SC to hear PIL seeking release of elderly, terminally ill convicted prisoners

New Delhi: The Supreme Court is slated to hear on Monday a public interest litigation (PIL) filed by the National Legal Services Authority (NALSA) seeking the release of elderly and terminally ill convicted prisoners across the country.

As per the causelist published on the website of the , a bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar will take up the plea for hearing on April 28.

The petition, filed through advocate Rashmi Nandakumar, highlights the dire conditions faced by these elderly and terminally ill convicted and calls for the implementation of their compassionate release in line with constitutional and human rights obligations.

The PIL highlights 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.

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“The prolonged incarceration of such individuals violates 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 NALSA said.

The apex legal services authority launched a special campaign for old prisoners and terminally ill prisoners to address the plight of vulnerable inmates on December 10 last year, on the occasion of Human Rights Day, under the guidance of Justice B.R. Gavai, who is the Executive Chairman of NALSA.

The campaign was a step towards ensuring that the most vulnerable prisoners are not forgotten, when many of these elderly and terminally ill convicted prisoners have served substantial portions of their sentences and suffer from severe health conditions.

To facilitate the release of elderly and terminally ill prisoners, the petition seeks 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.

It referred to Prison Statistics India 2022, which states that 20.8 per cent of convicts (27,690 prisoners) and 10.4 per cent of undertrials (44,955 prisoners) are aged 50 years and above. Established under the Legal Services Authorities Act, 1987, NALSA aims to provide free legal aid and ensure access to justice for the marginalised and underprivileged sections of society.

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