Academy Journal VOLUME 59 NO 1

COMMUNITY POLICING: CONCEPTS AND ELEMENTS 3 Sanker Sen, IPS (Retd.) Former Director NPA & Former DG, NHRC.

COMMUNITY POLICING: A CASE STUDY 8 Hasmukh Patel, IPS, SP (Vigilance), Office of the DG & IGP, Gujarat State, Police Bhavan, Sector-18, Gandhinagar-382018.

ATTITUDINAL FACTORS LEADING TO THE UPSURGE OF NAXALISM 13 Dr. B Maria Kumar, IPS, IG of Police, Rewa Zone, MP.

CALCULUS OF COMBAT AGAINST LWE 16 Giridhari Nayak, IGP, Special Intelligence Branch & Naxal Operation, PHQ, Chattisgarh, Raipur.

UNDERSTANDING INDIA 21 Balmiki Prasad Singh, National Gandhi Fellow & Former Union Home Secretary, New Delhi.

RIGHT TO INFORMATION AND FREEDOM OF SPEECH 29 Romen Kumar Singh, IPS Addl, DGP, Int.

VICTIMS OF GENDER BASED CRIMES IN INDIA - A VICTIMOLOGICAL 36 PERSPECTIVE S Ramdoss, Lecturer, Department of Criminology, University of Madras.

VICTIMIZATION OF CHILDREN WITH SPECIAL REFERENCE TO 41 CHILD PROSTITUTION IN INDIA S M Mahendra Simha Karna & S Ramdoss, UGC-Sr. Research Fellow, Department of Criminology, University of Madras.

DETECTION OF DECEPTION THROUGH SCIENTIFIC METHODS- 49 POLYGRAPHY, NARCO-ANALYSIS AND BRAIN FINGER PRINTING- THEIR VALIDITY AND LEGAL ACCEPTABILITY Swapneshwar Goutam and M P Goutam, Director, State Forensic Science Laboratory, Near Police Lines, Tikrapara, Raipur, Chattisgarh.

OPERATION AMAN 63 (A CRPF initiative on bridging the gap with people of J & K) A P Maheshwari, IPS IG (Operations), DTE General, CRPF, CGO Complex, Lodhi Road, New Delhi-110003.

STRESS MANAGEMENT IN INTERNAL SECURITY FORCES-SEARCH 68 FOR NEW WINDOWS A P Maheshwari, IPS IG (Operations), DTE General, CRPF, CGO Complex, Lodhi Road, New Delhi-110003.

THE NATIONAL POLICE ACADEMY - A GLIMPSE 71 Anupam Saxena, IPS, Asst.Director, SVP NPA, Hyderabad. Academy Journal 2 COMMUNITY POLICING: CONCEPTS AND ELEMENTS

Sanker Sen

Today community policing has support policing services and they become the buzzword of law enforcement should have a voice in deciding how across the world. It has been practiced police services should be carried out in in many forms and with different results the community.1 Community policing, in various countries of the world. John indeed is a reorientation of policing Angell (1971) coined the term philosophy and strategy away from the “democratic policing” to describe view that police alone can reduce crime, community policing. He called for a disorder and fear. Police reliance on change where citizens have a voice in random preventive patrolling, post- deciding how police services should be incident investigations to identify and carried out in the community. After all, it arrest offenders, and other reactive is the citizens who pay taxes that criminal justice system tactics do not

1 John E. Angell, “Toward an Alternative to the Classic Police Organisational Arrangement: A Demographic model, Criminology, 8 (1971) pp. 185-206 in Quint Thurman, Jihong Zhao and Andrew L. Giacomazzi, Community Policing in a Community Era: An Introduction and Exploration, Roxbury Publishing Company, Los Angeles, California, 2001, p.7

3 Jan - Dec 2007 go far in controlling crime and disorder. to themselves social servicing functions participate in the planning and Community policing implies a basic carried out by other communities and supervision of police operations. The change in the conception of the role of organizations, but they attend to non- police officer plays a role of both as an the police in society. It refers to criminal problems and are prepared to expert and an educator without forcing arrangements of policing that accord a assist in constructing solutions, either the expert opinion on the residents. The significant role to the community in with an organizational response or a citizens provide inputs into defining the defining and guiding policing in their referral service”3 problems to be solved, in planning and locality. implementing the problem-solving Although the community policing activities and determining if their felt is first and foremost a crime prevention BASIC ELEMENTS OF needs have been met. Indeed, at the effort, it does not mean cessation of COMMUNITY POLICING heart of the community-based policing police efforts to detect crime and arrest is the recognition that police are much The key elements of community and prosecute offenders. Core functions more than mere crime fighters and can policing include: of the police remain unaltered. On the be useful public servants in other ways. other hand, successful community The end goal is the creation of a 1. Community based crime policing can improve and enhance other professional, representative, responsive prevention; police operations by increasing and accountable institution that works 2. Practice servicing as opposed community’s cooperation with the in partnership with the public.5 to emergency response; police. In community policing initiatives, 3. Shifting of command Community policing also involves building up of partnership between the responsibility to lower rank devolution of command responsibility. police and the community is the major levels; and Community policing, if successfully challenge. The assumption that public carried out, should transform the are keen to develop partnership with 4. Public participation in the responsibilities of all ranks – police is often not correct. There is planning and supervision of subordinate ranks become more self- invariably community’s skepticism that police operations.2 directing, senior ranks are to encourage the police are not serious and indulging Community based crime disciplined initiatives by junior officers. in some sort of public relations prevention involves encouraging and Skolinck and Bayley refer to the need gimmicks. There is also fear of the public facilitating efforts by the public to take for a new breed of officer as well as a that they may have to face reprisals from preventive and proactive measures on new command ethos: “In addition to the criminals if they closely cooperate their own behalf. It grows out of the their traditional duties, community police with the police. To win public support, realization that the first line of defence constables and patrol officers must be the police will have to convincingly against crime is not the police, but able to organize community groups, demonstrate that they really seek potential victims. There is the prevailing suggest solutions to neighbourhood community’s help in combating crime assumption that citizens can also play problems, enlist the cooperation of and disorder. an important role in preventing, people who are fearful or resentful, participate intelligently in command detecting, and reporting criminal CONCEPT OF COMMUNITY behaviour. Reorientation of patrol conferences, and speak with poise 4 activities to render non-emergency before public audiences.” The community for which the services is another important element of patrol officers are given responsibility community policing. It does not mean, Community policing further gives is usually a small, well-defined as David Bayley says, “police arrogate an opportunity to the public to geographical area or a beat. The

2. D.H. Bayley, (1988), “Community Policing: A Report from the Devil’s Advocate, in J.R. Greene and S.D. Mastrofski, Praeger Publishers, New York, p. 226 in Julia Vernon and SandraMcKillop (eds.) The Police and the Community in the 1990s, Canberra: Australian Institute of Criminology, p.17 3. Bayley, D.H. (1986), NPRU Review, vol.2, no.2, p.5 in Ibid, p.18 4. Skolnck, J.H. and Bayley, D.H. (1986) The New Blue Line: Police Innovation in Six American Cities, The Free Press, New York, p.4 in Ibid, p.19. 5. L. Lindholt, P. De Mesquita Neto, D. Titus, and E. Alemika, “Human Rights and the Police in Transitional countries”, (Leiden: Brill Academic Pub, 2003, p.22 in Hesta Groenewald and Gordon Peake, “Police Reform Through Community – Based Policing: Philosophy and Guidelines for Implementation”, International Peace Academy, September 2004, New York, p.4.

Academy Journal 4 community will comprise diverse order and security can be successfully establishing clear chain of command and cultures, values and concerns, handled by police officers, their insulating the police from outside particularly in urban areas. It is also a supervisors and members of the pressures and influence. fact that demands on police for community. For example, arrangements safeguarding one community’s interests for better lighting will reduce instances A key element of the bureaucratic can sometimes clash with another of petty crimes like house thefts. model was the insulation of the police community’s interest. This calls for Community policing thus puts greater from political influence. Though the negotiating skills and suitable emphasis on attacking the underlying strategy reduced political control of the organizational efforts on the part of the causes of crime by addressing them at police and improved quality and training police. The fact has to be kept in mind the grassroot level. These alternative of the police, it also had the effect of that conflicts within the community are measures will require a wide range of isolating the police from the community. as important as their commonalities. support from the community. Contact between police and community Police, in order to function successfully, became limited. It was becoming clear have to develop a good relationship with The first step in problem-oriented from 1960s that bureaucratic model was all elements of the community and it will policing is to move beyond mere not preventing crime particularly in the centre around the fundamental issues handling of the incidents and to inner cities and technological advances of public safety and quality of life. The recognize that incidents are more often were distancing police from the effective mobilization of community the overt symptoms of substantive community and the police were spending support requires different approaches in problems underlying the complex life more and more time in fast-moving cars different communities. Establishing patterns of the community. Community and high tech equipments. However, trust and obtaining cooperation is often partnership will provide police with Police crime prevention strategies also easier in affluent middle class invaluable insights and inputs and the exacerbated tension between the police communities, than in poorer communities police will have to understand the nature and minority communities. There were where there is longstanding mistrust of of problems as a basis for a critical review often accusations from the latter the police. Further, alliance within the of police agencies’ response instead of regarding abusive behaviour, misuse of community should not be limited to limiting enquiries to narrower authority of the police. The only some particular incidents or confined to operational goals. Problem solving with solution bureaucratic model offered to a time-frame. It has to be an enduring active support and cooperation of the rising crimes was to hire more police partnership between the police and the community further helps to develop the personnel and go for more expensive community in the quest for peace and leadership qualities of patrol officer and technology. Community policing offered justice. The police will have to enhances his job satisfaction. more cost-effective, customer-oriented appreciate that people matter and it must crime-preventive approaches. empathize with needs, desires and EVOLUTION OF COMMUNITY The professional era also dreams of society. POLICING witnessed strengthening of the police In later 1970s and early 1980s, subculture. A subculture is comprised PROBLEM SOLVING police services in England, Japan, of the symbols, values and beliefs of Problem-solving is another Germany, Canada, Singapore were members of a group in a larger society. important component of community experimenting alternatives to The new professionalism of the police policing philosophy. It means more than professional bureaucratic model of created a subculture setting it apart from mere prevention of crime. It is based on policing that was widening the gulf the citizens it served and hampered an assumption that crime and disorder between civilians and police officials. In police – community relations. Samuel can be reduced in an area by studying USA, to end police corruption and Walker in his book “Popular Justice” the characteristics of problems to deal brutality, there was emphasis upon the very aptly said that “a half century of with them. Community participation in professionalisation of police over a professionalisation had created identifying problem and setting period spanning from 1930s to 1950s. departments that were vast priorities will be of help to the Reforms focused on strengthening of bureaucracies, inward-looking, isolated community and police. Indeed, many command, control and police from the public, and defensive in the face problems in the community concerning arrangement. There was emphasis upon of any criticism”.6

6 . Samuel Walker, Popular Justice, (New York: Oxford University Press, 1980), p. 52 in Quint Thurman, Jihong Zhao and Andrew L. Giacomazzi (eds.), Community Policing in a Community Era: An Introduction and Exploration, Roxbury Publishing Company, Los Angeles, California, 2001, p.35

5 Jan - Dec 2007 Like most reform movements, raised similar questions of the value of change of procedures but also a long- community policing in the USA had its standardized operational procedures in term reform process that seeks to change origin in the frustration of an earlier era. which the professional model pinned the institutional culture of the police. Crime including violent crimes and drug great faith. Eck and Spelman further crimes had risen substantially through summarized the major findings of these There is also public apprehension the mid 1960s to 1980s, particularly in studies as follows; first, the Kansas City that the police may become too soft on American cities. Municipal governments Preventive Patrol experiments crime and lose the ability to control responsible for the policing in US, were questioned the usefulness of random violence in the community. David Bayley facing increasing loss of substantial patrolling in cars. Studies of response poses the question, “can the police put revenues. Private policing was time undermined the premise that the on a velvet glove and keep their iron overtaking public policing to respond police should rapidly send officers to hand in shape”?8 The public may feel to various crimes. all calls. Third, the public do not always that if police become poor crime expect the fast response of police to non- fighters, they may prove to be The professional model was also emergency calls. In short, most serious ineffective crime preventers. Again faulted on its failure to provide equitable crimes were unaffected by the standard community policing which seeks to and impartial policing to all sections of police action designed to control them.7 build strong ties between the police the citizens, particularly to the minority and the community may adversely communities. Black complaints of police Further, community policing in increase the power of the police in misbehaviour and inadequacy of police USA involved a partnership not only comparison to other government service, civil rights and anti-war between police and citizens but also agencies. There is likelihood that movements also challenged the police. between police and social science other government agencies may Thus, despite success in 1950s, it workers. University scholars as well as resent the increasing power of the became clear that professional model of independent Research Institutes have police department. There is also the policing was not suited to face the been intimately involved in the early possibility that community policing changing conditions in 1960s and 1970s, development of community policing may lessen the protection given to resulting from massive migration of programmes, their evaluation and their unpopular groups such as the communities in the cities, movements for refinement. This partnership was vagrants and homeless and may even civil rights, increase of crime and fear, crystallized in the Executive Session on lead to vigilantism. So before adopting breakdown of informal social control policing convened by Harvard Kennedy community policing as a mission, mechanisms all over the country. School of Governance from 1984 to 1988. police must as Bayley insists, “should Many of the papers produced from these know the potential hazards and avoid RESEARCH STUDIES meetings were jointly written by them”. Another paradox noted by scholars and police chiefs. Indeed, many scholars and practitioners of Perceptive police officers also of the principles of community policing community policing is that often well- carried out a number of field appealed more to the academics than to organized and cohesive community experiments. One such study police officers. needs community policing least, and questioned the value of random patrol it is there community policing practices propagated by professional model and Some potential pitfalls are also are easiest to implement. One of the also revealed that isolation of the police associated with community policing. The common criticisms of the community officers in patrol cars created a cleavage most serious impediment to community policing programme is that they do not between the police and community. policing programmes is often police make police more responsive to the These studies and surveys are the resistance. This spawns from police community rather they increase the milestones in the development of new resistance to innovative change and police control over the community. police strategies and known as Kansas practices and fear of threat to police City Preventive Patrol experiments. autonomy. There is also fear that it may However, the problem is the lack Several other research experiments politicize public security functions. of vision on the part of the police conducted during the 1972s and 1982 Community policing implies not only executives who feel that their authority

7. Eck, J.E., and Spelman, W. (1987), Problem-solving: Problem Oriented Policing in Newport News, Washington, D.C.: Police Executive Research Forum

8. David H. Bayley, “Community Policing: A Report from the Devil’s Advocate”, in Community Policing: Rhetoric or Reality, ed. Jack R. Greene and Stephen D. Mastrofski, 126-237, New York: Praeger Publishers, 1991, p. 228

Academy Journal 6 will be weakened by allowing the field officer as the most important agent for operate”. 10 Wycoff while strongly officers a great deal of discretion. police work”. 9 Indeed, community advocating community policing cites Another challenge, noted by Sadd and policing offers a realistic approach to Peel’s 1829 statement and says that the Grinc, that special units where reducing violence and crime and offers police are the “only members of the established for community policing were a vision for effective policing. public that are paid to give full-time viewed by some as elitism. “The attention to every citizen in the interest perception of elitism is ironic because Bayley cautions that “community of the community welfare and existence. community policing is meant to bridge policing does not represent a small, What we may be seeing is not a new the gap between patrol and special units technical shift in policing; it is a concept under the sun but rather a new and to empower the rank-and-file police paradigmatic change in the way police sunrise on a fine old concept.11

We may scatter the seeds of courtesy and kindness about us at little expense. Some of them will fall on good ground, and grow up into benevolence i n the minds of others, and all of them will bear fruit of happiness in the bosom whence they spring. once blest are all the virtues; twice blest, sometimes.

Bentham

9 Susan Sadd and Randolph M. Grinc, Implementation Challenges in Community Policing: Innovative Neighbourhood-Oriented Policing in Eight Cities, Washington, D.C., National Institute of Justice Bureau in Brief, February 1996, pp. 1-2

10 David H. Bayley, “Community Policing: A Report from the Devil’s Advocate”, in Community Policing: Rhetroic or Reality, ed. Jack R. Greene and Stephen D. Matrosfski, 103-20, New York, Prager Publishers, 1991, p. 120.

11 Mary Ann Wycoff, “The Benefits to Community Policing: Evidence and Conjecture”, in Community Policing: Rhetoric or Reality ed. Jack R. Greene and Stephen D. Mastrofski, 103-20, New York, Prager Publishers, 1991, p. 120

7 Jan - Dec 2007 COMMUNITY POLICING: A CASE STUDY

Hasmukh Patel

INTRODUCTION Thus community policing can be defined as a proactive policing approach Traditionally policing is like fire where police and people work together fighting. Police take action after to ensure safety and security of the something happens. It is reactive rather citizens. than proactive. This reactive police model has failed in fulfilling the needs Police in country like India is scarce and aspiration of the people. of resources. With the help of community policing these resources can It is said that every citizen is a be augmented. It is not simply question policeman without uniform and every of resources. In western developed policeman is a citizen in uniform. This is countries, where resources are not that the main philosophy of community of a problem, community policing is policing. It is a philosophy of bringing considered to be a must as no police out policeman out of citizen and citizen organisation can work without out of policeman. It is going closer to involvement of the community. After all, the people for involving them in criminals come from the community, ensuring their own security. operate in the community and affect the

Academy Journal 8 community. How can police succeed 5) The organisational culture of was not enough. Only intention to without the involvement of the neglecting people. behave well is not enough. The police community? personnel need skills about how to THE BHAVNAGAR EXPERIMENT behave in different situations. A detailed BARRIERS TO COMMUNITY AND EXPERIENCE training programme was designed and all the police personnel were trained. POLICING IN INDIA Bhavnagar police, like any other As stated above, the main element police organisation, was facing the b) Reward for good behaviour of community policing is involving problem lack of public trust and poor community in their own security. But it police image among the people. In 2005, In police, good work like catching is easier said than done. It requires a a community policing initiative was criminal, solving crime, etc, is rewarded. whole gamut of activities that ultimately introduced step by step addressing Bad behaviour is punished at times. But lead to the ultimate aim of safe all the barriers discussed above. good behaviour is never appreciated community through people’s though it is not common. The reward partnership. The salient features of the initiative system was changed to appreciate and are discussed below: reward good behaviour publicly. This It requires various measures within motivated police personnel to behave and outside organization. First of all the 1. Change in organisational well with the citizens. organisation should be ready to accept culture: this philosophy. It is not going to end 3. Saptahik Karyadakshata there. Looking to the police image in In India the police officers as well Karyakarm India, even if the police organisation is as people believe that law and order is ready to partner with people, people are maintained due to police fear in the It is a weekly programme covering not going to accept it easily. Thus it society. This is a wrong logic. Actually, knowledge management, public becomes a very complex issue requiring police fear among the common man in relations and training and development radical initiatives at various levels. These the society is a major malady of Indian aspect. Besides other aspects, it has are some of the barriers to community society. The criminal should fear police following two important community policing that need to be addressed in and not the common man. Rather, he policing aspects: any community policing initiative. should look up to police for help and should extend help to the police in a) Felicitations of the citizen by 1) The non-registration of performance of their duties. If this District SP complaint resulting in poor happens, criminals will fear police. police image. Presently what happens, due to public In this programme the District SP 2) Poor police behaviour leading apathy, police don’t get information felicitates the those citizens who have to poor police image. about criminals and so criminals get free played role in ensuring community ground to operate. security like giving information to the 3) The belief within and outside police about the crimes and criminals, organisation that order in the The change in this belief within and helping accident victims, acting as society is maintained due to outside organisation required panch witness, etc. Normally people police fear. This fear is a major considerable effort. It has become part avoid coming in contact with police. stumbling block in bringing of the training for all police training They even avoid helping accident people closer to the police. This courses. The people are also addressed victims, lest they have to give closeness is a prerequisite for on this issue at various forums. The statement before police. This initiative any community policing media is also being effectively used for helped to a great extent in changing initiative. this purpose. this mind set. 4) The organisational culture of secrecy and confidentiality is 2. Behavioural Change: b) Felicitation of police personnel by another barrier. Such a culture a) Behavioural Change Training: District SP obviously can’t see any role for the people. It is true that police Police behaviour with citizens is Every week the District SP can’t disclose all the wanting. This is another obstacle in felicitates those police personnel who information to the people. But police-people partnership. All the police have exceptionally behaved well with or it is equally true that all the officers were clearly instructed to helped people. This motivates others information is not confidential. behave well with the people. But this too repeat the behaviour.

9 Jan - Dec 2007 c) Felicitation of police personnel by information. This helped in improving discuss their problems. It is a forum for the people public trust in police. This became a consultation and need assessment. This major source of information for police. forum was effectively used to improve The members of the community They no longer have to depend on police performance with the help of also felicitate police personnel who have professional and paid informers. People community cooperation. helped them or impressed up on them didn’t hesitate in giving information through their behaviour. This shows all about suspected terrorist activities. Lok Darbars are held on various the police personnel present in the occasions like Navratri celebrations, programme that through their action and The same system was extended etc to take citizen’s suggestions to behaviour how they can touch the heart successfully to information on email. make security arrangements. Lok of the people. Darbar with various stake holders is 6. Concern for the People another innovation. The Lok Darbars This programme has succeeded to Police have been showing extra- with auto rickshaw drivers for bringing a great extent in changing police ordinary concern for the people. The so about change in traffic arrangement, behaviour and consequently bringing called minor regulations like use of loud with college students and teachers for police and community together, an speakers beyond time limits, obstruction getting suggestions for improving essential prerequisite for any community to the road, feeding cows on the road campus security, with transporters, policing initiative to succeed. and consequent cow menace to the road taxi drivers, hotel owners, coastal users, nuisance of street kite flyers to villagers etc about how they can help 4. Free registration of complaints the common man, collection of money in fighting terrorism etc are some of on festivals like holi, eve teasers, etc, the examples of Lok Darbars with The major complaint of people were implemented so strictly for the different stake holders on various against police is non registration of first time in the history of the people. issues. complaint. They come to police station Media was effectively used for with lots of expectations. When their showing this concern. Press releases 8. Gram Surksha Samiti and complaint is not registered, they get were issued regularly on any issue of Maholla Samiti disappointed. This becomes a major public concern. Any suggestion from stumbling block in cooperation between public whether it has come through a Gram Surksha Samitis (Village police and people. Lok Darbar or through a telephone Defence Committees) were started in will invite not only district level action every village and Maholla Samitis in The initiative started with but the same will go to the people in ever town as participative forum for emphasis on free registration of form of media release. This helps in public participation in policing. They complaint. Clear instructions were given enhancing public faith in police have following salient features: that non-registration will not be intention and competence but it gives tolerated. Strict action will be taken in a) They meet every month in right kind of signal to the law breakers. case of non- registration. The officers presence of a police officers. For example, police formulated a will not be held responsible for increase b) They discussed issues relating special plan on road romeos on in crime figures. People were also to the security of the village or valentine day and issued a press note informed about this policy and advised area. about the planned action. The to represent before supervisory officers preventive effect of press note was far c) They tackled petty disputes of in case of non-registration. more than the actual police action. the residents with a view to 5. Complaint on Phone prevent further escalation Special initiatives were taken for leading to dispute getting A system of giving information and vulnerable sections like senior citizens, converted in to an offence. women and children. The issue of complaint on petty issues to police d) They try to settle existing control room and police station was violence against children in homes and schools was addressed with the help of criminal cases pending before introduced wherein anybody can give court through LokAdalats. any information without disclosing his the enlightened citizens and NGOs. or her identity. The information will be 7. Lok Darbars e) They try to maintain communal acted upon quickly. Every such harmony in the community. information is recorded and record Lok Darbar is a formal forum where Their role becomes very crucial number is given to the caller. After one senior officers like Superintendent of when there is communal tension week he can know on phone about Police and Deputy Superintendent of at anywhere in the country. action taken with regard to his Police sit with citizens in a meeting and

Academy Journal 10 f) They organise measure to police. Thus every citizen in the country the help of the NGOs. They improve improve their own security like imbibes police fear in early years of his community cooperation in core police night patrolling and patrolling childhood. How can one expect such functions that improves police in fields to prevent crop thefts, citizen to come closer to police and performance. Moreover, these damage etc. cooperate and participate in policing? programmes make police personnel more g) They try to settle the disputes To change this police officers visit concerned about the people’s need. addressed to police in petitions schools and make student aware about They become more sensitive towards by the citizens before police their rights and duties. Similarly, student people. They like to work for the people. take action on those petitions. too visit police station and know about This improves their productivity. police functioning. This sends the Following community policing 9. Awareness Programmes message to the parents and event to the programmes are organised in Bhavnagar common man. District: As discussed earlier that the main aim of community policing is to involve g) Mobile Exhibition: i) School Admission to poor people in ensuring their own security. students. To involve people in their own security A mobile exhibition is being they need to be made aware about their displayed at different places like Bhavnagar District Police (BDP) rights and duties. Police work under the markets, parks, schools, at mass made a survey of the areas that are law. Sometimes it is not possible to marriages and other social and religious inhabited by people inclined towards satisfy people due to legal constraint. If functions. This helps in creating criminal activities. More than 300 people don’t know about this, it spoils awareness among the people and children were admitted in school. The police image. Poor police image becomes reducing distance between police and school drop outs are readmitted in the stumbling block in police people the community. school. A Community Education Centre partnership. Therefore, it is important to was started for the children whose inform people about what police can do h) Police at your door step parents are involved in criminal and what they can’t do. Programmes activities. This not only helped in improving police image in the society d) Legal literacy programmes This is an evening programme but it will prove to be a long term crime where the mobile exhibition is displayed Looking to the above fact several prevention measure as there is a as well as an audio visual film is shown legal literacy programmes are organised, considerable degree of probability of that is specially designed to make people many with the help of the NGOs. Besides these children turning towards criminal aware. It also shows photographs of the this the monthly meetings of Gram activities if not given opportunity to known criminals. This followed by Surksha Samits and Lok Darbar also study. question-answer and suggestion provide ready platform for legal literacy. session where a police officers answers ii) Blood Donation Camps e) Teachers Training. their queries and doubts. More than 1300 bottles of blood In addition to this more than 5000 10. Community Policing was collected in less than six months teachers were trained about police Programmes in blood donations camps organised functioning during their annual training at police stations. This helped in at 185 Cluster Resource Centres (CRCs). Community Policing Projects are improving police image as well as They, in turn, would make students the projects that cover the work that is bringing community closer to the aware about their duties and rights with conventionally not a police function but police. In the first blood donation reference to their on safety and security. through action in such areas police try camp, some girls participated by It is expected that this information will to go closer to the community that lead helping in the logistic as they were not percolate down to the parents through to improved community confidence and eligible for blood donation. They said teachers and pupils. cooperation with the police. There is no they attracted by the very act of police single opinion about it. Many contend in this area, the second reason being f) Police Station visits of students that action in these non police area or police action against Road Romeos. and School visits of Police non core areas waste lots of police They wanted to reciprocate. Such Officers resources and affects police experiences touched the heart of the performance adversely. This argument police. They came to know for the first When a child is crying or not doesn’t have much water in it as most time that how much they matter for the behaving properly, parents scare him of of such programmes are organised with people.

