NATIONAL LEGAL SERVICES AUTHORITY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The manner in which a constitutional democracy treats those who find themselves in positions of heightened vulnerability within its institutional framework is often the clearest reflection of its commitment to the rule of law and human dignity. Prisons, though instruments of lawful confinement, are not spaces where constitutional values are suspended. The guarantees of dignity, fairness and humane treatment continue to operate with full force even behind prison walls, where the power of the State is exercised in its most intrusive form and the vulnerability of individuals is at its highest.

(3.) The instant writ petition has been instituted by National Legal Services Authority [ Hereinafter, being referred to as "NALSA".], under Article 32 of the Constitution of India raising grave and systemic concerns regarding the continued incarceration of convicted prisoners who are of advanced age (above 70 years) or are terminally ill. The petition highlights that despite their severely deteriorating health conditions and the manifest inadequacy of medical and caregiving facilities within prisons, such prisoners continue to remain confined, resulting in prolonged physical suffering and erosion of human dignity. It is contended that this state of affairs amounts to a direct infringement of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India.