Indian Journal of Criminology 2018-19 PDF

INDIAN JOURNAL
OF
CRIMINOLOGY
Volume 46 & 47
2018-19
INDIAN JOURNAL OF CRIMINOLOGY
The Indian Journal of Criminology is a joint publication of Indian Society of Criminology (ISC), K.L.
Arora Chair in Criminal Law and Centre for Criminology and Victimology at National Law University
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Indian Journal of Criminology, 1(1). 1-5.
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Indian Journal of Criminology
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The Indian Journal of Criminology
Editor:
Prof. (Dr.) G. S. Bajpai
Professor of Criminology & Criminal Justice, NLU Delhi India
Managing Editor:
Dr. Syed Umarhathab
Assistant Professor, M.S. University, Tirunelveli, India
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Editorial & Advisory Board
Prof. Ian Loader Mr. Emilio C. Viano

Professor of Criminology President
University of Oxford, UK International Society of Criminology, USA
Prof. Zbigniew Lasocik Prof. Jianhong Liu

Professor of Legal Sciences and Criminology University of Macau, Macau, China
University of Warsaw, Poland
Prof. N. Prabha Unnithan Dr. G. K. Goswami, IPS

Director, Centre for the Study of Crime and Joint Director
Justice Anti-Corruption Zone, C.B.I. New Delhi
Department of Sociology, Colorado State
University
Prof. K. Jaishankar Prof. Arvind Tiwari

Professor and Head Department of Criminology Dean, School of Law, Rights and Constitutional
Raksha Shakti University, Ahmedabad, India Governance
Tata Institute of Sciences, Mumbai, India

Prof. (Dr.) Purvi Pokhariyal Prof. (Dr.) P. Madhava Soma Sundaram
Director & Dean, Institute of Law M.S. University, Tirunelveli, India
Nirma University, Ahmedabad, India
Dr. Suman Dash Bhattamishra Prof. (Dr.) Nikos Passas

Assistant Professor of Law Professor of Criminology & Criminal Justice
National Law University, Odisha College of Social Sciences and Humanities
Northeastern University, Boston, USA
Indian
Journal of
Volume 46 & 47, 2018-2019 Criminology
Contents
Articles
The Quest for Truth in Criminal Justice- Revisiting the Malimath 1

Committee Recommendations
Ankita Chakraborty & Dipa Dube
Redesigning of Urban Safety Measurement Model Analysing Crime 16

Standpoints
Rajesh Kumar
Attitude to Prison Reforms: An Empirical Survey 32

Upneet Lalli
Recidivism among Prisoners in Tihar Jail and Contributing Factors: 46

A Qualitative Study
S. Manikandan and K.Jaishankar
Adjustment of Child in Conflict with Law: An Empirical Study 58

Lakshmi Pandey
Rationality or Opportunity: What Matters in Crime? A Descriptive 66

Analysis of Property Crimes Reported by Electronic Media in Chennai
City and its Outskirts.
K. Kuralarasan and M. Priyamvadha
Rehabilitation and Reintegration Possibilities for Rape Victims in India 79

Vibha Hetu
Incarcerated Motherhood under the Purview of Policies, Prison 106

Reforms and Reintegration
Pearly Paul and Intezar Khan
An Empirical Study on Bullying and Sexual Harassment at Workplace 122

Shubhangi Srivastava and Priyanka Kacker
1
“THE QUEST FOR TRUTH IN CRIMINAL JUSTICE- REVISITING

THE MALIMATH COMMITTEE RECOMMENDATIONS”
Ankita Chakraborty* & Dipa Dube**
ABSTRACT
‘Satyameva Jayate’- Truth alone Triumphs, enunciates the Indian ideology which confers the
zenithal importance to truth. Truth and Justice are somewhat synonymous for the common
man, and thus, when justice fails, truth stands defeated. The Malimath Committee in its
Report on Reforms in Criminal Justice System, 2003 deliberated on the need to attain the
ultimate end, not in terms of acquittal or conviction, but truth. Referring to the observations of
Dr. R. Venkataraman, Former President of India, the Committee reiterated that “the Judge is
not concerned with the truth; he is only concerned with the proof.” In fact, the law of evidence
clearly enumerates that either the evidence is proved, disproved, or, not proved. In other
words, facts of a case are to be established by means of evidence, which is submitted before
the Court, and, the latter has to decide whether the facts are thereby established. In case the
Court is convinced to the point of ‘beyond reasonable doubt’, conviction is maintained for
the accused, whereas in all other cases, it is acquittal. It is merely presumed that truth will
surface from the individual version of facts presented by the prosecution and the defense in
presence of the Judge, who appears to have little or no say in the drama that unfolds before
him in the court room. He simply plays the role of a mute spectator at the contest between two
parties and declares who has won and lost. The Malimath Committee criticized this system
to be profoundly loaded in favor of the accused and accordingly made recommendations to
incorporate appropriate changes in the law.
An illustration may be given from K. Venkateshwarlu v.State of Andhra Pradesh(2012) where
the Court found itself helpless to give justice to a polio-ridden child rape victim; although it
was proved that she was sexually assaulted by the accused, a police officer. Lamenting on the
acquittal, the Court said:
“The demeanor of Aruna, the tears in her eyes, her walking out of the Court after looking at
the appellant, pricks the judicial conscience….”
A decade and a half later since the Committee suggested necessary amendments to shift the
core focus of criminal justice to attainment of truth, little has been achieved. Except for sparing
aspects of victim participation, the remaining suggestions have gone unhindered. The present
system suffers from the same laxity as before. The paper analyses recent judicial trends to
indicate the continued ineptness of the adversarial system to achieve justice, and consequently
truth, and the dire need to bring about changes.
KEY WORDS
Malimath Committee, Adversarial System, Truth, Justice, Victims.
* Ph.D Scholar, Rajiv Gandhi School of IP Law, IIT Kharagpur.

** Professor, Rajiv Gandhi School of IP Law, IIT Kharagpur.
INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

2
Introduction or on account of stringency of the laws
of evidence. To do away with the lacunas
The Indian spirit vests the highest
of adversarial system; the committee
importance to truth. The aphorism,
recommended that the “presumption of
Satyameva Jayate (Truth alone succeeds) is
innocence” and “proof beyond reasonable
engraved in our National Emblem “Ashoka
doubt” be substituted with a lower standard,
Stambha” and all our saga narrate the
for example, “the Court’s conviction”. (The
goodness of truth.(Berti and Tarabout, 2017,
Adversary system: Who wins? Who loses?
p.27) Truth is a cherished ideal of India and
2019) The committee further recommended
the cornerstone of our justice system. Truth
incorporation of certain attributes of
being the very basis of justice protects the
inquisitorial system of investigation and
innocent and punishes the guilty. For an
administration of justice in the present
average person, truth and justice holds
criminal justice system. The committee
the same connotation, and thus, when
emphasized on the dire need to reform the
justice flounders, truth stands defeated.
entire criminal justice system keeping in
The Malimath Committee in its Report on
mind the justice to the victims in terms of
Reforms in Criminal Justice System, 2003
adequate compensation, legal representation
considered the need to attain the ultimate
and witness protection. (Kumar, 2018)
end, not in terms of acquittal or conviction,
but truth. (Malimath, 2003a) The present paper contends that decade and
a half later since the Committee suggested
For criminal justice dispensation, India
necessary amendments to shift the core
follows the “adversarial system” which has
focus of criminal justice to attainment of
been handed down by our British Colonial
truth, little has been achieved. It analyses
Rulers.(Malimath, 2003b)In an adversarial
recent judicial trends to indicate the
criminal justice system, the Judge acts as
continued ineptness of the adversarial
a neutral fact finder who remains passive
system to achieve justice, and consequently
throughout the proceeding. (Menkel-
truth, and the dire need to bring about
Meadow, 1996, p.7) He allows all sides
changes.
of arguments in the court room which
eventually take the shape of a combat which Indian Adversarial System And Its
must be adequately using all available Limitations
resources. He dispassionately examines the
India follows an age-old criminal justice
evidence forwarded by the parties during
system founded on the Penal system
disposition, his only objective being,
established by our colonial rulers. In an
resolving the dispute. (Landsman, 1983)
adversarial system, the Judge acts as a
Here, it is presumed that truth will come
neutral arbitrator without actively taking
up from the individual versions of the
part in the legal battle carried out in the
facts forwarded by the prosecution and the
court rooms.(Srikrishna,2008, pp.241-42)
defense before a neutral judge.
The liability of gathering evidence rests
Considering several lacunas in the with the parties (the prosecution and the
adversarial system of justice delivery, the defense) and a duty is vested on the court
Malimath Committee in its 2003 report of sovereign appraisal of the evidence
pointed out that this system has led to a collected during investigation.
situation where large numbers of criminals
During the trial, the prosecution and the
escape convictions. In such a system,
defense submit their variant of events
ascertainment of truth becomes a distant
and argue their case in front of a neutral
goal; either due to the errors on the part of
adjudicator. Here, unless contrary is proved;
investigation officer, prosecution, witnesses,
3
the accused is presumed to be innocent and, persuades manipulation and deception.(E.
in case of a reasonable doubt as to whether Sward, 1989)Also, people with inadequate
the guilt is credibly proved, the accused resources cannot buy equal access to justice
is allowed acquittal.(Van Sliedregt, 2009, as that of affluent ones(E. Sward, 1989).
p.249) The system is characterized by the fact that
lawyers spend more time avoiding truth
Unlike the inquisitorial system of justice,
than seeking it(Cramton, 2002).
where Judges play an active role, direct
the court room debate, shoulder the role In the adversarial system, since the parties
of the principle interrogator of witnesses direct the litigation, they are persuaded to
and defendant, inquire into the charges submit only the evidence that is beneficial
and asses all pertinent evidence; in an to them and to repress evidence that is not
adversarial system, the Judge merely acts as (Van Caenegem, 1999).
a umpire at the hearing. The Judge ensures
Critics maintain that the ‘rules of evidence’,
that the trial is conducted observing due
which were created to guarantee fairness to
process. (Ainsworth, 2015)Thereafter, it is
all parties actually work against fairness by
decided whether the defendant is guilty
suppressing necessary information which
beyond reasonable doubt and hearing is
should have been submitted before the
conducted on the sentence given. Lawyers
Judge, who is supposedly the fact finder in
are chiefly accountable for leading the
the case. (Wistrich, Guthrie and Rachlinski,
evidences and interrogating witnesses.
2005).The Indian law of evidence clearly
(Cramton, 2002) At first, each witness gives
enumerates that either the evidence is
their evidence-in-chief, thereafter they may
proved, disproved, or, not proved. In other
be cross-examined.
words, facts of a case are to be established
Adversarial system is regulated by the by means of evidence, which is produced
idea of “Proof beyond reasonable doubt,” before the Court, and, the latter has to decide
unlike the inquisitorial system where whether the facts are thereby established.
the appeasement of the Judge towards In case the Court is convinced to the point
attainment of truth holds greater value. of ‘beyond reasonable doubt’, conviction
Furthermore, right to silence inherent in is maintained for the accused, whereas in
our Constitutional mandate of right against all other cases, it is acquittal. Though the
self-incrimination is an integral part of this goal of truth to be attained at the end of a
system. It is argued that here the defendant judicial process is an ideal expressed in the
has got stronger protections and the role Higher Courts (High Courts of State and
of the victim is not prominent.(T. Pizzi, the Supreme Court of India); the accent
1999)The system does not differentiate to ‘winning at any cost’ without adequate
between the police and the prosecution. concern towards truth-seeking is the
It creates a close knit between the police, prime focus when it comes to adversarial
prosecution, and the State which tries to system (De Barba, 2002,p.1523). Judicial
convict the defendant. The system fails to truth in India is exclusively concerned
recognize the police as a separate authority with the facts established according to
having responsibilities independent of the the law of evidence which may be far
prosecution with relation to attainment of from the reality of actual facts. Criminal
truth(T. Pizzi, 1999). Critics claim that the trials in an adversarial system are prone
adversarial system is more perturbed with to manipulations of all sorts and since the
unraveling disputes than detecting the contesting parties determine the scope of
endmost truth.(Roach, 2010)This system the dispute, they bring selective evidence
places an exorbitant on victory and hence in the Court (Berti and Tarabout,2017,p.29).
4
It is argued that the present adversarial of innocence” embedded in our adversarial
system is not only unresponsive towards system(SK Badar Alias SK. Badiruddin v.
the victims’ predicament and rights, it does State of Orissa, 1995). Even though “proof
not permit the presiding Judge to rectify beyond reasonable doubt” holds high value,
the anomalies in the investigation or in the Supreme Court pointed out that inflated
the issue of production of evidence in the fidelity to the rule of benefit of doubt must
Court(Manoharan, 2013). not be exercised to the extent that justice
becomes sterile(Gurbachan Singh v.
Quest For Truth Or Proof?
Satpal Singh, 1990).In the case of Neelam
According to Swami Vivekananda, for an Katara v. Union of India and others(2003),
average man, truth tantamount to justice the Court further added that it is a fact
and thus, when truth flounders, justice that administration of justice is of great
also fails(Berti and Tarabout, 2017, p.12). significance in our society, and it may be
However, there is no place for truth in true that let hundred escape but do not let
the present criminal justice system that is an innocent to be punished, but this plea
followed by India. On one hand, lawyers cannot be outstretched so as to provide an
are more concerned with resolving escape route for the accused and usurp the
controversies and representing their client’s administration of justice.
interests rather than finding truth; on the
The Court on various instances condemned
other hand, Judges are merely concerned
the inert role played by the judges and
with ‘proof’, and not ‘truth.’(Parker, 2004,
accentuated the significance of finding
p.50)
truth. For example, in Ram Chander v
Through their entire career, the lawyers State of Haryana( 1981),Justice Chinnappa
involve themselves bootlicking their rich Reddy opined that in adversary system, the
clients who expect them to manipulate the judge plays the role of an umpire or referee
substance and procedure of law (West, 1999, wherein he allows the trial to take the shape
p.974).Eventually, truth becomes a casualty of a match between the prosecution and the
and a premium is put on winning. defense with the unavoidable contortions
flowing from aggressive, confrontational,
In an adversarial system of justice,
and competing elements infiltrating the
“proof beyond reasonable doubt” and
trial procedure(Ram Chander v State of
“presumption of innocence” still maintain a
Haryana, 1981). He further added that if a
pivotal position. The maxim that “it is better
Criminal Court is to be an effectual tool in
to acquit ten guilty persons than convict an
assuring justice, the presiding judge must
innocent one” is nowhere mentioned in the
refrain from being a bystander and a mere
criminal law books, but is a rule of prudence
audiotape. He must become an accomplice
founded on public policy(Gurbachan Singh
in the trial by manifesting sharp dynamic
v. Satpal Singh, 1990). Where the proof of
interest and by throwing questions to
an offence with certainty of criminal law is
the witnesses in order to determine the
established to the effect that the offence has
truth(Ram Chander v State of Haryana,
been committed and that no other person
1981). Similar views were given in State
but the accused must have committed the
of Karnataka v. Suvarnamma(2015) where
offence; then the Court considers the case
the Supreme Court said that even though
to have been proved “beyond reasonable
we are governed by the adversarial system,
doubt”(Naba Kishore Rout v. the State,
the Court cannot be a taciturn observer
1990). “Proof beyond reasonable doubt”
predominantly in criminal cases and the
does not admit fanciful possibilities and
key obligation of the court is to unleash
stems out from the idea of “presumption

