April - June 2010 - Bureau of Police Research and Development

Vol. LVII-No.2APRIL-JUNE, 2010Editorial BoardSh. Prasun Mukherjee - ChairpersonSh. P.C. Sabarwal - MemberSh. S.P. Vaid - MemberSh. Radhakrishnan Kini - MemberSh. M.K. Chhabra - MemberSh. Desh Raj Singh - MemberDr. B.V. Trivedi - MemberEditorGopal K. N. ChowdharyContents1. Editorial 22. Abstracts & Keywords 43. Police Sub-Culture 8An Adaptation of a Scale for Indian PolicemenDr. Anuradha Bhandari and Sarita Malik4. Singapore Community Policing Experiment 13Sankar Sen5. Relevance of KPAs & KPIs in Policing - CID-AP 18A Sivanarayana6. Conviction Rate : A Reality Check 25Shatrujeet Kapoor7. Cell Tower Radiation Hazard: Need of Legislative Action 36Mrs. Kanika Gaur8. Detection of Lorazepam from Human 40Viscera by a New HPLC TechniqueS. K. Chakrabarti, A. Debnath & A. Bhattacharjee9. Domestic Violence against Women 46and Role of Counselling: Some ReflectionsHardeep Kaur10. A Study of Burnout and Marital Adjustment 51of Police PersonnelRekha Rani and Dr. Pooja Garg11. Budgetary Allocation for Prevention of Crime 58A Flawed Model for DevelopmentDolly Sunny12. Marital Rape : The Assasination of a Woman's Dignity 62Debdatta Das13. Silence of the Law on Marital Rape 73Gunjan Chowksey & Shantanu Srivastava14. Corrigendum 81

It gives me immense pleasure to place before you the latest issue (April-June,2010) of the Indian Police Journal. The issues mentioned above have beenexamined in the articles being published. As in the past, we look forward toyour comments and suggestions.EditorThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 3➢

Abstracts & Key WordsPolice Sub-Culture : An Adaptation ofA Scale for Indian PolicemenDr. Anuradha Bhandari and Sarita MalikKey WordsPolice Sub-culture, Crime Fighting, Service,Culture, Organizational Change, Socialization,Policing.AbstractAn understanding of police sub-culture isessential in order to understand the men inkhaki. A police sub-culture not only socializesthe new entrants but also teaches them thevalues, morals and various rules of policing.Adaptation to police sub-culture makes themmore loyal, aggressive, develop a feeling ofbrotherhood. Police sub-culture adherencescale developed by Cochran and Bromley(2003) was tested on Indian police and anadaptation of this police sub-culture scale wasdeveloped for Indian policemen.Singapore Community PolicingExperimentSankar SenKey WordsCommunity Policy, Japanese Model, RandomPatrolling, COBAN, Neighbourhood Policy Post(NPC)AbstractWhile police forces in USA and as well as inother western countries are still arguing overthe meaning and desirability of communitypolicing, the Singapore police boldly createdit. As the then Prime Minister of Singapore,Lee Kuan Yew said forthrightly, "we havenothing more to learn from the west, it is timeto begin to learn from the east". Singaporedecided to emulate the Japanese model andbrought about a complete conversion of thesystem between the years 1983 to 1989. Allthese changes were made within a shortperiod of time and without expenditure ofresources beyond the normal budget.Relevance of KPAs & KPIs inPolicing-CID-ADA SivanarayanaKey WordsKey Performance Areas (KPAs), KeyPerformance Indicators (KPIs), Reactive,Extraveneous, CHRI, IPC, SMART Principles,Performance Managment.AbstractThe democratic policing in any country ismeant for human security, protection andservice to the people, in addition to maintainingorder. The policing plays a vital role in thesociety from every sphere of development andchange. The UK and USA measures victims'satisfaction with the service they receive fromthe police. This KPI forms part of a PublicService Agreement. The increasing victims'satisfaction is assessed and suggestions aremade for future research and policyintervention to raise levels of satisfaction. Inother countries like Canada, Australia, etc.,different methods are adopted basing onnumber of cases reported, preventivemeasures achieved and the number ofconvictions attained in a year.4 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Abstracts & Key WordsConviction Rate : A Reality CheckShatrujeet KumarKey WordsRegular Case, Conviction Rate, Sentencing Policy.AbstractLarge number of acquittals in criminal cases iswidely perceived to be an important reason behinddeclining fear of law in our Society. Over the years,people have lost faith in the capacity of the lawenforcement machinery to bring offenders tojustice.It is commonly believed that with money and musclepower, one can go scot free even after committingmurder. Failure of the system to convict offendershas caused a huge dent in its credibility in the eyesof the public.Cell Tower Radiation Hazard: Need ofLegislative ActionKanika GaurKey WordsCell Tower, Radiation, Antenna, Fundamental Rights,Micro-frequency, Handset, Dumbness, Epilepsy,Palpitations, Bye-laws.AbstractIt is generally an enlightening outcome when youwrite on an issue which is tagged as 'SuperfluousParanoia' and the issue in question was just thatkind of genre. What irked me most was that amidstall the bye-laws manning the safeguardsregarding the installation of cell towers onbuildings, most of the personal injury suits aregiven in favour of radiation affected residents, evenso that myriad mention of radiation hazard ofhandsets; a more grave issue of cell towerradiation hazard has escaped the attention ofmajor blocks. There is no unitary policy orseparate department in the central or stateGovernment until now, which could regulate andcheck the radiation pollution caused by Celltowers, Base stations, Antennas, Masts and Hubs.However, the issue is in direct conflict with thefundamental rights envisaged in our Constitution.This article attempts to examine hazards of CellTower Radiation in relation to law and policy.The Detection of Lorazepam from HumanViscera by a New HPLC TechniqueS. K. Chakrabarti, A. Debnath & A. BhattacharjeeKey WordsLorazepam, HPLC, TLC, GC-MS, Viscera.AbstractThe present paper describes the methodologyapplied to identify lorazepam, a benzodiazepinederivative used in a case to kill a lady to take revengeof betrayal. Along with conventional techniques/methods adopted for examination of the case, a nonconventionalmobile phase was used in HPLC, whichhas been successfully applied.Domestic Violence against Women andRole of Counselling: Some ReflectionsHardeep KaurKey WordsViolence, Domestic Violence, Rapport, Empathy,Counselling.AbstractDomestic violence is a repeated pattern ofbehavior to gain power and control over anotherthrough the use of intimidation, emotional, verbal,physical or sexual abuse. Counselling on the otherhand is a planned and systematic application ofknowledge and skills. It helps not only tounderstand and alleviate a large number ofproblems causing disharmony but alsomaladjustments in the relationships. This paperThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 5➢

Police Sub-Culture : An Adaptation of a Scale for Indian PolicemenSiddiqui (2004) stated that police leadershipshould develop an understanding of organizationalculture and build and rebuild its trust on positiveaspects. The police sub-culture in India getsreflected in the image of police in the society andpolice is not looked upon as something friendly andserviceable to the community. Most observers ofpolice organizational development are of the viewthat without taking occupational culture into account,many attempts of reform shall be frustrated as mostsignificant impediment to change within policeorganizations is police occupational (sub) culture(Skolnick, 1994).Paoline (2003) asserts that as officers advance inrank, commitment to the occupational culture thatserved to manage the strains found at the entrylevel of policing wanes, as different culturalcommitments emerge, based primarily on changesin one's work environments. Moreover, one mightexpect divergent street cop values (i.e., traditionalculture prescriptions) for those officers withaspirations to advance in rank, as they mightemulate the values of higher ranking officers.Previous studies addressing police culture havefound striking similarities between police culturesacross countries such as the USA, Canada andAustralia (Waddington, 1999; White and Alder, 1994).Even in socially, politically, and culturally differentcountries, like Japan and India, studies have foundremarkable similarities with western police culture,noting the existence of characteristics such asmachismo, a sense of "us against them", andcynicism (Miyazawa, 1992; Bayley, 1991).Cochran and Bromley (2003) proposed that the policesub-culture is presumed to be made manifest in themanner by which officers perceive their role aspolice and the scope of this role; their beliefsregarding how their role should and should not beperformed; and their attitudes toward the criminallaw, criminal procedures including departmentalpolicies, the police and other criminal justicepractitioners, criminal offenders, victims, andwitnesses, even citizens as a whole.Adherence to this police sub-culture includes :Negative attitudes towards the various legalrestrictions placed upon their efforts toeffectively fight crime : "Handcuffing the police;"Negative, skeptical attitudes toward legalinstitutions and other elements of the criminaljustice system : "The courts are too lenient;"Negative and suspicious attitudes toward policeadministration and the police bureaucracy :"Departmental policies and procedures are tooburdensome and ineffective;" and Negative, cynical attitudes toward the citizenry :"They are all a bunch of liars and crooks."This culture idealizes aggressive and authoritative ortake-charge approaches to policing such that crimefighting is accorded very high priority and the laws &order maintenance and service elements of the policerole are devalued. This strong orientation towardcrime-fighting and the accompanying negativeattitudes towards due process limitations placed onthe police by the appellate courts give rise to additionalelements of the police sub-culture. A primary elementof the police sub-culture is a great level of cynicismand suspicion which is carried by them into theirencounters with the citizens they have been employedto serve and protect. This, in turn, only adds to thetensions between the police and their community.Finally, the police sub-culture stresses an orientationwhich simultaneously grants autonomy to each officeryet demands from them unyielding loyalty to the group(Manning, 1995). Hence, Khan & Bhandari (2006) havesuggested that an understanding of Indian police subcultureis essential as it affects the overallpsychological and physical well-being of policefunctionaries.Need of Present StudyEvery organization has its own sub-culture and sodoes the police that have its own unique police subculture.Police sub-culture has such a great impactthat even personality traits and predispositions arenot all that relevant to the often stressful and difficultjob of policing. This is so as a backward organizationor corrupt peers could potentially cause even anhonest, intelligent, conscientious recruit either toadapt that deviant culture or leave the job of policing(Sanders, 2003). Hence, a need was felt tounderstand the Indian police sub-culture and developa standardized measure to assess the adherence topolice sub-culture in the Indian policemen.AbstractAn understanding ofpolice sub-culture isessential in order tounderstand the men inkhaki. A police subculturenot onlysocializes the newentrants but alsoteaches them thevalues, morals andvarious rules ofpolicing. Adaptation topolice sub-culturemakes them moreloyal, aggressive,develop a feeling ofbrotherhood. Policesub-culture adherencescale developed byCochran and BromleyThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 9➢

Police Sub-Culture : An Adaptation of a Scale for Indian Policemen(2003) was tested onIndian police and aadaptation of thispolice sub-culture scalewas developed forIndian policemen.MethodSampleThe sample comprised of 168 non-IPS male policefunctionaries belonging to the State of Haryana andUnion Territory of Chandigarh. These policefunctionaries ranged in rank from Constable toDeputy Superintendent of Police.The mean age of police functionaries was 43.35years (SD = 8.95). Only those police functionarieswere included in the present study who had aminimum of at least three years of continuousservice in the police organization. The mean averagelength of service was 21.29 years (SD = 9.91).TestPolice Sub-Culture Adherence Scale(Cochran and Bromley, 2003).The Police Sub-Culture Adherence Scale consistsof a total of 46 items. In this scale, functionaries,degree of adherence to the sub-culture of policingis measured by five distinct work/role orientationscales: Crime control, service, cynicism,traditionalism, receptivity to change. 13 itemsmeasure crime control, 14 items measure service,9 items measure cynicism, 6 items measuretraditionalism, 4 items measure receptivity tochange. The functionaries are required to indicatetheir responses to the items along a 5-point Likerttypescale, ranging from 'strongly agree' to 'stronglydisagree'.ProcedureThe aim of the study was to develop a standardizedmeasure to assess the police sub-culture of Indianpolicemen. For this purpose, 168 non-IPS malepolice functionaries were administered theadherence to police sub-culture scale developed byCochran & Bromley (2003). Initially, the scale wasgiven to five senior police functionaries, in order toassess the items and their relevance for use tomeasure adherence to police sub-culture on Indianpolicemen. Based on the recommendations, someminor changes were made. Thereafter, the test wasadministered to groups of functionaries of varyingranks ranging from Constable to DeputySuperintendent of Police. Data was collected insmall groups of functionaries.Scoring of the scale was done as per thespecifications given by the authors. The raw datawas analysed, means and standard deviations andCronbach Alpha reliability estimates of each of thesub-scales were computed.Results and DiscussionTable 1 shows the number of items of each subscalenamely crime control, service, cynicism andreceptivity to change and an example of a sampleitem of each. Table 2 shows the Means of theindividual scales and the Cronbach Alpha reliabilityestimates of the total sample.The Cronbach Alpha reliability of Traditionalism subscalewas found out to be 0.04 and thus it has notbeen retained in the Indian adaptation of the scale.The final version of the scale consists of a total of36 items and four sub-scales.Table 1: Modified Indian Police Sub-Culture ScaleSr. SubNo. ScaleNo. of Sample ItemItems1. Crime 12 An aggressive,Control tough bearing is moreuseful to a law enforcementpolice officer than a friendly,courteous manner.2. Service 14 Law enforcement should beseen primarily as a serviceoriented profession ratherthan a crime controlprofession3. Cyni- 6 Most people would steal ifcism they knew they would notget caught4. Rece- 4 Most changes make myptivityto work more efficient (i.e.change saves time, effort, money)10 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Police Sub-Culture : An Adaptation of a Scale for Indian PolicemenTable 2Means and Cronbach Alpha of the Four Sub-scalesSr. Scale Means CronbachNo.Alpha1. Crime Control 41.60 0.672. Service 58.44 0.833. Cynicism 21.30 0.644. Receptivity to 15.84 0.69changeCrime control orientation refers to the importancepolice functionaries place on the law enforcementand crime control functions of their jobs. Highvalues on this scale indicate a strong preferenceamong respondents for the crime-fighting aspectsof their roles as law enforcement officers. Servicemeasures the extent of orientation towardscommunity-oriented policing. Functionaries' workorientation toward service-related activities is anindicator of disagreement with the police subculture.High values on this scale are indicative ofa strong pro-service work orientationcommensurate with the ideals of communityorientedpolicing and antagonistic to the police subculture.Cynicism refers to cynical perception ofthe public by the Police. High values on this scaleare indicative of a strong agreement with cynicalattitudes of law enforcement officers. Receptivityor openness to organizational change refers toopenness towards modern organizational changesoccurring within law enforcement. High values onthis scale indicate a high level of receptivity tomodern organizational changes occurring withinlaw enforcement, which are antagonistic to thepolice sub-culture.It is recommended that this Police sub-culture scaleis now ready for use on Indian policemen.ConclusionA reliable and valid assessment tool of the policesub-culture is crucial to understand twenty firstcentury policing. This is because the methods,functioning and style of policing have changed inIndia with the changing times. The present studywas ‘therefore’ an attempt to develop an Indianadaptation of adherence to police sub-culture scalefor police functionaries. It is felt that this assessmenttool will help to reach a deeper understanding of thepolice organization, its problems and uniquechallenges.ReferencesAlyward, J. (1985). ‘Psychological testing and policeselection’. Journal of Police Science andAdministration, 13 (3), 201-210.Bayley, D. (1991). “Forces of Order: Policing ModernJapan. Berkeley.” CA: University of California Press.Cochran, J.K., & Bromley, M.L. (2003). ‘The myth (?)of the police sub-culture.’ Policing : An InternationalJournal of Police Strategies & Management. 26(1),88-117.Crank, J.P. (1998), “Understanding Police Culture,Cincinnati”, OHIO: Anderson PublishingCompany.Dempsey, J.S. & Forst, L.S. (2005). “An introductionto policing.” USA: Thompson Wadworth.Dwyer, W.O, Prien, E.P. & Bernard, J.L. (1990).‘Psychological Screening of Law EnforcementOfficers : A Case for Job Relatedness’, Journal ofPolice Science and Administration, 17 (3),176-182.Haryana Police Act (2007)Khan, S.A., & Bhandari, A. (2006). “The Police Edifice:Standing or Crumbling.” New Delhi: SiddharthPublications.Malik, M.S. (2004). “Human Rights & The SecurityForces.” New Delhi : R.K. Offset Press.Manning, P. K. (1995). “The Police OccupationalCulture in Anglo-American Societies. In W. Bailey(Ed.), The Encyclopedia of Police Science (pp. 472-475). New York: Garland Publishing.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 11➢

Police Sub-Culture : An Adaptation of a Scale for Indian PolicemenMesko, G. and Klemencic, G. (2008). ‘Rebuildinglegitimacy and police professionalism in anemerging democracy: the Slovenian experience’.InTyler, T.R. (Ed.), “Legitimacy and Criminal Justice:International Perspectives”, New York: Sage.Miyazawa, S. (1992). “Policing in Japan: A Study onMaking Crime”. Albany: State University ofNew York Press.Paoline, E. (2001). “Rethinking Police Culture:Officers' Occupational Attitudes”, New York, LFBScholarly Publishing.Paoline, E. (2003). ‘Taking stock: Toward a RicherUnderstanding of Police Culture’, Journal of CriminalJustice, 31 (3), 199-214.Sanders. B.A. (2003). ‘May be there is no such thingas good cop. Organizational challenges in selectingquality officers’. Policing : An International Journalof Police Strategies & Management, 26 (2)313-328.Siddiqui, A.A. (2004). “Police Sub-Culture”.Amritsar: Guru Nanak Dev University.Skolnick, J.H. (1994). “A sketch of the policeofficer's working personality. Criminal Justice inAmerica: Theory, Practice and Policy”. NJ:Prentice-Hall.The Indian Police Act (1861)Waddington, P. (1999). ‘Police (canteen) sub-culture:An appreciation’. British Journal of Criminology, 39(2) 287-309.Walker, D. (1986). ‘The relationship between socialresearch and public policy: The case of policeselection process’. American Journal of Police,5(1), 1-22.White, R. & Alder, C. (1994). “The Police and YoungPeople in Australia”, Melbourne: CambridgeUniversity Press.12 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

IntroductionSingapore Community PolicingExperimentSingapore is the most dramatic instance of a majorpolice force deciding in a short period of time that itwanted to change its fundamental system fordelivering police service, and is successfully doingso. Since 1981, Singapore police have shifted fromreactive incident-driven policing to full-scalecommunity policing. Earlier system was largelyreactive and based on deployment of a large numberof patrol vehicles.Singapore is a developed nation and like the UnitedStates a melting pot of diverse races and cultures.Its population is 76% Chinese, 15% Malaya, 6%Indians and 3% other races. Like New York andLondon, Singapore is one of the world's majorcommercial, financial and trading centres. It issecond to Rotterdam with the number of ships callingat its port everyday 2 .Before transition to community policing, policeoperations in Singapore were done at two commandlevels–central headquarters and dispersedprecincts. Both the headquarters and the precinctsperform the functions of foot patrolling, criminalinvestigation, control of law and order situations,etc. Patrolling was random motorized patrolling andsupplemented in some areas by bicycle and scooterpatrolling.Neighbourhood Police Post (NPP)In November 1991, a number of Japanese expertswere invited to help implementation of COBANSankar Sen*system in Singapore. On the recommendation of thestudy team, 8 NPPs were established in 1983 as apilot to assess the impact of the system. Positivepublic response to the NPP led to the acceleration ofthe final implementation phase, ending in December1994. There were now 91 NPPs throughout theisland. Singapore redeployed personnel into NPPsby reducing the number of officers assigned tomotorize petrol and reducing the number of supportunits, and by dissolving precinct task forces. Thepurpose of the system is as follows: To improve police-community relations inSingapore. To prevent and suppress crime through the cooperationof and support from the communityand To project a better police image and winconfidence of the public in the police with morecommunity-oriented services.StaffingAfter years of carefully studying, Singapore policedecided to staff each NPP with 20.5 officers-4 teamsand 4 constables and corporals. Four sergeantssupervised the teams with an inspector in charge.These teams serve respective 8 hours when the4th team has a rest day. All officers serve in NPPssometime in their careers but preference is givento good officers who are keen to serve in this kindof assignment. Since 1993 all recruits undergo asix weeks training course in the NPPs. In Singapore1Jerome H. Skolnick and David H. Bayley, “Community Policing: Issues and Practices Around the World” (Washington, D.C.:National Institute of Justice, forthcoming, 1988)2Model of Community Policing: The Singapore Story. The US Department of Justice.Key WordsCommunity Policing,Japanese Model,Random PatrollingCOBAN,Neighbourhood PolicyPost (NPC)*Senior Fellow, Institute ofSocial Sciences, Vasant Kunj,New Delhi-110070The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 13➢

Singapore Community Policing ExperimentAbstractWhile police forces inUSA and as well as inother westerncountries are stillarguing over themeaning anddesirability ofcommunity policing,the Singapore Policeboldly created it. As thethen Prime Minister ofSingapore Lee KuanYew said forthrightly,"we have nothing moreto learn from the west,it is time to begin tolearn from the east".Singapore decided toemulate the Japanesethe police have given NPPs a special status andtaken all steps to see that younger officers do notview NPP appointment as a dull job which theymust perform before moving to other interestingassignments.Female officers also function in NPP and get anexcellent opportunity to display their skill andinitiative. Women constitute 14% of the Singaporepolice force, a percentage high by world standards.Women comprise almost 20% of NPP personnel.They work alongside men night and day.Functions and DutiesNPP officers conduct foot patrols, bicycles, scooterpatrols so as to interact with the community andenhance their rapo with the residents. They alsoprovide wide array of services in order to attract thecommunity to visit the NPP. Foot patrols provide thetraditional visible presence and allow the officers towatch for suspicious persons. David Bayley saysthat patrolling officers are much assertive than theirJapanese counterparts in stopping people to asktheir identity and purpose 3 .NPP officers also conduct house visits which helpthe residents to know the NPP officers personallyas well as the services provided by them. Eachofficer is responsible for a particular area, visit allpremises at least once a year and homes ofneighbourhood watch and grass root leaders twicea year. To enhance community's awareness on crimeprevention, the NPP officers conduct crimeprevention exhibitions, school talks, crime risksurveys as well as distribution of crime preventionpamphlets and newsletters.Results of NPP SystemThe NPP system has certainly brought aboutrevolutionary changes within the realm of policing.According to Jarmal Singh 4 , it has transformed a3. ibid4 Jarmal Singh, "Community Policing in the context ofSingapore", Resource Material Series No. 56, pp. 140-50 5 ibid, p.131reactive or incident-driven policing approach to aproactive approach, which mobilized thecommunity to play a part in the crime preventionand control. It has brought about decentralization inpolice work and operations. Frontline officers nowfunction with greater autonomy and exercise theirdiscretion more proactively. Police penetration intothe society has now deepened and the flow ofinformation to the police from the public hasimproved. The public has also become aware of itsrole and responsibility in crime prevention.With the community policing, the public have alsobecome more aware of its role and responsibility incrime prevention and detection. The number of publicassisted arrests has steadily increased. This alsoreflects the evolving partnership between the publicand the police in crime busting. In 1996, GlobalCompetitiveness Report ranked Singapore as thesafest city in the world in terms of its residents'confidence that their person and property areprotected 5 .The surveys conducted in 1987 and 1991 confirmedthat NPP has forged closer contact between thepublic and the police, and there is now increasedconfidence of the general public in the police. Ithas further enhanced the image of the police in theminds of the public. The public perception surveysin 1996 and 2001 show that there is a high level ofpublic trust in Singapore Police Force. More than95 per cent of the respondents rated their perceptionof safety and security "as good or better". Crimerate of 100 per 1,00,000 population is one of thelowest in the world.Community Policing in Singapore is more than apolice strategy. "It is" says David H. Bayley"Police contribution to the creation of the newSingapore man. Community policing is part of civicdevelopment. It is a component in the growth of anew moral awareness that Singapore's leadershope will unite its diverse people. Community14 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Singapore Community Policing Experimentpolicing is linked, then, to morality and through it topatriotism. Preventing crime is what good citizensmust do, just as they must work hard, be courteous,and limit the size of their families. Crime preventionis an aspect of national ambition, and the policeand the public recognize that the police make adirect contribution".AccountabilityAs the NPPs are part of the patrol branch of thepolice force, they report to the patrol commander asat precinct police stations when they carry out crimeprevention duties or interact with the community.NPPs have also improved substantially thewillingness of the public to report matters to thepolice. Reports from the public have increased from12 per cent to 56 per cent in areas where NPPs havebeen established 6 . It is also very gratifying that closelinks with community organizations have not bredcorruption in the police or resulted in the unequalenforcement in the law.TrainingCommunity policing requires new forms oftraining. For community policing to worksuccessfully, Singapore police felt that allpersonnel have to be properly trained. Every onemust know the nature of duties to be performedby the police in community policing. This had theeffect in preventing any growth of gulf betweenthose in the new program and officers assignedto customer duties. This also created a receptiveclimate for it within the force. Singapore policealso use evaluation as a tool for persuading peopleto opt in favour of community policing. The newpolice techniques were evidence based.Evidences were collected about the pilot projectbefore a decision was taken to make communitypolicing an operational strategy. Communitypolicing was not however, used to challenge the6 Singapore Police Evaluation Reports on NPP, 1984.7 David H. Bayley: Research Report - A Model of CommunityPolicing: The Singapore Storyposition of politicians. Politicians were allowedto take full credit for the initiatives launched bythe police. The police "strove for a cooperativerather than a competitive relationship with thelocal politicians 7 ".Problem SolvingThe NPP system of community policing served theSingapore Police Force (SPF) well from 1983 to1997. The SPF undertook a survey of its operationalstrategy and realize that future would not be builtthrough perfecting the past, though it had been quitesuccessful. There is a need for innovation to meetnew policing challenges and public needs.Community policing has also been refinedincrementally in Singapore. Police now seek toplay problem-solving role and endeavour forresolution of certain community law and orderproblems that emerged from systemic causes. Thisproactive problem-solving approach establishesstronger bonds between the police and thecommunity.An example of a good problem-solving case isthat by Hong Kah, South NPP. The NPP used toreceive complaints about the coffee-shopvisitors drinking after mid-night when coffeeshops were closed. Their unruly behaviourcaused public unease and frustration. NPPofficers, instead of merely taking action againstthe lawbreakers, sought the cooperation of theowners of the coffee shops to stop the sale ofthe beer half-an-hour before the end of thestipulated licensing time; to stack up the chairsand chain them up before closing the coffeeshops; and remove all empty bottles from thetables to prevent their use as weapons. Thepolice also exerted peer group pressure on theowners of problematic coffee shops. They wereasked to follow the good practices of theircounterparts. The above measures weresuccessful in curbing the problems and theresidents of the area now enjoy restful nights.model and broughtabout a completeconversion of thesystem between theyears 1983 to 1989.All these changes weremade within a shortperiod of time andwithout expenditure ofresources beyond thenormal budget.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 15➢

