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Vol. 4. No.

5 & 6 January - December, 2019 ISSN: 2349-1086

International Journal of
Social Studies

A Biannual Referred Journal


International Journal of Social Studies

Cite this Volume as 4 Vol. 5&6 International Journal of Social Studies (January-
December, 2019)
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International Journal of Social Studies

Editorial Board

Patron
Prof. Shanta B.Singh
Criminology and Forensic Studies, School of Applied Human Sciences,
University of Kwazulu Natal, Howard College Campus, Durban, South Africa

Editor-in-Chief
Dr. Mridul Srivastava

Executive Editors
Dr. Geetanjali Srivastava
Ms. Deeksha Sharma & Ms. Amreen Rehman

Executive Assistant Editors


Dr. Avinash Chandra
Dr. Taru Mishra
Mr. Nitish Kumar Soni
Mr. Aniket Srivastava
Ms Jyoti Yadav
Ms. Shalini Saxena

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International Journal of Social Studies

Advisory Board

Prof. Sultan Khan


Sociology Programme, School of Social Sciences,
University of KwaZulu Natal, Howard College Campus,
Durban, South Africa

Mr. Anurag Srivastava, IRS


Commissioner Income Tax Bangaluru,Karnataka

Mr. Dheeraj Kumar, IAS


Special Secretary, Department of Social Welfare, Government of Uttar Pradesh

Mr. Chandra Prakash, IPS


Additional Director General of Police,,
Government of Uttar Pradesh

Dr. Sharad Kulsheshtra


Additional Inspector General (Prisons),
Government of Uttar Pradesh

Mr. Mithilesh Kumar Mishra


Senior Manager (Environment & R &R),
Khed Infrastructure Pvt. Limited, Pune

Mr. Nikhil Maurya


Member and Advisor,
Late Narendra Kumar Srivastava Foundation, Lucknow

Dr. Neelam Ahirwar


Advisor, Late Narendra Kumar Srivastava Foundation, Lucknow

Ms Kavita Rashmi
Advisor, Late Narendra Kumar Srivastava Foundation, Lucknow

Ms Ruby
Advisor, Late Narendra Kumar Srivastava Foundation, Lucknow

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International Journal of Social Studies

Article Review Board

Ms. Annie Cardoz


Scholar, Bond University, Australia

Prof. A.N.Singh
Former Head, Department of Social Work, University of Lucknow, Lucknow

Prof. Vijaya Sethi


Dean, Department of Social Sciences, Shri Ram Swaroop Memorial University,
Barabanki, U.P.

Dr. Indira Srivastava


Associate Professor, Iswer Saran Degree College, University of Allahabad, Allahabad

Ms Namita Saxena
Head of the Department, Indian School, Dubai, UAE

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International Journal of Social Studies

Contributors
Prof. Shanta B.Singh
Criminology and Forensic Studies, School of Applied Human Sciences,
University of Kwazulu Natal, Howard College Campus, Durban, South Africa

Nomakhosi Nomathemba Sibisi


Criminology and Forensic Studies, School of Applied Human Sciences,
University of Kwazulu Natal, Howard College Campus, Durban, South Africa

Sazelo Mkhize
Criminology and Forensic Studies, School of Applied Human Sciences,
University of Kwazulu Natal, Howard College Campus, Durban, South Africa

Dr. Mridul Srivastava


Assistant Registrar & Faculty in Criminology
Dr. Ram Manohar Lohiya National Law University, Lucknow

Dr. Geetanjali Srivastava


Assistant Professor, Department of Social Work, Shri Ram Swaroop Memorial
University, Lucknow

Ms. Amreen Rehman


Law Student, Dr. Ram Manohar Lohiya National Law University, Lucknow

Ms. Deeksha Sharma


Law Student, Dr. Ram Manohar Lohiya National Law University, Lucknow

Ms. Devika Rana


Assistant Professor, Graphic Era Hill University, Dehradoon, Uttarakhand

Ms. Zoya Khan


Student, The Millennium School, Lucknow

Mr. Akshat Shukla


Student, The Millennium School, Lucknow

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International Journal of Social Studies

International Journal of Social Studies


Vol. 4. No. 4 & 5, January-December, 2019

Contents

S.No Title of the Paper and Author Page No.

1. The Effects of School Violence on Educators: A Case of a Selected


Secondary School in KwaZulu-Natal 1
Nomakhosi Nomathemba Sibisi, Sazelo Mkhize and Shanta Balgobind Singh

2. An Overview of the Dynamics of Modern-Day Terrorism:


Rethinking a New Approach to Counter-Terrorism Strategies 18
Sogo Angel OLOFINBIYI

3. Agencies and Instruments to Prevent Violence Against Women 34


Dr. Geetanjali Srivastava

4. Investigatory Power of Police Under the Code of Criminal


Procedure, 1973 53
Devika Singh Rana

5. An Innovative Idea to Establish a National Correctional


University in India 73
Dr. Mridul Srivastava, Amreen Rehman & Deeksha Sharma

6. Criminal Psychology 98
Zoya Khan & Akshat Shukla

7. Style for Reference 102

8. Subscription Form 105

9. Copyright Transfer Form 106

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International Journal of Social Studies

viii
The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

The Effects of School Violence on Educators:


A Case of a Selected Secondary School in
KwaZulu-Natal
Nomakhosi Nomathemba Sibisi, Sazelo Mkhize and
Shanta Balgobind Singh

ABSTRACT
Numerous studies on school violence have shown that this phenomenon adversely affects
learners and limits their capability to perform well at school. However, many studies have
blindly ignored the reality that educators are also affected by school violence. This paper,
therefore, focuses on an examination of the direct and indirect effects of school-based violence on
educators, with particular reference to those who witnessed it and those who were victims of this
scourge within a school setting. A qualitative research approach was adopted using educators as
interview participants. Educators who are exposed to violence regularly suffer from various
psychological and physical effects. This study identified school-based violence, with specific
reference to gang-related violence and high rates of crime, as drivers of stress and fear among
educators. Reportedly, many learners in the school understudy exhibited behavioural problems
due to adverse socio-economic conditions within the community. Based on the findings, the
study proposes that close collaboration and partnership between the community and the police
should be utilised to address societal problems around and within the school’s premises.
Keywords: Community violence, educators, gangster-based violence, school violence/
school-based violence, victimisation, violence

INTRODUCTION
According to MacNeil and Steward (2000:232), school violence is “any intentional
act, verbal or physical, that result [sic] in pain to another individual” in a school
context. When people refer to the negative effects of school violence, they normally refer
to the effects it has on the learners; hence most literature focuses on the impact of school
violence on learners, whereas only a few authors refer to its effects on educators. Various
researchers such as Barbarin and Richter (2001) focused predominantly on the
psychological impact of school and community violence on learners in South Africa,
whereas only a few researchers conducted studies on the effects of school violence on
educators. The latter phenomenon is a particular problem in the United States (US) and
has also reared its ugly head in South Africa (Daniels, Bradley & Hays, 2007).

University of KwaZulu-Natal, College of Humanities, Durban, South Africa


Email: nomasibisi92@gmail.com Mkhizes1@ukzn.ac.za

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International Journal of Social Studies

Community violence is indirectly and sometimes directly linked to the violence


that occurs on school premises. Educators are always at the forefront of dealing with
violence in schools, which generally occurs in the community and spills over into
schools (Crawage, 2005). South Africa is currently confronted with high levels of crime-
related violence, which seems to increase annually and has a negative effect on the
youth. Incidences of crime-related violence are often associated with the easy access
young people have to drugs and weapons and their involvement in gangs.
The Bill of Rights, which is entrenched in the Constitution of the Republic of
South Africa (Act No. 108 of 1996), stipulates that, in the school environment, “learners
have the right to a clean and safe environment that is conducive to education”
(Oosthuizen, 2003:39). Thus, efficient teaching and learning can only be attained and
maintained in a school environment that is safe and free of violence. However, this has
become difficult to attain because violence is prevalent in most parts of the country
where gangsters threaten safety and security. The attainment of a safe schooling
environment is possible only if schools are characterised as institutions of learning
that are “free from any form of crime and violence” (Bartol & Bartol, 2005:50-51). School
violence has become a global epidemic affecting the first world and developing countries.
It essential that other scholars know about the levels of school violence in the country
and mechanisms the country uses to cope with the epidemic.

THEORETICAL FRAMEWORK
The theories that underpinned this study were the deviant place theory, the bio-
ecological system perspective, and the culture of violence theory. The deviant place
theory highlights the fact that “… exposure to dangerous places makes an individual
more likely to become the victim of a crime” (Seigel, 2006:76). The fact that Wentworth
is a disreputable area that is well known for gangsterism and high rates of crime
illustrates this point. According to the 2015 crime statistics, 629 drug-related crimes
were reported in the Wentworth area at the time. Many of these crimes reportedly
spilled over to school premises where vulnerable educators and learners were exposed
to victimisation and abuse. According to this theory, safety precautions in affected
areas may have little effect because it is the conditions in the neighbourhood, and not
citizens’ lifestyle choices, that result in instances of victimisation (Seigel, 2006).
Educators can also be victimised by non-school persons who enter the school
premises intending to cause disruptions. When aggressive learners make threats against
educators or physically harm them, their behaviour implants fear in other educators
who work in the same environment. This is a form of indirect victimisation (Strobel,
2004) which inspires fear of direct victimisation in teachers.
The ecological systems model is also significant in understanding school violence,
as the underlying factors that lead to school violence may often originate from multiple
personal factors or from factors that may stem from the environments that individuals
come from (Khani, 2016:29). Therefore, although the theory focuses predominantly on

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The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

learners, its significance to the study was that it indicated how educators were affected.
Violence perpetrated by learners and other young people due to the manner in which
they had been brought up and the impact of the environment on their behaviour. This
theory holds the notion that a person and his/her environment are independent units
that dynamically interact with and influence one another (Stead & Watson, 2006).

Microsystem
The ‘microsystem’ is the most basic unit of any system. In an educational context,
it consists of patterns of activities, the role of and internal relationships within the
home and school, and relationships with peers as experienced by the developing person
(Du Plessis, 2008). In this context, learners’ behaviour is informed by what happens
around them socially, or it can be learned through people who are close to them. Ward
(2007:17) states that violent behaviour in young people “results from a complex
interaction of risk and protective factors in different environments and over time, which
influence how children learn behaviour. Various scholars have argued that the family
is one of the most, if not the most, influential socialising contexts in childhood and
throughout adolescence. Research has shown that it is more problematic for children
to have violent parents or a parent involved in criminal activity than to have lost a
parent (Ward, 2007). The second most influential factor in a learners life is his/her
peers. It has been shown that adolescents tend to turn more to their peers and siblings
for social support than to their parents, especially if there is family discord (Govender
& Killian, 2001).

Mesosystem
South Africa’s young people live in an environment where they learn that violent
behaviour is rewarded and where they feel that violence is likely to solve their problems
and will make them feel powerful and worthy (Ward, 2007). When looking at school-
based violence, one should not only look at what happens in school, but one should
also critically look at the community in which the school is situated. The social context
in which children spend most of their time plays a vital role in how children behave
socially. For example, learners join gangs in the community, and those gangs infiltrate
the school community. However, gangsterism is not a prerequisite for violence in schools,
as learners who may or may not be involved in gangs are frequently found carrying
weapons in schools. Reference?

Exosystem
The exosystem comprises aspects of the environment beyond the immediate system
containing the individual, including neighbourhoods. Donald, Lazarus, & Lolwana
(2006) mention that the level of the exosystem includes other systems in which the
child is not directly involved, but which may influence the people who have proximal
relationships with the child in his/her microsystem, e.g., a parent’s workplace.

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International Journal of Social Studies

Disruptive learners tend to have parents who do not provide adequate supervision or
are not actively involved in the lives of their children (Espelage, Bosworth, & Simon,
2000; Georgiou & Fanti, 2010; Low & Espelage, 2013). Parents that have to work long
hours, overtime, and those that do not live with their children because of work do not
get enough time with their children for proper parenting which comes with enforcing
discipline. These parents do not get enough time with their children for proper parenting,
which comes with enforcing discipline. Contextual factors such as low socioeconomic
standing and family stressors (e.g., death of a loved one) set the stage for physical
punishment that in turn influence childhood aggression that carries over into schools
(Lansford, Deater-Deckard, Dodge, Bates, & Pettit, 2004). These children are influenced
by various individuals while their parents are not around.

Macrosystem
Aspects of the macro system that influence other lower layers include cultural
characteristics, political upheaval or economic disruption, all of which can solely or
collectively shape development and influence all the lower layers of the ecosystem.
According to Du Plessis (2008), violence has forever been present in the lives of South
Africans and has become particularly predominant among the Black and Coloured
population groups since the apartheid era (Crawage, 2005). It is for this reason that the
selected study site was one of the largest Coloured communities in Durban. The
structural inequalities that the apartheid regime embedded in South African societies
resulted in overcrowded and poverty-stricken townships that have become the breeding
ground for violence. As a result of the historical legacy of violence and disruption in the
South African education system, children have become socialised to deal with their
problems in aggressive and violent ways (Zulu, Urbani, Van der Merwe & Van der
Walt, 2004).

Methodology
The study employed a qualitative method as it endeavoured to understand the
participants’ subjective views on the topic under investigation. The data collection
technique utilised a process of in-depth interviews with purposively selected educators
who participated voluntarily. The data were analysed thematically through a process
of identifying and highlighting the themes that emerged.
The interview data collection approach in exploring school violence was therefore
preferred over merely gathering figures and numbers quantitatively. Trustworthiness
was also ensured through the usage of a tape recorder through the duration of the
interviews. The researcher kept all evidence of all the material that had been obtained
throughout the study.

Setting and sample


The study site was a secondary school in the Wentworth residential and industrial

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The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

area in Durban. Wentworth is one of the oldest townships in the city on the east coast
of KwaZulu-Natal. A combination of socio-economic issues such as lack of job
opportunities, poor housing conditions, pollution, and health problems renders the
community vulnerable to crime and victimisation (Jaggernath, 2010).
The research involved sixteen educators who were teaching at the school and
who voluntarily agreed to participate in the study. Although this small sample size
seems insignificant in the context of violence in schools across South Africa, Denscombe
(2008) emphasises that “a small sample size is quite in keeping with the nature of
qualitative data collection”. This study adopted a qualitative research approach and
employed the purposive sampling technique (i.e., on-random or non-probability
sampling strategies). The participants were selected since they would be able to provide
information pertaining to the research topic.

Results
The findings revealed that all sixteen of the study’s participants had witnessed or
experienced incidences of violence at the school. The educators experienced two distinct
forms of school-based violence, namely; verbal and physical abuse aimed at them. Of
the sixteen educators who were interviewed, fourteen had experienced verbal abuse,
whereas only three had experienced physical abuse by learners. Against this
background, the findings are categorised under various themes and are presented as
verbatim quotations by unidentified participants who are referred to by pseudonyms.
It was found that the educators had experienced either acts of violence directly
aimed at them, or that they had witnessed violence among learners on the school
premises. Some educators had witnessed violence among learners in their classrooms,
and others had witnessed it among groups in the school. The participants reported
that violence among the learners had become so severe that one of the learners had been
killed during an incident at the school, which traumatised both learners and educators.
The constant presence of school violence and conflict had obviously increased these
educators’ state of stress, and it was revealed that school violence had emotional as
well as physiological consequences for their everyday work situation. These findings
are corroborated by Hill (2010:13) that “the constant presence of school violence and
stress increases educators’ arousal to a stressful response which has a negative effect
on the emotional as well as physiological reaction to their everyday work situations”.

Forms and types of violence witnessed/experienced by the


respondents
Some educators had experienced violence that was directly aimed at them. One
female educator, referred to as Ms Grey, felt that the learners had targeted her. She
related her experiences as follows:
All sorts of things have been done by the learners towards me in this school. Firecrackers

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International Journal of Social Studies

and water bombs were thrown into my classroom while I was teaching. Learners have vandalised
my classroom door and written vulgar messages on the walls. A boy in the school who had a stick
with nails in it once threatened me. I have even had a learner push me on my forehead.
Mrs Kumar corroborated similar behaviour, making the following statement:
“I have experienced verbal violence from a learner when I was trying to discipline
them. The argument could have resulted in me being physically assaulted if I had not
backed down. I kept quiet because I felt that I was intimated by the learner because it
was a boy.”
All the educators who were interviewed had witnessed violence, whether it was
aimed at them or not, and they had been affected by it. The educators had witnessed
learners stabbing, fighting, and bullying. The participants agreed that most of the
incidences of violence among learners had involved boys. These fights threatened to be
fatal at times, as learners used objects such as pencils, scissors, and belts during these
fights. Pointed scissors and belts with big heavy metal buckles had been banned from
the school premises because learners had used them as weapons during fights.

Dangerous working conditions


According to the participants, the violence that they had experienced had resulted
in fear. Educators were afraid of confronting aggressive learners, and thus, they were
cautious of assisting in dissolving fights. According to Bezuidenhout and Joubert
(2003:65), “based on the terrifying conditions in many South African schools, educators’
fears are genuine as some educators have been stabbed, assaulted and robbed during
school hours.” These feelings of anxiety and helplessness were exacerbated by the fact
that learners carried weapons to school and that they were sometimes under the
influence of drugs when they engaged in fights.
The findings revealed that incidences of violence also involved non-school
persons. For instance, Mrs. Talker shared the following information:
Two schoolboys once fought in the school - they were carrying knives. The fight
resulted in one of them passing away. That incident was a traumatic experience for
educators who had witnessed the whole thing. One of those who tried to assist got
injured…
Weapons were frequently confiscated from learners, which was information that
reinforced the reality that educators who dared to confront learners who manifested
deviant behaviour were constantly at risk of retaliatory attacks on them. For instance,
Mr Govender mentioned the following:
As an educator, you feel afraid of what might happen if you try to discipline or
assist, and you get injured in the process. I have a family and children to take care of; if
I get harmed my family stands to lose. I am not willing to put myself in a life-threatening
situation again… Who will take the responsibility?

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The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

The educators felt that violence had become ‘the norm’ among learners. They
mentioned that most learners’ first reaction during a disagreement or a
misunderstanding was to revert to violence. They did not realise that there were means
of resolving conflict other than aggression and violence.

Social ills that exist in the community


According to the educators, the community had a significant influence on how
learners behaved in school. A school does not function in a vacuum but is part of a
broader community. Most learners in the school grew up in a violent community, and
many of their family members were members of gangs, and therefore, violence had
become a part of their lives. South Africa’s young people live in communities where
they learn that violent behaviour is rewarded and where they feel that violence is likely
to solve their problems and make them feel powerful and worthy (Ward, 2007:36). Most
of the learners in the school understudy had lived in Wentworth all their lives in
neighbourhoods that were riddled with crime, violence, and gangsterism. All the
educators that were interviewed believed that what happened in the community had a
great influence on the learners’ behaviour. This finding is supported by the bio-
ecological systems theory as it posits that a person and the environment are independent
units that dynamically interact and influence one another (Stead & Watson, 2006).

In this context, Mrs. Russel commented as follows:


There was once an incident when gang members jumped over the fence with big knives
onto the school grounds. The boys knew in which class the boy they wanted was hiding. The
learner that they were looking for saw them and ran to the office. The gangsters did not follow
him to the office, but teachers heard them saying, ‘You won’t run forever...we are still going to
find you’.
Mrs Smith had also experienced the fear and threat of gangsterism. She said:
… I have had gang members in my classroom before and it was a horrific event.
It was further revealed that educators were always cautious when trying to
discipline their learners. One of the educators, Mrs. Russel, stated the following:
I try by all means not to single out a learner in class because it can further aggravate
the learner.
The respondents agreed that gangsterism does not occur in isolation but is always
accompanied by a number of other social issues that invariably involve violence and
drugs. Of the sixteen educators that were interviewed, fourteen were aware of the selling
and taking of drugs at school. Mrs. Smith narratedd one such incident:
An incident occurred four years ago in the school and resulted in a learner losing
his life… about cigarettes.

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International Journal of Social Studies

The role of parents


According to educators, parents were not doing enough to assist them. It was
reported that parents did attend meetings with educators when summoned, but this
often made no difference, and the same cycle of violence would repeat itself all over
again, whether the incident involved the same or a different learner. Mrs Shongwe
related an incident involving a parent, in which the parent admitted that she was
helpless:
The parent said, ‘they are also like this with me at home “ I do not know what to
do anymore. So I just say: You have my blessing, you can do whatever needs to be
done.’ Most of these learners find school a place to get away from parents – ‘free time’
where they come to enjoy themselves rather than to actually study.
Mr du Plessis agreed that parents were not engaged in their children’s education.
The following quotation illustrates his feelings:
Parents need to take more responsibility for their children. They believe that the educator
should do all the disciplining. Some parents supply their children with cigarettes to sell on the
school grounds; some are also aware that their children are part of gangs, and they do not do
anything about it.
Mr Kubheka, who had witnessed a disturbing incident involving a parent, stated
the following:
I witnessed parents and their child coming to school carrying firearms. [This was]
when the parents had been called in. They wanted to send a message because the
firearms were visible under their shirts hanging out at the back. In my head I said, ‘One
of these days things will end badly if these issues are not addressed’.
Mrs Talker also feared repercussions when children were disciplined. She
commented as follows:
Some parents are called to school and instead of disciplining their children, they defend
them.
The ecosystems theory states that the family is one of the most, if not thé most,
influential socialising contexts in childhood and throughout adolescence; therefore,
parents play an important role in shaping the behaviour of their children. In this context,
Edwards (2008), Le Roux and Mokhele (2011) state that “children from severely
dysfunctional family structures face enormous adjustment problems which may lead
to a variety of interpersonal, emotional and cognitive deficits and violence.”

Effects of school violence on educators


As in many other professions, educators spend most of their time in the workplace;
therefore, whatever happens in their working environment will significantly affect
their lives. The findings of the study revealed that educators were affected both at a

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The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

professional and at a personal level by the violence that often erupted in the school
where they taught. They mentioned that they were affected professionally in terms of
their work morale and productivity and that their experiences were often extremely
demotivating. According to Shumba (2013:9), the effects of school violence as perceived
by educators impact on teaching and learning. Some were left traumatised by violent
incidents that had occurred in the school. For example, Mrs Samuels stated that the
incidences of violence were severely challenging, not only for herself but for her family
as well. She referred to recurring nightmares that haunted her regularly:
Because of the violent environment that I have been working in I have nightmares.
I dream of a child chasing me with a knife; I keep on running, and they do not get to me.
My family worries about me because of the environment that I work in.
Ms Naidoo also admitted that she suffered severe adverse health effects because
of the threat of violence in the school environment:
It has affected me in the worst possible way professionally because I had to leave
the education profession for some time and I only came back after a while. This was
after the incident of a boy who was stabbed to death and I was directly involved. My
health was also affected. I developed bleeding ulcers, my levels of stress increased,
insomnia increased, and I had a minor heart attack.
Mrs du Plessis referred to the effects of intimidation on educators:
It affects me personally in the sense that you feel intimated, out of control and
helpless when you are directly involved in a confrontation. Particularly if you are
working in disadvantaged communities where a violent outbreak can randomly take
place.
It was clear from the respondents’ narratives that the violence that occurred in the
school caused disruption and trauma because when learners started fighting, it was
the educators who had to step in and separate them. However, their involvement did
not end with merely stopping fights: each incident had to be addressed at a disciplinary
level as well. Such hearings required hours of commitment outside the classroom while
teaching and learning time was lost.

Availability of support services


Educators’ primary duty is to teach, but due to a lack of resources in government
schools, they also have to take on duties that fall within the ambit of other professions.
The learners in the school understudy came from different backgrounds and experienced
different challenges, many of which could have been addressed by support services.
All the educators agreed that support services would have been very beneficial to them
and the learners, as they would then have been able to focus on teaching instead of
counselling, policing, and disciplining.
Mr Hunter offered the following comment:

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International Journal of Social Studies

The Department of Education does not provide the school with any support
services. The only time they come to the school is when something horrific happened.
Each cluster is only given one psychologist; that person cannot rotate to every school
within a year, which is not effective and beneficial to schools.
Mrs Talker mentioned the following:
I have never received any support services from that school, but I have a good
support system at home.”
Most of the educators needed psychological help such as counselling, but this
kind of service was hardly ever available. The educators needed to draw on other
people for support, such as their family members and other professionals. Evidently,
here were very limited measures in place to offer any support to these traumatised
educators.

Coping mechanisms
Mrs Samuels referred to her faith as a source of strength:
I am a strong believer, and my faith is what helps me get through tough situations.
I normally start the day with prayer with the learners and ask the Lord to guide us
throughout the day, which has been very helpful.
The findings highlighted educators’ need for support services in schools; more
especially in schools that experience violence.
Some comments emphasised the fact that the educators worked in fear of delinquent
learners. Strict and assertive discipline was no longer applied, as educators were always
cautious when trying to discipline their learners. Mrs Russel’s comment emphasised
this impression:
I try by all means not to single out a learner in class because it can further aggravate the
learner.
Mrs Talker mentioned the following:
As educators, especially females, they are afraid of confronting learners alone, so during
lunch breaks, they perform their duties as a group.
It was heartening to note that, despite the many challenges that these educators
faced due to violence and delinquency, they made every effort to ensure that teaching
and learning occurred in their classrooms.

