The Indian Police Journal The Indian Police Journal Vol lXI. No. 2 ISSN 0537-2429 Oct-Dec, 2013 IPJ Oct-Dec, 2013 Vol. LXI No. 4 EDITORIAL BOARD CONTENTS Editorial 2 Shri Rajan Gupta, IPS 1. Let us First Reform Ourselves Part-II R.C. Mohanty 4 DG, BPR&D 2. Genesis and Growth of Terrorism Chairman Professor S.K. Jha 14 3. The Trio : Terrorism, Media and Fear Sharon P Thomas, Dr. M. Priyamvadha 35 Shri Radhakrishnan Kini, IPS 4. The Unlawful Activities (Prevention) Amendment ADG, BPR&D act, 2008 and Its Loopholes Caesar Roy 47 Member 5. Right to Information Act-A Tool of Management & Good Governance P.S. Bawa, IPS (Retd.) 59 Smt. Nirmal Kaur, IPS 6. Study of Victims in Crime News in the Newspaper IG/Director (SU) Dr. Lata Sharma1 70 7. Criminal Investigation Member Tushar Gupta 87 8. Woman, Crime and Victims Dr. R. Dhakshina murthy 116 Shri Sunil Kapur 9. Sexual Offences Against Women: With Special DIG/DD (SU) reference to Term Consent Under the Law of Rape A. Velan Piyush Khanna 126 Member 10. Rape Victims and Major Offenders in India: An Empirical Study Dr. Kuldip S. Chikkara & Anand S. Kodan 139 Editor 11. Crimes Against Women in Chandigarh Kuldeep Singh, Kaveri Tandon 149 Gopal K.N. Chowdhary 12. Jurisprudence of Child Care & Protection Dr. K.P. Singh, IPS Chitrangada Singh 163 13. Observatory Homes for Juvenile Delinquents: Institutions of Behavioural Correction or Exploitation? Suchet Kumar 190 14. Police Trainees & Stress: A Study With Special Reference to Kerala Armed Police Battalion Suraj Kushe Shekhar Siby Joseph K 207 15. Work Stress in Police Personnel The Role of Job Hierarchy and Job Tenure Abhay Pratap Singh & Sushma Pandey 216 16. Objectifying the Subjectivity in Polygraph Examination Procedure in context of Personality Patterns Dr. Aruna Mishra, Devinder Singh Dr. Himakshi Bhardwaj 236 17. Book Review Dr. C. Sheela Reddy 243 The Indian Police Journal ............................................. .............................................. ................................................. .............................................. laikndh; .............. nternal and external security both share an inclusive and intrinsic relationship in the sense that both influence each other and are shaped by their interaction. It Iis the contours of Internal Security that lead to the building up a strong and pro- active External Security and vice-versa. In the larger context, it is the cause and effect of the interplay of domestic and foreign policy shaping the nature of internal and external security. However, the emergence of terrorism has made this interdependent dynamic relationship more complex and problematic. The cross-border and international dimension that the terrorism has acquired over the time has transcended or rather further blurred the division between the internal and external security. It has forced the states across the world to integrate these two security environs into mere cohesive way. Resultantly a State cannot successfully ensure a secured internal and external security environment without integrating both as one and putting premier on both. Terrorism has made it mere imperative now-a-days. In this issue of Indian Police Journal, we have discussed some of the issues related with terrorism and its fallout. The paper, “Genesis and Growth of Terrorism by Professor S.K. Jha, discusses as to how the media, corruption and weak internal security policy helps terrorism in spreading its inhuman and nefarious tentacles. “In carrying out terrorists operation, the terrorists are inadvertently helped by the media. The desired amount of terror is produced by T.V. coverage, news broadcast and headlines coverage by newspapers and periodicals, media by producing the necessary effects become a partner of terrorism”. Prof.Jha further avers that corruption acts as force multiplier of the terrorism. “One of the most important reasons for the spread of terrorism is corruption which has made India a republic of scandals. It is eating into the vitals of the state, enfeebling internal security and corrupting foreign policy.” Sharon P Thomas and Dr. M. Priyamvadha, in their paper, “the Trio: Terrorism, Media and Fear” maintain that the terrorist organisation provides media with sensational /entertaining news and the media in turn give popularity to their atrocious acts. The modern terrorism aims at influencing an audience beyond the direct victim, and they plan their attack to obtain the maximum publicity through media. Studies and researches have proved ‘a symbiotic relationship’ existing between the terrorist and the media. This manifests in its most cynical form wherein the image is 2 October-December, 2013 The Indian Police Journal of terrorists using the media as conduit for their messages and the media using the terrorist for dramatic stories. This mutual relationship is reinforced and sustained by the modern terrorism and modern media enjoying a ‘give and take’ policy for their survival and their interdependency on each other. The two sides appreciate