SC Issues Notice on NALSA PIL for Release of Ailing, Elderly Inmates

The Supreme Court on May 5, 2025, issued notice in a plea filed by the National Legal Services Authority (NALSA), seeking appropriate orders to allow the discharge of terminally ill and aged inmates so they may be looked after by their families and rejoin society.

A Division Bench of Justice Vikram Nath and Justice Sandeep Mehta, while acknowledging the arguments advanced by AOR Rashmi Nandakumar, representing NALSA, issued notices to the Union government and the respective states.

All individuals in custody, whether undertrial or convicted, are entitled to the fundamental right to humane treatment and a dignified existence; These rights are firmly embedded not only in India’s constitutional framework but also in its international obligations – India is a signatory to key global instruments such as UDHR, 1948, and the ICCPR, 1966, both of which unequivocally prohibit cruel, inhuman, and degrading treatment of all persons, including those in detention, the plea emphasised.

The grounds preferred inter-alia stated, “The aspect of pre-mature release or compassionate release has acquired a wide international state practice. Many nations have framed policies which do not allow terminally ill or old age prisoners to remain in incarceration. There is a growing acceptance of such a practice across nations, largely traceable to the Universal Declaration of Human Rights,1948.India being a signatory to such international covenants and also looking at the State's duty inscribed inArt.51(c) of the Constitution to foster respect for international law, this Hon'ble Court should also incorporate a similar practice in India's domestic system.”

The Constitution guarantees not only the fundamental right to life but also the right to live with dignity, which encompasses the right to a healthy existence; The Supreme Court has, on multiple occasions, affirmed that interim bail on medical grounds should not be limited to instances where a prisoner is on the brink of survival, but should also be considered in cases where serious health conditions necessitate urgent medical attention, the plea while citing earlier decisions of the Top Court added.

“The objective of the campaign is to expedite the release of old prisoners and terminally ill prisoners through effective legal aid services. The campaign aims at; a) Identification and release of old prisoners and terminally ill prisoners; b) Ensure humane treatment for old prisoners and terminally ill prisoners who cannot be released; c) Facilitate reintegration of old prisoners and terminally ill prisoners in society after their release, where necessary”, the plea further stated.

Case Title: NALSA v. Union of India & Ors., WP (Crl.) No. 162 of 2025