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Promoting Good Practices and Standards ,7 r, 7 The Indian Police Journal CONTENTS Vol. LIV-No.4 October-December, 2007

Editorial Board 1. Editorial 2 2. Abstracts & Key Words 4 3. ….And First Prize Goes to India Dr. Kiran Bedi - Chairperson A Success Story of Rajasthan Police 10 Sh. Rakesh Jaruhar - Member Dr. S.K. Kataria Sh. R.C. Arora - Member 4. Operation Aman: A CRPF Initiative Sh. Sanjay Baniwal - Member on Bridging Gap With People of J & K 20 Dr. B.V. Trivedi - Member A.P. Maheshwari 5. Abuse of Child Domestic Workers in India : Crisis and Challenges 27 Debasree Laheri 6. Problem of Tuberculosis In Indian Prisons 37 Dr. Deepti Shrivastava 7. Maritime Terrorism and Port Security 45 Dr. Shikhar Sahai 8. Offender Management: A Challenge for Editor the Prison Reform Initiative in India 57 Gopal K. N. Chowdhary Prof. Balraj Chauhan and Dr. Mridul Srivastava 9. Noble Cause Corruption 66 Sankar Sen 10. Road Signs – A Semiological Study 72 P.S. Bawa 11. The Right to Information Police Predicament 82 K.P. Singh 12. The Constabulary Empowerment: Issues and Outcome: A Case Study 93 Hasmukh Patel 13. From The Desk of Director (R&D) BPR&D 99

Available at our website : www.bprd.gov.in Editorial

Policing these days is becoming more complex and complicated. The technology, in particular the Information Technology driven globalized world is throwing up new challenges and problems before policing. In such a fast changing scenario, policing to be more effective has to be in sync with changing exigencies and expectations. The police must measure up to these expectations and exigencies to remain in driving seat. For that Indian Police not only needs brain, brawn and modern gadgets & weapons, but also some sort of operational freedom with proper checks and balances. The conspicuous lack of it for long duration can lead to disastrous results. Bihar is the most glaring example of the predicament that Indian Police has to operate. In 1950s, Bihar alongwith UP was the best administered state in India where police used to have upper hand. Now Bihar is not at all rated so as far as policing and law & order is concerned. The reason for this, among other things, is too obvious to mention. However, it is heartening to note that the realization about this unsatisfactory state of policing has dawned upon all the stakeholders in effective and efficient policing. Many innovative measures have been introduced to ensure expected quality of policing. If proper measures, in form of Police Reform and other related changes, are not effected, what happened in Bihar might be replicated at national level. The history might repeat itself at national as well as state level. And when history repeats itself, it crushes those with unprecedented ruthlessness who refused to heed its latent and manifest lesson. Hence, the time is ticking fast for outright Police Reform which has not yet seen the light of day. Its fate hangs in balance, which is not in interest of nation. Any delay in effecting Police Reform would further complicate the matter. As it is a sort of vicious circle from which policing can be freed only with thorough and overhaul change. Till then, it is the proverbial game of cat and mouse. Coming to articles in this issue, we have a score of articles which highlight inherent capability of Indian Police and its success stories in various fields. These also substantiate the fact that given the right atmosphere and motivation and resources, Indian Police can rise up to any situation. Whether it be bagging the award of Best Police Station in world or mastering any counter-insurgency and anti-terrorism operation, or controlling cyber crime, Indian Police is just matchless. The article ‘.... And First Prize Goes to India: A success story of Rajsthan Police’ by Dr. S.K. Kataria showcases the success story of Rajsthan Police and how one police station of Jaipur city – Shipra Path Police Station - was declared as world’s number one ideal police station. It is a tribute to hidden potentiality of Indian Police that can be harnessed to its full potentiality, if provided with right leadership and motivation. Shri A.P. Maheshwari, in his path-breaking article ‘Operation Aman: A CRPF Initiative on Bridging Gap with People of J & K’ argues that counter-insurgency and anti-terrorism initiative can be successful only when peoples’ heart are won over. While discussing ‘Operation Aman’ which is a CRPF initiative to win over the hearts of J&K people that have been poisoned by years of propaganda and venom spewing, he

Promoting Good Practices and Standards Editorial

asserts that winning people’s support is a must for the success of any counter- insurgency or anti-terrorist drive. ‘Abuse of Child Domestic workers in India: Crisis and challenges’ by Ms. Debasree Lahiri deals with plight of child domestic workers in India. Despite many national and international laws, they are still being subjected to abuse and human rights violations. This burning issue merits urgent intervention by respective agencies of the State. Dr. Deepti Shrivastav, in her well-researched article, ‘ Problem of Tuberculosis in Indian Prisons’ discusses the problem of Tuberculosis in Indian Prison. She put forward some innovative remedial measures which can tackle the problem of TB in Indian prisons. ‘Maritime Terrorism and port Security’ by Dr. Shikhar Sahai delves into nuances of maritime terrorism and port security. He discusses the actual and potential threat that maritime terrorism poses to our ports as well as to our strategic and trade interests. Prof. Balraj Chawhan and Dr Mridul Shrivastav, in their article, ‘Offender Management: A Challenge for the Prison Reform Initiatives in India’, discuss the nitty-gritty of offender management. They argue that better offender management would lead to better prison reform initiative in India, which is the need of hour. Shri Sankar Sen, IPS (Retd.) in his innovative and timely article, ‘Noble Cause Corruption’ analyses the various aspects of noble cause corruption. He does not seem to be approving frequent resorts to noble cause corruption. As he comments “….very often many acts of noble cause corruption can not be reasonably justified when they are individually considered. “…. Most instance of police fabricating evidence or excessively using force have not been done to save the life of anyone in danger.” The article ‘Road Signs – A semiological Study’ by Shri P.S. Bawa,IPS (Retd) discusses the road signs and its semiological aspects. Shri Bawa asserts that road signs should be taken seriously by the road maintenance and law enforcement agencies. These should not be left to fend for itself. Shri K.P. Singh, IPS, in his article, ‘The Right to Information: Police Predicament’ deals with police predicament vis-à-vis Right to Information Act, 2005. He suggests that “Openness and transparency is the order of the day and police should also subject themselves to this order (arising out of the enactment and implementation of Right to Information Act, 2005)”. Shri Hasmukh Patel in the article titled as ‘The constabulary Empowerment: Issues and Outcomes: A Case Study’ calls for the empowerment of constabulary, which accounts for 87 percent of total police force in India. Through the case study of Bhavnagar, Gujarat, he proves that “the image and efficiency of Indian Police can be improved only when our constabulary is empowered in real sense of the term.”

Gopal K.N. Chowdhary Editor

Promoting Good Practices and Standards Abstracts & Key Words

….And First Prize Goes to India total of 471 police stations from 23 Kargil war in 2001. As a A Success Story of Rajasthan countries participated in this event consequence, the force was given Police and was declared the best. Before an important role to play in Dr. S.K. Kataria 2004, this police station was tackling the problem of terrorism known as an ordinary and in the state of Jammu and Kashmir. Key words inefficient organization but under Over 65 thousand force personnel ‘Police Stations Visitors Week’, the leadership of Mr. Sunil Punia, have been deployed at the various Altus Global Alliance, Team SHO and other officers, the station hot-spots of the state to assist the Building, Leadership, Community witnessed sea change. Now this state police. The force personnel Participation, Detention Condition, police station is full of have to face all the cultural, Accountability, Transparency, Civil infrastructure facilities which are political and social resistance Police Officer, Case Officer Scheme, provided by local community. A listed above and some more that Motivation, Physical Condition , team of three dozen police are specific to the situation in a Equal treatment of the public, employees is motivated, integrated state like J & K, which has a Democratic Police Programme , and committed one. The behaviour volatile post-Independence history Reform, Citizen’s Welfare, Night of police personnels, their attitude, of resentment against Indian Patroling, ISO Certificate, cleanliness of the station and other security forces and personnel. Community Liason Group. best practices make them ideal Through sustained propaganda, the Abstract police station. adversaries have succeeded in creating a wedge between the In India, the police is popularly Operation Aman: A CRPF people and the para-military perceived as power wielder with an Initiative on Bridging Gap With forces. For too long this situation enforcement role. Most of the People of J & K. was allowed to drift, leading to Indian citizens try not to face A.P. Maheshwari police due to its notorious image. active hostile positions being taken In such a situation, it is almost Key Words and maintained by security force personnel and the local people. unbelievable that an Indian Police Operation Aman, Professional This has the far-reaching Station was declared world’s force, Insurgency, Clinical consequence in terms of lack of number one police station in April, Exercise, Mandate, Ideological actionable and reliable 2007 on five major criteria viz. Propaganda, Partnership intelligence, absence of trust and Community Orientation, Physical Benevolent Intervention, Cultural Conditions, Equal Treatment of the Differences, Enviorenmental alienation. All of these factors Public, Transparency and Constraints. have, in fact, helped the Accountability and Detention adversaries in their aim of Conditions. Altus Global Alliance, Abstract secessionism, and made the task of an international voluntary The CRPF was redesignated as the controlling the terror groups all the organization, organized “Police main Counter Insurgency force by more difficult. The first and most Stations Visitors Week” in 2006. A the Group of Ministers after the obvious starting point was to

4 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Abstracts & Key Words

establish a working relationship workers. Emerging vested interests of heir, whipping, pinching, with the local press persons who that traffick children and exploit shaving of heir, denial of food, are not only aware of the local the vulnerability of their families being hurt with broom and pots on needs and problems, but also give and deep-rooted gender different parts of the body, burning certain directions to public imbalances further fuels the /scalding by pouring hot water. debates. Although not a formal problem. In this paper, an attempt Being in the confines of a part of Operation Aman, this was has been made to analyse all forms home, a child who is employed as the first step in the exercise. We of abuse of child domestic a domestic help is extremely used local Kashmiri media, both workers, to scrutinize the vulnerable to sexual abuse of print and electronic, as the difficulties in protecting them from various kinds and they ordinarily mediator between the forces and exploitation and maltreatment by do not have easy access to legal the people. the employers, to find out the legal protection. Child sexual abuse is frameworks available in Abuse of Child Domestic the involvement of a child in international as well as national Workers in India : Crisis and sexual activity that he or she does perspectives and finally to evaluate Challenges not fully comprehend is unable to the condition of abused child give informed consent to, or for Debasree Laheri domestic workers on Indian which the child is not context. Employers often resort to Key Words developmentally prepared and physical or verbal abuses to cannot give consent or that violate Physical Abuse, Sexual Abuse, intimidate and gain control over the laws or social taboos of society. Invisibility, Social Security, these child workers. Although This may include but is not limited Domestic Workers, ILO systematic documentation of to the inducement or coercion of a Convention, Vulverable and abuses inflicted is quite difficult to child to engage in any unlawful Exploited, Alternative Livelihood, undertake, the most common sexual activity; the exploitative use Poverty, Injustice. forms of violence and abuse of a child in prostitution or other Abstract experienced by child domestics are as follows: unlawful sexual practices, the Poverty and injustice and Physical abuse of a child is that exploitative use of children in inequality are the main causes of which results in actual or potential pornographic performances and child labour. Besides these, poor harm from an interaction or lack materials, lewd innuendoes, agricultural yield, lack of of interaction, which is reasonably perverse behavior, molestation, alternative livelihood sources, within the control of a parent or rape and attempted rape not only large family size, increasing person in a position of by the male members of the demand for cheap labour, abject responsibility power or trust. There employer’s household but also by rural poverty and family, cultural may be single or repeated the male visitors. In 60 cases of sanction to pursue economic incidents. A result of having been abuse of Asian maids investigated activities at a tender age have been made to work beyond their by Human Rights Watch in that identified as some of the reasons physical capacity, pushing, country, one third involved rape or for increasing child domestic beating, kicking, slapping, pulling sexual assault.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 5 Abstracts & Key Words

Problem of Tuberculosis In route of transmission is equally economy with serious strategic Indian Prisons possible. World health organization security implications. South Asia is suggests: located between maritime Dr. Deepti Shrivastava Early diagnosis of TB (case- chokepoints and terrorist hubs are Key Words finding) situated in its littorals. Sea Ports are Tuberculosis, MDR, Previous Effective treatment of TB until vulnerable to terrorist attacks. The Illness, WHO, Mycobacterium, cure ISPS Code is a major step in global Tuberculosis, Correctional To diminish this problem response to maritime terrorism but Administration, Community spread, Correctional Administration has to there is need for a multi-dimensional MDR-TB Epidemic. take enormous pains in this matter. approach to meet new challenges. They have to accept a challenge to These aspects are highlighted in the Abstract prove their competence of present paper. A major weakness in Prisoners have many rights cooperation. Only then we can cope the maritime trade is the containers bestowed upon them by up with this curse. Prison in which goods are transported. With international treaties and covenants; overcrowding has many negative an average of a five percent they have a right to health care, and effects upon inmates. Overcrowding inspection rate worldwide, most certainly have a right not to of accommodation and the lack of containers can be easily be used to indenture transmission of infection resources to cope with it was the most smuggle illegal goods, human during incarceration. Inspite of the commonly cited symptom of the beings or weapons. The fear that legislative measures adopted in crisis. Research has demonstrated terrorists could exploit the container favour of prisoners in our country that prison overcrowding creates system first came to fruition on higher rates of tuberculosis. TB is after Independence and inspite of the October 18, 2001 when port spread through the air. Immediate human rights awareness, countless authorities in the Italian port of Gioia isolation can interrupt the prisoners are dying in the Indian Tauro discovered a stowaway within transmission of Mycobacterium prisons, due to tuberculosis. a shipping container. The container tuberculosis. Regarding problem of tuberculosis was complete with a bed, heater, in prison, prisoners around the world Maritime Terrorism and Port toilet facilities and water. In recent have consistently higher rates of Security years, however, the focus shifted towards the use of a container as tuberculosis (TB) infection and Dr. Shikhar Sahai disease than the general population. delivery vehicles for weapons of Key Words Indian prisons also have an alarming mass destruction. The fear was scenario; the poor health care status Terrorism, Piracy, Port, Maritime fuelled by Al Qaeda’s fatwa (2003) of prisoners is not surprising, given Chokepoint, Littoral Warfare, ISPS to use WMD against the enemies of that poverty and miserable status are Code, IMO, Security Levels, Global Islam. Since the early 1990s, the known to accelerate the spread of maritme, Trade links, CSCAP, strategic literature on naval strategy communicable disease like Atomic waste. discussed about concept of ‘littoral warfare’. Although the term ‘littoral’ tuberculosis. Tuberculosis infection Abstract contracted in the community can is not new, it gained great initiate an epidemic when brought Maritime Terrorism has emerged as significance in military literature into the prison, while the reverse a major threat in a globalized primarily due to the fact that littoral

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spaces are considered congested due philosophy in place will continue Deviance, Systemic Arrogance, to dense shipping activity, civilian to develop and improve as time Tragic Choices, Elegant Term, air corridors and shallow water goes on, but the philosophy itself Testimonial Deception, Moral which can result in projection of will stay the same. IOM also Justification, Process Corruption. power in the littorals, a potentially recognizes that our decisions about Abstract challenging exercise. Major General interventions need to be built into Mike Myatt, former Director of US our planning around security Noble cause corruption implies Expeditionary Warfare, coined the classifications, employment skills, faith in the concept that the end term “chaos in the littorals”. General at risk identification, literacy and justifies the means. However, in the Myatt’s hypothesis is that most numeracy, as well as offenders conflict of ends and means, the future conflicts would take place in finding jobs and appropriate point to be borne in mind is that if the littoral i.e where the sea meets accommodation. In short, IOM is the ends are important enough to the land. He argued that littorals about everything we do. Teams of justify the means. The conviction provide a home to most of the world people who deal with offenders in of a criminal is important but in a population, wealth and industrial all areas to the Department need to, liberal democracy the police are capacity and the nerve center of brought together to create expected to carry out anti-crime international relations through something practical from this activities in a manner that advances which people, goods, ideas and research. There is a need to develop the values of a liberal democratic cultures pass. new ways of doing things, and new society. Ends, therefore, have to be tools. There are now little bit better Offender Management: A important enough to serve the ways of looking at the offender, the Challenge for the Prison Reform justificatory function. Adoption of offending, and the factors leading Initiative in India impermissible means may to that offending, as well as better ultimately undermine the end. Prof. Balraj Chauhan, Dr. Mridul intervention programmes to reform Again many means have some other Srivastava and rehabilitate them. It is consequences that perhaps may important that the new processes Keywords make their use appropriate. In post and interventions are delivered 9/11 world to curb terrorism Integrated Offender Management, exactly the way they are designed. draconian laws have been passed in Correctional aspect of prison, Risk, The ideas for improvement can many democratic countries, but Change through innovation, always be incorporated in IOM and enforcement and misuse of laws in Criminogenic needs, Responsivity, these ideas must go through a Prison reforms, Cognitive skill formal change process for IOM to many democratic countries programmes, Skill programme , retain its integrity. including India shows that some Applied Life Skill, Violence ways of keeping a country secure Reduction. Noble Cause Corruption for freedom may have the effect of Abstract Sankar Sen diminishing as well as jeopardizing the other values of a democratic Emphasis of this paper on the Keywords society. Some justify torture to fight principle of “What Works” led to Philosopher-King, Republic, terrorism. It has been argued that the underlying philosophy behind Testimonial Deception, Perjury, torture is justified in some rare IOM. The tools used to put this Dirty Harry Problem, Noble cause cases.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 7 Abstracts & Key Words

Road Signs – A Semiological signified. Something (a signifier) provide for ‘economical notation for Study that is meant to convey a message notations which are already defined’. (a signified) is a sign. Philosophers P.S. Bawa (Ibid 100). Signs are ubiquitous in all like Charles Peirce, Ferdinand de disciplines. In language itself, signs Key Words Saussure, Claude Levi-Strauss, like i.e., e.g., &, etc. convey a meaning; Road Sign, Semiology, Flagrant Jacques Lacan, Ronald Barthes, so in algebra geometry, and science Defiance, System of Discourse Icon, Umberto Eco, and Jonathan Culler such as E= mc2, religious symbols like Social Conventios, Traffic Signs, have made studies in the symbology cross, political symbols like the sickle Syntagmatic Relation, International of literary works and cultural studies and a hammer, lotus, hand, et al. The Traffic Sign, Signifier and Signified, and, did not pay much attention to cricket umpires have a language that Obelisks Symbology. non-verbal signs, these being too indicates everything without making obvious and mundane. Culler (103) any verbal utterances. ‘Every sign is Abstract says, ‘Traffic signs, for example, endowed with a significance’. In a climate of total and flagrant generally do not involve the (Barthes; 111) It is ‘ideas-in-form’ defiance, it appears naïve to reflect combination of more than one unit, (Ibid; 112). on the importance and significance or if they do (as in signs where the The Right to Information of road signs. But one must indulge shape indicates the presence of a Police Predicament in this exercise despite all the hazard and the device specifies the hazards. It might appear as sort of hazard) the syntagmatic K.P. Singh surprising that there is a reason to relation is very simple and Key Words this scheme and there is a purpose uninteresting.’ Similarly, says behind this design, an objective that Gottdiener, ‘An icon is a sign that Secrecy, Official Secret Act, Right to is laudable in intention and practical conveys an idea by virtue of its very Information, File Notings, Case in approach. It is laudable because close reproduction of the actual Diary, Public Document, Intelligence it is meant to achieve results; it is object or event. International traffic Agencies, Information Regime, practical because it is the only and signs, which must transcend Government Openness, Central the best way to communicate that particular languages to convey an Information Commission, Public can have an affect, if taken seriously idea directly, such as a circle with a Information Officer. both by the viewers and law bar across it to represent negation, Abstract enforcers. Signs are as old as are examples of icons. Yet in spite civilization. These were the basic of low grade priority given to traffic Right to Information Act, 2005 is means of communication. These signs in the study of semiotics, the the backbone of the new developed much before the alphabet. insights into the system are Information Regime in which The non-linguistic sign helped extremely valuable to discern the transparency and openness is the people to communicate. Semiology meaning of the signs that ubiquitous. order of the day. Legislature is or semiotics is a science of signs that Sign is a ‘system of discourse’ (Culler; entrusted with the sacred studies the significance thereof. It is 103) It is used to ‘make explicit constitutional duty to watch public a study of signification that is meanings they seem to bear and interest and lay down policies for contained in the sign. A sign is a reconstruct the system on which these public welfare. Accordingly, the composite of a signifier and the meanings are based.’ (Ibid. 101) Codes instrumentalities of the state are

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required to implement the law ‘ as removal, appeal, powers and Motivation, Capacity building it is’. In a democracy, public interest functions of the Central and State Training, Village defence Police is supreme. Where public interest Information Commissions. The Officers, Constabulary outweighs the need for secrecy, Information Commission can empowerment. openness is the rule. Police should impose a penalty of 250 rupees each Abstract become part of the new public order day till application is received or without hesitation. A paradigm shift information is furnished, subject to The police organisation consists of is required in the approach of maximum amount of 25000 rupees. majority of constabulary whom, police to give up secretive Keeping in view the specific the founder of the Indian Police- tendencies and share information requirements of intelligence and the British colonial ruler-preferred with public as per the provisions of security organizations, such not to give any work of the Act. It is, therefore, clear that agencies notified by the state and responsibility. The same pattern police can protect the identity of the central governments are kept out of continued after Independence too. source of information as well as purview of the RTI Act, 2005. refuse to give information which Preamble to the Right to They still form the majority of the can hamper the progress in Information Act, 2005 declares that organisation. The same culture of investigation. But the exemption democracy requires an informed not trusting and not giving them from disclosure of these citizenry and transparency of any responsibility too continued. information is not absolute and is information which are vital to its Presently they form 87 percent of subjected to the test of public functioning and also to contain the organisation. interest. Second provison to section corruption and to hold governments Any police reform would be 8 provides that a public authority and their instrumentalities incomplete until problems in this may allow access to information of accountable to the governed. It is segment are addressed. The poor exempted category, if public truly reflected in proviso to section country like ours cannot afford to interest in disclosure outweighs the 24 of the Act which provides that spend on such a huge workforce harm to the protected interests. information pertaining to the unless it contributes effectively. Further, information, which can not allegations of corruption and Therefore, this issue needs urgent be denied to the Parliament or a human rights violations can be attention. In this paper the views State Legislature, shall not be sought. of some of the corporate leaders denied to any person. Appeal The Constabulary about the role of the people are against the decision of the Public Empowerment: Issues and Information Officers, as the case discussed. The barriers to the Outcome: A Case Study may be, can be placed before the constabulary empowerment and Hasmukh Patel Central or State Information solutions to the issue are discussed Commission. Chapters III, IV and Key Words in details. V of the Act are devoted to Constabulary, Responsibility, Various initiatives taken in provisions regarding constitution, Workforce, People, Barrier, Work Bhavnagar district in last two years term of office, condition of service, culture, Officers, Mindset, in this area have been discussed.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 9 ….AND FIRST PRIZE GOES TO INDIA A SUCCESS STORY OF RAJASTHAN POLICE Dr. S.K. Kataria*

Not only in Rajasthan but all over Almost half of the population and India the image of police reflects its area of this colony comes under the Key words colonial character, which was purview of Shipra Path Police developed for the interest of British Station. A total of 2.7 lac population ‘Police Stations Visitors rulers. Even after Independence the of this police station is living in about Week’ face of Indian police remained 45 sq. km. area. There are two unchanged, and unfortunately it has dozen higher education institutions Altus Global Alliance become synonymous with cruel, established in this area, and highly Team Building inhumane, corrupt and inactive educated government servants and mechanism. In India, the police is professionals are the owner of the Leadership popularly perceived as a power houses, built by Rajasthan Housing wielder with an enforcement role. Board. There are eight villages Community Participation situated near the city area are also Detention Condition In such a situation, it is almost served by this police station. The unbelievable that an Indian police forty percent of the population is Accountability station is declared world’s number Hindu and Hindu-Sindhi community one or ideal police station. But it has with their roots in Pakistan, while Transparency happened and Shipra Path Police Muslims are marginal at 2 per cent. Civil Police Officer Station of Jaipur city is the winner of Labourer and nomadic community ‘Police Stations Visitors Week’, accounts for a few thousands. Case Officer Scheme organized for the first time in 2006 Motivation by Altus Global Alliance. The building layout of this police station is according to the General Profile implemented standards for Rajasthan police, in the newly Established in March, 1996, the constructed police stations. There Shipra Path Police Station falls under are 20 rooms in main police station administrative purview of Jaipur city building and 13 staff quarters flats, (East) police district. This police station with a small temple in the premise is located in outskirts area of Jaipur of police station. There are two *Lecturer (Pub. Adm.) and UGC city in Asia’s largest housing colony lawns and hundreds of trees and Post-Doctoral Resaeach Fellow Maansarovar, which is developed by plants giving pleasant look to the 81/91, Maansarovar, Jaipur a government agency. station. Chairs, benches, sofa and

10 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ….And First Prize Goes To India A Success Story Of Rajasthan Police

other facilities are in good condition. incidence of theft. During Tenth All the rooms are furnished with Five Year Plan (2002-07) revamping paint, polish, curtain, chicks, carpet, of police programme was initiated. aluminium glass window with But the sea-change came during enough natural light and ventilation. two and half year tenure of Mr. A special kitchen or mess and toilet Sunil Punia, S.H.O. of this police facilities for police personnel are station. Mr. Punia joined this police in excellent condition. This police station on first day of October, 2004. station is well equipped with jeep, He was very disappointed with the wireless, armament, telephones (2) negative and notorious image of and other essential things. There police. He often thought- “Can we Physical Condition are nine computers in this police change the image of police? Can I Equal treatment of the station and all are in working make my police station an ideal public condition. There is a fountain made one?” During this thought provoking with marble stone at the central process, he decided to take co- Democratic Police area of the station near to specific operation from his subordinates, Programme place for public meeting. The superiors and public. boundary wall of the station is Reform decorated with fancy lights. There Meanwhile, Vidhayakpuri Citizen’s Welfare is a ramp for disabled and old police station of Jaipur city got persons. Separate parking place ISO : 9001–2001 certificate in Night Patroling are available for police and public. November, 2005. Then in March, Waiting hall and entertainment 2006, D.G.P. of Rajasthan, Mr. A.S. ISO Certificate facilities are available for visitors. Gill gave instructions to popular and Community Liason At every corner of the station, one competent police stations to Group can easily spot ‘dust bins’. improve their standards upto the international level. In this regard, There are about 40 posts Mr. Punia started his efforts to sanctioned viz. one S.H.O., 3 Sub receive ISO certificate. Inspectors, 11 Assistant Sub Inspectors, 3 Head Constables and Mr. Punia also decided that he 20 Constables. There is a separate would identify the problems and women cell headed by a lady expectations of each stakeholder and assistant sub inspector. after identification team effort would be made to receive ISO certificate. Reforms Process Mr. Punia believes, that- “To handle yourself use the mind and to Before 2003, the Shipra Path handle others use your heart.” Police Station was an ordinary police Because people can be changed station, notorious for regular through hearts only.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 11 ….And First Prize Goes To India A Success Story Of Rajasthan Police

