The PIL supports NALSA’s Special Campaign for Old and Terminally Ill Prisoners, which was launched on December 10, 2024 (Human Rights Day).
NEW DELHI: 4th April: A public interest litigation (PIL) has been filed before the Supreme Court of India, requesting the release of elderly and terminally ill convicts across the country. This move aligns with a special campaign launched by the National Legal Services Authority (NALSA) to provide legal aid and support for such prisoners.
The case, titled NALSA v Union of India & Ors, is expected to be listed for hearing soon before the Supreme Court. The petition focuses on the urgent need to reform the justice system’s approach to aged and severely ill prisoners.
It argues that keeping such prisoners behind bars, especially when they lack proper medical care, violates their fundamental rights under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Indian Constitution. The plea also refers to international human rights standards.
The PIL supports NALSA’s Special Campaign for Old and Terminally Ill Prisoners, which was launched on December 10, 2024 (Human Rights Day).
This initiative is being led by Justice BR Gavai, Executive Chairman of NALSA. The campaign’s goal is to identify aged and critically ill prisoners, facilitate their release through legal aid, and help them reintegrate into society.
To implement the campaign effectively, NALSA has set up national, state, and district-level units. These teams are conducting prison visits, collecting data, and arranging legal aid for eligible prisoners. The National Unit, headed by NALSA Member Secretary SC Munghate, includes members from both NALSA and the Supreme Court Legal Services Committee (SCLSC).
This unit approved the filing of the current PIL, specifically for convicted prisoners who were sentenced by High Courts, have not filed appeals or Special Leave Petitions (SLPs), and require legal assistance.
What is this PIL About?
According to Prison Statistics India 2022, 20.8% of convicted prisoners and 10.4% of undertrial prisoners are aged 50 or above. Many of them have already served a major part of their sentence and are suffering from serious health problems. The petition highlights that keeping such prisoners in jails, especially without proper medical care, is both inhumane and unconstitutional.
As part of its reforms, NALSA has updated its Standard Operating Procedure (SOP) to ensure that undertrial prisoners above 70 years of age and terminally ill inmates are regularly reviewed by Under Trial Review Committees (UTRCs). These committees will now assess such cases every three months (quarterly basis) to determine if they qualify for early release.
The PIL has been filed through Advocate Rashmi Nandakumar, who represents the petitioners before the Supreme Court.
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