Medha Patkar moves SC seeking release of prisoners aged 70 and above

Social activist Medha Patekar has filed a plea in the Supreme Court, seeking directions to the states and Union Territories to release prisoners aged above 70 years on interim bail or emergency parole to protect them from contracting Covid-19.

New Delhi: Social activist Medha Patkar has moved the Supreme Court seeking directions to the states and Union Territories to release prisoners aged above 70 years on interim bail or emergency parole to protect them from contracting Covid-19. To those who won't be willing to shift, she has asked for directions to shift them to the most uncongested prisons and preferably with medical facilities.

Last year the apex court had asked the states and UTs to form a High Powered Committee which would decide on the criteria of prisoners to be released. But Patekar contends that they are not considering the old age of the prisoners who have higher mortality among other persons.

Petitioner says that as per the data collected by WHO, 64% of Covid-19 cases were between the age of 25 to 64 years. The Imperial College of London reported that people in their seventies are twenty times more likely to require hospitalisation than those in their twenties. United Nations Population Fund has highlighted the vulnerability of older people to the virus and the Health Ministry has also issued advisory for elderly people.

Patkar contends that all the central prisons are densely packed as compared to their official sanctioned capacity and there is every possibility that elderly prisoners fall prey to the infection. Detailing different criteria given by different HPCs of states, the petition says that "there seems to be no uniform criteria adopted by the states to decongest the prisons where aged/elderly prisoners are undergoing their sentence of imprisonment".

As per the Prisons statistics in India, 2019, published by NCRB the sanctioned strength of medical staff stands at 3,320 but the actual strength stands only at 1962 as on 31st December 2019. The number of prisoners was 4,78,000 at that time. Moreover, the medical staff which would otherwise be available is occupied with taking care of those who are infected and there is nobody to take care of the elderly.

Apart from the congestion in prisons, the petition also highlights the psychological disorders to which elderly prisoners are more susceptible due to the restriction of family members and the panic atmosphere.

Citing International studies in Recidivism of prisoners released in 1994: A special report, the petitioner says that "chances of law and order situation on account of the release of elderly prisoners are less, as the tendency to indulge in repeated offences reduces at such an age" and hence they can be considered for release.