Gender-based violence
The educators shared different views whether the violence directed at them was
gender-based. Male educators believed that it was gender-based to a certain extent
because the learners would normally verbally abuse female educators rather than male

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The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

educators. Typically male educators enforce discipline in schools more, which makes
the female educators more vulnerable to being victimised by learners. Mills (2001)
pointed out that the majority perpetrators of violence within a schooling context are
males. Female educators believed that the violence against educators was highly gender-
based, as it was predominantly directed at them.
However, physical violence usually occurred between and among males, as was
suggested by Mr Smith:
The only time it gets gender-based is when the violence progresses to the point
that it gets physical and occurs between a male educator and a male learner.”
Mr Kumar felt that learners would rather abuse female teachers. He stated the
following:
Learners take female educators for granted. Sometimes you are called to a class where a
learner has been using vulgar language which he or she is unlikely to use in the presence of male
educators.
Ms Naidoo said the following:
A lot of verbal abuse and intimidation is mostly directed towards female educators.
Learners do not respect or treat them in the same way they treat male educators. The
issue of abuse has also gone to some male educators. They have been shown a lot of
disrespect, but female educators suffer more.
The findings thus revealed that it was mostly female educators who were subjected
to aggressive behaviour by learners. Mr Msibi corroborated this observation:
Most of the boys view female educators as targets.
As there were more female educators than male educators in the school, the
suggestion that violence at the school was highly gender-based is open to interpretation.
However, it may be argued that this phenomenon was gender-based because the
probability of violence aimed at female educators was higher, regardless of the fact that
the gender-based probability of the violence perpetrated by learners was questioned by
some educators. Although most respondents commented that this was the case, a more
in-depth qualitative investigation was not conducted to confirm this supposition as it
was beyond the scope of this study.

School environment
This research was conducted in a school situated in the suburb of Wentworth
where most learners of the school resided. Many walked to school on foot, which
exposed them to situations that exacerbated opportunities for delinquency, gangster
involvement, and violence.
Ms Naidoo offered the following insight:

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International Journal of Social Studies

On their way to the school they pass hostels were gangs reside and where drugs
are sold. Some learners stay in these hostels.
Mr Kumar Offered the following insight:
Most of the violent outbreaks in schools occur as a result of spill-over from the
community, especially on Mondays. Learners anticipate what will happen during the
course of the school day and become very restless because they are excited about or
fearful of this potential for violence.
Most of the educators agreed that the community was “unsafe and plagued by
violence, which is predominantly instigated by gangsterism.” This statement highlights
that “greater exposure to dangerous places makes an individual more likely to become
the victim of a crime” (Seigel,2006: 76). Zulu (2004) suggests that, if violence were
allowed to spill over into the school, it could have a seriously detrimental effect on the
culture of teaching and learning in that school.
According to the educators, the learners of the school understudy frequently
witnessed a lot of crime and violence on their way to school and became accustomed to
such acts. Some were not only witnesses of violence, but were victims of various forms
of violence that occurred in the community. The culture of violence theory posits that
even if violence has been normalised in a community, it still has an effect on people,
more especially on those who are constant victims and not perpetrators (Wolfgang et
al., 1967). For example, learners buy drugs at hostels on their way to and from school.
Some learners join gangs and end up missing school on a regular basis because they
leave home but never get to school. Instead, they spend the day with their fellow gang
members doing what gangsters do: rob, intimidate, threaten, and injure. Gang members
thus gain easy access to the school because one of their members has the right to enter
the school premises, which renders educators and other learner vulnerable to their
nefarious acts.

DISCUSSION
The study found that the educators were affected by school violence
psychologically, emotionally, physically, and professionally. Educators’
professionalism was affected in the sense that the violence interrupted their lessons,
thus their sense of professional achievement as educators were impacted. It often
happened that the educators had to deal with incidences of violence, or their lessons
were interrupted, and they had to stop and address the issues that had caused the
disruption. Some educators adapted to the situation by distancing themselves from the
learners in fear of being victimised and abused. Some reported feelings of aggression
towards specific learners as a result of victimisation, and some reported classic symptoms
of “burn out” (Shields, Nadasen & Hanneke, 2014). Educators who had been
traumatised by incidences of violence said that they experienced flashbacks, nightmares
and disorientation. These educators felt vulnerable, afraid and unsafe in the school
environment. Burton (2008) also reported that secondary school educators felt unsafe

12
The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

at the schools that were included in the study, particularly during lessons. The latter
study also explored teachers’ responses to school violence, and the participants reported
a number of symptoms of social and psychological distress that were also exposed in
the current study: anger, powerlessness, and withdrawal from others. The constant
presence of school violence and stress also increased their arousal state for a stress
response, which resulted in emotional as well as physiological reactions to their
everyday work situation.
Based on the findings of this study, it may be argued that a number of factors
contribute to the escalation of violence in South African schools. The first is the inability,
or unwillingness, of the employer (i.e., the Department of Basic Education) to attend to
the plight of educators in violence-ravaged schools. The educators in this study believed
that the department persistently ignored their call for a safer school and did not consider
their needs,yet demanded good academic results and high achievements. Some
educators suggested that there was a devastating imbalance between the
acknowledgement of learners’ rights and the demand that they accept responsibility,
with the former receiving all the attention by the DoBE and the latter being ignored.
Thus, the over emphasis on learners’ rights exacerbates the disrespect they afford
educators. Other findings, which are corroborated by Zulu (2004:171), are that
disturbances in the home, lack of discipline in the home, the presence of negative socio-
economic and psychological factors, a negative school atmosphere, unwise actions
taken by authorities, and the influence of unsympathetic communities can all potentially
give rise to violence in schools. However, this study revealed that educators maintained
a positive and supportive attitude towards the majority of the learners as they did not
have a negative attitude towards schooling. The educators were highly committed
towards the positive learners who did well and out shone the delinquent elements in
the school.
The educators demonstrated the ability to employ coping strategies to a certain
extent, even though some measures were not very effective. These measures demonstrated
their professional sense of responsibility and their ability to cope with school violence
in order to fulfil their academic and educational duties. A study by Saptoe (2000) found
that, contrary to common belief, educators did not indulge in alcohol abuse, drug abuse,
or prescription drug use to combat the effects of stress. One of the coping mechanisms
was to distance themselves from violent learners by not stepping in during fights,
avoiding getting into confrontations with violence-prone learners, and to back down
during one-on-one confrontations. Some educators “fought fire with fire” by “building
a wall” and becoming so strict that the learners were afraid of them. Educators became
strict as way of protecting themselves from becoming victims of learners.
Another coping strategy was to revert to the “pack” instinct. This occurred when
an educator felt threatened by delinquent groups of learners and, rather than confront
the learners individually; they would approach them in a group. This group solidarity
made the educators, particularly female educators, feel safer, and a threatening situation
was often quite easily resolved in this way.

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International Journal of Social Studies

Female educators acknowledged that they used gender-based power relations as


a coping strategy in the school context. In applying this coping strategy, female educators
would call on male educators to deal with a confrontational situation with boys.
According to Ingwa (2015), the school plays a dual role in the construction of
masculinities: first it is an agent in the making of masculinities, and secondly, it also
serves as a setting for the making of masculinities by learners which occurs through its
structures and practices. In this context, it was found that boys were more cautious of
male educators than female educators. This may be viewed through a cultural lens as
beliefs and attitudes often view the female position of authority as below that of the
male. The “deviant” environment in which educators work thus seems to make female
educators more vulnerable than their male counterparts, as aggressive learner more
readily abuse them. Hence, the gender of the victims and their capacity to defend
themselves determine whether they are likely to be victimized (Seigel, 2006). This also
supports the bio ecosystems theory as the community and society influence individual
development and enforce cultural ideologies such as those that place a man’s authority
above that of a woman. It is in this context that male learners tend to respect a male
educator’s authority rather than that of a female educator.
The findings of this study were consistent with those of previous studies that
have suggested that many South African schools are unsafe for both teachers and
learners (Du Plessis, 2008; Duma, 2013; Shields et al., 2008; Zulu, 2004). All the
respondents in the current study reported some exposure to violence, and all had been
indirectly or directly affected by school violence, which made them feel unsafe and
unprotected in their school. Strategies placed by the Department of Education has
proven inefficient enough to solve the problem, and the economic state of the country
cannot afford to have a psychologist in every government school as the country needs
to look at what other countries to do that have proven to effective in other to address the
problem.

RECOMMENDATIONS
The educators recommended that the community and the parents needed to step
in and help reduce violence in the school and the community. It was suggested that
most parents left the responsibility of disciplining their children to the educators; yet,
ironically, many parents tended to defend their children’s behaviour when they was
taken to task. The study found that there were no support staff such as a psychologist,
social worker or other counsellors available to help educators cope with or manage
school violence. Most of the educators believed that the introduction of counselling
services would decrease the epidemic of school violence as these professionals would
be able to address issues that educators had not been trained for and did not have time
to address.

14
The Effects of School Violence on Educators: A Case of a Selected Secondary School in
KwaZulu-Natal

Conclusion and limitations


No school exists in a vacuum but is an integral part of the broader society in
which it is situated. Thus, social ills such as drug use and gangsterism that pervade
society tend to infiltrate schools, and community issues tend to impact school
communities as well. Members of the community thus instigate most violent outbreaks
in schools and incidences of violence occur, especially on Mondays. Learners anticipate
what will happen during the school day and become very restless as they are excited
about or fearful of this potential disruption of the school programme.
Like all other public servants, educators spend most of their time at work, and
therefore acts of violence that occur on school premises are bound to affect them.
Incidences of school violence have increased drastically over the years, rendering some
South African schools unsafe and potential venues for violence. Violence creates an
atmosphere of fear and paranoia in any environment. It is therefore a travesty that,
despite some programs to address the effects of school violence on learners, the
government and the DoBE have neglected, and continue to neglect, the plight of
educators who have become both targets and victims of school violence.
In conclusion, it must be acknowledged that some noteworthy limitations impacted
this study. One limitation was the relatively small sample size compared with the large
school population in South Africa. The researcher thus acknowledges that the results
of the study cannot be generalised to the South African school population. The unique
contextual setting of the participants, as well as their emotional state resulting from
their experiences of violence, might contrast with those of teachers from different
contexts. It must be reiterated, however, that the qualitative and descriptive interpretive
nature of this study elicited insightful and illuminative findings regarding the subjective
experiences of educators who had been exposed to unacceptable levels of violence
within the context of a specific secondary school.

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An Overview of the Dynamics of Modern-Day


Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies
Sogo Angel OLOFINBIYI1

The rebirth of modern terrorism evolved with sophisticated technology into the 21st
century and has gained a dominant popularity among nations and individuals. The paper
demonstrates that terrorism had been unleashed on human settlements for centuries but such
acts had never attracted concerted world-wide focal prominence until September 11,2001(9/11)
attack on the World Trade Centre and Pentagon Building in New York and Washington D.C.
The theoretical thrust of the study is premised on social exchange and conflict theories to shed
light on the discourse of terrorism that pervades the contemporary global societies. Using Boko
Haram terrorism as a potentially useful model, the paper concludes that the world must respond
to an immediate epistemological shift in counter-terrorism strategies from the old violent military
approach to more appropriate culturally acceptable conflict-resolution strategies in order to win
the war against terrorism.
Key words: Crime, Counter-terrorism, Modern Terrorism, Strategies,

INTRODUCTION
According to Rapoport’s submission (2004), terrorism is adjudged to date as far
back as the 1880s. This scholar asserts that modern terrorism began in Russia in the
1880s and that, within the span of ten years, it spread to Western Europe, the Balkans
and Asia. This wave of terrorism was anarchistic and targeted mostly prominent
officials (ibid.). However, the rebirth of modern terrorism evolved with sophisticated
technology into the 21st century and has gained a dominant popularity among nations
and individuals (Rapoport, 2004:38). Several research findings have persistently argued
that acts of terrorism have been unleashed on human settlements for centuries but that
such acts have never attracted concerted global focal prominence until 11 September
2001. It was on this fateful day “that a seemingly indomitable and impenetrable
technological state-of-the-art American security surveillance network was supplanted
by forces of terror to apocalyptic proportions” (Ninalowo, 2011:139). The twin towers
of the World Trade Centre in New York and the Pentagon building (headquarters of the
American defence establishment) in Washington DC were simultaneously attacked by
three hijacked passenger aircrafts that were used by terrorists as weapons of mass
destruction (CNN Report, 2001 September 12; Awake, 2006:4). Thousands of human

1
Department of Criminology & Forensic Studies, College of Humanities, University of KwaZulu-
Natal Republic of South Africa

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An Overview of the Dynamics of Modern-Day Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies

lives were lost and many were maimed. As a consequence of the magnitude of the
impact of the terrorist calamity, sympathetic sentiments, anger, and condemnation
were invoked globally. The degree of the damage, violence and outrage was indeed
unprecedented. The strike against the United States (US) arguably became one of the
most memorable historical events, and President George W. Bush declared a war “that
would never end until every terrorist group of the global reach was found, stopped and
defeated (Rapoport, 2004:46). It is undeniable that terrorism has a linkage with
international security and, by extension, with the threat against world peace. In this
context, the national security challenge that is posed by Boko Haram fundamentalists
in Nigeria re-enforces the claim that security problems in a particular region on a
globalized continent remain a security challenge to all elsewhere in the world (Tersoo
& Terzungwe, 2015:34). However, as a strategy of the powerless against the powerful,
it is not surprising that ethnic movements, political and social minorities as well as
religious organizations often utilize acts of terrorism to drive home their respective
agendas (Rapoport, 1984). Writings about terrorism have been controversial not only
because of its wide perspectives, but also because of the labyrinth of controversies
generated by it (Anger, 2002). Tersoo and Terzungwe (2015:28) argue along the same
lines, stating that “…just as diverse as the techniques of terrorists are, so are the
contending issues about terrorism as well as the tactics of terrorism and the strategies
of curtailing it from ravaging national security and world peace”.
Terrorism remains an entrenched phenomenon in societies and has survived for
centuries as a vibrant tool for those who believe in using it. However, in modern times
the spate of terrorism is taking on new dimensions due to technological advancement,
globalization, and its dominant popularity which was accentuated by the attack on the
World Trade Centre (WTC) and the Pentagon building in the USA on September 11,
2001 (Tersoo & Terzungwe, 2015:39). Put differently, although terrorism has always
been practised, it has emerged as a significant international problem since the 1990s.
Wittkopf and Kegley (1999:45) argue that the changing frequency of terrorism suggests
a general trend of an increasing level of transnational terrorist activities since 1968,
followed by a slight upsurge since 1987.
Terrorism is universally conceived as “a deliberate, calculated and extreme use of
violence or threatened violence, perpetuated by malice, to cause serious harm or violence
against individuals, governments and their assets with the sole intention to attain
socio-economic, political, religious or ideological goals, through intimidation or coercion
or instilling fear on civilian population” (US Department of Defense, 2014; Federal
Republic of Nigeria Terrorism Prevention Act, 2011:1). Terrorism is an incredibly difficult
phenomenon to define. However, the most widely accepted definition of this concept is that of the
State Department of the United States of America, which defines terrorism, in accordance with
title 22 of the United States Code, Section 2656 f(d), as “premeditated, politically motivated
violence perpetrated against non-combatant targets by subnational groups or clandestine agents,
usually intended to influence an audience”. (US National Institute of Justice, 2011). According
to the South African government, terrorism is “an incident of violence or threat thereof, against

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International Journal of Social Studies

a person, a group of persons or property not necessarily related to the aim of the incident, to
coerce a government or civil population to act according to certain principles” (Masuku, 2002).
Although slightly differently defined, the commonality linking these definitions is that of
violence being utilized to influence or force the actions of individuals or groups.
These definitions were adopted for the purpose of the current study. In light of the
complexity of defining terrorism, the world has come to realize that there is no single
definition of terrorism, as “one man’s terrorist is another man’s freedom fighter”
(Laqueur, 1987; Ganor, 2002). It is noteworthy that even those seeking sovereign
statehood or independence, such as the Basques in Spain and Fatah and Hamas in
Palestine, had at different times rationalized their attempts at terrorism (Rapoport,
1984:52).
At this juncture it is important to note the difference between freedom fighters and
terrorists. On this note, the history of our generation has a number of personalities
who fought for freedom in various contexts, such as Ernesto Che Guevara and Fidel
Castro of Cuba; Ayatollah Khomeini of Iran; Gerry Adams of the UK; Osama bin
Laden of Saudi Arabia; Yasser Arafat of Palestine; Samora Machel of Mozambique;
Jomo Kenyatta of Kenya and Nelson Mandela of South Africa. It is also germane to
mention that there are state sponsored or state supported forms of terrorism, for example
the charges that the US levelled in the 1980s against Cuba, the Soviet Union, Syria, Iraq
and Libya, among others. Similarly, others accused the US of sponsoring terrorist
activities in Vietnam, Chile, Nicaragua and elsewhere (Schlagheck, 1990 cited in
Wittkopf & Kegley, 1999). Based on this argument, the hyperbolized quotation argues
that “one man’s terrorist is another man’s freedom fighter and one nation’s liberation
movement can always be another’s terrorist organization”. For instance, Osama Bin
Laden was an indispensable instrument in al-Qaeda’s quest for freedom, but the
Americans launched a US $3 billion project in August 1998 by firing at least 15 American
missiles at the US president’s orders against the same man (Gasper, 2001:3). In another
instance the Jewish underground movement in Palestine, which was referred to as
‘terrorists’ in the 1930s, was suddenly described as ‘freedom fighters’ after the 1942
Holocaust (Dickson, 2005). However, what should be sought after in an attempt to
understand the concept of terrorism is that there is a motive that a person or a group of
people seek to achieve through the threat or actual use of force perpetrated at non-
combatant or civilians to attract or motivate an action. All resilient efforts ever put in
place to curb the menace has always resorted to the emergence of more violent and
deadly terrorist groups with better sophisticated weapons into the 21st century. To
throw more light on this is to briefly explore an overview of the dynamics of modern-
day terrorism in order to unearth the direction to which strategies must be channeled
so as to mitigate the menace of terrorism and restore peace to the world at large.
Recently, abduction has become one of the several instruments of terrorism. The
strategy has been exploited against the US ambassador to Guatemala, Haiti and Brazil;
President Aramburu of Argentina (1970); the British ambassador to Uruguay; and even
the entire executive body of the Organization of Petroleum Exporting Countries (OPEC).

20
An Overview of the Dynamics of Modern-Day Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies

The OPEC executives were released only after the terrorists had made a broadcast
furthering the Palestinian cause over Austrian radio (Anger, 2002). In Africa, terrorism
has taken root since the 1990s. For instance, the US embassies in Kenya and Tanzania
also experienced terrorist attacks by the Al- Qaeda group. Somalia and Kenya have
also experienced different levels of terrorism by the Al Shabaab and Ansaru groups.
Terrorists’ newly adopted tactic of abduction is a modern-day strategy that is made
easier with the use more sophisticated weapons in the 21st century. This tactic has also
been utilized in the Niger- Delta region of Nigeria. Most recently, Nigeria has become
home to abduction by Boko Haram terrorists and Fulani Herdsmen. The abduction of
about 276 school girls from Chibok in the Borno state by the dreaded Boko Haram sect
only a day after the bombardment of Nyanya in Abuja remains one of the most recent
atrocities committed by this group (Vanguard, 2014; This Day, 2014).This paper sheds
light on the discourse of terrorism that pervades the contemporary global societies and
attempts to look at remedy from a new perspective rather than the ancient violent
approach that the world has embarked upon for centuries.

Forms of Terrorism
Therefore, whatever the argument of scholars may be regarding this subject, it is a
truism that terrorism occurs on a global scale and that it ravages national security and
world peace. Considering the theoretical and conceptual arguments of this study, two
forms of terrorism are deemed relevant to this discourse, namely state-actors terrorism
and non-state actors terrorism.
(a) State-actors terrorism is also known as ‘state terrorism’. It is a form of terrorism
that is practised by a government against its own people. It is said to be “a
calculated use of violence, force or threat against the people by instilling fear
through the use of intimidation or coercion with a view of achieving specific goals
and objectives” (Ogunrotifa, 2013). In the same vein, state-actors terrorism is a
form of counter-terrorist acts and tactics used by as tateto suppress dissent, rebels,
anti-status quo, and violent opposition to its rule among its citizens. State
terrorism entails the use of terrorism against weaker states and the use of state
institutions to sponsor or provide logistical support for foreign combatant sects
that engage in individual terrorism against their own state. For instance, in Nigeria
the Joint Task Force (JTF) embarked upon a militarized campaign to fight against
Boko Haram insurgents, which is a classic example of state-actor terrorism. Similar
examples of this form of terrorism also cut across a wide range of global societies
such as the United States, the United Kingdom, Australia, Europe and other parts
of sub-Saharan Africa.
(b) Non-state actors terrorism is also called ‘individual terrorism’. It is a form of
terrorism that is perpetrated by an individual or a group with a view to taking
over a territory or championing a cause or expressing grievances over a general
state of affairs with the purpose of intimidating or coercing a government,

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International Journal of Social Studies

individuals or groups to accept their ideology or their course of action. It is a kind


of terrorism carried out by sect(s) or non state actor(s) against the state and the
ruling class with the aim of attaining certain objectives. They do not trust the
police, courts or other state institutions, and whenever they feel aggrieved, they
seek various means of diffusing their grievances such as through maiming, killing,
disorderliness and violence. Individual terrorism includes suicide bombings,
kidnapping of key political figures, wanton destruction of lives and property,
assassinations, and the killing of individuals believed to oppose their interests
(Ogunrotifa, 2013). Examples of such groups are Boko Haram, Al-Qaeda, the
Taliban, Al-Shabaab, and ISIS which operates in Afghanistan, Pakistan, Iraq,
Syria, Somalia, Libya, Mali and the Middle East, as well as other individual terrorist
organizations that operate in various parts of the world.

Terrorism at a Glance
The concept of terrorism has become a major concern in philosophies, humanities
and in the social sciences following the early writings of Thomas Hobbes, Talcott
Parsons, Auguste Comte, Emile Durkheim, Karl Marx and other philosophers who
critically delved into the discursive framework of the Enlightenment epoch and the
qualitative effects of the French Revolution of 1789 on the European society (Fukuyama,
1992).Although none of these philosophers singled out terrorism as a study, each
commented on it in the course of explaining other pertinent social vices at that time.
Terrorism regained renewed academic vigour following the Bolshevik Revolution of
1917 in Soviet Russia, the counter-revolutionary violence of 1919 in Hungary, and the
events of 1919 in Spain and 1925 in Germany. Coupled with the attendant crises of
these events and the violence and social dislocations that heralded the cold war period
(Fukuyama, 1992 cited in Ogunrotifa, 2013), terrorism became a force to be reckoned
with. The post-cold war era did not usher in a new lease of peace and the end of
terroristic history, as suggested by Francis Fukuyama(1992). Rather, it has been
characterized by brutal killings and campaigns of terrorism and violence in countries
such as Somalia, Afghanistan, Rwanda, the Democratic Republic of Congo, and the
defunct Yugoslavia. The nature of conflict thus changed from international to local
platforms where different state actors and non-state actors engaged in terrorism to
express their discontent and to defend their respective interests.
The escalation of terrorism and the wave of global in security that shaped the
advent of the 21st century were the products of unsettled issues that the cold war had
generated (Ogunrotifa, 2013). Deepening contradictions and the fallout of these
unresolved issues came to the fore following the attack on the NewYork Trade Centre
and Washington DC in 2001, and terrorist attacks in Madrid in 2004, in London in
2005, and in Oslo in 2011 on the one hand, and attacks in non-Western countries such
as Somalia, Pakistan, Afghanistan, Iraq, Yemen and Nigeria on the other hand (Onuoha,
2012; Ogunrotifa, 2013).

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An Overview of the Dynamics of Modern-Day Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies

In Nigeria, savage killings and want on destruction of property characterize the


on-going terrorist attacks by Boko Haram insurgents in the northern part of the country,
whereas the recent Niger-Delta crisis in the southern region of the country was instigated
by sectarian groups and militants as a protest against the Nigerian state (Osaghea,
2005). According to Osaghea, Nigeria’s internal security remained extremely volatile
following a spate of shootings, kidnappings, bombings and suicide assaults at the
time. Almost every week during this period as argued by Osaghea, there were reports of
attacks or threats, putting the security agencies on high alert. The carnage caused by a
series of bombings of most towns and cities left over a hundred dead bodies in its wake,
while charred remains of vehicles dotted the affected places and many public buildings
went up in smoke.
Globally, terrorism has permeated every facet of international society after the
September 11 attacks in the US, and the subsequent ‘war on terrorism’ has left few
areas unaffected by the hysteria caused by the threat of terrorism. Since then, the study
of terrorism has preoccupied the attention of scholars with a view to establishing a
viable foundation for the peaceful resolution of conflicts in the contemporary epoch
(Ogunrotifa, 2013) Basically speaking, the issues surrounding acts of terrorism have
for centuries been a global scourge. As are sult of this, the published works of
distinguished scholars have raised and addressed many issues relating to these
problems. In this context, are view of international research on terrorism revealed several
explanations for why this phenomenon still persists in the contemporary global
societies despite many attempts to stamp it out.

