States asked to fast-track release of elderly prisoners

NEW DELHI, JUL 16 (PTI): Supreme Court on Thursday directed all states and Union territories to formulate and notify, within three months, a policy for early or premature release of prisoners who are of advanced age or terminally ill.
A bench of Justices Vikram Nath and Sandeep Mehta said the policy must clearly define eligibility criteria, the procedure for considering release applications and provide a uniform definition of “terminal illness”. The directions were issued on a plea by the National Legal Services Authority (NALSA), which raised concerns over the continued incarceration of elderly and critically ill convicts.
The court said states and UTs may adopt, with suitable modifications, the definition of terminal illness provided in the UNODC Handbook on Prisoners with Special Needs (2009), which refers to a condition where there is no reasonable medical possibility of recovery and the illness is expected to result in death.
The bench directed authorities to constitute independent medical boards at divisional and state levels to assess and certify terminal illness or advanced medical vulnerability. It also called for a time-bound and accessible process for applications, warning that delays should not result in prisoners spending their final months or years in custody. The court observed that prisons are not places where constitutional protections are suspended, and that dignity, fairness and humane treatment remain applicable behind prison walls. It said punishment must be guided by proportionality, humanity and the possibility of reform.
While noting that courts cannot take over the role of lawmakers, the bench said constitutional restraint cannot mean ignoring situations where government inaction leads to continuing violations of fundamental rights. The court noted that according to the Prison Statistics India Report, 2022, India had 1,33,415 convicted prisoners as of December 31, 2022, with 27,690, or around 20.8 per cent, aged 50 years and above.
The Centre was asked to provide necessary support to states and UTs and file compliance reports within six months, including details of prisoners identified, released and under consideration. The matter will be heard next on January 17.