11 Jan - Dec 2007 iii) Rallies marches on all the festivals. This has their unused spare medicine. The proved instrumental in showing people collected medicine is given to poor Police-Partnership Marathon was the police capabilities in such area and patients. This helps in changing police the first of its kind. Many like Matru police concern for people as well as fact image. Vandana rally for creating awareness that police to is a part o f the society against female foeticide, Chakshudan and they are like any other human being x) NGO/NRI Meetings rally for creating awareness about eye celebrating festivals. donation and Sadbhavna Yatra on A separate meeting with NGOs occasion oirathyatra to promote peace vii) Playing police band on public and NRIs is called every two months and communal harmony followed. These places to discuss how police can help them rallies helped in bridging gap between in social and charitable activities they police and the community. It also helped This is an example how police have been organising and how they in making organisation more sensitive resources can be used for going closer can help police in organising towards people. to the society. Playing band on public community policing, police family places like parks, traffic circle etc brings welfare and other programmes to build iv) De-addiction Programmes another face of the police. This has been bride with people. They have been receiving lot of public appreciation. This assisting police in this purpose. For De-addiction programmes with the programme got expanded to places like example, BDP (Bhavnagar District help of the NGO helped in bringing old age homes, schools, fairs and Police) joined as a co-sponsor with the people and police closer. festivals etc. local Rotary Club in organisation of a book fare. v) Kit distribution to the disabled viii) Sneh Milan Karyakram on New Year day CONCLUSION Kit distribution programmes for disabled are organised at Police Station. On Gujarati new year day Sneh Community Policing is This saves the NGO from making Milan Karyakrams (meeting with philosophy policing where police and arrangements in remote areas. It also citizens ) were organised at every police people come to gather to ensure safety helps in improving police image and station. This was a very innovative step and security of the community. It is a building bridge between community and towards building bridge with the must for any police organisation to police. community. This programme was function effectively. It encompasses organised in response to a suggestion all the activities that bring police and vi) Horse Shows on the basis of one senior clerk from the people to gather, that improve police SP office. This shows how the image and public faith in police and The district mounted police unit community policing initiative has made motivates them to cooperate with runs a riding club for training citizens. the personnel concerned for continuous police and get involved in to their own This unit have been successful in improvement. security. training them to such an extent that they participate in difficult event like tent ix) Medicine Collection Box at the Bhavnagar District Police pegging etc. They have become police stations. successfully introduced a community champions in several state and regional policing initiative that resulted in to level competitions. It has now become Every police station has a spare improve public faith in police and better customary to organise horse shows and medicine box where people can deposit sense of security among the people.

The great end of education is, to discipline rather than to furnish the mind, to train it to the use of its own powers, rather than fill it with the accumulations of others.

-Tryon Edwards

Academy Journal 12 ATTITUDINAL FACTORS LEADING TO THE UPSURGE OF NAXALISM

Dr. B Maria Kumar

Broadly, we may divide the • Government servants are not attitudinal factors into two types, that sensitive and responsive to the directly or indirectly become one or problems of the poor. more of reasons for the proliferation of maoist activities / tendencies. One • Grievances are not redressed type is that to which the maoists, in government offices; even if maoist sympathisers, their frontal redressed it would be out of members, the party intellectuals etc corrupt or inordinate late ascribe their prejudices in following practices. terms. • Police implicate innocents in cooked-up cases and brand • Social equality is not possible local youths as maoists. without violent struggle. • Police are hand-in-glove with • Government, bureaucracy and local land-lords. police are oppressive. • The writings and preachings of • Police are always on their look- Marx, Engels, Lenin, Che and out to eliminate them. Mao are Gospel truths.

13 Jan - Dec 2007 The other type is that to which On the other hand, the people, taken into consideration, technology the police and civil administration vouch mostly tribal and rural, living in the propelled operations only lead to their biases on following lines. maoist affected areas, have developed unending blood-shed. attitudes on their own perceptions • Maoists and their towards police in following terms Hence, the foremost work to be sympathisers, friends and done is to prevent the growth of maoist relatives are organised • Police are oppressive mind-set among the jungle dwellers by criminals. • rude, insensitive various attitudinisation and sensitisation schemes and at the some • They do these activities for • discourteous, hasty, negligent, easy money. time to reform the mind-set of the maoists unruly, abusive, no empathy, through carefully designed and well- • There is no such thing called tyrant behaviour, high-handed, thought measures. party ideology. violent, unethical • They are always on the look- • arrogant, foul-mouthed. Therefore, a co-operative and two- out for eliminating policemen. way relationship between police and In the same way. police have been tribals is essential But police must take • They are criminalising the tribal attitudinsed towards tribal and rural initiative in terms of “positive belts by wooing the youth into people on following lines attitudinisation project”. becoming criminals like them in tribal and other rural people are the garb of revolutionaries. • 1. Project Aim: rule breakers • They exploit women sexually. • unhelpful To annihilate unfounded, mistaken, blindly-believing, misguided Such being the attitudes, which • give shelter to maoists are negative in nature and mostly mind-set of both police and tribal / rural biased, unfounded and self-imagined, • don’t give information about people and to instill proper attitudes in they have their impact on both the maoists them through training interventions. groups keeping them at opposite poles, • hostile as warring factions with no end. 2. Objectives: • don’t assist police during Impact on maoists and their law and order situations • To highlight the importance of sympathisers is that they have already and investigations. attitudes in police working and rural / jungle life. become - These negative attitudes have • To identify the requirements • disgruntled resulted in the following effects on police work and competencies in the civil / • disillusioned NGO / police organisations • distrust of police • dejected • To design and administer • misunderstanding • disoriented training schemes for the • non-co-operation betterment of the police • desperate behaviour at work and the • job dissatisfaction • desolate positive attitudinisation of • demoralisation tribal / rural folk. • Impact on police and civil administration is that they have • inefficiency 3. Core Issues: already developed • stress • Desired attitudes • phobia towards maoists Such being the situation, there is • Ethics at work • suspicious about jungles and a gigantic task towards this end so that • Respect for human rights tribal villages a bon-homie can work out miraculous • Service orientation • disinterest in touring the solutions in eschewing violence and interior areas establishing peace - through • Human touch psychological approach in addition to Theory of happiness • apathy in promoting welfare operational strategies. Because, unless • policing in the affected areas and until behavioural strategies are • Health management

Academy Journal 14 • Life management Sub-divisional Core Group (SDCG) Preparation of training modules for at sub-divisional level. implementation of schemes under each Stress management* • core issue (Third 3 months) Evaluation • Discipline / Morale NCG: and transfer (Last 3 months) • Developmental schemes There will be : Monitoring: • Government’s efforts to Leaders (one for each state) Weakly statements bring tribal/ rural folk into Resource persons (two on each core national mainstream. Fortnightly reviews issue) Monthly, quarterly, half-yearly and 4. The Plan: Leaders will supervise, monitor and annual reports. evaluate. Resource persons will train The idea is to create a big pool of the state level resource persons in Monthly inspections TOT (Training of Trainers) trained TOT on core issues. leaders / resource persons who will be Evaluation: capable of planning, designing, SDCG: implementing and evaluating schemes / Observing qualitative and quantitative There will be : training programmes in relation to core improvement in police behaviour and issues in police organisations and tribal/ Leaders (one for each police station) in the mind-set of tribal/ rural youth rural societies. Resource persons (two on each core Evaluation by leaders 5. Target Group: issue) Evaluation by superiors Leaders will supervise, monitor and Police personnel at cutting edge evaluate. Evaluation by the public level and tribal / rural youth in the maoist affected areas. Resource persons will train the target Finances: groups on core issues and develop 6. Plan Frame: their beahvioural competencies. Depends upon the identification of needs and requirements through How Plan Works: There will be : government / local partnerships. National Core Group (NCG) at Target Dates: national level. Outcome: State Core Group (SCG) at state level. Training needs analysis and identification of competencies (First 3 Overall improvement in the behaviour Range Core Group (RCG) at range months) and psyche of police personnel and level tribal / rural youth which will pre-empt Preparation of instructional material maoist mind-set / potential maoist District Core Group) at district level (Second 3 months) tendencies

Books are masters who instruct us without rods or ferules, without words or anger, without bread or money. If you approach them, they are not asleep; if you seek them, they do not hide; if you blunder, they do not scold; if you are ignorant, they do not laugh at you.

Richard de Bury

15 Jan - Dec 2007 CALCULUS OF COMBAT AGAINST LWE

Giridhari Nayak

Life and combat is never operations can provide valuable insight formulaic. But, history repeats. Battles which can be of tremendous benefit for of Panipat reminds that some places and operational oversight. Basically it will some tricks are repeated in combat. So, provide analytical framework to deduce study of dynamics, and dimensions of general principles and postulations, combat can provide various patterns, which can be applied to operational and designs of offensive and defensive situations. In this analytical framework operations. A series of operations have some critical case studies of police been conducted against LWE in the success, police failures and near miss grand battlefields of hinterland India, i.e. situations are being discussed which various guerrilla zones and red will provide pictures beyond the cliches resistance regions in various phases by and platitudes of regular operations security forces. Naxalites also have against irregulars. conducted a number of tactical counter offensive campaigns, short raids, action POLICE POST ATTACK: team operations and mine warfare. These combats merit a brief overview. Lessons Naxals have used tactical gleaned from combats under heads of imagination in attacking police posts of post attack, ambush, mine blast, action various States. Sometimes they team operations, cordon and search conducted multiple attacks, some time

Academy Journal 16 they had used deception and sometimes members were shifted and fresh blood to block reinforcement and one reserve they have exploited the security were put at Bedre. The boys had done group consisting of one medical team. weaknesses. There are some instances rehearsal. On the fateful night, where Naxals have to made punishing naxalites attacked the P.S. with Narainpur police had caught hold retreat. A few cases are narrated to automatic weapons and grenades and of two naxalites who during present the post attack scenario vividly. shouted how come you policemen are interrogation had revealed that Dhoudai not drunk to night. Police party gave a post was in the hit list of Naxalites. PS Tarlaguda (1998) located at befitting reply by firing automatic Extensive in situ rehearsal to confront A.P. Border near the bank of river weapons and 2" mortars. Naxalites had the raid was organised by I.G. himself. Godavari was attacked from 19.00 hrs till to perform a punishing retreat. Police On the fateful night the entire platoon 1.30 hrs by 66 naxalites with AK 47, SLR, recovered two dead bodies of fought bravely used grenade, LMGs and .303 Rifles, G.F. Rifle and grenades. Police Naxalites. SLRs effectively. Others replaced even recovered dead bodies of one divisional the injured sentries tactically. Naxalites committee secretary, one DCM, one Geedam(2003) Geedam is blasted anti-landmine vehicle carrying squad commander and two other roadside Police Station located on N.H. reinforcement en route. The route to the members and seized three AK 47, three 16 within the locality. Naxalites about post was blocked at 72 places by .303 Rifles, including huge cache of 150 in strength after blocking roads and boulders, log of wood and at few places ammunitions, grenades. Effective firing disconnecting electricity at three sides by landmines. Police reinforcement by one section of C.A.F. and 10 members reached P.S. by Tata 407 vehicle and also cleared the road and reached after 12 of P.S. staff yielded result. Firing from by foot. On being challenged by P.S. hours. Helicopter was used to shift the roof top morcha, effective firing by LMG sentry they replied that they are injured policemen. Naxalites had pinned down the naxalites. Immediate policemen from Bijapur. They entered suffered a punishing retreat. They lost action by the entire section of C.A.F. and P.S., shot dead sentry and blasted police their northern command military chief district police, effective firing from station building. District Head quarter and other four members. Timely previously decided positions, use of was 10 kms away. When S.P. and team intelligence, good rehearsal, brave roof top morchas by security force, moved from D.R.P. lines, en route they execution of plan, effective firing and effective use of LMG, not falling in to had to face roadblock and encounter. effective use of hand grenade trap of naxalites to surrender arms helped They reached four hours after incident. accomplished the mission. to achieve victory. The P.S. had no rooftop sentry, no fencing, no rehearsal, no security drill Murkinar (2006) Murkinar is PS Chhuria (1999) Naxalites to face such attacks and fell miserable platoon level temporary post of Bijapur came by Maruti van and other vehicles victims to naxalites’ raid. district. On the fateful morning Naxalites and attacked P.S. Chhuria of district boarded a private Bus, with sand bags Rajnandgaon. S.H.O. Chhuria’s Dhaudai (2005) Dhoudai is a they arrested LMG post and reached response saved the P.S. He broke open platoon post of district Narainpur. On Murkinar. At that time, in-charge of the Malkhana lock by firing a shot from 17th May 2005 at around 23.30 hrs post along with staff were doing Pistol took away weapons; he and other Naxalites consisting of two of their shramdan to repair the morchas. One two policemen including sentry fired at military coys, ten local guerrilla squads roof top morcha of the building had one the naxalites. Naxalites were unable to and forty militia members total about ,300 LMG with five magazines. No sooner did blast landmines and fired back. strength with four LMGs, few rocket the bus stopped at the post then Reinforcement from other police stations launchers, 122 automatic and semi naxalites started rapid fire from LMG and reaching quickly Chhuria in spite of automatic Rifles and grenades attacked other automatics. LMG group engaged naxalites’ roadblocks further caused Dhoudai post of Chhattisgarh Armed the sentries and in the mean time the panic among naxalites. Naxalites carried force. Naxalites documents mentioned irregulars jumped into the post, the injured, dead and fled away. that they had in the assault group four massacred the unarmed police party and sentry capturing groups, three assault looted away weapons. The post had no Bedre (2002) Bedre is a Police groups for capturing the camp, two fencing, the lone sentry at both morchas Station located at the border of groups for capturing kitchen and other were unable to hold ground for long and Maharashtra in the forest region. room; in the support group they had one the unarmed police party was sitting Naxalites had surveyed this one P.S. diversion group, two other support ducks for the raiding parties. The whose maximum number of staffs had group, one artillery team, two demolition Morchas did not have depth and as there turned to be alcoholic. Five days teams, two relay teams, two groups for was no layer of fencing it become easier before incident on the basis of dummy raids on nearby police station for naxalites to crush the defenses and information input, the alcoholic and police posts and four ambush party loot weapons. Had the shramdan people

17 Jan - Dec 2007 armed they could have given some • Constant alertness and instant region. In one instance, one S.H.O. of resistance. Use of grenades would have readiness of force must be P.S. Pamed was killed only one hundred done wonders at this situation. maintained. This can be done meters away from police station on a through perimeter vigilance, weekly market day by action team hitting Ranibodli (2007) On the fateful proper task distribution, proper him at the neck by the axe. night around 2.00 O’clock around 500 to practice and good discipline. 600 Naxalites including three military In another instance, two sentries One third of the force at remote coys eight LOS and few militia platoons • performing helipad security duty were attacked the camp with LMGs, G.F. rifles areas must do guarding at any hacked to death by action team and and moltov cocktails. Naxalites point of time. During attack, entire snatched their rifles; police patrolling engaged the sentries and police party force must take their decided party intercepted them 10 KMs beyond in serious gun battle. They put small positions. Odd time security must in a jungle route but due to inaccurate ladders over perimeter wall, used the be carefully maintained. firing were unable to get success. wall as sentry post and big ladders • Immediate action drill with over big trees and used as LMG posts. emphasis on proper warning In one incident action team They lobbed petrol bombs, grenades system, arms carrying technique, member of PLGA located one weak and also sprayed petrol and set fire to reloading drill, rapid firing constable and snatched Rifle from him, the barracks. In the melee, policemen practice must be hammered into but another constable in civvies who came out and were butchered by the minds of the force. was purchasing vegetables snatched naxalites. Naxalites blocked all approach away the rifle from the naxalite, before • The force must rehearse roads by cutting trees, putting stopper other members of action team pounced automatic reaction keeping in parties and land mining the roads. From upon him, he shot dead the naxalite in view various situations like arson, the premises of the camp 560 empties self defence and saved the situation. deception, and injuries to the were found. The walls of the building In a number of incidents naxalites sentries. and morchas had about 900 bullet marks. action teams had killed informers and Reinforcement reached at 6.00 O’clock • Contingency plan with proper policemen in markets. They perform a and found that even beneath dead emphasis on command, control good survey of the habits, movement bodies naxalites had put twenty-nine communication, fire control, first of the target and the area. The team I.E.Ds, which were defused by bomb aid, reinforcement and follow up carry concealed small firearms, or disposal squads. Ranibodli and all other must be prepared and rehearsed. sword, axe, a get away motorcycle or post attacks provide us very hard sometimes they move on foot. They • Every month proper security lessons, which we must learn and shot target point blank or from a very review by supervisory officers implement so that police posts will be close quarter and then flee away. They must be carried on. enabled to face the onslaught of select soft target, survey thoroughly naxalites’ offensives. and hit. Target hardening, inculcating WANTON DESTRUCTION OF self-defence, frisking doubtful INFRASTRUCTURE BY characters, using of spotters to nab LESSONS LEARNT FROM POLICE NAXALITES action team members at targeted places POST ATTACK blocking all possible exit routes can • During any raid naxalites are ready Not only naxalites attack police help in preventing action team attack. to take few casualties; so effective posts, but also they vandalise and use of area weapons, grenades destroy infrastructure wantonly. and automatics can deter them. Sometimes, they damage or destroy the LANDMINE BLASTS AND infrastructure like road, and bridges, • Naxalites after raid disperse in few AMBUSHES BY NAXALITES: railway lines, buildings with direct routes and they use 24 hours R.V. tactical intentions or with diversionary Maximum number of casualties of and three days R.V.. Immediate tactics. Sometimes intelligent use of security force has been caused by aerial searching and vigorous hot force for security purpose yields landmine blasts. Along with landmines pursuit yields results. operational success. blasts naxalites have improved their mine • Contingency plan to intercept warfare. Now, they are using claymore fleeing naxalites is essential. mines, directional mines and pressure NAXALITES’ ACTION TEAM • Proper sentry posts with clear arc mines. In nineties, every year, there used ATTACK of fire is needed at each post. to be a dozen of incidents and one or • Security force must operate in A dozen of action team incidents two fatal incidents. Since 2004, incidents buddy. by naxalites have occurred in Bastar of average landmine blasts per annum is

Academy Journal 18 more than one hundred out of which two from the tree by firing a shot. No sooner April where 60 Naxal were camping. But three incidents are deadly. Now, they are did the constable shot at the mango, and the cordon was so porous that naxals using landmines of even 85 kg. weights. then naxalites fired on the police party. observed one point, fired heavily that In that encounter one naxalite was killed point and moved out. In this operation In one incident in 2005 March, one and dead body recovered. one Havaldar was killed and also one convoy of S.F. went ahead of road naxal. opening party. Naxalites blasted six In Halainar encounter naxalites landmines at one go. But the vehicles used abusive language against police In another situation in 2005 halted only few feet before the blasts. and when Coy Commander stood up and February, one platoon of force had an replied immediately he was shot at. encounter with Naxals in the jungle of Naxalites, through icom sets, are Basaguda Police Station of Bijapur listening to police communication. On In a number of instances, police district, then the police party noticed the basis information about police party used to fire beyond a distance of that about six naxals entered one village. movement they lay landmines and 300 meters as a result they disperse The party cordoned that particular ambushes on National highways and naxalites rather than pin them down. village. In the mean time, suddenly one other roads. Handling of explosives and young man came out from a house, ran demining the road and area is the most On a number of occasions, and jumped into a pond. At that point of difficult task being faced by security security forces have three or four time the cordon party rushed towards force. encounters within a day. So, retrieving the pond, taking benefit of break in dead bodies of naxalites while facing cordon Naxals fled away. encounters and then crossing difficult USE OF BOOBY TRAPS terrain becomes a major trouble. Now-a-days naxalites are using OPERATIONAL DIMENSION DUE IEDs with anti-handling mechanism. Post encounter interview of TO USE OF S.P.Os security force reveal an interesting When the policemen retrieves it feature that security forces are more S.P.Os added a new dimension to and handle it then the device blasts; it worried about friendly fire rather than operations. On the one hand security results in death of persons gathered fire from naxalites. Fire and move commitment due to naxalites attack near the booby trap. technique and proper maneuverability S.P.Os have increased. On the other have to be imbibed among the force. hand, it has hit at the line of In 2007 February (Fundri P.S. Now, force after contact and fire do not communication, recruitment and Bhairamgarh) Assistant Commandant of pursue as a result they cannot hunt intelligence of naxalites. Knowledge of th 9 Naga BN and staff retrieved a naxalites. local intelligence and terrain of S.P.Os landmine and while fiddling the device have operationally helped security blasted and caused death of 4 security On a few occasions security forces to a great extent. persons including one Naga Assistant forces have fallen prey to ruse and Commandant and 3 civilians. In another deception of naxalites. A few naxalites OPERATIONAL LESSONS WITH incident in March 2007 one S.P.O. was in the jungle show themselves for few TACTICAL BEARING killed due to mishandling of one IED. seconds and disappear thereby luring security force to pursue carelessly and Anti-naxalite operations succee- ded up to some extent in whittling down ENCOUNTERS in the process they fall into the trap (Tarmetla P.S. Jagargunda 2007, Partapur Quantum of encounters of security 2004 P.S. Pakhanjur). Naxalites fighting potential. But, force with naxalites has increased but observation and analysis of various quality of encounters desired to be operations reveal that maximum CORDON AND SEARCH improved. In 2006, in one instance about operations suffer from tactical errors, OPERATION a coy of troops marched with informer which range from ineffective firing, to in the jungle. Security force escorting Cordon and search operations low combat capability. In number of the informer continuously threatened become porous& do not yield much occasions when the chance of battle is and abused him during movement till result, because, security force does not available to the force their fighting they reached the destination. Even after generally rehearse and practice this power is so numbed by physical reaching the spot SF did not have faith operation. exhaustion that they are unable to on the informer; by that point of time translate the chance into bigger two constables between themselves One coy force did a cordon of success. Sometimes, security force made a bait about who can pluck a mango village Akabera in Abuzmarh in 2007 conduct operations with reluctance and

19 Jan - Dec 2007 some operations are conducted • Security force should avoid can act better against naxalites’ perfunctorily. Some of the operations are naxalites’ physical traps or PLGA . desultory. The local commanders do not human rights traps. have tactical understanding of the • Operational environment is nuances of operations. So, it is essential • Ability to deploy and sustain considerably more difficult than that lessons with tactical bearing have combat forces in interior remote might appear from distance. places is negligible. Extensive to be mastered; tactical soundness in • People’s awakening and operational bases have to be operations will provide much insight to resistance movement causes created. conduct operations effectively. Victory greatest challenges to naxalites. in combat cannot be achieved without • Operational outcome depends It should be encouraged, and transposing following tactical lessons on managing combat nourished. into operations and positions. A few behaviour and motivating more tactical lessons are enlisted below:- Since naxalites are determined security force. • to use force, so there is no other • Command in combat has to be • Security force has to be made way except physically improved. security minded. Local security defeating them through audit has to be conducted operations. • Most of the operations are of regularly. section, platoon and coy level. • Operations need more punch So, tactical performance of and staying power on the OPERATIONAL LESSONS WITH junior officers needs to be ground; it can be added by STRATEGIC BEARING improved considerably. increasing level of force, If tactics is right but strategy is logistic support and • Operational effectiveness of wrong few battles may be won. But, equipments. the force can be improved by ultimately victory goes to the side, battle inoculation, tactical which has correct strategy. So it is CONCLUSION exercise without troops, essential to learn operational lessons situational training exercise, with strategic bearing. Few operational Operational, tactical and strategic emergency deployment lessons with strategic bearing are aspects have combined impact in readiness exercise and other enumerated below: - combat. training interventions. • Naxalites are graduating from Combat trend and tempo against • There is a need for inclusion of guerrilla warfare to mobile LWE points out that there will be subordinates as partners in warfare stage; naxalites’ war escalation of terror campaign in near thought and action. preparation, mobilisation of future. So, the urgent need of the day is manpower, and resources is better more coordinated and more • Logistics continues to be the very high. Tempo and lethality sophisticated operational policies and Achiless’ heel; it has to be of operations are increasing. practices. The hard lessons of improved. Combat support Hesitation to deploy more force, operations, if internalised at various service has to be created. right type of force and levels, will help in reducing operational • Counter attacks have to be well resources will be costly. deficiency, bringing operational anticipated. readiness, enhancing operational • Guerrilla zones and base areas efficiency, effectiveness and combat • Reconnaissance patrol teams have to be saturated with power. Lastly, it won’t be exaggerated security force. are needed to counter element to say that proper understanding of of surprise. • Security forces must dominate geometry of operations and calculus of areas with administrative combat will spin effective action, • Reconnaissance, rehearsal, and vacuum. maintain operational tempo, generate proper debriefing are essential momentum and yield tremendous for effective operations. • Grey hound type commandos success.

