The Kerala High Court has reportedly granted permission for two individuals who are currently serving life imprisonment for murder to participate in online LLB classes starting from the academic year 2023-24 while they are in prison.

In its decision, a division bench consisting of Justices AK Jayasankaran Nambiar and Kauser Edappagath emphasized that the purpose of imprisonment extends beyond deterrence and includes reformation and rehabilitation. They pointed out that a convict is entitled to fundamental human rights and the right to live with dignity while incarcerated. The court further stated that the right to education for prisoners is a fundamental human right rooted in the principle of dignity, asserting that prisoners have the same right to pursue educational opportunities as individuals who are not confined within the walls of a jail.

The High Court also emphasized that enabling prisoners to access education is crucial for realizing the goals of reformation and rehabilitation within the context of imprisonment. The court noted that education can foster a sense of connection between prisoners and the broader community. Prison education can serve as a source of hope and inspiration for individuals in detention while effectively utilizing their time in confinement. Furthermore, it can assist them in leading improved lives once they are released back into society.

The High Court pointed to Rule 104 of the United Nations Standard Minimum Rules for the Treatment of Prisoners, which underscores the significance of providing education and training opportunities for individuals in prison. This rule emphasizes the global importance of educational programs and training as a means to support the rehabilitation and reintegration of prisoners into society.

The High Court was reviewing the bail application of two individuals who had been sentenced to life imprisonment for a murder case under Section 302 of the Indian Penal Code (IPC). These two life convicts had successfully passed the entrance examination for the LLB Course, which was conducted by the Kerala Law Entrance Commissioner for the academic year 2023-24.

One of the convicts was admitted to the three-year LL.B course at KMCT Law College in Malappuram, while the other was admitted to the five-year LL.B course at Sree Narayana Law College in Poothotta. Both of them then approached the High Court, seeking the suspension of their sentence and requesting to be released on bail to pursue their higher education.

In an initial interim order issued on October 6, the High Court allowed one of the petitioners to complete their admission process through online means. Additionally, the court directed the wife and brother of the applicants to visit the college, provide the necessary documents, and pay the required fees. The High Court recognized that the admission process had been successfully finalized.

The standing counsel representing Calicut University and MG University, under which the respective colleges were affiliated, opposed the request for the convicts to attend classes via online mode. They cited the UGC (Open and Distant Learning Programmes and Online Programmes) Regulation of 2020 to argue that participating in an LL.B course through online mode was prohibited according to these regulations.

The standing counsel for the Bar Council of India argued that only candidates who have successfully completed a regular LLB course from a recognized university are eligible to enroll as advocates. They relied on Rules 2(xxiii) and 12 of the Bar Council of India – Rules of Legal Education, 2008, to support this position.

However, the principals of the respective colleges took the stance that they would allow the applicants to attend classes online if the court issued an order in that regard, indicating their willingness to accommodate the students' educational needs.

The High Court, while considering various precedents and international treaties, noted that education is the most powerful tool for an individual's advancement. In relation to the UGC Regulations, the Court stated that the prohibition on online classes contained in those Regulations is a general one intended to prevent institutions from offering LL.B courses entirely in online mode.

The Court emphasized that this prohibition should not be interpreted as preventing a student from attending the course through online mode in exceptional or specific circumstances.  

The High Court, in its order, declared that allowing a specific student to attend the course online under exceptional circumstances, as in the current case, would not contravene the aforementioned Regulation. The court emphasized that since the appellants are incarcerated and unable to attend the course physically, their participation through online mode should be considered equivalent to attending the course in the regular offline mode.

As a result, the High Court granted permission for both of the life convicts to attend their classes through online mode, recognizing the unique circumstances of their situation.

The Court further ruled that the applicants should also be allowed to attend the college in person whenever their physical presence is essential for practical training or attending examinations. In light of this, the Court instructed the jail superintendents of both prisons and the principals of both colleges to make the necessary arrangements to facilitate the two convicts in attending classes online and, when required, in person for practical training or examinations.

Case: Pattakka Suresh Babu v. State of Kerala, CRL.M.APPL.NO.3/2023 IN CRL.A NO.740 OF 2018.