A Social Exchange Perspective to Terrorism Discourse: Insight from


Boko Haram Terrorism
Social exchange theory has been described as a socio-psychological and sociological
perspective that explains social change, orderliness and stability as a process of negotiated
exchanges between parties). The theory has its roots in the works of Levi-Straus (Structural
Anthropology), B.F. Skinner and Albert Bandura (Behavioral Psychology), D. Ricardo, Adam
Smith, J. S. Mill (Utilitarian Economics), Thibaut & Kelly(Social Psychology), and Sociology
(George Homans, Peter Blau). In the sociological parlance, social exchange theory was first
introduced in 1958 by the George C. Homans with the publication of his work “Social Behavior
as Exchange”(See Karen, Cook, Erick, and Rice, 2014). He defined “social exchange as the
exchange of activity, either tangible or intangible, and more or less rewarding or costly, between
at least two persons”(Homans, 1961). After the introduction of the theory by Homans come
other prominent theorists who continued to write about it, particularly in the likes of Peter M.
Blau and Richard M. Emerson, who in addition to Homans, were generally thought of as the
major developers of the exchange perspective within sociological theorizing.
Lambe, Jay Wittmann, Michael, Spekman, and Robert (2001) submitted that the basic
concept of Social exchange theory views exchange as a social behavior that may result in both
economic and social outcomes. Social Exchange Theory, according to (Cook; Karen .; Rice; Eric.,

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International Journal of Social Studies

2010) has been generally analyzed by comparing human interactions with the marketplace.
They stressed further that study of the theory from the microeconomics perspective is attributed
to Blau. Under his perspective every individual is trying to maximize his wins. Blau stated that
once this concept is understood, it is possible to observe social exchanges everywhere, not only in
market relations, but also in other social relations like friendship. (Burns, 1973). The major
difference between social and economic exchange is the nature of the exchange between parties.
Neoclassic economic theory views the actor as dealing not with another actor but with a market
and environmental parameters, such as market price. (Cook; Karen; Emerson, 1978). Unlike
economic exchange, the elements of social exchange are quite varied and cannot be reduced to a
single quantitative exchange rate (Encyclopedia of Public Relations, 2013). According to Stafford
(2008), social exchange involves a connection with another person; it involves trust and not
legal obligations; and is more flexible; and rarely involves explicit bargaining. However, when
Putting together different scholarly ideas about Social exchange process and what it stands for
as a binding force that puts human society together; especially when the exchange is equal on
both sides, one could see that the theory brings satisfaction and peace when people receive fair
returns for their expenditures while it generates fundamental conflicts of interest when people
receive the other side of the exchange .
Several sociological theorizings have made it clear that social exchange theory is a major
theoretical perspective in the scientific study of human societies. Considering the multi-
dimensional perspective of social exchange theory, this paper has chosen to advance the theoretical
underpinning and arguments of George C. Homans and Peter Blau’s global unequal power
exchange to explain the fundamental basis behind Boko haram’s rational decision to embark on
social unrest in Nigeria.
As first espoused by George C. Homans (1961) and Peter Blau( 1964), the theory emphasizes
on the “norms of reciprocity” (i.e the principle of something for something and nothing for
nothing). The excellent idea behind this theory suggests that for there to be peace and orderliness
in human society, the norms of reciprocity must always remain intact. This is a vacuum that is
left unfilled in the Nigerian state and recurrently generates the continuous mayhem entrenched
between the governments and the Boko Haram insurgents. This paper has found this theory
highly suitable for the explanation of Boko Haram’s emergence and escalation in the north-
eastern Nigeria. A good reason for this is that Boko Haram terrorism has been conceived of as an
attendant consequence of unequal hegemonic power configuration as expressed in political,
socio-economic, ethno-religious and cultural forms, implicit in the hidden structure of oppression
against a significant number of the Nigerian citizens particularly in the north-eastern societies
.Consequently, there would be possibilities of resistance and challenge against the sovereign
authority, which eventually evolved in Nigeria as Boko Haram terrorists. Such form of resistance
could be deemed by subaltern actors as moments of emancipatory struggle against shackles of
oppression. By the same token, such struggles for liberation may be well conceived by others as
acts of terrorism (See Martin, 2003; Kashima, 2003; Mandani, 2004). Therefore, what is
depicted as Boko Haram terrorism in Nigeria today may be well perceived within the nexus of
counter-hegemony, that is, emancipatory struggle or collective action against shackles of
oppression infringed on the north-eastern citizens by the political state. (See Ninalowo, 2004,
Gramsci, 1971).
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An Overview of the Dynamics of Modern-Day Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies

We can also look at the relevance of this theory to the study through the sociological lens
of global historical notion of “symbiotic social contract” between the Nigerian political state
and the citizenry, as extensively first explicated by John Locke, Thomas Hobbes, Jean Jacque
Rosseau, among others. In this regard, the political state in the north-eastern Nigeria is expected
to provide instrumentality towards the sustenance and amelioration of the human condition;
chiefly through the provision of primary basic needs of the citizens ( such as formal education,
housing, nutrition, health, clothing, mass transit system, internet facilities , communication etc
). By the same token, the citizenry is expected to fulfill their own part of the social contract by
paying their taxes regularly, discharging their communal obligations and obeying clarion call
to national services. These are unequivocally contents of the Nigerian constitution and the Bill
of Rights of 1999, which numerous citizens of the Nigerian State have been denied of by the
political state. Contrariwise, non-fulfilment or deficit in respect to the terms of social contract
between the two parties could have culminated in conflicting factors that eventually engendered
crisis of legitimation with increasing levels of insecurity in the affected Nigerian communities.
Probably, the continuous anarchy between the Nigerian government and the Boko Haram sect
might have emanated from non-fulfillment of social contract on the part of the Nigerian political
state (such as failure to provide the basic needs of the citizens , material deprivation,
fragmentation and marginalization of political rights, unequal power configuration or failure
of the government to ensure uniform distribution of resources across the nation or various geo-
political zones). However, whatever pattern this chaos could have long taken in Nigeria, this
theory has firmly established the fact that Boko Haram terrorism is a legitimation crisis, as
members of the Boko Haram sect are deemed to be revolting against the sovereign authority;
definitely as a way of expressing their grievances or correcting the political errors of the ruling
class.

Critiques of the Social Exchange Theory


Despite the excellent merit of this theory as regards its critical analysis of the people’s
rational, conscious and calculated decisions to embark on terrorism as a punishment reward for
non-fulfilment of social contract with respect to the acquisition of human socio-economic, political
and religious goals, many critique this theory for presuming that people always make rational
decisions, and point out that this theoretical model fails to capture the power that emotions and
frustrations play in our daily lives and in our interactions with others. Such that made an
appreciable number of aggrieved youths to constantly fall victims of Boko Haram recruitment
in the traumatized region. This theory also undercuts the power of social structures and forces,
which unconsciously shape our perception of the world and our experiences within it, and play
a strong role in shaping our interactions with others. According to Miller (2005), the theory
reduces human interaction to a purely rational process that arises from economic theory,
ignoring other viable perspectives that could influence human decisions and
interactions with one another. It favours openness as it was developed in the 1970s
when ideas of freedom and openness were preferred, but there may be times when
openness is not the best option in a relationship. It assumes that the ultimate goal of a
relationship is intimacy when this might not always be the case. The theory places
relationships in a linear structure, when some relationships might skip steps or go

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backwards in terms of intimacy (See Miller, 2005) The fact that this theory has critically
explained that mode of exchange in all contexts could either be productive, negotiated, reciprocal,
unequal or generalized, is a milestone achievement of this theory; and this account decides what
becomes of human societies in terms of stability, orderliness and workability of all its structural
components.

A Social Conflict Perspective to Terrorism Discourse


The social conflict theory of Karl Marx is a macro-oriented paradigm in sociology.
It views society as an arena of inequality that generates conflict and social change
within the social structure (Marx, 1867). According to Karl Marx, the key elements of
this perspective are that society is structured in ways to benefit a few at the expense of
the majority. This theory sees social life as a competition (or class struggle) and focuses
on the unequal distribution of resources, space, and power within the social structure
(Marx, 1867). To a social conflict theorist, it is all about dominant versus minority
group relations. Marx therefore opined that there was a tainted history of class struggle
in all pre-existing societies and that these conflicts created the impetus and tonic for the
transformation of those societies. However, the primary theme of this theory that focuses
on class conflict arises from the ways human societies produce their material goods
and fail to distribute these uniformly within the social structure. Consequently, in
place of communal ownership of property or material values, there is a constant increase
in the privatization of property and the means of production, thereby leaving active
members of the civil society in abject poverty, frustration and misery. Based on this
theory, it is argued that the conditions of people in northern Nigeria are undermined
and worsened by a few leaders, thereby leading to the dispossession and social
dislocation of the poor masses (i.e., the oppressed). This study viewed social conflict as
an elongation and attendant consequence of the unequal exchange between Nigeria’s
political leaders and the citizenry. It is in this context that members of the Boko Haram
sect emerged in their quest to revolting against the oppression of the minority in the
form of violence and radicalization. Their actions have thus eventually led to the illicit
disruption of the political state and the brutalized termination of lives and the destruction
of property in the north-eastern part of Nigeria.
More specifically, the social conflict theory posits that when a group’s shared
grievances about its oppressive marginalization and unequal distribution of resources
are combined with a strong sense of group identity, there is a tendency for the outburst
of violent responses against the source of their marginalization, either real or imagined
(Gurr, 1994:347–377). This caveat applies to the situation in Nigeria that has been
created by the Boko Haram sect. The argument here is that frustration among the poor
masses, precipitated by factors such as severe poverty, unemployment and corruption
among the ruling elite, has generated a fundamental conflict of interest within the
affected masses who constantly feel oppressed, alienated, deprived, frustrated, and
abandoned. They may thus either find refuge in their religious groups, or are
manipulated to wage an insurgency war against the political state (Adibe, 2012b).

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An Overview of the Dynamics of Modern-Day Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies

Another relevant application of the conflict theory in this study is closely knit
with the frustration-aggression framework which came into being after the
reintroduction of Sharia law in twelve northern states. As a corollary, there was
widespread disillusionment at the way it was implemented, and members of the sect
simply tapped into that frustration (Adibe, 2012a). The relevance of the frustration-
aggression thesis for this study is underlined by the fact that Boko Haram members
have embarked on a revenge mission since the clampdown on their members and the
extrajudicial killing of their leader by security forces in a bloody episode in July 2009.
Since then, most of the sect members have been harbouring intense anger and aggression
towards the Nigerian government and its security forces. There also appears to be
ample evidence that their increased frustration and disillusionment are closely linked
with growing religiosity (Uzodike & Whetho, 2011). When faced with a mélange of
social challenges and severe poverty, citizens of unresponsive state intervention often
turn to religious institutions as a solution and redress. By the same token, such people
may become extremists and zealots in their religious practices. In Nigeria, as well as
anywhere else in the world, such religious extremism is often associated with the
failure of the state to meet its people’s basic needs. This is evident in the capacity of
Boko Haram to recruit and convert poor citizens into terrorism (Jackson, 2007:599). It is
within the context of the conflict, state-failure and frustration-aggression theses that
the Boko Haram reign of terror in Nigeria is situated in this particular thesis. This
study found evidence to argue that the democratic dispensation in Africa, particularly
in Nigeria, has provided a breeding ground for various sectors and social groups to
articulate their concerns more forcefully and effectively than ever before. Their voices
are raised not only through the ballot box, but also through protest activities and even
forms of violent resistance against the political state. This thesis thus acknowledges
the potential connection of Boko Haram terrorism to the issues of class conflict, state
failure, and the frustration-aggression context that currently characterize the Nigerian
state.
The theory presents Boko Haram terrorism as “an expression of an unending
class struggle implicit in the hidden structures of oppression by the political state as
well as the structured contradictions of a global capitalist system” (Ogunrotifa, 2013:1).
The antagonistic class relations between the ruling class and the lumpen class translate
into state and individual terrorism that has manifested prominently as Boko Haram
terrorism in recent times in Nigeria. Through this perspective, it is argued that the
discursive framework of terrorism cannot be analyzed in isolation of its class nature
and the socio-economic conditions that give rise to it. Boko Haram terrorism is a
potentially useful model for the case discussed, thereby making it possible to develop
an analytical construct and explanation for terrorism across global societies.

Critiques of the Social Conflict Theory


The social conflict theory has demonstrated the inclination to argue that human
societies cannot exist without going through some form of fundamental conflict of

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interest, which forms the fulcrum for the manifestation of various societies. Nevertheless,
the theory appears to place over-emphasis on economic relationships as the most
constant and indispensable source of conflict generation in society. On this premise,
the theory is accused of being too economically determinist. This implies that Marxists
over-exaggerate the importance of economic relationships (i.e., relationships that are
seen to determine the shape taken by all other relationships such as family, education,
friendship, religion, and so forth) as the basis of social conflict and the need to transform
societies. It is argued that by concentrating on economic relationships, this theory
tends to either overlook other forms of non-economic conflict or that it attempts to
explain these conflicts as ultimately having economic roots.
The theory is thus heavily criticized as it states that conflict arises from economic
inequality that emanates from an unequal exchange which is implicit in the hidden
structure of oppression by a capitalist society through its political state. The theory
fails to acknowledge the impact of “value consensus” upon which the human society
is structured, as impressionably explicated by Talcott Parsons’s structural functionalism
which submits that all the components of human society must work together as a
whole (i.e., his organismic model) in order to achieve stability, solidarity and orderliness
within the social system .
According Marxists, this theory unfolds that human societies are defined by
inequality that produces conflict rather than order and consensus. However, the
relevance of this theory to the current study was that it was able to pinpoint Boko
Haram terrorism as an attendant consequence of the class conflict that stemmed from
the non-fulfilment of the socio-economic goals of members of the Boko Haram sect in
the north-eastern part of Nigeria.

CONCLUSION
Terrorism is perhaps best viewed as the most popular world-class ancient crime.
It must constantly move forward to survive and indeed to succeed across generations
and territories if no extreme measures are taken to change the course of addressing it,
because terrorism is a perennial and ceaseless struggle. Although a war against
terrorism may be needed to sustain the thriving political will that has been in existence
from time immemorial, the crusade here is that a new approach must be focused upon
to address and mitigate its menace across contemporary societies. The struggle against
terrorism, however, is never-ending. Terrorism has existed for 2,000 years and owes its
survival to an ability to adapt and adjust to global challenges and countermeasures
and to continue to identify and exploit its opponent’s vulnerabilities. For success against
terrorism, efforts must be as tireless, innovative, and dynamic as that of terrorism itself
(See Hoffman, 2002).
More reasonably, the numerous efforts made by United Nations Member States in
the wake of 9/11 terrorist attack to prevent terrorist acts both within American borders
and across regions cannot be undermined , as a number of measures were unanimously

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An Overview of the Dynamics of Modern-Day Terrorism: Rethinking a New Approach to
Counter-Terrorism Strategies

implemented to enhance legal and institutional ability to counter terrorist activities by


taking the following steps:
 Criminalize the financing of terrorism
 Freeze without delay any funds related to persons involved in acts of terrorism
 Deny all forms of financial support for terrorist groups
 Suppress the provision of safe haven, sustenance or support for terrorists
 Share information with other governments on any groups practicing or planning
terrorist acts
 Cooperate with other governments in the investigation, detection, arrest,
extradition and prosecution of those involved in such acts; and
 Criminalize active and passive assistance for terrorism in domestic law and bring
violators to justice (CTCED, 2015).
Arguably, the above measures alone cannot effectively end the war of terrorism.
The question of amelioration of the human conditions with respect to the global
asymmetric or unequal hegemonic power configuration as expressed in socio-economic,
religious, cultural and political forms should be considered highly essential as an
integral part of the United Nations’ measures to prevent terrorism across the world. By
the same token, world’s leaders, policy makers and stakeholders should make basic
needs, information and services available to the people so that they can understand the
adverse consequences of insecurity on the quality of life of fellow citizens as well as its
long-term effects on sustainable development. This will enable them design and adopt
more appropriate policies and intervention strategies that will enhance the general
well-being of the populace. More importantly, United Nations, European Union,
African Union, government and non-governmental organizations (NGOs) should be
sensitized towards making the special needs and concerns of global citizens a priority,
as well as making socio-economic and political infrastructures available to all eligible
citizens. This may safeguard our moral rectitude and ensure individual effective
contributions to national development. Taking such positive steps would deter the
terrorists and all terrorist sponsors from taking undue advantage of the human
conditions to lure and recruit law-abiding citizens into terrorism.
 For instance, roughly a decade of fire-to-fire approach adopted by the Nigerian
government to submerge the Boko Haram terrorist group has hitherto not produced
a desired result. This is an enough empirical evidence to dish out message to the
world that terrorism cannot be fought by means of deploying conventional weapons
alone or by mere implementation of the United Nations’ legal measures given
above. The question is: Are we winning the war against terrorism? Or is the world
safer after the execution of Osama Bin Laden of Saudi Arabia? If the answer is
“NO”, then the war against terrorism can only be won by a diplomatic adoption

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International Journal of Social Studies

of psychological and ideological struggle through peaceful negotiations on equal


terms. In the same vein, all countries of the world must first unite before terrorism
can be defeated. Something which the United Nations has failed to achieve for
over 50 years of its inception. If violent approach against terrorism had been so
efficacious, then the starting point would be to resolve the Palestinian question.
Finally, this paper recommends that the world must respond to an immediate
epistemological shift in counter-terrorism strategies from the old violent military
approach to more appropriate culturally acceptable conflict-resolution strategies
in order to win the war against terrorism. This can only be accomplished through
intelligence gathering, emancipatory struggle, peaceful negotiations and
partnership with local communities.

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London: Mamillan Press Ltd. 6 May 2014.

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International Journal of Social Studies

Agencies and Instruments to Prevent Violence


Against Women
Dr. Geetanjali Srivastava1

ABSTRACT
In Indian society , women has been more considered as a sujected matter of pride
from ancient period . The war of Ramayana and Mahabharat are the significant evidence
of the practice of this ideology. On one hand women is considere as a source of power
especially in religious references, but on other hand the identity of a women has been
considered as a comodity. This practice is not common amongst men only ,but the
attitude of women towards women is same as men in terms of honour based violence in
India.
Honour based violence inlude torture , misbehavior ,undue prohibition on
interaction and movement , abusive language and the most horrible form of honour
based violence is killing of a women due the issues related to prestige and honour.In
India it is not confined to a perticular religion , caste , culture and to a perticular
geographical boundry.This is also not limited to the rural areas and uneducated illeterate
persons but also common amongst educated and well off people of the urban
areas.Honour based violence is reported throughout India except few tribal aresa.The
largest number of cases came from Punjab , Hariyana, Rajasthan and WesternnUP.
This may not be the exact data because most of the cases of honour based violence are
unreported due to the cultural and societal compulsions .
Despite the International and National Institutional efforts and legislation of
Prevention of Women from Domestic Violence Act 2005 in our countery , the attitude of
people towards women is still negative in terms of honour based violence . The psyche
and mind set behiend all forms of violence against women must be understood in
relation to our social structure .Because the mindset is rooted in the local culture when
women are not regarded as human being entitled to rights and cultural autonomy but
as property representing the honour of the male members of her family.
Key words : Pride, Ideology, prestige, cultural autonomy, legislation

1
Asst. Professor, Faculty of Humanities, Shri Ramswaroop Memorial University, Deva Road, Lucknow
Email: kashi_tryambak@rediffmail.com/geetsri111@gmail.com

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Agencies and Instruments to Prevent Violence Against Women

According to Beijing Declaration 1995"Violence against women is manifestation


of the historically unequal power relations between men and women which have
led to domination over and discrimination against women by men and to the
prevention of women ‘sfull advancement”Similarly In the words of Robert Litke
“Violence is an act of aggression that crosses boundary of another person’s anatomy
and identity.”It is coercive instrument to assert one’s will over another to prove or feel
a sense of power. Domestic Violence manifests as verbal , physical or psychological
abuse often in forms of that are more subtle than the violence else where in society. The
term
Domestic Violence implies the incidents of familiar or intimate battering having
references to an idealized family unit functioning in a protected and secluded manner,
appropriately shielded from the public. This idealized conception , the rhetoric of
inviolability of family as an institution , has recognized domestic violence behind an
iron curtain as an unacknowledged phenomenon behind the closed doors of the family
and certified it as a private matter of inmates ,which is neither a concern of public
scrutiny nor of interventions.
In India there are plenty of historical evidences which proven that domestic
violence is cultural phenomenon and never been objected by any formal or informal
authority because the closed doors alienated the victim from remedies and resulted in
a convenient status quo. The hopelessness of their situation harms the women more
than the violence itself as it erodes their personality and faith in their own people.
General violence include Physical ,emotional and sexual abuse , honor killing ,dowry
related abuse and killing Female Foeticide ,infanticid and gender related abuse comes
under the domain of domestic violence .
The semantic meaning of ‘Violence against Women’ is direct or indirect physical
or mental cruelty to women. The journey of violence against women starts in the womb
of mother. Common Forms of violence against women include: Female foeticide^’^
Domestic violence, Dowry death or harassment, Mental and Physical torture, Sexual
trafficking, and Public humiliation, eve-teasing, molestation, bigamy, fraudulent
marriage, adultery and enticement of married women, abduction and kidnapping,
rape, harassment of women at working place, wife beating, dowry death, female child
abuse and abuse of elderly femaleetc. Violence against women may be categorized as:
1. Criminal violence,viz,rape, abduction and murderetc.
2. Domestic violence, example: dowry death, violence against married women by
the in-laws, cruelty by husbandetc.
3. Social violence, example:Sati, Devadasi, Witch Hunt etc.
4. Violence in the office and/or Educational Institution, example: sexual harassment
by employers, fellow mates etc.

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International Journal of Social Studies

5. The extreme tolerance level of the women is strength and weakness as well. It is
submitted that the above discussed theories propose that the woman is a victim of
domestic violence in the hands of their counterparts, but in Indian families, social
construct and psychological built are unique. So it is difficult accept or incorporate
universally any one theory as the cause and effect of domestic violence. The
researcher attempts to develop the thesis in pure Indian context.
1. Traumatic expenence of violence in the offender’s childhood
2. Traditional societal norms of gender in-equality
3. Batterers’ conservative attitude towards women
4. Concentration of faimly decision making in the hands of husbands
5. Violence Against Women
6. Lack of female leadership and social movement
7. Callous attitude and haphazard style of collecting relevant data by the pohce
in the cases of domestic \’iolence
8. Loopholes in law and lack of effective legal provisions
9. Dependence of women Physical incapabilities
10. Inferior economic and social stams of the husband
11. Meek personahtv developed due to socialisati

Protection of Women- International Framework


Preamble to the United Nations Charter says that “The United Nations is
committed to the principle of equality of men and women, meaning equality in their
dignity and worth as human beings as well asequality in their rights, opportunities
and responsibilities. In its work for the advancement of women, the entire United
Nations System has dedicated itself to ensuring the Universal recognition, in law, of
equality of rights between men and women and to exploring ways to give women, in
fact, equal opportunities with men to realize their human rights and fundamental fr-
eedoms.
Domestic violence is recognized in international law as a violation of human
rights. Although early international treaties only provided protection against domestic
violence implicitly, in the 1990’s domestic violence began to receive more explicit
attention with the passage of the General Comment No. 19 by the Committee on the
Elimination of Discrimination Against Women (1992) and the Declaration of Elimination
of Violence Against Women (1993). The past two decades have also seen numerous
resolutions from the UN General Assembly on violence against women, including one
that specifically addressed domestic violence. This section will review the international

36
Agencies and Instruments to Prevent Violence Against Women

treaties and resolutions impacting domestic violence, with a focus on three primary
ways that domestic violence violates human rights: as a violation of basic freedoms
such as the right to life and security of person, as a violation of the right to equality, and
as a violation of the prohibition against torture..

The International Covenant on Economic, Social and Cultural Rights


(1966),
The International Covenant on Economic, Social and Cultural Rights (1966),
together with the Universal Declaration of Human Rights (1948) and the International
Covenant on Civil and Political Rights (1966), make up the International Bill of Human
Rights. In accordance with the Universal Declaration, the Covenants ýÿrecognize that
... the ideal of free human beings enjoying civil and political freedom and freedom from
fear and want can be achieved only if conditions are created whereby everyone may
enjoy his civil and political rights, as well as his economic, social and cultural rights.ýÿ
Article 1 :All peoples have the right of self-determination, including the right to
determine their political status and freely pursue their economic, social and cultural
development.
Article 2 Each State Party undertakes to take steps to the maximum of its available
resources to achieve progressively the full realization of the rights in this treaty. Everyone
is entitled to the same rights without discrimination of any kind.
Article 3 The States undertake to ensure the equal right of men and women to the
enjoyment of all rights in this treaty.
Article 4 Limitations may be placed on these rights only if compatible with the nature
of these rights and solely for the purpose of promoting the general welfare in a democratic
society.
Article 5 No person, group or government has the right to destroy any of these rights.
Article 6 Everyone has the right to work, including the right to gain one’s living at work
that is freely chosen and accepted.
Article 7 Everyone has the right to just conditions of work; fair wages ensuring a decent
living for himself and his family; equal pay for equal work; safe and healthy working
conditions; equal opportunity for everyone to be promoted; rest and leisure.
Article 8 Everyone has the right to form and join trade unions, the right to strike.
Article 9 Everyone has the right to social security, including social insurance.
Article 10 Protection and assistance should be accorded to the family. Marriage must
be entered into with the free consent of both spouses. Special protection should be
provided to mothers. Special measures should be taken on behalf of children, without
discrimination. Children and youth should be protected from economic exploitation.

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International Journal of Social Studies

Their employment in dangerous or harmful work should be prohibited. There should


be age limits below which child labor should be prohibited.
Article 11 Everyone has the right to an adequate standard of living for himself and his
family, including adequate food, clothing and housing. Everyone has the right to be
free from hunger.
Article 12 Everyone has the right to the enjoyment of the highest attainable standard of
physical and mental health.
Article 13 Everyone has the right to education. Primary education should be compulsory
and free to all.
Article 14 Those States where compulsory, free primary education is not available to all
should work out a plan to provide such education.
Article 15 Everyone has the right to take part in cultural life; enjoy the benefits of
scientific progress.