Singapore Community Policing ExperimentInadequacies of NPPsA key feature of the NPP system is acompartmentalization of functions. Each officerhandles only a small piece of the entire serviceprocess. This limits the contribution of the officers.It also dilutes the ownership over the case. The NPPofficers' local knowledge is not tapped always in thecases, as their participation at the crime scene isonly transient. Further, crime victims are alsoinconvenienced and may even get confused withthe service delivery due to the internal inefficienciesin police work processes.In October, 1997, the Singapore Police Force made asignificant and bold move to re-design the NPP systemin a bid to strengthen its community policing approach,in the light of changing environment and factors. TheNeighbourhood Policing Centre (NPCs) system hasNeighbourhood policing Centre (NPC) has now beencreated to improve and enhance community policing.NPCs will be the sole vehicle for frontline policing toensure the community's safety and security. The NPCwill also be accountable for the total outcome ofpolicing in the community.Emergence of NPC as the instrument for policingservices means that NPP will cease to be thesub-unit of a bigger police unit. Officers manning theNPPs will come from NPC itself. More attention andtime is accorded to proactive functions in NPP system.In order to deliver decentralized, flexible, integratedand community-focused capabilities, the existingstructure and land divisions of the NPPs will bemodified. NPCs will be accountable for the totaloutcome of policing in the community. It will serveas centers of total policing and perform duties likeNPP SystemCommunity policing post with limited servicesDisparity in workload due to electoral basedboundariesGeneral services to attract residents andestablish points of contact.Low value tasks and narrow job scopeCompartmentalization of services with manyoffices each performing a separate taskLower priority on proactive workCommunity-based policingTable-1: Key Differences between NPP and NPCNPC SystemOne-stop total providing the full range of policingservice.More efficient pooling of manpower resourcesto serve the community manpower resourcesto serve the communityFocused on services that are critical to safetyand securityHigh valued, broad job challenge, better qualityofficersIntegrated service process with one NPCofficer handling the entire service processDedicated resources for proactive workcommunity focused policing.now been created to enhance the community policingapproach by strengthening the SPFs frontline operatingsystem, building a strong service organization andoptimizing the value contributed by each police force,to the policing process.reactive patrol and investigations as well as proactivepolice activities. The basic unit of the NPCsis a group of those front line officers led by agroup leader. This group of officers undertakesthe entire range of different police responsibilities.16 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Singapore Community Policing ExperimentEach group will also develop and nurtureteamwork of community relationships within itsallotted area.In sum, community policing in Singapore hadproduced, noticeable improvements in publicsafety and public cooperation in a short period oftime, and with very little addition of cost. It hasachieved realistic objectives. But communitypolicing in Singapore is more than a newdeployment scheme or a command reorganisation.It marks a profound change in the orientation ofpolice officers. Singapore police no longer seethemselves as law enforcement specialists. Theyhave embraced the notion that for successfulpolicing close cooperation between the police andthe community is needed. This marks a change inthe quality and nature of police professionalism.Thus, community policing requires change in thebehaviour of the police officers. The Singaporepolice fully embraced it only when they were sureof the improved behaviour of police personnel.Community policing program will not succeed, iftheir practitioners fail to behave in a disciplinedand principled manner.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 17➢

Key WordsKey PerformanceAreas (KPAs), KeyPerformance Indicators(KPIs), Reactive,Extraveneous, CHRI,IPC, SMART Principles,PerformanceManagment.*IPS, Addl. DGP, APIntroductionRelevance of KPAs & KPIsin Policing – CID-APThe domain of Key Performance Areas (KPAs) andKey Performance Indicators (KPIs) are ignored bymany with a wrong notion that they are meant forprofit making business organisations. But in fact,they are the measuring scales of every organizationto identify its primary goals, devise analyticalstrategies, implement and achieve measurablesuccess. Neely (1998) of Cambridge University,believes that measuring the performance of humanresources (HR) is not confined to the business sectorbut to Governments and their agencies, which areincreasingly recognising the value of measuringperformance all over the world 1 . Extensive researchinforms that HR, a strategic asset, managingperformance and implementing overall strategy isattained through this process of KPI. Becker (2001),says, many managers believe that 'people are ourmost important asset', but they find it difficult tounderstand how the HR function makes that a reality.The problem is that the ‘asset’ that is most importanthas been the least understood, least prone tomeasurement, and therefore, least susceptible tomanagement. 2 The relevance of KPAs and KPIs inpolicing is briefly discussed in this paper, with anaim to sensitise the decision makers to realize itsimportance and their application. It is not that we donot know, or we are not applying, but to ensure thatrefined blend of quality of output with necessarycutting edge of service to the humanity.An overviewJapan, where conviction rate is supposed to be thehighest (80-90%), appears to have shaken theParliament when the conviction rate fell just by2 to 4%. In Australia, incidence of a murder will beweek-long hot news in mass media thoughout thecountry.A Sivanarayana*Indian ScenarioThough the primary role of police is twin in nature(punitive and preventive), the present focus in Indiaappears to be containing trouble after it occurs,whether mob violence or individual criminal act. Itis 'reactive' in dealing with situations except when itis influenced by 'extraneous' factors. Various PublicInterest Litigations (PILs) filed in the Apex court ofIndia, constant and active initiatives ofCommonwealth Human Rights Initiative (CHRI) incampaigning for police reforms in India and othersmay point towards such lacunae in the system. The'political-organizational' characteristics of theinherited Indian police structure from colonial rulerincludes strict subordination to the civilianadministration, unaccountability to the public,coercive strength and disposition and frequent useof violence, institutionalization of an armed policewithin the civilian wing, an 'eyes and ears' functionon behalf of the government, pervasive secrecy andclose identification with propertied interests aresome of' the laments that public attribute to the policeorganisation. These characteristics are notsustainable in a democratic, republican India andmust be got rid of (Arvind Varma, IPS’ 2008) 3 .Conviction Rate – Ultimate Litmus TestOne of the quantifiable priorities of police can besaid as 'achieving conviction of offenders' andprotection of citizens. Most of the crimes reported inIndia are dealt with under Indian Penal Code (IPC). Acursory look reveals that the over all conviction rateof IPC cases in India is about 42% and the diminishingrate of conviction of heinous crimes like murder,rape, kidnapping, white collar crimes is 27-30%which is alarming and speaks of pathetic state ofperformance across the country.18 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Relevance of KPAs & KPIs in Policing – CID-APAnother disturbing factor is increasing carnage ofinnocents due to fatal road accidents. Though theloss of life to a family does not change whether it isby murder or accident, the focus on 'prevention offatal road accidents', though it constitutes more thana million cases in a year, appears to be negligible,which can be quoted as' the best example. In APalone 25% of the total FIR crime (1,60,000) per yearis the fatal & non-fatal road accidents resulting in13,787 deaths and 63,070 injured (many of thempermanently immobilised). Therefore, accountablepolicing through KPA and KPI is an essential elementfor Indian policing.What is KPA and KPIAs per Economic dictionary, "specific measures ofthe performance of an individual, team, ordepartment are defined as key performance areas(KPAs). Measures of achievement that can beattributed to an individual, team or dependent isknown as Key Performance Indicators (KPls). Theyshould be constructed using the "SMART principlesof objective-setting, and are normally developed aspart of a performance management system". Thepublic sector defines performance indicators as toestablish whether the envisaged performance wasachieved and at what cost 4 . Performancemeasurement can cover a number of functions:making action transparent, becoming a basis' oflearning about what works best; appraising progress,providing a foundation for positive or negativesanction. Sunil Gupta (2005) says, employee andcustomers are assets and expenditures related toacquiring and maintaining them should be treatedas 'investments', not expenses. The organisationsmust recover this investment over the long run. 5 It isunfortunate that the many state police organisaclonsare yet to identify the potency of their own employees,their capabilities, expertise, commitment, etc.However, the push and pull factors are playing themajor role of designating or· appointing a person toan assignment or position irrespective of hiscapability according to public opinion and massmedia reports.KPAs & KPIs in CIDAs already discussed, KPAs and KPIs in anyorganisation are meant to achieve the professionalexcellence and achieving the organizational goals.When police organisation is the life line of society,goals are sacred and the words "Woods are lovelydark and deep but I have promises to keep andmiles to go before I sleep" are apt to remind thepolice that we have still promises to keep sincerely.There are three characteristics of KPA & KPI:priorities are set according to organizational goals,Goals are set and assigned to right people/unit/team for implementation, and finally measures thequantifiable success and the cost within the settime frame.Role of LeadershipThe role of leadership plays a vital role in identifyingthe priorities of organisation, identifying the rightresources within available constrains, teams,infrastructure, institutional facilities, etc. and toextend over all support to achieve the goals. Thekey to selecting KPI lies in selecting indicators thatare quantifiable, and critical to the organization'sgoals. A hit-or-miss approach simply doesnot work;by making sure that KPIs can be measured. Selectingthe right key performance indicators, however, isonly half the battle. As a head of unit or organisationone must also know how to handle these indicatorseffectively.KPAs of CIDThe primary goal of CID, Andhra Pradesh can bebroadly described in five points: investigation ofspecialized cases of public importance,maintenance and updating of data warehouse oncrime and criminals so as to act as a catalyst toimprove prevention, investigation andprosecution, coordination of investigation in thestate and national institutions, efficient,professional and independent functioning ofSCRB and FPB through modernization processand advise and assist DGP and Government onmatters concerning investigation and prosecutionAbstractThe democratic policingin any country is meantfor human security,protection and serviceto the people, inaddition to maintainingorder. The policingplays a vital role in thesociety by ushering indevelopment andchange. The UK andUSA measures victims'satisfaction with theservice they receivefrom the police. ThisKPI forms part of aPublic ServiceAgreement. Theincreasing victims'The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 19➢

Relevance of KPAs & KPIs in Policing – CID-APsatisfaction is assessedand suggestions aremade for futureresearch and policyintervention to raiselevels of satisfaction. Inother countries likeCanada, Australia, etc.,different methods areadopted, dependingon number of casesreported, preventivemeasures achievedand the number ofconvictions attained ina year.(PSO 861 - 1 of APPM). Coming to the point ofKPA's and KPI's, the first point of consideration tothe leadership is to make priorities in consonancewith the goals.PrioritiesThe Andhra Pradesh CID made its priority on fivemeasurable points: to protect the state against thecyber based attacks and high technology crimes, toprotect civil rights, to combat major white collarcrimes and bank frauds, to support central, state,local and internal partners, and upgrade thetechnology and infrastructure to achieve the targets.The other point of importance is to identify the rightteam and the leadership to achieve the goals set.HRD-PDRAn integral aspect of Human ResourcesDevelopment (HRD) is the PerformanceDevelopment Review (PDR) which in turn constitutesperformance priorities, development objectives, andadditional needs of the Organization.To achieve PDR we must have the Key PerformanceIndicators which includeOperational efficiency.Public satisfactionVictim satisfaction (both in terms of policeinvestigation and response)AccountabilityUse of resources andHuman rights recordsKPIs in CIDC.I.D., A.P. has the following wings:(i) EOW (Economic Offence Wing), (ii) GOW(General Offences Wing), (iii) WPC, (WomenProtection Cell) (iv) Cyber PS (v) Anti HumanTrafficking, (v) FICN (Fake Indian CurrencyNotes) Investigation Unit, (vi) Narcotics Invn.Unit, (vii) Interpol Liaison, (viii) Investigation ofSpecific Human Rights Violation cases, (ix) PRC(Police Research Centre) (x) SCRB (State CrimeRecords Bureau), (xi) FPB (Finger Prints Bureau)with FACTS (Fingerprints Analysis and CriminalTracing System), (xii) A.D. Cell (Anti-DacoityCell) (xiii) Specific ISI (Inter ServicesIntelligence) cases.We would like to confine to five wings in definingKPIs and the same may be extrapolated to otherwings with appropriate changes.Overview of Pending Cases and othermatters%1. Cases pending as on date. Casesyou would finalize by the end of31st Dec.2. Pending trial cases as on date youwould like to complete by producingwitnesses, executing NBWs,objecting to defense advocates,Cr.PC petitions, etc., by 31st Dec.3. Number of cases you wouldpersonally intervene to securereports to speed up final reports/charge-sheets.4. Victim satisfaction levels frompoor - average - satisfactory-goodverygood-outstanding (to beelicited from the victims in aproforma and kept in the CD file).5. No. of in-service empowermentprogrammes law, procedure, etc.proposed/conducted by 31st Dec(Minimum of one result orientedprogramme per quarter)6. Evaluation process adopted -frequency per year (written skills/oral interviews/presentations,preparation of handouts etc)7. No. of personal interviews withjunior colleagues to develop'ownership' and bring aboutbehavioural/attitudinal changes.8. Number of NBWs pending withinthe State/Outside the State.20 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Relevance of KPAs & KPIs in Policing – CID-APII. EOW (Economic Offences Wing)1. No. of EOW cases pendingand to be finalized by the endof June and Dec.2. No. of pending trial cases and% which would be finalized byadducing timely evidence byJune and Dec.3. No. of NBWs pendingexecution by the end ofJune/Dec.4. No. of suo motu casesregistered by the end ofJune/Dec.5. No. of in-serviceempowerment: trainingprogrammes to be conductedby June/Dec.6. No. of reviews taken up withsubordinates by the end ofJune/Dec.7. No. of handouts/circularscirculated among the SsP/CsPand among subordinate CIDofficers about newdevelopments, Supreme Courtjudgments, proactive work, etcby the end of June/Dec.Anti Human Trafficking UnitBy ByJune Dec.(Target: 700 AHT cases, 1500 traffickers to bearrested, 1000 victims to be rescued by Dec 08By ByJune Dec-08 -081. No. of rescues made within theState and outside by the end ofJune/Dec.2. No. of traffickers arrested by 397the end of June/Dec.3. No. of victims: (VOCSETs) 298including rescued by the end ofJune/Dec.4. No. of sessions cases (SC Nos)come up for trial by the end ofJune/Dec.5. No. of calendar cases (CC Nos)come up for trial by the end ofJune/Dec.6. No. of sessions cases thatended in conviction of above 7years imprisonment.7. No. of CC No. cases that endedin conviction upto 3 Years.8. No. of victims given witness /victim support fund to enablethem to come to court.9. No. of VOCSETs rehabilitated.I reintegrated by the end ofJune/Dec.10. No. of empowermentprogrammes conducted forPolice Officers by the end ofJune / Dec. with CID interfaceat A.P. Police Academy.11. No. of national/internationalworkshops held where A.P.Police Officers represented.Technological Advancement(Mandatory Online Data Transfer)The KPI's in the field of upgrading the technologyand creating infrastructural facilities, the state ofAndhra Pradesh developed as number one in thecountry, facilitating the investigating officers to getevery support online through 'the program of PoliceApplications, A.P. Police Messaging Systemconnecting all the (1639) Police Stations, with 22The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 21➢

Relevance of KPAs & KPIs in Policing – CID-APDistrict Head Quarters, 4 Commissionerates, 3Railway districts, State Officers, etc. under onegroup user mode, Intranet, e-CIG, CriminalIntelligence Information System, 3rd EyeInvestigation Tool providing additional onlineinformation about the addresses of all cellularand land line telephones, registration particularsof motor vehicles, Household supply card (RationCard) details and Election Card details for thestate of Andhra Pradesh for identification ofindividuals, Online Library of Books and Journals,Case Status of High Court and Supreme CourtCases, Telephone Directories, etc. The presentproject of Mandatory online data transfer,periodical returns on crime and criminals isanother innovative improvement empowering theDCRB and SCRB, a paperless office and it is likelyto commence operation by the end of this year.As the details of improvement in IT arevoluminous, I recommend the readers please tovisit our websites; www.cidap.gov.in,www.appolice.gov.in, and sometimes when youvisit Hyderabad to have a glance of our websitecontaining above mentioned PoliceApplications.State Crime Records Bureau (SCRB)1. No. of PSs (out of 1639 PSs inAP) brought on to mandatoryonline data transfer (MODT) bythe end of June/Dec.2. No. of Returns (out of 57monthly returns incl.MCR)sent through MODT by the endof June/Dec.3. No. of IT Core Team districtUnits/DCRBx/CCRBx officerstrained in MODT ine-governance lab of SCRB bythe end of June/Dec.By ByJune Dec4. No. of active criminals dataentered into CIS by the end ofJune/Dec.5. No. of stolen/recoveredvehicles based on SCRB databy the end of June/Dec.6. No. of portraits drawn andaccused identified by the endof June/Dec.7. No. of handouts circularsgiven to Unit Officers forenhancing computerapplications by the end ofJune/Dec.8. No. of liaison meetings heldwith IG PC&S regd developinguser-friendly software forretrieval of information by theend of June/Dec.9. No. of LAQs/ LCQs/ RSQs,/LSQs replied by the end ofJune/Dec.10. No. of research projects takenup by the PRC by the end ofJune/Dec.12. No. of offenders identifiedbased on prisoners releasedata sent by PrisonSuperintendents.13. No. of acquittal judgments inheinous offences beingscrutinized and action initiatedagainst the IOs.14. No. of innovative measuresadopted by SCRB by the endof June/Dec.15. Have you adhered to the cutoff data of bringing down22 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Relevance of KPAs & KPIs in Policing – CID-APcrime in A.P. Book by the endof April every years? (Yes/No)16. Have you uplinked the crime inA.P data into CID Webwww.cidap.gov.in by the:end of April (Yes/ No)17. Have you updated the websiteinformation every quarter(Yes/No)Finger Prints Bureau (FPB )Chance Print through digitalcamera through data as SOC-FACTS programme implementedin A.P. in Feb-08.7. No. of officers sent for inservicetraining to New Delhiand other places by the end ofJune/Dec-08 and from Jan toDec-07.Notable Achievments: (Criminal Cases)1. No. of Chance Prints lifted fromSOC and No. tallied with theFACTS database by the end ofJune/Dec-08 and from Jan toDec-07.2. No. of court documentsregarding disputed FPsexamined and results submittedby the end of June/Dec-08 andfrom Jan to Dec-07.3. No. of FPs of convictedoffenders entered into FACTS bythe end of June / Dec-08 andfrom Jan to Dec-07.4. No. of inter-State FP slipsverified by the end of June /Dec-08 and from Jan toDec-07.5. No. of empowermentprogrammes conducted for FPBofficers by the end of June/Dec-08 and from Jan to Dec-076. No. of FPB Inspectors collectingChance Prints and sending themto FACTS server from SOC inliaison with CLUES Team withinone to 3 hours of lifting theBy ByJune DecCase regarding Misappropriation of GovernmentFunds from SSA (Sarwa Shiksha Abhyan) takenover on 10.4.07 and charge sheet filed on04.06.07.Inquiry under Sec. 45 (S) of RBI Act againstMargadarsi Financiers initiated with IGP-EOWas Authorized OfficerHigh Court Division Bench supported applicationof MLM Act to 'Amway' on 19.7.07Hon'ble Supreme Court upheld the High Courtjudgment regarding 'Amway' on 14.08.07Convictions obtained in the Hon'ble VI Addl. CMMCourt against all the 6 accused in 7 casesconcerning realtors - M/s Sri Laxmi Priya TownShip Ltd on 25.10.0.Out of 14 cases, 3 cases registered againstbanned outfit Deendar Anjuman ended inconviction. 39 accused were convicted (crimein 35/2000 of CID PS)2 cases of ISI including murder of MahalaxmiJewellery Shop owner Modi (Cr.No. 172/2000 ofAfzalgunj PS) ended in conviction with lifeimprisonment.The publication of Crime in AP, a readyreckoner. in a record time of 4 months withnew features facilitating investigating officersand SsP/CsP.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 23➢

Relevance of KPAs & KPIs in Policing – CID-APPhilip Holman and Derek Snee (2004) 6 rightly saidthat KPIs help an organization to define and measureprogress towards organizational goals and once itcan analyze its mission, identify stake holders, definegoals, it needs a way to measure progress towardsits goals. They recommend a route to improveefficiency in six points as shown in the fig. below.Route to Efficiencyhallmark of success in any organization andperiodical review is the constant yardstick of effectiveachievement of goals.It is hoped that the police organization today in Indiaon the whole will realize the importance of KPAs andKPIs, and improve the service delivery to the public.Reference1 Neely Andy (1998), “Measuring businessperformance”, Economist Books/Profile Books.2 Becker Brian E, Huselid Mark A and Ulrich Dave,(2001), “The HR scorecard: Linking people,strategy and performance”, Harvard BusinessSchool Press.3 India together (Sept 2008), “Police Reforms:Creative Dialogue Needed”, Digital version.Cursory of the above diagram is an index to theleadership to understand and learn about the activityof the assignment and then to set the right objectivesfor improvement. The other point is shedding out thewaste and refining or taming the tools throughdifferent process of improvement, thereby thecapacity building is developed to meet the challengeswith efficiency. The continuous improvement is the4 Bruijn Hans de, (2002), “Managing performancein the public sector”, London Routledge.5 Gupta Sunil and Lehmann Donald R. (2005),“Managing customers as investments: Thestrategic value of customers in the long run”,Wharton School Publishing.6 Holman Philip and Snee Derek (2004) “TheImproving Efficiency”, Pocket Book, ULC,Ashridge.24 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Conviction Rate : A Reality CheckShatrujeet Kapoor*IntroductionLarge number of acquittals in criminal cases iswidely perceived to be an important reason behinddeclining fear of law in our Society. Over the years,people have lost faith in the capacity of the lawenforcement machinery to bring offenders to justice.It is commonly believed that with money andmuscle power, one can go scot free even aftercommitting murder. Failure of the system to convictoffenders has caused a huge dent in its credibilityin the eyes of the public.A logical corollary of the argument is that highconviction rate can reverse this trend and bringback the much needed credibility in the system.In order to test this hypothesis and identifyfactors that determine the effectiveness of thecriminal justice system, a study was conductedin a branch of the Central Bureau of Investigation(CBI) on the basis of five year data ofregistration, investigation, prosecution andoutcome of trials, appeals and revisionspertaining to the year 1980 to 1984.The study has revealed that there are severalfactors, other than conviction rate, which havean adverse impact on the public perception,namely, inordinate delay at various stages ofprosecution, absence of sound sentencingguidelines, leaving the issue of quantum ofsentences completely at the discretion of thecourts, too many options to file appeals andrevisions against the order of sentence, and soon. In other words, improving conviction ratealone may not help the system in attaining itsrightful glory unless it is accompanied withcertain policy level interventions, details ofwhich will follow:FindingsImportant findings of the study are as under : Even though 144 out of 275 accused personsprosecuted during the period under studywere convicted (57.37%), less than 4% ofthem actually spent time in prison. The sentence awarded to a convictedaccused, on an average, was less than 13%of the maximum sentence prescribed for theoffence for which s/he was convicted. More than 86% of the convicted offenderswere sentenced to undergo three years' orless imprisonment, allowing them the benefitof automatic bail under section 389(3) ofCrPC. Average time taken for completion ofinvestigation was 13.4 months. Trials werefar slower and took on an average 7 years4 months. More than 75% (111 out of 144) of theconvicted accused persons challenged theirconviction by the trial court by way of filingappeal. Those, numbering 33, who acceptedthe conviction included 25 persons whowere released on probation and another 6who were convicted till rising of the court.Thus, only the remaining two convictedoffenders out of 144 (less than 1.5%)accepted substantive (read real) sentences. The data pertained to the year 1980 to 1984.However, only 37 appeals have been decidedso far. Average time taken in deciding an appealwas 9 years 11 months. 66 appeals and 5revisions are still pending in the High Court,even after more than 20 years of institutionof criminal proceedings against the accusedpersons.Flawed Justice Delivery SystemClearly, the justice delivery mechanism in ourcountry is badly flawed. There is inordinate delayKey WordsRegular Case,Conviction Rate,Sentencing Policy.*IPS, IG (Telecom)Panchkula, HaryanaThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 25➢

Conviction Rate : A Reality CheckAbstractLarge number ofacquittals in criminalcases is widelyperceived to be animportant reasonbehind declining fear oflaw in our Society. Overthe years, people havelost faith in the capacityof the law enforcementmachinery to bringoffenders to justice.at every stage. Few offenders are convicted.Fewer actually spend time in prison. The rest,especially, the white collar variety, are able totake advantage of a host of lacunae in thesystem and manage to avoid incarceration. Aninnocent person wrongly prosecuted by thepolice, on the other hand, has to struggle foryears to prove his innocence. These distortionsare hitting at the root of our Criminal JusticeSystem, highlighting pressing need for reforms.As per official statistics, conviction rate in theCentral Bureau of Investigation in the last 10years has been as under:Table-1: Conviction Rate in CBIYearPercentage1998 72.01999 57.12000 71.92001 70.02002 68.72003 68.42004 66.32005 65.62006 72.642007 67.25The above table demonstrates that the Bureauhas achieved an impressive conviction ratebetween 57.1% and 72.64%. In the States, barringa few like Tamil Nadu where they still have theold system of Police Officers heading theDirectorate of Prosecution resulting in bettercoordination, conviction rate is much lower.Calculation of Conviction Ratecases disposed off by the courts in a calendaryear. Clearly, the focus is on cases ending inconviction, rather than accused persons beingconvicted. Following are a few limitations of thisapproach:(i)Only if one accused is convicted in a case,the whole case is deemed to have resultedin conviction, even though rest of theaccused have been acquitted.At times, accused persons confess after aninformal understanding is reached with thecourt and the Public Prosecutor. Only a mildsentence is imposed in such cases like 'tillrising of the court, etc. Such cases inflatethe conviction rate.Conviction rate takes into account only theoutcome of trial at the first stage i.e.judgement of the trial court. In severalinstances, convicted persons are lateracquitted by the appellate court. Officialconviction rate at present does not reflectdecisions of the appellate courts.There is another important aspect relating toconvictions. A majority of the convictedaccused persons are sentenced to three or lessnumber of years of imprisonment and thereforegranted bail forthwith in accordance withSection 389(3) of the Criminal Procedure Code,1973, which reads as suspension of sentencepending the appeal; release of appellant on bail.Where the convicted person satisfies theCourt by which he is convicted that heintends to present an appeal, the Court shall :where such person, being on bail, issentenced to imprisonment for a term notexceeding three years, orFurther, as the readers would know, convictionrate is calculated on the basis of cases resultingin conviction as a percentage of total number of(ii)where the offence of which such personhas been convicted is a bailable one, andhe is on bail,26 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Conviction Rate : A Reality Checkorder that the convicted person be releasedon bail, unless there are special reasons forrefusing bail, for such period as will affordsufficient time to present the appeal and obtainthe orders of the Appellate Court undersubsection (1), and the sentence ofimprisonment shall, so long as he is soreleased on bail, be deemed to be suspended."Clearly, arrest is the only time when an offenderspends any time behind bars. However, with theamendments in section 41 (2) of CrPC, thesituation is bound to change. Arrests would bemade only in rare cases. The likely outcome ofsuch a legal regime, coupled with inordinatedelays in trials and disposal of appeals, is thatthe accused persons will remain at large (onbail) even after their conviction by the trial court.Cutting a long story short, the officialconviction rate presents a rosy picture andhides many uncomfortable realities. It generatesa false sense of achievement and thus causescomplacency. Further, since emphasis in ourcountry is invariably on crime statistics, thefocus remains on proceedings in the trialcourt. Appeal matters do not receive theattention these deserve because decisions inappeals do not affect statistics. Over the years,officers have developed skills to show goodresults statistically, rather than focus onimproving core aspects of criminalinvestigation and prosecution. As findings inlater paragraphs would show, trial proceedingstake years. Appeals take even longer. Thewhole system appears to be heavily in favourthe guilty.New Conviction RateThe instant study was carried out in one of AntiCorruption branches of CBI on the basis of fiveyear data for the period 1980-1984. For thepurpose of this study, the following two newterms have been defined:-FindingsIt is the accused wise conviction ratepercentage of accused persons (ratherthan cases) convicted by the trial courtout of the total number of persons chargesheeted in a given year.Substantive conviction rate : It is thepercentage of accused persons convictedand actually sent to prison for undergoingsentence (excluding convicted accusedwho are let off on probation, sentenced'till rising of the court' etc.), out of thetotal charge sheeted accused persons.Year wise result of analysis is given in theAnnexure. Gist of findings is as under:-Regular Cases (FIRs) registered: 264Total number of accused persons 698investigated:This included:Public Servants: 486(Central Govt: 484, State Govt: 02)Private Persons : 212Result of Investigation:Number of accused persons 273 (39.11 % ofcharge sheeted: 698)Average time taken tocomplete investigation:13.4 monthsOutcome of Trial of 273 charge sheeted accused:Convicted: 144Acquitted: 78Discharged: 29Accused expired during trial: 06Pending trial: 16It is commonly believedthat with money andmuscle power, one cango scot free even aftercommitting murder.Failure of the system toconvict offenders hascaused a huge dent inits credibility in the eyesof the public.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 27➢