As a first step, 41 year-old Mr. of action. During this process, he Punia organized a meeting with his remained neutral in all aspects and subordinates and sought their co- did not take a single decision under operation in the police reform pressure of his superiors or political process. He urged all his leaders. He followed the rule of law subordinates that it is a high time so that nobody could raise a question to change ourselves because the against his action. He knew that entire socio-economic as well as subordinates watch, follow and administrative systems are getting evaluate the behaviour of their changed very rapidly. During the leader. Abstract meeting , he invited free and frank In India, the police is suggestions, opinions and In the next phase, Mr. Punia innovative ideas from his discussed his plan of action with his popularly perceived as subordinates to change the face of superiors viz. Circle officer (Dy. S.P.) power wielder with an police. The major problems and and superintendent of police (Jaipur enforcement role. Most hurdles of police personnels were City, East). He requested for their of the Indian citizens try identified and categorized. Mr. approval and co-operation to not to face police due Punia made a promise to all his accomplish the herculean task. The to its notorious image. In subordinates that he would try his entire reform process of this police such a situation, it is al- best to solve these identified station is the result of a good team most unbelievable that problems through the support of his of superiors including, Mr. A.S. Gill, an Indian Police Station superiors and public participation. D.G.; Mr. O.P. Galhotra, I.G.; Mr. was declared world’s He also made a committment that V.K. Singh, S.P.; Mr. Sanjay Shotriya, number one police sta- his decisions and leadership would A.S.P. and Mr. Gyan Chand Yadav, always remain objective and Dy. S.P. who motivated and tion in April, 2007 on five unbiased. supported Mr. Punia and his major criteria viz. Com- subordinates. munity Orientation, Physi- After holding the meeting with cal Conditions, Equal his subordinates, Mr. Punia came to During various informal Treatment of the Public, know the basic problems of police meetings, Mr. Punia requested his personnels viz. mismanaged mess, superiors not to put undue pressure non availability of furniture and regarding disposal of various cases stationary, long duty hours, non-co- because such type of practice operation by public and politico- could derail the entire process of administrative pressures, etc. He police reforms in his police station. knew that without solving these After getting green signal from his problems the satisfaction level of his superiors, Mr. Punia organized a subordinates would not be raised. meeting of Community Liaison After a week of long thinking and Group (C.L.G.) of his police station. table exercise he chalked out a plan Mr. Punia expressed his mission

12 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ….And First Prize Goes To India A Success Story Of Rajasthan Police

and plan of action in front of C.L.G. personnel trained in public relations and invited their views and was opened. The basic facilities suggestions to make Shipra Path an i.e.-chairs, table, sofa, cold water, ideal police station. C.L.G. fan, television, newspapers, first aid members were of the view that box were provided at this counter. increasing incidence of theft and All the necessary informations, rude behaviour of police personnel telephone numbers, legal processes, are the basic cause of negative rights of public and general guidelines image of police in the nearby were put on the walls of the reception society. As per the suggestion of room. All the police personnels of this C.L.G., Mr. Punia approached the police station started changing their Transparency and Ac- sectorwise citizens welfare attitude towards common man or countability and Deten- associations through their visitor of the station. They became tion Conditions. Altus Glo- respective beat constables. more polite and co-operative with bal Alliance, an interna- Mr. Punia also gathered the public. The tendency of not tional voluntary organiza- informations and trends regarding registering F.I.R. was changed. tion, organized “Police all types of crimes in various parts Every visitor or applicant to police Stations Visitors Week” in of the localities. In order to make station was being treated properly. 2006. A total of 471 po- police public-friendly, Mr. Punia, It is important to mention here that lice stations from 23 himself or his representative most of the police stations try not to countries participated in started attending monthly meeting register. F.I.Rs because it increases of citizens welfare associations. the numbers of crime in their this event and was de- The police personnels made respective area. In fact, the clared the best. Before promise for safety of public and increasing number of crimes is not 2004, this police station their assets, but at this stage hardly due to the failure of police only but was known as an ordi- anybody believed the words of the other social, economical, political, nary and inefficient orga- police. administrative and judicial factors are nization but under the also responsible. Altus Global leadership of Mr. Sunil At the onset of implementation Alliance does not consider the Punia, SHO and other of- phase of Mr. Punia’s plan of action, increasing number of crimes during the punch line (motto) of Rajasthan the assessment of performance of police “Faith in Masses : Fear police. Two boxes—‘complaint box’ amongst Criminals” (Aamjan and ‘suggestion box’ have been Mein Vishwas : Apradhiyo Mein placed at the entrance, if a visitor has Bhay) was displayed on the police any problem or grievance he many station. The conventional guard with drop his complaint in the ‘complaint a gun and heavy moustache was box’ and suggestions or good ideas removed from the entrance of police can be put in to ‘suggestion box’. Both station, instead a reception counter the boxes are opened regularly and with a computer and a police all the applications are recorded. The

The Indian Police Journal Vol. LIV No. 4, October-December 2007 13 ….And First Prize Goes To India A Success Story Of Rajasthan Police

S.H.O. with the help of C.L.G. televisions, one water cooler, 5 ensures the proper action on each desert coolers, 12 fans, 30 fancy application found in these boxes. The lights, one freeze and other electric law students studying in nearby equipments, the consumption of colleges also provide legal advice to electricity was expected to escalate, visitors. Almost every street wall of but because of a habit of control on the service area of Shipra Path Police misuse of electricity the electric bill Station endorsed first hand remained unchanged. information regarding the name of beat officer and his mobile number The other efforts of Mr. Punia ficers, the station wit- alongwith telephone numbers of were related with human resource nessed sea change. Now police station. development. He started Yoga and this police station is full of meditation for police personnels to infrastructure facilities Such type of efforts and release their mental tension. Almost all which are provided by reforms attracted the attention of his subordinates were sent to in-service local community. A public and media. The opinion of training programmes conducted by team of three dozen po- public about working of police was police headquarters, police lines, police lice employees is moti- changed. The ‘Visitors Register’ academy or other institutions. Since, available at reception counter is an Mr. Punia had identified the problems, vated, integrated and authentic document of appreciation. needs, merits and demerits of each committed one. The At this stage, the public provided subordinate, he started to depute his behaviour of police per- helping hands to police station. The subordinate according to his respective sonnels, their attitude, basic amenities viz. lawns, plants, caliber. The scientific rule of division cleanliness of the station water cooler, desert cooler, chairs, of work was followed. The entire and other best practices sofa, tables, aluminium glass doors, internal administration of the station was make them ideal police chicks, carpet, marble fountain, first divided in to six main sections viz.- station. aid box, fancy lights, shelter, freeze Administration, Records, Maalkhana, and television sets available in this Night patrolling, Communication and police station are donated by local Other miscellaneous duties. Each peoples. There is a set process to section was supervised by a head accept public contribution in this constable, so most of the complaints police station. The construction of regarding overlapping of duties and ramp and renovation of kitchen non-compliance of various activities (mess) with a dining table is also were reduced by proper distribution of provided by local community. work. Every room was numbered and Rainbow telecommunication the name of the personnel sitting in it company bears the responsibility of was displayed on the wall of the rooms, cleanliness and maintenance of so that every visitor could find police entire premise of the station. Due personnel easily. Mr. Punia made it to installation of 9 computers, 3 mandatory that tea or coffee will be

14 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ….And First Prize Goes To India A Success Story Of Rajasthan Police

prepared at station’s mess only and no tea will be brought or mishandled material. The evidential material viz. clothes, from outside of this police station. During this reform process, armaments, documents, samples for forensic laboratory, etc. all the police personnels decided voluntarily that they will were collected and categorised in a scientific manner. Each not smoke in the station. As a new convention, the name of sample or evidence was labeled with name, case number, month’s best employee was displayed on the notice board F.I.R. number, date and year and other relevant details. of the police station. All the essential steps were taken to avoid The system of night patrolling by police was destruction of the material by seepage, rodent and strengthened to ensure public safety. Along with police termite. Likewise, the other records available in various personnel duty, community policing system was also rooms in the station were categorised according to the initiated. Under the ‘Civil Police Officer Scheme’ one subject. Each almirah and its rack was numbered and or two guards were deployed in each sector (muhalla). registers with their concerning files were put there. For These guards are trained and controlled by this police example, the rack number one in the first room of the station and paid by local community (Rs. 15 per household station having 10 files: I-Case Office Scheme File, II- per month). Basic informations of each household were Public Participation, III-C.L.G., IV-Household Survey, stored in the police records. A special database record of V-Hard Core Criminals, VI-Priorities of Police, VII- domestic servants and tenants with their photographs was Mutual Settlements, VIII-Women Desk, IX-Domestic also created. The Shipra Path Police Station had Servants, Drivers and Chowkidar File and X-Tenants developed a special format named- “know your Proforma. Records available in other rooms were neighbour”. In this printed format, every household was categorised yearwise, casewise, crimewise or subjectwise requested to fill up house number, name of owner, whatever the feasibility. All the old records were stitched address, telephone numbers, working place, vehicle model with a hard cover register and properly labelled. and number of his/her 8 neighbourers. (3 in front, 3 in backside and 2 in lateral). One copy of this format was So far as detention conditions are concerned, there submitted to police station and another was kept by are separate latrine and bathroom for men and women. householder himself. These exercises helped the police Measures have been taken to avoid any type of accidents in controlling crimes and solving pending cases. in the custody room. The rights of the person under police custody (detenee) are mentioned on the poster, Meanwhile, an innovative scheme was launched by D.G. put on the wall of the custody room. There is a separate of Rajasthan Police, Mr. A.S. Gill. Under this ‘‘Case Officer room for investigation or interrogation. In this police Scheme’’ the popular or notorious cases were taken up. station, third degree is not used but socio-psychological The case officer scheme ensures integrated efforts of police, approach is being followed to extricate the facts from prosecution agency and judiciary. The ultimate aim of this criminals. The minor cases are being settled down scheme is to ensure prompt and proper decision of the case, through mutual compromise (Raazinama). These types so that society may receive a good message. This police of case are also kept on the record of the police station. station has solved many popular cases under this scheme. It is needless to say that these efforts of the police have helped This police station is full of informative posters, in changing their image. In this series of reforms, the next notice boards and pamplets i.e. punchline of Rajasthan step was to manage ‘Maalkhana’ (Store). Like other police police, priorities of police, salient features of an ideal stations, the Maalkhana of this station was full of unlabelled police station, citizens charter, anticorruption

The Indian Police Journal Vol. LIV No. 4, October-December 2007 15 ….And First Prize Goes To India A Success Story Of Rajasthan Police

mechanism, right to information, duties of police, process 1. Totally inadequate (20 points) to approach Ombudsman (Lokaukt), free legal aid 2. Inadequate (40 points) process, policy of police quality, security measures for 3. Adequate (60 points) detenee, progress of Shipra Path Police Station, the 4. More than adequate (80 points) identified spots of vehicle theft and prevention of 5. Excellent (100 points) violence against women. On the other hand, some motivating posters like eye donation, prohibition of The questions were classified according to a scoring dowry, child labour and traffic safety are also displayed scale which was based on the calculation of percentiles on the walls of the station. The visitor’s book is full of 20, 40, 60 and 80 (resulting in 36, 52, 68 and 84, comments by senior level police officers, academicians, respectively) in a distribution of possible average scores administrators, voluntary agencies’ representatives, varying from 20 to 100. As a result, the classification foreigners, I.I.T. professionals, media persons and categories are: common man. No doubt, this police station had gone through a dramatic change during 2005-06 due to Average Score Category commitment and team efforts. Over 84 Excellent Over 68 untill 84 More than adequate Now comes ‘Police Stations Visitors Week’. The Over 52 untill 68 Adequate Altus Global Alliance, an international voluntary body, Over 36 untill 52 Inadequate organized this event from 29 October to 4 November, Untill 36 Totally inadequate 2006. A total of 471 police stations from 23 countries participated in this event. The entire staff of Shipra Path Police Station was confident to compete at international Finally, the average score in each observation area level because they had fantastic physical infrastructure, was the simple average of the four questions. The final public participation, transparency and commitment, score was the simple average of the five areas, Viz.- motivation by superiors, a good image in local Community orientation, Physical conditions, Equal community and above all their confidence. It was enough treatment of the public, Transparency and Accountability to be declared as a model police station. and Detention conditions.

Altus chose two partner organizations in India to co- Team leaders were provided with a short training ordinate and implement the event in the country. A that guided them in leading visitors around the station, memorandum of understanding was signed between writing the narrative report and providing the filled Altus and these partner organizations. Nine participating questionnaires to the organizers. The filled questionnaires organizations were also chosen to visit the police stations. and narrative reports were uploaded on a specially A kit (set of questions and assessment proforma) prepared secure website and scores automatically comprising 20 questions or criteria was provided to generated. Visits were verified through partner participating organizations to assess the police stations. organizations and filled questionnaires were collected The kit or its questions used during the police stations and checked with the uploaded scores. Visitors appointed visitors week were based on the Likert Scale, in which by participating organizations interviewed and discussed the possible answers vary from 1 to 5. The scoring was the issues with public, observed everything in police done as follows: station, made discussions with all staff members and their

16 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ….And First Prize Goes To India A Success Story Of Rajasthan Police

superiors and checked all the records and equipments. After overall evaluation, the Shipra Path Police Station They visited all the places of this police station too. was declared the best police station of Rajasthan (10 Finally the team leader to Shipra Path Police Station competitors), then the best in the country (105 competitors) remarked, “We had no difficulty in reaching police station next it got top position in Asia (167 competitors). as there were plenty of signboards on the way. On reaching there we were surprised at the cleanliness as it Assessment of Shipra Path Police Station on Five was more clean than a good house or a hotel and did not Indicators look like a government police station building. The filing system is flawlesly unbelievable. At our request, a three- Indicators Scores year old record of a complaint was located within four Community Orientation 99.67 minutes. There was a ramp for elder and handicapped Physical Conditions 100.00 people which is very rare in government offices. We had Equal Treatment of the Public 98.33 a wonderful experience on our visit. We were in the police Transparency and Accountability 100.00 station for 2 hours and 10 minutes and we failed to find Detention Conditions 100.00 any shortcomings or negative point.” Average Overall Score 99.00

Further, the report says, “A number of good At the last stage, one police station was to be declared practices could be traced in this police station. These the best among five police stations each from five include the overarching organization and streamlining continents (Regions). of police station operation via the International Standards Organizations, ISO: 9001-2001, a systems In final round, the assessment report was not only the quality management procedure adapted from the criteria for selection. At this stage, an expert on police science industry, mobile interactive office (beat bags), specially visited regional topper police station. Mr. Richard Aborne, prepared information charts and posters, ongoing an American expert, visited Shipra Path Police Station. He training of staff, selection of most efficient cop every was stunned to see such an excellent, clean and public month to motivate staff performance, services for friendly police station in a developing country. He submitted women, referrals services for victims, detailed display his report to the Altus. In first week of April, 2007, a five, of station performance vis-à-vis crime and prevention, S. Name of Police Station Country number of community-police groups that have regular No. Region and recorded meetings. There were separate clean 1. Illupeju, Logos Nigeria clothing for detainees, rules in cells and record of every Africa item/procedure in the station. The confidence of the 2. Shipra Path, Jaipur India station police staff in their work can be gauged from Asia the statement (in response to the state police chief that he would grant out of turn promotion to 150 best 3. Kanashskiy, Govd Kanash Russia performing constables from the state with a total Europe strength of 20,000 plus constables in 711 stations), the 4. 9th Police Station, Sao Paulo Brazil 30 constables in Shipra Path Police Station have told Latin America their seniors that they need to identify 120 more since 5. Palmdale, Los Angeles U.S.A. 30 will be from their station itself.” North America

The Indian Police Journal Vol. LIV No. 4, October-December 2007 17 ….And First Prize Goes To India A Success Story Of Rajasthan Police

member jury was constituted to judge the best police station Team Leaders 106 of the world. Before taking final decision, every regional Visitors Received by 396 topper police station was asked to present the process and the Stations efforts of their reforms and best practices of the station. Average Overall Score 69.15 Community Orientation 74.66 Final Stage Competitors Physical Conditions 67.49 Equal Treatment of 62.00 Mr. Punia made presentation in front of the jury and the Public representatives of four other top police stations. A Transparency and 75.33 question-answer session was also held. Mr. Punia gave Accountability satisfactory answers to all the queries raised by the jury Detention Conditions 66.29 and other police stations’ heads. Partner Organizations Aide et Action, India North-Eastern Finally, came the day of April 5th, 2007. Shipra Path Institute of Police Station was declared world’s best police station. The Development mayor of Hague conferred the award to Mr. Punia. The Participating Organizations Women Cell D.G. of Rajasthan Police granted out of turn promotion to (Ludhiana, 30 employees of Shipra Path Police Station. Next month Jaalandhar) the ISO: 900-2001 certificate was given to this station for maintaining international quality standards. In June, 2007 Commission Agents Mr. Punia was transferred to Vaishali Nagar Police Station Association in Jaipur city to extend the best practices. On the eve of (Bathinda, Patiala), 61st Independence Day, the Governor of Rajasthan Mr. Punjab A.R. Kidwai provided a ‘Pistol’ to Mr. Punia as an honour Local Self Bodies of the best police officer. Mr. Ashok Chouhan, the successor (Panchayat/ of Mr. Punia says with determination, “to achieve a good Municipal image and best work performance may be a simple task Councilors) sometimes, but the maintenance of the standard is always a (Amristsar, tedious job. We assure you that we will keep the Indian Flag Hoshiarpur), Punjab high.” The police personnels of Shipra Path Police Station Community Policing say loudly-Chak de India. Resource Centre (Khanna, Patiala, Police Station Visitors Week, 2006 in India: Some Amritsar, Jalandhar facts Hoshiarpur), Punjab Social Care and Police Stations 105 Development Society, States and Cities Punjab : 65 Chandigarh Andhra Pradesh : 10 Chandigarh : 10 Resident Welfare Rajasthan : 10 Committee (Sector 36, Meghalaya : 10 17, 39, 34, Mani

18 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ….And First Prize Goes To India A Success Story Of Rajasthan Police

Majra), Chandigarh Stations Visitors Week would focus on sharing good Market Welfare practices, promoting international standards and building Committee (Industrial positive relationships between police agencies, NGOs and Area, Sector 11, 31), the community. Chandigarh Community This kit was translated into 17 major languages in Liaisoning Groups 2006. During Police Stations Visitors Week (29 October (C.L.G.), Rajasthan to 4 November, 2006) it was used to assess the working of police stations. A total of 471 police stations from 23 North-Eastern Hill countries participated in this event, assisted 32 partner University (NEHU), organizations, 44 participating organizations and 42 police Shillong agencies helped Altus to organize this international event. The kit developed by Altus put stress on five major area Altus Global Alliance and its Working of working of police. These are:

Altus Global Alliance is an international voluntary Community Orientation agency established in April, 2004. The headquarter of Physical Conditions this organization is at Hague, Netherlands. This Equal Treatment of the Public organization works in all continents with the help of its Transparency and Accountability 6 member organizations and 2 associate member Detention Conditions. organizations. There are 300 representative or employees of Altus working all over the world. Altus The assessment and evaluation of the participating police places special emphasis on police accountability and stations was done on the basis of observation, interaction, the quality of police oversight, serving as a source of feedback, filling up of questionnaire, survey of records and knowledge and innovation for government officials, opinion on experts. There were four levels of competition human rights activists and citizens around the world, viz. state, country, region (continent) and the world. This concerned about the effective and fair control of event was started in October, 2006 and ended in April, 2007. policing. Participating Countries, 2006 Altus had prepared a kit to promote police reforms 1. Belgium 2. Benin under the aegis of Ford Foundation’s ‘Democratic Police 3. Brazil 4. Canada Programme’ in 2002. This kit was tested in 10 countries 5. Chile 6. Germany including India. The kit comprised structured questions and 7. Ghana 8. Hungary observation indicators for the assessment of functioning 9. India 10. Latvia of police. After testing this kit in 10 countries, the feedback 11. Liberia 12. Malaysia received by Altus and same was analysed in a meeting 13. Mexico 14. The Netherlands held at Saintiago, Chile in November, 2002. The kit was 15. Niger 16. Nigeria modified in 2004 and 2005. Again it was tested in few 17. Peru 18. Russia countries. The Altus management board approved this kit 19. South Africa 20. South Korea in 2006 and decided to organize ‘Police Stations Visitors 21. Sri Lanka 22. United Kingdom Week’ first time in world history. Altus envisaged that Police 23. United States

The Indian Police Journal Vol. LIV No. 4, October-December 2007 19 OPERATION AMAN A CRPF INITIATIVE ON BRIDGING GAP WITH PEOPLE OF J & K A.P. MAHESHWARI*

Background & Objectives thousand force personnel have been deployed at the various hot-spots of Key Words The challenge of tackling the state to assist the state police. terrorism/insurgency by a para- The force personnel have to face all Operation military force in any region is the cultural, political and social normally a complicated affair, due to resistance listed above, and some Aman a number of intrinsic factors that more that are specific to the situation Professional force include hostile psychological in a state like J & K, which has a reactions of the citizens to a newly volatile post-Independence history of Insurgency introduced force, social, cultural and resentment against Indian security Clinical Exercise ethnic conflicts at the cutting edge, forces and personnel. use of ideological propaganda by the Mandate adversaries and lack of optimal level As a professional force, it was Ideological Propaganda of interaction between the locals and clear to the command since the early the force personnel. All these result stage of its deployment that for Partnership into a gap of perceptions and lead to achieving the stated goals, mere Benevolent Intervention festering mistrust in the minds of professional and clinical exercise of both the force personnel and the mandate will never yield optimal Cultural Differences local citizens. Although the situation results. The idea of tackling Enviorenmental is fraught with grave implications, terrorism in J & K includes, per se, the redeeming feature is the inherent countering propaganda, which is a Constraints commonality of purpose that is to part of tactics of the adversary, establish normalcy and allow socio- maintaining restraint in face of grave economic activities to take place. provocations, keeping the morale of the personnel high, presenting a The CRPF was redesignated as humane and civil profile at all times the main Counter Insurgency force in interactions with the local people by the Group of Ministers after the and be fair and honest in all dealings. Kargil war in 2001. As a consequence, the force was given an It is obvious that a routine important role to play in tackling the approach would never yield problem of terrorism in the state of expected results. Secondly, *I.G (Operations) CRPF Jammu and Kashmir. Over 65 whatever may be the environmental

20 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Operation Aman A CRPF Initiative On Bridging Gap With People Of J & K

constrains, unless a complete synergy at times given a handle to the with people is attained, the real divisive tendencies. These cultural multiplier effect of our endeavours differences are easy to be exploited may not be felt on the ground. It by the anti-national and anti- was, therefore, decided to tackle the integrative forces. When security environmental factors seriously and personnel from different regions are take proactive steps for turning sent for Counter Insurgency duties, around the negatives in our favour. they too become a fodder of divisive This led to the identification of the propaganda and become intrinsic to opportunities for intervention, and the the problem. Sensitive handling of Abstract ideal tools to do it, finally culminated cultural differences, therefore, into what was codenamed ‘Operation becomes important in such The CRPF was Aman’. situations. redesignated as the main Counter Insurgency force Identification of Problems Economic Hardships : As by the Group of Ministers with all insurgency prone regions, J after the Kargil war in 2001. Alienation : Through sustained & K too is affected by great As a consequence, the propaganda, the adversaries have economic divides and outright force was given an succeeded in creating a wedge poverty. Add to it the natural and important role to play in between the people and the para- climatic hardship of the region and tackling the problem of military forces. For too long this you get a difficult economic scenario terrorism in the state of situation was allowed to drift, that would take time and sustained Jammu and Kashmir. Over leading to active hostile positions effort to turn around. With poverty 65 thousand force being taken and maintained by are associated the usual mix of personnel have been security force personnel and the unemployment, illiteracy, hold of deployed at the various hot- local people. This has the far- superstitious beliefs and venom spots of the state to assist reaching consequence in terms of spewing religious leaders. This the state police. The force lack of actionable and reliable heady mix is the cannon fodder for personnel have to face all intelligence, absence of trust and our adversaries. In a limited way, the cultural, political and alienation. All of these factors have the forces have to take an account -in fact, helped the adversaries in of these factors, initiating some steps their aim of secessionism, and made to bring immediate relief. the task of controlling the terror groups all the more difficult. Misunderstandings : The breakdown in normal democratic Cultural differences : In India, channels of communications for all the regions, which are many, are long periods of time at the local in some ways culturally distinct. political level has created an These diversities have always been atmosphere of mistrust. The the strength of the Nation, but have situation lends itself to

The Indian Police Journal Vol. LIV No. 4, October-December 2007 21 Operation Aman A CRPF Initiative On Bridging Gap With People Of J & K

misunderstandings of motives, aims, and informal daily interactions at modus operandi and procedures of various levels, starting from the top the security forces. It is easy to leadership. provoke and incite the people against the security forces, when the people The next level of interaction was are inadequately briefed about the with the people directly, and this was reasons behind most of the slowly cultivated through operations and actions of the forces. organization of cultural programmes. At a more subtle level, Key Innovations the supervisory officers in the first social resistance listed instance, and progressively the above and some more that Reaching out: The first and Jawans were sensitized to the need are specific to the situation most important innovation has of the best behaviour when in a state like J & K, which been the recognition of the fact that interacting with the local people, has a volatile post- the forces and specially, the despite facing initial provocations Independence history of leadership within the force will and hostilities. Here also the result resentment against Indian have to take the initiative to reach in terms of better relations started security forces and out the people through whatever flowing in slowly. The rapport has personnel. Through means available. been easier to establish in smaller sustained propaganda, the towns and villages than the bigger adversaries have The first and most obvious cities, where the people have been succeeded in creating a starting point was to establish a fed with sustained negative wedge between the working relationship with the local propaganda for a longer period. people and the para- press persons who are not only military forces. For too long aware of the local needs and Electronic media, which has this situation was allowed to problems, but also give certain gained a lot of importance in drift, leading to active directions to public debates. Kashmir valley, has also been hostile positions being taken Although not a formal part of extensively used to reach out to and maintained by security Operation Aman, this was the first people. force personnel and the step in the exercise. We used local Kashmiri media, both print and Thus, under Ops Aman various electronic, as the mediator between cultural and media interventions the forces and the people. The were made as follows: initial hostility was evident even in the media interface, but it soon Weekly programme made way for a healthy “Shagoofey” on television for understanding of the role and interaction with masses, motives on both sides of this particularly children. interface. The interface included Cultural programmes on both formal and regular briefings important occasions for better

22 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Operation Aman A CRPF Initiative On Bridging Gap With People Of J & K

public interface in an informal undertaken, specifically to deal with friendly environment. the three specific problems listed Broadcasting of “Hello above. Kashmir” programme on All India Radio/Radio Kashmir. Adoption of villages (Kamalkote This was aimed at interacting and Sarai Bundi) for infrastructure with CRPF Jawans posted in development was a major task. valley at various places and These villages were ravaged by broadcasting messages for the J & K earthquake, and in the immediate aftermath of the quake, public too along with popular local people. This has the the force had to provide these two, songs. far-reaching consequence along with many other villages, “Phone In” programme on in terms of lack of with food and essential Radio Kashmir, in which both actionable and reliable commodities for several months. the force personnel and the local intelligence, absence of people participated where trust and alienation. All of A number of all India study tours people could phone in at given these factors have in fact, (code named “Ehsas’) time for resolving their helped the adversaries in conducted for children from problems and solutions were their aim of secessionism, interior regions, disadvantaged aired on Radio Kashmir. It led and made the task of groups and orphans of militancy. to accessibility with controlling the terror groups This also carried back home the accountability and transparency. all the more difficult. The first feeling of National Integration. Musical jingles and drama spots and most obvious starting point was to establish a were made and broadcast on Promotion of sports and working relationship with Radio Kashmir distribution of sports items the local press persons A number of documentary films to various schools and who are not only aware of on local themes were made and organizations remained on the local needs and telecasted on local television agenda. Sports have an problems, but also give networks, including private universal language and appeal. certain directions to public channels and government - run The youth in Kashmir have a lot Prasar Bharti. of flair and craving for various sports but the schools are often Benevolent intervention : The lacking in facilities. This is hardships faced by the people of J & being supplemented by the force. K are numerous and related to Championship tournaments economic under-development, were organized in Table Tennis, climatic and natural cause and long Lawn Tennis, Squash, etc. “Run drawn insurgency. For lending a for peace” was organized in helping hand to the people in the Srinagar where people from all region, a number of projects were walks participated.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 23 Operation Aman A CRPF Initiative On Bridging Gap With People Of J & K

