The Supreme Court on Friday underscored the need for uniform prison rules across states regarding the release of terminally ill and elderly prisoners, highlighting gaps in the current system and the potential for misuse without proper safeguards.
A bench of Justices Vikram Nath and Sandeep Mehta reserved its verdict on a plea filed by the National Legal Services Authority (NALSA), which seeks the release of prisoners either terminally ill or above 70 years of age. The petition emphasized the inability of such inmates to approach higher courts for relief due to health and age-related constraints, particularly in the face of India’s overcrowded prison system.
While the Centre informed the bench that it had framed a standard operating procedure (SoP) advising states and union territories to take appropriate measures for managing such inmatesโincluding exploring options for general amnestyโthe Court noted that prison rules remain state-specific.
“Ultimately, the prison rules are applicable individually to the states. All states have to come out with common prison rules, wherein consideration for release of the terminally ill must be included,” the bench observed.
The Court also expressed concern over potential misuse of the system. โIdentification is different, but certification is where the catch is. There is a huge possibility of misuse,โ the bench said, cautioning against abuse of medical certification to secure early release.
Responding to the concern, Additional Solicitor General Aishwarya Bhati, appearing for both the Centre and the Delhi government, clarified that the SoP recommends formation of medical boards to assess terminally ill inmates. She cited a case of a prisoner suffering from asthma since 1985 as an example of ongoing health-related incarcerations.
The bench also referred to extreme instancesโsuch as a 94-year-old prisoner in Kerala and a 104-year-old convict in Jaipur Central Jail involved in a bomb blast caseโunderscoring the urgent need for humane reforms.
Uttar Pradesh, through its counsel, said its 2018 policy already provided for medical boards to consider terminally ill inmates for release.
NALSA, in its plea, stressed that many elderly inmates whose convictions had been upheld by High Courts were unable to approach the Supreme Court for bail or sentence suspension due to health and legal resource constraints. It urged the top court to issue binding directions for the release of such inmates, noting the countryโs prison occupancy rate was at 131% as of December 31, 2022โseriously undermining both medical care and basic human dignity behind bars.
The Court had earlier, on May 5, sought responses from the Centre and 18 states including Bihar, Uttar Pradesh, Kerala, Maharashtra, Rajasthan, West Bengal, and Odisha.
