India's prisons are severely overcrowded, with occupancy rates exceeding 130%.
A significant portion of inmates are undertrials.
Electronic Tracking Devices as a Solution:
The Supreme Court's report suggests pilot programs to use electronic tracking devices for undertrial prisoners.
This could help decongest prisons and allow for more flexible release options.
Several countries, including the US, Canada, UK, Malaysia, and Australia, have implemented similar practices.
India's Model Prisons and Correctional Services Act, 2023, introduced provisions for using electronic tracking devices for prisoners on leave.
Legal Precedents and Concerns:
Some High Courts have imposed bail conditions requiring accused individuals to share their location via Google Maps or mobile phone tracking.
The Supreme Court has clarified that such conditions should not be used for constant surveillance.
While electronic tracking can be beneficial, it must be implemented with safeguards to protect civil liberties.
Expert Opinions:
Advocate Ajay Verma supports the use of tracking devices as a positive step to reduce prison overcrowding and alleviate mental stress on prisoners.
Advocate Anant Asthana expresses concerns about the potential for misuse and infringement of civil liberties if the practice is institutionalized without careful consideration.
Overall, the use of electronic tracking devices presents a potential solution to India's prison overcrowding problem.
However, it is crucial to balance the benefits of this technology with the need to protect individual rights and ensure its implementation is carefully regulated.
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