Academy Journal 20 UNDERSTANDING INDIA

Balmiki Prasad Singh

INTRODUCTION UPBRINGING AND OPERATION OF FUNDAMENTAL, SOCIAL AND How should one try to POLITICAL FORCES understand one’s own country? The I was born on 4th November, 1941. country grows on you and you grow in This was a momentous period in the the country. Understanding one’s own history of India from three significant country becomes more difficult, if you angles: political, religious and literary. are an Indian. India - a civilisation of At a small but highly meaningful scale, hoary antiquity, of great achievements Bihat, my village, where I grew up was and numerous shortcomings, fills one’s an important centre of freedom struggle, mind and often causes bewilderment. religious harmony and culture. Some finest Indian minds and also travellers and scholars from abroad have At the global level, the Second tried to unravel India and in the process World War was on its peak causing several of them have provided rare bloodbath and inflicting untold insights. All these are valuable aids to miseries on people of Europe and Asia. understanding, and yet it does not fully The war cries were heard and help in constructing in mind a picture witnessed in India’s north-east too. gallery of different aspects of India. At The major political battle in India was the end, one has to undertake one’s own struggle for freedom under the journey, howsoever, formidable the task leadership of Mahatma Gandhi which may be. reached its zenith in Quit India

21 Jan - Dec 2007 Movement (1942-44). Freedom could be philosophy, its arts, its poetry, its music SOCIETY smelt. Mahatma Gandhi mobilized the and its myriad ways of life. This was a A recent survey has indicated people of India for a non-violent revolution in literature which made deep that 4,653 communities live in India struggle against foreign rule and its impact on revolution in politics and also (that include all major religions of the scale and depth was unprecedented in got influenced by that. All these brought world in a predominantly Hindu society history. The repression of such a non- a new perspective in an Indian’s with sizeable Muslim population), violent struggle by the British only understanding of his surroundings, of professing different faiths, practising eroded their moral authority and also of emerging challenges and, of course, of diverse forms of worship, entertaining their Indian collaborators, the zamindars, his country. An age was ending and the different notions about migration of the landed gentry and the princely rulers ‘soul’ of India ‘long suppressed’ was soul, speaking several languages and and thus, unintended though, served finding ‘utterances’. dialects. Each group has its own the cause of struggle for independence. India could be understood in folklores and its agriculture, industry Alongside, the freedom movement also many ways. and handicrafts too in many ways are had the distinction of bringing for the distinct from others. But India is more first time millions of women into the GEOGRAPHY than a sum of these. Jawaharlal Nehru political realm of civil disobedience and once said, “India is a cultural unity satyagraha campaigns. Viewed in terms of geography, the Indian sub-continent “is a world of its amongst diversity, a bundle of These eventful years also own, extensive yet enclosed by marked contradictions held together by witnessed hardening of attitudes among geographical boundaries.” To the north, strong but invisible threads’”. In fact, the leaders of the Congress and the it’s bounded by the massive mountain for the past five thousand years or so, Muslim League. The talks between ranges of the Himalaya. Its shores are the Indians have developed common India’s two top leaders Mahatma washed by formidable oceans: the traits, thoughts and feelings. These Gandhi, supported by Jawaharlal Nehru, Indian Ocean to the south, the Arabian have given successive generations of Sardar Vallabhbhai Patel and Maulana Sea to the west and the Bay of Bengal Indians a mindset, a value system, and Abul Kalam Azad, of Congress and to the east. The east is also marked by a way of life, which has been retained Mohammed Ali Jinnah of the Muslim tightly grouped mountain ranges with remarkable continuity. Despite the League were showing signs of strains. extending upto Burma (Myanmar). In the passage of time, repeated foreign The communal divide between the west, India opens to the arid and invasions, and the enormous growth Hindus and the Muslims had stiffened contorted mountains on the edge of the in population, the Indians as well as leading to political division of the Iranian Plateau. people of Indian origin have country. On 15th August, 1947, India possessed a unique personality and it attained freedom but it was an India India stretches from 38 degrees is going to embellish in coming divided into India and Pakistan. It was north latitude well above the Tropic of decades marked by unfolding of an era accompanied by unprecedented Cancer to 7 degrees above the equator of globalization and democracy. violence with more than one million and that groups it with only a few dead. Many then felt that the partition countries on the earth that extend over THE INDIAN MIND was temporary while others feared that so many latitudes. In terms of history, it is not very this will impede India from getting her Geography plays a very important clear when the Indian mind started due position in the comity of nations. role not only in terms of ecology and delving into fine arts, poetry, philosophy The shame of violence was widely climate but also in respect of common and science. The myths and legends, shared. traits and attitudes. India has a huge cults and rituals, as well as agricultural Side by side, there was a literary population of 1.1 billion people covering practices and handicrafts indicate that movement to which Rabindranath Tagore an area of 12,69,419 sq. miles (32,87,782 civilisational attainments in India in the north and Subramaniya Bharati sq kms). India extends 2009 miles (3214 commenced earlier than 5000 years ago. in the south provided leadership with kms) from its mountainous northern The Indus civilisation which flourished imagination and fervour. This had all border with China (in Jammu & Kashmir) during 2400-188 BC provides the begun with Raja Rammohun Roy in West to the southernmost tip of the mainland beginnings of Indian historical Bengal in the eighteenth century. This (at Kanyakumari). experience. The archaeological new literary, movement not only talked Geography provides a distinct excavations at various sites connected of beauty and nationalism but the new physical personality to the Indian sub- with that civilisation, such as at and rapidly growing corpus of books continent. And yet the Indian sub- Mohenjodaro, Harappa and Dholavira, and monographs also revealed to its continent and more so the Indian mind have amply proved that there existed a readers India in terms of its spirit, its was never closed to the world. well-developed city life, irrigation

Academy Journal 22 system, and agricultural operations in particularly its classical style was the shishya parampara declined over the India during this period. language spoken by a cultured minority. years and it is now seen mainly in the Alongside, folk literature flourished in realm of music and dance. New schools Much later, (and largely popular dialects and in languages like and institutions, seminar and discussion associated with the Aryans around 1500 Pali and Prakrit. However, Sanskrit, Pali forums have, however, emerged BC) the divine narratives were pieced and Prakrit grew and developed at the replacing, in a way, the traditional modes together out of unconscious allegory, same time. Pali became the sacred of learning. The development of writing poetic symbolism, personification of language of Buddhism and Prakrit, of manuscripts, followed by the technology nature, or worship of spirits. But in all Jainism. Sanskrit, Pali and Prakrit, have of printing books and journals, and the these, the human mind played as greatly contributed to the growth of storage of literature in computer software important a role. It is this feature of the modern Indian languages like Hindi, these days have ensured that we do not Indian mind which is responsible for the Marathi, Bengali and Assamese, and lose anything of the past. There is no rapid growth of Indian philosophical have enormously influenced their script, denying that archives, libraries and pursuits and the development of grammar and literature. computer technology play an important mathematics and astronomy. part in conservation and comprehension There is enough evidence to of the past. However, the present system The notes recorded by the Greek indicate that from ancient times, India has its own paucity as the renewal that ambassador, Megasthenes (3rd century had developed a system of conferences occurred through dialogue in the old BC), the Chinese pilgrims, Fa-hien (5th and free discussions to which tradition is not a part of computer century AD) and Huein-Tsang (7th specialists came from all over the software. For renewal comes by using, century AD) and of Al-Biruni (11th country. The summaries of those by doing, and by making the past an century AD) provide vivid description conferences were known as samhitas, effective memory that is of great value of India’s society, religion, philosophy, the compilers being editors, not authors. for the present. politics, arts and industry. Earlier, the rock edicts of Asoka (3rd century BC) UNIQUENESS OF THE LEARNING It is true that maintenance and amply revealed the richness of India’s PROCESS culture and political system. renewal are inter-related. But renewal is The term smriti signifies an oral not revival. What is necessary is to free The beginnings of Indian literature tradition wherein the teachers passed a thought from specificity of its context are found in the Vedic hymns in Sanskrit to their students the texts which they and to help what is immanent in that composed around 1500 BC. Early literary themselves have received from their thought to emerge in the new context in forms also include Tamil verses from the masters. The guru-shishya parampara order that it meets the social and south, Prakrit and Pali tales from the (teacher-student tradition) was a intellectual requirements of the present. mainland and tribal lores from the hills significant institution that grew and Such developments in new directions and uplands. flourished in this behalf. The students have infinite possibilities in India. Literature in early days was were sent to live with a guru and learn Renewal also presupposes the capability primarily religious. The Hindus not only the scriptures but also of a civilisation to reject an ideal. We recognized two kinds of authoritative statecraft, music, warfare, science and have learnt from other civilisations by religious literature: shruti (hearing) agriculture. In time a student would studying their experience and thereby which is eternal and self-existent and attain the status of a guru, and carry enriching our own and the process divinely revealed; and smriti on the tradition of transmitting his continues. (recollection) which is a product of knowledge to his disciples. The human authorship. The entire Vedic institution of guru-shishya THE WIDER MEANING OF literature is shruti. The Ramayana, the parampara covered the entire gamut HISTORY Mahabharata including the Bhagavad of creative activity, namely religious Gita, and the Upanishads and discourse, history, dance, drama, In a wider sense, history Dharmashastra represent the finest poetry, painting, and sculpture. In this encompasses the development of human examples of smriti tradition. process, the learned mind renewed the consciousness, a handing over or easy sacred texts in the light of new social, passage of ideas and beliefs from one Sanskrit became the medium of religious, and economic realities as the generation to the other. As a remarkable expression of poets, authors, guru was required to interpret the feat of conservation of memory, the storytellers, as well as valuable treatises scriptures to find answers to emerging Hindus, through the tradition of Smriti on philosophy, astronomy, science, problems. and Sruti, have passed on the town-planning, architecture, music, Ramayana, the Mahabharata, the drama and dance. Sanskrit and more The institution of the guru- Bhagavad Gita and other sacred texts to

23 Jan - Dec 2007 the present day. This aspect of Indian people. Recently (July-August could not be explained in the present historical consciousness of Indians 2006), I had the opportunity to interact terms of man or seen by his superficial was highlighted by Rabindranath with 16 US educators who were on a sight, that there were other powers Tagore in his paper, ‘A Vision of Indian 6-week visit to India. As I opened the behind, other powers within man History’, where he writes: familiarization programme, I found them himself of which he is normally extremely keen to understand this unaware, that he is conscious only of a / love India, not because I cultivate country. In the de-briefing session at the small part of himself that the invisible the idolatry of geography, not end of the programme, almost everyone always surrounds the visible, the because I have had the chance to felt that India is a complex country where supra-sensible the sensible, even as be born in her soil, but because she generalizations could go wrong as what infinity always surrounds the finite.” has saved through tumultuous ages applies to a Tamilian is not of relevance the living words that have issued to a Bengali; a Maharashtrian could view It is thus not surprising that, from the illuminated consciousness things in a different fashion than a during the period of recorded global of her great sons. Punjabi, and so on. And yet they were history of the past 2500 years, India was impressed with unity of Indian mind, its a major power for 1300 years (roughly The Ramayana and the th politics and economy. Personal up to 8 Century) and became again a Mahabharta had been a part of the major power for over a period of 100 collective Indian consciousness for an conversation revealed that they were most impressed by Taj Mahal and ghats years during the Mughal rule. We extensive period of time. Similarly, the developed rational traditions in this folklores and folktales go a long way in of Varanasi. They detested India’s beggars and also dirt and filth at public country “as this was a country in which understanding of Indian mind. In the some of the earliest steps in algebra, second half of the last century, places. India’s hospitality and warmth too moved them and a few of them were geometry and astronomy were taken, television shows serializing the where the decimal system emerged, Ramayana and the Mahabharta in India in tears while revealing their impressions. where early philosophy - secular as well proved so popular that at the time of as religious -achieved exceptional their telecast traffic in towns used to GENIUS OF INDIA sophistication, where people invented come to a standstill! In rural areas, games like chess, pioneered sex working people and children invariably Where lies the genius of India? education, and began the first systematic sat spellbound in front of a television The Western writers deeply impressed study of political economy”. The set at a community center or in a home. by the metaphysical bent of the Indian Ramayana, the Mahabharata, the They wept and laughed as the mind and by their strong religious Upanishads and the Bhagavadgita, the situation demanded. instincts and proclivities have viewed finest works of art and sculpture of the Indian genius largely concerned with In recent years, Richard Ajanta and Ellora and various Buddhist the other world, dreaming and running Attenborough’s film entitled ‘Gandhi’ shrines, the best universities of the world away from life. But this is far from correct. have contributed to understanding of of their times at Nalanda and As Sri Aurobindo rightly observes: India’s freedom struggle and its values. Vikramshila, are achievements that The New York Post called it “a film that “Spirituality is indeed the should give us pride in our heritage. staggers the mind and feeds the soul.” master-key of the Indian mind; the sense Mahatma Gandhi was a revolutionary of the indefinite is native to it. India THE STORY OF CIVILISATION who believed in the possibility of saw from the beginning, and, even in In its 5000-years long history, the resolving social conflicts through her ages of reason and her age of Indian civilisation has undergone both non-violent techniques. He had a increasing ignorance, she never lost external and multidimentional internal unshakeable faith in the spirit of mind hold of the insight, that life cannot be upheavals. In this epic story, five and the power of love. “The hardest rightly seen in the sole light, cannot be encounters (among millions) have been fibre must melt in the fire of love. If it perfectly lived in the sole power of its particularly significant. does not melt, it is because the fire is externalities. She was alive to the not strong enough.” greatness of material laws and forces; THE VEDIC AGE An impressive corpus of literature she had a keen eye for the importance The Vedic period (1500 BC and on India in the last two centuries of the physical sciences; she knew how before) witnessed the intermingling of authored by Western scholars and to organize the arts of ordinary life. But the Aryans with autochthons which travellers ranging from James Mill to she saw that the physical does not get made a decisive influence not only on Dominique Lappaire and Marc Tully its full sense until it stands in right religion and spirituality but also on provide insights on history, politics, relation to the supra-physical; she saw patterns of agriculture, industry, trade religion and behaviour of common that the complexity of the universe

Academy Journal 24 and overall productivity. The Vedas and constricted our capacity to look at Hindus and Muslims could live together the Upanishads and the great epics: the different interpretations of a given idea in a society based on different spiritual Ramayana and the Mahabharata in arriving at a conclusion concerning and social conceptions. In fact, Islam (including Bhagavad Gita) came to guide religion or nature. It also contributed to gradually lost its Arabian and Persian and determine the way of living and widespread illiteracy and ignorance in identity and absorbed many Hindu folk thinking of the elite as well as the our society. traditions. The influences from Persia common people. Besides, there were and Central Asia gradually began to notable advances in music and The Brahmanical order which coexist with indigenous traditions in medicine, mathematics and astronomy. excluded women and the working class languages, styles of dress, music and (of farmers, artisans and dalits) from cuisines. The creative genius of the THE AGE OF REVOLT reading and writing reasserted its Indian people - both Hindus and The second most significant position in the name of religion and Muslims - found unique expression in encounter was through the discourses tradition and pursued with its dogmatic Sufism and Bhakti literature, in music and of Lord Mahavira (599-521 BC), the policies with renewed vigour. In such a painting, in birth of Urdu language and founder of Jainism, and Lord Buddha society, the decline was inevitable and enrichment of other Indian languages, (566-486 BC), the founder of Buddhism. the Indian society gradually slided into and in architecture and urban centers. It came as a breath of fresh air. backwardness maintaining alongside a Both Lord Mahavira and Lord Buddha few islands of prosperity and some CHRISTIANITY IN INDIA questioned the established religious persons of exceptional intellectual talent. Christianity came to India well orders and presented a rational way of before it went to several European looking at things, emphasizing the ISLAM COMES TO INDIA countries. But the civilisational role of non-violence in human behaviour encounter began with the entry of and ecology. They strove to build The period of decline that began Europeans in India and establishment an inclusive social order. in the economy and polity after the eighth century AD established an empty of the East India Company by the British I have found the encounter space that was filled by the Muslim in India. With the spread of the English between the Vedic philosophy and the invasions and eventual Muslim rule in language and the concept of democracy Buddhist precepts a highly interesting India. Thus commenced the third and rule of law began the fourth dialogue of great value in understanding encounter- that between Islam and civilisational encounter and that led to the Indian mind. The fact that Buddha Hindu belief systems. introspection in the Indian society. The was a Hindu and that he died as a Hindu religious and social reforms of Hinduism were significant. It is equally important Islam in a predominantly Hindu in the nineteenth century were attempts to know that Buddhism attained its society became the religion of the ruling to assimilate these new influences. The highest expression both in terms of elite for nearly 600 years till it was birth rights of kings and maharajahs to literature and institutions like replaced by the British colonial rule. It rule was slowly yielding place to monasteries and universities in India. imported among believers of this faith a democratic (severely limited to begin The Buddhist world-view generated single God, a rigid code of worship and with) institutions of governance. The introspection among the Hindu elite. As a way of living. To its believers, Islam first sign of this political awakening was a response, a revitalized Hindu society, provided a distinct facial expression, the inauguration of the Indian National on the one had decried the increasing dietary system, dress, language, music, Congress in 1885 and that gradually led role of rituals and rigidity of caste system of marriage and divorce, to a new conception of nationhood and structures and on the other, it architecture and spirituality. Unlike struggle for independence. incorporated Buddha into its pantheon Buddha, Muhammad would not and by treating him as an incarnation of could not be accommodated in the THE ICT REVOLUTION Vishnu. Hindu pantheon. The economic and Since the end of the last century, social principles of Islam in so far as it another fifth great civilisational The greatest loss in my view on dealt with property and inheritance, encounter encompassing all aspects of account of the ‘banishment’ of Buddhism marriage and divorce codes were our living is taking place. This is, from India was to the approach of different from the Hindu order. rationality and scientific enquiry that popularly known as the information and Buddhism had encouraged. In the long There were, however, significant communications revolution. This run, the absence of the Buddhist attempts to find a modus vivendi revolution is rapidly transforming our approach encouraged the forces of between Islam and Hinduism. It meant ways of communication - which has regression in the Indian society and that India had to devise a means by which become enormously rapid, integration of

25 Jan - Dec 2007 markets as well as trade, sharing of world. In understanding this community and to make a contribution cultural values as well as products, and phenomenon one ought to be also aware towards building a strong and just India. disseminating information as well as of the circumstances governing the kind imparting training. New approaches are of knowledge that the new generation THE RENEWAL OF INDIA on the anvil to raise productivity and to of Indians is producing and circulating. tackle poverty. The information and A visit to work place, research The revolutionary changes in communication revolution has the institutions, cultural and media centers, ideas call for innovative attitudinal and momentum and dynamism to catalyse and interaction with men and women in institutional responses. India needs to and sustain our development efforts. villages and urban centers, dialogues build a participatory and inclusive ethos The roots of this renaissance that we and seminars gives one a clear idea by involving all segments of society. are witnessing today lie in the freedom about confidence levels of young This is surely not too difficult for a movement that strengthened the forces Indians. Young Indians are trying to society which in the past has of democracy and rule of law, of equality reach across cultural divides and successfully accommodated and and individual liberty. understand languages, scientific assimilated different points of view and methodologies, histories and faiths in the religious domain in particular One is reminded of Abraham other than their own. New perspectives created images and institutions for 330 Lincoln, who said in the famous House are being added and these are indeed million gods and goddesses. Divided speech that the United States enriching experiences. of America could not endure half slave India has been living through and half free. It would become all one The respect that a nation-state pluralistic challenge longer than several thing or all the other quite all free or all would command in the global other nations. In terms of faith, well slave. Then he asked, “Have we no community in coming decades would be before the advent of Christianity and tendency to the later condition?” In directly related to its strength in the field Islam in the West and other parts of the contemporary Indian history, Mahatma of modern knowledge. Several of the world, India was a significant playfield Gandhi more than others succeeded in Indian universities and science and of civilisational encounters between accomplishing freedom through non- technology centres are known for their Hinduism, Buddhism and Jainism. Both violent struggle involving common excellence in the world. Judaism and Christianity came to India people. It was in fitness of things that in the first century itself. Islam too the framers of the Indian constitution The most compelling aspect of commenced its entry through coastal unanimously agreed to give all Indians democracy in India today is the rise to towns of the Indian peninsula from the equal rights of franchise irrespective of power of the lower castes and classes 8th century onwards. In the 9th century, sex, caste, creed and religion. In terms such as the dalits and backward classes. when the Zoroastrians of Persia felt that of our democratic and constitutional In response to political pressures from their religion was in danger from the imperatives, every Indian is entitled to castes, communities and regions, seats invading Muslims, they moved to the education and fullest development of in universities and technology and north-west coast of India. Their his personality in terms of his genius. management centres are being enlarged. descendants still live there and are While this will help the universities and The most significant expression of known as Parsis. The birth of Sikhism in science and technology centers in the the 15th century in India had the avowed the new revolution took place in Silicon long run to become more inclusive and Valley of the United States and objective of bringing peace to thus help generate equity and harmony conflicting encounters among Hinduism Bangalore in India. Several Western in society, but threat to culture of scholars have also attributed it to the and Islam. In the last century, when the excellence should not be lost sight of. Tibetans felt a threat to their religion and Indian tradition of toleration and Promotion of excellence in science and innovative problem solving culture, they chose India and a large scholarship should receive equally number of them live here. techniques. The tradition of logic strong attention of all concerned. For and mathematics, imaginative stories of power of modern knowledge has both Multi-culturalism is a basic feature the Bhagavad Gita and other epics in quantitative and qualitative aspects. the making of the Indian mind and of India’s civilisational experience. Multi- competence in English are other sources culturalism as practiced in India is not The number of renaissance men of strength of the Indians. atheistic in character but a combination and women in the country is on the rise. of religions. It was to this aspect of Today, a new kind of knowledge They have courage, intellect and ability communitarian life in India that Mahatma is being produced and circulated based to compete in the world and a significant Gandhi - a devout Hindu - had passages on India’s own traditional knowledge as number of these persons have a strong read from the holy books of all the major well as scientific achievements of the desire to connect with the rest of their religions in his prayer meetings.

Academy Journal 26 Secularism in India as elsewhere positive attitude towards work, speed India’s history. I have found establishes that the State shall be and integrity in taking decisions, inadequacies of the traditional approach neutral in the matter of religion. But multi- willingness to accommodate the claims of ruler-centric narrative of events in culturalism demands flowering of of each other and rule of law. The right understanding my country. I have thus different faiths and belief patterns. to information (Right to Information Act tried to hear the voices of saints and Secularism and multi-culturalism are not -2005) has emerged as an effective mystiques, poets and sculptors, in conflict. It is this openness of the instrument in the hands of common scientists and engineers, farmers and Indian experience that provides basic people to check corruption, fight artisans. I have learnt more from the origination in making of public policy of injustice and make governance common people living in our villages harmony. It establishes that disputes transparent. than others. I have also found that shall be settled through dialogue and folklore and folk tales are as important that there shall be no restriction on flow A silent revolution among Indian in understanding as scientific of ideas to thought processes from women is taking place. A vibrant Indian inventions, economic processes and different parts of the world. democracy has ensured participation of political events. 1.2 million elected women officials. The We are living in a period of great Indian economy is being supported by Gautama Buddha and Mahatma turbulence in India, in our nearly a million active women micro- Gandhi as also epics have convinced me neighbourhood and in the world. credit workers and more than half of the that truth and non-violence occupy Terrorism, Naxalism and insurgencies, workforce in a country of 1 billion people centrality of place among India’s sectarian violence and narrowness, are women. Decentralisation experiences messages not only to her children but politicisation of ethnic, caste and of Panchayati Raj may provide needed also to the people of the world religious ties, and lack of opportunities impetus to eradicate poverty. notwithstanding a long history of are causing enormous distress in our revenge and violence. The message of society. In today’s India, democracy the Mahabharta stressed that revenge supports inclusiveness (notwithstand- led to destruction of almost everyone In recent years, India’s ing polarization on caste and religious including Krishna and his clansmen. The achievements in economic domain is lines) and this would be furthered lesson is obvious that violence and quite impressive. The Indian economy through education and availability of revenge would lead to a lawless society has grown at 6 per cent a year from 1980 internet facilities in the major languages and to a moral and emotional desert. to 2002 and over 7 per cent a year from of India. This will also mean better 2002-2006. The Indian middle class has governance, a more informed society It is in this context that I find one a size of 250 million people. However, and market, and prosperity for our attitude that has greatly contributed to concerted policy action is needed to lift people. the enrichment of Indian life is respect more than 200 million people, for another person’s view of truth with concentrated in Uttar Pradesh, Bihar, We have to create and sustain an hope and belief that he or she may be Madhya Pradesh, Orissa and Rajasthan, environment that will enable and right. This has been best expressed in out of poverty. encourage competition, efficiency and the Rig Vedic hymn which enjoins: inclusiveness. Towards this, we need India’s new economic policy has fresh ideas and new policies and ‘Ekam Sad Vipra Bahudha unleashed creative energy of the programmes based on these new ideas. Vadanti’. [The truth is one, the sages business class along with elimination of And we need boldness and a sense of describe it variously] those interventionist policies which purpose to implement those policies and gave so much discretion to politicians programmes. Dialogue - an essential pre- I imagine this approach of “one and civil servants. There is new requisite of democracy - would ensure truth many expressions” was formulated emphasis on efficiency, productivity that. by our rishis both in order to understand and competition. In this environment, the complexities of natural objects and There can be no one way - there is need to place considerable their inter-relationships and for religions, caste, culture, or linguistic of stress on integrity as well because the harmonious living in society among being an Indian. Pluralism is the Indian psyche still attaches people of many-sided, beliefs and founding principle for building a pan- considerable importance to moral practices and each claiming superiority Indian identity and need not be in values. That integrity in public life is also over the other. conflict with other identities. linked to economic efficiency and transparent work ethic need to be The Bahudha approach not only INDIA OF THE FUTURE accorded special attention. In a broader underlines for equal respect for all points spectrum, efficiency can be promoted by I have been a keen student of of view but it also calls for - and that is

27 Jan - Dec 2007 significant - inculcation of a habit in countervailing forces, the country India in terms of their domination over which one person thinks that the other becomes economically and politically global economy and polity. It was not, person’s point of view may perhaps be more powerful. therefore, out of place when a young right. Understanding the point of view computer programmer of Indian origin, of those with whom one profoundly One can visualize that India would now a British national, commented at disagrees is the first step toward succeed in eliminating acute poverty the end of my lecture at the Nehru learning to create a society which and in giving cohesion to its society and Centre, London on 10 February, 1997, manages such disagreement. The very strength to its polity. India’s dream is that culture may be important but what pluralism argument is a metaphor for the not likely to be of becoming another is more important is that India is going pluralism of India’s civilisation. America with its economic and military to become an economic superpower in and political strength. But it is to be of a the 21st century. I answered that like As one moves around the strong and powerful India keeping its him, I am concerned about poverty, country, one becomes aware of moral vision in terms of its recent history illiteracy, child labour and lack of passionate conviction among the people of freedom movement and its age-old health care facilities in India and that about uniqueness of India’s civilisation civilisation. While religions, ethnic, and economic development is an and its contribution to humanity. The caste ties would thrive, the India of future imperative requirement to overcome all yearning that India should resume its should reflect what the preamble of the these. But the moot point is whether rightful place in the world is also widely Constitution enjoins upon all of us of India is going to imitate the west, and shared. Today, India is both a rich building “a sovereign, socialist, secular become an economic superpower, and civilisation and a democratic nation and democratic republic”. in the process lose its Indianness. It state. “We the people” the Constitution would be sad if that happened as once of India opens, puts it clearly that it is MY INDIA the Indian identity is lost it will be people of India who will decide in times difficult to bring it back. st to come what kind of country India In the first decade of 21 century, would be in future. I wonder as to what kind of India my I do also believe that like grand children and generations to come individuals countries too have their thereafter will have. The emergence of destinies. India’s emergence as a There is a strong desire to make India as a global player in economic and significant global power is full of India both economically and politically political terms in coming years is visible promise. Tomorrow’s India will be a powerful. It is crystal clear that political and along with that greater awareness country free of scourges of poverty and power comes from economic and military of India’s cultural heritage. In 1915 illiteracy. Its age-old cultural strength strength. Contemporary events where Ananda Kentish Coomaraswamy would continue to be renewed as long political ambition of Germany led to the reflected as follows: as Indian society and polity encourage First World War and of Germany, Japan creative minds in literature and arts, and Italy to the Second World War are Each race contributes science and technology, and give vivid reminders of evil consequences of something essential to the world’s primacy to democratic institutions and use of military power. It is in this context civilisation in the course of its own to an approach of inclusive and just India needs to pursue and it rightly does self-expression .... the essential social order. a policy of peaceful coexistence towards contribution of India, is simply her its neighbours. Indianness; her great humiliation I am 65. I am still learning about would be to substitute or to have India. At times, India’s history, its There is new sense of purpose substituted for this own character achievements and failings makes one among the people of India. The great (svahbava) a cosmopolitan veneer, for happy, at times feels one with anger. fact of reality in India today is that it is then indeed she must come before the But I always feel proud not in narrow both strong and weak. The growing world empty-handed. sense of nationalism which in itself is economy, liberal political democracy significant but in the wider sense of and professional armed forces are The developments in India values that India provides to her adding to India’s economic and political particularly since 1947 give me children: a simple living, family ties strength almost on a continuing basis confidence that in the new millennium including marriages, tolerance for and yet India’s weakness lies in India will not face the world empty- points of view of others, spiritual persistence of lawless elements like handed either in terms of civilisational quest and respect for ecology. This terrorism, insurgency and naxalite attainments or economic strength. journey of understanding India is violence as well as in religious divides. Several persons have viewed recent always absorbing and full-stop is not in As India succeeds in controlling these rapid economic growth in China and sight.

Academy Journal 28 RIGHT TO INFORMATION AND FREEDOM OF SPEECH

Romen Kumar Singh “Truth, fact, is the life of all things; falsity, “fiction” or whatever it may call itself, is certain to be the death.”- CARLYLE ‘Lead us from untruth to truth’, is a spiritual message to Vedic vintage, for, without realizing Truth, humanity never rises to its due diversity and soon descends to . the Status of Slave

No democratic Government Government must be the rule, and can survive without accountability secrecy an exception, justified only and the basic postulate of where the strictest requirement of accountability is that the people public interest so demands. should have information about the functioning of the Government . . . that Justice V.R. Krishna Iyer in S.P. an open society is the new democratic Gupta v. Union of India, 1981 Supp SCC culture towards which every liberal 86 observed that the right to express democracy is moving and our society one’s thought is meaningless if it is not should be no exception. The concept accompanied by a related right to secure of the open Government is the direct all information on matters of public emanation from the right to know concern from relevant public which seems to be implicit in the right authorities. However, to ensure that of free speech and expression there is no misinterpretation, there may guaranteed under Article 19(1)(a). be no harm in inserting freedom of Therefore, disclosure of information in information as a specific corollary to regard to the functioning of the Article 19 of the Constitution.

