Prison tag

The Supreme Court of India’s Centre for Research and Planning has proposed the introduction of electronic tracking for prisoners granted parole or furlough as a potential solution to decongest overcrowded prisons. The idea has been discussed in the Model Prisons and Correctional Services Act, 2023, which allows for the use of electronic tracking devices for prisoners who are granted leave. The growing prison congestion and the rising number of undertrials have prompted this suggestion, but concerns regarding privacy and human rights remain.

Concerns Over Implementation

• Lack of Guidelines for Deployment: The proposal to use electronic trackers on undertrials facing non-heinous charges faces criticism for the absence of clear guidelines on when and how this technology should be used. The lack of standards raises concerns about the potential violation of prisoners' rights.
• Privacy and Rights Concerns: Earlier this year, the Supreme Court disapproved of bail conditions that infringed upon an accused’s right to privacy, specifically regarding the sharing of location data on Google Maps. This suggests the need for caution while using electronic tracking to ensure that it doesn’t violate privacy rights.
• Balancing Surveillance and Civil Liberties: Despite the concerns, there is support for using cost-effective devices with consent to reduce administrative costs and address prison overcrowding. Bail conditions could be adjusted to allow electronic tracking without violating basic rights if done with proper consent and legal safeguards.

Potential Benefits and Global Practices

• Addressing Prison Overcrowding: India’s prisons are operating at 4% capacity, with over 573,220 prisoners as of December 31, 2022. Implementing electronic tracking can help decongest prisons by offering an alternative to traditional detention, particularly for low-risk offenders and undertrials.
• Use of Tracking Technology Globally: Several jurisdictions worldwide have adopted electronic tracking to monitor certain categories of offenders. These devices not only help in reducing prison occupancy but can also ensure that released prisoners do not engage in criminal activities or approach victims, ensuring public safety.
• Reducing Stigma through Compact Devices: To reduce potential stigma associated with wearing tracking devices, the compact size and low visibility of the trackers can be emphasized. This approach can encourage more prisoners to accept the technology as a condition for parole or furlough, improving compliance.

Practice Question:

In light of the Supreme Court’s research report on electronic tracking of prisoners, evaluate the pros and cons of using such technology in decongesting prisons while balancing the right to privacy and public safety. Suggest measures to ensure its effective and ethical implementation.