New Delhi: The Supreme Court orders States to create policy for early release of elderly prisoners in a major step aimed at improving prison reforms and protecting the rights of vulnerable inmates. The Court has directed all States and Union Territories to frame and notify a uniform policy within three months for the early or premature release of elderly and terminally ill prisoners. The decision also introduces a technology-based system to make the process transparent, faster, and more accountable.
Early Release of Elderly and Terminally Ill Prisoners: Why Did the Supreme Court Issue This Order
The order was passed by a Bench of Justice Vikram Nath and Justice Sandeep Mehta while hearing a Public Interest Litigation (PIL) filed by the National Legal Services Authority (NALSA).
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NALSA requested the Court to introduce a uniform system across India for the compassionate release of elderly, sick, infirm, and terminally ill prisoners, especially those above 70 years of age.
What Was the Concern
The petition highlighted that the number of elderly and seriously ill prisoners has been increasing. Many inmates continue to remain in jail despite severe health problems and limited access to proper medical treatment.
According to the petition, this situation may violate the fundamental rights guaranteed under Articles 14 and 21 of the Constitution, which protect equality before law and the right to life and personal liberty.
Early Release of Elderly and Terminally Ill Prisoners: Supreme Court Directives
The Supreme Court has ordered every State and Union Territory to:
- Frame and notify a policy for early or premature release within three months.
- Ensure the policy covers elderly and terminally ill prisoners.
- Follow a transparent and time-bound process for deciding such cases.
- Adopt a common digital system for processing all applications.
e-Prisons Portal to Handle all Applications
The Court directed that all applications for compassionate or premature release must be processed through the e-Prisons portal. The portal will digitally record every stage of the process, including:
- Filing of the application.
- Medical examination.
- Reports from prison authorities.
- Recommendations of the Medical Board.
- Review by the Undertrial Review Committee.
- Final decision and reasons for approval or rejection.
Technology to Improve Transparency
The Court also asked that the portal should:
- Generate alerts for pending cases.
- Monitor deadlines.
- Prepare compliance reports.
- Help State Governments and Legal Services Authorities monitor implementation.
- Protect prisoners’ personal and medical information.
Centre and NIC Asked to Provide Support
To ensure smooth implementation, the Supreme Court directed the Union Government, through the Ministries of Law & Justice and Home Affairs, along with the National Informatics Centre (NIC), to provide:
- Technical assistance.
- Digital infrastructure.
- Software support.
- Training for States and Union Territories.
The NIC has also been asked to upgrade and maintain the e-Prisons portal across the country.
States must Submit Compliance Reports
The Court instructed the Union Government and all States and Union Territories to submit compliance affidavits within six months. These reports must explain:
- Steps taken to implement the Court’s directions.
- Status of the new release policy.
- Number of prisoners identified for release.
- Cases currently under consideration.
The matter will be heard again on January 19, 2027, to review compliance.
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