New Delhi: The National Legal Services Authority (NALSA) has filed a Public Interest Litigation (PIL) in the Supreme Court seeking urgent intervention for the release of elderly and terminally ill convicted prisoners across the country. The matter is expected to be listed soon.
The petition underscores 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 argues that the prolonged incarceration of such individuals violates their fundamental rights guaranteed under Articles 14 and 21 of the Constitution as well as international human rights principles recognized by the United Nations.
The petition seeks the release of persons identified by NALSA under its Special Campaign for Old Prisoners & Terminally Ill Prisoners, subject to the satisfaction of the respective trial courts. It refers to Prison Statistics India 2022, which states that 20.8% of convicts (27,690 prisoners) and 10.4% of undertrials (44,955 prisoners) are aged 50 years and above.
For effective implementation of this initiative, units have been formed at the national, state and district levels to conduct prison visits, collect data, and coordinate legal aid efforts. This is part of a campaign towards ensuring that the most vulnerable prisoners are not forgotten. Many have served substantial portions of their sentences and suffer from severe health conditions. The campaign was launched under the guidance of Justice B R Gavai, executive chairman, NALSA on December 10, 2024.
