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Social Activist Medha Patekar moved Supreme Court seeking direction to formulate uniform policies to release prisoners above 70 years of age.

Socio Legal Corp

The states and Union territory have no uniform policy to decongest prisoners after CJI N.V Ramana led bench had directed high-powered committees to release prisoners on parole considering the guidelines last year. The directions were given after assessing the second wave of covid 19 in India and the overcrowding of jails.

The plea relied on the report of World Health Organization (WHO) which declared that covid 19 largely attacks elderly people and more effectively to those with co-morbidities like diabetes, chronic respiratory disease, cardiovascular diseases and other ailments.

The plea stated that the Imperial College London has reported that the possibility of infection among elderly people is 20 times more, and chances of hospitalization increases as compared to those in their 20s.

The petitioner argued that the states have heavily relied on administrative convenience and social conditions rather than categorizing the prisoners according to their susceptibility to the infection and their need to be released on an urgent basis. Given the fact that prisoners in the age group of 70 and more are highly susceptible to the infection are not getting released which is a matter of concern and decongestion of jails should be done accordingly.

The High powered committee of Bihar, Madhya Pradesh, and Maharashtra have taken steps to release elderly prisoners after the order of the Supreme Court dated 8th May 2021. The petitioner argued that this clearly shows that different states have taken different approaches and there is no uniform policy to release elderly prisoners who are undergoing their sentences.

Also, the law and order situation will not be hindered as there are very less chances of an elderly person to repeat offences and tendency to indulge in crime is way more far-fetched.

Social Activist Medha Patekar moved Supreme Court seeking direction to formulate uniform policies to release prisoners above 70 years of age.

The states and Union territory have no uniform policy to decongest prisoners after CJI N.V Ramana led bench had directed high powered committees to release prisoners on parole considering the guidelines last year. The directions were given after assessing the second wave of covid 19 in India and overcrowding of jails.

The plea relied on the report of World Health Organization (WHO) which declared that covid 19 largely attacks elderly people and more effectively to those with co-morbidities like diabetes, chronic respiratory disease, cardiovascular diseases and other ailments.

The plea stated that the Imperial college London has reported that the possibility of infection among elderly people is 20 times more, and chances of hospitalization increases as compared to those in their 20s.

The petitioner argued that the states have heavily relied on administrative convenience and social conditions rather than categorizing the prisoners according to their susceptibility to the infection and their need to be released on urgent basis. Given the fact that prisoners in the age group of 70 and more are highly susceptible to the infection are not getting released which is a matter of concern and decongestion of jails should be done accordingly.

The High powered committee of Bihar, Madhya Pradesh and Maharashtra have taken steps to release elderly prisoners after the order of the Supreme Court dated 8th May, 2021. The petitioner argued that this clearly shows that different states have taken different approaches and there is no uniform policy to release elderly prisoners who are undergoing their sentences.

Also, the law and order situation will not be hindered as there are very less chances of an elderly person to repeat offences and tendency to indulge in crime is way more far-fetched.

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