Police Reforms – SC directives, NPC, other committees reports

Electronic tracking of undertrials on bail: benefits and challenges

Explained | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters
Note4Students

From UPSC perspective, the following things are important :

Mains level: Issues related to Prison;

Why in the News?

President Droupadi Murmu unveiled the Supreme Court’s Centre for Research and Planning report, Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion, highlighting electronic prisoner tracking to tackle overcrowding.

What are the key finding of the report? 

  • Addressing Overcrowding: The report highlights the critical issue of overcrowding in Indian prisons, which had an occupancy rate of 131.4% as of December 2022, with a significant number of inmates being undertrials (75.8%). It proposes that electronic tracking could serve as a cost-effective alternative to incarceration, allowing for the release of low and moderate-risk prisoners while ensuring compliance with legal conditions.
  • Implementation Recommendations: The report suggests initiating pilot programs for electronic monitoring, specifically targeting undertrial prisoners who exhibit good behavior. This phased approach aims to assess community readiness and the feasibility of broader implementation while ensuring that such measures respect individual rights and privacy concerns.

What are the benefits of electronic tracking of people out of prison on bail? 

  • Reduction in Overcrowding: Electronic tracking can significantly alleviate prison overcrowding. With Indian prisons operating at an occupancy rate of 131.4% as of December 2022, implementing electronic monitoring for low and moderate-risk undertrials could free up space and resources.
  • Cost-Effectiveness: The financial implications are substantial; for instance, the annual cost of maintaining a single undertrial prisoner in Odisha is around Rs 1 lakh, while the cost of an electronic tracker is estimated to be between Rs 10,000 to Rs 15,000. This shift could lead to considerable savings in prison management costs.
  • Improved Rehabilitation: Allowing undertrials to remain in the community while monitored electronically supports their rehabilitation. It enables them to continue education and work, thereby maintaining family connections crucial for reintegration into society.
  • Enhanced Monitoring: Electronic tracking provides a reliable method to ensure compliance with release conditions, reducing the risk of absconding or re-offending.

What are the present challenges in India?

  • Privacy Concerns: The use of electronic monitoring raises significant privacy issues. Continuous surveillance can be perceived as intrusive and may infringe on individuals’ fundamental rights, as highlighted by recent Supreme Court rulings against invasive bail conditions.
  • Technical Reliability: The effectiveness of electronic tracking systems depends on the technology’s reliability. Issues such as device malfunctions or signal loss can undermine the monitoring process.
  • Human Rights Risks: There is a potential for misuse or overuse of electronic tracking, leading to human rights violations. Clear guidelines and safeguards are essential to prevent abuse of this technology.
  • Stigmatisation: Individuals may face social stigma associated with wearing electronic tracking devices, which can exacerbate feelings of isolation and mental health issues.
  • Implementation Costs: While the initial costs may be lower than incarceration, establishing a comprehensive electronic tracking system requires significant investment in technology and training for law enforcement personnel.

What are the lessons from other countries?

  • E-Carceration Concerns: In the United States, electronic monitoring has been criticized as a form of ‘e-carceration’, extending punitive measures beyond physical jails and potentially creating oppressive environments, particularly for marginalized communities.
  • Cost-Bearing Issues: In some jurisdictions, costs associated with electronic monitoring are borne by the monitored individuals rather than the government, leading to additional financial burdens that could deter participation in such programs.
  • Community Impact: Studies show that over-reliance on electronic monitoring can disproportionately affect specific demographics, similar to how marginalized groups are overrepresented in prison populations in India.

Way forward: 

  • Balancing Privacy and Efficiency: Implement clear guidelines and legal safeguards to ensure electronic tracking respects privacy and prevents misuse. Regular audits and judicial oversight can mitigate potential human rights violations.
  • Equitable and Scalable Implementation: Subsidize costs for underprivileged individuals and invest in reliable technology and training for law enforcement. Pilot programs can identify best practices before nationwide adoption.

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