Central Reserve Police Force- Staunch Sentinels

CENTRAL RESERVE POLICE FORCE

Staunch Sentinels

CRPF today is the largest Paramilitary Force in the country with the strength of almost 230 Bns. The total strength of the force today is approx 2.9 lakh and it is deployed all over the country from Kashmir in the north to Trivandrum in the south, Gandhinagar in the West to Manipur in the East. This force, which was raised in the year 1931, has now been designated as the main counter insurgency force for the country. This mandate was given in the report filed by the Group of Ministers on National Security after the Kargil war incident. 

Deployment 

CRPF is today deployed in 3 major operational theatres of the country namely Jammu and Kashmir, North- East and the Left Wing Extremism- affected areas. The force has a deployment of almost 60 Bns in J&K, 35 Bns in NE and almost 75 Bns in the LWE- affected areas. 

There are a number of other States also where CRPF is deployed namely Haryana, Punjab, Jammu & Kashmir, Rajasthan, Gujarat, Maharashtra, Karnataka, Kerala, Tamil Nadu, Uttar Pradesh etc. 

Special Forces 

RAF - CRPF was initially raised to counter the varied law and order situations arising in the country. A specialized force called the Rapid Action Force (RAF) was thereafter raised in the year 1992 to deal with rioting and other grave law and order problems. Today there are 10 Bns of RAF located at places, which have traditionally faced law and order problems in the past.

This Force has rendered invaluable service during the 1993 floods in Delhi, 1994 floods in Surat, 2001 Earthquake in Gujarat, 2004 Tsunami in South India.  In recognition of all such efforts, this force was decorated with the President’s Colour’s in the year 2003. 

It has also proved its competence on a global level also by regularly sending specially trained contingents of Female Formed Police Units to Liberia since 2007 and also Male Formed Police Units to Liberia since 2009. 

CoBRA - A specialized Commando Force was raised in the year 2008 and was named Commando Battalion for Resolute Action. This is a specialized commando force whose expertise is in conducting stealth jungle operations and has the capacity to stay covertly inside jungles and survive on their own for more than a week. The skill-set of personnel of all the 10 Bns have been honed by getting them trained in the Counter Insurgency and Jungle Warfare School (CIJWS) at Vairengte, Mizoram.  They have also been given intensive anti-naxal training to counter the strategy and the designs of the naxals by getting them trained with the Greyhounds force of AP and also conducting joint operations with them.  Since their inception, they have proved their worth by apprehending over a thousand naxals and  insurgents and neutralizing almost a hundred such anti-nationals. 

This Force is presently much in demand by the different States and nine of its Bns are currently deployed in the LWE area whereas one of its Battalion is conducting anti-insurgent operations in Assam. 

Hot Springs Incident

            After the occupation of Tibet by China wherein Dalai Lama was forced to flee Tibet, the Indian Government sent two Coys  of CRPF to Ladakh to guard its borders.  10 outposts were established deep inside territory of Ladakh to prevent any Chinese aggression and act as a first- sound post for the Army authorities.  At that point of time there were no roads or any communication link.  However, on 21^st October 1959, twenty CRPF personnel who were out patrolling in Hot Springs area came under severe attack from the Chinese troops without any provocation.  10 CRPF personnel were killled immediately whereas the others fought bravely and were able to repulse the attack for quite some time.  This act of the Chinese caused widespread resentment in the country and the Indian Government decided to salute the bravery of these martyred CRPF personnel by declaring 21^st October as a ‘Police Commemoration Day’.  Every year on this day police forces all over the country pay homage to the martyred police personnel who have made the supreme sacrifice of laying down their lives for the cause of bringing peace and order to their motherland.  

            A police contingent is sent every year to this location at Hot Springs in Ladakh where a memorial service is held on this day at the Martyr’s column, which has been erected at the site of the incident.

Foreign Missions

            CRPF first participated in the IPKF Mission in Sri Lanka in the year 1987-89.  It has subsequently participated in the UN Mission in Cambodia (1991-93), UN Mission in Haiti (1994-95), UN Mission in East Africa, Somalia and Mozambique (2000-05), UN Mission in Kosovo (2000-05 ), Female Police Unit in Liberia (2007 onwards), Male Police Unit in Liberia (2009 onwards).

Mahila Battalion

            The Mahila Battalion was first formed in the year 1986.  It has come a long way since then and has proved its worth in a number of sensitive situations.  Today there are three Mahila Bns and there is a proposal to raise another Mahila Bn in the near future also. 

            The brave Female officers of CRPF have done their service proud with Mahila Constable Kamlesh Kumari being awarded the highest peace-time Gallantry Award  Ashok Chakra for her act of bravery in defending the Parliament in terrorist attack on 13^th December, 2002. Constable Bimla Devi  was conferred the Sena Medal for recovering a large quantity of explosives on 31^st August, 1988 at Jaffna where she was posted as a part of Indian Peace Keeping Force. Similarly AC Smt. Santosh Devi was awarded the President’s Police Medal for Gallantry in the year 2002 for bravely defending the holy Ayodhaya shrine against the militants.

Decorations 

            This force whose main task earlier was to control law and order in the country has now graduated to become the main counter insurgency force in the country. It has proved its worth in all the major disturbed theatres of the country and has won laurels for its performance in J & K, in all States of North East and also while controlling the naxal menace in the LWE affected states. Since its inception the force has been the proud recipient of various decorations as the George Cross Kings Police Medal for Gallantry, Ashok Chakra, Veer Chakra, Shaurya Chakra, Padma Shri and other medals for gallantry.   With a strong thrust on anti-naxal operations in the last three years, this force has done exceedingly well and is the proud recipient of 04 Shaurya Chakra’s, 18 PPMGs, 178 PMGs in last two and a half years only (2011 – 13).

Operations

            The main thrust of operations as on date is in the three major theatres of Jammu & Kashmir, North East and LWE areas.  There are 60 Bns of CRPF deployed in J&K, 35 Bns in North East and 75 Bns in LWE areas. 

            In Jammu & Kashmir, CRPF has been fighting shoulder to shoulder with J&K Police and Army.  Very good intelligence based joint-operations have been conducted and a number of militants and leaders of banned outfits have either been apprehended or neutralized.  A significant amount of arms and ammunition have also been recovered in the process.  There is excellent coordination with all different agencies in J & K and it is a result of this good synergy that CRPF is much in demand in the State of J&K and is today the preferred force for anti-insurgency operations. 

            In North East, CRPF is deployed in all the Seven sister States and has done commendable work in curbing the insurgent activity herein.  Over 200 insurgents have been arrested in the current year and quite a few have also been neutralized.  There has also been substantial recovery of arms and ammunition and with the pressure mounted by security forces,  a number of insurgents have also surrendered in the process. 

            The LWE poses the maximum challenge to the security scenario of the country and that is why even the Prime Minister of India dubbed it as the number one internal security problem facing the country today.  CRPF which is deployed in all the LWE States is the main bulwark for conducting anti-naxal operations in these States and is definitely the most preferred Central Armed Police Force by the different States for conducting joint operations. The CRPF presently along with specialized CoBRA Forces have launched aggressive operations in remote and inaccessible areas by using excellent technology support and have achieved excellent results.                           