Boost to local music was given Respect and humility: It is by organizing stage shows of important that while dealing with local artists. Musical the people, position of superiority instruments were also should not be displayed. Even in distributed (Relief and economic interventions, care has Rehabilitation centre run by an been taken to project utmost NGO ‘Rahatghar’ in Srinagar). respect towards those who receive the aid. The aim has been to Health and hygiene remained establish partnership rather than high on priority. Mobile and domination through Operation debates. Although not a semi-static medical camps in Aman. The supervisory officers formal part of Operation huge numbers were organized used by the command in the Aman, this was the first especially in interiors. This has Operation have been thoroughly step in the exercise. We made an immediate and expected sensitized regarding the need to be used local Kashmiri impact of spreading happiness humble. Indeed, the message that media, both print and and goodwill. Regular blood is being sent through them is that electronic, as the donation camps, eye camps and the security forces are there to help mediator between the AIDS awareness drives also the people get back on their foot forces and the people. yielded great benefits. and reclaim their rightful lives, rather than become dependent on Economic project for widows of the forces. militancy also formed part of this mission. Sewing machines Partnership in mission : It is for institutions (NehruYuva important that the mission gets Kendra, Badgam) helped many strengthened through a more robust destitute women to stand on public participation, right from the their own feet by developing planning stage. Care is being taken economically relevant skills. to involve the local people at all levels of planning and Culturally Non-intrusive: In implementation of the projects under all the programmes conducted/ Ops Aman. undertaken under Operation Aman, it has been consciously kept in Constant and understated: mind that there should not be The effectiveness of the project can imposition of outside culture. All only be ensured through its the programmes conducted have continuity and commitment towards been in consonance with the local its ideals. Single or random culture and ethos, and often, the interventions of this nature will not intervention has been discreet and have an impact, and Operation Aman understated. is, therefore, getting sustained

24 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Operation Aman A CRPF Initiative On Bridging Gap With People Of J & K

support from the command. Another important aspect Hazi Mustafa, Headmaster, has been to avoid propaganda and moralizing through Govt. Boys Highschool, Kamalkote this project. The messages have been subtle, understated, and pegging on basic principles of humanity and In earthquake our village fully collapsed. We cannot partnership. believe that again we are studying in School. We are very much thankful to CRPF. Progressive : The ideas and concepts projected Miss Sabika, 9th Std, through the programme are progressive, integrative and Govt. Girls High School, Bandi developmental. Thus, the study tours for the children highlight the diverse cultural ethos of the country, CRPF has given employment to youngsters and promote receptiveness towards new ideas and cultures, orphans of this village. This is highly motivating for us. fostering integrative nationalism. While promoting sports Mr. Fida Hazzan Manaz, Student, Kamalkote and music, the projects aim at using the universal language of group activities and partnerships. The target CRPF constructed Girls High School in Kamalkote groups are mostly the children, the disadvantaged and that is why we are studying…. Otherwise there was no those living in remote regions having no access to modern future for us. means of communication and education. Miss. Jaswada Iqbal, Student, Kamalkote Success Stories : Voices From J & K B : Educational Tour Organised For Orphans And Destitute Children Of Kashmir That Operation Aman has made an impact is evident from latest statistics on levels of violence (specially against Miss Zamrood, Superintendant, Rahat Ghar (An the security forces). But much more authentic are the NGO) loud voices of appreciation coming out of the valley in favour of the security forces. Here are some of them : “During this wonderful trip of educational tour organized by CRPF we realized how much we are CRPF Helps Earthquake Victims compromising with our lives. I am still shocked that across the border there are people responsible for making more During the Earthquake (on 8.10.2005) our village and more children orphans in the beautiful valley of Kamalkote in Uri was fully destroyed. CRPF jawans Kashmir. I pray to God to bless all success to CRPF for and officers quickly reached the location at Rawani and their peace keeping mission” gave first aid to the victims and evacuated people to the hospital. They further walked on foot 10 Kms uphill to Ms Naghat and Ms. Ulfat of village Machipora. Kamalkote village and saved two children inside the damaged house. We are thankful to CRPF for providing Ms Naghat, 19 Years and Ms Ulfat, 15 years, food to hungry people of Kamalkote village for days. daughters of Late Nazir Ahmed Quershi and Rezia Begam They also provided tents and logistic items to our village of Machipora, Handwara. Nazir Ahmed Quershi and his and repaired damaged houses. Finally, CRPF adopted three sons were killed by militants during 1997. Nighat’s our village and undertook construction of 9 schools and ambition is to join the security force in the future. Nighat 4 community halls. and her younger sister Ulfat are living in Rahat Ghar since

The Indian Police Journal Vol. LIV No. 4, October-December 2007 25 Operation Aman A CRPF Initiative On Bridging Gap With People Of J & K

2002. They enjoyed the study tour organized by CRPF. am enjoying my married life with my husband. We “We had a good time together, and we learnt a lot about will ever be grateful to them.” our country”. Far Reaching Consequences Master Hussain of Khurhama Benign acceptance and reduced hostility Master Hussain, S/O late Ab Salam Khatana, resident of Khurhamn, Takipora was dropped at Rahat Ghar by The results of the project started flowing in along the some unknown person. He observed : “There is another expected lines, but faster than anticipated. There was world with different dresses, languages and faces looking marked decrease in levels of hostility faced by the force differently from Kashmiris. We had travelled from Delhi personnel in the areas where the project has been started. to Jaipur and back in MHA Aircraft. This ride was Other indicators of the impact have been the increasing organized on behalf of Union Home Minister when we number of requests of such programmes in contiguous areas, more enriching interactions with the press personnel called on him during study tour in Delhi. To me the and decreased level of violence in general and lesser plane looked like a big fish”. number of attacks on security personnel in particular since 2006, when the ‘Operation Aman’ was first launched. C : CRPF Wives Welfare Association Blesses Young Couple Closer rapport : Over the past one year, the project has become more meaningful, and has added Mrs. Mehbooba w/o Abdullah, resident of Saloora, many more layers and sub-texts. Human interaction, Kupwara when it is a multi-dimensional and two-way process, tends to become complex and leads to lasting Mrs Mehobboba lived in Rahat Ghar alongwith relationships. Such has been the experience with this her sisters Nageena and Jabina because her father died project also. The various areas where the project was due to paralysis. One of her brothers, is mentally initially started have demanded more refined challenged. She has seven brothers and sisters. Her interventions. It is understandable. It proves that the mother has no source of livelihood. As Mehbooba initiative taken by CRPF in an integrated format has was growing older, she was having a herculean task been well placed. of marrying her without any resource. At this occasion regional centre of CRPF Wives’ Welfare Association (CRPF remains grateful to the Ministry of Home at Srinagar helped them in all possible manner to marry Affairs, Govt. of India for providing the vision and Mehbooba with Abdullah on 19th Sept. 2006. financial support for undertaking Civic Action Mehbooba said, “CRPF personnel came as Angles. I Programmes)

26 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ABUSE OF CHILD DOMESTIC WORKERS IN INDIA : CRISIS AND CHALLENGES Debasree Laheri*

Introduction sexual violence. They are deprived of access to schooling, play and Child domestic work has been social activities and of the affection Key Words recognized as one of the most and support of their family and intolerable forms of child work and friends. What perhaps distinguishes Physical Abuse is a sector that has been identified child domestic work from other Sexual Abuse by the International Labour forms of labour is that even as it is Organisation as a priority sector for extremely exploitative, it is among Invisibility removing children from work. The the most difficult to protect. Social Security situation of children in domestic work has been compared to new Children are cloistered within the Domestic Workers form of slavery in the recent ILO four walls of the employer’s houses, ILO Convention convention on the prohibition and which gives room for all kinds of elimination of the worst forms of exploitation found in the unorganized Vulverable and exploited child labour (ILO convention 182). sector, besides making them invisible Alternative Various studies, surveys and local to the external world. With no social observation projects estimate that security or legislative protection, their Livelihood the worldwide magnitude of this childhood transform into adulthood Poverty practice is enormous, representing under the employer’s strict observation 20 to 40 percent of all recorded and monitoring of the household tasks Injustice instances of child labour. Children, performed by them. The private who work as domestics outside the confines of the employer’s home family home are amongst the most deprive them of any physical, mental vulnerable and exploited. They and economic growth. begin work at an early age, shoulder excessive responsibilities such as Poverty and injustice and caring for babies, handling fuel, inequality are the main causes of child stove, sharp tools among others, labour. Besides these, poor agricultural work for long hours with no rest yield, lack of alternative livelihood period, with little or no sources, large family size, increasing *PhD Scholar remuneration, work conditions at the demand for cheap labour, abject rural (UGC Junior Research Fellow) mercy of the employer and poverty and family, cultural sanction frequently suffering from gender and to pursue economic activities at a

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tender age have been identified as which is reasonably within the control some of the reasons for increasing of a parent or person in a position of child domestic workers. Emerging responsibility power or trust. There vested interests that traffic children and may be single or repeated incidents.1 exploit the vulnerability of their A result of having been made to work families and deep-rooted gender beyond their physical capacity, imbalances further fuels the problem. pushing, beating, kicking, slapping, pulling of heir, whipping, pinching, In this paper, an attempt has been shaving of heir, denial of food, being Abstract made to analyse all forms of abuse of hurt with broom and pots on different child domestic workers, to scrutinize parts of the body, burning/scalding by Poverty and injustice the difficulties in protecting them from pouring hot water. and inequality are the exploitation and maltreatment by the employers, to find out the legal (ii) Sexual abuse: Being in the main causes of child frameworks available in International confines of a home, a child who is labour. Besides these, as well as national perspectives, and employed as a domestic help is poor agricultural yield, finally to evaluate the condition of extremely vulnerable to sexual abuse lack of alternative liveli- abused child domestic workers in the of various kinds and they ordinarily hood sources, large Indian context. do not have easy access to legal family size, increasing protection. Child sexual abuse is the demand for cheap Forms of Abuse of Child involvement of a child in sexual labour, abject rural pov- Domestic Workers activity that he or she does not fully erty and family, cultural comprehend and is unable to give sanction to pursue eco- Employers often resort to informed consent to, or for which the nomic activities at a ten- physical or verbal abuses to intimidate child is not physically prepared and and gain control over these child cannot give consent or that violate the der age have been workers. Although systematic laws or social taboos of society. This identified as some of the documentation of abuses inflicted is may include but is not limited to the reasons for increasing quite difficult to undertake, the. most inducement or coercion of a child to child domestic workers. common forms of violence and abuse engage in any unlawful sexual experienced by child domestics are activity; the exploitative use of a child as follows: in prostitution or other unlawful sexual practices, the exploitative use (i) Physical abuse : Physical of children in pornographic abuse of a child is that which results performances and materials2, lewd in actual or potential harm from.an innuendoes, perverse behavior, interaction or lack of interaction, molestation, rape and attempted rape,

1 Save Ihe children UK. (2006); Abuse Of Child Domestic Workers - A Research Study In West Bengal. P-3. 2 Ibid. P-3.

28 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ABUSE OF CHILD DOMESTIC WORKERS IN INDIA : CRISIS AND CHALLENGES

not only by the male members of the other support which is needed for an employer’s household but also by the overall development. male visitors. In 60 cases of abuse of Asian maids investigated by Human (v) Verbal abuse: Calling Rights Watch in that country, one names, insults, constant threats, third involved rape or sexual assault3. finding faults, filthy language, Adolescent girls in particular are at obscene words, raised voices, great risk of sexual abuse. shouting, screaming.

(iii) Emotional/psychological (vi) Economic Abuse: Domestic abuse: Emotional abuse includes the labour is relegated to the lowest status, Emerging vested inter- failure to provide a conducive, least regulated and the least ests that traffick children supportive environment, including remunerated of all occupations. Either and exploit the vulner- the availability of primary attachment they are paid very meager sums, which ability of their families figure, so that the child can develop in most cases, do not reach their hand and deep-rooted gen- a stable and full range of emotional or they are not paid at all. der imbalances further and social competencies fuels the problem. In this commensurate with her or his While media reports are teeming paper, an attempt has personal potential, and in the context with these stories, surveys conducted been made to analyse of the society in which the child on the situation of child domestic all forms of abuse of dwells. There may also be some acts workers reveal a low incidence, child domestic workers, towards the child that cause or have sometimes absence of violence and to scrutinize the difficul- a high probability of causing harm to abuse towards them. A situational the child’s health or physical, mental, analysis in Indonesia reveals that ties in protecting them spiritual, moral or social verbal abuse is a common from exploitation and development. These include maltreatment, but no cases of physical maltreatment by the restriction of movement, patterns of and sexual abuse was reported employers, to find out belittling, denigrating, making a (Balgbroubh 1995). Similarly, a survey the legal frameworks scapegoat out of the child, in Bangladesh unveils cases of verbal available in International threatening, scaring, discriminating, and physical abuses; with girl ridiculing or other non-physical forms domestic workers suffering more from of hostile or rejecting treatment. verbal abuse, while the boy domestic workers are commonly subjected to (iv) Neglect: Children, who are physical abuse. In the same manner, a employed as domestic workers have survey in Pakistan mentioned various no access to any medical help, types of “mishaps” and “harassment” nutritious food, education or any to child domestic workers. A joint

3 Rao, Dr. Dignmarti Bhaskara and Rao, Mr. Veeramachaneni Veenkaieswara, (Ed) (2000); Status And Advancement Of Woman, A.P.H. Publishing Corn, New Delhi, P-78

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study carried out in 1999 by the from birth is such that basic survival Ministry of Social Welfare, SCF (UK) becomes a major issue for them. They and UNICEF in Mali on the situation learn the basics of work from early of girl domestic workers found that childhood and begin their actual work they are one of the most vulnerable life as early as five to six years.5 The groups of working children as they are adverse effects of the abuses inflicted separated from parental care and on these child domestic workers supervision are likely to be neglected, affect not only their physical health, abused and exploited.’3 but also their psychological health and development as well. as well as national per- Indian Scenario spectives and finally to Psychologically, the discrimi- evaluate the condition Child domestic workers face all nation and isolation that a child of abused child domes- types of abuse - physical, worker goes through are known to tic workers on Indian emotional and sexual. Within each have negative effects on the child’s context. Employers often category of abuse also, these self-esteem, sense of identity, ability resort to physical or ver- children are made to experience a to socialize and make friends. In case wide variety of abusive situations. bal abuses to intimidate of actual abuse, verbal or physical, 68.3% of total child domestic and gain control over the effects may be even more acute. workers have faced physical these child workers. Al- abuse. Nearly 86% have faced though systematic In general, employers make little some form of emotional abuse. documentation of attempt to take on the “parent” role, abuses inflicted is quite Sexual abuse of boys is also other than in disciplinary matters, prevalent, contrary to the popular difficult to undertake, the therefore, failing to offer the child myth that it does not take place. most common forms of encouragement for self-growth. violence and abuse ex- In any of the abuse categories, Denying play, recreation, opportunities for socialisation and perienced by child do- the abuser is usually someone exploration of interests limits their mestics are as follows: known to the child and is in a position of power and authority normal childhood development. The over the child.4 isolation suffered by a child domestic worker tends to be greater in the urban Impact Of Abuse On Child areas than in the rural, largely due to Domestic Workers distance from family. Many child domestic workers feel lonely and do The child domestic workers are not see their family and friends for deeply engrained in the fabric of Indian years. As they watch the employer’s society. No child is born as domestic children play, study, enjoy sweet ands worker but their social conditioning go on outings, the sense of deprivation

5 Save the children UK (1999); Preventing Family Violence - A Manual For Action; P.-18.

30 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ABUSE OF CHILD DOMESTIC WORKERS IN INDIA : CRISIS AND CHALLENGES

extends. They have no coping and make it an issue for public mechanisms and often experience a debate and government agendas. sense of rejection. These conditions, especially, when accompanied by (iii)What makes it even more verbal and physical abuse and difficult to protect child harassment can at times result in domestic workers is that they are personality disorders.6 not recognized as “workers” by the civil society, government Difficulties in Protecting Child and legislation alike and it is Domestic Workers frequently considered charitable Physical abuse of a child to provide employment to is that which results in (i) The difficulty in protecting child children as domestics. Given the domestic workers emerges from cultural and social acceptability actual or potential harm the fact that it is carried out that surrounds child domestic from an interaction or within the confines of private work and the fact that it occurs lack of interaction, homes. While traditionally these within private spaces makes which is reasonably have been the homes of the interventions for protection of within the control of a landlords in rural India, in child domestic workers parent or person in a present times, it is in the homes extremely complex. position of responsibility of the burgeoning middle class power or trust. There may and upper classes, a section of (iv)Besides it, there is cultural be single or repeated society that is extremely private acceptability attributed to incidents. A result of domestic work. Very often and closed, be it in the case of having been made to domestic violence against parents believe that it promises work beyond their women and children in their better prospects for their physical capacity, own homes or the violence children. This makes it a strong pushing, beating, against children employed in case for middlemen who lure their homes. the family often with advances, kicking, slapping, pulling into sending their children to of heir, whipping, (ii) The characteristic of invisibility work as domestics in the home that is commonly assigned to it of the rich in the cities. The despite its widespread existence reality is that even as many of is not because it is socially these children do work as invisible as it is known to exist domestics, many of them are but because of its confinement trafficked into worse forms of in other people’s homes, it is labour including commercial difficult to take it out in public sex work.

6 Save the children UK (2005); Child Domestic Work : A Violation of Human Rights - Issues, Causes And Consequences in West Bengal. P-31.

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(v) No official statistics exist on the sincerely believe that they are problem. Statistics on child doing good for the children. domestic workers must be an integral part of any plan of (ix) Domestic work belongs to the action on the issue. informal labour market, is unregistered and does not show (vi) Domestic labour is not addressed up clearly in employment in a concise and clear manner in statistics. The prevalence of the legislation. Basic labour under-age domestic workers in rights, access to social security, any setting is the most difficult pinching, shaving of non-registration of labour to assess.7 heir, denial of food, contracts, excessive workdays, being hurt with broom lack of support organizations and International Instruments On and pots on different institutional support for Child Abuse parts of the body, redressing/reporting abuse, lack burning /scalding by of collective bargaining–all lead Due to lacunae in central and pouring hot water. to the vulnerability of the state legislation or inadequate Being in the confines of domestic labourers, a legislations, the various conventions a home, a child who is vulnerability most pronounced in between nations essentially remain employed as a the case of children. on paper with little or no relevance domestic help is to the beneficiaries. One of the few extremely vulnerable to (vii) Domestic service is difficult to documents in International law, classify. It is neither urban which has received universal sexual abuse of various informal labour, nor industrial acceptance, amongst others are: kinds and they ordinarily work. It is not non-remunerated do not have easy family work. It has to do with International Covenant on access to legal economic difficulties of the Economic, Social and Cultural protection. Child sexual families of origin. Rights (ICESCR), 1966. Article abuse is the 7 provides the states parties shall (viii)The most important element of “recognize the right of everyone child domestic work that puts it to the enjoyment of just and in a tight spot is the social favourable conditions of work”. permissiveness and cultural Article 10 requires parties to complicity around it in many protect “children and young cases. Both employers and the persons...from economic and families of the children involved social exploitation”.8

7 Save the children UK (2005); Child Domestic work: A violation of Human Rights- Assessment of Situation In Delhi City. P-22. 8 Save the children UK (2005); Child Domestic work: A Violation Of Human Rights- Report On The Legal Position Of Child Domestic Work In India. P-16.

32 The Indian Police Journal Vol. LIV No. 4, October-December 2007 ABUSE OF CHILD DOMESTIC WORKERS IN INDIA : CRISIS AND CHALLENGES

The Convention on the Rights of forms of child labour. India has the Child, 1989 especially not signed the Convention as yet10. provided for various safeguards, which can be extended as various Legal Control of Child Abuse in rights of the working child. India

Article 3: All forms of slavery or The Constitutional provisions practices similar to slavery, such for the protection and well, being of as sale and trafficking of children as well as child domestic, children, debt bondage and workers are as follows: involvement of a child in serfdom and forced or compulsory recruitment of Article 15 affirms the right of the sexual activity that he or children for use in armed State to make special provision she does not fijlly conflict. Child domestics fall for women and children. comprehend is unable within the categories mentioned to give informed above, since the recommended Article 21 guarantees the right to consent to, or for which elements of determining life and personal liberty. The the child is not hazardous work (Recommen Indian Supreme Court has developmentally dation No 190 Para 3) also interpreted the right of liberty to prepared and cannot includes those relevant to include, among other things, the give consent or that eight of free movement, the right domestic child labour: e.g., work violate the laws or social which exposes children to to eat, sleep and work when one taboos of society. physical, psychological or sexual pleases, the right to be free from abuse, work, for long hours or inhuman and degrading treatment, during night or work where the the right to integrity and dignity child is unreasonably confined to of the person, the right to the premises of the employer. benefits of protective labour legislation, and the right to speedy The convention on the justice. The practice of bonded Medical Examination of young labour violates all of these Persons (Non-Industrial constitutionally mandated rights. Occupations), 1946. Article 25 provides that no child An interesting document to look below the age of 14 be employed at would be Convention 182 of the in a factory or mine or engaged in ILO, which seeks to ban the worst any other hazardous employment;

10 lbid,P-21 11 Section 319. Hurt: Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

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Article 39 (e) provides that children of tender age IPC Sec. 324 : Punishment for voluntarily should not be abused and they should not be forced causing hurt by dangerous by economic necessity to enter avocations unsuited weapons.15 to their age or strength. IPC Sec. 342: Punishment for wrongful confinement.16 Article 39(f) requires children to be given, opportunities and facilities to develop in a healthy IPC Sec. 352 : Punishment for assault or criminal manner and in conditions of freedom and dignity force otherwise than on grave and that childhood and youth be protected against provocation.17 exploitation and moral and material abandonment; Sexual abuse Article 45 provides for free and compulsory education for all children until they complete the IPC Sec 375, Child rape : A man is said to commit age of 14. rape if he had sexual intercourse with a woman with or without consent, when he is under sixteen years of There are various provisions in the law that can age. be used to protect child domestic workers against violence and abuse and to punish offenders. Some of Punishment: Imprisonment of either description the provisions available within the Indian Penal Code for a minimum of seven years and may extend to life (1PC) with reference to abuse of child domestic term. workers are: IPC Sec. 377: Unnatural sexual offences : Whoever Physical abuse voluntarily has carnal intercourse against the order of nature shall be punished with imprisonment for life or IPC Sec. 319 : Causing hurt for a term, which may extend to ten years and shall also 12 IPC Sec. 320 : Causing grievous hurt be liable for fine. IPC Sec. 323 : Punishmentfor voluntarily causing hurt13 The Juvenile Justice (Care and Protection of IPC Sec. 325 : Punishment for voluntarily causing Children) Act, 2000 also has certain provisions for grievous hurt. punishment for offences against children:

12 Section 320. Grievous Hurt: The following kinds of hurt only are designated as “grievous” Firstly : Emasculation; Secondly : Permanent privation of the sight of either eye; Thirdly : Permanent privation of the hearing of either ear; Fourthly : Privation of any member or joint; Fifthly : Destruction or permanent impairing of the powers of any member or joint; Sixthly : Permanent disfiguration of the head or face; Seventhly: Fracture or dislocation of a bone or tooth; Eighthly : Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

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Section 23: Punishment for cruelty to a child.18 care, nutrition and education for the working children. Subsequently, a high-powered body–the National Authority The JJ Act provides protection to children in need for the Elimination of Child Labour was constituted in 1994- of care and protection and those in conflict with the law. 95 to withdraw children working in hazardous occupations, The children working as domestic help can be included and to rehabilitate them through special schools. in the definition of children in need of care and protection. These children are kept away from their homes; they are In India, the struggle of the House workers’ Movement deprived of affection, parental guidance, and association for justice and rights of domestic workers is embodied in with the children of their age. They suffer from inferiority the campaign for a Domestic Workers’ Bill initiated in 1987. complex, physical, economic, sexual exploitation and In 1981, the Domestic Workers Society was formed and need some support and protection. problems of the child domestic workers in India were taken up. For children in domestic work, the movement advocates Besides the IPC and Juvenile Justice Act, 2000, a reduction in working hours, and education for them. For sometimes there are state-specific Special and Local traumatised children, it offers crisis intervention support. A Laws that can also be used to seek legal action against bill known as the House Workers (Conditions of Service) abusers. Bill, 1990 was formulated, but has not been passed till today.

Position of Child Domestic Workers in India Some states have taken note of the situation of the abuse of child domestic workers and have made In India, 20 per cent of all children working outside endeavours for improving the same. Tamil Nadu, the family home are in the category child domestic labour. through an amendment in the schedule, has added Child domestic workers are usually below 14 years of age domestic labour as manual labour under the Tamil Nadu, and are engaged in household chores like cooking, cleaning, Manual Workers (Regulation and Employment and washing, caring for kids, aged and the infirm. According to Conditions of Work) Act. Karnataka is one of the first the 1981 Census, while 17 percent of all domestic workers states in the country to fix wages for domestic workers in India were under the age of 14, around 19 percent of to save child domestic workers from economic them were between the age of 15 and 20 years. This amounts exploitation at the hand of employers20. to 40 percent of all servants”. Many suffer exploitation and abuse because working arrangements are largely informal In this context, the role of Save the Children, and and social protection non-existent. other NGOs is worth mentioning. They have been working in the area of education, HIV/AIDS, children The National Child Labour Policy was formulated in and work and child protection. The organisations 1987 to look at the problem from a broader perspective. It initiated the National Child Domestic Workers envisaged non-formal education, vocational training, health Projects in August 2002, to understand the

13 Section 323. Punishment for voluntarily causing hurt: Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 14 Section 325. Punishment for voluntarily causing grievous hurt: Whoever, except in the case provided lor by section 335, voluntarily caused grievous hurt, shall be punished with imprisonment of either description for a term, which may extend to seven years, and shall be liable to fine.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 35 ABUSE OF CHILD DOMESTIC WORKERS IN INDIA : CRISIS AND CHALLENGES

mechanismsand issues related the child below 18 years children as domestic servants from lOth October, 2006 as of age employed in private homes. This project is per Child Labour (Prohibition and Regulation) Act, 1986 implemented jointly by save the children UK and and order of Hon’ble Supreme Court, 1996. Employers Canada with field-based interventions in Maharastra, engaging children in domestic work will be liable to fine Jharkhand and West Bengal and national-level up to twenty thousand rupees or imprisonment up to one advocacy from New Delhi21. year or both. The decision has been taken on the recommendations of the Technical Advisory Committee The Government has prohibited employment of on Child Labour headed by the Director.

