Context:

The Supreme Court report recommends launching pilot programs to use electronic tracking devices on undertrial prisoners (UTPs) to reduce prison overcrowding.

Details

A recent report by the Supreme Court's Centre for Research and Planning titled 'Prisons in India - Mapping Prison Manuals and Measures for Reformation and Decongestion' recommended the implementation of pilot programs to use electronic tracking devices to release undertrial prisoners (UTPs) to reduce prison overcrowding.

The report highlights international examples from countries such as the United States, Canada, the United Kingdom, Malaysia, and Australia, which have used electronic tracking devices to reduce prison overcrowding.

Overcrowding in Prisons

According to the National Crime Records Bureau (NCRB), Indian jails were 131% full by December 31, 2022, with 5,73,220 prisoners against a capacity of 4,36,266. Undertrials accounted for 4,34,302 (75.7%).

Steps taken to use electronic tracking in prisons

In May 2023, the Home Ministry forwarded the 'Model Prisons and Correctional Services Act, 2023' to all States and Union Territories, it suggested using electronic tracking devices for prisoners, who may be granted prison leave in exchange for wearing these devices to monitor their movements.

The Supreme Court report expresses concern about the lack of guidelines and minimum standards for the use of electronic tracking technology, highlighting the need to ensure that it does not violate prisoners' fundamental rights.

Law Commission of India 2017 Report

The Law Commission recognized that electronic tagging could reduce fugitive rates and government expenditures, however, it emphasized that such technology must be used with great care to protect individuals' rights.

Parliamentary Committee on Home Affairs Recommendations

The committee has proposed the use of ankle trackers or bracelets as a practical solution to prison overcrowding to track the movements of prisoners (temporarily released on bail).

It emphasizes the importance of upholding human rights and ethical principles, it recommends that ankle trackers be used voluntarily and with prisoners' informed consent.

To address the overcrowding problem, it proposes transferring prisoners from overcrowded facilities to jails with available cells, either in the same state or in another state.

Way Forward

Government should amend Bail laws to ensure that they are applied in a fair and equitable manner for all individuals, regardless of socioeconomic status. Amendments should address systemic issues that contribute to the large undertrial population.

The Supreme Court has recommended that special bail legislation be enacted, similar to the UK's Bail Act, to establish a general right to bail and establish clear criteria for bail decisions to reduce dependency on monetary bonds and sureties.

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STATUS OF UNDERTRIALS IN INDIA

Source:

The Hindu

PRACTICE QUESTION

Q.Critically analyze the potential benefits and risks of using electronic tracking devices for undertrial prisoners. (150 words)