Conviction Rate : A Reality CheckAccused wise conviction rate(144/251×100)= 57.37 %Average time taken indeciding appeals:9 years, 11 monthsAverage time taken for trial:7 years,4 months(Calculated on the basis of 37 appeals whichhave been decided)Break up of 144 convicted persons:Underwent imprisonment: 02Released on probation: 25Convicted till rising of the court: 06Appeals filed: 111Result/status of 111 appeals:Conviction upheld, and accused 01underwent imprisonment:Conviction upheld but accused 05released (already undergone):(These persons actually spent10, 10, 19, 19 and 488 days inJC respectively)Acquitted by appellant court: 18Conviction upheld, but accused filed 05revision in HC:Conviction upheld, but accused 07released on probation:Conviction upheld, but accused 01sentenced 'till rising of the Court':Conviction upheld, but accused 01fined Rs.10,000/- only:Accused expired during appeal: 07Appeals still pending(even after 26 years!): 66CBI filed revision in HC against 03acquittal:As may be seen, out of the 273 charge sheetedaccused persons, only 8 have actually spenttime in prison after conviction. Thus,Substantive Conviction Rate = 8/202×100= 3.96%.(66 appeals and 5 revisions pending in the HChave been excluded from this calculation, astheir outcome is still not known. That is whythe denominator has been taken as 202 = 273minus 71.)Substantive Conviction Rate of less than 4%is a telling commentary on the state of affairsof our judicial system.Out of the 45 appeals decided so far, 18 haveresulted in acquittal. However, significantly, evenout of the 17 convictions which have beenupheld, only one accused was actually sent toprison. The rest were let off on probation,sentenced till rising of the court, alreadyundergone etc. Clearly, there is an element ofarbitrariness in sentencing. Courts have toomuch of discretion. It is this arbitrariness whichbrings down the substantive conviction rate toless than 4%.Quantum of SentenceThe element of arbitrariness in sentencingthe convicted accused persons is notlimited to decisions of the appellate courts.Decisions of the trial courts are equallyafflicted with this malady. To highlight thisfact, quantum of sentence awarded by thetrial court was calculated as a percentage28 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Conviction Rate : A Reality Checkof the maximum punishment prescribed inthe law for the said offence for eachconvicted accused. Annual average is givenin the following table:Table-2: Annual Average of SentenceYear Average quantum of sentenceawarded as % age ofmaximum punishment1980 10.1%1981 16.1%1982 17.28%1983 09.0%1984 04.05%Overall 12.86%Thus, on an average, a convicted accused wassentenced to undergo only 12.86% of themaximum sentence prescribed for the offencefor which he was convicted. This shows thatcourts take an extremely lenient view. It almostamounts to negating the objects in furtheranceof which the law was enacted in the first place.It is pertinent to mention that while calculatingthe figures given in the above table, theactual sentence awarded to the convictedaccused has been compared with the maximumpunishment prescribed for the most severeoffence for which he was convicted. Forexample, if an accused was convicted onthree counts, the maximum punishmentprescribed for the most severe offence wastaken as the denominator. Courts in Indiagenerally sentence convicted accused personsto undergo sentences concurrently. However,as per section 31 Cr. PC, the court maysentence an accused to undergo imprisonmenton each count consecutively i.e. one afterthe other. If the figures in the above tableare recalculated on the basis of this permissiblemaximum i.e. sum total of maximum prescribedpunishment for each offence, the results willbe even more disappointing.Justice Delayed is Justice DeniedAs already reported above :Average time taken ininvestigation:13.4 monthsAverage time taken in trial: 7 years4 monthsAverage time takenin deciding appeal:9 years11 monthsThe Sixty Six appeals are still pending.Average time taken in deciding appeals hasbeen calculated on the basis of only 37appeals which have been decided so far.Once the remaining appeals are also decidedand reflected in the calculations, the averagetime taken in deciding appeals is likely togo up further.The above figures show that trial andappeals together have taken 17 years onan average which is more than 15 timesthe time taken during investigation. In thepolice, delays in investigation are viewedseriously. Taking longer than a few monthsto complete investigation is considered asa professional sin. However, the abovefigures clearly show that investigation takesfar less time than trial and appeals. Evenif time taken to complete investigation ishalved, it will not make any significant dentin the overall time taken by the judicialprocess. Moral of the story (for CSI topbrass) is: Focus on quality of investigation,rather than emphasizing on statisticswhich has no impact on the groundsituation !The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 29➢

Conviction Rate : A Reality CheckFrom the above figures, it becomes clearthat, on an average, a case instituted inthe year 1980 was sent up for trial in1981, trial proceedings were completedon an average in the year 1988 and appealsfiled by the accused persons were decidedin the year 1998. And then came the revisions.All eight revisions, 5 filed by the accusedand 3 by the State, are still pending inthe High Court. Not even one has beendecided so far.There is another way of looking at thesefigures. Data pertains to the year 1980to 1984. The mean year is 1982. Thus,on an average, cases are already 26years old. Even if, it is presumed thatthe age of an accused public servantwas only 35 years when FIR was registeredagainst him, he would have retired bynow !In all, two convicted accused personsunderwent prison sentence after the trialcourt verdict. One more did so afterthe appellate court upheld the sentence,However, the above figures regardingtime taken at various stages would showthat had these three gentlemen decidedto contest the judgement of the trialcourt or the appellate court, as the casemay be, and filed appeals/revisions, thesame would not have been decided eventill date i.e. year 2008. This shows thateven 26 years are NOT enough for lawto complete its course. It appears thatpeople who actually undergo sentencesare those who get tired out in the legalbattle or lack the resources to fight(or are simply FOOLS !)Does Section 389(3) Cr.P.C. Influencesentencing?Following table shows sentence-wise breakup of convictions:-Table-3: Sentencewise Breakup of ConvictionYear No. of Sentenced Sentencedconvicted to 3 years to moreaccused or less than 3years.1980 19 19 Nil1981 34 29 051982 33 22 091983 40 36 041984 18 16 02Total: 144 122 20Only 20 of the 144 convicted accused weresentenced to more than 3 years, which is ameager 13.89% of the total. This suggests thatCourts apparently do keep Section 389(3) Cr.P.Cin mind while awarding sentences. This factfurther highlights the need for formulatingsentencing guidelines.Implications of such leniency are very serious.Accused knows that more than 85% (17 out of 20)chances are that he will not have to spend timein jail even if convicted and then will also have theluxury of filing· appeal, followed by revision andfollowed by another appeal and so on, till he diesor gets too old for the court to impose anymeaningful sentence. The more he prolongs the trial,more are the chances of success !Judiciary often holds poor investigation as themother of all ills, including low convictionrate. However, in the 144 instances when theaccused were convicted by the trial court,nothing stopped the courts from awardingexemplary penalties. Instead, only 2030 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Conviction Rate : A Reality Checkconvicted accused were awarded more than3 years. Besides, 100% of the accusedpersons who were convicted on multiplecounts, were sentenced to undergoimprisonment concurrently. Not one wassentenced to undergo the sentencesconsecutively. A plain reading of section 31Cr.PC reveals that consecutive sentencesshould be the norm. However, one rarelycomes across cases when accused issentenced consecutively. The present study isno exception. This fact further underlines theneed for strict sentencing guidelines. Theelement of huge discretion which courts enjoypresently should be taken away. All developedcountries have evolved sentencing guidelines.The effect is that even the accused knowsthe likely sentence right in the beginning ofcriminal proceedings. As a result, many ofthem go for plea bargaining.ConclusionJudicial processes (trial, appeals, revisions)in India are ritualistic and absolutely tardy.The whole process practically outlives theaccused.There are too many layers of decisionmaking - trial, first appeal, revision, secondappeal and so on.The accused has nothing to loose byprolonging trial and post-trial process (andrather gains by the delay).Quantum of punishment is meagre.Certainty of punishment is missing.As a consequence, compliance levels in thesociety are low. There is no fear of law.All this unmistakably points to one fact : Theexisting judicial system in India is designedto fail !!Judicial officers often cite resource constraints(poor judge to population ratio, etc.) as areason for poor performance of the judicialsystem. However, this is not tenable. Reason:A system needs to be designed keeping inmind the resources (and not the other wayround!).Issues for Consideration Post-trial proceedings take too long andnegate the very object of the criminal justicesystem. There is a case for limiting numberof appeals/revisions allowed to a convictedaccused to just two. At present, accused has nothing to loose byfiling appeal after appeal. There is nothingin the system to punish frivolous appeals. Aprovision may be made in law that in casethe appeal is dismissed, quantum ofpunishment would be raised. This willdiscourage frivolous appeals. Once the appeal of a convicted accusedis dismissed, he should logically get anopportunity to file appeal in a higher court.However, the study has shown that 5convicted accused persons, whoseconviction was upheld by the appellatecourt have filed revision in the High Court.In 3 instances, even the state has filedrevisions. Section 397 Cr.PC needs to beamended in a manner that revision doesnot lie on the issue of sentencing. Theword 'sentencing' should be deleted fromthis provision. The next important issue is the need toevolve sentencing guidelines. Presently, thereis a huge discretion in sentencing whichneeds to be curbed. Efficacy of any criminaljustice system is governed by the followingthree factors:Quantum of punishmentCertainty of punishmentSpeedy decisionThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 31➢

Conviction Rate : A Reality CheckA well defined sentencing policy can ensurethe first two, once the accused is convicted.This also brings us to an important issue. What isthe best parameter to define/ascertain the efficacyof a criminal justice system? As stated above, thethree most important factors that most closelydetermine the effectiveness of a criminal justicesystem are time taken to complete the proceedings,quantum of punishment and certainty of punishment.A weighted average of the three would, therefore,be the best parameter for determining howeffective a system is. These three, in turn, may bemeasured in terms of time taken to complete trialand dispose of any resultant appeals/revisions,quantum of sentence as a percentage of maximumpunishment for all the offences for which a person isprosecuted and number of eligible offenders optingfor plea bargaining respectively.There is a strong case for setting up separate fulltime appellant courts. Presently, Judges in the HighCourts and Supreme Court deal with mix of allmatters including appeals. Current matters receivepriority and appeals are taken up only if time permits.Separate full time courts will bring down thependency considerably. After all, no new evidenceis adduced at the stage of appeal. Only the caserecord of the trial court is examined. In the CBI,judgments are scrutinized at multiple levels (PP, SP,DLA, DIG, JD & HO) in a short span of 90 days fordeciding whether to file an appeal or not. Scrutiny ateach level does not take more than one day and ismore of an academic exercise. It should be possibleto easily outsource this job in a manner that chancesof unfair decisions are also ruled out. Panel of retiredJudges can be constituted and assigned appeals tobe decided on the same day. This will ensure speedydisposal and fair play.Special IssuesIn all police organisations, old records are weededout at regular intervals. In the CBI, case files areweeded out 5 years after closure of the file i.e. afterthe matter is allowed to rest. Considerable difficultywas faced while compiling data in the instant studybecause records of several cases have beendestroyed. According to author, case files contain awealth of data. Lot of research can be done on thebasis of this data for betterment of the criminal justicesystem. It is, therefore, strictly recommended that acopy of the FIR, FRs, comments of senior officers,case diaries, charge sheet and judgments of thetrial court and appellant courts should be preservedin the form of a folder and kept in the unit library.Although, space is not a very big consideration, yetif it is felt otherwise, we may retain only soft copies.Archiving needs to be put in place in policeorganisations.There is too much focus on deadlines and crimestatistics in police. Please remember: as the abovefindings clearly show, investigation takes less than10% of the total time in the criminal proceedings.Therefore, police hierarchy should stop worryingabout over 2 years, over 1 year and over 6 month oldcases. Instead, focus should shift to the quality ofinvestigation.Police top brass, especially in the CBI, is too busy inday-to-day operations. They hardly play any role inthe improvement of the criminal justice system. Assenior police officers, it is our duty to work closelywith policy makers (law makers, Law Ministry, LawCommission etc.) and make concrete suggestionsto get the laws amended. Nobody is closer to groundrealities than us. We just have to lift our head andlook around.Let us stop worrying about crime statistics for achange !A word of caution here. The objective of thestudy was to bring out the stark realities/maladiesafflicting the criminal justice system as a wholeand to draw attention to the urgent need forimproving the basics of criminal investigationand prosecution. The fact that the data pertainsto a particular branch of the CBI is a merecoincidence. The results are not expected to bemuch different had it been from any otherinvestigating agency, namely, the state police oreven a non-police agency. Further, as the data32 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Conviction Rate : A Reality Checkpertained to an Anti Corruption Branch of CBIsituated in a particular state, the above mentionedfindings/recommendations relate more to anticorruption work in that State. Even thoughsituation in other states is not likely to be verydifferent, it is recommended to carry out similarstudies and arrive at conclusions applicable tothe whole country.AcknowledgementShri Mukesh Bansal, Sub Inspector providedinvaluable assistance in collecting data for this study.He was ably assisted by Shri Ranjeet Meena,Inspector; Shri Ravi Banawat, Sub Inspector andShri U.K.Sharma, Sub Inspector, all from the CBI.Thank them for their assistance.AnnexureYear-Wise Result Of AnalysisYear 1980In the year 1980, the branch registered a total of 32Regular Cases. The result of investigation, trial,appeals and revisions is as under :-Result of Investigation :Total number of accused 86 (Public Servants:persons investigated: 69, Private Persons:17)Number of accused 27 (31%)persons charge sheeted:Average time taken in 10.6 monthsinvestigation:Result of Trial of 27 charge sheeted accused:Acquittals: 8Convictions: 19Average time taken for trial: 6 years8 monthsAccused wise conviction rate: 19/27 × 100= 70.37 %Break up of 19 convicted persons:Released on probation: 03Underwent imprisonment:NilAppeal filed: 16Result of appeal:Accused expired during pendency 02of appeal:Acquitted by appellant court: 05Conviction upheld and accused 04released on probation:Appeals still pending: 03Conviction upheld but accused 02filed revision in HC (still pending):Average time taken in deciding appeal: 12years 9months(calculated on the basis of 10 appeals which havebeen decided)Year 1981In the year 1981, the branch registered a total of 50Regular Cases. The result of investigation, trial,appeals and revisions is as under:-Result of Investigation:Total number of accused 135 (Publicpersons investigated: Servants: 89,Private Persons: 46).Number of accused 70 (51.85%)persons charge sheeted:Average time taken in 14 monthsinvestigation:Result of Trial of 70 charge sheeted:Accused expired during trial: 01Acquitted: 19Discharged: 06Convicted: 34Pending trial: 10Average time taken for trial: 7 years 10monthsAccused wise conviction rate: 34/59 x100=57.62 %Break up of 34 convicted persons:Released on probation: 01Underwent imprisonment: 01Appeal filed: 32The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 33➢

Conviction Rate : A Reality CheckResult of appeal:Accused expired during pendency 02of appeal:Acquitted by appellant court: 06Conviction upheld and accused Nilunderwent imprisonment:Appeals still pending: 24Average time taken in deciding 7 yearsappeal:8 months(calculated on the basis of 6 appeals which havebeen decided)Year 1982Regular Cases registered: 61Result of Investigation:Total number of accusedpersons investigated:171 (PublicServants: 108,Private Persons: 63).Number of accused persons 69 (40.35%)charge sheeted:Average time taken in18½ monthsinvestigation:Result of Trial of 69 charge sheeted accused:Accused expired during trial: 04Acquitted: 18Discharged: 10Convicted: 33Pending trial: 04Average time taken for trial: 7 years 11 monthsAccused wise conviction rate: 33/61 × 100 =54.1%Break up of 33 convicted persons:Released on probation: 03Convicted till rising of the court: 01Underwent imprisonment:NilAppeal filed: 29Result of appeal:Conviction upheld but accused 01released (already undergone):Conviction upheld and accused 03released on probation:Accused sentenced till rising of 01the Court:Imposed fine:Acquitted by appellant court:01 (Rs.10,000/-)Nil(so far)Appeals still pending: 23Average time taken in decidingappeal:12 years10 months(calculated on the basis of 6 appeals which havebeen decided)Year 1983Regular Cases registered: 61Result of Investigation:Total number of accused 133 (Publicpersons investigated: Servants: 87,Private Persons: 45).Number of accused persons 56 (42.1 %)charge sheeted:Average time taken ininvestigation:12 monthsResult of Trial of 56 charge sheeted accused:Accused expired during trial: 01Acquitted: 12Discharged: 01Convicted: 40Pending trial: 02Average time taken for trial:5 years 6 monthsAccused wise conviction rate: 40/53 × 100 =75.47 %Break up of 40 convicted persons:Released on probation: 1434 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Conviction Rate : A Reality CheckConvicted till rising of the court: 02Underwent imprisonment: 01Appeal filed: 23Result of appeal:Accused expired during pendency 02of appeal:Conviction upheld but accused 03released (already undergone):(accused had spent only 10, 10 and 19 days only!)Conviction upheld, but accused 03filed further revision in HC:Acquitted by appellant court: 03Appeals still pending: 12Average time taken in decidingappeal:10 years5 months(calculated on the basis of 9 appeals which havebeen decided)Year 1984Regular Cases registered: 60Result of Investigation:Total number of accused 173 (Publicpersons investigated: Servants: 132,Private Persons: 41).Number of accused persons 51 (29.48%)charge sheeted:Average time taken ininvestigation:13.5 monthsResult of Trial of 51 charge sheeted accused:Acquitted: 21Discharged: 12Convicted: 18Average time taken for trial:8 years 2 monthsAccused wise conviction rate: 18/51 × 100 =35.29 %Break up of 18 convicted persons:Released on probation: 04Convicted till rising of the court: 03Underwent imprisonment:NilAppeal filed: 11Result of appeal:Accused expired during pendency 01of appeal:Conviction upheld but accused 01released (already undergone):(accused had spent 19 days only!)Conviction upheld, and accused 01underwent imprisonment:Acquitted by appellant court: 04Appeals still pending: 04CBI filed revision in HC against 03acquittal:Average time taken in decidingappeal:3 years8.5 months(Calculated on the basis of 6 appeals which havebeen decided)The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 35➢

Key WordsCell Tower,Radiation, Antenna,Fundamental Rights,Micro-frequency,Handset,Dumbness,Epilepsy,Palpitations,Bye-laws.*Kanika Gaur, Advocate,Distt. Court, ShimlaCell Tower Radiation HazardNeed for Legislative InterventionWhat are Radiations 1 ?Cell Towers, Base Stations, Antennas, Masts andHubs are erected generally near residential areasin India which emit Electromagnetic Radiations. TheElectromagnetic Radiations (EMR) are theradiations with Electric and Magnetic properties.These do not require any material medium forpropagation 2 . Cell towers emit EMR of Radio andMicro frequency. These radiations are placed in thelowest ranks in Electromagnetic spectrum, as theyhave low frequency range (major reason for it beingconsidered harmful) but high levels of theseradiations can heat biological tissues and canpotentially cause tissue damage. These can alsointerfere with the electrolytes and ions, thus,weakening the bodies self repair and healingprocesses. As a general rule "Every kind offrequency combination which is not in orderproduce diseases 3 ".How do Cell Towers Communicate withHandsets 4 ?The cell phone technology works on the principle oftwo-way radiation technology. Both the handset aswell as the Cell Towers emit RF radiation. There areprimarily two types of Cellular Microwave Antenna :one, is stick/pencil antenna and the other a largerantenna or hub antenna.The stick or pencil antennas cover a limited range,whereas, a hub or base station antennas receiveand send frequency waves to and fro from all thestick/ pencil antennas in a given geographical area,i.e., in a given geographical area one hub/baseKanika Gaur*station communicate with several stick pencilantennas. The radio frequency signal emitted by acell phone is picked up by the nearest stick/pencilantenna, which in turn transmits that signal to thenearest hub or another stick antenna and from thathub to another stick antenna closest to the receivingcellular mobile phone handset.The Mechanism:Is it a Certified Danger 5 ?1 A textbook of Physics (NCERT) Class XI2 ARPANSA3 Wikipedia4 www.karamjyot.pil.doc 5 www.oem.bmj.comIn a cross-sectional study of randomly selectedinhabitants living in urban and rural areas for morethan one year near to 10 selected base stations,365 subjects were investigated. Several cognitivetests were performed, and well-being and sleepquality were assessed. Total HF-EMF and exposurerelated to mobile telecommunication were far belowrecommended levels (max 4.1 mW/m2). Distancefrom antenna was 24-600 m in rural area (0.05mW/m2) than in urban area (0.02 mW/m2). Despitethe influence of confounding variables, includingfear of adverse effects from exposure to HF-EMFfrom base station, there was a significant relation of36 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Cell Tower Radiation Hazard: Need for Legislative Interventionsome symptoms to measured power density, thiswas the highest for headaches. Perceptual speedincreased, with increasing exposure levels. Therewas no significant effect on sleep quality.The conclusion was that despite very low exposureto HF-EMF, effect on performance and well-beingcannot be ruled out, as shown by recently obtainedexperimental results.Prof. Smith of Salfor University in England,discovered that "favourable information" isabsorbed by the body very quickly. Whereasunfavourable information such as chaotic EMF's,Microwaves and Radio Waves is blocked forsome time, i.e., for ten to fifteen seconds andmay only cause damage after having sufficientexternal pathogenic factors over which weprimarily do not have any influence. Amongstthese contaminates are some heavy metals fromwhich we have radioactivity and microwavepollution. The body doesnot become illinstantaneously, but persons get ailmentssubsequently as the body defence mechanismhas been weakened by radiation.Are Humans Only Target Species 6 ?A study conducted by three departments of PunjabUniversity has found that cell phone towers are theprimary source of EMR in the environment in thecity and this could lead to disease in plants andanimals. It was found that there are 199 mobiletowers in 52 sectors and industrial areas in city, outof these, 74% are present in southern sectors andremaining in northern ones. The measurement ofradiations was done at 100 mtrs, 200 mtrs and 300mtrs with the help of RF field strength meter at heightsground, 4 feet and 5-6 feet level. Dr. Kohli says thatthe EMR generates heat. Due to this, the microbspresent in foil near it would be killed. This in turnharms these organisms, which feed on them. Itdisturbs the ecological cycle. The towerscontinuously emit radiations even when nobody isusing a cell phone. They are continuous and moredangerous at close quarters.6 www.citiesexpressindia.comList of Health Hazards 7Following are health hazards of Cell TowerRadiation : FatigueFeverIrritabilityDepressionHeadachesParalysisNauseaPsychosisLoss of appetitePalpitationsSleep disruptionSlow or fast heartPsychological rateMemory loss disorders SinusitisDifficulty in breathing BronchitisSkin allergies concentration PneumoniaEczemaAsthmaTumorsPain in eyesDumbnessGenetic defectsMuscle & Joint paints CancerLeg/Foot pain "Flue like" EpilepsySymptomsAlzheimerdisease.What Rights are Infringed?Art 14 of Constitution of India declares that the stateshall not deny to any person equality before the law orthe equal protection of laws within the territory ofIndia 8 . It states that everyone is equal before law, thatno one can claim special treatment and that all classesare equally subjected to the ordinary law of the land.So, the legislature should take stern action againstthe cell phone companies, which repeatedly violatethe guidelines of Standing Advisory Committee onFrequency Allocation (apex body for setting out radialdistance and height of Towers/Hubs/Masts). The lawin US prohibits 9 the installation of tower in residentialareas but there is no such law in India (However, UTof Chandigarh has made slight progress in this aspectin 2007). Under this law of UT of Chandigarh, a townzonal board would not allow a cellular phone towerin residential area.Article 21 of Constitution of India says that no personshall be deprived of his life or personal liberty exceptaccording to a procedure established by law. Safetyof life and liberty of people are two most essential7 www.karamjyot.pil.doc8 Constitution of India9 www.feb.se (as posted on 2001)AbstractIt is generally anenlightening outcomewhen you write on anissue which is taggedas 'Superfluous Paranoia'and the issue inquestion was just thatkind of genre. Whatirked the author mostwas that amidst all thebye-laws manning thesafeguards regardingthe installation of celltowers on buildings,most of the personalinjury suits are given infavour of radiationaffected residents, evenso that myriad mentionof radiation hazard ofhandsets; a more graveissue of cell towerThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 37➢

