Supreme Court asks States, UTs to formulate policy for early release of elderly, terminally ill prisoners
New Delhi, July 16
The Supreme Court on Thursday directed all States and Union Territories to formulate and implement a comprehensive policy for the early or premature release of prisoners who are of advanced age or are terminally ill. The Court ordered that the policy be framed and notified within three months to ensure a uniform mechanism for considering such cases across the country.
A bench of Justices Vikram Nath and Sandeep Mehta issued the directions by invoking its extraordinary powers under Article 142 of the Constitution while deciding a public interest litigation plea seeking a humane and uniform framework for the release of elderly and seriously ill prisoners.
"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 or are terminally ill", the Court noted.
The Court said the policy must lay down a clear and uniform definition of "medical illness" for the purpose of premature release, observing that authorities may refer to the United Nations Office on Drugs and Crime (UNODC) Handbook on Prisoners with Special Needs (2009). It also directed that review boards assessing such cases should include qualified medical professionals, applications should be decided through time-bound procedures, and eligible prisoners should not remain incarcerated due to administrative delays.
State Legal Services Authorities have been directed to identify and assist eligible prisoners, while governments must ensure coordination between prison authorities, healthcare providers and social welfare departments to facilitate rehabilitation after release.
To ensure transparency and accountability, the Court directed that the entire process of considering applications for early or premature release be integrated with the e-Prisons portal. The portal must digitally track every stage of the process, including the filing of applications, medical assessments, reports of prison authorities, recommendations of the Medical Board and the Undertrial Review Committee, the final decision of the competent authority, and the reasons recorded for such decisions.
The Central government, along with all States and Union Territories, has been directed to file compliance affidavits within six months detailing the formulation and implementation of the policy. The matter will next be listed on January 19, 2027.
— ANI
Reader Comments
This is a progressive step, but I'm curious about the definition of "terminal illness." In the US, we have compassionate release programs but they're rarely used due to strict criteria. Hope India's policy is more practical and not just another paperwork exercise. The e-Prisons portal integration sounds promising though.
My cousin is a prison doctor in Maharashtra, and he says many elderly inmates have no family left to take care of them. Releasing them without proper rehabilitation plan is just shifting the problem from prison to streets. SC has rightly asked states to ensure coordination between healthcare and social welfare departments. Let's see if states implement it sincerely.
Good intent but typical SC order - three months to frame policy, six months for compliance, and next hearing in 2027! Meanwhile, elderly prisoners will continue to suffer. Our courts need to fast-track such matters. Also, hope states don't misuse this to release hardened criminals who are just old but still dangerous. Need proper risk assessment.
As someone who works with an NGO that provides legal aid to prisoners, I can tell you this is long overdue. We have cases where prisoners in their 70s are still awaiting trial for minor offenses. The UNODC handbook reference is a good touch - shows international best practices. States should also consider mental health of long-term elderly prisoners.
Impressed by India's judicial system taking a compassionate approach. In many Western countries, we still struggle with overcrowded prisons and elderly inmates. The e-Prisons portal integration for transparency is particularly innovative. Would love to see similar digital tracking in our systems back home.