Source: Indian Express  

Introduction 

The conversation around electronic tracking of prisoners in India has gained significant momentum, following the release of a report by the Supreme Court's Centre for Research and Planning titled "Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion" on 5th November 2024.  

• This report emerges against the backdrop of India's critical prison overcrowding crisis. 

What is the Core Matter? 

• India's prison system is experiencing severe overcrowding, with the National Crime Records Bureau reporting a 131.4% occupancy rate as of December 2022.  
• Strikingly, 75.8% of prisoners are undertrials, highlighting the urgent need for alternative approaches to traditional incarceration. 

What are the Potential Benefits of Using Electronic Tracking? 

• Cost-Effectiveness 
  • The report suggests electronic monitoring as a financially prudent solution.  
  • In Odisha, the government spends approximately Rs 1 lakh annually per undertrial prisoner, whereas an electronic tracker would cost merely Rs 10,000 to 15,000. 
• The Parliamentary Standing Committee on Home Affairs notes that electronic tracking could: 
  • Reduce administrative personnel required for monitoring 
  • Provide a more cost-effective prisoner tracking method 
  • Minimize human resource expenditure 

Significant Challenges in Using Electronic Tracking 

• Privacy and Human Rights Concerns 
  • The Supreme Court has previously struck down invasive tracking methods, emphasizing the fundamental right to privacy under Article 21 of the Constitution of India, 1950 (COI). 
• Potential issues include: 
  • Stigmatization of individuals wearing tracking devices 
  • Psychological stress and social isolation 
  • Potential overreach of surveillance, particularly affecting marginalized communities 

Systemic Risks in Using Electronic Tracking 

• The American Civil Liberties Union (ACLU) warns of "e-carceration" — an extension of punitive systems beyond physical prison walls. 
• In India, where 68.4% of prisoners belong to Scheduled Castes, Scheduled Tribes, and Other Backward Classes, there's a risk of disproportionately impacting vulnerable populations. 

Recommendations and Safeguards 

• The 268th Law Commission report and Parliamentary Standing Committee suggest critical safeguards. 
• Electronic monitoring should only be implemented with the explicit consent of the individual. 
• Restrict such measures to grave and heinous crimes 
• Implement only for individuals with prior convictions in similar offenses 
• Ensure minimal invasion of personal privacy and bodily autonomy 

Conclusion 

Electronic tracking presents a nuanced solution to India's prison overcrowding challenge. While offering potential cost savings and alternative detention methods, it must be implemented with rigorous safeguards protecting individual rights, privacy, and dignity. The path forward requires a delicate balance between addressing systemic inefficiencies and preserving fundamental constitutional protections.