            The CRPF did suffer setbacks in Chattisgarh in the year 2010 at Chintalnar where it lost 75 of its personnel and once again at Dhaudai where it lost 27 of its personnel within a time gap of three months.  However, the force was quick to learn its lessons - laid a great amount of emphasis on training, provided excellent leadership by posting operationally ‘A’ class officers in all these areas and showed an excellent learning curve whereby on the one hand they were able to inflict heavy losses on the naxals, ensured large amount of apprehensions and on the other hand they started moving tactically, using the best available technology support and reduced their losses in a major way. 

            The CRPF personnel have in the last two years moved into so called inaccessible liberated areas and launched major anti-naxal operations in Maad area and southern Bijapur of Chhattisgarh, in cut-off area of Odisha, Bhimbandh and Chakrabandha in Bihar and Saranda, Budha-pahar and Latehar areas of Jharkhand.  All these have led to an increase in the number of naxals apprehended / neutralized and also an increase in the number of encounters with the naxals. As a result of this, the recruitment amongst the naxals has gone down, the number of reported training camps have reduced and their holding of Jan Adalats has also gone down.  Intelligence sources have indicated that the senior naxal leadership of the Maoists is concerned about the regular ingress of security forces in their safe-havens, the constant attrition in the naxal cadres and the losses which the security forces have inflicted on them in the last one and half years.

Training 

            A great emphasis has been laid on training the CRPF personnel for anti-insurgency and anti-naxal operations by opening new specialized schools and also by opening new training centres at different places.  

            A new Institute of IED Management has been opened at Pune, which provides complete information about the different kind of IEDs that are being used by naxals in different theatres to all the CRPF personnel so that this threat can be neutralized in a major way. It is to be kept in mind that since the firepower and training of the security forces has become much better in the last couple of years, the naxals have been resorting to IED in a major way to inflict damage on the security forces. 

            A National Institute of Jungle Craft has also started functioning at Belgaum, Karnataka which has been approved by MHA.  The specialized training of the CoBRA Force is held here to give them the cutting edge in their anti-naxal operations. The use of latest weaponry as UBGL, MGL and CGRL has been incorporated and emphasis has been laid on use of latest technology in navigation as GPS and ensuring various kinds of surveillance methods. There is great emphasis in this school on employing the right kind of field craft and tactics and preparing the specialized CoBRA Force for long duration stealth operations in the remote jungles for periods ranging from  7-10 days. 

            A Dog Breeding & Training School has also been opened at Taralu near Bangalore where specialized dogs as Labradors, German Shepherds and Belgian Malinois are being trained to track the movement of naxals and to sniff-out explosives from jungle tracks and other areas wherein the security forces move. The school has been very successful and the canines have been providing invaluable support to the security forces while conducting operations inside deep jungles. 

            A new National Academy of Public Order Management has also been opened at Meerut, UP wherein the RAF personnel are being trained to scientifically deal with law & order situations by using latest techniques in non-lethal weapons.

CONCLUSION

            The  CRPF has come a long way from merely dealing with law & order situations to being the lead force for counter-insurgency and anti-naxal operations in the country.  The force personnel have graduated from the use of mere lathis and cane-shields in controlling law & order situations to using UBGL, CGRL and GPS and other related devices while conducting operations.  There is great emphasis on specialized training and this is what is helping the force to achieve laurels in different theatres in the country today.  The force is young, has good leadership and with excellent firepower and training is today well equipped to serve the country in an effective and professional manner.

Pankaj Kumar Singh   IPS

IG Operations, CRPF

( 2137 words)

( Published in Defence and Security Alert, July 2013, pages 40- 44 )

Pankaj Kumar Singh   IPS

IG Operations, CRPF

Pankaj Kumar Singh- Family photos

Challenges for Police

The world today has become a global village, geographical boundaries have become history, communication of all kinds is instantaneous and travel across continents has become the order of the day. The challenges before the police in the times to come will increase manifold. Some of the areas of concern will be -

Cyber criminal - Globalisation has stretched itself across the globe in a seamless fashion and consumerism and commercialization can be seen all over. All this has given rise to the cyber criminal who is tech savvy, uses the latest in technology to cover his tracks and indulges in cyber crime, money laundering, weapons and drugs smuggling, finances insurgencies and wars in banana republics etc. The cyber cop therefore has to be abreast of the latest developments in science and technology to outsmart, outwit, detect and apprehend this cyber criminal.

Terrorism – A concerted approach is required today to tackle the scourge of global terrorism. This must incorporate short term security measures as well as the long term solutions pertaining to legislation, political, economic and other social activity. Strong legislation similar to Patriot Act(2001) of US, Terrorism Act(2006) of UK, Anti terrorist Act(2005) of France etc are essential to counter the designs of terrorists and strengthen the arms of law enforcement agencies by permitting them to zero in on the nefarious designs of such organizations and save the lives of innocent citizens.

Anonymity – Geographical boundaries have ceased to exist, communication across the world is instant and global travel is common. All these on the one hand have opened up the economy and brought prosperity to countries but on the flip side have also given anonymity to the transnational criminals and mafias who sitting anywhere in the world can commit crime using computers and cyber-highway.
It is therefore imperative for India to introduce the concept of National identity cards to track individuals for the purpose of taxation, extending socio-economic benefits, checking illegal migration, locating criminals, facilitating elections online and ensuring better governance. A pilot project is already underway since 2003 to issue multi-purpose national identity cards to all citizens above the age of 18 years in twelve States and one UT.

Technology – Technology can play the role of a force multiplier by acting as a silent policemen and conducting surveillance and interception of suspicious persons and places. Use of GPS, mobile tracking, smart GIS systems are already in vogue. Scientific techniques must also be used for quality investigation as DNA mapping, Narco-analysis, Brain mapping etc.The latest advancements in the fields of IT must be incorporated to make police more effective and cyber smart.

Reliable witnesses – It is quite common to hear of witnesses turning hostile on account of intimidation, harassment or even allurement. The BMW case, Nitish Katara case, Best Bakery case etc show the tendency of the witnesses to turn hostile when the accused are high and mighty. A good Witness protection programme is essential to secure successful prosecution, ensure anonymity of crucial witnesses and encourage law abiding people to speak out the truth. The guidelines issued by the High Court of Delhi in Neelam Katara Vs UOI & Others(2003) can be a starting point.

Speedy disposal – Our Courts are today burdened with over 2.5 crore pending cases. Cases under trial are increasing each day. Concepts as Plea bargaining, limiting the number of appeals, suggestion of the Supreme Court that all criminal cases pending trail for over five years be fast tracked etc are suggestions worth pursuing. This is essential to reduce the heavy expenditure incurred by the State for keeping the accused in jails and transporting them to different cities and courts for trial purposes – all the while ensuring safety and security so that they do not escape from custody.

Reaching out – Demands for increasing transparency and accountability in the police working is making police move from the role of a traditionally feared policeman to that of a friend in need. A number of programmes as Janasahbhagita, Community liaison groups, community police officers etc have been initiated and many more similar ones are required to make the people realize that strengthening the hands of the police can make our societies safer and more secure by having more public-policemen in the society.


India today is an emerging economic and military super power. It is therefore important that the Policing system in the country is strengthened, the law is held supreme by all and the anti nationals and organized criminals do not try to subvert our country’s march to prosperity and progress.

(754 words)

Pankaj Kumar Singh, IG Police,
Jaipur Range-I, Jaipur


(published in newspaper DNA, Jaipur ON 13th June, 2008)

Jaipur Police- Initiatives

- Pankaj K Singh IG, Jaipur- I



The Police today is beset with a myriad range of problems. Some of these are local in nature whereas some have interstate and national ramifications. The age old Police Act of 1861 governed the functioning of the Police department till recently. However the Supreme Court has recently intervened on the basis of a PIL filed by a retired police officer, Mr. Prakash Singh and has directed wide ranging Police Reforms.