5
the truth from material on record(State of entirely left in the hands of the parties and
Karnataka v. Suvarnamma, 2015). it is the duty of the Courts to ensure that the
pertinent questions are not left unattended
The judiciary has further advanced the
(Raghunath v. State of UP, 1974). The
need of social justice adjudication as an
presiding Judge must not be a bystander but
alternative to mere adversarial approach
should become an accomplice in the trial
as mere adversarial means may not be apt.
and educe all congruous materials essential
After all, the ultimate duty of the courts is to
for reaching the right end for finding out
facilitate the cause of social justice(Badshah
the truth(Zahira Habibulla H. Sheikh and
v Urmila Badshah Godse and another, 2014).
another v. State of Gujarat and others,
The Supreme Court has accorded greater
2004).
value to social context adjudication when
it comes to enforcement of rights of the Though it is the key principle of the law of
vulnerable section of the society(Vishaka evidence that the highest possible degree
and others v. State of Rajasthan and others, of proof or the best evidence should be
1997;Aruna Ramachandra Shahbaug v. produced before the Court, in the case of
Union of India & others, 2011); though,as Mohan Lal Shamlal Soni v. Union Of India
Prof. Madhava Menon puts it, adversarial and another(1991), where the best evidence
legalism is the only reality in trial Courts could not be put forward by the prosecution
where evidence law would dismiss social- before the Court, the Supreme Court put a
context arguments as hearsay(Menon, serious question on the Judge. The Court
2005,p.257-58). He further contended interrogated whether the presiding officer is
that the adversarial system functions in a vested with a legal duty of his own, separate
manner wherein unequal parties are set from the parties, to take an effective role in
against each other and the judge is more discovering the truth or should he merely
leaned towards proof than truth. Primarily, sit as an umpire and assert at the end of the
this system steers to the impediment of the warfare as to who won and who lost (Shamlal
weaker party(Sikri, 2019, p.28). Soni v. Union Of India and another, 1991).
The Court furthermore added that the scope
The Judges are expected not to act like
and ambit of Sec.311 of the Code of Criminal
a recording equipment to document
Procedure, 1973 is sufficiently extensive to
whatever is being stated by the witnesses;
cover any Court at any stage or any enquiry,
rather, they are conferred with wide
trial, or other proceedings, and that the
powers under Sec.165 of the Evidence Act,
discretionary power can be administered
1872 and Sec.311 of the Code of Criminal
on any person if it is a requisite to secure
Procedure, 1973. In the case of Nellore
new evidence so as to reach a valid and just
v. Intna Ramana Reddy (1972), the Court
decision.
said that all criminal trials resemble a
voyage in which the unearthing of truth is The Supreme Court advanced the duty
the pursuit. It is the task of the moderator of the Court to detach the wheat from the
Judge to investigate every possibility open husk and pointed out that although in each
to him in order to ascertain the truth and case it must be appraised to what extent the
to promote the cause of justice(Nellore v. evidence is acceptable, but, just because in
Intna Ramana Reddy, 1972).Thus, the judge few respect, the Court considers the same to
is vested with the powers given by Sec. 165 be inadequate, the same cannot be discarded
of the Evidence Act, 1872, which gives him or ignored in totality (Shakila Abdul Gafar
the right to put questions to witnesses. The Khan v. Vasant Raghunath Dhoble, 2003).As
Supreme Court further observed that the long as the chaff, cloud, and dust remain,
outcome of a criminal proceeding cannot be they will clog the very truth, and the
6
criminals will be clothed under a protective dwelt on several aspects of the system
layer of ‘benefit of doubt.’(Mohan Singh and including the primary principles of justice
another v. State of MP, 1999) administration.
The Malimath committee envisaged that Truth as the core focus: The committee
even though the foundation of the criminal indicated that nothing but truth must be
justice system is investigation by the the cornerstone of the Criminal Justice
police, but, adversarial system does not System(Malimath, 2003, p.28) since justice is
compel the judge to undo the anomalies defeated if truth does not prevail(Malimath,
in the investigation with the endeavor of 2003, p.29).The committee addressed
discovering the truth (Malimath, 2003, the fact that in an adversarial system of
p.25).In Samaj Parivartan Samudaya and justice administration, the Judge, being too
Ors. v.State of Karnataka and Ors.( 2012),it apprehensive to preserve an unprejudiced
was held that the fundamental principle position, never takes the lead to determine
of an investigation is to extract the truth the truth. However, in an inquisitorial
by conducting fair and appropriate system, the Judge is conferred with a
investigation, in harmony with law and affirmative duty to unleash the truth and
to make certain that the culpable are the judicial police are required to assemble
penalized. The Court must insure that evidence for and against the accused, in an
powerful persons are not able to abuse or unbiased manner, under the direction of
usurp the investigation so as to suffocate a an independent Judicial officer, “the Judge
fair investigation, the consequence being an of instructions.”(Malimath, 2003,p.25)
escape route for offenders (Samaj Parivartan After all, to recoup the missing confidence
Samudaya and Ors. v .State of Karnataka of common mass on Judiciary, the Courts
and Ors, 2012).Similarly, in the case of must become vigorous seekers of truth and
Mithilesh Kumar Singh v State of Rajasthan everyone should lend a hand to the Court in
(2015)it was held that in an adversarial its pursuit for truth.
system of administration of justice, fairness
Attributes of inquisitorial system to be
of investigation is the very first requirement
embraced: It is imperative that our system
for fairness of trial and a trial based on one-
adopts some features of the inquisitorial
sided and biased investigation can hardly
system with necessary modifications since
be fair(Mithilesh Kumar Singh v State of
inquisitorial system is more proficient in
Rajasthan, 2015).
the sense that the investigation is directed
Considering several lacunas in the by the judicial magistrate ensuing good
adversarial system, the Malimath Committee number of conviction. The committee
in its 2003 report laid down the foundations alerted the Courts to seek out truth, to
for a restructured criminal justice system. assign a more dynamic role to the Judges,
The committee focused on adopting certain to render instructions to the investigating
features of the inquisitorial system in our officers and prosecution agencies in matters
justice delivery mechanism to improve of investigation, and to lead evidence with
upon the existing vice. the purpose of realization of truth(Kumar,
2018, p.265).
Recommendations of Malimath Committee
To confer duty on every Court to discover
The Malimath Committee was constituted
truth: The committee envisaged that ample
for a thorough review of the whole criminal
authority has been given to the Judges by
justice system of the country so that
virtue of Sec. 311 of the Code of Criminal
methodical reforms may be made to recover
Procedure, 1973 wherein the Court is
the existing legal depravity. The Committee
given discretion to summon any person
7
as a witness or re-call and re-examine the prosecution may be reduced. This in
any person who has been previously turn will block the escape routes for the
examined if it is necessary for arriving at criminals, who have been taking huge
a just decision(Malimath,2003,p.31).The advantage of the lacunae of this system
committee pointed out that ‘just decision for years(Malimath,2003, pp.23-24). The
of the case’ does not equate to ‘the duty committee suggested that the standard
of discovering the truth’ and in reality, proof be set at a midway between “proof
when the witnesses are examined, the beyond reasonable doubt” (as followed in
Courts scarcely interrogates. Furthermore, India) and preponderance of probabilities
the trend of decisions is that the power (as followed in Europe). It called for a ‘clear
under Sec. 311 should be exercised with and convincing standard.’(Malimath, 2003,
immense caution(Malimath, 2003, p.32). p.269)
Thus, the committee suggested necessary
To reverse “presumption of innocence”
amendments to this section imposing a
and “right to silence”: The committee
duty on every Court to “suo moto cause
indicated that “presumption of innocence”
production of evidence for the purpose of
of the accused and “right to silence” are
discovering the truth”.
inter alia well recognized principles of
Justice to victims: The committee pointed criminal jurisprudence. “Right to silence”
out that the criminal justice system at hand is of the accused is a fundamental right which
heftily in favor of the accused and it does not germinates from the right against self-
sufficiently focus on justice to the victims. incrimination conferred by Article 20(3) of
The victim is the one who’s right has been the Indian Constitution. While explaining
pervaded by the accused, but he is not given the accurate range and meaning of “right
any right to partake in the criminal trial, to silence”, the committee referred to
except as a witness(Malimath,2003,p.20). examination of the accused under Sec.313
It recommended that the victim should of the Code of Criminal Procedure, 1973.
be given the right of active participation It emphasized on the fact that sec.313 will
in a trial so that he may furnish such not contradict the right of the accused
information which would aid the Court against self-incrimination because he may
in unearthing the truth or ensuring the decline to respond to the questions put to
production of new evidence necessary him and no coercion is involved herein.
to render justice(Malimath,2003,p.35). Thus, the Court is empowered to place
It further endorsed that victims must any questions to the accused during trial
have the right to prefer an appeal against which would give him a chance to clarify
acquittals(Malimath,2003,p.80) and right to the state of affairs appearing against him in
compensation(Malimath, 2003, p.265). the evidence and if the accused willingly
makes self-incriminatory statement, it may
To shift the trends in “burden of proof”
be taken into account, either in favor of
and “standard of proof”: The committee
him or against him(Malimath,2003,p.42).
specified that it is the obligation of the
However, the fact that the accused may
Courts to discover the ultimate truth and
reject to answer the questions put to him
pass judgments accordingly. Since India
not only results in immense bigotry to the
follows adversarial system of justice, the
prosecution, but also hampers the pursuit
Judge acts as a referee to see whether the
for truth. Thus, the committee suggested
case has been proved “beyond reasonable
that Sec. 313 should be substituted by
doubt” by the prosecution. By shifting the
Sec.313A, 313B and Sec.313C and that he
trends in “burden of proof” and “standard
should file a statement to the prosecution
of proof”, the unreasonable burden on
revealing his stand(Malimath,2003,p.267).
8
In fact, in similar lines, the Supreme Court not much of research has gone into that
of India has held that in case the accused presumption. Prof. Baxi argues that the
remains numb to the questions put to him only jurisdiction referred herein is France
by the court under Sec.313 of Cr.P.C., 1973, which is ruled by jury system and where
wherein he is expected to come out with offices of Magistrates and Prosecutors are
an clarification, leads to an unfavorable interchangeable. Whether such a system is
inference against the accused(Prahlad v. feasible for India has not been clarified in
State of Rajasthan, 2018). the report.(Baxi, 2003, p.25)
The extensive recommendations given The Committee emphasizes on the quest
by Malimath Committee were atypically for truth and warrants the judges with
straightforward in the sense that common extraordinary powers. However, court room
people have indeed lost trust in the present trials centre on facts, and established facts
criminal justice system, and that victims lead a judge towards educated guesses to
feel disregarded and unattended. However, what really happened.(Rodell, 1949, p.115)
a glance at the criticisms against Malimath Under such circumstances, the place of
report posed by Upendra Baxi propagate truth remains dubious.
that, most of the recommendations in the
Other critics have questioned the very
report are based on knee jerk reactions
constitution of the Committee with judges,
and not on sound legal propositions. For
bureaucrats, police, academician etc. In fact,
example, Prof. Baxi maintains that, the
it had no women members; nor prominent
report has significant acquaintance with
criminal law attorneys.(Nagaraj and Batra,
what has been already stated. At the outset of
2003)Moreover, the Committee sidelined
the report, Andre Gide’s quote “Everything
its discussion on the rights of poor and
has been said already, but as no one listens,
marginalized sections like dalits who are
we must always begin again” assuages the
victimized at the hands of the system.
readers into considering that the report is a
Though the Committee advanced on the
compiled version of existing acumen. (Baxi,
assumption that greater conviction rate shall
2003, p.6)
meet the ends of justice; yet critical human
Baxi maintains that reversing the rights concerns, like wrongful arrest and
“presumption of innocence” and “right detention, torture and custodial violence,
to silence” would challenge the cardinal crisis in legal aid, and growing number
principle of criminal justice administration. of under-trials, remained unaddressed.
In fact, “presumption of innocence” is (Narrain, 2003, p.2)
an essential right under the International
True that the concerns flagged by Malimath
Covenant on Civil and Political Rights. The
regarding a less-than-functional criminal
same has been incorporated under Article
justice system in India have been slammed
20(3) of the Indian Constitution. Reversing
on grounds of being hasty, flawed, and
presumption of innocence through prompt
ambiguous; yet, it cannot be disregarded
action, without establishing an evidence-
that the Committee made efforts towards
based relationship between high rates
revamping the entire system on the brink
of acquittals vis-à-vis presumption of
of collapse. The three major apparatus of
innocence, questions the credibility of the
the criminal justice machinery in India, the
Malimath report. (Baxi, 2003, p.18)
police, the court, and the prison, need discrete
Besides, the report talks about incorporation but coordinated reforms to induce tangible
of certain good points of inquisitorial changes (Krishnaswamy, Sivakumar and
system presuming that it “may” strengthen Bail, 2014, p. 17).Though legislative intent
the present adversarial system. However, relies more on facts than popular opinion,
9
Malimath’s recommendations, and rightly prosecution or defense case, the Court, time
so, concluded that Indian criminal justice and again, has talked about the ‘caveat’
administration will proceed towards a new that this power, which is vast and wide,
track bearing better justice dispensation should be exercised judiciously and with
once and for all, if the rights of the victims immense caution (Natasha Singh v. Central
are recognized and established, along with Bureau of Investigation, 2013;Rajaram
the rights of the accused. Prasad Yadav v. State of Bihar and another,
2013). The Court emphasized that though
Response To Malimath- Little Done, Vast
the discretion to examine witnesses under
Undone
Sec. 311 Cr.P.C, 1973 is wide, but, the
Out of the several recommendations made width requires corresponding vigilance
by the Malimath Committee, barely a few (Himanshu Singh Sabharwal v. State of M.P.,
have been acted upon. These include, 2008).The Court even warned that Sec. 311
inclusion of victim compensation scheme Cr.P.C, 1973 or Sec.165 of the Evidence Act,
through Sec. 357A of Cr.P.C, 1973; insertion 1872, cannot be exercised “to fill a lacuna
of victim protection through Sec. 357C of in the prosecution case” and it must be
Cr.P.C, 1973 which talks about providing perceived as an innate flaw in the milieu
treatment to victims free of cost; amendment of prosecution, the benefit of which should
to Sec. 372 of Cr.P.C, 1973 which provides in effect go to the accused (Rajendra Prasad
the victim with the right to prefer an appeal v. Narcotic Cell, 1999). Thus, in a situation
against any order passed by the Court where the evidence is concluded or where
acquitting the accused or imposing lesser the prosecution has closed the case, Sec.165
sentence or inadequate compensation; of the Evidence Act, 1872 would have no
insertion of sub-section (8) to Sec.24 Cr.P.C, application even though the prosecution
1973 which gives a right to the victim to fails on a material aspect(Omprakash
engage an advocate of his choice to assist Shankarlal Sharma v. State of Maharashtra,
the prosecution and infusion of sub-section 1993). The Court has furthermore held that
(5) to Sec. 313 of Cr.P.C, 1973 wherein the once a witness is examined-in-chief and
Court is given the power to take assistance cross-examined, such witness cannot be
from the prosecution and defense to prepare recalled and re-examined under Sec.311
relevant questions to be put before the of the Code of Criminal Procedure, 1973
accused. to deny evidence, even though the witness
had given inconsistent statement before any
However, the changes have made little
other Court or forum (State of MP v. Vinod
difference to the conviction rate(Ranjan,
Mudgal and Ors., 2008).Similarly, recalling
2017, p.46). Thus, decade and a half
an investigating officer after the closure
later since the Malimath Committee gave
of the evidence has been refused on the
its recommendations; the situation still
ground that such is not essential to arrive at
remains grim as ever.
a just decision(Chandran v. State of Kerala,
Even though the Judge is vested with 1985).
inquisitorial powers as inculcated under
The Court has held that “lacuna in the
Sec.165 of the Evidence Act, 1872, and
prosecution case” should not be treated as
Sec.311 of the Code of Criminal Procedure,
irreparable and the Court should be liberal
1973 that allow a Judge to seek any
in allowing such errors to be ameliorated
information necessary to obtain proper
(Rajendra Prasad v. Narcotic Cell, 1999).
proof of relevant facts and to ask for
Thus, Sec.311 of Cr.P.C, 1973 or Sec.165 of
production of vital evidence or examination
Evidence Act, 1872 can be exercised with
of a witness who is not a part of the
the intention of discovering the truth in
10
order to facilitate the court to arrive at a just 302 of the Indian Penal Code, 1860, was set
decision of the case (U.T. of Dadra and Nagar aside.
Haveli and another v. Fatehsinh Mohansinh
Similarly, in the case of Babu v. State of
Chauhan, 2006). In fact, the Court has
Kerala (2010), where the deceased died
inherent power to recall a witness under
within 15 days of her marriage due to
Sec.311 of Cr.P.C. 1973, if he is ready to give
cyanide poisoning which was procured by
evidence materially dissimilar from what
the accused appellant who manipulated the
he has given in the trial(Raj Deo Sharma
deceased to take it as an oral contraceptive,
v. State of Bihar, 1999); but ironically, the
and where the High Court of Kerala set
Court found it helpless to give justice to a
aside the acquittal of the accused by the
polio-ridden child rape victim; although it
trial Court on the ground that all the
was proved that she was sexually assaulted
circumstances necessary to establish
by the accused, a police officer. (K.
guilt against the appellant was proved
Venkateshwarlu v. State of Andhra Pradesh,
by the prosecution, the Supreme Court
2012) Lamenting on the acquittal, the Court
of India emphasized on “the principle of
said:
presumption of innocence” and “benefit of
“The demeanor of Aruna, the tears in her doubt”. Highlighting the statement of the
eyes, her walking out of the Court after accused which was furnished under Sec.313
looking at the appellant, pricks the judicial Cr.P.C, 1973, that he had seen the deceased
conscience….” (K. Venkateshwarlu v. State along with another man in a compromising
of Andhra Pradesh, 2012) position, the Supreme Court held that the
trial Court’s judgment was adequately
Similarly, where a six year old girl was taken
reasoned as the sequence of circumstances
to a field by the accused, who seduced her
were found patchy. Accordingly, the
with sweets, and thereafter committed rape
accused was acquitted on the ground of
on her, and smashed her face with bricks,
material contradictions in the prosecution
the Supreme Court maintained the acquittal
case, though the truth appeared far from it.
of the accused by the lower Courts on the
ground of grave lapses by the investigation In similar lines, the Supreme Court in the
or prosecution including non-examination case of Joydeb Patra v. State of West Bengal
of material witness and elimination of vital (2013) held that since the prosecution
evidence (State of Gujarat v. Kishanbhai, could not prove its case beyond reasonable
2014). The sheer anguish of the Court, doubt that the deceased died due to poison
though palpable in the judgment, could not administered by the accused persons, the
serve the cause of justice to an innocent lower Courts should not have declared
child or her immediate family. the appellant guilty simply because they
could not elucidate under what situation
In Lalu v. State of MP (2003), the Court
the deceased had died. In fact, the Court
held that the evidence adduced by the
stressed that Sec.106 of the Indian Evidence
prosecution was not considered worthy of
Act, 1872 do not alleviate the prosecution
credence because the prosecution failed to
from justifying the case “beyond reasonable
adequately ascertain the culpability of the
doubt.” Only after the prosecution proves
accused. The wife of the deceased, who
the case “beyond reasonable doubt,” the
was sitting by his side, when the deceased
burden in relation to such facts which was
received knife blows, avoided and evaded
within particular knowledge of the accused
all questions put to her in cross-examination
may be transferred to the accused for
and thus, her testimony, was discarded
explaining the same (Joydeb Patra v. State
completely and the conviction of the trial
of West Bengal, 2013). In a like manner,
Court for the offense punishable under Sec.
11
where it was proved that the deceased had intimidation, the High Court of Madhya
died due to several burn injuries in her Pradesh held that since after the alleged
body and that she was brutally assaulted by act, the prosecutrix as well as the accused
her husband and in-laws for want of dowry, wore their respective undergarment and
the Supreme Court chose to rely on the lungi, the probability that the prosecutrix
evidence given by the appellant husband was actually a consenting party to the
where he claimed to have been acquainted act, cannot be precluded. Thus, benefit of
with the handwriting and signature of his doubt was given to the appellant and the
wife, and affirmed that the chit which was conviction was set aside. So was the case
discovered from the dressing table was of Md. Ali v. State of U.P.( 2015), where the
indeed a suicide note from his deceased Supreme Court set aside the conviction of
wife where she clearly mentioned that the appellant by the lower Courts on ground
nobody but she alone was responsible for of benefit of doubt which arose due to the
her death (Vipin Jaiswal v. State of Andhra delay in lodging F.I.R, non-examination of
Pradesh, 2013). The Court stressed on the witness, medical evidence, testimony of the
onus of the prosecution “to prove beyond prosecutrix and allied circumstances.
reasonable doubt” the ingredients of section
In the Pipili Gang Rape case, where the
498A and section 304B of the Indian Penal
deceased victim was a 19 year old Dalit girl,
Code, 1860. It furthermore held that the
the Court acquitted the accused persons
Trial Court and the High Court could have
of rape on account of lack of evidence
compared the handwriting and signature
(Mohapatra, 2018). When the family of
of the alleged note with some of the other
the deceased faced constant threats to not
handwritings of the deceased under Sec.73
give evidence in the Court, the case was
of the Indian Evidence Act or could have
transferred to Bhubaneshwar(Babuli Behera
gone for an expert’s opinion under Sec. 45
v. State of Odisha, 2014) and eventually
of the Evidence Act, but they never resorted
the Pipili incident melted into thin air.
to these provisions (Vipin Jaiswal v. State of
Similarly, in the case of State of Gujarat v.
Andhra Pradesh, 2013).
Kishanbhai (2014) where the trial Court held
In Niranjan Panda v. State of Orissa (2011), that the prosecution has “proved the case
where the victim was a minor girl under beyond reasonable doubt” and sentenced
the age of 12 years who in her evidence the convict with death for committing rape
testified that a man dragged her into the and brutal murder of a child as young as 6
place of occurrence which was dark and years, the High Court acquitted Kishanbhai
raped her, the High Court of Orissa retained giving justification like deficiencies in
the conviction by the Sessions Court on the investigation and incongruity in the
ground that the evidence on record could prosecution case. Aggrieved by the order
not prove the charges “beyond reasonable of the High Court, the State of Gujarat
doubt”. The Court stressed on the right of approached the Supreme Court wherein
innocence and furthered that every man is it was held that the investigating officers
presumed innocent until contrary is proved; had miserably failed in discharging their
the burden of proving everything which is duties and the misery of the victim’s
necessary for the establishment of charge family remained unaddressed. Regretting
lies with the prosecution (State of Rajasthan the acquittal due to evident blunder in
v. Mohan lal, 2009).Correspondingly, in the investigation and prosecution of the
Lakhan Hari Yadav v. State of MP(2007), case and material inconsistencies in the
after appreciation of evidence in the evidence produced; the Court concluded by
trial Court, when the appellant was held stating that-
guilty of the offences of rape and criminal
12
“A heartless, merciless criminal, who has truth’ (Klein, 2016,pp.1-2). The Malimath
committed an extremely heinous crime, has Committee emphasized on this very aspect
gone scot-free…We are trained to adjudicate of decision making premised on traditional
without taking sides, and without being principles of criminal jurisprudence and
mindful of the consequences…We could procedural fairness as negating the quest
not serve the cause of justice to an innocent for truth and, in a sense, of justice. In
child…” (State of Gujarat v. Kishanbhai, fact, plethora of decisions delivered by
2014) the Courts has indicated a failure of truth
and consequently, justice, either because
More than 15 years have passed since
of shoddy investigation, or absence of
the Malimath Committee gave its
evidence, or some other material lapses.
recommendations. Still, the above
In each of the cases, over-emphasis on the
discussion poses real questions on the
presumption of innocence, right of silence,
existing approach of the judicial system
right against self-incrimination, proof
towards dispensation of justice which is far
beyond reasonable doubt etc. on one hand,
away from truth.
and the Judge’s perceived neutrality on the
6. CONCLUSION other, have tilted the balance unjustifiably
in favor of the accused, causing grave
The quest for truth is an eternal quest of
injustice to the injured party. It has also
mankind. It has its basis in the philosophy
generated a sense of void, insecurity, and
which tries to comprehend the very nature
diffidence in the society and towards the
of ‘truth’. However, in legal context, the
criminal justice system as a whole. Time is
truth-inquiry the Courts delve into is
ripe for an overhaul in the system as there
different in the sense that, the questions
can be no justice without truth. To quote
revolve around finding the correct answer to
the words of Rabindranath Tagore, ‘Facts
the questions posed before it; for example:
are many, but the truth is one’; and thus,
did the accused do the act? A system which
the purpose of the justice system should be
forms decisions on the basis of competing
towards securing that truth which shines
version of events is anything but true; it is a
clear and constant.
sort of ‘weak deflationist understanding of

13
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16
Redesigning of Urban Safety Measurement Model

