The Kerala High Court recently instructed the state to deliberate within three months on an appeal for permission to publish a book by a person convicted under the Unlawful Activities (Prevention) Act (UAPA).
The bench of Justice VG Arun last week considered the petition filed by the convict who wrote a book titled ‘Bandhitharude Ormakurippukal' (Memoirs of the Incarcerated) while in jail and applied to the Superintendent of the Prison for permission to publish, along with the manuscript.
However, there has been an inordinate delay by the state Prisons and Correctional Services authorities in taking a decision on his request, prompting him to approach the court, the petition said.
Previously, the Superintendent of the Prison sent the convict's application and the manuscripts of the books, together with his recommendation, to the Director General of Prisons and Correctional Services.
The counsel for the convict submitted that the Kerala Prisons and Correctional Services (Management) Act does not contain any provision prohibiting prisoners from engaging in literary works, the Indian Express reported.
It was further argued that the right to live with human dignity and enjoy fundamental rights includes the right to free thought and speech, and that restricting the right undermines the Act's reformative and rehabilitative goals.
The government pleader submitted that the state is not standing in the way of the petitioner publishing his book.
At the same time, before granting permission, the petitioner, being guilty of offences under the UAPA, it has to be ascertained whether the book's content violates any provisions of the UAPA or contains defamatory, derogatory, or sensitive material requiring redaction, the state said.
The government pleaders submitted that in the petitioner's case, the state will take a decision after a detailed scrutiny of the manuscript, and the process will take at least three months.
The court observed that, by reason of the conviction, a person is not reduced to a non-person and his rights are made subject to the whims of the prison administration.
While on the issue regarding a prisoner's right to publish his literary book, it is essential to bear in mind that thoughts and dreams, being internal and intangible, are beyond external control and curtailment, the court observed.
The court further stated that the Kerala Prisons and Correctional Services (Management) Act or the associated Rules did not include any provision allowing prison authorities or the government to prevent a prisoner from publishing his literary work. As a result, the court determined that "the petitioner's request to publish his book cannot be denied in the absence of deleterious or harmful content". It ordered the state to decide on the convict's plea to publish his book within three months.