by Police - Bureau of Police Research and Development

The Indian Police JournalIn this context it would be pertinent to discuss Shri Umesh Sharraf, IPS, and JMD,APTRANSCO, Hyderabad, paper ‘Resolution of Civil Disputes by Police’ which indirectlydelivers the message to police and internal security establishment to go for internal reformor self-reform, by taking initiatives such as Shri Sharraf took in making ‘System orientedeffort to resolve civil disputes’ when he was Commissioner of Police in Vijayawada in 2004,to provide an effective pre-litigation conflicts resolution. Even though most of the PoliceManuals and Rules prevent the police from taking a pro-active role in settlement of disputes,Shri Sharraf mooted a civil disputes resolution mechanism ‘to remove mismatch betweenthe pressure of the community’s expectation and the conventional limits placed on the policerole’. What is innovative rather path-breaking about this mechanism that it ‘could be set upin all units, to provide quick and effective resolution of the long-pending need of the citizensand generate immense goodwill for the police in the public’.Lately, cybercrime has become a challenge for the policing and internal security. It isimpinging on over all security scenario of the country, as terrorists and petty criminals arechipping in cyber crime, posing a severe challenge. Keeping this in mind, we have featuredtwo papers on cyber crime and related issues.The paper ‘An Approach to Formalizing the Technical Investigation of Cyber Crime within LawEnforcement’ by Prof. R. Thilaga Raj, HOD, Criminology Department, University of Madras,Chennai, discusses the transnational scenario associated with cyber crime and the rapidgrowth of cyber criminality likely to occur. “The perception of cyber crime investigationfocusing on Indian Law enforcement perspective are introduced by taking into considerationthe following stages of initiation (such as) assessment, risks, impact, planning tools, trainingaction and outcome so as to enable a structured approach in conducting a rigorous approachto cyber crime investigation’.The other paper “Cyber Crime and its Protection in India” by Dr. Sukhvinder Singh Dari,Assistant Professor with Symbiosis Law School, explores the importance of Cyber Lawin India and how cyber crimes are dealt with under IT Act, with focus on laws that are inoperation in some countries and need to change provisions of the existing laws.It would be rather an act of omission if the paper titled as ‘Fire in Forest: Tackling MaoistMenace’ by Dr. S.P. Singh, Police Commissioner of Mumbai is not discussed. Dr. Singhprovides a holistic strategy and tactics to tackle Maoist menace, which is based on wellcoordinatedapproach and unconventional measures. Among other things, Dr. Singhprovides a framework whereby the tribal and backward populace of the affected areascould have direct participation in the management of forest and forest-based economicactivities, and other development projects, through Gram Sabha and Panchyats. Hevouches for the change in surrender policy, cutting the source of the funds, breakingthe terrain barriers and mastering the terrain, use of technology, intelligence basedoperations, etc.(Gopal K.N. Chowdhary)EditorJanuary - March, 20133

Let Us First ReformOurselves(PART-I)R.C. Mohanty, IPS*KeywordsReform, Police Reform, New Police Commission, Democratic Police, Common Policy,Model Indian Police Act, Police Act, 1861, Colonial System.AbstractThe sincerity of the political leaders ruling the country in implementing policereforms is comparable to their sincerity in unearthing black money stashedin foreign banks: go on making endless speeches and do nothing. After adecade of Government inaction in implementing the recommendations ofthe NPC, two desperate retired DsGP sought salvation through the SupremeCourt way. This was hardly a matter for the Court to decide, but the Courthad of late assumed a new role of making up for the inadequacies of theExecutive in the guise of PIL as it has been already doing for the Legislature.One wonders what the proactive Court was doing during the Emergency touphold the Rule of Law - holding that even citizen’s Right to Life remainssuspended during Emergency! The bureaucracy and the police “knelt” whenasked only to “bend” as they had no statutory protection, but why did theJudiciary, with all its independence intact and with the mighty ContemptLaw in force, choose to go down on its knees?THERE has been a clamour for police reforms in our country sinceIndependence, or perhaps earlier. During the long course of ournon-violent movement for freedom, the leaders constantly facedviolent suppression of their peaceful agitation at the hands of the BritishIndian Police. In one such incident, a national leader of the stature ofLala Lajpat Rai was brutally beaten up, causing his death. I am notmaking mention of Jallianwala Bagh massacre, a genocide comparableto Hitler’s burning of the Jews in the gas chamber, as it was a BritishAuthor Intro. :* Ex-DGP, Orissa and Ex-Member, Orissa Public Service Commission.4 January - March, 2013

The Indian Police JournalIndian Army operation, not police action. The present generation ofIndian youth would not be in a position to comprehend the extent ofthe savagery indulged in by the British Raj to hold on to their empirejust by reading history. The distance of time has blurred the vision.But a picture like Sir Attenborough’s Gandhi has recreated some ofthe scenes vividly. Just watch the scene of batches of satyagrahisadvancing in the Dandi March to be beaten up brutally by the police.one would expect Indian policemen to rise in revolt and refuse to lathichargepeaceful processions. Of course, it did not happen at any stageof the freedom struggle. The Indian Police served their British masters,not the people of India. The pity is that the masters belonged to thecountry that was the cradle of democracy, jealously guarding the rightsof the people - of course, their people, not the colonial natives. Thequestion that I would ask later is: Is the Police of Free India anywaydifferent?Steel Frame Bureaucaray & Colonial PoliceIt was but natural that the leaders of Freedom Movement, victimsof many atrocities committed on them by the police, wanted anoverhauling of the organization as soon as they acquired power. Therewas even talk of completely disbanding it and starting a new systemwith a view to achieving a complete break with the unsavoury past.needed a police service wedded to the philosophy of sovereignty of existing system in maintaining their own dispensation. There will beagitations by the opponents of the rulers in a democracy, more thanin the colonial regime. If the police acts according to law and notaccording to the dictates of the rulers, how could they hold on topower?The Nehru-Patel era was the most propitious period for ushering in proven statesmen, unlikely to place self above the State. SardarPatel spoke of the “legacy of suspicion and dislike” inherited by thepolice and wanted both public and police to “change their attitude”.Nehru said something similar in his address to the Inspectors-GeneralJanuary - March, 20135

The Indian Police JournalConference, 1960, “If the police respect the public as a whole, thepublic will respect them more.” Of course, these were pious wishesdevoid of any plan for action. Perhaps, the unprecedented carnageand migration brought about by the Partition and the problem ofrehabilitation that it threw up kept them too preoccupied to think ofadministrative reforms. Perhaps, they relied too much on the steelframe called bureaucracy to take care of all such needs. The factremains that the Police Organization remained what it was during theRaj without any change.Public Order and Police in Concurrent ListThere could be another reason why the Nehru era turned a blind eyeto this grave issue. The Constitution placed Police in the State Listabsolving the Centre of any responsibility in police reforms. Not tospeak of setting up a National Police Commission for overhauling thecolonial system, not even the Police Act of 1861 was replaced with anew one enshrining democratic values. The apathy exhibited by ouras does the resolution of the Constituent Assembly to place Police inthe State List. Law and order is no doubt the responsibility of the StateGovernment, but what happens when it crosses the boundary of theStates? Can the Centre remain aloof even when the situation becomesand extremism, spread over large chunks of our territory, no saneperson would now think of relegating the responsibility of containingthem to the concerned States alone. If law and order is exclusively inthe domain of the States, why does the Centre raise and maintain hugeParamilitary Forces and Intelligence Agencies? It is a well-known factthat in a federal system like ours, the Centre takes the lion’s share ofthe revenue. The States depend on its largesse for development workForce in the States without Central aid. Is it not, therefore, appropriatepowers between the Centre and the States?There is another more compelling reason for my above contention.Could there be a second opinion about the fact that all Criminal Lawsof the Land should be uniform throughout the country? That we havecommon IPC, Cr.P.C., Evidence Act and some other laws is the legacyof the Raj. How can the Centre frame new Criminal Laws that may6 January - March, 2013

The Indian Police Journalbecome necessary in the changing times? Article 249 empowering itto legislate on matters relating to List-II in “national interest” requires aresolution by the Council of States with a two-third majority. Entry 9 inList-I and Entry 3 in List-III only relate to preventive detention. Shouldwe not have Public Order and Police in the Concurrent List to enablethe Centre to provide uniform Criminal Laws to the whole of the nation?our federal structure? I am sure there is no such apprehension. On thecontrary, it would save the nation from a multiplicity of State Laws,often leading to contradictions. It would also promote cooperationamong the States in prevention and investigation of crime as the lawswould be familiar to all of them.Indifference and Police ReformThere is yet another example of the appalling indifference of the Centreto police reforms. Our leaders woke up to the necessity of a NationalCommission to examine the functioning of the police thoroughly andsuggest measures for improvement in a comprehensive manner onlyafter the bitter experience of the excesses and abuses of the Emergencyyears (1975-1977). The situation during the Emergency was similarto, or perhaps worse than that prevailing during the freedom struggle.the Emergency was withdrawn, the National Police Commission wasset up with wide terms of reference. The Commission (1977) headedby Dharma Veer, ICS (Retd.) made a thorough study of all aspects ofpolicing in record time and submitted its report with recommendationsalong with a Model Indian Police Act to replace the Act of 1861,which, if implemented, would have changed the face of the policebeyond recognition.But it was not to be. The new regime lasted barely three years givinga smooth passage to the old to return. In any other democracy, theperpetrators of the excesses of Emergency would have been consignedto the junkyard of history for ever. It is both the strength and weaknessof our democracy that they could win an election so soon after theirexit and leave a succession of rulers after them; strength, becausethe people threw out an incompetent regime with the same aplombwith which they had thrown out an authoritarian one, and weakness,because there was no alternative to the abusers of the democraticprocesses and institutions. However, the point I want to make is thatJanuary - March, 20137

The Indian Police Journalthe NPC Report was doomed to die an unnatural death once theperpetrators were back.The sincerity of the political leaders ruling the country in implementingpolice reforms is comparable to their sincerity in unearthing blackmoney stashed in foreign banks: go on making endless speeches anddo nothing. After a decade of Government inaction in implementingthe recommendations of the NPC, two desperate retired DsGP soughtsalvation through the Supreme Court way. This was hardly a matterfor the court to decide, but the court had of late assumed a new roleof making up for the inadequacies of the Executive in the guise ofPIL as it has been already doing for the Legislature. One wonderswhat the proactive court was doing during the Emergency to upholdthe Rule of Law - holding that even citizen’s Right to Life remainssuspended during Emergency! The bureaucracy and the police “knelt”when asked only to “bend” as they had no statutory protection, butwhy did the Judiciary, with all its independence intact and with themighty Contempt Law in force, choose to go down on its knees? Theproclamation imposing Emergency signed by the President in 1975was unconstitutional as the advice was not tendered to him by theCouncil of Ministers. It was done only by the Hon'ble Prime Minister.answer only if a Judicial Reforms Commission is ever set up to go intothe functioning of the Judiciary. But who will judge the Judges? If at allsuch a Commission is ever contemplated, it should be headed by aneminent person from outside the Judiciary and most of the membersThe Supreme Court did act in Prakash Singh case with its customarypromptitude. The order came in September 2006, a decade after theand the Padmanabhaiah Committee set up by it. There were sevendirections to the Centre and the States for implementation by 31 stMarch, 2007, but how many of them have been actually compliedwith is known to all. The Centre also set up the Police Act DraftingCommittee under the Chairmanship of the eminent Jurist, SoliSorabjee, to draft a new Model Police Act, though a Model Act wasalready prepared by the NPC. The Committee came up with the ModelPolice Act, 2006 which was sent to the States to enact their own Act.How many States have complied with is not known. If this direction8 January - March, 2013

The Indian Police Journalis implemented, each State will have its own Act. Thus, the nationalcharacter of the Police Act would be obliterated on the repeal of PoliceSubject and the Centre has no power to enact a National Police Act.I shudder to think that we are soon going to have 31 Police Acts - 30passed by the States and one by the Parliament for the Union Territories.It is not known if the States would adopt the Model Act in its entiretyor would make changes as they deem proper. The latter possibilitycannot be ruled out as the legislative process involves amendmentspolice in the country as a whole? It is time for a serious debate as towhether Police and Public Order should be placed in the ConcurrentList by amending the Constitution or Article 249 should be invokedfor enacting certain laws in “national interest”. In my view, the formercourse is advisable as the Centre is, of necessity, assuming greater andgreater role in dealing with insurgency every passing day and mightneed more laws to be enacted in days to come.Reform WithinSo far, I have been only introducing the topic I meant to discussthe need for self-reform by the police. The politicians who ruledthe country so long have belied our hopes. The intervention by theJudiciary to awaken them had only marginal results. But there is a lotwe can do to change ourselves and we can do it under the presentframework of law and administration. Fortunately, Sardar Patel decidedto continue the IP as the IPS and provided for a selection process thatensured entry of highly-educated young men with impressive recordof academic excellence. It will not be an exaggeration to say that theAll India Services (AIS) draw the best brains of the country through arigorous competitive examination. Such academic excellence may notbe necessary to make a successful Administrator - in fact, there is astrong opinion that this has deprived the Universities of their share offor decision-making. This is not to say that there are no black sheep; the overbearing.January - March, 20139

The Indian Police JournalI shall revert to the question I raised earlier: Is the Police of Free Indiaanyway different from the Police of the British Raj? The answer is anunambiguous 'No'. The same practices, methods and attitudes continue.of the Daroga of the East India Company days - corrupt, tyrannicaland nobody dare enter its precincts without the company of a touton payment of a price. Crimes are not often reported as the victimsdo not expect any relief and, on the contrary, fear further harassment.Most of the property offences reported from the remote areas are notregistered and investigated in order to keep the crime statistics down.The only method employed for investigation is “third degree” to whichsuspects are subjected and, in nine out of ten cases, the suspects areinnocent. Death in Police custody is a common occurrence in everypart of the country. Some years back, a study of cases of murderreported in Orissa during a period of ten years revealed that 5% of thewere members of the Scheduled Castes and Scheduled Tribes. Therehave been cases of molestation and rape of women in Police custodyoccurring not infrequently. The practice of killing so-called criminalsa strong underworld, has now spread to every nook and corner. It isconsidered a legitimate process for eliminating criminals.And, all this is happening under the very nose of a dedicated band of abominable practices would not have continued so long. Shouldnot the leaders of the police service now realize that neither reformsnor modernisation would yield any result unless these deep-rootedmaladies are cured? There is no need of resources of any kind - manor material - for exorcising these cankers from the metabolism of theorganization. All that is needed is missionary zeal fostered by theunited will of the leaders of the organization at the highest level allover the country. . Let charity begin athome.10 January - March, 2013

Abjure Third DegreeThe Indian Police JournalAbout a decade back, a batch of IPS probationers allotted to Orissa,came to call on me. I had already retired as DG Police and joined theOrissa Public Service Commission as Member. I gave them a longlecture on the evils of third degree as I had done throughout my 36years of service. At the end of my talk, a lady probationer, barely outof a premier University, where she was doing her Ph.D., asked mequite innocently, “Sir, how else do we conduct investigation?” Thebatch had come from the National Police Academy for what theyIt appeared the purpose of the course had been fully served. A fewenlightening days in the Police Stations earned them the wisdom thatendless debates in the classroom of the NPA had failed to do. Howto conduct investigation without using third degree? One may talk ofbut the essence of investigation lies in third degree. How does it matterif it does not have the sanction of law? After all, you are charged withthe responsibility of protecting the society from the depredations of thecriminals. If you are required to break the law technically to dischargethis duty, you commit no wrong, for your intention is sublime. And thelaw decrees there is no crime without mens rea.I have always wondered how so well educated a service as the IPS hasfallen a prey to this delusion. There is a genuine apprehension amongthe top brass of the police that criminals cannot be controlled withoutuse of torture. It is fear of instant physical pain that deters the criminalfrom committing crime. It is again the same fear that makes themconfess crimes committed by them. There will be utter lawlessnessand chaos in the society if police fails to create a sense of fear in theminds of the lawbreakers. My answer to them has always been that itpersons confess to crime under duress giving imaginary stories thatderail the investigation. Criminals are clever enough to make falseconfession as they know that it has no evidentiary value. Acceptingfor argument sake that torture might sometime extract truth and helphappens to the oath taken by you to uphold the Constitution and theRule of Law? How do you deny when torture is alleged by the victimin the Court of Law? Above all, what happens to your own moral rightJanuary - March, 201311

The Indian Police JournalIt is equally unfortunate that there is a groundswell of support fromthe people to this obnoxious practice by the police. There is no doubtpublic uproar when there is death in police custody, but there is agreater uproar if suspects in crimes are not tortured for recovery ofstolen property. Majority of people share the general perception thattaught a lesson. I have often heard political leaders lamenting thatthere is no fear of the police for which lawlessness is in the increase.All this has emboldened the police to continue with the practice ofA Tool of Investigation or Extortion ?The reason for the subordinate ranks in the police clinging to this indispensability as a tool for extortion. Nobody would pay a bribe tothe police unless threatened. The power of arrest, registration of FIR,grant of bail and investigation is widely abused for making money. Noservice is rendered unless bribe is paid. I would not say that corruptionin the police is more than that in other Government services, but ithurts the people more, because they are directly affected. In most ofis impersonal.For example, a corrupt Chief Engineer receives his percentage of thecost of the project from the contractor and shares it with his Minister.It is only the State and the people that incur loss. In the case ofcorruption by the police, it is the victim who pays to obtain serviceis used to extract bribe which converts it to extortion. That is whycorruption in the police has a darker face than that in other branchesof the Government.Third Degree leads to all IllsI hold the practice of third degree responsible for almost all the illsthat police suffers from. It has earned the police the reputation of created an impregnable barrier between the police and the people. Ithas sabotaged the process of investigation of heinous crimes and thushelped criminals escape the rigour of law. It has promoted corruption12 January - March, 2013

The Indian Police Journalin enforcement of law by forcing the victims and the accused alike toof silence under threats of total breakdown of the safety mechanism,by a baseless belief in the dictum that a criminal understands only thelanguage of lathi, not interrogation.It will not be fair to lay the entire blame on the subordinate ranks andI would not paint all of them in the same brush. There are honest andfrom their superiors and refused to use third degree. A young SP onceboasted that he had to take up the cane himself to tackle a hardenedmember of the Bawria gang, on the wrong side of seventy, as the practice by not only tolerating it, but encouraging it; nay, insistingon it.I would now repeat the reply I had given to the lady probationer - now abrain works.” And, this is also my message to the leaders of the PoliceForce all over the country. Try to realize what third degree has cost thepolice and what dividend it has paid. It has cost its entire reputationand the dividend is total distrust of the people. And how much doesit cost the State? Can one compute the cost of a life lost or the agonyof a person, innocent or guilty, physically abused? Besides, there isthe cost of creating and maintaining not only one National HumanRights Commission, but a Commission in every State on a permanentbasis providing employment to retired Judges and bureaucrats at anenormous cost to the taxpayer. If police stops using third degree, allthese Commissions will become irrelevant. It is a matter of shame thatwhile law has entrusted police with the task of safeguarding humanrights, Commissions are needed to guard the police against violationof human rights.A few days back, the wife of a Police Inspector appeared in a popular Bachan. In course of narrating her family life, she said that her husbandis extremely short-tempered and when he comes back home, theJanuary - March, 201313

The Indian Police Journalchildren hide themselves in fear and she pretends to be busy in work.The husband, who was in the audience, explained that he is a strictdisciplinarian and that is why he is feared by his wife and children.But the fact of the matter is that he carries his evil temper from hiswork to his home. He must have spent hours shouting at people andtreating suspects with third degree at the Police Station. He cannotsimply switch his mood off and appear sweet and pleasant when hereaches home. He is not a case in isolation in this regard; I wouldlevel throughout the country would have similar tales to tell. I haveat the Police Station and the circle level, for nearly four decades. Thebrutish conduct at work. They lack peace at home and their childrenthe depredations of the criminals! There are instances where their ownchildren have turned criminals in the process!Concluding NoteI have always nourished the hope that with the passing of time, thispeople will be aware of their rights and resist their violation by thepolice or by any other arm of the State. But, to my great disappointment,things have only changed for the worse. No doubt there has beenmuch greater awareness than in the past, but it has not been ableto make a dent on any of the evil practices police is notorious for.It is necessary for the leadership of the police to show courage andcharacter. They have only to “will” it to achieve it and they will noticethe difference it would make. I hope to live to see that dawn and sing •14 January - March, 2013

Good Governance andPolice AdministrationNeed for ReformsDr. Krishan Kumar*KeywordsGovernance, Good Governance, Rule of Law, Respect for Human Rights,Transparency, Accountability, Ineffective Training, Rampant Corruption, Poor WorkCulture, Political Interference.AbstractThe Police Forces maintain the Rule of Law and thus ensure goodgovernance. Peaceful and congenial environment is essential preconditionfor all-round development of a Nation. Police Forces need to be modernizedand professionalized to counter the threat of organized crime in bothsocial and economic spheres and to tackle the menace of high-tech modusoperandi used by criminals and terrorists. However, Police Administrationin States is crippled due to weak organizational structure, poor workculture, ineffective training, rampant corruption and rising politicalinterference. Various commissions and committees looking into policereforms have recommended to make the Force autonomous, accountableand effective instrument of governance. However, these reforms have notbeen implemented in their true intent and spirit.The present paper attempts to study the problem area in this respect andaims at suggesting measures to make police autonomous and serviceorientedinstitution. Strong political will, sincere administrative attemptsand total implementation of the desirable reforms at the institutional andgovernance level will go a long way to make the Police Force really usefulto the Indian society.GOOD governance is a system of governance based on Ruleof Law, respect for human rights, transparent functioningAuthor Intro. :* Assistant Professor, Kurukshestra University.E-mail: dskkpunia@gmail.comJanuary - March, 201315

The Indian Police Journalto restore Rule of Law and inclusive growth, but also to gain greaterlegitimacy and credibility for its policies, practices and programmes.Successful implementation of development programmes and policiesinitiated by Union and State Governments and the fair distributionenvironment.Good Governance and PolicePolice facilitates good governance by restoring Rule of Law and bymaintaining internal security. Paradoxically, the internal security,domain of the police system of the nation, continues to deterioratein view of various factors like Maoist-Nexalite terrorists, unstableregional security environment, religious and ethnic secessionism,economic offences and organized crime. These factors pose a seriousthreat to internal security of India [Bedi, R.S. (‘The Tribune’, February5, 2010) 9] 9). Apart from these, various ethnic and sub-ethnic groupsare creating violence in different parts of the North-East. Further, thereare home-grown Jihadi elements, underworld dons and powerfulProper maintenance of law and order is an essential prerequisite notonly for ensuring safety of life and property of people, but also forlong-term development of the nation. India cannot become a majoreconomic power without an atmosphere of peace and stability. Assuch, in order to counter effectively the threat of organized crimesand to tackle the menace of sophisticated weapons and technologyused by criminals and complex security situation, it is essentialto modernize and professionalize the Police Force of the States.However, the Police Administration suffers from weaknesses inorganizational structure, poor work culture, ineffective training, poorinterference ‘The Economic Times’ (May 5, 2010) 10]. These factorsconjointly have constricted the capacity of police to maintain the lawand order or to restore Rule of Law in Indian society. This patheticsituation warrants the urgent police reforms if India is to maintain itsdemocratic, pluralistic, secular character and if the nation is to rise as(‘The Tribune’ (January 25, 2010) 8].16 January - March, 2013

The Indian Police JournalDuring the British period, Police Administration had been created toserve the colonial purpose. However, in the post-Independence period,it has been endeavoured to reform this system and to make it accountableand people-friendly. Various committees and commissions have beenset up by several States to study the Police Administration and suggestmeasures to make it responsive, responsible and robust instrumentof governance. National Police Commission (NPC) was set up by theUnion Government in 1977. It recommended multifarious reforms forthis vital institution of governance (‘The Economic Times’ 10), but lawand order being the State subject, these reforms have seldom beenimplemented in their true spirit by various State Governments.Police Reforms: Critical for Good GovernanceSince police reforms are as critical for good governance and functionaldemocracy as for Human Rights (‘The Economics Times’ 10), so, it isessential to reform the police set-up for the sake of good governanceand vibrant democracy.First and foremost, reforms are needed at the grass-root level ofPolice Administration. Nearly 87% of all Police personnel areConstables. However, owing to the factors, such as little chances ofvertical mobility, long working hours, poor work conditions and littlescope for application of his mind to take a quick and fair decisionin a critical situation tend to dehumanize and brutalise a policeman(IInd Administrative Reforms Commission 5 th Report 68). TheSecond Administrative Reforms Commission has recorded that theprevailing work environment is not conducive for the Constabularyto acquire professional skills required to serve the citizens effectively. has only been declining progressively since Independence. Overthe years, increasing politicization and corruption, long duty hoursand low policing intensity have further contributed to erosion intheir credibility (Second Commission on Centre-State RelationsReports 238).Therefore, it is imperative to streamline the basic Police Administrationby equipping the Police Stations with modern weapons, by providingbetter communication and transport systems, by ensuring insulationfrom political interference and also by improving conditions of service January - March, 201317

The Indian Police Journalrationalizing their assigned workload in such a manner as ensures theoptimization of the physical and mental potentialities of the policemen. Any reform in police system to be meaningful has to begin at thislevel. National Police Commission recommended major improvementin the service conditions of Constables, equating the Constable to askilled worker for determining his/her pay structure [NPC (SecondARC 106)]. The Second Administrative Reforms Commission (ARC)has recommended that Constabulary should be substituted withrecruitment of graduates at the level of Assistant Sub-Inspector ofPolice (ASI). The Constabulary then will have the scope of promotionup to Dy.SP, over a period of time. This by itself would serve as aneffective motivating factor for them to maintain high level of integrity,professionalism and personal behaviour (Second ARC 106).Insulation from InterferenceIn order to make the Police Force an autonomous, accountable andservice-oriented organization, it is essential to insulate it from politicalinterference in matters of recruitment, transfer, postings, promotionand administration. Interference in policing usually provides to the impunity as a weapon. As such, this interference not only limitspartiality and favouritism in its functioning, which lowers the moraleand motivation of the Police personnel, resulting in politicizationor criminalisation of police. The recent murder of crime reporter,Jyotirmoy Dey, in broad daylight in Mumbai brings to light the fatal pointed out: “The lack of professionalism in an overburdened,undefended and poorly skilled Police Force, coupled with undueinterference has led to lower level of trust in law enforcement. Manysociety, but they are powerless to reverse the decline in standards ofcrime investigation. As a result, enforcement of the Rule of Law andprosecuting and punishing the guilty have become major challenge inour governance” (Second, ARC 67). Various political parties ruling thedifferent States have used the police to achieve their populist politicalprogrammes. Left front Government in Bangal had always placed morepoliticizing the uniformed force, vitiating the recruitment process and18 January - March, 2013

The Indian Police Journalfailing to utilize the Central grants for modernizing the police [‘TheTribune’ (February 18, 2010) 8]. The police in Punjab is also highlypoliticized. It is used by ruling politicians to serve their partisan ends.Postings and transfers in Punjab Police are dictated not as much byprofessional competence and administrative needs as by politicalexpediency [‘The Tribune’ (February 18, 2010) 10].The U.P. Government dismissed 18,000 policemen, on the pretext thatthe appointments were made against non-existing vacancies duringprevious regime. Supreme Court subsequently ruled in favour of theirreinstatement. In Haryana too, approximately 1,600 policemen weredismissed from service under the alibi that their appointments weremade in an unfair manner and on political grounds. The overall motiveappears to nurse a political constituency and create a Police Force thatworks like party Army [ Joseph, Mallika South Asia Survey 16, 2 (2009)239]. The Mumbai Police is not only politicized, but its collusion withthe underworld is also very evident. Factors, such as these also affectattitude and perception of people towards police and their cooperationin the maintenance of law and order. National Police Commission(NPC) observed:“… in the perception of the people, the egregious features ofthe police are the politically-oriented partisan performance ofvary from place to place and person to person….” [NPC (quotein Second ARC) 31].In a diverse, plural and secular society like India, police should act ina fair and impartial manner. If it favours or disfavours some Section ofRule of Law and such a phenomenon may encourage the commonmasses to take the help of musclemen or to form the private armiesas prevail in Eastern U.P. and Bihar. It shall be the responsibility of accountable functioning of police for the entire State (Second ARC78). However, the State Governments have not shown the requiredzeal and commitment to streamline Police Administration and to makeit effective instrument of governance.To insulate the Police Force from political interference and to make itautonomous and accountable, Supreme Court issued directive to StateGovernment to implement police reforms, which included constitutionJanuary - March, 201319

The Indian Police Journalfrom the wing looking after law and order maintenance, constitutionof a Police Establishment Board District Complaint Authorities in eachState and constitution of National Security Commission ['The Tribune'(November 10, 2010) 10].It has also appointed Justice K.T. Thomas Committee to monitor theimplementation of the court directives.However, four States, which are Uttar Pradesh, Maharashtra, Karnatakahave not complied with court directive. ['The Tribune' (November 10,2010) 10]. Even if SC directive is implemented, it is unlikely to make and State Government adopt holistic approach to address the problemareas.Problem AreasPolitical willingness is imperative to implement police reforms in theirtrue spirit. One reason why the States are resistant to police reformsis that the Chief Ministers do not want to lose their hold on police.Transfer is a tool in the hands of Chief Minister to browbeat an uprightand unamenable DGP. Consequently, most of States are opposed to thethe relevant directives from the authorities like State SecurityCommission, the Police Establishment Board and Complaint Authority['The Tribune' (November 10, 2010) 10]. Reforms, if implementedin bits and pieces will neither make the police autonomous anderring cops, and thus make them accountable to the people for theiracts of omission and commission.To counter the terrorists' threats and to tackle the complex securityscenario, it is essential to modernize the police by equipping it withnecessary infrastructure needs and facilities. But the police, even atpresent, is ill-equipped to maintain law and order and it faces variousproblems, such as lack of infrastructure, politicization and inadequatetraining facilities. Even the ordinary items, such as stationery items,pens, papers and carbon-papers are not available in the Police Stations. is acute shortage of Police personnel. There are 125 cops for everyone lakh citizens against the United Nations recommendations of 22220 January - March, 2013

The Indian Police Journalpoliceman for every 1,00,000 people (Saxena, Payal 23). Most of Statesduties. State Governments have paid lip-service to modernizationof Police Forces. Comptroller and Auditor-General (CAG) Reportpresented in Legislative Assembly of Haryana on March 16, 2010pointed out that out of the Rs. 164.24 crore allocated for modernizingthe State Police Force during 2004-2009, just Rs. 3.66 crore or 2.23%had been spent on buying sophisticated weapons. 78% cops were nottrained in operating modern weapons. [‘The Times of India’ (March 17,2010) 4]. Five-year perspective plan for 2005-2010 for modernization funds, 49% of staff quarters and 35% of non-residential buildingswere not completed. In Haryana, against the sanction of 53,708 posts,41,683 cops were recruited leaving a gap of 12,025 posts (22%).Delay in approval of annual action plan and diversion of funds areother lacunae highlighted in CAG Report. Similar picture prevails inother States also (‘The Times of India’ 4).Police-Politician-Business-Criminal NexusIt is also essential to break the fatal nexus between police, politicians,businessmen and criminals. The Vohra Committee (1993) observed inits report:activities by indulging in petty crime at the local level…. Overtime, the money power thus acquired is used for building upcontacts with bureaucrats and politicians and expansion ofactivities with impunity. The money power is used to develop anetwork of muscle power, which is also used by the politiciansduring elections….” (Vohra Committee Report in the SecondARC 231). taking advantage of this fatal nexus, which has become more andmore obnoxions and detrimental during the last 18 years. In Mumbai,operations, Oil adulteration, smuggling, share market, cricket bettingand protection money. The total turnover of these nefarious activitiesruns into thousands of crores of rupees, posing a grave threat to thesecurity and stability of the State [Tare, Kiran ('India Today', June 27,2010) 22]. Initiation of legislative measures to ensure strong punitivemeasure for those involved in such activities, inculcation of spiritualJanuary - March, 201321

The Indian Police Journalvalues in training modules of Police Force, effective vigilance andpolice-public cooperation can play a decisive role to curb this menace.Effective crime investigation, competent law and order managementand optimal intelligence gathering activities demand high standardsof professionalism and adequate infrastructural and training communication support, state-of-the-art weapons, non-lethal moderntools for riot control and high degree of mobility are essentialprerequisites for modern policing (Second ARC 69). Proper Training of“Training is investment in human potential. It is important means of[First ARC Report on Personnel Administration (1969) 69]. But, so far,this aspect has been neglected a lot. Adequate, training in relevantareas and modern techniques for all categories of Police personnelcan bring about an attitudinal change and can enhance capacity ofpolicemen to handle modern weapons and technology.Professionalisation also requires separation of investigative functionfrom law and order maintenance duties, fair merit-based recruitmentsystem with emphasis on psychological tests of candidates, goodleadership along with strengthening of the intelligence-gatheringmechanisms. At the same time, it is also essential to reward the goodones.Second ARC recommendation to constitute State Police Performanceand Accountability Commission to evaluate the functioning of the policeservice and organizational performance can be vital to professionalisethe Police Forces to and streamline Police Administration (SecondARC Report 90).Functional and Professional AutonomyPolice Force should have functional and professional autonomycommensurate with its requirements. However, such autonomy of accountability to save the citizens from abuse of authority by theriot-affected States amply demonstrates that in the absence of propercontrol and accountability, the Police Force may turn out to be monsterrather than saviour of the public. Police personnel are internallyaccountable to their higher-ups in the organization, and externally they22 January - March, 2013

The Indian Police Journalare accountable to Executive Magistracy, Judiciary, political executiveand the public (Second ARC Report 63). The external control of policemust be strengthened not only to ensure that it functions according tothe provisions of the Rule of Law, but also to make it a service-orientedinstitution. Involvement of local citizens and elected representatives isto make its functioning very transparent and adequately respectful tohuman rights. In UK, the police is accountable to the local citizensthrough the local police authorities, which comprise elected localCouncillors, Magistrates and eminent persons (Second ARC Report 78).Reform in Criminal Justice System evidence leads to lower conviction rates. The high and mighty of theowing to their ability to subvert crime investigation and the due processof law (Second ARC Report 66).Therefore, police reforms must be accompanied by reforms in CriminalJustice System so as to ensure speedy delivery of justice. Inadequatenumber of Judges coupled with archaic and complex judicial/courtprocedure have rendered our justice system sluggish, apathetic andinaccessible. The saying goes: Justice delayed is justice denied.Reforms are needed not only to instill fear in the minds of criminals,but also to restore faith of the innocent in the Judiciary (Second ARCReport 69).The present Police Force, which mainly works as Law EnforcementAgency of Government, should transform itself into service-oriented,to uphold the Rule of Law. Hon'ble Prime Minister Dr. ManmohanSingh has observed:“Today, Police Forces have to serve the interests of people, notrulers. In a democratic framework as we are in today, there isa need to have in the Police Forces a managerial philosophy, avalue system and an ethos in tune with times. I had emphasizedthe need to ensure that Police Force at all levels change from afeudal force to a democratic service. The spirit of public service,of respect for the rights of individuals, of being just and humanein one’s action must permeate the entire Police Force.” (SecondARC Report 70).January - March, 201323

The Indian Police JournalConclusionPolice has to adjust itself to a new and transformed role with changingtimes. Unfortunately, this is one service of the country, which has notbeen addressed holistically since Independence (Saxena, Payal 2010).However, if the problems confronting the police are properly addressedand redressal mechanism is put into place and also the police reformsas suggested above are implemented with true intent and spirit, themodern-day police will emerge as a viable institution of governance.“The current vicious circle of poor policing, poor investigation, halfheartedprosecution, hostile witness syndrome and low convictionrate will get altered into a virtuous cycle of greater professionalismin investigation, more responsible prosecution, higher conviction rateand lesser crime.” (Second Commission on Centre-state relations 238).An autonomous and accountable police system thus established willrestore Rule of Law and respect for human rights. A more orderly andjust society thus evolved will certainly become the bedrock of goodgovernance.•References1. Bedi, R.S., “India as a Global Power”, ‘The Tribune’, February 5, 2010.2. 'The Economic Times', May 5, 2010.3. First ARC Report on Personnel Administration (New Delhi: PublicationsDivision), 1969.4. Joseph, Mallika, “Governance of the Security System in India”, SouthAsia Survey. 16, 2 (2009) 231-251.5. National Police Commission Report (Quoted in the Second ARC Report). 7. Second Administration Reforms Commission Report.8. Second Commission on Centre-State Relations Report.9. Subrahmanyam, K, “Flawed Security Planning”, 'The Tribune', January25, 2010.10. Tare, Kiran, “Overloads of the Underworld”, 'India Today', June 27,2011.11. ‘The Times of India’, March 17, 2010.12. ‘The Tribune’, February 18, 2010.13. ‘The Tribune’, November 10, 2010.14. Vohra Committee Report (1993).24 January - March, 2013

Time for Stakeholdersto help mitigatePolicing DeficitDr. A.P. Maheshwari*, IPSKeywordsStakeholders, Police Deficit, ‘Power-grid’.AbstractAn alarming situation in the forces emerges when the command andcontrol systems are diluted by outside agencies. One has to understand theoperational culture of the forces. Hence, stakeholders need to desist fromthe temptations to take over control. Too many masters would bewilderthe members of the force and generate disillusionment in them. Hence, thesooner we realize this fact, the better it would bode for all of us. Piecemealsolutions by interested parties have to be curtailed and effectively resisted.Police agencies have to consider the whole nation as the ‘crime scene’of jurisdiction.IntroductionAthe police agencies. The people, who are not the commoners,interact with the police agencies at different platformsdepending upon their relative positioning on the ‘power-grid’ and thelevel of networking that they may have access to. Various stakeholderstry to generate a hold over the functioning of the police, which isotherwise a visual symbol of State authority at the cutting-edge level.Originally conceived under the colonial Police Act of 1861, it has notyet changed its intrinsic character in true sense despite the interventionof the Hon’ble Supreme Court. There are many issues, which areentangled between the distribution of power inter se the Centre andthe States, as per the scheme of things under the Indian Constitution.Author Intro. :* ADG, U.P. Police.January - March, 201325

The Indian Police Journal• Secondly, developing managerial and leadership talents withinthe organization;• Thirdly, pruning the corrupt and the dead wood at each stage atthe earliest; and• Fourthly, involving the community more and more in the policingarenas.An alarming situation in the forces emerges when the command andcontrol systems are diluted by outside agencies. One has to understandthe operational culture of the forces. Hence, stakeholders need todesist from the temptations to take over control. Too many masterswould bewilder the members of the force and generate disillusionmentin them. Hence, the sooner we realize this fact, the better it wouldbode for all of us. Piecemeal solutions by interested parties have tobe curtailed and effectively resisted. Police agencies have to considerthe perpetrators who have no limitations of jurisdiction. The globallyexportedterrorism and the psychological warfare, which have replacedconventional war options, are posing new challenges on the internalsecurity grid.Hence, security challenges now encompass a larger onus on thepolice set-up. Actual security as well as the perception of security,are both equally important. Neo-formats of community policing haveto be evolved to cater not only to the crime and order grid, but alsoto generate intelligence back-up to counter the asymmetric warfaremoves made by the adversaries. It is time for all the responsibleparochial interests and contribute to the police reforms.Civil Policegood policing systems, it would not be out of place to highlight theimportance of the civil police in seeking overt as well as covert support this context, the functional area of human relationship management,in which this agency is generally evaluated low should become theprime domain of the civil police, in order to optimise on communitycollaborations and thereby draw maximum social synergy for allJanuary - March, 201327

