SC gives states 3 months to frame early release policy for elderly and terminally ill prisoners

New Delhi: The Supreme Court on Thursday directed all states and Union Territories to formulate and notify a comprehensive policy within three months for the early or premature release of prisoners who are aged above 70 years or are terminally ill.

A Bench of Justices Vikram Nath and Sandeep Mehta issued the directions while deciding a plea filed by the National Legal Services Authority (NALSA), which highlighted the continued incarceration of elderly and terminally ill convicts despite their heightened vulnerability.

The court said the policy must clearly define eligibility criteria and lay down a transparent procedural framework for considering applications for compassionate or premature release. It also directed states and Union Territories to adopt a clear and uniform definition of "terminal illness", suggesting they may use the definition provided in the UNODC Handbook on Prisoners with Special Needs (2009) with suitable modifications.

The judgment said the policy should be framed in consultation with the respective State Legal Services Authorities to ensure proper identification of eligible prisoners and effective implementation.

The apex court also directed the constitution of independent medical boards at divisional and state levels to objectively assess and certify cases involving terminal illness or advanced medical vulnerability.

It further said the policy should establish a time-bound process for receiving, examining and deciding applications for early release, observing that procedural delays should not force prisoners to spend their final months or years behind bars.

"Punishment must remain anchored in proportionality, humanity and the possibility of reform. Incarceration cannot be allowed to degenerate into institutional neglect that is incompatible with the values of a constitutional democracy," the Bench observed.

The court clarified that while it could not legislate or intrude into areas reserved for the executive and legislature, it was duty-bound to intervene where executive inaction resulted in systemic violations of fundamental rights.

"Constitutional restraint cannot be equated with constitutional abdication," the Bench said, adding that courts must ensure that the guarantees under Article 21 of the Constitution do not remain merely theoretical.

The judgment emphasised that constitutional protections continue to apply inside prisons.

"Prisons are not spaces where constitutional values are suspended. The guarantees of dignity, fairness and humane treatment continue to operate with full force even behind prison walls," the court observed.

Referring to the Prison Statistics India Report 2022 published by the National Crime Records Bureau (NCRB), the Bench noted that India had 1,33,415 convicted prisoners as of December 31, 2022. Of these, 27,690 convicts—around 20.8 per cent—were aged 50 years and above.

The Supreme Court also directed the Centre to extend all necessary assistance to states and Union Territories in implementing the policy.

The Union government, states and Union Territories have been asked to file compliance affidavits within six months, detailing the status of policy formulation, implementation, and the number of prisoners identified, released and under consideration for early release.

The matter has been posted for further hearing on January 17.