29 Jan - Dec 2007 RIGHT TO INFORMATION Parliament and became Freedom of held by or under the control of any GAINING MOMENTUM Information Act, 2002. This Act is public authority. This right includes the enacted to provide for freedom to every right to inspection of work, documents, Right to information was citizen to secure access to information records, taking notes, extracts, or recognized by international documents under the control of public authorities, certified copies of documents or such as, Universal Declaration of Human consistent with public interest. It aims records, taking certified samples of Rights, 1948, International Covenant on to promote openness, transparency and material and obtaining information in the Civil and Political Rights, 1966, and accountability in administration. form of floppies and diskettes or any European Convention on Human Rights other electronic mode. This right is and Fundamental Freedoms. Following The Freedom of Information Act, limited to only individual citizens of the judgment of the Supreme Court in a 2002 could not come into force for want India, which excludes the foreigners and case as reported in Dinesh Trivedi v. of notification by the Central the companies. Companies or Union of India, 1977 (4) SCC 306 in Government. This Act only provided for corporations, however, can avail this which it has been held that the right to freedom to access information but did right only through individuals who information is as much a fundamental not provide any rightful entitlement with constitute their management. right as the freedom of speech, the right respect to securing information. This Act to information is gaining momentum. is, therefore, repealed and replaced by Realising the importance of this right as DEFINITION OF INFORMATION Right to Information Act, 2005. This Act emphasized by the Supreme Court giving is an attempt in the direction of The Act defines information as new perspective of this right and need achieving the goal of promoting any material in any form including to provide transparent and accountable transparency and accountability in the records, documents, memos, e-mails, governance, the Government of India working of every public authority. This opinions, advices, press releases, passed the Right to Information Act, Act turns into reality the right of citizens circulars, orders, logbooks, contracts, 2005. The basic premise is that the to secure access to information under reports, papers, samples, models, data informed citizenry and transparency of the control of public authorities. material held in any electronic form and information is necessary to contain information relating to any private body corruption and make the government which can be accessed by a public IMPORTANT FEATURES OF THE accountable. authority under any other law for the ACT RIGHT UNDER THE ACT time being in force. LEGISLATIVE HISTORY The preamble of the Act delineates the extent to which The definition of information and A conference of Chief Ministers information could be made available or Section 4 of the Act shows that the was held on 24th May 1997 at New Delhi withheld. It recognizes the conflict information relating to administration, on “Effective and Responsive inherent in providing information to the third party information and information Government”. It was unanimously felt public as it may, at times, be at odds with about an individual relating to public in the conference that time has come to other public interest including efficient activity while not invading privacy may enact a law on ‘right to information’ so operation of the government, optimum be obtained as a matter of right. as to make the government more use of limited fiscal resources and the However, information relating to transparent and accountable to the preservation of confidentiality of personal information having no relation public. The Parliamentary Standing sensitive information. This recognition to any public activity or interest that Committee on Home Affairs in its 38th of conflict, however, does not undermine causes unwarranted invasion of privacy report also recommended for the the importance of democratic ideal of of individual cannot be sought if the enactment of such a legislation. Finally, ensuring transparent and accountable information officer feels that the larger the Government of India appointed a government. In view of this, the Act public interest justifies the non- working group to examine the feasibility seeks to provide for furnishing ‘certain’ disclosure of such information. It may and need for a full-fledged Right to information. be submitted that the information Information Act in order to promote open regarding third party and the private and responsive government. The THE ACT CONTAINS 30 institutions so far as it affects the public working group submitted its report SECTIONS AND 6 CHAPTERS and which concerns the government along with a draft Freedom of may be sought. For instance, one may Information Bill to the Government. The This Act supplies the statutory seek information regarding enforcement draft bill was subsequently deliberated basis for right to information, which of labour laws by private institutes or upon by the group of ministers, the final means all the citizens have a right to compliance with environmental laws, outcome of which was introduced in the information accessible under this Act, etc. In such cases, the information

Academy Journal 30 officer is liable to procure the information being so, these colleges certainly mentioned in section 3 is not from the institution concerned and answer the definition of “public circumscribed by section 4 at all. supply the same to the applicant. The authority” under section 2(h) of the Act. Obligations laid down under section 4 matters already known or notified cannot are to be compulsorily performed apart be sought as a right. The information The Court further held that when from the other liability on the part of the sought may relate to present as well as the Act makes the same applicable to public authority to supply information up to 20 years in the past. “public authorities” as defined therein available with them as defined under the there is no need to give a restricted Act subject of course to the exceptions meaning to the expression “public APPLICABILITY OF THE ACT laid down in the Act. The information authorities” straight-jacketing the same detailed in section 4 has to be The preamble of the Act does not within the four corners of “State” as compulsorily published by the public indicate that purpose of the Act is to defined in Article 12 of the Constitution, authority on its own without any confine its applicability to government especially keeping in mind the object request from anybody. Further, there is and instrumentalities of government. behind the Act. The definition of “public no indication anywhere in the Act to the Applicability of the Act is to be authority” has a much wider meaning effect that the ‘information’ as defined determined based on provisions of than that of “State” under Article 12. in section 2(f) is confined to those statute also. Applicability is not Further, the definition of “State” under mentioned in section 4 of the Act. confined to bodies answering definition Article 12 is primarily in relation to Therefore, it cannot be held that only of “State” under Article 12 of the enforcement of fundamental rights information mentioned in section 4 need Constitution of India. In a case as through Courts, whereas the Act is be supplied to citizens on request. reported in M.P. Varghese v. Mahatma intended at achieving the object of Gandhi University, AIR 2007 Kerala 230, providing an effective framework for PUBLIC AUTHORITIES TO the Kerala High Court held that for effectuating the right to information SUPPLY INFORMATION recognized under Article 19 of the coming within the definition of ‘public Section 5 mandates the public Constitution of India. authority’ either control or financing by authorities to designate some of its Government need be satisfied. In this officers as Central/State Public case, both the conditions are satisfied. INFORMATION TO BE SUPPLIED Information Officers and Assistant The aided private colleges are bodies NOT CONFINED TO THE Information Officer as the case may be controlled and substantially financed INFORMATION MENTIONED IN at each sub-divisional or sub-district directly or indirectly by the funds SECTION 4 level within 100 days of the enactment provided by appropriate Government. of this Act. The assistant officers are to Information to be supplied under Further, these colleges deal with receive application for information or this Act is not confined to those information relating to educational appeals under this Act to forward it to mentioned under section 4. Apart from activities pertaining to students who pay the Central/State Information Officers. those mentioned in section 4, fees to the Government and teachers and The information officers are designated information can also be supplied by staff whose salaries are paid by the from the existing officers in the public public authority, nationalized bank in Government. When these colleges are authorities. financed and controlled by the respect of employees of that public Government and Universities and they authority. In a case as reported in Canara The right to information would not are privy to information relating to Bank v. Central Information Commission, become a reality if the information students and staff, those informations Delhi, AIR 2007 Kerala 225, the Kerala officers were left without any aid and do not have the character of private or High Court held that the information assistance. The information officers may sensitive information, the public have a required to be supplied by a public seek assistance of any other officer for right of access to such information so authority to a citizen on request are not proper discharge of his/her duties, who as to ensure transparency in the conduct confined to the information mentioned is under an obligation to render all of the management of the colleges in in section 4. That section only casts assistance. For the purposes of any which the public are vitally interested. certain obligations on public authorities contravention of the provisions of this Denial of such information would be for maintaining records and publishing Act, such officer shall be treated as a against the very object of the statute. the particulars mentioned therein. That Central/State Public Information Officer. Essentially much of these informations does not amount to laying down that only those information which the public relate to students, teachers, and staff of ENTITLEMENT TO INFORMATION these colleges, and not to any authority are required to publish under information to any private activities of section 4(b) alone need be supplied to In a case as reported in B. Bindhu the managements of the colleges. That the citizens on request. The information v. Secretary, Tamilnadu Circle Postal Co-

31 Jan - Dec 2007 op. Bank Ltd., Chennai, AIR 2007 Mad information available. However, in other section (1) or only for clause (j). 13, where the petitioner submitted an instances, the information officers have Considering the generality of proviso, application for post of Clerk in the powers to assess the comparative it may be submitted that it is applicable respondent Bank, being not reached weight of the public interest in to the entire sub-section. Moreover, it within stipulated time, was not disclosing and withholding of makes sense not to distinguish between considered by Bank for appointment. information. Where the disclosure of an ordinary citizen and his The same was communicated to the information prejudicially affect the representation in Parliament or State petitioner. Petitioner never challenged sovereignty and integrity of India, the Legislature as far as supply of the said communication. In such case, security, strategic, scientific or information is concerned. It may, the Madras High Court held that she was economic interests of the State, relation however, be argued that if the Parliament not entitled to details of recruitment of with foreign State or lead to incitement wanted this provision to be applicable clerical post as sought for by her under of an offence or is expressly forbidden to the entire section rather than clause provisions of Right to Information Act. to be published by any Court of law or (j), it may put this provision in the next tribunal or the disclosure constitutes sub-section as is the case with another PERSONS SEEKING INFORMATION contempt of Court or causes a breach of rider in sub-section (2). IS NOT REQUIRED TO GIVE privilege of Parliament or State This renders the entire exemption REASON FOR INFORMATION HE Legislature or impede process of clause subject to two important riders – SEEKS investigation or endangers the life or physical safety of any person. Besides (i) all the information that can be The provision of section 6 of the information received in confidence from communicated to the Parliament and Act does not obligate the person foreign government or that identifies the Legislature cannot be denied to the seeking information to give reason. In a source of information of assistance applicant by the information officer and case as reported in Surupsingh Hrya given in confidence for law enforcement (ii) notwithstanding anything in the Naik v. State of Maharashtra, AIR 2007 or security purpose shall be exempted Official Secrets Act, 1923 and all these Bom 121, the Bombay High Court held from the disclosure. Whereas the exemptions, the public authority may that a consideration of provisions of Act information relating to commercial allow access to information if the public would indicate that ordinarily the confidence, trade secrets or intellectual interest in disclosure outweights the information sought for by a person must property, the disclosure of which will harm to the protected interests. be made available and such person need harm the competitive position of a third not give reasons for the information he party or made available in a fiduciary RIGHT TO INFORMATION ACT seeks. Another important aspect of the relationship or relating to personal PREVAILS UPON THE INDIAN matter is that in respect of information information having no relationship to MEDICAL COUNCIL (PROFESSIONAL relating to a third party the concerned any public activity or interest but causes CONDUCT, ETIQUETTE AND Public Information Officer must give invasion of the privacy may not be ETHICS) REGULATIONS, 2002 notice to the third party and if such third disclosed unless the authority is party makes submissions then to satisfied that larger interest warrants the In a case as reported in consider the said submissions. The test disclosure of such information. There is Surupsingh Hrya Naik v. State of always in such matter is between private a third kind or clause wherein the cabinet Maharashtra, AIR 2007 Bom 121 where rights of a citizen and the right of third papers including records of the Council one MLA of the State of Maharashtra person to be informed. The third person of Ministers, Secretaries and other was sentenced to one month’s need not give any reason for his officers cannot be disclosed but the imprisonment in contempt proceeding. information. Considering that, it can be decisions of the cabinet may be He was spending most of the period of said that the object of the Act, leans in disclosed after the decision is taken imprisonment in air conditioned comfort favour of making available the records along with reasons and material on the in hospital. Application was filed by in the custody or control of the public basis of which decision is taken. private citizen seeking information authorities. regarding medical report of the MLA There is proviso after clause (j) of during the period of imprisonment. The public authority refused to give EXEMPTION FROM DISCLOSURE sub-section (1) of section 8, which says that the information, which cannot be information based on the provision The Act provides for around ten denied to the Parliament or a State under regulation 2.2 of the Indian exemptions against the disclosure of Legislature, shall not be denied to any Medical Council (Professional Conduct, information out of which six are absolute person. By virtue of the peculiar place Etiquette and Ethics) Regulations, 2002 where there is no option for the public of the proviso, it is slightly confusing providing for secrecy of medical report information officer but to refuse to make whether the proviso is for the entire sub- of patient. In this case Bombay High

Academy Journal 32 Court held that Right to Information Act convention being recognized by law functioning of the bank and to contain being an enactment by Parliament would duly enacted, the provisions of the corruption so as to hold the bank which prevail over the regulations framed convention cannot really be enforced. is an instrumentality of the State, under the Indian Medical Council Act, The only other way the convention accountable to the people, which are the 2005. Thus, it is within competence of can be enforced is, if it can be read avowed objects of the Act, as Public Information Officer to disclose into Article 21 of the Constitution. proclaimed in the preamble to the Act. such information. Similar view was also taken by the Supreme Court as reported in Union DISCLOSURE OF INFORMATION GENEVA CONVENTION 1948 of India v. Azadi Bachao Andolan, RELATING TO TRANSFER OF CANNOT BE ENFORCED IN THE (2004) 10 SCC 1 in which the Supreme EMPLOYEE OF BANK DOES NOT ABSENCE OF ENACTMENT Court held that treaty should have CAUSE UNWARRANTED INVASION been translated into an Act of OF PRIVACY TO OTHER In the instant case information Parliament to enforce it in a court of EMPLOYEES regarding medical report of convict law. admitted to hospital during period of The Court further held that the imprisonment was sought under Right information mentioned in section 8(1)(j) INFORMATION RELATING TO to Information Act. Said information is personal information which are so POSTING, TRANSFER AND was sought to be refused by placing intimately private in nature that the PROMOTION CANNOT BE reliance on the Declaration of Geneva disclosure of the same would not WITHIN THE KEN OF EXEMPTION Convention (1948) adopted by the 2nd benefit any other person, but would General Assembly of the World In Canara Bank v. Central result in the invasion of the privacy of Medical Association, Geneva, Information Commission, Delhi, AIR that person. In the instant case, Switzerland, September, 1948 and as 2007 Kerala 225, where the information without the information requested for amended thereafter. Under this requested for by the employee of the employee of nationalized bank convention, there is a provision Nationalised Bank relates to transfer and would not be in a position to pertaining to right to confidentiality promotion of employees of the bank. effectively pursue his claim for transfer of information about the patient’s Such information does not pertain to in preference to others. On the other health status, medical condition, any fiduciary relationship of the hand, the disclosure of information diagnosis, prognosis and treatment petitioner bank with anybody coming relating to transfer of employees of and all other information of a personal within the purview of section 8(1)(e). bank would not cause unwarranted kind with the exception that The information relating to posting, invasion of privacy of the other descendants may have a right of transfer and promotion of clerical staff employees in any manner insofar as access to information that would of a bank do not pertain to any fiduciary that information is not one which inform them of their health risk. relationship of the bank with its those employees can keep to Otherwise the confidential information employees within the dictionary themselves. If the employee seeking can only be disclosed if the patient meaning of word ‘fiduciary’, such information is to contest that the gives explicit consent or as expressly information cannot be said to be held in transfers made are in violation of his provided in the law. Clause 10 refers trust by the Bank on behalf of its rights for preferential transfer, he to right to dignity. Even if India is a employees and therefore, cannot be necessarily should have the signatory to the said declaration, exempted under this section 8(1)(e). In information which cannot be withheld Parliament has not enacted any law fact, without knowing this information, from him by resort to section 8(1)(j). making the declaration a part of the one employee cannot know his rights More importantly, the proviso to the Municipal Law. It is well settled that vis-à-vis other employees. In this section qualifies the section by stating in the absence of Parliament enacting connection, it has to be noted that one that information which cannot be any law adopting the convention, the of the information requested for is denied to the Parliament or a State convention by itself cannot be transfer guidelines pertaining to clerical Legislature shall not be denied to any enforced. It is only in the area of staff. Any member of the staff of the bank person. By no stretch of imagination Private International Law, in is, as of right, entitled to know what are can it be held that the information jurisdictions like Admiralty/Maritime, those guidelines, even apart from the requested for relating to transfer of that international conventions are Right to Information Act. Further, these employees of bank are information enforced based on customary usage informations have necessarily to be which can be denied to the Parliament and practice. That, however, will be divulged if we are to have an informed and a State Legislature. In fact that subject to the Municipal Law if there citizenry and transparency of proviso effectively nullifies the impact be any. In the absence of the information which are vital to the of the main provision to a great extent.

33 Jan - Dec 2007 SECTION 8 OF THE ACT DOES public body. Therefore, section 11(1) of State cannot be allowed to plead that it NOT EXEMPT VOLUMINOUS the Act, 2005 gives mandate to Public be permitted to have a single member INFORMATION FROM DISCLOSURE Information Officer to give written notice Commission on the ground that the work to third party if he intends to disclose is less or that it would lead to The Court further held that it is information relating to third party. unnecessary expenses. not as if every day the bank transfers clerical staff. At the most, transfers The Court further held that time POWER OF THE INFORMATION would be only once in a year. In a bound schedule given under the Act COMMISSION request made by the employee of does not oust right of hearing vested in nationalized bank for information, he has third party before imparting information In a case as reported in Reliance specifically stated that the information to the applicant. Principles of Natural Industries Ltd. v. Gujarat State which he requires is in respect of clerical Justice are not diluted by time bound Information Commission, AIR 2007 Guj. staff transferred to particular District of schedule given under the Act. 203, the Gujarat High Court held that the Canara Bank for the period from 2002 power of the Information Commission to 2006. Such information for a period of under section 18 is limited to hold STATE INFORMATION COMMISSION five years cannot be said to be that enquiry into complaint and if necessary, CONSTITUTED UNDER SECTION voluminous requiring tremendous to impose penalty. Information 15(2) OF THE ACT SHOULD BE manpower and time. In any event, when Commission has no jurisdiction to pass MULTI MEMBER BODY AND NOT the act does not exempt voluminous order directing authority to part with SINGLE MEMBER BODY. IT HAS information from disclosure, the Bank information. cannot deny such information on that TO CONSIST OF CHIEF INFORMATION COMMISSIONER ground. THE ORDER OF SUCH AND AT LEAST ONE ST A TE INFORMATION COMMISSION IS INFORMATION COMMISSIONER. DISCLOSING INFORMATION AMENABLE TO CERTIORARI RELATING TO THIRD PARTY In a case as reported in Virender JURISDICTION OF HIGH COURT UNDER SECTION 11 Kumar v. P.S. Rana, AIR 2007 H.P. 63, the Division Bench of the High Court Such Information Commission is Public Information Officer should held that the way section 15(2) has been exercising judicial powers and as such, give opportunity of personal hearing to worded shows that legislature intended it is a tribunal. The order of Commission third party before disclosing information and the Act provides that the State is amenable to certiorari jurisdiction of relating to him. In a case as reported in Information Commission should be a High Court under Article 226 of the Reliance Industries Ltd. v. Gujarat State multi Member Body consisting of one Constitution of India. In a case as Information Commission, AIR 2007 Guj State Chief Information Commissioner reported in Poornaprajna House Building 203, the Gujarat High Court held that it and at least one State Information Co-operative Society Ltd. v. Karnataka is duty vested in the Public Information Commissioner. In case the intention of Information Commission, AIR 2007 Kar. Officer to give an opportunity of the State was otherwise, the section 136, the Karnataka High Court held the personal hearing to the third party, to could have been worded in a different Commission while exercising the power get his submission whether he treats the manner altogether. No doubt, the State u/s 19(3) of the RTI Act is provided with information as confidential and whether has been given the discretion to appoint the judicial powers to deal with the information should be disclosed, if the as many State Information dispute between the parties and information is relating to or is supplied Commissioners as it deem necessary, but determine them on merits fairly and by the third party. this number cannot be less than one and objectively. Judicial power is defined as cannot exceed ten. The State has no the power to examine questions When public body collects the discretion not to appoint any State submitted for determination with a view information relating to or given by third Information Commissioners. The State to the pronouncement of an party, it might not have been treated as Information Commission has to consist authoritative decision as to the rights confidential but third party can make a of the Chief Information Commissioner and liabilities of one or more parties. The submission that now it is treating the and at least one other member. Commission is a Tribunal entrusted with said information as confidential. More the task of adjudicating upon special so, when information is relating to third Further, if under the provisions of matters and disputes between the party it may not even be known to that the Act it is the mandate of Parliament parties. It is clear from the various third party, when and what information that the State Information Commission provisions of RTI Act that the relating to third party, was collected by should be a multi member body then the Commission is a tribunal vested with

Academy Journal 34 appellate power to decide the appeals. THE STATE INFORMATION tribunal, which is ordinarily outside the An appeal in legal parlance is held to COMMISSION IS NOT DIRECTLY appellate or the revisional jurisdiction mean the removal of cause from an SUBORDINATE TO THE HIGH of the Court and the order is set aside inferior subordinate to a superior COURT on the ground that the tribunal or tribunal or forum in order to test and authority acted without or in excess of The Court further held that the scrutinize the correctness of the jurisdiction. If such a tribunal or Commission cannot be equated to a civil impugned decision. It is settled that authority is not made a party to the writ, Court. The Commission is neither any authority or body of persons it can easily ignore the order of the High directly subordinate to the High Court constituted by law or having legal Court quashing its order, for not being a not its orders are subject to appellate authority to adjudicate upon party, it will not be liable to contempt. or revisional jurisdiction of the High questions affecting the rights of a Court. The Commission is not even under subject and enjoined with a duty to the administrative control of the High CONCLUSION act judicially or quasi judicially is Court. Therefore, Commission is a amenable to the certiorari jurisdiction No nation can live in isolation and necessary party to the writ proceedings of the High Court. Similarly, Article 227 informational invasion can easily because in its absence, an effective of the Constitution confers on every generate social tension and even order cannot be made. The presence of High Court the power of pressurize the shaping of policies in the Commission is necessary for a superintendence over all Courts and support of multinationals to the complete and final decision on the tribunals throughout the territories in detriment of self-government. question involved in the proceedings relation to which it exercises Therefore, we must beware of and cannot seek deletion of its name jurisdiction excepting any Court or transitional communication empires and from the array of the parties in writ tribunal constituted by or under any create mechanism of informational petition. law relating to armed forces. Thus, the swaraj committed to truth, equality and orders of the Commission are amenable In case of a writ petition, a writ of justice. to the jurisdiction of the High Court. certiorari is issued to quash the order of

A smooth sea never made a skilful mariner, neither do uninterrupted prosperity and success qualify for usefulness and happiness. The storms of adversity, like those of the ocean, rouse the faculties, and excite the invention, prudence, skill, and fortitude of the voyager. The martyrs of ancient times, in bracing their minds to outward calamities, acquired a loftiness of purpose and a moral heroism worth a lifetime of softness and security.

Anon

35 Jan - Dec 2007 VICTIMS OF GENDER BASED CRIMES IN INDIA - A VICTIMOLOGICAL PERSPECTIVE

S Ramdoss

INTRODUCTION States, including those laws proscribing criminal abuse of power”. The crimes that are committed exclusively against women are termed According to the above as gender based crimes viz. dowry death definition a person may be considered or harassment, rape, molestation etc. The as victim, regardless of whether the sufferers of such crimes are known as perpetrator is identified, apprehended, victims. As per the United Nations prosecuted, convicted and regardless Declaration of the Basic Principles of of the familial relationship between Justice for Victims of Crime and Abuse the perpetrator and the victim. of Power, 1985, “ Victims of Crime’ means - “persons who, individually or collectively, have suffered harm, CRIME AGAINST WOMEN . including physical or mental injury, Gender based crimes or crimes emotional suffering, economic loss, or against women are generally classified substantial impairment of their into two broad categories viz., (i) The fundamental rights through acts or crimes under the Indian Penal Code omissions that are in violation of (IPC) and (ii) The crimes under the criminal laws operative in Member Special and Local Laws (SLL).

Academy Journal 36 (i) The IPC Crimes Local Laws such as Indecent 3. Procuration of minor girls (for Representation of Women inducement to force or seduce, to 1. Rape (prevention) Act, and Dowry illicit intercourse) 2. Abduction Prohibition Act have shown an 4. Selling of girls for prostitution 3. Dowry death increasing trend. It is established from 5. Buying of girls for prostitution 4. Torture the figures shown in the above table that gender based crimes are 5. Molestation 6. Rape increasing. 6. Sexual Harassment and The abovementioned crimes are 7. Importation of Girls CRIME AGAINST GIRL CHILDREN punishable under the Indian Penal Code. Besides, these IPC crimes, there are (ii) SLL Crimes There are certain types of crime several crimes against female children 1. Immoral traffic that are committed against the girl punishable under the Special and Local children - this may also be termed in this Laws. They are: 2. Sati article as ‘gender based crime’ rather the 3. Indecent representation of crime against children as these crimes 1. Child Marriage Restraint Act women are done against female children/ 2. Immoral Traffic Prevention Act 4. Dowry gender. The following crimes are the 5. Child marriage gender-based crimes against children. Gender based crimes against children, i.e. female children occurred 1. Foeticide (crime against being born) The trends of gender based crime during 2000 -2004 have been shown in victimization have been presented in the 2. Infanticide (crime against bora the above table. Certain crimes against

following table. child) female children have shown an Trends of Crime Against Women During 2000 - 2004 increasing trend such as rape, kidnapping, procuration of minor girls, S .N o. Types of Crime Y e a r selling of girls for prostitution and child 20 00 2001 2002 2003 2004 marriage. From the above figures it is 1 R ap e 16496 16075 16373 15847 18233 concluded that gender based crimes 2 A bd u c tio n 15023 14645 14506 13296 15578 3 Dowry death 6995 6851 6822 6208 7026 against children are also increasing. 4 T o rtu re 4 577 8 4 91 7 0 49 237 50703 58121 However, the crime figures shown here 5 Molestation 3 294 0 3412 4 33943 32939 345 67 are only one - third of the total of gender 6 Sexual harassment 11024 9746 10155 12325 10001 based crimes committed in India. The 7 Importation of girls 6 4 11 4 7 6 4 6 89 remaining cases were never been 8 Sati Prevention Act 0 0 0 0 0 reported to the police. Such unreported 9 ITPA 9515 8796 11242 5510 5748 crimes are known as ‘ dark figures’ or 1 0 Indecent RoW 6 62 1052 2508 1043 1378 “hidden criminality’. Crime victim 1 1 Dowry Prohibition Act 2 876 3222 2816 26 84 ^ 5 9 2 surveys need to be conducted to obtain

The above table reveals the the actual number of gender based number of crimes committed against crimes committed in India. women during the period 2000 - 2004. Trends of Crime Against Girl Children During 2000 - 2004 Gender based crimes alone have been depicted in the above table and crimes S.No. Types of Crime Year such as murder, robbery, etc where 2000 2001 2002 2003 2004 women were found to be victims were 1 Infanticide 104 133 115 103 102 not included. It is clear from the above 2 Rape 3132 2113 2532 2949 3542 table that gender based crime 3 Kidnapping 711 2845 2322 2571 3196 victimization shows an increasing 4 Foeticide 91 55 84 57 86 trend. Crimes punishable under the 5 Procuration of minor girls 147 138 124 171 205 6 53 06 09 24 21 Indian Penal Code such as rape, Buying of girls for abduction, dowry death, torture, prostitution 7 15 08 05 36 19 molestation, importation of girls, have Selling of girls for been increasing over the years. Crimes prostitution punishable under the Special and 8 Child Marriage Restraint Act 92 85 113 63 93

