SC Orders Uniform Early Release Policy for Elderly, Terminally Ill Prisoners

The Supreme Court has directed all States and Union Territories (UTs) to formulate and notify a comprehensive policy within three months for the early or premature release of prisoners who are 70 years or older or are terminally ill , in a landmark ruling aimed at strengthening prison reforms and upholding the constitutional right to life with dignity .

A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued the directions while disposing of a petition filed by the National Legal Services Authority (NALSA) , which highlighted the lack of a uniform compassionate release framework and the continued incarceration of vulnerable prisoners despite severe illness or advanced age. The Court observed that existing remission and premature release policies vary widely across states, leading to inconsistent treatment of similarly placed inmates.

The Bench directed States and UTs to frame the policy in consultation with their respective State Legal Services Authorities , clearly defining eligibility criteria, application procedures and a uniform definition of "terminal illness." It suggested adopting the definition from the UN Office on Drugs and Crime (UNODC) Handbook on Prisoners with Special Needs (2009) , which describes terminal illness as a condition with no reasonable medical possibility of recovery and an inevitable progression towards death .

The policy must provide for independent Medical Boards at divisional and state levels to objectively assess prisoners' medical conditions and ensure a time-bound process for deciding applications. The Court also directed integration of the process with the e-Prisons portal to digitally track applications, medical reports and decisions, improving transparency and accountability.

Emphasising Article 21 of the Constitution , the Bench said prisons are not spaces where constitutional values are suspended and that punishment must remain rooted in humanity, proportionality and the possibility of reform . While acknowledging the doctrine of separation of powers , it held that courts are duty-bound to intervene when executive inaction results in violations of fundamental rights.

The Court clarified that the ruling concerns premature release , which permanently frees an eligible convict before completion of the sentence, unlike parole , furlough or remission .

According to NCRB's Prison Statistics India Report 2022 , India had 1,33,415 convicted prisoners , including 27,690 inmates aged 50 years and above , while the overall prison population exceeded 5.7 lakh , with an occupancy rate of around 131% . The Court also noted that NALSA had identified 5,393 vulnerable prisoners during a nationwide exercise, underscoring the need for a structured compassionate release mechanism.

The Central Government has been directed to assist States in implementing the policy, while the Centre, States and UTs must submit compliance affidavits within six months detailing policy implementation, eligible prisoners identified and those released. The matter will next be taken up by the Supreme Court on January 17 .