The Indian Police Journalpurposes . It is heartening to know that in a recent deliberation of arenas:• Generating conducive work culture on professional lines.• Evolving appropriate collaborative formats of communitypolicing.• Restoration of the command structure of the Police Chiefs atvarious levels congruent with their responsibility.• Estoppels to outside interference.• Control over police by autonomous body in order to free theagency from ‘vested interests’. strong perception of security is a sine quo non for development in thediverse domains of human existence.•28 January - March, 2013

Strategic Management of Human Resourcewith special reference toEmerging Complexities andFuture Needs of PolicingDr. Arti Pandit Dhawan*KeywordsStrategic Management, Human Resource Management, Organizational Development,SWOT Analysis.Abstractvastly different times and for different needs. Centralized bureaucracies,bound with archaic rules and regulations and strict adherence to hierarchical advanced society.The absence of proper and integrated HR systems, particularly training andpersonnel management are seen to be major impediments in the properfunctioning of the police services.Managing strategically is increasingly a way of life for organizations facedwith challenges. The burden of modern policing can be reduced by strategicmanagement of human resources. In order to be successful, organizationsand their managers will have to confront basic questions regarding theformulation and implementation of strategy in their organizations. Thearea that will be getting much attention is Human Resource Management,because it will be central to implementing the needed changes in theorganizations. A process for changing the HRM of an organization in thebefore them.S “the pattern of planned human resource deployments andactivities intended to enable an organization to achieve itsAuthor Intro. :* Sr. Lecturer (Commerce), HP University Centre for Evening Studies, The Mall,Shimla-171 001. E-mail: panditarti36@live.comJanuary - March, 201329

The Indian Police Journalgoals. Put another way, it is “the linking of HRM with strategic goalsand objectives in order to improve organizational performance and Strategic HR means accepting the HR function as a strategic partnerin both the formulation of the organization strategies, as well as inthe implementation of those strategies through HR activities, such asrecruiting, selecting, training and rewarding personnel.organization uses to achieve its aims. Ideally, HR and top managementto formulate the overall strategy, that strategy then provides frameworkwithin which HR activities such as recruiting and appraising must becrafted. If this is done successfully it should produce the employeecompetencies and behaviours that in turn should help organizationimplement its strategies and realize its goals. It is the proactivemanagement of people.Rationale behind the Studyimpose a modem but colonial system of policing instead of revenuepolicing started by Robert Clive after he got Dewani of Bengal. Hence,a semi-literate and brute force recruited from the native populationto serve the foreign ruler and not the native Indian. Unfortunately, inthe name of continuity and stability, this vaunted administrative steelframe was retained by the Indian rulers even after the Independenceand adapted to suit partisan needs. An opportunity to give the newThe colonial policing system, based on the closed organizationalmodel, has not been able to adapt itself to the rigours of a vibrantdemocracy. Its Statewide hierarchy and imposing organizationalpyramid make that individual police units impervious to meet theemerging complicities and future needs of policing.There is a requirement of an integrated and holistic approachto transform the whole structure of police towards intellectual,behavioural and technologically-oriented police, which is able toResource Management has emerged as a powerful way of thinkingabout organizational issues of a strategic nature.30 January - March, 2013

Review of LiteratureThe Indian Police JournalThe concept of Strategic Human Resource and Police Reforms hasattracted the attention of academician, practitioners and researchersduring the last three decades. Following are the few related studies,which have been undertaken by the academicians, professional and• Umranikar (2009) focused his attention on the Police Reformsin India. He analyzed that the pursuit of Police Reforms in Indiaseems to have become an interminable, frustrating activity. Thisarduous task can be compared to the Sisyphean saga. If the CivilSociety, Political leadership, Administrators, Judiciary and Media,all put their shoulders to the task, the reforms are not impossible,but the efforts have to begin at once.• Chaudhary (2009) combines marketing principles with theempirical knowledge of police operations for suggestingimprovements in the Indian Police Force. It uses the marketingsolutions to the issues that the police face in their everydayoperations. In addition, it carries case studies related to policeoperations from across the world and suggests ways of adaptingthe strategies used in these to the Indian context.• Sontakki (2004) vide his studies, “Strategic Management - Textand Cases” has presented strategic management in a simplemanner and lucid style. Each chapter has reference to the casesof Indian and foreign corporate world. The entire process ofstrategic management is explained with detailed discussions.• “Understanding Human Resource Development - A Research-Based Approach”. The overarching purpose of the book isto advance knowledge and understanding Human Resource the design and conduct of research in HRD and simultaneously principles, and the possibilities and limitations of particularmethods and techniques.• Dr. Krishana Mohan Mathur (2001) vide his studies, “ManagingHRD An Indian Perspective” examines the managerial sideof HRT - How to organize, implement and evaluate HRD andJanuary - March, 201331

The Indian Police Journalpresent an Indian perspective of various HRD challenges. Role ofHRD in an organization, HRD Mechanism, HRD Processes andHRD outcomes have been highlighted in the present work. Thisbook gives the readers an Indian perspective of managing HumanResource Development.• Dessler (2000) provides students, in Human ResourceDevelopment Management courses and practicing Managerswith the complete comprehensive review of essential personnelmanagement concept and techniques in highly readableand understandable form. Globalization, deregulation andtechnological advance mean organization today must be todaymore competitive than ever to survive. Technology is rapidlychanging. How we all work and learn, and there is being a majorleap in this books use of technology and human resource contentand supplements, including a new online web CT course.• V.S.P. Rao (2000) has presented the fundamentals of HRM in asimple, lucid and easily understandable style. A notable feature isthat it gives extensive coverage to· HRD topics. The book containsa number of cases, highlighting the challenges confronted by HRManagers at various levels in the corporate world.• Raghavan (1999) has made a comparative study of Police in Indiaand the US. R.K. Raghavan’s book is both ambitious and unique.It is ambitious because it systematically compares policing in twoand the United States. India and the United States are the world’stwo largest democracies, both have constitutions incorporatingguarantees achieved independence from the same colonialpower, and both have very heterogeneous populations.• Compendium of recommendation of the Police Commissionof India. National Crime Records Bureau (1997), Ministry ofHome Affairs, Government of India has given comprehensiverecommendations. In the annals of the history, three commissionsserved has beacons guiding the police of their charter of theirduties. The National Crime Records Bureau produces them insingle volume.• Udai Pareek and Venkateswara Rao (1981) have presented indetail a comprehensive volume on designing and managinghuman resource systems in a variety of organizations, both in thepublic and private sectors. It is no exaggeration to say that HRD32 January - March, 2013

The Indian Police Journalis the soul of the personnel function - permeating it, and lifting itto a higher spiritual level.• Leonard Territo, C.R. Swanson & Chamelin and Chamelin(1971) have studied the Police Personnel Selection Process. Thepersonnel selection process is an important element of a policetheir rank or function, to be aware of the many factors involvedin the selection process, so that these principles can be effectivelyimplemented.• Committee on Police Training (1971) appointed under theChairmanship of Prof. M.S. Gore made an in-depth study on theobjectives of police training and basic management for the trainingdetailed study, the committee highlightened shortcomings in thetraining and suggested various measures to bring improvementfor making training more effective and relevant to the changingneeds.Emerging Challenges and Complexities before PoliceIn the third millennium, the Indian Police is facing various challengesor opportunities to discard the present colonial structure and cultureof our police and build a policing system compatible with the idea The masses are awakened. The “Third wave” of and the informationrevolution have led to rising to expectations among the people.National Security Challenges before Police (Terrorism, Militancy,Organized Crime, etc.)National security challenges before the police have increased manifolddue to increasing subversive methods used by various inimical forces.Organized crime terrorism, militancy and even economic crimes havebecome convenient tools in the hands of anti national forces.New Challenges to Policing in the context of TechnologicalAdvancements and Economic DevelopmentRapid technological advancements and economic developmenthave given rise to serious challenges for policing. The variouschallenges faced are cyber crimes, violation of information andnetwork security, credit card frauds, threats of nuclear, biological andchemical warfare.January - March, 201333

The Indian Police JournalProblems of Rural PolicingA vast majority (70%) of the Indian population lives in villages. Theproblem of policing in rural area must, therefore, receive due attention.or petty crime. Delay in their disposal escalates tension. Panchayatscould, therefore, be empowered, through legislation, to dispose ofpetty cases of both civil and criminal nature.Problems of Urban and Metropolitan PolicingPolicing major urban centers and metropolitan areas is becomingincreasingly complex. Urban areas are characterized by frequent lawand order problems, greater variety of organized and unorganizedcrime, immediate response to crime. In urban policing, because ofthe growing intensity and frequency of law and order problems, thefunction of crime investigation gets neglected. This is a dangeroussituation that contributes to the lack of control over crime. Crimeinvestigation in the cities must, therefore, be separated from the lawand order function.Future Challenges of PolicingSince Independence, the standard of living in India has improved yet,social inequalities persist. The police is facing various challenges likesocial tensions, communal strife, corruption, threatening, increase indrug addiction, smuggling and bootlegging, etc. The statistics showthat the crime rate in nearly all democratic societies to be very high (India) or the richest and the most powerful (USA), the crime graphseems to be continuously rising. Criminalization of politics hasadded a new challenge to the police. Rapid growth of populationand urbanization has led to unemployment, growth of slum areas,delinquency and social tensions.Degrading moral values, lure for easy money and fragmentation offamilies have led to increasing hiatus between elders and youngsters. terrorism, Cyber Crime are the challenges that require expert handling.Cinema, pornography, free mixing of men and women, the call-girlracket are the pioneers of India’s new culture. The rapid growth ofmotor vehicles has added to the problems of the police.Policing - A Holistic ApproachIn the developed nations, a ‘new policing order is emerging’ thatderives its momentum not just from some Government-initiated police34 January - March, 2013

The Indian Police Journalreform document, but from the global processes of restructuring andfragmentation already apparent in many modem States and in branchesof Government and public bureaucracies.As per the National Police Recommendations, the importantprerequisites for the future policing would be:(1) Professionally competent Police Force, committed to improvedservice delivery to its citizens.(2) Police which is impartial, helpful, decisive and positive inapproach.(3) Police with new skills, much higher professional knowledge andcompetence.To pursue these prerequisites of future policing, there is a growingneed to imbibe the cardinal components of good policing throughproper human resource management.Human Resource ManagementHuman Resource Management is a process of bringing people andorganizations together, so that the goals of each are met. It may beworkforce to achieve the goals of an organization in an effective andAccording to Invancevich & Glueck, H.R.M is concerned with themost effective use of people to achieve organizational and individualgoals. It is the way of managing people at work, so that they give theirbest to the organization.Recruitment and Selectionworkers and stimulating them to apply for jobs in the organization.organization make search for prospective employees. In practice,however, prospective employees too seek out organization just asorganization seeks out prospective employees. Recruitment is a linkingIt is a joining process. In that it tries to bring together job-seekers andemployer with a view to encourage the formers to apply for a job withthe latter.Selection as name implies, involves picking for hire a subset of workersfrom the total set of workers who have applied for the job. An attemptJanuary - March, 201335

The Indian Police Journalmany applicants are rejected. This makes selection a negative function.In contrast, recruitment is a positive function, because in it an attemptis made to increase the number of applicants per job opening.Training and DevelopmentAccording to Flippo, training is the act of increasing the knowledge andskills of an employee for doing a particular job. The major outcome ofknowledge during the training that helps him improve performance.and prepare himself for a higher level job. Training, thus, may be and bring about measurable changes in knowledge, skills, attitudeand social behaviour of employees. Development is considered to bemore general than training and more oriented to individual needs inaddition to organizational needs and it is most often aimed towardmanagement of people. There is more theory involved with suchcase with training. Usually, the intent of development is to provideknowledge and understanding that will enable people to carry out nontechnicalorganizational functions more effectively, such as problemsolving,decision-making and relating to people.Organization Development (OD)Organizations are never perfectly static. They keep on changing.Employee’s skills and abilities, therefore, require continual upgrading. the forces of change without adequate preparation and training. Asystematically planned way of managing this change is through theprocess of organization development. is planned, focused on an entire organization or a large sub-system,managed from the top, aimed at enhancing organizational health andeffectiveness and based on planned interventions made with the helpof change agent or third party who is well versed in the behaviouralsciences. (Back hard) Let us examine the important components of this• The change effort is planned and proactive.• Changes are aimed either at whole organization or anydepartment/division.36 January - March, 2013

The Indian Police Journal• Effort is managed from the top, integrating various parts of thesystem.The major focus is on increasing the capability for long-termeffectiveness, developing the organizations self-renewing capacity,including its ability to create new and innovative solutions to itsproblems.OD uses several interventions, such as process consultation(interpersonal relations and dynamics operating in work groups),team-building (aimed at helping work groups become effective attask accomplishment). Third party intervention (resolving differencesthrough an experience, knowledgeable third party), sensitivity training(training groups that seek to change behaviour through unstructuredgroup interaction), survey feedback (the use of questionnaire toidentify discrepancies among member perceptions, discussions followand remedies are suggested), etc.The changes are brought through a consultant—specialist. Initially, thethrough employee surveys. After identifying the problems, such asoverall climate through various means.RewardsPeople do what they do to satisfy needs. They choose to behave inways which will maximize their rewards. The most obvious rewardis pay, but there are many others. Intrinsic Rewards come from thejob itself, such as feeling of achievement, pride in doing a job, etc.Extrinsic Rewards come from a source outside the job, includingbe linked to performance as well to motivate high achievers to dowell. If rewards are allocated completely on non-performance factors,such as seniority, job titles etc., then employees are likely to reducetheir efforts. Nowadays, organization also use team-based rewards tomotivate empowered work teams to exceed established targets.SWOT Analysis to understand their external and internal environment. An effective January - March, 201337

The Indian Police Journalwhich capitalizes on the opportunities through the use of its strengthsand neutralizes threats by minimizing the impact of weaknesses. more structured and rigorous assessment of the Police Departmentstrengths and weaknesses, which are internal to the department, aswell as the threats and opportunities that the environment poses to thedepartment. It can also be used for making an objective assessment ofthe departments present state, which is essential for the appropriatestrategy formulation. The police being an institutionalized organizationface a number of environmental constraints. The developed plan forthe police would be addressing the controllable weaknesses andthreats to the department leveraging the strengths and endeavouring toexploit the opportunities available to the department.RecommendationsStrategic management of human resources does make a difference inmany ways. They enhance the internal capabilities of an organization todeal with current and future challenges to be faced by an organization.Rationally and logically planned excellent Human Resource Practicesalso energize people. There is a linkage between HR practices andorganizational effectiveness. The existing mistrust of the police amongthe public and the society are the hurdles that need to be overcome.There will be need to adopt problem-oriented proactive policingstrategies.Psychological stability, ethical character, personal integrity, physical expected from the Police personnel. performance appraisal, potential appraisal, employee welfare,feedback and counselling and organization development are someof the instruments of human resource practices. For ensuring properquality of service to people, it is necessary that the right persons arerecruited to the police service and given appropriate induction andperiodical in-service training. Majority of the Police Force belongs toConstabulary and Head Constable ranks. Hence, in case a qualitative assessment at the time of recruitment can be introduced.The importance of training is very obvious. However, training shouldbe based on assessment of the needs of different groups and individuals.38 January - March, 2013

The Indian Police Journal appraisal systems. Both inside and outside resources should be usedand enough attention should be paid to the preparation and revisionof training material, packages and modules. Continuous evaluationof training would also be necessary. The infrastructure facilities forimparting proper training to new recruits are highly inadequate in manyStates. Training should be a major component of police modernizationscheme of the Government of India. To attract the highly competentand motivated trainers, incentives need to be offered.Considering the growing need for technological advancement inpolice work, in areas, such as investigation of crime, public order,management, intelligence collection etc., there is an urgent need tofocus on specialization in the Police Organization.Organization Development is being seen as more and more importantin holding the diagnoses of problems of human resources in theorganization, taking steps for team-building at various levels, improvinggeneral morale and motivation of people, developing healthy valuesand trying out various ways of solving problems that are continuouslyfaced by the organization.Conclusions during vastly different times and for different needs. Centralizedbureaucracies, bound with archaic rules and regulations and strict ever-changing technologically advanced society.The absence of proper and integrated HR systems, particularly trainingand personnel management, are seen to be major impediments in theproper functioning of the police services.Managing strategically is increasingly a way of life for organizationsfaced with challenges. The burden of modern policing can be reducedby strategic management of human resources. In order to be successful,organizations and their managers will have to confront basic questionsregarding the formulation and implementation of strategy in theirorganizations. The area that will be getting much attention is HumanResource Management, because it will be central to implementing theneeded changes in the organizations. A process for changing the HRMfor dealing with the challenges before them.•January - March, 201339

The Indian Police JournalReferences Indianapolis. Oxford & IBH Publishing Co., New Delhi. Publishers Corporate HQ III River Street Hoboben N J 07030-5774. Resource with special reference to Future Needs of Policing in 21 stDirector PPA, Phillaur in 1999. 2/6 Ansari Road, Daryaganj, New Delhi. Pearson Education, Singapore, Indian Branch 482, F.I.E. Patparganj,Delhi. published by Excel Books, A-45 Naraina, Phase-I, New Delhi. published by Gyan Publishing House, Ansari Road, Dariyaganj, NewDelhi-2. Saga, A Functional Review of Indian Police, A Step towards GoodCollege Road, Pune-411 004. Cooperative Industrial Area, Mathura Road, New Delhi-44.12. Ghosh, S.K. (1991). ”The Betrayal of Police”, published by AshishPublishing House, 8/81 Punjabi Bagh, New Delhi-26.40 January - March, 2013

Victims of CrimeA Victimological ApproachDr. Vishwanath Paranjape*KeywordsVictimology, Victims of Crime, Fundamental Rights, Sovereign Immunity, AftercareCommunity Services, Compensatory Rights, Monetary Compensation, HammurabiCode, Restorative Justice, Reparation, Victim-Offender Mediation (VOM), SentencingCircles.AbstractThe victimological researches of the 10 th century have brought to fore,the problems and woes of victims of crime who have remained neglectedthroughout the process of Criminal Justice Administration. Initially, thecriminal justice in India was more focused on punishment aspect of crimeand sufferings of victims were completely overlooked. On the other hand,the prisoner’s constitutional rights were well protected even after hisconviction. In the wake of treatment reaction to punishment, the offendersetc., but little attention was paid to the miserable plight of the victimsof crime. However, with the emergence of Public Interest Litigation, thehigher courts take note of this lacuna in the existing Criminal JusticeSystem and started granting compensation relief to victims of crime, but acomprehensive legislation on this crucial aspect of justice is still awaited.The amendment of the Code of Criminal Procedure in 2008, undoubtedly,has a statutory beginning towards protection of victim’s rights and now itis for the criminal law administrators to implement the law in its true spirit.CRIMINAL Law has always discouraged the acts or omissions,which in general, can affect the rights of people and violatorshave always been punished with strict sanctions, but despiteAuthor Intro. : (Haryana).E-mail: vishwanathparanjape@yahoo.co.inJanuary - March, 201341

The Indian Police Journalthat the crime is not receding and the State’s efforts for preservationof peace in society are frustrated. The initial focus of Criminologistswas only on the punishment aspect of crime, but it shifted when theyrealized that the person who is victim of crime remains neglectedthroughout the process of Criminal Justice Administration, exceptthe so-called satisfaction of seeing the offender punished. Therefore,Jurists and Penologists in most countries started paying attention to thecause of victim in the form of compensation and the manner, meansand extent to which they could be compensated. Expressing concernfor the plight of victims of crime in the Criminal Justice System, Mr.Justice V.R. Krisna lyer observed:"The Criminal Law in lndia is not victim-oriented and thesuffering of victim, often immeasurable, are entirely overlookedin misplaced sympathy for the criminal. Though our moderncriminal law is designed to punish as well as reform the criminals,yet it overlooks the by-product of crime, i.e. the victim. 1 "The Supreme Court in a catena of cases has held that Right to Life isone of the basic human rights guaranteed to every person by Article21 of the Constitution of India, which cannot be abridged or abrogatedeven by the State. A prisoner, be he a convict or undertrial or a detenu,does not cease to be a human being even when lodged in jail and,therefore, he continues to be entitled to all his Fundamental Rights,including Right to Life guaranteed to him by the Constitution. Evenafter being convicted of a crime and deprived of his Right to Libertyin accordance with the procedure established by law, a prisoner stillretains the residue of constitutional rights. This clearly indicates thatso far fundamental rights or human rights are concerned, the law hasmarched ahead like a Pegasus, but unfortunately, the Governmentattitude still continues to remain conservative and more often thanthe plea of sovereign immunity.As it is, the existing Criminal Justice System seems to be more focusedon the care and attention of the accused rather than the victim of his/her crime. He has the right to be defended by a counsel of his choice,that too at the State’s cost in certain cases and extended a number ofprotections during the process of his trial. Even after his conviction,he is protected against the rigours of punishment under one or theother rehabilitative programme meant for the accused persons. Thus,punishment is more in the nature of treatment, correction, rehabilitation42 January - March, 2013

The Indian Police Journaland resocialisation through probation, parole and aftercare communityservices. The victim of crime, on the other hand, remains more or lessa neglected lot throughout this process.the Cr.P.C. (Amendment) Act, 2008, which states that ‘victim’ meansa person who has suffered any loss or injury caused by reason of theact or omission for which the accused person has been charged andincludes his/her guardian or legal heir.The U.N. General Assembly Declaration of ‘Basic Principles of Justicefor Victims and Abuse of Power’ which was adopted in NovemberArticles 1 and 2 which read as follows:"Article 1. (Victim means who individually or collectively, havesuffered harm, including physical or mental injury, emotional suffering,economic loss or substantial impairment of their fundamental rights,through acts or omissions that are in violation of Criminal Lawsoperative within Member-States, including those laws proscribingcriminal abuse of power.Article 2. A person may be considered a victim under this Declaration, prosecuted or convicted and regardless of the familial relationshipbetween the perpetrator and the victim. The term ‘victim’ alsoincludes, where appropriate, the immediate family or the dependentsof the victim and persons, who have suffered harm in intervening toassist victims in distress or to prevent victimisation."The term ‘compensation’ with reference to victims of crime denotessomething given in recompense, i.e. equivalent rendered. The purposeof compensation is obviously to make good the loss sustained by thevictim or legal representatives of the deceased. Generally, it refers tomonetary compensation, which is calculated in terms of pecuniaryloss as also the non-pecuniary loss.Evolution of Concept of Compensation to Victims of CrimeThe evolution of the compensatory relief to victims of crime can betraced, both historically and theoretically. Historically, the concept ofVictimology in a crude sense was not only part of Hammurabi’s Code,January - March, 201343

The Indian Police Journalbut also existed in developed sense in ancient Greek City-States. Theconcept of compensation was also not new to India as it existed ina more developed sense than the present one. Manu, for example,the assailant shall be made to pay the expense of the cure”. He furtheradds that he who damages the goods of another, be it intentional orequal to the damage caused. 3The penological reactions to crime have always been changing atdifferent stages of human civilization. A Number of theories have evolvedpertaining to ‘reaction to crime’, of which, the important ones are:(1) Retributive Theory, the object of which is satisfaction of society’sfeeling of vengeance, which the offender’s criminal act hasevoked.(2) Deterrent Theory, which believes in exemplary punishment soas to deter the offender from repeating his crime and at the sametime, setting an example for others to keep away from criminalactivities.(3) Preventive Theory, which lays greater emphasis on seggregationof the offender from the society and bring out his reformation,while he is jail.(4) Reformative Theory, which seeks to eradicate criminality andcriminal traits of the offender by the process of his reformationand socialisation.It must be stated that in the early stages of civilisation, the law laid greaterstress on compensating the victim rather than punishing the offender.In ancient India, Naradavictims by the offender in order to expiate his sinful act, i.e. crime. Thevictim of crime and his family occupied a central place in sentencingpolicies of ancient time. However, with the evolution of the Stateand reorientation of Criminal Justice System, the victim's central rolechanged to a marginalized one.Problems in adjudicating Victim’s Compensation !The basic problem one has to face while dealing with the compensatoryaspect of victim of crime is whether the compensation for damagecaused by crime is an objective of the criminal process? A decision on44 January - March, 2013

The Indian Police Journalthis point is equally important when the court imposes on the offender to the victim. The real problem for the adjudicating authorities is todecide as to which of these obligations, should take precedence overto satisfy all of them. It becomes all the more necessary, becauseoffenders often tend to be poor. However, the offenders charged witheconomic offences obviously have the capacity to compensate and,therefore, there is no problem in ordering them to pay compensationto the victim of their crime.Restitution to crime-victim involves two basic obligations - an property; and an obligation of the State, which failed to protect thevictim. State’s obligation is much more important, because it is theduty of the State to provide effective security to its people againstcrime and criminals. ln most of the modern democracies, State hastaken to itself the responsibility of protecting its citizens against crimes emergence of compensatoy jurisprudence in the realm of CriminalJustice System, the age-old practices of retribution, expiation etc., havebecome redundant and obsolete. 4Compensatory Relief to VictimsThe insistence of modern Criminal Justice System is on restorativejustice to the victims of crime. lt is a different approach to crime,which seeks to redress the harm caused to victims and reducingfuture harm by preventing crime. Restorative justice is a process,whereby all the parties with a stake in a particular offence cometogether to resolve collectively how to deal with the aftermath of the appropriate reparation is decided through a process of negotiationinvolving not only the offender and the victim, but also therespective families and social networks, who have also been harmedby the criminal act. The ultimate aim of restorative is ‘healing’ thewrong done. The harm done to the victim is redressed by makinggood the damage caused, the offender can be reconciled withthe victim and reintegrated back into his/her social and familialnetworks. Such reconciliation and reintegration helps in restoringthe societal harmony.January - March, 201345

The Indian Police JournalThe techniques adopted by countries all over the world forcompensatory relief to victims of crime primarily consist of mediationbetween the victim and the offender. Some of them are as under:• Victim Offender Mediation (VOM) ModelIt was originated in 1976 in Canada. This model consists of amediator, victim and the offender. They meet together and talkabout the offence, its effect on their lives, and their feelings aboutit. They negotiate and reach a mutual agreement for redressal ofdamages that occurred as a result of the offence.• Family Group ConferenceNew Zealand adopted this model in 1991. It consists of numberof members, such as coordinator, victim, offender, their familyand friends, police, NGOs, etc. Australia has also adopted thisas well. The family group conferences theory operates in twodifferent forms. One of them is known as ‘family empowermentmodel, which is based on the belief that children and families ofthe victim and the offender have a right to be involved in makingdecisions, which particularly affect their lives. In this model, thecoordinator is chosen by the process of agreement between theoffender and his/her family members with that of the victim andhis/her family members. First, the amount of reparation is agreedbetween the parties and it is only after that, the coordinator is The second form is known as the ‘offender restoration model’,which is also based on the family group conference theory. In thismodel, the coordinator or mediator remains present throughoutthe proceedings.• Circles Sentencing ModelThe credit of initiating this model of victim’s compensatory forumgoes to the Canadian Judge Barry Stuart of the Yukon Territorial Circles were constituted with the object of sharing justice withthe community. 5 These ‘healing circles’ seek to redress thecomensatory claims of victims of crime through a process ofnegotiation with the offender.46 January - March, 2013

The Indian Police Journal compensation, but the Panchayat system, which was operative in ruralareas during the pre-Independence era, did provide for the settlementof compensatory claims of victims with the help of village-head,supported by other ‘Panchas’ together with the victim, offender andtheir family members. The Village people generally did not want theinterference of the police in the village matters, which they resolvedthrough the village panchayat.Laws relating to Victims’ Compensation in IndiaThe legislative framework regarding compensation to victims of crimein India may be traced in two major legislations, namely, the Code ofCriminal Procedure,1973, and the Probation of Offenders Act, 1958,as also the Constitution of India.The power to award compensation is vested in Section 357 Cr.P.C.sub-section (1) and (3) vests power in the Trial Court to awardcompensation and sub-section (4) gives such power to the Appellate orRevisional Court. The court may appropriate the whole or any portionto the victim of crime. 6Sub-section (3) empowers the court, in its discretion, to order theaccused to pay compensation to victim of his crime even though noSection 358(1) of Cr.P.C. provides compensatory relief to the victim ofamount of compensation shall not exceed Rs. 100/- in such cases.Further, where a court convicts an accused on a complaint of a noncognizablehaving been committed by him, he may be ordered to paycosts to the complainant or in default, suffer Simple Imprisonment fora period not exceeding thirty days. 7 As regards recovery of amount ofthe victim, it can be made by attachment or sale of movable propertyof the offender or as arrears of land revenue. 8 Section 431 of Cr.P.C.A provision for compensatory relief to victim of crime also exists inSection 5(1) of the Probation of Offenders Act, 1958, which providesJanuary - March, 201347

The Indian Police JournalIn Rudal Shah v. State of Bihar 10 , the Supreme Court through ChiefJustice Y.V. Chandrachud observed:“One of the ways in which the violation of Right to Life andLiberty can reasonably be prevented and due compliancewith the mandate of Article 21 secured, is to punish itsviolators through the payment of monetary compensation.There must be direct and proximate nexus between thecomplaint and the arrest for the award of compensationunder Section 358 of the Cr.P.C. Any person is entitled tocompensation for the loss or injury caused by the offence,and it includes the wife, husband, parent and children of thedeceased victim.”In Sarwan Singh’s case 11 , the Supreme Court held that in awardingcompensation to the victim of crime, the court is to take intoconsideration various factors, such as capacity of the accused topay, the nature of the crime, the nature of injury suffered and otherrelevant factors. Power to award compensation to victims should beliberally exercised by courts to meet the ends of justice. The quantumof compensation must be reasonable depending upon the facts,circumstances, the nature of crime, the justness of the claim of thevictim and the capacity of the accused to pay. If there are more thanone accused, the quantum may be divided equally unless their capacityto pay varies considerably. The accused should be given reasonabletime for payment of compensation, and if necessary, it may be orderedto be paid in instalments.The Supreme Court in Balraj v. State of U.P. 12 , held that power toaward compensation under Section 357 (3) is not ancillary to othersentences, but it is in addition thereto.The compensation for illegal arrest and detention is an area whichunearthed new doctrines pertaining to compensatory jurisprudence,in India. Thus, in Bhim Singh v. State of J&K 13 , the appellant wasa member of the Legislative Assembly, who was arrested by thepolice in connivance with the local A.D.M. while on his way toattend the meeting of the Assembly. He was mischievously anddeliberately arrested and detained in Police custody in orderto prevent him from attending the Session of the LegislativeJanuary - March, 201349

The Indian Police JournalAssembly. Mr. Justice Chinnappa Reddy speaking for the court,observed :“When a person comes to us with a complaint that he has beenarrested and imprisoned with mischievous or malicious intentand that his constitutional and legal rights were invaded, themischief or malice and the invasion may not be washed away byhis being set free. In appropriate cases, we have the jurisdictionto compensate the victim by awarding suitable compensation.”In Bodhisattwa Gautam v. Subhra Chakraborty 14 , a case involvingrape of a woman, The Supreme Court ordered that the accused shallpay an interim compensation of Rs 1,000/- per month to the victim othis crime (i.e. rape) during the entire period of trial proceedings. Thecourt, inter alia observed:“Rape is a crime not only against the person or a woman, it is acrime against the entire society. It destroys the entire psychologyof a woman and pushes her into deep emotional crisis. It is,therefore, a most dreaded crime. It is violative of the victim’smost cherished right, namely, Right to Life, which includes Rightto Live with human dignity as contained in Article 21 of theConstitution.”The court in this case further noted that compensation to victim under convicted. It emprasized that there is no reason to deny the court, theright to award interim compensation, which should also be providedin rape cases.In the case of Dr. Jacob George v. State of Kerala 14 , the deceasedhad undergone an operation for aborting the child, but soon afterthe operation, her condition got worsened and she died due to somereaction of the medicines given to her. The Supreme Court in thisRs. one lakh, to be paid to the minor son of the deceased. The courtconvict (appellant) had already undergone. The court noted that themain object of the criminal justice is to provide compensation to thevictims of crime.Responding to the question whether the compensation paid by theHegde of the Supreme Court in State of Maharashtra v. ChristianCommunity Welfare Council of India 16 , held that it will depend on50 January - March, 2013

The Indian Police Journal whether it was beyond or in excess of his lawful authority. If it isand exceeded their lawful authority or duty, then they cannot escapeliability to compensate the heirs or legal representatives of the deceasedvictim.ln the case of R. Gandhi v. Union of India 17 , the High Court of Madrasdirected the State Government to pay Rs. 33,19,033/- as compensationas recommended by the Coimbatore District Collector to those familiesof Sikhs and others living in Coimbatore, who were the victims ofarson and rioting in the wake of assassination of the former PrimeMinister. Justice S.A. Kadar, speaking for the court, observed :“Legally and morally by all canons of fair-play, by all principlesof justice, equity and good conscience, the State of TamilNadu is bound to pay compensation to victims as assessed andThe Apex Court in its landmark judgement in D.K. Basu v. State ofWest Bengal 18 , observed as follows:“It is now a well accepted proposition in most jurisdictions thatthe monetary and pecuniary compensation is an appropriate andindeed an effective and sometimes perhaps the only suitableremedy for the redressal of the established infringement of thefundamental right to life of a citizen, by the public servants.The State is vicariously liable to which the defence of sovereignimmunity is not available and the citizen must receive the amountof compensation from the State, which shall have the right to beThe ratio laid down in D.K. Basu 19 , was followed by the High Courtof Andhra Pradesh in State of A.P. v. Challa Ramkrishna Reddy 20 ,wherein the court awarded Rs. 1,44,000/- as damages against the StateGovernment for the death of a person in Judicial custody. Rejectingdefence plea that the prisoner was put in jail in exercise of sovereignfunction and, therefore, State was under no obligation to paycompensation, the court held that the concept of sovereign power isnot an exception to the Right to Freedom of Life and the constitutionalguarantee of Right to Live overrides the theory of immunity of Stateaction.January - March, 201351

The Indian Police JournalIn SAHELI v. Commissioner of Police, Delhi 21 , the Supreme Courtdirected the Delhi Administration to pay Rs. 75,000/- as exemplarycompensation to the mother of a nine-year-old boy, who died due toregarding an offence.In Delhi Democratic Working Women Forum v. Union of India 22 ,seven Military jawans raped six village girls, who were travellingin the train. The court directed the Central Government to pay Rs.10,000/- to each victim as compensation and their names and identitybe kept secret to save them from social stigma. The Apex Court alsoschemes for such victims and expressed the necessity of setting upof a Criminal Injuries Compensation Board, which should decide thequantum of compensation to be paid to victims of rape after taking intoconsideration the pain, suffering and shock as well as loss of earningsdue to pregnancy and the expenses of childbirth, if caused as a resultof rape.Malimath Committee Report on Criminal Justice System inIndiaThe Government of India had appointed Malimath Committee in2004, to report on Police and Criminal Justice System under Dr. V.S.Malimath, former Chief Justice of Karnataka & Kerala High Court.The Committee made a detailed analysis of Indian Criminal JusticeSystem and gave recommendations on fundamental principles ofjustice, investigation, prosecution and functioning of the Judiciary. TheCommittee recognized that at present, the victims of crime do not getthe legal rights and protection they deserve, which tends to result intheir disinterestedness in the trial proceedings, as a result of which theCriminal Justice System is distorted. The Committee noted that unlessjustice to victim is put as one of the focal points of criminal proceedings,the system is unlikely to restore the balance as a fair procedure in thepursuit of truth. Justice Malimath pointed out that the UN System alsowanted Member-Countries to guarantee compensatory rights to thevictims of crime through their respective legal systems.Compensation to Victims of Crime in other CountriesThe Criminal Law jurisdictions of the continental countries havemostly recognized two types of rights for victims of crime, namely, the52 January - March, 2013

The Indian Police Journalvictim's right to participate in criminal proceedings, which includesright to be impleaded, right to know, right to be heard and right toassist the court in pursuit of truth; and secondly, the right to seek andreceive compensation for the injuries suffered and also appropriateinterim reliefs in the course of proceedings.The European countries assign a very active role to the victim or his/her representative in criminal proceedings. Thus, in France, all thosewho suffer damage or injuries as a result of crime, are entitled tobecome parties to the proceedings from the investigation stage itself.They can assist in investigation and move the court for appropriatedirections when the investigation gets delayed or distorted for whateverreasons. Victim's active participation in trial is considered helpful insupplementing the evidence as to loss, pain and suffering for decidinghis entitlement for interim reliefs and compensation.The assistance of the victim in criminal proceedings may help ineliminating the possibility of withdrawal or closure of proceedingson extraneous grounds, as he can resist the same. If victim is dead,or otherwise not available, this right should vest in next of kin. Itshould be possible for the Government welfare bodies and voluntaryorganizations registered for welfare of victim of sexual offences, child appropriate for a just disposal of the case.The Malimath Committee has suggested that right of victim should alsoextend to prefer an appeal against any adverse order by the Trial Court.by the affected victim as it entertains appeal against conviction 23 . TheCommittee found no credible and fair reason as to why an appealagainst acquittal should lie only to the High Court. The right to berepresented by a Lawyer is a constitutional right of every accused andthere is no reason why it should not be available to the victim as well.If the victim is an indigent person, the Legal Services Authority shouldbe directed by the court to provide a Lawyer at the State expense.It must be stated that the suggestions made by the Malimath Committeebrought about sweeping changes in the procedural law of crime bythe Code of Criminal Procedure (Amendment) Act, 2008, which cameinto force with effect from December 31, 2009. A new provision forvictim’s compensation has been inserted in the Code in the formof Section 357-A, which has far-reaching implications assuring thevictims of crime that they are no longer a neglected lot. 24January - March, 201353

The Indian Police JournalSection 372, as amended by the Cr.P.C. (Amendment) Act, 2008stipulates that the victim will not need the consent or approval of theprosecution agency to appeal against a court order. Prior to this, anthe amended provision will enable the victim to go in appeal againstan acquittal order passed by the court or against an order convictingthe accused of a lesser offence or where the compensation ordered isinadequate.Conclusion to the punishment of offenders, but it is also focused on the victimsof crime, who were hitherto a neglected people in the traditionalCriminal Justice System. Until the closing decades of 20 th century,the Criminal Law in India was more concerned with the protection ofrights of accused persons, but the rights of victims remained more orless unprotected. It was so, not because there were no protective lawsfor providing compensatory or other reliefs to victims of crimes, butbecause there was lack of sensitization in this vital area of CriminalJustice Administration. The victimological researches and studies ofthe later half of the 20 th century have brought to fore, the miserableplight of victims of crime, which eventually sensitized the Police,Investigating Agencies and the Courts to appreciate the needs andproblems of victims and provide them adequate relief, includingpayment of compensation in appropriate cases. Needless to say thatof crime and the catena of cases decided by higher courts in recentdecades amply shows that they are liberal in granting compensatoryrelief to victims of crime even if it is not claimed by them.Broadly speaking, the types of harm, injuries or damages for whichcompensation may be awarded to victims include:• Loss of life or of support;• Impairment of health, including physical or psychological injury,pain and suffering, both physical and mental;• Loss of liberty;• Loss of livelihood, income or earning;54 January - March, 2013

