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IPJ The Indian Police Journal Volume 68, Number 1, ISSN 0537-2429 January-March 2021 Editorial Board

Chief Patron Sh. V.S.K. Kaumudi, IPS, DG, BPR&D, MHA, New

Editor-in-chief Sh. Santosh Mehra, IPS, ADG, BPR&D, MHA,

Managing Editor Sh. Anurag Tankha, IPS IG/Director (SPD), BPR&D, MHA, New Delhi

Executive Editor Sh. Shashi Kant Upadhyay DIG/DD (SPD), BPR&D, MHA, New Delhi CONTENTS

S.N. Title of the Article Page No.

Autonomous Intelligent UAV System for Criminal Pursuit – A Proof 1. of Concept 1-20 Akhila Prabhakaran and Ramit Sharma

Development of Scale for In-charge Police Officers’ Performance 2. 21-34 DCP Rajkumar Shinde and Dr. Supriya Patil

The Role of Science & Technology in Law – Enforcement 3. 35-54 K. V. Thomas

Attitudes as Catalysts for Police Organisational Excellence 4. 55-68 Prof. A. K. Saxena

Police Support for Victims of Crime in : A Quest for Excellence 5. 69-84 Dr. Nazia Khan

Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions 6. 85-108 Dr. Nidhi Saxena and Dr. Veer Mayank

Police Behaviourial Cauldron - Need for Improvement in Service 7. Conditions 109-119 RC Sharma & Ishita Sharma

Non-Invasive / Minimal Invasive Autopsy in Medicolegal Cases: A Need of the Hour and Future 8. 120-127 Dr. Abhishek Yadav, Dr. Sudhir K Gupta, Dr. Abilash S and Dr. Varun Chandran

An Empirical Investigation on Identification of Various Factors 9. Affecting Crime against Women in Chhattisgarh, India 128-159 Ashok Juneja

The ‘Golden Triangle’ – A Hub of Narcotics Trade and Its Repercussions 10. for North- vis-a-vis The Act East Policy – An Analysis 160-173 Dr. Aprajita Baruah and Ms. Sharmistha Baruah

Insights into the Role of Police for Implementation of Domestic 11. Violence Act in India 174-187 Dr. Alok Sharma EDITORIAL MESSAGE

A new dawn of 2021 is full of promises and commitments that keep all of us afloat. We should not remain clung to the past, instead learn and evolve for the good if not better as the year gone by has witnessed. It is like a renaissance for the lucky 2020 survivors; immensely grateful to Him for yet another chance to live, know and revere Mother Nature. It is high time we woke up to the call of Nature and reformed certain things to lead a happy and blissful life.

This edition compiles numerous articles that help the reader know various facets of Police work culture.

We have a large battery of writers and authors with a subtle flair for writing eloquently on the subject they have a tremendous command of. Each issue enables our readers across the country and abroad to give a fair and deep insights into the evolution of IPJ covering varied issues that pertain to forces working round the clock maintaining law and order within the city’s underbelly and manning the borders from insurgence and invasion. The group of prolific writers and contributors over decades on end has written a plethora of well-researched stories on varied vital subjects. This issue has once again entertained us with such intriguing pieces.

The Indian Police Journal strives to enrich the reader with informative articles on contemporary policing, administrative, forensic, HR and Police technical issues. IPJ endeavours to promote citizen centric Police services as it is widely known to Police professionals, forensic practitioners, research scholars, academia, management communities, non- government organizations and in the field of correctional administration.

All the articles here without exception are worthy of mention however, a few of them I would like to take note of.

The elaborate piece ‘Police Support for Victims of : A Quest for Excellence’ has mentioned the concept of Victimization. Police supported victims by providing them with various utilities like safety, access, information, support, continuity and voice.

The article on ‘An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India’ by Ashok Juneja is vital throwing light on increasing Violence against Women and the problems like Child Marriage, Eve-Teasing, Domestic Violence etc. faced by women.

On the other side we have ‘Pharmaceutical and Crimes: An Explanatory Study’ an article adequately explained. This article talks about the trafficking in India and the crimes related to pharmaceutical drugs that trigger the crime graph upward.

Moving towards other insightful pieces we cannot but talk about the article ‘Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions’ well elaborated by Dr. Nidhi Saxena and Dr. Veer Mayank that has shown a profound insight into the fact of the title. This article talks about the tactics of committing cyber crime and how one can protect oneself from falling prey to it.

Last but not least, the article ‘Insights into the Role of Police for Implementation of Domestic Violence Act in India’ meticulously written by Dr. Alok Sharma talks about the protection of women from domestic violence and the useful suggestions provided by Police officials for better implementation of the Domestic Violence Act 2005.

I am sure that this edition will definitely give readers an in-depth understanding of the problems surfacing on a day-to-day basis with causes of stress among the personnel in both uniform and civvies. Above all, the ways and means suggested addressing these grave issues.

Finally yet importantly, I would extend my sincere thanks to the Ministry of Home Affairs for their acknowledgement of our endeavours and motivational gesture that really boost our morale and help with our working capacities.

(Editor-in-Chief) Autonomous Intelligent UAV System for Criminal Pursuit – A Proof of Concept The Indian Police Journal @BPRD, MHA 1 BPRD Publication Akhila Prabhakaran www.bprd.gov.in Ramit Sharma2

Abstract Rapidly evolving hardware and software technology and innovations have led to utilization of Unmanned Aerial Vehicles (UAVs) across industries around the world. There is a huge opportunity for integrating technology in the adoption of UAVs for assistive . This work proposes an integrated flight system-combination of hardware and software, for autonomous, real time, human target pursuit using visual information from a UAV. In this work, commercial UAV devices are explored and evaluated for their use in real time target tracking. Machine learning frameworks for object detection and tracking using computer vision are explored and detailed in this work. These are then integrated into an application framework that could serve as a mobile UAV command controller installed on a Police van. A prototype of the proposed system, designed, programmed using an educational UAV is presented and evaluated in detail with experimental results. Results of this work demonstrate the efficacy of the proposed autonomous system and provide a basis for building futuristic customized UAV frameworks for assistive policing.

Keywords: Policing, Unmanned Aerial Vehicle, Computer Vision, Autonomous, Object Detection, Target Tracking.

1. Introduction, Current Scope and and military and policing. Military and law Applications of UAVs enforcement around the world has been Unmanned aerial vehicles (UAVs) are using UAVs as part of reconnaissance, being extensively used across the world disaster relief, search rescue operations, for leisure, travel photography and event management, traffic management journalism, surveying and mapping, and flow, mapping districts and crime infrastructure inspection, precision scene investigation(Fennelly & Perry, agriculture, express shipment and delivery 2020).

Author’s Intro: 1. Consultant scientist at the Supercomputer Education and Research Center at IISc, . 2. Currently IG, Bareilly Range, U.P.

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Law enforcement in challenging, as traffic monitoring, parcel delivery, in the face of low manpower, clubbed surveillance and reconnaissance, drone- with varied duties discharged by the based wireless internet delivery, drone officials ranging from maintaining taxis, is achieved primarily through human law and order, riot control, crime operators. Drones used for assistive investigation, protection of state policing in India, are also manually assets, traffic control, ceremonial and navigated by human drone operators guard duties, service of summons and under the direction of law enforcement production of witnesses, VIP protection, officials. managing and securing political visits, 2. Motivation large scale event management and security, festivals and gatherings, anti- As part of regular duties of law terrorist and anti-extremist operations, enforcement, Police personnel are intelligence gathering and election required to escort undertrial prisoners in a responsibilities(Randhawa & Narang, jail van, between the trial court and jail for 2013). scheduled court proceedings. During one of these routine hearings in July 2019, in Technology has provided some relief, Sambhal district, in , three with several states having adopted UAVs undertrials escaped from custody, while (Drones) to assist with law enforcement in being transported from jail premises to areas of urban policing, disaster relief and the trial court, after killing two constables illegal mining(Tanzi et al., 2016). and taking their weapons (Two UP Cops Drones are being used for aerial Killed in Sambhal after Miscreants Attack surveillance, crowd estimation and Jail van Escorting Under-Trial Prisoners, management of large-scale gatherings Three Criminals Flee Custody - Republic and processions (Kumbh Mela: Advanced World, n.d.)(Three Escape from Prison van Drones to Add More Ammo to Kumbh in Sambhal: Gun Used to Kill Constables Mela Preparations | Allahabad News Sneaked in at Court, Say Police | India - Times of India, n.d.). Drone cameras News,, n.d.). are used in sensitive districts to record The first Police team reached the scene of movement and activities of alleged anti- crime after around 20-30 minutes. Over social elements. Real time intelligence time, several Police teams and officers gathered from drone videos allows law visited the spot. The only information enforcement officials to assess threats and for the search mission, however, was formulate actionable strategies for threat a particular direction in which the mitigation (Anti-CAA Stir: Use criminals had absconded. Owing to Drone to Keep Track of Protesters, n.d.). limited information to begin the search Drone navigation for applications such operations, several armed search

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teams were deployed in all directions. detection and inferencing tools, and Relying solely on primitive methods a global positioning system (GPS), be for information dissemination and leveraged to track any unscheduled monitoring resulted in a loss of personnel stops made during the routine prisoner life in the van, and extensive human transports for court hearing and effort to chase, interdict and apprehend automatically launch a pre-planned the criminals. Lack of technological surveillance mission to track and follow arsenal was observed to be a major targets? challenge throughout this operation, leading to exploration of technological 2. Can a low-cost proof of concept be advancements like access to global designed for the same to understand its positioning trackers, Wi-Fi connected feasibility? systems on board, and UAVs equipped The problem can be partly addressed using with artificial intelligence and facial recognition software for surveillance GPS devices that will transmit real time and communication providing real time location information of the van to a central insights into the transport vehicle. command and control center. This might however only raise an alarm when the van This work aims to answer the following deviates from the designated route, without contextual questions in the domain of giving additional information pertaining to technology assisted policing. the escape routes of prisoners that is critical 1. Can UAV systems equipped with object to search operations.

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UAVs have the advantage of providing a 3. Low-cost autonomous flight system bird’s-eye view of the situation without A system design for autonomous drone risking safety of Police personnel. Smart navigation for target pursuit using real- surveillance vans with geo-coded flight time visual information from the drone systems (UAV + GPS) can be programmed camera, is outlined in this section.1 Figure to automatically launch a pre-planned 1 provides a diagram of the proposed surveillance mission when the van model. The UAV is proposed to be deviates from the programmed route. stationed on top of a vehicle, alongside Aerial footage from the UAV, could a controller. The controller (a device with inference and GPS capabilities) will be provide precise information about set up with sample images of persons assailants and details about their escape that need to be identified for pursuit. route, reducing the time taken for on-foot Geofencing code in the controller will search operations. initiate take-off and landing of the UAV. This work details a generic low-cost After take-off, the drone camera will autonomous flight system – hardware stream real time video to the controller. and software - capable of: A pre-trained machine learning model for person re-identification installed in the a) Automatically launching and landing controller will process video frames from the UAV based on location based the UAV. After target identification, based parameters. on clothing features, the drone controller will estimate the navigation path of the b) Automatically identifying moving drone to keep the target in the center human targets (based on pre-trained of the frame. Drone steering commands images or clothing colour features) will navigate the drone in pursuit of the c) Autonomous navigation of the UAV to target. follow those targets in real-time. The two key aspects of the proposed system that will be explored in detail in The proposed flight system is detailed the next sections, are: in Section 3 and integrated into a programmable hand-held UAV (Section 1) Hardware -UAV, GPS module and 4) that was trained to detect and follow Controller computer. a target based on computer-vision based 2) Software -UAV connector and machine learning models (Section 5). controller, machine learning Experiments of autonomous flights for algorithms for target detection, real-time target tracking have been estimation for target pursuit, performed and results have been automatic take-off and landing of the discussed in detail in Section 6. 1 Image Source: Created by authors for this manuscript

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drone based on geofencing. Drones equipped to follow a target [Table 1]: can be broadly classified as using 4. Hardware – UAV and GPS Module either one of the following technologies This section evaluates off-the-shelf commercial UAVs that are equipped Drones that follow a target using GPS with autonomous navigation and Transmitter/ Ground Station Controller reviews literature and use cases of a (GSC): These devices use a GPS enabled programmable educational drone for device like a mobile phone, tablet or GSC along with a wearable transmitter experimentation. or mobile phone and are programmed UAV module to follow the transmitter, keeping the subject (person with transmitter) in the Autonomous navigation of UAVs relies frame, at all times (Skydio 2TM – Skydio, on on-board sensors, such as Inertial Inc., n.d.) (New Release HS720E| Upgrade Measurement Units (IMU) and GPS Image Performance to Professional Level!, to autonomously navigate the drone n.d.) (Parrot Drones - Applications and along predefined paths. UAVs equipped Services Adapted to Our Drones, n.d.). with GPS positioning systems and These drones work well for planned autonomous flight path programming missions and several use cases can be can be used to collect real time mission found on their product site. However, critical information that could be used for use of drones with this technology can short range criminal pursuit and tracking. be supported only if the subject – which Most of these drones are commercial in this case is a person undertrial can be range drones that use the “Follow Me equipped with a transmitter. GPS Drone Technology”. Most commercial UAVs come with one or more of the The second category of “follow me” following controller options to connect, drones is UAVs that use deep learning launch, navigate and land the UAV: object recognition technology along with visual sensors for following a 1. controller device for manual operation target. These drones can follow a target of the UAV without separate GPS tracker. (YUNEEC Typhoon H Plus | Hexacopter with 1” 4K 2. mobile application for common Camera - Yuneec, n.d.) (DJI Phantom 4 mobile operating systems like Android Review | TechRadar, n.d.)(Mavic 2 - See and IOS that can turn a mobile phone the Bigger Picture - DJI, n.d.) (Mavic Air into a controller 2- Specifications - DJI, n.d.) (Skydio 2TM 3. Software Development Kit (SDK) – Skydio, Inc., n.d.) (YUNEEC Breeze 4K | platform that enables custom Mini Selfie Drone - Yuneec, n.d.) (Hover2 programming - The Drone That Flies Itself, n.d.)

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Most commercial “follow-me” UAVs are can be sent to the drone through a socket equipped with auto take-off, auto-landing connected over Wi-Fi to steer the drone. and an SDK controller platform that Measuring 6 x 6 x1.3 inches and weighing enables custom programming for pre- roughly 80 grams, the cost-effective planned flight paths. During the flight, drone is portable and easy to use for operated by the handheld UAV controller, experimental purposes. The drone comes the operator can manually select a target with a mobile controller application with to follow, which will then be tracked by a friendly user interface that supports the UAV using in-built features. multiple flight modes, automatic take-off All the above UAVs are not designed or landing. Programmability of the drone for end-to-end autonomous target controller in Python(Kuhlman, 2012), for tracking and will require additional streaming and recording video from the software modules (specified in the drone, made this a suitable experimental proposed framework in Section 3) for drone for validating the proposed model fully autonomous flight systems. Besides, in the work. these devices are expensive [Table 1] and could not be used for low-cost proof of UAV Controller Hardware principle proposed in this work. Custom drone navigation programs for autonomous flight operations can be Drone hardware used in proof of concept: deployed on a laptop or more portable This work explores another category of devices like single board computer low-cost programmable (SDK supported) (Raspberry Pi) or a microcontroller educational drones without a follow-me (Arduino) embedded in the UAV. option, that is predominantly used for Another key consideration in designing research and experimentation of UAV a working model is evaluating the size of applications (Tezza & Andujar, 2019) .Of the UAV and its processing capabilities. these, the Ryze Tello (Tello, n.d.) UAV Since real-time UAV navigation is priced at 99USD (14999 INR in India) was dependent upon the instructions from the explored for use in the experimental setup server, network latency and bandwidth of the intelligent flight system detailed in can have a significant impact on the this work. proposed model. While larger drones Tello, provides an SDK (SDK 2.0 User Guide are better equipped to carry payloads 2, 2018) for connecting to the drone from with compute-hardware and energy a mobile device, PC or Mac, through a sources, smaller drones for target tracking Wi-Fi UDP (User Datagram Protocol) port. mission operations rely on the device Video from the drone can be streamed wireless spectrum, range, and processing over the connection and text commands capability of the server hardware

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In this work, the handheld nano drone In this work, a mobile phone with a Python does not have processing capability, program is used as GPS tracker device. hence all processing must be offloaded The mobile phone has been programmed to a server (CPU/GPU or single board to periodically publish GPS location controller. For this work, the program is information to a publicly available server/ deployed on a laptop [Intel® Core TM i7 broker using the lightweight Message 7500U CPU @2.7 GHz, Windows10] that Queue Telemetry Transport (MQTT) connects to the UAV over Wi-Fi. FFmpeg protocol (Giambona et al., 2018) (A Light, (FFmpeg, n.d.) - a free software project 2017) . The laptop (UAV controller) will that produces libraries and programs subscribe to these messages and read for handling multimedia data is used real-time GPS location of the vehicle from for streaming data from the UAV to the the public server. This real-time feed will controller for processing. Video streams be integrated with the UAV controller for from the UAV are relayed to the server autonomous UAV take-off and landing (CPU laptop/controller) for data pre- operations. Figure 2 processing and inference, once the data 5.1 Software – UAV Connector and is processed, further instructions for Controller for the flight system autonomous navigation are sent to the UAV over Wi-Fi. For a low-cost working model of the proposed flight system, the controller is GPS Tracker a software application written in Python While high-end commercial UAVs that is installed on a laptop, that will be equipped with a GPS device have inbuilt stationed in the policing vehicle alongside capabilities for auto take-off and landing, a GPS tracker. Software for the controller low-cost UAVs without a GPS receiver can consists of the following modules be augmented with an additional GPS module that can be part of the intelligent a) Set of images of targets that need to flight system. be tracked or clothing colour features for target tracking.

b) Geofencing information that triggers take-off and landing of the UAV.

c) UAV – Start /Take-off. A GPS tracker on the vehicle will connect to the controller laptop over Wi-Fi and stream real time location information. When the vehicle is outside the designated geofence, the controller will send a command to take-off the UAV.

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d) Connect and stream real time video h) When an object is detected, the images from the UAV. Repeatedly position of the object with respect to ping the UAV at frequent intervals to the current frame is identified, along keep the connection alive. FFmpeg with the size of the object in terms is used for streaming with Open of height and width of the bounding Computer Vision (OpenCV) box. This module then computes the

e) Pre-process every frame in the centroid of the target bounding box real-time streaming video for best and the estimated path for the drone features for subsequent steps of to keep the target in the centre of the object detection and tracking. frame. This will involve – resizing images, i) The UAV is sent commands to steer timestamping frames based on time of left or right, up or down and rotate processing and other parameters that clockwise or anticlockwise to pursue will be required to get best features for the target. These parameters are subsequent detection steps and store experimentally evaluated for the them for post processing analysis. proof of concept. f) Machine learning inferencing module j) Steps from (d) through (i) are repeated for human detection in real time for every frame from the real time streaming video frames that will stream. show a bounding box around each human object detected in the frame. k) Stopping/Landing: In the proposed These will also be stored for post facto idea, it will be required for the UAV to analysis, elaborated in section 5.2 trace its path to the vehicle and land g) Object detection based on a pre- on the vehicle when the UAV reaches trained machine learning model. its threshold battery or if the Police One of these targets is then tracked vehicle is in the predefined geofence. autonomously by the UAV. In our Every command sent to the drone experimental setup, the target with in step(g) is recorded to identify the the largest probability is chosen as the trajectory taken by the drone. These subject for following. An alternative can help trace the path of the drone to this approach could be, to track to the starting point for landing. In the the largest object in the target frame experiment detailed in section 6, the (in terms of area of bounding box), if drone is programmed to re-trace its there are multiple targets detected in way back to the starting point after a the frame. predefined time in flight.

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5.2 Software - Machine Learning methods. Object detection in an image Algorithms for Human Detection using modern deep learning methods essentially consists of two parts: Overview of algorithms Neural Network Model: Use a neural Target detection (Benenson et al., 2015; network to identify if an object is in an Chang et al., 2019; Dalal & Triggs, 2005; image returning a set of probabilities. Sermanet et al., 2013) is the heart of the Common neural network models proposed framework and underlying are AlexNet (Krizhevsky et al., 2017), technology can be broadly classified as ResNet (He et al., 2016), VGG (Simonyan classical methods and deep learning & Zisserman, 2015) and MobileNet methods for object detection. (Andrew G. Howard et al., 2009). Classical object detection methods MobileNet provides a class of light- based on VJ algorithm (Viola & Jones, weight models for mobile and embedded 2001) and the (Histogram of gradients vision applications(NVIDIA Jetson Linux + Support Vector Machines) HOG+SVM Developer Guide : Introduction | NVIDIA (Dalal & Triggs, 2005)provide good real- Docs, n.d.) time performance for human detection Detection Method: Locate the position and related approaches have been used of the object in the picture by drawing extensively in real-time people and vehicle a bounding box around the identified detection from UAV images (Gaszczak object. Common detection methods are et al., 2011) Automatic vision-based SSD (Single Shot MultiBox Detector) (W. navigation of a quad rotor embedded Liu et al., 2016), Faster RCNN (Girshick, with a Jetson TX2 processor (Arreola et al., 2015) and (You Look Only Once)YOLO n.d.) uses Haar feature based classifiers (Redmon et al., 2016). SSDs (Biswas et al., for face detection. These algorithms are 2019). implemented in applications using the OpenCV (Open Source Computer Vision, Implementation of these algorithms 2018; Wei et al., 2013). However, many MobileNet SSD is an extension of real time applications of object detection convolutional neural networks that based on classical object detection combines SSD detection method with the methods are quickly being replaced by light-weight MobileNets to give efficient deep learning techniques providing and accurate results for real time object higher detection accuracy.(Zhao et al., detection (Andrew G. Howard, Menglong 2019) Zhu, Bo Chen, Dmitry Kalenichenko, Deep learning algorithms (Krizhevsky Weijun Wang, Tobias Weyand, Marco et al., 2017) provide a higher accuracy Andreetto, 2009; W. Liu et al., 2016)Deep (over 95%) when compared to classical learning algorithms can be implemented

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in application programs by using Tensorflow (Nelli & Nelli, 2018), Keras. (Chollet, 2018), Caffe (Jia et al., 2014), PyTorch (PyTorch, 2019) or MXNet (Chen et al., 2015).

OpenCV implementations of pre-trained models for pedestrian detection using classical algorithms and deep learning algorithms have been implemented in this work, for person detection from real time streaming video from the UAV. Results presented here are based on 50 Experimental details and results for both test executions (takeoff, detect, follow, these methodologies are discussed in and land cycle) of the drone, that took off Section 6. from a stationary platform placed near 6. Experiment and Results the controller laptop. Controller GUI [Fig- ure 3] allows connection to the UAV, send- The proposed flight system has two ing commands for streaming, takeoff, high level modules – a) geo fencing and landing, forward and back movements, location-based take-off and landing up and down movements, clockwise and of the UAV. b) Realtime streaming, anticlockwise movements of the drone. computer-vision based target detection Video from the drone is streamed to a and autonomous navigation of the UAV window on the controller for the exper- to follow the target. This system has iment and subsequently saved for post been experimentally evaluated with experimental analysis and improvement manually controlled take off, with a focus after each run. on automating UAV navigation for target detection and pursuit. All the experiments Standard flight height of 10 meters is of autonomous navigation of the UAV used for the drone during takeoff. Tello to follow a colour coded individual were provides two modes of operation – Slow performed in a real environment in and Fast. Tello specifications suggest that residential community [Figure 4], over the drone flies at 20 mph in the fast mode a period of a couple of months, during and 8 mph in the slow mode. Slow Mode times of the day when there is no traffic with the FOV of 59 degrees is used for all movement and relatively few pedestrian experimental runs of the drone in this and pet movements. work.

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Takeoff and Landing: that returns bounding boxes around all objects detected as humans(pedestrians) in the frame. In our experiments, two state-of-the-art methods – HOG +SVM and MobileNet SSD were employed for person detection and their performance was evaluated based on mean detection speed and mean frames processed per second. In addition, 60 random frames for each detection method, were sampled The modular application framework can be after the experiment and evaluated for customised to easily switch between a Correctness, Completeness and Quality, fully automatic to semi-automatic mode. defined in [Equation 1]. Connecting the controller to the Tello and take-off are manually controlled processes in the experiment, while target detection, navigation and landing are automatically handled by the controller application after initial activation. Geofencing code to automatically start and take-off the drone was not implemented because of the short range (~100 meters) of Wi- Fi connectivity to the drone from the Table 2: Experimental Results of Target controller. For the experiments, the UAV Detection was programmed to land, three minutes HOG+SVM MobileNet after takeoff. SSD Correctness 0.59 0.93 Flight Safety Completeness 0.96 0.98 Quality 0.58 0.92 To ensure an accident-free experiment, Mean Detection 0.36 0.13 the controller checks to see if any human Speed objects in the frame are too close and Mean Frames per 6.38 9.05 prints a warning, in addition to sending Second a command to the drone to move Source: Tello drone experiments detailed in this work backwards. True positives are the number of correctly detected persons, while false positives are Person Detection number of objects that are not humans Incoming real time drone video stream but incorrectly detected as humans. False was processed for pedestrian detection negatives are number of persons that the

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detector missed. In real time target pursuit with an autonomous UAV, it will be necessary to 1) OpenCV’s built in HOG+SVM detector for train a classifier using one of the several pedestrian detection (detectMultiScale) machine learning models discussed in was used with optimal parameters - this work that would identify the target sliding windows of size [4,4], padding of in the object detection step. However, for [6,6] and scale of 1.05, it was observed proof of concept of an autonomous UAV that the average time taken for object for target pursuit, a color-based feature (pedestrian) detection was 0.36 seconds matching was implemented to identify with an average of 6.38 frames processed a single target from potentially many per second. humans detected in the previous step. The sample GUI provides a mechanism Using the MobileNet SSD multibox to select one or more colors that could detector for person detection, it was identify the target’s clothing. Experiments observed that the average time taken for have been conducted primarily on single object (pedestrian) detection was 0.13 color-coded and dual color-coded targets. seconds with an average of 9.05 frames Objects enclosed in bounded boxes are processed per second. [Table 2] filtered by counting the number of pixels Target Filtering based on clothing color of the selected colour(s) in the bounding features box and eliminating targets that have a pixel count below a certain threshold.

If there are multiple pedestrians in the frame that qualify the threshold, the one with largest pixel count is selected as the target to be followed by the UAV [Figure 6].

Steering the drone towards the target

After a target is identified based on the object detection and target filtering steps, the controller application automatically steers the UAV towards the target by estimating rotation angle, distance, and direction to move the drone, to keep the target at the center of the frame. Simple target location estimations based on angular field of view information provided by HalfChromeTM (Half Chrome Drones,

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n.d.) was used along with extensive Logs and Data collected from the experimental trials to identify the Experiment optimum horizontal rotation and steering Detailed logs including complete video for the drone. Tello camera, operating in from the drone during all trial runs, slow mode in all experimental runs, has videos annotated with bounding boxes an angular field of vision of 59 degrees from object detection and tracking, [Figure 5]. custom logs that gather information All images are resized to a width of 600 about processing times for each step in the experiment – streaming, detection, pixels as part of the pre-processing step. filtering, target following, commands X and Y offsets of the centroid of the sent to the drone have been stored for target (to be pursued) from the centroid refining the experiment and controller of the image are computed after target application. detection and filtering. Value of the X-offset determines rotation while size 7. Conclusions and Future Work of the target (width and height of the Can UAV systems equipped with object bounding box) determines the forward or detection and inferencing tools, and backward movement of the drone. a global positioning system (GPS), be If the X-offset is less than -150px, the leveraged to track any unscheduled drone is rotated clockwise by 20 degrees. stops made during the routine prisoner If the X-offset is in the range (-50px, transports for court hearing and automatically launch a pre-planned -150px), the drone is rotated clockwise by surveillance mission to track and follow 10 degrees. Similarly, if the X-offset is in targets? the range (50, 150), the drone is rotated counter-clockwise by 10 degrees (ccw 10) and by 20 degrees if the X-offset is more than 150 pixels. The UAV is moved forward by 150, 120 or 100 cms based on the ratio of target height to frame height of less than 0.1, 0.2 and 0.3. If the ratio of target height to drone height is more than 0.8, the drone is moved backwards by 40 cms. These numbers are based on trial runs of drone heights varying from 5 -10 meters. In the context of the Sambhal incident, These can be computed and optimized this work introduces the hardware for drones flying at a fixed height. and software framework of a low-cost

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autonomous UAV system that can launch, intelligence, could be integrated into and land based on location-based the software framework proposed in this parameters. This integrated system is work, for on-field experimentation from capable of real-time monitoring of the Police vans. vehicle transporting prisoners in judicial The model proposed in this work, can custody, tracking any unscheduled stops be scaled to integrate with UAVs with made during the routine transports for embedded video processing hardware court hearings. Additionally, these smart like Intel Aero Drone and NVIDIA Jetson systems could be trained for target platforms (Overview of the Intel® Aero detection using machine learning models Ready to Fly Drone, n.d.) (Jetson Quick and programmed for autonomous Start Platforms | NVIDIA Developer, n.d.). navigation to pursue detected targets This model also provides flexibility to (criminals), as detailed in this work. move from a server-centric processing to Existing commercial and educational UAVs a predominantly edge-based model with for human target tracking are explored in capability drones (Di Puglia Pugliese et al., detail for cost and deployment capabilities 2016; Y. Liu et al., 2019). in the current context. Software for UAV connector and controller and machine What are the implications of this work for learning algorithms for target detection law enforcement in general? are presented in detail for the proposed While this work targets a particular framework. application of drones for law enforcement Can low-cost proof of concept be designed for jail van transport, the software and for the same to understand its feasibility? hardware framework and detailed technology presented in this manuscript The proposed flight system is has wide applications for any vision based experimentally evaluated using a low- real-time monitoring using drones. Some cost educational drone with a focus on potential applications of this framework real time streaming, target detection for law enforcement are listed below: and auto navigation of the UAV for target t *O UIF KBJMWBO DPOUFYU  UIF VTF PG B pursuit based on clothing colour features. technology-enabled, autonomous, The software systems proposed and real-time monitoring system will experimentally evaluated in this work are enable the safety of accompanying generic in functionality and can be used Police personnel, by preventing to augment any programmable, off-the- their direct exposure to dangerous shelf commercial UAV for autonomous criminals at close quarters. navigation. High-end commercial “follow me” drones that have sensors for obstacle t UAV System Equipped vans for LE: This avoidance and built-in target tracking low budget system has potential to

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turn an existing Police vehicle into a methodology and can serve as a basis smart surveillance system, by using for expert collaboration, sponsorships a UAV, laptop, GPS receiver and and building customized solutions for software stack proposed in this work. smart policing.

t Search and Pursuit Operations: The Suggestions for implementation/future system is modular and extensible and work can be customised for semi-automatic On field experimentation with this or fully automatic search and pursuit proposed framework will require operations and can improve efficiency investigation along the following points: of policing by reducing time taken for search operations. t 5IF 3Z[F 5FMMP ESPOF VTFE JO UIF experiment is limited in Wi-Fi range t Real-time monitoring of people and and flight duration and is sensitive traffic using autonomous drones to small changes in atmospheric deployed at the click of a button, from conditions like wind. Use of a UAV patrol vehicles. like the Parrot Anafi or DJI Phantom t Crowd-monitoring, surveillance and Pro is recommended for on-field tracking of objects/people during experiments. gatherings and festivals using t -BDL PG B (14 NPEVMF JO UIF autonomous drones. educational drone has also been t %SPOFT BSF JODSFBTJOHMZ VTFE GPS identified as a drawback for the aerial surveillance of mining sites and prototype. It will therefore be the framework detailed here can be necessary to incorporate controller tailored to identify illegal mining and features designed in this experiment facial recognition of people involved. into a quadrotor equipped with a GPS module. t 5IF TZTUFN DBO CF FOIBODFE UP support a fleet of drones that can t 6TFSFQSFTFOUBUJWFJNBHFTPGQFPQMF be deployed autonomously as first to train a machine learning model for responders for emergency situations/ custom target detection and evaluate crime scenes, providing quick, classical and modern object detection aerial views and real-time videos for classifiers on the trained model. increased situational awareness and The work presented in this report has been optimal resource deployment. self-sponsored and experiments have t 5IJT XPSL JT TJHOJöDBOU JO JUT OPWFMUZ been conducted in an individual capacity of application and detailed model and has potential for expansion with proposition and experimental better equipped drones and personnel

16 | January-March 2021 Autonomous Intelligent UAV System for Criminal Pursuit – A Proof of Concept

for product research and development. traffic density estimation using Single Shot Detection (SSD)and MobileNet-SSD. 8. Bibliography Physics and Chemistry of the Earth. https:// A Light, R. (2017). Mosquitto: server and doi.org/10.1016/j.pce.2018.12.001 client implementation of the MQTT Chang, M. J., Hsieh, J. T., Fang, C. Y., & Chen, protocol. The Journal of Open Source S. W. (2019). A vision-based human action Software. https://doi.org/10.21105/ recognition system for moving cameras joss.00265 through deep learning. ACM International Andrew G. Howard, Menglong Zhu, Conference Proceeding Series. https://doi. Bo Chen, Dmitry Kalenichenko, Weijun org/10.1145/3372806.3372815 Wang, Tobias Weyand, Marco Andreetto, Chen, T., Li, M., Cmu, U. W., Li, Y., Lin, M., H. A. (2009). MobileNets: Efficient Wang, N., Wang, M., Xu, B., Zhang, C., Convolutional Neural Networks for Zhang, Z., & Alberta, U. (2015). MXNet : A Mobile Vision Applications. Computer Flexible and Efficient Machine Learning Vision and Pattern Recognition. https://doi. Library for Heterogeneous Distributed org/10.1016/S1507-1367(10)60022-3 Systems arXiv : 1512 . 01274v1 [ cs . DC Anti-CAA stir: Delhi Police use drone to ] 3 Dec 2015. Emerald Group Publishing keep track of protesters. (n.d.). Retrieved Limited. https://doi.org/10.1145/2532637 September 5, 2020, from https://www. Chollet, F. (2018). Deep Learning mit indiatoday.in/india/story/anti-caa-stir- Python und Keras: Das Praxis-Handbuch delhi-Police-use-drone-to-keep-track-of- vom Entwickler der Keras-Bibliothek. In protesters-1629729-2019-12-19 MITP-Verlags GmbH & Co. KG. Arreola, L., Gudiño, G., & Flores, G. (n.d.). Dalal, N., & Triggs, B. (2005). Histograms of Object recognition and tracking using oriented gradients for human detection. Haar-like Features Cascade Classifiers: Proceedings - 2005 IEEE Computer Society Application to a quad-rotor UAV. Conference on Computer Vision and Benenson, R., Omran, M., Hosang, Pattern Recognition, CVPR 2005. https:// J., & Schiele, B. (2015). Ten years of doi.org/10.1109/CVPR.2005.177 pedestrian detection, what have we Di Puglia Pugliese, L., Guerriero, F., Zorbas, learned? Lecture Notes in Computer D., & Razafindralambo, T. (2016). Modelling Science (Including Subseries Lecture the mobile target covering problem using Notes in Artificial Intelligence and Lecture flying drones.Optimization Letters. https:// Notes in Bioinformatics). https://doi. doi.org/10.1007/s11590-015-0932-1 org/10.1007/978-3-319-16181-5_47 DJI Phantom 4 review | TechRadar. Biswas, D., Su, H., Wang, C., Stevanovic, (n.d.). Retrieved September 5, 2020, A., & Wang, W. (2019). An automatic

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from https://www.techradar.com/in/ Vision and Pattern Recognition. https://doi. reviews/cameras-and-camcorders/dji- org/10.1109/CVPR.2016.90 phantom-4-1322207/review Hover2 - The Drone That Flies Itself. (n.d.). Fennelly, L. J., & Perry, M. A. (2020). Retrieved September 5, 2020, from Unmanned Aerial Vehicle (Drone) Usage https://zerozerorobotics.com/hover2 in the 21st Century. In The Professional Jetson Quick Start Platforms | NVIDIA Protection Officer. https://doi.org/10.1016/ Developer. (n.d.). Retrieved September b978-0-12-817748-8.00050-x 7, 2020, from https://developer.nvidia. FFmpeg. (n.d.). Retrieved September 6, com/embedded/community/quick-start- 2020, from https://ffmpeg.org/ platforms

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SSD: Single shot multibox detector. Open Source Computer Vision. (2018). Lecture Notes in Computer Science OpenCV: OpenCV modules. OpenCV. (Including Subseries Lecture Notes Overview of the Intel® Aero Ready to Fly Drone. in Artificial Intelligence and Lecture (n.d.). Retrieved September 5, 2020, from Notes in Bioinformatics). https://doi. https://www.intel.com/content/www/us/ org/10.1007/978-3-319-46448-0_2 en/support/articles/000023271/drones/ Liu, Y., Zhu, C., Deng, X., Guan, P., Wan, Z., development-drones.html Luo, J., Liu, E., & Zhang, H. (2019). UAV- Parrot drones - Applications and services aided urban target tracking system based adapted to our drones. (n.d.). Retrieved on edge computing. http://arxiv.org/ September 5, 2020, from https://www. abs/1902.00837 parrot.com/en/apps-and-services Mavic 2 - See the Bigger Picture - DJI. PyTorch. (2019). PyTorch documentation - (n.d.). Retrieved September 6, 2020, from PyTorch master documentation. PyTorch. https://www.dji.com/mavic-2 Randhawa, G., & Narang, K. (2013). Police Mavic Air 2- Specifications - DJI. (n.d.). in India : Reforms and Employment Status Retrieved September 6, 2020, from . The Indian Police Journal. https://www.dji.com/mavic-air-2/specs Redmon, J., Divvala, S., Girshick, R., & Nelli, F., & Nelli, F. (2018). Deep Learning Farhadi, A. (2016). You only look once: with TensorFlow. In Python Data Analytics. Unified, real-time object detection. https://doi.org/10.1007/978-1-4842- Proceedings of the IEEE Computer Society 3913-1_9 Conference on Computer Vision and Pattern New Release HS720E| Upgrade Image Recognition. https://doi.org/10.1109/ Performance to Professional Level! CVPR.2016.91 (n.d.). Retrieved September 6, 2020, SDK 2.0 User Guide 2. (2018). https:// from http://holystone.com/en/blog/ dl-cdn.ryzerobotics.com/downloads/ ChooseYourDrone/AntiShake4KDrone. tello/20180222/Tello3.py. html Sermanet, P., Kavukcuoglu, K., Chintala, S., NVIDIA Jetson Linux Developer Guide : & Lecun, Y. (2013). Pedestrian detection Introduction | NVIDIA Docs. (n.d.). Re- with unsupervised multi-stage feature trieved September 5, 2020, from learning. Proceedings of the IEEE Computer https://docs.nvidia.com/jetson/l4t/ Society Conference on Computer Vision index.html#page/Tegra%2520Linux- and Pattern Recognition. https://doi. %2520Driver%2520Package%2520De- org/10.1109/CVPR.2013.465 velopment%2520Guide%2Fintroduction. html%23 Simonyan, K., & Zisserman, A. (2015). Very

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deep convolutional networks for large- under-trial prisoners, three criminals flee scale image recognition. 3rd International custody - Republic World. (n.d.). Retrieved Conference on Learning Representations, September 5, 2020, from https:// ICLR 2015 - Conference Track Proceedings. www.republicworld.com/india-news/ law-and-order/two-up-cops-killed-in- Skydio 2TM – Skydio, Inc. (n.d.). Retrieved sambhal-after-miscreants-attack-jail-van- September 6, 2020, from https://www. escorting-under-trial-prisoners-three- skydio.com/pages/skydio-2 criminals-flee-custody.html Tanzi, T. J., Chandra, M., Isnard, J., Viola, P., & Jones, M. (2001). Rapid object Camara, D., Sebastien, O., & Harivelo, detection using a boosted cascade of F. (2016). TOWARDS “DRONE-BORNE” simple features. Proceedings of the IEEE DISASTER MANAGEMENT: FUTURE Computer Society Conference on Computer APPLICATION SCENARIOS. ISPRS Annals Vision and Pattern Recognition. https://doi. of Photogrammetry, Remote Sensing and org/10.1109/cvpr.2001.990517 Spatial Information Sciences. https://doi. org/10.5194/isprsannals-iii-8-181-2016 Wei, Y., Tian, Q., & Guo, T. (2013). An improved pedestrian detection Tello. (n.d.). Retrieved September 6, 2020, algorithm integrating haar-like features from https://www.ryzerobotics.com/tello and HOG descriptors. Advances in Tezza, D., & Andujar, M. (2019). The Mechanical Engineering. https://doi. State-of-the-Art of Human-Drone org/10.1155/2013/546206 Interaction: A Survey. IEEE Access, 7, YUNEEC Breeze 4K | Mini selfie drone - Yuneec. 167438–167454. https://doi.org/10.1109/ (n.d.). Retrieved September 6, 2020, from ACCESS.2019.2953900 https://www.yuneec.com/en_US/products/ breeze/overview.html Three escape from prison van in Sambhal: Gun used to kill constables sneaked in at YUNEEC Typhoon H Plus | Hexacopter with 1” 4K court, says Police | India News,The Indian camera - Yuneec. (n.d.). Retrieved September Express. (n.d.). Retrieved September 6, 2020, from https://www.yuneec.com/ 5, 2020, from https://indianexpress. en_GB/camera-drones/typhoon-h-plus/ com/article/india/three-escape-from- overview.html prison-van-in-sambhal-pistol-used-to- Zhao, Z. Q., Zheng, P., Xu, S. T., & Wu, X. kill-constables-sneaked-in-at-court- (2019). Object Detection with Deep Learn- Police-5836870/ ing: A Review. In IEEE Transactions on Neural Two UP cops killed in Sambhal after Networks and Learning Systems. https://doi. miscreants attack jail van escorting org/10.1109/TNNLS.2018.2876865

20 | January-March 2021 Development of Scale for In-charge Police Officers’ Performance The Indian Police Journal @BPRD, MHA 1 BPRD Publication DCP Rajkumar Shinde www.bprd.gov.in Dr. Supriya Patil2

Abstract Due to growing socio-political importance of law enforcement agencies, the domain of performance management in Police force has gained serious research interest. This paper is an attempt to develop a scale comprising various antecedents of task performance and job satisfaction of in-charge Police officers (API, PI, and Senior. PI) in Indian context. A well- structured questionnaire was developed and tested on a sample of in-charge Police officers from selected ranges of State (n=107). Exploratory factor Analysis resulted into extraction of four factors (Emotional Factors (EF), Working Conditions (WC), Perceived Organisation Support (POS) and Occupational Stress (OS)), accounting for 47% of total variance. The revised conceptual model theorises that, these four factors emerged acts as antecedents of Task Performance (TP) and Job Satisfaction (JS) of in-charge Police officers. Validating this scale on a larger sample for generalisation of the results would be the future agenda of research. A comprehensive coverage on various determinants of task performance and job satisfaction amongst in-charge Police officers can be considered as one of the major contributions of this study.

Keywords Police performance, occupational stress, perceived organisational support, task performance, working conditions, job satisfaction.

1. Introduction: Law enforcement agencies used are largely primitive and based on play a vital role in terms of managing top down approach of management and daily affairs in an economy and works as command & control culture. In order to the watchdog for potential terror attacks bring in the much needed performance or unrest inside the country. Despite socio based evaluation system in the Police political importance of this department, force, leaders such as Shane (2010) the performance management systems developed a customised performance Author’s Intro: 1. PhD Scholar, Savitribai Phule University, Pune, Maharashtra 2. Associate Professor, PUMBA, Savitribai Phule Pune University, Pune, Maharashtra

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evaluation system, catering to the specific study, API (Assistant Police ), requirements of the Police organisations. PI (Police Inspector), Sr. PI (Senior Police McDonald (2004) developed Comp Inspector) were considered as the sample Stat, the mechanism for information respondents. The India-specific scale assimilation on crime and effective development for determinants of two patrolling to control the crime rate, which performance outcomes (job satisfaction is still effective in many advanced Police and task performance) would be the major departments such as NYPD (New York contribution from this research activity. Police Department). As a part of the future research agenda, the validated scale would be tested on a Based on the literature review, we found a larger sample size to check the suitability consensus amongst researcher fraternity of the model for generalising the results. over various determinants of Police personnel’s performance outcomes. 2. Literature Review: In order to study Antecedents such as occupational stress, various determinants of task performance, working conditions, work-family conflict job satisfaction amongst the Police and emotional factors were found to have officers, a systematic review of the significant impact on task performance, existing knowledge base was conducted. job satisfaction and possibility of burnout 64 full text peer reviewed research papers amongst Police personnel. were chosen for the study of various Although studies such as Roy et al. dependent and independent variables. It (2016), Lambert et al. (2015), Suresh et is to be noted that, the studies which have al. (2013) and Sundaram and Kumaran majority of the focus on determinants (2012) explored various determinants of of performance and satisfaction were performance outcomes amongst Indian considered for the review. The details are Police force, there seems to be a lack of as follows: India-specific scale which considers the 2.1 Working Conditions: Working effect of all possible determinants of conditions refer to all factors relating the performance outcomes in a single with the work environment which has an construct. impact on an employee’s performance. This research paper aims at exploring all Panigrahi (2018) concluded that, Working factors considered as determinants of conditions (long duty hours, frequent task performance and job satisfaction changes in duty timings), organisational amongst personnel of law enforcement support (inadequate support from the agencies. Based on existing literature seniors and lack of adequate support from a conceptual model is developed, the family) are the major causes of stress. which would be empirically tested for Yadav (2017) conducted a survey on the statistical significance. For the said Police personnel in Delhi-India to explore

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the causes of work deviant behaviour. It of workplace support such as role was observed that, excessive working overload, role ambiguity and physical hours, stressful nature of the job do exert environment. This study claimed that, the a lot of pressure on Police force. Lack of lack of workplace support would result in sufficient sleep time was also recorded by depression, negative perception about the respondents. These all factor result in the organisation, leading to impact such occupational stress and in tune impact the as deterioration of health conditions work performance. The spill-over effect of and lower level of job satisfaction. Tyagi professional and personal duties forces and Dhar (2014) studied the impact of the officers to complete their personal organizational politics, work overload tasks during office timings, resulting in and perceived organisational support work deviant behaviour. on stress and health of the sub-inspector rank Police officers. It was found that, the 2.2 Work Family Conflict:Lambart et al. first two factors have negative impact on (2019) conducted a survey to explore the health and thus lead to stress while, linkage between work-family Conflict organisational support helps the officers and Job Burnout among Indian Police to relive the stress. Officers. It was concluded that, various aspects of work-family conflict has a spill 2.4 Emotional Factors: Bakker and Heuven over effect on health and does result (2006) studied emotionally demanding in severe stress. This study also found interactions, as a part of the job profile that, the work family conflict does result and its impact on emotional dissonance in emotional exhaustion. Bano (2011) and in tune on in-job performance. A found that, the lesser time available for sample of 108 nurses and 101 Police family acts as one of the major stressors officers was drawn to test the proposed amongst Indian Police officers along with relationships. The statistical results lower remuneration, lack of government indicate a strong impact of emotionally support and excessive work pressure. challenging situations faced as workplace The spill-over effect of excessive work on perceived emotional dissonance. pressure on time spent with family was Later, emotional dissonance was found to found to be evident. be predicting job performance.