15 Section 324. Voluntarily causing hurt by dangerous weapons or means: Whoever, except in the case provided for by seclion 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or by means of any heated substance or by means of any poison or any corrosive substance, or by means of explosive substance or by means of any substance which ii is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description of a term which may extend to three years, or with fine, or with both. 16 Section 342. Punishment for wrongful confinement: Whoever wrongfully confines any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both. 17 Section 352. Punishment for assault or criminal force, otherwise than on grave provocation: Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall he punished with imprisonment of either description which may extend to five hundred rupees or with both. 18 Section 23. Punishment for cruelty to juvenile or child: Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes, or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine or with both. 19 Save the children UK (2005), Child Domestic Work: A Violation of Human Rights- Quantitative Analysis of the Situation In West Bengal. P-10 20 Save the Children UK (2005); Op.Cil. P-30 21 Ibid. P-14

36 The Indian Police Journal Vol. LIV No. 4, October-December 2007 PROBLEM OF TUBERCULOSIS IN INDIAN PRISONS

Dr.Deepti Shrivastava*

“It is said that no one truly prisoners should not lose all their knows a nation until one has been rights because of imprisonment. Yet, inside the jails. A nation should not there is a loss of rights within Key Words be judged by how it treats its custodial institutions, which continue highest citizens, but its lowest to occur. Public health policies are Tuberculosis ones.” meant to ensure the best possible MDR Nelson Mandela living conditions for all members of society, so that everyone can be Previous Illness Prisons today are recognized as healthy. (Tyagi- Madhu 2007) WHO important, powerful and meaningful reformatory contributors to the life Inspite of the legislative Mycobacterium of prisoners. In other words, it is a measures adopted in favour of Tuberculosis system in civilized world which has prisoners in our country after been modernized, and the prisons Independence and inspite of the Correctional have been turned into institutions human rights awareness, countless Administration where constructive moral, mental prisoners are dying in the Indian and vocational training is imparted prisons, due to tuberculosis. Community spread to the prisoners for their new and (Shrivastava, Deepti 2005.) Prison MDR-TB Epidemic changed life. is the clear reflection of societies. Most of the prisoners come from the Correctional administration is vulnerable sectors of society. Poor, based on premise that prisoners are uneducated and unaware these sent to prison as punishment, and not groups already have an increased for punishment. This means that risk of diseases such as TB. In prison, denial of a person’s right to liberty is these problems are augmented by imposed by suppression in a closed poor living conditions and environment. Prisoners have overcrowding. A climate of violence inalienable rights conferred upon and humiliation in prison aggravates them by international treaties and the situation, creating obstacles in covenants; they have a right to health accessing health care and promoting * Prof. Sociology, Deptt. of Higher care, and most certainly have a right unhealthy behaviors. Prisoners are Education, Govt. of M.P., Bhopal and not to contract diseases in prison. eventually released back into society, Vice-Chairperson, Prison jurisprudence recognizes that bringing with them the illness and Indian Society of Criminology, Chennai

The Indian Police Journal Vol. LIV No. 4, October-December 2007 37 Problem Of Tuberculosis In Indian Prisons

behaviors generated and worsened international government like Prison by their incarceration (World Health Statistics, NCRB, M.H.A., New Organization 2000). Delhi, Bureau of Justice Statistics and WHO reports, International Centre Objective of Prison Study, Kings College London, etc. The objective of the present study is mainly to investigate the problems Nature and Extent of Problem of tuberculosis among prisoners in Indian prison. The present study The recorded number of new Abstract covers following five areas: cases of TB worldwide roughly a. To identify the nature and extent correlates with economic conditions: Prisoners have many of the problem. the highest incidences are seen in rights bestowed upon b. To know causational factors those countries of Africa, Asia, and them by international working behind these problems. Latin America with the lowest gross treaties and covenants; c. To ascertain impact of these national products. The World Health they have a right to problems on prisoners. Organization (WHO) estimates that health care, and most d. To make clear normative eight million people get TB every provision. year, of which 95% live in developing certainly have a right not e. To recommend remedial countries. An estimated 3 million to indenture transmission measures. people die from TB every year (Jeet, of infection during incar- 2004). And South East Asia ceration. Inspite of the Methodology accounts for approximately 40% – legislative measures two out of five – cases of Major challenge associated with tuberculosis in the world. Within adopted in favour of pris- this study was the search for relevant South-East Asia, more than 95% of oners in our country after data from overseas sources. Initially, cases are found in India, Indonesia, Independence and letters seeking information, advice Bangladesh, Thailand, and inspite of the human and assistance were sent by the Myanmar.( WHO Report 1999 ) researcher to a large number of professional colleagues in different Regarding problem of tuberculosis parts of the country. These letters in prison, prisoners around the world yielded many encouraging and have consistently higher rates of interested replies, but very little hard tuberculosis (TB) infection and disease data. Secondly, arrangements were than the general population ( Maher made for an extensive Internet D, Grzemska M, Coninx R, Reyes survey especially for (International H, 1998). In the US eleven and a half Perspective of Problem). Thirdly, a million people are released from prison search was undertaken of the annual each year. Released prisoners reports of various national and constituted 33% of all Americans with

38 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Problem Of Tuberculosis In Indian Prisons

TB in 1996. (NCCHC, US has conducted a study on death Department of Justice, 2002.) in judicial custody on behalf Between 1998 and 2001, the death of BPR&D MHA, New Delhi. It rate from TB in Georgian prisons went shows that the poor health care status down from 0.4% to 0.14%. Between of prisoners is not surprising, given 1995 and 2000, the number of deaths that poverty and miserable status from TB in prisons in Azerbaijan went are known to accelerate the spread down from 496 to 199.Other than this, of communicable disease like in Moldova in 2001, of those who died tuberculosis. Consequently, prisoners in prison the cause of death in 42% of often present to medical attention these cases was TB. In Kazakhstan, within prisons with a higher prevalence rights awareness, count- the incidence of TB infection was of late stage disease complications, less prisoners are dying in reduced from 3,434 cases in 1999 to like communicable diseases (HIV, the Indian prisons, due to 2,908 cases in 2001. The mortality rate and TB). tuberculosis.Regarding from TB over the same period was problem of tuberculosis reduced from 345 to 174 cases. (ICPS, Analysis of Table No.1 reveals 2007). that the supporters of died inmates in prison, prisoners around have given quite favorable opinion the world have consis- The nature of the problem of towards medical examination at the tently higher rates of tu- tuberculosis in prisons is a complex time of admission. Data shows that berculosis (TB) infection interaction between infection, in seven sampled states, out of total and disease than the imprisonment and poverty. Dealing 392 cases in 45 cases, prisoner were with it leads to thorny dilemmas about not medically examined at the time general population. In- equity, human rights, punishment in of admission, while in remaining 347 dian prisons also have an society and the protection of the staff cases died prisoners were medically alarming scenario; the and the public at large.(Task force examined at the time of admission. poor health care status on Communicable Disease Control of prisoners is not surpris- in the Baltic Region, Programme Study also indicates that out of ing, given that poverty Document, 2002). 392 cases a majority of died inmates have previous illness, while a and miserable status are Indian prisons also have an significant number of inmates are alarming scenario. The researcher examined at the time of admission. It

Table No. 1 Medical Examination at the Time of Admission

Reply C.G. U.P. M.P. T.Nadu Maha. W.B. Assam Total Mean No 6 4 5 9 7 5 9 45 6.42

Yes 50 52 51 47 49 51 47 347 49.57

Total 56 56 56 56 56 56 56 392 55.99

The Indian Police Journal Vol. LIV No. 4, October-December 2007 39 Problem Of Tuberculosis In Indian Prisons

Table NO.2 Identification of Previous Illness

Reply C.G. U.P. M.P. T.Nadu Maha. W.B. Assam Total Mean Yes 40 52 50 48 51 51 35 327 46.7

No 16 4 6 8 5 5 21 65 9.28

Total 56 56 56 56 56 56 56 392 55.98

is observed that while a maximum of 10.57 of T.B. patients followed by 9.71 known to accelerate the 327 died inmates have previous illness. mean of Septicemia patients, and 8.14 mean of prisoners suffering from liver spread of communi- A minimum of 65 died inmates disease. cable disease like tuber- have no previous illness. On the culosis. Tuberculosis in- other hand, a significant number of A minimum of 5.71 mean have fection contracted in the mean 46.7 is indicating for previous indicated for AIDS prisoners followed community can initiate illness and mean 9.28 was with no by 6.71 lungs infected prisoners. previous illness. [See table no.2.] Cancer patients and Cardio- an epidemic when respiratory sufferers’ mean is 7.57. brought into the prison, Further table no. 3 shows that sick while the reverse route of prisoner reported highest number of Accordingly, there can be no transmission is equally tuberculosis, in comparison to other adequate control of tuberculosis within possible. World health or- decease. Distribution of inmates a country, without control of the disease disease-wise shows highest mean is inside the prisons. Prisons are an ganization suggests: Early diagnosis of TB Table No. 3 (case-finding) Disease Wise Distribution of Died Inmates Effective treatment of Decease C.G. U.P M.P. T.Nadu Maha. W.B. Assam Total Mean TB until cure. Tuberculosis 6 11 16 8 13 8 12 74 10.57 To diminish this problem Cardio- 10 3 10 10 12 5 3 53 7.57 respiratory Failure Septicemia 7 15 3 8 19 2 14 68 9.71 Cancer 10 7 10 7 4 5 10 53 7.57 AIDS 10 3 10 11 2 2 2 40 5.714 Lungs 7 7 5 9 4 12 3 47 6.714 Disease Liver Disease 6 10 2 3 2 22 12 57 8.14 Total 56 56 56 56 56 56 56 392 55.98

40 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Problem Of Tuberculosis In Indian Prisons

important source of both tuberculosis who are infectious; disease and tuberculosis transmission. Late case detection; Tuberculosis infection contracted in the High turnover of prisoners; community can initiate an epidemic Overcrowding and poor when brought into the prison, while the ventilation. (WHO and ICRC, reverse route of transmission is equally 2000) possible. The high turnover of prisoners can make tuberculosis transmission Prison overcrowding has many difficult to demonstrate, and difficult negative effects upon inmates. to investigate. Remand prisoners are Overcrowding of accommodation and often held in the most overcrowded the lack of resources to cope with it Correctional Administra- conditions. This not only enhances was the most commonly cited tion has to take enor- transmission of tuberculosis, but it also symptom of the crisis. Research has mous pains in this mat- makes the detection of cases and their demonstrated that prison ter. They have to accept treatment more difficult. All these are overcrowding creates higher rates of a challenge to prove more important to prevent tuberculosis. TB is spread through the transmission, as control is extremely air. Immediate isolation can interrupt their competence of co- difficult in the midst of an epidemic. the transmission of Mycobacterium operation. Only then we (Levy H. Michael, 1999 ) tuberculosis. In the prison if TB is not can cope up with this treated, then other individual with an curse. Prison overcrowd- Causational factors: TB is active form of TB can infect a further ing has many negative spread through the air. No voluntary of 10 to 15 people a year. Like open effects upon inmates. actions are necessary to put persons society Mycobacterium tuberculosis Overcrowding of accom- at risk. Immediate isolation can accounts for more adult deaths in interrupt the transmission of prison than any other infectious agent. modation and the lack of Mycobacterium tuberculosis. Prison conditions usually make the resources to cope with it Prison conditions usually make chances of infection greater as prisons was the most commonly the chances of infection greater as are overcrowded. (World Health cited symptom of the cri- prisons are overcrowded. Prisoners Organization/WHO, International sis. Research has demon- have little access to light and air and Committee of the Red Cross, 1998). strated that prison over- food is inadequate. (ICPS, 2007) Findings indicate that inadequate Therefore, prisoners have a higher medical staff and poor medical risk of being infected with TB than facilities are major instigators of the general population. increasing cases of tuberculosis.

Factors contributing to the Other than these prisoners who spread of TB in prisons: have suspected or confirmed pulmonary or laryngeal TB disease Lack of isolation facilities; should be placed immediately in a TB Inadequate treatment of those isolation room that meets

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recommended standards (CDC, health system is chronically Guidelines 1994). Keeping a insufficient. Contracting any disease suspected prisoner in a TB isolation in prison is not part of a prisoner’s room is very difficult in prison due to sentence. This fact becomes even overcrowding. Lack of TB isolation more significant when the disease is procedures likewise elevates the potentially fatal, as is the case with chances of TB transmission. tuberculosis. (Tyagi- Madhu 2007)

Impact of these problems on Figure 1 shows that how the prisoners transmission of tuberculosis in prisons crowding creates higher creates a health problem for both rates of tuberculosis. TB is Prisoners are more likely to prisoners and the society into which spread through the air. Im- already be in a bad state of health they will go after release. Negative mediate isolation can in- when they enter prison, and the impact of TB transmission is not terrupt the transmission of unfavorable conditions therein limited to this extent, even many other Mycobacterium tubercu- worsen the health situation. Hence, fatal infections deadly combine with losis. the need for health care and this. treatments will often be greater in a prison than in an outside community. TB is the main cause of death However, providing even basic health among HIV positive inmates. care to prisoners has proved Prisoners are at exceptional risk of extremely difficult in India, as the infection with HIV, because of the

Fig.1: Development of Dual & Parallel TB Epidemics

Source : Michael E. Kimberling:Gorgas TB Initiative Tuberculosis Control in Prisons

42 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Problem Of Tuberculosis In Indian Prisons

connection between injection drug use and incarceration. general health administration of the community or nation. Women prisoners who have practicised prostitution, The UN Basic Principles for the Treatment of Prisoners which is frequently associated with injection, drug use Principle 9 requires that Prisoners shall have access to and contact with HIV-infected sex partners, are at the health care services available in the country without additional risk of HIV infection. Study reveals the discrimination on the grounds of their legal situation. following issues associated with HIV infection in prisoners: epidemiology, prevalence, and transmission; The United Nations Principles of Medical Ethics the growing coincidence of tuberculosis; institutional issues Relevant to the Role of Health Personnel, particularly including prison policies and practices, confidentiality, Physicians, in the Protection of Prisoners and Detainees informed consent, and medical research; the extensive against Torture and Other Cruel, Inhuman or Degrading involvement of the legal system in the area of HIV in Treatment or Punishment Principle I states that health prisoners; and prevention and the role of educational personnel, particularly physicians, charged with the programs. (UNAIDS,) Prisons and AIDS: UNAIDS point medical care of prisoners and detainees have a duty to of view 199713) provide them with protection of their physical and mental health, and treatment of disease of the same quality and Inspite of this, tuberculosis may be the single biggest standards as is afforded to those, who are not imprisoned cause of death among the world’s prisoners. Reports of or detained. deaths from “tuberculosis” have been used to conceal other serious human rights abuses, such as malnutrition, Remedial Measures: The transmission of murder and deaths from torture. Holger Sawert equated tuberculosis in prisons elevates a public health risk for surveillance with accountability. (Levy H. Michael, prisons staff and for inmates and the communities into 1999) which they are released. World health organization suggests: Normative Provisions: The Supreme Court of India, in its landmark judgment in Parmanand Katara vs. 1. Early diagnosis of TB (case-finding) Union of India (1989) and others, ruled that the state has 2. Effective treatment of TB untill cure. an obligation to preserve life whether he is an innocent person or a criminal liable to punishment under the law. Such a strategy should be accessible to all TB cases. With specific reference to health, the right to conditions, However, where resources are limited, the strategy must adequate for the health and well-being of all was already prioritize the diagnosis and treatment of infectious cases recognized in the Universal Declaration of Human Rights. (patients with smear-positive, pulmonary TB). This is The International Covenant on Economic, Social and because these cases transmit infection (drug-susceptible Cultural Rights ( ICESR) furthermore states that prisoners and drug-resistant) and, therefore, ultimately produce have a right to the highest attainable standard of physical more morbidity and mortality. and mental health. (Tyagi- Madhu 2007) Article 12 of ICESR recognizes the right of everyone to the enjoyment Proper treatment when prisoner are released from of the highest attainable standard of physical and mental prisons can contribute to the progress and spread of health. The Standard Minimum Rules for the Treatment resistant tuberculosis in the general population. Effective of Prisoners, Article 22 provides that the medical services procedures to avoid the transmission of infectious diseases in prisons should be organized in close relationship to the among prisoners and through released prisoners to the

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open society require a dedication by the whole society, 3. ICPS, 2007: Guidance Document1, Improving Prison Healthcare health care, social services, judicial systems, media, in Eastern Europe and Central Asia. NGOs, etc. Tuberculosis spreads among socially 4. Jeet, 2004, “Global T.B.: The Recent TB Epidemic, India”. deprived, often homeless individuals. In addition, a 5. Levy H. Michael 1999, ‘Tuberculosis and prisons’, Indian growing number of socially marginalized persons like Journal of Medical Ethics. ex prisoners have made control measures against 6. Maher D, Grzemska M, Coninx R, Reyes H. ‘Guidelines for the infections hard to implement. control of tuberculosis in prisons’. WHO/TB/98.250. Geneva, World Health Organization, 1998. The prison wherever it is located cannot exist in isolation. 7. Michael E. Kimberling, Gorgas “TB Initiative: Tuberculosis There has to be close co-ordination between control of Control in Prisons: The Two Sides of the Wall”, University of tuberculosis in prisons and the community health and social Alabama at Birmingham. services. General penal reform is an important part of the 8. N C CH C,2002, ‘The Health Status of Soon-To-Be Released struggle against tuberculosis. (Pille Lindkvist, 2000). Inmates’, US Department of Justice. 9. Pille Lindkvist,2000, ‘Tuberculosis Among Prisoners Sooner or later, there will be great need of education Interdisciplinary’, Expert Meeting on Prevention and Control. and training for prisoner as well as prison staff. Released Sigtuna, Sweden. prisoners, who have tuberculosis, can be managed by after 10. Shrivastava Deepti, 2005, “Death in Judicial custody” Bureau of care support on release. Alarmingly adequate, it is not only Police Research and Development, New Delhi. tuberculosis that simulates serious health harms in prisons. 11. Souza MMM, Costa MJM, Toledo AS et al: ‘The profile of TB Unfortunately, we are now facing the increasing threat of in the penitentiary system of Rio de Janeiro, Brazil’. International Journal of Tuberculosis and Lung Disease 1999; 3(9): S19. human right violation. Correctional administration have to take enormous pains in this regard, they have to accept a 12. Task force on Communicable Disease Control in the Baltic Region, Programme Document, 2002, Prison Health Background challenge to prove their competence of cooperation. Only document, p.5. then we can cope up with this curse. 13. Telzak E, Sepkowitz K, Alpert P, et al:, ‘Multidrug-resistant tuberculosis in patients without HIV infection’. New England References Journal of Medicine 1995; 333(14): 907 - 911. 14. Tyagi Madhu, 2007, “Healthcare for Prisoners” Amity Law 1. CDC,1994, ‘Guidelines for preventing the transmission of School, New Delhi. Mycobacterium tuberculosis in health-care facilities’,. MMWR 15 UNAIDS, Prisons and AIDS: UNAIDS point of view 199713. (No. RR-13). 16. WHO Report, 1999, ‘Global Tuberculosis Control’. 2. Coninx R, Mathieu C, Debacker M, et al:, “First-line tuberculosis therapy and drug-resistant Mycobacterium tuberculosis in 17. WHO and ICRC, 2000, “Tuberculosis Control in Prisons; a prisons”. Lancet 1999; 353(9157): 969-73. Manual for Programme Managers”.

44 The Indian Police Journal Vol. LIV No. 4, October-December 2007 MARITIME TERRORISM AND PORT SECURITY

Dr.Shikhar Sahai*

Introduction Yemen, killing and injuring some members of the crew and badly Maritime terrorism directed at damaging the vessel. Hence, the Key Words International trade and energy threat of maritime terrorist has supplies is not just within the realm become an important component of Terrorism, of possibility, but a distinct threat that counter-terrorism strategies. The Piracy, confronts the international Council for Security Cooperation in community. While piracy has an old the Asia Pacific (CSCAP) Working Port, history, acts of maritime terrorism on Group has defined maritime Maritime Choke point, a noticeable scale began with the terrorism as : Littoral Warfare, Palestinian Liberation Front hijacking an Italian cruise ship Achille Lauro “…the undertaking of terrorist ISPS Code, in 1985.This was followed by the acts and activities within the maritime IMO, attack on the US naval ship, USS environment, using or against vessels Cole off the Port of Aden by Al or fixed platforms at sea or in port, Security Levels, Qaeda in October, 2000. Some acts or against any one of their Global maritme of maritime terrorism of a tactical passengers or personnel, against nature by suspected Al Qaeda coastal facilities or settlements, Trade links elements in Singapore, Malaysia and including tourist resorts, port areas CSCAP Indonesia have also been thwarted. and port towns or cities.” These attacks were reportedly Atomic waste planned against US naval ships, Global Maritime Trade Links visiting the ports in these regions. The / Vulnerabilities LTTE of Sri Lanka has also carried out strategic attacks on maritime Decreasing trading barriers targets in order to achieve its final and reduced tariffs created an objective of an independent Tamil increasingly open and State. A maritime attack of a interdependent globalized economy. strategic nature by a jihadi terrorist According to the United Nations group was reported in October, 2002, Conference on Trade and *PGPPM(IIM, Bangalore) when a boat containing explosives hit Development (UNCTAD), an M.A (Delhi) Ph.D (Patna) the French-flagged large crude estimated 85% of the world’s trade Commandant, CISF, carrier (VLCC) Limburg off volume (7.1 billion tons of goods) Chennai Port, Chennai

The Indian Police Journal Vol. LIV No. 4, October-December 2007 45 Maritime Terrorism and Port Security

was shipped by sea in 2006. ways to facilitate a maritime terrorist Carried by at least 46,000 ships attack: (Al Qaeda’s Maritime Threat, calling at over 4,000 ports International Institute for Counter worldwide, the maritime sector Terrorism, 2007). employs more then 1.3 million people (seafarers and port The vessel can be used as a workers). The majority of weapon against port, offshore consumer goods are shipped by as facilities and other maritime many as 15 million containers vessels. Previous maritime making over 230 million journeys terrorist attacks by Al Qaeda, such Abstract per year. Catchphrases as “Just as the USS Cole and MV Limburg, Maritime Terrorism has enough – Just in Time” have left tended to use small explosive emerged as a major lasting effects on the way trade is loaded boats to attack their target. threat in a globalized conducted in the 21st Century. As Maritime security experts tend to economy with serious Michael Richardson explains: view a growing threat in the possible use of a Liquefied Natural strategic security implica- “The global economy is built on Gas (LNG) tanker to attack port tions. South Asia is lo- integrated supply chains that feed cities. In addition to the perceived cated between maritime components and other materials to danger through LNG and LPG chokepoints and terrorist users just before they are required carriers, maritime security experts hubs are situated in its lit- and just in the right amounts. That also focus on certain extremely torals. Sea Ports are vul- way, inventory costs are kept low. hazardous bulk shipments, such as nerable to terrorist at- If the supply chains are disrupted, it atomic waste or ammonium nitrate. tacks. The ISPS Code is a will have repercussions around the major step in global re- world, profoundly affecting business A ‘mother ship’ can be used sponse to maritime ter- confidence.” (A Time Bomb for to launch an attack using either rorism but there is need Global Trade: Maritime-Related small explosive loaded boats or for a multi-dimensional Terrorism in an Age of Weapons a different weapons system. approach to meet new of Mass Destruction, Singapore, Previously, this tactics was used by challenges. These as- 2004) several other groups, such as the LTTE and the different Palestinian Carried by a heterogeneous fleet groups. The majority of such attacks of vessels, the maritime transport that took place in Israel happened in sector is one of the most vulnerable the 1970s. An example of an attack points in today’s interdependent launched from a mother ship was on societies. the Tel Aviv Savoy Hotel by Fatah on March 5, 1975. According to Akiva Lorenz, Merchant vessels, as with pleasure The vessel can be sunk in a vessels, can serve, in principal, in four narrow chokepoint in order to

46 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Maritime Terrorism and Port Security

disrupt infrastructure. Global and could exploit the container system interdependent trade follows the first came to fruition on October 18, shortest sea way often passing 2001 when port authorities in the narrow and shallow waterways Italian port of Gioia Tauro discovered called chokepoints, in order to get a stowaway within a shipping their merchandise from “point A” container. The container was to “point B”. Six of the nine complete with a bed, heater, toilet chokepoints in the world are located facilities and water. In recent years, in geographical areas, where local however, the focus shifted towards terrorist groups with ties to Al Qaeda the use of a container as delivery possess maritime capabilities. A vehicles for weapons of mass pects are highlighted in successful closure of the Strait of destruction. The fear was fuelled by the present paper. A ma- Hormuz by attacking and sinking of Al Qaeda’s fatwa (2003) to use jor weakness in the mari- a tanker, thereby disrupting the sea- WMD against the enemies of Islam. time trade is the contain- lane, could stop all traffic through this ers in which goods are specific chokepoint. As a result, the Since the early 1990s, the transported. With an av- world economy would experience a strategic literature on naval strategy erage of a five percent sudden shortfall of 90% of Saudi discussed about concept of ‘littoral inspection rate world- crude oil and all of Kuwaiti and Iraqi warfare’. Although the term wide, containers can be crude oil, which is typically shipped ‘littoral’ is not new, it gained great easily be used to through the Strait of Hormuz. significance in military literature smuggle illegal goods, primarily due to the fact that littoral human beings or weap- Ships can be used to either spaces are considered congested due ons. The fear that terror- smuggle weapons / terrorist to dense shipping activity, civilian air ists could exploit the con- operatives into another county or corridors and shallow water which tainer system first came to launder illicit funds for the can result in projection of power in to fruition on October 18, terrorist organizations. The ability the littorals, a potentially challenging 2001 when port authori- to freely transport personnel and/or exercise. Major General Mike Myatt, ties in the Italian port of weapons around the world is one of former Director of US Expeditionary Gioia Tauro discovered a the most important factors for Warfare, coined the term “chaos in international terrorist. the littorals”. General Myatt’s hypothesis is that most future conflicts A major weakness in the would take place in the littoral i.e maritime trade is the containers in where the sea meets the land. He which goods are transported. With argued that littorals provide a home an average of a five percent to most of the world population, inspection rate worldwide, containers wealth and industrial capacity and the can be easily be used to smuggle nerve center of international relations illegal goods, human beings or through which people, goods, ideas weapons. The fear that terrorists and cultures pass. (See Vijay

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Sakhuja, ‘Chaos in the littorals: An Malacca, Lombok and the Sunda Overview of South Asia, Paper Straits. Any disruption in traffic flow presented at Workshop on Maritime through these points can have Counter Terrorism, November 29-30, disastrous consequences. The 2004, Observer Research disruption of energy flows, in Foundation, New Delhi). particular, is a considerable security concern for littoral states, as a The exposure of an extensive majority of their energy lifelines are and long-running Nuclear Black sea-based. Since energy is critical in Market based in Pakistan in 2004, influencing the geo-political strategies stowaway within a ship- which peddled weapons technology of a nation, any turbulence in its ping container. The con- to Libya, Iran, North Korea and supply has serious security tainer was complete with perhaps other places, has amplified consequences. Given the spiralling a bed, heater, toilet fa- fears that countries or criminal demand for energy from India, China cilities and water. In re- organizations will pass Weapons of and Japan, it is inevitable that these cent years, however, the Mass Destruction (WMD) related countries are sensitive to the security focus shifted towards the materials to terrorists, who may use of the sea lines of communication use of a container as them to attack the U.S., its allies or (SLOCs) and chokepoints of the delivery vehicles for friendly countries. North Korea and region.The Indian Ocean is home to weapons of mass de- Iran are primary sources of important SLOCs and maritime struction. The fear was proliferation concern. According to chokepoints. A large volume of fuelled by Al Qaeda’s the Lloyds List, the U.S. and international long haul maritime cargo fatwa (2003) to use WMD Norwegian intelligence agencies from the Persian Gulf, Africa and against the enemies of have identified some 15 to 23 Europe transits through this ocean. Islam. Since the early freighters, flying the flags of Yemen, Some of the primary items 1990s, the strategic litera- Somalia, and the Pacific island of transported are energy products – ture on naval strategy dis- Tonga, believed to sail in the mainly oil and gas. cussed about concept of Mediterranean Sea, and in the Indian ‘littoral warfare’. Although and Pacific oceans, as owned or The importance of energy to the controlled by the Al Qaeda network. “demand heartland” (India, China (Maritime Terrorism: A New and Japan) is extensive. These Challenge for NATO, Institute for countries view SLOCs as their very Analysis of Global Security, 2005). lifelines. At current levels of consumption, the oil import Threat Perception in Indian dependence of India is expected to Ocean South Asia reach 82.2 percent by 2010 and 91.6 percent by 2020. In the case of China, The Indian Ocean is home to it will be 61 percent and 76.9 percent, many chokepoints, such as the while for rest of South Asia it will be Straits of Hormuz, Straits of 95.1 percent and 96.1 percent

