Daijiworld Media Network - New Delhi
New Delhi, Jul 16: The Supreme Court on Thursday directed all States and Union Territories to frame and notify a comprehensive policy within three months for the premature release of elderly and terminally ill prisoners, stressing that the criminal justice system must uphold the constitutional right to live with dignity.
A Bench comprising Justices Vikram Nath and Sandeep Mehta observed that prolonged incarceration of vulnerable prisoners amounts to needless suffering and is incompatible with the values of a constitutional democracy.
"Punishment must remain anchored in proportionality, humanity and the possibility of reform. Incarceration cannot be permitted to degenerate into institutional neglect," the Bench said while delivering its judgment on a public interest litigation (PIL) filed by the National Legal Services Authority (NALSA).
The court emphasised that the right to life and dignity guaranteed under Article 21 of the Constitution does not end with conviction.
"Prisons are not zones where constitutional protections are suspended. The guarantees of dignity, fairness and humane treatment continue to operate with full force even behind prison walls," the Bench observed.
The PIL highlighted the growing number of prisoners aged above 70 years who continue to remain in jail despite suffering from serious illnesses and inadequate access to healthcare.
Referring to the Prison Statistics India Report 2022, the court noted that nearly 21 per cent of the country's 1.33 lakh convicted prisoners were aged 50 years and above.
The Bench observed that the continued detention of elderly and terminally ill inmates in such circumstances violates their fundamental rights under Articles 14 and 21 of the Constitution and is inconsistent with internationally recognised human rights standards.
The court also recalled that the Union government had issued an advisory to States in 2010 regarding the treatment of terminally ill prisoners following directions from the Delhi High Court, but noted that implementation had remained uneven.
To ensure transparency and efficiency, the Supreme Court directed that the entire process be made technology-driven through the e-Prisons portal.
It ordered that every stage, including submission of applications, medical examinations, recommendations of medical boards and final decisions, be digitally recorded with fixed timelines, automated alerts and compliance monitoring.
The court also directed that prisoners' medical and personal information be adequately protected.
The Union Ministries of Law and Justice and Home Affairs, along with the National Informatics Centre (NIC), have been asked to provide technical assistance, upgrade the e-Prisons portal and conduct training for States and Union Territories.
The Centre and all States and Union Territories have been directed to file compliance affidavits within six months, detailing the policies framed, the number of prisoners identified for premature release and cases under consideration.
The matter has been listed for further hearing on January 19, 2027.
The Bench made it clear that where legislative or executive inaction results in systemic violations of fundamental rights, the judiciary cannot remain a "passive spectator" and is duty-bound to issue appropriate directions to ensure that constitutional guarantees are effectively enforced.