SC Seeks Response From Centre & States on NALSA Plea for Release of Aged, Terminally Ill Prisoners

On May 5, the Supreme Court issued notices to the Central Government, all States, and Union Territories in response to a Public Interest Litigation (PIL) filed by the National Legal Services Authority (NALSA). The plea urges the release of elderly and terminally ill convicted prisoners across India, highlighting the urgent need for compassionate intervention.

The matter was taken up by a bench comprising Justices Vikram Nath and Sandeep Mehta, who sought replies from the concerned authorities. The petition draws attention to the growing population of elderly and seriously ill inmates in Indian prisons, many of whom lack access to proper healthcare and are forced to live in undignified conditions.

NALSA has argued that the continued detention of such individuals infringes upon their fundamental rights under Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution of India. It also points to India’s obligations under international human rights frameworks, including principles laid down by the United Nations.

The petition advocates for a policy of compassionate release for this vulnerable group, aiming to ensure humane treatment in accordance with constitutional values and global human rights standards. The Supreme Court has scheduled the next hearing for May 19.

Case Title: National Legal Services Authority v. Union of India & Others

Case No.: W.P.(Crl.) No. 162/2025