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Blood on the wall More power for Punjab |
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Stalking – Gujarat model of governance?
The importance of being tactful
Police needs to drop masculine image
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Blood on the wall Any
parent-child story is everybody's story, which is why a sense of closure was very important in the Aarushi murder case, not just to those involved but to the people at large. And that is precisely what has not happened despite a conviction and life sentence. It could not have happened either. Were the Talwars found not guilty, a young girl's murder and that of a man along with her would have gone unsolved. With the guilty named, it is extremely disturbing to realise the parents not only killed their only child but also cold-bloodedly went about destroying evidence. The horror of it may make it difficult for many to accept the verdict. The five and a half years between the murder and the judgment were full of upheavals in the investigation and trial, all of which made the process even more unsettling, and leave plenty of scope for debate over the court's finding. The various investigating agencies and teams involved are to blame for this. The court only deserves praise for insisting on trial, and then being able to deliver a conviction despite the dithering by the CBI, and knowing full well the media scrutiny that would follow, not to mention the higher court's review. Any conviction for murder based on circumstantial evidence is fraught with the risk of being overturned. The case has left a virtual trail of botched-up evidence handling - swab sent to the forensic lab turned out to be not from Aarushi; wrong name was mentioned in a DNA report; medical reports were not accurate and complete; the UP police did not spot Hemraj's body on the first day. All of this weakened the prosecution's case. Now there has to be a thorough probe into each of these lapses. That will not only help establish the facts of the case better but also contribute to corrections in the system. The media needs to do some introspection too, as it swung from one extreme to the other, possibly influencing some of the investigating agencies' decisions. A child is lost, but none of us - from parents and instruments of governance to society with its mores - has behaved grown. |
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More power for Punjab THE Akalis are rightly taking credit for the thermal power plants being set up by private companies in Punjab. It was proudly stated that the Punjab Chief Minister had personally secured Central clearances for the thermal power plant that was opened at Talwandi Sabo on Monday. It is a commercial venture by the Vedanta group. Another thermal power unit is coming up at
Rajpura, which will be commissioned by L&T on December 8, coinciding with the birthday of Parkash Singh
Badal. Monday's political function was used by the Chief Minister to project his daughter-in-law, the MP from Bathinda who is seeking re-election in 2014. The day also saw Akali workers take upon themselves the police role and thrash unemployed linemen seeking jobs. Any power unit getting commissioned in Punjab, given the supply-demand mismatch, is welcome but the real challenge is how to make power access regular and competitive for industry and affordable for ordinary people. Coal supply is erratic. Power shortage, high land prices, red tape and corruption are among the irritants that turn away industries from the border state. With at least two of the three private units becoming operational in the near future, the situation would, hopefully, improve. Deputy Chief Minister Sukhbir Singh Badal needs to focus on hurdles the industries face in Punjab if he wants his recent interaction with industrialists to bear fruit. Political rhetoric alone cannot help projects take off. The populist policy of free power supply has financially ruined Punjab in general and the power utilities in particular. At least the subsidy can be limited to small farmers and other vulnerable sections. The irregular payments of power subsidy, non-professional management and resistance to reforms have left the state utilities with little cash to invest in power generation. While projecting Narendra Modi may be the political necessity of the Badals, there is no harm in learning from Gujarat how to make round-the-clock power a reality in the state.