Cell Tower Radiation Hazard: Need for Legislative Interventionradiation hazard hasescaped the attentionof major blocks. Thereis no unitary policy orseparate department inthe central or stateGovernment until now,which could regulateand check the radiationpollution caused byCell towers, Basestations, Antennas,Masts and Hubs.However, the issue is indirect conflict with theFundamental Rightsenvisaged in ourConstitution. Thispaper attempts toexamine hazards of CellTower Radiation inrelation to law andpolicy.Fig.1 Unexposed control Bundle ofDNA (No Tail)Fig.2 X-ray Calibration 25.6 rads.DNA breaks are very ObviousFig.3 Cell Phone level microwave exposure 2hrs2.45GHz reaching so called safe SAR levelscomet Tail - DNA Damage(Photo credit - www.rfsafe.com)things in a civilized society. The radiation hazardsclearly infringe the fundamental right of a citizen tolive or spend a healthy life. The state has to protectthe interest of the citizen. Art 21 clearly lays downthat 'Life' is something more than mere existence.Art 21 also includes right to Health, as the SupremeCourt has held that a healthy body is foundation ofall human activities. So, in a welfare state, it is theobligation of the state to secure the creation and thesustaining of conditions congenial to good health.Our constitutional provisions and Law of Torts alsoprotect a person right to fresh air, clean water andpollution- free environment. The prime obligation ofstate is to protect the environment and ecology. Thelegislature is not making a codified effort on theissue, it is clearly infringing the principle of NaturalJustice & Fairness.Judicial Intervention : Too Little, toolate ?Courts world over have given many remedies infavour of aggrieved people due to radiationemission 10 .Indian Judiciary declared its concern in 2001 11 ,when it ordered dismantling of a cell tower on'Health Grounds'. In September 2001, Bharti CellularLimited, one of industry's top service provider,approached the governing body of a 20 storiedresidential building" and converted the building intoa hub station for entire south Mumbai. Trouble arosewhen people residing on the top floor of the buildingsrealized that they are continuously exposed to RFwaves. The resident filed a petition on 'HealthGrounds'. The court gave primary attention to healthissue in its judgement and categorically stated thatlikelihood of health implications, based on scientificevidence was reason enough for the matter to betaken up.In a Public Interest Litigation (PIL) 12 filed by an NGOKarmjyot, the Supreme Court in 2006, soughtresponses from the centre and the telecomdepartment describing the communication towers as10 wikipedia11 www. cseindia.org12 www.timesofindia.indiatimes.com38 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Cell Tower Radiation Hazard: Need for Legislative Interventionhealth hazard. A bench comprising Chief Justice YKSabbarwal and Justice CK Thapper and RV Ravendranissued notices to ministries and stated that there areno lucid Government guidelines on issue.ConclusionThe legislative intervention on Radiation Emissionis desperate solution to the unchecked emissionproblem. Prior to that massive research,development and survey must be conducted sothat the actual deficiencies could be detected andhence a sound policy can be framed. Theprospective policy must also fix the maximum limitfor Radiation Emission depending on variousvariables. The reports of Radiation Emission fromvarious towers should be monitored and checkedby a specialized agency and the towers must beshared by telecommunication companies so thatthe environmental and cosmetic impact could bedecreased. The height of the tower, the survey ofcondition of Building (on which tower has to beinstalled), the distance of the tower from residentialareas, the safety standards, all these must becategorically included in the policy, so that there isa clear unitary approach towards it. The variousbye-laws and few case laws are bulky, andcomplicating the Judicial and Legislative action.The National policy would be a Central Idea to themost modem problem of our times or else it is adanger from which we have literally nowhere tohide.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 39➢

Key WordsLorazepam, HPLC,TLC, GC-MS,Viscera.SSO (Chem. &Toxicology Division)Tripura State Forensic Laboratory** Government Degree College,Belonia, Govt. of TripuraCase HistoryDetection of Lorazepam fromHuman Viscera by a newHPLC techniqueIn one case, a college going lady developed alove relation with a boy from a mediocre family.Soon there developed a deep relation betweenthem. Then arrived the third person with acomparatively better economic condition. Thelady felt attracted towards the new fellow andgradually started to ignore her first lover. Situationgrew worse. One day the first fellow somehowconvinced the lady and together they went to afar off place. In the meantime, the parents of thedeceased lodged a missing report in the nearbypolice station. The next day they came to knowabout the recovery of the dead body of theirdaughter. The first lover had arranged a plot tokill her to take revenge. He added a high dose ofsedative / tranquilizer and fed her in food. Soonthe lady died. The first fellow was assisted bytwo of his friends in the whole operation. Alongwith the lady the boy also took some sedativesand tried to commit suicide. But he narrowlyescaped probably due to low dose compared tohis body weight. He was admitted to hospital andafter recovery he was taken to police custodyalong with his allies.The case was referred to this forensic laboratoryalong with samples seized from scene of crime andother biological samples, collected from thedeceased and accused.SamplesThe local police station took up the case soon afterthey came to know about the incidence. From thescene of crime they collected the following items :S. K. Chakrabarti*, A. Debnath & A. Bhattacharjee**Four strips of tablets of TRAPEX-2, each strip often tablets, thirty nine tablets were missing andonly one strip had one tablet remaining(Photo No-1).Photo no-1: Strips of tablets seizedOne small plastic container containing traces ofsome white colored powder in it.Two half filled bottles of 'Sprite' (aerated colddrinks) of 500ml capacity.One steel glass said to contain of tea, but foundno stain in it (Photo No-2).Photo no-2: Medicine strips,steel glass & aerated drinks40 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Detection of Lorazepam from Human Viscera by a new HPLC techniqueFive plastic bottles with red cap said to containa) uterus, b) spleen, c) stomach with its content,d) part of liver with gallbladder, e) 2cc bloodsample, f) part of intestine all collected from thedeceased.Five small bottles with rubber cap said to containdry vaginal swab of deceased, wet vaginal swabof the deceased, blood sample of the accusedand spit (saliva) of the accused. One yellow colored maxi (night wearing apparelof the deceased).Experimental SectionThe exhibits were referred to this laboratory with aview to establish the link up of the items collectedfrom the scene of crime with the crime. Exhibit slno- 1 i.e. the tablets were referred to know whetherthis are actually any drug which may cause deathif taken in large quantity and to know/confirmwhether drug was available in the viscera andstomach content of the deceased. The exhibit sl.no- 2, which was found to contain traces of whitepowder, was sent to ascertain whether the sameitem was dangerous to human life. The exhibit sl.no-3 i.e., the aerated cold drinks bottle which werefound to contain some quantity of liquid was sentto ascertain whether any drug/poisonous substancepresent in it or not, if so the name of the drug/poison. Exhibit sl.no. - 4 the steel glass as per thecase story was used to feed some liquid food/drinksto kill the victim and it was necessary to knowwhether such actually happened or not. Exhibit sl.no.-5 the viscera samples were referred to knowwhether any drug /poison that may cause deathand weather the poison /drug present in them hadany similarity with that of any of the items detectedin the exhibit no.1 to 4.Exhibit sl. no-6 the vaginal swab, saliva ofdeceased and accused respectively were referredto know whether any spermatozoa present andwhether the later has any match with that of theaccused saliva, etc. Exhibit sl. no- 7 was found toknow whether any spermatozoa present or not.The vaginal swabs, saliva, etc. were referred tothe Bio/Ser division of this laboratory to satisfythe queries, as such parameters are not examinedin the Toxicology division.The rest exhibits i.e., serial no 1 to 4 and all the vialscontaining viscera samples were taken up forchemical examination in the Toxicology division. Chemical examination: The lone tablet of Trapexremaining in the strip was taken, crushed andextracted with methanol. Also the trace quantity ofthe white powder present in the plastic containerwas extracted with methanol. Initial screening tests(colour test) were performed to have somepreliminary idea about the nature of the activeingredients present in the same. The chemical testrevealed the presence of the benzodiazepines inthem. Instrumental studies I: R fvalue of the exhibitwas found to match with that of standard lorazepamby TLC studies (Photograph no- 3).Photo no-3: TLC of exhibit Sl. no. (1),std lorazepam and viscera extractTLC system: (I) Chloroform: Acetone :: 4:1 and (II)Chloroform: methanol:: 9 :1Visualization under UV 254 nm and spray reagent -acidified potassium iodo- platinate.Due to non-availability of the standard lorazepamin this laboratory proprietary medicine namely'Ativan 5' were purchased. The said tablets weresuitably extracted, purified and standardlorazepam collected. The FTIR (Model SpectrumBX II, make Perkin Elmer) study of the saidstandard collected confirmed the presence oflorazepam. (FTIR spectra no - 1). The FTIR studyof the extract of exhibit no-1 & 2 confirmed theAbstractThe present paperdescribes themethodology applied toidentify lorazepam, abenzodiazepinederivative used in acase to kill a lady totake revenge ofbetrayal.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 41➢

Detection of Lorazepam from Human Viscera by a new HPLC technique(b) 1% DPA in acetone followed by exposure to UVfor Organochloro and(c) Tollens reagent and heat at 1100C for 05 minutesfor Carbamates.Along withconventionaltechniques/methodsadopted forexamination of thecase, a nonconventionalmobilephase was used inHPLC, which has beensuccessfully applied.FTIR spectra No-1(FTIR spectra of standard Lorazepam)FTIR spectra No-2[Overlay spectra of standard Lorazepam(black) andextract of trapex tablets (red).]exhibits to contain lorazepam as the activeingredient (FTIR spectra no- 2). The main objectiveof the examination was now focused on theexamination of the viscera to know whether anydrugs/poison was present in them. Some part ofthe stomach with its contents, small intestine with itcontents and liver gall bladder, etc. was extractedwith n-Hexane. The TLC was done with the n-hexaneextract along with a known standard to detect thepresence of common poisons like Organochloro,Organophosphorous and Carbamates group ofpesticides, if any.TLC System: Hexane : Acetone :: 9: 1,Visualisation under UV 254 nmSpray reagents(a) Palladium chloride for Organophosphorous,Observation of TLC Studies: No spot or streak norany colour development corresponding to thestandard pesticide. Thus, the presence of pesticidethat might be the plausible cause of death in thiscase is ruled out.The other parts of the viscera samples weresubjected to stepwise extraction for the presenceof drugs. The samples were added acetic acid andsaturated Ammonium Sulphate and heated at 60-70oc in a water for about six hrs and filtered afterfollowing other standard procedures. The filtrateextracted with Di-ethyl ether, which is the acidicextract, liquid part, made basic by adding ammoniaand extracted with chloroform, which is the basicextract. The concentrated extract was taken andinitially done TLC for screening the class of drugsthat might be present in them.TLC system: (I) Chloroform: Acetone :: 4:1(II) Chloroform: methanol:: 9 :1Visualisation under UV 254 nmSpray reagent- Acidified Potassium Iodo-Platinate for acid extractDraggendorf's reagent forbasic extract.The acidic extract of the viscera revealed thepresence of a benzodiazepine the Rf value wasalmost similar to that of lorazepam.Instrumental studies II- The samples were scrappedout after a preparative TLC and filtered by MilliporeMilex -HV Nylon 0.45um filter discs to remove thepresence of foreign particles, if any. Initially, it wasproposed to analyse the samples with GC-MS butliterature studies reveal that lorazepam is notthermally stable and a number of investigations haveshown that under gas chromatographic conditions42 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Detection of Lorazepam from Human Viscera by a new HPLC techniquelorazepam can loose a water molecule and rearrangeto form 6-chloro-4-(2'-chlorophenyl quinazoline)-2-carboxaldehyde. Consequently, in a gaschromatographic procedure where lorazepam isinjected directly this rearrangement must beconsidered. Another consideration is that in metabolicstudies the major metabolite is excreted as theglucorunide and preliminary enzymatic incubationis employed. However such problems can beremoved by conversion of lorazepam to itsbenzophenone derivative prior to injection.In this case the problem of metabolite disintegrationwas not important as the TLC studies gaveindications of the presence of the benzodiazepineand the identification of the said particular drug couldprovide a vital clue to the investigating agencies.The case history and Post Mortem report indicatesthat the deceased died within a short while afterconsumption of the drug, probably due to its overdoseand the stomach contents found with some whitegranular sediment were sent for examination. Andin spite of all precautions some amount of fatmaterials mixed with scrapings may give rise toconfusing results as well as may cause damage tothe capillary column.The best suitable alternative was to identify the drugby the High Performance Liquid Chromatography(HPLC) technique. As there was no involvement ofelevated temperature in this technique, thepossibility of the disintegration of the drug can beruled out. From the studies it was revealed that themobile phase for a reverse phase technique of theHPLC was Methanol: Water: Phosphate Buffer(0.1M)at two different v/v/v concentrations and pH 7.25/7.67 (DFS Working Manual, 2005). But due to nonavailability of the buffer and its delay in procurement,during the search for alternative mobile phase it wasfound that benzodiazepines like lorazepam could beanalyzed by HPLC and separated from its degradationproducts by eluent consisting of acidic aqueousacetonitrile on a reverse phase column. The sampleswere analyzed by HPLC with the following analyticalparameters :HPLC methodologyMobile phase : Acetonitrile: Water (70:30) madeslightly acidic,Column - C 18, 5μm, 4.6x150mm, Waters,Pump mode - Isocratic, Flow rate - 1 ml/min,Wave length - 240 nm, Detector - Waters 2487 DualAbsorbance DetectorPump - Waters 1525 Binary HPLC pumpData mode - Absorbance A (Channel-1)Run time - 12 minutesInitially, the standard Lorazepam was injected andinjections were made with different conc. to confirmthe presence of the compound and check therepeatability of the retention time. The retention timewas observed to be 2.353 minutes (HPLCchromatogram no-1). Following was injected theunknown samples, first the extract of the remainingHPLC chromatogram No.-1(HPLC chromatogram of standard Lorazepam)tablet, remaining traces of white powder and lastlythe viscera extract. Repeated injections were madewith varying conc. except for the viscera extract.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 43➢

Detection of Lorazepam from Human Viscera by a new HPLC techniqueHPLC chromatogram No-2[Overlay of HPLC chromatograms of std.Lorazepam (blue), Trapex tablet(red) and visceraextract(green)].ResultsThe TLC findings (Photo no- 3) confirmed thepresence of the benzopdiazepines in the exhibits.The IR spectra confirmed the presence of lorazepamin the 'trapex' tablets. All the samples under the sameanalytical results gave a sharp peak at almost sameretention time, which matches with the retention timeof the standard lorazepam. An overlay of thechromatograms (HPLC chromatogram no. 2)confirms the presence of lorazepam in the stomachcontents, extract of trapex tablets and in the vialcontaining some powdery substances. The exhibitssent to Biology/Serology division tested negativefor the presence of any spermatozoa in them andalso there was no match of the accused’s saliva inany of the exhibits.DiscussionThe conventional techniques of detection of suchdrug is the use of Gas Chromatograph coupled withMass spectrophotometer (GC-MS). But lorazepamwas likely to loose a water molecule under GC-MSoperating conditions. The qualitative identificationof the original compound was more important fromthe forensic and legal point of view. The usualrecommended HPLC techniques employs the useof an isocratic run with buffer based mobile phase.The buffer is used to cope with the size of anyinjected sample as otherwise tailing peaks canarise due to change in ionic form duringchromatography. However, in this case it wasdecided to run the HPLC with Acetonitrile: Water(in reduced pH). The chromatographs did not showany tailing effect. The chromatographs in reducedpH shows an increase in retention, the pH and thepKa of the drug are important since the non-ionizedspecies shows greater retention. The results wereconclusive and it proved that the viscera extractcontained drug namely lorazepam, which was theactive constituent of Trapex. As there were no othersources available, the deceased died due to theoverdose of the said drug, which was from the'trapex' tablet. The absence of any drug in theaerated cold drinks or in the steel glass, it couldnot be concluded as to what was the food throughwhich it was administered.ConclusionsLorazepam, the active ingredient of trapex tabletsis a benzodiazepine group of drug with short tomedium duration of action. It has all the fiveintrinsic benzodiazepine affects namely anxiolytic,sedative, hypnotic, anticonvulsant and musclereluctant to different extent. Since its introductionin 1971, it has been used as powerful anxiolyticand its principal use has been for treating anxietyand related disorders like irrational behavior.However due to the addictive potential ofbenzodiazepines, this group of compounds fallunder the controlled psychotropic substances actand it is available to patients /users only undermedical supervision with recommendation fromappropriate authority. The boy who used thecompound namely Lorazepam to take revengesimply could not collect the same. According tosources, the accused took a xerox copy of theprescription from one of his kin who wasundergoing treatment for mental disorder andcollected the same drug from different retaildealers. In this way he accumulated aconsiderable quantity, enough to kill some onewith its overdose.44 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Detection of Lorazepam from Human Viscera by a new HPLC techniqueAcknowledgementThe authors are thankful to L. Loganathan, Director,State FSL, Tripura for kind encouragement andnecessary support in preparation of this paper.ReferencesWorking Procedure Manual on Narcotic Drugs andPsychotropic Substances, 2005, Directorate ofForensic Sciences, MHA, Govt. of India.Working Procedure Manual Toxicology, 2005.,Directorate of Forensic Sciences, MHA, Govt. ofIndia.Clarke's Analysis of Drugs and Poison, 3rd edition,Pharmaceutical Press, London, Chicago.Indian Pharmacopoeia 1996, Controller ofPublications, DelhiBritish Pharmacopoeia 2007, The Stationary Officeon behalf of the Medicines and Healthcare ProductsRegulatory Agency (MHRA),Orlovic, D, Ralulovic, D, Ivanovic, D, Vuzic, Z., “HPLCdetermination of Lorazepam and lorazepam relatedcompounds in pharmaceuticalformulations”.Chromatographia, Vol-52, No-11/12, Dec 2000, p732.Hindmarch. Ian (January 30, 1997). "Benzodiazepines and their effects". benzo. org. uk.Retrieved on 2007-05-13.Oelshlagfer H. (July4, 1989). "Chemical andPharmacologic aspects of benzodiazepines".Schweiz Rundsch Med Prax. 78(27-28): 766-72.PMID 2570451.MacKinnon GL: Parker WA. (1982). "Benzodiazepinewithdrawal syndrome: a literature review andevaluation". The American journal of drug andalcohol abuse. 9(1): 19-33. doi 10.3109/00952998209002608. PMID 6133446.United States Government: U.S. Depatment ofHealth and Humna Services' 2004: "Drug AbuseWarning Network. 2004: National Estimates ofDrug- Related Emergency Department Visits".Analytical Profile of Drug substances- Ed. KlausFlorey Academic Press, NY.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 45➢

Key WordsViolence,Domestic Violence,Rapport, Empathy,Counselling.*Assistant ProfessorDepartment of Social Work,Punjabi University, Patiala.Domestic Violence against Womenand Role of CounsellingSome ReflectionsIntroductionWomen, who constitute more than half of thepopulation, contribute more than half of theresponsibilities towards their families. They are,in fact, a significant part of the society'sdevelopment and progress but increasing violenceagainst them is a serious impediment to theirdevelopment. They have to face this systematicdiscrimination against them from womb to tomb.This global epidemic cutting across allgeographical boundaries knows no barriers ofage, socio-economic, religion, gender oreducation 1 . Violence is an intentional use ofphysical power, threatened or actual against aperson either which results in or has highlikelihood of resulting in injury, death,psychological harm and maldevelopment 2 .Overallit is any coercive mechanism to assert onesown will on others.Present Concept of Domestic ViolenceOne of the major forms of violence is, 'DomesticViolence'. It means violence between membersof household, usually spouses, an assault or otherviolent act committed by one member of ahousehold against another 3 . It also refers to themisuse of power by one adult in a relationshipto have control over the other, which is notrestricted to one single incident and may escalatein frequency and severity with time 4 . Thisexpression for abuse of power may exist in natalor nuptial family ethics, causing injury or harmto the safety of the women within the privatizeddomestic sphere. Domestic violence an openHardeep Kaur*secret is now a part and parcel of Indian culturedue to the socially constructed rigid gender basedroles, which have always carried fundamentalinequalities between women and men. Theircrystallization has not only provided legitimacyto patriarchy but also to domestic violence. Withthe endorsement of patriarchy, religious and socialsanctions are the other factors which haveretained domestic violence in the four walls ofthe home year after year, 5 where women areexpected to bear the burnt of different forms ofdomestic violence.To add to this, women have further becomeconditioned to localize their grief within themselvesand later become active agents of not onlypatriarchy but also domestic violence as a gift ofpatriarchy. Thus making this pestilent method away of keeping women in a subordinate positiongeneration after generation. This expression ofdomestic violence can now be seen in the formof physical, emotional, sexual or psychologicalabuse. Its normal indicators are wife battering,demand of dowry, marital rape, hitting, femalefoeticide, whereas some systematic forms ofviolence can be covered under gender inequality,lack of freedom, right to decision making 6 .International Initiatives to CurbDomestic ViolenceThis issue of domestic violence has beenaddressed at various international platforms suchas, 1979 convention on elimination of all formsof discrimination against women (CEDAW), wherein, all countries signatory were obliged to take46 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Domestic Violence against Women and Role of Counselling: Some Reflectionsall appropriate means to eliminate discriminationagainst women 7 . Further it was recognized as aprocess which jeopardizes not only thefundamental rights but also individual freedomand physical integrity of women in the worldconference on human rights at Vienna in 1993 8 .The world conference on population anddevelopment in 1994 and the fourth worldconference on women in Beijing in 1995 acceptedthe same and stressed on elimination of all formsof violence against women. It also put forthviolence as one of the twelve strategicobjectives 9 .Indian Responses to DomesticViolenceIndia being a signatory of the 1979 convention(CEDAW) also brought domestic violence intosharp focus. The government of India alreadyhas provisions under constitution, civil law andIPC to cater to violence against women. To protectthe rights of women further, the 'DomesticViolence' Act 2005 was brought forth. In additionto the above legislations, "crime against womencells", a platform in the form of a novel ideawere already established in 1983 at central levelin the Delhi police and later at other places tocombat and curb violence against women at grassroot level, by giving them personalized andincreased attention. These platforms areconsidered to be more gender sensitive andeffective to address this issue of domesticviolence. With this, another overriding purpose ofthese cells is to alleviate personal andinterpersonal distress by following counselling, asolution focused approach. This linkage ofdomestic violence to counselling may beunderstood through Gerard Egan's model ofcounselling.Counselling: A Solution FocusedApproachConceptCounselling is a process that enables theindividuals to get their real 'self'. Through thisprocess in the safety of the client's relationshipwith the counsellor, the structure of self is relaxedand the previously denied experiences areperceived and integrated into the altered self 10 . Itcan also be described as a process which iscarried out on one-to-one basis. Where throughsuitable techniques the client's needs are cateredto through a personal program which further helpthem to perceive more realistic goals and thusbecome contended and productive members ofthe family 11 . Yet another view is that counsellinghas three components that are: it is between thetwo individuals, in a professional setting and isinitiated and maintained to facilitate changes inthe behaviour of the client. 12Basic Facilitating SkillsThe two basic skills which facilitate counsellingare rapport and empathy. 'Rapport' is an essentialcondition for comfortable and unconditionalrelationship between counsellor and client. Thecomponents of rapport building that are interest,responsiveness, sensitivity and emotionalinvolvement enable the counsellor tocommunicate more effectively with the client.'Empathy' on the other hand is the ability to feeland describe the thoughts and the feelings ofothers. It is not only the principal route to exploreand latter understand the victim but is also 'feelinginto" the experience by putting oneself in another'sframe of reference 13 .MythsThe first and foremost role of counselling is tobring violence against women on surface bygiving it visibility and thus legitimizing the violatedwomen's concerns. This is only possible whenthe counsellor is able to make the womenunderstand the myths attached to domesticviolence such as "it is just a domestic tiff'. Sinceperpetuations of these myths about domesticviolence can prove to be dangerous. They notonly tend to encourage social acceptance andapathy towards violence but also make womenbelieve the myths. Thus making them justify,minimize or at times deny the violence theyAbstractDomestic violence is arepeated pattern ofbehavior to gain powerand control overanother through the useof intimidation,emotional, verbal,physical or sexualabuse. Counselling onthe other hand is aplanned and systematicapplication ofknowledge and skills.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 47➢

