Supreme Court orders states to draft elderly release policy

The Supreme Court of India has directed all states and Union Territories to formulate and notify a comprehensive policy within three months for the early or compassionate release of prisoners who are of advanced age or are terminally ill. The order, issued on July 16, 2026, by a bench of Justices Vikram Nath and Sandeep Mehta, mandates that these policies clearly define eligibility criteria and establish a procedural framework for considering such releases.

The court's directive came in response to a plea by the National Legal Services Authority, which raised systemic concerns regarding the continued incarceration of convicted prisoners over the age of 70 or suffering from terminal illnesses. The bench emphasized that while the court cannot legislate, it has a duty to intervene when inaction leads to systemic violations of fundamental rights. It stated that constitutional restraint should not be equated with constitutional abdication, particularly where the right to life with dignity under Article 21 is at stake.

A central requirement of the new policies is the establishment of a clear and uniform definition of terminal illness. The court suggested that authorities may adopt,...