Supreme Court to Address Compassionate Release for Elderly and Terminally Ill Prisoners

Supreme Court to Hear PIL on Elderly Prisoners

New Delhi: On Monday, the Supreme Court is set to review a public interest litigation (PIL) submitted by the National Legal Services Authority (NALSA), which advocates for the release of elderly and terminally ill prisoners nationwide.

According to the court's published schedule, a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will consider the petition on April 28.

The petition, presented by advocate Rashmi Nandakumar, underscores the harsh realities faced by elderly and terminally ill inmates, urging for their compassionate release in accordance with constitutional and human rights standards.

It draws attention to the increasing number of elderly and sick prisoners who are often confined without sufficient medical attention or humane living conditions.

NALSA emphasized that the extended imprisonment of these individuals infringes upon their fundamental rights as outlined in Articles 14 and 21 of the Indian Constitution, as well as international human rights norms recognized by the United Nations.

In a bid to address the challenges faced by vulnerable inmates, NALSA initiated a special campaign for elderly and terminally ill prisoners on December 10 of the previous year, coinciding with Human Rights Day, under the leadership of Justice B.R. Gavai, the Executive Chairman of NALSA.

This initiative aims to ensure that the most vulnerable prisoners are not overlooked, particularly those who have served significant portions of their sentences and are afflicted by serious health issues.

The petition requests the Supreme Court's intervention to facilitate the release of individuals identified by NALSA under this special campaign, contingent upon the approval of the respective trial courts.

It references the Prison Statistics India 2022 report, which indicates that 20.8% of convicts (27,690 prisoners) and 10.4% of undertrials (44,955 prisoners) are aged 50 and older. NALSA, established under the Legal Services Authorities Act of 1987, is dedicated to providing free legal assistance and ensuring access to justice for marginalized and disadvantaged groups.