The Indian Police Journal July - September, 2012 l Vol. LIX l No. 3 EDITORIAL BOARD CONTENTS Shri K.N. Sharma, IPS 1. Editorial 2 DG, BPR&D 2. Prison Management : Recent Trends 4 Chairman Shipra Chauhan & Swati Upadhyay 3. Effect of Probation and Admonition on 22 Reformation of Offenders Caesar Roy Shri Radhakrishnan Kini, IPS 4. Equilibrium Thinking - An Innovative 34 ADG, BPR&D Technique for Prison Staff and Prisoners Member Dr. S. Usharani & Dr. Prateep V. Philip, IPS 5. Plight of Forgotten Man - Victim 43 Inderpreet Kaur 6. Dowry and Women Convicts 53 Smt. Nirmal Chaudhary, IPS Dr. Roop Kamal Kaur IG/Director (SU) 7. An Ergonomic Questionnaire Study 70 Member on the Job Stresses of Police Officers Atanu Saha, Subashish Sahu & Gautam Paul 8. Human Rights of Minorities and Police 82 Smt. Rina Mitra, IPS in Multi-cultural Society of Ireland IG/Director (Adm.) Dr. Radhanath Tripathy & Dav McInerney Member 9. Access to Justice for Victims 100 Approaching the All Women Police Station - A SWOT Analysis Ms. Sunanda Bhagavathy & Dr. Beulah Dr. Ish Kumar, IPS Shekhar 10. Differentiating between the Profiles 115 IG/Director (Trg.) of Participants Vs Witness of an Event Member using BEOS Test Anjali Yadav, Dr. M.S. Dahiya, B.B. Daundkar, Dr. M.V. Garad 11. Safe Routes to School (SRTS) 130 Shri Sunil Kapur M.A. Saleem, IPS DIG/DD (SU) 12. Seizure of Digital Equipment 143 Member P. Vinod Bhattathiripad 13. Combating Corruption in India: Issues 152 and Remedies Editor Syed Umarhathab & S. Jailap Deen 14. Carbon Monoxide A Silent Killer 162 Gopal K.N. Chowdhary Dr. B.R. Rawat The Indian Police Journal
EFORMATION or correctional Administration and the right of accused above and over the victim have been the two major developments world over in the realm of Rcriminal Justice System in modern times. In ancient and mediaeval times, there was no concept of Reformation and right of accused, and Justice was instant, without staggered and delayed trial that has become rather bane of the criminal Justice system. In this issue, we have discussed the reformation and right of accused at the cost of victim and related issues. The most significant development in realm of Criminal Justice System has been transformation of punishment as reformation and correctional mechanism. The offender or the criminal is given one chance to reform himself or herself. There has been paradigm shift in this regard as jails or incarcerations have been/ are being turned into Reformation house/Reformatory and its administration is being termed as Correctional Administration. This is very positive development. The Government of India, under the aegis of the Ministry of Home Affairs, has taken many steps in this regard. A Directorate of Correctional Administration has been set up in the Bureau of Police Research and Development and it has been guiding and coordinating the states in adopting the correctional and reformative agenda and translating these into actionable goals. The oppressive and inhuman conditions of the jails are being replaced with humane and reformative ones. The Bureau has issued a Modern Prison Manual to standardize and synergize the efforts in this regard. A substantial amount of aids and grants are being allocated for this purpose. However, as police and jails come under State List, being the state subject, it would take some time to achieve the desired goal. The paper, “Prison Management: Recent Trends” by Shilpa Chauhan and Swati Upadhyay, discusses some of the issues and trends that have drawn the attention of Policymakers and different stakeholders of Criminal Justice System. There are about 1200 Prisons of various categories, housing over three times the population of offenders as dealt with through alternative of incarceration. The prisons continue to be located and structured more or less as they were in colonial time and changes that have brought forth has been incorporated somewhat clumsily in the old system, the paper maintains. Nevertheless, the prisons are getting better and Model Prisons like Tihar jail, are class apart from that of the past ones. Now India is gearing for Second Phase of Prison Modernization and Reformation. The Central Government provided an outlay of Rs.1,700 crores to the
2 July - September, 2012 The Indian Police Journal
States during the first phase of the Scheme (2003-2008). In the Second phaseof modernization, an outlay of Rs. 35,000 crore has been sanctioned and being disbursed to the State. This Pro-active approach of Central Government has resulted into a positive change in the management and conditions of jails. Another pertinent issue is the probation and admonition for reforming the offenders which merits the attention from policymakers and various stakeholders of Criminal Justice System. Shri Caesar Roy, in his Paper, “Effect of Probation and Admonition on Reformation” looks into this aspect of reformation. The aim and objectives of the probation and admonition are to prevent young offenders from converting into hardened criminal. It has been observed that once a young or first time offenders are put into jail, he or she generally transforms into hardened and seasoned offender. This could be prevented by using the probation and admonition which is one of powerful instrument of Reformative Justice system. The paper discusses various problems and bottlenecks in implementing this instrument as enshrined in the Probation of Offenders Act, 1958, and how to remove these. The psychological well-being and cognitive readjustment is not less important in reforming prisoners and prison staff. That is what Dr. S. Usharani and Dr. Prateep V. Philip, IPS vouch for in their Paper, “Equilibrium Thinking: An Innovation Technique for Prison Staff and Prisoners’. However, the negligence of victim at the cost of offender seems to be the most reprehensible development in Criminal Justice System. While offender has every right, ranging from right to be silent to that of not guilty unless proved otherwise, the victims are left to fend for themselves. The victim feels or made to feel as if he were the offender despite being victim of a crime. Ms Inderpreet Kaur, in her Paper, “Plight of Forgotten Man-Victim”, presents a balanced view on Victimology. “An indifference to the rights of the victims of crime is fast eroding the faith of society in the criminal justice system. There is an urgent need for recognizing and defining the rights and remedies for a victim of crime. It is necessary to give a pivotal status to the victim of crime as otherwise victim may develop a tendency to take law into their hands.’ There are other papers such as “Access to Justice for Victims: Approaching the All Women Police Station- A SLOT Analysis’ by Ms. Sunanda Bhagavathy & Dr. Beulah Shekhar, “Dowry and Women Convicts” by Roop Kamal Kaur, “Human Rights of Minorities and Police in Multi-Cultural Societies of Ireland’ by Dr. Radhanath Tripathi & Dav MacInerney are some of the other papers that discuss the related issues of Victimology and reformative justice.
(Gopal K.N. Chowdhary) Editor
July - September, 2012 3 Prison Management Recent Trends
Shipra Chauhan*& Swati Upadhyay**
Keywords Prison, Management, Criminal Justice Administration, Penal Administration, Incarceration, Custodial Care, State of Crisis, Legacy & British Rule, Indigenous Penal System, Overcrowding, Undertrials. Abstract There are about 1,200 prisons of various types, which house over three times the population of offenders as are dealt with through alternatives to imprisonment. The prisons continue to be located and structured more or less as they were in colonial times, and any change that has been incorporated somewhat clumsily has added to the problem. India is a federation; the State’s functions are distributed structurally into Central and State subjects. Jails and Prisons are essentially State Subjects.
Introduction RISONS, as a formal agency of the Criminal Justice Administration, has a unique role in a democratic society. They are deployed, Pboth for incarceration of convicts, as well as for providing custodial care to the undertrials. In India, prisons constitute the largest area of penal administration. There are about 1,200 prisons of various types, which house over three times the population of offenders as are dealt with through alternatives to imprisonment. India is a federation; the State’s functions are distributed structurally into Central and State subjects. Jails and Prisons are essentially State subjects.1 Thus, the Management and the Administration are looked after by the State.
Author Intro. : * B.A., LL.B. (Hons.), VII Semester. ** Dr. Ram Manohar Lohiya National Law University, Lucknow.
4 July - September, 2012 The Indian Police Journal
However, today, the Prison agency is said to be in a state of crisis. They are marked by subhuman material conditions, overcrowding, lack of sensitivity, weak motivation and rampant corruption amongst the prison functionaries. The main reasons for such a state of affairs are: First, priority accorded to prisons at political and social levels, Second, lack of transparency and visibility of the prison system in public eyes and Third, inadequate training and orientation of the Prison officials. In the tradition of the Theory of Precedent, the judgements of the Appellate Courts have a binding or persuasive value for the later decisions on the point. Particularly, the judgements of the Supreme Court of India are accorded the highest precedental value in terms of the Article 141 of the Constitution. Thus, for all the courts as well as other State agencies, the Supreme Court rulings constitute as binding law, violation of which can entail contempt proceedings. Similarly, for the concerned State, the judgements of the relevant High Courts constitute the binding law.2 Growth of the Modern Prison System The prison system as it operates today in our country is a legacy of the British rule. It was an indigenous creation of the colonial rule over our indigenous penal system with the prime motive of making imprisonment “a terror to wrongdoers”. The following extracts from the historic Minute of Lord Macaulay issued at the meeting of the Legislative Council of India on 21st December, 1835 is a reflection of this observation: During the long period of over eighty years that elapsed since the report of the Prison Discipline Committee came out in 1838, several Commissions and Committees were appointed by the British Government to go into the various aspects of Prison Management and Discipline in this country as a follow-up of the recommendations made by these official bodies, various Prison Acts and Regulations were enacted, including the Prisons Act of 1894, which is the current law governing administration of prisons in India.
1 Prison Administration in India”, Hira Singh (Punishment and the Prison, by Rani Dhavan Shankardas). 2 “Supreme Court and High Court: Rulings on Prison”. www.bprd.gov.in
July - September, 2012 5 The Indian Police Journal
There are about 1,200 prisons of various types, which house over three times the population of offenders as are dealt with through alternatives to imprisonment. The prisons continue to be located and structured more or less as they were in colonial times, and any change that has been incorporated somewhat clumsily has added to the problem. India is a federation; the State’s functions are distributed structurally into Central and State subjects. Jails and Prisons are essentially State subjects.3 Objectives of Prison As in the year 1920, the Indian Jails Committee had unequivocally declared that the reformation and rehabilitation of offenders was the ultimate objective of prison administration. This declaration subsequently found its echo in the proceedings of various Prison Reform Committees, appointed by the Central and State Governments under international influences. The United Nations Standard Minimum Rules for the Treatment of Prisoners, formulated in 1955, provides the basic framework for such a goal. The International Covenant on Civil and Political Right propounded by UN in 1977, to which India is a party, has clearly brought out that the penitentiary system shall comprise treatment of prisoners, the essential aim of which shall be their reformation and social rehabilitation. It is, however, seen that whereas, India is second to none in terms of an enlightened thinking with regard to the purpose and objective of imprisonment of the gap between proclaimed principles and actual practices appeared to have been widening in recent years.4 In 1864, the Second Commission of Inquiry into Jail Management and Discipline was appointed. While recommending the Commission made some specific suggestions regarding security and custody of prisoners, improvement of diets, clothing, bedding and medical care, rehabilitation of prisoners and also made suggestions as to the inmate management, staff management, etc. It is the Prisons Act, 1894, on the basis of which the present Jail Management and Administration is operating in India.5 Thus, the recent trends followed in the Prison Management are discussed further.
3 Supra Note 1. 4 Model Prison Manual for the Superintendence and Management of Prisons in India, formulated by Bureau of Police Research & Development, Ministry of Home Affairs, Government of lndia, New Delhi, 2003, p. ix. 5 www.cili.in
6 July - September, 2012 The Indian Police Journal
Security & Custodial Management Most inmates prefer a quiet, clean and orderly prison where they can serve their time in the safe environment. A proper security can ensure inmate safety and provide staff with good working conditions. Thus, this is required for both the inmates and the officers on duty. Secure custody of inmates is the primary responsibility of the prison. Further, prison custody implies certain restrictions on the basic human rights of prisoners as basic human being under the process of incarceration that prisoners are required to undergo.6 There are certain norms in respect of security and custody in prisons, which say– l That the security measures should be adopted in accordance with the specific requirements of each prison. l Secure walls, building gates, barracks, hospital areas, cells and other places, daily inspection on the same and proper maintenance of prison building and premises. l An arrangement of good lighting inside and around the prison. l A system of thorough searches of all incoming and outgoing prisoners. Daily searches and periodical surprise searches of all prison sections on equipments. l Thorough system of counting prisoners. l A system of custody and control and inspection of locks. Keys, handcuffs and other security equipment, maintenance and service of all security equipments. l Installation of closed-circuit television system and other electronic gadgets to effectively monitor and maintain a close watch for any breach of security inside the prisons. l Watch towers, wherever necessary, to watch inside and outside the prison, to be constructed and searchlights and binoculars made available. l Untrained personnel not to be posted inside the prison, prison premises, under any circumstances for guarding purposes. l A system of thorough search for unearthing explosive and narcotic substances among prisoners.
6 ibid.
July - September, 2012 7 The Indian Police Journal
Moreover, it has been suggested that there will be guarding establishment in every prison, responsible for the guarding of prisoner, prison premises, gate and carrying out any other duties, which will be assigned to them. The guarding establishment includes the Warders performing their duties in rotation. In all Central and District Prisons, there will be a reserve guard consisting of 8-20 Warders, who have undergone commando training, with use of modern weapons. Maintenance of duty roster is a must by the prisons to keep a check on the duties assigned to the Guards or the Warders. Moreover, another important fact for the security of the inmates is that there are various categories of prisoners like there are some, who are very ferocious ones and others may be weak, thus, it is suggested that the violent prisoners should be kept separately and they should not be placed with the weak ones to avoid any kind of fights in the prison. Maintenance of proper History Tickets for the prisoners should also be done and it shall go with the prisoner wherever he is transferred from one group to another. Another crucial aspect under custodial and security management is the issue of custody of arms and it is necessary for the officer concerned to make sure that arms are never left within the reach of prisoners. All necessary arms when not in use should be kept in the guardroom. The security management should be such that the Deputy Superintendent, Assistant Superintendent and Guards will be responsible to ensure that no ladders, planks, bamboos and ropes, which are likely to facilitate escape, are left lying about. If such materials are to be taken inside for use, these will be properly escorted and will be sent out of the prison after use. Every Warder in charge of a workshop will be responsible to see that all such articles are properly secured and put away when work ceases and give a certificate to that effect in the lock-up register.7 Prisons will be run on the basis of dynamic security. Dynamic security depends on the use of alternative methods for which interaction with prisoners will be a prerequisite to make them aware of what is going on and to ensure them that they are being kept in safe and humane environment. It is not only means of preventing escape, but also maintaining constructive relations with prisoners. The staff will also be made to understand that security not merely implies guarding the wall and fence, but also action engendering a sense of protection and mutual trust. Thus, these are certain trends to be followed by the 7 Model Prison Manual, p. 63.
8 July - September, 2012 The Indian Police Journal prison officials for the management of security of prisons and custody of prisoners. Financial Management The Seventh Finance Commission considered it necessary that a norm of Rs. 3 per head for diet and Rs. 1 per prisoner for other items like medicine, clothing, etc. per day should be a minimum, and inclusive of prison overheads (not including the headquarters, cost of direction and administration). A minimum of Rs. 6 per day per prisoner should be provided in all the States. Accordingly, the Commission recommended an allocation of Rs. 48.31 crore for the States, which were found lagging in these aspects. Moreover, a Conference of Chief Secretaries of all the States & the Union Territories was held on 9th April, 1979, in order to assess the gaps in the exsisting Prison Mangement System and to lay down guidelines for standardization of prison conditions throughout the country. This Conference made a detail examination of the issues pertaining to Prison Management and on the basis of the consensus arrived at the Conference, the Government of India requested the State Government and Union Territory Administration– l to revise their Prison Manuals on the lines of the Model Prison Manual; l to provide legal aid to indigent prisoners and to appoint whole time or part time Law Officers in prisons; l to have at least one Borstal School set up under the Borstal School Act, 1929 for youthful offenders in each State; l to create separate facilities for the care, treatment and rehabilitation of women offenders; l to prepare a time-bound programme for improvement in the living conditions of prisoners with priority attention to sanitary facilities, water supply, electrification; l To develop systematically the programmes of education, training and work in prisons; and may other such recommendations were given in the Conference relating to the Administration and Management of Prison.
July - September, 2012 9 The Indian Police Journal
The Government of India has constituted an All India Committee on Jail Reforms under the Chairmanship of Mr. Justice A.N. Mullah in 1980 and submitted their report in 1983. This Committee all the aspects of Prison Management and made suitable recommendations respecting various issues involved. A total of 658 recommendations made by this Committee on various issues and Prison Management were circulated to all States and Union Territories for its implementation, because the responsibility of managing the prisons is that of the State Governments as “prisons” is a “State” subject under the List II - State List of the VII Schedule (Entry 4) of the Constitution of India. Maintenance of Prisoners Certain guidelines are provided for the maintenance of prisoners by the Model Prison Manual, which includes directives regarding food, clothing, hygiene, education and recreational facilities; it also includes grant of proper and adequate wages to the prisoners in accordance with the work undertaken. Prisoners should be provided with proper nutritious diet with special care to pregnant and nursing women. In the case of R.D. Upadhyay v. State of Andhra Pradesh & Ors.8, the Supreme Court gave certain directives regarding women prisoners and their children. Some of them were:– l A child of the women prisoner shall not be treated as an undertrial convict while in jail with his mother. Such a child is entitled to food, shelter, medical care, clothing, and education as a matter of right. l Women prisoners with children should not be kept in sub-jails, which are not equipped to keep small children. l The stay of children in crowded barracks amidst women convicts, undertrial and offenders relating to all types of crimes, including violent crimes, is certainly harmful for the development of their personality. Therefore, children deserve to be separated from such environments on a priority basis. Every prisoner shall have three meals a day according to the scales prescribed. These shall be: (i) A light meal in the morning before the hour of work; (ii) A midday meal; and (iii) An evening meal before prisoners are locked up for the night.
8 AIR 2006 SC 1946
10 July - September, 2012 The Indian Police Journal
Every convict under sentence of Rigorous Imprisonment or of Imprisonment for Life shall be required to wear prison clothing as prescribed in these rules and shall be supplied with prison bedding. Other prisoners, such as undertrial prisoners and detenues, shall be supplied with clothing and bedding if they make an application to the Prison Superintendent for this purpose. Such clothing shall be of a colour different from that issued to convicts, so that the distinction between convicts and other prisoners is visible. The State will fix the scale of clothing and bedding according to climatic conditions taking into account security and discipline of the prison.9 Moreover, a day for weekly maintenance and inspection of the clothes and bedding of the prisoners should be decided and the prisoners should be made to wash their clothes once a week. Regarding cleanliness, all pits and pools of water stagnant, near the prison shall be covered or filled up. Open drains, if any, around the prison shall be carefully attended to and drainage in prison should be underground, drainage cuts shall be cleaved wherever necessary to prevent accumulation of water all which should be connected directly to the public drainage system. Toilets should be properly cleaned and the drainage system should be well-managed. The cells of the prisoners need to be cleaned on appropriate intervals as per the guidelines of the Model Prison Manual. Hygiene of the prison as well as the prisoners has to be kept in mind for the proper management of prisons. Due attention has to be given to the medical facility provided to the prisoners. There should be a hospital fulfilling all the basic requirements within the compound of the prison. And, a Medical Officer should be appointed specially for the prisoners. Special attention needs to be given to drug addicts and such prisoners should be kept separately, so that they may not influence other prisoners. The prisoners must be provided with adequate wages in lieu of work undertaken by them. Several appeals were filed by State Governments challenging the judgements by the respective High Courts on the issue of prisoners’ wages. The State Governments were with the agreement with the view that the present rates of wages paid to prisoners are too meagre and hence, they must be enhanced.
9 Model Prison Manual, Bureau of Police Research & Development, p. 80.
July - September, 2012 11 The Indian Police Journal
The main question required to be addressed by the Supreme Court was, “whether prisoners, who were required to do labour as part of their punishment, should be paid wages for such work at the rates prescribed under minimum wages law.”10 In this case, on the question of quantum of wages, the court stated that it should be permissible for the Government to deduct a reasonable percentage of wages from the minimum wages, for expenses that the State incurs for providing food, clothing and other amenities to prisoners. On the fixation of wages, the court discussed the Mullah Committee Report quoting that the “rates of wages should be fair and equitable and not merely nominal or paltry. These rates should be standardized so as to achieve a broad uniformity in wage system in all the prisons in each State and Union Territory”. Inmate Management The most fundamental goal of every jail is to maintain a safe and secure environment for inmates, staff and visitors. Effective management of inmate behaviour is critical to achieving this goal. Traditionally, jails have sought to control inmates solely through physical containment, namely, hardware - locks, steel doors, security glass and alarm systems. Staff safety was believed to depend on maintaining physical barriers between staff and inmates. In the absence of staff management of inmate behaviour, however, the emphasis on physically containing inmates failed to keep jails secure. With inmates left to their own devices inside cell blocks, problems, such as violence, vandalism, and lack of sanitation became so common that they seemed inherent to jails, which, along with communities, have paid dearly for these problems through costly litigation, staff and inmate deaths, jail riots and fires and escapes. Over the past 25 years, jail practitioners have learned that jails do not have to be and should not be out of control, dangerous or filthy. Ample evidence shows that control of the jail can be established through effective management of inmate behaviour. There must be a combination of inmate management philosophy with a specific jail design that conveys an expectation of positive inmate behaviour, facilitates staff interaction with inmates, and promotes management of inmate behaviour. Such that the Staff is able to interact extensively with the inmates and provide continuous supervision.
10 State of Gujarat & Anr. v. Hon’ble High Court of Gujarat, AIR 1998 SC 3164.
12 July - September, 2012 The Indian Police Journal
In Charles Sobraj v. Superintendent, Central Jail, Tihar, New Delhi11 Charles Sobraj, an inmate at Tihar Jail, complained of barbaric and inhumane treatment meted out to him whilst in custody. These allegations led the Supreme Court to examine the limits and purpose of judicial intervention into prisons. Supreme Court observed that “whenever fundamental rights are flouted or legislative protection ignored to any prisoner’s prejudice, this court’s writ, breaking through stone walls and iron bars, to right the wrong and restore the Rule of Law”. “The criminal judiciary has thus a duty to guardian their sentences and visit prison, when necessary.” Judicial policing of prison practices is implied in the sentencing power, thus, the “hands-off’ theory is rebuffed and the court must intervene when the constitutional rights and statutory prescriptions are transgressed to the injury of the prisoner. The right to life of a person is more than mere animal existence, or vegetable subsistence. Therefore, the worth of human person and dignity and divinity of every individual vide Articles 19 and 21 of the Constitution is applicable even in a prison setting. There must be some correlation between deprivation of freedom and the legitimate functions of a correctional system. Imprisonment does not spell farewell to fundamental rights laid under Part III of the Constitution. Prisoner(s) retain all rights enjoyed by free citizens except those lost necessarily as an incident of confinement. Therefore, it is a court’s “continuing duty and authority to ensure that the judicial warrant deprives a person of his life or liberty is not exceeded, subverted and stultified”. The Supreme Court directed that, although in its final pronouncement, the court dismissed the petition, however, the principles that were laid down are still considered as “having laid bare the constitutional dimension and rights available to a person behind stone walls and iron bars”. Overcrowding Overcrowding is a global phenomenon and a cause of major concern for Prison Administration and Management all over the world. Prison
11 AIR 1978 SC 1514.
July - September, 2012 13 The Indian Police Journal overcrowding is one of the most challenging problems faced by Criminal Justice Systems all over the world; a problem that still persists in spite of falling crime rates and extensive prison construction programme and various measures taken by Governments. Overcrowding in India is not primarily due to higher rate of imprisonment, but because of higher number of undertrial prisoners. This is despite the fact that Indian Courts have been very liberal in granting bail to accused persons. The number of prisoners released on bail before trial is very high as compared to those arrested. Thus, it hinders the path of proper management of prisons. Prison overcrowding endangers the basic rights of prisoners, including the right to an adequate standard of living and the right to the highest attainable standards of physical and mental health.12 Analysis of prison population housed in the prisons during the last three years shows that undertrial (unsentenced) population in Indian Prisons is around 68% of the total population. There is another significant factor connected to the problem of abnormal proportion of undertrial prisoners in prisons in as much as it relates to conviction (sentenced) rate recorded by the courts.13 In Ramamurthy v. State of Karnataka14, the Supreme Court has dealt with the issues relating to general living conditions, overcrowding, open prisons, delay in trials, etc. A prisoner in the Central Jail, Bangalore sent a letter to the Chief Justice of India explaining against the “non-eatable food, mental and physical torture in prisons and denial of rightful wages to the prisoners”. Having reviewed the available literature on prisons, the court observed that there were nine major problems, which afflicted the prison system and its management in India and they require immediate attention. Overcrowding and maintenance of prisons was one of them. Further, Supreme Court directed the concerned authorities to take into consideration the recommendations made by the Law Commissions of India in its 78th Report on the subject of “Congestion of undertrials in jail” and also taking into account the suggestions of the Mullah Committee relating to streamlining the remission system and premature release “parole”, and doing the needful. Overcrowding
12 www.penalreform.org 13 www.bprd.gov.in 14 AIR 1997 1739.
14 July - September, 2012 The Indian Police Journal in prisons has resulted in denial of the required ground, air and lateral ventilation spaces to the prisoners, which could affect their physical and mental health. It has also laid pressure on utilities, such as water supply and sewerage systems. The workload of security staff also increased, hampering their ability to control crime and violence in the prisons. Thus, overcrowding is a serious problem and Judiciary has to play a major role in curbing it. The initiatives taken by the Government of India and the States through allocation of funds for modernization of prison administration (having an outlay of 1,800 crore for the five-year period 2002-2003 to 2006-2007) has started making positive impact in reducing overcrowding and maintaining improved hygienic conditions in prisons. Prisons in India have poor physical conditions and poor infrastructure in terms of proper buildings, hygiene and sanitation, housing for prison staff, etc. Overcrowding in prisons is not a problem unique to India only. It is equally, if not more, severe in many other countries. Thus, it is necessary for the State to allocate more funds towards prisons for their proper maintenance and management. More construction of prisons can also be a viable solution. Rehabilitation The process of aftercare and rehabilitation of offenders is an integral part of institutional care and treatment. Rehabilitation refers to a process aimed at enabling persons to restore to formal ability, it aims at improving criminal character, so that he can live in a society without committing further crime and can also earn his living when released from prison. Among the various forms of rehabilitation programmes, interventions that help equip an individual to secure meaningful employment in today’s increasingly competitive economy will be most successful and useful. Further, the private and public sector must recognize the need to provide employment opportunities for this segment of population. Vocational training and work programmes should be treated as essential features of the correctional programmes. The objective of such rehabilitation and correctional programmes as provided in the Model Prison Manual should be: l Imparting discipline and work culture among inmates. l Developing right attitude towards work and dignity of labour.
July - September, 2012 15 The Indian Police Journal l Promoting: physical and mental well-being of inmates; proper development of mind through intelligent manual labour; spirit of fellowship and a cooperative way of living; and a sense of group adjustment l Developing capacity for sustained hard work. l Building habits of concentration, steadiness, regularity and exactness in work. l Imparting and improving work-skills. l To help the individual satisfy legitimate, personal and unique needs. l To make positive and constructive use of the prisoner’s time by teaching him how to learn, imparting normative societal values, broadening his horizons, and fostering his creativity. l To provide the means of coping with the strains of daily home and prison life. l To give guidance and instruction on vital practical issues. l To raise self-confidence by fostering and reinforcing the prisoner’s talents, to develop his sense of independence, initiative and responsibility by setting individual projects and giving encouragement and feedback. l Formal education (formal classes, from illiteracy level to secondary level, meeting five mornings per week for terms of three months at a time. l Informal education (activity groups, workshops, projects, one- time educational activities on specific topics and special events for all prisoners in a facility). A report from “Business Outlook” reveals that though small in size, the nascent prison industry in India is finally waking up to its potential. There are 1,328 jails - Central, State and District - and also innovative open jails where those undergoing life terms tend to fields. Jails hold about 3.58 lakh prisoners. Revenue from the sale of goods produced by prison inmates in 2007 was Rs. 66.45 crore. An example can be
16 July - September, 2012 The Indian Police Journal
Pune’s Yerawada Jail, which perhaps houses the country’s biggest industrial complex within its high walls, posted a profit of Rs. 55 lakh, on a turnover of Rs 5.45 crore. The range of activities in Indian Prisons range from carpentry, textiles, smithy, tailoring, paper and leather works to baking and candle-making. The Agra Jail runs a glass-making unit and the Thane Prison’s bakery flaunts one of the best automated ovens in the country, imported from Germany. Prisoners in some other jails are engaged in dairy business also. Tihar, in association with Excel Industries, also set up a waste recycling programme to convert kitchen and horticultural waste into manure. During Bedi’s time, Tihar earned Rs. 25 lakh annually from the sale of manure, while earlier, it was spending lakhs to dispose of it. Prison inmates of the Jammu Jail are engaged in candle-making and on the eve of Diwali, the festival of lights, Police officials at the Jammu District Jail in Amphalla, have appealed to the general public to reaccept inmates as reformed individuals who have completed their sentences. With the growing number of prisoners, the potential for revenue generation is huge. While the raison d’être of prison industry is to keep inmates constructively occupied and provide rehabilitative skills, a mere tweak of the system can result in big benefits. “Prisons cannot only pay for their charges, but also address the problem of overcrowding by deploying surpluses for expansion of infrastructure”, says Kiran Bedi.15 She introduced several measures to light up the lives of those languishing in Tihar Jail when she headed the Jail Administration a few years ago. There is now a centre each of the Indira Gandhi National Open University (IGNOU) and National Open School at Tihar that provides educational opportunities for inmates. Bedi has created the 3C model of Prison Management, which encompasses corrective, collective and community-led initiatives.16 Moreover, the policy of the Government should be that the employment and production policy in prison should be designed to cater to the needs of prisoners coming from both rural and urban areas. A policy should be laid down for the employment of carefully selected prisoners in public undertakings, cooperative farms of the State, and agro-based industries organized in the cooperative sector when they are released from prison. Prison officials can also take help of Non-Governmental
15 www.business.outlookindia.com 16 R.K. Raghavan, “The Hell that is called Prison”. www.flonnet.com
July - September, 2012 17 The Indian Police Journal
Organizations for setting up Rehabilitative programmes for the prisoners. Such programmes are a new ray of hope for the prisoners as they provide a sense of satisfaction, contentment and provide a fair chance to utilize their time spent in prisons in a fruitful way. Staff Management The successful implementation of correctional programmes for the prisoners mainly depends on the quality of the prison staff at various levels. The most crucial factor which, if unfulfilled, can adversely affect proper management or functioning of prisons, is lack of trained staff. As we all know, the problem of overcrowding persists in prisons all over the country and compared to that the prison staff on duty is very less. The two major problems are inadequate number of prison staff and lack of well-trained prison staff. Thus, it is necessary for the proper management of prisons that well-trained people should be appointed, which are well versed to tackle any kind of problem or emergency that may turn up within the jail premises. Qualified technical personnel should be appointed in adequate numbers in every production unit and for every programme of vocational training. Such personnel could be posted in the prison on a transfer- cum-deputation basis from the Industrial Training Institutes of the State. In Tihar, the newly-recruited prison staff undergoes comprehensive training at Delhi Police Training School/College. The training of personnel is of paramount importance in a system of scientific Prison Management of modern times. A properly trained staff will always be an asset in the effective implementation of correctional policies and programmes. Only prison personnel, especially trained for the job and genuinely devoted to the cause of reclamation and rehabilitation of prisoners, can lead them to the cherished goal.17 Much emphasis should be given on training in correctional work rather than on the security based training of the prison personnel. In the case A Convict Prisoner in the Central Prison v. State of Kerela18, the High Court directed that the State should ensure that short-term appointments of prison staff are not made, and that adequate trained staff is provided in jails, keeping in view needs of security. Necessary facilities for the jail staff should be provided as a congenial working 17 C.P. Bhambri, op. cit., Part II, p. 88; M.P. Sharma, “Public Administration in Theory and Practice”, pp. 360-375. 18 AIR 1993 Cri.L.J. 3242.
18 July - September, 2012 The Indian Police Journal environment can alone ensure a contended service. Kiran Bedi in one of her articles has written, “with the seniors busy in other more important departments, prison staff is left on their own, barring an occasional court summons on a petition filed by a prisoner”. In any case, prison posting is treated as punishment posting. Once posted, the staff spends their entire life feeling truly imprisoned. They get very few chances to be posted to some other department and get to perceive prison administration in a broader light - in terms of rehabilitation, for instance. Training is negligible and research non-existent.19 Overcrowding of prisons also accelerates this problem as then the workload of security staff also increased, hampering their ability to control crime and violence in the prisons. To be an efficient unit and centre for protection and correctional treatment, a prison must essentially be a scientifically manageable unit. Training of Prison personnel has remained woefully neglected in India. This is essential not only for ensuring efficiency, financial discipline and control, but also for minimizing corruption in department and proper management of the prison system. The Draft of National Policy on Prisons formulated by All India Committee on Jail Reforms of 1980-1983 mentions that prison service shall be developed as a professional career service. The State shall endeavour to develop a well-organized prison cadre based on appropriate job requirements, sound training and proper promotional avenues. Efficient functioning of prison depends undoubtedly upon the personal qualities, educational qualifications, professional competence and character of prison personnel. The status, emoluments, and other service conditions of prison personnel should be commensurate with their job requirements and responsibilities. An All India service, namely, The Indian Prison and Correctional Service shall be constituted to induct better qualified and talented personnel at higher echelons. Proper training facilities for prisons shall be developed at the National, Regional and State levels.20 Conclusion Prisons have started getting much attention since past 5-6 years. Now, India is preparing to sponsor the second phase of prison modernization scheme. It supported the State Governments under the first phase of the 19 www.bprd.gov.in 20 Roy, Jaytilak Guha, “Prisons and Society”.
July - September, 2012 19 The Indian Police Journal scheme during 2003-2008 with an outlay of Rs. 1,700 crore. That was meant for construction of more prisons, staff quarters and renovations of old buildings. Under the new phase, usage of technology in Prison Management is added. The programme is all set to kick-start in States with an outlay of Rs. 3,500 crore. A lot of change has been witnessed in the management of prisons regarding issues of security, custody, inmates and staff of prisons. Prisons, as institutions, are barely considered when it comes to State budgets. Though budgets are fixed and allocated, but they never suffice and the money sometimes never reaches proper hands. As a result, prisons find themselves starved of adequate funding. This systematically constructed isolation of our prisons deflects the gaze of civil society institutions, which includes the Media. Due to this, all the steps taken for the proper management of prisons become unfruitful. The Model Prison Manual compiled by the Bureau of Police Research & Development, is a perfect document to look into proper maintenance and management of prisons and it is necessary for the States to comply with the guidelines given in it in every possible way. Moreover, the Draft of National Policy on Prisons formulated by the All India Committee on Jail Reforms of 1980-1983 lays certain express guidelines that State shall endeavour to bring about basic uniformity in the minimum standards of management of prisons and the treatment of offenders in the country. It further suggests incorporation of the principles of management of prisons and treatment of offenders in the Directive Principles of State Policy embodied in Part IV of the Constitution of India and also lays emphasis on inclusion of subject of prison and allied institutions in the Concurrent List of Seventh Schedule to the Constitution of India. The Judiciary should also play an active role and should keep an eye on the working of prisons. It is a directive of Supreme Court that there should be nomination of Lawyers by the Judiciary to visit prisons as part of the visitorial and supervisory judicial role. Periodical visits by District Magistrates and Sessions Judge should also be made.21 Management and maintenance of prisons needs to be given more emphasis in the affairs of the country. Prison should be made as much a public institution as a university or hospital and there is a need to remove its isolation and integrate it functionally and physically into society for, only then, the Prison Manual so prepared will become useful. 21 Rakesh Kaushik v. B.L. Vig, Superintendent, Central Jail, New Delhi, AIR 1981 SC 1767.