Analysing Crime Standpoints
Rajesh Kumar*
Abstract
The objective of this study is to present a blueprint; how to test the safety status of a city. It
applies the proposed model to investigate the first list of Indian smart cities. It measures the
safety status of select cities by analyzing the crime standpoints and attempts to enquire; Are
smart cities safe cities? The method creates five crimes categories based on relative nature and
severity. Further, it assigns different value points for different crime categories to develop the
city’s safety point as a determinant which constructs a more balanced tool. The study prima
facie confirms that none city found safe as per the scale set forth. The applied model is one of
the modules which may supplement to a broader assessment framework. Through a review of
studies, it endorses the identical elements that will enrich the evaluation process and also be
the topics of future investigations.
KEY WORDS
Urban safety; Measurement model; Indian smart cities; Ranking of safe cities; Crime
statistics.
Introduction 104 million, this means urban planners will

face escalating challenges and consequences
The growth of urbanization is taking place
ahead as these slums will mostly proliferate
at a faster rate in India since before its
in sleepy towns (Das, 2013) Contrary to
independence. The population of an urban
above, GoI (Government of India) launched
area was 11.4 percent according to 1901
SCM (Smart Cities Mission) in June 2015
census which increased to 28.53 percent in
to develop 100 smart cities nationwide
2001 and crossed 31.15 percent; according
with the budget of 2031.72 billion for
to 2011 census 377 million people living in
infrastructure development. However, it will
urban areas and in 2018 this number rose
impact 99630069 lives (Ministry of Housing
to 449 million, accounting for 33.2 percent
and Urban Affairs, 2015) but eventually, the
of India’s population and urban population
situation is awfully weird.
projects to increase to about 600 million by
2030. (Worldometers, 2018) The village dweller moving towards an urban
area because of many reasons, primarily
The two peculiarities of congested cities
for a livelihood. While they move to a city,
attract attention; first, several slums
an obvious question arises in their mind.
rise rapidly, 37.14 percent decadal
How much is this city safe? How much
growth recorded in the number of ‘slum’
will they be safe in the city? The individual
households. Almost two-thirds of statutory
keeps the safety as a topmost priority and
towns in India have ‘slums’ and 13.75
in that case, safety studies influence their
million households live in them. (Housing
mind. To find an answer to these questions,
and Land Rights Network, 2014, p.1) By
it becomes inevitable to understand the
2017, slum population of India will surge to
*FORE School of Management New Delhi, ORCID No. 0000-0002-8735-3540, Email: rkdce2004@gmail.com

17
safety evaluation process. Their concerns and general citizen well-being, (IHS Markit,
have to be addressed appropriately. Hence, 2017) which highlights the significance
the primary aim of this study is to develop a of crime rate, used as a standard index.
basic and reliable evaluation approach. Hence, instead of numerous contrary facts,
the data on crime remains a prime tool and
Objectives of the Study
rate of crimes applied as an index for such
The explicit objectives of this study are evaluation studies. In 1958, the FBI created
to highlight the present crime statistics of a national crime index to serve as a general
select cities; propose a model to evaluate indicator of criminality in the United
the safety status of a city; find overall CSP States. (Federal Bureau of Investigation,
(City’s Safety Points) as a determinant 2004) An international study based on an
by categorising crimes by nature and index composed of forty-nine quantitative
severity and identify a few more supportive and thirty-one qualitative indicators. These
components for evaluation. indicators are a diverse mix of four thematic
categories: on the relative level of safety of
Review of Literature
four main categories, for example, digital
The population density and compactness, security, health security, infrastructure
(Lehmann, 2016, p.2) and crime rate, both safety, and personal safety. (Economist
are significant components for safety and Intelligence Unit, 2017) But this study
security of cities. The twelve select smart applies different assessment tools than the
cities average populate 33.9 lakhs; (Smart EIU study. Ironically, there is no such basic
Cities Mission, 2015, June) ICC (Incidence of evaluation research work found which have
Cognizable Crimes) -12101 and RCC (Rate of used standardized parameters.
Cognizable Crimes)-454 each city whereas
The traditional crime rate does not provide
the incidence of national cognizable crimes
information on the overall seriousness of
is 7326099 with AIR (All India Rate of
crimes, further propose Crime Severity Index
Cognizable Crimes) of crimes-581.8. These
for Canada using data on police-reported
cities embrace 40680000 lives that’s 3.36
crime by considering the relative severity of
percent of national (1210854977) and 10.79
a particular crime compared to other crimes.
percent of urban (377106125) respectively.
The seriousness of each offense (weights)
(National Crime Records Bureau, 2015).
is derived from actual sentences handed
A few evaluations study on the city’s safety down by courts. (Wallace, et al. 2009) The
and ratings are available. Further, notice conventional crime evaluation determines
that these studies result from spontaneous by the RCC but this study develops nRCC
action, and later such studies become (new Rate of Cognizable Crimes); allocates
self-victim due to the dearth of standard different value points to different categories
operating procedures. The investigators raise of crimes by assessing their severity.
questions on the validity of parameters and
Methods
instruments used for the studies. Several
studies examined by various viewpoints A present study is a well-defined act of
but none found suits to the Indian context. quantitative research measuring the safety
A study presents that at the aggregate level, status of a city. It follows the descriptive,
reporting efficiency stood around 73 % (27 and analysis method and present results in
% under-reporting) (Chaudhuri, Chaudhuri order.
and Kumbharkar, 2015, p.13) which shows
Source of Data
an under-reporting of cases comprises
a high ratio. Another study shows that The first list of smart cities declared by
reduced crime rates improve public safety the SCM, Ministry of Housing and Urban
18
Affairs, GoI recorded from its website safety, i.e., preventive data on the natural
whereas the study restricts to smart cities. disaster, terrorist attacks, human errors etc.
It records the prerequisite crime data from reviewed, and as noticed that these facets
the annual report: ‘Crime in India 2015 comprise insufficient data. Ultimately,
Statistics’. (National Crime Records Bureau, the study focuses on crimes data where
2015) It uses the data figures mentioned as a uniform data found in an annual report
RCC under different crime heads during ‘Crime in India’ which is one of the prime
2015 for both IPC (Indian Penal Code) (refer documents on crime statistics in India.
table 4) and SLL (Special and Local Laws) The rate of crime is a standard unit for
(refer table 5) comprising 52 and 56 crime measurement; crime reported per lakh
heads respectively. It excludes some crime person in the target population. It uses the
heads which comprises a zero value and data on cognizable crimes as it is, available
reflects no relevance form the study. in the report and RCC considered as an
index for calculations and comparisons.
Data and Study Limitations
The SCM declared smart cities on 28 January
Many questions arise while conducting this
2016 on the factsheet of the year 2015 that
study that ‘which component: digital security,
also included safety and security aspects.
health security, infrastructure safety, and
Therefore, the ground realities of safety and
personal safety’ to analysis. After a review
security of these cities must test. Hence,
of the literature, the study observes that data
the study accumulates the data of the select
on personal safety is more significant among
cities for the same year. The eight cities out
above all components. Further, the data on
of twenty smart cities comprise inadequate
personal safety reviewed; i.e., pre-measured
data, focused the study to twelve cities
data to prevent crime; data on a post-crime
only.
investigation and policing procedures; and
trial, judgment and convictions rate, etc. As compare in table 1; the ICC of cities;
Apart from the above, the data on other Jaipur, Indore, and Ahmedabad gained top
facets which may indirectly influence the unsafe rank; in order to RCC, the rank order
Table 1 - List of cities in order of RCC.

Smart City City* ICC# Safety Rank: Population# RCC# Safety Rank
Rank* ICC# index (In Lakhs) :RCC# index
4 SU-Surat 3985 2 45.8 86.9 1
18 CH-Chennai 13422 6 87.0 154.3 2
13 CB-Coimbatore 3827 1 21.5 177.9 3
19 LD-Ludhiana 4012 3 16.1 248.6 4
6 AM-Ahmedabad 15964 10 63.5 251.3 5
2 PN-Pune 15349 9 50.5 303.9 6
8 VP-Visakhapatnam 6005 4 17.3 347.1 7
5 KC-Kochi 13781 7 21.2 650.7 8
7 JB-Jabalpur 9253 5 12.7 729.7 9
20 BP-Bhopal 14857 8 18.8 789.0 10
11 ID-Indore, 18463 11 21.7 852.0 11
3 JP-Jaipur 26288 12 30.7 855.5 12
Source: * Smart Cities Mission, (2015) # Crime in India 2015 Statistics

19
changed to Jaipur, Indore, and Bhopal and AIR
1. Average RCC =
so on as table 1 depicts. But equal weight- Value points of crime category
age or equalized RCC for all crimes is not
justifiable which half-finished evaluation RCC
process appears. A heinous or accidental 2. nRCC =
crime can’t be equally weighted; allocating Average RCC
a different value to a different nature of
crimes considering its severity become For example, Average RCC = (AIR of
vital. Murder) 2.6 / Value points of crime category
Design and Development of Assessment Model 5=0.52 nRCC= (RCC of Ahmedabad) 1.4 /
(Average of RCC) 0.52= 2.69 (Please refer
The following assumed categories of crimes table 4)
assigned the value points under their
severity. The study carefully drives the The above formula is a new experiment to
severity (value) of each crime by weighing gain nRCC. The same results can be carried
the actual award of punishment under IPC out by the following formula also.
and SLL; further on the merit of the expert’s 3. i.e., murder in Ahmedabad (1.4 / 2.6 X 5
advice. = 2.69)
First; a list of eligible crimes prepared Analysis and Discussion
separately for SLP and SLL along with their
AIR and RCC. AIR of cognizable crimes By applying the proposed formula, nRCC of
denoted as the national base index for the each city for each crime under IPC and SLL
rate of crime. Then as below-proposed, it separately (refer table 4 and 5 respectively)
Crime Most Heinous Heinous Major Minor Incidental

Category Crimes Crimes Crimes Crimes Minor Crimes
Value Points 5 4 3 2 1
uses the formula to get nRCC under the

above value points. retrieved; overall nRCC corroborated to
gain CSP for ranking of cities in order to
determine the safety status. (See table -3)
Table 2 - Calculations of CSP.
IPC SLL Overall
S.N.
CSP Score in + CSP Score in - CSP Score in + CSP Score in - CSP Score in + CSP Score in -
1 94.02 -39.11 65.64 -0.01 159.66 -7.37
2 75.21 -79.44 82.60 -6.90 157.81 -17.19
3 58.24 -46.71 73.99 -68.26 58.23 -33.33
4 34.12 -106.86 46.11 -8.52 34.88 -57.55
5 68.36 -76.91 38.96 -35.17 27.22 -67.9
6 1.15 -10.84 0.1 -254.55
7 17.98 -177.64
Av 349.08/7 -349.03/5 307.3/5 -307.34/7 -437.9/6 -437.89/6
Mn =49.87 = 69.81 =61.46 = 43.91 = -72.98 = -72.98

20
The Average Mean of all cities nRCC carried If CSP=0 then the city is considered as
out, i.e., 147.24 for IPC; 129.50 for SLL and ‘Safe’
276.74 for overall.
If 49.87<CSP then the city is considered as
The average mean (AvMn) of overall nRCC: ‘Relatively Safe’
4. nRCC (IPC)+nRCC (SLL)=overall nRCC If 0<CSP≤49.87 then the city is considered
calculated by applying the following as ‘Unsafe’
formula, i.e.
If 0<CSP≤-69.81 then the city is considered
5. as ‘Relatively Unsafe’
∑nRCC (3320.87)
Average mean = If -69.81<CSP then the city is considered as
city counts (12) ‘More Unsafe’
(Overall) (see table 3 ; similarly AvMn It assumes the city’s safety level as per SLL
as…
calculated for IPC and SLL)
If CSP=0 then the city is considered as
Further, nRCC is converted into CSP to ‘Safe’
determine the safety status of the cities.
If 61.46<CSP then the city is considered as
6. (See table 3; similarly CSP of other cities ‘Relatively Safe’
calculated as per IPC, SLL and overall)
If 0<CSP≤61.46 then the city is considered
7. a) as ‘Unsafe’
Average mean of overall city’s CSP in (+)
If 0<CSP≤-43.91 then the city is considered
∑of city’s CSP (437.90) as ‘Relatively Unsafe’
=
city counts (6) If -43.91<CSP then the city is considered as
‘More Unsafe’
b)
Average mean of city’s CSP in (-) It assumes an overall city’s safety level
as…
∑of city’s CSP (-437.89)
= If CSP=0 then the city is considered as
city counts (6) ‘Safe’
Similarly, the above method applied to get If 72.98<CSP then the city is considered as
nRCC and CSP for both IPC and SLL. ‘Relatively Safe’
Refer table 2: the seven cities found CSP in If 0<CSP≤72.98 then the city is considered
+ and five cities in – under IPC; five cities as ‘Unsafe’
found CSP in + and seven cities – under If 0<CSP≤-72.98 then the city is considered
SLL and as overall equal cities six found in as ‘Relatively Unsafe’
+ and – both.
If -72.98<CSP then the city is considered as
Further, the cities divided into following ‘More Unsafe’
five safety statuses as per the gained CSP.
The CSP score assists the comparison among
Safe City Status cities and ranks them in order as depicted
It assumes the city’s safety level as per IPC in table 3. An ideal condition assumed for
as… a safe city; the city which obtained zero (0)
Safe  Relatively Safe  Unsafe  Relatively Unsafe  More Unsafe

21
Table 3 - Overall safety status of smart cities in order.

IPC SLL Overall
Rank City nRCC# CSP^ Status nRCC# CSP^ Status nRCC# CSP^ Status Rank
4 SU 53.22 94.02 Relatively 63.86 65.64 Relatively 117.08 159.66 Relatively 1
Safe Safe Safe
6 AM 72.03 75.21 Relatively 46.90 82.60 Relatively 118.93 157.81 Relatively 2
Safe Safe Safe
18 CH 89.00 58.24 Relatively 129.51 -0.01 Relatively 218.51 58.23 Relatively 3
Safe Safe Safe
2 PN 186.35 -39.11 Relatively 55.51 73.99 Relatively 241.86 34.88 Relatively 4
Safe Safe Safe
8 VP 113.12 34.12 Unsafe 136.40 -6.90 Relatively 249.52 27.22 Unsafe 5
Unsafe
13 CB 78.88 68.36 Relatively 197.76 -68.26 More 276.64 0.1 Unsafe 6
Safe Unsafe
19 LD 146.09 1.15 Unsafe 138.02 -8.52 Relatively 284.11 -7.37 Relatively 7
Unsafe Unsafe
5 KC 129.26 17.98 Unsafe 164.67 -35.17 Relatively 293.93 -17.19 Relatively 8
Unsafe Unsafe
11 ID 226.68 -79.44 More 83.39 46.11 Unsafe 310.07 -33.33 Relatively 9
Unsafe Unsafe
7 JB 193.95 -46.71 Relatively 140.34 -10.84 Relatively 334.29 -57.55 Relatively 10
Unsafe Unsafe Unsafe
20 BP 254.10 -106.86 More 90.54 38.96 Unsafe 344.64 -67.9 Relatively 11
Unsafe Unsafe
3 JP 224.15 -76.91 More 307.14 -177.64 More 531.29 -254.55 More 12
Unsafe Unsafe Unsafe
Av 1766.83/1 1554.04/1 3320.87/1
Mn 2=147.24 2=129.50 2=276.74
*Smart Cities Mission, (2015) Ranking; # See table 4 and 5; ^ See table 2
CSP score considered a safe city and zero rank of a smart city and a safe city. Hence,
(0) CSP score set as an index for the safe the rank of smart cities irrelevant to their
city. The obtained CSP score by the cities in status of safety. While comparing, two safer
plus and in minus appropriately assigned cities as per RCC of table 1 found a place
safety status in table 3. The city’s safety in the top three safer cities as per nRCC in
status presented as per the obtained CSP table 3. Identically all five top unsafe cities
score for IPC, SLL and overall separately. of table 1 found the place among top five
It depicts the safety level in decreasing unsafe cities in table 3 but in a changed
order from safe to unsafe. (From city SU to order. Hence, results of this study are along
JP) Prima facie, none city found safe as per the line which proved its worth by filling
the scale set forth. Inconsistency noticed the proportional gaps which observed in
in smart city rank and safety status of the table 1 and by applied to the proposed
cities while comparing CSP score as per the model; it presents refined results in table
IPC, SLL and overall. 3. By applying the model anyone can find
the safety status of a particular city and
Concluding Remarks
can rank them by comparing among other
The study observes no consistency in the
22
uniform cities. The method used in this figures for better evaluation model.
study may be an example to other similar Through the literature review, it identifies
studies or will add value to more exhaustive the above components that may enhance
studies. The study will draw the attention the evaluation procedure and could be
of think tanks, government agencies, the topics for future research. Further,
and individuals who involve in research, standardization of crime data from local to
policy making, and execution of decisions. international level is highly requisite for a
Further, it will encourage them to develop more structured and elaborative evaluation
benchmarks for the evaluation processes. method.
It is acknowledged that the results are * Due to non-availability of AIR, lowest
significant even though there are many RCC of the city considered as AIR for that
limitations to the study. It recommends a particular crime.
holistic evaluation framework comprising
Note: 1. The calculated values are rounded
personal safety, digital security, health
up to one decimal and two decimals for RCC
security, infrastructure safety, a safety
and nRCC (in bracket) respectively; hence
measure for the natural disaster, and human
an approximate value is used for analysis.
errors, etc. Further, an integrated uniform
crime reporting platform (to lodge FIR) is 2. While conducting a study for other cities,
in the want of dealing with under-reported existing crime may be removed or added
cases. Standardization of crime statistics new crime(s), sub-crime(s) or category as
recording and reporting is substantially require
essential to compare identical and contrary

23
REFERENCES
• Chaudhuri, K., Chowdhury, P., and Kumbhakar, S. C. (2015). ‘Crime in India: Specification
and estimation of violent crime index’ Journal of Productivity Analysis, 43(1), 13-28.
Retrieved, http://dx.doi.org/10.1007/s11123-014-0398-7 Accessed: 08 October 2018.
• Das, Dipak Kumar (2013). ‘By 2017, India’s slum population will rise to 104 million’,
The Times of India (New Delhi) 20 August 2013. Retrieved, https://timesofindia.
indiatimes.com/india/By-2017-Indias-slum-population-will-rise-to-104-million/
articleshow/21927474.cms Accessed: 13 October 2018
• Economist Intelligence Unit. Safe Cities Index 2017: Security in a rapidly urbanising
world. Retrieved, http://safecities.economist.com/safe-cities-index-2017 Accessed: 05
October 2018.
• Federal Bureau of Investigation, U.S. Department of Justice, (2004). Uniform Crime
Reporting Handbook. Revised. Retrieved, https://www2.fbi.gov/ucr/handbook/
ucrhandbook04.pdf Accessed: 15 October 2018
• Housing and Land Rights Network, (2014). The human rights to adequate housing and
land in India: status update 2013 [online]. Retrieved, https://www.hlrn.org.in/documents/
Housing_and_Land_Status_Update_2013.pdf Accessed: 03 October 2018
• IHS Markit (2017). Whitepaper: The Benefits of Safe Cities: Safer Cities Creating a Better
Life. [online]. Retrieved,https://cdn.ihs.com/www/Technology/Security/IHS_Markit-
Benefits_of_Safe_Cities_WhitePaper.pdf Accessed: 15 October 2018
• Lehmann, S. (2016), ‘Sustainable urbanism: Towards a framework for quality
and optimal density?’ Future Cities Environment, 2:8, 2-13 Retrieved, https://
futurecitiesandenvironment.com/articles/10.1186/s40984-016-0021-3/ Accessed: 18
October 2018
• Ministry of Housing and Urban Affairs (2015), SMARTNET: Smart Cities Mission,
Available at: https://smartnet.niua.org/smart-cities-network Accessed 04 October 2018
• National Crime Records Bureau. (2015). Crime in India 2015. Retrieved, http://ncrb.gov.
in. Accessed: 03 October 2018
• Smart Cities Mission. (2015, June). Statement and Guidelines. Retrieved, http://
smartcities.gov.in/upload/uploadfiles/files/SmartCityGuidelines(1).pdf Accessed: 05
October 2018
• Wallace, M., Turner, J., Matarazzo, A. and Babyak, C. (2009). Measuring Crime in Canada:
Introducing the Crime Severity Index and Improvements to the Uniform Crime Reporting
Survey 2009. Statistics Canada Catalogue no. 85-004-X. Ottawa. Retrieved,https://
www150.statcan.gc.ca/n1/en/pub/85-004-x/85-004x200900-eng.pdf?st=VC6Hc JCF
Accessed: 15 October 2018
• Worldometers. Retrieved, https://www.worldometers.info/world-population/india-
population. Accessed: 15 October 2018