37 Jan - Dec 2007 THEORETICAL EXPLANATIONS stics include small size, physical The criminal accordingly prefers OF THE CRIME VICTIMIZATION weakness, and psychological problems. victims who, for peculiar reasons, after There are several theories that Gratifiability refers to characteristics that suffering damage cannot breathe a word explain how and when the crime increase risk because they are qualities, of it. Why should any victim set silence victimization occurs. General theories of possessions, skills, or attributes that the above retaliation? Criminal prosecution crime victimization have focused on offender wants to take, use, or entails publicity. This publicity may be situation as well as individuals (Meier manipulate. These characteristics unwelcome for two reasons. Either it and Miethe, 993). According to the include valuable possessions or, in the would do harm to the social status, lifestyle - exposure approach case of sexual assault, a potential marital security, or other vital condition (Hindelang, Gottfredson, and Garofalo, victim’s gender. Antagonism refers to of the victim or the victim is a criminal or 1978), some situations (places and times) characteristics that increase risk a delinquent himself/herself and thus are more dangerous than others, and because they provoke anger, jealousy, unable to set the mechanisms of the individuals whose activities, through or destructive impulses. state in operation without himself work, school, or leisure, put them in coming too close to the crime - these situations are more likely to be A good example of a factor that repressing agencies. This applies to the crime victims. In most cases. individuals increases an individual’s chances of prostitutes who are sexually assaulted who spend more time in public places being victimized is intoxication. by anti - socials and at times by the men run higher risk of victimization than Research on sexual assault indicates in uniform. These women seldom report those who spend more time at home that alcohol consumption increases the about this kind of exploitation rather (Felson, 1998). likelihood that an individual will become they prefer to suffer in silence. an offender (Scully and Marolla, 1984), Miethe and Meier (1994) have and alcohol consumption by victims According to Hentig (1948), since suggested a structural - choice theory increases their risk of being raped the practices of birth control and of victimization. According to this, there (Harrington and Leitenberg, 1994). abortion have gained ground the old are structural factors that place people Victimization risk increases for women crime of infanticide has become rather at different levels of risk, but within a who drink alcohol because drinking rare. The victims were mostly illegitimate particular level of risk, some people are decreases resistance. Women who are children. On the contrary to this view of still more likely to be targeted as victims. drinking seem less likely to quickly and Hentig. even today, in a number of states According to Miethe and Meier (1994), clearly state that they do not consent to in India, the practice of killing female proximity and exposure to crime are the sexual activity. They may also be less babies continues to exist. structural factors that determine the aware that men are interpreting their overall level of risk. Several scholars behaviour as indicating consent. In a TRAFFICKING survey of female undergraduates who, have suggested that victims may Many young women in search of since the age of 16, had been victims of sometimes precipitate their own a career and independence come to the sexual aggression involving force or the victimization. What constitutes cities from small towns, where they are threat of force by acquaintances (25% precipitation varies depending on the met by many undesirable characters at of the sample), Harrington and type of violent crime involved. Amir the railway stations and bus stands are Leitenberg (1994) found that 55% of the (1971) examined police reports of rape taken to homes of questionable repute victims were at least partially intoxicated in Philadelphia and found high rates of and brothels. What the girls expect and at the time of the sexual assault. These victim precipitation. what happens to them are entirely women were likely to use lower levels of different (Diaz, 2000). Rather than arguing that victims resistance than women who were not at precipitate their victimization, Finkelhor all intoxicated. and Asdigian (1996) asserted that three DOWRY DEATH types of victim characteristics viz., Often victims seem to be bom. Dowry deaths as a form of violent vulnerability, gratifiability, and Often they are society - made. This is crime against women continue to occur, antagonism, increase individuals” true as far as women victims of crime are inspite of the many legal provisions likelihood of victimization because these concerned. Hentig (1948) observed that which inflict severe punishments on personal characteristics are congruent some crimes require personal contact, those involved in such cases. Many with the needs or motives of offenders. first for the approach and preparatory women become victims of unscrupulous Vulnerability refers to characteristics moves, then for the execution. This view “ in - laws’” and commit suicide. that increase risk because they reduce of Hentig was confirmed by the results Therefore, there is a need to educate the potential victim’s ability to resist or pertaining to the offence of rape by parents and the society about the ill - deter victimization. These characteri- acquaintance/known persons. effects of giving and taking of dowry

Academy Journal 38 and also the ensuing after - effects of victims known to the offenders. As per the woman’s approval (real or presumed) violence if this dowry is not given or the Crime in India - 2004 more than 85% for a sexual intercourse with the given taken. Educated girls should also be of the cases of rape were committed by partner or an approval for a contact counseled to stand up for their rights in the offenders known to the victims. excluding a sexual intercourse. The most such contexts and carve out a useful life frequent form of the victim’s conscious for themselves (Diaz, 2000). The victimologic interaction is a behaviour is according to many authors’ process in which there is observed indiscretion or recklessness. It includes Walker (2000) stated that victims actual harm or direct threat of the victim entering in acquaintance with men met of spousal abuse gradually become in the result of the offender’s action or by chance, going with them in an immobilized by fear and believe they renunciation in the conditions of causal isolated place (for instance a park) and have no other options. This fear and nexus between his activity and the also similar women’s behaviour perceived lack of options make battered sustained harm. It is a system of (Jablonska et al, 1976). women stay in their abusive situation factors influencing one relationships. another, individual features of a person Studies with rape victims reveal or a social group to which it belongs. that many victims continue to manifest Falandysz (1987) said that as far Depending upon the determination PTSD (Post Traumatic Stress Disorder) as the problem of the relationship degree of the decision to commit an more than a year following the assault between the offender and the victim is offence on the side of the offender, and (Calhoun et al., 982; Kilpatrick and concerned the situation seems to be depending upon the victim’s activity, the Resnick, 1992; Kilpatrick et al., 1981). In same. Criminologists discovered the above-mentioned elements occur in the addition, although these rape victims” familiar character of homicide by forms of susceptibility, contribution and negative psychological symptoms observing that it occurs mostly inside provocation (Falandysz and Holys, decreased over time, victims still had of a family or among the people being 1975). significantly higher distress levels close or at least known to the offender. compared to women with no history of The long. persistent conflict between Violent reaction in the form of rape at the 1 year follow - up (Kilpatrick the people finally involved in a homicide battery was increased by alcoholic et al., 1981). case seems to be the most important intoxication of the persons participating criminogenic factor of this kind of in the interaction. Kubala (1987), in a The problems of the victims of violent crime. It should be also study found that in 9 cases both the rape are varied relating to physical, mentioned that some Polish studies on victim and the offender were intoxicated, social, emotional, medical, legal and forcible rape have shown a considerable in 1 1 cases - only the offender, in 3 cases psychological dimensions. Rape is the percentage of victims known to the the v ictim. . most serious offence against the dignity offenders. and modesty of a woman and it leaves RAPE VICTIMIZATION the stigma for ever over the victim. Rape The two things mentioned in the is a heinous crime of aggression. It is a above paragraph apply to the Indian Sexual offences, especially rapes, total attack against the whole person, situation as well i.e. the long persistent are very often examples of anti - affecting the woman’s entire personality conflict between the people finally victimologic attitude in science and and social identity. Rape is a humiliation, involved in a homicide. This reflects the practice (Weis, 1978). Especially some dehumanization, and violation of self- cases of dowry deaths that occur in theoretical studies illustrate in what way determination, a heinous attack on the India. Dowry death does not occur Victimology can become an art of woman’s personhood. suddenly, it occurs at the end of the long accusing harm and additionally insult of and persistent conflict between the the victims (Weis and Weis, 1978). After the rape, the woman is faced bride and the groom and his family with the conflicting problem of relating members over the payment of dowry. The forms of the victim’s the incident - whether or not to tell any The bride has lo suffer all sorts of abuse participation in the offence of rape are: one about the rape, to whom it should and harassment from the groom and the contribution, provocation, indiscretion be told and what information should be members of the groom’s family, if she or recklessness. Most often conveyed and what to with hold. Each fails to fulfill the dowry demands. contribution occurs in the form of the choice is associated with varying degree Another important criminogenic factor victim’s visit in the offender’s flat, (in of mental agony. The final option may is that of a rape by known person. The many cases the acquaintance is new), be the best among miserable recent Crime in India reports confirm the no protest against sexual behaviour of alternatives. The fear of pregnancy and results of the Polish studies on forcible the future offender. Provocation venereal disease add to the raped rape that considerable percentage of includes several activities suggesting woman’s mental agony. Even the father/

39 Jan - Dec 2007 husband may question the raped period between 1993 and 1998, almost • Awareness programs should be woman’s honesty. The knowledge of half of the women who were victims of conducted to prevent gender rape may cause disorder or break in the intimate partner violence were based crime victimization in family life. The raped woman who physically injured. About 40% of those different places such as reports to the police is often further who were physically injured sought workplaces, educational traumatized and humiliated. Psycholo- medical treatment for their injuries institutions, and grassroots levels. gically, rape involves at least two major (Rennison and Welchans, 2000). Women • Media can play a vital role in crises for the victim. The first is the rape victimized by partners are more likely creating awareness about the itself. The second is her experience than women victimized by non - partners importance of preventing gender going through the medical examination to experience ongoing violence at the based crime victimi-zation and and Criminal Justice System, with her hands of the same perpetrator. This has protecting women. Particularly, the appearance in court being the most been supported by data from both the electronic media can be of immense painful part (Paramaguru, 1985). National Violence Against Women useful in the awareness Survey (NVAWS) (Tjaden and generation. To avoid this kind of secondary Thoennes, 2000) and the NCVS victimization from criminal justice (Mahoney, 1999). • The Department of Women and system, the victims of crime in general, Child Development can support the awareness programs and and the victims of sexual offences in There is also evidence that some sensitization programs such as particular, may not prefer to lodge a victims of sexual assault are repeat street plays, skit, drama etc. This complaint with police. The reasons for victims. For example, data from a in turn would bring down the not reporting rape to police include: nationally representative sample of 8,000 number of crimes committed women indicated that 1. The raped woman’s against women and female children. psychological condition forbids Awareness creation assumes a 18% of the women who had been rational post-rape planning; greater significance because; due raped before the age of 18 were also to lack of awareness many women 2. Not knowing how effectively to raped after the age of 18(Tjaden and and girl children were exploited by inform the law enforcement Thoennes, 1998). officials; the traffickers. • Police department can organize 3. Fear of retaliation from the CONCLUSION AND SUGGESTIONS rapist(s); programs such as sports, cultural Gender based crime victimization etc. in which both police and 4. Decision to deal with the matter has been increasing over the years in members of the public can privately; India. The sex ratio is declining due to participate. This will improve the 5. Fear of further humiliation, shame foeticide and female infanticide. Women image of the police among the or embarrassment to herself, have been facing numerous problems at public in general and women in family, relatives, or friends; and home in the form of dowry harassment particular. Thus. women will not or domestic violence; at work place in 6. Fear that the rapist will not be hesitate to report about the crime the form of sexual harassment. The taken into custody or punished to police. It is very important for following figures provide an alarming (Chockalingam, 1985). the police to be public friendly to picture of how women in India are combat crime in general and gender How police respond to victims can victimized. 1 crime committed against bases crime in particular. women in every 3 minutes; 1 cruelty by affect the quality of the information • Women should not tolerate crime husband or relatives case in every 9 victims give as well as their immediate victimization. Moreover, the minutes; 1 molestation case in every 15 coping and long - term recovery (Lurigio functionaries of the criminal justice minutes; 1 rape case in every 29 minutes; and Mechanic, 2000) system should be sensitized to 1 sexual harassment case in every 53 handle cases of gender based minutes and 1 dowry death case in every REPEAT VICTIMIZATION victimization. 75 minutes (Crime in India, 2004). Unless, Repeat victimization is most the proper measures are initiated the • The victims of gender crimes pronounced in partner violence. A gender based crime victimization would should be provided with proper Government report estimated that in continue to rise in future. The and adequate assistance services, 1998, intimate partners committed about following measures are suggested to such as,counseling, medical 1 million violent crimes. Of these, about prevent and contain the gender based treatment, shelter and 85% were against female victims. In the crime menace. compensation.

Academy Journal 40 VICTIMIZATION OF CHILDREN WITH SPECIAL REFERENCE TO CHILD PROSTITUTION IN INDIA

S M Mahendra Simha Karna & S Ramdoss

INTRODUCTION and the children are in great demand. This situation poses a serious threat and “………That children are given challenge to the future of India. It is opportunities and facilities to develop often said that today’s children are in a healthy manner and in condition of tomorrow’s leaders; if we were not freedom and dignity and that childhood protect the tomorrow’s leaders today and youth are protected against there would be no bright future for India. exploitation and against moral and Hence, we need to initiate measures of material abandonment” Art. 39(f), identifying the real cause to prevent Constitution of India child prostitution, and of rehabilitating Crimes against children are the innocent child victims rescued from increasing every year. The crimes the evil of flesh trade. committed against children are of difference forms and have different Commercial sexual exploitation of kinds of impact on the child victims. Of children is a global problem of late, children are vulnerable and prone pernicious nature. In the present to sexual exploitation especially contextual framework of the prostitution. The flesh trade is booming materialistic, multi-ethnic and divisive

41 Jan - Dec 2007 sociality, this form of violence on children in different forms; prostitution liberalisation and green and white children is flourishing like a major pornography and sexual trafficking. revolutions. The scene is indeed industry/business controlled by swell pathetic when we discuss child organize international crime syndicates. We have a growing population of prostitution (Kumar, 2005). Since it is lucrative, innumerable strong children and young people expose not criminal networked are very actively only to the seduction of capitalism, but The Convention on the Rights of involved in the trafficking of children to the economic pressure of survival. the Child states that the Child from one state to the other and from one The social condition emerging out of Prostitution is the practice whereby a country to another contributing to the this phenomenon has became a fertile child is used by others for sexual rapid growth of this form of violence on ground for the easy recruitment of activities in return for remuneration of girl children from a very tender age innocent victims into the vicious market any other form of consideration (Article (Kumar, 2005). of human flesh. 2(b)).

Every single day without fail, news Child sexual exploitation is an THE MAGNITUDE OF CHILD papers carry report about a child being abhorrent and intolerable crime that PROSTITUTION strikes at the heart of humanity. Children raped by a neighbor, a daughter or the inherit the past and they themselves are daughters sexually molested by the In India, despite emphaisis and the future. They own the tight to live father; children working as “guest solemn resolves for the safeguard of a and grow as children. They must not be relations officer”, a euphemism for sex child from all sorts of abuse under the treated as sexual plaything, thrown – entertainers in disco houses and beer constitution and despite the fact that away entertainment, and more joints, children serving the pleasure of india is a signatory to the UN commodities for buying, selling and the men in ships that dock in our ports, Convention which guarantees, rights of reselling. Those who investigate the street children who are often a rash and the child, the phenomenon of child- working of this industry are shocked by vulnerable to prostitution and prostitution does exist in the country. the volume, spread and nature of the pedophilia. This has started assuming monstrous activity. It is an organized crime utilizing proportions as is sometimes depicted in We are faced with the evil effects the children for profitable business. some of the press reports – by foreign of a flourishing industry operating Tourism has further aggravated the media in particular (Kumar 2005). worldwide that capitalizes on the sale gravity of the situation globally. Asia has and trafficking of children through The number of women and been targeted as key destination, sex Internet and other means. It is an children in sex work in India is stated to ‘haven’ for business and vacation industry that can even buy political be between 70,000 and 1million. Of these, travelers. power. 30% are below 20 years of age. Nearly 50% began sex work when they are We find ourselves today at a Although admitting that below 15 and 25% entered between 15 historical juncture, where progress and economic poverty breed’s exploitation, and 18 years (Mukherjee and Das 1996). development in human society has one cannot assume that in more created two contradictions. On the one successful economies, children are safer; Rozario’s sample survey hand, there is modernity with improved they are equally exposed to dangers of indicated that 35% of the sex workers qualities of life while on the other, the commercial sexual exploitation. below the age of 18 years. 53% of the same change threatens many aspects of women reported that their age at the time community life, such as the loss of In India with 28,000 kms of of initial sexual exploitation was below ethics and moral values to the corrupting spanning dimension and a rich tradition 18 years (Rozario, 1998). influence of modernity itself. of civilization, inhabited by diverse people of diverse economic levels and A news item published in the There is, therefore, a growing cultural attainments, speaking a variety statesman (12th August, 2003) states that movement towards that globalization in of languages, is a country which roughly 2 million children are abused and the solution of problems caused by presents a distinct flavour how and low, forced into prostitution every year in development itself. After all, it does not ugly and beautiful, these contradictions India. A rough estimate prepared in 2000 exist in isolation but in the inter- are nowhere manifest and in the case of by a NGO, End Children’s Prostitution dependence of the nation sate system. prositution and child prostitution with in Asian Tourism, (ECPAT), reveals that Today’s consultation is to resolve a steady increase in the levels of income, there are around 2 million prostitutes in national dilemma; how to stop the different level of affluence as a result of India; 20% of them are minors. A study commercial sexual exploitation of international trade, economic conducted in 1992 estimated that at any

Academy Journal 42 given time, 20,000 girls are being Girl child prostitution can be • General degeneration in human transported from one part of the designed as prostitution practiced by a values leading to moral country to another (Gupta, 2003). girl who belongs to the age group of 10 degrading: here it is important There are reportedly 3, 00,000 to 5, to below 18 years. The differences to point out that brothels are 00,000 children in prostitution in India between girl child and adult prostitution no longer run by pimps only. (Patker and Patkar, 2001). A UNICEF can be explained on the basis of certain The operators now could also study on Maharashtra found that at aspects. be a serving police officer, any given time, approximately 40% of politician or a businessman. the victims of CSE (Commercial Sexual The above discussion makes it Exploitation) and trafficking are below quiet clear that it’s becoming more • Role of media – specially the 18 years of age. Empirical studies prevalent because of the economic electronic media leading to conducted by as indicated that returns. Hence increasing the number of indecent exposure of girls besides economic factor (poverty girl child prostitutes on a day-to-day anatomy (Physical attraction) being the main motivation) and lack of basis. awareness, two other factors • Increased use of alcohol and responsible which are a) growth of Given below are some of the other other intoxicants. international tourism, and b) factors for the increasing demand for girl • The false belief that sex with consumerism. child prostitutes. young girls may add years to Girl Child Prostitution – some causes and consequences one’s lifespan such beliefs being more predominant in S.No Aspects Girl Child Prostitute Adult Female Prostitute people living in feudalistic 1. Demand Greater demand, contributing to their Lesser demand environs and moffusil areas. becoming traffickers’ main target • The superstitions that sex with 2. Entry into Mostly involuntary, forced to enter into More for economic and a young girl may cure sexually prostitution prostitution by traffickers some times by psychological than other transmitted diseases. family members and caste group. factors, • The belief that in having sex 3. Factors Combination of socio-economic, religious More for economic and with young girls there is little contributing to and cultural factors along with failure of psychological than other danger of HIV infections. entry into police and administrative machinery factors • The ease with which a young prostitution girl can be trapped and initiated 4. Duration of stay Longer duration this again makes them Shorter duration mostly into the vice with little fear of her complaining against her of Prostitution target of different categories of persons, the adult prostitutes retire tormenters because of elements who thrive on than flesh trade. from the life of of fear and social stigma prostitution at the age of attached (Kumar, 2005). 35 years. 5. Sex act Often become object of perverse desire in May not be so. Mainly THE SITUATION AND CIRCUM- STANCES WHY A GIRL CHILD adition to meeting sexual urge through confine to sexual inter ENTERS THE PROFESSION: inter course. course. There has hardly been any 6. Consequences Deprives the girls child her childhood, Effect physically, success in the prevention of child besides affecting her physically, emotionally and socially. prostitution and its trafficking. The emotionally and socially problem shows no signs of even having 7. Elements of More Less. been contained. On the contrary, media and other reports seem to suggest that suppression child prositution is on the decrease exploitation and (Menon, 2000). vulnerability Source: Mukherjee (1997)

43 Jan - Dec 2007 Girls are kidnapped, induced, sexual sexploitation and sexual abuse. women and children for prostitution lured and sold (in many cases by For this purpose, state parties shall in within and outside a country for parents themselves). Nearly 80 – 85 per particular take all appropriate national, monetary or other consideration with or cent of victims come into prostitution bilateral and multilateral measures to without the consent of the person through this pathway. prevent the exploitative use of children subjected to trafficking”. The in prostitution or other unlawful sexual Convention further defines child as any About 10 percent are off - springs practices (CRC Ariticle 42). person below 18 years of age and of the prostitutes – unwed – wedded. In designs “persons subjected to such cases even though the mothers do The Convention on the Rights of trafficking” as “women and children not like the daughters to follow them in the Child (CRC) is further strengthened victimized or forced into prostitution by their profession the powerful nexus of by the adoption in 2000 of the Optional traffickers by deception threat, coercion, Gharwalis (brothel keepers), pimps and Protocol to the Convention on the kidnapping, sale, fraudulent marriage, pahalwans (Muscleman) decide Rights of the Child on the sale of child marriage or any others unlawful otherwise. children. Child prostitution and child means”. The Convention also defines pornography, whereby state parties prostitution and traffickers. Then there is caste/community shall prohibit child prostitution. Accordingly, the optional protocol specific and area – specific prostitution. NATIONAL LEGISLATION defines prostitution as the use of a child Going from generation to generation, AGAINST CHILD PROSTITUTION: this is the type of child prostitution in sexual activities for remuneration. which is practiced in specific areas by Moreover, such acts must be covered Immoral Trafficking (Prevention) some communities under the gaze of the under the state parties criminal or penal Act 1956 (ITPA): pursuant of the family itself. laws “where these offences are International Convention for the committed domestically or trans- Suppression of the Traffic in persons And finally we have special types nationally or on an individual or and of the Exploitation of the – the profession with links in some of organized basis” (Optional Protocol, prostitution of others, 1949 that was the religious customs. Instances are of Article 3). signed by the Indian Government in New the Devdasis in Karnataka, Andhra York on May 9, 1950 the Central Pradesh, Orissa and Maharashtra, Other international standards are Government passed the Immoral Bhavanis in Goa, Kudikars on West in International Labour organization Trafficking (Prevention) Act, 1956 Coast, Jogirs in Andra Pradesh, (ILO) Convention No.182 on the Worst (ITPA). This is the principal legislation Thevardiayar in Tamil Nadu, Basavis in Forms of Child Labour, which includes on Commercial Sexual Exploitation in the Karnataka and Muralis, Jogateens and child prostitution as one of the worst country, and all cases of prostitution are Aradhinis in Maharashtra. forms of child labour and calls upon registered under it. state parties to prioritize its elimination. Therefore, the convention requires state The ITPA is the only statute that LEGISLATIONS RELATED TO parties to condemn child prostituion and defines prostitution. Unfortunately, it CHILD PROSTITUTION adopt penal sanctions to eliminate it. does not contain any special provisions There are a number of Similarly, the trafficking protocol calls relating to children, particularly with International, Regional and National for the elimination of prostitution and respect to the treatment of rescued level instruments to combat child other forms of sexual exploitation. The children. According to the ITPA, prostitution and to guide nations to Declaration on the elimination of violent “Prostitution means the sexual initiate certain measures to stop against women calls upon state parties exploitation or abuse of persons for trafficking in children. Some of such to eliminate violence aginst women, commercial purposes and the expression instruments are discussed under several especially forced prostitution. ‘Prostitute’ shall be construed heads in the ensuring paragraphs. accordingly”. Since the ITPA does not define person “it is understood include REGIONAL STANDARDS INTERNATIONAL STANDARDS children”. In support of this reading of 2002 SAARC Convention on the law, throughout the Act, there are There is extensive international Preventing and Combating Trafficking references of offences against children human rights laws prohibiting child in Women and Children for Prostitution. and prescribed punishments, where prostitution. In particular, under article children are detained for prostitution. In 34 of the Convention on the Rights of The SAARC Convention on addition, the law defines “ a child as a the Child (CRC), state parties undertake trafficking defines trafficking “as the person who has not completed 16 years to protect the child from all forms of moving, selling or buying or buying of of age, a minor is person between 16 –

Academy Journal 44 18 years of age and a major a person who has completed 18 years of age Incidence of Crimes Against Children – in India during 2003 to 2005 (Bhat, 2000) Year S. No. Crime Head While this Act does not directly 2003 2004 2005 state that prostitution is illegal, it 1. Murder 1212 1304 1327 penalizes the act of prostitution. The ITPA defines prostitution as sexual 2. Infanticide 103 102 108 exploitation or abuse of persons for 3. Rape 2949 3542 4026 commercial purposes, but it does not define the term sexual exploitation or 4. Kidnapping & Abduction 2571 3196 3518 commercial purposes. Under the ITPA, 5. Foeticide 57 86 86 prostitution in or in the vicinity of a 6. Abetment of Suicide 25 33 43 public place is illegal and it is illegal to solicit commercial sex in any form from 7. Exposure & Abandonment 722 715 933 any place visible from a public place. 8. * Procuration of Minor Girls 171 205 145 Public place is defined as “ any place intended for use by or accessible to the 9. * Buying of girls for Prostitution 24 21 28 public, as well as public conveyances”. 10. * Selling of girls for Prostitution 36 19 50 The ITPA also makes it and essence to keep a brothel or allow premises to be 11. Child Marriage Restraint Act 63 93 122 used as a brothel, live on the earnings 12. Other crimes 3700 5107 4697 of prostitution, solicit for prostitution or detain a person in a place where Total 11633 14423 15083 prostitution occur. The ITPA prescribes punishments for all of these violations and increases the punishment for (Source: Crime in India 2005) *forced to flesh trade repeated violations. Section 366 A of IPC makes it children during 2003 – 2005. In this Further more, this law provides for illegal to procure a minor girl by any statistics, the cases relating to, the closure of brothels and the eviction means and induce girl under 18 years of exclusively, child prostitution, inter alia, of offenders from these premises. A age into prostitution or any form of “ are: procuration of minor girls and person in prostitution may make an illicit sexual intercourse” and violators buying/selling of girls for prostitution. application to the local magistrate for an are sentenced up to ten years of order directing that she be kept in a imprisonment and fine. Similarly, section Cases relating to procuration of protective home. State Governments 367 of the code make it illegal to bring a minor girls reported a decrease of 29.3% have discretion to establish protective girl less than 21 years of age into a in 2005 as compared to 2004. incidence homes and corrective institutions and situation with the intention or of buying/selling of girls for prostitution those homes and institutions must be awareness that it is likely, that the girl reported an increase. maintained according to standards set may be forced or seduced to have forth in law. The state can also issue intercourse with another person. CAUSES OF CHILD licenses to others to establish and /or Punishment for this violation is up to PROSTITUTION – AN maintain protective homes. ten years imprisonment and fine. Finally, OVERVIEW OF STUDIES under the sections 372 and 373, it is illegal to sell or buy a minor for the Child prostitution is viewed as a INDIAN PENAL CODE 1860 (IPC): purposes of prostitution and violators factor contributed to dehumanization of The Indian Penal Code framed are subject to ten years imprisonment future generation because it is during the time of the British, it is the and fine. In case of this nature, the detrimental to the child socially, standard code with respect to all criminal burden of proof shift to the person who physically, emotionally and also offences. The penal code covers all allegedly sells or buys a girl known that deprives the kid of his/her rights to lead criminal offences and contains some the girl will be forced into prostitution. a normal life. Despite this realization the sections relevant to the prostitution of situation is deteriorating and the number children, although it does not define The above table reveals the of child prostitution is rapidly increasing. prostitution. various crimes committed against Because of the factors like physical

