The Indian

IPJ
Police
Journal
The Indian Police Journal
Vol lX. No. 2 ISSN 0537-2429 April-June, 2013
April - June, 2013  Vol. LX  No. 2

EDITORIAL BOARD CONTENTS

Editorial 2
Shri Rajiv, IPS 1. Myths and Realities of Police Reforms
in India
DG, BPR&D Vivek Thakur & R.K.Sharma 4
Chairman 2. Need To Strengthen Police Forces for Peace,
Democracy & Development
Dr. Krishan Kumar 30
Shri Radhakrishnan Kini, IPS 3. Human Rights Approach to Prison
Management: Issues & Challenges
ADG, BPR&D Dr. Arvind Tiwari 41
Member 4. State Jail Industry Board and Sustainable
Economic Rehabilitation of Prison Inmates
Pratibha Sharma 79
Smt. Nirmal Kaur, IPS 5. After-Care and Follow-up Services for the
Released offenders in Correctional Settings
IG/Director (SU) Dr. Mridul Srivastava 92

Member 6. Internalizing International Human Rights on

Prisoners In India – An Analytical Study
Dr. R.Srinivasan 112
7. HIV/ AIDS Intervention Programme in a
Shri Sunil Kaur Prison-Setting
DIG/DD (SU) Dr. Archana Dassi & Swati Bist 135
8. Globalization and Security Concerns:
Member Paradoxes and Possibilities
Saket Bihari 155
9. Implementing a computer based Inventory
Editor Management System (IMS) in Sashastra
Seema Bal
Gopal K.N. Chowdhary Anil Agrawal, IPS 163
10. “Forensic Examination of Indian Passport”
Swapnil Gupta, Kopal Gupta &
Deepak R. Handa 172
11. Estimation of Post Mortem Interval from
Larvae of Chrysomya Megacephala (Fabricus)
Using the Concept of ADH, Ruchi Sharma,
Rakesh Kumar Garg & J.R.Gaur 200
12. Differential-Pulse Cathodic Stripping
Voltammetry (Dpcsv) Determination of
Arsenic-Ill (As3+) in Blood
Dr. A. K Jaiswal, Parul Kaushot,
Srinita Das, M. Gupto & Pushpa Dhar 213
13. Legal and Illegal aspects of Abortion
Dr. Parveen Chandna, Dr. S.S. Chandna
& Ravi Soni 223
14. Drug Traffic in A.P. - A Case Study
Dr. G.V. Jagadamba & O. Narasimha
Murthy 235
15. Stranger Rape: A Situational Analysis
Dr. Vibha Hetu 250
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Myths and Realities of Police Reforms

in India
Vivek Thakur*
R.K.Sharma**

Keyword
Arithmetic (a complicated calculation), Accountability, Transparency
Corrupt, Defective Police Act, 1861, Police Reforms.

Abstract
The Police is far from efficient, it is defective in training and organization,
it is inadequately supervised, it is generally regarded as corrupt and
oppressive and it has utterly failed to secure the confidence and cordial
cooperation of the people’(A.H.L Fraser, chairman of the second Police
Commission,1902). The words uttered by Fraser little more than a
century ago holds good even today as not much has changed on the
front of Police working and its image. The age old Police Act of 1861
is still applicable in our Police system. The term Police has assumed
‘threatening feel’ instead of friendly and soothing. The Challenges
thrown to the Police, both by the society and those who are managing
it, are not only large in number but also in size as well. The life is on fast
track and looks for immediate answers to the problems faced, and for no
reason anyone can take law in his own hand to find quick solutions to
the problem. Therefore, onus on police for playing its role efficiently has
increased over the years which necessities the need of reforms in the
domain of police. This paper is an effort to find out the various attempts
made to bring Police Reforms in India and the fate these met so far.

Author Intro.:
* Research Scholar, Centre for Police Administration, University Institute For
Emerging Areas in Social Sciences, Punjab University, Chandigarh.
** Professor, Public Administration and Founder Coordinator, Centre for Police
Administration, University Institute For Emerging Areas in Social Sciences,
Punjab University, Chandigarh

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Introduction

T he Police have always been considered as the vital arm of

the state, the acting arm through which state wield its power
and authority. At the cutting edge level, it is the first point where
society comes in contact with the state or vice verse when it comes
to maintaining ‘Public Order’ which implies a harmonious state of
society in which all activities conform to the established law. Among
the state agencies, police, by the very nature of its role, are the most
visible arm of the government1 through which state express its power.
In most simple way, it can be explained that it is through Police that
state expresses and enforces its will. In the backdrop of this, the
capacity and the capability of the Police to respond to a potential
or real challenge to Public Order rapidly, efficiently, effectively, and
in just and responsive manner, is of high significance. In fact, the
functioning of Police in any state is the index of its respect for ‘civil
liberty’ and ‘rule of law’. In the developing countries like India,
where democracies are flourishing more with their ‘ails’, the role of
Police is wide open to critical appreciation so to say criticism which
leave more often, the Police gasping for breath. The Police in such
situations need to adopt more flexible, adaptable, accountable and
transparent approach to shun its branded public image of being
‘corrupt and non performing’. No Police can ever imagine to have
all these above mentioned ingredients in the recipe of its problem
solving curry, if it is not allowed to change its menu and the manner
to serve by way of introducing changes through Reforms. Thus,
timely Reforms in Police, if not the only answer, is certainly the
potent tool to revolutionize the functioning and working of Police.
The efforts to reform Police have been sporadic and miniscule in
proportion to their need. The lack of support from political elite,
administrative set up and resistance from within the police force have
been the main hurdle in police reforms and along with other added
up reasons, the reforms have failed to catch the radar of lawmakers.
On the priority scale of policy makers, the issue of Police Reforms
has never been of importance as there is no political urgency or
incentive for those who are affected by these reforms except for the
public. Indifferent attempts of the policy makers towards any such
effort may be the result of an impression that Police is a State Subject;

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hence any attempt by the Union Government may jeopardize the

otherwise sensitive Centre-State relations. Therefore, all efforts to
usher in the reforms failed to materialize for one or the other reason
till it was left to the two awakened citizens; former DGPs, Sh. Prakash
Singh and Sh. N. K. Singh to launch friendly initiative through Public
Interest Litigation for the much needed Police Reforms in India.
The landmark judgment of Supreme Court containing seven point
directives dated, 22nd September, 2006 gave a tremendous fillip
to the attempts at reforming police and hopes were pinned on this
decision of the Supreme Court, which laid down the time-bound
compliance schedule to reform the police set up to pave the way
for people’s friendly police force.
The performance of Police in India leaves much to be desired and
consequently reflects poorly on the credibility of the government.
Police reforms, which are one of the most critical issues of governance,
have remained a romantic tragedy ever since Independence. In
fact, it is neither on the agenda of any of the governments; be
it Union or State nor of the national or regional political parties
rather the police have remained a neglected area in the context of
reform2. The matter is of serious concern looking at the alarming
deterioration of major institutions which constitute the pillars of
democratic polity, unabashed politicization of bureaucracy, nexus
between the politicians, bureaucrats and criminals, criminalization
of politics, and the security challenges facing the country3, thereby
emphasizing on changed role of Police to face the millennium
challenges, and thus calling for large scale reforms in police force.
It may be wrong to perceive that no attempt or sporadic attempts
have been made towards reforming the Police, but certainly it is
right that these attempts in the direction of reforms have seen the
tragic end every now and then.
Layout of the Paper
In this paper, the attempt has been made to examine the strange,
unexpected and extreme pattern of handling Police Reforms in India
in its most wavering form, along with the unlimited uncertainties

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within the forced circumstances.

Why of Police Reforms?
The Police in developing countries like India has never enjoyed
the good image which has been negative, and the performance
has been dismal to say the least. There is nothing new about this
image as has been stated earlier that “the Police force is far from
efficient. It is defective in training and the organization inadequately
supervised; is generally regarded as corrupt and oppressive and
has failed to secure the confidence and cordial cooperation of the
people4. It is more than a century when Frazer stated so but things
have not changed much as far as image and performance of police
is concerned; rather it has deteriorated further. We are no longer
under the colonial rule and this fact makes the situation more grim
as it is hard to digest that while in democratic framework we have
not been able to address to this problem, even after more than six
decades of our Independence. The carry forward of the Colonial
Legacy has resulted in continuation of authoritarianism in police
and the act and other statues governing the police, till other day,
were ‘Ruler oriented’ than ‘Rule Oriented’. These statues were no
where near meeting the tripartite standards of good governance;
accountability, transparency and equity. Police has image of being
inactive at its best and at worse, they actively harass, oppress and
brutalize5. One of the common charge against Police everywhere is
non-registration of complaint as a pervasive/malpractice6. This bad
situation can not be allowed to continue in perpetuity and hence
there is immediate need for police reforms.
It is well understood that unless major systemic and legislative
changes are effected with some sense of urgency, the very survival
of the civilised society and democratic polity in the country is likely
to be undermined. 7
In any society the public needs an honest, efficient, effective police
force that ensures the rule of law and an environment of safety and
security through citizen-friendly efforts. The existing police systems
have not only become redundant but have failed to provide a police
set up that can effectively serve the people. The features of present

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policing include brutality and torture, extra-judicial executions, a

lack of due process, impunity, corruption, bias and discrimination
and public fear, anger and resentment, which consequently results
into a poor and negative image of the police force8. Public concern
over these serious lacunae has provided impetus for reforms and
need for bringing about varying degrees of modernization and
transformation. Police reform is too important to neglect and too
urgent to delay.9
Colonial Act & Mindset
In an organization, where basics are wrong, nothing can work right
and so is the case with the police organization, which is based on
an antiquated Legislation of 1861, which was enacted in the wake
of the revolt of 185710, essentially to subserve, uphold and promote
the interests of the Raj. The design was tailored to suit the British
imperial interests of subjugating the people. It was the revolt against
British rule that necessitated the urgent need of an instrument
to control the vast lands of the country and diverse people at an
economical cost. Accordingly, a police force was designed that
could develop a sense of fear of authority in the entire population
and could serve as the first line of defense. This above referred
Police Act completely ignored the basic principles of policing
which include accountability to the citizens, beholden to judicial
control and more significantly work for the prevention of crime by
winning trust and cooperation of people they serve. In contrast, the
colonial police shaped as an instrument of coercive power of the
establishment11 and is continuing its functioning, as if citizens do
not wield any power over them even today. 12
It was expected, with the dawn of Independence, that the new
role, a new philosophy would be defined for the Police, that it
would enforce the law of the land and would be accountable to the
people through its transparent functioning but that was not to be,
and the relationship that existed between the police and the foreign
ruler before independence was allowed to continue with the only
change that the foreign power was substituted by the political party
in power13. Even today for Police in India, the Raj lives on as the

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Police misbehaves and terrorizes the citizens and the lavish living
style of the senior officers is still quite visible. The wide variance
in application of rule of law continues and the class hierarchy
even within the force is strictly maintained. This calls for a major
transformation of organizational structure, management practices,
supervision procedures, decentralization of power, creation of local
accountability system, even a change in role and functions of the
police in the society. 14
On a number of occasions, the need has been felt and expressed
for the enactment of a new Police Act, to replace the century old
archaic legislation. Commissions after commissions starting from
the National Police Commission (NPC), in their reports, submitted
to the Central Government suggesting even the framework for a
new Legislation. Some of these recommendations have become
outdated and require a to be updated in the light of the emerging
concerns of the recent times, but the fact that the Police Act needs
recasting altogether and to be replaced with a modern, forward
looking law is beyond any doubt. 15
The Police in India is inefficient, irresponsible, insensitive and
corrupt and the maladies now affect not only the cutting edge level,
for long touted as the problematic core of the organization, but
it has spread across the organizational ladder to the top, despite
some shining examples of excellence and probity. The need for
organizational and systemic reforms for this crucial institution of
governance, urgent for decades, has now become emergent. 16
Reforms of the police organization are crucial to the internal security
of the country as well as to the administration of the criminal justice
system. The fact that the popular perception of the police continues
to be very negative only strengthens the need for police reforms.17
Rule of Law vs. Rule of Politics
The need for police reforms can also be understood from the David
H. Bayley’s remarks, “the rule of law in modern India, the frame upon
which justice hangs, has been undermined by the rule of politics”18.
The result of all this is to be seen in the declining standards of the

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police and its growing alienation from the people. Professionalism is

at discount. Officers spend a lot of time hobnobbing with politicians
in an effort to be on their right side. The chain of command has
become extremely weak. The control mechanisms are dysfunctional.
People in general have little confidence in the police19. There is near
unanimity among a cross-section of our opinion leaders, be they
politicians, administrators, academics or members of the press, that
the system is a rotten lot, and that the police will have to change
radically in order to become people-friendly. The specific charges
hurled by the common man are that the police are corrupt, brutal
and insensitive to the poor. Perhaps the most damaging accusation
is that the police are biased in favour of the majority community
and do not protect the minorities when there is religious tension20.
Obviously, the pervasively deep rot necessitates comprehensive
reforms at every level, incorporating every aspect of policing.21
A developing country needs a healthy criminal justice system and
tragically, yet, the system appears to be disintegrating in India. The
criminal justice system rests on four pillars – the police, prosecution,
judiciary and the jails. All these must be strong and inspire the
confidence of the people. Unfortunately, the functioning of all these
in India leaves much to be desired. The prosecution is inefficient,
the judiciary is sluggish and the jails have become dens of corruption
and it is the failings of the police – its feudal character, archaic style,
growing politicization and even links with the underworld – which
are causing the greatest anxiety. It would be no exaggeration to
say that police constitutes the central pillar of the structure, and
its failure or even weakness could bring about a collapse of the
criminal justice system.22
Insulation from Politics
The Shah Commission in its Interim Report on Emergency (1975-77)
had stated “the police was used and allowed themselves to be used
for purposes some of which were, to say the least, questionable.
Some police officers behaved as though they are not accountable
at all to any public authority. The decision to arrest and release
certain persons were entirely on political consideration, which
were intended to be favourable to the ruling party. Employing the

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police to the advantage of any political party is a sure source of

subverting the rule of law. The Government must seriously consider
the feasibility and the desirability of insulating the police from the
politics of the country and employing it scrupulously on duties for
which alone it is by law intended”23. As such, there is a need to
greatly reduce the frequency of wrongful and unethical directions to
officers, either by the police leadership or by the political executive.
There is a need for freeing the police from all-pervasive control of
the political executive.24
The social and economic changes are transforming India. Effective
policing is a necessary condition for sustaining economic growth
and social progress. In partnership with other sectors, the police
need to evolve new models of criminal justice that are appropriate
to 21st Century India. The need for police reforms also stems from
the emerging challenges such as, terrorism/organized crime; white
collar crime; urban policing and traffic; social tensions, etc25. Cyber
crime is one such emerging challenge and the main responsibility
of detecting and investigating cyber crime in India will be of the
Police, which is not trained and equipped to discharge it. It is
largely an unexplored frontier for the Police in India as either the
police person is unaware of or apathetic to this menace looming on
our horizons. The threat is already at our doorsteps and is likely to
become the biggest white-collar crime in the 21st Century.26
In order to meet the emerging challenges, modernization and
transformation of police is required. Police leaders will have to
make criminal investigation more science-aided so as to bring
down the incidence of the third degree methods during the
interrogations. The need is to expand the facility of DNA testing. As
far as communication is concerned, there is an emergent need for
linking all the police stations through Polnet.27
Large amount of occupational stress in Police also necessitates the
need for reforms. Policing is widely recognized as more stressful
than most other occupation. Policemen face strong job demands,
besides being constantly under political and media scrutiny, many of
the demand cannot be met adequately. There are many professional
and legal strictures that circumscribe the policing response, which

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can lead to frustration and this overlaid with job demands cause
strain and stress in individual police officers.28
Thus, as is evident from the foregoing discussion there exist a number
of factors, which necessitates the need for police reforms in the
country, which is vying for slot among the global ‘superpowers’.
Romance with Police Reforms
The emerging need for reforms in police as signified in previous
pages does not mean that no love ever was lost between the
Police and Reforms. Both the eras – before independence and
after independence witnessed certain attempts gestures, at least, to
engage the police with reforms but each time the romance between
the two never flourished rather ended up tragically leaving much to
be desired. In the table below (table 1) all such main efforts towords
reforms have been discussed and assessed below:
Table 1: Prominent Attempts at Reforming Police in India
Police Reform Initiatives Year (s)
First Police Commission 1860
(M. H. Court Commission)
Indian Police Act 1861
The Second Police Commission 1902-03
(A. H. L. Fraser Commission)
Working Group on Police Training Report 1972
(Prof. M. S. Gore)
National Police Commission Constituted in 1977
(Reports 1 to 8) Headed by Former Eight Reports between 1979-
Governor Sh. Dharam Vira 1981
Julio Ribeiro Committee 1998-99
First Report October 1998
Second Report March1999
Padmanabhiah Committee August 2000
Malimath Committee for the review and 2002
reform of the Criminal Justice System
Police Act Drafting Committee 2005-2006 Constituted in
(Headed by Sh. Soli Sorabjee) September 2005. Completed
its six month term on 31st
January 2006.

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SC Judgment in the Prakash Singh and 22nd September 2006

Others Vs. Union of India
Monitoring Committee Constituted by Supreme
court in may 2008
Supreme Court directions to four states November 2010
Chief Secretaries to appear before it on the
basis of report of monitoring committee
Supreme Court Directions to amend December 2010
Acts or made new Acts as per directions
of the court and in compliance with the
directions.

Source: Compiled from various Sources

The village system of policing followed by the darogha system and
return to the traditional method of village policing were some of
the initial attempts by the British, to control crime and organize
policing in India. Sir Charles Napier experimented with the Royal
Irish Constabulary model of policing in Sind in 1843 and bits and
pieces of this experiment were adopted in other parts of India.
The Mutiny broke out in 1857, shocking the British and ushered
in a period of reassessment. As a result, a Police Commission was
appointed in 1860 to study exhaustively the police needs of the
country and government29. Objectives before the Commission of
1860 was to set up civil constabulary primarily to enable reduction
of the strength of “Native Troops” in Army to the minimum required
so that the rule is not threatened again, since, the native troops,
had also participated in the 1857 revolt against British Empire.
The question of economization also got clubbed with this need.
The proposed constabulary was expected to be an economically
viable substitute for the Military police, and less dangerous too. The
role envisaged by British for the civil constabulary was to maintain
internal tranquility, protect life and property, prevent and detect
crime, to furnish guards for public properties and public installations
like jails, treasuries, etc. and to perform a variety of civil duties.30
In fact, the Police Act of 1861 flowed from the report of this First
Police Commission. The Act paid greater attention to the structure
of the force but, did not lay down any new standards of recruitment,

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training and compensation. The Second Police Commission, known

as the Fraser Commission, set up in 1902, also addressed some
basic structural modalities, personal matters and more importantly
the indianization of the higher echelons.31
On 15th August, 1947 India attained freedom, which brought
along new dreams, new hopes and new promises for the people
of the country. It was expected that the transition from colonial to
a democratic era would by itself bring about transformation in the
quality of governance in general and in the Police set up in particular.
Somehow the new democratic environment could not furnish the
system, which could match with the hopes and aspirations of the
people of free India. The colonial system carried on with some
changes around and the Police was no exception. Most of the
attempts at Police Reforms were without significant achievements.
We assess these attempts in the discussion to follow.
Major Attempts at Police Reforms
Some of the major attempts at Police reforms have been analyzed
as under:
National Police Commission (1979-81)
The freedom brought along some radical changes in political, social
and economic systems, which further necessitated comprehensive
review of the existing system in the country. It was felt that a fresh
examination is necessary of the role and performance of the Police
both as a law enforcement agency and as an institution to protect
rights of the citizens enshrined in the Constitution.32
The bold step was taken by the Union Government of India by
constituting the National Police Commission (NPC) in the year
1977 and the Commission was given wide terms of reference to
view fresh certain areas relating to Police and Police Administration,
which included the organisation, role, and functions of the police,
police-public relations, political interference with police work,
misuse of police power and police accountability and performance
evaluation. The NPC produced eight reports between 1979 and
1981, setting out wide reaching recommendations for reforms.
Its salient recommendations included setting up a State Security

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Commission in every State; making the investigative functions of

the police completely independent of any extraneous influences
and separating it from its law and order functions; prescribing a
procedure for the appointment of Police Chief and giving him a
minimum statutory tenure; and formulating a new Police Act. The
reports of the NPC along with their areas of main recommendations
have been mentioned in the Table 2 below:
Table 2: National Police Commission’s Reports
NPC Reports Month & Year
Major Recommendations on
First Report February 1979
Working and living conditions of the
constabulary formed the focus of the
first report. Its other recommendations
were on Police Department’s and Judicial
inquiries and District Inquiry Authority’s
inquiries into complaints; etc.
Second Report August 1979 The duties, powers and responsibilities
of the Police was the focus. Other
recommendations were on Criminal
Justice Commission; Political
Interference in Police Work; Chief
of Police – appointment and tenure;
Transfer and Suspension orders, etc.
Third Report January 1980 Focus was on Weaker Sections/
disadvantaged groups; and Corruption.
Its other important recommendations
included on Officer postings;
Guidelines for arrest; Guidelines for
the use of handcuffs; Petty Cash, etc.
Fourth Report June 1980 Focused on Criminal Investigation,
trial in court and social legislation.
Other recommendations included on
Registration of FIR; Witness examination
and statements; Compounding
Offences; Communicating Arrest;
Reducing mistreatment in custody, etc.
Fifth Report November 1980 The method of Recruitment, code
of conduct, behaviour and women
police officers. Other areas included
Control of the District Magistrate;
Police Conduct; Victims of Crime;
Transparency, etc.

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Sixth Report March Focus areas of this report were

Police leadership, IPS training and
1981 handling of communal riots. Other
important recommendations included
on Promotion; Creation of Central
India Police Service Cadres; Police
Commissionerate system in major
cities; Reservations; Separation of
Investigation and Law and Order, etc.
Seventh Report May Focused on organizational structure,
performance appraisal and
1981 discipline and control. Its major
recommendations were on Internal
Management; Standards for Police
Stations; Establishment of a Central
Police Committee; and an All India
Police Institute, etc.
Eighth Report May Focus areas were Police accountability,
future of policing and appended a Draft
1981 Police Act for replacing the century-
old law of the British days. Other
area covered included Withdrawal of
protection from prosecution, etc.

Source: Compiled from various sources. 33 & 34

Ribeiro Committee (1998-1999)
The Ribeiro Committee was constituted by the Union Government in
May, 1998 to comply with the directions of the Supreme Court arising
out of a Public Interest Litigation, filed to get the recommendations of
National Police Commission (1977) implemented. The Committee’s
terms of reference were to review action taken to implement the
recommendations of the National Police Commission, the National
Human Rights Commission and the Vohra Committee and to suggest
ways and means to implement the pending recommendations
and to make any other recommendations which it considered
necessary. The Committee released two reports. The first report
was released in October 1998, which dealt with Supreme Court’s
specific concerns. The second report more general in nature
was released in March 1999. The recommendations covered a

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wide range of issues such as creation of Police Performance and

Accountability Commission with an advisory and recommendatory
role35; District Police Complaints Authority; Police Establishment
Board; recruitments, transfers, tenures, promotions, rewards and
punishments; selection of Director General of Police; investigations;
replacing Police Law.36
Padmanabhaiah Committee (2000)
The central government put together another committee in
January 2000 to look at police reforms, commonly known as the
Padmanabhaiah Committee. With wide terms of reference, the
Committee was required to examine the challenges that the police
would face in the next millennium; to envision a force that would be
people friendly and yet able to effectively tackle problems of organized
crime, militancy and terrorism; suggest ways to transform the police
into a professional and competent force; identify mechanisms to
insulate police from political interference; consider redressal of
public grievances and of police grievances; devise ways of securing
public trust and cooperation; and examine the need for ‘federal
crimes’ and creation of a Federal Law Enforcement Agency. Some
of the important recommendations of the Committee were: greater
recruitment of Sub-Inspectors instead of Constables; retraining of
existing constabulary; setting up of a Police Training Advisory Council
at the centre and in each state; Police should adopt the philosophy
of community policing; setting up of a Police Establishment Board;
minimum tenure of two years, police personnel should be given a
weekly off and compulsorily required to go on earned leave every
year; Investigation should be separated from law and order work;
police station should be equipped with ‘investigation kits’; need to
encourage specialisation in various aspects of policing; the entire
concept of personal security needs a careful review and dismantling;
certain offences having inter-state, national and inter-national
repercussions should be declared ‘’federal offences”; need for a
special and a comprehensive law to fight terrorism; set up a District
Police Complaints Authority; the Police Act of the British time should
be replaced by a new Act; and setting up of a National Commission
for Police Standards 37& 38 and also stated that there is a need for
comprehensive reforms in Criminal Justice Administration.39

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Police Act Drafting Committee (2005-2006)

The Government of India set up another Committee in 2005,
popularly known as the Police Act Drafting Committee under the
Chairmanship of Sh. Soli Sorabjee. The Committee began sitting in
September of the same year and submitted a Model Police Act to
the Union Government in October, 2006. The Committee’s terms of
reference were to draft a new Police Act in light of the changing role
and responsibilities of the police, as well as the challenges presented
by the increased insurgency, militancy and naxalism in India. The
terms of reference required the new Act to include measures to
change the police attitude (including a working methodology to
involve the community in policing) and reflect the community’s
expectations of a modern police service. When drafting the law,
the Committee was also required to consider forensic methods of
policing. The terms of reference also mandated that the new Police
Act should address the issues of human rights, concerns for women,
and people belonging to Scheduled castes and Scheduled tribes.40
Prakash Singh and Others vs Union of India (2006-07)
On the basis of a Public Interest Litigation filed by the two former
DGPs, Sh. Prakash Singh and Sh. N. K. Singh in the year 1996, the
Court gave its ruling on 22nd September, 2006 that given the ‘gravity
of the problem’ and ‘total uncertainty as to when police reforms
would be introduced,’ it would issue ‘appropriate directions for
immediate compliance’. These directions were binding upon central
and state governments and governments were initially required to
report to the Court on steps taken to comply with the directions
by the end of 2006. The majority of the states filed applications
seeking more time. Some of these applications also sought review
of the judgment. The court refused to review its directions and ruled
that governments were required to comply with its directions by the
end of March, 200741. However, the petitioners further brought it to
the notice of Supreme Court that the directions of the court was not
seriously taken by many states as was reflected by their non-serious
attitude which led to constitution of three members monitoring
committee by the Supreme Court in May, 2008. The Committee
was to examine New Police Legislations, affidavits submitted

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by state governments and union territories, to apprise the Court

of unnecessary objections raised by the States. The Committee
submitted four reports between October, 2008 and December,
2009. The committee examined New Police acts in conformity
with the directions and found that many states made deviations
from the suggested guidelines by the court. Considering that it was
not possible to visit all the states, the committee decided to visit
only four states of India Maharashtra(west), Utter Pradesh(north),
Karnataka(south), West Bengal(east); all these states were defaulters
in the assessment of this committee. The monitoring committee in
its report pointed out wide deviations made by these states while
legislating their New Police Acts and as a result the Supreme court
directed all the states to replace the Newly Legislated Police Acts or
modify those according to the directions of the Court.
On the premise that systematic and organized Police reforms
for the long run are needed and in the same direction the seven
directives by the Supreme Court provide practical mechanisms to
kick-start reforms and these seven directives were based on the
recommendations of many commissions and committees on police
reforms that were set up in India over the last more than six decades.
The directives of the Supreme Court to the governments have been
summarized in the Table 3 below:
Table 3: Supreme Court Directives of 22nd September, 2006 in
Prakash Singh and Others Vs. Union of India and Others

S. No. Directives
1. Constitute a State Security Commission to (i) ensure that state
governments does not exercise unwarranted influence or
pressure on the police, (ii) lay down broad policy guidelines,
and (iii) evaluate the performance of the state police
2. Ensure that the Director General of Police is appointed through
a merit based, transparent process and enjoys a minimum
tenure of two years
3. Ensure that other police officers on operational duties
(including Superintendents of Police in-charge of a district and
Station House Officers in-charge of a police station) also have a
minimum tenure of two years

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4. Set up a Police Establishment Board, which will decide all

transfers, postings, promotions and other service related
matters of police officers of and below the rank of Deputy
Superintendent of Police and make recommendations on
postings and transfers of officers above the rank of Deputy
Superintendent of police
5. Set up a National Security Commission at the union level to
prepare a panel for selection and placement of Chiefs of the
Central Police Organizations (CPO), who should also be given
a minimum tenure of two years
6. Set up independent Police Complaints Authorities at the state
and district levels to look into public complaints against police
officers in cases of serious misconduct, including custodial
death, grievous hurt or rape in police custody
7. Separate the investigation and law and order functions of the
police

Source: Compiled from Commonwealth Human Rights

Initiative (2008)42
Earlier Efforts at State Level
In addition, there have been several attempts made at the State
Level also to reform the Police. They included, The Bihar Police
Commission (1958), The Kerala Police Reorganization Committee
(1959); The West Bengal Police Commission (1960-61); The Punjab
Police Commission (1961-62); The Delhi Police Commission (1968);
The Tamil Nadu Police Commission (1971), etc. Most of these
Commissions have pointed out to the political interference in the
working of police towards unlawful ends. The recommendations
of these Commissions were mainly concerned with details of the
administrative set up, the strength of the police force in different
wings of the system, pay and allowances of the police in different
ranks, qualifications for recruitment to various ranks, the set-up for
training centres, curricula for training and the like.43
What make the Reforms Improbable?
Despite the fact that Reforms in Police are most required for changing
the work culture and image of police, yet in all probabilities there

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appears no congenial setting to begin with these reforms because

the reforms arithmetic looks unpleasant to the government(at all the
levels) and the Police as well. The reason responsible for making
reforms exercise a difficult proposition are many; in the next part
some of the important factors has been discussed.
Political Overtures
It is not difficult to deduce that political will is a pre-requisite for
bringing about reforms. Wherever reforms in administration have
been successfully carried out, it had sound political backing. The
progressive legislations successfully pursued after Independence
stands testimony to that. Unfortunately, it has been observed that
there has been lack of political will for whatever reasons. The
political elite in India to a large extent is comfortable with using
(read misusing) Police for its own ends. The Executive misuse
and abuse of the police has generally manifested in the form of
frequent postings and transfers; recruitment procedure vitiated
through political recommendations; influenced promotions;
tampered investigations; unlawful directions to the police; and
Intelligence apparatus exploited for political purposes44. It is,
therefore, extremely convenient for political class to show no will
towards police reforms and as such there is hardly any urgency
for the political class to go for police reforms. Governments over
the years have manipulated the police force for self-gain. Police
has been used to put down opposition, to cover up failures of the
ruling party and protect friends. The political leadership is just not
prepared to give functional autonomy to the police because it has
found this wing of the administration a convenient tool to further its
partisan objectives. As for the bureaucracy, control over the police
is an intoxicant they have become addicted to and are just not
willing to give that up45. Both political and administrative leadership
lacked vision on the Police reforms and allowed it to languish in
wilderness.
Toll of Democracy
Whenever polity turned around and thought of reforming police,
another sad aspect of our democracy came, to the surface and that

April-June, 2013 21
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was failure of political parties to rise above their partisan stands.

We saw National Police Commission under the stewardship of Sh.
Dharam Vira appointed in the aftermath of the ‘emergency excesses’,
in the mid-seventies, when the police force as a whole ended up
sharing the blame, the wide-spread police unrest at the level of the
Centre and in many States around the time lent it greater urgency46,
come out with excellent eight reports, but, these reports were seen
from the politically tinted glasses and were mostly ignored. When
Congress came back to power, it made no significant attempt at its
implementation. The reason for ignoring the recommendations of
the Commission was that it was appointed by Janta Government in
the post-emergency highly charged era. Thus, NPC reports became
a victim of politics with the change of Government at the Centre in
1980 and it is known fact that in democratic set up power keeps
changing hands.
Policeas a State Subject
The Police as a subject finds place in the Entry 2 of the List II –
State List of the Seventh Schedule of the Constitution of India.
The subject Public Order has been mentioned in the same List at
Entry number 1. 47 Thus, Police is a State subject, which suggest in
a concealed manner that Union Government should refrain from
interfering in the domain of States lest it may upset the sensitive
Centre-State relations. This argument seems fallacious because
there have been numerous cases of dismissal of legitimately elected
State Governments and imposition of President’s rule at the drop of
the hat by the Union. It requires not much of the intellect to come
to the conclusion that if Union would have willed, police reforms,
even if it is a State subject, would not have been that difficult. Also
given the political atmosphere of the time and the prevailing one-
party dominant system, it was possible for the Union Government
to undertake a leader’s role in guiding and coordinating police
reforms.48 But somehow in blame game it remains pertinent that
Police is a state subject.
Financial Constraints
It has also been suggested that India being a developing country,

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there are so many vital issues competing for the scarce resources as
far as allocation is concerned and as such Police or Policing can not
occupy high level on the priority scale. Police reforms would also
mean police modernization and that would have huge financial
bearings on the budget. Police arms and technology has failed to
match those of the criminals – one does not see that happening
in many countries. Obsolete guns of the Police are no match for
sophisticated rifles of AK series used by the criminals/terrorists.
There is a dire need of overhauling and modernizing the arms and
armoury as well as communication gadgets of Police force as per the
latest techniques and technology but cost is standing in the way.
Organizational Culture and Mindset of Police
Over the years, Police has worked in an organizational environment
where their negative attitude, oppressive behavior, unjust dealings
and brutal use of force were considered their asset. The Police
organization developed a culture which suited them as well as
the ruler alike. Likewise, the Police Personnel has developed the
mind set, where change from the present system to new system is
considered obnoxious. For them, present set up is doing very well
as they are used to it and more so it served their interest so well.
Concluding Observations & Suggestions
The police as the key institution of internal security, far from being
democratized and responsive to the needs of the common man
in the country, stand deinstitutionalized, discredited and de-
legitimized.49
In the era of cooperative federalism, it is essential to have good
relations between the Centre and States and there is a always a
possibility that the national cause rather than parochial narrow
interests would hold. Over-politicization of matters such as these of
vital national interest, needs to be corrected. Focus on Vote banks
and short-sighted approach would lead to disaster, rather is leading
to disasters already.
The strength of a democratic society, the quality of life enjoyed by
the citizens, inclusive of individual’s safety and security of property,

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are determined in a large measure by the ability of the police to

discharge their duties efficiently. Police has become a difficult
and complex endeavor. Though the main function of the police
is prevention and detection of crime, the police have also to deal
with a wide range of problems, which are not criminal in nature.
The Police have to recognize that their role in society is broader
than mere enforcement of criminal law. The police must proactively
try to solve the problems rather than respond reactively to the
consequences of the problem.50
Once the public are educated about the difficulties of the Police
in doing their legitimate work, they can become pressure points to
bring about Police Reforms51. The deafening silence of masses on
these issues will have to be converted into a persistent, vocal and
even a shrill demand for a time-bound programme for legislative,
systemic and structural reforms relating to the police aimed at
upholding the rule of law and inculcating the primary requirements
of public accountability, transparency and moral values in what is
perceived by a common person as an exploitative arm and ugly
face of the government.52 It is amazing that something as basic as
this has remained unattended so far.53
The National Human Rights Commission, in its Annual report 2000-
2001, stated that: “Reform of the Police is of critical importance
to the protection and promotion of human rights in the Country.
The Commission urges the Central and State Governments to show
the necessary political will to reform the police along the lines of
the recommendations that have been made. Failure to do so is
diminishing faith in the impartiality and integrity of the police and
corroding the national polity”. What is at stake is not only the vitality
and credibility of the police but the very survival of the democratic
structure and the success of the economic reforms. Mechanisms must
be devised which safeguard the police from becoming a tool in the
hands of unscrupulous politicians or oblige it to protect criminals.
The Police should statutorily be made accountable to the people of
the country and the laws of the land. The Police need to actually
be facilitating the forces of socio-economic change and playing the
role of protagonist rather than antagonist. The life, liberty and well

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being of large masses of Indian population are inextricably linked

with reforms in the police54.
Unpleasant Arithmetic of Police Reforms
On 11th January, 2007, the Supreme Court considered the objections
and concerns of the States and the Union to its judgment and while
taking account of their objections and concerns said very firmly that
the process of police reforms must commence immediately. What
the Supreme Court says is law. Not complying with its directions
amounts to disobedience and can mean being charged with
contempt of court. On 9th April, 2007, the Court set yet another date
(30th April, 2007) to look at applications for extension/modification.
On 23rd, August 2007, the Court dismissed all review petitions by
the State and the Central Government, as it did not find any merit
in them leaving it to the States to implement the Court’s order.
Many States have made statements that they support the spirit of
reform behind the Court’s directives. However, States have made
the following arguments against immediate implementation of the
directives, particularly in the current form. The need for setting up a
State Security Commission has been questioned; setting up a State
Security Commission with binding powers is likely to undermine
the power of a constitutionally established state over the state
police which will lead to the creation of a parallel body, which is not
accountable to the people of the state and would infringe the rights
of the state; a fixed two-year tenure for the DGP, irrespective of
their superannuation date, will block opportunities for other eligible
senior officers, who will be demoralized, further the directive take
away the right of the government to transfer police officers to meet
administrative exigencies; the involvement of UPSC is neither
practical nor necessary; short tenure does not impact on efficient
functioning as fixed tenure is not guarantee of good performance;
a Police Establishment Board would run contrary to the democratic
functions of the government and result in creation of a separate
power centre, comprising lureaucrats who are not answerable to the
people, while also duplicating existing systems; there are already so
many bodies like NHRC, Minorities Commission, CVC, to deal with
complaints about police, creating new State and District Complaints

April-June, 2013 25
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authorities would only duplicate the work of existing agencies and

would be a financial burden; creation of Complaints authorities
would demoralize police. However, in the light of fresh directions
of Supreme Court (2010) after the submission of monitoring
committee report, most of the States have either recently passed
new legislations or have commenced work to draft new police
legislation.55 & 56.
Police reforms are the needs of the times and should not be
compromised by the states and the union government for their
political or other interests. It is said that charity begins at home so
each state or each level will have to get into the mode of initiating
and implementing the reforms keeping in view the principle that
‘charity does not like Arithmetic’, ‘selfishness worships it’. The
stakeholders will have to disapprove of their selfishness by the way
of commitment to enforce these reforms in all honesty and at the
earliest.57
References
1. Fifth Report, Second Administration Reforms Commission,
Government of India, June 2007, pp1-3
2. R.K. Raghavan (2002), “On Police Reforms”, An Open Letter to
President A.P.J. Abdul Kalam, Frontline, Volume 19, Issue 17, August
17-30, available at http://flonnet.com/fl1917/19171170.htm, last
accessed on 1st May 2008.
3. Madhav Godbole (2004), “Police Reforms: Is it a Dead End”,
Dialogue, A Quarterly Journal of Astha Bharati, July-September,
Volume 6 No. 1 available at http://www.asthabharati.org/Dia_
July04/Madhav.htm, last accessed on 1st May 2008
4. T.G.L. Iyer, (2003), “Improving the Police Image”, The Indian Police
Journal, Vol. L No.1, Jan-March, p. 90
5. The World Bank: Can anybody hear us? Voices from 47 countries,
Dec 1999 cited in “Police Practices: Observation to Poor People’s
Access to justice”, G.P.Joshi(Commonwealth Human Rights Initiative,
Publication : 2003 p7 para 1)
6. The National Police Commission, Government of India, Fourth
Report, June 1980 p1.

26 April-June, 2013
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7. Godbole, op.cit.
8. Commonwealth Human Rights Initiative, “What is police reform and
why do we need it?” available at http://www.humanrightsinitiative.
org/programs/aj/police/police.htm, last accessed on 1st May 2008
9. Commonwealth Human Rights Initiative (2005), Police
Accountability: Too Important To Neglect, Too Urgent To Delay,
CHRI’s 2005 Report, A Report of the International Advisory
Commission of the Commonwealth Human Rights Initiative,
Chaired by Sam Okudzeto, New Delhi.
10. Prakash Singh (2004), “Police Reforms’ Raison D’etre”, Dialogue, A
Quarterly Journal of Astha Bharati, July-September, Volume 6 No.
1 available at http://www.asthabharati.org/Dia_July04/Prakash.htm,
last accessed on 1st May 2008
11. Arvind Verma, (2006 a.), “To Serve and Protect”, 10th January,
available at http://www.indiatogether.org/2006/jan/gov-policeact.
htm, the website of India Together, last accessed on 1st May 2008
12. Arvind Verma (2006 b.), “Improving the Management of Police in
Bihar”, The Indian Police Journal, Vol. LIII No.4, October-December,
pp. 12 -13
13. Singh, op.cit.
14. Verma (2006 a.), op.cit.
15. Godbole, op.cit.
16. Ajay K. Mehra (2007), “Police Reforms at Sixty”, Mainstream,
Vol. XLV, No. 35, 18th August, Saturday, available at http://www.
mainstreamweekly.net/article286.html, last accessed on 1st May
2008.
17. Saumitra Mohan (2006), “Debating Police Reforms”, Institute
of Peace & Conflict Studies, Article No. 2172, 29th December,
available at http://www.ipcs.org/printWhatsnew.jsp?action=showV
iew&kValue=2172&status=article&mod=b, last accessed on 1st
May 2008.
18. Singh, op.cit.
19. Ibid.
20. Raghavan, op.cit.

April-June, 2013 27
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21. Mehra, op.cit.

22. Singh, op.cit.
23. Ibid.
24. Raghavan, op.cit.
25. Jayanto N. Choudhury (2003), “Policing India in 2025: Challenges
and Issues Ahead”, The Indian Police Journal, Vol. L No.1, January-
March, pp. 39-47
26. A.S. Chawla (2003), “Cyber Crime-Investi-gation & Prevention”,
The Indian Police Journal, Vol. L No.1, Jan-March, p. 118
27. Raghavan, op.cit.
28. Sunita, Siwach (2003), “Predictors of Police Specific Stress & Job
Outcome in Police Personnel”, The Indian Police Journal, Vol. L
No.1, Jan-March, p. 21.
29. David H. Bayley (1969), The Police and Political Development in
India, Princeton University Press, Princeton, New Jersey, pp. 41-45
30. J.C. Chaturvedi (2006), Police Administration and Investigation of
Crime, Isha Books, Delhi, p.2.
31. Observer Research Foundation (2007), “Need of the Hour: Police
Reforms”, ORF Discourse, Vol. 2 No. 1, January, New Delhi available
at www.orfonline.org, last accessed on 1st May 2008
32. Singh, op.cit.
33. Commonwealth Human Rights Initiative (2007), Police Reform
Debates in India, New Delhi, April, pp. 3-19.
34. Singh, op.cit.
35. Iyer, op.cit.
36. Commonwealth Human Rights Initiative (2007), op.cit., pp 20-24
37. Commonwealth Human Rights Initiative (2007), op.cit., pp 25-29
38. Commonwealth Human Rights Initiative, Summary of
Recommendations made by the Padmanabhaiah Committee on
Police Reforms, available at http://www.humanrightsinitiative.org/
programs/aj/police/india/initiatives/summary_padmanabhaiah.pdf,
last accessed on 1st May 2008.

28 April-June, 2013
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39. Iyer, op.cit.

40. Commonwealth Human Rights Initiative (2007), op.cit., pp 30-41
41. Commonwealth Human Rights Initiative (2007), op.cit., pp 42-46
42. Commonwealth Human Rights Initiative (2008), Seven Steps to
Police Reform, March available at http://www.humanrightsinitiative.
org/programs/aj/police/india/initiatives/seven_steps_to_police_
reform.pdf, last accessed on 1st May 2008
43. Mehra, op.cit.
44. Singh, op.cit.
45. Singh, op.cit.
46. Observer Research Foundation, op.cit.
47. P. M. Bakshi (2002), The Constitution of India, Universal Law
Publishing Co. Pvt. Ltd., Fifth Edition, p. 367.
48. Mehra, op.cit.
49. Mehra, op.cit.
50. Sankar Sen (2006), “Problem Oriented Policing”, The Indian Police
Journal, Vol. LIII No. 2, April-June, pp. 19-21.
51. Iyer, op.cit.
52. Godbole, op.cit.
53. Ibid.
54. Singh, op.cit.
55. Commonwealth Human Rights Initiative (2008), op.cit.
56. Mehra, op.cit.
57. Commanwealth Human Rights Initiative(2011) Police Reforms
Debates in India, New Delhi pp 50-51



April-June, 2013 29
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Need To Strengthen Police Forces

for Peace,
Democracy & Development
Dr. Krishan Kumar*

Keyword
Functional Democracy, Beleaguered, Institution, Political Interference,
Unsupportive Leadership, Poor Image, NPC, Skils, Equipments.
Abstract
Police plays significant role to maintain rule of law, the foundation
of healthy and functional democracy and to sustain growth and
development of nation, but it is today the most beleaguered institution
owing to political interference, poor work culture, unsupportive
leadership and a poor image as corrupt and unhelpful institution.
Magnitude and complexity of problems demands a holistic approach
on political, capacity building, people and management front to address
the issues and challenges before the police. In the absence of impartial
law enforcement, there can be no justice and equality, the essential
ingredients of democracy.
Reforming the grass root police administration, effective system of
redressal of grievances of police personnel, implementation of National
Police Commission recommendations in true spirit, good governance
and modernizing the police forces by equipping them with necessary
skills is essential to make the police reliable and effective institution for
peace, democracy and development of Nation.

