The National Legal Services Authority (NALSA) has taken a significant step by petitioning the Supreme Court to intervene in the release of elderly and terminally ill prisoners across India. This plea underscores the harsh realities faced by these vulnerable groups within the prison system and seeks to align their release with both constitutional mandates and international human rights standards.
In a detailed press note, NALSA highlighted the concerning increase in the number of aged and infirm prisoners who are languishing in jails under conditions that often lack sufficient medical care and fail to provide dignified living standards. The authority emphasized that the prolonged incarceration of these individuals contravenes their fundamental rights as outlined in Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Indian Constitution, as well as international human rights principles endorsed by the United Nations.
The campaign spearheaded by NALSA, initiated under the leadership of its Executive Chairman, Justice B R Gavai, was launched on December 10, 2024, coinciding with Human Rights Day. The campaign’s primary goals are to identify and facilitate the compassionate release of elderly and terminally-ill prisoners through legal aid and judicial oversight.
The petition specifically requests the Supreme Court’s guidance to allow the release of prisoners identified by NALSA’s special campaign, contingent upon approval from the respective trial courts. This legal move is informed by alarming statistics from the “Prison Statistics India 2022” report, which reveals that 20.8% of convicts (27,690) and 10.4% of undertrials (44,955) are individuals aged 50 years and above, highlighting the urgent need for reform.
