As Tihar Jail, the country’s largest prison, announced plans on 23 March 2020, to release on parole or interim bail some 3,000 inmates who are not “hardened criminals”, other prisons in the country may follow, having been directed by the Supreme Court (SC) to determine which categories of prisoners could be temporarily released to control the spread of COVID-19.
On 16 March 2020, the SC noted “a high risk of transmission of COVID-19 to prison inmates”, with prisoners, prison staff, families of prisoners and lawyers entering and leaving jails frequently, directing states and UTs to submit written replies on steps being taken to prevent the spread of the pandemic among prisoners and juveniles. On 23 March 2020, it suggested that prisoners convicted of or charged with offences involving jail terms of seven years or less could be considered for parole or interim bail.
The same day, the Delhi government told the Delhi High Court in response to a public interest litigation that it would amend rules to enable prisoners who had served a year of their sentence and undertrials who had been in jail for three months to avail of parole or furlough, in cases of specific offences.