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Indian Journal of Criminology 2018-19.Pdf INDIAN JOURNAL OF CRIMINOLOGY Volume 46 & 47 2018-19 INDIAN JOURNAL OF CRIMINOLOGY The Indian Journal of Criminology is a joint publication of Indian Society of Criminology (ISC), K.L. Arora Chair in Criminal Law and Centre for Criminology and Victimology at National Law University Delhi. The Journal is published twice in a year (January and July). The scope of the Journal covers all aspects of criminology, penology and victimology including all such issues bordering sociology, psychology, law, social work and ICT applications. Empirical research based papers in the broader domain of criminal justice administration are specially encouraged. Comparative studies from the international contributors focusing on the substantive and applied aspects of criminology and criminal justice are highly solicited. We also welcome papers from the University Departments/ institutions, Correctional Services, Social Welfare Organisation, forensic Sciences Laboratories etc. Instructions of Authors 1. All Manuscripts and other communications relating to the Journals should be submitted through email in word format at [email protected] 2. Each article should be accompanied by an abstract of about 100 words (15 to 20 typed lines). 3. A declaration to the effect that to the effect that the article has not been submitted for publication elsewhere, signed by all authors should be submitted along with the article. 4. Articles submitted to the Indian Journal of Criminology should be type written and double spaced on A4 size Bond paper. Matter should be typed on one side of the paper only, with a wide margin. The length of the article should not exceed 15 typed pages. Symbols, formulae and equations must be written clearly and with great care. Too many lengthy tables and graphs should be avoided. 5. Reference are made according to the abridged Harvard method by giving the author’s name and date to publication in the text e.g. (Panakal, 1973). Reference list at the end of the paper should be in the alphabetical order of author’s names in the following form: Panakal, J.J. (1973). An Agenda for Criminology Indian Journal of Criminology, 1(1). 1-5. 6. Authors will be supplied softcopy of their article(s) on request to be sent at [email protected] 7. The Journal is available on subscription by paying annual subscription as under: Individual Rs.300/- Institutional Rs.500/- Foreign $50/- (Including Air Mail Surcharge) To procure the copies of the Journal please contact: Managing Editor Indian Journal of Criminology C/O Department of Criminology and Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli-627011 Emails: [email protected], [email protected] Printed by: Ess Pee Printers, New Delhi The Indian Journal of Criminology Editor: Prof. (Dr.) G. S. Bajpai Professor of Criminology & Criminal Justice, NLU Delhi India Managing Editor: Dr. Syed Umarhathab Assistant Professor, M.S. University, Tirunelveli, India Executive Editors: Dr. Ritu Sharma Associate Professor, NLU Delhi Dr. Akash Singh Assistant Librarian, NLU Delhi Dr. Garima Pal Research Associate,NLU Delhi Editorial & Advisory Board Prof. Ian Loader Mr. Emilio C. Viano Professor of Criminology President University of Oxford, UK International Society of Criminology, USA Prof. Zbigniew Lasocik Prof. Jianhong Liu Professor of Legal Sciences and Criminology University of Macau, Macau, China University of Warsaw, Poland Prof. N. Prabha Unnithan Dr. G. K. Goswami, IPS Director, Centre for the Study of Crime and Joint Director Justice Anti-Corruption Zone, C.B.I. New Delhi Department of Sociology, Colorado State University Prof. K. Jaishankar Prof. Arvind Tiwari Professor and Head Department of Criminology Dean, School of Law, Rights and Constitutional Raksha Shakti University, Ahmedabad, India Governance Tata Institute of Sciences, Mumbai, India Prof. (Dr.) Purvi Pokhariyal Prof. (Dr.) P. Madhava Soma Sundaram Director & Dean, Institute of Law M.S. University, Tirunelveli, India Nirma University, Ahmedabad, India Dr. Suman Dash Bhattamishra Prof. (Dr.) Nikos Passas Assistant Professor of Law Professor of Criminology & Criminal Justice National Law University, Odisha College of Social Sciences and Humanities Northeastern University, Boston, USA Indian Journal of Volume 46 & 47, 2018-2019 Criminology Contents Articles The Quest for Truth in Criminal Justice- Revisiting the Malimath 1 Committee Recommendations Ankita Chakraborty & Dipa Dube Redesigning of Urban Safety Measurement Model Analysing Crime 16 Standpoints Rajesh Kumar Attitude to Prison Reforms: An Empirical Survey 32 Upneet Lalli Recidivism among Prisoners in Tihar Jail and Contributing Factors: 46 A Qualitative Study S. Manikandan and K.Jaishankar Adjustment of Child in Conflict with Law: An Empirical Study 58 Lakshmi Pandey Rationality or Opportunity: What Matters in Crime? A Descriptive 66 Analysis of Property Crimes Reported by Electronic Media in Chennai City and its Outskirts. K. Kuralarasan and M. Priyamvadha Rehabilitation and Reintegration Possibilities for Rape Victims in India 79 Vibha Hetu Incarcerated Motherhood under the Purview of Policies, Prison 106 Reforms and Reintegration Pearly Paul and Intezar Khan An Empirical Study on Bullying and Sexual Harassment at Workplace 122 Shubhangi Srivastava and Priyanka Kacker 1 “THE QUEST FOR TRUTH IN CRIMINAL JUSTICE- REVISITING THE MALIMATH COMMITTEE RECOMMENDATIONS” Ankita Chakraborty* & Dipa Dube** ABSTRACT ‘Satyameva Jayate’- Truth alone Triumphs, enunciates the Indian ideology which confers the zenithal importance to truth. Truth and Justice are somewhat synonymous for the common man, and thus, when justice fails, truth stands defeated. The Malimath Committee in its Report on Reforms in Criminal Justice System, 2003 deliberated on the need to attain the ultimate end, not in terms of acquittal or conviction, but truth. Referring to the observations of Dr. R. Venkataraman, Former President of India, the Committee reiterated that “the Judge is not concerned with the truth; he is only concerned with the proof.” In fact, the law of evidence clearly enumerates that either the evidence is proved, disproved, or, not proved. In other words, facts of a case are to be established by means of evidence, which is submitted before the Court, and, the latter has to decide whether the facts are thereby established. In case the Court is convinced to the point of ‘beyond reasonable doubt’, conviction is maintained for the accused, whereas in all other cases, it is acquittal. It is merely presumed that truth will surface from the individual version of facts presented by the prosecution and the defense in presence of the Judge, who appears to have little or no say in the drama that unfolds before him in the court room. He simply plays the role of a mute spectator at the contest between two parties and declares who has won and lost. The Malimath Committee criticized this system to be profoundly loaded in favor of the accused and accordingly made recommendations to incorporate appropriate changes in the law. An illustration may be given from K. Venkateshwarlu v.State of Andhra Pradesh(2012) where the Court found itself helpless to give justice to a polio-ridden child rape victim; although it was proved that she was sexually assaulted by the accused, a police officer. Lamenting on the acquittal, the Court said: “The demeanor of Aruna, the tears in her eyes, her walking out of the Court after looking at the appellant, pricks the judicial conscience….” A decade and a half later since the Committee suggested necessary amendments to shift the core focus of criminal justice to attainment of truth, little has been achieved. Except for sparing aspects of victim participation, the remaining suggestions have gone unhindered. The present system suffers from the same laxity as before. The paper analyses recent judicial trends to indicate the continued ineptness of the adversarial system to achieve justice, and consequently truth, and the dire need to bring about changes. KEY WORDS Malimath Committee, Adversarial System, Truth, Justice, Victims. * Ph.D Scholar, Rajiv Gandhi School of IP Law, IIT Kharagpur. ** Professor, Rajiv Gandhi School of IP Law, IIT Kharagpur. INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019 2 Introduction or on account of stringency of the laws of evidence. To do away with the lacunas The Indian spirit vests the highest of adversarial system; the committee importance to truth. The aphorism, recommended that the “presumption of Satyameva Jayate (Truth alone succeeds) is innocence” and “proof beyond reasonable engraved in our National Emblem “Ashoka doubt” be substituted with a lower standard, Stambha” and all our saga narrate the for example, “the Court’s conviction”. (The goodness of truth.(Berti and Tarabout, 2017, Adversary system: Who wins? Who loses? p.27) Truth is a cherished ideal of India and 2019) The committee further recommended the cornerstone of our justice system. Truth incorporation of certain attributes of being the very basis of justice protects the inquisitorial system of investigation and innocent and punishes the guilty. For an administration of justice in the present average person, truth and justice holds criminal justice system. The committee the same connotation, and thus, when emphasized on the dire need to reform the justice flounders, truth stands defeated. entire criminal justice system keeping in The Malimath Committee in its Report on mind the justice to the victims in terms of Reforms in Criminal Justice
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