Justice Surya Kant of the Supreme Court expressed grave concerns about elderly and terminally ill prisoners’ rights during a Human Rights Day event by NALSA. He noted that medical protections for these individuals are often theoretical and inadequate. Kant emphasized the necessity for compassionate measures and streamlined processes for compassionate release to uphold their dignity within the justice system.
New Delhi: Justice Surya Kant of the Supreme Court voiced deep concerns over the plight of elderly and terminally ill prisoners, emphasizing that the “medical protection provided under the right to dignity often remains theoretical, inaccessible, and invisible” for these individuals. Speaking at a Human Rights Day event organized by the National Legal Services Authority (NALSA), Justice Kant highlighted the pressing need for compassionate measures to address their unique challenges.
The event marked the launch of NALSA’s “Special Campaign for Old Prisoners and Terminally-ill Patients.” Chief Justice of India Sanjiv Khanna, Justice B.R. Gavai, and Minister of State for Law and Justice Arjun Ram Meghwal also addressed the gathering.
Justice Kant, who leads the Supreme Court Legal Services Committee, underscored the gap between constitutional rights and their implementation.
“We are well aware that the right to dignity includes the right to adequate medical care, and it obligates prison authorities to provide for those who need it, but for older prisoners and terminally ill prisoners, these protections often remain theoretical, inaccessible, impractical, and too often invisible,”
he said.
He highlighted the need to balance the objectives of imprisonment with the principle of proportional punishment. “A thin line exists between appropriate and inappropriate continued detention,” he said, adding that laws have historically sought to protect vulnerable groups, such as minors and mothers, from pre-trial incarceration. The same approach, he argued, should extend to elderly and terminally ill prisoners.
During the COVID-19 pandemic, courts granted temporary and permanent releases to prisoners for medical reasons, a precedent that underscores the need for more systemic reforms. Justice Kant stressed that the healthcare needs of elderly prisoners are often complex and fatal if left unaddressed. He questioned why the global standard of palliative care and regular hospital visits for sick patients is denied to prisoners solely because of their incarceration. “This is not what our reformative criminal justice system envisions, and this is surely not our constitutional ethos,” he stated.
The judge called for the implementation of compassionate release mechanisms. “This is where law and policy must step in together to ensure that such prisoners are granted compassionate release,” he said, urging for a streamlined process to identify eligible prisoners, collect necessary medical documentation, and advocate for their cases.
Applauding NALSA’s initiative, Justice Kant praised its commitment to bridging gaps between the people and the law.
“NALSA or its subsidiaries, like the Supreme Court Legal Services Committee or state legal service authorities, are not mere statutory compositions. They are a promise to Indian society. Let us promise to work together to empower every citizen to acknowledge their dignity,”
he concluded.
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