Can Prison Walls Stop a Father from Supporting His Child’s Education?

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In a compassionate and insightful judgment, the Kerala High Court in Shafeena P.H. v. State of Kerala & Ors. [WP(Crl.) No. 689 of 2025 addressed a vital question that bridges prison rights, parental responsibility, and the right to education: Can a person convicted and serving a life sentence still play an active, supportive role in their child’s educational journey? The court’s answer was a resounding yes—within the bounds of law and humanity.

Factual Background

The petitioner, Shafeena P.H., is the wife of a convict (Rasheed K., Convict No. 491/23), who is undergoing life imprisonment at the Central Prison and Correctional Home, Thavanur, pursuant to a conviction in Sessions Case No. 59/2018. Their son, Shahansha Rasheed, a meritorious student, had recently completed his SSLC (10th Standard) examinations with outstanding results, securing six A+ and two A grades.

In light of his performance, the family sought to admit him to a higher secondary course. However, the process required his father’s presence for financial, logistical, and emotional support. The petitioner approached the prison authorities for emergency parole to facilitate this, but her request was rejected on the ground that there was no explicit provision for such release under the Kerala Prisons and Correctional Services Rules.

Aggrieved by this rejection, she moved the Kerala High Court seeking judicial intervention.

Issues

  • Can a convict be granted parole solely for supporting the education of his child?
  • Does the denial of such parole violate the fundamental rights of the child under Article 21 of the Constitution?
  • Is the presence of a father, even as a convict, integral to a child’s educational journey?

Judicial Observations and Reasoning

Justice P.V. Kunhikrishnan, while delivering the judgment, noted that:

The child, Shahansha Rasheed, was a bright student who deserved continued encouragement and support. A child’s access to quality education and emotional security cannot be curtailed merely because a parent is incarcerated.

A convict’s fundamental rights are restricted but not extinguished. The Court acknowledged that while being in prison does curtail several civil liberties, certain rights—especially those involving family and dignity—continue to exist.

The father’s emotional and practical presence was deemed vital during this transitional academic phase.

The Court concluded that the convict-father’s temporary release was justified under emergency leave provisions for one week, to enable him to help his son with college admission formalities and offer parental support.

Court’s Direction

The High Court ordered:

  • The convict be released from 12.06.2025 to 18.06.2025.
  • He shall execute a bond of ₹1,00,000 with two solvent sureties.
  • He must return to prison by 4:00 PM on 18.06.2025 without fail.

Legal and Constitutional Framework

  • Article 21 of the Constitution of India – The right to life includes the right to education and the right to dignity for both children and prisoners.
  • Juvenile Justice (Care and Protection of Children) Act, 2015 – Emphasises the best interests of the child and the importance of parental involvement in upbringing.
  • UN Convention on the Rights of the Child (UNCRC) – India, as a signatory, is obliged to ensure that the child’s right to development and education is protected even in vulnerable circumstances.

Highlights of the Judgment: Justice with Empathy

Justice P.V. Kunhikrishnan said:

“The basic rights of the convict includes the right of a father to get good education to his child. A father’s presence plays a vital role in child’s higher education journey by offering emotional support, guidance and mentorship. It is true that, when a convict is in jail, the convict will loose some of his rights. But, the child of the convict should get the presence of his father for few days for a successful education year.

Let the bright child of the convict ……. spend a few days with his father. “

Significance of the Judgment

  • Affirms a Child-Centric Approach: The judgment reinforces that the welfare of the child must remain paramount, regardless of the legal status of the parents.
  • Expands Scope of Emergency Leave: It opens a broader interpretation of “emergency” in prison rules, aligning administrative decisions with constitutional values.
  • Humanises the Prison System: By granting temporary parole, the judiciary emphasised that convicts continue to be individuals with emotional and familial responsibilities.

Conclusion

The Kerala High Court judgment in Shafeena P.H. v. State of Kerala is not merely a legal order—it is a humane intervention that recognises the intertwined nature of justice, family, and education. It underscores that a convict’s punishment must not translate into collateral suffering for the convict’s child, especially when it comes to education, a right guaranteed under the Constitution and reinforced by moral conscience.

The decision sets a precedent for other High Courts and prison authorities to adopt a more compassionate, child-sensitive approach while interpreting parole provisions. In doing so, it paves the way for a justice system that does not forsake the future of children due to the sins of their parents.



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