The traditional approach implied that the public remain in awe and fear of the police department at all times. This was probably a necessity during the colonial regime. However times have now changed. Increasing liberalization, privatization and the reach of globalisation have drastically changed the scenario. The public expectations are high and there is increasing demand for transparency and accountability in the system. As a fallout, there has been churning in the department and various models have been experimented with all over the country. There is now a feeling that we need to move away from the role of a traditionally ‘feared policeman’ towards one ‘who is a friend in need’.

Rajasthan Police during the last three years has initiated several measures to make the police more pro-active and responsive to the needs of the community. The objective behind it all was enshrined in our motto which stated - faith among the public and fear amongst the law breakers.

I. Community Involvement

(a) Outreach Programme - A Jansahbhagita (partnership with public) campaign was started in Dec 2004 to win public confidence through better response mechanism, improved service delivery, better flow of criminal intelligence and providing solution to local problems on the spot. This envisaged the SHO visiting the villages/wards after prior information and listening to their complaints and thereafter taking steps to solve such problems. This programme has built up trust, has resulted in better police - public cooperation and has now been incorporated as a regular feature of our police working.

(b) Alternate Dispute Resolution Mechanism - Community Liaison Groups (CLGs), consisting of public spirited citizens representing a cross section of the local community, were constituted in all panchayats/wards as well as at the police station, the district and the state level. One state level, 37 district level, 672 police station level and 25,694 panchayat/ward level CLGs were formed making thousands of CLG members as active partners of police in crime prevention and dispute resolution. In Jaipur city there 67 CLG groups.
The CLGs and the beat constables intervene in matters relating to complaints and disputes and try to work out mutually agreeable solutions thus avoiding prolonged litigation. The police and the courts both benefit in terms of savings of time and effort. During the last two year over 60,000 complaints and disputes and over 8,000 compoundable cases pending in the court were amicably settled. All this ensures better transparency and reduces the scope for malpractice and corruption.

(c) Women Counselling centres - Women counselling centers have been set up in all districts and in a number of sub divisional headquarters in the State. Some of these centers are managed by trained personnel of NGOs while others are run by social workers, teachers etc. Complaints brought by women, including cognizable and non-cognizable ones, are referred to these centers for counselling and amicable settlement.

(d) Community Police Officers - This scheme was taken up in the second quarter of 2006. The local residents are herein persuaded to appoint reliable local youth as the community police officers for night patrolling, collection of criminal intelligence and surveillance over known criminals of the area. A CPO is appointed for about 100 households/shops. There are over 1300 CPO’s in Jaipur city itself.

(e) Sambal scheme – This scheme aims to provide support and security to the senior citizens living in the locality who either do not have children or whose children do not stay with them. The beat constables collect information about such senior citizens and visit them every week to render help in matters as depositing of forms, bank related work, other office related matters etc. Over 700 senior citizens are covered under this scheme in Jaipur city.

(f) Aastha – Under this scheme policemen and social workers go to different localities, schools and colleges and learn about the problems being faced by them and then make them aware of their rights and privileges. They also tell them about the various laws and legal provisions which can be taken recourse to in case someone tries to take liberty with them. Young girls, housewives and children are all covered under this scheme.

II. Infrastructure

(a) Model police stations – These were established in 2004 in every police district. The procedures for various types of service delivery were laid down as standard operating procedures to improve responsiveness and efficiency. The first of these police stations secured ISO 9001-2000 certification on 11th Nov. 2005. Today there are 42 ISO certified police stations in the state whereas another 164 are in the process of acquiring this elite status. The quest for ISO certification has helped establish standard operating procedures and ensured quality output by incorporating better transparency and accountability.

(b) Beat Bags- This constitutes a mobile office for every beat constable. It contains the beat book, survey register, complaints pertaining to his area and other related information on the different schemes being run at the police station etc. This helps the police officer update information on all different parameters during his one visit to the locality thus increasing his efficiency and helps build up his domain knowledge about his area. About 10 police stations have introduced this in the city.

(c) Information desk – This has been established in all police stations for giving information to complainants on their queries regarding progress made in investigation, status of complaints and verifications etc. This has resulted in better customer satisfaction and transparency. These are being manned by the duty officers of the police station. 70 % of the police stations in the city have this facility.

(d) Gymnasium – A healthy body keeps a healthy mind. This facility has been created keeping this dictum in mind. Policeman as a community is exposed to a variety of physical and mental stress.. The gymnasium acts as a great stress buster and an outlet for release of pent up emotions. A good workout ensures a healthy and stress free policeman and thereby better productivity on job. About half a dozen PS in the city beat stress using this technique.

(e) CLG rooms/ Halls – These facilities have been created to help alternative dispute resolution mechanisms. Separate rooms give the CLG members a new identity and a sense of being empowered responsible citizens. The credibility and respectability of the CLG members in the society goes a long way in settling the police cases which are often registered on grounds of misunderstanding.

(f) Health profile of police personnel – This study aims to assess the physical health, mental status, life style, social life and the eating habits of police personnel. It will also study the social, economic and working environment of police personnel and its effect on his health and family life, if any. Jaipur, Bhilwara and Pali districts have been chosen for this study.

(g) Women’s Desk – The police station staff was made to understand the important issue of gender sensitization and a separate ladies desk has now been introduced at each police station. Every young girl or lady coming to the police station goes to this desk to give her complaint where she is attended by a lady police officer. The police officer empathizes with the complainant and suggests the best approach to the problem. This initiative has emboldened the women who now come to the police station and discuss their problems without any fear or inhibition. All police stations in the city have this desk.

(h) Unmanned Canteens – Apart from the external cleansing and good infrastructure, attempt has also been made to make policemen self motivating and be honest to himself. Small canteens have been set up in police stations where snacks and eatables are kept. There is however no person manning these counters and a register is kept near by which lists out the items available and their price. Any person consuming these is expected to make a note of such consumption in the register and the expenses are collected from him at the end of every quarter. This programme has been quite successful and after some discrepancies in the initial months the balance sheets now tally.

(i) Bicycle patrolling – This demand came from the public when it was felt that the patrolling by police vehicles in narrow by lanes was restricted because of congestion therein. The CLG groups have since provided a number of police stations with cycles and now regular and intensive patrolling is a regular phenomenon in streets and by lanes where such did not exist earlier.

(j) Color coded records – Appropriate inputs have been given to make even the layman in the police station aware of the different records available there. All FIR registers have a different colour and so do the registers which compile the charge sheets and FR. One glance in the record room makes things crystal clear regarding the availability or otherwise of a particular record in a particular shelf or almirah.


III. Enforcement

(a) Action against hardcore offenders - With a view to instill fear of law amongst repeat offenders and give relief to the community this scheme was started. Such offenders are earmarked and their activities are kept under close scrutiny by the police with the help of the community. Their criminal records are updated and efforts are made to keep them behind bars by resorting to preventive action, opposing their bail and getting their bail cancelled in certain cases. Approximately 200 offenders are being kept track of under this scheme in the city.

(b) Rehabilitation of criminals- Juvenile delinquents in the age group of 15-20 years who are found involved in property related crimes are given alternative employment seeking the help of CLG members. Vocational training and on the job training are also attempted for willing young persons. SHO’s are asked to check the progress made by these youngsters during such training stints.