Introduction

P eaceful and congenial security environment is pre-requisite

not only for growth and development of a nation, but also for
Author Intro.:
* Asstt. Professor, Public Administration, G.M.N. College, Ambala Cantt, Haryana

30 April-June, 2013
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mental and spiritual growth of its citizenry. Police ensures peace and
security by restoring rule of law and proper maintenance of law and
order. It provides a sense of security by protecting life and property
of people. Though India witnessed marginal improvement in its
external security environment in recent past, yet internal security
which mainly is the domain of Police forces continued to deteriorate
in view of Maoist Nexalite terrorism, organized crime, religious and
ethnic secessionism, unstable regional security environment and
powerful Mafias1. In order to counter this menace, police forces
need to be professionalized and modernized. However, the police
administration suffers from weaknesses in organizational structure,
poor work culture, political interference, ineffective training, lack
of accountability, poor infrastructure2 and poor image of police
as corrupt and unhelpful. Autonomous, efficient and accountable
police force is needed not only for just and orderly society so vital
to restore rule of law, but also for India’s long term objective to
become major economic and political power by 2020.
Unstable regional security environment has been a cause of concern
for India ever since Independence. China has been subjecting India
to ever increasing diplomatic and military pressure in recent past3.
Similarly hostility towards India has always remained a key objective
of Pakistan’s security policies4. This troubled relationship with its
neighbour has implications for India’s internal security. Apart from
it, Maoist or left extremism is posing a serious threat to the security
of Indian State. The total number of naxals in the country is pegged
at 2 Lakh. Their movement has spread to areas under 2000 police
stations in 222 districts across India5. The Naxal leader Koteswar Rao
claimed that they would overthrow the Indian State before 20506.
Also various ethnic and sub ethnic groups are creating violence
in various parts of North East. Similarly, Home grown jehadis,
powerful land Mafia and Cyber Crimes are posing a serious threat
to the internal security of India. Therefore competent, efficient and
professional police forces are needed to counter the menance of
these threats. In the post-independence period various factors have
demoralized the Indian police forces and crippled their capacity
to restore the rule of law and to create peaceful and congenial
environment for safety and security of the citizens. The complexity

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and magnitude of problems demand a holistic approach to address

the problems and to make the police an instrument to promote
peace, democracy and development. These problems have to be
tackled on political, security, people and management fronts.
Political Front
Political leadership has to show more courage to counter this threat
perception and better awareness of strategic environment, and has
to equip the nation with modern and professional police forces. But
political class backed by the civil services has not allowed the police
to be an autonomous institution. It has maintained control over the
police force for political purpose. “The Independence and efficacy
of police administration was systematically chipped away to ensure
political bosses held sway”7. The mass transfer of police officers at
the time of change of incumbent state governments bear testimony
to this fact. The system of finding the right person for the right job is
missing because there is no institutionalized system of recruitment,
posting and transfer8. These matters are left to whims and fancies
of politicians. Consequently, politicians have used transfers and
postings as a weapon to brow beat the honest police officers while
rewarding the pliable ones. The treatment of top police officers
in the states suggest that politics is never far from the surface
when dealing with security9. Far from professionalizing the police
forces, they seem to be made according to political compulsions.
Politicians strong hold over police forces has affected the capacity of
leadership to exercise control over subordinate police hierarchy. In
such a scenario it is difficult to enforce the accountability of police.
It is also difficult for the police itself to maintain espirit de corps.
Political pressure and partisan law enforcement has been accepted
as administrative norm. Under such circumstances even honest
and law abiding police officers are forced to align themselves
with party in power. It has seriously eroded the capacity of police
forces to conduct independent and fair investigation of crimes and
criminals. Consequently, impartial law enforcement has become a
casuality10. No one can rely on their impartiality in dealing with
large scale communal and caste riots or political disturbances.11 It
was demonstrated by its inability and bias to protect minorities,

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women and underprivileged during communal riots. It has resulted

into discrimination & denial of fundamental right to life & liberty
to them which is raison-detre-of-democracy. It was also severely
indicted by justice Srikrishna Commission constituted to enquire
into Mumbai riots, nor can it be trusted to play a neutral role to
ensure free and fair elections, so vital for healthy and smooth
functioning of democratic system in India. Partisan and corrupt
law enforcement machinery and the country’s clogged judicial
system have failed to provide ready justice to the common man13.
Consequently justice and equality, the essence of democracy are
the victims. As autonomous, impartial and competent police forces
are essential for good governance as also for healthy and functional
democracy. Therefore, there is urgent need to reform the existing
police system and make it capable of countering the threats staring
the nation in face. But political will and vision and bureaucratic
commitment to reform has been sadly lacking. This is evident from
the fact that National police commission (NPC) report submitted
thirty two years ago, is gathering dust and yet to be implemented. In
the Chief Minister’s conference on internal security held in 2010, it
was disclosed that 22 state have not yet enacted a new police act;
19 States have yet to set up a police complaint authorities, 24 states
have not yet established state security commission.14
Reforms till date have been rudimentary at best, efforts conservative.
They only tinker with existing processes15. Also the credentials of
politicians to reform and modernize the police forces are hardly
convincing. In the current Lok Sabha, criminal cases are pending
against 153 MPs., 74 of them facing serious charges such as murder
and robbery16. Similar picture prevails in state assemblies. In the
recently concluded elections to five state assemblies of viz. Uttar
Pradesh, Punjab, Goa, Uttrakhand and Manipur thirty five percent
or 252 of the 690 MLAs have criminal background, which is a rise
of eight percent from 2007.17 Therefore, good governance is a pre-
requisite for successful functioning of police forces. As such, they
should demonstrate necessary will and commitment to bring about
good governance. The present anti-defection law fails in checking
the entry of criminals in the holy precints of parliament and state
legislature. It should be provided with more teeth to block the entry

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of persons with criminal background to the legislative bodies at

any level. As only man of integrity can be hoped to give necessary
direction and bring about change to get the police rid of partial and
partisan influence and make it autonomous and secular institution.
Similarly, archaic and complex procedures have made our justice
system slow, inaccessible and in reality unaffordable18. As such,
there is urgent need to increase the number of judges, to strengthen
infrastructure and to change criminal law for ensuring speedy trial
of cases.
In order to free the police forces from political influence, the basic
issue of loss of morale due to unjust and untimely transfer needs
to be addressed before speaking of other reforms19. The Second
Administrative Reforms Commission (ARC) has recommended to
constitute State Police Establishment Committee to deal with all
matters of postings, transfer, promotion and also grievances related
to establishment matters of all gazetted officers up to the rank of
Deputy Inspector General of Police and District Police establishment
Committee to deal with establishment matters of non-gazetted
police officers20.
The essence of democracy is equality, justice and rule of law. Rule
of law is cardinal principle of democracy. In its absence there
will be chaos and anarchy and will of the mighty shall prevail.
Police can restore rule of law by independent and impartial law
enforcement as per the settled principles of law of land. To achieve
this objective, it is also essential to see that police performs its duty
lawfully, deligently and efficiently. Second Administrative Reforms
Commission has recommended to constitute State Performance
and Accountability Commission to frame broad policy guidelines for
promoting efficient, effective, responsive and accountable policing
in accordance with laws and identify performance indicators to
evaluate the functioning of police service21.
Capacity Building Front
According to the federal scheme of distribution of subjects, law and
order is State subject. Hence, state police force has a vital role to
play to maintain law & order. But there are various constraints to

34 April-June, 2013
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perform this role effectively. It faces various problems like low pay,
lack of infrastructure, politicization, poor image of police among
people, outdated weaponry and appaling living conditions are blots
on Indian law enforcement22. State police forces face several security
challenges from organised mafia, terrorist groups, cyber crimes,
adulteraters, smugglers, bookies and in the form of sophisticated
and lethal devices used by terrorists and criminals to commit crimes.
Only independent, well-equipped and accountable police force can
tackle these threats. Hence, there is an urgent need to reform and
modernize the police forces. These reforms to be meaningful have
to start at the grassroot level. Constabulary constitutes 87% strength
of total police workforce23, but it does not take pride in their uniform
because of low salary, poor work conditions, heavy workload. Little
chances of promotion and mechanical application of mind tend
to demoralize and demotivate policemen24. Their educational
qualification and training module do not equip them to fulfil their
duties and responsibilities. Degenerated political environment
and lack of support of senior officers have further complicated
this situation. Consequently, their efficiency and effectiveness is
progressively declining since independence25. To reform this system
would require to upgrade the skills and training equipping them
with modern weapons and communication system, housing and
schooling for their kids ample chance to improve their educational
qualification, promotion prospects, salary commensurate with
their duties and responsibilities and reduction of their workload by
outsourcing non core functions, so that they can focus on prime
duty of policing.
Further, the top police officials are discontented about their work
environment and career prospects. The Management of the IPS
Cadre by both the States and Ministry of Home Affairs (MHA) has
left a lot to be desired26. The top police officers are not satisfied with
conditions of service due to tough postings, disturbed environment
and leadership crisis. There was shortage of 630 IPS officers as
on January 1, 2010. Many IPS officers have resigned after the
implementation of sixth pay commission for better prospects in
private sector27. Other factors prompting officers to resign include
stagnation, late promotion, arbitrary cadre allotment, long field

April-June, 2013 35
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postings, arbitrary and abrupt transfers, disparity with other All India
Services and lack of motivation. Therefore, there is an urgent need
to address these issues and bring necessary change with changing
times and environment28.
Training is investment in Human resources.29 It has significant
potential to improve the efficiency & effectiveness of police forces.
Unfortunately, India does not have a single world class institution
for teaching, investigation, forensics, intelligence or tactical skills30.
Training of lower police personnel should be on a need-to-know basis
without the intricate laws, procedures, manuals and drills. Refresher
courses should be organized from time to time to apprise them
of the latest development in their relevant areas and techniques31.
Second ARC has recommended that the states should earmark
a fixed percentage of the police budget for training purposes,
common training programme for police, public prosecutors and
magistrates. Its aim should be to bring attitudinal change and to
introduce a mechanism to assess the impact of training programmes
on trainees32.
Public Perception
People’s cooperation is vital input to assist the police in the
maintenance of law & order and detection and investigation of
crimes. The Supreme Court of India has dealt with, at length, on
the fundamental duties of the citizens, as provided in Article 51of
Constitution to promote harmony, to safeguard public property
and to abjure violence. People will extend their wholehearted
cooperation only if they see police as impartial, efficient, secular
and people friendly institution. But it has not been able to elicit
the required cooperation of people. Its reason is mainly because
police is not able to move with society. There is perceptible lack of
communication between people and police. Though more educated
and capable persons are joining the police forces yet, they do not
have access to criminals as used to be in good old days. Judiciary,
media and civil society organization have played a significant role to
highlight the issues of human rights violations and thereby fixing the
accountability of police. They are also exerting pressure on political

36 April-June, 2013
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system for modernization of police forces. But political compulsions

overweigh the need for professional & autonomous police forces.
Political willingness, police leadership and people’s participation in
policing can help restore the faith of people in police system. Political
system should evolve necessary consesus for police reforms. It should
demonstrate vision and will for modernization of police forces. Also
they should maintain parity between police and other services by
making their conditions of service attractive, timely promotion,
judicious allotment of cadres and providing conducive environment
for them to perform their duties and responsibilities. They should
adopt pluralistic and inclusive approach in the formulation of
public policies and distribution of natural resources to solve various
regional, racial and societal problems having implications for the
safety and security of nation. Similarly, top police leadership should
promote the culture based on integrity, trust, respect and support to
the honest police officers particularly at lower level of hierarchy34,
since it is as much important to protect the honest as punishing the
guilty. It has the potential to transform the police department from a
micro-managed, high-control, autocratic environment to a place of
high involvement, empowerment and rapid response to citizens35.
In the same way, people’s participation in policing can strengthen
the capacity of police forces to perform effectively their duties and
responsibilities, but also to regain public trust and confidence in the
police.
Management Front
What is needed urgently is the optimal utilization of police resources
and assiduous application of time and energy, which alone can bring
dividends while handling intricate problems like terrorism36. Training
programmes should be redesigned to acquire greater professionalism
in changed scenario and inculcate core values, traits and desired
behavior. There must be effective coordination of policies and
operations between central and state agencies responsible for
matters relating to internal security. Ministry of Home Affairs should
maintain essential contact with State Governments for this purpose.
Also there must be timely sharing of intellingence inputs between
central and state agencies. In this respect the establishment of

April-June, 2013 37
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proposed National Counter Terrorism Centre (NCTC) is a welcome

step. Psychological programmes should be arranged for councelling
of the police personnel involved in counter-insurgency operasions
and for boosting their morale and motivation.
India cannot progress as a society if its social, foundations are
weakened by suspicion and schism. 37 Autonomous, impartial and
secular police forces are needed as much for democracy as for
development. In the absence of peaceful and congenial security
environment, the valuable investment, essential for economic
development in the post globalised era, would fritter away. India’s rise
to the status of the most populous, democratic, pluralistic, secular,
industrialized country as the third largest market and GDP in the
world in the next three decades will not be resistance and obstacle
free38. Therefore, there is urgent need to adopt holistic approach
to address the issues and problems facing Indian Police. Effective
mechanism for redressal of grievances of police, implementation of
National Police Commission (NPC) report in its true spirit, reform in
investigation and prosecution machinery to provide fair and speedy
justice to people is essential to restore the faith of people in the
police as a reliable and effective instrument for safety and security,
but also for peace, democracy and development of our largest
democracy striving to be a major economic and political power in
the current century. 

References
1. Bedi, R. S. The Tribune [Feb. 5, 2010) 9
2. Economic Times (May 5, 2010) 10
3. Bedi, R. S.
4. Kanwal, Gurmeet, “Internal security scenario may detereorate”,
The Tribune (January 26, 2010) 13
5. Bhelari Kanhaiah, “Living by the Gun”, The Week, Feb 21, 2010 : 35
6. The Tribune (February 11, 2010) 8
7. The India Express (March 10, 2012)12
8. Lakhanpal, KR, “Take up gauntlet of governance”, Hindustal Times

38 April-June, 2013
 The Indian Police Journal

(Nov. 14, 2011) 9

9. Hindustan Times (Oct 10, 2011) 8
10. Ghosh S.K. (1997), “Police : A Severely damaged instrument”, Indian
Democracy Derailed, APH Publishing House, New Delhi, 374.
11. Ghosh, S. K. 376
12. Raja , D. Frontline 28:10, 17
13. Ghosh, S. K. 380
14. Vohra, N.N., “WHAT THE STATES CAN AND MUST DO”. The
Tribune (March 4, 2012) 13
15. Hindustan Times (August 16, 2004)
16. The Tribune (March 14, 2011) 10
17. The Hindu (March 12, 2012) 12
18. Second Administrative Reforms Commission (ARC) 5th Report 69
19. The Hindustan Times (August 16, 2004)
20. Second ARC Report 93-94
21. Second ARC Report 90
22. Saxena, Payal, “Khaki Rags”, The Week, Feb 21, 2010
23. Second ARC Report 68
24. Deswal Rajbir, “Setting the Police House in order”, The Tribune
(Sept. 27, 2010) 11
25. Second Commission on Centre-State relations 238
26. Raghvan R.K. The Tribune (March 8, 2011) 11
27. The Tribune (Nov 14, 2010) 1
28. The Tribune (Nov 14, 2010) 1
29. First A.R.C. Report on Personal Administration, New Delhi Manager
of Publications, 1969, 62
30. The Hindu (Feb 15, 2012) 8
31. Deswal, Rajbir, “Setting the Police House in order”, The Tribune
(Sept. 27, 2010) 11
32. Second A.R.C. 5th Report 120

April-June, 2013 39
 The Indian Police Journal

33. The Tribune (Feb 25, 2012) 12

34. Chaudhary, Rohit, “A culture of Integrity in Police”, The Tribune
(Oct. 24, 2011) 13
35. Chaudhary, Rohit, The Tribune
36. Thomas, K.V., “Policing in 21st Century” Reviwed in The Hindu by
Raghvan, R.K., The Hindu (Feb 7, 2012) 14
37. The Economic Times (Feb 29, 2012) 8
38. Subramnium K. “Flawed Security Planning”, The Tribune (January
25, 2010) 8



40 April-June, 2013
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Human Rights Approach to Prison

Management: Issues & Challenges
Dr. Arvind Tiwari*

Key words
Human Rights, Prison Management, Human Rights Jurisprudence,
Criminal Justice System, Prison Policies, Prison Staff, Prisoners’
Rights.

Abstract
The expanding horizons of human rights discourse in India now include
focused discussions on many gray areas of human rights violations,
which until recently received scant attention. Human rights approach to
prison management is one such gray area, which despite several court
judgments of far reaching significance, and concerted efforts made by
the NHRC and SHRCs, did not get the deserved attention or required
response as a matter of follow up action.
Prisons constitute a critical area of human rights. The sentence of
imprisonment not only implies deprivation of freedom which is the most
basic of all human rights but also imposes restrictions on the life and
personal liberty of the individual involved. Once a person is incarcerated
and his/her life is regulated by the State, he/she is endangered to
suffer human rights abuses. Apart from the stigma associated with
imprisonment, there is a general attitude of prisoners not being
considered fit for the same protection as other members of society. As
the poor and people from marginalized sections of the society are often
over-represented in prison population, with little advocacy to protect

Author Intro.:
* Dean, Students Affairs, Professors & Chairperson, Nodal Center of Excellence for
Human Rights Education, School of Law, Rights and Constitutional Governance,
Tata Institute of Social Sciences, Mumbai.

April-June, 2013 41
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their human rights, they are particularly vulnerable to maltreatment. The

present paper discusses human rights framework for better protection
of human rights in the prison setting and examines critically issues and
challenges faced by the prison authorities in effective implementation
of human rights approach to prison management.

Introduction

T he role and 'functioning of prisons in the country have been

a matter of intense debate and scrutiny at various official and
non-official forums for several decades now. Though imprisonment
has been the oldest and most universal mode of dealing with
offenders who endanger peace and tranquility in society, never
before in its history, prison administration has been subjected
to such a questioning as at present. It is neither thought to be
effective in achieving its criticism proclaimed goal of reformation
and rehabilitation of offenders nor capable to cope with the newly-
emerging forms of criminality, which are much more disruptive than
traditionally known crimes. What is much more disturbing is that
the prison, today, is increasingly perceived as a potential source of
corruption, dehumanization and hardening of criminal tendencies
among persons coming within its jurisdiction1.
The concept of human rights arises from the inherent dignity and
work of the individual and invokes all such inalienable rights and
freedoms that he/she is entitled to as a member of society. During
incarceration, these rights may be restricted or curtailed but can
not be denied or taken away. The ideology propounded by the
Universal Declaration of Human Rights (UDHR), adopted by the
United Nations in 1948, serves a springboard for a global action to
uphold human rights in different spheres. The ideology propounded
by the UDHR has been well concretized in the International
Covenants on Civil an Political Rights and on Economic, Social, and
Cultural Rights. Among the provisions which have a direct bearing
on criminal justice, of which prison administration is a major organ,
are those relating to the right to life, liberty and security of person,
the right to equality before and equal protection of law, right to be
presumed innocent until proven guilty, right of not to be subjected
to any cruel, inhuman or degrading treatment or punishment, and
right to an effective remedy for any unlawful violation2.

42 April-June, 2013
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The management of prisons in India is regulated by the Prisons

Act, 1894 and the Prison Manuals / Regulations enacted by various
States. Prison being the 'State' subject under Entry-4 in the Seventh
Schedule the Constitution of India, States have all the responsibility
/ competence to bring any change in the prison laws and to
address any issue which has a bearing upon prison management on
universally acceptable principles. Broadly, the prisons in India are
governed by the following framework:
• The Constitution of India, 1950
• The Indian Penal Code, 1860
• The Prisons Act, 1894
• The Prisoners Act, 1900
• The Identification of Prisoners Act, 1920
• The Transfer of Prisoners Act, 1950
• The Representation of People's Act, 1951
• The Prisoners (Attendance in Courts) Act, 1955
• The Probation of Offenders Act, 1958
• The Code of Criminal Procedure, 1973
• The Mental Health Act, 1987
• The Protection of Human Rights Act, 1993
• The Juvenile Justice (Care & Protection of Child~ Act, 2006
• The Repatriation of Prisoners Act, 2003
• The Model Prison Manual for Superintendence and anagement
of Prisons in India (2003)
• The Right to Information Act, 2005.
Human Rights Approach to Prison Management
Human rights are commonly understood as those rights which are
inherent to the human being. Every human being is entitled to

April-June, 2013 43
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enjoy his or her human rights without distinction of race, color,

sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
Human rights are legally guaranteed by human rights law. This
protects individuals and groups against actions which interfere with
fundamental freedoms and human dignity. They are expressed in
treaties, customary International Law, bodies of principles and other
sources of law. Human rights law places an obligation on States to act
in a particular way and prohibits States from engaging in specified
activities. However, the law does not establish human rights since
they are inherent entitlements, which come to every person as a
consequence of being human. Treaties and other sources of law
generally serve to formally protect the rights of individuals and
groups from actions or abandonment of actions by Governments,
which interfere with the enjoyment of human rights.
Important Characteristics of Human Rights
• Respect for the dignity and worth of each person
• Universality - they are applied equally without discrimination
to anyone
• Human rights are indivisible and inalienable. They cannot be
taken away except in specific situations. However, the right to
liberty can be restricted if a person is found guilty of a crime by
a court of law.
• Human rights are interrelated and interdependent. The violation
of one right will often affect several other rights3.
Section 2 (1) (d), of the Protection of Human Rights Act (PHRA),
1993 defines, human rights' as the rights related to life, liberty,
equality and dignity of the individual guaranteed by the Constitution
or International Covenants and enforcement by Courts in India.
Human rights approach prison management essentially advocates
that day-to-day prison administration shall be based on dignity and
equality of all stakeholders.
The human rights approach to prison management draws its

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normative framework from the following sourrcers:

• International human rights standards and norms relating to
prisoner's rights
• Legal framework regarding prison management
• Recommendations made by various Commissions/Committees
on prison reforms
• Human rights jurisprudence emerged through Supreme Court
and High Courts Judgments relating to prisoner's rights and
prison reforms
• Recommendations of NHRC/SHRCs for better protection of
human rights in prison management
The beauty of human rights approach to prison management is that
it ensures participation of all stakeholders-prisoners, families and
children of prisoners, prison visitors (official and non-official) and
prison officials. Essentially, the human rights approach consists of:
• Participation of all stakeholders (mentioned above)
• Prisoners are owners of human rights
• Human rights education for prisoners and the prison officers.
What is Human Rights Education?
Provisions on human rights education have been, incorporated
into many international instruments and documents, including
the Universal Declaration of Human Rights, 1948 (Art. 26); the
International Convention on the Elimination of All forms of Racial
Discrimination, 1995 (Art. 7); the International Covenant on
Economic, Social and Cultural Rights, 1996 (Art. 13); the Convention
against Torture and Other Cruel, Inhuman or Degrading, Treatment
or Punishment, 1984 (Art. 10); the Convention on the Elimination
of All Forms of Discrimination against Women, 1979 (Art. 10);
the Convention on the Rights of the Child, 1989 (Art. 29); the
International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, 1990 (Art. 33);

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the Convention on the Rights of Persons with Disabilities, 2006

(Art. 4 and 8); the Vienna Declaration and Programme of Action
(Part I, para. 33-34 and Part 11, paras. 78-82); the Declaration and
Programme of Action of the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, 2001
Declaration, paras. 95-97 and Programme of Action, paras. 129-
139); the Outcome Document of the Durban Review Conference,
2009 (paras. 22 and 107); and the 2005 World Summit Outcome
(para. 131).
In accordance with these instruments, which provide elements
of a definition of human rights education as agreed upon by the
international community, human rights education can be defined as
any learning, education, training and information efforts aimed at
building a universal culture of human rights, including:
• The strengthening of respect for human rights and fundamental
freedoms;
• The full development of the human personality and the sense
of its dignity;
• The promotion of understanding, tolerance, gender equality
and friendship among all nations, indigenous peoples and
minorities;
• The enabling of all persons to participate effectively in a free
and democratic society governed by the rule of law;
• The building and maintenance of peace;
• The promotion of people-centered sustainable development
and social justice.
Human rights education encompasses:
• Knowledge and skills - learning about human rights and
mechanisms, as well as acquiring skills to apply them in a
practical way in daily life;
• Values, attitudes and behaviour - developing values and
reinforcing attitudes and behaviour which uphold human rights;

46 April-June, 2013
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• Action - taking action to defend and promote human rights.

Principles for human rights education activities
Educational activities within the World Programme shall :
• Promote the interdependence, interrelatedness, indivisibility and
universality of human rights, including civil, political, economic,
social and cultural rights and the right to development;
• Foster respect for and appreciation of differences, and
opposition to discrimination on the basis of race, sex, language,
religion, political or other opinion, national, ethnic or social
origin, physical or mental condition, sexual orientation and
other biases;
• Encourage analysis of chronic and emerging human rights
problems (including poverty, violent conflicts and discrimination),
also in view of rapidly changing developments in the political,
social, economic, technological and ecological fields, which
would lead to effective responses and solutions consistent with
human rights standards;
• Empower communities and individuals to identify their human
rights needs and to claim them effectively;
• Develop the capacity of duty-bearers (in particular, governmental
officials), who have an obligation to respect, protect and fulfill
the human rights of those under their jurisdiction, to meet such
obligation;
• Build on the human rights principles embedded within the
different cultural contexts and take into account historical and
social developments in each country;
• Foster knowledge and skills to use local, national, regional and
international human rights instruments and mechanisms for the
protection of human rights;
• Make use of participatory pedagogies that include knowledge,
critical analysis and skills for action furthering human rights;

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• Foster teaching and learning environments free from want and

fear that encourage participation, enjoyment of human rights
and the full development of the human personality;
• Be relevant to the daily life of the learners, engaging them in a
dialogue about ways and means of transforming human rights
from the expression of abstract norms to the reality of their
social, economic, cultural and political conditions.
Human Rights Based Strategy
To ensure effective implementation of human rights framework in
prison management, it is required that capacity building of rights
holders- prisoners and their families and duty bearers i.e. prison
management (cutting edge functionaries and senior officers) should
be strengthened by the Government, academic Institutions and civil
society organizations. This aside, legal and policy advocacy, human
rights and media campaigns shall also be intensified. Indeed, human
rights strategy emphasizes non-discrimination, accountability,
participation, empowerment and clear links to international human
rights standards. Using human rights laws and existing policy
framework we may achieve human dignity for all-prisoners, their
families, children of prisoners, prison officials and the community.
It is now commonly understood that States have three levels of
obligation in relation to human rights: the obligations "to respect",
"to protect" and "to fulfill". The obligation to respect requires the
State to refrain from any measure that may deprive individuals of
the enjoyment of their rights or their ability to satisfy those rights by
their efforts. This type of obligation is often associated with civil and
political rights (e.g. refraining from committing torture, in-human
and degrading treatment or punishment to prison inmates) but it
applies to economic, social and cultural rights as propounded by
the Supreme Court in catena of cases during last 30 years.
The obligation to protect requires the State to prevent violations of
human rights by prison authorities.
The obligation to protect is normally taken to be a central function

48 April-June, 2013
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of states, which have to prevent ireparable harm from being

inflicted upon prison inmates. This requires state: (a) to prevent
violations of rights by prison officials; (b) to avoid and eliminate
incentives to violate rights by prison officers; (c) to provide access to
legal aid when violations have occurred, in order to prevent further
deprivations.
The obligation to fulfill requires the state to take measures to
ensure that people under its jurisdiction can satisfy basic needs (as
recognized in human rights instruments) that they cannot secure
by their own efforts. Although this is the key State obligation in
relation to economic, social and cultural rights, the duty to fulfill
also arises in respect to civil and political rights. In the context of
prison, the authorities must ensure that prisoners are provided
health, hygiene and correctional programmes as prescribed in
the human right normative framework. A violation of a human
right therefore occurs when a State's acts, or failure to act, do not
conform with that State's obligation to respect, protect or fulfill
recognized human rights of persons under its jurisdiction. To assess
a given State's behaviour in practice, however, it is necessary to
determine in addition what specific conduct is required of the
state in relation to each right. This will depend on the terms of the
state's human rights obligations, as well as their interpretation and
application; and this in turn should take into account the object
and purpose of each obligation and the facts of each case. The term
"violation" should only be used formally when a legal obligation
exists. The use of this tripartite typology is a practical analytical tool
to better understand the complexities of real situations. They are
guidelines that assist us to approach the complex interconnections
and interdependencies of the duties that must be complied with
in order to achieve protection of human rights. In this regard, it is
crucial to keep in mind that other obligations must be considered
as well, at all three levels, such as the duty to establish norms,
procedures and institutional machinery essential to the realization
of rights; and the duty to comply with human rights principles
such as non-discrimination, transparency, participation and
accountability4.

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Human Rights Jurisprudence for better prison

management
Significantly, the human rights embodied in the United Nations
Instruments5 is wholly in tune with the spirit behind the Fundamental
Rights and Directive Principles of State Policy as provided in
the Constitution of India. Human Rights of prisoners have been
interpreted within the framework of the fundamental rights as
laid down in the Constitution of India. Over the past 30 years, the
Supreme Court of India has reiterated the principle "imprisonment
do not spell farewell to fundamental rights"6. Thus, the Court has
cordially declared that for a prisoner the fundamental rights are
enforceable reality, though restricted by the fact of imprisonment.
This aspect has repeatedly been emphasized by the apex court and
has led to the articulation of three basic principles for the prison
administration to follow:
• A person in custody does not become a non-person;
• An incarcerated individual is entitled to enjoy all human rights
within the limitation of imprisonment; and
• An offender is sent to prison as punishment and not for
punishment i.e. the prison administration has no authority to
aggravate his/her suffering incidental to confinement.
In recent years, the advocacy for the protection of human rights of
persons in prison custody has stirred the court to intervene in all
such areas where the prison management is likely to exercise its
power arbitrarily or indiscriminately.
Discarding its erstwhile "hands-off” doctrine towards prisons in
favour of a judicial intervention when the rights of prisoners are
found in jeopardy, the Supreme Court has issued a number of
directives to the prison administration. Accordingly, the court has
held that prisoners must be allowed to read and write, exercise and
recreation, meditation and chant, creative comforts like protection
from extreme cold and heat, freedom from indignities like
compulsory nudity, forced sodomy and other unbearable vulgarity,
movement within the prison campus subject to requirements

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of discipline and security, the minimum joy or self-expression to

acquire skills and techniques and all other fundamental rights as
tailored to the limitation of imprisonment.
According to the Supreme Court, while physical assaults are to be
totally eliminated, even pushing the prisoners into a solitary cell,
denial of necessary facility, transferring prisoners to a distant prison,
allotment of degrading labour, assigning him/her to desperate
or tough gang, etc. must satisfy Article 21, 11 and 19 of the
Constitution. The young inmates must be separated and freed from
exploitation by adults. Any harsh isolation from society for long or
lengthy cellular detention can be inflicted only in consistent with
fair procedure. Subject to discipline and security, prisoners must be
given their right to meet his fellowment fellow women, interviews,
visits and confidential communication with lawyers nominated by
the competent authorities.
In a comprehensive judgment delivered in the case of Rama Murthy
vs. State of Karnataka (7) on December 1996, the Supreme Court
observed that there were nine major problems that affected the
prison system in India and required immediate attention. These
include: overcrowding, delay in trial, torture and ill-treatment,
neglect of health hygiene, insubstantial food and inadequate
clothing, prison vices, deficiency in communication, streamlining of
jail visits and management of open air prisons. While issuing show
cause notices to central and state governments on the relevant
points, the Court has emphasized, interalia the need to consider
the enactment of a new prison law on the lines suggested by the
National Human Rights Commission, and the formulation of a new
Model Jail Manual for the country as whole. A reference has also
been made to the recommendations of the All India Committee on
Jail Reforms (1980-83) commonly known as Mulla Committee, in
regard to the systems of remission, parole and per-mature release,
facilities for health and hygiene, food and clothing and streamlining
of the jail visits.
The Supreme Court further observed that "A sound prison system is
a crying need of our time". The Court emphasized that the cases of
Charles Sobraj8 and Sunil Batra9 should be considered as "beacon

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lights in so far as management of jails and rights of prisoners are

concerned." Broadly, the following rights of prisoners have been
recognized under the various Indian laws govering10 Supreme Court
and High Court rulings as well as those recommended by Expert
Commi tees. According to a publication of the Commonwealth
Human Rights Initiative11, each category lists the corresponding
duties of the prison staff and other Officers of the Criminal Justice
System.
• Right to be lodged appropriately based on Proper
Classification12
• Special Right of Young Prisoners to be segregated from adult
prisoners13
• Rights of Women Prisoners14
• Right to Healthy Environment and timely medical services15
• Right to bail16
• Right to speedy trial17
• Right to free legal services18
• Right to have interviews with one's lawyer19
• Right against being detained for more than the period of
sentence imposed by the Court20
• Right to protection against being forced into sexual activities21
• Right against arbitrary use of handcuffs and fetters22
• Right against torture, cruel and degrading punishment23
• Right not be punished with solitary confinement for a prison
offence24
• Right against arbitrary prison punishment25
• Right to air grievances to effective remedy26
• Right to evoke the writ Hebeas Corpus against prison authifor
excesses27

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• Right to be compensated for violation of human rights28

• Right to visit and access by family members of prisoners29
• Right to write letters to family and friends =r: letters,
Jgazines30 etc.
• Right to Reformative Programmes31
• Right in the Context of enjoyment of Prisoners ": wages32
• Right to information about prisons rules33
Besides, Supreme Court and High Courts rulings on pnsoners rights,
the problems of prison administration in India have been examined
by expert bodies since Independence. Their reports contain
extensive recommendation for streamlining prison management. As
early as 1951, Dr.W.C. Reckless was invited by the Government of
India under the UN Technical Assistance Programme to prepare a
plan for the reorganization of prison system on modern lines. The All
India Jail Manual Committee, 1957-59, formulated a Model Prison
Manual which was circulated among the State Governments as a
guide for revising their respective prison manuals. Subsequently, the
All India Committee on Jail Reforms 1980- 83 (commonly known as
Mulla Committee) presented detailed blueprint for the restructuring
of prison administration in a progressive manner. Among its major
recommendations, this Committee proposed a draft of a national
policy and an outline of consolidated law on prisons in the country.
However, the performance has yet to match the intent, as a result of
which the cleavage between the objectives and the achievements
has increased over the years, especially in the wake of a heightened
advocacy for the protection of human rights in prisons and the
judicial activism to see it happening34.
It is noteworthy to mention that during last 25 years various
committees such as Kapoor Committee (1986)35, National Expert
Committee on Women Prisoners (1987)36, All India Model
Prison Manual Committee (2000)37 Parliamentary Committee on
Empowerment of Women 2001-02,38 All India Committee on
Reforms in Criminal Justice (2003)39 (commonly known as Malimath

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Committee), All India Committee on National Draft Policy on Prison

Reforms and Corrections (2007)40 and Committee on Draft Policy
on Criminal Justice reforms41 headed by Dr. Madhav Menon were
constituted by the Government of India to improve human rights
situation, to the extent as are conducive to the reformation and
rehabilitation of prisoners in the changing scenario.
Further, to improve human rights based governance in Indian
prisons the National Human Rights Commission42 had issued several
guidelines and written letters to various authorities, including the
judiciary, the prison departments and the state Governments to
ensure that the right of prisoners are respected. The Commission
has also recommended the payment of interim compensation by
the State Government to the prisoners/next of kin for violation of
their human rights during incarceration period. Regarding human
rights education for prison officials, the National Human Rights
Commission and the Bureau of Police Research and Development
(BPR&D), Ministry of Home Affairs, Government of India have
sponsored seminars/workshops and research studies to the
universities, NGOs and Prison Officers Training Institutes.
The Impact of Human Rights Jurisprudence in Improving
Prison Conditions
The Judicial activism in prison related matters had a limited impact,
since the court could generally provide relief in individual cases, the
overall governance of prisons remained more or the less unaffected.
This is not surprising in view of the nature of the prison regime. The
prison bureaucracy is most resistant to change and view outside
interventions as unnecessary interference. Mulla Committee (1983,
p.279) commented on the apprehensions:
"The humanistic approach in the treatment of offenders being
emphasized by the courts through their judgment seems to have
generated an unfounded apprehension of security and personal risk
among them. Staff has taken all such healthy directions in the wrong
perspective and has interpreted them as leading to unbridled laxity
in prison discipline. "

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Since emergency period (1975) the Judiciary and Civil Society

Organisations have advocated prison reforms, however, they could
not show cascading effect on the ground level. The prison officials
dislike bleeding heart liberal attitude of the judiciary, Human Rights
Commissions and other Statutory Commissions because it has
opened the floodgate of prison litigations, many of which, they say,
are based on false and frivolous ground. To explain their view point,
they say that offenders charged for organized and political crime,
etc. often forward false and malicious complaints against prison staff
in order to brow-beat and demoralize them. Some prisoners, they
say, are interested in lax administration so that they may violate
the rules of prison discipline, extract privileges, acquire a dominant
position on other inmates, smuggle contraband and arrange
for frequent visits to outside hospitals. In order to achieve these
objectives, they want to demoralize the prison staff by making false,
baseless and malicious allegations. Notwithstanding the indifferent
or hostile attitude of the majority of the prison officials in regard to
court mandated prison reforms, there are few amongst them who
see a silver lining in the judicial and quasi-judicial interventions in
prison management.
Judicial intervention in certain cases has been welcomed by the
progressive prison managers who have long recognized the need
for change, but have lacked the courage to prod the legislature and
other institutions to do their duty. Judicial activism, they argue, can
help accomplish the reforms that many prison officials are waiting
to accomplish. Their more important argument is that under
judicial threat of court action, the legislators and top level prison
management might accelerate appropriate remedial measures for
prison reforms.
Academics in criminology and correctional administration, social
workers and human rights activists engage in the field have widely
welcomed activist intervention of the judiciary in the murky business
of prison administration. They feel that the judicial intervention
has at least been able to create the possibility and appearance of
inmates rights. They perceive three net gains43as follow:
 The transformation of prisoners from non-persons to a jural

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entity;
  rison officials are nervously beginning to accept that
P
absolute power over the lives of inmates is threatened;
and
  rison litigations have forced a small opening in a system
P
surely in need ventilation.
There is a widespread awareness among the enlightened circles that
despite court ordered reforms and the monumental work done by
various expert committees at the national and state levels, prison
administration has been neglected for long. The rulings of the apex
court have increased the gap between the cherished principles and
actual practices. Governed by the archaic laws, out-moded structure
and obsolete methods and apparatuses, the prison administration
find itself unable to cop with the changed and changing demands
of the society in transition. It is, therefore, high time that a major
thrust is provided towards thorough restructuring of the Indian
prison system.
The Ethical Basis of Prison Management
Ethic, also known as moral philosophy, is a branch of philosophy
which seeks to address questions about morality; that is about
concepts like good and bad, right and wrong, justice, virtue, etc.
Major branches of ethics include Meta ethics, applied ethics, moral
psychology, and descriptive ethics (44). In the prison context ethics
is a set of practices and philosophy to guide member of prison
service to act in a manner consistent with the values and standards
prescribed by international human rights law and Constitutional
provisions as interpreted by the Supreme Court in many path
breaking judgments prisoners rights and prison reforms as well as
reiterated by various expert committees on Prison reforms, and to
actively internalize and enforce these norms, standards and values.
It is an established fact that prison management need to operate
within an ethical framework. Without a strong ethical context, the
situation where one group of people is given considerable power
over another can easily become an abuse of power. The ethical

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context is not just a matter of the behavior of the individual staff

towards prisoners. A sense of the ethical basis of imprisonment
needs to pervade the management process from top to down. An
emphasis by the prison authorities on correct processes, a demand
for operational efficiency, or pressure to meet management targets
without a prior consideration of ethical imperatives can lead to
great inhumanity. A concentration by the prison authorities or
technical processes and procedures will lead staff to forget that a
prison is not the same as a factory which produces motor cars or
washing machines. The Management of prisons is primarily about
the management of human beings, both staff and prisoners. This
means that there are issues which goes beyond effectiveness and
efficiency. When making decisions about the treatment of human
beings there is a fundamental consideration; the first question which
must always be asked is "Is what we are doing right45.
Prof. Amartya Sen, in his famous book The Idea of Justice"46 has
presented a theory of justice in a broad sense. It advocates that
how we can proceed to address questions of enhancing justice and
removing injustice, rather than to offer resolutions of questions about
the nature of perfect justice. The central theme of Sen's argument,
in his theory of justice, is that a theory of justice that can serve as
a basis of practical reasoning must include ways of judging how to
reduce injustice and advance justice, rather than aiming only at the
Charter Barter of Perfectly Justice Societies-an exercise that is such a
dominant feature of many theories of justice in political philosophy
today. In understanding the contract between an arrangement
- focused and a realization of focused view of justice is useful to
invoke an old distinction from the Sanskrit literature on ethics and
jurisprudence. Consider two different words - Niti and nyaya - both
of which stand for justice in Classic Sanskrit. Among the principal
uses of the term, 'Niti' are organizational proprietary and behavioral
correctness. In contrast with 'Niti', the term 'nyaya' stands for a
comprehensive concept of realized justice. In that line of vision, the
role of institutions, rules and organization, important as they are,
have to be assessed in the broader, and more inclusive perspective
of 'nyaya' which is inescapably linked with the word that actually
emerges, not just the institutions or rules we happen to have.

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In context of prison administration, the prison managers shall

implement human rights and ethical standards through transparency
and community participation. It is a well known fact that obscurity that
covers the institution of prison makes it a fertile breeding ground for
human rights violation. Barring a few institutions, prison conditions
are appalling in the country. Most of these afflictions result not from
any malfeasance of the prison staff but from the collective neglect
of the whole system47. Those who can deliver goods do not know
how to do that. Those who know have no means to remedy the ills.
There is lack of effective communication. Those who communicate
lack perseverance. There is no linkage, no monitoring, no deadlines,
no evaluation and therefore no result. A classic example of this is
the Performance Audit Report of the management of Prisons in
Maharashtra, published by the Comptroller and Auditor General48
covering period, 2003-08. The report revealed that there was short
receipt of central funds due to non-utilization of funds by the State
in time; provisions of financial codes were not adhered to in the
maintenance of cash books; a large number of posts of security staff
were lying vacant; modern security equipments were not installed in
the prisons; there was over- crowding in the prisons; large number
of works relating to improvement to prison infrastructure were not
completed; inspections of the prisons was not carried out regularly
by the IGP; the internal audit of 42 units was pending for periods
ranging up to 35 years, and Model Prison Manual, 2003 furnished
by the Government of India to the State Government for adoption
in December 2003, was not accepted as of August, 2008.
Reforms in Prison Policies: Contemporary Scenario
Dr. W.C. Reckless's report on prison Administration in India'
submitted to the Govt. of India in 1952 marked a turning point
in the history of prison reforms in post-independence period. In
pursuance of the recommendations of Dr. Reckless, a conference
of I.G. Prisons of various States was conveyed in Bombay at the
instance of Govt. of India in 1952. This conference provided an
excellent forum for exchange of views to evolve prison correctional
policies based on reformation & rehabilitation of prisoners. As a
result of I.G. Prisons Conference, the Ministry of Home Affairs, Govt.

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of India, appointed an All India Jail Manual Committee in 1957

with I.G. prisons, correctional administrators and social scientists.
The Committee submitted a comprehensive report in 1959 along
with a "Model Prison Manual" containing elaborate standards and
guidelines on the subject. It has also recommended that Acts relating
to prison be revised.
All India Committee on Jail Reforms, 1980-83 has analysed in detail
the basic problems confronting the system and identified areas of
concerted action. The Supreme Court in Ramamurthy Vs. State of
Karnataka,49 besides others, has specifically directed the Central
Govt. to enact a new Prisons Act to replace the century old Prison Act,
189 and also prepare a new all India Jail Manual as a concrete20 plan
for prison restructuring. Accordingly, Bureau of Police Research &
Development (BPR & D), Ministry Home Affairs, Govt. of India
50
has prepared a Model Prison Manual in 2003 and appealed to
States & UTs for its adoption to promote:
• Basic uniformity in the legal framework in the administration of
prisons all over the country; and
• To lay down the framework for custody and treatment of
prisoners.
In this context, the National Human Rights Commission has also
been engaged, since its inception in 1993, in building a national
consensus for the rationalization of prison legislation as the starting
point towards a thorough restructuring of the prison system in
consonance with its cherished goal. With the assistance of a core
group of leading prison administrators and experts, an outline of the
proposed was prepared and circulated among the Chief Ministers
for consideration. Besides taking into account the suggestions
emanating from national forum the provisions of the relevant United
Nations instruments, especially the Standard Minimum Rules for
the Treatment of Prisoners have also been drawn up to the extent
consistent with the indigenous milieu. The State Governments
have been requested to move their respective legislatures to pass a
resolution for a Central law and the subject as required under the
Constitution51.

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The Ministry of Home Affairs, Govt. of India has devised a draft

National Policy on Prison Reforms & Correctional Administration
in 2007 and the same has been circulated to all States / UTs for
comments in order to evolve national consensus. The draft policy
document contains various recommendations for structuring the
pnson management in the country in the light of Supreme Court
rulings & recommendations made by expert committees constituted
so far on pnson reforms. In crux, the National Prison Policy highlights
that:
(a) Nobody is born as a criminal; it is the circumstances, societal
constraints, inherited environment and at times accidents,
which makes him a criminal. So it is a societal concern and
there needs to be total overhaul in our strategy in dealing with
the prisoners. The mantra of the day should be "Reclaiming of
these offenders rather than Punishment".
(b) "prisons shall endeavor to reform, reclaim, re-assimilate and
rehabilitate the offenders in the social milieu by providing
appropriate correctional treatment.
(c) The resource constraints with the State Governments limit the
scope of expansion in prison capacity beyond some reasonably
manageable level. This logically brings us to the subject of
thinking of 'alternatives to imprisonment' in our sentencing
policy.
(d) The atmosphere of prisons should be surcharged with positive
values and the inmates should be exposed to a wholesome
environment with appropriate opportunities to reform
themselves.
(e) The State recognizes that a prisoner loses his right to liberty
but still maintains his right to be treated as a human being
and as person. His human dignity shall be maintained and all
basic amenities should be made available to him. Whereas his
movement is restricted, he has freedom of life and all other
fundamental rights as laid down in the Constitution of India.
(f) The endeavor shall be to address the root cause of the
crime, i.e. poverty, unemployment, lack of education and

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employability skills rather than imparting of punishment only.

Therefore, the focus shall be on correctional administration
and imparting of values, education, vocational skills & training
to help them live with honour by having gainful employment
and rehabilitation on release.
(g) The young children, especially of the women convicts, shall
be treated with dignity and all the facilities for their proper
upbringing & education shall made be available to them by
the State.
(h) Effort should be reform the criminal minds rather than punishing
alone. This could be achieved by involving the criminal minds
and keeping them busy in education, work, physical exercises
and instilling good values through counseling, meditation,
yoga etc.
(i) The number of under trials and convicts shall be kept at
minimum by recourses to a number of legal measures such as
fast track courts, Lock Adalats and even through appropriate
judicial interventions.
(j) The prisons shall be modernized and technologically upgraded
so as to make them safer, more secure, efficient, livable and
transparent in their functioning.
(k) Impetus needs to be given to the concept of OPEN prisons
which are supposedly provide a much more humane treatment
to the inmates for their transformation and correction
Academia & field practitioners in criminology & correction
administration consider this as a positive move to evolve a national
policy on prisons, however, they strongly feel that wide consultations
with other stakeholders (other than Govt.) would have made the
draft policy paper more inclusive and participative in nature. It is
noteworthy to mention that Ministry of Home Affairs, Government
of India had issued several Advisories to All State Governments/
UTs during 2009-2011 to take effective measures for human rights
based governance, however, their implementation by the State
Governments in not available in the public domain ( A Compendium

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of Advisories on Prison Administration is available at http://www.

mha.nic.iniuniquepage.asp?Id _Pk=229 ).
Over a period of time, the Government of India has taken various
measures to reduce undertrail population in prisons. Indeed, over-
crowing creates fertile ground for human rights violations in various
ways and therefore posses major challenges to the prison managers
in observance of human rights in prison setting. It is important to
mention that Government of India during last few decades has
initiated following measures to de-congest prisons:
• Lagislative measures
• Developing alternative to imprisonment.
• Expediting trial process.
• Infrastructure-creation of additional infrastructure and
upgradation of existing prisons.
• Promoting good practices to manage prison establishments.
• Optimum use of available capacity - Maximizing the capacity
utilisation.
Despite the court rulings on several aspects of prison administration,
including the human rights of prisoners and initiatives taken by
Bureau of Police Research & Development (BPR&D) & Regional
Institutes of Correctional Administration (RICAs) National Human
Rights Commission (NHRC) and State Huma ights Commissions
(SHRCs), academic institutions and civil society organisations
(CSOS) to sensitize prison staff on Human rights issues, prisons are
still effectively far away from public visibility and accountability, and
the predictable abuses continue to take place52.
Specific Areas of Human Rights in Prisons: Issues
Of various aspects of prison administration, living conditions
of inmates have been subjected to severe criticism by courts,
expert committees, advocacy groups and other interested in
the maintenance of minimum standard of human dignity in
prisons. The criticism has been leveled on account of insufficient

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accomodation, indiscriminate handling of different categories of

offenders, unhygienic conditions, sub-standard food, inadequate
water supply; inadequate medical care, lack of properly devised
correctional activities and vocational training, atrocities on young,
women prisoners and maltreatment with the poor prisoners
(specially prisoners belonging SC/ST categories) etc.
Within the overall framework of the administration of prisons and
management of prisoners in the context of human rights, there is
a definite need for further differentiating the approach towards
certain categories of prisoners. Among such categories, women
prisoners, young offenders and mentally ill onfinement & older
prisoners have to be dealt in view of their specific correctional needs
and rehabilitative requirements. The expert committees (including
Mulla Committee) constituted from time to time on prison reforms
and the National Human Rights Commission, have proposed a set
of special provisions and safeguards for these categories. Broadly,
the following recommendations were made by various expert
committees to streamline prison administration from human rights
perspective:
• Replacement of dilapidated prisons
• Over-crowding
• Diversification of education programme;
• Improvement of living conditions;
• Provisions for medical and psychiatric services
• Vocational training and gainful employment
• Improvement in the conditions of women prisoners
• Segregation of prisoners
• Provisions for free legal aid
• Speedy trial including humane and dignified treatment with the
prisoners
• Human Resource Management of Prison Staff Recruitment,

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training and career advancement.

