Subject: GS 2: Polity & Governance
Context: Recently, the Supreme Court has directed all States and Union Territories to formulate, within three months, a comprehensive policy for the premature release of elderly and terminally ill prisoners on humanitarian grounds.
- Reason for the Directions: The directions were issued on a petition filed by the National Legal Services Authority (NALSA), which highlighted the absence of a uniform compassionate release policy and pointed out that India’s prison occupancy rate was 131% (as of 31 December 2022), with many elderly and terminally ill inmates requiring specialised medical care beyond the capacity of prison authorities.
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Directions Issued By the Supreme Court
- Objective: To ensure a humane, compassionate and time-bound mechanism for remission or early release while reducing prison overcrowding.
- Eligibility Framework: Every State policy must clearly specify the eligibility criteria, procedural framework and decision-making process for granting premature release.
- Consultation with SLSAs: The policy must be framed in consultation with the State Legal Services Authorities (SLSAs) to ensure effective identification of eligible prisoners and institutional coordination.
- Definition of Terminal Illness: The Court directed States to adopt a uniform definition of “terminal illness”, drawing upon the UNODC Handbook on Prisoners with Special Needs, which defines it as a condition with no reasonable medical possibility of recovery and an inevitable progression towards death.
- Independent Medical Boards: States and Union Territories must constitute independent medical boards to assess and certify cases of terminal illness or advanced medical vulnerability before considering remission or premature release.
- Role of Under Trial Review Committees (UTRCs): The Court directed that UTRCs should periodically review cases of elderly, terminally ill and physically incapacitated prisoners and recommend bail, parole, remission or premature release, wherever appropriate.
- Digital Monitoring: The Union Government, in coordination with the National Informatics Centre (NIC), has been directed to operationalise an e-Prisons portal for online processing and tracking of premature release applications with automated alerts, compliance monitoring and privacy safeguards.
- Compliance Mechanism: The Centre, States and Union Territories must file compliance affidavits within six months, indicating the number of eligible prisoners identified, prisoners released and pending cases.
Existing Remission Framework for Elderly and Terminally Ill Prisoners
- No Separate National Remission Policy: India does not have a dedicated remission framework exclusively for elderly or terminally ill prisoners.
- State-specific Prison Rules: Remission, parole, and premature release are governed by State Prison Rules, Jail Manuals, and remission policies framed under the Code of Criminal Procedure (CrPC)/Bharatiya Nagarik Suraksha Sanhita (BNSS).
- Case-by-case Consideration: Advanced age, terminal illness, severe disability, or prolonged incarceration may be considered as mitigating factors while deciding applications for premature release or compassionate release, subject to eligibility and public safety.
- Constitutional Powers: The President (Article 72) and Governor (Article 161) can grant pardon, remission, reprieve, respite, or commutation, including on humanitarian grounds.
- Judicial Oversight: The Supreme Court has emphasized that premature release should be decided fairly, non-arbitrarily, and in accordance with the applicable remission policy and constitutional principles.
About National Legal Services Authority (NALSA)
- NALSA is a statutory authority established under the Legal Services Authorities Act, 1987, which came into force on 9 November 1995.
- Objective: It seeks to provide free and competent legal services to weaker and vulnerable sections and ensure equal access to justice under Article 39A of the Constitution.
- Composition: The Chief Justice of India is the Patron-in-Chief, while a serving or retired Supreme Court Judge serves as the Executive Chairman.
About State Legal Services Authorities (SLSAs)
- SLSAs are statutory bodies constituted in every State under the Legal Services Authorities Act, 1987.
- Objective: They implement NALSA’s policies and programmes at the State level and ensure that eligible persons receive free legal aid and legal representation.
- Composition: The Chief Justice of the High Court serves as the Patron-in-Chief, while a serving or retired High Court Judge functions as the Executive Chairman.
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Earlier Initiatives in India
- Model Prison Manual, 2016: Issued by the Ministry of Home Affairs (MHA), it recommends premature release, parole and furlough for eligible prisoners, including elderly, infirm and terminally ill inmates on humanitarian grounds.
- Prisons/Correctional Administration Reforms: ‘Prisons’ and ‘Persons detained therein’ are State Subjects under the Seventh Schedule (Entry 4, State List).
- The Union Government has periodically issued advisories to improve prison administration, reduce overcrowding and strengthen correctional services.
- Under Trial Review Committees (UTRCs): Constituted in 2015 following Supreme Court directions, UTRCs periodically review cases of eligible undertrial prisoners for bail, helping reduce prison overcrowding.
- e-Prisons Project: Implemented under the Interoperable Criminal Justice System (ICJS), it digitises prison administration by maintaining prisoner records, facilitating case monitoring and improving transparency.
- Supreme Court on Prison Reforms: In Re: Inhuman Conditions in 1382 Prisons (2016–17), the Supreme Court issued directions to address prison overcrowding, legal aid, healthcare, sanitation and timely release of eligible prisoners.
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Global Actions and Standards
- UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules): Adopted by the United Nations General Assembly in 2015, these rules recognise prisoners’ right to healthcare, dignity and humane treatment, including appropriate medical care for seriously ill prisoners.
- UNODC Handbook on Prisoners with Special Needs: The United Nations Office on Drugs and Crime (UNODC) recommends compassionate or early release for prisoners suffering from terminal illnesses, severe disabilities or advanced age, wherever consistent with public safety.
17 Jul 2026