Domestic Violence against Women and Role of Counselling: Some ReflectionsIt helps not only tounderstand andalleviate a large numberof problems causingdisharmony but alsomaladjustments in therelationships. Thispaper describes howcounselling, a solutionfocused approach cannot only be used forpreventing andmanaging domesticviolence but also helpwomen to rediscoverand reconnect withtheir resourcefulnessexperience. This may further prevent them fromtaking a vital step of acknowledging that they arein a violent situation, which is an essential steptowards seeking help. All this makes it evenmore essential to dispel these myths both atindividual and community level 14 .AreasThen next step is to identify the general areas ofattention such as self identify, efficacy, medicalcare, mental health, emotional health in order toprevent, avoid or cope up with violent situations.On the other hand while working with the abuserit is also important to identify their basic needsbecause non-fulfillment of basic needs issometimes the reason for violent behaviour. Oncethese needs are identified and deficiencies aremet with, the individuals may tend to becomeless inclined to satisfy their deficiencies throughviolent behaviour and emotional distress 15 . Overallcounselling provides the basic ingredients thatbroaden the women's awareness regardingthemselves, their spouse, and the existingsituation. It also encourages them to realize theirpotential and empower them by building theirself confidence and self esteem. The counsellorhas to check out on the boundaries of therelationship of the spouses and see, how muchonus of the problem and problem solving theyare ready to take upon themselves. This effort inthe long run may lead to awareness on violatedwomen's perspectives and also bring in anenvironment of acceptance of human rights ofwomen in the community 16 .ProcessTo achieve the above, the counsellor is more ofa catalytic agent who provides an atmosphere inwhich the victims explore their thoughts andexperiences and look for solutions to theirproblems. Patrick, in his paper on 'An EasyIntroduction to Egan's Skilled Helper, SolutionFocused Counselling Approach' has conveyed howa counsellor is facilitative in establishing notonly appropriate and realist goals but also indeveloping skills of problem solving by buildingthe inner strengths and utilization of externalresources.The model of counselling given by Gerard Egancan prove to be helpful in managing domesticviolence too. It is divided into three stages. Beforestarting the counselling process, it is theresponsibility of the counsellor to makepreparation for counselling sessions by cateringto factors affecting readiness. Since readinesshelps the client to come forth with a redefinitionof the problem. Then beginning with the 'ExploringStage' which consists of skills such asquestioning, silence, focusing, reflecting,summarizing, paraphrasing and concreteness.These skills can prove to be helpful in exploringdifferent areas of concern of violence against thewomen such as details of incidents of violence,triggers of the incidents of violence, partners ofthe incidents and various dimensions ofrelationship of the victim and abuser. Through theabove skills, the counsellor on one hand correctsnot only the perception of the victims towardstheir problems and themselves but also theirown perception towards the victim’s problem andexperiences. In addition to this, it facilitates theabuser's ownership of his violent behaviourpattern. Though at times the spouses might bereluctant but then it is the role of the counsellorto enable them to explore new perspectives,challenge their negative modes of thinking andre-establish their priorities.Second StageThe second stage is that of 'Understanding' i.e.once the counsellor and the spouses havereached the aggrieved’s diagnosis of the issuerelated to domestic violence, time for thecounsellor to make use of supporting andchallenging skills such as confrontation,immediacy, self sharing and goal setting. On onehand it helps the victims to re-establish theiraims and goals, on the other encourages them tolook out for new perspectives which can helpthem to decide what they want for themselves.48 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Domestic Violence against Women and Role of Counselling: Some ReflectionsThese skills help them to see whether they arein a position to stay in abusive relationship,confront and resolve the various issues relatedto violence or want to part ways. As the optionbecomes clear, awareness of the need for actionis bound to increase.Third StageThen is a third stage i.e. of 'Decision Making'and taking action. Action skills involved here aredivergent thinking, goal setting and making theprogram choice. Here the counsellor may supportthe victims to act on the basis of understandingthemselves, their spouses and their situation 17 andtake appropriate decisions to resolve variousissues related to domestic violence.Though the thrust of counselling here is toeradicate the incidents of domestic violence andretain the marriage by removing the basic irritantsthat create this heinous form of violence. It alsoprevents further abuse to ensure a safety net atindividual and family level. This is done by helpingthe victim to understand and identify the influencesand factors that facilitate domestic violence, retainit for longer period and hinder the problem solvingprocess. Once these hindering and facilitatingfactors are put in place, chances of resolving theissue relating to domestic violence can becomehigher. On the other hand, if the situation is totallyirreversible and the marriage has to end, then itcan be ensured that it does not end to thedeterrent of women rights and she does not endup deprived or inadequately compensated.ConclusionEven at times when counselling does not proveto be a panacea for domestic violence, it willstill offer some effective strategies and a platformto break the cycle of violence to a great extent.Though this helping relationship should not gobeyond a certain point, otherwise it may retardthe women's growth. This paradox can betranslated into the assertion that the thrust ofcounselling should be on helping the victims tohelp themselves by creating conditions thatrelease their powerful growth tendencies andresources in a more articulate manner. 18References1 Ameer Sultana. 2006. "Battered in the SafeHaven: Women and Domestic Violence". InAruna Goel, Manvinder Kaur & Ameer Sultana(Eds) Violence Against Women: Issues andPerspectives. New Delhi: Deep & DeepPublications Pvt. Ltd. p.37.2 Patrick Smith. Definition, Types and Prevalenceof School Bullying & Violence. OnlineAvailable: http://www.oecd.org/dataoecd27/47/3386654 8ppt#3. Dated. January 21, 2009.3 Preeti Mishra. 2006. “Domestic ViolenceAgainst Women: Legal Control and JudicialResponse”. New Delhi. Deep & DeepPublication Pvt. Ltd. p.514 Preeti Mishra. 2006. Ibid. p. XXVII.5 PoojanJot Kaur.2008. "Domestic ViolenceAgainst Women: Issues and Responses". InD.P. Singh and Manjit Singh (Eds) Violence: Aconcern for Peaceful Co-existence. Patiala.Publication Bureau, Punjabi University, p. 140.6 Aruna Goel, Manvinder Kaur, AmeerSultana.2006. “Violence Against Women:Issues and Perspectives”. New Delhi. Deep& Deep Publication Pvt Ltd. p.XIX.7 Rights and Security for Women. OnlineAvailable: http:// novibgbv.ddg5.tamtam.n//en/content?type=article&id=5204. Dated:January 21,2009.8 The Position of women in U.N. Human RightsDocument. Online Availablehttp://www.dadalos.org/int/menchenrechte/grunkurs/mr3/frauensechte/was/unpolitick.htm.Dated: January 21,2009.9 Fourth World Conference on Women BeijingDictation. Online Available: http://www.un.org/in resisting, avoiding,escaping and fightingagainst domesticviolence. Which infuture empower themto re-experience theirpersonal power inbringing positivechanges in their livesand develop a vision oflife which is free ofviolence.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 49➢

Domestic Violence against Women and Role of Counselling: Some Reflectionswomenwatch/daw/beijing/platform/declar.htmDated: January 21, 2009.10 C.R. Rogers.1952. "Client CenteredPsychotherapy', Scientific American, 187. p.70.11 J.W. Gustad. 1953. "The definition ofCounselling". In R.F. Berdie (Ed.) Roles andRelationships in counselling. Minnesota,studies in students personal work, No. 13,Minneapolis, University of Minnesota Press.12 H B. Pepinsky and P. Pepinsky.1954.“Counselling : Theory and Practice”, NewYork. Ronald Press. p 3.13 S. Narayana Rao. 1987. “CounsellingPsychology”. New Delhi. Tata McGraw. HillPublishing Company. p.118-119.14 Liana Epstein. 2003. “Violence CounsellingTraining Manual”. Online Available:http://www.peaccornes.org/manuals/domestic%20violence%20traning%20manual.pfd .Dated. January 21,2009.15 Lawrence M.Brammer.1993. “The HelpingRelationship: Process and Skill”.Massachusetts. Allyn and Bacon.p10.16 Indra Maya Ganesh.2006. The Special Cellfor Women and Children. DocumentingEffective Intervention and Strategic Alliancebetween Maharashtra Police and Tata Instituteof Social Sciences. Online Available :http://www.unafei.or.jp/english/pdf/Pdf-rms/4069/05-p77-84.pdf. Dated. January 21 ,2009.17 Patrick J.M. Nelson. 2008. An EasyIntroduction to Egan's Skilled Helper SolutionFocused Counseling Approach. Part one.Online available http://www/fettco.uk/an%20introduction%20the%20modelpdf.Dated. January 21,2009.18 Lawrence M. Brammer.1993.Op.Cit.p11.50 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

IntroductionA Study of Burnout and MaritalAdjustment of Police PersonnelThe modern world, which is said to be a world ofachievement, is also a world of stress. One findsstress everywhere whether it is within the family,business organization or any other social oreconomic activity. In recent years, increasingattention has been paid to the phenomenon of burnoutin human service professions. Burnout appears tobe a response to interpersonal stressors on the jobin which an overload of contact with people result inchanges in attitudes, behaviour and family life. Both,the society as a whole and the individual as a citizen,set very high standards for the job of the police officerand expect that by combating criminal offence, apolice officer would be able to ensure security forcitizens on the best customer service level, ensuringtheir legal rights and at the same time ensuringserved social life sphere. The nature of police jobcauses high risk of burnout viz. high expectations bythe individual himself, which are unrealistic in natureand the non-fulfillment of these expectations,diminishes work motivation until its totaldisappearance. Hence, police officers lose interesttowards work, communication and successfulcoping with the job stress and experiences burntout(Liivia Anion 2006).BurnoutBurnout can be defined as "a syndrome of reducedpersonal accomplishment, increased emotionalexhaustion, and increased depersonalizationexperienced by individuals that work closely withpeople". The most well–studied measurement ofburnout in the management literature is the MaslachBurnout Inventory. Maslach and Jackson (1986) whoidentified the construct "burnout" in the 1970s, anddeveloped a measure that weighs the effect ofRekha Rani* and Dr. Pooja Garg**emotional exhaustion, depersonalization, andreduced sense of personal accomplishment.Burnout is the gradual process by which a person,in response to prolonged stress and physical, mentaland emotional strain, detaches from work and othermeaningful relationship. The result is loweredproductivity, cynicism, confusion and a feeling ofbeing drained for having nothing more to give.Maslach and Jackson (l990) refined the meaningand measurement of burnout construct in the 1980swhich included three dimensions of burnout as:Emotional Exhaustion (EE): Emotional exhaustionis characterized by a lack of energy and a feelingthat one's emotional resources are used up. Thismay coexist with feelings of frustration andtension.Depersonalization (DP): Depersonalization ordehumanization component typically occurs afteremotional exhaustion which represents theinterpersonal context dimension of burnout andrefers to a negative, callous, or excessivelydetached response to various aspects of the job(Maslach, Schaufeli, & Leiter 2001).Diminished Personal Accomplishment (PA) Thiscomponent can be defined as the diminishedpersonal accomplishment or reduced efficacywhich represents the self-evaluation dimensionof burnout and refers to feelings of incompetenceand lack of achievement and productivity atwork.Marital AdjustmentThe concept of marital adjustment differs from personto person, culture and community. Marital adjustmentKey WordsBurnout,Marital Adjustment,Gender and Rank.*Research Scholar,Department of Humanities andSocial Sciences,Indian Institute of TechnologyRoorkee, India**Assistant ProfessorDepartment of Humanitiesand Social Sciences,Indian Institute of TechnologyRoorkee, Roorkee, IndiaThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 51➢

A Study of Burnout and Marital Adjustment of Police PersonnelAbstractPolice officers play avital role in maintaininglaw and order in oursociety. As previousresearches focusedthat the irregular workshifts, work overload,lack of administrativesupport, rapidtransfers, inadequatework environment,more exposure tois scientifically defined by Lock and William (1959)as "an adoption between husband and wife to thepoint where there is companionship, agreement onbasic values of affection, intimacy, accommodationand on certain other unidentified factors."Marital adjustment calls for maturity that acceptsand understands growth and development in thespouse. If this growth is not experienced and realizedfully, disruption in marital relationship is inevitable.We can say that marital adjustment construes tocohesion, mutual consideration, agreements,communication patterns and compatibility (AnnDavidson and Simon Moss, 2006).Burnout and Marital Adjustment ofPolice PersonnelIt is rightly said that police officers play a vital role inmaintaining law and order in society, but previousresearches have focused that police officersexperienced cynicism, authoritarianism, andoccupational stress as the major causes of burnout.Hence, it is questionable that with thesecharacteristics it is not feasible for police officers tomaintain the law and order in society as well asperform the family responsibilities.Accordingly, positive work experience (e.g. jobsatisfaction) are related to positive maritalfunctioning, whereas negative work experiences(e.g. work stress) are associated with maritaldysfunction (Barling, 1999). In fact, the mechanismwhich combines these two areas of life is commonlydefined as 'spillover effect' whereby reactionsexperienced in the work domain are transferred toother domain or vice versa (Lambert, 2003; Zedeckand Mosier, 2000).Karyl et.al (1999) examined that the perception ofstress is negatively associated with maritalaggression and violence in family. Robert Stevens(2004) found significant difference in severalvariables associated with police personnel burnouti.e. gender-service experience, role conflict, roleambiguity and administrative support. Lindquist &Whitehead (2003) found that younger officersexperience more job stress or burnout than the seniorpolice officers because of less job experience andjob commitment. Morgan et. al (2002) found seniorofficers were more likely to report stronger feelingsof personal accomplishment than younger officers.It could be that senior officers report less stressthan younger officers due to having more decisionmaking power. Houtman et. al (2004) and Liivia Anion(2006) examined that increased workload as wellas emotional distress leads to neuroticism anddecreased marital satisfaction; job satisfaction andhealth of employees emotional exhaustion as wellas increased psychosomatic disorders.It has also been observed that police officers whoscored high on emotional exhaustion were found tosuffer from frequent problems with insomnia andwere more likely to consume alcohol, tranquilizersand medications to cope up with stress (Mathenyand Gfroere (1998). Harris (2002) summarized thatthe problems and situations in which the policepersonnel encounter and have to deal with are-Emergence of organized (mafia) crime, terrorism,drug trafficking and criminalization of politics,offences involving social, environmental, andcultural phenomena, mass violence and destructionarising out of communal, other social, economicand political frictions, human Rights violations andlack of mutual help and coordination, lack of propertraining, professional equipment and infrastructurefor police personnel. Violanti and Paton (2001) foundthat police personnel have to work in adverseworking conditions, rapid transfer, and lack ofadministrative support which leads to occupationalstress. On the basis of the previous researches itcan be concluded that negative experiences at workplace like frustration, emotional tension, resultswithdrawal, cynicism, physical and psychologicaldangers, and behavioural and relationship problemsnot only within the officer, but also transfer to thefamily members especially to the life partner; whichaffects their family and marital life negatively (Golden,Jonathan, Piedmont and Ralph, 2004).Objectives of StudyThe aim of the present study is to assess therelationship and significant difference between52 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

A Study of Burnout and Marital Adjustment of Police Personnelburnout and marital adjustment of police personnelon the basis of ranks and gender.MethodologyHypotheses: The following hypotheses wereformulated in the study:H1-There is negative relationship between burnoutand marital adjustment of police personnel.H2-There is negative relationship between emotionalexhaustion and the dimensions of maritaladjustment.H3-There is negative relationship betweendepersonalization and the dimensions of maritaladjustment.H4-There is positive relationship between personalaccomplishment and the dimensions of marital status.H5-There is significant difference in burnout of subinspectorsand constables.H6-There is significant difference in burnout of malesand females.H7-There is significant difference in the maritaladjustment of sub-inspectors and constables.H8-There is significant difference in the maritaladjustment of sub-inspectors and constables.SampleThe sample consists of 128 police personnel whowere posted at different police station. Total sampleconsists of 128 police personnel.MeasuresBurnout: This variable has been measured by thescale developed by Christina Maslach and Jackson(1981). The scale identifies three dimensions ofburnout (emotional exhaustion, depersonalization andpersonal accomplishment). The overall scaleconsists 22 items. Cronbach alpha reliability of thescale has been reported as .90, .79, & .71 foremotional exhaustion, depersonalization andpersonal accomplishment respectively. Thedimensions of burnout are described as :Emotional Exhaustion: Emotion exhaustion ischaracterized by a lack of energy and a feeling thatone's emotional resources are used up.Depersonalization: It refers to a negative, callous,or excessively detached response to variousaspects of the job.Reduced Personal Accomplishment: It refers tofeelings of incompetence and lack of achievementand productivity at work.Marital AdjustmentThis variable has been measured by the scaledeveloped by O.P. Mishra and Annand Ballabh Joshi(2000). This scale consists of eight dimensionsrelated to marital adjustment - (1) similarity inthinking, (2) accommodation, mutual considerationand respect for in-laws, (3) sexual relationships, (4)liking each other and personal habits, (5)communication, (6) mutual trust (7) tension andconflicts and (8) fulfillment of expectations.Reliability co-efficient of the "Marital adjustmentscale" was found .74. The dimensions of maritaladjustment are described as:Similarity in thinking: It refers to similarity inthoughts about other relatives and friends, currentissues about society, and interest in political issues.Accommodation, mutual consideration and respectfor in-laws: It refers to feeling of living together,respect of thoughts and values of each other, andhaving the regard for the in-laws.Sexual relationships: It refers to the fulfillment ofsexual needs, desires, expression, and intimacy fromeach other.Likings of personal habits: Likings are related tothe dress, food manners and habits.Communication: It refers to the needs of specificwords between husband and wife e.g. words ofaffirmation, love, and encouragement form eachother.Mutual trust: It refers to faithful, trustworthy, andhonest behavior for each other.Tension and conflict: It refers to discord caused bythe actual or perceived opposition of needs, valuesand interests between husband and wife.public matters,insufficient pay andlack of promotion leadsto burnout whichaffects their family andmarital life negatively.The present study isand attempt to examinethe relationshipbetween burnout andmarital adjustmentamong policepersonnel. The sampleconsists of 128 policepersonnel, includingconstable and subinspector.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 53➢

A Study of Burnout and Marital Adjustment of Police PersonnelMaslach BurnoutInventory (MBI) hasbeen used to measureburnout as theindependent variableand Mishra's MaritalAdjustment Scale(MAS) has been tomeasure maritaladjustment asdependent variable.Person r was used totest the hypotheses.Fulfillment of expectations: It shows maximum selffulfillmentfor both partners in terms of feeling ofsafety, needs, admiration and respect, honesty,responsiveness, and cooperation.Data CollectionThe aim of the present study is to assess therelationship and significant difference betweenburnout and marital adjustment of police personnelon the basis of ranks and gender. The scales weredistributed to the subjects separately and wereassured that their information would be keptconfidential.Data AnalysisThe data was analyzed on the basis of correlationand t-test with the SPSS 16.0 version.ResultsThe purpose of the study is to assess the correlationand significant difference between burnout andmarital adjustment of police personnel on the basisof ranks and gender.Table 1 represents the significant negativecorrelation between burnout and marital adjustmentwith the calculated r-values as -.25** (p.05) while similarity in thinking,tension and conflicts, fulfillment of expectations andsexual relationships also have negative correlationwith the calculated r values as -.27**, -.28**, -.33**, -.34** (p>.01). Thus, the H2 has beenaccepted at .05/.01 levels.Table 1 also shows that depersonalization hassignificant negative correlation with accommodation,mutual consideration and respect for in-laws,liking each other and personal habits,communication, mutual trust with the calculatedr values as -.12, -.05, -.22*, -.12 (p>.05) Whilesimilarity in thinking, tension and conflicts, sexualrelationships and fulfillment of expectations havealso negative correlation with the calculated r valuesas -.23**, -.29**, -.23**, -.28** (p.05), .21*, .22* (p.05), -.25**(p

A Study of Burnout and Marital Adjustment of Police PersonnelTable 2 represents that there is significant differenceof marital adjustment between male and female withthe calculated t-values as 5.00** (p>.01). Hence,the H7 accepted at .01 level.Figure 1: Relationship between burnout andmarital adjustment on overall basis.Table 2: Difference between burnout andmarital adjustment of male / female andsub inspectors /constables.Variables Groups N Mean S.D. t-valueBurnout Male 64 72.09 23.98 .21Female 64 73.00 21.82Sub- 64 70.69 24.45 .53inspectorConstable 64 74.40 22.17Maritaladjustment Male 64 220.45 64.91 5.00**Female 64 285.09 80.47Sub- 64 269.04 77.64 2.35*inspectorConstable 64 236.48 79.04**t-value is significant at the 0.01 level.*t-value is significant at the 0.05 level.Table 2 indicates that there is no significant differenceof burnout between male and female with thecalculated t-value as 0.21 (>.05). Thus, the H5rejected at .05 level.Table 2 represents that there is no significantdifference of burnout between sub-inspector andconstable with the calculated t-value as .53 (>.05).Hence, the formulated H6 has been rejected at .05level.Table 2 indicates that there is significant differenceof marital adjustment between sub-inspector andconstable with the calculated +-value as 2.35*(P>.05). Hence. H8 accepted at .01 level.DiscussionThe aim of the present research is to study thecorrelation between burnout and marital adjustmentof police personnel. Further the study was extendedto find out the differences between burnout and maritaladjustment of males and females as well as of subinspectorsand constables. The findings suggestedthat there is negative correlation between burnout andmarital adjustment. Karyl and Barling (2004) examinedthat negative perception of stress is negativelyassociated with marital aggression and violence infamily along with increase in marital dysfunctionslike family conflict, hostility, low marital warmth andsupportiveness. Maslach and Jackson (2001) alsofound that officers who experienced occupationalstress are more likely to exhibit anger, spend lesstime with family and feel dissatisfaction withmarriage. It has been observed that police officerswho are stressed and emotionally drained havenegative effects on family, leading to conflict and verbalaggressive behaviour towards wife and children.Emotional exhaustion was negatively correlated tomarital adjustment which reveals that emotions andfeelings are key to a satisfactory married life. HomerC. Hawkins (2001) examined negative correlationbetween emotional exhaustion and marital adjustmentin which people begin to experience detachment fromfamily, the loving persons and others.Depersonalization has negative relationship withmarital adjustment. The symptoms ofdepersonalisation like alteration of self perception,detachment from self and world, and distortion ofthought perception have negative effect on maritaladjustment. Morgan et. al (2002) and Savakis et. al(2003) have found the similar results whichsuggested that lack of social support from officersThe results show thatthere is negativecorrelation betweenburnout and maritaladjustment. Emotionalexhaustion anddepersonalization arenegatively correlated tomarital adjustmentwhile personalaccomplishment ispositively correlated tomarital adjustment.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 55➢

A Study of Burnout and Marital Adjustment of Police Personnelcreates tension, anxiety and feeling of depression,disturbed sleep that leads to low feelings of mutualunderstanding, poor sexual relationships and createstension and conflicts between the spouse.Personal accomplishment and marital adjustmentare positively related to the feeling of superiority,high decision making attitude, having more socialand political powers than others that help to keephigh personal accomplishment and high moraleamong police officers, which is conducive for maritaladjustment. Morgan (2002) found that senior officerswere more likely to report stronger feelings ofpersonal accomplishment than younger officers andsuggested that police officers who had low personalaccomplishment were more likely to consumealcohol, tranquilizers, smoke and show aggressiveand abusive behaviour.It has been also observed that there is no significantdifference between burnout of sub-inspector andconstables and it can be stated that sub-inspectorand constables experience equal level of burnoutand find job insecurity, work load, emotionalexhaustion, low personal accomplishment, andhaving role conflict to a large extent.There exists no significant gender difference ofburnout between males and females as both thegroups experience work pressure, job insecurity,rapid transfer, public interaction, day and night shifts.While Cullen et. al (2000) and Zupan (1999) foundthat female officers reported greater burnout thanmale officers because of low social support, jobinsecurity, job autonomy, time pressures at work,and work-family conflict.Male police officers were found to have low maritaladjustment, while female officers had high maritaladjustment because females are more adjustableby nature than male. It has been also found thatfemale police personnel face less job responsibilitiesat work place and work load, no frequent changes inwork shifts and transfers. (Cruse, D. & Rubin, 2003).Constables feel more marital adjustment than subinspectorbecause sub-inspectors have moreresponsibilities, decision making workload,pressure of seniors than constables while constablesface less pressure of seniors.Conclusion and Future ImplicationsOn the basis of the study, it can be concluded thatthere is negative relationship between burnout andmarital adjustment. It has become important to copeup with burnout as it leads to chronic physical andpsychological consequences. As person feelsemotionally drained, it generates unrealisticthoughts, have distorted self perception, frustration,hopelessness, detachment, isolation, sadness andirritability. These factors lead to reduced interest infamily matters, reduced communication and mutualtrust which creates tension and conflict in familyand between spouses.Thus, it can be suggested that there is need ofappointment of mental health experts, stressreduction and intervention programmes (yoga andmeditation), and the peer support program shouldbe started in the police academy and in local policestation, to reduce the stress among policemen andtheir family. Religious participation and beliefs,spending time together, social and family supportand marital therapies can help the spouses to reducethe marital disputes and burnout which include lossof affection, communication problems and extramarital affairs.Proper psychological tests must be developed forthe assessment of personnel's stress levels andappropriate therapies should be used where theofficers can combat various stressful situations. Biofeedback must be followed up to inform the personnelconstantly about the physical and psychologicalchanges during stress, for example the intensity oftension in muscles, the body temperature, heart rate,etc.ReferencesAnn C. Davidson, Ellen Berah and Simon Moss(2006): “The relationship between the adjustment ofaustralian police officers and their partners”.Psychiatry, Psychology and law, (13) 1,41- 48.Anson, R.H. Bloom (2000): Police stress in anoccupational context. Journal of police science andadministration, 16, 229-235.56 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

A Study of Burnout and Marital Adjustment of Police PersonnelAckerley, G.D.Burnell, j.holder & kurdek (1999):“Burnout among licensed psychologist” andProfessional psychology. Research and practice,19,624-631.Beena, R.C.and Brennan (2000): “Gender differencesin work stress of executives”. Psychologicalstudies, 37,1 09-113.Bacharach, S.B.Bamberge and Conley (2004):“Work-home conflict among nurses andengineers: mediating the impact of role stresson burnout and satisfaction at work”. Journal oforganizational behaviour, 12, 39-53.Cruse, D. & Rubin, (2003): “Determinants ofpolice behavior”: A summary, (Criminal JusticeMonograph, U. S. Department of Justice, StockNo. 2700-00215). Washington, D.C.: U. S.Government Printing Office.Doss, B. D.Atkins, D. C. & Christensen (2003):“Who's dragging their feet?” Husbands and wivesseeking marital therapy. Journal of Marital andFamily Therapy, 29, (2), 165-177.Doss, B. D.Simpson, L. E. & Christensen (2004)“Why do couples seek marital therapy”?Professional Psychology: Research and Practice,35, (6), 608-614.Edelwich, J. & Brodsky, (1999) “Burnout: Stagesof disillusionment in the helping professions”.New York: Human Sciences Press.Fincham, F. D.Beach, S. R. H. & Davila (2004) -“Forgiveness and conflict resolution”. Journal ofFamily Psychology, 18, (1), 72-81.Golden, Jonathan, Piedmont and Ralph (2004),“Spirituality and burnout: An incremental validitystudy”. Journal of psychology and theology.Huston, T. L. & Vangelisti (1991) “Socioemotionalbehaviour and satisfaction in marital relationships:A longitudinal study”. Journal of Personality andSocial Psychology, 61,721-733.Huston, T. L. & Chorost (2004), “Behaviouralbuffers on the effect of negativity on maritalsatisfaction: A longitudinal study”. PersonalRelationships, 1, (3),223-239.Liivia Anion(2006) “Reciprocal effect of burn outsymptoms and police culture elements”. Journalof Educational Sciences. 51, (3),34- 5 6.Kayode, O. 1. (2004) “Predicting performance onthe basis of social background characteristics”.Case of the Philadelphis police.DissertationAbstracts International, 34, 2048A.Laurenceau, J-P.Feldman Barrett & Rovine (2005)“The interpersonal process model of Intimacy inmarriage: A daily-diary and multilevel modellingapproach”. Journal of Family Psychology, 19, (2),314-323.Neff, L. A. & Karney (2005) “To know you is tolove you: The implications of global adorationand specific accuracy for marital relationships”.Journal of Personality and Social Psychology, 88,(3), 480-497.Pasch, L.A. & Bradbury (1998) “Social support,conflict, and the development of maritaldysfunction”. Journal of Consulting and ClinicalPsychology, 66, (2),219-230.Schneewind, K. A. & Gerhard (2002) “Relationshippersonality, conflict resolution, and maritalsatisfaction in the first five years of marriage”.Family Relations, 51, (1), 63-71.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 57➢

