New Delhi: Is a prisoner performing soft
labour in jail entitled to wages on par with other inmates doing hard labour?
The Supreme Court has agreed to examine this interesting
question of law and sought response from the Tihar Central
Jail Superintendent on a petition filed by an ex-convict Phool
A bench of justices P Sathasivam and J Chelameshwar
granted four weeks to the Jail Superintendent to file his
reply on the issue.
Sentenced to five years RI in a criminal case, Kumari
remained in the Tihar jail from March 24, 2007 to December 23,
2010, after availing remission.
She was alloted the work of assisting doctors in the OPD
in Jail No 6 and was also taking care of cleanliness of
medical inspection room (MI).
After release from the prison, her husband Jatan Singh
filed a petition before Madhu Jain ASJ praying for wages to be
released on her behalf, which was rejected by the magistrate.
On the basis of an affidavit filed by the DIG Prisons that
she was not entitled to wages as Kumari did not agree to do
any hard labour, the Delhi High Court dismissed her plea
following which the couple appealed in the apex court.