To bid goodbye: Undertrials in Tamil Nadu can now get short leave to mourn death of kin
Activists and legal experts have welcomed the move, calling it a humane reform that acknowledges the emotional toll on undertrials who, under the previous system, were often unable to bid farewell to loved ones due to procedural delays.
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CHENNAI: In a significant policy shift, the Tamil Nadu government has authorised prison authorities to grant temporary leave to remand and undertrial prisoners, who account for over 70% of the around 14,000 inmates in the state, to attend the final rites of their close relatives. Until now, they were required to approach the court to seek permission for temporary leave in such circumstances.
The government has issued this order following a verdict of the Madras High Court in a writ petition and by exercising its executive powers under Article 162 of the Constitution.
Activists and legal experts have welcomed the move, calling it a humane reform that acknowledges the emotional toll on undertrials who, under the previous system, were often unable to bid farewell to loved ones due to procedural delays. This is not the case with convicted prisoners as provision in Tamil Nadu Suspension of Sentence Rules, 1982, permits them to go on emergency leave after obtaining permission from the respective Superintendent of the Prison.
“In many cases, undertrial prisoners are not in a position to secure interim bail and are forced to mourn the death of close family members from behind bars,” said Madurai-based advocate KR Raja.
“If someone in the family of an undertrial prisoner dies during government holidays or weekends, it becomes nearly impossible to avail interim bail. This prevents them from attending the final rites of their close relatives,” said Chennai-based advocate P Pugalenthi.
The order empowers the DGP (Prisons), Inspectors General (Prisons), and Superintendents of Prisons (SPs) to grant temporary permission to undertrial prisoners to attend burials or funerals, without requiring them to obtain interim bail from trial courts or the High Court. “Since the SPs are the immediate officers managing the Central Prisons, they will be directed to issue temporary permission,” said a senior official in the department.
An official from the department stated that the duration of temporary leave will be limited to between 24 and 48 hours, including travel time to and from the place of the funeral. “The SP of the concerned Central Prison should coordinate with the police to arrange for an escort after verifying the application submitted by the prisoner’s family seeking temporary leave,” said the senior official.
However, SPs will be instructed to exercise caution while granting such temporary permission, which is restricted to the final rites of close relatives- father, mother, spouse, children, and siblings - as defined under the TN Suspension of Sentence Rules.
The prisoner will be strictly restricted from interacting with the media or engaging in any activity beyond attending funeral-related rituals. The SP must inform department headquarters about the prisoner’s movement, and a separate register must be maintained in each prison to record all such cases.
However, the reform places authorities in a delicate position, as they must weigh risk factors, including life threats, while granting permission to undertrials involved in murder cases or gang-related offences. “The government should incorporate this provision formally into the existing rules to ensure effective implementation of temporary leave for undertrials,” said another official.
