Prison Tag: A Possible Solution to Overcrowding in Prisons

21-11-2024

Prison overcrowding is a serious problem, especially in India, where prisons were at 131.4% of their capacity in December 2022.
This has led to ideas about how to manage prisoners without overcrowding jails.
One such idea is to use electronic tracking devices for prisoners who are allowed temporary release (like parole or furlough). This could help ease the pressure on crowded prisons.

What is the Proposal?

A recent report from the Supreme Court’s Centre for Research and Planning suggests that undertrials (people who are waiting for their trial) who are not dangerous could wear electronic tracking devices.
These devices would track their location and limit where they can go, so they don’t have to stay in jail.
This would help reduce overcrowding while still keeping an eye on them.
The Model Prisons and Correctional Services Act, 2023 already has a rule that allows prisoners to go on leave if they agree to wear tracking devices. If they break the rules, the leave can be cancelled.

Overcrowded Prisons: India’s prisons are overcrowded, with 5.7 lakh prisoners and only enough space for about 4.3 lakh.
This leads to poor conditions for prisoners and extra strain on prison staff and resources.
Looking for Alternatives: Using electronic devices could help manage low-risk prisoners by allowing them to stay out of jail while still being monitored.
This would ease the overcrowding problem.

United States, United Kingdom, Canada, Malaysia, Australia
Purpose: To alleviate prison congestion and reduce overcrowding.
Method: Use of electronic tracking devices like ankle monitors to monitor offenders outside prison, often under parole or probation.

Model Prisons and Correctional Services Act, 2023:
1. Introduced electronic tracking as a condition for granting prison leave.
2. Objective: Manage prisoners more effectively without compromising security or oversight.
Law Commission of India’s 2017 Report:
1. Acknowledged the cost-saving and security benefits of electronic tagging.
2. Emphasised the need for caution and careful implementation to avoid misuse.

Odisha’s Initiative: Odisha was the first state in India to suggest using tamper-proof trackers for undertrials accused of less serious crimes.
The idea is to reduce overcrowding while ensuring these people are still watched.

Benefits of Electronic Tracking	Key Advantages
Prison Decongestion Electronic monitoring provides an alternative to incarceration, keeping offenders under surveillance without the need for physical detention.	Reduces Inmate Numbers: Helps alleviate overcrowding while maintaining adequate oversight of prisoners.
	Cost-Effectiveness: Cuts costs related to maintaining high incarceration rates, including facilities, staff, and resources.
Mental Health Benefits Reduced isolation, which is a common issue in prisons, can lead to better mental health outcomes for inmates.	Improves Family Contact: Offers prisoners better opportunities for family interaction, reducing isolation and the mental health burden of imprisonment.
	Rehabilitation Incentives: Electronic monitoring links to rehabilitation programs, offering incentives like parole or furlough for good behavior.

Challenges and Concerns	What Needs to Be Done?
Privacy Issues Tracking a person’s location could violate their privacy. The Supreme Court has rejected bail conditions that required location sharing through Google Maps. Electronic tracking raises similar privacy concerns.	Respect Privacy: Ensure the use of tracking devices does not violate privacy or rights. Clear guidelines must be made about when and how to use electronic tracking devices. This helps ensure fairness and safety without violating privacy.

No Clear Guidelines There are no clear rules regarding when and how trackers should be used, creating potential for misuse.	Clear Rules: Establish clear and transparent rules on the appropriate use of trackers to avoid misuse. Clear rules will ensure the proper and accountable use of tracking devices.

Resistance from Prisoners Some prisoners may resist wearing trackers due to embarrassment, stigma, or discomfort with the device's visibility.	Voluntary Consent: Prisoners should voluntarily agree to wear the device, especially during temporary releases. Ensure that wearing the device is voluntary, and consider prisoners' feelings and rights in the process.

Feature	Parole	Furlough
Definition	Conditional release based on good behavior	Brief release for long-term imprisonment
Purpose	Granted for a specific reason	Aimed at maintaining family and social ties
Legal Right	Not an absolute legal right	Not an absolute legal right
Conditions for Granting	Specific reasons required	Granted periodically without a specific reason
Authority for Granting	Granted by Divisional Commissioner	Granted by Deputy Inspector General of Prisons
Duration	Up to one month	Maximum of fourteen days
Impact on Sentence	Period spent on parole does not count	Period spent on furlough counts towards total sentence
Applicability	Can be granted multiple times	Limited instances
Public Interest Consideration	Can be denied based on public interest	Can be denied to certain categories of prisoners
Key Differences	Parole for specific purpose, furlough for social ties	Parole has conditions; furlough does not require reason