The Indian Police Journal• Loss of property or damage, which cannot be restored anddeprivation of the use of property;• Special damages or expenses and costs reasonably incurred bythe victim or his family dependents, in appropriate cases.Before concluding, it would be pertinent to refer to the suggestionsmade by Justice R.L. Narsimha 25 , who proposed that it shouldbe mandatory for the courts to record reasons for providing or notproviding the compensation to the victim of crime. In his view, thoughcompensation can never be a perfect solution for the redressal ofvictim’s woes, but still it is something which consoles him to someextent. The functionaries associated with the administration of criminaljustice should approach the problem in a holistic manner, so that legaland constitutional rights of victims of crime are duly protected andtheir faith in Criminal Justice System is not shattered.•Reference1. Justice Krisna Iyer : “Access to Justice -- A Case of Basic Change”, 1991.2. Inserted by Cr.P.C. (Amendment) Act, 2008 w.e.f. December 31, 2009.3. Manu Smriti, Chapter VIII, verse 287.4. The Seventh U.N. Congress on Prevention of Crime & Treatment ofOffenders was held in Milan (Italy) on November 29, 1985. It is knownfor ‘Milan Plan Action’. 6. The compensation ordered to be paid to victim u/s 357(1) may be forcosts, damage or injury suffered, loss caused due to death or monetaryloss caused due to theft, destruction, etc.7. Section 359(1) Cr.P.C.8. Section 421 Cr.P.C.9. Section 5 of the Motor Vehicles Act, 1988.10. AIR 1983 SC 1086 (compensation awarded for illegal and unlawfuldetention in prison).11. Sarwan Singh v. State of Punjab, AIR 2000 SC 362.12. AIR 1995 SC 1935.13. AIR 1986 SC 498.14. AIR 1996 SC 922.January - March, 201355

The Indian Police Journal15. (1994) 3 SCC 430.16. AIR 2004 SC 7 (para 10).17. (2004) Comp Cas 510 (Mad).18. AIR 1997 SC 610.19. Ibid.20. AIR 2000 SC 2083.21. AIR 1990 SC 513 see also Madina v. State of Rajasthan, 2001 Cri.L.J.4484.22. (1994) 4 SCALE 608.23. This right has been conceded to victims of crime by the Cr.P.C.(Amendment) Act, 2008 w.e.f. December 31, 2009.24. Section 357-A inserted by the Cr.P.C. (Amendment) Act, 2008. It consistsof six sub-clauses, which relate to compensatory rights of victims ofcrime.25. Formerly, Member, Law Commission of India.56 January - March, 2013

Fire in ForestTackling Maoist MenaceKeywordsDr. Satya Pal Singh*Insurgency, LWE, Naxalism, Maoism, Red Corridor, Local Support, Strategy ofSuccess, Tactics, Development of Central Forces.AbstractOver the years, thousands of civilians and hundreds of Police personnelbelonging to the State Police and Central Armed Police Forces havebecome the victims of Maoist violence. The murders of many Ministers, public representatives and continued fatal attacks on Police personneland damage to the private and public property in different parts of thecountry and Maoist’s rising political power in neighbouring Nepal havegiven a jolt to the authorities for realising the urgency of initiating effectivecountermeasures.IntroductionTHE Communist Rural Insurgency in various parts of the world isIndia and Maoism in Nepal. It has proliferated on a phenomenalscale in its ideology, logistics and areas since the Naxalbari uprisingAn armed peasant’s revolt against the landlord was led by CharuMuzumdar and Kanu Sanyal. But according to Sanyal, this was anarmed struggle not for land, but for State power. This underscores thepolitical objective of the party from its inception.Author Intro. :* IPS, Commissioner of Police, Mumbai.E-mail: allsatya@gmail.comJanuary - March, 201357

The Indian Police JournalThese two leaders became the torch-bearers of Naxalism in India andspread its romanticism to other parts of the country. In its heyday, theNaxal Movement attracted a multitude of promising youth, students,and weaker and marginalized sections of society.The Union and State Governments’ efforts to contain and curb theproblem of Naxalism have not borne the desired fruits. The divergenceand different perceptions in diagnosing the problem and regionalpolitical compulsions in tackling it have, in fact, helped move the Left-Extremist Movement ahead. Half-hearted measures are destined tomeet the defeat.Over the years, thousands of civilians and hundreds of Police personnelbelonging to the State Police and Central Armed Police Forces havebecome the victims of Maoist violence. The murders of many Ministers,public representatives and continued fatal attacks on Police personneland damage to the private and public property in different parts ofthe country and Maoist’s rising political power in neighbouring Nepalhave given a jolt to the authorities for realising the urgency of initiatingeffective countermeasures.The students of Communism know that Comrade Mao - the mentor Extremists are engaged in a political war - a struggle, which might goon for hundreds of years. The ups and downs are the accepted phasesof this political-social revolution. Every small or big contribution andevery martyrdom is a rung on the ladder taking them forward. Anydefeat or setback is an experience to learn and rectify its mistakes inthe long march to the alleged have-nots’ power.I. What is Naxalism/Maoism?Inspired by the leftist ideology of Marx, Lenin and Mao, it is a politicosocio-economicmovement manifesting in law and order problem,threatening or capable of threatening the very foundations of ademocratic society.II. Extent of Problem has split into more than two dozens of groups of different names58 January - March, 2013

The Indian Police Journaland slightly varied ideological moorings. The Movement in IndiaPradesh, Chhattisgarh, Jharkhand, Maharashtra, Andhra Pradesh,Tamil Nadu, Kerala and Karnataka Provinces. The problem in Bihar,Orissa, Jharkhand, Chhattisgarh, Maharashtra and Andhra Pradeshhas assumed serious law and order problems. About 160 Districtsare affected in 13 States in India. In the last few years, the Nepalexperience has given a new hope to the Maoist militants and they arebeginning to gain the upper hand as compared to the Police and Army.The Maoists have, in fact, captured the power in Nepal in alliance withother political parties.Among the major Naxal groups, the CPI (Maoist) has emerged as thecontinuous offensive against the police and persons coming in its way.prominent Naxal leader in Andhra Pradesh. The CPI-ML-Party Unity -a powerful Naxal group of Bihar had merged with it in 1998. Afterthat, serious efforts were made to achieve unity with MCC (MaoistThe Maoist militants have also developed links with other terroristgroups operating in North-East, Jammu & Kashmir and Communist Partyof Nepal (Maoist). Recently, it has come on record that Manipur-based,Kishenji and Ganapathy of CPI (Maoist) had signed a Memorandum ofUnderstanding (MoU) on October 22, 2008 for extending help to each The PLA cadres imparted two months' basic Military training, guerrillawarfare tactics, communication training and provided wireless in techniques of laying landmines and other uses of explosives by theLTTE of Sri Lanka. Also, over the years, the Movement, despite itssplintered character, has received encouragement and support fromvarious Maoist and Communist organizations operating in differentparts of the world.January - March, 201359

The Indian Police JournalThe notions of a red corridor from Nepal to Andhra Pradesh or agolden corridor from Ahmedabad to Pune are exaggerated, butNaxals have enlarged their base and areas of militancy. Not a daypasses without any Naxal incident in the country. The problem is quiteto Government of India, the Naxalism today has become the singlebiggest challenge to the internal security of the country, followed byterrorism. Every visionary person and a policeman would know that it war against a very intelligent enemy in jungles, hills and sparselypopulatedterrains - mostly inhabited by tribal and other marginalizedsections of society.III. Strategy of MaoistsMaoist militants are using a double-edged weapon of allurement andintimidation to create a mass base in the villages. They are buildingup village-level cells among the youth, farmers, labourers, women,in the cities. Interior areas, the Maoist cadres learn the local languages,respect the cultures of the people and try to integrate themselves withfront organizations spanning the whole spectrum of society taking upmany social-political issues, organizing agitations, demonstrationswrite-ups against the Government. Maoists have District, Regional,State-level and Central Committees deciding and disseminatingthrough their strategy of two-way communication. Maoists have theirplain-clothes revolutionary cadres in cities merging in the environmentand running dens and organizing material supplies as well as incitingthe front organizations.In forest areas, the Maoists have their armed Dalams (groups) in olivegreenMilitary uniforms. They are equipped with simple as well assophisticated weaponry, almost mastering the techniques of layinglandmines and using explosives in myriad ways. They have wellestablishedchannels of printing and circulating their clandestineliterature. Even our Electronic and Print Media has not been unkind tothem. Their immediate aim is to make the Government Administrationtotally ineffective and discredited and turning the masses in their60 January - March, 2013

The Indian Police Journalfavour; and to overthrow the present semi-colonial, semi-feudal,system in the country and establish new democratic revolutionaryrule - the democratic dictatorship of four classes - workers, peasants,petty-bourgeoisie and national bourgeoisie under the leadership of theproletariat and based on worker-peasant unity. Through tactics andarmed revolution, they ultimately wish to carve out a DandakaranyaState in the Central India and so-called democratic-republic in Nepalbased on socialism and communism.IV. Strength of MaoistsBefore talking about the strategy for tackling Maoist violence in theregion, we must know what are the pillars of their strength in theaffected areas.According to me, if we generalize, there are only three:• Support of LocalsRightly or wrongly, whether under fear or for favour, the vastmajority of weaker sections of society (tribals, dalits, marginalizedfarmers, etc.) are either supportive to the Maoists or totallyneutral to the administration. Local people provide recruits, food,shelter and intelligence network to Maoists and are lured intotheir village-level cells whether of farmers, labours, students,women and children. Majority of the locals see the Maoists astheir benefactors. It is widely believed (correct to a large extent)that Maoists created a class consciousness among the tribals,provided them freedom from the exploitation of contractorsand Government servants; helped to get them higher wages;encouraged them to exploit the prohibited forest produce andencroach upon forest—Government land with almost impunity.Some pseudo-intellectuals give all credit to Maoists for forcing theGovernment to undertake large-scale development activities inNaxal-affected areas, forgetting a reality that Maoists themselvesare a big hindrance to development works.• Source of Easy FundsMaoist cadres are collecting huge amount of funds from their areasestimate - it runs into more than Rs. 100 millions a year from theState of Maharashtra alone, where the Districts of Gadchiroli andJanuary - March, 201361

The Indian Police JournalGondia are badly affected. Their front and supportive organizationsare working in Chandrapur and other cities of Maharashtra. Inbadly-affected States like Jharkhand, Chhattisgarh, a sizablechunk of the Government money earmarked for developmental the Maoists purchase and or manufacture their weapons,ammunitions and provisions; organize training camps, build anetwork of informants and run secret dens in cities.Money is coming mainly from Tendu / Kendu leaves (used formaking beedis for smoking - a natural version of cigarettes)contractors, Paper Mill Owners/Contractors, the contractorsworking for Forest Department and other developmentalagencies as well as other small sources. The major chunk of thismoney is not through extortion, but is what they call protectionmoney. Most of the Contractors and delinquent public servantshave developed the modus vivendi - a kind of strange relationswith Maoists, where both parties share the exploits of theseundeveloped areas. Many employees of some departmentsgive a share of their (enhanced) salaries for working in Naxalaffectedareas to Maoists to ensure their safety and enjoying theirdereliction of public duties. Of course, Maoists try to maintain• Synergy of Hills, Jungles and Interstate BordersForest and hilly terrains and contiguous Interstate borders arebeing used as training ground and safe sanctuaries by Maoistmilitants. Vast tracts of jungles and interstate borders havebecome big barriers for smooth police operations. Jungles are agreat equalizer of force and if I quote one British CommanderLt. Col. S.M. Mans, who commanded the operations against theCommunist insurgents (other name of Maoists) in Malaya in 1950sthat because of jungles, “Never in the history of warfare have sofew been chased so much by so many for such a long time.”Therefore, it is a daunting and debilitating task and not simply apolicing job for any law and order problem. Non-apprehension ofthe sandalwood smuggler, Veerappan, by the combined SpecialTask Force of Karnataka, Kerala and Tamil Nadu States for manylong years underscores the synergic advantage of jungle terrainsto the activists of extremism and insurgency.62 January - March, 2013

V. A Strategy of SuccessThe Indian Police Journal warrants a multi-disciplinary, multi-departmental and unconventionalcannot tackle the deep-seated malaise, and the history of the last about40 years has proved it. Such an unconventional problem cannot bedemolish the pillars of strength of the Maoist Movement. Many maynot agree, but it requires the same strategy that is being employed bythe extremists themselves, with only one difference that we have toput the gears of their strategy in reverse order. Following are some ofthe measures for maiming the moorings and slashing the strength ofMaoist Movement:1. Winning the Minds and Hearts of Local PeopleThis is the most important requirement for the State Administration tobe successful against this low - (not any more) intensity and protractedHow is it possible?• Every human society wants its progress. Tribals and locals arenot the exception to it. So, creating a stake of locals in their owndevelopment is the foremost requirement.• Some people have an erroneous assumption that along with thedevelopment of an area, the Maoist problem will automaticallyvanish. This is not true, as insurgencies have occurred at all levelsof economic development except at the highest or the massconsumption level. Interestingly, in Latin America, insurgencyhas occurred in countries with high levels of development asCuba, Venezuela and Colombia.• One of the few comprehensive studies on the relationshipbetween economic factors and insurgencies found a curvilinearrelationship between Gross National Product (GNP) per capitaand political violence. It suggested that there is no simplerelationship between economic factors and the outbreak ofviolence. The study of 24 insurgencies since 1946 in differentparts of the world, as quoted by Jerry Tinkar revealed that the levelof economic development of a country provides no immunity toJanuary - March, 201363

The Indian Police Journalinsurgency. There may, however, be some relationship betweenGNP per capita and the level of violence. The study also foundthat insurgency is not restricted to countries with rural low-densitypopulation or having low adult literacy.• The most pertinent question is: “Can anyone say that afterpumping about hundreds of millions of rupees in the affectedarea in India, the Maoist problem has lessened or the locals havebecome favourable to the administration?” My answer to thesequestions is a big ‘No’. Then what does it portray and clearlyconvey?The message is simple and straight. The locals are not withthe administration and we should admit it. Even their passiveneutrality is advantageous to the Maoist militants and an obstaclefor the security agencies. Building up roads, bridges and thehas shown little improvement in the quality of life of the locals.telephone as symbols of development, but the tribal and localsfeel otherwise.• Unless we involve the locals, create a stake of theirs in their owndevelopment, not much is going to change. And, for creatinga stake of locals in the process of their own development, werequire the gearing up of the entire administrative machineryand not just the police alone. Today, the coordination amongstdifferent Government Departments hardly exists, or even if itdoes, it exists mainly on paper, as far as anti-Maoist strategy isconcerned.The Involvement of the Locals in the Development ProcessIt may be accomplished simply by implementing the Centrallegislation - generally referred as FRA Act or the Scheduled Tribes andOther Traditional Forest Dwellers (Recognition of Forest Rights) Act.2006.To do away the historical injustice (during the colonial period as wellas in Independent India) to the forest dwelling Scheduled Tribes andother traditional forest dwellers, the Central Government come outwith this revolutionary and promising Act called “The ScheduledTribes and Other Traditional Forest Dwellers (Recognition of Forest64 January - March, 2013

The Indian Police JournalRights) Act of 1996 called ”Extension to the Scheduled Areas Panchayats Actand the Maharashtra State Amendment to Panchayats Act, 1997”. ThisAct recognizes and vests the forest rights and occupation of forest landin forest dwelling tribes. It also gives the right to protect, regenerate orconserve or manage any community forest resource, to Gram Sabha. ItAccording to this Act, ‘Gram Sabha’ means a village assembly, whichshall consist of all adult members of a village and in case of Stateshaving no Panchayats, Padas, Tolas and other traditional villageinstitutions and elected village communities, with full and unrestrictedparticipation of women.According to the Act, ‘minor forest produce’ includes all non-timberforest produce of plant origin, including bamboo, brushwood, stumps,cane, tussah, cocoons, honey, wax, lac, tendu- or kendu-leaves,medicinal plants and herbs, roots, tubers and the like.Case of MaharashtraThe State of Maharashtra also passed the Act - The MaharashtraPanchayats in Scheduled Areas for Self-Government, 1997. But thisAct failed to incorporate the spirit of Central Act generally referredas PESA Act or the Extension to the Scheduled Areas Panchayats Act,1996. Unfortunately, the implementation of the Act had hardly seenthe light of the day, barring one or two provisions and that too at a fewplaces. The Act had not found favour with policy planners and otherpowers to local people. The cry of social activists had fallen on deafears.Gadchiroli DistrictThe worst affected District in the State with Naxalite problem presentsan ideal example of ground realities. The Naxalite problem startedthere approximately 30 years back. Certainly, it was and still is, themost backward District of the State. More than Rs. 15,000 millionshave been pumped into the District for development activities by theGovernment so far. Signs of area development in the form of roads,bridges, schools, hospital, Panchayat buildings are clearly visible. Butfor the local tribal people, there has been hardly any change. TheirJanuary - March, 201365

The Indian Police Journalchildren have better literacy level and more Government works toearn wages. But they feel deprived of the privileges and powers theyused to enjoy before political independence of 1947 and certainlybefore British clamped their controls in these areas in late 19 th century.The alienation is alarming.Gadchiroli District gets about Rs. 600-1,000 millions in Tribal Sub-Planannually. In return, this District, rich in natural resources, providesabout Rs. 1200-1500 millions revenue to the State Exchequer. Much ofthis revenue stems from the sale of Tendu leaves, timber and bamboos.As I mentioned earlier, in the last 30 years, around Rs. 15,000 millionshave been allocated, used and misused in this District, but qualityof life of the tribals have marginally changed and the Naxal problemcontinues unabated and accentuated.Path We Missedit honestly and comprehensively. Only the Police Department is askedto explain about the continuity of such a complex phenomenon.The Secretaries of concerned Departments have hardly botheredabout it or were ever asked to explain the negligible return on hugepoverty alleviation programmes, the Planning Commission of Indiahas stated with great anguish and sadness that had the money been bureaucratic machinery, their economic condition would have beenmuch improved. The story of Tribal and Agency Areas DevelopmentProgrammes is the same irrespective of the names of different schemesin various States. And, the same might be true about our immediateneighbour Nepal.One is never too late to embark upon the path of progress. Thereare two workable options. First, we may distribute the budget to theVillage Panchayats and let the Gram Sabha decide what plans andprogrammes they would like to execute, as per the provisions ofnew Act. Let the bureaucrats extend the help and guidance, but notdictate the whole village community or Panchayat in this endeavour.Let us encourage the villagers to become contractors, businessmen,labourers, Government servants etc., so that the locals become a partand parcel of the development process.66 January - March, 2013

The Indian Police Journal of forest for tendu-Ieaves collection or bamboo-cutting cuts no ice,because even in the present system of tendu collection, the Forestdo it (plucking, drying, storing) or for that matter the tribal, who workfor paper mills in cutting the bamboos.Now, the locals and tribal are illegally cutting the forest, encroachingupon its land, because it does belong to the Government. In theproposed scenario, it would belong to the people. These simple, buthistorical decisions on the part of the respective Governments, willcreate a stake for development in the minds of the locals as it will be:• their own forest (property of Gram Sabha and not of individuals) ;• their own roads, bridges, schools, hospitals etc. ;• their own Panchayat system of dispute resolution.System of JusticeOne of the major irritants the tribal society is facing today is ourCriminal Justice System. There is no need to elaborate it. IndianCriminal Justice System has already collapsed under its own mountingweight and various intrinsic problems. Justice is a far cry especiallyfor the poor. Today, the standard of justice, as written by the Greekhistorian Thucydides about 2,400 years ago, depends on the power tocompel. The strong do what they have the power to do and the weakaccept what they have to accept. The Supreme Court of India recentlysaid that the laws enforcing agencies and prosecution have become theengines of oppression. This is one of the main reasons that the Maoistshave adopted to holding People’s (Praja) Courts - Jan Adalats as one oftheir important tactical tools. They dispense rough and ready justice,and are becoming popular. This forum of Jan Adalat is being used bythese militants for dissemination of their ideology, programmes andcollection of funds as well as discrediting the Government system.The powerful antidote against the above problem has to be in customary village elderly Panchayats, encourage and reorganize themfor dispensation of justice at least in all civil and non-serious criminalcases. Now, the Supreme Court is also advocating for adoption ofLok Adalats - the alternative mode of dispute resolution instead ofapproaching the courts every time. Now, Lok Adalats are in existenceJanuary - March, 201367

The Indian Police Journalin most of the States, but are not very active. Maharashtra has takenresolution scheme) in rural areas and doing an excellent work. But thisscheme has not been able to make much impact in Maoist-affected the locals be given authority to manage their village affairs as theyused to do it in pre-Independence days. A least governed State is thebest administered. In February 2012, the M.P. State has resolved morethan 30 lakh disputes/cases in one day by activating all GovernmentDepartments, local bodies, etc.The above measures will make the locals proud of their self-reliant andpeaceful orderly society. They will prosper very soon as they will beable to decide their wages, their plans, their progress and be the mastersof their own destiny. Spoon-feeding and subsidies give no self-esteemand provide no sustainable development anywhere in the world.Development prerequisites a sense of pride for any society. Today’s and competence of our tribal, creating a sense of dependency.The State Government should start mobile courts in affected areas,visiting all the Taluka/Tehsil places and big villages, to listen to thegrievances and resolve/decide the disputes of people.Psychological WarfareBesides, Government must go all out to wage a psychological warfarethrough propaganda and publicity, using mass media and all theGovernment Departments to turn the masses against the Maoists. TheMaoist or Extremist ideology must be countered by a more powerfulideology - touching the hearts and minds of people. An ideology canbe countered by an ideology and not simply by ballot box or bullets.This kind of ideology must be conceived and designed by a group ofextremism. All the poverty-alleviation programmes and individual andthe area must repeatedly be shown. The sincerity of the Governmentto bring the tribals and marginalized sections of society out of themorass of poverty and alienation must be stressed. Simultaneously,the instances and incidents of thwarting the development work by theMaoists must be highlighted.68 January - March, 2013

The Indian Police JournalThe Government, barring some stray or individual aberrations on theof the tribals and other poor sections of the society. It should be doneby the Information and Publicity Department by creating an exclusiveAll political parties, as happened in Andhra Pradesh, must cometogether on one platform to speak against the Naxals in one voice. Forour long-term interests and development of the area, the politiciansmust eschew their differences and present a united front. The politicaldifferences and petty interests create a vacuum for an alleged altruisticpolitical platform as usurped by the Maoists.minds of all sections of the society - farmers, labourers, students,women, youth and children by creating different exclusive cells andearlier, with their own strategy simply by putting the gears in reverse.Effective organization and mass mobilization is a must to thwart thecity life.Reach of the AdministrationThere is no need to overstress this point that any area maladministeredor unadministered or having political vacuum is highly susceptible tothe pangs of extremism or insurgency. The State Governments would retirement will be unable to produce results. This changed initiativeSecondly, the shifting and regrouping of the small isolated scatteredvillages, hamlets, padas, tolas would provide better administrative anddevelopmental facilities, besides enhancing the security environment.For example, in 1491 total villages of Gadchiroli District, 47% villageshave population below 300 and 76% villages below 600. Vandoli andMakkapalli villages have only one household each. The new villagescan offer much improved living conditions, such as new houses,sanitation, accessible drinking water, medical treatment, schools,adult literacy institutions, ration shops, improved cultural facilities,opportunities to market native crafts and collect minor forest produce.January - March, 201369

The Indian Police Journala Minimum Support Price (MSP) for minor forest produce - the tendu-(kendu) leaves, bamboo, and non-timber products like mahua, charoli,tamarind, beheda, which are source of income for tribal people. Thismeasure will give a sort of freedom to gullible tribal people from theexploitation of middle men/agents, who try to buy their products fora pittance or barter the produce by giving the tribal a bottle of liquoror some salt. The smaller isolated villages provide shelter to extremistsand render them vulnerable to Maoist violence.1. Change in Surrender PolicyAn interaction with and interrogation of most of the surrenderedMaoists would reveal that they are not highly-motivated ideologically,except the senior or committed cadres. After a Naxal surrenders, he/she is given some lumpsum money, but not any gainful or sustainableemployment. They also risk the threat of being attacked by activemilitant cadres. Hence, most of them stay in and around PoliceHeadquarters/Stations and do some labour work for earning theirlivelihood. If an offer is given by the Government that all cadres, whowill surrender, will be recruited in District Police, I am sure half ofthe Naxal cadres will come forward surrendering. This policy offershould be given a time-frame - say one year to begin with, so that it isnot misused. Some basic policy guidelines can be decided regardingthe parameters of recruitment - like physical standards, educational offences. The Ministry of Home Affairs, Government of India, NewDelhi has issued some guidelines from time to time. And, accordingly,some CAPF battalions were raised in North-East, Punjab and Jammu-Kashmir States. Recently, Chhattisgarh has also recruited surrenderedMaoists cadres in its State Police. Instances are rare, where a militant,after being recruited and trained in Government service or police, lefthis job and rejoined the militant cadres.2. Cutting the Source of Funds Arresting or eliminating a few cadres or leaders would not tackle theproblem, because new cadres take over the leadership immediately.Hence, cutting the regular source of money is of paramountimportance. In the extremist-affected Central India, the contractual70 January - March, 2013

The Indian Police Journalsystem of tendu-Ieaves collection is the main villain. The collectionof tendu-Ieaves is the most important economic activity in the areagiving employment to tens of thousands of people, though onlyfor a short span of 15-20 days. In Gadchiroli District alone, aboutRs. 500-600 millions are disbursed as wages to labourers. It alsocontributes about Rs. 500 millions to State coffers as royalty. TheNaxalites collect around Rs. 100 millions as protection money fromthe contractors and one-day wages, as contribution, from the labourers.In all the areas and activities of contractors’ operations whethercollection of tendu-Ieaves or construction of roads or Governmentbuildings or cutting of forest timber, the Maoist cadres have compelledthe contractors to pay much higher wages to labourers as compared toGovernment rates. The Maoists are happy because of the huge fund theyextract and so are the labourers, for having got higher rates of wagesbecause of the militants. Contractors, forest and other developmentrelatedbureaucracy are also happy for obvious reasons. In extremist- on the premise that contractors are not readily available. For somegenerated. In the Contractor system, police is also happy in day-to-dayaffairs as it has no hassles. However, the State is the biggest loser, asthe State has to put in millions of rupees in the area for strengtheningmade stronger by our own faulty policies.In late 1980s, the Andhra Pradesh and Maharashtra had switchedover to departmental collection of tendu-Ieaves under pressure fromsecurity agencies. Border Road Organization (BRO) was brought inthe area for the construction of roads and bridges basically to eliminatethe source of funds to Maoists emanating from private contractors. Butwe have messed up the whole set-up by reverting back to contractualcollection of tendu-Ieaves after a few years, much to the chagrin of thelaw and order machinery. Thanks to the well-entrenched vital vestedinterests in the region and in the corridors of power.The best solution lies in giving the ownership of tendu-leaves,along with other forest produce, to local Gram Sabhas. The CentralLegislation, the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006 has given ownership rights forall non-timber forest produce to village community. Government willJanuary - March, 201371

The Indian Police Journalthe support price and market-mechanism for the tendu-Ieaves, whichis not a big problem. Maoists cannot extract the money from all GramPanchayats for fear of losing the people’s support and thereby gettingThe second solution, but a somewhat less effective one, would be thecollection of tendu-Ieaves by the Department (Forest) only through theContractor system is also a dying phenomenon, because every year,rate of wages to labourers is increasing (much more in Naxal-affectedareas); money is to be paid to Naxals and the Forest Department can’tsell all the tendu-units (an earmarked forest area) below the offset pricewon’t come forward to purchase. But waiting for that time to dawnwould be too costly. The number of tendu-units not being soldbecause of the quoted (tendered) price being less than the offset priceis increasing year after year and the Forest Department itself has to getit organized and tendu-Ieaves collected.Even if both the above suggestions are not acceptable to policy-makers(but non-acceptance will help the Maoists) at least the State Governmentsmay come up with an administrative order envisaging that after givinglabourers will be accepted. At least if not in the entire region, this kindof Government Resolution could be implemented in Naxal-affectedareas. Then the credit for increasing the wages of labourers would goto the Government and not to the Naxalites. It will help wean away thelocals from the fold of Maoists.Similarly, let bamboos be auctioned or sold by the Gram Sabhas tothe Paper Mills or Contractors operating in the region. The villagesMendha (Lekha) and Maarda in Gadchiroli District have shown the redeemed the self-esteem to villagers. Money will go to the villagersand the village-coffer. The loading of trucks and maintaining the supplyat depots should remain to be the responsibility of the Gram Sabhas.The Government, of course, will keep on getting its royalty as of now.In the new scenario, the Maoists cannot force the Paper Mills to payprotection money because, if they do not pay, the Maoists may not be72 January - March, 2013

The Indian Police Journal(a usual trick played nowadays). If the Maoists do this, the suffererswill be the local villagers. Also, harassing the villagers will be counterproductivefor Maoists in the long run. Again, the ownership of GramSabha over bamboos will remove the long-standing irritant betweenthe locals and the administration, which the Government is selling thebamboos to locals for customary requirements at a rate about ten timeshigher what the Paper Mills are required to pay.The experiment in villages Mendha-Lekha and Maarda, in Dhanorathe initiative, sustained demand and undying spirit of a few villagecommunity leaders, like Mohan Hirabai Hiralal, Devaji Tophe, therights of the villagers on the ownership of bamboos in village limits,were recognized in 2009 and handed over in a function by the ChiefMinister of Maharashtra in the presence of Central Minister Shri JairamRamesh and the Home Minister of State on 27 th April, 2011. Thevillage Mendha-Lekha has shown the way. The villagers got almostand collected/deposited about Rs. 80 lakh in Gram Sabha account forthe management of forests and village development and that too in justone year. This experiment has led the residents of about 400 villagesin the District to demand the replication and implementation of theScheduled Tribes and Other Traditional Forest Dwellers (Recognitionof Forest Rights), Act, 2006. However, the alleged deep nexus of Paperreal tribal welfare.Thus, we will be able to cut the mass base and source of funds toMaoists to a large extent. The villagers and tribal will have gainfulemployment, their economic condition will greatly improve andabove all, they will reclaim and regain their lost self-esteem. Therewill be hardly any recruits for Maoists. These two measurers will bringMaoists on their knees. About 50 to 60% of the problem of Naxalism/Maoism would get reduced.3. Breaking the Barriers of TerrainThe Police ResponsePromoting disorder is the objective of the Maoists, which is cheap tocreate and very costly to prevent. They may beat brutally or kill anyJanuary - March, 201373

The Indian Police Journal ransom to get released their jailed comrades. It is impossible for police may attack a lonely Policeman/Post or Station in the jungle or inan isolated area and thus, all the Police Posts and Stations are to beprotected, policemen in one, two or three strength, would not be ableto venture into interior areas so on and so forth. It is a war where theextremists need so little to achieve so much, and the police need somuch to achieve so little. Unfortunately, almost in all the States facingextremist problem, much emphasis is on increasing the manpowerrather than enhancing the effectiveness of the Police Force alreadyin place. Andhra Pradesh has done extremely well in raising andtraining a specialized police unit called ‘Grey Hounds’ for anti-Naxalmost important ingredient for stamping success is the mental attitude ofexperience, it can be stated that in manpower, training, weaponry, Maoists. In fact, there is no comparison to the extremist cadres. Butwe are way behind and miserably failing as far as commitment to thecause is concerned.The Maoist senior cadres, whatever we say for them - the lumpenelements, frustrated, distorted or criminals - the seniors of them haveone superior quality, an attitude of mind to do or die, a will to becomea revolutionary or a martyr, a dogged determination to achieve results.Otherwise, how many will take to jungles, suffering starvation andsleeplessness, facing snakes, malaria and typhoid and always on the or frustration sets in - they leave the organization or surrender to theGovernment.Use of Technologycannot be overemphasized. The used of UAV (Unmanned AerialVehicles) having the latest cameras - capable to penetrate the treefoliage, GPS sets, Satellite phones, Light NVD (Night Vision Devices);scrambler wireless sets for communications or which cannot becompromised, the latest equipments for interception and analysis ofphone-conversation; the erection of mobile towers in affected areas,74 January - March, 2013

The Indian Police Journalthe Thermal Imagers for enhancing surveillance around the PoliceStations/Camps are some of the issues, which must get the top priorityof policy-planners. The issuing of UID (Unique Identity Card) passes tothe residents of areas will help isolate the Naxal cadres from the localpopulace.Intelligence-based operationsIntelligence-based operations for chasing the senior leaders are need or neutralisation of lower cadres do not decidedly dent the Maoistorganization.Population Control MeasuresPopulation control seeks to accomplish restricting the Movementof the Maoist cadres and to separate them, both physically andpsychologically from the general population. To further this, extremistand public movements should be regulated through the institution ofcollective responsibility meaning thereby that hosting the extremistsby one in the village, attending the meeting of extremists, providingthem food etc., blocking the roads by felling trees etc., should holdor curfew for 2 days may be thought of. Alternatively, the villageSarpanch, police patil and other village-elders should be punished.Every member of a village, above 12 years of age, must be registeredwith the District Administration and be issued an Identity Card. For allthe regulatory measures, Government should consider the enactmentof an appropriate law.The Deployment of Central Forces (Standard Operating Procedures) are different from local (State) Police.Secondly, there is always a command and control problem on theground. And, if the District/Unit Commander happens to be a little affects the real-time operations. Thirdly, whenever any battle, onextremism, insurgency or terrorism fronts, has been won, it was whenthe State Police was in the forefront. CAPFs can support, help in areadomination,fortifying the security umbrella, but expecting them toJanuary - March, 201375

The Indian Police Journalwin the situation for State Police will be an utopia. The deploymentof Central Armed Police Forces for us, the show of force or the statusquoitsapproach of the police will not be able to alter the groundrealities or make an effective dent on Maoist apparatus.Three-Point Formula for PoliceThe strategy of success for police, according to me, revolves on theacceptance of following three principles:• 1st Principle: First movers are the winners. In this competitiveThis principle is equally applicable to the domain of corporateinsurgency and counter-offensive. If we want to win the war ‣ effective coordination and cooperation amongst the affectedNations, States, Districts or Teams;‣ better weaponry and logistics;‣ collection and timely use of operative intelligence;‣ laying ambushes;‣ wooing the locals and weaning them away from the Maoistsfold through a policy of all-out friendship and all-out forceor with an iron hand in a velvet glove; and‣ establishing village level cells for all sections of society.• 2nd Principle: “God is on the side of best shots.” The famousFrench political thinker, Voltaire, had said, ‘God is on the sideof not heavy battalions, but of best shots.” It underscores thepre-eminence of training and training - a meticulous sustained‣ courage, commitment and loyalty to the cause we aresupposed to advance;‣ physical endurance and mental alertness;‣ ‣ expertise in jungle warfare and tactics; and‣ team-spirit and empathy.76 January - March, 2013

The Indian Police JournalTraining and more training in all aspects of jungle warfare andcounter-insurgency will be the harbinger of success. Like in thedemanding world of aeronautics, every part and component -however minute it may sound - is tested and approved beforelaunching and every time, without fail, before any aeroplanetakes off. The same type of preparedness and perseverance is• 3rd Principle: “The snake in a home is to be searched, driven outor neutralized.”This principle may sound to some as violative of animal orhuman rights. But for our own survival, in our everyday life,almost everyone, except the sickly and coward, believes in it.The Maoist militants have declared a war against the State. Everymember of the security agencies is an enemy to them. They donMilitary uniform, are always armed with illegal and sophisticatedweapons and in search of targeting policemen. They do notbelieve in the constitution or in a democratic system. Violenceis their guru-mantra. They have maimed and killed thousands ofinnocent people and brutally attacked policemen. Vehicles ofsecurity agencies and public representatives have been blastedby the use of landmines. Should the security agencies wait foris a question of killing or be killed, who would prefer to be killedinstead of taking the other’s life? Let us face the reality instead ofbelieving in the rhetoric.At the end, I would like to reiterate again, that serious, well-coordinatedand unconventional decisions are the need of the hour as half-heartedor delayed measures are destined to meet the defeat.•January - March, 201377

Resolution of‘Civil Disputes’ by PoliceKeywordsUmesh Sharraf*, IPSCivil Disputes, Resolution, Litigation, Lok Adalat.Abstractfor their grievance redressal actually do not come with a complaint, whichdiscloses commission of a cognizable offence. A very large proportion ofthese minor disputes in the community are what is called “civil disputes”.Most Police Manuals and Rules actually prevent the police from taking aproactive role in settlement of such disputes. There is a mismatch betweenthe pressure of the community’s expectations and the conventional limitsplaced on the police role.A system-oriented effort to resolve such civil disputes was made by theauthor as Commissioner of Police in Vijayawada to provide an effectiveAnumber of citizens who come to Police Stations and Senior come with a complaint, which discloses commission of acognizable offence. A very large proportion of these minor disputesin the community are what is called “civil disputes”. In a very largenumber of cases, the citizens come with money or property disputeswhich require resolution.Due to endemic delay in civil procedure, most of these citizenshesitate to approach Civil Courts and look for speedy resolution toAuthor Intro. :* JMD (Vigilance & Security), AP TRANSCO, Hyderabad.E-mail: usharraf@rediffmail.com78 January - March, 2013

The Indian Police Journaltheir disputes. They look to police for providing this resolution andwhen they are told that the police has no role to play in civil disputes,they end up losing whatever little faith they have in the police system.civil disputes with more interest than their legitimate mandate. Inmany cases, civil matters are given the colour of cognizable offences,FIRs got issued, and the heavy-handed police methods used to “settle”the matter. Needless to say, this is often done with the connivance ofand antisocial elements have proliferated, who specialize in settlingredressal forums still more effective than the Civil Courts. Manytimes, unresolved civil disputes lead to commission of crime as well. with the bestof intentions also soon fall victim to allegations by vested interestsand get entangled legally. In many cases, lawyers who are affected byMost Police Manuals and Rules actually prevent the police from takinga proactive role in settlement of such disputes.For instance, the Andhra Pradesh Police Manual states in OrderNo. 322 as follows:“Problems arising out of Civil Disputes – Duties of PoliceMany persons approach the police for protection on accountof threats to their safety due to disputes relating to property.Several complaints are also presented in writing. A good numberof complaints pertain to forcible dispossession or possession ofproperties by use of violence or by hired goondas, or relate todisturbances or where habitual land-grabbers or criminalsyndicates are involved, etc. There are also cases, wherein agroup of people, when they face an immediate threat, approachthe police for relief. While the police should not interfere into thedisputes, which are purely of civil nature, they cannot shirk theirresponsibility of protecting persons against injury or trespass,particularly when the people complained against are powerful orhired goondas. The following instructions are, therefore, issuedJanuary - March, 201379

The Indian Police JournalOrders of the Civil Court should be implemented and all any civil dispute is likely to give rise to an imminent breach of interpose for the purpose of preventing, and shall, to the best ofhis ability, prevent, the commission of any cognizable offence.CP/DGP. In dealing with these cases the SHO should make acontemporaneous record of every action that he takes in the”It is clear that if there is use of force or any other penal provisions oflaw are in breach, the police can interpose proactively. If however,there is merely a civil dispute, does the above order empower thepolice to do anything other than take “preventive action”? It does notappear to be so.Let us take a look at what the Andhra Pradesh High Court (JusticeV.V.S. Rao in Lakshmamma and Anr. v. Commissioner of Police andOrs. {2004 (2) ALD Cri 477, 2004 (4) ALT 175}) has had to say aboutthe involvement of police in civil dispute settlement:“…there has been civil litigation between petitioners and 662 of 2001, it is for the Criminal Court to decide the matter.Police have no role in the same unless they are ordered toenquire into the matter under Section 156(3) of Code of CriminalIt is well settled that police cannotinterfere in civil disputesof on 21-11-2003, I have considered the question regardingthe power of police to interfere in civil disputes and coercepeople to compromise civil disputes. After referring to my earlierjudgement in S. Masthan Saheb v. P.S.R. Anjaneyulu, 2002 (2)the Code of Conduct for the police prescribed by Union of India80 January - March, 2013

