Government Can Resume Leased Land For Public Purpose; 'Substantial Compliance' Of 60-Day Notice Sufficient: Kerala High Court Revenue Can't Cite Pending Litigation to Justify One Year of Adjudication Inaction: Karnataka High Court Limitation | 1,142 Days of Silence: Orissa High Court Rejects Litigant's Claim That His Lawyer Never Called SC/ST Act's Bar on Anticipatory Bail Does Not Apply When Complaint Fails to Make Out Prima Facie Case: Karnataka High Court Oral Agreement for Sale Cannot Be Dismissed for Want of Stamp or Registration: Calcutta High Court Upholds Injunction Finance Company's Own Legal Manager Cannot Appoint Arbitrator — Award Passed by Such Arbitrator Is Non-Est and Inexecutable: Andhra Pradesh High Court District Court Cannot Remand Charity Commissioner's Order: Bombay High Court Division Bench Settles Conflicting Views Framing "Points For Determination" Not Always Mandatory For First Appellate Courts: Allahabad High Court Delhi HC Finds Rape Conviction Cannot Stand On Testimony Where Victim Showed 'Unnatural Concern' For Her Alleged Attacker Limitation in Partition Suit Cannot Be Decided Without Evidence: Karnataka High Court Cheque Dishonour Accused Can Probabilise Defence Without Entering Witness Box — Through Cross-Examination And Marked Documents Alone: Madras High Court Contributory Negligence | No Driving Licence and Three on a Motorcycle Cannot Mean the Victim Caused the Accident: Rajasthan High Court LL.B Degree Cannot Be Ground to Deny Maintenance to Divorced Wife: Gujarat High Court Dried Leaves and Branches Are Not 'Ganja': Delhi High Court Grants Bail Under NDPS Act Family Court Judge Secretly Compared Handwriting Without Telling Wife, Then Punished Her Hesitation: Delhi High Court Quashes Divorce Decree Co-Owner Can Sell Undivided Share in Joint Property Without Consent of Other Co-owners — Sale Deed Valid to Extent of Transferor's Share: Orissa High Court Mandatory Safeguards of Section 42 NDPS Cannot Be Bypassed — Even When 1329 Kg of Hashish Is Seized: Gujarat High Court Affirms Acquittal GST Officer Froze Business Accounts Without Any Legal Basis, Ignored Taxpayer for Three Months: Bombay High Court Imposes Personal Costs Weapon Recovered, But No Forensic Report, No Independent Witness — Allahabad High Court Acquits Murder Accused

Every Person’s Life is Precious: Kerala High Court Upholds Dignity of Life for Prisoners, Permits Online Education for Convicts

07 May 2024 8:19 AM

By: Admin


In a landmark decision on November 3, 2023, the Kerala High Court, comprising Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath, underscored the constitutional right to live with human dignity, ruling in favor of two life convicts who sought to pursue higher education via online courses while serving their sentences.

The court observed, “The right of a citizen to live with dignity forms a significant part of the right to life guaranteed under Article 21 of the Constitution of India,” reflecting the court’s stance on the intrinsic value of human life and dignity, regardless of a person’s circumstances.

The applicants, both convicted under Section 302 of the IPC and serving life terms, had successfully cleared entrance examinations for the LL.B. course. Despite their incarceration, the court has permitted them to attend the course online, facilitated by the respective prison and college authorities. This decision came after careful consideration of the restrictions on online legal education under the UGC Regulations, 2020, and the Bar Council of India’s stipulations for legal education.

“The restriction on liberty imposed by law on a convict does not take away his right to dignity protected by the Constitution,” the bench stated, emphasizing that the denial of physical attendance at the educational institution should not hinder the convicts’ right to education.

In recognizing education as a powerful mechanism for individual advancement and a fundamental human right, the court has taken a significant step towards the reformation and rehabilitation of convicts. The decision also aligns with international norms and the United Nations Standard Minimum Rules for the Treatment of Prisoners, reinforcing the importance of education in prisons.

The ruling has been met with approval from various educational and legal experts, citing it as a progressive move towards integrating technology into the criminal justice system and enhancing the rehabilitative aspects of imprisonment.

The case has set a precedent for honoring the rights of convicts to pursue studies, illustrating the court’s commitment to upholding the dignity and fundamental rights of all citizens, including those behind bars.

Date of Decision: 03 November 2023

PATTAKKA SURESH BABU VS STATE OF KERALA       

Latest Legal News