SC directs states to frame uniform policy for premature release of aged, terminally ill inmates
The Supreme Court has directed all States and Union Territories to formulate and notify a uniform policy within three months for the premature release of aged and terminally ill prisoners. This policy aims to provide a humane and time-bound mechanism for remission or early release on compassionate grounds, and to help reduce prison overcrowding. The Court mandated that the policy, framed in consultation with State Legal Services Authorities, must clearly define 'terminal illness' and establish eligibility criteria and procedural frameworks. It also directed the constitution of independent medical boards and called for technical assistance from the Union government and NIC for implementation.
Key Points
- The Supreme Court mandated a uniform policy for premature release of aged and terminally ill prisoners across all States and UTs.
- The policy aims to provide a humane, time-bound mechanism for remission and address prison overcrowding.
- It must include clear eligibility criteria and a uniform definition of 'terminal illness', drawing from UNODC guidelines.
- Independent medical boards are to be constituted to assess and certify cases.
- The Union government and NIC are to provide technical assistance for policy implementation.
Exam Facts
- Supreme Court Bench: Justices Vikram Nath and Sandeep Mehta.
- Deadline for policy formulation: Three months.
- Consultation body: State Legal Services Authorities (SLSAs).
- Definition of 'terminal illness' to be based on UNODC Handbook on Prisoners with Special Needs.
- Prison occupancy rate in India: 131% as of December 31, 2022.
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