The Indian Police Journal as under:The Supreme Court has repeatedly held that when the disputeis purely of civil nature, the jurisdiction under Article 226 ofthe Constitution cannot be exercised. The Supreme Court alsorepeatedly laid down that when the dispute between the twocitizens is of civil nature and no crime is registered, police haveno jurisdiction to interfere in the civil dispute. Further, when thereis a civil litigation either before the Court of Law or before theTribunal, the police have no jurisdiction to interfere in the civildisputes. Further, when there is a civil litigation either before aCourt of Law or before a Tribunal, the police cannot interfere andeven if a complaint is made in relation to such dispute pendingin a Civil Court, the citizens have to be advised to resolve thedispute through a duly constituted Court of Law.In the scheme of the Constitution of India, the duty to resolve civildisputes is entrusted to Judiciary. Police have no such power. Anyinterference by police in a pending civil dispute or a potentialcivil dispute between two citizens or two groups of citizens is notwithin the province of the police.…Without registering the crimeand without any reason the police cannot interfere…”.Needless to say there is a catena of similar judgements from differentHigh Courts and the Supreme Court reiterating the above position.How does the Media look at such interventions by police? Here is areport from 'The Times of India' in Hyderabad:“… in a bid to rein in Police personnel, who of late have takento use of force to settle civil disputes, and thereby making moneyon the sly, the Government has toughened the rules that governarrests in civil disputes. The new rules, forming part of the recentlyapprovedAndhra Pradesh Police Manual (APPM), state thatpermission of the respective District Superintendent of Police or theDeputy Commissioner of Police of a concerned zone, in case ofurban areas, is necessary to arrest people charged under civil cases.nature. It was brought to the notice of the Government that Policeand coercing them to settle disputes with opponents. With priceJanuary - March, 201381

The Indian Police Journalof lands in urban areas shooting up, settling civil disputes relatingpolice excesses pour in mostly from urban centres. According tocomplain about the high-handedness of the SHOs and other PolicePolice personnel to use the threat of arrest and settle the disputesbetween two groups’, the sources said. The Home Departmenthas also received complaints that some of the unit heads were alsoencouraging their subordinates to settle civil disputes on the pretextof the complainants approaching rowdies after the police refusing”.Community Policing and Civil DisputesHowever, solving of these minor disputes in the community is a genuinefelt need and should be part and parcel of community policing. US that promotes organizational strategies, which support the systematicuse of partnerships and problem-solving techniques, to proactivelyaddress the immediate conditions that give rise to public safety issues,such as crime, social disorder, and fear of crime.The focus of most Community Policing initiatives is to improve thedelivery of police services and solving of minor/civil disputes in thecommunity may be only a peripheral component of any scheme. mismatch between the pressure of the community’s expectations andthe conventional limits placed on their role. Therefore, police has tothe framework of law.Mediation is a negotiation process in which the parties, with theassistance of a mediator, attempt to reach a solution to their disputethrough a series of offers and counter-offers. The parties retain controlover the outcome of the process (i.e., whether to settle and the termsof settlement). The mediator facilitates communication betweenthe parties and helps them generate possible solutions to a dispute.Mediation is characterized by extensive negotiations between the82 January - March, 2013

The Indian Police Journalparties, and focus on both traditional and non-traditional terms ofagreement. The main law governing mediation in our country is “TheArbitration & Conciliation Act” of 1996. This Act provides for bothArbitration & Conciliation.Alternate Dispute Resolution MechanismThe concept of Conciliation was introduced in the Statute of IndustrialDisputes Act, 1947. The Conciliation is generally conducted by anIndustrial Disputes Act, 1947 provides provisions for the parties tosettle disputes through Negotiation, Mediation and Conciliation.Alternate Dispute Resolution plays a major role in the family disputessettlement. Section 5 of the Family court Act, 1984 provides provisionsfor the association of social welfare organizations to hold FamilyCourts under control of Government. Section 6 of the Act providesfor appointment of permanent counsellors to enforce settlementdecisions in the family matters. Further, Section 9 of the Act imposesan obligation on the court to make effort for the settlement beforetaking evidence in the case. The Indian Contract Act, 1872 mentionsArbitration Agreement as an exception to Section 28 that renders anagreement void if it restrains a legal proceeding. Alternate DisputeResolution whether sought for or not in a contract can be easilyinferred from presence or absence of the ‘Arbitration clause’. AlternateDispute Resolution procedures are mostly divided into two segments:Adjudicatory and Non-Adjudicatory. In case of adjudicatory process,case reaches a stage where decision gets a binding effect, for example,in case of arbitration. The other is non-adjudicatory; it contributesto resolution without adjudication, such as process of Negotiation,Mediation, etc.Section 89 was introduced in 1999 to Civil Procedure Code, whichformulates four methods to settle disputes outside the court namely,Arbitration, Conciliation, Mediation and Lok Adalats. Section 89(1) ofCivil Procedure Code provides for settlement of disputes outside court.There are certain lacunae in this section. Firstly, it is not clear whetherreference by court to Alternate Dispute Resolution is discretionary ormandatory. Secondly, there are few details in relation to opinion ofexpert mediators and conciliators’ compensation. This Section doesnot come to the rescue of the common man, who is either reluctant orincapable of hiring Lawyers and approaching Civil Courts.January - March, 201383

The Indian Police JournalThe above-mentioned Alternate Dispute Resolution mechanismsare corporate-friendly. Commercial parties enter into contracts withArbitration Clause. Most of the companies resort to Alternate DisputeMany institutions have been established for the purpose of AlternateDispute Resolution implementation. However, the class of minor/civildisputes, which plagues all Police Stations, does not lend itself well toabove mechanisms.Of greater interest to us is Part III of the Arbitration & Conciliation Act,1996 which deals with conciliation. Section 73 of the Act reads:“(1) When it appears to the conciliator that there exists elementsof settlement which may be acceptable to the parties, heshall formulate the terms of a possible settlement and submitthem to the parties for their observations. After receiving theobservations of the parties, the conciliator may reformulatethe terms of a possible settlement in the light of suchobservations.(2) If the parties reach agreement on a settlement of the dispute,they may draw up and sign written settlement agreement.If requested by the parties, the conciliator may draw up, orassist the parties in drawing up, the settlement agreement.(3) When the parties sign the settlement agreement, it shall bethem respectively. and furnish a copy thereof to each of the parties.”Therefore, the police can use Section 73 of the Arbitration &Conciliation Act, 1996 to have two disputing parties come to a mutualsettlement.However, considering the nature of the polity and the social discoursein our country, a better recourse is to the Chapter VI-A of the LegalServices Authorities Act, 1987 (amended in 2002), which deals withpre-litigation conciliation.Lok AdalatLok Adalat is essentially an evaluation process in which a panel ofneutral Lawyers, Judges, and prominent citizens proposes a settlement84 January - March, 2013

The Indian Police Journalafter hearing the facts and claims involved in a dispute. Limitednegotiations may take place during Lok Adalat. There is rarely anydirect communication between the parties or any extensive give andtake regarding their settlement offers.If a system is to be evolved where the police act as the facilitator toresolve these minor disputes in the community, then such a systemwould need to necessarily satisfy these conditions:••• • It should not attract adverse attention of the courts and should bewithin the perceived boundaries as proscribed by law.“Pre-Litigation Counselling Forum”A system-oriented effort to marry Mediation with Lok Adalat was madeby the author as Commissioner of Police in Vijayawada to provide This mechanism was called “Pre-Litigation Counselling Forum”. Theimportant thing to note is that more than 5 years after the transfer of thewith wide acceptance from public. Sub-Collector, under the orders of the Collector of Krishna District,as the headquarters of the Collector was not in Vijayawada, but inMachilipatnam), Vijayawada Municipal Corporation (through theMunicipal Commissioner) and the Police (through the Commissionerof Police) 2 days aweek. Petitions seeking redressal of civil disputes are received on theother 3 days. Parties to the disputes are summoned and counselled onthe days of sitting and the resultant compromise, if any, is producedbefore the Lok Adalat, sitting in the MSJ court premises, on the sameAct, 1987. This implies that the moral force of the three most importantJanuary - March, 201385

The Indian Police Journalnon-appealable award passed by the permanent Lok Adalat in theevening, brings lawful closure to the dispute.The Sub-Inspector of Police Central Complaints Cell is the Nodal Forum and he produces the required documents and written reports.[In Units that do not have a separate Central Complaints Cell (thisCell was got sanctioned by the author to coordinate, process andmonitor petitions made to the Commissioner of Police), this work canwings like the Special Branch or the District Crime Records Bureau.of the Sub-Collector and attends the Forum on every sitting day andalso follows up the disposal to the Metropolitan Sessions Judge for theLok Adalat award. All the 3 departments produce monthly roster ofthere is or any department in the Forum and thesystem also ensures that there is no bias or vested interest by any onein the settlement of cases. The best proof of this is that in the nearly7 years in which this Forum has been functioning, no allegation wasmade against the Forum unlike other casesup before the courts for ‘meddling’ with civil disputes.Critical Design ComponentsThe critical design elements in this System were:••dispute or the redressal. targeted.• Three departments’ involvement brings ownership of the systemto the entire administration, thus police achieves its objectiveswithout the attendant entanglements.• The redressals are balanced, fair and not forced. Recalcitrantlitigants are allowed to pursue their routine avenuesof redressal.86 January - March, 2013

The Indian Police JournalA Flow Chart of the processes in this Forum is as follows:January - March, 201387

The Indian Police JournalThis Forum was actually appreciated by the Lokayukta of A.P. and thematter was also brought up in the A.P. High Court (by Lawyers, whoand theHigh Court found nothing objectionable in the working of the Forum.The Forum had heard about 3,187 petitions till October 2011 of whichas many as 1,445 petitions were successfully compromised at almost46% success ratio. Criminal cases were registered in 186 instances,73 cases were referred to the concerned MROs and 36 cases referredto the Municipal Corporation (VMC). 1,263 cases were closed due tovarious reasons and only 132 cases were posted to next adjournment.Types of Dispute Resolutions (2004 – 2011)All the complaints received in this Forum could be divided into thesebroad categories:• Family disputes.• Disputes with neighbours/other people.• Money disputes.• Landlord/Tenant disputes.• Disputes relating to nuisance/other issues.• Land disputes.88 January - March, 2013

Types of Disputes (2004 – 2011)The Indian Police JournalConclusionThis type of Forum can be thought of in all units to provide a quick andeffective administrative solution to a long-pending need of the citizensand generate immense goodwill for the police in the public. In biggerDepartments and the Local Municipality/Corporation. In the districtswhich do not have a Municipality, it could be the Police, Revenue andthe Panchayat Raj Departments. The Police Unit Heads would have toenthuse their District Collectors to take up the leadership role in thefunctioning of the Forum and would need to provide the “back-end”support for the Forum to be sustainable.•January - March, 201389

An Approach to formalizingthe Technical Investigationof Cyber Crime within LawEnforcementR. Thilagaraj* & N. Kala**KeywordsCyber Crime, Technical Investigation, Law Enforcement, Cyber Forensics, CyberAttacks, Hacking.AbstractThe objective of this paper is to widen the discussion surrounding thescores of global issues and the challenges of Cyber Crime investigation withtransnational scenario associated with Cyber Crime and the rapid growthof cyber criminality that are likely to occur. The perception of CyberCrime investigation focusing on Indian Law Enforcement perspective areintroduced by taking into consideration the following stages of initiation,assessment, risks, impact, planning, tools, training action and outcome soas to enable a structured approach in conducting a rigorous approach toCyber Crime investigation. Such a formalized structured framework willenrich the cyber forensicators with a better understanding of the multifariouselements of emerging networked technology.IntroductionINTERNET has gone beyond imagination since its inception in by Tim Berner Lee. “The world wide web” has now transformed theworld into a global village. Digital communication and interaction hasgrown to nearly two-thirds of world population. This has contributed infrastructure, and fundamental aspects of modern society.Author Intro. :* Professor and Head, Criminology Department, University of Madras, Chepauk,Chennai. Mylapore, Chennai.90 January - March, 2013

The Indian Police JournalCyberspace has transmuted the global economy in a phenomenalway. The scale of cyberspace usage and its magnitude and increasedacquiescence of Internet demonstrates a global obsession, whichleads Internet to an intrinsic and compelling part of society’sday-to-day activities. Increased number of communications via e-mail,chat, social networking, huge volume of online shopping, Internetbanking, gaming, purchase of online gifts, travel tickets, online the dependence of young on the Internet. The outcome of the surveywas that 75% of the young could not survive without the Internet andthey belong to the age-group 16 to 24 years. Besides all its usefuladvancement of technology, Internet provides ample opportunity forunscrupulous individuals performing undesirable activities caused bythe ease of access, open nature, and increased anonymity facilitated inthe virtual world.Crime and the InternetCyber Crime is a type of crime that involves the abuse of Information10 th UN Congress on Prevention of Crime and Treatment of Offenders,in a workshop:(1) “Cyber Crime in a narrow sense (computer crime): Any illegalbehaviour directed by means of electronic operations that targetssecurity of computer systems and data processed by them.(2) Cyber Crime in broader sense (computer-related crime): Anyillegal behaviour committed by means of, or in relation to, acomputer system or Network, including such crimes as illegalprocessions [and] offering disturbing information by means of acomputer system or Network.”The Computer Crime and Intellectual property Section, US Department computer-med activities, which are either illegal or considered illicit bycertain parties and which can be conducted through global electronicnetworks.”Common examples of Cyber Crimes frequently encountered can bedemonstrated by offences, such as online cyber-fraud, identity theft,intellectual property theft, cyber-stalking, cyber-bullying, groomingJanuary - March, 201391

The Indian Police Journaland adult and child pornography. The anonymity of the Internetfacilitates the criminals to cause different types of Cyber Crimes,such as spamming, phishing, hacking, and denial of service, Networkintrusion and spreading of virus, worms and Trojans. The criminality commit cyber-warfare, cyber-terrorism, distribution and disruptionof information, netspionage and cross-border attacks targeted acrossboundaries. Cyber Crimes are potential threats in virtual world equallyapplicable as compared to physical attacks.Cyber Crime Worldwide to steal information surreptitiously. Anonymity in the Internet offersorganized criminals to target not only home users, even business,Government agencies and the like. This can be performed from the of international legislation or cooperation between countries to aidin investigations and arrest. As a result of this nefarious activity oforganized criminals, who operate in the cyberspace, the globe isexperiencing a serious economic crisis. Cyber criminals or online into varying vectors. These are tabulated hereunder:Sl.No.Professionalpositions categoryFunctions and area ofoperation1. Programmers Develop the exploits and the malware used toCyber Crime.2. Distributors Trade and sell stolen data and as voucher for thegoods provided by other specialists.3. Tech. Experts Maintain the criminal enterprise’s IT infrastructure,including servers, encryption technology, database,etc.4. Hackers Persons who search for and exploit applications,systems, and network vulnerabilities.5. Fraudster Individuals, who create and deploy various socialengineering schemes, such as phishing and spam.6. Hosted systemprovidersProvide service of hosting of rogue servers and92 January - March, 2013

The Indian Police JournalSl.No.Professionalpositions categoryFunctions and area ofoperation7. Cashiers Individuals, who control drop accounts andprovide names and accounts to other criminals forfree.8. Money Mules Persons who complete wire transfers betweenbank accounts.9. Tellers Persons, who are charged with transferring andlaundering illicitly-gained proceeds through digitalcurrency services10. OrganizationleadersMotivationPersons without any technical skill, who oftenassemble the team and choose the targets. Leaders,quite often, initiate the indiscriminate attacks. Theymay either operate individually or with others incoordination. For this purpose, they contractprofessional programmers and hackers, who takethe task of creating, propagating the maliciouscompetitive intelligence and like through phishing,bots, web defacement, fake web pages, etc.Motivation is the key component in understanding the hackers. Itmotivation helps to answer several questions, such as:• hacker?• Is the system of interest is valuable or enticing?• Answering these questions will provide for a better risk assessmentand risk mitigation strategies. Motivation generally falls into followingcategories:‣ ChallengeBreaking into computer systems or Network, was a challenge andstill it is one of the most common motivation. Another aspect ofnetwork.January - March, 201393

The Indian Police Journal‣ GreedOldest form of known criminality. Motivation of hacking includes can be targeted.‣ Malicious IntentMalicious attacks are targeted to be focused on particularorganization, denying the use of system resources to thelegitimate owners. Cyber attacks on organization of interest maybe launched by hackers, through the use of malicious software orform a major part in investigating a crime. The threat caused bymalicious attacker may be either disgruntled internal employeeor a hired hacker, in order to launch attack against informationasset.Networked EnvironmentInternet Crime Complaint Center (iC3, 2010) annual report, demonstrateshow ubiquitous the online crimes have becoming, affecting people inall demographic. Further, how iC3 adapts itself to cater to the needs ofthe public and law enforcement. Detailed information about variousCyber Crimes committed, victims and the perpetrators are being listed.The following map illustrates the georgraphical distribution of casesacross US. (Source: iC3 Annual Report, 2010)Figure 1: Geographic distribution of cases (USA)94 January - March, 2013

The Indian Police JournalFigure 2: Yearwise referrals via iC3 website (USA)Cyber Crime report has estimated that United States tops the list with23% of the crime, followed by China - 9%, Germany - 6%, UK - 5%,Spain - 4%, Italy, France, Turkey, Poland, India - 3% each; Canada,Russia, Mexico, South Korea, Taiwan and Japan - 2% each, Australia,Argentina and Israel - 1% each and all other countries together 19%.The countries where data is not available are not included. Variation in the collection of data. India is at a threshold of organizing the datacollection in a more systematic and comprehensive method in all ofits States.Figure 3: Cyber Crime - Top 20 countriesJanuary - March, 201395

The Indian Police JournalThe Map below illustrates top ten countries by count: Individualcomplaints (iC3, 2010):Figure 4: Top 10 countries by count: Individual complaints by rankNationwide Cyber CrimesOut of the total number of Cyber Crime Cases reported in India(NCRB) in 2009-2010, Maharashtra tops the list with 17%, followedby Karnataka - 13%, Kerala and Andhra Pradesh - 12% each,Punjab - 9%, Gujarat and Chhattisgarh - 6% each, Tamil Nadu - 5%and the rest scattered. The Cyber Crimes cases registered in bothIT Act and IPC were taken into consideration. The following Chartrepresents the nationwide crime statistics in %age and its extent inIndia. The following Table illustrates various security incidents handledby Computer Emergency Response (CERT-in) in India.96 January - March, 2013

The Indian Police JournalCyber Preparedness compelling the Government to develop a counter-strategy to deal suspect Pakistani and Chinese hackers for being responsible for mostof these attacks, and have asked Security Agencies to jointly map outthe cyber infrastructure of neighbouring countries as part of a ‘cyberpreparedness’ strategy.These agencies have been asked to study the web security layoutof ‘suspect countries’, as knowledge of security standards, as wellas software and encryption capabilities is required for unleashinga counter-attack. The mapping of cyber systems of other countries,including their Internet gateways, routers, IT system layouts, and webheld last month.”Ubiquitous Internet, the range of opportunities, spectrum ofinfrastructure and access to devices spread across Internet, has to beviewed as a complicated and massive, both in terms of technologycomponent and human component. Various forces that are tobe considered are social, cultural and skill level of the criminals. Understanding the complicated issues of technology and humanbehaviour in order to analyse and develop a model and its dynamicnature is the need of the hour. Cyber criminals use sophisticated andrapidly evolving advantage of technology due to anonymity. Globally,Law Enforcement personnel are experiencing the threat and arereacting appropriately. The challenges include:• Changing technology provides ample opportunity, if propersecurity is not implemented;• Victims are globally spread;• E-crimes are not being reported;• Volatile nature of the technology;• Jurisdictional issues;but are not limited to the above-mentioned challenges.Law enforcement has to keep pace with technical advancement,distributed acquisition of evidence, presentation of evidence inJanuary - March, 201397

The Indian Police JournalCourts/Jury and periodic training programme to update their skillsand knowledge. It has become inevitable for Law enforcement tounderstand the implication of Cyber Crimes and needs a structured/formalized approach in Cyber Crime investigation.Emerging Characteristics of Cyber CrimePrimary objective of a cyber criminal is to target the informationthat is an asset to any organization. Crimes are categorized based onmalicious intention caused by motivation. Motivation falls into fourcategories. Motivation may be due to greed, challenge and maliciousintent. A comprehensive discussion of criminal intention is beyondthe scope of this paper. Based on the value of the information asset,different forms of Cyber Crimes are being committed. These include:cyber-fraud, identity theft, cyber-bullying, denial of service, childpornography. The means through which these crimes are committedare by crimeware. Crimeware may be a virus, worm, Trojan, keylogger, malicious code and the like. Considering the forms and meansthrough which these attacks are targeted, the main objective falls intothree categories:• Collection of information;• Distribution/dissemination of the information collected thereof;and• Use the information to perform further attacks.The magnitude and impact of such targets becomes apparent.Understanding these objectives and underlying technology involvedif the type of attack exhibits polymorphism causing coordinated attacks collecting the evidence, consideration must be given to electronicevidence that is scattered globally.Exploitation TacticsCyber criminals operate to target information assets available innetworked environment to cause extensive combination of attacksthrough covert channels. The attacks are caused by vectors : a98 January - March, 2013

The Indian Police Journalcrimeware/malware to execute deception techniques. Attack cycle isrepresented below:• ReconnaissanceFigure 5: Exploitation TacticsSeveral forms of information-gathering is done effectively throughaddress, Phone number system, Internet-based as well as physicalreconnaissance-based on the sources from which information isgathered.Internet-based reconnaissance wherein the attacker performs astealth scan in order to identify the systems on the Net, servicesrunning on the remote machine, operating systems that arerunning on the remote system, including the vulnerabilities inthem. ‣ Telephone reconnaissance: In this type, the attacker exploits war dialling: a method uses a system to dial several phoneJanuary - March, 201399

The Indian Police Journalnumbers looking for modem carrier having detected modem,it allows to compromise the system that answers to the call. ‣ Wireless Reconnaissance: Information-gathering using thenetwork information using the wireless network. Tracingany wireless network by scanning is called war diving.• Social EngineeringA method of gathering information through non-technical meansinstead of exploiting through the vulnerabilities or exploits.• Gaining accessThe next stage is to gain access. Attackers gain access by enteringinto the remote system through vulnerabilities and exploit themthrough least privilege, subsequently, raising their privilege toadministrator level and compromise the systems using somepassword cracking tools. Once the vulnerabilities of system andnetwork are compromised, attacker has full control over thesystem/network and the privilege escalation would contribute toperform malicious activity.• Maintaining accessNext stage that follows the gaining access stage is the maintainingaccess. The attackers operate to either upload or download thecritical information. As long as the information hunted for is notobtained, attackers maintain their access on the compromisedsystem/network. In order to enable this, sophisticated tools arebeing misused by the hackers. In a physical data theft, the objectthat has been stolen would not be available, whereas in electronicMedia, the object/data that is lost will be available and stolen too.By the time the victim realizes the incident, it would be a longway.Evasion TechniquesEvasion is the process of criminality, wherein the offender tries toavoid detection. Distributed Network, technical complexity, scattered Technically savvy offender can clear the entry into the victims systemor the network, leaving little or no traces.Assessment and ResponseCrime. Consideration for wider range of exploits, volatile nature of100 January - March, 2013

The Indian Police Journalevidence, makes investigation inadequate if a generalized approachis sought. There is a growing need for a formalized approach ininvestigation of Cyber Crime. A process, that takes its information frominitial assessment. Offences are covered in the Information TechnologyAct (2000, 2008). Indian Penal Code have also been amended tocover various offences. Legal considerations that ensure Forensic datarecovery, lawful evidence-gathering techniques that is rigorous andall-inclusive is the need of the hour. Jurisdictional issues must also beconsidered. All these can be achieved only by way of investigatingthe Cyber Crime through a formal approach and it should be able toidentify the basic requirements during stages of investigation. Formalapproach can be mapped into the following investigative strategiesthrough Cyber Forensics.Cyber ForensicsCyber Forensics, Computer Forensics, electronic discovery and digitaldiscovery is a process of methodical examination of computer storageMedia for evidence of criminality. A thorough analysis by a skilledexaminer can result in the reconstruction of the activities of a computeruser. In other words, Cyber Forensics/Computer Forensics is thecollection, preservation, analysis and presentation of computer-relatedevidence. Computer evidence can be useful in criminal cases, civildisputes, and human resources/employment proceedings. Examinationof systems and networks can be of two types: one being post-incidentanalysis and the other is proactive analysis. Once an offence iscommitted, the storage media are sent to Forensic lab for analysis. Inthe case of Proactive Forensics, the computers and networks used inbusiness, banking and industries, necessitates a proactive examination,involving remote monitoring of target computers, creating a trackableelectronic documents, recovery of theft of data and the like. BasicForensic tools and techniques and Forensic services infrastructurebecomes mandatory.The pursuit of Cyber Crime detection using Cyber Forensics has twomain objectives:• Detection and documenting Cyber Crimes through a disciplinedmethodology to assists the Law Enforcement Agencies toeffectively present their case to the Judiciary and punish thecriminals.January - March, 2013101

The Indian Police Journal• To prevent the occurrence of Cyber Crime in vulnerableinstitutions like Industry, Government organization, aircraft andother critical infrastructure requiring security from loss, pilferageand mishandling by accidental or intentional manipulations.Computers or Networks can be used as a tool for committing a crime.Computer or Networks can be the targets of a crime. Computer orNetworks can be used for incidental purposes related to crime. Digitalevidence can be on standalone systems, Networks or Internet. Good Illustration given below represents the evidence recognition trianglestarting from the electronic crime scene till such time the case is triedin the court.A formal Cyber Forensics Methodology is essential for globalrequirement. Evidence collected from various sources must be testedfor authenticity, reliability, completeness and be free from interferenceor contamination. Various phases that are involved in Cyber Forensicslife cycle or, in other words, Digital Forensics processing cycle involve:Initial assessment of the case under investigation is followed bythe collection phase. Digital evidence collection must be madefrom varying number of storage devices, perimeter devices andthe Internet. The next stage involves the preservation of theevidence. Since Cyber Forensics involves evidence collectionfrom different storage media, due care has to undertaken toensure evidence integrity and legality. The media from whichthe information is to be collected must not be exposed to heat,102 January - March, 2013

The Indian Police Journal process documentation method would facilitate a solid evidence.Analysis phase involves a trustworthy effort to thoroughly analyze are used to perform the analysis, detailed method of analysis bedocumented, date and time issues must be correlated and theresults of analysis must be properly interpreted. A detailed Plan ofAction during analysis will help to prevent committing mistakes,which otherwise could lead to evidence being inadmissible.Event reconstruction is the next phase, wherein past events arereconstructed with as little distortion or bias as possible. Finally,for either a trial in the court or internal investigation, as the casemay be.Conclusion critical infrastructure. Home users, social networks, business/corporatenetwork are the operation of communication through the use ofInternet. A major concern of the criminality in the Internet is globaleconomy. The technical complexity has made Cyber Forensics a majorchallenge, both for the Law Enforcement and Forensics personnel aswell who are reacting to this growing threat. More formalized andstructured approach facilitated by a way of best practices, policies andprocedures is the need of the hour.•References1. 10 th UN Congress on Prevention of Crime and Treatment of Offendersavailable online.2. FBI Homepage, visited on July 2010.3. iC3 Annual Report, www.iC3.gov, 2010.4. CERT-in Annual Report, 2010.5. http://articles.economictimes.indiatimes.com/2011-12-03/news/30471838_1_cyber-attacks-hackers-symantec-india, 2012.6. A rigorous approach to formalizing the technical investigation stages ofCyber Crime, Criminality within a UK law enforcement environment,Digital Investigation (2011); 7(3-4):105-113.January - March, 2013103

Cyber Crime andits Protection in IndiaSukhvinder Singh Dari*KeywordsCyber Crime, Prevention, Protection, IT Act, Legislation, Cyber Space, International,Inadequary of Existing Laws.AbstractCyberspace is a blessing to the world community, because it helps thenation politically, socially and economically. Today, many countries haveintroduced legislations for the prevention of Cyber Crime or ComputerCrime, but still there are some countries having lack of protectionmechanism. In India, IT Act is applicable, but even after amendment inthe Act, there are still some problems faced by the investigating agencies.The study will explore the importance of Cyber Law in India and howCyber Crimes are covered under the IT Act. The study also focuses on theneed to change the provisions of the existing laws with the primer of newtechnology related to information technology.IntroductionTHE study of jurisprudence refers to the Legal Theory, NaturalLaw Theory, Legal Positivism and Case Laws. Legal theorystudies laws in general; Natural Law theory says that all thelaws enacted by an authority must closely correspond to Natural Law,which is based on the principle of morality. In accordance with LegalPositivism, laws are made in accordance with socially accepted rules.Case Laws help in interpretation of laws to clarify the real objectiveand meaning of laws that are ambiguous. Society is dynamic, henceAuthor Intro. :* Assistant Professor, Symbiosis Law School, NOIDA-201 301.E-mail: sukhvinder@symlaw.edu.in104 January - March, 2013

The Indian Police Journalwhat is crime today may not be tomorrow, hence there is need toformulate legislations as per the need of the society. Cyber Crime orComputer Crime is also one of that. The laws that are in existence computer usages. In India, before passing of Information Technologyto ensure justice.The growing danger from crimes committed against computers, oragainst information on computers, is beginning to claim attentionin national capitals. In most countries around the world, however,existing laws are likely to be unenforceable against such crimes. Thislack of legal protection means that businesses and Governments mustrely solely on technical measures to protect themselves from thosewho would steal, deny access to, or destroy valuable information. 1Cyber Law and Cyber CrimeCyber Crime in a narrow sense means: Any illegal behaviour directedby means of electronic operations that targets the security of computersystems and the data processed by them. 2Cyber Crime in a broader sense means: Any illegal behaviourcommitted by means of, or in relation to, a computer system ornetwork, including such crimes as illegal possession [and] offering ordistributing information by means of a computer system or network.Cyber Law means a law governing Cyberspace. Cyber Law and devices, such as ATM Machines, Mobile phones.Evolution of Cyber Laws across the WorldUnited States of America is the country, where Internet and ComputerTechnology has originated; hence USA becomes the leading countryfor the development of laws related to Cyber Crime.• USA being the developed country has, time and again, introducescertain legislation for the protection of Cyber Crime. The US1Available at: http://www.witsa.org/papers/McConnell-cybercrime.pdf.Browsed on 6 th January, 2012 at 12.10 AM.2Available at: http://www.cyberlawclinic.org/cybercrime.htm.Browsed on 6 th January, 2012 at 10 AM.January - March, 2013105

The Indian Police JournalStates, such as Colorado, Florida, Michigan and Arizaon were theStates to introduce Computer Fraud and Abuse Act, 1987.• Malaysia: Computer Crime Act, 1997 and Digital Signature, Act1997.• Singapore: Electronic Transactions Act, 1998 and ComputerMisuse Act.• Japan: Unauthorized Computer Access Law, 1999 and OnlineDating Site Regulations, 2002.• Australia: Cyber Crime Act, 2001 and Electronic Transaction Act,1999.• Canada: Electronic Transaction Act and Criminal Code (Amendedto include Cyber Crime).• China: Computer Information Network and Internet SecurityProtection and Management Regulations, 1997 and Regulationson Computer Software Protection, 2002 and revised CriminalLaw of People Republic of China, 1979.• India: Indian Penal Code (Amended). Information TechnologyAct, 2000 and amended Information Technology (Amendment)Act, 2008.Progress Underway in Some Countries without UpdatedLaws 3• Albania: The Authority for the Regulation of Telecommunicationsbegan discussions earlier this year on the topic of Cyber Laws, withthe goal of preparing protocols of collaboration and exchanginginformation.• Cuba: A working group of the Ministry of Justice has planned• Gambia: Gambia is planning a National Information Technologyinitiative, although the capacity for the drawing up a legal3Available at: http://www.witsa.org/papers/McConnell-cybercrime.pdf.Browsed on 30 th December, 2011 at 9.00 PM.106 January - March, 2013

The Indian Police Journalframework is limited. Gambia may look towards internationalorganizations to spearhead this effort, so that it could replicate oramend the needed laws.• Iran: For the past six years, Iran has examined various aspects ofCyber Law, although no law or regulation in regard to computeroffences has been implemented. The areas that have beenconsidered are: computer offences, intellectual property issues,privacy/data protection, and freedom of information.• Kazakhstan: State bodies in Kazakhstan are currently developinga law regarding cyber offences. Also, in development is a specialState programme on the protection of information resources,including technical and software protection.• Latvia: Amendments to the Criminal Code have been draftedenvisaging considerable punishment for computer-relatedCriminal Acts. Corresponding additions would be made to theAdministrative Offence Code.• Lesotho: Lesotho has established special interest groups tolook at the various aspects of information security relatingto e-commerce.• Malta: In May 2000, Malta announced its goal of providing astrong legal framework for e-commerce, data protection, andcomputer misuse. The relevant Bills to develop a legislativeframework for information practices were published in September2000 and will be discussed in Parliament in the coming months.• New Zealand: At present, there are no general computer crimeoffences in New Zealand. However, the country is currentlydrafting a Crimes Amendment Bill (No. 6).• Sudan: The Sudan intends to invite Lawyers, Legislators andComputer professionals to a workshop where ideas on the natureof computer crimes and the ways of dealing with them by meansof the appropriate legal codes will be exchanged.• Vietnam: Vietnam is in the process of gathering information tomake proposals for amendments to its laws.• Zambia: Zambia has made available a draft of itsTelecommunications and Information Technology Council Act.January - March, 2013107

The Indian Police JournalNeed of Cyber Laws for the Protection of Cyber CrimesThe Cyber Law, in any country of the world, cannot be effective unlessthe concerned legal system has the following three prerequisites 4 :(1) A sound Cyber Law regime,(2) A sound enforcement machinery, and(3) A sound judicial system. handling the issues related to Cyber Crime. It is, therefore, necessaryto introduce the separate legislation for the protection of Cyber Laws.Hence, in 2000, Information Technology Act was passed in India. place. Numerous laws have been enacted and implemented and inter alia, the Indian Penal Code, the Indian Evidence Act, 1872, theBanker’s Book Evidence Act, 1891 and the Reserve Bank of India Act,1934, the Companies Act, and so on. However, the arrival of Internetsignalled the beginning of the rise of new and complex legal issues. Itmay be pertinent to mention that all the existing laws in place in Indiawere enacted way back keeping in mind the relevant political, social,economic, and cultural scenario of that time. Nobody then couldreally visualize about the Internet. Despite the brilliant acumen of ourmaster draftsmen, the requirements of cyberspace could hardly ever beanticipated. As such, the coming of the Internet led to the emergenceof numerous ticklish legal issues and problems, which necessitated theenactment of Cyber Laws. 5 Internet requires an enabling and supportivelegal infrastructure in tune with the times. This legal infrastructure canonly be arranged by the enactment of the relevant Cyber Laws as thetraditional laws have failed to grant the same. E-commerce, the biggestfuture of Internet, can only be possible, if necessary legal infrastructurecompliments the same to enable its vibrant growth.Hence, there is a urgent need to take care of cross boundary4Available at: http://www.cyberlawsindia.net/requires.html.Browsed on 8th January, 2012 at 5.00 PM.5Available at: http://www.cyberlaws.net/cyberindia/whycyberlaw.htm.Browsed on 4 th January, 2012 at 11.00 AM.108 January - March, 2013

The Indian Police JournalCrime is not limited to national boundary, it has cross border impactand reach.For Example, if 'A' through his online business sells pirated softwarefor a website hosted on a server located at Germany. Anyone in thisworld can visit A's website and purchase the pirated software. In suchout the 'A' and punish him.Information Technology, Act 2000Aims and Objectives of the Information Technology Act, 2000 6The preamble of the Information Technology Act, 2000 reads: AnAct to provide legal recognition for transactions carried out by meansof electronic communication, commonly referred to as electroniccommerce, which involves the use of alternatives to paper-basedmethods of communication and storage of information, to facilitateThe aims and objectives of the Act are as follow:(a) A facilitating Act;(b) An enabling Act; and(c) A regulating Act - Protection of some Cyber Crime under IT Act,2000.Types of Cyber Crime and its Protection under the Act, 2000• Cyber Pornography because what is pornography or obscenity in India may not bein US. As pornographic videos, pictures and stories are easilyavailable and accessible on Internet, there have been manyattempts to limit the availability of pornographic content onthe Internet by the Governments and law enforcement bodiesthroughout the world. In India, Indian Penal Code also dealswith pornography. The Constitution of India declares law againstobscenity as constitutional.6Available at: http://qna.rediff.com/questions-and-answers/objectives-of-the-informationtechnology-act-2000-and-its-basic-features/10741266/answers.Browsed on 4 th January, 2012 at 11.00 PM.January - March, 2013109

The Indian Police JournalSection 67 says that 7 , whoever publishes or transmits or causes to bepublished in the electronic form, any material, which is lascivious orappeals to the prurient interest or if its effect is such as to tend to depraveand corrupt persons who are likely, having regard to all relevantcircumstances, to read, see or hear the matter contained or embodiedwhich may extend to one lakh rupees and in the event of a second orsubsequent conviction with imprisonment of either description for aextend to two lakh rupees.• Unauthorized AccessSection 43(a) 8 deals with unauthorized access: It says that if anyperson without permission of the owner or any other personwho is in charge of a computer, computer system or computernetwork, accesses or secures access to such computer, computersystem or computer Network;he shall be liable to pay damages by way of compensation notexceeding one crore rupees to the person so affected.• Hacking“Hacking” is a crime, which entails cracking systems and gainingunauthorized access to the data stored in them. Hacking hadwitnessed a 37% increase this year. 9Section 66 says that 10 – likely to cause wrongful loss or damage to the public or anyperson destroys or deletes or alters any information residingin a computer resource or diminishes its value or utility oraffects it injuriously by any means, commits hack. extend upto two lakh rupees, or with both.7Section 67 of Information Technology Act, 2000.8Section 43(a) of Information Technology Act, 2000.9Available at: http://www.gcl.in/downloads/bm_cybercrime.pdf.Browsed on 6 th January, 2012 at 4 .00 PM.10Section 66 of Information Technology Act, 2000.110 January - March, 2013

• Assisting Unauthorized AccessThe Indian Police JournalSection 43(d) 11 deals with damages or causes which damages anycomputer, computer system or computer network, data, computerdatabase or any other programmes in such computer, computersystem or computer network; he shall be liable to pay damagesby way of compensation not exceeding one crore rupees to theperson so affected.• Computer FraudComputer Fraud Section 43(h) 12 says that, the services availed ofby a person to the account of another person by tampering withor manipulating any computer, computer system, or computernetwork, shall be liable to pay compensation.• Crime related to Digital SignatureSection 71 says that 13 , whoever makes any misrepresentationto, or suppresses any material fact from, the Controller orthe Certifying Authority for obtaining any licence or Digitalimprisonment for a term, which may extend to two years, or withNon-compliance with Controller’s OrderSection 68 14 :(1) The Controller may, by order, direct a Certifying Authority orany employee of such Authority to take such measures or ceasenecessary to ensure compliance with the provisions of this Act,rules or any regulations made thereunder.(2) Any person who fails to comply with any order under sub-section(1) shall be guilty of an offence and shall be liable on convictionto imprisonment for a term not exceeding three years or to a Finenot exceeding two lakh rupees or to both.11Section 43(d) of Information Technology Act, 2000.12Section 43(h) of Information Technology Act, 2000.13Section 71 of Information Technology Act, 2000.14Section 68 of Information Technology Act, 2000.January - March, 2013111