48 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Maritime Terrorism and Port Security

respectively. For India, with nearly authorities seized 600 rifles from a 89 percent of its oil imports arriving fishing trawler originating in Thailand. by sea, it is imperative that the In 1997, the royal Thai Navy seized SLOCs should be secure. This an arms shipment for the People’s security angle is enhanced many fold, Liberation army (Manipur) following since most of the oil originates in a chase in the Andaman Sea off the West Asia, and the SLOCs pass port of Ranong. through areas under the influence of India’s adversary, Pakistan. Added Maritime counter-terrorism to this is the political turbulence of experts like B.Raman now look on the term littoral is not areas in West Asia that often holds the Bay of Bengal and the Indian new, it gained great sig- hostage the supply of oil from the Ocean region as highly vulnerable, if nificance in military litera- region. In the past, supplies from this not the most vulnerable, to such ture primarily due to the region have been disrupted on at least catastrophic acts of maritime fact that littoral spaces seven different occasions, all of terrorism. Among factors influencing are considered con- which were due to political causes their perceptions are: (Taming and were not market driven. (See Terror on the High Seas, Asia Times gested due to dense P.K.Ghosh, Maritime Security Online, June 9, 2005). shipping activity, civilian Challenges in South Asia and the air corridors and shallow Indian Ocean, Paper prepared for First, the presence of terrorist or water which can result in Conference on Maritime Security in insurgent organizations with proven projection of power in the Asia, January 18-20, 2004, Honolulu, or suspected capabilities for maritime littorals, a potentially chal- Hawaii). operations in this region . lenging exercise. Major General Mike Myatt, The sea is the main route for Second, the wide networking of former Director of US Ex- illegal arms coming from various Al-Qaeda across this region - either peditionary Warfare, countries. The land borders also through its own members or through coined the term chaos provide alternative routes. The LTTE surrogate jihadi terrorist in the littorals. General gun trade route passes through the Bay organizations. Myatts hypothesis is that of Bengal and Andaman sea. Arms originating from Cambodia are loaded Third, the long-known reputation into small fishing trawlers in the of this area as the world’s leading southern Thai Port of Ranong. These producer and supplier of heroin from vessels then transfer the consignment the Golden Triangle and the Golden to larger vessels for onward passage Crescent, and its recent emergence to Sri Lanka . Small boats to Cox Bazar as a producer and supplier of transport a part of the consignment. synthetic drugs. Several vessels engaged in gun running have been captured in the Fourth, the continuing availability region. In 1996, the Bangladesh in this region - in Pakistan as well as

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in Thailand, Laos and Cambodia - oil and a third of its trade passes. of large quantities of arms and There is a large volume of ammunitions to anyone with the container traffic originating in this means to pay for them and with the rapidly developing region. It has capability for their clandestine been estimated that 48% of the transport to areas of intended use. global container traffic passes through this region. Fifth, the presence of terrorist organizations, such as the LTTE, Ninth, the reputation of this area with a commercial shipping capability as one of the most piracy-prone in most future conflicts that can be diverted for the the world. would take place in the clandestine transport of narcotics and littoral i.e where the sea arms and ammunition in this region . Tenth, the presence of a large meets the land. He ar- number of uninhabited islands in the gued that littorals provide Sixth, the presence of region, which serve as sanctuaries a home to most of the transnational mafia groups in this and operational bases for today’s world population, wealth region, such as the one headed by pirates and could similarly serve the and industrial capacity Indian Dawood Ibrahim, with vast terrorists of tomorrow. and the nerve center of financial resources, a capability for international relations clandestine shipping and a willingness The Indian state has borne the through which people, to place their resources and shipping burnt of cross border terrorism for goods, ideas and cul- at the disposal of Al-Qaeda and other decades and has witnessed tures pass. jihadi terrorist organizations, sponsored terrorism in Punjab, operating across the region. Kashmir and the North east. The response to such terrorist activities Seventh, the long-known (to has been varied based on the India), but only recently admitted role political perceptions of local of Pakistan as the region’s leading situation in each region. Most of supermarket for nuclear weapons- these terrorist activities have been capable material and equipment and over land in the Border States. It the nexus of some of its scientists, is only after the Bombay blasts in enjoying the protection of its army, 1993 that the maritime dimensions with Al-Qaeda and other jihadi of this act gained prominence. The terrorist organizations. seas were used to land explosives along the western coast by the Eighth, the presence in this Dawood gang. This is what led to region of tempting chokepoints, launching “ Op Swan” by the Indian such as the often mentioned Navy and the Coast Guard along Malacca Strait, through which the western coast of India, approximately half of the world’s particularly along the sensitive

50 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Maritime Terrorism and Port Security

Maharashtra and Gujarat coast. Ships, aircrafts, The International Maritime Organization (IMO) helicopters and hired trawlers carried out patrol to diplomatic conference on December, 2002 adopted these prevent landing of explosives. It is also during the new regulations to enhance maritime security through period that a major maritime piracy case was solved amendments to SOLAS ( Safety of life at sea – Chapter with the capture of a pirated vessel Alandra Rainbow, 5 and 11 ). renamed Mega Ram in a combined CG/Navy operation in the Arabian Sea which brought in world wide The ISPS Code, which came into effect on 1st July acclaim and recognition to the maritime forces of 2004, contains detailed security related requirements India. On 13th February 2007, a Coast Guard ship for Government, Port authorities, and shipping “Ramadevi” caught one suspicious vessel “ Sri Rama companies in a mandatory section (Part “A”) together Jayam” in Palk Bay with 05 persons on board having with series of guidelines about how to meet this 01 AK-56 Rifle, 05 grenades, detonators, suicidal belt, requirement in a non-mandatory section (Part “B”). chemical white powder, satellite phone and other material. The vessel was brought at Chennai Port and The agencies which are responsible for case was registered. One of the people on board was implementation of the code are: a suspected LTTE member. l Contracting Governments

Port security and ISPS Code l Government agencies l Shipping Industries Vulneability of Port Facility l Port Industries Sea Ports provide suitable environment for the l Local Administration terrorist and anti-national elements because of its size, access to land and water, proximity to metropolitan An IMO country is covered by the ISPS Code and it is areas and key transport nodes and importance for essential that the particular country meets the requirement international commerce. Tremendous flow of goods of the code. Countries or Ports not complying the ISPS transiting through them makes it very easy to smuggle code could possibly face a situation wherein ships could by- people, drugs, weapons and other illicit materials. pass such a country or the Port due to security threat. The Terrorists could, therefore, can easily target the Govt. of India has given its consensus as regarding maritime infrastructure or use them in support of their implementation of the provisions of ISPS Code, and has operations. decided that Indian Register of Shipping would help in the implementation of ISPS Code in the major Ports. ISPS Code Security Provisions in ISPS Code ISPS Code i.e. International Shipping and Port Facility Security Code provides a framework through which ships As far as the sea port proper is concerned, the and port facilities can co-operate to detect and deter requirement of the Code mainly includes: threats to international ship and port facility security. It is basically designed to protect ports and international l Port facility security assessment (PFSA) shipping against terrorism. l Port facility security plan (PFSP)

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l Security levels b) Limiting the number of access points to the port l Port facility security officer (PFSO) facility, and identifying those to be closed and the means of adequately securing them l Training and drill c) Providing for means of impeding movement through Levels of Security the remaining access points, e.g. security barriers d) Increasing the frequency of searches of persons, There are three designated levels of security under personal materials, and vehicles ISPS – normal (Level 1), increased (Level 2) and high e) Denying access to visitors who are unable to provide (Level 3) a verifiable justification for seeking access to the port facility and Security level I f) Using patrol vessels to enhance water-side security

It means the level at which appropriate measures Security Level 3 shall be maintained at all times to cover the followings : This means the level for which further specific a) Ensuring the performance of all port facility security protective measures, specified in the port facility security duties plan shall be maintained for a limited period of time, b) Controlling access to the port facility when a security incident is probable or iminent although it may not be possible to identify the specific target. c) Monitoring of the port facility, including anchoring and berthing areas The PFSP should detail the security measures which d) Monitoring restricted areas to ensure that only could be taken by the port facility, in close co-operation authorized persons have access with those responding and the ships at the port facility e) Supervising the handling of cargo which may include : f) Supervising the handling of ship’s store and a) suspension of access to all, or part, of the port facility g) Ensuring that security communication is readily available. b) granting access only to those responding to the security incident or threat thereof Security level 2 c) suspension of pedestrian or vehicular movement within all, or part, of the port facility This means the level in which appropriate additional d) increased security patrols within the port facility if protective measures shall be maintained for a period of appropriate time as a result of heightened security risk. The PFSP e) suspension of port operations within all, or part, of should establish the additional security measures to be the port facility applied, which may include : f) direction of vessel movements relating to all, or part, of the port facility, and a) Assigning additional personnel to guard access points and patrol perimeter barriers g) evacuation of all, or part, of the port facility

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The security measures, which are required to be taken accountable for security. Navy and Coast Guard at different levels of security, have to be clearly claim they have longer-range defence and coastal mentioned in the port facility security plan prepared responsibilities. Port say they have no resources to by PFSO. take care of anchorage security. Police demands infrastructure from ports for intervention in need. Meeting Security Chalenges d) This is giving opportunity to criminal elements to board In his paper on Port Security published in Sentinel ships and extort money from crew or indulge in thefts. (CISF Journal-2002), Vasudeva Rao identifies some Some also carry on smuggling and other illegal important challenges facing Port Security. activities from fishing harbours and adjacent locations. Atleast 20 merchant vessels are now said to be linked Sea Shore Security to Osama Bin Laden. Some ships were used in carrying explosives for attack on US embassies in a) At present, the major security problem concerning Africa a few years ago. to Port security is intrusion by criminals / anti-social elements / terrorists / militants, etc through the e) Port security in India is insular and land-based. breakwaters / sea front. The present day criminals Keeping in view the growing complexities of off- are well equipped with fiber speed boats and their shore operations of ports, increased intrusions of actions are swift and quick with the added advantage fishermen and boats into waters close to or within of latest communication equipments like mobile phone breakwaters, instances of intimidation and extortion and powerful VHP sets. Criminals may prefer the on ships while berthed at outer harbour or while on monsoon period when the sea is rough or the time way from anchorage to inner harbour waters, there when the tides are high. is an urgent need to establish a full-fledged marine wing of port security duly equipped to handle marine b) There is a need for a paradigm shift in the threat perceptions. philosophy of port security in that its world view has to be wider to cover the larger maritime system. In fact, Director General, CISF conducted a meeting Port security needs to concern itself more and of IGs, DIGs and Port Commandants on 28 November, more with what is appending in its neighbourhood- 2006 to discuss various dimensions and challenges facing both on and off shore. This calls for consistent Port security. It was felt that CISF personnel posted in and close analysis of movements of pirates, Ports should be better trained in undertaking security terrorists, criminal gangs on the sea lanes located measures from the sea front side that should eventually close to major ports. Problems of shipping liners crystallize into setting up of a full fledged Marine Wing. in their voyages need to be appreciated in the CISF provides security to 11 of the 12 Major Ports (except dynamic context of international trade operations Mumbai Port) in India. and not merely static security needs of a berthed ship at port. Ship – Port Security Interface c) Anchorage security continues to be grey area of The present system of deployment of private security responsibility with each agency holding the other guards on ships berthed at ports is unsatisfactory as they

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are neither professionally trained nor seriously interested Port Security Law in their jobs. Their backgrounds are also not verified. The international Maritime Organisation (IMO), which The present port laws in India do not have any confirmed the recent spurt in incidents of crime on ships, deterrent provisions against violation of port security. A called for appointment of a security officer on every ship. comprehensive port security law on the lines of Maritime A sound communication system in case of distress and Transportation Security Act of 2002 passed by U.S. has equipping security personnel and crew with arms are to be enacted for strengthening security of ports in the other recommendations made by it. country.

The port security and ship security need to be integrated The American law provides the framework for a properly, so that timely response is available in case of an national port security system, assessment of vulnerable emergency. It is necessary to improve communication infrastructure, contingency response to terrorist strikes, between ship and port security authorities. setting up of port security committees for better inter- agency co-ordination, more full-proof access control, Area Surveillance funding for security infrastructure improvement, better R&D for cargo inspection, security training, education Traditionally, cities have sprung around ports in India. and certification creation of maritime intelligence system; Density of population, poverty, poor civic infrastructure improvement in reporting of crew and passengers, sea- and unemployment contributed to the growth of slums in marshals for protection of vessels and port properties, and around port areas. They later became breeding supply chain security evaluation of national distress and grounds of crime and disorder. response system, etc.

Fishing harbour located along side ports often pose Most of the attention paid to security in the aftermath serious security threats to vital installations of port and of terrorist attacks of September 11, 2001 has gone to defense on account of unbridled activities of thousands airports and land borders. Sea ports have remained in of fishermen, mechanized boat workers, sellers and buyers the periphery of discussions. The rapidly changing security of fish in stalls located there. A number of them indulge scenario, ship related terrorist incidents and revised in quarrels and other questionable activities. It is perceptions of security analysts compel one’s attention necessary to segregate fishing harbour from main port to the gaping security holes that exist in port security. area by relocation of former for effective enforcement of access control measures for prevention of entry of Container Scanning unauthorized boats or fishermen into harbour waters, but this may be difficult to implement due to political Random sample scanning system of containers has considerations. A more feasible way would be to evolve been operationalized in a limited manner by the Customs a system of identification of authorized fishing trawlers. at Jawaharlal Nehru Port, and it is planned by them to install container scanning system at Cochin, Chennai, Approaches to port need to be effectively guarded by Tuticorin, Mumbai and Kandla Ports. police in close concert with port security. This is specially necessary for ports of strategic significance as terrorists It is felt that scanning system as of now is limited for take sanctuary in nearby shelters before their attacks. customs purposes only and not really from security angle

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because container dwells for sizeable period of time in incidents, and search-and-rescue operations, since these port premises before it is subjected to custom scanning. are crucial areas that require cooperation. The centers There is need to strengthen the security scanning system may also provide a venue for intelligence sharing. These in ports by dedicated container security scanning system centers can join with “oil spill response centers” to combat to ensure better and prompt coverage. For this purpose, the hazards of oil spills. Oil spills are an ever-increasing new scanning techniques available may be brought in problem with serious consequences for marine ecological depending on the security threats. systems. For example, in the Malacca Straits alone there were five oil spills totaling 3.5 million tons of oil in 1994. Strategic Security Significance Hence, regional navies and coast guards need to structure “spill response centers” with mandatory power to inspect Some of the Indian ports have strategic naval and oil tankers, as Turkey, Italy, and France implemented in coastguard facilities co-located with them. This imposes some of their ports. These response centers could be a special responsibility on port authorities to ensure their amalgamated with the JMCs for better coordination and commercial activities do not jeopardize the defence management. Regional states should also develop marine interests of the country. For the enemy country, the technology and a joint strategy to ensure the safety of situation is of double advantage in that a single attempt at ports and harbors. They should also pursue coordinated sabotage or attack can simultaneously target two common efforts on utilization and management of marine objects. This constraint can be best overcome, if navy resources, both animal and mineral, in their respective provides the overall security umbrella in partnership with Exclusive Economic Zones, or EEZs. port security agency. It is important for naval authorities to appreciate the commercial ports problems and interact Concluding Observations with them in a spirit of wider perspective. All port security problems can not be brushed aside as of no consequences Transnational threats, including narco-terrorism, gun till war clouds gather. By regular dialogue with port and running, sea piracy, immigration control and assistance other agencies, navy and coast guard only gain by way during natural disasters, have spawned a multitude of of inputs, on various modus operandi adopted in proxy additional “out of area” operational roles for regional war by the enemy country. navies, and have dramatically increased the maritime security challenges of the South Asian region. Countering Multi-Layered Approach these threats and challenges requires consistent cooperation between the states affected and the associated From an Indian perspective, it is obvious that the maritime agencies. various maritime challenges must be addressed on a multi- layered basis. In view of the above, Cdr.P.K.Ghosh The agreement reached between the Malaysian, recommends the following measure: the establishment Indonesian and Singaporean navies on the conduct of of Joint Maritime Centers (JMCs) and “Oil Spill Response joint anti-piracy patrols in the Malacca Straits is an Centers.” Interlinked joint maritime centers comprising example of progress in increasing maritime co-operation. regional navies and coastguards should be formed at India has also been asked to help in this task. The important ports near strategic chokepoints to enable rapid establishment of joint maritime centers (JMCs) at and coordinated responses to smuggling, piracy, important ports and near ocean choke points would prove humanitarian disasters, illegal migration, environmental to be a milestone towards this type of maritime

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cooperation. The sea may bring together like-minded sums up, there is an urgent need for a comprehensive countries that, in turn, may influence the region’s strategic approach to maritime counter-terrorism covering the perceptions. Indeed, to quote the old saying: “The sea various dimensions of it, such as intelligence unites while the land divides.” collection, analysis, assessment and dissemination; the need to strengthen the capability for the collection of The post-September 11 international co-operation against technical intelligence relating to maritime terrorism terrorism has led to the mushrooming of joint counter- through monitoring stations on the coast and the terrorism working groups involving India and other countries. islands as well as sea-based monitoring platforms; port security; strengthening coastal patrolling in the In land-based terrorism, the police are the weapon vicinity of sensitive establishments, such as nuclear of first resort and the army the weapon of last resort, installations, oil refineries and off-shore oil platforms; except in border areas, where one faces the problem intensive naval patrolling in the high seas; monitoring of cross-border infiltration of terrorists. In maritime developments in coastal maritime communities; a counter-terrorism in the high seas, the Navy, including rapid action capability to deal with a maritime the Coast Guard, has to be the weapon of first resort, situation, if preventive measures fail; a crisis aided by others such as the Air Force, the coastal management capability; and regional and international police, CISF and the intelligence agencies. As Raman co-operation.

56 The Indian Police Journal Vol. LIV No. 4, October-December 2007 OFFENDER MANAGEMENT: A CHALLENGE FOR PRISON REFORM INITIATIVE IN INDIA

Prof. Balraj Chauhan* and Dr. Mridul Srivastava*

We continuously heard about the Why things have to change development work that has been taking place over the past few years in the Trends show that both offending Keywords direction of correctional aspects of and imprisonment will continue to prisons and wonder what it actually rise, even if re-offending reduces. Integrated Offender means. Integrated Offender This is because of longer sentences, Management Management (IOM) is a systematic changes in bail laws, the potential Cerrectional aspect of approach to managing offenders impact of sentencing review, and an Prison throughout their whole sentence. All increased number of first time Risk the hard work has been put into offenders committing serious research and development, which will offences. The approach for Change through give a real opportunity to achieve correction, which has been adopted innovation results. Through IOM everything has by the prisons, is not solving the Criminogenic needs to do with offenders, from the moment purpose and these are becoming Responsivity they are convicted untill their sentence meaningless day by day. There is and reintegration into the community, no separate plan for each and every Prison reforms and it will work effectively to bring convict from his entrance into the Cogritive skill corrections. IOM promotes integration jail, retention and after release. programmes and cooperation among the different Everything has a cost. Even Skill programme groups and services that includes the success pays and the failure also departments dealing with the prison, takes its cost. So when we make Applied Life Skill social welfare, justice system, etc. plans for the reformation, treatment Violence Reduction IOM is not an add-on to what we and rehabilitation of convicts, it has already do for correction, but this is a some cost to the justice sector- revolutionary change. By implementing welfare, health, implementation, and the principles of IOM, anyone who has victim costs, including loss of quality anything to do with an offender, no of life. matter what their job is, will be *Prof. Balraj Chauhan contributing to the success of IOM. Principles of IOM Director, National Law Institute University, Bhopal Every time someone handles a piece *Dr. Mridul Srivastava of information relating to an offender, There are three main things Assistant Professor (Criminology) even if they never see them in person, which influence offending after in National Law Institute University, their role in IOM is crucial. intervention: Indore

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l Risk finances his habit by borrowing from l Criminogenic needs loan-sharks. When he cannot meet l Responsivity their demands for repayment, he starts stealing from his employer. Risk principle Both people could benefit from treatment for their gambling problem. The risk principle says that Only one, however, has a successful interventions target high criminogenic need because only one risk offenders. Interventions are links gambling to offending. actually more likely to succeed where Abstract offenders also make the best possible Responsivity principle Emphasis of this paper on use of our scarce resources. The the principle of What state has to develop some Interventions that match the Works led to the under- sophisticated tools for assessing learning style of the individual offender’s risk. The RoC- risk of offender tend to work best in reducing lying philosophy behind conviction- measures an offender’s offending. Part of assessment will try IOM. The tools used to put future risk of imprisonment. The RoI to work out what is going to work for this philosophy in place - risk of imprisonment- assesses their each offender. Effective treatment is will continue to develop future risk of imprisonment. intensive, delivered to groups, and and improve as time relatively long. It makes offenders goes on, but the philoso- Criminogenic needs principle take responsivity for their offending, phy itself will stay the and challenges anti-social attitudes and same. IOM also recog- Each offender has a range of behaviour. Interventions, which work nizes that our decisions needs. Some of those needs will be best, resolve around offence itself. It about interventions need linked to their offending. These needs gives offenders a clear understanding to be built into our plan- are called criminogenic needs. There of what they did and the choices they is a need to develop a tool to made. Responsivity also refers to the ning around security clas- measure criminogenic needs - the offender’s ability to benefit from an sifications, employment Criminogenic Needs Inventory intervention. This includes their skills, at risk identification, (CNI). Criminogenic needs include motivation to change, and their ability those relating to alcohol and drug to change. There is no point in putting abuse, criminal associates, and offenders through interventions, when violent tendencies. Some could be they will not or cannot benefit from more significant to an offender’s them. IOM will enable us to stop doing behaviour than others. For example, that. imagine we have two people with a gambling problem. One gambles We have to also assess how away his house, loses his marriage, responsive each offender is likely to loses his friends and his job. He goes be to intervention, and their bankrupt. Another loses a lot but motivation to change. Sometimes,

58 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Offender Management: A Challenge For Prison Reform Initiative In India

literacy and numeracy, as well as offenders finding jobs and appropriate accommodation. In short, IOM is about every- this has to be worked on before security classifications, employment thing we do. Teams of anything else can be done. For skills, risk identification, literacy and people who deal with of- example, someone could need to numeracy, as well as offenders fenders in all areas to the manage their drug and alcohol finding jobs and appropriate Department need to addiction before they can do anything accommodation. In short, IOM is brought together to cre- else. However, some offenders may about everything we do. Teams of ate something practical not be ready to address the causes people who deal with offenders in from this research. There of their offending behaviour. Those all areas of the Department need to offenders will receive services to be brought together to create is a need to develop increase motivation and encourage something practical from this new ways of doing things, them to take advantage of their research. There is a need to develop and new tools. There are services. new ways of doing things, and new now little bit better ways tools. There are now little bit better of looking at the of- Turning principle into practice ways of looking at the offender, the fender, the offending, offending, and the factors leading to Emphasis of this paper on the that offending, as well as better principle of “What Works” led to the intervention programmes to reform underlying philosophy behind IOM. and rehabilitate them. It is important The tools used to put this philosophy that the new processes and in place will continue to develop and interventions are delivered exactly improve as time goes on, but the the way they are designed. The ideas philosophy itself will stay the same. for improvement can always be IOM also recognizes that our incorporated in IOM and these ideas decisions about interventions need to must go through a formal change be built into our planning around process for IOM to retain its integrity.

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Scope - risks and needs drive the plan and the factors leading Rules drive our decisions about to that offending, as well what happens to individual offenders. We need to get an accurate as better intervention What happens to each offender will picture of all the risks and needs that be decided by the facts about that programmes to reform should be managed during an offender, and the IOM response to and rehabilitate them. It offender’s sentence. It will determine those facts. This makes us more is important that the new which interventions to use for a consistent, and means that one person processes and interven- particular offender. Each Offender or one team’s subjective judgment will tions are delivered ex- is different. This means offender with not affect what happens to an high risk needs individual solutions to actly the way they are offender. This is a major change from target the factors that lead to their designed. The ideas for how things have happened in past. improvement can always offending. We must plan in context. There will be other issues to manage. be incorporated in IOM Categories- put people with In prison, these will include security and these ideas must go similar offending needs into risk, inmate employment, and health through a formal change categories and protection issues. In the process for IOM to retain community, these will include family We can group offenders with its integrity. relationships, associates and similar management objectives into employment, income, etc. In both, we certain categories, and then, in turn, must also focus on reintegration- target services at these categories. housing, employment, income, etc. IOM integrates all of this.

Rules drive decisions-rules drive decisions about what happens to offenders

We are more effective when we target our services at offenders using facts about that particular category of offenders.

60 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Offender Management: A Challenge For Prison Reform Initiative In India

For example, offenders with a low risk of re-offending Integrated services- integrated, consistent services will have a sentence plan without expensive interventions. across the whole Department They donot need it, and research shows that intervention with this particular group should be focused on The whole department must follow the same plan reintegration. for each offender. This means the different parts - public prisons service, community probation service, and Plan for entire sentence- entire length of sentence psychological service- must all treat each offender planned until completed consistently. Furthermore, the way staff within the same service treat offenders must also be consistent. For Each individual needs a plan which covers the whole example, a corrections officer’s interaction with an inmate of their sentence. There is no point in working with someone must be consistent regardless of the unit or site the inmate intensively for the first two years out of a 10 year prison is at. This new level of integration will make us more sentence, and then doing nothing for the next eight years. effective in reformation and rehabilitation.

This means that each offender’s plan must cover the What IOM is entire time from when they are convicted until their sentence is completed. It must also cover the sequence in With IOM, each offender has to go through four which needed interventions will be offered to the offender. processes when they receive a sentence: For example, it is best to deal with someone’s drug and alcohol problems before we look at improving their literacy Induction and numeracy. An offender’s sentence plan must cover all contact they have with all parts of the Department. Induction means that whenever offenders come into contact with the prison department, they are informed about what will happen to him. They are also offered the chance to change. Induction includes any rules and routines they

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must follow, and what will happen to them during the course l Individual treatment by psychologists of their contact with correctional services. This process can l Work training and experience be quite short in some situations. Induction into actual l Reintegrative programmes sentences is a more involved process. l Structured individual programmes to teach skills and address factors in offending. Assessment Sentence management means recording each We need to assess the whole person at the start of a offender’s progress against their individual objectives, and sentence to identify what has contributed to the offending arranging changes to the plan where this is required. - and which of those factors we can change.We also Keeping accurate records is absolutely critical for every need to assess whether the offender is ready and willing sentence completed by every offender. This is information to change and to take responsibility for their actions. We we can use to work out what works for that person and also need to assess the risk of imprisonment, of future what does not, and improve the tools we use in future. convictions, of factors which could be potentially harmful during their sentence, and so on. We also need to assess The computer system is needed to develop these levels of literacy and numeracy, whether or not an inmate records, and assist staff to monitor each sentence. is at risk in some way, security classification, and suitability for inmate employment. To ensure the objectivity of these Reintegration assessments, special tools need to be develop. Reintegration is the final phase of the sentence plan. Sentence planning and management It is planned for and carried out for inmates in prison and community based sentences plan, and its management Some staff must be trained as sentence planners. for the offenders to reintegrate into the society. Sentence planning means working out what will happen to individual offenders during the course of their sentences System Development to achieve the goal of untill they are reintegrated into the community. Every offender management offender with a high risk of re-offending will be assessed and have individual sentence plan developed. This plan More detailed plans regarding service delivery models will be monitored throughout the sentence. It may include and implementation plans for specific areas concerning specific interventions, but for many offenders this might assessment, intervention, offender management, staff not be part of the plan. A sentence plan could include any training, and evaluation will be forthcoming, once of the followings: developed together with providers for an effective correction system. l Therapeutic programmes l Basic literacy and numeracy skills, including Principles underlying rehabilitation framework employment skills. l Cognitive skills programmes, including straight The way in which the correctional system responds thinking may increase offender’s resistance to change the l Alcohol and substance abuse programmes. offending behaviour or increase offender determination l Violence prevention programmes. to change offending behaviour. This needs to be an

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interdisciplinary endeavour that involves members of the through offence specific and offence related programs judiciary, mental health professionals, Prison to manage offender’s risk. Non-criminogenic needs will Administration and correctional staff. A rehabilitation also be addressed to enhance offender capabilities. framework should have the dual goals of offender risk management and increase offender capabilities. Offence 3. Matching learning styles: Effective programs specific and offence related programmes have a meet the need of offenders. Active and participatory rehabilitative goal of risk management (i.e. rehabilitating learning techniques provide a match between the learning of offenders to avoid harm to the community). Thus, style of offenders and staff. Standardized risk and need offence specific programmes that address criminogenic assessments and interventions should be applied in an needs include sexual, violence, and drug and alcohol individualized way to the offender. related offending. Offence related programmes that address these areas are also related to offending in some 4. Increase Motivation : Lack of motivation can instances such as problem solving, family support, harm be a criminogenic need and should be the target of from drug use, and accommodation, education, intervention rather than used to exclude offenders from employment and supporting pre and post release for programs. prisoners and community based support for offenders to the expansion of community correctional services, bridging 5. Deliver “Smart” punishment : Punishment the gap and the development of the community transitional alone, without developing pro-social skills to address units. At the same time, interventions that need non- offending behaviour, is ineffective. criminogenic needs such as anxiety, low self- esteem and psychological distress are also required to motivate 6. Emphasize Community : Programs based in offenders to change offending behaviour. Such the community are more effective because new skills interventions have a rehabilitative goal of enhancing capabilities ( i.e. improving quality of life and so reducing leaned can be immediately applied. However, Prison based the likelihood of offenders harming themselves and programs can also be effective if adequate reintegration others). In addition, a consistent system of sentence into the community occur. management is required to underpin the framework. Again a multidisciplinary and multiagency approach is required. 7. Use effective treatment methods : The most effective programs address a variety of problem areas Principles of System Development in Offender (Multimodal methods), are skills-oriented (teach coping Management skills) and use cognitive behavioral methods (address thoughts, feelings and behaviour) 1. Classify risk: The higher the risk classification, the greater the likelihood of re-offending. More intensive 8. Encourage Responsibility taking : Offenders programs target higher risk offenders (offence-specific demonstrate accountability for behaviour and increase programs) while minimal intervention target lower risk victim’s awareness. offenders (offence related programs). 9. Use sound methodology : A scientific, rational 2. Meet Criminogenic needs: Characteristics and empirical approach to research, development and associated with a reduction in re-offending are targeted service delivery is used.

