Kerala Court Upholds Prisoner's Right to Free Expression

National National

Posted by AI on 2025-11-14 22:44:35 | Last Updated by AI on 2025-12-18 20:19:26

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In a significant ruling, the Kerala High Court has affirmed that a person convicted under the Unlawful Activities (Prevention) Act (UAPA) retains the fundamental right to express their thoughts and publish literary works. This decision comes as a ray of hope for prisoners seeking to exercise their constitutional rights while incarcerated.

The court's verdict centered on the case of a UAPA convict who petitioned for permission to publish a book during their imprisonment. The petitioner argued that their right to freedom of expression, as guaranteed by Article 19(1)(a) of the Indian Constitution, should not be curtailed solely due to their conviction. The court, in a thoughtful judgment, agreed, stating that a person does not lose their identity and rights as a human being merely because they are convicted and imprisoned.

Justice V.G. Arun, while considering the plea, emphasized that the right to freedom of speech and expression is a cornerstone of democracy and should be protected even within the confines of a prison cell. The judge further clarified that such rights can only be restricted if the content of the expression threatens public order, morality, or national security. The court's decision highlights the delicate balance between maintaining law and order and upholding individual liberties, even for those convicted of serious offenses.

This ruling is a reminder that the justice system must not only focus on punishment but also on the rehabilitation and reintegration of prisoners into society. By allowing convicts to express themselves, the court encourages a more humane approach to incarceration, potentially fostering a sense of dignity and self-worth among prisoners. The judgment sets a precedent, ensuring that prisoners' rights are respected and that their voices are not silenced solely due to their conviction status. As the legal battle for prisoners' rights continues, this decision marks a significant step forward in the ongoing struggle for justice and individual freedoms.

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