In compliance with the court rulings and recommendations of
expert committees and the National Human Rights Commission,
the Government of India released a fund to the tune of Rs.125.24
crore during 1987-2000. However, conditions of prisoners did
not improve as per expectations nor was there any significant
change in the general conditions of prisons or in the attitude of jail
authorities. Due to paucity of funds with the State Governments
and keeping in view the awful conditions of the prisons in the
States, the Kapoor Committ (1986)53 especially, emphasized the
need to provide Central assistance to the States under the scheme
called the "Modernization of Prisons" for improving the conditions
of the prisons, prisoners and prison personnel.
Considering the appalling conditions of the prisons in the States,
paucity of the funds with the State Governments and the dire
need for improving the conditions of prisons, prisoners and prison
staff, a much larger investment in this sector was required.54
Based on the assessment conducted by the Bureau of Police
Research and Development (BPR&D), the Central Government
in 2002-03 launched a non-plan scheme of Modernization of
Prison Administration with a total outlay of Rs.1800 crore. The
scheme involved the contribution from Central as well as the State
Governments on the cost sharing basis of 75:25 and was proposed
to be implemented over a period of five years for 2002-03 to
2006-07. Under this scheme, financial assistance was given to
State Governments for undertaking the following items of work:
• Construction of additional jails to reduce overcrowding;
• Improvement in sanitation and water supply; and
• Living accommodation for prison staff.
While launching this scheme, Ministry of Home Affairs envisaged
that "The scheme would definitely help in improving the physical
condition in prison as creation of additional accommodation would
help in reducing overcrowding. Repairs, renovation and water
and sanitation works will help in improving the living condition of

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prisoners, the construction of staff quarters for prison personnel will

boost the morale of the prison staff which will thereby help them in
performing their duty more efficiently55.
The implementation of this scheme was assessed by the Department-
Related Parliamentary Standing Committee on Home Affairs in
200956. The Committee noted that some States like Chhatisgarh,
Haryana, Gujarat, Jammu & Kashmir, Manipur, Tamilnadu and
Andhra Pradesh have performed better, while the States of Bihar,
Goa, Himachal Pradesh, Jharkhand and Kerala have performed
badly. Besides, evaluating this scheme, the Committee has made
various progressive recommendations for augmenting prison
infrastructure suitable for realization of human rights in prison
setting. The Committee observed that “It is considered opinion of
the Committee that the conditions in an average Indian Prison are
awful, which present a very depressing picture. Being overcrowded,
unhygienic and gloomy, these incarceration centers are presumed
to be places far from being any kind of correctional centre. They
often breed hardened criminals who practically become a menace
to the society. A mindless adherence to centuries old jail manuals
leaves very little scope for any innovative approach in the matter of
dealing with people who end up in prisons for various reasons and
under various circumstances. With revolutionary changes taking
place in every field around us, it is high time that our mindset
towards prisoners also undergoes a change, that a prison should
truly reflect the spirit of correction and reformation by treating the
inmates as human beings (Para 4.10.2)".
More recently, the All India Conference of Director General/
Inspectors General of Prisons held on 17th March, 2012 at Bangalore
by the Bureau of Police Research and Development, New Delhi
has passed the following resolutions to streamline the prison
governance:
1. Perspectiv plan for five years on prisons should be prepared
by all the states and properly project their requirements to the
Central Government while seeking financial assistance.

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2. The higher judiciary should be approached to sensitize the

lower courts and prosecuting agencies to resort to the provision
of Probation of Offenders Act and the effective implementation
of 'Plea Bargaining', Sec. 436A Cr.P.C to reduce the problem
of over-crowding in prisons.
3. Efforts should be made to strengthen various alternatives to
imprisonment rather than sending offenders involved in petty
offences to prisons.
4. Model Prison Manual prepared and circulated by the BPR&D
should be used as reference guide by all the states to keep
pace with the contemporary developments.
5. All Sub-Jails should be brought under the administrative
control of prison department in all the states and the Heads of
Prison Departments should be empowered to maintain them
in terms of infrastructure and manpower.
6. The Government of India may initiate second phase of
Modernization Scheme as soon as possible so that the state
governments may develop their infrastructure to the desired
extent.
7. All the states should prepare status report on their Probation
Service and move a proposal to their respective Government
to bring Probation Services under the administrative control
of the prison department.
8. All prisons should be linked with their respective courts
through video conferencing to expedite trial and to reduce
the burden of escorting the under trial population in prisons.
9. As far as possible uniformity in rank structure of the Prison
Officers should be brought in all states of the Country.
10. The states should undertake efforts to bring parity in pay
scales with the uniformed services and encourage the staff
with rewards in recognition of their contributions.
11. All the Heads of Department should work for the creation of

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All India Service for Prison and Correctional Services.

12. Proper accommodation for prison personnel has to be
provided. Accommodation should be provided to all Prison
Staff including personnel.
13. Training programmes for officers in the country need to be re-
evaluated to ensure that the curriculum suits the needs of the
modern prison and correctional administration.
14. Prison training institutes should enter in to MoU with various
universities and colleges for making training more focused,
meaningful and purposeful.
15. All the states may review all issues concerned, work out the
modifications/adaption required for the state and implement
Modem Prison Manual.
16. Heads of Prison Departments should take lead in augmenting
prison officer training and also attend courses like vertical
interaction course57.
Prison Staff: Facilitators for Realization of Prisoners Rights
Several court rulings and media reports have already highlighted the
situation, however, many recvelations and writings on the subject
do not go deep into the prison malaises and hardly report on why
human rights abuses take place in prison? This is an area on which
very less authentic literature is available. With this view in mind we
will examine critically the role of prison staff in creating an enabling
environment in the prisons.
The protection of human rights of prisoners and inculcating a
culture of human rights in prison setting on the quality, caliber
and competence of the staff engage in the care, management and
treatment of prisoners. Prison staff carry act out of the most difficult
tasks of a civilized society. Prisons are part of criminal justice system.
The international instruments stress that the best security is in the
establishing, by all the prison staff, of good working relationship
with prisoners. Hence, the manner is which they are treated
depends primarily on the attitude, capacity, competence and

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motivation of the middle and cutting edge prison staff. The

international instruments have, laid down the framework &
mechanisms for the development and growth of prisoners and
the prison personnel. Unfortunately , the rights of prison staff who
actually implement the human rights of the prisoners, have not
been recognized after 64 years of independence and the policy
of the British Raj of running the prison in as cheap a manner as
possible still continues. Thus, effectiveness and utility of correctional
Institution largely depend upon the satisfaction and pride that prevail
in the service. Only content prison staff will be able to implement
correctional policies in the right spirit. Better service conditions will
produce better personnel and better personnel will develop better
Institution. This impels/forces us to say that prison staff too have
rights.58.
An assessment of the working and service conditions of prison staff
shows that the conditions in which the lower echelons of the prison
staff lived are in some cases worse than those of the prisoners. This is
an important factor contributing to the poor functioning of prisons,
apathy of the prison staff towards the plight of prisoners, corruption
and all over deprivation of prisoners of their basic amenities. Such
sub-standard conditions of service produce a culture of frustration
and dehumanization in the service which often spills over and gets
translated into aggression on prisoners. Thus, the conditions of
work create an environment that discourages initiative, leadership
qualities and an enlightened rights based approach59.
Challenges
Under the existing legal framework, all types of offenders are
huddled together in overcrowded and congested prisons, with
no scope for their individualized study, diagnosis and handling
for the purpose of correctional treatment. There is no system for
scientific classification of prisoners which may take into account
not only the nature of crime and length of sentence but also the
personnel profile of the individual offender and the circumstances
in which crime was committed. Living conditions in prisons breeds
indiscipline, degeneration and devaluation of human dignity. The
internal management is largely run by a minority of cleaver, crafty

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and hardened prisoners (known as convict Watchmen, Supervisors

etc.) at the cost of the majority of those who land in prisons under
various kinds of situational compulsions. While labour is mandatory
for those sentenced to rigorous imprisonment, the therapeutic spects
of correctional treatment such as educational training and behavior
modification are only superficial. There is hardly any linkage between
prison programmes and community based resources to provide
for necessary social and economic supports for the rehabilitation
offender. There is no transparent and standard policy for recruitment,
training and human resource management and the mechanism for
research and evaluation and monitoring of the programme planning.
How do we expect our prisons to be respectful to the prisoners rights
when the conditions of confinement amount to infliction of cruel,
in- human or degrading treatment or punishment.
Another impediment for creating and enabling environment
prisons relates to the quality of leadership at management level. It
is noteworthy to mention that the Jail Officers at the management
level, Directors General/Inspectors General/Deputy Inspectors
General majority of whom are on deputation from the police
service, consider this as punishment posting and are generally
too demoralized to contribute significantly to the building up
of the department. Most of them are merely time servers. The
supervisory level (the Superintendents/Dy. Supdt. and Asstt. Supdt.
Jailors etc.), consisting of staff belonging to the prison services, too
is demoralized because of poor service conditions, lack of career
opportunities and public esteem. At the grassroots level (Head
Warders/Warders etc.) the department has people who remain
inside the prison walls, interacting with prisoners most of the time.
This factor combined with their pathetic service conditions, has
the effect of dehumanizing them. Some of them develop vested
interest and join hands with the criminals.
This aside, most the prisons are having the problem of under staffing.
This would result in pressure on the staff already posted leading
to deterioration in the quality of facilities for the inmates60. The
ground realities of Indian prisons require a thorough restructuring of
the system. This include rationalizing policies for staff recruitments,

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deployment and development, working and service conditions and

adequate training which could cater effectively to the requirements
of both custody and correction.
Essentially, litigation alone cannot solve the problems of prisons or of
prisoners rights, and judicial intervention alone can not effectively
make prison environment conducive to human rights. The duty is
cast upon the prison management at all levels for the strengthening
the prisoners rights campaign begun by the judiciary and human
rights commission. The top brass in the prison administration must
welcome court rulings and not dilute the court orders aimed at
bolstering the human rights climate in prisons.
The way Forward
The task of protecting human rights that prisoners are entitled to and
of implementing progressive ruling of the Supreme Court and High
Courts and recommendations made by various commissions and
committees on prison reforms, including radical reforms suggested
by the National Human Rights Commission call for a thorough
restructuring and reorganization of prisons in India. To address
human rights issues in prison setting requires two fold strategy:
• Devise actionable strategy for addressing the human rights
violations in prison; and
• Inculcating a culture of human rights through rights based
approach to prison management.
These two essential elements need radical reforms in prison
administration, development of coherent strategy to tackle
specific human rights issues in prisons through accountability
and transparency in the routine matters of prison administration,
widespread public debates and mounting pressures from human
riglits activists, (including human rights commissions and other
statutory commissions such as women's commissions and child
rights commissions etc.), judiciary, investigative journalists and
forward looking criminologists and correctional social workers.
Also there is an urgent need to develop the framework and tools in
consultation with key stakeholders for monitoring, evaluation and

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impact assessment of human rights modules delivered by prison

training institutions61.
Also, social audit of "Modernization of Prisons" scheme launched by
the Central Government in 2002-03, (under a non-plan scheme)
should be conducted by independent researchers, so that an
impact of this scheme could be evaluated in addressing specific
areas of human rights such as accommodation, diet, clothing,
bedding and medical care, education, work and vocational
training programmes, parole and pre-mature release, including
remission, legal aid, gender and caste specific discrimination,
human resources management and policies regarding recruitment,
training and career advancement in prison setting. Finally, there is
a strong need to develop and strengthen interface between prisons
and the community, including local self bodies and panchayati raj
institutions so that prisons are accepted as social development issue
and included in their development plans and budget outlays.
The present accent on the protecting of human rights of persons
in custody has aggravated the need to restructure the prison
and sharpen its role in the context of social and community
development62. In this regard, the following recommendation of the
All India Committee on Jail Reforms, 1980-83 (Mulla Committee),
deserves attention:
"Programmes for reformation and rehabilitation of offenders, for
making them useful citizens, must find a place in our national plans.
These programmes should be included in the plans for the same
reasons for which educational and social welfare programmes have
been so included. No greater justification need to be adduced in
support of our recommendation than the fact that prisons in a
Welfare State like ours are not merely agencies of law enforcement
but are welfare institutions providing correctional programmes for
the offenders and social defence programmes for the welfare of the
society as a whole. " 
References and Notes:
1. Improving Prison conditions in India - A Human Rights Perspective.
Unpublished concept paper of the National Human Rights

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Commission, New Delhi.

2. Singh, Hira (1999): Status of Human Rights in Prisons, ACPF Sixth
World Conference (working papers) held in New Delhi, December,
1999.
3. NHRC, New Delhi (2004) : Know your rights-International Human
Rights Conventions.
4. International Council of Human Rights & Transparency International,
2009; Corruption and Human Rights; Making the Connection (also
available at www.ichrp.org) .
5. (i) Standard Minimum Rules for the Treatment of Prisoners (1955). (ii)
Principles of Medial Ethics relevant to the Role of Health Personnel,
particularly physicians, in the Protection of Prisoners and Detainees
against Torture and other Cruel Inhuman or Degrading Treatment
or Punishment (1982). (iii)Convention Against Torture (1984). (iv)
Body of Principles for the Protection of All Persons under any form
of Detention or Imprisonment (1988). (v) Basic Principles for the
Treatment of Prisoners (1990).
6. Charles Sobraj vs. Superintendent, Central Jail, Tihar, New Delhi.
AIR 1978 SC 1514.
7. AIR 1997 SC1739
8. Charles Sobraj vs. Superintendent, Central Jail, Tihar, New Delhi:
AIR 1978 SC 1514;
9. Sunil Batra vs. Delhi Administrations & ors, AIR 1978 SC 1675; Sunil
Batra (ll) vs. Delhi Administration. AIR 1980 SC 1579
10. These are Prisons Act (1894), Prisoners Act (1900), Identification
of Prisoners Act (1920), Transfer of Prisoners Act (1950) Prisoners
(Attendance in Courts) Act (1955), Civil Jails Act (1874), Borstal
School Act, Habitual Offenders Act, and Mental Health Act etc.
Other than these, the Jail Manuals of each State govern the day to
day administration of prisons in the States.
11. Sreekumar, R (2003): Handbook for Prison Visitors, New Delhi:
Commonwealth Human Rights Initiative.
12. Section 27(3), Prisons Act, 1894: and Ramesh Kaushik vs. B. L.
Superintendent, Central Jail, Delhi, AIR, 1981 SC1767
13. Section 27(3) Prisons Act, 1984. Also refers to the Right to Protection
Against Being Force into Sexual Activities

72 April-June, 2013
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14. Sheela Barse vs. State of Maharashtra AIR 1983 Sc378; and also refer
Section 24(3) of Prisons Act, 1894
15. Refer various Section of Prisons Act, 1894: such as 24(3);
13,26(3),26(2),29,35(2), and 39A. Also refer Ramamurthy vs. State
of Karnataka AIR 1997 SC 1739; and NHRC letter DO NoA!3!99-
PRP&P dated 11 February 1999 addressed to all Chief Secretaries!
Administrators of all StateslUTS.
16. Section 436 A Cr.P.c. lays down the right of an under trial to apply
for bail once he!she has served one half of the maximum term of
sentence he!she would have served had he!she been convicted. On
a bail application filed under this section, the Court shall hear the
public prosecutor and may order the:
a) Release such person on a personal bond with or without surety; or
b) Release of such person on bail instead of personal bond; or
c) Continue detention of such person (in cases pertaining to (2) & (3).
The Court is required to record reasons in writing. This section further
prescribes the detention of an undertrial beyond the maximum
period of punishment prescribed for the offence he!she is alleged
to have committed. (This provision is not applicable to persons who
are accused of an offence which attracts death sentence as are of
the punishment). This is noteworthy to maintain that Section 436
A was inserted in the Cr.Pc by the Code of Criminal Procedure
(Amendment) 2005 vide Act 25.9.2005, wef. June 23, 2006. Please
also refer Supreme Court rulings in Motiram & others vs. State of
Madhya Pradesh AIR 1978 SC 1594; Hussairanan Khatoon & othrs
vs. Home Secretary, Bihar, Patna , AIR 1979 SC 1360; Supreme
Court Legal Aid Committee vs. Union of India & others, 1994(3)
Crime 644(SC); Common cause vs. Union ofIndia & others (1996)
4SCC33.
17. Hussain Khatoon & others vs. Home Secretary, State of Bihar,
AIRl1979 SC1360. This aside, non-official visitors appointed under
Jail Manual Rules should follow up with the concerned officials.
18. M.H.Hoskot vs.Stat of Maharashtra 1974 SC 1143. Also refer Section
383 Cr.Pc.
19. Section 40 of Prisons Act, 1894. Also refer Sunil Batra (ll) vs. Delhi
Administration (1980) 3SCC para 78(3) of page 521.
20. Veena Sethi vs. State of Bihar & others AIR 1983 SC339. Also refer

April-June, 2013 73
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Section 12(2) of Prison Act, 1894.

21. Munna vs. State of Uttar Pradesh AIR 1982 SC806. Also refer No
escape: Male rape in US prisons, Human Rights Watch, New York,
2001.
22. Prem Shankar Jha vs. Delhi Administration AIR 1980 SC 1535. Also
refer Sunil Gupta & others vs.State of MP (1990) 4 SCC 475 and
other citizens for Democracy vs. State of Assam AIR 1996 SC 2193.
23. Francis Coralle Mullin vs. The Administrator, Union Territory of Delhi
& others AIR 1981 SC746
24. Sunil Batra (II) vs. Delhi Administration AIR 1978 SC 1675
25. Section 50, of Prisons Act of 1894
26. Sunil Batra (II) vs. Delhi Administration (1980) 3 SC Para 78(4) at
page 521
27. Ibid at page 504,
28. Rudal Shah vs.State of Bihar AIR 1983 Se 1086, Sebastian M.
Hongray vs. State of Jammu & Kashmir AIR 1984 SC 1026 and D.K.
Basu vs,State of West Bengal AIR 1997 SC 614.
29. Sunil Batra (II) vs, Delhi Administration (1980) 3 SC 521
30. Ibid
31. Ibid
32. Various Sections (34&35) of Prisons Act 1894 and also State of
Gujarat vs.High Court of Gujarat (1998) 7SCC 392
33. Sunil Batra (II) vs.Delhi Administration (1980) 3SCC para 79 (1) of
page 522.
34. Singh, Hira (1999): Status of Human Rights in Prisons, ACPF Sixth
World Conference (working papers) held in New Delhi, December,
1999.
35. A Group of Officers on Prison Administration headed by Shri
R.K.Kapoor (1986) popularly known as Kapoor Committee, was
constituted to examine and review various aspects' of administration
and management of prisons, especially in the context of security and
discipline in prisons and suggest measures for their improvement.
36. National Expert Committee on Women Prisoners of 1987 chaired
by Justice V.R.Krishna Iyer.

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37. Bureau of Police Research & Development (BPR&D), Ministry of

Home Affairs, New Delhi.
38. Third Report of the Parliamentary Committee on Empowerment on
"Women in Detention" presented to the Parliament on 24th August,
2001.
39. Committee on Reforms of Criminal Justice System, 2003, Government
of India, Ministry of Home Affairs, New Delhi.
40. Constituted by Bureau of Police Research & Development, Ministry
of Home Affairs, Government of India, New Delhi.
41. Constituted by Ministry of Home Affairs, 2007.
42. One of the important functions of the National Human Rights
Commission as provided under Section l2( c) of the Protection
of Human Rights Act, 1993 (as amended) by the Protection of
Human Rights (Amendment) Act, 2006-No. 43 of 2006) is to "visit
notwithstanding anything contained in any other law for the time
being in-force, any Jail and other institution under the control of
the State Government, where persons are detained or lodged for
purpose of treatment, reformation or protection, for the study of the
living conditions of the inmates thereof and make recommendations
there one to the Government". The Commission during the last
18 years undertook visits to a large number of prisons all over the
country, inquired into numerous complaints regarding violation of
human rights from prisoners and high the need for prison reform in
its orders and reports. The Commission time and again reiterated that
there is an urgent need for systematic reforms in prisons. (For details
please refer Proceeding of Workshop on Detention held on October
11-12, 2008, at New Delhi, published by NHRC, New Delhi, 2008.
Also refer Annual Reports and a recent publication "Human Rights
Best Practices Relating to Criminal Justice in a Nutshell" (Available at
www.nhrc.nic.in). Also refer 'Rights Behind Bars'(2009) published by
Commonwealth Human Rights Initiative, New Delhi (Available at
www.humanrightsinitiative.org)
43. For details refer Reading material for special course on Human Rights
in Prison Administration organized by the LNJN National Institute of
Criminology and Forensic Science, Ministry of Home Affairs, Govt.
of India, New Delhi.
44. Retrieved from http://in.wikipedia.org/Wiki/E Accessed on December

April-June, 2013 75
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31,2009
45. Coyle, Andrew (2002): A Human Rights Approach to Prison
Management - Handbook for Prison Staff; London: International
Centre for Prison Studies; p.13.
46. Sen, Amartya (2009): The Idea of Justice, London: Penguins Books
47. Draft compendium for potential justice sector reforms, 2008, UNDP,
pAO.
48. Performance Audit Report (Civil) Maharashtra State for the year
2007-08 available at www.cag.gov.inlhtml/cag-reports/Maharashtra/
rep 2008/Civil Chap.p.87
49. AIR 1997 SC1739
50. Bureau of Police Research & Development (BPR&D) has been
mandated by the Govt. of India to undertake studies on police and
prison issues: review the arrangements for police and prison, training
formulate and coordinate training policies and programmes; and
promote application of science and technology in police work etc.
It is noteworthy to mention that since 1995, the BPR&D has been
mandated nodal agency on behalf of the Central Government in
the field of Correction Administration (vide GO No.VII 11018 114
192 GPA IV dated 16th November, 1995) to perform the following
functions in the filed of correction administration in the country:
• Analysis and study of prison statistics and problems of general
nature affecting prison administration;
• Assimilation on and dissemination of relevant information to
the States in the filled of Correctional Administration;
• Co-ordination of research studies conducted by RlCAs
and other academic/ Research Institutions in Correctional
Administration and to frame guidelines for conduct of research
studies/surveys in consultation with State Governments;
• To review training programmes keeping in the view the
changing social conditions, introduction of new scientific
techniques and other related aspects;.
• To prepare uniform Training Module including Courses,
Syllabi for providing training at various levels to prison staff in
the field of correctional administration;

76 April-June, 2013
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• Publication of report, newsletter, bulletin and prepare of Audio

visual aids etc. in the field of Correctional Administration;
and
• To set up an Advisory Committee to guide the work relating
to Correctional Administration.
51. For details please refer Annual Reports and other publications of the
National Human Rights Commission, New Delhi (WWW.nhrc.nic.
in)
52. BPR&D is regularly sponsoring courses on Human Rights & Prison
Management through RlCAs & academic institutions for Middle
rung prison personnel. The training programmes aim to raise
awareness of human rights amongst prison officials, and improve
prison management system with special reference/ promoting good
practice and gender sensitivity in prison management.
53. A Group of Officers on Prison Administration headed by Shri R.
K. Kapoor (1986) popularly known as Kapoor Committee, was
constituted by Ministry of Home Affairs, Government of India
to examine and review various aspects of administration and
management of prisons, especially in the context of security and
discipline in prisons and suggest measures for their improvement.
54. 'Prisons' being a State subject as per Entry 4 of List 1I (State List) to
the Seventh Schedule of the Constitution the upkeep of prisons is
within the jurisdiction of the State Governments.
55. Adapted from 126th Parliamentary Standing Committee. Report
on the Demands for Grants (2007-08) of Ministry of Home Affairs,
presented to Rajya Sabha on 26th April, 2007 (Available at: http//
rajyasabha.nic.in)
56. 142 Report on "Implementation of Central Scheme of Modernisation
of Prison Administration", presented to Rajya Sabha on 26th
February, 2009, Rajya Sabha Secretariat, New Delhi. (Available at
http://rajyasabha.nic.in)
57. APCA News, Vellore ,Vo1.4, Issue 1, January- March 2012,p.I-2
58. Resource Book on "Indo-British Training Project on" Human Rights
& Prison Management Published by the British Council, New Delhi,
June, 1999. P.54-56.
59. Report of the Proceedings of the workshop on Prisons and Human
Rights held on April 25-26,

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1998, at Bhopal. This was jointly organized by M.P. Human Rights

Commission, Bhopal and Commonwealth Human Rights Initiative,
New Delhi
60. Report on "Implementation of Central Scheme of Modernisation on
Prison Administration" of the Standing Committee on Home Affairs,
presented to the Rajya Sabha on February 26, 2009. (Available at
http://rajvasabha.nic.in)
61. Tiwari, Arvind: Human Rights, Ethics & Prison Administration in
India: A Critical Overview, Dr. Ram Manohar Lohiya National Law
Universality Journal, Vol2. April 2010 p 43-61.
62. For details refer Reading material for special course on Human Rights
in Prison Administration organized by the LNJN National Institute of
Criminology and Forensic Science, Ministry of Home Affairs, Govt.
ofIndia, New Delhi.



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State Jail Industry Board and Sustainable

Economic Rehabilitation of Prison
Inmates
Pratibha Sharma*

Key words
Jail Reforms, Jail Industry Board, PPP, Section 25 Company

Abstract
Reformation and Rehabilitation of prison inmates is a major activity
pursued by governments to make inmates value contributing citizens
of the society. Rehabilitation programs come in many hues. Some
jails pursue skill development or entrepreneurial training, while others
resort to production of appropriate products and services. Our analysis
of rehabilitation projects pursued across several jails in India indicate
these are limited in scope and mostly non-scalable. We propose a state
level Jail industry Board to manage and grow sustainable rehabilitation
intervention program. We also present the legal and administrative
options that may be pursued for creating the same.

Introduction

‘R ehabilitation’ refers to ‘re-enabling’ or ‘making fit again’ (from

the Latin word ‘rehabilitate’). Reformation and rehabilitation
of jail inmates is a principle laid down in the UN Standard Minimum
Rules, 1955, and is the corner-stone of the correctional policy of the
Government of India. Rehabilitation regimes comprise a number
of different types of intervention. Most fundamental purpose is to
actively engage prisoners and equip prisoners with life and work
skills. There are number of benefits from inmates working inside
Author Intro.:
* Bcom, CMA, Asstt. Consultant (Strategy & Finance) Browns Mohan, Banglore

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prisons: from reduced recidivism, reduced depression and violence

in prisons, ease of assimilation for inmate as a productive citizen
on release, increased availability of trained manpower for industrial
growth, and importantly reduced costs for public exchequer.
With targeted economic rehabilitation programs, offenders would
have an opportunity and formal mechanisms to lend themselves
as valuable citizenry. Well-executed economic rehabilitation can
facilitate transformation of individuals and hence improve reforms
of offenders. Researchers agree that employment at jails results
into many positive developments. First, by keeping the inmates in
productive work, it reduces the tensions within the jails. Second,
it equips inmates to learn new work habits and routines and earn
better wages. Finally, research studies indicate the rate of recidivism
is lower for inmates with some skill exposure benefits (Enterprise
Prison Institute, 2002, Wang, 2010)
Rehabilitation programs in Indian Jails
There are 1,393 jails in India and in it reside nearly 3.6 Lakh
inmates as per National Crime Records Bureau (NCRB); 2010.
Most Jails in India offer skill development, work, entrepreneurship
and empowerment programmes to the inmates (Roy, 1989,
Manaworker, 2006). Many jails across the country have pursued
different rehabilitation programs, few major ones are summarized
here. Tihar Jail has been considered as a pioneer in the economic
rehabilitation program in India. It has nearly 12,000 inmates. Tihar
Jail Factory produces and markets products under the brand TJ’s.
It involves various activities namely: Carpentry, Weaving, Tailoring
& Baking School. Some products manufactured cater to the state
government requirements, while products like bread and pickles
manufactured are sold in the market through the TJ outlets in and
around Delhi. The approximate earnings of the Jail factory is Rs 10
to 15 crore. The Tihar Jail has also entered into PPP (public private
partnership) agreements with DEIEM India and Century Pvt Ltd
which train the inmates on the products manufactured by them in
Tihar jail and then absorb them into their respective organizations
at the end of the term.

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A BPO Centre has been established at Central Prison, Cherlapalli,

Andhra Pradesh under PPP model with the Assistance of M/s Radiant
Info Systems Limited. The unit employs about 200 educated convicts
who handle back office operations like data entry, and process and
transmit information. Central prisons at Cherlapalli and Warangal
have established Incense sticks and Ice Candy Stick manufacturing
units under PPP model. A cashew nut peeling unit is established by
Olam Agro Industries at Central Prison, Visakhapatnam.
Inmates in the 35 central prisons across the state of Maharashtra
manufacture some 70 products. All the jails in total recorded a
turnover of Rs. 35 crore and profit of Rs. 9.44 crore in 1995. But
today revenue has fallen down to Rs. 9.15 crore (Aug, 2011).
In the Bangalore Central Jail, the main production activities are
Carpentry, Weaving, Tailoring, Smithy (Almirahs & steel furniture),
Printing Press & Bakery. Open air inmates at Devanahalli, near
Bangalore have been involved in medicinal plants cultivation. This
project is in partnership with Himalaya Drugs Co. Recently, the
Central Jail at Parappana Agrahara has initiated a program to bake
breads, cakes not only for internal consumption but also to market
them in Bangalore city.
Gujarat’s Lajpore Jail has tied with local commerce bodies and
corporate houses to train inmates in diamond polishing, artificial
zari-making and sari weaving. These activities are carried out
under PPP model. The old Surat Jail and Sabarmati Central Jail in
Ahmedabad have pakora centres. Snacks are sold at cheaper than
market rates. Profits accruing from sale of pakoras are used to pay
prisoner’s labour charges. It also contributes to their jail welfare
fund. The snacks centre of the Surat jail has a turnover of RS.60
lakh a year.
The Dasna Jail in Uttar Pradesh has adopted a unique model for
economic rehabilitation. It runs a co-operative society in the jail
with inmates as members. Currently, the co-operative society has 40
inmates as members. Out of these inmates, one inmate is Secretary
& the Jail Superintendent is the chief patron. The initiative is being
funded on the basis of collective cooperation of all the members of
the society.
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The Prisons Department, Government of Kerala, has pursued some

interesting approaches to engage prisoners for economic activities.
Sensing the opportunities for packaged food, Kerala jails have been
producing Chapattis, traditional snacks like Chips, etc. Its open
prisons increased revenues from Rs 2.18 crore in 2009-2010 to Rs
2.68 crore in 2010-11. It is expected to cross Rs 3.5 crore by March
this year and most likely to become a whopping Rs 5 crore by the
end of 2012.
As seen from the experiences of several jails, the economic
rehabilitation models can serve two large national goals: facilitation
and sustained intervention. Facilitation includes empowerment,
employment, skill development or entrepreneurship development
and training. On the other hand, sustained intervention seeks
to create scalable, sustainable businesses that can only provide
opportunities to inmates through training and on-the job learning,
but also create economic returns to make significant savings in the
overall management of jails and prisoners. Training and in-house
entrepreneurship development programs may be less costly, low
risk, but their long term impact would be difficult to estimate.
Localised, jail specific measures like weaving or tailoring may be
- effective in creating very few entrepreneurs, but their economic
sustainability and scalability across jails remains questionable.
Agricultural and other related activities may be helpful in creating
resources and crops for own consumption, thus cost savings, but
their sustainability as free and solid economic enterprises remains
questionable. Despite the increase in the rehabilitation programs
there are many challenges to sustain them:
• Many of these programs are at best limited to a prison. No
uniform model used by jails across states and within States
leading to considerable time and efforts lost on re-engineering
of the experiments to make them profitable.
• State level apparatus to sustain the business and a comprehensive
model to direct and address the issues of sustainability, scalability
and profitability of the jail produce is missing.

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• Scalability and sustainability of the valuable efforts are lost

the moment the officers leave or get transferred. Superlative
training programs die natural death and economic activities
dither as the experienced officer leaves. Moreover, learning and
improvisation of programs and projects get affected.
• Operational challenges such as pricing the goods, work force to
produce and sell the product, maintaining quality, challenges
in increasing the customer base and lack of branding and
marketing of the products pose major challenges to the overall
success of the Jail factory.
• Prison department’s internal structure and engagements with
other government’s agencies lacks “formalized structure”
required to provide bureaucratic legitimacy and longevity.
• A Jail Superintendent is required to manage the jail and
inmates therein. It is unlikely that he would have the expertise
and knowledge to run a jail factory. This has been based on
experiments rather than the use of standardised model.
• A large number of products manufactured are either left unsold
or sold at a price lesser than the cost, indicating the incorrect
selection of products or markets that could be explored taking
into consideration the model of engagement for each of the
products and benefits derived from the same. Many prison
factory experiments are turning red because of inadequate
assessment in selection of the products to be produced and
distributed by the jail.
Considering the immense pressure on the exchequer to develop
infrastructure, and well- being of the prisoners, there is a need to
create sustainable organizational forms that can run cost-effective
and efficient prison rehabilitation program. In line with Institute of
Correctional Administration, Chandigarh’s report on National Policy
on Prison in 2006, to make a prison administration run on economic
criterion of making itself sustainable, efficient, cost-effective and
dynamic, appropriate state-level apparatus is required. State level
organizational forms can not only bring in required scale advantages
but they can also ensure the education and work programs remain

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more useful to both inmates and society.

State Jail Industry Board
To ensure the sustained intervention, there is an emerging need
for the states to uniformly develop and co-ordinate jail industries
through the formation of a Jail Industry board (JIB). Unlike the Jail
Boards in other countries, which are only state entities with no
local jail authority (See, Washington Jail Board), we are suggesting a
state level authority with oversight capacity. District and all prisons
would be working with the state level Jail Board to identify products
that not only meet internal demand (hence reduce the exchequer
cost), but also generate additional revenues. Based on our analysis
of prisons factories of AP, Karnataka and other states, we suggest
viable products may be identified based on following criteria. (Refer
Table 1)
Table 1: Product suitability for State level jail Board

Dairy 67
Indian snacks 89
Medicinal Plants 90
Steel Furniture (including Almirah) 78
Candles/incense sticks 96
Chapathis 90
Horticulture 86
Score based on variables including shelf-life, distribution requirements, whether
demand is continuous or sporadic, skill requirement, possibilities of branding, cost
of production, incumbent competition, etc.

• Shelf Life of Products: The length of time the food, beverages or

any perishable item is given before it is considered unsuitable for
sale, use or consumption. Eg: Milk, Bakery and Horticulture
• Intermediate Goods: Intermediate goods could be semi-
finished goods which can be used as an input in the production
of other goods. In other words this sale could also be termed as
business to business selling (B2B). Finished goods are fit to be
sold to the direct consumer (B2C).Eg: Medicinal Plants which

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could be cultivated for pharmaceutical companies.

• Continuous Demand for the product: Products for which
a market exists, those products where government is also a
consumer and there is a regular demand. For example: Milk,
Bakery products, horticulture, medicinal plants, chapattis
are generic and routine products for which there is a regular
demand.
• Skill Requirement of Inmates: The level of skill required for
the production would vary from each product. For example:
Almirahs, bakery products, candle making and incense sticks
would require some amount of training.
• Product Acceptance in the market: The manufacture of those
products for which there is a market with less competition
and the market is open to the sale of the prison products. Eg:
Candle making, medicinal plants are niche products having less
competition but a considerable demand.
• Products Amenable for branding: Products that can be
branded or co-branded depending upon the model and level of
engagement. Eg: Candle/Incense sticks, traditional snacks could
be branded / co-branded.
• Socially Appealing Products: Products that have social
acceptance and could be placed in the market considering the
location and the sentiment of the population. Eg: Incense sticks,
traditional snacks could be produced easily to sell in the open
market for its regular demand and its regional feel.
• Cost of Production: Considering the production of those products
for which the cost of production in terms of material, machines
and other costs are low considering the location. Eg: Chips
making in Kerala could be an inexpensive exercise considering
the procurement of raw material and any jail having a large area
/piece of land could invest on medicinal plants.
• Distribution of Products: The channels through which
the product is available for consumption by the consumer.
Depending upon the perishable nature of the product the,

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distribution channel is selected. For Eg: Products like milk

and bakery products can only be distributed and sold to the
immediate/local consumer whereas products like Almirah, and
candles and incense sticks could have a wide distribution.
Operations within the prisons are supported by sales to state
agencies and local governments. Thousands of offenders gain work
experience and training as they produce high quality, competitively
priced products, which translates into enormous benefits for
taxpayers, the inmates and the government. The Jail Industries
Board is volunteer member board whose goal is to help government
establish and maintain inmate work programs. The outcomes of
setting up a board are evident as:
• Jail operational costs are reduced through jail industries.
• All levels of government and investors could financially benefit
from industry operations that provides products at reduced
costs.
• The inmates develop awareness and employable skills.
A combination of vocational training and jail industries employment
is a good policy that can assist in ensuring a successful strategy for
jails and the government. To elaborate on the concept of the Jail
Industry Board, certain objectives and models have to be stated for
consideration. The objective of the State jail industry board would
be:
• Effectively manage the correctional and rehabilitation program.
• Facilitate the smooth functioning of the jail industries
• Create an institution and a formal structure for sustaining and
developing the jail industries
• Create awareness in the market regarding the jail industries and
effective marketing /branding of the products.
The Jail Industries Board may consist of the following members:
• Chairman
• Board of Directors
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• Secretary
• One official elected by the National Commission on Prisons to
advise and guide the jail industries program.
• Two representative from District and other Jails in the State
• Representatives from the industry
• Representatives from industry associations
• Representatives from NGOs for the training and skill
development.
The Chairman and Secretary could be the higher officials from the
Prison and Police department of the State. Operational aspects
can be managed by employing people in administration, finance,
training, technical requirements, etc.
State level Jail Industry Board: What is the best organizational
model?
The structure could be such that there would be participation of the
government, private entities and non-profitable organisations that
would engage in the decision making and implementation of various
processes and systems, to encourage the jail industries. There are
various engagement models that could be pursued to achieve the
objective and based on the criteria and the feature of each model
the product could be selected (Refer Table2 and Table3).
Table 2: Comparison between various economic rehabilitation
models pursued

Profitability High Moderate Moderate Non Profit

Risk High High Moderate Low

Stakeholder interest Private Inmates Govt Inmates
company
Scalability High Limited High Limited
Legal challenges Moderate High Low Low
Incorporation Cost Low Moderate High Low
Benefit to inmates High High Moderate High

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Charter Activities Appropriate

framework
institutional
Skill development/ Carpentry, weaving, PPP, NGO
Re skilling tailoring, candles, bakery
Empowerment Tailoring, bakery, diary, Sec 25 Company,
clothing, woollen NGO, Co-op
blankets.
Low cost of training Carpentry, weaving, Sec 25 Company
tailoring, diary,
horticulture
Sustainability Furniture, printing, PPP, Sec 25 Company
carpentry, tailoring
Entrepreneur Carpentry, bakery, Indian PPP, NGO , Co-op,
Opportunity snacks, clothing, bakery, Sec 25 company
Medicinal plants

Set Aside Diary, horticulture, Sec 25 Company, PPP

procurement Chapatis
Branding Steel furniture, bakery, PPP, Sec 25
candles, diary, snacks Company
The argument relating to the constitution of the Jail board would be
whether to form a PPP or a Sec 25 Company.
Section 25 Company, by definition, are those companies which
are formed for the sole purpose of promoting commerce, art,
science, religion, charity or any other useful objective and have
been granted a license by the central government recognizing them
as such. Such companies should intend to apply its profits, if any or
other incomes only in promoting its objects and must also prohibit
payment of dividend to its members. Thus there are three criteria for
determining whether a particular company is section 25 company
or not: 1) Its objects should be only to promote commerce, art,
science, religion, charity or any other useful objective.2) It should
intend to apply its profits or other incomes only in promoting its
objectives; and 3) Central government should have granted a license

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to such a company recognizing them as such.

Advantages of a Section 25 company:
• The tax benefit to the private investors based on
representation.
• A Sec 25 company can increase the number of directors without
seeking the approval of the Central Government.
• The shares and other interest of any member in the Company
shall be a movable property and can be transferable in the
manner provided by the Articles, which is otherwise not easily
possible in other business forms. Therefore, it is easier to
become or leave the membership of the Company or otherwise
it is easier to transfer the ownership.
Disadvantages of a Section 25 company:
• A Section 25 company has to ensure that its profits are not
distributed as dividend among its members.
• The government has a major decision making role to play which
minimises the involvement of the private companies.
• The companies thus formed provide limited scope for production
of commodities and concentrates only on specific products that
promote their objective.
PPP (Public Private Partnership): This model involves the jail
industries board registering as a company comprising of both
public and private in its structure. This model aims at the increasing
support of private partners to promote and enhance the market for
the products. Such partnerships are characterized by the sharing of
investment, risk, responsibility and reward between the partners.
Thus the companies become accountable for the direct growth and
development of these industries.
Advantages of PPP

• The main advantage of a PPP is the creation of value for money

which is a collection of several factors such as risk sharing,

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performance measures and incentives for growth.