24
Table 4: IPC-Crimes, Sub-crimes with AIR, Value points of crime category, and city’s RCC with nRCC in (bracket)
Valu
e
Sr Crimes Sub-Crimes AIR AM BP CB CH ID JB JP KC LD PN SU VP
point
1.4 2.9 1.2 1.6 3.2 3.2 3.7 0.5 4.5 2.5 2.2 1.4
1 Murders 2.6 5
(2.69) (5.58) (2.31) (3.08) (6.15) (6.15) (7.12) (0.96) (8.65) (4.81) (4.23) (2.69)
Murder 9.7
Attempt to Commit 0.8 4.0 1.8 2.4 9.1 3.4 0.9 4.2 3.6 0.4 2.8
2 3.7 4 (10.49
Murder (0.86) (4.32) (1.95) (2.59) (9.84) (3.68) (0.97) (4.54) (3.89) (0.43) (3.03)
)
Culpable Homicide
0.1 0.3 0 0.1 0 0.3 0.2 0.1 0.7 0.2 0.1 0
3 not amounting to 0.3 4
(1.33) (4) (0) (1.33) (0) (4) (2.67) (1.33) (9.33) (2.67) (1.33) (0)
Homicide Murder
Attempt to Commit 0 0.5 0 0 0.1 0.1 0 1.1 0 0 0 0

4 0.5 4
Culpable Homicide (0) (4) (0) (0) (0.8) (0.8) (0) (8.8) (0) (0) (0) (0)
5 Rape Rape 5.7 5 0.9 7.1 0.1 0.3 3.5 6.5 9.1 2.4 6.3 5.3 0.9 5
(0.79) (6.23) (0.09) (0.26) (3.07) (5.7) (7.98) (2.11) (5.53) (4.65) (0.79) (4.39)
Attempts to Commit 0 0.2 160 0 0.1 0.2 0.1 0 1.1 0 0 0.1

6 0.7 4
Rape (0) (1.14) (0) (0) (0.57) (1.14) (0.57) (0) (6.29) (0) (0) (0.57)
0 0 0 0 0 0 0 0 0 0 0 0
7 for Murder 0.1 3
(0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
0.1 0 0 0.1 0 0 0.1 0 0 0.2 0.2 0

8 for Ransom 0.1 3
(4) (0) (0) (4) (0) (0) (4) (0) (0) (8) (8) (0)
Kidnapping &
of Women to Compel 3.1 11.9 0 0.1 2.6 7.3 2.8 0.4 13.4 0.8 1.5 0
9 Abduction 5.2 3
her for Marriage (2.38) (9.15) (0) (0.08) (2) (5.62) (2.15) (0.31) (10.31) (0.62) (1.15) (0)
21.3
Other Kidnapping & 2.1 10.9 0.3 0.3 18.2 17.6 0.2 3.6 13 3.7 10.9
10 3.9 3 (16.38
Abduction (1.62) (8.38) (0.23) (0.23) (14) (13.54) (0.15) (2.77) (10) (2.85) (8.38)
)
0 0 0 0 0 0 0 0 0 0 0 0
11 Dacoity with Murder 0 5
(0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Dacoity
0.1 0.1 0.2 0.1 0.2 0.2 0 0.4 0.1 0.8 0.4 0
12 Dacoity 0.3 4
(1.33) (1.33) (2.67) (1.33) (2.67) (2.67) (0) (5.33) (1.33) (10.67) (5.33) (0)
17
25
Preparation and 0 0.5 0.1 0 0.6 0.2 0.2 0.3 1.9 0.6 0.1 0
13 0.3 2
Assembly for Dacoity (0) (3.33) (0.67) (0) (4) (1.33) (1.33) (2) (12.67) (4) (0.67) (0)
8
2.0 7.9 5.6 0.8 11.9 10.2 1.6 1.1 14.5 0.7 1.7
14 Robbery 2.9 4 (11.03
(2.76) (10.9) (7.72) (1.1) (16.41) (14.07) (2.21) (1.52) (20) (0.97) (2.34)
)
29.7
Criminal Trespass / 6.7 0 5.0 2.5 52.6 33.6 3.4 0.3 16.9 4.5 16.0
15 Criminal 6.9 3 (12.91
Burglary (2.91) (0) (2.17) (1.09) (22.87) (14.61) (1.48) (0.13) (7.35) (1.96) (6.96)
Trespass / )
Burglary House Trespass & 2.3 47.2 1.3 0.6 0 6.5 7.1 1.2 13.8 6.7 0.7 2.9
16 2.2 3
House Breaking (3.14) (64.36) (1.77) (0.82) (0) (8.86) (9.68) (1.64) (18.82) (9.14) (0.95) (3.95)
26.8 126.9 9.6 2.3 183.1 42.8 177.4 5.2 10.7 53.3 19 20.8
17 Auto Theft 15.8 3
(5.09) (24.09) (1.82) (0.44) (34.77) (8.13) (33.68) (0.99) (2.03) (10.12) (3.61) (3.95)
Theft
12.4 40.4 12.8 9.8 68.7 26.1 63.1 10.1 24.8 46.5 6.4 37.7
18 Other Theft 21.3 2
(1.16) (3.79) (1.20) (0.92) (6.45) (2.45) (5.92) (0.95) (2.33) (4.37) (0.6) (3.54)
0.4 0 2.4 2.6 0 0 9 5.5 0 0.1 0.1 0

19 Unlawful Assembly 0.9 2
(0.89) (0) (5.3) (5.78) (0) (0) (20) (12.22) (0) (0.22) (0.22) (0)
1.9 2.8 1.8 1.7 2.2 5 2.3 2 0 5.1 2.5 0.3

20 Riots 5.2 4
(1.46) (2.15) (1.38)
18 (1.31) (1.69) (3.85) (1.77) (1.54) (0) (3.92) (1.92) (0.23)
Criminal Breach of 2.6 1.7 0.6 0.8 2.0 0.6 6 0.8 2.3 2.1 0.5 3.9
21 1.5 3
Trust (5.20) (3.4) (1.2) (1.6) (4) (1.2) (12) (1.6) (4.6) (4.2) (1) (7.8)
2.8 9.0 7.2 3.1 6.0 6.9 176.5 26.6 27.9 15.5 7.8 29.9
22 Cheating 9.2 1
(0.30) (0.98) (0.78) (0.34) (0.65) (0.75) (19.78) (2.89) (3.03) (1.68) (0.85) (3.25)
0.4 0.1 0.1 1.7 1.2 0.4 0.1 0.5 0.1 0.1 0.8 0.6
23 Forgery 1.1 2
(0.73) (0.18) (0.18) (3.09) (2.18) (0.73) (0.18) (0.91) (0.18) (0.18) (1.45) (1.09)
Offences Reltd to
Coin/ Government 0.1 0.5 0 0.8 0.2 0 0 0.3 0 0.2 0.1 0

24 Counterfeiting 0.1 3
Stamp/ Currency & (3) (15) (0) (24) (6) (0) (0) (9) (0) (6) (3) (0)
Bank Notes
0.2 1.4 0.6 0.2 2.6 0.5 0.7 0.3 0.4 1.1 0.1 0.9
25 Arson 0.8 4
(1) (7) (3) (1) (13) (2.5) (3.5) (1.5) (2) (5.5) (0.5) (4.5)
2.7 1.4 1.0 0.5 3.4 7.3 0.3 3.9 12.3 12.9 3.8 4.2
26 Grievous Hurt Grievous Hurt 7.4 3
(1.09) (0.57) (0.41) (0.2) (1.38) (2.96) (0.12) (1.58) (4.99) (5.23) (1.54) (1.7)
19

26
0 0 0 0 0 0 0 0 0.1 0 0 0.1
27 Acid Attack 0 4
(0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Attempt to Acid 0 0 0 0 0 0 0 0 0 0 0 0
28 0 3
Attack (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
0 0.5 0 0.1 0.8 1 1 0 0.2 0.3 0 0.4

29 Dowry Deaths 1.3 5
(0) (1.92) (0) (0.38) (3.08) (3.85) (3.85) (0) (0.77) (1.15) (0) (1.54)
1.2 17.1 0 0.1 4.2 5.3 1.6 6.6 3 5.8 0.9 3.8
30 Sexual Harassment 4.0 4
(1.20) (17.1) (0) (0.1) (4.2) (5.3) (1.6) (6.6) (3) (5.8) (0.9) (3.8)
Use of Criminal
Assault on 0.1 0 0 0 0.1 0.9 0.8 0 0.8 0.4 0 1.4
31 Force With Intent to 1.4 3
Women with (0.21) (0) (0) (0) (0.21) (1.93) (1.71) (0) (1.71) (0.86) (0) (3)
Disrobe
Intent to
Voyeurism 0 0 0 0 0 0.3 0.1 0 0.1 0.1 0 0.4
32 Outrage her 0.1 1
(0) (0) (0) (0) (0) (3) (1) (0) (1) (1) (0) (4)
Modesty
0.3 0 0 0 1 3.2 0.7 0 0.4 3 0.1 2.2
33 Stalking 1.0 2
(0.60) (0) (0) (0) (2) (6.4) (1.4) (0) (0.8) (6) (0.2) (4.4)
34 Others 7.0 1 0.7 0 0.6 0.6 4.5 5.6 7.4 0 3.8 4.5 0.1 7.1
(0.10) (0) (0.09) (0.09) (0.64) (0.8) (1.06) (0) (0.54) (0.64) (0.01) (1.01)
0 0 0 0 0 0 0 0 0 0 0 0
35 At Office Premises 0 2 20
(0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Other Places Related 0 0 0 0 0 0 0 0 0 0.4 0 0

36 0.1 2
to Work (0) (0) (0) (0) (0) (0) (0) (0) (0) (8) (0) (0)
In Public Transport 0 0 0 0 0 0 0 0 0 0 0 0
37 Insult to 0.1 2
System (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Modesty of
Places other Than 0 1.0 0 0 4.8 1.5 0 0.9 0.4 1 0 0.5
38 Women 1.2 2
above Places (0) (1.67) (0) (0) (8) (2.5) (0) (1.5) (0.67) (1.67) (0) (0.83)
Cruelty by Husband 9.4 16.7 1.9 2.3 9.9 11.1 36.2 5.8 7.9 7.5 5.7 22.1
39 18.7 3
or His Relatives (1.51) (2.68) (0.30) (0.37) (1.59) (1.78) (5.81) (0.93) (1.27) (1.2) (0.91) (3.55)
Importation of Girls 0 0 0 0 0 0 0 0 0 0 0 0
40 0 3
from Foreign Country (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Causing Deaths Due to Rash / 5.8 8.8 12.0 10.0 10.3 17.6 28.2 6.4 17.0 9.2 5.6 22.4
41 10.3 4
Deaths by Negligent Driving (2.25) (3.42) (4.66) (3.88) (4) (6.83) (10.95) (2.49) (6.6) (3.57) (2.17) (8.7)
42 Negligence Deaths Due to other 0.4 5 0.1 0.8 1.3 1.2 1 1.5 0.2 0.1 0 0.8 0 1
21
27
Causes (12.5) (10) (16.25 (15) (12.5) (18.76 (2.5) (12.5) (0) (10) (0) (12.5)
) )
0 0 0 0 0 0 0 0 0 0 0 0
43 Sedition 0 4
Offences (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Against State 0 0 0 0 0 0 0 0 0 0 0 0
44 Others 0 3
(0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
On Ground of
Offences 0 0.1 0.4 0.1 0 0 0 0 0 0 0 0
45 Religion, Race, Birth 0.1* 3
Promo -ting (0) (3) (12) (3) (0) (0) (0) (0) (0) (0) (0) (0)
Place, etc.
Enmity
Imputation,
Between
Assertions 0 0 0 0 0 0 0 0 0 0 0 0
46 Different 0 4
Prejudicial to (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Groups
National Integration
0.7 0.6 0.9 0.9 1 2.1 0.5 0.3 0.5 1.4 0.3 0.6
47 Extortion 0.8 4
(3.5) (3) (4.5) (4.5) (5) (10.5) (2.5) (1.5) (2.5) (7) (1.5) (3)
48 Disclosure of Identity 0 2 0 0 0 0 0 0 0 0 0 0 0 0
of Victims (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0)
Causing Injuries 159.2

22
37.9 178.9 58.3 74.9 198.8 76.1 495.8 0.2 26 12.2 80.1
49 under Rash Driving/ 35.8 3 (13.34
(3.18) (14.99) (4.89) (6.28) (16.66) (6.36) (41.55) (0.02) (2.18) (1.02) (6.71)
Road Rage )
0 0 0 0 0 0 0 0 0 0 0 0
50 Human Trafficking 0.1 4
(0) (0) (0) (0) (4) (0) (0) (0) (0) (0) (0) (0)
Unnatural Offences 0 0.3 0 0 0.2 0.2 0.1 0 0.8 0.3 0.1 0

51 0.1 3
(0) (9) (0) (0) (6) (0.6) (3) (0) (24) (9) (3) (0)
125.0 286.8 50.4 31.5 243.6 337.1 179.2 67.0 83.7 41.1 5.3 65.8
52 Other IPC Crimes 77.4 2
(3.23) (7.41) (1.3) (0.81) (6.29) (8.71) (4.63) (1.73) (2.16) (1.06) (0.14) (1.7)
(72.03 (254.1 (78.88 (226.6 (193.9 (224.15 (129.2 (146.0 (186.3 (53.5 (113.12
Total nRCC (89)
) 0) ) 8) 5) ) 6) 9) 5) 2) )
INDIAN JOURNAL OF CRIMINOLOGY - Volume 46

23 & 47 2018-2019
28
Table 5: SLL-Crimes with AIR, Value points of crime category, and city’s RCC with nRCC in (bracket)
Valu
e
Sr Crimes AIR AM BP CB CH ID JB JP KC LD PN SU VP
point
49.6 39.6 31.0

1.6 0.1 7.8 0.2 2.3 2.2 0.5 0.1
1 Arms Act, 1959 4.2 3 (35.43 0 (28.29 (22.14
(1.14) (0.07) (5.57) (0.14 (1.64) (1.57) (0.36) (0.07)
) ) )
0.1 0.8 4.8 1.4 0.9 4 0.7 30.9 30.2 1.1 0.1 1.7
2 NDPS Act 4 4
(0.1) (0.8) (4.8) (1.4) (0.9) (4) (0.7) (30.9) (30.2) (1.10) (0.1) (1.7)
72.7 103.9
20.8 14.2 2.6 42.9 44.2 2.3 22.7 8.2 17.9 1.4
3 Gambling Act 10.3 2 (14.12 (20.17
(4.04) (2.76) (0.5) (8.33) (8.58) (0.45) (4.41) (1.59) (3.48) (0.27)
) )
132.7 133.2
58.2 32.8 26.8 3.1
4 Excise Act 16.4 2 0 (16.18 0 0 (16.34 0 0 0
(7.1) (4) (3.27) (0.38)
) )
205.1 903.9
124.5 101.1 191.8 27.2
5 Prohibition Act 39.8 2 (10.46 0 24 0 0 0 0 (46.12 0
(6.35) (5.16) (9.79) (1.39)
) )
Explosives & Explosive 0.9 0.1 0.1 0.1 0.5 3.9 0.5 0.1 0.3 0.5
6 0.3 4 0 0
Substances Act (12) (1.33) (1.33) (1.33) (6.67) (52) (6.67) (1.33) (4) (6.67)
Immoral Traffic (Prevention) 0.1 0.2 1.7 2.3 0.4 0.7 2.8 1.3 1.2 2.0
7 0.2 4 0 0
Act (2) (4) (34) (46) (8) (14) (56) (26) (24) (40)
0.1
8 Indian Railways Act 0.1* 2 0 0 0 0 0 0 0 0 0 0 0
(2)
0.1 0.1
9 Registration of Foreigners Act 0.1* 3 0 0 0 0 0 0 0 0 0 0
(3) (3)
0.2
10 Protection of Civil Rights Act 0.2* 2 0 0 0 0 0 0 0 0 0 0 0
(2)
0.1 0.8 0.1 0.2

11 Passport Act 0.1 2 0 0 0 0 0 0 0 0
(2) (16) (2) (4)
12 Essential Commodities Act 0.4 2 0 0.6 0 0 0.3 0 0.1 0.8 1.1 0.7 0 0.3
(3) (1.5) (0.5) (4) (5.5) (3.5) (1.5)
Antiquities & Art Treasures Act,

25
13 0 2 0 0 0 0 0 0 0 0 0 0 0 0
1972
0.9
14 Dowry Prohibition Act 1.6 3 0 0 0 0 0 0 0 0 0 0 0
(1.69)
29
(3) (1.5) (0.5) (4) (5.5) (3.5) (1.5)
Antiquities & Art Treasures Act,

13 0 2 0 0 0 0 0 0 0 0 0 0 0 0
1972
0.9
14 Dowry Prohibition Act 1.6 3 0 0 0 0 0 0 0 0 0 0 0
(1.69)
Indecent Representation of
15 0 3 0 0 0 0 0 0 0 0 0 0 0 0
Women (Prohibition) Act
0.6 0.7 6.2 4.8 0.2 0.4 0.9 0.5 2.5 1.0 0.3 0.8
16 Copy Right Act, 1957 0.4 2
(3) (3.5) (31) (24) (1) (2) (4.5) (2.5) (12.5) (5) (1.5) (4)
8.7 10.7
Protection of Children from 3.0 5.5 1.3 1.6 0.5 0.4 3.0 0.1
17 3.3 4 (10.55 (12.97 0 0
Sexual Offences Act (3.64) (6.67) (1.58) (1.94) (0.61) (0.48) (3.64) (0.12)
) )
SC/ST (Prevention of 0.3 0.1 0.4 0.1 0.2 0.1 7.9

18 2.2 2 0 0 0 0 0
Atrocities) Act (0.27) (0.09) (0.36) (0.09) (0.18) (0.09) (7.18)
0.4 0.1
19 Forest Act 0.3 3 0 0 0 0 0 0 0 0 0 0
(4) (1)
Prohibition of Child Marriage 0.1 0.1

20 0.1 2 0 0 0 0 0 0 0 0 0 0
Act 26 (2) (2)
Protection of Women From 0.2

21 0.1 3 0 0 0 0 0 0 0 0 0 0 0
Domestic Violence Act (6)
0.4 0.7 0.4 0.3 1.4 1.8 14.9 1.0 1.2 0.3 0.3 13.9
22 Information Technology Act 0.6 3
(2) (3.5) (2) (1.5) (7) (9) (74.5) (5) (6) (1.5) (1.6) (69.5)
23 Official Secrets Act 0 3 0 0 0 0 0 0 0 0 0 0 0 0
0.1 6.1 0.1

24 Electricity Act 7.8 2 0 0 0 0 0 0 0 0 0
(0.03) (1.56) (0.03)
0.1 0.1 0.1

25 Wildlife Protection Act 0.1 3 0 0 0 0 0 0 0 0 0
(3) (3) (3)
Bonded Labor System 0.1

26 0.1* 3 0 0 0 0 0 0 0 0 0 0 0
(Abolition) Act (3)
27 Environmental (Protection) Act 0 3 0 0 0 0 0 0 0 0 0 0 0 0
Air (Prevention & Control of 0.1

28 0.1* 3 0 0 0 0 0 0 0 0 0 0 0
Pollution) Act, 1981 (3)
27

30
Water (Prevention & Control of

29 0 3 0 0 0 0 0 0 0 0 0 0 0 0
Pollution) Act, 1974
1.2
30 National Security Act 1.2* 4 0 0 0 0 0 0 0 0 0 0 0
(4)
Unlawful Activities 0.2

31 0.1 3 0 0 0 0 0 0 0 0 0 0 0
(Prevention) Act (6)
Young Persons (Harmful Pub.)

