Syllabus: GS2/Polity & Governance
Context
- President Droupadi Murmu released a report titled “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”.
- It suggested a variety of measures to address overcrowding in prisons, including a section titled “Electronic Tracking of Prisoners”.
About
- According to the National Crime Records Bureau (NCRB), prisons in India suffer from significant overpopulation with a 131.4% occupancy rate in 2022.
- In addition, 75.8% of prisoners in India are undertrials.
- The electronic monitoring could prove to be a cost-effective method to decongest jails in India.
Advantages of Electronic Tracking of Undertrial Prisoners
- Reduction in Overcrowding: By allowing low and moderate-risk undertrials to be monitored electronically, prisons can free up space.
- Cost-Effective: It reduces the need for additional prison infrastructure and the associated costs of housing and feeding inmates.
- Protection of Rights: Undertrials are presumed innocent until proven guilty. Electronic tracking ensures that their rights are respected by allowing them to stay at home or in a less restrictive environment while still being monitored.
- Improved Rehabilitation: Undertrials who are released with electronic tracking can continue their education, work, and maintain family ties, which are crucial for their rehabilitation and reintegration into society.
- Efficient Monitoring: Electronic devices such as GPS trackers allow for continuous and real-time monitoring of undertrials, ensuring compliance with bail conditions and reducing the risk of flight.
Challenges
- Privacy Issues: Constant surveillance through electronic devices raises concerns about the violation of personal privacy.
- Technical Challenges: Issues such as device malfunctions, signal loss, and tampering can undermine the system’s effectiveness.
- Stigmatisation: There is also the possibility of stigma that comes with visible ankle or bracelet devices.
- Some individuals may resist wearing tracking devices due to concerns about social stigma or a perception of invasive surveillance.
Way Ahead
- The 268th Law Commission report acknowledges the grave and significant impact on constitutional rights that such a measure might have.
- It suggests that such monitoring must be used only in grave and heinous crimes, where the accused person has a prior conviction in similar offences and states that criminal legislations should be amended accordingly.
- There is a need for careful planning, adequate resources, and legal safeguards to ensure that electronic tracking systems are implemented effectively and ethically in India.
Source: IE
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