Justice Vikram Nath, Justice Sandeep Mehta, Supreme Court

The Supreme Court ordered all States and Union Territories to formulate and notify a comprehensive policy within three months for the early or premature release of elderly and terminally ill prisoners.

The Court also directed the integration of a time-bound tracking system into the e-Prisons portal to fast-track compassionate release and preserve inmate dignity.

The Court mandated institutional coordination with State Legal Services Authorities, the setting up of independent medical boards, and full integration with the digital e-Prisons portal to avoid procedural delays and ensure human dignity.

In May 2025, the Court issued notice in a petition filed by the National Legal Services Authority (NALSA) seeking necessary directions to enable the release of terminally ill and elderly prisoners so they may be cared for by their families and reintegrated into society. The judgment was reserved on July 18, 2025.

The Bench of Justice Vikram Nath and Justice Sandeep Mehta held, "The e-Prisons portal shall facilitate time-bound processing through automated alerts and monitoring of statutory or prescribed timelines, ensure transparency and accountability in decision-making, generate periodic compliance reports, and enable effective supervisory oversight by the State Government, the State Legal Services Authority, and other competent authorities, while maintaining appropriate safeguards for the confidentiality and privacy of prisoners' medical and personal information...The Union of India shall, through the Ministry of Law and Justice, Ministry of Home Affairs, and the NIC under the Ministry of Electronics and Information Technology (MeitY), provide all necessary technical support, digital infrastructure, software development, maintenance, and capacity building assistance to the States."

The Court, while exercising its extraordinary jurisdiction under Articles 32 and 142 of the Constitution of India, issued significant directions to the Union of India, the States, and the Union Territories for the early or premature release of prisoners.

The Apex Court directed all States and Union Territories to formulate and notify a comprehensive policy within a period of three months for the early or premature release of prisoners who were either of advanced age or terminally ill.

The Court ordered that the said policy be framed in close consultation with the respective State Legal Services Authorities to ensure seamless institutional coordination and the effective identification of eligible prisoners.

The policy was mandated to clearly define the eligibility criteria and the procedural framework governing such releases. The Bench explicitly instructed that a uniform and precise definition of "terminal illness" be incorporated within the policy framework.

For this purpose, the Court permitted the States and Union Territories to adopt the definition contained in the UNODC Handbook on Prisoners with Special Needs, 2009, which characterizes terminal illness as a medical condition with no reasonable possibility of improvement, leading to continuous degeneration and eventual death.

"The said policy shall clearly define the eligibility criteria and procedural framework for consideration of release. In particular, the policy shall expressly provide a clear and uniform definition of terminal illness. For this purpose, States and Union Territories may adopt, with such modifications as deemed appropriate, the definition contained in UNODC Handbook on Prisoners with Special Needs, 2009, which describes terminal illness as a condition where there is no reasonable medical possibility that the patient's condition will not continue to degenerate and result in death", the Court directed.

Furthermore, the Court directed the mandatory constitution of independent medical boards at both divisional and state levels, comprising suitably qualified medical professionals, tasked with conducting objective medical assessments and periodic reviews of the identified cases.

To ensure the efficacy of the framework, the Supreme Court directed the prescription of a time-bound, transparent, and accessible procedure for the submission, examination, and final disposal of applications seeking early or compassionate release.

The Court emphasized that procedural delays causing prisoners to spend their final months or years under incarceration must be strictly avoided, mandating that all administrative decisions be duly reasoned and subject to judicial review. Additionally, the Bench ordered the integration of this policy with the functioning of the Under Trial Review Committees (UTRCs). The UTRCs were mandatorily required to periodically review the cases of prisoners suffering from advanced age, terminal illness, or physical incapacitation, and to recommend appropriate legal remedies, including bail, parole, remission, or release.

The Court allowed the States and Union Territories to adopt or suitably modify the framework proposed by NALSA, annexed as Schedule A to the judgment, provided that the core tenets of human dignity, proportionality, and humane treatment were preserved. The policy was also required to facilitate robust coordination with community health services, social welfare departments, and legal aid institutions to ensure continuity of medical care and social support post-release.

To maintain institutional accountability, the Court ordered that the entire application process be integrated with a mandatory tracking number on a digital portal, recording every stage from submission, medical evaluation, and prison reports, to the final recommendations and reasoned decisions of the competent authorities.

The Supreme Court directed that the e-Prisons portal be utilized to facilitate time-bound processing through automated alerts, generate periodic compliance reports, and enable effective supervisory oversight by the State Governments and State Legal Services Authorities, while strictly safeguarding the confidentiality and privacy of the prisoners' medical data.

The Union of India, through the Ministry of Law and Justice, the Ministry of Home Affairs, and the National Informatics Centre (NIC) under MeitY, was directed to provide all necessary technical support, digital infrastructure, software upgrades, and capacity-building assistance to the States and Union Territories to ensure uniform and timely implementation.

It was directed, "The NIC shall ensure that the e-Prisons portal is suitably configured, upgraded, and maintained to enable seamless implementation of the framework directed herein, including digital processing, monitoring, and tracking of applications for early, premature, or compassionate release, and shall extend all necessary assistance to the States and Union Territories to inform uniform, timely, and effective implementation of these directions."

In conclusion, the Apex Court directed the Union of India, through the Ministry of Law and Justice, along with all States and Union Territories, to file a comprehensive compliance affidavit before the Court within a period of six months. The said affidavit was ordered to explicitly detail the status of the formulation and implementation of the policy, alongside statistical data regarding the number of prisoners identified, released, or presently under consideration.

The Court ordered that copies of the judgment be transmitted to all concerned authorities, directed the impleadment of the remaining States as party respondents, and ordered the matter to be listed on January 19, 2027, for the consideration of the compliance affidavits.

The petition filed by NALSA stated, “Recently, the case of a 93-year-old woman prisoner confined in a prison in Karnataka was highlighted in a newspaper article, pursuant to which the District Legal Services Authority moved this Hon’ble Court for her release. Similarly, the High Court Legal Services Committee applied for bail on behalf of a terminally ill undertrial before the Hon’ble High Court of Calcutta wherein the Hon’ble High Court was pleased to grant bail.”

The Plea prayed for the issuance of guidelines for the identification and release of vulnerable prisoners, including the elderly, sick, terminally ill, infirm, and those suffering from serious illnesses such as HIV, cancer, AIDS, and TB, by way of remission, commutation, parole, or furlough, and also seeks that steps be taken to decongest prisons in view of the grave risk to the health and safety of prisoners across the country.

Cause Title: National Legal Services Authority v. Union of India & Ors. (W.P.(Crl.) No. 162/2025)

Click here to read/download the Judgment

(This is a pronouncement story; the judgment was uploaded later)


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