To assist a convict's son in obtaining higher secondary school admission, the Court permitted a one-week emergency leave for the life-sentenced convict.
In a recent ruling ([Shafeena PH v. State of Kerala & Ors.]), the Kerala High Court allowed a convict serving a life sentence in Malapuram's Central Prison to take one week of emergency leave to assist his son with higher secondary education admission.
Justice PV Kunhikrishnan stated that although convicts forfeit certain rights typically granted to citizens, they retain the parental right to secure a good education for their children.
“Among the convict’s fundamental rights is that of a father to ensure his child receives a good education. By providing mentorship, guidance, and emotional support, a father’s presence is crucial for a child’s journey through higher education. It is true that a convict in jail will lose some of their rights. “However, for the sake of a successful educational year, the convict’s child should be able to spend a few days with his father,” the Court stated in its ruling.
The ruling came in response to a request from the life convict's wife for his emergency parole.
The Court was informed that their son had recently finished his Secondary School Leaving Certificate (SSLC) examination, achieving six A+ and two A grades. The wife who petitioned argued that they required the life convict's help to get their child into a higher secondary course.
The convict's wife approached the High Court after the jail authorities rejected her husband's parole request, citing a lack of provisions for parole in such cases.
The Court acknowledged the child's merit and the reason for the leave request, stating that it cannot ignore a bright student seeking his father's help with admission procedures.
“Let the convict’s brilliant child, XXXX, who achieved six A+ grades in the SSLC examination, spend a few days with his father. XXXX should advance to the plus two course after receiving his parents' blessings while they smile. The Court stated, "May the almighty bless XXXX with a bright future."
The Court thus permitted the petition and ordered the convict's release on emergency leave for seven days.
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