Supreme Court Directs States to Frame Policy for Early Release of Elderly and Terminally Ill Prisoners

The Supreme Court on Thursday directed all states and Union Territories to formulate a comprehensive policy within three months for the premature release of prisoners who are of advanced age or suffering from terminal illnesses. A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta said the policy should clearly define the eligibility criteria and procedural framework for considering premature release. The Court also stressed that it must include a clear and uniform definition of the term "terminal illness" to ensure consistency in its implementation. The directions were issued while hearing a petition filed by the National Legal Services Authority (NALSA), which sought the release on bail of prisoners who are either above the age of 70 years or are suffering from serious illnesses. Delivering the order, Justice Mehta stated that every state and Union Territory must prepare and notify a comprehensive policy for the premature release of elderly and terminally ill prisoners within three months from the date of the judgment. The Bench further directed that the policy should be prepared in consultation with the respective State Legal Services Authorities to ensure institutional coordination and effective identification of eligible prisoners. It also said the policy must establish a time-bound, transparent and accessible procedure for submitting, examining and deciding applications seeking premature or compassionate release. The Supreme Court also instructed the Central Government to provide the necessary technical support, digital infrastructure and capacity-building assistance to states and Union Territories for the effective implementation of the Court's directions. In addition, the Court directed the Centre, all states and Union Territories to file compliance affidavits within six months, detailing the steps taken to implement the directions. The detailed judgment is awaited. The matter originates from a petition that the Supreme Court agreed to hear in May last year, when it sought responses from the Centre and other authorities. In its plea, NALSA requested the Court to issue directions facilitating the release of prisoners above 70 years of age and those suffering from terminal illnesses. NALSA had argued that elderly and seriously ill prisoners require specialised medical care and personal attention, which may be difficult to provide in overcrowded prisons. The authority also pointed out that, as of December 31, 2022, India's prison occupancy rate stood at 131 per cent, placing significant pressure on prison infrastructure and affecting the quality of medical care and living conditions available to inmates.