Use of Electronic Tracking Devices For Undertrial Prisoners in India

Syllabus: GS2/Judiciary

Context

• Recently, the Supreme Court’s Centre for Research and Planning has released a report advocating for the use of electronic tracking devices for undertrial prisoners in India.

Undertrial Prisoners in India

• Undertrial prisoners are those who are in judicial custody while awaiting trial. Despite being presumed innocent until proven guilty, many of these individuals spend years in prison due to prolonged legal procedures and their inability to afford bail. 
• The Supreme Court of India, in various landmark judgments, has reiterated the need for timely trials and the release of undertrials who have served half of their maximum possible sentence.
• Section 436A of the Code of Criminal Procedure (CrPC), 1973 mandates the release of undertrials who have served more than half of the maximum sentence for their alleged offence.

Overcrowding Crisis in Indian Prisons

• As of December 31, 2022, Indian prisons had an occupancy rate of 131%, with 5,73,220 inmates against a capacity of 4,36,266.
  • Notably, 75.7% of these inmates are undertrial prisoners. 
• This overcrowding not only strains the prison infrastructure but also hampers the rehabilitation and reformation processes.

Proposal of the Supreme Court

• Electronic Tracking Devices: A recent report by the Supreme Court, titled ‘Prisons in India – Mapping Prison Manuals and Measures for Reformation and Decongestion’ suggests that electronic monitoring could initially be implemented for low and moderate-risk UTPs with good conduct, who may be released on prison leaves like parole or furlough.
  • This phased approach aims to assess community readiness and the feasibility of broader use of electronic tracking.

Global Practices and Legal Context

• Countries like the United States, Canada, the United Kingdom, Malaysia, and Australia have successfully implemented electronic tracking to manage prison populations.
• In India, the Model Prisons and Correctional Services Act, 2023, introduced the use of electronic tracking devices as a condition for granting prison leave.

Key Advantages of Electronic Tracking of Undertrial Prisoners

• Reduction in Overcrowding: One of the primary benefits of electronic tracking is the potential to significantly reduce prison overcrowding.
  • By allowing low and moderate-risk undertrials to be monitored electronically, prisons can free up space and resources.
• Cost-Effective: Implementing electronic tracking can be more cost-effective compared to the expenses incurred in maintaining a large prison population.
  • It reduces the need for additional prison infrastructure and the associated costs of housing and feeding inmates.
• 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.
• Enhanced Monitoring: Electronic tracking provides a reliable way to monitor the movements of undertrials, ensuring they comply with the conditions of their release.
  • It can help in reducing the risk of absconding and re-offending.

Key Concerns

• Privacy Issues: One of the major concerns with electronic tracking is the potential invasion of privacy.
  • Continuous monitoring can be seen as intrusive and may violate the fundamental rights of individuals.
• Technical Challenges: The effectiveness of electronic tracking depends on the reliability of the technology.
  • Issues such as device malfunctions, signal loss, and tampering can undermine the system’s effectiveness.
• Human Rights Concerns: There is a risk that electronic tracking could be misused or overused, leading to human rights violations.
  • It is crucial to have clear guidelines and safeguards to prevent abuse.
• Implementation Challenges: The successful implementation of electronic tracking requires significant investment in technology and training for law enforcement personnel.
  • Additionally, there needs to be a robust legal framework to support its use.

Other Reforms Related To India’s Undertrial Prisoner System

• Bail Law Reforms: The Supreme Court has highlighted the need for comprehensive bail law reforms. In the case of Satender Kumar Antil vs CBI, the Court provided guidelines for timely disposal of bail applications and emphasised the principle of ‘bail not jail’.
  • However, effective implementation requires a deeper understanding of the socio-economic barriers that prevent undertrials from securing bail.
• Legal Aid and Representation: Ensuring adequate legal representation for undertrial prisoners is crucial.
  • The Supreme Court panel recommended having at least one lawyer for every 30 prisoners to expedite legal processes and reduce the number of undertrials.
  • Strengthening district legal service authorities can also play a significant role in providing timely legal aid.
• Judicial and Administrative Efficiency: Addressing the backlog of cases through judicial reforms is essential. Increasing the number of judges and improving court infrastructure can help expedite trials and reduce the duration of pretrial detention.
  • Additionally, implementing guidelines to prevent arbitrary arrests can minimise unnecessary detentions.

Conclusion

• The use of electronic tracking devices for undertrial prisoners in India represents a significant step towards modernising the correctional system and addressing the chronic issue of prison overcrowding. 
• While there are challenges to be addressed, the potential benefits in terms of cost savings, improved prison conditions, and better rehabilitation outcomes make it a promising solution. 
• As India moves forward with pilot programs, it will be crucial to balance security needs with the protection of civil liberties to ensure the success of this initiative.

Source: TH