In a significant ruling that underscores the fundamental rights of prisoners, the Kerala High Court has directed the state government to make a decision within three months on a petition filed by a convict under the Unlawful Activities (Prevention) Act seeking permission to publish his literary work.
Court's Landmark Observation on Prisoner Rights
Justice V G Arun, in his order dated November 3, made crucial observations about the rights of incarcerated individuals, stating that conviction does not reduce a person to a non-person whose rights become subject to the whims of prison administration. The court emphasized that while fundamental rights under Part III of the Constitution may be curtailed due to confinement, they are not completely extinguished.
The UAPA convict, currently lodged at Viyyur Central Jail, had approached the High Court after experiencing what he described as an inordinate delay by prison authorities in deciding on his request to publish his book titled Bandhitharude Ormakurippukal (Memoirs of the Incarcerated).
Legal Battle Over Literary Expression
The convict's legal counsel presented a compelling argument before the court, highlighting that the Kerala Prisons and Correctional Services (Management) Act, 2010 contains no provision that explicitly prohibits prisoners from publishing their literary works. They further contended that the right to live with human dignity and enjoy fundamental rights necessarily includes the freedom of thought and expression.
According to the petition, the Superintendent of the Prison had previously forwarded the convict's application along with the manuscript and his recommendation to the Director General of Prisons and Correctional Services, but no decision had been made for a considerable period.
Government's Stance and Court's Verdict
The government pleader representing the state argued that authorities were not fundamentally opposed to the publication but needed to examine the book's contents to ensure it didn't violate UAPA provisions or contain defamatory, derogatory, or sensitive material that might require redaction.
However, the court sided with the convict's arguments, noting that neither the Prisons Act nor the corresponding Rules provided any legal basis for prison authorities or the government to prevent a prisoner from publishing literary work. The bench categorically stated that the petitioner's request cannot be denied in the absence of any demonstrated harmful or deleterious content in the manuscript.
The court's ruling reinforces the reformative and rehabilitative purposes of the prison system while balancing security concerns. Justice Arun's order gives the state government a three-month deadline to make a final decision on the publication request, bringing closure to what had become a protracted legal battle over prisoner rights and freedom of expression.