The Indian Police JournalInvestigations and Search Procedures 15Section 75 of Information Technology Act, 2000 takes care ofjurisdictional aspect of Cyber Crimes, and one would be punishedirrespective of his nationality and place of commission of offence.Government or a State Government authorized by Central Government.He may enter any public place, conduct a search and arrest withoutwarrant person, who is reasonably expected to have committed anoffence or about to commit computer-related crime. Accused has tobe produced before Magistrate within 24 hours of arrest. Provisionsof Criminal Procedure Code, 1973 regulate the procedure of entry,search and arrest of the accused. 16It cannot be disputed that Information Technology Act, 2000 thoughprovides certain kinds of protections, yet does not cover all the spheresof the I.T. where the protection must be provided. Copyright andtrademark violations do occur on the Net, but Copyrights Act, 1976, with the issue. Therefore, have no enforcement machinery to ensurethe protection of domain names on the Net. Transmission of e-cashand transactions online are not given protection under NegotiableInstruments Act, 1881. Online privacy is not protected; only Section43 (Penalty for damage to computer or computer system) and 72doesn’t hinder the violations caused in the cyberspace.Internet Service Providers (ISP), who transmits some third partyinformation without human intervention, is not made liable under theInformation Technology Act, 2000. One can easily take shelter underthe exemption clause, if he proves that it was committed without hisknowledge or he exercised due diligence to prevent the offence. It ishard to prove the commission of offence as the terms “due diligence”And, unfortunately, the Act does not mention how the extraterritoriality15Available at: http://www.legalserviceindia.com/article/l146-cybercrime-and-law.html.Browsed on 1 st January, 2012 at 5.00 PM.16Available at http://www.legalserviceindia.com/article/l146-cybercrime-and-law.html.Browsed on 1 st January, 2012 at 5.10 PM.112 January - March, 2013

The Indian Police Journalwould be enforced. This aspect is completely ignored by the Act, whereit had come into existence to look into Cyber Crime, which is on theface of it an international problem with no territorial boundaries. 17Information Technology Act & Indian Penal Code 18• All Cyber Crimes do not come under the IT Act.• Many Cyber Crimes come under the Indian Penal Code.For Example:Sending threatening messages by e-mailSending defamatory messages by e-mailForgery of electronic recordsOnline sale of narcoticsOnline sale of weaponsHackingPornographyE-mail bombingDenial of Service attacksVirus attacksSalami attacksLogic bombsSection 506 IPCSection 499 IPCSection 465 IPCSection 420 IPCSection 465, 419 IPCSection 383 IPCNDPS ActArms ActSection 66 IT ActSection 67 IT ActSection 66 IT ActSection 43 IT ActSection 43, 66 IT ActSection 66 IT ActSection 43, 66 IT ActSome Case LawsCase I: First case convicted under Information Technology Act,2000 of India 19The case is related to posting of obscene, defamatory andannoying message about a divorcee woman in the yahoo17Available at: http://www.keralapolice.org/newsite/hitech_need_cyberlaw.html.Browsed on 7 th January, 2012 at 6.00 PM.18Available at: http://www.keralapolice.org/newsite/hitech_need_cyberlaw.html.Browsed on 7 th January, 2012 at 6.00 PM.19Available at: http://satheeshgnair.blogspot.com/2009/06/selected-case-studies-on-.Browsed on 6 th January, 2012 at 5.00 PM.January - March, 2013113

The Indian Police Journalmessage group. E-mails were also forwarded to the victim forinformation by the accused through a false e-mail accountopened by him in the name of the victim. The posting of themessage resulted in annoying phone calls to the lady in thebelief that she was soliciting.Based on a complaint made by the victim in February 2004,the police traced the accused to Mumbai and arrested himwithin the next few days. The accused was a known familyfriend of the victim and was reportedly interested in marryingher. She, however, married another person. This marriagelater ended in divorce and the accused started contacting heronce again. On her reluctance to marry him, the accused tookup the harassment through the Internet.469 and 509 IPC before The Hon’ble Addl. CMM, Egmore byciting 18 witnesses and 34 documents and material objects.However, the court based on the expert witness of Naaviand other evidence produced, including the witness of theCyber Cafe owners came to the conclusion that the crime wasconclusively proved.The court has also held that because of the meticulousinvestigation carried on by the I.O., the origination of theobscene message was traced out and the real culprit has beenbrought before the Court of Law.“The accused is found guilty of offences under Sectionconvicted and is sentenced for the offence to undergosentenced to undergo 1-year Simple Imprisonment andIT Act, 2000 to undergo Rigorous Imprisonment for 2concurrently.”Case II: Section 69 was incorporated under the I.T. Act, 2000 whichsays that the Right to Privacy can be taken away only by the114 January - March, 2013

The Indian Police Journalprovisions established by Law, but the provisions under theSection is not enough to curb the crime according to theprocedure established by law.In the case of PUCL v. UOI, it was held that the procedureis inadequate as the Controller has been given discretionarypower, and there is no mention of consultation with theaccused before punishing him. Therefore, proper guidelinesneed to be provided in this regard for maintaining the balancebetween the Right to Privacy of the citizens and the provisionof the search and seizure under the Act, as the same shall notbe unfair.Case III: The Information Technology can be misused for appropriatingthe valuable Government secrets and data of privateindividuals and the Government and its agencies. A computerNetwork owned by the Government may contain valuableinformation concerning Defence and other top secrets,which the Government will not wish to share otherwise.The same can be targeted by the terrorists to facilitate theiractivities, including destruction of property. It must be notedimmovable alone.In R.K. Dalmia v. Delhi Administration the Supreme Courtheld that the word “property” is used in the IPC in a muchwider sense than the expression “movable property”. There isno good reason to restrict the meaning of the word “property”to movable property only, when it is used without any Section of IPC can be committed in respect of any particularkind of property, will depend not on the interpretation of theword “property”, but on the fact whether that particular kindof property can be subject to the acts covered by that Section.ConclusionThe role played by cyberspace is positive for the whole world. Butthere are some disadvantages too, to curb this Government of everycountry introduces some legislation for the protection of Cyber Crime.In India, IT Act, 2000 has played important role in the protectionagainst Cyber Crime, but even after amendment in IT Act, there lies January - March, 2013115

The Indian Police Journalreduce the confusion in their application with the change in time andtechnology, it has also resulted into various IT-related crimes, need isfelt to combat the problems.It we talk about some other countries, lack of enforcement agenciesis a problem to combat the Cyber Crime. IT Act, 2000 is applicableto all the persons irrespective of their citizenship, who commitsoffence under the Information Technology Act. If crime is committedoutside India, provided the act or conduct constituting the offenceor contravention involves computer, computer systems, or computernetworks located in India under Section 1 and Section 75 of theInformation Technology Act, but this provision lacks practical valueuntil and unless the person can be extradited to India. Therefore, it isadvised that we should have Extradition Treaties among countries tomake such provisions workable. 20If technology is becoming better day by day there is also a need for theprotection by changing the existing Laws or amending the provisionsof the existing Act and the protection is required not only at Nationallevel, but also at International level.•Bibliography Books, Delhi. 1992 U.S. App. LEXIS 9562 (May 4, 1992). Delhi. be viewed at http://articles.sakshay.in/index.php?article=15257 & Zarsky, T. (2006) (eds.) Cybercrime: Digital Cops in a NetworkedEnvironment, New York University Press, New York.5. Brenner, S. (2007). Law in an Era of Smart Technology, Oxford: OxfordUniversity Press. Convention on Cyber Crime: A Response to the Challenge of Crime in theComputer Law & Security Report, Vol.16, No. 5.7. Easttom C. (2010). Computer Crime Investigation and the Law.20Available at: http://www.legalserviceindia.com/article/l146-cybercrime-and-law.html.Browsed on 8 th January, 2012, 10.00 PM.116 January - March, 2013

The Indian Police Journal Computer Misuse: Response, Regulation and theLaw, 9. Grabosky, P. (2006). Electronic Crime, New Jersey: Prentice Hall.10. McQuade, S. (2006). Understanding and Managing Cybercrime, Boston:Allyn & Bacon.11. McQuade, S. (ed.) (2009). The Encyclopedia of Cybercrime,CT: Greenwood Press.12. Parker, D. (1983). Fighting Computer Crime, U.S.: Charles Scribner’sSons.13. Pattavina, A. (ed.) Information Technology and the Criminal JusticeSystem, Thousand Oaks, CA: Sage.14. Robertson, J. (March 2, 2010). Authorities bust 3 in infection of 13mcomputers.Retrieved: March 26, 2010, from Boston News: Boston.com Computer Crimes and Digital Investigations, Oxford:Oxford University Press. Cybercrimes: The Transformation of Crime in theInformation Age, Cambridge: Polity. Virtually Criminal: Crime, Deviance and RegulationOnline, Routledge, London.18. Yar, M. (2006). Cybercrime and Society, London: Sage.January - March, 2013117

Police Power to interrogateand Criminal JusticeDr. Pradeep Singh*KeywordsAccused, Crime, Criminality, Criminal Justice, Criminal Justice System, CompelledTestimony, Incriminating, Interrogation, Police Officer, Witness.AbstractCrime and criminality is creating greater problem for societal existence,needed to be tackled effectively and it is possible only when criminalsare punished. Punishment provides lesson to criminals and prospectivecriminals that crime should not be committed. Criminals get this lessonnot to commit crime when they make hedonistic calculation, meaningcalculation of pain and pleasure to be derived from crime commission.For imposition of sentence, it is much required that evidences relating tocrime commission are properly collected. Evidences in a criminal case arecollected during investigation. Investigation is primary responsibility of Interrogation of persons acquainted with fact and circumstances of case ismost traditional, important and used method. In Criminal Procedure Code,supposed to be acquainted with fact and circumstances of case. Statements recovery of incriminating things and knowing about crucial witnesses ofcase, who may be produced by prosecution at the time of trial. If the powersrelating to interrogation are properly exercised and interrogation is properlyconducted, problem of crime and criminality may be properly tackled. Inthis article, legal provisions providing police the power to interrogate andevidentiary value of statements taken during interrogation are analyzed toJustice System.Author Intro. :* Associate Professor, Law School, Banaras Hindu University,E-mail: singhpradeepk@hotmail.com118 January - March, 2013

The Indian Police JournalINTERROGATION of person acquainted with fact andcircumstances is important and most traditional method ofinvestigation. Even in this era of Science and Technology, Police relating to commission of crime from any other source and uponinformation about persons, who are acquainted with the fact andcircumstances of the case. These persons may provide importantand vital information relating to circumstances of case and other and detect the criminal. Power to interrogate such persons is power to interrogate is very vital and crucial for Criminal JusticeSystem. If this power is properly exercised, criminal cases may beproperly investigated, evidences relating to case may be collected, of Criminal Justice System that is proper tackling of crime and provides lesson to criminals and potential criminals that crime isundesirable, unproductive and bad thing, therefore, it should not beoralexamination of any person supposed to be acquainted with the factand circumstances:may, by general or special order, prescribe in this behalf, actingsupposed to be acquainted with the fact and circumstances ofthe case.” 1Interrogation is oral examination of person supposed to be acquaintedwith the fact and circumstances of case. Interrogation may be made u/s 160 Cr.P.C. to call the person, who appears to be acquaintedJanuary - March, 2013119

The Indian Police Journalwith the fact and circumstances of the case, in the Police Station andinterrogate him:by order in writing, require the attendance before himself ofany person being within the limits of his own or any adjoiningstation, who from the information giver or otherwise, appears tobe acquainted with the fact and circumstances of the case; andsuch person shall attend as so required.” 2Police Station acquainted with the fact and circumstances. In Sec. 161, terms forthe person to be examined has been used “any person supposed tobe acquainted” and in Sec. 160, which is empowering to call suchperson for examination “any person appears to be acquainted withfact and circumstances”. These expressions are very wider and confer own knowledge or on the basis of evidences collected or on the basisof circumstances of the case that such person have any information examine accused person also, because accused person is supposedthat he may have committed crime therefore, he is supposed to beacquainted with the fact and circumstances. In Sec. 161 in main textterm is used ‘supposed to be acquainted’ and in Sec. 160 ‘appears to beacquainted’, which are including accused person but in marginal noteof both sections. ‘Examination of witness’ and ‘Required attendance ofwitness’ terms are used respectively. Accused is not a witness in a caseunless he voluntarily produces himself as witness for his own defenceu/s 315 of Cr.P.C. Therefore, accused is not considered as witness in acriminal case. It creates confusion that when accused is not a witnesshim and for this purpose may require his attendance before him u/s160 Cr.P.C. This question was also raised before the Supreme Courtof India in the case of Nadini Satpathi v. P.L. Dani AIR1978 SC 1025.This case was decided by Justice V.R. Krishna Iyer and he observedthat marginal note cannot command the meaning of main text:“They reached the conclusion that ‘any person’ in Sec. 161Cr.P.C.; would include persons then or ultimately accused. The120 January - March, 2013

The Indian Police Journalwith the facts and circumstances of the case’ includes an accused have committed the crime and must, therefore, be familiar withnot repel the section. Nor does the marginal note ‘examinationof witnesses by police’ clinch the matter. A marginal noteclears ambiguity, but does not control meaning. Moreover, the a witness’, from a functional angle, is to impart knowledge inrespect of a relevant fact, and that is precisely the purpose ofquestioning the accused under Sec. 161 Cr.P.C. The dichotomybetween ’witness’ and ‘accused’ used as terms of art, does not accused person and u/s case may call such person in Police Station by issuing written orderto person when such person is present for time being in the area ofreceiving written order, called person is bound to appear beforehe is liable to be punished u/s 174 I.P.C. If such called person isu/s 41 Cr.P.C. and now in pursuance of direction issued by Police arrest accused u/s 41-A Cr.P.C. The atmosphere of the Police Stationis not encouraging and conducive for child and female; personalityof children may be affected and in case of females, the situation maybe depraving as was the situation in Mathura rape case (Tukaram v.State of Maharashtra) 3 therefore, Sec. 160 Cr.P.C. provides immunity age, if needed to be interrogated, only they can be examined at theirresidence and cannot be called in Police Station. Proviso to Sec. 160(1)Cr.P.C. provides:woman shall be required to attend at any place other than theplace in which such male person or woman resides.”In case of rape victim in interest of justice bar on police power, to callthe victim in Police Station to interrogate, is imposed under CriminalJanuary - March, 2013121

The Indian Police JournalProcedure Code. Rape victim may be under psychological pressure,residence in the presence of her relatives. Proviso to Sec. 157(1)provides:“Provided further that in relation to an offence of rape, therecording of statement of victim shall be conducted at theresidence of the victim or in place of her choice and as for as parents or guardian or near relatives or social worker of thelocality.”Section 160 and 157 of Cr.P.C. make balancing between social interest person in Police Station for interrogating him, at the same time imposerestriction on police power for protecting vulnerable class of people.which result in gross violations of human rights. Courts are seriousabout such problems and recommended in many cases prompt andNandini Satpathiv. P.L. Dani, appellant Nandini Satpathi was ex-Chief Minister ofOrissa and ex-Minister in Central Government. She was accused innumber of corruption cases, which were in process of investigation.She was called in Police Station by Dy.SP Vigilance for interrogation. extended list of questions to be answered by her. She refused to answeron the ground that these questions were incriminatory in nature. Onagainst her before SDJM, Cuttack u/s 179 of IPC that she was bound toanswer truly all the questions put to her u/s 161 Cr.P.C. And, in caseof not giving answer, she is liable to be punished u/s 179 IPC. SDJMissued summon for appearing before the court and it was challengedbefore the High Court but High Court did not interfere with the orderquashed proceeding before SDJM. The Supreme Court observed that awoman must not be called in Police Station for examination:“Before discussing the core issues, we wish to note our regret, inof the wholesome proviso to Sec. 160(1) of the Cr.P.C. Such122 January - March, 2013

The Indian Police Journaldeviance must be visited with prompt punishment sincepolicemen may not be a law unto themselves expecting othersto obey the law…there is public policy, not complimentary tothe Police personnel, behind this legislative proscription, whichkeeps juveniles and females from police company except atthe former’s safe residence. May be, in later years, community entitled to better trust and soften the stigmatization or suspiciousprovisions now write across the Code.” 4The Supreme Court observed that this provision is provided to protectthe juveniles and women from Police Company. Community at thisCompelled Testimony and Right to Silencewith the fact and circumstances. Accused person may also be examinedto answer all the questions put to him except incriminatory questions.In case of not answering or refusal to answer non-incriminatoryquestions, person is liable to be punished u/s 179 IPC. Further, answermust be true otherwise person is liable to be punished u/s 179 IPC. Buta person interrogated is protected against incriminatory questions andin case of incriminatory question, a person is not bound to answer asfor not answering incriminatory questions a person has right u/s 161(2),but if a person is answering such questions, answers must be true. Noimmunity is provided in this reference. Incriminatory questions maynot be answered, but if answered, must be true.“Sec. 161(2): Such person shall be bound to answer truly allthan questions the answer to which would have tendency toexpose him to a criminal charge or to a penalty or forfeiture.” interrogation, therefore, immunity is provided not to answerincriminating questions. In Sec. 163 Cr.P.C., express direction isgiven that no statement can be obtained by using threat, promise or January - March, 2013123

The Indian Police Journalthey may obtain statement under threat of authority, therefore, furtherSec. 161(2) Cr.P.C. provides right to a person not to answer incriminatoryquestion. Sec. 161(2) Cr.P.C. provides statutory protection and inthe same reference constitutional protection is available under Art.20(3) of Constitution. Both provisions prohibit compelled testimony(Statement obtained under compulsion). Compelled testimony may notonly be obtained under physical compulsion, but also psychological,circumstantial and environmental compulsion, depending on thefact and circumstances. Even when a long list of question is given ora person is interrogated for continuously longer time duration, it isamounting to compelled testimony:“The policy of law is that each individual, accused included, byvirtue of his guaranteed dignity, has a right to lead a free lifewithout overbearing investigatory invasion or even cryptocoercion.The protean forms gendarme duress assumes theenvironmental pressure of police presence, compounded byinterrogation and physical menaces and other ingenioussophisticated procedures - the condition, mental, physical,cultural and social, of the accused, the length of the interrogationand the manner of its conduct and variety of like circumstances,will go into pathology of coerced para-confessional answers.” 5Further court observed:“We are disposed to read ‘compelled testimony’ as evidenceprocured not merely by physical threats or violence, but bypsychic torture, atmospheric pressure, environment coercion,tiring interrogative prolixity, overbearing and intimidatorymethods and the like - not the legal penalty for violation. So, thelegal perils following upon refusal to answer or answer truthfullycannot be regarded as compulsion within the meaning of Art.20(3).” 6Art. 20(3): Constitution provides that no person accused of any offenceshall be compelled to be witness against himself. Art. 20(3) providesRight against Self-incrimination and prohibits compelled testimony. Incase of Nandini Satpathi v. P.L. Dani, it was contended before theSupreme Court that Art. 20(3) provides protection only when trial hasstarted and in this situation, a person cannot be compelled to givestatement against himself as a witness during trial. But the court did124 January - March, 2013

The Indian Police Journalnot accept this contention and observed that if Art. 20(3) will beinterpreted in this manner, the whole objective of such protectionwill frustrate. Art. 20(3) provides protection even at the stage ofinvestigation. Protection available in Sec. 161(2) Cr.P.C. is widerduring investigation. This provision provides protection only duringinvestigation and this protection is for incriminatory questions in thepresent case or some other case as the words used in Sec. 161(2) are:“answer to which would have tendency to expose him to a criminalcharge or to a penalty or forfeiture”. Supreme court observed that Sec.161(2) is parliamentary glass to the constitutional provision containedin Art. 20(3):“…Sec.161(2) of the Code might cover not merely accusationsalready registered in Police Stations, but those which are likely tobe the basis for exposing a person to a criminal charge. Indeed, thiswider construction, if applicable to Art. 20(3), approximates theconstitutional clause to the explicit statement of the prohibition inSec. 161(2). This later provision meaningfully uses the expression‘expose himself to a criminal charge’. Obviously, these wordsmean not only cases where the person is already exposed to acriminal charge, but also instances which will imminently exposeare conterminous in the protective area. While the Code may bechanged, the Constitution is more enduring.” Sec. 161(2) protects against compelled testimony and gives two rightsto person being interrogated: (1) Right to Refuse - person may expresslyrefuse to answer incriminatory questions, (2) Right to Silence - personmay not answer, but keep silence. In case of Smt. Selvi v. State ofKarnataka AIR 2010 SC 1974, court widened sweep of compelledtestimony and observed that statement obtained by narco-analysis testcauses violation of Art. 20(3) and it is gross violation of Right to Silenceas in case narco-analysis person is not in the situation to calculatewhether question is exculpatory or inculpatory and, therefore, not inthe situation to exercise his Right to Silence:“In our considered opinion, the compulsory administrationof the impugned techniques violates the ‘Right against Selfincrimination’.This is because the underlying rational of the saidright is to ensure the reliability as well as voluntariness of statementthat are admitted as evidence. This court has recognized thatJanuary - March, 2013125

The Indian Police Journalthe protective scope of Article 20(3) extends to the investigativestage in criminal cases and when read with Section 161(2) of thesuspects as well as witnesses, who are examined during aninvestigation. The test results cannot be admitted in evidenceif they have been obtained through the use of compulsion.Article 20(3) protects an individual’s choice between speakingand remaining silent, irrespective of whether the subsequenttestimony proves to be inculpatory or exculpatory…we have alsoelabrated how the compulsory administration of any of these of an individual. It would also amount to ‘cruel, inhuman ordegrading treatment’ with regard to the language of evolvinginternational human rights norms. Furthermore, placing reliancewith the ‘Right to Fair Trial’. Invocations of a compelling publicinterest cannot justify the dilution of constitutional rights, suchas the ‘Right against Self-incrimination’. In the light of theseconclusions, we hold that no individual should be forciblysubjected to any of the techniques in question, whether in thecontext of investigation in criminal case or otherwise. Doing sowould amount to an unwarranted intrusion into personal liberty.However, we do leave room for the voluntary administration ofthe impugned techniques in context of criminal justice, providedthat certain safeguards are in place….” 8 examines number of persons, but every person’s statement may not beto decide whether the statement be put into writing or not. But whenthat “he shall make a separate and true record of the statement of eachsuch person whose statement he records”. into writing means he has recorded the statement u/s 161(3) Cr.P.C.,it shall not be signed by person interrogated. Sec. 162(1) Cr.P.C.makes complete prohibition over signing of recorded statement. Thisprovision is given to check abuse of police power. In case of signed126 January - March, 2013

The Indian Police Journalanswer witness would feel bound by his answer although he is anxiousto change his statement and reveal the truth before the court. Furtherfor taking statement and signature thereon.Evidentiary Value of Statement recorded u/s 161 Cr.P.C.Generally, in a criminal trial, any previous statement made by a personduring the trial and he has made any statement, whether oral or writtenor reduced to writing at or about the time when fact took place orbefore the authority competent for investigation, may be used forcorroboration u/s 157 of Evidence Act:“In order to corroborate the testimony of a witness, any formerstatement made by such witness relating to the same fact, at orabout the time when fact took place, or before any authoritylegally competent to investigate the fact may be proved.”such statement may be used for the cross-examination against makerof statement u/s 145 Evidence Act:“A witness may be cross-examined as to previous statementmade by him in writing or reduced into writing, and relevant tomatter in question, without such writing being shown to him,or being proved; but if it is intended to contradict him by thewriting, his attention must, before the writing can be proved, becalled to those parts of it which are to be used for the purpose ofcontradicting him.”The rules for admissibility and use of evidences contained u/s 157u/s 161 has been provided in Sec. 162 Cr.P.C., provision containedin Sec. 162 is not relating to procedure of collection evidence, butrelating to rule of evidence for evidence collected during investigation for recording of any statement. Always there is possibility of use ofthird degree methods and causing custodial violence for obtainingstatements of persons interrogated. Accused person may also beJanuary - March, 2013127

The Indian Police Journal threat, duress, inducement and promise, even when the person maynot have committed crime. By using these statements during trial, casemay be proved. Because of this reason to protect the accused and forproviding opportunity of fair trial, normal rules of evidence containedCr.P.C. in relation to statement taken u/s 161 Cr.P.C.inducement and promise for taking any statement means it prohibitscustodial violence. Sec. 24 of Evidence Act makes confessioninadmissible evidence if obtained by threat, inducement or promise.Sec. 25 Evidence Act makes confession inadmissible when made to Police custody inadmissible even when it is made to any person other degree methods. Community has no faith in the police. Therefore,in Criminal Procedure Code a very different rule relating to use ofstatement recorded u/s 161 Cr.P.C. as evidence is provided. Sec.162(1)Cr.P.C. makes a complete prohibition over use of statement u/s 161Cr.P.C., whether recorded or not, in any inquiry or trial in respect ofany offence under investigation in which statement was made:“Sec. 62(1):in the course of an investigation under this chapter shall, ifreduced to writing, be signed by the person making it; nor shallany such statement or any record thereof, whether in a PoliceDiary or otherwise, or any part of such statement or record, beused for any purpose, save as hereinafter provided, at any inquiryor trial in respect of any offence under investigation at the timewhen such statement was made….”Sec. 162 makes complete ban on use of statement u/s 161 in anyinquiry or trial. This provision is enacted for the protection of accusedwho are not trustworthy and always there are possibility of use of thirddegree methods and further the atmosphere of Police Station is not128 January - March, 2013

The Indian Police Journalconducive for making voluntary statement. In case of Tahsildar Singhv. State of U.P. AIR 1959 SC 1012, the Supreme Court observed:“The intention of Legislature in framing S.162 in the manner itstatements of witnesses made before police during investigationat the trial presumably on the assumption that the said statementthe sections and proviso intended to serve primarily the samepurpose, i.e. the interest of the accused.”Sec.161 and Sec.162 Cr.P.C. both provisions attempt to protect theaccused against abuse of police power. Sec.161(2) provides Rightto Refuse and Right to Silence against incriminating questions andprohibits compelled testimony. Sec.162 protects accused by makingprovision that statement given u/s 161 cannot be used during trial orwill not use third degree methods for obtaining such statements.But this prohibition is applicable only for trial or inquiry of the caseduring investigation of which this statement was made as in Sec.162(1)“… at any inquiry or trial in respect of any offenceunder investigation at the time when statement was made….” meansstatement u/s 161 Cr.P.C. given in one case may be used in trial ofany other case. In such situation, prohibition of non-user of statementwould not apply. In case of Vinay D. Nagar v. State of Rajasthan AIR2008 SC 1558, deceased person was star witness in an abduction casestatement. He was crucial witness and eyewitness of the case, therefore,prosecution tried to produce statement of witness given in previouscase that was in abduction case. It was opposed by defence side. TheCourt observed that prohibition given in Sec.162(1) is applicable forthe same case in which statement was given, not for another case:“Bar of Sec.162 Cr.P.C. of proving the statement recorded by shall not apply to any statement falling within the provision ofclause (1) of Sec. 32 of Evidence Act. Bar of Sec. 162 Cr.P.C. isin regard to admissibility of the statement recorded of a person Sec. 162 Cr.P.C. would be applicable only where such statementis sought to be used at any inquiry or trial in respect of anyJanuary - March, 2013129

The Indian Police Journaloffence under investigation at the time when such statementcourse of an investigation under Chapter XII is sought to be usedin any proceeding, inquiry or trial in respect of an offence otherthan which under investigation at the time when such statementwas made, the bar of Sec. 162 will not be attracted. When the Sec. 161 Cr.P.C., during the investigation of abduction case of aboy. Kalu was alive and thus that statement could be used in thesubsequent investigation that was being made with respect to thealleged murder of Kalu.” Use of Statement by Defence sideGeneral rule of admissibility and use of previous statement are Proviso to Sec.161 (1) and provisions contained in Sec.162 (2) Cr.P.C.make statements u/s 161 admissible for limited purposes in the interest is part of prosecution, recorded the statement, therefore prosecutioncannot use the statement except in case of hostile witness andsituation coming under Sec. 32 and Sec. 27 of Evidence Act. Provisoto Sec.162(1) provides that statement u/s 161 is admissible during trialonly when it is recorded. If the statement is given u/s 161 Cr.P.C., butonly be used when maker of statement is produced as prosecutionwitness, statement can be used for contradiction of such witness andcontradiction is always made by opposite side. Defence side can usestatement recorded u/s 161 Cr.P.C. for contradiction of prosecutionwitness. Prosecution may also use statement for contradiction of itsown witness with permission of court means when prosecution witnessbecomes hostile witness. This provision makes clear that the statementcannot be used for corroboration and only for contradiction. Statementcan be used when statement recorded was made by a person and he is is used for contradiction, then prosecution can use statement or partof statement in re-examination for only explaining the contradictionmade in cross-examination. Proviso to Sec. 162(1) provides:“Provided that when any witness is called for the prosecutionin such inquiry or trial whose statement has been reduced into130 January - March, 2013

The Indian Police Journalwriting as aforesaid, any part of his statement, if duly proved,may be used by the accused, and with the permission of thecourt, by the prosecution, to contradict such witness in thewhen any part of such statement is so used, any part thereof mayalso be used in the re-examination of such witness, but for thepurpose only of explaining any matter referred to in his crossexamination.”Admissibility for statement recorded u/s 161 Cr.P.C. is provided inproviso to Sec.162(1) Cr.P.C. only for the purpose of contradictionof prosecution witness, if he is maker of statement, by defence sideand for explaining contradiction by prosecution side. It is not usingterm for cross-examination. It creates confusion whether statementmay be used for cross-examination and contradiction, both or onlyfor contradiction. This controversy was settled by the Supreme Courtin case of Tahsildar Singh v. State of U.P. The matter was decided bydivided opinion of Judges. Minority decision was given by Immam andHidayatullah, JJ. And, they were of opinion that Sec.145 of EvidenceAct consists of one coherent provision, therefore for contradictionalways it is required that witness be cross-examined, and thenafter contradicted therefore statement may be used, both for crossexaminationand contradiction. Majority decision was given by Sinha,Kapur, Sarkar and Subba Rao, JJ. They were of opinion that Sec.162of Cr.P.C. permits use of statement recorded u/s 161 Cr.P.C. only forcontradiction. Contradiction is possible without cross-examination.In Sec.145 of Evidence Act, there are two parts: one is, referring tocross-examination and the second is, referring to contradiction. Bothare independent, contradiction is possible without cross-examination.Only the thing is that contradiction is made at the stage of crossexamination.For statement recorded under Sec.161 Cr.P.C., rule ofevidence has been completely changed. Statement recorded underSec.161 is only admissible for contradiction of prosecution witnessduring trial. Contradiction is between what a person states before the of opinion that if cross-examination is permitted, then situation maybecome that before the court parties may start to show that what person objectives of Sec.162, therefore, cross-examination of prosecutionJanuary - March, 2013131

The Indian Police Journalwitness is not permissible by using statement u/s 161 Cr.P.C. Only itcan be used for contradiction:“The proviso to Sec.162 only enables the accused to make useof such statement to contradict a witness in the manner providedlanguage of the proviso if the said statement be allowed tobe used for the purpose of cross-examining a witness within argument that it would not be possible to invoke the second part procedure to be followed. To illustrutrate, ‘A’ says in the witnessbox that 'B' stabbed 'C'; before the police he had stated that 'D'stabbed 'C'. His attention can be drawn to the part of statementmade before the police, which contradicts his statement in thewitness box. If he admits his previous statement, no further proofis necessary. If he does not admit, the practice generally followedhand, if the witness is asked, “Did you say before the Policethe statement which does not contain such recital is put to himas contradiction, the procedure involves two fallacies: one is, itenables the accused to illicit by a process of cross-examination statement could be brought on record. This procedure, therefore,contravenes the express provision of Sec.162 of the Code. Thesecond fallacy is that there is no self-contradiction of the primarystatement made in witness box, for the witness has yet not madeon the stand any assertion at all which can serve as the basis.The contradiction under the Section should be between whata witness asserted in the witness box and what he stated before contradiction is brought out. The cross-examining counsel shallwhat is stated in evidence. This indicates that there is something132 January - March, 2013

The Indian Police Journalin writing which can be set against another statement madestatement in evidence before the court are so inconsistent orirreconcilable with each other that both of them cannot coexist,it may be said that one contradicts the other.” 10The Court in case of Tahsildar Singh v. State of U.P. cleared thatstatement recorded u/s 161 Cr.P.C. at the trial can be used only forthe purpose of contradiction of prosecution witness and not for crossexamination,when maker of statement is produced as prosecutionwitness. In this case, Ram Sanehi Mallah organized a dinner party athis home in the village on 16-06-1954 and after dinner, all the personswere enjoying music performance in front of house of neighbourand the number of persons were about 40. Suddenly, a number ofarmed persons came there from southern side of neighbour’s houseand opened gunshots causing death of two persons and injury to sixpersons. Then, armed persons proceeded towards northern side anddisappeared in the direction of the Chambal. These armed personsbelonged to Man Singh’s gang. Man Singh gang and Charana gangwere in a league. Persons killed were informers of police and alsohaving connection with rival gang. Because of their information,Charana was killed. Man Singh gang was taking revenge. SessionJudge convicted Tahsildar Singh and sentenced for death penalty.Before the Session Judge, defence during the cross-examination of aabout the presence of gas lantern?”, but Session Judge did not permitas it was not the manner of contradiction. Before the High Court,it was challenged that Session Judge did not give permission to askthe question. The High Court observed that such questions are notpermitted u/s 162 Cr.P.C. Statement u/s 161 Cr.P.C. can be used onlyfor contradiction, not for cross-examination. In this case, convictionand sentence imposed by lower court were upheld. Then, appealwas made before the Supreme Court. The Supreme Court by majorityupheld the decision of Session Court, observing that such questionsjudgement given by the High Court. For the purpose of contradictionwhat the statement is given by the person and recorded by Policethe time of interrogation, it cannot be used. Prima facie, a statementdoes not include an omission. A statement cannot include which isnot stated. In explanation given in Sec. 162, it has been cleared thatJanuary - March, 2013133

The Indian Police Journalsometimes when omission, means what is not part of statement andwhich was not stated by witness at the time of interrogation, may alsomaking statement sensible or self-consistent, some words not stated,becomes necessary to imply. Omission in statement is implied whenpositive statement is implying those omissions. In such a situation,omission takes the shape of positive statement though it was not given“Statement in its dictionary meaning is the act of stating orreciting. Pima facie, a statement cannot take in an omission.A statement cannot include that which is not stated. But veryoften, to make a statement sensible or self-consistent, it becomesnecessary to imply words which are not actually in the statement.Though something is not expressly stated, it is necessarily impliedfrom what is directly or expressly stated. To illustrate: ‘A’ madea statement previously that he saw ’B’ stabbing ‘C’ to death; butbefore court he deposed that he saw ‘B’ and ‘D’ stabbing ‘C’to death; the court can imply the word ‘only’ after ‘B’ in thestatement before the police. Sometimes, a positive statement mayhave a negative aspect and a negative one a positive aspect. Takean extreme example: if a witness states that man is dark, it alsomeans that he is not fair. Though the statement made describesrelatively the colour of a skin, it is implicit in the statement itselfthat it is not of any other colour. Further, there are occasionswhen we come across two statements made by the same personat different times and both of them cannot stand or co-exist. Thereis an inherent repugnancy between the two; therefore, if one istrue, the other must be false. On one occasion, a person says thatwhen he entered the room he saw ‘A’ shooting ‘B’ dead with gun;on other occasion, same person says that when he entered roomhe saw ‘C’ stabbing ‘B’ dead: both statement obviously cannotand vice versa…but by construction, the said omissions must bedeemed to be part of the statement in writing. Such omissions arenot really omissions strictly so-called and the statement must bedeemed to contain them by implication. A statement, therefore,in our view not only includes what is expressly stated therin, butalso what is necessarily implied therefrom.” 11134 January - March, 2013

The Indian Police JournalIn the case of Tahsildar Singh v. State of U.P., the Court illustratedthose situations where omission is considered crucial and omissionmay also be used for contradiction. Criminal Procedure Code permitsduring interrogation for the contradiction of maker of statement when“An omission to state a fact or circumstances in the statementreferred to in sub-section (1) may amount to contradiction if the regard to the context in which such omission occurs and whetherany omission amounts to a contradiction in the particular contextshall be a question of fact.”Use of Statement by Prosecutionhe takes statement by the use of threat and commission of violence. to use the statement for any purpose except few exceptions. Forcorroboration of his witness, statement can never be used. Further,for contradiction of accused and defence witness, it can never be usedin other words, if statement recorded is of the accused or defencewitness, statement u/s 161 cannot be admissible and only admissiblewhen statement recorded is of prosecution witness. In the followingsituations, prosecution may use statement taken u/s 161 Cr.P.C. :(i) Contradiction of its own witness recorded u/s 161 Cr.P.C. for contradiction of its witness meansprosecution for shaking his credibility and to show the truth beforecourt; with the permission of court, may make cross-examinationof its own witness and at this stage, according to Sec.162 Cr.P.C.,may use his statement recorded u/s 161 Cr.P.C. for the purposeof contradiction.(ii) To explain contradiction made by defenceon the basis of statement recorded under Sec. 161 Cr.P.C.,then prosecution is permitted to use any part of statement forJanuary - March, 2013135

The Indian Police Journalthe explaining contradiction. This is made at the stage of reexamination.Prosecution at this stage can use the record ofstatement only for the purpose of explaining contradiction.(iii) When statement recorded comes under ambit of Sec. 32(1) orSec. 27 of Evidence Act of Evidence Act, it may be used by prosecution. Dying declarationis statement given by a deceased before his death and statement isgiven either about cause of death or about circumstances causingdeath. At the time of death, it is always presumed that personconsidered as trustworthy and, therefore, made admissible. In admissible, it is completely immaterial whether statement istaken u/s 161 Cr.P.C. anything (incriminating thing) is recovered,then u/s 27 Evidence Act, thing recovered and part of statementbecause of which thing has been recovered become admissible. things in pursuance of statement taken, by which statement willhave evidentiary value and statement and thing recovered bothwill become admissible evidence. In this reference whetherstatement is recorded or not makes no difference. Sec.162 Cr.P.C.completely have changed use and admissibility of statementrecorded u/s 161 Cr.P.C.Concluding RemarksCrime is creating greater challenge before the society at large,needed to be tackled to protect the society and societal members.arrested, evidences of crime commission are collected, and criminals of Criminal Justice System, most important one is the collection ofevidences and all other measures like identifying, arresting andpenalizing criminals depend on it. Collection of evidences means 136 January - March, 2013

The Indian Police JournalInterrogation is most traditional method of collection of evidences, to interrogate any person who is supposed to be acquainted with theis given and it is much wider, there a is possibility of its abuse. In thissituation, justice always requires some restriction on the exercise ofpower. In case of police, allegations are always made of committingcustodial violence for taking statements during interrogation, thereforein Sections 160, 161, 162 and 163 Cr.P.C., very wider powers forinterrogation are given to tackle the problem of crime and criminalitybut, at the same time, some restrictions are imposed on these powersto protect person interrogated from abuse of police powers. not admissible from prosecution side at the time of trial except fewexceptions like dying declaration, hostile witness and incriminatingthings recovered in pursuance of statement. Statements taken duringinterrogation have no stronger evidentiary value, but even after by interrogation, may know about crime, criminal, reason of crime, may know about crucial witnesses of the case, who may be producedas prosecution witnesses. If police recovers any incriminating thing inpursuance of statements taken in interrogation, statements recorded bymay be decided in favour of prosecution. Proper interrogation mayplay crucial role in attaining the objectives of Criminal Justice andCrime and Criminality may be tackled effectively.•1. Section 161(1) Cr.P.C.2. Sec.160(1) Cr.P.C.References3. AIR 1979 SC 185. In this case, victim was alleged to have been rapedThe decision of court acquitting accused persons caused widespreadmovement, resulting in amendment in Indian Penal Code.January - March, 2013137

The Indian Police Journal4. Nandini Satpathi v. P.L. Dani AIR 1978 SC 1025 at p. 1032.5. ibid at p.1045.6. 7. ibid at p.1033.8. Smt. Selvi v. State of Karnataka AIR 2010 SC 1974 at pp. 2060-2061.9. Vinay D. Nagar v. State of Rajsthan AIR 2008 SC 1558 at p.1562.10. Tahsildar Singh v. State of U.P. AIR 1959 SC 1012 at pp. 1022-1023.11. Id at p. 1023.138 January - March, 2013

