Kerala High Court Upholds Prisoner's Right to Publish Literary Works

Court Directs Government to Expedite Decision on Inmate's Book Publication

In a landmark judgment, the Kerala High Court has reinforced the rights of prisoners to publish literary works, provided the content does not infringe legal provisions or contain harmful material. The judgment was delivered by Mr. V.G. Arun, J., in response to a writ petition filed by Roopesh T.R, currently incarcerated under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Indian Penal Code, 1860. Roopesh, who has used his time in prison to pursue higher education, wrote a book titled "Bandhitharude Ormakurippukal" (Memoirs of the Incarcerated) and sought permission to publish it.

The Kerala Prisons and Correctional Services (Management) Act, 2010, does not expressly prohibit prisoners from publishing literary works. The Act guarantees prisoners the right to live with human dignity and to enjoy fundamental rights, including freedom of thought and expression, as highlighted in the judgment. The court noted that these rights are curtailed only to the extent necessary due to the nature of incarceration.

The petitioner argued that the delay in granting permission for publication was discriminatory, pointing out that other prisoners have been allowed to publish their works. Citing the Supreme Court's decision in "State of Maharashtra v. Prabhkar Pandurang Sanzgiri," the petitioner emphasized that prisoners have the right to publish their works if the content does not harm national interest or contain deleterious material.

The State's counsel argued that, while there is no outright ban on publication under UAPA, the content must be scrutinized to ensure it does not incite violence, promote unlawful ideologies, or contain sensitive material. The government indicated that the process of reviewing the manuscript would take approximately three months.

Justice V.G. Arun underscored that prisoners retain their fundamental rights and are not reduced to non-persons upon conviction. The court acknowledged the reformative and rehabilitative goals of incarceration, which are served by allowing prisoners to engage in creative and intellectual activities like writing.

The judgment directed the prison authorities to decide on Roopesh's application for publication within three months, while considering the Supreme Court's observations in the Sanzgiri case and ensuring the content does not violate legal provisions.

This ruling is significant in reinforcing the balance between security concerns and the rights of prisoners, emphasizing the importance of rehabilitation and intellectual freedom even within the confines of prison walls.

Bottom Line:

Prisoner's rights - Right to publish literary works upheld unless the content violates legal provisions or contains deleterious material.

Statutory provision(s): Kerala Prisons and Correctional Services (Management) Act, 2010, Unlawful Activities (Prevention) Act, 1967, Indian Penal Code, 1860

Roopesh T.R v. State of Kerala, (Kerala) : Law Finder Doc Id # 2807785