Why in News?

India's prison system faces acute challenges, particularly overcrowding, which hinders the efficiency of correctional facilities.

A recent report by the Supreme Court’s Centre for Research and Planning has proposed using electronic tracking devices to address this issue, marking a potential shift in India’s correctional framework.

What’s in Today’s Article?

• Statistics on Overcrowding of Prisons in India
• Key Recommendations in the Report on Prisons in India
• Global Practices and Indian Legal Context on Electronic Monitoring of Prisoners
• Benefits of Electronic Tracking of Prisoners
• Concerns and Safeguards for Electronic Tracking of Prisoners
• Conclusion

Statistics on Overcrowding of Prisons in India:

• As of December 31, 2022, India’s prisons had a 131% occupancy rate with 5,73,220 inmates against a capacity of 4,36,266.
• Undertrial prisoners (UTPs) constitute 75.7% of the total inmate population, amplifying the overcrowding crisis.

Key Recommendations in the Report on Prisons in India:

• The report titled "Prisons in India - Mapping Prison Manuals and Measures for Reformation and Decongestion" was recently released by the President of India.
• It recommends -
  • A phased implementation of electronic monitoring for releasing UTPs to ease prison overcrowding.
  • The target group in the initial phases will be low and moderate-risk UTPs with good conduct.
• The phased implementation will assess community readiness and the feasibility of electronic tracking for broader use.

Global Practices and Indian Legal Context on Electronic Monitoring 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.
• Judicial developments:
  • Courts have imposed location-tracking as bail conditions in select cases.
  • The Supreme Court recently disapproved of constant surveillance of bailed individuals, underscoring the need for clear guidelines to balance security and privacy.

Benefits of Electronic Tracking of Prisoners:

• Prison decongestion: Reduces inmate numbers while maintaining oversight.
• Mental health benefits: Improves family contact and reduces stress from isolation.
• Cost-effectiveness: Cuts expenses associated with maintaining high incarceration rates.
• Rehabilitation incentives: Encourages good conduct by linking it with parole or furlough opportunities.

Concerns and Safeguards for Electronic Tracking of Prisoners:

• Risks of misuse:
  • Universal application could lead to misuse, infringing on civil liberties.
  • Potential operational challenges in ensuring equitable implementation.
• Recommendations for ethical use:
  • Clear guidelines for implementation to prevent undue violation of prisoners’ rights.
  • Strict safeguards to protect against misuse while achieving the goal of decongestion.

Conclusion:

• Though experts praise tracking devices for easing prison burdens and mitigating mental stress among prisoners, they also warn against universal application, citing risks of misuse and ineffectiveness in some cases.
• The use of electronic tracking devices presents a promising solution to India’s prison overcrowding crisis.
• However, its success hinges on a cautious and well-regulated approach that balances technological benefits with respect for individual rights.