The Supreme Court’s Centre for Research and Planning released a report titled “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion.”
- Discusses electronic tracking of prisoners to address overcrowding and improve reformation.
Pros of Electronic Monitoring of Prisoners
- Reduces Overcrowding in Prisons
- Alleviates the burden on overcrowded prisons, as most inmates are undertrials.
- Cost-Effective
- Saves approximately ₹10,000 to ₹15,000 per prisoner per month compared to physical incarceration.
- Enhances Efficiency
- Frees up administrative and human resources required for managing undertrials.
- Improves Surveillance
- Provides continuous tracking, ensuring accountability and reducing the risk of escape.
- Enables Conditional Freedom
- Allows prisoners on bail or parole to maintain connections with society while being monitored.
- Focus on Rehabilitation
- Facilitates reintegration into society, as prisoners can live in familiar environments while being tracked.
- Global Precedent
- Widely implemented in countries like the US, demonstrating its viability as an alternative to physical incarceration.
Cons of Electronic Monitoring of Prisoners
- Violation of Privacy
- Intrusive surveillance may infringe on prisoners’ fundamental rights, particularly the right to privacy under Article 21.
- Social Stigma
- Visible tracking devices can lead to discrimination and social isolation, affecting reintegration.
- Economic Burden on Individuals
- If costs are borne by individuals, as in the US, it can create financial hardships for marginalized communities.
- Limited Accessibility
- Requires robust technological infrastructure, which may be challenging in remote or resource-poor regions.
- E-Carceration Concerns
- Critics argue it merely replaces physical jails with digital incarceration, perpetuating the punitive model.
- Disproportionate Impact on Marginalized Groups
- Communities like Scheduled Castes and Scheduled Tribes, already overrepresented in prisons, may face further surveillance.
- Risk of Misuse
- Without proper safeguards, electronic monitoring could lead to abuse, excessive surveillance, or harassment.
- Potential for Errors
- Technological malfunctions or incorrect data could unfairly penalize individuals under monitoring.
- Ethical Concerns
- Raises questions about whether it treats individuals as mere data points rather than addressing their rehabilitation needs.
Recommendations and Safeguards
- Voluntary Implementation:
- Use tracking devices only with the consent of inmates to ensure dignity.
- Strict Regulations:
- The 268th Report of the Law Commission of India suggests measures to safeguard privacy and mitigate stigma.
- Rehabilitation Focus:
- Electronic monitoring must balance surveillance with opportunities for reformation and reintegration.
