The Supreme Court ordered states to create policies for the early release of elderly, terminally ill prisoners

The Supreme Court on Thursday (July 16, 2026) directed all states and Union Territories to implement a uniform policy governing early release of elderly and terminally ill prisoners within three months, noting that these prisoners are entitled to a humane and time-bound mechanism for pardon or early release on compassionate grounds.

A bench comprising Justices Vikram Nath and Sandeep Mehta ordered that each state policy must clearly lay down the eligibility criteria and procedural framework governing such releases and must be framed and implemented in coordination with the respective State Legal Services Authorities (SLSAs).

“All the States and Union Territories shall, within three months from the date of this judgment, formulate and notify a comprehensive policy for early or early release of prisoners who are advanced in age and/or terminally ill. Such policy shall be framed in consultation with the relevant state legal service authorities to ensure institutional coordination and effective identification of eligible prisoners,” the Bench said.

The guidelines were issued while hearing a petition by the National Legal Services Authority (NALSA), which, based on inspections carried out in prisons across the country, pointed to the lack of a common framework for the early release of old and terminally ill prisoners. The petition argued that facilitating the release of such prisoners would not only address the humanitarian problem but also help reduce prison overcrowding.

The Supreme Court further ordered that each policy must include a clear and uniform definition of “non-fatal illness”, allowing authorities to draw on the definition contained in the United Nations Office on Drugs and Crime (UNODC) Handbook on Prisoners with Special Needs, which describes a terminal illness as “a condition in which 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 set up independent medical boards to assess and certify cases of terminal illness or advanced medical vulnerability in accordance with the uniform eligibility criteria while considering applications for remission of prison sentences.

“Procedural delays that lead to prisoners spending their last months or years in prison must be avoided and all decisions must be reasoned and subject to judicial review,” said the judgment authored by Justice Mehta.

The Bench further directed that the policy be integrated with the functioning of the In-Trial Review Commissions (UTRCs). He said the committees must regularly review the cases of prisoners who are terminally ill, advanced in age or suffering from any other condition resulting in physical incapacity and recommend appropriate legal action, including bail, parole, discharge or release.

Application tracking e-portal

To facilitate the implementation of its directions, the Bench directed the Union Government, in coordination with the National Informatics Center (NIC), to provide technical assistance, digital infrastructure, software support and training to the States and Union Territories.

The court also directed the center to operationalize an e-portal for processing and tracking applications for early release. He said the portal should enable time-limited processing through automated alerts, generate regular compliance reports, and enhance transparency and institutional oversight while protecting inmates’ health and personal data.

“The e-Prisons portal will facilitate time-bound processing through automatic alerts and monitoring of statutory or prescribed time schedules, ensure transparency and accountability in decision-making, generate regular compliance reports and enable effective oversight by the State Government, State Legal Services Authority and other relevant authorities while maintaining appropriate safeguards for confidentiality and privacy of prisoners’ medical and personal information,” the Bench said.

Accordingly, the Bench directed the Centre, states and Union Territories to file compliance affidavits detailing the number of prisoners identified under the policy, those who have been granted early release and those whose cases remain under adjudication within six months. The matter was listed on 19 January 2027 for consideration of compliance affidavits.

The National Legal Services Authority (NALSA) is a statutory body created under the Legal Services Authority Act 1987 to ensure access to free legal services for the vulnerable and weaker sections of society. Its functions include the organization of Lok Adalats to promote consensual dispute resolution.

The petition pointed out that Indian prisons had an occupancy rate of 131% as of 31 December 2022 and that terminally ill and elderly prisoners often require specialized medical care and constant attention for which prison authorities are ill-equipped.

Published – 17 July 2026 02:00 IST