(c) Criminal Follow up – It has been observed that after a final report has been put up against a criminal in the court, the police department rarely keeps track of him during the process of trial. Some times these criminals commit offences while returning from their court attendance. During this scheme the court attendance dates of such criminals is noted and they are kept track of. Their lawyer, their acquaintances and the people who meet him are all noted. Such a procedure acts as a check on such criminals and prevents the commission of crime by them.

(d) Operation Garima – This programme was launched to prevent girls from undue harassment and eve teasing by irresponsible young men. Police patrols, policemen in civilian clothes and motorcycle patrolling was introduced near girls colleges/ schools to bring about check on this social evil. Complaint boxes were put in girls colleges to obtain information about such activities from people who did not want to come forward while making complaints. This programme has been quite a success and has helped build up confidence in young girls.

(e) Door to Door survey – Detailed information is collected about each and every house in the locality by the beat constable. The houses are then divided into three categories – those which need to be checked regularly, those which need to be checked of and on and lastly which are safe and need to be checked seldom. This procedure on the one hand helps the beat constables get detailed information on each and every person living in the area and on the other hand keeps a check on unwanted and nefarious elements trying to get a foothold in the area. This survey will be completed shortly in all police stations of the city.

(f) Alert Neighbourhood scheme – This is similar to the neighborhood watch scheme and aims at forming a group of 5-6 neighbours. All these persons are made aware of the contact details of each other. Each member is thereafter expected to inform the others about his movement in and out of the city. The neighbours are also asked to inform the police about any suspicious movement or the presence of any suspicious person in the area to ensure safety and security of all denizens. 26 police stations of Jaipur city have already introduced this.


IV. Training


(a) Attitudinal changes and empowerment- Several workshops and training programmes have been organized to inculcate a positive bent of mind among policemen and make them efficient in stress and time management. Counselling by clinical psychologists has been started as a pilot project in select police stations of five police districts. Rolling trophies have also been instituted for the best district, best police station and the best constable of the year. Each police station selects a best constable every month and this has encouraged healthy competition.

MIT, CII, FICCI, industrial units etc. have all been associated in varying degrees to bring about attitudinal changes in policemen. These programmes have been run by experts and professionals. An ambitious programme was undertaken to put all the constables through a two-day training programme, in all districts. The lowest rung of the police force was assigned specific areas and virtually made the SHOs for their beats. This empowerment resulted in increased motivation and higher efficiency at work from this segment which constitutes 80% of our force.

(b) Pilot Project of MIT - After a 7-month study of our policing system, MIT, in collaboration with the Rajashan Police started a pilot project in nine police stations of Jaipur district in Feb 2006. The project envisages an assured minimum tenure, job rotation, a weekly day off and the placing of a community observer in the police station during the peak hours. The presence of community observers has a sobering influence on the police personnel and brings about total transparency in their dealings. The base line survey done by MIT revealed that 65% of the people reported that the police behaviour was good and 73% felt that police was helpful. The pilot project has now been extended to another 150 police stations in 10 selected districts of Rajasthan. Recently a number of policemen were given a three day exposure on soft skills under the aegis of this programme.

(c) Altus Global Alliance – This is a global initiative by Altus to improve public safety and justice by identifying the best practices at the police station level and then disseminating them across different countries. The services at the police stations pertaining to community orientation, physical conditions, parity in treatment, transparency, accountability and the detention conditions are looked into.
Police station Shipra Path of Jaipur city was ranked number one station in the world by the global community in 2006 whereas PS Vidhayakpuri, another police station of Jaipur city, has been ranked third in Asia in 2007. Six police stations of Jaipur district participated in this competition this year.


V. Investigation/Trial

(a) Speedy Transparent Investigation- With a view to expedite investigations, and to reduce the scope for corruption, investigating officers are directed to visit the scene of crime expeditiously, complete the investigation as far as possible there itself and forward the case diary with tentative conclusions to the DySP within 48 hours to ensure quick disposal of the case. Any deviation from this tentative conclusion needs to be explained on the basis of evidence collected. This step has resulted in the reduction of scope for malpractices during the investigation and has reduced pendency of cases under investigation.

(b) Case-officer scheme - Selected sensational cases murder, rape etc are assigned to earmarked officers who closely follow up the trial, arrange for speedy trial through better liaison with the judiciary and prosecution, ensure attendance of witnesses in the court, and see that they do not turn hostile due to fear or allurements. The Rajasthan High Court has recently issued directions to all the subordinate courts to conduct expeditious trial of cases taken up under the case officer scheme. The rate of conviction in these cases has increased from less than 30% to 70%. This scheme has speeded up the trial of cases beyond expectations. About 300 cases have been taken up under this scheme in Jaipur city.


VI. Science & Technology

(a) Technology inputs – The local police is in the process of introducing a GPRS based vehicle tracking system which will link all the city based police vehicles. This will ensure better utilization of our scarce resources, improve our response time and ensure better service standards for the people.
Efforts are also on to introduce voice activated response systems to routine queries as status of complaints, passports applications, arms license renewals etc to make more manpower available in the field. Efforts are also being made to incorporate more and more technology during investigation to put up incontrovertible, irrefutable and more credible evidence in the courts.

(b) Traffic Police - This wing has introduced many innovations incorporating technology. Traffic violations are caught on camera and challans sent to the vehicle owners. Vehicle interceptors are being used to check over-speeding vehicles on highways and drunken driving in the city. Efforts are also on to introduce cameras which will capture the vehicle registration plate at all times of day and night to check on stolen vehicles or raise an alarm on escaping vehicles.


Conclusion
The various initiatives listed above have all contributed to an increase in overall efficiency in police working. Systemic changes were introduced at the individual as well as the organizational level. Whereas job enrichment and job rotation were an integral part of the former, better equipment, furniture and other amenities formed part of the latter. Technology has also been incorporated in a fair measure to improve database management, reduce response time and provide easy access to routine information.
All there measures have helped improve transparency in police working, made police more accountable and increased the overall efficiency of the police department through better material and manpower utilization.
These innovations are only a small step in the desired direction, the best is only waiting to happen.

(3036 words)

* Published as an Agenda item in Compendium for XXXVIII All India Police Science Congress ( Jan 29-31, 2008), Jaipur, Rajasthan.

* Published in Rajasthan Police Patrika (inhouse journal of Rajasthan Police), April- June 2008, pp 10.

National Identity Cards

National Identity Cards


A number of countries in the world have evolved elaborate systems to establish a National Identification Number1 for each individual of their country. This unique identification number attempts to track him by his name, date and place of birth, his sex, his permanent or temporary residence, his socio-economic status, his religion, ethnicity etc for the purpose of work/ occupation, taxation, delivering government benefits and health care among other things. Most countries initially used these numbers for a singular purpose but over time these numbers have been used for a number of other purposes also. This unique number for every individual has immensely helped the law enforcement agencies in conducting surveillance, locating criminals and placing restrictions on the movement of criminals in society. The revenue authorities have also made use of this identity to make financial transactions more transparent and thereby increase tax collections in the country.

History

Sweden was the first country in the world to introduce the system of a Unique Identity Number in the year 1947 covering the entire population. The basic objective was to enforce and tighten the tax collection process. Later on, a number of other countries such as Australia, Austria, Brazil, Canada, People’s Republic of China, Denmark, France, Germany, Italy, Israel, Netherlands, New Zealand, Pakistan, Singapore, South Africa, South Korea, Spain, UK and US established a kind of national identification number for their citizens. A number of these countries, however, insist that a person must have an Identity Card after attaining a certain age. Some countries like Austria, Canada, Finland, France, Iceland, Sweden and Switzerland however do not make it compulsory to have an identity card for all citizens.

