Prison Walls, Open Minds: Rethinking Legal Education Behind Bars

The HC explored alternative learning options using modern technology. Both the BCI and the universities affiliated with the respective law colleges cited UGC regulations prohibiting LL.B. courses through online or distance mode. However, the principals of the concerned law colleges stated they were willing to allow the convicts to attend online classes if permitted by the court.

- DR. ASWATHY PRAKASH G

Earlier this year, in a rare yet authoritative observation of a convict's right to education, the Supreme Court of India (SC) upheld a Kerala High Court (HC) judgment permitting two life-term convicted prisoners to pursue legal education while incarcerated.

The Bar Council of India (BCI), the regulatory body for legal education, opposed the move, citing regulatory constraints and questioning its potential to set a precedent.

The SC, however, brushed aside the BCI's objections, labeling its view as conservative and upholding the reformative approach of the HC. This decision, however, opens up a deeper question: what does it mean to pursue a professional degree like law when one is preordained to spend their life behind bars? Is education behind prison walls merely about degrees, or something more transformative? And how do we reconcile such aspirations with regulatory norms that prohibit legal education via online or distance modes?

JUDICIAL REFORM WITH COMPASSION

Two life convicts appeared for the Kerala Law Entrance Examination for the 2023-24 academic year and secured admission to three-year and five-year LL.B. courses, respectively. They applied for bail to pursue their studies. The HC explored alternative learning options using modern technology. Both the BCI and the universities affiliated with the respective law colleges cited UGC regulations prohibiting LL.B. courses through online or distance mode. However, the principals of the concerned law colleges stated they were willing to allow the convicts to attend online classes if permitted by the court.

In its landmark 2023 verdict, the High Court granted the convicts permission to attend classes virtually from prison, directed prison authorities to facilitate video conferencing, and allowed interim bail wherever physical presence was required, such as for moot courts or examinations.