International Covenent on Civil and Political Rights :


The unifying themes and values of the ICCPR are found in Articles 2 and 3 and
are based on the notion of non-discrimination. Article 2 ensures that rights recognized
in the ICCPR will be respected and be available to everyone within the territory of those
states who have ratified the Covenant (State Party). Article 3 ensures the equal right of
both men and women to the enjoyment of all civil and political rights set out in the
ICCPR.

The rights protected under the ICCPR include:


Article 6Rightto life.
Article7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a
contractual obligation.
Article 12 – Freedom of movement and choice of residence for lawful residents.
Article 13 – Rights of aliens.
Article 14 – Equality before the courts and tribunals. Right to a fair trial.
Article 15 – No one can be guilty of an act of a criminal offence which did not constitute
a criminal offence.

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Agencies and Instruments to Prevent Violence Against Women

Article 16 – Right to recognition as a person before the law.


Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.

Beijing Platform for Action


The Beijing Platform for Action, adopted at the UN’s Fourth World Conference on
Women (Beijing, China, 1995), at which Ireland participated, addresses, in particular,
12 critical areas of concern to women globally.
The Beijing Platform for Action is an agenda for women’s empowerment. It aims
at removing all the obstacles to women’s active participation in all spheres of public
and private life through ensuring women a full and equal share in economic, social,
cultural and political decision-making. This means that the principle of shared power
and responsibility should be established between women and men at home, in the
workplace, and in the wider national and international communities.
Equality between women and men is a matter of human rights and a condition for
social justice. It is also a necessary and fundamental prerequisite for equality,
development and peace. To this end, governments, the international community and
civil society, including non-governmental organisations and the private sector, are
called upon to take strategic action in the following twelve critical areas of concern
identified in the Platform for Action:
 Women and poverty 
 Education and training of women 
 Women and health 
 Violence against women 
 Women and armed conflict 

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International Journal of Social Studies

 Women and the economy 


 Women in power and decision-making 
 Institutional mechanisms for the advancement of women 
 Human rights of women 
 Women and the media 
 Women and the environment

The Durban Declaration and Programme of Action:


 Assigning the primary responsibility of combating racism, racial discrimination,
xenophobia and related intolerance to States, the DDPA also calls for the active
involvement of international and non-governmental organizations, political
parties, national human rights institutions, the private sector, the media and civil
society at large.
 The DDPA calls for the universal ratification of the International Convention on
the Elimination of All Forms of Racial Discrimination and its effective
implementation by State Parties to the Convention.
 The DDPA adopts a victim-oriented approach to problems of racism, racial
discrimination, xenophobia and related intolerance. Specific recommendations
are formulated to combat discrimination against Africans and persons of African
descent, Asians and persons of Asian descent, indigenous peoples, migrants,
refugees, minorities, the Roma and other groups.
 The DDPA recognizes that victims often suffer from multiple or aggravated forms
of discrimination based on sex, language, religion, political or other opinion,
social origin, property, birth or other status. It highlights the gender dimension of
racial discrimination and attributes a key role to women in the development of
programmes to combat racism and intolerance.
 The DDPA emphasizes the importance of preventive and concerted action,
especially in the field of education and awareness-raising, and calls for the
strengthening of human rights education.
 The DDPA calls for comprehensive national action plans to eradicate racism,
racial discrimination, xenophobia and related intolerance. It calls for the
reinforcement of national institutions and it formulates concrete recommendations
in the areas of national legislation and the administration of justice.
 The DDPA outlines measures to address discrimination in the fields of
employment, health, policing, and education. It calls on States to adopt policies
and programmes to counter incitement to racial hatred in the media, including on

40
Agencies and Instruments to Prevent Violence Against Women

the Internet. It calls for the collection of disaggregated data, as well as additional
research, as the basis for targeted actions.
 The DDPA urges States to adopt measures of affirmative or positive action to
create equal opportunities for victims of racism, racial discrimination, xenophobia
and related intolerance in the political, economic, social and cultural decision-
making spheres.
 The DDPA urges governments to provide effective remedies, recourse, redress
and compensatory measures to victims and to ensure that victims have access to
legal assistance so they can pursue such measures. It also recommends the creation
of competent national bodies to adequately investigate allegations of racism, racial
discrimination, xenophobia or related intolerance.
 The DDPA acknowledges that slavery and the slave trade are crimes against
humanity, and should have always been so. It expresses regret over the fact that
the slave trade and colonialism contributed to lasting social and economic
inequalities. It welcomes the efforts of UNESCO’s Slave Route Project.
 Concerning the Middle East, the DDPA expresses concern about the plight of the
Palestinian people under foreign occupation and recognizes the inalienable right
of the Palestinian people to self-determination and the right to an independent
state. It also recognizes the right to security for all countries in the region, including
Israel, and calls upon all governments to support the peace process and bring it to
an early conclusion.
 The DDPA recalls that the Holocaust must never be forgotten.
 Last but not least, the Programme of Action spells out a number of strategies to
achieve full and effective equality through international cooperation. They involve
an effective international legal framework, enhanced regional and international
cooperation, an active role for the Office of the High Commissioner for Human
Rights, and the participation of a wide variety of actors, including civil society,
non-governmental organizations and youth i

Copenhagen Declaration on Social Development (1995)


World Summit for Social Development in Copenhagen also calls on governments
to take effective measures to combat and eliminate all forms of violence against
women.The Declaration sets out the general commitment of governments to people-
centred sustainable development, and then itemises ten specific commitments. They
are:
1. to create an economic, political, social, cultural and legal environment, that will
enable people to achieve social development;

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International Journal of Social Studies

2. to eradicate poverty in the world;


3. to promote the goal of full employment as a basic priority of economic and social
policies;
4. to promote social integration;
5. to promote full respect for human dignity, and to achieving equality and equity
between women and men;
6. to promote and attain the goals of universal and equitable access to quality
education, the highest attainable standard of health and access of all to primary
health care;
7. to accelerate the development of Africa and the least developed countries;
8. to include social development goals in structural adjustment programmes;
9. to increase significantly and/or utilise more efficiently the resources allocated to
social development;
10. to improve international co-operation for social development.

Universal Declaration of Human Rights dopted by the United Nations


on December 10th1948
Article 1 :All human beings are born free and equal.
Article 2:Everyone is entitled to the same human rights without discrimination of any
kind.
Article3:Everyone has the human right to life, liberty, and security.
Article 4:No one shall be held in slavery or servitude.
Article 5:No one shall be subjected to torture or cruel, inhuman or degrading treatment
or punishment.
Article 6:Everyone has the human right to be recognized everywhere as a person before
the law
Article 7:Everyone is equal before the law and has the human right to equal protection
of the law.
Article 8:Everyone has the human right to a remedy if their human rights are violated.
Article 9:No one shall be arrested, detained, or exiled arbitrarily.
Article 10:Everyone has the human right to a fair trial.
Article 11:Everyone has the human right to be presumed innocent until proven guilty.

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Agencies and Instruments to Prevent Violence Against Women

Article 12:Everyone has the human right to privacyand family life.


Article 13:Everyone has the human right to freedom of movement and residence within
the state to leave any country and to return to one’s country.
Article 14:Everyone has the human right to seek asylum from persecution.
Article 15 :Everyone has the human right to a nationality.
Article 16 :All adults have the human right to marry and found a family. Women and
men have equal human rights to marry, within marriage, and at its dissolution.
Article 17 :Everyone has the human right to own property.
Article 18 :Everyone has the human right to freedom of thought, conscience and religion.
Article 19 :Everyone has the human right to freedom of opinion and expression.
Article 20 :Everyone has the humanrightto peaceful assembly and association.
Article 21 :Everyone has the humanright to take part in government of one’s country
directly orthrough free and fair elections and accessto the publicservice
Article 22 :Everyone has the humanright to social security and tothe realization of the
economic, social and cultural rights indispensablefor dignity.
Article 23: Everyone has the humanright to work, to just conditions of work, to protection
against unemployment, to equal pay for equal work, to sufficient pay to ensure a
dignifiedexistence for one’s self and one’s family, and the humanright to join a trade
union.
Article 24: Everyone has the humanright to rest and leisure.
Article 25 :Everyone has the human right to a standard of living adequate for health
and well being, including food, clothing, housing, medical care and necessary social
services.
Article 26 :Everyone has the humanright to educationincluding free and compulsory
elementary education and human rights education
Article 27: Everyone has the human right to participate freely in the cultural life and to
share in scientific progress, as well as to protection of their artistic, literary or scientific
creations
Article 28 :Everyone is entitled to a social and international order in which these rights
can berealized fully.
Article 29:Everyone has duties to the community.
Article 30 :None of the humanrightsin this Declaration can be used to justify violating
another human right.

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International Journal of Social Studies

Convention on Elimination of Discrimination Against Women


(CEDAW)1979:
Article 1 Definition of Discrimination
Article 2 Governments shall take concrete steps to eliminate discrimination against
women.
Article 3 Governments shall take all appropriate measures to ensure that women can
enjoy basic human rights and fundamental freedoms.
Article 4 Governments can adopt temporary special measures to accelerate equality for
women, i.e., affirmative action.
Article 5 Governments shall take appropriate measures to eliminate sexist stereotyping.
Article 6 Governments shall take all measures to stop trafficking and exploitation of
women for prostitution.
Article 7 The right of women to vote, to participate in forming and implementing
government policies and to join public and political organisations.
Article 8 Right of women to represent the country at international level.
Article 9 Equal rights with men to keep and change their nationality and to grant their
nationality to their children.
Article 10 Women and girls should receive career and vocational guidance and have
access to education opportunities on par with men or boys.
Article 11 Women have an equal right to work with men, which includes pay,
promotions, training, health and safety.
Article 12 Women have the right to family planning services.
Article 13 Woman have a right to family benefits, bank loans, mortgages, and other
forms of financial credit..
Article 14 Governments should undertake to eliminate discrimination against women
in rural areas so that they may participate in and benefit from rural development.
Article 15 Women are to be equal before the law.
Article 16 Women have the same rights as their husbands in marriage, childcare and
family life.

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Agencies and Instruments to Prevent Violence Against Women

Indian Legislation against Domestic violence :

1. Constitution of India
 Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens JUSTICE, social, economic and political; LIBERTY of
thought, expression, belief, faith and worship; EQUALITY of status and of
opportunity; and to promote among them all FRATERNITY assuring the dignity
of the individual and the unity and integrity of the Nation; IN OUR
CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
 Fundamental Rights
Fundamental rights are the entitlement of every man and woman because, they
are the basic needs and enforceable as constitutional or fundamental rights.
(Equality Art14, 15Right to Life The right to be free from violence: The Right to
ShelterRight to Live with Dignity)
 Fundamental Duties
The technique of building harmonious and happy society through imposition
offundamental duties in citizen’s conduct is employed under Article 51A with a
belief thatuniversal performance of duties towards all better protects rights. Article
51A (e) imposes duty to renounce practices derogatory to the dignity of women.
The duty to cherish and follow the noble ideals, which inspired our national
struggle for freedom
(Article 51A (b)), also hints about treating women as equal partners in all spheres
of life. It is clear beyond all doubts that women’s emancipation was regarded by
freedom fighters as one of the paramount objectives.
 Directive Principles of State Policy
Fundamental Rights cater to individual rights while the Directive Principles of
State Policy cater to social needs. These provisions are contained in Part FV of the
Constitution. Though these Principles are not enforceable in any court of law they
are fundamental in the governance of the country and provide for the welfare of
the people, including women. Article 39(a) directs the State to direct its policy
towards securing that citizens, men and women, equally have the right to an
adequate means of livelihood.The means of lively-hood of women is now protected
under Section 19 ofT

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International Journal of Social Studies

2. Indian Penal Code, 1860


The intra- familial rights of women were hither to been protected under the penal
laws in the absence of any specific law to deal with the cases of domestic violence. The
relevant penal provisions under IPC, cover aspects of domestic violence are miscarriage
caused to the women uimatural sexual activity, cohabiting with a woman deceitfully,
marrying again during the life time of wife, criminal intimidation, cruelty by husband
and relatives of the husband, dowry death, and abetment to commit suicide. These
provisions are discussed below in its entirety.
Causing miscarriage to women,’Sections 312 and 313 of Indian Penal Code, I860'^
indulging in unnatural sexual activity with women Section 377 Indian Penal Code,
1860. cohabiting deceitfully with women, Section 493 Indian Penal Code, 1860.
marrying again during the life time of wife,”’ Section 494 Indian Penal Code, 1860.
criminal intimidation/Section 506 Indian Penal Code, 1860. are the acts which
constitute domestic violence.
These acts are now covered under the definition of domestic violence The insertion
of new498-A ofI.P.C under one or the other heading of the Act. It is submitted that rarely
any women have availed legal protection against her family members under these
provisions. Instead all these aspects were brought under cruelty and sought remedy.
Hence judiciary has interpreted all these aspects under the provision of cruelty and
dowry death which are studied here under.
Cruelty by Husband or his RelativesSection -:Section 498-A in the Indian Penal
Code by
Criminal Law (second Amendment) Act, 1983 came into force with effect from 25/
12/1983. 137Demand of dowry at the time of marriage of a girl by the prospective
bridegroom and his parents is a very peculiar feature of this country. Nowhere have
we heard cases of the nature of dowry demands and dowry deaths. There was no
specific legislation to deal with the domestic violence caused by the evil of dowry,
which was affront on the society. Therefore, the Parliament had to intervene to curb
this evil. It enacted a new chapter, Chapter20A, which contains the sole provision.
Section 498A in the Indian Penal Code, 1860. This section punishes a husband or a
relative of the husband of women who subjects her to cruelty. To protect the wife from
being subjected to torture by the husband or his relatives, the legislature enacted Section
498A of the Indian Penal Code and Section 113 of the Indian Evidence Act.

3. The Protection of Women from Domestic Violence Act, 2005


Powers and Duties of Police Officers, Service Providers and the Magistrates
(Chapter111,Section 5 of the Act. )
A Police officer, Protection Officer, Service provider or Magistrate who receives
the complaint of domestic violence shall inform the aggrieved person of her right to

46
Agencies and Instruments to Prevent Violence Against Women

make an application for obtaining relief by way of protection order, an order for
monetaryrelief, a custody order, a residence order, a compensation order ,of the
availability of services of service providers ,of the availability of services of the Protection
Officers ,of her right to free legal services under the Legal Services Authorities Act, 1987
,of her right to file a complaint under section 498 A of the Indian Penal Code;

4. Hindu Adoption and maintenance Act


wife is entitled for divorce,’ Section 13(1) and (2) of Hindu marriage Act, 1955.
judicial separationSection 10 of Hindu marriage Act, 1955. and maintenanceSection
23 and 24 of Hindu marriage Act, 1955 , Section 18 of Hindu Adoption and Maintenance
Act

5. Dowry Prohibition Act,1961


Dowry ProhibitionAct,1961defines dowry as any property or valuable security
given or agreed to be given either directly by one party to the other party in the marriage
or by the parents of either party on marriage or by other pe rson to either party
in the marriage or to any other person.
The definition covers dowry in any form, and it covers the period before, at or after
the marriage takes place.DowerorMehris not dowry. The amount, however, paid by the
Muslims during the daughter’snikah for the purchase of property in the joint names of
daughter and the son-in-law is not considered as Dowry imder the provision of the
Act.Presents given without demand, is not covered under the purview of the Act. Any
agreement pertaining to dowry is void.
The Act was accordingly amended in the year 1984; the important features of the
amended act are as follows:
1. (Increase in the duration of imprisonment to five years, and fine to Rs. 10,000/-
2. (Removal of one-year limitation period.
3. (Introduction of the provision for the parents, other relatives, friends, or social
organizations to file a complaint on behalf of the victim.
4. (Making dowry a cognizable offence.
5. (The words ‘as consideration for the marriage’ have been omitted and replaced by
‘in connection with the marriage’.
Once again in the year 1986 the Act was amended. The important features of the
amended Act are :
1. (The amendment aimed at making the Act even more stringent. In the amendment
of 1986, the fine amount was increased to further Rs.15000/-.

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International Journal of Social Studies

2. The burden of proving the innocence was shifted on to the accused.Dowry was
made a Non-Bailable offence
3. A ban was placed on the advertisements for the consideration for the marriage.
4. If the woman died an unnatural death, her property would devolve on her children
and in the event of her dying childless, would revert back to her parents.
5. Thus all the loopholes pointed by the committee were plugged.
6. The Dowry Prohibition Act is both remedial and penal statute. The stage was thus
set to abolish the evil of Dowry death. A new categor of offence was thus created,
called the Dowry death under Section 304B, IPC.

International Organisations working against Domestic Violence :


1. European Union
Committee on Women’s rights and gender equality(http://
www.europarl.europa.eu/committees/femm_home_en.htm)
2. United Nations
I. Division for the Advancement of Women (DAW) http://www.un.org/
womenwatch/daw/
II. Committee on the Elimination of Discrimination against Womenhttp://
www.un.org/womenwatch/daw/cedaw/committee.htm
III. Commission on the Status of Women (CSW)http://www.un.org/
womenwatch/daw/csw/
IV. International Research and Training Institute for the Advancement of Women
(INSTRAW)http://www.un-instraw.org/
3. UN Specialised Agencies and Programmes
I. United Nations Development Fund for Women (UNIFEM) http://
www.unifem.org/gender_issues/violence_against_women/
II. United Nations Population Fund (UNFPA)http://www.unfpa.org/gender/
violence.htm
III. World Health Organisation http://www.who.int/topics/
gender_based_violence/en/
IV. WomenWatchhttp://www.un.org/womenwatch/

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Agencies and Instruments to Prevent Violence Against Women

4. Internationational NGOs working in the field of violence against women 


I. Gender Equality Grouping enjoying participatory status with the Council of
Europe http://www.coe.int/t/e/ngo/public/groupings/
Gender_equality/
II. Women Against Violence Europe http://www.wave-network.org
III. Amnesty Internationalhttp://web.amnesty.org/actforwomen
IV. European Women’s Lobby http://www.womenlobby.org
5. Research programmes and sources of information
Coordination Action on Human Rights Violations (http://www.cahrv.uni-
osnabrueck.de/reddot/index.html)

Indian Organisations :
1) National Human Rights Commission
2) National Commission for Women
3) State Commission for Women
4) State Human Rights Commission
5) Central Social Welfare Board
6) State Social Welfare Board
7) Azad foundation (Delhi)
8) Mahila Samakhya(UP)
9) Association for Advocacy and Legal Initiatives (AALI) ,UP
10) Bharatiya Grameen Mahila Sangh , Delhi
11) International Center for Research on Women ,Delhi
12) Nirbhaya Centres
13) Angala,Bengaluru
14) Aasra , Mumbai

Actions to be taken to control and abolish domestic violence :


1. To change the upbinging pattern within family for which the male member of the
family must be sensitised towards the dignity and respect of the women.

49
International Journal of Social Studies

2. The awareness about differnt rules , regulation and corrective against , must be
generated among everyone so that they can control the problen at individual
level.
3. Family harmony and value of human relation for the survival of every human
being must be promioted at every level of social intercation.
4. The consequences of domestic violence in relation to the biological , psychological
and social health must be informes throgh different technicaland non technical
modes of communication.
5. The value related to the complementary dependancy of men and women for overall
development of eachother must be promoted in the society.
6. Condemn violence against women and not use any custom, tradition or religious
consideration to avoid their obligations to its elimination;
7. .Adopt measures to modify the social and cultural patterns of men and women;
8. Provide well-funded shelters and relief support for victims of violence;
9. Assist female victims of violence due to prostitution and trafficking, consider
ratification and enforcement on trafficking and slavery;
10. Develop programmes and procedures to eliminate sexual harassment and other
forms of violence in all educational institutions, workplaces and elsewhere;
11. Promote research on violence against women, encourage the media to examine
the gender stereotypes and take measures to eliminate them
12. To embody the principle of the equality of men and women in their national
Constitutions or other appropriate legislation if not yet incorporated therein and
to ensure, through law and other appropriate means, the practical realization of
this principle
13. To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women
14. To establish legal protection oftherights of women on an equal basis with men
and to ensure through competent national tribunals and other public institutions,
the effective protection of women against any act of discrimination
15. To refrain from engaging in any act or practice of discrimination against women
and to ensure that public authorities and institutions shall act in conformity with
this obligation
16. To take all appropriate measures to eliminate discrimination against women by
any person, organization or enterprise

50
Agencies and Instruments to Prevent Violence Against Women

17. To take all appropriate measures including legislation to modify or abolish existing
laws, regulations, customs and practices which constitute discrimination against
women
18. To repeal all national penal provisions which constitute discrimination agains

Conclusion
The above mentioned description reflects the severity of the issue since a longer
period of time . If we analyse the overall status of the problem , we shall find that the
problem is still exisxtent in the roots of social structure despite several national and
international treaties and establishment of agencies .the reason behiend the problem is
ineffective information disssimination about the provisions ofinstumrents and functions
of agencies working against domestic violence . No matter we have invented plenty of
the formal treatments and preventive measure s but we have not inserted the medicine
of this perticular chronic social disease into the cells of the society . Here the cells refers
to the family and medicine refers to the value education .Because value system is the
base of our behavioral traits and the pattern of sociaL interaction and in some places
domestic violence has become a part of cultural system. Still people have linent attitude
towards domestic violence . It is still recignised as a personal family matter that shoul
not be spreat out of domestic boundries .Making no objction against domestic violence
is still recognised as an ideal to maintain family integration and interfarance of court or
any other authority will never br welcomed , especially in Indian scenario.Hence it is
suggested to primarily establish and strengthen the value system in favour of respect
and dignity of women . It is also requred to change the trsaditional attitude of the
people towards diomestic violence .

Refernces
1) Sydney Brandon: Violence in family , 1976
2) Robert Litke : Violence and Power , 1922 , International Social Science Journal
173-83
3) Selective abortion based on tiie foetus’ gender or sex selection of child.
4) O. P. Mishra,Law Relating toWomenandChild,p. 62.
5) Kadish, 1984, found at <www.voicesunabridged.org
6) Bharat Budholia, The Protection of women from Domestic Violence Act,2005:
Dawn of A New Era
7) Anjani Kant, Women and Law, p.28.
8) ‘Dr. U. C. Sarkar, An introduction to Hindu Law

51
International Journal of Social Studies

9) A. S. Altekar, The position of Women in Hindu Civilization, p. 36.


10) J. Duncan M. Derrett, Introduction to Modern Hindu Law. P1
11) Dr. Preeti Misra, Domestic Violence Against Women, p. 30
12) Anjani Kant, Women and Law, p. 24.
13) https://www.coe.int/t/d g2/equality/domesticviolencec ampaign/
usefullinks_en.asp

52
Investigatory Power of Police Under the Code of Criminal Procedure, 1973

Investigatory Power of Police Under the Code of


Criminal Procedure, 1973
Devika Singh Rana*

INTRODUCTION
Crime in India is bewildering in its variety; police must cope up with range of
crimes as diverse in world. While people are vicious to one another in India in much
the same way that they are in the west, what distinguishes the Indian scene in enormous
variety of circumstances with in which crime become manifest. Police force, of some
kind or the other, has always been present in all civilized societies from time immemorial.
“Police deal with the people when they are most threatening, when they are angry and
when they are frightened, when they are desperate and when they are violent, when they are
drunk and they are ashamed.”1
The existence of police is, as the repository of the security and penal functions of
the state. In the old tribes and kingdoms, the chief, sometimes elected or the King
generally hereditary, exercised these functions by protecting the citizens from external
aggression and internal disorder through his armies and a network of spies as well as
by dealing with wrong doer through a system of rough and ready justice.2 The birth of
policemen is to be traced to the earliest times when man started emerging from his
savage animal hood and using his power of reasoning and thought, realized the need
for self-improvement and the benefits of family and corporate life.3
The term Police according to oxford Dictionary, as quoted by the Royal
Commission4means-”A system of regulation for preservation of order and enforcement
of Law: The internal government of State”.
The term Police can also be defined as Protection of life in civil establishment. The
Police system in each and every state is considered as an axis on which rule of law rests
and rotates.This expansion indicated that it is the primary duty of the police to ensure
the protection of lives and public interest at large. Police is an agency of a community
and government who is responsible for maintaining public order and preventing and
detecting crime.

*Assistant Professor, Graphic Era Hill University, Dehradoon, Uttarakhand


1
Sue Titus Reid, Crime and Criminology 1(1984).
2
S.M Diass, “New Dimensions to Police, Role and Functions in India”, SardarVallbhbhai Patel National
Police Academy Magazine, 6 (1978).
3
B.N Malik, ‘‘Police Through Ages’’, Indian Journal of Police (Centenary Issue) 54 (1861-1961)
4
The Royal Commission’s Reports on “Police Powers and Procedures“,329 (1962).

