Kerala Prisoner Stopped From Publishing Novel Written While Incarcerated

Mangaluru: The prison system operates on arbitrary rules. While state governments may establish their own prison regulations, it is ultimately the prison officials who control daily life on the inside. Viyyur Central Prison in Kerala has imposed one such arbitrary restriction, disallowing activist and writer Roopesh Kumar, incarcerated for over a decade, from publishing a novel he wrote during his imprisonment. Charged under the stringent Unlawful Activities (Prevention) Act, Roopesh has been in jail for more than ten years.

While imprisoned, he wrote his second novel, Bandhitarude Ormakurippukal in Malayalam, translated as The Memoirs of a Captive in English. Convicted in one case with a ten-year sentence and facing over two dozen pending cases, Roopesh hoped to publish his novel from prison, as many others across different prisons nationwide have done. His first book was published in 2013.

Despite Supreme Court rulings supporting prison literature and a long tradition of such works produced from jails across India, Viyyur Central Prison authorities have blocked the publication of Roopesh’s writings. After completing the book and identifying a publishing house, Roopesh submitted a written request to prison officials, seeking permission to hand over the manuscript for publication. His request went unanswered.

Roopesh Kumar's first book. Photo: Special arrangement

Later, Roopesh was verbally informed that the book could not be published because it contains “sensitive details of his prison experience and commentary on the UAPA”. While the book does take a critical stance on the draconian UAPA law and details the author’s jail time in Kerala, it is not the first work to delve into prison life in such detail.

Shyna P.A., Roopesh’s wife and lawyer, says that given the long history of such literature in Kerala and across the country, the couple did not expect such high-handedness from prison officials. It is common for one’s writing to reflect the social environment in which one lives, Shyna explains. However, as the prison officials refused to relent, the couple began campaigning for a prisoner’s right to write while in custody.

Earlier this month, Shyna, along with activists and writers from Kerala, met chief minister Pinarayi Vijayan. Shyna reports that the chief minister promised a positive response soon. “His assurance gave us hope, and we waited for government action, but nothing has materialised,” she says.

This is not an isolated case of incarcerated persons in Kerala complaining of human rights violations. Earlier this month, Allan Shuaib, a law student from the state, wrote a detailed piece on how the rights of those incarcerated in Kerala are regularly trampled. “Despite its much-celebrated prison system, prisoners in the state have to go to court even for basic needs,” he writes. From phone calls to a prisoner’s desire to study while in custody, everything is restricted by prison officials in Kerala, Shuaib’s report shows.

While in jail, Shyna says that Roopesh made use of his time by engaging in both studies and writing. During his decade-long incarceration, Roopesh pursued a master’s degree in history and is currently studying for another master’s degree in philosophy. He also completed courses in computer hardware, mobile repairing and baking. Additionally, Roopesh wrote numerous stories, essays and poems during his imprisonment, Shyna says. Shyna herself has faced incarceration in the past.

Roopesh Kumar and Shyna P.A. Photo: Special arrangement

Shyna emphasises the importance of prison writings. “It is not just a need for the incarcerated person, but also essential literature that helps us understand prison conditions and their effects. It can contribute to the prison reform movement in India,” she says.

In several judgments, the Supreme Court has upheld an incarcerated person’s right to write while in custody. Way back in 1966, in the case of State of Maharashtra vs Prabhakar Pandurang, the apex court ruled that the ‘Right to Life’ mentioned in Article 21 of the Constitution should be extended to prisoners, along with other fundamental rights guaranteed by the Constitution. Pandurang was prevented from handing over a book he had written during his time in jail to his wife. The court deemed the prison officials’ approach of stopping the book’s publication illegal.

From time to time, the Supreme Court has reiterated that the Right to Life of an incarcerated person includes their rights to read, write and engage in various forms of self-expression. Such observations have also been made in cases involving those incarcerated for their political beliefs.

Writing while in jail is never easy. Besides the inhumane living conditions, access to writing materials is also a challenge. In most cases, incarcerated individuals must approach the court to obtain permission to access pens, notebooks and even books to read. Even when permission is granted, prison officials are notorious for creating additional hurdles. When Abdul Wahid Shaikh, who was wrongly arrested and jailed for over nine years in the July 11, 2006 Mumbai train blast case, began writing about his life while still in jail, the first manuscript of his book was destroyed. He had to rewrite several hundred pages he had painstakingly written. Shaikh’s book, Begunah Qaidi (Innocent Prisoner), was later published after his release from jail.

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