Why in news?

On November 5, President Droupadi Murmu released the report “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”, authored by the Supreme Court’s Centre for Research and Planning.

The report proposes various strategies to address prison overcrowding, including the use of electronic tracking for prisoners.

The Supreme Court ruled in July that bail conditions involving movement tracking violate the right to privacy. However, the report, along with recommendations from the Law Commission of India and the Parliamentary Standing Committee on Home Affairs, suggests that electronic tracking could be beneficial if implemented with proper safeguards.

What’s in today’s article?

• Electronic Monitoring of Prisoners
• Benefits of Electronic Tracking of Prisoners
• Lessons from the US: Challenges of Electronic Monitoring
• Privacy and Electronic Tracking

Electronic Monitoring of Prisoners

• About
  • Electronic monitoring (EM) of prisoners is a program that uses electronic devices to track the location and behavior of offenders.
  • EM is used to monitor offenders in a variety of situations, including:
    • House arrest: EM can be used to monitor offenders who are ordered to house arrest as a pre-trial condition.
    • Parole: EM can be used to monitor offenders who are released on parole.
    • Community sentences: EM can be used as part of a community sentence or suspended sentence order.
    • Early release: EM can be used to allow for the early release of prisoners.
• International adoption
• Countries like the US, UK, Canada, Malaysia, and Australia employ electronic tracking to alleviate prison congestion effectively.
• Indian legislative framework:
  • Model Prisons and Correctional Services Act, 2023: Introduced electronic tracking devices as a condition for granting prison leave.
  • Law Commission of India’s 2017 Report: Recognised the cost-saving and security benefits of electronic tagging while emphasising caution.

Benefits of Electronic Tracking of Prisoners

• Overcrowding in Indian Prisons
  • According to the NCRB, Indian prisons had an occupancy rate of 131.4% as of December 2022, with 5,73,220 inmates housed in facilities with a capacity of only 4,36,266.
  • Notably, 75.8% of the prisoners were undertrials.
• Cost-Effective Solution
  • The Prisons in India report highlights electronic monitoring as a cost-effective method to reduce prison overcrowding.
  • It cites Odisha's data, where the government spends Rs 1 lakh annually per undertrial prisoner, compared to Rs 10,000–15,000 for an electronic tracker.
• Parliamentary Support for Electronic Tracking
  • The 2023 Parliamentary Standing Committee on Home Affairs, in its report “Prisons – Conditions, Infrastructure and Reforms”, endorsed the use of ankle or bracelet trackers.
  • It emphasized their cost-effectiveness and potential to reduce the administrative burden of monitoring prisoners out on bail, minimizing the need for large staff involvement.
• Mental health benefits: Improves family contact and reduces stress from isolation.

Lessons from the US: Challenges of Electronic Monitoring

• E-Carceration and Its Impact
  • Studies in the US reveal that EM can function as "e-carceration," extending the punitive control of prisons into broader society.
  • As per a report, EM exacerbates government surveillance, criminalizing environments, particularly affecting marginalized communities.
• Overrepresentation of Marginalized Communities
  • In the US, communities of color are disproportionately affected by EM practices.
  • A parallel exists in India, where 68.4% of prisoners belong to Scheduled Castes, Scheduled Tribes, and Other Backward Classes, as per NCRB data, raising concerns of unequal impact.
• Financial Burden on Individuals
  • In the US, monitored individuals often bear the costs of EM, including setup fees ($100–$200) and daily charges ($3–$35).
  • While the Supreme Court’s report in India suggests the government would bear these costs, international practices reveal potential risks of shifting the financial burden to individuals.
• Stigma and Mental Health Concerns
  • Visible tracking devices like ankle bracelets can cause social stigma, isolation, and heightened stress, as noted in the Prisons in India report.
  • These devices may exacerbate depression and anxiety, discouraging compliance and raising questions about their humanitarian impact.

Privacy and Electronic Tracking

• Judicial Stance on Privacy Violation
  • On July 8, the Supreme Court struck down a bail condition by the Delhi High Court that required accused individuals to share their location via Google Maps.
  • The Bench of Justices Abhay S Oka and Ujjal Bhuyan ruled that such tracking violated the fundamental right to privacy under Article 21, emphasizing that investigative agencies cannot intrude into the private lives of individuals on bail.
• Consent and Human Rights Safeguards
  • The 2023 Parliamentary Standing Committee emphasized that electronic monitoring must be voluntary and consent-based to prevent human rights violations.
  • It suggested that inmates’ approval is necessary before implementing such measures.
• Recommendations by the 268th Law Commission
  • The Law Commission of India acknowledged the serious impact of electronic monitoring on constitutional rights.
  • It recommended that such measures be restricted to grave and heinous crimes and only for individuals with prior convictions for similar offences.
  • It also proposed amending criminal legislation to codify these safeguards.

Conclusion - Balancing Privacy and Monitoring

The discourse underscores the need for stringent safeguards, limited application, and respect for fundamental rights to ensure electronic tracking aligns with constitutional principles.