Electronic Tracking of Undertrials on Bail

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