International Journal of Social Studies

Vol. I.
No 1 January-June, 2014 ISSN: 2349-1086
Inaugural Issue
International Journal
of Social Studies
A Biannual Referred Journal

Vol. I. No 1 January-June, 2014 ISSN: 2349-1086
Inaugural Issue
International Journal
of Social Studies
A Biannual Referred Journal

Cite this Volume as 1 Vol. 1 International Journal of Social Studies (January- June,
2014)
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International Journal of Social Studies
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ii
Editorial Board
Patron
Prof. Shanta B. Singh
Department of Criminology and Applied Human Sciences,
University of Kwazulu Natali, Howard College Campus,
Durban, South Africa
Editor-in-Chief
Dr. Mridul Srivastava
Executive Editors
Dr. J.P. Srivastava
Dr. Anup Yadava
Executive Assistant Editors

Dr. Akankshha Nigam
Mr. Avinash Chandra
Dr. Nirpat Patel
Mr. Nitish Kumar Soni
Ms Jyoti Yadav
iii
Article Review Board
Prof. A.K. Singh

Vice-Chancellor,
Shri Ram Swaroop Memorial University, Lucknow
Prof. A.N. Singh
Department of Social Work, University of Lucknow, Lucknow
Ms Rashmi Yadava
Research Scholar, JJT University, Rajasthan
Ms Namita Saxena
Head of the Department, Indian School, Dubai, UAE
iv
Advisory Board
Prof. Balraj Chauhan

Former Vice Chancellor, RMLNLU & Professor of Law,
Lucknow University, Lucknow
Prof. K. Kishore
Head, Department of Public Administration,
Lucknow University, Lucknow
Prof. Sultan Khan

Associate Professor, Sociology Programme, School of Social Sciences,
University of Kwazulu Natali, Howard College Campus,
Durban, South Africa
Ms Ana Rita Fnery

State Judge in Sao Paulo
Tribunal de Justica Do Estado De Sao Paulo,
Comarca De Guarulhos, Brazil
Mr. Ashish Kumar, IES

Advisor, Department of Social Welfare,
Government of Uttar Pradesh
Mr. Jawahar Lal

Deputy Secretary to Chief Minister,
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. Sharad
Deputy Inspector General (Prisons)
v
Contributors

Department of Criminology and Applied Human Sciences,
University of Kwazulu Natali, Howard College Campus, Durban, South Africa
Prof. Sultan Khan
Associate Professor, Sociology Programme, School of Social Sciences,
University of Kwazulu Natali, Howard College Campus, Durban, South Africa
Ashish Kumar, IES
Advisor, Department of Social Welfare,
Dr. Anup Yadava, IAS
Director, Rajya Krishi Utpadan Mandi Parishad, U.P.
Research Scholar, JJT University, Rajasthan
Assistant Registrar & Faculty of Criminology
Dr. Ram Manohar Lohiya National Law University, Lucknow
Dr. Pragyan Dangwal
Associate Professor in Psychology, Amity Institute of Behavioural and Allied
Sciences, Amity University Uttar Pradesh, Lucknow Campus
Shikha Madheshiya
M.Phil. Scholar, Amity Institute of Behavioural and Allied Sciences,
Amity University Uttar Pradesh, Lucknow Campus
Nitish Kumar Soni
Research Scholar, Department of Sociology, Lucknow University
Rashmi Yadava
Research Scholar, JJT University, Jhunjhunu, Rajasthan
Avinash Chandra
Research Scholar, Faculty of Law, Lucknow University
Vijeta Dua Tandon
Assistant Professor in Law, Amity Institute of Law,
Amity University Uttar Pradesh, Lucknow Campus
vi
Vol. 1. No.1, January - June, 2014
Contents
S.No Title Page No.
1. Victimization and Victim Impact Statements: 01

An Analysis of the Consequences on Victims of Crime
and the Aims of the South African Victim Charter
2. The Theory and Praxis of Local Government – Finding 22

an Ideal Model during the Transitional Period of Democracy
in South Africa
Prof. Sultan Khan
3. The Changing Nature of Crime after Second World War 47

Ashish Kumar & Dr. Anup Yadava
4. Expected Research Contribution in Internal Security in India 67

5. Effects of Locus of Control and Gender on Risk Taking 72

Shikha Madheshiya & Dr. Pragyan Dangwal
6. The Need and Importance of Electoral Reform: 84

A Strengthening Approach to Indian Democracy
Nitish Kumar Soni & Rashmi Yadava
7. Dowry: Legislative Impact on the Esteemed Social 89

Evil and Expectations
Avinash Chandra
8. Independent Media: A Key Institute to Promote Human Rights 109

Vijeta Dua Tandon
vii
Victimization and Victim Impact Statements:

An Analysis of the Consequences on Victims of
Crime and the Aims of the South African
Victim Charter
Prof. Shanta Balgobind Singh1
INTRODUCTION
Victimization is a complex process and encompasses a number of possible
elements. The first element (often referred to as ‘primary victimization’)
comprises whatever interaction may have taken place between offender and
‘victim’ during the commission of the offence, plus any after effects arising from
this interaction or from the offence itself. The second element encompasses ‘the
victim’s’ reaction to the offence, including any change in self-perception that may
result from it, plus any formal response that s/he may choose to make to it. The
third element consists of any further interactions that may take place between ‘the
victim’ and others, including the various criminal justice agencies with whom
s/he may come into contact as a result of this response. Where this interaction
has a further negative impact on the victim, it is often referred to as ‘secondary
victimization’ www.mcgrawhill.co.uk . The consequences of criminal victimization
vary in their nature and affect different people in different ways. The impact and
consequences can involve physical injury, emotional and psychological after-
effects as well as economic losses. The way in which a person feels can vary
daily. In terms of relatively immediate ‘needs’, the most pressing are likely to
include needing to have property repaired or made secure, attention to physical
injuries that require some form of attention, and emotional reassurance and
comfort. The police and health services will generally deal with the securing of
property and physical injuries. Emotional support in the aftermath of crime may
well be provided by friends and family. In addition formal services are provided
by a voluntary organization called Victim Support which offers help via home
visits and telephone contact and through its Witness Service, Support, before
and during trial proceedings, to victims whose crimes have been reported to the
police (Newburn 2007: 354)
University of KwaZulu-Natal, South Africa

1
1
Consequences and Impact of Victimization

The consequences of victimization will vary depending on the crime and
can have a lasting impact on a person’s life. The results are both short and long-
term and can change a person’s life forever. Victimization often causes trauma
and depending on the level of trauma that a person has already experienced in
their lifetime, crime can be devastating. Criminal victimization may also affect
victim’s families and friends as well as society as a whole. Moreover, research
has found that crime witnesses, who may not suffer immediate physical and/
or economic consequences as a direct result of the crime incident, may suffer
from trauma, anxiety and heightened levels of stress of their experience (Aucoin
and Beauchamp 2004:1). Understanding victimization as a process in which
individuals express different feelings at different points and make choices about
what to do or not to do as a consequence, is as important as understanding
victimization as a structural location. Both differently inform policy responses
and the appropriateness of support services (McLaughlin and Muncie 2005:315).
Certain crimes entail physical effects, which are likely to involve some
degree of pain and suffering, and may also entail loss of dexterity, some degree
of incapacity and/or possible temporary or permanent disfigurement. Many
crimes also have financial effects, which may be either direct – where they are
attributable to the theft of or damage to property – or indirect. Very often crime
can result in additional costs that might be incurred, for example, in seeking
medical treatment or legal advice, or loss of income as a result of attending to
the crime and its aftermath, or possible loss of future earning potential. Certain
crimes can also have psychological and emotional effects upon victims including
depression, anxiety and fear, all of which can adversely affect their quality of
life. Though it is often overlooked, crime can also adversely affect victims’ social
relationships with family, work colleagues and friends.
A violent criminal victimization is a real life classical conditioning experience
in which being attacked is an unconditioned stimulus that produces unconditioned
responses of fear, anxiety, terror, helplessness, pain, and other negative emotions.
Any stimuli that are present during the attack are paired with the attack and
become conditioned stimuli capable of producing conditioned responses of fear,
anxiety, terror, helplessness, and other negative emotions. Classical conditioning
theory predicts that any stimuli present at the time of a violent crime are potential
conditioned stimuli that will produce conditioned fear, anxiety and other negative
emotions when the victim encounters them. Thus, characteristics of the assailant
(e.g., age, race, attire, distinctive features), or characteristics of the setting (e.g.,
time of day, where the attack occurred, features of the setting) might become
conditioned stimuli. Thus, a woman who exhibits a conditioned fear response
to the sight of her rapist might also experience fear to the stimulus of men who
2
resemble the rapist through the process of stimulus generalization. Eventually,

this stimulus generalization process may result in the rape victim showing
conditioned fear to all men.
The impact of crime is perhaps best thought of as a product of the perceived
seriousness or intensity of these effects plus their duration from the victim’s own
standpoint. Defined in this way, the term refers to an inescapably subjective
assessment and evaluation by the victim of the overall consequences of the
offence. This includes its meaning and significance for the victim, and whether
or not it has resulted in a change of self-perception by which the victim comes
to perceive himself or herself as a victim. Thus, the ‘impact’ of a crime has a
crucial bearing on the way the victim interprets and responds to it during the
victimization process. (Victims,VictimizationandVictimologyp24).www.ncgraw.
hill.uk/openup/chapters/0335209807.pdf
Physical Consequences of Victimization

The physical consequences of victimization are often visible and range in
seriousness from minor (bumps, scratches), moderate (bruises, scrapes and
broken bones), and severe (stabbing, gunshot wounds and fatal injuries). It may
not be possible to see all physical injuries such as internal injuries (internal organ
injuries or a brain injury). Other, less foreseeable injuries, such as the threat of
sexually transmitted diseases, can also be the result of a victimization incident.
Forensic evidence collection can detect physical injury and other useful evidence
to support the claim of a crime e.g. a specially trained medical nurse can perform
sexual assault forensic examination and document vaginal-anal and oral injury
from an alleged rape victim (Miller J.M, 2009: 168).
At the time of the crime, or upon discovering that a crime has occurred,
victims are likely to experience a number of physical reactions. These may include
an increase in the adrenalin in the body, increased heart rate, hyperventilation,
shaking, tears, numbness, a feeling of being frozen or experiencing events in
slow motion, dryness of the mouth, enhancement of particular senses such as
smell, and a ``fight or flight'' response. It is also common for people to lose control
over their bowel movements. Physical injuries arising from victimization may
not always be immediately apparent. This may be particularly true in cases of
domestic violence where the injuries occur on parts of the body that are normally
clothed. It is important not to assume that a victim is uninjured simply because
there are no visible signs. After the crime, victims may suffer a range of physical
effects including insomnia, appetite disturbance, lethargy, headaches, muscle
tension, nausea, and decreased libido. It is common for these reactions to persist
for some time after the crime has occurred. Some victims may experience long-
term side effects as a result of the crime committed against them. Some of these
3
physical reactions may occur immediately and others may occur after the danger
has passed. Physical reactions to crime can be so powerful that they reoccur quite
some time after the crime, for example with the victim’s memory of the events.
Other victims may experience ongoing health-related problems such as headaches,
stomachaches, and emotional outbursts. Even after the physical wounds have
healed, some victims may experience pain or discomfort for a period of time or
even for the rest of their lives (Canadian Resource Centre 2005:3).
In extreme cases, victims may suffer disfigurement or permanent disability
as a result of the crime. Research evidence exists to prove that such an outcome
has a negative effect on long-term psychological recovery of the victim since the
physical scars or disability serve as a constant reminder of the crime. A victim’s
culture, gender, and occupation may also influence their reaction to permanent
scarring or disability. The reaction of others to the victim’s physical injuries may
also be difficult to accept or become accustomed to. Some victims may never be
able to return to work as a result of the crime. Victims who are unable to return to
work or lead a “normal” lifestyle following victimization are constantly reminded
of the pain and suffering they have endured at the hands of another person. This
can cause a great deal of mental anguish, not to mention social isolation and
dependency upon social assistance. This sort of victimization is a life altering
experience that may leave victims questioning their personal safety for many
years. (Canadian Resource Centre 2005:4). An example of this is that in the United
States research shows that intimate partner violence is a pervasive and serious
social problem. Given the pervasiveness of intimate partner rapes and physical
assaults committed against women and men annually, it is imperative that intimate
partner violence be treated as a major criminal justice and public health concern.
Given the large number of injury victimizations committed against women and
men by intimate partners annually and the extensive nature of medical treatment
to victims of intimate partner rape and physical assault, medical professionals
should receive information about the prevalence and physical consequences of
intimate partner violence and the medical needs of these victims (Tjaden, and
Thoennes, 2000: 60).
Emotional and Psychological Consequences of Victimization

Emotional and psychological consequences of victimization may be less
externally obvious but are just as serious as physical injury. Stress, depression,
anxiety and other mental disorders are but a few that crime victims’ experience.
There are distinct mental stages that follow a victimization incident. At first,
victims feel shock and fear and perhaps retreat from society. Initially, victims
may find it difficult to believe they have become a victim of crime. They may even
pretend that it did not happen at all. These reactions can last for a few moments or
they may be present for months and even years. Victims may assume a ‘childlike’
4
state and may even need to be cared for by others for some time. It is also common
for victims to feel as though the crime occurred when they were in a dreamlike
state.
After the initial feeling of shock begins to subside, victims experience a
range of emotions as they begin to readapt their lives. Victims may be angry
with God, the offender, service providers, family members, friends, the criminal
justice system, or even themselves. It is common for victims to feel terror or fear
following a crime that involved a threat to one’s safety or life, or to someone else
a victim cares about. Fear can cause a person to have panic attacks if they are ever
reminded of the crime. Fear can last for quite some time following the commission
of a crime and under certain circumstances, it can become debilitating. Victims
may feel frustrated by the feelings of helplessness or powerlessness that surface
when the crime takes place. This can be especially true if victims were unable to
fend off an offender, call for help or run away. Guilt or self-blame is also common.
Many victims believe they were “in the wrong place at the wrong time.” If the
victim does not have someone to blame, they will often blame themselves. Guilt
is also common when no offender is found. Later on, when reflecting upon the
crime, victims might feel guilty for not doing more to prevent what happened.
Lastly, some victims will experience ‘survivor guilt’ – they feel guilty that they
survived while someone else was injured or even killed. If a loved one is murdered,
surviving family and friends may even blame the victim (Canadian Resource
Centre 2005:2). Some victims blame themselves, particularly victims of sexual
abuse/assault or domestic violence. In crimes involving sexual acts, offenders
often degrade the victim by making them do humiliating things. Serious criminal
victimization such as rape has long-lasting feelings of “being dirty” and those
feelings cannot be “washed away.” The psychological effects on the rape victim,
both during and after the assault are often severe and incalculable (Bartol and
Bartol 2008:397). Finally, but with the consequences that victimization carries,
victims attempt to reconcile and find a balance to allow them to pick up with their
lives and routines where they left off. Persistent mental consequences such as
acute stress disorder (ASD), posttraumatic stress disorder (PTSD) and substance
dependency, can occur (Miller J.M, 2009: 168).
People mobilize a range of conscious and unconscious defenses to avoid or
reduce the emotional suffering associated with the trauma. If it is not unduly
prolonged this phase of denial is adaptive and functional, in that it allows time to
restore a rudimentary sense of safety. However there is an in-built psychological
need to process and accommodate the trauma. Eventually, traumatic memories
actively break into consciousness in the form of flashbacks, intrusive thoughts
or nightmares. There is often a conflict between the impulse to suppress the
traumatic memory and the need to complete the processing of the trauma. Thus
5
the individual oscillates between avoidance and intrusion. If all goes well, the
individual relies less on repression as an unconscious defence against pain. The
intrusive memories can be worked through and accommodated. However, failure
to process trauma leads to persistent post-traumatic disorder ( Labe 2005:2)
The potential adverse impact of working directly with clients who have
histories of trauma (including sexual and physical abuse, experiences of military
combat, and single traumatic incidents) has been discussed within the psychological
literature for at least two decades, using a wide number of definitions and concepts.
These terms include “burnout,” “compassion fatigue,” “secondary traumatic
stress” (STS), and, more recently, “vicarious traumatization” (VT). Many of these
terms have also been used interchangeably. In this review, VT has been broadly
defined and encompasses the concept of “secondary traumatization/traumatic
stress.” The term “trauma work” is used to describe working with clients who
have experienced traumatic events (both physical and psychological) and have
subsequent psychological difficulties (Sabin-Farrell and Turpinb 2003:453). It is
likely that many health service staff may become involved with trauma survivors
as part of their work. Research in the United Kingdom has shown that over 95% of
psychiatric outpatients are said to have experienced traumatic events and around
43% had recent PTSD [Mueser et al., 1998] and [Switzer et al., 1999]. Macpherson
and Babiker (1994) found that 47% of mental health workers (clinical assistants,
psychologists, community psychiatric nurses, senior house officers, registrars,
and art therapists) were currently working with adult survivors of childhood
sexual abuse. Given that these figures relate to only one type of trauma (i.e.,
sexual abuse) and clients who have experienced other traumas are also likely to
seek treatment, mental health workers appear to have a high chance of engaging
empathically with trauma survivors during their work. The intense distress
and disorientation often experienced by individuals exposed to trauma such as
rape, or occasioned by disasters, violent criminal activity and accidents, pose a
challenge to emergency services workers, trauma consultants, and counsellors,
as well as to the families and friends of victims involved in offering support in
the aftermath (Edwards, D et al, 2005: 3). Furthermore in South Africa due to the
high incidence of violence, health workers will be exposed daily to the victims of
trauma.
POST TRAUMATIC STRESS DISORDER (PTSD) AS A

CONSEQUENCE OF VICTIMIZATION
PTSD is defined in the Diagnostic and Statistical Manual of Mental Disorders, (DSM-
IV-TR) (2000) at Section 309.81. This disorder is described as occurring when a person has
been exposed to an extreme traumatic stressor in which both of the following were present
(National Center for PTSD: 2002).
6
l The person directly experienced an event or events that involved actual

or threatened death or serious injury, or other threat to one's physical
integrity; or the person witnessed an event or events that involved
death, injury, or a threat to the physical integrity of another person; or
the person learned about unexpected or violent death, serious harm, or
threat of death or injury experienced by a family member or other close
associate; and
l The person's response to the event or events must involve intense fear,
helplessness or horror (note: in children, the response must involve disorganized
or agitated behavior).
PTSD is initiated by an intense fear reaction in response to a threat to one’s
life or safety or physical integrity. Memories of the event are typically associated
with intense fear, which may become generalised and distort the individual’s
experience so that nowhere feels safe and more threatening events are anticipated.
Thus staff at a South African organisation where there had been an armed robbery
feared they would meet the robbers again when they returned to work after the
weekend. Those with PTSD markedly overestimate the probability of negative
events happening to them as well as the adverse consequences to them, should
negative events occur (Edwards 2006:3).
According to Edwards (2005:126), the most systematic research on the
psychological consequences of trauma in Africa has been conducted in South
Africa, where the effect of political and criminal violence has been extensively
documented. Historically, thousands were exposed to traumatising events as a
consequence of the political violence under the apartheid regime, either as a direct
result of the actions of the military or the police, or through being caught up in
violence and conflict occasioned by politically motivated violent activity (Silove
and Schweitzer 1993; Straker 1994). The impact of specific traumatizing events
and the specific symptoms of PTSD are only part of a broader picture of shattered
communities. Thousands are struggling with the impact of human rights abuses
and economic and social hardship in which not only adults, but also children
were widely affected (Simpson 1993a). Nevertheless, PTSD was, and continues to
be a significant problem in the domain of public mental health and it is the aim
of this section of the paper to summarise studies that provide the evidence for
this. A few studies examined the effects of violence during the last years of the
apartheid regime. Many psychologists worked with political detainees after their
release and documented the abuses to which they were subjected.
Research cited in Edwards (2005) indicates that anyone would develop
in the face of overwhelmingly horrific events and it should not be interpreted
as a sign of unusual psychological vulnerability. This is at least partly true.
7
South African survey studies reviewed by Edwards provided evidence for the
relationship between PTSD symptoms and exposure to traumatic events. There
is evidence from studies of American soldiers that prolonged emotional distress,
and therefore risk of development of PTSD is associated with more severely
traumatizing events (Friedman and Marsella 1996). In a study of victims of
criminal acts in an American city, Wirtz and Harrell (1987) found that those who
had not been assaulted showed the same kinds of patterns of emotional distress
as those who had, but the degree of distress was lower. On the basis of a review
of studies in several countries, Staab, Fullerton and Ursano (1999) conclude that
the most traumatising events are genocide and warfare, followed, in order, by
sexual assault, physical assault, terror directed at one or a small group of people,
accidents, technological disasters and natural disasters. Within these categories,
the occurrence of significant injury or financial loss is associated with greater
PTSD symptomatology. Those threatened with deadly weapons or with death
are more symptomatic than other assault victims. Greater frequency of exposure
to traumatising events increases risk of PTSD.
The World Health Organisation (WHO, 2002) report on violence and health
globally indicates that sexual violence is one of the most widespread crimes across
many nations, and South Africa is described as having the highest rates of sexual
violence in a country that is not at war (Moffet, 2006). In 1999, the Department of
Health in South Africa reported that the national prevalence of rape of women
was 7%. In their research on multiple trauma and psychological distress based
on the South African Stress and Health (SASH) study, Williams et al. (2007)
found that 3.5% of the sample reported rape, with rates being higher in women.
Research shows that sexual abuse, particularly rape has negative consequences
for the survivors. International and local research indicates that, compared to
victims of other crimes, rape survivors will experience higher levels of distress
immediately after the event and for an extended period thereafter. While there
are ongoing debates about its suitability and adequacy for describing responses
to trauma in different contexts Post Traumatic Stress Disorder (PTSD) remains
the most commonly used way of describing the psychological impact of trauma
(Shabalala and Jasson, 2011:424)
PTSD is a common problem in occupations which routinely deal with
emergencies or violent situations. This includes journalists who frequently attend
crime and accident scenes. In a series of studies, Peltzer has documented exposure
to traumatizing events and the degree of PTSD symptomatology in a broad range
of samples, mostly in Limpopo Province. In a random sample of Northern Sotho
children (aged six to 16) from a rural area northeast of Pietersburg, 67% had been
exposed either directly or vicariously to potentially traumatizing events (Peltzer
1999). Direct victimization included sexual assault, being in serious motor vehicle
8
accidents, and being abducted and threatened with death in a ritual. Vicarious
victimization included such events as seeing a shop owner shoot an alleged thief,
and death of a relative or close friend by suicide or criminal assault. 8.3% met
the criteria for PTSD based on a clinical interview and 53% reported more than
four PTSD symptoms on the Reporting Questionnaire for Children. Peltzer (2000)
studied 36 male and 92 female adult black victims of violent crime obtained by
snowball sampling in Pietersburg. One third were female rape victims, a quarter,
mostly female, had been physically assaulted and others had been victims of
attempted murder, armed robbery or threatened with a weapon. The crime had
taken place within the last year in 30% of cases, and up to eight years ago in the
remainder (mean = 34 months). Prevalence of PTSD was estimated as 42% on the
basis of the Impact of Events Scale (IES) - when estimates were based on the Post-
Traumatic Symptom Scale, 25% met the criteria. The exact figure is not important,
but scores on these scales clearly show that a large number of interviewees
were experiencing significant PTSD symptoms. In a later study, Peltzer (2003)
interviewed 128 male taxi drivers and 127 taxi passengers (58 male and 69 female)
in Pietersburg. Exposure to traumatizing events was considerably higher than
in similar studies overseas: 95% had been exposed to at least one with a mean
exposure of 3.2 events that included witnessing serious injury or death, having
a close family member murdered, being physically or sexually assaulted. Thirty
per cent of the drivers and 15% of passengers had been involved in serious road
accidents. PTSD symptoms were higher in women than in men and were associated
with number of traumatic events, being seriously injured and perceived threat to
life. The rate of PTSD, as estimated from responses to the PTSD Symptom Scale
was 8.2%, relatively low considering the degree of exposure in this sample. Two
other qualitative studies document some of the effects of criminal violence. In a
review of the work of the Trauma Clinic in Cape Town, Van Wyk and Edwards
(2005) describe several case examples of the impact of criminal violence in a wide
range of contexts. In a phenomenological study of four white victims of hijacking,
McGregor, Schoeman and Stuart (2002) classic PTSD symptoms are described,
including increased vigilance, flashbacks and avoidance (Edwards,D. 2005:6).
Characteristic symptoms of Post-Traumatic Stress Disorder include:
1. Persistent re-experiencing of the event (i.e., distressing dreams,
distressing recollections, flashbacks, or emotional and/or physiological
reactions when exposed to something that resembles the traumatic
event.)
2. Persistent avoidance of things associated with the traumatic event or
reduced ability to be close to other people and have loving feelings
3. Persistent symptoms of increased arousal (i.e., sleep difficulties,
outbursts of anger, difficulty concentrating, constantly being on guard,
extreme startle response).
9
4. Duration of at least one month of symptoms.

