Education a Pathway to Reformation – Kerala High Court Upholds Convict’s Right to Education
In a significant ruling that underscores the importance of education in the reformation of convicts, the Kerala High Court, presided over by the Honorable Mr. Justice Bechu Kurian Thomas, has delivered a landmark judgment, affirming the rights of a life convict to pursue higher education. The judgment, dated 18th January 2024, in the case of W.P.(Crl.) No. 1037 of 2023, revolves around petitioner Karuvangadan Mukthar @ Muthu, who sought permission to join a three-year LLB course at KMCT Law College.
Justice Thomas, in his observation, emphasized that “the criminal jurisprudence in our country is based on the principles not only of deterrence or retribution but also of reformation.” This statement formed the crux of the judgment, which effectively balanced the convict’s right to education against the societal interests and the administrative concerns of the educational institution.
The petitioner, currently a convict undergoing life imprisonment for offenses including section 302 of the IPC, had cleared the entrance examination for the law course but was hindered by his incarceration from joining the college. The college authorities raised objections, citing potential disciplinary issues and referencing the UGC regulations which prohibit imparting law courses online. However, the court referred to the precedent set in Pattakka Suresh Babu v. State of Kerala, where convicts were permitted to attend classes online, and noted the discriminatory stance of the college as it had previously admitted another convict under similar circumstances.
Justice Thomas further noted, “When the prisoner expresses his willingness to undergo a course of study and has even gained admission after a competitive examination, the objection raised by the college cannot be countenanced and, on the other hand, is to be deprecated.” This powerful statement highlights the court’s commitment to the reformation and rehabilitation of convicts through education.
In its ruling, the High Court directed KMCT Law College to admit the petitioner for the LLB course and make necessary arrangements for his online education. Additionally, the court ordered that if the petitioner’s physical presence is required for admission, he should be granted escort leave.
Date of Decision: 18 January 2024
KARUVANGADAN MUKTHAR @ MUTHU VS SUPERINTENDENT, CENTRAL
