A public interest litigation (PIL) has been filed before the Supreme Court seeking the release of elderly and terminally ill convicts across the country, as part of a special campaign launched by the National Legal Services Authority (NALSA). .The case, titled NALSA v Union of India & Ors, is expected to be listed shortly.The petition highlights the urgent need for reform in how the justice system treats prisoners who are severely ill or advanced in age. It argues that the continued incarceration of such persons, many of whom lack access to adequate medical care, violates their rights under Articles 14 and 21 of the Constitution, as well as international human rights principles..The PIL supports NALSA’s Special Campaign for Old Prisoners and Terminally Ill Prisoners, which was launched on December 10, 2024 (Human Rights Day), under the guidance of Justice BR Gavai, who is the Executive Chairman of NALSA. The campaign aims to identify such prisoners, facilitate their release through legal aid and support their reintegration into society..To implement the initiative effectively, national, state and district units have been constituted. These units are conducting prison visits, collecting data and arranging for legal aid to facilitate release and rehabilitation. The National Unit was constituted by NALSA Member Secretary, SC Munghate, and includes members from NALSA as well as the Supreme Court Legal Services Committee. The National Unit approved the filing of the present PIL, specifically for convicted prisoners who were convicted by High Courts, have not filed appeals or SLPs and require legal assistance..The petition cites Prison Statistics India 2022, noting that 20.8% of convicted prisoners and 10.4% of undertrial prisoners are aged 50 or above. Many have reportedly served significant portions of their sentence and are living in deteriorating health conditions.Under its updated Standard Operating Procedure, NALSA has also brought undertrial prisoners aged above 70 and terminally ill inmates under the purview of regular review by Under Trial Review Committees (UTRCs), which will now identify such cases on a quarterly basis..The PIL has been filed through Advocate Rashmi Nandakumar..[Read Press Note]