5. Disturbance produces clinically significant distress or impairment in
social, occupational or other important areas of functioning.
According to the DSM-IV-TR, traumatic events that are experienced directly may
include: violent personal assault (such as sexual assault, physical attack, robbery, mugging,
etc.), being kidnaped or taken hostage, terrorist attack, torture, natural or man-made
disasters, or automobile crashes. Sexually traumatic events may include developmentally
inappropriate sexual experiences without threatened or actual violence or injury. Witnessed
events include observing the serious injury or death of another person due to violent
assault, accident, or disaster, or unexpectedly witnessing a dead body or body parts. Events
experienced by others that are learned about include violent personal assault, serious
accident, or serious injury, experienced by a family member or a close friend, learning
about the sudden, unexpected death of a family member or a close friend, or learning that
one's child has been the victim of a violent criminal act. The disorder may be especially
severe or long-lasting when the act is committed by another person. The likelihood of
developing PTSD may increase as the intensity of, and physical proximity to, the stressors
increase. Crime has immediate and long-term psychological impact. Scientific evidence
is emerging that indicates many victims of crime suffer psychological trauma that is long-
term in nature, thus placing them at a relatively high risk of developing PTSD. The sheer
numbers of crime victims with major crime-related mental health problems makes this a
major health issue for communities and the nation (National Center for PTSD: 2002).
In the prison situation recent notions of responses to traumatic events have been
dominated by the categorical construct of PTSD. Trauma is an important construction
within prisons. Prisons detain those with high levels of risk factors associated with poor
traumatic responses from childhood onwards. As a group, prisoners also tend to have
benefited from fewer protective factors that may serve to reduce the impacts of subsequent
traumas. In combination, this suggests greater vulnerability to traumatic reactions. In
addition, prisons by their very nature present a setting where both prisoners and staff are
at increased risk of traumatic experiences (Crighton and Towl 2008:181).
THE FINANCIAL IMPACT OF VICTIMIZATION

The monetary costs of victimization to the direct and indirect victims are
at times easy to calculate and at other times impossible to measure. Medical
expenses, property losses, lost wages and legal costs are financial consequences
that victims and their families must bear. There are also financial consequences
of victimization that society must bear: victim services, witness assistance
programmes, costs to the criminal justice system and negative public opinion
(Miller J.J, 2009: 168).
Victims who may have money stolen, or possessions stolen or damaged have
10
been financially injured. In many cases, stolen money and prized possessions are
never recovered. Understandably, this is very distressing to victims who may
feel guilt, anger, and frustration if they are unable to recover a family heirloom.
Although the financial impact of crime is less documented than the physical,
emotion or social impacts, victims may certainly incur costs in the following ways:
— Repairing property or replacing possessions.
— Higher insurance premiums as a result of victimization.
— Installing security measures.
— Accessing health services.
— Medical expenses.
— Participating in the criminal justice system, for example traveling to
court, child care and attending the trial.
— Obtaining professional counselling to come to terms with the emotional
impact.
— Taking time off work or from other income generating activities.
— Funeral or burial expenses.
In some cases, such as stalking, victims may feel a need to move, a process
likely to incur financial costs. Also property value may diminish as a result of a
violent crime occurring in the house. In the long-term, crime can adversely impact
the victim's employment. The victim may find it impossible to return to work, or
their work performance may be adversely affected, resulting in demotion, loss of
pay, and possibly dismissal. This is particularly likely where the crime occurred
at work, as it may be difficult for the victim to avoid people or situations which
led to the initial victimization. Marital and other relationships are also likely to be
affected by crime and this may have a significant effect on the family's financial
position. Research shows that the shock waves from victimization touch not only
the victim but also the victim's immediate family and next of kin, neighbors, and
acquaintances. This holds true for the emotional and the financial consequences,
and the effects can endure for years or even for a lifetime. In the case of child
abuse, exposure to violence, and abuse of power, the effects can be passed on
from one generation to the next. While this is to be expected in connection with
offences such as murder, torture, and rape, the crimes of assault, robbery, and
burglary can also leave enduring feelings of powerlessness, insecurity, anger, and
fear. The effects of victimization hit particularly hard on the poor, the young,
the powerless, the disabled, and the socially isolated. Research shows that those
already touched by prior victimization are particularly susceptible to subsequent
victimization by the same or other forms of crime. These repeat victims are often
11
found to reside in high-crime communities in many countries (Canadian Resource

Centre 2005:4-5).
Research on victims of violence showed that those victims who went to the
police station to make a statement, ptovide evidence, or went to court, not only
had the cost of transport to cover, but frequently also had to take time off work,
arrange for someone to look after children, etc. Victims of rape and sexual assault
may move house subsequent to victimization, and this and other changes in
lifestyle are usually borne entirely by the victim (Newburn 2007: 355). National
Violence Against Women Survey in the United States strongly confirms the
negative mental health and social costs of rape victimization. The survey found
that 19.4 percent of the female victims and 9.7 percent of the male victims raped as
adults said their victimization caused them to lose time from work (Tjaden, and
Thoennes, 2006: 29).
THE PURPOSE OF VICTIM IMPACT STATEMENTS

A Victim Impact Statement (VIS) is a document that is intended to
provide information to the court about the physical, emotional, financial and
psychological effects suffered by the victim, and where relevant, the family as
a result of the crime. The parties in criminal proceedings are the state and the
defendant. Strictly speaking, the victim is but a witness. Victim impact statements
are typically presented before an offender is sentenced, although they may also
be requested in advance of decisions to release a prisoner. This is to present the
victims perspective to the sentencing authority as part of the sentencing process.
VIS differ from the general testimony in court in the sense that it allows victims to
personalize the crime and to articulate the pain, devastation and anguish that the
pain has caused (Clark et al 2003:43). VIS allows the victim to tell the court exactly
how the crime has affected the life changes that occurred as a result of the crime
being committed against them.
Victim Impact Statements are now a legal requirement in forty nine states of
the United States. It is also used in other countries like Australia and Finland. The
form, content and means of implementation vary according to different countries.
In the United States for example, some jurisdictions require a written Victim
Impact Statement, attached either to the presentence report or as an affidavit which
becomes part of the court file. Responsibility for the preparation of the Victim
Impact Statement can rest with criminal justice personnel, like the prosecutor,
police or probation officer, or with an independent outside organisation like
victim service specialists. Victims may also, or in some cases only, provide oral
information in court prior to sentencing (McLeod 1986).
12
The Legal Framework for Victim Impact Statements

Since the UN adoption of the Declaration of the Basic Principles of Justice
for Victims of Crime and Abuse of Power in 1985vi, countries worldwide have
developed their own victims’ Charter and related victims’ rights legislation
(Webster 2008:9).
In South Africa the National Crime Prevention Strategy (NCPS), which was
released in May 1996, promotes a victim centred approach to crime prevention,
acknowledging that victimisation lies at the heart of much retributive crime and
that the absence of means of victim aid and empowerment plays an important role
in the cyclical nature of violence and crime in South Africa. A national programme
on victim empowerment was included in the activities of the NCPS, which seeks,
amongst other things, to improve the access of disempowered groups (women,
children and victims in general) to the criminal justice system; to redesign the
criminal justice system to empower victims; and to provide a greater and more
meaningful role for victims in the criminal justice system (Department of Justice
and Constitutional Development 2003:5).
During 1991 a project committee was established for the South African
Law Commission’s investigation into sentencing, the purpose of which was to
review all aspects relating to sentencing. One of the aspects identified by the
project committee for investigation was community participation and individual
interests in the sentencing process. To this end, proposals were made to include
the involvement of victims in the sentencing process by introducing victim
impact statements with greater consultation between victims of crime and
public prosecutors (South African Law Commission 1997:3). The South African
Law Commission made the following proposals with regard to victim impact
statements:
l Victim impact statements ought to be generally admissible at the
sentencing phase of procedures.
l The purpose of the statement should be to provide the court with an
understanding of the seriousness of the offence, and this should be
included in legislation.
l Victim impact statements should only be admissible where they provide
information that is not already before the court.
l The term `victim’ should be defined as the person against whom the
offence has been committed or who was a witness to the act and who
suffers injury as a result of the offence.
l Victims should have the option to tender such a statement and also the
13
right to request the prosecutor to present the details of the injury to the
court.
l Victim impact statements should be signed or otherwise acknowledged
as accurate by the victim before they are received by the court.
l Victim impact statements, which are in sworn form, should be tendered
by the prosecution at the sentencing stage.
l The statements should address the physical, psychological, social and
financial consequences of the crime on the victim and not the question of
an appropriate sentence to be imposed.
l The court should have the discretion to disallow a statement.
l The author of the statement should always be subject to cross examination
on the contents of the statement.
The Victim Charter and Victim Impact Statements

In South Africa only a draft statutory platform for victim impact statements
exists in. However, the recent, final Victims’ Charter 2004, which consolidated
the legislative framework with regard to existing victim rights in South Africa,
provides some clarity as to the platform for formal victim impact statements
in South Africa. In line with the victim centered, restorative justice movement
that has led to the paradigm shift, victims are now more formally acknowledged
as unique and have the right, at least in theory, to offer or present information
to professionals involved in the case and to participate in criminal justice
proceedings (Naude et al 2003:34). The Victims’ Charter and the minimum
standards document are important instruments elaborating and consolidating
rights and obligations relating to services applicable to victims and survivors of
crime in South Africa. The Victims’ Charter is consonant with the provisions of
section 234 of the Constitution. For many victims, the devastating impact of crime
is either reinforced through the negative response of the criminal justice system
(secondary victimisation), or it is mitigated through the positive support of the
police, prosecutors or court officials (Webster 2008:9). The Victims’ Charter aims
to provide easy reference to existing rights, so that victims are not revictimised by
the criminal justice system.
THE AIM OF THE SOUTH AFRICAN VICTIM CHARTER

The SA Victims’ Charter sets out the rights of victims of crime. For the
purposes of the Charter, victims are defined as persons that have suffered harm
(physical, mental, emotional or economic) through acts that are a violation of
criminal law. The term `victim’ includes the immediate family or dependents of
14
the victim. The Charter includes seven rights that will be upheld in a victim’s
contact with the criminal justice system, one of which has particular application
to the use of victim impact statements. The Charter provides that a victim has
the right to offer information (Gender Directorate, Department of Justice and
Constitutional Development 2003:5):
“As an important part of the criminal investigation, you need to be heard and
allowed to offer information as a valuable contribution to the investigation and
prosecution of the case. You can participate (where necessary and where possible)
in criminal justice proceedings, through attending the bail hearing, the trial,
sentencing proceedings and/or parole board hearings. You will have the opportunity
to make a statement to the court to bring the impact of the crime to the attention
of the court.”
Edwards (2001: 41-44) distinguishes four different theories regarding the
rationale for such statements. The first three are viewed as instrumentalist in
nature and comprise the following:
l Improving sentencing outcomes – this includes both retributive
proportionate as well as restorative justice (reparation and compensation)
arguments.
l Enhancing system efficiency and service quality – criminal justice may
become more sensitive to the need of victims, and, in turn, victims are
more satisfied with the system because of their participation.
l Benefiting victims – this will be of therapeutic and cathartic value for the
victims themselves.
l The fourth rationale focuses on process values, citizenship and victims’
rights, based on participatory democracy and respect for individual
dignity and humaneness.
International comparisons and Implementation of Victim Impact

Statements
A multipurpose approach appears to be followed in England, where a
slightly different term is used for the document that contains inter alia the
victim’s impact statement, namely ‘victim personal statement’. First, the victim
personal statement affords a victim the opportunity to make known his or her
legitimate interests relating to information on case progress, bail, protection,
support and compensation. Secondly, it gives victims the opportunity to tell
criminal justice agents and the related services about the aftereffects of the crime,
thereby providing such agents and services with a ready source of information.
The overall purpose, then, of the victim personal statement in England is to enable
15
criminal justice agents to take more informed decisions at all levels. In addition,
such statement will also be used by the National Probation Service as a key source
for preparing offence analysis in the presentence report (Department of Justice
and Constitutional Development 2008:12)
In Australia VIS legislation has been in operation since 1994 and it is timely
to consider whether the legislative aims are being realised. The Attorney-General,
the Honourable Rob Hulls MP, directed the Victims Support Agency (VSA),
Department of Justice (DOJ) to undertake research to assess the effectiveness of
VISs. In particular, whether VISs: are the appropriate tool to inform the court
about the impact of the crime; assist the court in determining sentence; increase
victims’ levels of satisfaction and; therefore participation in the criminal justice
system. In order to explore these issues in Victoria, the VSA conducted extensive
consultations with key stakeholders involved in the VIS process including police,
prosecutors, defence counsel, the judiciary and magistracy, victims’ service
agencies, witness assistance services and victims of crime (Restorative Justice
Online 2011).
In Canada the use of victim impact statements at sentencing continues to
generate controversy, where VIS have been in use for many years. While a great
deal of research has addressed the use of these statements at sentencing, very
little is known about the experience and perceptions of the professional for
whom these statements are written: the judge. Some critics of VIS have argued
that these statements add nothing to the sentencing process, and simply raise
false expectations among victims. Many judges reported that the VIS provided
information that was unavailable from any other source. That said, many issues
remain to be addressed with respect to victim impact statements in Canada.
These findings will be of particular interest to jurisdictions contemplating the
introduction of victim impact statements at the sentencing stage of the criminal
process (Restorative Justice Online 2011).
Critique of Victim Impact Statements

Some critics of VIS have argued that these statements add nothing to the
sentencing process, and simply raise false expectations among victims. The
findings from this survey demonstrate that judges find victim impact statements
to be a useful source of information at sentencing. Many judges reported that the
VIS provided information that was unavailable from any other source.
According to Antrobus in Restorative Justice Online (2011 there are four
main justifications for victim impact statements. First, they provide information
to the sentencing judge or jury about the true harm of the crime-information
that the sentence can use to craft an appropriate penalty. Second, they may have
therapeutic aspects, helping crime victims recover from crimes committed against
16
them. Third, they help to educate the defendant about the full consequences of his
crime, perhaps leading to greater acceptance of responsibility and rehabilitation.
And finally, they create a perception of fairness at sentencing, by ensuring that
all relevant parties-the State, the defendant, and the victim-are heard. The claim
that victim impact statements do not relate to the purposes of punishment is
refuted by the fact that they provide information about the severity of crimes,
a salient consideration for judges at sentencing. The claim that the statements
are so emotional that they will overwhelm sentencers is disproven by empirical
evidence showing little effect from victim statements on sentence severity. The
claim that victim impact statements lead to unfair inequality is invalid in view of
the need to create fairness within criminal cases by allowing a victim response to
allocution from criminal defendants and their families. And finally, the claim that
a competition of victimhood arises in mass killing cases, even if true, provides no
basis for abolishing the victim impact statements entirely.
In South Africa the Institute for Child Witness Research and Training
(Department of Justice and Constitutional Development 2008:33-34) conducted
a research project on the use of victim impact statements in the Eastern Cape. In
the course of the project, 104 victim impact statements were taken from victims
and their families or caregivers to determine what the impact of the sexual offence
had been upon their lives with a view to presenting these statements in court. The
following findings were made with regard to the use of victim impact statements:
l There was a great deal of confusion in the courts and among legal personnel
as to what a victim impact statement was. Prosecutors and the courts
confused these statements with psychological assessments. A victim impact
statement is a statement by a victim as to the effect of the crime on his or her
life, whereas an assessment relates to a professional evaluation of the effect
on the victim.
l It became clear in the course of the research that prosecutors and the
courts wanted psychological assessments of victims and not victim impact
statements. They wanted to be able to call an expert who would come and
testify about the effects of harm on the complainant.
l Victim impact statements were not treated as strong evidence by prosecutors
and, in many cases, were not used by the prosecutors. It was their belief that
these were simply statements made by the complainants and that the latter
were not in a position to selfdiagnose themselves professionally. For that
reason, not much weight was given to the victim impact statements. It is true
that it is difficult for a victim to identify whether a behavioural symptom
relates to the sexual violence or perhaps to another trauma experienced by
them, such as, for instance, the death of a parent.
17
l In the course of doing the research it was found that victim impact statements
did not give a clear reflection of the impact on the life of the victim as the
latter was very rarely in a position to identify how the trauma had, in fact,
affected their lives. For instance, many did not realise that eating disorders
were related to the trauma. Victims also did not report certain effects unless
they were specifically asked, and often it was necessary for the researcher
taking the statement to make assessments regarding the effects of the sexual
offence. This has serious implications for the efficacy of these statements.
l There were further difficulties involved in working with children, as they
are cognitively not as advanced as adults. It was found that children under
the age of 10 were unable to make the statement on their own as they did not
have the developmental capacity to identify effects of trauma or link them to
the abuse. This information had to be obtained from parents or caregivers.
l Where the contents of the victim impact statement were disputed, the child
would have to be called to testify about the contents of the statement. This
will be even more traumatic for the child as the latter will then have to testify
twice.
l A positive finding was that the making of the victim impact statement was
found by most of the participants to be therapeutic and one even contacted
the researchers again and set up a further appointment. Three of the girls told
the prosecutor on the day that they testified that the victim impact interview
had increased their confidence to testify as it gave them an opportunity to
order their thoughts and make sense of the abuse.
The project findings concluded that victim impact statements will have greater
weight if they form part of an assessment conducted by a professional, who has
knowledge of trauma dynamics. The professional will then be able to conduct an
assessment and can make an evaluation of the effect of the sexual abuse upon the
victim. This is especially important when dealing with very young children. This
will also make it possible for the prosecution or the court to call the professional
as an expert to testify about the contents of the statement. Their opinion will carry
greater weight in court, and it will protect the child from having to testify again.
CONCLUSION
Becoming a victim of crime is an unpleasant and unwanted life experience
at best. The impact of criminal victimization is serious, throwing victims into a
state of shock, fear, anxiety and anger. The emotional, physical, psychological and
financial ramifications of crime can be devastating to victims. Coping with and
recovering from victimization are complex processes. Sadly, some victims may
never be able to do so. It is important to remember that victims do not choose to
18
be victimized. Sexual assault victims do not choose to be raped; parents do not

raise their children to be murdered; and women do not get married to be abused.
There is no question that the criminal justice system is stressful for victims. The
whole point of making the criminal justice system more "victim friendly" is the
assumption that doing so may actually reduce the trauma to the victims. It is also
reasonable to assume that being believed and treated well by the criminal justice
system could make things better for victims, notwithstanding the inherently
stressful nature of the criminal justice system. Effective partnerships among the
criminal justice system, victim assistance personnel, and trained mental health
professionals can help victims with crime-related psychological trauma and with
criminal justice system-related stress.
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21
The Theory and Praxis of Local Government –

Finding an Ideal Model during the Transitional
Period of Democracy in South Africa
Sultan Khan1
Abstract
South Africa upon ascension to democracy in 1994 had to restructure local government
so that it could meet the needs and aspirations of majority of the disenfranchised populace
through decades of colonialism and later apartheid. It inherited a fragmented, racially
divided and a wasteful system of government that was designed to minister to economic
interest of the minority white ruling class. In its efforts to make effective policy choices
South African local government experts had to examine a wide range of local government
models so that it could be tailor made to meet the rising expectations of the millions of
indigenous people that have been socially excluded from basic services. However finding
a right model given the practical reality of enormous backlogs in service delivery at a
local level has been a challenging tasks for politicians and policy makers alike with little
guarantee for success. This paper examines the different models of local government
as practiced elsewhere in the world and recounts how elements of these models were
incorporated into legislation which serves as a blueprint for local government service
delivery. In the final analysis the legislators settled for a hybrid system of local governance
purported to be developmental in nature but at the same time promoted economic growth.
INTRODUCTION
During 1994 South Africa had broken away from the shackles of four decades
of apartheid and the first democratic elections were held at the national and
provincial levels. Prior to the 1994 elections it was common to hear the voices
of disenfranchised blacks protesting against the undemocratic, illegitimate, and
unconstitutional forms of local government in the cities, townships and para-statal
homelands. The Freedom Charter in the 1950s set the ideological framework to
dismantle apartheid at the local level. Since then voices in the form of slogans such
as “power to the people” and “the people shall govern” were heard throughout
of South Africa.
It is twenty years since the first democratically elected local government has
come into being and to date several evaluations has been undertaken to ascertain
the effectiveness of this infant democracy at a local level. Policy makers are
School of Social Sciences, University of KwaZulu-Natal – South Africa

1
22
confident that the post-apartheid form of local government is a major deviation

from past legacies. They contend that local government in the new democracy is
developmental, people centered, sustainable, decentralized and committed to the
reconstruction and development initiative. In addition, local government in the
post-apartheid South Africa is envisaged to strive for social justice, redistribution
of resources to those who have been disadvantaged by apartheid, ensure local
citizen participation and improve the quality of life for all of its citizens. All of
this is evidenced in the White Paper for Local Government (1998).
However, reports indicate that the newly transformed local government
is confronted by many problems. Many blame the cumulative and back log
effects of the apartheid legacy. Research in other parts of Africa show that local
government delivery of services during the post-colonial period had been slow,
ineffective and unable to meet the needs of local people (Rondinelli and Cheema,
1988; Kasfir, 1987). Also research in America and elsewhere indicate that political
fragmentation has brought about greater disparities between the rich and the
poor, that elites dominate the levers of power at the local level and participation
from local citizens is purely theoretical (Hambleton, 1996; Pratchett and Wilson,
1997).
The paper has the following objectives:
l to examine the concept of governance and the theoretical assumptions
underlying local government upon which the case of South Africa will be
analysed;
l to examine how local government during the apartheid regime was used as a
state machinery to enforce the ideology of apartheid, its un-governability by
popular grass root participation, its role in creating the social, political and
economic landscape of the country and its attendant consequences for post-
apartheid reconstruction and development; and
l to examine post-apartheid reconstruction and development initiatives in
bringing about democratic forms of governance and the many problems
associated with it in meeting its development challenge.
The structure of the paper comprise an examination of the concept of
governance and the theoretical perspective upon which it is based; a conceptual
understanding of local government, its roles and responsibilities, an examination
of apartheid local government, its social, economic and political consequences;
transformation of local government in the post-apartheid era for the reconstruction
and development of historically disadvantaged communities; an evaluation of its
effectiveness to date and a discussion of both apartheid and post-apartheid local
government in the context of popular theoretical assumptions made about the
concept governance.
23
WHAT IS GOVERNANCE?
The concept governance is not new. It has been around both in political and
academic discourses for a long time. However, it has gained particular significance
in African development literature in the late 1980s as a result of increasing
crisis in the continent. The World Bank during this period identified the crisis
in the continent as one of governance. The crisis in governance was as a result
of extensive personalization of power, the denial of fundamental human rights,
widespread corruption and the prevalence of un-elected and unaccountable
government (Hyden, 1992:5).
The theoretical roots of the concept governance may be found in different
disciplines, such as institutional economics, international relations, organizational
studies, political science, development studies and public administration (Stoker,
1998:34). Each one of these disciplines uses the concept within the specific
boundaries of their disciplines. For the purposes of this paper it will suffice to
make a distinction between government and governance so that the concept has
a more generic reference.
The traditional use of the concept governance and its dictionary meaning
defines it as a synonym for government. However, Stoker (1998:34) asserts that
governance signifies a change in the meaning of government, referring to “a new
process of governing; or a changed condition of ordered rule; or the new method by
which society is governed”. On the other hand the concept government refers to
“the formal institutional structure and location of authoritative decision making
in the modern state”. For Stoker (1998:34-35) the concept governance is wider for
the following reasons:
l directs attention to the distribution of power both internal and external to the
state;
l focuses on the interdependence of governmental and non-governmental
forces in meeting economic and social challenges; and
l concerns itself on how collective action is met and the issues and tensions
associated with this shift in the pattern of governing.
In essence it may be stated that the concept governance is more an emphasis
on the emerging system of self-governing networks with civil society instead
of old forms of managerial control which are bureaucratic, top down and
centralized. Governance symbolizes democracy, enabling the participation of
people in decision making and the fragmentation of power to the lowest level
of government i.e at the local government level (Pratchett and Wilson, 1996:1-4;
Hyden, 1992:5-7).
24
The term governance in South Africa gained much prominence in the early
1950s and subsequently became a political slogan for the liberation of the country
from the repressive apartheid regime. It was a term commonly used by anti-
apartheid activists and its written use may be traced to the Freedom Charter
of the then banned African National Congress (ANC). The Freedom Charter
constantly made reference to the statement “the people shall govern”. In this context
the concept governance was used as an alternative form of government, which
is democratic and respects the constitutional rights of all South African citizens.
Civics and grassroots organizations in their day to day campaign for mass
political action against the apartheid regime called upon the disenfranchised
population to make the former South African government ungovernable. This was
attained through militant civic and grassroots action against the local government
structures of the apartheid regime, which eventually lead to its collapse in the
1980s. Later in the paper a full exposition on how local government was used as
a repressive agent of the apartheid regime and its subsequent collapse through
grass root participation will be discussed. However, at this stage it necessitates
an examination of the world view on the theory of local government which will
place the South African case in perspective, both the past and the present.
THEORETICAL PERSPECTIVE ON LOCAL GOVERNMENT

Contemporary theories on local government are a patchwork of various
strands of ideas which remain vague and imprecise. While in industrialized
countries, the theory on local government has been conceptualized to some
extent, in Africa the theory on local government is not distinct from the theory
of government. Nonetheless increasing debate on local government has made
possible a number of theoretical perspectives available of which five are of
contemporary significance. It must be noted that the intention is not to present a
detailed argument and engage in substantive debates on the different theoretical
positions held about local government, but to present the different perspectives
from which local government is perceived within the academic literature.
Localist Approach - This approach favors political pluralism and decentralisation.
It emphasizes local control, self-determination and horizontal competition amongst
local governments for the delivery of goods and services. Its basic position is that
local government exists to provide services to the local community, including
those identified by the national government. The localist approach encourages
participation, promotion of grassroots democracy, and fosters national unity. In
view of the emphasis on localness it facilitates accessibility, responsiveness and
political accountability (Roberts, 1997:10-15).
As mentioned earlier the localist approach favors the pluralist tradition of
local government. It may be expedient to discuss this approach very briefly.
25
Pluralists argue that despite the diversity of interest groups within urban
settings and varying degrees of influence there is great potential for all groups
to exert influence on decision makers through some form of compromise. In so
far as political elites are concerned, they emanate as elected officials of a group
accountable to their respective electorate. Within the pluralist approach elites
emerge only as representative of their groups (Engels, 1999:98-99).
Public Choice Theory: This theory views local government as an industry where
there are buyers and sellers in the market for local services. In this context the
buyers are local households and businesses who locate in particular areas and
pay for services through local taxes. The sellers are politicians and bureaucrats
who either procure or provide direct services to the public (Boyne, 1998:15-16).
However the way in which local governments procure or provide services is
based on the demands made by the market. For example if a residential area is
made up of a majority in the middle and upper income bracket they may demand
for services which residents in the lower income bracket cannot afford. One
major problem identified with the theory of public choice pertains to the issue
of sustainability as result of market failure. Market failure results because of
non-payment for services by some residents due to various socio-political and
economic reasons. They are often referred to as free-riders.
The other option is for those who cannot afford to pay for services within
a particular locality to relocate into an area within affordable means. This
according to the public choice theorists creates a free market as local citizens are
provided with a choice within a variety of localities in keeping with their level of
income affordability. It is therefore argued that the public choice theory creates
competition among local governments, with differing types and extent of services
in keeping with prevailing consumer demands (Engels, 1999:68).
Within the public choice theory privatization of public goods and services
is not a uncommon practice. Privatization is best justified on the fact that some
goods and services are better provided for by public institutions whilst others
by private ones. Competitive tendering, it is believed, is the best way to meet the
development needs of an area (Roberts, 1997:18)
Conflict Theory: Conflict theorists reject the assumption of long term social
stability as an illusion. They claim that societies are under constant change
through radical processes over basic values within the political arena. Central to
their claim is that every society is split in various ways between those people who
possess wealth and power and those who do not. Their arguments are based on
the traditional Marxist belief that human conflict emanates between the have and
the have not’s over the distribution of resources. These conflicts are built into the
social structure and can only be reconciled through the victory of one group over
the other (Engel, 1999:6-7).
26
For conflict theorists local government is a key part of the state in capitalist
societies. It serves as a relatively autonomous instrument of class domination on
behalf of the whole capitalist state and shares the primary role of reproducing
the conditions, within which capitalist accumulation can take place. It is within
this reproductive role that local government fulfills their conventional task in
the provision of services such as housing, education, health and social services.
Conflict theorists argue that these are the necessary condition for the reproduction
of the labour force (Roberts, 1997:20-25).
Elitist Theory: The central idea in this theory is that business interests predominate
and exert the greatest influence at local government level. Although citizens
and non-business interests may influence decisions to some extent, they have
minimum success in terms of big decisions such as taxes, education, welfare
and economic development. There is sufficient evidence (Mills, 1950; Floyd,
1963; Caro, 1974; Newfield and DuBrul, 1977) to make the assertion that business
dominates civic affairs and it uses local government structures as machinery for
the attainment of its business goals (Engels, 1999:99-100).
To some extent the elitist theory shares some similarity with the Marxist
conception of local government. The dominant presence of business elites in
local politics is likely to prevent community organizations and other middle or
working class groups from promoting their political agendas. This in the long
term is likely to cause conflict of interest as unaccountable elite is likely to have
too much scope for either tyranny or corruption (Phillips, 1996:20).
Consensus Theory: Consensus theory maintains that a workable, stable society
is based on a set of social, economic and political values shared by most of its
members. If the government and societal institutions are doing their jobs properly
then most of the basic needs of people will be met and social stability will be
realized. Consensus theory sees the government taking a role in the promotion of
public policies based on a compromise among groups with competing demands
(Engels, 1999:6).
This brief exposition on the theories of local government provides an
important basis for the understanding of governance at a local level. These
theoretical assumptions about local government will help to appraise the case of
South Africa both past and present. In addition it will serve as an analytical basis
to examine its potential for the reconstruction and development of the country in
the post apartheid era.
LOCAL GOVERNMENT - A CONCEPTUAL FRAMEWORK