20 July - September, 2012 The Indian Police Journal
Paper presented during the 33rd All India Criminology Conference on “Criminal Justice System: Challenges and Future Agenda”, held on October 22-24, 2009 at the Faculty of Law, University of Kashmir, Hazratbal, Srinagar. References Books: 1. Carlson, Peter M. & Garrett, Judith Simon, “Prison and Jail Administration”, Jones & Bartlett Publishers. 2. Chowdhury, Nitai Roy, “Indian Prison Laws & Correction of Prisons”, Deep and Deep Publications Pvt. Ltd. 3. Hutchinson· Virginia, Keller Kristin & Reid Thomas, “Inmate Behaviour Management: The Key to a Safe and Secure Jail”, National Institute of Corrections. www.nicic.gov.in 4. Model Prison Manual for the Superintendence and Management of Prisons in India, formulated by Bureau of Police Research & Development, Ministry of Home Affairs, Government of India, New Delhi, 2003. 5. Pollock, Joycelyn M., “Prisons Today And Tomorrow”, An Aspen Publication. 6. Roy, Jaytilak Guha, “Prisons and Society”, Gian Publishing House. Articles: 1. Cavadino Paul, Chief Executive of Nacro (UK), Thompson Beverley, Head of HM Prison Service Race and Equalities Group (UK), “The Rehabilitation of Prisoners – The Role of the Custodial Institution”. 2. CHRI, “Community Participation in Prisons - A Civil Society Perspective”. 3. “Draft of A National Policy on Prisons”, formulated by the All India Committee on Jail Reforms of 1980-1983. 4. Kumar Manoj, “Formulating A Pragmatic Prison Policy for India: A legal Prospective”. 5. Karnam Dr. Murali, Consultant, Prison Reform Programme, Commonwealth Human Rights Initiative, New Delhi, “Prison Modernisation: Does it bring Change”? 6. Prison Visiting System in India (community intervention into prisons). 7. Raghavan, R.K., “The Hell that is called Prison”. 8. BPR&D, “The Problem of Overcrowding in Prisons”. Websites • www.penalreform.org • www.bprd.gov.in • www.cili.in • www.humanrightsinitiative.org • www.business.outlookindia.com • www.delhi.gov.in • www.flonnet.com
July - September, 2012 21 Effect of Probation and Admonition on Reformation of Offenders Caesar Roy*
Keywords Release, Probation, Admonition, Reformation, Good Conduct, Surety, Youthful Offender, Probation Officer, Pre-sentence Enquiry Report, Compensation Probation of Offenders Act, Criminal Procedure Code. Abstract The popular notion and belief is that substantive sentence of imprisonment would deter the criminal from committing the crime once again and the punishment would serve to check the criminal tendency of the offender and would set an example for others, is not an acceptable theory of Penology in modern Criminal Justice System. The emphasis is not laid on deterrent punishment now, but what is important is to give the offender an opportunity to reform himself, so that he can lead a normal life. Release of the offender on probation is one kind of Reformative process – whereby the needs of the community are balanced with the best interests of the offender. The object of the Probation and Admonition is to prevent conversion of youthful offenders into obdurate criminals of matured age, in case they are sentenced to undergo substantive imprisonment in jail. There are many difficulties in the implementation of the scheme under the Probation Laws. So, some suggestions have been given to improve the working of the probation system. Introduction EFORMATIVE Theory of Criminal Justice has gained worldwide support in recent years and all civilized nations and more Rparticularly socialistic and democratic countries of the world have adopted various measures and statutory enactments, to apply Author Intro. : * L.L.M., PGDCFS. Lecturer in Law, Midnapore Law College, Midnapore-721102, West Bengal.
22 July - September, 2012 The Indian Police Journal correctional method of punishment. Reform the criminal and not punish him is the consensus of the opinion of the modern Criminologists all over the world. The modern criminal jurisprudence has emphasized that no one is a born criminal. Man turns into a criminal by force of circumstances like abject poverty and other circumstantial and environmental conditions, and not by choice. Thus, Reformative Theory of Punishment is more applicable to a civilized society. Release the offender on probation is one kind of Reformative process – whereby the needs of the community are balanced with the best interests of the offender. Probation is not the result of any intention or planned legislation, but it is a consequence of voluntary and humanitarian approach to mend the offender for his rehabilitation. The term ‘Probation’ is derived from the Latin word ‘Probera’, which means ‘to test’ or ‘to prove’. According to E.H. Sutherland, Probation is a status of convicted offender during a period of suspension of sentence in which he is given liberty conditioned on his good behaviour and in which the State by supervision, attempts to assist to maintain good behaviour. According to Webster’s International Dictionary, the meaning of ‘Admonition’ is counsel or advice, a warning, gentle reproof, to warn or notify of a fault, cautions, directions, to reprove with mildness and to remind. Probation Laws in India In India, the first legislative effort regarding probation appears to be the enactment of Section 562 in the Criminal Procedure Code, 1898 and when, in the year 1974, Code was recast and freshly enacted as the Criminal Procedure Code, 1973, this provision becomes as Section 360. In 1958, in pursuance of International Agreement, Indian Parliament enacted the comprehensive law – Probation of Offenders Act, 1958. Before passing of this Act of 1958, the only Central Law on Probation was contained in Section 562 of Criminal Procedure Code, 1898, which ceased to apply after the passing of Probation of Offenders Act, 1958. Besides, the Juvenile Justice (Care and Protection of Children) Act, 2000 also provides for the release of children, who have committed offences, to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or fit person executing a bond, with or without surety or any fit institution as the Board may require for the good behaviour and well being of the juvenile for any period not exceeding three years.
July - September, 2012 23 The Indian Police Journal
Object of Probation Laws The object of the Probation of Offenders Act, 1958 is to prevent conversion of youthful offenders into obdurate criminals of matured age, in case they are sentenced to undergo substantive imprisonment in jail. The above object is in consequence with the present trend in the field of Penology, according to which effort should be made to bring about correction and reformation of the individual offenders not to resort to retributive justice. But, there was no provision for this reform, rehabilitation and supervision in the Code of Criminal Procedure. Passing of the Probation of Offenders Act indicates that something more was required than just letting a person off, in order to reform and rehabilitate him. Principles & Practices of Probation Laws Sections 3 and 4 of Probation of Offenders Act, 1958 are the key sections of the Act to deal with probation in India. Section 3 of the Act deals with power of the court to release certain offenders after admonition. This section is applicable to the first offenders and it is discretionary in nature. The court has to consider the circumstances of the case, including the nature of the offence and character of the offender. Section 4 of the Act deals with power of the court to release certain offenders on probation of good conduct. According to this section in the case of a person, who is less than 21 years of age and is convicted for an offence not punishable with imprisonment for life, he shall not be sentenced to imprisonment unless there exist reasons, which justify such a course. The Supreme Court in Chhanni v. State of Uttar Pradesh [2006 Cri.L.J. 4068 (SC) : (2006)2 SCC(Cri)466], held that under Section 4(2) of the Act, though the court is not bound to follow the report, it is mandatory to call for and consider the report and it is a condition precedent for the release of the convict on probation of good conduct. The provision for award of compensation to the victim, who has suffered loss and damage sustained by the offenders, have been mentioned in Section 5 of the Probation of Offenders Act, 1958 and Section 357 of the Criminal Procedure Code, 1973. Section 6 of the Act makes it easier for a person below twenty-one years of age to benefit from probation. The pre-sentence report of the Probation Officer is the fundamental document for the guidance of the court whether to grant the benefit of probation to the accused
24 July - September, 2012 The Indian Police Journal or not. The object of the pre-sentence report is to appraise the court about the character of the offender, exhibit his surroundings and antecedent and throw light on the background, which prompted him to commit the offence and give information about the offender’s conduct in general and chances of his rehabilitation on being reason on probation. Before deciding by the court whether the accused should be granted benefit of Probation Laws, three aspects are to be kept in mind – circumstances of the case, nature of the offence and character of the offender. An inbuilt safeguard is provided in sub-section (2) of Section 6 that when the court is considering the third aspect, i.e. character of offender, then before the court forms its opinion adverse to the offender in that regard, it must seek a report from a Probation Officer or get any other information available relating to the character and physical and mental condition of the offender. The Juvenile Justice (Care and Protection of Children) Act, 2000 also provides for the report of a Probation Officer or a recognized voluntary organization to be considered before passing a sentence. The Magistrate appointed as a Member of the Board constituted under this Act must know something of child psychology. The Board would pass orders against a juvenile. The Act provides for the setting up of Observation and Special Homes by the State Government where the juvenile could be placed. Here, the rehabilitation and social integration of the child would take place. It also provides for an aftercare programme, which would take care of the delinquent child after he has been discharged from these homes, based on the report of the Probation Officer. The Probation Officers appointed under the Probation of Offenders Act would also function under the Juvenile Justice (Care and Protection of Children) Act. Problems in the Implementation of Probation Laws Section 4 of the Probation of Offenders Act, 1958 is a beneficial provision and it brings reformation and rehabilitation of the offender in the society. But, the subordinate Criminal Courts normally do not apply Section 4 of the Act and never insist upon execution of bond and they take to easy method of releasing the offender after admonition by applying Section 3 of the Act, which is a short-cut way of reformative criminal justice, which in the long run, neither corrects the offender, not it has any social effect.
July - September, 2012 25 The Indian Police Journal
In my opinion, there are various problems, which are facing in practical implementation of Probation Laws in India. Some of the problems are discussed below: (i) The Probation of Offenders Act, in Sections 4(2) and 6(2), lay down that report of the Probation Officer is considered before awarding probation. But, the courts generally have shown scant regard for the pre-sentence report of the Probation Officer because of lack of faith in integrity and trustworthiness of the Probation Officers. In their view, calling for the pre-sentence report would mean unnecessary delay, wastage of time, undue exploitation of the accused by the Probation Officer and likelihood of biased report being submitted by him, which would jeopardize the interest of the accused and would be contrary to the object envisaged by the correctional penal policy. (ii) Section 6 of the Probation of Offenders Act, which makes it easier for a person below 21 years of age to benefit from probation. This is regardless of their antecedents, personality and mental attitude. It might lead to recidivism, because many of them may not respond favourably to this reformative mode of treatment. But, uses of these provisions are necessary to protect younger generation from becoming professional criminals and, therefore, a menace to the society. (iii) Section 4 of the Probation of Offenders Act, 1958 does not make supervision of a person released on probation mandatory when the court orders release of a person on probation on his entering into a bond with or without sureties. This is not in accordance with the probation philosophy, which considers supervision essential in the interests of the offender, against corrective justice. (iv) As we discussed above, according to Sections 3 or 4(1) of the Probation of Offenders Act, 1958, called for report from the concerned Probation Officer regarding the physical and mental condition of the offender and his character and antecedent, etc. But, in practice, mechanical orders are passed releasing the offenders under Sections 3 and 4(1) of the Act without obtaining or collecting confidential report and information about the offenders from the Probation Officer of the area, where the offender ordinarily resides. It has come to light that neither Judicial Officers feel it desirable to get report from the Probation Officers, nor the Probation Officers feel it obligatory on their part to submit their reports in the courts unwarranted.
26 July - September, 2012 The Indian Police Journal
(v) The after-probation services are not very effective. Thus, even considering that a sentence of probation has been passed and the offender is placed under supervision, it is nothing more than a regular visit to the officer. There is no scientific process of rehabilitation and the Probation Officers are not adequately trained. They are recruited between 20 and 26 years of age. They are grouped into districts and supervised by a State/Provincial Chief. There is no in-service training and occasional refresher courses, and thus, they are not adequately trained. (vi) The lower Judiciary in India has not at all taken into consideration the objects and reasons of this Act, while applying its discretion in regard to grant of probation. In an umpteen number of cases, the accused had to move the High Court and even the Supreme Court to get the relief of probation. If an accused gets relief of probation only in the High Court or the Supreme Court after passing through the turmoil of a long and cumbersome judicial process, he would, psychologically, be more hardened and anti-establishment. Thus, the whole purpose of the Act would be defeated. Criticism against the Concept of Probation If offenders are not punished suitably and adequately, the faith and confidence of public in Criminal Justice System is bound to erode and the tendency to obey the law will be decreased gradually, which would not be good for the society. But, if offenders are punished according to the gravity of the offence, then the people will think twice before committing the offence again, rather they will follow law strictly and also the convicted person after punishment will hesitate to commit it again. Before applying Probation Laws, this matter should be considered. Some of the criticisms are given below: (a) There is an impression and feeling among the people that Probation Law is an easy let-off of the wrongdoer and it is a form of leniency shown to the offender and not a punishment. This opinion of the public mind is quite true when the offender is released after admonition. In past where an offender was released on admonition by the courts under Section 562 of the Criminal Procedure Code, 1898, it had definitely a statutory impact on the offender so as to correct himself, but in this era of Modernization, Globalization, growth of Industrialization and expansion of Cities and Metropolises with the rapid expansion of population, it is very hard to say that release of an offender after admonition would at
July - September, 2012 27 The Indian Police Journal
all serve any useful purpose and achieve the object of law for reformation of the offender. Generally, no agency outside the court maintains the record as to how many persons are released after admonition under Section 3 of the Act except there are some entries in the records of the Magistrate lying in a dusty corner. No one has bothered to enquire, ascertain and bring it to the notice of the court about the subsequent conduct and attitude of the offender, who was released after admonition by the court. Actually, in real practice, admonition has absolutely no impact nor it brings about the desired result on the life and activities of the offender. (b) Section 3 of the Act has become a dead law in the statute book as it has outlived its services with the changing pattern of the society with its new socio-economic dimensions. It is accepted proposition that law must be in conformity with the changing social forces. This Act was enacted near about 150 years back, may not be able to respond to the needs of the present-day society. The offences, like theft and cheating are generally committed by planning and not by sudden impulse. These are in the form of economic offences and cannot be treated liberally in view of the fact that the offences of the theft and cheating are on the increase and are against the interest of the protection of society mainly because mere release with admonition does not strike such terror in the mind of the offender that he will not commit it again. (c) In spite of the statutory provisions, as already mentioned earlier for awarding compensation to the victim, who has suffered humiliation, indignity, loss of reputation, loss and damage to his property and injury, both physical and mental, and even loss of life sustained by the offender, the court in very rare occasion award compensation to the victim. The offender is released without grant of any compensation to the victim of the crime. In very rare cases, the State is considered to be the victim or aggrieved party. If actually the State is aggrieved, it is the duty of the State to punish the wrongdoer and also at the same time, to protect the victim by duly compensating him for the loss and damage. In a Welfare State, it is the duty and responsibility of the State to reform the criminal by applying reformative laws, like Probation Laws, but at the same time, the necessity to adequately compensate the victim of the crime cannot be overemphasized.
28 July - September, 2012 The Indian Police Journal
(d) It is not only a matter of experience, but it is the human feeling and sentiment that the aggrieved party, who has suffered loss and injury to his person and property, is never satisfied with admonition of the accused by the court, but he is always concerned about grant of compensation in some form or other. So, in the era of reformation of criminal and new sentencing policy, the practice of releasing the offender after admonition under Section 3 of the Act without grant of compensation to the victim would not serve the object of law, and also it has no reformative impact on the offender as well as the society. (e) Actually, Section 3 of the Act is applicable to the first offenders and it is discretionary in nature. The court has to consider “the circumstances of the case, including the nature of the offence and the character of the offender”. But, most interesting provision of this section is, it does not require the court to call for a report from the Probation Officer. Though, according to this section, if “no previous conviction is proved against him”, the court can release him under this section of the Act, after due admonition, but it is still not provided in this section, how the court can satisfy itself about the character, including previous conviction and other relevant factors of the offender and about the possibility of his not belonging to a group, which has criminal tendency. (f) Unfortunately, Section 3 of the Act does not make any provision to call for a report from the Probation Officer and to consider the report while dealing with the offender – which is a serious lacuna in the Act. Even if the object of Section 3 appears to be noteworthy, in absence of inbuilt safeguards, the lawbreakers can escape from punishment by invoking to Section 3 of the Act. (g) Though, under Section 12 of the Probation of Offenders Act, it is provided that the offenders released on probation will not suffer any disqualification attaching to conviction in his employment, yet it is revealed that this provision is not followed in the private sector even in some Government Organizations. (h) There is confusion among the Judicial Officers that both the provision of Code of Criminal Procedure as well as Probation of Offenders Act could be applied simultaneously. The root cause for this appears to be the predilection of the Trial Courts for Section 360 of the Code. The Trial Courts seem to have taken the notion that the provisions of Section 360 of the Code can be
July - September, 2012 29 The Indian Police Journal
equally used in place of provisions of the Act. They find it simpler, easier and perhaps less cumbersome and time-consuming than the provisions of the Act and a strong tendency has, therefore, grown to rely more and more on the provisions of Section 360 of the Code. The provision of Section 360 of the Code has no application in the States or parts thereof where this Act is in force. So, where the provisions of the Probation of Offenders Act are applicable, the employment of Section 360 of the Code, 1973 is not to be made. The Supreme Court also in this regard makes this provision clear. In Chhanni v. State of Uttar Pradesh [2006 Cri.L.J. 4068 (SC) : (2006)2 SCC(Cri) 466], our Apex Court held that where the provisions of Probation of Offenders Act have been brought into force, the provisions of Section 360 of the Criminal Procedure Code, 1973 are wholly inapplicable. Despite the Police reform, the police remain in the dark about the correctional laws and the goal of probation system in Criminal Justice System. Most of them have no faith in probation system and, therefore, they harass probationers by exercising their arresting power on the suspects. They even threaten the probationer to make adverse report, if the probationers do not fulfil their illegal demands. Some Suggestions for Effective Probation Laws Some suggestions have been given below, which may be implemented at the legislative and administrative level, which would make probation more effective in India: l The proviso to Section 4 of the Act lays down that probation would be granted only after the offender or his surety, have fixed place of abode or regular occupation. A large segment of offenders consist of the poor, the illiterate and the unskilled. It would not be possible for them to fulfil the conditions in all cases, hence, the proviso should be amended to not make it mandatory, and leave it at the jurisdiction of the court. Amendment could be made to the Code of Criminal Procedure to include the provisions for pre-sentence report and supervision. To make the Judiciary more responsive, an amendment could be brought about in the Probation of Offenders Act, which would make it mandatory for the Judiciary to lay down the grounds as to why the benefit of probation must not be given, on the lines of Section 361 of the Code.
30 July - September, 2012 The Indian Police Journal l The provisions under the Probation of Offenders Act and the Code of Criminal Procedure could be amended to be similar to the Juvenile Justice (Care and Protection of Children) Act, where more detailed procedures are laid down, like for the setting up of observation homes, report of the Probation Officer. l It must be made mandatory for offenders to be placed under supervision of a Probation Officer, by amendment under Section 4(3) of the Act, as that would best serve the philosophy of probation. If the officer feels that the offender would not commit a crime, he could then submit to the court an application for the offender’s discharge. There must be some trained probation personnel. This is not there today, because the task of the Probation Officers is not given much importance in India. It is considered to be a mere formality, but if utilized well, they would be most effective. The quality of probation service must be improved by making the service conditions of the probation staff more lucrative. The probation personnel ought to be specially trained, so that they can discharge their duty as Probation Officer completely. l Though there are provisions for award of compensation to the victim under the Probation Laws as mentioned earlier, but in practice, seldom and in rare cases, these provisions are applied. The ends of justice can be best served when the award of compensation is directed to the victim by the offender, while releasing him on probation under the Probation Laws. If the State fails to perform its primary duty to punish the wrongdoer and to realize reasonable amount of compensation from the offender, who is let off with a warning only, the chance of taking vengeance by the aggrieved party is not ruled out. Hence, to safeguard this problem, the punishment must be adequate as justice should not only be done but must appear to have been done. Now, it is the time that Legislature must start rethinking to have a fresh look on the law relating to Victimology. l A nationwide uniform scheme of training for probation personnel with emphasis on social work and rehabilitative techniques would serve a useful purpose to improve the efficacy of probation service in India. Guidelines for the training of Probation Officers as have been laid down in the United Nations Standard Minimum Rules for Non-Custodial Measures, may be followed to the extent possible.
July - September, 2012 31 The Indian Police Journal l Further, an increased investment on correctional services for the poor, illiterate and unskilled would be most productive not only in reducing crime, but also in improving the quality of life among the strata they come from, and where ultimately they have to return to. The Kerala Government has provided for an Aftercare Programme to rehabilitate probationers. They are given an assistance upto Rs. 10,000/- per head. By utilizing this amount, they can engage in small-scale income-generating activities. If the amount of assistance is insufficient for meeting the expenses, this can be attached with some Bank loan. Such services could be extended to the rest of India. l Further, this system must be extended to rural courts, where there is general lack of social agencies to undertake the task of rehabilitation of offenders. Rural delinquents may be more responsive to this correctional method of treatment than the urban offenders because of their relatively simple lifestyle. In developing probation and aftercare services, it should be ensured that women and children are specially assisted. l Recidivists have often proved a failure in the process of probation. It has, therefore, been generally accepted that probation should only be confined to the cases of juveniles, first offenders and women offenders. Though Section 360 of Cr.P.C. lays down that only first offenders will be granted this benefit, if they arenot below 21 years of age, no such condition has been laid down in the Act. Necessary amendment may be done to rectify it. l To make Sections 3 and 4 of the Probation of Offenders Act more effective and responsive to the need of the community and social demands, the execution of bond with conditions like payment of compensation and execution of bond with surety plus the control and supervision of the Probation Officers after release of the offender, should be made mandatory in the Act, which would instil confidence in public mind regarding the efficacy of the law relating to probation. l Actually, there is no necessity or need of Section 3 of the Probation of Offenders Act in the present-day society. So, it is left to the Legislature, either delete this section or make this provision more rigid by in-built safeguards by way of suitable amendments according to the need of present era.
32 July - September, 2012 The Indian Police Journal l Another important factor is insufficient number of Probation Officers. The court cannot call for the report from the Probation Officers though the calling for the report in some cases becomes very urgent. This is because of the lack of Probation Officer. The State should make necessary arrangement for the appointment of more Probation Officers or if Probation Officers are not available in sufficient numbers, then, in my opinion, the word ‘if any’ occurring in Section 4(2) should be deleted. l At present, the work of probation is assigned to different departments in different States. In some States, probation service is placed under the Social Welfare Department, while in others, it functions under the Panchayat Department or the Home Department. It is advisable to have an independent Department of Correctional Services on the pattern of the State of Gujarat at the National level to exclusively deal with rehabilitation of offenders, of which probation is one of the techniques. Conclusion After more than 60 years of our Independence, most of the people in our society are still ignorant about the beneficial results of the probation system, which are community-based treatment for the offenders. So, any legislative enactment and its implementation by the Government in this regard will not become effective and attain its goal, unless it is supported by the public through active participation in the welfare agencies of the community. Thus, while concluding, it can be said that the concept of probation would be effective only where the Judiciary and the Administration work together. There must be a common understanding between the Court and the Probation Officer. Probation would be effective only when there is a sincere attempt made to implement it. It would be of great benefit for a country like India, where the jails are often overcrowded, with frequent human rights violations, which would harden the human inside a person. Probation is an affirmation of the human inside every being and it must be given due importance.
July - September, 2012 33 Equilibrium Thinking An Innovative Technique for Prison Staff and Prisoners Dr. S. Usharani* & Dr. Prateep V. Philip**
Keywords Equilibrium Thinking, Normative Rules, Maladjustment, Prison Subculture, Self- Motivation, Alternate Training Programs, Self-esteem, Positive Commands, Negative Commands Abstract Four hundred and eighty-five prison staff and one thousand and four prisoners from eleven prisons of Tamil Nadu filled up a questionnaire on the methods adapted to overcome anger, frustration and tension. Results of the study (2004-2005) indicate the need for an alternate method for stress release and self-reform or meditation called Equilibrium Thinking that can be practised by both prison staff and prisoners in an user-friendly way. Introduction OST of the prisoners in any prison system are in for having committed crimes of passion, namely, due to anger or revenge Mor jealousy or fear. They continue to suffer from such passions while they are incarcerated. Hence, any intervention, while they are in custody, should be addressed to heal them of such infirmities. Every society with the dawn of civilization came up with its own normative rules and legal codes for its proper functioning. If the members follow these rules, it would bring about a situation through which society could attain social unity, conformity and cohesiveness in its social system. Majority of the persons conform to the norms and laws, which is the process of socialization by the society or social groups. Some of the members go astray from the rules and norms due Author Intro. : * Dr. S. Usha Rani, Psychiatrist ** Dr. Prateep V. Philip, IPS
34 July - September, 2012 The Indian Police Journal to maladjustment and other factors and show their resentment to the measures of social control. They violate the codes of the society. The challenge of maintaining harmonious relations between persons and society - a perennial issue for mankind - has got aggravated during the present times. Prison Institution Prison Institution and Correctional Administration is one of the three main constituents of the Criminal Justice System. With the change in the perception towards prisoners, prisons are no longer considered only as a place for punishment. Instead, they are considered as reformatories and great attention is given to ameliorate the conditions of jails, so that it has a healthy impact on prisoners in developing positive attitude towards life and society. Pioneering work in this regard was done by Dr. Kiran Bedi as Head of the Tihar Prison System. Prisons are small societies and studies of prison life have detailed the existence of prison sub-culture, replete with inmate values, social roles, and lifestyles. Prison sub-cultures are very influential and must be reckoned with in both inmates and staff. Complicating life behind bars are the numerous conflicts of interest between inmates and staff. Lawsuits, riots, and frequent grievances are symptoms of these differences. Problems, which exist in conventional society, are mirrored and often magnified inside of prison. HIV-infected inmates, geriatric offenders and the mentally ill-all constitute special groups within the inmate population which requires additional care. Crime does not stop at the prison door, nor does rehabilitation automatically begin. If we expect prisons to meet the demands of rehabilitation and reformation, we must be willing to solve the problems of the prison first. Statement of the Problem Equilibrium Thinking – An Innovative Technique for Prison Staff and Prisoners Evolution of the Problem Discussions with the officials of the Prison Department, Labour Employment, Social Welfare, Industry and Psychologists indicate some oversimplified requirements for the inmates like better prison space
July - September, 2012 35 The Indian Police Journal per inmate, or increased expenditure for reducing crime rates. Issues like the role of vocational training for rehabilitation and inputs on ethics and morality and spirituality are also getting into the reckoning slowly. Importance of the Study The problem in studying various aspects regarding prison staff and prisoners has largely been on account of inadequacy of information (knowledge) pertaining to the Criminal Justice System that make the identification of cases difficult. In the last decades, Researchers nationally have made only a modicum of efforts to examine the sociological aspects of crime. The main objectives framed for the present investigation were: l To identify the needs of the prisoners in terms of psychological, spiritual, economical and social needs. l To develop and impart need-based intervention programmes for the prisoners. l To extend the present intervention technique - Equilibrium Thinking - to all types of offenders undergoing incarceration in various prisons of Tamil Nadu. The existing intervention: The existing intervention concentrates more on the safety and custody of the offenders other than rehabilitation or reformation. The existing intervention gives more emphasis for the welfare measures of the offenders. The existing intervention deals with traditional methods of intervention techniques. Equilibrium Thinking “Be at it, beat it” - is a framework for thought and action and forms the basis for Equilibrium Thinking, developed by Dr. Prateep. V. Philip, IPS. Equilibrium Thinking is a simple, skilful method for studying the self- motivation and self-change in a person (subjective experience) - the process people use to build their unique, distinctive characteristics. Equilibrium Thinking is a practical and dependable method for developing
36 July - September, 2012 The Indian Police Journal and expanding one’s own behaviour, so that effective way of living can become a matter of conscious choice. In general terms, Equilibrium Thinking is about how people think, feel, learn, motivate themselves, interact with others, make choices to achieve realistic goals through the processes of auto commands. Equilibrium Thinking is an approach to overcome one’s negative feeling in life. Objective of Equilibrium Thinking is to increase the behavioural choices available within us. The simple binary concept in Equilibrium Thinking is “Be at it, beat it”. This concept gives more emphasis to the choices and possibilities we become aware of and make available to ourselves, through this we will become aware of and be able to fulfil our desires. By identifying the causes that lead to many problems in life, one can follow the simple technique of Equilibrium Thinking to overcome one’s frustrations, tension and anxiety. This paves the way for human beings to understand life in a better and healthy way. This challenges the behaviour of the individual to maintain cordial relationship at home, workplace, friendships and relationships. This cognitive-perceptual patterns results into emotional balance and approved behaviours. By the development of these skills, an individual can usefully organize and reorganize his or her subjective experience, as well as have the opportunity of enabling others to usefully organize and reorganize their subjective experience. Example of the concept: l Be at it to beat it : Be calm, Beat Anger. If a person starts giving this command for himself several times everyday, he starts feeling calm and starts conquering anger and other powerful emotions like guilt, fear, hatred and the like. All the negative aspects in life could be overcome through these positive-negative negative auto commands. l Scope of the Study : A study conducted by BPR&D has indicated though the all India percentage of recidivism is 9.3%, it is considered high in a few States, namely, Assam - 19.8%, Kerala - 21%, Nagaland - 24.2% and Tamil Nadu - 21%. It is also noted that crime rate is considered high in certain cities, namely, Ahmedabad - 15.6%, Bhopal - 37.3%, Chennai - 16.1% and Hyderabad - 16%.
July - September, 2012 37 The Indian Police Journal
Ø The present study will give a multidimensional approach regarding the intervention programmes for prisoners and prison staff. Ø The scope of the study will serve as a deterrence to the public and correction for the prison staff and prisoners. Ø The present study will have an impact on the reformation and rehabilitation measures. Ø The present study could be extended as a longitudinal study. Ø The present study will create an awareness of the various intervention techniques available for the recidivists and which could also be extended for other sections of the society. Ø The present study will create a new paradigm of thinking in the Correctional Officers, Offenders and with the Administrators of the Criminal Justice System. Methodology The present study is conducted with an explorative design of research. The sampling technique followed for the present study is purposive sampling. Nature of Data - Prison Staff and Prisoners l A total of 485 prison staff and 1,004 prisoners from the eleven Central Prisons of Tamil Nadu served as sample for the present investigation. l The data consists of both male and female prison staff and prisoners. The age group of the sample ranged from twenty-one years to sixty years. l The prison staff qualification ranged from S.S.L.C to Postgraduates and Lawyers. The prisoners’ qualification ranged from illiterates to Postgraduates. l The occupation of the prison staff ranged from prison staff, such as Office Assistants, Warders to Superintendent of Prisons. The previous occupation of the prisoners ranged from coolies to white-collar jobs.
38 July - September, 2012 The Indian Police Journal
Results and Analysis of the Data Table representing the percentage of Prison Staff and Prison Officers on various aspects of Anger Management
Sl. Items Prison Prisoners No. Staff 1. Percentage affected by Anger 86% 81% problems of 2. Percentage using some Means to control anger 82% 84% 3. Percentage affected by Diseases due to anger 80% 83% and frustration 4. Percentage using some Ways to overcome 80% 86% anger 5. Percentage affected by Anxiety regarding 80% 87% future 6. Percentage using some Ways to overcome 82% 91% blood pressure problems 7. Percentage who gave Opinion regarding 77% 86% a positive the present training programme 8. Percentage who need Alternate training 75% 89% an programme to overcome anger 9. Percentage who Need for alternate 81% 88% expressed a training to overcome anger 10. Percentage of sample Welcomed the alternate 81% 88% who training programme 11. Percentage who Acceptance of the 79% 80% indicated complete alternate training programme (ET) to overcome anger and frustration l Anger Among the 485 prison staff and 1,004 prisoners, who served as sample for the present study, 86% of the prison staff and 82% of the prisoners accepted that they are angry due to frustration, depression and anxiety.
July - September, 2012 39 The Indian Police Journal l Means to control anger 82% of the prison staff and 84% of the prisoners try positive means, such as Yoga, Meditation, Prayers to control their anger. The remaining 28% of the prison staff and 16% of the prisoners do not try any means to control their anger. l Diseases due to anger and frustration 80% of the prison staff and 83% of the prisoners suffered from blood pressure, whereas the remaining 20% of the prison staff and 13% of the prisoners suffer from other psychosomatic diseases, such as ulcers, sleeplessness, etc. l Ways to overcome anger 80% of the prison staff and 86% of the prisoners practice Yoga to overcome their frustration and anger. l Anxiety regarding future 80% of the prison staff and 87% of the prisoners were very anxious regarding their future. l Ways to overcome blood pressure 82% of the prison staff and 91% of the prisoners tried various means to overcome the blood pressure. l Opinion regarding the present training programme 77% of the prison staff and 86% of the prisoners felt that the present training programmes were not sufficient to overcome their anger and frustration. l Alternate training programme to overcome anger 75% of the prison staff and 89% of the prisoners felt that Yoga and Meditation was not sufficient to overcome anger and frustration. l Need for alternate training to overcome anger 81% of the prison staff and 88% of the prisoners felt that the existing training programmes offered are not sufficient. l Alternate vocational training programme 81% of the prison staff and 86% of the prisoners preferred more income-oriented vocational training programmes.
40 July - September, 2012 The Indian Police Journal l Acceptance of the alternate training programme to overcome anger and frustration
79% of the prison staff and 80% of the prisoners preferred an alternate simple method of training, namely, Equilibrium Thinking to overcome their anger and frustration. Summary and Conclusions Equilibrium Thinking is a technique which channelizes the unconscious, directs the sub-conscious and leads the conscious to equilibrium (both physical and mental).
According to Equilibrium Thinking, the positive thoughts and feelings of individuals are strengthened and the negative thoughts and feelings are diminished, thereby creating an equilibrium in the person’s mindset.
This technique involves passing commands/affirmations to the mind. The nature of the mind is to listen to our commands and act according to them. For example: If you were to wake up at 4 o’clock in the morning, you do not use the alarm clock or request anyone to wake you. It is a mystery that you are awake by fifty five minutes past three. This happens because of the command you have passed on to your mind when you went to bed. The unconscious part of the mind activates the conscious level and, therefore, you are awake on time. The mind responds to the commands you pass to the mind and, therefore, your behaviour is directed to that command.
Positive and Negative Commands
When you command positively, you find the mind acting accordingly. But unfortunately, the negative aspects grow by itself without commands as weeds growing along with paddy even though it is not harvested. If the weeds are not removed on time, they become stronger than the paddy crop. Similarly, the negative feelings and thoughts grow stronger and dominate the individual if not removed (eradicated) in time. This changes the whole personality of the individual.
Equilibrium Thinking is a technique, which passes binary commands to the mind, such as: Be calm, Beat anger. Be calm is a positive command and Beat anger is also a positive command, which means that Beat
July - September, 2012 41 The Indian Police Journal is a negative command and Anger is also a negative command. Two negative commands make a positive command, hence, beat anger becomes a positive command.
Equilibrium Thinking can be practiced for self-motivation and for developing self-esteem as well as to release pent-up frustration and stress. Outcome The “generic” cognitive skills acquired in the training and practice of Equilibrium Thinking will cater to the following specific areas of prisoner and prison staff needs–anger and emotion management: — living without violence; — parenting skills; — leisure education; — community integration; — removing attitudinal barriers; and — lifelong learning. Epilogue Subsequently, a one-day Training of Trainers Workshop in Equilibrium Thinking was held for 40 prison staff drawn from all the above prisons. The focus group study done with this group also confirms the above findings. 10 audio CDs on ET have been sent to the Prison Department in Tamil Nadu. These audio CDs will be played 4 times a week to enable the prisoners and prison staff to learn and practice this method of ATM or Any Time Meditation.
