The Supreme Court of India on Friday directed the newly formed Jammu & Kashmir union territory government to frame a policy for the premature release of prisoners.

The Supreme Court directed the Jammu & Kashmir administration to develop a policy on the premature release of prisoners after a former security personnel who was convicted of killing three colleagues in 2006 sought early release. The security personnel, who has been in prison for over 18 years, argued for his release. However, the Jammu & Kashmir government declined the request, citing a lack of premature release policy in the jurisdiction. The court directed the Union Territory to work with the competent authority, develop a policy and submit a compliance report.

The National Legal Services Authority (NALSA) has also implemented guidelines in the form of Standard Operating Procedures (SOP) for the premature release, parole, and furlough of prisoners, to improve transparency and consistency in prisoner release processes. NALSA is an Indian government body that provides free legal services and promotes access to justice for marginalized communities.

The SOP outlines how to identify eligible prisoners, prepare necessary documentation, and expedite applications. It requires quarterly reviews and collaboration between legal aid agencies and prison officials to help prisoners reintegrate. The SOP emphasizes official training, digital record-keeping, and timely legal aid to ensure that convicts receive adequate assistance during the premature release and post-release rehabilitation phases.

Similarly, India’s National Human Rights Commission (NHRC) has also issued guidelines to standardize the premature release of life prisoners in Indian states and Union Territories. According to these guidelines, prisoners may be considered for early release after 14 years of actual imprisonment, but decisions are based on factors such as behavior and societal reintegration potential.

However, special rules apply to prisoners convicted of heinous crimes, who may face a 20-year sentence with a possible extension of up to 25 years, depending on the severity of the offense.

Union Territories in India are regions governed directly by the central government, with limited self-governance compared to states. Jammu & Kashmir, earlier a state, was turned into a union territory in 2019, with its first election being held in 2024 to form the union territory government.