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Thought for the Day
The sound of a kiss is not so loud as that of a cannon, but its echo lasts a great deal longer. —
Oliver Wendell Holmes
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The Scottish Temperance Act One of the important provisions in the new Temperance (Scotland) Act of 1913 is the power given to the people to control the liquor shops within any area. On the requisition signed by not less than one-tenth of the people in any area, demanding a poll under the Act, the local authority must cause such a poll to be taken. If 55 per cent of the votes recorded, and not less than 35 of the electors, have voted in favour of a "no license" resolution, it shall be carried Any resolution so carried is to come into effect on the 28th May following. If in a country where the bulk of the people drink moderately, such powers are given to the people in respect of licensing a liquor shop, why should not a similar arrangement be made in Indian towns and cities where reform is much more imperative, because the people are averse to drinking? The local Excise Committees can be suitably constituted and the objections of the people to any liquor shop heard in the interests of public welfare. General Botha on war path
It will be seen from to-day's telegrams that General Botha is actually on war path. We need not learn moderation from the truculence of the Boers. After a scandalous violation of promises solemnly given - a violation which is presumed to be due to party tactics-it does not lie in the mouth of General Botha to accuse the Government of India in the manner he has done. The Imperial Government ought to protest against the language which the General has used towards the Government of India. It is an irony of fate that even when General Botha was preaching moderation the Natal police should have shot down three Indians and wounded 20 Indians.
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Stalking – Gujarat model of governance? Narendra Modi
has been breathless profuse in telling the country of the Gujarat development model and what it can do for you and me. Now we have the snooping-stalking case that provides a vivid example of the Gujarat governance model and what it can do to any or all of us. If the development story was portrayed as a block-buster, the snooping-stalking stir is a most eloquent silent movie, with the BJP's chorus boys and chorus girls giving us a moving running commentary of the right and duty to protect, of piety, and the sins of others. The interesting thing is that it not only sheds light on the current controversy but also on the events of 2002 and subsequent encounter killings and the framing of officials who break ranks. Amit Shah, Modi's right hand man and star performer in the current drama, out on bail on a criminal complaint, plays the hero's role. Like Om Puri in the famous film "Aakrosh", he does not emit a single word or sound, in a stellar, stoic performance of immense fortitude at a time of trial. And Modi, aloof and loftily above the fray, soldiers on regardless to save India - or as much as in his judgement is left to save - leaving it to lesser mortals like Rajnath Singh, Arun Jaitley and smaller BJP spokespersons to deny and yet confirm by heroic contradictions the epic now playing in all theatres. There are two sides to the 2008 snooping-stalking story. On the one hand, we have a caring Chief Minister doing all it takes to protect the daughter of a family friend from some unknown harassment, even danger at the father's oral request and the alleged consent of the young woman. On the other, we find every rule in the book subverted through unrecorded oral orders to conduct what looks like 24x7 surveillance and invasion of privacy of the lady by an army of policemen, including men drafted from the anti-terrorism force and senior officials, under the direct orders of the MOS Home Department, Amit Shah, who reports to and takes instruction from "Sahib" (Modi), who wants her tracked minute by minute, day and night, at home and outside, in Ahmedabad and Bombay, on the flight, in hotels and restaurants, and through phone-taps. He wants to know who she is with, the men she is meeting, with words like "trap" and "escape" occurring in sundry conversations leaked in a sting operation. Some "protection" that! The other version is that Modi had had an amorous consensual relationship with the young woman, since married, in his rare spare time when not "developing" Gujarat and was now anxious that this not be revealed in any manner. Whether this be true or malicious gossip is a separate matter and has no bearing on the processes by which citizens seek and are offered police protection. Muslims were also "protected" in Modi's Gujarat in 2002 when again there was alarm and uproar on one side and a loud silence and impassioned expressions of not-so-tender concern of a certain kind on the other. A Modi observation broadcast over Doordarshan at that time emphasised that "if raising issues relating to justice or injustice adds fuel to the fire, we will have to observe restraint and observe peace". The father of the young woman in the centre of the storm, Mr Soni, has written a letter to the National Commission for Women asking that its proposed inquiry be dropped as neither he nor his daughter wants any further invasion of her privacy and the