The plea filed by NALSA pointed out that many elderly and terminally ill prisoners, who are currently in jails across the country, are in dire need of special medical attention and personal care.
New Delhi – 5th May: The Supreme Court of India on Monday asked the Central Government and 18 states to respond to a petition filed by the National Legal Services Authority (NALSA).
The petition requested the release of elderly prisoners aged above 70 and terminally ill inmates on bail, especially those who have not approached the top court for relief after their bail pleas were denied.
A bench of Justices Vikram Nath and Sandeep Mehta took note of the submissions made by advocate Rashmi Nandakumar, who represented NALSA in this matter, and issued formal notices to the Centre and the states involved.
The plea filed by NALSA pointed out that many elderly and terminally ill prisoners, who are currently in jails across the country, are in dire need of special medical attention and personal care.
However, such care is difficult to provide in India’s overcrowded prisons. These inmates include those convicted by various high courts but who have not yet filed appeals in the Supreme Court, often due to lack of resources or support.
“Petitioner urges this court to issue necessary directions so that prisoners of advanced age and prisoners who are terminally ill are released on bail to ensure that they can be taken care of by members of their families and can be reintegrated into society in their final days,”
said the plea.
The petition was first heard by a bench led by the Chief Justice of India, but it was later transferred to the bench headed by Justice Vikram Nath for further hearing and adjudication.
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NALSA argued that such prisoners require continuous and specialised medical attention, which is hard to manage inside prisons that are severely overcrowded.
“Petitioner urges this court to issue necessary directions so that prisoners of advanced age and prisoners who are terminally ill are released on bail to ensure that they can be taken care of by members of their families and can be reintegrated into society in their final days,”
the petition repeated, stressing the importance of providing dignity and care during the final stages of these prisoners’ lives.
According to NALSA, as of December 31, 2022, the prison occupancy rate in India was 131 per cent, putting huge pressure on jail infrastructure, healthcare systems, and overall living conditions. The plea made it clear:
“Such prisoners… required specialised medical care and personal attention that overcrowded prisons are often ill-equipped to provide.”
The 18 states named in the petition include Andhra Pradesh, Bihar, Chhattisgarh, Haryana, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, West Bengal, Odisha and the Union Government.
These states are said to have jails where a number of such elderly or seriously ill prisoners are incarcerated.
The petition referred to several real cases to show the urgent need for reform. One of the most emotional examples was:
A 93-year-old woman imprisoned in Karnataka, whose condition was so serious that the District Legal Services Authority had to step in to provide relief.
In another case, a terminally ill undertrial managed to get bail with the help of the High Court Legal Services Committee before the Calcutta High Court.
NALSA also shared that it launched a Special Campaign for Old and Terminally Ill Prisoners, which ran from December 10, 2024, to March 10, 2025. As part of this campaign, NALSA’s national, state, and district-level units visited prisons, identified prisoners who may be eligible for bail due to age or illness, and coordinated efforts for their release.
According to data submitted in court:
456 prisoners — both convicts and undertrials — were found to fall under these categories.
However, the petition clarified that the current relief was being sought only for those convicts whose convictions were confirmed by the High Courts, who have not moved the Supreme Court, and who are in need of legal aid to approach the top court.
“Many terminally ill persons, whose convictions were upheld by various high courts, were unable to move the top court to challenge their convictions and seek bail or the suspension of sentence and the matter needed an intervention,”
said advocate Rashmi Nandakumar, stressing the urgent requirement of judicial help.
Case Title: National Legal Services Authority v. Union of India & Ors. (W.P.(Crl.) No. 162/2025)
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