53
International Journal of Social Studies

The term Police came from the Latin politia, which has its etymology in the ancient
Greek for polis (city). The first police force comparable to the present –day police was
established in 1667 under King Louis XIV in France, although modern police usually
trace their origins to the 1800 establishment of the Marine Police in London, the Glasgow
Police and the Napoleonic Police of Paris.5 Earlier the term police meant for a system of
administration by regulation, but gradually over the years it has come to mean an
organized body of civil officers engaged in preservation of peace and order, detection of
crime and enforcement of laws, a civil organization with different nomenclature for
maintaining peace and providing security to citizens in their lawful occupation. This
role of police is quite ancient and has a place alike in Hindu, Egyptian, Mosaic, Greek
and roman laws. In earlier days the duties of the Police in west had a very wide scope
for, the word police also meant scavengers, those who cleanup things. In fact, the police
in some western countries had to deal with street lightening and sanitation.6 The brief
history of the police shows that it is an organization which is meant to describe, a body
meant to keep things clean in the streets, the word cleaning is being used in all its
senses, which includes those keeping a place or metropolis clear of dirt and criminal
elements and disruptions of law and order.
Reference to police origination in ancient India is to be found in Manusamita,
which is probably the earliest code of human conduct in this world. Even in old epics
like Ramayana and Mahabharta there is reference to the existence of police organizations
and spies, play their own role.
That the Karta Yuga was golden age and that there has been a gradual fall of
moral value through Treta ,Dvapra and Kalyug. Manu, dealt with the subject of police
at length and recommend that the police administration should be entrusted to those
persons only who had knowledge of local people and the region for the efficient, a
preposition held to be valid even in contemporary period.7 The Mauryan time and the
Gupta period of ancient India were the golden eras, which saw the total social structure
of the ancient Indian Society at its level best. Excavations at Mohenjo-Daro and Harappa
reveal that administration in those cities was well organized and life was systematic.
K.P Jaswal speaks of separate courts known as Court of Kantakasodhana in Mauryan
times which were the criminal courts to which the offenders were brought forcibly by
the officer of the King. 8
There are good accounts of the police administration in Mauryan period but the
police system was then built around the collection of revenue.9 In the ‘Arthashastra’ of
Kautilya one can also find a detailed account of the organization of the police. Plain

5
R.K Raghvan, Indian Police Problems, Planning and Perspective 1(1989).
6
D.N Kaul, Reflections on Police, Society and Allied Subjects 10 (1988).
7
K.P Jaswal, Manu and Yajnayavalkya (TLL),1917, P.116-117
8
Ibid
9
Ajay K. Mehra, Police in Changing India 4 (1989).

54
Investigatory Power of Police Under the Code of Criminal Procedure, 1973

clothes men collecting intelligence appear to be forming a sizeable section of police.10


The evidence about the police administration in the earlier muslim period is scarce.
The first piece of information appears in fourteenth century ie the sultanate Period.
Then the official at the apex was known as Amir-Dad or Viceroy but the person entrusted
with the responsibilities of police administration was the Muhtabish.11 He was an
Inspector General of Police, A Chief Engineer of public works, as well as Inspector of
morals.
During the Mugual period the first account of the police administration was found
in Akbarnama which stated that at the time Department of Justice. Rural policing was
in hands of Chukidars whereas in towns the responsibility for the police function
remained in the hands of Kotwal. After the death of Akbar in 1605 the authority gradually
passed on to the local Jagirdars.12
When the British came to India in 1609, they even didn’t realize that one day they
would be rulers of this country. In their initial days they didn’t established any strong
police system in India. It was only after the mutiny of 1857, the British felt the need to
create a civil constabulary to meet the internal disturbances and to protect them and
their interest in India. The police Act of 1861 was enacted to suppress the nationalist
aspirations and to protect the British rule. So they carefully designed the police,
repressive in nature.13
It is unfortunate that in India after independence circumstances have largely
changed but not the police system. The present police system is not sort of Democratic
in nature that is why it is still considered as an alien a system. It does not seem to be
Indian because it has not evolved from the Indian soil and culture and has not deep
roots as is supposed to be. A foreign country impeded it on us. That is why most of the
population of country has lost their hope from the present police system. But still it
consolidated the different systems prevalent in India and also provides the base on
which the administration of criminal justice system has stood till now.

Role of Police in Administration of Criminal Justice:


Crime has a disabling and paralyzing effect on the quality of people’s lives.
Freedom from crime and violence ought to be one of essential civil liberties in a democratic
society. Police have to play a specific role in a democratic society to control the crime.
But this role is more difficult in a democratic society because police have to reconcile
the dilemma of preserving liberty and human rights on one hand and enforcing law
which aims at the preservation of society from the dangers posed by anti-social elements
on the other hand. So it has been said that policeman suffers from acting a battle field

10
K.K Mishra, Police Administration in Ancient India 2(1987).
11
J.C Curry, Indian Police 19(1932).
12
Sir PrevicalGrifft, ”To Guard My People: The History of the Indian Police” 11(1971).
13
Id at p.19

55
International Journal of Social Studies

for tension between the state and individual rights and conflict situations are
inescapable in his work. In this arena of pressure policemen have to perform a variety
of roles such as role prescribed by the law, the role described by the superior and
government, role expected from the people especially the victim of crimes and the role
which they think they (police) ought to perform14. A particular role of Police in
administration of justice are-
1. Prevention of Crime
2. Maintenance of Public Order
3. Enforcement of Social and Economic Legislation

Investigatory Power of police under Cr.P.C


For a long time now, there have been rocky relationships between the police and
the public. This is dictated by the way in which the police have applied the power that
they are bestowed on them by the law enforcement body. Although the police and the
public should work together, this does not happen and not only in India but also in
many countries in the world. This has been dictated by the interaction of the public and
the police in the past which has set the police force to appear as more superior to the
public. Therefore, the public has tended to distance away from the police force.
There have been instances where police have been accused of stereotyping the
public on issues of crime. This has been seen as an injustice way of applying police
force and the public feel more threatened by the police. In the UK there has been animosity
between the black and Asian origin public since they thing of being stereotyped on the
issue of crimes. Many police officers have expressed fear for their lives once they meet
with a black or an Asian youth in the street while the youths have expressed their fears
of the police if they meet on the street. This shows that both the public and the police
force have been treating each other as enemies15. Most people in the public view the
police force as oppressive. As we have sad in this may be determined by the previous
encounter that they have had have had with the police force. In the regard, if a person
was mistreated by the police while in custody or during arrest, it would be difficult to
change the perception of that person about the police force.
Studies that have been carried out on the relationship between the police force
and the public reveal that most people don’t understand the role of the police nor do
they understand the powers that the police have on them.
They see the police force as their masters and not as their servers. As a result,
many people fear the police. But there is a general agreement from the public that the
police have been excessive force in dealing with the public. The negativity of the police

14
Shalendra Mishra, Police Brutality, An Analysis 5(1986).
15
Martin, H, Autonomy and Demise of the Penal Code, Law and History Review, Issue 143(1998)

56
Investigatory Power of Police Under the Code of Criminal Procedure, 1973

force comes in cases where the victim of police brutality was just a suspect. If they were
not guilty of having committed any crime, they may have more negative view of the
police force16
The police should realize that they are given power to prevent the public from
committing crimes and should not use this power to harass or to curtail their freedom.
This is because the police force is not a master of the public but rather is supposed to
offer their service to the public. It will be difficult to restore a cordial relationship between
the two unless the police force sees a positive way of applying the powers that it is
given over the public. Therefore, it is good to understand the power that the police force
has been given over the public and how it should be applied for the benefit of the public
and to help the police force implement their duties.
Powers bestowed to the police force-In order to carry out their duties effectively, police
are given power over the public. This is to help them exert their authority during arrest
and in containing those who are convicted or suspected of having committed a crime.
This helps the police to work with the public well since the public does not see them as
equals 17 ‘Ernst Fround’ defined the Police Powers a – “The power of
promotingpubicwelfare by restraining and regulating the use of property and
liberty”18The code of Criminal Procedure provides very wide powers to the police in
cognizable cases19 The only limitation is the necessary requirement of reasonability
and credibility to prevent and misuse of power20 It provides following power to the
police21:-
 Power to Arrest
 Power to Investigate
 Power to Search & Seizure
 Power to Detain.
Power to Arrest- The term arrest is not defined in the Code of Criminal Procedure but it
means to take or keep in custody by authority of law. The elaboration of the term can be
said to restraint and seizure of a person by someone (e.g., a police officer) acting under
legal authority. Arrest is a form of State constraint applied to a person, during which
the person is placed under detention, is imprisoned and is deprived of his right to move
freely. Therefore, no doubt the arrest means deprivation of personal liberty but the

16
Weltz, F, Investigating the Criminal War, Law Review, Issue 3, 324(2003).
17
Mark A 2005, Police Power over the people, Oxford University, p.48.
18
Ernst Fround, The Police Power, Public policy and Constitutional Rights 2 (1973).
19
Sir John Woodroff, Commentaries on Code of Criminal Procedure 126(1997).
20
In re RatnaMudali, I.L.R 40 Mad. 1028.
21
Supra note 18

57
International Journal of Social Studies

Constitution of India which is supreme law of the country provides ample protection
against arbitrary arrests. Arrest may be classified into following categories: -
 Arrest without warrant.
 Arrest by warrant issued by court.
Power to investigate-The principal agency for carrying out investigation of offences is
the police and the police can proceed to investigate:
(a) On the information received from any person as to the commission of any
cognizable offences.22
(b) Even without any such information, but if they have reason to suspect the
commission of any cognizable offence. 23
(c) On receiving any order (to investigate) from any judicial magistrate empowered to
take cognizance of any offence under section 190.24
A police officer starts investigation when an FIR is registered. An officer in charge
of a police station May, without the order of magistrate investigates any cognizable
case. 25
The Courts do not interfere in matter of investigation.26In the case of the information
of a non-cognizable offence committed within the limits of police station. Enters the
substances or causes it to be entered in the prescribed book and refers the information
to the magistrate. A police officer does not investigate a non-cognizable case without
the order of a Magistrate having power to try such case or commit the case for trial. Any
police officer receiving such order may exercise the same powers in respect of the
investigation
However, no signature of the individual as witness or accused should be obtained
on the statements so recorded.27 During the preliminary enquiry, however, the signatures
of individuals whose statements are recorded may be obtained. In case any individual
is not willing to append his/her signature to the statement so recorded, the fact may be
recorded at the end of such statement
Arrest to be reported to magistrate within twenty-four hours-This right has been
provided under Art. 22(2) of the Constitution of India, 1950. Under Cr.P.C, this Right to

22
Sec -157(1), The Criminal Procedure Code1973.
23
Ibid.
24
Sec -156(3), The Criminal Procedure Code1973.
25
Sec 155(4), The Criminal Procedure Code 1973, Pravin Chandra v. State, 1965 SC 1185
26
Jayant Vitamin Ltd. V. Chatianya Kumar, AIR 1992 SC 1930.
27
Sec 162, The Criminal Procedure Code 1973.

58
Investigatory Power of Police Under the Code of Criminal Procedure, 1973

be produced before a magistrate without delay has been provided under S. 56,28and
76,29 of CrPC. The tendency of the officers authorized to arrest, to note the time of arrest
in such a manner that the accused’s production before the magistrate was well within
24 hours of the arrest came to be criticized by the Bombay High Court. The court ruled
that the arrest commences within the restraint placed on the liberty of the accused and
not with the time of arrest recorded by the arresting officer.30This right has been created
with a view:
*To prevent arrest and detention for the purpose of extracting confessions, or as a
means of compelling people to give information;
*To prevent police stations being used as though they were prisons;
*To afford an early recourse to a judicial officer independent of police on all
questions of bail or discharge.31
The requirements to be followed in all cases of arrest or detention as per ruling
Shri D.K. Basu vs State of West Bengal 32:
The following requirements to be followed in all cases of arrest or detention till
legal provisions are made in that behalf as preventive measures:
(1) The police personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name tags with
their designations. The particulars of all such police personnel who handle
interrogation of the arrestee must be recorded in a register.
(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo
of arrest at the time of arrest and such memo shall be attested by at least one
witness, who may be either a member of the family of the arrestee or a respectable
person of the locality from where the arrest is made. It shall also be counter signed
by the arrestee and shall contain the time and date of arrest.
3) A person who has been arrested or detained and is being held in custody in a
police station or interrogation center or other lock-up, shall be entitled to have one
friend or relative or other person known to him or having interest in his welfare
being informed, as soon as practicable, that he has been arrested and is being
detained at the particular place, unless the attesting witness of the memo of arrest
is himself such a friend or a relative of the arrestee.

28
Person arrested to be taken before Magistrate or officer in charge of police station.
29
Person arrested to be brought before Court without delay.
30
Ashok Hussain Allah Detha alias Siddique v. Asstt. Collector of Customs, (1990) Cri LJ (Bom HC).
31
Muhammad Suleman v. King Emperor, 30 CWN 985, 987(FB)(per Rankin J).
32
(1997) 1 SCC 416

59
International Journal of Social Studies

(4) The time, place of arrest and venue of custody of an arrestee must be notified by
the police where the next friend or relative of the arrestee fives outside the district
or town through the Legal Aid Organization in the District and the police station
of the area concerned telegraphically within a period of 8 to 12 hours after the
arrest.
(5) The person arrested must be made aware of this right to have someone informed
of his arrest or detention as soon as he is put under arrest or is detained.
(6) An entry must be made in the diary at the place of detention regarding the arrest
of the person which shall also disclose the name of the next friend of the person
who has been informed of the arrest and the names and particulars of the, police
officials in whose custody the arrestee is.
(7) The arrestee should, where he so requests, be also examined at the time of his
arrest and major and minor injuries, if any present on his/her, must be recorded
at that time. The “Inspection Memo” must be signed both by the arrestee and the
police officer affecting the arrest and its copy provided to the arrestee.
8) The arrestee should be subjected to medical examination by a trained doctor every
48 hours during his detention in custody by a doctor on the panel of approved
doctors appointed by Director, Health Services of the concerned State or Union
Territory. Director, Health Services should prepare such a penal for all Tehsils
and Districts as well.
(9) Copies of all the documents including the memo of arrest, referred to above, should
be sent to the illaqa Magistrate for his record.
(10) The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the interrogation.
(11) A police control room should be provided at all district and State Headquarters,
where information regarding the arrest and the place of custody of the arrestee
shall be communicated by the officer causing the arrest, within 12 hours of effecting
the arrest and at the police control room it should be displayed on conspicuous
notice board.
Failure to comply with the requirements herein above-mentioned shall apart from
rendering the official concerned liable for departmental action, also render him liable
to be punished for contempt of court and the proceeding for contempt of court may be
instituted in any High Court of the country having territorial jurisdiction over the
matter. The recommendations of D. K. Basu Case has now been incorporated in Criminal
Procedure Code by Criminal Procedure Code (Amendment) Act, 2005.

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Investigatory Power of Police Under the Code of Criminal Procedure, 1973

Power of search & seizure:


During the course of investigation, the investigating officer is often required to
make a search for the person and property connected with the crime. The accused may
be concealing himself in certain premises or conceal a necessary document or property
and in such cases entry in premises and search for the accused may become imperative.
Court may issue search warrant in a case where the accused concealed himself. The
Provisions in Sec-22-A provides a condition precedent to the validity of a search. It
provides safeguards and protection to the person whose place is intended to be searched
or whose books are sought to be seized.33

Seizure:
According to Stroud’s Judicial Dictionary, The Word “Seizure” in its ordinary
and natural senses means “forcible taking possession”. According to Webster’s
Dictionary, the word ‘seize’ means “to effect legal possession”. In Oxford English
Dictionary, this word means “to put in possession”. The concept of seizure in code of
Criminal Procedure, 1973 is same as in Section -132(1) of Income Tax Act.34
Sec-153 of Cr.P.C. empowers the police officer-in-charge of a police station to seize
the false weight and measure or instrument of weighing.35 The code provides power to
the police to seize the illegal documents goods etc. At the same time it also provides
proper procedure for the seizure of property 36 Sec-457 of Cr.P.C. provides the procedure
by the police upon the seizure of property. It states that whenever the seizure of property
by any police officer is reported to a Magistrate under the provisions of this code, and
such property is not produced before a Criminal Court during an inquiry or trail, the
Magistrate may make such order as he thinks fit respecting the disposal of such property
or the delivery of such property to the person entitled to the possession thereof, or if
such person cannot be ascertained, respecting the custody and production of such
property and if the person so entitled is known, the he may order the property to
delivered to him on some conditions, as he thinks fit and if such person is unknown,
the Magistrate may detain it. A person can claim that property, within six months from
the date of proclamation.37 A police officer has power to seize a weapon which is used
to commit a crime and on order of court is needed. The police have similar power of
seizure under many other laws viz; Drugs and Cosmetics Act, Opium Act, 1878,
Prevention of Smuggling Act, Defense of India Rules etc. 38

33
Bullion and Agriculture Procedure Exchange Private Ltd. V. Forward markets Commission Bombay,
1968 Cr.L.J 1325
34
K.Krishnamurti, Police Diaries, Statements, Reports, Investigation and arrest, 380(1973).
35
Id at p.381
36
Sec 151, The Code of Criminal Procedure1973.p-715
37
Id at p. 716.
38
Ibid

61
International Journal of Social Studies

POWER TO DETAIN
Detention means: to keep someone in an official place, such as a police station or
a prison and prevent them from leaving. The word detain has its origin from the French
word ‘detenir’ and from the Latin word ‘detinare’, which is combination of two words
‘de’ and ‘tenere’, ‘de’ means ‘Away’ ‘tenere’ ‘To Hold’. So ‘Detain’ means to hold
someone away.39 The detaining of a person in a particular direction by force of an
exterior will overpowering or suppressing in any way is punishable under the penal
code.
The code of Criminal Procedure, 1973 provides power to a police officer to detain
a person but with procedure of law. No police officer can detain a person more than
twenty-fourhours. Otherwise such arrest will be illegal. Person arrested not to be
detained more than twenty-four hours. The code itself states that a police officer shall
not detain in his custody a person arrested without warrant for a longer period than
under all the circumstances of the case is reasonable, and such period shall not, in the
absence of a special order of a Magistrate under sec-167, exceed twenty four exclusive
of the necessary for the journey from the place of arrest to the Magistrate court.40

Major causes for popular dissatisfaction with the police-


The Police force in the country is entrusted with the responsibility of maintenance
of public order and prevention and detection of crimes.41 Each state and union territory
of India has its own separate police force. Article 246 of the Constitution of India
designates the police as a state subject, which means that the state governments frame
the rules and regulations that govern each police force. These rules and regulations are
contained in the police manuals of each state force. The Police force in the state is
headed by the Director General of Police/Inspector General of Police. Each State is
divided into convenient territorial divisions called ranges and each police range is
under the administrative control of a Deputy Inspector General of Police. District police
is further sub-divided into police divisions, circles and police-stations.
Police corruption is defined as the “abuse of police authority for personal or
organizational gain by a police officer acting officially”.42 The most important elements
of police corruption are misuse of authority and misuse of personal attainment.

39
Oxford Advance Learner’s Dictionary, Eighth Edition, 2007
40
Sec 57, The Criminal Procedure Code 1973.
41
The Police Act, 1861, Preamble.
42
International Encyclopedia of Justice Studies (IEJS) http://www.mightylaws.in/676/police-
functionaries-criminal-procedure-code Accessed on Sep 14, 2018 at 10.00 pm.

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Investigatory Power of Police Under the Code of Criminal Procedure, 1973

Corruption in police
The administrative department poses as a great obstacle in its working, efficiently
and effectively. It inverts the goals of the organization, that is, it may encourage and
create crime rather than deter it. One of the main causes for this is that the police
officials have ceased to act as professionals and are politicized to a great extent.
General police corruption includes bribery or exchange of money or something of
value between the police and the wrong doer. Other police crimes may range from
brutality, fake encounters, sexual harassment, custodial crimes, to illicit use of weapons.
Police Corruption is also violation of human rights as it denies some very basic rights
to the citizens. Some of the high profile cases which have caught the national attention
as they focus on our justice system and the prevailing corruption condition are: Ram
Lila Maidan Case, Jessica Lal Murder Case, PriyadarshiniMattoo’s Murder Case,
ShivaniBhatnagar’s Murder Case, NitishKatara’s Murder Case.

Custodial violence
Custodial Violence means torture in police custody. However, the word “torture”
has not been defined in the Constitution or in other Penal Laws of India. The custodial
violence by police over the victim is essentially an instrument to impose the will of
the ”strong” over the “weak” by suffering. It is a serious violation of human dignity
which can destroy, to a very large extent, the personality of any individual. Custodial
Violence is among the worst crime in a civilized society. It is a blatant violation of
human dignity. It strikes at the very roots of the rule and law. Custodial death in India
is defined as is the one occurring during the period the person is in the custody of
police, prison or any other institutions set up by the State for detention, as mentioned in
the Entry-4, State List (List II).43
Custodial violence and abuse of police power is not only peculiar to this country
but it is also widespread.One way of curbing custodial violence is to make such activity
on the part of police officers a crime punishable either judicially or departmentally.
Section 7 of the Police Act 1861 empowers the higher police officers to “dismiss, suspend
or reduce any officer of the subordinate ranks whom they shall think remiss or negligent
in discharge of his duty or unfit for the same.” But experience shows that this sanction
has not proved effective.

Critical appraisal of police powers under Cr.P.C.


The old criminal code was designed by the British Government so that it can
subjugate the Indian people and suppress each and every freedom movement because
at that time the main purpose of the Britishers was to perpetuate their rule in India

43
http://www.mightylaws.in/676/police-functionaries-criminal-procedure-code Accessed on Sep
16, 2019 at 10.00 pm

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International Journal of Social Studies

either by hook or crock. That is why they designed such structure of police system in
India that could only help the rules and not the people. This is clear from provisions of
the Police Act, 1861 and as well as provisions of the code of Criminal Procedure. Both
enactments load police with vast powers. Each and every section of the act gives an
impression that it is the duty of the police to obey every order of the government and in
this way the police only have become a puppet in the hands of the ruling party and not
an independent agency whose purpose is to serve the people and to check the crime.
Thus the Britishers gave priority to muscle over the mind. They even provided shelter of
the politician to the police to achieve their purposes and in this way if a policeman
exceeded his power he had a politician hand on his head and in this way he could
easily escape from the punishment of his misdeed.12044
After independence, the British went but the police system and the criminal code
remained same, whereas circumstances were totally changed. This was realized by the
Government and in 1973 the old code was replaced by the law code of Criminal
Procedure, 1973 which also provided very wide powers to the police viz; power of
investigation45, power to arrest46, power to search and seizure 47or power to disperse as
assembly.48 These powers are given to the police so that it can maintain law and order
in the society and keep check on ever increasing crime. As the base of the police system
and of the code of Criminal Procedure remains same and even today police is enjoying
wide powers and the political shelters in case of misuse of these powers. To exceed the
power has become the nature of the police and after the sixty years of independence the
situation is getting worse. Now the common man has fear in his mind towards the
police. He thinks hundreds times before filing an F.I.R or to report a complaint. Because
of their rude behavior they usually shirk to witness about an incident in the court of
law or to save a person met with an accident on the roadside.49 Further power of arrest
without warrant under section-41 and 42 of Cr.P.C. is also subject to misuse by the
police and torture in the police custody and deaths in the police custody are natural
outcome of these wide powers.50 There are many incidents when police arrested the
person without a fault and only to satisfy the interest of rich class or of politicians. Even
people used these powers of police to settle their personal scores with each other.
Power of investigation and search and seizure are also misused by the police very
widely and there are many incidents and cases where these powers are used to threaten
the important people and not to protect them. Power under section-129 to disperse an
assembly by using civil force is also subject to misuse by the police.

44
Supra note 4 at p. 135.
45
Supra note 5 at p. 220, Sec- 155
46
Sec-41, The Criminal Procedure Code1973.
47
Sec- 165, The Criminal Procedure Code1973.
48
Id at p. 163, Sec- 129.
49
B.P Jeevan Reddy, “Reforming the Arrest Law”, The Hindu, Nov 18, 2010.
50
Ajay Kumar, “Torture: A Formidable Challenge”, Vol 114 Cr.L.J11 (2010)

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Investigatory Power of Police Under the Code of Criminal Procedure, 1973

There are many incidents of JallianwalaBagh. On one day or other police often
use lathi charge on the teachers or on the procession of the students or any other section
of society. The code has provided these powers these powers to the police so that it can
check miscarriage of justice and stop immediately the crime by instantly arresting the
person who is involved in a crime but the police have taken these powers as granted
and use these powers to export money or to show status or satisfy their false ego.51Thus
it is crystal clear from the above discussion that the Code of Criminal Procedure provides
wide powers to the police for positive purposes but police often uses them in negative
sense which surely is a stigma on the face of criminal justice system. There is an
immediate need to look to these powers and discuss at the ground level so that a people
friendly police can be made which have some social aspect and which could work as
member of society rather than mere puppet of the politicians. The recent amendment in
Code of Criminal Procedure is considered as a ray of hope by many lawmakers, jurists
and Human Rights Organizations. But like other laws still is not enforced and is mere
piece of paper on table catching dust, without any value but one can hope that this
amendment will enforce by the government as soon as possible so and it will surely use
but the system to check misuse of powers by the police.

