Answer

Electronic tracking for prisoners involves the use of GPS-enabled ankle bracelets or similar devices to monitor offenders outside prison facilities. This technology aims to alleviate overcrowding, a persistent issue in India’s jails, by facilitating parole, probation, and house arrest. However, its implementation poses challenges, including privacy concerns, technical reliability, and ensuring effective legal and operational frameworks.

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Potential Benefits of Electronic Tracking for Prisoners in India

• Reduction in Prison Overcrowding: Electronic tracking can allow eligible undertrial prisoners to be monitored outside jail, thus reducing the burden on overcrowded prisons.
  For example: With an occupancy rate of 131.4% as of December 2022, electronic tracking could alleviate the need for physical prison space for many undertrials.
• Cost-Effective Alternative to Incarceration: The cost of electronic tracking devices is significantly lower than maintaining a prisoner in jail.
  For example: Odisha spends approximately ₹1 lakh per undertrial annually, whereas a tracking device costs around ₹10,000–₹15,000.
• Efficient Use of Administrative Resources: Reduces the need for extensive manpower for supervising prisoners granted bail, allowing staff to focus on more critical tasks.
  For example: The Parliamentary Standing Committee highlighted that electronic trackers can reduce dependency on human resources for monitoring.
• Increased Chances for Rehabilitation: Undertrial prisoners can reintegrate with society while being electronically monitored, enhancing their prospects for rehabilitation.
  For instance: Prisoners can resume work or education, contributing to societal productivity while awaiting trial.
• Improved Legal Compliance and Accountability: Ensures that prisoners comply with court-ordered restrictions while minimizing escape risks.
  For instance: Courts and law enforcement agencies can use tracking data to ensure adherence to bail conditions.

Challenges Associated with Its Implementation

• Privacy Concerns: Electronic tracking can infringe on the right to privacy under Article 21 of the Constitution.
  For example: The Supreme Court struck down a bail condition involving GPS tracking as a violation of privacy.
• Social Stigma and Mental Health Impact: Wearing visible tracking devices can lead to social stigma, anxiety, and depression.
  For example: The American Civil Liberties Union (ACLU) reported cases where individuals faced isolation and heightened stress due to ankle monitors.
• Potential for Misuse and Overreach: Without proper regulations, electronic monitoring may be overused or imposed in cases where it is unnecessary.
  For example: In the U.S., electronic monitoring often leads to ‘e-carceration,’ expanding punitive control beyond physical prisons.
• Financial Burden on Individuals: If costs are passed onto monitored individuals, it could disproportionately affect marginalized communities.
  For example: In the U.S., daily charges of $3–$35 for monitoring devices have placed financial stress on the accused.
• Technical and Operational Issues: Dependence on technology raises concerns about device malfunction, data breaches, and lack of infrastructure.
  For instance: Power outages or network failures could compromise the effectiveness of electronic monitoring systems.

Way Forward

• Voluntary Participation with Inmate Consent: Ensure that electronic monitoring is implemented only with the informed consent of the prisoner.
  For instance: The 2023 Parliamentary Standing Committee recommended voluntary participation to prevent human rights violations.
• Targeted Implementation for Severe Cases: Limit electronic monitoring to heinous crimes or repeat offenders to balance security needs and privacy.
  For example: The 268th Law Commission report advises using electronic tracking only for grave offenses.
• Establish Robust Legal Frameworks: Introduce clear guidelines and regulations to protect privacy, ensure accountability, and prevent misuse.
  For instance: Amend criminal laws to outline specific circumstances and procedural safeguards for electronic monitoring.
• Government Should Bear Costs: Ensure the government funds electronic tracking devices to avoid financial strain on economically weaker prisoners.
  For instance: The Supreme Court’s report recommends state funding to prevent exploitation.
• Comprehensive Awareness and Rehabilitation Programs: Educate prisoners and society about the benefits of electronic monitoring while integrating rehabilitation support.
  For example: Conduct awareness campaigns and counseling sessions to reduce stigma and promote acceptance of electronic monitoring.

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While electronic tracking offers a promising solution to prison overcrowding in India, its success depends on robust legal frameworks, technological reliability, and safeguarding individual rights. By addressing these challenges, the system can ensure effective rehabilitation, reduce recidivism, and enhance public safety, promoting a more humane and efficient criminal justice system aligned with constitutional values.

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