India

India has had over time different kinds of identification systems as the Permanent Account Number (PAN) issued by the Income Tax department, the Voters Identity Card issued by the Election Commission of India and the Driving License issued by the Motor Licensing authorities to ensure foolproof identification and ensure accountability amongst the citizens for their activities. India presently does not have an elaborate or well-established system of National Identity Cards for all its citizens. A pilot project is however underway since 2003 for the issue of Multi Purpose National Identity Card (MNIC)2 to all citizens above the age of 18 years. The objective of such a card is to create a national identity for each and every Indian citizen, to enhance national security and to facilitate e-governance.

Multi Purpose National Identity Cards

The concept of MNIC was initiated on the basis of recommendations made in a Report prepared by Group of Ministers3 for reforming the National Security System. This GOM was set up in April 2000 under the Chairmanship of LK Advani to review the national security system and a report was submitted to the PM on 26 February 2001. Chapter V of this report talked about the necessity of providing MNIC to all citizens in view of increasing illegal migrations. It was also suggested that the Central government must bear the full cost of this identity card scheme.

A pilot project was thereafter initiated in thirteen districts of twelve States and one Union Territory covering a population of approximately 31 lakhs. The districts and the States/ UT wherein this project was launched are Karimganj(Assam), Kathua(J&K), Kutch(Gujarat), Jaisalmer(Rajasthan), Pithoragarh(Uttaranchal), Maharajganj(UP), West Tripura(Tripura), Murshidabad(WB), North Goa(Goa), North West Distt.(Delhi), Pondicherry(Pondicherry), Medak(AP) and Ramanathapuram(TN).

The MNIC project, expected to start in April 20034, finally took off in November 2003 to create a national identity for every Indian with the objective of managing citizen identity, increasing national security, ensuring speedy and efficient transactions, having a user friendly interface between the individual and the government, improving services to target persons in BPL and APL categories and deter future illegal immigration. The system envisages the preparation of a National Register of Indian citizens (NRIC) by collecting all legal and technical data from all households through house-to-house surveys. The completeness of such a National Register will help obviate the requirement of a regular census. A unique 16 digit National Identity Number (NIN) will thereafter be given to each citizen of the country and the MNIC will be issued to all Indian citizens above the age of 18 years. The details that are included in the MNIC are – Name, Sex, Father’s name, Mother’s name, Date of birth, Place of birth, Marital status, Name of spouse, Present and Permanent address, Identification mark, Photograph, Biometrics, Date of registration, issue of card and expiry etc. The smart card is a secure 16 KB micro-processor chip and has been designed by National Institute of Design(NID), Ahmedabad. The Cyber technology for these smart cards has been given by National Informatics Centre(NIC) and these will cost the exchequer approximately Rs 60 per card.

The Annual Report5 published by the MHA for the year 2006-07 states that the basic survey and data entry work in the pilot areas has been completed and photographs and finger biometrics incorporated for over 17.2 lakh citizens out of a targeted figure of 31 lakhs . The first set of these MNIC was distributed in early 2007 to 24 selected families in village Pooth Khurd in North West Delhi. The MHA Annual Report mentions that the distribution of cards is likely to be completed by mid 2007.

The issuance of National Identity Cards assumes even greater importance in the wake of the terrorist incidents like 9/11 in US, 7/7 bombings in London, 7/11 local train blasts in Mumbai, 6/30 attack at Glasgow airport, attack on the Indian Parliament, attack on IISc, Bangalore, Malegaon blasts, Diwali blasts in Delhi etc and the global reach of terrorist organizations, and the fact that India has borne the brunt of organized crime, terrorism and illegal immigration for over three decades now. Increased emphasis on security requires the preparation of National Identity Cards which are tamper proof and are a virtual store house of information on the individual and contain his unique identity in the form of biometrics as retinal scan, finger print, DNA, RFID technology etc.

The Indian economy has been witnessing near double-digit growth in the last couple of years. To sustain this trajectory the economy needs to mop up all possible financial resources and plug all the loopholes. The revenue authorities have tightened the financial institutions, laid down stricter guidelines for share markets and mutual funds and these measures have resulted in an increased collection of approximately Rs 30,000 crores in direct and indirect taxes during the year 2006-07 over the budgeted figures.

Benefits of MNIC

The benefits of having a unique numbered identity in respect of each individual are summarized below –

(a) Law enforcement - The database will help keep track of persons with criminal background. The movement of suspicious persons can be kept under close watch on the receipt of specific intelligence inputs. It will also be possible to identify criminals by picking up their fingerprints, DNA profile etc. if traces of these are found at the scene of crime. The movement of persons who do not have Identity Card or whose data is not available with the Government can be viewed with suspicion and a tighter check maintained on them.

(b) Revenue collection - Once the requirement of having an Identity Number is mandated under the law for all financial transactions, it will bring in a much higher degree of transparency and accountability in the system. The amount of black money in circulation will go down and the revenue collection would increase by at least 25- 30 percent. The Direct and Indirect Tax collection in the country for the year ending March 2007 was approximately Rs 4,70,077 crore and an increase of only 25 percent of this figure would amount to a staggering Rs 1,17,519 crores. All this can definitely help the Indian economy gallop at double-digit growth rate for the next couple of years.

(c) Socio-Economic Benefits - One of our Prime Minister is on record having said that only 15 paise out of a rupee invested went to the target beneficiary and rest was pocketed by middlemen and unscrupulous members of the Government. Once the Identity Number is made mandatory, only the genuine beneficiaries will reap these benefits and the flow of funds pertaining to these schemes can be tracked from the Government system to the Bank accounts of the beneficiaries. This will on the one hand uplift the lot of underprivileged people and on the other will definitely curb embezzlement of welfare funds.

(d) Elections- online - The use of national ID card can be made use of to help genuine people cast their votes online and also tap a large number of people who are not able to cast their votes because of various reasons. This will vastly improve the polling percentage and will in real terms enable people’s representatives to be elected. However, the system must be comprehensible to the vast majority of population, must ensure anonymity of the voter, permit only genuine voters to exercise their franchise, be secure electronically and guarantee the integrity of the election process. Such an interface could be established through the telephone and the computer. Several studies have been conducted in this regard and various models6 have been suggested. Estonia became the first country in the world this year to allow casting of votes through the Internet by using the national ID card.7

(e) Checking illegal immigration – The steady increase in illegal immigration along over 22,500 kms of the Indian land and sea border has led to changes in the demographic pattern, illegal settlements, encroachments on forest land, distortion in electoral rolls, skewed impact on the local development and is now posing a serious threat to national security and local identity. The Minister of State(Home) is on record in the Parliament in 2004 stating that over 1.2 crore illegal immigrants are present in the country. Madhav Godbole Report puts this figure at over 2 crore. The expeditious issue of MNICs to all citizens would be effective in containing this menace, which is jeopardizing our national unity, sovereignty and security. The 109th Report submitted by the Parliamentary Standing Committee on Home Affairs to the Rajya Sabha on 23 August 2004 had hoped that the Pilot project would be completed by December 2004 and that the MNIC project should be implemented on full scale at the earliest.