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10. Maintain program integrity : The stated aims Cognitive skills programs are linked to the methods being used and adequate resources and trained staff availability. Program Cognitive skills programs teach problem-solving, self- monitoring and evaluation systematically occurs. control, moral reasoning and social skills. They are foundational programs and so are necessary 11. Apply professional discretion : In addition to pre-requisites to moderate and high intensity programs. standardized methods, decision makers must also respond Therefore, this program should be completed early in to moral, ethical, economic and legal considerations i.e. sentence. This will also assist offenders on longer make normative judgements. sentences, resolving potential conflict situations in prison. Cognitive skills programs need to be available at the 12. Adequate programme development and beginning of the sentence. Cognitive skills programs implementation: Effective consultation and address anger management, conflict resolution, problem organizational cultural change is crucial. solving, stress management, victim awareness or empathy, and so on. This will provide the opportunity for The process of matching offenders to programs should consistent preparation of offenders for offence specific focus on three principles-classifying risk, meeting programs and allow ongoing monitoring and evaluation. criminogenic need and matching learning styles. The need assessment determines the problem areas to be addressed Staff training and the risk assessment of the level of intervention intensity required. Matching learning styles of offenders Staff training and support is required in values and means that programs need to be developed for offenders, principles, for offender management, risk and need who tend to be concrete thinkers and with low verbal assessment, and groupwork. Correctional staff in prison skills. Most importantly, a correctional environment providing cognitive skills programmes, offence-specific conducive to program delivery is required in order to programs and the offender management system should increase motivation to change offending behaviour. initially be targeted. And training in these areas:

Assessment l Values and principles l Offender management Assessment is a dynamic process that evaluates the l Risk and need assessment offender throughout sentence and determines the timing, l Offence-specific programs focus, format and content of intervention. Evaluation The offender management plan may include : a. An assessment of risk level The offence specific programs require evaluation in b. Offence-specific and offence related needs the following format : c. Readiness to change in terms of motivation to engage in programs 1. Process evaluation d. Risk of self harm e. Any special needs, and This form of evaluation determines whether the f. An initial exit plan for prisoners focused on needs strategy or offence-specific program is running in upon release. accordance with the aims, method, procedures and design.

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2. Outcome or impact evaluation obligations of the offender in the community. This new penal measure, “Community Confinement and This form of evaluation demonstrates the Control” (CCC), may be designed to ensure substantially effectiveness of offence-specific programs in reducing more supervision and control of behavior, and also offending behaviour. The quality and quantity substantially more treatment, employment, and other performance measures include data about: (a) how much socialization programs than conventional probation and was done (b) how well it was done (c) how much efforts even “intensive” probation ever had—but for shorter were required and (d) what were the results. This form periods. of evaluation can be assisted by external research and evaluation organizations. Correction life skills program

3. Program standards and accreditation The correction life skills program consists of three principal components - academics, violence reduction, One central agency working in the area of prison and applied life skills. should provide standards and specification regarding assessment, intervention and management of offenders Academics to ensure a consistent service system approach. Reading and writing skills Formal Education System (At least Middle Level) Allocating corrections resources Language expression

More than anything, clarity is required in this regard. Violence Reduction The nature of corrections also demands that any Moral Recognition correctional agency hoping to promote it will need to build Anger management new capacity, from the bottom up, and will need to Conflict resolution training construct new systems to manage that capacity and the flow of information it requires. That is because Applied Life Skills information from the local level will be required for Credit and banking monitoring and revising deployment plans at individual, Job search agent, regional, and State levels-and this information Motor vehicle regulations should be expected to change rapidly. This necessitates Legal responsibilities (e.g., restitution) planning and overseeing a State’s responses to variations Family responsibilities (e.g., child support) in its corrections investments-variations more complex, Health issues changeable, and subtle than ‘caseload’ or ‘offender Social services needs’. It is recommended to abolish felony probation Educational services and creating a new form of confinement, one merging Cultural differences features of prisons with varying degrees of liberty and Government and law

The Indian Police Journal Vol. LIV No. 4, October-December 2007 65 NOBLE CAUSE CORRUPTION Sankar Sen*

‘Noble cause corruption’ be guilty of criminal activity. Such entered the literature with Edwin deceptions can take various forms Keywords Delattre’s influential book - fabrication of material evidence, “Character and Cops: Ethics in selective presentation of evidence Philosopher-King Policing”, first published in 1989. and improper collusion in the Republic It has now become a standard presentation of evidence, etc. Very phrase for characterising behaviour often such deceptions amount to Testimonial Deception in which, in order to achieve perjury. According to Jeremy Booth, Perjury apparently legitimate objectives, the “noble cause corruption is an police exceed their authority and elegant term for securing Dirty Harry Problem powers. The concept has classical conviction on evidence that has 1 Noble cause Deviance origin. In Plato’s “Republic” , the been improved by the police. It is philosopher-King justifies the use a euphemism for perjury”3. Systemic Arrogance of noble lies in order to advance the good of the city. But whereas At first blush, noble cause Tragic Choices for Plato, the noble cause does not corruption differs in many ways Elegant Term justify anything more than the use from what is generally referred as of lies, and other forms of corruption. Noble corruption in Testimonial Deception deception, police often engaged in policing is defined as corruption Moral Justification “noble cause justification indulge in committed in the name of good misuse of force and other forms of ends, corruption that happens when Process Corruption flagrant abuse of human rights”. police officers care too much about And again for Plato, noble lies are their own work and corruption meant for achieving positive goods, committed in order to get the bad and not merely to avoid significant guys off the streets4. evils2. Police corruption has been *I.P.S. (Rtd.), Senior fellow, Testimonial deception traditionally defined as misuse of Institute of Social Sciences, New Delhi authority by an officer for personal Former Director, One popular and common form gain and accepting money or money’s National Police Academy, of noble cause corruption is worth to provide a service that the Former Director-General, National Human Rights Commission testimonial deception, for ensuring police are duty-bound to provide. conviction of someone believed to Many police officers feel that

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corruption for personal gain is much are not one-off immoral action more serious than engaging in committed for good ends. Very often corrupt behaviour that tends to the motivating force is the habit, benefit the society at large. disposition on the part of the police officers to commit such acts. There Dirty Harry problem is no attempt to perform a rational calculation of the morality of ends The notion of noble cause and means on a case-by-case basis. corruption receives classic The person who performs it is either expression in Dirty Harry film and deceiving himself or simply mistaken Abstract its chief protagonist anti-hero when he judges that the act should Inspector Harry. In this detective have been morally performed. So, Noble cause corruption film, Harry Callaghan is trying to the motive has a moral deficiency. implies faith in the con- achieve a good end. He is trying to “However, there can be some acts find out a girl whose life is in of noble cause corruption, which can cept that the end justifies imminent danger. In order to save the be morally justified from an all-things- the means. However, in girl, he is inflicting pain and torture considered standpoint. In such cases the conflict of ends and upon the kidnapper, who is refusing it was not an act of corruption and means, the point to be to reveal her whereabouts. The therefore, not an act of noble cause borne in mind is that if image of Harry Callaghan inflicting corruption5”. the ends are important pain upon a psychopath is enough to justify the emotionally compelling. But in most Thus, very often many acts of means. The conviction of of the instances, police either noble cause corruption cannot be a criminal is important fabricates evidence or uses morally justified when they are but in a liberal democ- excessive force not for saving the individually considered. The officer racy the police are ex- life of the victim nor are they proved has acted on his habit and not, taken to be the only means of conviction. pains to rationally examine if the pected to carry out anti Such high-handed methods not only means adopted really justify the ends crime activities in a man- violate the right of the suspect, but in a particular case. It is for this ner that advances the also affect the moral fibre of the reason noble cause corruption has values of a liberal demo- policemen indulging in such methods. become problematic in policing. Most They view their dirty acts not as instances of police fabricating means to the achievement of good evidence or excessively using force ends but as ends in themselves. have not been done to save the life of anyone in danger. Habitual actions Ends and means It is also a fact that corrupt acts, including acts of noble cause Noble cause corruption implies corruption, are habitual action. They faith in the concept that the end

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justifies the means. However, in the Dreshweitz, a leading criminal conflict of ends and means, the point defence lawyer, who has argued that to be borne in mind is that if the ends in cases of ‘ticking bomb urgency’ are important enough to justify the torture warrants. In practice, means. The conviction of a criminal however, attempts to use torture is important but in a liberal sparingly have led to widespread democracy the police are expected abuse. Once a degree of torture is to carry out anti-crime activities in a permitted, it gives the licence to the manner that advances the values of interrogators to use it systematically a liberal democratic society. and abusively. The argument that cratic society. Ends, “Achievement of an intermediate end enemies deserve no justice will lead therefore, have to be im- of conviction should not undermine to deterioration of justice for all. portant enough to serve the more important end of a social the justificatory function. order reflective of democratic values. Again the issue of Adoption of impermis- In a democratic society the police proportionality of the means has to sible means may ulti- have to ensure that larger values be kept in the view. mately undermine the constitutive of a liberal polity are Otherwise, legitimate means 6 end. Again many means upheld” . Ends, therefore, have to be will be judged inappropriate, if have some other conse- important enough to serve the the aims are not considered of justificatory function. Adoption of sufficient importance to sustain quences that perhaps impermissible means may ultimately their use. In many states in may make their use ap- undermine the end. Again many America, police have launched propriate. In post 9/11 means have some other elaborate operations to lure into world to curb terrorism consequences that perhaps may custody those who have skipped draconian laws have make their use appropriate. In post charges. Alleged offenders are been passed in many 9/11 world to curb terrorism, induced by the prospect of lottery democratic countries, draconian laws have been passed in or other prizes to go to a location but enforcement and many democratic countries, but when they can be arrested. misuse of laws in many enforcement and misuse of laws in Employment of such tactics many democratic countries, including constitutes “inappropriate- India shows that some ways of overkill”7. Along with the principle keeping a country secure for of proportionality one has to keep freedom may have the effect of in mind “the principle of least diminishing as well as jeopardizing restrictive alternative”. Even if the the other values of a democratic use of force is justified to realize a society. Some justify torture to fight certain end, there is a need to adopt terrorism. It has been argued that least restrictive tactics. torture is justified in some rare cases. In America, the most significant Sometimes in the name of exponent of this position is Alan realizing a desirable end officers

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may indulge in methods, which are Commission on New South Wales grossly disproportionate and defeat Police Services (1998) Justice J. the end. I know of a case where Wood9 appropriately says, “the for controlling communal tension at approach taken by the commission the time of Puja festival the embraces those forms of corruption Superintendent of Police, besides sometime referred to as noble cause taking the usual precautionary corruption. This is a kind of measures like deployment of force corruption whereby unnecessary at sensitive points, adopted some physical force is applied, police unorthodox methods. These include powers are abused, evidence is beating up any person without any fabricated and confession obtained democratic countries in- reason found loitering on the by improper means. This would be cluding India shows that streets. People coming from station justified by the police on the basis some ways of keeping a or returning from work were also of procuring the conviction of the country secure for free- beaten up. Due to indiscriminate persons suspected of criminal or dom may have the ef- beating, the anger of rival anti-social conduct in order to fect of diminishing as well communities turned against the exercise control over sections as jeopardizing the other government and the growing of the community... the ambiguous values of a democratic tension between the communities status of process corruption is society. Some justify tor- subsided. This was what the SP illustrated by a totally inappropriate ture to fight terrorism. It wanted. He reasoned that when term “noble corruption”. There is the anger turned against the nothing noble about framing has been argued that government it could be handled or suspects”. torture is justified in some defused, but it would be difficult to rare cases. control communal riots erupting in Systemic arrogance different villages and towns of the district. SP’s action of beating up It is often seen that corruption, innocent people naturally came in and particularly noble cause for sharp condemnation. This corruption, occurs in a climate of is a clear instance of arrogance which generates a belief “inappropriate overkill’’8. that police officers know what is best for the society, and have the Noble cause deviance right to use power and influence to punish anyone posing, according to Some thinkers are of the view their perception, threats to public that noble cause corruption should order and public safety. But not be seen as corruption at all, but arrogance indeed has no place in should be viewed as some form of policing and an agency with a deviance. Some call it “Process culture of arrogance will only Deviance”. In the report of Royal foster allegations of organisational

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tolerance for noble cause corruption. Again suggest that he was executed. Escobar terrorised the supervisory cowardice has the effect of encouraging entire nation and the hunt for him continued for three organisational tolerance of noble cause corruption. years and cost both the US and Colombian government Unless senior officers take a resolute stand against millions of dollars and hundreds of lives. It was indeed various forms of misconduct of the subordinates, an all-out war and the Colombian government was illegal practices and patterns will continue. fighting for its very survival. It was an emergency and the methods used by the Colombian government cannot Tragic choices - opting for lesser evil be replicated in other non-emergency situations. Then exceptional cases do not show that dirty methods are Sometimes holders of public offices have to make an invariable feature of military or police leadership11. some tragic choices. They have to choose between a large-scale public failure and important moral obligations. Delattre has taken the view that in such hard and difficult They have to perforce opt for the lesser evil. It is reported cases, where there is conflict between ends and means, that during the second world war, British authorities chose responsibility for any such decision should rest with the person not to warn the people of Coventry of an impending air with greater authority in the police department. Some raid because it would have alerted the Germans to the procedural constraints should be placed on such decision- fact that the Britishers have broken the Enigma Code, making. The people who are paid more and have greater thus, compromising an important strategic advantage10. expertise must take greater responsibility. But in fast moving and difficult policing work this kind of referral may not always Dirty hands be possible12. In police work, important decisions affecting life and liberties of people have often to be taken by street Writers like Michael Walzer hold the view that political patrolling officers and men down the line. They have to be leaders, police, and military personnel have to engage in vested with enormous discretion. “The command and control some form of noble cause corruption, which is a definitive system of police organisation is paradoxical. It seems to feature of their roles. They have “dirty hands” as they regulate in minute ways the behaviour of the individuals who have to perform actions, which infringe on the principles are required by the nature of their work to make instant and of morality. But some of the steps they are forced to take complex decisions in unpredictable circumstances. Police may be morally justified, though they involve use of organisations allow enormous discretion in practice while at apparently questionable methods. According to Walzer, the same time maintain a top-down- command system. The politicians get their hands dirty and in his influential article formal and informal structure of authority in police are not on the topic offers examples. He gives the example of a congruent”13. political leader who must order the torture of a terrorist chief with a view to discovering the whereabouts of a There is a great need for training of police officers bomb likely to kill innocent people. But this is an exceptional and men in humane and ethical policing. The police have situation which does not occur routinely. This is an unusual to develop sensitivity for those who are policed, both emergency when moral principles can be infringed for the suspects and victims. In policing mechanical application sake of greater public good. of rules do not always help, officers have to use their discretion and discretion is not licence. Though grounded The Colombian drug baron, Pablo Escobar was on rules, discretion is a form of judgement rather than shot dead in his hideout in 1993. There is evidence to mere rule -following14.

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References 7. C.B Klockars, ‘The Dirty Harry problem’.

8 Case Studies for Police Officers Vol II. National Police Academy, 1. Plato, “The Republic”, 382c, 389b. Hydrabad, 1988. 2. ‘Rethinking Noble Cause Corruption’, John Kleinig. 9. Report of Justice J. Wood (1998) Vol. I: Corruption (p. 26). 3. Scottish Justice System on Trial. The Scotsman. P-l. 10. Jones R.V., “More Secret Ware,: British Intelligence”, 1939. 4. John P. Crank and Michael A. Caldero, “Police ethics, The Corruption of Noble Cause” (Cincinnati: Anderson Publishing 11. Michael Walzer, ‘The Problem of Dirty Hands: Philosophy and Company, 2000). Public Affairs’, Vol. Ill, page 64-67. 5. Seumas Millar, - Noble Cause Corruption in Policing - Published in African Security Review - Vol. 8 no. 3,1999. 12. Edwin Delatte, ‘Character and Cops: Ethics in Policing’, Page-18. 6. John P. Crank, and Dr. Michael A. Caldero, “Police Ethics: The 13. David H. Bay Ley: ‘Police for the Future’. Page-64. Corruption of Noble Cause”. (Cincinnati: Anderson Publishing Company, 2000). 14. ‘Rethinking Noble Cause Corruption’ - John Kleinig.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 71 ROAD SIGNS – A SEMIOLOGICAL STUDY

P.S. Bawa*

On the face of it, traffic road signs it is difficult to recall or establish a might appear as unnecessary communication for a proper Key Words appendages to the roads, not seen, response. It is a mad world where often ignored even if seen, and devoid these obelisks are just standing tall Road Sign of any meaning for the people in oblivious of their recognition by Semiology general. The only ones, if ever taken others. So it appears there is a note of, are the information signs disorder on the roads and the system Flagrant Defiance pertaining to one’s destination and that has indulged in irrelevances of sorts, System of Discourse too if one is on a new route. The rest more as ornamental than having a of these just have no worth, and no function to boot, not cut out for a Icon significance. These are mere icons purpose but just be there, perhaps for Social Conventios fixed on iron posts, and since mute, the sake of it. All this betrays a so ignorable. The inanimate has no complete ignorance on the rationale Traffic Signs place in the scheme of things where of the road signs that have been an Syntagmatic Relation even the animate (in the form of integral part of the road network. police) get a short shrift as is evident International Traffic Sign from the indifferent attitude of drivers In a climate of total and flagrant Signifier and Signified in general and bus drivers in particular, defiance, it appears naïve to reflect who defy all rules, flout all directives, on the importance and significance Obelisks and exhibit a brazen behavior, often of road signs. But one must indulge Symbology outlawed by the superior courts that in this exercise despite all the have decreed that they stick to the hazards. It might appear as lane, not overtake and indulge in surprising that there is a reason to parallel driving race, stop at appointed this scheme and there is a purpose spots to pick up passengers and not behind this design, an objective that wherever they will. is laudable in intention and practical in approach. It is laudable because Even if made conscious, the it is meant to achieve results; it is *IPS (Retired) viewer may feel that the there is a practical because it is the only and jumble of signs that are confusing. the best way to communicate that These have multiple symbols, often can have an affect, if taken seriously look alike with a menagerie of both by the viewers and law caricatures. These are so many that enforcers.

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Signs as language idea directly, such as a circle with a bar across it to represent negation, Signs are as old as civilization. are examples of icons… Icons are These were the basic means of weakly motivated or unmotivated – communication. These developed that is, their meaning is only weakly much before the alphabet. The non- fixed by social conventions.’ (p.12). linguistic sign helped people to Yet in spite of low grade priority given communicate. Semiology or to traffic signs in the study of semiotics is a science of signs that semiotics, the insights into the system studies the significance thereof. It is are extremely valuable to discern the Abstract a study of signification that is meaning of the signs that are contained in the sign. A sign is a ubiquitous. In a climate of total composite of a signifier and the and flagrant defiance, it signified. Something (a signifier) that Sign is a ‘system of discourse’ appears naïve to reflect is meant to convey a message (a (Culler; 103) It is used to ‘make explicit on the importance and signified) is a sign. Philosophers like meanings they seem to bear and significance of road Charles Peirce, Ferdinand de reconstruct the system on which these Saussure, Claude Levi-Strauss, meanings are based.’ (Ibid. 101) signs. But one must in- Jacques Lacan, Ronald Barthes, Codes provide for ‘economical notation dulge in this exercise de- Umberto Eco, and Jonathan Culler for notations which are already spite all the hazards. It have made studies in the symbology defined’. (Ibid 100). Signs are might appear as surpris- of literary works and cultural studies ubiquitous in all disciplines. In language ing that there is a reason and, did not pay much attention to itself, signs like i.e., e.g., &, etc. convey to this scheme and there non-verbal signs, these being too a meaning; so in algebra geometry, and is a purpose behind this obvious and mundane. Culler (103) science such as E= mc2, religious design, an objective that says, “Traffic signs, for example, symbols like cross, political symbols is laudable in intention generally do not involve the like the sickle and a hammer, lotus, and practical in ap- combination of more than one unit, hand, et al. The cricket umpires have proach. It is laudable or if they do (as in signs where the a language that indicates everything shape indicates the presence of a without making any verbal utterances. because it is meant to hazard and the device specifies the ‘Every sign is endowed with a sort of hazard) the syntagmatic significance’. (Barthes; 111) It is relation is very simple and ‘ideas-in-form’ (Ibid; 112). It is a uninteresting.” Similarly, says conversion of speech into sign and vice Gottdiener, “An icon is a sign that versa. These ‘impose a meaning at one conveys an idea by virtue of its very stroke’ (Barthes; 111) close reproduction of the actual object or event. International traffic Traffic sign is, thus, an explicit signs, which must transcend code that has an implicit meaning of particular languages to convey an prohibitions, warning, and guidance.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 73 Road Signs – A Semiological Study

These are ‘easy and unambiguous a set of rules so that order is communication’, to use the maintained and it is not free for all, expression of Barthes (Ibid. 100). and that there are no clashes in the These enforce observance, i.e., form of accidents, or expressions compliance ‘as in observing rules, of rage, and the roads are used to codes, regulations, and practices’ the optimum capacity without (Cavallaro; 133) ‘This may well be obstruction and with safety, and what Jacques Lacan has in mind that one avoids interfering with the when he speculates that the world movement of others. Since the of inanimate objects is not passive roads belong to the government, it achieve results; it is prac- but actually looks back at the lays down rules for the users. tical because it is the perceiver… The inanimate world Three, since roads are meant for only and the best way to watches us to the extent there is movement, it is necessary to have communicate that can inevitably someone or something that messages that are non-verbal as have an affect, if taken expects us to see things in certain there is no time for the user to stop seriously both by the ways’. (Ibid; 134) and read, if he can, the instructions. viewers and law enforc- In static situations, one can use ers. Signs are as old as Traffic sign is ‘an object that language or languages that people civilization. These were demonstrates relation’ in a context understand, have time to read, and (Culler; 128). The interesting question refer back. But in the case of the basic means of com- to be posed is how geometrical traffic that is fast moving and has munication. These de- shapes like circles, triangles, the potential of causing damage veloped much before diamond, and rectangles are because of speed, size, and impact, the alphabet. The non- connected with traffic. This requires this method is not feasible. Since linguistic sign helped a semiological investigation as the illiterates cannot read language and people to communi- relation between the signifier (sign) those on the move cannot converse cate. Semiology or and the signified (meaning) is but must understand various moves, semiotics is a science of arbitrary first and becomes it is imperative that a non-verbal signs that studies the sig- conventional later on with usage. language is devised so that all can Thus, all signs have a function to identify, recognize, and behave in perform. They have a meaning. a uniform manner. The message of one person must cut across to Need for traffic signs others. The purpose is to standardize behavior so as to The need for road signs expect predictable movement on emanates from three sources. One, the roads. This is possible only if roads are used by a diverse section the users understand the language of people who may be illiterate or of the road and converse in that. know only one language. Two, all Therefore, there have to be certain public spaces must be governed by directions that govern all users on

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the one hand, and a method of meanings are the signifieds. The doing so on the other; it is in means scheme is arbitrary but has been of finding a method of conversing accepted all over. Hence, the meaning with the others. is unchangeable. The same scheme is used in traffic light signals. Vehicles There would be chaos, if there are not supposed to move at the red were no agreed norms that every one sign; they can move only when it is abides by. But how to convey the green. They must try to stop at the norms and remind the users amber. That is why amber sign follows constantly till these are accepted as the green. But the conversion from the such and followed unconsciously and red to the green is straight. These are nificance thereof. It is a automatically? In this connection, basic signals that control the movement study of signification that road signs have an important of traffic on the roads. These have to is contained in the sign. contribution. These are the be followed meticulously; otherwise A sign is a composite of vocabulary used by all. As a tool of there is a danger, a hazard of an a signifier and the signi- communication, these are medium accident or a jumble of vehicles, a fied. Something (a signi- through which people respond to a situation of chaos. fier) that is meant to con- common meaning. There is neither vey a message (a signi- subjectivity nor any flexibility. It is a Not only are the signs fied) is a sign. Philoso- play of total objectivity. It is beyond communicative, they speak of various phers like Charles Peirce, any scope of interpretation. It means things. They carry messages that what it stands for, nothing more and have particular meanings. There are, Ferdinand de Saussure, nothing less. It is, to that extent, a thus, prohibitions, warnings, and Claude Levi-Strauss, public language devoid of a private guidance. The geometrical signifiers Jacques Lacan, Ronald meaning. It has to be interpreted by are circles, diamond, triangles, Barthes, Umberto Eco, all in the same way. Signs are codes squares, and rectangles. In and Jonathan Culler for people who do not share the same combination with color scheme, have made studies in language and who are on the move. diagonal lines across the circle and the symbology of literary So, these are the most suited form pictograms, these signs signify various works and cultural stud- of communication. Sign is an agent prohibitions, permissions, cautions, of communications. directions, and guidance in the form of information about the road Mode condition, destination, etc. Similarly, straight lines, arrows, curves, T-points, In traffic signs, use has been made Y-shape, and pictograms like bicycle, of color schemes, geometrical shapes, heavy vehicle, slow moving vehicle, and pictograms. In all conventional boat, zebra marking, railway engine, codes, red means ‘stop’, green means telephone, petrol pump, hospital, first ‘go’, and amber stands for ‘caution’. aid, restaurant, animal, etc. are used The colors here are signifiers and their to describe all that is intended. By

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juxtaposition and placement, these in the shape of a triangle. There is signs are capable of conveying all only one mandatory sign in this information – mandatory, cautionary, category. It is that of an inverted and informative. triangle, connoting ‘give way to traffic on your right’. All the rest There are three types of are flat triangles with pictograms messages: inside trying to convey the massage. This is evidence of the paternalistic State to Driver approach of the state where it, like a parent, warns of the condition of ies and, did not pay (1) Orders the road that one is to come across much attention to non- like curves, ziz-zag, cuts in the verbal signs, these being The signs in circles are in the central verge, shape of intersection, too obvious and mun- form of orders that are mandatory roundabout, sharp slopes (ascents dane. Culler (103) says, and must be obeyed by all. They have or descents), speed breakers, ‘Traffic signs, for example, the backing of law. Any violation of potholes, barrier, a railway level generally do not involve such a law may invite punitive action. crossing, with or without a barrier, the combination of more Included in this category are or the likelihood of an animal on the than one unit, or if they directions like ‘stop’, ‘give way to road. The object of these cautionary traffic on your right’, various signs is to alert the driver of the do (as in signs where the prohibitions like ‘no entry’, one way approaching road condition and the shape indicates the pres- traffic, no turning on indicated likely items that are to follow, so that ence of a hazard and direction, ban on blowing of horn, he is not taken unaware and thus, the device specifies the especially in front of schools or can adjust the speed. All these signs sort of hazard) the hospitals, restriction on plying of are designed to inform him of the syntagmatic relation is certain category of vehicles, general scene of the approaching very simple and uninter- especially the slow moving, on the road. esting.’ Similarly, says main roads, etc. Similarly, there are Gottdiener, ‘An icon is a limits on extremities like indication of (3) Information speed limits, weight and height of a vehicle, width of the road, etc. The third category of signs Equally important are directions for pertains to rectangles that indicate cycles to move to cycle track or positive strokes. These are only vehicles to blow horns at strategic information depicting the spots. approaching telephone booth, petrol pump, first aid post, hospital, (2) Cautions restaurant, rest spot, or parking areas. These also include the The second category of signs destination signs, along with the is in the nature of warnings, depicted direction and the distance involved.

