Court Rules in Favor of Equality, Allows Leave for Convicts to Attend Marriages of Both Brother’s and Sister’s Children
In a landmark judgment, the Kerala High Court, presided over by Dr. Kauser Edappagath J., has expanded the scope of emergency leave for convicts under the Kerala Prisons and Correctional Services (Management) Rules, 2014. The court addressed the misinterpretation of Rule 400(1)(ii), which had previously restricted emergency leave for attending the marriages of close relatives only to the convict's sister's children, excluding those of the convict's brother.
The judgment came in response to a writ petition filed by Shaduli P.M, whose uncle, a convict serving a life sentence, was denied leave to attend Shaduli's marriage. The application for leave was rejected by the Superintendent of Central Prison and Correctional Home, Kannur, on the grounds that the petitioner did not qualify under the existing interpretation of the rules.
Dr. Edappagath, emphasizing the principles of equality enshrined in Articles 14 and 15 of the Constitution of India, ruled that the exclusion of a convict's brother's children from the scope of emergency leave constitutes discrimination. The court affirmed that emergency leave should be granted to attend the marriage of both the convict’s sister’s and brother’s children, correcting the misinterpretation that led to widespread rejection of leave applications across the state.
The court ordered the Jail Superintendent to grant the convict a week's emergency leave starting from December 23, 2025, ensuring the convict's presence at the marriage scheduled for December 26, 2025. Furthermore, the court directed that copies of the judgment be circulated to all jail superintendents in Kerala to prevent future misinterpretations of the rule.
This judgment not only rectifies a long-standing issue but also underscores the judiciary's commitment to uphold constitutional values of equality and non-discrimination.
Bottom Line:
Emergency leave for convicts under Kerala Prisons and Correctional Services (Management) Rules, 2014 - Convict eligible for emergency leave to attend marriage of brother's children in addition to sister's children - Wrong interpretation of Rule 400(1)(ii) corrected to ensure no discrimination between convict's siblings' children.
Statutory provision(s): Kerala Prisons and Correctional Services (Management) Rules, 2014 Rule 400(1)(ii), Articles 14 and 15 of the Constitution of India.
Shaduli P.M v. State of Kerala, (Kerala) : Law Finder Doc Id # 2833861