Aristotle in his book entitled "Politics" based on his analysis of 185 Greek
City states may be considered as the first ancient equivalent of the modern local
government units (Reddy, 1992:19). Local government for Aristotle meant the
27
participation of every citizen to discuss the affairs of the city in finding solutions
to common problems in a democratic manner as compared to the autocratic forms
of government characteristic of that era (Reddy, 1992:19). Later on John Stuart
Mill (1975) averred that public participation is beneficial to citizen themselves
(Lawrence and Stanton, 1998:235). It is through public participation that citizens
are able to satisfy their needs and improve their quality of life.
Allen (1990:23) states that local government is the self-expression of the
people themselves, whose powers are not directed to the center, but retained by
the citizens of each community in the country to provide necessary local services
for themselves. However this does not mean that communities have direct
control over services without central government involvement. Wilson and Game
(1998:22) clarify this position by asserting that local government is essentially a
subordinate mechanism of the state for its own convenience. They further state
that it is one of the agencies through which the central government arranges the
provision of services for its subjects. Local government may therefore be conceived
as a mechanism for the delivery of services on behalf of the central government.
Whilst it may be argued that local government is a mechanism for the
provision of delivery of services, debates about the role, form and function of local
government goes far beyond this definition. To this extent local governments
are known to reduce the concentration of authority from the center, promote
decentralization of activities from the headquarters to the field, relieves the central
government bureaucracy of involvement in purely local issues, checks excessive
and straight-jacketed central directives and encourages speed in decision making.
Decentralization is known to reduce costs, improve outputs and utilizes human
resources effectively. In addition politically it strengthens accountability, brings
governments closer to people, provides better services, promotes liberty, equality
and welfare and, provides a training ground for citizen participation and political
leadership both locally and nationally (Wilson and Game, 1998:31-40).
Despite the many positive features attached to local government it must be
noted that pressures outside of the state is considered to be important for effective
and quality delivery of service (Burns etal 1994: 153). Participation may be
defined as the involvement of as many inhabitants of a municipal area in making
or influencing decisions relating to local public needs which would promote
responsible and responsive administration. Through participation it is expected
that democracy would be promoted at the local level. Participation requires the
involvement of citizens in a wide range of administrative policy making processes.
This essentially involves the determination of levels of services, budget priorities,
informing government about community needs, confirming acceptability of local
development projects, mobilizing community support and promoting a sense of
cohesiveness within society (Fox and Meyer, 1995:20).
28
Whilst participation is important for the effective delivery of services, it

may be questionable as to whether it truly represents community involvement.
Participation may be limited to the level were leaders have to take the initiative and
decide because the masses are not capable of action other than stampede through
mass action. Research indicates that only a few individuals in both developed
and under developed societies participate actively, while the large majority
participate infrequently and minimally (Bekker, 1996:67). Also in instances were
participation is prescribed, not all points of view are accommodated, with special
interests being predominantly represented (Redburn et al, 1980:350).
There is also the other view that too much participation leads to groups
making excessive and unreasonable demands on the modern state, thus
hampering development. It leads to unnecessary delays and increases social
tensions. Research evidence suggests that there is no correlation between citizen
participation and effective service delivery. Finsterbusch and van Wicklin (1987:
1-23) in their study of participation to determine the effectiveness of development
projects concluded that participation was a significant factor but not the most
important nor a consistent factor in success.
Burns et al (1994:223) contend that citizen participation in local government
activities is dependent on the extent to which the community enjoys cohesiveness.
The argument presented is that the less homogeneous civil society becomes, the
greater the likelihood of it being diverse, fragmented and polarised. The greater the
community fragmentation, the lessor the chance of the community participating
in its totality at a political level. Hence the notion of citizen participation becomes
questionable because one never knows who’s interest is being pursued and at
what cost. For example a locality may be divided by two opposing ethnic groups
and the majority of the two is likely to be considered the official representative of
the locality influencing local government decisions.
From the discussion thus far it may be concluded that citizen participation
in local government activities is suspect. It would be inappropriate to assume
that the delivery of service is dependent on effective participation and neither is
it appropriate to assume that participation equals democracy. It may be argued
that participation is a matter of political expediency. Participation is a mechanism
to achieve representation in the administrative process and the subsequent
acceptance of decisions.
The success of local government in developing countries especially in Africa
is known to meet with lessor degree of success. Rondinelli and Cheema (1988);
Kasfir (1987) and Mawhood (1987) in their study of African local governments
and the delivery of services confirm this position. Weaknesses in political support
among national leaders; resistance of central government bureaucracies to the
29
transfer of development responsibilities; passive support for or opposition to

decentralization by local leaders and traditional elites; ambiguity in the design of
local government policies; weaknesses in the capacity of central administrative
agencies to support and assist local government structures; authoritarian and
paternalistic behaviour of central government officials in dealing with rural
people; fear and distrust of government officials; shortages of skilled personnel;
financial constraints and limited revenue raising capacity at a local level;
inadequate physical infrastructure, transport and communication linkages;
unintegrated and unarticulated settlement systems; and cultural and historical
constraints has been identified as major reasons for the poor performance of local
government in Africa.
Similarly in the developed countries much debate centers on the role and
success of local government. In the case of the US, Bill Clinton and Al Gore
during their presidential campaign argued for a revolution in government. They
are known to publicly support a radical “change the way government operates
– to shift from top-down bureaucracy to entrepreneurial government that
empowers citizens and communities to change our country from the bottom up”
(Hambleton,1996:94).
In England and Wales the Commission on Local Democracy in 1995
concluded that the “local element in our democratic mix had withered and was
in danger of extinction” (Pratchett and Wilson, 1997: 16). All of these examples
suggest that government at a local level has become problematic and has
important consequences for the future of cities, suburbs and the country side.
Local government in South Africa is no exception and the section to follow will
highlight how past local governments has been responsible for the shaping of the
present social, economic and political fabric of the country. The section to follow
thereafter will examine efforts to transform local government to meet the post-
apartheid challenge of reconstruction and development at a local level.
THE SOCIAL, POLITICAL AND ECONOMIC CONSEQUENCES

OF APARTHEID LOCAL GOVERNMENT
Historically, the forms of urban administration and control applied in South
African cities and towns were based on the ideological belief that black people
were temporary residents in "white" cities and towns. Municipalities during
much of the British colonialist period ministered to the needs of the white urban
populace through by-laws or legislation enacted by the central government. This
is evidenced by the Natives (Urban Areas) Act of 1923 which aimed at enforcing
influx control at a local level on behalf of the Department of Native Affairs. This
piece of legislation is known to be a historic document which determined the
political landscape of South Africa.
30
However, the coming of the Nationalist Party into power in 1948 and
subsequent resistance followed by the Defiance campaign in the 1950s to the
provisions of the Urban Areas Act of 1923 led to wide ranging changes to policies
in local government administration. Amendments to Section 10 of the Act ensured
that no black persons were allowed to stay in a prescribed urban area for more
than 72 hours unless permission was sought from the local labour bureau. This
piece of legislation remained the primary instrument for the regulation of African
influx in urban areas (Tomlinson and Addleson, 1987:75).
In the 1950s the structure of the apartheid cities was based on the infamous
Group Areas Act which empowered city administrators to divide the cities into
four racial segments, reserved exclusively for whites, Africans, Coloureds and
Indians respectively (Swilling 1997:213). Each group area was governed and
administered separately by different planning bodies.
According to Reddy (1993:43) local government in South Africa has been
subjected in totality to the other tiers of government (central government,
provinces and homelands) and further complicated by the different types and
variants of local authorities ranging from city councils, town councils, town boards
and health committees. In addition administrative and municipal laws varied
for the different race groups. The minority Indian and Coloured communities
were represented through the Local Authority Councils (LACs) system. Indian
and Coloured areas were administered by the white city and town councils
whilst in African areas local government administration was in the form of town
committees, city councils and tribal authorities outside the city (Reddy, 1993:43;
Cameron, 1995:399). It must be noted that no management committee existed for
both coloureds and Indians. This was due to the lack of economic viability, lack
of trained staff and political opposition to these structures (Cameron, 1995:399).
Apart from state repression and the forceful implementation of territorial
apartheid, in the white urban areas, African township housing production
slowed down drastically and replaced by single sex hostels to meet the labour
needs of industries. New townships were erected only within the Bantustans and
the Group Areas Act was implemented more repressively through mass forced
removals and relocations to townships. A direct consequence of this repression
was the creation of the so-called cross border commuter who came into the cities
and suburbs just to work for the day and return to their dormitory type township
just to sleep (Tomlinson and Addelson, 1987:78).
Disagreements and conflicts between the state and white municipalities
in dealing with increasing influx into towns and cities led to the passing of
the Black Affairs Administration Board (BAAB) Act of 1971 which transferred
the responsibility of white municipalities to the central state in managing local
31
black affairs, both urban and rural. Subsequently the BAAB took over municipal
functions in all black areas and it became responsible for the delivery of local
authority services. In the self-governing states or para-statals such as Transkei,
Venda, Bophuthatswana and Ciskei (TVBC states) local government services
was directly under the homeland leaders. These leaders were appointed without
legitimate support from the disenfranchised local citizens.
The 1973 general strikes and the education crisis in 1976 which subsequently
led to a national youth revolt set the climate for further state reforms in the form
of the Riekert Commission report on Manpower Utilisation in 1979. The Riekert
Commission proposed the liberalisation of labour markets to be accompanied by
political decentralisation and privatisation of township housing, transport and
services. In this way, it was envisioned that the state could withdraw subsidies
to township housing, transport and services through the levy of rates and taxes
on consumers, homeowners and African businessmen in the townships. For this
to be achieved the Riekert Commission proposed that the BAABs be replaced by
local authorities (Hindson, 1987:84). These proposals culminated in the Promotion
of Local Government Affairs Act in 1983, the Local Government Bodies Franchise
Act in 1984 and the Regional Services Councils Act in 1985 (Todes, Watson and
Wilkinson, 1987:115).
The 1982 Black Local Authorities (BLAs) Act despite enjoying slightly higher
authority was still under absolute ministerial authority of the apartheid regime.
The BLAs suffered from a weak financial base and lacked popular support for
legitimacy. Sudden increases in rental and payment for services to supplement
the weak financial base of the BLAs fuelled popular hostility against these local
authorities. Rent boycotts, non-payment towards local services, attacks on local
councilors etc. lead to the total collapse of the BLAs (Maylam, 1990:83).
From the above exposition it becomes evident that local government during
the apartheid legacy aimed at improving the quality of life for white South
Africans only at the expense of the majority of the disenfranchised blacks.
The consequences of apartheid local government have had far reaching social,
political and economic effects on the majority of the Black population in South
Africa which will be discussed briefly.
i) Social Consequences
The notorious Group Areas Act of 1950 was implemented by most local
authorities in South Africa and has been a major contributing factor to what
may be called the "Apartheid City". Implementation of the Group Areas Act at
a local level had taken the form of arrests in terms of the pass system, forced
removal and relocation, social isolation on the basis of race, provision of single
sex hostels and low cost housing in the cities (Tomlinson, 1994:117). Lack of rural
32
development had caused increased urbanisation and rapid mushrooming of

squatter settlements on the periphery and later in the inner city. Backyard shack
settlements in formal townships and over crowding had become widespread.
Urban poverty, lack of access to formal job opportunities, unemployment,
low educational levels, damage to the built environment and increasing stress on
the cities basic resources such as water, electricity, sanitation and health has had
major negative consequences for the sustainable development of the apartheid
city. To illustrate the enormity of overcrowding an Urban Foundation survey
in 1989 revealed that in the black townships of the Pretoria, Witwatersrand and
Vaal area 412 000 formal houses existed which was exceeded by 422 000 shack
dwelling in the back yard (Smith, 1995:234).
Hindson, Mabin and Watson (1992:6-7) in their study on Restructuring the
Built Environment noted that the major problems inherited from the apartheid
legacy was
"a racially fragmented and discontinuous land and settlement patterns,

haphazard, dysfunctional and inefficient spatial ordering, the lack of
complementary juxtaposition of mixed forms of land use (land use mismatches),
generally low levels of population density and the concentration of the poor in
relatively high density areas on the urban peripheries and the wealthy in the core
and intermediate urban areas".
Economic Consequences
The Group Areas Act promoted the zoning of all major commercial and
industrial nodes in White suburbs which was under the direct jurisdiction of the
White Local Authorities (WLA’s). This in turn ensured that 50 - 70% of all revenue
to White local authorities emanated from the commercial and industrial areas in
the form of property rates and service charges (Swilling, 1997:214).
To illustrate the financial benefits derived by the WLA’s through the
segregation of the apartheid cities, the Urban Foundation Report in 1993
highlighted the following:
l property taxes generated between 1988-1989 by commerce and industry
provided the WLA’s with an income of R870 million. This comprised 53% of
all property taxes collected from non-governmental agencies, and
l R5.6 billion was generated by local authorities from the sale of water and
electricity, of which R3.3 billion was paid by business and industry (Urban
Foundation, 1993:10).
This revenue was used to fund high level services in the White suburbs to the
neglect of Black areas. Commercial and industrial areas are non-existent in Black
33
townships which had to rely on service charges and levies and from rentals paid
to largely state owned housing. The financial non viability of the Black township
had become further evident by the apartheid governments subsidy of 30% to
make up the shortfall in the running costs of the townships (Swilling, 1997:214).
As a consequence, Black township dwellers worked in the white suburbs spent
their earnings at white owned consumer outlets and returned to their dormitory
styled townships just to sleep. It is therefore evident that apartheid had promoted
the centralisation and concentration of the South African economy in the hands
of the white ruling classes and created Black enclaves which became a fertile
ground for the reproduction of labour to serve capitalist needs. This is confirmed
by Swilling (1997:214) who asserts that by the beginning of the 1990s over 90%
of the formal economy had been controlled by a minority of extremely wealthy
white shareholders.
A direct consequence of centralisation and concentration of the South
African economy was the ever-increasing rates of poverty. A household survey
conducted by the Central Statistical Service in October 1995 revealed that the
highest (61%) of the poor were concentrated among blacks, particularly Africans
(May, 1998:6). This high rate of poverty had given rise to the informal sector in
most South African cities.
Despite the negative perceptions of the informal sector and the impact it
has had on the formal economy, it continues to serve as a "safety net" for many
unemployed Africans in South Africa in the absence of increasing rates of
unemployment and poverty. An estimate under taken in 1985 by the Bureau of
Market Research revealed that 39% of the South African urban population were
involved in informal activities which amounted to R57 billion of unrecorded
income, an equivalent of 5.1% of the GDP (Preston-Whyte and Rogerson,
1991:155-156).
Political Consequences
Political exclusion of the majority of the black population from the decision
making process was the cornerstone around which apartheid policies were
formulated and implemented. Political landmarks such as the Defiance Campaign
in the 1950s, Sharpeville massacre of the 1960s, student revolts of the 1970s and
the militant resistance by civics in the 1980s against apartheid policies has been
an attempt by the disenfranchised blacks to assert their political right and strive
for freedom.
Although apartheid reforms in the 1980s attempted to co-opt black leadership
by setting up independent homelands and black local authorities in townships,
its legitimacy was vociferously contested through strikes, consumer boycotts,
non-payment for services, mass stay ways, public protests and demonstrations
34
etc. These protests and resistance had caused most Black Local Authorities to be
rendered ineffective and non-functional.
This is illustrated by the Race Relations Survey (1991-1992) on the state of
BLA’s in the four provinces of South Africa.
Table 1 BLA Councillor Resignations
Councils Functioning
Number of Councils
Seats Occupied
Administrators
No. of Seats
Province
Cape 93 54 (58%) 39 (42%) 636 358 (56%)

Natal 17 15 (88%) 2 (12%) 103 79 (76%)
Transvaal 82 43 (52%) 37 (44%) 692 386 (53%)
OFS 71 26 (37%) 45 (63%) 442 180 (41%)
(Source: Race Relations Survey (1991/92: 469-470)
Whilst institutional means of participation provided for by the apartheid

regime were rejected by the majority of the black population, overwhelming
resistance to local government structures and its policies by grass roots
organisations made up of civic organisations, religious groups, interest groups
etc. had gained popular support (Atkinson; 1988:202-208). Swilling (1998:192-
193) notes the following:
"…. the vacuum left by the collapse of civil government has been filled by
mass-based community organisations affiliated to the United Democratic Front.
These organisations not only have the leadership skills and organisational
capacity to take over the running of the townships, but also a legitimacy that
derives from the fact that they have emerged from below through the direct
action of the masses. Based on street and area committees, these new forms of
popular government are referred to by the participants as embryonic 'organs of
people power'".
As a consequence local government structures were rendered ungovernbale.
Instead a style of politics was entrenched in which power was wielded through
the mass mobilisation of disenfranchised blacks against the illegitimate local
35
government structures rather than actual participation in these institutions

(Urban Foundation, 1993:11). The economic cost of these protests in the 1980s
in the form of rent boycots cost the apartheid regime R1m a day involving 54
townships nationally (Swilling, 1988; 194). This is only one such example.
POST-APARTHEID LOCAL GOVERNMENT POLICY REFORM

The period after 1990 heralded a new political era in the history of South
Africa. During this period the oldest anti-apartheid movement (ANC) was
unbanned and a negotiated settlement was reached for the democratic governance
of South Africa through the Multi-Party Negotiating Forum.
The transformation and democratisation of local government did not fall under
the purview of the Multi-Party Negotiating Forum but rather was conducted by
the Local Government Negotiating Forum (LGNF) (Moosa, 1995:16). The LGNF
was established in March 1993 and consisted of a delegation of 60 members, of
which 30 were led by the South African National Civic Organisation (Sanco) i.e.
the 'non-statutory side' and 30 members from organised local government i.e.
the 'statutory side'. A management committee was appointed together with three
working groups focusing on legal and constitutional issues, services and finances,
and management, administration and training. Aspects such as the suspension
or adaptation of legislation, revised interim measures for local government, the
suspension of rent and services boycotts, dealing with personnel in the transitional
phase etc was investigated by the working groups (Moosa, 1995:16).
The LGNF upheld the importance of legitimate and effective local
government through a transparent, inclusive, bottom up approach involving
relevant stakeholders at the local level especially from communities who have
been previously excluded from local government participation. In contrast to
the apartheid legacy of top down and racially fragmented local government
policy and practice, the LGNF aspired to formulate new policies in keeping with
internationally recognized democratic values. Concepts such as “bottom up”,
“devolved powers”, “inclusivity”, “democracy”, “development”, “effectiveness”
etc was widely encapsulated in the policy discussions of the LGNF (Bekker, etal
1997:41).
In 1993 the LGNF negotiated the Local Government Transition Act (LGTA).
The LGTA simply sketched a process for change instead of proposing a blue print
for a new form of Local Government. This in effect led to adaptation, development
and democratization of the apartheid structures instead of reinventing local
government in South Africa (Pycroft, 1996:236).
The process of change contained three distinct phases towards transition.
l The pre-interim phase - this will involve the establishment of local forums
36
in order to negotiate the appointment of temporary councils to govern local

authorities until municipal elections.
l The interim phase -this will commence from the municipal election and
continue until a new government system has been formulated and legislated.
l The final stage- this is when a new local government system has been
established (Government Gazette 18739, 1998:24).
According to Khan and Maharaj (1997:158) the key problems encountered in
the implementation of the LGTA pertained to the following:
— refusal by key parties to negotiate and/or participate in interim structures,
— staff resistance threatened by rationalisation, redundancy and redeployment,
— problems experienced by boycotts and the supply and maintenance of bulk
infrastructure, and
— the lack of knowledge and experience amongst appointed members serving
on interim structures.
In addition several other difficulties were experienced by the LGTA in the
absence of central government intervention. These relate to the inability of the
GNU to finance the costs of transitions which amounted to millions of rands. The
other is the central governments directive to the local government to wipe of debts
in respect of outstanding service payments. This evoked much resistance from
several white and advantaged local authorities who displayed no expediency
in integrating with township management committees (Khan and Maharaj,
1997:164-165).
A major problem with the LGTA was the centralisation of power within
metropolitan councils to the subservience of metropolitan sub-structures. There
was no uniform interpretation of the LGTA as different centres interpreted the
provisions of the Act differently. In some instances power was vested in the Metro
Council whilst in other instances local council had greater autonomy (Khan and
Maharaj, 1997:163).
It is evident that Local government in South Africa had experienced many
problems arising from the transition process. This is summed very adequately in
the Local Government White Paper (No.18739, 1998:31):
" Municipalities are all experiencing problems arising from the transition
process. Costly and complex administrative reorganization has tended to focus
municipalities capacity inwards, rather than towards their constituencies and
delivery. Prolonged uncertainty about powers, functions, areas of jurisdiction and
a host of other matters affecting local government have added to the problem. At
37
the same time municipalities have faced increasing demands and expectations on
delivery, often without an increase in the resources to deal with these demands, or
even with shrinking subsidies. They have also faced the difficult task of realigning
their operations with a range of sectoral policies and programmes. Overall there
has been a lack of information and capacity".
During October 1995 the first democratic local government election took
place. In March 1998 the White Paper on Local Government was accepted as a
working document for all local government structures in South Africa.
In terms of the White Paper, developmental local government is defined
as “government committed to working with citizens and groups within the
community to find sustainable ways to meet their social, economic and material
needs and improve the quality of their lives” (Government Gazette No. 18739,
1998:37).
Taking into consideration the past realities of apartheid local government,
developmental local government aim to achieve the following outcomes:
l Provision of household infrastructure and services - this includes services
such as water, sanitation, local roads, storm water drainage, refuse collection
and electricity.
l Creation of livable, integrated cities, towns and rural areas – this involves
the spatial integration of settlements in order to enhance economic efficiency,
facilitate the provision of affordable services, reduce household costs incurred
by commuting and enable social development.
l Local economic development - this involves the promotion of local
businesses, investment support for prospective investors and support to the
informal sector.
l Community empowerment and redistribution - this involves building local
democracy, promotion of participation in policy processes, responding to
consumer needs, reorganisation of local administration, forming partnerships
with communities and resource mobilisation (Government Gazette, No.
18739, 1998:42-55).
PRESENT PROBLEMS AND DIFFICULTIES EXPERIENCED IN

THE SOUTH AFRICAN LOCAL GOVERNMENT SYSTEM
It is almost five years since the first democratic local government came into
being. The white paper on developmental local government is almost a year old.
A full evaluation of local government achievements would require an intensive
study. However, a study of popular media reports and other local government
documents has made it possible to gauge the extent to which local government
38
in South Africa is experiencing problems and difficulties in achieving its goals.

There is increasing anxiety that local government in South Africa is not
financially sustainable. This is largely attributed to the culture of non-payment
for services despite the fact that the GNU has embarked on a national Masakhane
Campaign (i.e. to instill a culture of payment for services). A preliminary evaluation
of the RDP during March 1999 confirms that “the problem of low service payments
confounds local government’s capacity to deliver service that will be sustainable”
(May and Gayadeen, 1999:40). A report in the Business Day dated 19th March
1997 highlighted that one third of the 835 municipalities in South Africa have no
funds to deliver services at an acceptable level and have no reasonable prospect of
generating an income. During April 1997 local governments owed R6.5bn to the
Local Authorities Loan Fund. In order to offset this debt an increase of between
11.8% to 15.5% in general rates and service charges was implemented (Business
Day, 29/04/1999).
This increase in general rates and service charges led to further crisis in local
government. In Johannesburg, the wealthy white Suburb of Sandton boycotted
payment of property rates on the grounds that the GNU was guilty of practicing
the socialist/communist principle of “bleeding the productive and hardworking
middle class” (Business Day, 16/04/1997). The Sandton Federation of Ratepayers
vehemently accused the GNU for not handling rate defaulters even handedly.
The federation argued that township defaulters were never penalized by the local
authorities when in default of payment.
However contrary evidence may be noted. Black residents in the Durban
Metropolitan area have been treated with stiff penalties for the non-payment of
services. During June 1998 the Durban Metropolitan Council took firm action in
disconnecting water and electricity services to residents who defaulted payment.
In the sprawling historically disadvantaged black townships of Lamontville
and Kwa-Mashu, 1300 and 1100 families respectively had their water supply
disconnected (The Mercury, 2/06/1998).
The non-payment for service has drastically undermined the reconstruction
and development initiative of the GNU. In the historically disadvantaged
communities of Durban recently built libraries, swimming pools, community halls
and other amenities remain closed as the council cannot find money to run them
(Daily News, 12/06/1998). The City Council cannot find the operating budget
because of poor payment for services by the local communities. Financial crisis
and the seriousness resulting from the non-payment for services has ironically
also got the support of South African National Civic Organisation (Sanco), who in
the apartheid era was in the political fore front calling for the boycott of local rates
and taxes. Sanco has called upon the Johannesburg Metropolitan Sub-Structure to
crack down all rates and service payment defaulters (Business Day, 6/02/1997).
39
Whilst there is a poor culture for the payment of services, the Finance
Minister Trevor Manuel has conceded that local authorities have little respect for
budgets (Business Day,14/10/1997). Many municipalities have no checks and
balances on officials and councillors who overspent their budgets. In order to
ensure good financial management of local authorities, the new Treasury Control
Bill is expected to contain any mismanagement of funds and create greater
transparency. Further, the bill is anticipated to ensure that no local government
authority will be compensated for its failure to collect revenues which should
have been due from taxation. This in effect will force local government authorities
to ensure that communities pay for service delivery.
Post-apartheid local government critics attribute the crisis in local
government to be the result of inexperienced administrators and councillors.
It must be noted that after liberation, many of the highly trained civic leaders
South Africa opted for influential positions at both national and provincial
government levels. In addition most Black Local Authorities had collapsed and
consequently no administration entity existed. Where leadership exist especially
in the historically advantaged white local authority area, local councilllors and
administrators have to find ways to provide equitable services to vast numbers of
previously disadvantaged citizens. Many of these councillors and administrators
have no knowledge of the communities that they have to deal with and problems
of resistance to work with these communities due to racial prejudices further
exacerbates the problem of capacity. The training of new and existing councillors
and administrators has been identified as a key to effective local government in
the post-apartheid era (Business Day, 20/11/1997).
Fourie (1998-230) strongly expounds that the achievement of service
excellence in local government in South Africa is dependent on the appointment
of the right people in the right positions. The appointment of competent staff with
the necessary skills and knowledge to deliver service has been widely recognized
both by GNU and the SALGA (South African Local Government Association).
Presently, in South Africa universities such as Witwatersrand and Durban-
Westville are known to offer local government training and retraining for public
administrators.
The Local Government Training Board (LGTB) is also known to provide
training to both local government officials and guidance for councillors. However,
at the New Public Administration Initiative consultation held at Mount Grace,
Magaliesburg in 1991, it become abundantly clear that the LGTB was ineffective
in training local government officials and councillors (Mc Lennan and Fitzgerald,
1991:49).
However, training programmes for councillors in local government
40
administration poorly developed. The Mount Grace consultations in 1991

recognized the training of public officials and councillors jointly. It also recognized
that councillors do not have an intellectual grasp of the principles of policies and
often interfered with the work of public officials. The need for training of semi-
literate councillors had been recognized for the future democratic functioning of
South Africa (Mc Lennan and Fitzgerald, 1991: 49-50).
To illustrate the importance of training coucillors in the management of
local government it becomes necessary to cite the case of Botswana. Lekorwe
(1997: 47- 49) in his study of local government in Botswana found that 37% of
councillors had only a primary education or none at all as compared to 81%
of public administrators had post-secondary qualifications. Hence, Lekorwe
(1997) concludes that local bureaucrats are more likely to dominate councillors
because of their advantage in educational level and their jobs were made difficult
by uneducated, ill-informed politicians who in many instances misrepresent
government policies. In the case of South Africa the Department of Constitutional
Affairs noted that councillors political interference prevented many accounting
officers from doing their jobs (Business Day, 29/04/1999).
DISCUSSION
The case of South Africa is unique because many of the theoretical
assumptions about local government expounded in this paper may be identified
with it. Apartheid local government is a clear indication of the conflict theorist
standpoint on long term social stability. Reflections on the past illustrate how
local government during the apartheid regime ensured the pre-conditions for
the reproduction of cheap Black labour for capitalist exploitation. In doing so it
financed services in White suburbs and ensured that commercial and industrial
areas were zoned within these suburbs to the detriment of Black townships which
was an area of violent conflict between the disenfranchised Black population and
the local government authority.
The history of local government in South Africa also highlights the power of
the central government over local government functioning. The inability of the
white municipality to manage the affairs of Black townships led to the apartheid
government taking direct control over the administration of these areas. The
collapse of the Black Local Authorities during the apartheid era is also an
indication of the power of civil society in disbanding ineffective local government
structures, although it was unsuccessful in making an alternative replacement.
The apartheid legacy of local government also illustrates how central
governments can exercise unilateral powers by appointing representatives to
serve its interests as against the wishes of the majority of the local people. Black
councillors were co-opted as a new elite class to serve the illegitimate Black Local
41
Authorities. In addition it is an example of the effects of non-participation of local

