The Supreme Court of India has directed all states and Union territories to draft and implement comprehensive policies for the premature or early release of elderly and terminally ill prisoners within three months.
A division bench consisting of Justices Vikram Nath and Sandeep Mehta issued the order on Thursday, highlighting the need for structured, uniform guidelines. The court specified that the new policies must clearly outline eligibility standards and establish a standardized, uniform definition of terminal illness.
Additionally, the bench ordered the central government, state governments, and Union territories to submit compliance affidavits detailing their progress within six months.
Procedural Guidelines And Central Support
To ensure seamless coordination and accurate identification of eligible prisoners, the Supreme Court ruled that state and territory administrations must formulate these policies in consultation with their respective State Legal Services Authorities. The court also specified that the application, evaluation, and disposal processes for early or compassionate release must be transparent, easily accessible, and bound by strict timelines.
Furthermore, the bench instructed the central government to assist local administrations by providing the necessary technical support, digital infrastructure, and capacity-building resources to facilitate compliance with the order. While the court has announced its directives, the detailed written judgment is still awaited.
Overcrowded Prisons And Strain On Medical Care
The ruling stems from a petition filed by the National Legal Services Authority (NALSA) seeking the release of inmates who are terminally ill or over the age of 70. The Supreme Court initially agreed to hear NALSA’s plea in May of last year, at which point it sought formal responses from the central government and other parties.
In its petition, NALSA argued that older and critically ill prisoners require specialized attention and individual medical care that prison administrations are often unable to provide due to severe overcrowding. According to data cited by NALSA, India’s prison occupancy rate stood at 131 percent as of December 31, 2022. This high occupancy has heavily strained basic prison infrastructure, directly affecting the quality of healthcare and hindering the ability of facilities to maintain dignified living conditions for inmates.
