Will the Supreme Court Address the Release of Elderly and Terminally Ill Convicted Prisoners?
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Synopsis
As the Supreme Court gears up to hear a PIL from NALSA addressing the plight of elderly and terminally ill prisoners, the urgent need for compassionate release becomes the focal point of justice. Will the apex court acknowledge their fundamental rights and take action to grant them dignity in their remaining years?
Key Takeaways
- Supreme Court to consider PIL for elderly and terminally ill prisoners.
- Campaign initiated by NALSA to address the plight of vulnerable inmates.
- High percentage of elderly prisoners suffering in harsh conditions.
- Urgent need for humane treatment and rights protection.
- Potential impact of the court's decision on justice reform.
New Delhi, April 27 (NationPress) The Supreme Court is set to review on Monday a public interest litigation (PIL) presented by the National Legal Services Authority (NALSA) advocating for the release of elderly and terminally ill convicted prisoners throughout the nation.
According to the causelist available on the apex court's website, a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar will hear the plea on April 28.
The petition was submitted by advocate Rashmi Nandakumar and underscores the challenging circumstances endured by these elderly and terminally ill prisoners while urging for their compassionate release in accordance with constitutional and human rights mandates.
This PIL draws attention to the troubling increase in the population of elderly and unwell prisoners who remain in custody, frequently without sufficient medical attention or the ability to live with dignity.
“Keeping such individuals imprisoned for extended periods infringes on their fundamental rights as outlined in Articles 14 and 21 of the Indian Constitution, as well as the international human rights standards acknowledged by the United Nations,” stated NALSA.
This apex legal services authority initiated a dedicated campaign for elderly and terminally ill prisoners on December 10 of the previous year, coinciding with Human Rights Day, under the leadership of Justice B.R. Gavai, the Executive Chairman of NALSA.
The campaign aims to ensure that the most vulnerable inmates are not overlooked, particularly as many of these elderly and terminally ill convicted individuals have already served significant portions of their sentences and are grappling with severe health issues.
To enable the release of these prisoners, the petition requests the court’s intervention to free those identified by NALSA under this special campaign, contingent upon the approval of the respective trial courts.
It cites Prison Statistics India 2022, indicating that 20.8% of convicts (27,690 prisoners) and 10.4% of undertrials (44,955 prisoners) are aged 50 years and older. Formed under the Legal Services Authorities Act, 1987, NALSA strives to furnish free legal aid and guarantee access to justice for marginalized and disadvantaged segments of society.
Point of View
It is imperative to highlight the pressing need for humane treatment of elderly and terminally ill prisoners. The upcoming Supreme Court hearing represents a critical juncture in recognizing the fundamental rights of these individuals, urging a balance between justice and compassion. Our commitment remains to amplify voices advocating for the marginalized and ensure that justice is served with empathy.
NationPress
21/09/2025
Frequently Asked Questions
What is the purpose of the PIL filed by NALSA?
The PIL aims to secure the release of elderly and terminally ill convicted prisoners, emphasizing their right to live with dignity.
Who are the key individuals involved in this case?
The case will be heard by a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.
When is the hearing scheduled?
The hearing is scheduled for April 28.
What statistics support the need for this PIL?
According to Prison Statistics India 2022, 20.8% of convicts and 10.4% of undertrials are aged 50 years and above.
What is NALSA's role in this issue?
NALSA is advocating for the rights of vulnerable prisoners and aims to facilitate their compassionate release.