42 July - September, 2012 Plight of Forgotten Man - Victim
Inderpreet Kaur*
Keywords Victim, Offender, Harassment, Rehabilitation, Sufferings, Characteristics, Grievances, Rights of Victims, Victim Compensation Scheme, Appeal, Criminal Justice System, Interrogation, Victim-orientation, Victimization, Reformation, Plethora of Rights, Pecuniary Loss, Compensation. Abstract Victim is totally ignored and when he enters the gateway to criminal justice, he is faced with interrogation, delays, postponements, court appearance, insults at the hands of people, including Police Officer and Lawyers, loss of earnings, waste of time and frustration and painful realization dawns on him that the system does not live up to its ideals and does not serve him - it serves only itself and its minions. If the victim happens to be a woman, her lot is much worse. And, the poor victims of crime are entirely overlooked in misplaced sympathy for the criminal. The guilty man is lodged, fed, clothed, and entertained in a model cell at the expense of the State. Although the victim, instead of being looked after, is contributing towards the care of prisoners during their stay in prison. In fact, it is a shortcoming of our criminal jurisprudence that the victims of crime do not attract due attention. Prelude “Of all the persons involved in the Criminal Justice System, the VICTIM HE Administration of Criminal is the one, who has most often been overlooked.” Justice all over the world seems – Alfred Cohn & Roy Udolf Tto be guided by cherished principle, viz., the protection of rights of the accused, and it is to be secured at all costs by a Criminal Court determining liabilities on him. Author Intro. : * Junior Research Fellow (JRF), Department of Law, Punjabi University, Patiala (Punjab).
July - September, 2012 43 The Indian Police Journal
Indeed, in a criminal trial, there are at least two active participants, viz., the offender for whose sake the entire machinery of justice always remains vigilant; and the victim of crime-the forgotten man of the Criminal Justice System, especially in contemporary era.1 In the absence of full-fledged victimological science, alike Criminology, the criminal administration at present has nothing to do with more justice than they actually deserve.2 In ancient civilizations, the victim of an offence was the central figure in any crime committed. In our own pre-moden polity, the injured or the victim had a vital say in matters connected with restitution or retribution.3 In those days reparation to the victims of crime or wrong occupied a major place in most of the legal systems. But slowly, at a later stage during the 12th and 13th centuries, a distinction was made between different kinds of wrongs on the basis of gravity and its impact on the individual and society at large. For instance, where the magnitude of the injury was supposed to be more concentrated on the individual, the wrongdoer was asked to compensate the injured. This type of wrong is termed as civil wrong or tort, as in case of deceit, libel, nuisance, negligence, etc. On the other hand, where the gravity of the injury was comparatively more directed to the public at large (for instance, murder, kidnapping, robbery, dacoity, rape, etc.), the State took upon itself the responsibility to punish the accused. Such wrongs are termed as public wrongs or crimes, In such cases, the accused is punished after the accusation against him has been investigated in a legal proceeding of a special kind in accordance with the provisions of law by a court of competent jurisdiction.4 Gradually, the reparation aspect became subordinate, and punitive role of the State became a dominant factor in the Administration of Criminal Justice. The victim was finally neglected and left to his own fate and has been reduced to the level of a piece of evidence, who had to cooperate with the prosecuting agency, knowing fully well that he has nothing to gain except suffering and harassment. It was believed that the claim of the victim was sufficiently satisfied by the conviction and sentencing of the offender. This assumption is neither 1 Hari Shankar Rai, ”Compensatory Jurisprudence and Victims of Crime”, Cri.L.J., 2004 at 333. 2 Ibid. 3 V.N. Rajan, “Victimology in India”, Allied Publishers Press Limited, New Delhi 1981 at 2. 4 K.I. Vibhute, “Criminal Justice: A Human Rights Perspective of the Criminal Justice Process in India”, Eastern Book Company, Lucknow, First Edition (2004) at 351.
44 July - September, 2012 The Indian Police Journal fair nor just. Justice demands that when society and State are resorting to every possible measure of correction and rehabilitation of criminals, equal concern must be shown for the victims by at least providing compensation to them for the loss, agony, physical and mental torture, they suffer.5 Thus, as the one civilization gave way to another and the Government taking on the responsibility for meting out justice, the offender has become the prima donna and the victim is completely forgotten. Penologists, Jurists, Psychologists, Sociologists, Socio-Psychologists, Psychiatrists, Criminologists, social workers, and the Government vie with each other in finding explanations, reasons, excuses, why a crime is committed. So, they give stress only and only on the crime and criminal.6 Concept of Victim The concept of the victim is an ancient one that is found in many cultures and that is inextricably intertwined with religious sacrifice. Early religious rituals from all parts of the world embody the idea - and often the practice - of divine, human or animal sacrifice. Epics and mythology offer numerous examples of symbolic sacrifices of victims. Before societies created law or rules, law and order originated from the individual. The victimized person himself chooses the offender’s punishment and, if possible, inflicted it. Revenge was the driving force of such individualist justice, and deterrence was its chief aim. The need for security as well as the desire to prevent future attacks often meant that pre-emptive raids were conducted. Thus, in early societies, the relationship of criminal and victim basically reflected a raw struggle for power and survival, and the right of the individual victim to take vengeance was of paramount importance.7 Victim: Meaning and Definition The term ‘Victim’ means a person who has been victimized by another person against whom legal action may be taken for compensation and allied relief. Victim in relation to Criminal Justice Administration means victims of rape, victims of murder, victims of cheating, victims of criminal breach of trust, etc., i.e. victims of crime only.8 5 Ibid. 6 Supra Note 3. 7 Sanford H. Kadish, “Encyclopedia of Crime and Justice”, Vol. 4 at 1611. 8 Dr. Durga Pada Das, “Secondary Victimization”, Cri.L.J., July 2008 at 205.
July - September, 2012 45 The Indian Police Journal
Section 2(wa)9 “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir. The Penal Codes of the erstwhile USSR describe the victim as follows10 : l Those who have as a direct result of a crime suffered moral, physical or material damage; l Those who have suffered physical, moral, or material damage and attempted offence; l Those whose material damage caused by the crime was made good after the crime, either by the criminal himself or with the help of Militia or of an individual action; l Close relation of person, who died as a result of a crime. Characteristics of Victims Von Henting made the first ever study of the role of victim in crime and found some general characteristics among them, which may be summarized as follows11: l The poor and ignorant immigrants and those who are requisitive or greedy are the victims of offences involving frauds. l Quite often, the victims of larcency (theft) are intoxicated or sleeping persons. The depressed or apathetic person is a victim, because he is “deprived of warning posts” and is indifferent harm or injury “in prospect”. l Wanton or sensual persons may become victims due to situations precipitated by themselves. l A lonesome and heartbroken person may become especially vulnerable because of the loss of critical faculties in him. Among “general classes of victims”, Von Hentig includes the young, females, the old, the mentally defective and deranged, the intoxicated immigrants, members of minority groups and the dull, normal. 9 Inserted by The Code of Criminal Procedure (Amendment) Act, 2008. Received the assent of the President on 7th January, 2009. Act published in the Gazette of India, dated 9-1- 2009, Part II - Schedule-I, Extraordinary, p. I (No. 6). 10 G.S. Bajpai, “Victim in Criminal Justice Process”, Uppal Publishing House, New Delhi, 1997 at 13. 11 The Criminal & the Victims 1948 at 384-388.
46 July - September, 2012 The Indian Police Journal
Grievances and Problems of Victims The grievances of the victims can be summarized as follows12: l Inadequacy of the law in allowing the victim to participate in the prosecution in a criminal case instituted on a Police Report. l Failure on the part of the police and prosecution to keep the victims informed about progress of the case. l Inconvenience during interrogation by the police and lengthy court proceeding. l Lack of prompt medical assistance to the victims of body offences and victims of accident. l Lack of legal assistance to the victim. l Lack of protection when the victims are threatened by the offender. l Failure in restitution of victim. Along with these grievances, the victims of crimes faced multifarious problems13 : (i) Economic strain of the family. (ii) Change in social role of dependents. (iii) Frustration and helplessness leading to suicide. (iv) Social stigma. (v) Emergence of criminal behaviour. Rights of Victims l Right to engage an Advocate Section 24 of Cr.P.C., has been amended by adding sub-section 814 enabling the court to permit the victim to engage an Advocate of his choice to assist the prosecution.
12 Supra Note I at 334. 13 Ibid. 14 Section 24 (8) - “Provided that the Court may permit the victim to engage An Advocate of his choice to assist the prosecution under this sub-section.”
July - September, 2012 47 The Indian Police Journal l Compensation The new Section 357A15 mandates that the State Government in coordination with the Central Government shall prepare the schemes for providing funds for compensation to victims. On recommendation of the court for compensation, the District/ State Legal Services Authorities are to decide on the quantum of compensation to be awarded. This recommendation may be made if the compensation under Section 357 is not adequate or if the victim needs to be rehabilitated. Even in cases where no trial occurs and where the accused is unidentified or untraced (undetected cases), on an application by the victim or his dependents to the State/District Legal Services Authorities, compensation may be awarded. This process, from recommendation to award after due inquiry, should be completed within 2 months. The State/District Legal Services Authorities also has the power to order immediate free first aid/other medical facilities, or any other interim relief as deemed fit in order to alleviate the suffering of the victim on the certificate of the Police Officer, not below the rank ofthe Officer-in-Charge of a Police Station or the Magistrate of the area concerned. 15 Section 357 Order to pay compensation (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgement, order the whole or any part of the fine recovered to be applied - (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons, who are under Fatal Accident Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence, which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of stolen property knowing or having reason to believe the same to be stolen, in compensating any bonafide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case, which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or if an appeal be presented before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgement, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.
48 July - September, 2012 The Indian Police Journal l Right of Appeal Section 372 of the Cr.P.C. has been amended.16 The victim shall have the right to prefer an appeal against any order passed by a court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation. Position of Victim under Criminal Justice System Victim is totally ignored and when he enters the gateway to criminal justice, he is faced with interrogation, delays, postponements, court appearance, insults at the hands of people, including Police Officer and Lawyers, loss of earnings, waste of time and frustration and painful realization dawns on him that the system does not live up to its ideals and does not serve him - it serves only itself and its minions. If the victim happens to be a woman, her lot is much worse.17 And, the assumption that by punishing the offender the victim receives ‘justice’ is of dubious value today because of the decreasing number of successful investigations and the still smaller number of convictions in the Criminal Justice System. If the victim gets back his lost property, he is lucky; if he is not harassed and humiliated in the investigation and trial procedures, he should thank his stars. Given the sickening delay, corruption and technicalities involved in evidences, many victims tend to keep away from reporting crimes and sometimes take recourse to private vengeance. Either way, the Criminal Justice System suffers in not being able to prevent crimes or to punish the guilty when crimes occur in society. The long-term implications of the situation are indeed alarming for public security, human rights and Governmental accountability.18 Among the many reforms proposed for improving the Criminal Justice System is one that advocates a victim-orientation to Criminal Justice Administration. ‘Victim-orientation’ includes greater respect and consideration towards victims and their rights in the investigative and prosecution processes, provision for greater choices to victims in trial and disposition of the accused, and a scheme of reparation/ compensation, particularly for victims of violent crimes.19 Although, the purpose of criminal justice is to protect the rights of individuals and 16 Section 372 proviso inserted - ”Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.” 17 Supra Note 3. 18 Supra Note 4 at 362. 19 Id at 362-363.
July - September, 2012 49 The Indian Police Journal the State against the international invasion of criminals who violate the basic norms of society. In a modern Welfare State, this protection is sought to be achieved and ensured by punishing the accused in accordance with the provisions of law. To ensure that innocent persons may not be victimized, the accused has been granted certain basic rights and privileges to defend himself before he is condemned. In case the accused is found guilty, he is punished and kept in prison with an object of reforming him. Courts have from time to time directed the State authorities to provide all necessary facilities and ensure that human rights of criminals are not violated.20 However, Criminal Law, which reflects the social ambitions and norms of society and punishes perpetrators thereof, hardly takes any notice of the by-product of crime, its victim. The poor victims of crime are entirely overlooked in misplaced sympathy for the criminal. The guilty man is lodged, fed, clothed, and entertained in a model cell at the expense of the State.21 And the victim, instead of being looked after, is contributing towards the care of prisoners during their stay in prison. In fact, it is a shortcoming of our criminal jurisprudence that the victims of crime do not attract due attention. Perhaps, the Criminal Judicial System is arbitrary and operates to the disadvantage of the victim. Krishna Iyer, J., in Rattan Singh v. State of Punjab22, aptly highlighting the apathy of law to a victim of crime, observe: “It is a weakness of our jurisprudence that victims of crime and the distress of the dependents of the victim do not attract the attention of law. In fact, the victim reparation is still the vanishing point of our Criminal Law. This is the deficiency in the system, which must be rectified by the legislature.” Conclusion and Suggestions It becomes apparent from foregoing discussion that the victim of crime is a “forgotten man” in Criminal Justice System. Today, the Criminal
20 D.K. Basu v. State of West Bengal (1997) 1 SCC 416: This decision is also followed in Dalbir Singh v. State of U.P., SC 2009 (2) AICLR 143; Court on its Own Motion v. State of Punjab, 2008 (2) RCR (Cr) 790. 21 Some of the rights of an accused that have been recognized and guaranteed by the Constitution are: right to equality and equal protection of law; right against ex post facto operation of law; protection against double-jeopardy; protection against self-incrimination; right to have freedom from unwanted arrest and matters incidental thereto; right to legal defence; right to have a public hearing and speedy trial; right relating to pre-trial detention and matters incidental thereto, and right to approach higher judicial authority by way of appeal, etc. 22 (1979) 4 SCC 719.
50 July - September, 2012 The Indian Police Journal
Justice System is basically concerned with criminals whether it is their conviction, treatment, reformation or rehabilitation. During the course of criminal trial, the accused is presumed to be innocent and burden of proving his guilt beyond doubt lies on the prosecution. The presumption of innocence gives rise to various constitutional and legal rights to an offender. The plethora of rights of an accused had included the right against arrest, right to know the grounds of arrest, right to be represented by the counsel, right to legal aid, right to bail, right to public trial, right to test the evidence by cross-examining, right to be heard on the quantum of sentence and so on. So ,it is quite evident that the rights of the accused are well safeguarded in our legal system, but there is very little reference to the rights of the victims of crime. After setting the Criminal Justice System into motion, the victim is reduced to the status of being merely an informer ignoring that he is the major stakeholder in the whole process. Even the meagre rights the law provides to the victim are just an illusion. There are various problems faced by the offender and throughout the trial of the case. An indifference to the rights of the victims of crime is fast eroding the faith of society in the Criminal Justice System. There is an urgent need for recognizing and defining the rights and remedies for a victim of crime. It is necessary to give a pivotal status to the victims of crimes as otherwise the victim may develop a tendency to take law into hands. Thus, the most neglected subject in the whole Criminal Justice System is the victim. The need of the hour is to focus attention on restitution or compensation to victim or their dependants for bodily injury, death or pecuniary loss resulting from the crime. The supporters of victim compensation attest that if the State fails to protect its citizens, it is obliged to indemnify those who are victimized. It is, therefore, the Indian Higher Courts have started to award the compensation to victims of crime through their writ jurisdiction in appropriate cases.23
23 See Rudal Shah v. State of Bihar, AIR 1983; Bhim Singh v. State of Jammu & Kashmir, AIR 1986 SC 494; Nilabati Bahera v. State of Orissa, 1993 (2) SCC 716.
Bibliography Books: 1. V.N. Rajan, “Victimology in India”, Allied Publishers Press Limited, New Delhi (1981).
July - September, 2012 51 The Indian Police Journal
2. K. I Vibhute, “Criminal Justice: A Human Rights Perspective of the Criminal Justice Process in India”, Eastern Book Company, Lucknow, First Edition (2004). 3. G.S. Bajpai, “Victim in Criminal Justice Process”, Uppal Publishing House, New Delhi (1997). 4. R.V. Kelkar, “Code of Criminal Procedure”, Eastern Book Company, Lucknow (2009). 5. Bharat B. Das, “Victims in the Criminal Justice System”, APH Publishing Corporation, New Delhi (1997). Articles: 1. Hari Shankar Rai, ”Compensatory Jurisprudence and Victims of Crime”, Cri.L.J. (2004). 2. Dr. Durga Pada Das, “Secondary Victimization”, Cri.L.J., July (2008). Acts: 1. The Code of Criminal Procedure (Amendment) Act, 2008.
52 July - September, 2012 Dowry and Women Convicts
Dr. Roop Kamal Kaur*
Keywords Dowry, Women Convicts, Abuse, Legal Judgement, Female Criminals, Patriarchy, Masked, Perennial Conflicts, Natal Family, Wedding Gifts. Abstract The practice of dowry abuse is rising in India. The most severe is “bride burning”, the burning of women whose dowries were not considered sufficient by their husbands or in-laws. The present study is an attempt to understand the dowry deaths in Punjabi society. Punjab has experienced tremendous development, especially after Green Revolution. It has attained an important place in the economic map of India. But, the condition of Punjabi women is still dreadful. How dowry and women convicts are related to each other? How mother-in-law and sister-in-law are involved in dowry death cases? What webs of social relations are formed under such circumstances? The present study revolves around three cases of dowry deaths in which daughters-in-Iaw face the tyranny of mothers-in-Iaw after marriage. Introduction RIME is increasing rapidly in today’s society. Now, there is hardly any society, which is not beset with the problem of Ccrime. It is a grave social problem faced by every society. Crime may be considered as an omission of an act, which the Law of the Land expects the individual to do or commission of an act, which it forbids to do (William, 2004). Social and economic inequality is largely responsible for variety of crimes that people commit to match others and sometimes to meet their basic needs. Crime may be defined
Author Intro. : * Assistant Professor, Punjab University
July - September, 2012 53 The Indian Police Journal as ‘any form of conduct which is declared to be socially harmful in a State and as such, forbidden by law under pain of some punishment’ (Bhattacharyya, 1992). According to Donald Taft, “Crime is a social injury and an expression of subjective opinion varying in time and place.” In the words of Halsbury, “Crime as unlawful act, which is an offence against the public and perpetrator of that act is liable to legal punishment.” The problem of rising female criminality has become an important concern of modern society. Social change and modernization have driven women out of homes and has created new trends of attitude and behavioural variations amongst them. Now, the role of women has not only been as a mother or wife, but as a manager also. Women of today are educated, independent and they do not want to feel that they are lagging behind men in any field. Further, growing urbanization has contributed a lot to it. An elevenfold rise has been seen in the women’s crime over the last three decades that sounds alarming situation in our society. The National Crime Records Bureau reports a surge in dowry-related deaths - from 400 a year in the mid-1980s to 6,000 a year in the mid- 1990s. But, Government records grossly underestimate dowry-related deaths (other forms of physical and psychological) and violence. Several activists and women groups claim that over 25,000 women are killed for dowry every year. The Indian National Crime Records Bureau (NCRB) reports that there were about 8,172 dowry death cases registered in India in 2008 have increased by 14.4% over 1998 level 7,146. In 1970, there were only 61 female convicts in Punjab. In 1980, this figure rose to 166 respectively. In the following years of 2000-2001 and 2002-2003, this figure changes to 668 and 768 respectively. In the year of 2004-2005 and 2005-2006, this figure increased to 859 and 892 respectively (Statistical Abstract of Punjab - 2002). The present study is an attempt to understand the nature of crime committed by women in Punjabi society. Why women indulge in criminal activities? What webs of social relations are formed under such circumstances?
54 July - September, 2012 The Indian Police Journal
Review of Literature Bachman (1942) found that in Vedic Period marriage between different castes was common, but by this time, inter-caste marriage began to look down upon. Therefore, the preservation of caste purity forced parents to choose bridegrooms from their own caste alone. Marriage outside one’s caste became a taboo. Breaches of caste endogamy were punished by ex-communication from the caste. Thus, choice of eligible mate got considerably narrowed down and parents in their anxiety to catch and reserve the best, married their daughters as soon as a good groom was available. All this increased the bargaining power of marriageable boys, which in turn, led to the practice of heavy dahej or dowry, which has percolated down to modem times. Karve (1953) said that the idea of a woman receiving a wedding gift from her natal family was a long-established practice and was part of the ideology and lifestyle of the higher castes and classes in India. The main considerations for marriage were caste status, social and economic position of the family and other non-commercial points. Madan (1965) told that at the time of marriage, gifts given to the bride grew into her stri-dhan, which is her very own to use as she pleases. These gifts are not expected to be returned to the groom’s kin in the form of jewellery, cash, fruit, clothes, utensils, etc. which will accompany the bride as part of her dowry, which usually goes straight into the hands of her parents-in-law. Shamasastry (1967) told that the custom of kanyadan, where the girl is gifted to the groom, was followed by the ritual of vara-dakshina - which was a nominal amount decided unilaterally by the girl’s father according to his financial position. However, when the groom or the groom’s kin began to demand vara-dakshina by right, it had to be called by some other name, hence dowry. Blunt (1969) suggests that dowry was partly a result of hypergamy. The custom of hypergamy described as the exogamous groups were classified according to their social position and a group of higher rank would take brides, but it would not give brides to a group of lower rank. To this effect, the bride’s family offered the groom the incentive of a large dowry. Smock (1977) said that in the Muslim tradition, the family of the groom should incur most of the expenses related to the marriage and should give a dower or bride price, payable on demand to the bride. However, in Bangladesh, many Bengali communities began to adopt the Hindu practice, whereby the bride’s
July - September, 2012 55 The Indian Police Journal family presents the groom with a dowry and assumes most of the costs of the wedding ritual (Teja, 1993). Numerous theories have been conducted on female criminals like psychological, social, biological and economic. We do not support biological theory and psychological theory; our main concern are the social and economic theories related to dowry. Otto Pollock’s (1950) major concern is the “masked” character of female criminality. This masked character is achieved in three ways: first, female criminality is concealed by under-reporting of offences committed by women; second, by the lower detection rates of female offenders compared to male offenders; and third, by the greater leniency shown to women by the police and courts (Smart, 1976). Mabel A. Elliott (1952), Harwitz (1952) and Harry M. Shulman (1959) found that criminal and delinquent women are those who have made an unhappy or unsavoury marriage or post-marital career. Uncongenial ties (sic), tensions, marital triangles and sexual breaches, frictions over income and expenditure, projection of frustrated ambitions, losses of authority, etc. are numerous issues involved therein. The widowed and especially the divorced and separated persons have, for obvious reasons, throughout had higher crime rates than others (Mathew, 1992). Robert. C. Caldwell (1956) observed six major types of homes that contribute to crime and delinquency: (a) the broken home; (b) the functionally inadequate home; (c) the home with a physically or psychological abnormal person; (d) the criminal home, and (e) an economically insecure home (Mathew, 1992). Hansa Sheth (1961) argues that criminality of the parents affects the children. Environment at home leads a child towards crime. A tradition of vice and lawlessness grows up and attitudes developed in such homes are not conducive to the formation of habits of mind and behaviour, which ordinarily requires for being a decent citizen (Mathew, 1992). According to Harry Elmer Barnes (1966), Negley K. Teeters (1966), Nettler (1974) and Golodmink (1980) argued that economic causes are the most potent factors for the commission of petty traditional crimes, especially larceny and the participation of women in these are more severe. Financial circumstances, low income and poverty are problems of offenders (Mathew, 1992). In the early 1970s, the popular and applied literature began presenting the image of a new kind of female criminal who was more violent and masculine. The argument found its first expression
56 July - September, 2012 The Indian Police Journal in Freda Adler’s book Sisters in Crime (1975). She held that female criminal behaviour has become more masculine in recent years with women’s movement playing an important role in this change. She said that along with masculinization of female crime, there has been an increase in the frequency and variety of female crime greatly similar to men. She said that the progress in the male-dominated world is largely to blame for the higher female crime rate than during the days when women were weak. Now, girls are involved in more drinking, stealing, gang activity and fighting behaviour in keeping with their adoption of male roles (Devasia, 1989). Drawing upon the unified system variant of socialist feminist theory, this study evaluates the relationship between the “unnatural/evil”, “violent” female offender identity and the ideological and material control of ”violent” female offenders with Correctional Services of Canada, a capitalist patriarchal institution. Two types of female perpetrated homicides have been identified and have received considerable attention from Researchers. The first, infanticide, involves events in which women killed their own children. The second type involves women who killed an abusive partner as an act of self-defence (battered women’s syndrome). However, research, which examines female, perpetrated homicide regardless of type, indicates that this taxonomy is incomplete. Mann found that one-third of the victims of female homicide arrestees were friends, acquaintances or strangers to the offender. Canestrini reported that among women convicted of murder, only 37% had link with their victim. The Federal Bureau of Investigation’s Supplemental Homicide Report shows that over the past two decades, 41% of the victims of female offenders were neither the children nor the intimate partners of the women, but rather were other family members, strangers and acquaintances (Dissertation Abstract International Vol. 63, October 2002:1568). Ruth Morris (1964) accurately contends the goals of women and girls are relational goals rather than the financial goals sought by men. Emancipation has increased somewhat and certain women are now aiming to achieve financial success. These changes are not momentous, but they can result in disruption (Leonard, 1982). Methodology The area of this particular research work will be confined to Punjab. Women convicted under various sections of the law, totalling 668,
July - September, 2012 57 The Indian Police Journal are presently lodged in jails in cities of Punjab. They have committed different types of crimes like theft, murder, taking dowry, smuggling prostitution, etc. They belong to different religions. Majority of them are literate. The main jail located in Ludhiana has 300 women criminals. The Patiala Jail has 79 women criminals, including 24 convicted and 55 undertrials. They have committed different types of crimes. For example, in dowry relating crime, there are 32 women in all out of which 22 are under trial and 10 are convicted. 28 women are involved in murder of which 22 are under trial and 6 convicted. In smuggling, total number of cases are 10, of these, 5 are under trial and 5 convicted. In cases of relating to theft, there are total 9 women of whom 6 are under trial and 3 convicted. It is proposed to confine this study to the women convicts at Patiala Jail only. It is suggested to take all the 24 convicts. As a matter of fact, my study would involve an analysis of 24 criminal cases, where each convicted women is taken as a respondent to initiate the investigation that has played a key role in each case. A detailed socio-economic profile will be prepared with the help of an interview schedule. The data will also be collected through the case study method. Each respondent would be subjected to extensive and intensive interviewing. Since each case is special in its own way, it would largely be an unstructured interview though some structured items would be used to initiate the process. The recording of the interviews would be done through a handy cassette recorder to ensure the version of the respondent and exclude slips and biases of the researcher. After obtaining the details from the respondent, all the other persons involved directly or indirectly in the case would also be interviewed. This would include tracking down their family members, kin, neighbours, friends and accomplices and their opponents too. This would be required to cross-check the information and ensure reliability of the data. For this purpose, the researcher would be required to undertake numerous visits to the places of the residence of each respondent, to verify the facts and obtain details in each case. Besides recording, extensive field notes would also be taken to enhance the richness of the data. Status of Women in Punjabi Society The Punjab, the cradle of one of the most ancient civilization of the world, has played a vital role in shaping the history of India. The rich
58 July - September, 2012 The Indian Police Journal and fertile land of the Punjab was the meeting ground of different peoples and races. Punjab was mainly an agricultural State, with 91% of its population living in rural areas (Sekhon, 2000). Regarding the status of women in India, the empirical studies are only recent in origin, but since many of the contemporary attitudes towards the status of women are rooted in the past, a brief historical review of the changing status of women becomes necessary (Gupta, 1999). In earily period, the birth of a girl was generally an unwelcome event. Almost everywhere, the son was valued more than the daughter. In the past, the Sikh Gurus laid down the foundations of a healthy, egalitarian and progressive social order. Guru Nanak Dev Ji, the Founder of the Sikh faith, raised his voice for justice to women and provided the scriptural basis for equality. The Guru insisted that woman must be treated with deference as she is the source of man’s physical existence and his entire social life. We find that Guru Nanak protests against any consideration of woman as inferior. He says: “From the woman is our birth; in the woman’s womb are we shaped. To the woman are we engaged; to the woman are we wedded. The woman is our friend and from woman is the family. If one woman dies we seek another; through the women are the bonds of the world, why call woman evil who gives birth to kings. From the woman is the woman, without the woman there is none” (Kaur, 1990). Punjab, which has experienced tremendous development, especially after Green Revolution, has attained an important place in the economic map of India. It is expected that economic prosperity would have a significant reflection on its socio-cultural texture and change of attitudes. But, condition is not so satisfactory regarding the position of women. While the infrastructural development has lagged behind economic prosperity, change of attitude is still slower as can be seen from the various indicators (Avtar Singh, 1999). According to a report, which appeared in ‘The Tribune’, dated 8th March, 1998, “The poor status of women in South Asia is not entirely dependent on economic factors and Punjab is in fact, a prime example of discrimination at work. The malnutrition among girls in some rural areas of Punjab is reported to be seven time higher than the boys” (OXFAM Programme Administrator, 1998).
July - September, 2012 59 The Indian Police Journal
Cases of Dowry Deaths The present paper discusses the abuse of women due to dowry. The term “dowry” as a quantifiable offering in a marriage does not have its roots pertaining solely to the Indian culture. It has been noted to be part of the customs practiced in early 12th century Europe and was often reflected in European fairy tales and literature making such references to a woman’s “dowry” as offerings of a “straw mattress”, a “wooden stool” or “farm animals”. The exchange and amount of “money” for a dowry depended on the relative status of being a rich or poor woman. Monetary exchanges also had the function of preserving the aristocracy as a class and having marriages arranged as a means of cultural and economic determination. It is ironic that in India, dowry was originally designed to safeguard the woman and it was the provision of “stri-dhan” (“stri” meaning woman and “dhan” wealth) in the form of money, property or gifts given solely to the woman by her parents at the time of her marriage. “Stri- dhan”, an inheritance was meant to exclusively belong to the woman at the time of her marriage. The abuse of this custom eroded and aborted the original meaningful function of dowry as a safety net for the woman and was corrupted to become the price tag for the groom and consequently, the noose for the bride. The price of the Indian groom astronomically increased and was based on his qualifications, profession and income. Doctors, Chartered Accountants and Engineers even prior to graduation develop the divine right to expect a “fat” dowry as they become the most sought-after cream of the graduating and educated dowry league. A recent Field Survey by the Institute of Development and Communication revealed that in 1995 in Punjab, though 59 cases were reported, but a staggering 17,649 cases of dowry harassment were not reported (http://www.lworldcommunication. orgldowrydeaths.htm). The officially reported incidents of dowry deaths in India have increased from 4,215 in 1989 to 7,026 in 2004, registering an increase of more than 67% in 15 years. Similarly, the cases of cruelty to married women by their husband or the relatives of the husband have gone up from 11,603 in 1989 to 58,121 in 2004, showing an increase of 400.91% in 15 years. This research work is to look beyond the legal judgement on such cases in the sense that the legal process and the system are structured in such a way that they are constrained to look into the truth of the
60 July - September, 2012 The Indian Police Journal case. It is so for the simple reason that starting from the first stage of reporting to the police, fabrication of the case begins. Whatever be the facts, the police would like to report and register such facts about the case in such a manner that the “case gets strengthened legally”. The court’s judgement against the case is a reflection on the “poor reporting”, hence, a blemish on the confidential report of the concerned officer. Once the case reaches the court, the lawyers have their own interpretation of the case and they tell their clients and witnesses of the case to make such statements that are legally tenable and do not contradict each other. As a matter of fact, “the clients are parroted to say things” whatever be the facts of the case. The lawyers of the plaintiffs and the defendants try their best not only to prove their points and win the case, but to prove the other wrong and false. The Judges have to operate within such constraints to look into the truth of the matter. The Researcher thus has the facility of not only examining the legal file, but also to go beyond that and ascertain facts on the ground. We have not only interviewed the convicts, but also their accomplices, kin, friends and neighbours, etc., who were directly or indirectly connected to a particular case. In this way, a socio-anthropological inquiry into such criminal cases not only examines the social aspect of the crime, but also goes beyond the legal framework to ascertain the facts of the matter. Case No. I In the first case, Hina (deceased) hailed from the poor family belonging to Pattran, a small town. She belonged to Gupta Hindu family. She was 20-year-old. She was beautiful. She studied up to Middle standard. Her parental village was at Pattran, where marriage ceremony was performed. Her mother was a widow and had a brother doing work on a daily wages in a small factory. Hina (deceased) was married to Raj Kumar (Aggarwal) in 1994. This marriage was arranged by her fufa. Raj Kumar was the first accused in this case. He was about 24-year-old and was a Matriculate. He was running a small dairy shop in Samana. He was the resident of village Banwala Tehsil Samana. Banwala is a well-populated village having bricked streets which join the main road. The village has a Government School. He had two sisters and two brothers. One of his sister and brother were elder than Raj Kumar and were married. The younger one was studying in a college at Samana.
July - September, 2012 61 The Indian Police Journal
The demand of dowry was not raised before and at the time of marriage. However, very soon, she was being maltreated and harassed. Her mother-in-law often taunted her for not bringing dowry. On the occasion of Nimani Ekadshi, a demand of fridge was made from the girl’s family, which could not be fulfilled. This worsened the situation.On this pretext, her mother-in-law began to abuse her parents. When Hina (deceased) could not tolerate all this, she preferred death than her married life. She committed suicide by sprinkling kerosene oil on her body. Hina (deceased) died just within one year of her marriage. Hence, both the accused were sentenced under Section 304-b of IPC for seven years. (S. Case No. 16-T/99/13-2-1996).
Case No. II The second case study relates to a young woman, aged 20 years who was killed and burnt by her in-laws. Anju Rani, the deceased, belonged to upper-middle class family. She was Matriculate. She was married to Jolly Singla, one of the accused hailing from upper-middle class Baniya family. They were residing at an urban place named Pattran. The marriage was arranged by one of the relatives of bride. The marriage was celebrated in good spirit and expenditure to the tune of more than Rs. 3,50,000 was incurred on it. Soon after the marriage, she was taunted by her mother-in-law, brother-in-Iaws, sister-in-Iaws and her husband for bringing lesser dowry. A demand of gifts was raised on various festivals like Diwali, Karwa Chauth, etc. All these demands were fulfilled. But, this could not satisfy the greed ofher in-laws. Her sister-in-law had been always teasing her for not bringing a scooter and coloured television from her parents. She got a daughter from their wedlock after two years. Now, she was being cursed for giving birth to a female child. Anju Rani (deceased) disclosed this fact to her family that her husband, mother-in-law, brother-in law, sister-in-law were harassing her and beating her. Anju (deceased) was meted out torture and humiliation. She conveyed the demands of her in-laws to her parents. Her parents promised to fulfil all the demands of her in-laws soon. But, the cruel, greedy in-laws could not wait and one day, they killed Hina and burnt her in the bathroom by sprinkling kerosene on her. All the accused (husband, mother-in-law, sister-in-law, brother-in-law) were sentenced Rigorous Imprisonment for seven years under Section 304-b IPC. (S. Case No. 16th of 11-8-2000).