Effect of Meaningfulness inLife and Stress Resilienceon Mental Health of PunjabPolice PersonnelDr. Vidhu Mohan* & Ms. Manpreet Kaur**KeywordsStress, Meaningfulness in Life, Stress Resiliency, Mental Health, Police Personnel.AbstractPolice stress has been studied vastly in the literature and it remains aconstant source of discussion even today, because Police personnelsuffer from various negative stress-related outcomes. Mental health ofbehave in ways that are dangerous not only to them, but also to theircolleagues, offenders and public at large. The purpose of the present studyis to access the effect of meaningfulness in life and stress resiliency onmental health of Police personnel. A total number of 80 Inspectors wererandomly selected from Patiala Range, Punjab. There were equal numbersof participants at higher level of meaningfulness in life and lower levelof meaningfulness in life group and stress-resilient and stress-predisposed meaningfulness in life and stress resilience scored high on mental health designing of training programmes for Police personnel.STRESS is a fact of daily life. Every profession has inherent stresslevel whether in its working conditions, social conditions, inenvironment or in burden of duties assigned to the employees.Police are the gatekeepers of the Criminal Justice Systems. In comparisonoccupation (Goodman 1990; Alexander, 1999; Anshel, 2000; Paton& Violanti, 1999; Cooper et al., 1982; Colwell, 1988; Heiman, 1975;Author Intro. :* Assistant Professor, Department of Psychology, Punjabi University, Patiala.** Research Scholar, Department of Psychology, Punjabi University, Patiala.January - March, 2013139

The Indian Police JournalKores et al. 1974; Neiderhoffer and Neiderhoffer, 1978; Seyle, 1978;Somodevilla, 1978; Violanti, 1992) not only because of the nature ofthe work environment, the organization and the public scrutiny ofpolicing. The purpose of police service is not only limited to protectlife and property through enforcement of laws, but also extends to avariety of duties like answering emergency calls, checking everythingfor violations, keeping peace, interviewing suspects, victims andwitnesses of crime, routine patrol, law regulation, escorting prisonersto and from court and other related police duties as assigned by theirwhich, is turn, has a detrimental effect on their mental health. Poormental health of Police personnel can result in tragic consequencesnot only for affected employees, but also for the population they aresupposed to serve.The presence of stress among policeman is felt, but not recognizedas the major enemy (Mathur, 1995). There are many negative aspectsof this job, namely, long hours of work, excessive paperwork,unpredictable working hours, boredom, shift work, dealing withviolators of law and antisocial elements of society, lack of respect frompublic, threats of being injured or killed, the militaristic or regimentalnature of the bureaucratic structure with decreased communication,rigidly allocated work pattern, high disciplinary procedures andregimentation (Bhaskar, 1986; Bureau of Police Research &Development, 1993; Jermier et al., 1989; Mathur, 1995; Stotland &Pedlenton, 1989). It is stated by Dhaliwal (2003) that most of the Policeaway from their families and children for long periods, due to whichthey are unable to strike a balance in their personal and professionallives have pointed it out. Ranta & Sud (2008) in their work stated that behavioural stress effects. This leads to their ill health and is a factorPolice personnel in mind, the present study is carried out to explore effect on mental health of these personnel. A brief introduction for thevariables taken up is as follows:• Mental health of employees is growing as a major concerned areain organizations these days. Researches are conducted on getting140 January - March, 2013

•The Indian Police Journalinformation on the factors contributing to their developmentas a state of well-being in which individual realizes his or herown abilities, can cope with normal stressors of life, can workproductively and fruitfully and is able to contribute to his or hercommunity. emotional demands due to which they are at risk for developingmental health problems. Mental health is crucial in Policepersonnel as mental disorders might result in tragic consequencesnot only for the affected employees, but also for the populationthey are supposed to serve. Bhatia (1982) considered mentalhealth as the ability to balance feelings, desires, ambitions andideals in one’s daily life. Fromm (1955) reported mental healthas the ability to love and to create, by the emergence fromincestuous ties to clay and soil, by a sense of identity based onone’s experience of self as the subject and agent of one’s powers,by the grasp of reality inside and outside ourselves, that is bythe development of objectivity and reason. Thus, studying mentalhealth is a very important aspect as it is a lifelong process, whichallows the whole person to develop themselves psychologically,emotionally and spiritually within society.Meaningfulness in LifeMeaningfulness in life is a key aspect of a more broad concept, i.e. one’s life (Crumbagh & Maholick, 1964). People who characterizepurposeful and comprehensible. A large number of studies suggest thatspiritual aspect of individual play a role in physical and mental health(Kaufman et al., 2007). The essence of police work is to do well and to2010). The humanness of its members is often overlooked by PoliceOrganization. The negative aspects of being indulged in the dark natureand emotionally ill and susceptible to burn out, depression, bitterness,ineffective service, suicidal thoughts and a sense of hopelessness.January - March, 2013141

The Indian Police JournalStress ResiliencyResilience is the ability to bounce back, to thrive and increasecompetence in the time of crisis. Resiliency describes the process experience, especially highly stressful events (O’Leary & lckovics,1995; Rutter, 1987). Resilient people can competently handle differentkinds of situations and function smoothly to solve problems. There arethree dimensions of stress resiliency (Thomas & Timon, 1974):• is the habit of focusing upon the negatives atthe expense of the positives. The result is an unnecessary degreeof distress and discouragement.• Necessitating occurs when we think it is necessary or imperativethat we do something - which we “need to” or “have to” do acertain task. Necessitating becomes a way in which we placegreater demands upon ourselves.• Low skill recognition refers to a tendency for us not to recognizethe role of our own abilities in producing our successes. Thisexaggerated sense of dependence can leave us feeling vulnerable task demands are more likely to be experienced as excessive and,therefore, be a source of stress.Resiliency is described as “a class of phenomena characterized byor risk”. People who are resilient face situations with a positivea sound mental health. Being resilient to stress is very important inPolice personnel as their job carry high levels of stress and resilienceis essential for sound mental health and optimum functioning. It isexpected that mental health will be better in Inspectors, who are stressresilientas compared to those who are predisposed to stress.Thus, the objectives of the present study were to assess the effect ofmeaningfulness in life and stress resiliency on the mental health of• Police personnel with high level of meaningfulness in life wouldshow good mental health as compared to Police personnel withlower levels of meaningfulness in life.142 January - March, 2013

The Indian Police Journal• Police personnel high on stress resiliency would show goodmental health as compared to those who are stress predisposed.Method• Sample: The sample comprised of 80 Inspectors drawn randomlyfrom the Patiala Range, Punjab. The age range of subjects was 45-54 years and length of service was 10 to 30 years. All the subjects level. Questionnaires were distributed to collect the data. Priorconsent of the Inspectors as well as their supervisors was sought.• Measures: Following measures were used for the present study: ‣ Mental Health was measured by Employees Mental HealthInventory (Jagdish, 1985). It consists of 24 items, each itemhaving two responses “yes” or “no”. The index of reliabilitywas 0.89. Construct validity was found to be 0.74.‣ Stress Resiliency(Thomas & Timon, 1974). It consists of 18 statements basedand (iii) low skill recognition.‣ Meaningfulness in Life was measured by MeaningfulnessIn Life Questionnaire (Steger et al., 2006). It consists of 10Results and DiscussionTable 1: Showing means and SD of mental health scores formeaningfulness in life and stress resiliencyMILSRLOW HIGH LOW HIGHMEAN 18.45 21.98 18.28 22.15LSD 2.06 2.45 2.04 2.47Table 1 shows the means and SO’s of mental health of Inspectors formeaningfulness in life and stress resiliency. It is clear from the tablethat Inspectors who had high level of meaningfulness in life showedbetter mental health as compared to Inspectors with low levels ofmeaningfulness in life.January - March, 2013143

The Indian Police JournalSource ofvariationTable 2: Summary of two-way ANOVASS df MS FA(MIL) 248.52 1 248.52 41.98**B(SR) 300.32 1 300.32 50.73**AB 46.5 1 46.5 7.86**Within 450.05 76 5.42TOTAL 1045.39 79df(1,76) = 6.99Table 3: Summary of ANOVA for simple effects of meaningfulness inlife for stress resiliency for mental healthSource ofvariationSS df MS FA for b1 255.0252 1 255.0252 43.08**A for b2 40 1 40 6.76*Within 450.05 76 5.92Table 4: Summary of ANOVA for simple effects of stress resiliencyfor meaningfulness in life for mental healthSource ofvariationSS df MS FB for a1 291.6 1 291.6 49.26**B for a2 55.23 1 55.3 9.33**Within 450.05 76 5.92As shown in Table 2, the main effects of both meaningfulness in life[F(1,76)=41.98, p

The Indian Police Journalin life and stress resiliency. Tables 3 & 4 show the simple effectsof A (meaningfulness in life) and B (stress resiliency). It depicts thatparticipants scoring high on meaningfulness in life and stress resiliencyshowed better mental health (M=23.15) than those scoring low onboth these variables (M=15.75).Findings get support from the previous researches, which state thathaving less meaning in life has been associated with depression andanxiety (Debats et al., 1993), suicidal ideation and substance abuse(Harlow et al., 1986) as well as other forms of distress, which leadsto poor mental health. People having more meaning in life have beenpositively related to work enjoyment (Bonewright et al., 2000) lifesatisfaction (Chamberlain & Zika, 1988) and happiness (Debats et al.,1993) among other measures of healthy psychological functioning. Thecumulative effect of confronting evil for years often has a detrimental 2010). The research done by Feldman & Synder (2005) also states thatthose possessing a sense of meaning are generally found to have lowerhas no sense of purpose or meaning in his life, it becomes very hard torealize that what one is capable and able to do effectively in times ofneed to achieve goals and these results in failures. This heap of failureslead person to every type of stressor.competitive one with hope, warmth and happiness, this places uniquepositive effect on mental health. Individuals with high meaningfulnessin life experience satisfaction in their lives, enjoyment of work,happiness, general positive affect, hope and, in general, a higher levelof well-being. Such positivity in life further enables such individuals life and stress resiliency in the present study reported better mentalof participants in both the group is equally stressful. Better mentalhealth of individuals in the former group could be attributed to the factthat meaningfulness in life develops inner sense of purpose toward January - March, 2013145

The Indian Police Journaland the society served. Meaningfulness in life and stress resiliencyenables such individuals to process the emotional pain and evil moreeffectively. These are the forces that determine their effectiveness inperson with a damaged spirit, who cannot serve the public, performits personnel to high levels of stress, which ultimately affect their abilityto perform. However, what matters is not the amount of stress, buthow an individual takes his life and copes with stress. The inner senseof purpose and meaning towards life together with a skill to functionmental health.Conclusionhave meaning in their life, show good mental health. Personnel,who are high on stress resilience from stressful situations, show good & technical skills to do their job, but receive no training to equipthemselves with skills to help them maintain their psychological andphysiological equilibrium in their stressful job. If Police personnel havethe responsibility to protect society at large, then it is very essential toprovide them training to help them regain their inner strength and abalance in their personal and professional lives. It is important to havea healthy police service that serves as an important contribution to thestability and growth of a country.•References1. Alexander, C. (1999). “Police Psychological Burnout and Trauma”. InJ.M. Violanti & D. Paton (Eds.) Police Trauma: Psychology Aftermath of27,375-400.146 January - March, 2013

The Indian Police Journal Psychiatry, 36, 409-427. Delhi. Publishers Pvt. Ltd. Journal of Counseling Psychology, 47, 469-477. submitted in February 1993 by Department of Psychology, University ofAllahabad. Journal for the 27, 411-420. Journal of Occupational Medicine, 24, 30-36. Democrat) in FBI Law Enforcement Bulletin, 57(2) US Department of Existentialism: The Psychometric Approach to Frankl’s Concept of Noo-Journal of Clinical Psychology, 20, 200-207. Psychometric Properties of the Life Regard Index (LRI): A Measure of14, 337-345.13. Dhaliwal, S. (2003). 'The Tribune', Saturday, August 16. Theoretical and Empirical Associations between Goal-Directed Thinking Journal of Social and Clinical Psychology, 24(3),401-421. January - March, 2013147

The Indian Police Journal Journalof Business and Psychology, 5, 85-99. Self-Derogation, Substance Use, and Suicide Ideation: Lack of PurposeJournal of Clinical Psychology, 42, 5-21. Journal of Police Scienceand Administration, 3, 264-273. Prakashan, Agra. Journal ofOrganisational Behaviour, 10, 15-23. Human Relations,42, 185-197. Journal of Police Science and Administration, 2, 145-155. Indian Journal of Criminology, 23, 9-10. 1, 121-142. Charles C. Thomas. Journal of the Indian Academy of Applied Psychology,34, 1, 29-39. American Journal of Orthopsychiatry, 57, 316-331.148 January - March, 2013

The Indian Police Journal Psychological Inquiry, 9, 1-28. 26, 5-17. 1, 7-8. The Police Chief, 45, 21-23. Life Questionnaire: Assessing the Presence of and Search for Meaning inJournal of Counseling Psychology, 53, 80-93. Journal of ExperimentalSocial Psychology, 45, 686-694. Journal of Social Psychology, 132,717-729. FBI Law Enforcement Bulletin.January - March, 2013149

Domestic Violence: SomeSocio-Legal ContoursKeywordsJasdeep Kaur*Domestic Violence, Protection of Women, Violence against Women, Human RightsViolation.AbstractDomestic Violence is the most pervasive, invisible and widespread formof violence against women. It has emerged as a critical issue. It is also alingening-issue of women’s movement in India and amendments are alsowomen bodies started demanding a Civil Law. After a rigorous exercise forwhich is intended to provide and protect the women from being victims ofthe Domestic Violence and to prevent the occurrence of Domestic Violencein the society, was passed in the form of Protection of Women fromso far as the offence of Domestic Violence is concerned. However, thedoubt is about its effective implementation. It appears that the framers ofthe Act completely lost their way and ended with drafting a more PenalLaw dealing with offenders rather than dealing with social problems of theVIOLENCE against women, a widespread phenomenon, isespecially shameful violation, which effectively depriveswomen of all their rights. It is an obstacle to the achievement ofthe objectives of equality, development and peace. It is viewed as oneof the most crucial societal mechanism by which women are forcedinto subordinate position. It is the manifestation of unequal powerrelations, which has lead to man’s domination over and discriminationAuthor Intro. :* Lecturer in Law, Rayat and Bahra College of Law, Sahauran, Mohali.150 January - March, 2013

The Indian Police Journalagainst women. 1 Undoubtedly, violence against women is not limitedto the traditional forms, such as beating, rape or murdering. Newmodes of victimization are constantly emerging. Violence starts beforebirth and continues over the lifetime. 2 Domestic Violence is the mostpervasive, invisible and widespread form of violence against women.It has emerged as a critical issue. 3 Domestic Violence is an universalphenomenon and one of the most pernicious methods adopted bypatriarchal society or social system to keep women subjugated andsubordinated. Domestic Violence occurs at home which is consideredas the safest place for women. 4 According to Sydney Brandon,“Statistically, it is safer to be on the streets, after dark with a strangerthan at home in the bosom of one’s family, for it is there that theaccident murder and violence are likely to occur”. 5Historical BackgroundHistorically, the term ‘Domestic’ refers to an idealized family unitfunctioning in a protected manner. Traditionally, the family hasmembers. This idealized conception has all along been shieldingDomestic Violence. 6 It is also a long-continuing issue with women’smovement in India. However, it is only in 1983 and in 1986 thatthrough two Criminal Amendment Acts, the Criminal Laws wereamended to include some forms of violence within home and makeit punishable under Section 498-A and 304-B in the Indian PenalCode respectively. 7 women bodies started demanding a Civil Law on this particular issueas it was felt that criminalization is not the answer to the problemfaced by women in their homes. It was realized that sending husbandto jails under the prevailing laws is not a solution; rather it increasesthe women’s problems ranging from maintenance to shelter. Further,1 Implications”, Violence against Women: Issues and Perspectives, Deep and DeepPublications, New Delhi, 2000, p. 3.2Auna et al., Violence against Women: Issues and Perspectives, Deep and DeepPublications, New Delhi, 2000, p. 19.3 Criminal Law Journal, July 2007.4 Criminal Law Journal, 2005.5Suman Gupta, “Domestic Violence: Its Legal Contours”, Criminal Law Journal, 2005,p. 292.6R. Revati, Law relating to Domestic Violence, Asia Law House, Hyderabad, 2004, p. 20.7SeeJanuary - March, 2013151

The Indian Police Journalwomen are not in the position to follow the case due to lack of accessto enough resources to pursue such cases for a longer duration. 8 Afterremedy under Civil Law, which is intended to provide and protectthe women from being victims of the Domestic Violence and toprevent the occurrence of Domestic Violence in the society, DomesticViolence Bill was introduced in 2002 and it was passed in the form ofAct was passed keeping in view the International Conventions, likeVienna Accord of 1994, Beijing Declaration and Platform for Action,1995. The Statement of the Objects and Reasons of the Act providesthat the phenomenon of Domestic Violence is widely prevalent, buthas remained largely invisible in the public domain. Presently, wherea woman is subjected to cruelty by her husband or his relatives, itis an offence under Section 498-A of Indian Penal Code. The CivilLaw does not, however, address the phenomenon in its entirety. 9 ThePresent Act is enacted keeping in view the rights guaranteed underthe Constitution to provide for a remedy under the Civil Law, whichis intended to protect the women from being victims of DomesticViolence. 10Features of the ActThe Act provides for the different types of provision for the protectionof women from Domestic Violence. These may be analyzed as under:• The present Act seeks to cover those women, who are or have beenin a relationship with the abuser, where both parties have livedtogether in a shared household and are related by consanguinity,marriage or a relationship in the nature of marriage, or adoption,in addition relationship with the family members living togetheras a joint family are also included. Even those women, who aresisters, widows, mothers, single women or living with the abuser,are entitled to protection under the Act. 118 Violenceagainst Women: Issues and Perspectives, Deep and Deep Publications, New Delhi,2000, p. 37.9See Statement of Objects and Reasons appended to the Protection of Women fromDomestic Violence Act, 2005.10See 11See Section 2 of the Protection of Women from Domestic Violence Act, 2005.152 January - March, 2013

• The Indian Police JournalThe Act includes Physical, Sexual, Verbal and Emotional as wellas Economic abuse. It proposes that if some one harms or injuresor endangers the health, safety, life, limb or well-being, whethermental or physical or both, of aggrieved person with a viewto coerce her or any person related to her relating to unlawfuldemand of dowry or other property or valuable security, then itwill be treated as Domestic Violence. 12• Safeguards under the ActThe Act provides for various safeguards against its misuse byproviding for the domestic violence report to be submitted by the• Right to Secure HousingThe Act provides for the women’s rights to reside in thematrimonial or share hold, whether or not she has any title orright in the house or the property concerned of the male person.This right is secured by the residence orders. These orders cannotbe issued against any one who is a woman. These orders restrainthe respondent from dispossessing or disturbing the possessionof the aggrieved person. The person can also be restrained fromalienating or disposing of the share hold property. 13• Protection OrdersThe Act has given powers to the court to pass protection ordersthat prevents the abuser from aiding, abetting or committing theoffence of Domestic Violence or any act, which causes violenceto the victim or her relatives. 14• Custody and Compensation OrdersThe custody of the child can be given to the victim concernedtemporarily by the Magistrate. In addition to this relief, thecompensation orders can also be made on the basis of theapplication moved by he victim concerned. 1512See Section 3 of the Protection of Women from Domestic Violence Act, 2005.13See14See Section 18 of the Protection of Women from Domestic Violence Act, 2005.15See Section 21 and 22 of the Protection of Women from Domestic Violence Act, 2005.January - March, 2013153

The Indian Police Journal• Speedy Justice to the VictimSpeedy justice is also ensured by the Act as it provides that thethe complaint and the case must be disposed of within a periodhas been provided that the proceedings must be in camera and exparte orders can also be passed if the other party does not appearbefore the Magistrate. 16• CounsellingThe Act provides for the counselling of the parties by a member ofa Service Provider at any stage of the proceedings. This provisionis relevant so far as the settlement of the dispute is concerned. 17• Penalty for the Breach or Protection OrdersThe Act provides that a breach of protection order or of an interimprotection order by the respondent is made as an offence. It ismade cognizable and non-bailable offence and the court canconclude on the sole testimony of the aggrieved person that theoffence has been committed. 18Drawbacks or Flaws in the Act • Danger of Failure and MisuseAlthough, the Act is well mentioned and designed to protect thewomen from curse of Domestic Violence, its implementation inour prevalent socio-economic and family environment seems tobe fraught with the danger of failure and misuse. The Act appearsto move on the presumption that all women are innocent,accommodating by nature and carry decent amicable disposition.On the other hand, vices and ill behaviour are solely the forte16See Section 12 and 13 of the Protection of Women from Domestic Violence Act, 2005.17See18See Section 32 of the Protection of Women from Domestic Violence Act, 2005.154 January - March, 2013

The Indian Police Journalarises in the family, there are several contributing factors in it. 19• Legalizing ImmoralityIn the zeal of providing protection and assistance to women, theAct provides for the provisions, which are neither recognizedby our society or by our existing matrimonial and Penal Laws.The concept of live-in relationship, which is very common inpermissible nor possible in the view of the moral sentiment of oursociety. 20• The Legislature, while passing the Act, did not notice that someActs. It has not been noticed that having sexual intercourse withany other person other than his or her spouse is a ground ofDivorce under Hindu Marriage Act, 1955. 21 Even Section 24 and25 of the Act, which provides for maintenance, do not recognizeany relationship except that of legally-wedded husband andwife. 22 Besides this, Section 125 of the Criminal Procedure Code,1973 also grant maintenance to wife, children, father and motheronly and not to the person in illegitimate relationship. It is amatter of irony that while on the one hand, a married womanindulging in adultery is not entitled to claim maintenance fromhusband, she will be entitled to claim it from the person withwhom she has illicit relationship.• No Relationship between Aggrieved and other PersonThe Act provides that apart from the aggrieved person, any other to suggest that there is an apprehension of misuse of the Act byof the Act with an intention to disturb the peaceful life of the19 Need for Amendment”, Criminal Law Journal, July 2008, p. 208.20 Immorality Legalized”, Criminal Law Journal, March 2007, p. 54.21See22SeeJanuary - March, 2013155

The Indian Police Journalfrivolous complaints. 23 The term any other person is very vague. Itwill be very strange that a person, who is stranger, who does noton her behalf.• Provision of CounsellingAs already discussed, the Act provides for mandatory counsellingfor the parties concerned. The provision provides that the womenshould undergo mandatory counselling with the respondent. Itgoes against the very principles of counselling. The aggrievedperson and the respondent are in unequal situation and jointcounselling and it cannot be possible in such a situation. 24• Civil Remedy and Criminal OffenceAlthough, the Act provides for the Civil Remedy to the womenconcerned, however, the offence committed under the Act aremade cognizable and non-bailable. The experience shows thatonce the husband or his relatives are sent to jails, the settlementFurther, the offence is made non-bailable, it again reduces thechances of settlement.• Economic Abuse No Criteria to decide Domestic ViolenceThe Act provides that even if the male member of the familymisappropriates or disposes of his share or share of womanmember of the family in a movable or immovable assets, he maybe hauled up for committing the offence of Domestic Violence.This meaning is, in fact, against the spirit of the Act and the basicconcept of violence. 25Judicial Attitude regarding the Application of the ActThere are a number of decisions given by the different courts, includingdifferent High Courts as well as Supreme Court, giving interpretationof different provision of the Act.23 CriminalLaw Journal, February 2009, p. 17.24Ibid., Note 3, p. 295.25See Section 3 of the Protection of Women from Domestic Violence Act, 2005.156 January - March, 2013

The Indian Police Journal• S.R. Batra v. Taruna Batra 26The Supreme Court has given the interpretation of the provisionregarding the share household. The court is of the opinion that no 27 ,but it is not property worded and seems to be a result of clumsydrafting. The court has to give the interpretation in the sensiblemanner and which does not lead to chaos in the society. The courtheld that the wife is only entitled to claim a right to residence.The court rejected the argument that the share household willmean the household in which the wife has lived or stayed. If thissubmission is accepted, then it will mean that where the husbandand wife lived together in the past that property becomes a sharedhousehold. It is quite possible that the husband and wife mayhave lived in dozens of places, all these places will, accordingto the contention, will be treated as shared household and thewife will insist on living in either or at all the places. Such a viewwould lead to chaos and would be absurd.• Ajay Kant v. Alka Sharma 28Taking into account the basic object of the Act, the Courtthe Act only against adult male person and not against the femaleconcerned. Thus, the court has taken the opposite view as is takenby the Kerala High Court in dealing with the same provisions ofthe Act.• Priya v. Shibu 29The question which is raised in this case was whether a divorced Act claiming the return of the dowry and ornaments and alsomaintenance payable under Section 125 of Cr.P.C. The Court to whether the applicant should continue to be in a domesticrelationship with the respondents on the date of preferring theclaim. In other words, whether the employment of the presentperfect continuous tense in Sections 2(a), 2(f), 2(q) and 2(s) rendersit obligatory on the part of the applicant to be in a domestic262007 (1) Apex Court Judgements 001 (SC).27See Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.282008(2) Cr. Court Cases 476 (M.P.).292009(1) Cr. Court Cases 298 (Ker).January - March, 2013157

The Indian Police Journalrelationship on the date of preferring the application. The Courtheld that the words ‘has been’ and ‘have lived’ are also used inthe Act, which means that even though it is not in continuity, thenalso the application can be made on the basis of past relationship.• Nand Kishore v. State of Rajasthan 30In this case also, the Court took the opinion that the complaintcan be against any male or female relative of the husband as theproviso to Section 2(q) of the Act provides only about the relativeand not the male relative.• Dr. Vinod Parasher v. State of U.P. 31The Court held in this case that the proceedings under the Act isessentially of civil nature and it is only for the purpose of cuttingdown procedural delays that the powers have been conferred tothe Magistrate under the provisions of Cr.P.C. for the enforcementof rights under the Act.• Ramadevi v. State of Kerala 32The Court in this case has refused to give narrow meaning to theword ‘aggrieved person’ and ‘respondent’. The aggrieved personmeans any woman who is or has been in a domestic relationshipwith the respondent and who alleges to have been subjected toaggrieved person can only relate to a domestic violence allegedto have been committed by the respondent to the application andfor the meaning of the term respondent, the reference can be madeto Section 2(q) of the Act, which provides that it means any adultmale person who is or has been in domestic relationship withthe aggrieved person provided that the aggrieved wife or femalecomplaint against a relative of the husband or male partner. Thus,such a relative cannot be only a male partner. If the respondentto an application under Section 12 of the Act could only be malepartner and a female person could never be the respondent toan application under this Section, then the proviso to Section 19(1) would be meaningless. 33 If the proviso is considered, then itwould indicate only embargo against the passing of the residenceorder.302009(3) Cr. Court Cases 259 (Raj).312008(3) Cr. Court Cases 0217 (All).322009(1) Cr. Court Cases 083 (Ker).33See 158 January - March, 2013

The Indian Police Journal• Madhusudan Bhardwaj v. Mamta Bhardwaj 34 Act, the Court considers that in domestic violence, it is not alwaysa woman who is a victim or sufferer party. There may be caseswhere the male partner may be harassed. The Court are requiredto be vigilant enough in deciding the question and the dispute asto which part of the family is a victim of the domestic violence.The application of the wife cannot be allowed without providingopportunity of leading evidence.Conclusion and SuggestionsDomestic Violence Act is certainly a step forward to ensure women’ssafety at home. However, the doubt is about its effective implementation.A comprehensive law dealing with Domestic Violence was due for along period of time. 35 The Legislature intends to provide protectionand assistance to the women facing Domestic Violence in their homes.However, it appears that the framers of the Act completely lost theirway and ended with drafting a more Penal Law dealing with offendersrather than dealing with social problems of the society. 36 There aresome suggestions for proper implementation of the Act:•• Domestic relationship in the Act includes every relationshipwhich also involve immoral relationships, which itself is againstthe society and moral values of our Nation. So, there should provisions of the Act concerned.• The Act is enacted to provide civil remedy to the victim concernedand itself make the violation of the provision of the Act as anoffence. Thus, the resolve of the Parliament must be to make itpurely a Civil Law.342009(4) Cr. Court Cases 527 (M.P.).35 Criminal Law Journal, April 2009.36 Criminal Law Journal, September 2008.January - March, 2013159

The Indian Police Journal•• worded and appears to be the result of clumsy drafting and it canHowever, they could act arbitrarily and misuse the particularoccasion or situation. In order to avoid these situations, it isnecessary that they should function under the control of the their appointment should be through open competition andtransparent process.• Having a law is no guarantee that it will be properly implemented.The monitoring of the implementation of law is as crucial ashaving the law itself. It is, therefore, suggested for the properimplementation of law, some agency under the authority of someimpartial person as a head to control and examine the extent ofits working under the Act must be established.• The Act provides for penalty to the offender if he violates the Provider if he puts before the Court the false complaint againstthe offender. So, unfettered discretion is given in the case as theyare treated as Public Servants. There is need to impose penalty intheir cases also.of the aggrieved person concerned, the rules should be made that thea complaint against the offender. In this way, vexatious complaints Provider.There is no denying the fact that personal laws carries their ownimportance in the society. This is the law on which the society places itsreliance for protection against the deepest injuries that human conductinstrument of safety is matched only by its power to destroy. Thus,the balance has to be maintained within legislation and the process ofexecution of the law in order that it is not abused by vested interest. •160 January - March, 2013

Processed Inkjet Inks Analysisby High Performance ThinLayer ChromatographyRashmi Sharma*, Rajeev Kumar**, Seema Srivastava***,Mohinder Singh # & Prof (Dr.) A.K. Gupta ##KeywordsInk of Inkjet printers, Processed, Cyan, Magenta, Yellow, Black.AbstractIn this technological era, the use of electronic equipments has occupied anextensive position. Crimes involving computer and printers are increasingday by day. The Inkjet printer is the most common type of printer used fairly good quality of prints. Several cases of printed disputed documentshave been received in laboratory like cheques, demand drafts, musicconcert tickets. An expert attempt has been made to provide a peculiar Inkjet printer. Chromatography of inks extracted from printouts of 2and similarity between them. A new solvent system has been developedto analyze processed Inkjet ink (ink extracted from the printouts), which spots were scanned using densitometer.IntroductionITH the advent of cheap and sophisticated printing equipmentsthe documents frauds are on rise like anonymous letters,fake stamp papers, postal stamps, bank cheques, counterfeitAuthor Intro. :* Senior Research Fellow, Central Forensic Science Laboratory, Hyderabad-500 013.** Junior Research Fellow, School of Forensic Science, Sam Higginbottom Institute ofAgriculture, Technology & Sciences, Allahabad-211 007.***#Government Examiner, Central Forensic Institute, Kharadi, Pune-411 014.##Dean, School of Forensic Science, Sam Higginbottom Institute of Agriculture,Technology & Sciences, Allahabad-211 007.January - March, 2013161

The Indian Police Journal Over the past decades, there has been a tremendous increase in theof printers are available in the market. Out of which Inkjet printers aresimple, having high ppm (page per minute) capacity, accessible andare of low cost. This made printing from Inkjet printer very convenientnot only for legitimate use, but also for illegal activities. Criminalstendency poses a serious threat to any nation's economy.Inkjet printing became widely accepted about 20 years ago with theintroduction of the IBM 46/40 printer in 1976 and of the Siemens types of Inkjet printer inks offering improvements. These inks containvarious functional categories of ingredients. Inkjet printer ingredientsinclude colourants (dyes, pigments), solvents, resins, humectants agents (as some dyes require pH control for longer term storage). Inkexamination can be regarded as a specialized area of Forensic (orquestioned) document examination, which itself covers dozens ofgeneral categories of analyses. In an investigation scenario, Forensicexperts are required to examine and analyze the printer inks.out any difference or similarity between processed inks of each printerby separating its ink components. Several solvent systems have been1,2 dichloroethane: Acetone, 1,2 dichloroethane: Ethanol: Ethyl which n-butanol: acetone: distilled water: ammonia has been foundto give better results.Materials & Methods• Reagents and Apparatus ‣ Ammonia & 1,2 dichloroethane of AR Grade. ‣ Precoated Silica Gel 60 TLC plates from Merck (with162 January - March, 2013

• Sample PreparationThe Indian Police Journal‣ Printouts were taken from Inkjet printers, HP Business Inkjet1000 & HP PhotoSmart C 3188. ‣ The sample was prepared by keeping constant RGB values inTable 1: Values of RGB (Red, Green, Blue) colour model in MS-Wordused for printing of documents on the same substrate of paperBilt copierInkjet Ink R G BCyan 0 255 255Magenta 255 0 255Yellow 255 255 0Krypton (Black) 0 0 0InstrumentationPlates were developed in a 20 cm x 20 cm CAMAG HPTLCchamber in the solvent system n-butanol: acetone: distilled water:ammonia = 25:25:5:17.5. Spots of samples were applied usingdisposable capillaries by keeping origin point at 1.5 cm. Afterapplication, spots were dried. The development distance was 100 mmfrom the origin (spotting point) of the plate and the migration time wasapproximately 35 minutes.To analyze the processed ink, a small piece of paper was dissolved in1,2 dichloroethane. TLC of processed ink extracts from both printers aluminum plates from Merck. TLC plates were activated in oven developed by saturating chambers for 20 min. But the best results wereobtained by using unsaturated chambers. After 35 min, plates wereremoved from the chamber. The spots were visualized by observationunder a 254 nm & 366 nm UV lamp CAMAG Reprostar of HPTLC.Densitometric evaluation with the TLC scanner 3 (CAMAG) was carriedout by absorbance measurement at UV 320 nm in the calibrationrange of 200 to 700 nm. Plate’s images were documented by use ofthe digistore2 documentation system (CAMAG) under illumination atUV 254 nm and UV 366 in absorbance mode. Data obtained wereprocessed with win CATS software version 1.4.2 (CAMAG). Spectralanalysis under visible and UV range has been done for all samples.January - March, 2013163

The Indian Police JournalObservationsA spot of paper has also been spotted to show any kind of interferencein samples.Table 2: Description of samples spotted on TLC plateSpotNo.Colour of processed ink takenfrom Inkjet printerHP Business Inkjet 1000 & Sample IdSpotNo.Colour of processed ink takenfrom Inkjet printerHP PhotoSmart C 3188 & Sample Id1. Cyan (C-1) 7. Paper2. Magenta (M-1) 8. Cyan (C-2)3. Mix (C+M+Y+K) 9. Magenta (M-2)4. Yellow (Y-1) 10. Mix (C+M+Y+K)5. Black (K-1) 11. Yellow (Y-2)6. Paper 12. Black (K-2)(a) Under Visible Light(b) Under UV-366 nm(c) Under UV-254 nmChromatogram developed for HP Business Inkjet 1000 &HP PhotoSmart C 3188164 January - March, 2013

The Indian Police JournalTable 3: The R fvalues of different spots obtained in samplesSl.No.SampleR f1. Cyan-1 0.50 0.65 0.762. Cyan-2 0.50 0.65 3. Magenta-1 0.29 0.34 0.48 0.62 0.65 4. Magenta-2 0.48 0.65 0.735. Yellow-1 0.47 0.65 0.736. Yellow-2 0.47 0.63 0.65 0.737. Black-1 0.35 0.49 0.63 0.65 0.728. Black-2 0.23 0.32 0.49 0.63 0.65 0.72ResultsFrom the Table 3, it is observed:• CyanCyan-1 is having a band at R f0.76 which is absent in Cyan-2.• MagentaBand at Rf 0.29, 0.34, 0.62 in Magenta-1 differentiate it fromMagenta-2, whereas band at R f0.73 in Magenta-2 differentiate itfrom Magenta-1.• YellowYellow-2 is having a band at 0.63, which is not present inYellow-1.• BlackBlack-2 is having bands at R f0.23 & 0.32, which is absent inBlack-1, whereas band at R f0.35 in Black-1 differentiate it fromBlack-2.• PaperBands are observed at R f0.65 in all samples, which is due to paper sample spotted for blank paper at the same R f0.65.January - March, 2013165

The Indian Police JournalSpectra 1: Superimposition of spectra’s of processed cyan colour takenfrom HP Business Inkjet 1000 Printer (spectra colour-black) &HP PhotoSmart C 3188 Printer (spectra colour-green)] at an Rfof 0.50.ConclusionChromatography of all four inks (CMYK) has been done for both ofthe printers. Besides visible colours, ink components revealed inBased upon the chromatogram developed and after scanning eachspots in densitometer, it was observed that all spots are not consistentwith each other. It is not always possible that output (printout) of twoInkjet printers is same.Spectra-1 indicates the some of the similar ink constituents in Cyancoloured ink. But some differences are also found, which might be ink manufacturer, which may not be having exactly the same inkconstituents as the original ink manufacturer.166 January - March, 2013

The Indian Police JournalThe cyan ink of both printers differs at the R fof 0.76, whereas similarat the R fof 0.50.Magenta Ink of both printers differs at the R fof 0.29, 0.34, 0.62, 0.73,whereas similar at R f0.48.Yellow ink of both printers differs at 0.63 f0.23, 0.32, 0.35 whichresembles 0.49, 0.63, 0.65 & 0.72. Slight variation in R fof somespots always remains due to different ink composition.•AcknowledgementsCorresponding author is thankful to Director-cum-Chief Forensic Scientist,Directorate of Forensic Science, Government of India, New Delhi forproviding Research Fellowship. The authors would like to thank Shri A.K.Ganjoo, Director, CFSL, Hyderabad for permitting us to carry out thiswork in his esteemed laboratory.References1. Thin Layer Chromatography, A Laboratory Handbook, edited by EgonStahl, 2nd edition, 1969. Journal of Chromatography, 81 (1973), 181-186.3. Brunelle, Crawford, “Advances in the Forensic Analysis and Dating of4. Poon N.L., Ho SSH, Li CK, “Differentiation of Colored Inks ofInkjet Printer Cartridges by Thin Layer Chromatography and HighPerformance Liquid Chromatography”, Science & Justice, 45 (2005),187-194.January - March, 2013167

Role of Emotional Intelligencein Police OrganizationKeywordsDr. Om Raj Singh*Humanitarian, Optimistic, Satisfaction, Happiness, Creativity, EmotionalIntelligence, Efficient, Quality, Communication, Success, Empathy, Self-Awareness,Self-Regulation, Distress, Motivation, Achievement, Commitment.AbstractThe success of any organization in the long run depends very much on theits nature. The main objective in the management of Police Organizationshould be to provide various kinds of learning experiences to its Police Force.With the objective of the developing human beings for their advantage andharnessing their physical, mental, emotional and intellectual endowmentsand abilities for the growth and development of the Police Organization,emphasis should be placed on the emotional aspect of the humanresource, besides the cognitive one. In this regard, Emotional Intelligencehas emerged as the crucial factor in the successful management of PoliceOrganizations. Emotional Intelligence can help in creating an enthusiasticwork environment, employee satisfaction, optimism, happiness, creativity, organizational development. Hence, police management will also do wellto incorporate practices of Emotional Intelligence, thus leading to emotionalquality management in the organization for the welfare of the people, tothe people and by the people.ORGANIZATIONS have traditionally focused primarily on theimportance of Intelligence Quotient with less attention givento other types of intelligences. The objective in police systemAuthor Intro. :* National Institute of Public Cooperation and Child Development,New Delhi-110 016.168 January - March, 2013

