The Kerala High Court has ruled that convicts retain the parental right to ensure quality education for their children, granting a life convict emergency parole to assist in his son’s higher secondary education admission.

Introduction: A Landmark Ruling for Prisoners’ Parental Rights

In a progressive move, the Kerala High Court reaffirmed that convicted prisoners still hold the right to support their children’s education. The judgment followed a plea by the wife of a life convict, incarcerated at Malappuram‘s Central Prison, requesting emergency parole to assist their son with his school admission.

Background of the Case: Ensuring a Child’s Educational Future

The case, Shafeena PH v. State of Kerala & Ors., involved a convict whose son had recently passed his SSLC (Secondary School Leaving Certificate) examination with excellent results—six A+ and two A grades. The mother argued that her husband’s presence was vital in helping their son secure admission to the Plus Two course.

The request for parole was initially denied by the prison authorities, citing a lack of provisions. This prompted the petitioner to move the High Court.

Court’s Stand: Balancing Incarceration with Fundamental Rights

Presiding over the case, Justice PV Kunhikrishnan emphasized that while a convict forfeits some rights due to imprisonment, fundamental rights—particularly those tied to parenting and education—must be upheld.

“The convict’s fundamental rights include a father’s right to ensure his child receives a good education,” he stated. “The presence of a father is crucial in a child’s academic journey, offering emotional support, mentorship, and guidance.”

Recognizing Merit and Emotional Needs of Children

The Court highlighted the child’s academic achievement and emphasized the emotional benefit of allowing the convict temporary leave.

“Let the talented offspring of the convict, who achieved six A+ grades in the SSLC examination, spend a few days with his father… May the all-powerful bestow blessings on him for a radiant future,” read the judgment.

Final Verdict: Emergency Parole Granted

After reviewing the petition, the High Court ruled in favor of granting seven days of emergency leave to the father. This compassionate decision was grounded in the belief that supporting a child’s education is a fundamental responsibility, even if the parent is behind bars.

Implications: Humanizing the Justice System

The ruling sets a precedent in Indian law, showing that incarceration should not completely sever family relationships, especially when it pertains to a child’s well-being and education. It encourages a more humane approach to prison policy in India.

Conclusion: A Step Forward for Prisoners’ Family Rights

The Kerala High Court’s decision serves as a strong message: parental rights and educational support do not end with a prison sentence. It’s a heartening example of how law and empathy can coexist, shaping a future where even children of convicts can thrive with the right support.