62 July - September, 2012 The Indian Police Journal
Case No. III In the third case, the poor Daljit Kaur (deceased) was brutally murdered and burnt by her in-laws after eight years of her marriage. She was 22 year-old. She was beautiful. She studied upto Middle standard. Her parental village was Dadumajra, where the marriage ceremony was performed. Dadumajra village lies at a distance of one hour from Rurki. She was hailing from rich Jatt Sikh family. She was married to a schoolmaster belonging to the middle class family. The family belongs to village Rurki Tehsil Sirhind, District Fathegarh Sahib. A good dowry like cash, furniture and fixtures were given to her on the occasion of her marriage. Her parents, to pacify and appease her in-laws, often used to give gifts to her on various occasions. They got a son from their wedlock. All went well for few years, however Daljit’s husband developed illicit relations with a teacher, working in the same school. She was unmarried. She was the only daughter hailing from a family having own land. There developed a sense of greediness in Daljit’s husband. He brought all this to the notice of his family. The groom family also became greedy. They made a conspiracy that if they would kill Daljit, they might keep the dowry already collected and the remarriage with the teacher might bring more money. Finally, on one day, they killed Daljit brutally and set her on fire in the kitchen. In this case, the mother- in-law and husband of the deceased have been charged under Section 302/201/34 IPC. They had sentenced to Life Imprisonment. (S. Case No. 34-T/6-11-2000). Analysis of the Cases These three cases of “dowry deaths” reveal certain important patterns in the social relations within the Punjabi family. Marriage no doubt is a sacred bond between two persons or souls in the Indian tradition. But, under the influence of market economy, the sacrosanct relation has become more of a contractual or business-like relation. In this very Punjabi society, the greed for more dowry has consistently risen since the onset of Green RevoIution that brought sudden prosperity to the peasantry-dominated rural society. With the economy becoming more liberal, this curse of dowry has become more fatal. In the State of Punjab, 99 such deaths were reported in 1991. In 1992, the number rose to 101 and in 1993, there was phenomenal
July - September, 2012 63 The Indian Police Journal increase in such cases and the number of dowry deaths went up to 147. However, the incidence of dowry deaths decreased to 117 in 1994. Similarly, 130,180,185, 219 and 193 cases of dowry deaths were reported in 1995, 1996, 1997, 1998 and 1999 respectively. According to figures reported in Punjab Newsline, the cases of dowry deaths were 165 in 2002, 104 in 2003, 103 in 2004 and 96 in the year 2005 (www.google.com). As compared to dowry death, very few cases of cruelty by husband or his relatives were reported in 1991. The number of such cases was only 27, 33, 41 and 87 in 1992, 1993 and 1994 respectively. The number, however, rose to 133 in 1995, 225 in 1996, 235 in 1997 and 397 in 1998. The menace of dowry is very widespread and not confined to a particular region or religion, caste or class. But, if one is to rely on general perception of people, one may say that the Malwa region in Punjab is more prone to this menace than Majha or Doaba. The area of our study falls in the Malwa region and the cases pertain to the Districts of Patiala, Sangrur, Ropar and Fatehgarh Sahib. The three cases have their particularities too, but also certain similarities, which transcend distinctions of caste and class and gender relations. Sociologically speaking, some points come out from these cases: l Patriarchy It is interesting to note in all the criminal episodes of “dowry deaths” studied, the fathers-in-law remained out of the picture. In all the three cases, the patriarch has remained not only absent, but actually intervened to stop the female members of the family from committing such a dastardly act. In one case of dowry death, the father-in-law did not allow them to do so, that is why this heinous crime was committed on a day when he and his younger son, who also had “asked his brother not to commit such a crime”, were not in the house. In another case of dowry death when the police came to pick up the whole family, the village people asked the police “to leave him (the father-in-law) as he had no such role to play in the case. As a matter of fact, his inclusion would have actually weakened the case.” The principal actors in “dowry deaths” are the mother-in-law and sister(s)-in-Iaw, who usually start the project from petty household issues on one pretext or another and trying to show her down in the eyes of her husband. They often cajole her husband of
64 July - September, 2012 The Indian Police Journal
discriminating against them or not caring about them in “their own home”. As per the Indian/Punjabi culture, it is absolutely intolerable for a son or a brother to hear such things from his mother or sister(s). It is also a case of outsider versus insider, where the former is trying to dominate the latter. It is unthinkable in a patriarchal family system that some one from outside the family could start dictating terms to the members of the family. The rising number of everyday complaints generates poison in the mind of the poor lady’s husband. Thus, we find that the so-called patriarch’s authority has been usurped by the mother-in-law, who prevailed over her son/daughter to eliminate the daughter- in-law. l Conflict between mother-in-law and daughter-in-law There is perennial and traditional conflict between the mother-in- law and daughter-in-law, which is so very common in this part of our country. In Indian society when a woman is married, she has to live in the house of her husband’s family, where she is supposed to remain ever subordinate to the mother-in-Iaw’s conventional authority. If the mother-in-law is kind and benevolent, life becomes a heaven for the daughter-in-law, but what happens more often is that the mother-in-law makes life a hell for her. She often taunts her over small things, passes scathing remarks on everything belonging to her, including her parents, brothers and sisters, etc. In a nutshell, the relation between mother-in-law and daughter-in-law remains always strained. In the three cases of dowry deaths included in this study, it has been observed that the problem of harassment, physical and mental, was made the central issue. The cases show clearly that the in-laws have been punished on account of harassment of the daughter-in-law in some cases and not her death/murder per se. In the case of Hina it shows that the mother-in-law was a ‘greedy’ lady who did sometimes raise the bogey of dowry and also criticized her daughter-in-law for not getting it. Whereas in another case of Anju Rani, it has been observed that daughter-in-law was harassed for getting less dowry. Yet, in another case, the mother-in-law and the sister-in-law hatched a conspiracy with the girl’s husband and strangulated her in the bed at night and finally set her to fire to make it a case of suicide. It is simply amazing to read into such cases that just for the lust of money or goods, women of the house could go so far as to eliminate her brutally.
July - September, 2012 65 The Indian Police Journal l Consumer culture Industrialization and modernization of economy brings new products in the market. The markets, especially in Punjab, are flooded with goods, both Indian and imported and theTV commercials are inducing people to give themselves to crass consumerism. The consumerist demand for dowry, thus, serves two functions: it gets new consumer goods into the family and also reinforce the sense of subordination to the daughter-in-law and her parental family. If the demands are met, well and good, if not, then there is a reason to maltreat and harass her to such an extent that she may leave them on her own. That would open the way for a new marriage and more dowry. It is not surprising that the demand for dowry has increased considerably since when the Indian economy has been liberalized during the early 1990s. The three cases of dowry deaths also reveal the fact that after getting huge dowry, the daughters-in-law were harassed by their in-laws for more dowry from them as the Researcher also observed in these cases. l Dowry demands In the Punjabi society, greed for more dowry has consistently risen since the onset of Green Revolution and the cases of dowry deaths, which the Researcher studied, also reveal the same. Prior to that, dowry was never an issue in the settling or the success of marriage. On the contrary, there was a widespread practice of bride price in which the boy’s parents would pay to the girl’s family for accepting her hand. And, where this did not happen, it was called punn-da-viah. But, in the recent years, lust for dowry has increased so much that it has crossed all the barriers of sensibility and decency. Data shows that in the State of Punjab, 99 dowry deaths were reported in 1991. Whereas in nine years, dowry deaths increased and went up to 1,459 as reported in the year 2000. In the case of Daljit Kaur, it has been observed that after taking huge dowry at the time of marriage, her in-laws were never satisfied and always demanded more dowry. In another case of Hina, it was observed that the demand of dowry was not raised before and at the time of marriage, but after that her mother-in- law began to harass her for not getting anything in dowry. In
66 July - September, 2012 The Indian Police Journal
the case of Anju Rani too, it was observed that she was being harassed for getting less dowry. l Fraternal love between brothers In Punjabi society, brothers are often given to fighting over issues of wealth, property or even status, etc. They are shareek. And, once they all get married, the chances of their staying together as brothers, as one family are very remote. In the case of Anju’s death, it is also evident that the brothers, though having separate business and households too, are sharing the ancestral house with partitions, etc. Everyone in the neighbourhood the Researcher interviewed, narrated the story that on an issue of laying a water pipe in the wall, there was a tiff between the brothers as one was objecting to such an activity. The wives also intervened as the two brothers were scuffling. During this scuffle alone Anita bore the blow of an iron pipe that proved fatal. It was not out of any design. It was an accident. And people know about it. But, once she died, the fraternal bond between brothers got aroused and they all planned to give a cover to this death and tried to make it a case of suicide by burning her in the kitchen/bathroom. Simmel’s formulation of ‘conflict as solution’ applies well here. There is fraternal love between them, but it is also not free from conflict. l Law of the Land The Law of the Land applies on everyone. In the eyes of the Constitution of India, the law makes no distinction between the rich or the poor, caste or class. In all the case studies, it has been observed that the culprits were punished by the law. In the cases of dowry deaths, especially in the case of Hina, it was observed that her in-laws were punished, because she had died within seven years of her marriage. Whereas the villagers told the researcher that she had committed suicide due to her aggressive nature. This discrepancy may be explained in terms of the law that has been framed to help women to save them from dowry. Even if Hina died on her own, but the law came handy to her parents to punish the in-laws. The Section 304-B of the Indian Penal Code reads as follows: Where the death of a women is caused by any burns or bodily injuries or occurs otherwise than under normal circumstances within seven years of her marriage and it
July - September, 2012 67 The Indian Police Journal
is shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband, for, in connection with any demand for dowry, such deaths shall be deemed to have caused her death. l Aggressive nature In the case of Hina it has been observed that she was an educated girl who had done XIIth class. She was very fond of television viewing. Her sense of pride flows from her being more educated than her husband who has passed only class Xth. Her television viewing also empowered her through the information imparted therein about the rights of women and the framing of new laws for women’s empowerment. People of the village, their neighbours told the Researcher that she was an aggressive and short - tempered person. They also confirmed that her in-laws neither asked for any dowry at the time of marriage nor after that. Both her husband and father-in-law were never into this. They were not in favour of it either. Whenever and whatever demand for fridge was made that was only by her mother-in-law. This clearly shows that but for one person, no one in the family was for ‘dowry’ and hence, that could not by itself become a cause of her death but for her aggressive nature that pushed her towards suicide, though it had been precipitated by the ‘demand for dowry’. In the three cases of dowry deaths, it has been observed that the brides died, because the demand of dowry was not fulfilled. The capitalism or neo-capitalist has fashioned out the traditions of dowry, a particular naked nexus between marriage and money has come to stay at least in Punjab. The increase in supply of many luxury items in India has escalated the demands that grooms make for dowry where the sky is the only limit. References 1. Devasia, Leelamma & Devasia, V.V. (1989). “Female Criminals and Female Victims: An Indian Perspective”, Nagpur, Dattsons. 2. Gupta, Shiv Kumar (1999). “Creation of The Khalsa Fulfilment of Gurunanak’s Mission”, Punjabi University. Patiala, Publication Bureau. 3. Kaur Upinder Jit (1990). “Sikh Religion and Economic Development”, New Delhi, National Book Organization.
68 July - September, 2012 The Indian Police Journal
4. Leonard, B. Eileen (1982). “Women, Crime and Society: A Critique of Theoretical Criminology”, New York. 5. Mathew, Asha, “Fair Sex in Unfair Society: Women and Crime”, New Delhi, Ashish Publishing House. 6. Gibbsons, Don C., “Society, Crime and Criminology: An Introduction to Criminology”, New Delhi, Prentice-Hall of India. 7. Giordano Peggy C., Stephen, A. Crenkovich, Jennifer L. Rudolph (2002). “Gender, Crime and Resistance: Towards a Theory of Cognitive Transformation”, Journal of Sociology. Vol. (107), pp. 995-996. 8. Sekhon Iqbal Singh (2000). “The Punjabis”, New Delhi, Cosmo Publications. 9. Singh Avtar, “Ethics of The Sikhs” (174-175), Punjabi University, Patiala: Publication Bureau. 10. Singh B.K. (2006). “Women Empowerment Through Self-Help Groups”, New Delhi, Adhyayan Publishers. 11. Smart, Carol (1976). “Women, Crime and Criminology: A Feminist Critique”, London, Routledge and Kegan Paul. 12. Teja, Mohinder Kaur (1993). “Dowry: A Study in Attitudes and Practices”, Delhi, Inter India Publications. 13. William, Thomas A. & Christopher, A.J. (2004). “Women Criminals in India”, New Delhi, Anmol Publications.
July - September, 2012 69 An Ergonomic Questionnaire Study on the Job Stresses of Police Officers Atanu Saha*, Subhashis Sahu* & Goutam Paul*
Keywords Police Personnel, Job Stress, Health Problem, Psychosomatic Problem Abstract Police work is one of the most stressful occupations in the world due to their job-related stresses, disturbance in family life, uncertainty in work, lack of support from the superior, etc. They suffer from different types of psychosomatic disorders. However, no study has been carried out in India from ergonomic point of view. The present study aimed at assessing the physiological, psychological and social strains imposed upon Police Officers engaged in police job in West Bengal Police Service. This study was based on the questionnaire on the job stresses, work environment, sleep on debt, health problems and social and family life problems of Police personnel of Hooghly District, West Bengal. The study was conducted on one hundred seventy five Sub-Inspectors and Assistant Sub-Inspectors in various Police Stations in Hooghly District in West Bengal. Data was analyzed using a simple descriptive statistics and frequency tables. From the study, it was observed that Police Officers were suffering from very much from sleep debt due to irregular work hours and heavy workload. Perceive exertion was maximum when they worked as a Duty Officer than other types of duty. The findings from the study revealed that heavy workload, injury during duty and irregular duty hours were stressors that were more frequent during duty. Police Officers suffered from gastrointestinal and nervousness problems after joining the job. Police Officers suffered very much due to their family and social life problems, uncertainty of leave and duty hours. Some recommendations are stated below to reduce their problems.
Author Intro. : * Department of Physiology, University of Kalyani, Kalyani, Nadia-741 235, West Bengal, India. E-mail: [email protected] , [email protected]
70 July - September, 2012 The Indian Police Journal
Introduction OLICE work has been cited as the most stressful occupation in the world.1,2 The Police Officers face different work situations, Pwhich require high physical demand and mental ability.3,4,5,6 It has been shown that occupational stresses of Police Officers indicate that Police Officers are exposed to different stressful situations, which affect their health and performance. Work stresses of Police Officers are classified as emotional, physiological and behavioural reaction. These work stresses lead to heart attack, headaches, high blood pressure and stomach problems in Police personnel.7,8,9 It has been found from the study that Police Officers, who are suffering from stress, are more likely to display anger, spend time off away from the family. They remain aloof from family matters and these often lead to unsatisfactory married life.10 According to the study of some Researchers, Police Officers suffer from different health problems due to improper scheduling of the duty. As a result, Police Officers suffer from abdominal pain, and backache. Moreover, nervousness symptoms and gastrointestinal symptoms are more acute in them.11,12 Emotional reaction termed as a post-traumatic disorder (PSTD) causes job dissatisfaction, apathy and cynicism.13,14 It has been shown that behavioural reaction may reduce the level of job performance, errors, absenteeism, violence, isolation, excessive drinking and smoking.6 Study found that the policing job is stressful. The police stresses are rated as the highest due to possibility of being injured while on duty. The stress symptoms identified are feeling restlessness, worries and thinking of concerns at night, weakness, feeling tensed and anxious, feeling of depression, increase of appetite, loss of personal enjoyment and feeling of lack of energy.15 Police force is adversely affected in health and private life planning by lack of workforce, long working hours and enormous stress.16 It has been found from the study that Police Officers suffer different types of stressors during duty hours. Killing someone in the line duty,
July - September, 2012 71 The Indian Police Journal shooting incident, shift work and inadequate support of supervisors are most stressful stressors of Police Officers.2 Study showed that Police Officers suffer from the shift system. It affects sleep pattern, eating habits, family life and psychological well being.17,18,19 So far, only a few studies have been conducted on Police personnel in India to evaluate work stresses based on the ergonomic principle.1,20 Objectives The present study is aimed at evaluating the job stresses, work environment, sleep debt, health problems, and social and family life problems by questionnaire study of the Police Officers working in Police Stations of Hooghly District in the State of West Bengal. Materials & Methods l Observational Unit Study was conducted on one hundred seventy-five Sub-Inspectors and Assistant Sub-Inspectors in various Police Stations in Hooghly District in West Bengal. Police Officers are broadly classified into two groups: Unarmed and Armed. In our study, only Unarmed Police Officers were selected. l Questionnaire Study Elaborative questionnaires were developed based on direct observation and interview, and were placed for asking to one hundred seventy-five Police Officers, who worked in a different Police Station in Hooghly District in West Bengal. Different ergonomic aspects of workload, work environment, different types of stressors, health problems and family problems were sought in the questionnaire. l Data Analysis The data were analyzed as percentage, mean and + standard error. Comparisons of the means of different parameters of Police personnel were prepared by student’s test, P<0.05 as a limit of significance.21
72 July - September, 2012 The Indian Police Journal
Results and Discussion l General information collected The ages of the Police Officers studied were between thirty to fifty-eight years. Graduation was the minimum educational qualification at the entry level of the service. After joining police service, officers were exposed to physical and theoretical training for the building of capacity appropriate for the job for 1 year to 1½ year’s duration. It was also observed that the Armed Police Officers were only exposed to regular physical training schedule during an entire period of service. It was found that 50% of the Police Officers working in Police Stations had attained overweight. It was also found by previous study that B.M.I of the Police Officers working in the Police Stations was gradually increasing proportionately with the age of the subject.20 Table 1: General description of the police sample
Parameter Mean S.D. Range
Age 45 ±7.45 30-58
Height (metre) 1.69 ±.067 1.60-1.88
Weight (kg) 73.1 ±9.78 54-89
Experience (years) 12.30 ±7.15 2-29 l Sleep hours and quality of sleep of Police Officers All kinds of behaviour of the human body involve a measurable degree of mobilization of energy, which ranges from hypo- activation to hyper-activation. These types of activation depend on the activity of central nervous system - that is the degree of wakefulness of the brain, which in turn, is governed by two closely related parts of the brain. Those are hypothalamus and reticular formation. The circadian variations in hyper-wakefulness and hypo-wakefulness, and, in particular, the alteration of awakened state of sleep thus ultimately depend on the circadian variations in reticular-hypothalamic activity. Sleep debt is a general complaint of Police Officers. Total duration of sleep of night shift officers is less than the duration of sleep of day shift officers.22
July - September, 2012 73 The Indian Police Journal
In the present study, it was found from questionnaire study that the total duration of sleep hours of Police Officers, including napping, was least when they worked in night shift, especially when they worked as a Duty Officer in the Police Station. It was known that job stress is very high when Police Officers worked as a Duty Officer in the Police Station rather than performing other types of job.20 It was found from the questionnaire studied that sleep debt were significantly increased after joining the service. Their mean sleep hours 6.80±.72, including napping, was significantly (P<0.05) much less than sleeping hours of Armed Force (Reserve) Police personnel and others. The complaint regarding quality of sleep was also more common in Police Officers.
Sleep Hours, including Nap of Police personnel
Figure 1: Comparison of sleeping hours in different sample l Job preference and job stress Police Officers in the Police Force are broadly classified into two groups: Unarmed and Armed Force. In our study, Unarmed Police Forces were selected. Unarmed officers worked in following types of job: Investigation. Law and Order. Administrative work, mainly as Duty Officer in Police Station. Reserve force-policing.
74 July - September, 2012 The Indian Police Journal
Questionnaire study was conducted among one hundred seventy- five Unarmed Police Officers in different Police Stations in Hooghly District in West Bengal. It was found from the study that Police Officers performing administrative duties, primarily as a Duty Officer in the Police Station, suffered from comparatively high psycho-physiological stress when compared with Police Officers performing other types of duties. Their psycho-physiological stress become comparatively much less when they worked as a Reserve force-policing.
Table 2: Opinion of the Police Officers in percentage about stressful job in Unarmed Force category
Types of job Perceive Exertion Rating
Mean S.D. Range
Investigation 16.30 +3.31 (12-18)
Law and Order 16.65 +3.11 (13-18)
Administrative job, mainly during duty as 17.17 +2.95 (13-20) Duty Officer
Reserve force-policing 15.72 +3.58 (13-16)
When Police Officers work as Duty Officer or law and order maintaining officer, the mental stress is more, because they have to handle public grievances. It influences the motor cortex and cardiac reflex. It is suggested that enhanced work needs more energy and provides energy circulation. It is increased by autonomic nervous system and different types of stress hormones are released. l Psycho-physiological stressors faced by Police Officers Work overload and inadequate resources were more frequent stressors of Botswana Police Officers.23 The frequencies of occurrence of different psycho-physiological stressors were given in Table 3. From the Table, it was observed that heavy workload, injury during duty and irregular duty hours were stressors that are more frequent. Other’s common stressors were lack of resource, unfair work environment, contact with criminals, etc.
July - September, 2012 75 The Indian Police Journal
Table 3: Frequency of the stressors as rated by the Police Officers (Occurrence in percentage)
Stressors Very Fre- Some- Rarely Never Fre- quent times quent 1. Heavy workload 50.1 30.3 10.2 8.3 1.1
2. Injury during duty 27.2 40.7 19.2 10.6 2.3
3. High responsibility 30.1 32.3 20.7 12.7 4.2
4. Contact with criminal 35.7 25.9 22.3 12.3 3.8
5. Negative criticism to police 38.3 30.2 15.2 10.2 6.1
6. Dealing with fatal accident 15.3 22.7 32.7 27.9 1.4
7. Irregular work hours 40.1 32.5 15.2 8.2 4.0
8. Violence and riots 29.2 36.4 19.8 10.7 3.9
9. Family conflict 27.0 32.6 23.1 12.1 5.2
10. Unfair work environment 23.3 30.5 33.6 11.3 1.3
11. Bad behaviour by superior 25.7 32.3 22.3 12.3 7.4
12. Boring daily duty 33.3 27.4 19.8 19.3 4.2
13. Lack of resource 20.3 30.4 22.4 15.3 11.6
14. Low salary 38.3 31.2 17.2 12.3 1.0
15. Uncertainty about promotion 15.3 20.3 30.4 22.3 11.7
16. Rigid authoritarian system 33.7 27.3 21.7 15.8 1.5
17. Temptation to taking bribe 12.3 16.4 35.3 30.4 5.6 l Health problems of Police Officers Study was made to acquire data about their physiological stresses and health problems. It was found that health problems as mentioned in Table 4 were significantly increased after joining the police service. The study showed that Police Officers had no fixed duty hours or any regular shift system. Therefore, they were suffered from various metabolic and psychological disorders. Appetite and acidity were the most common symptoms of important problems among gastrointestinal disorder among Police
76 July - September, 2012 The Indian Police Journal
Officers, who could not intake home-made hygienic food due to their irregular and uncertain duty hours and location. It was observed from the study that nervousness problem was one of the most common psychosomatic disorders after joining the job. Depressions, loss of enjoyment, trouble in concentration, tension, and anxieties were the most common symptoms of nervousness problems among Police Officers. It was seen from the Table 4 that 52.2% officers were suffering high blood pressure after joining the job. High mental stress in job was one of the most important reasons of high blood pressure among Police Officers.
Table 4: Complaints about different physiological and psychological problems of Police Officers
Occurrence in percentage Type of problems Before joining After joining Never the job the job
Gastrointestinal 10.3 54.1 35.6
Nervousness/Anxiety 9.3 63.3 27.4
Cardiac 1.5 40.1 58.4
Respiratory 4.2 34.7 61.1
Pain in different body parts 1.9 31.1 67.0
High blood pressure 7.3 52.2 40.5
Others 20.7 53.4 25.9
In order to study the relationship among the Police Officers and their family life and social interaction, Police Officers were made to participate in different social and family activities. It was known that most of the Police Officers were depressed with family life and social aetivities24,25, because most of the Police Officers were doing their job as an isolated family member. They had no scheduled off day, and they were uncertain about their leave. The complaints about different family life and social life problems are given in Table 5. Children’s caring or parental responsibility, partner’s satisfaction, individual hobbies, physical activity, travelling, daily shopping were affected most seriously.
July - September, 2012 77 The Indian Police Journal
Table 5: Opinion of the Police personnel in percentage about their family life and social life problems (Opinion about time available for different activities in percentage)
Time available for Very Satisfied Some- Unsatis- Very satisfied what fied unsatis- fied
Domestic activities 9.4 13.4 22.1 23.5 31.6
Educational activities 10.3 14.6 22 29.5 23.6
Children’s caring 4.4 8.4 15.0 23.1 49.1
Daily shopping activities 4.2 6.3 5.6 30.4 53.5
Partner’s satisfaction 3.9 8.1 18.6 34.2 35.2
Time for family members 6.4 11.0 25.1 31.5 26.0
Personal life activity 4.0 4.7 31.0 36.0 24.3
Commercial activity 4.4 11.4 24.6 35.5 24.1
Religious activities 2.4 6.3 22.3 35.5 33.5
Social activity 4.0 6.9 20.3 32.3 36.5
Individual hobbies/sports 3.2 6.1 18.9 29.7 42.1
Going for marketing 3.9 5.9 20.4 30.5 39.3
Physical activity 2.1 4.3 16.6 34.3 42.7
Travelling/outing 1.9 4.7 20.0 32.4 41.0
Other activities 3.2 7.6 21.3 39.5 28.4
Conclusion It was observed that job stress and irregular work hours affect the duration of sleep hours and quality of sleep. Perceived exertion were maximum when they worked as a Duty Officer in the Police Station. During duty, they were faced with different types of stressors. Heavy workload, injury during duty and irregular duty hours were stressors that are more frequent. Sleep debt, weight gain, gastrointestinal, cardiovascular and psychosomatic problems, mainly anxiety and tension were main health complaints among Police personnel. It was observed that job stress directly affects the family and social
78 July - September, 2012 The Indian Police Journal life. Children’s caring, partner’s satisfaction, domestic activity and individual hobbies were affected very much. Recommendations Following points are recommended to reduce the problems: l Proper rotation of duty and shift system should be introduced. l Counselling to reduce stress. l Training for handling negative criticism. l Need to increase proper resources. l Yoga and physical exercise should be done regularly to reduce stress and anxiety. l System should be modernized. l Incentive and reward should be given for efficient work. l Salary should be increased according to their job demand. l Refresher or career advancement course should be done regularly after some intervals. l Promotion should be done regularly after some intervals. l Proper canteen facilities for hygienic food.
Acknowledgements Authors are thankful to Mr. Debashish Bej, IPS, and Additional Superintendent of Police (Industrial), Hooghly District for his kind approval to conduct the study. We also extend our thanks to all Police personnel of different Police Stations of Hooghly District for their kind cooperation. We are also grateful to Mrs. Piyali Ghosh Saha, Assistant Professor in Chemistry, M.U.C. Women’s College, Burdwan for her kind assistance to analyze the data.
References 1. Saha, A., Sahu, S. & Paul, G. (2010). “Evaluation of Cardiovascular Risk Factor in Police Officers”, International Journal of Pharma and Bio Sciences. (1) 4: B263-271. 2. Violanti, J.M. & Aron, F. (1995). “Police Stressors; Variations in Perception among Police Personnel”, Journal of Criminal Justice (23) 3: 287-294. 3. Alkus, S. & Padesky, C. (1983). “Special Problems of Police Officers: Stress- related and Male Law Enforcement Officer”, Counsell. Psychologist,11 : 55-64.
July - September, 2012 79 The Indian Police Journal
4. Anshel. M.H. (2000). “A Conceptual Model and Implications for coping with Stressful Events in Police Work”, Criminal Justice Behav. 27: 375- 400. 5. Malach-Pines, A. & Keinan, G. (2007). “Stress and Burnout in Israel Police Officers during Palestinian Uprising (Intifada)”, Int. J. Stress Manage., 14: 160-174. 6. Sigler, R.T. & O.R. Thweatt, (1997). “Religiosity and Stress for Police Officers”, J. Police Criminal Psychol., 12: 13-24. 7. Gibbons, R.M. & Gibbons, B. (2007). “Occupational Stress in the Chef Professional”, Int. J. Contemporary Hospitality Manage., 19: 32-42. 8. He, N., Zhao, J. & Archbold, C.A. (2002). “The Convergent and Divergent Impact of Work Environment, Work-Family Conflict and Stress coping Mechanisms Female and Male Police Officers”, Police Int. J. Police Strategies Manage., 25: 687-708. 9. Morash, M., Haarr, R. & Kwak, D. (2006). “Multi-Level Influence of Police Stress”, J. Contemporary Criminal Justice, 22: 26-43. 10. Jackson, S.E. & Maslach, C. (2007). “After-effect of Job-related Stress: Families as Victims”, Journal of Organizational Behavior, 3(1): 63-77. 11. Kecklund, G., Eriksen, C.A. & Akerstedt, T. (2008). “Police Officers Attitude to Different Shift Systems: Association with Age, Present Shift Schedule, Health and Sleep/Wake Complaints”, Applied Ergonomics. 39: 565-571. 12. Otmann, W., Karvonen, M.J., Schmidt, K.H., Knauth, P. & Rutenfranz, J. (1989). “Subjective Health Status of Day and Shift-working Policemen”, Ergonomics, 32(7): 847-854. 13. Carlier, I.Y.E., Lamberts, R.D. & Gersons, B.P.R. (2000). “The Dimensionality of Trauma: A Multidimensional Scaling Comparison of Police Officers with and without Post-Traumatic Stress Disorder”, Psychiatry Res., 97: 29-39. 14. Perrier, D.C. (1984). “Police Stress: The Hidden Foe”, Can. Police College J., 8: 15-26. 15. Agolla, J.E. (2009). “Occupational Stress Among Police Officers: The Case of Botswana Police Service”, Research Journal of Business Management, 2(1): 25-35. 16. Deschamps, et al. (2003). “Sources and Assessment of Occupational Stress in the Police”, Occup. Health. Nov; (6): 358-364. 17. Kroes, W. & Hurrell, J., Jr., eds. (1975). “Job Stress and the Police Officers: Identifying Stress Reduction Techniques”, HEW Publication No. (NIOSH) 76-187. Washington, DC:U.S. Government Printing Office.
80 July - September, 2012 The Indian Police Journal
18. Davidson, M. & Veno, A. (1980). “Stress and Policeman. In White-collar and Professional Stress”, eds. C. Cooper & J. Marshall, London, Wiley. 19. Violanti, J. (1984). “Shift Work may be Hazardous to your Health”, Trooper 3: 14-16. 20. Saha, A., Sahu, S. & Paul, G. (2008). “Ergonomic Evaluation of Job Stresses of Police Officers working in Different Police Stations of Hooghly District of West Bengal”, Journal of Environmental Physiology, 1(2): 67-78. 21. Das, D. & Das, A. (1998). “Statistics in Biology and Psychology”, Academic Publishers, Calcutta. 22. Folkard, S. & Monk, T. (1983). “Circadian Rhythms and Shift Work (in Stress and Fatigue in Human Performance”, edited by G.R. Hockey, John Wiley & Sons Ltd., New York, pp. 97-121. 23. Rollinson, D. (2005). “Organisational Behavior and Analysis: An Integrated Approach”, 3rd Edn., Pearson Education Limited, London, ISBN: 978-0-273--68578-4. 24. Jaramillo, F., Nixon, R. & Sams, D. (2005). “The Effects of Law Enforcement Stress on Organisational Commitment”, lnt. J. Police Strategies Manage., 28: 321-336. 25. Saha, A, Sahu, S. & Paul, G. (2009). “Occupational Stress among Police Officers: A Case Study in Hooghly District Police Service ofWest Bengal”, In: Ergonomics for everyone (edited by Dr. S. Gangopadhyay), 21-30.
July - September, 2012 81 Does Community Policing make a difference ? Human Rights of Minorities and Police in Multi-cultural Society of Ireland Dr. Radhanath Tripathy* & Dav McInerney**
Keywords Community Policing, Law Enforcement, Rights of Minorities, Human Rights, Homogenous Society, Multi-cultural Society, Racial Problem, International Human Rights Standard, Unbiased, Well-Balanced Abstract The interface between the law enforcement machinery and rights of minorities has drawn the attention of human rights activists globally and domestically in the last few decades, with the increasing recognition of cultural and group rights. This article intends to study this issue in the Republic of Ireland which in the recent past has transformed from a homogenous society to a multi-cultural one. An attempt is being made to throw light on the circumstances leading to racial and intercultural problems and the Irish police’s reaction to this and to evaluate the success and failures of the Community Policing Practices, adopted with a broad objective of promoting and protecting the human rights of racial and ethnic minorities. This paper gives an outline in respect of strategies employed in the area of community policing and the application of international human rights standards by the police, in the rapidly changing multi-cultural society of Ireland. Introduction OLICE in every society is one of the most important service providers entrusted with preventing, detecting and investigating Pcrime, while at the same time protecting and upholding the human rights of all groups/communities without discrimination. This is
Author Intro. : * Visiting Fellow, School of Social Justice, University College Dublin, Dublin, Ireland Email: [email protected] ** Senior Research Fellow, School of Sociology, University College Dublin, Ireland.
