The Supreme Court has directed all States and UTs to formulate a comprehensive policy within three months for the early release of elderly and terminally ill prisoners, ensuring a uniform, transparent, and time-bound mechanism across the country.
The Supreme Court on Thursday directed all States and Union Territories to formulate and implement a comprehensive policy for the early or premature release of prisoners who are of advanced age or are terminally ill. The Court ordered that the policy be framed and notified within three months to ensure a uniform mechanism for considering such cases across the country. A bench of Justices Vikram Nath and Sandeep Mehta issued the directions by invoking its extraordinary powers under Article 142 of the Constitution while deciding a public interest litigation plea seeking a humane and uniform framework for the release of elderly and seriously ill prisoners.
Key Policy Requirements
"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 or are terminally ill", the Court noted. The Court said the policy must lay down a clear and uniform definition of "medical illness" for the purpose of premature release, observing that authorities may refer to the United Nations Office on Drugs and Crime (UNODC) Handbook on Prisoners with Special Needs (2009). It also directed that review boards assessing such cases should include qualified medical professionals, applications should be decided through time-bound procedures, and eligible prisoners should not remain incarcerated due to administrative delays.
Support and Rehabilitation
State Legal Services Authorities have been directed to identify and assist eligible prisoners, while governments must ensure coordination between prison authorities, healthcare providers and social welfare departments to facilitate rehabilitation after release.
Transparency Through e-Prisons Portal
To ensure transparency and accountability, the Court directed that the entire process of considering applications for early or premature release be integrated with the e-Prisons portal. The portal must digitally track every stage of the process, including the filing of applications, medical assessments, reports of prison authorities, recommendations of the Medical Board and the Undertrial Review Committee, the final decision of the competent authority, and the reasons recorded for such decisions.
Compliance and Next Steps
The Central government, along with all States and Union Territories, has been directed to file compliance affidavits within six months detailing the formulation and implementation of the policy. The matter will next be listed on January 19, 2027. (ANI)
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