citizens and the attendant effects of poor levels of development at a local level.
Community opposition to the Black Local Authorities in the 1980s led by the
Mass Democratic Movement and the United Democratic Front also constituted
of elite leadership. These leaders were activists with close allegiance to the then
banned ANC who led masses of people against the unpopular BLAs. Many
members of the SANCO were trained ANC activists and were not necessarily
from grassroots structures.
In the post-apartheid era local government has been conceptualized largely on
the assumptions made by localist theorists. The White Paper on Local Government
(1998) strongly advocates citizen participation, promotion of grassroots democracy
and the achievement of national unity. The localist approach is most symbolic of
the anti-apartheid political slogan that “the people shall govern”. In addition the
processes involved in the formulation of the white paper on local government
in South Africa lend great support to the consensus and pluralist theory on local
government. The very fact that all stakeholders were involved in the formulation
of the Local Government White Paper, with the government taking a lead role in
its facilitation is suggestive of consensus amongst all competing groups.
However an examination of the effectiveness of local government in the post
apartheid era suggests to the contrary that conflict based on competing demands
and needs continue to haunt South Africa’s newly found democracy at the local
level. Historically advantaged white local authorities continue to safeguard their
tax base at the expense of disadvantaged Black townships. Residents in the
white suburbs argue that their taxes should be used strictly to maintain amenities
within their locality whilst public amenities in black townships have become non-
functional due to the lack of funds to sustain its ongoing operation arising out of
the continued culture of non-payment for services.
The question arises as to what options do citizens in a locality exercise when
part of the population has become free riders? The disconnection of electricity
and water supply could be one form of penalty for the individual defaulter, but
when libraries, community halls and recreational facilities shared by the general
community remains closed, would moving to another locality with a stronger tax
base a reasonable public choice to be exercised by those who are dissatisfied with
the quality of service? Considering the fact that affluent suburbs are beyond the
financial affordability of the majority of the township dwellers in South Africa,
this is not much of a public choice option.
Whilst conflict over the movement of taxes is evidenced in white suburbs in
South Africa, the lack of public choice options for black township dwellers and
the problem of free riders is a potential area for conflict. It may be argued that an
42
option exists for those who cannot pay for services to relocate to an area within
their affordable means. This is also an unlikely option in the light of chronic
housing shortages and poor local economic development in the previously
disadvantaged Black residential areas. In addition the problem is likely to be
displaced and further perpetuate itself in a new settlement. From a public choice
perspective, it has been established that local government in South Africa has very
little resource at its disposal to provide its citizens varying levels of options. The
only option is for central government intervention through inter-governmental
transfers and loans.
The examination of local government effectiveness in the post-apartheid era
does not look very promising. It is evident that the cumulative backlogs from the
apartheid regime, lack of trained personnel, poor quality of councillors, financial
mismanagement, resistance from affluent communities towards the national
reconstruction and redistribution programme, and a culture of entitlement
emanating from the non-payment for services are major problems faced by local
governments in South Africa.
If the above problems persist then it is questionable whether the goals of
“developmental local government” as set out in the White Paper can be achieved
given the constraints. The White Paper on local government already acknowledges
that “municipalities have faced increased demands and expectations on delivery”
(Government Gazette No. 187329,1998:31). In the absence of these expectations
not being met, great potential for conflict exists as expounded by the conflict
theorists on local government.
CONCLUSION
It is evident that the post-apartheid local government has inherited many
of the problems of the previous regime and it continues to haunt in the light
of initiatives for reform. The culture of non-payment for services inherited
from resistance politics of the past, and ineffectiveness of local councillors
and administrators, resistance to the transformation process by previously
advantaged communities to respond to the new challenges of developmental local
government as espoused by the GNU is likely to undermine developmental goals
of local government. Communities who have been historically disadvantaged
have legitimate expectations for basic services. Further delays and uncertainty
present a great potential for conflict at the local level.
The previously advantaged local governments are unlikely to share their
revenues for the benefit of development initiatives in previously disadvantaged
communities without much resistance. This is likely to perpetuate greater
economic disparity amongst local governments as the prospects for substantive
43
improvements to the quality of life of the previously disenfranchised population

becomes greatly reduced.
Whilst it is necessary to instill a culture of payment amongst the
previously disadvantaged communities, a greater need exists to instill a culture
of redistribution and goodwill amongst those communities who have been
previously advantaged during the apartheid regime. Failure to do so, is the risk of
increased central government intervention forcing privileged local governments
to share their tax base with the historically disadvantaged ones. If these problems
persist local governments in South Africa will have reduced capacity to sustain
itself financially and its future role of pursuing developmental objectives is likely
to be become blurred and unpredictable.
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46
The Changing Nature of Crime after Second

World War
Ashish Kumar1 and Anup Yadava2
Significant changes to both the scale and the nature of crime took place after
the outbreak of war in 1939. The war provided new opportunities for criminal
enterprise. It has been observed that:
Further developments affecting the nature of crime occurred following the
end of the war in 1945. It was conducted by new breed of criminal – ‘cunning,
ruthless and well-informed ... younger, fitter, harder, more resourceful and more
energetic than the pre-war criminals’ (Morton, 2002: 206).
In this period, the enterprise of individuals gave way to more collective
forms of activity, such as smash-and-grab raids and armed robbery, the latter
constituting a major from of crime during the 1960s. The teams that carried out
these crimes were often recruited on an ad hoc basis (Morton, 2003: 229-230),
although the shift from craft-based forms of crime to project-based enterprises
was sometimes characterised by careful planning and organisation (McIntosh,
1971). The latter were organised by professional criminal masterminds who
recruited teams specifically for a particular criminal enterprise and were willing
to use violence to achieve their aims. this resulted in spectacular crimes involving
vast sums of money, the first successful major post-war example of which was the
‘Great Mail-bag Robbery’ on 21 May 1952, in which £287,000 in cash was stolen
(Morton, 2003: 235). Other examples included the ‘Great Train Robbery’ on 8
August 1963, when an estimated £2.5 million was stolen, which at that time was
the biggest theft the world had ever known (Morton, 2003: 242). Activities of this
nature were continued into the 1970s when cash in transit became a particular
target.
A separated (although related) development was the rise criminal gangs
wielding control within specific geographic areas and whose focus was particularly
directed at controlling existing criminal activities. Gangs of this nature ere not a
new development and had existed in the latter years of the nineteenth century
in a number of cities. In many ways, the activities of the Sabinis in London in
the inter-war years (which embraced protection rackets centred on gambling and
drinking pursuits) provided a model for the development of subsequent criminal
1
IES, Advisor, Department of Social Welfare, Government of Uttar Pradesh
IAS, Director, Mandi Parishad, UP & Research Scholar, JJT University, Rajasthan
2
47
gangs, which were characterised by being centred on families for whom crime
was important both for profit and also for the power and prestige it bestowed
on gang leaders. This of criminal activity was epitomised by the activities of the
Krays in East London and the Richardsons in South London during the 1950s and
1960s and has been argued to have provided the roots of modern professional,
organised crime (Carrabine et al., 2004: 188).
New form of crime emerged after the 1960s, fuelled by factors such as
increased affluence, consumerism, changes in moral attitudes and technological
developments. This rise to activities that included pornography, the counterfeiting
of goods, VAT fraud and (especially during the 1980s) drugs. It has been argued
that the promotion of materialist values during the Thatcher era helped to fuel
crime (Carrabine et al., 2004: 190).
Some of these modern forms of criminal activity embraced new forms
of management, which is referred to as ‘organised crime’. This term describes
activities conducted at national and international levels, characterised by an
enhanced degree of organisation that had previously existed. Organised criminals
have been defined as ‘those involved, normally working with other, in continuing
serious criminal activities for substantial profit, whether based in the UK or
elsewhere’ (NCIS definition, quoted in Home Office, 2004a: 7). This definition
highlighted that many organised crime groups ‘were, at root, businesses and
often sophisticated ones’ (Home Office, 2004a: 7), whose scale of operations
was vast and included drug trafficking, excise fraud, VAT fraud and organised
immigration crime (Home Office, 2004a: 8).
Globalisation and technology have further helped to fuel the growth of
organised crime: ‘globalisation .... has made it increasingly easy for foreign
organised criminals to set up base in major European cities such as London. ...
New technologies provide new and more effective means to commit crime ... as
well as more secure ways of communicating with criminal groups’ (Home Office,
2004a: 11). The international dimension of contemporary crime is growing. In
2003, Europol reported ‘a significant growth in the EU of the cross-border
activities of organised crime groups in the areas of drug-trafficking, illegal
immigration, trafficking in human beings, financial crime and smuggling (House
of Lords European Union Committee, 2004: para 25). This situation has given
rise to developments based on the principal of mutual recognition of member
sates’ national criminal laws and procedures by the other EU countries and the
establishment of new institutions that included Europol and Eurojust.
One further aspect of the international dimension of contemporary criminal
enterprise has been crime based on diverse ethnic communities. It has been argued
that criminal gangs, whose members derived from London’s minority ethnic
communities, were engaged in activities that included running protection rackets,
48
importing fake electrical game trafficking women to use as prostitutes (Cowan

and Hyder, 2005). However, it has been argued that ‘the extent to which ties into
ethnic communities into international criminal operations or conspiracies’ (such
as the Yardies or Triad) is ‘complex and debatable’ (Carrabine et al., 2004: 192).
The police response to the post second world war
Character of crime (1): Methods

Changes affecting the conduct of crime since 1945 have made for significant
changes in police methods, structure and organisation. This has had an impact on
all aspects of police work, although the work performed by detectives has been
especially affected by these developments this section examines some of these
key changes.
Rule-bending
One early development affecting the police response to new forms of post-
war crime was rule-bending. This involved police officers, usually detectives,
engaging in activities that included planting evidence and physically abusing
suspects in order to obtain a confession, which during the 1960s and 1970s was
viewed as an indispensable requirement if a conviction was to be secured. On
occasions, these confessions were fabricated. Some units, including the West
Midlands Serious Crime Squad, secured a degree of notoriety in connection
with activities of this nature, where violence became an aspect of organisational
culture.
Although the justification for these actions was that methods of this nature
were required to deal with the new breed of professional, hardened who emerged
in the post-war period, they lid to serious miscarriages of justice that were
highlighted by the report into the police investigation into the murder of Maxwell
Confait (Fisher, 197). The major problem was the relative lack of rights for
suspects, whose treatment at that time was founded on Judges’ Rules rather than
legislation. As is discussed in Chapter 3, the 1984 Police and Criminal Evidence
Act went a long way remedying abuses of this nature, replacing the old judges’
Rules with codes with codes of practice covering a wide range of police activities
and providing for the tape-recording of interviews.
The use of informants

The police gain information regarding crime and criminals from a number
of sources. These include members of the general public and other public
officials who gain information during the course of their work. Another source of
information is gained from informants (sometimes the term grass or supergrass is
49
used), who have regularly been used by the police to get intelligence on criminals
and criminal activities. Much of this type of work was historically conducted
on a personal basis between a detective and his/her ‘snitch’, although some
informants were registered on the authority of a senior officer in a police force.
In more recent years police forces have established central source handling units
to exercise supervision over the use of informants and the information that they
provide. Some forces have also developed IT to mange the information obtained
from informants. One example of the latter is the police Informants Management
System used by the Hertfordshire Constabulary.
There are several categories of informants (Morton, 2002: xiii), whose
motives for doing so are varied. Some informants may be associated with
criminals without themselves having carried out criminal activities. Others may
be recruited by the police following their arrest or conviction for a serious crime.
They then become willing to provide evidence regarding their associates for this
crime and sometimes for others that have been committed earlier. This process is
also known as ‘turning Queen’s evidence’, in return for which the informant will
either receive a much reduced sentence or total immunity from prosecution. Self-
preservation is the main motive in these circumstances.
Those who have taken this path include the bank robber Bertie Smaller in
1971. He was given immunity from prosecution in return for information that led
to the arrest of 27 of his former criminal colleagues (Morton, 2002: 56). Informants
(or supergrasses) were also used in Northern Ireland in the early 1980s to combat
politically motivated violence. One estimate suggested that between 1981 (when
Christopher Black turned supergrass) and 1984 at least 446 people were charged
on the basis of supergrass information (Gifford, 1984: 10). The use of informants
was aided by reforms to the judicial process in Northern Ireland, especially the
removal of juries hearing ‘scheduled offences’ – the so-called Diplock Courts that
were introduced following the 1973 Northern Ireland (Emergency Power) Act.
Informants may be the only available source of evidence against some forms
of criminal activity, including gang-related crime. In these cases, the capacity to
conduct crime may be crippled by the informant’s testimony. For this reason, the
courts have on occasions upheld the practice of informants being given lenient
sentences (Morton, 2002: 76-77). However, there have also been a number of
problems traditionally associated with the use of informants.
These include the spectre of serious, hardened criminals not being adequately
brought to justice for the crime they have committed, and perhaps being rewarded
for the information they have provided. Concerns of this nature might persuade
juries not to convict those named by informants. The evidence they provide may
not always be reliable and they may only provide partial information in order
to preserve their credibility with the criminal fraternity. It has also been alleged
50
that police officers may turn a blind eye (or be asked to turn a blind eye by the
informant’s detective ‘minder’) to other crimes committed by an informant in
order to keep the informant ‘onside’. This situation may mean that informants
are able to act as powerful criminals in their own right, furnished with a degree
of police protection.
Informants will require protection by the police, which may entail them not
being arrested when apprehended at the scene of a crime. It is highly unlikely that
the court will be made aware of this situation in order to preserve the integrity of
the informant. If they are required to provide evidence in court, it may be given
in a manner (the witness being able to use a pseudonym, appear in court behind
screens with a voice distorter and be immune from any from of effective cross-
examination) that undermines the fairness of the judicial process.
A final difficulty is that the system of informants may abet police corruption.
Informants construct a close working relationship between a police officer and a
criminal. Corruption may arise when informants enjoy immunity from arrest for
criminal acts they have carried out, in return for which police officers may demand
some of the proceeds of the crime. A system whereby payment by criminal is
made to police officers may then extend further into bribes, for example where
criminals who are not informants pay money to avoid arrest for their crimes.
Informants played a major role in police work during the 1970s (Morton, 2002:
304). Their use subsequently declined, although they have been viewed as one
way of improving detection rates (alongside other methods that included crime
pattern analysis) (Audit Commission, 1993). Technology (in the form of telephone
tapping, bugging and other forms of surveillance) provides alternative ways to
obtain information regarding criminal activities. However, although technology
avoids some of the problems associated with the use of informants, it carries its
own problems, especially in connection with the invasion of civil liberties.
In 1994, the Association of Chief Police Officers (ACPO) sought to provide
guidance to police force concerning the procedures to be adopted in connection
with the use of informants. However, questions remain as to extent to which it
was followed (Morton, 2002: 303). The 2000 Regulation of Investigatory Power Act
provided a statutory basis for the authorisation and use of convert surveillance,
informants and undercover officers.
Infiltrators
Infiltrators typically pose as a member of a gang and provide information
to the police regarding its criminal activities or they may be persons who seek
to construct a relationship with an individual criminal in an attempt to secure
evidence regarding his or her crimes. This role may be performed by police
51
officers working under cover, or it may be carried out by civilians who act in a
manner similar to that of informants.
A key problem posed by infiltrators is whether they merely report on
criminal activities or whether they act as an agent provocateur and organise
criminal acts that might not otherwise have been committed. This raises the issue
of entrapment, which, as a defence relating to the actions of a person charged
with a criminal offence, has operated less effectively in the UK than in the USA
(Morton, 2002: 237-238). The use of evidence obtained through infiltration was
initially regulated by the 1984 Police and Criminal Evidence Act, which gave the
trial judge discretion to refuse to admit evidence which might undermine the
fairness of the proceedings. The use of infiltrators is now governed by the 2000
Regulation of Investigatory Powers Act.
Surveillance
There are two main types of surveillance – mass surveillance and targeted
surveillance. The former is not directed at any specific target and the latter
involves the use of a wide range of techniques that include interception of
telephone calls and bugging. Key developments included the 1985 Interception
of Communications Act, which placed a warrant system to ‘tap’ telephones on a
statutory footing, and the 1997 Police Act, which gave the police service powers
to ‘bud and burgle’ in order to gather intelligence in connection with combating
serious crime.
The 1998 Human Right Act established the right to privacy and family
life, and the freedoms of expression and peaceful assembly and association
with others. Article 8 (concerned with privacy) required policing methods that
infringed privacy to be founded on statute. This requirement was fulfilled in
the 2000 Regulation of Investigatory Power Act. The 2000 legislation developed
existing safeguards provided through warrants in relation to telephone tapping
to other forms of electronic communication (such as emails and the internet).
Covert intelligence was also regulated by the Act, including the use of informants.
The safeguard established by the Act included a tribunal to hear complaints from
members of the public.
Intelligence-led policing
The need to amass information on criminals and criminal activity using
devices which include informants, surveillance and technological and academic
applications such as crime mapping and offender profiling that enable specific
groups of offenders (especially prolific offenders) or particular patterns of
behaviour to be targeted, have become key components of s method of policing
known as intelligence-led policing. A particular aim of this approach is to improve
52
the standard of police performance by raising the level of detected crimes.

Intelligence-led policing is based upon a belief that the police service was failing
to address ‘the systemic source of crime and crime patterns’ (Tilley, 2003: 313).
The police response to the post-1945 character of crime (2):

Structure and Organisation
The changed pattern of crime after 1945 was matched by a reorganisation of
the police service, including the establishment of specialist crime-fighting units
operating at any location within individual force (such as the Metropolitan Police’s
Ghost Squad, which existed between 1945 and 1949). A similar development
in this force was the establishment of a squad of detectives whose main roles
included conducting surveillance and undercover work in connection with crime.
This unit became known as the ‘flying squad’ and it was given independent status
in 1948. In the late 1970s, the flying squad was incorporated into an enlarged
central robbery squad whose role was primarily to deal with armed robbery and
other forms of serious organised crime.
Other developments occurred elsewhere in England and Wales to counter
new post-war criminal activities. One of these was the formation, during the
1960s, of regional crime squads. They operated across police force boundaries
and their work was integrated by a national coordinator. A danger common to
elite units of the kind referred to above is the autonomy they possess and their
potential to develop as a ‘firm within a firm’.
Development connected with the national and international organisation of
crime tended to question traditional organisational structures and gave rise to a
number of further developments that are considered below.
Police force amalgamations

The present structure of policing in England and Wales is based upon 43
forces. However, there is considerable disparity in their size (19 force currently
have fewer than 2,000 officers) and this situation has prompted successive Home
Secretaries to consider organisation reform in order to secure enhanced efficiency
and improved service delivery.
In 1993 a White Paper suggested that the presented structure of police forces
in England and Wales did not make the effective use of resource available for
policing, and section 14 of the 1994 Police and Magistrates’ Courts Act provided
the Home Secretary with the ability to amalgamate forces. No progress was made
with this reform, but it was resurrected in the Labour government’s 2003 Green
Paper, which floated the idea of creating largest ‘strategic’ forces at regional
level and ‘lead’ forces (Home Office, 2003: paras 6.6 and 6.10). This issue was
53
subsequently taken up by Her Majesty’s Inspectorate of Constabulary (HMIC) in

a report published on 16 September 2005 that suggested a fundamental reform of
the structure of police force in England and Wales.
The key justification for amalgamation was the need to deliver a better level
of performance in what are termed the ‘protective services’ (activities designated
as level 2 services by the National Intelligence Modal, which is discussed on page
77). These embrace activities that extend beyond the boundaries of either Basic
Command Units or individual police forces and grouped under seven headings:
l Counter terrorism and extremism;
l Serious organised (including that committed by criminal gangs) and cross-
border crime;
l Civil contingencies and emergency planning;
l Critical incident handling;
l Major crime (homicide);
l Public order;
l Strategic roads policing.
An eighth heading – protecting vulnerable people under the categories of
domestic abuse, missing persons, child abuse and the management of violent and
sexual offenders – was subsequently identified (HMIC, 2009: 8).
These tasks involved activities that were conducted beyond the boundaries
of Basic Command Units (BCUs) and entailed a force-level response (and
sometimes operations involving more than one force). However, it was argued
that these functions were not performed to a consistently high standard across the
board. It was pointed out, for example, that not all force had Major Investigation
Teams to counter serious crimes (HMIC, 2005: 7). Further, only 13 of the 43 forces
had fully resourced specialist murder units that allowed for the better use of
skilled specialist teams for serious crime and that minimised the disruption to the
everyday aspects of BCU work (HMIC, 2005: 11). Intelligence was singled out as
an area of work that required particular improvement since this was essential to
combat serious crime.
The thrust of the report was that ‘size mattered’ when it came to making
improvements in police performance to enable all forces the ‘protective services’
to an acceptable standard (HMIC, 2005: 7). the aim of the reform was to create
organisation ‘that are large enough to provided a full suite of sustainable services,
yet small enough to be able to relate to local communities’ (HMIC, 2005: 13). It
was argued that the minimum size of a force should be 4,000 officers (HMIC,
2005: 14), which suggested a drastic pruning of the exiting number of police force
54
into a smaller number of largest forces. The total number could be as low as 13
(Loveday, 2006: 10).
Impediments to police force reform

The term Home Secretary, Charles Clarke, supported reform along the
lines proposed in the HMIC report. There were, however, difficulties with the
proposed changes, including the possibility that reform could be achieved by
alternative methods. These included the development of improved collaborative
arrangements between forces, the adoption of a ‘lead force’ concept (which
could entail either a lead force taking charge of specific aspects of work or the
designation of a lead force covering all aspects of work at regional level) and the
federation of forces (whereby local forces would retain their autonomy but would
contract together to provide a common set of protective services). The ‘lead force’
concept had received a limited from of endorsement by the Home Affairs Select
Committee (Home Affairs Committee, 2005: 24). Proposals to compel police
forces to merge were abandoned when John Reid replaced Charles Clarke as
Home Secretary in May 2006.
The formation of NCIS and NCS

During the 1970s a number of national squads were formed to gather
intelligence on activities that included the drugs trade, illegal immigration
and football hooliganism. These units were brought together in 1992 under the
organisational umbrella of the National Criminal Intelligence Service (NCIS)
to perform ‘a supply and support role in relation to agencies which ... have
enforcement and investigative functions’ (Walker, 2000: 202). It was controlled
by the Home Office and additional functions (such as the formation, in 1995, of
a special unit to focus on groups involved in the theft of vehicles and mobile
building equipment) were subsequently added to its responsibilities. The NCIS
had no executive arm, although its regional organisation matched that of the
regional crime squads which were themselves subject to a loose from of national
coordination based in London.
In 1996, the Home Secretary announced his intention to from a new national
crime unit to tackle drug traffickers and other organised crime. It would be
composed of two sections. One would be concerned with intelligence gathering,
based on the existing NCIS supplemented by some M15 officers. The other unit,
with which it would closely cooperate, was the National Crime Squad (NCS).
This would be an operational unit, consisting of the regional crime squads
amalgamated into a national unit. These reforms were subsequently incorporated
into the 1997 Police Act.
55
The Security Service (M15) and serious crime

M15 was formed in 1909 to thwart the spying the spying activities conducted
in Britain by the nation’s enemies. It was primarily an intelligence-gathering
body. The end of the cold war resulted in M15 straying from its initial brief, and
in 1992 it was assigned the lead role in countering terrorism on mainland Britain.
Approximately one half of its resources were devoted to combating Northern
Irish terrorism (Rimington, 1994).
The IRA ceasefire necessitated the development of yet new areas of
responsibility, and the 1996 Security Service Act allocated M15 the responsibility
for dealing with ‘serious crime’ in addition to its existing functions. This
theoretically gave M15 a broad remit since remit ‘serious crime’ was defined
as an offence that carried a sentence of three years or more on first conviction,
or any offence involving conduct by a large number of persons in pursuit of a
common purpose. This raised the possibility of demarcation disputes (or ‘turf
wars’) arising between the police and M15, although the relatively small size of
M15 (which then had fewer than 2,000 staff) made it unlikely that this agency
would seek to usurp mainstream policing roles.
The role given to M15 Security Services Act was contentious. A former chief
constable, John Alderson, argued that it was fatal to involve M15 with ordinary
crime because of its lack of accountability. He stated that this organisation worked
by infiltrating organisations, jobs and lives, operating ‘almost like a cancer ...
destroying trust and security between people’. He accused the Home Secretary
of seeking to turn Britain into a police state, with M15 becoming an East German-
style Stasi Force with half the population spying on the other half (Alderson,
1996).
The police service was also concern was also concerned about this
development, in particular that M15 would became the lead agency in dealing
with matters such as drugs and organised crime, and become a de facto national
police organisation, the British equivalent of the American FBI (Federal Bureau of
Investigation). This led ACPO to view favorably the suggestion to set up a national
police squad to deal with serious crime, which would act as the operational arm
of the NCIS.
The Serious Organised Crime Agency

It has been argued that the social and economic costs of serious organised
crime, including the costs of combating it, are £20 billion (Bassett et al., 2009: 21).
The Labour government’s concern with the extent of organised crime was
evidenced by the formation, in September 2003, of a Cabinet Subcommittee on
Organised crime. It was tasked with advancing a national and international
56
strategy to combat crime and its initial role was to set the priorities towards which
the relevant law enforcement agencies should work (Home office, 2004a: 3). In
order to further pursue the campaign organised crime, the government enacted
the 2005 Serious Organised Crime and Police Act, which created a Serious
Organised Crime Agency (SOCA). SOCA is headed by a Director General and
its work is guide by a small board. The organisation is accountable to the Home
Secretary, who is responsible to Parliament for its performance.
The personnel of SOCA are not police officers, although they possess the
powers, responsibilities and roles associated with those employed within the
police service. The agency may also utilise a number of important powers with
which to tackle serious crime. These include compulsory powers (broadly similar
to those given to the Serious Fraud Office in the 1987 Criminal Justice Act) whereby
individuals are compelled (through the mechanism of a disclosure notice) to
cooperate with investigations by answering questions, providing information
or producing document (Owen et al,. 2005: 20-23). The 2005 legislation also
introduced statutory procedures to faster the more widespread use of ‘Queen’s
evidence’ to encourage defendants to testify against co-defendants.
The main advantage of SOCA was that it brought together under one
organisational roof a number of bodies that were concerned with combating
serious crime. These were the National Criminal Intelligence Service, the National
Crime Squad, the investigative and intelligence Service, the National Crime Squad,
the investigative and intelligence work performed by HM Customs and Excise
relation to serious drug trafficking and the recovery of criminal assets and the
responsibilities exercised by the Home Office for organised immigration crime.
This reform was designed to remedy existing defects that included overlapping
responsibilities in areas such as combating drug trafficking (Home Office, 2004a:
22). It was included that this new body would ‘lead to a greater consistency of
approach’ and provide ‘a critical mass in key skill areas, address current problems
of duplication and coordination, limit bureaucracy, provide opportunities for
economies of scale, and represent a “one stop” for our international partners’.
High-quality intelligence was argued to be of utmost importance in the fight
against organised crime, and SOCA was designed to address some of the key
weaknesses in the generation, dissemination and use of intelligence material’
(Home Office, 2004a: 29).
There were, however, difficulties associated with the government’s proposals.
Particular concern was voiced over the powers of the new agency. These included
the requirement to cooperate with investigations by answering questions, which
was viewed as a fundamental change in the relationship between the state its
citizens, who had historically enjoyed the right that they were not compelled to
cooperate with the authorities. It was also argued that this power was subject
57
to insufficient safeguards as to who could authorise these procedures, in what

circumstances they should be used and to whom they should apply (Justice, 2004:
4-5).
The police response to the post-1945 changing nature of crime (3):

