On bail, tracked by satellite: How GPS anklets work

So, what is a GPS tracker, and how does it work?

A GPS tracker is a small, wearable device like the GPS collars that have long been used to monitor the movements of animals. The device provides the exact location of the wearer at all times, and allows law enforcement and security agencies to monitor his/ her movement in real time.

The device is tamper-proof, and any attempt at tampering with it sets off an alarm. It can also not be removed by the wearer or any unauthorised person without damaging it.

The tracker can be put on the ankle or arm of a person. Thus, there are GPS anklets and GPS bracelets.

Where is such a device available, and how much does it cost?

GPS devices are very common these days, and some people put them on pets. The movements of wild animals such as rogue elephants in Kerala or the cheetahs in Kuno are monitored using these devices. Many new automobiles are equipped with trackers to ensure they can be traced if stolen; owners can also have them installed separately.

The quality and prices of the devices vary. It is possible to buy one online for around Rs 1,000.

But why has a GPS tracker been affixed on Bhat?

The prosecution wing of the J&K Police called for close monitoring of Bhat’s movements during the period of his bail, and pushed for his tracking by GPS as one of the bail conditions.

Director General of Police (DGP) R R Swain, who also heads the Criminal Investigation Department (CID), the intelligence wing of the J&K Police, said GPS trackers could “help curb narco-smuggling and terror activities”. Police would be able “to monitor whether the person who is out on bail is meeting an active terrorist, or someone to collect a narco assignment or terror funds, etc.”, Swain said.

Is it common to use a tracker on a person who is out on bail?

GPS trackers are a precondition for bail in several countries including the United States, the United Kingdom, and Malaysia. Bhat’s case is the first time this technology has been used in India for this purpose. J&K Police have indicated they might do it in the future as well.

What is the legal position on the use of this technology in this way?

The use of the GPS anklet on Bhat was sanctioned by a court. Human rights activists have, however, pointed to the absence of specific legal provisions allowing this. Ravi Nair of the South Asia Human Rights Documentation Centre said it is also “important to ask whether the security establishment has developed any standards and ethics in electronic monitoring”.

Nair pointed out that “In the UK, electronic monitoring may be under the Terrorism Prevention and Investigation Measures Act, 2011. In Malaysia, the legal frameworks on electronic monitoring have been developed by amending existing legislation and enacting new laws such as Prevention of Crime Act, 1959, Security Offences Act, 2012, Dangerous Drugs (Special Prevention Measures) Act, and the Criminal Procedure Code.”

Backers of the use of GPS trackers argue they can make it a little easier to get bail under the stringent UAPA and give police the confidence to not oppose bail. Rights activists, however, say tracking a human being is a violation of their fundamental right to privacy.

Nair said that while the state seeks to maintain public security by tagging a person with a GPS tracker, the “fundamental rights of the people fitted with this device can’t be taken away”. According to Nair, the Supreme Court in ‘Maneka Gandhi vs Union of India’ (1978) ruled that the right to life includes the right to human dignity.

Also, Nair said, since surveillance raises concerns of over-regulation and infringement of human rights, it is necessary to have a system of informed consent and procedures to deal with unethical and illegal practices.