82 July - September, 2012 The Indian Police Journal quite a challenge in itself and requires the police to be extremely well- balanced and unbiased in their dealings with the public. Police forces must also be in a position to protect the rights and dignity of all sections of the population and likewise members of all groups and communities must feel that they are treated equally and fairly with respect to their cultural differences where appropriate. In today’s globalised world, which is characterized by a constant movement of people, the police are expected to adopt policing methods that ensure cultural rights and dignity of diverse communities. The community policing practice is relied upon in Ireland to meet the aforementioned challenges as it is assumed to be the most promising policing method, to protect human rights and to build trust within the community it serves. Racism and Police in British Society: A lesson for Ireland Ireland’s society and the police system are very much associated with that of Britain, though they are two sovereign nation-states since 1921. The police system in Ireland was designed and developed during the period when Ireland was a part of the United Kingdom. The fact is that even after independence, Ireland’s police adopted the police practices developed in Britain- be it the model of community policing or policing practices to deal with racism. The definition of ‘racist incident’ was adopted in Ireland directly from the Macpherson Report of UK (Macpherson, 1999) which states that ‘any incident which is perceived to be racist by the victim or any other person’ is recorded as a racist incident’. The definition of a racist incident and the consequent steps taken by the British police to deal with it during the last four decades has been a great lesson for the Irish police. Police in Great Britain have been struggling with the issues of migrant communities and their rights since 1960s. Though British society has been accommodating people of different races and cultures since long, racial tensions have been surfacing there at regular intervals for the last five decades. The record of the British police which is well known for its high level of efficiency and effectiveness, in protecting minority’s rights and dealing with racial conflicts has not been very satisfactory. After the Second World War, the local street police officer on foot patrol, known as the ‘bobby on the beat’ (now officially referred to as the community police officer) had a crucial role to play in terms of providing various services to meet the needs of the community, particularly that of working class. It constituted the basis for ‘consensual’
July - September, 2012 83 The Indian Police Journal relations between the police and ordinary working class. However, the so-called ‘consensus policing’ virtually collapsed in Britain as a result of gradual destabilization of working class communities in 1960s and 1970s. Another compounding factor at this time was the arrival of new commonwealth immigrant communities with their different value systems which contributed to a sense of fragmentation and cultural dislocation (Taylor,1981). The aforementioned factors led directly to unemployment, deprivation, rising crime rates and the emergence of a distinctive youth sub-culture thereby undermining the conditions for ‘consensual policing’ (McLaughlin, 2007). Migrant communities gradually started realizing that the police did not treat them in a fair and impartial manner and understand their vulnerabilities as marginalized minorities in British society. They doubted the protection role of the police and often considered it a waste of time making reports as victims to the police as they felt they were treated with disdain. It was alleged that police officers usually sympathized with the negative views of the majority about the minorities in their midst. This combined with allegations of the police’s failure to deal effectively with racist incidents and violent racism that was permeating society at that time is well reported (Bowling, 1998). During the period 1975-1985, there was a constant increase in racial attacks and harassment of minorities. One study (London Research Centre, 1993) calculated that sixty three murders of minorities took place between 1970 and 1985. It also revealed that one in ten ethnic minority households suffered racial abuse or physical attack. However, ironically only 51% of cases had been reported in police records, the study added. The police’s claim of impartial treatment and protection of rights of minorities in British society has been a topic of debate and this society has been struggling with the problem of institutional racism in Police since then. Institutional Racism in Police Culture Police worldwide is often known for their discriminatory practices and behaviour grounded on race, nationality, religion, caste, etc. The negative attitude of police towards racial minorities is well documented. The outcome of racist police behaviour can be clearly witnessed in high profile cases such as the murder of Stephen Lawrence (Macpherson, 1999) and the beating of Rodney King (Westmarland. 2008) by police officers of UK and USA respectively. The discriminatory police service
84 July - September, 2012 The Indian Police Journal and racial practices are deep rooted in the police culture in every society. Therefore, police culture needs to be clearly understood in order to find a solution to racism within the police institution (Rowe, 2008). One main problem that stands out within the ‘police culture’ is that the culture is not necessarily based on the ‘human rights based ethos’ of the institution, but merely relies upon the general values of individuals and community. Values tend to be inculcated while learning on the job and immersed within the culture. Despite extensive training prior to patrol, most policing is learnt from one another or from the more experienced officers; therefore if he/she possesses credible policing values, will then tend to act in accordance with such positive values (Westmarland, 2008). There are certain cultural features that become ingrained within policing institutions and these features do not tend to change rapidly – once learnt they are hard to un-learn (Garland, 2004). The police usually see themselves as protecting the decent, law abiding citizens from the criminal and disorderly elements of society. The so called ‘ordinary decent people’ are usually equated with the respectable working class and middle class (Waddington, 1999). Outside this respectable working and middle-class are the ‘other’ in every society. This ‘other’ always generates suspicion on part of the police due to the fact that they usually inhabit open public spaces due to destitution and homelessness thereby leaving them exposed to constant police oversight. Invariably, the ‘other’ in society is made up of a large percentage of vulnerable minorities. How can a police officer adopt a positive attitude in his/her approach towards the ‘other’? This is the question that has to be addressed by police worldwide and a challenge that has to be overcome. It is well recounted how attitudes of police towards the ‘other’ in society is influenced by contact not with the average law abiding citizen but experience of ‘heavy users’ of police services-willingly or unwillingly; they are generally the ‘other’ (McLaughlin, 2007). A well-established fact that police officers usually make decisions based upon assumptions derived from previous experiences in dealing with different people; therefore, demeanour, gait, skin-type, tattoos etc, bear heavily on decision making at any given moment. Prejudice coupled with power is seen as one of the main factors contributing to blatant discrimination
July - September, 2012 85 The Indian Police Journal against minorities by police officers. Negative perceptions and stereotypes create an ingrained prejudice against ‘other’. It is important to note that psychologists have identified highly prejudiced individuals as having an authoritarian personality. These individuals include the police who possess great power – power of which will be influenced heavily by any prejudices that the officer may have towards minorities (Jandt, 2004). Lack of interaction with minority communities in everyday life can be a crucial factor in officer’s developing stereotypical views predicated on the interactions they have which are based upon crime and victimisation (Rowe, 2008). It is widely believed that constant interaction of police officers directly with minorities in a positive manner dispel such assumptions and soften prejudices and stereotypes. The community policing which is based on constant interaction and consultation of police with members of the community in solving complex socio-legal problems, if adopted, will not only build trust in minorities by police but will help protecting rights and respecting dignity of these people. Irish Police Tradition It was in 1814 that Robert Peel, the chief representative of the British government in Ireland, established an armed militia known as the ‘Peace Preservation Force’. This arrangement eventually became unreliable and unworkable to such an extent that Peel (then as Home Secretary) introduced the Irish Constabulary, a paramilitary force styled upon the French Gendarmerie which were recruited from the immediate population. It has been suggested that the Irish Constabulary provided the prototype for the establishment, by Peel, of the London Metropolitan Police in 1829 (Kilcommons,et al. 2004). It was in 1922 after independence from Britain that Ireland formed its own police force to be named in the Irish language as ‘An Garda Siochana’, means ‘guardians of the peace’. Important changes were introduced to make the Garda Siochana play the role of a civic rather that paramilitary police force. The most distinctive feature of this new development which has a direct bearing on the topic of discussion was the attempt to make the police the symbol of Irish nationality as Ireland then was a homogeneous society consisting of mostly one race and community. Towards this end, initiatives such as providing training through the Irish language, maintaining close links to the Catholic Church and promoting widespread involvement in
86 July - September, 2012 The Indian Police Journal
Gaelic sports, etc, were undertaken to promote values of Irish culture and nationality among corps. The claim that there existed positive links between the police and the public undermined any calls to develop structures that would facilitate or mediate public consultation. An Garda Siochana was a direct agent of the state mirroring the attitudes, values and beliefs of the majority population. The ideal of ‘consensus policing’ existed to such an extent that it was taken for granted that An Garda Siochana was unanimously policing the society at the will and permission of all the people of Ireland. An unfortunate consequence emanating from this has been reported that, there was a general failure to develop a system of organisation oversight or any structured means for developing and consolidating formal links between police and the public due to perceptions of complete public satisfaction (Mulcahy & O’Mahony 2005). Homogeneity to Multi-cultural Society and Development of Racism in Ireland Apart from small groups of officially invited programme refugees, Ireland was not, until the mid1990’s, a chosen destination for asylum seekers or other migrants (Bagley, et al. 1999). In less than a decade, Ireland changed from being principally a country of emigration to a country of immigration. As pointed out by the International Organisation for Migration (IOM) in a report (IOM, 2006), the growth in immigration in Ireland was strongly influenced by Ireland’s economic boom and subsequent policy responses that facilitated immigration and the return of Irish nationals living abroad. The ethnic minorities who constituted only 3 per cent of the Irish population in 1995 suddenly increased to 10% by the year 2005 (Census, 2006) as a consequence of high economic growth (O’Sullivan, E & O’Donnell, I, 2003). Racism, which was unknown to Ireland till the mid of 1990s, started gripping the Irish society with the rise of immigration and reports of racial discrimination and crime became a matter of great concern(Immigrant Council of Ireland, 2011). Underneath all this was a simmering moral panic, partly fuelled by the media in depicting foreigners as stealing jobs and scarce housing from the Irish. Allegations of welfare fraud were constantly levied against Ireland’s newcomers. Zizek captures majority population’s sentiment in this regard in stating that ‘to the racist, the ‘other’ is either a workaholic stealing our jobs or an idler
July - September, 2012 87 The Indian Police Journal living on the labour, and it is quite amusing to note the haste which one passes from reproaching the ‘other’ with a refusal to work to reproaching him for the theft of work’ (Zizek,S, 2000).Other factors leading to moral panics at that time was the fact that accusations of poorly thought out policy combined with little advance planning, such as dispersing asylum seekers to rural towns, contributed to the growth of racist rhetoric (Rolston & Shannon, 2002) Reports began to appear depicting the Irish as somewhat biased towards ethnic and racial minorities. Amnesty International Report (2001) involving 622 black and minority ethnic respondents concluded that racism was becoming a frequent and endemic structural feature within Irish society, rather than a mere aberration. Curry in his attitude survey also established that Irish people like to maintain distance from the migrants particularly Africans, Arabs, Romanians and Asians (Curry, 2000). In another study conducted by Jaichand in 2008 on racism against Black taxi drivers in Galway (a city of Ireland), 100% respondents confirmed racially motivated harassment in the course of their work. However, racial incidents and crimes are not reported in most of the cases because of the lack of confidence of migrants on police, the study highlighted. There had been a constant increase in race-based discrimination cases lodged in the Equality Tribunal of Ireland. A total of 359 cases out of 842 cases lodged in this Tribunal were race related, while 306 cases in 2007, 148 cases in 2006, 82 cases in 2005 ( MRCI, 2010). The Fundamental Rights Agency of European Union in its 2009 report revealed that Ireland is one of the five EU countries where racist crime has increased in 2007. It was found out that 224 cases of racist crime have been reported in this year, which is 29.5 per cent increase on the previous year (MRCI, 2010). The Eurobarometer report on ‘Discrimination in the European Union’ published by European Commission in 2009 observed that 46% of the Irish population thought that discrimination on the basis of ethnic origin was very or fairly widespread in Ireland (MRCI 2010). The figure shown above is much less than the real incidents as cases of racist crimes are often not formally reported. The Central Statistics Office of Ireland in its report in 2005 observed that those most likely to experience discrimination were least likely to take any action. It also noted that 60 % of those experience discrimination do not take any formal action, while only 6 % take formal action, including legal action.
88 July - September, 2012 The Indian Police Journal
Challenge of Protection Ireland ratified a host of international humanitarian laws and treaties, the aim being to ensure that all human beings would be treated as equals while in Irish territory. Ireland’s Constitution of 1937 also provided general provisions in respect of equality based upon the right to freedom from discrimination on the grounds of one’s race and religion. The Equal Status Act of 2000 introduced further protection of equal rights by prohibiting discrimination on the grounds of race, religion, gender, marital status, family status, age, disability, sexual orientation, and membership of the Traveller Community (the indigenous people and the only traditional minority community of Ireland). However conversely, it is claimed that adequate attention is not afforded to the protection of basic human rights of migrants in Irish Immigration Law. It is alleged that the Immigration Act 2004, contains contentious features for Immigration officers to attach conditions as he or she may think fit to a non-national’s stay in Ireland.The Employment Permits Act 2003, (Section 3) appears to encourage racial stereotyping by empowering Immigration Officers to detain anyone reasonably believed to be a non-national. Also the use of the term non-national is troubling as individuals are likely to be detained on the basis of physical attributes that an Immigration Officer may construe as non- Irish (Fanning & Munck, 2006) In addition to legal provisions, what is needed more to guarantee the rights and dignity of the minority communities, is an effective and human rights-friendly police. The appearance of people of different colours, of different religions from different cultural traditions, speaking different languages posed a great challenge for the Irish police, who did not have any past experience of dealing with diverse needs and rights of racial and ethnic communities other than the Irish, exception being of the small indigenous minority group of Travellers. The most immediate issue being to gain knowledge and understanding of an ever increasing non-Irish population and as to what rights such persons were entitled to within their ‘non-Irish citizen status - citizenship providing the context in which rights are defined and to be enjoyed by citizens. It is claimed that the welcome of immigrants to Ireland is conditional in that they are immediately channeled into official categories such as asylum seeker, programme refugee, work permit, visa or authorisation
July - September, 2012 89 The Indian Police Journal holder, each subject to different rights and policing arrangements. In this regard asylum seekers are claimed to be by far the most controlled and policed group of immigrants, while those on student and work visas are less subject to intervention(Boucher, 2004). The impact of such categorisations plays its part in day-to-day policing tactics. The intricacy in delivering police service to minorities in the face of demands for equality for all human beings regardless of citizenship was another major challenge for police in multi-cultural Ireland. For an Garda Siochana, it was necessary to learn about the new community and their cultural and religious practices. Reports of hate crimes and racist practices perpetuated by white Irish majority community against new arrivals created the need of keeping records and investigating such cases by the police and also call for a change in the policing methods. The present economic recession since 2009 has further increased the responsibilities of the police as it badly affected the condition of immigrant communities in terms of making them more vulnerable to racial practices. The fact that makes minorities helpless and endangers their rights and dignity is the institutional racism or racial practices in policing. Ironically the guardians of rights become instrumental in the violation of rights of such people. This has been well established by the reports of Amnesty International (O’Mahony, et al. 2001), which revealed that 25% of racist incidents experienced were at the hands of the Garda; 54% of black Irish people said they experienced discrimination from Immigration Garda; 56% felt they were not treated fairly by the Garda; 61% said that the Garda did not take racist incidents seriously and 57% thought they would not be welcome as members of the Garda. Low rate of reporting of racial cases/crimes due to lack of faith of immigrants on Garda (Jaichand, 2008) further corroborate the institutional racism in Irish police. Again racist crimes are under-reported, under-recorded and under-prosecuted by law enforcement agencies across the European Union, the EU’s Fundamental Rights Agency reported (MRCI 2010). Facing the Challenge: Through Community Policing The recommendations laid down in the Rotterdam Charter(1996) stress the importance of the appointment of liaison officers to strengthen ties between the police and minority communities. Specialist officers with an understanding of ethnic minority communities may tend to diminish negative consequences of racism through their unbiased
90 July - September, 2012 The Indian Police Journal sensitive policing methods. This they do through working with the community and in consultation and participation with its members. It is primarily based on the broad premises that it will ultimately protect and promote the human rights of the vulnerable minorities/immigrants. The Commissioner of An Garda Siochana launched the Garda Racial and Intercultural Office (GRIO) in 2000 in response to the demands for a police service that would understand the increasingly diverse community it was policing. The functions of the staff were outlined at this office to include responsibility for coordinating, monitoring and advising on all aspects of policing in the area of ethnic and cultural diversity. In 2009, the scope of GRIO was expanded to include other special (minority) groups such as Lesbian, Gay, Bisexual and Transgender (LGBT); disabled and old people with a purpose of embracing a wider field of diversity and the office was renamed as Garda Racial, Intercultural and Diversity Office (GRIDO). The Ethnic Liaison Officers were given an additional responsibility of dealing with above said people. The Ethnic Liaison Officer (ELO) Model The innovative method employed by the GRIO to meet the immediate needs of police and the immigrant population was the appointment of community Gardai as Ethnic Liaison Officers (ELOs) at local level to work with the newly arriving immigrants and learn about their specific policing needs. The officers appointed as ELOs would ideally be well placed in the community and in a position to interact with immigrants and learn about their protocols, customs and religious practices. In 2002, the office of ELO was formally created and the Garda Commissioner appointed 145 officers (later increased to 320) at local level; their primary function being to liaise with the members of minority communities and to reassure them of the impartial Garda services. ELOs would now be in a position to actively liaise with ethnic minorities and act as ‘change agents’ for An Garda Siochana in ensuring Ireland’s police service, and would have a comprehensive understanding of the migrant communities and be enabled to provide a police service that would have a thorough idea of the community it serves. The existence of ELOs in every Garda station would also be in a position to challenge workplace racism wherever raising its head. These officers would now use innovative methods to gain insights into minority communities
July - September, 2012 91 The Indian Police Journal at local level with the aim of building trust and confidence in these people on police and in this process to prevent any kind of racially motivated discrimination against them. Richardson while realising the need for sensitised policing skills to police the LGBT communities states, ‘fear of being outed or of suffering further victimisation or prejudice, either at the hands of investigating officers or the perpetrator, means that they require a particular sensitive approach by police officers’ (Richardson, 1995).It carries relevance here as those reporting crime to police perceive the officer as prejudiced towards minorities in general. This type of analogy can usually result in the victim not bothering to report the incident due to a perception that the institution may be racist. This is the point where the ELOs can facilitate ease of access to minority victims to report racist crimes and ensure them a sensitised police service without discrimination and having regard for their particular vulnerabilities. A host of initiatives were undertaken during the period 2002-2005 in the area of training and techniques of community policing with a purpose to build up trust among minorities and to protect them from racial discrimination. The GRIO conducted training programme aiming to make these special police officers (ELOs) understand the intricacies of policing a multi-cultural society and learn anti-discriminatory techniques. These officers, besides the in-house training, attend a training course for few days at the local level with the minority residents who brief them on the reality of living among the white Irish community. The Consultation Process Scheme was officially launched in 2005 to promote liaising with minority communities, and since then ELOs have been constantly engaged in the process of involving the said people in the policing. They, for the purpose of building close ties with these people, work with organisations such as Africa Centre, Akidwa (Network of African and Migrant Women), Ahmadiyya Muslim Association, Immigrant Forum, Islamic Cultural Centre of Ireland, Chinese Association of Ireland, Ireland-India Council, Nigerian Association of Ireland, Congolese Solidarity Group, etc. In the year 2004, Garda started ‘Open Day’ initiative, during which people from the different locality based ethnic minorities are invited to visit their local Garda Station in conjunction with International Day against Racism – March 21st. Ethnic Liaison Officers have been promoting
92 July - September, 2012 The Indian Police Journal integration of these communities by involving them in community social events at local level, Neighborhood Watch, Community Alert and other community policing initiatives. In addition to this, information seminars on policing a multi-cultural society have been undertaken at regular intervals addressing residents’ associations. The Irish Police with a purpose to provide a platform for both senior Garda management and stakeholders across the diversity spectrum to meet, consult and engage with each other, organises every year a National Consultation Day. More than 150 representatives from 15 different minority/immigrant groups and organisations working on the rights of these people such as Amnesty International, Anti-racism Network, UNHCR, etc coming from all over Ireland participated in the Consultation Day of 2012. Besides the above, different cultural and sports events are also being organised among immigrant communities as well as between these groups and majority (Irish) community across the country by the ELOs which in turn promotes interaction and integration between these people, police and majority community on the one hand and help trust-building on the other. Ethnic Liaison Officers, besides liaising and spreading awareness, assist and monitor the investigation of all cases/crimes involving minority community and ensure that appropriate support mechanisms are available to members of these groups like interpreters/ translators, family support, cultural requirements etc. They constantly liaise with victims of racist incidents and ensure their protection with the help of organisations providing support to the victims of crime and other local and national victim support services. Most importantly, they deal with all complaints against police officers involved in racial practices in work or failing to provide professional police service to these groups. Above all, they monitor the delivery of appropriate police services to ethnic minority communities and for that they regularly visit Reception Centres for Asylum Seekers and Refugees to ensure that residents are aware of Garda services and the role of ELO. They advise the Garda Human Rights Working Groups on cultural sensitive issues and work as partners in a European Commission sponsored project on Anti- Discrimination Training Awareness for Police in Europe. Being directly responsible, GRIO constantly monitors the activities of ELOs and give direction to them from time to time. Complaints regarding Garda service delivery made by representatives of minority
July - September, 2012 93 The Indian Police Journal communities are dealt with by this office. Meetings are arranged with complainants and firm action is taken to address grievances. Outcomes are logged and recorded and are later deconstructed and used as training templates. Above all these, the Garda Ombudsman which was set up in 2007 deals with all complaints, including those made by the minorities against members of An Garda Siochana.
Evidence of Operational Good Practices
Is community policing an answer to the complex process of policing a multi-cultural society? The assessment of the ELO model in Ireland after one decade of its inception could provide an answer. This paper due to its limitations is based on secondary data. It needs to be mentioned here that few empirical research findings are available to make one draw the final conclusion about the success or failure of community policing in this context in Ireland. However, efforts have been made to draw certain conclusions based on the available data and personal interaction of the author with both the members of minority communities and officials of agencies working in this area and police. The findings of studies conducted in recent past establish that the innovations in this area of policing have positively improved the police-minority community relationship which is reflected in the increasing satisfaction of these people with the police services. Discrimination and racial practices by police has declined over these years.
An attitudes survey conducted in 2007 (An Garda Siochana, 2007) revealed that 76% of minority communities are satisfied with overall contact with Gardai. It also found that 8% respondents expressed that they had been subjected to racial discrimination by Garda members which is much less then the figure of Amnesty Report that established 25% of racist incidents were at the hand of Garda. Most importantly, 92% of refugees were satisfied with Garda services, the survey established. Wang (2010) in her study on the relationship between asylum seekers and An Garda Siochana suggested that the majority (68%) of asylum seekers in Dublin have in fact, positive attitudes towards the police services.
94 July - September, 2012 The Indian Police Journal
Table I: No of racist incidents and No of complaints against police Year No of racist incidents No of complaints lodged in Garda recorded in Irish Police Ombudsman office against police for racial discrimination 2006 173 NA
2007 214 39
2008 172 29
2009 128 25
2010 122 24
2011 117 26
Source: Central Statistics Office, Ireland and Office of the Garda Siochana Ombudsman
According to the official data available (Table 1) there is a sign of gradual decline of racial crime in Irish society since 2007. Further the decreasing number of complaints against the police officers for racial discrimination establishes to a reasonable point that institutional racism in Irish police is declining though not in a very impressive manner.The comparison of the findings of studies conducted in the recent past with that of Amnesty International, which was done prior to the inception of ELO model, makes one believe to a large extent that initiatives taken by Irish Police in the respect of community policing and a strong and effective accountability machinery have not only improved the quality of police services towards the minority/immigrant communities, and reduced racial discrimination but also helped protecting the human rights of these vulnerable groups. Looking Ahead The community police initiatives, though officially accepted as a success story in Ireland, need to be revaluated and improved. As a universal phenomenon, no society/community is fully satisfied with police, so is the case with the members of minority/immigrant groups in Ireland. The integrity and commitments of Garda officials are still doubted by immigrant population. In a Survey (An Garda Siochana, 2007), 20% of respondents expressed their dissatisfaction with police behaviour and 8% said they have been subjected to racially motivated discrimination by Garda members. Police behaviour particularly by the immigration Garda is very often criticized by the immigrants. It is claimed by the
July - September, 2012 95 The Indian Police Journal representatives of minority groups, human rights activists and press during the consultation day that the police personnel’s behavior in general, except the ELOs is not very friendly towards the immigrant population, though they all acknowledge the role of the later to be commendable. There is a need for improvement in certain vital areas of policing for protecting and promoting the rights and dignity of minorities/ immigrants and for reducing institutional racism in police in Ireland. A systematic policy of selection, training and promotion of ELOs needs to be developed. At present, only 3 out of 320 ELOs are non- Irish. People from minority communities should be appointed to the maximum level possible as ELOs, as it is argued that it will reduce racial prejudices in policing. Intensive training that can challenge and reduce bias/prejudices of police personnel towards minorities and make them sensitive to the human rights of the later is lacking. Training helps in a great way in reorientation and learning the anti- discriminatory techniques. Candidates participating in this type of anti-discrimination training may encounter a lot of discomfort when prejudices are directly challenged. An evaluation of such training that indicates high levels of discomfort with the issues proves that the participants are engaging with the challenges to racism, prejudice and power. Research concentrated solely on the training of Ethnic Liaison Officers, revealed that there was a need for additional training for police in order to cope with the demands of policing Ireland’s multi- cultural society (McInerney, 2004). There is a clear need for police management to facilitate and accommodate ELOs to carry out their role at the most professional level. This involves permitting ELOs to employ discretion and to go out and meet constantly with immigrant communities, in order to get to know them and become acquainted with cultural sensitivities, etc. They need to be encouraged to take up language courses as it will facilitate their dealing with such people in a situation where a large numbers of immigrants continue to speak their own native language. Finally, ELOs can actually play an important role in the field of integration by assisting the majority community in coming to terms with the new communities. This might be done by giving information seminars to members of the local white Irish community about the new residents and by promoting informal interaction between them through socio-cultural events.
96 July - September, 2012 The Indian Police Journal
In addition to the above, another major problem that is frequently noticed in this system of specialised police service is the ‘shifting of responsibilities’ as racist incidents reported to any member of Garda are generally referred to the ELO rather than attending it immediately. Therefore, each police officer should be trained to be sensitive towards the rights of culturally diverse groups of people. Over and above all, what is required for the protection and promotion of basic human rights of the minority/immigrant communities is not only to strengthen the ELOs, but to change the entire police culture in terms of making it an impartial service provider. However, the practice of racism and violation of human rights of racial and ethnic minorities is an issue not so simple to be solved only by the police, no matter how effective and human rights-friendly it is, as these are the issues deep rooted in socio-cultural and economic milieu of the society at large. Eradication of racial discrimination and protection of human rights of minority/immigrant communities call for a change in the legal framework as well as in the political and administrative policies and programmes. The success of community policing in past in checking racism in Ireland as argued by scholars, depended on the structural economic equality that has been a feature in the Irish society unlike that of the UK. However, the cultural inequalities make the minorities subject to various forms of discrimination. In future the question of racism will depend on what will be the socio-economic situation in the light of the present economic crisis, rather than the policing techniques. Despite the truth in the above argument, the role of police will remain vital in protecting and promoting the human rights of minority immigrants in the days to come in Ireland.
References
An Garda Siochana (2007).Traveller/Ethnic Minority Attitudes Survey. Templemore: Garda Research Unit. Begley, M.C., et al. (1999). Asylum and Public Health in Ireland.Department of Public Health Medicine and Epidemiology University College. Boucher, W.G. (2004). ‘The land of conditional welcomes’ In M. Peillon & M.P. Corcoran (eds.) Place and Non-Place – The Re-Configuration of Ireland. Dublin: IPA. Bowling, B. (1998).Violent Racism: Victimisation, Policing and Social Context. Oxford: Oxford University Press.
July - September, 2012 97 The Indian Police Journal
Census, 2006, Central Statistics Office, Ireland. Curry, P. (2000). “...she never let them in: Popular reaction to refugees arriving in Dublin”, In M., MacLachlan, & M. O’Connell, (eds).Cultivating Pluralism. Dublin: Oak Tree Press. Fanning, B & Munck, R. (2006), “Translocations inthe Irish migration”.Race and Social Transformation Review,1(1), Autumn 2006. Garland, D. (2004),Punishment and Modern Society. Oxford: Oxford University Press Immigrant Council of Ireland (2011). ‘Taking Racism Seriously’ – Racist Harassment, violence and anti-social behaviour in twenty-first century diverse Ireland. International Organisation for Migration (2006). Managing Migration in Ireland: A Social and Economic Analysis, Dublin: National Economic and Social Council Jaichand, V, (2008). “Riding Along With Racism?”, Research report on the Galway Taxi Industry: Employment Opportunities, Patterns of Public Use and User Perceptions, National University of Ireland, Galway. Jandt, F.E (2004). An Introduction to Intercultural Communication: Identities in a Global Community. London: Sage Publication. Kilcommons, S., O’Donnell, I., O’Sullivan, E & Vaughan, B. (2004).Crime, Punishment and the Search for Order in Ireland. Dublin: Institute of Public Administration. London Research Centre Report (11th March 1993) Macpherson, W. (1999). The Stephen Lawrence Murder and Sir William Macpherson Inquiry Report, London. http://www.socresonline.org.uk/4/ lawrence/editorial.html McInerney, D. (2004). Garda Ethnic Liaison Officers: Intercultural Ireland- Developing the Role of the Garda Ethnic Liaison Officer within An Garda Siochana. M.Phil. Dissertation. Dublin: Trinity College. McLaughlin, E. (2007). The New Policing. London. Sage Publications Migrant Rights Centre Ireland (MRCI) 2010. “Hidden Messages: Overt Agendas”, A report by Niall Cowley. Mulcahy, A & O’Mahony, E. (2005). Policing and Social Marginalisation in Ireland, Combat Poverty Agency, Working Paper: 05/02: Available at http:// www.combatpoverty.ie O’Mahony, E, Loyal, S & Mulcahy, A. (2001). Racism in Ireland: The Views of Black and Ethnic Minorities, Dublin: Amnesty International.
98 July - September, 2012 The Indian Police Journal
O’Sullivan, E & O’Donnell, I. (2003). “The politics of intolerance”, British Journal of Criminology , 43, 41-42: Centre for Crime and Justice Studies (ISTD). Richardson, J. (1995) “Policing in lesbian and gay relations”, In G. Webster (ed.), Violence in lesbian and gay relations,Sydney: Jones-Pichard. Rolston, B & Shannon, M. (2002). Encounters: How Racism Came to Ireland. Belfast: Beyond the Pale Rowe, M. (2008).Policing Beyond McPherson: Issues in Policing Race and Society. UK: Willan Publishing. Taylor, I. (1981). Law and Order: Arguments for Socialism. London: Macmillan Rotterdam Charter (1996), Policing for Multi-Ethnic Societies, The Hague Waddington, P.A.J. (1999) “Police (Canteen) Sub-Culture: An Appreciation”, British Journal of Criminology, 39 (2).Pp. 286-309. Wang, Y. (2010) An Garda Siochana and Asylum Seekers: Personal Accounts from Dublin, Ireland, USA: The Kenan Institute for Ethics, Duke University. Westmarland, L. (2008) “Police Cultures” in Newburn, T (eds) Handbook of Policing, UK, Willan Publishing. Zizek, S. (2000) “Enjoy your nation as yourself” in Beck, l and Solomon, J.(eds), Theories of Race and Racism, London: Routledge.
July - September, 2012 99 Access to Justice for Victims Approaching the All Women Police Station - A SWOT Analysis Ms. Sunanda Bhagavathy* & Dr. Beulah Shekhar**
Keywords Access to Justice, All Women Police Station, SWOT Analysis, Penal Code, Dowry Prohibition Act, Domestic Violence, Strength, Weakness, Opportunities, Threats Abstract The work done by All Women Police Station (AWPS) is remarkable. It includes receiving complaints of: a) dowry harassment; b) domestic violence and c) compatibility issues. It was a welcome relief for the aggrieved women who felt free to talk to the women police personnel. This was mainly because, as women, they understood the problems better. Also, it avoided the embarrassment of talking to strangers, that too men, about delicate personal problems. The general apprehension that the men police in the general stations would favour their own gender was also ruled out. As the general police station managed by men tackling all sorts of criminal acts like murder was a deterrent to women who were mainly victims of marital problems within the four walls of the house or sexual harassment in the workplace. The pile up of complaints at the maiden AWPS made a few things clear to the State, especially the authorities manning key issues of the State. The result was the decision, in 1993, to open at least one AWPS at each district Headquarters. The vision enlarged further to each sub division. Now, there are 196 AWPS in the State. A unique, well-thought out two-pronged approach was introduced. Introduction HE concept of opening an All Women Police Station (AWPS) was put forth; it was received with a mixed reaction - from the Tdoubting Thomas category, to welcome and wonder from those Author Intro. : * DSP, Police In-Service Training Center, Tirunelveli Range ** Associate Professor, Department of Criminology & Criminal Justice, Manonmaniam Sundaranar University. Tirunelveli
100 July - September, 2012 The Indian Police Journal who encourage innovative ideas. There was murmur and discussion as to what the outcome would be. The concept turned into a reality in April, 1992, with the inauguration of the first All Women Police Station in Thousand Lights, Chennai. In just a month, it received 3000 and odd petitions making eyebrows raise in awe and wonder. The mounting pressure by the women’s organizations for alleviation of women’s problems, stemming out of the criminal assaults, tangles and so on, accelerated the introduction of an exclusive police station for women, by women and of women. This was a blessing in disguise to many victims. Given the cultural moorings that do not view women going to the general police station as correct, the introduction of the AWPS made women, who were hitherto hesitant even to voice the wrongs done to them, feel emboldened to give formal complaints against their oppressors. The Functioning of AWPS The AWPS has roles and responsibilities related to its vision and mission of assisting women victims of crime and of empowering them to report crimes against them. It provides immediate relief to women and children in distress like, rescuing girls in misery and missing children, assist Policemen in the raids to curb the immoral trafficking offence, public order duties at large gatherings where women congregate, investigates crimes against women under Indian Penal Code, Dowry Prohibition Act, Tamil Nadu Prevention of Women Harassment Act, Domestic Violence Act, Child Marriage Act, Medical Termination of Pregnancy Act, Child Labour Act, Juvenile Justice Act, Prevention of Immoral Traffic Act, etc. It provides 24x7 women helpline and child helpline services, and also assist the police personnel in the frisking and escorting women prisoners. The work done by the AWPS is remarkable. It includes receiving complaints of: a) dowry harassment; b) domestic violence and c) compatibility issues. It was a welcome relief for the aggrieved women who felt free to talk to the women police personnel. This was mainly because, as women, they understood the problems better. Also, it avoided the embarrassment of talking to strangers, that too men, about delicate personal problems. The general apprehension that the men police in the general stations would favour their own gender was also ruled out. As the general police station managed by men tackling all sorts of criminal acts like murder was a deterrent to women who were mainly victims of marital problems within the four walls of the house
July - September, 2012 101 The Indian Police Journal or sexual harassment in the workplace. The pile up of complaints at the maiden AWPS made a few things clear to the State, especially the authorities manning key issues of the State. The result was the decision, in 1993, to open at least one AWPS at each district Headquarters. The vision enlarged further to each sub division. Now, there are 196 AWPS in the State. A unique, well-thought out two-pronged approach was introduced. Firstly, the involvement of the community was ensured in the form of family counseling. Any solution to domestic violence can be availed, only with a change in the mindset and attitudes of the members of the family concerned. To make that solution, a workable as well as a practical solution, volunteers from all walks of life were brought in, as counselors or expert advisers. Since these members were from the fields of Revenue, Medicine, Psychology, Law, Education, Social Service and NGOs, they were able to pinpoint the problem to a large extent, and were knowledgeable enough to give guidance, counseling, awareness about sources of help available in the particular situation, and also pragmatic solutions. This was a move appreciated by the society in general. Secondly, the AWPS came out with yet another laudable feature. It introduced the Mobile Counseling Unit which visited villages and hamlets. The visit of the mobile unit changed the image of the police as hostile and dreaded. A very good outcome of the reaching out was, the removal of the hesitation that is generally seen among the public. This, in turn, helped in fighting violence against women. An example can be cited to illustrate the point made. In an attempted molestation case of a fourteen year old girl, initially, the Investigating Officer could get witness’ statement only from the kith and kin, and not a single independent witness. Fighting against the odds, the Investigating Officer made repeated appeals to the people (making use of the mobile counseling unit) on the need to come forward to give evidence, highlighting the fact that only such an approach could help fight the crimes against women. The persistent appeals paid off; enough evidence was procured and the IO was able to secure a three month’s conviction and also a fine slapped against the offender. This unit even went to the extent of ‘cultivation of sources’ i.e. the informant system so that the effect of the presence of the police system could be felt in remote villages and hamlets, otherwise not easily penetrated.
102 July - September, 2012 The Indian Police Journal
Review of Literature • Kethineni & Srinivasan, 2009 : a. The data from one AWPS indicate that women who face a wide range of family issues prefer to bring their petitions to women police for possible resolution. b. Women prefer to have their complaints brought before women police in the belief that these officers better understand and address their problems. c. Women police initially conduct a preliminary inquiry and attempt to resolve family disputes through various informal approaches, including mediation, in which the wife, husband, and members of the extended family come to the police station for a discussion of the issues of concern. d. Women police deal only with criminal offenses, such as cruelty or harassment by husbands and other relatives who engage in violence. • Natarajan. M,2005 : Using detailed data from 474 case records and interviews with 60 dowry victims, the present study examines how women police stations serve as a dispute processing system, and describes the services extended by the stations to the victims of dowry disputes. Many cases were successfully resolved and violence was frequently reduced. The study holds implications for the extension of training in dispute resolution for women police in India. • Natarajan. M,1996 Women Police Units in India: A New Direction : This study was conducted in 1988 soon after the functioning of the All Women’s Police Stations in Tamil Nadu. Many more of the women in these units than in the general sample of women officers said they would like to perform a range of police activities, but they would like to do this in units staffed only by women. • Shekhar & Rufus, 2006, A study on victim counseling in All Women Police Stations in Tirunelveli revealed that Skill of the counselor and access to counseling was of paramount importance to a domestic violence victim, irrespective of the environment in which assistance was sought got a fine slapped on the offender.