32 0.1 3 0 0 0 0 0 0 0 0 0 0 0 0
Act
Railway Property (Unlawful

33 0 3 0 0 0 0 0 0 0 0 0 0 0 0
Possession) Act
1.5
Prevention of Damage To 1.3 0.4 1.0 0.8
34 0.4 3 0 0 0 0 (11.25 0 0 0
Public Property Act (9.75) (3) (7.5) (6)
)
Transplantation of Human
35 0 4 0 0 0 0 0 0 0 0 0 0 0 0
Organs Act
36 Trade Marks Act 0.1* 2 0.1 0 0 0.1 0 0 0 0 0 0 0 0
(2) (2)
Prevention of Insults To 28
37 0 3 0 0 0 0 0 0 0 0 0 0 0 0
National Honor Act
State Emblem of India
38 (Prohibition of Improper Use) 0 2 0 0 0 0 0 0 0 0 0 0 0 0
Act, 2005
15.5 3.4
3.0
39 Lotteries (Regulation) Act 0.3 2 0 0 (103.3 0 0 0 0 (22.67 0 0 0
(20)
3) )
40 Citizenship Act, 1955 0 3 0 0 0 0 0 0 0 0 0 0 0 0
0.1 0.1
41 Foreigners Act 0.2 3 0 0 0 0 0 0 0 0 0 0
(1.5) (1.5)
Place of Worship (Spl

42 0 2 0 0 0 0 0 0 0 0 0 0 0 0
Provisions) Act
Religious Institution (Prevention

43 0 2 0 0 0 0 0 0 0 0 0 0 0 0
of Misuse) Act
29
31
Representation of the People
44 0.1 3 0 0 0 0 0 0 0 0 0 0 0 0
Act
0.8 0.5
45 Emigration Act 0.5* 3 0 0 0 0 0 0 0 0 0 0
(4.8) (3)
Juvenile Justice (Care And 0.2 5.3 0.4 0.5 0.1

46 0.1* 3 0 0 0 0 0 0 0
Protection of Children) Act (6) (159) (12) (15) (3)
Infant Milk Substitutes, Feeding
Bottles And Infant Foods
47 (Regulation of Production, 0 3 0 0 0 0 0 0 0 0 0 0 0 0
Supply and Distribution)
Amendment Act
48 Anti-Hijacking Act, 1982 0 4 0 0 0 0 0 0 0 0 0 0 0 0
49 Atomic Energy Act, 1962 0 4 0 0 0 0 0 0 0 0 0 0 0 0
Weapons of Mass Destruction
50 and their Delivery Systems 0 5 0 0 0 0 0 0 0 0 0 0 0 0
(Prohibition of Unlawful
Activities) Act
51 Safety of Civil Aviation Act 0 4 0 0 0 0 0 0 0 0 0 0 0 0

30
Safety of Maritime Navigation
52 & Fixed Platforms On 0 4 0 0 0 0 0 0 0 0 0 0 0 0
Continental Shelf Act
Manual Scavengers &
53 Construction of Dry Latrines 0 2 0 0 0 0 0 0 0 0 0 0 0 0
(Prohibition) Act
Pre-Natal Diagnostic
54 Techniques (Regulation & 0 3 0 0 0 0 0 0 0 0 0 0 0 0
Prevention of Misuse) Act
The Maritime Zones of India
55 (Regulation of fishing by 0 2 0 0 0 0 0 0 0 0 0 0 0 0
foreign vessels) Act, 1981
258. 32.1 1.3 111.9 843.9 2.7 3.4 43.9 1125.4 19.5 35.4 392.4 1.6
56 Other SLL Crimes 2
9 (0.25) (0.01) (0.86) (6.52) (0.02) (0.03) (0.34) (8.69) (0.15) (0.27) (3.03) (0.01)
(90.54 (197.7 (129.5 (83.39 (140.3 (307.1 (164.6 (138.0 (55.5 (63.86 (136.4
Total nRCC (46.9)
) 6)
31 1) ) 4) 4) 7) 2) 1) ) )
* Due to non-availability of AIR, lowest RCC of the city considered as AIR for that particular crime.
Note: 1. The calculated values are rounded up to one decimal and two decimals for RCC and nRCC (in bracket) respectively; hence
an approximate value is used for analysis.
2. While conducting a study for other cities, existing crime may be removed or added new crime(s), sub-crime(s) or category as
32
Attitude to Prison Reforms: An Empirical Survey

Upneet Lalli*
ABSTRACT
Today there is the need of reformation in the prison system throughout the world. Internationally,
prison reforms have been taken seriously. The Indian prison system is still administered under
the colonial Prisons Act of 1894. In the Past, there have been many attempts to improve the
condition of Prisons in India but unfortunately, a very little appears to have changed at the
grass-roots level. The present study provides the empirical data to study the attitude of the
public, prison staff and advocates towards the issue of prison reforms. Apart from the empirical
data, the paper also examines the historical background of prison reforms and problems faced
by prison system in India. Finally, the paper concludes with the suggestions and conclusion of
the author drawn from the analysis made in this research article.
KEY WORDS
Prison reforms, Human Rights, Public Opinion, Rehabilitation, Work Programs.
Introduction a person’s behaviour or in the structure

of something”. Therefore, prison reform
Deeply rooted in history and tradition, the
is an attempt to bring legal changes
correctional system of any country reflects
in the prison system. It also indicates
the attitudes of the public shaped by evolving
establishment of an efficient penal system
morals, ethics and social cultural norms.
and the implementation of alternatives to
The very inception of the idea of prison
imprisonment. However, prison reforms is
reform can be attributed to two factors –
hardly a priority as compared to economic
recidivism and the prison system’s failure
reforms, since it does not seemingly affect
of effectively rehabilitating prisoners.1
the common person.
However, in present times the slow but
steady movement through retribution, Earlier prisons were thought of as a more
deterrence and mere incapacitation towards humane form of punishment. Prison reform
more progressive ways of dealing with ideas included humane prison conditions,
prisoners have started being explored and access to legal counsel and protection
established by the penal estate.2 against cruelty and violence. The most
notable prison reformer was John Howard.
Historical Background of Prison Reforms
Regarded as the founding father of prison
The word “Reform” is derived from the reforms, he toured Europe to observe
Latin word ‘reformo’, which denotes the prison conditions. In fact the oldest penal
improvement or amendment of what reform organisation in the world the
is wrong and unacceptable. As per the ‘Howard League for Penal Reform” charity
Cambridge dictionary, the word reform in the United Kingdom, is named after
means “an improvement, especially in John Howard. While the Quakers in the
*Deputy Director, Institute of Correctional Administration, Chandigarh

1
O’Brien, P. (1995) ‘The Prison on the Continent: Europe 1865–1965’ in N. Morris and D. Rothman (eds) The Oxford
History of Prisons: The Practice of Punishment in Western Society. New York: Oxford University Press, pp. 178–201.
2
Kirkpatrick, A. M. (1960) ‘Prisoners’ Aid and Penal Reform’, Crime & Delinquency, 6(4), pp.383–390.

33
UK spearheaded prison reform during the (4.2%) were female inmates. A total of 6,634
Victorian Age, America saw a series of riots inmates lodged in various jails in India were
at Attica in 1970’s which ameliorated the mentally ill which accounts for 1.5% of the
prison system through judicial activism. total inmates. The percentage of undertrial
prisoners in 2017 was 68.5% while in
As early as the freedom struggle in
year 2000 it was 71.2%. Even though the
India, prisons have been institutions of
percentage of undertrial prisoners has
notoriety. Prisons at that time housed
decreased, Indian prisons are still facing
the most prominent leaders in the
overcrowding, due to a high percentage of
struggle for Indian Independence from
undertrials in the prison population (NCRB,
Bhagat Singh to Mahatma Gandhi and
2017).4 On the contrary, in a welfare state
Jawaharlal Nehru. Nehru in his book The
like Sweden, prisons are being shut down
Discovery of India condemned prison life
owing to not only a dwindling prison
as the most unpleasant experience.3 Since
population but also because an emphasis on
Independence from the colonial masters,
non-institutional alternatives to punishment
the Indian prison system has seen a sea
including conditional sentences, probation
change. Even though progressive judicial
for first-time offenders and the more
interventions by the Indian judiciary has
extensive use of fines.
stressed on reformation, a lot still needs
to be done to bring in desired reforms and There is clear deficiency of ideas in justice
their implementation. administration in India. While public
officials and social workers are agreed
Problems Faced by Prison System in India
upon the need to reduce overcrowding,
The judiciary in India has been instrumental there is barely any endeavour onto reduce
in making prisons more humane by overcrowding. Obviously there is fear of
abolishing solitary confinement and the backlash against the move to decriminalize
archaic and cruel practice of whipping. certain offences (Raghavan, 2018).5
Nevertheless, several problems still plague
Low priority to prison reforms
the prisons today.
While police reforms have been actively
• Overcrowding
taken up by the government owing to
Some of the problems include overcrowding, public involvement, prison reform fails to
increasing number of undertrials, inhuman find a place in the election agenda in India.
prison conditions, lack of hygiene, mental Prison reforms have no political leverage.
health issues etc. Overcrowding is a key As prisoners do not have right to vote, so
concern in the prison systems and the they neither win nor lose votes for any
rapid growth of the prison population is a political party and hence their issues get
cause of concern. In prisons across India, neglected in poll manifestoes. During the
there are 4,50,696 prisoners against the winter session 2017-18 of the Parliament,
capacity of 3,91,574 as of 2017. The prisons Members of Parliament raised 16 questions
are overcrowded at 15.1% against the regarding issues relating to prisons and
authorized capacity. Out of which 4,31,823 prisoners. These questions pertained to
(95.8%) inmates were men and 18,873 issues related to prison conditions and
3
Shreya Goswami, Bhagat Singh to Jawaharlal Nehru, here’s what our leaders experienced in British jails,13 August
2017, India Today. Available at: https://www.indiatoday.in/lifestyle/people/story/indian-leaders-british-prisons-
independence-struggle-bhagat-singh-mk-gandhi-jawaharlal-nehru-lifest-1029351-2017-08-13
4
National Crime Records Bureau. (2017) ‘Prison Statistics India’, New Delhi: Ministry of Home Affairs
5
Raghavan, R.K. ( 2018) ‘Ripe for prison reform’, The Hindu, 22 October.

34
prisons monitoring, legal aid for prisoners, assessment to assess individual needs of
women prisoners, bail and hearing of cases, offenders.8 Clearly, while the colonial rulers
SC & ST prisoners and foreign national have incorporated advanced methods to
prisoners (CHRI, 2018).6 In the following help reforming prisoners, the prison system
Winter Session of 2018 - 19, 32 questions in India is still unchanged.
on prisons on a variety of issues such as
Change in nomenclature – but no actual
deaths in custody, torture, legal aid, Indian
change – need for structural changes
nationals in foreign custody, and prison
conditions, among other things were again With jails now being called “correctional
raised (CHRI, 2019).7 Prison being a closed homes/facilities”, it is clear that the
institution remains a low priority area for government’s attitude is leaning towards
the political and executive leadership. reformation rather than mere punishment.
Some countries are able to effectuate prison However, a thought to ponder upon is whether
reform due to large public involvement. the government really is inclined towards
Norwegian prisons for example, have been reformation and rehabilitation of prisoners
designed with three core values in mind or is it just a change in nomenclature? The
– normality, humanity and rehabilitation, goal of the Draft National Policy on Prison
making them a leader in dramatic prison Reforms and Correctional Administration
reforms. in 2007 stated “prisons in the country shall
endeavour to reform and re-assimilate
• Resettlement issues of prisoners ignored
offenders in the social milieu by giving
The Indian prison system is a legacy of them appropriate correctional treatment.”9
the British colonial rule and is based on Despite having this as a mission statement,
the Prison Act of 1894. The purpose of the no real structural changes have been
imprisonment has moved from punishment effectuated by the government. There is a
to reformation and rehabilitation of need is to implement the recommendations
prisoners. However, this is not the case in and bring in tangible structural changes.
India where resettlement of prisoners is There is no after care and post release follow
still not an agenda. In the UK, the HMPPS up of released prisoners and no policy for
under the Ministry of Justice is at the heart the reintegration of prisoners.
of the justice system in relation to prisons.
• Prison staff issue
Extensive programmes of analytical and
research based work is undertaken by Another cause of concern is the issue
them to ensure reintegration of prisoners of understaffing. The role of prison staff
in society. The National Offender is to ensure the safety and security of
Management System (NOMS) and the premises and inmates, administration of
Offender Assessment System (OASys) the inmates and correctional and rehabilitation
new offender management system touted activities (Bureau of Police Research &
as “one of the most advanced system in Development, 2007).10 There is a constant
the world” uses actuarial and dynamic risk need to change the existing inadequate
6
CHRI. (2018) ‘Jail Mail: Prisons and Parliament’, Commonwealth Human Rights Initiative.
7
CHRI. (2019) ‘Jail Mail: Prisons and Parliament – Winter Session 2018’, Commonwealth Human Rights Initiative.
8
Research at MOJ (GOV.UK, Ministry of Justice) Available at: https://www.gov.uk/government/organisations/ministry-
of-justice/about/research (Accessed 5 August 2018).
9
Bureau of Police Research and Development (2007) ‘National Policy on Prison Reforms and Correctional
Administration’, Available at: http://www.bprd.nic.in/writereaddata/userfiles/file/5261991522-part%20i.pdf
10
Bureau of Police Research & Development. (2007) National Policy on Prison Reforms and Correctional Administration.
New Delhi: BPR&D.

35
prison system to some new and better state identified rehabilitation and reformation of
(Silvia, 2003).11 This calls for betterment the offender as the main purpose of prison
of not just the prisons, but also we must administration.
pay attention to the very guardians of the
Prison is a state subject in the country under
prisons. The prison staff ratio at national
the Seventh Schedule. Dr. W.C. Reckless in
level in India was 7 inmates per staff in all
his “Report on Jail Administration in India
jails. Jharkhand has the highest prison staff
(1951-52)” made a plea for the reformative
ratio of 21 inmates per staff while Uttar
approach in prison administration.
Pradesh and Chhattisgarh have 14 and 11
Another landmark committee, which
inmates per staff respectively. The number
worked exclusively on prison reforms in
of correctional staff is extremely low. Some
the country, was the All India Committee
states have no correctional staff. Women
on Jail Reforms (1980-83), also known
staff ratio is also very low. There were
as Justice Mulla Committee. It had made
25897 vacant posts in the prison as on 31
more than 600 recommendations related to
December 2017 (NCRB, 2017). According
various aspects such as living conditions,
Lalli (2019a)12 in most of the states the staff
prison buildings, security and discipline,
strength is inadequate. The guarding staff
system of classification, medical services,
is underpaid, has poor service conditions,
work programmes and vocational training,
with limited or no promotions, and hence
undertrial prisoners, issues related to
may be more vulnerable to corruption.
prison staff development and aftercare
Public Perception Issues of Prisons of prisoners. However, many of these
recommendations still remain as dead
• Less information on prisons
letters. Various states have also set up their
In a survey of Britain, it was asked from own prison reform committees from time to
the public that how much they knew about time. Some states have been able to usher
various branches of criminal justice such as in prison reforms to some extent while
police, courts, prison, probation service etc. others have lagged behind. In the year 1987
It was observed that the British public knew Justice V. R. Krishna Iyer Committee on
less about prisons than the other branches of Women Prisoners recommended separate
criminal justice. Less than one-third British institutions for women offenders and
public knew a great deal or a fair amount that the staff for these institutions should
about prisons (MORI, 2003).13 comprise of women employees only.
Prison reforms in India- History It is, however, the courts in India that fill
the gap between the prisoners’ rights and
Prior to independence, numerous
prison jurisprudence by emphasizing
committees had been formed in India to
the right to life that is available to each
bring about changes and reforms in prisons.
prisoner. In Ramamurthy vs State of
Despite the Prisons Act, enacted in 1894
Karnataka14 the Supreme Court observed
and various Committees that were set up
that there were nine major problems, which
to review the functioning of the prison
afflicted the prison system in India and
system and propose reforms, problems
required immediate attention. These were:
persisted. The first such committee was the
overcrowding, delay in trial, torture and ill-
All India Jail Committee (1919-1920) which
11
Silvia, P. J. (2003) ‘Throwing away the Key: Measuring Prison Reform Attitude. Journal of Applied Social Psychology’,
33(12), pp.2553-2564.
12
Lalli, U. (2019a) ‘The sordid inside story’, The Tribune, 10 May, pp.9
13
MORI. (2003). Public Confidence in Criminal Justice System. London: MORI.
14
Rama Murthy Vs State of Karnataka, AIR 1996 SC 424

36
treatment, neglect of health and hygiene, last 35 years. Unfortunately, even though
insubstantial food and inadequate clothing, Article 21 of the Constitution requires a
prison vices, deficiency in communication, life of dignity for all persons, little appears
streamlining of jail visits; and management to have changed on the ground as far as
of open-air prisons. The Supreme Court prisoners are concerned and we are once
in its judgement directed the concerned again required to deal with issues relating
authorities to take appropriate steps, which to prisons in the country and their reform.”
included enacting a new Prisons Act to This judgement led to the setting-up of the
replace the century-old Prisons Act, 1894 most recent committee on prison reforms.
and framing a new Model All India Jail Headed by former judge, Justice Amitava
Manual. Roy, to look into overcrowding and other
issues concerning prisoners. The Supreme
In T. K. Gopal v. State of Karnataka (2000)15
Court also directed an Under Trial Review
the Supreme Court advocated a therapeutic
Committee to be set up in every district
approach in dealing with the criminal
and recommended the release of undertrial
tendencies of prisoners. It was pointed
prisoners and convicts who have undergone
out that there could be several factors
their sentence or are entitled to be released
that lead a prisoner to commit a crime but
from jail due to bail or remission granted to
nevertheless a prisoner is required to be
them. The need of updating of Model Prison
treated as a human being entitled to all the
Manual was stressed by the Supreme Court.
basic human rights, human dignity and
The MHA will conduct an annual review
human sympathy.
of the implementation of the Model Prison
On 13th June, 2013 former Chief Justice Manual 2016 for which considerable efforts
of India R.C. Lahoti, wrote a letter to Chief have been made not only by senior officers
Justice of India and invited attention to the of the MHA but also persons from civil
inhuman conditions prevailing in 1382 society.
prisons in India as reflected in a news
Objectives of the Research Study:
article published in the Dainik Bhaskar. The
letter was registered as a public interest writ The main objectives of the research are to-
petition (PIL) and named as Re-inhuman
1. Study the perception and attitude of
Conditions in 1382 Prisons.16 In this case
prison staff, advocates and the general
the Supreme Court has drawn attention
public on the issues of prison reforms.
to four issues regarding prisons. The four
issues are: (i) Overcrowding in prisons; (ii) 2. Compare the attitude of prison staff,
Unnatural death of prisoners; (iii) Gross advocates and the general public on the
inadequacy of staff, and (iv) Available staff issues of prison reforms.
being untrained or inadequately trained.
3. Study attitudes of prison staff, advocates
A series of discussions have been given by
and the general public on the retention
Supreme Court in this PIL. The Supreme
of Capital punishment.
Court further issued guidelines relating
to prison reforms in the country. It said, METHODOLOGY
“prison reforms have been the subject Method of Data collection: In the present
matter of discussion and decisions rendered study, questionnaire has been used to
by this Court from time to time over the collect primary data. The questions in
T.K. Gopal v. State of Karnataka, (2000) 6 SCC 168

15
Re - Inhuman Conditions in 1382 Prisons [Writ Petition (Civil) No. 406 of 2013]
16

37
the questionnaire have been derived from Discussion of Results
Prison Reform Attitude Scale by Paul J. Silvia
The items of the questionnaire cover
(2003) in his study “Throwing away the Key:
various aspects of prisons. The results are
Measuring Prison Reform Attitude”.17 In the
divided into various dimensions such as
scale, some items and words have been
basic needs, better facilities, gender, capital
changed to match the sensibilities of the
imprisonment, staff, public’s interest in
Indian prison system. Several studies with
prisons, reformative role, tough, alternatives
diverse samples found that the scale has a
to imprisonment and accountability. The
consistent factor structure, good reliability,
study aims to assess the public, advocates
and a coherent pattern of relationships to
and prison staff’s attitudes toward various
other psychological variables. The scale
prison reforms and measures.
appears to be a promising tool for studying
how people want to treat those who have Reformative Role
been officially rejected by society.
Role of prisons has changed. Its role is not
Sample Description: Both Convenience to just give punishment to the offender but
and purposive sampling techniques was to reform the offender and make him/her
adopted for selecting respondents. The law-abiding person in the community once
data collected from advocates, public again. According to a survey by Russonello
and prison staff was compared so that & Stewart (2001)18, most of the people were
the differences in their opinion could be of the view that Prison teaches inmates to
assessed/measured. Sample comprises of become criminals, so a system that locks
51 advocates, 99 prison staff comprising up non-violent offenders will only lead to
48 assistant superintendents, 32 deputy more crime, not less. In present research, it
superintendents and 19 Superintendent was observed that most of the respondents
from states of Punjab, Haryana, Himachal agreed that prison helps in reform offenders.
Pradesh and Delhi in the age group from There was not much difference between the
25 to 57 years (average age of Assistant response of advocates, public and prison
Superintendent was 37 years, of Deputy staff. In an online survey by Lalli (2005)19,
Superintendent was 48.3 years and of it was asked: “Do prison help reform
Superintendent was 50 years.) The sampling offenders?” In this survey, 32.11% agreed
of prison staff was incidental as all of them while 33.48% disagreed and 13.3% slightly
were attending training courses at the agreed and 13.3% slightly disagreed.
Institute of Correctional Administration,
Chandigarh. Each participant was informed Basic Needs
of the participation in this study was Contents Advocates Public/ Prison
voluntary, confidential and anonymous. The student Staff
sample from public comprised 102 which Prisoners should 94% 94% 98%
included students and other general public. have better access
There was not much difference between the to health care
opinion of students and the general public Educational 90% 84% 98%
so their average percentage is combined. programmes should
be compulsory for
all prison inmates
18
Russonello, B. & Stewart. (2001) ‘Optimism, Pessimism, and Jailhouse Redemption: American Attitudes on Crime,
Punishment, and Over-incarceration: Findings from a national survey conducted for the ACLU’, Washington, DC:
Belden Russonello & Stewart Research and Communications
19
Lalli, U. (2005) Modalities to Reduce Undertrial Prisoners in Prison. New Delhi: Bureau of Police Research &
Development.