Key WordsTerrorist Attacks,ObsoleteEquipment,Estimated loss,BudgetaryExpenditure.*Dr. Dolly Sunny,Professor,Department of Economics,University of Mumbai,Vidyanagari PO, Kalina,Mumbai-400098Budgetary Allocation forPrevention of CrimeA Flawed Model for DevelopmentTerrorist attacks are not new to India. However, therecent attack in Mumbai stands out on account ofhigh level of coordination, sophistication andmodernization in technology. The terrorist attacksin the heart of Mumbai, at the Taj Mahal, Oberoiand Nariman Bhavan led to damage of primeproperty and loss of about two hundred preciouslives. It was a war launched on peace loving citizensof this country. Though the bombs are defused, thesense of insecurity instilled in the mind's ofMumbaikar is waiting to explode. Fear of terror livesin the minds of traumatized people of the city. After11/26 episode, terror stalks every echelon ofsociety– the rich and poor.Mumbai's MartyrsIt is the first time that the city has lost its high profileofficers while fighting the terrorists. The Sixteendutiful policemen, including upright officers such asATS Chief Hemant Karkare, ACP Ashok Kamte,encounter specialist Vijay Salaskar and NSG’s MajorUnnikrishnan as well as Gajendra Singh sacrificedtheir lives while countering the AK 47 wieldingamphibian terrorists that came to the city via itsporous sea routes.The bullet penetrated Kamte's head through thehelmet. The so called bulletproof vest could notprotect Karkare from the gunshots and hesuccumbed to fatal injuries on his chest on the spot.He died due to deficient and obsolete equipmentprovided by the State which has not earmarkedsufficient budget for the purchase of these lifesaving measures. The outdated protective wearused by the men battling the most bizarre and brutalDolly Sunny *attack on unarmed civilians that has confronted thecountry since Independence might have been goodenough to save them from stone-pelting iratecrowds, but not the assault of sophisticated guns.The Mumbai police had ordered bullet proof jacketsin bulk in 1992. The department purchased anotherbatch of jackets in 2002, but surprisingly there hasbeen no upgradation in the quality. The sources frompolice quoted that police budget is very low and sothe appropriate equipment cannot be bought. Theseofficers are irreplacable, and those who survivedthe carnage can only shed tears and pay homage.As Reberio rightly said, the dead officers are not thevictim of bullets, but that of the system (MumbaiMirror, 2008).Police force can fight back against terror only if theyare well equipped and can protect themselves.Terrorism and its RootsWhile tackling terrorism, our main problem has beenin dealing with infiltration from Pakistan-basedterrorists. Sixty years after the attainment ofIndependence, India and Pakistan are on differenttrajectories. While India positions itself as risingeconomic power, Pakistan, on the other hand, ison a downward slope into a self-created jehadi abysswith the Taliban threatening to establish a radicalIslamist regime. As denials have followed ininterviews with President Zardari, it is certain thatPakistan is a State with multiple centres of power.While the world applauds India for its democraticstability and economic prowess, it increasinglylooks at Pakistan with suspicion and as anirresponsible state. It is a known fact that global58 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

anger has emanated against Pakistan after the recentattacks. In Pakistan some of the present daypurveyors of religion quote from Quran when theyexhort their followers to launch jihad against thenon-believers. Asghar Ali Engineer (2004, "Makinga Mockery of Jihad") has stated that the Muslimneeds to hear the voice of the moderate and not justthat of the extremist-fundamentalist.Owing to availability of sophisticated weaponry inthe international market, terrorism has becomeentrenched and accessible. In the foreseeablefuture, international terrorism and induced domesticterrorism will pose a greater danger to our nationalsecurity than a conventional war. The training ofthese militants for the cause of Islam enables themto target civilians brutally.Serious LapsesInability of the intelligence agencies to heed to theearly warnings of these impending terrorist activityvia the sea and the lack of co-ordinated follow upaction across the border to beef up the securityhas resulted in this carnage. The 11/26 episodealso reaffirms the lack of synchronized interactionbetween Indian's security agencies such as RAW,IB and the Army, Navy and other agencies. In factthey work at "cross purposes" (Hindustan Times,3/12/2008 p3). As Paul Wilkinson of the Universityof St. Andrews rightly opines, there was a seriousintelligence failure in Mumbai and home departmentcould have nipped this in the bud. It is astonishingto read about the casual attitude of ex-HomeMinister towards safety of people. 'RR Patil whowas supervising the rescue operation of terroristattack from his official residence was requestedby Cabinet Minister of Public Works Department tovisit the DGP office' (Mumbai Mirror, 28/11/08,page 3 ). To add salt to the wound of Mumbaikars,Patil's comment that "bade bade sharon mein aisechote chote hadse hote hi rehte hain"(MumbaiMirror, 30/11/08, page 11) needs to be reprimandedin the strongest manner possible. Would he havehad the same say if his own life was involved ?As far as terrorists are concerned, powerful securityregime is the need of the hour. At the national level,Budgetary Allocation for Prevention of CrimeA Flawed Model for Developmentthere is a need of a high-level anti-terrorist squad,which should have its branch in every state.Specialised training, sophisticated equipments andenhanced manpower and fire power will have to beprovided to the ATS in particular and the police forcein general. With the increasing sophistication ofinternational terrorism it is likely that they will resortto nuclear, biological and chemical weapons. Whenthe police are accountable for the security of thecommon man and to implement the law of the land,the State has no option but to respect the policeforce who work for people's safety.Though the law and order situation in the countryhas deteriorated in general, the state of Maharashtrahas been fairly peaceful as compared to otherstates. What is significant is that the peace andsecurity has been conducive to the growth of tradeand industry in the city and positioned it as thefinancial capital of the country. The recent attackshave shattered this safe cocoon and the State hasdefinitely failed to safeguard the life and propertyof its citizens and these will have a detrimentaleconomic impact.Economic development is contingent on politicalstability, and terrorism is certainly destabilising. Theprocess of economic liberalisation and globalisationset in motion cannot be carried forward, if the statecannot guarantee the maintenance of law and order.Money seeks safe havens and given the currentscenario it will begin to flow out of Maharashtrainto new ventures elsewhere unless the state canrestore confidence in its investors.Skewed Police-Population RatioMaharashtra produces country's 19 percent ofindustrial output, 15 percent of service sector outputand about 13 percent of GDP. Her per capita incomeof Rs. 22,179 in 2000-01 makes it the third richeststate in India after Punjab and Haryana. The growthof services sector which largely comprises the neweconomy, contributed 8 percent to the economicgrowth of the state during 1997-98 and 2000-2001(GOM, 2003).In spite of having the distinction as an economicallyforward state, the Police-Population ratio is skewed.AbstractTerrorist attacks of 26/11 in Mumbai tookaway the precious livesof dedicated policeofficers. They died dueto deficient andobsolete equipmentprovided by the State.It is the need of thehour to providespecialised training,sophisticatedequipments andenhanced manpowerand fire power topolice.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 59➢

The estimated loss inMumbai alone fromterror toll of the 60hour ordeal is peggedat Rs. 4,000 cr.Additionally the closedstock exchange,national stockexchange andcommodity exchangesmarkets halted tradingworth Rs. 32710 cr !.While US earmarksabout 20 percent of thefederal budget, thebudgetary expenditurein India on police aspercentage of GDP ishardly 0.55 percent.Budgetary Allocation for Prevention of CrimeA Flawed Model for DevelopmentMaharashtra has 143 policemen per lakh ofpopulation as compared to 200-250 in advancedcountries and the UN norm of 222. As per theestimates of National Crime Records Bureau (2007)vacant posts in the armed police constitute13.8 percent and that of civil police correspondsto 9.8 percent.Estimated Loss of 26/11 AttacksThe economic impact of terrorism can be calculatedfrom a variety of perspectives. There are direct coststo property and immediate effects on productivity,as well as longer term indirect costs of counteringterrorism. The human cost in terms of lives lost is,of course, incalculable. According to Krugman(2004) the direct cost of the September 11 attackson USA has been estimated at over $20 billion.The estimated loss in Mumbai alone from terrortoll due to the 60 hour ordeal the country's financialcapital is pegged at Rs. 4000 cr. Additionally theclosed stock exchange, national stock exchangeand commodity exchanges markets halted tradingworth Rs. 32,710 cr. ! It also resettled into shrinkageon the number of daily commercial operations asmany corporate officers suspended normaltransaction. The attacks on Mumbai disturbed thetelevision and film industry, with an estimated lossabout Rs. 10 cr. during the four days of terror. Yetanother group come under city markets,entertainment and shopping malls where hardly anybusiness is transacted, though the attack mainlyfocused on two luxury hotels and other placesfrequented by Westerners (Business Line, 2008).Currently tourism contributes an estimated Rs. 905billion or 5.6 percent to the GDP of India comparedto the world average of 10 percent. The travel andtourism sector created 9.3 million jobs directly and17.4 million indirectly in 1999. This was expectedto increase to 12.9 million jobs directly and 25million indirectly by 2010 (GOM, 2003). Mumbaiis the capital of Maharashtra and the commercialand entertainment hub of India and it tops as a majortourist destination also. The killing of foreign touristsdeterred to infer tourism in the near future. Mumbaiterror strikes take a toll on Goa tourism sector asindicative of the cancellations which hotels and touroperators received. India's air travel industry, alreadyhit by slowdown due to the global financial crisis,is faced with another set back after a series of terrorattacks in the country's financial hub killed so manyin the midst of the peak tourist season. Theeconomic slowdown had caused 30 percent dropin tourist arrivals this winter and industry expertsfear the drop in traffic could go up to 40 percentthe largest ever witnessed in the last 6-7 years(Business Line, 2008).Industries hardest hit by lost job include restaurants,retail trade, hotel, building services and apparelmanufacturing. Business activity has fallen in anumber of industries where as the impact isprimarily by working few hours and being paidcommensurately less. The economic devastationwhen national and local economies are in recessionis likely to affect many related industrial activities.Rectification of Flawed ModelRadical measures are needed and they should bemodified so that police reforms are accelerated asthey are crucial for the establishment of the rule oflaw, that has been given low priority by successivegovernments at the centre and the states,irrespective of the party affiliations. Mere additionto numbers has to give way to making the policemore efficient, productive and effective by provisionof modern aid, equipment for enhanced mobility andsophisticated communications.Insinuations from politicians- such as the unjustcriticisms from BJP of Hemant Karkare of his rolein the investigations of the Malegaon blasts,punitary appointments and political transfers asmentioned by Reberio have demoralized the policeforce. Independence and freedom in their sphereof work are quintessential for the police to keep thecity safe. Infighting and red tape in the procurementof life-saving quality items such as bullet proofjackets and armoured vehicles have also stressedour 'protectors'. In this regards the civil society hasto come ahead and protest, and be supportive totheir brethren in police force. A myopic view or shortpublic memory to terrorist incidents also needs to60 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

e overcome and citizens forums and civil societyshould be incorporated and encouraged to provideclues, warnings and assistance in the investigationprocess.The US earmarks about US $500 billion annually fordefense, home security and preventing terrorism,which accounts for 20 percent of the US federalbudget. The defense budget increased by one-third,or over $100 billion, from 2001 to 2003 in responseto the heightened threat of terrorism - an increaseequivalent to 0.7 per cent of US GDP. Expenditureson defense and security are essential for any nation,but, of course, they also come with an opportunitycost; those resources are not available for othersectors. (Krugman, 2004) .The expenditure on policeas percentage of GDP are Rs.5899 Cr. Rs. 6831 Cr.and Rs. 7381 Cr. which comes around, 0.51, 0.57and 0.58 as per 1999-00,00-01 and 01-02respectively (GOM, 2003).Police and laws order are subjects within the purviewof the State List. It is, therefore, the responsibility ofthe states to provide funds for these requirements. Acentrally sponsored scheme for modernisation ofpolice forces has been implemented in the statewith a 50 percent grant and 50 percent loan. Theamount has to be spent on prescribed items such asmobility, communications, scientific aids toinvestigation, and crowd control equipment.Statewise allocation is based on "population,sanctioned strength of police, number of policestations and crime per lakh population. The schemeis funded equally by the Centre and the Stateconcerned. It has been observed that the centralfunds are not being used by a number of states dueto a lack of matching funds from the state budget.The budget of the police department is under severestrain and there are shocking news reports thatpolice do not have funds even to purchase petrol fortheir vehicles (Godbole, 1999). When we can spendon other developmental activities such as flyovers,Budgetary Allocation for Prevention of CrimeA Flawed Model for Developmentdams, SEZ's in 'national interest', surely the policeforce does need to be given a higher priority becausewithout law and order, there can be no economicdevelopment.Emerging IssuesPeople want good policing and security. When welook for safety, we look for men in uniform. If policehave to fear for their life, how will they protect thepeople and the system? Is it necessary to haveeconomic budget allocation for police and qualityarmoured vehicle to provide protection duringemergency operations? National security budgetinghas to be given priority. There needs to be aparadigm shift in allocation of money in this regard.The realization that the government was incapableof providing security devices to police officialsinspite of protecting this commercial capital withtheir better police leadership has literally shakenup Mumbai.ReferenceBusiness Line, Mumbai Attacks add to air careerswoes, page 1 land Mumbai Attacks strikes take tollon Goa tourism sector, page 4, 30/11/08Godbole, Madhav, 1999, Mirage of reforms,Policespeak, A symposium on the role of police inour society www.india-seminar.comGovernment of Maharashtra, 2003, Economic Surveyof Maharashtra, 2002-03, MumbaiHindustan Times, 2008, 3 December, p3Krugman Paul, 2004, The Costs of Terrorism: WhatDo We Know?" presented at Princeton University inDecember.Mumbai Mirror, 2008, 28 November, p.3, p.7, p.10,p.29.National Crime Records Bureau,2008, StatisticalAbstract India, Ministry of Home Affairs, New Delhi.The budget of thepolice needs to begiven a higher priority.The process ofeconomic liberalisationand globalisation set inmotion cannot becarried forward, if lawand order is notmaintained.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 61➢

Key WordsRapeMarital RapeKindsEffect- physical,psychological, etc.International viewIndian response*Debdatta Das (National LawInstitute University, Bhopal)Marital Rape : The Assasination of aWoman's DignityIntroductionRape is the most heinous offence committed on awoman. It is worse than a murder. The victim diesthousand deaths, even when she is alive. Althoughit is not her fault, in every case of rape we haveseen, without exception, the violated woman isdiscriminated against and made to feel as if it isshe who were the criminal. Society looks uponthe offenders with a kinder and more lenient eye.Every woman dies within when she is raped.Marital rape is a taboo subject rarely discussed.Yet it affects millions of women. Ten to fifteenpercent of women in the US report being rapedby their husbands. In recent decades, a few noblewomen have struggled to highlight this issue andbring it to the attention of lawmakers, judges,senators and ordinary citizens. Marital rape occursirrespective of age, social standing, education,race or ethnic origin. Research shows that rapeby husbands is as terrifying and degrading asrape by strangers.When one mentions the word rape, the tendencyis to think of someone who is a stranger, an evil,malicious person. No one ever thinks of rape inthe context of marriage. Women themselves findit difficult to believe that a husband can rape hiswife. After all, how can a man be accused ofrape if he is only availing of his conjugal rights?Despite the unwillingness to recognize maritalrape as a crime, the fact remains that maritalrape is prevalent throughout society. Women'sbodies are outraged, regardless of theireducational qualifications, class or status. Womenthemselves donot make a noise about it or talkabout their experiences. This is because culturesDebdatta Das*worldwide discourage their women from openlydiscussing sexual matters, let alone withinmarriage. Most women donot even think of rapeby their husbands as marital rape.The quiet truth behind cultural curtains coveringthis topic is that marital rape affects millions ofwomen every year. According to a study done byDiana Russell in San Francisco, a minimum often to fourteen percent of women are being rapedby their husbands. Twenty-five percent of all rapes(including rapes by strangers) are inside themarriage, by the husbands. It happens in fiftypercent of abusive marriages. It is already a wellknownstatistic that 50 percent of married womensuffer from abuse at some point in theirmarriages. This means that in 25 percent of allmarriages, rape and other forms of sexual abuseare taking place. According to Diana Russell, onein every seven married women are raped by theirhusbands. Of all rape cases reported, ten percentare attributed to husbands. However, this numberis likely way below the reality, since in thisauthor's opinion thousands never report the rapeinside the marriage. It is too shameful to do so.Marital RapeThe term 'marital rape' refers to unwantedintercourse by a man on his wife obtained by force,threat of force or physical violence or when she isunable to give consent. The words 'unwantedintercourse' refers to all sorts of penetration(whether anal, vaginal or oral) perpetrated againsther will or without her consent.The concept of marital rape was unknown inhistory; most societies, considered it acceptablefor men to force their wives to sex. Even the62 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Marital Rape : The Assasination of a Woman's Dignityconcept of 'rape' as an invasion of the physicaland psychological integrity of woman was nonprevalent. Not surprisingly, therefore, marriedwomen ravished at the hands of their partnersnever formed the subject of rape laws. In fact,the laws bestowed an absolute immunity on thehusband in respect of his wife, solely on the basisof marital relations. It asserted the husband'sunquestioned right to intercourse with his wifeand her duty to submit. The latter's right tofreedom of choice in marital relations and thehusband's duty to respect that right wascompletely overshadowed by the patriarchal laws.Sir Mathew Hale 5 emphasized that the husbandcannot be guilty of rape committed by himselfupon his lawful wife for by their mutualmatrimonial consent and contract, the wife hathgiven up herself unto her husband which shecannot retract. Ultimately, it was in the 1970s inAmerica that women activists raised their voicesfor elimination of the marital rape exemptionclause and extension of the guarantee of equalprotection to women.Marital rape is different from physical and sexualviolence. It is betrayal of trust. Here is a personwhom you thought you knew intimately, withwhom you share a history, a home and quiteoften children. Here is a person whom you havemade love to on a frequent basis often over manyyears, with whom you have shared your mostintimate secrets and fears, and whom you believeto love you, want the best for you, who wouldnever intentionally hurt you. Marital rape is sodestructive because it betrays the fundamentalbasis of the marital relationship, because itquestions every understanding you have not onlyof your partner and the marriage, but of yourself.You end up feeling betrayed, humiliated and, aboveall, very confused.Review of LitteratureThe article written by Barb Kiffe, on marital rapestates that marital rape is seldom given thelegitimacy or validity of other forms of sexualviolence, but it can be just as devastating. Whatsets marital rape apart is that the victim has tolive with her rapist. Barb Kiffe in her article refersto Diana Russell's study of over 900 marriedwomen in 1978 revealed that 14 percent had beensexually assaulted in some way by their husbands.The article deals with marital rape in U.S. legalsystem. It highlights the issues like societal beliefsand misconceptions contributing to the toleranceof marital rape, effects of marital rape, therelationship between marital rape and battering.Marital Rape: New Research and Directions is avery interesting article on the issue. It statesapproximately 10-14% of married women areraped by their husbands in the United States.Approximately one third of women report having"unwanted sex" with their partner. It highlightsunder what circumstances are women particularlyat high risk of being raped by their partners.It also throws light on the psychological impactof the marital rape victim. This research indicatesa need for those who come into contact withmarital rape survivors– police officers, health careproviders, religious leaders, advocates andcounselors–to comprehensively address thisproblem and provide resources, information andsupport. Those who work in batterers' interventionprograms should also work to eliminate maritalrape and to comprehensively address sexualviolence.In Marital Rape: A scar on the face of civilizedsociety, Gaargi Bhatt writes "In India marital rapeexists de facto but not de jure. While in othercountries either the legislature has criminalizedmarital rape or the judiciary has played an activerole in recognizing it as an offence, in Indiahowever, the judiciary seems to be operating atcross-purposes. In Bodhisattwa Gautam v. SubhraChakraborty, the Supreme Court said that rape isa crime against basic human rights and a violationof the victim's most cherished of fundamentalrights, namely, the right to life enshrined in Article21 of the Constitution. Yet it negates this verypronouncement by not recognizing marital rape.Though there have been some advances in IndianAbstractMarriage is the mostsacred institution ofsocial living. The basicedifice on which thesanctity of thisinstitution rests is trust,respect and love. Butoften an insight into thereality of this institutionmakes us realize thatvirtues mentionedabove often getevaporated and factorslike adjustment,sacrifice, surrenderplay a predominant role.Marriage is not alwaysall beautiful, but it is aThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 63➢

Marital Rape : The Assasination of a Woman's Dignitybed of roses which hasthorns too.Rape per se, is one ofthe world's mostheinous crimes. Maritalrape is one of theworld's most draconianpractices to which oursociety is a witness.Traditionally, culture,conservatism, socialmyths and taboos,male superiority aresome of the factorswhich never let the factof marital rape tosurface in the society.Women either considerit to be a part of herlegislation in relation to domestic violence, thishas mainly been confined to physical rather thansexual abuse. Women who experience and wishto challenge sexual violence from their husbandsare currently denied State protection as the Indianlaw in Section 375 of the Indian Penal Code, 1860has a general marital rape exemption." Furthershe highlights In India, the Protection of Womenfrom Domestic Violence Act, 2005 (passed inAugust 2005; entered into force October, 2006)criminalizes marital rape as a form of domesticviolence, and therefore, attracts a lesser jail termthan non-marital rape.Kinds of Marital RapeMarital rape is generally sub-divided into threecategories: those rapes which involve a degreeof violence, those that use enough force to controlthe victim, known as 'force-only' rapes, andsadistic rapes.Violent rape occurs, as the name suggests,when the abuser uses enough physicalviolence to cause injury to the victim, apartfrom any injuries due to the rape itself, i.e.injuries to the genital area or breasts.Examples would include the husband punchinghis wife or injuring her with a knife - the rapebeing part of a violent assault, or the violencebeing a part of the rape. Many abusers willalso force their wives to submit to sexual actsafter a physical assault, either to prove herforgiveness or to further intimidate andhumiliate her - and if the wife should refusesuch an act, even the threat of further violence(or a previous experience!) will soon ensureher compliance. Battering rapes in which thehusband rapes and simultaneously batters hiswife also comes within this ambit.'Force-only' rape is usually understood toinclude only enough force used on the part ofthe abuser to control or hold his wife inposition, e.g. holding down the victim by herarms or wrists to prevent her defending herselfor escaping. This form of rape is commonwhere there is a larger contrast between thephysical size and strength of abuser andvictim, or in abusive relationships wherephysical violence is infrequent or non-existent(in so far as one does not categories sexualassault itself as a violent act). In most casesof 'force-only' rape, coercion plays a large part.The victim may also be so confused andnumbed by constant emotional abuse, that shesimply does not know how to act or reactwhen sex is forced on her.Sadistic rape is sometimes also present. Thistends to indicate that in addition to the rapeitself, the victim is either forced to complywith or undergo deeds designed to furtherhumiliate her. Examples of this would be theabuser/rapist urinating on the victim, actingout a fantasy of torturer, or using other objectduring a rape. Sadistic rape may or may notinvolve further violence. Some people considerbuggery as a sadistic form of rape, since itseffect on victim is often particularlyhumiliating. Pornography is frequently involvedin this kind of rape. It is also known asObsessive rape.Finkelhor and Yllo Talk in their book 'Men WhoRape' have added apart from the aforesaid kindsof rape, two more types of the same. These are :Anger rapes, which are committed primarily toexpress hostility to women, to retaliate againstthem and to hurt them. In this type of rape, thehusband will degrade the victim/wife as muchas possible. He may force her to commit othersexual acts which are particularly degrading, suchas sodomy or fellatio, meaning bestiality.Power rapes are committed to assert dominanceand control over women. It is not really the intentionof the husband to harm; he just wants to assert hiscontrol over her. The rape reflects a kind of sexualconquest, which in a normal healthy relationship isnot necessary. But in this case, the husband needsit due to his own feelings of inadequacy. That iswhy, when a wife with passage of time becomes64 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Marital Rape : The Assasination of a Woman's Dignitymore assertive, indignant or rebellious, this kind ofrape is more likely to happen.It is difficult defining clear-cut lines between thedifferent types of rape, since rape can involveany of the above or a combination of them. Forinstance, the rapist may use coercion tactics andenough force to control the victim initially, butthen use increased violence if the victim struggles.Many victims of marital rape feel guilty for nothaving struggled more, or have been told that ifthey did not try to physically fight their abuserand thereby sustained injuries, that it is not 'realrape'. This can be extremely distressing and addto the trauma already experienced. What has tobe remembered is that when you are living withyour abuser, you are often very finely tuned tohim, employing numerous coping mechanisms tolimit the damage to yourself: you may realizeeither consciously or subconsciously that if youstruggle, he is likely to get violent or take hisanger out on you in other ways.Other reasons a woman may not fight back areso as not to disturb children sleeping nearby,thereby risking them witnessing the rape; shockor confusion at what is happening whichparalyses her; and real concern for her abuser,which results in her not wanting to do anythingwhich may harm or injure her rapist even to thedetriment of herself.Research seems to indicate that in the context ofan abusive relationship, the woman is most likelyto be subjected to rape towards the end of therelationship, or after she has left, though severalwomen have reported that their boyfriends rapedthem at the very beginning of their relationship -which is reminiscent of the ancient custom ofcapturing and raping women to be able to claimthem as wives. It would appear that where rapestarts in an established relationship, that rape isoften used by an abuser when other controltactics, such as isolation or emotional abuse areno longer sufficient to maintain his power andhold over her, or to punish her for either leavingor trying to leave. Only too often, this works.Effects of Marital RapeDue to popular stereotypes of "real" rape, it isoften assumed that because spouses have beensexually intimate, forced sexual intercourse inmarriage is not as traumatic as rape by astranger.Rape by a stranger can be highly traumatic butis usually a one-time event and is clearlyunderstood as rape. In the case of rape by aspouse or long term sexual partner the history ofthe relationship affects the victim’s reactions.Marital rape is likely to be part of an abusiverelationship. Trauma from the rape adds to theeffect of other abusive acts or abusive anddemeaning talk. Furthermore marital rape is likelyto happen repeatedly. The effect of marital rapeis homicidal for the woman both psychologicallyor emotionally and physically.Women are at particularly high risk for beingraped by their partners under the followingcircumstances :Women married to domineering men whoview them as "property"Women who are in physically violentrelationshipsWomen who are pregnantWomen who are ill or recovering from surgeryWomen who are separated or divorcedMany factors contribute to the difficulty that manywomen have in recovering from marital rape. Theissues are complicated. First is the fact that therapist is a close acquaintance, and as in otherforms of acquaintance rape, healing can be a verylong and difficult process. The survivor may notrecognize that she was sexually violated, and somay think that her feelings of fear, revulsion,depression or anger mean that she is crazy orsomehow flawed. Because the perpetrator wasat one time trusted and loved, the survivor islikely to deal with bitter feelings of betrayal andfate or it is thought tobe a part of theconjugal right of theman which licenseshim to exert force ordisregard the will of hisconjugal partner.It was only in the lastfew decades that theapproach of the societytowards this vice hasstarted to undergo achange. The cry ofinternationalorganizations andwomen emancipationgroups towards thisIssue are responsiblefor this positiveThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 65➢