July - September, 2012 103 The Indian Police Journal
• Secondary traumatic stress is another threat to the efficient working of an AWPS due to the nature of the cases that are brought here. Therefore working in the AWPS is a highly stressful job where one continually faces the effects of trauma, violent assaults on women and children and has to witness serious personal injury to women and children. Picturing these police officers as victims at first seems strange as there is very little literature on this subject and in India there is absolutely no research in this area. Contrary to the public image of police officers as a person who is strong, skilled and invulnerable, in reality the police officers are often vulnerable to burn out. (Shekhar, 2003). Hence a counselor may be made available for the Station house officers and the other women officers in these AWPS. Related UN Instruments UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 is the Magna-Carta for Rights of the Victims of Crime. This document envisages that the criminal justice institutions guarantee the ten basic rights namely, to be treated with compassion and respect, right to information, right to present their views in the court, free legal aid/ advice, protection of privacy and physical safety, informal dispute resolution, social and medical assistance, restitution by the offender or compensation by the State and the right to capacity building & cooperation. This UN document along with the Guide for Policy Makers and the Handbook on Justice to Victims clearly stipulate the need for special services for women victims merely because they deserve a safe space to redress their grievances in their path to recovery, reparation and help them getting Justice for being wronged. Guide For Policy Makers It states that many jurisdictions have noted that special categories of victims may require particular attention, owing to the problems they face in coping with the victimization and their limited access to justice. Women, children, the elderly, persons with disabilities, sexual assault victims, domestic violence victims, survivors of homicide, victims of drunk or drugged driving crashes, victims of hate crimes, refugees as victims and victims of large-scale crimes - for all these categories special measures may be necessary to ensure adequate and equal treatment.
104 July - September, 2012 The Indian Police Journal
The Handbook on Justice for Victims is also a tool for implementing victim service programmes and for developing victim-sensitive policies, procedures and protocols for criminal justice agencies and others who come into contact with victims. Victim services are those which ‘emphasize financial support, logistical support and personal treatment (Elias 1992). Dussich, (2004) defined victim services as those activities which are applied in response to victimizations with the intention of relieving suffering and facilitating recovery. These may include police and other law enforcement personnel, prosecutors, legal and other victim advocates, judges, correctional personnel, health and mental health providers, social workers, ombudsmen, spiritual leaders, civil organizations, traditional leaders, Human Rights Commissions, legislators and elected representatives, and others. It applies similarly to those to whom victims reach out in their immediate circle—to their family, friends and neighbors—and to various informal, spontaneous and indigenous support structures. The first interaction between the police and the victim is crucial as to how the victim copes and recovers. Treating victims in a more sensitive and sympathetic manner helps the police to do their job better. The victim also will be more willing to disclose the information they have. These include on-site crisis intervention and securing the emergency medical assistance. Police should provide victims with information regarding their rights and with referrals to services and resources that can help the victim to heal. Explaining police procedures and investigatory process; informing victims about how to protect evidence; accompanying victims to emergency medical services in cases involving injury. Hence, we see that the AWPS is a step in the right direction towards Victim Justice. The very idea of the AWPS itself is to offer a more humane and compassionate service than provided in the general Police Station, as the atmosphere is conducive to build a rapport with the victim. The officer in the AWPS take an entirely different role as a support system, with a readiness to lend an ear and help them ventilate their bottled up grief and express their emotions and consequently give accurate details about the crime. Immediate attention is paid to redress the grievance. For this reason, as per the UN Declaration on the Basic Principles Of Justice For Victims of Crime and Abuse Of Power, 1985, victims should be treated with compassion and respect for their dignity and that they are entitled to prompt redress for the harm that they have
July - September, 2012 105 The Indian Police Journal suffered, through access to the Criminal Justice System, reparation and services to assist their recovery. In line with this Declaration, the need of the hour is a more functional All Women Police station, which will prove to be‘manna from heaven’ for women victims of crime. In a tradition-oriented country like India, where we have more than 50% of the population comprising women, it is our duty to ensure the implementation of the recommendations of the UN Declaration with regard to women and their safety, security and empowerment. SWOT Analysis SWOT analysis is a strategic planning method used to evaluate the Strengths, Weaknesses /Limitations, Opportunities, and Threats involved in a project or in a business venture. It involves specifying the objective of the business venture or project and identifying the internal and external factors that are favorable and unfavorable to achieve that objective. The technique is credited to Albert Humphrey. SWOT is an acronym for Strengths, Weaknesses, Opportunities and Threats. By definition, Strengths (S) and Weaknesses (W) are considered to be internal factors over which you have some measure of control. Also, by definition, Opportunities (O) and Threats (T) are considered to be external factors over which you have essentially no control. SWOT Analysis is the most renowned tool for audit and analysis of the overall strategic position of the business and its environment. Its key purpose is to identify the strategies that will create a firm specific business model that will best align an organization’s resources and capabilities with the requirements of the environment in which the firm operates. In other words, it is the foundation for evaluating the internal potential and limitations, and the probable opportunities and threats from the external environment. It views all positive and negative factors inside and outside the firm that affect the success. A consistent study of the environment in which the firm operates helps in forecasting/predicting the changing trends and also helps in including them in the decision- making process of the organization (Humprey,2005). Need For SWOT Analysis The effectiveness of SWOT analysis is not limited only to the profit- seeking organizations. SWOT analysis may be used in any decision- making situation when a desired end-state (objective) has been defined. Examples include: Non-profit organizations, governmental units, and individuals. SWOT analysis may also be used in pre-crisis planning
106 July - September, 2012 The Indian Police Journal and preventive crisis management. It may also be used in creating a recommendation during a viability study/survey too. SWOT analysis groups key pieces of information into two main categories. The aim of any SWOT analysis is to identify the key internal and external factors that are important for achieving the objective. These come from within the institution’s unique value chain. Also, a periodic SWOT analysis would enhance the functioning and would go a long way in improving the existing services rendered by this very important part of the Police Department. These Officers, being the front line professionals and the face of the Criminal Justice system to the victims, have a very important role to play in fulfilling the aspirations of the UN Declaration on Victims. Since its commissioning in 1992, the number of AWPS in India has grown to 524 (National Crime Records Bureau, 2009). Given that SLOT analysis is a strategic tool to evaluate any new venture, the time is ripe to do the same on the working of the AWPS as it has been 20 years since it was opened in Chennai in 1992. This would allow achievable goals or objectives to be set to improve the working of the AWPS. It is a pioneering initiative of the state of Tamil Nadu in India. Strengths It is easy to build rapport with the victim as the general opinion goes, a woman can understand another woman better. Can we attribute this to the motherly attitude of women? As the AWPS is generally exempted from the mainstream work, immediate attention is paid to redress the grievance as the issue needs more dedication. Building rapport with the women victim is uncomplicated and the redressal becomes smooth. For example in a case the husband denounced the wife and child stating that she was not his wife, and the child was not born to him. He also stated that she was only his maid who is now trying to exploit him. This happened when his status improved and he had developed an illicit relationship. When the case was being enquired into by the AWPS, the counseling member and advocate filed a case in the family court seeking financial assistance from the husband. The court asked for some evidence to establish their relationship in the absence of the marriage invitation and certificate. There came the evidence in the form of the `family card’! The co-sister who was taken into confidence by the POs produced it in the court on the crucial date by which justice was rendered!
July - September, 2012 107 The Indian Police Journal
The police officers can obtain uninterrupted flow of information due to the empathy shown to the women victims. The NGO’s representatives could find it conducive to be with the victims and offer medical and legal advice and counseling as and when required. The follow up action by the AWPS is to be prompt and timely. The officers are trained to show readiness to lend an ear, which sooths the victim and help them ventilate their bottled up grief and express their emotions, which consequently give accurate details about the crime. The prime way of solving the family issues by the AWPS are by providing services like family counseling, de-addiction counseling, medical aid and re-habilitation for victims’ wards. Besides giving counseling, coping mechanism is also instilled in women through some voluntary organizations. The personnel of the AWPS take an entirely different `avathar’ (Incarnation) in the work place in the form of a mother, sister, advisor, social thinker and caretaker and last but not the least as a law enforcing officer. With proper training and motivation, police personnel show empathy and appease the victims and assist them to resolve the issue at hand. Most of the AWPS are in the Sub-Division Headquarters which tries to facilitate the needs of the victims like providing a waiting room, privacy to have counseling, drinking water and toilet facilities. The very idea of the AWPS itself is to offer a more humane and compassionate service than in the general police station as far as women victims are concerned. Meticulous supervision on the functioning of the AWPS and prompt review of the performance will yield the desired quality of services, as women understand the problems faced by her clan better than their counter parts. This has unfortunately been a downside ever since the Anti-dowry cell DSP post was abolished. Limitations The frequency of training given to the AWPS staff on Counseling and Victimology may be increased. The infrastructure facility for enhancing and boosting the effectiveness of enquiry, counseling, victim assistance, etc., must be made pucca and institutionalized. Though the AWPS is provided with a vehicle, at times it is taken for other duties. The staff of the AWPS may be spared from other mainstream work unless and until it is warranted.
108 July - September, 2012 The Indian Police Journal
The personnel who work in the AWPS should be given periodical special training on counseling technique, law relating to the crimes against women, handling of the women and child victims, etc. The recent trend of routing all dowry related cases only through the District Social Welfare officer to the AWPS is a stumbling block for the SHOs in the AWPS. Though the Court has stated that the AWPS officer can register a case on the merits, the defence uses the Government Order, empowering the Social Welfare Officer as a tool. Burnout due to `compassion fatigue’ causes lapses in the manner of receiving the victims at the reception, when the SHO feels it is one among 100 case, whereas for the victims it is a single incident. Keeping this in mind, an officer sent the entire women Police station staff of Chennai City Police to Pondichery under the guise of having a look at the only AWPS there. Only after reaching the Union territory, the women police team realized that it was a holiday presented to them by their super cop to relieve them from the fatigue at least for a day. The convictions in the AWPS may be duly recognized and rewarded promptly. The personnel should invariably be given counseling to reduce the secondary trauma. The personnel in the Women Police Stations are reportedly looked down upon as they do not contribute to the supposedly more demanding law and order situations. This trend must be changed and all should be posted to the AWPS on rotation basis. Some of the AWPS still function in a single room with inadequate seating facility even for the police personnel themselves. The working atmosphere is not encouraging as the personnel and the victims will not have separate spaces in some police stations. Adequate personnel may be posted in the AWPS as per the Government order issued while opening the AWPS. With the limited personnel, the enquiry Petition, registration of case, attending to the court work, the provision of Counseling, after care, etc., are affected adversely. The officer from a different region takes time to read the cultural and social life of the victims of the area, which will affect the proceedings in the AWPS. They may not be willing to stick to the post too due to their role in their own family. The personnel must be ready to mingle with the public of the area so that the process of performance will be smooth and preferred.
July - September, 2012 109 The Indian Police Journal
Opportunities Networking with the local NGOs will facilitate easy access to the available victim assistance programme. Continued assistance to victims after conviction of the offender is possible as far as the crimes against women is concerned. Respect and recognition for victims will be comparatively far better in an AWPS. The AWPS are prompt in providing the victims with information relating to their enquiries and cases. Special services and support like procuring victim relief fund, Insurance benefits, medical assistance, and assistance for the wards are some of the areas where the AWPS get ample opportunity to serve the needy. The ordering of restitution, victim participation, support persons accompanying the victims, providing protection to the victims of special categories of victims are taken care of in the AWPS as per the need and demand. Architecture and use of space in buildings is much better in an AWPS than in a general police station. Since this innovative program is an initiative taken by the present Chief Minister and this has had worldwide acclamation, so much so that that Late Ms. Benazir Bhutto even started one in Pakistan and hence there is a political will for improvement of conditions. Many of the Women Police Station buildings are being constructed with a vision of being a home away from home for the women in distress. Victims need a little more awareness about the advantages of using the services provided in an AWPS, which can be improved through Media especially, visual media. The concept of mobile counseling must be well understood. This can attract more volunteers to come forward to help the AWPS through which community policing can also be implemented. In one of the cases, an AWPS received a phone call from a fertilizer shop stating that a woman who had come to get a bottle of pesticide does not look like as if she has to use it for agricultural purpose as she looks totally distressed. When she was brought to the station and the officer listened to her patiently, she sighed, `had anybody been there at home to listen to me, I would have refrained from making this unwanted attempt’. This proved that establishing rapport with the AWPS personnel and approachability is more when compared to the other police station. Had it not been there, the fertilizer shop man would not have contacted the Police station. Thanks to the widely publicized help line telephone no 1091.
110 July - September, 2012 The Indian Police Journal
The women Police Stations should network with the willing and credible NGOs, Universities, voluntary organisations and willing social workers so that the responsibility of bringing more information about the offender, production of the witnesses in the court, the care given to the victims, accompanying the victims to the hospitals and Courts can be assisted by them.
The concept of the AWPS can be reviewed and studied by the External project network to improve the quality of the service to a qualitative level. In the words of Ms. Kiran Bedi, I.P.S., ‘the function of the women police should be reviewed with the quality of their work, not with the sheer numbers’ during one of her interviews in Salem may be quoted here. The police personnel should be imparted training in interactive techniques, to provide quality service bearing in mind that police is not a ‘force’ like during the British times but a ‘service’ agency where victim satisfaction is of paramount importance.
The awareness about their rights among the public has improved a lot so the personnel of the AWPS has to fulfill the needs of the victims and to deal with the aggrieved in a compassionate way. Coordination with other service providers to cover all victims’ needs, including medical aid, legal aid, and provision of trained social workers is very much the need for the smooth functioning of the AWPS. Making use of the credible NGOs, trained and authorized service providers, Legal aid forums to assist the victims, etc. would indirectly uplift the image of the Police and directly lessen the work pressure as well. Remodeling of facility with Local Government funds and international models such as Brazil, use of plain clothes so there is no fear of the officer, juveniles accompanying the parents can be tried as is the case of AWPS in Brazil. Threats Secondary traumatic stress is another threat to the efficient working of an AWPS due to the nature of the cases that are brought here. Therefore, working in the AWPS is a highly stressful job where one continually faces the effects of trauma, violent assaults on women and children and has to witness serious personal injury to women and children. Hence, a counselor may be made available for the Station House Officers and the other women officers in these AWPS.
July - September, 2012 111 The Indian Police Journal
The low economic status of the victims directly affects them when they are summoned to the Police Station frequently which drains their pockets. The frequency of appearance for the enquiry costs their job even if the Women Police Stations are located in approachable places. The lack of publicity about the mobile counseling concept at times faces opposition in remote villages. Lack of honorarium or certificate as a token of appreciation for the volunteers like the counselor, social worker, lawyer, doctor, psychologist, revenue official, etc is holding back many volunteers. Expenses related to investigation charges are to be reimbursed in time. Payment of incentives to the personnel working in AWPS based on performance (similar to the personnel deputed to the training wing), may be contemplated. Prompt assistance of General Police Stations during the arrest and search of male offenders is to be ensured. Review of procedures for decreasing costs and waiting times and increasing apparent quality should be taken up periodically. Victimizing men under the guise of protecting women is the greatest threat to the name and fame of the qualitative functioning of the AWPS. There is a general talk and tendency that the laws relating to women are being misused, at least by a section of the public if not the whole lot. For example, in an unfortunate incident, a woman who did not want to live with her husband in a rural area stayed with her parents in the city. The husband who had his business in the rural area could not shift to the city also. So after waiting for a long time he sent a legal notice seeking restitution of conjugal rights. Hiding this fact, the lady preferred a complaint with one of the AWPS that she was meted out with dowry harassment. The AWPS duly sent for the Counter Petitioner to appear on a particular date for enquiry. But instead of receiving him on the date, they only receive the message that he had consumed poison as he could not tolerate the humiliation of being called in a Women Police Station ! Undermining the rules and responsibilities, importance and need of the AWPS defeats the noble purpose of its establishment. Many feel that Women Police Stations are not worth maintaining and the manpower is being wasted there. Some of the untoward incidents of suicides by the offenders near the AWPS has cast a shadow on the AWPS. Media’s blanket portrayal of AWPS personnel as aggressive, arrogant and non-cooperative is condemnable. Therefore, a periodic SWOT analysis applied to the working of the AWPS is a clear indicator
112 July - September, 2012 The Indian Police Journal of the need to plug all loopholes and fortify this excellent service, to the women victims of crime in India. Another way of analyzing the functioning of the AWPS is the ‘PESTLE’ analysis. PESTLE is an acronym for Political, Economic, Social, Technological, Legal and Environmental factors, which are used to assess the working of an AWPS and its strategic plan. Yet another assessment method is the PRIMO-F, which is the analysis classified as People, Resources, Innovation & Ideas, Marketing, Operations, Finance method. The Road Ahead This service when strengthened will increase the reporting behavior of women victims and will go a long way in reducing the dark figures of crime. Training on Victimology and victim assistance may be included in the academic syllabus of every Police and Judicial academy, to increase the professionalism of this service. Involvement of the NGOs in training at the Police academies and judicial academies, adequate provision of infrastructure and the availability of counselors for the AWPS personnel to prevent secondary trauma, filling up of the sanctioned strength with the Women Police from the reserve battalions, Sensitization, skill development and capacity building of officers and functionaries of the NGOs may be considered. Research on the need of all services to enable the need-based approach to victim services is required. Finally, re-establishing the post of Anti-dowry cell DSP to monitor the functioning of the AWPS may be thought off. Last but not the least is research on the need of all services to adopt the need- based approach to victim services. The apex funding body, the UGC, has sanctioned a major project grant to conduct a National Study on “Victim Assistance in All Women Police Stations” in order to improve this service to the Women Victims of crime. It is likely that the outcome of the study will hopefully throw more light on the working of the AWPS and the gaps in services. Conclusion If the AWPS rises to the expectations of the Victims and the Public, they can expect words of praises `Vanthu vizhunthal, Kaval Illam thanil, which means ‘She took shelter in the Protective Home (Police station)’. This is an excerpt taken from the poem written on behalf of a Victim turned survivor, (Gowri 2003), due to the exceptional victim
July - September, 2012 113 The Indian Police Journal assistance and services received at an AWPS in a small Village of the Southern Tamil Nadu ! Definitely a jewel in the crown of that Station House Officer, who was in charge of that particular All Women Police Station!
References
Dussich, John, 2004 Victimology – Past, Present And Future available at www.unafei.or.jp/english/pdf/RS_No70/No70_12VE_Dussich.pdf accessed on March 20th 2012 Elais,1992 Victims Of Crime - Working Together To Improve Services available at www.victim.org.au/documents/conf_proceedings_adjusted_ mo.pdf accessed on March 17th 2012 Gawri. Victoria, 2003 Jananiyn Jananam-Collection of poems Guide for Policy makers available at www.uncjin.org/Standards/policy. pdf accessed on 29th March 2012 Handbook on Justice to Victims available at www.uncjin.org/ Standards/9857854.pdf accessed on 29th March 2012 Humphrey, Albert, 2005 “SWOT Analysis for Management Consulting”. SRI Alumni Newsletter (SRI International) available at http://www.sri. com/about/alumni.com/newsletter/Dec.05.pdf accessed on March 13th 2012 Kethineni & Srinivasan, 2009 Police Handling of Domestic Violence Cases in Tamil Nadu, India Journal: Journal of Contemporary Criminal Justice Volume:25 Issue:2 Dated:May 2009 Pages:202 to 213 Natarajan, M,1996 Women Police Units in India: A New Direction; Police Studies volume 19 International Review of Police Development. 63 Natarajan. M, 2005 Women Police Stations as a Dispute Processing System Women & Criminal Justice Volume 16, Issue 1-2, pages 87-106 Shekhar B & Rufus 2006 ‘Victim Counselling In All – Women Police Stations In Tirunelveli – An Analysis’ with Rufus In the Indian Police Journal, Volume LI No. 3, Pages 8 -17. July – September Shekhar Beulah. (2003). Law Enforcement Officers-Victims of Secondary Traumatic Stress. The Indian Police Journal, July-September 2003 UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power available at www.un.org/documents/ga/res/40/a40r034. htm accessed on 29th March 2012
114 July - September, 2012 Differentiating between the Profiles of Participants Vs Witness of an Event Using BEOS Test Anjali Yadav*, Dr. M.S. Dahiya**, B.B. Daundkar***, Dr. M.V. Garad****
Keywords Brain Electrical Oscillations, Signature Profiling, Perpetrator, Witness, Experiential Knowledge, Motor and Visual Imageries Abstract Brain Electrical Oscillation Signature (BEOS) Profiling is a technique used to identify the presence of electrical signals in the brain related to an individuals participation in an experience. It is used as an aid to investigation in the forensic scenario, to study the involvement of individuals who are suspected to have been involved in committing a questionable act. Presence of experiential knowledge (presence of participatory specific information) of an action is determined from the electrical oscillations of the brain, when remembrance is triggered by an external stimulus, in this case the probes presented. Studies have indicated that BEOS Profiling can differentiate between a perpetrator and innocent by eliciting “experiential knowledge” related to a perpetrator’s participation in a criminal activity, which is absent in the innocent. The present study proposes that a perpetrator will have significantly more motor imageries compared to an individual who has only witnessed the same action. It is also hypothesized that there will not be any significant difference in the number of Experiential Knowledge related probes present for visual imageries as both have witnessed the event. In the current study, Participants of the experimental group executed an activity according to a pre-designed plan of action, when they were accompanied by another participant from the control group, who merely witnessed the actions executed by the former. Subsequently, a BEOS test was carried out to compare the profile of those witnessing the tasks with those carrying out the predetermined tasks. The study was conducted in the BEOS Laboratory at the Directorate of Forensic Science Laboratory (DFSL), Mumbai.Comparison of the BEOS profiles of the two groups showed significantly greater number of EKs in the experimental group, whereas the two groups were comparable on the visual imageries scores. Author Intro. : * Central Forensic Laboratory, Chandigarh. ** Former Professor & Head, Department of Clinical Psychology, NIMHANS Bangalore. *** Director, Gujarat Forensic Science University. **** Directorate of Forensic Science Laboratories, Mumbai.
July - September, 2012 115 The Indian Police Journal
Introduction RAIN Electrical Oscillations Signature profiling is a technology (Mukundan 2011, 2010, 2008a, 2008b, 2007, 2006) increasingly Bused in crime investigations. The test is based on the findings that the brain activation pattern significantly differs in remembrance and knowing (Steinvorth et al. 2006; Vandekerckhove, et al. 2005; Umeda et al. 2005; Naghavi et al.2005; Cabeza et al 2004; Giloba et al. 2004; Horiike et al. 2004; Turriziani et al. 2003; Luu et al. 2003; Graham et al. 2003; Markowitsch et al. 2003; Cinel et al. 2002; Marsh et al. 2002; Cycowicz et al. 2001, 1997;Fletcher et al. 2001; Hicks, Marsh 2001; Jones et al. 2001; Troyer, Craik 2000; Aggleton, Brown 1999; Reinkemeier et al., 1997; Nyberg et al. 1996; Evans et al. 1995; Harris and Kay 1995; Smith, Jonides 1999; Gardiner, Java 1994; Tulving et al. 1994; Tulving 1987). The chief advantages of the test are: (1) the suspect need not give any oral or behavioral response during the test, (2) it helps to elicit information about sequence of activities, which an individual has participated in, (3) it allows differentiating the roles of different suspects, if there are more than one present in a crime, (4) it allows self-validation of the technique every time it is used on a person, by eliciting information confirming those episodes which are known to have indeed happened, and for which there is no contradictory opinions either among the suspect or the investigating agency, and (5) it allows elicitation of information about a suspect’s version of his involvement or alibi, which could support/facilitate exoneration of a suspect. Typically, a BEOS test is carried out to verify various hypotheses in the ways a crime would have taken place. The suspect is allowed to go through the list of probes before the test is carried out, in order to avoid any surprise to the subject, and for transparency with the subject. The BEOS profiling is used in the forensic scenario as an aidto investigation in which both suspect and accused are subjected to the test. The test identifies the presence of electrical signals in the brain related to an individual’s participation in an experience when remembrance is triggered by probes presented to the subject. It is indeed a test of remembrance and the content of information presumed to be present in the suspect is only inferential. Its validity is augmented by the positive findings of presence of participation in sequence of activities. Subject who have had the said experience and in whom remembrance is triggered by the probe produces electrical
116 July - September, 2012 The Indian Police Journal oscillations of the brain, and it is called a signature of remembrance. In the absence of experience, this signature is absent even if the subject gained information/knowledge of the activity. The remembrance is automatically and mandatory (Moscovitch) in the presence of a stimulus or probe which could cue its retrieval. Remembrance of the experience is called the “Experiential Knowledge” (EK) and a signature that indicates presence of memory related to an event. EK is elicited in BEOS profiling only if the subject has participated in the activity referred by the probe and would not yield EK if the subject only has knowledge of it. The probes are designed by the examiner sequentially referring to the activities formulated. The BEOS profiling reveals sequence of activities on the part of the subject indicating his involvement in the crime and the activities thereafter. Such a profile helps to reconstruct the total picture of the crime rather than presenting a single response indicating the suspect’s involvement. The BEOS test has been validated by an independent Government study conducted by Technology Information Forecasting and Assessment Council (TIFAC, New Delhi) and the Directorate of Forensic Sciences (DFS), Gandhinagar, India. Forensic application of the test was also supervised by an Ethics Committee headed by a High Court Judge at the DFS. The normative study (TIFAC-DFS Normative Data for Brain Electrical Activation Profiling – Study Report 2008) collected data from 110 normal volunteers who participated in a simulation study, and the Receiver Operative Characteristics Curve analysis showed a sensitivity of 0.91, and specificity of 0.94, using ‘Mean +2 SD’ of the Control group as the cut off score for classification of participants into the Experimental group. With cut off scores greater than ‘Mean + 3 SD’ specificity of the test increased to 100% for identification of the participants in the Experimental group. BEOS profiling was carried out using the equipment called Neuro Signature System. The system produced a result sheet after the signal computations and their statistical analysis, which showed the presence or absence of EK responses to each probe. A 32-channels system is advised as the subject can sit and participate in the tests for longer periods with little personal discomfort, which is a significant aspect in complex neurocognitive experiments. Objective of the Study The study will compare the BEOS profile of individuals who have participated in an activity with that of the individuals who have only
July - September, 2012 117 The Indian Police Journal witnessed the same activity. The activity consisted of a set of specifically designed routine tasks which one participant was instructed to carry out. A second participant silently witnessed the activities of the first participant, with both of them inside the activity room. The Neuro Signature System equipment used to conduct the BEOS test allows differentiation between Experiential Knowledge responses elicited with Visual imageries components and motor imageries component. The probes presented are tagged to indicate their content namely visual or motor imageries though there are more tags. The EK will be identified to be present only if significant changes indicating the specific imageries coded in the probe is present in the collected BEOS data. Codes of “A”and “V” are used to indicate that the automatic analysis must look for changes indicating presence of motor and visual imageries respectively. The coding is done while entering the audio and orthographic details of the probes in the computer before presentation. Once the codes are entered and the probes are presented, the codes and the probes cannot be altered or deleted. Hypotheses The specific hypothesis tested related to the occurrence of EK responses to probes triggering visual or motor imageries are listed below: • Intentional participation in an activity produces significantly greater number of motor imageries during the remembrance of the same activity at a later occasion, compared to witnessing the same activity. • Witnessing an activity produces the same number of visual imageries as that produced by a participant in the same activity. Sample The sample consisted of participants who were randomly selected for the study, with authorization from the Forensic Laboratory. All participants in the Study were Adults, and were screened on a General Health Questionnaire and found to have no mental health related problems. After identification of a prospective participant, he was randomly assigned to the Experimental and Witness groups. A third group of participants formed the control group and the participants did not take part in the activity part of the study. They were only given the details of the activity carried out by the participants in
118 July - September, 2012 The Indian Police Journal the Experimental Group before the BEOS profile was carried out. However, only the results of Experimental and Witness Groups are discussed in the present paper. Forty Participants were selected for this study, with 19 participants in the Experimental Group, and 21 from the Witness group. Two people from the Experimental Group did not return for the BEOS test after performing the experimental study. The Study Each participant was requested to provide their informed consent in writing after they were selected for the study. A participant in the Experimental group was paired with a participant in the Witness group. The participant from the Experimental group was provided a printed instruction list, detailing what first set of activities were expected to be conducted. The participants from the Witness group were instructed to observe the participant from the Experimental group, and not read the instructions or perform any activity. A set of activities were specially designed as a Test and they were to be carried out in a specially arranged room in the Laboratory facility. The test was designed like a Treasure hunt, with the completion of the first task giving the participant instructions on what to do in their second task. A total of 5 such task groups were presented to the participant. The study required the subject to open a closed room, play a short numerical game, open number locks of cupboards using the set of number they received from numerical game, search for a doll inside the cupboards and pull out the key hanging from the nipple placed inside the mouth of a doll, pull out the nipple from the mouth of doll and also the hand of the doll to find out another keys to carry out task further. Search for some tools and using it to break beautiful flower pot for collecting the coins and other things kept inside the flowerpot, disposing off the broken pieces of flowerpot, locking the room and handing the key over to examiner. However, none of the components of the activities that the participant was expected to carry out was a simulation of a criminal act. The only unexpected item was finding a plastic doll in a box. Each participant was taken up for BEOS profiling 2 weeks after each completed his initial assessment and participated in the specially designed task. The probes were grouped in scenarios, each scenario consisting of probes referring to activities in a sequential manner and contextually specific
July - September, 2012 119 The Indian Police Journal to a particular event in the experimental situation. The probes were divided into 10 scenarios. The fist scenarios had neutral probes, which were not related to the simulation. They were meant for semantic processing and for the production of visual imageries. Scenarios 2 to 9 were probes sequentially designed about the various task and acts being used for the simulation. Scenario 10 had denial probes. More than 150 probes of which 56 were coded to trigger visual remembrance and 57 were coded to trigger remembrance of actions. Out of the 57 probes referring to actions, 31 probes were common to both and the remaining 26 were referred to actions specifically carried out by the participant in the experimental group alone. Each subject was presented first with a set of neutral probes, which did not refer to any specific experience and needed only semantic processing. BEOS Recording & Analysis The audio probes were recorded first in the NSS Visual and Auditory Stimulus Programming (VASP) system and were automatically presented to each subject while acquiring the BEOS data. The participant sat in a reclining chair with eyes closed while listening to the probes. The Brain Oscillations were acquired using 30 cephalic channels with linked electrodes in the ear lobes as common reference. Vertical and horizontal eye movements were recorded using 2 additional channels. The system has an online EEG analysis program which enables probe presentation only when the online EEG is within pre-defined limits indicating normal alertness in the subject. The BEOS recording was done using a high pass filter of 0.016 Hz and low pass filter of 100 Hz. The BEOS analysis consist of frequency and time domain based single trial statistical analysis of Brain Oscillations time locked to the probe. The entire frequency and time domain analysis and the single trial statistical analysis for all the probes are automatically carried out internally by the NSS system. The EK is identified in a stepwise manner using a cluster of analysis which measures processes viz., probe registration – attentiveness, encoding – fronto temporal changes in EEG oscillations – changes in alpha, beta and gamma activities, turning attention inward – changes in delta activity, accessing memory – changes in theta activity, presence of imageries - increase in fronto-central and fronto-posterior coherences, and time domain changes associated with remembrance (TIFAC-DFS Project Report 2008). Presence of EK was determined if all
120 July - September, 2012 The Indian Police Journal the independent analysis in the frequency and time domains produced statistically significant results. These details are not discussed here, as EK is identified and reported by the program automatically. The user has no role to play in the analysis. Coherence is often interpreted as a measure of “coupling” and as a measure of the functional association between two brain regions. Coherence is a sensitive measure that can reveal subtle aspects of the network dynamics of the brain which complement the data obtained by power spectral analyses.The NSS program infers the presence of visual and motor imageries if synchronized oscillations in the Gamma frequencies occur across frontal-central electrodes and frontal-posterior electrodes. Synchronized activity is measures using the coherence of phase relationship across these electrode configurations. Inter electrode Coherence is calculated across the preprobe baseline of 3 secs and two epoch segments of 3 sec each from the probe onset. The pre-probe baseline coherence is statistically compared with the subsequent coherence values and if the probe linked coherences values are significantly high, it is taken to indicate significant synchrony in phase in the Gamma activity across the two electrode regions on the brain. Significant increase in the coherence in the frontal-central electrodes is considered to indicate presence of motor imageries, and significant increase in the coherence of the frontal-posterior electrodes is considered to indicate the presence of visual imageries. The EK response will be adjudged to be present only if the type imageries specified in the probe ID is determined in the analysis by the NSS program (TIFAC- DFS Report) The current presentation is the preliminary results of the BEOS test carried out on a sample with 19 participants in the Experimental group and 21 participants in the Witness group to determine, if the two groups can be differentiated based on their participation in a set of activities in which one participant took active part and the other who accompanied the former witnessed his activities. This necessitated the witness to move around with the other participant in the experimental room. The “EK” response scores obtained in the BEOS profile in each group were divided into three categories viz., (1) based on the EK score with visual imageries, (2) based on EK scores with common action imageries, as the two participants of the experimental and witness groups moved around together in the experimental room, and (3) based on EK scores
July - September, 2012 121 The Indian Police Journal on probes which refer to actions carried out only on the participants in the experimental group. Results The BEOS analysis produced EK scores for each probe in each participant. The EK scores consisted of components of either visual or motor imageries as required in the code initially set. The EK responses with visual and motor imageries were separated for each subject, and then were compared between the Experimental and Witness groups. A visual imageries was considered present if the probe was to elicit remembrance of an object or a person, which was indicated by increased neural binding effects between frontal and posterior electrodes, indicated by significant increase in the coherence value between anterior and posterior electrodes. On the other hand a significant increase in the neural binding effect between frontal and central electrodes was considered to indicate presence of motor imageries. Comparisons of the mean EK scores in the two groups are given in the figure 1 and table 1 below. One way ANOVA between the two set of scores of the two groups show a significant difference only in the EK scores elicited by probes yielding specific motor imageries. Mean EK score of the Experimental with specific action imageries is almost twice that of the mean of the witness group. The two groups have not shown significant difference in the EK responses with common action imageries. Similarly there is no significant difference at all between the two groups in the mean EK scores shown with visual imageries. As expected remembrance of seeing the details in the witness group is as good as in the experimental.
Figure 1: Showing the Mean & SD of EK scores in the Experimental and Witness groups with probes triggering Visual Imageries.
122 July - September, 2012 The Indian Police Journal
Table 1: Showing the Mean and SD of Probes which have shown EK with Visual imageries
EK with Visual Imageries
Mean SD
EXP 7.0 3.3
WIT 7.0 3.1
Figure 2: Showing the Mean & SD of EK scores in the Experimental and Witness groups with probes triggering Common and Specific Motor Imageries.
Table 2: Showing the Mean and SD of Probes which have shown EK with Motor imageries. ANOVA showed significant difference between the means of EK scores with Specific Motor Imageries (P<0.01).
EK with Com- EK with mon Motor Specific Motor Imageries Imageries
Exp. Group Wit. Group Exp. Group Wit. Group Mean 3.3 2.9 9.7 4.9
SD 1.6 1.5 3.65 1.7 One way Analysis of Variance done between the two sets of EK scores with Specific Motor Imageries of the experimental and witness groups showed significant difference. There was no significant difference at all between the means of the EK scores of probes with common motor imageries of the two groups and two means were highly comparable.