Weaponry
Violence has become a major aspect of contemporary crime and a problem
faced by police officers performing routine duties. This has arisen from two
key developments: (1) changes affecting the context within which policing
operates (especially the decline in respect for those in positions authority and
the consequent problems faced by the police when seeking to impose their will);
and (2) the increased willingness of those engaged in crime to utilise violence to
pursue their criminal ends. Between 1 April 2007 and 31 March 2008 the number
of police operations in which firearms were authorised was 21, 181, an increase
of 17.5% on the previous year (although officers rarely need to fire their weapons
in such episodes) (Coaker, 2009). willingness of criminals to use violence has
resulted in a number of important developments affecting the weaponry and
equipment available to police officers.
One development arising from the increased use of violence has been the
introduction of tasers (sometimes, and perhaps erroneously, referred to as stun
guns). These are ‘an alternative to lethal force or used just below the point at
which you would deploy lethal force’ (Sprague, 2009). These were trilled in five
forces in April 2003 and in September 2004 the Home Secretary approved their
discretionary use by all chief officers. Authorised Firearms Officers (AFOs) deploy
them when a firearms authority had been granted in accordance with guidance
provided by ACPO (2003). Since 20 July 2007, AFOs in England and Wales have
been permitted to use teasers in operations or incidents where the use of firearms
had not been authorised but where they were facing violence or threats of violence
of a severity to warrant the use of force to protect themselves or the public. On 1
September 2007 trials were initiated into the use of tesers by police units which
were not AFOs when facing similar threats of violence (McNulty, 2007).
Lethal force
The actions of police officers are governed by the constraints imposed by
the 1967 Criminal Law Act. This legislation covers the use of reasonable force – a
police officer (or a member of the general public exercising the power of citizens’
arrest) is permitted to use only force that is reasonable in the circumstances in
self-defence or in the defence of another, to defend property, to prevent crime or
lawfully arrest an offender. The 1984 Police and Criminal Evidence Act (PACE)
also conferred on a police constable the authority to use reasonable force to
58
exercise the powers under that Act unless this power could be exercised only
with the consent of some person other than a police officer.
A particular problem arises with the use of lethal force by police officers,
especially when an innocent person is injured or killed. There have been several
examples of this. These include the killings by police officers of James Ashley in
1998, Harry Stanley and Roger Sylvester in 1999 and Jean Charles de Menezes in
2005. In the latter case it was openly admitted that the Metropolitan Police Service
(MPS) was operating a ‘shoot to kill’ policy with regard to terrorists. However,
there is a marked reluctance by the Crown Prosecution Service (CPS) to prosecute
officers whose use of force may be viewed as unreasonable or inappropriate and
in none of these cases was an officer prosecuted for criminal actions. The key
criteria used by the CPS in determining whether to prosecute a police officer
are whether the degree of force used was justified in the circumstances and
whether it was excessive in the circumstances. When force is used in connection
with preventing a crime or effecting an arrest, ‘necessity may not equate with
reasonableness’, and the nature and degree of force used, the seriousness of the
offence which is being prevented or in respect of which an arrest is being made,
and the nature and degree of force used against an officer by a person resisting
arrest must be considered (Crown Prosecution Service, 2008: 13-14). Although
police offices who are required to deal with armed criminals perhaps deserve the
benefit of the doubt when they make an honest mistake, the image of the police
suffers when it appears that officers are above the law and able to escape any
sanction for serious of judgment.
The police response to the post-1945 changing Nature of crime (4):

Technology
A number of technological developments have been pursued to enable the
police to combat crime and, in particular, to stay one step ahead of criminals.
The Police Science and Technology Strategy Group (created in 2002) became the
driver force behind developments of this nature, which are embraced within the
framework of a Police Science and Technology Strategy, the first of which was
published in 2003. The role this Group is ‘to ensure the police service is equipped
to exploit the opportunities in science and technology to deliver effective policing
as part of a mordern and respected criminal justice system’, in particular by
indentifying gaps between police requirements and existing capabilities (Home
Office, 2004b: 3-4).
Technology has a number of practical applications, which include crime
mapping, whereby information on criminal offences is linked to geographic data
to produce maps that identify ‘hot spots’ which then guide the deployment of
59
resources. Some of the key applications of technology in contemporary policing

are discussed below.
Storage and dissemination of crime information

The ability of police officers anywhere in the country to access certain basic
information from anywhere in the country, such as list of known criminals,
wanted or missing persons, stolen property and registered vehicles, was enhanced
by the introduction of Police National Computer (PNC) into police work in 1974
(the latest version of which entered service in 1991). Information stored on the
PNC was by an additional application called Phoenix, an intelligence information
system that provides the police with instant information regarding a suspect’s
criminal record, last known address, car details, accomplices and aliases, The PNC
stores around 97 million records on its databases. The nationwide availability
of the PNC required all police forces to information in a standardised fashion.
This was development by the Crime and Incident Reporting application of the
National Strategy for Police Information Systems launched in 1994.
The ability of the police to respond to major incidents involving criminal
activity in several parts of the country – and thus necessitating cooperation by
different police forces – was enhanced by the Home Office Large Major Enquiry
System. It enables actions taken by officers in one forces to be recorded and
accessed by colleagues working on the same investigation in another force.
HOLMES 2 enables incidents forces to be linked by cross-matching details of a
person, vehicle, address or telephone number in one investigation’s database
with details held in another. This capability has advanced police computer usage
from information storage and retrieval into the areas of crime investigation.
A number of national computer facilities have been developed to enable the
police to cope with serious crime. These include the Violent and Sex Offender
Register (ViSOR) and the National Video Identification Database. The National
Automated Fingerprint Identification System (NAFIS) initially provided the
police service with a national fingerprint database. This has since been replaced
by the National Automated Fingerprint Identification System (IDENTI). On
31October 2007, 7.3 million persons in England, Wales Scotland had Fingerprint
records stored on the national fingerprint system, IDENTI (Hillier, 2008a).
There are, nonetheless, weaknesses in the use made by police forces computer
technology. Officers may lack the training to use it to its optimum efficiency (a
shortcoming that affected the Stephen Lawrence murder investigation (Home
Office, 1999: para 14.5). The Bichard Inquiry (Bichard, 2004) that followed the
Soham murder drew particular attention to the deficiencies affecting information-
sharing within the police service. This gave rise to a number of developments
that included the IMPACT Nominal Index (INI). This enables individual police
60
forces to share information they have gathered locally. The INI provides pointers
as to the location where those looking for information can find it. It was intended
that INI would provide direct access to such material through the mechanism of
a Police National Database. However, problems with the nature of data stored
by individual forces have impeded the impeded the progress of this reform. An
additional problem is that forces remain ‘highly insular in their adoption of such
technology. The National Policing Improvement Agency has been given remit to
remedy such problems.
The National DNA Database

The application of technological advances to detecting crime has been
enhanced by the establishment in 1995 of the National DNA Database (NDNAD0
for the police. The custodian of this database is the National Policing Improvement
Agency (NPIA).
The 1994 Criminal Justice and Public Order Act amended PACE to allow
the collection of ‘DNA samples. ‘DNA samples’ refer to biological material either
taken from individuals of left at crime scenes. These samples are analysed to
produce code numbers (called ‘profiles’) that are stored on the National DNA
Database. Samples may be taken if a person is charged with, or is reported for
summons, or is convicted of a recordable offence. The samples, and the DNA
profiles that are obtained from them, are can be speculatively searched against
other samples and profiles held by, or on behalf of, the police.
If a person is not prosecuted, or is acquitted, the samples and profiles are to
be destroyed. The 2001 Criminal Justice and Police Act further amended PACE to
remove the requirement to destroy samples following an acquittal or prosecution,
although the samples thus retained can only be used for the purposes of preventing
and detecting crime, investigating an offence or conducting prosecution. The 2003
Criminal Justice Act Further amended PACE to allow the police to take DNA and
fingerprints without consent from anyone who is arrested for recordable offence
and who is subsequently detained in a police station (Hillier, 2008a). DNA is a key
weapon in the war against crimes that entail some from of physical contact between
the criminal and his or her target, and is a good defence against miscarriages of
justice arising from a person being found guilty of a crime that he or she did
not commit. The capabilities of DNA as a method of detecting crime have been
enhanced in the early years of the twenty-first century by the development by the
Forensic Science of ‘DNA boost’, which can help to distinguish between sample
taken from a surface that a number of people have touched or when only a small
DNA sample has been collected.
The availability of DNA sample has further benefits in solving old, serious
crime for which no person was apprehended at the time, but for which DNA
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samples existed and which are now capable of analysis. This process is referred
to as cold case review.
By 2000 there were 775,000 DNA samples in the database (Barnett, 2000). That
year the government announced that it intended to include the genetic fingerprint
of all arrested persons in this database, and these could then be matched against
evidence gathered from crimes whish remained unsolved. Around 3.7% of
the population are represented on the NDNAD and ‘a typical month has seen
suspects identified for 15 murders, 31 rapes and 770 car crimes’ (Flint, 2004: 1). It
was later estimated that on 31 October 2007 there were 4,188,033 persons whose
DNA profile was retained in the National DNA Database (which included the UK
other forces such as the Channel Islands). Of these, 4,165,300 consisted of samples
provided after arrest and 22,700 were voluntary samples. For England alone, the
fingures were 3,916,500 samples provided following arrest and 21,600 provided
voluntarily (Hillier, 2007).
However, although it is argued that DNA is more or less foolproof, it is not
completely infallible and may still result in innocent people being convicted.
Samples can be mixed up and, additionally, the decision as to whether a match
has been discovered is made by human beings whose can be subject to error.
There are civil liberties considerations that especially arise from the retention
on he NDAND of the DNA samples of those had either not been charged with
a crime or who had been acquitted by a court. The government was very keen
that these DNA samples should be retained. These numbered approximately
200,000 people, whose samples were collected between May 2001 and December
2005. It was stated that from these 200,000 records, around 8,500 were linked
with crime scene profile involving 14,00 offences including 114 murders, 116
repes and 68 sexual offences (Hiller, 2008b). However, in late 2008, the European
Court of Human Rights declared this practice to be in lawful and in response to
this judgment, the 2010 Crime Security Act established new time limits for the
retention of DNA samples.
National Ballistics Intelligence Service (NABIS)

This was set up in 2009 in response to the illegal possession and use of
firearms which are used to commit gun crime. It provides a national database of
all recovered firearms and ballistic material into the possession of the police. This
includes items such as rounds of ammunition, cartridge cases and projectiles.
The database further links these ballistics items to tactical intelligence recorded
by police force and other UK law enforcement agencies. NABIS also provides
a police-governed forensic capability to link firearms incidents. It can test fire,
analyse and link firearms and ballistic material to items submitted from other
incident across the UK. The role it performs is intelligence-based and evidential
62
material required as evidence in court is delivered by independent forensic

science providers (NAIBS, 2009).
Surveillance techniques
Crime may be prevented or detected by the use of surveillance devices.
Contemporary police work employs a wide range of these.
CCTV
Close-circuit television (CCTV) constitutes a form of mass surveillance and
may be used to monitor the activity of general public in the hope of deterring or
identifying those responsible for urban crime and disorder. Initially, the police
service was lukewarm towards the use of CCTV surveillance, regarding the need
to provide operators to monitor the cameras and staff to examine the tapes as
labour intensive (Good, 2004: 71). Subsequently, however, the service has accepted
that the availability of CCTV images ‘greatly assists in the investigation of crime
and disorder’ (House of Lords Select Committee on the Constitution, 2009: para
74). Such images have played an important role in the early identification and
subsequent prosecution of suspects in high-profile cases that have included the
IRA terrorist campaign in the 1990s, the Brixton nail bomber and the July 2005
terrorist attacks in London (Gerrard et al., 2007: 7).
Around £500 million of public money has been invested in CCTV in the
decade up to 2006 and it is estimated that there are around 4 million CCTV
cameras in the UK (House of Lords Select Committee on the Constitution, 2009:
para 70). One estimate suggested that an individual in Great Britain going about
their everyday life might be photographed by up to 300 cameras on 30 different
systems (Norris and Armstrong, 1999: 42).
The main legislation that regulates the use of CCTV in public spaces (most of
which is owned by local authorities) is the 1998 Data Protection Act. Additionally,
operator monitoring public spaces are required to possess a licence from the
security industry. The spread of the use of CCTV has its critics. It has been alleged
that it ‘poses a significant threat to personal privacy and individual freedom’
and undermines the ‘value of privacy as a public good’ (cited in House of Lord
Select Committee on the Constitution, 2009: para 100 and 102). Nor has there been
adequate research conducted into the impact of CCTV on the investigation of
crime (House of Lords Select Committee on the Constitution, 2009: para 80).
Automated Number Plate Recognition (ANPR)

ANPR was invested in 1976 by the police Scientific Development Branch.
It operates through a camera (which may be an existing CCTV or road0rule
63
enforcement camera) and optical recognition software in order to read vehicle

number plates. Its rational was to deny criminals the use of the road. It enables
the police to gather data and track the movement of targets that include organised
criminal gangs and terrorist suspects. It can cross-check the car number plates
that it has read against stolen or suspected vehicles on the PNC’s databases.
Officers who use technical equipment such as number plate recognition are
able to make a significantly higher number of arrests than those who do not use
it. The problems with this technology include the quality of images and also the
civil liberties issues arising from the police monitoring of innocent members of
the public.
Communication applications
Technology may aid the process of communication both between the forces
that comprise the police service and between the service and other criminal
justice agencies. A key recent technological development is called Airwave. This
is a digital police radio communications service that provides improved mobile
data provision that enables the speedier deployment of officers to incidents and
the quicker relay of information regarding events. It is used by all police force in
the UK, thus enabling them to communicate by radio, telephone or text messages.
It became fully operational throughout England and Wales in 2006, replacing
the existing analogue radio systems. The Airwave radio network is an example
of a technology that was centrally procured and implemented across all forces,
allowing for consistent standards, economies of scale and operational efficiency
(Home Affaires Committee, 2008: para 201).
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Bassett, D., Haldenby, A., Thraves, L.and Truss, E. 2009. A New Force. London: Reform.
Bichard, Sir M. 2004. The Bichard Inquiry Report. House of Commons Paper 653. London:
TSO.
Carrabine, E., laganski, P., Lee, M., Plummer, K. and South, N. 2004. Criminogy: A
Sociological Introdution. London: Routledge.
Coaker, V. 2009. Speech in the House of Commons, 2 March, HC Debs, Vol 488, Col 41-
42WS.
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Cowan, R. and Hyder, K. 2005. ‘Met Targets Gangs’ Grip on minorities’, The Guardian, 25
March.
Crown Prosecution Service 2008. Allegations of Criminal Offences against the Police.
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66
Expected Research Contribution in Internal

Security in India
Dr. Mridul Srivastava1
This is the high time to work on the issue of internal security. The newly
elected BJP government has also taken a positive approach in solving the
fundamental problems and our Prime Minister Sri Narendra Modi also cleared
to work on the issue of internal security. As we all know that the present
government got the people's mandate on the issue of development and Hon'ble
prime minister is very much clear that without maintaining peace inside there
will be no economic growth and if there is no economic growth, no development
can take place. No industrialist/business house prefers to set their industries or
venture in problem/disturbed areas. Growth has many dimensions. If there is no
industries or institution there will be less employability, when less employability
then it will affect the education of the people, when education is poor, people are
compelled to migrate and if people will migrate from their original place of living
then the burden comes to the few selected cities and when burden comes on the
few selected cities it's development hampers.
In short, if we are not able to tackle the problem of internal security then
we are inviting the problem of development disorders. The creation of separate
department on internal security must be welcomed as it is not only a security
issue but much more things are involved in the matter of internal security. The
issue of internal security was always very complex, challenging, typical, difficult
and an obstruct to development. Particularly in Indian context, we see that on
one hand, India is doing very well in economic and technological progress and
thriving in the race of becoming super power and proving its worth to the rest of
the world but on the other hand, the internal disturbance in almost all the states
are hampering the pace of the development. The gap between the successful and
unsuccessful, rich and poor, have and have not's is increasing day by day. The
blame cannot be passed to the persons/leaders fighting with separatists ideology
only but the fault lies in the state driven mechanism, its approach and upto some
extents citizens are also responsible for such failures. The gulf between rich and
poor is too big in the states where the problem of naxalism is existing.
Assistant Registrar & Faculty in Criminology, Dr. Ram Manohar Lohiya National Law
1
University, Lucknow
67
Communal violence is another threat to internal security. Every month

somewhere or elsewhere the incidents of mob violence, naxalist attacks, communal
violence resulting deaths of many citizens, naxals and the security forces can be
witnessed. If we go in depth to identify the real problem or starting point of the
violence and analyse it minutely then we can find that the issue was very petty
and which can be easily solved at the beginning but few persons in order to take
mileage in politics and power divert the issue in such a wrong direction, which
thereby results into the deaths of many persons including innocent citizens.
Britishers ruled India on the divide and rule policy for 200 years and now after
the independence, again some people are using this policy by adopting a policy
of internal disturbances for their own benefits. There are many other challenges
which affects the national security altogether like economic and financial crisis,
terrorism, poverty, organized crime, corruption, petty crimes, illegal immigration,
natural disasters, environmental issues/climate change, cyber crime, nuclear
disasters, religious extremism, civil wars etc.
The worst part in maintaining internal security is that we have to fight
against our own people. If they will be able to use their potential for the national
development then the picture would be quite different and no other country or
outsider would dare to attack on us. While dealing the problem of the internal
security forcibly only then there is one threat that because enemies are not known
and identified many times poor citizens become victim or loose their life because
of the police/para- military actions.
The general public residing in the disturbed area is so vulnerable and have
to suffer from both side. If they don't listen or give shelter or help the naxals/
separarists/extremists then they kill them and if they listen or help the naxals/
separarists/extremists they are tortured by the police and para military forces. In
their own country, they are not able to live in peace.
Some efforts have been started by some governments by initiating special
schemes in the affected areas, by providing special development packages in
those areas but actual results are not coming. In my view unless and until the local
community is not supporting and ready to come in the main stream the problem of
internal security cannot be resolved. Education, awareness, employability, access
to basic facilities, economic growth and skill development are some methods for
giving the opportunity to the citizens of the affected area to come into the main
stream. Whereever it is necessary to use force the force must be used but with a
clear cut message in the masses that the police and government functionaries is
doing all this for their protection and development. All the government machinery
has to devise a workable mechanism and coordinate with each other in the matter
of policies and action.
68
India because of its geographical structure becomes more vulnerable for the
cross border activities which disturb the internal security. Jammu and Kashmir
problem is the most severe problem for any government and under such
disturbed environment only the common person suffers. Pushing the funds and
mere policies cannot bring any substantial changes in the area of internal security
unless it is supported and accepted by the community. KPMG a consultancy firm
explains the following areas for intervention for improving the situation:
1. Terrorism/Naxal Management
2. Critical Infrastructure Protection
3. Border Security
4. Maritime Security
5. Police Modernization
6. City Surveillance
7. Intelligence and Cyber Security
All this goals of peace can be achieved by strengthening all the four major
stakeholders like naxals/separarists, police and para military forces, Non
government organizations and the community. Few are some research areas
which can be helpful in understanding the problem of internal security in India:
1. Factors Contributing to Naxalism and other terrorist activities in the country
and the gap areas between their ideology and government policy.
2. Capacity building and awareness of the community residing in problem
areas.
3. Role of different organizations/departments in the development of the
affected areas.
4. Ensuring economic growth, infrastructure development and role of
communities in the affected areas
5. Enhancement of public private partnership with the government support in
the affected areas.
6. Bringing the naxals/separarists back into the main stream of the society.
7. Programmes needed for building communal harmony
8. Careful selection of officers and bureaucrats in the affected areas
9. Role of religious organizations in maintain peace in the problem areas.
69
10. Impact assessment of the health schemes, skill development schemes,

education schemes, employment schemes on the general affected population
of the problem areas.
11. Measures to break the nexus of underworld, terrorist groups, politicians and
bureaucrats in maintaining peace in affected areas.
12. Critical analysis of the issues related to the problem areas which are sharing
the common boundaries of the neighbouring countries.
13. Legal drawbacks in the trial process and enactment of new legislation keeping
in view the socio-economic and political milieu of the country.
14. Governance issues hampering the development of the disturbed areas
15. Identification of reasons of weak intelligence and unacceptability of security
forces like local police, State armed police and central police forces.
16. Human rights issues of the affected population of the disturbed area.
17. Coordination Challenges between State police forces and central police forces.
18. Community participation in combating naxalism and other internal security
problem.
19. Socio-political interventions for the development of affected areas.
Above are few certain areas where some serious research can be undertaken
and I believe that any government whether central or state would be happy to
do some field based research and implementation so that the problem of internal
security can be eradicated from its roots.
Rosy & Nidhi (2014) concludes that anything can become a threat to national
security anytime. any economic issue, any social issue, any political issue or any
health issue etc can pose the situation of unrest in any state or community. Till
now the issue of internal security has been treated on the crisis management
basis but no long term comprehensive plan alongwith addressing of all the issue
legal, social, political, economic etc have not been taken simultaneously. Lack of
centralized control is also a major factor of non performance and that leads to no
clear cut responsibility and accountability. Many areas like over population, good
governance, economic development, good intelligence, community policing,
cooperation, public support and public education, police training centres, research
and development centres, synergy between the private security agencies and the
government etc has to be taken care of and wherever the demand of strengthing
the system is required the government must do something on priority basis.
70
References
KPMG 2013. "Emerging dynamics and challenges of internal security in India" pp 4
Rosy Tripathi & Nidhi Singh 2014. "Need for reform in the Internal Security of India"
(www.upscportal.com/civilservices/study-kit/ips-lce/national-security/need-for-
reform-internal-security-of-India) accessed on 27.5.2014
71
Effect of Locus of Control and Gender

on Risk Taking
Madheshiya S1 and Dangwal P2
Abstract
Adolescents are known for risk-taking, novelty seeking, reckless behaviour and
impulsivity. Engaging in adrenaline-producing sports like skydiving or mountaineering
on one hand is exhilarating but not harmful. A different form of risk taking would include
misuse of alcohol or drugs, engaging in unprotected sexual activity or some type of
criminal activity.The present research focuses on the first setof risk taking and studies the
effect of gender and locus of control on the risk taking. The research was conducted on late
adolescent male and female students pursuing undergraduate program in a professional
college in Gorakhpur,U.P. The research follows a 2x2 factorial design with gender and
locus of control as the two classificatory variables. Data analysis consisted of mean, SD,
analysis of variance and correlation. The obtained result showed that locus of control has
significant effect on the degree of risk taking exhibited by late adolescents. Male adolescents
exhibit significantly higher risk taking than female adolescents. The present study adds to
the literature on risk taking especially amongst late adolescents. The main contribution of
the research is that it explores positive risk taking in late adolescents rather than focusing
on the negative, harmful risk taking. The risk taking present in adolescents can be used for
engaging them in building positive behaviour.
Introduction
Adolescents take risks to test and define themselves. Risk-taking is both
beneficial and harmful. It can lead to situations where new skills are learned and
new experiences can prepare them for future challenges. Risk-taking serves as a
means for discovery about oneself, others and the larger world. The natural and
normative proclivity for risk-taking plays a central role in adolescent development,
making it a time of both great potential and great vulnerability.
Risk behaviour that begins in adolescence may be continued in adulthood
(Maggs et al. 1995). Also, the presence of risk-taking behaviours tends to co-
occur. For example, several studies have shown the co-occurrence of substance
use and sexual activity (Shrier et al. 1996), or substance use and violence (Dukarm
Shikha Madheshiya, M.Phil Scholar, Amity Institute of Behavioural & Allied Sciences,
1
AUUP, Lucknow, U.P, India.