The Indian Police Journalis to substantiate the view that Police personnel who can be trainedto be emotionally intelligent. Further, it discusses the importance ofinvesting in soft skills development of Police personnel.Emotional IntelligenceEmotional Intelligence refers to the ability of the individual to set agoal in life, work towards achieving it, negotiate it and feel empathetictowards a fellow-being. It involves the ability to deal with feelingsand the ability to communicate. In fact, the lack of these skills hasfar-reaching impact, leading to unhappiness and inability to formintelligence is basically determined at birth, Emotional Intelligence Intelligence as the single most important factor predicting successand happiness in life. Until 1980s, there was no talk of Emotional‘Emotional Intelligence’ to describe a person’s ability to understandone’s own emotions, the emotions of others and act appropriately. Theterm ‘EI’ became popular in 1995 with the best selling book, “EmotionalDaniel Goleman, Doctorate in Psychology, from Harvard Universityand science writer with ‘New York Times’. He followed it up withanother title “Emotional Intelligence in a workplace”. The emergenceof the EI gave the explanation that the people with high IQ might notnecessarily be successful and a theory that true intelligence is actuallya combination of both EI and IQ. Emotional Intelligence refers tothe capacity of recognizing our own feelings and those of others formotivating ourselves and managing emotions well in ourselves and inour relationship (Daniel Goleman, 1998).It was Daniel Goleman (1996), who has pioneered the concept ofEmotional Intelligence. It is increasingly recognized that an individual’ssuccess at work to the tune of 80% is dependent on EmotionalIntelligence (EI) and 20% on the more commonly known IntelligenceQuotient (IQ). IQ is a measure of one’s intelligence level, while EI is ameasure of one’s emotional level. It describes the qualities of a person,e.g., self-motivation, self-awareness, impulse control and empathy. Itmeans being smart about one’s emotions. It is different from IQ, inthat, it can teach the children EI skills to give them a better chance touse their genetically given intellectual potential, i.e. IQ. Those whoJanuary - March, 2013169

The Indian Police Journalare insensitive to emotions in others will not see the need to care an acquired trait. Emotional skill, such as empathy can be taught anddeveloped as children grow, and love their lives. Emotions, therefore,may be the true measure of human being. Emotional Intelligencehas its roots in the concept of social intelligence, wherein EI wasunderstand and manage men and women, boys and girls to act wiselyin human relations. According to Mayer and Salovey, “Emotionallntelligence is a type of social intelligence that involves the ability tomonitor one’s own and other emotions, to discriminate among them,and to use the information to guide one’s thinking and actions.” Thedifference between Intelligence Quotient and Emotional Intelligencecan be described in such a way that a high IQ is all about how quicklyyou can do puzzles, and how many words you know, but EmotionalIntelligence is about feelings, and understanding the feelings of otherpeople. For example, a person high IQ might get high marks orgrades in academics, but it will be the Emotional Intelligence, whichdetermines how happy he/she is and, thereafter, how well he or shecan get along with others in work relations and life in general.Emotional Intelligence can change unlike IQ, which generallystabilizes when a person is around 18 years of age. A person with alow EI score on empathy today can have a higher empathy score inthe future - if that person (police people) recognizes his limitations,changes his attitude, adopts a learning strategy and practices keylistening and empathy skills. EI is, in a way, prerequisite of leadership.An analysis has shown that it plays an increasingly important roleat the highest levels in a police structure. In other words, higher therank of a person in a police system considered to be a star performer,the more EI capabilities show up as the reason for this effectiveness.Peter Salovey offers a framework EI characteristics of self-awareness orknowing one’s own emotions, the ability to manage one’s emotionsand impulses, self-motivation skills, empathy or the ability to sensehow others are feeling and lastly, social skills or the ability to handlethe emotions of other people.Self-Awarenessthe ability of a person to be able to know the reason for his emotional170 January - March, 2013

The Indian Police Journalresponse, thus improving his chances of handling it in an appropriatemanner. People incapable of soothing themselves have to constantly back more quickly from life setbacks. This is not an easy skill asemotions often appear in disguise as with a parent yelling at a childfor running onto the road, anger borne out of anxiety. Yet, for all itscomplexity, self-awareness is the most crucial skill, says Goleman, asit allows us to exercise self-control. It also allows people to developcoping mechanisms during period of intense emotional upsurge. Forinstance, going out for a brisk jog when one is feeling tense may be atrigger response in the body mind that is incompatible with the earlier reviews. Persons with this quality know about their limitations andstrengths and they often demonstrate a thirst for constructive criticism.However, people with a low degree of self-awareness interpret themessage that they need to improve as a threat or a sign of failure. risks they take on the job are calculated. They will never ask for achallenging task that they know they cannot handle. The key tosuccess is knowing oneself. Self-awareness is knowing one’s internalstates, preferences, resources, institutions, etc. It indicates the ability torecognize, understand and accept one’s own moods, emotions, drives,strengths and shortcomings as well as to see how these affect otherpeople. According to Goleman, self-awareness includes the followingthree important steps:• Emotional awareness: It means recognizing one’s emotions andbecoming aware of how their feelings and emotions affect theiras well as other’s performance.• Accurate self-assessment: It refers to a candid sense of one’spersonal strengths and weaknesses. One becomes aware of experience, show interest for self-development.• These people are decisive, assertive and have a strong sense ofone’s self-worth.January - March, 2013171

The Indian Police JournalThus, an awareness of one’s emotions, assessment of one’s strengths managing not only themselves, but also others in their relationshipsand dealings.Managing Emotions or Self-RegulationsManaging emotions or self-regulations is that component of EI, whichfrees us from being prisoners of our own feelings. People engaged insuch conversation feel emotional impulses just as every one else does,ways. Self-regulation is very important for police leadership. People,who are in control of their feelings and impulses, are reasonable andare able to create an environment of trust and fairness. In such an is high. Self-regulation refers to managing and handling impulses,distressing feelings and upsets rather than denying or repressing thesefeelings. It implies making a choice as to how we express our feelings.Self-regulation helps in staying compose, focused, calm and helps• Self-control: In Buddha’s view, self-control is the secret ofhappiness. Self-controlled persons can manage their emotionseffectively and face defeat and success with equanimity.• Trustworthiness: Trustworthiness means displaying honesty,integrity and taking responsibility for their actions.• Conscientiousness: obligations, make attempts to keep their promises.• Adaptability: challenges and changes. They can choose and smoothly handleany situation and their responses to the circumstances aremeasured and effective.• Innovation: Innovation implies novel ideas, approaches and newperspective. Their perspective is very wide, which helps them incoming up with original solution to problems.MotivationA singularly important factor for all effective leaders is motivation.Many people are motivated by external factors, e.g., big compensation172 January - March, 2013

The Indian Police Journalpackages or the status that comes from the position one enjoys inan organization. On the other hand, those with leadership potentialare motivated by a deeply-extended desire to achieve for the sakeof achievement. People with high motivation remain optimisticeven under unfavourable circumstances. Motivation helps in theachievement of goals. It is an ability to pursue goals with energy andpersistence. It provides the drive and zeal to shape our thoughts andactions. Three important motivational competencies are as follows:• Achievement drive: It refers to striving to improve or meet astandard of excellence. The people with achievement drive areresult-oriented. They take calculated risks and readily face anytype of challenges.• Commitment: It refers to aligning oneself, identifying oneselfwith the goals of a group or organization. They do not yield toany pressure or threat.• Initiative and Optimism: People with emotional balance take alot of initiatives and they are generally optimistic. They have theability to seize opportunities, mobilize others to get things done,done, see the positive side of things. The more physical presenceof persons with high motivation makes a lot of difference in theatmosphere. Their optimistic view encourages others.EmpathyEmpathy is another important factor, which recognizes emotions inothers. People, who are empathic, are more attuned to the subtlethoughtfully considering other’s feelings along with related factors inthe process of making intelligent decisions. It is particularly importanttoday as a component of leadership for various reasons. The reasonsinclude increasing use of team works or group activity, the rapid paceof globalization and the ever-growing need to retain talent. Teamworkis possible only in the environment of mutual understanding andtrust for which empathy is the basic ingredient. In a globalized, crossculturaldialogue enviorn there is a possibility of misunderstandingand mistrust, in such situations, empathy could be an antidote. People,who have empathy, have a deep understanding of the importance ofcultural and ethnic differences.January - March, 2013173

The Indian Police JournalRetention of talent has become very important, particularly in our ageand times. Leaders have always needed empathy to develop and keepgood people. It refers to the ability to put oneself into another’s shoesand look at things or think from his or her point of view. It can becalled the foundation skill for all the social competencies. Emotionallybalancedpeople are generally empathetic and not sympathetic.Empathy includes the followings:• Understanding others: The person tries to understand others bytrying to know his feelings and show interest in his welfare.• Service-orientation: Service-orientation means reorienting theservice aspects by anticipating, recognizing and meeting theend-users’ needs. An emotional bond is created between theproducer and end-user. Products and services are matched withendusers’ needs, trying to increase satisfaction and loyalty.• Leveraging diversity: It means being sensitive to group differencesand relate to people according to their background. They seediversity as opportunity and create an environment in whichdiverse people can survive.• Developing others: They recognize other’s strengths andaccomplishments and help them in developing their personality.They provide useful feedback, provide timely guidance, offerchallenging assignments.• Political awareness: It means reading a group’s emotional currentsand power relationships. It is being aware of the social andpolitical currents of the situation, to accurately read key powerrelationships, to detect crucial social networks, to understandforces that shape views and actions of clients and competitors.Social SkillSocial skill is another important component of Emotional Intelligence.The art of relationship is basically a skill in managing emotions ofin this direction. People, who excel in these skills, do well in anythingthat depends on interaction with others. Socially, skilled people tendcommon ground with people of all kinds, such people have a networkin place when the time for action comes. Social skill is an ability to174 January - March, 2013

The Indian Police Journalbuild rapport with various sections of society and create network ofpeople. It includes the following competencies:• people are skilled at winning people over and build consensusand support.• It refers to negotiating and resolving people and tense situations with tact, and encourage debate andopen discussion.• Leadership: Leadership is a such a skill that inspires and guidesindividuals and group for achieving any goal or task. Emotionallybalancedleader is person-oriented, inspires members for a sharedvision mission.• Change catalyst: Change catalyst competency results intoinitiating and managing change. They recognize the need forchange, challenge the status quo and work in the direction ofachieving the required change.• Communication: Emotional Intelligence. It means listening patiently, sharinginformation and being receptive to other's views.Recognizing EmotionsEmotional Intelligence increases with age, says Goleman. It canbe learned, cultivated and increased in adulthood and the place tolearn it is not the workplace, but in school. For instance, children,more likely to drop out. Aggressiveness has been linked to inability tohandle unpleasant scenes at home. At present, emotional educationof children is being left to chance. Academic intelligence has little todo with emotional life. Based on rationality, school pays little or noattention to emotions lest they disrupt the class. Many of the naturalabilities of children are not meant for handling complex mathematicalcalculations or memorizing ancient history, but rather for perceivingand understanding inherent emotional situation.Emotional Intelligence probably overlaps, to some extent, with thegeneral intelligence. The emotionally-intelligent person is skilled infour areas, i.e. identifying emotions, using emotions, understandingand regulating emotions.January - March, 2013175

The Indian Police Journal• Knowing one’s emotions;• Managing emotions;• Motivating oneself;• Recognizing emotions in others; and• Handling relationships.Importance of Emotional IntelligenceEmotional Intelligence allows us to think more creatively and use ouremotions to solve problems. Daniel Goleman believes that EmotionalIntelligence appears to be an important set of psychological abilitiesthat relates to life success. It is empathy and communication skills aswell as social and leadership skills that will be central to your successin life and personal relationships.Goleman further argues that men particularly need to developemotional skills, and he gives many examples of men with highintelligence, who were not successful, because they had problemswith their people skills. He found from his research that people withhigh Emotional Intelligence generally have successful relationshipswith family, friends and fellow-workers.Emotional Competencies and Emotional IntelligenceInventoryof emotional competencies, which determines the extent of EmotionalIntelligence acquired by an individual. An emotional competence,according to him, is a learned capacity based on Emotional Intelligencethat results in understanding performance at work (1998). This earlier awareness, self-regulation, self-motivation, empathy (social awareness)and social skills.Emotional competence is a learned capacity based on EmotionalIntelligence that leads to outstanding performance at work. It referscomponents of Emotional Intelligence and the competencies based on176 January - March, 2013

The Indian Police Journalthese abilities are crucial for success in personal, social and work life,or inspiring others or leading teams or catalyzing change. If his selfawarenessis low, the emotionally-intelligent person understands therange of choices they have in establishing relationship with others.And, they choose the appropriate one depending on the situation. Oneof the clearest ways to represent the possible choices in a relationshipis through the relationship-task grid.The high-high or collaborative position is the most productive in thelong run. It is characterized by collaborative problem-solving, sharedvision of goals and mission and by win-win situations that focus onmeeting the underlying interest of all. This ‘grace under pressure’ isa good indicator of emotional competence of the person. However,depending on the times and circumstances. And, emotionallyintelligentmanagers and administrators understand this.Data (Goleman, 1999) indicate a very strong positive correlationbetween Emotional Intelligence of persons and the performance oforganizations. The more the persons exhibits emotional competenciesto achieve and empathy, the more effective is the performance. Theyare able to integrate and utilize the principles of applied EmotionalIntelligence in the workplace to achieve various objectives like that management of Emotional Intelligence in an organization willhelp the organization achieve its goals, at the same time, enhancing itsemployees’ satisfaction.The Consortium for Research on Emotional Intelligence inOrganizations (1999) provides guidelines for development ofEmotional Intelligence in organizations. Effective Emotionalfor change, training, transfer and maintenance, and evaluation.Emotional learning is different from cognitive and technical learning,and that it requires a different approach to training and development.For example, it is not enough to know that one needs to relate toand consult other people; but one should also learn how to do it.The ability to do these things calls for emotional competence, whichincludes both emotional learning as well as cognitive learning.January - March, 2013177

The Indian Police JournalConclusionTo conclude, it can be said that Emotional Intelligence can play a crucialrole in the successful management of Police Organization. Adoptionof emotionally-intelligent practices by the Police Organization willimprove the emotional quality of the organization, leading to EmotionalQuality Management in the policing.•References1. Consortium for Research on Emotional Intelligence in Organizations(1990). Emotional Intelligence Services. 142 North, Sudsbury, MA 01776,USA. York: Bantom Books. Employment Views, 25 September-October 1999. 40, 227-235.178 January - March, 2013

A Tale of Two HijackingsKeywordsP. A. Rosha*, IPSHighjacking, Ruling Junta, Occupation Force, Justice, Kashmiri People.AbstractThe counter-espionage branch of the J&K Police was headed by an hijackers, Abdul Hamid Diwani had come to his notice moving about asan itinerant preacher. In a remarkable achievement, Shri Lone was able toidentify Diwani and his four budding saboteurs, all from different villages,from the descriptions as tallied with his records.ION the 30 th Jammu - a Fokker Friendship plane, was hijacked and takento Lahore in Pakistan. The hijacker was Hashim Quraishi, aSub-Inspector of the BSF, who was in uniform and carrying his servicearound it as a victory celebration. Maqbool Butt, President of theso-called JK Liberation Front was waiting at the Airport and claimedcredit for the hijacking. This Maqbool Butt had already acquiredconsiderable notoriety - having escaped from the Srinagar Central Jail inDecember 1968, after he was sentenced to death for the brutal murderof a Police Head Constable. (Years later, he was brought to justice bythe people of Kashmir and he kept his tryst with the hangman’s noose,but that is another story).Author Intro. :* DGP (Retd.), New Delhi-110 029.January - March, 2013179

The Indian Police Journal may be pertinent to recall that Mujibur Rehman’s Awami League hadgot a majority in the Pakistan National Assembly in the elections heldin December 1970, but the ruling junta was refusing to honour thismandate. Bhutto had, in his own style, said that he would break theattend the session there. Later, in the evening, the plane was blownup with a worldwide audience watching in horror on the TV…. Thepassengers and the crew had earlier been taken by the authorities andlodged in a posh hotel.This hijacking understandably caused an upsurge of anger all over thecountry, with the BSF in the eye of the storm. The Media and thePoliticians of all hues wanted heads to roll. G.M. Sadiq, the ChiefMinister, J&K came out with a statement absolving the local police andairport checking staff - what could they do, he said, when the hijackerwent on board in a BSF uniform?Shri P.R. Rajgopal, who was the DD (Intelligence) at BSF HQ, acceptedresponsibility for recruiting Hashim Quraishi and offered to resign.Shri Rustamji, the DG BSF, as always the quintessential leader, saidthe blame, if any, was his. He said that double-agents were a fact oflife and every agency gathering intelligence faced the risk that it maybe foisted with a double-agent. I think it was his utter sincerity thatAt that time, I was posted in the Delhi Police as DIG incharge of law& order. Frenzied mobs of hundreds at a time started converging onthe Pakistan High Commission. Overnight, we had to put up doublebarricades and searchlights around the Pak HC compound and alsoFor three days, the High Commission was beseiged and the police borethe brunt of stones, sticks and brickbats. Our mandate was to avoid theuse of lethal force, but in no case to allow the mobs to break into theHigh Commission. Over 300 policemen were injured, but fortunately,intensive use of teargas ever in Delhi - over 1,200 shells daily. OnlyPress Counsellor in the Pak HC was S.N. Qutub, a classmate of mine180 January - March, 2013

The Indian Police Journalfrom Government College, Lahore. I recall he would come to the maingate two or three times everyday to seek reassurance on behalf of theThis hijacking had two amazing fallouts. Firstly, the Prime Minister East Bengal (Bangladesh). This had far-reaching consequences inweakening the hold of Pakistani occupation forces in East Bengaland their eventual defeat later in the year. Secondly, the Pakistaniauthorities alleged that the hijacking was an Indian conspiracy meanttried on this charge and sentenced to ten years' RI, which he served.The prosecution in Pakistan also alleged that Hashim’s co-conspiratorwas - believe it or not - my dearest friend, Shri S.N. Mathur, thenDeputy Director, IB at Srinagar.•IIIT was a balmy day in Srinagar in August 1976. Just as I reachedborder.Delhi Airport to the very last minute, so that they were rushed throughthe security formalities and the knives and dummy grenades on theirpersons were not detected. From their dress and speech they wereThis time the Pakistani authorities were very correct and bent overbackwards not to give offence to India. They did not lionize thehijackers and refused to project any of their demands. They were takeninto custody with only the assurance that their request for sanctuarywould be considered. The plane, crew and passengers were sent backthe same afternoon, so much so, that the suitcase, which the hijackershad checked in, also came back to us.The descriptions provided by the passengers and the crew includedsome valuable clues, such as a tattoo A.H.D. on the back of the gangleadershand, a broken front tooth, etc. This was supplemented by theinformation collected by the Delhi Police, who were able to locate theJanuary - March, 2013181

The Indian Police JournalThe counter-espionage branch of the J&K Police was headed by an of hijackers, Abdul Hamid Diwani had come to his notice movingabout as an itinerant preacher. In a remarkable achievement, Shri Lonewas able to identify Diwani and his four budding saboteurs, all fromdifferent villages, from the descriptions as tallied with his records.The clinching evidence however, came from half-way around theglobe. One of the passengers told us that the person in the windowseat next to him had taken a number of pictures of the hijackers as theystood on the tarmac at the Lahore Airport, talking to the authorities.The manifest showed that the passenger in this seat was an Australian. got the prints for us. The speed and certainty with which the entirenetwork was pinpointed and neutralized, was greatly appreciated andShri Abdul Majid Lone was awarded the President’s Police Medal forDistinguished Sevices.Delhi for treatment, but one of the bullets had pierced his liver andunfortunately, he did not survive.•182 January - March, 2013

KeywordsImmoral Trafficking inWomen and Girlsin Ancient IndiaAuthor Intro. :* IG of Police (Retd.), Bihar.Umesh Kumar Singh*Immoral Trafficking, Chattel, Ganikas, Kautilya, Arthasastra, Kamasastra,Daskumarcarita, Kshemendra's Samayamatrika, Kuttanimattam, Rupajiva, Bhujisya,Samanyas.Abstract which are not only a modern phenomena, but in the most remote past also,the institution of prostitution posed a serious problem and was rampantlyin existence. Their position was pitiable and even killing a prostitute couldhardly attract any penal provisions in some circumstances.But quite in contrast, it is also found mentioned in the Kautilyan Arthasastrathat the Ganikas enjoyed an equal status with that of high bureaucrats ofthe kingdom. Some are told to have been receiving pay, even more thanbureaucrats. Lord Budha also preferred to live with Ambapali in Vaisali andaccept her hospitability, a courtesan of great repute. It also substantiatesB.C.).IntroductionPremote past also, sometimes even with the aid and assistanceof Kings and State Government. In those days, Government used toensure subsistence to the old prostitutes and their children also andthey were comfortably rehabilitated. In the Mauryan Period, theGanikas were the salaried employees and many of them were used inJanuary - March, 2013183

The Indian Police Journalespionage works also. A Superintendent was appointed to look afterthe welfare aspect of them. They too used to furnish daily accountsof visitors and to keep a searching eyes on their activities and in case their Superintendent. It was having a very systematized functioning espionage advantages. Even today, modern Government is yet to takemany ancient thinkers and in those days also, the word 'prostitution'was mentioned in many Sanskrit texts with a number of synonyms.Sources of StudyGanika in our earlier literature appears to mean an educated andaccomplished woman, a member of a Gana or a corporation ofcitizens. It is most frequently, used in Kautilyan Arthasastra to denoteprostitutes. In Vatsyayan's, Kamasutra 1 ,“abhir abhyucchrita Vesya silarupagunanvita.labhate ganikasabdam sthanam ca janasamsadi”.It is further stated that (strivesadhari purusanatyo ktauganikajjuka)“A prostitute (Vesya), who is endowed with good character, beauty,and good qualities and distinguishes herself in them, receives the titleof a Ganika and a high position among the people.” 2 Kumarsambhava 3Raghubansa 4 , Kiratarjuniya 5 , Sisupalvadha 6 , Subandhu and Banafurnish us several references to courtesans as a prestigious decorationof royal palace and an indispensable part of city life. In heaven, heroesare rewarded with a large number of beautiful girls. 7High position of prostitution in India was also observed by travellers,who visited India later on. Referring to Megasthanese, 8 it is statedthat “courtesans followed the Army and that crowds of womensurrounded the King, they rode in chariots or horses, and some evenon elephants”. Chan Ju Kwa, a Chinese traveller, in his work on theChinese and Arab Trade in the 12 th and 13 th Centuries, observed thatthe King was escorted by a myriad of dancing girls (chi), thousands ofwhom were in attendance daily, in rotation, in the Chola Kingdom. InChaul, Pyrard-de-Laval noticed a great number of beautiful women(prostitutes), who sang and played instruments, when the King tookmeals (2.258). 9 Domingo Pass stated that prostitutes were allowed tobe in the presence of the wives of the King, to stay with them and chewbetel with them in Vijayanagar. 10184 January - March, 2013

The Indian Police JournalOn Kamasastra, Acharya Nandi had written an exhaustive book,comprising one hundred chapters, much-more earlier to MuniVatsyayana. After Acharya Nandi, Acharya Svetaketu had composedother famous book on it, comprising 500 chapters.Thereafter, Muni Babhravya wrote on Kamasastra, consisting of150 chapters, with seven Adhikarana, incorporated in Vatsyayan’s Kamasutra. Hence, prior to Vatsyayanthe above-mentioned Acharyas had written on Kama in great details. Inaddition to them, there are several books on Ratirahasya, Angaranga,Kuttanimattam, Nagarsarvaswa and many other manuscripts on Kamaare in the different archives of India and twelve books on it werewritten by Dhundirajshastri, named as Kamkunjalata in Sanskrit. Prof.Dalbir Singh Chouhan has written several books on Kama, publishedfrom Choukhambha, Varanasi, Sanskrit Series,light on the subject relating to Kama.Dandin’s Dasakumarcaritam, Ksemendra’s Samayamatrika, andDamodargupta’s Kuttanimattam, all published by Lotosverlag, Leipzig;Vatsyayanas’ Kamasutra, Indissche Erotik and Liebe und Ehe in Indienare some of the important works on prostitution or unchaste women,which furnish abundant information on ancient Indian life of love, orrather lechery.But the Kuttanimattama’s major text on prostitution, mentions theplight of such discarded prostitutes, who were reduced to evenbegging, stealing and various other tricks; having no guarantee oftheir next meal or shelter, no provision against old age, disease andpenury. Sukumari Bhattacharjee description of an abandoned, unattractive prostitute, who takesis occasionally rendered ludicrous by the very comicality of her variousBut beyond this comic portrait is the tragic situation of a woman, whoafter having provided pleasure to many men’s lust all through her life,has to fend for herself at a time when she is worst equipped for such alone battle. In many texts, we hear of such retired harlots’ begging. 11Bhattacharjee had cited an example of Kankali, an inn-keeper’sdaughter, sold at seven as a slave in the market place, who startedas an ordinary prostitute and in no time lost her youth and whatevercharm she earlier had. So, she tried her hard and to the best at differentJanuary - March, 2013185

The Indian Police Journalprofessions, but since she had no training in any of the arts, she couldnot earn a livelihood through them, and was even imprisoned, in a later she begged openly until there was famine and she could not getalms. So, she became a nurse to a child, whose gold chain she hadstolen one night and escaped and after spending that money, againbecame a procuress for a pretty young prostitute, Kalavati. 12 It revealsthe sad, tragic and pathetic plight of prostitutes in retired old age; atale of great gruesome suffering and complete lack of social security.Kuttanimattam of Damodar Gupta and Samayamatrika of Ksemendra 13 , speciallyabout the living conditions of public women. 14The courtesan-culture explained in the texts is replica of the courtesanculture of other parts of land. 15 Accounts of source material pertainingto courtesan culture of Vanarasi, the stage of Vesya Malati and hertrainer Vikarala, a retired prostitute, and the city of Pravarapura(Singapur) of Kashmir, the playground of Vesya Kalavati and heradopted mother Glarghatika, a wanton woman. 16 Damodar Gupta,a Minister of King Jayapida of 8 th century A.D. wrote Kuttanimatam,a Kavya with a view to warn people against the exploitative ways ofthe prostitutes, procuresses and their accomplices. 17 It reveals that thesociety of that time was badly engrossed with the evils of prostitution.Right from the royalty to the man on the street and the agricultural upheavals and women became victims of changing social order in the9th, 10th and 12th centuries in Kashmir. 18Prostitutes were parts of royal harem and palace and many of them wererich, beautiful, highly sophisticated and well mannered. Haralata was,perhaps, one such prostitute, who committed even Sati on the deathof her patron. 19 Kalhan refers to many faithful prostitutes, committingSati on the death of their masters. 20 But socio-economic condition ofevery prostitute was not always happy, enviable and respectable. Theywere mostly poor, petty, quarrelsome and wretched in their living as isabundantly clear from Ksemendra’s narrative. 21 His views are againstthe views of Damodar Gupta, who stated their conditions mostlycomfortable; living in colonies of prostitutes. 22 King used to appoint anSullapala, to control the affairs of prostitutes, who wasgenerally very corrupt. 23186 January - March, 2013

The Indian Police JournalIn the beginning, Devadasi system was not started with evil intentions,a purely religious act but it exposes demeaning human values andhelplessness of the women against the donors, worst than the petanimals. Kalahan says, King Jalauka had dedicated 100 women from hisharem, well versed in music and dance to the Temple of Jyestharudrafor the services of the god 24 once they were inducted in temples; theyremained so till mostly the end of their life in different capacities. Someinstances of their marriage with important dignitaries are also found.King Lalitaditya met two hereditary Devadasis in a jungle near thevillage of Suravardhana, who spent their time in singing and dancingat the spot, which was once the site of a temple and subsequently,the King married both of them and brought them to his palace. 25 KingNarendraprabha 26 was given the wife of a prosperous merchant (givenin donation on his liking), but when he (King) refused, the merchantdedicated his loving wife to the temple as Devadasi and enabled theKing to marry. Similarly, King Kalasa married Kayya, a Devadasi 27 andthe King Utkarsa kept Sahaja, another Devadasi as his concubine. 28Prostitution means “promiscuous sexual intercourse, intercourse forhire, whether in money or kind with a prostitute” and a prostitute isa “woman, who sells herself for sexual purposes to a great numberof men in succession and with little or no choice among them”. Inancient Indian texts synonyms of the word ‘prostitute’ are found asGanika, Pratiganika, Rupajiva, Vesya, Dasi, Devadasi, Pumscali,Silpakarika, Kausikastri and Rupadasi, meaning differently of somespecial kinds of prostitutes. Similarly, some other words like Adasi,Avaruddha, Krtavarodha, or Krtaparadha, Duhitrka, Kumari are foundused of some kinds of prostitute. Besides these, the list of synonyms forthe word 'prostitute' is said to be more than 250 in different Sanskritliterary works. 29In Kautilyan Arthasastra, Ganika is described as a Government servantand the ‘Ganikadhyaksha’, the Superintendent of prostitutes, wasto look after them. The word ‘Ganika’ always denoted the highestdegree of prostitutes - a courtesan in almost all the ancient textsexcept a few Sanskrit literary works in which Ganika was, very often,used loosely with other words to denote a prostitute. Hemchandrain Abhidhan-clntamani enumerated a Sadharanastri: ganika, vesya,panyangana, panangana, bhujisya, lanjika, rupajiva, varavadhu andvaramukhya (Sandharanastri Ganika Vesya Panyapanangana BhujisyaJanuary - March, 2013187

The Indian Police Journallanjika rupajiva, varavadhuh, punah sa varamukhya 30 and in Anekarthasamgraha,ganikawith bhujisya and dasi. 31 Halayudhain Abhidhanaratnamala enumerated as ksudra, rupajiva, vesya, ganikaand panangana. Rupajiva vesya ganika panyangana tatha ksudra. 32Also quoted in Sabdakalpadruma, ad Vesya Amarasimha in Amarkosadescribed as ajana: varastri, ganika, vesya and rupajiva. Medini,quoted in Sabdakalpadruma,bhujisya with dasi and ganika.Bhujisya-dasiganika iti Mediniye. 33 Vatsyayan 34 stated that there weredifferent kinds of prostitutes, but according to Yas, 35 “Lake Samanyastryah prasiddhah kumbhadasi ganika rupajiva citi.”All kinds of prostitutes fell into three categories, that is, (1) Kumbhadasi,(2) Ganika and (3) Rupajiva.Among Rupajiva, Vats enumerated paricarika, kulta, svairini nati,silpakarika, and prakasavinasta, so that there were nine kinds of Vesya:Kumbhadasi, Paricarika, Kulta, Svairini, Nati Silpakarika, Rupajiva,and Ganika; Kumbhadasi paricarika kulta svainini nati silpakarikaprakasavinasta rupajiva ganika ceti vesyavisesah. 36 Vas. further statedthat all the vesyas were considered as kumbhadasi (Kumbhadasi tikumbhagahanam nikrstakarmopalaksanam. 37Vats had further categorized all kinds of Vesya into three categories:(1) Uttama,(2) Madhyama and(3) Adhama.The uttamaganikas were those, who distinguished themselves withbeauty and other good qualities of mistress and the knowledge of64 arts (uttamaganikam iti, rupadibhir nayikagunakaladibhir anvitauttamaganikah), the madhyama and adhama had one-quarter or oneeighthof these qualities respectively (gunanam ca padardhabh yammadhyamadhamah) 38 He (Vats) mentioned that a vesya could be aganika or a rupajiva or a kumbhadasi (Vesyaya iti ganikaya rupajivayah,na kumbhadasyah). 39In the Sanskrit literary works, at least thirty-eight synonyms for the word'Ganika' were used, that is, ajana, arthavrtika, apananari, apanayosa,karini, kumbhadasi, kulata, ksudra, darida, dasi. (nagarasobhini) nati,panastri. Panangana, panyapuramdhri, panyayosit(a), panyavanita,paricarika, pumscali, prakasanari, prakasavinasta, bhujisya, rupajiva,lanjika, lasika (vannadasi), varamukhya, varravadhu, varavanita,varavilasini, varastri, vilasini, Vesya, silpakarika, sadharanastri, svairiniand hastini. 40188 January - March, 2013

Prostitution in Early TimesThe Indian Police JournalProstitution was known in the pre-history Indus Valley cities also. The (pl. VIII. b.). Naked, but for a necklace and a series of bangles almostcovering one arm, her hair dressed in a complicated coiffure, standingin a provocative posture; with one arm on her hip and one lanklyleg half bent, these young women have an air of lively pertness quiteunlike anything in the work of other ancient civilizations. 41 Her thinincidentally, that the canons of female beauty among the Harappapeople were very different from those of later India and it has beensuggested that this “dancing girl” is a representative of a class of templedancers and prostitutes, such as existed in contemporary Middle EastCivilizations and were an important feature of later Hindu culture. 42But this view awaits more corroborative substantiation.The earliest inscriptional record of religious prostitution comes from acave at Ramgarh (Kaimur district Bihar) in the Vindhya hills, some 160Prakrit inscriptionsin a script, which shows that they were written not long after the days 43 In prose it says, “The excellentyoung man Devadinna, the painter loved Sutanuka, the slave-girl ofthe god.” 44It is presumed that Devadasisand growth of Hinduism vis-à-vis Jainism or Buddhism. In the south,as soon as Bhakti movement had spread in the early medieval periodthrough the media of songs, dance, and beauty, the Devadasis playedSundermurtti Nayanar was involved with a Devadasi. 45 CeramanPerumd Nayanar notes the reception given to Siva by Devadasis of allages, while he went out in procession around the streets in Kailasa 46 ,and Andal was herself a Devadasi, who lived and died in the SrinagarTemple. 47There is a tradition that Kulasekhara Alvar’s daughter, Nila, waspresented to Srirangam Temple as Devadasi. She is called CerakulaNacciyar, and a shrine dedicated to her is found in this temple. 48 Dueto progressive feudalization of the State structure, the temples’ rolewas legitimized and after the 8th century, a widespread structuralenterprise was undertaken in the 10 th and 11 th century in the south 49January - March, 2013189

The Indian Police Journaland private governmental jurisdiction extended speedily and it ispresumed that Devadasis must have assumed their growth on similarpattern; a Centre of sexual attraction for the feudal in the garb ofreligious celebrations.It is said that Tirunavukkarasu or Appar was a Jaina, converted toSaivism and he was also instrumental in the conversion of MahendraVarman. About Tirujnanasambandhar, it is said that on the invitation ofthe Queen Mangaiyar-kk arasi, he proceeded to Madurai, the Pandyancapital, in order to undertake the historic mission of saving the cityfrom the clutches of Jainism. He had to undergo a series of trials and heKulaicirai Nayanar, he eventually succeeded in winning over the KingNedumaran to the Saiva fold. 50 The occasion of the King’s conversionwas celebrated by the impalement of eight thousand Jains, and thestory goes that a temple festival at Madurai commemorates this eventeven to this day. 51 Apart the possible margin for exaggeration, we doengendered such intolerance on both sides 52 , and in the root of it wasthe related story of Devadasi and the sexual exploitation.Temple prostitution was most common in the south, where it existeduntil recent times. The wild fertility cults of the early Tamils involvedorgiastic dancing, and their earliest literature shows that prostitutionwas common among them and religious prostitution came naturallyto the Dravidians. 53 “Many inscriptions and charters of the medievalsouth according to A.L. Basham, “commemorating donation to templesrefer specially to Devadasis; for instance, a general of Vikramaditya-VI,Calukya, named Mahadeva, is recorded as founding a temple in thememory of his late mother, with quarters for the most beautiful templeprostitutes in the country 54 , a veiled centre of sex sale.In the Rigveda, vra, a she-elephant denoted the same as Ganika 55the illicit lover, jara and jattini - male and female lover of a marriedspouse, which also fall in this category. Extramarital love may havebeen voluntary and unpaid, but there is the possibility of it, beingregarded by the male partner as a form of service for which he wasobliged to pay in some form. In some of the Rigveda mantras, womenwere found common to more than one man. In Rigveda 56 the glaringstorm gods Maruts are said to have been associated with suddenlyappearing lightning just as men become associated with a sadhaniwoman, meaning thereby a courtesan or a prostitute.190 January - March, 2013

The Indian Police JournalAgain in the Rigveda 57 , a woman is described as giving birth in secretto a child and, thereafter, throwing it aside. Similarly, the word 'jar'appears several times in the Rigveda in the sense of a “secret lover”.Also, Jatadhara in SabdakalpadrumaGanika with a hastini(Ad Ganika) and sasvata with a karini. 58 And, the bans of Rigveda 59and the Atharvaveda 60 that brotherless girls were reduced to becomeprostitutes; through such notions. Some historians held the view andinferred, a yet requirement corroborative evidence. 61 In the Rigveda 62and Atharvaveda 63 , references are found of becoming prostitutes ofbrotherless girls. 64 In Vetalapancavimsati 65 , the prostitute (Vesya)Rupavati narrated that in one of her rebirths, she had been taken bythe enemy in battle. 66In the Ramayana and the Mahabharata, Ganika and Vesyas wereused for the designation of prostitutes. Ganikas, in the epic period,were in high esteem. The Ganikas or women of pleasure had theirrecognized places and were ornaments, not only for the festive partiesor occasions, but also for the civil life. They were occasionally sent asvaluable presents by one King to the other for pleasing and delightingpurposes.In the Ramayana, princes are found to be in delight in horses, elephantsand harlots. 67 King, the Priest Vasistha directed the people to give the city a festivegarb and on that occasion, a band of well-adorned Ganikas (ganikahsvalangtah) are seen to be collected in a room of the palace. 68 Vasisthainformed Dasratha including multitude of musical instruments and of the well-deckedharlots. 69 (Sarve vaditrasanghascha vesyaxhalangcritah striyah). Onreturn of Ram to Ayodhaya after killing Ravan, he is seen to have beenwelcomed by people of various professions, including the Ganikas,well trained in musical instruments 70 (Vaditraknshala ganikashaha).In the Ramayana 71 , Dasratha gives orders for a splendid army to beRama, and then he says, “Women that live bytheir beauty, those skilled in words and rich merchants shall adorn thewell-drawn up troops of the prince.” 72 The things were set up in a waythat bring good forture, the temple of the gods and holy places to beput in order, and all other preparations to be made and among these, isa band of fair-dight daughters of pleasure drawn up within the secondwall of the royal palace. 73January - March, 2013191

The Indian Police JournalKrishna is sent by the Pandavas to the Kauravas, if possible tobring peace about, Duryodhana arranged for rest houses with womenand other needful comforts and provided for him. Everywhere on hisroad, Dhritraastra also gave order: “My sons and grandsons, exceptDuryodhana, shall all drive to meet Janardana in splendid chariots, andto meet the most high Kesava. And, all lovely maidens, too, who wishto go forth from the city to behold Janardana, may go unhinderd.” 74In the similar way, Krishna, when he comes back to Dvaraka 75 , inamong other things, he is given a festal welcome by the servants oflove, driving in chariots, and the Abbe Dubois, moreover, tells us that“ordinary politeness requires that when persons of any destinationmake formal visits to each other, they must be accompanied by acertain number of these courtesans”.Ancient laws say that “prostitutes’ ornaments, being the tools of theiris taken from them”. 76 Agnipurana says 77 , “If a prostitute has promisedherself to a man and then goes to another, then she must restore tothe injured one double the amount he has put down; and furthermore Kautilya condemns her to aneightfold restitution. 78 ganikas in the Mahabharata that evenheroes in their military camps had not to feel themselves destitutedue to presence of the band of “fair-decked (Chamatkaritah), fair-clad(Vastravatyah), scented (Sugandhah), pleasing (Avivatsyah), happy(Sukhinyah), pleasure-fraught (Vogavatyah), women residences of joy(Vesyastriyah), whose glance and speech gliding so easily and sweetlyalong”. 79 It is also mentioned that when Gandhari was in pregnancystage, a Vesya was employed to wait upon Dhritrastra. 80There are various myths and legends regarding the origin of prostitution.The Mahabharata accounts of destination of the Yadavas and Vrsnis 81ends with women of these tribes, being abducted by barbarian brigands.In the Kuru and Panchalinhabited by the Madras and the Sindhu-Sauviras, the brahamanasages Dalbhya Caikitayana and Svetaketu’s nephew Astavakra weresaid to be associated with the teaching of erotic in which prostitutionconstitutes a Section. 82 In the Mahabharata 83 and the Matsyapurana 84192 January - March, 2013