matter is politically motivated. The NCW is not sure of the authenticity of the letter as it was merely handed to a security guard at the gate and, though signed, carries no phone number or email ID. The NCW has given the father seven days' time to appear before it as it is satisfied that what was provided was not "security" but amounted to surveillance and an invasion of privacy. The Congress party has asked for an inquiry by a Supreme Court judge and the Home Minister has said he is looking into the matter. The BJP is vociferous but very much on the back foot as its stand here contradicts its strident demands for inquiries, dismissals and resignations when arraigning wrongdoings by others regardless of due process. The side-show controversy about whether Modi has erred in referring to the Congress election symbol as a "khooni panja" (bloodied hand) is as exaggerated as was the BJP reaction some years back to Sonia Gandhi's reference to Modi as "Maut ka Saudagar" (merchant of death). Modi has explained to the Election Commission that he was speaking colloquially. The point is well taken, but "maut ka saudagar" is an equally colloquial expression. Extreme touchiness is unwarranted and understanding is unlikely to improve if we denigrate language and are hare-brained enough to ban English as Mulayam Singh has advocated with cheerful irresponsibility. The controversy over Bharat Ratna - why Tendulkar and not Dhyan Chand, or Tendulkar before or not, why not Atal Bihari Vajpayee also — is unbecoming. Canvassing for Padma awards in the bazar is unseemly and there is little doubt that the whole process of selection has been politicised. Maybe it is time to institute a National Awards Committee with relevant officials and independent outsiders to make the recommendations. Finally, Gen V.K Singh has apologised to the Supreme Court for inadvertently scandalising it for its judgment on his age issue. The court has graciously accepted his apology. But Singh has also replied to the J&K Assembly Speaker on the privilege notice sent to him for stating that J&K politicians had been regularly paid out of Army funds. His denial here is problematic as those who heard him on TV know that he had made the sweeping remarks that he later sought to explain away. His recently published biography, "Courage and Conviction", shows him to be a good soldier. However, unbridled ambition probably led him to say and do things, starting with what he pleads was an inadvertent entry of his age at the very commencement of his career, which led to his undoing towards the end of an otherwise distinguished innings.
www.bgvrhese.com
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The importance of being tactful Quite
often we talk without thinking and blurt out things which land us and others in embarrassing situations. Army life with strict discipline and tough life also offers you with all fun and enjoyment. A young officer was on leave and went for breakfast to his fiancee's place. The girl was so overjoyed that to impress him, while playing the perfect host, enthusiastically asked him, "Would you like to have some yellow butter?" To this the officer promptly replied, "Is there any black butter also?" In another incident an officer's wife, who did not believe in wastage, called another officer and his family for lunch the next day so that the leftover food of the previous night's party could be used and she did not hesitate in mentioning the reason behind the lunch party, which left the guests in a shock. It's taken as a privilege when a senior invites you for dinner at his place, which you cannot decline until and unless you have some work which is inevitable. But this junior officer declined the offer of his senior as his wife was doing her research work and was on leave for only a few days. The love birds did not want to get disturbed. A bachelor who was about to get married, very proudly displayed the photograph of his would-be wife on the request of the unit ladies. But he was rather shocked when the ladies, instead of praising his fiancée, appreciated only the photo frame. In the Army, the commanding officer (CO) is often referred as the 'old man', which may not hold true in today's scenario as the officers at a very young age are getting their commands. But a young officer landed himself in trouble by calling the CO's wife as a COW -- which stands for commanding officer's wife -- in front of other officers. This was rather tactless on the part of the officer. Once a senior lady in very stern words conveyed to the officers' wives that if anybody showed displeasure in participating in the fashion show for the ladies meet, then their husbands would have to bear the consequences during their upcoming promotions. An officer got the biggest shock of his life when another officer's dog came running towards him and pounced on him and the other officer, instead of taking charge of his dog, starting instructing the affected officer to "stay put". Once in the middle of a party in a mess, a lady, not much acquainted with the norms and working of the organisation, went direct to the CO and started complaining about the workload her husband had and objected to his late night duties. Being tactful is an art which comes naturally to some people. But if you are still struggling to achieve it, despite the best of efforts and cannot attain it, then ignorance is bliss.
