Elderly Prisoners Early Release: Supreme Court Orders States, UTs to Frame Policy Within Three Months in NALSA Case

On July 16, 2026, the Supreme Court of India directed all States and Union Territories to formulate and notify a comprehensive policy within three months for the early or premature release of elderly and terminally ill prisoners — a ruling that could affect thousands currently incarcerated across the country.

The bench of Justices Vikram Nath and Sandeep Mehta invoked Article 142 of the Constitution while issuing the directions, according to LiveLaw and Bar & Bench. The case was filed by the National Legal Services Authority (NALSA) seeking uniform nationwide guidelines for compassionate release.

Background: How We Got Here

NALSA filed Writ Petition (Criminal) No. 162/2025 (Diary No. 17527/2025) before the Supreme Court, seeking uniform nationwide guidelines for the compassionate release of terminally ill, sick, infirm, and elderly prisoners — particularly those above the age of 70, per LiveLaw and Verdictum.

The petition argued that overcrowded prisons cannot provide the specialised care these prisoners require. It also contended that continued incarceration violates Articles 14 and 21 of the Constitution and is inconsistent with internationally recognised human rights standards, according to LiveLaw.

• The plight of a 93-year-old woman prisoner confined in a Karnataka prison was specifically highlighted in the petition, after which a District Legal Services Authority moved the Court for her release, as reported by Verdictum.
• The Supreme Court issued notice on the petition in May 2025 and sought responses from the Union Government and others, per Deccan Chronicle and Verdictum.
• The judgment was reserved on July 18, 2025, and was pronounced on July 16, 2026, according to Verdictum.

The Ruling — Key Findings

Pronouncing the verdict, Justice Sandeep Mehta declared: “All states and Union territories shall within a period of three months from the date of this judgment formulate and notify a comprehensive policy for early or premature release of prisoners who are of advanced age and/or are terminally ill.”

The bench further directed that “the said policy shall clearly define the eligibility criteria and procedural framework for consideration of release,” according to the Supreme Court bench of Justices Vikram Nath and Sandeep Mehta.

The policy must also ensure, in the Court’s own words, that it “provide for coordination with community health services, social welfare departments and legal aid institutions to ensure continuity of medical care and social support for prisoners released on compassionate grounds.”

Among the specific directions issued by the bench, as reported by LawBeat, Bar & Bench, and Verdictum:

• States must frame the policy in consultation with their respective State Legal Services Authorities (SLSAs) to ensure effective identification of eligible prisoners.
• The policy must expressly define the term “terminal illness,” with States permitted to adopt the definition from the UNODC Handbook on Prisoners with Special Needs (2009).
• Independent medical boards at divisional and State levels must be constituted to objectively certify cases involving terminal illness or serious medical vulnerability, per the Free Press Journal.
• The policy must be integrated with Undertrial Review Committees (UTRCs), which shall periodically review cases of terminally ill, elderly, or physically incapacitated prisoners and recommend bail, parole, or remission.
• The entire application process must be digitised through the e-Prisons portal, which shall generate automated alerts, monitor timelines, produce compliance reports, and ensure confidentiality of prisoners’ medical data, according to LiveLaw and Verdictum.
• States and UTs may adopt or suitably modify the NALSA framework annexed as Schedule A to the judgment, provided core tenets of human dignity, proportionality, and humane treatment are preserved, per Verdictum.

The Ministry of Law and Justice, Ministry of Home Affairs, and the National Informatics Centre (NIC) under MeitY were directed to provide all necessary technical support, digital infrastructure, software upgrades, and training to States and UTs, as reported by the Free Press Journal and LiveLaw.

Reactions & What’s Next

The Union Government and all States and UTs have been directed to file compliance affidavits within six months of the judgment, detailing steps taken, policy status, and data on prisoners identified or released, according to LiveLaw, Deccan Chronicle, and Verdictum.

The matter is next listed on January 19, 2027, for consideration of those compliance affidavits, per LiveLaw and Verdictum. The three-month policy deadline means all States and UTs must have their policies notified by mid-October 2026.