38
Table 1 highlights the opinion of public only women prison at Ludhiana, there
advocates and prison staff on the basic was no library. The idea of better libraries
needs of prisoners such as better access to facilities for prisoners has a broad-based
health care and Educational programmes support as the majority of advocates (98%),
for prisoners. It was observed that there public (83%), prison staff (94%) favoured it.
was not much difference between their Only 43% of prison officers agree that better
opinion as 98% of prison officers and 94% facilities in prisons will lead to an increase
advocates and public agreed that Prisoners in crime rate. This means most of the prison
should have better access to health care. officers disagreed that better facilities in
prisons will lead to an increase in crime
Better Facilities for Prisoners
rate. However, there was the difference
Better facilities for prisoners include such in opinion among all the categories of
as minimum wages for the labour, leisure respondents as only 56% public and 54%
activities, counselling facility etc. It was advocates agreed to it. In a research study
found that 89% of prison staff agreed that by Lalli (2003) the perceptions of prison
Prisoners should be paid at least minimum inmates on the question of whether “more
wages for their labour. Wage rates differ facilities inside prison will encourage more
from one state to another and wages are offenders to commit crimes” were recorded.
given only to convicts who work in prison. It was found that only 31.5% of prison
Wage rates are classified as wage rate for inmates in Delhi Prison agreed that more
skilled convicts, wage rate for semi-skilled facilities inside prison will encourage more
and wage rate for unskilled. As per NCRB offenders to commit crimes.21
(2017) report on Prison Statistics among all
In present research also it was observed
the States / UTs, Delhi has provided highest
that most of the respondents whether
wages of Rs 361, 328 and 297 per day to
advocates (98%), public (96%) and prison
skilled convicts, semi-skilled convicts and
officers (87%) supported the counselling
unskilled convicts respectively during 2017.
facility for prisoners. Prison staff during
Wages of prisoners at Chandigarh Prison has
various training programmes have also
been revised from Rupee 40/-, 50/- and 60/-
expressed that prison should have a trained
to Rs. 60/-, 70/- and 80/- for unskilled, Semi-
counsellor. Since, they are unable to deal
skilled and Skilled respectively. Similarly,
with the psychological problems especially
in Punjab also wage rates have been revised
among the drug addicts.
as 60 for skilled, 50 for semi-skilled, 40 for
unskilled per day. Women Prisoners with Children
In Sunil Batra vs Delhi Administration, 20
In India, there are 4.2% women prisoners
the Supreme Court observed that there out of the total prison population. Because
was prevalence of legal illiteracy among of their small number, their issues get
prisoners. The Court suggested that there is neglected by the system and practically
need to get ready a Prisoners’ Handbook in unknown to society at large. Many women
the regional language and make them freely live in prison with their children (below
available to the inmates. During the field 6 years of age). Various research studies
visits to various prisons it was found in many have shown that prison environment is
prisons the library facilities were inadequate not conducive to the normal growth and
specially for women inmates. Even in the development of children. Imprisonment
20. Sunil Batra vs. Delhi Administration [1980 AIR 1579, 1980 SCR (2) 557]
21. Lalli, U. (2003). Impact of Human Rights Training Programme on Prison Staff. UK: British Council.

39
of mothers has an adverse impact on their be allowed to keep their children, While
children. According to Bhandari (2015)22 in 68% advocates and 72% public agreed to
a study of Central Jails of Rajasthan, 59% it. During fieldwork also it was stated by
of the women inmates believe that the many advocate respondents that if children
prison environment hinders their child’s were to live with their mother in prison
normal growth. They believe that the than it would have a negative impact on the
prison atmosphere is rife with profanity psychological well being of children.
and this could have a bearing on the child’s
Table: 3 Women Prisoners with Children
upbringing. Almost all (90%) women feel
that children are bound to suffer from Agree
behavioral issues due to spending their
Contents Advocates Public/ Prison
childhood in the prison. student Staff
As per NCRB report on Prison Statistics Women Prisoners 68% 72% 80%
India, there were 1,454 woman prisoners should be allowed to
with 1,681 children inside prison in 2017. keep their children up
The age limits for the children who live to 6 years with them
with incarcerated mothers vary from one inside the prison
country to another. For instance, countries 90% 84% 98%
such as Ethiopia, Nigeria, Japan, and South
Capital Punishment
Korea permit children to remain in prison
until they are 18 months old. (Goitom, As per the NCRB data, 121 prisoners were
2014).23 awarded capital punishment during the
year 2017 and only 83 Prisoners’ sentence
In R.D. Upadhyay vs. State of Andhra
was commuted to life imprisonment. In 142
Pradesh & Ors24 the Hon’ble Supreme Court
countries, the capital punishment has been
of India issued various guidelines and
abolished in law and practice. In India, the
directions about various issues concerning
death penalty is still used in 46 crimes under
imprisoned mothers and their children.
various penal provisions (Mustafa, 2019).26 The
The Bangkok rules25 also provide for
Law Commission of India in its 262nd report
prisoners’ children. As these children are
preferred the elimination of the death penalty
not prisoners, they should not be treated as
for all crimes except those related to terrorism
such. Prison services must provide for the
(Mustafa, 2018).27 Over 1,414 convicts in India
full range of needs of children in prison with
have been executed since Independence.
their mothers, whether medical, physical or
The last capital punishment to take place in
psychological.
India was of Yakub Memon, in 2015. He was
Table given above shows 80% of prison convicted for his role in the 1993 Bombay
staff agreed that Women Prisoners should blasts case.28 In Martin Luther King’s words,
22
Bhandari, A. (2015) ‘Socio-Legal Status of Women Prisoners and their Dependent Children: A Study of Central Jails
of Rajasthan’, Social Crimonol, 3 (1),pp.1-8.
23
Goitom, H. (2014) Can Children Live in Prison with a Parent? [Online]. Available at: https://blogs.loc.gov/law/2014
/08/can-children-live-in-prison-with-a-parent/(Accessed: 14 January 2019).
24
R.D. Upadhyay vs. State of A.P, AIR 2006 SC 1946
25
UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders- Bangkok Rules
(2010) Available at:https://www.unodc.org/documents/justice-and-prison-reform/Bangkok_Rules_ENG_22032015.pdf
(Accessed: 25 January 2019)
26
Mustafa, F. (2019) ‘When SC has ruled on life & death’, The Indian Express, 11 March.
27
Mustafa, F. (2018) ‘Death for child rapists will not be a deterrent’, Hindustan Times, 01 May.
28
Bagriya, A. (2017) ‘To hang or not to hang? Debate begins on capital punishment, alternative methods’, Hindustan
Times, 17 October.

40
“The arc of the moral universe must bend In the present study, it was observed
towards a more empathetic version of that most of the participants agreed that
justice rather than a retributive one.” capital punishment must be retained as a
punishment. However, the percentage of
Supreme Court in its landmark judgement
advocates favouring capital punishment
of Bachan Singh vs. State of Punjab (1980)29
was more in comparison with public and
held that the normal sentence for murder is
prison staff. The research study conducted
life imprisonment and that the sentence of
in Belarus showed public opinion about
death can be imposed in very exceptional
capital punishment. When asked about
cases, described as the ‘rarest of rare cases’.
death penalty abolition, more than half of
In Shatrughan Chauhan and Anr. Vs. Union respondents (63.8%) said they supported
of India and others (2014),30 the rejection capital punishment. The opinion about
of mercy petitions by the President was death penalty varied depending on the
challenged by the fifteen criminal convicts respondents’ age and religious beliefs.32
sentenced to the death penalty on the
Table: 4 Showing Respondents’ Attitude
grounds of undue delay in disposal of their
towards Toughness in Prisons
mercy petitions, mental illness, and solitary
confinement as supervening grounds. Agree
The Supreme Court commuted the death
sentences of 13 prisoners on the basis of student Staff
undue delay while commuting the sentences
of 2 prisoners on grounds of their mental Prisons should be 50% 54% 53%
much tougher for
illness. The Supreme Court also provide
inmates
guidelines in the judgement for safeguarding
the interest of death row convicts and to Prisoners should be 22% 41% 41%
forced to do hard
adopt a more humane process committed to
labour
the rule of law until the very end in carrying
out death sentences. According to the research, conducted by
Hart (2002), it was analyzed that public
After the Nirbhaya incident public 31
opinion on crime and criminal justice has
demanded harder punishment for the
significantly changed over the past few
criminal. Even the Government approved
years. Today, the public prefers to deal
amendments to the Protection of Children
with the roots of crime and rehabilitation
from Sexual Offences (POCSO) Act,
of prisoners over strict sentencing.33 In the
2012. The changes prescribe stringent
present research study, it was found that
punishment, including death penalty for
slightly more than half of the respondents
aggravated penetrative sexual assault of
agreed that Prisons should be much tougher
children.
29
Bachan Singh vs. State of Punjab (1980) (2 SCC 684)
30
Shatrughan Chauhan and Anr. Vs. Union of India and others (2014) 3 SCC
31
A 23-year-old female physiotherapy intern was beaten, gang raped, and tortured in a private bus in which she
was travelling with her friend. There were six others in the bus, including the driver, all of whom raped the woman.
Thirteen days after the assault, she died during her treatment. The incident was widely condemned, both in India
and internationally. Subsequently, public protests against the government for failing to provide adequate security for
women took place in the country. Since Indian law does not allow the press to publish a rape victim’s name, the victim
has become widely known as Nirbhaya.
32
Penal Reform International (2013). Crime and Punishment: Public Perception, Judgment and opinion. London: Penal
Reform International (PRI) SATIO Group of Companies, Department of Sociological and Marketing Research.
33
Hart, P. D. (2002) Changing Public Attitudes toward the Criminal Justice System. The Open Society Institute Available
at: https://www.prisonpolicy.org/scans/CJI-Poll.pdf (Accessed: 12 July 2018).

41
for inmates. Majority of the respondents after entering on duty and during their
disagreed that prisoners should be forced career.
to do hard labour. Especially the advocate
Table: 5 Showing Respondents’ Attitude
respondents strongly opposed to force
towards Staff Development
prisoners to do hard labour.
In State of Gujarat vs. Hon’ble High court Agree
of Gujarat34 court observed that there are Contents Advocates Public/ Prison
two categories of prisoners the under- student Staff
trial prisoners and convicted prisoners. Development of 84% 92% 92%
Besides them, there are those detained as a staff is essential
preventive measure, and those undergoing for improvement
detention for default of payment of fine.
The development of staff included the
The Court stated that only convicted
training of prison staff and various
prisoners can be required to do labour in
sensitization programmes etc. Majority of
prison. Therefore, jail authorities can by law
the respondents from all the strata agreed
impose hard labour on only those convicted
that development of staff essential for
prisoners who are sentenced to rigorous
improvement.
imprisonment. The Court further noted that
a person sentenced to simple imprisonment Table: 6 Showing Respondents Attitude
cannot be required to work unless he towards Alternatives to Imprisonment
volunteers himself to do the work.
Agree
This definition of hard labour has also
changed. Breaking stones or grinding flour student Staff
is not hard labour but work programmes
More Money should be 64% 74% 80%
should be provided. Work programmes
spent on alternatives
gives them a chance to develop marketable to prisons
skills that will increase their potential for
Undertrials should not 54% 67% 36%
rehabilitation and meaningful employment
be confined in prisons
on release. In many prisons, proper work
programmes are not being provided to the There is a need to 66% 73% 84%
prisoners. consider different
alternatives to prisons
Staff Development Community Service 88% 88% 86%
The Mandela Rules focussed on the
35 Scheme should be
necessity of training for staff prior to introduced for petty
issues
entry into service as well as ongoing in-
service training. Rule 75 (3) of Mandela There is a need to have 70% 51% 84%
Rules reads that the prison administration more prisons
shall ensure the continuous provision of It is generally perceived that the public is
in service training courses with a view to not concerned about prisoners and prison
maintaining and improving the knowledge matters. So it was asked that the public
and professional capacity of its personnel, should be concerned with what happens to
State of Gujarat vs. Hon’ble High court of Gujarat, (1998) 7 SCC 392
34
UN Standard Minimum Rules for the Treatment of Prisoners - Nelson Mandela Rules (2015) Available at: https://
35
www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf (Accessed: 18 April 2018).

42
the prisoners. 74% advocates, 79% public established for prisoners and should be
and 86% prison officers agreed that the provided with counselling facility. In the
public should be more concerned with what research study by Lalli (2005), it was found
happens to prisoners. However, there was the that there was a difference of opinion among
difference in the opinion on the question of Judges, Prison inmates and Prison staff
Society has things to do that are much more regarding alternatives to imprisonment.
important than guarding prisoners’ human While 82% prison inmates expressed
rights. Interestingly 74% and 73% advocates desire to do community service, only
and prison officers respectively agreed that 22% Judges under study were in favour of
society has things to do that are much more community service and 34.7% prison staff
important than guarding prisoners’ human were in favour of community service as an
rights while only half of the public studied alternative to imprisonment. It means Judge
in the present study agreed to it. and prison staff is less keen to alternatives
in comparison to prison inmates.
Table: 7 Showing the Responses to items
on Public’s Interest in Prisons in terms of As per Prison Statistics India 2017, there
agree percentage 3,08,718 undertrial prisoners out of the
total 4,50,696 inmates in various jail in
Agree the country which amounts 68.5% of
Contents Advocates Public/ Prison total prison population. These undertrials
student Staff continue to remain ideal and deprived of
The public should 74% 79% 86% earning, as undertrials are not given any
be more concerned work. On the question of undertrials should
with what happens not be confined in prisons there was a varied
to prisoners opinion where 54% advocate respondents
Society has things 74% 56% 73% and 67% public respondents agreed that
to do that are much undertrials should not be confined in
more important than prisons. As there is non- availability of
guarding prisoners work for undertrial prisoners so it has been
human rights suggested that they should be encouraged
Society needs to 82% 91% 96% to engage them in some voluntary work
remember that inside the prison (Chowdhury, 2002).36
prisoners also have While only 36% of prison officers agreed
human rights
that undertrials should not be confined in
The table above given indicates that 80% prisons, most of them disagreed to it. Most of
of the prison staff agreed that more money the respondents agreed that the Community
should be spent on alternatives to prisons Service Scheme should be introduced for
while 64% advocates and 74% public also petty cases. The opinion regarding need
agreed to it. A similar kind of opinion was to have more prisons also varies between
also observed in the question that there is respondents. The prison staff (84%) and
a need to consider different alternatives advocates (70%) were more in favour of
to prisons. It was also suggested by one having more prisons as compared to public
of the advocate respondents that various (51%).
alternatives like reform centers should be
Chowdhury, N. R. (2002). Indian Prison Laws and Correction of Prisoners. New Delhi : Deep & Deep Publications
36
PVT. LTD.

43
Attitude Difference among Various Ranks challenge. In some countries, the general
of Prison Staff public is against spending so much money
on prison reforms but here in this study,
There was some distinction of opinion
it was found that the public was in favor
among different ranks of prison staff. In
of issues related to prison reforms. Prison
the data analysis, it was found that 41%
staff was also keen about prison reforms.
prison officers agreed that prisoners should
But much more steps need to be taken by
be forced to do hard labour. However, there
the government and collaboration with civil
was a difference of opinion in all the ranks
society will be helpful. Prison staff also
where only 24% assistant superintendent
needs to be involved in the reform process.
agreed that prisoners should be forced
to do hard labour while 47% deputy Conclusion
superintendent and 53% superintendent
Internationally, prison reforms have been
agreed that prisoners should be forced to
taken seriously. The Standard Minimum
do hard labour. It was also observed that
Rules for the Treatment of Prisoners (1955)
52% prison officers agreed prisons should
were revised in 2015 as the Nelson Mandela
be under greater public scrutiny. Only 43%
Rules to honour the former South African
of prison officers agree that better facilities
President Nelson Mandela. These rules are
in prisons will lead to an increase in crime
used globally to maintain the standards
rate. This means most of the prison officers
and framework relating to the treatment of
disagreed that better facilities in prisons will
prisoners. The 122 Mandela Rules include
lead to an increase in crime rate. However,
various issues dealing with prisoners such
there was the difference in opinion
as respect and dignity of prisoners, medical
among all the ranks as only 29% assistant
and health services, custodial death, access
superintendent agreed to the statement
to legal representation and training of
whereas only 53% deputy superintendent
staff. They have even been discussed at
and 47% superintendent agreed to it. 66%
international forms and these have been
agreed that Non-Official visitors are useful
incorporated in the Model Prison Manual
to prisoners. Model Prison Manual 2016 has
2016. The result of the implementation of
also provisions for the visits to prison by
the said manual has not been followed-up
Non-official visitors appointed by the prison
sincerely. The fact that the prison system
administration. As per the manual, the
of our country is still plagued by numerous
Non-official visitors after their appointment
problems and the lack of critical structural
must be sensitised and trained about their
changes and implementation issues that the
duties, roles and responsibilities.
government has failed to rise up to, should
The results are discussed as per different motivate us further to draw inspiration from
domain such as staff issues, public’s not only our former colonial rulers but also
interest in prisons as well as an alternative other countries.
to imprisonment and accountability.
Active role engagement of criminologists in
Since the last few years people supported
prison reforms is required to make the public
reformation but still, it is not sufficient to
aware of prison conditions and responses to
bring quality change in the prison system.
policy changes. Reintegration of prisoners
There is no role of the public in the
is only possible if they would get public
reformation process. To bring the desired
support and positive stories shared by the
results community involvement is a major
prison officials and concerned persons.