2.3 Perceived Organisational Support: 2.5 Occupational Stress: Selye (1946) defined Goswami and Burman (2015) measured stress as “the nonspecific reaction of the the moderating impact of workplace body to any type of demand.” Occupational support on job satisfaction and stress and its impact or the determinants psychological well-being among Police of this stress is being studied by various officers in a study conducted in India. The researchers in different contextual and author considered three determinants occupational settings. Shanmugpriya

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(2018) explored relationship between 3. Conceptual Framework: Based on these personal factors and its impact on stress identified factors and relationships, amongst Police officers in Tamilnadu. the conceptualised framework for The study concluded that, the female determinants of job satisfaction and task Police workers have greater amount performance amongst Police officers was of stress, when compared with their formulated. Based on various researches, male counterparts. Seolkar et al. (2011) five determinants of Police performance explored determinants of occupational outcomes such as working Conditions stress amongst Indian Police force and (WC), Work-Family Conflict (WFC), found that, organisational support Perceived Organisational Support (POS), elements such as criticism by superiors, Emotional Factors (EF) and Occupational improper reward system, the feeling of Stress (OS) were proposed having impact being inadequately valued for abilities on Police officers’ task performance and and commitments play an important role job satisfaction. The proposed framework in building up stress amongst the force. is presented as Figure 1.

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4. Instrument Development Process: draft instruments were sent to ten A critical analysis of literature review researchers (5 senior ranked officers from provides us evidence of various scales (Above ACP grade) used for conducting research on variables and 5 academic researchers from Human identified. Some previous researchers resources domain (with expertise in used already validated standard scales performance management). The expert or modified the existing scales by opinion was sought from other senior making contextual adjustments. Those Police officers and no remuneration was adjustments or customisations are offered to them for their expert advice. based on requirements of particular Similarly academic scholars working geographical situation or other on performance management were demographic details of the targeted consulted for their inputs on the draft population. questionnaire.

4.1 Scaling procedure: A synthesis paper All the experts were briefed about the by Shinde and Patil (2019) presented an objectives of the said study and the overview of existing studies on Police rationale behind selecting these variables performance; which includes stress and were explained to them. They were its key determinants (along with various requested to rank various statements on other related elements). Taking a clue the basis of perceived importance felt by from this research, a conceptualised them. They were requested to rank the model for occupational stress was most significant statement as 1 and other developed. For developing a new statements on the basis of descending scale, all papers which studied various order of importance. (1 = most significant determinants such as Occupational and last being the least significant). stress, perceived Organisational Support Ranking given by all experts was collated (POS) and Working Conditions (WC), Work through MS Excel and necessary changes Family Conflict (WFC), Emotional Factors suggested in statement design were (EF) were collated together. Studies such incorporated. The mean ranking for each McCreary and Thompson (2006), Hall of the statement was calculated and et al. (2010), Mostert and Rothmann statements getting a mean score, higher (2006) and Lambart et al. (2015) were than half of total number of statements analysed to pool in the statements used were considered. for the selected factors. After pooling all 4.3 Conceptualised scale: Based on relevant items from various scales, a draft scaling procedure, items pertaining to questionnaire was developed. selected determinants were collated 4.2 Expert Opinion Method: In order to from the previously validated scales. achieve face and content validity, the Based on the inputs by the senior Police

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officers, necessary changes in wording instruments stands for the consistency of the instrument were incorporated with which, an instrument is able to and the draft questionnaire with 42 measure, what it is supposed to measure. items pertaining to seven variables was According to Peter (1979), Reliability is prepared. The scale and determinant- ‘the degree to which measures are free wise item count is shown as Table 1 from error and therefore yield consistent results’. Index of reliability was introduced Table 1: Proposed Scale and determinants by Cronbach (1951). This seminal work Sr. Variable No. Of developed a formula which could be Items applied throughout a variety of tests 1 Working Conditions 7 and other measurement instruments 2 Work-Family Conflict 6 3 Perceived Org. Support 4 - gaining an enormous amount of 4 Emotional Factors 6 popularity among practitioners, which 5 Occupational Stress 5 is called as Cronbach’s Alpha. For the 6 Job Satisfaction 6 questionnaire of 42 items, overall 7 Task Performance 8 Total Items 42 instrument reliability stands at 0.806, which is higher than the threshold limits 5. Data Analysis: The sample size foe pilot (0.7 and above) prescribed by Nunally study was selected in such a manner that, (1967). This reliability coefficient indicates it would have adequate representation that, the instrument is appropriate for of the target population. Data was data collection and analysis on for larger collected from 114 respondents (in- sample size. charge Police station officers) from selected commissionarates (, Table 2: Construct wise reliability Pune, and Thane). Out of the obtained Sr. Variable No. Of Reliability data, 7 incomplete sets were dropped Items and 107 questionnaires were utilised for Working 1 70.829 the pilot study analysis. Out of the total Conditions respondents, 83% are graduates while Work-Family 2 6 0.696 14% have post graduate degree. 96% of Conflict the respondents are male and 91% of the Perceived 3 4 0.833 respondents belong to Hindu religion. Org. Support Emotional For the sample, the average no. of years 4 60.724 in service stands at 22 years while, the Factors Occupational average tenure as a Police station in- 5 50.675 Stress charge officer stands at 7.5 years. Job 6 6 0.809 5.1 Reliability Analysis: Reliability of the Satisfaction

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Task indicator tells us the common variance 7 80.911 Performance amongst the variables included in the Overall Reliability 0.806 score study. High value of KMO that is between

Construct wise reliability indicates the 0.5 and 1 indicates the appropriateness reliability quotient calculated for each of of the factor extracted. The results of KMO the variable used in the research model. Except statements pertaining to work- test and factor analysis are as follows, family conflict and occupational stress, all other variables scores above the threshold Table 3: KMO Results of 0.7 prescribed by Nunally (1967). Since these two constructs stand marginally KMO and Bartlett's Test lower than prescribed threshold, were Kaiser-Meyer-Olkin Measure of 0.806 considered for further analysis. Sampling Adequacy. Bartlett's Test of Approx. 1734.2 5.2 Exploratory Factor Analysis (EFA): EFA Sphericity Chi- is a statistical technique used to reduce Square the data to a smaller set of summary Df 378 variables and to explore the underlying Sig. 0.000 theoretical structure of the phenomena. This technique helps the researcher to The KMO indicator for the study stands at unearth the latent structure underlying 0.806, which is within acceptable range a large set of data. Although, there are various methods under EFA, Principal as per the KMO threshold prescribed Component Factor Analysis (PCA) was by Cemi and Kaiser (1977). Bartlett’s used in this research. Under PCA, factors are arranged according to the descending test of Sphercity is a measure to prove order of variance explained. This means, a significant relationship among the the first component denotes maximum variance and so on. variables considered under the study. According to this indicator, value of For factor extraction, five independent variables with 28 corresponding items significance below 0.05 is considered were considered. EFA was conducted to be the fit (Pavlou; 2007). As the data by using Varimax rotation and the factors were extracted through rotated analysis indicates Bartletts Test of component matrix.KMO (Kaiser Meyer Sphericity value as 0.00, data is suitable Olkin Measure of Sampling Adequacy) is used as a measure of adequacy. This for statistical analysis.

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Table 4: EFA Results

Total Variance Explained Comp Initial Eigenvalues Extraction Sums of Rotation Sums of Squared Squared Loadings Loadings Total % of Cumula- Total % of Cumula- Total % of Cumula- Vari- tive % Vari- tive % Vari- tive % ance ance ance 1 9.494 33.906 33.906 9.494 33.906 33.906 4.298 15.349 15.349 2 2.234 7.978 41.884 2.234 7.978 41.884 3.932 14.042 29.391 3 1.973 7.048 48.932 1.973 7.048 48.932 2.841 10.147 39.538 4 1.481 5.288 54.220 1.481 5.288 54.220 2.232 7.972 47.510 5 1.402 5.009 59.229 1.402 5.009 59.229 2.206 7.880 55.389 6 1.280 4.570 63.799 1.280 4.570 63.799 1.764 6.301 61.690 7 1.067 3.811 67.610 1.067 3.811 67.610 1.658 5.920 67.610 Extraction Method: Principal Component Analysis. Based on the EFA results, four factors factor contributes 15.3% variance. were extracted, accounting for 47.5% of Factor 2: Working Conditions: In the total variance. Since the last three consensus with previous studies such factors could not meet the criteria of as Panigrahi (2018), working conditions minimum three items above 0.5 rotated was extracted as one of the strongest loading, these factors were dropped from factor with contribution of 14.0% to total the analysis. Details about four factors variance explained. Working condition emerging out of the process are as follows: includes all aspects related with a Police Factor 1: Emotional Factors (EF)- officer’s job profile and subsequent Emotional Factor includes all traumatic problems associated with it. Since there is situations a Police officer has to face as under staffing in Indian law enforcement a part of job profile. Delivering a death domain, necessity to perform office duties message to the deceased person’s even on public holidays or weekly offs, lack relatives, taking reporting of a road of time for physical activity or exercise, accident or death coupled with perceived handling excessive administrative duties are combined under working conditions. insufficient support from family and Most importantly, inadequate time to friends exert emotional pressure on a have a meal is also a part of Police officer’s Police officer. Since the job of a Police working conditions, which sounds an officer comes under the RTI (Right to alarming situation. Information Act), there is always a mental pressure of possibility of an enquiry by Factor 3: Perceived Organisational the department. These all factors exert Support (POS)– extraction of POS as one emotional pressure on a Police officer. The of the major possible determinants of a

28 | January-March 2021 Development of Scale for In-charge Police Officers’ Performance

Police officer’s performance is in line with The revised scale is presented in Appendix. the results obtained by Maina & Waithaka 6. Conclusions and Discussions: This (2017) and Rich (2010). POS includes research paper aimed at developing and all factors demonstrated by the top management or immediate superior of a validating a scale for determinants of two Police officer, which may have a positive performance outcomes (job satisfaction or negative impact on job performance. and task performance) amongst Police The respondents argued that, excessive personnel in India. A conceptual time taken by the seniors on important framework was proposed and draft matters, doing something as per the questionnaire was tested on a sample of senior’s orders, even though it is against 107 in-charge Police officers from selected own wish and differential treatment given commissionarates in Maharashtra state- to different officers has definitely got an India. The instrument reliability stood at impact on morale of a Police officer. This 0.806, well above the prescribed threshold factor accounts for 10.1% of total variance. of 0.7 by Nunnaly (1967).In order to unearth latent structure underlying the Factor 4: Occupational Stress (OS)- data, EFA (Principal Component Factor Emergence of Occupational Stress is Analysis with Varimax Rotation) was also in line with previous studies such as Shanmugpriya (2018), which found stress performed. Using rotation loading, four to have an impact on performance of factors were extracted. Factors such as Police officers in India. Vanishing interest (Emotional Factors, Working Conditions, to perform a job, perceived a feeling of Perceived Organisational Support and working on one of the most stressful jobs Occupational Stress) were extracted, in the world, feeling like going home in accounting for 47.5% of total variance the middle of the duty are included in explained. Based on the results of factor this factor. It contributes 7.9% to the total analysis, a revised conceptual model was variance explained. proposed, which is presented as below. Figure 2: Revised Conceptual Framework

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The conceptual model theorises that, 5. Goswami, T. G., & Burman, R. Working conditions (WC), Emotional (2015). Impact of Work stress on Factors (EF), Perceived Organisational Job satisfaction and Psychological Support (POS) and Occupational Stress wellbeing amongst Police Officers: (OS) would act as determinants of Task Workplace Support as Moderator. Performance (TP) and Job Satisfaction (JS). International Journal of Engineering Although, there have been attempts in Technology, Management and the western world to explore performance Applied Sciences. 257-263 determinants of Police officers, their 6. Lambert, E. G., Qureshi, H., Hogan, N. L., applicability in Indian scenario has Klahm, C., Smith, B., & Frank, J. (2015). limitations, considering differences in The association of job variables with working conditions. As a result, this job involvement, job satisfaction, and research work is expected to propel organizational commitment among further investigation in performance of Indian Police officers. International law enforcement agencies in India. The Criminal Justice Review, 25(2), 194- revised conceptual framework would be 213. tested on a larger set of respondents, to check the model fit and generalisation of 7. Lambert, E. G., Qureshi, H., Keena, the findings. L. D., Frank, J., & Hogan, N. L. (2018). Exploring the link between work- 7. References and Citations family conflict and job burnout 1. Bakker, A. B. & Heuven, E. (2006). among Indian Police officers. The Emotional dissonance, burnout, and Police Journal, 0032258X18761285. in-role performance among nurses 8. McCreary, D. R., & Thompson, M. and Police officers. International M. (2006). Development of two Journal of Stress Management, 13(4), reliable and valid measures of 423. stressors in policing: The operational 2. Bano, B. (2011). Job stress among and organizational Police stress Police personnel. IPEDR, 4, 290-3. questionnaires. International Journal of Stress Management, 13(4), 494.. 3. Cerny, C.A., & Kaiser, H.F. (1977). A study of a measure of sampling adequacy for 9. McDonald, P. P. (2004). Implementing factor-analytic correlation matrices. CompStat: Critical points to Multivariate Behavioral Research, consider. Police Chief, 71(1), 33-37. 12(1), 43-47 10. Mostert, K., & Rothmann, S. (2006). 4. Cronbach, L. J. (1951). Coefficient Work-related well-being in the South alpha and the internal structure of African Police Service. Journal of tests. psychometrika, 16(3), 297-334. Criminal Justice, 34(5), 479-491.

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11. Nunnally, J. C., & Bernstein, I. H. (1967). 18. Shane, J. M. (2010). Performance McGraw-Hill series in psychology. management in Police agencies: Psychometric theory. New York, NY, a conceptual framework. Policing: US: McGraw-Hill. An International Journal of Police Strategies & Management, 33(1), 6-29 12. Panigrahi A.(2018). A Study on Job Satisfaction of Women Police Working 19. Shanmugapriya, E. (2018). “Job stress In Ganjam District, , India. and stress management among Police International Journal of Humanities officers in Tamilnadu.” IJMR, 8(9). and Social Science Invention (IJHSSI), 20. Sharma, J., Dhar, R. L., & Tyagi, 7(!), 63-67. A. (2016). Stress as a mediator 13. Pavlou, P. A., Liang, H., & Xue, Y. between work–family conflict and (2007). Understanding and mitigating psychological health among the uncertainty in online exchange nursing staff: Moderating role of relationships: A principal-agent emotional intelligence. Applied perspective. MIS quarterly, 105-136. Nursing Research, 30, 268-275.

14. Peter, J. P. (1979). Reliability: A review 21. Shinde, R., Patil, S. (2019)Synthesis of of psychometric basics and recent Existing Literature on Performance marketing practices. Journal of Management in Law Enforcement marketing research, 16(1), 6-17. Agencies. International Journal of Management Studies, 4(2). 15. Roy N, Maheshkumar K, Indira K. (2016). Assessment of Psychological 22. Sundaram, M. S., & Kumaran, M. J. (2012). Stress among Female Police Personnel A study on coping strategies among in . IOSR Journal of Dental and Police constables. International Medical Sciences (IOSR-JDM. .Volume Journal of Management, IT and 15, Issue 10 Ver. VI, PP 64-66. Engineering, 2(12), 153.

16. Selokar, D., Nimbarte, S., Ahana, 23. Suresh, R. S., Anantharaman, R. N., S., Gaidhane, A., & Wagh, V. (2011). Angusamy, A., & Ganesan, J. (2013). Occupational stress among Police Sources of job stress in Police work in personnel of Wardha city, India. The a developing country. International Australasian medical journal, 4(3), Journal of Business and Management, 114. 8(13), 102.

17. Selye, H. (1946). The general 24. Yadav, P. (2017). Role of Organizational adaptation syndrome and the Stress on Work Deviant Behavior: diseases of adaptation. The journal of Study on Delhi Police. Psychology in clinical endocrinology, 6(2), 117-230. India, 16.

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25. Maina, P. M., & Waithaka, P. (2017). 4. No. of Years of Service as Police station Effect of on-The-Job Training on head. (For ex. 7) Performance of the Kenya Police 5. Education Service. IOSR Journal of Business and Management (IOSR-JBM), 19, 64-71. A. Undergraduate B. Graduate C. Post Graduate D. Above Post Graduate 26. Rich, B. L., Lepine, J. A., & Crawford, E. R. (2010). Job engagement: Antecedents 6. Gender and effects on job performance. A. Undergraduate B. Female Academy of management journal, 53(3), 617-635. 7. Marital Status

27. Selokar, D., Nimbarte, S., Ahana, A. Married B. Unmarried C. Cant S., Gaidhane, A., & Wagh, V. (2011). Disclose Occupational stress among Police 8. Are you suffering from any disease? Tick personnel of Wardha city, India. The multiple if you are suffering from more Australasian medical journal, 4(3), than one disease 114. A. Blood pressure Appendix B. Heart Disease Revised Scale C. Diabetes D. Any other disease This survey is designed for understanding E. No Disease factors which impact on performance of in-charge Police officers. Kindly fill in this 9. Religion questionnaire by taking some time out from A. Hindu your work. Your details and opinions would B. Muslim be kept confidential and would be used for C. Buddhist academic purpose (PhD) only. -DCP Rajkumar D. Others Shinde- PhD Student, Savitribai Phule Pune 10. Please rate following statements based University. on your views 1. Name of the officer: CD= Completely Disagree (1) D= Disagree 2. Police Station: (2) SD= Somewhat Disagree (3)

3. No. of Years in Service in Police department N=Neutral (4) SA= somewhat agree (5) (Overall). Write in numbers (For ex. 13) A=Agree (6) CA=completely agree (7)

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Statement CD D SD N SA A CA I need to do office work or duties on holidays or weekly offs, which is stressful Not enough support from family and friends is a cause of concern for me I feel that I am working on one of the most stressful jobs in the world I have been getting promotion as per my qualification and experience My supervisor takes into account my wishes I do not shy from taking responsibility of the situation I like to pick up the tasks which are challenging in nature There is always a lack of time for physical activity I always accept feedback from seniors or colleagues and ready to make necessary changes I feel proud of working in this Police department I make sure that my knowledge and skills would be up to date I am good at planning and organizing my work I always feel that, I am on a job 24*7 Taking an road accident report/crime report (Panchnama) is a painful activity My interest in my work has almost vanished I feel that I have an opportunity to present my problems to the seniors in Police department Handling Traumatic events (motor vehicle accidents, deaths creates a pressure on me I always keep the citizen's interest as my target behind every work activity I feel that the different rules apply to different people in Police force Everyday, I feel stressed to perform my duties I always make sure that, spirit of teamwork would always remain in my team Time taken by seniors to take a decision on important matters creates a pressure I have full confidence in the management of Police department Delivering a death message/accident news to victim's family members puts a stress on me

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Statement CD D SD N SA A CA I feel that my job is reasonably secure as long as I do good work Missing a meal timings or no time for food is an integral part of my job All my work activities are result oriented Police job has excessive administrative duties (court visits, escorting) I feel that I always have to prove myself to the organization Many a time, I feel like going home in the middle of the duty There are too many rules and red tapism in working of the Police department Being a Police officer, there are always restrictions on my social activities (attending parties etc) I am worried about health issues such as back pain, high blood pressure etc. Sometimes I need to do things by orders from seniors, even though I do not agree to it. There is an unequal sharing of work responsibilities in department Fear of a Internal investigations/inquiry always bothers me

34 | January-March 2021 The Role of Science & Technology in Law – Enforcement The Indian Police Journal @BPRD, MHA BPRD Publication * K V Thomas www.bprd.gov.in

Abstract The paper, while examining the multidimensional impact created by the technological innovations on the functioning of Police, argues that the present internal security scenario in the country emphasises the need for wider application of new technologies in the field of investigations. It points out that criminal justice can be made more effective by relying on scientific evidence. Delineating the details of the latest technologies in the IT/Cyber space and the forensic world, the paper cites that some of these technologies had been found highly potential in cracking complex cases of multiple nature for which a number of case studies have been incorporated. The legal status and admissibility of forensic and scientific evidence produced through various new methodologies and techniques have been discussed by citing decisions in leading cases connected with such issues/matters. The paper also discusses the major factors impacting the Judiciary not to accept forensic or scientific evidence in many cases. On identifying the main reasons, the writer comes out with a set of suggestions about improving the overall functioning of the criminal justice system particularly the forensic institutions, which inter-alia include: proper strategizing of technology application in the system, enhancement of professional skills and knowledge of key players of the criminal justice system for effective application of new technology, co-ordination and synergy among Police, forensic experts and prosecutors for better appreciation of forensic and scientific evidence, improvement in the functioning of forensic and scientific establishments ensuring adequate manpower, infra-structure, logistics/ resources etc.

Keywords Science & Technology, Enforcement Security emphasizes, Scientific Evidence, Methodologies, Forensic and Criminal Justice System. Introduction forensic experts, scientists and technicians In modern world when the organised crime spend countless hours to analyse vital clues and the criminal syndicates adopt innovative or evidence that would help to reach the and ingenious techniques to commit crime, actual perpetrators of such crimes. Almost Author’s Intro: * Assistant Director (Retired), IB.

January-March 2021 | 35 The Indian Police Journal all disciplines of science including physical in solving general problems of policing’2. and life sciences, computer science and Thus, researchers like Lawrence Sherman cybernetics substantially contribute to the came out with innovative schemes modern methods of criminal investigation. or mechanisms like‘Evidence-based No doubt, science & Technology has policing’- basically a ‘law-enforcement become the most potential professional perspective and philosophy that tool of investigators and detectives. But the implicates the use of research, evaluation, crucial question is how far these tools have been effectively used by Law enforcement analysis, and scientific processes in law- 3 agencies to professionalise the forces in order enforcement decision making’ . The core to enhance their competence and to meet element of this mechanism was that the the myriad of challenges in the core areas of information from systematic or scientific policing? research as well as rigorous crime analysis should be regularly used and generated The governments and Police forces by the Police to make both strategic and world-over have extensively discussed tactical decisions. such questions especially when the Law Enforcement agencies were subjected Sherman’s works had evinced a lot of to public criticism for their omissions interest among other researchers and law and commissions. For example, during enforcement functionaries. Cynthia Lum & 4 most of the 20th century especially in the Christopher S Koper examined Evidence- late 1960s, American law enforcement based policing’ on a multidimensional had come under persistent pull and level and established the inter-relationship pressure on lack of ‘professionalism’. The between science/ technology and policing professionalization of policing through in general. They had conceptualized radical reforms had become a core issue. three important dimensions namely, The report of US President’s Commission environmental, process and core or output. on Law Enforcement and Administration The environmental dimension basically of Justice (1967)1 highlighted that the focuses on the changes in the environment Police and the Law Enforcement agencies or the society including the profile of crimes suffered a gap between their working and criminals,and the role of science and procedures on the one hand and the technology in dealing with such changes. Science and technology on the other. The The second one is the process dimension Commission observed; ‘Of all the agencies, in which the science and technology have the Police traditionally have had the closet greater impact in influencing the Police ties to the Science and technology, but functions or operations. Naturally, this they have called on scientific resources requires structural changes and adoption primarily to help in the solution to specific or adjustment in the working procedures in serious crimes rather than for assistance the organization. Finally, the output or core

36 | January-March 2021 The Role of Science & Technology in Law –Enforcement dimension demonstrates the need for better breadth of the country. The Mumbai synergy between the Police and the science/ bomb-blast (1993), attack on Indian technology to achieve success in core areas parliament (2001) and 26/11 Mumbai of policing. terror-strike, just like 9/11 attack on World Trade Centre (WTC), had attracted Despite such efforts to professionalize the serious attention and concern of the Police through better application of comity of nations fighting against global science and technology in the day terrorism. to day functioning of Police, Law enforcement system has not attained Cross-border terrorism and infiltration the desired changes in many countries. of ‘Fedayeen groups’ (suicide squads) The best example is the recent case of targeting vital installations and sensitive deathof George Floyd, a 46-year-old establishments had added new black American man in Minneapolis, dimensions to the law and order scenario. Minnesota, during an arrest. One main There was a steady inflow of sophisticated criticism was that instead of making the weapons, a wide range of explosives, and Police more scientific and tech savvy, explosive devices from external sources ‘Police today function more like domestic with a network of agents and dealers. soldiers, using techniques and equipment Very often nexus existed between such designed for battle, than community syndicates and other organized crime like peacekeepers.5 smuggling, peddling in drugs and human trafficking. The technology oriented The main focus of this paper is to bring sophisticated crimes like white-collar, out such bottlenecks in the operation computer-manipulated, drug-related, of law enforcement agencies at Bank-Insurance-Credit Card frauds, multidimensional level. Much of the money laundering and rigging up share empirical data as incorporated in this prices had shown an upward trend. The study is related to India’s scenario. Let us organised smuggling of gold and other examine the environmental dimension contraband using ‘Hawala’ channels led of policing in India. The changes that to the emergence of a parallel Economy had occurred in the Indian environment with circulation of a large quantum of during the last few decades were black money. unprecedented. The challenges in the internal security and law enforcement The organized terror and mercenary scenario were manifold. The different groups are keener to harness or exploit shades of terrorism and extremism had advancements in the areas of Science and virtually terrorised the nation through technology in perpetrating their dastardly series of bomb blasts, killings and other actions. Intelligence inputs indicate that holocausts throughout the length and some of these groups are seriously trying to

January-March 2021 | 37 The Indian Police Journal lay their hands on nuclear materials or the For example, the ‘Technical intelligence’ (Tech- chemical or biological weapons. The ‘cyber- int.) has become a mainstay of intelligence crimes’ and ecological crimes such as illegal and law enforcement agencies to get into the disposal of and trafficking in hazardous impregnable terror network such as ‘al-Qaeda’ wastes or illicit implantation of genetically or its affiliates. The Artificial intelligence has engineered organisms in the environment now emerged as one of the most potential have opened new technology- oriented tools of security and enforcement agencies. challenges to Police. The spread of pandemic A number of covert and technology based ‘COVID-19’ in the country is the latest of the operations are getting popular in different environmental dimension or challenge of areas of policing. The surveillance system and Police, in which the Police personnel, just like intelligence gathering mechanisms are clear medical personnel are in the forefront of the examples. The use of Closed Circuit Television (CCTV) at open and public places in order to fight against the pandemic, risking their own identify the violators of law has now become life. very common in many parts of the country This leads us to the process dimension especially urban areas. One noteworthy trend which essentially requires radical changes in is that the Community organisations and working procedures in tune with newtrends Residential Associations extend full support or challenges in the law enforcement front. to Police in such proactive endeavours. The conventional policing methods or Similarly techniques such as interception of procedures were found to be less successful digital communications, Call Data Record in countering the threat of organized crimes (CDR) analysis etc. have been widely used for like terrorism or extremism especially in view investigation of wide range of offences. The of the sophistication and ingenuity attained wide application of such technologies by a by the operators. The alternative, no doubt, is professionally elite force facilitates a better better application of science and technology. evidence gathering process in the case of That is why, Justice (retired) V S Malimath organized crimes and other serious offences. of the , who headed Essentially, the output or core dimension of the Police in any country depends much a Committee on Criminal Justice Reforms on the judicious application of the modern (2003) had aptly commented; as; ‘Criminal technologies in the core areas of policing. justice can be made more effective by relying on scientific evidence. It will reduce Police The following Table delineating some of the over dependence on witnesses which in turn modern technologies demonstrates as how will bring down the allegations of human these applications or devices are useful for rights violations against them’.6 Police in improving their professionalism and

38 | January-March 2021 The Role of Science & Technology in Law –Enforcement overall competence in the performance of their tasks including the emerging challenges.

Table-A- Modern technologies/ applications for Police functioning Sl No Technology Brief details Uses in policing 1 Electronic Devices like Parabolic Fix identity of suspects; surveillance: (CCTV), microphone amplify sound, Interception of messages; image intensifiers, Pen registers attached monitor-records/actions, electronic to a telephone line help test measure responses in beeps, parabolic to identify the telephone interrogation, polygraph test/ microphones; numbers being called by a voice- stress analysis/ P-300 computer usage suspect,. Lasers can be used brain-mapping etc. , monitors; electronic to amplify window vibrations mail monitors; and convert them to audible cellular radio sound. Night observation interception; satellite devices use infrared radiation beam interception; or intensify ambient light, pattern recognition Image intensifiers allow systems; and individuals to be recognized intruder detector at 100 meters.’ systems (working on vibrations) 2 Computer data Matching millions of records Used to detect fraud, waste, matching related to convicted, and abuse and other offenses wanted, unidentified, andNational Crime Information missing persons, as well as Center (NCIC) administered descriptions of stolen articles, by the Federal Bureau vehicles, guns, and license Investigation (FBI) holds plates within short time. over 19 million records of convicted, missing,wanted and unidentified besides descriptions of stolen articles, vehicles, guns, and license plates now, used by 64,000 local, State, and Federal agencies. Such data building useful for Police in every country.

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Sl No Technology Brief details Uses in policing 3 DNA typing; DNA- nucleotides are Paternity- identification, sequenced in a differentfixing identity of suspects pattern in each individual; in cases such as rape, murder on the basis of crime scene collections 4 Automated AFIS computer can within Increase the speed and Fingerprint minutes compare a new accuracy of Finger- print Identification System fingerprint with the massive processing even in cases (AFIS) collections of prints on file involving alargenumber and make identifications of fingerprint files. Helps identification of offenders 5 Biometric devices These devices developed Devices for handwriting in microchip design help to analysis have high potential verify the identity of persons in commercial world, most seeking access to controlled notably in banking and the data or to secured areas. They use of credit cards, as well as help to read fingerprints, in crime detection palm prints, hand prints, voice and retinal blood vessel patterns 6 Link Analysis Software is a tool to help Tracking of illicit financial Software for Forensic highlight strange financialactions/money-laundering Accountants transactions.This software combines observations of unusual digital financial transactions 7 Forensic Carbon-14 Amount of radiocarbon Ascertain the age of unknown Dating decreased or increased over remains for archaeological a particular period is used to work, identity of victims ascertain the age factor 8 DNA Sequencer : This method helps to analyze To identify a person as a highly degraded samples of possible suspect or criminal bones or teeth to determine even by using degraded the specific ordering of a samples from crime scene person’s DNA nucleon-bases.

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Sl No Technology Brief details Uses in policing 9 Three- D Forensic Software takes real-life human To fix the identity persons of Facial Reconstruction remains and extrapolates a suicide or homicide or other possible physical appearance. criminal offences 10 Digital Surveillance Facilitating visual access to Unearthing clandestine For Xbox (XFT hidden files on the Xbox hard communications by terror Device) drive. groups etc. 11 Video Spectral To decipher obscured or Detection of fraud or false- Comparator 2000 hidden writing, determine documents quality of paper and origin and “lift” indented writing. 12 . High-Speed Using a high-speed camera To understand how bullet Ballistics to ascertain the nature of holes, gunshot wounds and Photography gunshots glass shatters are created at the scene of crime 13 Alternative Light A camera such as the Omni To quickly ascertain how Photography chrome uses blue light and much physical damage a orange filters to clearly show patient has suffered through bruising below the skin’s the difference between life surface. and death 14 Laser Ablation Isotopic recognition and Finding important clues like Inductively Coupled matching of even the the direction of bullets, the Plasma Mass smallest shard of glass found force of impact or the type of Spectrometry on clothing to a glass sample weapon used in a crime (LA-ICP-MS) from a crime scene

As many of the organised crime syndicates their operations. With the spread of global operate beyond the contours of countries terrorism, such strategies have become the or continents, the law enforcement or hallmark of many terror-outfits. In the post intelligence agencies, are confronted with 9/11 scenario, it was strongly felt that proper the challenge of closely monitoring their synergy between ‘human’ and ‘technical’ clandestine activities, mainly banking on resources is vital for the success of counter- human resources. For example, the attackers terror or counter- extremist operations. of 9/11 who were Jihadists from different Thus, the existing technologies such as countries like Saudi Arabia, Egypt, Germany, Electronic surveillance, imaging technology, France, Yemen etc. held secret meetings remote sensing, wiretaps and ‘bugs’-most across the globe and mobilised finances frequently used by law enforcement/ from different sources for carrying out intelligence agencies- have been augmented.

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The countries like the United States have the power was vested on developed more sophisticated surveillance or Joint Secretary, Ministry of Home Affairs technologies to locate and identify the terror and the agencies namely Intelligence suspects for tracking down their movements; Bureau (IB), Research and Analysis Wing monitor and record their communications; (RAW), Central Bureau of Investigation (CBI), intercept their digital communications and National Investigation Agency (NIA), Central finally strike them in their hide-outs. In Bureau of Direct Taxes (CBDT), and Narcotics ‘Operation Neptune Spear’ (Elimination of Control Bureau (NCB) were empowered Osama Bin Laden) electronic surveillance/ to undertake such operations on specific satellite imagery, high-resolution images grounds connected with or of cities were used to identify individual public order. However, Rule 4, has been laid buildings that matched Bin Laden’s life history down that the central government has power characteristics and ultimately to target him to delegate such authority to intercept, in the small city of Abbottabad in on monitor or decrypt any information on any May 2, 2011. computer resource to any agency. With this provision, interception techniques have been India, which is one of the worst victims widely used in the investigation of a mosaic of terrorism, the Law Enforcement and of offences such as murder, man-missing, Intelligence organisations depend much on criminal conspiracy, rape, counterfeit/ money technical intelligence including electronic laundering etc. besides organised crimes surveillance techniques to counter the such as terrorism or anti-national activities. activities of terrorist groups or to investigate terror-related cases. Many new government DNA Typing/Profiling has revolutionised agencies such as Central Monitoring System, the crime-investigation scenario in many National Intelligence Grid etc. have been countries in the West. Dr. Alec J. Jeffreys, of the formed for surveillance in cyberspace, University of Leicester in England, working telephones, email, and personal messages. with two other scientists from the British Home The Indian Telegraph Act, 1885 and Section Office’s Forensic Science Service, first adapted 69 Information Technology Amendment Act, DNA typing for Police use. The technique 2008 give power to government to intercept, initially used in determining paternity was monitor or decrypt any communications subsequently used in variety of criminal cases or data or information stored on any such as multiple murders, rapes etc. One of computer resources for the reason of public the most ambitious projects in DNA-evidence safety, public order etc. The Information undertaken by the US was the establishment Technology (Procedure and Safeguard for of a national database—the Combined DNA interception, monitoring and decryption Index System (CODIS). It ensures that DNA of information) Rules, 2009 regulates the samples of new criminals are checked against process of monitoring/interception or de- past DNA profiles of unidentified criminals encryption of communications. Initially, collected at crime scenes and logged into

42 | January-March 2021 The Role of Science & Technology in Law –Enforcement the database. On several occasions, this visible and alternative light sources to has helped investigators find new leads look for DNA not belonging to the girl, in decades-old murders that would have, they made a hit, and matched it to a man otherwise, likely gone unsolved forever. A named Matthew Brock, who had lived a number of sensational murder cases which block away at the time of the her murder were written off and left in cold storage were and was then aged 19. Brock was already detected with the help of this technique. A in prison serving a 10-year sentence for a few such cases are delineated below: sex-related crime with a child, and he was found guilty in 2011 to an aggravated 1) Murder of Krystal Beslanowitch, 1995 murder charge in the death of Anna case 7: Beslanowitch, of Utah, a 17 years Palmer. It was DNA evidence that led to old prostitute died from a crushing blow his conviction, to the skull. Her body was found in 1995 along the Provo River. Leads at the time 3) Multiple rape-murder case in England had led to dead-ends. However, Sheriff case 9,: In this case, a suspect was cleared Todd Bonner, the chief investigator didn’t when DNA typing of his blood and of let the case go. He and other investigators semen taken from the victims’ bodies finally got some leading clues in 2013 proved that he could not have been the when new forensic technologies were rapist. Police then urged all men in the developed. With extensive effort, they community between the age of 13 and extracted touch DNA from the granite 30 to provide a blood sample for analysis. rock that crushed her skull. A tool called Their theory was that about 60 percent of a forensic vacuum was used for the DNA the samples provided could be eliminated extraction. The DNA matched to one by simple blood tests and the rest would Joseph Michael Simpson, who was a be subjected to DNA typing. However, it resort bus driver in the area at the time. was not necessary to examine the DNA Simpson, then 46, was arrested in Florida of1600 men. Even though in England in September 2013. these blood samples could only be acquired on a voluntary basis, one man, in 2) Murder of Anna Palmer, 1998 case 8: order to clear himself, persuaded a friend 10-year-old Anna Palmer was attacked to give blood in his place and under his and killed with multiple stab-wounds name. The Police were tipped off and the outside of her own front door in Salt man later confessed to the murders. Lake City in 1998. But the investigators had no witnesses, little evidence, and 4) Shimla rape, murder case 10: This was no apparent suspects. In 2009, forensic a case detected by the CBI through DNA analysts were called in to assist in the sampling. 16-year-old Gudiya was gang case and they decided to examine the raped and murdered at Kotkhai, near girl’s fingernails for DNA samples. Using Shimla. The scene of crime, where the

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victim was raped and murdered was a 230 DNA profiles submitted to CODIS and dense forest from where the investigators/ 85 CODIS hits, or a 37% hit rate. Over 30 of forensic experts collected all the evidence these cases have been filed with the Denver which included liquor bottles, semen District Attorney’s Office and many have been samples, blood samples and clay from successfully prosecuted. the crime scene. Later blood samples of The Automated Fingerprint Identification over 250 people from the nearby areas System (AFIS) is a highly efficient and effective were collected to match with the semen tool, capable of scrutinizing vast databases and other DNA samples, Later, the CFSL and providing potential fingerprint matches conducted ‘percentage test’ and ‘lineage in a matter of minutes. The AFIS has now test’ of all 250 samples and it matched transformed into the Automated Biometric the sample of a family from Kangra. The Identification System (ABIS), providing law blood samples were collected from both enforcement agencies with an even more the parental sides. During investigation, powerful tool with the new generation of it was found that one of the members ABIS software and fingerprint examiners of family had been absconding since that can process multiple complex biometric September 2016 and since then he had transactions with high accuracy. The not been in touch with the family. Thus, investigation of the murder case of 48 year the CBI narrowed its search down to old Miriam Slamovich12 a survivor of Nazi 25-year-old Anil Kumar alias Nilu. concentration camps, at her San Francisco It is significant to note that the success of DNA home on February 20, 1978, demonstrated profiling in the investigation of ‘dead-end’ the utility of this modern technology in crime- cases prompted Police/ Forensic institutions investigation. She encountered a burglar in to launch special projects. The best example is the bedroom; the panicked- intruder shot Mrs. ‘The Denver Police Department (DPD) Crime Slamovich in the face and she died a month Laboratory’ which serves the City and County later. The crime scene investigators of the case of Denver in US and its 550,000 citizens. In had little hope of finding the murderer as they 2002, DPD Detectives and scientists from the had no leads or suspects, only fingerprints crime laboratory had launched ‘DNA cold left on the windowsill and bedroom case project’11, recognizing the power of window of the victim. The investigators DNA technology and Combined DNA Index had undertaken the tedious and frustrating System (CODIS) to solve cold case sexual process of comparing the latent prints with assaults and homicides dating as far back as the thousands of rolled fingerprints cards on the 1960s. As in 2008, investigators reviewed file. The odds of finding a match in a database over 4,242 cold cases and submitted over 955 with more than 300,000 prints were remote, cases with potential biological evidence to the but over the next 6 years the officers faithfully crime laboratory for testing. Approximately spent thousands of hours trying for the 458 cases have been tested, resulting in same without much success. The Integrated

44 | January-March 2021 The Role of Science & Technology in Law –Enforcement

Automated Fingerprint Identification System its nascent stages. After three decades of (IAFIS), now upgraded to the Next Generation research and development AI has begun Identification (NGI) is the world’s largest to yield commercially available products in collection of criminal history. Maintained by the form of expert systems. Some experts the FBI Criminal Justice Information Service, believe that expert systems can greatly it contains the fingerprints of more than 143 benefit criminal justice operations, through million criminal and civil individuals at the their ability to institutionalize knowledge and end of February 2019 according to the FBI to disseminate rare investigative expertise. monthly fact sheet. Some of the important expert systems being developed for use in criminal justice are: a) In determining the composition or origin of Criminal Profiling for Serial Murder and Rape. trace evidence that can rule out suspects or (The FBI’s Behavioural Science Investigative lead to the correct perpetrator, the Alternate Support Unit at the FBI Academy in Quantico, Light Source (ALS) devices are of much use. Virginia USA is engaged in major research The ALS causes certain materials to fluoresce, in this field); b) Serology Analysis (by the which enhances the ability to visualize specific California Department of Justice); c) Narcotics evidence. Evidence illuminated by these light Interdiction.(by the FBI Technical Services sources can be seen by using a barrier filter, Division); d). Counter terrorism( FBI’s Technical such as goggles, and documented for court Services Division.); e) Name Searching System purposes with a standard digital camera for Various FBI Databases (FBI’s Technical equipped with an appropriate filter. The Services Division) and f) Organized Crime advanced technology using Laser Ablation and Labour Racketeering( nick-named as “Big (LA) techniques is used for the collection of Floyd” and “Little Floyd,” developed by the physical evidence from minute traces of Glass, FBI’s Technical Services Division). Except for paint, paper/ink, hair, tapes, gunshot residue, ‘Big Floyd’, these expert systems have not yet fires, narcotic sources and sol particles. In proved much usefulness in criminal justice this technique, a laser is fired at a sample to operation. ionize a tiny amount of sample and produce It is relevant to examine the legality of a plasma. The light emitted from this plasma Forensic or scientific evidence in the criminal can be analysed to determine the presence justice process. In view of the sophistication and concentration levels of elements in of crime/ criminals and the scientific and the periodic table. This forensic technique technical advancements to meet such is of much application in the collection of challenges, a number of empirical studies had evidence in Homicide, Hit and run, Burglary, been undertaken in the West to establish the Counterfeiting and drug-related cases use of scientific evidence in the investigation The latest technology that has been creating and adjudication of cases. One of the most big bang in the present millennium is authentic studies in this direction was Artificial Intelligence (AI) which is still in undertaken by the National Institute of Justice

January-March 2021 | 45 The Indian Police Journal

(NIJ), US department of Justice in 1984. Data its major effect on the adjudication of felony were collected from approximately 2,700 case cases. While a defendant’s prior record investigations drawn randomly from Police overwhelmed most other factors in the and laboratory files in four jurisdictions. One incarceration decision, lab reports generally major finding of this study was that at the led to higher rates of incarceration and were Police investigation level, clearance rates of found to be the only type of evidence to offenses with evidence scientifically analyzed influence the length of the sentence. were about three times greater than in cases The situation is not much different in India where such evidence was not used, Similarly, where, the application of forensic and forensic evidence has its greatest effect in scientific evidence to crime investigation and cases which traditionally have the lowest trial has to stand the limitation of law. Three solution rates - cases with suspects neither in custody nor identified at the outset of the factors namely, the constitutional validity investigation. Moreover, a significantly higher of the techniques, legal position regarding percentage of people arrested for the crimes the application of such techniques in crime of burglary and robbery are convicted in cases investigation and the authenticity/reliability with forensic evidence. The effect of scientific of the inputs gathered through such evidence on the clearance and prosecution of techniques decide the evidentiary value of aggravated assault cases is less pronounced the Forensic/ scientific evidence. . and, in many cases, not significantly different For example, Article 20(3) of the Indian from cases where forensic evidence is not Constitution which guarantees fundamental used. right against self –incrimination provides A second companion study13 found scientific that no person accused of any offence shall evidence to have a very limited role in decisions be compelled to be a witness against himself. to convict a defendant but had its major This article upholds the spirit of Article effect on sentencing; lab reports, generally 11 of the Universal Declaration of Human led to higher rates of incarceration and was Rights (UNDHR) which states: “Everyone the only type of evidence to influence the charged with a penal offence has the right length of the sentence. This study found that to be presumed innocent until proved guilty scientific evidence had a very limited role in according to law in a public trial at which he decisions to convict a defendant, particularly has had all the guarantees necessary for his compared with the effects of admissions, defense” The above .clause is almost on par incriminating statements, and tangible (non- with the provision of ‘right to silence’ upheld scientific) evidence. The presence or absence by US Supreme Court in Miranda versus of scientific evidence had more of an effect on Arizona14. Article 20(3) is based upon the case outcome in otherwise weak evidentiary presumption drawn by law that the accused is cases. It was during the stage of sentencing, innocent till proved guilty. It also protects the however, where the forensic evidence had accused by shielding him from the possible

46 | January-March 2021 The Role of Science & Technology in Law –Enforcement torture during investigation in Police custody. the crime. The scope of this examination was expanded in 2005 to include “the examination Here a vital question arises as whether Article of blood, blood-stains, semen, swabs in 20(3) prohibits the Police or the investigating case of sexual offences, sputum and sweat, officer to collect forensic evidence from hair samples and finger nail clippings by the accused or the evidence so collected the use of modern and scientific techniques is admissible or not? In many instances, including DNA profiling and such other tests educated offenders or those getting timely which the registered medical practitioner legal assistance exploit the ambiguities or the thinks necessary in a particular case. lack of knowledge of the investigators on the exact legal position of this clause leading to The forensic evidence collected through DNA the destruction of crucial forensic evidence. technology has been accepted as crucial But, the legal position is quite clear in respect piece of evidence in the cases of disputed of Article 20(3). In The State of Bombay vs. parentage, murder, rape and other property Kathi Kalu Oghad & Others15, the court held offenses. In England DNA typing is accepted that giving thumb impression, specimen as conclusive evidence.17. Its status in the signature, blood, hair, semen etc. by the United States is less clear. In a recent case in accused do not amount to ‘being a witness’ Florida, a judge admitted DNA “fingerprints” within the meaning of the said Article. The as evidence in a rape case. Scientists testified accused, therefore, has no right to object that semen found in the cervix of the rape to DNA examination for the purposes of victim was “a perfect match” to that of the investigation and trial. Further, Section 73 of accused, who could not be identified by the the Indian Evidence Act empowers the court victim and had offered an alibi. The accused to direct any person including the accused was convicted. DNA prints have also been to allow his finger impressions to be taken. admitted as evidence by judges in Oklahoma, The Supreme Court has also held that being Florida, New York, and Pennsylvania. compelled to give fingerprints does not According to an Associated Press account, violate the constitutional safeguards given in most of the defendants who have been Art.20 (3).16 confronted with such evidence have pleaded guilty18. Similarly, the Code of Criminal Procedure, 1973 was amended in 2005 to enable the The situation is not much different In India. collection of a host of medical details from In an intense legal battle fought by Rohit accused people upon their arrest. Section Shekhar19 with his father ND Tiwari – veteran 53 of the Criminal Procedure Code 1976 Congress leader and a former of provides that upon arrest, the accused may be and of Uttar subjected to a medical examination if there Pradesh and - to prove that are “reasonable grounds for believing” that he was the biological son of Mr. Tiwari, the such examination will afford evidence as to Apex Court in May, 2012, directed DNA test

January-March 2021 | 47 The Indian Police Journal to finally settle the parentage dispute. In a fake stamp paper scam of Mumbai, the number of other cases, the Apex Court and granted permission various High Courts have upheld that DNA- to the Special Investigation team (SIT) evidence is undisputable. In this connection, to conduct scientific tests on the main the observation of the Supreme Court on accused Abdul Karim Telgi. In the above the admissibility of DNA evidence in Dharam case (Ramchandra Reddy andOrs. Deo Yadav v. State of Uttar Pradesh20 is quite V State of Maharashtra22,) the Court relevant: “Crime scene has to be scientifically upheld the legality of the use of P300 dealt with without any error. In criminal cases or Brain finger-printing, Lie detector specifically based on circumstantial evidence, test and the use of truth serum or narco forensic science plays a pivotal role, which analysis. In another case Dinesh Dalmia v may assist in establishing the evidence of State23, the Madras High Court held that crime, identifying the suspect, ascertaining subjecting the accused to narco-analysis the guilt or innocence of the accused. One of does not tantamount to testimony by the major activities of the investigating officer compulsion. However, the Supreme at the crime scene is to make thorough search Court in, Selvi & Ors v. State of for potential evidence that have probative & Anr.1624, elaborately discussed the value in the crime. Investigating Officer may scientific and forensic elements of be guarded against potential contamination Narco-analysis, Polygraph and Brain of physical evidence which can grow at the mapping, their application in criminal crime scene during collection, packing and investigation in different countries and forwarding. Proper precaution has to be status of leading cases in the West and taken to preserve evidence and also against India and the admissibility of evidence any attempt to tamper with the material or produced through such techniques vis- causing any contamination or damage”. In a-vis constitutional safeguards especially the sensational Nitish Katara murder case21, under Article 20(3) of the Constitution. the identification of the deceased victim was The Court held that these tests were difficult due to availability of only a small inconclusive and thus their compulsory portion of one un-burnt palm with fingers. usage in a criminal investigation would Here also, DNA profile helped in identifying be unconstitutional and questioned the body remains by matching DNA profile the legitimacy of the involuntary with parents of the deceased which helped administration of certain scientific the High Court of Delhi to uphold the techniques for the purpose of improving conviction of the accused. investigation efforts in criminal cases. Thus, consent of the accused or suspect The evidences produced by enforcement is a legal pre-condition for undertaking agencies/ prosecution through other such tests. forensic or scientific methods were admitted by the Courts. In the sensational Another grey area in criminal justice

