Kerala High Court Admits Plea Against 'Meagre Wages' Paid To Prisoners, Restrictive Phone Call Policies
A plea has been moved before the Kerala High Court stating that wages paid to prisoners are meagre and do not comply with the minimum wage standards set by the government. The plea argues that insufficient compensation for labour would amount to forced labour under Article 23 of the Constitution.
The plea also states that the arbitrary phone call rates and restriction on the number of contact numbers allowed for prisoners is unjust and against the principles of reformative justice.
Justice N.Nagaresh admitted the matter and directed the respondents to file a counter affidavit.
The plea has been moved by Aneesh Kumar, a convicted prisoner undergoing incarceration for a life sentence at Central Prison and Correctional Home in Kannur.
The plea states that prisoners in closed prisons receive between Rs. 63 to Rs. 127 per day and the basic pay in open prisons is Rs. 170, and Rs 230 for additional work per day.
The plea states, “These wages are meagre and do not align with the prevailing minimum wage standards set by the state government. It is submitted that even if a prisoner is found guilty of a crime in a court of law, he or she does not cease to be a person. Thus, a prisoner, like any other non-prisoner, is entitled to certain fundamental rights that no authority has the jurisdiction to revoke.”
It is also stated that meaningful reformation of prisoners can only be achieved when prisoners are given minimum wages enabling them to provide for themselves and their families.
It is stated that the Model Prison Manual provides that wages paid to the prisoners must be fair and equitable and the rates must be in consonance with the minimum wages provided by the government.
The petitioner thus seeks a direction to increase their wages as per the Minimum Wages Act of 1948 and recommendations of the Model Prison Manual.
The petitioner also points out that prisoners in Karnataka receive higher wages compared to those in other states. In Karnataka, unskilled inmates earn up to Rs 524 per day, and after one year, they are classified as skilled workers, earning up to Rs 548 per day.
The petitioner further states that phone call rates of prisoners should also be lowered as they depend on phone communication to keep in touch with their family and society. It is stated that the present rate of Rs 1 per minute is arbitrary and unreasonable.
The plea also states that the limitation on the number of contact numbers allowed for an inmate is unfair. It is argued that the current limit of three contact numbers is inadequate and restricts the prisoners from connecting with their families, children, and lawyers.
The plea thus seeks to reduce the phone call charges and also to permit the prisoners to have at least seven contact numbers.
The matter has been posted to December 05.
The plea has been moved by Advocates Prasoon Sunny, Raji S., and Ritty K. Reji
Case Number: WP(C) NO. 38724/2024
Case Title: Aneesh Kumar v State of Kera