Supreme Court directs States and UTs to frame policy for early release of terminally ill, elderly prisoners

The Supreme Court on Thursday directed all the States and Union Territories to formulate and notify a comprehensive policy within three months for early or premature release of prisoners who are of advanced age or are terminally ill.

A Bench of Justices Vikram Nath and Sandeep Mehta said policy shall be framed in consultation with the respective State legal services authorities to ensure institutional coordination and effective identification of eligible prisoners.

The Court issued the directions in a plea seeking nationwide guidelines for the compassionate release of terminally ill, sick, infirm, and elderly prisoners, specifically those above the age of 70.

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

The Court said that the policy shall expressly provide a clear and uniform definition of “terminal illness” and in this regard, the authorities may consider the definition contained in the Handbook on Prisoners with Special Needs published by the United Nations Office on Drugs and Crime (UNODC).

Under the policy, the States have to mandate constitution of independent medical boards at divisional and State levels for objective assessment and certification of terminal illness or advanced medical vulnerability.

The policy shall prescribe a time-bound, transparent and accessible procedure for submission, examination and disposal of applications for early or compassionate release, the Bench said.

It further emphasised that procedural delays which result in prisoners spending their final months or years under incarceration should be avoided. It also said all decisions shall be reasoned and subject to judicial review.

Further, the Court said that the policy be integrated with the functioning of the Undertrial Review Committees (UTRCs).

The 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 to recommend appropriate legal action including bail, parole or remission, the Court said.

The Court suggested that the States and Union Territories in this regard can adopt the framework proposed by National Legal Services Authority (NALSA) or modify the same to suit local administrative and legal requirements,

"The policy shall also provide for coordination with community health services, social welfare departments and legal aid institutions to ensure continuity of medical care and social support for prisoners released on compassionate grounds," the Court said further.

In another significant direction, the Court directed that the entire process for consideration of applications for early or premature release be fully integrated with the e-Prisons portal.

The portal will record each stage of processing, including submission of the application, medical evaluation, reports of the prison authorities, recommendations of the medical board, recommendations of the UTRCs, decisions of the competent authority and the reasons for decisions taken.

"The e-Prisons portal shall facilitate time-bound processing through automated alerts and monitoring of statutory or prescribed timelines; ensure transparency and accountability in decision-making; generate periodic compliance reports; and enable effective supervisory oversight by the State government, the State Legal Services Authority and other competent authorities, while maintaining appropriate safeguards for the confidentiality and privacy of prisoners’ medical and personal information," the Court added.

Ministry of Law and Justice, the Ministry of Home Affairs, and the National Informatics Centre (NIC) under the Ministry of Electronics and Information Technology have been directed to provide all necessary technical support, and digital infrastructure to the States and Union Territories to facilitate effective compliance with the directions issued by the Court.

The matter will be heard next on January 19, 2027 to examine compliance of the directions.

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