45 Jan - Dec 2007 attractiveness and vulnerability, there The causes of entry into A study was conducted by The has been no redemption from grinding prostitution were economic distress Indian Child on child trafficking (1990- poverty and ignorance/illiteracy. (44%) (Maharukh, 2000). 97) the researchers found that the ratio Moreover, temptation, greed, desire to of child prostitutes to total prostitutes have sex with young girls to maintain A study conducted by women’s is 30:100. One-forth of the estimated 2.3 strength and to secure protection from rehabilitation center of Katmandu on million sex workers are minors. A diseases like STD/AIDS and need for child of Nepalese origin in Bombay majority of girl prostitutes are from urban new kind of sensations, specially by brothels, revealed that more than half of slums, rural areas of drought prone and pedophiles are on the rise and they create the respondents cited, poverty and backward districts (The Indian Child, a demand for child prostitutes. unemployment as the reason for 2002). prostitution. In addition, the children A study conducted by Janus and also said they were deceived by village CONCLUSION Bracey (1980) on child prostitution and men and relatives. Finding of this study pornography in the United States, also showed that each year 5000 – 7000 A large number of children are in identified three broad groups among girls and women were trafficked into difficult circumstances and need children who leave their home other countries for prostitution, 20% of carefully designed welfare services. environment. them are under sixteen years (Tandon, Unfortunately, no much is known either 1997). of the nature of the problems faced by 1. Run away who persistently and such children or the number involved. determinently leave the home. Gosh (1996) said that Travel Child prostitution cannot be tackled by 2. Walk away who come and go Agencies and leaders in West Germany just legal and administrative measures. from their homes. who advertise most especially for Strong political will, development of 3. Throw away who are rejected, Thailand, the Philippines and Hong intelligence on trafficking, training of (or) whose absence are of little Kong, but also forcefully for African enforcement agency official, (or) on consequence to the countries and Kenya in particular, reject accountability for deliberate lapses, and parents. the suggestion that they are promoting stringent measures by police to crack sex trade and prostitution, it emphasize trafficking networks, apprehend and The researchers also found that seriousness. There are no statistics prosecute the criminals, and secure their the majority of the children are involved about the numbers of advertisement for conviction are necessary. Moreover, in this practice, come from households sex tours, nor about number of trippers Non Governmental Organizations can with one (or) more of the following who visit the mentioned countries play a very important role in identifying characteristics. specially because of sexual interests. families at risk, developing contacts for a. The family is non nuclear (73%) supplying information, setting up short A study was conducted by Sen stay homes, and keeping vigil at railway b. There is parental drug abuse (2005) on ‘Trafficking of Women and stations, bus stations, pilgrimage (26%) or alcohol abuse (60%) Children in India’ sponsored by Human centres, tourist spots, and the like. Since c. There is sexual abuse in the Rights Commission in 2004. The findings interventions and programmes should home (64%) of this study clearly stated that of 4006 not be based on hunches, it is important persons, a large majority being children that new and old problem areas are A study conducted by the Central were trafficked for prostitution, labour researched in depth so that long and Social Welfare Board (1991) in six and other exploitation. It is also short tem strategies can be designed, metropolitan cities in India showed that shocking to note that 90.9% of the so that the focused and need based 36% prostitutes were below 20 years of victims have not been rescued even services can be organized. age at the time of entering in to once. 6% have been rescued once before prostitution. The study further revealed and 2.7% have been rescued twice but SUGGESTIONS that were subsequently re-trafficked into brothels. The authors of the present article • 14. 9% was below 15 years. suggest the following measures for the • 24.5% was between 16 to 18 In 1996, the UN special rapporteur prevention of child victimization. years on the sale of children, child prositution and child pornography stated that, “all 1. To combat child prostitution, • 27.7% was between 19 to 21 reports indicate a dramatic escalation of improvement in access to and years and the number of sexually exploited children quality of education, • 32.9% were 20 years and above. all over the world” (Baker, 1999). consciousness raising in

Academy Journal 46 communities and advocacy for 6. The media can play a vital role prositution. They can organize the child should be provided in providing preventive tips to programmes such as skit, or made available. those who are vulnerable to miming and street plays etc., to child prostituion. Especially the create awareness of the 2. Sensitization programmes visual media has a significant circumstances and situations in should be conducted for those role to play in term of portraying which the children are found to who are dealing with children some documentary films on be vulnerable to prostitution. rescued from the flesh trade. how to prevent child They should be sensitized prostitution and also the 10. The Government of India because the sensitization has different characteristics of the should enter into an agreement its potential for prevention of traffickers can also be with the neighboring countries, secondary victimization of the portrayed. This will have a very particularly Nepal and children. good impact on the society in Bangladesh in effectively 3. Crisis intervention centers general and the vulnerable preventing the migration or should be established and groups in particular. transport of children for maintained by the Government prostitution in India. in association with reputed Non 7. The police can play a very vital Governmental Organizations to role in the prevention of child REFERENCES prositution and the look after and to take care of 1. Baker, Simon (1999). “Girl at work: the needs of the child rehabilitation of the rescued The situation is Asia” Discussion prostitutes rescued from child victims. The police can paper No. 4, Asian Regional meeting brothels. effectively prevent child on the worst forms of child labour, prostitution by uprooting the Phuket, 8-10 September. 4. The middlemen, brokers give underlying causes. In the 2. Basu D. D. (2003). Constitutional false promises to the gullible process, the police alone Law of India. New Delhi: Wadhawa and Company. parents that they would employ cannot yield the desired results. their children as domestic help, However, it can be achieved by 3. Bhat, Aparna (2004). Reports on helpers in cottage industries joining hands with the member Laws and Legal Procedure etc., but they sell the children Overcoming the Commercial Sexual of the community. Hence, it is Exploitation of Children in India. to the flesh trade. Therefore, very important for the police to 4. Crime in India (2005). National awareness programs should be get public support to combat conducted for the vulnerable Crime Records Bureau. New Delhi: crime in general and child Government of India. parents. In this context, the prostitution in particular. State machineries and NGOs 5. Ghosh S. K. (1996) The World of Prostitution. New Delhi: APH should organize special 8. The law enforcement agency Publishing House. programs for the parents of could be of great help to the 6. Gupta G. R. (2003). Review of children who are vulnerable to rescued child victims of the Literature for ARTWAC. New Delhi: prostitution to prevent the flesh trade. Immediately after Institute of Social Sciences. victimization. rescuing the children from the 7. Janus S.S & Heid Bracey H.H. flesh trade, it should be the 5. The members of the community (1980). Runways Pornography and bounden duty of the police to Prostitution. New York: Mimeo in general and the parents, house them in a safer place. The USA. relatives, neighbours and police can arrange for a group 8. Kumar. A. (2005). Encyclopedia of friends of the child prostitutes st or individual counselling by the Women 21 Century. Trafficking in in particular need to be trained counsellor. The police Women for prostitution. New Delhi: sensitized. This is vital because Anmol Pulication. can also arrange for vocational they use to blame the child training to the children. This 9. Maharukh Aden Wallo. S. (2000). victims for their victimization. Child Sexual Abuse and the law. apart, the police can help them Almost all the children were Mumbai: Indian Center for Human to get medical assistance or Rights and Law. trapped into flesh trade. They treatment. do not enter into prositution 10. Menon, Venu. (2000). Innocence Betrayed. Outlook: 10th April, p.30 either voluntarily or willingly. 9. The student volunteers in the This point should be made clear National Social Service (NSS) 11. Mukherjee K. K and Deepa D. (1996). Prostitution in the Six to all those concerned. This will scheme can play an important Metropolitan Cities of Inida. New help to stop victim blaming. role in preventing child Delhi: Central Social Welfare Board.

47 Jan - Dec 2007 12. Mukherjee K.K. (1997). Girl Child 1 5 . Rozario, M.R. (1988). 19. The Indian Child A Profile. (2002): Prostitution in India. New Delhi: Trafficking in Women and Government of India, Ministry of National Commission for Women Children in India. New Delhi: Human Resource Development, New and Gram Niyojan Kendra. Uppal Publishing House. Delhi.

14. Patkar, Praveen & Preethi Patkar. 1 6 . Sanker Sen & Nair P.M. (2005). 20. United Nation (1989): (2001). Report of a rapid Assessment Trafficking in Women and Conventional on the Rights of Child of Situation of Trafficking of Children in India New Delhi: Adopted by the General Assembly children, Victim of Commercial Orient Longmen Pvt. Ltd. of the United Nations. Sexual Exploitation. Mumbai: 17. Tandon T.T & Sudarshan K.N. UNICEF. (1993). Child Prostitution. New 1 4 . Ratanlal & Dhirajlal. (2001). The Delhi: APH Publishing Corporation. Indian Penal Code. New Delhi: 18. The Immoral Traffic (Prevention) Wadhwa and Company Law Act, 1956 (2004). New Delhi: Publishers. Professional Book Publishers.

Three GOLD MEDALS in GOLF for INDIA in WORLD POLICE & FIRE GAMES, 2007 ADELAIDE, AUSTRALIA World Police and Fire Games are organized by World Police and Fire Games Federation, San Diego USA every two years. The last games were organized at Quebec city Canada in 2005. In 2007 they were held in Adelaide Australia since 16th of March 2007 to 25th of March 2007. In the tournament about 12000, athletes participated in around 80 events. Golf is one of them. I participated in World Police & Fire Games 2003 held in Barcelona, Spain, for the first time in Golf from India. That was the first ever participation by any Indian Police Officer from India. I won Gold medal in my category. I also participated in 2005 games held at Quebec city Canada in Team net category and won Silver medal.

In the presently held tournament at Adelaide Australia the Golf event was held on following three Golf courses, on 18™, 19TH & 20™ of March, 2007

1. Garange Golf Club 2. Koyoonga Golf Club 3. The Royal Adelaide Golf Club

A dream coming true, performing for my country, was done by me in Golf in the recently concluded World Police & Fire Games, 2007 Adelaide Australia, and won three Gold Medals for my country, INDIA.

I come from a small village namely KULTANA in District Rohtak Haryana. I knew nothing about Golf till in 1997, when I took up golf as a challenge and practiced hard. In 1999 I not only won a prestigious “ Wills Northern Open” Golf tournament but also established myself as a good golfer. After that there was no looking back. I participated in golf tournament of National and International level. Some of the important ones are.. 1. Northern Wills Open - 1999 (Amateur) - Winner 2. Northern Wills Open - 2000 (Amateur) - Runner up 3. Participated in National Games-2001 held at Punjab as member of U.P.State Golf Team. 4. Winner of - 2001 UP PAC open Golf Cup - 2002 U.P.Police open Golf Cup. 5. Winner of All India Police Golf Championship-2001 both in Individual event as well as Team Event, & was declared Best Golfer of the Indian Police.

Academy Journal 48 DETECTION OF DECEPTION THROUGH SCIENTIFIC METHODS-POLYGRAPHY, NARCO-ANALYSIS AND BRAIN FINGER PRINTING-THEIR VALIDITY AND LEGAL ACCEPTABILITY

Swapneshwar Goutam and M P Goutam

INTRODUCTION are invested in developing individual skills to detect deception from other people’s verbal and nonverbal behavior. Lying in humans is However, research in social and commonplace and relevant to many areas cognitive psychology has in life. The successful implementation demonstrated the inability of human lie of a deceit may provide the deceiver with catchers to detect deceit. The critical obvious advantages, and unmasking a task of the criminal justice system is to lie may provide social and economic determine who has committed a crime. advantages for the lie catcher. This is The key difference between a guilty especially true in criminal investigations party and an innocent suspect is that where evidence is gathered from the perpetrator of the crime has a record information elicited from suspects. of the crime stored in their brain, and Better understanding of the lying the innocent suspect does not. Until the behavior may therefore be useful in invention of Polygraph, Narcoanalysis finding out whether a given person is and Brain Fingerprinting testing, there deceptive regarding a specific, usually was no scientifically valid way to detect criminal, event. Toward this end, efforts this fundamental difference.

49 Jan - Dec 2007 The search for effective aids to a variety of other ordeals. In an era of invented to detect deception are based interrogation is probably as old as skepticism, ordeals cannot provide the on the analysis of statements. Tran- man’s need to obtain information from solution. Hence, it has to be replaced scripts of statements made by suspects an uncooperative source and as by methods that better reflect the spirit or by witnesses in which they detail persistent as his impatience to shortcut of time. what they did or what they saw are any tortuous path. Historically, many analyzed. The methods assume that of the early attempts to detect These methods were discarded in truthful statements differ from false ones deception were founded on magic and the long run of time due to their in both content and quality. One mysticism. According to Elaad1 , all the unscientific base and their reliability. method, which was developed for the ancient attempts could be classified as Therefore, alternative methods for assessment of child witnesses in sexual trial by torture, combat or ordeal. detection of deception were applied abuse cases, is known as ‘Statement Torture was used to make the from time to time. In these efforts paper Validity Analysis’ (SVA). Another presumed guilty person confess his and pencil integrity tests were method through which deception may guilt. Torture was used as developed to predict future thefts and be detected is the Scientific Content investigation of truth and not as other counterproductive behaviors of Analysis (SCAN). A third method punishment. Therefore, it was used for employees in the workplace. These tests suggested that the number of distinct witnesses as well. However, there were were used in pre-employment screening words in a statement (types) should be some limitations to the use of torture. and for other selection purposes. These divided by the total number of words It was only used when the accused tests can be divided in to two groups: (tokens). It was suggested that a higher was about to confess. The (1) Overt integrity tests that ask type token ratio may indicate deception. presumption of guilt led to the use of applicants about their attitudes towards But these methods are not in use now- cruel methods to force the accused to theft and other dishonest activities and a-days. confess. Hence all the odds were about their own involvement in such turned against the accused and only behavior. Another approach for lie detection few escaped. was tried, i.e. Detection of emotional (2) Other tests disguise their purposes stress in the voice. Several devices were Trial by combat was based on the and include questions about depend- invented for this technique. The adoption of divine judgment and ability, conscientiousness, social Psychological Stress Evaluator (PSE) contestants let the outcomes of the conformity, trouble with authority and was invented and received more battle decide who is truthful and who is hostility. Integrity tests assume that attention than others. The PSE was said not. Such a belief assumes that the honest people will be honest in all to detect changes in the infrasonic adversaries should defend their claims situations, and dishonest people are frequency modulation that vary between themselves. However, the efficacy of consistent in showing dishonest 5 Hz and 20 Hz. These modulations are judicial combat is questionable. The behavior. controlled by the central nervous system injustice of both torture and trial by and disappear during stress. The combat, their fallibility, and the advance Integrity tests are controversial2 . theoretical basis of the PSE was criticized of civilization encouraged the search of The US Office of Technology as invalid, and experimental studies more modes to detect guilt. Assessment (OTA) 3 reviewed the failed to establish its validity. The research on integrity tests and popularity of the PSE declined, and Ordeal was based on the belief concluded that there is no scientific today it is rarely used. However, the that God will protect the innocent and support for the claim that integrity tests interest in the voice as a potential punish the guilty person. It is another can predict dishonest behavior. The channel for the detection of deception way by which people cast their doubts report asserts that integrity tests are remains intact. New technologies were on a higher power. The literature refers biased against the applicant yielding a developed, and recently a computerized to ordeal of boiling water, the ordeal of high rate of false positive errors - system called the ‘TrusterPro’ was cold water, the fire ordeal, the ordeal of classifying an honest applicant as introduced. However, the validity and balance, the ordeal of rice chewing and dishonest. Other methods which were legal acceptability is in question. 1. Elaad, E., Detection of Deception In Encyclopedia of Forensic Science, Siegel, J. A., Saukko, P. J. and Knupfer, G. C., Academic Press, London, 2000, Vol. II, p. 550 2 In reference 1 p 552 3 Scientific validity of polygraph testing, A research review and evaluation, A technical memorandum, Wahnington, D.C., U.S. Congress Office of Technology Assessment, Nov., 1983

Academy Journal 50 ADVANCED TECHNOLOGIES reaction which manifests itself in the test. The GKT is used in applied settings form of physiological changes (in blood- to detect information that a suspect Gradually the detection of pressure, pulse-rate, respiration rate, cannot or does not wish to reveal. The deception methods became more electrical resistance of the skin, etc.). The test utilizes a series of multi-choice sophisticated and use of more advanced fear induces a person to tell lies. This questions, each having one relevant technologies came into existence. Use psychological phenomenon causes alternative (e.g. feature of the crime of hypnosis in detecting deception was mental excitation. The individual under investigation) and several tried with views that hypnosis attempts to conceal the excitation, neutral(control) alternatives, chosen so represents a special form of known as ‘defence mechanism’. It that an innocent suspect would not be consciousness which permits access to stimulates the adrenal glands to secrete able to discriminate them from the hidden parts of the mind and/or that the the hormone, adrenaline, which on relevant alternative. Inferences are made hypnotized individual is affected by the entering the blood stream steps up the on the basis of the GKT by comparing social situation. But in both the blood pressure and rate of pulse and the responses elicited by the relevant conditions, hypnosis has no truth- respiration of the individual. item with the responses to irrelevant compelling capacity. The person under items. Only if the responses to the hypnosis retains control and is able to Polygraph tests were developed relevant item are consistently larger, is judge events, and therefore can lie. to help criminal investigators in guilty knowledge inferred. This situations where they are required to provides a proper control against false PSYCHOLOGICAL DETECTION OF decide whether or not to believe the positive outcomes, in as much as the DECEPTION suspect. There are two major polygraph likelihood that an innocent examinee Psycho-physiological disorders procedures, the CQT and the GKT. might show consistently greater received a good deal of study by responsiveness to the correct psychologists, psychiatrists and CONTROL QUESTION alternative just by chance can be physiologists. It was found that these TECHNIQUE (CQT) reduced to a low level by adding disorders of the body, or soma, are due irrelevant items and by utilizing more The most common psychological to psychological events. The theory GKT questions. In the robbery case, the detection methods are the variety of emphasized that a close relationship guilty suspect, who later confessed, procedures known as the Control between ‘body’ and ‘mind’ exists and responded to both relevant items. Question Technique (CQT). Basically the interaction between the two is the CQT contains three types of named psycho-physiological or psycho- To evaluate the validity of questions somatic reaction. Although the theory utilization of GKT Tests studies were of psychosomatic interaction appeared 1. Relevant Questions carried out at different levels. A review to be a new development, yet historically 2. Control Questions of 15 GKT mock crime experiments it was as old as human thinking about revealed that the rate of correct detection 3. Irrelevant Questions mind and matter. There are enough reported in simulated GKT experiments instances where this theory had been The inference rule underlying the is quite impressive. It was found that successfully applied for medical CQT is based on a comparison of the across these 15 studies, 80.6% of 299 diagnosis. The modern lie detection responses evoked by the relevant and guilty examinees and 95.9% of 291 techniques are also based on the control question. Deceptive individuals innocent examinees were correctly principles of psychosomatic interaction. are expected to show more pronounced classified. Furthermore, in eleven of the The emotions experienced by an responses to the relevant questions studies, no false positives were individual cause certain physiological whereas truthful individuals are observed. This supports the notion that disturbances. The emotions and the expected to show larger responses to the GKT can protect the innocent from physiological effects are always found the control questions. false detection. To establish the to go together. Thus, the emotions of a accuracy of the GKT in real-life criminal person can be visualised from the investigations, two field studies were GUILTY KNOWLEDGE TEST (GKT) physiological manifestations. The designed 4 . In both studies, the traditional polygraph works on the Guilty Knowledge Test also amplitude of the electrodermal response principle that perception or consciously known as Concealed knowledge test was used as an index of guilty held feelings of guilt produce a defence (CKT) is a less controversial polygraph knowledge. Excluding inconclusive

4. Elaad,E., Detection of Guilty knowledge in real life criminal investigation ,Journal of Applied Psycology, 1990, 75:521- 529

51 Jan - Dec 2007 outcomes, a very high detection rate for these conclusions are supported by electro-dermal response(GSR). Actually, innocent suspects (97.9% and 97.4%, published research findings in the best the fear of detection, hence, respectively) has been obtained. social science journals (Honts et al.6 , punishment, induces a person to lie, However, both studies reported a Horvath 7 , Kleinmuntz & Szucko8 , which in turn, produces these considerably lower detection rate for Patrick & Iacono9 ). Although defense uncontrollable physiological reactions. guilty suspects (50% and 53.3%, attorneys often attempt to have the There is mental excitation due to the respectively). It was concluded that the results of friendly CQTs admitted as feeling of guilt and the mental effort put GKT is a standard psychological test. evidence in court, there is no evidence forth by the person in an attempt to supporting their validity and ample conceal the excitation. This stimulates However, there is major reason to doubt it. Members of scientific the adrenalin, which on entering the controversy regarding its validity. organizations who have the requisite blood stress secrete the hormone Opponents of the CQT suggest it background to evaluate the CQT are adrenalin, which on entering the blood- should be replaced with the more overwhelmingly skeptical of the claims stream steps up the respiration, blood standardized and scientifically based made by polygraph proponents”. pressure, pulse rate etc. The polygraph GKT. However, in many cases the GKT is found to be sound and reliable can not be an alternative for the CQT. LIE-DETECTOR technique for detecting deception. The Furthermore, GKTs are considered unim- vast majority of studies into the portant by federal law enforcement Lombroso, the founding father of reliability of polygraph have given agencies in the US and are almost never criminology in 1895, was the first to encouraging results. Numerous research used in criminal cases. experiment with a machine measuring findings, and works in the field of blood pressure and pulse to record the medicine, have justified the connection 5 According to Willium G Iacono , honesty of criminals. He called it a between involuntary (sympathetic A Distinguished McKnight University hydrosphygmograph. A similar device nervous system) physiological changes Professor and Director, Clinical Science was used by Harvard psychologist and emotional states related to truth- and Psychopathology Research William Marston during World War I in telling or deception. However, Training Program at the University of espionage cases, who brought the polygraphic examinations are not legally Minnescta published a research paper technique into American court systems. admissible unless there is a stipulated on Forensic Lie Detection : Procedure In 1921, John Larson added the item of agreement prior to trial. without scientific basis in 2001. He respiration rate, and by 1939, Leonard reported that “Although the CQT may Keeler, one of the founding fathers of In spite of its proven utility, its be useful as an investigative aid and tool forensic science, added skin legal admissibility has attracted to induce confessions, it does not pass conductance and an amplifier, thus considerable debate in countries where muster as a scientifically credible test. signaling the birth of the “polygraph” it is being extensively used. In India, CQT theory is based on naive, as we know it today. Polygraph (Lie- where the expertise at the moment is in implausible assumptions indicating (a) Detector) is based on the principle of its infancy, the issue is likely to be raised that it is biased against innocent psychosomatic interactions of an when other States will also have individuals and (b) that it can be beaten individual, i.e. psychologically a change functional Polygraph Divisions. Deb10 simply by artificially augmenting in a person’s consciously held feeling remarks that according to section 162 responses to control questions. produces a defence reaction in the form and 342 of the C. P. C. of India, Section Although it is not possible to adequately of physiological changes in his blood 25 of the Indian Evidence Act and Sub assess the error rate of the CQT, both of pressure, pulse rate, respiration and Clause 3 of Article 20 of the Constitution

5. Iacono, W. G., Forensic Lie Detection : Procedure without scientific basis, Journal of Forensic Psychology Practice, 2001, 1(1):75-86 6. Honts, C. R., RAskin, D. C. and Kircher, J. C., Mental and physical countermeasures reduce the accuracy of polygraph tests, Journal of Applied Psychology, 1994, 79:252-259 7 Horvath, F., The effect of selected variables on the interpretation of polygraph records, Journal of Applied Psychol- ogy, 1977, 62:127-136 8 Kleinmuntz, B. and Szucke, J. J., A field study of the fallibility of polygraphic lie detection, Nature, 1984, 308:449-450 9 Patrick, C. J and Iacono, W. G., Validity of the control question polygraph test: The problem of sampling bias, Journal of Applied Psychology, 1991, 76:229-2381 10. Deb, R. , Principles of Criminology, Criminal Law and Investigation, Sircar & Sons, Calcutta, 1968 , Vol. I

Academy Journal 52 of India there are insuperable difficulties explanations are given by experts to that • Research on the polygraph has in the way of the acceptance of Lie the question of applications and legal not progressed over time in the detection evidence against the accused. admissibility- of polygraph could manner of a typical scientific Nevertheless, if the test is conducted properly be assessed. Efforts have been field. It has not accumulated by an expert other than a police officer, made to review the different views by knowledge or strengthened its the Courts may not have objection to various authorities in above references. scientific underpinnings in any accept it evidence. Therefore, following significant manner. above, it should not be concluded that THE NATIONAL ACADEMY OF The inherent ambiguity of the the test, if conducted by a person other SCIENCES REPORT • than a police officer, the Indian courts physiological measures used may admit the results as evidence. In all In January 2002, the National in the polygraph suggest that probability, similar objections as were Research Council, the research arm of further investments in raised in other countries may arise in the National Academy of Sciences, USA improving polygraph India. Against this backdrop, the established a Committee to Review the technique and interpretation present study was undertaken, mainly Scientific Evidence on the Polygraph, will bring only modest im- drawing from other countries to see the Chaired by Dr. Stephen Fienberg, a provements in accuracy criticism against its use, the rebuttal by professor of statistics at Carnegie- experts and the basis on which finally Mellon University, the panel comprised Estimating the accuracy of some judicial recognition came along11 . experts in psychology, psychophysiolo- polygraphy, the Committee concluded:- gy, statistics, systems engineering, According to Chris Gugas12 , a mathematics, neurology, signal Notwithstanding the quality of Polygrapher, on the Validity of detection, and issues concerning the empirical research and the limited Polygraphy viewed that science and the law. ability to generalize to real-world settings, we conclude that in pop- “When we lie, our blood pressure The Committee published its ulations of examinees such as those goes up, our heart beats faster, we findings in a report titled ‘The Polygraph represented in the polygraph research breathe more quickly (and our and Lie Detection’ (National Research literature, untrained in breathing slows once the lie has been Council, 2003). Regarding the basic countermeasures, specific-incident told), and changes take place in our science behind polygraphy, the polygraph tests for event-specific skin moisture. A polygraph charts these Committee concluded. investigations can discriminate lying reactions with pens on a moving strip • Almost a century of research from truth telling at rates well above of paper… The result is jagged lines in scientific psychology and chance, though well below 13 that don’t convey a lot to you. But... an physiology provides little basis perfection . examiner can tell from those mechanical for the expectation that a scribbles whether or not you’ve spoken polygraph test could have OTA REPORT the truth...” extremely high accuracy. The Congressional Office of Much have been told about use • The theoretical rationale for Technology Assessment in 1983, of polygraphic technique for lie the polygraph is quite weak, published a Study on the scientific detection and its validity and its legal especially in terms of validity of polygraph testing that one status. If polygraphy is based on differential fear, arousal, or area of special concern in personnel scientific principles in that case for what other emotional states that are security screening is the incorrect reason(s) its legal admissibility is triggered in response to identification of innocent persons as challenged? What are the main relevant or comparison deceptive14 . All other factors being arguments against its use? What questions . equal, the low base rates of guilt in

11. A. K. Ganguly, Polygraph (Lie Detector) and its legal admissibility, Indian Journal of Criminology and Criminalistics, 1983, 3(3&4): 88-95 12. Chris Gugas ,On the Validity of Polygraphy, The Silent Witness, 1979 13. National Research Council. (2003) The Polygraph and Lie Detection. Committee to Review the Scientific Evidence on the Polygraph. Division of Behavioral and Social Sciences and Education. Washington, DC: The National Academies Press. Available on-line at :http://www.nap.edu/books/ 0309084369/html) 14 See reference 3