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Police needs to drop masculine image The
year 2013 has been significant for the movement of gender rights and justice. The global campaign of One Billion Rising, in February 2013 was a landmark in bringing about greater awareness to end violence against women around the world. In India, the public outcry of December 2012 led to an agitated response for more effective laws and a demand for a more sensitive law enforcement system to protect women.
The Criminal Law Amendment Act of 2013, defines new offences of crime of sexual assault against women with severe penalties. Women’s safety and security is a basic right and also an essential pre-condition for their entitlement to all other rights. The legal reforms should help women break their silence on sexual harassment of any kind, and then build a law enforcement system that protects and ensures their safety. The challenge today lies in making the public and private life safe for women.
Along with the legal reforms, there has been a lot of emphasis on the police reforms. The first agency that puts the criminal justice system in motion is the police. The civil force, responsible for the maintenance of law and order has been traditionally viewed as a masculine force. Police needs to be transformed into an organisation that acts professionally and is accountable and responsive to the needs of the community. Various committees as well as the Supreme Court have stressed upon the need for bringing about police reforms. However, only piecemeal reforms have taken place in our country. Gender sensitive police reforms is the need of the hour, due to the prevalent culture of gender- based violence .Crime statistics indicate the gravity of crime against women, there has been a maximum rise in the crime of rape. From 1971 to 2012, the increase was 902 per cent. Cases of sexual harassment have shown a rising trend, which is expected to grow in the coming years, with more women joining the work force. There are two main components of the gender sensitive police reforms. One aspect focuses on remedying the pervasive gender imbalance within the police force, which has been traditionally male dominated and the second component is mainstreaming. Under this component all the policies and practices in the police need to be made gender sensitive. Both gender balancing and gender mainstreaming are essentially two sides of the same coin.
Gender balancing Worldwide, women entered the criminal justice system in response to the increased societal violence. Gender- based instances of violence, like domestic violence, human trafficking and sexual assault pose one of the greatest threat to human security. The National Police Commission (1980) pointed out that women police have a crucial role to play in areas where police come in direct contact with women. The need for more women in police is felt because they are able to interact efficiently with other women than their male counterparts. Also, the visibility of women in police helps to dispel the negative sentiments of distrust in police and boost public confidence, particularly for women. In India, the first Women Police Unit was established in the erstwhile Travancore state of Kerala in 1938. The concept of having women police was felt during the labour strike in Kanpur in 1938, where the need to control women workers by the armed police force was required. The formal recruitment of women in Police force in India started on a regular basis only after Independence. During partition, large number of incidents of kidnapping, abduction, rape and violence against women and children in relief camps were reported and the need for women police force was felt. After Independence, some lady constables were recruited in Punjab for management of refugee camps in 1949.
The glaring disparity Presently, there are 84,479 policewomen in position covering all the states and UTs, out of a total strength of 21,24,596 police personnel. It constitutes a mere 3.98 per cent of the total police force (based on sanctioned strength) and is 5.33 percent (based on the actual strength police that comes to 15,85,117), as in January 2012.There were 510 women police stations at the end of 2012. Further, the Central Government maintains seven Central Police Armed Forces (CAPFs) for specialised tasks. There are 15,071 women posted in CAPFs, mainly in CRPF (35.9 per cent) and CISF the number is 4,815 (31.9 per cent). A global comparison indicates that developed countries and Sub- Saharan Africa have the largest population of women police with 13 and 12 percent respectively. In 2007, the first female U.N. Peace keeping contingent comprising of 100 highly trained Indian women police officers was sent to Liberia. This served as an inspiration to the public there, and was also a major catalysis for bringing more women in police, since women police were seen as positive role models. Another primary argument of introducing women in the field is due to the gender unique skills and abilities and special competencies. A set of complex and unsettling changes in society demand an intelligent use of emotional skills required to deal with situations for police interventions. While the common grievance with the police is that they are rude, indifferent, abusive, intimidating and corrupt, women police with right inputs of training can be used to change this perception. Secondly, women are thought to be better at communication, more nurturing and more empathetic than men. Different set of skills from investigating officers are required today, for instance dealing with victims and survivors of trafficking and sexual assault cases require great sensitivity and understanding. In this regard, women police officers will be more suitable, as rapport can be easily established by them with the victims.
