The Chhattisgarh High Court disposed of a Public Interest Litigation (PIL) filed by the Petitioner who is aggrieved by the act of the respondent authorities whereby the respondent authorities are not giving proper and adequate wages to the prisoners keeping in view the minimum wages notified by the Government of Chhattisgarh.
The Petition is filed with the following prayer:-
“…….
10.2 That, the Hon’ble Court may kindly be pleased to hold the prisoners are entitled the twothird (2/3) of the minimum wages as per notification dated 24.03.2023 (P/4) under the Minimum Wages Act, 1948 regarding revised the rates of skilled labour, unskilled labour, semiskilled labour, High skilled labour as a reasonable and fair wages.
10.3 That, the Hon’ble Court may be kindly pleased to hold that State Government are only deducting the one-third (1/3) of the minimum wages as per notification dated 24.03.2023 (P/4) under the Minimum Wages Act, 1948 regarding revised the rates of skilled labour, unskilled labour, semi-skilled labour, High skilled labour from the prisoners.
10.4 That, the Hon’ble Court may be kindly pleased to direct the Respondent State to implement the “Model Prison Manual” and advisories of the Ministry of Home Affairs Government of India regarding the wages paid to the prisoners.
10.5 That, the Hon’ble Court may be kindly pleased to direct the Respondent State to framed a scheme relating one-third of the wages earned by the convict could be sent to the family/dependents accounts for its needs directly.
10.6 That, the Hon’ble Court may be kindly pleased to direct the Respondent State to framed a scheme relating one-third of the wages earned by the convict is to be reserved in the form of the FDR for being paid to the prisoners on his release.
……”
Facts of the petition in a nutshell, are that :
(i) The National Crime Records Bureau published in its annual publication “Prison Statistic India” for the year 2020 in which State/UT-wise details of wages paid to convicts during the year 2020 published. The question regarding revision of wages of prisons raised before the Rajyasabha Government of India on March 2022. In the said question Rajyasabha to be answered on 30.03.2022 by stating that “Prisoners/’persons detained therein” is a “State List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons and inmates is the responsibility of respective State Governments who are competent to revise or increase the wages of prisoners and to establish Prison Development Boards for the welfare of prisoners.
(ii) The department of Labour Government of Chhattisgarh issued a notification on 24.03.2023 regarding revised the rates of skilled labour, unskilled labour, semi-skilled labour, High Skilled labour, which is effect from 01.04.2023 under the Minimum Wages Act 1948. As per the data published by the National Crime Record Bureau in its annual publication “Prison Statistics India”, in the State of Chhattisgarh made to the skilled and unskilled rates of wages in the prisons at Rs. 75/- and Rs. 60/- per day respectively.
(iii) The Model Prison Manual, prepared and circulated by Ministry of Home Affairs Government of India to all the States and UTs in 2016 has dedicated chapters on “Vocational Training and skill development programmes”, “Welfare of Prisoners”, “After-care and Rehabilitation”, “Education of Prisoners”, etc. The Model Prison Manual provides that the wages paid to prisoners should be fair and equitable and the rates should be standardised keeping in view the minimum wages notified by respective State Governments from time to time. Inspite of the clear advised by the Ministry of Home Affairs Government of India, the State Government has neither taken steps regarding enhancement of wages paid to the prisoners nor taken a decision to the wages paid to the prisoners should be standardised in view the minimum wages notified by the department of Labour, Government of Chhattisgarh notification dated 24.03.2023.
(iv) The Ministry of Home Affairs, Government of India already attended to all the State Governments to the various provisions relating to payment of wages, the statutory and constitutional obligations of the State Government to pay adequate wages and finally advised the State Government to adopt the principle of paying reasonable wages, the reasonableness being determined on the basis of what is fixed as minimum wages notifying by the State Government for the Industry or Trade or Government Departments.
(v) The Chhattisgarh Prison Rules 1968 extends to the whole of Chhattisgarh. Rule 647 envisages three main classes of labour skilled, semi-skilled and unskilled and the scale of tasks is arranged according to these classes. Reference may also be made to Rules 6475 & 647 which deals with utilization of wages. The Rules envisages utilization of 1/3 of the 50% wages earned by a convict for his personal needs in jail, 1/3 of the 50% wages could be sent to the family for its needs and remaining 1/3 of the 50% wages is to be reserved for being paid to the prisoners on his release, 1/3 of the 50% wages to be utilized by the prisoner in jails is given to the prisoner in the form of coupons for making purchase from the jail canteen. He could even purchase remission from the wages paid to him.
(vi) In the State of Chhattisgarh prisoners are granted Rs. 75/- for skilled work and Rs. 60/- for unskilled work as wages per day. The said amount fixed by the Government of Chhattisgarh is insufficient and nor reasonable wages. In spite of the Model Prison Manual prepared and circulated by Ministry of Home Affairs to all the States in the year 2016, in which clearly provides that the wages paid to the prisoners should be fair and equitable and the rates should be standardised keeping in view the minimum wages notified by the respective State Government from time to time, but the Government of Chhattisgarh have not taken steps for enhancement of wages of prisoners till date. Hence, the petition.
On 05.03.2024, the respondents-State filed its reply-affidavit, in which they denied the allegations levelled against it. They have further submitted that the prisoners are paid “equitable wages” for the work done by them. “Equitable wages” payable to the prisoners is worked out after deducting the expenses incurred by the Government on food, clothing and other amenities provided to the prisoners from the minimum wages under the Minimum Wages Act. It was further submitted that from 17.08.2017 onwards prisoners in the State of Chhattisgarh are granted Rs. 75/- per day for skilled work and Rs. 60/- per day for unskilled work as wages.
On 07.08.2024, the petitioner filed a rejoinder-affidavit, in which he denied the averments made in the reply-affidavit filed by the state. In the rejoinder-affidavit, it has been mentioned that the respondent authorities have not taken any steps for enhancement of wages of the prisoners/persons detained in Jail whereas, the said issue has been raised in Rajya Sabha on 30.03.2022 and in the Rajya Sabha, Minister of State in the Ministry of Home Affairs answered that, “Prisoners/persons detained herein” is a “State List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons and inmates is the responsibility of respective State Governments who are competent to revise or increase the wages of prisoners and to establish Prison Development Boards for the welfare of prisoners.
It has been further mentioned that the wages are not being paid to the prisoner on the basis of day-to-day as mentioned in the reply-affidavit. It has been mentioned that the wages as proposed by the respondent authorities are not sufficient in view of the recent/present living conditions/status.
In the reply-affidavit filed by the State on 05.03.2024, the Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal noted that the State Government are revisiting with the matter with respect to the minimum wages to be paid to the prisoners detained in jail i.e. at the rate of Rs.100/- per day to the skilled labours as well as Rs.80/- per day to the unskilled labours.
“Having considered the submissions of learned counsel appearing for the parties as well as considering the reply-affidavit filed by the State, instant public interest litigation stands disposed of. We hope and trust that the State Government shall consider the proposal as mentioned in the reply-affidavit filed by the State expeditiously”, the order reads.