48 | January-March 2021 The Role of Science & Technology in Law –Enforcement system is evidence value of digital or intercept evidence is not accepted as ground intercept materials. In England, the issue for conviction of offenders including those was seriously discussed by Courts as early in terror–related cases, there has been much as in 1586 when Mary, Queen of Scots public debate on the issue. ’A significant was convicted of treason for plotting to number of senior Police officers, prosecutors, kill Elizabeth I. Among the evidence at judges and politicians in UK have now called her trial were enciphered letters, detailing for intercept evidence to be used in criminal her knowledge of Babington’s plot, which trials’ 27. had been intercepted by Walsingham, In India too, such debates were there on the Elizabeth’s Secretary of State and chief spy master25. Although both communications admissibility of electronic evidence in criminal technology and interception capability and other offenses. In the wake of growing may have made significant advances threat of terrorism and organized crime and beyond that of Walsingham’s day, the wide application of electronic devices like rules governing the admissibility of intercept mechanisms for meeting such intercept material in UK courts are still challenges, the admissibility of intercept conservative in nature. Although the UK evidence has been accepted by Courts – like nearly every other country in the with specific grounds/ conditions. Thus in world – allows the use of intercepted Mohammed Ajmal Mohammad Amir Kasab v 28 communications for law enforcement State of Maharashtra & Others , the Supreme purposes, it is virtually the only country Court appreciated the electronic evidence, to prohibit the use of intercepted material whether in the form of CCTV footage, mobile as evidence to help convict criminals and devices, memory cards, data storage devices, terrorists. Despite the current UK ban, intercepted communications over Voice Over various loopholes allow the successful Internet Protocol (VoIP) , IP Addresses, etc. use of intercept evidence in UK courts in The Court held that.‘ under Section 65 B of a limited number of cases. For instance, Indian Evidence Act , computer generated Ian Huntley was convicted of the Soham electronic records is an admissible evidence murders26 in December 2003 partly on the at trial if proved in manner specified by basis of intercepted telephone calls made section’ The Apex Court in other leading between Huntley, his girlfriend Maxine cases like Tukaram S. Dighole v. Manikrao Carr, and Huntley’s mother. Shivaji Kokate;29 Mrs.NidhiKakkar v Munish Kakkar30, State v. Navjot Sandhu31 and Anvar After 9/11, intercept evidence has been PV v P.K. Basheer & Ors32. used in many countries to help convict many of those involved in serious organized The Apex and other Courts have reiterated crime and terrorism. A typical example FBI- that any documentary evidence by way of operations against Al Qaeda cells operating an electronic record under the Evidence Act in the USA. Thus, in countries like UK where can be proved only in accordance with the

January-March 2021 | 49 The Indian Police Journal procedure prescribed under Section 65B. to tampering, alteration, transposition, Thus, a better appreciation of this new section excision, etc. without such safeguards, the in Indian Evidence Act is required especially whole trial based on proof of electronic in the case of enforcement and Forensic records can lead to travesty of justice’.33It personnel dealing such pieces of evidence. As is not the question of electronic records per Section 65 B, four conditions in relation alone, the admissibility of all forensic and to the information and computer in question scientific evidence by the Courts depends should be satisfied for the admissibility much on the manner how they are of evidence. These conditions are: a) the collected, handled and produced before computer output containing the information the trial courts. was produced by the computer during the This leads us to a crucial question as how period over which the computer was used functioning of the Forensic / scientific regularly to store or process information institutions can be improved and the for the purposes of any activities regularly professionalism, skills and expertise of carried over that period by the person having the personnel can be bettered, In fact, lawful control over the use of the computer; there exists a wide chasm between the b)during the said period, information of projected image of Forensic science and the kind contained in the electronic record the ground level reality. The media, sci- or of the kind from which the information fiction and some crime-thrillers have so contained is derived was regularly fed romanticized forensic science and created into computer in the ordinary course of an image of a professional group ready said activities; c) throughout the material to solve crimes at a moment’s notice. part of the said period, the computer was But, the reality is much different. Even operating properly or, if not, then in respect in advanced countries like USA where of any period in which it was not operating Forensic science has been accorded prime properly or was out of operation during that importance in crime investigation, routine part of the period, was not such as to affect drug and alcohol identification cases the electronic record or the accuracy of its consume more than 70% of laboratory contents; and d) the information contained in resources, and crime laboratories had the electronic record reproduces or is derived more than 500,000 backlogged requests from such information fed into the computer at year end 200234. In order to improve in the ordinary course of the said activities. testing and reduce backlogs, the US As observed by the Supreme Court; “all Congress has enacted a number of Acts these safeguards are taken to ensure the such as DNA Backlog Elimination Act source and authenticity, which are the (2000); Paul Cover dell Forensic Science two hallmarks pertaining to electronic Improvement Act (2003); Justice for All record sought to be used as evidence. Act (2004); Advancing Justice through Electronic records being more susceptible DNA Technology Initiative (2003) and

50 | January-March 2021 The Role of Science & Technology in Law –Enforcement allocated substantial funds to meet the commented upon by the courts” True to their requirements. findings, the investigation of sensational cases are derailed or sabotaged due to such The proper fusion of forensic evidence a hap hazardous or indifferent approach as a major component of our criminal of investigators or forensic experts. For justice system depends much on the example, in a recent drunken driving case professionalism of forensic institutions in Kerala in which the accused was a senior and availability of proper technologies bureaucrat, the investigating officers- despite with professionally competent experts. A pressure from the public and the relatives of 35 2011 study showed that only in 47 cases the deceased- took around 10 hours since the in Supreme Court and different High occurrence of crime to take blood samples Courts; DNA has played an important role. which on laboratory test proved negative and Out of these, 23.4% decisions were given virtually defeated the subsequent efforts of by Delhi High Court alone. Furthermore, the authorities to get his bail cancelled. Many DNA evidence had been used in merely a time, neither the Police nor the lawyer nor 4.7% murder cases and 2.3% rape and even the Judge appreciate fully, the advances murder, Thus more concerted efforts are or the extensive, promising potentialities of needed to include scientific evidence in all the science and the fusion of new technologies, criminal matters, where ever applicable. methodologies, modalities and research. Justice V J Malimath Committee on ‘Multi task and multi-professional nature of 36 Reforms of Criminal Justice System forensic science needs an inter-professional highlighted that application of forensic approach, which is, many a time, lacking’38. science in crime investigation in the On the contrary, turf battles, ego-clashes and country is as low as 5-6% of the registered personal agenda, on many instances, compel crime cases being referred to the Forensic them to make compromises and deviate from Science Laboratories (FSLs) and Finger ‘due processes’.Many times, influenced by Print Bureau put together. media trial or public-rhetoric, investigators or forensic experts go beyond the contours There are a number of factors influencing of their established norms and charters and the Courts not to accept forensic or scientific try to conceptualize or interpret important evidence in criminal investigation. Manisha forensic findings thereby destroying their Chakraborty and Dr. Dipa Dube37 in their evidentiary value during the trial of the cases. study have brought out many of these reasons such as “mismanagement of physical While trying to develop better coordination evidence, including improper collection, and synergy among the key players of criminal preservation, non-collection of clue evidence, justice process, steps should be initiated non-maintenances of chain of custody, as to strengthen the forensic and scientific well as delayed dispatch of physical evidence establishments –both organisationally for scientific analysis has been repeatedly and professionally. The Central and State

January-March 2021 | 51 The Indian Police Journal forensic science laboratories which are policing. Ideas in American Policing under the administrative control of the LectureSeries. Washington, DC: Police law enforcement authorities (Union Home Foundation Ministry and State Home departments) have 4 Cynthia Lum& Christopher S. Koper& Cody limitations to launch ambitious projects or W. Telep ‘The Evidence-Based Policing new technologies due to paucity of funds or independent administrative or financial Matrix’ Published online: 14 September powers. The shortage in manpower, infra- 2010(https://www.researchgate.net/ structure, logistics and resources adversely publication/226648150_The_Evidence- affect their efficiency and lead to the Based_Policing_Matrix last accessed on pendency of large number of cases. So long August 5, 2020) as such deficiencies continue, no qualitative 5 Robin Levinson-King, ‘George Floyd death: improvement in the functioning of these Seven solutions to US Police problems’ By establishments can be expected. That is why, BBC News 9 June 2020. https://www.bbc. the Report of the Committee on Draft National com/news/world-us-canada-52981634 Policy on Criminal Justice39 emphasized last accessed on August, 3, 2020 that training, accreditation, standard setting, professionalism and research and 6 V S Malimath Committee of ‘ Criminal development of forensic science should Justice Reforms’https://www.legal-tools. receive adequate attention in the policy org/doc/70d1c6/pdf/last accessed on framework. The Malimath Committee40 and August4, 2020 more recently the Justice Verma Committee41 7 https://www.deseretnews.com/ also emphasised the need of more well- equipped laboratories and proper storage article/865586714/Arrest-made-in-1995- and preservation of DNA samples, especially Wasatch-County-cold-case-killing.html in sexual assault cases. Let us hope that such (last accessed on August3, 2019) reforms or changes would help to develop 8 http://jackrosewood.com/true-crime- forensic and scientific establishments an anthology-murder-of-anna-palmer/(last integral part of our criminal justice system. accessed on August3, 2019) References 9 Anthony Schtitz, “Murder on Black Pad, (Endnotes) ”Hippocrates,vol. 2, No. 1, January/ February 1988, pp. 48-58. 1 From the Report of the US President’s Commission on Law Enforcement and 10 https://www.firstpost.com/india/shimla- Administration of Justice (1967) rape-and-murder-case-painstaking- investigation-advanced-dna-mapping- 2 Ibid, Sl No 1, helped-cbi-nab-accused-4446025.html 3 Sherman, L. (1998). Evidence-based (last accessed on July 27, 2019)

52 | January-March 2021 The Role of Science & Technology in Law –Enforcement

11 https://www.promega.com/-/media/ 23 2006 Cri. L. J 2401 files/resources/conference-proceedings/ 24 AIR 2010 SC 1974 ishi-18/oral-presentations/berdine. pdf?la=en (last accessed on July31, 2019) 25 Intercept evidence: Lifting the Ban a Justice Report’ October 2006,Eric 12 Criminal Justice: New Technologies And Metcalfe, Director of Human Rights Policy The Constitution’ Benjamin Netanyahu, email: [email protected] direct Diane Publishing (1988) line: 020 7762 6415 13 The Role and Impact of Forensic Evidence 26 https://www.telegraph.co.uk/news/0/ in the Criminal Justice Process (US Dept. soham-murders-ian-huntley/ last of Justice)-2010 (https://www.ncjrs.gov/ accessed on 2/8/19 pdffiles1/nij/grants/231977.pdf last accessed on July 31, 2019) 27 Ibid, Sl. no 22.

14 Miranda v. Arizona, 384 U.S. 436 (1966)- 28 (2012) 9 SCC 1)

15 3AIR 1961 SC 1808, 1962 SCR (3) 10. 29 (2010) 4 SCC 329 (‘“standard of proof” in the form of electronic evidence should be 16 Gaurav Aggarwal, Smart Study Series “more accurate and stringent” compared Forensic Medicine &Toxicology 73 to other documentary evidence’) (ELSEVIER A division of Reed Elsevier India Private Limited, Gurgaon , 2009). 30 (2011)162 PLR113 “If person produced text of information generated through 17 ‘Having Holmes in the Dust, ” Newsweek, computer, it should be admissible in Oct. 26, 1987, p. 81 evidence, provided proof was tendered in 18 ‘Admission of DNA Fingerprints Prompts manner brought through Evidence Act…” Queries,” National Law Journal, Jan. 18, 31 (2005)11 SCC 600 : “Printouts taken from 1988 the computers/servers by mechanical process and certified by a responsible 19 https://www.indiatoday.in/india/story/ official of the service providing company who-is-rohit-shekhar-the-man-who- can be led in evidence through a witness” fought-paternity-battle-with-father-nd- tiwari-1503476-2019-04-16 last accessed 32 CA No. 4226 of 2012 “Any documentary on August 6, 2019. evidence by way of an electronic record under the Evidence Act, in view of 20 2014 (5) SCC 509 Sections 59 and 65A,can be proved 21 Vishal Yadav v. State of Uttar Pradesh only in accordance with the procedure (2014) SCC Online Del. 1373. prescribed under Section 65B”

22 2004 All MR (Cri) 1704 33 Ibid Sl No 29.

January-March 2021 | 53 The Indian Police Journal

34 Peterson and Hickman, 2005; Durose, uploads/2017/07/Forensic-Science.pdf 2008 last accessed on August 6, 2019)

35 Dr. Nirpat Patel, Vidhwansh K Gautaman, 38 Justice Jitendra N. Bhatt, “A Profile of ShyamSundarJangir, The Role of DNA Forensic Science in juristic journey’ in Criminal InvestigationAdmissibility (http://www.ebcindia.com/lawyer/ in Indian Legal System and Future articles/2003v8a4.htm (last visited on Perspectives,15-21 IJHSSI Vol. 2 (2013). 8.8.2019) 36 Committee on Reforms of Criminal Justice 39 Report of the Committee on Draft National System, , Ministry of Policy on Criminal Justice, Ministry of Home Affairs, Report, Volume 1, March Home Affairs, Government of India, July, 2003. 2007. 37 ‘Applicability of Forensic Science 40 Ibid Sl No 36 in Criminal Justice System in India’ ManishaChakraborty& Dr. Dipa 41 Report of the Committee on Amendments Dube(http://vips.edu/wp-content/ to Criminal Law, 23rd January, 2013.

54 | January-March 2021 Attitudes as Catalysts for Police Organisational Excellence The Indian Police Journal @BPRD, MHA BPRD Publication * Prof. A. K. Saxena www.bprd.gov.in

Abstract In this paper, concept, functions and three components of attitudes have been discussed. Attitudes crucial for Police organizational excellence Viz. Attitude to Self, Self-esteem, Self- efficacy, WHO definition of health; attitudes to significant others, learning and change, organization, quality of service etc. have been identified. Various training interventions for attitudinal development have been recommended. Communication of right knowledge about the attitudinal objects results in developing appreciation for the concepts for behavioural change. Use of case-studies, role-playing management games and storytelling has been stressed for attitude development. Non –training interventions have also been communicated in this paper.

Key terms: Attitude, Organizational excellence, self-esteem, self-efficacy, attitudinal development, Training and Non training interventions.

1. Introduction social, emotional, spiritual and thinking including our self-esteem. On the Great Zig Ziglar ( 2016) said, “It is your relationship plane altitude is in terms attitude and not your aptitude that will of our value in the minds and hearts of determine your altitude”. people around us. The people may be As Zig Ziglar points out in the quote that at homes, organizations and the society. our attitude determines our altitude They may with pride say that `what a meaning thereby that the key to success great person he is! Attitudes determine really is to `Have a positive attitude’. our effectiveness in our precious lives. Attitudes are manifested mostly in our What is altitude in life? The altitude behavior. which is reflected in our life is measured in terms of our quality of Being in all The height of professional attitudes has the dimensions of personality-physical, been displayed by the Police during the Author’s Intro: * Former Professor, S.V.P. National ,

January-March 2021 | 55 The Indian Police Journal

Covid 19 Pandemic. Their exemplary officers? dedication, commitment and service t 8IBU BSF UIF |5SBJOJOH BOE |/PO attitudes were evident. Following training interventions for the behaviours of them are worth mentioning: development of attitudes? What will t 1FSGPSNJOHEVUZSPVOEUIFDMPDL be the role of Police officers; leaders and organization in developing the t $POUSPMMJOHUIFWJPMBUPSTPGMPDLEPXO right attitudes? guidelines with heavy hands. To answer the above-cited questions, the t 4FSWJOH UIF QFPQMF UP SFBDI UIF author has followed the below –cited hospitals. outline to develop this paper: t "EWJTJOH UIF QVCMJD UISPVHI t $PODFQU BOE UIF EZOBNJDT PG announcements and singing songs. attitudinal development. t $POUSPMMJOHUIFVOSVMZNPCTJOEVMHFE t 'VODUJPOTBOEDPNQPOFOUTPGBUUJUVEF in attacking the Doctors, Nurses and fellow-Policemen. t 1PMJDFBOEBUUJUVEFT"DMBTTJöDBUJPO

t $FMFCSBUJOH CJSUIEBZT BOE NBSSJBHF t 5SBJOJOH BOE OPOUSBJOJOH anniversaries of senior citizens. interventions of attitude development. t 8JUIPVU CPUIFSJOH GPS UIFJS PXO health life served the people. 2. Concept and the dynamics of attitudinal development Human face of Police was observed by the country with gratitude to them A few definitions of `Attitude’ are (Thousands of them have been infected presented below. by the corona. t "UUJUVEFT BSF MJLFT BOE EJTMJLFT Keeping Police in view, the author wishes – favourable or unfavourable to answer the following questions- evaluations of and reactions to objects, people, situations, or any t )PX UP EFöOF BUUJUVEFT  UIFJS other aspects of the world including functions and various components? abstract ideas and social policies. What is the relationship among perception, beliefs, attitudes, values t "MMQPSU  IBTEFTDSJCFEBUUJUVEF and personality? How these covert as a latent psychological construct. aspects are visible in our behavior t *O QTZDIPMPHZ  BUUJUVEF JT B (overt)? psychological construct, a mental and t 8JUI SFGFSFODF UP 1PMJDF XIBU BSF emotional entity that characterizes a the desirable attitudes among Police person.’

56 | January-March 2021 Attitudes as Catalysts for Police Organisational Excellence

t *O 4PDJBM 1TZDIPMPHZ  BO BUUJUVEF JT t .JOEGVMOFTT USBJOJOH 7JQBTTBOB  an evaluation object ranging from conflicts (to reduce anxiety and inner extremely negative to extremely conflict). positive. Extroversion and Introversion: This An attitude can be a positive or negative pair is so elementary to Jung’s theory of evaluation of people, objects, events, types that he labeled them the “attitude activities, and ideas. It could be concrete, types”. Extroverts are outgoing, talkative, abstract or just about anything in our energetic and more towards people environment. engaging themselves in meaningful instruction whereas introverts are more Jung’s definition of attitude is a “readiness reserved and solitary. In Police, we of the psyche to act or react in a certain require officers with more extroversion way”. so that they make good teams and enjoy The main attitude dualities that Jung better interpersonal relationships. A (1921) defined are the following: Police officer with extroversion will be able to elicit better Police-public interface Consciousness and the Unconscious. The to ensure better public participation in presence of two attitudes is extremely Police. frequent, one conscious and the other unconscious. This means that conscious Rational and Irrational attitudes. “It men have a constellation of contents conceives reason as an attitude. The different from that of the unconscious- rational attitude subdivides into the a duality The conscious mind contains Thinking and Feeling psychological all the thoughts, memories, feelings functions. Police Officer, if he is rational, and wishes of which we are aware at will make decisions based on logical any given moment. This contains our thinking ,facts , data and analytical memory too. Whereas the unconscious thinking. Ethics becomes the core of his mind is a reservoir of feelings, thoughts, rational behaviour with the less room urges and memories that are outside of emotionality. Jumping from the our conscious awareness. Most contents norms and values of Police is classified are unacceptable or unpleasant such as as irrational behaviour. Not following feelings of pain, anxiety or conflict. In the mission and the vision of Police Police training, the author feels that two organization falls under irrational specific aspects may be considered for behaviour. Spinning money, as a bribe, inclusion – falls under irrational behaviour.

t .FNPSZ USBJOJOH UP TUSFOHUIFO On analyzing above-cited definitions, we conscious mind). can conclude that:

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t "UUJUVEF FODPNQBTTFT GBWPVSBCMF PS guides our values attitudes, beliefs unfavourable reactions to objects, and perceptions. These all inside the people, situations, abstract ideas and concentric circles are covert. Behaviour, social policies. which is overt(observable), is caused by these covert processes. Suppose a t *U JT B MBUFOU DPWFSU  QTZDIPMPHJDBM Police Officer perceives poor people as construct. unimportant , his beliefs, attitude and t *U JT BO FNPUJPOBM BOE NFOUBM values will be shaped as negative and characteristic that characterizes a his personality will reflect discriminatory person. behaviour towards the poor. It is undesirable in Police Officer. In Police t  BUUJUVEFT QBJST XFSF DMBTTJöFE training, shaping of right personality by Jung are `Consciousness and traits is stressed so that the officer may Unconsciousness’ Extroversion and not become discriminatory in the field Introversion’; Rational and Irritational attitudes ‘ Diagram 2 depicts beautifully as to how the behavior is caused by attitude. t "UUJUVEFTBSF|1PTJUJWF |/FHBUJWFBOE `Neutral Diagram 2: Attitude and Behaviour

Below cited diagram may be considered to understand the relationship among Perception, Beliefs, Attitude, Values , Personality and ultimately the behavior :

Our `intention to behave ‘well towards Diagram 1: Personality and behavior the public, seniors, juniors etc. is mostly Perceptions give rise to beliefs/opinions, determined by our belief and value attitudes, values which in turn shape system. Attitudes play a vital role in our our personality. Later on ,Personality behaviour response.

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Components of attitude: In literature, Affective component of attitudes refers three components of attitude are to your feelings, emotions linked to an described: attitude object. Affective responses influence attitudes in a number of ways. Cognitive( Knowledge ) component : The cognitive component of attitudes refers to Behavioural component: The behavioural the beliefs thoughts, and attributes that component of attitudes refers to the way the altitude we have which influences as to how we would associate with an object. Many we act or behave. times a person’s attitude might be based on the negative and positive attributes they These concepts will be more clear by associate with an object. considering the below- cited Diagram 3.

Diagram 3 : Components of attitudes

In the Bhagwat Gita these are beautifully Two Situations arise- described as Gnana , Bhakti and Karma. These Situation 1: Police Officer has the right concepts will be more clear by considering knowledge and intention to apply but he does the above- cited Diagram 4. Cognitive not apply i.e. there is dissonance in `Attitude’ component of attitude is strengthened by and `Behaviour’. Some Police Officers, having right knowledge at the right time. In Police an excellent knowledge of Law and right training cognitions are developed through intentions to apply Law, violate law. the right content of training e.g., Law, Forensic Science, Criminology, Investigation Situation 2: Police officer has the right of crime etc. This cognitive component knowledge, intent which he applies. Situation develops in our officers appreciation 2 is preferred. ,feelings, and emotions to apply the right Functions of attitudes: knowledge (Affective component). Ultimate result is the application of knowledge in day Katz (1960) has classified attitudes into four to day working (Conative component). different groups based on their functions

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Utilitarian: People adopt attitudes that Attitudes are imbibed in the individual, by are rewarding and that help them avoid `direct experiences,’ psychological factors, punishment. In other words, any attitude that interactions with institutions they belong is adopted in a person’s own self-interest is to, and social communication. Psychological considered to serve a utilitarian function. processes involved in attitudinal formation include: Ego Defensive: This function involves psychoanalytic principles where people use t *OUFSOBMJ[BUJPO defense mechanisms to protect themselves t $PNQMJBODF from psychological harm. Defense t *EFOUJöDBUJPOXJUIUIFBUUJUVEF mechanisms include: 3. Police and Desirable attitudes. t %FOJBM The author has classified the desirable t 3FQSFTTJPO attitude of Police officers as under. t 1SPKFDUJPO t 3BUJPOBMJ[BUJPO 3.1. Attitude to self.

We are more likely to use the ego-defensive 3.1.1. Health (Physical, Mental, Social function when we suffer frustration or and Spiritual) misfortune. 3.1.2. Self –esteem, Positive social Value-Expressive: serves to express one’s concept and Self efficiency. central values and self-concept. Central 3.2. Attitude to the significant others values tend to establish our identify and gain us social approval thereby showing us who 3.2.1. People being served from all the we are, and what we stand for. strata of society

Knowledge: People need to maintain an 3.2.2. Officers of Magistracy, Judiciary organized, meaningful, and stable view of the and Correctional administration world. That being said important values and 3.2.3. Senior officers, colleagues and general principles can provide a framework for subordinate ranks. our knowledge. Attitudes achieve this goal by making things fit together and make sense. 3.2.4. Outside experts

Example: 3.2.5. Media personnel t *CFMJFWFUIBU*BNBHPPEQFSTPO 3.2.6. Elected representative of people t * CFMJFWF UIBU HPPE UIJOHT IBQQFO UP 3.3. Attitude to Learning and change. good people. t 4PNFUIJOHCBEIBQQFOTUP,JTIPSF 3.4. Attitude to `Law’, `Cultural t 4P * CFMJFWF #PC NVTU OPU CF B HPPE heritage’ and ultimately the person. .

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3.5. Attitude to the `Scientific Aids to concept is defined as the individual’s Investigation. perceptions of behaviour, abilities and unique characteristics- a mental picture 3.6. Attitude towards the observance of human rights. of who am I as a person?

3.7. Attitude towards the quality of Training Interventions to develop these service. dimensions of attitude to self may include:

B. Organization t 5IFPSFUJDBMJOQVUTPOTFMGFTUFFN TFMG efficacy and self-concept (concept, 3.8. Attitude to Police and Police dimensions and importance in life) to organization be given during training. 3.9. Attitude towards collaboration and networking with the t 1SBDUJDBMUSBJOJOHPO organizations of excellence. - Positive prestigious suggestions - Auto suggestions In the next section, training and non- - Self-perceptions enhancement training interventions are suggested for - Positive thinking attitudinal change - Rational Emotive Therapy and 4. Training and non-training interventions Cognitive restricting for the Attitudinal Development. (This may be done by a trained Clinical 4.1 Attitude towards self (Self esteem, self Psychologist) efficacy and positive self concept). t 1TZDIPMPHJDBM DPVOTFMJOH PG 1PMJDF Coopersmith (2003) defined `Self Esteem’ officers who have lower self esteem. as the degree to which people perceive themselves to be capable significant and t -FBEFSTIJQUSBJOJOHJO worthy. Others scholars agree that self- - Expectancy theory esteem may form around any number - Art of giving feedback of dimensions of self (eg. Physical, social, - Positive reinforcement emotional, spiritual etc.). Second concept techniques. `Self-efficacy is defined as a belief that one can successfully execute future t 7BMVJOH UIF TVCPSEJOBUFT GPS UIFJS action or tasks to achieve some results. contributions. People who perceive themselves as highly capable, significant, successful, t /VSUVSJOH MFBEFSTIJQ TUZMF JT CFTU and worthy (high self-esteem) will predict suited for the development of positive higher probabilities of task success self-concept and thus higher levels of (high self-efficacy). Third concept of self self-esteem

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4.2. Attitude towards Self-health management training on stress management and emotional resilience. Environment at the W.H.O. has defined health as “Health is a workplace should be promoting better state of complete physical, mental and mental health amongst Police officers. social well-being and not merely the Special counselling sessions by the absence of disease or infirmity.’ While trained psychologists should be arranged discussing attitude toward health, as for the Police officers having lower mental per the W.H. O. definition, these three health. components of health are taken into consideration namely physical, mental, Through the above cited interventions, and social. the Police officers will start loving their health. In the physical domain, a healthy Police Officer maintains physiological 4.3 Attitude towards the significant others homeostasis when confronted with Consider the following stories: physiological stress. It is praiseworthy that in the Police training enough stress is “There was a man who made money given on development and maintenance selling balloons at a fair. He had all colors of `physical health’ of the trainees. Because of balloons, including, red/yellow, blue of it the Police officers develop a very and green. Whenever business was slow, positive attitude towards their physical he would release a helium-filled balloon health. They continue to use Gymnasium into the air and when the children saw it and engage in the workouts throughout go up, they all wanted to buy one. They their lives would come up to him, buy a balloon and his sales would go up again. He Mental health refers to cognitive, continued this process all day. One day, behavioural and emotional well being he felt someone tugging at his jacket. He of the Police officers .It is all about how turned around and saw a little boy who they think, feel and behave. Mental asked., “ If you released a black balloon, health affects their living, relationships would that also fly?” Moved by the boy’s and physical health. . For guaranteeing concern, the man replied with empathy, the adequate `Mental Health’, training “Son, it is not the colour of the balloon, it in managing complexity, stress is what is inside that makes it go up.” management , handling crisis situations and practising emotional resilience seem “As a young Scots boy, Andrew Carnegie to be necessary. Techniques for managing came to America and started doing odd stress and maintaining emotional jobs. He ended up as one of the largest resilience are to be emphasized. Besides steel manufacturers in the United States. providing the theoretical inputs, practical At one time he had 43 millionaires exercises are to be conducted in Police working for him. Several decades ago, a

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million dollars used to be a lot of money; necessary. In democracy, Police cannot even today it is a lot of money. Someone discard the representatives of people asked Mr. Carnegie who replied. “Dealing but their assertiveness should weave with people is like digging gold: Where the fabric of the interactions with the you go digging for an ounce of gold. politicians. But when you go digging, you don’t go Appreciation of the reinforcing role of looking for the dirt, you go looking for the Judiciary, Magistracy and Correctional gold.” administration should be emphasized in These stories lead us to conclude that training and interactions with the junior racial attitudes are not good for us. Police officer should be done. Secondly, `Looking for gold in people’ is a Training in team building and inter very right attitude for managing people. personal competence is necessary for I recall an incident when Field Marshall developing bends of trust and acceptance Manecshaw told a politician: of seniors, colleagues and subordinate ranks in This will help in developing “Mr. Minister I am not allowed to think positive attitude towards the above-cited about him. He is my chief tomorrow, you agencies to facilitate better interaction for will be asking my subordinate brigadiers effective Police work. In training Courses and colonels, what they think of me. It’s the Role Play Exercise highlighting the surest way to run the discipline of the army, interactions of Police with the following don’t do it in future”. should be conducted:

Can we develop a disciplined mind like t 1VCMJD him in our Police force - a right attitude? t %PXOUSPEEFO This attitude is developed if a Police t 1PMJUJDJBOT leader has tremendous concern and love t +PVSOBMJTUT towards his own subordinates. t .FEJB t +VEHFT Media is the fourth pillar of democracy. t -BXZFST A right attitude has to be developed in the Police officers towards them. Mere It will help them to develop skills in acceptance of them and their role in effective interactions and empathy. In the democracy will develop right attitudes. training curriculum enough inputs should be there on the following aspects `Perceiving politicians as the representatives of people’ is an attitude t )VNBO3JHIUT*TTVFT4DJFOUJöD"JETUP which will ensure better interactions Investigation. with them. A journey from misperceived t 5FBN#VJMEJOH perceptions to positive perceptions is t 3PMF$MBSJUZ&YFSDJTFT

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t $PPQFSBUJPO BOE $PMMBCPSBUJPO XJUI t *G * TIBSF NZ XJMMJOHOFTT UP MFBSO  other branches of Criminal Justice people will feel that I am a weak System. person. t *OUFSQFSTPOBM3FMBUJPOTIJQT t *MFBSOGSPNPUIFSTOPUGSPNNZTFMG t *OUFSSPHBUJPO5FDIOJRVFTFUD t *EPOPUHBJOBOZUIJOHGSPNMFBSOJOH During training special visits should be arranged to the following. t 8IBUFWFS * IBWF MFBSOU JO QBTU JT sufficient for me to be effective till t $PVSUT now. t 'PSFOTJD.FEJDJOF%FQBSUNFOUT t 'PSFOTJD4DJFODF-BCT There should be continuous supply of t (&21 literature /training material to the Police t +BJMTFUD personnel pertaining to the following:

This will help in developing a positive t 3FDFOUFOBDUNFOUT attitude towards the above-cited t $PVSUEFDJTJPOT agencies to facilitate better interaction t )VNBO3JHIUT*TTVFT for effective Police work. t $BTF 4UVEJFT PG TVDDFTTGVM 1PMJDF personnel. 4.4 Attitude to learning and change In training Courses Role Play Exercise Bob Garrat (1982) has hypothesized that highlighting the interactions of Police the rate of learning in an organization with the following should be conducted: should be equal or greater than changes in the external environment. i.e.: I>/C. If t 1VCMJD it is not so, the Organization will unable t %PXOUSPEEFO to avoid the future shock. It is generally t 1PMJUJDJBOT found that when we grow in years, we t +PVSOBMJTUT develop the following negative attitudes t .FEJB to learning. t +VEHFT t -BXZFST t *BNUPPPMEUPMFBSO It will help them to develop skills in t -FBSOJOH JT SFTUSJDUFE UP TDIPPMT BOE effective interactions and empathy. In colleges only, because I get a degree/ the training curriculum enough methods diploma certificate. should be there in the following: t /PCPEZ JT B QPUFOUJBM TPVSDF PG t )VNBO3JHIUT*TTVFT4DJFOUJöD"JETUP learning for me. Investigation. t *G*MFBSO *XJMMCFPWFSCVSEFOFEXJUI t 5FBN#VJMEJOH work. t 3PMF$MBSJUZ&YFSDJTFT

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t $PPQFSBUJPO BOE $PMMBCPSBUJPO XJUI given continuously. other branches of Criminal Justice Right knowledge at right time will System. develop better appreciation of concepts t *OUFSQFSTPOBM3FMBUJPOTIJQT and domains of knowledge there by transforming it into action: t *OUFSSPHBUJPO5FDIOJRVFTFUD t 3JHIU,OPXMFEHF The knowledge base will provide an t 3JHIU"òFDU excellent positive frame work of mind. t 3JHIUBDUJPO The Police personnel who excel in their duties, should be rewarded. Stringent 4. 6 Attitude towards the quality of service punishment should be given to the Police Let us consider the below-cited story- personnel who do not abide by the law and violate Human Rights of people A German once visited a temple under 4.5. Attitude towards the Constitution of construction where he saw a sculptor India, Law, human rights and scientific making an idol of God. Suddenly he aids to investigation noticed a similar idol lying nearby, surprised, he asked the sculptor, “Do you `Knowledge has the power to need two statues of the same idol?” develop a right attitude towards the Constitution of India, law etc. “No,” said the sculptor without looking up, Attitude as communicated earlier, has 3 “We need only one, but the first one got components- `Knowledge’(cognitions), damaged at the last stage” `Affective’ & ` Behavioral’. Theatres, giving The gentleman examined the idol and them `Right knowledge’ through effective found no apparent damage. methodology is very important to develop the positive attitudes. I feel that- “Where is the damage?” he asked.

t &YQFSUT TIPVME UFBDI MBX BOE UIF “There is a scratch on the nose of the idol.” constitution with proper explanations said the sculptor, still busy with his work. and implication for Police. “Where are you going to install the idol?” t 6TFPGDBTFTUVEJFTJTSFDPNNFOEFE The sculptor replied that it would be t (PPE QSBDUJDFTJOOPWBUJPO JO installed on a pillar twenty feet high. Innovation Technology and other “If the idol is that far, who is going to domains of science and technology know that there is a scratch on the nose?” should be communicated without the gentleman asked. any delays. Training of Police officers to adopt these aspects should be The sculptor stopped work, looked up

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at the gentleman, smiled and said, “I will t .JTTJPO know it...” t 5BSHFUT t $VMUVSF OPSNTWBMVFTUSBEJUJPOT Excellence is not for someone else to t *OGSBTUSVDUVSF notice, but for your own satisfaction and t &OWJSPONFOU QTZDIPMPHJDBM BOE efficiency. physical) The question is: Following lost love negative attitudes are `Can we develop this habit of excellence frequently expressed by the employees (right attitude) in the Police officers to organization: enable them to give quality service to the t $SJUJDJ[JOH 0SHBOJ[BUJPO JO QVCMJD people? places. Yes, this habit of mind can be developed t "MXBZTöOEGBVMUXJUIUIFPSHBOJ[BUJPO if the Leaders emphasize this quality in t 5BLJOHKPCDBTVBMMZ their interactions with the subordinates. t )JEJOHDBQBDJUZUPQFSGPSN Total Quality Leadership (TQL) ensures t 4FUUJOHMPXUBSHFUT the best possible service to the society. t $PODFBMJOHJOGPSNBUJPOGSPNPUIFST The essential element of Total Quality t (BOHJOHVQBHBJOTUTPNFPOF Leadership one- t (FOFSBUJOHGBMTFSFQPSUUPQMFBTFUPQ management t $VTUPNFSGPDVT QVCMJD t 1SFGFSFODFGPSDPNGPSUTBOEQPNQ t "MJHONFOU $PPQFSBUJPO BOE show. collaboration within and outside the t /FWFSTFSJPVTBCPVUTBGFUZ Police organization. The positive attitudes towards t 5PUBM JOWPMWFNFOU 4JODFSFMZ BOE organizations may be developed by: dedication). t 1SPNPUJOHQBSUJDJQBUJWFDVMUVSF t $POUJOVPVTJNQSPWFNFOU PGTFMGBOE t $POEVDUJOH XPSLTIPQT GPS DMBSJGZJOH the force). `vision’ `mission and targets. t 0SHBOJ[BUJPOBM DVMUVSF EJBHOPTJT t -FBEFSTIJQ$PNNJUNFOU survey for remedial action. 4.7. Attitude to Police and Police t $POUJOVPVTUSBJOJOHPGFNQMPZFFT organization t *OUFSBDUJWF QFSGPSNBODF BQQSBJTBM and counseling practices. The positive attitudes towards an t &OTVSJOH GBJSOFTT JO QSPNPUJPOT BOE organization reflect our love and devotion all employee’s related matters. towards its-

t 7JTJPO

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4.8. Additional Points learn, get him out of the school.” His mother read the note and answered, “My Tommy Autobiographies and biographies of is not stupid to learn, I will teach him great leaders from various fields including myself.”And that Tommy grew up to be the Police should be recommended for great Thomas Edison. Thomas Edison had self-study. Moreover, during teaching only three months of formal schooling, and and other interactions these should he was partially deaf.” be referred to frequently. Attitudes are formed also when we follow the role Attitude – Positive expectations result in models, the stories from great epics great results,. (The Mahabharata, The Ramayan, The Story 3: Holy Quran, The Guru Granth Saheb, The Holy Bible) are very important to weave Abraham Lincoln’s Consistency of effort the fabric of desirable attitudes of life. to not lose life. Recommended reading of motivational “Let me share someone’s life history stories and tales serve the purpose with you. This was a man who failed in also. Following examples are worth business at the age of 21; was defeated mentioning. in legislative race at 22. Failed again in Story 1: business at age 24: overcame the death of his sweetheart a nervous breakdown “’In 1914, Thomas Edison at age 67, lost at age 27, lost a congressional race at 34, his factory, which was worth a few million lost a senatorial race at age 45, failed in dollars, to fire. It had very little insurance. an effort to became vice-president at age No longer a young man Edison watched 47, lost a senatorial race at age 49 and was his lifetime effort go up in smoke and elected president of the United States at said “There is great value in disaster. All age 52.” our mistakes are burnt up. Thank God we can start anew.” In spite of disaster, three Hope and optimism result in continuous weeks later, he invented the phonograph. efforts --- A great attitude in life. What an attitude!” In literature, we find numerous such This story communicates an attitude stories, anecdotes and examples. Their towards failure i.e. rising above the use in training and workplace interactions disaster is important for developing a positive attitude in Police officers. Story 2: 5. Summing up “One day a partially deaf four-year old kid came home with a note in his pocket from In this paper, an attempt is made to come- his teacher, “Your Tommy is too stupid to up with the training and non-training

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interventions to develop desirable Effective TQL ensures a very positive attitudes in Police. Attitude is covert attitude to quality service to the people. whereas behavior is overt. Attitude Leadership has to develop the culture of has 3 components namely-cognitive, `Quality. affective and behavioural. There are 4 Bibliography functions attitudes play in life-Adjustive, Ego-defensive, Value expressive and 1. Allport, Gordon (1935), “Attitudes” in A knowledge functions. Attitude to Handbook of Social Psychology. Ed. C. self (Health, Self-esteem, self-efficacy Murchison, Wrester, M.A. Clark University and positive self-concept, attitude to Press, 789-844. significant others (People to be served 2. Covey, Stephen, R (2019), “The 7 Habits from all stratas of Society, Magistracy, of highly effective people,” Simon and Judiciary, Correctional administrations, Schuster, 12th edition. Media, elected representatives of people etc). Attitude to constitution, Law, and 3. Coopersmith (2003), “An excellent inquiry cultural heritage of an country; attitude into the origins of self-esteem.” Thrift to Police and Police organization. books user. Attitude development takes place 4. Garrrat Bob (2000), “The Learning when knowledge related to all attitude Organization.” Harper Collins Business. objects is communicated very-effectively. Techniques for the development of 5. Jung Carl (1921), “Psychological Types”, Health (WHO definition- Physical, Mental Rascher Verlag, Zurich. and Social), Self-efficiency and self- 6.. Katz David (1960). “The functional esteem have been discussed to develop approach to the study of attitudes.” Public a very positive attitude to self. Negative Opinion Quarterly, 24(2). attitudes, related discrimination, biases 7. Khera Shiv (2014), “You Can Win”: A Step by and prejudices and detrimental to Police Step tool for Top Achievers.” Bloomsbury attitude to learning, quality of service, India, 1st Edition. excellence and organization (Police) have been discussed at length. Use of 8 Zig Ziglar and Tom Zigler (2016), “Find case-studies and storytelling has been Your Success Code Born to Win” Prabhat recommended. Publications (Indian report).

68 | January-March 2021 Police Support for Victims of Crime in India: A Quest for Excellence The Indian Police Journal @BPRD, MHA BPRD Publication * Dr. Nazia Khan www.bprd.gov.in

Abstract The paper explores various dimensions of supporting victims in the criminal justice system in India. It specifically focuses on the role of Police in assisting the victims of crime, as the Police is the first law enforcing agency of the state approached by the victim. It further elaborates various legal and administrative aspects of assisting the victims and has documented Police practice in other countries as well for extending support to the victims of crime.

Keywords: Police, victims, law, victimology, crime, criminal justice system

Introduction This leads to secondary victimization that Victimology is the study related to crime emanates from various factors ranging from victims. It looks into the whole criminal justice an indifferent Police attitude towards the procedure from the victim’s perspective. It trauma of the victims to the perpetrators has been observed that the victims have no being released because of botched up Police rights, they merely emerge, when needed work. It is the state’s responsibility to develop for the purpose of trial or investigation. They a victim-oriented approach in its whole gamut do not have the trial records nor are allowed of criminal justice process so as to ensure that to respond in the justice procedure. Hence, the rights of the victims are secured. the concept of victimology emphasizes the The UN Declaration on the needs of victims victim’s rights and further looks into ways Rights of victims are internationally of eliminating secondary victimization of recognized. The 1985 United Nations victims. Declaration of Basic Principles of Justice for A victim of crime not only suffers from Victims of Crime and Abuse of Power signified the trauma of crime but from a series of an essential shift in the discourse around traumatic experiences after the occurrence crime and victimization. There is a shift of crime. Victims are generally ignored in the towards human rights perspective in the UN entire process of the criminal justice system. Declaration. It defines victims of crime and Author’s Intro: * Assistant Professor, Department of Political Science, Jamia Millia Islamia (A Central University), New Delhi

January-March 2021 | 69 The Indian Police Journal victims of abuse of power. Victims of crime Crime leaves multiple impacts on the victim’s are those who individually or collectively body and mind. The victim feels unsafe, suffered harm i.e., physical or mental injury, desolated and also stigmatized. State takes emotional suffering, economic loss or full responsibility for investigating the crime substantial impairment of their fundamental and punishing the offender. However, victims rights. The following rights of victims of crime have no rights in the criminal justice system. are recognized in the UN Declaration: Victims are used as mere witnesses to support the investigation. Although, many national- t "DDFTTUPKVTUJDFBOEGBJSUSFBUNFOU level commissions and committees have t $POUBDU XJUI UIF DSJNJOBM KVTUJDF TZTUFN strongly advocated the victim’s rights and (to be recognized as a legitimate participant in the process) emphasized the need for a victim’s law. t 4BGFUZ CPUI XJUIJO UIF DSJNJOBM KVTUJDF The victim sets the criminal justice system system, and a restored sense of overall in motion by first rendering the information safety) to the Police. The victim, as an informant, t *OGPSNBUJPO UIF NPTU DPNNPOMZ is entitled to a copy of the FIR, free of cost. expressed need for victims) However, the needs of vulnerable sections t "TTJTUBODFBOETFSWJDFT of society, i.e., women and children, have t $POUJOVJUZ JO TZTUFNT BOE BDSPTT not been given adequate attention in the organizations and departments) criminal justice system. Police are the first t 5P IBWF B WPJDF UP CF IFBSE  FTQFDJBMMZ and foremost agency of the state to meet regarding what they have suffered) the victims of crime. Role of the Police is t 7BMJEBUJPO BOE BDLOPXMFEHFNFOU UIBU likewise very crucial and vital to assisting their feelings are normal) the victims, instead of just treating them as t 3FTUJUVUJPO SFESFTTBOEBQPMPHZ5IFSJHIU mere informants. There is also no statutory to be treated with fairness and respect for scheme recognizing the rehabilitative needs dignity and privacy of the victims of rape or domestic violence t 5IFSJHIUUPPòFSJOGPSNBUJPO or even trafficking per se. InDelhi Domestic t 5IFSJHIUUPSFDFJWFJOGPSNBUJPO Working Women’s Forum v. Union of India t 5IFSJHIUUPQSPUFDUJPO (1995 SCC (1) 14, JT 1994 (7) 183), six women t 5IFSJHIUUPBTTJTUBODF working as domestic servants in Delhi, t 5IFSJHIUUPDPNQFOTBUJPO were raped by eight army personnel on a t 5IFSJHIUUPSFTUJUVUJPO moving train between Ranchi and Delhi. It Impact of Crime on Victims has been pointed by the Court in the case Crime affects not only the victim but their that complaints are handled roughly and are families as well. The impact of crime ranges not given much attention as is warranted. The from financial loss to psychological injury, victims have invariably found rape trials a apart from direct physical loss or injury. traumatic experience.