Mainstreaming women In recognising the need for specialised approaches to gender based violence in law enforcement, the UN General Assembly passed resolution 52/86 on Crime Prevention and Criminal Justice Measures to Eliminate Violence Against Women. This resolution provides guiding principles for the design of new operating practices and procedures to be applied to specialised units. It provides for special Crime Against Women (CAW) cells in different states where such crimes get reported and have to be dealt with. Ironically, these may also create problems for victims — for instance, a victim may go to a thana that is closer to her residence, but then she is asked to approach the CAW cell, which may be quite far. Such jurisdictional issues add to the confusion for the victim in her battle for access to justice. Research into efficacy and impact of nearly 500, all women police units, and victims feedback will help in identifying the gaps. More women in each thana will definitely help, as women police will also get the confidence to deal with all kinds of cases. The chauvinistic work practices need to be eliminated. Contextual discrimination is also harmful, since it implies that women officers should handle cases only like domestic violence, dowry, and male officers are to be assigned with all kinds of cases. Another caution is that more women in the police does not automatically guarantee a more gender- sensitive police service. Women police may also have the same set of attitudes, and gender biases. A shocking example of insensitivity was the custodial lock up of a young rape victim in U.P., this year, by the women police. This may also be due to the fact that the incentive systems and training may still reinforce operating practices that discriminate against women, particularly if women in the police are present in just token numbers. This also underlines the fact that gender sensitisation training is essential for both men and women. Sometimes, women too are caught up in the hyper- masculine image of the police organisation.
Chauvinistic work practices
No khaki for women There are only 84,479 policewomen in position, covering all the states and
UTs, out of a total strength of 21,24,596 police personnel. It constitutes
a mere 3.98 per cent of the total police force (based on sanctioned strength). Going by the actual strength of police, that is 15,85,117, as in Jan 2012, it comes to 5.33 per cent. In Sub-Saharan
Africa, women constitute 12 to 13 per cent of the police force.
The special competencies attributed to women, may work as a double- edged sword for women in the field. While interacting with women police in different training programmes two factors emerge to be most stressful for the women police. These are; role conflict and being perceived as less equal to male counterparts. Women police are often not assigned investigative duties, not made in charge of thanas, and are given soft duties. The male officers also complain about lack of professionalism in them. Recruitment drives targeting women must avoid gendered divisions of labour and power that relegate women to the lower ranks and the least valued tasks. The National Conference of Women in Police has deliberated upon various functional and operational issues of women in police. So far five such conferences have been held. The fifth National Conference of Women come out with certain recommendations for improving facilities and these include recommendations like day care centres / crèches, separate barracks for women personnel , flexible working conditions, issues related to sexual harassment at workplace, gender mainstreaming, grievance redressal mechanisms, welfare measures and gender sensitisation programmes. These need to be implemented. Some of the most insensitive remarks about gender- based violence have come from the leadership of law enforcement agencies. An invasive and insensitive behaviour from the top has trickledown effect and also reinforces the prejudiced mindsets of the subordinates. Zero tolerance policies with respect to sexual harassment and abuse are essential elements of gender-sensitive police reform and must be backed by strong enforcement actions, including complaints mechanisms, to demonstrate a high level of commitment to gender equality.
Upneet Lalli is Deputy Director, Institute of Correctional Administration, Chandigarh, and Praveen Kumari Singh is Director, State Relations, MHA, New Delhi
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Once after a dinner party in a mess, when all officers and ladies were in the process of saying goodbye to each other and about to leave, a lady was obstructing everyone as she was in conversation with a senior's wife and was not bothered about others' inconvenience. Suddenly an officer, who couldn't contain his displeasure, intervened by saying, "Ma'am the point has been registered, shall we take your leave now?". This may have provided relief to the senior lady and others present, but left that lady sulking and furious.