CONCLUSION
The Police system in each and every state is considered as an axis on which rule
of law rests and rotates. The term Police can also be defined as Protection of life in civil
establishment. This expansion indicates that it is the primary duty of the police to
ensure the protection of lives and public interest at large. Police is an agency of a
community and government who is responsible for maintaining public order and
preventing and detecting crime. It is unfortunate that in India after independence
circumstances have largely changed but not the police system. The present police system
is not sort of democratic in nature that is why it is still considered as an alien system. It
does not seem to be Indian because it has not evolved from the Indian soil and culture
and has not deep roots as is supposed to be. A foreign country imposed it on us. That is
why most of population of country has lost their hope from the present police system.
But still it consolidates the different systems prevalent in India and also provides the
base on which the Administration of Criminal Justice system has stood till now. Since
modern Governments claim to rule by law, it has to enforce a number of laws to maintain
order in the society. Therefore Police have to perform very arduous and thankless jobs
and have to enforce not only criminal law, but even pieces of social legislation, such as
Domestic Violence Act, Dowry Prohibition Act, Prevention of Untouchability Act, Prevention
of Immoral Trafficking Act and so on. The field of executive functions of the police is
enormous and covers every branch of civil administration. In whatever direction human
conduct has to be regulated, it comes in the sphere of police functions. Police has to
protect human life, property, honor, religion and everything that man has created out

51
Ibid

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International Journal of Social Studies

of his constructive genius. It has to restrain everything which degrades or destroys its
progress and it has to unite various forces to form into smooth stream leading to find
realization of happiness and prosperity. As police has to do many important, dangerous
jobs of prevention of crime, detection of crime, identification of persons involved in
crimes, presentation of evidence to the prosecutor as well as maintaining law and
order. As stated by Whyte, “The Primary function of police and police department is not
only enforcement of law but regulation of illegal activities.”
The law of the land provides police very wide powers for maintaining law and
order and especially the enforcement of regular criminal code. These powers include
powers to investigate the crime, power to arrest the accused, powers to detain for the
prevention of crimes etc. The Police therefore are vested with the numerous powers to
control the crime. Thus the police are primary constitutional force in a state for protecting
the individuals in the exercise of their fundamental, legal and economic rights and for
protecting and upholding the Constitution of the country by using powers given by the
law of the land.
Police powers of arbitrary arrests are big source of abuse of authority and
corruption in khaki. In the matter of arrest, detention and bail; there are many lapses in
observance of the law. Moreover, two major Commissions of different wings of the
Executive, the National Police Commission in its, Third Report and The Law Commission
in December 2001 on the Law of Arrest have both identified the quality of arrests
(indiscriminate arrests) by the Police in India as one of the chief sources of corruption
in the police. They reported that nearly 60% of the arrests were either unnecessary or
unjustified and that such unjustified police action accounted for 43.2% of the expenditure
of the jails. Continued detention in jail of the persons so arrested also meant unavoidable
expenditure on their maintenance. In the said period it was estimated that 43.2 percent
of the expenditure in the connected jails was over such prisoners only who ill the
ultimate analysis need not have been arrested at all.
It is apt to mention here the statistics of National Crime Bureau according to
which more than 1,23,000 women were arrested and most of them jailed in last 4 years
under section 498A of IPC without investigation or evidence (even it took British 10
years to arrest 5000 women (1937-1947) but the police in India arrested more than 1,
28000 women nearly 25 times more in just 4 years (2008-2011). This itself shows the
enormous powers that police used to enjoy. 27, 80,559 persons were arrested under IPC
of which 60% being unnecessary, 40 lacs unnecessary arrests took place in 2011. If
police are busy making these 40 lacs unnecessary arrests and extorting money, then
how can it prevent criminals and terrorists? Where will police get the focus to fight
crime? These are the questions needed to be addressed. Today, the position is even
worse. Very recently the National Human Right Commission issued its report, according
to which out of total of 99,859 complaints filed last year, 42,152 were against the police
across the country i.e. 42.3% complaints against the police cops. This is much higher
than complaints against the underworld operatives or defense forces or paramilitary
forces. According to the report issued by Asian Centre of Human Rights (ACRA), a

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Investigatory Power of Police Under the Code of Criminal Procedure, 1973

human rights watchdog, an average of four people are killed every day in Indian jails
or police stations. The watchdog found that 9,468 people had been killed in prison or
police custody in the last five years, which works out to an average of over four per day.
It is however not fair to brand all with the some branding iron because there are
notable exceptions, such as Inspector Mohan Chand Sharma of Delhi Police who died
after receiving three bullet injuries in stomach during an encounter with militants in
Jammia Nagar Delhi or Martyrs of Mumbai terrorist attack such as Additional Police
Commissioner SaheedAshok Kamte, Assistant General of Police Nana Sahib Bhonsle,
Deputy Inspector BaburaoSahibrao Prakash More, Inspector Sandeep Yadav and many
more. All these brave police officers put a huge contribution in India’s security basket
but still there are huge exceptional cases in the police force that are enhance in
corruption by a bus in their powers. They even don’t mind to sell their country for the
sake of few bucks. These kinds of officers also dishonor the name and honor of these
martyrs. One should not forget that one rotten egg can spoil the entire basket.
These recent amendments to The Code of Criminal Procedure (Cr.PC) are aimed at
putting an end to arbitrary arrests and detention by police; stop the abuse, torture,
corruption and extortion in police stations. This amendment is expected to improve the
Human Rights records of India and greatly reduce the corruption and extortion in
police stations as well as reduce prison population and costs. This will also reduce
false complaints and will stop people using police for settling personal and political
scores and vendettas. The provisions of this amendment are yet to be enforced. Various
NGOs and Human Rights Agencies are pressurizing the government to implement
this amendment as soon as possible to check out arbitrary arrests for extortion of money
under section-498A by lawyers and police. If this amendment is implemented it will
not take away the “power to arrest” by police. Police can arrest the accused provided
police has the warrant.
Police can also detain the accused, question and investigate. Police can arrest an
accused person in a crime having sentence of less than 7 years, only if the accused does
not cooperate with police. The police have to give the reasons for arrest in writing.
The criminal justice system in India has evolved over a period of 3,000 years.
Socio-economic and political conditions prevailing during different phases of the history
of India influenced its evolution. Initially, the law or dharma, as propounded in the
Vedas, was considered supreme in ancient India, but gradually the king started making
laws and regulations keeping in view the customs and local usages. The system of
awarding punishments on the basis of Varna contravened the concept of equality of all
human beings. The administration of justice during the Muslim period suffered from
defects and non-Muslims were subjected to humiliating discrimination. The British
followed the Anglo-Saxon adversarial pattern the administration of criminal justice
system in India.
The British adopted new principles by modifying the existing laws. The police
commission of 1860 recommended continuance of prevailing system of rural police

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with minor changes. The British Government although did not pay much attention to
the problems or welfare of police but they developed a hierarchal structure for police
organization and constituted it along with the modern principles of administration
and personnel management. The Indian Parliament since 1950 does not show much
enthusiasm to reform the traditional criminal justice system. The institutions of the
police, magistracy, judiciary and jail developed during that period are still continue
with significant changes in their structure and functioning. All criminal justice systems
in a democratic world have three separately organized part- The Police, The Courts
and The Correction. Each agency has a distinct function to perform. However, these
tasks are by no means independent of each other. What each one does and how does,
materially affect the quality of work done by other agencies of criminal justice system.
The courts can deal with those whom the police arrests. The job of correction can be
done only with those only who are delivered to the agency by the order of the courts.
How successfully the correction reforms the convicts in a jail or outside determines the
police efforts and influences the sentencing policies of the courts with regard to
repeaters. Police activities are generally subject to court’s scrutiny resulting in strictures,
which go a long way in to share police behavior in future. So reforming and reorganizing
any part or procedure of the criminal justice system will entail a corresponding change
in other parts and procedures of administration.

The Indian criminal justice system consists of three main parts.


1. Law enforcement (Police)
2. Adjudication (Courts)
3. Corrections (Prisons, Probation and Parole)
The various components of the present Criminal Justice System in India need
changes. Most of the major criminal laws such as the Indian Penal Code of 1860, The
Police Act of 1861 and the Indian Evidence Act of 1872 are still in force with only peripheral
amendments. The structure of the police and its working style has not changed much.
The indelible legacy of the British era sustains. Most of the criminal laws, procedures,
institutions and principles evolved during the British period still govern the functioning
of various components of the criminal justice system. In India, the position of criminal
justice, or, for that matter, the entire system is so critical that the majority of the crimes
are likely to remain unreported; if reported, frequently not registered; if registered, the
true offender not found; if found not prosecuted; if prosecuted, not charged; if charged,
usually not convicted; if convicted, frequently not punished. At each and every crucial
stage, from reporting the case to actually punishing the guilty, the criminal system has
enough loopholes to allow criminals to walk free. The role, duties and responsibilities
of the police, cannot achieve ultimate the success in their role performance unless all
the wings of the criminal justice system operate with simultaneous efficiency. This
would require having some kind of body which will have the necessary authority and
facilities to maintain a constant and comprehensive look at the entire system, monitor

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Investigatory Power of Police Under the Code of Criminal Procedure, 1973

its performance and apply the necessary correctives from time to time, having in view
the overall objective of the system. The Crime is a complex and complicated problem.
The Crime results from many factors at work interactively & interwoven one with
another. The efforts of Police to control crimes will meet with the limited success unless
there is multi- prolonged attack on the behalf of the society to eradicate the real causes
of crime in a criminal justice system.
The police were raised on a militaristic and authoritarian pattern. There was
tremendous emphasis on the maintenance of a type of discipline, bordering on
regimentation that required the lower ranks to blindly obey orders. The system did not
require the constabulary to think while performing their duties. Recruitment to the
constabulary stressed brawn and not brains-the taller and heftier the recruit the better.
The advent of independence changed the political system, but the police system
remained more or less unaltered. The Police Act of 1861 continued to govern it Its
managerialphilosophy,valuesystemandethosremainedwhat they were. The powers
granted to politicians and bureaucrats to exercise control and superintendence over
the police remained the same. They were a ruler- or establishment-supportive police
force, considerably distant from the community, and they continued to remain so.
Instead of protect the people these powers are often misused to disturb them. The main
provisions of the Act stated that it was enacted to reorganize the police and to make it
a more efficient instrument for the prevention and detection of crime It is the duty of
Police officers to obey promptly and execute all orders and warrants lawfully issued by
any competent authority; to collect and communicate intelligence affecting the public
peace; to prevent the commissioning of offences and public nuisances; to detect and
bring offenders tojustice; and to apprehend all persons for whom sufficient legal grounds
exist The code of Criminal Procedure, 1973 provides power to arrest both in cognizable
cases and non-cognizable cases. It is very important weapon in the hands of police.
Powers of investigation search and seizure, detention etc are also provided to the police.
These powers are widely misused by the police. There exist innumerable examples
where police himself is the violator of human rights. Police-friend to the people, has
done all sorts of work by just abusing existing law specifically sections 41 &167 of
Criminal Procedure Code which provides power of arrest on mere suspicion. In the
past years the unqualified use of the qualified power of arrest by police under section
41 of the Code of Criminal Procedure and the subsequent remand under section 167 of
the Code became a common practice. Section 41, which is termed as “black law” gives
the police a wide power to arrest any person without any warrant or without order of
the court. On the other, almost every person who was under the police remanded
alleged that they were subjected to inhuman torture in the police remand.
The Indian Penal Code not directly empowers the police with powers but its
provisions are misused by the police to cover its unlawful acts. The Police not only take
protection of reasonable suspicion but also take the help of right to Private-Defense
under the Penal Code. Under its protection the Police can even kill the source of threat.
The Police often misused this right in case of encounter known as Fake encounters. A

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“fake encounter” is the killing of a “suspect by the police during a staged gun battle”.
The victim mayor may not be in police custody at that time and the police later claim
that the victim was a suspected terrorist, a militant or a dangerous criminal.
The Police Rules are framed under the Indian Police Act, 1861 by which a state
empowered Police with various powers so that they can perform their duties well and
maintain law and order within the state. The Punjab Police rules a monumental scripture,
known as Bible of policemen also empowered police with certain Powers so that they
can perform the task of preventing and detecting crime and maintaining law and order
within area of its jurisdiction. The justice system throughout Asia has numerous defects
and India is no exception to it These defects not only hinder the protection of human
rights, but in fact grave leeway for the violation of rights, particularly by the police. A
Mechanism for effective Policing in India is Imperative of our times. Its imminence has
further increased because of growing lawlessness and insecurity in the country. Any
thought of reviving the old system on the plea that it had stood the test of times and has
to be abandoned once for all. The system has lost its relevance and utility long ago. An
attempt to re-energies it would be tantamount to flogging a dead horse. It is only the
innovative thinking which can offer to the Indian People a police system that would
not only be effective viable and practical but also suit to the genius of Indian People.
The Indian conditions are peculiar and its conditions are unique. It is therefore unlikely
the pattern borrowed from another country would suit her requirements.
It is universally accepted principal that the best police system is which grows
from the community itself in an evolutionary manner. An Imposed Police System will
be an anathema to the Indian police and will be worked upon with suspicion.
Considering the backdrop of the burgeoning Law and Order problem of countryside
especially in States like U.P, Punjab and Haryana, Bihar what is required is a more
professional, properly trained and effective organization of a permanent nature. ‘Ernst
Fround’ defines the Police Powers as - “The power of promoting public welfare by
restraining and regulating the use of property and liberty.”
After Independence, the British went but the police system and the Criminal Code
remained same, whereas circumstances were totally changed. This was realized by the
government and in 1973 the old Code was replaced by the new Code of Criminal
Procedure, 1973 which also provides wide powers to the police. These powers are
given to the police so that it can maintain law and order in the society and keep check
on ever increasing crime. As the base of the police system and of Code of Criminal
Procedure remains same and even today police is enjoying wide powers and the political
shelter in case of misuse of these powers. To exceed the power has become the nature of
the police and after the sixty years of independence the situation is getting worse. Now
the common man has fear in his mind towards the police. He thinks hundred times
before filing an F.I.R. or to report a complaint. Because of their rude behavior they
usually shirk to witness about an incident in the court of law or to save a person met
with an accident on the roadside. Further power of arrest without warrant under section-
41 and 42 of Cr.P.C is also subject to misuse by the police and torture in the police

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Investigatory Power of Police Under the Code of Criminal Procedure, 1973

custody and deaths in the police custody are natural outcome of these wide powers.
There are many incidents when police arrested the person without a fault and only to
satisfy the interest of rich class or of politicians. Even people used these powers of
police to settle their personal scores with each other. Power of investigation and search
and seizure are also misused by the police very widely and there are many incidents
and cases where these powers are used to threaten the innocent people and not to
protect them. Power under section -129 to disperse an assembly by using civil force is
also subject to misuse by the police. There are many incidents published in the
newspaper where use of this power reminds one person the incident of JallianwalaBagh.
On one day or other police often use lathi charge on the teachers or on the procession of
the students or any other section of society The Code has provided these powers to the
police so that it can check miscarriage of justice and stop immediately the crime by
instantly arresting the person who is involved in a crime and protect the public but the
police have taken these powers as granted and use these powers to extort money or to
show their status or to satisfy their false ego. This is so pathetic in democracy like India.
The Governments in India have been sensitive to the police reforms. To check
these malfunctions of the police the Government of India since the era of independence
constituted many commissions and committees. Important amongst them are: Royal
Commission, The Gore Committee, National Police Commission (has given mainly
eight reports to improve the structure of police and to stop misuse of powers by the
police), Law commission (in its various reports has given many important
recommendations), Shah Commission, The Roberio committee, The Padmanabhaiah
Committee and the Malimath committee. These commissions and Committees have
suggested many healthy recommendations but the lack of will attitude on the part of
governments has made many useful recommendations to gain dust on the public selves.
The recommendation like every arrest by a police official should be record in the case
diary and reason should be recorded in it; arrested person at the time of arrest should
tell the ground of arrest; cadre of investigating officers should be increased, replace the
outmoded Police Act, insulating the police from politics, Police performance and
accountability commission should be appointed, various guidelines issued by the
supreme court in Joginder Singh case, D.K.Basu case and recently Prakash Singh case
etc are not implemented till today. Need to be taken note of in democratic interest of the
society and these must be made a part of the Code of Criminal Procedure and the Police
Act.
The modern judiciary is playing crucial role to check abuse of power by the police.
There are certain lacuna in various law these officer try to get gain from them the
Supreme Court of India through its various progressive judgments reading many
international instruments tried to fill this lacunae but in spite of the various guidelines
issued by the Supreme Court (aimed at safeguarding the personal liberty and life of
citizen) and Constitutional provisions the incidents of torture and deaths in police
custody have not decreased but are becoming daily news. Today every person of Indian
society is aware how the violation of human rights takes place in course of investigation

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particularly when police with a view to obtain evidence or confession resort to third
degree methods including torture. Although we have many laws to protect the rights
but no law is there to check the abuse of power. Therefore, in the guidelines of the
Supreme Court the legislature police on various occasions. Recent amendments in
Code of Criminal Procedure although not yet properly enforced will be beneficial to
society if get enforced but it still need a second look to avoid its misuse.

72
An Innovative Idea to Establish a National Correctional University in India

An Innovative Idea to Establish a National


Correctional University in India
Dr. Mridul Srivastava1 , Amreen Rehman & Deeksha Sharma2

Take up one idea. Make that one idea your life - think of it, dream of it, live on that idea. Let
the brain, muscles, nerves, every part of your body, be full of that idea, and just leave every other
idea alone. This is the way to success.
Swami Vivekananda
National Correctional University will be the first of its own kind in whole India
which will emerge as a center for learning, innovation, knowledge, think tank and
motivated leadership that will shape and advance effective correctional practice and
public policy. As soon as a prisoner is prepared to leave a prison he probably has to be
catered with getting a job, place for living, reunion with family members, mental health
and other treatment necessary to improve general life skills. Why these criminals become
recidivist and where the role of prison department and correctional officer lies? The
best way is to stay in the community and be a successful law abiding citizen. The
desistence from crime is must. What is desistence? Desistence is a continuous persistent
self discipline for criminal behavior and become a productive member of society.
When the police and prison officials fail to meet our expectations, we react with
dismay, anger, and additional demands. Virtually every police department has policies
prescribing officer conduct and regulating use of force. No prison department or prison
chief should knowingly condone conduct that runs counter to either department policy
or constitutional standards. While there is accountability for acts of corruption and
other forms of wrongdoing in prison department, there is little or no accountability for
those who tolerate such an environment.
Even good people, placed in the wrong situation, will do the wrong thing. Bad
supervision, intense peer pressure, and an organizational culture that sends un- clear
signals can cause honorable men and women to behave in dishonorable ways. The key
moral problem for police departments is the same as it is for corporations, universities,
labor unions, and government agencies: how can you create a culture that will induce
members to strike the right balance between achieving an organizational goal and
observing fundamental principles of decency and fairness?
Values in prison system come not just from documents that describe them but also
from traditional prison culture. Too often, there is a disconnect between policies and

1
Assistant Registrar & Faculty in Criminology, Dr. Ram Manohar Lohiya National Law University,
Lucknow
2
Student, Dr. Ram Manohar Lohiya National Law University, Lucknow

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International Journal of Social Studies

practices, a failure of police management to monitor behavior and to respond


appropriately. If prison leadership does not assume an aggressive role in ensuring that
the prison culture is one of integrity and accountability, officers will continue to cultivate
their own culture in their own way.
The core idea behind this specialized National Correctional University is that the
Criminal Justice System is basically based/depends upon four pillars. First pillar is
police for which government is establishing specialized police and forensic universities
all over India and already the state of Gujarat and Rajasthan has opened far back. The
state of Kerala, Tamil Nadu and Uttar Pradesh are going to open these police and
forensic universities in couple of years soon.
The second and fourth pillars are prosecution and judiciary for which almost
every state has opened a National Law University and almost 21 State funded National
Law Universities are in existence in all over India. In the whole cycle of Criminal
Justice System the Correctional System is quite ignored and we forget that all three
other pillars are working for making a criminal into a non criminal by the way of
punishment but the Correctional System is actually doing the work through reformation
and rehabilitation.
Education is the core value for the prisoners that’s why the main emphasis was
on imparting education only by the reformation thinkers. In almost all Jails IGNOU has
started its courses and inmates are getting benefit of the formal education even while
serving their sentences. If National Correctional University will be established then all
these jails can be the study center for of the university and dependence on other university
will not be there. Not only prisoners but lot of prison staff right from the warder to
Superintendent they can also enhance their education and skills through the courses
rum by the National Correctional University.
Another advantage of opening of the National Correctional University will be
that the role, function and resourced of Jail Training Institute which was established
before independence in 1940 is limited and the type of training and development of in
service cadre and other getting that needs to be changed and strengthened. This Jail
Training institute can be merged with the Department of Training of the National
Correctional University.
The developed world has made significant advancements in all branches of
Criminology and criminal justice education; the etiology, prevention, control, and
treatment of crime and delinquency, as well as the measurement and detection of crime
as well as an examination of law enforcement, judicial and corrections systems.
Correctional Science and Criminal Justice education improves our understanding of
criminology and more firmly embeds the notion of the rule of law within the periphery
of criminal justice functionaries into the body politic. The field is now gaining attention
in many of the developing and transitional nations of the world including India, China,
South Africa, Turkey, Malaysia, Thailand and Venezuela, etc. However, the efforts for
promoting the scientific and analytical criminological studies are conspicuously absent

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An Innovative Idea to Establish a National Correctional University in India

in India, where weak rule of law traditions and popularly disparaged legal
infrastructures demand such scientific studies, perhaps more than any other social
sciences. The present proposal of establishing this specialized university is an attempt
to begin to move our state toward the acceptance of academic correctional science,
criminology and the adoption of criminal justice education within our institutions of
higher learning.
Every programme contributes to the development of social peace and stability in
the same fashion as every other social science programme would do in any civilized
society. The planners will appreciate the exhaustive work done in this proposal and its
comprehensive master level curriculum, which is proposed and designed in view of
the internationally available substance of correctional system, criminology and criminal
justice administration and its usefulness in the special context of India. Correctional
Studies and Criminology is a multidisciplinary field, rooted primarily in the social and
behavioural sciences. We have tried earnestly to incorporate all basic, relevant and
important topics and have avoided repetition and overlapping which is generally seen
in many programmes. The concerned university can adjust the syllabus according to
their prescribed rules and regulations. There is a wide range of choices and options in
it.
Universities hold a unique cultural and legal position in India. Not only do they
offer opportunities for academic excellence, they are upheld across the globe for
providing a complete learning experience through a mix of social and academic
experiences. Universities are supported by legislation but on the whole, they govern
themselves, with policies and protocols unique to each institution. There are times
however, when universities need support from other agencies. In this twenty first century
era of partnership work, in the face of financial constraints.
The proposal to establish a National Correctional University will certainly an
effort to bring the well planned systems, strategy, policies to continuously improving
the prison culture in the state of Uttar Pradesh through academic inputs and preparation
of a well qualified work force in the area of correctional service.
Everyone in the society must strongly support the establishment of this National
Correctional University, India.

Why National Correctional University, India?


Police, Prison and security administration is vital for maintenance of law and
order and ensuring peace and harmony in the society. The need of the time is to provide
efficient, trained and professional manpower to meet the demand of police and other
security forces. It is necessary to provide unique opportunity to the youths to build their
career in police and other security forces by this University. At the same time the police
and other security forces would also be benefited by recruiting such trained expert
manpower. In addition to this, it is desirable to train and prepare manpower to tackle
the upcoming challenges from various types of offences such as terrorism, economic

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offences, cyber crime, telecommunication offences and the offences requiring expertise
in forensic science. Apart from this correctional administration is also a big area which
includes the disciplines like psychology, law, criminology, social work and sociology
etc. The University will conduct degree, diploma and “in service courses. The University
intends to undertake capacity building courses with the help of modern technology for
managing issues related to internal security, terrorism, organized crimes, cyber crimes,
economic offences and crimes related to juveniles. The University, by way of providing
efficient persons for security forces, helps the Government to enhance the security and
safety of the people in the Country. At the same time the University has undertaken
research work in various fields of police administration and security management.
As the tasks of police have grown and diversified, the need for specialization
within police forces has also increased. Most police forces have many structural
subdivisions dealing with specific tasks; for example, criminal investigation, law and
order, anti-drug squad, etc. With leading criminal and terrorist activities like narcotics
trade extending beyond the national boundaries and the inter-state terrorist activities,
there is also an increased role for police modernization and professionalism in policing.
Today’s police executive must possess an extraordinary range of capacities. The
complexity of the role is indicated by the following enumeration from Conference
participants: Leader; Decision Maker; Confidant; Politician; Disciplinarian; Therapist;
Mentor; Administrator; Taskmaster; Spokesperson; Community Leader; Educator;
Change Agent; Facilitator; Partner; Negotiator; Role Model/Example; Steward; Student;
Parent Figure; Visionary; Manager; Minister; Leadership Developer.
These responsibilities are fulfilled in service to the community, department,
workforce, governing body, and the profession. Those referenced with greatest frequency
as “highest priority” may properly be regarded as the perceived core of the executive
role, a model for contemporary leadership. A substantial degree of consensus
characterized the relative positioning of priorities.
Responsibilities to the Community: cluster of duties and responsibilities as highest
priority
 communication,
 collaboration,
 partnership development,
 understanding of and responsiveness to needs.
Cited only somewhat less frequently were: efficient service; freedom from fear;
improved quality of life; equal protection and service to community clienteles; integrity
of the police agency; and trust building. Crime specific responsibilities mentioned with
less frequency than the foregoing included: reduce crime; problem solve; provide safety
and crime prevention education.

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An Innovative Idea to Establish a National Correctional University in India

Responsibilities to the Governing Body: Demonstrating integrity, trust, truthfulness,


candour, and commitment were referenced most prominently. Following closely were
 supplying information and education on the needs and complexities of the
department,
 delivering quality public safety services with effectiveness and efficiency,
 providing equal protection and service to all persons,
 maintaining good communications and access,
 being honest in communications,
 not promising what you can’t deliver, and
 being responsive to governing body concerns.
A somewhat less frequently referenced cluster included: recognizing and utilizing
resources of other government agencies; intelligent stewardship of resources; being
politically astute without partisanship; maintaining an awareness of political
interactions; facilitating response to and prioritizing city-wide needs, requests, and
goals.
Responsibilities to the Department and the Workforce: Two sets of duties and
obligations demand highest priority. The first concentrates on inspiring and procreating
leadership
 developing future generations of police leaders
 creating career opportunities
 developing talent and skill capacities at all ranks
 creating a career concept
 demonstrating what a good leader is
 maintaining high principles, even in the face of great opposition
 serving as an example.
Following closely is a set of modelling and enabling duties and responsibilities
 ensuring integrity and respect
 providing guiding principles and values
 exhibiting equitable treatment of all personnel
 providing appropriate tools to do the police job, including up-to-date technology,
and creating a quality work environment.

