- (1.) A delicate issue requiring a very circumspective approach is mooted before us : whether prisoners who are required to do labour as part of their punishment, should necessarily be paid wages for such work at the rates prescribed under the minimum wages law. We have before us appeals filed by some State Governments challenging the judgments rendered by the respective High Courts which in principle upheld the contention that denial of wages at such rates would fringe on infringement of the constitutional protection against exaction of forced labour.
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(3.) Shri Rajeev Dhavan, Senior Counsel put before the Court the view-points of the National Human Rights Commission (NHRC) which favours the principle that prisoners should be paid wages at the rates prescribed under the minimum wages law. On the request of this Court, Shri Kapil Sibal, Senior Counsel addressed arguments as amicus curiae. During the course of hearing, we felt the need to hear the Attorney General for India on this important question. Shri Soli J. Sorabjee, Attorney General, in response to our request addressed arguments substantially in tune with the approach made by the other two Senior Counsels. We are is grateful to all the learned Counsels who assisted us with their valuable contributions.;