By Sanjay Raman Sinha
The recent report on prison reforms released by President Droupadi Murmu titled, “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”, focuses on measures to decongest overcrowded prisons of the country. It also suggests electronic tracking of prisoners as a measure to manage and monitor overpopulated jailed detainees.
The research was commissioned by the former Chief Justice of India DY Chandrachud when he was in office and was conducted by Supreme Court’s Centre for Research and Planning.
With prisons having an occupancy rate of 131.4 percent, the task to decongest is mammoth and complex. The Supreme Court has over the years taken note of the seriousness of the problem and has batted for a more humane prison system and called for reformation and decongestion of the prison system. Decongesting prison means reforming the bail jurisprudence, where bail as a rule gains predominance over jail as a rule. With more persons being released on bail, a system needs to be put in place to regulate the released detainees, whether they be accused or convicts.
The Model Prisons Act, 2023, provides for use of electronic tracking technology in case of prison leaves. However, the deployment of electronic monitoring needs careful legislative scrutiny to balance public safety with individual rights. It is important to ensure that its implementation adheres to the Constitution and principles of legality, necessity and proportionality. In fact, way back in 2017, the Law Commission in its report had acknowledged that electronic tagging can reduce fugitive rates as it allows for persons to be electronically located. However, in caution it had added that the electronic monitoring system, must be implemented with the “highest degree of caution”.
The apex court kept the caution quotient in mind when, in July 8, 2024, it rapped the knuckles of the lower judiciary by disapproving digital surveillance. The Supreme Court held: “The object of the bail condition cannot be to keep a constant vigil on the movements of the accused enlarged on bail.”
The courts have been adopting surveillance technology in their orders and have decreed use of Google Maps and mobile phones to track accused released on bail. In May 2020, the Delhi High Court in State (NCT of Delhi) vs Sanjeev Kumar Chawla stated: “Digital and electronic equipment, as presently used in America, ought to be introduced in India, so that a tracking system similar to the GPS Tracking System, can be used to monitor the movement of the accused released on bail, allowing the authorities to gather information all the time while permitting the accused to undertake the usual and ordinary activities of normal life.” In 2023, the Home Ministry referred the Model Prisons and Correctional Services Act, 2023 to all states and Union Territories for adoption. It was the first time that the Act introduced the use of electronic tracking devices on prisoners.
The current Supreme Court report underlines the prevalence of surveillance technology, but suggests its regulated use: “Cyber techniques of cell tower triangulation, International Mobile Equipment Identity (IMEI) tracker, Global Positioning System (GPS) integration and IP address geolocation have been utilised by the law enforcement agencies in India in tracing the estimated location of devices which can help in ascertaining the location of an individual. These technologies are used after obtaining due permissions from appropriate authorities, as warranted by law to facilitate investigations.” Though electronic monitoring ensures that the law-enforcing agencies keep their eyes on the person on bail, the practice is fraught with privacy issues and risks of stigmatization. If the implementation is improper, electronic monitoring can accentuate biases and inequalities. Marginalized communities may face stricter surveillance and traumatisation in the hands of police.
TRACKING PRISONERS
July 2022
Delhi High Court
Bail applicant accused of offences related to forgery and cheating was ordered to drop his live location every week on Google Maps to ensure that his location is available to the IO.
November 2023
Supreme Court
The accused under the NDPS Act was enlarged on bail on conditions that the accused shall not go beyond the Alwar district of Rajasthan and shall make available his location through mobile phone by pairing it with the mobile phone of the IO round-the-clock.
November 2023
Special NIA Court of J&K
Bail granted to a UAPA accused on the condition of wearing a GPS tracker anklet for monitoring his movements.
The post appeared first on .
The recent report on prison reforms released by President Droupadi Murmu titled, “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”, focuses on measures to decongest overcrowded prisons of the country. It also suggests electronic tracking of prisoners as a measure to manage and monitor overpopulated jailed detainees.
The research was commissioned by the former Chief Justice of India DY Chandrachud when he was in office and was conducted by Supreme Court’s Centre for Research and Planning.
With prisons having an occupancy rate of 131.4 percent, the task to decongest is mammoth and complex. The Supreme Court has over the years taken note of the seriousness of the problem and has batted for a more humane prison system and called for reformation and decongestion of the prison system. Decongesting prison means reforming the bail jurisprudence, where bail as a rule gains predominance over jail as a rule. With more persons being released on bail, a system needs to be put in place to regulate the released detainees, whether they be accused or convicts.
The Model Prisons Act, 2023, provides for use of electronic tracking technology in case of prison leaves. However, the deployment of electronic monitoring needs careful legislative scrutiny to balance public safety with individual rights. It is important to ensure that its implementation adheres to the Constitution and principles of legality, necessity and proportionality. In fact, way back in 2017, the Law Commission in its report had acknowledged that electronic tagging can reduce fugitive rates as it allows for persons to be electronically located. However, in caution it had added that the electronic monitoring system, must be implemented with the “highest degree of caution”.
The apex court kept the caution quotient in mind when, in July 8, 2024, it rapped the knuckles of the lower judiciary by disapproving digital surveillance. The Supreme Court held: “The object of the bail condition cannot be to keep a constant vigil on the movements of the accused enlarged on bail.”
The courts have been adopting surveillance technology in their orders and have decreed use of Google Maps and mobile phones to track accused released on bail. In May 2020, the Delhi High Court in State (NCT of Delhi) vs Sanjeev Kumar Chawla stated: “Digital and electronic equipment, as presently used in America, ought to be introduced in India, so that a tracking system similar to the GPS Tracking System, can be used to monitor the movement of the accused released on bail, allowing the authorities to gather information all the time while permitting the accused to undertake the usual and ordinary activities of normal life.” In 2023, the Home Ministry referred the Model Prisons and Correctional Services Act, 2023 to all states and Union Territories for adoption. It was the first time that the Act introduced the use of electronic tracking devices on prisoners.
The current Supreme Court report underlines the prevalence of surveillance technology, but suggests its regulated use: “Cyber techniques of cell tower triangulation, International Mobile Equipment Identity (IMEI) tracker, Global Positioning System (GPS) integration and IP address geolocation have been utilised by the law enforcement agencies in India in tracing the estimated location of devices which can help in ascertaining the location of an individual. These technologies are used after obtaining due permissions from appropriate authorities, as warranted by law to facilitate investigations.” Though electronic monitoring ensures that the law-enforcing agencies keep their eyes on the person on bail, the practice is fraught with privacy issues and risks of stigmatization. If the implementation is improper, electronic monitoring can accentuate biases and inequalities. Marginalized communities may face stricter surveillance and traumatisation in the hands of police.
TRACKING PRISONERS
July 2022
Delhi High Court
Bail applicant accused of offences related to forgery and cheating was ordered to drop his live location every week on Google Maps to ensure that his location is available to the IO.
November 2023
Supreme Court
The accused under the NDPS Act was enlarged on bail on conditions that the accused shall not go beyond the Alwar district of Rajasthan and shall make available his location through mobile phone by pairing it with the mobile phone of the IO round-the-clock.
November 2023
Special NIA Court of J&K
Bail granted to a UAPA accused on the condition of wearing a GPS tracker anklet for monitoring his movements.
The post appeared first on .