Social Activist Medha Patkar Moves SC Seeking Uniform Policy For Release Of Prisoners Aged 70 And Above For Decongestion Of Prisons

The plea filed through Advocate Vipin Nair submits that the World Health Organisation has declared that COVID-19 causes higher mortality amongst older persons, particularly in persons with underlying medical conditions, such as cardiovascular disease, chronic respiratory disease, diabetes, and cancer. Consequently, it is stated, that the Ministry of Health has also issued a Health Advisory for Elderly people, highlighting ways to reduce mortality rates amongst prisoners.

Listing the events that took place, the plea states that on 23^rd March, 2020, the Supreme Court had directed States/UTs to constitute HPCs so as to determine the class of prisoners who could be released on emergency parole or interim bail. In a 13^th April, 2020 order, it was clarified that the purpose of the 23 March direction was to ensure that States/UTs could assess the situation in their prisons in light of the pandemic and then ascertain the category of prisoners to be released.

While the HPCs were constituted, the petition contends that "as most of the categorization of prisoners are based on social conditions and are based on factors of administrative convenience, the HPCs have not taken into account the categorization of prisoners on the basis of their susceptibility to the infection and their need to be released on an urgent basis. The most susceptible ones here are the aged/elderly prisoners who have a higher chance of getting infected (specifically septuagenarian prisoners, i.e. above 70 years)."

The plea then looks at the various approaches adopted by different HPCs for the release of aged prisoners, and has also presented a record of the statistics obtained from the National Prison Information Portal regarding the number of aged prisoners in Central Prisons across Rajasthan.

It is further averred that barring a few exceptions, many states have taken no steps regarding the release of aged prisoners. HPCs of Rajasthan and Gujarat have directed the release pursuant to directions of the High Courts.

The plea also submits that chances of a law and order situation arising is low as the tendency to indulge in repeated offences reduces at such an age; in other words, as age increases, recidivism rates decrease.

Referring to the Right to Health enshrined under Article 21 of the Constitution, the plea therefore prays for directions to the Respondents to adopt a uniform method for release either on interim bail or emergency parole to safeguard the interest of the elderly prisoners incarcerated in prisons across the country.