Uttarakhand High Court Directs State To Consider Providing Equitable Wages To Prisoners Engaged In Labour Within Jail

The PIL, filed to address the lack of compensation for prisoners working under rigorous conditions, brought to light the non-payment of wages to prisoners engaged in labour in several jails across the state, including Sitarganj Jail, where inmates work on a 450-acre farm without remuneration.

Chief Justice Ritu Bahri and Justice Rakesh Thapliyal, presiding over the matter, referenced the precedent established by the Supreme Court in State of Gujarat & another vs. Hon'ble High Court of Gujarat, (1998), which specifically addressed the status of prisoners engaged in labour.

The Supreme Court had observed that labour performed under a sentence of rigorous imprisonment could not be equated with "beggary" or other forms of forced labour prohibited under Article 23(1) of the Constitution.

The Apex Court in the same judgement had further noted that "The Constitution, however, does not bar a State, by appropriate legislation, from granting wages (by whatever name called) to prisoners subject to hard labour under the court's orders, for their beneficial purpose or otherwise.”

Despite this clear guidance from the Supreme Court, the Uttarakhand High Court expressed concern that the State had not yet implemented any measures to ensure that prisoners are compensated for their labour.

In its directive, the High Court called upon the State to revisit the issue and take appropriate legislative or administrative action, keeping in view the Supreme Court's judgement. The Court emphasized that the State's responsibility to ensure fair treatment of prisoners must include the provision of equitable wages for their labour.

The matter has been scheduled on September 3, 2024 for further consideration.

Case Title: Ramachandra alias Raju Verma Vs State of Uttarakhand 

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