NALSA files plea in Supreme Court seeking release of elderly and terminally ill convicts

The National Legal Services Authority (NALSA) has filled a Public Interest Litigation in the Supreme Court seeking release of elderly and terminally ill convicted prisoners across the country.

Filed by Advocate On Record (AoR)
Rashmi Nandakumar, the petition highlighted the dire conditions faced by such prisoners and called for the implementation of compassionate release of the identified prisoners in line with constitutional and human rights obligations.

The petition underscored the alarming rise in the number of elderly and infirm prisoners languishing in prisons, often without adequate medical care or access to dignified living conditions.

It argued that the prolonged incarceration of such individuals violated their fundamental rights guaranteed under Articles 14 and 21 of the Indian Constitution as well as international human rights principles recognised by the United Nations.

The plea sought the top court’s intervention to release persons identified by NALSA under the special campaign for old prisoners and terminally ill prisoners subject to the satisfaction of the respective trial courts among other reliefs.

Citing the Prison Statistics India 2022, the authority said that 20.8 percent of convicts (27,690 prisoners) and 10.4 percent of undertrials (44,955 prisoners) were aged 50 years and above.

The case, titled ‘NALSA vs Union of India & Ors,’ is expected to be listed soon.

This campaign is a step towards ensuring that the most vulnerable prisoners are not forgotten. Many have served substantial portions of their sentences and suffer from severe health conditions.