The Uttarakhand High Court has instructed the State to address the matter of ensuring fair wages for prisoners involved in labor within jails, following a Public Interest Litigation (PIL) on the issue.

The PIL, aimed at addressing the absence of compensation for prisoners working under demanding conditions, highlighted the issue of non-payment of wages to inmates engaged in labor across various jails in the state. This includes Sitarganj Jail, where inmates work on a 450-acre farm without receiving any remuneration.

The bench consisting of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal, referred to the Supreme Court's precedent in State of Gujarat & Another vs. Hon'ble High Court of Gujarat (1998), which specifically dealt with the status and rights of prisoners engaged in labor.

The Supreme Court had noted that labor performed as part of a sentence of rigorous imprisonment could not be considered "beggary" or other forms of forced labor, which are prohibited under Article 23(1) of the Constitution.

The Apex Court in the same judgement had further noted that "The Constitution, however, does not bar a State, by appropriate legislation, from granting wages (by whatever name called) to prisoners subject to hard labour under the court's orders, for their beneficial purpose or otherwise.”

Despite this clear guidance from the Supreme Court, the Uttarakhand High Court expressed concern that the State had yet to implement measures to ensure that prisoners receive compensation for their labor.

In its directive, the High Court urged the State to revisit the issue and take suitable legislative or administrative action, in light of the Supreme Court's judgment. The Court emphasized that the State's duty to ensure fair treatment of prisoners must encompass the provision of equitable wages for their labor.

The matter is scheduled for further consideration on September 3, 2024.

Case Title: Ramachandra alias Raju Verma Vs State of Uttarakhand