Supreme Court directs states & UTs to form policy for early release of elderly, terminally ill prisoners

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Factual Background: 

According to the Prison Statistics India Report, 2022 published by the National Crime Records Bureau (NCRB), as on 31st December, 2022, there were a total of 1,33,415 convicted prisoners in India. Out of this population, 27,690 convicts, constituting approximately 20.8%, were aged 50 years and above. While the report does not specifically disaggregate data for convicts beyond the age of 70 years, it is evident that a non-trivial proportion of the prison population comprises elderly individuals, many of whom are likely to be afflicted with age-related morbidities and chronic medical conditions.

The NCRB data further reveals that a significant number of custodial deaths are attributable to illnesses, with medical causes emerging as one of the predominant factors leading to mortality within prisons. Aging-related complications also account for a substantial portion of such fatalities.

These figures underscore the heightened vulnerability of elderly and terminally ill prisoners, particularly in an institutional setting that is structurally ill-equipped to provide continuous, specialized and dignified healthcare.

UNODC Handbook on Prisoners with Special Needs (2009), which describes terminal illness as “a condition where there is no reasonable medical possibility that the patient’s condition 3will not continue to degenerate and result in death.”

International Obligations:

India’s international obligations under instruments such as the Universal Declaration of Human Rights, 1948 and the International Covenant on Civil and Political Rights, 1966 reinforce the prohibition against cruel, inhuman or degrading treatment of persons in custody.  

Constitutional Obligations:

The right to life and dignity under Article 21 of the Constitution of India is not placed under cessation upon conviction.

It is this backdrop that, in furtherance of its statutory mandate under the Legal Services Authorities Act, 1987, and with a view to address this systemic gap, NALSA initiated a Special Campaign for Old Prisoners & Terminally Ill Prisoners from 10th December, 2024 to 10th March, 2025. The said campaign represents the first nationwide, structured effort aimed specifically at identifying elderly and terminally ill prisoners and facilitating appropriate legal and administrative interventions. 

Under this initiative, District Units were constituted across States and Union Territories, tasked with visiting prisons, scrutinizing medical records, interacting with inmates, and compiling verified data. A standardized methodology was adopted to ensure uniformity and reliability of identification. 

Important Supreme Court Directions:

  1. All States and Union Territories shall, within a period of three months from the date of this judgment, formulate and notify a comprehensive policy for early or premature release of prisoners who are of advanced age and/or are terminally ill.
  2. The said policy shall clearly define the eligibility criteria and procedural framework for consideration of release. In particular, the policy shall expressly provide a clear and uniform definition of “terminal illness”.  
  3. The policy shall mandate constitution of independent Medical Boards at the Divisional and State levels for objective medical assessment and certification of terminal illness or advanced medical vulnerability.
  4. The policy shall prescribe a time-bound, transparent and accessible procedure for submission, examination and disposal of applications for early or compassionate release. 
  5. The policy shall be integrated with the functioning of Under Trial Review Committees (UTRCs), and such committees shall be mandatorily required to periodically review cases of prisoners who are terminally ill, of advanced age, or suffering from any other condition leading to physical incapacitation, as the case may be, and to recommend appropriate legal action including bail, parole, remission or release. 
  6. The Union of India through the Ministry of Law and Justice, and all the States and Union Territories shall file a compliance affidavits before this Court within six months....

National Legal Services Authority v. Union of India ( Writ Petition (Criminal) No. 162 of 2025 )

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