The National Human Rights Commission (NHRC) has directed the director general (prisons) of all states and Union Territories to ensure that all eligible prisoners aged 70 years or above are registered for the Pradhan Mantri Ayushman Vaya Vandana Yojana, the government's health insurance scheme for senior citizens.
This directive follows a complaint brought before the NHRC, highlighting the need to make the scheme accessible to senior citizen prisoners. The commission, presided over by member Priyank Kanoongo, emphasized that the scheme should not exclude anyone meeting the age criteria, aligning with the government's intention for its flagship health insurance program. The NHRC has requested an action-taken report, including the number of prisoners linked to the scheme, within four weeks.
The Pradhan Mantri Ayushman Vaya Vandana Yojana aims to provide free healthcare coverage to senior citizens aged 70 years and above, irrespective of their economic status. It falls under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) and offers an annual health cover of up to Rs 5 lakh. The Union Cabinet approved the inclusion of senior citizens in September 2024 to make AB-PMJAY more inclusive, benefitting more than 6 crore elderly people in India.
The NHRC stressed that individuals in state custody retain their fundamental right to health, and the state is responsible for ensuring proper healthcare for all inmates. To support this point, the commission cited the Supreme Court's assertion that providing medical aid to inmates is a right under Article 21 of the Constitution.
This initiative aligns with broader efforts to address the needs of elderly prisoners. The Union government, in the Ministry of Home Affairs (MHA), issued a circular on July 1, 2025, directing state governments and union territory administrations to provide special and accessible accommodation in prisons and correctional institutions for elderly prisoners, considering their physical limitations. This decision was partly influenced by the death of Father Stan Swamy in 2021, an elderly priest who was incarcerated and allegedly denied proper geriatric healthcare.
The MHA circular also emphasizes the importance of dietary requirements tailored to the challenges of advanced age and ensuring adequate healthcare facilities, including mental healthcare services, are available in prisons. Prison staff are to be sensitized and briefed on these aspects.
These measures reflect a growing awareness of the vulnerabilities of elderly prisoners. According to Prison Statistics India 2022, a significant percentage of convicts and undertrial prisoners are aged 50 years and above. The Model Prisons & Correctional Services Act, 2023, recognizes the vulnerability of old and infirm prisoners and advocates for their separate lodging.
The Supreme Court has also weighed in on the matter, observing that prisoners are entitled to fundamental rights, including the right to health. The court suggested that the government should care for elderly prisoners who are not eligible for remission, proposing the establishment of old-age homes within jails or open jails where family members can provide care.
The NHRC's focus on health insurance for elderly prisoners is part of its broader mandate to protect the human rights of vulnerable groups. The commission has been actively involved in advocating for the rights of the elderly, including their right to health, and has made recommendations to government bodies to improve their welfare.
