In a significant ruling, the Kerala High Court on Thursday dismissed a public interest litigation challenging the state government’s decision to substantially increase daily wages for convicted prisoners engaged in jail labor. The bench, comprising Justice Soumen Sen and Justice V.M. Shyam Kumar, upheld the validity of the executive order issued on January 9, which raised the daily wage range from the previous Rs 63-168 to a new bracket of Rs 530-620.
The petitioner, advocate A.K. Gopi, had argued that this multi-fold hike—up to nine times in some categories—amounted to an unconstitutional economic reversal. Under the new rates, prisoners could earn between Rs 15,000 and Rs 18,600 monthly, despite receiving free food, accommodation, clothing, and medical care from the state. The plea contended that this would place inmates in a better financial position than free laborers.
Drawing on the Supreme Court’s precedent in State of Gujarat vs. High Court of Gujarat (1998), the petitioner emphasized that prison labor isn’t traditional employment. Wages serve to promote equality and incentivize work, not match minimum wages, especially considering state-provided amenities. The court had warned against rates that elevate prisoners above free workers economically.
The PIL also highlighted Kerala government’s minimum wage notifications under the Minimum Wages Act, 1948: Rs 15,000 for unskilled, Rs 15,720 for semi-skilled, and Rs 18,000 for skilled workers monthly—without housing or food subsidies. It noted that even honorariums for elected local body representatives fall below these revised jail wages.
Dismissing these arguments, the High Court clarified that the lack of wage revisions for other categories doesn’t bar the government from updating prisoner pay. Other groups can pursue revisions through appropriate channels. The bench stressed that jail wages form part of the rehabilitation process, rewarding actual labor to aid reintegration into society. This decision reinforces the rehabilitative role of prison labor in modern correctional systems.