(f) Better e-Governance- The objective of e-governance is to simplify procedures, remove red tape, reduce corruption and provide basic information to all by using electronic tools in an easily accessible and user-friendly environment. The SARITA project in Maharashtra, Bhoomi project in Karnataka, e-Seva centres in AP are such examples. The use of electronic tools can be coupled with the mandatory use of National Identity Cards to ensure that the benefits of the various schemes run by the government reach the target beneficiaries. The government can cut down on costs, reduce delays, fix accountability and increase efficiency in the system. Privacy International,8 an organization based in UK, has conducted campaigns and research throughout the world on issues concerning the acceptability of ID cards across countries, the usefulness of information available on them and how it can impact law enforcement, tax collection and welfare frauds. This organization has also examined aspects as diverse as possible discrimination and privacy issues related to issue of such ID cards.

(g) Medical field- The MNIC can also be developed to incorporate medical details of the card holders. This will help the government know the status of health of citizens and build up a database of persons affected by illnesses such as blindness, physical disability, mental retardation, AIDS, blood disorders, area specific problems etc. The government could then concentrate its efforts by allotting finances for specific programmes in specific areas and the database can act as a life giver for persons afflicted by incurable or life threatening diseases by enabling them find the right kind of donors of blood, bone marrow or life saving organs.

(h) Similarity with Internet- The use of MNIC’s can be shown to have a lot of similarities with the Internet. Herein, if a person has an email address he can send and receive emails. Even though nobody polices the Internet yet the misdeeds of the Internet users and hackers as in Child pornography, Terrorism, Gambling, peddling in Arms and Drugs etc could all be tracked using various tools, techniques and cooperation of the law enforcement agencies all over the globe. Similarly once each citizen has a uniquely coded MNIC, all his deeds, misdeeds, financial transactions, deals etc can be tracked. This will help make systems more transparent and ensure better accountability of rules and regulations.

Conclusion

The Pilot project has been overly delayed. The 112th Report of The Parliamentary Committee on Home Affairs9 submitted before the Rajya Sabha on 20th April 2005 stated that the Pilot Project was to be completed by April 2005 but observed that the progress was tardy. An amount of Rs 14.22 crores had remained unutilized under this scheme out of a total allocation of 19.82 crores. The Parliamentary Committee noted with concern that such slow progress on such an important project was bound to have far- reaching ramifications for the maintenance of internal security. The Home Ministry should therefore take steps to complete the pilot project and ensure that this scheme is implemented at the national level at the earliest.

In the interests of the safety and security of the country and the fight against terrorism, all out efforts must be made for the expeditious preparation and distribution of the Multi Purpose National Identity Cards (MNIC) to all citizens above 18 years of age. In the process, the assessment of possible loopholes in the system, process of authentication and intrusion detection technologies must be kept track of. In this endeavour we must give full support to police, customs, income tax, other law enforcement agencies, development agencies, NGOs etc so that they dovetail their systems and make them MNIC-compatible and ensure that the Government systems become more user-friendly, accessible, efficient and effective in curbing the menace of criminals, illegal immigration and deliver benefits to the target audience while at the same time reducing red-tapism and corruption. All this would bring in a quantum jump in transparency and accountability of the system, which will go a long way in ensuring that the precious resources of the economy are utilized more fruitfully and efficiently while guaranteeing national safety and security.

(2,402 words)



Abstract of article

A number of countries in the world have established different forms of National Identity Number to track individuals for the purpose of Law enforcement, revenue collection, checking illegal immigration and curbing welfare frauds. India too has had different forms of identification systems over time as PAN, Voters Identity Card, Drivers licence etc. A pilot project is presently underway for the preparation of Multi Purpose National Identity Cards(MNIC) meant for distribution to every Indian citizen above the age of 18 years.
This unique identity can aid the law enforcement authorities curb crime, help in increased revenue collection, ensure that socio- economic benefits reach the target person, facilitate elections online, check illegal immigration and render life saving measures in the medical field.

The Pilot project is way behind schedule and so must be completed at the earliest. We need to usher MNIC in our country as early as possible to bring in transparency and accountability while at the same time ensuring national safety and security.



Bibliography
1. http://en.Wikipedia.org/wiki/National_Identification_Number
2. http://en.Wikipedia.org/wiki/Multipurpose_National_Identity_Card(India)
3. Report of the Group of Ministers on National Security, Chapter V- Border Management, pp 85- 86.
4. Parliamentary Standing Committee on Home affairs, 109th Report on Demand for Grants(2004- 05) of Ministry of Home Affairs, Rajya Sabha Secretariat, New Delhi.
5. Ministry of Home Affairs, Government of India, Annual Report 2006- 07, Chapter IV- Emerging Concerns and New Initiatives- Pilot Project on Multi- Purpose National Identity Cards, pp- 42.
6. http://www.mirzapur.nic.in/Nisani
7. Information Technology, What’s New- Estonia votes...online!, April 2007, pp- 18
8. http://www.privacyinternational.org/
9. Parliamentary Standing Committee on Home affairs, 112th Report on Demand for Grants(2005- 06) of Ministry of Home Affairs, Rajya Sabha Secretariat, New Delhi.

( published in Indian Police Journal : Apr - Jun 2008, pp 15-20)
( published in DNA newspaper, 26th June, 2009 )

Kailash Manasarovar Yatra

THE LAND OF SHIVA


“He is the God of forms infinite, in whose glory all things are, smaller than the smallest atom, and yet the Creator of all, ever living in the mystery of His creation.” This is how the Yajur Veda describes the Supreme Being – Lord Shiva. The One without a beginning or end. The Absolute Power who creates, preserves and destroys.

Mount Kailash

The images of Lord Shiva have been traced to the Indus Valley civilization. Sacred literature of the Hindu religion – the Vedas, the Upanishads and the Puranas – speak of Shiva pervading the entire Universe. The Hindus nevertheless believe Mount Kailash to be the abode of Lord Shiva and his consort Parvati. Shiva Purana, a religious text of the 13th century, describes Mount Kailash as the favourite spot of Lord Shiva and Parvati. Valmiki’s Ramayana, Tulsidas’s Ramcharitmanas and Shrimadbhagvat also refer to Mount Kailash as the holy place of Lord Shiva. This mountain, 22,028 ft in height, is the most worshipped peak in the world.

The Jains revere Mount Kailash because Adinath Rishabhadeva, the first of the twenty-four Jain Tirthankars, is said to have attained Nirvana here. Mount Kailash is called Ashtapada in Jain literature. It is said that Chakravarti Bharat, son of Adinath Rishabhadeva, constructed 72 beautiful Jain temples in the memory of his great father after he had attained salvation at Mount Kailash.

The Tibetans call this mountain Gang Rinpoche, implying the jewel of snow. In Tibetan mythology, the deity Demchhok or Pavo is said to reside on Mount Kailash. He wears a tiger skin with a garland of human skulls around his neck. He is also said to hold a damroo in one hand and a trishul in the other. The deity is thus remarkably similar to the popular image of Lord Shiva. Dorje-phangmo or Vajra-Varahi is the consort of Demchhok and is shown, in Tibetan paintings, holding Demchhok in an embrace.

Bonpos, the followers of Bon religion who inhabit Tibet, refer to this mountain as the nine-storeyed Swastika Mountain called Kang Tise. They believe that the soul of their kingdom resides within this holy mountain. Bon is a pre-Buddhist religion which developed in the Shang shung kingdom of Western Tibet. The Bonpos regard Kang Tise as the site where the legendary battle was fought between the Buddhist monk Milrepa and the Bon shaman Naro Bon Chung. The victory of Milrepa over Bon Chung led to Buddhism becoming the dominant religion of Tibet.