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Concept of Victimization approach was developed by scholars like John Victims are the most important component Dussich (2003) and Sam Garkawe (2004). The in the criminal justice system. Police note third approach is the human rights approach, the crimes only because of the victim’s developed by authors like Robert Elias (1985). cooperation and reporting. The extent to This approach includes all kinds of human- which victims report crime shows their made victimizations like genocide, torture, trust in the Police and justice system. They slavery and so on. play a crucial role in the entire process of However, victimization is of two kinds, an investigation. The concept of victim’s primary victimization and secondary rights and victimology as the field emerged victimization. Primary victimization is the mostly after the Second World War. Hans Von one which happens after some crime, man- Hentig introduced the first study of crime made disaster or natural disaster. Secondary victims in his book The Criminal and its Victim victimization is the process which the victim (1948). Von Hentig wanted to study victims goes through after primary victimization, to understand the crime and the criminal. In like loss of confidence, feeling of insult and his book, Von Hentig draws the relationship trauma, tackling with criminal justice system between crime and criminology with the to get justice, dealing with the unresponsive support of homicide data from the United behavior of the Police in many places, and States and Germany. feeling lost in the criminal justice process. Another key personality in the field of Victim Assistance and Role of the Police victimology is Benjamin Mendelsohn. He Most of the times, victims are unfamiliar with was the first person to introduce the term the criminal justice system. Contacting the ‘victimology’ (Mendelsohn 1976). He was Police is the first step in the legal process interested in defining the victim-offender taken by the victim. As the first point of relationship and called it penal couple contact, Police have a very crucial role in (Mendelsohn 1976). He stood in favor of setting a positive tone for the entire criminal science of victimology in studying victims justice system. Most of the time victims show and victimization, just as criminology studies their dissatisfaction with Police as they want crime and criminal. the Police to tell them about the services to An overview of this field reflects three help them deal with the impact of crime and approaches (Bienkowska, 1992; Kirchhoff, give them advice on the practical assistance 1994). The first is penal victimology which (Gardner; 1989). Internationally one in ten is considered as part of criminology and is victims of serious crimes who reported to focused on victims of crimes. The second the Police received specialized help and approach is general victimology. It includes expressed a need for support. Victim support victims of accidents and natural disaster. This agencies provided services to approximately

January-March 2021 | 71 The Indian Police Journal one in five victims with expressed needs Association of Chiefs of Police tackled the (International Crime Victim Survey 2005). Police-victim relationship at a summit in the Many studies have also revealed that victims late 1990’s. They determined that in order to of sexual assault, domestic violence, hate protect the rights and needs of victims, Police crimes and victims of marginalized social should provide them with: groups often feel that the Police are not t Safety: Protection from perpetrators and sympathetic to them (VCCAV1994; UN in re-victimization; a collaborative problem- press). Often the victim relies on the Police solving approach; and a restored sense of as immediate “crisis intervener”. However, community and individual safety. this purpose of crisis intervention by the Police is a temporary phase in the life of the t Access: Regardless of family individual, group or family in distress. Still, circumstances, the victim should be able if appropriately done it is considered to be to access the criminal justice system and very crucial in building the trust of the victim obtain information and services. in the criminal justice system. A victim who t Information: the victim should be feels vulnerable looks at the Police officer informed of the justice system processes. for advice on dealing with the immediate effects of a crime, subject to officer’s verbal · Support: to ensure that the victim is able and non-verbal responses. Police as crisis to get adequate services and assistance interveners not only assist by looking into the to participate in the justice process. Also, safety and security needs of the victims but the victim should get support for coming also help them to a large extent in locating out of the trauma caused by crime. and mobilizing their support resources, i.e., t Continuity: there should be continuity of family, friends etc. Further, Police can also support throughout the justice process help victims by giving them practical advice and also at all the stages. on crime prevention, repair of damages and legal rights. t Voice: Victims should be empowered to speak out about processing of individual Many good examples can be taken from cases; opportunities to influence agency countries like Australia, in late 1980s. Australian and system-wide policies and practices. Commissioners of Police encouraged officers (International Association of Chiefs of to be communicative in their concern towards Police 1999) victims. They further suggested that in their first dealing with the victim of a crime, they Police play a very crucial role in the entire should use words which sound sympathetic process of the justice system. They help in like “I am sorry this happened to you”, “You are victim restoration as well as alleviating their safe now”. The commissioner also agreed that fears. Effective and efficient Police services Police should also attend to the emotional help the victim to rebuild confidence and to needs of the victim. Further, the International participate in the justice system. The victim

72 | January-March 2021 Police Support for Victims of Crime in India: A Quest for Excellence has a right to be informed to some extent information and referral. Information may about the progress of the investigation, as he/ cover the progress of the investigation, she is always curious to know to what extent prosecution and court outcome. It may also the Police are involved in the investigation. involve ways to identify victims-clients for a South Australia Police Commissioner, David referral to a broad range of services. Police Hunt reiterated that there is a need to rethink and non-Police usually provide service only past Police strategies. Also, he emphasized during business hours. the process of preventing victimization Comprehensive- combines both because he believed that the Police are in a t approaches. unique position to observe the trauma and suffering of victims of crime (Hunt; 1987). t Generalist- aims to up-skill Police officers He also, for that matter, strongly supported and other staff through training on victims community policing. needs etc. to improve quality of service Police of Indonesia at the time of transition offered to all crime victims. The intention from paramilitary organization to a more is to change the behavior of Police staff. humanist style of Police committed In addition to procedural reforms, Police themselves to the following: are progressively collaborating with other t 2VBMJUZTFSWJDFUPQFPQMFPG*OEPOFTJB government agencies, health and welfare professionals and victim assistance providers t "OUJ$PSSVQUJPOBOE"OUJ7JPMFODF to deliver a holistic set of responses to victims t #VJMEJOH UIF DIBSBDUFS PG UIF 1PMJDF BT of crime. This is particularly done in cases of guardians and servants of the public gender violence, child abuse, and victims with disabilities. These partnerships are relevant in t &YDFMMFOUTFSWJDFUPNBJOUBJOTFDVSJUZ providing a wholesome response to different t &YDFMMFOUTFSWJDFJOPSEFSUPNBJOUBJOBOE types of victimization. protect citizens (O’Connell 2010). Law and Victim Assistance in India Good practice means inculcating victim- In Bodhisattwa Gautam vs Subhra Chakraborty oriented approach in policing. Muir (1986) (AIR 1996 SC 922), the Supreme Court held identifies four of them, which are as follows: that if the court trying an offence of rape has jurisdiction to award compensation at Crisis Intervention- that means immediate the final stage, the court also has the right intervention in crisis situations, with a to award interim compensation. The court, focus on victims of violence, especially having been satisfied with the prima facie interpersonal and family disputes. Timely culpability of the accused, ordered him to response in addition to assessment, referral pay a sum of Rs.1000 every month to the and counseling. victim as interim compensation along with · Information/Referral- This approach includes arrears of compensation from the date of the

January-March 2021 | 73 The Indian Police Journal complaint. It is a milestone case in which the the victim was so informed. Supreme Court issued a set of guidelines to 4. A list of advocates willing to act in these help indigenous rape victims who cannot cases should be kept at Police stations afford legal, medical and psychological for victims who did not have a particular services, in accordance with the Principles lawyer in mind or whose own lawyer was of UN Declaration of Justice for Victims of unavailable. Crime and Abuse of Power, 1985: 5. An advocate would be appointed by the 1. The complainant in sexual assault court, upon application by the Police at the cases have to be provided with legal earliest convenient moment, but in order representation. It is essential to have to ensure that victims were questioned someone well acquainted with the without undue delay, advocates would criminal justice system. The role of the be authorized to act at the Police station victim’s advocate would not only be to before leave of the court was sought or explain the nature of the proceedings, to obtained. prepare her for the case and to assist her in the Police station and in court but also 6. In rape trials, the secrecy of the victim to provide her with guidance as to how must be maintained in order to avoid any she might obtain help of different nature mental trauma. from other agencies, for example mind counseling or medical assistance. It is 7. With regard to the important to secure continuity of support contained under Art. 38 (1) of the by ensuring that the same person who Constitution of India, it is necessary to looked after the complainant’s interest in set up a Criminal Injuries Compensation the Police station represented her till the Board. Keeping in mind sensitive crimes end of the case. like rape, where the rape victims feel victimized at various levels, like a possible 2. Legal assistance would be provided at the substantial financial loss. Some, for Police stations since the victim of sexual example, are too traumatized to continue assault might very well be in a distressed in employment and also feel stigmatized. state upon arrival at the Police station. The guidance and support of a lawyer 8. Compensation for victims shall be at this stage and whilst she was being awarded by the Court on conviction of questioned would be of great assistance the offender and by the Criminal Injuries to her. Compensation Board whether or not a conviction has taken place. The Board 3. Police are under a duty to inform the will take into account pain, suffering and victim of her right to representation shock as well as the loss of earnings due to before any questions are asked of her, pregnancy and the expenses of childbirth and the Police report should state that if this occurred as a result of the rape.

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Role of Judiciary in Victim Compensation cases of abuse of power and said that “To t State led Compensation for Victims of repair the wrong done and give judicial Abuse of Power redress for legal injury is a compulsion of judicial conscience”. Also, it was explained The Supreme Court recognized the need by the Supreme Court that “the award of for state compensation to victims of compensation in public law jurisdiction is abuse of power by the State machinery. also without prejudice for any other action In the landmark case of Rudul Sah vs State like civil suit for damages which is lawfully of (AIR 1983 SC 1086), the Supreme available to the victim or heirs of the Court ordered the Government of Bihar to deceased victim with respect to the same pay Rudul Sah a further sum of Rs.30,000 matter of the tortuous act committed by as compensation, which according to the functionaries of the state….the relief the court was of a “palliative nature”, in to redress the wrong for the established addition to a sum of Rs.5,000, in a case invasion of the fundamental rights of the of illegal incarceration of the victim for citizen, under the public law jurisdiction, long years. Similarly, in Saheli, a Women’s thus in addition to traditional remedies, Resources Centre through Mrs. Nalini and not in degradation of them.” Bhanot vs Commissioner of Police, Delhi Police (AIR 1990 SC 513), a sum of Rs. t Victim Compensation for the Victims of 75000 was awarded by the Court to the Crime victim’s mother as state compensation, The landmark judgment came from and the Court reiterated that the victim Delhi High Court in Karan vs State died due to beating by the Police. NCT of Delhi (CRL.A. 352/2020) on 27th The constitutional right of a victim of November 2020, in this case the court custodial crime to receive compensation made judicious use of Section 357 CrPc was also recognized by the Supreme to compensate the victim of crime. The Court in Nilabati Behera vs State of Orissa court used Victim Impact Report (VIR) as (AIR 1997 SCC 416). The Court reiterated the basis to determine the quantum of that it is not enough for the victim of compensation. The court made striking custodial violence to relegate him/her to difference between Victim Impact Report the remedy of the ordinary civil suit. The (VIR) and Victim Impact Statement Court thus recognized right to get relief of (VIS). The VIS is the instrument of victim compensation in public law from courts participation that informs the court in exercising their writ jurisdiction. This was victim’s words as to how the crime has further developed in the landmark case of impacted them. It broadly constitutes D. K. Basu vs State of (AIR physical injury, emotional harm or the 1997 SC 610). The Supreme Court held damage or loss of property because of that state compensation is mandatory in the offence.

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However, Delhi High Court conception of VIR of crime in India, though many national is different from VIS. According to the court, committees and commissions have reiterated purpose of VIR is to act as an aid to determine the need to have a separate law for victims. the quantum of compensation to the victim Several recommendations of committees and in conjunction with paying capacity of the commissions on justice to victims in India are accused. The VIR unlike VIS will not be directly as follows: made by the victim but by the Delhi Legal The Service Authority to ascertain the impact of The Law Commission in India stated that “ The crime upon the victim after the conviction. State should accept the principle of providing The court will order compensation based assistance to victims out of its own funds, (i) in on this report and in the manner laid down cases of acquittals; or (ii) where the offender is by the judgment. The scheme is binding on not traceable, but the victim is identified; and all the lower courts in Delhi that deal with (iii) also in cases where the offence is proved.” criminal cases. The 152nd Law Commission Report (1994) Although, the Section 357 CrPc empowered on Custodial Crimes, had recommended the the courts to order the accused to pay introduction of section-357A, prescribing compensation to the victims, nonetheless this inter-alia that the compensation be awarded section was not frequently used by the lower at the time of sentencing to the victims of courts. However, earlier the lower courts found crime- Rs. 25000/- in case of bodily injury, not some practical constraints while applying resulting in death and Rs. 1,00,000 in case of Section 357 CrPc. Firstly, the language of death. In the 154th Report (1996) of the Law the Section 357 CrPc is such that it allows Commission of India on CrPC noticed that its issuing orders for only such compensations earlier recommendations have still not been as may otherwise be recoverable in the civil given effect by the government. It went one courts. Secondly, absence of a uniform head step further and recommended that it was under which compensation was granted. necessary to incorporate a new section-357-A Thirdly, there was no uniform criterion to in the Code to provide for a comprehensive calculate the paying capacity of the accused scheme of payment of compensation for all and the impact of crime on victim. All these victims fairly and adequately by the courts. impediments erstwhile the Delhi High Heads of compensation are for injuries, Court judgment prevented the lower courts for any loss or damage to the property of from using Section 357 CrPc for victim claimant which occurred in the course of compensation. Therefore, the Delhi High his/her sustaining the injuries and in case of Court judgment came as a boon and some death from injuries resulting in loss of support relief for victims of crime in getting victim to dependents. compensation. The Justice Malimath Committee on At present, there is no separate law for victims Reforms of Criminal Justice System in India

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Justice Malimath Committee made Police and Victim Support: A study of recommendations to improve the position of Japan victims in the criminal justice system. Some of A well-documented practice in Japan to the important recommendations include: assist victims in the Police station may be helpful in having a better understanding of t *G UIF WJDUJN JT EFBE  IJT PS IFS MFHBM victim’s support by the Police. The author representatives have the right to implead has done a field study of the practice in order as the party in every criminal proceeding to document the victim support system in where the offence is punishable with Japan. The author also visited a few Police seven years of imprisonment or more. stations in Japan and interviewed some t *OTFMFDUDBTFT XJUIUIFQFSNJTTJPOPGUIF Police personnel. This field study is mostly court, an approved voluntary organization the outcome based on interviews, scannings shall have the right to implead in court of official documents and surveys in the Mito proceedings. city of Japan. t 5IFWJDUJNIBTUIFSJHIUUPCFSFQSFTFOUFE Police in Japan have adopted measures to by an advocate and the same shall be support the victims of crime. This practice has provided at the cost of the state if the reduced the gap to a large extent between victim cannot afford a lawyer. the public and the Police. The helping attitude of the Police towards the victims has t 7JDUJNT IBWF UIF SJHIU UP QBSUJDJQBUF JO further encouraged the people to approach criminal trials. the Police at the time of trouble or for seeking help. Crime victims (including the bereaved t -FHBMTFSWJDFTUPWJDUJNTNBZCFFYUFOEFE families of the victims) not only undergo loss to include psychiatric and medical help, of life, physical injury, loss of property, other interim compensation and protection direct losses and damage but also suffer from against secondary victimization. what is known as indirect victimization like t 7JDUJNDPNQFOTBUJPOJTBTUBUFPCMJHBUJPO emotional shock, physical disorder arising in all serious crimes. from being the victim of crime and economic loss stemming from the medical expenses, Despite these recommendations by various loss of employment etc. national committees and commissions, the situation of victims in India remains grim. Key Issues Addressed The very first step by the victim for accessing Police in Japan help the crime victims after justice is a Police station. It is very pertinent receiving the complaint and arrest the to have a victim-friendly Police station. suspects. They also help them with recovery Behaviour of the Police while assisting the by minimizing the damage caused and victims plays a very significant role at this preventing the reappearance of crime. In threshold of criminal justice system. February 1996, the National Police Agency

January-March 2021 | 77 The Indian Police Journal issued its necessary policies delineating regarding the Police and also respond to the the measures for supporting the crime victim’s request for advice. victims. In May of the same year, the National A Counseling centre has been created Police Agency also established an office for within most Police headquarters to respond crime victims in the Allowance and Welfare to the citizen’s request for assistance. Also, Division of its Director-General Secretariat. telephonic counseling facility has been In pursuance of the Crime Victim Benefit created and can be reached from anywhere in Payment law, the National Public Safety the country by dialing 9110. People who call Commission specified “the Basic Policy on this number reach on the Comprehensive regarding the implementation of the support Counseling Centre, and additional facilities for victims of crime and others by the chief specializing in counseling for victims of sex of the Police Headquarters” which came into crimes and for juveniles have been set up. effect in 2002. In 2005, as per the National Government decision on the Basic Plan for the There are occasions when crime victims are Crime Victims, three investigative committees emotionally injured and require psychological were set up namely, Investigative Committee counseling. Hence to overcome emotional on the financial support, Investigative injury, the Police department has also Committee on Liaison and Support and organized counseling systems in which they Investigative Committee on support for dispatch officers with expertise in counseling private groups. and also work together with psychiatrists and psychologists. Police have taken specific initiatives for the support of the crime victims. Each Apart from providing services to the victims prefecture’s Police have prepared a pamphlet of various crimes, Police work in cooperation referred to as the brochure for crime victims with other institutions and organizations of murder, assault, rape or their bereaved which are as follows: family members. Officers distribute these Crime Victim Relief Foundation: It was pamphlets and also explain their content, established in May 1981; the foundation if necessary, when they interview victims or funds the scholarships to the children who when the crime has been reported. lost their parents to a crime. The foundation Strategy Applied also cooperates in various ways with life counseling and private victim support Police officers assigned to Police boxes or groups. the local Police officers contact victims living in the areas for which they are responsible. National Network for Victim Support: These Police officers provide the victims This was created in 1998 and is working to information helpful for recovery or prevention strengthen ties with victim support groups, of further injury, provide information on crime train the staff of private victim support prevention, listen to the victim’s expectations groups and also supports the victim self-help

78 | January-March 2021 Police Support for Victims of Crime in India: A Quest for Excellence groups. There are also ‘Private Victim Support Police Support for Crime Victims Groups’ which focus on the needs of the crime The victim often suffers not only physical victims by providing counseling for them to loss but undergoes social and psychological recover from their emotional injuries. These suffering as well. Whenever a crime occurs, Police in Japan assist victims financially and have been established in the various regions socially, as per the need of the victim. Some recently. Police officers are designated as ‘Victim Assistant Officers’ so that they can be available Early-Assistance-Providing Groups for any time for the victim assistance service. Also, Crime Victims: Each prefectural Public Safety the Police work in close cooperation with the Commission has been charged with the municipal and other private organizations for task of designating non-profit organizations their recovery. known as ‘Early-Assistance-Providing Groups According to one victim assistant officer for Crime Victims’ which have contributed to in Ibaraki Prefecture “so to meet the various the swift reduction in damage to the victims needs of the victim, cooperation of various and providing continuous support until they other organizations is extremely important”. regain some peace and stability in their lives. Police also distribute leaflets to the crime This includes awareness-raising activity, victims for victim assistance information. telephonic and face to face counseling, These leaflets contain information on criminal accompanying the victim to the hospital procedures and also the assistance services or the court and also providing volunteer provided to the victim. The information is there in eight different languages, including counselors. Chinese, English and Korean.

The network of Police and Related Apart from this, there are certain other Institutions and Organizations support systems provided for the crime Victims need support and assistance in victims. The government provides monetary compensation for the surviving families medical and court-related matters. Since the of the crime victims. At the Police stations, Police are unable to meet all these needs consultation services are provided. by themselves hence the coordination with Consultation services deal with crimes like legal, government and medical institutions is domestic violence, murder and rape. required. Based on this idea Liaison Council Practice Outcome for Victim Assistance, composed of the Police in Japan have established a system to Police, governor’s office, and other related contact the victims. Under this system, the institution and groups have been organized investigating officer contacts victims and in each prefecture across the nation. their bereaved families and provides them

January-March 2021 | 79 The Indian Police Journal with the information regarding criminal then the Police use the victim response procedures, crime victim support, progress of vehicles so as to make it possible for them the investigation, the arrest and processing to meet the Police at the place of his/her of the suspect. Police officers assigned to the choice and maintaining his/her privacy while Police boxes pay visits to the victim in the performing necessary interviews and on-site areas for which they are responsible. inspection of crime scenes.

There are counseling centres within most of All this, as mentioned earlier, is not the Police headquarters so as to respond to possible alone by the Police; hence it the citizen’s request for assistance. Telephonic needs the cooperation of various other counseling facilities have also been provided non-governmental organizations. Police, to the victims through which a victim can therefore, are working in close association contact the counseling centres from any part with many victim assistance centres. One of the country. Hence the victim can contact such victim assistance services providing the centres by dialling 9110 from anywhere organizations designated by the Ibaraki at any time. Apart from it, there are special Prefecture Public Safety Commission is facilities for counseling the victims of sex “Ibaraki Victim Assistance Centre” which crimes, for juveniles and other sensitive work in close association with the Police. crimes. The centre provides the Victim Advocates and Victim Counselors. These advocates and According to one of the residents of Ibaraki counselors are appointed on the basis of Prefecture in Japan, “Police in Japan are quite their experience in the victim assistance helpful and also concerned about the needs field. These Victim Advocates and Victim and requirements of the victims of crime. They Counselors provide telephonic as well as face also distribute the brochures in the Prefecture to face counseling and other direct services containing the services available for the crime on the request of the victim’s needs. These victims.” services might include accompanying the For providing better counseling facilities, victim to the court, securing a court gallery Police work together with psychiatrists and seat, explaining legal proceedings to the psychologists. Even during the investigation, victim and also if required arranging a press Police take care of the psychological needs conference for them. Other services provided of the victim so to avoid any secondary by them include assisting the victim when victimization. When officers are called to the applying for crime victim benefit. And all this victim’s home in an emergency like sexual is possible by the close cooperation of the assault, they use unmarked cars and dress in Police; hence Police work in cooperation with street clothes if the victim does not wish to these organizations in assisting the victim reveal the fact that he/she has contacted the and provide necessary support. Victims first Police. Whenever the victim feels reluctant to approach the Police, and are then referred by come to the Police station or the Police boxes, them to victim assistance organizations. This

80 | January-March 2021 Police Support for Victims of Crime in India: A Quest for Excellence also has helped to reduce the gap between rights and victim assistance be integrated the public and the Police. All these services, in into the recruitment training course and a way have made the Police more reliable in in-service training. It should be supported the eyes of the public. by the introduction of victimology as a core policing elective in Diploma and Post This practice has increased the cooperation graduate Diploma and Business Management between the Police and other victim (Justice Administration). Currently, as other assistance organizations. People have commissioners have followed this initiative, increasingly become reliable on the Police all Police personnel seeking promotion and Police also have taken the responsibility to sergeant or above in rank must hold for assisting the people in need and during their sufferings. Further, this practice could be an Advanced Diploma in Policing, which replicated in other parts of the world as well. incorporates ‘Victimology’ as a compulsory This would help in reducing the gap between subject. Since the late 1980s, it has been a the Police and the people and would also South Australian Police policy and practice make the Police sensitive to the needs and that whenever a victim reports an offence, demands of the victims of a crime. they should be given a booklet listing victim’s rights and outlining criminal justice process. Other best practices of the Police to assist The Commissioner also established Victims of victims in some other countries Crime Branch, now known as ‘Victim Strategy South Australia Section’. All this is considered as an essential move towards reorienting Police services to After the first UN Declaration of Basic the victim’s needs. Principles of Justice for Victims of Crime and Abuse of Power (1985), the South Korea Australian Police Commissioner committed the Police to providing a consistent approach The Korean Police Agency also has gone the for addressing the needs of victims of extra mile to establish a relation between crime. Also, at the same time developing the Police and the victims. For that matter, it strategies to reduce actual victimization operates a system called “Pihaeja Deachekgya” and risk of victimization. The Commissioner within the Criminal Investigation Bureau. The instructed that the Police should honour section assists the victims of crime who are victim’s rights. The instructions also take in touch with the Police. Furthermore, the into account the victim’s complaint about Korean Police established a program called an officer’s attitude or behavior. Also, the “Victim Supporters”. The program helps to Commissioner emphasized that the Police facilitate communication between the Police should treat all crime victims with respect and the victims. The Victim Supporters assist and dignity and keeping victims, whosoever victims in the criminal justice procedure, keep request, informed about the progress of the them informed and also advise them on their investigation. Further, the sessions on victim safety concerns. The agency well realized

January-March 2021 | 81 The Indian Police Journal that a victim of crime also goes through and behavior. This would be helpful in psychological trauma, hence keeping in treating victims with dignity and respect. mind the need of the victim, the Police 4. Sessions on victim’s rights and victim agency employed “special agents” in 2006 assistance should be incorporated into that are tasked to provide victims with crisis Police recruitment and training programs intervention and psychological “First-aid”. The as well as the in-service training programs. eligibility of each special agent is to have at least a bachelor’s degree in psychology and 5. Whenever victims report an offence, they also to have some practical experience in should be given a booklet listing victim’s psychological counseling. (Kim. 2012) rights in the criminal justice process.

Lessons for India from the practices in 6. The practice adopted by Korean Police Japan, South Australia and Korea could be replicated in India so as to The practices documented above have proved enhance the support system for the to be good practices in narrowing down the victims of crime. A special section of gap between Police and the victims of crime. officers could be assigned as “Victim They have further built up the trust of victims Supporters” to assist victims, inform them in the Police organization. This to a large about the services available and also extent helped in bringing down secondary victims can consult them on their safety victimization. Hence, certain lessons could concerns. be learnt from these Police practices. Some of These practices if incorporated could be them are listed below: helpful and would provide an impression 1. Creating counseling centres: in bridging the yawning gap between the Police and victims of crime. It would help in A counseling centre could be created enabling the victims to develop trust in the within Police stations so as to respond to citizen’s request for assistance. Further, Police organization. It would also enable telephonic counseling facility could them to have a voice in the entire gamut of be provided to the victims of crime. criminal justice system. Also, special counseling facility could Conclusion: Victim, Police & Victimology be provided to the victims of sex crime, The primary aim of penal victimology is to juveniles etc. attain equal justice for the victim and the 2. Collaborating with non-profit/non- offender. That does not in any way means governmental organizations working for abrogating the basic rights of the accused as victim’s support. it does not ameliorate the victim’s condition in the criminal justice system. 3. Replicating South Australia Model, the Police in India should take into account Police, when adequately staffed, trained victim’s complaints about Police attitude and funded can provide critical assistance

82 | January-March 2021 Police Support for Victims of Crime in India: A Quest for Excellence and information to victims as they begin Victimology? Some Reflections on the to progress through ‘the daunting criminal Concept of Victimology. In: S. Ben- justice system’. Good practice in policing David & G.F. Kirchhoff (ed.) International means that the Police should serve as a link Faces of Victimology (pp. 81-88). between victim and the criminal justice Monchengladbach: World Society of system, working in close cooperation with Victimology Publishing. victims of crime. In other words, victim should t $MJòPSE  8   1PMJDJOH B %FNPDSBDZ  be treated as an end in itself rather than a Australian Crime Prevention Council means to an end. Furthermore, Police should Quarterly Journal, 5(4), Sept-Oct. pp 1-9 work in close contact with other government agencies and victim support organization so t $PNNPOXFBMUI 4FDSFUBSJBU   #FTU as to provide a comprehensive response to Practice-Commonwealth guidelines for victim’s needs. the treatment of victims of crime, London Also, legal and administrative instruments GB: Commonwealth Secretariat both national and international i.e., t %VTTJDI +  1PMJDF7JDUJNT 1BQFS Declarations on victim’s rights, protocols or presented to Victimology and Victim guidelines should be compiled together as a Assistance Course, Stellenbosch, South handbook for Police as a guidance to govern Africa; World Society of Victimology Police treatment of victims. Victimology should become a part of curriculum in t &MJBT  3   5SBOTDFOEJOH 0VS 4PDJBM Police training. There should be appropriate Reality of Victimization: Towards a mechanisms to scrutinize Police performance New Victimology of Human Rights, and to open up avenues for victims for Victimology, 1985, Vol 10, pp:6-25 grievance redressal and feedback. Victims t (BSEOFS  +   7JDUJNT 4BUJTGBDUJPO should be provided with all information about with Criminal Justice System; A paper the services available to help them in dealing paper presented at the fifth Annual with the brunt of crime. This will increase the Conference of the Australian and New reliability of victims on the Police and would Zealand Society of Criminology, July. further narrow down the gap between the Police and the victims of crime. t (BSLBXF  4   3FWJTJUJOH UIF 4DPQF of Victimology-How Broad a Discipline References Should it Be? International Review of t r$VSUJT  .  1BOLIVSTU  (   /FX Victimology, 11, pp:275-294. South Wales: Phone in Survey of Victims t )BHFNBOO 0  4BIBGFS  1 BOE 4DINJEU  of Crime, Journal of Australian Society of S.(eds). (2009). Victimology, Victim Victimology,2, pp: 10-20 Assistance and Criminal Justice, WAZ- t #JFOLPXTLB  &   8IBU JT Druck.

January-March 2021 | 83 The Indian Police Journal t )FOUJH 7PO  5IF$SJNJOBMBOE)JT t .FOEFMTPO   7JDUJNPMPHZ BOE Victim: Studies in Sociobiology of Crime, Contemporary Society’s Trends, New Heaven, Yale University Press. Victimology, Vol I, pp:08-28. t )VOU %  7JDUJNTPG$SJNF5PXBSET t .VJS  +   " IBOECPPL PO QMBOOJOH a preventive approach, NPRU Review, and managing Police-based victim 3(1), pp. 5-18. assistance programs, Technical Report, Solicitor General, Canada. t *CBSBLJ 1SFGFDUVSF 1PMJDF   *CBSBLJ Prefecture Police Pamphlet, Japan, t /BUJPOBM $SJNF 3FDPSE #VSFBV   Pamphlet (English Translation) Crime in India. www.ncrb.nic.in t *OUFSOBUJPOBM "TTPDJBUJPO PG $IJFGT PG t /BUJPOBM )VNBO 3JHIUT $PNNJTTJPO Police (1999) What do victim want? Annual Reports, New Delhi, India. Online: Justice Strategy Unit (1999) t /FVNBO  &   7JDUJNJTBUJPO CZ Review on Victims of Crime-Report One, Police in Latin America, In Kirchhoff, Attorney-General’s Department, Justice Kosovski & Scheider(eds) International Strategy Unit, South Australia, Adelaide, debates of Victimology, WSV publishing: Monchengladbach, pp. 329-346. t +VTUJDF 4USBUFHZ 6OJU   3FWJFX PO t 0$POOFMM .  1PMJDF3FTQPOTFTUP Victims of Crime-Report Two (Victims Victim of Crime. Paper presented at the Survey), Attorney General’s Department, Asia post-graduate course on Victimology Justice Strategy Unit, South Australia, and Victim Assistance, hosted by Tokiwa Adelaide, University’s International Victimology t ,JN  +.   5IF DIBOHFT PG ,PSFBO Institute and Faculty of Law, University of victim policy in the last decade. In H, Indonesia. Morosawa, J, Dussich & G. F. Kirchhoff t 6/0%$   )BOECPPL PO +VTUJDF PG (eds), (2009) Victimology and Human Victims, UNODC, Centre for International Security: New Horizons, Netherlands, Crime Prevention. Wolf Legal. t 8JMTPO  $   1PMJDF BT 7JDUJNT PG t ,JSDIIPò ('  7JDUJNPMPHZo)JTUPSZ Crime, Journal of Australasian Society of and Basic Concepts. Dans: G.F. Kirchhoff, Victimology, Special Edition, April, pp. 61- E. Kosovski et H.J. Schneider (eds.). 62. International Debates of Victimology (pp.1-81). Mönchengladbach: WSV Publishing.

84 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions The Indian Police Journal @BPRD, MHA BPRD Publication 1 Dr. Nidhi Saxena www.bprd.gov.in Dr. Veer Mayank2

Abstract This increased use of the internet, has made life easier but on the other hand has simultaneously led to an increased threat of online crimes in particular cyber fraud. The paper analyzes the existing applicable Indian laws on cyber fraud cases while focusing on the numerous challenges that regulatory structures of the State are facing today. It also refers to efforts of the global body with regional efforts introduced to equip the region with advanced information technology and measures taken to control cyber security issues, fraudulent etc. activities on the internet. The research paper is based on two propositions: one, the specific roles and responsibilities of individuals; banking institutions. The Police and the government have to be reassessed and redefined. The roles of these individuals and organisations have evolved over a period of time and are generally well defined in the context of the existing societal norms and practices. However, they need to be redefined and contextualised in the emerging norms of an interconnected and cyber capable society. The second is the rules and procedures of cyber law enforcement have to be defined and polished because cybercriminals could range from an individual who is a child or novice to a well-accomplished software expert. Similarly a cybercriminal could be anyone who doesn’t understand the intricacies of the cyber domain to someone who creates such a cyber domain. This paper looks at the laws to regulate cyber crimes and attempts to offer suggestions for modifying these laws for addressing the emerging challenges.

Keywords : Cyber Fraud, Cyber Scam, Phishing, Cyber Fraudster, Financial Transactions.

Section I - Introduction or independently of the people who are conducting that activity. The medium Information and communication through which the activity is conducted technologies are extremely transformative along with the individuals who conduct the in nature. When an activity is conducted, it activity, influences the activity. In the offence is not done independently of the medium of cyber fraud, the act of stealing information through which the activity is conducted and thereby money is conducted in the virtual

Author’s Intro: 1 Assistant Professor, Department of Law, University (A Central University), Gangtok, Sikkim, India. 2 Assistant Professor, Department of Law, Sikkim University (A Central University), Gangtok, Sikkim, India.

January-March 2021 | 85 The Indian Police Journal world or cyberspace, thus both influence fraudulent activities. A drastic increase in the the offence, the medium itself cannot lead phishing websites has been seen in the year to the offence, similarly, fraudsters do not 20203 and it was a 350 percent increase from independently create the offence of cyber January to March.4 Studies reveal that the fraud. The internet or cyberspace is a free space increasing incidents of URL poaching,5 and unrestricted in terms of users; uncontrolled fake websites are enhancing the problems in in terms of activities; unseen in terms of particular businesses and the market sectors6 geographical borders and unbelievable in which badly affect the online customers and terms of potential and thus provides huge consumers thereby leading to a trust deficit. opportunities for the commission of online Cybercrime can be classified into two crime or cybercrime. Cyber crime evolved categories. The first category is where crimes from a minor nuisance to major crimes1 and are directed on computers and can only be thus changed cyberspace into a criminal committed in the online world. The second territory for miscreants to perform any illegal category is where computers or relevant activities which were difficult heretofore to information technologies are targeted. be performed physically. This category contains many offline crime Scourge of cyber fraud is plaguing the facilitated by information technologies.7 netizens and institutions with an increased Cyber fraud, a subset of cybercrime, comes frequency and potency. The virtual identity in the second category, where computers of fraudsters, which becomes difficult to or ICTs are integral to the offence and correlate with their identities in the real typically involve deception for the purpose of world, is increasing the difficulty for the obtaining the financial advantage.8 law and regulatory authorities in securing The statistics relating to cybercrime that their prosecution.2 The crime rate in society have been present are quite revealing as to reveals the vulnerabilities of that society the extent of the cybercrime and its impact to crime in general or to a specific crime which has seen an increase in the rates of 3 The head of the United Nations Anti-Terrorism Office highlighted a 350 percent increase in phishing websites during the year commission. In the case of a digital society, 2020. Vinod Rathore, 'Terrorist takes advantage of Corona crisis') . and a potent threat to the loss of property 4 Stu Sjouwerman, 'The U.N. counterterrorism chief says a 350% and security of individuals, institutions and increase in phishing websites was reported in Q1 2020') . 5 Anirban Banerjee et al, 'Cyber-Fraud is One Typo Away', in fraudulent activities during COVID-19 IEEE INFOCOM 2008 - The 27th Conference on Computer has not only inflicted human sufferings but Communications (IEEE, 2008) 1939-1947.. 6 In most of the cases URL are poached by competitions Greg also led to an enormous increase in online Holden, Starting an online business for dummies ( John Wiley & Sons, 2013). 1 Rick Howard, Cyber fraud: tactics, techniques and procedures. 7 Jacqueline M Drew and Lucy Farrell, 'Online victimization risk (CRC Press, 2009). and self-protective strategies: developing Police-led cyber fraud 2 S. O. Abu, O. M. Lateef and J. Echobu, 'Determinants of Cyber prevention programs' (2018) 19(6) Police Practice and Research Fraud Investigation in Nigeria' (2018) 2(2) Accounting & Taxation 537-549. Review. 8 Ibid.

86 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions on society. The crime rate in Indian society which is a specific site developed by the in particular cybercrime is dismaying. Ministry of Home Affairs (MHA) for online ‘Cybercrime Cell’ of Ahmedabad Police has registering of cybercrime cases has also shown a receipt of over 15,300 complaints registered a large number of complaints. related to financial frauds from January However, some findings say that cyber frauds 20209. USA’s Internet Crime Complaint Centre that are being committed are higher in (IC3) of the Federal Bureau of Investigation number in comparison to their reporting.16 (FBI) in its ‘Internet Crime Report’ for 2019 has It is believed that the growth in the number placed India at the third place amongst top of cybercrime activities is directly related to 20 countries based on the victims of internet the increase in online activities where people crimes.10 The report shows 93,796 victims operate without having acquired a sufficient in the United Kingdom followed by 3,721 knowledge of how to operate with security in victims in Canada and 2,901 in India11 were the virtual world. This inability to understand reported in 2019. The report further pointed cyberspace or hesitation to report incidences out that with a most reported complaint of of cybercrime results in the reduced reporting phishing and similar offences,12 cybercrime which means the data of commission of any has resulted in a loss of $3.5 billion in 2018. cyber fraud will not be reflected in the official crime statistics17. The 2019 report of the National Crime Records Bureau (NCRB) reported 27,248 cases Subsequent to the emergence of the of cybercrime in India in the year 201813. The pandemic, there has been a paradigmatic shift report also mentions that there were 1,34,546 regarding the approach of people for using cases of economic offences which include the internet for carrying out transactions. A forgery, cheating & fraud followed by 20,456 large number of new netizens are accessing cases of criminal breach of trust and 1,266 the internet for the first time every day and cases of counterfeiting during 201814. this includes people from all age groups, from all socio-economic backgrounds, from “The National Cyber Crime Reporting Portal”15 all levels of educational qualifications, from 9 Vaibhav Jha, ' turns hub of cyber crime during lockdown') all levels of literacy, from all sections of the . economy whether formal or informal. Statista 10 2019 Internet Crime Report, ('2019 Internet Crime Report'). in its study states an increase of nearly 700 11 Ibid. 12 FBI, '2019 Internet Crime Report Released- Data Reflects an million internet users across India in 2020, Evolving Threat and the Importance of Reporting', FBI. 13 Crime in IndiaIndia, ('Crime in India'). 14 Ibid. 16 Steven Kemp, Fernando Miró-Llinares and Asier Moneva, 'The 15 The Government of India took initiative to register cyber crime dark figure and the cyber fraud rise in Europe: evidence from complaints online and thus established this online portal. Spain' (2020) European Journal on Criminal Policy and Research This portal facilitates women and children to come forward 1-20. and report crime. These reported complaints are dealt with by 17 Sara M. Smyth and Rebecca Carleton 'Measuring the extent of law enforcement agencies/ Police based on the information cyber-fraud: A discussion paper on potential methods and data available in the complaints.National Cyber Crime Reporting Portal sources' (2011) Research and National Coordination Organized (NCCRP).Filing a Complaint on National Cyber Crime Reporting Crime Division Law Enforcement and Policing Branch Public Portal.. Safety Canada

January-March 2021 | 87 The Indian Police Journal largest internet population in the world18. are identified. The next section of the paper This increase in online activity resulted in an discusses the cyber-fraud incidents around increased use of “Digital Financial Services”19 the world, the general modus operandi led by increased online business activities20 of such crimes and thereby attempts to and digital transactions21. The increase in the highlight the gravity of the problem. number of online users in addition to this has Section II - Cyber Fraud Incidents around made the internet a prime territory for cyber the World criminals, be they the hackers or phishers and thereby has resulted in the frequency of One of the defining features of cyber fraud is targeting activities by cyber criminals. These the anonymity with which it can be carried incidents can produce chilling effects on the out. These frauds can be carried out from usage of the internet by common man since across jurisdictions and this contributes to if such high profile accounts having extra the anonymity of the perpetrator. However, security features could be compromised, researchers believe that a majority of fraud then how far safe are the regular users cases emanate from West Africa, especially 23 account? These miscreants are on a daily basis from Nigeria . coming up with a new idea and tactics. As a There have been several instances of cyber crime cannot be eradicated in totality, cyber fraud and they have led to huge losses for fraud too cannot be, but an understanding the victim. A very petrifying and terrifying of the methods of commission or tactics incident in the history of cyber fraud occurred appointed by the cyber fraudster can help in in Bangladesh24 in February 2016, where the 22 managing the risks. The problem can only US $1 billion were fraudulently transferred be tackled when the contours of the problem from the account of Bank in are recognized and the roles of various the ‘Federal Reserve Bank of New York’ stakeholders for enhancing cyber - security and also to different accounts without any authorization.25 A little of it could be recovered, 18 Sandhya Keelery, 'Number of internet users in India from 2015 to 2020 with a forecast until 2025') . 19 Omar Faridi, 'COVID-19 Is Leading to Changes in Consumer Another incident of intrusion took place in the Behavior such as Increased Use of Digital Financial Services, Now 27 Supported by Banks, Globally') . Criminality emanating from West Africa' (2018) 12(1) International Journal of Cyber Criminology 97-114. 20 However research shows that people are still avoiding digital transactions.Cashless Economy and Digitalization) (10th 24 Bangladesh Bank Fraud.Raju Gopalakrishnan and Manuel International Conference on Digital Strategies for Organizational Mogato, 'Bangladesh Bank official's computer was hacked to Success) ('Cashless Economy and Digitalization'). carry out $81 million heist: diplomat') . Payments Survey') . survey.ashx>. 26 Al Jazeera, 'Hacked: The Bangladesh Bank Heist') . control: financial markets & institutions 16-26. 27 Carbanak Bank Fraud

88 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions

$1 billion from banks worldwide.”28In the incident happened in the year 2015 where case of Carbanak bank fraud, the system was the personal information of 20 million people intruded and the databases were modified was compromised when the hackers from to the extent that the ATMs dispense cash29 China bypassed the security systems of the without the necessity of communicating with US Office of Personnel Management.35 These the terminals at the bank.30 This bank fraud are few instances where banking institutions continued for some time and the resultant were the target and a huge amount was loss was about 900 million dollars for the transferred from the account fraudulently. bank and some private customers.31 There are several ploys that cyber fraudsters are employing for the purpose of transferring Cyber frauds are targeting not only the large the money from innocent account holders. institutions and banks but also the common public in an increasingly systemic manner. Lockdown, 2020 imposed in many phases Though the targeting of the common too has led to an expansion in internet usage, populace is at an institutional level, yet increased activities on social networking sites, the effects are felt at the level of public online shopping sites and internet browsing resulting in the trust deficit with online during their free time. For maintaining social channels. In an incident, 56 million credit distance or to avoid cash payments in routine cards were compromised between April brick and mortar shops or doing business and September 2014.32 In this case of ‘Home activities, many people switched to digital Depot,’ there was a malware attack and the mode of payments. Every second person breach has cost approximately $62 million today has experienced a scam episode either loss.33 In 2013, the cybercrime that hit the by phone call or through message or by email ‘Target Corporation’ affected 10 million credit etc. or even facing issues of cyber fraud which cardholders by stealing their data.34 Another is instilling fear in them. An unprecedented 36 28 Charlie Osborne, 'Carbanak hacking group steal $1 billion from hacking of several high profile Twitter banks worldwide') . accounts including those of President 29 Europol, 'Mastermind behind Eur 1 Billion Cyber Bank Robbery Barack Obama, Joe Biden, Elon Musk, Bill Arrested in Spain') . 30 Matt Burgess, 'Inside the takedown of the alleged €1bn cyber Apple is a live but terrifying example of the bank robber') . 31 PYMNTS, 'How 100 Banks Got Hacked And Lost $900 Million') of proper security features in such accounts. . In response to this “coordinated social 32 Kate Vinton, 'With 56 Million Cards Compromised, Home Depot's 37 Breach Is Bigger Than Target's') . target-settles-2013-hacked-customer-data-breach-18-5- million-n764031>. 33 Michael Winter, 'Home Depot hackers used vendor log-on to steal data, e-mails') . cyberattack-shocked-us-government/>. 34 Reuters, ' 36 2020 Twitter BitcoinScam took place on July 15, 2020. Target Settles 2013 Hacked Customer Data Breach For $18.5 37 Associated Press, 'Twitter accounts of Bill Gates, Jeff Bezos, Million')

January-March 2021 | 89 The Indian Police Journal tweets from all verified accounts and blocked reasons for staggering growth in the cases of all compromised accounts. In this incident, cybercrime, with the reduction in the rates there were around 130 accounts targeted38 of traditional crimes, can be attributed to where one “fake tweet offered to send $2,000 the changed lifestyle and the changes in the for every $1,000 sent to an anonymous Bitcoin routine activities of the people, for as much address”39. they are staying a very little time on the streets Modus Operandi/Tactics of Committing outside their homes, and spending more Cyber Fraud time on the internet.42 The opportunities have been in a sense, so to say, snatched from The year 2020 appears to be very different the traditional criminals and been handed to from the previous years in the sense that the the cyber criminals. A steep spike in online nature and frequency of crimes will probably fraudulent activities is much in evidence undergo a phenomenal change. A different today. The FBI’s ‘Internet Crime Complaint picture of the crime rates may also emerge in Center (IC3)’ report points out that criminals the year 2020 and it may affect the statistics of are not doing any new fraudulent activity the National Crime Records Bureau (NCRB)40. instead deploying new tactics very wisely to The report may evince a sharp decline in the defraud people,43 which makes catching them commission of certain traditional crimes such more complicated day by day. The fraudsters as robberies, kidnapping, abductions, road are now more creative in cheating consumers rage, chain and mobile phone snatching etc., of their hard-earned money and they deploy while on the other hand, the rates of various new techniques and mechanisms. There are cybercrimes may increase. This means that several case studies that detail the tactics or the routine crimes that took place through ploys applied by cyber criminals to defraud offline mode are likely to be reduced in the people of their hard-earned money.44 number while an escalation in the rate of Some of the techniques that have been online or cybercrimes can occur. A study employed by cyber-criminals to achieve the finds that the rates of traditional crimes and purpose are being detailed below. cybercrimes are inversely correlated as when the rates of traditional crimes drop, the rates There is a bombardment of duplicates/ of cybercrimes move up and vice-versa.41 The phoney sites with just addition or subtraction indiatimes.com/magazines/panache/people/kannada-actor- chiranjeevi-sarja-dies-at-39/articleshow/76248306.cms>. of alphabet. Use of these phoney sites or fake 38 Twitter Support, 'Twitter Support', Twitter (Blog Post) . 39 Associated Press (n 39) 42 Howard (n 3) 40 Vallabh Ozarkar, 'City's crime graph drops in lockdown') . . 41 Stefano Caneppele and Marcelo F. Aebi, 'Crime Drop or Police 45 Omar Faridi, 'Over 300,000 Potentially Fraudulent Sites with Recording Flop? On the Relationship between the Decrease of Fake Celeb Endorsements Identified by UK’s National Cyber Offline Crime and the Increase of Online and Hybrid Crimes' 13(1) Security Centre, Half were Related to Cryptocurrency')

90 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions is now a common tactic by which fraudsters data of other countries is not much different try to extract personal information from from this. unsuspecting users, or simply advertise for Amongst various patterns of the cyber- some sale of products to users46 and thereby attacks, the common and most popular deceive customers47. method is the use of social media for Cyberspace is developing its own criminal making advertisements52 and thereby trick 48 marketplaces and financial arrangements people.53 Many people are receiving emails for the commission of cyber fraud. A recent from fake mail ids in the names of their incident in Australia details how fraudsters friends, relatives54 or colleagues who solicit used ‘WhatsApp’ media and convinced money for Covid-19 treatment etc. Similarly, users to hand over their personal details. fraudulent calls55 have also increased which The scammers used the WhatsApp account are supposedly from different government of a user to send messages to her contacts departments56 but they impersonate people where after getting the code from the person from such departments or calls with the in contact they logged his account with a offers of consumers’ assistance57 in many new device, resulting in impersonation.49 online activities or for online bill payments.58 However, it is just one of many that have noticed' DAILY MAIL seen the scam has exposed the extent of risk 52 In an Incident “fraudsters are targeting social media users from a page named “Asda Gifts” using sponsored adverts that offer to the netizens.50 The research in Australia the free voucher". Judy Johnson, 'Asda scam warning: Shoppers targeted on Facebook with £1,000 voucher scamAsda scam shows cybercrime rose during the COVID-19 warning: Shoppers targeted on Facebook with £1,000 voucher scam') . 53 A cardiologist at AIIMS received an email (spoofed) from the use of social media use which soared by 62 head of department’s account asking her to donate by buying Amazon gift cards where she lost around Rs. 3 lakh. Times 51 per cent during this period. However, the News Network, 'Cyber crooks dupe AIIMS doc of Rs 3L in name of donation') . related-to-cryptocurrency/>. 54 K V Kurmanath, 'How a cyber criminal clique created fake IDs of 46 Banerjee et al (n 7) dead techies, stole money') . loses-rs-14-lakh-to-online-fraud>. 55 Priyanka Navalkar, 'Cyber Fraud: Fraudster avails loan in 48 Alan Doig Michael Levi, Rajeev Gundur, David Wall, Matthew victim's name, dupes him of over Rs 1 lakh') . Change 77-96. 56 State Times News, 'Cyber Police overreached complainants 49 Ankita Chakravarti, 'Scammers impersonating as WhatsApp from Jammu; saved Rs 3 lakh from scammers') . as-whatsapp-are-sending-messages-to-users-do-not-fall-for- 57 Vijay Kumar Yadav, 'KYC fraud: Mumbai senior citizen it-1682818-2020-05-28>. duped by cyber fraudster of Rs 3.18 lakh') . com.au/story/6881303/scammers-take-australians-for-almost- 58 Navneet Dubey, 'Beware of these 4 frauds while making payments 100-million-so-far-this/>. via UPI amid lockdown') .

