Supreme Court Directs States to Frame Policy for Early Release of Terminally Ill Prisoners
The Supreme Court has directed all States and Union Territories to formulate a policy on the early release of terminally ill prisoners and elderly inmates within three months. A Bench of Justice Vikram Nath and Justice Sandeep Mehta said the policy must ensure transparency, fairness, and timely decision-making. The Court also directed States to work with their respective State Legal Services Authorities while preparing the framework.
Supreme Court Sets Three-Month Deadline
The directions came during the hearing of a Public Interest Litigation (PIL) seeking nationwide guidelines for compassionate release.
The Court instructed every State and Union Territory to notify a clear policy within three months. It also asked authorities to establish a structured process for identifying eligible prisoners and processing their applications without unnecessary delays.
Moreover, the Bench stressed that the policy should protect the dignity of elderly and terminally ill inmates.
Clear Eligibility and Medical Assessment Required
The Supreme Court directed States to define eligibility criteria clearly. The policy should cover prisoners above 70 years of age, terminally ill inmates, and those with severe physical disabilities or serious illnesses.
Further, the Court asked States to adopt a uniform understanding of “terminal illness.” It suggested referring to the Handbook on Prisoners with Special Needs published by the United Nations Office on Drugs and Crime (UNODC).
In addition, every State must establish independent medical boards at the State and divisional levels. These boards will assess prisoners and certify their medical condition before authorities consider their release.
Transparent and Time-Bound Process
The Bench emphasized that administrative delays should not prevent eligible prisoners from receiving timely consideration.
Therefore, authorities must process every application within a fixed timeline. They must also provide written reasons for every decision. If necessary, prisoners can challenge those decisions through judicial review.
The Court further directed Undertrial Review Committees (UTRCs) to examine the cases of elderly, terminally ill, and physically incapacitated prisoners on a regular basis. These committees may recommend bail, parole, remission, or other legal remedies wherever appropriate.
e-Prisons Portal to Monitor Every Application
The Supreme Court also ordered complete digital integration through the e-Prisons portal.
The portal will record each stage of the process, including application filing, medical examination, prison authority review, medical board findings, and the final decision. It will also generate automatic alerts to prevent delays.
At the same time, authorities must ensure that prisoner data remains secure and confidential.
Centre to Provide Technical Support
The Court directed the Ministry of Law and Justice, the Ministry of Home Affairs, and the National Informatics Centre (NIC) to provide technological assistance to all States and Union Territories.
This support will help implement the digital monitoring system efficiently and uniformly across the country.
Significance of the Judgment
The ruling marks an important step in prison reform. It creates a structured framework for the early release of terminally ill prisoners and elderly inmates while promoting transparency, accountability, and respect for human dignity.
The Supreme Court will review compliance from all States and Union Territories on January 19, 2027.
