Supreme Court Directs States, UTs To Frame Policy For Early Release Of Elderly, Terminally Ill Prisoners Within 3 Months

The Bench of Justice Vikram Nath and Justice Sandeep Mehta issued the directions while hearing a Public Interest Litigation filed by the National Legal Services Authority (NALSA) seeking uniform nationwide guidelines for the compassionate release of terminally ill, sick, infirm and elderly prisoners, particularly those above the age of 70.

The Court directed that the policy be framed in consultation with the respective State Legal Services Authorities (SLSAs) to ensure effective identification of eligible prisoners and institutional coordination.

"The said policy shall clearly define the eligibility criteria and procedural framework for consideration of release," the Bench ordered.

To ensure objective medical assessment, the Court ordered the constitution of independent Medical Boards at divisional and State levels for certifying terminal illness or advanced medical vulnerability.

The Bench also directed that every State policy should prescribe a time-bound, transparent and accessible procedure for filing, examining and deciding applications for compassionate or premature release.

Emphasising the need for urgency, the Court observed that procedural delays resulting in prisoners spending their final months or years behind bars must be avoided. It directed that all decisions be reasoned and remain subject to judicial review.

In a significant direction, the Court ordered that the policy be integrated with the functioning of Undertrial Review Committees (UTRCs), which shall periodically review cases involving terminally ill, elderly or physically incapacitated prisoners and recommend appropriate legal action, including bail, parole or remission.

The Bench further observed that States and Union Territories may adopt the framework proposed by NALSA or suitably modify it to meet local administrative and legal requirements.

The Court also directed States to ensure coordination with community health services, social welfare departments and legal aid institutions so that prisoners released on compassionate grounds continue to receive medical care and rehabilitation support.

Mandatory integration with e-Prisons portal

The Supreme Court further directed that the entire process of considering applications for early or premature release be digitised through the e-Prisons portal.

According to the Court, the portal must record every stage of the process, including submission of applications, medical evaluations, prison authorities' reports, recommendations of Medical Boards and UTRCs, decisions of competent authorities and the reasons recorded for such decisions.

The Bench said the portal should generate automated alerts, monitor timelines, produce periodic compliance reports and enable supervisory oversight by State Governments, State Legal Services Authorities and other competent authorities, while ensuring confidentiality of prisoners' medical and personal information.

To facilitate implementation, the Court directed the Ministry of Law and Justice, Ministry of Home Affairs, and the National Informatics Centre (NIC) to provide necessary technical support, software infrastructure and digital assistance to all States and Union Territories.

The matter has been listed on January 19, 2027, when the Supreme Court will examine compliance with its directions.