Supreme Court orders States to frame policy for early release of elderly, terminally ill prisoners

Published 16 July 2026 · politics

The Supreme Court on Thursday (July 16, 2026) directed all States and Union Territories to put in place, within three months, a uniform policy governing

The Supreme Court on Thursday (July 16, 2026) directed all States and Union Territories to put in place, within three months, a uniform policy governing the premature release of elderly and terminally ill prisoners, observing that such inmates are entitled to a humane and time-bound mechanism for remission or early release on compassionate grounds. A Bench comprising Justices Vikram Nath and Sandeep Mehta directed that every State policy must clearly lay down the eligibility criteria and procedural framework governing such releases, and be framed and implemented in coordination with the respective State Legal Services Authorities (SLSAs). “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 and/or are terminally ill. Such policy shall be framed in consultation with the respective State Legal Services Authorities so as to ensure institutional coordination and effective identification of eligible prisoners,” the Bench said. The directions were issued while hearing a petition filed by the Legal Services Authority (NALSA), which, based on inspections conducted in prisons across the country, pointed to the lack of a common framework for the premature release of aged and terminally ill prisoners.

The petition contended that facilitating the release of such inmates would not only address a humanitarian concern but also help reduce overcrowding in prisons. The apex court further directed that every policy must incorporate a clear and uniform definition of “terminal illness”, while permitting the authorities to draw upon the definition contained in the Handbook on Prisoners with Special Needs published by the United Nations Office on Drugs and Crime (UNODC), which describes terminal illness as “a condition where there is no reasonable medical possibility that the patient’s condition will not continue to degenerate and result in death.” Committees to review It also directed the States and Union Territories to constitute independent medical boards to assess and certify cases of terminal illness or advanced medical vulnerability in accordance with uniform eligibility criteria while considering applications for remission of prison sentences. “Procedural delays which result in prisoners spending their final months or years under incarceration shall be avoided, and all decisions shall be reasoned and subject to judicial review,” the judgment, authored by Justice Mehta, said. The Bench further directed that the policy be integrated with the functioning of the Under Trial Review Committees (UTRCs).