The holy river Ganga is believed to have descended from the heavens on this mountain. Four rivers originate from Mount Kailash – Satluj, Karnali, Brahmaputra and Indus. Tibetan literatures also mention rivers Langchen, Mapcha, Tamchok and Senge as coming out of Meru mountain, which is synonymous with Kailash.

Manasarovar Lake

The origin of Manasarovar lake has an interesting story. It is said that a number of rishis were doing penance in the pre-Vedic times in this region to propitiate Lord Shiva. There had been no rainfall in the area for over twelve years and all the nearby lakes and rivers had dried up. The rishis went to Lord Brahma and sought his blessings. Lord Brahma then created the great lake Manasarovar from his mind, and that is why the lake is call Manas which means mind or consciousness while Sarovar means lake. The lake is also called Lake of Consciousness. The very sight of this large lake, its transparent bluish waters, the calmness and solitude pervading all around transport a person to a different world and remind him of what Wordsworth described as

“A presence that disturbs me with the joy
Of elevated thoughts; a sense sublime
Of something far more deeply interfused,
Whose dwelling is the light of setting suns,
And the round ocean, and the living air,
And the blue sky, and the mind of man;
A motion and a spirit, that impels
All thinking things, all objects of all thought,
And rolls through all things.”

The lake is situated 30 kms. south-east of Mount Kailash at a height of 14,950 ft and has a perimeter of 110 kms. It is said to have been discovered by king Mandhata. A majestic mountain named after the king, Gurla-Mandhata, overlooks the lake.

The Tibetans call it Tso-Mapham or Tso-Mavang or the precious lake. It is said that the Gods had bathed Queen Maya in its holy waters before she gave birth to Lord Buddha. The Pali scholar Buddhaghosha also refers to Anotata as a water source in the Himalayas with four rivers flowing out of it.

The Hindus take a holy dip in the ice cold waters of Manasarovar and this is believed to liberate them from the cycle of birth and death. The devout carry back prasad in the form of holy water, coloured sand, pebbles or herbs for people who are not fortunate enough to undertake the pilgrimage. The Buddhists do not take a dip in the lake because, according to them, Manasarovar is meant only for the gods to bathe in. They however drink its holy water.

Parikrama

The parikrama of Mount Kailash has a length of about 57 kms and takes three days to complete. Interestingly, the Hindus perform the parikrama clockwise while the Bonpos do the same anti-clockwise. It is said that one parikrama of Mount Kailash rids a person of all his sins in this birth and 108 parikramas gives him Nirvana or enlightenment. Some Tibetans like to finish the parikrama in one day only, they call it Ningkor.

Dolma La is the highest point one crosses while doing the parikrama of Mount Kailash. It is 19,500 ft above the sea level. Dolma in Tibetan is the same as Goddess Tara while La means a pass. A big boulder at this point represents Goddess Tara. She is said to extend protection to all those who come to the Dolma La. The place is full of colorful flags and buntings with writings from Tibetan scriptures. These flags are believed to spread the message of peace, happiness, love and brotherhood as they flutter in the wind.

The Hindus as well as Tibetans do parikrama or kora of Mansarovar lake also. Here again, there is an interesting comparison. The Hindus undertake the parikrama in summer months; the Tibetans go through the kora even in winters when the lake is frozen. There are a number of gompas or monasteries on the banks of Mansarovar, the important ones being Chiu, Cherkip, Langbona, Seralung, Qugu and Zaidi.

The journey to Kailash-Mansarovar could be undertaken from either India or Nepal side. It is an unforgettable experience when the philosophy and the truth behind the following lines is driven home to the pilgrim:

“The One remains, the many change and pass;
Heaven’s light forever shines,
Earth’s shadows fly”

( 1,126 words)

(published in Swagat- inflight magazine of Indian Airlines - July 2004 )

Plea Bargaining

Plea Bargaining

Indian context

An ever-increasing amount of litigation in India has led to Courts becoming overburdened at all levels. There is realization at all levels of government that these increasing number of cases are putting an extra burden on the judicial system as a result of which cases are not able to move quickly through the Courts and the proverbial case of justice delayed is justice denied is being seen as more true today than ever before. The court trials take years, decades or even quarter of a century to conclude at times. The fallout of such delays is not difficult to guess – an increasing bent of people towards litigation, over burdening of courts with cases, witnesses forgetting the sequence of events, complainants becoming disinterested, important witnesses being won over and the truth in the cases getting lost along this long and tedious process.

Over burdening of Courts

There were approximately 2.03 crore cases pending in district and subordinate courts all over the country as on 31 October 2001. Of this large number, approximately 1.9 crore cases were pending in 7 states – UP, Gujarat, Maharashtra, Madhya Pradesh, West Bengal, Bihar and Karnataka. The condition is about the same in the High Courts and there were 35,57,637 cases pending in the different High Courts of the country as on 31 October 2001. Approximately 5 lakh of these cases are more than 10 years old. The number of cases in the Supreme Court is however manageable and only 21,995 cases are pending therein.

The tardy disposal of cases is also linked to the extremely low judges per capita ratio in the country. The Law Commission of India’s 120th report (1987)1 observed that the strength of judicial officers in India is far less than in a number of other countries. India has roughly 10.5 judges per million people whereas this figure for Australia, Canada, England and US stands at 41.6, 75.2, 50.9 and 107 respectively. This Law Commission Report also observed that the total judge strength of 7675 is grossly inadequate for a country of the size and magnitude as India.

Apart from the overburdening of the Courts, there is gross neglect and apathy towards the status of under trials, who are lodged in different jails all over the country. Because of the increasing amount of time taken in the dispensation of justice, the jails in the country today are over-crowded with convicts and under trials. Against a sanctioned capacity of 2.56 lac prisoners, the jails in the country today have more than 5 lac people behind bars.
The State governments today spend approximately an amount of Rs.361 crores per annum on the people imprisoned and undergoing trial @ Rs.55/- per head per day for approximately 1.8 lac prisoners under trial. This situation would be a lot different if matters moved speedily in the courts. The State governments would then be able to reduce the number of under trials in the jails and bring about substantial savings in this huge expenditure also.

Concept of Plea Bargaining

A plea bargain is a deal offered by the prosecutor to the defendant as an incentive for his pleading guilty on lesser charges. This alternative method of dispute resolution allows the prosecutor to obtain conviction in cases, which may otherwise go for lengthy trials.

Plea bargaining has often been talked of as a method for reducing the burden on the courts by accepting the guilty plea of the accused person. A plea bargain provides both the prosecution and the defense with some control over the final result. In plea bargaining the accused pleads guilty to a lesser charge rather than go through the long, arduous and expensive process of trial and be confronted with a maximum sentence for punishment. The defendant in the bargain is able to receive a lighter sentence, for may be a less severe charge, than might have resulted by taking the case to trial. He is also able to bring about savings in his legal fees and also avoids the harassment of going through the entire process of trial. Being convicted on reduced charges for a less serious offence also goes to the advantage of the defendant. Pleading guilty also helps him avoid publicity, which is otherwise attracted in cases highlighted by media.

The judges have opined that if the period of waiting during trial can be reduced there may be a greater possibility of effective evidence forthcoming. The fairness of plea bargaining, however, also depends on how likely it is that the accused would be convicted if no plea is offered. The process also avoids the great degree of unforced idleness experienced by the under trial prisoners during their detention period.

