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
- Prison Decongestion:
By allowing undertrials to be monitored outside of prison, electronic tracking can significantly reduce overcrowding in jails. - 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. - Administrative Efficiency:
Reduces the need for extensive prison staff, improving resource allocation and operational efficiency. - Rehabilitation Support:
Enables undertrials to maintain social connections and employment, facilitating smoother reintegration into society. - 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
- 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. - Risk of ‘E-Carceration’:
Studies warn that electronic monitoring could extend the negative impacts of incarceration, especially on marginalized communities. - 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. - Social Stigma:
Visible tracking devices can lead to social isolation, anxiety, and stress, further complicating the individual’s reintegration into society. - 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. - Human Rights and Ethical Issues:
There is a risk of misuse, necessitating the informed consent of individuals and strict adherence to human rights norms. - Technological Reliability:
Malfunctions or inaccuracies in the tracking system can undermine its effectiveness, leading to legal and administrative challenges.
Way Forward
- Balancing Privacy and Security:
Establish legal safeguards and regular audits to protect privacy while ensuring the effectiveness of monitoring systems. - Informed Consent:
Make electronic monitoring voluntary, ensuring individuals are fully informed about the process and their rights. - Judicial Oversight:
Restrict the use of electronic tracking to serious cases and repeat offenders, with appropriate judicial supervision to prevent misuse. - Financial Support:
Provide subsidies for economically disadvantaged individuals to ensure equitable access to electronic monitoring systems. - 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.
[box] “Evaluate the potential of electronic monitoring of undertrials as a solution to prison overcrowding in India, highlighting its benefits and challenges.”
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