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Driver to Others so with arm signals, now there are suitable devices available in the This is a unique category of signs vehicle to do so. These are the in the shape of squares. These are indicators to express direction, light panels marked on the body of the signals, emergency blinkers, flashlight vehicle carrying dangerous or for permission to overtake, and the hazardous goods like explosives, horn. No longer does he have to compressed, flammable, or weave his right arm anticlockwise to poisonous gas, flammable liquid, indicate left turn, he can do so by the poison, etc. The spots for fixing of use of a light signal indicating his signs on vehicles, their dimensions, intention. sign that conveys an and graphics are contained in rule idea by virtue of its very 134, Motor Vehicle Rules, 1989. Road to drivers close reproduction of the These are known as ‘Emergency actual object or event. information panels’. These are for Roads do need repairs when International traffic signs, the guidance of other drivers, who damaged, regular maintenance to which must transcend should be careful while overtaking prevent damage, and filling up of sites particular languages to these vehicles, and for others in case for resurface when dug up by other convey an idea directly, of accidents so that the handling public utilities for works underneath. such as a circle with a bodies are aware of the nature of Then there may be potholes, loose bar across it to represent the cargo, and the way to handle it in stones, sites damaged by road case of an accident. accidents thus, narrowing the width negation, are examples of the road, or a fallen tree that could of icons… Icons are Driver to Driver not be removed quickly. There may weakly motivated or un- be road rollers and asphalt pavers motivated – that is, their Since road is an open space and left at the spot after the day’s work. meaning is only weakly permits wide movement and a lot of There may be any type of fixed by social conven- freedom in a way, it is necessary that imperfection on the road. The road tions.’ (p.12). Yet in spite the drivers convey their intentions being in a state of injury and in the of low grade priority given while on the move. All drivers are process for treatment must inform expected to articulate their moves for others of her state, so that the people the benefit of others, e.g., changing are warned of the hazards inherent lane, stopping due to a contingency in the situation. It has, thus, to speak like a punctured wheel or any other out loud and clear that all is not well reason, overtaking the vehicle in with it and therefore, the users must front, etc. This is necessary in order take care. It speaks out its condition to alert the vehicles in the rear, so and cautions others. This too is done that a sudden move by the vehicle in by the use of signs; for instance, front does not result in a clash. ‘labor at work’, ‘road work ahead’ Whereas earlier the drivers would do (triangular signs), use of bollards,

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traffic cones, barricades, blinking trace owner of the defaulting vehicle. lights, reflectors, and warning signs, This too is task of sign language. There supported by the mandatory ones. is no need to implant name of owner The site then displays a series of and his address. All is known with the forms, all relevant to the theme, thus most economical device of the signs. compelling the driver to take heed of In fact, the signs capsule the whole both for his own security and prevent information about the owner of the inconvenience and risk to others. vehicle. This helps in the subsequent operations depending upon the Identity in anonymity requirement like tracing a defaulter, to traffic signs in the study seeking insurance or compensation, or of semiotics, the insights People try to conceal their identity tracking criminals. into the system are ex- by use of inappropriate and cunning tremely valuable to dis- devices like oblong registration plates, Uses of Signs cern the meaning of the small letters and digits, innovative signs that ubiquitous. Sign letterings, indecipherable alphabets and 1. Universal mode of is a ‘system of discourse’ numerals. Such devices are resorted communication (Culler; 103) It is used to to by the owners to hoodwink the law ‘make explicit meanings enforcement agency, so that they are Sign is a universal language. not caught while committing any Whereas all cannot read all languages, they seem to bear and violation while driving or to conduct a and any direction pertaining to reconstruct the system on nefarious operation, as it is difficult to movement on the road has to have a which these meanings note down the registration number of quick grasp, sign is the most are based.’ (Ibid. 101) such a vehicle, these being vision convenient method of communication. Codes provide for ‘eco- twisters. All states have a road network, but nomical notation for no- they have different languages, tations which are already Thus, in order to fix the identity of unknown to the drivers. Moreover, the defined’. (Ibid 100). Signs the owner of a vehicle, the registration person driving or using the road may are ubiquitous in all disci- code of the vehicle is prescribed. The be illiterate, but he would be able to manner in which letters and numerals get the message once he is conversant of the number are to be written is given. with the meaning contained in the sign. The shape of the registration plate and That is why signs are reflective of an place to be fixed are mentioned. There easy meaning. Signs have a uniform can be no deviation from the pattern character wherein the shape, the and the place. The object is to rule out color, and the pictogram play a individual identities. But at the same significant role in bringing about a time, it permits the fixation of identity uniformity of behavior. The traffic of owner that is transparent in record signs have an international uniformity though opaque otherwise. Nothing can and it is thus, easier to understand the be hidden. The identity gets known to various directions, while driving in an

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alien land. Moreover, there is no of law, the state is conveying chance of any ambiguity in orders all the time. An authoritative interpretation. The meaning is fixed, entity conveys orders; a paternal essentially by the fiat of law. The sign entity warns of hazards, dangers, system is, thus, structured like a and general condition of the road, language. wherever necessary; and a helpful entity transmits required 2. A tool of communicative action information required by the person and known to the state. It is a The signs cater to easy transparent transaction. Signs are communication between the state and to be taken in that spirit. There is plines. In language itself, the individual, and individual and nothing on the road that signs like i.e., e.g., &, etc. individual without any direct contact. communicates more than the signs, convey a meaning; so in The only link is the sign; no words, no the signals, and the markings. In algebra geometry, and language, no text. The sign is the text this way, the government makes its science such as E= mc2, as every sign has a message. The presence felt and in this manner the religious symbols like cross, process is visual rather than auditory, law is conveyed to people, thus, political symbols like the except in case of a horn or a siren used reminding them of the obligation. sickle and a hammer, lo- by police, ambulance, or fire service. Signs are a system of relation tus, hand, et al. The cricket Every sign has a meaning. Implicit in between road user and the state. umpires have a language its existence is a message that speaks Traffic sign system is a technology out to the viewer. It has a legal of power of the state. that indicates everything connotation, based upon law. Since the without making any verbal Motor Vehicles Act is not within recall 4. An occasion for easy utterances. ‘Every sign is of all, sign is the best way to intervention endowed with a signifi- communicate. Signs capture the cance’. (Barthes; 111) It is articulation of law, its content and Since norms and standards ‘ideas-in-form’ (Ibid; 112). purpose. There is, thus, a direct have been prescribed, the relationship between a sign and law. enforcement agency can take Every sign has a meaning. It shouts suitable action for any infraction of for being heard. It is a means of the code. No one can say ‘I did homogenizing the conduct of people not know’. And he cannot say ‘I (Cavarello, 134). It is a source of did not see’ as they are prominently coordinated action. displayed and too ubiquitous to be missed. Every driver is expected 3. Establish presence of the to know the meaning of signs as government these are the basic test material at the time of qualifying for the driving It is interesting to note that license, besides the skill to drive. through the signs, an invisible entity He too cannot say ‘I was not

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informed’ as all the messages are loud and clear; these reminded of the requirements of law constantly thorough are expressive and, therefore, as good as understood. the sign system. It is a reminder of the intentions of law There is no excuse. In fact, traffic is the only law that and the need to adhere by its tenets. And when people is inscribed on the roads through the medium of signs. go by the rules of the game, the law enforcement agency No other law has this facility. In no other branch of does not have to display its power by making obvious administration are laws proclaimed so directly as in display of the agency’s prowess. It is all dignified traffic. This is due to the fact that that since everyone compliance with the rigidities of law. And all is smooth is a road user, it is essential to convey the message to thereafter. all. 7. A mode of universalizing behaviour 5. An opportunity for Police People using the roads come from various One of the important functions of police is backgrounds characterized by educational level, maintenance of law and order; in other words, remoteness from urban spaces, individual maintenance of order through law. Traffic law is the best temperaments, social conventions, etc. But a proper device that can prevent disorder on the one hand and use of roads is possible if behaviour of all is uniform create halo of power of the state on the other. Both shall and not individuated. For smooth and safe flow, it is have an impact on the general crime situation. The essential that there are no variations in the behaviour strategy is to make the presence of the state felt by all. of people so far as the norms of movement are Police should, thus, not only make people aware of the concerned. It is here that the individual traits are kept utility, power, obligation of road signs, but also enforce aside and uniform principles are adhered to. compliance through a vigil on this count. Violation of road sign is to be considered as an affront to the authority Traffic sign system is one of the best methods of of the state where it is mandatory, an act of indecency universalizing behaviour as it relates to commandments towards road users where it is a matter of warning or and guidance that must be understood and practiased by guidance, and an act of irresponsible behaviour where, all. It is ‘a precise system of command. All the activity of despite warnings, the road user ignores signs and bumps the disciplined individual must be punctuated and sustained into a problem. by injunctions whose efficacy rests on brevity and clarity; the order does not need to be explained or formulated; it 6. Projection of a benevolent image of power must trigger off the required behaviour and that is enough’ (Foucault; p.166). Traffic signs display the dignity of power without being oppressive and offensive. The sign system is a Since ‘the chief function of the disciplinary power is technology of power that is very mild compared to the to ‘train’’ (ibid. 170), it is the bounden duty of the law oppressive and visible instruments of power like the baton, enforcement agency to ensure compliance by all of the a firearm, a stick, a tear gas shell, or even a water canon. traffic signs. One of the reasons for road rage is the It is a silent presence of power, constantly reminding the annoyance emanating from bad behaviour and viewers the existence of a legal code and the authority to disobedience of norms. Bad mannerism, in terms of back it up by seeking compliance. This is a positive power violation of traffic rules, is an irritant and, when objected that compels the individual to police himself as he is being to, the defaulter takes offence on his person and reacts

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violently. Thus, making drivers adhere to signs would A society that abides by the symbols is a society that reduce chances of such clashes by normalizing behaviour no longer produces killers on roads, or inconvenient bore and disciplining the users. and the ignoramus creating derision and road rage. Traffic sign is a law. One must read a law in the sign. Conclusion References Road signs are to be taken seriously by the road maintenance and law enforcement agencies. These should Barthes Roland: (1972) “Mythologies”, Translated from the French not be left to their own to fend for themselves for a by Annette Lavers: London;Vintage. meaning. It must be appreciated and acknowledged that Bowie Malcom (1991) “Lacan”, London, Fontana Press. road sign is a simulacrum of law. It is law in a capsule of Cavallaro Dani: (2001) “Critical and Cultural Theory”; London, sign. Secondly, freedom of movement on roads can only Athlone be guaranteed if signs are respected and obeyed. So it is Culler Jonathan: (1976) “Saussure”, London; Fontana Press. the duty of police in general, and traffic police in particular, Eco Umberto: (1979) “A Theory of Semiotics”, Bloomington; Indiana to ensure compliance. If the agency is dormant on this University Press. score, the sign is dead. If it is in action, the sign comes Foucault Michel: (1979) “Discipline & Punish”, Vintage Books; New alive with a meaning, an order, and a commandment. The York amplification of sign is dependent upon law enforcement. Gottdiener M.: (1995) “Postmodern Semiotics”, Backwell; Oxford Power is concealed beneath the aesthetic of the sign. UK.

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K.P.Singh*

Introduction information a criminal offence unless expressly authorized. The Key Words Government openness is a sure harshness of the Official Secret technique to minimize Act, 1923 is mitigated to a limited Secrecy administrative faults. As light is a extent by the courts. The courts Official Secret Act guarantee against theft, have rejected the concept of governmental openness is a conclusive right of the government Right to Information guarantee against administrative to withhold a document. Indian File Notings misconduct. Justice Krishna Iyer Constitution does not specifically observed, “Government which provide for the right to information Case Diary revels in secrecy not only acts as a fundamental right, though the Public Document against democratic decency but constitutional philosophy amply busies itself with its own burial”1. supports it. Without guaranteeing Intelligence Agencies Justice K.K. Mathew in Indira right to information to public, it would Gandhi v. Raj Narain2 case noted be difficult to put the ideals Information Regime that in a government, where all the pronounced in the Preamble to the Government Openness agents of the public must be Constitution into practice. responsible for their conduct, their Central Information can be but few secrets. The people The right to information flows Commission have a right to know everything that out of freedom of speech and is done in a public way, by their expression. In S P Gupta Vs. GOI4, Public Information Officer public functionaries. Justice K.K. the court held that the ‘right to know’ Mathew again noted that the is implicit in the right of free speech secrecy system has become much and expression guaranteed under less a means by which government the Constitution in Article 19)1)(a). protects national security than a In Indian Express vs. UOI5 the means by which the government Supreme Court held that the right safeguards its reputation, dissembles to free speech and expression its purpose, buries its mistakes, includes right to know. Right to manipulates its citizens, maximizes reply was recognized by the court its power and corrupts itself. The in LIC vs. Mamubhai Shah6 and Official Secret Act3, 1923 makes all recognized right to information as *IPS, IGP (Haryana) disclosures and use of official heart of freedom of speech and

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expression. It will not be out of place individual in their custody. Since to mention that the Supreme Court ‘power corrupts and absolute of India has been consistently of the power corrupts absolutely’, the view that the ‘right to know’ is a power available to police may be right inherent in the Right to used not only for public good but Freedom of Speech and Expression. also for private gains and corrupt Such an observation was made as motives by the men in khaki. It is, early as in 1974 in State of Uttar therefore, very important that Pradesh vs. Raj Narain.7 The view policemen have due regards of the court remains unchanged towards the fundamental rights as Abstract even in 2004 while deciding guaranteed to the individual by the Peoples’ Union of Civil Liberties Vs. Constitution, especially the right to Right to Information 8 Union of India . life, personal liberty and dignity. Act, 2005 is the back- Policing in a society governed by bone of the new Informa- In this backdrop, it can be Rule of Law should be transparent tion Regime in which argued that the provisions of the and open to public enquiry, in order transparency and open- Official Secrets Act, 1923 suffer to make the police accountable to from the stigma of the people. It would, therefore, be ness is the order of the unconstitutionality. In fact, in a timely to review the police day. Legislature is en- democracy the citizen’s right to practices and rules which promote trusted with the sacred know is assumed rather than secrecy and non-disclosure of constitutional duty to guaranteed. The right is derived information. watch public interest and from the government’s lay down policies for pub- accountability and answerability to Salient features of Right to lic welfare. Accordingly, the people. There is a burden on the Information Act, 2005 the instrumentalities of the government to justify secrecy. The state are required to Freedom of Information Act, 2002 The RTI Act, 2005 provides for implement the law ‘ as it was enacted to guarantee right to setting out the practical regime of is’ . In a democracy, information to the people for the first right to information for citizens to time in India. The Act was repealed secure access to information under public interest is supreme. by the Right to Information Act, the control of public authorities, in 20059 (RTI Act). order to promote transparency and accountability in the working of Police is one of the important every public authority. For this instruments of the State. purpose, section 3 of the Act Discharging of police functions declares that all citizens shall have involves handling of human beings the right to information, subject to at every step. Policemen are often the provisions of the Act. The accused of corruption and public authorities, including the violations of human rights of police, are under obligation to

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maintain all its records duly concerned, it is exclusively catalogued and indexed. The provided that there shall be no authorities are required to publish obligation to give any citizen important details like particulars of information, the disclosure of which its organization, functions and would endanger the life or physical duties; procedure followed in the safety of any person or identify the decision making process; the rules, source of information or assistance regulations, instructions, manuals given in confidence for law and records held by it; statement enforcement or security purposes;12 of the categories of documents that and information which would Where public interest are held by it; directory of officers impede the process of investigation outweighs the need for and employees, the names, or apprehension or prosecution of secrecy, openness is the designation and other particulars offenders.13 rule. Police should be- of the Public Information Officers come part of the new and several other types of general It is, therefore, clear that police public order without hesi- information within 120 days from can protect the identity of the source tation. A paradigm shift is the enactment of the Act.10 The Act of information as well as refuse to required in the approach provides for designation of Public give information which can hamper of police to give up se- Information Officer at sub the progress in investigation. But the division, district and state level.11 exemption from disclosure of these cretive tendencies and Section 7, 10 and 11 of the Act information is not absolute and is share information with prescribe the procedure for subjected to the test of public public as per the disposal of the requests seeking interest. Second provison to section provisions of the Act. It is, information from public 8 provides that a public authority therefore, clear that po- authorities. Sometimes revelation may allow access to information of lice can protect the of information in actual practice is exempted category, if public interest identity of the source of likely to conflict with other public in disclosure outweighs the harm to information as well as interest, including efficient the protected interests. Further, refuse to give information operations of the Governments, information, which can not be optimum use of the limited fiscal denied to the Parliament or a State resources and the preservation of Legislature, shall not be denied to confidentiality of sensitive any person. 14 information. To harmonize the conflicting interests while Appeal against the decision of preserving the supremacy of the Public Information Officers, as democratic ideals, section 8 of the the case may be, can be placed Act provides for categories of before the Central or State public documents exempted from Information Commission. Chapters disclosure to public on demand. So III, IV and V of the Act are devoted far as police functioning is to provisions regarding constitution,

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term of office, condition of service, inconsistent therewith contained in removal, appeal, powers and the Official Secrets Act, 192317 and functions of the Central and State any other law for the time being in Information Commissions. The force or in any instrument having Information Commission can impose effect by virtue of any law other than a penalty of 250 rupees each day till this Act18. application is received or information is furnished, subject to maximum Police predicament amount of 25000 rupees15. Police is a law enforcement Keeping in view the specific agency and they are required to which can hamper the requirements of intelligence and bring the offenders of laws to progress in investigation. security organizations, such justice as per the provisions of the But the exemption from agencies notified by the state and Criminal Procedure Code. The disclosure of these infor- central governments are kept out police service is a civil service and mation is not absolute of purview of the RTI Act, 2005.16 the policemen are governed by the and is subjected to the Preamble to the Right to ‘Civil Services Conduct Rules’ as test of public interest. Information Act, 2005 declares that well as by the Police Rules of the Second provison to sec- democracy requires an informed respective States. Several tion 8 provides that a citizenry and transparency of restrictions have been imposed on public authority may al- information, which are vital to its the policemen in these rules to low access to information functioning and also to contain maintain secrecy of information of corruption and to hold governments which they are the custodian. The of exempted category, and their instrumentalities mindset of the policemen is tuned if public interest in disclo- accountable to the governed. It is to these rules and regulation, and it sure outweighs the harm truly reflected in proviso to section continues to be so. It would be to the protected interests. 24 of the Act, which provides that imperative to study these laws, Further, information, information pertaining to the rules and regulations which expect which can not be de- allegations of corruption and human the policemen to be secretive. Civil nied to the Parliament or rights violations can be sought, Service Conduct Rules impose even from the Intelligence and restrictions on civil servant not to Security Agencies notified under make unauthorized communication section 24 of the Act. of information.

The jurisdiction of courts in No member of the service shall respect of any order made under the except in accordance with any RTI Act is barred as per section 23 general or special order of the of the Act. The provisions of the RTI Government or in performance in Act, 2005 shall have overriding good faith of the duties assigned to effect, notwithstanding any thing him communicate directly or

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indirectly an official document or Government or which he has part thereof or information to any obtained or which he has access Government Servant or any other owing to his position as a person person to whom he is not authorized who holds or has held office under to communicate such document or government, willfully communicates information.19 such article, note, document or information to any person other than Violation of the conduct rules a person to whom he is authorized to attracts departmental penalties. In communicate it shall be guilty of an the State Police Rules also specific offence under this section and the a State Legislature, shall provisions have been made to punishment is upto 3 years. not be denied to any restrict the disclosure of information person. Appeal against or supply of documents in custody It is understood that public the decision of the Pub- of police. Relevant provision of servants are bound by the lic Information Officers, Punjab Police Rules reads as under: departmental rules and the laws not as the case may be, can to disclose information to any be placed before the No document or record unauthorized person. The persons Central or State Informa- belonging to or in custody of police, who are authorized to seek tion Commission. Chap- and no copy of extract from such information from them are normally document, shall be furnished to any their senior officers who can call for ters III, IV and V of the Act private individual or to any the record/document from the office are devoted to provisions government for his private use, as a matter of routine. This system regarding constitution, except under the authority of an suited the British who wanted that term of office, condition express provision of law or by order the lower level Indian functionaries of service, removal, ap- of court or by a general or special in the offices should be kept under peal, powers and func- order issued by the competent constant threat not to make the tions of the Central and authority.20 official records public. This was, State Information Com- perhaps, the most effective way to missions. The Information Unauthorized and wrong keep the natives ignorant about the communication, etc. of information functioning of the British Rule. by a public servant is punishable Unfortunately, the Official Secret under the Official Secrets Act, Act, 1923 and the other rules made 1923.21 The provisions of section 5 by the British, which prescribe of the Act provides following: secrecy, are still in force.

If any person having in his Under these circumstances, it is possession any article, note, not easy to change the mindset of document or information which has public servants and a paradigm shift been entrusted to him in confidence is required in their approach to by any person holding office under guarantee the right to information to

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the people. Another biggest hurdle the accused party, for scrutiny between the people’s right to know under normal circumstances. It is is the bureaucratic barrier. The agreeable that the Right to Fair bureaucracy considers that they are Trial is the fundamental right of a the representatives of the President person and is included in the Right and the Governor and are not to Life as elaborated in Article 21. servants of the public. Therefore, the An accused is entitled to each and bureaucracy hides, keeps silence and every document which he may maintains secrecy for the require to prove his innocence. convenience of the government that Although police may always claim be. privilege over case diaries, yet the Commission can impose RTI Act, 2005 has made the matter a penalty of 250 rupees Besides departmental and justiceable. Thus, the protection of each day till application service rules, the policemen have section 172 Cr.P.C., qua non is received or information to follow the laws governing their disclosure of case diaries has been is furnished, subject to functioning. During investigation, partially injured by the provisions maximum amount of police prepare record of crime and of RTI Act, 2005. 25000 rupees. Keeping criminal, including the case file. in view the specific re- Every investigating police officer Section 74 of the Indian Evidence quirements of intelli- is required to maintain case diary Act (IEA) 1872 states that documents gence and security or- as per provisions of section 172 forming the acts or records of the acts ganizations, such agen- Cr.P.C. The case diaries can be (i) of the Sovereign authority, (ii) of used, not as evidence in the case, official bodies and tribunals, and (iii) cies notified by the state but as an aid by the court in inquiry of public officers, legislative, judicial and central govern- or trial.22 The accused or his agent and executive, of any part of India or ments are kept out of is not entitled to inspect or call for of the commonwealth, or of a foreign purview of the RTI Act, such diaries. But if the case diaries country are public documents. The 2005. Preamble to the are used by the police officer, who Public Record Act, 1993 defines public Right to Information Act, made them to refresh his memory document in detail. The Public Record 2005 declares that de- or if the court uses them for the Rules25, 1997 defines classified purpose of contradicting such records and private records in Section police officer, the defence has the 2. Section 76 of the IEA, 1872 right to inspect and call for that authorizes any person to have a portion of the case diaries for the certified copy of a public document, purpose of contradiction.23 which he has right to inspect, in However, the case diaries cannot custody of a public officer. Thus, the be used as evidence.24 In other key, which enables any person to get words, the case diary is a privileged the copy of a public document under document of the police and it is not the IEA, 1872 is right to inspect that available to general public, including document. Right to inspect a public

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document has been elaborated in laws Information Officer, outweighs the as well as in rules and regulations as need for secrecy, he can make the a matter of public policy. At the same document public. In a way, it time, in order to protect public interest, imposes responsibility on the Station restrictions have also been prescribed House Officer to act judiciously and in various laws on disclosure of exercise his duties and discretion in information contained in public building police record with utmost documents. The provisions of Section care and responsibility. There are 76 of the IEA 1972, stand many instances when, under the garb compromised now to the extent that of confidentiality, policemen have mocracy requires an in- any person can demand copy of a harmed the reputation of innocent formed citizenry and public document from the state people by building false police record. transparency of informa- authorities, except the documents tion which are vital to its listed in the exempted category of As per section 123 of the IEA, functioning and also to documents under section 8 of RTI 1872 no one shall be permitted to contain corruption and Act, 2005. Therefore, the condition give any evidence derived from to hold governments of availability of right to inspect a unpublished official records and their instrumentali- document no longer remains a pre- relating to any affair of the state, ties accountable to the condition to get copy of a public except with the permission of the document under the IEA, 1872. head of the department concerned, governed. It is truly re- who shall give or withhold such flected in proviso to sec- The police are custodian of permission as he thinks fit. Section tion 24 of the Act which privileged, confidential and 124 IEA provides that no public provides that informa- unpublished official police records. officer shall be compelled to tion pertaining to the al- It includes file notings, policy disclose communications made to legations of corruption documents, annual confidential him in official confidence, when he and human rights viola- reports and personal records of considers that the public interest tions can be sought. officials, etc. They are also required would suffer by the disclosure. In to maintain records pertaining to Tukaram vs. King Emperor27 the crime and criminals, including court observed that the only ground preparation of dossiers of criminals. sufficient to justify non-production Some records kept in a police station, of an official document marked including the record of surveillance confidential is that the production and dossiers of criminals, are would not be in the public interest. confidential records and thus, For example, where disclosure immune from public scrutiny.26 This would be injurious to national immunity is no more absolute now. defence or to good diplomatic It is subject to review by the Public relations or where the practice of Information Officer and if public keeping a class of document secret interest, in opinion of the Public is necessary for the proper