The judicial process benefits by disposing off the case early by accepting the guilty plea. The entire process of trial, examination of witnesses, their cross examination etc. need not be gone through. An increasing amount of litigation today is forcing the judiciary to give less and less time to each case as a result of which the time required to come to a conclusion has increased substantially. A plea bargain, therefore, offers the possibility of lightening the burden of the Courts, thereby giving the judiciary an opportunity to devote more time to cases of importance and those which have a bearing on society or have serious legal implications. The Law Commission’s 154th Report (1996)2 stated that though plea bargaining is an important technique to avoid overcrowding of criminal cases in the courts, but it should be adopted with adequate safeguards to prevent abuse.

The prosecutor too benefits as a result of plea-bargaining. He gets an assured conviction in a case and is spared the agony of waging a long drawn out legal battle against the accused, especially when he is willing to confess for the crime committed. The prosecutor can then devote more time to cases that involve complex reasoning of legal matters or are high profile cases that attract media attention.

Types of Plea Bargain

There are two different approaches to the concept of plea bargaining –

(a) Charge Bargain - This is when the prosecutor allows the defendant to plead guilty to a lesser charge or to only some of the charges that have been filed against him.

(b) Sentence Bargain - This occurs when a defendant is told in advance what his sentence will be in case he pleaded guilty. This procedure often takes place in high profile cases wherein media publicity does not permit a charge bargain and therefore a sentence bargain is adopted to the more serious charges against the defendant.

Cause for concern

Approximately 54,94,814 criminal cases were registered in India in the year 2003. The conviction rate in India is abysmally low when compared to that of other countries. Cyprus has the highest conviction rate in the world with a figure of 95.21 per 1000 people whereas India occupies the 41st position in the list of all countries with a rate of only 0.56 per 1000 people. The number of people acquitted in the criminal courts in India is very high and in absolute terms India occupies the first place amongst all nations showing that maximum number of people acquitted here.

Initiatives by Government

The Law Commission’s 142nd report (1991)3 considered the concept of plea bargaining as a means to overcome the problems of mounting arrears of cases in the Criminal Justice system. The report also stated that a large number of people in India are in favour of this concept because most people arrested are guilty anyway, public money is wasted on trials, both sides gain in the process and time and money is saved by the accused and the government. The Law Commission’s 154th report (1996) again strongly advocated that Plea bargaining be made an essential component of the Criminal Justice system. The Justice VS Malimath Committee on Criminal Justice Reforms (2003)4 submitted its report to the Government recommending that plea bargaining should be introduced into the Criminal Justice system to facilitate early resolution of criminal cases and reduce the burden of the courts.

The government thereafter introduced a Bill in the Parliament called the Criminal Law (Amendment) Bill, 2003 which sought to introduce Plea Bargaining in the Criminal Procedure Code, 1973 apart from making other changes in the IPC, CrPC and the Indian Evidence Act. The Parliamentary Standing Committee on Home Affairs in its 85th report (2001) on ‘Law’s Delays and Arrears in Courts’ recommended the introduction of Plea Bargaining in India. The same Committee, in its 111th report on the Criminal Law (Amendment) Bill, 2003 presented to the Rajya Sabha on 02 March 2005, endorsed the introduction of Plea bargaining in the Criminal Procedure Code.

Plea Bargaining has since been introduced through Criminal Law (Amendment) Act, 2005(6) which was passed by the Parliament in the winter session of 2005. This has come into force from 5th July, 2006 with the introduction of a new Chapter- XXI-A incorporating sections 265-A to L in the Criminal Procedure Code, 1973. The Act seeks to introduce Plea bargaining or mutually satisfactory disposition in all criminal cases other than offences punishable with death or imprisonment for a term exceeding seven years. This benefit is not extended to offences affecting the socio-economic condition of the country or which have been committed against women or children below the age of 14 years. It is also pertinent to note that the Act envisages an active role for the Courts in trying to ensure that such a plea is made voluntarily by the accused and he is aware that by pleading guilty he will waive his right to go through the process of trial. The judgements delivered in cases of Plea Bargaining are final and no appeal shall lie in any Court against them.

Flip Side

The detractors of plea bargaining have argued that the plea bargain essentially works as a threat. The prosecutor herein bullies the defendant into plea bargaining, thereby making him surrender his right to trial and at the same time threatening him that in case he went for trial he would be punished twice over- once for the offence committed and secondly for showing the audacity to commit the case to trial.

It is further argued that most of the people caught in criminal cases are poor and therefore the system by showing the option of plea bargaining tries to portray that this is the best economic alternative available to them. A lengthy period of pre-trial incarceration also, at times, renders the defendant weak and demoralized and pushes him into the prosecutor’s suggestion of plea bargaining. It is obvious that a person who faces a 90% chance of conviction during trial would opt to plea bargain for charges which would give him only 50 % of maximum conviction. It is also argued that white collar criminals with good lawyers will probably get off with lighter sentences than what they really deserve. Since, this technique involves pleading for a lesser charge, hence, the variation between the offences for which a person is charged and finally the offences which are accepted as a result of plea bargaining exhibit the dramatic evidence of the extent to which the interests of the State are compromised.

Conclusion

However, the advantages gained in terms of expeditious disposal of cases, quality of judgements delivered and the important legal issues being given due attention far outweigh the stated evils of plea bargaining. This procedure gives the accused an opportunity to obtain a speedy trial, is an end to uncertainty, savings towards litigation costs and a probability of settling for a lesser sentence.

Considering the overburdened status of our Courts and the increasing bent of people towards greater litigation, plea bargaining appears to be a pragmatic and an unavoidable approach towards reducing the back-breaking burden of the courts. Such a procedure will also reduce congestion in jails and bring about considerable savings at the state level in the administration of the Criminal Justice system.

Besides, an accused who feels remorse or wants to make amends by pleading guilty in the hope that the community will enable him to pay the penalty for the crime committed with a degree of compassion and consideration needs to be treated differently from another who decides to go through the entire process of trial at considerable cost of time and money to the public exchequer. The time is indeed opportune today to give Plea Bargaining a chance.

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Pankaj Kumar Singh
IPS (Raj : 1988)
DIG SCR-III / CBI
New Delhi

( Words – 2068 ).

- ( published in CBI Bulletin: Jun- Dec 2006 )

- ( published in Academy Journal - NPA - Jan- Dec 2006 )

Bibliography

1. Law Commission of India, 120th Report on Manpower Planning in Judiciary: A Blueprint, July 1987, pp 2-3. 2. Law Commission of India, 154th Report on The Code of Criminal Procedure, 1973 (Act No- 2 of 1974), Vol-I, 1996, pp 51-54.
3. Law Commission of India, 142nd Report on Concessional Treatment for Offenders who on their own initiative choose to plead guilty without any Bargaining, 1991, pp 5-8.
4. Committee on Reforms of Criminal Justice System, Government of India, Ministry Of Home Affairs, Report, March 2003, pp 178-180.
5. Criminal Law (Amendment) Bill, 2003, Bill No. LX of 2003, A Bill further to amend the Indian Penal Code, the Criminal Procedure Code, 1973 and the India Evidence Act, 1872, pp 2-8.
6. Criminal Law (Amendment) Act, 2005, No 2 of 2006, An Act further to amend the Indian Penal Code, the Criminal Procedure Code, 1973 and the India Evidence Act, 1872, Ministry of Law and Justice, 11 January, 2006, pp 2-4.


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