Electronic Monitoring of Prisoners: Benefits and Concerns

Why in the news?

The Supreme Court’s recent report on overcrowding in India’s prisons suggests electronic monitoring as a solution. However, concerns about privacy, social stigma, and human rights violations are being debated, with both advantages and challenges highlighted.

Electronic Monitoring of Prisoners: Benefits and Concerns

The Case for Electronic Monitoring:

  • Overcrowded Prisons: As of December 2022, India’s prisons were over 131% full, with 5,73,220 inmates against a capacity of 4,36,266. Over three-quarters of these were undertrials.
  • Cost-Effective Alternative: Electronic monitoring, such as using ankle or bracelet trackers, is proposed as a solution to decongest jails. For example, Odisha spends around Rs 1 lakh annually per undertaking, while tracking costs just Rs 10,000-15,000.
  • Operational Benefits: Electronic monitoring could reduce administrative costs by requiring fewer human resources to monitor those out on bail.

Global Concerns and Privacy Issues:

  • E-Carceration Concerns: Studies, like those by the ACLU, suggest that electronic monitoring can be a form of “e-carceration,” expanding the punitive reach of the prison system beyond its physical walls. It raises concerns about over-surveillance and oppressive environments, especially for marginalized communities.
  • Privacy Violations: The Supreme Court of India ruled that tracking devices imposed on accused persons without their consent violate their fundamental right to privacy under Article 21 of the Constitution. Tracking should be voluntary and based on consent.

Challenges and Recommendations:

  • Stigma and Resistance: Wearing electronic monitoring devices may lead to social stigma and perceptions of invasive surveillance.
  • Consent and Safeguards: Reports suggest that electronic monitoring should be voluntary, with proper consent from the individual. Moreover, it should only be applied in serious cases, with safeguards to avoid human rights violations.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times