Marital Rape : The Assasination of a Woman's Dignitymovement. Differentcountries areincorporatingrespective changes intheir legislations tocriminalize thispractice. But thisconsciousness is yetto be realized in theIndian legal system.No country, no society,no neighborhood, nofamily is oblivious ofthis social malice ofmarital rape. But inspiteof this fact, we still livein a society where it isthought better not todiscuss it andbroken trust, and may feel she cannot trust herselfto decide which people are safe and which arenot. Feelings of grief and loss are common forvictim/survivors of marital rape because the rapeis a break in an important relationship. Thesurvivor may still love her assailant, and mayfeel terribly torn and confused because of this.She may experience a great loss of self-esteem,and feel worthless because someone who "loved"her did something so horrible to her.The loss of control over her own life is alwaysan issue for a sexual assault survivor, but whenthat assault takes place within marriage the lossis extreme. When the sexual violence is a part ofa pattern of physical and emotional abuse, thevictim/survivor is likely to feel even morepowerless because of the controlling behavior ofher spouse. The survivor cannot go home to findsafety and support because the cause of thetrauma is in the home; there may seem to be noplace of safety anywhere.Lack of support from family and friends is alsooften a problem. Some other difficulties may arisefor a woman if the assailant/husband is also theeconomic provider for the family, or the father ofher children. For women in this situation, adecision to confront the perpetrator, report thecrime or even try to escape would mean riskingloss of income, loss of home and loss of children,not to mention the loss of a spouse. For somewomen, the ability to "keep a man" is importantto feelings of self worth, and they may feel itnecessary to put up with the violence All theseentanglements and more, along with the religiousand social beliefs mentioned above, may functionto keep women in marriages where they areraped. This sense of entanglement may cause asurvivor to feel that she is, therefore, responsiblefor the abuse. In addition, survivors who see noway of escape may deny or minimize the violencethey live with in order to survive it.In Marital Rape: In New Research and Directionsit has been said that despite the myth that hashistorically existed that rape by one's partner isa relatively insignificant event causing littletrauma, research indicates that marital rape oftenhas severe and long-lasting consequences forwomen. The physical effects of marital rape mayinclude injuries to the vaginal and anal areas,lacerations, soreness, bruising, torn muscles,fatigue, and vomiting. Women who have beenbattered and raped by their husbands may sufferother physical consequences including brokenbones, black eyes, bloody noses, and knifewounds that occur during the sexual violence.Specific gynecological consequences of maritalrape include vaginal stretching, anal tearing, pelvicpain, urinary tract infections, miscarriages,stillbirths, bladder infections, infertility, and thepotential contraction of sexually transmitteddiseases including HIV/AIDS. A study conductedby Maman, Campbell, Sweat, and Gielen (2000)found that there is a relationship betweenincreased HIV risk and forced sexual intercourse.Most notably this is the result of women's inabilityto use barrier contraceptives because of theirpartners' threats or refusal to use condoms(Bennice & Resick, 2003; Eby et al., 1995). Theinability to use contraception may also lead tounwanted pregnancy.Some researchers have compared thepsychological effects of being raped by one'spartner to other forms of violence. Given thatwomen who are raped by their partners are likelyto experience multiple assaults, completed sexualattacks, and that they are raped by someonewhom they once presumably loved and trusted,it is not surprising that marital rape survivorsseem to suffer severe and long-term psychologicalconsequences. Similar to other survivors of sexualviolence, some of the short-term effects of maritalrape include anxiety, shock, intense fear,depression, suicidal ideation, disordered sleeping,and post-traumatic stress disorder. Women rapedby their intimate partners are more likely to bediagnosed with depression or anxiety than thosewho are victims of physical violence and thosewho were sexually assaulted by someone otherthan one's partner. Long-term effects often includedisordered eating, sleep problems, depression, and66 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Marital Rape : The Assasination of a Woman's Dignitysexual distress, problems establishing trustingrelationships, distorted body image, and increasednegative feelings about themselves.Research has also indicated that the psychologicaleffects are likely to be long lasting-some maritalrape survivors report flashbacks, sexualdysfunction, and emotional pain for years afterthe violence. An issue that has not receivedsignificant attention is how marital rape affectschildren. In one of the few studies to examinethis question, Campbell and Alford (1989) foundthat 5% of the women in their study indicatedthat their children had been forced by theirpartners to participate in the sexual violence and18% of the women indicated that their childrenhad witnessed an incident of marital rape at leastonce (in Mahoney & Williams, 1998). Moreresearch is needed to fully understand theimplications of marital rape for children and othermembers of the family.Marital Rape : An International ViewIn 1995 at the UN Convention on Women's Rights,a group of noble women made sure that theforthcoming official UN document declared maritalrape to be a crime against women and aconvictable offense. Marital rape was declared afundamental violation of human rights. Thedelegates at the 1995 UN Convention on Women'sRights in Beijing agreed on "strong planks thatcall for punishment of domestic violence, includingmarital rape..." According to the Center forConstitutional Rights, "Every woman has the rightto control her own body and to make decisionsabout having sex, using birth control, becomingpregnant and having children. She does not losethese rights if she marries." The Center forConstitutional Rights gives a somewhat morelengthy definition of marital rape as being sexualacts done against a wife's wishes either byphysical force, by threats of force or by makingher fear that she will come to harm if she resists.The husband may use simply psychological oremotional abuse (glaring looks and verbal rages)to make her comply. He may use coercion, verbalthreats, physical violence or weapons to forcehis wife to have sex with him. It is a completeabuse of power. It is the husband's attempt toassert control and to dominate his wife. The pointis, if she submits to sex out of fear or terror, it isrape. Taking sex by force when the wife is asleepor sick is also termed as rape.Marital rape is rampant in countries around theworld. In the Philippines congressmen declaredthat there was no such thing as marital rape, butin spite of these dense derelicts an antirape lawhas been passed in the Philippines. Canada andAustralia now have passed laws only in the pastdecade against marital rape. Namibia, Mexico,Ecuador and Honduras have also passed antimaritalrape laws. Sweden had passed such alaw way back in the 70s but it has been rarelyimplemented. Some countries have finally passedanti-rape laws but it continues to be a tremendousstruggle to get marital rape included in that law.Nepal has long back outlawed marital rape. TheSupreme Court of Nepal has declared thathusbands who force their wives to have sex cannow be charged with rape. It takes great couragefor a woman to file a case against her husbandclaiming marital rape. Turkey passed anti-maritalrape laws in 2005 and Thailand and Mauritiusonly in 2007. In Sri Lanka Marital rape isconsidered an offense only in cases of spousesliving under judicial separation. Apart from thesecountries like Argentina, Austria, Barbados, Belize,Bulgaria, Croatia, Cyprus, Denmark, the FijiIslands, Finland, France, Georgia, Germany, HongKong, Ireland, Israel, Macedonia. The Netherlands,New Zealand, Norway, Poland. South Africa,Spain, Taiwan, Trinidad/Tobago, Uzbekistan, andZimbabwe also criminalize marital rape.Marital Rape: Judicial response in USAIt should be noted, that cultural norms and theperceived social stigma attached to rape oftendiscourage the reporting of marital rape, andprosecution is very rare in many countries.Until 1976, marital rape was legal in every statein the United States. Although marital rape is nowindirectly, unknowinglyand unwillingly weencourage it. Thisconservative outlook isgetting reflected in ourlegal system too,which is a matter ofconcern. In U.K. it wasthe year 1991 and inU.S. it was the year1993, which recognizedmarital rape as acriminal offencethroughout thecountry. It is high timethat the requiredamendments need tobe brought into ourlegislations so that aThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 67➢

Marital Rape : The Assasination of a Woman's Dignityright response can bemade to such socialevils.a crime in all 50 states in the U.S., some statesstill do not consider it as serious as other formsof rape. The only states that have laws that makeno distinction between marital rape and strangerrape are Colorado, Delaware, Florida, Georgia,Indiana, Massachusetts, Montana Nebraska, NewJersey, New Mexico. North Carolina, NorthDakota, Oregon, Texas, Utah, Vermont, Wisconsinand the District of Columbia. These states haveno marital rape exemptions.The first marital rape case to reach the U.S. legalsystem took place in 1978 in New Jersey, whereDaniel Morrison was found guilty of raping hisestranged wife. Six months later in Oregon, JohnRideout became the first husband charged withrape while living with his wife. Rideout wasacquitted, but the case was widely publicized andbrought attention to the concept that rape can existwithin the context of marriage. Many states(including Minnesota) at that time defined rapeas forced sexual intercourse committed by a man"against a woman [not his wife]." In 1979, thestate of Massachusetts charged and convicted amarital rape case. In 1981, Minnesota statuteswere changed to acknowledge the existence ofrape in marriage; Ramsey County was the firstto charge a case under this statute, but laterdismissed it. There have since been subsequentsuccessful prosecutions of marital rape, but ingeneral the cases are hard to win, primarilybecause the question of consent is clouded bysocietal beliefs about marriage.On July 5, 1993, marital rape became a crime inall 50 states, under at least one section of thesexual offense codes. In 20 states, the District ofColumbia, and on federal lands there are noexemptions from rape prosecution granted tohusbands. However, in 30 states, there are stillsome exemptions given to husbands from rapeprosecution. In most of these 30 states, a husbandis exempt when he does not have to use forcebecause his wife is most vulnerable (e.g., she ismentally or physically impaired, unconscious,asleep, etc.) and is unable to consent. Womenwho are raped by their husbands are likely to beraped many times-often 20 or more times. Theyexperience not only vaginal rape, but also oraland anal rape.Marital Rape: Judicial response inUnited KingdomThe marital rape exemption was abolished inEngland and Wales in 1991 by the House of Lords,in its judicial capacity, in the case of R v R [1992]1 AC 599. The exemption had never been a ruleof statute, having first been promulgated in 1736in Hale's History of the Pleas of the Crown, wherehe stated:"But the husband cannot be guilty of a rapecommitted by himself upon his lawful wife, forby their mutual matrimonial consent and contractthe wife hath given up herself in this kind untoher husband which she cannot retract."The statement was not supported by any judicialauthority but was believed to be a logicalconsequence of the laws of marriage and rapeas historically understood. Marriage gaveconjugal rights to a spouse, and marriage couldnot be revoked except by private Act ofParliament - it therefore seemed to follow that aspouse could not legally revoke consent tosexual intercourse, and if there was consentthere was no rape.The principle was repeated in East's Treatise ofthe Pleas of the Crown in 1803 and in Archbold'sPleading and Evidence in Criminal Cases in 1822,but it was not until R v Clarence (1888) 22 QBD23 that the question of the exemption first arosein an English courtroom. Clarence was determinedon a different point, and there was no clearagreement between the nine judges regarding thestatus of the rule.The first attempted prosecution of a husbandfor the rape of his wife was R v Clarke [1949] 2All ER 448. Rather than try to argue directlyagainst Hale's logic, the court held that,although the proposition may be sound, consent68 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Marital Rape : The Assasination of a Woman's Dignityin this instance had been revoked by an orderof the court for non-cohabitation. It was the firstof a number of cases in which the courtqualified the rule by delineated exemptionswhere the rule did not apply, notably R vO'Brien [1974] 3 All ER 663 (the obtaining ofdecree nisi), R v Steele (1976) 65 Cr.App.R. 22(an undertaking by the husband to the courtnot to molest the wife) and R v Roberts [1986]Crim LR 188 (the existence of a formalseparation agreement).There are at least four recorded instances of ahusband successfully relying on the exemptionas a defense to the charge of rape in Englandand Wales. The first was R v Miller [1954] 2 QB282, where it was held that the wife had notrevoked her consent despite having presented adivorce petition. R v Kowalski (1988) 86 Cr. App.R. 339 was followed by R v Sharples [1990] CrimLR 198, and the fourth occurred in 1991 in thecase of R v J, a judgment made after the firstinstance decision of the Crown Court in R v Rbut before the decision of the House of Lords thatwas to overrule the exemption. In Miller, Kowalskiand R v J the husbands were instead convictedof assault or indecent assault.R v R in 1991 was the first occasion where themarital rights exemption had been appealed asfar as the House of Lords, and it followed the trioof cases since 1988 where the marital rightsexemption was upheld. The leading judgment,unanimously approved, was given by Lord Keithof Kinkel. He stated that the contortions beingperformed in the lower courts in order to evadethe marital rights exemption were indicative ofthe absurdity of the rule, and held, agreeing withearlier judgments in Scotland and in the Court ofAppeal in R v R, that "the fiction of impliedconsent has no useful purpose to serve today inthe law of rape" and that the marital rightsexemption was a "common law fiction" which hadnever been a true rule of English law. R's appealwas accordingly dismissed, and he was convictedof the rape of his wife.Marital Rape : Legislative and Judicialresponse in IndiaIn Thomas Babington Macaulay's draft of theIndian Penal Code, there was clear preference ofthe rights of the husband over his wife againstthe wife's right to herself. The wife was notentitled to accuse her husband of rape, whateverare the circumstances. But this provision basedon common law was not suitable to Indianconditions, especially at a time when childmarriages were rampant. The low age ofmarriage should have facilitated the LawCommissioners to afford protection to child bridesfrom sexual assaults. But Macaulay was muchengrossed with the English Criminal Law Systemand Victorian notions of morality emphasizing thelow status of women in society and thereby, failedto realize the injury which such provisions coulddo to the female populace.However, today the exception provided to Section375 of the Indian Penal Code reads that "sexualintercourse by a man with his own wife, the wifenot being under fifteen years of age, is not rape".Thus it can be said that the Indian Penal Codefails to criminalize the grievous offence of maritalrape. The provision only acts as a remedy to thebitter consequences of a child marriage to whicha young female often falls prey to. Further Section376 makes a distinction between, when the wifeis below 12 and above 12 and below 15. Whenshe is below 12, the penalty is severe, i.e.imprisonment of either description for a term,which shall not be less than seven years butwhich may be for life or for a term which mayextend to 10 years and fine. If, however, the wifeis not under 12, i.e. she is above 12 but below15, the punishment is milder i.e. imprisonment ofeither description for a term which may extend totwo years or fine or both.Under the Indian Penal Code, under Section 376Asexual intercourse with one's own wife withouther consent under a decree of separation, or whileshe is living separately under any usage orcustom is also punishable with imprisonment ofThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 69➢

Marital Rape : The Assasination of a Woman's Dignityeither description for a term which may extend totwo years and shall also be liable to fine.In fact, the Law Commission of India in its 42ndreport had put forward the necessity of excludingmarital rape from the ambit of Section 375. Thenthe 84th report of the Law Commission in April1980 disagreed with the restructuring suggestedby the former report. They felt that sucharrangement would "produce uncertainty anddistortion "and hence Section 375 should "retainit's present logical and coherent structure." Withregard to age, however, they were of the opinionthat it should be increased to 18 years. Even the172nd report of the Law Commission on Reviewof Rape Laws (March 2000) has preferred toadhere to its earlier opinion of non-recognition of"rape within the bonds of marriage "as such aprovision "may amount to excessive interferencewith the marital relationship". The only suggestionmade is (again) with regard to age that may beenhanced from 15 to 16 years. However, the205th Report of the Law Commission of Indiadated February 2008, has recommended that theexception to the rape section 375 of the IndianPenal Code, be deleted. This would ensure thatthe age of consent for sexual intercourse for allgirls, whether married or not, is 16.The 172ndreport of the Law Commission had recommendedincreasing the age of all girls for consent to 16.The Protection of Women from Domestic ViolenceAct, 2005 states that it is an Act to provide formore effective protection of the rights of womenunder the Constitution who are victims of violenceof any kind occurring within the family and formatters connected therewith or incidental thereto.Though the said Act nowhere mentions the termmarital rape but the essence of the heinous actcan be covered within the definition of DomesticViolence given under Section 3 of the Act. It statesthat for the purpose of this Act, any act, omissionor commission or conduct of the respondent shallconstitute domestic violence in case it, amongother criteria, harms or injures or endangers thehealth, safety, life, limb or well being, whethermental or physical, of the aggrieved person ortends to do so and includes causing physicalabuse, sexual abuse, verbal and emotional abuseand economic abuse. Even if the act has theeffect of threatening the aggrieved person or anyperson related to her by any conduct mentionedbefore, such act too shall come within the ambitof domestic violence. The explanation attachedto the section states that sexual abuse includesany conduct of a sexual nature that abuses,humiliates, degrades or otherwise violates thedignity of woman. It is important to note that thisAct too has failed to criminalize marital rape andhas provided only civil remedies. The provisionsof Section 31, which states that imprisonment ofeither description for a term which may extendto one year, or with fine which may extend totwenty thousand rupees, or with both, apply onlyin case of a breach a protection order, of aninterim protection order, by the respondent.The National Commission for Women has alsosuggested that sexual intercourse by a husbandwith his own wife against her consent should beshould also be considered sexual assault. TheCommission had released a report 'Rape: A LegalStudy, which stated that marital rape should berecognized as a criminal offence. Certain NGO's,Women's Groups, including The All IndiaWomen's Association and Sakshi, an NGOworking for women's rights, have alsorecommended that marital rape be recognizedas rape.SuggestionsBased on realizations and experiences whileworking on this issue, author would like to makethe following suggestions:Make the young generation conscious of suchgruesome act so that they themselves develophatred towards it.Women need to come out of the social taboosand develop a very pragmatic temper.It is high time that India should realize theneed of criminalization of marital rape. The70 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Marital Rape : The Assasination of a Woman's Dignitypresent laws should be done away with,amended and required laws should beadopted.The machinery functioning to counter suchacts should make it easy for a women toaddress her grievance and make availablesuitable relief.The judiciary should be trained and sensitizedto treat women specially on such delicateissues with empathy rather than sympathy.The Women's Commissions and NGO'sshould be engaged in more acidic activitiesin making the Legislature realize the need ofpassing specific laws to combat marital rape.Recommendations already made on thisissue need to be implemented and the opinionof the international forum on this should berespected.The society should provide a supportiveshoulder to the victim of marital rape and actas a encouraging organ for the victim to buildconfidence and strength to face the world andfight for her right and dignity.Lastly, though this might apparently sound tobe vague, but in my opinion this too requiresa mention. The term marital rape oftenconveys the idea that it is only the womanwho is at the suffering end. In today'schanging world which breathes of equality ofsexes concepts should not be given arestricted meaning but should be assigned thewidest possible explanation. Keeping this inview marital rape should also be so definedthat the victim of rape involved in maritalrelationship can be of either sex. It may soundutopic in rural set up but is not irrelevant inthe changing urban scenario. However, it isbeyond any doubt that in more than majorityof the cases it is the woman who suffers,just as she is the "weaker sex" in therelationship.ConclusionThe Universal Declaration of Human Rights,Article 1 states. "All human beings are born freeand equal in dignity and rights". But in spite ofsuch flamboyant declarations of human rights inthe international spectrum and guarantees like Art.21 of the Indian Constitution, assassination of awoman's dignity in the form of marital rape is avery rampant occurance. Marital rape does notonly involve the physical rape but also involvesthe rape of trust, confidence, respect and loveinvolved in the most sacred institution of marriage.The myths related to the act of marital rape mustbe shirked off. It is no less an offence than murder,culpable homicide or rape per se. It denigratesthe honor and dignity of a human being, andreduces the victim to a chattel to be utilized forone's self-convenience and comfort. It reducesthe victim (woman) to a corpse, living under theconstant fear of hurt or injury.Law always plays a very important role in thesociety. It lays down the framework which helpsachieve a disciplined and harmonious societywhere rights of every individuals are respected.In order to counter and combat any social evil,assistance of law is indispensible. Thetransformation that is desired to be brought aboutin a society for a better and healthy future andliving can be engineered by banking on therelevant laws and the entire legal and judicialsystem. History speaks of various such exampleswhere laws have been framed to irradicate fromthe society various such practices which causesdisgrace for the society rather than help it toprogress, for example the laws on widowremarriage. Marital rape also suffers from variousmyths and taboos attached to it. It is not easy tochange the psyche or the mindset of the massesbut an attempt to influence the same in thepositive direction can definitely be made. Framingof relevant, pragmatic and ambitious laws on theissue of marital rape is indeed very important,so that the society can be disinfected from sucha curse called marital rape.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 71➢

Marital Rape : The Assasination of a Woman's DignityThe time is ripe for the Indian Legislature towake up from its years of slumber and makeamendments to the Indian Penal Code. Severaljurisdictions of the world have eitherrecognized marital rape as an offence or elseset in motion the task of breaking the shacklesof traditionalism. Marital rape is prevalent inevery city, every town, very village of India,it might even be happening in our ownneighbourhoods; the only difference is that wehave turned a blind eye to the issue. Thelawmakers must realize that if the sanctity ofthe Constitution is to be maintained, the dignityand honour of the womenfolk must berespected. The fundamental duty of everycitizen of India to denounce practicesderogatory to the dignity of women as well asto value and preserve the rich heritage of ourcomposite culture is pointer to that very fact.The culture and tradition of India puts emphasison strength not abuse, equality not power andcontrol. If such heritage is to be reinstated inIndian life, women must find a place ofrespect. And for this as said by Garda Ghost,"We need to join hands with all those goodpersons who fight this heinous injustice towomen."Manu had said:“Where females are honoured, there the deitiesare pleased; but where they are dishonoured,there all religious rites become useless. Womenmust be honored”.Reference1. http://en.wikipedia.org/wiki/Spousal_rape2. Marital Rape: A Scar On The Face Of TheCivilized Society,http://midgetentity.rediffiland.com/blogs/2007/12/12/Marital-Rape-A-scar-on-the-face-ofcivilized. html3. http://www.hiddenhurt.co.uk/Articles/maritalrape.htm4. www.wcsap.org/advocacy/PDF/MaritalRapeDekota.pdf5. http://new.vawnet.org/category/Main_Doc.php?docid=2486. License to Rape, Gender Justice, edt. byChakraborty, Dr. N.K. and Chakraborty, Dr.Sachi, Cambray.72 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Silence of the Law on Marital RapeGunjan Chowksey & Shantanu Srivastava*IntroductionThe first and the foremost question we want to putup before the society is that what name should begiven to a 'forcible sexual intercourse' of a man withhis own defenseless wife. The only possible answerto this is 'Marital Rape' i.e. rape within marriage.However, in this era of rapidly developing CriminalJustice System the criminalisation of this offencein totality under the Indian Penal Code is still inremission. Although credit can be given for itsrecognition as a civil offence under the Protectionof Women from Domestic Violence Act, 2005.Therefore, the researchers through this paper wouldlike to lay emphasis on the modification of statutesfor the criminalisation of the offence of marital rapeand thus making it punishable on the lines of 'rape'as given under the Indian Penal Code. Thus, in lightof the above objective the paper seeks to study thehistory of the marital rape exemption and sought toanswer the question as to whether marital rape fitswell within the traditional definitions of crime. Apartfrom these academic issues, we also envisage astudy of the marital rape exemption in India and inEngland (where it was made a criminal offence in1991). Finally the researchers have also sought toput forth arguments against the criminalisation ofmarital rape and their rebuttals."Not enough people understand what rape is,and, until they do …..., not enough will be doneto stop it"–Rape victim, quoted in Groth 1979(p.87)Now the question that arises here is, "are womenaware that rape can happen within marriage?" Theresult of surveys clearly reveals that womenthemselves do not acknowledge that they are beingvictimised. Thus, wives are not only 'culturallylegitimate victims' but also 'ideal victims.' In such asituation, what are we to do with an act, where halfthe population (male) is dead against criminalisingit for obvious reasons and the other half seems to beignorant of its own plight. There is only a veryminuscule minority of women who have beencampaigning for making marital rape an offence.In addition to all these problems, criminalisation ofmarital rape is a political agenda too, wherebyarguments such as the "domestic privacy taboo"and "non-interventionist state" are being used tomaintain status quo in the marital relationships withundue conjugal duties upon the wife. Mythssurrounding marriage like "acquaintance rape is notreal rape" and "blanket consent in marriage" furthercomplicate matters. Also such victimization ishidden "behind closed doors" and goes unreported.However, can we still choose to ignore such actswhen we know that marital rape has long termphysical and psychological implications on thehealth of the woman and also makes the home an"impenetrable sanctuary" for husbands toperpetuate crimes under the garb of conjugal rights?Thus, it is high time that we revamp the laws tostrengthen the Criminal Justice System on the linesof the English Law where it has already beencriminalised. In pursuance of this aim, theresearchers have sought to present a study on"marital rape" in this research paper which in theWestern world is looked upon "as any sexual activityby a married or cohabiting partner that isperformed without the consent of the other partner.This includes fondling, oral sex, anal sex,intercourse, or any unwanted or forced sexualactivity" 1 . At this juncture it is pertinent to mentionthat under the Indian Law this definition of MaritalRape comes under the purview of the Protection ofWomen from Domestic Violence Act, 2005 whichrecognizes it as one of the forms of domesticviolence 2 and imposes civil liabilities.1Vernon R. Wiehe, "Understanding Family Violence" (SagePublications: 1998), at p 762Under Section 3 'Domestic Violence' is defined asKey WordsWifeRapeExemptionHistoryCrimeIPCPenalisationArgumentsPreventionJustice*Research ScholarsNational Law Institute University,Bhopal.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 73➢