44
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• Raghavan, R.K. (2018) ‘Ripe for prison reform’, The Hindu, 22 October.
• Roberts, J. V. (2015) ‘Public Opinion and Corrections: Recent Findings in Canada’,
Canada: Correctional Service of Canada.
• Russonello, B., & Stewart. (2001) Optimism, Pessimism, and Jailhouse Redemption:
American Attitudes on Crime, Punishment, and Over-incarceration. Findings from a
national survey conducted for the ACLU. Washington, DC: Belden Russonello & Stewart
Research Communications.
• Silvia, P. J. (2003) ‘Throwing away the Key: Measuring Prison Reform Attitude’, Journal
of Applied Social Psychology, 33(12), pp.2553-2564.
• Sullivan, L. E. (1990) Prison Reform Movement. Boston: Twayne Publishers.
• The Hindu. (2017) ‘Should we do away with Capital Punishment?’, The Hindu, 11May.
• Tripathi, R. (2018) ‘Jails at 14% over capacity, 2 in 3 prisoners undertrials’, The Indian
Express, 10 April.
• UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women
Offenders- Bangkok Rules (2010) Available at: https://www.unodc.org/documents/justice-
and-prison-reform/Bangkok_Rules_ENG_22032015.pdf (Accessed: 25 January 2019)
• UN Standard Minimum Rules for the Treatment of Prisoners - Nelson Mandela Rules
(2015) Available at: https://www.unodc.org/documents/justice-and-prison-reform/GA-
RESOLUTION/E_ebook.pdf (Accessed: 18 April 2018).
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• Bachan Singh vs. State of Punjab (1980) 2 SCC 684
• Rama Murthy Vs State of Karnataka, AIR 1996 SC 424
• R.D. Upadhyay vs. State of A.P, AIR 2006 SC 1946
• Re - Inhuman Conditions in 1382 Prisons [Writ Petition (Civil) No. 406 of 2013]
• Shatrughan Chauhan and Anr. Vs. Union of India and others (2014) 3 SCC
• State of Gujarat vs. Hon’ble High court of Gujarat, (1998) 7 SCC 392
• Sunil Batra vs. Delhi Administration (1980) AIR 1579
• T.K. Gopal v. State of Karnataka, (2000) 6 SCC 168

46
Recidivism among Prisoners in Tihar Jail and Contributing

Factors: A Qualitative Study
S. Manikandan* and K. Jaishankar**
ABSTRACT
Recidivism is one of the major social and legal problems which is mostly underestimated
and not appropriately addressed because the rate of recidivism in India is low (which is
6.4% according to the National Crime Records Bureau). This study is aimed at studying
the factors contributing to recidivism, and the study is carried among prisoners in Tihar
Jail, New Delhi. Data were collected from the prisoners who are convicted more than once,
and in-depth interview method was used collection data. The prisoner’s interviews were
recorded, transcribed, member-checked and analyzed using Creswell’s data analysis process
in the form of themes. The findings of this study revealed that the factors contributing
for recidivism are: substance abuse, financial instability, unemployment and poor living
conditions, lack of parental care and supervisions, societal reaction and non-acceptance,
peer pressure and influence, migration from village to city, early school dropout, Broken
relationship/no relationship, lack of rehabilitation, reintegration and aftercare programme,
labeling and stigmatization.
KEY WORDS
Recidivism, Repeat Offenders, Contributing Factors for Recidivism, Tihar Jail
Introduction Recidivism has become a serious issue

for many countries, and even developed
It has been believed historically that harsh
countries like the United States and the
punishment given to offender creates
United Kingdom have a higher rate of
deterrence among them which prevents
recidivism. It is evident that many countries
crime in the future. The founding fathers
will be affected due to recidivism if this
of classical school of criminology Cesare
problem is not controlled and reduced.
Beccaria and Jeremy Bentham administered
Notably, the recidivism rate in India is
this thought and strongly believed that
lower than other developed countries and
deterrence works. It is also believed by most
according to “Crime in India 2016” and the
of the common people that justice can only
current rate of recidivism is 6.4%. National
be sought through harsher punishment to
Crime Records Bureau (NCRB) the rate of
offenders. Reformation and rehabilitation
recidivism in India has been decreased from
of offenders came into existence only in the
8.1 percent (2015) to 6.4 percent (2016).
recent past, and this is growing gradually
all over the world. However, on the other The low rate of recidivism is not because
hand, recidivism is one of the major social India has well-maintained rehabilitation
problems and is growing all over the techniques or aftercare programme but
world. because of the low conviction rate. According
*Research Assistant, Centre for Criminology and Victimology, National Law University, New Delhi, India.
Mobile: +91-9971699043 Email: smanikbca@gmail.com
**Professor and Head, Department of Criminology, Raksha Shakti University, Ahmedabad, Gujarat, India.
Mobile: +91-9099983193 Email: profjai@rsu.ac.in URL: http://www.jaishankar.org

47
to National Crime Records Bureau (NCRB), on preventing ex-convict from re-offending
the current conviction rate in India is 46.8% but there is no empirical evidence on this
(Crime in India, 2016) which includes the fact. The authors are ignorant of the fact that
only cases registered under Indian Penal Rate of recidivism in India is based only on
code (IPC) and excludes cases registered the cases registered under Indian Penal code
under special and local laws. On the other (IPC) and does not includes cases registered
hand, the pendency of cases registered under special and local laws.
under IPC for the year 2016 is 87.4%. This
Palakkappillil and Karunakaran Prasanna
affects both the rate of conviction as well as
(2017) studied criminality of individual
the rate of recidivism in India.
and recidivism which revealed that lack
There is no functional organization or agency of psychological support has drastically
in India which deals with the recidivists and affected reformation process and behavior
work towards reducing the recidivism rate, of the offender. The authors also pointed
apart from prison authorities. As discussed out that the correctional institution in
earlier, the recidivism rate in India is not India has become a breeding ground for
low because of Indian prisons effectiveness hardcore criminals due to the lack of proper
in rehabilitating and reintegrating offenders reformation, re-integration and rehabilitation
but involves many other reasons and this which is very much acceptable viewpoint
study aims to address the same. The purpose with respect to the present study.
of this study is to explore and address
In a study conducted among 120
various factors contributing to recidivism
recidivists (Murty, 2012) from three
among prisoners in India.
central prisons (Visakhapatnam central
Literature Review prisons, Chenchalguda central prisons,
and Nellore central prisons) of Andhra
In a report by Ministry of Justice, UK (2014)
Pradesh (constitute both Andhra Pradesh
which is focused on reducing re-offending
and Telangana state) found factors causing
by addressing the key factor related to re-
recidivism which are disorganized families
offending such as drug misuse, attitudes
and broken homes, deteriorated localities,
to offending, and accommodation and
presence of sub-cultural traits, lack of
employment problems but the report did
legitimate opportunities, labeling and
not address one of main key factor which
stigma of ex-convict, poor level of education
legal labelling offender “ex-prisoners or ex-
and employment opportunities, and poor
convicts” which indeed make them go back
level of family support and contact. Apart
to criminal career even if they want to re-
from these factors, the author also added
integrate to society which is well explained
that present condition of penal institutions
in labelling theory of criminology (Miller,
and lack of rehabilitation services has
2009, p. 220)
aggravating recidivism largely (Murty,
In a book chapter (Unnithan, 2013) authors 2012).
make a stand that the recidivism rate is
Maruna and King (2009) explain the
much lower in India compare to Japan and
“Redeemability” of an offender to lead
the United States which is because of Indian
a normal life. The authors stated that
cultural principles of dharma. Also in a
criminal justice managers and correctional
report (Sandhu, 1987) author claims that
administration staffs should have
the lower rate of recidivism India is because
“Redeemability belief” on the offender in
of strong social control that is family. Indian
order to make them reintegrated to society
Cultural principles of dharma and Indian
to lead a normal life as well as to make the
family as social control might have impacted
offender clearly understand that they can be
48
reintegrated. Moreover, the criminal justice study was to examine the likelihood of re-
managers and correctional administration imprisonment of ex-prisoners due to post-
staffs should provide a positive environment release homelessness. In this study, data
and confidence level to offenders to come was collected from Australian ex-prisoners
out of the criminal career. to examine their housing and other social
matters as well as their post-release
The effectiveness of rehabilitation of the
experiences. Interview methods were
prisoners can be analyzed from the reduced
adopted to gather data from the ex-prisoners
rate of recidivism by implementing proper
started from pre-release and subsequent a
reintegration process so that the offender
follow-up interview were held at three, six
back into society and to include in a social
and nine months post-release. Based on the
inclusion process. Wartna and Nijssen
data analysis, it has been found that there
(2006) tried to gather a large scale data on
existed significant differences between
recidivism in 33 European countries, but out
states; chronic homelessness, poverty and
of 33 countries only 14 countries have had a
lack of support in the participant’s lives. It
national study on recidivism, but the effect
has been concluded that the homelessness
of the study did not serve the purpose that
and family environment instability were
is reducing or preventing the recidivism.
significant contributors which increased
In a longitudinal study among young ex-prisoners return to prison.
prisoners from six different prisons in
Objectives
northern Germany (Hosser, Windzio and
Greve, 2007) examined to what extent 1. To explore various contributing factors
feelings of shame and guilt experienced for recidivism among the prisoners in
during a prison term influenced recidivism Tihar Jail.
after release? The authors concluded that
2. To understand the lifestyle of the re-
soon after the beginning of their prison term
offenders in the Tihar Jail.
only 13.71 % and 48.16 % of the inmates
stated that they frequently felt shame and 3. To find out various strategies for
guilt, respectively. Feelings of shame and preventing and controlling prisoners
guilt decreased rapidly during the first from relapse into criminal career.
weeks of imprisonment and continued
Research Questions
to decrease during imprisonment; this
indicates that young prisoners adopt the 1. What are the various contributing factors
prison subculture very quickly. The most for recidivism among the prisoners in
commonly encountered form of exclusion Tihar Jail?
in the case of former prisoners is that on 2. What are the various strategies for
the labour market. Many of them say that preventing and controlling prisoners
there is a strong link between the existence from a relapse into criminal career
of jobs and committing crimes: when again?
individuals have a job, it is unlikely that
they will commit crimes. It is therefore Conceptual and Operational Definitions
essential to make every effort to promote of Recidivism and Recidivists
the employability of prisoners when they The term recidivism originates from the
leave prison (Mellow et al., 2008). Latin “recidere” which means to fall
Baldry et al (2006) examined to what extent back (Payne, 2007). According to the
ex-prisoner housing and other related National Institute of Justice (2019) defines
social are relevant for the re-integration recidivism as a person’s continued criminal
in Australia. The primary aim of this behaviour after receiving some sanctions
49
or undergoing intervention for a previous inmates. In the 21 respondents, 12 were in
crime. According to the National Crime the age group of 18-30, eight were in the
Records Bureau, India recidivism is defined age group of 31-45, and only one inmate
as the tendency of relapsing into crimes by was in the age group of 46 & above. All 21
one inmate was in the age group of 46 & above. All 21 respondents were males, an
the criminals. respondents were males, and no females
wererecidivism
included in this were included in this study because of entry
In the present study, the term is study because of entry into women prison and time constraint.
into women prison and time constraint.
operationally defined as a prisoner who is
convicted or serving imprisonment in the Data Collection and Analysis
DataorCollection
Tihar jail for the second time more than and Analysis
After obtaining formal permission from
once. In the case of under-trial prisoners,
the prison authorities, the lead author
who are already convicted or served
After obtaining formal permission from
visited jail no.the
4 prison
of Tiharauthorities,
jail forthe
thelead author visited
data
imprisonment twice in the past.
collection. Data were collected using a
Methodology Tihar jail for the datasimple
collection. Data were
background collected
detail using a and
questionnaire simple backg
an in-depth interview individually with the
Research Design, Sampling and
questionnaire and an in-depth interviewinmates.
individually
re-offending An with the re-offending
interview prompt inmates. A
Participants
sheet and a background detail questionnaire
prompt sheet and a background detail questionnaire were constructed for the study
The study is based on exploratory design. were constructed for the study based on a
The study focuses on exploring various pilot study conducted with four prisoners
pilot study conducted with four prisoners in Tihar jail.
contributing factors for recidivism among in Tihar jail.
the prisoners in Tihar Jail and understanding
In this study, Creswell’s qualitative analysis
the lifestyle of the re-offenders
In thisinstudy,
the Tihar
Creswell'stechnique
qualitative analysis technique to
wasprocess
adopted toand
process and a
was adopted
Jail. Using exploratory design, qualitative
analysis data. The data were presented in the
research method was adopted. The As
datathis study
were presented in the form of themes followed by interpretation of themes
form of themes followed by interpretation
focused on exploring various contributing
of themes. Grounded theory Approach was
theory
factors for recidivism, the lead Approach
author optedwas also used to analyze the themes further to find intercon
also used to analyze the themes further to
to collect data in Tihar jail, New Delhi.
developed themjail find interconnection
into a theoretical model. and developed them
After getting formal permission from
into a theoretical model.
authorities, the lead author was allowed
inside the jail no. 4 of the Tihar jail and Figure 1: Data Processing and interpretation chart
Figurewho
collected data with the inmates 1: Data
are Processing
re- and interpretation chart
Source: Research Design: Qualitative,
offenders.
Quantitative, and Mixed Methods
Purposive sampling was adopted to select Approaches, Creswell (2009)
the area and population as the study is
conducted among the prisoners who are
re-offenders in the Tihar jail. Selection
of individual participants for the study is
based on convenience sampling as research
was conducted on the particular population
living inside the jail for which based on
the availability and accessibility of the
prisoners, data was collected in jail no. 4 of
Tihar jail with the help of jail authorities.
A total of 21 respondents, who are inmates
of jail no. 4, Tihar jail, participated in the
study. Among 21 respondents, 15 were
convicted inmates, and 6 were under-trial

50
Ethical Consideration Findings and Discussion
The lead author applied and got formal Using Creswell’s qualitative analysis
permission from Tihar jail authorities for technique collected data were organized,
entry into the jail for data collection. Before coded and themes were made out of coded
starting the interview, the lead author data. Further, interrelated themes were
explained about the research objectives arranged and organized together to analyze
and purpose of this interview verbally and interpret.
as well as each respondent was provided
I. Socio-demographics of the
with a Participant Information Sheet which
Participants
explained the purpose of the research. The
lead author also took written consent from A total of 21 respondents, who are inmates
each respondent, who participated in this of jail no. 4, Tihar jail, participated in the
study. The respondents were assured of study. Among 21 male respondents, 15 were
confidentiality and anonymity of the data convicted inmates, and 6 were under-trial
collected for this study. inmates, and 12 were in the age group of
18-30, eight were in the age group of 31-45,
Limitations/Challenges in Data Collection
and only one inmate was in the age group of
Following are the limitations/challenges 46 and above.
faced by the lead author during the data
From the 21 respondents, ten were imprisoned
collection which are as follows:
two times, four were imprisoned three times,
1. Entry into the jail was one of the biggest two were imprisoned four times, and five
challenges which the lead author were imprisoned more than five times. No
encountered. It took around two weeks participant has studied more than primary
for the lead author to get permission for education level, i.e., 15 participants and six
data collection inside the jail. were never gone to school. Ten participants
were married, nine were unmarried, and
2. Most of the inmates are employed in
two were separated. Out of 21 participants,
prison and getting them out to talk
19 were used or addicted to drugs like
during the work is not appreciable and
alcohol, ganja/ cannabis and within this 19,
the lead author waited until the inmates
few participants have used drugs like N10
got free from their work.
(kind of sedative tablets) and smack/ brown
3. Few inmates were not comfortable sugar (power form of heroin).
sharing about their life experience and
Out of 21 participants, eight were brought
criminal career due to purported fear
up by both the parents, nine were brought
that the information they give might be
up by single parents, three were brought up
used against them as some of them still
by relatives, and 1 was a street child. From
have pending cases in court.
the 21 participants, 15 were convicted of
4. No women inmates were included in property offence, i.e., theft and burglary
this study because of entry into the and six were involved in body offences
women jail was not permitted. like murder, attempt to murder, fighting,
knife crime, and sexual harassment. Within
these 21 participants, few were involved in
possession of a firearm and illegal drugs.

these 21 participants, few were involved in possession of a firearm and illegal drugs.
51chart
Figure 2: Factors Contributing to Recidivism
Figure 2: Factors Contributing to Recidivism chart
FACTORS CONTRIBUTING
TO RECIDIVISM
SOCIAL FACTORS ECONOMIC FACTORS INSTITUTIONAL /

LEGAL FACTORS
Substance Abuse Unemployment Lack of

and Financial Rehabilitation,
Peer Pressure and Instability Reintegration and
Influence Aftercare
Migration from Programme
Lack of Parental
village to city
Care and
Supervisions
Area of Dwelling
Labeling and Stigmatization

Societal Reaction
and Unacceptance
Broken/ No
Relationship
Early School
Dropout
Source: Created by authors from findings of the research

Figure 3: Recidivism Model

52
Figure 3: Recidivism Model
Migration from Village to City Lack of Rehabilitation, Reintegration and

Aftercare Programme
Lack of Parental
Area of Dwelling/ Labeling and Stigmatization
Care and
Crime Prone Area
Supervisions
Unemployment No family
Early School Dropout and Financial support
Instability
Bad Peer and Peer Pressure
Police detention
Sub-Culture
Substance Abuse
Frustration
No means/ Poor
1st time offence
Financial Condition
Joining Gangs
Failure of Corrections
Recidivism

II. Factors contributing to Recidivism which ultimately becomes an addiction over
II. Factors contributing to Recidivism time. Due to addiction and lack of resource to
1. Substance Abuse buy drugs, people commit property offences
One of the1. significant factors that contribute like theft and burglary “In childhood, I was
Substance Abuse
to recidivism is substance abuse. From very happy, but, when I started using drugs
the data, it has been found that out of 21 my life got spoiled, because, I started stealing
participants, 19 were used or addicted to money from my parents and neighbourhoods
drugs as well as 16 out of 19 participants were for buying drugs. When I was caught by my
drugged during the commission of the crime. parents they threw me out of the house and
Even though the sample size is relatively I became a criminal and started involving in
smaller, some of the association exists with theft and burglary.”
the use of drug and commission of the crime A 45 year old respondent was convicted for
which has been revealed during the in-depth many property offences around 20 times
interviews. A participant said that “in our from the age of 13 years. He grew up as a
area smack and ganja are very cheap and street child in Delhi and happened to get
easily available; many outsiders come to addicted to smack/brown sugar. He said:
our area only to buy these drugs.” He also
mentioned; “first time I used smack during “ I was living in Hanuman temple, Connaught
school time for biting with one of my friends.” place and this place very famous for drugs
It is clear that easy availability of drug and compared to all other places I lived. First
peer pressure makes a person to use the drug time, I stole pooja utensils from temple to
53
fulfill my video game addiction, and after 3. Lack of Parental Care and Supervision
that, I started stealing small items to fulfill
Parental care and supervision are very much
my basic needs. Through one of my friend
necessary for a person to become a law-
who was also a street child, I used drug
abiding citizen. When a child is not given
because everyone was using it. From where
2. Peer using
I started P
Pressure and Influence
regularly and for which I
proper parental care and supervision, there
is a high chance that the child would get into
need money, so I starting stealing more to
deviant behaviour. Family or parents are the
fulfill my drug needs.”
Peer presssure and its influence contribute a lot to reciddivism
principal both directly
institutions and indirectly
for socialization, and. The
2. Peer Pressure and Influence if this socialization process does not happen
Peerlead authhorand
pressure interviewwed a respon
its influence ndent awho
contribute lot was
w correctly,
involvedd there
in the isRoh
ahini
verycourt
highshhootout.
chance The e first
that
the child gets into deviant behaviour. For
to recidivism both directly and indirectly. The
time he was
winterviewed
convicteed aasrespondent
a juveenile for example:
the attempt m If a child
to murder doesthat
and after anything wrong
hee got into coontact
lead author who
through the peer influence or imitating
was involved in the Rohini court shootout.
adults,
localand
gangif leader
the rparents dodnot himcare
to beora part
Thewith
firstlocaal gangs
time he wasin convicted
th
heir area asthrrough friends. The
a juvenile encouraged
supervise the child by explaining what is
for the attempt to murder and after that he
wrong
gangand
fr right, will
h lead to ha
the childthe
gets
gotofinto
a gang g and also
contact withhee local
also started
gangsd working
in theirfoor the from where he started andling g as
gun
into deviant behaviour.
area through friends. The local gang leader
well as leearned
encouraged him toshoot
be ting.
a partTheofres
aspondent
gang andsaid d: On the other hand, over supervision of
also he also started working for the gang from parents is also not good for a child as it may
where he started handling the gun as well as lead a child to be more violent and lead to
"He shooting.
learned is liike my The
brothher and helpped
respondent said:me when n I was finanncially
the path very behaviour.
anti-social w
weak. One Aday
d respondent
he was upset,
u
said:
“He is like my brother and helped me when
and he caalled three of o the gang members
m inccluding me, anda asked uss to shoot a personp (an under
u
I was financially very weak. One day he “My mom loves me a lot and also my father.
was upset, and he called three of the gang When I was in around 12 or 13 years old, I
trial prissoner) at Roh hini court, who
w was enemy to him who w killed hiss uncle. We all agreed based b
members including me, and asked us to was got caught by my father while smoking
shoot a person (an under trial prisoner) at cigarette with one of my friend. My father
on brotheerhood onlyy, but unfortuunately, I shhot a wrong person p at Rohini court." It is very clear
Rohini court, who was enemy to him who took me from that place; beat me with his
killed his uncle. We all agreed based on belt and he beat my mother when she tried
from the narratives th hat the respoondent was entirely
brotherhood only, but unfortunately, I shot
e to stop uenced by the peers.
influ
him. He also said to my mother not
a wrong person at Rohini court.” It is very to send me to school, and this made me
clear from the narratives that the respondent feel very bad after that I ran away from my
Most of the respond dents used drugs, mosttly because of peer preessure and influence. Many M
was entirely influenced by the peers. home to Delhi.”
responde
Most of theents said they
respondents y committed d theft
used drugs, only because
mostly b From they
they above
do not narrative,
havve money to evident
it is buy drugs. T
There
that
because of peer pressure and influence. extreme or violent parental supervision as
Many
is anrespondents
apparent chainsaid theyforcommitted
reaction
r the crime. well as lack of parental supervision both
theft only because they do not have money contribute to a child being a deviant or
to buy drugs. There is an apparent chain ground for criminal behaviour which leads
Figurefor
reaction 4 the
4: Peer Presssure and itss Influence to recidivism in future.
crime.
Figure 4: Peer Pressure and its Influence

