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Informist, Thursday, Jul. 16, 2026

 

NEW DELHI – The Supreme Court Thursday directed states and Union territories to formulate and notify in three months a comprehensive policy for early or premature release of prisoners who are of advanced age or are terminally ill. In the absence of structured, transparent and consistent release mechanisms, or palliative care within the institutional framework, the continued incarceration of elderly and terminally ill prisoners raises fundamental questions about proportionality, dignity and the moral legitimacy of punishment itself, said the apex court.

 

The case calls for a systemic recalibration of the criminal justice system, wherein vulnerability is not treated as an afterthought, but as a constitutionally significant determinant for humane treatment of prisoners, said the top court. A bench of Justice Vikram Nath and Justice Sandeep Mehta said that its order was intended to give meaningful effect to the constitutional guarantee of life with dignity and to ensure that the criminal justice system does not inflict needless suffering upon those whose vulnerability is manifest and irreversible. "...punishment must remain anchored in proportionality, humanity and the possibility of reform, and that incarceration cannot be permitted to degenerate into institutional neglect incompatible with the values of a constitutional democracy," said the bench.

 

The policy on premature release of prisoners will be framed in consultation with the respective state legal services authorities so as to ensure institutional coordination and effective identification of eligible prisoners, said the top court. The policy will clearly define the eligibility criteria and procedural framework for consideration of release, said the court. In particular, the policy will expressly provide a clear and uniform definition of "terminal illness", it said. The policy will mandate constitution of independent medical boards at divisional and state levels for objective medical assessment and certification of terminal illness or advanced medical vulnerability, it added. 

 

The Supreme Court said that the policy will prescribe a time-bound, transparent and accessible procedure for submission, examination and disposal of applications for early or compassionate release. Procedural delays that result in prisoners spending their final months or years under incarceration will be avoided, and all decisions will be reasoned and subject to judicial review, it said.  

 

The apex court was hearing a petition by the National Legal Services Authority raising grave and systemic concerns regarding the continued incarceration of convicted prisoners who are of advanced age or are terminally ill. The petition highlights that despite their severely deteriorating health conditions and the manifest inadequacy of medical and caregiving facilities within prisons, such prisoners continue to remain confined, resulting in prolonged physical suffering and erosion of human dignity. It was contended that this state of affairs amounts to a direct infringement of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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