The Supreme Court has directed all States and Union Territories to formulate and notify a comprehensive policy for the early or premature release of prisoners who are of advanced age or terminally ill within three months, holding that continued incarceration of such vulnerable prisoners without a structured compassionate release mechanism undermines their right to live with dignity under Article 21 of the Constitution.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the directions in a writ petition filed by the National Legal Services Authority (NALSA), which highlighted the continued incarceration of elderly and terminally ill convicts despite deteriorating health conditions and inadequate prison healthcare facilities. The Court observed that prisons are not spaces where constitutional values cease to operate and that punishment cannot degenerate into cruel, inhuman or degrading treatment.
The Court noted that NALSA’s nationwide special campaign conducted between December 2024 and March 2025 identified 5,393 elderly and terminally ill prisoners, including 3,507 convicts and 1,886 undertrial prisoners. Among them were 84 convicts above the age of 70 years and 11 terminally ill convicts across 17 States and one Union Territory who had not approached the Supreme Court in appeal.
Observing that incarceration does not extinguish the right to dignity, the Bench held that age and serious medical conditions are constitutionally relevant considerations in matters relating to bail and premature release. The Court reiterated that imprisonment resulting in avoidable suffering and denial of adequate medical care becomes constitutionally impermissible.
The Court further observed that although the Union Government had issued a policy advisory on terminally ill prisoners as early as 2010, its implementation across States remained uneven, reflecting a disconnect between policy commitments and ground realities. It held that such institutional gaps directly implicate the State’s obligation to ensure humane treatment of prisoners under Article 21.
Issuing a slew of directions under Articles 32 and 142 of the Constitution, the Court mandated that every State policy should define ‘terminal illness’, constitute independent Medical Boards for objective medical assessment, prescribe a transparent and time-bound procedure for compassionate release, integrate the process with Under Trial Review Committees (UTRCs), and ensure digital tracking of applications through the National e-Prisons Portal. The Court also directed coordination with community health services and legal aid institutions to facilitate continuity of care for released prisoners.
The Union Government, through the Ministries of Law and Justice, Home Affairs, Electronics and Information Technology, along with the National Informatics Centre (NIC), has been directed to provide the necessary technical and digital infrastructure to implement the framework. States and Union Territories have been asked to file compliance affidavits within six months, detailing the policies framed and the number of prisoners identified, released and under consideration.
The matter has been listed for further consideration on January 19, 2027.