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Providing a vision, a clear mission, goals, and objectives were singled out by half
of the contributors, along with “developing” the department to enable it to successfully
manage present and future workloads.
Receiving far fewer highest priority references, indeed only occasional ones, were
coordinating operations and planning, providing reasonable wage and benefit
packages, cooperating with other agencies, sharing information, and shielding the
department from political pressures.
Responsibilities to the Profession: Governing obligations of the executive are to
advance the profession by
 developing even more effective leaders,
 pursuing “every officer a leader” strategies,
 mentoring new leadership,
 raising professional standards, and
 helping to develop a common body of police and leadership knowledge.
Studies show that information processing power has been increasing at an
exponential rate for many years and will continue even faster in the future. Given the
rapid rate of change in the coming years and the new capabilities and opportunities
that it will bring to policing it is important to remember that we cannot continue business
as usual. To be successful over the next fifteen years police must constantly adapt to
changing circumstances driven by new technologies and creatively explore better ways
of fulfilling their mission. The trend toward smaller, faster, more capable computers is
making it possible to incorporate information processing into every aspect of our life,
and the implications for our world and policing in the future are quite significant. One
result of these accelerating changes is that we are beginning to see the emergence of a
new organizational paradigm called “network centric” or “net-centric” organizations.
These changes can be seen in prison security systems too in recent years.
Technology has always generated profound changes in the way people live,
culture, social norms, business processes, organizational structures and government
policies. Policing will become more difficult in the next decade and a half, not less, and
in order to understand how we will need to operate with the tools available in the
future, we must try to envision how technology will have changed the world from the
way it is today. Technology also changes us; technology gives people new options for
living, working, and accomplishing tasks while altering the way we relate to one another
and our perceptions of the world. Some people perceive the changes wrought by
technology as bad or dangerous; some people embrace them as life saving and socially
beneficial.
In our discussion of technology for policing and prison security it is important to
recognize that the technologies themselves are simply tools, neither inherently good

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An Innovative Idea to Establish a National Correctional University in India

nor bad. It is the application of technology by people within society that makes them
good or bad, beneficial or dangerous. The most important component of the future of
policing, therefore, is not technology. Technology for law enforcement is only important
within the context of how police and prison officers use it to do their job or how criminals
use it to harm others. Technological tools will continue to be critical in efforts to protect
the public, identify and apprehend criminals and terrorists, and investigate crimes. It
will always be the way police officers use those tools that will determine whether they
are actually beneficial for society.
As we think about the use of technology by police officers in the future we need to
consider not just the tools they will use but the people behind those tools. We will need
to consider how police and prison officers use them within their communities, both
real and virtual, what kind of training they will need to function effectively, safely and
ethically while using technology, and what effect new technology applications will
have on both public safety and civil liberties. We will also need to consider the
appropriate educational level of police officers using technology in the Information
Age and how to further educate police administrators so they are able to competently
procure and manage complex technological systems while providing ethical leadership
and sound guidance to the officers who will use them within our communities.
In the current scenario, in order to combat the issue of increase in crime and for
providing better policing to criminal justice system in India, there is dire need to establish
a Correctional University at state level where the students could study various aspects
of new emerging trends of crime and the effective measures in combating the problems
as well as correctional administration. The police as a part and parcel of the criminal
justice system play a very pivotal role in the administration of the criminal justice.
Moreover, it is a very fundamental functionary who feed the system. Since a long time,
the police system has been a matter of great concern among various committee reports
(Soli Sorabjee Committee, Vohra Committee, Justice Verma Commitee etc.)
criminologists, politicians, social workers and a public itself as every times they have
raised the issue of police modernization, professionalism and police reform. The
emphasis on education of Criminology, Police Science and correctional administration
is to develop professionalism and efficiency in police wing and the students who are
willing to come in this cadre.
Recently, very first Police University has been established by the Gujarat
Government in the year 2012, in Ahmedabad named Raksha Shakti University. On the
same guideline, this year also the Rajasthan Government has established a university
named Sardar Patel University of Police Security and Criminal Justice at Jodhpur.
Ministry of Home Affairs, Government of India has also established National Institute
of Criminology and Forensic Science in Delhi to cater various specialized courses in
criminology and forensic science and provide professional training to police wing in
context of Criminology and Forensic Science.

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Broadly speaking, the University will serve the following objectives.


 To cater education in Criminology, Police Administration and Correctional
Administration at undergraduate and post graduate level.
 To conduct post-doctoral (Ph.D) program/ research on various issues of emerging
trends of crime, criminology and police security issues and effective measures in
tackling the problems.
 To provide training and develop professionalism in the officers of police and
prison services.
 To expose the participants to the recent changes in the global, national and local
environments and their implications for police administration and criminal justice
professionals.
 To provide knowledge about universal developments in the theoretical and
practical aspects of police administration.
 To enable the participants to understand and appreciate police administration
from citizens’ perspective.
 To acquaint the participants with latest technology in the field of police
administration as well as correctional administration.
 To develop social work policies and interventions in various aspects of criminal
justice system with a view to reform and corrections.
 To organize seminal/conferences/workshops/symposia on various issues
regularly
 To prepare various publications, reports, journals, ready references etc. regularly.
 To generate employment for the students who are willing to serve this wing.

Significance of the Courses


The following are the significance and opportunities of this course-
 To cater modern training to all the pillars of criminal justice system (police,
prosecution, court and correctional administration) with a view to strengthen the
foundation of criminal justice system.
 To help in formulation, implementation and assessment of various schemes,
policies and planning’s of central and state governments.
 To provide training to various government and non government organizations
periodically.
 To cater training to the staffs of juvenile homes, observation homes, shelter homes,
women protection homes periodically.
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An Innovative Idea to Establish a National Correctional University in India

 To provide modern training to the prison reform committee and social work
organizations with a view to ensure reformation and rehabilitation in prisoners.
 To provide training to the members of Juvenile Justice Board and Child welfare
Committee.
 To help in formulating rules accordingly the acts passed by the parliament like
Juvenile Justice Act, Police Regulation Act, Prison Act, NDPS Act, Domestic
Violence Act and many other acts which falls under the shadow of criminal justice
system.
 To develop professionalism in scholars who want to join this cadre through public
service commission and various centre and state level competitive exams

Proposed Syllabus for Different Courses in Police Science,


Correctional Administration, Criminology and Criminal Justice
Introduction to Criminology, Forms of crime, Criminal Law and Procedure,
Criminal Justice System, Juvenile Justice, Theories of crime, Psychology of crime, Forensic
Science, Research Methodology, Policing and Law Enforcement, Penology and
Correctional Administration, Economics Crimes– I (Banking and Credit Card Frauds),
Economic Crimes – II (Insurance and Capital Market Fraud), Specialization of Security
Management, Fundamental of Security Management, Disaster Management,
Specialization on Human Rights, Human Rights’ Movement and Organization, Human
Rights’ and Criminal Justice, Crime Prevention Management, Victimology and Victim
Assistance, Legal Processes for Economic Crimes, Corporate Security Strategies, Rights
of Under -Privileged Persons etc.
The syllabus of the course will not only cover wide spectrum of in depth study of
four functionary of the criminal justice machinery that is Police, Prosecution, Court
and Correctional Administration (Prison) but also new forms of crime which are
multiplying day by day in the current scenario and which the society faces regularly
exclusively like Cyber Crime, Corporate Crime, Organized Crime, White Collar Crime,
Economic Crimes, Terrorism, Insurgency, Human Trafficking, Sexual Offences, Domestic
Violence, Youth Violence, Juvenile Delinquency, Female Crime and Criminology, crime
investigation, Human Rights, Social Work and many other perspectives with a view to
strengthen the state police wing, which intensifies the multifarious dimension of the
course.
To bring efficiency and to promote professionalism in prison system there is the
need of hour to establish a correctional university where the specialized courses could
be conducted for youth who are willing to join this cadre and in service personnel’s
exclusively on new emerging pattern of crime in context with the current scenario,
criminology and criminal justice, police and security administration, cyber security,
crime investigation, tactics to encounter terrorism and other socio-economic issues
with the view to strengthen the modern state police wing.

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Mission and Vision


The university will provide quality teaching, research, training and consultancy
for achieving excellence in the field of Police Administration, Criminology and Criminal
Justice to meet emerging security challenges faced by the society and usher in a new
culture of excellence and bring professionalism in police organizations.

Proposed Departments
1. Department of Correctional Studies and Administration
2. Department of Police Science and Police Administration
3. Department of Criminology and Criminal Justice Administration
4. Department of Forensic Science and Cyber Security
5. Department of Criminal and Correctional Psychology
6. Department of Human Rights
7. Department of Social Work and Correctional Administration
8. Department of Anti-Human Trafficking Management
9. Department of Sociology and other Social Studies
10. Department of Socio-Legal Studies

Correctional Administration and Criminology: A Modern Discipline


Correctional Administration and Criminology is not only the study of crime, its
genesis, its processes or the societal response to crime but also a comprehensive
discipline, rapidly gaining sophistication, ultra-specialization and all-embracing
pervasiveness into the very fabric of relations of societies, governments and international
community. Correctional Administration and criminology is a specific term that denotes
the studies and research which directly or indirectly deal with prison and correctional
work. Studies and research in criminology, forensic science, psychology, jurisprudence,
community policing, criminal justice, correctional administration and penology all
come under this umbrella term Correctional Administration and criminology’. It thus
includes physical and social sciences. It is now an academic exercise, an intellectual
pursuit, a professional career, a challenging job, a creative work, a decorated education,
a research-oriented knowledge and above all, a noble and profound scholarship,
respected and admired by all great institutions of learning all over the world. It would
be rather apposite the explanation of criminology given in the Constitution of the
European Society of Criminology (ESC), where it refers
“To all scholarly, scientific and professional knowledge concerning the
explanation, prevention, control and treatment of crime and delinquency, offenders

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and victims, including the measurements and detection of crime, legislation and the
practice of criminal law, and law enforcement, judicial and correctional systems.”
This is one of the excellent and noticeably broad-spectrum explanations of
criminology, police science and correctional administration. Same is in the minds of
the originators of the proposed Institute of Police Science, Criminological Research and
Criminal Justice in India. However, for an academic and historical interest it would
appropriate to reproduce the more famous and classical definition of criminology,
which was given by a remarkable celebrity in the field of criminology, Edwin H
Sutherland, who says, criminology is;
“The study of making of laws, the breaking of laws and reactions to the breaking
of law”
In comparison to the classical definition of criminology by Sutherland it would
be appropriate to reproduce the definition given by the jury of distinguished
criminologists who decide the nominations for ‘The Stockholm Prize for Criminology’.
The jury agreed on the following definition of criminology and Police Science:
“Criminology and Police Science is the integrated, multidisciplinary study of the
causes, prediction, and control of crime and other harmful behaviour constituting a
breach of societal norms at a local, national, or international level. Criminology is
guided by a commitment to human rights, democracy and equality”
The Jury for this outstanding award has further elaborated the criminological
study which includes but is not limited to the following: -
(a) The character of crime and other harmful behaviour that breaches societal norms
such as its extent and the nature of variations in the distribution of such behaviour.
(b) The causes of crime and other harmful behaviour that breaches societal norms, as
well as of law-abiding behaviour, from the individual to the structural levels.
(c) The politics of crime control including processes of criminalization,
decriminalization, and other political processes related to punishment, treatment
and other measures associated with the prevention of crime and responses to
crime and other harmful behaviour that breaches societal norms.
(d) The criminal justice system, including the work of policing, prosecution, defense,
courts, prison, community supervision, other correctional efforts, and alternatives
to criminal justice.
(e) Other societal institutions, groups, processes, and programmes that work with
crime-related questions, including the prevention of crime and the prevention of
injustice.
(f) Victimology, including the study of victimization processes and societal efforts to
provide reconciliation, redress and assistance to the victims of crime and of other
harmful behaviour.

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Almost every reputed seat of knowledge in the modern world, whether college or
university, offers from masters and M Phil to doctorate and post-doctorate degrees in
criminology and its various branches. Some outstanding universities, for example,
Oxford, Cambridge and Tuebingen and many others have their separate Institutes of
Criminology. The Jerry Lee Centre of Criminology situated in the first University of the
USA, the University of Pennsylvania, Philadelphia has earned a widely reputed name
in the field of criminology and criminological research and training. The Australian
Institute of Criminology is being established under an Act of the Government, the
Criminological Research Act 1971, which is now one of the leading institutes in the
world, producing copious literature, studies and research of enormous insight every
year on the subjects related to criminology. Interestingly, the Australian Institute of
Criminology is working under the Government of Australia and its JV Barry Library is
the most comprehensive library on the said subject, having 25,000 books and 1440
serial titles on criminology. (https://www.aic.gov.au/)
The developed free world has the right of genuine pride in making criminology a
well-defined, research-based, meaningful and an independent academic discipline in
the family of social and clinical sciences. The profuse literature on a single issue of
criminological interest clearly shows the commitment of world criminologists in making
sense of ‘what has gone ‘wrong’ with human beings and ‘what works’ as a timely,
prompt and proper corrective reaction to the behavior under question. All these
individual and collective academic endeavours have made criminology one of the
most respected, noble, scientific and rewarding disciplines for theoreticians, researchers,
practitioners, social workers and the people of law-enforcement agencies and criminal
justice systems in the developed world. Consequently, a wide range of public policies
is influenced by the writings and opinions of the brains in the field of criminology. Prof.
Lawrence Sherman’s works can be quoted as an example in this respect.

Expansion of Police Science, Police and Correctional Administration,


Criminology and Criminological Research
In contrast to our intellectual poverty and deprivation in the field of criminology and
associated scientific research in India, we are compelled to appreciate criminology as a
comparatively more open discipline than other social sciences to adopt and implement
new approaches being practiced in other parts of the developed world. In an essay in
the official newsletter of the American Society of Criminology, ‘The Criminologist’ (July/
August, 2006) Shawn Bushway and David Weisburd of the University of Maryland
observe,
“In a recent edited book on quantitative criminology (Bushway and Weisburd 2005), we
demonstrate that criminologists have not only drawn on sophisticated and cutting edge
approaches from other fields, they have also given significant attention to the ways such
approaches must be adapted to fit criminology problems”.

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An Innovative Idea to Establish a National Correctional University in India

This means that criminology has now come of age and the level of maturity which it
has attained is so self-sustained and highly enriched that it has now become a
complementary and contributing discipline to other social sciences as well. In the
initial stages of its development, criminology was a ‘parasite’ on law, psychology and
sociology, but soon it went out of the cocoon-triangle and started its own independent
life (Figure. II). Same is the view of the above quoted writers who, while explaining the
creative contributions of criminology, observe that,
“Among the disciplines tracked in a recent survey of social science research methods,
criminology is the only field to show a marked increase in the use of experimental designs over
the last 40 years (Boruch et al.2002) Moreover, there are now examples, such as the trajectory
models introduced by Nagin and Land, of innovative methods developed specifically for
quantitative criminology being exported to other fields.”

Birth of Criminology

Birth of Criminology

Figure-II

Criminological research has a simple definition by the Australian


Criminology Research Act, 1971 which defines it as,
“any research in connection with: (a) the causes, correction and prevention of criminal
behaviour; and (b) any related matter.”
Despite this simple and brief definition, criminological research is one of the most
difficult, time-consuming and energy-demanding exercise which is severely amenable
to a plethora of social variables and is an evidence-based Empirical process vis-à-vis
the researches in other fields. It is continuously being evolved and like a positive
symbiosis of intellectual interaction and academic intercourse, the criminologists never

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skip an opportunity of bringing new methodologies and techniques to be adopted and


adapted in the scope of their research obligations. This positively expanding, reconciling
and absorbing capacity of criminology is being hinted by the above writers as,
“We also think that criminology departments need to be more open to hiring explicitly
methodological researchers. Sociology departments, which admittedly tend to be larger, have
hired statisticians …… We believe that the overall quality of both training and research would
improve if criminology departments more aggressively recruited methodologists who have an
interest in studying crime and the criminal justice system. Moreover, explicitly methodological
researchers could improve the quality of our annual meeting and create more dialogue about
appropriate methods of criminology…………The issue is whether as a field, we have the necessary
infrastructure in place to make sure that we will continue to apply the best possible approaches
to the questions of interest in criminology and criminal justice………..we advocate a renewed
attempt to focus greater attention on research methods and statistics in criminology. We think
that such a focus is critical to advancing our discipline as a social science.”
(Shawn Bushway and Weisburd, 2005)
All this discussion reminds us the ‘inherently interdisciplinary’ nature of criminology
which is now reflected in the integrated theories and is a prompt response to the
insularity of criminology where the specific and specialized training in criminology
put a risk of isolation of criminology from the disciplines from which it sprang. The
criminologists are aware of the situation and sometimes advise us to,
“Make a regular practice of academic thievery by keeping our eyes on sister disciplines to
see what ideas would be useful to take for ourselves——I believe that one of the best ways to find
new insights that will keep build our field is for criminologists to steal ideas from these fields
and bring them back to the rest of us. I am going to suggest that we should balance our thievery
with charity, by giving our own riches away to other fields wherever we have the chance”
(D. Wayne Osgood, 1998)
This interaction between criminology and other social sciences, sometimes creates a
situation of ‘intellectual leg-pulling’ in the academic arena. Savelsberg and Sampson
(2002) put it, “Sociologists worry that sociology and criminology are becoming isolated
from each other.”
Similar is the case of biology and psychology, which are vying with sociology for
prominence in criminology. But all this is a healthy competition and is rewarding for
these other fields also, as Steven Barkan has rightly observed,
“These fields enliven the discipline and have forced sociology [and of course, other sciences
too] to sharpen its theoretical and empirical focus.”
(Steven E. Barkan 2006)
Criminology, Correctional Administration and Police Science learns from history and
has a history of its own; the history of crimes, the history of governments and the
societal responses to crime and the ultimate outcome of human behavioural aberrations

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An Innovative Idea to Establish a National Correctional University in India

and corrections proposed by the authority of the time. Criminology not only learns
from history but also gives enough to the annals of history for future consumption and
guidance. Steven Barkan, after giving a few past examples of tumultuous crime waves
in the United States, draws his conclusion as,
“This brief history reminds us that crime has always been considered a serious problem.
………… This concern helps drive policy decisions about crime and criminal justice.”
(Steven E. Barkan 2006)
Moreover, a number of complex set of factors have clearly triggered a dialogue
between religion and criminology. Religion, with its ethical and compassionate
principles has seen a reemergence on the international criminological agenda and
many policy-makers are trying to re-discover the role and extent of religion in certain
rehabilitation programmes, restorative justice movement and adult recidivism. The
potential for criminology to learn from religious insights is now more vehemently
emphasised with an honest suggestion that such an effective dialogue should truly
inform and advance each discipline.
“Policy makers have everything to gain from fostering a dialogue between criminology
and religion/ spirituality provided the dialogue between criminology and religion/ spirituality
provided the dialogue”
addresses the fullness of what it means to be human to be authentic, therefore, the religion
criminology dialogue must address each level of inquiry that humanity poses about the criminal
justice system: what is it; is it true; is it good; and is it loving.”
(Thomas P. O’ Connor, Jeff Duncan and Frank Quillard, 2006)
Much has been said about the mutual contributions and interdependence of major
social sciences, police science and criminology but the latest interaction of economics
and criminology has caused immense interest in the circles of academics and policy-
makers. The theoretical application of economic models to police science and
criminology and the costs and benefits analysis of crime and criminal justice intervention
by criminology is the kind of collaboration where both the disciplines can benefit from
each other.(Shawn Bushway and Peter Reuter, 2005) And who doesn’t know the
contributions of James Q. Wilson, a political scientist, to the field of criminology.

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International Journal of Social Studies

Symbiotic Interaction of Criminology with other Social Sciences

( Figure. III )

Do We Really Need Correctional Administration, Police Science,


Police Administration, Criminology and Criminal Justice
Administration as an Academic Subjects?
In view of the above situation at the global level, one can rightly, positively and honestly
demand the establishment of an Institute of Criminology and Criminological Research
which should offer a undergraduate degree (Criminology and Correctional
administration and in other allied subjects) with a full three-year course and masters
degree (i.e; MA in Correctional Administration, MA in Police Science, MA in Criminology
and Criminal Justice Administration and Master’s in other allied subjects) with a full
two-year course based on a scientifically and rationally devised curriculum in the light
of modern developments in criminology and police science, and with a special reference
to the social institutions and criminal justice system of the country. The Institute will
have the greatest responsibility of doing scientific and evidence-based researches into
the crimes of our country, which have never been addressed academically and
analytically. The university or the government which takes the initiative to establish
and affiliate such institute, will take the first banner and pioneering prize of introducing
a new, purpose-oriented and modern subject to her academic credit and horizon. It will
not be a placid and dry bookish innovation but a creation of interest, liveliness, subtleties,
and an ennobling contribution and service to humanity. The knowledge of criminology
adds to a better understanding of normal and abnormal behavior of an individual and

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An Innovative Idea to Establish a National Correctional University in India

group in the society. It makes one conscious, considerate, cooperative and more humane
than any other abstract and physical sciences. It brings one closer to humanity and
triggers a wonderful thought-process in identifying the root causes of crime and deviance
in any given society. It makes one a law-abiding and knowledge-seeking citizen of the
country.
Lamentably, we don’t have any such institute, nor do we have any concerted efforts in
this direction. Don’t we need any modern education and a better and rational
understanding of our criminal processes? Of course, we do. The reader will definitely
be astonished by the fact that not a single research has been done on the country-wide
agitation on the issue of blasphemous cartoons and its underlying reasons in the months
of February and March, 2006, where property worth millions of dollars was destroyed,
put on fire and looted in almost all major cities of the country, besides loss of dozen of
precious human lives. Don’t we need to enquire into the extent, severity and magnitude
of intermittent bomb blasts and suicidal attacks on public processions and law-
enforcement personnel, in almost all big cities and especially in the areas adjacent to
the tribal territories of the country? Should we not know how many children are sexually
molested before they are killed? Is it not required and suggested to evaluate the observable
impacts of a newly promulgated law on putting an end to the discrimination against
women and minorities? Should we not agree to the point that the statistics on crime are
compiled by the police which itself is a party to the whole process, and should we not
critically examine it for the sake of a true picture of the law and order situation around
us? Should one not peep into the bewildering fact that despite high percentage of
arrest, few are sentenced and more are acquitted on grounds of legal lacunae,
investigation loopholes and technical mistakes? Many more pricking and dejecting
questions strike the minds of sensitive and sensible academicians. If you too agree that
we should know the reasonably true answers to all such questions, you in a way are
supporting our idea that we must develop expertise and professionalism in looking for
the right answers. It is now high time that we must embark upon the idea of an University
of Police Science and Criminal Justice with a view to produce a whole lot of committed,
creative and visionary researchers in the field of criminology and police science in our
country.
To start with, we need an undergraduate and masters level programme where we
should socialize, educate and train the brilliant students from the available degree
holders of Intermediate for undergraduate programme and BA (preferably having
sociology, or law in their graduate studies) or LLB for masters level programme. A two
year academic session will provide us with a number of young and fresh minds who
can then render unbelievable services in promoting the cause of the institute and
advancement of police science, criminology and criminological research as an academic
career in their life. An honest facilitation, a kind appreciation and a real support is
needed for this purpose, both by individuals, and institutions, and particularly by the
people who are engaged in promotion of higher education, enforcement of law or
dispensation of justice. Their advice and support will not go unnoticed and unrealized.