July - September, 2012 123 The Indian Police Journal
Table 3: Showing list of most significant probes referring to Specific Acts and Number of Participants in the EXP Group with Specific Motor Imageries
Number of subjects with EK responses hav- No Probes ing Motor Imageries of Specific Actions 1 I opened them in search of further instructions 7 2 I opened the papers 7 3 I found another instruction list 7 4 I opened them in search of another instruction 7 5 I solved the puzzle 7 6 I opened the table drawer 6 7 Hit the flower pot with the hammer 8 8 I disposed them in the dustbin 6 9 I pulled the nipple to get the key 5 10 A lizard came out as I opened it 5 11 I picked up the black colored plastic bag 5 12 Quickly put the nipple back 5 13 I kept it with me as a gift 5
Discussion The purpose of the present study is to determine if BEOS profile can be used to differentiate between two groups of voluntary participants in an experimental study based on the Experiential Knowledge responses obtained in the BEOS profile. It was hypothesized that participants from the experimental group would produce motor imageries when they remember the actions carried out by them, which will be absent in those who witnessed the same activity. However both the types of participants will have similar visual imageries during remembrance. Remembrance of the various actions carried out was cued by verbal probes which were presented to each participant, while the electrical oscillations were recorded. Analysis of the electrical oscillations revealed if the participant produced visual and motor imageries when
124 July - September, 2012 The Indian Police Journal they heard the probes. The analysis identified the presence of EK only if several frequency and time domain related changes were significantly present in the oscillations. Presence of significant frequency related changes determined the presence of visual and motor imageries. Each probe was coded before presentation to elicit either visual or motor imageries. The EK was identified only if the specific change was present during the analysis of time locked epoch of electrical oscillations. Each probe referred to a specific component of activity which the participant in the experimental group carried out in the experimental situation. Each probe has a context within which it has a specific meaning. The probes were sequentially arranged and presented to each participant. The same probes were given to the participants in the experimental and witness groups, while recording the electrical oscillations. All the probes were relevant to the experimental participant, whereas they were not relevant to the witness, as they had only witnessed the activities carried out by the former. Presence of visual and motor imageries were decided based on the presence of EK responses in the analyses. The motor imageries were divided into two groups as common motor and specific type of motor imageries. Common motor imageries were applicable to both the type of participants as some of the probes referred to their common movement in the experimental room. Some of the motor imageries were specific to the experimental participant as the probes referred to his personal activities in the room, which was only witnessed by the other participant. One way ANOVA was applied between the EK scores of the two groups on each variable to determine if there was statistically significant difference between the two groups. The results clearly show that the two groups are highly comparable with respect to the visual imageries the participants have produced. Similarly, the two groups are comparable with regard to the presence of common motor imageries. As expected, there is indeed significant statistical difference between the groups on the EK scores with specific motor imageries. The experimental group has a significantly higher mean score on the specific motor imageries compared to the witness group. The statistical findings clearly support the hypotheses that the two groups will have no significant difference as far as visual imageries are concerned whereas the two groups significantly differ with regard to motor imageries indicating remembrance to specific activities carried out by only one participant in each experiment. The probes
July - September, 2012 125 The Indian Police Journal in Table 1 shows the probes which have elicited EK scores in the Experimental group alone, though the number of subjects who have shown those specific motor imageries are not very large, despite the group means are significantly different. Each of these probes refer to a specific activity participated by the experimental participant. This type of differences between the probe triggered effects between two persons may be extremely useful for differentiating perpetrator of a crime from witnesses. Ability to recreate imageries of the original experiences is an important indicator of remembrance and for its personal validation. Absence of imageries during remembrance indicates that the thoughts recreated may be mere confabulations (Conway et al. 2003), even if the person is emotionally affected. This has been supported by other forms of neuroimaging studied, looking for the presence of imageries have become important indicator of the truthfulness of the narration of traumatic experiences. However, in the present study, the experiences are not emotionally significant to the individual, except that the participant has carried out these activities in a forensic laboratory. Normally one does not remember at all routine experiences of life unless they have personal significance to the individual. Despite this, the probes have elicited significant number of EK responses using probes referring to such routine activities, except that the remembrance exercise (BEOS recording) has been conducted within 2 – 3 weeks after the experiment. In the forensic scenarios, the crimes committed would have much greater personal and emotional significance to the perpetrator as well as witnesses, if any present. This aspect of BEOS therefore may be a very useful indicator for identifying a perpetrator as well as a witness. It would be also possible to differentiate the different roles played by individuals and perpetrators, using similar outcome effects of BEOS profile, if there are more than one person involved in a crime. Summary The study aimed to compare two groups (Experimental Group and Witness group) by eliciting Experiential Knowledge in simulated condition using BEOS profiling. The Experimental group’s participants were asked to perform a set of tasks as mentioned in an instruction list provided. However, Witness group participants were asked to merely witness the execution of tasks by experimental group participants. After 2-3 weeks time lag participants of both the groups were called for
126 July - September, 2012 The Indian Police Journal
BEOS Profiling. The findings support that BEOS profile can differentiate a person, who has carried out an act, from a person who has only witnessed the act, a distinction important for differentiating a crime perpetrator from a witness in crime investigation. While both groups showed equal EK for probes refering to visual imageries, only the Experimental group produced significantly greater number of EK for specific motor imageries.
References 1. Aggleton, J.P. & Brown, M.W. (1999) Episodic memory, amnesia, and the hippocampalanterior thalamic axis. Behavior & Brain Sciences. 22, 425-444. 2. Cabeza R, Prince SE, Daselaar SM, Greenberg DL, Budde M, Dolcos F, et al. (2004). Brain activity during episodic retrieval of autobiographical and laboratory events: an fMRI study using a novel photo paradigm. Journal of Cognitive Neuroscience. 16(9),1583-1594. 3. Conway, M.A., Pleydell-Pearce, C.W., Whitecross, S.E. & Sharpe, H. (2003) Neurophysiological correlates of memory for experienced and imagined events. Neuropsychologia.41(3), 334-340. 4. Cinel, C., Humphreys, G. & Poli, R. (2002) Cross-modal illusory conjunctions between vision and touch. Journal of Experimental Psychology: Human Perception and Performance, 28 (5), 1243-1266. 5. Cycowicz, Y. M., Friedman, D., Rothstein, M. & Snodgrass, J. G. (1997) Picture naming by young children: norms for name agreement, familiarity, and visual complexity. Journal of Experimental Child Psychology, 65, 171-137. 6. Cycowicz, Y. M., Friedman, D., Snodgrass, J.G. & Duff, M. (2001) Recognition and source memory for pictures in children and adults. Neuropsychologia. 39(3), 255-267. 7. Evans, J.J., Heggs, A.J., Antoun, N. & Hodges, J.R. (1995) Progressive prosopagnosia associated with selective right temporal lobe atrophy. A new syndrome? Brain. 118, 1-13. 8. Fletcher P.C. & Henson R.N. (2001) Frontal lobes and human memory: insights from functional neuroimaging. Brain. 124,849-881. 9. Graham, K.S., Lee, A.C., Brett, M., Patterson, K. (2003) The neural basis of autobiographical and semantic memory: new evidence from three PET studies. Cognitive, Affective & Behavioral Neuroscience, 3, 234-254. 10. Giloba, A., Winocur, G., Grady, C.L., Hevenor, S.J. & Moscovitch, M. (2004) Remembering our past: functional neuroanatomy of recollection of recent and very remote personal events. Cerebral Cortex. 14(11),1214- 1225.
July - September, 2012 127 The Indian Police Journal
11. Harris, D.M. & Kay, J. (1995) I recognize your face but I can’t remember your name: is it because names are unique? British Journal of Psychology. 86,345-358. 12. Hicks, J. L. & Marsh, R. L. (2001) False recognition occurs more frequently during source recognition than during old-new recognition. Journal of Experimental Psychology: Learning, Memory and Cognition. 27, 375- 383. 13. Jones, T. C., Jacoby, L. L. & Gellis, L. (2001) Cross-modal feature and conjunction errors in recognition memory. Journal of Memory and Language. 44, 131-152. 14. Luu, P. & Posner, M.I. (2003) Anterior cingulate cortex regulation of sympathetic activity. Brain. 126, 2119-2120. 15. Marsh, R. L., Hicks, J. L. & Taylor, T. D. (2002) Source monitoring does not alleviate (and may exacerbate) the occurrence of memory conjunction errors. Journal of Memory and Language, 47(2), 315-26. 16. Markowitsch, H.J., Vandekerckhove, M.M., Lanfermann, H. & Russ, M.O. (2003) Engagement of lateral and medial prefrontal areas in the ecphory of sad and happy 17. autobiographical memories. Cortex. 39(4-5),643-665. 18. Mukundan, C.R. (2011). Scientific methods of extraction of information from suspects: An analysis of current trends. Indian Journal of Clinical Psychology, 38:2,129 – 140. 19. Mukundan, C.R. (2010). Reading from memory: a paradigm shift for deception detection in investigative psychology. Amity Journal of Applied Psychology. 1 (1), 24-34. 20. Mukundan, C.R. (2008a) BEOS Profiling in Crime Investigation. Abstract, the Annual Conference of Division of Forensic Psychology, British Psychological Society, June 24 – 26, Edinburgh, UK. 21. Mukundan, C.R. (2008b) Brain Electrical Oscillations Signature Profiling for Crime Investigation. In V. Veeraraghavan (Ed.) Handbook of Forensic Psychology, Selective & Scientific Books. New Delhi, 123–146. 22. Mukundan, C.R. (2007) Brian Signature Profiling for Crime Detection. In: Krian Rao, Indira Jai Prakas, Srinivasan K. (Eds.) Mindscapes: Global Perspectives on Psychology in Mental Health. NIMHANS Publication, 282 – 97. 23. Mukundan, C.R. (2006) Fundamentals of Neuropsychology, Manual for Trainees in Neuro Signature and Polygraph Techniques, Axxonet Solutions, Bangalore
128 July - September, 2012 The Indian Police Journal
24. Nyberg, L., McIntosh, A.R., Cabeza, R., Habib, R., Houle, S. & Tulving, E. (1996) General and specific brain regions involved in encoding and retrieval of events: what, where, and when. Proceedings of National Academy of Science, U.S.A. 93, 11280-11285. 25. Naghavi, H.R. & Nyberg L. (2005) Common fronto-parietal activity in attention, memory, and consciousness: shared demands on integration? Consciousness & Cognition. 14(2):390- 325. 26. Reinkemeier, M., Markowitsch, H.J., Rauch, M. & Kessler, J. (1997) Differential impairments in recalling people’s names: a case study in search of neuroanatomical correlates.Neuropsychologia, 35, 677-684. 27. Smith, E.E., Jonides, J. (1999) Storage and executive processes in the frontal lobes. Science, 283, 1657−1661. 28. Steinvorth, S., Corkin, S. & Halgren, E. (2006) Ecphory of autobiographical memories: an fMRI study of recent and remote memory retrieval. Neuroimage. 30(1), 285-298. 29. TIFAC-DFS Project Report (2008) Report of TIFAC-DFS Project on Normative Data for Brain Electrical Activation Profiling Research project conducted at Directorate of Forensic Sciences, Gandhinagar, Gujrat. Technology information Forecasting & Assessment Council (TIFAC), New Delhi. 30. Tulving, E., Kapur, S., Markowitsch, H.J., Craik, F.I.M., Habib, R., & Houle, S. (1994) Neuroanatomical correlates of retrieval in episodic memory: auditory sentence recognition. Proceedings of National Academy of Science, U.S.A. 91, 2012-2015. 31. Tulving E. (1987) Multiple memory systems and consciousness. Human Neurobiology. 6, 67-80. 32. Troyer, A.K. & Craik, F.I. (2000) The effect of divided attention on memory for items and their context. Canadian Journal of Experimental Psychology. 54(3), 161-171. 33. Turriziani, P., Carlesimo, G.A., Perri, R., Tomaiuolo, F. & Caltagirone C. (2003) Loss of spatial learning in a patient with topographical disorientation in new environments. Jounral of Neurology, Neurosurgery & Psychiatry. 74(1),61-69. 34. Umeda, S., Akine, Y., Kato, M., Muramatsu, T., Mimura, M., Kandatsu S, et al. (2005) Functional network in the prefrontal cortex during episodic memory retrieval. Neuroimage. 26(3), 932-940. 35. Vandekerckhove, M.M., Markowitsch, H.J., Mertens, M. & Woermann, F.G. (2005) Bihemispheric engagement in the retrieval of autobiographical episodes. Behavioral Neurology. 16(4), 203-210.
July - September, 2012 129 Safe Routes to School (SRTS)
M.A. Saleem*, IPS
Keywords Safe Routes, Traffic, Congestion, Road Accidents, School Children Abstract In order to reduce traffic congestion around schools and to ensure greater safety to schoolchildren, Bangalore Traffic Police, in association with Global Road Safety Partnership (GRSP), envisaged a new programme called as Safe Routes to School in the year 2005.
Introduction HE city of Bangalore has been growing at a rapid pace since the establishment of Silicon Park. The population in the Bangalore Turban region has increased from a mere 29 lakh in 1981 to 80 lakh plus in the year 2005. Vehicle population, which was around 3 lakh, has witnessed a phenomenal growth and at present, the number of vehicle registered in Bangalore city is a staggering 26.5 lakh. This phenomenal growth has resulted in capacity problem on city roads which, in turn, has led to traffic congestion, increase in journey time, pollution and steady increase in road crashes. Among the road users, the worst sufferers are schoolchildren, who are faced with the problem of unsafe modes of transport and increased journey time. Since, the office and school timings were common, the city witnessed traffic jams during peak hours, especially in central areas. Added to this, increased road accidents, involving schoolchildren led to violence and unrest on roads.
Author Intro. : * Director (Security & Vigilance), Karnataka State Road Transport Corporation.
130 July - September, 2012 The Indian Police Journal
In order to reduce traffic congestion around schools and to ensure greater safety to schoolchildren, Bangalore Traffic Police, in association with Global Road Safety Partnership (GRSP), envisaged a new programme called as Safe Routes to School in the year 2005. The Scenerio Children travel to school using different modes of transport depending on their social background. There are 3,538 schools in Bangalore city with a student population of around 11 lakh. A preliminary survey conducted by Traffic Police indicate that 37% of schoolchildren walk to their respective schools, 34% use public transport, 16% use private vehicles and 13% travel by bicycles. The following graph illustrates the mode of transport used by schoolchildren in Bangalore:
Figure 1
Majority of the schoolchildren, who travel in private vehicles, go to the central areas where prestigious schools are located. Usage of private vehicle for schoolchildren account for 20-25% of morning traffic as parents drive their children to school. As a result, traffic congestion has increased around school, the schools prompting more parents to drive their children to school. The use of unsafe private modes of transport along with auto rickshaws also contribute enormously to road accidents involving schoolchildren.
July - September, 2012 131 The Indian Police Journal
The number of schoolchildren killed and injured for 3 years up to the year 2005 is given in Table 1 below: Table 1
2001 2002 2003 2004 2005 2006 0-6 years 24 18 23 25 31 16 7-18 years 61 51 67 67 56 41
The following Pie Chart provides vehicle-wise fatal accidents involving schoolchildren:
Figure 2
The above Pie Diagram shows that 49% of accidents involving schoolchildren are due to personalized vehicles, such as two-wheelers and cars. The Intervention Safe Routes to School is a local community based road safety programme for the schools managed by Government as well as private schools. The Bangalore City Traffic Police in association with other agencies, such as Bangalore Mahanagara Palike and Bangalore Metropolitan Transport Corporation decided to draw the plan using scientific methods. The main aim of this programme is to reduce the incidence and severity of the road crashes, involving schoolchildren and reduce the traffic congestion around schools in the central area. The intervention has to be different for private and Government schools owing to the difference in the availability of infrastructure, strength of school, mode of travel and socio-economic condition.
132 July - September, 2012 The Indian Police Journal
The Objectives The objectives of the Safe Routes to Schools programme are as follows: l To establish a partnership between local authorities and school communities, including teachers and parents, in implementing a multi-action road safety intervention programme for children. l To identify the specific road safety problems for children along major routes in the local area used by children to travel to and from school. l To develop, implement, maintain and evaluate appropriate education, engineering, encouragement and enforcement interventions that address the road safety problems for children. l To raise awareness among people in the local community about road safety. l To encourage children to travel to schools using the safest routes. l To consider change in timing of schools so as to stagger the morning and evening peak hours. The Approach The approach adopted for this programme: l A partnership initiative bringing in the best practices from around the world. International agencies, such as Global Road Safety Partnership (GRSP) were involved to share their experience of school traffic management in the West. Transport Training Institute and Consultancy (TTIC), a Bangalore-based IT solution organization, was involved in collection and interpretation of statistical data. l Multi-agency involvement: The Bangalore Mahanagara Palike, Bangalore Metropolitan Transport Corporation and Department of Education, Government of Karnataka were involved in formulating and implementing key policies, such as staggering of school timing and use of public modes of transport. l Public-private partnership approach: The school management were involved in collection of data relating to different modes of transport used by schoolchildren and to bring desirable changes with the cooperation of parent-teacher associations.
July - September, 2012 133 The Indian Police Journal l The scientific approach, such as: Educational approach by teaching students the importance of safety skills and launching of drivers’ safety skills programmes. The Engineering approach focusing on creating physical improvements in the infrastructure surrounding the schools, controlling the speed and establishing safer crosswalks and pathways. The Enforcement approach to strictly enforce traffic laws and to ensure compliance by drivers. The Survey In order to collect information about school traffic, two different questionnaires were prepared, one for the Government schools and another for the private schools. In the questionnaire sent to Government schools, information sought was basically on the location of the school, the total number of students in each class, details of the school timing for primary, secondary and high school, pattern of travel, the number of students using various modes of transport and routes. This information was collected through respective Block Education Officers from 565 Government schools. Another questionnaire which was sent to private schools sought information regarding location of the school, strength of the school in each category, such as primary, secondary and high school, details of school timings in each category, the pattern of travel and number of students using various modes of transport and routes. Information was collected from 303 private schools directly from the school management. The major findings of the survey are: l Majority of the children in Government schools are pedestrians as they walk from home to school. l Majority of the schoolchildren going to private schools in central areas use private mode of transport. l The traffic congestion is the worst around central area as parents bring their own vehicles to drop and pick up their children. l Majority of the schools do not have space for parking inside the school.
134 July - September, 2012 The Indian Police Journal l The two-wheelers and auto-rickshaws are the most unsafe modes of transport. Auto- rickshaws ply more children than the stipulated capacity. l Only a few schools have their own transport fleet. l Most schools favoured change in school timings. l Many school authorities complained about lack of adequate safety environment around schools. Survey on Change in School Timings
• Public Response • School Response Yes – 78%, No – 22% Yes – 20%, No – 80% Figure 3
Cumulative Response by Public and Schools
Figure 4
July - September, 2012 135 The Indian Police Journal
After the preliminary survey in 565 Government and 303 private management schools, a detailed survey was conducted in 16 schools, which are located in the central area known for worst traffic congestion. (A sample questionnaire is attached Annexure–I) The schools are as follows:
1. Bishop Cotton Boys’ High School 9. Frank Anthony Public School
2. Bishop Cotton Girls’ High School 10. St. Meeras High School
3. Baldwin Boys’ High School 11. National Public School
4. Baldwin Girls’ High School 12. St. Johns High School
5. Sophia Girls’ High School 13. St. Charles High School
6. Kendriya Vidyalaya 14. St. Germans Boys’ High School
7. Cathedral High School 15. St. Francis Xavier Girls’ high School
8. Sacred Heart Boys’ School 16. Good Shepherd Convent
A joint team comprising 3 members was formed to visit all these schools and obtain first-hand information about the problems prevailing around the schools. Another questionnaire was used to capture a detailed information about travel pattern of the students and local observations for individual schools.
Travel Pattern of Bishop Cotton Girls’ High School
Figure 5
136 July - September, 2012 The Indian Police Journal
Travel Pattern of Baldwin Boys’ High School
Figure 6
The problem identification process consisted of Travel Survey undertaken to identify the way the students travel to and from school, the major routes used to and from school, and road safety problems that exist along these routes. A local observation survey is needed to study the vicinity of the school and identify the critical problems in engineering terms. Photographs were taken to study the problems existing in and around the school. The Topographic survey was undertaken to map all the existing features prevailing at any given school and to know the extent of space availability for planning of interventions. After the Topographic survey had been completed, existing site maps of each of the above-mentioned schools were developed. Based on the availability of land within school, the schools were subdivided as : l Schools with Land l Schools without Land Features of the Plan for School with Land are: (i) Traffic Management. (ii) Traffic Regulation. (iii) Circulation of Traffic. (iv) Off-Street Parking.
July - September, 2012 137 The Indian Police Journal
(v) Medians. (vi) Signage. (vii) Regulatory Signs. (viii) Informatory Signs. (ix) Road Humps. (x) Road Crossings. (xi) Barricading. (xii) Footpath Upgradation.
Figure 7
Features of the Plan for School without Land are: (i) Traffic Management. (ii) Traffic Regulation. (iii) Circulation of Traffic. (iv) On-Street Parking. (v) Raised Platform. (vi) Signage. (vii) Regulatory Signs. (viii) Informatory Signs. (ix) Road Crossings. (x) Barricading. (xi) Footpath Upgradation.
138 July - September, 2012 The Indian Police Journal
Figure 8
The recommended Action Plan was developed as a concerted effort and would address the four key components: l Education: A comprehensive road safety education programme dealing with crossing the roads, walking on footpath, walking along the roads and the issues that address the specific needs of the students. l Engineering: Improvements to the local traffic environment, which will improve the safety for students as pedestrians, bus commuters, two-wheeler riders, etc. l Encouragement: For parents to reinforce key safety messages to their children. l Enforcement: To address the illegal and unsafe behaviour. Individual plans are developed based on information obtained from these schools. Basically, the plans developed within school, must provide for the safe alighting and boarding of students into the vehicles and create separate entry points to streamline vehicular traffic and provide pedestrian facilities around the school campus. Allow the vehicles into the school as per the plan Request letter to the parents. Raising awareness levels for the schoolchildren and monitoring the plan and giving adequate feedback to the school authorities.
July - September, 2012 139 The Indian Police Journal
The Action Plan After a careful analysis of the survey findings, the following Action Plan was developed: (i) Staggering of school timings: It was decided to change the school timings so as to ensure that school timings should not clash with regular office hours. It was recommended to start all schools before 8:30 am and to close before 3:30 pm. (ii) Usage of public transport: Usage of public mode of transport was recommended as the ideal mode to ensure safety and also to achieve decongestion. (iii) Engineering: Overall improvements in the local traffic environment to improve safety for students as pedestrians and as bus commuters. (iv) Education: Comprehensive Road Safety Education Programme for schoolchildren under the umbrella of Student’s Association for Road Safety (SARS). (v) Enforcement: This is basically to deal with illegal and unsafe behaviour of drivers of school vehicles and others to ensure maximum compliance of traffic laws. Implementation of Safe Routes to School (SRTS) Safe Routes to School project was launched in the month of April 2005. The Bangalore City Traffic Task Force took keen interest in the project and a series of meetings were held, involving the main stakeholders, i.e. Bangalore Traffic Police, Education Department, Bangalore Mahanagara Palike and Bangalore Metropolitan Transport Corporation. Education Department, after holding meetings with the school management, issued the following two notifications to stagger school timings and encourage public mode of transport: 1. GO No. ED 52 PMA 2005, dated 25-4-2005. 2. GO No. ED 52 PMA 2005, dated 27-5-2005. In order to implement the Education Department circular for usage of public mode of transport, the Bangalore Traffic Police through a notification imposed ban on parking of all the private vehicles around the 16 identified schools in the central area.
140 July - September, 2012 The Indian Police Journal
Apart from mandatory notifications, meetings of parent-teacher associations were also held in each school of central area, wherein Senior Police Officers, Bangalore Metropolitan Transport Corporation officials and Bangalore Mahanagara Palike Engineers participated. In these meetings, efforts were made to convince parents regarding traffic decongestion and usage of public transport. Bangalore Metropolitan Transport Corporation introduced school- specific buses at a concessional rate and even deployed lady conductors for these buses. Evaluation of Safe Routes to School After initial protests and resentment, the Safe Routes to School was finally implemented in the month of July, 2005. It was ensured that all schools other than Government schools start before 8:30 am and close before 3:30 pm. Bangalore Metropolitan Transport Corporation introduced 207 school-specific buses for central area schools, where police banned parking of private vehicles during school opening and closing hours. Many schools purchased new buses and started their own transport fleet. In some schools where the space was available vehicles were allowed inside and parking facility was provided for car pool vehicles. Traffic congestion was reduced by 20-25% in the central area in the morning and evening peak hours. The density of the traffic on the following roads before and after the implementation is as follows: Table 2 Sl. Before Implementation After Implmentation Name of the Road No. (PCUs) (PCUs) 1. Residency Road 8240 7640 2. Richmond Road 8004 6960 3. Victoria Road 7829 7250 4. Palace Road 6954 6540 5. Hosur Road 12420 12240 6. St. John’s Church Road 4560 4120 7. Cambridge Road 3200 2930 8. Museum Road 3900 3120 9. St. Marks Road 2460 1968
July - September, 2012 141 The Indian Police Journal
The implementation of this programme also resulted in greater safety for schoolchildren. The following Table 3 illustrates number of schoolchildren killed in the first 6 months of the year 2006 when compared with the figures of 2005: Table 3
Sl. Year 2005 Year 2006 Month No. 0-6 Years 7-18 Years 0-6 Years 7-18 Years 1. January 2 7 3 2 2. Febuary 5 6 -- 2 3. March 2 5 2 3 4. April 1 4 2 4 5. May 3 3 -- 5 6. June 3 4 -- 2 Total 16 29 7 18
Conclusion The success of Safe Routes to School Programme lies in the team work. Nothing can be achieved in isolation. This type of programmes will give an opportunity for law enforcing authorities to work closely in association with community and other Governmental and Non- Governmental Organizations and also involving the active participation of parents, students and school management. This has set an example as to how traffic decongestion can be achieved by integrating Education, Engineering and Enforcement activities. Further, there is a need to study and plan for implementation of similar type of programmes in the areas, which are prone to traffic congestion in the ensuing years. “Let us join hands and lead the way for better, safer roads for the children of today and leaders of tomorrow.”
142 July - September, 2012 Seizure of Digital Equipment
P. Vinod Bhattathiripad*
Keywords Cyber Forensics, Digital Forensics, Digital Evidence, Seizure Abstract Abuse of digital equipments leaves behind digital evidence, which is the information of probative value stored or transmitted in digital form. Digital evidence lies in the memory device of the digital equipment and so, the digital evidence requires seizure of the suspected digital equipment. Seizure of the suspected digital equipment, often in the form of de-linking and seizing the memory device within the suspected digital equipment, is generally done through a raid on the suspected incident scene of the case. The objective of this article is to discuss various problems and issues involved in the post-seizure handling of the digital equipment, including de-linking of the memory device and returning the original database and software. The various issues appear to suggest that seizing the entire equipment is a safer, surer and more economical way of not just preserving the evidence, but perhaps more important, making the analysis of the evidence procedurally less cumbersome for the expert. The author’s contention here is that although the return of seized material either in part or full may be dictated by the exigencies of the situation (e.g., Office space, rights of the client, etc.), such return can seriously impair the evaluation of the evidence and so, defeat the purpose of the seizure. Introduction ATE twentieth century witnessed a paradigm shift from analog to digital machines by the introduction of electronic transistor and Lthe machines. As a result, the world has changed from analog Author Intro. : * Consulting Cyber Forensic Engineer, Polpaya Mana, Thiruthiyad, Calicut - 673 004, Kerala, India. E-mail: [email protected]
July - September, 2012 143 The Indian Police Journal to digital. As a knock-on effect of this digital revolution, any digital equipment is prone to widespread abuse, which has given rise to criminal suits against digital or cyber criminals.
Although, the computer reigns supreme in the digital domain, it is not the only digital device. An entire constellation of audio, video, communications, medical and photographic devices have also been made digital, to work closely associated with the computer. Criminals abuse not only computers, but also all kinds of digital equipment and because of this, Law Enforcement Agencies have to cope with, technically and legally, abuse of all sorts of digital equipment, including of computers. Digital Evidence: Background Abuse of digital equipments leaves behind digital evidence, which is the information of probative value stored or transmitted in digital form.1 The legal need to access such digital evidence has made countries amend their existing evidence acts/laws to incorporate digital evidence into the legal system. For example, the US had done it way back in February 1998 by forming the Scientific Working Group on Digital Evidence (SWGDE) through a collaborative effort of the Federal Crime Laboratory Directors. SWGDE (in their capacity as the US-based component of standardization efforts conducted by the International Organization on Computer Evidence (lOCE)) was charged with the development of cross-disciplinary guidelines and standards for the recovery, preservation, and examination of digital evidence, including audio, imaging and electronic devices. The US Law Enforcement Agencies later adopted the standards, which was proposed by SWGDE and presented at the International Hi-Tech Crime and Forensics Conference (lHCFC) held in London, United Kingdom, October 4-7, 1999 and this proposal covers the establishment of standards for the exchange of digital evidence between Sovereign Nations and is intended to elicit constructive discussion regarding digital evidence.
Several other countries have also worked along these lines to set standards on digital evidence. Moreover, the G-8 Nations commissioned an initiative for the set of proposed international principles for digital evidence. The standards state that actions taken in seizing digital evidence should not change the evidence, that any person accessing
144 July - September, 2012 The Indian Police Journal the evidence should be forensically competent, and that all actions in regard to the evidence should be fully documented.2
From the above, it is clear that knowledge of even the rudimentary rules governing the collection, preservation, and safeguarding of digital evidence is critical3 for the officials who conduct raids. As digital evidence is extremely fragile, a change of a single bit in a megabyte file can radically alter implications, meaning, or outcomes. While operating systems generally track changes to some extent (example, data and time of the last change happened in the file), it is quite possible to alter data without leaving any trace that a modification has been made. Therefore, it is vitally important, in terms of admissibility, to be able to prove that from the raid to the final analysis, no one has made any changes to the digital evidence.2
Digital evidence lies in the memory device of the digital equipment and so, seizure of digital evidence requires seizure of the suspected digital equipment. Seizure of the suspected digital equipment, often in the form of de-linking and seizing the memory device within the suspected digital equipment, is generally done through a raid in the suspected incident scene of the case. The objective of this article is to discuss various problems and issues involved in the post-seizure handling of the digital equipment, including de-linking of the memory device and returning the original database and software. The various issues appear to suggest that seizing the entire equipment is a safer, surer and more economical way of not just preserving the evidence, but perhaps more important, making the analysis of the evidence procedurally less cumbersome for the expert. The author’s contention here is that although the return of seized material either in part or full may be dictated by the exigencies of the situation (e.g., Office space, rights of the client, etc.), such return can seriously impair the evaluation of the evidence and so, defeat the purpose of the seizure. Digital Seizure : Some Precautions Thus, officials who conduct raids should not only be aware that different digital equipment require different ways of seizure, but also bear in mind that the seizure should be done in such a way that the Evaluating Officers can properly and easily dig out criminal data out of the seized digital equipment later. For instance, while conducting a
July - September, 2012 145 The Indian Police Journal raid for seizing criminal digital data that lies in a computer, it is always advisable to seize the CPU (the box that contains the motherboard, hard disks, other drives and ports) of the suspect computer as such instead of seizing the suspect hard disk alone. There may well appear to be good reasons for seizing just the hard disk alone. For instance, a hard disk is smaller in size than the CPU and, therefore, keeping a hard disk in safe custody, is easier than keeping the entire CPU. As most raids end up seizing large number of computers to be kept safe and secure in the office of the Law Enforcement Agency, it makes more sense to save space by seizing a smaller sized hard disk. However, disadvantages of seizing the hard disk by itself without the CPU, outweigh all advantages of space and transport expenses.
A hard disk will work as a boot disc if it is connected only to the right computer with the right motherboard and drivers. There is high possibility that the seized hard disk will not work if it is connected to a computer that works on a different motherboard. Neither the Computer Specialist nor the Evaluating Officers may be able to find a perfectly matching computer (with exactly similar motherboard and drivers). Even if a near-match could be found, it may be time-consuming to work on the computer in order to perfectly accommodate the hard disk as it requires collecting and installing the right kind of drivers. Perfectly matching motherboards and drivers are difficult to find unless the Evaluating office keeps a complete set of software packages, drivers, tools, PCBs (including motherboards) and cables or has access to help from a dependable computer hardware maintenance establishment. While Cyber Forensic Laboratories like the Cyber Forensic Division of Centre for Development of Advanced Computing (CDAC, India) or Cyber Cell of Police keep a near-complete set of software packages, drivers, tools, PCBs (including motherboards) and cables and hence, can afford to return the CPU to the client (the alleged criminal), the local police or organizations like Income Tax Department, often lack well-equipped cyber cells in their local offices and often cannot afford to return the CPU after de-linking the hard disk. As most establishments belong to the latter group, the seizure procedures should be sensitive to this.
Seizing the CPU as such rather than the hard disk alone is particularly important. There is the chance that the officers may feel that the CPU may,
146 July - September, 2012 The Indian Police Journal if necessary, be re-demanded during the subsequent evaluation of the hard disk. But, in reality, the involved establishment (the establishment that was raided) or the alleged criminal may intentionally destroy the CPU or conceal the CPU from the Evaluating officials, in order to ensure that the seized hard disk cannot be successfully analyzed. Moreover, every few years, the client may replace old computers with a new one, which also makes the original CPU unavailable for evaluation of incriminating data. Also, as years pass on, the difficulty of getting the compatible computer increases.
In some cases, the officials might seize the CPU as such, but return it after de-linking the hard disk from it immediately or after the first round of evaluation of the hard disk. However, the author has found that it is desirable to retain the CPU until the analysis is complete and the case file is closed. A case file need not be closed at the first level of evaluation and decision-making. Any decision at the lower level is likely to be challenged by the suspected criminal in the higher court or tribunal or is likely to be elevated to the higher levels of decision- making (say, in Income Tax Department). In such cases, the higher court (or higher level decision-making body) may summon/call upon another Cyber Forensic Expert for their opinion after a further in-depth analysis of the digital data. In such case, the entire hard disk will have to be re-evaluated right from the beginning, which also requires a compatible CPU. Elevation of the case to next higher level can happen at any point of time and there are instances of cases running into several years and so before the final closure of the case file, it is advisable not to return the CPU to the client establishment after de-linking the hard disk from it.
Current practice generally involves returning at some stage before the investigation is complete, the seized materials either in part or full after taking back-up copies of database and software. Even so, holding onto the seized original database is always advised. Every database has a transaction log attached to it (as a hidden file), which provides strong digital evidence to prove every activity performed in it, including illegal activity. The transaction log may shed more light into the criminal data (digital data pertaining to the crime) and may help the Evaluating Officers to better unearth digital evidence. Retaining back up alone loses this valuable piece of evidence as the transaction log file will not
July - September, 2012 147 The Indian Police Journal be backed up, and so, the act of seizing the back-up copy of database (or returning the seized original database after taking its back-up) is tantamount to an act of discarding valuable digital evidence. For instance, if such an act is performed by an Income Tax official, he/she is intentionally or unintentionally depriving the Evaluating Officer of a basis for establishing tax evasion instances (technically, the database editing instances) performed by the alleged culprit and thus, keeping the back-up alone defeats the whole purpose of the seizure.