• The PPP would encourage the involvement of both public
and private decision making for the betterment of the jail
industries.
• At the same time the investor’s interest in these industries would
increase considering the return on investment.
• Fast, efficient and cost effective delivery of products.
• Cross transfer of public and private sector skills, knowledge and
expertise.
Disadvantages of PPP

• There is a risk that the private sector party will either go bankrupt,
or make very large profits. Both outcomes can create political
problems for the government, causing it to intervene.
• Work culture difference or the differences between the
functioning of the public or government agency and private
sector firm can lead to problems
• Mismanagement is always a potential threat to programs which
are jointly undertaken by the public and private sector.
Conclusion
Economic rehabilitation of inmates is a costly affair, and continued
draining of resources and efforts through re-engineering non-
scalable experiments at various jails is not justifiable. There is a
need to create state level Jail Industries Board (JIB) to bring both
productive and allocative efficiency into the operation. State
level intervention with right products and services that can offer
profitable and sustainable benefits are required. While several
models exist for creating such an administrative unit, PPP model
outweigh the disadvantages. The PPP model could prove to be a
successful model with good governance, structured framework,
sound economic policy and mutual support. The state level

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Jail Industries Board will encourage the linkage between jail

industries and training to improve skill sets and employment. 
References
Atkinson, Rand Rostad, K.A. Can Inmates Become an Integral Part of the
U.S.Workforce, The Urban Institute Reentry Roundtable Discussion Paper,
May 19-20, 2003
Enterprise Prison Institute. 2002. “Employing Prison Inmates: Does it
Work?” Bethesda, MD: Enterprise Prison Institute.
Federal Prison Industries, Inc. 1996. “Factories with Fences.” Sandstone,
MN: Federal Correctional Institution. http://www.unicor.gov/historv/index.
htm.
Gorski, R.J and Jacobsen, V.J. “The State of Jail Industries”, Large Jail
Network Bulletin, 2, no.1, 1990, pp. 13-16.
Henderson, E.C, Jail Industries, Labor Unions, and Business: Competitive
Realities in Washington State, Master of Public Administration, University
of Washington, 2007
Manaworker, M.B. “Prison Management: Problems and Solutions”, Gyan
Books, 2006, 260 page; Roy, J.G. “Prison & Society: A Study of Indian Jail
System”, Gyan Books, 1989, 223 pages.
Saylor, W. G.and Gaes,G. G, “The Post-Release Employment Project”
Federal Prisons Journal 2, no. 4, 1992, pp. 33-36
Wang, Z, Prison Enterprise Financial Management Innovation in the
Context of China’s Prison System Reform, International Business Research,
Vol. 3, No. 2; April 2010, 100-105



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After-Care and Follow-up Services for the

Released Offenders in Correctional
Settings
Dr. Mridul Srivastava*

Key word
After Care, Released Offenders, Correction, Penalization,
Decriminalization, Integrated Correctional Programmes, Recidivism
Environmental Pulls and Pressures.
The growing acceptance of the view that rehabilitation of the
offenders is so much a responsibility of the penal system as that of
society at large, has given rise to decrimmalization, depenalization,
deinstitutionalization and diversion techniques in modern corrections
work. The more significant has been the hue and cry for community
based corrections, The contemporary corrections ferment makes one
thing clear that traditional methods of correction, particularly of the
institutional variety have been singularly unsuccessful in achieving
their professed aims and purposes, The general underlying premise
for the new direction in corrections is that crime and delinquency are
symptoms of failures and disorganization of the community as well as
that of individual offenders. The task of corrections, therefore, includes
building or rebuilding solid ties between the offender and community,
integrating or reintegrating the offender into community life, restoring
family ties, obtaining employment and education, securing in the larger
sense a place for the offender in the routine functioning of the society,

Introduction

T he correction-oriented philosophy of punishment, as eulogized

and accepted in modern times, takes into account and attempts
Author Intro.:
* Assistant Registrar (Academics) & Faculty in Criminology, Dr. Ram Manohar
Lohiya National Law Unlversity, Lucknow, U.P

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to ward off all those evilsome consequences of imprisonment

that demoralize the incarcerated offenders into the institutional
settings on the one hand, and seriously threaten their prospects
of rehabilitation in the community on the other. It is with this
purpose in mind, the theorists in corrections repeatedly emphasize
that corrections tasks remain incomplete, if the efforts to correct
the offender begin and end with what is done to him within
the institutional confines, be it a prison or juvenile correctional
facility. The idea is simply to tell the correctional workers that
offenders exposed to reformative or rehabilitative experiences in
the institutional premises need help and guidance even after their
release. This is considered essential in view of the high incidence
of recidivism even amongst those who have successfully completed
their term of institutional incarceration. Many such persons when
released, often come across certain insurmountable environmental
pulls and pressures and willy-nilly succumb to a life of crime once
again. When this happens the entire correctional efforts put within
the institution fall into disrepute. The critics of the correctional
process then get an opportunity to rejoice at this failure and find a
convenient excuse to decry all that corrections philosophy entails or
endeavors to accomplish.
The idea of community based corrections stems from the belief that
offenders must learn to cope with and adjust to the real world, not the
artificial milieu of an isolated institution. This belief is based on the
empirical evidence that goes on to demonstrate that though prisons
and juvenile correctional institutions do succeed in punishing, yet
they have never been able to deter. They protect the community
no doubt, but that protection is only temporary. They do relieve
the community of responsibility by removing the offender, but they
make successful reintegration of the ex-offenders into community
less likely. They surely change the committed offenders, but the
change is more likely to be negative than positive.
The new demand for community based corrections has made after-
care and follow-up of ex-offenders as one of the most important
parts of the total strategy of integrated correctional programmes
and services. Penologists and correctional workers now stand fully
convinced of the fact that the efforts of the prisons and juvenile
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correctional institutions are bound to prove fruitless, if the difficult

transition of the released offender into community is not helped
and guided by a humane and efficient system of after-care that
takes over the responsibility, and continue to make efforts till the
purpose of the offender's rehabilitation is fully achieved.
The current diagnosis of the correctional malaises shows, amongst
other things, its deep concern for the prevailing neglect of the concept
of 'aftercare'. It has indeed become common place now to hear that
one of the very important reasons for the poor performance of the
correctional outcome is Iargely due to its callous unconcern for the
fate of its ex-clients. There is so much of disillusionment on this
count that we run the risk of assuming that after-care is a forgotten
concept in contemporary corrections practice. Presently, after-
care is something like correctional charity devoid of any definite
commitment to responsibility. It is more loudly preached than
practiced. What-ever little has been done looks more haphazard
and less organized. The result it that the programmes and polices
of after-care are increasingly subjected to an amazing variety of
complaints and allegations both by its lay and informed critics. The
semantic confusion of the concept of after-care is as great as are its
policy deficiencies and programme limitations.
The purpose of the present article is to elaborate upon the concept
of after-care in corrections, both in its idealistic and realistic
terms and also to examine the more evident short-comings of the
programmes and policies of after-care as prevalent in India. The
intention, to be praise, is to offer a few guidelines for action to be
taken in regard to the designing of programmes of aftercare more
suitable to our indigenous conditions and more in accordance with
the limitation of resources. The recourse to western material is
purely for the purpose of augmenting the analytical quality of the
discussed contained.
The Concept of After-care
After-care refers to mamy developmental efforts to assist the
products of institutionalization, whether they be mental patients,
juvenile offenders or adult felons upon their release to the

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community. In such a scheme, after-care is interpreted broadly

to include programmes and services for all those persons who are
physically, mentally or socially handicapped and who sometimes or
the other have undergone a certain period of care and training in
any people- changing institutions. The object of such programmes
and services is to complete the process of rehabilitation of
individual and to prevent the possibility of relapse into a life of
criminality again. In figurative terms, the programmes which follow
the period of offenders institutional commitment is something like
released prisons convalescence. Model Prison Manual described it
as "the bridge which can carry him from the artificial and restricted
environment of institutional custody from doubts and difficulties
and from hesitations and handicaps to an onward journey of
resettlement and rehabilitation in the free community."
After-care is a continuation of the reformative and rehabilitative
endeavors for the help, service, guidance, counseling, support and
protection of those persons who are released from adult or juvenile
correctional institutions. The main aim of the after-care services,
therefore, is to reconstruct and restore such persons to a social
position of self-respect and also to enable them in settling down as
law-abiding citizens in the community. In essence, after-care is a
forward step in the direction of complete rehabilitation for the once
institutionalized individuals. As a form of post-release assistance, it
is closely interlined with the institutional training and treatment. It
is a process of facilitating the transition from correctional institutions
to the community.
In view of its undeniable importance, after-care has been accepted as
an essential component of the modern correctional process. Ideally
any well-designed after-care programme or service in corrections
should aim at achieving the followings:
1. Prevention of the possibility of relapse into a life of dependence
or custodial care for persons who have undergone a certain
period of care and training within an adult or juvenile
correctional institution.
2. Suitable provision of help, guidance and supervision of such

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persons in fulfilling the societal obligations incumbent upon

them a prescribed or desirable condition for their release.
3. Completion of the process of rehabilitation in the community
by improving their personality strengths and by the removal of
any stigma that may be attached on account of their previous
institutional incarceration.
Rationale of After-Care and Follow-up Services for the
Released Offenders
Juvenile and adult correctional experts agree that the successful
rehabilitation of the institutionalized offenders depends upon the
availability of the quality of post-institutional services. These services
are necessary for resolving those problems and difficulties which
ex-offenders face on their return to the community. The kinds of
difficulties which meet a liberated convict on his return to society
are neither few nor trifling. Consequent upon their release from
penal or correctional institutions ex-offenders find themselves into
a reentry crisis. They find their old world changed much to their
discomfiture. They soon discover that many new problems have
arisen making their reintegration difficult into the family fold, into
former friend circle, into neighborhood conditions and into the
general conditions prevalent in the community. Many such critical
problems of adjustment look to them simply insurmountable. They
desperately need help, encouragement and direction in resolving
these strange problems confronting their peaceful existence In the
community but when nothing seems to be in offing, their dream of
home coming shatters into pieces. The result is more bitterness and
more hatred towards society in general. This sets the stage for the
enactment of criminal behaviour-this time with greater frustration
and with still greater ferocity. They find no way but to a life of crime
again. The circle thus gets completed: "Crime, incarceration and
release, and fresh crime and incarceration again." The following
description of a prisoner's re-entry crisis by Karl Manninger perhaps
makes out a best case for the need and significance of after-care
services in corrections:
"He enters a world utterly unlike the one he has been living in

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and also unlike the one he has been living in and also unlike the
one he has left some years before. In the new world, aside from
few uneasy relatives and uncertain friends, he is surrounded by
hostility, suspicion, distrust and dislike. He is a marked man-an
ex- convict. Complex social and economic situations that proved
too much for him before he went to prison have grown no
simpler".
The adverse social and economic circumstances that confront the
ex-convicts clearly call for an organized system of after-care and
follow-up not as a matter of charity but as a matter of unavoidable
correctional responsibility. The fulfilment of this responsibility
is perfectly in keeping with the well-defined tasks of corrections
that include building or rebuilding solid ties between the offender
and the community, integrating or re-integrating the offender into
community life, restoring family ties, obtaining employment and
education and securing, in the larger sense, a place for the offender
in the routine functioning of the society". An effective correctional
system, remarked Martin-a renowned British penologist, "must aim
for the reintegration of prisoners into society. In the last resort this
is because there is a moral argument for aftercare. It is simply that
no man is so guilty, nor is society so blameless, that it is justified
in condemning anyone to a lifetime punishment, legal or social.
Society must be protected, but this not done by refusing help to
those who need it for more than most of their fellow citizen."
Prisons and jails may need to be reconditioned so as to provide
arrangements to suit different classes of prisoners. Separate
correctional institutions may be provided for female convicts. It
should also be possible to develop open and close farm workshop
prisons, agricultural colonies, and work camps at important work
projects. The provision for Borstals, both open and closed, will also
need to be expanded. It will be necessary to bring about greater
uniformity in legislation applicable to first offenders and others
charged more than once for minor offences. The appointment of
probation officers and the release of prisoners on parole should
remove a great deal of congestion from correctional institutions,
reduce the cost of prison administration, and enable many prisoners

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to live as normal citizens after they have served their sentences. The
work of private agencies like Prisoners' Aid Societies and District
Probation and after-care associations has suffered on account
of limited resources. It is desirable to entrust after-care work to
probation officers, and a beginning may be made by organising
after- care departments in central prisons and first grade district
jails to deal with problems relating to work and employment,
housing, health and family relationship. New developments in
the administration and programmes of correctional institutions
require the guidance and advice of experienced personnel working
together in a central organisation. Such an organisation can assist
programmes in the States, undertake experimental work and pilot
projects, and function as a centre of information and publicity on all
matters relating to correctional administration.
Development of Reformation and Rehabilitation related
Prison Policies in India
 In 1835 Lord Macaulay appointed a Prison Discipline
Committee and that started working on 2nd January, 183fJ.
In 1838, committee submitted their report. The committee
recommended more rigorous treatment of prisoners and
rejected all notions of reforming criminals lodged in the
prison.
 S ir John Lawrence, again examined the conditions of India
Prisons in 1864 and this second commission of enquiry
also did not dwell upon the concept of reformation and
welfare of prisoners. However the commission made some
specific recommendations in respect of accommodation,
diet, clothing, bedding, medical care of prisoners only
to the extent that there were incidental to discipline and
management of prisons and prisoners.
  conference of experts was held in 1877 to inquire into
A
the prison administration in detail. The conference resolved
that the Prison Law should be enacted which could secure
uniformity of system. A draft prison bill was actually prepared

98 April-June, 2013
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but finally postponed due to unfavourable circumstances.

  he fourth Jail Commission was appointed by Lord Dufferin
T
in 1888 to inquire into the prison administration and the
outcome was the Prison Act, 1894.
 In 1919-20 All India Jail Committee was the major
landmark in the history of Prison reforms in India and is
appropriately called the corner stone of modern prison
reforms in the country. For the first time, in the history of
prison administration, reformation and rehabilitation of
offenders were identified as one of the objectives of prison
administration.
  he Constitutional changes brought about by the
T
Government of India Act of 1935, which resulted into the
transfer of the subject of prisons to the control of provincial
governments, further reduced the possibilities of uniform
implementation of the recommendations of the Indian Jails
Committee 1919-20 in the country.
  owever, the period 1937-47 was important in the history of
H
Indian prisons. Apart from appointment of some committees
and enactment of some Acts, the first Jail Training School in
India was established at Lucknow in 1940.
  r. W.C. Reckless, a United Nations expert on Correctional
D
Work visited India during 1951-52 to study prison
administration in the country. In his report he emphasized
on the Corrections.
 In 1957, All India Jail Manual Committee was appointed.
 ln 1961 Central Bureau of Correctional Services was set up
and in 1971 was renamed as National Institute of Social
Defence.
 ln1972, the Ministry of Home Affairs appointed a Working
Group on Prisons.
 In 1978, the seventh Finance Commission dealt with the

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financial aspects of prison administration. A norm of Rs.

3 per head for diet and Rs.1 per prisoners for other items
such as medicine, clothing etc per day was set up.
  he Government of India convened a Conference of
T
Chief Secretaries of all the States and Union territories on
April 9, 1979. The recommendations like development of
education, training and work in prisons, setting state board
of visitors etc, were made.
  ll India Committee on Jail Reforms under the chairmanship
A
of Mr. Justice A.N. Mulla was constituted in 1980 and it
submitted its report in 1983. Total 658 recommendations
were made regarding each and every aspect of Prison,
including the reformation and rehabilitation of Prisoners
and also to form National Policy on Prisons.
The role of Bureau of Police Research and Development, Ministry
of Home Affairs is remarkable and the Bureau is organizing so many
training programmes and research project countrywide. Out of 10
research studies conducted by the Bureau, only one is focused on
the "Impact of Vocational Training on Reformation and Rehabilitation
of Prisoners in Madhya Pradesh and Chattishgarh." The Bureau also
prepared Model Jail Manual and Draft National Policy on Prison
Reforms and Correctional Administration in 2007.
The Crisis of Offenders' Aid Organizations
Tile genesis of the failure of our present and old offenders' Aid
Organizations lies in the following problems and difficulties:
 F rustration, discouragement, lack of public appreciation
constant financial troubles.
  arked inadequacy of the resources placed at the disposal
M
of the Prisoners' Aid organizations.
 L ack of cooperation from the concerned governmental
departments.
 Woeful inadequacy of grants-in-aid.

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 Shortage of dedicated workers.

 L oss of public credibility of such organizations in the
incidence of crime and delinquency.
  eoples, unpreparedness to accept ex-offenders as citizens
P
worthy of trust, confidence and help.
  ajority of the functionaries of such organizations do not
M
understand the gravity of their commitments. As a results,
they do not take their job assignments seriously.
After-care problems of the Institutions and their Ex-
inmates
Some of the major problems that thwart the after-care of follow-up
work of the custodial-cum-corrective institutions in the country are
as follow-
 S ystematic follow-up of all released inmates, as a matter of
routine does not exist in the majority of such institutions.
  ontact is not maintained with ex-inmates, and the
C
institutions, on their own, normally do not take any initiative
in establishing any link with the ex-inmates even by the
medium of the post card.
 Institutions have hardly paid any attention to the post-
institutional problems of their ex-inmates which confront
them in their adjustment to a new pattern of life in the
outside world.
  here is a virtual absence of any guidance and counselling
T
services in such institutions in order to prepare the inmates
for their re-entry to the life in the open community.
  nce the inmates in such institutions crosses the institutional
O
boundaries he or she automatically becomes a subject of
non-concern for the institutional machinery.
  he situation of under-staffing and over-crowding in
T
many such institutions renders them completely incapable

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of providing any after-care or Follow-up Service. The

responsibility is well beyond their resources.
  o record of ex-inmates is maintained in all these institutions
N
and simply do not know what happens to the inmates after
their release from the institutions, in such a situation, do not
know the problems that ex-inmates have to encounter on
their discharge in the absence of any after-care or follow-up
service.
  he meagre help that the inmates receive by the institutions
T
at the time of their discharge is of no tangible value for
them.
Prospects for the Future
The problems that confront the after-care and follow-up services
meant to be provided to the released offenders from penal or
correctional institutions, speak in volumes of a tragic story that
repeatedly tells the shocking state of affairs, in which once-
institutionalized offenders are allowed to drift in. Why does this
happen is an easy question to answer.
Our attention, so far, has been only towards the institutional
services and as a consequence to that post- institutional services
have been sadly neglected. The devastating dearth of after-care
services has been further caused by our complete ignorance of the
nature of problems that released offenders face soon after their
discharge from the institutions. What happens to all of them, we
really do not know. There is no significant research on the subject.
Prof. M.S. Gore's Report on After-care Programmes is the only
worthwhile authentic document that people rush to consult. But
most of Prof. Gore's recommendations have gone unattended and
uncared for. The Problems in the field of after-care are enormous,
but are not insurmountable by any standard. It is possible that
over a period of time something can be done to solve them.
For the consideration of those who are concerned and/or in the
position to remedy the situation, following suggestions may be
worthy trying:

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  he number of after-care institutions and organizations

T
should be in commensurate with the number of custodial
care and corrective institutions (one for each).
  fter-care be made an integral part of institutional
A
rehabilitation. In fact, the planning for after-care must begin
the very day the inmate enters the institution.
  fter-care associations which exist in a "moribund state"
A
should be revitalized and liberal financial aid be given to
them by the government, in order to enable them to work
effectively in rehabilitating ex-offenders in the community.
  oluntary social workers in the field of social defense be
V
offered deserved encouragement and recognition not only
from the people they serve, but also from of the officials of
the concerned governmental departments.
 It should be the policy of the government to hire, carefully
and selectively, some of the ex-inmates of penal and
correctional institutions, for jobs they are qualified on
account of education, training and temperament. The case
of such persons should be decided on their individual merits
and on the 'basis of competitive examining procedures.
 E fforts can be made to establish a National Association for
the Care and Resettlement of Offenders as has been done
in England. This Association was born in 1966 out of the
ashes of the National Association of Discharged Prisoners'
Aid Societies.
  evelopment of after-care into a service with its own
D
identity, drive, experimentation and expansion.
  malgamation of all after-care services, institutions and
A
organizations into one centralized department financed
from public funds. This department should have close liaison
with the prisons and juvenile correctional institutions.

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Some other measures for the After -Care and Rehabilitation

Programmes
1. Productive use of the time and energies of prisoners
It is essential to keep prisoners occupied for, as the saying goes "An
idle mind is the devils workshop". Work, both physical and mental,
will keep the prisoners alert, active and act as a safeguard against
their slipping into depression.
Literacy classes would involve both the literates and the illiterates (as
teachers and taught respectively). They would sharpen the mental
faculties of prisoners and boost their confidence levels.
Vocational training serves the twin purposes of productive use of
the energies of prisoners and of facilitating their rehabilitation in the
long run. Besides the traditional trades such as tailoring, knitting,
carpentry, jute articles etc. new trades would be identified, keeping
in view the abilities of prisoners. In view of the increasing use of
computers in today's world, the educated among the prisoners can
be imparted computer skills.
2. Improvement in the physical, mental & spiritual health of
prisoners
A holistic approach covering the physical, mental and spiritual
facets is necessary in order to improve the health and general well
being of prisoners. Physical training drill on a regular basis, as well
as outdoor games would help keep prisoners physically active. The
drill and games would be devised for different groups of prisoners,
keeping their potential and limitations in mind Literacy classes
would sharpen the mental facilities of prisoners. All efforts shall be
made to encourage educational pursuits of prisoners.
Prisoners in general and those serving long sentences in particular
run the risk of developing a negative brooding attitude. This is in
the interest of neither the prisoners themselves nor of the society
at large. While it is necessary for them to realise the mistakes of
the past and resolve not to repeat them in future, they must learn
to develop a positive, forward looking approach. With this end in

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view, sessions in ethics and moral values shall be incorporated in

the schedule.
3. A comprehensive rehabilitation programme for prisoners to
ensure their successful integration into the mainstream of
society
One of the biggest problems faced by prisoners on their release from
jail is that of rehabilitation. The vocational training programmes are
an integral part of the rehabilitation scheme. New vocations (such as
computer operator) shall be identified in keeping with the changing
times, and the related skills will be imparted to prisoners with an
aptitude for that. Rehabilitation package has to be tailor made
for each individual prisoner taking into account his aptitude, past
experience, period to be spent in jail, etc. Hence, it is proposed to
constitute a Rehabilitation Committee which will provide the blue
print for a comprehensive rehabilitation programme.
4. Involvement of N.G.O.'s wherever feasible to supplement
governmental efforts
In view of the shortage of financial and manpower resources, it
is necessary to involve identified N.G.Os in different spheres such
as health, vocational training, literacy, rehabilitation programme,
etc. Involvement of N.G.Os would also be one way of keeping the
prisoners in some kind of contact with the rest of society.
Evaluation of the Rehabilitation Programmes
The offence specific programs require evaluation in the following
format:
1. Process evaluation
This form of evaluation determines whether the strategy or offence-
specific program is running in accordance with the aims, method,
procedures and design.
2. Outcome or impact evaluation
This form of evaluation demonstrates the effectiveness of offence-
specific programs in reducing offending behaviour. The quality

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and quantity performance measures include data about: (1) how

much was done (2) how well it was done (3) how much efforts was
required and (4) what were the results. This form of evaluation can
be assisted by external research and evaluation organizations.
3. Program standards and accreditation
One central agency working in the area of prison should provide
standards and specification regarding assessment, intervention and
management of offenders to ensure a consistent service system
approach.
Some Specific Recommendations
• Education system in the jails should be streamlined and
strengthened, especially elementary education system as it
is the best method of making a person empowered and the
rehabilitation of the prisoner.
• Computer training is also an important area which is very helpful
for the prisoners in this computer age, for earning bread and
butter after their release from jail.
• More emphasis is required for imparting higher education and
we must create an environment for motivating the prisoners for
higher educations.
• Relevant traders must be encouraged in vocational training
keeping in mind various activities and areas of operation.
Involvement of NGO's and corporate sectors in providing
vocational training to the prisoners can give a fruitful outcome
of these vocational trainings.
• There should be a uniform wages system in the prisons all
over India and prisoners should be treated alike in all the jails
irrespective of the states. The follow-up of the reformation and
rehabilitation of the prisoners should be under the control of
a separate unit of the prison department which, can run some
after-care programmes with the help of the social welfare
department of the state.

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• The feeling of group increases the sense of belongingness and

also to make them problem solving by themselves introduction
of the Self Help Group Concept in the prison is needed.
Bureaucratic structure should be changed into cooperative
structure with a feeling of belongingness.
• Conditional Privatization of the prison should be encouraged
involving other organizations i.e. giving the reformation aspect
to one organization, after-care services to other, etc.
• More interaction with the Non-governmental organizations
NGOs and to involve more NGOs by making liberal policies.
There should not be overlap in the programme and there is a
great need to ensure that all aspects of overall development of
convicts are covered.
• Regular research studies for evaluation, monitoring and
improvement of the system and also implementation of any
policy needs pretesting, and should be followed by small
research.
• For a released prisoner housing and employment problem is
very severe for him. The District Urban Development Authority
(DUDA) builds the low cost houses to the poor living in the
slums. If these houses can be given to the convicts after release
where they can also take up some self-employment while living
in the colony. Otherwise, during the period of their sentence
convicts can bring their families to the cities where wants to
settle after release. This will be really a landmark step in re-
integration into the society. The minimum contribution which
they have to give cant be met out from their wages.
• Meditation, prayers, religious feeling needs to be strengthened
with the help of print and audio visual media
• More operational flexibility is required
• More comprehensive planning with more attention to the
social aspects of development and greater control of resources
with a view to attaining the objectives of equity, social justice

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and self reliance.

• More support and follow up of programmes after release
• Correctional research should be systematic aimed at
strengthening the empirical knowledge in respect of control
of deviant behaviour and re-integration through corrective,
protective and preventive devices.
• Training in Micro enterprises because in the trades like
powerloom, paper industry etc. will not benefit them after
release and even they can not afford to establish such set up.
So the convicts must be trained in the trades like tailoring, auto
repair, typing, etc so that they can take a self employment after
release. New Micro level activities according to the need and
interest of individual convicts
• Training, sensitization of prison staff to the special needs
of different groups of prisoners is important. Introduction of
training and sensitization of prison officials at regular interval
so as to achieve the correctional goal of the prisons.
• More openness is needed. The secrecy surrounding these places
like the prison makes them closed places and the staff becomes
often complacent and negligent. In most cases the families too
want to hide the fact that they have a relative in prison, because
of the social stigma attached with imprisonment.
• There must be some awareness programmes of the govt.
schemes related to employment, women empowerment,
education, housing, etc. for the convicts also. This will solve the
problem in two ways, one the family facing the problem outside
can seek some help from these programmes and other is that
after release the convict also can get the advantage of the govt.
schemes.
• There must be a proper system of allotment of prison labour.
The convicts must be allotted the work in which they are trained.
There are examples wherein the convicts trained in tailoring
trade are put into the powerloom.

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• There must be some reward for the convicts who show good
behaviour and set example for the fellow convicts. Motivation
and encouragement of these type of convicts is very necessary. It
may be money or a thing or a certificate they will feel proud of.

Sl. Name of Number and name of Administrative

No. State After-care institions/ Authoriy
Organizations

1. Andhra 1. After-care Home for Men Inspector General of

at Malkapet Hyderabad Prisons.
2. Delhi 1. State After-care for boys Directorate of
at Anand Parbat, New Social Welfare Delhi
Delhi Administrator
3. Haryana 1. State After-care Home at Social Welfare
Madhuban, Karnal Department
4. Gujarat 1. District Shelter for Men Social Welfare
at Ahmedabad Department
2. State Home for Men at
Rajkot
5. Kerala 1. Three After-care Homes Jail Department
for Men Trivendrum,
Trichur, & Tellichery.
4. One After-care Home for
Boys at Kottayam
6. Mysore 1. Two District Shelters Department of
for Men at Mysore & Probation and After
Bengaun. care Services.
2. One State Home for Men
at Hubi.
7. Maharastra 1. Maharastra State
Probation And After-
Care Association and
its Districts Branches.
Navjeevan Mandal,
Poona.

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8. Orissa 1. Seven District After-care Jail Department

Shelters at Puri, Belasore,
Sambalpur, Sundargarh,
Bolangir, Berhampur and
Cuttak
2. One Central After-care
Home at Baripath, Distt.
Mayurbhanj
9. Punjab 1. State After-care Home at Social Welfare
Hoshiarpur Department
10. Tamil Nadu Madras Prisoners Aid
Society and its District
Committees
11. Uttar 1. Asha Kiran/Prison
Pradesh Ministry
2. Nari Sewa Samiti
3.National Council for
Woman
4. Taru Chhaya
12. West 1. Bengal Prisoners’ Aid
Bengal Society
References

1. Louis P. Carney, Community and the Corrections, Preface,

(Prentice-Hall, New Jaracy 1977)p. VII.
2. U.S. President’ Crime Commission, Task Force Report
Corrections (Washington D.C. 1967), p.7.
3. Milton Luger and Joseph S. Lobanthal, “Cushioning future
shock in Corrections”, Federal Probation Vol. 38, No. 2, June
1974, p. 19.
4. Report of the United States: National Advisory Commission
on Law- Enforcement and Criminal Justice Administration on,
Corrections, (1973) p.1.
5. Report of the Advisory Committee on After-care Programmes,
Central Social Welfare Board, Govt. of India, New Delhi.
6. Modal Prison Manual, Prepared by Bureau of Police Research

110 April-June, 2013

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and Development, Govt. of india.

7. Report of the United Provinces Jail Reforms Committee. 1946,
Q. p. 54
8. Report of the all-India Jail Manual Committee, 1957, p. 69
9. Report of the All India Jail Committee, ‘1980-83
10. Working paper or ‘.’Prison, Probation anti After-care’’. Central
Bureau of Correctional Services (now national Institute of
Social Defense) p.18.
11. J.P. Martin, “After-care in transition”, in Criminology in
Transtion- Essays in Honour of Hermann Mannheim, (Ed.)
Tavistock Publications, London, 1964, p.107.
12. J. Alex Edmison, “First Step in Canadian After-care”, The Prison
Journal, Vol. LVI. No. 1 Special issue on After-care, 1976.
p. 44



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Internalizing International Human

Rights on Prisoners In India – An
Analytical Study
Dr. R.Srinivasan*

Keywords
Internalization, International Human Rights, Domesitc Human Rights,
Assimilation).

Abstract
Life, Liberty, Equality and Dignity are the basic tenets of human rights.
It evolved at the global level and is internalized by the Legislature and
harmonized by the judiciary at the domestic level. India suffered under
the imperialistic yoke for centuries. All the existing Criminal laws are
based on British legal system. Hence it declared human rights as its
cardinal principle to protected at all costs. Being the largest democracy
with a heterogeneous population makes this aspect even more important
and difficult. Therefore corresponding to the developments of human
rights at the global level, India periodically attempts to internalize such
laws into the domestic system either by amending the Constitution
or through legislative enactments. In spite of that, there is persisting
gap between the evolving global laws and the existing laws relating to
prisoners rights. Global human rights are far ahead of national human
rights. In this context, this research attempts to analyze the role of
the Supreme Court in assimilating, internalizing and harmonizing the
global laws in order to minimize the gap. In this research work certain
questions crop up, which are sought to be answered.

“T here is no iron curtain between a prisoner and the fundamental

rights” said Hon’ble Justice V.R. Krishna Iyer in Sunil Batra

Author Intro.:
* Asstt Professor P.G. Department of Constitutional Law & Human Rights, Tamil Nadu,
Dr.Ambedkar Law University, Chennai-600 028, E mail: [email protected]

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case2. The profundity of this simple statement is enormous.

Prisoners’ rights are very sensitive one, mostly neglected or brushed
aside. By birth no man is a criminal, circumstances mould some as
criminals. The saying is embodied in all religious principles. Gandhi,
the Mahatma following that great religious precedent said, “Hate
the sin, but not the sinner”. It is accepted by the Indian legal system
with a true sense of ‘heart and soul’ and is the cardinal principle of
criminal justice system in India.
Prisoners as ‘persons’ are entitled to all those rights available to
‘persons’. The treatment meted out to prisoners differs from country
to country. But in no country they are accorded all human rights.
Commenting on the general unhealthy trend, Hon’ble Justice V.R.
Krishna Iyer observed “Barbarity in sentence and torture in prison
are a trend, which aggravates the malady and is so self-defeating
that punitive cruelty is a curative futility.”3
Freedom fighters, put behind bars are also treated as prisoners. After
the country attains Independence, they become heroes and leaders
of the new nations. The autocratic regime on India for more than
two centuries saw many a freedom fighter behind the bars, leaving
the prisons a crowded place in British India. India has inherited most
of the laws relating to prisoners from the British, whose aim was to
facilitate effective control over colonial India. After independence,
these laws especially its structure continued, but modifications
were made to other aspects. It is relevant to understand the rights
available to all sorts of prisoners, convicted for political causes or
for various other offences committed by them, against the State as
well as individuals.
The laws relating to prisoners in India have been influenced by
international instruments on one side and on the other the practice
of treating prisoners, that is the residue of British imperialism which
also introduced the police and prison system. These systems are
responsible for the continuance of inhuman treatment of the
prisoners. In this paper, an attempt is made to probe the following
research problems: what is the role of the Supreme Court of India
(2) Sunil Batra (ii) v. Delhi Administration, AIR 1980 SC 1579
3
Ibid

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in enforcing prisoner’s right and critically analyze the harmonization

process in various phases and its various dimensions
Research Methodology
It is an ex-post facto research. The cases decided by the Supreme
Court from 1950 to 2010 related to human rights have been
taken for analysis. The process of interpretation by the judiciary is
analyzed. However, in this research work, the role of the Supreme
Court in enforcing the international human rights law into domestic
law has been explored, analyzed and formulated only through the
cases already decided by the Supreme Court. This research work
consists of various stages.
Firstly, Supreme Court judgements in which one or more international
human rights instruments mentioned are explored. secondly, Such
explored cases are arranged chronologically and classified into four
groups, which constitute four phases namely from 1950 to 1966
i.e. from the commencement of the Indian Constitution to the year
of the enactment of International Covenant on Civil and Political
Rights, 1966 (ICCPR) and International Covenant on Economic,
Social and Cultural Rights, 1966 (ICESCR); the Second phase from
1966 to 1979 i.e. after the enactment of ICCPR and ICESCR to
the year of ratification of these two instruments by India; the third
phase commenced from 1979 i.e. after the ratification of the two
covenants and before the enactment of Protection of Human
Rights Act, 1993, the fourth phase commences from the enactment
of Protection of Human Rights, 1993 to 2011 is a period of
confinement of the research. Thirdly, all the above cases are further
classified into ‘Reference’ and ‘Expansion’. If the Supreme Court
mentioned international human rights instruments in its judgements
and used such instruments for the purpose of expanding domestic
human rights in the light of international human rights, such
cases are referred as ‘expansion’ and other cases are mentioned
as ‘reference’. This research applies explorative, formulative,
analytical and critical methods. The human rights cases decided
by the Supreme Court have been explored. After exploration, the
role played by the Supreme Court in harmonizing the international
law with the domestic one is formulated. The role of the Supreme

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Court is analyzed in the context of international human rights and

a critical evaluation is made about the role of the Supreme Court in
this regard. Trend analysis is used to critically analyze the role of the
Supreme Court during various phase of harmonization.
With the help of “AIR Info-tech” and <Manupatra.com> software
all these cases, which have the concept of “human rights” in the
judgement decided by the Supreme Court from 1950 to 2010 are
enumerated first. There are 27 cases found in the “AIR Info-tech”
with the content of “human rights”. This study is confined only to
the human rights cases decided by the Supreme Court of India,
which predominanty relate to international human rights, as found
in the international treaties and conventions. For the purpose of this
analysis, the Supreme Court cases have been selected irrespective
of the judgement remaining as obiter dicta or ratio decidendi.
From 1950-66
In that phase, the Court did not refer or invoke directly any
international human rights instruments connected with prisoners.
From 1966-1979
During this period, the positivist traditional approach of the Supreme
Court turned to an activist one. The changing political winds had an
effect on the Supreme Court. The activism of the Supreme Court
was slow and imperceptible, and came to be noticed only towards
the end of this phase when India was reeling under emergency.
The Court slowly started perceiving the larger dimension of its
Constitutional role during this period4. In this phase, Court did not
cross swords with the executive, but legitimized State intervention
for regulating the economy and enacting social justice, barring a
few cases on the prisoner’s rights. Therefore, an attempt is made
to explain and explore the dynamism of the plenary power of the
Supreme Court in safeguarding the prisoner’s rights in these cases.
The significant development in this phase is ratification of the
International Covenant on Civil and Political Rights, 1966 in 1979.

S.P Sathe, Judicial Activism in India, (Oxford: Oxford University Press, (2002), p.53.
4

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Subsequently, an Optional protocol was passed to constitute

Human Rights Committee to receive and consider the individual
claims of the victims in 1976. By the influence of the ICCPR, 1966,
UN adopted a Declaration on Protection of All Persons from being
subjected to Torture and other Cruel Inhuman or degrading treatment
or punishment. But India had reservation in this convention.
The Supreme Court observed in Nandini Satpathi case5 the Supreme
Court of India interpreted Article 22(1) of the Constitution in
consonance with Article 3(b) of the ICCPR, 1966 and extended the
operation of this right of the accused person under circumstances
of near custodial interrogation. In this case it was found that the
judges of the Supreme Court attempted to infuse the human rights
principles in the domestic jurisdiction to render complete justice
thus bringing in harmonization. This phase witnessed an increasing
consciousness about the desirability of prison reforms.
In A.D. M. Jabalpur v. V.S.Shukla,6 ,Khanna.J. dissenting note stated
that “in case of conflict between international law and municipal law,
the latter should prevail. But if two constructions of the municipal law
were possible, the Court should construct its judgment in such a way
as to bring harmony between the municipal law and international
law or treaty.”7 The Supreme Court initially refers the Constitutional
provisions in 1950’s and 1960’s. In the dawn of 1970’s the judicial
activism enable the Court to interrelate the Article 21 with other
provisions of Fundamental Rights of the Constitution. During late
1970’s and 1980’s the Supreme Court assimilated the International
human rights instruments in the domestic law.
The Supreme Court expanded its scope for preserving and
protecting the right to legal aid of the indigent persons in Hussainara
Khatoon Case.8 It case was the starting edge of the application of
International human rights instruments in the domestic jurisdiction.
This case reveals that judicial activism in India stepped into an area

5
Nandini Satpathi v. P. L. Dhani, AIR 1978 SC 1075.
6
AIR 1976 SC 1207.
7
Ibid.
8
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1819.

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of legislative vacuum in the field of human rights. The language of

Article 21 was merged with Article 14(3)(d) of the ICCPR. In this case
P.N.Bhagwathi, J.observed that “we are crying on our roof top that
we are implementing human rights in the administration of justice,
but it is a shame on our part that our bail system is connected with
monetary loss.” The Court criticized the administration of criminal
justice and bail provisions which are interwoven with monetary
aspects. The legal system’s belief that monetary loss would alone
compel a person to appear before judicial procedure was also
criticised.
The right of prisoners to ask for observance of human rights has
been recognized by the Supreme Court in Charles Shobraj v.
Superintendent, Central Jail, Tihar.9 The fruits of Article 21 were
made available to the prisoners while dealing with the question
of their right of reading and writing books in jail. This view was
reflected in subsequent Supreme Court judgements. In Ismail
IqbalSodawala v. Union of India10. The Court observed that it is the
duty of the Court to hand over a copy of judgment free of cost
to the prisoner immediately after pronouncement of judgments.
Otherwise it would amount to unfair trial. The same opinion was
followed subsequently in M.H.Hoskot v. State of Maharashtra.11 In
these cases, the impact of the International instruments is largely felt
and it influenced the minds of the Indian judiciary. The fag end of
this phase was the darkest period in the political history of modern
India. The emergency period probably strengthened judicial
activism. Hence harmonization of international law into domestic
sphere was thus started with A.D.M. Jabalpur case.
From 1979-93
The above trend was continued during this phase wherein the
Supreme Court directly harmonized several international human
rights instruments in the domestic law. It was consistently guided by
the UDHR and other international instruments in interpreting the

9
AIR 1978 SC 1514.
10
AIR 1974 SC (Crl) 764, 770.
11
AIR 1978 SC 1548.

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provisions of the constitution and the laws. During this phase the
Indian Judiciary is slow and steady and became active champion of
Civil and Political Rights. It is evident from plethora of judgments
decided by the Court with the aid of the international instruments.
During this phase, ‘Custodial torture’ is a nightmare for any prisoner.
It means any act of inflicting excruciating pain especially as a
punishment or coercion by an enforcing authority or any person or
group of persons upon a criminal or suspect or arrestee for extracting
information or to make a confession. When it is in an advanced
degree, it is sadistic, inhuman, unreasonable, irrational, uncivil and
beastlike or beastly, hence brutal. It is not merely physical, there
may be mental torture calculated to create fright and submission to
the demands or commands. When such threats are from a person
in authority like police officer, the mental torture caused by it is
even more grave.
In Sunil Batra Case (II)12, a landmark case under Article 21, the
International Conventions were referred and also invoked. This
case arose from a habeas corpus writ petition, based on a letter sent
by a prisoner to a judge of the Supreme Court complaining of brutal
assault by the Head Warden on another fellow prisoner. Due to
intense physical torture a prisoner developed a tear of the anus due
to forced insertion of stick by some prison official. The prisoner’s
medical examination revealed the fact of his being tortured by
warden. The Court was shocked to hear that not only the lower but
the higher officials were meeting out such inhuman treatment.”In
this case the Court in its decision referred to the Convention on the
Protection of All Persons from being subject to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, 1975. Guided by
the International standards laid down by the Declaration, the Court
issued detailed directions relating to the treatment of prisoners,
prevention of torture in prisons and redressal of their grievance. The
Court also directed the State to follow the United Nations Standard
Minimum Rules for the Treatment of Prisoners without fail. All the
directions and guidelines issued by the court reflect the spirit of the
said Convention, thereby giving the Declarations a practical and
Sunil Batra (II) v. Delhi Administration, AIR 1980 SC 1579; (1980) 3 SCC 488
12

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positive meaning.13 This set the trend and with this decision the
Court began to consider a prisoner as a human being and conferred
dignity to the prisoner.
In Francis Coralie Mulin,14 a petition was filed by a British national
under Article 32 of Indian Constitution raising a question in regard
to the right of a detenue to have a meeting and interview with her
lawyer and members of her family. She was denied the facility of
interview with her lawyer. It was imposed by the authorities under
the prison rules. The principal ground on which the Constitutional
validity of these provisions was challenged was that these provisions
were violativeof Article 21 of the Constitution.
In this context the Court condemned cruelty by torture in the
following words “Any form of torture or cruel, inhuman or degrading
treatment would be offensive to human dignity and constitute an
inroad into this right to live and it would, on this view, be prohibited
by Article 21 unless it is in accordance with the procedure prescribed
by law, but no law which authorizes and no procedure prescribed
by law, which leads to such torture or cruel, inhuman or degrading
element can never stand the test of reasonableness and non-
arbitrariness it would plainly be unconstitutional and void as being
violative of Article 14 and 21. It would be seen that there is implicit in
Article 21 the right to protection against torture or cruel, inhuman or
degrading treatment, which is enunciated in Article 5 of the UDHR
and guaranteed by Article 7 of the ICCPR. The right to live, which
is comprehended within the broad connotation of the right to life,
can concededly be abridged according to procedure established
by law and therefore when a person is lawfully imprisoned, this
rights to live is bound to suffer attenuation to the extent to which
it is incapable of enjoyment by reason of incarceration.” The Court
strongly spoke against affront to prisoners’ dignity by relying on the
international instruments.
In Prem Shankar Shukla v. Delhi Administration,15 the Supreme
Court strongly spoke against affront to prisoner’s dignity. The Court
13
Ibid
14
Francis Coralie Mulin v. Union territory of Delhi, AIR 1981 SC 746.
15
AIR 1980 SC 1535.

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struck down the rule of handcuffing as violation of human rights on

the basis of the international standards laid down in Article 5 of the
UDHR, 1948 and Article 10 of the ICCPR, 1966.16
This period saw justice V.R. Krishna Iyer and P.N. Bhagwathi towering
over others as champions of prison justice. In Charles Sobraj v.
Superintendence, Central Jail, Tihar,17 V.R.KrishnaIyer,J,. observed
that “Iron is allergenic to human body” and categorically stated
that “Iron chains, bar fetters and handcuffs should not be imposed
on any prisoner except with the permission of the Court.” Deeply
pained by tales of torture in prison, Court expressed its anguish in
these words, “we are deeply disturbed by the diabolical recurrence
of police torture resulting in a terrible scare in the minds of common
citizens that their lives and liberty are under a new peril when the
guardians of the law gore human rights to death, the vulnerability
of human rights assumes traumatic torturesome poignancy when
the violent violation is perpetrated by the police arm of the State
whose function is to protect the citizen and not to commit gruesome
offences against them as has happened. Police lock-up if reports in
news papers have a streak of credence are becoming more and
more awesome cells. This development is disastrous to our human
rights awareness and humanist constitutional order.”
The Constitutionality of the death penalty was raised by the Supreme
Court on several occasions. The Law Commission of India in its
35th report was for retaining the death sentence in India. Adequate
safeguard is prescribed in the Criminal Procedure Code for imposing
death penalty and all relevant facts and circumstances are taken
into consideration. The judge balances a number of aggravating
or mitigating circumstances of the case and records his reasons in
writing for awarding the death sentence.18 Ordinarily for murder, life
sentence would be an appropriate punishment and for death penalty
special reasons must exist. In several cases the Court emphasized
the fact that death penalty is an exception rather than a rule and it
ought to be imposed only in the gravest of grave cases of extreme

16
AIR 1980 SC 1535.
17
AIR 1978 SC 1514.
18
Jagmohan Singh v. State of Uttarparadesh, AIR 1973 SC 947; (1973) 1 SCC 20.

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culpability or in the rarest of rare cases when the alternative option

is unquestionably foreclosed.19 But it is criticized that it is violation
of International human rights. Article 6(1) of the ICCPR states “Every
human being has the inherent right to life. Law shall protect this
right. No one shall be arbitrarily be deprived of his life.” Article 6(2)
provides “In countries which have not abolished the death penalty,
sentence of death may be imposed only for the most serious crimes
in accordance with the law in force at the time of the commission of
crime and not contrary to the provisions of the present covenant.”
Further Article 6(6) states “Nothing in this article shall be invoked to
delay or to prevent the abolition of capital punishment by any State
party to the present covenant. But when we read the complete
provision of Article 6, it is clear that its intention was not to abolish
death penalty completely. In 1982, UN Human Rights Committee
commenting on Article 6 supports for the abolition of death penalty
and requested the world countries to take adequate measures in
this regard. The Second Optional Protocol of the ICCPR requires
the state party to abolish death penalty.
The validity of the capital punishment was challenged in Bachan
Singh v. State of Punjab20 on the ground of fallibility in the legal
process, resulting in the execution of innocent people. The Supreme
Court reconsidered the earlier judgments in the case of Rajendra
Prasad v. State of UP21 and relied on the inter-relationship of Articles
14, 19 and 21 as we achieved in Maneka Gandhi v. Union of India22
to give its judgments. This novel approach gave a new dimension
of interpretation of fundamental rights and freedoms. The question
pondered over by the Court was whether death sentence would
violate Article 21, and Article 6(1) of the ICCPR. On international
standards on death penalty and ICCPR, the Court observed that
most states subscribing to these international standards have
retained the death penalty for murder and a few other crimes in
their penal laws. Finally it held that death penalty did not violate
Article 21 because neither India’s ratification of the ICCPR nor the

19
Bachan Singh v. State of Punjab, AIR 1980 SC 898.
20
Ibid.,
21
AIR 1979 SC 916.
22
AIR 1978 SC 597.

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expansive interpretations of Article 21 after the Maneka Gandhi case

have made a change in the prevailing standards of decency and
human dignity. It also reasoned that ICCPR did not outlaw capital
punishment as such.
In Jolly George Verghese v. Bank of Cochin,23, the Court discussed the
question whether a person could be arrested and detained in civil
prison on the ground of inability to fulfill a contractual obligation.
Viewing this case from the angle of Article 11of the ICCPR, the
Court said that ‘no one shall be imprisoned merely on the ground
of inability to fulfill a contractual obligation’. The question of
interpretation was the impact of a provision in the international
covenant on a provision in the national law. Here, Section 51 of the
Civil Procedure Code was to be interpreted in the light of Article
11 of ICCPR to minimize the possibility of detention for breach
of contractual obligation.. Justice V.R.KrishnaIyer observed that, “to
this extent, Section 51 CPC was amended judicially, in the light of a
provision in the international human rights document.”
The Rights of the accused as stated in Article 22 of the Constitution
was discussed by the Supreme Court in the light of the international
instruments. In CBI v. A.J. Kulkarni,24 the question of production of
the accused within 24 hours to the nearest Magistrate was raised
before the Supreme Court from the human right perspective. By
harmonizing Article 9 and Article 14 of the ICCPR, 1966 the Court
observed that, if there is failure to produce the arrested person
before the nearest Magistrate within 24 hours, it makes the arrest
illegal. The judiciary authorized the detention of the accused
under judicial custody or police custody from time to time if the
investigation is not complete. There can be no detention in police
custody after expiry of 15 days. If the investigation is not completed
within 60 or 90 days, the accused has to be released on bail under
Section 167(2) Cr.P.C.
Administrations of justice in general and criminal or corrective justice

23
AIR 1980 SC 470.
24
Central Bureau of Investigation, Special Invenstigiation Cell-I, New Delhi v. Anupam
J. Kulkarni, AIR 1992 SC 1768.

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in particular are sovereign rights of States. As per the traditional

notion of sovereign immunity, any wrongs committed against any
person in course of employment is immuned from the liability.
However, the Court interpreted sovereign immunity in a different
manner in the light of international instrument and held the liability
of State to compensate in wrongful arrest or detention. This period
saw Compensatory jurisprudence being developed by the Supreme
Court, though India had not ratified and had reserved the clause
of compensation for victims in lieu of Article 9(5) of ICCPR, but it
is adopted in several decisions by the Supreme Court. Thus was
started a new era of compensatory jurisprudence in Indian legal
history. This newly forged weapon is helped to protect the torture
victims in many of its decisions.
In Rudal Shah v. State of Bihar,25 the petitioner was awarded Rs.35,
000 as compensation against the State of Bihar as he was kept in jail
for 14 years after he was acquitted by a criminal court. The question
before the Court was whether it could grant some compensation
under Article 32 to the petitioner for his wrongful detention. The
Court strongly criticized the inefficiency of the administrative
mechanism, leading to flagrant infringements of fundamental right
and held the opinion that it cannot be corrected by any other
means. It led to the judiciary to adopt the right to compensation for
the unlawful acts of the government. This stand of the Court was
repeated in Bhim Singh v. State of J&K26 wherein the Court awarded
compensation to the petitioner for his illegal detention in police
custody which was held to constitute violation of Article 21.
The Court, in Sheela Barse v. Secretary, Children’s Aid Society27
referred UN Declaration on Rights of Child, 1959 for protection
of children from exploitation in prison. While issuing the directions
to the State of Maharashtra to protect children from exploitation in
jails, the Supreme Court held that the convention which had been
ratified by India, and which elucidated norms for the protection
of children, cast an obligation on the state to implement their

25
AIR 1983 SC 1086.
26
AIR 1984 SCC Supp. 504.
27
(1978)3 SCC 50.

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principles. In this connection the Court observed that: “In 1959,

the Declaration of all the rights of the child was adopted by the
General Assembly of the United Nations. In 1966, the International
Covenants appropriately recognized the importance of the child.
India is party to these International Charters having ratified the
Declaration; it is an obligation of the government of India as also
the State machinery to implement the same in the proper way.”
In this way the Court emphasized the significance of international
human right instrument and internalized it to the domestic law.
In Saheli v. Commissioner of Police,28 the Court held that the State
was liable to pay compensation to the mother of the deceased who
had died because of police beating and assault. These two cases
were decided by the Supreme Court by applying Article 9(5) of the
ICCPR, thereby consolidating the international laws here.
From 1993-2011
This phase witnessed the Supreme Court going from strength to
strength in its self proclaimed endeavour as ‘people’s protector’ or
‘Supreme Court for Indians’. Its activism was unabated, allowing its
sane voice to be heard above the din. The new weapon forged by
it i.e, ‘Compensatory Jurisprudence’ was used many times in these
phase also, creating jitters in the administration.
In Nilabeti Behera v. State of Orissa,29 Supreme Court considered the
question of monetary compensation to the victim of unlawful arrest
and detention. In this case, the victim Suman Behera and another
accused were handcuffed and tied together and kept in custody
at the police station. Next day, the body of the Suman Behera was
found on the railway track with multiple injury. Additional Solicitor
General urged that it was not a case of custodial death but of death
of caused by injuries sustained by him in a train accident, after he
managed to escape from police custody by chewing off the rope with
which he had been tied at the Police outpost. The Court rejected
the contention and ordered the government to pay compensation
to the deceased’s mother by referring to support of Article 9(5) of
28
(1990)1 SCC 422.
29
AIR 1993 SC1960.

