Supreme Court Considers Release of Terminally Ill Prisoners
A bench of Justices Vikram Nath and Sandeep Mehta reserved its order on a plea of National Legal Services Authority (NALSA) seeking the release of a group of either terminally ill prisoners or those above 70 from jail.
Government’s Stand on the Issue
The Centre claimed to have framed a standard operating procedure on the issue, and the same is on record.
The bench, however, noted the need for common prison rules that consider the release of terminally ill individuals and emphasized the importance of such considerations across all states.
Additional Solicitor General Aishwarya Bhati, representing the Centre, expressed the government’s concern for terminally ill prisoners. All states and union territories were advised in the SoP to manage such inmates effectively.
Guidelines and Possible Misuse
The bench highlighted the possibility of misuse and stressed the necessity of guidelines on how to treat terminally ill prisoners and determine who qualifies for release benefits.
The petitioner’s counsel referred to NALSA’s SoP, which defines the criteria for being considered under the terminally ill category and would require certification by the jail’s medical officer.
Bhati informed the bench that the Centre’s SoP includes the establishment of a medical board for such cases.
Examples and State Policies
Several examples of elderly and terminally ill prisoners were discussed, including those in Kerala and convicts with life imprisonment sentences. The Uttar Pradesh counsel mentioned the state’s policy that incorporates clauses for the terminally ill and the formation of a medical board.
On May 5, the Supreme Court sought responses from the Centre and 18 states regarding the plea.
Request for Direction
NALSA requested the court to issue directions to facilitate the release of prisoners aged above 70 and those suffering from terminal illnesses, citing overcrowding in prisons as a challenge for providing special care.
The plea highlighted the need for intervention to enable terminally ill prisoners to challenge their convictions, seek bail, or suspend their sentences.
As of December 31, 2022, India’s prison occupancy rate was reported at 131%, affecting infrastructure and the quality of medical care and living conditions within jails.
This article was generated from an automated news agency feed without modifications to text.