January-March 2021 | 91 The Indian Police Journal

These calls ask customers to click on the click on the link for getting complete details69 link specially generated for easy payment.59 resulting in loss of crucial information that Assistance in online payment may be a may be compromised later in losing money. modus operandi for the fraudsters.60 Even a Deceptive emails with an offer of a huge mere call may also lead to the loss of money.61 cash prize70 or recent benefits in treatment Online fake job offers,62 call for the KYC (Know etc. pertaining to COVID-1971 or using fear72 Your Customer) updation,63 or asking for the are various ways chosen by miscreants.73 The personal information64 credit card scams,65 UK Finance has shown concern of increasing offers of short term loans or re-scheduling of fraudulent activities during the corona virus monthly installments payments,66 calls from pandemic since fraudsters are using this crisis a network service provider for a better and period to manipulate people in giving out cheaper tariff plan67 are many frequently used their essential details which can be used for methods of fraudsters. People may receive impersonation.74 messages with information of deduction of certain amount68 where they will be asked to While electronic mailing is a very popular 59 Farhan Shaikh, 'Senior citizen duped of ₹5.54 lakh in online fraud') and common mode of committing crime, . text messages, smishing, fake websites, and 60 In Gurugram recently an incident of cyber scam has been reported 75 where a woman senior citizen was victimised by a scammer. This pharming are too in the list. The objective woman lives alone and pays all her utility and credit card bills through cheque. She received several calls from her telecom of these fraudulent practices is to extract service provider about the non-payment of her bill and was also refused acceptance of payment through cheque but was asked bank account details or credit card details to pay online. Owing to her inability to use online payment mode she accepted help to make the online payment of her bills offered or if possible money from consumers’ bank by a telecaller who misrepresented himself as the same telecom service provider. Thus believing him she provided all credit card accounts, mobile or e-wallets. Stealing credit details necessary for executing the payment. She was duped. Pushpa Girimaji, 'Lockdown leads to decline in crime, but sharp hike in online fraud') . click on the links that are sent through text 61 Pragna L Krupa, 'No OTP, no SMS, they can steal your money with a transaction you haven't done? Here's what to do') . this/articleshow/61577976.cms?from=mdr>. 62 13 youths from Uttar Pradesh duped nearly one lakh people from 69 Ajay Kumar, 'Danger online: Fraud link can empty your account') various states by offering fake jobs and other services on online . 13 youths held in Agra for using online classified ads’') . agra-for-using-online-classified-ads-portal-to-dupe-people-on- pretext-of-offering-jobs/articleshow/77823605.cms>. 71 Cristina Miranda, 'Scammers are using COVID-19 messages to scam people') . . 72 Brian Monroe, 'UK banking group reveals top ten Covid-19 frauds, including impersonating government agencies, dating app 64 Banerjee Tamaghna Banerjee, ': Three arrested for home romance scams') . three-arrested-for-home-loan-fraud-from-new-town-bank/ articleshow/77398869.cms>. 73 Gulf Times, 'Cyber fraud gang that stole nearly QR10mn busted') . 66 Girimaji (n 62) 74 Monroe (n 74) 67 Ibid. 75 India stands third among top 20 cybercrime victims, says report 68 Tania Jaleel, 'Has your bank account been debited for a (n

92 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions messages or emails are amongst other popular next section deals with the role of individuals methods of committing cyber fraud. Thus and banking institutions in tackling the once the details are compromised, the victim menace of cybercrime. ultimately loses his/her hard-earned money. Section III - Role of Individual, Institution As a bank customer one can also be a target in Regulatory Architecture for Controlling for the commission of cyber fraud. There Cyber Fraud are specific instances where it happens that Role of Individual when an account is opened through an online The Internet obscures geographic and legal channel, identity theft takes place and a false barriers and thereby creates a playground account is opened. However, these cyber for the fraudsters in borderless space to be frauds can be minimised through human fully explored for online accomplishments. intervention during the account opening The fraudster may commit crime from process, in an offline fashion. There is also the anywhere against anyone and thus remains possibility of cyber fraud during the online unbooked by the laws of any such nations operation of such an account like the addition where such offences take place. This global of a beneficiary or change of address. Also with nature of cyberspace/internet raises an the help of personal documents, one cannot issue of its regulation by any individual legal ignore the possibility of threats like account entity.76 In the absence of any such power or takeover, fraudulent address entry etc. possibility, an individual plays a very crucial role in avoiding any incident of cyber fraud Cyber fraud may take place during the by contributory means. Vigilant, aware payment if initiated through online mode. and prompt in taking action, netizens may A customer can be a victim of a host of save not only themselves from fraudulent cyber frauds such as card skimming; card victimisation but also many in the chain. A duplication (cloning); fake pin pad which banking institution in the absence of any can lead to compromising the PIN of the fault on its part may not be held liable if customer; malware attacks in the computer an unaware consumer/user leads to the or other online devices such as mobiles. And offence of cyber fraud. The Supreme Court of a possibility of cyber fraud is when making a California in ‘Apple Inc. v The Superior Court deposit which may lead to money laundering of Los Angeles County’,77 opined that the or transfer of money to a different account. “consumers should bear the risk of online Further, the balance can be inflated through credit card fraud and identity theft.”78 The role malware in the computer. of an individual or prospective victim cannot 76 Patricia Stolfi, 'Caveat Emptor: Regulating the On-Line Medicine Man in the New Frontier ' (2000) 17(1) Journal of Contemporary In the context of the above analysis, it is Health Law and Policy. necessary to investigate the role of the 77 Apple Inc. v. Superior Court, 292 P.3d 883 (Cal. 2013). 78 Jr James John Shield, 'Apple, Inc. v. Superior Court: Caveat Emptor: various stakeholders of cyber security. The The Future of Online Credit Card Transactions' (2015) 13(4).

January-March 2021 | 93 The Indian Police Journal be ignored as his promptness may change banking industry is utilising it in almost all of not only his faith but also of the fraudsters. its operations. Internet utilization and cyber- fraud increases risk in banking operations, Cyber Security Policy of India requires a and also exacerbates security issues thereby mechanism in the age of cyber for protecting undermining the public confidence in it. data from compromise by the external The increasing number of cases of financial parties.79 The policy mandates that “protecting crimes and cyber fraud needs attention. Thus cyberspace is a shared responsibility”80 “to meet the changing threat milieu, bringing and cyberspace entrusts everyone with a at the latest international standards relating responsibility to at least keep their own space to the governance of IT, and incorporate secure which when followed by everyone information security measures to tackle cyber leads to the security of all.81 An emphasis on fraud apart from enhancing independent technology-neutral policy was also placed by assurance about the effectiveness of IT Indian cyber security policy with an insistence controls’’85 a ‘Working Group on Information that the policy may provide an opportunity to Security, Electronic Banking, Technology Risk individuals or organisations etc. as the case may Management and Cyber Frauds’ headed by be to have their own security measures based the executive director Mr. G. Gopalakrishna on their own technical and other requirements was constituted by the Reserve Bank of 82 to fight with the issues and danger. India (RBI). This working committee had Cyber security policy emphasizes that not all produced its report in January 2011 which attacks need special security measures thus is popularly known as the ‘Gopalakrishna 86 a precautionary protection may reduce the Committee Report’. There were several risk in many threats even at the individual recommendations of the ‘Working Group’ level;83 the principle applies in the cases of on IT Governance; Information Security; IT operations; IT outsourcing; IS Audit; Business cyber frauds. This creates a liability on the Continuity Planning (BCP); Customer government to educate the public on cyber Education; Cyber Fraud and Legal Issues. hygiene, safe computing etc.84 Based on these recommendations of the Institution in Regulatory Architecture - The committee, the Reserve Bank (RBI) had Reserve Bank (RBI) on controlling Cyber provided guidelines87 on several aspects Fraud of electronic banking including that on maintaining security of information and Today information technology is part and risk management to prevent cyber-frauds, parcel of the banking business and the wherein it was indicated that the measures 79 National Cyber Security Policy -2013India, ('National Cyber Security Policy -2013'). 85 Working Group on Information Security, Electronic Banking, 80 Ibid. Technology Risk Management and Cyber FraudsMumbai (, ('Working Group on Information Security, Electronic 81 Ibid. Banking, Technology Risk Management and Cyber Frauds'). 82 Ibid. 86 Ibid. 83 Ibid. 87 Circular DBS.CO.ITC.BC.No.6/31.02.008/2010-11 dated April 29, 84 Ibid. 2011

94 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions suggested for implementation cannot The banks are directed to be careful in be static and banks need to proactively business or operational requirements and create, fine-tune or modify their policies, should comprehensively address network procedures and technologies based on new and database security. The databases and developments and emerging concerns. For networks should be behind manual control IT governance the ‘working group’ suggested and there should be a well-defined procedure the formulation of a ‘Board’ within the banks. for access to such databases and networks The board is entrusted with certain key which should invariably be closed in case of functions that include approval of IT strategy88 default conditions being met. for banks and contriving of document for RBI mandated banks to put in place a cyber- regular management of IT functions.89 The security (CS) policy elucidating the strategy ‘working group’ emphasized the importance containing an appropriate approach to of having an isolated self-contained structure combatting cyber threats. The CS policy of information security management isolated should have taken into account the level of through information security procedures complexity of the business, acceptable levels and functions.90 These procedures should of risks and other associated factors that be congruous with ‘the nature and size of may have an impact on the security such as activities of banks’,91 extent of IT leverage and management and culture etc. before it gets use of e-delivery channels92 for products. On approval of the Board. The cyber-security (CS) IT operations, the emphasis of the working policy needs to be distinct from the broader group was on identification of threats and IT policy / IS Security Policy. Banks are asked vulnerabilities inherent in the provisioning to ensure the confidentiality and integrity of business services for customers. The recommendation of the working group of customer data. They are required to keep was to conduct periodic risk assessment to continuous surveillance through the Security identify vulnerabilities in the operations and Operations Centre (SOC) by setting up and thereafter implement measures that are in operating a Security Operations Centre (SOC) compliance with regulatory requirements and to monitor and manage cyber risks in real- are adaptable to their business environment. time.

Based on the report, Reserve Bank of India The RBI has also provided banks with the (RBI) asked for 24x7 operational conducive IT Cyber Crisis Management Plan (CCMP) as a security systems in banks. The system should major directive to the banks. ‘Cert-In’ a national be well-staffed, active, regularly updated on nodal agency that has been in operation 93 the latest nature of emerging cyber threats. since 2004 brought the National Cyber 88 Board level IT Strategy Crisis Management Plan (CCMP) and Cyber 89 (n 87) Security Assessment Framework (CSAF). Cert- 90 Ibid. 91 Ibid. In was constituted according to section 70 92 Ibid. 93 Cert-In.

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B94 of the Information Technology Act, 2000 phishing, spear phishing, whaling, vishing by the Central Government and according frauds, drive-by downloads, browser gateway to the power given therein. Cyber Crisis fraud, ghost administrator exploits, identity Management Plan (CCMP) should address frauds, memory update frauds, password the four aspects that include (i) Detection (ii) related frauds, etc. As part of cyber security Response (iii) Recovery and (iv) Containment. preparedness, the banks need to report all unusual cyber-security incidents (whether Directions further include taking effective they were successful or were attempts measures to prevent cyber-attacks and to which did not fructify) to the Reserve Bank promptly detect any cyber-intrusions so as to of India. Cyber security awareness among respond/recover/contain the fallout. stakeholders can also form a part of cyber The banks are directed to be prepared against security preparedness indicators. cyber-threats such as ‘zero-day’ attacks, The banks are directed to submit both remote access threats, targeted attacks, summary level information as well as details distributed denial of services (DDoS), ransom on information security incidents including ware/ crypto ware, destructive malware, cyber-incidents. Banks are entrusted with business email frauds including spam, email the liability to report material gaps in 94 Section- 70B of Information Technology Act, 2000 70B - Indian Computer Emergency Response Team to serve as national controls with the proposed measures that agency for incident response. - (1) The Central Government the banks are planning to undertake for the shall, by notification in the Official Gazette, appoint an agency of the Government to be called the Indian Computer Emergency purpose of improving cyber security in their Response Team. (2) The Central Government shall provide the agency referred to in sub-section (1) with a Director-General and operations. For managing the cyber security such other officers and employees as may be prescribed. (3) The salary and allowances and terms and conditions of the Director- threats in banks the organizational set-up General and other officers and employees shall be such as may be prescribed.(4) The Indian Computer Emergency Response Team has to be timely reviewed and modified. shall serve as the national agency for performing the following functions in the area of cyber security,- (a) collection, analysis Organizational arrangements and set-ups and dissemination of information on cyber incidents; (b) forecast and alerts of cyber security incidents; (c) emergency measures are important for Cyber-security awareness for handling cyber security incidents; (d) coordination of cyber incidents response activities; (e) issue guidelines, advisories, among stakeholders / Top Management / vulnerability notes and whitepapers relating to information security practices, procedures, preventation, response and Board. reporting of cyber incidents; (f) such other functions relating to cyber security as may be prescribed. (5) The manner of performing functions and duties of the agency referred to in sub- Cyber security cannot be achieved unless the section (1) shall be such as may be prescribed. (6) For carrying out the provisions of sub-section (4), the agency referred to in entire organization is trained to handle cyber sub-section (1) may call for information and give direction to the service providers, intermediaries, data centres, body corporate operations properly, including people in and any other person. (7) Any service provider, intermediaries, the top management to the customers. The data centres, body corporate or person who fails to provide the information called for or comply with the direction under sub- efforts of the government of India, RBI and section (6), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to the banks are in this direction. However, the one lakh rupees or with both. (8) No court shall take cognizance of any offence under this section, except on a complaint made regulatory structure for the management of by an officer authorised in this behalf by the agency referred to in sub-section (1).] CERT-IN (Computer Emergency Response cyber-security in banks needs an overhaul. Team) is nodal agency– India, is a Government entity and has been taking important initiatives in strengthening cyber-security by providing proactive & reactive services as well as guidelines, While cyber fraud has to be tackled through threat intelligence and assessment of preparedness of various agencies across the sectors, including the financial sector. proactive screening and copious security

96 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions measures, the necessity of a legal framework individual nations. The next sub-section to apprehend and prosecute cyber-criminals discusses the regional and national initiatives forms an important part of the overall that have been taken to tackle the menace of cyber security framework. A resilient legal cybercrime and the cyber frauds. framework for managing cyber security Regional Initiatives matters and crimes goes a long way towards preventing cybercrimes. The next section The cognizance to introduce a uniform law discusses the legal and regulatory framework on cybercrime could actualise only in 2001 for managing cyber-issues and crimes. with ‘Council of European Convention on Cybercrime, 2001’ comprising 47 European Section IV - Regulatory Framework member states decided to put in place the Cyber space provides a frequent and first international ‘Convention on Cybercrime’ enormous ‘interstate communication’ and drafted the convention in conjunction where millions of users can interact in many with the USA, Canada, and Japan. The jurisdictions effortlessly.95 This increasing Convention alternatively referred to as frequency leads to complexity which cannot ‘Budapest Convention’ is the first transnational be resolved as cyberspace lacks any uniform instrument on crimes committed online laws. The “principles of state independence, which ‘aims principally at- sovereignty and territorial integrity,”96 give (1) harmonising the domestic criminal these different jurisdictions in cyberspace substantive law elements of offences to exercise the authority “to make laws and connected provisions in the area of binding on things and all persons within cybercrime, its geographical entity, called a country”.97 The difference of legal framework in each (2) providing for domestic criminal jurisdiction carries an issue of conflict of laws procedural law powers necessary for that leads to the failure to resolve the dispute the investigation and prosecution of or an incident of cyber fraud/crime occurring such offences as well as other offences in between two parties belonging to two committed by means of a computer different jurisdictions. system or evidence in electronic form,

The jurisdictional issues in attending (3) setting up a fast and effective regime of to the menace of cybercrime has led to international cooperation. the negotiation of several treaties at the “To promote the harmonization and international level since tackling the spread unification of international trade law,”98 the of cybercrime is beyond the capacity of first international instrument, a model law 95 Richard H. Ackert, 'Choice-of-Law Questions in Cyberfraud' (1996) 1996(1) University of Chicago Legal Forum: . on electronic commerce, 1996 came into 96 E. F. G. Ajayi, 'Challenges to enforcement of cyber-crimes laws and 98 United Nations Commission on International Trade Law, policy' (2016) 6(1) Journal of Internet and Information Systems 'UNCITRAL model law on electronic commerce, with guide to 1-12. enactment, 1996 : with additional article 5 bis as adopted in 1998' 97 Ibid. (1999) New York : United Nations.

January-March 2021 | 97 The Indian Police Journal existence.99Many countries framed their laws For improving information infrastructures in the light of the provisions of the model law. in 2005 ‘Lima Declaration’ was issued at the India too based provisions of the Information ‘APEC Telecommunications and Information Technology Act, 2000 on model law on Ministerial Meeting’103. This Declaration has electronic commerce, 1996 which was later not only addressed network security but also amended in 2008. emphasised the establishment of computer emergency response teams (CERTs). To In the absence of any international ensure access of information technology instrument governing cyberspace, the issues to everyone, harmonising frameworks for of cybercrimes are posing challenges to securing transactions and communications, every nation. Thus a common criminal law and combating cybercrime, APEC Economic policy if adopted by all countries concerned Leaders adopted the “APEC Strategy to Ensure similar to the initiative of ‘European’ nations a Trusted, Secure and Sustainable Online as ‘European Convention can help in fighting Environment.”104 against cybercrime. Established in 1990 the ‘APEC There are some regional efforts also to counter Telecommunications and Information the cybercrime issues that include initiatives Working Group (TEL WG)’ is working for the by “The Asia-Pacific Economic Cooperation building of information and communication (APEC).100” The forum has a goal101 of the technology (ICTs) infrastructure and service.105 economic prosperity of the region. The forum APEC Telecommunications and Information recognised information and communications Working Group Strategic Action Plan 2016- technology (ICT), as a very important 2020 contains a vision, an objective, guidelines, medium/ tool for the business, trade and priority areas and implementation policy etc. ultimately economic growth and is thus the with a focus on cyber security issues in the mandate of the APEC Telecommunications age of rapid advancement in information and Information Working Group (TEL). In technology.106 The Organization for Economic the furtherance of its mandate TEL in 2002 Co-operation and Development’s (OECD) issued the ‘APEC Cyber Security Strategy’102. ‘Working Party on Security and Privacy in the The strategy document has focused on many Digital Economy’ initiated a multi-stakeholder key important areas such as cybercrime process in 2012, the purpose of which was to legislation, security and technical guidelines, 103 Lima Declaration - The Sixth Apec Ministerial Meeting on the Telecommunications and Information Industry (Telmin6)Lima, public awareness, and training and education. Peru), ('Lima Declaration - The Sixth Apec Ministerial Meeting on the Telecommunications and Information Industry (Telmin6)'). 99 Ibid. 104 APEC Economic Leaders 'APEC Strategy to Ensure Trusted, 100 The NATO-CCDCOEaccredited cyber defence hub and is the NATO Secure and Sustainable Online Environment') . StrategyOnlineEnvironment.pdf>. 101 Goal - “to support sustainable economic growth and prosperity 105 APEC Telecommunications and Information Working Group in the Asia-Pacific region (APEC). The Asia-Pacific Economic Strategic Action Plan 2016-2020, ('APEC Telecommunications and Cooperation (APEC), 'Mission Statement') . 106 APEC Telecommunications and Information Working Group 102 APEC Cyber Security Strategy, APEC Telecommunications and Strategic Action Plan 2016-2020, ('APEC Telecommunications and Information Working Group (' APEC Cyber Security Strategy'). Information Working Group Strategic Action Plan 2016-2020').

98 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions review the ‘2002 Guidelines for the Security be held responsible for the same, however, in of Information Systems and Networks: case of cyber fraud in most high profile cases, Towards a Culture of Security”.107 This review it is some kind of system error caused leading recommendation was adopted by the OECD to the commission of the crime. The question Council in September 2015108 and the OECD that has to be asked is in the case of the council was called into action due to the cyber world, if the manufacturer of a cyber- large-scale digital security incidents with system fails, can responsibility be fixed upon potential economic consequences.”109 The him that the manufacturer didn’t warn? Can Recommendation of 2015 is complemented responsibility be fixed upon any of the social by the recommendations of December media sites that they are not responsible 2019.110 enough to safeguard data or they allow links to reach the victim? In the cyber world as in Indian Regulation the real world, the responsibility is that of the Indian laws don’t define cyber fraud. In perpetrator of cybercrimes and not of the the absence of any statutory definition, it intermediary. It is difficult to be carried out, is difficult to understand what constitutes leaving out cases of carelessness or where cyber fraud. Cyber fraud cannot be defined the victim is not fully aware of if the system by stating that fraud that takes place in is secure. the physical world when transferred to the Cyber fraud can be described, based cyber world becomes cyber fraud. This is a on various activities carried out by the very imprecise and imperfect definition or fraudster. Nevertheless, the extent of fraud description. Cyber fraud is distinct in one victimization”111 is also a contributing factor important aspect of real-world fraud. In a in the definition. Cyber-frauds or cyber-scams real-world fraud, fraud is committed by the are frauds that exploit mass communication individual concerned. In the case of cyber technologies such as email, instant messenger, fraud, while the victims can be stated in some and social networking sites to trick people. cases as irresponsible on account of being Many designate it a hybrid crime112 due to its careless, but primarily cyber fraud relies commission in two spaces, the real space and upon the cyber system in which it is being cyberspace. The growth and expansion in conducted. This makes cyber fraud distinct cyberspace is very rapid and enormous and from real-world fraud. In the case of real- thus uncontrolled for the fraudulent activities world fraud, in most cases the system cannot which may take place internationally. In 107 Security of Information Systems and Networks, ('Security of Information Systems and Networks'). cyber fraud, fraudsters are constructing new 108 Digital Security Risk Management for Economic and Social Prosperity OECD Recommendation and Companion Document, ways to hack victims’ personal and crucial ('Digital Security Risk Management for Economic and Social Prosperity OECD Recommendation and Companion Document'). financial information then appropriate 109 Recommendation of the Council on Digital Security of Critical 111 John L. McMullan, 'Cyber Fraud, Online Poker, and Order- Activities, ('Recommendation of the Council on Digital Security of Maintenance in Virtual Worlds' (2012) 16(3) Gaming Law Review Critical Activities'). and Economics. 110 Ibid. 112 Stefano Caneppele and Aebi (n 43)

January-March 2021 | 99 The Indian Police Journal them for their use.113 In the absence of any section 409118 if the offence of criminal breach statutory definition or understanding of of trust is committed by a public servant cyber fraud, Indian courts apply provisions or by a banker or merchant or agent. This of ‘’ in most of the cases. section will be applicable when cyber fraud For conceptualising Indian perspective on is committed with the help of or by bankers fraud section 17114 of the Indian Contract or bank employees or people taking care of Act, 1872 could be referred, which contains the accounts of account holders or handles the element of intent to deceive. Thus fraud important crucial sensitive data/information is an act or omission which is intended to and thus disposes of that data/ information cause wrongful gain to one person and for the commission of online (offline) wrongful loss to the other, either by way fraudulent activities. of concealment of facts or otherwise. The Section 415119 of Indian Penal Code, 1860 (IPC) definition contains the element of intentional defines ‘Cheating’ which is punishable under deceiving. This definition is applicable in section 417120 of Indian Penal Code, 1860. either contractual matters only or matters An offence of cheating is committed when which may lead to the establishment of the a person deceives others or fraudulently or contractual relationship. For the commission dishonestly induces to deliver any property of cyber frauds and similar ploys in etc. Under various provisions of Indian Penal cyberspace existing criminal law is ‘the Indian Code, 1860 different acts of cheating are Penal Code, 1860’ (IPC). ‘The Indian Penal punishable with enhanced punishments. This Code, 1860’ under various provisions makes includes cheating by impersonation, which certain fraudulent activities punishable under defined under section 416.121 The offence is sections 403 - 406, section 409, sections 415- punishable under section 419122. The offence 418, section 420, section 463 and section of cheating by impersonation is committed 465. Section 403115 of the ‘Indian Penal Code, when any person cheats by pretending to be 1860’ makes dishonest misappropriation of some other person, knowingly substitutes the property a punishable offence. Section or misrepresents himself as another. The 405116 of the Indian Penal Code defines fake calls in the name of service providers criminal breach of trust and makes dishonest etc. or fake electronic males on behalf misappropriation or conversion of property, others (relative, friends or colleagues), or by or dishonest use or disposes of property in representing oneself as a bank employee, violation of any direction of law a punishable customer care executive etc. would be offence under section 406.117 The section covered under section 419 of the Indian Penal provides an enhanced punishment under 118 Section 409 The Indian Penal Code, 1860, Act No. 45 of 1860 113 Morgan Rennie, 'What is Cyber Fraud?') . 1860. 114 Section 17 in The Indian Contract Act, 1872Act No. 9 of 1872 120 Section 417 Punishment for cheating.The Indian Penal Code, 115 Section 403 The Indian Penal Code, 1860, Act No. 45 of 1860 1860, Act No. 45 of 1860. 116 Section 405 The Indian Penal Code, 1860, Act No. 45 of 1860 121 Section 416 The Indian Penal Code, 1860, Act No. 45 of 1860 117 Section 406 The Indian Penal Code, 1860, Act No. 45 of 1860 122 Section 419 The Indian Penal Code, 1860, Act No. 45 of 1860

100 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions

Code, 1960. Section 418123 punishes cheating network is liable under this section. Section 43 with the knowledge that wrongful loss may is a civil wrong; however, if the same offence is ensue to a person whose interest the offender committed dishonestly or fraudulently, then is bound to protect whereas, section 420124 the doer shall be punished under section punishes cheating and dishonestly inducing 66129 of the Information Technology Act, delivery of property.125 2000. Here “dishonestly” and “fraudulently” shall have the same meaning as assigned to Section 418 of IPC is applicable to offences it in section 24 and section 25 of the Indian where the offence is committed by employees Penal Code (45 of 1860) respectively.130 Very or agents as they are in the possession recently a case131 was filed in the High Court of of crucial information of bank customers Judicature, Patna, under section 66 and with and their disclosure may result in a serious several other provisions of the Information loss to the customers, ATM fraud is when information shared by bank employees, Technology Act. In this case the petitioner will be covered under this section. Section contended that there were as many as 87 463126of IPC defines ‘Forgery’ as an intentional fraudulent transactions between specific act to cause damage or injury by the creation periods but he didn’t receive any mobile of false documents or false electronic record, message from the bank which shows the which is punishable under section 465127. connivance of the Bank officials in the alleged transactions. The case raised a very important Cyber fraud takes place while using internet issue of liability of bank officials if the bank or electronic devices such as computers, failed to inform its customer about any such mobile phones, various applications/apps, transaction that took place in the account of social sites. It invites provisions of “The the account holder. Information Technology Act, 2000 (IT Act)”. The applicable provisions are under section Section 43A132 fixes liability on a body 43, 66, 43A 65, 66C and 66D. Section 43128 corporate, if it is negligent in protecting data prescribes a penalty and compensation for and its negligence results in wrongful loss or any mentioned act if performed unauthorized wrongful gain to any person and thus asks for on the computer, computer system, etc. There compensation. The section is civil in nature. is a list of activities which are prohibited and Chapter XI of the Information Technology anyone who does these mentioned acts Act, 2000 contains the provisions of offences. without permission of the owner or in-charge The offence of identity theft is placed in this of a computer, computer system or computer chapter under section 66C133. This section134 123 Section 418 The Indian Penal Code, 1860, Act No. 45 of 1860 124 Section 420 The Indian Penal Code, 1860, Act No. 45 of 1860 129 Section 66 The Information Technology Act, 2000. 125 Section 420 Cheating and dishonestly inducing delivery of 130 Explanation Section 66 The Information Technology Act, 2000. property. The Indian Penal Code, 1860, Act No. 45 of 1860. 131 Sonu Kumar vs. The State of Bihar (High Court of Judicature, Patna 126 Section 463 Forgery. The Indian Penal Code, 1860, Act No. 45 of )25 February, 2020 1860. 132 Section 43A The Information Technology Act, 2000. 127 Section 465 The Indian Penal Code, 1860, Act No. 45 of 1860. 133 Section 66C The Information Technology Act, 2000. 128 Section 43 in The Information Technology Act, 2000 134 Section 66C The Information Technology Act, 2000.

January-March 2021 | 101 The Indian Police Journal punishes fraudulent or dishonest use of the means of any communication device or “electronic signature, password or any other computer resource. Section 65139 of IT Act, unique identification feature of any other 2000 punishes tampering with computer person”135. This section is applicable to all source documents. In ‘Sanjay Kumar v. the the cases where personal information like State of Haryana’140 the Punjab-Haryana High password or any unique identification feature Court restored the judgment of the trial is stolen by phishing, vishing, smishing, court and held the accused had forged the pharming, credit card skimming, etc. Creating electronic document. The court found in this a fake duplicate account or creating multiple case the tampering with the computer source email-ids in someone else’s name are quite documents and alterations in the information commonly used tactics for stealing data that stored in the computer resource and thus cyber fraudsters are using for committing the accused guilty of Sections 65 and 66 of the offence of cyber fraud. In a case136 decided Information & Technology Act, 2000 read by Delhi High Court, the court expressed the with provisions of Sections 420, 467, 468 and concerns for the inadequacy of laws to deal 471 of the Indian Penal Code. with offences such as phishing, however, the The computer is an inalienable part of life court decided the case and observed and is used by every sector of the society “..no legislation in India on ‘phishing’. An act and thus provides equal access and equal which amounts to phishing, under the Indian opportunities to everyone leading to the law would be a mis-representation made in growth and development. Yet the challenges the course of trade leading to confusion as to the investigating and prosecuting to the source and origin of the email causing authorities are quite high. The globalised immense harm not only to the consumer but connection of cyber fraud poses challenges even the person whose name, identity or to the investigation and sometimes some password is misused. It would also be an act crimes need to be investigated by the of passing off as is affecting or tarnishing the specialised agency. In India these cases image of the plaintiff, if an action is brought are investigated by the Central Bureau of by the aggrieved party…..”137 Investigation (CBI) and “CBI being a central Creation of fake websites is also popular agency with pan-India presence and links modus operandi used since the last decades. with the ; has the wherewithal and Section- 66D138 prescribes punishment mandate to investigate the crime in question, 141 for cheating by impersonation by using if the Court so directs” . However, the court computer resources if anyone does it by specified that for the investigation to be done 135 Ibid by CBI the grievance of the complainant/ 136 National Association Of Software vs Ajay Sood And Ors 119 (2005) victim must not be of private nature. DLT 596 137 National Association Of Software vs Ajay Sood And Ors 119 (2005) 139 Section 65 The Information Technology Act, 2000 DLT 596 140 Sanjay Kumar vs. State of Haryana CRR No. 65 of 2013 (O&M) 138 Section 66D The Information Technology Act, 2000 141 Ali Ibrahim vs. The State Of Kerala. WP(C).No. 11125 of 2015 (M)

102 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions

The number of fraud registration is crucial The national investigating and prosecuting for any investigation. In the year 2018, the authorities face numerous challenges due to Indian government launched its ‘National the absence of any definitions of cyber fraud Cyber Crime Reporting Portal’ for citizens to under the existing laws. There are endless ways register their complaints online. Under this of cheating people and in such a situation initiative, cyber cells in various cities across inadequacy of laws is posing challenges to the country have also been training Police combat cyber fraud. Investigating officers and government employees how to handle investigate these crimes under various digital security incidents and increase public provisions under existing laws and in the awareness at the same time. Thus registering absence of grave punishment the spunk a crime and then its investigation got a and fearlessness are so high that fraudsters direction. are uncontrolled in the commission of these crimes. Any straight-tight jacket cannot be Section V - Conclusion provided to define cyber fraud and to cover all The prevalence and impact of cyber the cases in one definition is not just difficult fraud have become a global issue. The but a challenge as some wrongs are of private exponential increase in mind-boggling nature and against private individuals while innovative techniques of commissioning some affect the public as a whole. A chapter cyber fraud is not merely posing immense on cyber fraud containing varying provisions and terrific challenges to the investigating for different acts needs to be incorporated machinery but also increasing the concerns through an amendment in the Information of global government. Cyberspace has Technology Act, 2000. Further, the liability never respected the geographical borders of intermediaries in some cases needs to be created in financial matters and accordingly a principles and forced international bodies provision of the same needs to be included by to come forward with a common policy an amendment in the IT Act, 2000. However, to curb the menace. ‘Council of European in the absence of any such laws, an act of Convention on Cybercrime, 2001 is still there awareness of people may play a vital role in as the only convention to deal with the issues preventing victimisation. of cybercrime. Absence of any further efforts amongst the nation makes the situation The Reserve Bank of India has issued directives worse. However regional efforts by ‘The Asia- from time to time to the banking institution Pacific Economic Cooperation (APEC)’ and and advisories to people for keeping their endeavour of the ‘Organization for Economic money safe thereby reducing the risk of Co-operation and Development’s (OECD)’ commission of cyber fraud. There is a need show the concern of global society, but the on the part of banks to be quintessential in expansion in the criminal and fraudulent performing their duties towards banking activities in the year 2020 have exposed the customers while strictly abiding by the profundity of these efforts. guidance of RBI. Since a more vigilant public

January-March 2021 | 103 The Indian Police Journal can reduce the risk of cyber fraud, policy and but it is still a long way to go till people planning to create awareness on means and start understanding the modus operandi mechanisms to stay safe from cyber scams is of the cyber criminals and the enforcement much needed with the laws on cyber fraud. agencies start getting an the upper hand on such criminals. The exposed tactics and The lack of awareness on cyber hygiene techniques of fraudsters for defrauding leads to critical digital vulnerabilities and within and outside India reveal one thing inadequacy of traditional crime reaction that the primary line of defence should be to methods while being aware carries delay the payment - most of the users are not responsibility as it may infect others if not business account holders dealing in financial cured on time, thus awareness on the matter derivatives where payment by a certain time may help in reducing the risk of victimisation is important. Nothing is going to happen if of that second individual. It is, therefore, payment is delayed by a few hours or a day. necessary that banks should have a policy of In case of activities which are suspicious, creating awareness amongst the stakeholders delaying the transaction to complete it at so that cyber security threats can be a later time is advisable while immediately addressed through prevention mechanisms. reporting the transaction to the authorities. Most cyber frauds incidents go unreported or Timely action may result in an indemnification if reported, unresolved owing to the reason, if proper precautions are taken and thus infrastructure and process to tackle such have established that the fault was not cases are largely inadequate. This possibility contributory or self-induced. The operating diminishes as soon as cyber fraudsters traverse motto for cyber financial transactions is ‘Delay geographical boundaries. The difference in in case of doubt’. The window of opportunity legal and regulatory infrastructure amongst for cyber criminals is very short. If they miss nations, the issues of conflict of the forum this window, they are very unlikely to come and conflict of laws make it more complicated back for then their cyber footsteps are more to resolve the dispute and to ensure justice susceptible to be backtracked. Genuine to the victims. These conditions are similar business payments would necessarily in other countries. The Bangladesh bank provide time - they have to - they are building fraud or Carbanak case etc. are very befitting customers instead of money. In the case of examples, as in most of these cases the lost businesses, particularly small businesses, “a money in cyber fraud could not be recovered comprehensive enterprise-wide approach142 completely rather a very small amount could to fraud management”143 is missing which be recovered. has become a contributing factor. Thus an enterprise-wide approach of protection Cyber security strategies are still in the early through fraud management policy may phases in most of the nations including 142 This includes a comprehensive IT infrastructure that enables India. People and organizations have started enterprise-wide, real-time, and cross-channel monitoring and management capabilities. adopting cyber methods for their activities, 143 Dzomira (n 24)

104 | January-March 2021 Scourge of Cyber Fraud during Covid-19: Challenges and Resolutions contribute to reducing the risk of commission Lima Declaration - The Sixth Apec Ministerial Meeting on the Telecommunications and Information of offence towards customers. Industry (Telmin6)Lima, Peru),

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108 | January-March 2021 Police Behaviourial Cauldron- Need for Improvement In Service Conditions The Indian Police Journal @BPRD, MHA BPRD Publication 1 RC Sharma www.bprd.gov.in Ishita Sharma2

Abstract Police behaviour is reflection of societal values. An honest society with high moral values will have Police with similar values, contended, satisfied, well behaved and vice-versa is equally true. Behaviour is the parameter/benchmark through which individuals and society judge and form opinion about individuals in the group and about the group as an organisation. The Police is the basic tool available with the state to execute the will of state, ensure maintenance of law and order and adherence to rules and regulations for smooth running of administration and society. The paper digs deeper and analyses the factors that influence the working of the law enforcement personnel of the country and on the basis of the analysis puts forth suggestions to improve the public image of the major law enforcement body of the country i.e. Police force.

Keywords: Behaviour, Law, Order, Police, Society.

Introduction ensure maintenance of law and order and 1. Police behaviour is a reflection on societal adherence to rules and regulations for values. An honest society with high moral smooth running of administration and values will have Police with similar values, society. In the case of Police, both at the contended, satisfied, well behaved and level of leadership at higher/middle level vice-versa is equally true. Behaviour is the and men at lower level, behaviour implies parameter/benchmark through which functional ethos within an organisation and outside organisation while dealing individuals and society judge and form with public in different situations. opinion about individuals in the group and about the group as an organisation. 2. Police service is one of the most difficult Generally, behaviour implies how a and challenging services as far as foot person as an individual and a group soldier, constable on ground is concerned. behaves within an organisation. The The boots on ground are less and need is Police are the basic tool available with for more which is never fulfilled. He leads the state to execute the will of state and a very difficult and stressful life. He has

Author’s Intro: 1. Commandant (retd.), B.S.F. 2. Assistant Professor, School of Law, University of Petroleum and Energy Studies, Dehradun

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to deal with angry mob, political rallies, external in which Police work which religious congregations, traffic control, shape a Policeman’s behaviour. CI operations, and VIP duty as well as Internal and External Environmental do extra constitutional and menial jobs. Factors Influencing Behaviour Police personnel withstand the worst of criticism from general public, human right 5. Environmental factors like service groups, opposition, own government, conditions, work environment and courts, own Police leadership and even societal values are the ones, which affect a neighbours see them with suspicion. Policeman as an individual and determine There is a saying famous in Indian how he behaves. Environmental factors society which gives an impression as both internal and external, which affect to how public at large perceive Police Policemen’s personality, need studies and “POLICE WALE KI NA DOSTI ACCHI AUR analysis:- NA DUSHMANI ACCHI”. The criticism Internal Environmental Factors is sometimes justified and sometimes 6. Recruitment/Entry System- No one unjustified. However little effort has gone joins Police service as a constable, Head into studying as to why a Policeman who Constable, Sub-Inspector from elite/rich is one amongst us behaves in a manner families. It is middle class, lower middle which is perceived by society at large as class youth from villages, towns and wrong/incorrect/ unjustified, why society cities who join Police service. The moot sees him with disdain and fears him. question is about the fairness of system 3. The author has his own impressions about of selection. Has the entry of individual Police behaviour as a student wherein been through honest and fair system or during a cricket match at Burlton Park through dishonest means? If the entry is Jalandhar, he saw Policemen extorting through honest means on merit without rupees two to five from anyone entering any monetary, caste, regional or political the stadium by climbing through the iron considerations, the individual’s behaviour pillars of score board without a ticket. will be honest, upright, helping as per Police were behaving towards students norms of civility and within parameters like lawbreakers instead of stopping them of law and constitution unless impacted from wrongdoing. by other internal environmental factors. In case it is through dishonest means, 4. Police men behave irrationally, use his priority will be to satisfy his and his excessive force, act in contravention of masters’ needs who recruited him as lawful orders, violate human rights and under:- get involved in fake encounter. This needs a detailed study and analysis of various (a) Entry through corruption-In case an environmental factors both internal and individual enters service through

110 | January-March 2021 Police Behaviourial Cauldron- Need for Improvement In Service Conditions

dishonest means, his immediate (a) Lower Order Needs priority from service is to make up (i) First level of needs involve survival for the money paid as corruption for and physiological needs of food, recruitment. He moulds his behaviour air, water and sleep. accordingly. Later, it becomes a habit and part of his behaviour. He makes (ii) The second need level is safety earning ill-gotten money as motto, and security need that tend to earn money through corruption. to dominate his body safety involving work environment. It Its overall analysis portrays image of also involves economic security Police as an organisation, which is involving working conditions like corrupt. pay, job security, administrative (b) Entry through Caste, Regional protection, retirement plans. and Political Considerations- It is (b) Higher Order Needs- As per Maslow common truth known to all that in there are three levels of higher order Police recruitment regional, caste needs and political factors play a very significant role. Those recruited (i) The third level, which shapes based on these considerations more attitude, behaviour and motivation, is belonging and than merit develop factor-based social needs, which encompass bias, which is portrayed in their love, belonging and social day-to-day functional behaviour. environment at work (friendship Such beneficiaries treat public as and compatible associates). a pawn, pay back masters, and benefit personally too. The brunt of (ii) The fourth level is status their biased behaviour is borne by and esteem needs including citizens and the losers are Police as an one’s feeling of self-worth organization. and competence. The feeling of competence comes from 7. Organisation - The behaviour of assurance of others i.e. through Policemen is also shaped and affected praise for good work. It gives by the way Police department , Police status and shapes positive or leadership and government look after negative behaviour. Policemen ,their welfare, their needs as (iii) The fifth level need is self- propounded in Maslow’s Hierarchy of actualization and fulfilment needs needs1 as under:- which means becoming what, 1 John W Newstrom, Organizational Behaviour: Human Behaviour at Work, Tata Mc Graw Hill Education Private Limited, Delhi, p105. one is capable of becoming, by

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using one’s skills to fullest and duties at the behest of politicians to stretching talent to maximum remain in their good books. Sometimes, they do not do what is expected from 8. Leadership - There is a saying in Military/ them and do what they are not expected CAPF Parlance “No unit is good or bad. to do. Both ways society see them with If officers are good, unit is good and suspicion and disdain as they behave if officers are bad, unit is bad”. It aptly abnormally against norms. applies to Police too. The hierarchy of Police leadership for constable is his 10. Societal Environment - The Police are head constable, Sub Inspector, Inspector a reflection of society. Police constable or maximum Deputy Superintendent of comes from society, which he is to Police. Police. What kind of qualitative leadership In law-abiding societies, the Policemen they provide and their conduct shapes sincerely follows law, ensures that citizens the behaviour of a Police constable. Do are served and not harassed and vice- they reward him for good work? Does he versa is also true. In a developed society, remain isolated from the rest since he is like , the citizens are better honest? Does his family feel proud of him traffic compliant and Policemen also or his positive work ethic leads to their ensure that they help public whereas indirect mental and physical harassment? in backward areas ruled by gangs, The character and quality of leadership Policemen also connive with law breakers also shapes his behaviour. Now it is for and make violation of laws as a tool to Police brass to carry out an analysis of earn from violators instead of making quality of leadership. them law compliant through persuasion and legal means. Standard of education of External Environmental Factors particular region, male/female population 9. Political Environment - The political ratio, Employment opportunities also environment has politicised the Police. It is dictate Police conduct and behaviour. a fact that political environment imprints Police functioning at national, state, How Environmental Factors Dictate district and block levels. The postings and Behaviourial Abberations / Pattern of transfers in states of district level Police Policeman in General officers and station house officers are 11. Environmental factors play a great role done based upon the recommendations in shaping the behaviour and response of ministers and members of Legislative of Policeman as individual and as group. assembly of ruling party. Similarly, the This response becomes projection of lower level functionaries have political Police as organisation in the eyes of affiliations. These political affiliations public. Generally, no citizen wants to visit dictate their behaviour and attitude. They a Police station and sees Police as villain willingly perform extra constitutional or negative part of society. Even I have

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heard a senior Police officer of UP cadre Police recruitment from corruption now retired, commenting in private that and political interference. What how? he would not like to visit a Police station Since law and order is a state subject after retirement fearing humiliation and Police recruitment falls in states and misbehaviour. Generally, it is a domain, new recruitment structure common impression that Police behave need to be established by taking in an abnormal and highhanded manner states on board concerning procedure towards anonymous/common citizens. and yardsticks for Police recruitment Courteous behaviour is reserved for rich, in new recruitment structure. For influential and those having political bringing honesty and transparency connections. Why such impression in Police recruitment of non-gazetted which spreads negativity? How have ranks, each state government may environmental factors contributed to form a Police commission for the shaping negative Police behaviour? purpose of superintendence and Police at all levels have to be shielded control over Police recruitment. The from negatives of internal and external composition of Police commission environmental factors to make it a model be such that no political interference and efficient law and order machinery is there in Police recruitment. which common man can trust. Following Composition of commission be reforms/improvements are suggested decided by centre and states through to make Police a potent, positive and consensus, which should be legally professional force in the eyes of public, binding on all states. which unfortunately it is not in present (b) State of Satisfaction index- day environment:- Fulfilment of Needs-Policeman is (a) Police recruitment - The recruitment not the Shakti man and is a normal is done in each state based upon human being like us who has social authorisation and vacancies. Normally responsibilities and family to take care recruitment process is protracted and of from the analysis of data compiled more than merit, many extraneous by BPR&D as DATA ON POLICE factors dictate recruitment. Political ORGANISATIONS as on 01 Jan 2019, interference and subsequent blame it can be derived that satisfaction game mar Police recruitment. As index of a Police man is very low. He a result, recruitment done by one is dissatisfied, stressed and harassed particular government is set aside due to working conditions and his by another government and is inability to look after family and challenged in court. Therefore, the social obligations properly. A lot beginning of a fresh recruit is on a needs to be done to improve his work wrong note. There is a need to insulate environment and satisfaction index.