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functioning of the public service. Subject to this Public Information Officer justifies the disclosure of reservation, the maxim salus populi est suprema lex, such information in public interest. The spirit behind which means the regard for public welfare is highest this provision is to protect personal secrets from public law, is the basis of the provisions contained in section eye. But if these personal secrets affect the individual 123 IEA.28 The issue was decided by a seven judge himself adversely for whose benefit they are intended bench of Supreme Court in SP Gupta vs. UOI.29 This to be kept secret, then, the Principles of Natural Justice case was related to transfer of a High Court Judge. The demand that they should be disclosed to the affected correspondence between the Law Minister and the party on demand. As per a news item in the Tribune31, Chief Justice of India and that between the Chief Justice the Tripura State Information Commission has ended of the High Court and the State Government was the regime of secrecy surrounding the appraisal and required to be produced. It was held that though the the promotion process in government. The Tripura “advice” was protected from judicial scrutiny by virtue Information Commissioners have recognized that the of Article 74 of the Constitution, the material on the very nature of ACRs and DPC recommendations basis of which the advice was formulated was not requires them to be made public. They have argued that protected. the service records of a public servant are maintained for his/her services for the public administration, in It is, therefore, clear that every communication public interest, and, therefore, cannot be described as which proceeds from one officer of the state to another personal information. The Tripura Information officer of the state is not necessarily related to the affairs Commission’s decision is a major step in the direction of the state. It is only such documents, which relate to of ending secrecy in the government. the affairs of the state the disclosure of which would be detrimental to the public interest that came within The police enquire into large number of public the category of unpublished official record relating to complaints regarding inaction on part of police, affairs of state, are entitled to protection under section malicious prosecution and false implication, etc. The 123 IEA.30 enquiry reports of such complaints do not form part of the investigation proceedings and police officers in the Confidentiality of Annual Confidential Report hierarchy dispose of these complaints by passing (ACR), empanelment procedure, proceedings of administrative orders on them, if needed. At times, these Departmental Promotion Committees (DPC)and reports and orders are called for scrutiny by the courts personal service records of civil servants is another at the request of the affected party. Police officers issue which needs clarification. Transparency and fair- generally refuse to provide action taken report on these play demand that the public servant should have the matters to the complainant on the pretext that the right to be informed and represented against any matter enquiry proceedings were internal proceedings and, which, is going to affect his career prospects adversely. therefore, meant only for the consumption of the Any departmental rules or instructions prescribing departmental senior officers. Character verification by secrecy in these matters are hit by the RTI Act 2005. local police is mandatory before issuing passport, Section 8(1)(j) of the Act exempts disclosure of personal driving licence and arms licence to an individual. Police information, which has no relationship to any public verification is also must before offering government activity or interest or which would cause unwarranted job to a person. If a person is denied these privileges invasion of the privacy of the individual unless the and offers on the basis of an adverse police report, he

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should have the right to seek the reasons behind such The Central Information Commission had denial. Such reasons cannot be hidden in the name of interpreted the RTI Act, 2005 to include a citizen’s right secrecy. The RTI Act, 2005 now brings these reports to get copies/inspections of file notings containing and orders open to public scrutiny. advices and opinions, given by civil servants involved in the process of decision making. Government, on the The security and intelligence agencies of the states contrary, wanted to amend the RTI Act, 2005 to the and the centre are exempted from operation of the RTI effect that the right to have access to file noting was Act, 2005. The security and intelligence agencies deal never included in the Act and that it is now willing to with sensitive matters concerning internal security and confer a limited right to have access to file notings with external affairs. Procedure laid down in the Manual of regard to social sector expenditure and projects only Departmental Security Instructions, circulated by the and not with regards to other areas of governance. For Ministry of Home Affairs from time to time, governs the time being, under various pressures, Government the classification of records maintained by the has agreed not to insist on bringing this amendment. departments as top secret, secret, confidential and But the issue needs to be settled once and for all. The restricted32. Collection of strategic information, activists working in the field of Right to Information undertaking under cover operations and running of argue that information, as defined under the RTI Act, national and trans-border operatives are some of the 2005 includes opinions and advices and is, therefore, important functions of these agencies, which should broad enough to cover file notings. File notings are not not concern the general public. Neither is it desirable only important to understand the fairness of the that common man should have interest in these decision, but also the decision making process. If file activities. But when the extended area of operation of notings are not made available to public under right to these agencies fumes of corruption and violation of information, any unfair influence or collateral human rights of individuals, it becomes a matter of considerations in decision making will not be known. concern for the humanity at large. And, rightly so, a Governments are expected to act fairly and rationally. citizen has been given the right to seek information It necessarily follows that all actions must be supported under the RTI Act, 2005 from the security and by reasons. Decisions ought to be in the public interest intelligence agencies on these matters of public and not suffer the vice of arbitrariness. On the other importance and interest. In a democracy, no agency of hand, the apprehensions of the civil servants who are state can be granted absolute immunity from public interested in maintaining the secrecy of file notings also scrutiny. Another area of concern which, perhaps, lost appear to have some merit. They argue that civil sight of the legislature is the role of intelligence servants have been advising the political executive since agencies in security vetting of individuals for it is part of their duty. The prospect of a public gaze on appointment on sensitive assignments, and also in their advice would deter them from taking strong reporting on some other such matters. It is an area of positions on various issues for fear of victimization. If operation of these agencies, which has the potential of bureaucratic notings are to be made public, officials affecting an individual’s prospects adversely. Man is would tend to be non-committal; or at times they would not infallible and, certainly, individuals are required to merely place alternative view points before the decision be protected against the mischief, evil designs, motive making authority for its direction. It is obvious that civil and negligence of the some of the unprincipled servants are uncomfortable with the idea of public operatives working for these agencies. disclosure of file notings.

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The RTI Act is a law of new generation and there period of time in the first few months, before the Act may be some reservation about its provisions in the came into force. In the beginning we started getting 10 beginning, but this is how law has evolved through the appeals and by May we received 700 appeals. In June, ages. Just as judicial review has been a deterrent against alone we had around 500 appeals. Now we have 4000 arbitrary decision making, the prospects of transparency appeals and complaints taken together. and public gaze will certainly compel decision-making authorities to record relevant reasons and to ensure that It clearly shows two things: decisions are fair and appear to be fair.33 Public interest (i) public is opening up to its right to information and in transparency should override the relative discomfort (ii) the mindset of the executive is yet to adopt the Act of civil servants against public disclosure. in letter and spirit.”

Thus, the Right to Information Act, 2005 has left no Policemen must understand that they are an ambiguity on the issue of disclosure of public documents. instrument of law given to protect public life, liberty and The provisions of RTI Act, 2005 have over riding effect property. They have no option but to implement the law on any other law which prescribes secrecy of public of the land ‘as it is’. The policemen are required to change documents. Public documents can be kept out of bound their age old mentality of secrecy and come forward to for a common man only as per the reasons justified in help people discover realities in the field of governance. the RTI Act, 2005 only. The policemen too have to Nobody can deny that it is the responsibility of all understand and learn to respect the norms of the new citizens, including the police, to support any endeavour information regime. for checking corruption and violation of human rights and to ensure justice, equity and fairplay to all. The RTI Conclusions Act seeks to concretize the same.

The Right to Information Act, 2005 is a new It is the legislature which has been given the legislation, designed to start a new administrative culture constitutional duty to frame policies for public welfare in modern India. The Chief Information Commissioner and watch public interest. Therefore, the law enacted by of India, Shri Wajahat Habibullah put the spirit behind the legislature is certainly superior to the notion of public the Act in correct perspective by saying that the Right to interest being reared by the police by maintaining secrecy Information Act was no surrender by the Government to in their functioning. Openness and transparency is the the people. He said the Act had opened a single-window order of the day and police should also subject themselves system where the public could access information that to this order without hesitation. The police should have would help them in their daily life.34 Wajahat Habibullah, no predicament in implementing this law in letter and spirit. at the first anniversary of RTI Act, in an interview to the Mutual faith is the first ingredient for the success of a Indian Express posted online on 15.10.2006 said as relationship. Secrecy always leads to bitter suspicions. The follows: same applies to the relationship between Public and Government, especially Public and Police which claims, “The commission is about to complete a year. Many in a democracy, to be of Public and for the Public. To people feel that it has been a damp squib but I would restore this faith, the Government has tried to bring RTI like to believe that there is a great confidence in the Act 2005, which can definitely be used by police in the commission. The confidence has also increased over a most positive manner to salvage their public image.

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Reference 23. Section 172(3) Criminal Procedure Code, 1973 24. A.N. Mogam Thaka AIR 1967, Manipur 11. 1. Maneka Gandhi v. UOI, AIR 1978 SC 597 25. Published in the Gazette of India, Extras, PE II, Sec (i) dated 2. AIR 1975 SC 2299 18th January 1997 at 734 3. Act No. 19 of 1923 26. Para 23.31 of Punjab Police Rules, 1934- 4. AIR 1982 SC 149 Surveillance records confidential 5. (1985) 1 SCC 641 - All records connected with police surveillance are confidential; 6. (1992) 3 SCC 171 nothing contained in them may be communicated to any person 7. (1974) 4 SCC 428 nor may inspection be allowed or copies given, save as provided in Police Rules. The rights of district and illaqa Magistrates to 8. (2004) 2 SCC 476 examine such records are governed by rules 1.15 and 1.21, and 9. Act No. 22 of 2005. the rules regarding their production in court are contained in Chapter XXVII. 10. Section 4, RTI Act, No. 22 of 2005 11. Section 5, Ibid 27. (1946) Nag 385 12. Section 8(g), Ibid 28. State of Punjab s S.S. Singh, AIR, 1961, SC 493 13. Section 8(h), Ibid 29. AIR 1982 SC 149 14. Proviso to section 8, Ibid 30. Chamar Baghwala v Parpia (1948)52, Bom LR 231 15. Section 20, Ibid. 31. RTI : Tripura Shows the Way, a news item published in The 16. Section 24, Ibid. Tribune, an English daily, Chandigarh dated 29.10.06 at 12 17. Act No. 19 of 1923. 32. Section 2(c), The Public Records Rules, 1997. 18. Section 22 of the RTI Act, 2005 33. Arun Jaitly, 19. Rule 9 of the All India Services (Conduct) Rules, 1968. Right to Information; First principles and sound practice, an 20. Para 11.63 of Punjab Police Rules 1934 article in the Hindu, August 24, 2006. 21. Section 5 of Act No. 19 of 1923 34. ‘RTI Act toothless’, an article published in, The Hindu, an 22. Section 172(2) Code of Criminal Procedure, 1973. English Daily, Delhi, 27 August 2006 at 7.

92 The Indian Police Journal Vol. LIV No. 4, October-December 2007 THE CONSTABULARY EMPOWERMENT ISSUES AND OUTCOME: A CASE STUDY

Hasmukh Patel*

Background effectively. Therefore, this issue needs urgent attention. The British established the police Key Words organization in India with the aim of The police were established in maintaining and expanding empire. 1861 after the revolt of 1857. The Constabulary Its structure has practically remained British were not ready to trust and give Responsibility unchanged, though the country any responsibility to the Indians and, Workforce became independent nation and has therefore, it was a colonial policy not undergone tremendous changes at all to employ the natives on important People levels. It has failed to fulfill the needs position to maintain British control Barrier and aspirations of the people of India. over the administration. That is why Work culture all major powers were retained with The police organisation consists the officers, which consisted of 100 Officers of majority of constabulary whom, % British officers. Shall the same Mindset the founder of the Indian Police- the policy be continued especially, when Motivation British colonial ruler-preferred not it has failed to fulfill the aspirations of to give any work of responsibility. the people of Independent nation? Capacity building The same pattern continued after Training Independence too. They still form Past Village defence Police the majority of the organisation. The Officers same culture of not trusting them and The Police Commission of 1860 not giving them any responsibility recommended that the foot policeman Constabulary too continued. Presently, they form must be paid “something more than empowerment 87 percent of the organisation. the highest rate of wages for the unskilled labour... thus securing the Any police reform would be best and the most respectable of that incomplete untill problems in this class for the police”. Thus, the British segment are addressed. The police wanted best of unskilled labours as performance cannot be improved policemen. unless the constabulary give their best. The poor country like ours The 1902 Indian Police cannot afford to spend on such a huge Commission stated about constabulary workforce unless it contributes that “they should never be themselves *S.P. Bhavnagar, Gujrat.

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entrusted with the investigation of Thus, it emphasizes upon the offences or performance of duties of a performance of duties entrusted by the similarly responsible character..... The superior officers. Also in terms of great principle to be borne in mind is protecting private and public property that duties requiring the exercise of their duties are like the ones presently discretion and judgment should not be performed by the private security entrusted to them.... The duties of guards, as they are physically deployed constable should be of a mechanical to prevent crime and maintain law and character”. order. The provision, in various police manuals, of giving specific written Abstract present instructions to the constables reflects the kind of mistrust the organization The police organisation As per the Gujarat Police Manual, has about the professional capabilities consists of majority of con- “Constable will perform such police of the constables. stabulary whom, the duties as may be ordered to them by founder of the Indian Po- head constables and their superior The Gujarat police manual lice-the British colonial officers to perform for the prevention states about the duties of the head ruler-preferred not to give and detection of crime, the constables that “The Head any work of responsibility. maintenance of order, the Constables are subject to the order The same pattern contin- apprehension of offenders on warrants of the Sub-Inspectors placed over ... the escorting of prisoners, treasure ued after Independence them and to those of the superior of or private or public property of which the police force. They are entitled to too. They still form the ma- they may be placed in charge..... the obedience of all police jority of the organisation. Routine patrol duties may not be subordinate to them within the limits The same culture of not carried out by constables. A constable of the charge that may be assigned trusting and not giving is not to be used for rambling round to to them... They must report to their them any responsibility pick up information by chance in Sub-Inspectors all crime within their too continued. Presently villages. When he is used for any duty charges and any probability that they form 87 percent of coming in the sphere of a beat man, cognizable offences is about to be the organisation. his instructions must be specific, e.g. committed, but must not wait for “To, orders before proceeding to make Constable A, B. necessary inquiries for the discovery and apprehension of offenders.... In You are hereby informed that “F” prevention of crime and in was last heard of as being at village maintenance of order, they will obey “X” Proceed here and report:- such orders as their superior officers (a) if he is still there; may give.... Head constables are the (b) if so, how he earns his assistants of the Sub Inspector and livelihood; and should assist him in drilling and (c) If he is not there, where he has instructing the men and in patrolling gone.” the posts frequently.”

94 The Indian Police Journal Vol. LIV No. 4, October-December 2007 The Constabulary Empowerment Issues and Outcome: A Case Study

The duties of head constables are full sir”.... I believe one has to treat bit different from constables in the humans like intelligent beings and sense that they can hold independent not brainless animals. Give them charge, make inquiries, etc. But the authority and responsibility and same language of supervision and watch them to perform” obedience of order reflects the mentality of colonial ruler who Ashwini Kakkar, the MD and started police force immediately after CEO of Thomas Cook India says: the Revolt of 1857, and was always “The two values that excite me are worried about their loyalty. integrity and empowerment..... I try to hire the best people. Then they are put Any police reform would Shall this change? To find on a familiarisation programme to be incomplete until answer to this question, let us see understand the nitty-gritty of their problems in this segment beyond the police organisation. current role. Then after, I leave them are addressed. The poor What the corporate leaders say about to do their job. I don’t interfere at all.... country like ours cannot their people? We utilize their heads. While I was at afford to spend on such Philips, a person retired after working a huge workforce unless Beyond Police for Philips for forty two years.... The it contributes effectively. gentleman in his farewell speech cried Peter Mukerjea, the CEO of Star saying: ‘This Company has paid me Therefore, this issue India, says: “I try to hire the best people for forty two years for the use of hands needs urgent attention. I can- people better than myself. This but forgot I had a brain. I could have In this paper the views of is because you cannot deliver a superb taught them so much’. I have never some of the corporate product unless you have superb forgotten this.” leaders about the role of people. I believe if you can get people the people are dis- who are committed, passionate and This is what is going on around cussed. The barriers to with a high level of energy, you are us, outside the khaki uniform. Can not the constabulary em- well on the way to success.” this make us think? The police can powerment and solutions not work with the same mentality the Prem Mehta, the Chairman, MD colonial ruler had. The organisation to the issue are discussed and CEO of Lintas, says: “I think that does not believe in the in details. genuine caring for people and capabilities of 87% of the members promoting their strengths, without cannot perform. Then why do not we rejecting them for their weaknesses, change? Let us examine that. goes a long way in building a business.” Barriers (1) Mental barrier Ranjan Kapur, the Country Manager of WPP group, says: “I get The problem lies here with the put off by people who have a habit police leadership and the political of saying “Yes Sir, No sir, three bags leadership. The leadership have not

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been able to change the colonial may be due to historical reasons too. mindset as far as the capabilities of The police during the colonial period the constabulary is concerned. had a major function of maintaining law and order amidst the public The police organisation follows opposition of the ruler. They had the rigid line of hierarchy. Its effective major role of dealing with freedom functioning depends on following struggle. Even now, there are major the commands of the superiors in the security arrangements during fares hierarchy. There is a belief within the and festivals, procession and public organisation that the empowered meetings. The safest way in such Various initiatives taken in constabulary will not obey the condition is to deploy police Bhavnagar district in last instructions of the superiors. personnel, though there are better two years in this area and cost-effective means available if have been discussed. (2) Selection of right kind of people thought innovatively.

The police organisations in India (b) Too much reliance on officers select SSC pass candidates as police constables, though there is a large Due to lack of trust in the ability number of better qualified people of the constabulary, there is a work who are available. culture of relying too much on officers. It is expected that many (3) Training Problems functions like investigation, security arrangements, etc should be The police training in India is too performed by officers personally. much skewed towards physical aspect. This needs to be changed. It has It is lacking in development of following disadvantages: professional skills, including the behavioural and interpersonal a. It leads to too much work load competencies. The lack of professional on officers. skills is a major hindrance in empowering police personnel as they b. The officers are engaged too are neither capable nor willing to take much in unimportant work. responsibility. c. They are unable to perform their leadership functions. (4) Work culture d. Due to lack of proper leadership (a) Too much reliance on physical to the constabulary their deployment productivity is very low.

The police organisation in India e. Due to lack of delegation, the have the work culture of relying too constabulary does not develop. much on physical deployment. This f. When they are promoted as

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officers they perform very poorly. They become dynamic nature of the environment also demands educated burden on the organisation. police personnel as they are in a better position to learn to g. The constabulary is underutilised in terms of real respond to the ever changing environment. delivery of police service of providing safety and security to the people. Their job demands on the spot independent decisions. Therefore, they need to be professionally competent. Solution Policing is a highly technical as well as human job. It requires technical knowledge as well as interpersonal The solution lies in overcoming the above barriers. competence. Moreover, these skills and knowledge need First of all, the organisation needs to change the mindset to be constantly updated. That is possible only with police of its leadership. It is also the responsibility of the top personnel with a reasonable level of conventional police leadership to convince the political leadership education and effective induction training. The training about the urgency of such needed change. The mindset should be able to inculcate learning attitude and aptitude. of the police leadership is much more responsible than the political leadership, as the later does not have much The present work culture of preventing crime through knowledge of the functioning of the police. The fact that physical deployment is unable to prevent crime effectively, not much efforts in this direction have been made by the as it is not possible to deploy police personnel at all the police leadership too proves this point. places all the time. It also brings down the status of the constabulary within the organisation and the society. This The efforts of changing the mindset of the police further erodes the efficiency of the police personnel in leadership should start in the training institutes. It is high particular and the organisation in general. time that top police leaders seriously deliberate on this issue and decide the strategy. This should become an This issue needs to be addressed urgently and important training input in the induction training as well effectively, if the performance of the police organisation as other in service training courses. is to be improved.

If some of the chief ministers of the states pronounce (1) Motivation by changing the status, designation and themselves as the CEO of the state, why police the nomenclature organisation hesitate in incorporating some of the good features of the corporate world? Of course, the police Due to historical reasons, the police force is divided need to make necessary changes regarding the nature of into two parts, the officers and the nonofficers or policemen. their job and the nature of the organisation. The low status of the constabulary within the organisation and outside is one important reason for their low The British chose to select police personnel from the productivity. Presently, they are expected to prevent crime lot of unskilled labourers in the backdrop of their and maintain order through their physical presence, but they experience with the Indians in the British army during the are not accepted as the effective enforcer of law leading to Revolt of 1857. In those days, they could not have found prevention of crime and maintenance of law and order. reasonably educated persons to be recruited in the police. As the expectation from the police and the challenges it In Bhavnagar District, the members of this segment faces have changed in modern times, it is very essential to that is conventionally known as constabulary are addressed recruit reasonably qualified persons as the constables. The as officers. They sit along with senior officers in public

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meetings. They chair the meeting of the Gram Suraksha knowledge is very essential. A special competence Samitis (the village defence committees). They conduct development training programme was initiated for imparting awareness programmes for the people. They are them professional knowledge, including interpersonal and encouraged to attend public functions. They are felicitated behavioural competencies. They were also trained to change by senior police officers in public for their good works. their mindset. They were trained to believe in themselves. They are felicitated by the members of the community They are made to understand that only designation change who are benefited by their work. These felicitations are is not going to change their status in the society and the properly projected through media releases. organisation unless they behaved like officers. They are motivated to enhance their performance and confidence (2) Capacity building through assigning additional through acquisition of knowledge and skills. responsibility (4) Training of officers for changing mindset The Section 2(4) of the Bombay Police Act states that a “constable is a police officer of the lowest grade”. The officers of the rank of Sub-Inspector and above The Criminal Procedure Code Section 2(h) states that are trained to change their mindset to believe in the “investigation” includes all the proceedings under the competence and the status of the constables. code for the collection of evidence conducted by a police officers or by any person (other than a magistrate) who (5) Appointment as Village Defence Police Officers is authorised by a magistrate in this behalf. Thus, these two acts prescribe no bar on assigning additional The members of the constabulary are appointed as responsibility to the constabulary. Village Defence Police Officers (VDPO). Every village has one VDPO. This gives them jurisdiction to perform. They In Bhavnagar district, they are assigned following perform all the police function like service of summons additional responsibilities: and warrants, preventive actions, community policing and awareness, arrest of absconders, checking of history sheeters a. Investigation of all applications regarding breach of etc, relating to that village except major investigations. peace. b. The cases of preventive action under CrPC 107, Conclusions 116(3). c. The investigation of GD entries, that is, non-criminal The issue of constabulary empowerment is much matters like accidental injuries, etc. discussed topic for the contemporary police in India. But it d. Service of warrants except the warrants under section is unfortunate that not much progress has been made so far. 94, 95 of the CrPC. In Bhavnagar, as elsewhere, it is an urgent need. An experiment was initiated a couple of months ago. Such a (3) Training and capacity building long standing issue requires lot of time to get desired results, but the experience in Bhavnagar so far is encouraging. It The training and capacity building of the constables is has led to improved initiative, morale, motivation, a must for any empowerment initiative to succeed, as they confidence, knowledge, skills, behaviour with public, self would not be willing to take responsiblity if they are capable belief, etc in the constabulary. The efforts are continued and confident of taking responsibility. For undertaking any and being followed up for realising the full impact. responsible job, the competence and the professional

98 The Indian Police Journal Vol. LIV No. 4, October-December 2007 FROM THE DESK OF DIRECTOR (R&D), BPR&D

(CORRECTIONAL ADMINISTRATION DIVISION) PRISON AND LAW IN INDIA R.C. Arora, IPS

The institution of Prison acts as custodian for the citizens coming in conflict with law during the period of their incarceration. Thus the prisons give legal effect to the labours of the investigative, prosecution and adjudicatory functions performed by the Police, Prosecution and the Courts respectively. However, today the prison as an institution is said to be in a state of crisis. Complaints about sub-human physical conditions, contamination, overcrowding, lack of sensitivity to human values, weak motivation and instances of corruption amongst the prison functionaries are frequently heard against them. The main reason for such a state of affairs is: First, low priority accorded to the Prisons at different levels of civil administration and social apathy. Second, the lack of transparency and visibility of the Prison system in public eyes and third is the inadequate training and orientation of the Prison officials in the modern day philosophy underlying the very phenomenon of imprisonment. In a society governed by the Rule of Law, the prisons, like other wings of the criminal justice system, function within the legal framework of the Constitutional and Municipal laws that comprise mainly of the Constitution of India, the Prison Act 1894, Prisoners Act 1900, Laws related to Preventive Detention, Probation of Offenders Act, 1959, Furlogh and Parole Rules the State Prison Manuals, the Code of Criminal procedure, Code of Criminal Procedure 1973, the Indian Penal Code, 1860, the Protection of Human Rights Act, 1993, etc. Though the wide range of statutory laws constitute normative basis for the Prison functions, but at the actual functional level often doubt and controversies arise regarding the ambit and interpretations of the statutory rules, thereby calling for frequent adjudications by the courts. Time and again, Guiding Principles have been formulated under the aegis of United nations. The Hon’be Supreme Court and various High Courts of States have also issued many guidelines regarding reform in the light of modern correctional philosophy and the human rights initiatives in the management of prisons. As per Article 246 of the Constitution of India, the subject ‘Prisons’ have been included in the State List (List II) to its Seventh Schedule. Accordingly, the State Governments and State Legislature are competent to manage their prisons based on modern correctional philosophy. As per the official data available for the year 2005, 3,58,368 prisoners are confined in 1328 different kind of prisons throughout the country against the authorized capacity of 2,46,497 prisons which amounts to 45.4% of overcrowding in Indian prisons. On the other hand, the rate of imprisonment in India 30 prisoners per one lakh population which is one of the lowest in the world as compared to the USA (737); Russia (613); Singapore (350); South Africa (334); UAE (288); Iran (214); UK (148); Australia (126); China (118); Canada (107); Germany (94); Japan (62) and Pakistan (57). The prisons had a strength of 39,762 prison officials to take care of 3,58,368 inmates which amounts to one prison officials for 9 prisons which is well below the expected norms to ensure the effective management of prisons. The prison staff require basic and in-service training at the state, regional and national level.

The Indian Police Journal Vol. LIV No. 4, October-December 2007 99 From The Desk of Director (R&D)

The Ministry of Home Affairs (MHA), Govt. of India has taken some notable initiatives to provide impetus in infrastructural upgradation of prisons to make prison management more effective. In this direction, the Ministry of Home Affairs set up a Correctional Administration Division in Bureau of Police Research and Development in 1995. This Division has been given some responsibilities which are as follow: (1) Study and analysis of general problems related to Prison Administration and Prison Statistics. (2) To collect information related to Correctional Administration and hand over these to states. (3) To prepare guidelines on advice of State Govt. for this field after co-ordinating regional correction administration and other research institutes. (4) To review the training module of Prison staff/officers and make it in tune with changing social scenario. (5) To prepare training module / syllabus for different level of prison staff/employees and prepare related publications and report, etc. There is a need of adequate resources to execute such an important array of responsibilities successfully and efficiently. Despite the resource constraint, Bureau of Police Resource & Development has contributed significantly in this regard. Periodical review of this scheme by the MHA and BPR&D revealed that the benefit of Modernization Scheme shall remain incomplete for the field functionaries of our prisons and prisoners, if they are not sensitized regularly as to the legal framework of the prison administration and the directions issued by the Hon’ble Supreme Court and various High Courts in the country from time for compliance therewith in their day to day work. It was, therefore, felt that BPR&D, being the nodal agency at the national level under MHA should bring out a comprehensive document on this subject at the earliest. The challenge was accepted by the Correctional Administration Division of BPR&D, headed by the Director (R&D) despite serious resource constraints. Well-researched material in the trend setting rulings given by the Constitutional Courts of the Country was prepared. A team led by Dr. B. V. Trivedi, Assistant Director, Correctional Administration Division, BPR&D and assisted by Dr.(Ms) Rita Tiwari, Statistical Assistant with Division under the leadership of Director(R&D) BPR&D undertook this work. The document was published as Prison and Law in India. This document has been divided into four parts. The first Part deals with statistical details of prisons/ prisons in India till 1.1.2006. In Part II Legal framework of Prisons has been discussed. Different rules and regulations have been dealt with in this section. The Part-III mentions important rulings given by Hon’ble Supreme Court and High Courts on prisons. The Part-IV sums up different rulings and Judgments delivered by Hon’ble Supreme Court on Prisons. This collection has been termed as easily available Reference document and has become an important paper on prison and related matters. It has been uploaded on our website www.bprd.gov.in so that it could be easily available to all concerned.

100 The Indian Police Journal Vol. LIV No. 4, October-December 2007 Indian Police Journal Vol. LIV No. 4, October-December 2007 Published by the Bureau of Police Research & Development, Ministry of Home Affairs, Government of India, New Delhi and Printed at Aravali Printers & Publishers (P) Ltd., Okhla Industrial Area, Phase-II, New Delhi - 110 020