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the International Covenant on Civil and Political Rights, 1966 which

indicates that an enforceable right to compensation is not alien to
the concept of enforcement of guaranteed right.30 Article 9(5) reads
as follows: “Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation.”
In Joginder Kumar Case,31 the Supreme Court took measures for
preventing custodial violence through documentation of arrests. It
suggested that police should inform the arrest and detention of a
person to a nearest relative, friend or neighbor. It is also urged that
the UN Body of Principles for the protection of all the persons under
any form of detention and imprisonment and the UN Standard
Minimum Rules for the treatment of prisoners are to be followed. A
shocked Supreme Court looked down at the inhuman treatment of
prisoners lodged in hospitals, in Citizens for Democracy v. State of
Assam and Ors, and observed, “the handcuffing and in addition tying
with ropes of the patient-prisoners who are lodged in the hospital
is, the least we can say, inhuman and in utter violation of the human
rights guaranteed to an individual under the International law and
the law of the land. We are therefore of the view that the action of
the respondents was wholly unjustified and against law. We direct
that the detenues – in case they are still in hospital – be relieved
from fetters and the ropes with immediate effect”32
Supreme Court time and again held that torture is not permissible
and it is a human rights violation. In D.K. Basu v. State Bengal of
West33 is a case all those matters related to torture of prisoners
are outlined and steps to be taken by the authorities to end such
torture was given in the form of guidelines by the Court. It observed
that, “Custodial violence” and abuse of police power is not only
peculiar to this country but it is widespread. It has been the concern
of International community because the problem is universal and
the challenge is almost global. The UDHR, which marked the
emergence of a worldwide trend of protection and guarantee of

30
Nilabati Behera v. State of Orissa (1993)2 SCC 746; AIR 1993 SC 1960.
31
Joginder Kumar, v. state of U.P AIR 1994 SC 1349.
32
(1995)3 SCC 743.
33
AIR 1997 SC 610; (1997) 1 SCC 416.

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certain basic human rights, stipulates in Article 5, “No one shall be

subjected to torture or to cruel, inhuman or degrading treatment or
punishment.“ Further the Court held that the custodial death is the
worst crime in a civilized society governed by the Rule of Law. The
right inherent in Article 21 and 22(1) of the Constitution require
to be jealously and scrupulously protected. Any form of torture or
cruel, inhuman or degrading treatment would fall within the ambit of
Article 21 of the Constitution, whether it occurs during investigation,
interrogation or otherwise. The precious rights guaranteed by Article
21 of the Constitution of India cannot be denied to convicts, under
trials, detenues and other prisoners in custody, except according to
the procedure established by law and by placing such reasonable
restrictions as are permitted by law. Despite the pious declaration,
the crime continues unabated, though every civilized nation has
shown its concern and takes steps for its eradication.
In this case, the Court went to the extent of saying that since
compensation was being directed by the Courts to be paid by the
State, which has been held vicariously liable for the illegal acts of its
officials, the reservation to Article 9(5) of the ICCPR by the government
of India has lost its relevance. In fact, the sentencing policy of the
judiciary in torture related cases, against erring officials in India has
become very strict. For an established breach of fundamental rights,
compensation can now be awarded in the exercise of public law
jurisdiction by the Supreme Court and High Courts, in addition to
private law remedy for torture action and punishment of wrongdoer
under criminal law. In this case the Court gathering support from
Article 5 of UDHR34 laid down a code for protection of detainees at
and after arrest. Regarding award of compensation in case of illegal
arrest and detention, by referring to Article 9(5) of the ICCPR35 it
observed that, “The claim of the citizen is based on the principle
of strict liability to which the defence of sovereign immunity is not
available and the citizen must receive the amount of compensation
from the State, which shall have the right to be indemnified by

34
Article 5 of UDHR states that no one shall be subjected to torture of to cruel,
inhuman of degrading treatment of punishment.
35
Article 9 (5) of the ICCPR, 1966: “Anyone who has been the wictim of unlawful
arrest of detention shall have enforceable right to compensation”.

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the wrongdoer. In the assessment of compensation, the emphasis

has to be on the compensatory and not on punitive element. The
objective is to apply balm on the wounds and not to punish the
transgressor or the offender, as awarding appropriate punishment
for the offence (irrespective of compensation) must be left to the
criminal courts in which the offender is prosecuted, which the State
in law is duty bound to do.”36
Compensatory Jurisprudence was once again stressed by the
Supreme Court in People’s Union for Civil Liberties v. Union of India
& Another, A large number of cases were referred to and once again
the Court relied on ICCPR instrument of 1966, read which was
along with our Constitutional rights to chalk out protective and
remedial measures earlier unheard of to torture victims in police
custody. This case was concerned with the award of compensation
in a case of fake encounter resulting into custodial death of two
persons alleged to be terrorists, who were shot dead by the police.
The Court considered the question of fake encounter by police
while the accused was in custody. By referring Article 9(5) of the
ICCPR and a good number of foreign judgments, the Court awarded
a compensation of Rs. 1 lac to the families of each of the deceased
families.37
Right against exploitation is available to persons including prisoners
and hence no prisoner can be compelled to work forcibly. In State
of Gujarat v. Hon’ble High Court of Gujarat, the Court considered
the question of putting prisoners to hard labour, as part of their
punishment. It laid down that they should be paid wages for such
work at rates prescribed under Minimum Wages Law. Otherwise
the person provides service to another for remuneration less than
minimum wage labour and that service would amount to “forced
Labour” or ‘beggar’ under Article 23. In this case the Court referred
the provision Article 8 of the ICCPR which says that, “No one shall
be held in slavery and the slavery trade in all their forms shall be
prohibited.”38

36
AIR 1997 SC 610
37
People’s Union for Civil Liberties v. Union of India, AIR 1997 SC 1203.
38
AIR 1998 SC 3164, (1998) 7 SCC 392.

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In State of Andhrapradesh v. ChallaRamakrishanReddy& Others,39 the

Supreme Court cautioned the public authorities that the Constitutional
right to life should not be denied to anyone, even to persons detained
or imprisoned, as they do not cease to be … human beings … and
still retain the residue of constitutional rights. Punishment or sentence
that may be imposed on accused persons or prisoners, which
constitute torture or cruel by inhuman or degradation treatment,
can amount to violation of the right to life. The Court relied on the
combination of Article 14 and 21 of the Constitution and clubbed it
with international legal principles embodied in Article 5 of the UDHR
and Article 7 of the ICCPR it held that “…. (A)ny form of torture or
cruel, inhuman or degrading treatment would be offensive to human
dignity and constitute an inroad in to this right to live and it would,
on this view, be prohibited by Article 21 unless it is in accordance
with procedure prescribed by law, but no law which authorizes and
no procedure which leads to such torture or cruelty, inhuman or
degrading treatment can ever stand the test of reasonableness and
non-arbitrariness: it would plainly be unconstitutional and void as
being violative of Article 14 and 21.
In Pratap Singh v. State of Jharkhand and another,40 the Constitutional
bench of the Supreme Court discussed whether the date for
determination of age of juvenile offender is date of offence or the
date he produced before the Court was raised before the Court. In
this connection the Court observed the obligation of the enactment
of Rule 9 and Rule 27 of the Juvenile Justice Act, by referring the
United Nations Standard Minimum Rules for the Administration of
Juvenile Justice, 1985 also know an Beijing Rules and declare that
the rules in the legislation shall not be interpreted as precluding the
application of the Standard Minimum Rules for the treatment of
prisoners adopted by the UN and other human rights instruments
and standards recognized by the international community that
related to the care and protection of the young.
In AlokeNath Duta v. State of West Bengal,41 the appellant was

39
(2000) 5 SCC 712.
40
AIR 2005 SC 2371.
41
MANU/ SC/8773/2007.

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sentenced to death for conspiring to commit murder. On the issue of

the death penalty, Justice S.B.Sinha mentioned the growing demand
in the international forum to abolish the death penalty and referring
to the Second Optional Protocol of the International Covenant on
Civil and Political Rights, 1966, converted the death penalty to life
imprisonment based on its precedent and the evidentiary issues
involved in this case.
Again, in Munshi Singh Gautam v. State of M.P.42 the Supreme Court
set aside the conviction of the three accused on the basis of the
evidentiary and procedural issues and held that Article 5 of the
UDHR highlights the problem of torture and custodial violence as
one of universal concern.
In Dalbir Singh v. State of U.P. & Ors43 The Court held that rarely in
cases of police torture or custodial death, there is any direct ocular
evidence of the complicity of the police personnel, who alone can
explain the circumstances in which a person in their custody had
died. Torture and custodial violence cannot be permitted to defy the
fundamental rights under Articles 20(3) and 22 of the Constitution
by relying Article 5 of the UDHR. The court awarded compensation
for the petitioner.
Similarly in Swamy Sharaddanand v. State of Karnataka,44 Justice
S,B,Sinha observed that “growing demand in the international fora,
particularly the Second Optional Protocol of International Covenant
on Civil and Political Rights, 1986, the American Constitution of
Human Rights etc are recommended to abolish the death penalty
and to bring the change in the barbaric sentence”. The Court relied
the international human rights instruments and regional instruments
in the domestic law to make reform in the death sentence.
Recently the Court assimilated the international human rights
instruments relating to the issue of non-bailable warrants in Inder
Mohan Goswami v. State of Uttaranchal,45 It quashed the non-

42
MANU/ SC/8173/2007.
43
AIR 2009 SC 1674; (2009) 11 SCC 376.
44
MANU/ SC/7715/2007.
45
MANU/ SC/7999/2007.

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bailable warrants issued by the lower court. It relied on several

decisions to reach the conclusion, and mentioned that liberty is an
important human right enunciated in the American Declaration of
Independence, 1776, the French Declaration of the Rights of Men
and the Citizen, 1789, the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, 1966.
Justice S.B. Sinha in Harendra Sarkar v. State of Assam with Kailash
Gaur &Ors v. State of Assam, while discussed the application of
“Doctrine of Reverse Burden” in certain category of offences, where
accused has burden to establish his innocence before the Court of
law, the Court observed that “whether parliament intended to lay a
different standard of proof in relation to certain offences or certain
pattern of crimes, it did so. In such a case subject to establishing
some primary fact, the burden of proof has been cast upon the
respondent. There is large number of statutes where the doctrine
of reverse burden has been applied. Save and except those cases
where Parliamentary statutes apply the doctrine of reverse burden,
the Court should not employ the same per so would not be violates of
UDHR, but also the fundamental rights of the accused as envisaged
under Article 21 of the Constitution of India.”
In Man Bahdur v. State of A.P.46 the Court while discussing the right
to a fair trial of the accused in the light to international instrument.
It observed that, “Article 12 of Universal Declaration of Human
Rights provides right to a fair trial. Such rights are enshrined in our
Constitutional scheme bring Article 21 of the Constitution of India.
If a right to fair trial, his case must be examined keeping in view the
ordinary law of the land.
In Smt. Selvi and Ors v. State of Karnataka,47 the Court discussed the
whether the involuntary administration of the impugned techniques
violates the ‘right against self-incrimination’ enumerated in Article
20(3) of the Constitution. The Court recognized that the right against
self-incrimination has been recognized in the international human
rights instruments. It observed that “in the ICCPR, Article 14(3)(g)

46
AIR 2009 SC 367.
47
AIR 2010, SC 1974.

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enumerates the minimum guarantees that are to be accorder during

a trial and states that everyone has a right not to be compelled
to testify against himself or to confess guilt and the guarantee of
‘presumption of innocence’ bears a direct link to the right against
self incrimination since compelling the accused person to testify
would place the burden of proving innocence on the accused
instead of requiring the prosecution to prove guilt.”
Guaranteeing civil and political rights to citizens is mandatory in a
democracy. The Indian Constitution framed for a nascent democracy
fresh from a long colonial past has wide ranging civil and political
rights. Almost all the positive aspects of UDHR are embedded in the
Constitution. The same zeal was shown by India, when it ratified
the 1966, Civil and Political rights convention excepting provisions.
When the Constitution incorporates and the government accepts
international human rights provisions substantially, the gap between
the international and the domestic law is minimal and the gap
widens when it is to the contrary. The role of the Supreme Court
in harmonization is more so if the gap is wide. Here the role of
the Supreme Court is not so wide. Yet the above analysis under
different phases reveals that the Supreme Court’s role is not the
same in all categories. In one it is vibrant, in another it is dormant
and in yet another presence is visible. All this depends on the width
of the gap to be bridged.
Conclusion
Prisoner’s rights are sensitive category under the Civil and Political
rights of the international human rights instruments and the domestic
legislations. It is found that there are 28 cases reported from 1950
to 2010.

Phases Reference Expansion

First Phase (1950-66) Nil Nil
Second Phase (1966-79) 1 2
Third Phase (1979-93) 0 9
Fourth Phase (1993-2010) 0 16
Total 1 27

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It is found that the role of the Supreme Court in the enforcement of

the international human rights instruments touched the entire gamut
of criminal jurisprudence starting from the arrest of a person, for an
alleged offence, including arrest on suspicion and ending in capital
punishment and compensation in the case of fake encounters. The
last aspect i.e. compensatory jurisprudence was unheard of earlier in
conventional common law tradition where immunity is invoked to
defend the state and its authorities while discharging their function
in the process of maintaining law and order and jail administration.
The doctrine of sovereign immunity erases all excesses. But the
activistic Supreme Court nailed that effectively.
It is also found that all the cases except one in the prisoners’ category
have been used to expand the horizon of human rights available to
prisoners. Only in A.D.M. Jabalpur case, the Supreme Court stopped
with mere reference of the international instrument and did not go
in for expansion. This case was decided during the darkest period of
Indian democracy, when national emergency was in force. Probably
due to that, the Supreme Court did not avail the opportunity of
expanding the human rights available to the prisoners.
In Rudal Shah case, the Supreme Court directed the authorities
to pay compensation to the victim who was negligently detained
in prison without any authority of law for a period of 14 years.
This was in accordance with the international norms. Similarly,
compensation was awarded to the victim who was kept under illegal
detention by the police in Bhim Singh v. State of Jammu & Kashmir
case. In NiabatiBehra and Saheli, the mothers of victims of custodial
violence were awarded compensation by the Supreme Court.
Compensatory jurisprudence apart, the Supreme Court ventured
into aying detailed guidelines to safeguard the rights of the prisoners.
In Sheela Barse case the Court aid down guidelines to women
prisoners including detenues who are under police custody. It is
based on UDHR stipulations. An attempt was made to extend the
human rights available to other prisoners including male prisoners
in Joginder Kumar Singh case. It is related to the treatment of
prisoners.
The process of harmonization was at its peak in D.K. Basu case,

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where detailed guidelines dealing with the procedures of arrest

and detention and protection of prisoners including compensation
for victims of fake encounters was laid down. The Court stipulated
that the guidelines as laid down in this case are to be followed
till appropriate legislative enactments are made. Till date no such
legislation has been passed (except minor modifications made in the
present rule, 2007) to replace this code, which has been inspired
by the international instruments. The Standard Minimum Rules
of Prisoners laid down by the UN was applied in Prem Shankar
Shukla case, to forbid handcuffing and other inhuman treatments,
normally meted out to under trial prisoners by the police. In
Kulkarni case bail was granted to the prisoners for the failure of
the prosecution to complete investigation on time. However while
ratifying the Civil and Political Rights, India categorically made few
reservations. One such reservation was on compensation to the
victims. But in the cases cited above, the Supreme Court brought
in the principle of compensatory jurisprudence in India even in the
absence of legislation on the same. The Supreme Court brought
in harmonization to enable the prisoners to have all these human
rights which they can possibly have. Hence for the furtherance of
human rights of prisoners the Court felt it necessary to harmonize
international laws.
From the above analysis it is clear that the Supreme Court played a
substantial role in enforcing the international human rights with the
domestic human rights with reference to Civil and Political Rights
dimensions. In the process of harmonization, the Supreme Court
did not rest with mere invocation of international human rights
instruments, but also saw to it that some of the rights available in the
international instruments become part and parcel of the domestic
law and thereby enforceable. Some part of the related judgements
is quoted verbatim to substantiate the above findings relating to
qualitative changing trend of the Supreme Court. For instance, in
Jolly George Verghese v. Bank of Cochin, the decision concluded
“indeed the construction I have adopted of Section 51 Civil
Procedure Code has the flavour of Article 11 of the Human Rights
Covenants, counsel for the appellant insisted the law and justice
must be on speaking terms – by justice he meant, in the present

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case, that a debtor unable to pay must not be detained in civil

prison.... counsel for the respondent did argue that international
law is the vanishing point of jurisprudence is itself vanishing in a
world where humanity is moving steadily, though slowly, towards
a world order, led by that intensely active, although yet intellectual
body, the UNO. Its resolutions and covenants mirror the conscience
of mankind and inseminate, within the member states, progressive
legislation, but till this last step of actual enactment of law takes
place, the citizen in a world of sovereign states has only inchoate
rights in the domestic courts under these international covenants.”
Prisoner’s human rights constitute an important domain for
enforcement. As Professor Baxi in his book “Crisis of Indian
Legal System” observed that after Independence the republican
Constitution introduced various rights to prisoners in its
Constitution, but the same prison system and police system of
the British Raj continue.48 In spite of Constitutional provisions,
the structural and functional changes in the police system could
not take place. Therefore some of the human rights available
to prisoners at the global level were denied to Indian prisoners.
Hence in this sphere the Supreme Court harmonized and enforced
widely when compared with other Civil and Political Rights.

Upendra Baxi, Crisis in the Indian Legal System, (New Delhi: Vikas, 1982) pp.36-7
48



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HIV/ AIDS Intervention Programme in

a Prison-Setting
Dr. ArchanaDassi* Swati Bist **

Key word
HIV/ AIDS, Declaration of Commitment on HIV/ AIDS, Health Situation,
NACO, WHO, Risk Behaviour, Prison Setting.

Abstract
The prevalence of HIV infected persons in the prison system is a
serious challenge both to the institutional health services and to outside
community public health. This challenge offers a unique opportunity to
reach out to these high risk individuals and connect them to the HIV
and AIDS prevention and treatment programmes. It is not expected
that prisons would tackle these most critical health issues on their
own as they are not equipped to do so. It is, therefore, imperative that
HIV / AIDS is considered as a public health issue among prisoners and
appropriate measures are initiated for their protection treatment.

Introduction

H uman Immunodeficiency Virus (HIV) and Acquired

Immunodeficiency Syndrome (AIDS) have emerged as the
most important public health concern across the globe (WHO,
2009). Since 1981 when the first case was reported, the virus has
claimed the life of millions of persons. The disease has the highest
toll in the age group of 15-49 years, which corresponds with the
economically useful age-group in the human life-cycle (UNODC,

Author Intro.:
* Associate Professor, Deptt. of Social Work,Jamia MilliaIslamia University, Delhi
** Research Scholar, Deptt. of Social Work, Jamia MilliaIslamia University, Delhi

April-June, 2013 135

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2008a). In effect, many lives are lost to this epidemic amongst

those who are or would be actively engaged in economically
productive activities like farming, office work, mining, factory work,
professions, etc. The illness and consequential death of parents
and breadwinners leave behind hopeless and helpless dependants
who may have little social support and no regular source of income
(Thomas, 1994). Besides, the capacity of the afflicted to work and
earn may get affected, sometimes severely. Cumulatively, the virus
may, indirectly but substantially, contribute to dependency and
poverty at individual, group and even national levels.
Efforts to fight HIV infection have been met with several diverse
challenges. Among them are the socio-cultural and economic
barriers. Yet the greatest obstacle has been palpably high level
of ignorance about the virus, its routes of transmission and risk-
reduction practices (Kakkar, 2005). Furthermore, the afflicted have
often been reluctant to access health facilities, fearing stigmatization
in the community because of certain inchoate cultural traditions
and beliefs(Dube, 2000).
It may be pointed out that in 2001, United Nations General
Assembly on HIV/AIDS adopted the Declaration of Commitment
on HIV/AIDS, acknowledging that the epidemic constitutes a
“global emergency and is one of the most formidable challenges
to human life and dignity.” Among the things, the Declaration
laid down ten priorities, including prevention, treatment and
funding. It was designed as a blueprint to meet the Millennium
Development Goals to halt and mark a beginning to reverse the
spread of HIV/AIDS by2015(cited in UNAIDS 2006). In 2008, there
were approximately 33.4 million persons living with HIV infection
globally. Out of this, approximately 4.7 million were in Asia(WHO,
2009). In India, an estimated 2.5 million adults suffer from HIV and
AIDS which amounts to 0.36 percent prevalence in the country’s
population (NACO, 2008). Although the proportion of persons
with HIV and AIDS is lower than previously estimated, India’s
epidemic continues to affect a large number of people because
the population of India is growing at a faster rate. There is found to
be a high HIV prevalence among sex-workers, injecting drug users

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and men who have sex with men. These infected persons seldom
adopt risk-reduction practices and, when they mingle with others,
they spread the infection of HIV. Given this, the problem tends to
assume large proportions and to become a public health issue.
The Madhya Pradesh Human Rights Commission (1998) in its report
titled 'Conditions of Prisons in Madhya Pradesh' discussed a series
of problems being faced by the prison population. It described
the problem of overcrowding as being critical. Out of the 113
functional jails of MP, 73 were overcrowded. The overcrowding
ranged from 100 to over 300 per cent in several sub jails. This
resulted in insufficient floor space for sleeping and movement,
ill health, insufficient toilets and problems of management .The
National Human Rights Commission (1997), for instance, has
referred to the “appalling conditions of overcrowding, lack of
sanitation, poor medical facilities, inadequate diet, and the like, in
most of the jails of the country.
In this scenario, the health situation among prison inmates assumes
a pointed significance. Looking to the set and setting, morbidity and
mortality issues in prisons even otherwise figure prominently. With
regard to HIV and AIDS, prisons therefore call for the prevention
and treatment programmes. Such interventions promise to benefit
not only jail inmates and their partners and families, but also larger
public health. The incarcerated prisoners have a right to access
physical and mental health services. This right is also specified
in Article 25 of the United Nations Universal Declaration of
Human Rights, and in Article 12 of the International Covenant on
Economic, Social, and Cultural Rights ( as sited in UNAIDS, 2006
and UNODC, 2007). But there are instances where these rights
are being denied to them. The international thinking is plain that,
except for liberty, prisoners retain all other rights which should
not be denied to them as a consequence of imprisonment. States,
therefore, have a responsibility to have legislation, policies and
programmes in conformity with international human rights norms,
to ensure that prisoners are provided a standard of health care
corresponding to that accessible in the outside community.
Prison statistics reveal that prisons usually have a concentration of

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high-risk persons or inmates. Often prisons come to have situation

highly conducive for the transmission of numerous infectious
diseases, including Tuberculosis, Hepatitis (A, B and C), sexually
transmitted diseases and HIV. A study conducted by Singh and
Mohanty (1999), looked into the sero-prevalence rates of sexually
transmitted and blood-borne infections among inmates of district jails
in Northern India. Serum samples were obtained from the inmates
(N=249; 240 male and 9 female), aged 15-50 years, and tested
for antibodies against HIV, Hepatitis C virus, TreponemaPallidum,
and Hepatitis B surface Antigen (HBsAg). The results indicated that
11.6 percent inmates had active Hepatitis, 10.4 percent active
Pulmonary Tuberculosis and 4.6 percent Syphilitic Ulcer on the
penis. Similarly, 1.3 percent of the inmates were HIV-1 positive
while 11.1 percent men and 22.2 percent women were positive
for HbsAg. This indicates that sexually transmitted and blood-
borne infections have a high prevalence in jails and pose a threat
of rapid spread through drug use and homosexuality. Statistics
reveal that prison population mainly comprises males (including
the prison staff). In such a gender exclusive surroundings, male-to-
male sexual intercourse is highly likely. The actual number of such
instances is likely to be much higher than what is reported. Not
only prison authorities but also inmates take to denial mode, fear
of being harassed or the criminalization of homosexuality. Small
D. (2008) has highlighted a nexus between drugs, sex, prison and
HIV infection. He reports this on the basis of a study conducted on
prisons in the United States of America. It has been observed that
there is comparatively a high prevalence of drug addiction and
HIV infection among the prison population. Despite the proven
nexus between them in correctional settings and risk of catching
HIV infection, very few prisons provide condoms, clean syringes
or other devices to protect against HIV transmission (Small, 2008).
In another study supported by UNODC, Seifman and Egamberdi
(2008) revealed that there is limited information on HIV in African
prisons. Research highlights that the prison-based high-risk sexual
and other risky behaviour increases the spread of HIV and sexually
transmitted infections not only in the prison community but also
between prison and non-prison population-groups. It stresses on
the need to evolve effective policies to prevent HIV in prisons and
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reforms in the criminal justice system.

Available information is convergent that prisoners are one of the
principal vulnerable population groups susceptible to infections
like HIV. However, Seifman and Egamberdi (2008) note that they
seldom find a place in national HIV and AIDS prevention policies.
As a consequence, there is seen a lack of awareness and education
among prisoners about the risks of contracting and transmitting
HIV infection. At the same time, absence of protective means and
proper medical care increases their risk of HIV infection manifold.
In another study by Kamugisha (2008) carried out in the prisons of
Uganda has explored the level of awareness of HIV and AIDS, its
causes and implications and the capacity of the prison administration
to handle HIV and AIDS cases. Majority of the respondents express
their desire to receive information about HIV / AIDS, access to
voluntary counselling services, behaviour change programmes and
treatment and care services. More than a half of the male prisoners,
above 40 years of age, admit of having seduced younger inmates
into homosexuality, often using mere cigarettes as gifts. The risk of
infection is also increases for those inmates who come in contact
with other prison population groups, such as prison staff and their
spouses, as well as visiting spouses or partners of prisoners.
Given above, the prevalence of HIV infected persons in the prison
system is a serious challenge both to the institutional health services
and to outside community to public health. This challenge offers
a unique opportunity reach out to these high risk individuals and
connect them to the HIV and AIDS prevention and treatment
programmes. It is not expected that prisons would tackle these most
critical health issues on their own as they are not equipped to do
so. It is, therefore, imperative that HIV / AIDS is considered as a
public health issue among prisoners and appropriate measures are
initiated for their protection treatment.
PRESENT WORK
In the light of the foregoing, it is important that the HIV/AIDS
situation obtaining in prisons in India is ascertained. The present
study is an attempt in this direction.

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Objectives of the Study

The study has, in the main, the following objectives:
• To assess the level of awareness among prison inmates towards
HIV infection;
• To look into the nature of ongoing HIV intervention programmes
in a prison and their impact; and
• To unravel challenges in the implementation of the intervention
programmes.
Research Design
Exploratory in nature, the study has been carried out at the Central
Jail,Tihar,Delhi. The reason for taking this jail was that Delhi is the
hub of information and awareness. It is a place where both the
tangible and intangible resources are available. Keeping this in view
it was felt that taking Delhi Prisons would be feasible, in order to
explore the existing HIV/ AIDS Intervention Programme in a Prison-
Setting. As mentioned earlier, the Prison environment has reflected
the vulnerability of prisoners to various health problems, HIV/AIDS
being one among them.
It is assumed that by interacting with prison officials, inmates
and NGO workers active in the prison and by gathering relevant
information would facilitate the realization of the enunciated study
objectives.
Sampling
The Tihar Prison in Delhi, in fact, is a complex of nine central jails.
Central Jail Tihar, Delhi has been selected for the study for specific
distinctive reasons; inmates population includes a diverse range
of ethnic and linguistic segments; and quite a few government.
and non-government organisations have been active in generating
HIV and AIDS awareness.The present study has focused on one of
these jails as the permission to conduct the research was given in
one jail only. As compared to other jails, the jail under study has
comprehensive health facility located inside the jail premises as it

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has an in-house big hospital, drug de-addiction centre, Integrated

Counselling and Testing Centre run by Delhi State AIDS Control
Society (DSACS). Although these facilities are meant for all the
nine jails, yet the accessibility of this particular jail is maximum
to the health services. Besides the health facilities, it also has a
Health Awareness Programmebeing run by an NGO called AIDS
Awareness Group (AAG). At the time of data-collection, the jail had
1917 inmates. The study focused on the inmates who were in the
age range of 19 to 35 years. This particular age group was selected
because according to National AIDS Control Organization (NACO,
2008) statistics it is seen that an unduly large numbers of persons
in the age range of 15-35 years are infected. So, the present study
focused on the inmates in the age-group of 19-35 who had been
in this jail for at least 6 months. Meeting these criteria, sampling
was done where it was found that there were 790 inmates in this
age range. The researchers were given the permission for only one
week to visit the jail. Keeping this in view, a sample of 30 inmates
were taken using systematic random sampling approach, every
25th inmate on the list was selected as the respondent to conduct
the research.
Besides, prison officials, Health personnel, ICTC counsellor, and
NGO worker active in the jail were included in the sample. Their
total number was 7. The list of officials included Law Officer (1),
Superintendent (1), Welfare Officer (1), Medical Officer in-charge
i.e. RMO (1), SMO (1), Integrated Counselling and Testing Centre
(ICTC) counsellor (1) and NGO worker (1).
Data Collection and Analysis
Keeping in view the sensitivity of the issue and the composition of
the jail inmates, the study has used interview schedule. It has mostly
open-ended items dealing with sexual behaviour, awareness and
information about HIV infection, and HIV risk-reduction practices.
For prison officials and NGO workers, an ‘interview guide’ has been
developed to elicit their view on HIV and AIDS infection as well as
on the intervention programmes. It also includes issues of challenges
faced by them in the implementation of these programmes.

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The two tools have been implemented during a two-month

period — the time-frame laid down in permission given by the
prison authorities The data collected has been qualitatively and
quantitatively analysed. The findings of the study that follow are as
interesting as they are revealing.
Findings of the Study
Prison profile: The nine prisons in the Tihar Jail complex house
around 12,000 prisoners against the sanctioned capacity of 6,250
prisoners only. There has been a steady increase in the prisoners’
population over the past some years. At present, the jail has a
huge population of 8,936 under-trial prisoners. Out of the total
population, 7,025 are young inmates in the age-group of 18-30
years. They are locked up for two-thirds of the day, in crowded
barracks, with minimal lighting and space. This kind of overcrowding
has led visibly to the deterioration of the physical conditions in the
prison premises. It has also told upon the custody and supervision
of the inmates, a fact that considerably increases the danger of
gang activity and violence. It would be hardly surprising if some
jail inmates under tension, frustration, and idleness seek release
through sex and sexual aberrations
Usually, prisons are managed by three categories of personnel i.
e. custodial, correctional and medical staff. At the cutting-edge
level, it is the staff-inmate ratio that is an important indicator of
how effectively the inmates are treated. In Tihar Jail, the number of
inmates per custody official is 13, per correctional staff 1,522, and
per medical staff 516. Further, there is no monitoring mechanism
on the physical conditions and health system in the prison.
Prisoners’ profile: All of the inmates under study are males and
more than a half (53.3 percent) of them in the age-group of 26-30
years which is sexually active age-group. Out of the 30 respondents,
96.3 percent of the inmates are literate-about 10 percent have had
schooling till primary, 16.6 percent till 10th standard, 40 percent till
12th standard, 26.6 percent till graduation and 3.3 percent beyond
graduation. Paying attention to their marital status, two-thirds of
them (66.6 percent) are unmarried. Regarding theiroccupation that

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the inmates have been pursuing before having been committed

to the prison, 46.6 percent of the inmates worked asdaily wage-
workers, 20 percent self employed , 9.9 percent in private job,
6.6 percent in government job, 9.9 percent students and 6.6
percent were unemployed. It is further revealed that majority (67.8
percent) of them have had a monthly income between Rs. 4,000
and 10,000. It is found that about 50 percent of the inmates are
migrants to Delhi, they have come to the city from different parts of
the country. May it be noted that this kind of spatial mobility is often
a contributory factor in HIV infection.
An overwhelming majority (96.6 percent) of inmates is of under-
trials, that is, their cases are being heard by court. A third of them
have spent more than 4 years in the prison, 26.6 percent 2 to 4
years, 30 percent 1 to 2 years, and 9.9 percent less than one year
(average, 3 years). This in view, most of them may be taken to be
under tension and suffering from emotional stress.
HIV/AIDS awareness: Two-thirds of the inmates have received
‘first knowledge’ about HIV infection through various means such
as media (36.6 percent), school (23.3 percent) and books (6.6
percent). This shows that media and educational institutions play
a significant role in disseminating information on HIV and AIDS.
Another 17.5 percent of inmates have got information from such
sources as primary health centre, family doctors and peer group. It is
worthwhile to note that about17 percent of the inmates have come
to have ‘first information’ about HIV and AIDS in the prison only —
till they entered the prison, they report of having no knowledge of
HIV infection or AIDS.
Although, all the inmates are generally found to have information
about the main routes of transmission of HIV/AIDS, that is, needle-
sharing, mother-to-child, blood transfusion and unsafe sex. However,
quite a few of them are having umpteen myths and misconceptions.
For example, 16.6 percent of the inmates have a misconception
that HIV/AIDS spreads through mosquito-bite. While some are self-
assured on this, a few have a little doubt. Another 16.6 percent
believe that one might get HIV infection and AIDS, if they get in
touch with the saliva and sweat of an HIV-positive person. Needless

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to add, such myths and misconceptions make for an impediment in

the path of intervention programmes.
Risk Behaviour and Practices
While examining the relation between the literacy level of inmates
and their awareness about HIV and AIDS, it is seen that literacy
has no significant role in raising their awareness level about HIV
transmission. Data bring out that out of the 10 inmates who have
misconceptions, 9 are literate and only one is illiterate. Myths
and misconceptions have less to do with the literacy level of an
individual but more to do with deep-rooted beliefs and attitudes
(Singh, 2008). This shows that spreading awareness about HIV and
AIDS is not enough as there is a need to work on changing the
popular belief system.
On exploring the sexual life of the inmates, it is found that the
majority (80 percent) of the inmates have been sexually active before
being committed to the prison. The average age of an inmate at the
time of first sexual intercourse was 19 years. Out of this (N = 24),
91.6 percent of the inmates have experienced sexual intercourse
with opposite sex (heterosexual behaviour), one inmate reports to
have had sex with same sex partners (homosexual behaviour with
multiple ‘same sex’ partners), and one respondent have had sexual
intercourse with both the sexes (bisexual behaviour). Data reveal
that two-thirds (66.6 percent) of the inmates have had their ‘first’
sexual intercourse in their adolescent years (i.e. 14-20 years of age)
and one-third in adulthood (i.e. 21-26 years of age).
In order to know about the partner in the sexual activity, the
heterosexual inmates reported that 54.1 percent have had sex
with a regular partner, 20.8 percent with a commercial sex-worker
and 16.6 percent with casual partner. As already mentioned, 8.5
percent of the inmates have had sex with male partner. It needs to
be highlighted that as many as 11 inmates have been at `high risk’
because of their sexual behaviour. Two of the respondents, who
admit having sex with men, report that they are sexually active in
the prison also. It may be pointed out that one inmate is a drug-
addict and has sex with multiple ‘same sex’ partners (inside the

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prison) as barter for his favourite drugs. The data clearly bring out
that sexual activity goes on even in the regimented set up of the
prison.
Due to fear and humiliation, it is not easy to obtain exact statistics
regarding sexual activity but both the consensual and non-consensual
sex is quite evident among prisoners. An inmate reports that sexual
assault or forced sex is a reality of the prison-life, and so is the fear of
forced sex. Often it’s cruel and the violent nature makes recipients
more prone to anal tears and, consequently, increases the chances
of HIV transmission.
The study explores the use of condom during sexual intercourse
to have ‘safe sex’. Over 83 percent of the inmates report that they
have not used condom in the ‘first’ sexual intercourse. Out of 4
inmates who report safe-sex, three are graduates and one has had
education up to 12th. It seems that education plays an important
role in determining ‘safe sex’ behavior.
It is encouraging to note that a majority (93.3 percent) of inmates
have information about the availability of condom. According to
them, condom can be procured from medical stores in the market
and health centers.
It is generally seen that the problem of HIV and AIDS has a profound
and unsettling effect on the family and the community. The inmates
have been asked about the effect of HIV and AIDS on the family. More
than four-fifths report that HIV and AIDS have a highly disturbing
effect on the family because of its incurable nature. They report
that it may cause breaking of the family. Besides, family members
face stigma and discrimination associated with the problem of HIV
and AIDS. Also, it adversely affects the family income. Only 3.3
percent tend to treat HIV/AIDS like any another disease, whereas
14 percent have no idea about the ill effects of HIV/AIDS on the
family and community.
With regard to chances of contracting HIV/AIDS in prison, 20 percent
inmates concur that there are chances of getting infected in the
prison, too. They refer to various causal factors for this eventuality
that is men having sex with men and prison violence (such as assault

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with the infected sharp-edged objects by HIV positive inmates). In

fact, quite a few have been threatened by fellow afflicted inmates.
On the other hand, 73.3 percent inmates report that their chances
of getting HIV are negligible because they are well aware and have
the ability to protect them from the infection.
A fifth of the inmates think that in future there are chances of getting
infected with HIV outside the prison. Out of this, 13.3 percent are
of the opinion that there are fewer chances of getting infected
outside the prison and 6.6 percent think that the chance of getting
HIV infection whether inside or outside the prison are nearly equal.
What is more striking is that a vast majority (80 percent) of the
inmates assert that there is no risk of contracting HIV infection.
Preventive Practices by Prison Authorities
A baseline knowledge, attitude and practice survey (KAP) was
conducted (UNODC, 2008 b), in selected prison site of India,
Nepal and Sri Lanka. A total of 1,386 prison inmates were included
in the purposive sample. Out of them, 34 percent were from India,
7 percent from Nepal and 59 percent from Sri Lanka. With regard
to the drug profile of inmates, 86 percent were from Sri Lanka,
63 percent from India and 72 percent from Nepal who had ever
used intoxicating drugs. Noteworthy is the fact that 3 percent from
Sri Lanka, 29 percent from India and 4 percent from Nepal had
switched to injecting mode after coming to prison. More than 50
percent of the inmates in Sri Lanka and Nepal and more than 25
percent in India believed that inmates had had sex with each other
inside prison. This indicates high risk behaviour conducive for the
transmission of HIV among prison inmates.
Data available on the official website Delhi Prison (Internet, 2009)
reveal that the inmates, who tested positive for HIV at the Integrated
Counseling and Testing Centre (ICTC) during June 10, 2008 to June
30, 2009 was 1709. Out of this, 140 tested HIV positive which
included 93 injecting drug users (IDUs).   As would be readily seen,
the incidence of HIV is extremely high amongst injecting drug
users. Most of these injecting drug users, who have no awareness
about were unaware of their HIV status, would spread HIV to other

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injecting drug using partners or to their spouses after release from

prison. May it be noted that during this period inmate population
was between 12,000 and 13,000 including highly mobile population
of under-trials.
Institute for Social and Economic Change conducted a study on
NGO’s intervention in HIV/AIDS in Karnataka in 2007. Karnataka is
designated as one of the “High prevalence state” in the country as
far as HIV/AIDS is concerned. The study was conducted to analyse
the strategies adopted by NGO’s, in the process of intervention
with regard to prevention of HIV/AIDS among high-risk group.
The strategies adopted by NGOs in the intervention were-peer
group approach, capacity building of the project personnel,
condom promotion strategies, accessibilities of IEC material, STD
diagnosis and treatment counselling, outreach work strategies and
intervention at the community levels.It has been found that peer
group approach plays a key role in gathering the beneficiaries and
also building rapport among the beneficiaries (Narian, 2004 and
UNODC, 2007).
The Prison officials report that in view of UNODC report and
other situational analysis, Tihar Jail set up an Integrated Counseling
and Testing Centre (ICTC) in collaboration with DSACS within its
campus in the year 2008. The purpose behind ICTC is to provide
a targeted intervention for the detection of HIV status among such
inmates as injecting drug abusers, inmates suffering from sexually
transmitted infections (STIs) and inmates suffering from other
multiple infections. 
Directorate-General of Prisons, NCT of Delhi, reports that it does
not have any prison policy to deal with the issue of HIV and AIDS,
and it is merely following the guidelines of the NACO and DSACS.
At present, ICTC is disseminating information on the prevention of
HIV/AIDS along with pre-test and post-test counseling. The RMO of
the jail hospital reports that he has made a protocol for the inmates
who need to be tested. At the time of admission all the inmates are
checked up to know their general health in prison during mulayaza
and their drug history is taken. The new entrant who is Injecting
Drug User (IDU), suffering from T.B., STIs and other chronic diseases

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are recommended for pre-test counselling in ICTC. Those who are

found to be on injecting drugs in the preliminary examination are
kept in the Drug De-Addiction Centre, where they are given Oral
Substitution therapy (UNODC is running this facility). Drug addicts
are first lodged in a separate ward for about three weeks, and then
they are shifted to a general ward having other inmates.
The Jail Superintendent mentions that they have involved an
NGO, called AIDS Awareness Group (AAG), in the HIV and AIDS
Awareness Generation Programme. AAG workers visit the prison
twice a week. They reach out to prisoners through sensitization
programmes, distributing flyers, and organizing street plays and
group discussions. These sensitization programmes are meant for
inmates as well as prison officials. Every month, AAG workers visit
each ward and educate inmates. In the jail yard, the ICTC has put
a box in which inmates may drop their health queries, with or
without mentioning their name. Every three months, a meeting is
organized, attended by a large number of inmates, in which ICTC
workers respond to these inmate queries, sometimes involving brief
discussion. Occasionally, cultural programmes, including street
plays, are also organized which address health issues. Sometimes
jail inmates are encouraged to participate in street plays.
AAG is also monitoring health status of HIV-positive and AIDS
patients, testing for CD4 count and making appropriate referrals
to the hospital. Medicine schedule and diet are also monitored
by AAG workers to ensure that the HIV positive prisoners get the
required special diet according to the diet chart recommended by
the physician.
A vast majority of the inmates (86.6 percent) admit that AIDS
Awareness Program has changed their life style. This program has
considerably cleared their misconceptions regarding HIV and AIDS.
Only 9.9 percent of the inmates report that this programme has
not brought about any change in their perception. Similarly, 96.3
percent agree on the benefits of AIDS Awareness Program. They
report that, as a consequence, they are able to handle their fears
and apprehensions in a better manner. They also mention that they
are better prepared to protect themselves by following safe-sex

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practices, and to avoid unprotected sex. They further report that

they are in a position to pass on this knowledge to fellow inmates
and to others back home.
Due to the efforts of the ICTC and AAG, the number of inmates
coming forward for voluntary testing has increased over the years.
According to the ICTC counsellor, earlier on, barely 60 to 70 inmates
in a month would volunteer for testing; now this number has gone
up to around 110 to120. Furthermore, off and on, even jail officials
come forward for voluntary testing.
Challenges in Combating HIV and AIDS in Jail
As already mentioned, there are no specific policies in place in the
jail that address the problem of HIV and AIDS among the inmates.
Essential HIV/AIDS interventions, such as condom distribution,
condom vending machine and lubricant distribution, do not exist.
Guidelines on HIV testing for jail inmates are rarely followed. What
is more, no confidentiality is maintained with regard to the inmates
testing HIV positive.
There is no intervention for men having sex with men. Prison
administration does not accept that there exists homosexuality in
the jail and, hence, it has not evolved or adopted a policy on the
subject, perhaps to avoid any legal implications as homosexuality
is prohibited under Section 377 of the Indian Penal Code. On the
other hand, first-hand information gathered from inmates reveals
that the homosexuality does exist in jail, whether jail authorities
acknowledge it or not.
All jail officials state that they are following guidelines laid down
by Delhi State AIDS Control Society (DSACS) in addressing the
problem of HIV/AIDS. Ironically, no policy statement has been
adopted by DSACS and NACO on HIV/AIDS prevention in jails.
National AIDS Control Programme phase III (NACP- III), focus on
Intervention among high Risk Groups (Commercial Sex Workers,
IDUs and MSM) and Highly Vulnerable Population i.e. migrants,
truckers and young woman and men in the general community but
it doesn’t focus on prison population(Internet,2008).

