As per the amended rules, a specially constituted evaluation committee will play a crucial role in determining the eligibility of elderly or disabled prisoners for premature release.
Team Clarion
NEW DELHI – In a significant move aimed at ensuring a humane approach towards elderly and disabled prisoners and addressing the issue of overcrowding in Delhi jails, Lieutenant Governor V.K. Saxena has approved a draft notification for amending the ‘Delhi Jail Rules 2018.’
The amendment, prompted by a directive from the Delhi High Court during the hearing of a writ petition, introduces Rule 1246-A to facilitate the premature release of disabled prisoners serving fixed-term imprisonment in Delhi’s overcrowded Tihar, Mandoli, and Rohini jails.
The objective of the amendment is two-fold: to provide a compassionate approach to elderly and infirm prisoners and to alleviate the congestion in the three major jails, which currently house over 20,000 inmates, surpassing their total capacity of 10,026.
As per the amended rules, a specially constituted evaluation committee will play a crucial role in determining the eligibility of elderly or disabled prisoners for premature release. The committee will include members such as the Deputy Inspector General (Prisons), the concerned Jail Superintendent, Resident Medical Officer Jail, and at least two specialist doctors from government hospitals.
However, the amendment excludes certain categories of prisoners from eligibility, including those sentenced to death, life imprisonment, offenses under the NDPS Act 1985, POCSO Act 2012, Negotiable Instruments Act 1881, Unlawful Activities (Prevention) Act 1967, the Terrorist and Disruptive Activities (Prevention) Act 1985, and others related to terrorism or cases investigated by the National Investigation Agency.
Previously, only life prisoners who had completed 14 years of their actual sentence were eligible for premature release, as per Rule 1251 of the Delhi Prison Rules 2018. The latest amendment extends this provision to disabled convicts above the age of 70 who are incapable of performing daily tasks, allowing for their premature release on the recommendations of the review committee.
The review committee will consider social inquiry reports, including victim feedback, and may seek opinions from medical institutions such as AIIMS. The Director General (Prisons) retains the discretion to reject a convict’s release, emphasising that release is not a right but subject to the committee’s recommendations.
The amendment represents a welcome step towards the early release of eligible prisoners, contributing to the humanitarian treatment of disabled and elderly individuals in Delhi jails. It is expected to significantly reduce the burden on the overcrowded prison system and align with efforts to build a new jail facility to address long-term capacity challenges.
