SC Orders Policy on Early Release of Elderly Prisoners
The Supreme Court on Thursday directed all states and Union territories to formulate a policy within three months on early or early release of elderly or terminally ill prisoners. A bench comprising Justices Vikram Nath and Sandeep Mehta said the policy should clearly define the eligibility criteria and procedural framework for consideration of discharge and, in particular, provide a clear and uniform definition of “terminal disease”.
The bench gave its verdict on a plea filed by the National Legal Services Authority (NALSA) seeking bail for a group of prisoners who are terminally ill or over 70 years of age.
“All states and Union territories shall formulate and notify within a period of three months from the date of this order a comprehensive policy for early or premature release of elderly and/or terminally ill prisoners,” Justice Mehta said while announcing the order. he said.
The Board said the policy should be formulated in consultation with relevant State Legal Services Authorities to ensure institutional coordination and effective identification of eligible inmates.
He said the policy should set out a time-bound, transparent and accessible procedure for submission, review and disposal of applications seeking early or compassionate release.
The bench asked the Center to provide necessary technical support, digital infrastructure and capacity building assistance to states and Union territories to facilitate effective compliance with the court’s directions.
The apex court directed the Centre, states and Union territories to submit compliance affidavits to it indicating compliance status within six months.
A detailed decision is awaited.
In May last year, the top court agreed to hear NALSA’s plea and sought responses from the Center and others.
The defense appealed to the high court to issue instructions that would facilitate the release of prisoners over 70 years of age and those with terminal illnesses.
He said terminally ill and elderly inmates need special care and individual attention, and given the overcrowding in prisons, it may not be possible for prison authorities to provide this.
NALSA had said that India’s prison occupancy rate was at 131 percent as of December 31, 2022, which seriously strains the infrastructure and affects the quality of medical care and dignified living conditions in prisons.