The above does not mean that the officials conducting the raid need not seize the back-up copy of the suspected database (if existing at the time of seizure) along with the original database. Back-up of the database (in any back-up media, including CDs) performed by the alleged culprit provides evidence of various unedited, or intentionally (partially/fully) edited figures. This is also equally important for Evaluating Officers in investigating and establishing of crime. Limitations of Back-up Copy Returning the CPU and the hard disk after backing up of the software is also not advisable. A software will work only from the hard disk in which it was properly installed and, most probably, only from the computer in which this hard disk is a boot disk. Proper installation of software includes not only installation of the executable code, but also installation of the necessary drivers and library files in order to smoothly execute the executable code. While taking back-up of installed software, the executable code could be backed up, but the connected drivers and library files positioned in various other folders may not be properly backed up. A back-up copy of this software may not work properly, if it is installed in another disk. For instance, the back-up copy of Tally (a popular inventory and financial accounting software in India) may not work properly, if installed in the Evaluator’s hard disk. So, it is always advisable not to treat backed-up software as a functional substitute tor the original.
In order to ensure the safety of the properly seized digital data, the Evaluating Officers too are advised to take some procedural safeguards. Working on the original database is not advisable, because by doing so, there is a risk of corrupting the original data, which may amount to irrecoverable loss of data. The Evaluating Officers should always ensure
148 July - September, 2012 The Indian Police Journal that a certified disk back-up (bit-by-bit back-up and not an ordinary back-up) is properly and procedurally done onto a brand new, empty hard disk and should work only on the back-up disk. Unlike ordinary back-up process, the procedural disk back-up process properly takes bit-by-bit information from the source hard disk and copies it onto the target hard disk and so, all hidden files (including transaction log files and FAT) are properly backed up. In order to ensure perfect back-up, it is always advisable that this process be carried out and the resultant back-up copy be certified by a Competent Cyber Forensic Agency (like CDAC).4 In case the digital evidence is a message received in a mobile phone, it is advisable that the content of the entire set of messages in its Inbox, Outbox & Sent Items folders be primed and certified by a competent agency, like CDAC.5 Proper Legality of Digital Endence This act of working on the back-up disk protects the original data from any possible damage that might ensue because of the Evaluating Officer tampering with it. Not all Cyber Forensic Cells of Police, Law Enforcement Agencies and local offices of Income Tax Departments for instance, may be equipped with special devices and software for procedural back-up of the disk and thus, the Evaluating officials attached to such offices may be forced to work on the original database. In such cases, special care should be taken by the Evaluating officials to ensure that the original data is not tampered with during evaluation. Further, the act of working on original database may attract legal complication in the future as it leaves the expert open to accusations of interfering with the data, and possible litigations under various sections of the Information Technology Acts and Penal Code of the respective country.
In order to avoid all such legal complications, the officials conducting the raid and the officials evaluating the data should implement the proper and legal way of dealing with the digital evidence. For instance, upon seizure of the computer CPU, the hard disk should be hashed and the hash value should be documented. Hashing is a technique of electronicaIly (mathematicaIly) sealing the hard disk. The Evaluating officials, before working on the hashed hard disk, should ensure that the hash value found in the computer matches with the hash value documented by the Search Officers and countersigned
July - September, 2012 149 The Indian Police Journal by the authorized representative of the concerned establishment. If these two hash values don’t match each other, the Evaluating Officers can suspect an intentional effort to tamper the data in the seized hard disk in-between the seizure of the computer and the hard disk data evaluation. Although, the process of hashing is time-consuming (say, 3 to 12 hours or even more, mostly during business hours), and may cause inconvenience to the clients of the concerned establishment6, it is essential in order to avoid the evidence from being tampered with. After the seizure of the CPU and before the official evaluation of the data, if the data is in any way tampered with, the hash value of the hard disk will automatically change, and this will be revealed to the Evaluating Officers during their integration-checking procedure. Hard disk hashing is legally valid and any illegal attempt to change the hash value of the seized hard disk is in violation of the law. Hard disk hashing should be done only in the presence of the concerned establishment’s authorized person and by using standard hashing software, for example, the TRUEBACK software of CDAC, Government of India. In case the officials conducting the raid lack the technical skill to hash the hard disk, any other legally valid procedure for sealing the seized material should be used.
The Evaluating Officers are also advised to rake precautionary measures to take maximum effort to complete the digital data analysis procedure as early as possible. Otherwise, valuable criminal data may be irrecoverably lost7 due to dust, motherboard failure, hard disk failure, etc. They should ensure that all the seized materials are always kept under tight security and optimal physical environment. Maximum protection (by using proper rigid packing material) should be given to the CDs, CPUs, hard disks, memory cards and all other digital equipments seized.
It should be remembered that the seized materials form part of the asset of the alleged culprit (establishment) and the Law Enforcement Agency is accountable for their safe keep as well as return after closure of the case. Conclusion In conclusion, seizure of digital equipment is not a simple issue. There are several procedural, technical as well as legal issues to be considered
150 July - September, 2012 The Indian Police Journal and observed. Seized materials should not be returned either in total or in part until matters have been satisfactorily and legally concluded. The concerned officials as well as the investigating experts should ensure that all procedural and legal technicalities have been observed during the seizure as well as in the post-seizure investigation. It should be remembered that all care should be taken to ensure that the seized data is not in any way damaged or destroyed.
References 1. Federal Bureau of Investigation, US Department of Justice,”Digital Evidence: Standards and Principles”, Forensic Science & Communications, April 2000, Volume 2, Number 2. 2. Slade, Robert M. (2004). “Software Forensics: Collecting Evidence from the Scene of a Digital Crime”, New York, The McGraw-Hill Companies, Inc., p. 80. 3. Marcella, A.J. Jr. & Menendez, D. (2008). “Cyber Forensics”, New York: Auerbach Publications. 4. Bhattathiripad P. Vinod, “Preliminary Computer Forensic Investigation Report”, submitted to the Superintendent of Police, Palakkad, 6th February, 2009, on the Crime file Cr. 26/08/Walayar PS. 5. Bhattathiripad P. Vinod, “Cyber Forensic Investigation Report”, submitted to Karannuf Service Co-operative Bank, Post Elathur-673 303, Kozhikode District, on an alleged case of Financial Malpractice in the Bank’s Computer Database. 6. Bhattathiripad P. Vinod (2009). “Judiciary-friendly Computer Forensics”, Kerala Law Times, Part 13 & Index, 29th June, 2009, p. 54. 7. Bhattathiripad P. Vinod, “Cyber Forensic Report”, submitted to the Deputy Commissioner, Central Circle-1, Income Tax Department, Calicut, Kerala. India 30th November, 2009. Ref. No. MG/ACIT/CC-2/09-10 dated 24-1-2009.
July - September, 2012 151 Combating Corruption in India: Issues and Remedies†
Syed Umarhathab* & S. Jailap Deen**
Keywords Accountability, Corruption, Transparency, Issues. Abstract The cancerous spread of corruption in India’s public life has been a matter of great concern to its citizen in all walks of life. In India, corruption is one of the crimes that have, had, have been a problem for many centuries; it affects the morality of the Indian society. There is a growing literature in the country on the diagnosis of this phenomenon, and print media, which has provided extensive coverage only to corruption in high places. Corruption is generally defined as “the use of public office for private gain”. Though, corruption can straddle both public and private sectors. The major forms at wider sense include mostly bribery, nepotism or cronyism and misappropriation of Government properties. Other definitions have also been offered citing the misuse of public office, violation of public interest, disapproval of public opinion and the illegal use of public office for private. However, author focuses on corruption in the public service, it might be useful to start with narrow definitions that “misuse of public power for private gain”. Government alone cannot fight the corruption as it is party to it. There are unending debates through the country on this topic and related issues and yet no common remedial measures are finalized. In this paper, proposed issues for discussion include integrity, the role of Judiciary, polity, use of science and technology, transparency and role of public. This paper is set to discuss the important issues and some remedial measures to combat corruption in India in public service. † Revised version of the paper titled “Issues in Combating Corruption: Some Remedial Measures” presented in the First International Conference of KASS, held at Women’s Christian College, Nagercoil on 5th & 6th December, 2008. Author Intro. : * Lecturer, Department of Criminology and Criminal Justice, M.S. University, Tirunelveli, Tamil Nadu ** Lecturer, P.G. Department of Social Work, Mar Gregorios College, Chennai
152 July - September, 2012 The Indian Police Journal
Introduction Man’s capacity of justice makes democracy possible, but man’s NDIA has the most multi-cultural inclination to injustice makes and linguistic people in the world, democracy necessary. also it is an emerging economy with I – Reinhold Niebuha population of more than 1.2 billion, 3287263 sq. km. of land and second fastest growing economy in the world, despite the global economic slowdown (Goenka, S.P., 2009). In India, corruption is something we all learn to live with. But, we need not be resigned to it or cynical. Instead of breast-beating over the sorry state of affairs, let’s explore the solutions. Maybe there are no satisfactory answers to our questions (Chopra, S., 2009, para 1). Corruption is all-around us, almost like a distorted and omnipresent. The corruption has acquired epidemic proportion in India. It is literally under every stone you turn. It is also in every alley you turn into, every nook and cranny you might care to peep into. It happens as much in broad daylight as it does behind closed doors. So far as Corruption in Government is concerned, various factors have been responsible for it among the Government servants. Long ago, Gibbon, E. wrote: “Corruption, the most infallible syndrome of constitutional liberty”. We had a corrupt administration even when we did not have constitutional liberty. Our Administration was even corrupt during the colonial days and earlier and still continues (Umarhathab S., 2008). A sensitive Shastri, former Prime Minister of India took serious note and appointed a “Commission of Inquiry” in 1962 under late Santhanam. This Committee came out with its report in the year 1964. Some of its recommendations, in the light of events after, appear naive and laughable. The Committee felt bulk of elected representatives, most of the Ministers (both Central and State) and Senior Servants, most of the Chief Ministers of the State were above board and corruption was absent in the higher reaches of the Judiciary and slight at lower levels, but today, it has reached even beyond. Recommendations of the Commission’s were very mild, merely cosmetic and nothing beyond. A Central Vigilance Commission (CVC) was announced with loud trumpets and the Central Bureau of Investigation (CBI) was the new name for the old Delhi-based Special Police Establishment, but as events would prove, these measures turned to be a mere eyewash. The CVC was a mere shadow of the vigorous ombudsman that Santhanam dreamt. Government is still unwilling to give operational autonomy to the Police, State Vigilance
July - September, 2012 153 The Indian Police Journal and Anti-Corruption Agency and CBI. We have achieved results by clumsily liquidating the freedom of action of the CBI and rendering the CVC an irrelevance except for name. Corruption has infiltrated into all aspects of public life making people lose faith in democratic institutions because of a perilous mix of bureaucracy, corrupt politicians and criminals in a hybrid, potent and poisonous witch’s brew. S.K. Sharma (2009), Managing Trustee of People First, the Advocacy Wing of the NGO Development Alternatives, categorically states: Corruption is the symptom of a disease that has as its progenitor’s over-centralization of power, non-transparency in all Government functions and lack of accountability. Corruption is a difficult thing to measure or compare, it is both a major cause and a result of poverty around the world. It occurs at all levels of society, from Local and National Governments, Civil Society, Judiciary, large and small businesses, Military and other services and so on. Corruption affects the poorest the most, whether in rich or poor nations (Shah .A., 2009). As the Nobel Prize-winning Economist Amartya Sen (2009) has observed that “there is no such thing as an apolitical food problem”. While drought and other naturally occurring events may trigger famine conditions, it is Government action or inaction that determines its severity, and often even whether or not a famine will occur. Governments with strong tendencies towards kleptocracy can undermine food security even when harvests are good. Officials often steal State property. In Bihar, India, more than 80% of the subsidized food aid to poor is stolen by corrupt officials. The most common effects of corruption according to Wikipedia (2009) are: l Effects on politics, administration and institutions Corruption poses a serious development challenge. In the political realm, it undermines democracy and good governance by flouting or even subverting formal processes. Corruption in elections and in legislative bodies reduces accountability and distorts representation in policy-making; corruption in the Judiciary compromises the Rule of Law; and corruption in public administration results in the unfair provision of services. More generally, corruption erodes the institutional capacity of Government as procedures are disregarded, resources are siphoned off, and public offices are bought and sold. At the same
154 July - September, 2012 The Indian Police Journal
time, corruption undermines the legitimacy of Government and such democratic values as trust and tolerance. l Economic effects Corruption undermines economic development by generating considerable distortions and inefficiency. Corruption generates economic distortions in the public sector by diverting public investment into capital projects, where bribes and kickbacks are more plentiful. Officials may increase the technical complexity of public sector projects to conceal or pave way for such dealings, thus further distorting investment. Corruption also lowers compliance with construction, environmental, or other regulations, reduces the quality of Government services and infrastructure, and increases budgetary pressures on Government. Economists argue that one of the factors behind the differing economic development in Africa and Asia is that in the former, corruption has primarily taken the form of rent extraction with the resulting financial capital moved overseas rather invested at home (hence, the stereotypical, but often accurate, image of African dictators and Indians having Swiss Bank accounts). l Environmental and social effects Corruption facilitates environmental destruction. Even the corrupt countries may formally have legislation to protect the environment; it cannot be enforced if the officials can be easily bribed. The same applies to social rights, such as workers protection, unionization and prevention of child labour. Violation of these laws and rights enables corrupt countries to gain an illegitimate economic advantage in the international market. Issues in combating corruption in public service - India The list of Santhanam Committee report is long; the principle on which the report is based is that a tradition of integrity can be established if example is set by those, who have the ultimate responsibility for the governance of the country and this is said to be the first biggest issue. Similar views has been expressed by some of the Researcher (Hanlon, J. and Pettifor, A., 2000; Neild, R., 2002; Chopra, S., 2009). There was another observation in the report that the integrity of Members of
July - September, 2012 155 The Indian Police Journal
Parliament (MP) and of the Members of Legislative Assembly (MLA) in the States will be a great factor in creating a favourable social climate against corruption. Political parties will have to publish annual audited accounts, and Judiciary should have an effective machinery to deal with complaints of corruption. Though, this is in practice, reality of proportionate wealth of the party or its member is disclosed only as of night lamp in a darkroom. Another committee on corruption headed by Vohra has many carping things and found that it is the Criminal-Politician nexus that defeats anti-corruption measures. Most of the recommendations of Santhanam Committee were accepted by this Commission, but in actual practice, none of them was implemented. To be truthful, we are making headway backwards, the Investigation Agency is not really strengthened, and its operational independence is being abridged. All investigative outfits, Central and State, are subjected to political manipulations. It has been so, from the beginning, except that earlier, our leaders, both Political and in Civil Service (including Police), had respect for Rule of Law and Conflicts. Political unscrupulousness, combined with hypocrisy and a certain spinal deficiency in the Civil Services and lubricating lucre has undermined all our institutions. The second biggest issue is that absence of autonomy and accountability of Criminal Justice official and their social responsibility, to be practical, there are very few, who come out to join Criminal Justice profession with passion, most of the best brain join medical or engineering or any other professional course except for those, who come with family history of working with the Criminal Justice Agencies. Invariably, in the most of prosecutions, the police come off second best in courts which kill the most cases. M.M. Veerappa (2009) commented about 9,310 CBI cases were pending before various courts and more than 2,000 cases have been pending for more than 10 years. A large number of these cases are against dishonest and corrupt public servants and the associates. An agency dedicated to fight corruption has so many cases pending, it portrays the lack of autonomy of this organization. The third biggest issue being slow motion justice as approximately 20 million cases are pending in Indian Courts, the people can be taught to believe in one court of appeal; but when there are two, they cannot be blamed if they believe in neither. More than this, we have Revisions,
156 July - September, 2012 The Indian Police Journal
Writs and Reviews; finality is unknown in the terms of law, though law is supreme. People want to see justice done undelayed, because “Justice delayed is justice denied”. When cases drag on for years, witnesses vanish; when judgements take months to write and deliver, you can’t blame the public, who take note of our emerging culture of not trusting public institutions this task is daunting, but can be done. When public believe court as apathy to corruption, on the other hand, State is unwilling to correct the roadblocks.
The fourth biggest issue is in connection with the third, is that disparities in verdict, judgement and sentencing, one case many verdict is something unbearable for most of the Indians. In India, especially corruption cases or any other cases, end up with acquittal, while the case is heard in higher court it ends up either in conviction or acquittal and vice versa. How is it acceptable, the same law, witness/evidence, Investigating Officer and mere change in Magistrate/Judge/justice finalize the cases with change in verdict, judgement, and sentencing?
The fifth biggest issue is that we suffer from lack of agency(ies) to which the Ministers and High Dignitaries are accountable. Not one single authority perched in distant Delhi, but available in every State and to whom all public officials are responsible. The Law must be made to swiftly nip the troubles in the bud. In cases involving White-collar Crimes, the accused must be made to give his/her full version as in civil cases. Sitting back and enjoying the unequal contest between an outstanding expensive Counsel and an iII-paid with heavy-workloaded Prosecutor is not fair.
The sixth biggest issue is that use of technology and scientific approach (Singh, N., 1998) in fighting crime in order to dispose the cases, which require technology support, while delivering the justice. Using technology would speed up the process of justice in prompt and appropriate manner.
Lastly, lack of awareness and transparency (Hanlon, J. and Pettifor, A., 2000; Neild, R., 2002; Chopra, S., 2009; Sreevatsan, A., 2009). The level of awareness on the issues and governance is less among Indians as compared to people living in Western World. We have imported almost all the culture and way of life from the West, but lack the tendency to question the Government on most of the aspects.
July - September, 2012 157 The Indian Police Journal
In fact, today, Indians are changing to that extent we are even unaware of our own neighbourhood. Otherwise, it is well-known fact that lack of transparency is one of the major causes of corruption. Some contemporary remedial measures Government l Stop allowing any social bribing; declare all the Government Institutions as corruption- free zone, as in practice, the spit-free zone. l Zero tolerance should be maintained in all the States. l Every State should study corruption in their jurisdiction continuously and assess the situation and act accordingly. In this process, the discipline of Criminology and Criminal Justice may prove to be quite helpful, by way of research as they are aware of corruption, its causes, consequences, and methods to control or suggest suitable measures through their research. l Government and governance should be transparent. The Indian Right to Information Act, 2005 has already engendered mass movements in the country that is bringing the lethargic, often corrupt bureaucracy to its knees and changing power equations completely. l Training people on Right to Information Act, 2005 at large scale starting from Panchayat member to Ministers, shall be the first step in countering the corruption. Polity l Any individual, who has been booked under First Information Report (FIR), shall be suspended temporarily or removed from the position of MP/MLA/Ministers. l When FIR is booked, do not allow candidates contesting in MP/ MLA election, although the law prohibits these people, this law is toothless without serious repercussion. l Codify Special Bill on the asset of the elected Member of Parliament and Legislative Assembly. l Confiscate all the property of the corrupt, in case of public servant, family members shall be made ineligible for governmental appointment.
158 July - September, 2012 The Indian Police Journal l Political parties should check corruption in respective parties, because political corruption is a collapse.
Police l Office of Vigilance requires some quality and action-oriented officer, which means these officers should be recruited separately rather come on a deputation. l Strengthen the office of Vigilance and Anti-Corruption in respect of numbers, as existing strength is inappropriate and certainty of action is impossible. Judiciary l Speed up the trial as well set up a time-limit for each case at rate of 3 months for non-cognizable and 6 months for cognizable offences. This shall apply even in the cases relating to corruption. l CVC should be involved in portraying corrupt on Internet and other communication medias should also be roped in. l Whistle-blower should be protected; this shall increase reporting of any incidence of corruption. l An association/committee/society/forum should be formed in order to make Judiciary answerable; this shall avoid or, perhaps, reduce the disparities in judgements. l Enact required Act or upgrade the existing law according to requirement or changing situation on regular basis. l Official of the Criminal Justice System shall be trained induty consciousness and social responsibility; this is one way of enriching their commitment during their service and after. l Criminal Justice Department should be made autonomous with accountability. l Establish separate court to deal with corruption cases at all levels. l Establish separate court to deal with certain section of people. l Criminal Justice official shall be trained as tech-savvy in order to understand the public view and opinion, which is inevitable in days to come as people go unfair towards the justice.
July - September, 2012 159 The Indian Police Journal l Unwanted formalities may be thrown away in order to reduce unnecessary delay during trail. l Punishment for corruption cases shall be made severe. l Lastly, punish the convicts, who involve in corruption more than a time with depriving of civil rights and except for basic human rights. Also, socially restrain the family member of the corrupt and shall be put under scanner. Conclusion Corruption is as old as the society, which has its root from the beginning. It is unrealistic to expect a corruption-free country. There is growing culture that corruption is inevitable, because it is experienced from birth to death in India. Types of corruption include in its preview are: Bribery, Graft, Patronage, Nepotism and Cronyism, Embezzlement, Kickbacks, Unholy Alliance, Involvement in Organized Crime and Misappropriation of Government Properties, including tax-evaders, shall also be included as one of the forms of corruption. Venkatesan, J. (2009) writes M.M. Veerappa, Minister for Law and Justice, during an interview commented that there is need for change or amendment to the Article 309, 310 and 311 of the Constitution of India. These Articles empower State and Central Government to prosecute against any public servant (both Central and State) charged with corruption. In order to make it possible to fight corruption, the task of fighting corruption shall be outsourced to non-profit and professional organizations, such as Transparency International, to Directorate of Vigilance and Anti-Corruption and Central Bureau of Investigation, any Government Agency established with a mission to fight corruption, shall achieve its mission, only when the organization are made autonomous like Election Commission of India. Transparency International is a global organization that seeks to empower civil society to participate in efforts to fight corruption. Here are some ways advocated (and implemented) by this non-profit organization with which can make a difference: l Public debate Many of us may feel inhibited to discuss the issues related to corruption. To overcome this, we can generate a debate within
160 July - September, 2012 The Indian Police Journal
our community, whether at home or at work, regarding the corrupt practices we generally face. Ask yourself and your friends why things seem to be going wrong, and how they might be corrected. Have brainstorming sessions to come up with ideas as to how systems can be made more transparent and accountable. Write letters to newspapers, but try to suggest improvements, not just complain about the way things are at present. It is small steps like these that snowball into movements that change society. l Demand transparency Groups are campaigning for access to official information. Once legalized, get information of, for example, small-scale development projects at the village level, take it into the villages, and inform the people there. They are the ones who know who has really been paid, and how much. At village meetings, officials may be asked to explain why the money has not gone where it should have, and can be shamed into changing their behaviour in future. l Be a Whistle-blower The most effective thing that individuals can do is to complain when they see corrupt acts occurring. This can be difficult when your superiors are involved in such corrupt practices. Make sure there is no innocent explanation of the activities you see happening, because what less senior people see is not necessarily the whole story. You don’t want to confront an honest boss with a complaint that they are corrupt. Yet, unless people have the confidence to raise their concerns with people they trust and are in a position to do something about it, nothing is ever going to get better. Initiate discussion, within your own organization and with your friends about how existing complaint mechanisms are working (or not), and see whether there is room for any improvement.
July - September, 2012 161 Carbon Monoxide A Silent Killer
Dr. B.R. Rawat*
Keywords Gas Geyser, Fossil Fuels, Incomplete Combustion, Carbon Monoxide, Carboxyhaemoglobin, Toxicity, Identification Abstract A couple died in a small size closed and compact bathroom under suspicious circumstances. Blood samples of deceased were analyzed in the laboratory for carbon monoxide poisoning by using UV-VIS 3600 of Shimazu. High concentration of carboxyhaemoglobin (HbCO) 80% in male and 90% in female was observed. High saturation was due to higher respiration rate and longer duration of exposure to oxygen-deficient environment of compact and ill-ventilated bathroom. Source of carbon monoxide was Liquid Petroleum Gas (LPG) geyser mounted on the wall inside the bathroom. Oxygen-deficient environment of bathroom results in accumulation of lethal level of carbon monoxide. Carbon monoxide is a product of incomplete combustion of fossil fuels, gas, oil, coal, gas fires, water heater, gas heater, kerosene heater, solid fuel and open fire. It is a colourless, odourless, tasteless toxic gas, having much higher affinity to blood than oxygen. It forms a stable complex carboxyhaemoglobin (HbCO) with blood. Blood samples in a unintentional carbon monoxide (CO) poisoning by a gas water heater have been analyzed in the laboratory for carbon monoxide saturation. Introduction S a result of known or unknown, carbon monoxide poisoning is the most frequent cause of deaths in developed and developing Acountries. In India, every year, especially in the winter months, poisoning from carbon monoxide is much higher. Carbon monoxide is a ubiquitous toxin the clinical effects of which have been recognized Author Intro. : * Assistant Director, S.F.S.L., Junga, Simla, HP
162 July - September, 2012 The Indian Police Journal since early times, when man first brought fire into the home for cooking and heating. Most accidents from carbon monoxide (CO) poisoning results from the incomplete combustion of carbon, containing materials with inadequate ventilation. Improperly vented gas water heaters or kerosene space heaters also causes carbon monoxide (CO) poisoning.1, 2 Carbon monoxide is the most frequent causes of immediate fire deaths, and carbon monoxide poisoning should be suspected in every fire victim. Carbon monoxide levels at fires may reach 10%, which can raise carboxyhaemoglobin levels in an active firefighter without respirator protection to 75% within one minute.3 Death due to carbon monoxide poisoning occurs frequently in industrialized countries. Between 1970 and 1978 in Vienna, the capital of Austria, carbon monoxide rich coal gas was replaced with natural gas. Despite this fact, people still die of unintentional carbon monoxide poisoning.4 A 20-year-old white woman and her husband were found unconscious in their mobile home. While being transported to the hospital, they received 100% supplemental oxygen. The woman was on ventilator, which she activated 26 times each minute. No burns were observed and her blood carboxyhaemoglobin level was 7%. Finding from her abdominal examination were consistent with 28-week pregnancy. No foetal movement could be detected by ultrasound and foetal heart sound was absent. On the following day, spontaneous labour began and 1 kg stillborn female foetus was delivered. Gross autopsy of the foetus revealed bright red discolouration of the skin and internal organs. Carboxyhaemoglobin level in the foetus was 61%. It was found that portable propane heater was being used. The propane heater was in need of maintenance and burned inefficiently with release of large amount of carbon monoxide.5 A famous tennis star Vitas Gerulaitis was sleeping in a hotel room located next to a room containing the heater for hotel swimming pool. The heater was malfunctioning, resulting in incomplete oxidation of fossil fuels and dispersion of carbon monoxide into the room of Gerulaitis room and was killed by carbon monoxide poisoning.5 The case of carbon monoxide poisoning, involving three victims, occurred in Cameron Highland in the month of August and September 1995. Two victims were found dead in the bathroom, where they were taking a bath while the other survived. High level of carbon monoxide was found in blood.6 The significant source of carbon monoxide was the gas water heater installed in the bathrooms.
July - September, 2012 163 The Indian Police Journal
Natural gas is the name given to methane and is a constituent of petroleum gas (C1-C4) the petroleum gas liquefied under pressure is called Liquid Petroleum Gas (LPG). It mainly consists of propane (C3H8), butane (C4H10) with small amount of ethane (C2H6). It is supplied in liquid form, so that the cylinder of even small volume may contain appreciable amount of gas. A strong smelling substance called ethyl mercaptan (C2H5SH) is added to the LPG gas cylinder to detect the gas leakage. Besides cooking, it is used in gas heater and water heating systems (Geysers) due to its high caloric and non-polluting nature. The gas geyser has gained popularity for its ability to reduce energy costs by over 70% when compared to electric water heater. A couple in naked condition was found dead on 1-1-2006 in a bathroom of their residence in suspicious circumstances, police expected it a case of suicide by consuming some poison. Spot Finding A couple was found dead by police in a compact small-sized bathroom of their residence on 1-1-2006 in naked condition (Figure I). Door of bathroom was found bolted with all ventilators closed. Police opened the door and examined the spot, dead body of male aged 36 years and female aged 26 were lying in naked condition on the floor of bathroom with fine froth present on their lips. No signs of external injury were
Figure I observed on the bodies of deceased and no poisonous materials could be located at the spot. A gas-fuelled Geyser of JAIPAN make was found mounted on the wall (Figure II) with following technical function data:
164 July - September, 2012 The Indian Police Journal
Figure II
Full out gas quick water heater Used gas kind : LPG Rated gas pressure : 2800 Pa. Exhaust style : Water Control Auto-Continuous Puise Ignition Safety device : Oxygen-deficit Extinguishment Protection and Zomin Timed Turn-off Protection. Suitable water pressure : 0.02-0.5 mPa. Gas inlet connection : 9.5 mm House Connection. Cool water connection : GI/2 Tube Hot water connection : GI/2 Tube
Gas tubing of Liquid Petroleum Gas (LPG) cylinder was found connected to the water heating system and regulator was in on position. Autopsy of bodies revealed no external and internal injuries, froth was present in larynx and trachea, lungs were congested, heart was full of cherry red blood, mucosa was giving pinkish look and brain membrane was congested. No food particles and peculiar smell was observed in the stomach. Laboratory Examination Toxicology examination of tissue and blood was negative for poisons, drugs and alcohol. Blood of both deceased was found bright cherry red in colour. One drop of blood diluted with 15 ml of water blood gives pinkish colouration which indicates the presence of carbon monoxide. Similarly, one ml of blood was diluted with 10ml of water, followed by addition of 1ml of 5% solution of sodium hydroxide, the blood retained its pinkish colour which indicates that carboxyhaemoglobin is not reduced.
July - September, 2012 165 The Indian Police Journal
Quantification of carbon monoxide in blood was based on the method of E.J. van Kampen and H. Klouwen.7 The method is based on the fact that normal blood contains several forms of haemoglobin, such as reduced form, oxygenated form and small amount of methemoglobin. When reducing agent, such as sodium dithionite is added to the blood, both oxygenated and methemoglobin are quantitatively converted to reduced form, which has the visible Spectrum B shown in Figure III. The carboxyhaemoglobin is not reduced by sodium dithionite and retain its normal twin peaked Spectrum marked A. The wavelength of maximum absorbance difference for Spectra A and B is at 540, whilst at 579, the spectra have the same absorbance (isosbestic point). The carbon monoxide-saturation of blood samples were calculated from measurements of the absorbance at these wavelengths by using UV- VIS 2100S Spectrophotometer of Shimazu Japan. Human Toxicity At carboxyhaemoglobin (HbCO) concentration 0 to 10%, no symptoms or shortness of breath is found during vigorous muscular exercise, a mild headache and breathlessness is observed on moderate exercise at HbCO level 10-20%; throbbing headache, irritability, emotional instability, impaired judgement, defective memory and rapid fatigue occurs at MbCO concentration of 20-30%. Severe headache, weakness, nausea & vomiting, dizziness, dimness of vision, confusion is observable at 30-40% HbCO saturation. Increased confusion, sometimes hallucination, severe ataxia, accelerated respiration at 40-50%, syncope or coma with intermittent convulsion, tachycardia with weak pulse at 50-60%, increasing depth of coma with incontinence of urine & faeces at 60-70%; profound coma with depressed or absent reflexes and complete quiescence at 70-80%, rapid death from respiratory arrest follows at above 80% of HbCO saturation8. Results and Discussion Spectra of carboy haemoglobin saturated blood and oxygenated blood is given in Figure III. The carboxyhaemoglobin is not reduced by sodium dithionate and retain its twin peaks (A). Whereas, oxygenated blood is converted to reduces form which has visible spectra as B. 80% of carbon monoxide saturation was observed in the blood sample of male and more than 80% in the blood of female. Deaths from carbon monoxide poisoning generated by domestic heating have received a great deal of publicity in recent years. Dangerous amounts of carbon monoxide can accumulate as result
166 July - September, 2012 The Indian Police Journal
Figure III of poor installation, poor maintenance or failure or damage to an appliance in service, the fuel is not burned properly, or when rooms are poorly ventilated and carbon monoxide is unable to escape. Some of these problems can also arise when the occupant deliberately obstructs the ventilation. Carbon monoxide is a colourless, odourless, tasteless, water insoluble non-irritating gas produced by incomplete combustion of almost any form of fuel, such as wood, charcoal, gas, kerosene, automobile exhaust, fire.9 Improperly maintained and ventilated gas heating appliance and smoke from all types of fire also produces the carbon monoxide.10 When methane and propane burns in sufficient supply of air, the product formed are carbon dioxide and water. When there is insufficient supply of air, the product are carbon monoxide and water.7 The equations are represented as under: (Methane)
CH4 +2O2 CO2 + 2H2O (sufficient air)
2CH4+3O2 2CO + 4H2O (insufficient air) Similarly, the combustion reaction of propane can be represented by these equations: (Propane)
C3H8 + 5O2 3CO2 + 4H2O (sufficient air)
2C3H8+7O2 6CO + 8H2O (insufficient air) Methane, ethane, propane and butane are members of homologous series having similar chemical properties because of similar structural formulae.11 It is evident that incomplete burning under oxygen-deficient environment results in the production of carbon monoxide from Liquid
July - September, 2012 167 The Indian Police Journal
Petroleum Gas. The oxygen-deficient environment of bathroom and malfunctioning of water heating system resulted in incomplete burning of Liquid Petroleum Gas (LPG) and source of carbon monoxide, resulting into unintentional death of couple in closed and compact bathroom. Carbon monoxide has high affinity for haemoglobin and interferes with oxygen transport to the tissues. The closed compact oxygen-deficient environment of bathroom increased breathing rate and longer duration of exposure resulted in high carboxyhaemoglobin (HbCO) concentration in blood. Higher the concentration of HbCO in the blood, the greater the morbidity associated with CO exposure. The concentration of HbCO depends on amount of CO in the ambient air and length of time during which the victim is exposed, are related to concentration of HbCO.5 Carbon monoxide is a silent killer due to its insidious properties as it is odourless, invisible, tasteless and non-irritating. To avoid the risk of carbon monoxide poisoning, the geyser should not be placed inside the bathroom; chimney connected geyser must be used in bathroom, and it should be of larger size and well-ventilated.
References 1. Mosier D., Baldwin R., “Carbon Monoxide Poisoning”, South Dakota. MMWR 1985; 34: 113. 2. O’Sullivan BP: “Carbon Monoxide Poisoning in an Infant exposed to Kerosene Heater”, J. Pediatr. 1983; 103: 249-251. 3. Matthew J. Ellenhorn, Donald G. Barceloux, “Medical Toxicology Diagnosis and Treatment of Human Poisoning-1998”. 4. Risser, D. & Schneider, B., “Carbon Monoxide-related Deaths from 1984 to 1993 in Vienna, Austria”, Journal of Forensic Science, JFSCA, Vol. 40 No. 3. May 1995, pp. 368-371. 5. John Joseph Fenton, “Toxicology A Case-oriented Approach”, CRC Press. 6. Chong C.K., Senan P. & Kumar G.V. Med. J. Malaysia 1997 Jun 52(2):169-71. 7. E.J. Van. Kampen & H. Klouwwen. Ned. Tidschr. Geneeskd, 1954, 98, 161-164 and Rec. Trav. Chim, des. Pays Bas, 1954, 73, 119-128. 8. Gosselin, R.E., R.P. Smith & H.C. Hodge, “Clinical Toxicology of Commercial Products”, 5th ed. Baltimore, Williams and Wilkins, 1984, p. IlI-98. 9. V.V. Pillay, “Handbook of Forensic Medicine and Toxicology”, 13th Edition, 2003. 10. Caplan, Y.H. Thompson, B.C. Levine, B. Mesemore, W., “Accidental Poisoning involving Carbon Monoxide, Heating System and Confined Space”, Journal of Forensic Sciences, JFSCA, Vol. 31 No. 1. Jan 1986, pp. 117-128. 11. Jauhar, S.P. Arora, B.B., Wadhawan, K.L. & Sabharwal, A.K., Science and Technology.
168 July - September, 2012