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Let’s see all parameters:- in he has got 76 persons to Police. All India average per Police (i) POPULATION PER POLICE PERSON person comes to 277.18 citizens per (PPP) -Population per Police person Policeman to Police. The deficiencies against sanctioned total Police further compound the workload (civil+DAR+Armed) during the year of Policeman. This certainly makes 2018 is 503.27 as compared to 518.27 his service very difficult, affect his in the previous year. The highest ratio behaviour and conduct with fellow is 1,302.26 in Dadra &Nagar Haveli. citizens and also within organisation. Police officer who has to Police 500 plus people as individual cannot be (iv) POLICE HOUSING- As per available data expected to perform miracles. Rather as on 01 Jan 2019, actual strength of the kind of policing burden on him forces is 20.67 lakh. Out of will certainly turn him behaviourally which 13.03 lakh are civil Police, 2.66 lakh abnormal as also his family. are district armed Police and remaining

(ii) AREA PER POLICE PERSON (APP) (IN 4.98 lakh are state armed Police. Now if SQKMS)-Area per Police person (in Sq. the housing for Policemen is taken into Kms) against sanctioned total Police account, as per data, the total number (Civil+DAR+Armed) during the year of family quarters available with state / 2018 is 1.27 Kms, same as last year. UTs Police forces are 7,05895 units in The highest ratio 5.75 is in Arunachal the year 2018 as compared to6,05477 Pradesh. units in 2017. Thus, there is an increase of 16.58% over previous year. However (iii) STATE/UT WISE TOTAL POLICE PER if overall percentage of houses available LAKH POPULATION (SANCTIONED) against total Police strength is taken into (CIVIL+DAR+ARMED)-As on 01 Jan account, it means that Government has 2019 as per data, Dadra and Nagar not been able to provide housing to 13, Haveli has got 76.79 Police person ,the 61,105-lakh Police persons. In terms of lowest and Manipur has got 1314.84 percentage, only 34.15% of Policemen Police person per lakh of population. have been provided housing facility. The all India average comes to 360.77 The housing satisfaction index is low Police person per lakh. The data and the quality/maintenance of housing depicts pathetic Police population for Policemen is poor. Generally state of ratio as also poor state of Policeman Police accommodation is dilapidated. who has to Police this population. This means in D&N Haveli one Policeman (v) In civil especially in Metros he lives in has got 1303.25 persons to Police and very poor and pathetic accommodation,

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which hurts his self-esteem and ultimately response and behaviour during riots behaviour and attitude. and difficult law and order duties and response to situations in LWE- Police Training -is it in Sync with Modern Societal needs? (a) 6DQFWLRQHG VWUHQJWK RI 3ROLFH LQ 12. Initial phase of COVID-19 lockdown ODNK saw images of Police beating and (b) ([SHQGLWXUH RQ 3ROLFH WUDLQLQJ humiliating public. Every now and then, 5VFU there are images of Police brutality. (c)

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environment, elections/political will come into public domain will be rallies, religious congregations which unprofessional. results in exhaustion, fatigue , sleep 14. Detailed analysis of data point out deprivation, less time to spend with following family which further results in stress. (a) Large-scale vacancies at constabulary (b) Training Shortcomings- With an and Non Gazetted level- Overworked amount of Rs 1548.79/- being spent Policeman-Need for increase in on training per person, the quality of authorisation of strength and Police training is compromised and what stations. comes out of Police training school is not fully baked stuff but a half /semi (b) Need for reforms in recruitment. baked stuff, which spoils health of (c) Need for better, qualitative and society due to unprofessional learning. sufficient housing infrastructure/ Also during training in some Police facilities. training schools, only two meals are provided for recruits. As per available (d) Infrastructure at Police stations information at the Police Academy poor-Need for improvement of Madhuban recruits are being served infrastructure within Police stations breakfast at 0900 hrs and dinner at (e) Inadequate expenditure on training- 1830 hrs. A number of recruits have Poor quality training-Need for removal fallen unconscious. How do you expect of shortcomings in Police Training. professional dedication from recruits as well as instructors? The result is (f) Lowly paid Policemen- Inability to semi-professional/ unprofessional meet material needs – corruption- stuff out of Police schools. Need for increase in salaries.

(c) Is Police training ground /geographical (g) Non meeting of lower order needs- area specific-Police are a state subject. stress Each state has its physical, cultural, (h) Non meeting of higher order needs – geographical attributes as also the More stress law and order difficulties are different. Is Police training as per needs of state? 15. These deficiencies /shortcomings in Some states need more emphasis the overall scenario affect Policeman on human rights and courteous professionally, his behaviour, his relations behaviour than other states. Need with family, society and image of introspection otherwise, stuff which government and Police as organisation.

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How they affect the Police constable as Physiological individual and functioning of group is (a) Headache amply depicted in Police response during (b) Ulcers riots and on roads in their conduct with (c) Digestive problems (d) High blood Pressure public. The effects of shortcomings / (e) Sleep disruption deficiencies on Individual Policeman, behaviour of Police at the cutting edge Psychological of Police organisation are devastating (a) Emotional Instability (b) Emotional Instability. and lead to stress, more stress, irritation, (c) Nervousness and Tension. irrational behaviour and violent traits and (d) Chronic Worry. health hazards. (e) Depression (f) Burnout Types of Stress 16. As per John W Newstrom in his book Behavioural “Organizational Behaviour” “Human (a) Excessive Smoking. Behaviour at work” 12th edition (b) Abuse of Alcohol or Drugs. (c) Absenteeism. Chapter 15, Stress has been defined (d) Aggression. as general term applied to pressures (e) Safety Problems. people feel in life. “When pressure (f) Performance problems begins to build up, it can cause adverse 17. Need of the hour is to accept that our strain on persons emotions, thought Police personnel suffer from stress related processes, behaviour and physical symptoms. If they suffer from these condition. When stress becomes symptoms, it affects them physically, excessive, employees develop various mentally and behaviourally and in the symptoms of stress that can harm ultimate analysis their health, family life their job performance and health and and work performance. All this is reflected threaten their ability to cope with the in their behaviour on duty and off duty environment”. and many times this stress also leads to suicides and fratricides. Have any survey The typical negative symptoms been carried out on these aspects or not. of unmanaged stress as per John if not there is a need to carry out survey W Newstrom are physiological, on Police personnel health and behaviour psychological and behavioural which issues on urgent basis and BPR& D NEED have following effects one by one. TO INITIATE IT AS PRIORITY.

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Steps Needed to Improve Police behaviour (e) Reward honest Police personnel and and Police Image institute honesty awards based upon 18. Stress and behavioural aberrations are performance. reflected in everyday behaviour of Police (f) Decentralise grant of leave to station with public. It is reflected in failure to house officers, sub divisional Police effectively Police the society to control officers, do not deny entitled leave. law and order. The surveys on corruption index rate Police very high in corrupt (g) Establish Police MI room in every practices, which is again an institutional subdivision for looking after medical behavioural aberration of organisation. needs of Policemen. Institutional activism is needed for (h) Improve working conditions. carrying out state wise surveys for going into stress and behavioural aberrations (i) Improve promotional avenues of Police. Till the time institutional (j) Better pay scales- do not treat them on mechanism is placed, following short and par with an eight-hour a day schedule long term measures are suggested for job. improving Police behaviour and image and also making Police community (k) The training standards be made more friendly:- rigorous to make Policemen physically and mentally strong. (a) Fill up vacancies on priority to make for large deficiencies in manpower. It will (l) Improve training infrastructure. help in reducing work hours to some (m) Introduce in service courses. Make every extent Policeman including officers of all ranks (b) Manpower involved in non-essential up to SP level to go through in-service duties be restored back to Police stations. courses at state level.

(c) Improve housing satisfaction index of (n) Introduce all rank courses for better Police constables and non-gazetted staff. harmony and understanding. Until better housing infrastructure is (o) Fix tenure for VIP duties and do not allow established, allow hiring /rent facilities at anyone to be with VIPs beyond that place of choice anywhere within state. tenure. (d) Establish proper canteen facilities (p) Fix Thana tenure and rotation be done for Police personnel and families at after the tenure is over. subdivision level. It improves satisfaction level and self-esteem. (q) Introduce system of interview at Thana

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and district level. Ensure every Police a feeling of pride in their thana, which person is interviewed by SHO, DSP and SP will only come if thana is well equipped in at regular intervals. The SHO once every terms of facilities. month, DSP for two months and SP every (w) Deal firmly with corrupt and zero quarter and interview be recorded tolerance towards corruption. (r) Introduce psychological counselling 19. The job of Police is difficult and Police sessions for Policemen to know their constable is on duty 24X7X 365. An problems. effort is needed to improve his service (s) Introduce system of annual medical conditions and working environment. examination for Police personnel A comfortable and healthy working including officers. environment will improve satisfaction index of Police constable and thana. (t) Reduce work hours to reduce fatigue and Improved satisfaction index implies provide more time with family. better happiness and wellness quotient. It will help reduce stress and establish (u) Ensure every Police person celebrates better behaviour by man on beat duty and festival with his family in rotation. better relations with citizens, improved (v) Improve communication and mobility at law and order state and a better image of Thana level. The Thana staff should have Police in public eye.

January-March 2021 | 119 Non-Invasive / Minimal Invasive Autopsy in Medicolegal Cases: A Need of The Indian Police Journal the Hour and Future @BPRD, MHA BPRD Publication www.bprd.gov.in Dr. Abhishek Yadav1 Dr. Sudhir K Gupta2 Dr. Abilash S3 Dr. Varun Chandran4

Abstract Conventional post-mortem examination comprises opening up of all three body cavities as a routine practice in cases of medicolegal deaths. This causes immense mental anguish among relatives of deceased who don’t wish the bodies of their loved ones to be mutilated. In India, the regulating law CrPC doesn’t describe the exact methodology to be adopted for Medico- legal autopsy and it’s been a traditional practice for a long time to conduct complete internal dissection instead of assessing the need from case to case basis.COVID-19 pandemic has put forward a difficult situation in Medicolegal Autopsy where use of the routine traditional autopsy practice even with highest precautions would increase the risk of spread of infection to Autopsy Surgeons, Mortuary technicians, Mortuary staff, Police personnel. Non-invasive/ Minimal invasive autopsy is the need at this crisis time. Statistical Analysis of data of the cases done at Department of Forensic Medicine, AIIMS New Delhi during the lockdown period which included a total of 558 cases (450 Males and 108 Females) showed that Non-invasive/ Minimal invasive autopsy is sufficient to arrive at the cause of death. These techniques are on only the need of the hour in current Pandemic and but may also be used in future to promote Humanitarian Forensics.

Key words: Non-invasive autopsy, Minimal invasive autopsy, Virtual autopsy, COVID-19, Medicolegal Autopsy.

Author’s Intro: 1 Associate Professor, Department of Forensic Medicine and Toxicology, All India Institute of Medical sciences (AIIMS), New Delhi 2 Professor and Head , Department of Forensic Medicine and Toxicology, All India Institute of Medical sciences (AIIMS), New Delhi 3 Senior Resident, Department of Forensic Medicine and Toxicology, All India Institute of Medical sciences (AIIMS), New Delhi 4 Assistant Professor, Department of Forensic Medicine and Toxicology, All India Institute of Medical sciences (AIIMS), New Delhi

120 | January-March 2021 Non-Invasive / Minimal Invasive Autopsy in Medicolegal Cases: A Need of the Hour and Future

Introduction highest precautions.2 Unprecedented and Autopsy or Postmortem examination is a time- challenging problems require innovative tested method of investigation of the cause and need based solutions. So shifting to of death in Medicolegal cases.1 Conventional Non-invasive/ Minimal invasive autopsy is post-mortem examination comprises not only the need of current times but is also opening up of all three body cavities i.e. head, the requirement for the future to prevent chest and abdomen, removal of all organs by unnecessary dissection or mutilation of the various dissection techniques and dissection body for Humanitarian Forensics. of organ systems and individual organs Background by using surgical instruments like scalpels, 'HSDUWPHQW RI )RUHQVLF 0HGLFLQH $OO forceps, scissors etc. Opening up of different ,QGLD,QVWLWXWHRI0HGLFDO6FLHQFHV$,,06 body cavities, as routinely practiced in case 1HZ'HOKLH[SHULHQFHGDQXQSUHFHGHQWHG of medico-legal deaths creates immense VLWXDWLRQ IURP 0DUFK  GXH WR mental anguish among relatives of deceased &29,' 3DQGHPLF 0DQ\ FDVHV ZLWK who don’t wish the bodies of their loved KLVWRU\RIVHYHUHUHVSLUDWRU\WUDFWLQIHFWLRQ ones to be mutilated. Most of the dissection ZHUH µEURXJKW GHDG WR WKH KRVSLWDO¶ DQG techniques followed in conventional medico- ODEHOOHG DV 0/& FDVHV WKXV ZDUUDQWLQJ legal autopsies have been in practice since DQ $XWRSV\ 7KH FRQYHQWLRQDO DXWRSV\ the early 20th century or even before. In India, WHFKQLTXHV LQFOXGLQJ GLVVHFWLRQ RI KHDG Criminal Procedure Code, the regulating law, FKHVWDQGDEGRPLQDOFDYLWLHVKDYHWKHULVN doesn’t describe the exact methodology to RI JHQHUDWLQJ DHURVROV DQG XQIRUWXQDWHO\ be adopted for Medico-legal autopsy. As 6$56 &R9 KDG DOUHDG\ EHHQ SURYHQ a conventional practice, Forensic Autopsy WR EH FDSDEOH RI WUDQVPLVVLRQ E\ WKLV Surgeons of the country have been using a PHDQV/XQJGLVVHFWLRQDLUZD\GLVVHFWLRQ complete dissection technique in medicolegal GLVVHFWLRQRUPDQLSXODWLRQRI*,7HWFDOVR autopsies irrespective of the need of the case SURYHGWREHGDQJHURXVLQWHUPVRIGLVHDVH or emotional trauma to the kin of deceased. WUDQVPLVVLRQ RI &29,' E\ GLIIHUHQW In 2020, the whole world fell into COVID-19 VWXG\ JURXSV $V\PSWRPDWLF LQIHFWHG pandemic crisis due to the spread of SARS SHRSOH DQG SDWLHQWV LQ LQFXEDWLRQ SHULRG CoV 2. COVID-19 pandemic times has also put ZHUHDOVRG\LQJGXHWRXQQDWXUDOFDXVHV forward a difficult situation in Medicolegal 1R UHOLDEOH FOLQLFDO HSLGHPLRORJLFDO Autopsy where use of the routine traditional KLVWRU\ ZDV DYDLODEOH ZLWK XQLGHQWL¿HG autopsy practice would increase the risk of GHDG ERGLHV &DVHV ZLWK QHJDWLYH VZDE spread of infection to the Autopsy Surgeons, UHVXOWV FRXOG DOVR KDYH EHHQ VXVSHFWHG Mortuary technicians, Mortuary staff, Police &29,'GHDWKVDVIDOVHQHJDWLYHUHVXOW personnel and even family members due to LVQRWXQFRPPRQ. coming in direct contact with infected organs, fluids and secretions, even after taking the &RQVLGHULQJWKHSRWHQWLDOLQIHFWLYLW\GXULQJ

January-March 2021 | 121 The Indian Police Journal

$XWRSV\SURFHGXUHWRSURWHFWGRFWRUVDQG the IO has to declare his investigation RWKHUVWDIIVDQGDVDPHDVXUHRIFRQWDLQLQJ regarding the circumstances of the case WKH VSUHDG RI LQIHFWLRQ 1RQLQYDVLYH and the possibility of foul play related to 0LQLPDOLQYDVLYHDSSURDFKIRU0HGLFROHJDO the death. The doctor who receives the $XWRSV\ZDVDGRSWHG inquest papers then interacts with the relatives for verification of all these facts Non-Invasive / Minimal Invasive Technique and to further clarify the doubts, if any. For Post Mortem Examination A special room with good ventilation 7KH FRQFHSW RI ³0LQLPDOO\ LQYDVLYH and all possible precautions of social DXWRSV\´ZDV¿UVWUHSRUWHGLQWKHPRGHUQ distancing was designated for this entire PHGLFDO OLWHUDWXUH E\ $YUDKDPL HW DO LQ procedure to prevent spread of infection. ,VUDHO7KH\SHUIRUPHGWKHSRVWPRUWHP If the history given by the relatives and H[DPLQDWLRQZLWKWKHREMHFWLYHRIPLQLPDOO\ Police, facts in the supportive documents LQYDVLYHDXWRSV\ZKLFKJLYHVWKHUHOHYDQW are both consistent with each other and RXWFRPHRIDXWRSV\ZLWKRXWWKHQHHGIRUWKH confirm absence of involvement of any FRQYHQWLRQDO DXWRSV\ ZKLFK LV SHUFHLYHG possible criminal element/ foul play, E\WKHIDPLO\WREHDµGLV¿JXULQJ¶SURFHGXUH the case is to be taken for non-invasive/ ,QWHJUDWLQJWKHWUDGLWLRQDODXWRSV\ZLWKWKH minimal invasive autopsy examination. ODWHVW LPDJLQJ PHWKRGV IRU WKH SXUSRVH In case of hospital treated cases with RIQRQLQYDVLYHGRFXPHQWDWLRQKDVPDGH registered offences like RTAs, injuries by WKLV FRQFHSW VFLHQWL¿FDOO\ UHOLDEOH DQG FUHGLEOH'HSDUWPHQWRI)RUHQVLF0HGLFLQH machineries etc. where proper treatment IRUPXODWHG D PHWKRGRORJ\ IRU FRQGXFWLQJ records with cause of death already 3RVWPRUWHP H[DPLQDWLRQ LQ 1RQ0LQLPDO furnished by the treating doctor, were LQYDVLYHPDQQHUZKLFKFRXOGPHHWDOOWKH available; similar non-invasive or minimal SUDFWLFDODQGOHJDOQHHGVRID0HGLFROHJDO invasive post-mortem examination was DXWRSV\ to be adopted.

1. 'RFXPHQW9HUL¿FDWLRQ 2. 'LJLWDO,PDJLQJ

The inquest papers produced by the IO In needed cases, X-ray examination of the should be perused in detail analysing body is to be carried out at the Forensic each minor possibilities. These papers Radiology Division of the Department include a Postmortem Request form, an under strict post procedure disinfection inquest summary, signed statements protocol. of two witnesses/relatives, previous Example of Cases taken for radiological treatment records, FIR/DD Entry, MLC, evaluation; death summary etc. For this purpose, a format for declaration to be filled by the a. %URXJKWGHDGFDVHVZLWKKLVWRU\RI IO, designed by the Department, in which 5RDG7UDI¿F$FFLGHQW

122 | January-March 2021 Non-Invasive / Minimal Invasive Autopsy in Medicolegal Cases: A Need of the Hour and Future

b. %URXJKWGHDGFDVHVZLWKKLVWRU\RI recorded in a similar manner just like in a EOXQWWUDXPDRUDQ\IDOO normal autopsy procedure.

c. %URXJKWGHDGFDVHVZLWKKLVWRU\RI 4. 3KRWRJUDKLF'RFXPHQWDWLRQ JXQVKRW Full coverage of all the four profiles of d. ,I WKH DVVLJQHG DXWRSV\ VXUJHRQ the body in single frames should be IHHOVWKHQHFHVVLW\ taken as distant shots including front and A preview of imaging in such cases plays side profiles of the face, each eyes along an important role in deciding on non- with inner aspect of lids, nostrils and invasive post-mortem examination. adjacent areas, lips including mucosa, teeth and gums. Clear pictures of external 3. ([WHUQDO([DPLQDWLRQ appearance of neck, trunk, limbs and A thorough external examination of dead genitalia should be obtained in every body is conducted, including examination case. Pictures of all injuries and suspicious of clothing. During this procedure the lesions should be separately obtained autopsy surgeon checks details of all the along with an appropriate scale. All the possible post-mortem findings over the photographs obtained to be retained as body i.e. systematic external examination departmental records. from head to toe. This includes a detailed examination of eyes (corneas, 5. 6SHFLPHQ&ROOHFWLRQ conjunctivas, pupils), nose (nostrils, The following samples can be taken for septum, alas and adjacent cheeks), mouth (lips including mucosa, frenulum, toxicological analysis, if needed, instead teeth, gums and tongue), ears (pinna of of complete viscera. ears and external auditory meatus), finger a. 0LQLPXPRIPORIEORRGWDNHQE\ and toe nail bed discolouration, external IHPRUDO DSSURDFK WR EH SUHVHUYHG genitalia, all other natural orifices in LQ6RGLXP)OXRULGH special along with whole body profile including conventional assessment b. 0LQLPXP RI  PO RI XULQH WDNHQ ofrigor mortis, livor mortis etc. Any E\ VXSUDSXELF DSSURDFK WR EH abnormal discoloration like icterus/ SUHVHUYHGLQ6RGLXP)OXRULGH pallor/pigmentation, any deformity or disfiguration which was fresh (was c. 9LWUHRXVKXPRULQVSHFLDORFFDVLRQV corroborated with X-ray);signs of ascites/ Though histopathological samples are effusion/oedema etc. should be recorded not being taken, certain body fluids can be and documented with care and precision. sent for cytological/viral/microbiological All the external injuries should be examination as per the merit of the case.

January-March 2021 | 123 The Indian Police Journal

a. $VFLWLFÀXLGE\WDSSLQJ 6. &DXVHDQG0DQQHURI'HDWK

b. 3OHXUDOÀXLGE\WDSSLQJ The cause of death may be concluded on the cumulative basis of external findings, c. 6SLQDOÀXLGE\WDSSLQJ treatment records, history, circumstantial d. 1DVR3KDU\QJHDO VZDEV &29,' evidence and radiological examination. VXVSHFWHGFDVHV The doctor may reserve his opinion regarding cause or manner of death if Minimally invasive autopsy (MIA) with he wants more clarification regarding tissue biopsy technique is an important the circumstances of the case. In this procedure which also upholds the situation, he has to request formally for integrity of the cadaver and avoids the investigation report/ scene of crime invasive procedures. This tissue biopsy photographs etc. from the IO. After can be performed either image guided perusal of these investigative findings, or grossly just as needle biopsy of organs obtaining the chemical examination depends on the need of the case as report he can formulate his final opinion determined by the Autopsy surgeons in as to the cause of death. order to study and evaluate them and to finally conclude on the cause of death. Innovations This technique of tissue biopsy guided Doctors of Department have designed autopsy technique dates around 65 an Autopsy hood which is made up of years back when Terry demonstrated the transparent material which is durable and can procedure with his study which showed a success rate of 92% in comparison with withstand common methods of disinfection the conventional autopsy procedure. and sterilisation. The hood can decrease the The procedure has many benefits which possibility of aerosol transmission during include maintaining the integrity of the dissection techniques in cases where detailed cadaver and avoiding invasive procedures dissection needs to be conducted. which is the major concern of relatives, less duration needed for sampling and also for the entire autopsy, minimal instruments required and hence the cost of the autopsy as well.5,6

If the DNA sample of the decedent has been requested by the Police, dried blood in gauze can be collected by multiple prick method. Similarly, vaginal swabs, finger nail clippings, hand swabs etc. can be obtained as usual protocol.

124 | January-March 2021 Non-Invasive / Minimal Invasive Autopsy in Medicolegal Cases: A Need of the Hour and Future

Statistical Analysis play is involved and the autopsy is being A statistical analysis was done of Medicolegal conducted only because of the cause and Autopsy cases conducted at the Department manner of death which are unnatural like in of Forensic Medicine & Toxicology, AIIMS New road traffic accident cases. Due to invasive Delhi during the Lockdown period (third nature of conventional autopsy, opening week of March 2020 to the end of July 2020) of the dead body after death is considered of COVID-19 pandemic conducted by Non/ as mutilation by the relatives, because of Minimal Invasive Approach. A total of 558 emotional and religious reasons.7 In such a cases were conducted out of which male scenario, minimal or non-invasive approach postmortem cases were 450 and female to perform the autopsy will respect the postmortem cases were 108 (Figure-1). Most sentiments of the relatives. Using modern common cause of death was found to be day imaging modalities like CT and MRI to hanging (28.6%) followed by natural deaths diagnose the cause of death will make the (23.6%) and head injury (12.9%). In around 54 autopsy procedure totally non-invasive cases (9.6%) of death the final cause of death or scalpel free. Terry demonstrated the was kept pending till the availability of the procedure with his study which showed FSL reports or other documents related to a success rate of 92% in comparison with case. the conventional autopsy procedure. The procedure has many benefits which include Analysis of the cases conducted during the maintaining the integrity of the cadaver and lockdown of COVID-19 pandemic showed avoiding invasive procedures which is the that in about 90.4% cases Non/Minimal major concern of relatives.5,6 Using minimal Invasive autopsy procedure alone was invasive procedures like biopsy coupled with sufficient to conclude the cause of death. imaging guidance has scientific acceptability Even in remaining 9.6% cases the cause and credibility. of death could also be concluded based on the autopsy findings, hospital records Bolliger’s study on cases a combination of and circumstantial evidence, but was kept CT, postmortem CT angiography and biopsy, pending for want of additional investigations/ which represented a minimally invasive requirements before the final conclusion on approach, gave correct diagnosis of the cause the cause of death. of death in 18 (90%) of 20 cases. In remaining one case, it detected a myocardial infarction Figure-1: Sex Distribution of cases which had to be confirmed histologically. He Figure-2: Distribution of Cause of Death concluded that Minimal Invasive autopsy can be a suitable replacement for conventional Discussion autopsy when the doctor takes a rational Complete conventional autopsy is a less decision on case to case basis.8 preferred technique by the relatives of the deceased particularly in cases where no foul In COVID-19 confirmed or suspected cases

January-March 2021 | 125 The Indian Police Journal where death occurs due to any unnatural Computed Tomography to evaluate the causes like RTA, poisoning, assault, burns, internal findings in a dead body to avoid drowning, etc. if the cases are treated then unnecessary dissections.10 their hospital case records including lab Conclusion reports, report of diagnostic or imaging studies, treatment given etc. will provide Non-invasive/ Minimally invasive autopsy an additional documentary background is a scientific, acceptable and credible for correlating with the investigation and technique for conclusion of cause of death to reach a reasonable conclusion about the for Medicolegal purposes. Non-invasive/ cause of death. In cases where injuries are Minimally invasive autopsy is also more present, the pattern and age of injuries can be acceptable to the relatives or legally acceptable determined mostly by external examination representatives for the apprehension of itself. Postmortem X ray examination will be mutilation of body. Involving the technically an additional supportive tool. If the merit of advanced Radiological techniques like Digital the case warrants then further exploration X-ray and CT scan will further add to the of injuries may be done strictly following the credibility of the Autopsy procedure. Non- precautionary measures.2 invasive / Minimal invasive autopsy balances the demand of justice delivery system and During Postmortem examination, emotional aspects of the kin. This is proving Postmortem Interval (PI) or Time since Death beneficial not only in COVID-19 pandemic but (TSD) estimation is mostly done on the basis will be an important tool in future to prevent of multiple external post-mortem changes unnecessary dissection of dead bodies. along with circumstantial evidence like hospital records, time of last seen alive, CCTV Conflict of Interests:None footages and statement of eye witnesses after Funding: None Required confirming their reliability. These procedures will be the same under the purview of the Non/ References Minimal Invasive autopsy procedures as well. 1. Burton J, Rutty G. The hospital autopsy—a Department of Forensic Medicine, AIIMS New manual of fundamental autopsy practice. Delhi has been working on the concept of 3 edn. London: Hodder Arnold, 2010. Humanitarian Forensics and a new non-scalpel 2. Indian Council of Medical Research. model of Medico-legal Autopsy in India “the Standard Guidelines for Medico-Legal Virtual Autopsy” by using a postmortem CT Autopsy in COVID-19 Deaths in India. 1st Scan. Installation of the same has been nearly ed. New Delhi: ICMR; 2020. completed in the department and will soon be used for practical applications.9 Virtual 3. Avrahami R, Watemberg S, Hiss Y et al. autopsy concept is based on utilization of Laparoscopic vs conventional autopsy. A postmortem cross-sectional imaging like promising perspective. Arch Surg 1995;

126 | January-March 2021 Non-Invasive / Minimal Invasive Autopsy in Medicolegal Cases: A Need of the Hour and Future

130:407-409. 8. Bolliger SA, Filograna L, Spendlove D, Thali MJ, Dirnhofer S, Ross S. Postmortem 4. Avrahami R, Watemberg S, Hiss Y. imaging-guided biopsy as an adjuvant to Thoracoscopy vs conventional autopsy of minimally invasive autopsy with CT and thethorax. A promising perspective. Arch Surg 1995; 130:956-958. postmortem angiography: a feasibility study. American journal of roentgenology.  7HUU\ 5 1HHGOH QHFURSV\ - &OLQ 2010 Nov;195(5):1051-6. 3DWKRO 9. AIIMS, ICMR working on virtual autopsy 6. Das A, Chowdhury R. Searching cause technique: Govt in . Available of death through different autopsy from: https://indianexpress.com/article/ methods: a new initiative. Journal of india/aiims-icmr-working-on-virtual- Family Medicine and Primary Care. 2017 autopsy-technique-govt-in-rajya- Apr;6(2):191. sabha-6149340/ 7. Lewis C, Latif Z, Hill M, Riddington M, Lakhanpaul M, Arthurs OJ, Hutchinson 10. Ukpo O, Boger D. The Role of Virtual JC, Chitty LS, Sebire NJ. “We might get a Autopsy and Use of a CT Scanner in lot more families who will agree”: Muslim Medico-Legal Death Investigations. and Jewish perspectives on less invasive InMultidisciplinary Medico-Legal Death perinatal and paediatric autopsy. PloS Investigation. Academic Press.2018. 69- one. 2018 Aug 9;13(8):e0202023. 73.

January-March 2021 | 127 An Empirical Investigation on Identification of Various Factors Affecting The Indian Police Journal Crime against Women in @BPRD, MHA BPRD Publication Chhattisgarh, India www.bprd.gov.in

Ashok Juneja*

Abstract have always been issues of concern. The folks and society at large consider women as second class citizens. Though we admire and worship her in the name of Durga, Saraswati, Parvati and Kali, we also abuse them in the form of Child-marriage, Female infanticide, Sati, , Dowry and so on. Hence there is a need to develop awareness and improve laws to reduce these crimes against women. Thus to understand better the awareness levels and status of mindset of people regarding crime against women this study is done. The scope of the study is limited to Domestic crime against Indian women. The study is confined mainly to state of CHHATTISGARH for data collection and study. KEYWORDS: Crime, violence,legal provisions,data analysis,hypothesis,research

INTRODUCTION negligent number of accused are actually punished. In the absence of detailed Crime against women is a Global studies on incidence, it is difficult to come phenomenon. Violence against women up with suggestions about reducing if not has long been a problem .In spite of all the abolishing such violence. There is an urgent development, women are still victims of need for more studies on this violence so horrendous crimes across the world. This that the psychology of the violators is better violence ranges from very mild teasing to understood. Instances of violence need to rape and murder, and takes place at home, be thoroughly investigated, and ways and in the streets, at work places, in short means devised to reduce their incidence. everywhere. Few crimes against women There is a need for quick and severe are reported, fewer still prosecuted, and a punishment for the accused, which would

Author’s Intro: * Special DGP (SIB-ANO), Chhattisgarh

128 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India act as a deterrent too. human rights. This is the biggest hindrance to achieving gender equality. It’s a crime that Every woman is entitled to a fear free and leads to physical and psychological harm to respectable life and it’s our responsibility the woman. to create such a society where a woman is able to live with dignity and respect. It is not It can be a major hindrance for any society to only a human right but it’s a Nation building achieving equality, development and peace. activity at the grassroots level. Just framing Such acts of crime are direct consequences and enforcing laws to protect women are of gender inequality, unequal social power not enough. What is required is a social and structures, illogical cultural practices based economic freedom to women to resist such on blind beliefs and traditions, religious acts and build a society where men respect beliefs, customs and media to a large extent. women. THE OBJECTIVE OF THIS STUDY: The official statistics showed an improvement 1. To determine the various factors in health status, literacy rate, work affecting Crime against women. participation rate and political participation 2. To determine Area of the respondents is among women,while on the other hand the associated with the antecedents of crime spread of social evils like dowry deaths, child against women. marriage, domestic violence, rape, sexual harassment, exploitation of women workers 3. To determine Marital Status of the are rampant in different parts of India. respondents is associated with the Humiliation, rape, kidnapping, molestation, antecedents of crime against women. , torture, wife-beating etc. have 4. To determine Family Status of the grown up over the years. respondents is associated with the SELECTION OF RESEARCH TOPIC & ITS antecedents of crime against women. IMPORTANCE 5. To determine Gender of the respondents Social development happens when right is associated with the antecedents of investment is made in people. A developed crime against women. society has less or minimal income discrimination with absolutely no class 6. To determine Education of the or gender discrimination, where every respondents is associated with the individual feels safe and experiences a antecedents of crime against women. worthwhile contribution towards society. 7. To determine Age of the respondents is Violence against women is violation of associated with the antecedents of crime

January-March 2021 | 129 The Indian Police Journal

against women. covert abuse and economic deprivation, rape, abduction, kidnapping, murder (all 8. To determine Employment status of cases of criminal violence, dowry death, wife the respondents is associated with the battering, sexual abuse, maltreatment of a antecedents of crime against women. widow and an elderly woman (all cases of REVIEW OF LITERATURE domestic violence) and eve-teasing, forcing INTRODUCTION wife/daughter-in-law to go for feticide, forcing a young widow to commit sati etc. Researches in India and as well as abroad are (all cases of social violence), are issues which studied carefully. The methodology adopted affect a large section of society. by researchers and their findings have been carefully analyzed. Proper tips from these The United Nations defined “Violence studies help to shape present research work against Women” in 1993 in Declaration on in a proper direction. the elimination of Violence against Women. It defines it as any act of gender-based MEANING OF CRIME / VIOLENCE AGAINST violence that results in, or is likely to result WOMEN in, physical, sexual or psychological harm The Semantic meaning of “crime against or suffering to women, including threats of women” is direct or indirect physical or such acts, coercion or arbitrary deprivation mental cruelty to women. Crimes which of liberty, whether occurring in public or are “directed specifically against women private life. and in which only women are victims are characterized as Crime Against Women. It WOMEN IN INDIA is equally important to clarify the concept The status of women in India has been of “Violence” against women. Violence subject to many great changes over the includes abuse and any sort of physical past few decades. In ancient India, early aggression or misbehavior. When violence , the women enjoyed equal is committed at home it becomes domestic status with men in all fields of life. Later 500 violence and involves family members such B.C, the status of women began to decline. as children, spouse, parents or servants. The women enjoyed freedom, status and Domestic violence may involve different prestige in the society but did not last means such as hitting, kicking, biting, long and women finally settled down to shoving, and restraining, throwing objects. an indoor life. The Indian woman’s position In broad terms, it includes threats, sexual in society further deteriorated during the abuse, emotional abuse, controlling or medieval period when sati among some domineering, intimidation, stalking, passive/ communities, child marriages and a ban on

130 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India widow remarriages became part of social life of violence. Throughout history women in among some communities in India. various continents of the world have been considered as the physically weaker sex. The Mahatma Gandhi re-asserted women gender differences and bias existing globally equality with men. In response to the call place women all over the world in various of Gandhi women discarded their veil and disadvantageous positions. Crimes against came out of the four walls of their houses women are assertion of dominance over to fight the battle of freedom shoulder to them and come from the baser instincts of shoulder with their brothers. The result is society. As a matter of fact the problem of that the Indian Constitution today has given violence against women is not something women the equal status with men. new. Moreover violence against women is WOMEN IN MODERN SOCIETY often not considered as violence because Women’s participation in the workforce as of general acceptance of man’s superiority well as in other activities increased during in the society. Women themselves also do the 19th and from the early period of 20th not consider it as violence because of their century due to the uplift of women started misconstrued religious values and resulting by the influence of social reforms. As far socio cultural attitudes. as India is concerned, the social structure, Gender violence is a common problem cultural norms and value systems are prevailing in almost all the developing important determinants of women’s role and countries. Even in India the issue continues their position in society. India has one of the unabated creating many hassles and most impressive sets of laws for women. The challenges for the social growth. The age old state is to practice protective discrimination cultural beliefs and tradition have identified in favour of women. various issues of gender – based violence

CRIME AGAINST WOMEN IN INDIA that over the period of time has become a major cause of harassment faced by the The numbers of violent crimes in India women. especially those against women including rape that are reported in official statistics In India where almost half of the population are increasing with each passing year. are women, there are instances where they It is estimated that the growth rate of have been ill-treated and deprived of their crime against women would be higher right to life and personal liberty as provided than the population growth rate by 2010, under the constitution of India. Women which implies that progressively a greater are always considered as physically and number of women are becoming victims emotionally weaker than the males, whereas

January-March 2021 | 131 The Indian Police Journal at present women have proved themselves places etc. In all the above cases, a woman is in almost every field of life affirming that they considered as an aggrieved person. are no less than men due to their hard work As women gain influence and consciousness, whether at home or working places. Behind they will make stronger claims to their closed doors of homes all across our country, entitlements - gaining further training, people are being tortured, beaten and killed. It is happening in rural areas, towns, cities better access to credit and higher incomes - and in metropolitans as well. It is crossing and command attention of Police and courts all social classes, genders, racial lines and when attacked. As women’s economic age groups. It is becoming a legacy being power grows, it will be easier to overcome passed on from one generation to another. the tradition of “son preference” and thus But offences against women which reflect put an end to the evil of dowry. the pathetic reality that women are just not Violence against women can fit into several safe and secure anywhere. According to a broad categories. These include violence latest report prepared by India’s National carried out by individuals as well as states. Crime Records Bureau (NCRB), a crime Some of the forms of violence perpetrated has been recorded against women in every by individuals are coercive use of three minutes in India. Every 60 minutes, two women are raped in this country. Every contraceptives; female infanticide; prenatal six hours, a young married woman is found sex selection; obstetric violence and mob beaten to death, burnt or driven to suicide. violence; as well as harmful customary or traditional practices such as honor killings, Violence against women is not a new dowry violence, female genital mutilation, phenomenon. Women have to bear the marriage by abduction and forced marriage. brunt of the domestic, public, physical as well as emotional and mental violence against FORMS OF VIOLENCE EXPERIENCED BY them, which affects her status in the society WOMEN THROUGHOUT THEIR LIFESPAN to a larger extent. The statistics of increasing The World Health Organization (WHO), in crimes against women is shocking, where its research on Violence against women, women are subjected to violent attacks i.e. categorized it as occurring through five foeticide, infanticide, medical neglect, child stages of the life cycle: 1) pre-birth 2) infancy marriages, bride burning, sexual abuse of girl child, forced marriages, rapes, prostitution, 3) Girlhood, 4) adolescence and adulthood sexual harassment at home as well as work 5) elderly

132 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

PHASE TYPES OF VIOLENCE Types and Forms of Violence against PRESENT Women in India Pre-birth Sex-selective abortion; (i) Sexual Harassment: battering during pregnancy; coerced pregnancy. Half of the total number of crimes Infancy Female infanticide; against women reported in 1990 emotional and physical related to molestation and harassment abuse; differential access to at the workplace. Eve teasing is a food and medical care. euphemism used for sexual harassment Girlhood Child marriage; genital mutilation; sexual abuse or molestation of women by men. Many by family members and activists blame the rising incidents of strangers; differential access sexual harassment against women on to food, medical care and the influence of “Western culture”. education. Adolescence Violence during courtship; (ii) Dowry: economically coerced sex In 1961, the government of India (e.g. for school fees); sexual passed the Dowry Prohibition Act, abuse in the workplace; rape; making the dowry demands in wedding sexual harassment; arranged arrangements illegal. However, many marriage; trafficking. Reproductive Physical, psychological and cases of dowry –related domestic Age sexual abuse by intimate violence, suicides and murders have male partners and relatives; been reported. The term for this is bride forced pregnancies by burning” and it’s criticized within India partner; sexual abuse in itself. the workplace; sexual harassment; rape; abuse of (iii) Child Marriage. widows, including property Child marriage has been traditionally grabbing and sexual prevalent in India and continues to cleansing practices. Elderly Abuse of widows, including this day. Historically, young girls would property grabbing; live with their parents till they reached accusations of witchcraft; puberty. In the past, the child widows physical and psychological were condemned to a life of great agony, violence by younger family shaving heads, living in isolation, and members; differential access shunned by society. Although child to food and medical care. marriage was outlawed in 1860, it is still a common practice.

January-March 2021 | 133 The Indian Police Journal (Prevention) Act Immoral Traffic 0.76% Crueltyby Husband or his Relatives (Sec 498A IPC) 498A (Sec Relatives

Percentagewise crime analysis 35.56% Dowry Deaths (Sec Assaulton Women (Sec.354IPC) 304B IPC) 304B 2.62% 22.81% Kidnapping & Abduction Rape (Sec.376 IPC) (Sec.376 Rape InsultModesty to the of Women (Sec 509 (Sec Women of of Women 18.13% P)2.94% IPC) 10.28% Prohibition Act, Act, Prohibition Dowry 3.08% 1961 Other crimes 3.82% A Madhya ndhra Pradesh Andhra Pradesh Andhra Maharashtra West Bengal Uttar Pradesh Uttar Immoral Traffic (Prevention) Act 1956 Act (Prevention) Traffic Immoral Tamil Maharashtra West Bengal

Telangana Karnataka CRIME AGAINST WO

337,635 Rajasthan Haryana Punjab Kerala Gujarat Cruelty by Husband or his 281,442 Kerala

229,396 relative 492 541 704

227,706 797 844 1,260 35,024 37,154 2,685

210,107 2,814 2,873 44,718 46,124 66,524 4,219

199,622 76,789 86,860 88,714 168,127 119,626 CAW- states decreasing order CAW- decreasingorder states 134,054 172,242 117,845

109,136 Madhya Pradesh Madhya Pradesh Madhya Andhra Pradesh Andhra Andhra Pradesh Andhra

102,994 MEN IN INDIA (2010

Insult to the Modesty of Women (Sec. Uttar Pradesh Uttar Maharashtra Maharashtra West Bengal West Bengal Assault on Women (Sec.354 IPC) (Sec.354 Women on Assault Tamil Tamil Nadu 7

95,537 Karnataka Telangana Rajasthan Delhi UT Haryana Odisha Odisha Assam Kerala 82,400 Kerala

80,099

78,193 509 IPC) 2,096 2,834 3,481 3,746 3,782 4,914 5,471 56,169 6,310 25,361 Top 10 states analysis crime wise wise crimestates analysis 10 Top 11,788 35,233 36,129 37,750 38,645

54,140 44,795 54,316

48,198 27,116 69,785 72,635 72,859 39,469

28,694 – 2018) Madhya Pradesh Madhya 14,053 Pradesh Madhya Andhra Pradesh Andhra Dowry Prohibition Act, 1961 Dowry Prohibition Uttar Pradesh Uttar Uttar Pradesh Uttar Maharashtra West Bengal

11,997 Tamil Nadu Kidnapping & Abduction of Women Telangana Karnataka Rajasthan Delhi UT Haryana Odisha Odisha Assam 11,322 Assam Bihar Bihar

3,360

3,230 592 628 1,887 2,327 17,627 2,862 18,049 29,318 32,186 32,617 32,583 36,362 39,769 9,344 43,349 10,171

2,657 12,663 13,412 13,955

2,389 17,096 94,769 1,799 Indecent Representation of Women

Source: NCRBreport, ncrb.gov.in 929

Dowry Deaths (Sec 304B IPC) 304B (Sec Deaths Dowry Madhya Pradesh Madhya

916 Pradesh Madhya (Prohibition) Act, 1986 Act, (Prohibition) Andhra Pradesh Andhra Andhra Pradesh Andhra Uttar Pradesh Uttar Uttar Pradesh U Uttar Pradesh Uttar Maharashtra West Bengal Maharashtra Chhattisgarh West Bengal 909 tt Jharkhand a Rajasthan Ka Karnataka Rajasthan Rape (Sec.376 IPC) (Sec.376 Rape r Pr Haryana Delhi UT rn Odisha Odisha Odisha 613 Od Assam Kerala Kerala ades Bihar a t i a s h 217 k h a a 186 7 8 7 8 1 10 12 1 20 20 26 26 85 85 94 2,317 2,562 2,609 3,057 0 2 3,665 360 4,101 4,568 6,427 12,213 12,315 13,100

45 14,333 14,627 15,986 10,829 1,361 24,048 27,404 28,118 39,645 21,363

134 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

(iv) Female Infanticides and Sex Selective either forced into prostitution, domestic Abortions: India has a highly masculine work, or child labour. sex ratio, the chief reason being that many Eve-Teasing: women die before reaching adulthood. It is therefore suggested by many experts, (vii) Eve teasing is an act of terror that violates that the highly masculine sex ratio in India a woman’s body, space and self-respect. can be attributed to female infanticides It is one of the many ways through which and sex-selective abortions. The abuse of a woman is systematically made to feel the dowry tradition has been one of the inferior, week and afraid. Whether it is an main reasons for sex-selective abortions obscene word whispered into a woman’s and female infanticides in India. ear; offensive remarks on her appearance; an intrusive way of touching any part Domestic Violence: of a woman’s body; a gesture which is (v) The incidents of domestic violence are perceived and intended to be vulgar; higher among the lower socio- economic all these acts represent a violation of a classes. There are various instances of an woman’s person, her bodily integrity. inebriated husband beating up the wife Rape: often leading to severe injuries. Domestic violence is also seen in the form of physical One-quarter of the reported rapes involve abuse. Domestic violence includes, girls under the age of 16 but the vast harassment, maltreatment, brutality or majority are never reported. Although the cruelty and even the threat of assault- penalty is severe, convictions are rare. intimidation. It includes physical injury, Crimes such as rape as a form of sexual as well as “willfully or knowingly placing violence are reported to be on the or attempting to place a spouse in fear of increase. Around the world, one in five injury and compelling the spouse by force women has been found to be victim or threat to engage in any conduct or of rape in her lifetime . Many rapes go act, sexual or otherwise, from which the unreported because of the stigma and spouse has a right to abstain”. Confining trauma associated with them and the or detaining the spouse against one’s will lack of sympathetic treatment from legal or damaging property are also considered systems. as acts of violence. The insecurity outside the household is Trafficking: today the greatest obstacle in the path (vi) The Immoral Traffic (Prevention) Act was of women. Conscious that, compared to passed in 1956. However, many cases of the atrocities outside the house, atrocities trafficking of young girls and women within the house are endurable, women have been reported. These women are not only continued to accept their

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inferiority in the house and society, but every 93 minutes a woman is burnt to even called it sweet. death over dowry.

