Covid-19: Medha Patkar files PIL in SC for release of septuagenarian prisoners amid pandemic

In India, 88% of Covid deaths are in the age group of 45 years and above, the plea stated

A PIL has been filed in the Supreme Court by noted activist Medha Patkar for decongesting jails across the country by adopting a uniform mechanism to release inmates above 70 years of age, in view of the prevailing Covid-19 pandemic.

In her plea, she contended that the High Powered Committee (HPC), formed by each state after the top court issued directions suo motu last year, has not taken into account the categorisation 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 or elderly prisoners, who have a higher chance of getting infected, specifically septuagenarian prisoners, i.e., above 70 years," her petition, drafted by advocate S B Talekar and filed by advocate Vipin Nair, said.

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However, HPCs of some of the states have over-emphasised the law-and-order considerations as against health and thus overlooked the need for release of elderly prisoners. Except the states of Madhya Pradesh, Mizoram, Bihar, Haryana and Maharashtra, none of the others have considered release of elderly prisoners in the wake of Covid-19, her plea claimed.

The total number of inmates above the age of 70 years in all prisons, except for Maharashtra, Manipur and Lakshadweep, as on May 16, 2021 as per National Prisons Information Portal is 5,163.

In India, 88% of Covid-19 deaths are in the age group of 45 years and above, the petition further stated.

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Patkar sought a direction to states to take immediate steps for the release of prisoners above 70 years of age, either on interim bail or emergency parole, to safeguard their interest or shift them to uncongested prisons with adequate medical facilities.

She pointed out the WHO declared that Covid-19 caused higher mortality among older persons. Further, the Imperial College, London Covid-19 Response Team has reported that symptomatic individuals in their seventies are twenty times more likely to require hospitalisation than those in their twenties.

"Elderly prisoners are not only highly susceptible to the infection but also need additional care, support, and different treatment, while the conditions of the prisons are not good enough to cater to their special needs," her plea stated.