Dr.Pragyan Dangwal, Associate Professor, AIBAS, Amity University Uttar Pradesh,
2
Lucknow, U.P India
72
et al. 1996), or substance use and participating in sexual intercourse, sociality,

and violent behaviour (Flisher et al. 2000). The presence of certain risk-taking
behaviour in adolescence tends to predict other risk behaviour in young adulthood
( Guo et al.,2002).
Risk-taking has been defined as `behaviour which involves potential
negative consequences (loss) but is balanced in some way by perceived positive
consequences (gain)' (Moore & Gullone 1996).
Thus, the behaviour is perceived to be less risky if the positive outweighs
the negative consequences, whereas the behaviour is regarded as extremely risky
when the negative outweighs the positive consequences. This definition includes
not only maladaptive risk-taking behaviour (e.g., drug use), but also socially
approved risk behaviours (e.g., participating in dangerous sport). Because
risk-taking behaviour generally poses risk to an individual or society (Maggs
et al. 1995), it has been a focus of scientific research. In general, involvement
in high-risk activities has been positively associated with personality factors,
such as social maladjustment, and with perceived benefit of risk (Lavery, Siegel,
Cousins, & Rubovits, 1993). Researchers reported that persons who engaged in
high-risk behaviours had higher scores on affiliation, desirability, dominance,
exhibition, and self-esteem variables and they exhibited significantly higher
sexual risk, smoking risk, driver and passenger risk, venture sameness, and
impulsiveness (Jackson, 1984; Moore & Rosenthal, 1993).
Experiences and where synergy between multiple settings can be established
– the more likely it is that they will develop, positively. Therefore, physical and
institutional resources present in the social environment for example, family
support are just as essential for promoting Positive youth development as are
individual assets such as skills, talents, self-esteem and Resiliency. These resources
provide adolescents with routines and structure, as well as Opportunities for
learning, recreation, and engagement with individuals and their Communities.
Risk-taking in adolescence can serve many purposes. It can help adolescents
get approval and respect from peers, create autonomy from parents, establish an
identity, cope with anxiety and frustration, learn to make independent decisions,
achieve intimacy, and gain self-esteem (Igra & Irwin, 1996; Millstein & Igra, 1995;
Muuss & Porton, 1998).
Ponton (1997) believes that viewing risk-taking as normal is problematic as
many people have “blurred the lines” between acceptable risk-taking behaviour
and dangerous risk taking behaviour. Irwin & Millstein (1986) claim that risk
taking is normal only on occasion, but at other times it can be very devastating.
Muuss & Porton (1998) agree, claiming that risk-taking is “problematic only when
it results in tragic outcomes”
73
Late adolescence encompasses the latter part of the teenage years, broadly
between the ages of 15 and 19. The major physical changes have usually occurred
by now, although the body is still developing. The brain continues to develop and
reorganize itself, and the capacity for analytical and reflective thought is greatly
enhanced. Peer-group opinions still tend to be important at the outset, but their
hold diminishes as adolescents gain more clarity and confidence in their own
identity and opinions.
Although it can be stressful for parents, adolescence and risk-taking go hand
in hand. This is because teenagers need to explore their own limits and abilities,
as well as the boundaries you set. It’s part of their path to becoming independent
young adults. Also, the parts of the teenage brain responsible for impulse control
don’t fully mature until about age 25. This means teenagers are more likely to
make impulsive, emotional decisions without thinking through the consequences.
All individuals are not equally prepared to take risks. Sexual selection theory
predicts that males will tend to behave in ways that are more risky than females.
Locus of control, a construct related to attribution, examines people’s
control beliefs-to what extent they perceive they are in control or not in control
of what happens to them (Daum & Wiebe, 2003).The belief that the adolescent
has about the control he or she has over the outcomes in their lives thus plays
a very important role in the kind and the extent of behaviour which they will
choose to engage in. The belief will also help them in stopping an undesirable
behaviour. Adolescent with an external locus of control would naturally feel not
in control of situations that they are surrounded by and thereby totally give into
the demands of the situation without realising the risks it involves.On the other
hand it is assumed that those with internal locus of control will have a better
control over themselves and therefore in a more advantageous position not to
get involved in risk taking behaviour.Locus of control has often been cited as
theoretical predictor of risk taking behaviour. External locus of control has been
implicated in substance abuse (Baumrind, 1987; Dielman, Campanelli, Shope and
Butchart 1987). Thus there is need to study correlation between locus of control
and risk taking behaviour among adolescents.
Method
The study explores risk taking and locus of control in late adolescents ;
find out if their exists any gender differences in Locus Of Control and Risk
Taking Behavior amongst late adolescent and if there were any main effects and
interaction effects of locus of control and gender on risk taking behavior. It was
hypothesized Male and Female Adolescent will differ in Risk Taking Behavior;
that Locus of Control would significantly effect Risk Taking Behavior and there
exists a significant relationship between Risk Taking and Locus of control. The
74
present research follows a 2x2 factorial design with gender and locus of control
as the two classification variables. Each of these variables is divided into two
levels. The gender variable is divided into two levels A1 (male) and A2 (female).
The locus of control is divided into B1(internal locus of control) B2(external locus
of control). The sample constituted of 164 Adolescent’s graduates. The sample
consisted of both male and female adolescents in the age group of 17-19years.
To measure risk taking the Risk Taking Questionnaire(RTQ) by Sinha
and Arora (1982), Reliability be .785 p>.01, was used. It measures the extent of
risk taken by a particular individual in his personal as well as in his social life.
The questionnaire consist of a total of 40 items with a 5 point rating scale. The
respondent has to assign a response score of 5 for very much, 4 for much, 3 for
moderate, 2 for less and 1 for very less. The sum of the scores in all the eight areas
gives the total extent of risk- tendency in the respondent. The maximum possible
scre ranges from 200 to a minimum score of 40. Locus of control is measured
by Internal-External locus of control scale constructed by Rotter,J. R. (1966).The
scale consists of a total number of 40 items. The respondent has to choose one out
of the two statements from each pair. Scoring is done from the key. The scores
range from 1 to 23. The total score indicates the degree to which the respondents
view the control as external or internal. A high score indicates External Locus of
Control (scores between12-23) and internal locus of control (scores between1-11)
indicates Internal Locus of Control .The scale has a good internal reliability of the
I-E scale was .61.
Data collection took place from college of ITM Gida, Gorakhpur. Data was
collected through face to face interview and supplemented with a structured
questionnaire at the respondent’s place of study. In all, data from 164 respondent
82 males and 82 females. Fro analysis of the data Mean, SD, t testing, 2x2 ANOVA
and correlation were used.
Result
Risk Taking: The risk taking behaviour scores represent the amount of risk
taking exhibited by adolescents.
4.1 Mean Table for Risk Taking Behaviour

Combined
Gender N Mean Sd Deviation t
mean
Male 82 142.27 20.58
Female 82 129.79 136.03 28.67 3.2**
**Significant at 0.01 level
75
As clear from table 4.1, the calculated t value between means of risk taking
behaviour for male and female adolescent at significant 0.01 level.
Figure 1: Means of Risk Taking Behaviour
Analysis of Variance 2x2 ANOVA was done to assess if there are any
significant influences due to gender and locus on risk taking.
Table 4.4 mean of risk taking behaviour scores are presented cross clarified by
gender (A1-male, A2- female)and locus of control(B1-internal,B2- external).
3.4 A: Mean cross clarified by gender, locus of control and Risk Taking
Behaviour
Internal External Over all Mean

Male 140.27 143.91 284.18
Female 131.21 125.96 257.17
Over all
271.48 269.87 541.35
Mean
The overall mean of risk taking behaviour of B1 (internal locus of control)is

271.48 and over all mean of B2(external locus of control)is 269.87. These means
76
suggest that adolescent with internal locus of control exhibit greater risk taking
behaviour than those with external locus of control. Thus it can be said that there
is variation in the amount of risk taking behaviour exhibited by adolescents
because of the difference in their locus of control.
3.4 B: Summary ANOVA
Source of variation Ss df MS F
A(Gender) 0.02 1 0.02 0.003
B(LOC) 856.02 1 856.02 165.89**
AxB 18.65 1 18.65 3.61
Within group(error) 824.92 160 5.16 -
** Significant at .01 level
As clear from table 4.4(B) the main effect of variable (locus of control) is
significant at 0.01 levels. F (165.89<.01)
The main effect of gender is not significant so any variation in their means
may be said to exist due to chance factors.
The interaction effect of gender and locus of control are not significant.
Discussion Risk taking is natural but a considerable amount stems from
proactive or reactive motivation. Some developmental theorists argue that, for the
majority of adolescents, risk taking is a manifestation of natural exploration and
movement toward greater autonomy; others see it as a reactive response when
exploration and efforts toward greater independence are curtailed. The degree to
which adolescents involve in risk-taking behaviour can also be mediated by other
factors such as demographic characteristics of adolescents. Research consistently
highlights that males are more likely to involve in risk-taking behaviours
(Marquis, 1998; Small, Silverberg & Kerns, 1993; Jessor et al., 2003; Alexander,
Somerfield, Ensminger, Kim & Johnson, 1995). Similarly, age is another crucial
factor in explaining risk-taking, and has been commonly linked with adolescents’
risk-taking. Logically, experiences of variety of risk-taking behaviours rise along
with the increasing age in this period. Studies have confirmed this idea (Bell,
Schoenrock & O’Neal, 2000; Turner & McClure, 2003). In other words, older
adolescents tend to perceive risky behaviour as less risky, and more frequently
involved in these behaviours (Essau, 2004; Small, Silverberg & Kerns, 1993).
However the present research findings indicate only moderate level of risk taking
amongst the late adolescents.By the time the adolescent has reached the late
adolescent stage the urge for taking up risk behaviour has mellowed down, they
77
have become more focused towards their future life and therefore do not involve
themselves in too many activities involving risk.
The gender difference by many studies has been attributed to the biological
causes yet most of the explanation for sex differences in researches involves
psychological or sociological phenomenon. Results indicate that there is a
significant difference among the risk taking behaviour of male and female. Males
are more risk takers than females. This result is consistent with previous studies.
Numerous researches have discussed ways in which male and female stereotypes
influence child development even before birth (Hudson and Jacot, 1991). A
process of gender stereotyping, begun early in life, continues through childhood
(Strong and DeVault, 1986; Oakley, 1972).
Risk-taking, is an integral part of ‘gendered performances’ whereby
people, at an early age, learn to value and adopt socially approved behaviours
(Lupton,1999).
Studies of gender differences in risk taking and antisocial behaviour suggest
that male and female adolescents respond differently to situational stressors. Girls
may have different ways of externalizing their response to stress and anxiety in
terms of antisocial and risk behaviour. When we look at our society, girls prefer
indoor activities but boys prefer outdoor activities. Outdoor activities include
more risk than indoor activities. Therefore, generally, males may show higher
risk taking behaviour than females. The socialization environment may determine
gender differences according to risk taking behaviour. In cultures characterized
by broad socialization, individualism and independence are promoted, and there
is relatively less restrictiveness on the various dimensions of socialization. This
leads to higher rates of risk taking. Cultures characterized by narrow socialization
individuals consider obedience and conformity to the standards and expectations
of the community to be paramount and punish physically or socially any
deviation from the norm. This leads to lower rates of risk taking. In the cultures
characterized by narrow socialization, traditional gender roles are prevalence.
Thus girls attend more indoor activities than outdoor activities. The findings of
the present research support the hypothesis that “male and female adolescents
will differ in risk taking behaviour”. Males exhibit far more risk taking behaviour
than females. In India, traditional gender roles are still prevalent. Thus girls make
lower attempts related to life area as compared with boys on adolescence. Boys
are supported to be more independent and free, unlike girls who are supported
to be dependent. Consequently, girls show lower risk taking behaviour than
boys. Risk taking behaviour is also less in female because they have feeling fear
of unknown and damages, satisfaction from life, societal norms, and family
pressure and so on. Considerable evidence that males are more risk taking than
females motivated the present research to study this disparity in the light of the
78
fact that enormous development and changes in the society would definitely have
lead to changes in the gender disparity related to risk taking behaviour. Contrary
to expectations, the gender divide still exists and can been seen in the risk taking
behaviour of males and females.
Results indicate that main effect of locus of control is significant at .01
levels and the main effect of gender along with the interaction effect of locus of
control and gender is not significant. The hypothesis “there will be a significant
interaction effect of gender, locus of control on risk taking behavior” is rejected.
No significant interaction effect between gender and locus of control was found.
In other words, adolescents who had an external locus of control may be
more likely to engage in risk-taking behaviours. Given that findings about locus
of control in adolescent risk-taking research are contradictory, this finding
presented in this study. It appears in the literature that the role of locus of control
in adolescent risk-taking is not conclusive (Rolison & Scherman, 2003; Rolison,
2002). In their study, Rolison and Scherman (2003) and Rolison (2002) found
that locus of control was not related to adolescent risk-taking behaviour while
Werner (1986) suggested that protective factors against risk-taking include an
orientation to internal locus of control. Moreover, according to Jessor and Jessor’s
(1977) Problem Behaviour Theory, one of the personality components against the
risk-taking is internal locus of control. In other words, internal locus of control
is a protective factor against the adolescent risk-taking behaviour. The findings
of the present study are contrary to some of the existing literature. During the
course of review of literature not many studies were found examining the role
of locus of control among adolescents’ risk taking behaviour. For this reason,
the findings of the present study can only be discussed considering social and
cultural characteristics of people. Finding of the present study suggests that
majority of the adolescents have an internal locus of control. In the Indian
culture and specially with adolescents, risk taking behaviour in terms of positive
behaviours, for example engaging in adventure sports, exploring expeditions
etc, are encouraged and more than often it is drilled in the adolescent mind that
the adolescent is not so capable and so responsible to be allowed such activities.
Hence any involvement in risk taking is due to self motivation. Therefore the
adolescent would hold himself or herself more responsible for their risk taking
behaviour. However, due to the low accounted variance and absence of enough
literature specific to Indian late adolescents, this interpretation would need
careful further investigation.
Main summed up indicate that locus of control has significant effect on
the degree of risk taking exhibited by late adolescents. Late adolescents exhibit
a moderate level of risk taking. Late adolescents with internal locus of control
exhibit greater risk taking than adolescents with external locus of control. This
79
is a finding inconsistent with the expectations. It was also found that female
adolescents have an internal locus of control while male adolescents have an
external locus of control. People who have internal locus of control feel responsible
for the outcomes they get in their lives.
Male and female adolescents differ in risk taking behaviour. Male adolescents
exhibit significantly higher risk taking behaviour than female adolescents. The
finding was consistent with the expectations.
Life is an ocean of risks and hassles. Proper insight and judgment may lead
to ultimate happiness and success. Whereas risk directed in a negative way may
lead to a journey towards drudgery and death. Just as life is essential, so are risks.
So the crying need of the hour is to canalize risks in a positive way so that the
adolescents can reach their destined yet dream destinations.
While there is a tendency to view risk-taking during adolescence in a negative
light, it is actually an important part of development. Others have discussed
the importance of distinguishing between negative risk-taking behaviours
and 'exploratory behaviours’ or constructive risk taking, which would include
acts associated with positive consequences (Irwin, 1987; Irwin and Vaughan,
1988). It seems important to find positive ways for adolescents to engage in
risk-taking such as through sports, arts and wilderness exploration, providing
positive experiences for young people instead of solely placing the emphasis on
education as to the dangers of these behaviours. Approaches emphasizing youth
development (Pittman and Cahill, 1991; MacDonald et at, 1994) may be effective
in the prevention of health-compromising behaviours in that they provide venues
for young people to engage in positive exploratory behaviours.
The incidental group of male and female respondents from one college makes
the sample a less representative sample of the population. Also an incidental
sample requires extreme circumspection in analysis and interpretation. Also the
study could have incorporated more independent variables, other than those
used which could have added value to the study.
The main contribution of the research is that it explores the positive risk
taking behaviour amongst late adolescents rather than focusing on the negative,
harmful risk taking behaviour. Research literature is replete with studies dealing
with risk taking and drugs, addiction, sexual activities, smoking, alcoholism,
personality, mental health etc. Very few studies, like the present study are devoted
to understanding risk taking involving non harmful activities.
An attempt has been made to finding out the prevalence of positive risk
taking behaviour amongst adolescents and analysing it with respect to the
adolescents self esteem and locus of control; two important factors in guiding
and controlling risk behaviour. This is the first step taken by the researcher in this
80
direction attempting to engage in deliberations as to why the focus today is more

on risk taking behaviour which is detrimental on the adolescent mental, physical
and social health, and not on risk taking behaviour facilitative to better mental
health?
The understanding of and information on the adolescent risk taking
behaviour vis-a-vis their self esteem and locus of control will also be useful
for those planning and developing adolescent development programs and for
counselling of adolescents.
Risk taking has many beneficial outcomes which need to be explored and
incorporated in daily life. Further research is needed to develop models to
enhance the positive aspects of risk taking behaviour amongst adolescents so as
to keep them away from trouble and channelize the risk taking tendencies into
achievements and building a healthy life style. More research is warranted in the
direction of understanding the difference in risk taking behaviour of a variety of
adolescent groups. A comparative study between the two aspects of risk taking
behaviour would further add to the knowledge bank.
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83
The Need and Importance of Electoral Reform:

A Strengthening Approach to Indian Democracy
Nitish Kumar Soni1 and Rashmi Yadav2
The paper focuses on need and importance of electoral reform highlighting the
darken areas call for attention in this perspective. Drawing upon various electoral reform
committee report and law commission report on reform of electoral laws it elucidates
effective tools and techniques on some pertinent issues to enhance the quality and operate
a fair and transparent electoral system. Mere conducting of elections periodically doesn’t
prove that we are republic and have an effective democracy. At the time of election it
is often observed that the different constituencies are reorganized in order to suit the
interests of the party in power. There have been long drawn debates on various aspects
of electoral reforms. It is the way elections are held, the quality of people elected, their
performances that make our democracy effective...
"The true democrat is he who with purely nonviolent means defends his
liberty and, therefore, his country’s and ultimately that of the whole of mankind"..
....Mahatma Gandhi
India is the largest democracy in the world. Since independence there have
been Lok Sabha and a number of elections have been held to the State Assemblies.
Elections are supervised and controlled by the Election Commission of India.
But there are many evils and distortions in the process of election and they need
immediate medication.
Due to lack of political consensus a wide bundle of reforms has been pending.
Majority of the nations and their governments strive for the development and
welfare of its people. In a democratic setup such as ours, It is our politicians-
the representatives- the law makers, and the people who lay foundation for the
development. And it is the Election Commission which is vested under Article
324 of Indian Constitution with the obligation of conducting fair and transparent
elections throughout the country. By this we could understand the importance
of electoral system in our society as well as in our development in the country
at large. In current scenario, the widespread disillusion and corruption in our
political system is well visible. The poverty, unemployment, illiteracy levels
indicate the inefficiency of our political system as well. Even after 65 years of
our independence, our people suffer from lack of basic amenities in life. This
1
Research Scholar, Department of Sociology, University of Lucknow, Lucknow.
2
Research Scholar, JJT University, Jhunjhunu, Rajasthan
84
is horrendous! We can’t put the entire blame for current state of affairs on our
political system because it is not functioning in vacuum. The society is also a
share holder in the blame. The behavior of our political system is its response to
the society and to reform our political system, we need to reform society and its
subsystems from grassroots' level. This is where electoral reform becomes most
essential.
It was imperative to usher in electoral reforms to maintain the country’s
secular and democratic characteristics. Education, women’s empowerment
and focus on ethical and social values should be at the core of the reforms.
After independence we have been conducting our elections very well which
is a good sign of democracy, but we need to keep the elements of money and
muscle out to interrupt the system. To maintain the secular fabric of the world’s
largest democracy different stakeholders needed to work with a deep sense of
responsibility to see that our democracy remained “clean and healthy.”
Several times there has been made many changes from time to time in our
electoral system, yet no significant and substantial reforms could be generated.
Dinesh Goswami Committee report on Electoral Reforms (1990), Indrajit Gupta
Committee on State Funding of Elections (1998), Law Commission’s Report on
Reform of the Electoral Laws (1999), NCRWC (National Commission to Review
the Working of the Constitution) went unproductive without implementation. It
is good time, The Representation of People Act (RPA), 1951 needs to be amended
to bring the country under the able hands.
Let us go through some of the issues which form a strong basis for the
electoral reforms in India:
v The party candidates do not unveil all the cases of conviction and pending
charges against them. They reveal false and incomplete information regarding
their assets, income and educational qualifications. People have the right to
know whom they are voting for, is he a genuine candidate enough to be
elected, can he be an efficient and visionary leader to lead the society. RPA
needs be amended to include all the items in affidavit and making false
declarations in connection with election to be an offence.
v During elections it has been often observed that some of the non serious
candidates file nomination only with an intention to disturb the election
process. This creates unnecessary huge expenditure, stress, difficulty in
maintenance of law and order problems. As per recent amendments in
electoral system a candidate can contest from at most from two constituencies.
But many times it has been observed that in some cases candidate wins both,
he selects any one and leading to unnecessary expenditure. The security
deposit has to be augmented to discourage non serious candidates.
85
v Criminalization of politics is the gravest defect which is ruining the

transparency of the system. A candidate becomes champion by the muscle
and money power rather than his works, behavior or ideals. They take the
help of big industrialists and criminals to win the election. In return they bias
their power to sustain these anti-social elements which adversely affect to
our system and society as well. Now the criminals themselves are entering
in politics and many times they finally win the election. The Law Breakers
become the Law Makers! The long pendency in cases in our judicial system
has increased corruption in public life also. People are loosing their beliefs
in justice which impulse an adverse effect to the society. So early disposal of
cases is necessary against the corrupt politicians to crave a way for honest,
sincere and commendable candidates in the politics.
v The candidates who are accused of serious criminal charges and where the
court is prima facie satisfied about his involvement in crime should made
ineligible from electoral arena. Transparency in public sector improves
transparency in elections. Therefore, the contesting candidates must disclose
about his asset, accountability, convictions and pending cases against him.
v The auditing and maintenance of accounts by political parties is not fully clear.
The election expenses gained by political parties, friends and supporters of
the party will not be counted as election expenses of the candidate of the
party as per sub section 1 of section 77 of Representation of People Act, 1951.
This section in the opinion of the SC has removed even the “fig leaf to hide the
reality” of the impact of black money on the outcome of elections. There are
some cases, when the Government functionaries resign and stand in politics
and gain votes based on their service as public servants. A good civil servant
may not be guaranteed to be a good politician. Sub section 1 of section 77
of RPA needs to be immediately amended. The rules must be made to keep
the officials out of reach of active politics not less than five years of their
retirement. No party must give ticket to a candidate unless he has served
under the party for at least two years or the period should be enhanced. This
will check politics from becoming a business for the few.
v Exit polls and opinion polls will have impact on result of elections mainly
when elections are held in several phases. The Government sponsored
advertisements where the expenditure is incurred from public exchequer in
favor of ruling party is injustice with the people. When the elections near,
the ruling party often announces remissions to certain class or specific
community to impress voters at the cost of tax payers money, it brings a
sense of agitations among the people of other class and community resulting
law and order problem. Political pronouncements lead to lots of confusion
among the people. The parties blame each other for failures and make various
86
promises to the public. Suitable restrictions must be imposed on publication

of opinion polls. Advertisements of achievements of Government in any
manner must be banned for at least six months prior to elections or from
date of dissolution of the House. Suitable monitoring mechanism must
be provided by the Government by amending Cable Television Network
(Regulation) Rules, 1994.
v Bureaucratization of politics is also observed in the current elections. The
parties can manage to manipulate the officers in their favor to be the electoral
officers in their constituencies. Sufficient measures have been adopted by the
Constitution itself to make the Election Commission as an independent body.
But still it depends on the Union in financial matters. There it is necessary
that six months prior to the elections, no transfer shall be made without
the consensus of the Commission. The expenses of the election commission
should be entirely charged on the consolidated fund of India to secure its
independent functioning.
v It has often seen that any group of persons get registered as political party
leading to mushrooming of non- serious parties creating unnecessary load
in election management. Some of the parties which have become non-
operational still remain as functional political parties in Commission’s rolls.
Commission should exercise the power of registration and de-registration of
political parties.
v The barrels of black money flow during elections, narrow-minded tendencies
playing their role pressuring public, purchasing them, and creating
impressions in their mind. Dinesh Goswami Committee had suggested of
providing State funding to parties for election expenses partially. But in my
views, this will be an effective way stop black money flow. During elections,
we hear a number of people's name is missing in the voters list. This handicaps
the very purpose of electing the majority voice in the democratic nation.
No State funding must be allowed. Commission must take some necessary
actions to see that not even a valid voter’s name is missed. The voter’s list
must also be periodically amended.
Conclusion
The above-mentioned reform agenda, because of its huge scope and
implications, might fright us to take some action. But the complexities of the
problems should not cloud our thinking and should not deter us from advocating
sensible solutions. Besides electoral reform what is most needed, is a political
culture, ethos and change of the hearts of the leaders of the parties. The elected
representation of women, especially at grassroots level and their subsequent
ascent to the top had sent a good signal to the Indian democracy. The women
87
in rural areas, in the gram panchayats want to do something, but the question
is who is to empower them. There are schemes for women that need proper
implementation; there should be education and information available to them.
This paper on need and importance of electoral reforms significance only when
viewed within the larger discussions on political reforms that seek to make
representative democracy in India more substantial. From this view electoral
reforms can be considered as a necessary initiative for improving of the political
system. Any serious reform advocacy must be based on clear thinking, rational
analysis, and reasonable goals. Opportunities will always knock the doors, and
once the goals are clear, it becomes easier task to perform the activities as per
the requirements. And it is only when we assert our rights; we will be able to
transform our procedural democracy into a substantive democracy and the nation
as a whole. But it is not an overnight phenomenon. Short-term gains will lead to
long-lasting successes for democracy.
References
http://www.columbia.edu/~wa38/consoc.pdf
http://www.elections.org.za/papers/398/2009%20National%20elections%20timetable.
pdf
http://www.aec.gov.au/Voting/counting/hor_count.htm
http://india.gov.in/govt/documents/amendment/amend91.pdf
http://www.thehindu.com/2005/02/18/stories/2005021802021000.htm
Dr. Jayprakash Narayan, ―Electoral Reforms, Foundation for Democratic reforms.
Center for Policy Research, Blue Print of Political reform: Subhash. C. Kashyap.
Electoral Reforms Goals- A Loksatta Discussion paper.
Indian Elections – Campaign Finance Reform, National Seminar on Electoral Reforms,
17th & 18th November 2000 Kolkatta.
Report of the Committee on Electoral Reforms, Government of India, Ministry of Law
and Justice, Legislative Department, May 1990, p. 29.
Ministry of Law, Justice and Company affairs, Government of India - NCRWC Report.
Election Commission of India, www.eci.gov.in ―Electoral Laws – Manual of Election Law
Volume I & II.
88
Dowry: Legislative Impact on the Esteemed Social Evil and Expectations
Dowry: Legislative Impact on the Esteemed

Social Evil and Expectations
Avinash Chandra1
Under Hindu System of Law, marriage was a sacrament, it was a permanent

and indissoluble union and was meant for the performance of religious duties by
men and women. It is one of the 48 Sanskaras recognized by the Hindu religion.
The ancient Hindu Law recognized eight forms of marriage, namely – Brahma,
Daiva, Arsha and Prajapatya which were approved forms and the Asuru, Gandharva,
Raksha and the Paishacha forms were unapproved. Later only Brahma, Asuru and
Gandharva forms were recognized and the other forms were considered obsolete.
Brahma form of solemnizing marriage was most popular. In Brahma form it
is gift of the bride who is bedecked and bejeweled with ornaments is presented to
a man learned in Vedas and of conduct when the father himself invites. It was a
gift of bride, the presents and the jeweler were voluntarily given to the bride. In
the beginning it was never in the form of coercion or binding. Since, no portion of
the parental property was allowed to be shared by female children, therefore, as
part of compensation, gifts and presents were given to the daughters at the time
of their marriage. These gifts overtime came to be institutionalized as Dowry.
Unfortunately, the custom in the contemporary context has gone far beyond
a cultural practice or innocuous extravagance, and has added to itself ominous
dimensions. It assumed serious proportions only when the people who could not
afford it were coerced to give it. Many social reformers like Raja Ram Mohan
Rai, Ishwar Chandra Vidya Sagar and Mahatma Gandhi dedicated their lives for
eradication of various social evils including the evil of dowry.
After the independence the country has witnessed the evil of dowry in a
more acute form, than it was witnessed before, and practiced in the whole of the
country by almost all sections of the society. The giving and taking of Dowry has
been considered the symbol of high prestige and rank of the rich people with
their accounted and unaccounted wealth indulged in this practice and performed
marriage with great pomp and show. The middle class who cannot afford Dowry,
rather who experience the pinch of the evil of this system while marrying of their
daughters and who decry the existence of the evil in the society documents not
feel ashamed of demanding Dowry when they have to marry off their sons. The
Dowry devil has eroded considerably the sanctity of marriage with the result it
1
LL.M., Research Scholar, Faculty of Law, Lucknow University, Lucknow
89
has now been reduced to business in which the bridegroom and his parents aim
to make maximum quick money.
Concept of dowry
After a careful re-reading of colonial sources, dowry could be called on
the few indigenous feminist institutions in an overwhelming patriarchal and
agrarian society. In the late nineteenth and the early twentieth century Dowry
was not the enemy but rather an ally of the women acting as an economic safety
net in a setting where women always married outside there natal villages and
where they did not normally inherit land. Item’s for the daughter’s dowry was
accumulated gradually not only by the immediate family but by the entire village,
which shared in an intricate web of reciprocal obligations. Daughters were not
perceived as an economic burden.
Dowry serves as the foundation on which explanation for discrimination
against women have been built; it has the conceptual richness to satisfy a variety
of analytical taste over time. Feminist view it as gender discrimination. The
colonialists stressed its cultural roots in a benighted Hinduism; Marxist sees it
as an economic institution. Dowry, an integral part of Hindu high caste culture,
appeared to be timeless and pernicious custom that constructs women as a
financial liability to their natal homes and on their homes as brides.
Its ban by an Act of Indian Parliament in 1961 seems only to have entrenched
the custom deeper. There were glaring contradictions in the explanations. Culture
was blamed on the one hand, but so was westernization, which brought in gross
materialism, greed, and desire for consumer goods and modernization, which
put a cash value on every thing and commercialized human relations.
In general sense Dowry may be considered as those gifts which are given to
a girl at the time of marriage by her relatives.
Max Radian defines Dowry as “property which husband receives from the wife
or her relatives.”
According to the Webster’s Dictionary, 1956 Dowry means or includes:
1. the money, goods or estate which a woman brings to her husband in marriage;
the portion given with a wife;
2. a natural talent, gift or endowment ; as, poetry was his dowry,
3. A gift given to or for a wife (Archaic).
According to Dowry Prohibition Act, 19861 “Dowry” means any property or
valuable security where:
1
Section 2 of Dowry Prohibition Act, 1986
90
1. It is given or agreed to be given either directly or indirectly;