53 Jan - Dec 2007 screening situations would lead to high scientific validity of the polygraph for still have not gained sufficient scientific false positive rates, even assuming very this purpose. In addition, there was a recognition. Other views are, however, high polygraph validity. For example, a legitimate concern that the use of not limited to the moral or ethical typical polygraph screening situation polygraph tests for personnel security arguments only. They contain elements might involve a base rate of guilt of one screening may be especially susceptible of all dissenting positions i.e. (i) the guilty person (e.g., one person engaging to: 1) countermeasures by persons polygraph is not sufficiently accurate; in unauthorized disclosure) out of 1,000 trained to use physical movement, (ii) it is not reliable; (iii) it is misused; employees. Assuming that the polygraph drugs, or other techniques to avoid and (iv) it is humiliating and is 95 percent valid, then the one guilty detection as deceptive; and 2) false degrading16 ,17 . person would be identified as deceptive positive errors where innocent persons but so would 50 innocent persons. The are incorrectly identified as deceptive. In recording his rebuttal, Cook18 predictive validity would be about 2 observed; “Detecting deception percent. Even if 99 percent polygraph Accuracy may be highly variable through instrumental means from all validity is assumed, there would still be across situations. The evidence does outward appearance seems to be a 10 false positives for every correct not allow any precise quantitative relatively uncomplicated process, yet, it detection. The OTA review assumes that estimate of polygraph accuracy or is only one facet of the entire a polygraph screening validity rate of provide confidence that accuracy is investigation process which is aimed at 95% entails that 95% of guilty subjects stable across personality types, garnering the truth. Truth, it is believed will be detected. But with an extremely sociodemographic groups, by some critical observers, can better low base rate of guilt, as is the case with psychological and medical conditions, be gained and can be more reliable, when espionage, such an assumption is not examiner and examinee expectancies, or elicited by means other than recording warranted. If we allow that not more than ways of administering the test and instrument. Perhaps this attitude is due, one in a thousand persons examined are selecting questions. In particular, the in part, to an ignorance of what the actually spies, then an accuracy rate of evidence does not provide confidence polygraph is and what its capabilities at least 99.9% can be achieved by simply that polygraph accuracy is robust are when used by a qualified operator in ignoring the polygraph charts against potential countermeasures. a proper environmental situation”. altogether and peremptorily declaring all There is essentially no evidence on the examinees innocent. Of course, the incremental validity of polygraph Further, as an explanation to such usefulness of such a “test” for catching testing, that is, its ability to add criticism Holms19 elaborated that the spies would be zero. Yet this is predictive value to that which can be method of polygram interpretation is essentially how the remarkably high achieved by other methods. subjective, experts observe that an able accuracy rates claimed for some security and experienced polygraph examiner by screening programs (such as those of According to Inbau & Reid15 taking specific deception criteria into the Departments of Defense and Energy) although, of late, the lie detector and account can easily eliminate the are achieved. The interpretation of deception tests have been able to the subjective element from his polygraph charts is manipulated so that basic technique of detecting deception interpretation. almost everyone “passes.” by interpreting the polygrams (recorded physiological responses) has Another criticism often labeled OTA recognized that NSA and occasioned to invite some criticism against the use of polygraph is its CIA believe that the polygraph is a element of subjectivity present in the inflated blood pressure cuff which not useful screening tool. However, OTA interpretation of polygrams. Some legal only causes inconvenience and physical concluded that the available research experts are of the view that the pain to the subject but also evidence does not establish the measurement of physiological changes psychological injury in the sense that

15. Inbau, F.E. and Reid, J.E. Lie detection and criminal investigation, Willias & Wilkins, Baltimore, USA, 1953, 3rd ed. 16. Romig, C. H. A., The status of polygraph legislation of the fifty states, Police, 1971, 16:35- 41 (Pt. I), pp. 54-61 (Pt. II), pp. 55-61 (Pt. III) 17. Romig, C.H.A., Does the polygraph invade the mind, Security Management, 1973, 18: 16 18. Cook, R. E. (1968) Truth, Statistics and the polygraph, Police, 12:36-41 19. Holmes, W.D.() The degree of objectivity in chat interpretation, Academy Lectures on Lie Detection, Springfield, Thomas, USA, 1958,Vol. II

Academy Journal 54 the develops a feeling of being tortured only for a given examiner interacting with Following Frye, for 50 years, in a mild and indirect way. a given examinee, because the CQT is virtually every state and federal court a dynamic interview situation rather refused to admit polygraph evidence. In According to Professor John J. than a standardizable and specifiable 1993, the Supreme Court replaced the Furedy20 of the University of Toronto, test. Even the weak assertion that a Frye test with the standards set forth in the validity of the CQT has never been certain examiner is highly accurate Daubert v. Merrell Dow scientifically established, nor can it be: cannot be supported, as different Pharmaceuticals23 . Under Daubert, the the so-called “Control Question Test” examinees alter the dynamic examiner- proper inquiry concerning scientific is utterly lacking in scientific “control,” examinee relationship that grossly evidence is based on Federal Rule of and it is not a standardized influences each unique and Evidence 702 and asks whether the psychometric “test” such that its unspecifiable CQT episode. scientific evidence is relevant and validity might be determined through reliable. The pertinent factors to scientific experimentation. Furedy Thus according to Professor consider under Daubert included, (1) explains regarding the “Control” Furedy, the CQT is not a standardized whether the theory or technique on Question “Test” that …basic terms like “test,” but an “unstandardizable which the testimony is based is capable “control” and “test” are used in ways interrogatory interview.” Polygraph of being tested; (2) whether the that are not consistent with normal evidence has a long history of legal and technique has a known rate of error in usage. For experimental psycho- scientific controversy in courts its application; (3) whether the theory physiologists, it is the Alice-in- throughout the country. This paper or technique has been subjected to peer Wonderland usage of the term “control” examines the major case law in this area review and publication; (4) the level of that is most salient. There are virtually and illustrates the current state of the acceptance in the relevant scientific an infinite number of dimensions along law of polygraphs. community of the theory or technique; which the R [relevant] and the so-called and (5) the extent to which there are “C” [“control”] items of the CQT could POLYGRAPH EVIDENCE - standards to determine the acceptable differ. These differences include such OVERVIEW use of the technique. None of the factors dimensions as time (immediate versus was considered dispositive and the test distant past), potential penalties The first landmark decision was to be applied in a flexible manner. (imprisonment and a criminal record addressing the admissibility of This view was also adopted in Kelly v. versus a bad conscience), and amount polygraph evidence was Frye v. United State24 , adopting a similar test under of time and attention paid to States21 . The issue in Frye was the Texas Rules of Evidence. “developing” the questions (limited admissibility of the systolic blood versus extensive). Accordingly, no pressure test, an unsophisticated Following Daubert, state and logical inference is possible based on precursor to the modem polygraph. The federal courts throughout the country the R versus “C” comparison. For those Frye court excluded the test, finding the began to re-examine the per se ban on concerned with the more applied issue evidence was not admissible unless the polygraph tests. The results have of evaluating the accuracy of the CQT proponent of the evidence showed that ranged from a significant number of procedure, it is the procedure’s in- the science involved with this test was jurisdictions adhering to the per se rule principle lack of standardization that is generally accepted in the relevant against admissibility, while others more critical. The fact that the procedure scientific community from which it relaxed their rules and began to admit is not a test, but an unstandardizable emerged. The Frye test subsequently polygraphs in limited circumstances. In interrogatory interview, means that its became the primary standard for fact, the per se exclusion of polygraph accuracy is not empirically, but only determining the admissibility of tests is now the minority view among rhetorically, or anecdotally, evaluatable. scientific evidence throughout the the Federal Circuits. See United States That is, one can state accuracy figures country22 . v. A & S Council Oil Co.25 , noting that

20. Furedy, J. J., The North American Polygraph and Psychophysiology: Disinterested, Uninterested, and Interested Perspectives, International Journal of Psychophysiology, 1996, 2:2-3 21. 293 F. 1013 (D.C. Cir. 1923). 22. Sevillo, Polygraph 1984: Behind The Closed Door of Admissibility, 16 U. West L.A. L. Rev. 5, 6, 1984). 23. 509 U.S. 579, 113 S.Ct. 2786,125 L.Ed.2d 468 (1993) 24. 3 824 S.W.2d 568 (Tex. Crim. App. 1992) 25. 947 F.2d 1128, 1134, n.4) (4th Cir. 1991)

55 Jan - Dec 2007 circuits that have not yet permitted has stated (1964): “An adequate that polygraph tests could be of evidence of polygraph results for any polygraph in the hands of competent immense help to courts in protecting the purpose are now in the decided minority. examiner can be an adequate aid in the innocent, and in corroborating administration of justice”. In a similar complaints for the just conviction of the New Mexico has the most liberal context Badroski31 states: “The present guilty. The use of such evidence could rules (New Mexico Rule of Evidence 11- legal attitude with respect to the lie effectively streamline our system of 707) and generally admits polygraph detector reflects a position which has criminal justice and eliminate the need evidence in the same way as other expert not been materially recast since 1923. At for many trials, without in any way evidence26 . At least fourteen states that time, the instrument was merely a imparting, the fairness or efficiency of follow a standard for admissibility similar device concerned with the recordings the jury process’ “In these troubled to Daubert27 . of blood pressure variations. It has since times when courts are backlogged with matured into a sophisticated procedure controversies of every kind and lawyers According to Bailey and employing numerous physiological and judges are forced to rely on a system Rothblatt28 , the courts place a higher measurement, which when in the hands where mendacity among the litigants, is standard on the acceptance of of a competent examiner, is more often the rule than the exception, polygraph evidence than any other commensurate with, and even superior the polygraph technique could scientific evidence e.g. finger prints, to most of the presently approved forms precipitate dramatic and bountiful handwriting analysis, ballistics, etc. the of evidence, scientific as well as non- improvement in our law. The concerned courts are seeking infallibility before scientific, that feature in criminal and speculation that juries will give away to granting judicial recognition to civil trials”. polygraphs as a system of justice, if polygraph evidence. perhaps plausible, is by no means Although, value of polygraph sound. Much more likely is the fact that In the same context, Wicker29 , of technique, when used in a proper those litigants and witness who are not the College of Law University of manner, warrants judicial reorganization, inhibited by an oath will, knowing that Tennessee, wrote “If and when yet this does not imply unconditional means of checking their proposed convincing evidence is produced that acceptance. The endorsement is limited testimony is available, make much less reasonably reliable scientific methods strictly to the area where the examination frequent appearances on the witness of exposing falsehoods either in or out has exhibited at high degree of reliability stand. If guilty defendants are of the courtroom are available, these in the hands of a competent examiner persuaded to plead guilty because of methods should be promptly utilized by under the proper test conditions. The the presence of the polygraph in our the legal profession”. examiner, in all cases, must be available column of scientific evidence, goodwill for cross-examination and court inquiry certainly be the product of this Ansley30 said that the polygraph, into the test environment, the reliability development. Certainly other scientific even with the strict rules of evidence issue, and his personal qualifications. progress in the past has reduced the against its use, has progressed to the opportunity of the guilty to escape point where many courts in USA now Inbau32 , clarifies that in criminal justice and enhanced the likelihood that use the results of polygraph examination cases, the defendant must be advised the innocent will not be tried at all. in their decisions. of the right to counsel and the right to remain silent. On the issue of the lie In late 1972, the New Jersey Judge Rodger Alton Ptaff of the detector test results their admissibility Supreme Court ruled that results of lie Supreme Court of Los Angeles Country remark as evidence, Bailey & Rothblatt33 detector tests may be used as evidence 26. State v. Dorsey, 88 N.M. 184,539 P.2d 204 (N.M. 1975) 27. Peeples Exulpatory Polygraphsin the courtroom: How the truth may not set you free,28,Cumbo L.Rev.77,115,n6,1997- 98. 28. Bailey, F. L. and Rothblatt, H. B. , Investigation and preparation of criminal cases , Federal and State Lawyers Co- op., Banerfort Whitney, Rochester, NY, USA, 1970 29. Wicker, W. ,Polygraph truth test and the law of evidence, Tenn. L. Rev., 1953, 22:711. 30. Ansley, N. , Legal admissibility of polygraph, Charles C. Thomas, Springfield, USA, 1973 31. Badroski, A. S., The polygraph revisited: an argument for admissibility, Criminal Law, 1970, 6:2 32. Inbau, F. E., Legally permissible Criminal interrogation tactics and techniques, Jr. Police Sc. Admn., 1976, 4(3):249-251 33. Bailey, F. L. and Rothblatt, H. B. , Investigation and preparation of criminal cases , Federal and State Lawyers Co- op., Banerfort Whitney, Rochester, NY, USA, 1970

Academy Journal 56 in criminal trials, when the defence and legislators, but perhaps the time has NARCO-ANALYSIS the prosecution agree to it. Judge Mark come for them to inquire into the matter, A. Sullivan, who wrote the decision perhaps through a committee of experts Another technique applied is that remarked “we conclude that the which will check to see if it is desirable of Narcoanalysis (‘truth drugs’). polygraph testing has been developed to turn the polygraph examination, along According to Webster’s Dictionary, into such a point of reliability that in a with other examination, into an auxiliary the word narco analysis had its origin in criminal case when the state and tool for arriving at judgements”. Similar the 20th century and is coined from defendant enter into stipulation to have to USA, in Israel too, the prosecution ‘narco-’ + ‘analysis’. It means the defendant to submit to a polygraph and the defence in criminal cases psychoanalysis using drugs to induce test, and have the results introduced as frequently agree among themselves of a state akin to sleep. It is believed that if evidence, such a stipulation should be the use of the polygraph examination on a person is administered a drug which given effect. Polygraph testing has condition that the results will be a suppresses his reasoning power without sufficient probative value to warrant binding on both the parties. affecting memory and speech, he can be admissions under these circumstances. made to tell the truth. Some drugs have been found to create this ‘twilight state’ It must also appear that the examiner It can be concluded that detection in some persons. In this analysis, the is qualified and the test administered of deception by polygraph is an narcotics are used to induce a trance like in accordance with established effective and valuable weapon and an state wherein the person is subjected to polygraph techniques”. indispensable aid in the investigation various queries. Under the influence of of the crime. By and large, lie-detector the drug, the subject talks freely and is ln Israel, contribution of evidence has limited judicial purportedly deprived of his self-control polygraph is quite positive. Although, recognition. In a few courts of America and will-power to manipulate his results are not acceptable as firm polygraph test results have been answers. The underlying theory is that evidence, yet, in many cases the courts recognised for their value as an aid to a person is able to lie by using his have expressed a positive opinion on investigation and in some cases the imagination. In the narcoanalysis test, polygraph test results. In a verdict cited expert evidence relating to polygraph the subject’s imagination is neutralized by Cohen 34 the Judge stated: “I am has been accepted. The experts in and reasoning faculty is affected by pleased to see that the results of the areas like fingerprints, firearms, making him semi-conscious. The subject polygraph test confirm the conclusion I identification questioned documents is not in a position to speak up on his arrived at through process of thought etc. have been widely acclaimed. But own but can answer specific and simple independent of the test. The findings of the polygraph experts have not questions. In this state it becomes the Polygraph examination were helpful received acceptance and recognition difficult for him to lie and his answers to the court in deciding in favour of the from the court. would be restricted to facts he is already party whose words were found worthy aware of. His answers are spontaneous, of trust”. Similarly in another case cited Sharma 36 stressed that it is as a semi-conscious person is unable to by Cohen35 the judge in a paternity case unfortunate because the polygraphists manipulate his answers. Narcoanalysis in 1960 stated, “It gave me a feeling of have established 95 to 98% accuracy of was first used in psychiatric satisfaction to see that the polygraph in the lie detector in detecting deception proceedings to facilitate communication its own way, which in a sense in a step or the truthfulness of the subjects in with the emotionally disturbed patient. forward, arrived at the same point I criminal investigations. On the basis of Drugs such as sodium amytal and reached in the lengthy and traditional relevant scientific data on lie detector, it sodium pentothal induced relaxation, way. I am not qualified to pass judgment is strongly felt that the courts should ease, confidence and a marked verbal on the effectiveness of the polygraph accept deception test because it can release. It seemed that the patient under machine, but it seems to me the time has furnish a fairly effective method and the influence of the drug did not stop come consider whether this examination technique for the exposure of deception talking. The relief from inhibitions and made by means of the polygraph should in a subject. Since polygraph the decreased self-protective not be included among the beneficial interrogation is the best available censorship of speech led to the idea that and even essential laboratory tests for method to detect deception, the time using drugs would reveal the hidden detection of the trust. Naturally, this has come for the courts to admit this truth. However, it soon turned out that authority lies in the hands of the type of evidence.

34. Cohen, H.V., The polygraph and research in Israel, Polygraph(Jr. American Polygraph Assoc., 1976, 5(3):235-243 35. Ibid 36. Sharma, B.R, Scientific criminal Investigation, Universal Law Publishing Co. Pvt. Ltd, Delhi, 2006,p. 67.

57 Jan - Dec 2007 guilt-ridden people confessed under input for this scientific procedure is the flat denial in his expressive statement, narco-analysis to offenses they had probe stimuli, which are formulated on the fact that his recorded brain waves imagined but had not committed, and the basis of the investigation and the i.e. the event markers showed others denied crimes that objective interview. The output of this scientific recognition would indicate that the signs indicated they had committed. procedure is a determination of person is lying and though he knew the “information present” or “information victim, he was denying having seen or APPLICATION OF absent” for those specific probe stimuli, known the victim. Likewise, in the NARCOANALYSIS IN CRIME along with a statistical confidence for assortment of the objects displayed on INVESTIGATION this determination. This determination the computer screen during his probe, if is made according to a specific, scientific he is suddenly confronted with the This technique helps in eliciting algorithm, and does not depend on the weapon which was familiar to him and useful information from the subject subjective judgment of the scientist. The used by him while committing the crime, without the use of third degree. It also electrical responses of the brain are his brain will recognize that weapon and helps in eliminating the innocent person. involuntary and automatic. When a that spark of the triggered memory will Thus, its approach is the most memory response is triggered by recall again be recorded in form of the humanitarian one as far as the field of of past event or incident embedded in measurable typical brain wave, the P300 criminal investigation is concerned. If an the experiential knowledge, the person event marker, which will betray his individual agrees to submit to such a may speak it out or express it in some knowledge about the weapon being the test without coercion as he might submit way if he so chooses to do, or he may same, which he may, if asked, himself to a” lie detector” test and if he decide not to disclose it, in order to avoid consciously deny. The brain is aware of the implications of such an undesirable consequences. Thus, the fingerprinting process is therefore exposure, there could be no objection perpetrator of murder on suddenly projected to be a tool for collecting the to its use as an auxiliary to a properly seeing a photograph of the person whom evidence about the fact whether the conducted examination. In India, he killed will have his memory triggered person probed knows about the salient Gujarat FSL has made a beginning in in form of a brain wave of certain facts associated with the crime of which using this technique and some of the recordable frequency, duration and he has experiential knowledge stored in famous cases like Nithari Kand. Legal voltage, but, he will, ordinarily, not speak his memory. The process of subjecting acceptability of this technique in the about it to anyone and no one will know the suspect to brain fingerprinting may courts as an evidence is yet awaited. that he recognized that photograph. The reveal that he had no knowledge of the According to Vaya37 , it is scientific, same person when subjected to the event or incident and an accurate probe precise and humane in its approach process of brain electrical activation may even establish his non- when handled by the skilled experts. fingerprinting during investigation and participation in the crime. The success Scientific aids used for verifying the probed in a scientific way will again of test would depend on how testimony includes lie detector or recognize the photograph of the person scientifically the probes are designed polygraph examination, forensic killed by him, in the context of his and the readiness of the concerned psychological assessments, and the new involvement and the EEG would at that person to subject himself to the test. emerging technique of brain electrical very moment record the cognitive activation fingerprinting. All these information-processing activity in the Brain Fingerprinting determines techniques are non invasive, brain (manifested by a P300 wave scientifically what information is stored humanitarian in their approach with discovered in 1960’s, which was in person’s brain. It does not determine established methodology on a scientific probably the most thoroughly how that information got there. In order base. However, these techniques help researched event related brain potential), for determination that certain in only verifying the veracity of the betraying the recognition of the information is (or is not) stored in a available information. photograph, though, if asked, the suspect’s brain to be useful to a judge person may flatly deny having seen or and jury, the significance of this finding known that person. Here lies the with regard to the crime must be BRAIN FINGERPRINTING evidentiary value of the relevant fact - established. This is accomplished by the Brain Fingerprinting is a whether the person probed had known investigation and the interview, not by standardized scientific procedure. The the person killed? When he puts up a the Brain Fingerprinting test itself. Brain

37. Vaya, S. L., Narcoanalysis in crime investigation, Workshop on technical legal issues in connection with Polygraph, Narcoanalysis and brain mapping, LNJN NICFS, New Delhi, 26-28 Dec. 2006, p. 47-52.

Academy Journal 58 Fingerprinting is similar to other determine what information stored in the were administered to the defendant. He sciences in this regard. For example, a brain, the scientist will test for. These questioned how one would know fingerprint test can determine that a are idiosyncratic details that will be very whether the items selected for a guilty suspect’s fingerprints match the different from one case to another. As knowledge scenario would be sure to fingerprints found at the scene of the with every forensic science, such work on any guilty party. crime, but the fingerprint test does not considerations are not determined by tell us whether that was because the scientific protocol. Science can Dr. Rosenfeld also indicated he suspect is guilty or because he was at determine what information is or is not does not believe that memory the scene for a legitimate reason before stored in a person’s brain. Judges and automatically stores all of life’s the crime. juries determine on the basis of common experiences forever. He indicated that sense and applicable law what current research has shown that memory Science can only provide implications these scientific facts have is affected by various chemicals and scientific data - in the case of Brain for their determination of whether or not conditions, such as alcohol and drugs, Fingerprinting, a determination of the suspect committed the crime. This brain damage, mental illness. and “information present” or “information distinction is not a weakness or extreme anxiety, during crime situations. absent” regarding specific details of a shortcoming of Brain Fingerprinting He pointed to the example of extreme crime in a specific brain. Science, no testing or of science in general, but anxiety, suggesting that if someone just matter how accurate and valid, is only simply the demarcation line between killed his wife, anxiety might prevent him useful in the context of an effective what can be determined by science and from noticing what color shoes she was investigation. For example, the what must be decided by human beings wearing. He does not believe the investigator must determine whether or using their judgment in a legal arena. developer has done research on these not there is some innocent, legitimate issues. In terms of the Bain Finger reason why a suspect’s fingerprints are printing’s test results, Dr. Rosenfeld VALIDITY at the scene of the crime in order for the questioned the developer’s claim of a scientific finding of a fingerprint match The validity of this technique has 100% accuracy rate. to have value in legal proceedings. In been the matter of debate. Dr Rosenfeld, the absence of adequate investigation, a professor of Psychology and member Furthermore, Dr. Rosenfeld science - no matter how accurate and of the Institute for Neuroscience at believes that the P 300 is a good index valid - may have little weight in the Northwestern University, believes that of recognition, but an indirect index of judicial process. Brain Fingerprinting is a considerable amount of research and deception. It assumes that if the subject no exception. field testing is necessary to establish states that he or she does not recognize the validity of event-related potential the murder weapon, yet elicits a P 300 No science, including Brain measures in detecting deception using when he or she sees it, then the subject Fingerprinting testing, determines a Guilty Knowledge Test. He indicated is lying. He adds that such a conclusion whether or not a suspect is guilty of a that only one field test has applied the leads to a reasonable, but not infallible crime. This is not a scientific but rather Guilty Knowledge Test in a law inference that the subject is lying. a legal determination. Science provides enforcement setting, which resulted in However, a P300 response only indicates data that a judge or jury evaluate on the an accuracy rate of about 44 percent38 . that there is something special and basis of common sense in making such In addition, Dr. Rosenfeld does not recognizable to him or her about that a determination. Just as there is no believe that the developer had done the weapon may be because the subject scientific protocol that will determine extensive validation of the test items for committed the murder, but maybe exactly where a fingerprint expert will field use that has been recommended by because he or she read about the weapon look for fingerprints, and what the Guilty Knowledge Test’s main in the news or because a brother has implications the presence or absence of proponent, Specifically, he believes that such a weapon. Dr. Rosenfeld indicated fingerprints in a specific location have in administering the Brain Fingerprinting that there are no direct deception indices for the question of guilt or innocence, test to the defendant in the Harrington known at present but noted that there is no standard scientific protocol case, the developer used “art rather than researchers are working on one39 . in Brain Fingerprinting testing that will science” in developing the stimuli that

38. Miyake, Y., Mizutani, M. and Yamahura, T., Event related potentials as an indicator of detecting information in field polygraph examinations, Polygraph, 1993, 22(2): 131-49. 39. United States General Accounting Office, Report to Honorable Charles E. Grassley, U. S. Senate entitled Federal Agency Views on the Potential Application of “Brain Fingerprinting” Oct 2001,

59 Jan - Dec 2007 Similarly Dr. Donchin co-authored and psychological disorders on memory As stated by Hon’ble a journal article with Dr Farwell in 1991 and the P 300. Abichandani J.41 , the judicial process is, in which use of the P300 in a Guilty by its very nature, aimed at deciding the Knowledge Test was first described40 . United States General Accounting controversies that arise before the Dr. Donchin believes that the procedure Office submitted a detailed report to courts and a scientific expert can hardly described in the article (labeled more Honorable Charles E. Grassley, U. S. be able to grasp the significance of the recently as “Brain Fingerprinting” by Dr. Senate entitled Federal Agency Views entire judicial process in the context of Farwell utilizes the scientifically well- on the Potential Application of “Brain various laws and myriad disputes that established observation that rare events Fingerprinting” in 2001. According to continue to be effectively dealt with by (i.e. stimuli) presented within the so- this report, officials representing CIA, the courts. called “oddball paradigm” will elicit a P DOD, Secret Service, and FBI do not 300component of the event-related foresee using the Brain Fingerprinting According to Dr. Farwell all that is potential. He indicated that a large body technique for their operations because required is the eagerness on the part of of peer-reviewed scientific literature, of its limited application. For example, the court to get the nature of the developed since 1965, supports this CIA and DOD officials indicated that scientific tool and adduced before it. If observation. However, Dr. Donchin their counterintelligence operations and the scientific expert is able to intelligibly believes that the specific application of criminal investigations do not usually articulate the nature of evidence, there the oddball paradigm for interrogations lend themselves to a technique such as is no reason why the court should not requires much further research. He Brain Fingerprinting because use of the be able to understand and appreciate it. indicated that it is important to realize technique requires a unique level of that memory is an active, creative detail and information that would be The scientific evidences produced process and not a passive repository of known only to the perpetrator and the by forensic scientists, Pscychologist stored images. He believes that while the investigators. These officials indicated and medical expert have been viewed P 300 is a well-established and that they need a tool to screen current differently in different cases and documented phenomenon for and prospective employees, which as situations. The constitutional issues determining whether an event (i.e. indicated above, involves questioning related to the brain finger mapping, e.g. stimulus) has been classified as an item a subject about events unknown to the Witness against himself, Expert witness, of a rare category, it is not clear that investigator. Report also included the The credibility of an expert witness and every item that is classified is one to views of scientists on this technique. Provisions of Section 45 of the Indian which the person has been exposed to Evidence Act are being discussed briefly. in the past. He referred to the A Brain Fingerprinting test can phenomenon of “false memory” and provide scientific evidence in answer to CONSTITUTIONAL ISSUE said he believes that research has amply a scientific question: does a person demonstrated that individuals can report have particular crime-relevant No person accused of any offence a vivid memory that may be quite false. information stored in his brain, or not? shall be compelled to be a witness For example, a subject presented with a This evidence must be evaluated, along against himself as per the protection list of sleep-related items — such as with other available evidence, by a judge granted by Article 20(3) of the “bed,” “sheet.” “dream,” and “snore”- or jury to reach legal decisions such as Constitution. Therefore, a suspect of will be certain that he or she had also whether a person is innocent or guilty the crime cannot be compelled to been presented with the word “sleep,” of a crime. The legal issues - like whether disclose facts, which he can recall from even though it had not been included a person is innocent or guilty - are his memory, likely to implicate him in a among the items presented. Dr. Donchin decided not by science but by the crime in which he was involved. A person pointed out that the “falsely recognized judgment of the people empowered to accused of an offence, therefore, cannot item,” however, will elicit a sizable P 300 make such decisions, the judges and be compelled to subject himself to EEG response. In addition, he firmly believes juries, who take into account not only test for finding out whether the that more research is needed to this science but also all the other information relating to the offence is understand the effects of age; evidence at hand. stored in his brain. When on seeing the substances, such as alcohol and drugs; object familiar to the offender, his brain

