What are the implications of 'digital arrest' on individual rights and the justice system in India?

The concept of 'digital arrest' refers to the use of technology to restrict an individual's freedom, such as through electronic monitoring, digital tracking, or remote restrictions, instead of traditional physical detention. As India explores digital tools in law enforcement, this approach could significantly impact both individual rights and the functioning of the justice system.

• Right to Privacy: Digital arrest often involves constant surveillance and data collection, raising concerns about infringement of the right to privacy as protected under Article 21 of the Constitution.
• Due Process and Fair Trial: The use of digital monitoring must ensure that legal safeguards, such as informing the accused of grounds for restriction and providing access to legal counsel, are not compromised.
• Potential for Misuse: Without strict regulation, authorities may misuse digital tools for arbitrary or excessive surveillance, leading to harassment or targeting of individuals.
• Access and Digital Divide: Implementation of digital arrest measures assumes access to digital infrastructure, which may disadvantage those in rural or economically weaker sections who lack such resources.
• Transparency and Accountability: The algorithms and technologies used for digital arrest must be transparent and subject to oversight to prevent wrongful restrictions and ensure accountability of law enforcement agencies.
• Impact on Rehabilitation: Digital arrest can allow individuals to remain in their communities, potentially aiding social reintegration, but stigma and constant monitoring may affect mental health and personal relationships.
• Efficiency in Law Enforcement: Digital tools can help reduce overcrowding in prisons and allow for more targeted monitoring, but they also require robust legal frameworks and technical capacity.