SC asks states to frame early release policy for elderly, terminally ill prisoners

The bench directed that the policy be framed in consultation with the respective State Legal Services Authorities to ensure institutional coordination and facilitate the identification of eligible prisoners.

In Short

• Policy must define terminal illness uniformly for all jurisdictions and prisons
• States will consult legal services bodies to identify eligible inmates efficiently
• Centre to provide support and states to file compliance affidavits within 6 months

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, saying the framework must clearly define eligibility criteria and the process for considering such cases.

Hearing a petition filed by the National Legal Services Authority (NALSA), a bench of Justices Vikram Nath and Sandeep Mehta also ordered that the policy include a clear and uniform definition of "terminal illness". The plea had sought the release on bail of prisoners above the age of 70 and those suffering from terminal illnesses.

Pronouncing the verdict, Justice Mehta said, "All states and Union territories shall, within a period of three months from the date of this judgment, formulate and notify a comprehensive policy for early or premature release of prisoners who are of advanced age and/or are terminally ill."

The bench directed that the policy be framed in consultation with the respective State Legal Services Authorities to ensure institutional coordination and facilitate the identification of eligible prisoners.

The court further said the policy must provide a time-bound, transparent and accessible mechanism for the submission, examination and disposal of applications seeking early or compassionate release.

It also asked the Centre to extend technical support, digital infrastructure and capacity-building assistance to states and Union territories to enable effective implementation of the directions.

The Centre, along with all states and Union territories, has been directed to file compliance affidavits within six months detailing the steps taken to implement the judgment. The detailed order is awaited.

The top court had, in May last year, agreed to examine NALSA's plea and sought responses from the Centre and other stakeholders.

The petition argued that prisoners aged above 70 years and those suffering from terminal illnesses require specialised medical care and individual attention, which prison authorities often struggle to provide due to overcrowding.

Citing official data, NALSA submitted that India's prison occupancy rate stood at 131 per cent as of December 31, 2022, placing immense pressure on prison infrastructure and adversely affecting healthcare services and dignified living conditions for inmates.

With the ruling, the Supreme Court has now made it mandatory for all states and Union territories to establish a uniform policy for considering the early or compassionate release of elderly and terminally ill prisoners.

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