The Supreme Court on Thursday directed all States and Union Territories to formulate and notify, within three months, a comprehensive policy for the early, premature or compassionate release of prisoners who are of advanced age or are terminally ill, holding that such inmates are entitled to a humane, transparent and time-bound mechanism for consideration of their release. The Court also directed that the entire process be integrated with the e-Prisons portal to ensure transparency, accountability and expeditious disposal of applications.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta issued the directions while deciding a petition filed by the National Legal Services Authority (NALSA), which sought nationwide guidelines for the compassionate release of terminally ill, sick, infirm and elderly prisoners, particularly those above the age of 70.
The petition also highlighted the need for a uniform legal framework to enable deserving prisoners to spend their final days with their families while addressing chronic prison overcrowding and ensuring humane treatment consistent with constitutional guarantees.
Exercising its powers under Articles 32 and 142 of the Constitution, the Court directed every State and Union Territory to frame the policy in consultation with the respective State Legal Services Authorities (SLSAs) to ensure institutional coordination and effective identification of eligible prisoners.
It held that the policy must clearly prescribe eligibility criteria, the procedural framework for considering applications and a uniform definition of “terminal illness”. For this purpose, the Court permitted the States and UTs to adopt, with suitable modifications where necessary, the definition contained in the UNODC Handbook on Prisoners with Special Needs, 2009, which described a terminal illness as a medical condition with no reasonable possibility of recovery and one that is expected to progressively deteriorate and ultimately result in death.
The Court directed that every policy must mandate the constitution of independent medical boards at the divisional and State levels comprising qualified medical experts to objectively assess, certify and periodically review cases involving terminal illness or advanced medical vulnerability. It further directed that the policy should prescribe a time-bound, transparent and accessible procedure for submission, examination and disposal of applications seeking remission, premature release or compassionate release. Stressing that procedural delays should not compel prisoners to spend their final months or years behind bars, the Bench held that every decision must be supported by reasons and remain subject to judicial review.
The Court also directed that the policy be integrated with the functioning of the Undertrial Review Committees (UTRCs), which will be required to periodically review the cases of prisoners who are terminally ill, of advanced age or suffering from physical incapacitation and recommend appropriate legal remedies, including bail, parole, remission or premature release. The States and Union Territories were permitted to adopt or suitably modify the model framework prepared by NALSA, provided its core principles of human dignity, proportionality and humane treatment are preserved.
To ensure continuity of care after release, the Court directed that the policy should provide for coordination with community health services, social welfare departments and legal aid institutions so that released prisoners continue to receive medical treatment, rehabilitation and social support.
In a significant direction aimed at improving implementation, the Bench ordered that the entire process for considering applications for early or compassionate release be digitally integrated with the e-Prisons portal. The portal will record every stage of the process, including submission of the application, medical evaluation, reports submitted by prison authorities, recommendations of the medical boards and Undertrial Review Committees, decisions of the competent authority and the reasons supporting those decisions. The Court directed that the portal should generate automated alerts, monitor prescribed timelines, produce periodic compliance reports and facilitate supervisory oversight by the State Governments, State Legal Services Authorities and other competent authorities while ensuring strict confidentiality of prisoners’ medical and personal information.
The Union Government, through the Ministry of Law and Justice, the Ministry of Home Affairs and the National Informatics Centre (NIC) under the Ministry of Electronics and Information Technology (MeitY), was directed to provide all necessary technical support, software development, digital infrastructure, maintenance and capacity-building assistance to the States and Union Territories for effective implementation of the directions. The Court further directed the NIC to suitably configure and upgrade the e-Prisons portal to enable seamless digital processing, monitoring and tracking of all applications.
The Bench also directed the Union Government, all States and Union Territories to file comprehensive compliance affidavits within six months detailing the status of formulation and implementation of the policy, along with data regarding the number of eligible prisoners identified, applications considered, prisoners released and cases pending. The matter has been listed for further hearing on January 19, 2027, to monitor compliance with the directions.
The judgment was delivered on a petition filed by NALSA following nationwide prison inspections, which revealed the absence of a uniform policy for dealing with elderly and terminally ill prisoners. NALSA informed the Court that a nationwide survey had identified 456 prisoners, including undertrials, who were either terminally ill or above the age of 70. Among convicted prisoners, the survey identified 13 terminally ill inmates and 84 elderly convicts. The petition also referred to instances where legal services authorities had approached constitutional courts to secure relief for vulnerable prisoners, including a 93-year-old woman convict in Karnataka and a terminally ill undertrial who was granted bail by the Calcutta High Court.
The petition contended that allowing eligible prisoners to spend their final days with their families advances both humanitarian and constitutional objectives, while also helping reduce prison overcrowding. It highlighted that Indian prisons had an occupancy rate of approximately 131 per cent as of December 31, 2022, and submitted that prison authorities are often ill-equipped to provide the specialised and continuous medical care required by terminally ill and elderly inmates. Accepting these concerns, the Supreme Court held that a uniform, humane and technology-enabled framework is necessary to protect the dignity, health and constitutional rights of vulnerable prisoners across the country.
The post Supreme Court directs States, UTs to frame uniform policy for early release of elderly and terminally ill prisoners appeared first on India Legal.