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Further, there is observed a palpable information-gap among the

jail officials about the extent and magnitude of the epidemic.
Officials of the jail under study deny that there is any stigmatization
or discrimination of HIV infected persons inside the institution:
All inmates live together-they share food and barrack, and they
socialize.
Quite a few inmates, however, report that some inmates with HIV/
AIDS threaten their fellow inmates and even lower level jail staff
to give them infection by scratching them with infected blades or
needle. Doubtless, it is a new kind of violence which is finding a
place in the prison setting, and emerging as a new challenge for the
jail administration.
Assuredly, there is a high risk of transmission between prison and
non-prison population. The data indicate that approximately 50
percent of the inmates are migrants from other cities and villages,
a fact which presents yet another alarming scenario for in-bound
and out-bound spread of HIV transmission, as prisoners and the
prison communities are not cut off from the general population. A
large numbers of prisoners do leave prison, and return to the society
within their first year of imprisonment. Given this situation, there are
chances that the outgoing prisoners have contracted the infection in
the prison; the probability is large that it could get transmitted to
others. Further, despite all the awareness and counselling, majority
of the inmates do not come forward to get tested for the virus. During
medical attendance, the RMO comes to suspect and recommends
testing for HIV; however, on an average, every month, one or two
inmates refuse to undergo testing.
Jail inmates, who are HIV-positive, are put on anti-retroviral therapy
(ART). However, more often than not, prison environment weakens
the ART dose schedule which is critically important for the anti-
retroviral treatment to be effective. Court attendance on days of
hearing and transfers of inmates from one jail to another cause gaps
in the ART treatment.
Conclusion and Recommendations
Prisoners are entitled, without discrimination, to a standard of health

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care equivalent to that available in the outside community, including

preventive measures. This principle of equivalence is fundamental
to the promotion of human rights and best health practice within
prisons (UNAIDS, 2006).
HIV and AIDS in jails is an affliction which is a serious problem
not only for the inmates but also for the society. It denotes a crisis
situation in jails due to the fact that it has never been addressed
effectively. Policy-makers have not yet recognized the potential
danger of HIV and AIDS within the prison population. Prison policies
– including those affecting administration, staff, and prisoners – are
hardly conducive for the education, prevention or treatment of HIV
and AIDS. Furthermore, the nature of incarceration – particularly
the physical, political, social and economic isolation of prison
populations – increases the difficulty of addressing many complex
issues of HIV and AIDS.
The study brings out that the jail inmates have had (prior to their
entry into the jail) received information on HIV from media and
educational institutions. Nearly all the inmates had information
about the main routes of transmission of HIV infection. A vast
majority of inmates have favorable attitude towards AIDS awareness
programmes, which is being run inside the prison. However, quite
a few of them had myths and misconceptions. There is a presence
of `high risk’ behavior forms, that is, drug addiction, men having
sex with men, forced sex, unprotected sexual behaviour and prison
violence between jail inmates, which increase the chances of
transmission and spread of HIV infection.
HIV and AIDS treatment programme in the jail is a daunting task
due to inadequate resources and administrative support, which
becomes an impediment to the adherence to the treatment
programme. It has been indicated earlier that the jail puts more
emphasis on custody. Therefore, more attention needs to be paid
to expand the, resources for facilitating correction and improving
medical care.
The Tihar jail complex houses around 12,000 inmates (Internet,
2009) which is much beyond the sanctioned jail capacity. Reportedly,

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this has led to deterioration of physical conditions. Hence, there

is a pressing need to improve the conditions that negatively affect
prisoners’ health and also result into violent behaviour and sexual
aberrations.
At the same time, the jail staff needs sensitization through training
programmes, which would increase the ability of the staff to manage
and understand the issues related to health, hygiene and sexuality
among jail inmates.
HIV / AIDS is a public health issue that has been recognized as an
area of concern by the WHO and NACO. However there is no
policy regarding HIV and AIDS in the prison system as of now. The
prison administration has set up an ICTC and is also taking various
measures to create awareness among the inmates regarding HIV
and AIDS but there are no provisions for dealing with prevention,
testing, confidentiality and management of HIV and AIDS. A
number of studies, including the present study, have unraveled that
sexual activity and sexual violence are more or less common in jails
that greatly facilitate the transmission of HIV infection. Hence, there
is dire need for an effective policy to deal with the problem of HIV
and AIDS in jails.
This apart, Section 377 of the IPC needs to be re-assessed. This
law criminalizes sexual activity of a man having sex with other men
(MSM). As sexual activity and MSM is a reality of prison-life hence,
official acknowledgment of MSM by prison officials is the first
step in raising public awareness, and then implementing effective
programmes addressing the issue of sex and other behaviour
forms.
There is also a need to conduct an extensive, systematic and
methodological research studies on inmate behaviour and sero-
prevalence surveillance in the prison. The involvement of peer
group approach in disseminating of information regarding HIV/AIDS
will be more relevant and acceptable by the beneficiaries. There is
a pressing need for the promotion of the popularization of the risk-
reduction practices, including the free distribution of condoms and

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its regular use.

An effective framework for regular reviews and quality control
assessment, including independent monitoring of jail conditions,
including health services should be encouraged.
To effectively address the problem of HIV/AIDS in penal institutions,
we should promote collaboration between prison services, public
health systems, NACO and international, social work agencies and
civil society organizations (CSOs) as they all are the stakeholders
and, have a critical role to play in curbing the problem of HIV
and AIDS. We need to ascertain the ground realities, identify best
practices, encourage advocacy by social workers and activists and
open policy dialogue for the integration of preventive programmes
on HIV and AIDS in jails. These measures are likely to go a long
way in conceiving and initializing the programmes, to contain
the dreadful epidemic amongst jail inmates who are doubtless a
population group hard to reach
Refrences

Dube, Sidharth: 2000 : Sex Life and AIDS, New Delhi: Harper
Collins Publication.
Institute for Social and : Role of NGOs in the prevention of HIV/
Economic Change 2007 AIDS in Karnataka, Karnataka: A report of
Institute for social and Economic Change
Internet, 2008 : www.nacoonline.org/NACO
Internet, 2009: www.delhi.gov.in/wps/wcm/connect/Lib_
Centraljail/home
Internet, 2011 : www.indiankanoon.org/doc/18518
Kamugisha, M., 2008 : HIV / AIDS in prison: A case of Luzira
Upper Prison, Kampal, Uganda,Mexico
City: AIDS 2008- XVII International AIDS
Conference Proceeding, 3-4 August
2008.
Kakkar, Jyoti, 2005 : AIDS: Risk and Awareness, New Delhi:
Inter India publications
Madhya Pradesh Human: : Report of MPHRC on Condition of Prisons
in Madhya Pradesh,
Rights Commission, 1998 : Madhya Pradesh, pp 9-10.

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National Human Rights : NHRC Annual Report, 1995-1996.

Commission, 1997
Seifman, R. & Egamberdi, : HIV and prison in sub – Saharan Africa:
N, 2008 : Opportunities for Action,Mexico City: AIDS
2008- XVII International AIDS Conference
Proceeding, 3-4 August 2008.
Singh, Brijbhushan, 2008 : Misconceptions of HIV-AIDS, Delhi:
Swastik Publications,
Singh, S.P.and Mohanty, A : High prevalence of sexually transmitted
1999 and blood- borne infections amongst the
inmates of a district jail in northern India,
International Journal of STD and AIDS,
10(7), July.
Small, D., 2008 : Drugs, sex and prison: generating dialogues
that promote positive policydevelopment,
Mexico City: AIDS 2008- XVII International
AIDS Conference Proceeding, 3-4 August
2008.
Thomas,G. 1994 : AIDS in India, Jaipur: Rawat Publications.
UNAIDS, 2006 : HIV/AIDSPrevention, Care, Treatment and
Support in Prison Settings- A frame work
for an effective national response, UN
New York.
UNODC, 2007 : Module for prison intervention- South
Asia,Delhi: UNODC Regional Office for
South Asia.
2008 a : Prevention of spread of HIV amongst
Vulnerable groups in South Asia,Delhi
Regional Office for South Asia.
2008 b : Regional Report on Rapid situation and
responses assessment of Drugs And HIV
in Bangladesh, Bhutan, India, Nepal and
Sri Lanka, Delhi: Regional Office for South
Asia.
WHO, 2009 : AIDS Epidemic update, UNAIDS.

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Globalization and Security Concerns:

Paradoxes and Possibilities
Saket Bihari*

Key words
Globalization, External Security, Internal Security, Paradoxes,
Possibility, Perceived Security, Global Terrorism, Security Concern.

Abstract
The dawn of the 21st century has witnessed rise of the most serious
crisis in the form of global terrorism. Irrespective of their position, power,
influence and progress, all nations across the globe have experienced
the disastrous impact of terrorism. India has been a particular victim of
this form of warfare for at least the last four decades. In the backdrop
of the growing and altering non-conventional and conventional threat
perceptions and the metamorphosis of the world into a global village
coupled with easier access to technology, today terrorism is one of the
most challenging intemal security threats that India is dealing with.

Prelude

G lobalization is a complex and controversial concept. There

is little agreement in the literature on what it is, whether
it is or is not taking place, whether it is new or old, and if it is
good or bad. In its narrower conception, globalization signifies
a process of intensification of economic, political. and cultural
interconnectedness among the various actors in the global system.
Globalization is often used to describe a process by which the
people of the world are unified into a single society to function

Author Intro.:
* Assistant Professor, Indian Institute of Public Administration, New Delhi.

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together. It leads to growth of cross-cultural contacts; advent of new

categories of consciousness and identities which embodies cultural
diffusion, the desire to increase one's standard of living and enjoy
foreign products and ideas, adopt new technology and practices,
and participate in a 'world culture'. Globalization also denotes
increasing connectivity and interdependence of world market.
The major recent driving forces of globalization are:
telecommunication, infrastructure and the rise at internet.
Globalization is said to have increased opportunities and intensified
competition. It also exerts the sense of otherness which keeps the
basic nostalgic distance among its participants and attendants. The
nostalgia is culturally imbricated and every activity gets conditioned
on it. It affects every day life, and security too, is a part of it.
Globalization poses serious challenge before the perceived security
and some times real one, as well. It goes hand in hand with safety,
continuity and reliability.
The dawn of the 21 st century has witnessed the rise of a most
serious crisis in the form of global terrorism. Irrespective of their
position, power, influence and progress, all nations across the
globe have experienced the disastrous impact of terrorism. India
has been a particular victim of this form of warfare for at least the
last four decades. In the backdrop of the growing and altering
non-conventional and conventional threat perceptions and the
metamorphosis of the world into a global village coupled with easier
access to technology, today terrorism is one of the most challenging
intemal security threats that India is dealing with'1.
The successful testing of missiles in India is a step forward
achievement to qualify the continuity, safety and reliability as an
ingredient of security at the national frontiers. Domestic security
has much to do with smooth functioning of law enforcing agencies
where as national security is largely rooted in diplomatic policies
and able leadership. In nutshell, any systematic strategy to curb and
control the sense of loss and damage can well be defined as the

 Can also be seen on: httpi//www.ipcs.org/article/india/challenges-before-indias-

1

internaJ-security-countering-terrorism-3126.html

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concern for security. The Indian Government has attempted to deal

systematically with the security concern.
'Basically, there are three main causes for internal threats. These
are misgovernance, corruption and the social and economic divide.
These affect human resources in social, economic, technological,
environmental and ecological development fields. They lead
to disruptive conditions or internal threats like armed violence,
scarcity, ethnic dissonance, weak governance, and high levels of
internal turbulence act upon external threats. Internal problems may
endanger national security more critically than external aggression'2.
The internal security concern finds a dismal domain in India today ,
especially on the domestic fronts. 'Dowry death, wife beating, child
abuse, molestation of girls are domestic crimes which have become
an inextricable part of the fabric of violence that shrouds Indian
society'3.
In order to combat it, we require coping with the evolving trajectories
of innovative tools, techniques, knowledge and information. The
use of these techniques can be a possibility when the personnel
undergo through some vibrant skilled training programme.
Indigenous threats
Considering very systematically on globalization as a trend or
trajectory, Prof. Oommen4 distinguishes four kinds of others
evolving as the by-products of it, namely, equal other, the internal
other, the deviant other, and the outside unequal other. The equal
other faces the challenges of cultural and political differences. The
internal others are perceived as the stigmatized and inferiors. The
deviant other is the product of aberrant. The double blending of
inferiority and externality gives rise to outsider unequal others. The
sense of otherness gets configured for a fathomless gulf created
2
Kumar, S (011) India’s Internal Security: Issues and Challenges, Sunrise
Publications, New Delhi.
3 Mathur, KM (1996) Crime, Human Rights and National Security, Gyan
Publishing House, New Delhi.
4
Oomrnen, TK (2006) On the Historicity of Globalization ill a Book Edited
By Tiankui and Sasaki(2006) Social Change In The Age Of Globalization,
International Institute of Sociology. Bostan.

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implicitly during the course of interaction between global partners.

The interaction with its diffused orientation brings about many
changes and challenges in attitudes, activities and information. In
the academic parlance, the desire to cope up with global system
of education, the changes in the household life has also been
noticed. 'In fact, 35% youngsters complain that they have too many
things to do every day. 33% feel lonely because they do not have
enough friends to spend time with. 33% get irritated at the frequent
scolding from parents and teachers. 31 % fear major exam, while
26% complain about frequent tests at school. 29% get irked at
constant reminders from parents to study. 21 % get anxious over
school work and problem with teachers. Very interestingly, 82%
teens wish to talk about themselves, but 76% parents discuss only
career issues'5. These changes show the isolation is rampant in the
youngsters as the desire to cope with speedy economic changes get
parents engaged in.
The consequences of globalization in the realm of security concerns
are mostly imbricated like the entry of fresh air with mosquitoes. In the
hope of pleasure, we get accustomed to pains. We loose the sense of
erosion and depreciation in life and continue with the consumption
of unfiltered so called fresh air. The blurred boundary of cherish and
perish gets inextricably intermingled. That is to say all gainers are victims
of pains. It is more vivid when we systematically see the very notion
of indigenous cultural threats coming especially from tribal world.
It is because the precursor of globalization is structural adjustments
first, which are largely uneven and contingent on the availability
of infrastructure. The fathomless disparity created by infrastructure
provides opportunity to the people who are in centre of development.
This is the reason why the dependency idea of globalization divides
the world in core, semi-periphery and periphery where core exploits
periphery and semi- periphery. In the indigenous cultural realm, the
chaos and contradiction on the degree of development is always on
which needs to be looked into also. The inadequate infrastructural
facilities are inhibiting the momentum of growth in the tribal areas.

5
Damyanti Dutta (2008) Teen Suicide, in India Today, Vol. XXXIII, No.17. April-22-
28, Living Media India Limited, New Delhi. Page No. 40-50

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In fact, the cultural indicators need to be taken proper care of while

formulating a policy of development for the tribal world, curbing
and controlling the insecurity syndrome. The insecurity concern in
India will best be addressed by the developmental model where the
employment of every unemployed youth is ensured. The schemes
of development are there with the Govt. but its real implementation
is necessary. The CAG's report, which now vouches for social audit,
needs to be done well in time so that the concentration of resources
in the monopolistic form could be negated.
Exogenous Threats
As a matter of fact, the problem of insurgency, or any tribal unrest has
tacitly been answered by other countries in a soothing manner by
providing measures to question the governance, and run a parallel
system which is very important issue to be considered. We believe
it requires a good education system as a repellent to teachers of
hostility.
Globalization with its multiple traits and properties connotes:
information technologies, along with a variety of other technologies,
are developing alarmingly and getting spread widely. There is
expansion in the trade at the global level depending upon the
specialization of the countries in terms of forces of production
ranging from labour to capital. Interdependencies are growing in all
aspects powered by media. 'Electronic media mark and reconstitute
a much wider field, in which print mediation and others forms of
oral, visual, and auditory mediation might continue to be important.
Through such effects as the telescoping news into the audio visual
bytes, through the tension between the public spaces of cinema
and the more exclusive spaces of video watching through the
immediacy of their absorption into public discourse and through
their tendency to be associated with glamour, cosmopolitanism,
and the new electronic media (whether associated with the news,
politics. family life, or spectacular entertainment) tend to interrogate
subvert, transform other contextual literacies'.6

"Appadurai. Arjun (1996) Modernity at Large: Cultural Dimensions of Globalization,

University of Minnesota Press, London,

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But the exchanges in terms of idea of innovation may create

possibilities as well. These developments create real opportunities
to achieve economic prosperity, spread political freedom. and
promote peace. Yet they are also producing powerful forces of social
fragmentation, creating critical vulnerabilities, and sowing the seeds
of violence and conflict. Economic crises extend across state borders
and are producing global hardships. These are important and having
security implications. Indeed, multiplicities of threats have become
global in scope and more serious in their effects as a result of the
spread of knowledge, the dispersion of advanced technologies, and
the movements of people. These same developments, combined
with expanding global economic interactions, contribute to some
of the problems and resentments that lie at the root of security
threats.
Different aspects of globalization now combine to increase
the dangers of a variety of transnational threats from weapons
proliferation, cyber attacks, ethnic violence, global crime, drug
trafficking, environmental degradation and the spread of infectious
diseases.
The potentially destructive capabilities of weapons of mass
destruction (WMD) in the hands of enemy states and terrorists
clearly suggest the need for a preventive strategy.
Squaring Off
The global spread of ideas and technologies is unquestionably
making it easier for states, and even disaffected groups, to develop
the most-dangerous weapons. So it is fair to question whether
a strategy can be designed that can offer any real prospect of
preventing weapon proliferation. The need of the hour is to have
a serious analytic effort to discover how and with what confidence
access to the critical knowledge, materials, and technologies can be
denied to those bent on acquiring weapons of mass destruction.
The possibilities would be to focus on the non-proliferation tools:
domestic and international security mechanisms for storage and
transfers, multilateral export controls, arms control verification

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and enforcement measures, intelligence surveillance and tracking

operations, and military and other forms of interdiction. Each
of these would need to be evaluated, individually and then in
combination, in light of technological developments.
Information technologies and systems are central features of
globalization and have become increasingly important to the
functioning of many critical civilian systems, communications, energy,
transportation, electrical, water, and banking. The problem is that
these now are potentially vulnerable to the threat of cyber attacks
and disruption. The dangers arising from environmental degradation
crosses state borders. The most publicized danger involves the rising
global temperatures that are resulting into devastating droughts,
floods, and violent storms. Other environmental dangers include
air and water pollution, the loss of forests and biodiversity, and
the potential introduction of toxic substances into the human food
chain.
The threat of infectious diseases will spread globally and quickly,
as a result of increasingly drug-resistant microbes, the lag in
development of new antibiotics, poor patterns of land and water
use, shifts in climate, the rise of mega-cities with severe health care
deficiencies, the ease of movement of peoples across borders, and
the growing number of refugees.
'The Annual Report of Ministry of Home Affairs, 2009-2010,
has identified a number of new measures undertaken by the
government to strengthen the country to meet the grave challenges
of security concern. These include operationalization of the National
Investigation Agency (NIA), establishment of four National Security
Guards (NSG) hubs to ensure quick and effective response to any
possible terror attack, augmentation of the strength of Intelligence
Bureau (IB), strengthening of the Multi-Agency Centre in the IB
to enable it to function on a 24X7 basis and strengthening coastal
security'7. The idea of working on the issue of security always brings
sense of confidence among the people.

7
Can also be read on: http.//www.ipcs.org/artjcle/india/challenges-before-indias-
intemal-security-countering-terrorism-3126,html

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The security concerns are very important to us and it should be

addressed in the cultural matrix of the country first. If the security
considerably succeeds on the domestic level, the democracy of our
country will be secured, and the chance to be victorious would be
very higher for any activity to be carried out by any citizen.

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Implementing a computer based

Inventory Management System (IMS)
in Sashastra Seema Bal
Anil Agrawal, IPS*

key words
Inventory Management System, Manual Record Keeping, SSB, CAPF,
FHQ. User Manual, Inventory System, Constabulary, CTS.

Abstract
Managing inventory is a complex process, especially in a vast and
country-wide Central Armed Police Force. One of the most important
administrative tasks of any armed police unit is to run an efficient
inventory system---which has three vital components viz, indenting,
receiving and issuing of uniform items to personnel of different ranks
at the Battalion level. In Sashastra Seema Bal (SSB), the book keeping
relating to the entire processes of management of uniform items was
being done manually. In the manual process, very frequently there
are discrepancies during reconciliation of stocks, which are difficult to
balance. Similarly, the process of projecting requirements of different
items is not based on scientific calculations.

Introduction

M anual record keeping implies poor maintenance of information,

non-availability of timely and accurate information, many
times leading to delayed decisions, indecisions and may be wrong
decisions at times. Duplication of work and disjointed efforts also
imply loose control, resulting in wastages and losses. We all knew

Author Intro.:
* Inspector General, Lucknow Frontier, Sashastra Seema Bal, Lucknow
(UP) -2261710

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that a computer based Inventory Management System could address

the above shortcomings. It has been our dream to have a software
developed for the purpose. The focus was the Constabulary and the
uniform items issued to them. It is with this vision, that we started
working on the Inventory Management System to deal primarily
with CTS (Clothing, Tentage and Stitching) items. To start with, the
goal was very modest--the system must be able to show correct
stock position of any CTS item in a Unit and forecast requirement
of any item, for a given period.
In its final shape, the IMS achieves these objectives and in fact does
much more. It caters to all the requirements of management of
different types of Inventory at Battalion, Sector, Frontier or Force
Headquarters (FHQ) levels. At each level, the inventory relating to
the Unit's own inventory can be managed in addition to compilation
of records from the Subordinate Units.
Design
The design of the software has been kept to be generic in nature.
It was decided that it should cater to all kinds of items, rather than
just CTS items. Further, it would not only track items issued to
individual officials, but also to all 'entities' as well. (An entity is an
office or a branch or a section, which is issued various items like
furniture, stationery etc.) Finally, the system should work not just
at the Battalion level, but also at Sector, Frontier and FHQ levels as
well. It should also be able to consolidate data from all Subordinate
Units of an office.
The IMS works structurally around a core of 'Master Files', which
defines a number of attributes. Once defined centrally, the same files
are used at every location. This leads to uniformity, standardization,
ease of comparison and also of compilation and consolidation of
data. These master files define, for example, the organizational
structure, ranks, branches, items, groups of items, etc.
The organizational processes are supported by the master files.
Various processes relating to supply orders) receipts, issue, diversion
and disposal of items are supported. Specifically, the processes
relating to issuing supply orders to suppliers, receipt of items by

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Units, issue to Sub-Units, issue to individuals, issue to entities, issue

to tradesmen, diversion of items from one Unit to another, receipts
from tradesmen, receipt of partially worn-out items, receipt of
unserviceable items from individuals, condemnation of items and
disposal of items, among others, are supported.
Architecture
The architecture of the Inventory Management System Software is
as under:
The application is installed at a central server and each unit
separately. It is used at the central and the unit levels independently,
in an offline mode. The software is made using Visual FoxPro on
Windows XP operating system. It also uses Crystal Reports.
Common master files are populated by the central IMS Nodal Team.
Whenever they are updated, they are sent to each Unit for updation
over secure email. Periodically, all the Unit specific master files and
transaction files are sent to central location over email, where the
IMS Nodal Team synchronizes the data from units.
Features
A wide range of features are available.
• An intuitive User Interface which includes context specific
information and data validation checks.
• Structured reports which are interactive and informative and
cover an entire range of processes from supply orders to
condemnation. Exportable in many popular formats for use
elsewhere.
• Preparation of Annual Indent for any provisioning cycle as per
MHA' s proforma at Bn., Sector or Frontier levels.
• Generation of Kit Card of an individual, a Quarter Master's
delight. Display of a whole set of features and facility to print
every kind of information relating to all issued items.
• A report giving a list of all items that an individual has not
been issued, out of the authorized scale over any given period
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of time.
• Issuance of supply orders and receiving supplies compatible
with DGS&D purchases.
• A number of processes which assist management of
Unserviceable, Partially Worn-out Stock (PWS) and
Condemned items. A separate PWS Stock Register exclusively
to monitor above stores, in place.
• Quick and easy generation of condemnation Board
Proceedings, which hitherto remained cumbersome and
time-consuming.
Reports
The reports of the IMS are quite comprehensive. More than 50
different types of reports can be generated. The reports relate to
supply orders, supply receipts, issue to individuals and entities,
diversions to or from another Unit, stock ledgers, forecasting
requirements, return of unserviceable, partly worn-out and
condemnable items and their disposal. Monthly Progress Reports
and Annual Indents, which are required to be sent periodically, are
also generated.
A by-product of IMS reports has been a unique report on nominal
roll. A very flexible interface allows the user to specify any complex
criteria to get a list of officials with varying parameters. This report
has found particular favour with all the battalion officers, as it fulfils
their requirements relating not only to inventory management, but
in other critical tasks relating to administration of the battalion e.g.
generating a list of individuals with a particular blood group, age
group, domicile, etc.
User Manual
A comprehensive User Manual has been prepared detailing all
aspects of the IMS software. It describes all the processes that are
supported by the IMS. All processes are explained with the help
of accompanying figures and descriptive text, A number of sample
reports have also been included. A section on 'Frequently Asked

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Questions' has also been included

based on practical and oft-repeated
questions that trainers had come
across during the launching of
different versions of IMS at various
SSB Units. The User Manual is
intended to assist the process of
assimilation of this new way of
working at the Battalion level and
higher levels. Hard copies of the
Manual have been printed and
sufficient number of copies issued to
each Unit. Now an easily navigable
electronic version of the Manual has
also been prepared which forms part
of the software.
Timline
We started conceptualizing this project in mid-2007. The work
was assigned to a small software company based in Lucknow in
November 2007, on a trial basis. Next three months were devoted
to understanding the existing system in detail and spelling out
requirements. The first trial version was received in April, 2008. We
conducted a 2-day workshop of all Quarter Masters and Battalion
Assistants in May, 2008, for training and starting the data entry
process. All battalions were asked to complete data entry by June
30, 2008. Although working on a software project for the first time,
the Units showed commendable spirit in completing the task.
The feedback received from Units was extremely encouraging and
valuable. Software requirements were enhanced manifold and we
revised the software design. Second version was received in August,
2008. Another workshop was held in August, 2008 on the new
version. As its benefits started showing results, the Units demanded
more features. Software requirements were again enhanced in
November, 2008. The Third version was released in February, 2009.
The Fourth version carried significant improvements in the overall
process of data entry in Units and its consolidation at higher levels,

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along with improvements in user interface and interactivity of many

reports. This was released in May, 2010.
The Fifth Version, released in February, 2012 carries significant
enhancements to make the IMS a complete system for managing
inventory: right from a Battalion up to the Force Headquarters.
These enhancements lead to an accurate and timely forecasting
of demand, monitoring of the purchase process, scientific and fair
distribution of supplied stores and systematic disposal by diverse
means.
Implementation
Implementing a software package in a government organization is
challenging and we have had our share of challenges. The initial
inertia and then the resistance to change have been overcome and
they have given way to newer expectations. It is the increasing
expectations that are a source of immense gratification.
We started implementing this software in 12 battalions of Lucknow
and Ranikhet Frontiers of SSB in May, 2008. Patna Frontier
implemented the system in their 15 battalions in June, 2010. In
May, 2011, it was decided to implement' this system in all 57
battalions and training centres of SSB. Following this directive,
intensive trainings for all Units of Force Headquarters, Training
Centres, Guwahati and Siliguri Frontiers were conducted in many
separate sessions during July-August, 2011.
The total number of records entered in IMS, as on March 15,2012
was estimated to be in excess of 32 lakhs.
Conclusion
The IMS has been implemented in SSB in all its Units, Sectors,
Frontiers and Force Headquarters. It caters to most tasks relating to
indenting, receiving and issuing of uniform items to the large number
of personnel in SSB in all battalions. The consolidation of data at
Sector, Frontier and FHQ levels is also being done comfortably.
In an ultimate analysis, all record keeping relating to purchases,
distribution and disposal of various items in all Quarter Master

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Stores - is done by Constables. As the system has been implemented

in diverse Units, we have seen them adopt the IMS and learn its
nuances. We are truly amazed at the capabilities of our Constabulary.
Many of them have displayed exceptional understanding, creativity
and initiative to suggest enhancements, which we have found
extremely useful. Many of these suggestions have been incorporated
into the new version. It gives us a true sense of delight to see their
drudgery of record keeping and forecasting reduce significantly by
this automated system.
The present IMS application is a desktop application. We now
have a vibrant Wide Area Network (WAN) implemented up to the
Battalion level in SSB. Implementation of IMS over the SSB- WAN is
the next logical step. We have already started working on the WAN
version of the IMS.

Screenshots and Sample Reports

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“Forensic Examination of Indian

Passport”
SWAPNIL GUPTA* KOPAL GUPTA** &
DEEPAK R. HANDA***

Key words
lP, GIP, FIP, VIZ, MRZ, VSC-5000.

Abstract
Indian Passport Fraud is a significant and continuously worrisome
fraud challenge. In an age of global combat against terrorism, the
recognition and identification of people on document images is of
increasing significance. Fake Indian Passport (FIP) can be used for
escape into exile, identity theft, age deception, illegal immigration and
organized crime. This paper describes the Security Features of current
Indian Passport (IP) and detailed structure of Visual Inspection Zone
(VIZ) & Machine Readable Zone (MRZJ. This research also specifies
the Technical Specification as well as recommendation for Indian
Passport. Therefore, one can easily distinguish the Genuine Indian
Passport (GIP) by utilizing the effectiveness of this paper.

Introduction

N o person shall depart from, or attempt to depart from,

India unless he holds in his behalf a valid passport or travel
document."Passport" includes a passport which having been issued

Author Intro.:
* Laboratory Assistant (Doe), CFSL (CBI), New Delhi swapniI4inspire@gmail.
com
** Scientific Assistant (Doc), FSL, Delhi [[email protected]]
*** Senior Scientific Officer I (Doc), CFSL (CBI), New Delhi [hoddoccfslcbi@
gmail.com]

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by or under the authority of the

Government of a foreign country
satisfies the conditions prescribed
under the Passport (Entry into
India) Act, 1920 in respect of
the 34 of 1920 class of passports
to which it belongs. "Travel
document" includes a travel
document which having been
issued by or under the authority
of the Government of a foreign
country satisfies the conditions
prescribed. (The Passports Act,
Fig 1: Indian Passport 1967.)
Classes of Passports
The following classes of passports may be issued under the Passport
Act, 1967, namely:
1. Ordinary/Regular/Tourist Passport (Deep Blue/Black cover) -
Issued for ordinary travel, such as vacations and business trips
(36 or 60 pages).
2. Official/Service/Special Passport (White cover) - Issued to
individuals representing the Indian government on official
business.
3. Diplomatic Passport (Maroon cover) - Issued to Indian

Fig 2: Classes of Indian Passport

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diplomats, top ranking government officials and diplomatic

couriers.
Offences and Penalties
According to the Passport Act, 1967, whoever (a) contravenes
the provisions of section 3; or (b) knowingly furnishes any false
information or suppresses any material information; or (c) fails
to produce for inspection his passport or travel document; or (d)
knowingly uses a passport or travel document issued to another
person; or ( e) knowingly allows another person to use a passport
or travel document issued to him, shall be punishable with
imprisonment for a term which may extend to 2 years or with fine
which may extend to Rs. 5,000 or with both.
Indian passports are issued to citizens of India for the purpose of
international travel. They act as proof of Indian nationality. The
Consular, Passport & Visa (CPV) Division of the Ministry of External
Affairs, functioning as the central passport organisation, is responsible
for issuance of Indian passports to all eligible Indian citizens. Passports
are issued from 37 Regional Passport Offices (RPOs)/Passport Offices
(POS) across the country and 162 Indian missions abroad. Besides
the 37 RPOs/P.Os there are also 15 Passport Application Collection
Centres (PAC), mostly located in remote areas. In addition, there
are 495 District Passport Cells and 1154 Speed post centres which
serve as application collection centres (MEA, India).
The India Security Press (ISP) is a unit of Security Printing and
Minting Corporation of India Ltd. (SPMCIL) which is a wholly
owned company of the Government of India. SPMCIL was formed
after corporatisation of nine units, including four mints (Mumbai,
Kolkata, Hyderabad & Noida), four presses (Nashik, Dewas, Salboni
& Mysore) and one paper mill (Hoshangabad) which were earlier
functioning under the Ministry of Finance. India Security Press
(Nashik) prints passports, visa stickers and other travel documents
for Ministry of External Affairs (SPMCIL).
As international travel has increased, passports has become a more
frequent questioned documents submitted for examination. Passport
examination is both a general questioned documents problem and

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a technical field in its own right. The purpose of this paper is to

better acquaint the document examiner with the various types of
problems common in passports and the types of examinations that
generally offer the best results. The research focuses the various
Security Features of current Indian Passport, detailed structure of
Visual Inspection & Machine Readable Zone of Passport, technical
specification and recommendation to Indian Passport. This research
is carried out by using various scientific instruments i.e. Video
Spectral Comparator(VSC)-5000, Twin Video Comparator, Stereo
Zoom Microscope, Ultraviolet Lamp, Magnifying Glasses etc.
Security Features of Indian Passport
There are a number of Security Features which are currently present
in the Indian Passports. Both GIP (Genuine Indian Passport) and FIP
(Fake Indian Passport) can be distinguished with each other on the
basis of Security Features. In the current research work all the Security
Features present in the passport is discussed below. All these Security
Features can be viewed under different light source in UV Light [365
nm (long-wave UV), 312 nm (medium wave UV) and 254 nm (short-
wave UV)], VisiblelNormallFlood Light, Infrared/Spot Light as well as
in Transmitted Light & Oblique/Side Light.

Fig 3: Passport Cover

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1. Passport Cover: There are three types of Passport Cover

depending upon the colours/classes of Passport. The front part
of the cover shows Golden Embossing over the text portion
[Passport & Republic of India- In both Hindi as well as English]
& image [Ashoka Pillar] portion. The back part of the cover
contains Punched Passport Number. When this Passport Cover
is viewed under the UV light it shows 2 Ashoka Chakra in both
Front & Back of the Cover.
2. Passport Papers/Pages: The
high quality paper is used
in Indian Passports which
is of 100 GSM [grams per
square meter]. The number
of pages in the passport
depends upon the Passport
booklet type. All the pages
of the Passport show fine
trimming & Finishing as per
the prescribed standards.
Alignment of pages &
passport cover/smoothening
of folds/creases is also done
as per the standards. Fig 4: Passport Papers/Pages

3. Stitching Binding Thread: Stitching Thread [stitched in the]

spine is used fer holding together the pages of a booklet of
passport. Stitching is performed by using Reverse Stitching
Machine that is known as Saddle Stitching. The Thread shows
multicoloured fluorescence with Green, Yellow & Red colour
when exposed to UV light.
4. Gothic/Punched Number: The Passport number is perforated
through the half back part of the passport with a laser. This
numbering is called as Gothic Numbering, which is present
in the half back part of the passport i.e. page 19 to 35 & back
passport cover in case of 36 type booklet. Typical distinguishing
marks are produced which includes traces of burning round
the edges of the holes, no raised edges round the holes in the

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Fig 5: Stitching Binding Thread

paper on the back of the perforations and conical decrease in

size of the perforated holes in the book block when viewed
from front to back. Hence this feature is created to avoid
tampering in the Passport.
5. Biographical/Biodata Page: The page just attached below to
the passport cover of the passport is known as Biographical
Page. Biographical Page is composed of several layers of
Poiycarbonate (PC), which is fused at hign temperature.

Fig 6: Gothic/Punched Number

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PC is a thermoplastic polymer with excellent toughness

characteristics. Background printing itself printed by the
coloured offset printing i.e. pre-printed text in Passports.
Personalization is the process whereby the passport holder's
image, signature and biographical data are incorporated into
a Passport. The holder's biographical data (Biodata) appear
both in the VIZ (Visual Inspection Zone) and in the MRZ
(Machine Readable Zone) of a passport (on the Biodata
page). Photograph of holder, a signature and biodata text is
incorporated directly by the process of Integration during
personalization. The photo is transferred to the Biodata
page by digital means which is called as Integrated Digital
Photograph, and it is printed by Thermal Wax Printing.
When Biographical Page is seen under the Ultra Violet Light,
it shows "GOVERNMENT OF INDIA" {Reddish in colour}
repeatedly [in 2 lines] and- "BHARAT SARKAR IN HINDI"
{Greenish in colour} repeatedly [in multiple lines]. It has to

Fig 7: Biographical/Biodata Page

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Fig 8: Biographical/Biodata Page under UV Light

be noticed that there should be only three lines "BHARA T

SARKAR IN HINDI" between the both lines of "GOVERNMENT
OF INDIA". Both types of lines are printed in Laminated Sheet,
which is invisible in normal light.
6. HAUV/Laminated Film: Lamination is present in the inner
side of the Passport Cover or over to Biographical Page. A
Laminated sheet is a type of plastic sheet with invisible security
features that is affixed to the Biodata page in order to protect
data entries against falsification. Lamination is done by using
HAUV [Heat Applied Ultra Violet] Film by fusing it at 60 to
180 degree Celsius temperature. This sheet protects against
wear and tampering. Therefore, Biodata is safeguarded with
transparent laminate in order to prevent manipulation.
7. Dicuts: Dicuts are the type of horizontal & oblique lines
which are present in Front & Back Page of Biographical page.
Additionally 2 Special Dicuts are formed in front Biographical
Page in shape of Ashoka Pillar Form.

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Fig 9: HAUV/Laminated Film

8. Micro Printing: Lines or motifs made up of very small letters

or numbers that are barely perceptible to the eye is called
as Microprinting. Microprint contains printed text smaller
than 0.25 mm-0.7 pica points which require the use of low

Fig Fig 10: Dicuts

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magnification, e.g. a magnifier or a loupe. That is why forged

passports will often show unreadable microprint.
Microprinting is present as “GOVERNMENT OF INDIA” &
“BHARA T SARKAR IN HINDI” subsequently in Biographical
Page. All the printed lines (horizontal & vertical) on the VISA
Pages of the Passport are also printed as “VISA PAGE (Respective
Page No.)” & VISA PRASTHA (Respective Page No.)” IN HINDI”
in each remaining pages (Visa Page) of the Passport.
9. Guilloches/Fine Line Pattern: Fine (intricate) designs consisting
of interlaced continuous lines arranged in geometric patterns is
known as Guilloches. Guilloches are printed on background with
the aim of raising the barrier for re-origination and reproduction.
Indian Passports contain guilloches pattern which is visible under
UV light & fluoresce with various colours in different wavelength
i.e. Visa Page shows Pinkish colour of Guilloches Pattern under

Fig 11: Microprinting on Biographical Page

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Fig 12: Microprinting on Visa Page

312nm UV.
10. Fugitive/Sensitizing Ink: Fugitive Ink is a type of soluble ink
that dissolves in certain solvents or water which causes specific

Fig 13: GuillocheslFine Line Pattern

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parts of the security printing to disappear or bleach when exposed

to solvent means. The phenomenon of this bleaching effect is
called as Fugitation/Sensitization. The base printing of the passport
is done by Fugitive Ink. The text (except Biographical Page), Page
No., Lines & all the security printing, etc shows fluorescence of
greenisn colour.
11. Fibres: Coloured fibres in light blue colour are mixed into the
paper pulp during the paper manufacturing process, so that
they are embedded in the paper in random places at varying
depths. The light blue colour makes them stand out clearly
against the paper; they can easily be seen with the naked eye.
These fibres show fluorescence under UV light as bright green

Fig 14: Fugitive/Sensitizing Ink

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colour hence called as Optical (Fluorescent) Fibres.

12. Watermark: Watermark is incorporated into the paper during
manufacture by displacement of the paper fibres, leading
to a varying thickness of the paper. The watermark can be
observed using transmitted light. Where the paper is thinner,
more light passes from it & forms a clearer image and where
the paper is thicker, less light passes from it & forms a darker

Fig 15: Fibres

image. The watermark should not appear under UV light.

Indian Passport contains Single tone watermark that is of dark
shade. Indian Passport contains two and half Ashoka Pillar as
Head to Head or Tail to Tail condition in each page except
biographical page.
13. Flourscent Ink: Fluorescent Ink is used to print background
text or motifs. This type of ink is visible under normal light and
fluoresces under UV light. Fluorescence is a short-lived light
emission which ceases within 10-8 seconds. Ultraviolet light
is not visible itself, only its effect, i.e. the visible fluorescence
stimulated by UV light can be seen in fluorescent ink. Indian

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Fig 16: Watermark

Passports shows greenish fluorescence of all printed text.

Visual Inspection & Machine Readable Zones of Indian
Passport
The specifications of Machine Readable Travel Documents (MRTD)
are set out in document 9303 of the International Civil Aviation
Organisation (ICAO). According to these standards, the Biodata
page of a MRTD is divided into two different zones:

Fig 17: Fluorescent Ink

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1. Visual Inspection Zone (VIZ) containing the document

designation, the holder’s facial image, personal data and data
concerning issue and validity;
2. Machine Readable Zone (MRZ) containing some of the
information from the Visual Inspection Zone in the form of a
sequence of alphanumeric characters and the symbol “<”,
forming two lines. This sequence of characters can be read by
document readers in order to facilitate inspections of travel
documents (OCR - Optical Character Recognition - fonts). The
MRZ represents the globally-harmonized format for encoding
the individual data of the traveller. It is quickly and correctly
readable with the OCR-B readers used by border authorities.
Indian Passport is based on ID3 format. ID3 Format (25 x 88
mm) contain two lines with 44 characters each, situated at the
bottom of the Biodata page.

Fig 18: VIZ & MRZ in Indian Passport

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Structure of VIZ (Visual Inspection Zone)

Front Biographical Page It consists of Photo, Signature and MRZ as
well as VIZ as follows;
1. Type- P
2. Country Code- IND (pre-printed)
3. Passport No.- S1234567
4. Surname- GUPTA
5. Given Name(s)- SWAPNIL
6. Nationality- INDIAN (pre-printed)
7. Sex- M
8. Date of Birth- 13/01/1986
9. Place of Birth- BANDA
10. Place of Issue- LUCKNOW
11. Date of Issue- 08/02/2011
12. Date of Expiry- 08/02/2021
Back Biographical Page- It consists of VIZ as follows;
13. Name of Fatherl Legal Guardian- PREM NARAYAN GUPTA
14. Name of Mother- SHASHI GUPTA
15. Name of Spouse- KOPAL GUPTA
16. Address- H NO 580 Al8 BESIDE RTO OFFICE
STADIUM ROAD CIVIL LINES
BANDA - 210001 UP
17. Old Passport No. with Date and Place of Issue- (if issued before)
18. File No.- ABCD87654321

Structure of MRZ (Machine Readable Zone)

The MRZ provides the verification of the information in the VIZ
and may be used to provide search characters for a database enquiry.
As well, it may be used to capture data for registration of arrival and
departure or simply to point to an existing record in a database. MRZ are
printed in OCR-B type font, size 1, constant stroke width characters, at
a fixed width spacing of2.54 mm (0.1 in) as specified in ISO 1073-2.
The Surname is known to be as Primary Identifier while the remaining
part of the name that is Given Name(s) is the Secondary Identifier.
Primary Identifier is followed by 2 filler character” «<) while “e.-

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-:oncl~l’y Identifier shall be written immediately after 2 flller

characters. If the primary or secondary identifier have more than one
name component, each component shall be separated by a single filler
character «). Filler characters «) should be inserted immediately after
the final identifier through to the last character position in the machine
readable line. Dates are entered in accordance with ISO 8601 e.g.
YYMMDD. A fixed-dimensional reading area that is Effective Reading
Zone (ERZ) of 17 mm x 118 mm.
P < I N D G U P T A < < S W A P N I L < < < < <
< < < < < < < < < < < < < < < < < < < <
S 1 2 3 4 5 6 7 < 2 I N D 8 6 0 1 1 3 7 M 2 1 0 2
0 8 9 < < < < < < < < < < < < < < < 6

Fig 19. Format for MRZ in Indian Passport

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Calculation of Check Digit in MRZ- A special check digit calculation

has been adopted for use in MRTDs. The check digits shall be
calculated ‘on the modulus 10 with a continuously repetitive
weighting of 731731 ... , as follows.
4 Steps of Calculation-
Step 1- Going left to right, multiply each digit of the pertinent
numerical data by weighting figure appearing in the
corresponding sequential position.
Step 2- Add the products of each multiplication.
Step 3- Divide the sum by 10 (the modulus).
Step 4- The remainder shall be the check digit.
Note- 1. For data elements in which the number does not occupy
all the available character positions, the symbol < shall be
used to complete vacant positions and shall be given the
alue of zero for the purpose of calculating the check digit.
2. When the check digit calculation is applied to data
elements containing alphabetic characters, the characters
A to Z shall have the values 10 to 35 consecutively, as
follows;
AB CDE FGH I JK Ll\1NO PQ RS TUVWXYZ
1011 12 13 1415 1617181920212223242526272829303
1 32333435
3. Check digit is applied to Document Number Field
or Fixed Length Field (Passport No.), Date Field (Date
of Birth & Date of Expiry) and Composite Check Digit
Field (Final One Digit).

I. Calculation of check digit of Passport No.

Sample data S 1 2 3 4 5 6 7 <
element:
Assigned numeric 28 1 2 3 4 5 6 7 0
value:
Weighting: 7 3 1 7 3 1 7 3 1
I. Multiplication 196 3 2 21 12 5 42 21 0

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2. Sum of Products 196 3 + 2 + 21 12 5 + 42 21+ 0

+ + + +
=
302
3. Division of 302/10 = 30, remainder 2
Modulus
4. Remainder is check digit i.e. 2, the passport number and
its check digit shall consequently be written as
S1234567<2.

II. Calculation of check digit of Date of Birth & Date of Expiry

Date 8 6 0 1 1 3
Weighting 7 3 1 7 3 1
1. Multiplication 56 18 0 7 3 3
2. Sum of Products 56 + 18 + 0 + 7 + 3 + 3 =87
3. Divison of 87/10=8, remainder 7
Modulus
4. Remainder Remiander is check digit i.e. 7, the date and its
check digit shall consequently be written as
8 6 0 1 1 3 7.

III Calculation of check digit of Composite/ Final Check Digit-

The calculation of Composite check digit is performed by combining
character of 1 to 10 (Passport No.), 14 to 20 (Date of Birth) & 22 to
43 (Date of Expiry & others) lower line of MRZ data. Position 11 to
13 & 21 are excluded in calculation.
Lower MRZ (character positions 1-44): 436
S 1234567 <2IND 8601137 M 2102089
<<<<<<<<<<<<<<<6
Hence 436/10=43, remainder 6
Remainder is check digit i.e. 6.