Silence of the Law on Marital RapeAbstractThis paper endeavoursto strengthen theCriminal JusticeSystem of our countryby way of givingstatutory recognition tothe offence of maritalrape on the lines of'rape' as given underSection 376 of theIndian Penal Code.Although credit can begiven for its recognitionas a civil offence underthe Protection ofWomen from DomesticViolence Act, 2005 butsuch piecemealCauses and EffectsOne of the basic causes of marital rape is that in amale dominant relationship many husbands usesexual violence as a way to maintain power. 3Another important factor for raping an unwillingpair-bonded mate may be a 'male tactic of spermcompetition' which is a result of sexual jealousyof a man as a woman's sexual unreceptivity maysuggest to him that she is having consensualintercourse with another man. 4 Also abusive menwith the history of alcohol or drug problems areapt to abuse their spouses sexually when drunk orsober. Further, Russel argues that economicfactors are extremely important in understandingwhy women keep living with men who rape them.Most of the women are unemployed and dependentupon their husbands for their living and thus areunable to resist such a dreadful act.It is imperative to mention at this point that thelong term effects of marital rape includes negativefeelings toward men; low self-esteem; feeling offear, anxiety, guilt, embarrassment and outrage;changes in behaviors, including an increase indrinking and a refusal to consider remarriage;and depression. 5For the purposes of this Act, any act, omission or commissionor conduct of the respondent shall constitute domestic violencein case it -(a) harms or injures or endangers the health, safety, life, limbor well-being, whether mental or physical, of the aggrievedperson or tends to do so and includes causing physical abuse,sexual abuse, verbal and emotional abuse and economic abuse;or(b) harasses, harms, injures or endangers the aggrieved personwith a view to coerce her or any other person related to her tomeet any unlawful demand for any dowry or other property orvaluable security; or(c) has the effect of threatening the aggrieved person or anyperson related to her by any conduct mentioned in clause (a)or clause (b); or(d) otherwise injures or causes harm, whetherphysical or mental, to the aggrieved person.3Robert L. Hampton, "Family Violence-Prevention andTreatment" (2nd edn.Vol. I, Sage Publication)4Randy Thornhill and Craig T. Palmer, "Rape-A NaturalHistory of Biological Bases of Sexual Coercion" (London,MIT Press: 2000)5Supra Note 1, at 78.History of Marital Rape ExemptionBefore we proceed to understand the current legalposition of marital rape, it would be imperative tofirst comprehend the original rationale of the maritalrape exemption which was supported by 18th centurylegal scholars. For instance, Blackstone in hiscommentaries has discussed the "marital contract"under the heading of "private economical relations"and the very fact that the "husband" has beencategorised as a "superior" clearly brings out therelationship of inequality that existed between ahusband and wife. 6 According to Schouler, "living inthe same house, but willfully declining matrimonialintimacy and companionship, is per se a breach ofduty, tending to subvert the true ends of marriage,"because the man has a 'conjugal right' and thewoman has a 'duty of cohabitation'. 7Another very important doctrine envisioned byBlackstone was the "unities doctrine". According tothis doctrine, when a man and woman married, theirlegal identities merged and they became one personin the eyes of law. Therefore, "a man could no morebe charged with raping his wife than be chargedwith raping himself," 8 just as a person cannot becharged with stealing his own property. Another veryimportant argument that justifies the marital rapeexemption is the "property argument". 9 Russellargues that the origin of the marital rape exemptionwas the social understanding that women were theproperty of men, first of their fathers and then of theirhusbands. This is reflected in the first law ofmarriage, 10 a law that "obliged married women, ashaving no other refuge, and the husbands to ruletheir wives as necessary and inseparablepossession", which reduces women to objects thatmay be trespassed. Moreover, rape was consideredmerely as an "ethical crime" rather than a crime6Rebecca M. Ryan, "A Legal History of the Marital RapeExemption" 20(04) Law and Social Inquiry 941 (1995) at 4.7Id.8Lisa R. Eskow, "The Ultimate Weapon? Demythologizingspousal rape and Reconceptualizing its prosecution" 48Stanford Law Review 677 (1996) at 680.9Id.10Decreed by Romulus of Rome in the 8th century B.C.74 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Silence of the Law on Marital Rapeagainst the individual, which clearly indicates thatthe rights of women were considered to be secondaryto moral and ethical concerns of social behaviour. 11Legitimacy to this exemption was further derivedfrom the institutionalisation of these ideas in theworks of famous philosophers' thinkers andreligion. 12 In addition to all these arguments, thereis also the historical and archaic idea of marriage.The concept of marriage was evolved to "direct manto continue and multiply his species" 13 Thus, ifmarital rape is criminalised, it would defeat the veryreason for which matrimony was ordained. Legaltheorisation of the marital rape exemption camefrom Lord Mathew Hale, 14 the Chief Justice ofEngland in the seventeenth century who madecrucial contribution to the rights of marital rapistsby proclaiming that, "the husband cannot be guiltyof rape committed by himself upon his lawful wife,for by their mutual matrimonial consent and contractthe wife hath given up herself in this kind upon thehusband, which she cannot retract." Like a gospel'struth this "irrevocable consent" theory still enduresas a defining principle in the marital laws of states. 15However, in today's era such traditional legaltheories and archaic definitions of marriage fail toexplain the marital rape exemption and sound morelike a bare and brutal "license to rape." 16Is Marital Rape a Crime?“Crime is the definition of human conduct that iscreated by authorised agents in a politicallyorganised society." 17 If we accept this definition,11This was remarked by anthropologists Indrus and Bennet.12The story of a woman not being able to enter religion onceshe had been forced into sex, which was narrated bySanchez in the Disputationes De Matrimonio is a goodillustration of how the marital rape exemption was backedby thinkers and philosophers. Cited from J.L. Barton, "TheStory of Marital Rape" 108 The Law Quarterly Review 261(1992) at 261.13Supra Note 6, at 614Mentioned in the 'History of the Pleas of the Crown',published in 1736. Sourced from Raquel Kennedy Bergen,Wife Rape-Understanding the Response of Survivors andService Provider(Sage series on Violence against Women) at p. 315Supra note 6, at 947.16Supra note 6, at 953-954.17Ezzat A. Fattah, Criminology: Past, Present and Future(London: Macmillan Publication, 1997) at 34.crime cannot be created unless the state thinks so.Thus, in the Indian context the state's reluctance torecognise marital rape as an offence has been thegoverning factor and has played a major role incontinuing the marital rape exemption.However, it has also been pointed out by Durkhiemthat "an act is criminal when it offends the vigorousand well defined status of collective conscience". 1 8In the case of marital rape, however, it is only a bunchof women (at least in India) who believe that maritalrape can happen. Others are still under the influenceof patriarchal notions of marriage due to their socialconditioning and grooming. Furthermore, the societyand legislators have blinded themselves to any harmthat may be caused to the wife by hiding behind theargument of "acquaintance rape is not real rape."Since legislation continues to be the primarysource of change in a democratic society, themost viable solution is to campaign for therecognition of the offence. But under the Indianlegal system it is not an offence for a man to rapehis own wife, evidence of which is seen inexception to Section 375 and sub-section (1) ofSection 376 19 of the Indian Penal Code, 1860.Exception to S. 375 disqualifies sexual intercourseby a man with his wife not being under fifteenyears of age as rape. Thereafter, sub-section (1)of S. 376 of IPC further reinforces the exceptionto S. 375 by not providing for punishment to ahusband for having raped his own wife, who isnot under fifteen years of age. This means that ineffect the husband is granted the 'license to rape'his wife which is, however considered to besuspended when the spouses are judiciallyseparated.Marital Rape Exemption in IndiaThe redraft of Sections 375 and 376E as recommendedin the 42nd report provided for Explanation II whichexplicitly stated that, "a woman living separately fromher husband under a decree of judicial separation or by18Ibid at 36.19This section was introduced on the basis of the recommendationsof the report of the Joint Committee on the IndianPenal Code (Amendment) Bill, 1982 and the 42nd report ofthe Law Commission 1977.measures areinadequate. Thus, thecriminalization of thisoffence in India has tobe done on the modelof certain other Nationswhere it has beencriminalized (likeEngland). In light of theabove objective, thepaper seeks to studythe history of themarital rape exemptionand sought to answerThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 75➢

Silence of the Law on Marital Rapethe question as towhether marital rapefits well within thetraditional definitions ofcrime. Finally, theresearchers have alsosought to put fortharguments against thecriminalization ofmarital rape and theirrebuttals.mutual agreement shall be deemed not to be his wifefor the purpose of this section." This becomes relevantbecause the redraft of the section provided by thecommission stated that, "a man is said to commit rapewho has sexual intercourse with a woman other thanhis wife…"Another very important recommendationmade in this report was that sexual intercourse with achild wife should be made punishable. 20However, before we proceed to the other reports ofthe Law Commission, it is imperative to highlightsome serious flaws in the reasoning of the 42nd LawCommission. The reasoning of the commission inmaking forced sex with judicially separated wifepunishable seems to be based on the presumptionthat she is no longer the "wife" (de facto) and hencethe husband has no right to forcibly enforce hisconjugal rights. Such an approach shuts all doors formaking rape within marriage punishable.Coming to the 84th Law Commission's Report onRape (April 1980), 21 they claim to be adopting adifferent and wider scheme as compared to the 42ndreport. However, the researchers would beg to differfrom this since there does not seem to be any widerscheme that has been proposed in this report. Asregards marital rape they too suggest the samechanges i.e. rape of child wife and rape of a judiciallyseparated wife. 22 The only substantially differentthing they had proposed was to make punishableany rape committed by a man on his wife, if she isbelow 18 years of age, although sadly this agecondition of 18 years has not been incorporated inthe IPC. It needs to be appreciated that the changesproposed in these reports were incorporated in theform of exception to S. 375 and S. 376A of the IPC.Finally coming to the 172nd Law Commission'sReport on Rape (March 2000), 23 this report was20With rigorous imprisonment for a term which may extend upto seven years and fine if she is under 12 years of age andimprisonment of either description for a period of two years orwith fine or with both in any other case. As cited in The LawCommission of India: 42nd Report on the Review of RapeLaws (New Delhi: the Union of India Press, 1977).21The Law Commission of India: 84th Report on Rape(New Delhi: the Union of India Press, 1980) at 10.22However the structuring of the rape laws that was providedby this commission is different from the 42nd report.23The Law Commission of India: 172nd Report on the Review ofRape Laws (New Delhi: the Union of India Press, 2000) at 9.prepared in response to the directions of the SupremeCourt in 1998, whereby they were required to addressissues that were raised in the case of Sakshi v. Unionof India. 24 In this case reference was also made to thefamous English case of R v. R 25 with respect to maritalrape, to substantiate the argument that "criminals gounscathed due to mere technicalities of law." 26Coming to the report, the Law Commission hasrecommended that the Exception to S. 375 shouldbe retained in its form. 27 As regards modificationof S. 376A, the punishment, it was proposed,should be enhanced to being not less than twoyears and may also extend to seven years withfine. This was done in accordance with thereasoning put forth in the case of Sakshi that,"When a man who causes hurt or any otherphysical injury to his own wife is liable to bepunished for such offence like any other personcausing such hurt or physical injury, why shoulda husband who sexually assaults his wife…benot punished like any other person." TheCommission, while appreciating the force of thesearguments, refused to delete S. 376-A on thepretext of "not ignoring" the fact that even in sucha case the bond of marriage was unsevered.Therefore, they chose to enhance the punishmentwhile retaining the section. Thus, this report justupholds the recommendations of the previousCommissions and fails to keep pace with thechanging laws on rape. 28 Furthermore, if we lookat the Indian cases though there has been noreporting of cases of marital rape, 29 it has been24AIR 2004 SC 356625[1991] 1 All ER 74726Para 13, AIR 2004 SC 356627Rape of wife under 16 years of age has been madepunishable, which is again retrogressive because the previousreport had at least suggested raising the age of consent to 18.28Marital rape exemptions had already been incorporated inUK, USA and many other jurisdictions by this time.29No case on this issue has reached the level of a High Courtor Supreme Court. However at a trial for rape the accusedasked the judge to give his ruling on the point whether ahusband can be convicted for raping his wife where the partieswere living apart at that time. The court upheld the commonlaw rule of marital exemption for husbands. Sourced fromRatanlal and Dhirajlal: The Indian Penal Code (Y.V. Chandrachuded., 30th edn., Nagpur: Wadhwa and Company, 2004) at 717.76 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Silence of the Law on Marital Rapeobserved by a few courts that under varioustreaties and conventions, they are expected tocriminalize marital rape. 30 However, mentions ofsuch declarations are mere "rhetoric" of thejudiciary and are nothing but surplusage in ajudgment which has no real value.Having considered the inadequacies of the IPC andthe half-hearted efforts of Law Commissions, theconclusion is inescapable that 'male' legislators arestill not willing to shed their notion of marriage beingthe legitimation of all sexual intercourse withwomen, for reasons of upholding patriarchy anddenying sexual agency to women. Suchbackwardness of rape laws in India gets furtherenhanced, when seen in stark contrast to the rapelaws in most other jurisdictions where marital rapehas already been criminalised.Marital Rape exemption in UKFor the purposes of the Sexual Offences Act of 1956,the phrase "unlawful sexual intercourse" had beenheld to mean 'illicit intercourse' i.e. intercourseoutside the bonds of marriage. With a history of thefamous statement by Lord Mathew Hale, theCommon Law rule was that a husband could not beconvicted of raping his wife. 31This view of the law was so generally accepted thatthere was no prosecution of a husband for maritalrape until 1949, when law took its first turn with thecase of R v. Clarke. 32 In this case, the husband wasconvicted for raping his wife as a result of forcedintercourse with her while they were staying apartunder a decree of judicial separation. This separationorder was given on the grounds of persistent crueltytowards the wife and cohabitation had not beenresumed when the alleged act took place. Justice30In the case of The Chairman, Railway Board v. ChandrimaDas, AIR 2000 SC 988, mention was made of the Elimination ofviolence against Women, adopted by the General Assembly ofUNO in 1993, which specified that "violence against womenshould be understood as encompassing marital rape amongother things." Similarly the Vienna Declaration was referred toin the case of Pragati Verghese v. Cyril George Verghese, AIR1997 Bom 349.31Official Report (5th series), 1976, as cited in Smith andHogan, Criminal Law: Cases and Materials (6th edn., London:Butterworths, 1999) at 430.32[1949] 2 All ER 448.Byrne reasoned that in such circumstances, thewife's consent to have sexual intercourse can beunderstood to be revoked. This case is extremelyimportant by virtue of the fact that it changed thecourse of law and gave some agency to the wife.This case also left it open for interpretation as towhether consent can be said to have been revokedonly when there is a decree of separation or alsowhen the husband and wife are separated de facto.A similar situation, in fact, also surfaced in the latercase of R v. Miller. 33In addition to these cases, the Criminal Law Revisioncommittee in its 15th report 34 in 1984 proposed thatthe husband should be held liable for raping his wifein a limited set of circumstances, but also expressedapprehension about too much intervention in thebedroom.This historic change came with the Scottish case ofS. v. H.M. Advocate, 35 where the judge doubted theproposition that marriage meant express or impliedconsent on the part of the wife, even if it was againsther will and obtained by force. Shortly afterwards,the House of Lords followed the suit and the maritalexemption was abolished in the case of R v. R 36 inwhich Lord Keith cited the Scottish case withapproval and pointed out that Hale's statement hadbeen 150 years earlier and that Common Law hadevolved in that period. He also relied upon the factthat the concept of marriage had changed in moderntimes and it was considered to be a partnership ofequals. The wife, therefore, was no longer the"subservient chattel of the husband." Hale's immunityprinciple was made redundant in light of suchobservations. It was further ruled that the phrase'unlawful' in the Sexual offences act of 1976 was"mere surplusage."However, this judgment was subsequently criticizedon the ground that Lord Keith had used legal reasons33[1954] All ER 529.34Nicola Lacey and Celie Wellis, Reconstructing Criminal Law(2nd edn., London: Butterworths, 1998) at 361-362.35(1989) S.L.T. 469.36[1991] 1 All ER 747.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 77➢

Silence of the Law on Marital Rapefor following his social instincts. Although, thecriticism may be valid, by doing so Justice Keithnevertheless swept away one of the major injusticesof modern criminal law. On being accused of havingcreated a crime retrospectively, he took the defencethat it was "not the creation of a new offence but onlythe removal of a common law fiction which hadbecome anachronistic and offensive."Finally, R.'s appeal to the European Court of HumanRights was rejected on the ground that criminal lawhad an immanent capacity to adapt itself to prevailingsocial standards and, therefore, marital rape was amanifestly wrongful act. Thus, there was noretrospectivity involved in punishing R. Finally in1994, the legislature took the opportunity of theCriminal Justice and Public Order Act to endorsethis decision and removed the word 'unlawfully' fromthe statutory definition of rape. 37Though it has been noted that the symbolicimportance of these developments is immense, thereare still doubts about its practical significance dueto the general factors weighing against the reportingand successful prosecution of rape cases. Besides,it is feared that courts would take a more lenientview of marital rapes. Changes in societal moralityand behaviour cannot be achieved overnight but legalrecognition of the offence of marital rape hasdefinitely paved the way for this change.For and Against Criminalisation ofMarital Rape"If you can't rape your own wife, whom can yourape?"- California State Senator Bob Wilson, 1979. 38When such are the notions of men in the society itreally is no wonder that people get startled by theidea of criminalising marital rape. Thus, the generalarguments against the criminalisation of marital rapein different societies are as follows:Criminalisation would destroy the sacrosanctinstitution of marriage and disturb the balance37A.P. Semester and G.R. Sullivan, Criminal Law: Theory andDoctrine (Oxford: Hart Publishing, 2000) at 26. See also VanessaLaird, "Reflections on R v. R" 55(03) The Modern Law Review386 (1992).38Irene Hanson Frieze and Angela Brown, "Violence in Marriage"11 Crime and Justice 163 (1989) at 14.of conjugal rights and obligations in amarriage.Penalisation of rape within marriage would makethe state "interventionist" and would be violativeof the "right to privacy" understood to be grantedunder the Constitution.It would deny the husband the right to have sexwith his wife and would lead to encouragementof the offence of adultery as the husband wouldneed to satisfy his sexual needs outside themarriage.It would give an opportunity to the women toavenge their husbands by threatening to file acompliant of marital rape against them. The lawwould also have to rely upon the word of thewife, which complicates matters further sincethe wife could misuse the laws i.e. similar to themisuse of dowry laws and other rape laws.Since the husband is no stranger to the wife, itwill not have any devastating effect on her.Now, the researchers would like to differ from thisperception of the society as most of the abovearguments for not criminalising marital rape seemridiculous, and suffer from serious drawbacks. Ananalysis of the flaws is as follows:Firstly, a marriage in which the wife has no sayand the husband inflicts injuries on her is notworth being preserved and as a matter of factrecognising marital rape would only correct theimbalance that has been created by "men" inconjugal relations and thus, improve the wife'sotherwise powerless situation.The second argument is very obviously anexcuse for the simple reason that the state doesnot shy away from intervening in the bedroomsof homosexuals and in any case arguments likethese should not be used to let the criminals goscot-free. Therefore, there is no reason why anexception should be made with respect to maritalrape.The next argument relating to the misuse of lawsis definitely a genuine concern as there needs to78 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

Silence of the Law on Marital Rapebe a mechanism to make the justice deliverysystem effective. But again the state should notbe allowed to hide behind the excuse that maritallaws will be misused. As a matter of fact anylaw can be misused and by the above logic weshould have no laws at all.Finally, we would like to submit that the lastargument is also frivolous because it has beenrevealed in researches and studies thatacquaintance rape is as devastating as strangerrape, 39 if not more.Therefore, it is evident that all arguments againstcriminalisation are mere excuses and theunderlying objective is basically to protect thehegemony of men. Furthermore, such an attitudealso reflects on how our understanding of marriageis still rooted in archaic and patriarchal notions ofsubjugation of women.Prevention of Marital RapePrevention of partner’s abuse must occur at each ofthese levels: Personal, Community and Society.At the Personal level, eradication of sexual violencerequires that men involve women as equal partnersin relationship. Changes in the behavior of men canbe brought only when Courts, State and otherNational Legislative bodies hold men responsiblefor their behavior and work towards empowermentof all individuals regardless of gender.Preventive measures at the Community level couldbe achieved through education, which wouldhighlight equality between the sexes and problemsolving skills in resolving interpersonaldisagreements which further requires financialsupport through private and public funds at theNational, State and Community levels.At the Societal level, prevention calls for aimprovement of societal institutions and themechanisms for carrying out basic societal functionsthat fail to provide equal treatment to all members ofsociety regardless of gender. Further, it requires the39Patricia A. Frazier et al., "Acquaintance Rape is Real Rape"Researching Sexual Violence Against Women (Martin D.Schwartz ed., New Delhi: Sage Publications, 1997) at 58.development and implementation of strategies forcreating socio-political change, which is aresponsibility and task of all societal members. 40Concluding ObservationThe basic aim of having any statute on MaritalRape is to strengthen the Criminal Justice Systemof our country and for this strengthening, there isan implicit requirement that 'Marital Rape' shouldbe treated as 'Rape', notwithstanding therelationship between the parties. Finally, wewould like to go back to the question raised at thevery outset of this project: "Are women awarethat rape can happen within marriage also?" Ouranswer to this question is 'no', for the simplereason that social morality has conditionedwomen to regard sex as their marital obligation.In our submission, even if legislative changesare achieved, no substantial change can beushered into (that also explains as to why doubtshave been expressed in UK about the success ofthis abolition) unless women awaken to theircause and realise their victimisation within thehome. However, since that would require achange in social morality, there is still a longway to go before this problem is redressed.Thus, having reached at the end of this researchpaper, the researchers would like to submit that nomatter how much we wish and idealise that theconception of marriage has become companionatein the modern era, reality is that the society andlegal system are still not cleansed of the archaicand dilapidated notions of marriage which, treatwomen like property. However, due to politicalpressures and antiquated social morality,criminalisation has not been possible in manycountries. It further seems that all the efforts offeminists to explode marital rape myths and achieveits criminalisation have been in vain especially incountries like India, which is a classic example ofthe political will of the majority being imposed onothers.We would also like to submit here that all argumentsagainst criminalisation of marital rape seem more40Supra note 1, at 124The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 79➢

Silence of the Law on Marital Rapelike excuses to maintain the status quo of maritalrelationships with skewed distribution of power.However, it also needs to be admitted that problemsrelating to the proving of the offence are genuineconcerns, nevertheless they should not be anobstacle in criminalising such deviant behaviour. Itis commendable that Common Law has evolvedfrom the proposition of Hale to the abolition of themarital rape exemption in UK. The same should betaken as a motivating factor in taking Indian law onmarital rape, a step further. We are already standingat a juncture where marital rape of a judiciallyseparated wife has been made punishable underthe IPC. Further, the recently enacted Protection ofWomen from Domestic Violence Act, 2005 alsoprovides civil remedies that a woman can resort towhen she is subjected to sexual abuse by herhusband. The Act clearly mandates that the womancan, either by herself or through Protection Officers,seek protective and restraint orders, monetaryassistance and compensation from her husband, ona complaint to a Magistrate. 41 But the stage has nowcome when such piecemeal civil measures areinadequate and a more proactive approach towardsthe abolition of this exemption is required by ourCriminal Justice System. Thus, it is stronglyrecommended that the punishment of this heinousoffence of 'Marital Rape' should be same as oneprescribed for 'Rape' under Section 376 of the IPC.41On an application made under Section 12 of the DomesticViolence Act.80 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

CorrigendumIn Jan-March, 2010 issue of Indian Police Journal, the article ‘Police as An Agent ofSocial Change’ has been authored by Prof. S. K. Jha, who is Professor of Political Science(Retd.) Vinoba Bhave University, Hazaribagh & Guest Lecturer, Police Training CollegeHazaribagh. His designation has been printed as IPS (Rtd.) due to Printer’s Mistake orEditor’s Mistake. The Mistake is regretted.EditorThe Indian Police Journal Vol. LVII-No. 2, April-June, 2010 81➢

CorrigendumThe References of the paper ‘Latest Explosive Detection Technique for Baggage and Personnel Screening’by Brig. M. S. Khara & Prof. J. K. Garg could not be printed in the Jan-Mar, 2010 issue of journal due totechnical reason. Inconvenience is regretted. We are publishing it in this issue.ReferencesEditorArmed Forces International Technology Analyst (Jun 2010). New Improvised Explosive Detection Technology.Alan S. Brown (May 2006) : Airport Security : Still fighting the last war ? EHS Today the magazine forEnvironment, health and safety leaders.Arthur H. Roststein (Mar 2009) : New Border Patrol Device Uses See-through scanning, Tucson Citizencom.Christina Pomoni (Jun 10) : An overview on Back scatters X-Ray Technology, www.Bukisa.com.Committee on Assessment of Security Technologies for Transportation, National Research Council : Fusionof Security System Data to improve Airport Security, The National Academies Press, www.nap.edu/catalog.phb.C. Eliasson, NA Macleod and P Matousek (Sep 2007) : Non invasive Detection of Concealed LiquidExplosive Using Raman Spectroscopy, American Chemical Society.David S. Moore (2004) : Recent Advances in Trace Explosive Detection Instrumentation, Sensing andImaging : An International Journal Volume 8, Number 1, 9-38, DO1:10.1007/s11220-007-0029-8.Existing and Potential Standoff Explosive Detection Techniques (2010) : www.securodynamios.com.Geoff Kohl (Sept 2009) : The unique terrorism posed by Liquid Explosives, Security info watch.com.Hideo Itozaki and Go Ota (September 2008) : Nuclear Qudrupole Resonance for Explosive Detection,International Journal on Smart Sensing and Intelligent Systems, Vol. 1, No. 3.Hua Zhong (2007) : Stand off Sensing and Imaging of Explosive Related Chemical and Bio-ChemicalMaterials using THz-TDS, Internatiional Journal of High Speed Electronics and Systems Vol. 17, No. 2(2007) 239-249.Hiltmar Schubert and A. Rimski-Korsakov : Stand-off detection of suicide bombers and mobile subjects,NATO Security through_Science Series B : Physics and Biophysics.Jason C. Chavis (Mar 10) : Full Body Scan Image for Airport Screening, www.brighthub.com/screeningKurt J. Linden, William R. Near (April 2005) : Terahertz Laser Based Stand off Imaging System, IEEEComputer Society, Proceedings of 34th Applied Imagery Recognition Workshop, Washiongton DC.82 ➢ The Indian Police Journal Vol. LVII-No. 2, April-June, 2010

James M Klatell (Aug 2006) : Bomb Threats posted by Everyday Items, CBS News.com.Jame Merrick (03 Jan 2010) : Are planned airport scanners just a scam, The Independent Newspaper,UK.Raman Spectroscopy (2010) : en.wikipedia.org/wiki/Raman SpectroscopySecurity Management System (2010) www.senstarstellar.comsjvn (Jan 2010) : Can imaging technologies save us from terrorists, Technomancer, www.itworld.com/security/91284/can-imaging-technologies-save-us-terroristsStephen Reeves (Aug 2010) : Where do Government draw the line between Security and privacy, in ezinearticles.Transporatation Security Administration : Backscatter Advanced Imaging Technology, www.tsa.gov.Perimeter Security Systems (2010) : www.sivanandaelectro.com/protectionwww.airport-int.com/suppliers/intruder-detection.html.Basix Smart Security Solution (2010) : www.basixtech.co.29/pages/products.aspxMagal Security Systems Ltd (2010) : www.magal-S3.com/productsSmart Cameras (2010) : en.wikipedia.org/wiki/Smart camera Wiki/Biometrics.The Indian Police Journal Vol. LVII-No. 2, April-June, 2010 83➢