(viii) In recent years, there has been an Acid attacks: alarming rise in atrocities against women At times, acids such as sulphuric acid has in India. Every 26 minutes a woman been used to disfigure or kill women and girls is molested. Every 34 minutes a rape for reasons such as family feuds, inability to takes place. Every 42 minutes a sexual meet dowry demands and for rejection of harassment incident occurs. Every 43 marriage proposals. minutes a woman is kidnapped. And

CAW – Top Five States in India

136 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

CAW reported during 2013 – 2018 in Chhattisgarh

Source: CCTNS report Chhattisgarh January-March 2021 | 137 The Indian Police Journal

Constitutional and Legal Provision For t "SUJDMF   EJSFDUT UIF 4UBUF UP NBLF Women provision for ensuring just and The principle of gender equality is enshrined humane conditions of work and in the Indian Constitution in its Preamble, maternity relief. Fundamental Rights, Fundamental Duties B) Legal Provisions for women are as under: and Directive Principles. The Constitution not only grants equality to women, but also t Factories Act 1948: Under this Act, a empowers the State to adopt measures of woman cannot be forced to work positive discrimination in favour of women for beyond 8 hours and prohibits neutralizing the cumulative socio economic, employment of women except education and political disadvantages between 6 A.M. and 7P.M. faced by them. Within the framework of a t Maternity Benefit Act 1961: A Woman is democratic polity, our laws, development entitled to 12 weeks maternity leave policies, Plans and programmes have aimed with full wages. at women’s advancement in different spheres. India has also ratified various international t The Dowry Prohibition Act, 1961: Under conventions and human rights instruments the provisions of this Act demand of committing to securing equal rights of dowry either before marriage, during women. marriage and or after the marriage is A) Constitutional Provisions for women are an offence. as under: t The Equal Remuneration Act of 1976: t "SUJDMF DPOGFSTPONFOBOEXPNFO This act provides equal wages for equal rights and opportunities in equal work: It provides for the political, economic and social sphere. payment of equal wages to both men and women workers for the same t "SUJDMF   QSPIJCJUT  EJTDSJNJOBUJPO work or work of similar nature. It against any citizen on grounds of also prohibits discrimination against religion, race, caste, sex etc. women in the matter of recruitment.

t "SUJDMF   QSPWJEFT GPS FRVBMJUZ PG t The Child Marriage Restrain Act of 1976: opportunities matters relating to This act raises the age for marriage of employment or appointment to any a girl to 18 years from 15 years and office under the state. that of a boy to 21years. t "SUJDMF  B E  NFOUJPOT QPMJDZ t Indian Penal Code: Section 354 and security of state equality for both men 509 safeguard the interests of women. and women the right to a means of livelihood and equal pay for equal t The Medical Termination of Pregnancy work for both men and women. Act of 1971: The Act safeguards women

138 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

from unnecessary and compulsory students, research scholars in colleges abortions. and universities, patients in hospitals. The Bill was passed in t "NFOENFOUT UP $SJNJOBM -BX   on3.9.2012. which provides for a punishment of 7 years in ordinary cases and 10 years Importance of the Study for custodial rape cases. An important finding of WHO 2017 report on t 73rd and 74th Constitutional “Violence against Women” is ‘Women who Amendment Act reserved 1/3rd seats in are less educated and have witnessed Panchayat and Urban Local Bodies for their mothers being abused, develop an women. attitude of accepting violence as male privilege and woman’s subordinate status’. t The National Commission for Women Act, 1990: The Commission was set The WHO report 2017, on “Violence against up in January, 1992 to review the women developed in collaboration with Constitutional and legal safeguards London school of hygiene and tropical for women. medicine and the South African Medical t The Protection of Human Rights Act, Research Council, is a systematic study of 1993: violence against women by intimate partner and by non partner. It specifies that such acts Protection of Women from Domestic t of violence have a tremendous long term Violence Act, 2005: This Act protects and sometimes permanent negative impacts women from any act/conduct/ on the woman’s physical, mental, sexual omission/commission that harms, and reproductive health. Her life becomes a injures or has potential to harm living hell if she is not able to come out of the is to be considered as domestic trauma caused by this violence. And even if violence. It protects the women from she is able to restructure, it is not the same physical, sexual, emotional, verbal, as before. psychological, economic abuse.7. In India there are many challenges to attain t Protection of Women against Sexual Harassment at Workplace Bill, 2010: on development but one of the prominent one November 4, 2010, the Government is the evil cultural traditions that have been introduced protection of Women instrumental in violence against women. Against Sexual Harassment at According to “The Thomson Reuters” survey Workplace Bill, 2010, which aims at in June 2018 India was ranked as the world’s protecting the women at workplace most dangerous country in the world for not only to women employees but women. Surpassing even countries like also to female clients, customers, Afghanistan and Syria.

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Methodology conferences proceedings and research Introduction papers etc. are referred.

This chapter discusses instruments for data The status of women in India has been subject collection needed for explorative research. to many great alterations over the past few It gives the procedure for development of millenniums. From a largely unknown status questionnaire which is the instrument for in ancient times through the low points of data collection. The instrument is developed the medieval period, to the promotion of in two stages. In stage-1 pilot questionnaire is equal rights by many reformers, the history of developed, which helps in refinement of final women in India has been lively. questionnaire. In stage -2 final questionnaire is developed. The data collected through final Design of Questionnaire questionnaire is analyzed. A pilot questionnaire consists of a set of The basic step of study is problem questions for obtaining information from identification & its objectives. This chapter respondents. A questionnaire enables deals with the research design & the quantitative data to be collected in a methodology adopted for formulating the standardized way so that the data are interrelationship. internally consistent and coherent for analysis. A pilot questionnaire is designed Research Methodology: with considering the educational level and This research involves a systematic process experience of the responses. The language that focuses on objectives and gathering used and the context of the questions must information for analysis. The research is a all be familiar to the respondents. multiple step process where the steps are interlinked with the other steps in the process. In this research Likert scale is used to obtain the response of the respondents against Research Methodology is a way to each of the statements. The respondents systematically solve the research problem. It were requested to indicate their degree of may be understood as a science of studying agreement by ticking one of five response how research is done scientifically. It is also defined as the study of methods by which categories such as Not Important, Slightly knowledge is gained. Important, Medium Important, Very Important and Most Important. Likert scale is Problem Identification through Literature easy to construct and administer and easy for Review respondent to understand. The first step of research design and methodology starts with the definition of Sources of Data the problem. For this extensive literature In this research both primary and secondary survey is carried out. Several National data are collected. It helped in covering every and International journals, International aspect of the study.

140 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

Primary Data Data Collection (Sample Design) Primary data are collected specifically to Data Collection plays an important part in address the search problem. The information is research study. In this research Quantitative collected from citizens of Chhattisgarh region. method is used for data collection. Secondary Data Quantitative method relies on random The secondary data are collected from the sampling and structured data collection different sources such as: published material instruments that fit diverse experiences into from Journals, Working Papers, Magazines, predetermined response categories. They Websites, etc. produce results that are easy to summarize, compare, and generalize. Pilot Study Questionnaire The questionnaire is pre-tested through a The data collection methods play an pilot survey involving the respondents in the important role in impact evaluation by proposed sampling frame. The purpose of providing information useful to understand pilot questionnaire is to obtain information the processes behind observed results and to improve its content, format and sequence. assess changes in people’s perceptions It helps in finding out whether the questions of their well-being. It is used to improve are easy to understand by respondents or the quality of survey-based quantitative not. Sufficient time is given for amendments evaluations by helping generate evaluation in the pilot study before the survey starts. hypothesis; strengthening the design of Pilot Study and Finalization of survey questionnaires and expanding or Questionnaire clarifying quantitative evaluation findings. The Pilot Questionnaire was accompanied by a covering letter which explains the purpose Sample Size of the survey. The questionnaire was filled in Sample size affects the outcome of the 10 experts viz. academicians and professionals research. Sample size has the effect of from Police department. Responses to each increasing statistical power by reducing statement in the questionnaire were taken sampling error. Larger sample sizes reduce by ticking on the categories of agreement or the detrimental effects of non-normality. For disagreement using a 5 points likert scale. sample sizes of 200 or more, however, these Five point likert scale used in the questionnaire same effects may be negligible. Moreover, is shown in given below: when group comparisons are made, such as

Source: Disagree Neutral Agree Strongly in ANOVA, the differing sample sizes between CCTNS report Agree groups are large enough, can even cancel out Chhattisgarh 12345the detrimental effects. Thus this research has √√√√√393 responses (large sample size).

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Percentage of Sample that picked a d) Testing hypothesis particular answer Data Analysis Accuracy of the data also depends on the Data Collection and Initial Screening percentage of sample that picks a particular answer. If 99% of sample said “5” and 1% said A structured questionnaire is prepared using “1” the chances of error are remote, irrespective literature survey and in-depth interview with of sample size. However, if the percentages concerned people. An in-depth interview are 51% and 49% the chances of error are helps in enriching the information and makes much greater. It is easier to be sure of extreme the qualitative analysis more focused. It helps answers than of middle-of-the road ones. in making the questionnaire more specific and accurate for a large stratified survey. Analysis of data After collection of the data from the This study utilized a survey approach with a respondents, it is carefully crafted to acquire closed questionnaire. It was distributed to desired knowledge. The following steps common people in Chhattisgarh region. To properly prepare data. They are: ensure proper representation of all we have chosen different AGE, different GENDER, Questionnaire checking different AREA OF LIVING and different Questionnaire checking involves eliminating OCCUPATION of Chhattisgarh state. unacceptable questionnaires. These First survey was conducted with a closed questionnaires may be incomplete, instructions questionnaire in this phase. The questionnaire not followed, little variance, missing pages etc. was filled in by 10 experts viz. academicians Editing and professionals from Police department. Editing corrects illegible, incomplete, Findings From Pilot Questionnaire inconsistent and ambiguous answers. After the analysis of pilot questionnaire, The responses are sorted for the analysis. the different variables are scrutinized to Correctly organized data save a lot of time be included in the final questionnaire. The and prevent mistakes. Statistical program overlapping variables were also identified and (Microsoft excel and SPSS) are used to merged into a single variable. New variables organize the data effectively. All data are were also identified to be included in final entered in the same format and in same data questionnaire The variables which were base. Computation of Statistics such as: Mean found to be less important were eliminated. , Standard Deviation, Variance, etc. Only those variables which were included a) Testing of research data through in the final questionnaire had the greatest Adequacy, Reliability and Validity importance on performance measures. b) Factor analysis The variables were further categorised into c) Correlation analysis justifiable factors.

142 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

Final Questionnaire 1 Personal Details 1.1 Name of 1.2 Area Rural Urban Respondent (Optional) 1.3 Marital Married Unmarried 1.4 Family Joint Nuclear Status 1.5 Gender Male Female 1.6 Education High 12th Graduation School PG and Above 1.7 Age (yrs) <30 30-40 41-50 > 50 1.8 Employment Working Non- working 1.9 Contact No. 2.0 E-mail (Optional)

Strongly Disagree Disagree Neutral Agree Strongly Agree 12 3 4 5 √√ √ √ √

S. No. Attribute 12345

Awareness levels about crimes like eve-teasing, gender 1.1 discrimination among common people has increased in past few years. (A101) Women are now more aware about their legal rights. 1.2 (A102) Interaction with youth helps in boosting their 1.3 knowledge regarding various crimes and their proper reporting. (A103) Increase in awareness levels has decreased domestic 1.4 violence. (A104)

Fast track courts have reduced long tedious process of 2.1 seeking justice. (B101) Increase in punishment tenure(upto 20 years) for 2.2 crimes against women increases faith in society. (B102) Opening MAHILA THANA/ all-women Police stations 2.3 (WPS) has increased crime reporting figures. (B103) Due to strict laws and proper investigations, rape cases 2.4 have decreased. (B104) New laws are sufficient to address the range of sexual 2.5 violence faced by women. (B105)

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The new Police initiatives have led to a rise in arrests 2.6 for Crime against women. (B106)

Due to the positive response from society, people 3.1 don’t hesitate to report such crimes anymore. (C101) Now women don’t feel embarrassed about lodging 3.2 complaint about crime. (C102) Society’s response towards rape victims has increased. 3.3 (C103) Movements for women rights, gender equality, safety 3.4 & justice have decreased crimes. (C104)

Impact of social media is helping in drawing more 4.1 attention to Crime against women. (D101) NGOs which assists women in filing complaints, 4.2 develop confidence in women which in turn results in lodging an FIR. (D102) Free legal aid provided by few NGOs helps financially 4.3 weak victims to lodge a complaint. (D103) Shelter/ protection homes offered by NGOs help 4.4 financially weak victims to take decisions regarding lodging a complaint against domestic violence. (D104) Training and awareness programs run by them are 4.5 useful to women especially in rural areas. (D105) NGOs help in raising voice at national platform for the 4.6 benefit of all. (D106)

Change in lifestyle/living standard has resulted in 5.1 growth in Crime against women. (E101) Alcoholism is one of the major causes promoting 5.2 Crime against women. (E102) Women having social / professional positions are more 5.3 powerful in raising their voices against crimes. (E103) Lack of moral values is one of the contributing factors 5.4 for Crime against women. (E104) Domestic violence is more prevalent in uneducated 5.5 families. (E105)

144 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

Research Hypothesis Movements; H : Area of the respondents is significantly A1 H : Family Status of the respondents is associated with Awareness level; C4 significantly associated with NGO / Supportive agencies; HA2: Area of the respondents is significantly associated with Justice Policies & Law reforms; HC5: Family Status of the respondents is significantly associated with Behavioral HA3: Area of the respondents is significantly associated with Social Movements; Aspect. H : Gender of the respondents is significantly HA4: Area of the respondents is significantly D1 associated with NGO / Supportive agencies; associated with Awareness level; H : Gender of the respondents is significantly HA5: Area of the respondents is significantly D2 associated with Behavioral Aspect. associated with Justice Policies& Law reforms; H : Gender of the respondents is significantly HB1: Marital Status of the respondents is D3 significantly associated with Awareness level; associated with Social Movements; H : Gender of the respondents is significantly HB2: Marital Status of the respondents is D4 significantly associated with Justice Policies& associated with NGO / Supportive agencies; Law reforms; HD5: Gender of the respondents is significantly associated with Behavioral Aspect. HB3: Marital Status of the respondents is significantly associated with Social H : Education of the respondents is Movements; E1 significantly associated with Awareness level; H : Marital Status of the respondents is B4 H : Education of the respondents is significantly associated with NGO / Supportive E2 significantly associated with Justice Policies& agencies; Law reforms; H : Marital Status of the respondents is B5 H : Education of the respondents is significantly associated with Behavioral E3 significantly associated with Social Aspect. Movements; H : Family Status of the respondents is C1 H : Education of the respondents is significantly associated with Awareness level; E4 significantly associated with NGO / Supportive agencies; HC2: Family Status of the respondents is significantly associated with Justice Policies& H : Education of the respondents is Law reforms; E5 significantly associated with Behavioral Aspect. HC3: Family Status of the respondents is significantly associated with Social

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HF1: Age of the respondents is significantly RESPONSE RATE & PROFILE OF THE associated with Awareness level; RESPONDENTS

HF2: Age of the respondents is significantly After the distribution of 500 final associated with Justice Policies& Law reforms; questionnaires, a continuous follow up procedure was followed to get the H : Age of the respondents is significantly F3 responses. It resulted in receiving a total of associated with Social Movements; 412 responses out of which only 339 were valid responses. It resulted in a response rate HF4:Age of the respondents is significantly associated with NGO / Supportive agencies; of 67.8% which is quite encouraging.

TESTING OF DATA HF5: Age of the respondents is significantly associated with Behavioral Aspect. The tests of reliability, adequacy and validity are the major tests used to evaluate HG1: Employment status of the respondents is significantly associated with Awareness level; a measurement tool and subsequent measurements. The data should follow H : Employment status of the respondents is G2 normal distribution. Data adequacy confirms significantly associated with Justice Policies& that obtained data is sufficient for analysis. Law reforms; Validity refers to the extent of measure. The tests of sound measurement are: HG3: Employment status of the respondents is significantly associated with Social t 4BNQMF"EFRVBDZ Movements; t 7BMJEJUZ t 3FMJBCJMJUZ HG4: Employment status of the respondents is significantly associated with NGO / Reliability Statistics Supportive agencies; Cronbach’s Alpha N of Items .833 25 HG5: Employment status of the respondent is significantly associated with Behavioral Aspect.

146 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India CORRELATION MATRIX CORRELATION Table for correlation matrix correlation for Table

January-March 2021 | 147 The Indian Police Journal

The above table indicates the correlation or variance among the original variables matrix. It is simply a rectangular array to generate the solution. The number of numbers which gives the correlation of factors will always be less than the coefficients between a single variable and number of original factors. So, “factor every other variables in the investigation. The analysis” commonly refers to common Diagonal elements of the table should always factor analysis. be equals to one. Correlation table is used to The standard deviation of each check the pattern of relationship between component is below 2 on 5-point scale variables. which suggests that the components are Factor Analysis not scattered. Factor analysis is a method used ƐƚĂƟƐƟĐĂů KMO and Bartlett’s Test to describe ǀĂƌŝĂďŝůŝƚLJ among observed, correlated ǀĂƌŝĂďůĞƐ in terms of a potentially Kaiser-Meyer-Olkin Statistics is 0.860 which is lower number of unobserved variables significantly high which suggests that sample called factors. size and sampling techniques are adequate. The Significance Value of Bartlett’s Statistics There are two main types of factor analysis: is 0.000 which suggests that Factor Model for t Principal component analysis - This this data is significant. So it can be concluded method provides a unique solution so that that Factor Analysis has been properly used. the original data can be reconstructed Factor Communality Statistics from the results. Thus, this method not Communalities indicate the common variance only provides a solution but also works shared by factors with given variables. Higher the other way round, i.e. provides data communality indicated that larger amount of from the solution. The solution generated the variance in the variable has been extracted includes less than or as many factors as by the factor solution. The communalities there are variables. extraction for every component is greater t Common factor analysis - This technique than 0.4 which suggests that components are uses an estimate of common difference properly loaded.

148 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

Common factor analysis Factor Communality Statistics Descriptive Statistics

Total Variance Explained The total Variance Explained is 60.24 % which suggests that the data covers large variance of the model.

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Scree Plot of the Total Variance Explained

The Eigenvalues have been taken to be 1. It can be observed that up to 6th component the total initial eigenvalue is more than 1 and up to 25th component, it is more than 0. So all the components are merged into 6 factors.

Factor Component Rotation Justice Policies & Law reforms. Questions In order to explain a particular factor C101, C102, C103 and C104, are merged and named Social Movements. Questions numerous questions are extracted to D101, D102, D103, D104, D105 and D106 describe that factor. And hence questions are merged and named NGO / Supportive A101, A102, A103 are merged and named agencies. Questions E102, E103, E104 and Awareness levels and A104 is discarded due E105 are merged and named Behavioral to cross loading. Questions B101, B102, B103, Aspect and E101 is discarded due to cross B104, B105 and B106 are merged and named loading. Finally total Five are extracted.

150 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

Rotated Component Matrixa Component 123456 -.020 -.156 .109 .089 .609 -.112 .080 -.052 .131 -.106 .803 .219 -.086 -.226 .150 -.101 .730 -.287 -.150 .165 .475 .007 .427 -.023 .250 .719 .033 .045 -.108 .019 .093 .765 .101 .120 -.105 -.257 .294 .542 .097 .080 .072 .070 .153 .756 .031 .140 -.157 .272 .301 .621 .052 .046 -.178 .425 .263 .615 .265 .098 -.098 .132 .329 .099 .715 .016 .102 .192 .236 .048 .801 -.030 .034 .125 -.016 -.075 .626 .145 .332 -.279 -.013 .201 .695 -.015 .067 -.093 .444 .324 .009 .271 .107 -.203 .761 .152 .026 .148 .089 -.053 .770 .222 .055 .103 .041 .118 .719 .290 .136 .163 -.097 .093 .677 .139 .109 .029 -.079 -.008 .741 .182 .077 .122 -.101 .101 .118 .200 .011 .439 -.151 .646 .034 .104 .037 .746 -.015 .077 .336 .238 -.056 .593 .296 -.008 .318 -.062 .030 .561 -.080 -.366 .140 .119 .025 .704 -.105 .212 Extraction Method: Principal Component Analysis. Rotation Method: Varimax with Kaiser Normalization. a. Rotation converged in 7 iterations.

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Analysis Of Variance (Anova) t Area of the Respondents

Area of the respondents was classified under two categories namely 1 and 2 designated as 1 represents Urban and 2 represents Rural. To test the hypothesis, one-way ANOVA test was conducted.

Sum of df Mean F Sig. Squares Square Between Groups 1.426 1 1.426 2.348 .126 Awareness Within Groups 204.632 337 .607 levels Total 206.058 338 Between Groups .364 1 .364 .573 .449 Policies & Within Groups 213.945 337 .635 Legal reforms Total 214.309 338 Between Groups .263 1 .263 .538 .464 Social Within Groups 164.616 337 .488 Movements Total 164.878 338 NGO / Between Groups 1.910 1 1.910 5.585 .019 Supportive Within Groups 115.259 337 .342 agencies Total 117.169 338 Between Groups .627 1 .627 1.704 .193 Behavioural Within Groups 123.978 337 .368 aspect Total 124.604 338

In above table, the significance values for ANOVA for NGO / supportive agencies are less than 0.05 which means, area of the respondents is significantly associated with the NGO / supportive agencies but not significantly associated with awareness levels, legal reforms,

social movements and behavioural aspect. Therefore hypothesis HA1, HA2, HA3 and HA5 are

not accepted and hypothesis HA4 is accepted. t Marital Status of the Respondents

Marital status of the respondents was classified under two categories namely 1 and 2 designated as 1 represents Unmarried and 2 represents Married. To test the hypothesis, one-way ANOVA test was conducted.

152 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

Sum of df Mean F Sig. Squares Square Between Groups 2.255 1 2.255 3.730 .054 Awareness Within Groups 203.802 337 .605 levels Total 206.058 338 Between Groups 7.944 1 7.944 12.972 .000 Policies & Legal Within Groups 206.365 337 .612 reforms Total 214.309 338 Between Groups .018 1 .018 .036 .849 Social Within Groups 164.861 337 .489 Movements Total 164.878 338 NGO / Between Groups .567 1 .567 1.637 .202 Supportive Within Groups 116.603 337 .346 agencies Total 117.169 338 Between Groups 1.496 1 1.496 4.096 .044 Behavioural Within Groups 123.108 337 .365 Aspect Total 124.604 338

In above table, the significance values of ANOVA for legal reforms and behavioural aspect are less than 0.05 which means, marital status of the respondents is significantly associated with the legal reforms and behavioural aspect but not significantly associated with awareness levels, social movements and NGO / supportive agencies. Therefore hypothesis HB1, HB3 and HB4 are not accepted and hypothesis HB2 and HB5 will be accepted. t Family Status of the Respondents

Family Status of the respondents was classified under two categories namely 1 and 2 designated as 1 represents Joint Family and 2 represents Nuclear Family. To test the hypothesis, one-way ANOVA test was conducted.

ANOVA Sum of df Mean F Sig. Squares Square Between Groups .383 1 .383 .627 .429 Awareness Within Groups 205.675 337 .610 levels Total 206.058 338 Policies Between Groups 1.394 1 1.394 2.207 .138 & Legal Within Groups 212.915 337 .632 reforms Total 214.309 338 Between Groups .860 1 .860 1.768 .185 Social Within Groups 164.018 337 .487 Movements Total 164.878 338

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ANOVA Sum of df Mean F Sig. Squares Square NGO / Between Groups .331 1 .331 .955 .329 Supportive Within Groups 116.838 337 .347 agencies Total 117.169 338 Between Groups .225 1 .225 .611 .435 Behavioural Within Groups 124.379 337 .369 Aspect Total 124.604 338

In above table, the significance values for ANOVA are more than 0.05 which means, family status of the respondents is not significantly associated with the awareness levels, legal reforms, social movements, NGO / supportive agencies and behavioural

aspect. Therefore hypotheses HC1,HC2,HC3,HC4 and HC5 are not accepted. t (FOEFSPGUIF3FTQPOEFOUT

Gender of the respondents was classified under two categories namely 1 and 2 designated as 1 represents Male and 2 represents Female. To test the hypothesis of impact of Gender on Employee Performance, one-way ANOVA test was conducted.

ANOVA Sum of df Mean F Sig. Squares Square Between Groups .157 1 .157 .257 .612 Awareness Within Groups 205.900 337 .611 levels Total 206.058 338 Policies Between Groups .390 1 .390 .614 .434 & Legal Within Groups 213.919 337 .635 reforms Total 214.309 338 Between Groups .031 1 .031 .064 .801 Social Within Groups 164.847 337 .489 Movements Total 164.878 338 NGO / Between Groups .713 1 .713 2.063 .152 Supportive Within Groups 116.456 337 .346 agencies Total 117.169 338 Between Groups .022 1 .022 .059 .808 Behavioural Within Groups 124.582 337 .370 aspect Total 124.604 338

154 | January-March 2021 An Empirical Investigation on Identification of Various Factors Affecting Crime against Women in Chhattisgarh, India

In above table, the significance values for ANOVA are more than 0.05 which means gender of the respondents is not significantly associated with the awareness levels, legal reforms, social movements, NGO / supportive agencies and behavioural aspect.Therefore hypotheses HD1,HD2,HD3,HD4 and HD5 are not accepted. t Education of the Respondents

Education of Respondents was classified under fourcategories namely 1, 2 ,3 & 4 designated as 1 represents High School, 2 represents 12th, 3 represents Graduation and 4 represents PG and above. To test the hypothesis, one-way ANOVA test was conducted.

ANOVA Sum of df Mean F Sig. Squares Square Between Groups 2.711 3 .904 1.489 .217 Awareness Within Groups 203.346 335 .607 levels Total 206.058 338 Between Groups 1.506 3 .502 .790 .500 Policies & Legal Within Groups 212.803 335 .635 reforms Total 214.309 338 Between Groups .839 3 .280 .571 .634 Social Within Groups 164.040 335 .490 Movements Total 164.878 338 NGO / Between Groups 2.701 3 .900 2.635 .050 Supportive Within Groups 114.468 335 .342 agencies Total 117.169 338 Between Groups 1.955 3 .652 1.780 .151 Behavioural Within Groups 122.649 335 .366 aspect Total 124.604 338

In above table, the significance values for ANOVA are more than 0.05 which means, education of the respondents is not significantly associated with the awareness levels, legal reforms, social movements, NGO / supportive agencies and behavioural

aspect.Therefore hypotheses HE1,HE2,HE3,HE4 and HE5 are not accepted. t Age of the Respondents

Age of Respondents was classified under four categories namely 1, 2 ,3 & 4 designated as 1 represents less than 30, 2 represents 30 to 40, 3 represents 41 to 50 and 4 represents greater than 50. To test the hypothesis, one-way ANOVA test was conducted.

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Sum of df Mean F Sig. Squares Square Between Groups .563 3 .188 .306 .821 Awareness levels Within Groups 205.494 335 .613 Total 206.058 338 Between Groups 8.330 3 2.777 4.516 .004 Policies & Legal Within Groups 205.979 335 .615 reforms Total 214.309 338 Between Groups 4.075 3 1.358 2.830 .038 Social Within Groups 160.803 335 .480 Movements Total 164.878 338 NGO / Between Groups .561 3 .187 .537 .657 Supportive Within Groups 116.608 335 .348 agencies Total 117.169 338 Between Groups 2.746 3 .915 2.516 .058 Behavioural Within Groups 121.858 335 .364 aspect Total 124.604 338

In above table, the significance values of ANOVA for Justice policies & Law reforms and Social Movements are less than 0.05 which means, Age of the respondents is significantly associated with the legal reforms and social movements but not significantly associated with awareness levels, NGO / supportive agencies and

behavioural aspect. Therefore hypotheses HF1,HF4 and HF5 are not accepted and

hypotheses HF2 andHF3 will be accepted. t &NQMPZNFOUPGUIF3FTQPOEFOUT

Employment of the respondents was classified under two categories namely 1 and 2 designated as 1 represents Working and 2 represent Non-Working. To test the hypothesis of impact of Gender on Employee Performance, one-way ANOVA test was conducted.

Sum of df Mean F Sig. Squares Square Between Groups .112 1 .112 .184 .668 Awareness levels Within Groups 205.945 337 .611 Total 206.058 338 Between Groups 4.653 1 4.653 7.478 .007 Policies & Legal Within Groups 209.656 337 .622 reforms Total 214.309 338 Between Groups .305 1 .305 .625 .430 Social Within Groups 164.573 337 .488 Movements Total 164.878 338

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Sum of df Mean F Sig. Squares Square NGO / Between Groups .000 1 .000 .000 .990 Supportive Within Groups 117.169 337 .348 agencies Total 117.169 338 Between Groups .289 1 .289 .784 .376 Behavioural Within Groups 124.315 337 .369 aspect Total 124.604 338

In above table, the significance value In extreme, but not unknown cases, death of ANOVA for legal reforms is less than is the result. These expressions of violence 0.05 which means, employment status take place in a man-woman relationship of the respondents is significantly within the family, state and society. Usually, associated with the legal reforms domestic aggression towards women and but not significantly associated with girls, due to various reasons remain hidden. awareness levels, social movements, Cultural and social factors are interlinked with NGO / supportive agencies and the development and propagation of violent behavioural aspect. Therefore behaviour.

hypotheses HG1,HG3,HG4 and HG5 are not Factor analysis is carried out. Numerous accepted and hypotheses HG2 will be accepted. questions are extracted to describe factors. Awareness levels, Policies & Law reforms, Results and Discussions Social Movements, NGO / Supportive The status of women in India has been subject agencies, Behavioral Aspect are the total to many great alterations over the past few five factors are extracted. millenniums. From a largely unknown status Conclusion in ancient times through the low points of the medieval period, to the promotion of Women in India have always been issues equal rights by many reformers, the history of of concern. Currently many initiatives are women in India has been lively. The status of being taken for Women empowerment. women has varied in different time periods. Increase rate of Women’s literacy / education Violence against women is partly a result have helped them to occupy the social and of gender relations that assumes men to professional positions in a powerful way be superior to women. Manifestations of and increase their voice against crime. The violence include physical aggression, such as analysis shows that there has been increase in blows of varying intensity, burns, attempted the registration of Crime especially after the hanging, sexual abuse and rape, psychological Criminal law amendment which took place in violence through insults, humiliation, 2013. The analysis also shows that the Women coercion, blackmail, economic or emotional now are more aware of crimes and feel that threats, and control over speech and actions. these crimes should not go unreported. And

January-March 2021 | 157 The Indian Police Journal because of increase in awareness, Women big difference in the lives of daughters,sisters don’t feel embarrassed, ashamed in lodging and mothers. However, ending crimes against complaint against crime. women is still a challenge. We can prevent ills by ensuring women autonomy, also increased The Government of India have come out with participation and decision making power in some stringent laws and created institutional the family and public life both. mechanisms to protect the rights of women who are victims of violence of any kind Scope For Further Study occurring within the family or any other crime, a) This study has been carried out in state of and its is acting as a preventive measure to Chhattisgarh only. Similar type of studies eradicate the crime. can be carried out in different states. The State Government of Chhattisgarh has b) Further research can be carried out for taken lots of initiatives to address the problem safety improvement of women in various of Women security like creation of : regions of the country as well as in global t )FMQ %FTL GPS XPNFO JO FBDI 1PMJDF context. station. c) For this study the data has been taken t $PVOTFMMJOH$FOUFSTUPBEESFTTUIFJTTVFT during a fixed time duration. related with domestic violence. d) In this study different clusters have been t 0QFOJOHVQPG.BIJMMB1PMJDF4UBUJPOT considered. Further studies can be carried out in specific crimes, districts etc. t -BVODIJOHPG8PNFO)FMQ-JOF  References t %FEJDBUFE *OWFTUJHBUJWF VOJUT GPS investigation of Crime against Women. [1]. R. Kalaiyarasi , Violence against women in India, IoSR journal of humanities & t .BIJMMB1PMJDF7PMVOUFFSTTDIFNF Social Sciences, Vol 20(2) . Feb 2015, pp t 0OFTUPQ$FOUFS 51-55 [2] R. Deva kunchari, S. Bhowmik,S.P. t *OUFHSBUJOH %*"-  XJUI 8PNFO Bhutada,Y. Shishodia, Analysis of crimes Security. against women in India using Regression ,IJEAT, Vol 8,Jan 2019, pp 124-127 These are necessary and laudable steps. But no matter how economically independent the [3] Crime against women, Member’s educated, urban woman becomes or how hard reference service, refernece note,2013 rural outreach programs work at improving [4] Domestic violence in India, A summary feminine hygiene and maternal care, the report of three studies, Sept 1999 narrative always meanders back to safety [5] Y.Gurappa Naidu, Violence Against or the lack of it. Inclusion of Development Women in India, Serials publications, narratives related with women will make a New Delhi,2011.

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[6]. Aadesh K. Devgan , Crime Against [17]. Domestic Violence Against Women in Women and Child, Cyber Tech India A.K.Singh, S.P.Singh and S.P.Pandey Publications, New Delhi, 2008. Journal of Gender Studies [7]. Shobha Saxena, Crimes Against Women [18]. ”Super Women Cops”. : Women’s and Protective Laws, Deep & Deep Feature Service. 12 May2003. Publications Pvt. Ltd, New Delhi,2004. [19]. Narula, Smita (1999).Broken People: [4]. Bedabati Mohanty, Violence Against Women, Kanishka Publishers, Caste Violence Against India’s” Distributors, New Delhi,2005, Pp 48- untouchables” .Human Rights Watch. 50, 87-89 [5]. Crime [20]. www.tnlegalservices.tn.gov.in/pdfs/ Report 2007,7 domesticviolence. [8]. ”Addressing Domestic Violence Against [21]. www.indiatogether.org/women/ Women: An Unfinished Agenda”. Indian violence/violence.htm. Journal of Community Medicine 73–76 [22] Crime against Women and its Impact on [9]. ”Acid attack on women unchecked and Them: Veena Chhibber - July 2019 unabated”. The Hindu (Madurai) 13 September ,2014 [23] Violence Against Women in India: A Case for Research in Tackling the Menace: [10]. ”Tamil Nadu records most no. of domes- Ravindra Ghooi-31 May 2013. tic violence cases”. TNN The Times of In- dia 3 December2012 [24] Home For Sexually Absued Women: Katepalli Varshini on Jan 01, 2020. [11]. ”Tamil Nadu Government makes mandatory CCTVs in public buildings”. [25] Whose problem is it anyway? Press Trust of India. 8 January 2013. Crimes against women in India : B. L. [12]. CrimereviewTamilNadu2007(Report). Himabindu, Radhika Arora, and N. S. State Crime Records Bureau, Crime Prashanth. Branch CID, Chennai, TamilNadu.2007. [26] Violence against women: Published: [13]. Kosambi, Meera (19 93) Violence November 7, 2013 perpetrated against women in India [27] Crimes against women: Indian Scenario (Report). Bangkok: UNESCO Principal - Zene Qamar, Nov 06, 2019. Regional Office for Asia and the Pacific. [28] Empower of Women Women Law: Shub- [14]. ”Women SHGs to spearhead campaign hamPatel , Apr 02, 2016. against liquor”. The Hindu. 7 October 2013. [29] Gender school and society: Abu Bashar, Jul 15, 2017 [15]. ”AnEpidemicofCrimesagainstWomen?”. Mint(NewDelhi).13September2013. [30] Domestic violence top crime against women, sedition cases doubled in [16]. Authors: Nancy A. Crowell and Ann 2018:Ananya Bhardwaj Jan 10, 2020. W. Burgess, Editors; Panel on Research on Violence Against Women, National [31] Domestic Violence and Child Abuse: Dr. Research Council Mrs.B. Bala Parameswari, Feb 13, 2015.

January-March 2021 | 159 The ‘Golden Triangle’ – A Hub of Narcotics Trade and Its Repercussions for North-East The Indian Police Journal India vis-a-vis The Act East @BPRD, MHA BPRD Publication Policy – An Analysis www.bprd.gov.in

Dr. Aprajita Baruah1 Ms. Sharmistha Baruah2

Abstract The problem of drug trafficking in India across the international borders has assumed monstrous proportions. It is a problem that is persistent basically in all parts of the world. Owing to its situation between the infamous ‘Golden Triangle’ and ‘Golden Crescent’, India is a significant course for drugs from Asia to Europe, Africa and the Americas and has played a dejected role in the drug trade for quite a long time. The article focuses on the issue of drug trafficking through the ‘Golden Triangle’ which is a location between the borders of Myanmar, Laos and Thailand and is one of the significant drug production centres in the world.

The authors through the article portray the flow of narcotics and psychotropic substances into India via the North-eastern region from the ‘Golden Triangle’ into India and its repercussion upon the North-eastern region of the nation. The authors also examine the issue in the light of the Act East Policy which seeks to bring about developmental opportunities for the North-East India through consistent commitment at bilateral, regional and multilateral levels by associating with its Asian neighbours. Finally, the authors comment on the serious repercussions brought about by the illicit drug trade along the Golden Triangle upon the implementation of the Act- East Policy.

Keywords: Drug Trafficking, Golden Triangle, North-East India, South-East Asia, Act East Policy.

1. Introduction . There are two significant focuses of drug production in Asia; the ‘Golden Drug trafficking is a problem that resonates and invigorates itself in Crescent’ involving Afghanistan, North basically all parts of the world. In India, it West Frontier Province of Pakistan and the generally comprises nationals from India, Central Asian Republics and the ‘Golden Afghanistan, Pakistan, Bangladesh and Triangle’ containing Myanmar, Thailand Author’s Intro: 1. Assistant Professor, P.G. Department of Law, Gauhati University, 2. Research Scholar, P.G. Department of Law, Gauhati University, Guwahati

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and Laos: these regions border India in drug addiction among the young the North-West and North-East separately generation thereby causing serious (Sharmah, 2018). concern for the North-Eastern region.

India has played a dejected role in the 3. The authors also seek to analyse the drug trade for quite a long time. Located repercussion of the illicit narcotics between the famous ‘Golden Triangle’ trade upon the Act East Policy which and ‘Golden Crescent’, India is a significant aims to bring forth developmental course for drugs from Asia to Europe, opportunities for the North-Eastern Africa and the Americas. Adding further region of our nation. to the hardship, different psychotropic 3. Research Methodology and pharmaceutical preparations and precursor synthetic substances created The present paper is both descriptive locally as well as in different parts of the and analytical in nature. The authors world are also trafficked through the have used secondary data to meet the Indian fringes. The two-way unlawful flow objective of the study and have therefore, of these drugs and synthetic compounds done extensive and intensive doctrinal not only infiltrates India’s border security, research. The data for the research has but also puts at risk public security and been compiled from an in-depth study thus operates as a genuine danger to the of the related books, articles, various country. It is because of the increasing reports of national as well as international trend in drug trafficking activities that is authorities and documents published in causing high incidences of drug addiction the related field. among population of the nation, targeting 4. ‘Golden Triangle’ – The Hub For Illicit mostly the young generation. Drugs Trade in South-East Asia

2. Objective of the Study The peninsular mass of Mainland 1. The authors through this paper aim South-East Asia is not only one of Asia’s at studying the geographical hub of historically significant intersections; it is furthermore eminent worldwide for illegal narcotics trade referred to as holding the alleged ‘Golden Triangle’- the ‘Golden Triangle’ comprising the one of the two primary territories of illicit countries Myanmar, Thailand and opium production of Asia and the world. Laos, and its serious implications for In any case, to the extent that unlawful the North-Eastern region. exercises are concerned, contemporary 2. The author in the paper has discussed Mainland South-East Asia is referred the increasing incidences of drugs to not just as a locus of illegal drugs trafficking activities which have production but also as a drug dealing resulted in rising occurrences of center and a huge narcotics consumer

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market (Chouvy, 2010, para. 1). the society.

Generally, the ‘Golden Triangle’ is a The trend and statistics of opium poppy location between the borders of Myanmar, cultivation in and around the ‘Golden Laos and Thailand. It is the stretch of Triangle’ reveal a continuous rise till the mainland South-East Asia where the vast year 2016 ever since the mid-nineteenth majority of the world’s illegal opium has century. As per the United Nations Office originated since the mid-1950s and until on Drugs and Crime (UNODC) South-East 1990, preceding Afghanistan’s opium Asia Opium Survey 2017, Opium poppy production which exceeded that of cultivation in Myanmar and Laos People’s Myanmar. Democratic Republic (PDR) increased to 63,800 hectares in 2014 in comparison to It is situated in the highlands of the fan- 61,200 hectares in 2013, escalating for the formed alleviation of the Indo-Chinese eighth successive year and nearly tripling peninsula, where the international the quantity produced in 2006 (UNODC, borders of Myanmar, Laos and Thailand 2014).However, due to the increase in the run. Heroin and Methamphetamine opium poppy cultivation in Afghanistan are produced fundamentally in Burma since 2013 there has been a decrease in (presently Myanmar) and trafficked areas under opium poppy cultivation in intensely all through the locale. Heroin and the ‘Golden Triangle’ (UNODC, 2019, p. 25- Methamphetamine might be consumed 26).Myanmar witnesses a decline in the regionally (both in Mainland and in amount of land being used to cultivate Insular South-East Asia) or might be sent opium poppy. out to China (by means of the territory of Yunnan), to India (by means of its North- As of 2019 some 37,300 hectares of land Eastern states), or abroad, generally was under poppy cultivation down from to Japan, Australia, and North and 41,000 hectares in 2017 (“Myanmar South America (Chouvy, 2010, para. 2). Cracking”, 2019). There has been a quick rise in the supply and demand for synthetic Narcotics dealing have been greatly drugs and particularly methamphetamine sought after in Myanmar since 1950s across East and South-East Asia as well as by extremist groups like “Olive’s Boys” the neighbouring regions as per UNODC drove by Olive Yang who created the Report of 2019. Hence, making it clear that ‘Golden Triangle’, the great drug realm the downward trend in opium cultivation that rose from South-East Asia’s jungles and related heroin production is the (Swami, 2016). The permeable borders cause of trading in synthetic substances of India can make it possible for entry (“Myanmar Cracking”, 2019). of huge quantities of narcotics and thus exaggerate the already existing issues of The mainland South-East Asia has security of human health and welfare of incidences of numerous other significant

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smuggling and trafficking activities: from trafficking, which occurred in the 1980s, the international trade in small arms, in significantly reduced the use of its well- nuclear and other radioactive materials, developed roadway by traffickers from to the global trade in unlawfully logged Burma (Myanmar); followed by patrols timber, wood products, and wildlife. It is of northern Thailand and its Western worth noting at once, that some of these border by the Third Army and the Border trafficking activities can be differentiated Patrol Police also led to the disruption of from many others because they comprise the routes used across the Thai-Burmese instances of environmental harm and border by opium convoys. However, in or exploitative activities (Chouvy, 2010, recent years, towards the northwest of para. 3). the Thai kingdom, the old trails of the former Communist Party of Thailand, 4.1. Drug Routes of Mainland South-East as well as outposts of Thai bases of the Asia Chinese Nationalist Kuomintang or Mainland South-East Asia or also known as Kuomintang of China (KMT), have been ‘Indochina’ owing to its situation between extensively used by traffickers mostly India and China has been perceptible carrying methamphetamine (Chouvy, for decades because of its trafficking in 2014). illegal goods. Unlawful trades in Mainland South-East Asia are various, extremely The mercantile opening of both southern diverse, and progressively multifaceted. China and North-East India since the mid- Of them, the two most prominent 1980s has likewise preferred the surfacing illegal trades of the region are - Human of “new” routes. Since 1985 Heroin dealers trafficking and Drug trafficking. Human have been following the renowned Burma trafficking feeds the colossal regional highway passing through the Burma- prostitution market and Thailand being China perimeter posts of Muse and Ruili worldwide renowned for that reason; and and continuing on through Baoshan, drug dealing, in reference to opium and an old Yunnanese point of nineteenth heroin produced in bulk in the ill-famed century opium trafficking, then through ‘Golden Triangle’ (Chouvy, 2010, para. 1). Dali and Kunming (Chouvy, 2014).

Until the early 1990s, Thailand was the While China is undoubtedly the primary major trafficking route for heroin in transit destination for heroin from Burma, South-East Asia. However, owing to a it is not the only one, North-East India number of reasons, reorientation of sharing a border of 1463 km with Burma, drug trafficking routes within South-East also draws some of the traffic. Opium and Asia and development of new routes heroin are transported from Myanmar to other parts of the continent took by road to the North-Eastern States of place. The Thai crackdown on heroin , Manipur and .

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It is considered by the that has led to the huge inflow of various narcotics, particularly heroin and brown varieties of drugs (Sharma, 2016, p. 65). sugar which are manufactured by the The international border with Myanmar drug lords in the ‘Golden Triangle’ region, consists largely of hilly and remote wherein high-grade poppy seeds are topography. Opium as well as heroin cultivated in abundance, are transported is transported by road all the way from to the North-Eastern States of India. the poppy fields in North-East Myanmar These transshipments find their way through Bhamo, Lashio and Mandalay out through Tamu (Myanmar)-Moreh into the North-Eastern region of India. (Manipur)-Nagaland-Assam, Myanmar- The foremost drug trafficking routes Mizoram-Assam, Mizoram-Barak Valley start from West Myanmar to the States (Assam)-Bangladesh routes. In the course of Nagaland, Manipur and Mizoram, of action, Guwahati, the entrance to thereafter, it reaches Guwahati, the the North-East India, has become the prime city of North-East India, enroute primary transit point for drug trafficking. to Kolkata and the rest of the country. In However, reports reveal that some drugs fact, the region is said to be the shortest manufactured in the ‘Golden Triangle’ route from South-East Asia to the metros are believed to be entering India via of the Asian sub-continent (Reddy, 2007, Bangladesh (Kumar, 2004). p. 74).

5. The North-East India Link to The The North-Eastern region has ‘Golden Triangle’ consequently become a soft target for a range of synthetic drugs produced Being close to the ‘Golden Triangle’, which by warlords and criminal gangs in is the tri-junction of Myanmar (Burma), Myanmar. The scenario is such that it is Thailand and Laos PDR, the North-East not only drugs which are being brought India has been one of the worst-affected from the ‘Golden Triangle’ into India, regions. The ‘Golden Triangle’ accounts but the same routes are being used to for over sixty percent of narcotics traded smuggle narcotics out of India as well, across the world and is infamous for hence creating a two-way passage for illicit cultivation of opium poppy which illegal trade in drugs. This has some has contributed to a substantial rise in long lasting ramifications for the region, the consumption of opiates among the one such consequence is the funding it South-East Asian population; thereby, inadvertently provides for the insurgent furthering a prospect for producing the groups of the North-East India (Sharma, vast majority of the illicit drug trade in the 2016, p. 65). Another consequence of the North-East India. drug trafficking activity is also the spread The porosity of the 1,463 km international of AIDS/HIV in nearly all the States of the borders of Indo-Myanmar via North-East North-East India, especially Nagaland,

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Manipur and Mizoram which are worst also (Sharma, 2016). affected. Therefore, the threat of opium trade Thus, a flourishing trade in narcotics intimidates regional integration. along the Indo-Myanmar border has Development plans are in progress to financially aided many insurgent groups expand transport connections, and for carrying on their violent military reduce trade barriers as well as border campaigns. In North-East, the illicit drug controls. This bears the risk of providing trade is helping the militants procure organised crime networks ample scope to arms for their secessionist operations. take advantage of the regional integration Despite launching several operations process. through the Customs Department, Border Security Forces [BSF], 5.1. The North-East Scenario of the Illicit and even State Excise Department across Narcotics Trade the Indo-Myanmar as well as the Indo- India’s North-East has been sinking Bangladesh borders and although several profoundly into a drug catastrophe that seizures have been made during the last has sunk its teeth deep into the texture couple of years; yet the menace has not of the North-Eastern culture. Youngsters been contained (Reddy, 2007). are getting high on addictive and In view of poor economic conditions unfriendly stimulants that leave their many young persons are compelled to body shuddering and shivering as they transport contraband across the borders. are shipped to a different universe by and In fact the State of Mizoram has turned out large, though for a couple of seconds in to be a ‘springboard’ for smuggling non- particular. Strangely, the Chinese variant conventional psychotropic substances to of Viagra has been found in numerous countries like Bangladesh, Myanmar and eastern towns of Mizoram. Further, even Thailand (Reddy, 2007). addicts are depending on modest choices, for example, cough syrups and pain- In a statement given by an official of the killer tablets to get a high. For instance, Government of India at Imphal, India in Mizoram the powder of ‘Spasmo is likely to be flooded with drugs from Proxyvon’ painkiller capsule is diluted in Myanmar in the upcoming years unless water and infused intravenously by the interfered by Rangoon by taking up greater young addicts. (Reddy, 2007). preventive measures. China, Bangladesh, Laos and Thailand are also teeming with Myanmar is India’s gateway to South- this synthetic drug manufactured in East Asia. Adjoining Myanmar to Myanmar. Large quantities of synthetic the east are the four Indian states of drugs are trans-shipped to India through , Manipur, Mizoram the coastal routes in the Bay of Bengal and Nagaland. The data from National

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AIDS Control Organisation demonstrates are highly prone to drug abuse and each of these four states’ rising numbers hence as a consequence are at high risk of HIV related diseases and increasing of HIV contamination, owing to certain drug trafficking activities. As the routes behaviours amongst the youths of the of western Myanmar are guarded by the North-eastern region, in particular needle‐ insurgents of India’s North-East, hence, sharing and unprotected sex (Ganapathi, narcotics and contraband weapons have 2019).Moreover, in terms of percentage on a regular basis been trafficked across affected population, the foremost states the unmanned border (Goswami, 2014). in the country are those in the North-East (Mizoram, Nagaland, Arunachal Pradesh, Lately, Manipur has seen Sikkim, Manipur) apart from Punjab, enormous amounts of trafficking of Haryana and Delhi (Ambekar et al., 2019, Pseudoephedrine Hydrochloride (PH) p. 4). content drugs, made in India, being smuggled into Myanmar for processing The thriving narcotics trade in the narcotics particularly heroin. The region has helped fund scores of rebel ongoing ethnic revolts of Manipur with armies for running their sadistic military their own “tax structure” help to fuel campaigns and secessionist movements. the issue. Pseudoephedrine is trafficked In Nagaland and Manipur insurgent from New Delhi to Myanmar and China groups have been regularly gathering through Guwahati by conduits situated taxes from every family, government in Nagaland, Manipur and Mizoram contractors and employees, transporters, (Goswami, 2014).The permeable outskirt businessmen and even government and disturbing ascent in substance abuse officials including ministers. However, in the area and beyond, has added to the circumstance is rapidly changing; the ‘thriving’ business. This accompanies insurgent groups have begun to trade a colossal cost as the crime percentages in illicit narcotics to raise finance to and HIV contaminations have shot up in maintain the insurgency going. Illicit the North-East India. trade in narcotics and arms generates billions of dollars on the The findings of a cross-sectional study and is the chief source of financing upon young persons who inject drugs terrorism, insurgency and organised and HIV risks conducted in the year 2019 crime, which have global implications. in India’s North-eastern states indicated It is incomprehensible to battle them that India has an expected 2.2 million without battling the danger of drug individuals living with HIV and an trafficking. expected 1.1 million people who inject drugs [PWID]. The study further indicated 6. The Repercussion of The Illicit Narcotics that younger generation of the region Trade upon the Implementation of the

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Act-East Policy: An Analysis Evaluating its possibilities and limitations, the ‘North-Eastern Vision 2020’was India’s North-East, consisting of Arunachal Pradesh, Assam, Manipur, , uncovered to bring improvement Mizoram, Nagaland and Sikkim, shares which inter alia highlighted to ninety-eight per cent of its land periphery reinforce infrastructure, to develop with Bangladesh, , China, Nepal communications, to connect north- and Myanmar. Its resource-rich expanse is eastern region with ASEAN by opening up a national asset. The hydroelectric, oil, gas, the ocean course through the Chittagong coal, bio-diversity and agro-silvicultural port and the land courses through prospects hold out the guarantee of national solutions through regional Myanmar and China, to establish agro- progress and will add infinitely to national handling enterprises and sericulture, to security in every respect. venture in production units based on the resources accessible in the region and In spite of its resources, the region lacks in development in contrast to to utilise fully the potential of the large the other regions of India. The reasons hydroelectric power generation and lay are: their remoteness being landlocked stress on developing services such as States, insufficient access to markets, tourism (Pattnaik, 2015). poor infrastructure and network with the rest of the country, issues of land All these with a view to boosting acquisition, widespread utilisation of advancement and generating productive conventional techniques in cultivation, service openings, provide scope inadequate cold storage for warehouse for skill development, generating and transportation, absence of banking entrepreneurship tendency, provision for institutions to lend credits as well investments, enhancing public-private as absence of guarantors for credits, ignorance of business sectors, contending cooperation and empowering climate for nature of demands, raw material sourcing, the progression of investments to strap innovation, branding and fixing quality up the physical resources of the region standards, huge dependence of educated in the interests of public. Therefore, persons on government occupations the accomplishment of this vision lies or else relocation from the region in in how efficiently the Act-East Policy search of better opportunities, adverse is incorporated with India’s North-East or disgraceful disposition towards labour- specific jobs, dependence on local markets by developing connectivity passage as and poor broadcast communications well as tending to the nation’s security availability (Pattnaik, 2016, para. 4). concerns (Pattnaik, 2015).

