SC directs states to frame policy for early release of aged, terminally ill prisoners

New Delhi: The Supreme Court on Thursday directed all the states and Union territories to formulate a policy within three months for early or premature release of prisoners who are of advanced age or are terminally ill.

A bench of Justices Vikram Nath and Sandeep Mehta said the policy should clearly define the eligibility criteria and procedural framework for consideration of release and in particular, it should provide a clear and uniform definition of "terminal illness".

The bench delivered its verdict on a plea filed by the National Legal Services Authority (NALSA) seeking to release on bail a group of prisoners who are terminally ill or are above 70 years of age.


"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," Justice Mehta said while pronouncing the verdict.

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The bench said the policy should be framed in consultation with the respective State Legal Services Authorities so as to ensure institutional coordination and effective identification of eligible prisoners.

It said the policy should prescribe a time-bound, transparent and accessible procedure for submission, examination and disposal of applications seeking early or compassionate release.

The bench asked the Centre to provide necessary technical support, digital infrastructure and capacity-building assistance to the states and Union territories to facilitate effective compliance with the court's directions.

The top court directed the Centre, states and Union territories to file compliance affidavits before it within six months, indicating the status of compliance.

The detailed judgement is awaited.

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In May last year, the apex court agreed to hear NALSA's plea and sought responses from the Centre and others.

The plea urged the top court to issue directions to facilitate the release of prisoners aged above 70 years and those suffering from terminal illnesses.

It said terminally ill prisoners and those of advanced age required specialised care and individual attention and it may not be possible for the prison authorities to provide, considering the extent of overcrowding in jails.

NALSA had said as of December 31, 2022, India's prison occupancy rate stood at 131 per cent, severely straining infrastructure and impacting the quality of medical care and dignified living conditions within jails.