(a) by one party to the marriage to the other party to the marriage. Or
(b) by the parents of either party to the marriage to either party to the
marriage, or
(c) by any person to either party to the marriage or to any other person, and
2. it is given at or before or ant time after the marriage,
3. it is given in connection with the marriage, and
4. it does not include dower or meher given under the Muslim personal law.
The term “Property” appearing in the main part of section 2 includes
movable and immovable property. Explanation II below Section 2 provides that
the expression “valuable security” has the same meaning as in Section 30 of
the Indian panel code, thus valuable security includes document also but this
explanation cannot be of much help in invoking the provisions of the Act because
in matrimonial contracts, legal rights can be created or transferred otherwise than
in the form of any document. Broadly speaking this explanation is against the
provisions of Transfer of Property Act, in so long as there is no proven evidence to
show that this sort of transactions is made in connection with the marriage. Then
how to bring a nexus between such transfers and the marriage?
According to Encyclopedia Britannica, Dowry is the property which came into
the hands of husband along with the lady or is given to him at the time of marriage.
However the property received by a girl in marriage is treated as her own
property and some gifts or property are given to the Groom and his relatives,
therefore dowry may be defined as gifts or valuable property which is given to groom
or his relatives at the time of marriage.
Dowry in its menacing form for some women, as we know it today, was
patiently the artifact not of an organically unchangeable and permanently
constituted Hindu or Sikh culture but of acculturation in colonial time and space.
This change fortunately, did not occur even across castes and classes and today,
the majority of Hindu families’ practice what might be seen as a pre-colonial
form of dowry. It is this process of change – sporadic, uneven and regrettably
irreversible.
Yet the concerts about the escalating pressures of enhanced dowry in the late
nineteenth and the early twentieth century suggests that changes in this period
affected the nature of this institution. Demands at the time of betrothal, lavish
feasting and entertainment of the wedding guests, gifts for the family of the groom,
expenses for the celebrations of the annual fasts and festivals and birth of the
children and their naming and tonsure ceremonies changed in time the daughter–
91
parent bond and aggravated dowry. The upward spiral in costs continued; cash
and an ever increasing range of consumer goods raised the demands.
Dowry: The Problem and its Impact

In India Dowry is not a recent generated system. It is found in Indian society
from time immemorial. The tradition is as older as we may found the references
of Dowry even in our religions epics like Ramayana, Mahabharata. Earlier it was
prevalent only in higher classes of society but now it has its impact nearly on
every class of society.
The impact of Dowry and its menacing form can be seen even in the Ancient,
Medieval, British and the present era. A study has been made to the affect as
stated under-
Ancient India
In ancient India, little is known about the pre-vedic marriage ceremony.
Some information can be had from marriage hymns of the Atharva Veda and
the Rig Veda. It is mentioned in the allegory that the bridge bearing a beautiful
robe, be jeweled, decorated, eyes daubed with kajal, head dressed up in guriya
style, started for the house of her intended lord in a chariot, accompanied by her
bridal friends. The treasure chest containing her dowry was also placed in the
chariot. The Atharva Veda refers to the royal bride bringing with them the dowry
of one hundred cows. We have one other reference in the Atharva Veda, in which
the king was cursed that his queen will not fetch dowry for him. In one Smriti,
the bargain marriage was called Pasu Vivah (animal marriage) but we do not
know as to which party extracted the money. Draupadi, Subhadara, Uttara, Sita
were also given valuable presents of horses, elephants and jewels at the time of
their marriage. Reading Tulsidas’s Ram Charit Manas, it is found that he too has
referred to the dowry system. The presents that were given in the marriage have
been perceived as ‘dowry’ in the real sense as we understand it today. But these
gifts were given voluntarily out of pure affection. Jataks too give an account how
costly presents were given to the bridegroom at the marriage.
Medieval India
In the Muslim period too, we find references of dowry. Sant Tukaram
of Maharastra married his daughters and gave dowry with help of villagers.
Chaitaniya Mahgaprabhu’s father-in-law was hesitant to marry his daughter to
him because was not able to arrange for dowry given in middle class families.
In Rajaputana, particularly in medieval times, the dowry system had assumed
an alarming proportion though this had happened only in the cases of Rajas
92
and Maharajas (kings). The extraordinary pride which the Rajputs took in their
ancestry was mainly responsible for this development. The Rajput youths of
the bluest blood were preferred as son-in-laws by a large number of the people
(Rajputs) with the result that their value increased in the marriage market.
Thus, the dowry system became a positive evil from about the thirteenth or the
fourteenth century.
Modern India
In the British period, the British rule let the loose forces like monetization,
education, and the introduction of the ‘organized sector’. No measures were
taken to curb the evils. The educated youths had high ‘rates’ in the marriage
market. According to one writer2, Bengalis who had Bachelor of law degree from
the Calcutta University collected (in 1915) as much as Rs.10, 000 as dowry. M.N.
Srinivas has also pointed out that the richer and higher strata of people in the
second quarter of twentieth century paid huge sums of by way of dowry to obtain
desirable grooms.
In the present period, dowry has assumed scandalous proportion. It has
become a kind of bargain. The prospective economic position of a young boy
belonging to these classes has made immensely attractive as a son-in-law. His
price in the marriage market has automatically increased. In fact, cases have been
observed where boy’s kin list their demand about the jewellery, scooter, gadgetry,
furniture, clothes, and cash etc., which the girl’s kin have to provide at time of
marriage. However, this does not mean that presentations moved only from the
bride’s kin to the groom’s kin. The latter too spent a lot in marriages. But since the
weddings are invariably performed in the bride’s house, the burden of hospitality
in generally heavier on the bride’s kin than on the groom’s. The decoration and
wedding dinner expenses are borne by the bride’s parents over and above the
dowry that they give. The evil has hence further aggravated in form and size and
is still maximizing.
Dowry in modern times continues even after years of marriage in form of
gifts to bride-groom or his relatives on various occasions and festivals.
In the year 1974 a committee was formed to study the condition of women.
The committee indicated that in modern times dowry became a status symbol.
People consider the direct relation between the dowry and the economic status of
the marriage parties.
Dowry has adopted a devil face in modern times. It has become the biggest
2
Princep, quoted by M.N. Srinivas, 1989:103
93
challenge before us as due to lack of money there are several girls unmarried. This
single problem has created many other evils like female feticide, Dowry deaths,
suicide etc.
Causes of Dowry Problem

There are several reasons for the presence and increase of the problem of
Dowry. Some of the major causes may be enumerated as follows:
Social Causes:
The main reason for the prevailing dowry system is sanction of society. There
are several social reasons prevailing in our society, some of those reasons are as
follows:
Considered as representative of Social Status: An important factor promoting the
dowry system in our society is that it is considered as representative of the social
status of the marriage parties. A person spends more money in the marriage of
her daughter as to show off his economic soundness in the society and feels proud
on the issue.
Social rigidity on Love marriages: It is mostly observed that love marriages are
being solemnized without dowry. But the parents are usually reluctant on the
issue and force their children for arranged marriages paying no heed to this fact
that a culture of love marriage may help the children to get a better life partner
and may avoid the evil of dowry.
Necessity of marriage for Girls: Sometimes the necessity of marriage in Hindu
society also acts as a factor promoting the dowry system as parents are ready to
pay dowry to marry their daughters at any cost. Sometimes parents pay dowry as
consideration to remove the lacks of their daughter.
Traditions: Indian society suffers in most of the cases due to it blind belief over
any tradition and the attitude to copy the other without any application of mind.
Same is the case here also people accept the standards of other in case of gifts
without considering his own conditions and in this way the standard of dowry
raises and became a tradition, which creates problem.
Economic Causes:
Economic factors are responsible for promoting dowry in Indian society
upto a great extent. We may study following reasons under the head of economic
factor promoting dowry system in Indian Society:
Temporal Importance of money: in present world where every one is worried for
physical comfort the importance of money increased. Dowry has become an easy
94
mode to earn heavy sum of money without effort and therefore this system is
prevailing in society.
Expensive Educational System: the expensive educational system is also a
responsible factor for dowry. Parent has to spend a huge sum of money for good
education of their children. In case of technical or professional education the
expenses are beyond limits. Therefore parents try to indemnify them with the
dowry received in the marriage of their children and they demand dowry.
To give shares to daughter in property: In Indian society it is usually found
that after marriage the daughter stops taking part in the family decisions of her
parents’ family. Same is the case with property also she does not demand shares
in the property of parents. Parents give her dowry to compensate he share in
property and in this way they indirectly give her share in property.
Political Causes:
Political reasons are not responsible for the origin of the problem but they are
highly responsible in the increase of dowry system. Political reasons promoting
dowry system are as follows:
Politicians are themselves involved in the dowry. They give or take a heavy
sum of money in the marriages of their children.
1. Executors of Dowry prohibition laws are also involved in dowry system.
2. People have no knowledge about laws related to dowry prohibition and
therefore the do not afraid of these laws and so the effect of dowry prohibition
laws is very low.
3. Definition of the term Dowry in Dowry Prohibition Act excludes the gift
given or property given if not connected with marriage; this became a mode
of escape in most of the cases.
4. Vote politics on the issue of dowry by political parties.
Legislation regarding Dowry Prohibition

Laws have been passed by both the central or state legislatures to curb the
problem of dowry. We may divide the laws related to dowry prohibition under
following two heads:
1. Provincial Legislation
2. Central Legislation
Provincial Legislation
States like Andhra Pradesh, Keral, Punjab, and Bihar have passed legislations
95
to control the problem of dowry at provincial level. As in Uttar Pradesh, Uttar

Pradesh Dowry (Prohibition) Rules, 1999, in Madhya Pradesh, Madhya Pradesh
Dowry (Prohibition) Rules, 1976 are passed to curb the problem.
Central Legislation
There are various laws dealing with the issues related to dowry at central
level. Some of those laws are as follows:
1. Dowry (Prohibition) Act, 1986
2. Dowry Prohibition (list of gifts) Rules, 1985
3. Economic Help to women effected by dowry Rules, 1990
4. Indian Penal Code, 1860
5. Indian Evidence Act,1872
6. Dowry Prohibition Act, 1986
The Dowry Prohibition Act, 1961 has been passed in the year 1961 and
amended twice in 1984 and 1986. Many basic changes were introduced in 1984
including the definition of Dowry in order to give it more deterrent effect and
provide teeth to the provisions. It was further amended in 1986. But the evil
practice of dowry is still haunting the society like a phantom and spreading like
a contagious disease in spite of there being a lot of opposition from the women
and other welfare organizations and in spite of imposition of punishments under
the law.
The term “Property” appearing in the main part of section 2 includes
movable and immovable property. Explanation II below Section 2 provides that
the expression “valuable security” has the same meaning as in Section 30 of
the Indian panel code, thus valuable security includes document also but this
explanation cannot be of much help in invoking the provisions of the Act because
in matrimonial contracts, legal rights can be created or transferred otherwise than
in the form of any document. Broadly speaking this explanation is against the
provisions of Transfer of Property Act, in so long as there is no proven evidence to
show that this sort of transactions is made in connection with the marriage. Then
how to bring a nexus between such transfers and the marriage?
Punishment for Dowry
Section 3 of the Act provides if any person gives or takes or abets the giving or
taking of dowry, he shall be punished by the imprisonment which shall not be less than six
months and may extend to two years or fine which may be ten thousand or he amount of
dowry, whichever is more
96
But the court if satisfied may after recording the reasons may award the imprisonment
less than six months.
Gifts or Property given not in connection with marriage are not dowry
Section 2 is subject to the provisions of Sub Section (2) of Section 3 which
allows permissible presents given or taken in connection with a marriage.
However, any property or valuable security given or taken by either party to
the marriage or by the parents of either party of the marriage, or by the person
on behalf of either party to the marriage does not amount to be the “Dowry”
if it is given otherwise than in connection with the marriage. It is not beyond
one’s imagination as to what other connections or considerations the parties to
a marriage may have with regard to the giving or taking properties or valuable
securities in so long as their interrelationship begins only from the angle of the
marriage. What will be the legal implications if the so called property or valuable
security is given or taken by either party to the marriage from the other party to
the marriage prior to and unconnected to the solemnization of such marriage but
later on the parties may come to an understanding either to ignore or to waive
off the same in consideration of the marriage in the normal course of their new
relationship. Does it amount to be a dowry under Section 2 and thereby attracting
the penal provisions of Section 3? Or, where any property or valuable security
is given or taken under any benami lease or mortgage or sale in consideration of
solemnization of marriage or consummation of marriage, whether the provisions
of Section 3 apply?
Agreement for Giving or Taking Dowry is void
According to the Section 5 of the Act any agreement for the giving or
taking of Dowry shall be void. But this Section is silent with regard to anything
given or taken in furtherance of such agreement even though it forms part of
any consideration in the contract of marriage. The law is not as clear as it ought
to be specified as to whether in such a case, the marriage, if solemnized and
consummated, shall also become void within the meaning of the contract Act.
Transfer of Dowry in the name of Wife
It is interesting to note that Section 3 of the Act prohibits giving and taking
Dowry as a cognizable offence, and whereas Section 6 thereof requires the person
who receives it to transfer the same to the woman in whose marriage it is given
or to the heirs, children or parents of such women as the case may be where
she dies before receiving the same within the stipulated period of three months
in accordance with clauses (a) to (c) of sub Section (1) of that Section. Failure
to do so amounts to be a punishable offence under sub-Section (2) read with or
without sub-Section (3) thereof. That is to say, the Dowry paid under the Act can
97
be construed to be the sole property of the woman in whose marriage it is given

whether or not it is given by her parents, husband or parents-in-law or any other
person. It also amounts that Section 6 of the Act contravenes the provisions of
Section 3 thereof.
Dowry Prohibition (list of gifts) Rules, 1985

The central government while exercising the power given under section 9 of
Dowry Prohibition Act passed Dowry Prohibition (list of Gifts) rules 1985. These
rules became enforceable from 2 October 1985.
Rule 2 of this rules consist of following four Sub Rules
1. Bride shall keep a list of gifts given to her.
2. Bride-groom will keep a list of gifts given to him.
3. The List prepared under Sub Rule 1 and 2 shall be,
(a) prepared at the time of after marriage as early as possible,
(b) in writing.
(c) consist of following particulars
(i) short description of gift
(ii) value of the gift
(iii) name of the person who has given the gift
(iv) relationship with the bride or bride-groom, if any
(d) signed by both bride and bride-groom
Indian Penal Code, 1860

Section 304 B: Dowry Death
(1) Where the death of a woman is caused by any burns or bodily injuries or
occurs otherwise than under normal circumstance within seven years of her
marriage and it is shown that soon before her death she was subjected to
cruelty or harassment by her husband or his relatives, or in connection with
any demand of dowry, such death shall be called ‘dowry death’, ad such
husband or relative shall be deemed to have caused such death.
Explanation: for the purpose of this section ‘dowry’ has the same meaning as
in section 2 of dowry prohibition Act, 1961
(2) Whoever commits dowry shall be punished with the imprisonment for
a term which shall not be less than seven years but which may extend to
imprisonment for life.
98
Section 498 A: Husband or relative of husband of a woman subjecting her

to cruelty:
Whoever, being husband or relative of husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.
Explanation: For the purpose of this section cruelty means:
(a) any willful conduct which is of such a nature as is likely to drive the woman
to commit the suicide or to cause grave injury or danger to life, limbs or
health(whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing
her or any person related to her to meet any unlawful demand fro any
property or valuable security is on account of failure by her or any person
related to her to meet such demand.
Code of Criminal Procedure, 1973

Section 174 Police to enquire and report on suicide, etc.
(1) when a police officer in charge or some other police officer specially
empowered by the state government in that behalf receives information that
a person has committed suicide, or has been killed by another or by an animal
or by machinery or by an accident or has died under circumstances raising
a reasonable suspicion that some other person has committed an offence,
he shall immediately give information thereof to the nearest Executive
Magistrate empowered to hold inquest, and, unless otherwise directed by
any rule prescribed by the state government or by any general or special
order of the District or Sub-Divisional Magistrate, shall proceed to the place
where the body of such deceased person is, there, in presence of two or more
respectable inhabitants of the neighborhood, shall make an investigation, and
draw up a report of the apparent causes of death, describing such wounds,
fractures, bruises, and other marks of injury as may be found on the body,
and stating in what manner, or by what weapon or instrument ( if any), such
marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by
so many of them as concur therein and shall be forthwith forwarded to the
District Magistrate or the sub-divisional magistrate.
(3) [When
(i) the case involves suicide by a woman within seven years of her marriage;
or
99
(ii) the case relates to death of a woman within seven years of her marriage
in any circumstances raising the suspicion that some other person
committed some offence in relation to such woman; or
(iii) the case relates to the death of a woman within seven years of her
marriage and any relative of woman has made a request in this behalf ;
or
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it expedient so to do,
he shall], subject to such rules as the state government prescribes in this
behalf, forward the body with a view to its being examined, to the nearest Civil
Surgeon, or the state government, if the state of the weather and the distance
admit of its being so forwarded without risk of such putrefaction on the road as
wound render such examination useless.
(4) The following magistrate are empowered to hold inquest, namely, any
District Magistrate or Sub Divisional Magistrate and any Executive Magistrate
specially empowered in this behalf by the State Government or the District
Magistrate
Section 198 A: Prosecution of Offences under Section 498 A of Indian
Penal Code:
No Court shall take cognizance of an offence punishable under Section 498 A
of Indian Penal Code, except upon a police report of facts which constitute such
offence or upon a complaint made by the person aggrieved by the offence or by
her father, mother, brother, sister or by her father’s or mother’s brother or sister
or with the leave of the court, by any other person related to her blood, marriage
or adoption.
Indian Evidence Act, 1872

Section 113 A: Presumption as to abatement of Suicide By a lady
According to section 113 A whenever the question arises that a lady has
been abetted t commit suicide by her husband or his relatives and it has been
shown that he suicide was committed within seven years if marriage and cruelty
was committed by her husband or his relatives court may presume that she was
abetted to commit suicide by her husband or his relatives.
Section 113 B: Presumption as to Dowry Death:
According to section 113 B when a question arises that whether the death is
dowry death and it is shown soon before the death she was harassed or cruelty
100
was committed with her for demand of dowry the court shall presume such death
a dowry death.
Judicial Efforts for Curbing the Problem

For prohibition of Dowry not only the legislative measures has been adopted
but the judiciary has also played an active role in curbing the issue. The Supreme
Court through interpretative technique supported the frenzied task of Dowry
prohibition. Some of the important judgments of the Supreme Court are as
follows:
S. Gopal Reddy v. State of A.P.3 This case is related with Section 2, 3 and 4 of the
Dowry Prohibition Act, 1961.
There is an alarming increase in cases relating to harassment, torture,
abetted suicides and dowry deaths of young innocent brides. Awakening of the
collective consciousness is the need of the day. For this a wider social movement
is necessary. The role of the courts, under the circumstances, assumes a great
importance. The courts are expected to deal with such cases in a realistic manner
so as to further the object of the legislation. However, the court must not lose sight
of the fact that the Act, though a piece of social legislation, is a penal statute. One
of the cardinal rules of interpretation in such cases is that a penal statute must
be strictly construed. The courts have, thus, to be watchful to see emotions or
sentiments are not allowed to influence their judgment, one way or the other and
that they do not ignore the golden thread passing through criminal jurisprudence
that an accused is presumed to be innocent till proved guilty and that the guilt of
an accused must be established beyond a reasonable doubt. They must carefully
assess the evidence and not allow either suspicion or surmise or conjectures to
take the place of proof in their zeal to stamp out the evil from the society while
at the same time not adopting the easy course of letting technicalities or minor
discrepancies in the evidence result in acquitting the accused. They must critically
analyse the evidence and decide the case in realistic manner.
The Dowry Prohibition Act is a piece of social legislation which aims to check
the growing menace of the social evil of dowry and it makes punishable not only
the actual receiving of dowry but also the very demand of dowry made before,
or after the marriage, where such demand is referable to the consideration for a
proposed marriage . Meaning of the expression ‘dowry’ as commonly used and
understood is different than the peculiar definition thereof under the Act which
applies wherever the expression is used in the Act. The definition given in the
statute is a determinative factor. However, dowry as a quid pro quo for marriage
is prohibited and not the traditional presents to the bride and the groom by the
friends and relatives. The expression Dowry under the Act must be interpreted in
3
(1996) 4 SCC 596: 1996 SCC (Cri) 792: AIR 1996 SC 2184
101
the sense which the statute wishes to attribute to it. It cannot be confined merely
to the ‘demand’ of money, property or valuable security “made at or after the
performance of marriage” on the basis of the dictionary meaning of dowry.
Provisions of the Act should be interpreted in the light of the object of the Act
so as to further that object –But it being a penal statute court should be cautions
and careful so that suspicion, conjectures and surmise may not influence its
judgment – At the same time it cannot acquit an accused merely on the basis of
technicalities and minor discrepancies. Any demand of dowry made before, or
after the marriage, where such demand is made as a consideration for marriage
would attract the provisions of section 4 of the Act.
Prem Singh v. State of Haryana4 it was held in this case that meaning of
Dowry includes within its ambit any additional demand of dowry also.
Pawan Kumar v. State of Haryana,5 In this case the court held that the
definition of dowry is to be interpreted with other provisions of the Act including
section 3, which refers to giving or taking of dowry and Section 4 which deals with
penalty for demanding dowry, under the 1961 Act and the Indian Penal Code. The
word “agreement” referred to in Section 2 of the Dowry Prohibition Act, 1961has
to be inferred on the facts and circumstances of each case. The interpretation that
conviction can only be if there is agreement for dowry, is misconceived. This
would be contrary to the mandate and object of the Act. This makes it clear that
even demand for dowry on other ingredients being satisfied is punishable.
In Saki Mandalani v. State of Bihar6,case the appellant, who was the sister-
in-law of the deceased, was convicted under sections 304-B/34, 498-A IPC
and under sections 3 and 4 of the Dowry Prohibition Act. On appeal, the High
Court acquitted her of the charges under section 304-B/34 IPC giving her the
benefit of doubt. However, her conviction under sections 3 and 4 of the Dowry
Prohibition Act was maintained. It was contended before the Supreme Court that
having recorded her acquittal from the charges under section 304-B IPC; it was
not possible to maintain the convictions under sections 3 and 4 of the Dowry
Prohibition Act. Special Leave allowed.
Demand for dowry and harassment are the essential ingredients of
the offence under section 304-B.
Sections 3 and 4 of the Dowry Prohibition Act make out independent offences,
but in the instant case it was the demand of dowry coupled with harassment
which constitutes the basis of the prosecution case. Once the main part of the
4
(1998) 8 SCC 70
5
(1998) 3 SCC 309: 1998 SCC (Cri) 740: AIR 1998 SC 958: 1998 Cri LJ 1144.
6
(1999) 5 SCC (Cri) 1039
102
charge under section 304-B was not found established, it was not possible to
record convictions under sections 3 and 4 of the Dowry Prohibition Act.
In Satvir Singh v. State of Punjab 7 case the Hon’ble Court held that the dowry
in the section 304-B has to be understood as it is defined in section 2 of the Dowry
Prohibition Act. There are three occasions related to dowry. One is before the
marriage, second is at the time of marriage and the third is at any time after
the marriage. The third occasions appears to be an unending period. But the
crucial words are “in connection with marriage of the said parties.” This means
that giving or agreeing to give any property or valuable security on any of the
above stages should be in connection with the marriage of the parties. There can
be many instances for payment of money or giving of property as between the
spouses. Some customary payments in connection with the birth of the child or
other ceremonies prevalent in different societies are examples. Hence dowry
mentioned in sec. 304B should be any property or valuable security given or
agreed to be given in connection with the marriage.
In Vikas v. State of Rajasthan 8 case the court observed that the society
has to find out ways and means of controlling and combating this menace of
receipt and payment of dowry. Daily the demon of dowry is devouring the lives
of young girls, who marry with high hopes of heavenly abode in their husband’s
house. In a few cases the guilty is punished but it has no deterrent effect on
mother-in-laws or sister-in-law who might have suffered similar tyranny or
cruelty. This deep rooted social evil requires to be controlled not only by effective
implementation of Dowry Prohibition Act, 1961, but also by society. It appears
that instead of controlling payment and receipt of dowry in one or the other form,
it is increasing even in educated class. The increase is because of the accumulation
of unaccounted wealth with a few and others having less means follow the same
out of compulsion.
In State of Karnataka v. M.V. Manjunathegowda9 the Court stated the objects
and scope of the Act in detail of The Dowry Prohibition Act, 1961 was enacted
with legislative effect from May 20, 1961. The object of the bill is to prohibit the
evil practice of giving and taking of Dowry. This question has been engaging the
attention of the Government from some time, and one of the methods by which
this problem, which is essentially a social one, was sought to be tackled was by
the conferment of improved property rights on women by the Hindu Succession
Act, 1956. It is, however felt that a law which makes the practice punishable and
at the same time ensures that any dowry, if given does goes inure for the benefit
7
(2001) 8 SCC 633
8
(2002) 6 SCC 728
9
(2003) 2 SCC
103
of the wife will go a long way to educating public opinion and to the eradication
of this evil.
Ever since the Act came into being there is a sea change by various
amendments so as to make the Act more purposeful and punishment deterrent.
Realizing that despite the formation of the Act, the evil practice of giving and
taking dowry remains unabated and the dowry-related offences are on the
menacingly increase, the Act was amended in 1984. After taking of the note of
Committee on Status of Women in India and with a view to making of thorough
and compulsory investigations into the cases of dowry deaths and stepping
up anti-dowry publicity, the government referred the entire matter to the Joint
Committee.
1. Offences under the Act are to be non-bailable
2. The burden of proving that there was no demand for dowry will be on the
person who takes or abets the taking of dowry.
3. The statement made by the person aggrieved by the offence shall not subject
him to prosecution under the Act.
4. Any advertisement in any newspaper, periodical, journal or any other
media by any person offering any share in his property or any money in
consideration of the marriage of his son or daughter is banned and the person
giving such advertisement and the printer or publisher of such advertisement
will be liable for punishment with imprisonment of six months to five years
or with fine up to Rs.15, 000/-
5. The minimum punishment for taking or abetting the taking of dowry under
section 3 has been raised to 5 years and a fine of Rs.15000/-
6. Dowry Prohibition Officers are to be appointed for assisting the Advisory
Board.
7. One of the important recommendations of the Committee for dealing with
cruelty to a married woman by the husband or the relatives of the husband
on the ground of non-receipt of dowry or insufficient dowry has already been
given effect to by the Cr. Law (2nd amendment) Act, 1983 which inter alia,
amended the IPC to include therein a provision for punishment for cruelty
to married woman and was aimed at dealing directly with the problem of
suicides and dowry deaths.
In Reena Aggarwal v. Anupam10 case the definition of the term “dowry”
under Section 2 of the Dowry Prohibition Act shows that any property or valuable
security given or “agreed to be given” either directly or indirectly by one party to
10
(2004) 3 SCC 199
104
the marriage to the other party of marriage “at or before or after the marriage” as a
“consideration of marriage of the said parties” would become dowry punishable
under the said Act. Dowry must therefore be given or demanded as consideration
for the marriage. There can be many instances for payment of money or giving
of property as between the spouses. Some customary payments in connection
with the birth of the child or other ceremonies prevalent in different societies
are examples. Hence dowry mentioned in sec. 304B should be any property or
valuable security given or agreed to be given in connection with the marriage and
not out of love or affection. Demand made after the marriage is a part of dowry.
The object of the Act is to discourage the very demand of dowry. Marriage in this
context would include a proposed marriage that may not have taken place.
Dowry as a quid pro quo for marriage is prohibited and not the traditional
presents to the bride and the groom by the friends and relatives.
In State of A.P. v. Raj Kumar Asawa11 case the supreme court observed that
the argument that there has to be an agreement at the time of the marriage in view
of the words “agreed to be given” occurring in section 2 of the Dowry Prohibition
Act, and in the absence of any such evidence it would not constitute a dowry is
not tenable since the definition of dowry in the section 2 of the Act by amendment
includes not only the period before or at the time of marriage but also the period
subsequent to the marriage.
In case of Vidhya Devi v. State of Haryana 12 it was held that Section 2 as
amended by Act 43 of 1986, covers the demand made subsequent to marriage
within the definition of ‘Dowry’.
In Randhir Singh v. State of Punjab13 it was decided by the court that
merely because the deceased wife did not tell her close friends about the demand
of dowry or harassment that does not positively prove the absence of demand of
dowry. It is very much possible that in a traditional custom – bound society one
may not discuss the family discords. Where there is reliable and cogent evidence
regarding the demand of dowry, the said fact would not be of any consequence.
In Re, Enforcement and implementation of Dowry Prohibition Act, 1961 14
The expression Dowry in ancient times applied to that which a wife to her
husband in marriage, goods given in marriage or the marriage portion. Maybe,
it was conceived of as a nest egg or security of the wife in her matrimonial home,
especially since, most of the systems regarded a married women as an addition to
husband’s family. But in a course of time it assumed a different shape degenerated
11
(2004) 4 SCC 470
12
(2004) 9 SCC 476
13
(2005) SCC (Cri) 56
14
(2005) 4 SCC
105
into a subject of barter, acceptance of a woman as a wife depending upon what her
father would pay as dowry, varying with the status of the bridegroom’s family.
Refusal by the brides father to pay dowry , refusal of the girl to get married if
dowry is insisted upon and the attaching of a social stigma to those who demand
dowry, can alone ultimately an end to this system or at least reduce its prevalence.
The greed for dowry, and indeed the dowry system as an institution, calls for the
severest condemnation. It is evident that legislative measures such as a Dowry
Prohibition Act have not met with the success for which they were designed.
Possibly, a social revolution is needed to put an end to the menace.
Legislation cannot by itself normally solve deep-rooted social problems. One
has to approach them in other ways too, but legislation is essential and necessary,
so that it may have that push and have that educative factor as well as the legal
sanction behind it which help the public opinion to be given a definite shape.
In the context of the developments that have taken place, it is submitted that
no serious efforts have been made to implement the provisions of the Act and
unless directions are issued by this Court is it highly unlikely that the provisions
of the Act and the rules will be effectively implemented. It is therefore submitted
that this Court may direct the Central Government and the State Governments to
give wide publicity to the provisions of this Act and the rules 2 and 3 of the Dowry
Prohibition (Maintenance of Lists of presents to the Bride and Bridegroom) Rules,
1985 by appropriate means including educating the student community about
the relevant provisions and the mandatory requirements of the Act and Rules.
It is further directed to the State Governments to appoint a sufficient number
of Dowry Prohibition Officers with independent charge in each District of the
State concerned. It is submitted that only dedicated and sincere officers are to be
appointed.
Sushil Kumar Sharma v. Union Of India15
The object for which section 498-A was introduced is amply reflected in the
Statements of Objects and Reasons while enacting the Criminal Law (Second
Amendment) Act 46 of 1983.As stated therein the increase in the number of
dowry deaths is a serious concern. The extent of the evil has been commented
upon by the Joint Committee of the Houses to examine the work of the Dowry
Prohibition Act, 1961.The section deals not only with dowry deaths but also with
cases of cruelty to married women by the husband, in-laws, and relatives. The
avowed object is to combat dowry death and cruelty. The object of section 498-A
is to strike at the roots of dowry menace. But by misuse of the said provision a
new legal terrorism can be unleashed. The provision is intended to be used as a
15
2005 SCC (Cri) 1473
106
shield and not as an assassin’s weapon. If the cry of wolf is made too often as a
prank, assistance and help may not be available when the actual wolf appears.
Thus the supreme court has given its active participation in dowry prohibition.
Expectations for effective Control:

