Supreme Court's Centre for Research and Planning Recommendation

Syllabus: Prelims Unit IV - Indian Polity

Recommendation:

• Implementation of a scheme to release undertrial prisoners under electronic surveillance.

Report Details

• Title: Indian Prisons - Linking Prison Manuals with Measures for Decongestion and Reform
• Released by: President Droupadi Murmu
• Date: November 5, 2024

Prison Statistics and Overcrowding

• Total prisoners (as of December 31, 2022): 5.73 lakh
• Actual capacity of prisons: 4.25 lakh
• Overcrowding rate: 30% above maximum capacity
• Severely overcrowded states:
• Uttar Pradesh
• Uttarakhand
• Delhi (80% above capacity)

Model Prisons Act 2023

• Key Recommendations:
• Release of prisoners on bail if they consent to wear electronic monitoring devices.
• Provisions for:
• Bail cancellation.
• Re-arrest for violation of bail conditions.

State Initiative - Odisha

• Pioneering Move: Odisha became the first state to propose releasing minor offenders on bail with electronic monitoring devices.

Concerns and Judicial Observations

• Privacy Concerns:
• Lack of guidelines to prevent the invasion of personal privacy for released prisoners.
• Supreme Court (July 2024): Ruled against imposing constant surveillance conditions for bail recipients.
• Current Practices:
• Some High Courts have set bail conditions requiring location sharing via Google Maps.
• Balance needed between:
• Surveillance to prevent witness tampering.
• Protection of personal privacy.

Recommendations

• Electronic Surveillance:
• To be implemented with proper guidelines.
• Safeguarding Rights:
• Monitoring should protect individual rights.
• Government Action:
• Central and state governments to implement the scheme without violating personal rights.

International Context

• Electronic monitoring of released prisoners is a widely practiced method globally.