Kerala High Court: Denial of Emergency Leave for Brother’s Son’s Marriage is Discriminatory

The Kerala High Court held that denying emergency leave to a convict to attend the marriage of his brother’s son is discriminatory and violates Articles 14 and 15 of the Constitution.

The Court examined Rule 400(1)(ii) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, and found that prison authorities were wrongly interpreting the terms “direct nephew” and “direct niece” to include only a sister’s children.

The Court said there cannot be discrimination between a convict’s brothers’ and sisters’ children while granting emergency leave.

It allowed the plea and directed circulation of the judgment to all jail superintendents in the State.

[Shaduli P.M. v. State of Kerala & Ors.]