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TECHNICAL SPECIFICATION TO INDIAN PASSPORT

Technical Specifications are unique for the manufacturing of
Passports. The followings are the current specification of Indian
Passports:
Nominal Dimensions: The nominal dimensions are guided by ISO/
lEe 7810 (except thickness) for Passports i.e. 74 mm x 105 mm
(2.91 in x 4.13 in). A margin of 2 mm (0.08 in) must be left clear
of data. The thickness including lamination is 0.25 mm (0.01 in) in
Min Range to 1.25 mm (0.05 in) Max Range.
General Layout- The located as follows;
Front Page
Zone I Mandatory Header
Zone II Mandatory & Optional Personal Data Elements
Zone III Mandatory & Optional Document Data Dlements
Zone IV Mandatory Holder’s Signature
Zone V Mandatory Holder’s Portrait
Zone VI Mandatory MRZ
Back Page :
Zone VII Mandatory Other Data Elements

Fig. 20: Technical Specification in of Front Biodata Page

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Fig. 21: Technical Specification in of Back Biodata Page

Detailed Layout- All the data of VIZ is clearly legible. Data Element
in the VIZ are specified as follows;
VIZ- Data Element Directory (Indian Passports)
Field/Zone No. Data Elements No. of Characters
01/I Type One
02/I Country Code Three
03/I Passport No. Eight
04/II Surname Variable
05/II Given Name (s) Variable
06/II Nationality Six
07/II Sex One
08/II Date of Birth DD/MM/YYYY
09/II Place of Birth Variable
10/III Palce of Issue Variable
11/III Date of Issue DD/MM/YYYY
12/III Date of Expiry DD/MM/YYYY
13/IV Holder’s Signature ----
14/V Holder’s Portrait ----
15/VI MRZ Total 88 Characters
16/VII Name of Father/Legal Variable
Guardian
17/VII Name of Mother Variable

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18/VII Name of Spouse Variable

19/VII Address Variable
20/VII Old Passport Details Variable
21/VII File No. Twelve

Data Structure Of Mrz (Upper Line)

MRZ Ch. Position Field No. in VIZ Data Elements No. of Ch.
1 to 2 01 Passport Type 2
3 to 5 01 Issuing Country 3
Code
6 to 44 04 & 05 Name 39
(Pri., Sec
Indentifier &
Fillers

Data Structure Of Mrz (Lower Line)

MRZ Ch. Position Field No. in VIZ Data Elements No. of Ch.
1 to 9 03 Passport No. 9
10 ----- Check Digit 1
11 to 13 06 Nationality 3
14 to 19 08 Date of Birth 6 [YYMMDD]
20 ---- Check Digit 1
21 07 Sex 1
22 to 27 12 Date of Expiry 6 [YYMMDD]
28 ---- Check Digit 1
29 to 43 ---- Other/Unused 15
Data
44 ---- Composite/Final 1
Check Digit

Check Digits In The Mrz (Lower Line)

Check Digit Ch. Positions for Calculation Check Digit Position
Passpor No. 1 to 9 10
Date of Birth 14 to 19 20
Date of Expiry 22 to 27 28
Composite/Final 1 to 10,14 to 20, 22 to 43 44

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Fig. 22: Construction of MRZ in Indian Passport

Threats & Recommendations for Indian Passport

A Fake Indian Passport (FIP) is a passport issued by governing bodies
and then copied and/or modified by persons not authorized to create
such documents or engage in such modifications, for the purpose
of deceiving those who would view the documents for the identity
or status of the bearer. The term also encompasses the activity of
acquiring passports from governing bodies by falsifying the required
supporting documentation in order to create the desired identity.
The following threats to Passports and ways in which the Passport
may be subject to fraud:
• Counterfeiting of Complete Passport
• Photo-substitution
• Deletion/alteration of text in VIZ or MRZ
• Construction of a fraudulent document or parts thereof using
material from legitimate Passports
• Theft of genuine blank Passport
• Impostors (A person who assumes another person's identity)
To provide protection against these threats and others, a Passport
requires a range of security features and techniques. Although some

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features can offer protection against more than one type of threat,
no single feature can offer protection against them all. Likewise, no
security feature is 100% effective in eliminating anyone category of
threat. The best protection can be obtained from a balanced set of
features and techniques providing multiple layers of security in the
Passport that combine to deter or defeat fraudulent attack.
The following described features are other than Photo (Portrait),
Signature or other biographical data of visual zone.
1. Substrate Materials- Paper involved in the construction of
the Passport is UV dull & with a controlled response to DV
that when illuminated by DV light it exhibits a fluorescence
distinguishable in various colour forms. Paper of the Passport
also contains a watermark. Visible & Invisible fluorescent
fibres are present in the paper.
2. Security Printing- Background and text printing involves
guilloche design pattern, microprinted text. Guilloche pattern
are generated by computerised software but these are
produced in such a way that no evidence of pixel is detectable.
Ink used for printing is DV fluorescent (visible & invisible), Tile
number ing (pi c I-JI inted text) incot porated ai Lllt: time of
manufacturing of Passports but is being incorporated at the
later stage using the same technique.
3. Protection against copying- Lamination and optically variable
features are used on the biographic data side used for anticopy
(antiphotocopying or antiscanning) protection.
4. Personalization technigues- By using this technique Photo or
Portrait, Signature and other Biographical data relating to the
holder are applied to the Passport. Passports are protected
for alteration by using laser printing, laser engraving, ink-
jet printing, photographic processes and thermal transfer
printing.
5. Quality Control- Quality checks and controls at all stages of
the production process and from one batch to the next is
essential to maintain consistency in the finished Passports.

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Securities Recommendations for Passport

Threats Basis Features Additional Features
Counterfeiting/ - Controlled UV esponse - registered watermark
Copying Paper - two-one watermark - invisible UV fibres/planchettes
Susbtrates - visible UV fibres/planchettes
- embedded or window thread

Plastic/synthetic - as per paper or - otically variable feature (OVF)

substrates substitute
- security features providing
an equivalent level of
security in plastic

Security printing - two-colour guilloche - intaglio printing

background - latent image
- rainbow printing - duplex pattern
- anti-scan pattern - 3-D design feature
- microprinting - front-to-back register feature
- deliberate error in microprint
- tactile feature

Numbering - unique document - perforated document number

number - special typefonts

Inks - UV inks - optically variable properties

- metallic inks
- penetrating numbering ink
- metameric inks
- infrared dropout ink
- thermochromic ink
- photochromic ink
- infrared fluorescent ink
- phosphorescent ink
- tagged ink

Photo-substitution - pe sonalization - OVF over the portrait

integrated into the - embedded image image
structure of the MRtd - secondary portrait image
- guilloche or other - storage and retrieval system
security printed feature for digital portrait image
overlapping portrait - biometric feature
- secure laminate or
overlay or equivalent

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Alteration of the - secure personalization - OVF over the portrait

biodata technique - embedded image
- guilloche or other - secondary portrait image
security printed feature - storage and retrieval system
overlapping portrait for digital portrait images
- secure laminate of - biometric feature
overlay or equivalent
Falsely obtained - good quality captured - biometric identifier
documents image - international cooperation
- good quality - audit trail for identity check
reproduction image - records of interrogation
- training of inspection staff system
- checks of supporting - national ID database
identity documents
- records seach capability
- register of lost and
stolen documents
Document theft - good physical security - CCTV in production areas
arrangements - centralized production
- control of all security - embedded image
components
- secure transport of blank
documents
- internal fraud protection
system
- international exchange
on lost and stolen
document

Suggestions
A passport is a document, issued by a national government, which
certifies, for the purpose of international travel, the identity and
nationality of its holder. The elements of identity are name, date of
birth, sex, and place of birth. Most often, nationality and citizenship
are congruent. That’s why Indian Passport Fraud is increasing day
by day. Therefore, it should be examined forensically by two levels;
Level One:
• Document examination steps and techniques;
• Basic travel document security features;
• Common counterfeiting techniques;

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• Common alteration techniques;

• Use of new examination equipment like magnifier, ultraviolet
viewer and retro-reflective viewer;
• New trends in fraudulent documents;
• Passenger assessment;
• Identifying imposters;
• Information on new travel documents.
Level Two
• Basic document producing, binding techniques;
• Document issuing procedure;
• New trends of document security techniques;
• New trends of counterfeiting and alteration techniques;
• Use of specialized equipment;
• Analysis of features of fraudulent documents and counterfeiting
techniques.
Conclusion
The Passport is a document for an individual identification and
travelling abroad for official, business and tourism purpose. There
are a number of Security features present in the current Indian
Passport, which serves protection against counterfeiting and
manipulation of, data, i.e. Background Printing (e.g. Guilloches &
Microprinting), Security Printing (e.g. Fugitive & Fluorescent ink),
Stitching thread, Gothic numbering, HAUV film, Dicuts, Fibers,
Watermark etc. But still these features are not developed enough
to minimise counterfeiting.There is a urgent need to improve &
amend the Security features. It should be noticed that some security
features need to be changed after some time interval e.g. annually.
After the thorough examination of VIZ & MRZ of Passport, FIP can
be easily identified.

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Acknowledments
Authors convey to special regards to Sh, Keshav Kumar, JD (TFC),
CBI & Dr. Rajinder Singh, Director (CFSL), CBI for their guidance
& encouragement for R&D work. I am indebted to my mother for
the efflorescence of my knowledge. This Research is dedicated to
my “Mother & Idols”- Swapnil.
REFERENCES

1. The Passports Act, 1967 http://passport. gov. in/passport act.

pdr
2. Indian Passport, Ministry of External Affairs, Govt. ofIndia
http://passport.gov.in/
3. Indian passport - Wikipedia, the free encyclopedia http://en.
wikipedia. orglwikilIndian passport
4. MRTD - ICAO http://www. icao. intISecurity!mrtdlPageslde(a
ult. aspx
5. Passport Seva Porta http://www. passportindia. gov. in/ AppOnl
inePro;ectlwelcomeLink
6. SPMCIL http://www.spmcil.com/SPMCILlInter[aceIHome.
aspx



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Estimation of Post Mortem Interval from

Larvae of Chrysomya Megacephala
(Fabricus) Using the Concept of adh
Ruchi Sharma*, Rakesh Kumar Garg** and J.R.Gaur***

Key words
Entomological Evidence, Larvae, Fibers, ADH, Post Mortem Interval.

Abstract
Entomological evidence is widely used to estimate a post-mortem
interval (PMI) during death investigations. Blow flies (Diptera:
Calliphoridae), typically colonize the remains within hours of death.
They lay eggs on carrion, which hatch and undergo a number of
predictable developmental changes. Owing to the quick colonization
and reliable progression of development, investigators can use historical
temperature data, stage of development, established development
tables, and larval body size to backtrack from the time of collection of
blow fly evidence to the time of colonization-providing a minimum PMI
estimate.
In this study, post-mortem interval has been calculated from the blow
fly (Diptera: Calliphoridae) using the base temp/ lower threshold
temperature. Development is strictly temperature dependent as blow
fly larvae are poikilothermic animals.
The insects cannot control their body temperatures, so they use the
environment as a source of warmth. Insects use a proportion of the
Author Intro.:
* Research Student, Department of Forensic Science, Punjabi University, Patiala-
147002 India. Presently Assistant Professor, Nepal Medical College, Nepal.
** Professor, Department of Forensic Science, Punjabi University Patiala-147002
India.
*** Ex-Director, Forensic Laboratory, Shimla

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environmental energy (thermal units) to grow and develop. The thermal

units are called degree days (D) and can be added together to reflect
periods of development. In this case they are called accumulated
degree days (ADD). If the period is shorter and length of time being
discussed is in hours, then the thermal values will be as accumulated
degree hours (ADH). Thus, combining the developmental progress and
the temperature influencing it, the developmental time of the larvae
can be calculated.
Introduction

T he determination of colonization interval of corpse (post mortem

interval) has been the major topic of forensic entomologists since
the 19th century. This method is based on the link of developmental
stages of arthropods, especially of blow fly larvae, to their age. The
major advantage against the standard methods for determination
of post mortem interval (by classical forensic pathological methods
such as body temperature, post mortem lividity and rigidity and
chemical investigations) is that arthropods can represent an accurate
measure even in later stages of post mortem interval when classical
forensic pathological methods fail.
Hundreds of arthropod species are attracted by corpses, primarily
flies (Diptera), beetles (Coleoptera) and their larvae. The animals feed
on the body, and live or breed in and on corpse, thus depending on
their biological preferences, and on the state of body decomposition.
By calculating their development stages arthropods are useful in
estimating the time since when a corpse was inhabited by animals.
This estimate is often referred to as post mortem interval.
Insects are pokilothermic so their development is usually quantified
as accumulated degree hours (ADH) or accumulated degree Guys
(ADD). When this approach is used, it is important to determine the
minimum development temperature. ADH values represent a certain
number of "energy hours" that are necessary for the development
of insect larvae. The degree day or hour concept assumes that the
developmental rate is proportional to the temperature within a
certain species-specific temperature range (Dorothy, 2007). One
basic condition for using the ADH method is that the ADH value
for completing a developmental stage stays constant within certain
temperature thresholds.
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Analysis of insect development and determination of larval age can

be valuable forensic evidence in estimation of post mortem interval
(Goff,1993). Blow flies are typically the first organisms to arrive at
a body after death, attracted to cadaver by odour produced during
early stages of decomposition (Donovan et al., 2006). If allowed
access to the body, the adult will feed on any secretions, including
blood, and gravid females will rapidly lay their eggs on the corpse.
The determination of a minimum post-mortem interval often relies
on the determination of the age of blow flies, since they are generally
among the first colonisers of a corpse (Reibe, S and Madea, B, 2010).
Calculating the age of immature stages of blow flies showing the
longest period of association with a dead body often gives a fairly
accurate estimate of the post-mortem interval (PMI). (Singh, D and
Bharti,M, 2001; Slone, D.H and Gruner, S.V, 2007).
Maggots appear to lengthen in a continuous manner during growth,
developing at a predictable, species specific temperature mediated
growth rate. (Gallagher, M.B et aI., 2010). Negligence of fluctuating
temperatures in legal cases can lead to distinctly wrong estimates of
the post-mortem interval (PMI). (Neideregger, S et aI., 2010).
In the present study, the post mortem interval has been calculated
from the larvae of Chrysomya megacephala (Fabricus) using the
concept of accumulated degree days/ hours.
Chrysomya megacephala (Fabricus) is forensically important blow
fly species distributed in many parts of the world and is available
throughtout the year in tropical regions of India. Larvae of the
species have been reported in association with human corpses in
serval cases. (Singh and Bala ,2009).
Materials and method
The following procedure of (Nuorteva et al., (1967, Clark, K.
et aJ, 2,006, Gallagher, M.B et al., 2010) is followed with some
modifications.
Calculation of Base Temperature of Species by Linear
Approximation Method
The development of fly is temperature dependent. Higher the
temperature, faster is the rate of development and vice versa.
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Below the lower threshold temperature the growth stops and above
the upper threshold the growth also slows down. Upper threshold
temperatures are rarely experienced when investigating most crime
scenes, so this factor is only infrequently important. Between the
upper and lower threshold temperature the growth is maximum.
(Dorothy, 2007).
The temperature below which the growth does not take place is
known as the base temperature or the lower threshold temperature.
The base temperature varies from species to species and also varies
with geographical location. The base temperature is calculated
from insect's growth at set experimental temperatures (Ames and
Turner, 2003).
Often an estimated threshold is used which may be extrapolated
from a linear regression (Ames & Turner, 2003; Grassberger & Reiter,
2002; Liu et al., 1995).
Grassberger and Reiter (2001) used 10 temperatures from ISO
C-34° C, O'Flynn (1983) used 8, Hanski (1976) and Reiter (1984)

Graph 1 : Growth of Chrysoma megacephala at different sets of temperature

(Ref. Dhakane, M.B., 2011)

In this study four different sets of temperatures has been used to calculate the base temperature
of Chrysomya egacephala

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Graph 2 : Calculation of base temperature of Chrysomya

megacephala

used 7; Byrd and AlIen (2001) and Williams and Richardson (1984)
used 6 set of temperatures respectively.
One possible solution to this problem is to pool data from separate
studies. Fewer developmental studies on blowflies achieve this goal.
The base temperature is calculated by plotting temperature against
1 ÷ total days to develop using a range of temperatures. If the line of
the graph is extended down to x axis, the point where it meets can
be read off. This is the base temperature for that particular species.
The graphical method for determining the base temperature of
species is known as LINEAR APPROXIMATION METHOD.
The base temperature of Chrysomya megacephala as calculated by
linear approximation method is 4°C
Calculation of Accumulated Degree Data
Insects cannot control their body temperatures, so they use the
environment as a source of warmth. Insects use a proportion of
the environmental energy (thermal units) to grow and develop.
The overall energy budget to achieve life stages can be specifically

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calculated. The thermal units are called degree days (D) and can be
added together to reflect periods of development. In this case they
are called accumulated degree days (ADD). If the period is shorter
and the length of time being discussed is in hours then the thermal
values will be as accumulated degree hours (ADH).
The total accumulated degree hours (or days), reflects the time
taken for the insect to develop to the stage recovered from the
crime scene. Based on this relationship, accumulated degree hours
(ADH) (or days, ADD) can be determined from a formula.
Time (hours) X (temperature-base temperature) =ADH
Time (days) X (temperature-base temperature) =ADD
(The number of life stages which have to be taken into consideration
is predetermined by which stage is found on the body and the time
taken to reach the particular stage).
Because development is believed to come to a standstill at
temperatures below the threshold, it is subtracted from the
equation.
Calculation of Correction Factor
Correction factor is calculated (regression equation) and the
corrected factor is added to meteorological station readings. The
standard procedure is to use temperatures of the nearest weather

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station for the desired time frame and correct them by applying a
regression starting from temperatures measured at the crime scene,
when taking the larvae as evidence (Archer, 2004). A scatter diagram
is plotted of metrological temperatures (x axis) and crime scene
temperatures (y axis) 3-5 days after the body has been discovered.
Post Mortem Interval Calculations
The meteorological station temperature and crime scene
temperatures were noted for 9 days in the month of winter. The
duration of the egg stage plus first instar duration, plus second
instar duration, and so on, are all added up to provide a total
experimental time period to reach a particular stage in the life cycle.
The number of life stages which have to be taken into consideration
is predetermined by which stage was found on the body.
Calculation of Pmi From Third Ins Tar of Chrysomya
Megacephala (Fabricus) in Winter Season
(Temperature is 3-5 days after the body has been discovered)

Metrologi
Crime Base temp.
cal Station
Scene Temp. of species ADD £ ADD
Temp.
(Degrees C) (Degrees C)
(Degrees C)
23 24 4 20
24.3 25.5 4 21.5 41.5
24.8 26 4 22 63.5
25.3 27.8 4 23.8 87.3
27.1 28.3 4 24.3 111.6
27.5 28 4 24 135.6
27 28.5 4 24.5 160.1
26 28.8 4 2.1.8 184.9
26.3 29 4 25 209.9

For Experimental Temperature

(Time taken to reach to third instar in winter is 9 days)
ADH= TIME X (TEMP- BASE TEMP)

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= 9X (28.05-4)
= 9X (24.05)
= 216.45
(ADD = ADHl24)
Post Mortem Interval = From the table and working down to the
nearest value for the ADD, the 9th day previous to the discovery of
the body is the most likely estimate for the time of death.
For Crime Scene
(Correction factor is to be added to metrological station temperature)
The time taken to reach to third instar in winter is 9 days. Therefore
the meterological station temperature is x + correction factor
Meterological station temperature = 26.2 + 1.8= 28
ADH= TIME X (TEMP- BASE TEMP)
= 9X (28-4)
= 9 X24=216
(ADD = ADHl24)
Post Mortem Interval = From the table and working down to the
nearest value for the ADD, the 9th day previous to the discovery of
the body is the most likely estimate for the time of death.
Where there is no experimental growth data available for the
particular species, the larval should be reared until the adults
are mature and oviposit. The eggs can then be maintained at a
temperature which represents that estimated for the crime scene.
The duration from egg stage to the stage of the life cycle which was
recorded at the crime scene, will provide a means of estimating the
post mortem interval and also of providing confirmation of any post
mortem interval which has been calculated.
These calculations of a PMI in a real cases shows that this methods
give reasonable results. This has also been confirmed by (Reibe et
aI., 20 10)

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Drawbacks of Using Adh For Calculation of Pmi

Accumulated degree days or hours are product of temperature of a
species, minimum developmental threshold and the time spent at
that temperature.
One difficulty with this linear day/hour degree model is that it only
truly applies to the thermal range where temperature is directly
proportional to development. The calculated ADD/ ADH required
for development will be too low at temperatures near the lower
threshold and too high near the optimum temperature (Wagner et
al., 1984).
The lower threshold temperature is often very difficult to determine
accurately because insects survive for long periods with near zero
development.
In general, the biggest problem is the lack of data for the development
of, certain species and especially data from different countries, as
there is a geographical variation in thermal requirements for insect
development (Honek, 1996).
Use of ADH in PMI estimations has shortcomings particularly during
the winter period where low temperatures are involved of where,
there are sudden summer cold spells during the development
period (Ames and Turner, 2003).
The corrected temperature values contain uncertainties that
cannot be accounted for by the methods currently used for PMI
determination. No information exists for either model about the
quality of the method or the error intervals of the calculated PMIs.
Summary and Conclusion
The main aim of Forensic Entomology has always been, and is
today, to establish the time of death (P .M.I.) or, more exactly, how
long a carrion has been exposed in the environment. Most of the
invertebrate fauna occurring on corpses consists of insects (mostly
Diptera and Coleoptera). They are selectively attracted by the
decomposing status of the carrion, and form complex communities
within necrophagous or sarcophagous species and their predators,

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parasites and parasitoids, competing each with one another.

The growth and development of carrion-feeding calliphorid
(Diptera: Calliphoridae) larvae, or maggots, is of great interest to
forensic sciences, especially for estimation of a postmortem interval
(PMl). The development rate of calliphorid larvae is influenced by
the temperature of their immediate environment.
The concept of ADH assumes that there is a fixed quantity of
metabolic activity, controlled by time and temperature that is
necessary to complete development. The linear model assumes that
the time/temperature relationship is measured in terms of ADH,
where one ADH unit is equal to 1 (1X1 h) across all temperatures.
If the standard ADH method is used to estimate PMI where there
have been periods of low temperature then it is likely that the PMI
will be underestimated.
The determination of age of blow fly larvae on corpse is useful for
estimation of post mortem interval. Since insects are pokilothermic
so they utilize the environmental energy, the overall energy to reach
the life stages is calculated. The temperature has direct effect on the
growth of flies. So the temperature is the most important factor in
estimation of PMI.
The first step is to identify the flies and larvae recovered from the
body and calculating how long it would take them to reach this stage
at given environmental conditions. The oldest maggots present on
the body give the age of blow fly larvae. The next stage is to link this
information to the temperature at the crime scene.
Since the upper threshold temperatures are rarely experienced when
investigating most crime scenes, so it is not of much importance. The
lower threshold temperature should be calculated by entomologist
in the laboratory because the lower threshold of species varies with
geographical location.
On account of their activity and worldwide distribution, blow flies
are of greatest forensic interest. The knowledge of factors inhibiting
or favouring colonization and fly development is a necessary pre-
requisite for estimating the PMI using entomological data.

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Many researchers have advocated the use of software, program tools

and mathematical formulae to calculate post mortem interval using
Microsoft Excel, but most have developed formulae based on ADD
and ADH concepts for which data are not available worldwide for
many species.
There is no data available regarding the lower threshold of flies
in India. This poses a great problem while estimating the PMI.
The lower threshold temperature of flies varies with geographical
location and hence there is a necessity to study the lower threshold
temperature different parts.
REFERENCES
Ames, C and Turner, B (2003). Low temperature episodes in development
of blow flies: Implications for post mortem interval estimation. Medical
and Veterinary Entomology. 17. 178-176.
Archer, }/.S (2004). The effect of time after body discovery on the accuracy
of retrospective weather station ambient temperature corrections in
forensic entomology. J Forensic Sciences 49(3):553-559
Byrd, J. H and Castner, J.L (2001): Forensic Entomology. Utility of Arthropods
in Legal Investigations. CRC Press. 43-55.
Campobasso, C.P; Di Vella, G and Introna, F (2001). Factor affecting
decomposition and dipteral colonization . Forensic Science International.
120 (1-2): 18-27.
Clark,K; Evans, L and Wall, R (2006).Growth rates of the blowfly, Lucilia
sericata, on different body tissues. Forensic Science International. 156
(2-3): 145-149.
Dhakane, M.B (2011). Studies on two species of blow flies (Diptera:
Calliphoridae) with particular reference to their forensic importance. Ph.D
thesis submitted to Department of Zoology, Punjabi University Patiala.
Punjab. 127.
Donovan, S, E; Hall, M.J; Turner, B.D and Moncrieff, C.B. (2006). Larval
growth rates of the blowfly, Calliphora vicina, over a range of temperatures.
Medical and Veterinary entomology. 20 (1): 106-114.
Dorothy, G.E (2007). Forensic Entomology: An Introduction. John Wiley
and Sons Ltd. 1st Edition. 116.

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Gallagher, M.B; Sandhu,S and Kimsey, R (2010). Variation in Developmental

Time for Geographically Distinct Populations of the common Green Bottle
Fly, Lucilia sericata (Meigen). Journal of Forensic Sciences.55 (2): 438-
442.
Goff, M (1993). Estimation of Postmortem Interval Using Arthropod
Development and Successional Patterns. Forensic Science Review 5 (2):81-
94.
Grassberger M and Reiter, C (2001). Effect of temperature on Lucilia
sericata (Diptera: Calliphoridae) development with special reference to
the isomegalen- and isomorphen- diagram, Forensic Science International.
120 (1-2): 32-36.
Liu, S.S; Zhang, G.M & Zhu, J. (1995). Influence of temperature
variations on rate of development in insects: analysis of case studies from
entomological literature. Annals of the Entomological Society of America,
88(2), 107-119.
Honek, A (1996). Geographical variations in thermal requirements for
insect development. European Journal of Entomology 93:303-312.
Neideregger, S; Pastuschek,J and Mall, G (2010). Preliminary studies of
the influence of fluctuating temperatures on the development of various
forensically relevant flies. Forensic Science International. 199 (1-3): 72-
78.
Reibe, S; Doetinchem, P. V and Madea, V (2010). A new simulation-based
model for calculating post-mortem intervals using developmental data
for Lucilia sericata (Dipt.: Calliphoridae). Parasitology Research. 107 (1):
9-16.
Reibe, S and Madea, B (2010). Use of Megaselia scalaris (Diptera: Phoridae)
for post- mortem interval estimation indoors. Parasitology Research. 106
(3): 637-640.
Singh and Bala (2009). The larval behavior of two forensically important
effect of starvation on the pecies of blow flies Forensic Science International.
118-121(Diptera: Calliphoridae).
Singh, D and Bharti, M (2001). Further observations on the nocturnal
oviposition behaviour of blow flies (Diptera: Calliphoridae). Forensic
Science International. 120 (1-2): 124-126.
Slone, D.H and Gruner, S.V, (2007). Thermoregulation in larval aggregations
of carrion- feeding blow flies (Diptera: Calliphoridae). Journal of Medical

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Entomology. 44 (3): 516-523.

Smith, K.V.G (1986). Manual of Forensic Entomology. Comell University
Press, New York. 11-55.
Wagner, T.L; Wu, H. I; Sharpe, P.J.H; Schoolfield, R.M. and Coulson,
R.M. (1984). Modeling insect development rates. A literature review and
application of a biophysical model. . Annals of the Entomological Society
of America .77,208- 255.



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Differential-Pulse Cathodic Stripping

Voltammetry (Dpcsv) Determination
of Arsenic-Ill (As3+) in Blood
Dr. A. K Jaiswal*, Parul Kaushot**, Srinita Das***,
M. Gupto****, Pushpa Dhar*****

Keywords
Cathodic Stripping Voltammetry, Hanging Mercury Drop Electrode,
Arsenic, Blood, Heavy metal, HMDE, DPCV, Ag/AgCI etc.

ABSTRACT
The quantitative determination of traces of arsenic and its compounds
in blood is essentially based on their toxicological impact on biological
systems. Routinely, inductive coupled plasma, atomic absorption
spectrometry, graphite furnace atomic absorption spectrometry have
been used for such analysis. An attempt has been made to develop a
new method for determination of traces of arsenic in blood by differential-
pulse cathodic-stripping voltammetry (DPCV). Blood sample was
processed by closed digestion method using nitric acid. Determination
of arsenic was made in hydrochloric acid medium with a sweep rate
(scan rate) of 25 mV/s and pulse amplitude (pulse height) of 50 mV by
Hanging Mercury Dropping Electrode (HMDE) using standard addition
method. The solution was stirred during pre-electrolysis (Deposition

Author Intro.:
* Department of Forensic Medicine and Toxicology, All India Institute of Medical
Sciences, Ansari Nagar, New Delhi-110029, Tei-91-9868115165
** Department of Anatomy, All India Institute of Medical Sciences, Ansari Nagar,
New Delhi-ll0029.
*** Department of Biotechnology, Karunya University, Coimbatore
****Department of Pharmacology, All India Institute of Medical Sciences, Ansari
Nagar, New Delhi-110029
Email: [email protected]

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potential) at - 440 mV (vs. Ag/ AgCl) for 60 seconds and the potential
was scanned from - 400 mV to - 900 mV (vs. Ag/ A.gCl). Under these
conditions the limit of detection of arsenic was O.1ug/L.

Introduction

A rsenic is a metalloid which exists in different allotropic forms.

Denoted by the symbol As, it has atomic number of 33. There
are three different metalloids of arsenic, each having different crystal
structure. It is steel grey in color, very brittle, crystalline and oxidizes
rapidly when heated. The most common compounds are arsenite
& arsenate that are poisonous in nature. Arsenic present in plants
and animals is chemically bonded with carbon and hydrogen. This
organic form of arsenic is usually less harmful to various life forms
than inorganic arsenic. Under natural conditions, arsenic is present
in low levels and is chemically bonded with other elements such as
oxygen, chlorine, and sulphur1-3 resulting in formation of inorganic
arsenic compounds. Inorganic form of arsenic is most commonly
encountered in water supplies. Various uses of arsenic include
• Smelting industry in which it is a by product of ores containing
lead, gold, zinc, cobalt, and nickel
• Microelectronics industry in which it is use in semiconductors
in the form of gallium arsenide, indium & aluminium
• Paris green prepared from copper acetate and arsenic trioxide,
Calcium arsenate & Lead hydrogen arsenate are used in.
• As pesticide and herbicide
• As colouring agent in paint and dye industry, in the form of
paris green and emerald green
• As a finishing agent for glass, in the form of arsenic acid
• Treatment of cancer and acute promyelocytic leukaemia, in
the form of Arsenic trioxide.4-6
The normal level of arsenic in whole blood concentration is less
than 50~g/L. Level of Arsenic measured in a 24 hour collection,
following 48 hours without eating seafood exceeds 100ug/L in

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people with arsenic poisoning. Different levels of As in biological

material is given in Table 1.
Table1: Normal levels of arsenic in different biological
materials

Material Level
Blood < 50ug/L
Urine < 100 ug/L
Nails <1 ppm
Hair <1 ppm
If acute arsenic poisoning is suspected an X-ray may be helpfuI.7-11
Routinely, inductive coupled plasma, atomic absorption
spectrometry, graphite furnace atomic absorption spectrometry
have been used for analysis of arsenic. An attempt has been made
to develop a new method for determination of traces of arsenic
in blood by DPCS voltammetry. DPCSV is a powerful technique
and has been used for the direct determination of trace metals in
different samples. One of the major advantages of this technique
is that the running cost of instrument is quite low, compared to
any other technique. In the present study, determination of arsenic
was made in hydrochloric acid medium with a sweep rate (scan
rate) of 25.0 mV/s and pulse amplitude (pulse height) 50 mV by
Hanging Mercury Dropping Electrode (HMDE) using standard
addition method. The solution was stirred during pre-electrolysis
(Deposition potential) at - 440 mV (vs. Ag/ AgCl) for 60s and the
potential was scanned from - 400mV to - 900 mV (vs. Ag/ AgCl). It
could be presumed that DPCSV technique is a new, rapid, simple,
selective and cost effective technique for qualitative and quantitative
determination of As (Ill) in blood, however, more data needs to be
collected to substantiate the effectiveness of the method.
Experimental Procedure
Apparatus and Accessories
Microwave digestion system: Microwave digestion system (Aurora
Instruments, Canada) equipped with a rotor for six Teflon digestion

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vessels was used for the digestion of samples.

Voitammetric Trace Metal Analyzer: Trace Metal Analyzer (model
797 VA Computrace from Metrohm AG Ltd, Switzerland Fig 1) was
used. The voltametric vessel is a three electrode system with an
Ag/ AgCI electrode as reference electrode, Multy Mode Electrode
(MME) containing mercury as working electrode and platinum
electrode as an auxiliary electrode.
Nitrogen gas: Nitrogen gas of purity 99.99% was used.
Micropipette: Micropipettes (Eppendorf make) of volume 10-100µ1
and 100-1000 µI were used.
Chemicals: Suprapure acetic acid and Suprapure hydrochloric
acid (Merck Germany); Nitric acid, Arsenous oxide (AS203),
Copper (11) sulfate-S-hydrate GR and sodium hydroxide (Merck
Mumbai-400018); , Selenium dioxide (Se02); Ammonium oxalate
and sulphuric acid (Qualigens Fine Chemicals, A Division of Glaxo
Smith Kline Pharmaceuticals Limited, Mumbai); Milli Q water (from
Millipore apparatus)
Glassware: Beakers of 1oo, 500ml capacity, volumetric flask of

Fig 1: 797 VA Computrace (Trace Metal Analyzer)

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50 ml capacity and glass funnels (Borosil make) were used. The

glasswares were washed with acetone and then with tap water.
Finally, the glassware were rinsed 2-3 times with milli Q and then
dried in digital oven.
Blood Sample: Post mortem blood sample was obtained from
mortuary, AIIMS, New Preparation of 1000 ppm Copper: 0.3968
gm of copper nitrate of high purity was taken in a 100 ml volumetric
flask and the volume was made to 100 ml with milli Q water.
Preparation of 1 ppm Selenium: 0.14196 gm of selenium dioxide
was taken in a 100 ml volumetric flask and 2-3 drops of sodium
hydroxide was added to it and the volume was made to 100 rnl
with milli Q water. Then 0.1 ml is taken from this prepared solution
(1000 ppm selenium) in a 100 ml volumetric flask and made up to
100 ml with water.
Preparation of standard solution: 0.132 gm Arsenous oxide
(AS203) was taken in a 100 ml volumetric flask and two pellets of
sodium hydroxide was added to it and made up to 100 ml with
water (1000 ppm arsenic). 1 ppm standard solution of arsenic was
prepared by diluting 0.1 ml of 1000 ppm stock solution of arsenic
to 100 ml water.
Sample preparation: Vessel of microwave digester was cleaned up
by Nitric acid (HN03) and H20 mixture (1:1) and dried. One ml of
blood sample was transferred into the linear vessels.15 ml of 35 %
HN03 was added to each vessel and the mixture was left for few
minutes for outgas. In the reference vessel, 1 ml of water was added
along with 15 ml of 35% HN03 for sample blank. Vessel carrousel was
loaded in the microwave digestion oven and the digestion machine
was run according to the program given in table 2.

Table 2: Programming conditions for the microwave digester

Step Time (s) Starting Temp (0C) Ending Temp (0C)

1 210 28 100
2 600 100 160
3 600 160 170

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After cooling, the vessels were opened and the digested material
was completely transferred in 50 ml volumetric flask with the help
of milli Q water and finally the volume was made upto 50 ml with
milli Q water.
Voltammetric determination: The electrodes were washed
with distilled water. 10 ml water, 1 ml HCI, 0.05 ml 1000 ppm
Cu and 0.08 ml 1 ppm Se were taken in voltammetric vessel and
voltammogram was recorded for blank under the condition given
in Table 3. After completion of blank voltammogram, O.lml of
digested sample was added in volumetric vessel and voltammogram
was recorded under same condition. After completion of sample
voltammograms, 0.1 ml of 1 ppm standard solution of As (Ill) was
added and voltammogram was recorded. Again, O.lml of 1 ppm
standard solution was added in the same vessel and voltammogram
was recorded second time. The concentration of the analyte was
calculated by linear regression method (standard addition). All the
measurements were done by standard addition technique to avoid
the sample matrice effect. The voltammogram of the sample and
the two standard additions is given in Fig 2.The extrapolation graph
which can give the value of Arsenic (Ill) is given in Fig 3.
Table 3: Operating parameters for the determination of Arsenic
by DPCSV

S.NO. Parameters Description

1 Working electrode MME (HMDE)
2 Auxiliary electrode Pt
3 Reference electrode Ag/AgCI, 3M KCI
4 Calibration method Standard addition
5 I Stripping Cathodic
6 Mode Differential pulse (DP)
7 Number of standard addition 2
8 Number of replications 1
9 Drop size 4

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10 Stirrer speed 1200 rpm

11 Initial purge time 300 s
12 Addition purgetime 10 s
13 Deposition potential -440 mV
14. Deposition time 60 s
15 Equilibration time 10 s
16 Pulse amplitude 50mV
17 Start potential -400 mV
18 End potential -900 mV
19 Voltage step 10 mV
20 Voltage step time 0.4 s
21 Sweep rate 25 mV/s
22 Peak potential As3+ -650 mV

Results and Discussion

In the present study, the concentration of the Arsenic (Ill) in
blood was successfully determined by DPCSV technique. DPCS
Voltamogramme of As (Ill) obtained from standard addition
technique are given in Fig. 2. The sensitivity was calibrated by
standard additions to the sample and the initial metal concentrations
were calculated by extrapolation (Fig 3). Consequently, the linear
calibration range was automatically obtained as being related to
quantitative mode of the Voltammetric unit. The "automatic blank
correction" feature of the instrument was used to subtract the
blank contribution due to chemicals, water, etc. A further increase
in sensitivity of peak currents was achieved by increasing the
deposition time to 60s. Under these conditions, the concentration
of arsenic (Ill) in blood sample was found to be nil. Several papers
have discussed the determination of Arsenic in matrices other than
the blood. The advantages of proposed voltammetric method over
the other known techniques include the sensitivity of the method
besides the other features such as the rapidity, cost effectiveness
and sophistication of the method.

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Fig 2: DPCS Voltamogramme of As obtained from standard addition

technique with number of replications being two. A) 10 ml water,
1ml HCI, 0.05 ml 1000 ppm Cu, 0.08 ml 1 ppm Se, B) A + 0.1 ml
standard solution of As (1 pprn), C) B + 0.1 ml standard solution of
As (1 ppm)

Fig 3: The extrapolation graph of As obtained from standard addition

by DPCSV technique

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Conclusion
In the current procedure, arsenic determination was carried out
under the most appropriate and fixed conditions. It is apparent
from the present study that direct determination of arsenic in blood
samples is possible by DPCSV. Determination of arsenic was made in
hydrochloric acid medium with a sweep rate (scan rate) of 25 mV/s
and pulse amplitude (pulse height) of 50 mV by Hanging Mercury
Dropping Electrode (HMDE) using standard addition method.
REFERENCES
1. Kurnar S; News Roundup BMJ. Millions more at risk of arsenic
poisoning than previously thought. BMJ 2003; 326: 466.
2. Kalia K, Flora S!; Strategies for safe and effective therapeutic
measures for chronic arsenic and lead poisoning. J Occup Health.
2005 Jan; 47(1):1-21.
3. Goto, Collin S. "Heavy Metal Intoxication." In Nelson Textbook of
Pediatri, 17th ed. Edited by Richard E. Behrman, et al. Philadelphia:
Saunders, 2003, pp. 2355-7.
4. Stephanopoulos DE, Willman DA, Shevlin 0, Pinter L, Gummin DD.
Treatment and toxicokinetics of acute pediatric arsenic ingestion:
danger of arsenic insecticides in children. Pediatr Crit Care Med.2002;
3:74 -80
5. Kamijo Y, Soma K, Asari Y, Ohwada T. Survival after massive arsenic
poisoning self- treated by high fluid intake.
6. Schafer B, Kreppel H, Reichl FX, Fichtl B, Forth W. Effect of
oral treatment with BAL, DMPS or DMSA arsenic in organs of
mice injected with arsenic trioxide. Areh Toxicol Suppl.1991;
14 :228 -230
7. Hantson P, Haufroid V, Buchet JP, Mahieu P. Acute arsenic
poisoning treated by intravenous dimercaptosuccinic acid
(DMSA) and combined extrarenal epuration techniques. J
Toxicol C!in Toxieo!.2003; 41:1-6
8. Guha Mazumder DN, Ghosh N, De BK, Santra A, Das S, Lahiri
S, et al. Epidemiological study on various noncarcinornatous
manifestations of chronic arsenic toxicity in a district of West

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Bengal. In: Chappell WR, Abernathy CO, Calderon RL, editors.

Arsenic exposure and health effects IV. Amsterdam: Elsevier;
2001. 153-64.
9. Chowdhury UK, Biswas BK, Chowdhury TR, Samanta G,
Mandal B, Basu GC, et al. Groundwater arsenic contamination
in Bangladesh and West Bengal, India. Environ Health Perspect
2000; 108: 393-7.
10. Cebrian ME, Albores A, Aguilar M, Blakely E. Chronic
arsenic poisoning in the north of Mexico. Hum Toxicol1983;
2: 121-33.
11. Balakumar, Pitchai; Kaur, Jagdeep (December 2009). "Arsenic
Exposure and Cardiovascular Disorders: An Overview".
Cardiovascular Toxicology 9 (4): 169. doi:10.1007/s12012-
009-9050-6

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Legal and Illegal aspects of

Abortion
Dr. Parveen Chandna*, Dr. S.S. Chandna** and Ravi
Soni***

Kevwords
Foetal Haemoglobin, M.T.P. Act, Mifepristone, Abortifacient Drugs,
Laminaria Tent.

Abstract
This paper deals with abortion and Medical Termination of Pregnancy.
Abortion may commence with abortive pills or using mechanical
devices. A sonography of the pregnant woman is crucial factor through
which the picture of the baby can be seen to detect their abnormalities
or fecundity of ailments. Sometimes medical practitioner misuses this
technique to detect sex followed by aborting a foetus of a particular sex
under allurement or to earn goodwill or even under threat received from
disgruntled elements. Abortion can be fatal, and can endanger the life
of a pregnant lady as her peculiar interests have to be safeguarded for
restoring prestige, glory and reputation as well as in the wake of self-
respect and dignity of the person doing this operation and valour of the
institution where he has been working. Moreover, medical termination
of pregnancy can be ensued only with the consent of the female and
not against her will after crossing 18 years of age. To rejuvenate proper
sex ratio, it becomes mandatory to concentrate on ethical values and
to focus more attention on certain laws framed by Constitution of India.
Abortion or medical termination of pregnancy may not be performed
on sentimental basis as one has to bear the consequences.

Author Intro.:
* Junior Resident Doctor, Kalpana Chawala Medical College, Karnal, Haryana.
** Asst. Director (Serology) Forensic Science Laboratory, Madhuban (Karnal).
*** Research Fellow, F.S.L. (H) Madhuban, K.U., Kurukshetra.

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I. An Ultrasonographic foetal shadow(http://\vww.google.com/ultrasound)

Introduction

A bortion is defined as expulsion of the product of conception

from the uterus before the foetus shows its viability for survival.
Under section 372 IPC abortion is liable to be punishable for
imprisonment of 3 year to 7 years of duration and fine. However, the
abortionist and the women gives her consent for an act of abortion,
both are treated as accused U/S 511 IPC. Miscarriage against the
will of woman is treated U/S 313 IPC with imprisonment up to 10
years who performs medical termination of her pregnancy. If the
pregnant woman does not survive after termination or expulsion
of product of conception then the abortionist is liable to punished
for 10 years U/S 314 IPC, but if the new born baby is born alive
and an attempt is made to kill him/her from being born, then the
case is treated U/S 315 IPC followed by imprisonment for 10 years
along with fine. If the baby has not been still born, an intention and
persuasion is being made to abort the baby by giving or injecting
abortifacient drugs, then the case is treated under 316 IPC and 10

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years punishment will ensue.

Threatened abortion
It is a clinical entity wherein the process of abortion is continued but
has not progressed to a state from where recovery is not possible.

2. An Ultrasonographic foetal shadow(http://www.google.com/ultrasound)

Main aim of treatment of threatened abortion lies in preservation

of pregnancy and not terminating the same at all. Pregnant woman
with the problem of threatened abortion must avoid an abortifacient
drugs, Mifepristone. This drugs blocks progesterone receptor in the
endometrium which further leads to disruption of the embryo and
production of prostaglandins with decreasing level of chorionic
gonatropin. Moreover, production of prostaglandins causes
softening of the cervix. Success rate of mifepristone is dependent
on the duration of pregnancy.
1. Missed abortion:- When the foetus is dead and retained
inside the uterus for a variable period is termed as missed
abortion.
2. Incomplete abortion:- When the entire products of
conception are not expelled out but a part is left inside the
uterine cavity.
3. Complete abortion:- When the products of conception are
expelled enmasse.
4. Septic abortion:- When abortion is associated with clinical

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evidences of infection of the uterus and its contents is termed

as septic abortion.
Poverty is the main cause for perpetuation of crimes. Economic
disparity and not with standing the needs of the family, a female
is forced to cope with unrealistic social demands. A female with
a poor economic status has to force her daughter for immoral
trafficking without knowing the consequences of her fate. Her
future becomes unholy and therefore, she betrays her kith and kin.
Social aspersion endangers and threatens her life. Life of the female
remains at stake and she imbibes the characteristics of a dependent
lady who thrives and caters to her needs on the lust of the male.
Late Pt. lawhar Lal Nehru has already commented that “Nothing is
good or bad in this world, thinking makes it so”. If the citizens of
nation inculcate positive thinking towards such nefarious designs,
then the character of a nation will be developed accordingly. Face
is the index of the brain. All the perceptions are to be taken into
consideration regarding her liking or ill will towards such type of
deeds, which are eating into the vitals of the society and is reflected
as a stigma on the fair image of a woman.
Devices and Methods:-
1. Detection of womb in the mother is done through ultra
sonography. Ultrasonographic machine is employed to create
an image or photograph the particular organ and tissue by
using beams of waves 1-10MHz density. Through this device,
one can see uterus, fallopian tubes, endometrium and foetus
specially in pregnant woman. One can also detect multiple
pregnancies or ectopic pregnancy, ovarian cyst and pelvic
cancer, tubo-ovarian abscess etc, If the medical officer deviates
his attention from the real cause of fatality and furnishes
unlawful knowledge about the male or female foetus, then his
activities are regarded as detrimental to well-being of society.
2. Experts can extract amniotic fluid by the process of suction
through injection and the fluid which is derived out is
subjected to detection of Bar Bodies for their presence. If the
bar bodies show their appearance, then it confirms female

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foetus otherwise male foetus is established.

Tools/Scientific Gadgets
1. Doctors generally conduct abortion by using karman’s cannulla
which consists of pressure control valve and piston locking
handle simply operated by them. Plastic syringe (approx 50
ml) creates a vacuum 60cm Hg. It is generally a successful
method of abortion of up to 12 weeks of gestation. It is also
termed as vacuum evacuation.
2. Prostaglandin injections and synthetic steroids mifepristone
(RU-486) have been in vogue to further diagnose abortion.
It becomes imperative to visualize deliberate dilation of the
cervix by prostaglandin pessary. At the place of occurrence
one could be chosy enough to search for prostaglandin
pessary, laminaria tents and karman’s cannulla.
Public or police personnel’s can also come across and find
foetus, placenta, amniotic fluid along with filth.
No chances of gross injury prevail on vagina, cervix, and
uterus if the abortion has been performed by a skilled doctor.
On the other hand, severe injury is detected on the aforesaid
organs, then one can presume that some medical practitioner
who has performed the nefarious act is an unskilled person.
Moreover, if inflammation is observed on vagina or cervix,
then it can be well understood that some peculiar irritants i.e.
Turpentine or Cantharides have been used.
If syringing has been caused by Higginson syringe, then
possibility of fluid in the vagina cannot be ruled out.
Nature of injuries found on the genital tract further indicates that
the same have been caused by sharp and pointed instrument i.e.
surgical forceps.
Medical Termination of Pregnancy
The Medical Termination of Pregnancy Act (MTPA) was passed in
August, 1971 and made effective from April, 1972. Whole India
has been covered under this act, except Jammu & Kashmir state.

