Electronic Monitoring of Undertrials: A Solution to Prison Overcrowding?

A recent report on Indian prisons highlights the potential of electronic tracking as a strategy to address overcrowding, with jails operating at 131.4% capacity as of December 2022. Notably, 75.8% of inmates were undertrials, underscoring the urgent need for alternative solutions.

Benefits of Electronic Tracking

1. Prison Decongestion:
   By allowing undertrials to be monitored outside of prison, electronic tracking can significantly reduce overcrowding in jails.
2. Economic Viability:
   The annual cost of electronic monitoring per undertrial ranges between ₹10,000 and ₹15,000, making it a more affordable option compared to traditional incarceration.
3. Administrative Efficiency:
   Reduces the need for extensive prison staff, improving resource allocation and operational efficiency.
4. Rehabilitation Support:
   Enables undertrials to maintain social connections and employment, facilitating smoother reintegration into society.
5. Compliance with Bail Conditions:
   Ensures that undertrials adhere to legal requirements, reducing the likelihood of re-offending and improving overall public safety.

Challenges and Concerns

1. Privacy Issues:
   Mandatory electronic monitoring may infringe upon the right to privacy. For instance, a Delhi High Court case raised concerns about foreign nationals subjected to such monitoring, highlighting potential privacy violations through additional measures like drug tests or home searches.
2. Risk of ‘E-Carceration’:
   Studies warn that electronic monitoring could extend the negative impacts of incarceration, especially on marginalized communities.
3. Financial Burden:
   In countries like the U.S., individuals often bear the cost of electronic monitoring, leading to financial stress. Similar concerns may arise in India, particularly for economically disadvantaged undertrials.
4. Social Stigma:
   Visible tracking devices can lead to social isolation, anxiety, and stress, further complicating the individual’s reintegration into society.
5. Community Disparities:
   Marginalized communities, such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), already overrepresented in Indian prisons, may disproportionately face the negative effects of electronic monitoring.
6. Human Rights and Ethical Issues:
   There is a risk of misuse, necessitating the informed consent of individuals and strict adherence to human rights norms.
7. Technological Reliability:
   Malfunctions or inaccuracies in the tracking system can undermine its effectiveness, leading to legal and administrative challenges.

Way Forward

1. Balancing Privacy and Security:
   Establish legal safeguards and regular audits to protect privacy while ensuring the effectiveness of monitoring systems.
2. Informed Consent:
   Make electronic monitoring voluntary, ensuring individuals are fully informed about the process and their rights.
3. Judicial Oversight:
   Restrict the use of electronic tracking to serious cases and repeat offenders, with appropriate judicial supervision to prevent misuse.
4. Financial Support:
   Provide subsidies for economically disadvantaged individuals to ensure equitable access to electronic monitoring systems.
5. Mental Health Support:
   Address the psychological impacts of electronic tracking by offering counseling and support services to reduce stigma and stress.

By addressing these challenges, electronic monitoring can become a viable alternative to incarceration, promoting both decongestion of prisons and better rehabilitation of undertrials.