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The Supreme Court directed all States and Union Territories to formulate and notify a uniform policy within three months for the premature release of elderly and terminally ill prisoners on humanitarian grounds. The order came while hearing a petition filed by the National Legal Services Authority (NALSA) highlighting the absence of a common framework.

Supreme Court Directions

• The Court directed States and UTs to formulate a policy specifying eligibility criteria, application procedures, and timelines for granting premature release to elderly and terminally ill prisoners.
• The policies must be prepared in consultation with the State Legal Services Authorities (SLSAs) to ensure proper identification and legal assistance for eligible inmates.
• States have been directed to constitute independent medical boards to certify cases involving terminal illness, advanced age, or severe medical vulnerability.
• The Court recommended adopting the UN Office on Drugs and Crime (UNODC) definition of terminal illness, which refers to conditions where there is no reasonable medical possibility of preventing progressive deterioration leading to death.
• The Under Trial Review Committees (UTRCs) have been asked to periodically review such cases and recommend appropriate relief, including bail, parole, remission, or premature release.
• To avoid delays, authorities must ensure time-bound decisions, with all orders being reasoned and subject to judicial review.
• The Union Government, along with the National Informatics Centre (NIC), has been directed to develop a digital portal for processing, tracking, and monitoring applications while ensuring confidentiality of medical information.
• The Centre, States, and UTs must submit compliance affidavits within six months detailing eligible prisoners identified, releases granted, and pending cases.
• Prison Overcrowding in India
• India has 1,333 prisons with a sanctioned capacity of 4.53 lakh inmates, while the actual prison population exceeds 5.11 lakh, indicating significant overcrowding.
• Several States and UTs continue to record occupancy rates above 100%, with Delhi (194.6%), Meghalaya (163.5%), Jammu & Kashmir (148.3%), and Madhya Pradesh (147.1%) among the highest.

Government Measures to Reduce Overcrowding

• The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides that first-time offenders who have completed one-third of their maximum sentence are eligible for release on bond.
• The Model Prisons and Correctional Services Act, 2023 shifts prison administration towards reformation and rehabilitation.
• The E-Prisons Projectdigitises prison records and integrates them with the Inter-operable Criminal Justice System (ICJS) to facilitate timely identification of prisoners eligible for bail or release.
• The Support to Poor Prisoners Scheme provides financial assistance to undertrial prisoners unable to furnish bail or sureties.

National Legal Services Authority (NALSA)

• NALSA is a statutory body established under the Legal Services Authorities Act, 1987, and constituted in 1995 to provide free legal aid and promote access to justice.
• It implements Article 39A of the Constitution and also supports the constitutional mandate under Articles 14 and 22(1).
• The Chief Justice of India serves as the Patron-in-Chief of NALSA.