Resolving the Issue of Overcrowded Prisons in India

What’s in today’s article?

• Why in News?
• Statistics on Overcrowding of Prisons in India
• Key Recommendations in the Report on Prisons in India
• Global Practices and Indian Legal Context on Electronic Monitoring of Prisoners
• Benefits of Electronic Tracking of Prisoners
• Concerns and Safeguards for Electronic Tracking of Prisoners
• Conclusion

Why in News?

• India's prison system faces acute challenges, particularly overcrowding, which hinders the efficiency of correctional facilities.
• A recent report by the Supreme Court’s Centre for Research and Planning has proposed using electronic tracking devices to address this issue, marking a potential shift in India’s correctional framework.

Statistics on Overcrowding of Prisons in India:

• As of December 31, 2022, India’s prisons had a 131% occupancy rate with 5,73,220 inmates against a capacity of 4,36,266.
• Undertrial prisoners (UTPs) constitute 75.7% of the total inmate population, amplifying the overcrowding crisis.

Key Recommendations in the Report on Prisons in India:

• The report titled "Prisons in India - Mapping Prison Manuals and Measures for Reformation and Decongestion" was recently released by the President of India.
• It recommends -
  • A phased implementation of electronic monitoring for releasing UTPs to ease prison overcrowding.
  • The target group in the initial phases will be low and moderate-risk UTPs with good conduct.
• The phased implementation will assess community readiness and the feasibility of electronic tracking for broader use.

Global Practices and Indian Legal Context on Electronic Monitoring of Prisoners:

• International adoption: Countries like the US, UK, Canada, Malaysia, and Australia employ electronic tracking to alleviate prison congestion effectively.
• Indian legislative framework:
  • Model Prisons and Correctional Services Act, 2023: Introduced electronic tracking devices as a condition for granting prison leave.
  • Law Commission of India’s 2017 Report: Recognised the cost-saving and security benefits of electronic tagging while emphasising caution.
• Judicial developments:
  • Courts have imposed location-tracking as bail conditions in select cases.
  • The Supreme Court recently disapproved of constant surveillance of bailed individuals, underscoring the need for clear guidelines to balance security and privacy.

Benefits of Electronic Tracking of Prisoners:

• Prison decongestion: Reduces inmate numbers while maintaining oversight.
• Mental health benefits: Improves family contact and reduces stress from isolation.
• Cost-effectiveness: Cuts expenses associated with maintaining high incarceration rates.
• Rehabilitation incentives: Encourages good conduct by linking it with parole or furlough opportunities.

Concerns and Safeguards for Electronic Tracking of Prisoners:

• Risks of misuse:
  • Universal application could lead to misuse, infringing on civil liberties.
  • Potential operational challenges in ensuring equitable implementation.
• Recommendations for ethical use:
  • Clear guidelines for implementation to prevent undue violation of prisoners’ rights.
  • Strict safeguards to protect against misuse while achieving the goal of decongestion.

Conclusion:

• Though experts praise tracking devices for easing prison burdens and mitigating mental stress among prisoners, they also warn against universal application, citing risks of misuse and ineffectiveness in some cases.
• The use of electronic tracking devices presents a promising solution to India’s prison overcrowding crisis.
• However, its success hinges on a cautious and well-regulated approach that balances technological benefits with respect for individual rights.

Q.1. What is Article 20 of the Indian Constitution?

Article 20 of the Indian Constitution safeguards certain rights in criminal proceedings. It provides protection against self-incrimination, double jeopardy, and retrospective punishment.

Q.2. Why was the Justice Roy Committee constituted?

Established in 2018 by the Supreme Court, the Justice Roy committee recommendations included establishing fast-track courts for minor offenses that have been pending for more than five years, etc.

Source: Time to unlock electronic tracking technology for undertrial inmates: SC report