The Indian Police JournalKsemendra says that wicked mothers gave their daughters, enjoyedand abandoned by men, to others. 85 Methods of seducing cleverly achaste girl till she yields to a man’s lust is described in Vatsyayan’sKamasutra. 86 It was natural that if a man abandons such girl, she wasbound to adopt prostitution as a profession. 87'jayopajivins' or jayajivins (husbandswho lived on the wife’s income which she earned by selling her body).It was considered a minor sin on the husband’s part an upapataka forwhich an expiation of mild type candrayana vow (yagya) was to beperformed. 88 Krishna is sent by the Pandavas to the Kauravason a peace settlements, vast arrangements for his comforts are madein the city. Dhritarastra orders his people to send fair harlots, comelydeckedto move on foot to meet the most highly Kesava 89 , Krishna onpeace mission. It was narrated in verse also.From such instances, it can be seen that during the epic period,harlots constituted an inseparable ornamental part of the old cities,royal houses and memorial houses. During those days also, they werehaving the worst sexually-exploited lot of the society to be enjoyed bythe luxuriously-privileged few males.Donation of Girls to Brahmanas in Dakshinain ancient India as pretty and young women in large numbers weregiven in gifts in return to a favour or as a mark of respect and werethought a part of daksina Yudhisthir’sup necessary part of the entertainment. 90Yudhisthira himself had given away pretty maids to the guest Kings. 91He is said to have given away hundreds of thousands of pretty girls 92 Pretty maidsas part of daksina are also mentioned, when the King Bhagirathagave hundreds of thousands of lovely maids, well-decked out withgold ornaments. 93 Even at a Sradha ceremony, Brahmanas receivedthousands of pretty maidens as gifts. 94 husbands, but presumably, most of them were forced to becomeprostitutes, because according to ancient Smriti texts, maidenhoodwas an essential prerequisite for marriage in those days, which wasnot possible for such girls to maintain. 95January - March, 2013193

The Indian Police JournalFactors Responsible for ProstitutionSukumari Bhattacharji 96 , has very elaborately dealt with the responsiblefactors and coercive and unavoidable circumstances in which the girlsor the ladies were compulsorily inducted to this ever-existing socialevil since the remote past. She sees in a raped woman and sexuallyexploitedgirl a very little chance of an honourable marriage and socialrehabilitation, and so to reduce to prostitution was her natural fateand she had to accept whatever came her way. 97 Bhattacharjee says,“A young widow or a pretty wanton maid or an unhappily marriedattractive woman could, perhaps, choose her partner and name herprice, at least in the beginning of her career, while she still enjoyedthe protection of her father’s, husband’s or in-law’s home.” 98In ancient India, wife too was almost regarded as a private propertyof her husband. Sometime, a woman used to do sleeping andentertaining others by accepting payment from each of the men sheobliged, and she then became panyastri, one whose favours could bebought with many. 99 Around the eighth or seventh century B.C., wehave references to more regularized form of prostitution recognized asa social institution. Even early Buddhist literature, specially the Jatakasfurnish evidences to the existence of different categories of prostitutes.Another possible channel of the supply of prostitutes was, perhaps,the young virgin girls, given as gifts on special religious and secularoccasions. The number of such girls, given away to Brahmans, guests, 100 In theVedic age, daksinas,and they included horses, cattle, gold, and also women of variouscategories, unmarried, married without children and married withchildren. They used to be in hundreds of such women to a priest,some of which he could marry, others he would enjoy and abandon,and still others he would employ as maid-servants, and many of them 101Yet, other than the above, another source of supply was the royalhouses and palaces themselves. King used to summon pretty maids totheir palaces, enjoyed them sexually for some days and then used tosend them away from there. Sukumari Bhattacharjee had mentionedthat in the Vats-agulama region, Minister’s wives had to oblige theKing by paying visits (on being summoned) to the palace. In Vidarbha,194 January - March, 2013

The Indian Police Journalpretty maids were enjoyed by the King for a month and then sent awayback. To quote Bhattacharjee: “When such women came out of thepalace, one obvious solution for their future life was prostitution. Ofcourse, courtiers would sometimes marry some of them, but the resthad few alternative recourses open to them.”Kautilya(1) either they were born as prostitute, or(2) Ganika’s daughters, or(3) they were purchased, or(4) captured in war, or(5) they were women, who had been punished for adultery. 102One other important source of prostituting women was due to undersome blind faith for procuring women for temple prostitution, byabhorrent manner of buying women and girls and donating them tothe temples on the service of gods and goddesses, better known asDevadasis. General belief in donors was that they would grow rich inthis life and would live in heaven for a long time. It was believed thathe who gave a host of prostitutes to the sun god would go to the regionof the sun after death. 103 But the temple dancers did not appear beforethe last few centuries B.C. and are mentioned in the early centuries A.D.in some regions of ancient India, probably long after the invasion ofAlexander and the Devadasi in temples did materialize only after theKautilya does not mentionprofessional dancers with the temple prostitution. Such institutionsarose largely shortly before or after the early centuries of A.D. KalidasA.D., functioning asan established tradition. 104Variations in the Status and FunctionsAbove narration depicts numerous synonyms and reveals widespreadprevalence of the institution of prostitution throughout the ages inAncient India. Normally, rupajiva was not accomplished in different64 arts. Her only charm and fame was as the very name denotesher exquisite beauty and attractive charms. She paid two days ofher income of the month to the State. Kautilya generally used word'rupajiva' for the designation of prostitution of prostitutes, who wereJanuary - March, 2013195

The Indian Police Journalnot Government servants like ganikas and if a man forcibly enjoyed panas, but in the case of crisis, half ofher monthly income could be forfeited by the State. 105 She could alsobelong to the royal harem 106 and could also be exclusively kept bypanas. 107Kautilya had not stated clearly that rupajivika were Governmentservants like ganika, but the ganikadhyaksa had to determine herearning and put check on her extravagant expenditure. 108 Kautilya hadcategorized her in high class as Ganikas. Rupajiva used to live to thesouth of the fort 109 and were even allowed to attend the harem of theKing, whereas other kinds of prostitutes were not allowed to do so. 110The Rupadasi was unaccomplished and was employed in the personalattendance of a wealthy man and like the Vannadasi as mentionedin Jatakas, she could entertain customers on her own or serve undersome other persons. 111The Ganikadasi was a female slave of the Ganika, who could alsobecome independent and set up her own establishment. Thesamajatika mentions about sama, a courtesan of Kasi, who had aretinue of 500 Ganikadasis. 112 Varangana, varavadhu, varamukhya, allsuch names also, stand for a prostitute and ursali, originally meant asudra woman, also later came to denote a harlot. Pumsula and Lanjikaare later synonyms of harlots. Similarly, kulata, a married woman, wholeft her husband’s home to become a public woman and vandhaki, ahousewife turned whore, were other synonyms. Husband of vandhakiwas known as vandhakiposa, being maintained by vandhaki.R. Shamshastri has enumerated that “the Ganika and sometimes,the rupajiva, too, received free training in the various arts and thosewho teach prostitutes, female slaves and actresses, artists, such assinging, playing on musical instrument, teaching, dancing, acting,writing, painting, playing on instrument, such as vina (lyre), pipeand drum beating, the thoughts of others, manufacture of scentsand garlands, shampooing and the art of attracting and captivatingthe mind of others shall be endowed with maintenance fromthe State. They, the teachers shall train the sons of prostitutes tobe chief actors (rangopajivin) on the stage. The wives of actors196 January - March, 2013

The Indian Police Journaland others of similar profession, who have been taught variouslanguages and the use of signals (samjna) shall, along with theirrelatives, be made use of in detecting the wicked and murderingand deluding foreign spies. 113 But in Vas’s commentary on Vats, it isclearly mentioned that only Ganika was expected to learn sixty-fourarts in the same way as the King’s daughters and the daughters of 114 The sixty-four arts were divided into elevenmain groups, that is, (1) General education; (2) Physical culture;(3) Domestic science; (4) Games; (5) Toilet; (6) Art of entertaining;(7) Dressing; (8) Professional training; (9) Music and dancing;(10) Pet animals; and (11) Fine arts.Abhyaset. 115 Rupajiva had to be beautiful only. 116 and was not obligedto learn the sixty-four arts; though she had to wear jewellry, arrange abeautiful house and furnish it beautifully. 117 It indicates that rupajiva’sFor designation of all persons engaged in harlotry, Kautilya used theword ‘Vesya’ twice only. 118 From Kautilya, it is known that Vesya as Superintendent of coinage, of seals and passports, liquor, slaughtersof animals, threads, oils, ghee, sugar, the State goldsmiths, thewarehouse of merchandise, gambling, building sites, corporations ofartisans and handicraftsmen, Superintendent of divine service, taxescollected at the gates, and people known as Bahirika 119 came underforts. In another place also, Kautilya mentioned Vesya along withvigilantly the pure or impure conduct of Military men. 120Miscellaneous Types of ProstitutesOther expressions used for prostitutes denoted prostitutes of lesserimportance or status. The word ‘pumscali’ was used in Arthasastrathree times. 121 Pumascali a woman who ran after men. 122 It stood for a prostitute of a veryinferior grade. Visitors on her were also generally of suspiciouscharacter. 123 Kautilya says that she had to surrender her person as sheagreed to her paramour 124 and at the same time, she could be usedas a spy also. 125January - March, 2013197

The Indian Police JournalThe word 'dasi' was also used in Arthasastra at a few places to meana prostitute of a lower grade. 126 and they were allowed to be used asspies. Besides them Devadasi as temple prostitute 127 and further statedthat they had ceased to attend the temple on service (uparatopasthana)they had to be employed, similarly as widows (vidha), crippledwomen (vanyanga), girls (kanya; probably the girls of those to whomthe King had to give maintenance, possibly young daughters ofganika), mendicant or ascetic women (pravrajita), women compelleddandapratikarini) and procuresses(rupajivamatika, or more likely ganikamatrka).Kautilya has also used the term 'silpakarika'. 128 That is a workingwoman, a workman’s wife, and a Kausikastri 129 a woman, good forsexual intercourse in the sense of inferior kinds of prostitutes; theycould be used as spies as well. Kausika (Kaisika) was good for sexuallove (sexual intercourse). Again, the words 'duhitrka' 130 , a daughter and'kumari' 131 , a young girl, who were also used in Kautilyan Athasastrain the sense of young prostitutes, who were to become the futureGanika. Kautilya has also used the word rupadasi 132 , a female servantof beauty, that is a person employed in making garlands, scents andthe like in the sense of a lower-degree prostitute. 133Ganika (Courtesans)Recruitment of ganikas; Kautilya says, “Any woman, who was beautiful(Rupa), young (yauva) and who was endowed with arts, i.e. the sixtyfourarts (Silpa), could become a Ganika.” Kautilya 134 further says that royal splendour by holding the royal umbrella, the golden pitcher,and the fan and attending the King, seated on his royal litter, throne,or chariot.” According to the qualitative kinds of prostitutes, theworks were assigned differently. A division of prostitutes, in differentcategories, similar to that of Kautilya 135 , the highest were supposed toattend to the King at the throne to hold the royal umbrella.Kautilya mentioned that other than Ganika’s daughters, other girlswere also recruited as Ganikas, Ganikanvayam aganikanvayam. 136 Itindicates that any woman could be chosen as Ganikas and also hintsat Ganika’s daughters to be preferably the future Ganikas. Her sistersused to look after her in the event of premature or sudden death of198 January - March, 2013

The Indian Police JournalGanika or on her going abroad (nispatita pretayor duhita bhagini vakutumbam bharata 137 , Vats quoted Ghotakamukha when enumeratingwomen, who should be visited 138 and Vas explained clearly that theGanika-duhitr was a prostitute. 139 Vas further says, “Ganikaduhitaparicarika ca sukhakryatvad vesyayam.” 140 Some foreign travellers 141described about daughters of prostitutes, becoming prostitutes;primarily temple-prostitutes (Devadasi). 142 Only the young girls mostlyprostitutes” daughters, given by parents to the Ganikadhyaksa, wererecruited as prostitutes. Ganikas were described as the heroin of theplays and the Treatises of Indian Dramaturgy furnishes clear picture ofthe high position of prostitution in Indian life. The Bhartiya Matyasastramentioned as heroin the dirya, nrpapatni, kulastri and ganika (34.7),and stated that they were of a very high character. 143 Besides the abovefacts, the accomplished young beauty could name her price, sometimesat an apparently exorbitant rate, because she was in great demand.The Kurudhamma Jataka says that the lowest of the counties was thedoor-keeper, the dvaraka, who occupied the last place but one, forshe was above the public woman, the Ganika. Each city had a chiefcourtesan, who was an ornament of the city. “(Mrchakatikam, wherethe heroine is a beautiful courtesan, accomplished in the various arts;she is described as an ornament to the city.)”The Janapadakalyani or the sudharani of the non-monarchial state ofthe Lichavi’s were in great demand and were after them because of theirbeauty and culture in great demands and they might ask for any pricefor their beauty. Janapadakalyani meant the most beautiful women inDighanikaya 144the Majjima Nikaya 145 and Samyutta Nikaya 146 refer to. Ambapali ofVaisalee, who is depicted as giving a big feast to the Lord Buddha andhis hundred thousand followers and had given big mango grove tothe order. 147 Fees of Salavati’s daughter Sirima was 1000 Kahapanasper night. 148 It is also known about a banker’s daughter, who choseto become a prostitute. Her father set too high a price that very fewcustomers came, she reduced it to half and was called ardhakasi. 149Salary of GanikasJust after her commitments as ganika by the ganikadhyaksa, a girlwas entiled to a salary amounting to 1000 pana per annum. 150 and ganika ganikasdepended largely on their beauty, wealth and jewellery. The salary ofJanuary - March, 2013199

The Indian Police Journalthe middle rank ganikas amounted to 2000 panas and for the highestrank it was up to 3000 panas. 151 It is also mentioned that “a rivalprostitute on half the above salary designated ‘kutumbardhana’, shallalso be appointed”.If comparatively seen, the salary of ganikas to that of Governmentservants, the formers' salary was high. The salary of the ganikadhyaksaas well as other Adhyaksa’s (Superintendents amounted only to1000 pana per annum. 152 It was the same of foretellers, readers ofomens, astrologers, readers of puranas, story-tellers, bards, priests 153 ,charioteers of the King 154 and of various kinds of spies. 155The highest salary was paid to Rtuij, to the Aacharya, to the Ministers,to the Purohita, to the Commander of the Army, to the Yuvaraja, tomahisi), whichamounted to 48,000 per annum. 156 But the salary was not the onlysource of income and she used to get some costly gifts occasionally,such as garments, gold, silver, copper, brass and iron objects, bedding,quilts, special vestments, perfumes, spices, harnesses ghee, olives,grain and cattle. 157Vats 158 had enumerated various ways and devices to collectextraordinary gifts and income from the customers or paramours.Vats 159 time, quality of the prostitute, her popularity and her status as comparedwith others (prostitute) 160 , beside, there can be the increase of the pricetwo or more paramours 161 (Vats 335). Sometime, prostitutes get twice 162Kautilya says that the Ganikadhyaksafees or gifts (daya), who was in the full control of the person of ganikas.Fixed price was called in Kautilya Arthasastra as bhoga paymentfor enjoyment, but bhoga ganika, but by theganikadhyaksa (Ganikadhyaksa) bholam….Ganikayah vibandhayet 163as the ganika did not take for herself the payment for enjoyment. 164It is further mentioned in Arthasastra of Kautilya: “bhogam dayamayavyayam ayation ca ganikayah nibaudhayet. Ativyayakaruna cavaryet.” 165 He should determine the payment for enjoyment, gifts,the gross receipts and the gross expenditure, and the net income, andhe shall check the extravagant expenditure”. Hence, it is evident that200 January - March, 2013

The Indian Police Journalthe ganikadhyaksadaya) thegross receipts (aya), the gross expenditure (vyaya) and the net income,ayati) 166 , but was also obliged to present ganika for extravagantexpenditure (ativyaya). He was in the full control over the person ofthe ganika time in case of no other regular income other than salary, the ganikaused to get all the necessities for the discharge of her duties fromthe ganikadhyaksa 167 , including garments, and the maintenance ofhouseholds 168 , so that she might be beautifully dressed and might havehad splendid places. 169Children of GanikasThough the most children of the prostitutes were born out of thewedlock, prostitutes were mostly not prohibited from marrying also. 170And hence, they could have legitimate children also. But due to lack ofganikas, their children, too, irrespective of sonsor daughters, were not absolutely free.Daughters of ganikas were mostly bound to be ganikas in case ofsudden deaths of ganikas, or if they had gone abroad. But, at thesame time, the daughters of ganikas could not succeed their mothersand beauty, youth and arts of the girls also mattered much. Arts weretaught to them either by their mothers or by others. 171 If the girl wasyoung, beautiful and equipped with artistic knowledge at the time ofher ‘mothers’ death or her going abroad, she was easily employed asganika. And, if she was not beautiful, it was not possible to be recruited,but what happened to such girl was not mentioned by Kautilya orany other contemporary writers. But Kautilya hints at such incapablegirls to be assigned to a work in the State storeroom, storehouse orkitchen of the King. 172 The fate of those daughters of ganika, who wereunsuited to become ganikas, was in that way doomed.In case of son, he used to work in the court, or from his eighthyear of age he had to work as King’s musician - a bard (kusilava)astavarsat prabhrtirajnah kusilava karma. 173 They were to be taughtby the same teachers as the ganika in acting, so as to become chiefactor (rangopajivini) and in dancing, so as to become chief dancer(tolavacare) ganikaputran rangopajivina’s ca nukhyan nispadayeyuhsarva-tala-va caranam ca. 174 Her son’s salary amounted to 150 panasper anum, kusilvas tu ardhatriyasatah. 175 It was a very small sum, ifcompared with ganika’s salary.January - March, 2013201

The Indian Police JournalProvisioning after Retirementganika had grown old, lost their beauty, or became crippledor incapable of gaining any money, like King’s servants, she had aright to a pension. 176 Kautilya had probably realized the psychologybehind it that having known better days; they could not stick to anymean profession, which did not provide comfort. Hence, Kautilya laysdown that ganikas, pratiganikas [shorten substitute for the (ganikas),(rupajivas, vesyas, dasisan artisan] are to be given pension by the Statein old age.Kautilya Government relief and assistance scheme for the persons, who werenot able to maintain themselves 177 and widows and orphans’ schemein case of the death of Government servants. 178 It is to be assumedthat these women were employed by the State and had earlier paidtaxes to the State, which the State regarded partially as providentfund contribution against old age, disability, retirement and penuryand it might have served some measures of security to elderlywomen, who would otherwise be wholly destitute. Kautilya stated:“Saubhagyabhange matrkam kuryat 179 and ganika dasi bhagna-bhogakosthagare mahahase va karma Kuryat. 180 If ganika has lost her beauty(saubhagya), she should be appointed as procuress (Matrika).”“If a ganika or dasi (lower kind of ganika) has become incapable ofenduring service in the form of employment (Bhagnabhoga), she shallperform the work in the storehouse of kitchen of the King.” 181 income was lower, mostly to work as procuresses in the service of theKing and if they had become very old, were completely incapable ofrendering any service to the King either as ganika or matrikas (lowerkind of ganika), they had to work in the storehouse or kitchen of theKing, where they received some kinds of remuneration. 182Locations of Prostitutes in the TownsThe Mahabharata recommends the situation of prostitute’s quartersin the south of the township, the direction of yama, the god of death.In the Manasollasa fame should be situated on the outskirts of the town. 183 Agnipuranamentions dancers’ living places to the south of the town. “Daksinehrtya-vrttinam Vesya-strinam grhani ca”. 184 In the Milindra Panha, it202 January - March, 2013

The Indian Police Journalwas mentioned that ganika, lasika, kumbhadasi and others be broughtto a model city 185 , where it was stated that Duryodhana, havingreached that spot… commanded to construct pleasure houses. In theBrhatkatha Siokasamgraha, Budhasvamin gave a splendid and livelydescription of the quarters of prostitutes. A description of these quartersis also narrated in the Dasakumarcarita 186 (nirgatya-sva grhe ves a vatedyuta-sabhayam pane ca nipunam anvisyan no palabdhavan). Specialstreets are mentioned in the Bhojaprabandha, where prostituteslived. 187 Tanjavur inscription showed that temple women (Devadasi,tanichacheri ppenadukan) were those, who resided in the streets nearthe temples. 188Kautilya suggests residential accommodation for rupajivas in thesouthern part of the city. 189 It is also to be noted that in Military campsor Cantonment areas, rupajivas are to be given accommodationalong with the main highways. 190 In two places in Arthasastrabandhakiposakas are mentioned and the expression can only referto brothel-keepers and beautiful young maidens are inmates of theirestablishments. It is recommended that income earned through themmay be used to replenish the treasury. 191Temple priests treated devadasis like slaves at many places and kept duties. Their low payment was never anything more than subsistenceand clothes and ornaments for them as temple dancers. 192Samayapradipa, a late ritual text, “as an auspicious sign like a cow to the right, a goddess, a full pitcher, garlands, banners, white riceetc.” The only inauspicious item in the catalogue is the prostitute,though a sight of her is regarded as a good omen. Similarly, the soilof a prostitute’s house is an essential item for fashioning the image ofhouse is also used in the inauguration of construction of building. 193From the above, we can conclude that prostitution was a necessaryevil, which the society needed since time immemorial to meet theIn some parts of ancient history, it was accepted by the NationalGovernment and the prostitutes were recruited as Governmentservants with a social status, but even then the overall position ofJanuary - March, 2013203

The Indian Police Journalprostitutes was very deplorable and they were nothing more than theand the Princes. Their condition was more worsened in the GuptaPeriod onwards. Two upper class members, i.e. the Brahmanas andthe Kshatrias were the most greedy and cunning promoters of thistraverse tragedy and travesty in ancient India.•References Ancient India, Earliest Times to A.D. 2007, p. 222). Banarsidas, Delhi, 1965. p. 198, cf. U.K. Singh, op. cit., p. 222.3. Kumarsambhava, XVI 36. 48. cf. U.K. Singh, op. cit., p. 222.4. Raghu. VII.50. cf. U.K. Singh, op. cit., p. 222.5. Kirat. IX.51. cf. U.K. Singh, op. cit., p. 222.6. Sisupalbadha. XVIII 60. 65. cf. U.K. Singh, op. cit., p. 222.7. Mahabharata, 111. 186-7, VIII. 49.76-8; XII 64.17.30; XII 96. 18; 19; 83;85-6, 88; 106 ff. Also, in Ramayana, 11.71. 22, 25, 26, cf. U.K. Singh,op. cit., p. 222.8. Megasthanese 15.1.55. cf. U.K. Singh, op. cit., p. 222.9. cf. L.S. Sternbach, op. cit., footnotes, pp. 213-14, cf. U.K. Singh, op. cit.,p. 223.10. Ibid., p. 214. cf. U.K. Singh, op. cit., p. 223.11. cf. Samayamatraka, VIII 102, 103, 112, Kuttanimate, 532, Sarngadharapaddhati, 4052, quoted by Sukumari Bhattacharjee, op. cit., p. 210,cf. U.K. Singh, op. cit., p. 223.12. Samayamatraka, 11.28-80. cf. U.K. Singh, op. cit., p. 224. Yadava, B.N.S., Society and Culture in Northern India in the Twelfthop. cit., p. 224. p. 381. cf. U.K. Singh, op. cit., p. 224.204 January - March, 2013

The Indian Police Journal15. A.M. Shastri, India as seen in the Kuttanimatam of Damodar Gupta,Delhi,1975. cf. U.K. Singh, op. cit., p. 224. VV. 18.25. cf. U.K. Singh, op. cit., p. 224.17. Kutt. Mat., 1059. cf. U.K. Singh, op. cit. p. 224.dkO;fen;a% Ük`.kqrs lE;d~ dkO;kFkZ ikyusuklkS Au oaP;rs dnkfpr~ foVos';k/wrZdqV~VuhfHkfjfr AA¸ Tripathi, Varanasi, 1992. p. 160, cf. U.K. Singh, op. cit., p. 224.19. Kuttani Mattam, 560-562. cf. U.K. Singh, op. cit., p. 224.20. Kalhan, Raj. Tarangini, VII. cf. U.K. Singh, op. cit., p. 224.21. Ksemendra, Desopadesa, 111, Upadesa, 32; 111. 11. cf. U.K. Singh,op. cit., p. 225:vU;olsu folaKk ÑrHkw"kk ;U=klw=klapkjk Ank:e;ho izfrek fon/kfu foMEcuk oàs AA¸ Kut. Mat., 727.22. Kut. Mat., 330-367, cf. U.K. Singh, op. cit., p. 225.23. Ibid., 795, cf. U.K. Singh, op.cit. p. 225.24. Kalahana, Raj. Tarang., 1.151, cf. U.K. Singh, op. cit., p. 225.25. Ibid., IV. 265-274, cf. U.K. Singh, op. cit., p. 225.26. Ibid., IV. 11-37. cf. the Story of Devasena and Unmadini in KathasaritSagara, 3.1.76. cf. U.K. Singh, op. cit., p. 225.27. Ibid., VIL 725, 856-857. cf. U.K. Singh, op. cit., p. 225.28. Ibid., VII., 850, 853, 856-860. cf. U.K. Singh, op. cit., p. 225. and second supplements to Vesya, Synonyms and Aphorisms in Bhv.8.256 ff; and 11.49 ff. where 330 synonyms were quoted. cf. U.K. Singh,op. cit. p. 220.30. Ed. O. Bohtlingk & C. Rieu Petersburg, 1847; pp. 532-3. cf. U.K. Singh,op. cit., p. 220.31. Ed. Th. Zachariac (Vienna-Bombay, 1893); 3.490. cf. U.K. Singh,op. cit., p. 220.32. Ed. The Aufrecht, Lahore 1908; 2.335) (Ed. Colebrooke (Calcutta, 1807);Nrvarga, 19a; 44.3. cf. U.K. Singh, op. cit., p. 220.January - March, 2013205

The Indian Police Journal33. Ed. 1808. ad bhujisya 99. cf. U.K. Singh, op. cit., p. 221.34. Vatstyayan, Kamasutra with Yasodhara’s Commentary, ed. by PanditDurga Prasad, Bombay, 1900. cf. U.K. Singh, op. cit., p. 221.35. Ibid., on Vats. 363.15.6. cf. U.K. Singh, op. cit., p. 221.36. Vats. 363; 13-4. cf. U.K. Singh, op. cit., p. 221.37. Vats. 363.15. cf. U.K. Singh, op. cit., p. 221.38. Vats. 347. 16.7, cf., footnotes of, I. Sternbach op. cit., p.201. cf. U.K.Singh, op. cit., p. 221.39. Vats. 184.12-3, Vats. 363.13., 347.7, 348.17. cf. U.K. Singh, op. cit.,p. 221.40. cf. L. Sternbach, Vesya, Synonyms and Aphorisms (Bombay, 1945). cf.U.K. Singh, op. cit., p. 221. p. 21. cf. U.K. Singh, op. cit., p. 235.42. Ibid., cf. U.K. Singh, op. cit., p. 235.43. A.L. Basham, op. cit., p.185. cf. U.K. Singh, op. cit., p. 235:“Poets, the leaders of lovers,Light up the hearts which are heavy with passion.She who rides on a seesaw, the object of jest and blameHow can she have fallen so deep in love as this?”44. ASIAR, 1903-04, p.122; cf A.L. Basham, op. cit., p.185. cf. U.K. Singh,op. cit., p. 235. op. cit.,p. 236.46. Ceraman Perumal, ‘Adiyula, in M. Raghava Aiyangar, ed., CaraventarCeyyutkovai, II, Trivandrum, 1951, 136-64. cf. U.K. Singh, op. cit.,p. 236. cf. U.K. Singh, op. cit., p. 236. op. cit., p. 236. op.cit., p. 307. cf. U.K. Singh, op. cit., p. 236. U.K. Singh, op. cit., p. 236.206 January - March, 2013

The Indian Police Journal51. Ibid., cf. U.K. Singh, op. cit., p. 23652. Ibid., cf. U.K. Singh, op. cit., p. 236.53. Ibid., cf. U.K. Singh, op. cit., p. 236.54. EI, XIII, 36 cf A.L. Basham, op. cit., p. 185. cf. U.K. Singh, op. cit.,p. 237.55. R. Pischelu. K.F. Geldner, Vedische Studien (Stuttgart, 1889,1901)2. 123. cf. U.K. Singh, op. cit., p. 237.56. Rigveda, 1.167.4. cf. U.K. Singh, op. cit., p. 237.57. Rigveda,11.29.1. cf. U.K. Singh, op. cit., p. 237.58. The Anekarthasamuccaya of Sasvata, ed. K.G. Oka (Poona, 1918) 641;also with a Vesya. cf. U.K. Singh, op. cit., p. 237.59. Rigveda, 4.5.5. cf. U.K. Singh, op. cit., p. 237.60. Atharvaveda, 1.17.11. cf. U.K. Singh, op. cit., p. 237. Prakasani, Kolkata, 2003, p. 2. cf. U.K. Singh, op. cit., p. 237.62. Rigveda, 1.124; 4.5.5. cf. U.K. Singh, op. cit., p. 237.63. Atharvaveda, 1.17.11. cf. U.K. Singh, op. cit., p. 237. London, 1912, 395. cf. U.K. Singh, op. cit., p. 237.65. Jambhalatta’s version of the Vetalapancavimsati, ed. and trans. M.B.Emeneau, New Haven, conn, 1934, story 21, 118. cf. U.K. Singh,op. cit., p. 237.66. cf. Rajatarangini, 7.520-2, Ibn Battuta in Voyages d’Ibn Batoutah,texte arabe, accompagne d’une traduction, by C. Defremey and B.R.Sanguinetti, Paris, 1914, 3.235-6. cf. U.K. Singh, op. cit., p. 237.67. Ayodhyakanda, 100.50. cf. U.K. Singh, op. cit., p. 237.68. Ram. Ayodhyakanda, 3.17-18. cf. U.K. Singh, op. cit., p. 237.69. Ram. Ayodhya. 14.39. cf. U.K. Singh, op. cit., p. 238.70. Ram. Ayodhyakanda, 127-3. cf. U.K. Singh, op. cit., p. 238. Calcutta, 1952, p. 267. cf. U.K. Singh, op. cit., p. 238.72. Ibid., p. 268. cf. U.K. Singh, op. cit., p. 238.73. Ram, II; 3.17.18. cf. U.K. Singh, op. cit., p. 238.74. Mahabharata, V.86. 15; 16. cf. U.K. Singh, op. cit., p. 238.75. Bhagwatpuran, i., 11., 20. cf. U.K. Singh, op. cit., p. 238.January - March, 2013207

The Indian Police Journal76. Narada, XVII, 10f. cf. U.K. Singh, op. cit. p. 238.77. Agnipurana, 227.44b-45a. cf. U.K. Singh, op. cit., p. 238.78. Kaut., 8.14. cf. U.K. Singh, op. cit., p. 238.79. Mahabharata, Udyog Parva, 30.38. cf. U.K. Singh, op. cit., p. 239.80. Mahabharata, Adi Parva. 115.39:Gandharyah klishyamanayah udaren vivardhata.Dhritarashtran maharajan Vesya paryacharat kil. 82. Ibid., p. 198.83. Mahabharata, VIIl 27. 30. 57-9.84. cf. Mats. Pur. Ch. 70.85. Samayamatrika, 111. 18.86. Vat. Kamsutra, 111.5.14-26.87. Mahabharata, 111.5.14-26.88. Vishnu Purana, Ch. 37; Yajnavalkya Smriti, 240.89. Mahabharata, Udyog., Parv., 86.15.Svalangakritascha kalyanyah padaireva sahastrashyah.Varmukya mahavagan pratyudyasyanti keshavam.90. Mahabharata, XIV. 85.18.91. Ibid., XIV. 80, 32.92. Ibid., VII. 65.6.93. Ibid., VI. 160.1.2., XI1 29.65.94. Ibid., XV. 14.4., 39.20, XVII. 1.4, XVIII. 6.12.13. 96. cf. Kum Kum Roy (ed.) op. cit., pp. 197-99.97. Ibid., p. 197.98. Ibid., p. 197.99. Ibid., p. 197.100. Sukumari Bhattacharjee, op. cit., p. 199.208 January - March, 2013

The Indian Police Journal101. Ibid., p.199.102. Arthasastra, 11.27.1127, X. 1-3.103. Padma Purana, Srstikhanda 52; 97.104. cf. Meghadutta of Kalidas, verse 35.105. Artha. V. 2.106. Ibid., 1-20.107. Ibid., III. 59-63.108. Kaut. Arth., 124. 6.ff.109. Kaut. Arth., 55.11.110. Kaut. Arth., 41.18-20.111. Kaut. Arth., 11.27; Jatakas mention the vannadasi in 11.380; 111;111.59-63-72; 475-8.112. Jataka, III. 59-63.113. R. Shamsastri (ed.), Kautilya ‘s Arthasastra, Mysore, 1st ed. 1915, 6th ed.1960, Section on the Ganikadhyaksa, Superintendent of Prostitutes.114. Vats. 53.9;315-16:Santy api khalu sastraprahatabuddhayo Ganika rajaputryoMahamatraduhitaras’ ca tasmad vaisvasikaj janad rahasi Prayoganchastram ekadesam va stri grhniyat abhyas Prayojyam’s ca catuhsastikanyogan kanya rahasy ekaking.115. Vats. 30.2-3, 7-8, 13-4.116. Vats. 347.23-348.1:ayamprakrsto labhatisyah; rupajivaham ity uttamanamsatsvapi gunesu rupajivayam rupasya pradhanatvat kalas tu na santi117. Vat. 347. 18.9:sarvangiko lankar ayogo grhasyo’darasya karanam maharhair bhandaihparicarakais ca grhaparicchedasyo jjvalate ti rupajivanam labhatisayah118. Kaut., 66.3; 249.17.119. K. 60. 1-4:sulkam dandah pautavam nagariko laksana dhyakso mudradhyaksahsura suna sutram tailanghrtam ksaram sauvanikah panyasamstha veayadyutam vastukam karusilpigano devatadhyakso dvaravahirkadhyam cadurgam.120. Kaut. Arth., 249.17-18:Sattrinas cayudhiyanam vesyah karukusilavah dandavrddhas cajaniynssaucasaucam atandritah.January - March, 2013209

The Indian Police Journal121. K. 184.10; 214.14; 221.3.122. cf. L. Sternbach, Vesya Synonyms and Aphorisms, 17. ff.123. Kaut. Arth., 214.14.124. Kaut. Arth., 184.10.125. Kaut. Arth., 221.3.126. Kaut. Arth., 146.12.41.18; 21.8; 124.3; 125.14; 44.6.127. Kaut. Arth., 113, 20.128. Kaut. Arth., 21.7.129. Kaut. Arth., 380.15.130. Kaut. Arth., 124, 14.131. Kaut. Arth., 124. 13.132. Kaut. Arth., 124.19.133. L. Sternbach, op. cit., p. 209.134. Kaut. Arth., 123. 14-6:sanbhagya laukara-vraddhya sahasrena varman kanisthaum madhyaman,uttamam va ropayet. chattro bhrngara-vajana-sibikapithikarathesu cavisesartham,135. Arth., 10. 186-9. Kautilya says:“omukhan mukharabharanavrtam.Anujnatasanacchatracamara makoron nrpah.Ta ganantargata yasmad angasam ca mahattamah tamMahaganikasabham alabhanta naradhipati. Mahagunas tatasCauyas tato by anyas tatah parah yavad ghatakasamghattak athOrataytah khalah. Yaesa ganikabheda idanim apidrsyate.”136. Kaut. 123.8:Tatah kalat prabhrty eva bharatena pravarti tah.137. Kaut. Artha., 123.11:ganikaya duhita paricrika va nanyapurva saptani ti ghotakamukhah138. Vats. 67.19-20.139. cf. Vats. 365.140. Vats. 68.19-20.141. R. Schmidt, Beitrage Zur indischen Erotik (Berlin, 1920) 151-2.142. Abu Zayd Hasan, (10th Century), ed. G. Farrand, 124; D. Paes, 16th Encyclopaedia of Religion and Ethics, by J. Hastings 10.406 ff.210 January - March, 2013

The Indian Police Journal143. Bhartiya Matyasastra, 34.7, 34.10.144. Rahul Sanskritayan’s Hindi trans, Benaras, 1936, pp. 73-85.145. Ibid., Banaras, 1964, pp. 106-7, 171-2.146. S.N. 47.20, 23.147. Sacred Books of the East, Vol. XVII, pp. 106-7, 171-2.148. Dhammapada Commentary, Pali Text-Society, London, 1906-14,pp. 308-9.149. Vinaya Pitaka, Sacred Book of the East, Vol. XX, pp. 360-1.150. Kaut., Arth., 123. 8-9.151. Kaut., Arth., 123.14-5.152. Kaut., Arth., 247.18-9.153. Kaut., Arth., 247.18-9.154. Kaut., Arth., 248.12.155. Kaut., Arth., 248.13.156. Kaut., Arth., 247.6-5.157. Vats. 343,10; 15-6. Vats. 306.20.158. Vats. 324.8.159. Vats. 342.8-9.160. Vats. 342.10, Vats. 342,10, Vats 342.10-1, Vats. 342.10-1, Vats. 12-4: kamaudbhutasaktir va; sthitim desapravrttimyatha adhara kayam sevamanasyai kagunahpurvakatyam opi, deigunah. (Vats 342.10-1).161. Vats. 342.12-4:atamano gunan rupavaidaghyadin sato sato va; tatha saubhagyam;anyabhya iti mesyabhyah sthana manabhyam atenanas ca nyunatvamca dhikyam ca veksya tab anurupam rajanyam artham sthapayet.162. Kaut. Arth., 4.53.163. Kaut., 124.6.164. L. Sternbach, op. cit., p. 216.165. Kaut. 124.6-7.166. J.J. Meyer, 194.17.167. cf. Jatak. 4.249.168. Kaul. Artha., 124. 6.169. Mrecch. Act. 4; sl. 5, 10.90 ff.January - March, 2013211

The Indian Police Journal170. (In Jat. 3.59.22-3:Ganika Sama asked. kena nu kho upayenahamimam purisam attanosamikam kareygam.171. Kaut., Arth., 125.13.172. Kaut., Arth., 124.3-4:Ganika dasi bhagnabhoga Kasthagare mahanase va karma kuryat.173. Kaut., 124.2.174. Kaut. Arth., 125.15-6.175. Kaut. Arth., 248.2.176. Kaul. Arth., 123.17; 124.3.177. Kaul. Arth., 47.19 ff.178. Kaut. Arth., 248.19.179. Kaut. Arth., 123.17.180. Kaul. Arth., 124.3-4.181. L. Sternbach, op. cit., p. 220.182. Kaut. Arth., 248.3.183. Ibid., p. 215.184. Agnipurana, 107.7.185. cf. Mahabharata, 3.239.22 ff.186. Das, 80, 15-8.187. Bhojaprabandha (Calcutta; 1883) 86-19.188. Archaeological Survey of India, South India Inscriptions, ed. and trans.E. Huitzsch., Vol. II. Part III, Madras, 1895, No. 66.189. Arth., 2.4.11.190. Arth., 10.1.10191. Arht., 5.2.28. cf R.P.Kangie, The Kautilya Arthasastra, Part-III, MotilalBanarsidas, Publ; Delhi, 2000, p. 164.192. Ibid., p. 217.193. Ibid., p. 219.212 January - March, 2013