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Electronic tracking of undertrials on bail
Context:
Recently , President Droupadi Murmu released a report titled “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”. The report, authored by the Supreme Court’s Centre for Research and Planning, suggests a variety of measures to address overcrowding in prisons, including a section titled “Electronic Tracking of Prisoners”.
State of Prisons in India: Overcrowding and Undertrial Issues:
- Indian prisons are grappling with severe overcrowding, with an occupancy rate of 131.4% as of December 2022. This issue is exacerbated by the high number of undertrials—individuals arrested but not yet convicted—who constitute 75.8% of the total prison population.
- Many of these undertrials remain incarcerated for long periods due to delayed legal proceedings. This overcrowding puts immense pressure on prison facilities, leading to poor living conditions and limited resources for rehabilitation.
- Additionally, the financial burden of maintaining these prisoners is a growing concern for the state. For instance, in Odisha, the cost of keeping a single undertrial prisoner in jail is approximately Rs 1 lakh annually.
Benefits and Need for Electronic Tracking:
Experience from the US – Electronic Monitoring in Practice:
The United States has been using electronic monitoring for several years, but its application raises both positive and negative aspects.
- E-Carceration Concerns: Critics argue that electronic monitoring is a form of “e-carceration,” where the punitive nature of prisons extends into the home, imposing constant surveillance and control on individuals.
- Financial Burden on Individuals: In the US, individuals often bear the costs of electronic monitoring, with daily fees ranging from $3 to $35 and setup charges between $100 and $200. This can create a financial burden for individuals who are already in vulnerable positions.
With the prison system under strain, electronic monitoring is being considered as a potential solution for managing undertrials effectively.
- Prison Decongestion: Electronic tracking allows undertrials to await their trial outside of prison, reducing overcrowding and freeing up space for other prisoners.
- Cost Efficiency: The cost of maintaining an undertrial in prison is significantly higher than the cost of using electronic trackers.
- While maintaining an undertrial prisoner in Odisha costs Rs 1 lakh annually, electronic trackers only cost around Rs 10,000-15,000, making them a more economical alternative.
- Improved Case Management: Electronic monitoring ensures that undertrials comply with bail conditions and attend court hearings, making the judicial process more efficient.
- Balancing Liberty and Public Safety: Electronic tracking offers a middle ground between full incarceration and unrestricted bail, allowing individuals to maintain their liberty while ensuring public safety.
