Attending Family Funeral Is A Fundamental Right For Under-Trial Prisoners; Prison Authorities Can Grant Leave Without Court Order: Madras High Court - 2025-07-04

Attending Family Funerals A Fundamental Right For Under-Trials, Prison Authorities Can Grant Leave Directly: Madras HC Issues Landmark Ruling

Chennai: In a significant ruling aimed at upholding the dignity and fundamental rights of prisoners, the Madras High Court has declared that attending the funeral of a close relative is a fundamental right for under-trial prisoners. A division bench of Justices S.M. Subramaniam and K. Rajasekar directed the State's prison authorities to grant temporary leave to under-trials for this purpose without forcing them to seek court orders.

The court issued this landmark directive while hearing an urgent writ petition filed by Sarikathu Nisha , whose brother, Barakathullah , an under-trial prisoner detained under the Unlawful Activities (Prevention) Act, 1967, sought permission to attend his mother's funeral.

Case Background

The petitioner’s brother, Mr. Barakathullah , has been in judicial custody at Central Prison, Puzhal, since September 2022. Following his mother's sudden demise on April 18, 2025, the family sought permission for his temporary release to attend the final rites.

However, a legal roadblock emerged: the Tamil Nadu Suspension of Sentence Rules, 1982, only permit prison authorities to grant leave to convicted prisoners. Under-trial prisoners are compelled to approach the trial court for interim bail or file a writ petition in the High Court. The situation was exacerbated by a three-day court holiday, forcing the petitioner to move an urgent motion before a specially constituted bench.

Court's Observations on Human Dignity and Fundamental Rights

The High Court used the occasion to address the systemic discrimination faced by under-trial prisoners. The bench firmly held that the right to attend the funeral of a loved one is intrinsically linked to the right to practice religion under Article 25 of the Constitution and the inherent dignity of a human being.

"A deceased person is entitled to a dignified cremation or burial. It is pious obligation on the part of the close relatives to perform certain rituals," the court observed. "A blanket denial that precludes under trail prisoners alone from being granted an opportunity to mourn their loved ones would be construed as dehumanizing."

The court emphasized that under-trial prisoners, who are presumed innocent until proven guilty, stand on a higher footing than convicts. Depriving them of a right available to convicts is a clear case of discrimination and an infringement of their basic constitutional rights.

"The emotional wound caused due to such deprivation remains as a lifetime grievance," the bench noted, criticizing the "great hardship" caused by cumbersome judicial procedures, especially for the economically disadvantaged.

A Landmark Directive to Reform the System

Observing the government's inaction despite previous judicial pronouncements, the court suo-motu impleaded top state officials, including the Principal Secretary (Home) and the Director General of Prisons, to issue binding directions.

The court delivered a three-pronged order:

1. Immediate Relief: Granted immediate permission to the detenu, Mr. Barakathullah , to attend his mother's funeral under police escort.

2. General Mandate: Directed the Principal Secretary (Home) and the Director General of Prisons to henceforth grant temporary leave to all under-trial prisoners across Tamil Nadu to attend the funerals of close relatives (as defined in the 1982 Rules).

3. Implementation: Ordered the government to issue necessary circulars empowering the Director General, Inspector General, or Superintendent of Prisons to grant such permissions directly, thereby ending the practice of forcing prisoners to approach the courts.

This judgment marks a pivotal reform in prison administration in Tamil Nadu, affirming that compassion and fundamental rights are not forfeited at the prison gates. It streamlines a humane process, ensuring that under-trial prisoners can grieve their loved ones with dignity without facing procedural ordeals.