40. Farwell, L. A. and Donchin, E., The truth will out:interrogative polygraph (lie detection) with event related brain potential, Psychophysiology, 1991, 28(5), 531-47]. 41. Abchandani, R. K., Evidentiary Significance of Brain Fingerprinting, Workshop on Brain Fingerprinting :An important tool in the investigation of crime, Ahmedabad, 2004

Academy Journal 60 emits a microvolt response of person accused of an offence to brain Provisions of Section 45 of the Indian recognition, he may refrain from fingerprinting test, he should, therefore, Evidence Act : disclosing that fact under the be told in no uncertain terms that the constitutional guarantee. If he is information connected with the offence In the Scheme of the provisions agreeable to the knowledge of the if it is stored in the memory of his brain of Section 45 of the Indian Evidence Act, crime being detected by subjecting will get detected and this would be 1872, it is the Court which has to form him to the computer brain testing, he done without his becoming aware of an opinion upon a point of science etc. would rather give his version in such information being extracted from for which purpose the opinion of the response to an oral interrogation. his memory. Anything short of expert who is specially skilled in the field Before subjecting a person accused of obtaining informed consent of the would be a relevant fact. The judge must, an offence to brain fingerprinting test, accused might raise a constitutional therefore, decide: he should, therefore, be told in no issue of violation of the fundamental 1. whether the witness is indeed uncertain terms that the information rights guaranteed by Article 20(3) of expert in the field; connected with the offence if it is the Constitution. stored in the memory of his brain will 2. whether the field is a genuine get detected and this would be done EXPERT WITNESS area of science; without his becoming aware of such 3. whether, given a positive An expert witness is not a witness information being extracted from his answer to (1) and (2), his of fact. His evidence is really of an memory. Anything short of obtaining particular depositions are advisory character. The duty of an informed consent of the accused credible. might raise a constitutional issue of expert witness is to furnish the judge violation of the fundamental rights with the necessary scientific criteria for There would also be question of guaranteed by Article 20(3) of the testing the accuracy of the conclusions credentials of the expert witnesses. The Constitution. so as to enable the judge to form his most spectacular cases of lying independent judgement by the detected, involved Chief of Serology at application of such criteria to the facts WITNESS AGAINST HIMSELF the West Virginia State Police Crime proved by the evidence of the case. The Laboratory, a pathologist for forty-two As per the protection granted by scientific opinion-evidence, if Texas counties, and an anthropologist Article 20(3) of the Constitution, no intelligible, convincing and tested, “for hire” who is remembered for her person accused of any offence shall be becomes an important factor for bogus shoeprint and “Cinderella” compelled to be a witness against consideration along with the other testimony in a number of criminal cases, himself. Therefore, a suspect of the evidence of the case. as noted by Richard H. Underwood, in crime cannot be compelled to disclose his commentary: “Evaluating Scientific facts, which he can recall from his THE CREDIBILITY OF AN EXPERT and Forensic Evidence” (See American memory, likely to implicate him in a crime WITNESS Journal of Trial Advocacy, Summer in which he was involved. A person 2000, 24 AMJTA 149). He has accused of an offence, therefore, cannot The credibility of an expert discussed how an anthropologist was be compelled to subject himself to EEG witness depends on the strength of the available “for hire” by prosecutors who test for finding out whether the reasons stated in support of his were shopping for an expert, and has information relating to the offence is conclusions and the data and material observed: “Despite the fact that stored in his brain. When on seeing the furnished, which form the basis of his forensic scientists may join, then tout object familiar to the offender, his brain conclusions, (See, State of H.P. v. Jai Lal their memberships in a variety of emits a microvolt response of (1999)7SCC 280). The evidence of an professional organizations, many of recognition, he may refrain from expert is considered rather a weak type which have adopted codes of ethics, disclosing that fact under the of evidence and the Courts do not there is virtually no risk of sanctions constitutional guarantee. If he is generally consider it as offering from professional organizations.” agreeable to the knowledge of the crime “conclusive” proof and therefore, safe being detected by subjecting him to the to rely upon the same without seeking computer brain testing, he would rather independent and reliable corroboration, CONCLUSION: give his version in response to an oral (See, S.Gopal Reddy v. State of The key issue, of course, is interrogation. Before subjecting a A.P.(1996)4 SCC 596). regarding the acceptability of these 42. Workshop on technical legal issues in connection with Polygraph, Narco-analysis and brain mapping, LNJN, NICFS, New Delhi, 26-28 Dec. 2006.

61 Jan - Dec 2007 forensic results in the courts. Between technology. The only point to be make it easier for the court to accept the December 26 and 28, 2006, a workshop42 considered by the courts was that these facts. Most importantly, nowhere is it on technical and legal issues in tests be carried out by trained and written that these tests are not to be connection with the polygraph test, qualified scientists. There is, however, accepted in court proceedings. narco-analysis and brain-mapping was a dearth of such experts in Indian held at the National Institute of forensic labs today.So the answer lies It can be conclude that the Criminology and Forensic Science in in providing extensive training within methods applied for detection of New Delhi, which was also attended by India and abroad to qualified scientists deception have been found useful and senior police and judicial officers. The so that they can acquire expertise in sophisticated methods of interrogation admissibility of these tests in courts was these fields. In the process, they will be ,however their scientific validity and discussed at length and certain able to assist courts in a more meaningful legal acceptability is a matter of debate favourable recommendations with regard manner without any shadow of doubt among scientific and judiciary but to their reliability were drafted for further cast over their expertise and deductions. significant utility of Polygraphy, Brain action. It was felt that courts may accept In the case of narco-analysis, in fingerprinting and Narco-analysis in the results of these tests as they are particular, the test merely confirms an the criminal investigation cannot be ‘reliable’ and based on modern already known fact. Such tests merely overlooked.

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Keep forever in view the momentous value of lie; aim at its worthiest use—its sublimest end; spurn, with disdain, those foolish trifles and frivolous vanities, which so often consume life, as the locusts did Egypt; and devote yourself, with the ardor of a passion, to attain the most divine improvements of the human soul. In short, hold yourself in preparation to make the transition to an- other life, whenever you shall be claimed by the Lord of the world.

J.Foster

Academy Journal 62 OPERATION AMAN (A CRPF initiative on bridging the gap with people of J & K)

A P Maheshwari

BACKGROUND & OBJECTIVES redeeming feature is the inherent commonality of purpose that is to establish normalcy and allow socio- The challenge of tackling economic activities to take place. terrorism/insurgency by a para-military force in any region is normally a CRPF was designated as the main complicated affair due to a number of Counter Insurgency force for the Group intrinsic factors that include hostile of Ministers after the Kargil war in 2001. psychological reactions of the citizens As a consequence, the force was given to a newly introduced force, social, an important role to play in tackling the cultural and ethnic conflicts at the problem of terrorism in the state of cutting edge, use of ideological Jammu and Kashmir. Over 65 thousand propaganda by the adversaries and lack force personnel have been deployed at of optimal level of interaction between the various hot-spots of the state to the locals and the force personnel. All assist the state police. The force these result in a gap of perceptions and personnel have to face all the cultural, lead to festering mistrust in the minds political, social resistance listed above of both the force personnel and the local and some more that are specific to the citizens. Although the situation is situation in a state like J & K which has fraught with grave implications, the a volatile post-independence history of

63 Jan - Dec 2007 resentment against Indian security Cultural differences : In India, all the force will have to take the initiative to forces and personnel. regions, and there are many, are in some reach out the people through whatever ways culturally distinct. These means available. As a professional force it was clear diversities have always been the to the command since the early stage of strength of the nation, but have at times The first and most obvious its deployment, that for achieving the given a handle to the divisive starting point was to establish a working stated goals, mere professional and tendencies. These cultural differences relationship with the local press persons clinical exercise of mandate will never are easy to exploit by the anti-national who are not only aware of the local yield optimal results. The idea of tackling and anti-integrative forces. When needs and problems, but also give terrorism in J & K includes, per se, security personnel from different certain directions to public debates. countering propaganda, which is a part regions are sent for Counter Insurgency Although not a formal part of Operation of tactics of the adversary, maintaining duties, they too become a fodder of Aman, this was the first step in the restraint in face of grave provocations, divisive propaganda and become exercise. We used local Kashmiri media, keep the morale of the personnel high, intrinsic to the problem. Sensitively both print and electronic, as the mediator present a humane and civil profile at all handling cultural difference, therefore, between the forces and the people. The times in interactions with the local becomes important in such situations. initial hostility was evident even in the people and be fair and honest in all media interface, but it soon made way dealings. Economic Hardships : As with all for a healthy understanding of the role insurgency prone regions, J & K too is and motives on both sides of this It is obvious that a routine affected by great economic divides and interface. The interface included both approach would never yield expected outright poverty. Add to it the natural formal and regular briefings and informal results. Secondly, whatever may be the and climatic hardship of the region and daily interactions at various levels, environmental constrains, unless a you get a difficult economic scenario starting from the top leadership. complete synergy with people is that would take time and sustained effort attained, the real multiplier effect of our to turn around. With poverty are The next level of interaction was endeavours may not be felt on the associated the usual mix of with the people directly, and this was ground. It was, therefore, decided to unemployment, illiteracy, hold of slowly cultivated through organization tackle the environmental factors superstitious beliefs and excitable of cultural programmes. At a more subtle seriously and take proactive steps religious leaders. This heady mix is the level, the supervisory officers in the first turnaround the negatives in our favour.. cannon fodder of our adversaries. In a instance, and progressively the Jawans This led to the identification of the limited way, the forces have to take an were sensitized to the need to be at the opportunities for intervention, the ideal account of these factors and take some best behaviour when interacting with tools to do it, finally culminating into steps to bring immediate relief. the local people despite facing initial what was condemned ‘Operation Aman’. provocations and hostilities. Here also Misunderstandings : The breakdown in the result in terms of better relations IDENTIFICATION OF PROBLEMS normal democratic channels of started flowing in slowly. The rapport communications for long periods of time has been easier to establish in smaller Alienation : Through sustained at the local political level has created an towns and villages than the bigger cities propaganda, the adversaries have atmosphere of mistrust. The situation where the people have been fed with succeeded in creating a wedge between lends itself to misunderstandings of sustained negative propaganda for a the people and the para-military forces. motives, aims, modus operandi and longer period. For too long this situation was allowed procedures of the security forces. It is to drift, leading to active hostile easy to provoke and incite the people Electronic media which has gained positions being taken and maintained by against the security forces when the a lot of importance in Kashmir valley, security force personnel and the local people and inadequately briefed about has also been extensively used to reach people. This has the far reaching the reasons behind most of the out. consequence in terms of lack of operations and actions of the forces. actionable and reliable intelligence, Thus, under Ops Aman, various absence of trust and alienation. All of cultural and media interventions were KEY INNOVATIONS these factors have in fact helped the made as follows: adversaries in their aims of Reaching out: The first and most secessionism, and made the task of important innovation has been the • Weekly programme “Shagoofey” controlling the terror groups all the more recognition of the fact that the forces on television for interaction difficult. and specially the leadership within the with masses, particularly children.

Academy Journal 64 • Cultural programmes on these two along with many for institutions (NehruYuva important occasions for better other villages with food and Kendra, Badgam) helped many public interface in an essential commodities for destitute women to stand on informal friendly environment. several months. their own feet by developing economically relevant skills. • Broadcasting of “Hello • A number of intrinsically rich Kashmir” programme on All all India study tours (code Culturally Non-intrusive: In all the India Radio/Radio Kashmir. named “Ehsas’) conducted for programmes conducted/undertaken This aimed an interacting with children from interior regions, under Ops Aman. it has been CRPF Jawans posted in the disadvantaged groups and consciously kept in mind that there valley at various places and orphans of militancy. This also should not be imposition of outside broadcasting messages for carried back home the feeling culture. All the programmes conducted public too along with popular of National Integration. have been in consonance with the local songs. culture and ethos, and often, the • Promotion of sports and intervention has been discreet and • “Phone In” programme on distribution of sports items to understated. Radio Kashmir, in which both various schools and the force personnel and organizations remained on Respect and humility: It is important that the local people participated agenda. Sports have an nowhere in dealing with the people, where people could phone in universal language and appeal. position of superiority is displayed. at given time for resolving their Even in economic interventions, care problems and solutions were The youth in Kashmir have a lot has been taken to project utmost- aired on Radio Kashmir. It led of flair and craving for various sports respect towards those who receive the to accessibility with accounta- but the schools are often lacking in aid. The aim has been to establish bility and transparency. facilities. This is being supplemented partnership rather than domination by the force. Championship tournaments through Ops Aman. The supervisory • Musical jingles and drama were organized in Table Tennis, Lawn officers used by the command in the spots were made and Tennis, Squash etc. “Run for peace” Operation have been thoroughly broadcasted on Radio Kashmir. was organized in Srinagar where people sensitized regarding the need to be from all walks participated. • A number of documentary films humble - indeed, the message that is being sent through them is that the on local themes were made and • Boost to local music was given security forces are there to help the telecasted on local television by organizing stage shows of people get back on their foot and reclaim networks including private local artists. Musical their rightful lives, rather than become channels and government run instruments were also dependent on the forces. Prasar Bharti. distributed (Relief and Rehabilitation centre run by an Benevolent intervention : The hardships Partnership in the mission : It is NGO ’Rahatghar’ in Srinagar). faced by the people of J & K are important that the mission gets numerous and relate to economic under- • Health and hygiene remained strengthened through a more robust development, climatic and natural cause high on priority. Mobile and public participation, right from the and long drawn insurgency. For lending semi-static medical camps in planning stage. Care is being taken to a helping hand to the people in the huge numbers were organized involve the local people at all levels of region, a number of projects were especially in interiors. This has planning and implementation of the undertaken specifically to deal with the made an immediate and projects under Ops Aman. three specific problems listed above. expected impact of spreading happiness and goodwill. Constant and understated : The • Adoption of villages Regular blood donation camps, effectiveness of the project can only be (Kamalkote and Sarai Bundi) for eye camps and AIDS ensured through its continuity and infrastructure development awareness drives also yielding commitment towards its ideals. Single or was a major task. These villages great benefits. random interventions of this nature will were ravaged by the J & K not have an impact, and Operation Aman earthquake, and in the • Economic project for widows of is, therefore, getting sustained support immediate aftermath of the militancy also formed part of from the command. Another important quake, the force had to provide this mission. Sewing machines aspect has been to avoid propaganda

65 Jan - Dec 2007 and moralizing through this project. The HAZI MUSTAFA, HEADMASTER, her younger sister Ulfat are living in messages have been subtle, understated GOVT. BOYS HIGHSCHOOL, Rahat Ghar since 2002. They enjoyed the and pegging on basic principles of KAMALKOTE study tour organized by CRPF. “We had humanity and partnership. a good time together, and we learnt a lot In earth quake our village fully about our country”. collapsed. We cannot believe thai again Progressive : The ideas and concepts we are studying in School. We are very projected through the programme are Master Hussain of Khurhama much thankful to CRPF. progressive, integrative and developmental. Thus, the study tours Miss Sabika, 9th Std, Govt. Girls Master Hussain. S/O late Ab Salam for the children highlight the diverse High School, Bandi: Khatana, resident of Khurhamn. Takipora cultural ethos of the country, promote was dropped at Rahat Ghar by some receptiveness towards new ideas and CRPF has given employment to unknown person. On his he observed. cultures and foster integrative youngsters and orphans of this village. “There is another world with different nationalism. While promoting sports and This is highly motivating for us. dresses, languages and faces looking music, the projects aim at using the differently from Kashmiris. We had universal language of group activities Mr. Fida Hazzan Manaz, Student, travelled from Delhi to Jaipur and back and partnerships. The target groups are Kamalkote: in MHA aircraft. This ride was organized mostly the children, the disadvantaged on behalf of Union Home Minister when and those living in remote regions that CRPF constructed Girls High we called on him during study tour in do not have access to modern means of School in Kamalkote that is why we are Delhi. To me, the plane looked like a big communication and education. studying. Otherwise there was no future fish”. for us.

SUCCESS STORIES : VOICES Miss. Jaswada Iqbal, Student CRPF WIVES WELFARE FROM J & K Kamalkote: ASSOCIATION BLESSES THE YOUNG COUPLE The Operation Aman has made EDUCATIONAL TOUR ORGA- an impact is evident from latest statistics NISED FOR ORPHANS AND Mrs. Mehbooba w/o Abdullah, resident on levels of violence (specially against DESTITUTE CHILDREN OF of Saloora, Kupwara the security forces). But much more KASHMIR authentic are the loud voices of Mrs Mehobboba lived in Rahat appreciation coming out of the valley in Miss Zamrood, Superintendant, Rahat Ghar along with her sisters Nageena and favour of the security forces. Here are Ghar (An NGO) Jabina because her father died due to some of them : paralysis. One of her brother is mentally “During this wonderful trip of challenged. She has seven brothers and educational tour organized by CRPF we sisters. Her mother has no source of CRPF HELPS EARTHQUAKE realized how much we are compromising livelihood. As Mehbooba was growing VICTIMS with our lives. I am still shocked that older she was having a herculean task During the Earthquake (on across the border there are people of marrying her without any resource. 8.10.2005) our village Kamalkote in Uri responsible for making more and more At this occasion regional centre of CRPF was fully destroyed. CRPF jawans and children orphans in the beautiful valley Wives’ Welfare Association at Srinagar officers quickly reached the location at of Kashmir. I pray to God to bless all helped them in all possible manner to Rawani and gave first aid to the victims success to CRPF for their peace keeping marry Mehbooba with Abdullah on 191'1 and evacuated people to the hospital. mission” Sept. 2006. Mehbooba said “CRPF They further walked on foot 10 kms uphill personnel came as angles. I am enjoying to Kamalkote village and saved two Ms Naghat and Ms. Ulfat of village my married life with my husband. We children inside the damaged house. We Machipora. will ever be grateful to them” are thankful to CRPF for providing food Ms. Naghat 19 Years and Ms Ulfat to hungry people of Kamalkote village FAR REACHING CONSEQUENCES for days. They also provided tents and 15 years, daughters of Late Nazir Ahmed logistic items to our village and repaired Quershi and Rezia Begam of Machipora. Benign acceptance and reduced damaged houses. Finally, CRPF Handwara. Nazir Ahmed Quershi and his hostility : The results of the project adopted our village and undertook three sons were killed by militants during started flowing in along expected lines, construction of 9 schools and 4 1997. Nighat’s ambition is to join the but faster than anticipated. There was community halls. security force in the future. Nighat and marked decrease in levels of hostility

Academy Journal 66 faced by the force personnel in the areas Closer rapport: Over the past one year, interventions. It is understandable. It is where the project has been started. the project has become more meaningful, the proof that the initiative taken by Other indicators of the impact have been and has added many more layers and CRPF is an integrated format, has been the increasing number of requests of sub-texts. Human interaction, when it is well placed. such programmes in contiguous areas, a multi-dimensional and two-way more enriching interactions with the process, tends to become complex and (CRPF remains grateful to the press personnel and decreased level of leads to lasting relationships. Such has Ministry of Home Affairs, Govt. of India violence in general and lesser number been the experience with this project for providing the vision and financial of attacks on security personnel in also. The various areas where the support for undertaking Civic Action particular since 2006 when the ‘OPS project was initially started have Programmes) AMAN’ was first launched. demanded more and refined

Fear is not in the habit of speaking truth; when perfect sincerity is expected, perfect freedom must be allowed; not has nay one who is apt to be angry when he hears the truth, any cause to wonder that he does not hear it.

Tacitus

67 Jan - Dec 2007 STRESS MANAGEMENT IN INTERNAL SECURITY FORCES-SEARCH FOR NEW WINDOWS

A P Maheshwari

“Cross over these boulders if content smile on their faces. Various you can, there is no oasis enroute my studies made in connection with stress house”, said a thinker. And it cannot be have also, more often than not, focused more true in the context of the troops on measures which can prove to be heavily deployed in various theatres of effective stress busters and take care low intensity conflict across the of the debilitating sense of loneliness, country, may it be the J&K, North-East distress and morbidity that tends to take or the LWE affected states. Prolonged over their lives. It is essential to mitigate deployments without any intermittent the influence of all such factors which relief, where the concept of a soft otherwise provide a high propensity posting appears to be a mere mirage, towards suicides, fratricides and have almost eclipsed the organic frustrative violence. character of the Force, pushing it further into an intricate web of stress and strain. A search for potent vectors on the This has put a great onus on the Force ‘solution-matrix’ often lead us to the managers to evolve innovative methods, holistic approach essential for stress such that the Jawans can function with management. The concept of the holistic rejuvenated zeal and fervour, carrying a approach, as such, makes it imperative

Academy Journal 68 to perceive a soldier as an independent do not have a hundred percent family importance of family support for a systematic entity with varied integrative accommodation and logistical back up ‘balance’ in work, management and configurations, given the degree of as required. Special allowances and behavioural experts forced private forward and backward linkages one is insurance schemes are missing to organisations to take care of the capable of handling. If we take an compensate for the extra risks to life. At problems of the spouses and empower individual soldier as the control mode, times, technical support systems are not them to manage their affairs in the the segmental chart can be developed, available on work situation to counter absence of the bread earner. Family providing us clear windows for plausible the threats emanating from target intervention programmes were launched interventions. groups and so on. It is agreed that under and spouses were regarded as a a resource-constraint situation, the ‘resource’ and a ‘facilitator’. Innumerable efforts have been optimality has many trade-offs. It is at made by the managers of the Forces to this juncture that we scan through the It is based in these empirical provide relief to the individual soldier stress window and prioritise the success models that we can now focus through planned interventions by intervention areas, given the limitations. on ‘family window’ for stress redressal. improving the quality of work life, On this aspect, following quote would improving service conditions, One of the major arenas of just be appropriate - introducing various welfare measures. inherent strength flows to the individual However, the optimal results have not from his family. The same becomes a “Not undermining the ever yet been achieved either due to financial cause for imbalance if not tackled changing paradigms of behavioural constraints or procedural bottlenecks. properly. This is one arena where we responses of a stress ridden ‘human Jawans are living in sub-human have, perhaps, not paid enough being’, he is to be perceived as an conditions, being largely dependent on attention. Most of the suicides are taking ‘integrated-whole’, playing his the much disturbed states where they place on his return from leave when he professional as well as family roles. have been deployed. Back home, families has been with the family. Realising the

69 Jan - Dec 2007 Hence, our efforts have to be holistic in They can be the best motivational • Family Interaction programmes to nature encompassing not only the managers. empower women to avenues of intermittent relief from stress manage domestic issues in ridden work situations but also On the other hand, when domestic absence of bread earner. empowerment through a happy situation management is also taken as an official • Empowerment through avenues for where capacity building for his family is field and organisation facilitates families alternate source of income. also effectively addressed”. of workers to manage their affairs well, the demand on the workers from his • Family integrated learning The intrinsic image of a ‘brave’ domestic front considerably comes modules for addressing husband, a ‘daring’ father, a ‘patriotic’ down and he is able to focus on his job professional problems. son or a ‘committed’ officer have more without experiencing any adverse • Extra privileges to add dignity as motivated the soldiers to perform best situation of emotional stress. well as premium to high during the most dreaded circumstances. Illustratively, certain options could be risk jobs. This has been true since times as under:- immemorial. This intrinsic strength is To conclude, innovation holds generated by the ‘women power’ in the • Compact townships with the key. We need a paradigm shift from house. There have been instances when facilities of health care, education, administrative outlook to managerial this resource base has done wonders. housing, shopping, etc. response.

You may be whatever you resolve to be. Determine to be something in the world, and you will be something “I cannot,” never accomplished anything; “I will try,” has wrought wonders.

J. Hawes

Academy Journal 70 THE NATIONAL POLICE ACADEMY - A GLIMPSE

A gush of thought, like an electric eel That surpassed my mind with zeal, The moment I stepped into the National Police Academy, With my dream come true, to be a part of it, this time as faculty!

The National Police Academy In Hyderabad - the city once of royal hegemony.

Located over acres of green stretches It’s a Premier Institute because of the pristine National Glory it fetches.

An “Alma Mater’ of all IPS Officers nation-wide. It begins its history here from Nineteen Hundred and Seventy Five.

Relocated from Mount Abu to the rocky-terrains of Hyderabad. It started as a “dream project’ in a gigantic wild-set-up.

Slowly but steadily over the years It nurtured and groomed many batches without a smear.

In virtues of discipline, duty, service and courage And relayed them into their cadres for performance of values thus inculcated.

P.T., Parade, Swimming and horse-riding, Sports, U.A.C., and Firing, Criminology, Investigation, Law, Order and Maintenance, All subjects indoor and outdoor are to be mastered with equal competence.

Cultural programmes, field visits and movie reviews. It’s a never-ending list of things to do.

And batches after batches. Have their own tales of woes and surprises!

The state of the Art facilities so well-provided What with an Olympic size swimming pool inside it.

A riding ground to instill O.T’s with courage and grit. And the Millennium Training Complex with modern class-rooms in it.

The impressive auditorium, the synthetic athletic track, And the beautiful “Rajasthan Bhawan’ at the back.

71 Jan - Dec 2007 The Computer and Forensic Lab and the modern library The Obstacles’ Course and the “Dhyan Kendra’ in its territory. Are all symbols of modern training in positive entirety!

The lovely ‘heights’ of the Academy House - The aboard of the Director of this splendid Academy - a prestigious post, no doubt.

The Central IPS Mess is where the officer trainees reside. And the Mess Lounge is where they toast to the President on a “mess night’, in loud resound.

The Grand Statue of Sardar Vallabhbhai Patel The Iron Man’, who symbolizes Police in Faith. Stands tall inspiring the Probationers To bow to be duty-conscious learners.

In the midst of the Academy, stands the ‘Martyrs’ Column’ Reminding us of THEM who laid their lives in harness.

Today the NPA stands on world map With a motto to teach the importance of rule of law, service to the nation, women, down-trodden, poor and needy

Even if it meant to sacrifice life like Shri Ghamandi Singh Arya and Shri Ajay Kumar Singh, at the altar of duty

Proud it stands with its glorious pages of history Of having mothered brilliant Police officers/martyrs of the country. Who have passed down year after year the glory to posterity.

The ‘Gateway’ to the Academy Recasts the minds of all those entering upon with grit and determination that’s sturdy!

May our Institute grow and prosper And stand like a sovereign nation’s strength and glitter!

- Anupam Saxena, Asst.Director (IS.)

Academy Journal 72 For the Authors

1. Articles submitted to the journal should be original contributions and should not be under consideration for any other publication at the same time. A certificate to this effect should invariably accompany the article. 2. The length of the article should not generally exceed 5000 words. 3. Two copies of the article typed or printed on any type of computer printer in double space with wide margins on good quality paper should be sent. If the articles are typed on computer, a floppy containing the article may also be sent. 4. An abstract of the article in 100-200 words and a brief autobiographical note about the author including full name, designation, postal address/e- mail address should also accompany the article. 5. One copy of the article may be retained by the author as the original article sent for publication cannot be returned. 6. The article should be proof-read and free of corrections. 7. Foot-notes and bibliographical references wherever required should be provided along with the article with proper numbering. 8. References should be cited in the text by using the last name(s) of author(s) and year of publication, using page numbers only in the case of a quote. Multiple citations should be alphabetized. For references with more than two authors, only the first author should be listed, followed by et al. If more than one work published in the same year by the same author(s) is cited, they should be designated following the footnotes, if any. Example of a bibliographical reference: Raj.S (1989) “The Effects of Crime Rates”. The SVP NPA Journal,Volume XV No.2 Jan-June,89. 9. A submission to SVP National Police Academy Journal is regarded as a commitment to publish. Submission to other journals under review is not acceptable. 10. The copyright for articles published is transferred to SVP National Police Academy. THE PUBLICATION TEAM Ms. Satwant Atwal Trivedi Assistant Director (Publications) Assisted by : Savitri Sridevi Kiran Murali