this interdependency as they know this “Policy” is predominant ordinance of the unwritten mutual agreement they enjoy, add the authors. The terrorism and its counter policy have thrown a policy conundrum before the state having direct bearings on the liberty and freedom of the citizens. The modern terrorist have pitched in this confusion by intensifying their attacks on the civilians: more attack, more stringent anti-terror law and measures leading to more curb and infringement of the rights, liberty and freedom. Shri Ceaser Roy, in his paper, “The Unlawful Activities (Prevention ) Amendment Act, 2008, and its Loopholes” tackles this problem through case study of various Acts such POTA, TADA and amendments in the Unlawful Activities is (Prevention) Act, 1967 in 2008. The paper comes to conclusion that the new amendment lacks any new ideas about how to tackle terrorism “This amendment Act, 2008 merely borrows provisions from the previous anti- terror laws, rather than offering a new approach in spite of the past failures of stringent anti-rights laws to curb terrorist attacks.” Shri P.S. Bawa, IPS(Retd.), in his paper titled, “Right to Information Act – A tool of Management and Good Governance” vouches for the good governance approach to the secured internal security and better policing. “--RTI Act has the potential to bring about the required change in the system of administration by shedding the cloak of the official Secret Act and getting under the obligation to do certain things that are generally ignored ----------. The Right to Information Act can also be taken to be the “ Right to Good Governance .---- This would usher in an era of transparency, integrity, accountability and effectiveness. Right to information is thus converted into a right to good governance and duty to do so.” However, the grim reality of how media inadvertently becoming a partner in the terrorism and internal security fault lines is further authenticated by the study undertaken by Dr.Lata Sharma, in her paper: “Study of Victims in Crime News in the Newspapers”. Through content analysis of few national and regional newspapers, the study comes to conclusion that ‘Media generally high-lights the big crime events or sensational or dramatic act of criminality, and present victims, whether be it a women, a child or for the matter State or government in biased language’ and narratives. Other papers such as ‘Criminal Investigation’, ‘Police Trainees and Stress: a Study with Reference to Kerala Police’, ‘Work Stress in Police Personnel: the Role of Job Hierarchy and Job Tenure’, ‘Objectifying the Subjectivity in Polygraph Examination procedure in context of Personality Patterns’ further elaborate directly or indirectly the theme of terrorism, internal security and policing. (Gopal K.N. Chowdhary) Editor October-December, 2013 3 Let us First Reform Ourselves Part-II R.C. Mohanty* Keywords Reform, Internal Reform, Independence, Autonomy, Rule of Law, Colonial Act, NPA, IPS. Abstract The argument that police is not independent and has to take orders from the politicians in power does not explain the utter subservience it resorts to. It is true police is not functionally independent and there is need for systemic change to ward off external interference. But it does not mean that it can bend the law under pressure. Law is the real master of the law-enforcing agencies and any interference in the course of its enforcement must be resisted with courage. After all, what can a powerful politician do to the officer on the right side of law? All that he can is a transfer to an unwanted post at an unwanted place. Article 311 of The Constitution ensures that he cannot be removed from the service. Should it not provide enough protection to a righteous officer to act as an agent of law and not as an agent of a politician? e have been declaring from the roof top at every conceivable Wopportunity that we are the largest democracy in the world. Of course, we are, and our growing population has indubitably secured this distinction for us, though it might be in form and not in substance. But nobody took democracy as a panacea for all the problems that the people faced. It is not easy to end poverty and exploitation overnight or, maybe, at all. It may lead to criminalisation Author Intro : * IPS (Retd.) Former DGP, Orrisa. 4 October-December, 2013 The Indian Police Journal of politics and emergence of gangsters as political leaders and rulers. It may encourage dynastic succession at all levels of the ruling hierarchy. Is it not happening through democratic process? Perhaps such aberrations take place in the course of maturing of a democracy. We have to wait with hope for a millennium, if necessary, for its full flowering. But why should building up democratic institutions and traditions take time? I shall confine my discussion to one institution only---the police to which I have given nearly four decades of my active life. Stop Abuse of Power of Arrest Personal liberty is the most cherished value in a democracy.