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On humanitarian ground when pregnancy has been caused due

to rape or when pregnancy is the result of failure of contraceptive
methods in case of a married woman which may severely affect
her mental state i.e. Social or economic environment and
reasonably viable to critically retard mother’s health. Termination
is allowed up to 20 weeks of pregnancy. Professional survey has
to be maintained. The admission register kept for maintaining the
record of pregnancy is a secret document and the information
contained therein should not be disclosed to any person. The
termination of pregnancy by an unauthorized person who is
not a registered medical practitioner or in an unrecognized
establishment can be dealt with rigorous imprisonment for a term
which shall not be less than 2 years, which may further extend
to 7 years depending upon the circumstances. Only a qualified
registered medical practitioner can do this act and he can be only
considered as a qualified expert, if he has assisted in performance
of 25 cases of MTP in a recognized hospitals. Chief Medical Officer
is empowered to certify that a particular doctor has been imparted
necessary training to conduct abortions.
Even non-govemmental institutions can perform MTP, if they
have obtained a license from chief medical officer of the district.
Moreover, abortion cannot be performed on the request of the
husband, if the woman herself is not willing. The consent of a
woman is essential before conducting abortion. Written consent
of a guardian is required if the woman is a minor or mentally
retarded. In such a case, proof of age of a women is not necessary
and the statement of a woman is enough and acceptable, if she
states that she is over 18 years of age. Moreover, statement of
woman is quite enough to perform this act, if she says that she has
been raped and lodging ofF.I.R. is not necessary. If the period of
pregnancy is between 12 and 20 weeks, two doctors are supposed
to frame common consensus after their agreement, even one
doctor can perform the act. In case of emergency, pregnancy can
be terminated by even a single doctor without complete training
and without consulting another doctor even in a private recognized
hospital. Pregnancy termination can be done in first 3 months if,
the mother suffers from German Measles, Small Pox, Chicken Pox,

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Viral Hepatitis, Viral Infection, Toxoplasmosis, etc. If treatment

with X-ray or radio isotopes results into deformation of the foetus
or harmful drugs such as cortisone, Aminoprotein, Hallucinogens,
Antimitoitic drugs or antidepressants are consumed by a pregnant
woman. If the parents are insane then it becomes imperative to
perform termination.
When patients under treatment of viral diseases, AIDS, etc.
come in contact with opposite sex, then the particular disease in
question is likely to be transmitted to young baby. Can a young
borne will cope with these dangerous infections? Immunity factor
is also inherited. The children, who are strong or immune enough
can face the fatal risks of viruses which tend to develop even in
unfavorable intense hot humid or intense cold dry environment.
Breeds of viruses have to be still overcome. When the condition
becomes again suitable, these viruses breed in preponderance.
When virulent viral attack manifests on the layers of the brain or
hits behind the eyes or sinus cavities, then the young baby has
to bear all the consequences and struggles a lot for survival. In
this way the parents become impatient and they want to get rid
of living creature instead of diverting their energies on treatment
linked with their childhood.
Exception of MTP Act includes medical urgency i.e. when
continuation of pregnancy endangers the life of a pregnant woman
or can cause grievous injury to her physical and mental health.
When new born baby is born with physical and mental abnormalities
pertaining to eugenic factors, termination of foetus becomes feasible
when the pregnancy exists due to rape or incest or when pregnancy
is observed due to an immense failure of contraceptive devices.
At the place of scene of Crime, Investigating Agencies must notice
some of the following evidences found at the site where an act of
abortion has been carried out recently:
Higginson’s syringe, Wire probe, Laminaria tent, Cantharides,
Caustic substances, Turpentine, Pumps, Slippery elm bark, Elastic
gum catheter, Abortion stick soaked with jequirity, marking nut,
red lead, mercuric chloride and Rectal catheter.

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Crime Scene & Societal Factors

Abortionist generally use abortfacient drugs, purgatives and caustic
substances during 1st and 2nd month of pregnancy and they use
mechanical means to abort the foetus during 3rd, 4th and 5th month

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of pregnancy.
The process of criminal abortions is critical and fatal procedure,
leading to disgrace as well as deterioration of physical, mental state
of the victim, which is further associated with serious impacts such
as:-
Air embolism, Perforation of vault and vagina, Amniotic fluid
embolism, Bleeding, Peritoneal hemorrhage, Urinary tract
infection and inflammation, Foetal injury and Peritonitis and
salpingitis.
Due to the fear of society or aggressive family members, the
females do not want to retain the developing embryo in the
uterus. However, it is certainly not a social taboo if the pregnant
lady wants to retain the foetus in the uterus. If she is not able to
retain, then she may come across an unexperienced doctor who,
in turn, can give a strong twist to her fallopian tubes which may
become dysfunctional in future. Therefore, eminent danger can
be perceived and possibility of giving birth to a child is drastically
reduced, if the expulsion of womb was carried in. Even an
injection of oxytocin has to be given in some instances for further
widening of pelvic muscles. Therefore, illegal and illegitimate acts
which are going on in the society have further risks for one’s life
associated with destruction of the womb.
Sometimes, important veins give way and a profuse bleeding
occurs and lady dies. Moreover, due to tearing of muscles
haphazardly, there are ample chances for severe infection.
Haemoglobin level of a pregnant female falls considerably. Due
to continuous weakness, the lady looses immunity and becomes
highly susceptible to harmful germs. Therefore, wealth of the
nation which lies in a child of strong physique within sound mind
is constantly drained out. Real wealth of the nation are these strong
future citizens who are capable and physically fit enough to combat
external as well as internal challenges. Blood of a healthy lady
with proper quantity of W.B.C. can deliver the goods. The slogan
of “hum do humare do” has generated a wave of awareness and
moreover, taboo against girl child has further made the situation

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more troublesome and awesome. Most of the people in India

like to have male baby instead of female one, thus neglecting the
developing female embryo in the earliest months of pregnancy. The
people want to get rid of female child which urges them to take
the help of medical professionals or trained midwives. A few pills
are suggested for mere expulsion of the developing ova under the
process of transformation from blastocyst to a fairly complex mass
of tissues, deriving nourishment through the budded placenta and
receiving oxygen through their semi-permeable membrane.
Determination of the age of the foetus is the most striking feature
to the evidence linked to the crime scene. Foeticide cases are most
prevalent in Haryana, Punjab, Rajasthan, Delhi and other parts of
India. The ratio of female to male has considerably fallen in Haryana
and other parts of India to the amazing levels. How it is possible
to recoup the difference in ratio of male to female at the time of
wedding? Do all the grooms will be having brides? In India where
polygamy has also been seen in the past. If this state of deprivation
of female babies continues, then the days are not far off, when there
will be a strong conflict due to disproportion and misappropriation
in this regard linked as it is to the population of females.
Imbalance in sex ratio has touched new scales of social insecurity
and hierarchy. Dignity of women is considered of high significance
as it is linked to moral value and ideal way of living, as nobel blood
also flows through the veins of persons with profound values. The
founder of the society are living on the horns of dilemma, now a
days as the young generation has started exploring new relation,
irrespective of caste, creed and colour and no “khap” is tolerating
this kind of illicit relations, which are not above board. Killing of
even pregnant women is gaining momentum due to illicit relations
and the females are even compelled to get themselves aborted
finally. Relation of a particular community having similar surname
related to mother and father are not at all tolerated. Social stigma
of such type has played havoc to mar the life of the couples and if
the girl is found in connivance with that of a particular boy before
or after marriage, then they have to face revengeful attitude of the
society. Due to prevailing tension, there are chances of miscarriage

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or violence can be committed on the female abdomen when severe

stroke or punch is given on a pregnant woman which results into
expulsion of developing foetus with excessive bleeding.
The Circumstantial Evidence
Physical clues which have been collected with proper care
and instruction relating to illegal abortion have to be forwarded
to department of Histopathology and Deptt. of Obstetrics and
gynaecology for ascertaining type of infection and other crucial
factors such as tearing of tissues of various organs, determination
of age of foetus being retained in the uterus. Samples are being
analyzed in the medical hospitals and blood stained samples are
also forwarded to Forensic Science Laboratories for determination
of blood origin, grouping, disputed paternity, detection of foetal
haemoglobin and DNA analysis. Hon’ble Court takes suitable
action against the accused or erring person who have assisted in
illegal abortion or medical termination of pregnancy. The authors
have seen blood stained buckets, buzzing green blue bottle flies,
lumps of muscles in the form of mortal remains and serum tilled
with endometrial fluid and squamous epithelium being sent in
laboratories. These evidence are immediately placed in cold room

• Graph showing relationship between Age and Length of

Foetus:-

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at chilled temperature and processing is further continued to deliver

result in public interests.
Foetal haemoglobin(HbF) can be tested in the laboratory as well as
medical institutes i.e. taking the services of experts in gynaecology
as haematopoiesis is well demonstrated in the embryonic face
first in the yolk sac by 14th day and thereby on 10th week the liver
becomes of the larger size. Foetal haemoglobin can be analysed
and well differentiated from the normal haemoglobin by performing
different kinds of chemical tests. Normal haemoglobin value of a
female is about 12- 14 gm/dl which gets reduced proportionately to
the developing age of foetus in the uterus, if not supplemented with
rich source of food materials/iron and folic acid tablets.
References
3. Padubidri,V.G. and Daftary.N Shirish 2008, Shaw‘s textbook of
Gynaecology, Howkins & Bourne, vol. 14th pp 220-224.
4. Dutta ,D.(E). 2004, Text book of Obstetrics, vo1.6th ,pp 173-178.
5. http://www.google.com/ultrasound

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Drug Traffic in A.P. - A Case Study

Dr. G.V. Jagadamba* & O. Narasimha Murthy**

Key words
Drug Trafficking, Cocaine, Amphetamine, LSD, MDMA, N D P S Act,
TLC, HPTLC, GC-MS.

Abstract
Drug trafficking is an inevitable social threat. The real drug traffickers
are rarely caught. Previously India was not among the countries with
high drug-trafficking. Lately, the increase in the number of Trafficking
cases (Narcotics & Drugs) has underlined the urgent enactment of
necessary laws to successfully combat the traffickers and consumers
of narcotic substances/drugs.
The present case study attempts to illustrate the alarming situation in
the trafficking. The role of Forensic Science Laboratories is important in
the scientific analyses of the substances in these cases. The processes
involved in the analyses are also dealt in the present case-study.

Introduction

T he recreational use of illicit drugs is one of the most serious

societal problems. The possession, use and sale of illicit drugs
have been the subject of government control since the early part of
the twentieth century.
Narcotic drugs act on central nervous system, as a) Depressants

Author Intro.:
* Asst. Director, SFSL, Hyderabad, A. P.
* Director, SFSL, Hyderabad, A. P.

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(eg. Opiates, Morphine, Heroin, Brown sugar etc.); as b) Stimulants

(eg. Cocaine, Amphetamine group drugs etc.); as c) Hallucinogens
(eg. THC, Bhang, Charas, Ganja, etc.). Psychotropic substances
are mood altering substances, either natural or semi-synthetic (eg.
Diazepam, Alprazolam, LSD, MDMA etc.). Precursor chemicals
are the chemicals which are required for the preparation of
drugs (eg. Acetic anhydride, ephedrine, pseudo-ephedrine,
N- acetylanthranilic acid, anthranilic acid, etc).
Diazepam, Alprazolam, etc. psychotropic substances are commonly
used as Toddy- adulterants to make undue profit. The internationally
famous / popular / much used drugs viz: morphine and cocaine,
etc are not in the reach of common man. Hence, obviously only
economically/ financially affluent people can and are affording these
for consumption. The result is in the public knowledge. In Andhra
Pradesh, so far, personalities from fields like cinema, TV, corporate
world and high profile youth are caught with these substances in
their possession. The sources are across the boundaries of country.
Drug trafficking leads to money laundering, corruption and other
crimes, including sexual exploitation & narcoterrorism, etc. The low
production cost and high profits lead to drug trafficking transcending
the geographical boundaries.
A wave of synthetic stimulant drug abuse has been reported in
recent years. A variety of such compounds are encountered in
the laboratory as drugs of abuse. A brief introduction of such most
abused drugs recovered in the present case is given below.
1. Cocaine
It is a naturally occurring substance-a stimulant derived from the
Erythroxylon coca plant. The coca plant grows in only one part of
the world, the Amazon slopes of the Andes Mountains in South
America. Most commonly, cocaine is sniffed or snorted and is
absorbed into the body through the mucous membranes of the
nose. It is a powerful stimulant to the central nervous system. Its
effects are:increased alertness and vigor, accompanied by the
impression of hunger, fatigue and boredom. Since cocaine is a
naturally occurring alkaloid, all that is necessary to abuse it is to

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extract it from coca leaves.

Cocaine is normally found in the laboratory, in paper or plastic
packs of white powder.
2. Amphetamine & Methamphetamine
These are a group of synthetic drugs that stimulate the central
nervous system. They have been popular illicit drugs. Both drugs
have legitimate medical uses. They are legally marketed as stimulants
to relieve lethargy, drowsiness and depression. Both have also been
prescribed for hyperkinesis and both have been used as appetite
suppressants. Because they are so frequently abused, they are
seldom produced for licit purposes.
Street level amphetamine and metamphetamine are normally
submitted to the laboratory as white to half-white powders with
relative low purity (eg. 5%).
3. Methylenedioxymethamfetamine (Mdma)
MDMA is the prototypical member of a large series of phenethylamine
designer drugs and has become one of the main drugs of abuse
in many countries in Northern Europe. Clandestine production is
centered largely in Europe. These drug substances are collectively
known as the ‘Ecstasy’ drugs.
MDMA is the most common drug encountered in ecstasy tablets.
The tablets are typically 10mm in diameter, either flat or biconvex
and weigh approximately 300mg. The MDMA content varies in its
“mg” say in the range of 80 to 100 ‘mg’ per tablet.
4. Lysergide Lysergic acid Diethylamide(LSD)
LSD is one of the most potent hallucinogens. Lysergic acid is
also produced in clandestine laboratories using, most commonly
ergometrine or ergotamine tartrate as the starting material.
Nowadays, LSD is encountered mostly in paper-dose form. The
paper-dosages are produced by soaking pre-printed paper in
a solution of LSD. These sheets are then perforated into squares
typically (5mm x 5mm) with each square (‘tab’) containing
approximately 50 g of LSD. One small droplet (approx. 50 g) can

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cause visual and auditory hallucinations that can last up to 12 hrs.

The designs on the paper can vary from one design per square to
one large design that covers many squares. They are called ‘window
panes’ and can be eaten. LSD can be absorbed through skin also.
Case Details
The Sub Inspector of police of one of the important police stations,
along with another Sub Inspector and a Deputy Commissioner
of police of West Zone waylaid at a specific spot, as a result of
credible information that contraband drugs would be changing
hands at that time. They found a person (A-1) moving suspiciously
and apprehended him. On inquiry it was found that he was having
drugs in his possession and that he was awaiting another man
bringing drugs, travelling by Hyderabad bound bus from Mangalore,
Karnataka.
The bus came from Mangalore and the person (A-2) identified by
the 1st suspect (A-1) was also taken into custody. The A-2 revealed
that he procures the drugs from European connections (A-4). He
further stated that he was selling the drugs to the buyers of twin
cities (Hyderabad and Secundrabad) and other metros through
agents. The driver of the bus (A-3) had concealed the packet of
drugs beneath his driving seat. He said that huge amounts were paid
to him for being a part of the ‘Drug Racket’. A case was registered,
under 20(B) of NDPS Act.
All those suspected contraband narcotic drugs were seized and
were forwarded to the Narcotics section of APFSL for analysis,
after complying with all the requisite formalities. A brief description
of the sample drugs seized is required as this case attracted large
public attention.
The substance materials of entire case was received in eight
polythene packets and these were labelled as A to H serially.
These were in the form of:
• Green colour tablets (A, B & F)–item nos 1, 2 and 6.
• Orange colour tablets (C)–item no.3.

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• A designed paper of two square units partitioned by perforation

(D)–item no. 4.
• White colour crystalline substance (E)–item no. 5.
• A designed paper of three square units partitioned by perforation
(G)–item no.7.
• White colour powdery substance (H)–item no. 8.
The general approach to the analysis of these drugs is taken from
the standard procedures given in Clarke’s Analysis of Drugs and
Poisons (Vol I & II).
The Analytical Plan
The step-wise analytical plan was based on the principles of analytical
chemistry as laid down in the methods prescribed in the book by
the Association of Official Analytical Chemists. All the reagents and
chemicals used are of analytical grade and HPLC grade.
The preliminary analyses are conducted through chemical
examinations by colour tests. The names of the tests conducted and
the results obtained are given in the Table-I
All the samples are then subjected to qualitative analysis by TLC &
HPTLC methods.
TLC
Stationary phase: Silica gel ‘G’ coated glass plates.
Mobile phase : Methanol : Ammonia
(100 : 1.5)
HPTLC
Stationary phase : HPTLC plates (10X10cm precoated silica gel
60 F 254)
Mobile phase : Methanol : Ammonia
(10 : 0.15)

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The used solvent system gave a good resolution. The location reagent
gave orange colour spots when sprayed with dragendorff reagent.
The Rf values obtained for standard samples and test samples were
matched with the literature available and they corresponded with
each other. The chromatograms of the samples along with their Rf
values are given in Figure-2 and Table-II.
The samples were studied by scanning them (in appropriate organic
solvents) with the help of UV-vis spectrophotometer (at scanning
wave length 200-400nm with aqueous acid & aqueous alkali
modes).The spectrum and the value of the max of the spectrum
were compared and matched with the standard values given in the
literature.
Finally, the results of the above analyses are confirmed through GC-
MS also. The samples were separated, purified and dissolved in
methanol and subjected to GC-MS application developed.
Column : 5% phenyl methyl (30m X 0.25 micron capillary).
• Injector temp : 2600C
• Detector (MS) : 2850 C
• Oven - Ramp0 C --- Temp0C --- Time (Min)
- --- 900 C --- 0.5 min
100C --- 1250 C --- 1min
250C --- 2850C --- 8min.
• Carrier gas : Helium
• Flow : 0.80 C/ Min
• Sample injection Volume : 0.5 ul.
The figure 3 gives the pictures of spectra of the samples.
The principal peaks at m/z –
For N-Methyl-3, 4-Methylene Dioxyamphetamine (MDMA -
Ecstasy):

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58, 135, 77, 51, 30, 56, 136, 59, 42, 89.
For Amphetamine:
44, 91, 42, 65, 45, 39, 63, 120, 89, 51.
For Cocaine:
82, 182, 83, 105, 303, 77, 94, 96, 42, 81.
Results
The analyses and the tests conducted on the suspected narcotic
drug samples reveal that Methylene Dioxymethamphetamine
(MDMA)–a stimulant/hallucinogen, commonly known as Ecstasy
is found in four of them (items 1, 2, 3 and 6). Amphetamine – a
stimulant is detected in one item (Item 5) and Cocaine–a narcotic
drug is detected in another item (Item 8). The suspected LSD acid
blot papers (Items 4 and 7) could not yield any positive result for
lysergic acid, through instrumentation, though their physical &
morphological appearance was indicative of the drug.
Conclusion
An unassumingly petty case of a small time drug trafficking, pulled
at one end, moved the entire channel of connections. And the
channel is across the frontiers of the country–Netherlands in Europe
to Hyderabad of A.P, India. This is one case; there are many such
cases, some brought to book and many others, not.
In assessing the potential danger of drugs, society is particularly
conscious of their effects on individual behavior. The statutory
control over narcotic drugs is exercised in India through a number
of Central and State enactments. With the passage of time and
developments in the field of illicit drug traffic and drug abuse at
national and international level, many deficiencies in the existing
laws are noticed.
The scheme of penalties under the present act is not sufficiently
deterrent to meet the challenge of well organized gangs of smugglers.
Further, no minimum punishment is prescribed in the present law,
as a result of which drug traffickers have been sometimes let off by

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the courts with nominal punishments. The country has, for the last
few years, been facing the increasing problem of Drug Trafficking,
mainly from some of our neighbouring countries.
In view of what has been stated above, there is an urgent need for
strengthening the existing controls over drugs of abuse; enhancing
considerably the penalties for Trafficking offences; and making
provisions for the implementation of decisions taken in international
conventions, relating to narcotic drugs and psychotropic substances
to which India is also a party.
Acknowledgements
Author is grateful to Sri O.N. Murthy, Director, APFSL, for his
guidance, moral support and encouragement. Author wishes to
thank Smt. M. Bharathi and Sri M. Sanjeev Kumar, Joint Directors
for their moral support. Author also wishes to acknowledge the
technical support by Smt. V.R. Gunasheela, Assistant Director
& Sri S. Sanjeev Rao, Scientific Officer.
References
1. Jay A seigel, Forensic science – the basics, CRC press.
2. P. K. Jain, Commentaries on the NDPS Act 1985, 1990 and 1993.
3. Working Procedure Manual on Narcotics and Psychotropic
Substances 2005- Directorate of Forensic Science.
4. Recommended methods for testing opium/crude morphine.
Manual for use by national narcotics laboratories, United Nations,
New York, 1987.
5. The Narcotic Drugs and Psychotropic Substances Act, 1985,
Government of India.
6. Clarke’s Analysis of Drugs and Poisons: Third edition, Vol. 1 & 2.
7. APFSL Analytical Procedures Manual (FAP-112, 2007).

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Drug Traffic- A Case Study

Figures & Tables
Figure – I

Table - I
Chemical Test (Colour Tests)

Sl. Name of the (i) (ii) Scott’s (iii) (iv) p-DMAB

No. Sample Marquis test Simon’s reagent
test test
1. A-I Item-1 Black - Dark Blue -
2. B-I Item-2 Black - Dark Blue -
3. C-I Item-3 Black - Dark Blue -
4. D-I Item-4 - - - -
5. E-I Item-5 Blue green - Purple -
6. F-I Item-6 Black - Dark Blue -
7. G-I Item-7 - - - -
8. H-I Item-8 Light Blue - Red
Orange- Colour
Yellow eners the
chloroform
layer
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Table - II
Sl. No. Name of the Sample Rf Value
1. A Item-1 0.26
2. B Item-2 0.27
3. C Item-3 0.28
4. D Item-4 Nil
5. E Item-5 0.38
6. F Item-6 0.29
7. G Item-7 Nil
8. H Item-8 0.73
Figure - 2
Chromatgrams

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Figure - 3
Spectra from GC-MS

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

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Stranger Rape: A Situational

Analysis
*Dr. Vibha Hetu

Keywords
Stranger Rape, Situational Analysis, Traditional Cultures, Virginity,
Violence, Resistance.

Abstract
Most people regard stranger rape as the most serious assault
as evident by the growing cases of stranger rape. Stranger rape is
generally thought to involve more force, display and use of weapons,
and physical harm but, also more resistance by the victim. In traditional
cultures, a woman who loses her virginity, even by rape, is considered
soiled; thus, the assault is always a matter of shame. The situation is
a concomitant factor for the rape committed by the stranger. Using the
narrative account of two females, victims of stranger rape, this paper
outlines how important it is to engage with the complexity of ‘situation’
leading to rape.

Introduction

I t is stranger rape that women picture when they hear the word
“rape”. Stranger rapes are what Estrich (1987) refers to as “real
rapes”, meaning they are given more credibility and are more likely
to receive legal remedies. Most people regard stranger rape as the
most serious assault (Tetreault & Barnett, 1987), including victim
themselves, as evidenced by their greater reporting of stranger

Author Intro.:
* Asstt. Professor, O. P. Jindal Global University, Sonipat, Haryana.

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rape. Stranger rape victims (53%) are also more likely to label their
experience as rape than are acquaintance rape victims or date rape
victims (23%) (Muehlenhard, Powch, Phelps& Giusti, 1992; Koss,
Dinero, Siebel& Cox, 1988). The Rape, Abuse & Incest National
Network (RAINN, 2000) found in its research that less than one in
three rapists were a stranger to the victim.
However, an estimated 20% to 50% of rapes each year are committed
by strangers to the victim (Madigan & Gamble, 1991). Stranger rapes
and acquaintance rapes are equally devastating to the victims (Koss,
Dinero, Seibel& Cox, 1988). Stranger rape is generally thought to
involve more force, display and use of weapons, and physical harm
but also more resistance by the victim (Ullman & Siegel, 1993; Koss,
Dinero, Seibel& Cox, 1988). There is a curvilinear relationship
between the amount of violence used by the perpetrator and the
degree of acquaintance between the victim and the perpetrator.
Although there is a belief that the most violent rapes are stranger
rapes, Ullman and Siegel (1993) found no difference between
stranger and acquaintance rape survivors in terms of ethnicity, age,
income, education, or psychological symptoms. However, stranger
rape survivors are more likely than acquaintance rape survivors to
reach out to a friend, relative, or professional helper and are more
likely to report the attack to the police (Siegel, Sorenson, Golding,
Burnam& Stein, 1989; Koss, Dinero, Seibel& Cox, 1988).
In a sample consisting mainly of Asian-American students, Mills
and Granoff (1992) found that while 28% of the women were rape
or attempted rape victims by legal definition, only one-third of
these so labeled themselves. Mori, Bernat, Glenn, Selle and Zarate
(1995) suggest that Asian women will thus be less likely to report the
rape due to failure to recognize it, fear of negative repercussions,
and self-blame. Some women resist the label of rape because the
cultural meaning attached to it is intolerable (Holzman, 1994).
Mori et al. (1995) reported that Asians are more likely to endorse
negative attitudes towards rape victims and greater belief in rape
myths. More acculturated Asians were more positive towards rape
victims and less likely to believe rape myths (Mori et al., 1995).
As these studies illustrate, the impact of rape must be understood

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in the context of the survivor’s own cultural religious beliefs and

experience as an immigrant or refugee (Holzman, 1994). Race, class,
culture, age, and sexual orientation affect every aspect of recovery
from the rape experience. According to Holzman (1994), “The
dynamics of rape involves the ways in which power and violence
are structured by a particular culture, not just the psychodynamics
of the individual perpetrators or victims. Rape is both a tool and
a consequence of an interlocking system of oppression based on
these factors. Those who have the least power in a society are the
most vulnerable to rape”. In traditional cultures, a woman who loses
her virginity, even by rape, is considered soiled; thus, the assault is
always a matter of shame (Boemel & Rozee, 1992).
Tool of Social Dominance
According to Madigan and Gamble (1991), rape is a re-enactment
of social dominance, no matter who the victim or the perpetrator
is. Its motive is the subjugation of another person and demonstrates
contempt and objectification of another. It is the acting out of the
power roles. Feminist theories that incorporate power analyses
into explanations of rape can effectively explain both male-on-
female and same-sex sexual assaults. Male power, domination,
and physical force are part of the structure of U.S. society (Liddle,
1989). That is because gender is but one of many power and status
categories. Power roles can also be defined by economic status,
physical size and strength, rank, or social status and be reinforced
by personal traits such as aggressiveness, hostility, lack of empathy,
and emotional unavailability.
Sec. 375 of IPC says, “The offence of rape is one which is committed
by a man who has a sexual intercourse with a woman against her will,
without her consent or even with her consent when that consent
has been obtained by putting her in fear of death or hurt, whereby
fraud when he is not her husband, he obtains her consent making
her believe that he is another man to whom she is, or believes
herself to be lawfully married, or when she is intoxicated or when
she is under sixteen, irrespective of her consent (Indian Penal Code,
1872). “Penetration is sufficient to constitute the sexual intercourse

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necessary to the offence of rape”. Full penetration is not an essential

ingredient of rape. It would amount to penetration if some part of
male organ goes within the labium of the pudendum of the woman,
no matter how little.
A man convicted of an offence of rape is punishable under Sec. 376
IPC with imprisonment of either description for a term which shall
not be less than seven years, but which may be for life or for a term
which may extend to ten years and shall also be liable to fine.
A Situational Analysis
As a focal point and perspective, the sociology has taken over
the place of psychiatry in the study of rape (Brownmiller, 1975;
Geis, 1977). The three major approaches by sociologists are: -
Cultural Approaches, Institutional Approaches and The Situational
Approaches. The situational approach really has not been codified
as an “approach” or “perspective” but has been a matter of
collecting situational aspects of rapes with no connecting concept
of the situation. In Amir’s study (1971), there is a vague conception
of the social situation, but the importance of the situation is stressed
from a social control point of view. Amir points out that it is not
enough just to gather information about personality factors, for
even the most criminal personality only commits crimes in certain
situations.
The elements of the situation, examined by Amir (1971) include
the role models for normative and social support of a crime, or
the more general social situation. He also points out that the social
situation must be one in which the criminal can neutralize social
control and observability while maximizing opportunity. Other
studies employing “situational” elements in rape do not do so from
any single theoretical perspective but after the fashion of a multiple
factor theory or simply as a statistical listing of situational aspects
in rape cases. Hursch (1977) uses the concept of the situation to
denote different ecological aspects of rape and points out that some
places provide better opportunities for rape than others.
V. K. Bajaj, U. N. Joshi and K. P. Krishna (1983), conducted a study
on “Some Personal and Situational Aspects of Rape Victimization”

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and the study was focused on laboratory analysis of rape cases. It

looked into some personal and situational factors underlying rape
victimization. To find out the linkage of personal and situational
attributes with rape, the study was focused on 245 alleged rape
cases referred to Forensic Science Laboratory, Sagar, Madhya
Pradesh. Data revealed that most of the rape victims were around
17 years of age and unmarried; they had been raped in the outfield
during summer and rainy seasons.
Ram Ahuja (1987) in his book “Crime against Women” highlighted
a study conducted in Jaipur on 42 rape victims. The study showed
that the rapists were by and large situational or at the most partial
planners, drawn into sexuality by chance. Mostly they were married
persons who sexually assaulted females known to them. The main
cause of rape which came out in the study was not a long enforced
celibacy thrust upon the offender by his parents resulting in a
need to handle sexual satisfaction; nor was the cause his perverted
personality or set of values. Their contention was that the cause
of sexual attack was to be sought in the following 5 factors: - 1.
The structure of the situation in which rape was committed; 2. The
situational “facilities” which enabled the rape to be committed;
3. The precipitating factor(s) that lead to the event, 4. Strains
experienced by the attacker, which was his values and his individual
problems, and 5. Victim’s ehavior with the assailant much before
the rape was committed. A holistic approach to the combination of
these factors alone could give us the correct cause of rape.
Magnitude of the problem
Rape cases are increasing in the country every year. As per statistics
collected by Delhi Police, the total number of rape cases reported
was 381 in 2001, 403 in 2002, 490 in 2003, 551 in 2004, 658 in
2005, 623 in 2006, 598 in 2007, 466 in 2008, 469 in 2009 and
507 in 2010 (Crime in India, 2010). It means during the last 10 years
(2001-2010) reported rape cases have risen in Delhi City. There is
33% of an increase in rape incidents in Delhi City in the last 10
years.1687 rape cases were reported during the period 2006 Jan to
2008 Dec, out of which 1639 rape cases involved offenders known
to victims whereas 48 rape cases involved offenders unknown

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to victims. 97.15% of the rape cases involved known offenders,

whereas, 2.85% of the rape cases involved strangers (2006-2008)
(Crime in India, 2006, 2007, 2008).
Aim of the Study
The utility of analyzing single case studies in order to test
sophisticated theoretical postulations about interlinked and
idiosyncratic phenomena has been demonstrated across a range
of social scientific fields (Yin, 2009). The case study analysis that
follows is discussed in this spirit. It focuses on interviews with
victims of stranger rape cases that comprise just a small part of PhD
work on “Human Rights Violation of Rape Victims: A Sociological
study in Delhi City” under a Government of India Fellowship
Scheme for Doctoral Work in Criminology and Police Science
from Bureau of Police Research and Development (vide order No.
32/29/2007-RD). The duration of PhD was from November, 2006
to March, 2011.The Study had adopted an exploratory research
design. Since, the universe of the study was quiet big; stratified
random sampling method had been adopted. Rape victims of
total 1687 rape casesreported during the period 2006 Jan to 2008
Dec, out of which 130 unmarried rape victims (8 percent) were
chosen from the age group of (3-25). The data was collected from
the 11 Police Districts: North West, North East, North, Central,
New Delhi, South, West, South West, South East, East, and Outer.
North West and North East had registered the largest number of
rape cases during the period 2006 Jan to 2009 Dec, so maximum
rape victims were interviewed from these areas.
It was found that 93.8% of rape victims knew the accused from
before, whereas, 6.2% rape victims did not know the accused from
before. The pen portrait of Gudiya and Seema (names changed)
that follows is derived from the interviews conducted with them
using the Free Association Narrative Interview Method (Hollway
and Jefferson, 2002).
Case Study I
This is a case of Gudiya (name changed), a nine year old girl, who
was raped in 2007 winter. It’s easier to execute rape with a girl as
old as Gudiya, because they don’t understand the meaning of that

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act and they don’t reciprocate.This girl at the time of incident was
studying in class III and belonged to medium class family with a
monthly income of Rs. 20,000- Rs. 25,000/month. Her both parents
were working. Her father was working in Government Department
as a clerk and her mother worked in a shop as a saleswoman. There
was an elder sister who was eleven years elder to Gudiya and was
married off to a man at the age of seventeen. That means Gudiya
had company of her sister till age six, but, after that, whenever she
came from school or on weekends, she spent most of her time
with her friends in her neighbourhood. She lived in a semi-urban
locality.
Gudiya was highly loved by her parents and father seemed to
pamper her more. She received small gifts from her parents very
often and loved to play with dolls. Gudiya had a very happy
childhood. According to Gudiya, ‘I love my friends and the time
spent with them. At times, I feel lonely when my friends go to take
a nap in the afternoon, and I don’t get any sleep in my house. I
sometimes sleep in my friend’s house in the afternoon. Aunties in
the Neighbourhood are very nice, especially Pinky’s mother (one
of her colony friend); she sometimes cooks food for me. But, when
my mother comes home around six o’clock, I come back to my
house’.
On the very day of her rape, Gudiya was asked by her father to go
and buy milk from the market. It was around 8 P.M., when Gudiya
left the house. By this time, both the parents were in the house. And
it wasn’t unusual for Gudiya to go out, because she went at times
to buy household things. The market was in the nearby locality. Her
parents were old residents of Sultanpuri and were well known to
the neighbourhood and also to some shopkeepers in the market.
She bought milk, paid money and started to walk back home alone.
In between the house and the market, there was one small patch
of land in the road, which was not fully bright, but was lighted by
only one street light. One man approached her, while walking that
road. He stopped the bicycle before Gudiya and told her to stop.
Gudiya got startled and stopped. This man had called her by name,
so she thought he must be someone known to her father. The man

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told her that he knows her father and has some important papers,
which is supposed to be returned to her father. He can hand over
those papers to her, provided she comes along. Gudiya nodded.
He then, helped Gudiya climb the bicycle and took her to a park,
which wasn’t very far away from the market.
He got down from the bicycle and took her by hand and left the
bicycle outside the park gate. Gudiya said that she got little scared
going in to the park which was all dark, except a faint light coming
from very far away. She clung to him more and asked him ‘Uncle,
how far is the place’, to which the man replied, that they have
reached the place. The park was full of trees, he stopped under one
tree. He sat down in the park and made her sit in his lap. She did
not mind it, as her father also used to cuddle her many times in the
lap. The man then, started to talk to her about her likes regarding
food, dolls, her parents etc. He started kissing her on her face, lips,
and neck and thereby, put his hand inside her frock. She pointed
out to her chest and said that he pressed hard on her nipples, to
which she cried out with pain. According to Gudiya, ‘Uncle shouted
at me and told me to keep quiet. I got scared, because Uncle got
very angry. But, tears kept rolling down my face, but, I stopped
letting out any noise’.
He unbuttoned her sweater, opened her frock and underpants.
While, all these times, he had been fondling her private parts,
touching her thighs, kissing her face, etc. He slid down his pants and
told Gudiya to lie down on the grass. Gudiya refused to do it, so,
he pressed himself on her and made her lie down on the grass. She
started crying out very badly, when the coldness of the grass touched
her body. She said ‘Uncle was very bad, he made me lie down nude
on the grass and when I started crying, he slapped across my face
and told me to remain quiet. He hit me with something very hard
twice in between my thighs.’ She pointed out to her vaginal area,
and said it was very painful for her. She was about to let out a
scream, when the man closed her mouth. He kept on moving over
her until she could feel something warm and sticky on her private
parts and around inner thighs.
He loosened his grip over Gudiya and wiped his hands on the grass.

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Gudiya got up from the grass and started wearing her clothes. The
man adjusted his clothes and started to walk back alone. When
Gudiya saw him going, she ran to him and caught his hand. She
asked him to leave her to the place, where he had picked her up
from. The man left her to that place and rode back in the bicycle.
Gudiya reached her house at around 9 P.M. She had difficulty
walking back home alone, as it was very painful physically and she
was emotionally drained while crying out very badly. When she
knocked at her house door, she was about to faint. Her parents
were shocked to see her in that condition. Their feelings were
mixed with anger, rage, frustration, etc. Her family had become
numb for a while, but, later, they decided to go to the Police-
station, and from there, rushed her to the hospital. Gudiya’s case
has not reached the court, because the assailant has not yet been
caught. She was thrown out of the school as the word regarding her
rape had spread in the neighbourhood. She suffers from insomnia
and severe headache. She doesn’t take any interest in the study or
playing any games. Her childhood friends have stopped talking to
her and most of the times;she is found sitting alone and looking
blank, or simply lying in the cot.
Case Study II
Seema (name changed), was a fourteen year old girl, educated
upto class VII. Seema belonged to a joint family consisting of total
ten members. Seema was second among her siblings. She had two
brothers and three sisters. Her grandparents were staying with her
family. Her house was all crowded because there were only three
rooms. There was always lot of work at home.There was seldom any
time when family gathered to talk or enjoy merry time. But, Seema
always took out time for studies and was very good in studies and
also at games in school. Seema was a promising student and had a
bright career.
This unfortunate incident took place with her in 2008 summer,
when she was returning from her tuition classes. It was around
thirty minutes past five in the evening, when a van slid close to
her; one man opened the door and pulled her inside. She said

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that she usually returned from her tuition classes along with one
or two girls, buton that unfortunate day, she was all alone. She was
pulled inside the van in a full bright day from a busy road of Narela.
Strangely enough, nobody came to her rescue. It might be possible
that before anybody could come for her help, she was pulled off
the road. Before she could realize what was happening to her, she
was already inside the van. It was as if it happened in the flick of
moments. She was pushed under the seat and a tape was pasted
on her lips. The man who was trying to control her movements
was very strong by body and she was too meek to fight back. He
tied her hands. All this while, he kept on smiling beastly at her and
using very abusive and derogatory words. She recalled that he was
a middle aged man and his teeth were all stained with tobacco.
His hands were so hard that it meant that he did much of manual
labour using his hands.
She was struggling as much as she could. There was lot of space at
the back of the van, as the man had now folded the backseat. He
was now sitting on her chest and trying to get complete grip of her.
She was slapped many times, and physically and verbally abused.
The only thought that kept coming to her mind was how to get
away from this situation. She couldn’t help but watch him ruin her
life. She was crying of pain and her tears kept rolling down, but
this man did not have any mercy on her. The more she fought, the
more she got kicked. She was hurt all over her body and her body
had started to ache. She was already suffering from the bouts of
pain and had become physically drained. She remembers both the
persons’ faces very well. She was only raped by the middle aged
man and not the one, who was driving. She obviously had no idea
where she was being driven to, and the whole time, the van was
running on the road.
The man had almost torn her upper clothes. He had opened his
pants and was sitting on her chest, so that his private parts could
touch her breast. He even committed cunnilingus with her. After
that, he raped her. He had scratched her thighs and breast. Although,
she was a full grown up girl, her body was very tender and soft. She
had started to feel tired after keeping up fight all this while. By the

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time he was done, she was already in a fainted mode. She doesn’t
remember anything after that. She found herself in the hospital
at around 10 P.M. Her parents had reported about her missing
at around 6.30 P.M. in the evening to the Narela Police station.
When she was discovered from some park in the Punjabi Bagh, and
brought to the hospital in the unconscious state, her parents were
informed. They immediately rushed to the said location.
The parents, siblings, grandparents, all are in shock and despair.
The victim hardly talks, and has completely drawn herself from the
friends and books. She was once upon a very promising student, but,
now she cannot concentrate for long. She suffers from symptoms of
PTSD (Post Traumatic Stress Disorder). Since, then, her whole family
has been trying to keep her happy and to help her recover from this
trauma, but all in vain. There is not even a single positive sign of
recovery. The accused has been caught and the court proceedings
are on.
Discussion
Everything was going good with Gudiya till the time the rape incident
had not taken place with her. The rape incident brought about
complete devastation to her life. It was not only her, but, her whole
family’s peace was raped. This unfortunate incident has caused
them life-long pain and more so, with Gudiya, the after-effects of
rape are long lasting. The life for them has drastically changed. They
don’t even know who has caused this pain to them.
Gudiya had a very happy childhood. It’s just that, she spent little
time with her parents. Both the parents were working and usually
used to get home late in the evening. That little interaction only
consisted of the queries regarding her studies, or any programme
taking place in the school, or about her friends, etc. Most of the
times, she interacted with her father, and the mother was usually
occupied with the cooking in the kitchen. So, Gudiya never got any
lesson regarding with whom to interact or not to, lessons regarding
how to be careful in certain situations, etc. It’s obviously not
possible to prepare any child to face such situations, but from the
age of Gudiya, formal lessons can be taught like not to believe any

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stranger, not accept anything offered by an unknown person, never

go with any stranger no matter what he says etc. When Gudiya was
asked by an unknown man to come along to collect some papers,
she went with him, knowing fully well that she hadn’t met this man
ever before.
She didn’t fight back at the time of rape, can be well understood.
The child of this age cannot understand the meaning of rape. After
having his way with her, the culprit simply started to walk away
and it was Gudiya, who caught his hand from back and told him to
leave her to the place from where he had picked her up. The girl
was in such a fearful condition that she approached her rapist to
leave her to the previous place, knowing well that he was the one,
who had caused her physical pain. When she was being picked
up by the stranger, nobody noticed and while, dropping her off to
the same place, no body known to her either from the market or
neighbourhood saw them. She reached her house all alone in pain.
Her parents were so occupied with their work in the house that
nobody noticed how much time had passed, after Gudiya had left
for the market at around 8 P.M. and had not returned even after
forty five minutes past eight. The parents thought that she must
have been playing with her friends in the colony. It was all these
little things that could have been taken care of at appropriate time
would have had saved the girl from falling prey to rape. The place
was not very far off where she was raped. If someone had gone in
search of her, the story would have been different.
The second case is a gruesome case. Seema, while walking home
alone after tuition class was trapped and raped in a moving van.
After rape, she had no idea when and where she was thrown, who
picked her up and rushed her to the hospital. A girl of fourteen
years was brutally raped by a middle aged man, almost equal to
her father in age. Narela is such a crowded place, yet the girl was
picked up from such a place without anyone noticing it, or nobody
cared about anything taking place on the road and did not even
care to inform the police.
The case highlights two things: People with criminal propensity have
become fearless and the society, neighbourhood, and the police are

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inefficient to combat such crimes. There must be someone who

must have noticed, but did not come to help, may be fear for
life or taking too big a risk by putting oneself in trouble was not
possible for the person. All this while, when the van was moving,
there was not a single check post or police patrolling who could
have stopped the van for checking and would have had prevented
the rape crime.When the culprit was throwing the girl in the park,
nobody saw it. And someone who saw the body, it was already
approximately 9.30 P.M. It cannot be depicted when the girl must
have been thrown in the park just before that time when it was
discovered or was lying much before that. If she was still in the van
till this time, then, the accused must have been looking for a place
to dispose off the body of the girl. When they found a suitable
place, they got rid of it.
Female chastity in India is also a necessary condition for the marriage
of a girl, and an unmarried girl who is known to have been raped, in
most instances loses her chance for marriage (Jacobson& Wadley,
1977; Papanek, 1973; Yalman,1963). Whatever the reasons, no
body of any age is safe from rape. In India, as in other countries,
rape on children is also quite common as there is a superstitious
belief that gonorrhea and syphilis can be cured by having sexual
intercourse with a virgin (Modi, 1982). In both the cases, the girls
were virgin, and the offenders involved were much older to them
in age. Sanders (1984) stated that rape rarely occurred between 9
A.M. and 4 P.M. and the number of rapes invariably doubled after
4 P.M., when the girls generally returned home alone at that time
after attending the school. Both the girls were raped after 4 P.M.
Stranger rape is generally thought to involve more force, display,
and use of weapons, and physical harm but also more resistance
by the victim (Ullman & Siegel, 1993; Koss, Dinero, Seibel & Cox,
1988). In both the cases, it was found to be absolutely true. Further
resisting the rapist or fighting him to a great extent depends on
whether the victim is a child or an adult (Peters et al., 1975),
whether she is related closely to the offender (Amir, 1971) and
whether the offender used any weapons (Burgess & Holmstrom,
1975; Gilmertin, et al., 1983). If the victim is a child, or if she is
related to the rapist as a friend or as a relative, or if the victim is
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being attacked by the rapist with a weapon, etc. one may expect
them to show less resistance than one who is an adult, and who is
being assaulted by a stranger and who is facing a rapist having no
weapons to force her to submit (Peters et al., 1975). The findings
in the present study support the above contention by showing
that no resistance was shown by younger age victim, whereas the
teenage victim had put up resistance towards the stranger.
Amir (1971) points out that even the most criminal personality
only commits crimes in certain situations. The social situation must
be one in which the criminal can neutralize social control and
observability while maximizing opportunity. The two case studies
points out the fact that both the females at that point of time were
found to be vulnerable and were present in such area where the
accused were convinced that they can commit rape easily without
getting in to trouble. Gudiya was walking all alone at around 8
P.M. on a dim lit patch of road and Seema was walking all alone
on the road made them an easy prey and their vulnerability caught
the attention of the assailants and thereby attacked. The way the
crime was committed by both the offenders shows that they are
fearless of any legal sanction and are there to challenge the system.
It is the acting out of power roles.
In both the cases, the parks were not well-lighted and were not
well-maintained. It had so many bushes and trees grown in the
boundary area that actually made the place more viable and
gave good opportunity to the rapists to execute their crimes. In
the cases, non-alertness and non-awareness among the family
and the neibourhood went a long way to cause this crime. More
surveillance and vigilance by police can help prevent such heinous
crimes. Some kind of physical training and sex education can play
a positive role in avoiding getting in to trouble. Parents should
devote more time in imparting knowledge necessary for growing
up girls as well as have more compassion and love towards girl
child. Alert neighbourhood, well-lit street and park which are
not dense with trees, and police patrolling in the areas which are
deserted, could have prevented the unknown persons from taking
advantage of minor girls.

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Conclusion
The situation plays an important role in stranger rape cases, as the
vulnerable girls (especially those who are younger in age) are trapped
by the unknown offenders in a place where no one can reach them
or the offender knows that nobody will reach out to rescue them.
Stranger rape cases are known to involve violence perpetrated by
the accused and more resistance put up by the victim. The victims
give out a mix response of shock and surprise, when confronted
with a stranger. Stranger Rape is the most horrendous of the sexual
offences, even more disastrous than the date rapes or acquaintance
rapes. Its gravity is not in the injury to the body alone but in the injury
to self-esteem and self-respect. The physical battling and assault,
which accompany stranger rape are not only what constitutes rape
but it is the injuries added to the insult. While all rapes result into
total emotional devastation, child rapes particularly inflict gross
physical damage on the victim. Victims of the stranger rape cases
have survived a horrifying, humiliating, degrading, brutalizing,
demeaning and dehumanizing experience. When the offence of
rape occurs, the victim’s sense of self as well as her body is abused
without consent. She loses her most basic human right: Control of
her physical and emotional self. The victim’s psychological response
to rape primarily reflects her reaction to violation of self. Therefore,
they deserve to be treated with dignity and compassion.
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