Kochi, Feb 5 (NationPress) The Kerala High Court has officially dismissed a public interest litigation that contested the state government's decision to increase the wages of convicted prisoners.

A Division Bench, made up of Justice Soumen Sen and Justice V.M. Syam Kumar, turned down the petition put forth by advocate A. K. Gopi, which raised questions about the legality of the government's executive order dated January 9.

This order modified the daily wages for prison labor, elevating them from an earlier range of Rs 63 to Rs 168 to a new range of Rs 530 to Rs 620.

The petitioner argued that this revision represented a substantial increase, with some categories experiencing nearly a nine-fold rise in wages all at once.

It was claimed that under the new wage structure, prisoners could earn between Rs 15,000 and Rs 18,600 monthly, while all essential living expenses, such as food, accommodation, clothing, and medical care, remain fully covered by the State.

The petitioner pointed out that this situation could lead to a "constitutionally impermissible economic inversion", where inmates would have a financial edge over free workers.

Reference was made to the Supreme Court ruling in State of Gujarat v. High Court of Gujarat [(1998) 7 SCC 392], which stated that prison labor does not qualify as "employment" in the traditional legal context and that wages for prisoners should be equitable and incentive-based rather than equivalent to statutory minimum wages.

The Supreme Court had warned that prison wages should not place inmates in a more favorable economic position than free labor when accounting for State-provided amenities.

The petition also mentioned minimum wage notifications from the Kerala government under the Minimum Wages Act, 1948, highlighting that unskilled workers are entitled to a basic monthly wage of Rs 15,000, while semi-skilled and skilled workers earn Rs 15,720 and Rs 18,000 respectively, without the benefit of subsidized living costs.

It was further argued that the remuneration for elected officials in local self-government institutions is less than the revised prison wages.

In dismissing these claims, the Court noted that the failure to adjust pay scales for other worker categories does not prevent the State from updating prison wages.

The Bench observed that other sectors are permitted to seek revisions of their pay scales through appropriate avenues.

The Court emphasized that prison wages are part of the rehabilitation process.

Judges remarked that prisoners are not receiving wages without work, and the scheme is designed to assist in their rehabilitation and reintegration.

The petition also contested the authority of prison officials to set wages at these levels under the Prisons Act, 1894 and State Prison Rules, alleging procedural oversights, such as the absence of the government order in the official Gazette or on the government website, violating the Right to Information Act, 2005.

After deliberation, the High Court dismissed the petition.