SC Directs States, UTs to Frame Policy for Early Release of Elderly, Terminally Ill Prisoners

New Delhi, Jul 16: The Supreme Court on Thursday directed all States and Union Territories to formulate and notify a comprehensive policy within three months for the early or premature release of elderly and terminally ill prisoners, aiming to establish a uniform and humane framework across the country.

A Bench of Justices Vikram Nath and Sandeep Mehta issued the directions while exercising its powers under Article 142 of the Constitution in a public interest litigation seeking a consistent mechanism for considering the release of aged and seriously ill inmates.

The Court said the policy must clearly define “medical illness” for the purpose of premature release and suggested that authorities may refer to the United Nations Office on Drugs and Crime (UNODC) Handbook on Prisoners with Special Needs (2009) while framing the guidelines.

It directed that review boards evaluating such cases should include qualified medical professionals and that applications be processed within a fixed timeline to ensure eligible prisoners are not kept behind bars due to administrative delays.

The apex court also asked State Legal Services Authorities to identify and assist eligible prisoners. It directed governments to ensure coordination among prison authorities, healthcare providers and social welfare departments to facilitate the rehabilitation of released inmates.

To enhance transparency and accountability, the Court ordered that the entire process of considering applications for early or premature release be integrated with the e-Prisons portal. The digital system will track every stage of the process, including applications, medical assessments, recommendations of review bodies, final decisions and the reasons recorded for those decisions.

The Centre and all States and Union Territories have been directed to file compliance affidavits within six months detailing the formulation and implementation of the policy. The matter is scheduled for further hearing on January 19, 2027. (Agencies)