Some Jurists have lent Law as the virtue of social engineering. It indeed can
serve as a means to introduce social reforms by instilling a fear of punishment if
Law was disobeyed. In the ultimate analysis it is the fear of punishment, whether
it is loss of liberty or money, which forces man to obey the Law which he may or
he may not like. Permitting interference of authorities in delicate affairs of dowry
and marriage would be welcomed but it may add another matter of expense.
Law has not so far proved to be an efficacious deterrent to eradicate the evil of
dowry. Nor it is likely to prove the one because it can only serve as a reformer
if the instruments that enforced Law have a pronounced ethical attitude and are
not pressurized by corrupt guarantors. Alas this is a distant dream in the Land
Of Gandhi.
What can be the other instrument to eradicate dowry. The first is that it is
recognized as a social evil and an insult to womanhood. The younger generations
of women must rise in revolt to spurn the hand of a begging boy. It has to be
realized that a young man who is interested in the size of the pocket and its
contents of his father-in-law to-be will have little interest in the girl excepting as a
milch cow. When she goes dry he may seek another and the dowry burning cases
may thus rise. There should be a chorus in society: loud, constant and consistent
in the younger generations against this evil. Wherever there is dowry transaction
such marriages should not be attended. Non-cooperation with the evil has melted
an empire within our memory where the sun did not set. It is the politest way of
registering protest. All idealists should resort to it.
Girls should be given an economic competence to stand on there own
feet’s. This will give them a much needed identity to defy male chauvinism and
oppression. Mere constitutional equality is a piece of decoration. It has to find its
content in life. Marriages beyond the confines of caste should be encouraged. This
will eliminate or at least reduce competition and widen the field of choice.
Again in cases where a widower, who has lost his wife even in suspicious
circumstances, should be socially spurned.
For the young men it is necessary to arouse there self respect so that they
are not sold for greed. We have no difficulty in recognizing that it is not easy to
achieve this because all values have taken a back seat and prices occupy the front
row in the real life in our country. Still with resistance from womanhood and self-
respect in young men, the society might alter attitudes.
107
The fight against the institution of dowry will have to be carried out
simultaneously on several fronts. Though legislation is necessary but it will not
put an end to dowry, howsoever deterrent punishment may be prescribed for
those who demand dowry. What is more needed is educating the general public.
The following suggestions may be pointed out for containing the evils of dowry:
1. Punishment should be sterner.
2. Legal awareness should be spreaded for prohibition of dowry
3. Public opinion through education should be created against dowry.
4. Primary Education with an object to remove the dowry from social fabrics
should be promoted.
5. Youth should be promoted to take initiative for prohibition of Dowry as they
are future of the country if they are committed towards its prohibition w may
get rid of this problem.
6. Propaganda for dowry prohibition through TV, Radio and other like modes
should be made so as to cover large area for dowry prohibition.
7. Inter caste marriages should be promoted.
8. In love marriages dowry is observed negligible therefore it must be promoted
and a social sanction should be given to love marriages.
9. Collective social effort should be made to curb this problem.
10. Expensive education is one of the reasons promoting dowry therefore
education should be quality based and cheap.
11. Gift at the time of marriage whether in connection with marriage or not
should be included in the definition of dowry.
Though an absolute eradication of an evil is quite tough and cannot be
achieved overnight but the optimum minimization must be in mind as the
ultimate object. Efforts should be made to create an anti dowry social fabric
through primary education be emphasized.
108
Independent Media: A Key Institute to Promote Human Rights
Independent Media: A Key Institute to Promote

Human Rights
Mrs. Vijeta Dua Tandon1
“Press freedom is a cornerstone of human rights. It holds governments responsible for

their acts, and serves a warning to all that impunity is an illusion.”
Kofi Annan,
UN Secretary General, International Herald Tribune,
June 2, 1999
INTRODUCTION
The relation between human rights, democracy and development is a basic
concern not only for the legislature but also among the policymakers in the
business and financial circles of the world. It is all the more recognised that stability,
social and cultural consistency and maintenance for democracy are essential
for flourishing trade, developing international co-operation and for national
development. An important element of these policies concerns independent
journalism and free media which provides a foundation for democracy and
respect for human rights.
The work of independent and responsible media in public interest helps in
creating a real democratic and receptive society. Its contribution in spreading
public awareness for different issues like religious intolerance, insecurities,
injustices, discrimination against weaker sections of the society, violation of
human rights, zonal conflicts etc cannot be overlooked. Sovereign media plays
an enormously important role in the protection of human rights. They expose
human rights violations and offer an arena for different voices to be heard in
public discourse. The media have been called the Fourth Estate of the democracy
– an essential addition to the powers of the executive, the legislature and the
judiciary. However, the power of the media can also be misused to the extent
that the very functioning of democracy is threatened. Some media outlets have
been turned into propaganda megaphones for those in power. Others have been
used to incite racist hatred and violence against minorities and other vulnerable
groups. The purpose of journalism is not to please those who hold power or to
serve as the pawn of governments. Journalists report, investigate and analyse,
they inform us about politics, religion, celebrities, the arts, sports, revolutions and
1
Lecturer, Amity Law School
109
wars. They entertain and sometimes annoy us. But most important of all, they are
“public watchdogs”. This role is fundamental for democracy. Free, independent
and pluralistic media based on freedom of information and expressions are a core
element of any functioning democracy. Freedom of the media is also essential
for the protection of all other human rights. There are many examples where
the misuse of power, corruption, discrimination and even torture has come to
light because of the work of investigative journalists. Making the facts known to
the public is often the first, essential step in redressing human rights violations
and holding those in power accountable. Public authorities, civil society and the
international community, as well as media owners and journalists’ organisations,
all have important roles to play that reach from law enforcement, education,
monitoring and setting universal standards to ethical conduct and self-regulation.
The way in which national legislation enshrines media freedom and its practical
application by the authorities reveals the state of democracy in the country
concerned.
Freedom of press
Article 19 does not expressly provide for freedom of Press but the fundamental
right of the freedom of press implicit in the right of the freedom of speech and
expression. Freedom of speech and expression enjoys a special position as far as
Constitution of India is related. Its importance can be understood by the mere
fact that the Preamble of the Constitution ensures to all citizens inter alia, liberty
of thoughts, expression, belief, faith and worship. This importance has been
contained in the form of Article 19(1)(a) as ‘Freedom of Speech and Expression’ of
the Constitution of India. Explaining the scope of freedom of speech and expression
Supreme Court has said that the words "freedom of speech and expression"
must be broadly constructed to include the freedom to circulate one's views by
words of mouth or in writing or through audiovisual instrumentalities. Freedom
of Speech and expression means the right to express one's own convictions and
opinions freely by words of mouth, writing, pictures or any other mode. It thus
includes the expression of one's idea through any communicable medium or
visible representation, such as gesture, signs, and the like.
Freedom of speech is guaranteed not only by the constitution or statutes
of various states but also by various international conventions like Universal
Declaration of Human Rights , European convention on Human Rights and
fundamental freedoms, International Covenant on Civil and Political Rights
etc. These declarations expressly talk about protection of freedom of speech
and expression.. Article 19 of the Universal Declaration of Human Rights says
everyone has a right to freedom of opinion and expression, which includes the
right not to be penalised for those opinions and to “seek, receive and impart”
information and ideas by whatever means, regardless of national borders. Yet
110
this freedom, without which others cannot be enjoyed, is one of the hardest to
establish in practice. Nearly all regimes say they support it but in practice do not.
History shows that too often it disappears when used to criticize authoritarian,
dictatorial or totalitarian regimes. Nearly half of the 189 member-states of the
United Nations do not respect press freedom. Violations of it must not be just
a topic of conversation among the great and the good or the focus of academic
conferences. The situation is clear and we must deal with it swiftly. More than
100 journalists are still imprisoned around the world for the “crime” of having
“bad opinions.” More than 500 have been killed on the job over the past decade.
In 90 per cent of cases, their killers have not been caught. This is violation of
Human Right of Journalism. The right of journalists to carry out their work
under safe conditions, without fear of being harassed, attacked, beaten or killed
is of paramount importance for freedom of the press and freedom of expression.
Safety of the media and media professionals is a precondition for free media.
Without safe working conditions, journalists cannot write freely. To defend the
very important human rights of free media and free expression, authorities and
organisations at all levels need to combine their efforts.
There are instances where States have come up for the rescue and protection
of the freedom of press and their human rights. Initially there was no provision for
protecting freedom of speech in American Constitution, but very soon realizing
the importance of freedom of speech it amended its constitution and pave way
for protection of speech and expression. The first amendment of the American
constitution specially provides that -
“Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances”.
The result is that in the United States freedom of speech receives a very high
degree of constitutional protection. It is not incorrect to say that the constitutional
protection afforded to freedom of speech is perhaps the strongest protection
afforded to any individual right under the American Constitution, and the value
of freedom of speech generally prevails over other democratic values such as
equality, human dignity, and privacy. American judiciary, too, has played very
important role in broadening the scope of freedom of speech.
American judiciary has approved content-based regulation. Content-based
regulation of television and radio has been sustained by the Supreme Court in
various cases. For example In Miami Herald Publishing Co. v. Tornillo the Court
unanimously struck down a state law requiring newspapers criticizing political
candidates to publish their responses. The state claimed that the law had been
111
passed to ensure press responsibility. Finding that only freedom, and not press
responsibility, is mandated by the First Amendment, the Supreme Court ruled
that the government may not force newspapers to publish that which they do not
desire to publish.
The Supreme Court of India in the famous case of Express Newspapers
(Bombay) (P) Ltd. v. Union of India observed the importance of press very aptly.
Court held in this case that “In today’s free world freedom of press is the heart
of social and political intercourse. The press has now assumed the role of the
public educator making formal and non-formal education possible in a large scale
particularly in the developing world, where television and other kinds of modern
communication are not still available for all sections of society. The purpose
of the press is to advance the public interest by publishing facts and opinions
without which a democratic electorate [Government] cannot make responsible
judgments. Newspapers being purveyors of news and views having a bearing on
public administration very often carry material which would not be palatable to
Governments and other authorities.”
The above statement of the Supreme Court illustrates that the freedom of
press is essential for the proper functioning of the democratic process. Democracy
means Government of the people, by the people and for the people; it is obvious
that every citizen must be entitled to contribute in the democratic process and
in order to enable him to intelligently exercise his right of making a choice, free
and general discussion of public matters is absolutely essential. This explains the
constitutional viewpoint of the freedom of press in India.
WHETHER FREEDOM OF PRESS INCLUDES RIGHT TO

OFFEND?
Freedom of speech and expression to the press is restricted as if we talk
about the Indian constitution. It is necessary to maintain and preserve freedom
of speech and expression in a democracy, so also it is necessary to place some
restrictions on this freedom for the maintenance of social order, because no
freedom can be absolute or completely unrestricted. Accordingly, under Article
19(2) of the Constitution of India, the State may make a law imposing “reasonable
restrictions” on the exercise of the right to freedom of speech and expression “in
the interest of” the public on some grounds: Clause (2) of Article 19 of Indian
constitution contains the grounds on which restrictions on the freedom of speech
and expression can be imposed like Security of State, Friendly relation with the
States, Public order, decency or morality, Contempt of court, Sovereignty and
integrity of India, defamation etc. All these restrictions are similarly followed on
the Press and the other organizations or citizens.
112
In Papnasam Labour Union v. Madura Coats Ltd. the Supreme Court has
laid down some principles and guidelines to be kept in view while considering
the constitutionality of a statutory provision imposing restriction on fundamental
rights guaranteed by Articles 19(1)(a) to (g) when challenged on the grounds of
unreasonableness of the restriction imposed by it.
In Arundhati Roy, In re the Supreme Court has considered the view taken
by Frankfurter, J. in Pennekamp v. Florida in which Judge of the United States
observed: (US p. 366) ;If men, including judges and journalists, were angels, there
would be no problem of contempt of court. Angel judges would be undisturbed
by extraneous influences and angelic journalists would not seek to influence them.
The power to punish for contempt, as a means of safeguarding judges in deciding
on behalf of the community as impartially as is given to the lot of men to decide,
is not a privilege accorded to judges. The power to punish for contempt of court
is a safeguard not for judges as persons but for the function which they exercise.
There are instances where this thin line of limitation has been crossed
by the media and has gone all the way to hurt the sentiments of the religious
communities. This standard liberal view is often tempered with reminders that it
would be better if rights to free speech were used "responsibly". Many moderate
groups, have claimed that this particular exercise of free speech, far from being
responsible, was unacceptable because it was offensive, insulting or provocative.
Rights to free speech have always been seen as limited by other serious
considerations, and must often be so restricted if we are to respect other rights.
Nobody thinks that a right to free speech confers an unconditional license to
intimidate, to incite hatred, to defraud, to deceive or the like, and nobody thinks
that the law should protect speech acts that harm, injure or put others at risk.
DUTY OF MEDIA: ETHICAL JOURNALISM

Ethical journalism concerns the way in which reporters, editors and others
provide commentary on the events that shape people’s lives. It is rooted in moral
values and has evolved hand in hand with human rights protection in Europe
over 150 years. Today journalism and human rights intersect at a moment of
remarkable and historical change as a result of globalization and the explosion
of digital media.
Reporters and editors are not the mouthpiece of government, corporate
power or even human rights defenders. At their best, journalists who aspire to
tell stories based upon truth-telling, accuracy and fairness; who seek to minimize
harm; and who make themselves accountable, define the essential elements of
what we might call journalism as a public good.
Good journalism raises awareness of what is acceptable and unacceptable,
113
and can remind us of moral responsibilities. It can reinforce our attachment

to acceptable standards of behavior and, in this sense; it is an ally of everyone
striving for democracy and human rights protection. One of the most challenging
tasks for journalists and human rights lawyers is to balance the competing rights
of privacy and freedom of expression. Privacy and media freedom facilitate the
enjoyment of other rights such as free expression, the right to act according to
conscience and freedom of association. Article 8 of the ECHR determines that
every human being has a right to respect for private and family life. There are
instances where media violates the right of privacy of humans in order to sale
their channel or print. In Campbell v. MGN (2003) ALL ER 224, Naomi Campbell
an international supermodel brought action against the Mirror group newspaper
claiming damages of breach of confidence and invasion of privacy as she was
going under treatment for drug addiction.
The apex court of the country in a watershed judgment in the case of Olga
Tellis declared that a man has not only a right to live but to live with human
dignity. Consequently all attributes for living with the dignity of a human soul
namely education, shelter etc. are to be guaranteed and welfare activities of the
State must be directed to ensure socio-economic condition where no one in the
country is deprived of the basic requirements to lead a dignified life. The media
being the watchdog of the nation must work for guiding the people and the
government to move towards such goal relentlessly and in right direction.
RECOGNISING THE PRINCIPLE OF PRESS FREEDOM in

international law
The principle of press freedom is recognised by international law. Anyone
investigating infringements of press freedom must first of all be familiar with the
laws in force that define the inalienable right to provide information. In addition
to general definitions and regional text the investigator should take account of the
relevant aspects of national legislation: general principles concerning rights and
customs as well as constitutions, laws and decrees.
The Universal Declaration of Human Rights: The first sentence of the preamble
to the Universal Declaration of Human Rights adopted by the United Nations
(UN) General Assembly in 1948 states: ‘Whereas recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world.’ The second
sentence of the preamble states: ‘... the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people.’ Article 1 of the
Universal Declaration of Human Rights states: ‘All human beings are born free
and equal in dignity and rights. They are endowed with reason and conscience
114
and should act towards one another in a spirit of brotherhood.’ The first sentence
of article 2 states: ‘Everyone is entitled to all the rights and freedoms set forth
in this Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property,
birth or other status.’ The first sentence of article 7 states: ‘All are equal before the
law and are entitled without any distinction to equal protection of the law.’
The International Covenant on Civil and Political Rights: The Preamble to the
UN International Covenant on Civil and Political Rights2 (ICCPR), which was
adopted by the UN in 1966 and came into force in 1976, reaffirms that ‘recognition
of the inherent dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in the world’
and, consequently, that rights ‘derive from the inherent dignity of the human
person’.
The American Convention on Human Rights: The American Convention on
Human Rights, which came into force in 1978, states in its preamble that it is
recognised that: ‘[T]he essential rights of man are not derived from one’s being a
national of a certain state, but are based upon attributes of the human personality.’
The African Charter on Human and Peoples’ Rights: The African Charter on
Human and Peoples’ Rights, adopted by the Organisation of African Unity and
later by the African Union (AU), entered into force in 1986 and contains a number
of noteworthy statements that underpin the notion of human rights.
The preamble to the African Charter specifically considers that ‘freedom,
equality, justice and dignity are essential objectives for the achievement of the
legitimate aspirations of the African peoples’.
Article 2 of the African Charter states that: ‘[e]very individual shall be entitled
to the rights and freedoms recognised and guaranteed in the present Charter
without distinction of any kind such as race, ethnic group, colour, sex, language,
religion, political or any other opinion, national and social origin, fortune, birth
or any status.’ The first clause in the first sentence in article 5 states that: ‘[e]very
individual shall have the right to the respect of the dignity inherent in a human
being ....’ International recognition of the basic dignity, equality and autonomy
of all people has impacted strongly upon the formulation of fundamental rights,
particularly with regard to freedom of expression. Freedom of expression is seen
as a foundational human right and is internationally protected precisely because
the notions of equality, dignity and individual development or fulfillment require
that when human beings talk or otherwise express themselves, what they are
expressing or communicating is a reflection of who they are, and therefore worthy
of respect and protection.
115
INDEPENDENT MEDIA: A guardian OF HUMAN RIGHTS

Individuals, groups and legal entities are not empowered by human rights
and legal rights unless there are mechanisms they can use to enforce their rights.
In order to be empowered by their rights, Public Service Media whether print
media or electronic media should be able to hold the state accountable for the
fulfillment of its obligations and commitment with respect to Human Rights of
the people who send their representatives on the policymaking posts. At the same
time Public Service Media should be accountable to the viewers and listeners for
the fulfillment of their obligations.
Freedom of expression on the Internet is a fundamental freedom of our age.
Together with Internet privacy, it is vital to our freedoms to communicate and
associate, and to collectively determine how our societies should be run.
The human rights issues raised by the use of online social media like Face
book and twitter for political activism and free expression of the individual, Blogs,
video on social networking sites have become a key forum for political debate and
organization – so much so that they have provoked counter-responses from some
repressive states. The social media is emerging as a big human rights defender as
it has reached into the hands of the youth of the world who freely express their
ideas and ideology as never before as it was restricted only to the journalist or
media experts who were asked to give their views in print and television media.
CONCLUSION
In democracy, the Government cannot function unless the people are well
informed and free to participate in public issues by having the widest alternative
of different solutions of the problems that arise. Articles and news are published in
the press from time to time only to expose the weaknesses of the governments but
also to spread awareness about the lawlessness prevailing in the society, it helps
in reaching the people who are suffering because of the violation of their human
rights and sometimes may also be a medium of their rescue.. The daily newspaper
and the daily news on electronic media are practically the only material which
most people read and watch. The people can, therefore, be given the full scope for
thought and discussion on public matter, if only the newspapers and electronic
media are freely allowed to represent different points of views. Freedom does not
mean to offend the others with the power of pen in the hand; this freedom and
independence should be rationally used in the welfare of the mankind. Freedom
of press may be inserted as a specific fundamental right under Article 19 of the
Constitution of India with reasonable restrictions, limitation of freedom of press
should be clearly allocated. Free press should not violate right to privacy of an
individual.
116
References
Universal Declaration of Human Rights, Art 19, G.A. Res. 217A (III), U.N. GAOR, 3d Sess.,
U.N. Doc. A/810 1948. Which states, "Everyone has the right to freedom of opinion
and expression; this right includes freedom to hold opinions without interference and
to seek, receive and impart information and ideas through any media and regardless
of frontiers."
Campbell v. MGN 2003. ALL ER 224.
Olga Tellis & Ors vs Bombay Municipal Corporation & others 1986 AIR 180.
Papnasam Labour Union v. Madura Coats Ltd 1995. 1 SCC 501.
Arundhati Roy, In re 2002. 3 SCC 343.
Pennekamp v. Florida 328 US 331 : 90 L Ed 1295 (1946) 2005. 6 SCC 109 per Y.K. Sabharwal,
J. (for himself and Tarun Chatterjee, J.) Miami Herald Publishing Co. v. Tornillo,
418 U.S. 241 (1974).
Express News Paper(Private) Ltd. v. Union of India 1959. 1 S.C.R. 12.
Robert A. Sedler 1991. The First Amendment in Litigation: The "Law of the First Amendment," 48
WASH. &LEE L. REV. 457.
A right to offend? | Media | The Guardian www.theguardian.com last accessed on 29th May
2014 3.03 PM.
http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_
pdf=1&id=6752 last accessed on 30th May 2014 11:10 AM.
117
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.
118
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.
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.
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Vol. I.

No 1 January-June, 2014 ISSN: 2349-1086

A Biannual Referred Journal

A Biannual Referred Journal

Please send your subscription in the form of DD/Cheque or Cash to:

Printed by Army Printing Press, Cantt. Nehru Road, Lucknow

Executive Assistant Editors

Prof. A.K. Singh

Prof. Balraj Chauhan

Prof. Sultan Khan

Ms Ana Rita Fnery

Mr. Ashish Kumar, IES

Mr. Jawahar Lal

Mr. Mithilesh Kumar Mishra

Mr. Nikhil Maurya

Prof. Shanta B. Singh

Vol. 1. No.1, January - June, 2014

S.No Title Page No.

1. Victimization and Victim Impact Statements: 01

2. The Theory and Praxis of Local Government – Finding 22

3. The Changing Nature of Crime after Second World War 47

4. Expected Research Contribution in Internal Security in India 67

5. Effects of Locus of Control and Gender on Risk Taking 72

6. The Need and Importance of Electoral Reform: 84

7. Dowry: Legislative Impact on the Esteemed Social 89

8. Independent Media: A Key Institute to Promote Human Rights 109

Victimization and Victim Impact Statements:

University of KwaZulu-Natal, South Africa

Consequences and Impact of Victimization

resemble the rapist through the process of stimulus generalization. Eventually,

Physical Consequences of Victimization

Emotional and Psychological Consequences of Victimization

POST TRAUMATIC STRESS DISORDER (PTSD) AS A

l The person directly experienced an event or events that involved actual

4. Duration of at least one month of symptoms.

THE FINANCIAL IMPACT OF VICTIMIZATION

found to reside in high-crime communities in many countries (Canadian Resource

THE PURPOSE OF VICTIM IMPACT STATEMENTS

The Legal Framework for Victim Impact Statements

The Victim Charter and Victim Impact Statements

THE AIM OF THE SOUTH AFRICAN VICTIM CHARTER

International comparisons and Implementation of Victim Impact

Critique of Victim Impact Statements

be victimized. Sexual assault victims do not choose to be raped; parents do not

The Theory and Praxis of Local Government –

School of Social Sciences, University of KwaZulu-Natal – South Africa

confident that the post-apartheid form of local government is a major deviation

THEORETICAL PERSPECTIVE ON LOCAL GOVERNMENT

LOCAL GOVERNMENT - A CONCEPTUAL FRAMEWORK

Whilst participation is important for the effective delivery of services, it

transfer of development responsibilities; passive support for or opposition to

THE SOCIAL, POLITICAL AND ECONOMIC CONSEQUENCES

development had caused increased urbanisation and rapid mushrooming of

"a racially fragmented and discontinuous land and settlement patterns,

Table 1 BLA Councillor Resignations

Cape 93 54 (58%) 39 (42%) 636 358 (56%)

(Source: Race Relations Survey (1991/92: 469-470)

Whilst institutional means of participation provided for by the apartheid

government structures rather than actual participation in these institutions

POST-APARTHEID LOCAL GOVERNMENT POLICY REFORM

in order to negotiate the appointment of temporary councils to govern local

PRESENT PROBLEMS AND DIFFICULTIES EXPERIENCED IN

in South Africa is experiencing problems and difficulties in achieving its goals.

administration poorly developed. The Mount Grace consultations in 1991