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6.1. “Act East through North-East” – The commitment at bilateral, regional and Act-East Policy: multilateral levels accordingly giving upgraded network to the States of North- The ‘Look East Policy’ changed into the Eastern Region. India has been working ‘Act-East Policy’ under the present on plans of building fiscal strip in North- political administration driven by Prime East India’s neighbourhood to enhance Minister Narendra Modi. This agreement foreign trade and to give the economy has mandated a vigorous and result- the necessary step forward. The main oriented tact to achieve India’s national concern of the Act-East Policy (AEP) is the interest in its Eastern neighbourhood. The development of North-East of India. AEP piecemeal methodology is apparently offers an annexation between North-East supplanted by a proactive one to guide the India including the State of Arunachal course with a renewed strength to secure Pradesh and the ASEAN region (“India’s Act concrete results in geo-strategic as well as East”, 2019). geo-economic terms. Contextualised in India’s North-East, the policy has remained Various efforts to expand and reinforce a mere expression; yet the current step connectivity of North-East with the has created a lot of hopefulness among ASEAN region by means of trade, culture, the scholarly community, policy-makers people-to-people contacts and physical and other stakeholders in the region for infrastructure including road, airport, a relook at the policy with a new criterion telecommunication, power, etc. have (Pattnaik, 2015). been going on at both bilateral as well as regional levels. Some of the significant India’s Act-East Policy centres around tasks include Kaladan Multi-modal Transit the extended neighbourhood in the Transport Project, the India-Myanmar- Asia-Pacific region. The policy which was Thailand Trilateral Highway Project, Rhi- initially considered as a financial proposal, Tiddim Road Project, Border Haats, etc. (“VK has achieved political, tactical and cultural Singh enunciates”, 2015). Execution of facets including foundation of institutional these plans is crucial to achieving the goals system for dialogue and collaboration of India’s Act-East Policy. (“Act East Policy”, 2016). India has updated its relations with Southeast Asian Nations 6.2. The Repercussion of the (ASEAN) and formed close bond with all illicit narcotic trade upon the countries in the Asia-Pacific region (“India’s implementation of the Act-East Act East”, 2019). Policy:

The Objective of the Act-East Policy is to North-East India can progress, flourish advance financial participation, social ties and finally prevail over its troubles by and create vital relationship with nations in engaging its eastern foreign neighbours, the Asia-Pacific region through consistent but, there is the ‘Golden Triangle’ which

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is the reason of concern. Illicit drug trade hour to think about the issues and along the Golden Triangle has serious tighten the security of the region, repercussions for the implementation then consider about growth and of the ‘Act-East Policy’ upon India’s development; for there cannot be North-East and its development. The prosperity without security. repercussions have been stated under the India’s Act-East Policy, in spite of the following points (Goswami, 2014): fact that is a vital foreign policy as t 5P TUBSU XJUI  PQFOJOH VQ UP 4PVUI it is both helpful to enhance trade East Asia conveys a two-fold edged and financial relations with East blade. On the one hand, it guarantees Asia, yet it poses a threat because advancement and funds and on the of weak democratic setting and other hand, it welcomes the peril of flourishing anti-national movements rapid dispense of illegal drugs and in the eastern vicinity. With the recent arms. agreement on the Bangladesh, China, India, Myanmar (BCIM) economic t 4FDPOEMZ  XJUIPVU B WJBCMF ESVH corridor blueprint, India’s narcotics control machinery that ensures that trafficking scenario is dangerously illegal traffic is kept at the lowest, the hovering at the moment owing to the unfavourable outcomes of unlawful easy accessibility to the markets in drugs on North-East people could China’s west and south-west regions leave long lasting negative impacts. via North-East Indian borders. Hence, t 5IJSEMZ  *OEJB PVHIU UP CVJME VQ there is every possibility that the institutional mechanisms with China, amount of illicit narcotics would Myanmar and Thailand to counter significantly increase with this new illegal trafficking. Yet, given the network(Sharmah, 2018). present Indo-China connection, it It is pertinent to mention here that the is by all accounts seems to be an Memorandum of Understanding (MOU) implausible idea, henceforth, the signed between India and Myanmar danger persists. in the year 2014 to share information, t -BTU CVU OPU MFBTU  UIF OFX SPVUFT synchronise patrolling across the connecting the North-East with international perimeter, exchange its eastern neighbours offer easy information for fighting rebellion, arms accessibility to traffic huge quantities smuggling and drug trafficking and of illicit narcotics and inflate the kick-off measures for thwarting illegal already existing issues of human cross-border movements (“India and wellbeing and prosperity of society, Myanmar sign Memorandum”,2014), if thus, it is an imperative need of the implemented in genuine sense and spirit,

January-March 2021 | 169 The Indian Police Journal

would guarantee ‘peace, stability and regarding drug trafficking, its analysis security’ across the international border. and broadcasting potential need to be fortified. 7. Conclusion - Suggestions and Recommendations 4. The problem of corruption among the border security forces and various To tackle the issue of drug trafficking organisations concerned needs to be and to defend the nation’s borders tackled in a more realistic manner. On against such infringements, India has the one hand, strict penalties to be employed a mix of measures. On the meted out to those officials involved in one hand, it has enacted stringent anti- drug trafficking activities; on the other drug laws, nominated various voluntary hand, steps to provide appropriate organisations and sought to strengthen reward in the form of incentives to the physical security of its borders by those who work diligently towards various means; on the other hand it preventing the menace should also has been seeking the cooperation of be introduced. its neighbours and other countries through several bilateral and multilateral 5. To determine the degree of the agreements. But these efforts have only problem it is strongly advisable to been partially successful in dealing with maintain a detailed track record of the the problem. manufacture, trade and utilisation of various drugs at the national level. For achieving greater success in preventing drug trafficking, a few 6. Various national laws framed for suggestions are put forth: the control of the illicit narcotics trade ought to be executed rigidly 1. Highest priority ought to be and stricter punishments should be accorded towards prevention of drug provided to drug traders. trafficking. Currently, it forms part of the larger mandate of the border 7. With a view to diverting the farmers guarding forces to avert smuggling from unlawfully cultivating opium and any other prohibited activity. poppy and cannabis, the government Special steps should be planned to should make feasible options available check trafficking of drugs through the to the poor farmers. One such step has borders. been taken up by an Imphal based entrepreneur Mr. RageshKeisham 2. Improved coordination among whose company takes farms on lease various agencies is a necessary step to from marginal farmers, who were thwart away the menace. once illegal cultivators of poppy and 3. Information/intelligence gathered cannabis. These farms are now utilised

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for growing lemongrass (Wangchuk, concerted efforts of both government and 2020). public that this monstrous problem can be contained. 8. It is pertinent to rejuvenate organisations such as the SAARC Drug References Offence Monitoring Desk [SDOMD]. 1. Ambekar A, Agrawal A, Rao R, Mishra AK, Facilities for integrated development Khandelwal SK, Chadda RK on behalf of of workforce involved in prevention the group of investigators for the National of drug trafficking in India and Survey on Extent and Pattern of Substance its neighbouring areas should be Use in India (2019). Magnitude of Substance improved. Use in India. New Delhi: Ministry of Social 9. Better collaboration with neighbours Justice and Empowerment, Government on issues of illicit drug dealing needs of India. to be formed. 2. Act East Policy. (2016). Insights on India. 10. The Act East Policy is to be constantly Retrieved 31 October, 2020 fromhttps:// checked on to ensure that the national www.insightsonindia.com/wp-content/ interest prevails for the benefit of all uploads/2016/12/Act-East-Policy.pdf the collaborators in the region. 3. Chouvy Pierre Arnaud Chouvy. (2010). The complicated assignment of fighting drug Illegal Trades across National Borders of trafficking entails managing infringements of Mainland Southeast Asia.In Le Roux P., national laws, international conventions and Baffie J., Beullier G. (Eds.) Trade in Human also related monetary crimes like corruption, Beings for Sex in Southeast Asia (pp. 305 – tax avoidance, money laundering and crimes 326). White Lotus Press. of aggression, terrorism etc. It is now high 4. Chouvy Pierre Arnaud. (2014, July time to construct a group of devoted officials 25). Drug trafficking in and out of the in the field of narcotics law enforcement who Golden Triangle. Hal Archives. Retrieved are all around trained and equipped with September 23, 2020, from https://hal. updated information combined with related archives-ouvertes.fr/hal-01050968 skills to efficiently battle this threatAbhishek ( Chetal v. Central Bureau of Investigation 5. Criminal -Micellaneous No. 44010 of 2016. and Ors. 2016, para. 27).1To attain this goal, 6. Ganapathi Lakshmi, McFall Allison training programmes should be directed at M, Srikrishnan Aylur K, Kumar all levels so as to upgrade and sharpen the Muniratnam S, Anand Santhanam, Lucas potentialities needed to improve execution Gregory M, Mehta Shruti H, Harris Sion and viability of the faculty associated with K, & Sunil S Solomon. (2019, May). Young drug law enforcement. Hence, it is only with People Who Inject Drugs in India have 1 Criminal -Micellaneous No. 44010 of 2016. High HIV Incidence and Behavioural Risk:

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A Cross-Sectional Study. Journal of the com/news/2019/01/11/myanmar- International Aids Society. 22(5). National cracking-down-on-opium-but-conflicts- Centre for Biotechnology Information. push-drug-trade/ Retrieved 30 October, 2020 from https:// 12. Pattnaik Jajati K. (2016) Look East Policy www.ncbi.nlm.nih.gov/pmc/articles/ and India’s Northeastern Region: Status PMC6530044/ of Cross Border Trade and Connectivity. In 7. Goswami Namrata. (2014, February Das Gurudas, & Thomas C. Joshua (Eds.). 10). Drugs and the Golden Triangle: Look East to Act East Policy: Implications for Renewed Concerns for ’s Northeast. Routledge India. India. Institute of Defence Studies and 13. Pattnaik Jajati K. (2015). Act East through Analyse. Retrieved 01 November, 2020 the North East. Mainstream, 53(16). from https://idsa.in/idsacomments/ Retrieved 31 October, 2020 from http:// DrugsandtheGoldenTriangle_ www.mainstreamweekly.net/article5596. ngoswami_100214 html 8. India’s Act East Policy. (2019). IAS 14. Reddy P.L. Sanjeev, & Reddy P.C. Shekar Abhigyan. Retrieved 31 October, 2020 Reddy. (2007). Peace and Development from https://www.iasabhiyan.com/ in Northeast: a Virtuous Spiral.Mittal -act-east-policy-2/ Publications. 9. Kumar Mukul. (2004, September 28). 15. Sarmah Shambhavi. (2018, July 11). Doctors’ take Drug Trafficking to New Drug Trafficking in India: A neglected Areas in Eastern India. Institute of Peace issue on the rise. Youth Form on Foreign and Conflict Studies. Retrieved 15 Policy. Retrieved September 16, 2020 October, 2020, from http://www.ipcs.org/ from https://yffpindia.wordpress. comm_select.php?articleNo=1512 com/2015/07/11/drug-trafficking-in- 10. Ministry of External Affairs. (2014, May india-a-neglected-issue-on-the-rise/ 10). India and Myanmar sign Memoran- 16. Sharma Tripti (2016). India-Southeast dum of Understanding on Border Coop- Asia Relations: Economic Cooperation to eration. Retrieved 02 November, 2020 Strategic Partnership. Political Discourse, from https://www.mea.gov.in/pressre- 2(1), 63-77. leases.htm?dtl/23315/India+and+Myan- mar+sign+Memorandum+of+Under- 17. Swami, Praveen. (2016, October 15). In standing+on+Border+Cooperation tale of drugs, guns: Reason why end of war might not mean peace for Myanmar. 11. Myanmar cracking down on opium, but The Indian Express. conflicts push drug trade. (2019 January 11). Al Jazeera.com. retrieved September 18. United Nations Office on Drugs and 23, 2020 from https://www.aljazeera. Crime Research-UNODC. (2014, June).

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South-East Asia Opium Survey 2014- Lao http://e-pao.net/GP.asp?src=4..241215. PDR, Myanmar. Retrieved September dec15 17, 2020 from https://www.unodc.org/ 21. Wangchuk Rinchen Norbu. (2020, southeastasiaandpacific October 29). Earning Rs. 8 Crore, Manipur 19. United Nations Office on Drugs and Crime- Man’s Unique Tea Frees Farmers from UNODC. (2019 March) Synthetic Drugs Drugs, Uplifts 2000. The Better India. in East and South-East Asia: Trends and retrieved 02 November, 2020 from https:// Patterns of Amphetamine-type Stimulants www.thebetterindia.com/240777/ and New Psychoactive Substances. Global manipur-cc-tea-lemongrass-tea-health- Smart Report. benefits-order-online-herbal-organic- small-farmers-poppy-cannabis-imphal- 20. V.K. Singh enunciates on Act East Policy. india-nor41/ (2015, December 23). The Sangai Express.

January-March 2021 | 173 Insights into the Role of Police for Implementation of Domestic Violence Act in The Indian Police Journal India @BPRD, MHA BPRD Publication www.bprd.gov.in Dr. Alok Sharma*

ABSTRACT Domestic violence against women is an omnipresent fact to maintain and reinforce women’s subordination. For the last few decades, many women’s groups started movement throughout the world resulting in many initiatives by the international community especially the United Nations resulting in directions to all State parties to the Conventions to take immediate steps to control and eradicate this evil by modifying the existing laws comprehensively or by enacting new laws in this regard. The Protection of Women from Domestic Violence Act, 2005 is the resultant Indian law to address the issue of domestic violence to impart justice and relief to its victims. It has reduced the procedural formalities by providing for an inbuilt mechanism to facilitate the entire system of access to justice. It identifies specific functionaries like the protection officers and service providers whose primary duty is to assist women in accessing reliefs provided under the Act. The Act confers similar responsibilities on Police by specifying their duties and powers in these cases. The present paper deals with the role of Police in the implementation of the Act, their approach and difficulties, and suggestions for improvement. Some data, collected by the author for her Ph.D. research, have been used to highlight the issues.

Keywords: Police, Domestic Violence Act, Implementation, Functionaries, Aggrieved Persons.

Introduction of domestic violence. A number of theories Violence against women is an apparent have been propounded to explain the and irrefutable fact in all the countries causes of domestic violence which has grave irrespective of development. It operates as consequences on health, family and economy a means to maintain and reinforce women’s etc. For the last few decades, there has been subordination. There are various actors and a large increase in the number of domestic factors which play crucial roles in infliction violence cases. Therefore, many women’s

Author’s Intro: * Senior Assistant Professor, Faculty of Law, University of Delhi, Delhi

174 | January-March 2021 Insights into the Role of Police for Implementation of Domestic Violence Act in India groups started movement all over the world machinery of the State. Many reliefs are including India to address and remove this available to the aggrieved person under the evil. Under the pressure of these movements Act and the Magistrate has been put under and gradual awareness about the human various obligation to impart justice speedily. rights issues, the international community The Act primarily authorises the protection especially the United Nations has taken many officers and service providers to play a pivotal initiatives in this regard. role but it also specifies the duties and powers The emphasis in those international of Police in domestic violence cases reported documents was on the fact that women also to them by aggrieved persons viz., affected need to enjoy a life free from violence in women. The present paper deals primarily both public and private spheres. Therefore, with the role of Police in the implementation it was conveyed that all State parties to of the Act. It will analyse the duties and the Conventions took immediate steps to powers conferred on Police under the Act control and eradicate this evil by modifying and the Protection of Women from Domestic the existing laws comprehensively to Violence Rules. 2006 (hereinafter referred as incorporate provisions about removal of ‘the Rules’) and their practical implementation violence against women or enact new laws in to assist aggrieved persons to get justice. In this regard. The United Nations has prepared order to highlight these issues, some data a model legislation and provided it to all have been used here which were collected the State parties to follow it in law making by the author for her Ph.D. research. In this process. Many countries enacted legislations milieu, the present paper deals with the role prohibiting domestic violence and protecting of Police in implementation of the Act, their women from it while taking the responsibility approach and difficulties, and suggestions for for it including India with little variations. improvements.

The Protection of Women from Domestic The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as ‘the Violence Act, 2005 Act’) is that law which is a path-breaking step The Act was passed by parliament in 2005 that recognizes the presence and gravity of unanimously from a new perspective devoid domestic violence and attempts to address it of any patriarchal values. The primary to impart justice and relief to its victims. It has objective of the Act is to prohibit domestic specifically categorized and broadly defined violence and protect women from it. It is a civil ‘domestic violence’ and ‘domestic relationship’ remedy and does not emphasise punishing covering many women. It identifies specific the abuser. The Act reflects a progress functionaries viz., the protection officers and by legally recognising the prevalence of service providers to assist victims. In addition, domestic violence in India and addressing the Act confers similar responsibilities on it as a violation of distinct human rights. It Police, the already existing and functional facilitates the understanding of the grave

January-March 2021 | 175 The Indian Police Journal impact of domestic violence on women’s lives other pending legal proceedings and and tries to heal it. The salient features of the any relief sought under this Act shall Act are as follows: be in addition to other relief that the aggrieved person may seek under those t 5IF"DUJTQSJNBSJMZBDJWJMMBXQSPWJEJOH proceedings.9 remedies in the event of infliction of domestic violence to women but having t *UIBTSFEVDFEUIFQSPDFEVSBMGPSNBMJUJFT one criminal provision to be applicable in thereby making it easier for the victims to the event of breach of protection order. approach the system as it provides for an inbuilt mechanism to facilitate the entire t *UQSPWJEFTBNVDICSPBEFSEFöOJUJPOPG system of access to justice. domestic violence1 that includes physical, sexual, economic, verbal and emotional t 5IF JOCVJMU NFDIBOJTN DPOTJTUT PG UXP abuse in domestic relationships special functionaries viz., the Protection Officers and the Service Providers t *UQSPWJEFTBNVDICSPBEFSEFöOJUJPOPG whose primary duty is to assist women domestic relationships which is based in accessing reliefs provided under the on consanguinity; marriage; through a Act by submitting domestic incident relationship in the nature of marriage; reports and providing other assistance in adoption; and family members living implementing the orders of the court.10 together as joint family. t 5IF SFTQPOTJCJMJUJFT DPOGFSSFE PO UIF t *U TQFDJöDBMMZ SFDPHOJ[FT XPNFOT SJHIU Service Providers are inter alia, to provide to live in violence free homes without for mandatory access of aggrieved any fear of illegal dispossession from the persons to state medical facilities, shelter shared household.2 homes, and legal services centres.11 t *U QSPWJEFT B XJEF SBOHF PG SFNFEJFT t *UJTJODVNCFOUPOUIF.BHJTUSBUFUPBWPJE which were even not recognised earlier by loss of time in trial by following fixed time law. They are protection order3, residence frame for it. order4, monetary relief5, custody order6, t 5IF .BHJTUSBUFT BSF FNQPXFSFE UP DPJO compensation order7, and ex parte and their own special procedure to follow interim orders.8 during the trial of these cases. t "MMUIFTFSFMJFGNBZBMTPCFTPVHIUJOBOZ t 5IF .BHJTUSBUFT BSF FNQPXFSFE UP 1 Section 3. 2 Section 17. decide on the sole testimony of the 3 Section 18. aggrieved person in case they believe it 4 Section 19. 5 Section 20. to be trustworthy and they, if desire, can 6 Section 21. 9 Section 26. 7 Section 22. 10 Section 9. 8 Section 23. 11 Section 10.

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also conduct the proceedings in camera. (d) of her right to free legal services under the Legal Services Authorities Act, 1987 Role of Functionaries under the Act (39 of 1987); The Act in Chapter III has created a comprehensive machinery to ensure the (e) of her right to file a complaint under effective and speedy implementation of Section 498A of the Indian Penal Code (45 its provisions and has appointed many of 1860), wherever relevant: Provided that functionaries to assist the aggrieved persons nothing in this Act shall be construed in in availing the reliefs provided by the Act. any manner as to relieve a Police officer The Police officers, protection officers, from his duty to proceed in accordance with law upon receipt of information as to service providers, and magistrates are the the commission of a cognizable offence.” functionaries appointed under the Act. The Act imposes a common duty on all the Section 5 imposes a duty on all the functionaries to inform the aggrieved persons functionaries under the Act that after receiving of their available rights, reliefs and services the complaint of incident of domestic under Section 5 of the Act which is as follows: violence, they have to inform the aggrieved person of her right to make an application “Section 5. Duties of Police officers, service under the Act for obtaining specified reliefs. providers and Magistrate.— This provision further incumbent upon them A Police officer, Protection Officer, service the responsibility of informing the aggrieved provider or Magistrate who has received person about the availability of services of a complaint of domestic violence or is Service Providers and Protection Officers, otherwise present at the place of an incident right to get free legal aid and right to lodge of domestic violence or when the incident of an FIR under Section 498A Indian Penal domestic violence is reported to him, shall Code, 1860 when the information provided inform the aggrieved person— disclosed commission of that offence. It is a comprehensive provision as it mentions all (a) of her right to make an application for the rights available under the Act in short. obtaining a relief by way of a protection order, an order for monetary relief, Protection Officer:One of the most important a custody order, a residence order, a functionaries who are the backbone of the 12 compensation order or more than one Act is the Protection Officer. The creation such order under this Act; of protection officer is based on the idea that women require more than Police alone (b) of the availability of services of service therefore, a protection officer is needed providers; to enable women to access various social services. The State Govt. shall appoint them (c) of the availability of services of the 12. Section 2(n): “Protection Officer” means an officer appointed by Protection Officers; the State Government under sub-section (1) of section 8.”

January-March 2021 | 177 The Indian Police Journal and they should be preferably women having is complied with and executed; and perform requisite qualifications and experience.13 other duties.”16 They are under control and supervision In addition to these duties, the Rules also of Magistrate and have to perform duties prescribe many duties of protection officer imposed on them by the Magistrate and the including “to provide aggrieved person Govt.14 The Rule lays down the procedure information about her rights; to prepare a for receiving information about commission “Safety Plan”; to inform service providers of domestic violence.15 that their services may be required; to The Act prescribes many duties and functions provide all possible assistance to aggrieved of protection officer. It says that the protection person and her children; to liaise between officer will “assist the Magistrate in the the aggrieved person and others; and to discharge of his functions; submit Domestic protect the aggrieved persons from domestic Incident Report to the Magistrate upon violence.”17 The Rules further prescribe certain receipt of complaint of domestic violence; other duties of protection officer.18 However, make an application to the Magistrate for protection officer is not a Police officer and aggrieved person claiming issuance of a does not have any authority to forcibly seize protection order; ensure that aggrieved any article or take over possession of any person is provided legal aid; maintain a list premises. Further, protection officer cannot of all Service Providers providing legal aid, probe into cognizable offences and is not counselling, shelter homes and medical expected to confiscate weapon(s) involved facilities; make available a safe shelter in domestic violence. The protection officers home if aggrieved person so requires; get can be penalized for failing/refusing to the aggrieved person medically examined; discharge their duties19 with a proviso that ensure that order for monetary relief u/s 20 prior sanction of State Govt. is required.20

13 Section 8 and Rule 3: “Qualifications and experience of Protection Service Provider: Service Provider,21 Officers.- (1) The Protection Officers appointed by the State Government may be of the Government or members of non- generally NGO, is another wonderful creation governmental organizations: Provided that preference shall be given to women; (2) Every person appointed as Protection Officer under the Act shall have at least three years experience 16 Section 9(1). in social sector; (3) The tenure of a Protection Officer shall be a 17 Rule 8. minimum period of three years; (4) The State Government shall provide necessary office assistance to the Protection Officer for 18 Rule 10: “The Protection Officer, if directed to do so in writing, the efficient discharge of his or her functions under the Act and by the Magistrate shall- conduct a home visit of the shared these rules.” household premises and make preliminary enquiry if the court requires clarification, in regard to granting ex-parte interim 14 Section 9(2). relief to the aggrieved person; after making appropriate inquiry, 15 Rule 4: “Information to Protection Officers.- (1) Any person who file a report on the emoluments, assets, bank accounts or any has reason to believe that an act of domestic violence has been, other documents; restore the possession of the personal effects or is being, or is likely to be committed may give information including gifts and jewellery of the aggrieved person and the about it to the Protection Officer having jurisdiction in the area shared household to the aggrieved person; assist the aggrieved either orally or in writing; (2) In case the information is given to person to regain custody of children and secure rights to visit the Protection Officer under sub-rule (1) orally, he or she shall them under his supervision; assist the court in enforcement of cause it to be reduced to in writing and shall ensure that the same orders in the proceedings under the Act; take the assistance of is signed by the person giving such information and in case the the Police in confiscating any weapon involved in the alleged D.V.” information is not in a position to furnish written information the 19 Section 33. Protection Officer shall satisfy and keep a record of the identity of the person giving such information; (3) The Protection Officer 20 Section 34. shall give a copy of the information recorded by him immediately 21 Section 2(r): “service provider means an entity registered under to the informant free of cost.” sub-section (1) of section 10.”

178 | January-March 2021 Insights into the Role of Police for Implementation of Domestic Violence Act in India and additional functionary to aid and Apparently, there is not much role assigned assist the protection officer and aggrieved to the Police officials under the Act but on person. “A voluntary association registered analysing the Act, it is clear that the role of under Societies Registration Act; a company Police is specified in many provisions of the registered under Companies Act or any Act and the Rules. The victims of domestic organization whose objective is protecting violence are unaware about the availability the rights and interests of women by any of other functionaries under the Act or even lawful means including providing of legal about the Act itself. As Police are existing aid, medical, financial or other assistance and known functionaries of the State, a can be appointed by the State Govt. as a large majority of victims approach the Police service provider for the purposes of this stations to file their complaints. From this very Act.”22 The Rules provide detailed guidelines stage, the role and functions of Police begin. and requirements for their registration.23 Firstly, if the information reveals commission The Act prescribe their duties and powers of any cognizable offence like grievous hurt, to record Domestic Incident Report; to get dowry death, cruelty under Section 498A then the aggrieved person medically examined; Police have to perform their normal duties and to provide shelter in shelter homes.24 under Code of Criminal Procedure, 1973 and Further, Counsellors25 shall also be appointed take appropriate action of investigation, arrest from these organizations for reconciliation etc.26 Secondly, they have to tell the victim between the parties. about her rights and reliefs viz., protection Role of Police Officials under the Act order, order for monetary relief, custody The role of a Police officer in society is not only order, residence order, compensation order to arrest the abuser but also to behave like a or more than one such order available under social worker, counsellor, guide and mentor. the Act. Thirdly, they can refer the victim to

22 Section 10(1) of the Act and Rule 11(1). the Service Providers, a special functionary 23 Rule 11(3): “Every association or company seeking registration under the Act, for recording of Domestic under sub-section (1) of section 10 shall possess the following eligibility criteria, namely:- (a) It should have been rendering Incident Report and further actions. Fourthly, the kind of services it is offering under the Act for at least three years before the date of application for registration under the they can refer the victim to the Protection Act and these rules as a service provider; (b) In case an applicant for registration is running a medical facility, or a psychiatric Officer, another special functionary under the counseling centre, or a vocational training institution, the 27 State Government shall ensure that the applicant fulfils the Act, to do the same. requirements for running such a facility or institution laid down by the respective regulatory authorities regulating the respective professions or institutions; (c) In case an applicant for registration Fifthly, they must inform victim of her right is running a shelter home, the State Government shall, through an officer or any authority or agency authorized by it, inspect to get free legal services under Section 12(c) the shelter home, prepare a report and record its finding on the 28 report, detailing that- (i) the maximum capacity of such shelter of the Legal Services Authorities Act, 1987. home for intake of persons seeking shelter; (ii) the place is secure Sixthly, they must take cognizance of any for running a shelter home for women and that adequate security arrangements can be put in place for the shelter home; (iii) the breach of Protection Order, arrest the violator shelter home has a record of maintaining a functional telephone connection or other communication media for the use of the inmates.” 26 Section 5 and Section 36. 24 Section 10(2). 27 Section 5. 25 Rule 2 (c). 28 Section 5.

January-March 2021 | 179 The Indian Police Journal and file a charge sheet in the court in this her study in Police stations as per judicial context.29 Seventhly, they have to comply with division. Being geographically large area so all the orders issued by the court requiring for this stratum, the cluster sampling32 and their assistance30 and lastly, Police are entitled more specifically area sampling33 was used to get the copies of all the documents filed for initial clusters i.e., primary sampling units by various functionaries under the Act and also copies of all orders passed by the court were all the eleven judicial districtshaving 177 so that they must be aware regarding the Police stations in all and secondary sampling progress of the cases.31Therefore, despite the units were Police stations in each district Act being civil legislation but still Police have selected by simple proportionate random many duties and powers under the Act. sampling method.34As size of sample is not Role of Police Officials under the Act: a guarantee of its representative character Empirical Aspect as relatively small samples properly selected The empirical study generally provides the may be more reliable than large samples authenticity to the analysis and the outcome improperly selected. In sampling, every item of any issue. The data used in the present in the universe must have the same chance research paper has been collected by the for inclusion in sample.35The total number of author during her Ph.D. research to find out proper implementation of the Act in NCT Delhi samples/ participants who were interviewed which included the Police Officials of various was 130 which was divided in seven Police stations from all the Judicial Districts categories out of which the Police Officials of Delhi who assisted such implementation were 30 in number.The detail of the sample amongst other functionaries. The present for the study is given below: analysis by using that data can show the role 32 “Cluster sampling implies dividing population into clusters or groups and drawing random sample either from all clusters or of Police in implementing the Act practically. selected clusters. This method is used when (a) cluster criteria are significant for the study, and (b) economic considerations are It is very interesting to note that NCT Delhi significant.” Ahuja, Ram, “Research Methods,” Rawat Publications, has been divided in Judicial Districts in one 2012 at p. 173. 33 “Area samplingis quite close to cluster sampling and is often way and Police/Administrative Districts in talked about when the total geographical area of interest happens to be big one. Under area sampling first divide the total area into the other way, not only in numbers but also a number of smaller non-overlapping areas, generally called geographical clusters, then a number of these smaller areas are in locations. One Police station is covered randomly selected, and all units in these small areas are included in the sample.” Kothari, C.R., “Research Methodology, Methods in one judicial district but at the same time and Techniques,” New Age International Publishers, 2005 at p. 16. 34 “Proportionate sampling is one in which the sample unit is covered under another administrative proportionate to the size of the sampling unit. As the number of Police stations varies in different districts so researcher has district. However, researcher has conducted selected the number of Police stations in one district in proportion to the total number of Police station in the said district by simple 29 Section 31 and Section 32. random sampling method thereby it becomes proportionate 30 Sections 24 and 20(4); Sections 19 (5) and 19 (7). random sampling method.” 31 Section 9 (1) (b) of the Act and Rule 5 (1); Sections 9 (1) (f) and 10 35 Singh, Y.K. and Bajpai, R.B., “Research Methodology: Techniques (2) (c); Sections 9 (1) (g) and 10 (2) (b). and Trends,”APH Publishing Corporation, New Delhi, 2008 at pp. 151-152.

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Table-1: Particulars and Number of Samples of their role under the Act, they gave different responses. S. No. Particulars of the Number Sample of Figure-1: Roleof Police Officials under the Act Samples 1. Magistrate 21 2. Protection Officer 18 3. Service Provider 20 4. Police Official 30 5. Aggrieved Person 30 6. Government Official 01 7. Advocate 10 Total 130

The Police officials were selected mainly from the cadre of sub-inspector who dealt with these cases in daily routine to Majority of them stated that they were saviour find out their approach and difficulties of aggrieved person (61.68%) and they while dealing with domestic violence referred the matter to the protection officers cases and its victims. Initially, some of the (26.66%) because in such cases relationships officers were reluctant to talk but later on were involved and Police interference would majority of them gave their opinion about complicate the matter. The other responses the issues involved. It appeared that most were that they had power to punish (6.66%) of them were under the belief that they and had no role at all under the Act (5%). had no role to play under the Act. Some However, few respondents also mentioned officers informed about the absence of that they referred the matter to mediator/ any such case with them or in that Police counsellor. It means they are conditioned in station or that they referred those matters their role of protector of people and they take to CAW Cells/Mediation Cells/Protection action in requisite conditions. Officers as they were the right fora for On asking what they did upon receipt of those cases. information as to commission of a cognizable The number of male Police officials was offence during commission of domestic higher than that of female officials. All violence,36 the majority of them, 66.67% of them received training after their replied that they immediately registered recruitment and almost all attended in- an FIR, 26.67% said that they did some service refresher courses to update them preliminary inquiry about commission of regarding the existing and new laws and the offence and 6.66% accepted for sending to sensitise themselves about women aggrieved person to the protection officer and their issues. About their perception 36 Proviso to Section 5.

January-March 2021 | 181 The Indian Police Journal and also to CAW Cell. It shows that generally The Police officials are entitled to get copies Police officials follow the procedure and of various documents submitted by different record FIR immediately in such cases. functionaries under the Act but rarely do they get any such copies from the protection On asking whether they registered a case officers or service providers except the upon receipt of information as to the orders of magistrate to them, clearly commission of a non-cognizable offence, reflecting the lack of coordination from almost all of them (93.33%) replied in the different functionaries as required by the Act. negative as they are not required to do the Sixty percent Police official accepted that same. On asking the reason, majority of mandatory counselling saved family from respondents accepted that on socio-cultural breaking thus highlighting the approach to factors, they did not immediately initiate protect the institution of marriage. legal proceedings against accused persons (65.36%) followed by they tried to resolve the The Police provide immediate assistance dispute through informal mechanisms as it to other functionaries if they ask for it in was helpful in these cases (26.79%) and lastly emergency situations of commission or disposed them of as minor disputes between likelihood of commission of domestic husband and wife (7.85%) leading to the violence against aggrieved person.37 The conclusion that they want to protect the Police officials are duty bound to accompany institution of marriage by settling the issues the other functionaries to save the aggrieved between husband and wife. person which they follow however, there is a Figure-2: Reason for non-action by Police lack of cooperation and coordination among Officials in Non-Cognizable Offences different functionaries. Section 31 is the relevant provision for a breach of protection order/interim protection order as it is an offence under the Act and punishable with imprisonment or with fine or with both. Rule 15 deals comprehensively with the breach of protection orders. Interestingly, majority of the Police Officials38 refused to receive any such complaints from the aggrieved persons. Out of those who got such complaints, majority of Police officials accepted that they arrested abuser for such breach as required,followed by rescuing her with the assistance of the protection officer.39 37 Rule 9. 38 Rule 15 (4). 39 Rule 15 (5).

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Figure-3: Action by Police Officials for Problems Encountered by the Police Breach of Protection Order It is a glaring reality that Police have to face many genuine problems during performance of their duties. General perception is that Police face no problems and if they want to help, they can do that but sometimes Police also have certain limitations. Many reports and recommendations of various committees highlighted this fact. As far as performance of Police in the implementation of the Act is concerned, they also have to face various problems during investigation and trial of these cases. Some of these problems have been enumerated here.

Suggestions Provided by Police Officials Firstly, there is a lack of Police staff and The Police officials gave many suggestions facilities in the Police stations including a including requirement of clarity in the lack of even sufficient vehicles to approach definitions and other provisions of the people in need. There is grave insufficiency of Act to make it more specific, precise, clear Police staff to deal with such cases effectively and not in contradiction with other laws; and due to this reason, they are already criminalising the Act more to be really overburdened with various other criminal effective; enhancement of penalty for breach cases having no time to spend on these of protection order or interim protection cases which are equally important. Secondly, order u/s 31 of the Act; shorten the process as maintenance of law and order and to get justice; making it a gender neutral law; investigation of cases are done by the same prevention of misuse of the Act by taking penal officials, they cannot conduct investigation action against misusers; grant of immediate properly due to variety of works. relief; unorganized implementation of Thirdly, it is problematic to deal with the the Act by the authorities;untrained victims as when they inform them about their functionaries;complete lack of coordination rights under the Act, they think that Police among different functionaries under the do not want to work on their complaints Act; unawareness among people about the as Police refer them to protection officers/ Act; change of mindset of stakeholders; and mediation cells etc. Moreover, being a family mandatory counselling in all cases as there is matter about relationships Police cannot a high probability of reconciliation there. All satisfy both the parties and whichever party is the suggestions are very pertinent and useful dissatisfied alleges that Police are corrupt etc. for better implementation of Act. and implicates the Police itself in a number

January-March 2021 | 183 The Indian Police Journal of cases. Fourthly, lack of periodic trainings considering it as a family matter. by the experts in the field to provide quality Lack of empathy and sensitization towards information and knowledge about the Act aggrieved persons is the other concern. They and even if trainings have been conducted by believe that most of the aggrieved persons the department, they are almost negligible are misusing the Act for various reasons as and thereby ineffective. they do not have any interest in filing FIRs Gaps on the part of Police rather they consider it to be a quick way of The Police have many genuine problems but seeking divorce; settlement in terms of they are not free from any blames. It is another money;to settle property dispute; to invoke reality that there is a lack of faith of aggrieved property rights; to settle a personal score; high persons in the integrity of Police. The temperament of women; misguidance by the Police officials generally do not investigate parental family and parental interference; themselves the cases involving the issue of having misconceptions that it would reform domestic violence and mostly, they refer the husband; to dominate the marital family; these matters to CAW Cells/Mediation Cells/ and media attention. Of course, there can be Protection Officers due to the perception that some such cases but not many. these are the appropriate for a as they have Suggestions for Effective Role of Police no role to play under the Act. The Police are the only agency available at all There is another issue which is the mindset times without official cost to begin with and of the Police officials that domestic violence also constitutionally bound to protect women is a private affair in which they cannot play from domestic violence. But as compared to any role. The Police disposed of these cases the work they do their number is very less and as minor disputes between husband and wife they are heavily overburdened. Therefore, by not registering any report of them and at more Police officials are to be recruited the most they sent them to the protection immediately so that workload would be officer. Clearly Police do not want to take any distributed and they can concentrate and deal action in such cases by considering them as with these cases in a better way. Further, they family matters not to be interfered with. do not have even basic requisites therefore, facilities must be provided for them to take The Police hardly inform the aggrieved appropriate action as per the situation. The persons about their various available rights long-awaited reform is immediately required under the Act and refer them to protection that maintenance of law and order should officers for this purpose.It is a common be separated from investigation of cases. concern that Police implement orders and Only then can investigation be conducted register cases for breach of protection order properly. only after receiving courts’ order otherwise they do not entertain such applications. The effective implementation of the Act Generally, Police do not arrest the violator would depend on the proper training of the

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Police under the Act. But it is quite unfortunate to tell male Police. All Police stations should that despite being specifically provided in the have a Women Helpline for distress calls from Act40 generally no proper trainings have been women and children. These Helpline centres conducted for them resulting in unawareness should have counselling facilities staffed by about the provisions and issues in the Act. the professional counsellors. There must be conduction of compulsory Special legal aid cells should be established trainings for Police to make them more aware in all Police stations to provide free legal and sensitive towards women related issues; assistance to the aggrieved persons the provisions of the Act; their roles and immediately and they can be prevented functions; and need to cooperate with other from clutches of the unscrupulous lawyers. functionaries under the Act. However, single Moreover, few lady sub must be training is not enough thus, as prescribed specifically assigned to take care of these by the Act, periodic training and refresher matters coupled with other women issues. courses, seminars and conferences must be Police must be specially trained to deal organized to convey new developments. with women in a respectful and courteous Sensitization programmes must be organized manner; for handling delicate issues carefully for them to make them more receptive in and conscientiously; to improve their image handling such cases and it must be good and and instil confidence in people regarding the relevant training by the experts in the field. Police; to be sensitized to treat such cases Police should be made accountable to be seriously; and for handling such cases with more responsible. They themselves should promptness and carefulness. prevent any commission of domestic violence There should be sufficient number of after getting any complaint in this regard and dedicated and highly educated protection arrest the violator of protection orders being officers e.g. at least one in one or two Police only cognizable and non-bailable offence stations and service providers to perform under the Act. their requisite functions so that Police officials For effective implementation of the Act, the need not be overburdened with these Lady Police should deal with these types functions. Some of these functions are getting of cases so that aggrieved persons can be the aggrieved person medically examined or comfortable with them and explain all their sending her to the shelter homes or guiding grievances to them.It is also advisable to her for getting rights and reliefs under the Act establish some all-women Police stations etc. Further, Police officials shall have more especially in the underdeveloped areas to time to do other requisites under the Act with make it easier for women to approach them. In efficiency. Presently, there is a complete lack those Police stations, women can discuss their of coordination among different functionaries problems, which they would have hesitated under the Act. Therefore, the urgent need of 40 Section 11 (b). the hour is to improve the interaction and

January-March 2021 | 185 The Indian Police Journal coordination between them to implement But the question arises as to why they behave the law in true sense. in a particular manner when it comes to the issue of implementation of the Act. The In addition to these functionaries, in each answer can be that there are some genuine Police station one female Head Constable is problems but some issues of mindset also to be appointed as the contact person only create problems while performing their for the aggrieved persons as Police station duties under the Act. The large majority of is the first place where they can reach easily. Police officials treated domestic violence as Such staff would coordinate between the a family matter and did not want to interfere Protection Officer and the aggrieved persons in it. Some of them opined that elders of the in filing cases etc. and in the meantime family could control it by supporting their provide all possible immediate help to them. ‘Bahu’ (daughter-in-law). It may be due to the If needed, she can be assisted by one male fact that earlier the family was considered constable to specifically perform this task. to be distinct and separate from law and its Conclusion entry was prohibited in the domain of family. The role of Police has become very pertinent Therefore, the Police officials are conditioned in the context that the implementation of the in that perception and continue with it by Act is inconsistent across the country. Further, upholding the institution of marriage and the absence of Protection Officers and family. service providers even if they are available, The Act has expressly provided that the unawareness about them and negligible state- concerned Governments should provide provided infrastructure make the aggrieved periodic trainings to the Police officials in persons heavily dependent on the Police. It order to sensitize them regarding the issues also increases responsibility on the shoulders related to the women in general and about of our Police officials who are already very the Act in particular. But the Government overburdened. Here comes the issue as to has not been providing any periodic training. how to balance these responsibilities. The Further, most of the Police officials did not Police official had already proved many a know about the various provisions of the Act time that they can perform certain duties in under the belief that it was to be taken care the best way even if they are not supposed of by the protection officers and the Courts. A to perform that. The recent example is their proper and special training should be given to behaviour, courage and sensitivity during them so that they can have proper knowledge the lockdown period in the country and of the Act to effectively implement it. afterwards during the whole pandemic of COVID 19. All of us have witnessed those The Police officials are not trained enough to activities and humanitarian face of the Police deal with the kind of violence inflicted upon leading to the only conclusion that they are women. It is true that Police also have not been saviours of people in need. provided with any special training to deal with

186 | January-March 2021 Insights into the Role of Police for Implementation of Domestic Violence Act in India these cases. Further, they think that it is the should deal with women in a respectful and responsibility of only protection officers to courteous manner and try to console them deal with these cases. The apathetic approach during their difficult times. We know that the of the Police aggravates the sufferings of the Police personnel can do it as they have done aggrieved persons and creates major hurdles during the lockdown period in the country. in getting timely and required justice to We hope to see the same humanitarian and them. The Act has suggested a new role for compassionate face of Police while dealing Police as the saviour of victim but as they are with the aggrieved persons under the Act. not specifically trained, they perceived their Reference roles as imposing punishments only.

It is apt to say that the Police should perform Primary Source the role which has been assigned by the Act The Protection of Women from Domestic to them that is of saviour of the aggrieved Violence Act, 2005 persons. However, this fact cannot be ignored that Police are facing many real issues like The Protection of Women from Domestic insufficiency of Police personnel, heavily Violence Rules, 2006 overburdened, clubbing of functions of Secondary Source investigation and maintenance of law and order, lack of proper training etc. Therefore, it Ahuja, Ram (2012), “Research Methods,”Rawat is difficult for them to perform the complete Publications. expected role under the Act but at the same Kothari, C.R. (2005), “Research Methodology, time they must change their mindset with Methods and Techniques,” New Age reference to the aggrieved persons under International Publishers. the Act and help and guide them as much as possible for them and then refer them to Singh, Y.K. and Bajpai, R.B. (2008), “Research other functionaries like protection officers Methodology: Techniques and Trends,” APH under the Act for whatever is necessary. They Publishing Corporation, New Delhi.

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