In a significant step towards making India’s prison system more humane, the Supreme Court on Thursday directed all States and Union Territories to formulate and notify a comprehensive policy within three months for the early or premature release of prisoners who are of advanced age or are terminally ill.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued the directions while hearing a public interest litigation (PIL) filed by the National Legal Services Authority (NALSA), which sought uniform guidelines across the country for the compassionate release of terminally ill, sick, infirm and elderly prisoners, particularly those aged above 70. The Court said the policy must be framed in consultation with the respective State Legal Services Authorities to ensure better coordination and identification of eligible prisoners, Live Law and Bar & Bench reports.
A push for compassion over prolonged incarceration
The Court observed that every State policy must clearly define the eligibility criteria and lay down a transparent procedure for considering applications for compassionate or premature release. It also directed States to adopt a uniform definition of “terminal illness”, suggesting that they may rely on the definition contained in the Handbook on Prisoners with Special Needs published by the United Nations Office on Drugs and Crime (UNODC).
The policy must also require the constitution of independent medical boards at divisional and State levels to objectively assess and certify cases involving terminal illness or serious medical vulnerability. Stressing the need for timely action, the Bench said applications should be processed through a time-bound, transparent and accessible mechanism, adding that prisoners should not spend their final months or years behind bars because of administrative delays. It also directed that all decisions must be reasoned and remain open to judicial review.
Technology to drive accountability
The Supreme Court further directed that the proposed policy be integrated with the functioning of the Undertrial Review Committees (UTRCs). These committees will be required to periodically review cases involving terminally ill, elderly or physically incapacitated prisoners and recommend appropriate legal relief, including bail, parole or remission.
The Court said States and Union Territories may adopt the framework suggested by NALSA or modify it to suit their local administrative and legal requirements. It also directed that the policy should 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 social support after leaving prison.
Digital tracking to ensure timely decisions
In another major direction, the Court ordered that the entire process of considering applications for compassionate, early or premature release be integrated with the e-Prisons portal. The portal will digitally record every stage of the process, including submission of applications, medical examinations, reports from prison authorities, recommendations of the medical boards and Undertrial Review Committees, decisions of the competent authority and the reasons behind those decisions.
The Bench said the portal should generate automated alerts, monitor prescribed timelines, produce periodic compliance reports and enable supervisory oversight by State governments, State Legal Services Authorities and other competent authorities, while ensuring the confidentiality and privacy of prisoners’ medical and personal information.
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Centre directed to provide technical support
To ensure effective implementation, the Supreme Court directed the Ministry of Law and Justice, the Ministry of Home Affairs and the National Informatics Centre (NIC) under the Ministry of Electronics and Information Technology to provide all necessary technical support, software, digital infrastructure and training to the States and Union Territories. The NIC has also been asked to upgrade and maintain the e-Prisons portal to facilitate uniform digital processing of compassionate release applications across the country.
The Court directed the Union Government and all States and Union Territories to file compliance affidavits within six months, detailing the steps taken to implement its directions, the status of the policy, and the number of prisoners identified for release or whose cases are under consideration. The matter has been listed for further hearing on January 19, 2027, when the Court will review compliance with its directions.
