Prisoners – Supreme Court Orders States to Frame Compassionate Release Policy Within Three Months
Prisoners –Compassionate prisoner release framework for India – The Supreme Court has directed all states and Union territories to introduce a comprehensive policy within the next three months for the early or premature release of elderly inmates and prisoners suffering from terminal illnesses, aiming to establish a consistent and transparent approach across the country.
The Supreme Court on Thursday instructed every state and Union territory to prepare and officially notify a policy for considering the early or premature release of prisoners who are of advanced age or diagnosed with terminal illnesses. The decision is intended to create a uniform process for evaluating such cases while ensuring that humanitarian concerns are addressed through clearly defined legal procedures.
Court Calls for Uniform Eligibility Standards
A Bench comprising Justices Vikram Nath and Sandeep Mehta observed that the proposed policy must clearly specify who qualifies for compassionate release and how such applications should be processed. The judges also emphasized the need for a common and well-defined interpretation of the term “terminal illness” so that authorities across different jurisdictions follow the same standards while reviewing requests.
Verdict Delivered on NALSA Petition
The directions came while disposing of a petition filed by the National Legal Services Authority (NALSA). The plea sought appropriate relief for a category of prisoners who are either above the age of 70 or are battling terminal medical conditions. The court examined the issue from the perspective of ensuring fairness and consistency in dealing with vulnerable inmates requiring special consideration.
Policy to Be Prepared in Consultation With Legal Services Authorities
According to the court, each state and Union territory should formulate its policy in consultation with the respective State Legal Services Authorities. This collaboration, the Bench noted, would improve coordination among institutions and help identify eligible prisoners more efficiently. The judges underlined that such cooperation would also strengthen the implementation of the policy once it is notified.
Transparent and Time-Bound Procedure Recommended
The Supreme Court further stated that the policy should establish a simple, transparent, and time-bound mechanism for submitting and processing applications for compassionate or early release. Authorities should ensure that every request is examined promptly and disposed of within a reasonable period, making the process accessible to eligible prisoners without unnecessary procedural delays.
Centre Asked to Extend Technical Assistance
In addition to the responsibilities assigned to states and Union territories, the apex court directed the Central government to extend technical support wherever required. This includes providing digital infrastructure and helping build administrative capacity so that state authorities can effectively implement the court’s directions and manage the process in a structured manner.
Compliance Report Required Within Six Months
The Bench also instructed the Centre, along with all states and Union territories, to submit compliance affidavits before the Supreme Court within six months. These reports are expected to outline the measures taken to implement the directions issued by the court. The detailed text of the judgment is yet to be released.