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There are certain ‘allegations’ and ‘criticism’ on police science, police administration
and criminology for being a ‘hotchpotch subject’, or a discipline of ambiguous and
inconsistent approaches and methodologies. These critics ignore the developmental
stages of any new subject in the world. In old civilizations, only the dictates of a king or
the teachings of a religion were regarded sufficient and as a complete code of life, but
today we have numerable subjects and disciplines. Will you believe that at the present,
we have about 300 journals on police science, crimes, criminology and criminal justice
only in the English language? This shows how far police science and criminology has
gone in its development during the last one hundred years. Many of us know that there
used to be a single village doctor for all practical purposes, but now we find more than
a dozen of specialized doctors for the different parts of the human eye. People don’t go
only to a general practitioner or an ophthalmologist but they enquire whether the
doctor is famous for treating retinal detachment, squint operation, cataract or vitreous
intervention and so on. Moreover, these ‘critics’ further ignore the controversies in
other fields like Political Science, Religion or Economics. Do we have a uniform definition
of democracy? Is there any consensus on a unitary or federal form of government? Has
any religion brought peace to the world at any stage of human existence? Had poverty
been alleviated by Marxist-Leninist theories in the then USSR or former socialist states
of Eastern Europe? Is man happy today with market-economy and unlimited free-
speech? So if there are conflicting views in every field of knowledge, then criminology
can’t be blamed unnecessarily at these developmental stages, and we should be patient
enough to wait for a proper time and evaluation in future. Here it would be appropriate
to quote the last words of Sir Leon Radzinowicz while he was giving a speech to
intellectual celebrities at Cambridge on his ninetieth birthday (24 September, 1996).
These are also the last paragraph of his marvelous book
Adventures in Criminology. He said,
Friends, I wish you well in all your endeavours. Face with courage the inevitable
disappointments, and continue, through your teaching and research, to dispel the heavy clouds
of opportunism, prejudice and oversimplification.”
(Sir Leon Radzinowicz, 1999)
In fact, criminology remained overlapped by psychology, sociology and law for the
past few decades. Now as an emerging field of voluminous research with independent
identity, criminologists have started devising their own curriculum, which is now
independent of the other departments of social sciences. I think the first great leap
forward was the establishment of the Institute of Criminology at Cambridge in 1960-61.
This doesn’t mean that we are unaware of the other significant but small-scale
developments like the School of Criminology at Berkley or University of Melbourne
Department of Criminology in the 1950s, and so many other sporadic adventures
throughout the world. If one is interested in a complete story of an initial foundation of
criminology as an independent discipline in a country like Australia, one may read
and enjoy a wonderful and historical account ‘The ABC of Criminology’ by Mark

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An Innovative Idea to Establish a National Correctional University in India

Finnaane, published in the British Journal of Criminology volume 46, number 3 May
2006. Perhaps every new initiator has to undergo the same processes, though with a
different level of exertion, intensity and interest.
For a brief account of the development of criminology as a social science in USA
and UK, the reader may consult and read the first few pages of Criminology by Stephen
Jones, 3rd edition 2005, Oxford University Press, though we have now separate books
on the history and development of criminology. The most interested readers are invited
to read David Garland’s excellent chapter on ‘Of Crimes and Criminals, the Development
of Criminology in Britain’ (Chapter1) in The Oxford Handbook of Criminology which is
one of the most eloquent, most comprehensive and most scholarly historical account of
the development of criminology in the modern world. This wonderful treatise provides
the reader that when, how and why modern criminology became a ‘composite, eclectic
and multi disciplinary enterprise’.
“If the emergence of a criminological discipline was the coming together of traditions of
inquiry that had once been more distinct, it was also, and more immediately, the achievement of
a few key individuals, backed by an alliance of interested organizations. These discipline-
builders had to struggle with all sorts of resistance, but their decisive advantage was that they
acted in a context in which government ministers and officials had become receptive to the idea
that policy-making could be enhanced by the availability of systematic research and trained
expertise. The shrewd political skills and institution-building energies of Leon Radzinowicz
were particularly important (not least in persuading the Wolfson Foundation to fund the British
discipline’s first chair and provide the Cambridge Institute with the resources to become one of
the world’s leading centers of criminological work), as was the influential teaching of Hermann
Mannheim and the proselytizing work that he and the other ISTD [Institute for the Scientific
Treatment of Delinquency, establish in 1932] members conducted in academic and practical
circles. Similarly, the impressive body of research publications produced by these authors and
others, such as Burt, Bowlby, Grunhut, Sprott, Mays and Ferguson, created a strong case for the
value of criminology as an academic subject………By the 1960s, then, one could say with
confidence that a discipline of criminology had come into existence in Great Britain.”(David
Garland, 2002)
China has also made some recent but enviable advancement in the field of criminology.
In the 14th IPES Annual Meeting, hosted by Dubai police in April 2007, Jiamming Mei,
an Associate Professor in the Department of Criminology, Chinese People’s Public
Security University, said,
“For research about Chinese police and policing, some scholars had kept their eyes closed
on this topic for many years, but in the past decade, there has been a growing interest in the study
of crime in China”.
Turkey is another example where the security studies and criminology has been
given enough consideration in their police training courses. At a dinner at Dubai Police-
IPES meeting, Prof. Dr. Gary Cordner of the Eastern Kentucky University exclaimed
with extreme curiosity that, ‘he does not simply understand why Turkish Police have

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sent one hundred of their police officers for Ph.D courses in criminology and police
science to different US universities’. ‘I could not simply comprehend the reasons for
this large number of doctorate scholars in the Turkish National Police’. Many may not
be aware but I know from some of my friends in the Turkish National Police that they
want a police force which does not use only weapons but also brains and which knows
how to deal with the crime problem in an academic and scientific way. Hopefully,
these cop-cum-scholars will add to the security studies and criminological research of
their country in the near future.
It is narrated on the authority of Prof. Chris Eskridge that at the present 50 universities
award Ph.D degrees and 250 universities award master level programmes in
criminology, police science and criminal justice around the world. He further told that
there are more than one thousand graduate/undergraduate programmes in criminology
and criminal justice education offered in various schools and colleges only in the USA,
however which don’t mean or guarantee a future career in criminology. This number is
expanding and though it is a relatively small number, yet it is quite an impressive
figure for such a nascent, ultra- sophisticated and multidisciplinary subject. However,
for my country, the story goes depressing and is woven around departmental jealousies,
bureaucratic bottlenecks and academic apathy. But we have to change this situation
and have to work for the best we can.
The basic idea of having such a vast curriculum is to broaden the horizon of the
students and enlarge their vision in a multi direction fashion. Crime is not a simple
phenomenon. It is always a complex process. So we expect our students not to rely on
one or other text book only but to carry out searching more and more reference books,
journals, websites, research reports and studies wherever available to them in or outside
the institute. The given subjects within the frame of main title are also not exhaustive
and final. They may overlap with the sub-titles of other subjects, but no doubt that all
these subjects are interconnected and inter-related in the vast field of main subject of
criminology. Many new sub-titles may be added and many may be left to the personal
efforts and ‘home work study’ of the students.
The more interesting will be the students’ individual thesis writing, book review and
their panel presentation on a variety of separate subjects. This will be of immense
importance in developing a student’s presentation skills, communication skills,
confidence and a research-orientation for his/her practical work in the society later on.
With this short explanation you may please study the given curriculum in the following
pages under the topic of proposed curriculum, which will be covered and taught by a
number of committed teachers and practitioners, belonging to a wide range of disciplines
and professions like social work, sociology, law, psychology, prosecution, judiciary,
police, NGOs, media, intelligence, social research, statistics, and of course, criminology
and criminological research. They may belong to different disciplines but they will
have a common understanding about criminology, and a respect and commitment for
the aims and objectives of the institute.

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An Innovative Idea to Establish a National Correctional University in India

Career after Masters in Police Science, Correctional Administration,


Criminology and Criminal Justice Administration
Today’s world is full of competition in every field of life. Some people have raised
education to the level of industry and the phenomenon of ‘competitive education’ is
putting serious questions to the intellectuals and policy-makers. Public policy-makers
object to the role of social organizations and criminologists whereas the world
academics are of the view that they have a role in devising and presenting such policy-
options which are of public-relevance. Ignoring this debate, I have to ask some questions:
Is education the only mean of livelihood? Do we study for the sake of bread and butter
only? Is not knowledge a power in the hands of those who know? If you can appreciate
what I want to convey, you will definitely support me in my view that education provides
us with awareness, consciousness and a better understanding to live and let others live
in peace and tranquility.
A doctor may be treating patients and an engineer may be drawing maps but
another person may not have an aptitude for that. Do we think that a student after
getting his degree in MA philosophy goes round the streets and starts telling people
about the general will’ of Rosseau, the ‘Leviathan’ of Hobbes, the ‘felicity calculus’ of
Bentham or the philosopher-king theory of Plato? Similar is the case of other students
with literature and other social sciences. Even not all students of physical sciences turn
into creative scientists with inventions and discoveries to their credit. An American
police officer Mr.Warren J.Sonne, after getting retired from active service, not only wrote
valuable books on practical investigation of cases, but has also established two
companies for private investigations, providing consultancy to the people and
institutions who ask their help in investigating certain crimes for a second version or
impartial enquiry. There are numberless examples of the people who studied one field
but they excelled in some other field later on in their professional career.
Take the example of Dr. Irvin Waller, Professor of Criminology, University of
Ottawa; Founding Director General, International Centre for Prevention of Crime (1994-
2000) and President, Canadian Forum for Crime Prevention. He was an economist but
during his extensive studies and work in economics he suddenly explored the idea of
cost-effectiveness of crime prevention policies. Due to his earnest achievements and
fame he was asked by President Nelson Mandela to advise his government on Police
reforms in South Africa. He also worked for the Indian government and got an
international repute in the circle of internationally known criminologists. He teaches
in a University of Canada. Prof. Petter Gottschalk is a professor of information technology
(IT) who teaches at the Norwegian School of Management, Oslo. He is an example of a
recent convert to criminology.
Applying his extensive experience and deep insight he has written many excellent
papers and books, both in English and Norwegian languages on the use of information
technologies in investigation and about the knowledge- based management of law-
enforcement. It shows how open and accommodative is the field of criminology to

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anyone who wants to utilize his abilities in another field of enormous scope and
proliferation. The winners of the Stockholm’s Prize for criminology in 2007 are Prof.
Terrie E. Moffitt and Prof. Alfred Blumstein. The former is a psychologist and the later
was once an engineer by profession. This is how criminology is rewarding its
contributors; no matter they studied it in their early education or joined the ranks of
researchers later in their career.
By all these examples, it means nothing but to make the students understand that
if one is really interested in doing something valuable and worth mentioning in one’s
life, sky is the limit, and a vast range of opportunities is open to all of us.
“It is proposed that efforts be undertaken to establish and enhance academic
departments of criminal justice within the higher educational systems of the nations of
this world, and particularly in the developing and transitional nations. It is proposition
that in time, this strategic plan will reduce the scope and extent of crime and corruption
in this world. This proposal contains both preventative and curative elements, and
among other impacts, will yield an enhanced opportunity for transitional and
developing nations to secure external investment, realize increased economic stability,
and eventually participate to a greater degree in the global market economy. It should
be clearly indicated that many forces and factors must also be in place for these lofty
end to be achieved, but it suggest that police science, criminology and criminal justice
education can play a fundamental role in enhancing social peace and improving
economic prosperity in this world”.
“Perhaps the most significant long-term benefit of criminal justice education is
that students and faculty will conduct research that can be applied/implemented in
the local communities. Master’s thesis and doctoral dissertations will be written. Faculty
members will write journal articles and books, and will engage in grant activities. Vast
quantities of research will be undertaken. A significant body of criminal justice literature
currently exists, but it is Western-based. Over time, a body of unique, locally-based
criminologic knowledge will develop, and new and innovative responses designed for
the distinctive qualities of those communities will be forthcoming”.
The prospects of employment and jobs after doing criminology are very promising
in the west these days. Similar will be the case in other countries, sooner or later. Prof.
Tony Peters, the present President of the International Society of Criminology (ISC)
“Believes that as a result of new courses and the growth of the subject in general,
universities and colleges are now supplying professional criminologists to occupy
different positions within the justice system and at other organizations and agencies.
He argues further that this involves an entirely new role for students of criminology
and one that they need to be proposed for. Another big difference compared with the
past is the enormous focus on crime in media. Tony Peter points out that many
criminologists are frustrated by the way that crime is presented in the media. (He was
of the opinion that we must ensure that our students are prepared to play the role of

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An Innovative Idea to Establish a National Correctional University in India

experts in the media and to contribute to an improvement in the quality of the information
supplied to the public.”
(Susanne Eriksson 2006)
There are numerous and startling examples of distorting realities, whether
wittingly or unwittingly. Such examples are generally given in the books written on the
topic of crimes and media or crimes and society or crimes and public policy etc. The
cold patience and long academic endurance of criminologists and researchers have
unearthed such misconceptions, lies, twisted facts, fabrications, over dramatization
and sensational over reporting of the least occurrences. Steven E. Barkan has quoted
the uneasiness of a criminologist Mark Warr who was terribly moved on this situation
and went to say,

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“If I were an alien and I came to this planet and I turned on the television, I would
think that most crimes were……. Violent crimes, when in fact those are the least common
crimes in our society”
(Quoted in Williams 1994)
In view of the above discussion it is evident beyond any speculation that there is
a wide scope of employment in almost all services sectors, ranging from pure academic
exercises to practical fields of social services. As long as human deviant behaviours
persist, the need of studying criminology and the search for tools and skills to correct
such behaviours will always be on the top of human learning and social experimentation.
Criminology will keep its advancement into all fields of life, wherever human errors
and mistakes need attention and intervention.
We close this article by again sharing our dream of seeing academic correctional
studies, criminology accepted and criminal justice education flourish in India.

REFERENCES
1. Maguire Mike, Morgan Rod and Reiner Robert, 2007. The Oxford Handbook of
Criminology, Oxford University Press.
2. E.H.Sutherland, 1968, Principles of Criminology (6th Edition), Times of India Press,
Bombay.
3. Siegal Larry J, 2007, Criminology, Wordsworth Thomson Learning, New Delhi.
4. Ahuja Ram, 2000, Criminology, Rawat Publication, New Delhi.
5. Paranjape NV, 2001, Criminology and Penology, 2nd edition, Central Law
Publication, Allahabad, U.P.
6. Williams Katherine S, 2004, Criminology, Oxford University Press
7. Reid Sue Titus, 2006, Crime and Criminology, Mc Graw Hill Publishers.
8. Brien, Martin O, 2008, Criminology, Routledge Publishers.
9. Hagan Frank E, 2008, Introduction to Criminology, Sage Publications lnc
10. Livingston J, 1996, Crime and Criminology, Prentice Hall, New Jersey.
11. Schrnalleger J Frank, 1999, Criminology Today: An Integrative Introduction, 2nd
edition, Prentice Hall, New Delhi.
12. Mc Laughlin Eugene and Muncil John, 2001,The Sage Dictionary of Criminology,
Sage Publication – London, Thousand Oaks, New Delhi.
13. Quinney R. Richard, 1970, Problem of Crime, Dodd, Mead and Company Inc.
USA.

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14. Crime in India published by National Crime Record Bureau, Ministry of Home
Affairs, Delhi.
15. Bawa, P.S., 1989, Policing for people, Rupa and co.
16. Ramanujam T, 1942, Prevention and Detection of Crime, Madras Book Agency.
17. Jeffery C Ray, 1971, Crime Prevention through Environmental design, Sage
Publication. Inc.
18. Gilling Daniel, 1997, Crime Prevention: Theory, Policy and Politics. UCL. Press
Ltd. U.K.

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Criminal Psychology
What does evil look like? Could you spot it if it walked into the room?
Serial killers look just like you and me. The darkness they share
Isn’t written all over their faces it’s in their minds.
Zoya Khan & Akshat Shukla1

Crime, the intentional commission of an act usually deemed socially harmfully of


dangerous and specifically defined, prohibited, and punishable under the criminal law.
Criminology basically studies crime, society’s response to it, causes and its prevention.
Many criminologists refer crime as one of the forms of deviance, about which there are
conflicting theories. Some consider crime as a type of anomic behavior; others
characterize it as a more conscious response to social conditions, to stress, to the
breakdown in law enforcement or social order, and to the naming of certain behavior as
abnormal.
Many people have a dark and morbid fascination with true crime and the people
behind these horrible acts. This curiosity often arise from questions that are difficult to
answer: How does a person become a criminal? Are criminals born or made? Can
anyone become a criminal? Criminal psychologists hope that with understanding,
they can prevent crimes and deliver criminal justice more effectively. Criminal
psychology is the study behind intentions and emotions of people who commit crime.
The least we owe the criminal is to make an attempt to understand him.
We may divide them into three categories:
1) The ordinary man who is driven to crime due to adverse conditions.
A man who is compelled to steal food because of starvation is a criminal. There is
a doubt if a decent person would regard him so. Such cases present a psychological
as well as social factor.
2) A normal person who is carried away by a forceful impulse.
Crimes of passion or emotion appear clear enough. They might had an emotional
breakdown which led them to be insensitive and looking for cure in others pain.
3) The neurotic criminal who is driven by unconscious forces.
Delinquency is a behavior which is anti-social in nature. It is caused due to neurotic
complexes. The most common examples include age-related crimes such as staying out
past curfew, truancy (continued failure to attend school), status offenses (such as

1
Students, The Millennium School, South City, Lucknow.

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underage smoking), property and violent crimes. Many cases arise as a reaction to
sudden mental stress. The psychological and practical consequences of the offense
then combine to drive the person deeper still into crime.
4) A group of criminals whose behavior is a result of some mental problems.
Serial murder seems to have occupied an interestingly privileged place in the
modern psychology. Criminal behavior defines serial murder as a minimum of three to
four victims with an emotionally ‘‘cooling off’’ period in between homicides (Burgess,
Douglas & Ressler, 1988; Ressler, Burgess, & Douglas, 1983). The killer is usually a
stranger to the victim. The murder is rarely ‘‘for profit’’ and the motive is psychological,
not material. The killer often chooses victims who are vulnerable (children, adolescents,
women, prostitutes). The average serial killer profile is as follows; white, male, of low-
to-middle socioeconomic status, in his 20s or 30s, possessing a history of childhood
abuse, a chameleon to his environment, and appears normal to others (Egger, 1990).
Many serial killers are also sexual sadists motivated primarily by sexual satisfaction
obtained through victim suffering (Groth & Burgess, 1977; Hazelwood & Burgess, 1987)
and incorporate their deviant sexual fantasies into their killings (Egger, 1990; Holmes
& DeBurger, 1988; Pistorius, 1990). One such example of the sexual-sadist serial-killer
is Fred West who, between 1967 and 1987, together with wife Rosemary, tortured,
raped, and murdered at least twelve young women and girls.
Frederick Walter Stephen West (29 September 1941 – 1 January 1995), was born
into a poor family of farm workers in Bickerton Cottage. He was the second of their
eight children. West would later claim that his father had incestuous relationships
with his daughters. It has also been suggested that incest was an accepted part of the
household, and that his father taught him bestiality from an early age. West recounted
during police interviewing’s that his father had said on many occasions “Do what you
want, just don’t get caught doing it”. It is also alleged that his mother Daisy began
sexually abusing Fred from the age of 12.
At school, West showed an aptitude for woodwork and artwork, but did not excel
academically. He left school at the age of 15 and began work as a farm laborer. Two
years later, in November 1958, he suffered a fractured skull and a broken arm and leg in
a motorcycle accident. The accident put him into an eight-day coma. His family reported
that after the accident he became prone to sudden fits of rage. Two years later, he was
unconscious for 24 hours after hitting his head in a fall from a fire escape. At age 20, he
was arrested for molesting a 13-year-old girl. He was convicted, but escaped a sentence
of imprisonment. His family effectively disowned him thereafter.
In September 1962, the 21-year-old West became re-acquainted with a former
girlfriend, Catherine Costello, who was now better known as Rena from her time working
as a prostitute. Costello was already pregnant by another man, and she and West
married on 17 November before moving to Glasgow. Her daughter, Charmaine Carol,
was born on 22 February 1963. Costello and West claim they had adopted Charmaine,
whose father was a Pakistani man. In July 1964 Costello bore West a daughter named

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Anne Marie. During this period in Glasgow, West worked as an ice cream van driver.
On 4 November 1965, he accidentally ran over and killed a four-year-old boy with his
van.
The family, along with Isa McNeill who looked after the couple’s children and
Costello’s friend Anne McFall, moved into the Lakeside caravan park in Bishop’s Cleeve,
Gloucestershire at the end of 1965, when West feared for his safety following the
vehicular homicide incident. To escape from West’s sadistic sexual demands, Costello
and McNeill moved to Scotland in 1966 while McFall, who had become infatuated
with West, and the two children remained with him. Costello continued to visit the
children every few months. In August 1967 McFall, who was eight months pregnant
with West’s child, vanished. McFall was never reported missing and her remains were
found in June 1994.
In September 1967, Costello returned to live with West, but left again the following
year, putting the children in West’s care. While still married to Costello, 27-year-old
West met his next wife, Rosemary Letts, on 29 November 1968, on her 15th birthday.
On her 16th birthday she moved in with him and a few months later they moved from
the caravan to a two-story house in Midland Road, Gloucester. On 17 October 1970,
Rosemary gave birth to their daughter, Heather Anne. Fred West was imprisoned for
theft on 4 December 1970, and remained so until his release on 24 June 1971.
Fred West grew up in a family where his father was his primary role model, and
this man, according to Fred’s own personal accounts, had frequent sexual relationships
with his daughters motivated by an attitude of extreme self-entitlement, encapsulated
in his belief that, “I made you, so I am entitled to have you”. Families are primary
agents of socialization, and as such, are tempting to consider as direct causal agents of
crime. Pedigree studies have also found significant transmission rates for alcoholism,
drug dependence, mental disorder, and sexual deviance (Waldron, O’Reilly, Randall,
Shevlin, Dooley, Cotter, Murphy & Carr, 2006).
Fred West can be categorized as sadistic rapist and murderer. Sadistic rapists are
very similar to their anger–excitation rapist counterparts in that both are sexually
aroused by the physical and psychological suffering of their victims (Douglas, Burgess,
Burgess & Ressler, 2006). However, whereas anger rapists are viewed as being motivated
primarily out of anger, sadistic assailants are motivated primarily by sexual satisfaction
obtained through victim suffering (Groth & Burgess, 1977; Hazelwood & Burgess, 1987).
These offenders use excessive force, such as bondage, torture, rape with objects, sexual
mutilation, and, in extreme cases, murder. In addition, they may perform other acts of
degradation, such as cutting hair, burning with cigarettes, and sexual intercourse with
a corpse following murder. Research suggests that the attacks of sadistic rapists are
carefully planned and preventive against discovery (Groth & Birnbaum, 1979) which
was particularly evident in Fred’s criminal behavior because some of the victims have
never been found (Sounes, 1995). Sadistic offenders are likely to engage in multiple
paraphilias (Arrigo & Purcell, 2001; Dietz, Hazelwood, & Warren, 1990; Gratzer &

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Bradford, 1995), with onset typically occurring during adolescence (Bradford, 1999).
In addition, these types of rapists engage in elaborate violent fantasies. This imagery
plays a significant role in their offenses. According to Deitz et al. (1990), sadistic
rapists recognize social constraints and are functional in society, but social norms and
morals are overridden by narcissism and egocentric self-interest.
“Don’t judge a book by its cover”, so we cannot answer to the question why a person
killed someone? It will take a long time to develop a more rational approach towards
this. Social factors cannot be separated from psychological factors. Our approach should
be influenced both by scientific knowledge as well as by human sympathy.

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Style for Reference


REFERENCES: These should be listed at the end of article, arranged alphabetically
according to the surnames of the authors and then chronologically. Following are
examples of the proper reference style of various sources but while listing there should
not be any separate subheading/s for Journals/Books/Newspapers/Magazines etc.
Avoid using IBID and OP. CIT. in the text.

Journals:
Chopra VP 1983. Population structure of the Indian people. Some microevoluntary
aspects. Anthrop Anz, 41: 111-117.

Books:
Bhasin MK 1988. Biology of the People of Indian Region. A Classified and Comprehensive
Bibliography (Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka). Delhi: Kamla-
Raj Enterprises.

Sections of Books:
Bhasin MK, Bhasin V 2001. Ecology and health: The Indian scenario. In: Veena Bhasin
Vinay K Srivastava and MK Bhasin (Eds.). Human Ecology in the New Millennium. Delhi:
Kamla-Raj Enterprises, pp. 43-82.

Newspaper / Magazine:
Bhasin Veena 1982. Ecology and Gaddi Culture. Hindustan Times, Weekly, August 29,
1982, P. 9.

Radio/Television Talk:
Bhasin Veena 1986. Radio Talk - Gaddis of Himachal Pradesh. All India Radio ‘Yuv
Vani’ - 1st July, 1986.

Meeting Paper:
Bhasin V, Bhasin MK, Singh IP 1978. Some problems in the education of Gaddis of
Bharmour, Chamba District, Himachal Pradesh. Paper presented in Seminar on Education
and Social Change in Himachal Pradesh (H.P.) in H.P. University, Shimla, November 13 to
16, 1978.

Report:
UNESCO 1974. Report of an Expert Panel on MAB Project 6: Impact of Human Activities
on Mountain and Tundra Ecosystems. MAB Report Series No. 14, Paris: Unesco.

102
Style for Reference

Thesis / Dissertation:
Bhasin Veena 1981. Ecological Influence on the Socio cultural System of the Gaddis of
Bharmour Sub-Tehsil, Chamba District, Himachal Pradesh. Ph. D. Thesis, Unpublished.
Delhi: University of Delhi.

Work “in press”:


Bhasin Veena 2004. Economic pursuits and strategies of survival among Damor of
Rajasthan. J Hum Ecol, (in press).

Website:
Official Home Page of Work and Income New Zealand 2004. From <http://
www.workandincome.govt.nz> (Retrieved March 18, 2004)
When there are more than five authors use et al. in place of rest of the authors.
REFERENCES IN THE TEXT: References citations in the text should be in parentheses
and include author name(s) and year of publication. Text citations of two or more
works at the time should be given in chronological order. When citing a paper written
by three or more authors, write the name of the first author plus “et al.” (However, all
authors must be given in the Reference section). Where there are two or more papers by
the same author in one year, distinguishing letter (a, b, c....) should be added to year. All
references should be carefully cross-checked; it is the author’s responsibility to ensure
that references are correct.

CHECK THE FOLLOWING POINTS WHILE CITING THE


REFERENCES IN THE

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Check do not give number either in the text or in the list of References in the end List
only those REFERENCES in the end which are cited in the text

REFERENCES CITED IN THE TEXT FOR TEXT


1. Write only Family Name/Caste and not first or middle name except when there is
more than one author with the same Family Name/Caste than to differentiate
among them use first and/or middle name.
2. Do not use IBID and OP. CIT. in the text.
3. When there is one authors’ cited for an observation/evaluation than arrange it as
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For example: Coale (1965) or Khakhar and Gulati (2000) or Dey et al. (2008)

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4. When there are more than one authors cited for an observation/evaluation than
arrange them according to the year of publication and do not put comma before
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1974; Gulati 1996; Khakhar and Gulati 2000;
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5. When there are more than one cited references in an observation/evaluation which
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FOR LIST OF REFERENCES


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i. e., Give names of all the Authors, however you may use et al. after listing at least
first five authors,
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using abbreviations for the title of the journal than do not use FULL STOP,
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and PAGE NUMBERS.
7. do not give any separate subheading/s for Journals/Books/Newspapers,
Magazines etc.
8. Internet references should be mentioned when retrieved;
9. do not use OP. CIT.

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