Context: 

Recently, the Supreme Court’s Centre for Research and Planning released a report on “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”.

Key Highlights of the Report:

• Pilot Program Recommendation: The report suggests initially implementing electronic monitoring for low and moderate-risk Under-Trail Prisonors (UTPs) with good conduct during parole or furlough periods.
• Legal Framework: The report also emphasizes the need for clear guidelines and minimum standards for implementing tracking technology without violating prisoners' fundamental rights.
• Reform Incentives: Good conduct and potential for reform can be incentivized through consensual electronic monitoring during prison leaves.

Use of Ankle Trackers or Bracelets: The report has suggested using ankle trackers or bracelets as a practical solution to address prison overcrowding by monitoring the movements of prisoners temporarily released on bail. 

• The report also recommends that the use of ankle trackers be voluntary and based on the informed consent of the prisoners.

Gradual Implementation: Based on the success rate of technology in offender management, the report suggested that some reforming programs can be extended to other categories of prisoners.

Overcrowding Issue in Indian Prisons (as per the data of the National Crimes Records Bureau):

• Current Occupancy: As of December 31, 2022, Indian prisons housed 5,73,220 inmates against a total capacity of 4,36,266, resulting in a 131% occupancy rate.
• Undertrial Population: A staggering 75.7% (4,34,302) of inmates are undertrial prisoners, significantly contributing to overcrowding.
• State-wise Distribution: Uttar Pradesh, Bihar, Madhya Pradesh, Maharashtra, Punjab, and Haryana account for over 50% of the total prisoner population.
• Critical Areas: According to the India Justice Report (IJR) of 2022, Uttarakhand reports the highest occupancy rate at 185% in their 11 jails, followed by Delhi at 182% and Madhya Pradesh at 164.1%.

About Electronic Tracking Technology:

• Implementation Strategy: The technology involves monitoring devices worn by prisoners during their release period, enabling authorities to track their movements.
• Legal Integration: The Model Prisons and Correctional Services Act, of 2023 officially introduces electronic tracking devices as a condition for prison leave.
• Monitoring Mechanism: The system allows real-time tracking of prisoner locations and activities through electronic devices.
• Consent Requirement: The implementation requires prisoners' willingness to wear tracking devices as a condition for their release.

Benefits of Electronic Monitoring:

• Decongestion Effect: Electronic tracking provides an alternative to physical imprisonment, helping reduce prison overcrowding.
• Cost Reduction: The system helps decrease government expenditure by reducing the number of detained individuals.
• Mental Health Impact: Prisoners benefit from increased family contact and reduced isolation-related stress.
• Enhanced Supervision: Authorities can maintain oversight while allowing prisoners more freedom of movement.

Challenges and Concerns

• Privacy Issues: There are concerns about potential violations of prisoners' fundamental rights through constant surveillance.
• Implementation Complexities: The system requires careful guidelines to prevent misuse and ensure fair application.
• Technical Infrastructure: Establishing and maintaining the necessary technological infrastructure poses significant challenges.
• Universal Application Risks: Experts warn against blanket implementation, citing potential ineffectiveness in certain cases.

Legal Precedents in India:

• Supreme Court Ruling: In July 2024, in the Frank Vitus v/s Narcotics Control Bureau Case, the Supreme Court mandated that weekly location sharing through Google Maps as a bail condition is infringed on Article 21 (Right to Privacy) of the Constitution.
• Bail Conditions: Various High Courts have experimented with location tracking as part of bail requirements.
• Legal Framework Evolution: The Law Commission's 2017 report acknowledged electronic tagging's potential while emphasizing cautious implementation.

Global Practices:

• The United States of America: The USA established electronic monitoring systems as an alternative to incarceration for specific categories of offenders.
• United Kingdom: Implements electronic tracking for various offender management programs.
• Canada and Australia: Successfully utilize tracking technology to manage prison populations and monitor released inmates.

Way Forward:

• Phased Implementation: Beginning with pilot programs for low-risk prisoners and gradually expanding based on success rates.
• Infrastructure Development: Investing in necessary technological infrastructure and training programs.
• Rights Protection: Developing robust safeguards to protect prisoners' fundamental rights while achieving decongestion goals.
• Stakeholder Engagement: Involving prison administrators, legal experts, and technology specialists in implementation planning.