Source:
S Creaated by authors from finddings of the research
54
4. Area of Dwelling who is working with Tihar prison and try to
give some aftercare programme. Murty (2012)
Area of dwelling plays a vital role in
has strongly pointed condition of penal
extending criminal behaviour even after a
institutions like lack of rehabilitation which
person gets any sanction or convicted for
prevent ex-convicts from re-integrating to the
any offence. From the interviews, it has
societies and their families which aggravates
been identified that few place or area where
recidivism.
crime and criminal behaviour are followed
like a culture and also crime is believed 6. Migration from village to city
to be normal in their culture which is
Generally, people migrate from village to
known as subculture (Piquero, 2016). Area
city because of poverty and for survival
of dwelling plays an essential role in the
purposes. When people migrate to the
process of socialization of any individual,
city they are forced to stay or dwell in
internalizing the social norms and values
places which are mostly slums or streets or
and being a law-abiding citizen. When the
platforms. This condition creates relative
socialization takes place, they are oriented
deprivation (Piquero, 2016, p. 210) or status
and believed criminal behaviour as normal,
frustration (Piquero, 2016, p. 209) among
and which also gives them certain respect in
youths, which make them vulnerable to
their area and these contribute to recidivism.
deviant behaviour as well as prolonged
This subculture includes violence as a form
criminal behaviour. It is found that due
of dispute mechanism, easy availability of
some issue with their parents, four of the
illegal drugs and weapons, gang formation/
respondents have ran away from their
availability and availability of motivating
homes or village to Delhi city and happened
factor for criminal behaviour.
to live in conditions which forced them to
One of the respondents said “sir, in our commit crimes for their basic needs.
place everything is available very easily
7. Societal Reaction and Non-acceptance
and if you give me just 2000 Rupees I can
buy a country made gun for you.” From the Societal reaction and non-acceptance are one
above narrative, it is apparent that the easy of the contributing factors for recidivism. The
accessibility of weapons is also one of the societal reaction involves society rejects a
contributing factors for recidivism. person by labelling a person being ex-convict
or criminal. If society rejects a person, even
5. Lack of Rehabilitation, Reintegration
when that person wanted to reintegrate back
and Aftercare Programme
to society it becomes very difficult for him/
One of the significant contributing factors her and that leads to returning to criminal
for recidivism is lack of rehabilitation, career or joining any local gangs under
reintegration and aftercare programme by pressure or frustration. A respondent said:
prison authorities. It is very evident that the
“Sir, I committed first when I was at the age
Indian prison does not have a proper and
of 14 years and which was because of the
systematic rehabilitation, reintegration, and
situation. Once I return from observation
aftercare programme. This makes ex-convicts
home, everybody around my area was
left without any support and rehabilitation
looking at me differently, and many of them
post-release from the jail which makes them
stopped talking me in extreme case. It is
difficult to go back to society and live a
normal that society does not accept people
normal life. As per the data collected, all the
me and even people refuse to give jobs to
respondents said that the prison authority
people. In this case, we use to look for an
does not provide any post-release support
alternative way to earn money like joining
which also crossed verified with the NGO
any gang or stealing, etc.”
55
8. Labelling and Stigmatization the financial resource. A respondent said:
Labelling is one of the significant “If a person once enters into jail, it is
contributing factors for the recidivism challenging for him/her to reintegrate to
which has been explained well in the society and usually we do not get any good
labelling theory of Edwin Lemert (Piquero, job because of the label being ex-convict.
2016, p. 274). Even if an ex-convict wants to I was working as labour in a construction
reintegrate in the society, labelling creates field after releasing from jail for the first
a situation in which a first-time offender time, and somehow the contractor came to
is forcefully pushed again to criminality. that I was released from jail then he asked
More importantly being labeled as ex- me to leave the job.”
convicts, police arrest them even if they
Another respondent said: “Sir, I usually do
are not involved in any crime and in some
not reveal that I was an ex-convict because
extreme form they are also charged for false
it is very common that nobody wants to give
case which is described in the following
the job to an ex-convict.” From the above
narrative:
narratives, it is evident that ex-convicts have
“Sir, first I convicted for fighting with one to hide their identity to get a job and this is
of my friends when I was 16 years old, and common among most of the respondents.
I were sent to observation home. However,
10. Early School Dropout
after that, I tried not to involve in any kind
of crimes, but this society and police never Early school dropout contributes to
allowed a person like me to lead a normal recidivism indirectly in many ways like
life. Many times police detained me in the having bad peers, committing the status
lockup cell, even when I did not commit offence, status frustration and financial
any crime. This also affected my personal instability due to lack of education. A
life and nobody was willing to marry me. respondent said that “my biggest mistake
Sometimes, I feel that it better to kill a few in life was to discontinue my schooling, if
police officers who are creating this kind of I would have studied well I would never
false accusation and become a life convict be like this and I would be living normal
in jail.” From the above narrative, it is also life like others.” it is evident from the above
evident that labelling and stigmatization narrative that due to lack of education or
create frustration and anxiety among ex- school dropout people get deviated and when
convicts as well as influence them to commit they grow up, it creates status frustration
a more violent crime like murder. among them which contributes to criminal
behaviour as well as recidivism.
9. Unemployment and Financial
Instability 11. Broken Relationship/No Relationship
Unemployment and financial instability If a person is having a relationship or
are also one of the major contributing married life, which force him/her to be
factors for recidivism. Factors contributing more responsible in their life. When a
to recidivism are interrelated to each in a person does not have a relationship or in a
way that one-factor influence to others. broken relationship which leads to lack of
Labelling and societal non-acceptance commitments as well as lack of love and
create a situation in which ex-convicts are affection which make them vulnerable
forced to remain unemployed which leads to anti-social behaviour like drugs and
to financial instability or lack of resource, alcoholism etc.
due to which ex-convicts commit property
offence, and sometimes they join gangs for

56
Conclusion and Recommendations it recommended that a collective
responsibility can be taken by police,
The findings of this study reveals that the
education department, community,
factors contributing for recidivism are:
and NGO to educate such children and
substance abuse, financial instability,
their parents about crime and criminal
unemployment and poor living conditions,
life. By this, we can prevent juvenile
lack of parental care & supervision, societal
delinquency and other anti-social
reaction and non-acceptance, peer pressure
behaviours.
& influence Migration from village to city,
early school dropout, broken relationship/ 3. Government or prison authority should
no relationship, lack of rehabilitation, create a psychological cell for giving
reintegration and aftercare programme, psychological counselling to prisoners
labeling and stigmatization. These are (the Gujarat model may be adopted) as
pushing factors for ex-offender to re-offend. well as to listen to their concerns which
It is concluded from the findings that to contribute to good mental health as
reduce or to prevent recidivism among ex- well as make them live normal life post-
convict most crucial thing is to designate release.
an effective, efficient and sustainable
4. The government should mandate all
socio-economic reintegration, systematic
schools to educate students about
rehabilitation and after programme to ex-
the basics of criminal behaviour and
convict upon their release. This will also
criminal justice and include criminology
make an active participation of family’s
and law as a paper. This will help
convicts, community, government as well
students to know about the crime and
as nongovernmental organizations in the
criminal behaviour and will help them
process of reintegration.
to become law abiding citizens.
The following are the recommendations:
5. The government should also take
1. There is a need for effective, efficient steps to implement an effective and
and sustainable socio-economic systematic intervention to the children
reintegration, systematic rehabilitation in conflict with the law. It will prevent
and after programme giving to every juveniles from becoming an adult
prisoner upon release by the prison offender or recidivists in future, as
authority. they are more vulnerable to continue
criminal behaviour.
2. It is found that few areas itself
make children prone to crime. So

57
REFERENCES
• Baldry, E., McDonnell, D., Maplestone, P. and Peeters, M. (2006). Ex-Prisoners,
Homelessness and the State in Australia. Australian & New Zealand Journal of
Criminology, 39(1), pp.20-33.
• Creswell, J. W. (2009). Research design: Qualitative, quantitative, and mixed methods
approaches. 3rd ed. Thousand Oaks: SAGE, p.183.
• Hosser, D., Windzio, M. and Greve, W. (2007). Guilt and Shame as Predictors of Recidivism.
Criminal Justice and Behavior, 35(1), pp.138-152.
• Maruna, S. and King, A. (2009). Once a Criminal, Always a Criminal?: ‘Redeemability’
and the Psychology of Punitive Public Attitudes. European Journal on Criminal Policy
and Research, 15(1-2), pp.7-24.
• Mellow, J., Mukamal, D. A., LaBuglio, S. F., Solomon, A. L., & Osborne, J. W. (2008). The
Jail Administrator’s Toolkit for Reentry. Washington DC: Urban Institute, Justice Policy
Center, pp.33-39.
• Miller, J. (2009). 21st century criminology. London: SAGE, p.220.
• Ministry of Justice (2014). Transforming Rehabilitation: a summary of evidence on
reducing reoffending. Ministry of Justice Analytical Series. London: Ministry of Justice,
United Kingdom.
• Ministry of Justice (2018). Proven Reoffending Statistics Quarterly Bulletin, January
2016 to March 2016. London: Ministry of Justice, United Kingdom.
• Murty, K. (2012). The Dynamics of Recidivism in Andhra Pradesh. Sociological Bulletin,
61(3), pp.450-464.
• National Crime Records Bureau (2017). Crime in India 2016. New Delhi: National Crime
Records Bureau, Ministry of Home Affairs, GOI.
• National Institute of Justice. (2019). Recidivism, National Institute of Justice. Retrieved,
https://www.nij.gov/topics/corrections/recidivism/Pages/welcome.aspx [Accessed 2 Jan.
2019].
• Palakkappillil, J. and Karunakaran Prasanna, C. (2017). Criminality Among Youth and
Recidivism. The Journal of Development Practice, Retrieved, http://journals.dbuniversity.
ac.in/ojs/index.php/jdp/article/view/308 [Accessed 26 Jun. 2019].
• Payne, J. (2007). Recidivism in Australia: findings and future research. Research and
Public Policy Series No: 80. Canberra: The Australian Institute of Criminology.
• Sandhu, H. (1987). Low Rates of Delinquency and Crime in India - A Case for Strong
Social Controls. Indian Journal of Criminology, 15(1), pp.9-16.
• Unnithan, N. (2013). Prisons, Corrections, and Recidivism in Indian Culture and Society.
In: S. Vincentnathan and L. Vincentnathan, ed., Crime and justice in India. New Delhi:
SAGE, pp.404-412.
• Wartna, B. and Nijssen, L. (2006). National studies on recidivism: An inventory of large-
scale recidivism research in 33 European countries. Fact sheets 2006-11. The Hague:
WODC (Research and Documentation Centre).

58
Adjustment of Child in Conflict With Law:

An Empirical Study
Lakshmi Pandey*
ABSTRACT
The study was conducted on a sample of 200 male adolescents drawn equally from Child
in Conflict With Law (CICL) and non-CICL group. The CICL (100) consisted of those who
had violated the law and were lodged in the observation homes. The non-CICL counterparts
(N=100) consisted of those who had not committed any crimes. The subjects selected
for the two samples were compared with each other in terms of their adjustment status.
The Adjustment Inventory developed by Sinha and Singh (1984) was used to assess the
adjustment status under study. The statistical comparison of different groups of CICL and
non-CICL with each other in terms of their levels of adjustment and its dimensions revealed
that all the groups of CICL were not found to differ significantly between themselves in terms
of their adjustment scores but they differed significantly with their non-CICL counterparts.
Moreover, it was found that different groups of CICL showed poor social, emotional and
educational adjustment as compared to their non-CICL counterparts with a significant
margin. Findings revealed that CICL and non-CICL differed significantly in terms of their
social, emotional and educational adjustment indicating that CICL had poor adjustment in
these areas than those of the non-CICL group.
KEY WORDS
Child in Conflict With Law, Non-CICL, Adjustment and Bihar
Introduction activity. This recognizes any person under

the age of 18 years as a juvenile. This Act
The children form almost half of the world’s has recently been renewed by the Juvenile
population. They are the expectation of Justice (Care and Protection) Act 2015. This
society and the asset of the nation. They unique JJ Act 2015 has not only stopped the
derive past and they are themselves the differential use of the word ‘juvenile’ and
prospect. They have the right to exist ‘child’ but also the term ‘juvenile in conflict
and flourish as children. Though, as the with law (JICL)’ has been replaced by ‘child
children themselves are not conscious in conflict with law (CICL)’. The JJ Act 2015
of their rights, they become the tools of provides for extended prerequisites for both
abuse or offender. Child offence is one of the children in need of care and protection
the major forms of social maladjustment in (CNCP) as well as the children in conflict
children. Some psychiatrists suggest that with law. As per the Juvenile Justice (Care
it is a pattern of behaviour manifested by and Protection of children) Act, 2015, CICL
children and adolescents who violet the involves any child who has not completed
laws of the land and the accepted mores, eighteen years of age on the date of charge of
and that are an antisocial character. In India, such offence provided if, a child in conflict
the Juvenile Justice (Care and Protection) with law under the age group of 16-18 years
Act 2000, provides for special dispensation who alleged to seen to have performed any
concerning children associated in criminal heinous offence, will be interpreted being
*Associate Professor, Univ. Dept. of Psychology; TM Bhagalpur University, Bhagalpur, Bihar, India

59
an adult. The unique JJ Act 2015 classifies ineffective linguistic skills, dropping out of
the offence committed by children into three high school and denial of their weakness
sections viz petty, serious and heinous. (Hoffman et al.1987; Speakman et al. 1992).
Towards this, the present study is intended Zimbardo (1972) said that there were
to determine the adjustment status of CICL some pieces of evidence that delinquents
as compared to the non-CICL group. and criminals might be more emotionally
disturbed than the general population.
In a psychological context, adjustment refers
to the “processes through which people Adjustment is multidimensional and
manage or cope with the demands and hence it involves home, health, social,
challenges of everyday life” (Weiten et al. emotional and other similar dimensions.
2011). The adjustment pattern and process Singh (1976) and Nirmal (1977) observed
are indicators of an individual’s personality a positive correlation between deviant
and behavioural patterns. According to behaviour and home, emotional and social
Crowe (1974), the important components of maladjustment. Singh (1979) found that
adjusted behaviour are the possession of (i) the murderers showed a poor home, social
a wholesome outlook of life (ii) a realistic and emotional adjustment. Singh (1980)
perception of life (iii) emotional and social revealed that juvenile delinquents have a
maturity, and (iv) a good balance between lower adjustment on all the five dimensions,
inner and outer forces that activate human namely, health, home, occupation, social
behaviour. A failure to achieve these are likely and emotional adjustments as compared to
to be conducive to maladjustment which the non-delinquents. Krishna (1981) held
may, in turn, lead to a variety of behaviour that truants in comparison to non-truants
pathologies like emotional disorders, were significantly more maladjusted in the
antisocial activities, deviant and delinquent areas of the home, social and emotional
behaviour. Psychologists have tried to study adjustments than the normal subjects.
the adjustment pattern of an individual in Sharma (1982) demonstrated delinquents
different areas like home, health, emotional, to be lacking in normal adjustment. Husain
social, school and so on. The mental (1984) reported that criminals, as a group,
troubles and emotional maladjustments were more maladjusted than normals in all
are strong factors in the delinquency. It is areas of adjustment. There was a significant
a matter of fact that a well-adjusted person difference between the scores of criminals
would show less offending behaviour and and normals with regards to home, health,
vice-versa. According to Eysenck (1970) social and emotional adjustments. Prasad
“antisocial conduct is evidence of a lack and Reddy (1990) found that delinquents
of proper socialization” and socialization possessed significantly low personality
is nothing but learning of behavioural adjustment than non-delinquents. This
patterns approved by society. Failure to view has been supported by numerous
adjust these norms and expectations may investigators (Krishna, 1993; Singh and
lead one toward crime and offence. Several Ambastha, 1997; Singh and Singh, 1989;
studies on adjustment of CICL and criminals Agarwal, 2014)
have confirmed this relationship. Agarwal
Besides, Picken (2012) has cited several
(2014) found that delinquents have scored
studies carried out by Wooldredge, 1999;
significantly higher in home, emotional
Zamble and Porporino, 1990; Dhami et al.,
and social adjustment areas as compared to
2007; MacKenzie, 1987 which found that,
the non-delinquents. Morison and Cosden
for inmates, coping strategy and adjustment
(2015) have cited some studies that reveal
depends on specific institutional
there is a link between poor adjustment
opportunities or changes. The prison
of delinquents and learning disability,
60
environment and prisoner’s pre-prison as observation homes. Non-CICL having
characteristics have long been recognised no criminal antecedents have also been
a considerable debate to which an inmate’s included to examine whether CICL and
adjustment to imprisonment is influenced non-CICL differ in their adjustment status.
(Dhami et al., 2007). Further, the experience
Hypothesis
of social isolation by inmates is one of
the main factors which influence their 1. Different groups of CICL will not differ
adjustment to imprisonment. It has been significantly between themselves in
also found that detachment from family is terms of adjustment score.
a primary reason given for suicidal tries in
2. The CICL and non-CICL will significantly
prison (Kupers, 1999). Numerous studies
differ between themselves on scores of
have also noticed a tie between regular
emotional adjustment.
visits from family and friends, to positive
prison adjustment (Cobean and Power, 3. The CICL and non-CICL will significantly
1978). Furthermore, inmates appear to differ between themselves on scores of
accommodate healthier to imprisonment if social adjustment.
they have supported some measure of control 4. The group of CICL and non-CICL will
beyond their immediate surroundings significantly differ between themselves
(McNulty and Huey, 2005), recommending in terms of their scores on educational
that weaker protection prisons allow for adjustment.
higher adjustment. Besides, maladaptation
to imprisonment is delineated by anxiety, Method
depression, aggression, violence and Sample
suicide etc.(Dye, 2010). Some measures of
sick adjustment to prison are high rates of Sample of the present study was consists
disciplinary breaches, and time consumed of 100 CICL divided into petty (40), serious
in solitary confinement (McShane and (44) and heinous (16) criminals and an
Williams, 1989). McShane and Williams equal number of non- CICL (100). The CICLs
(1989) used 6 concepts in their study to were chosen for the study by the purposive
estimate adjustment: outside contact, unit method of sampling, where a simple random
assignment stability, good-time earning sampling method was used for selection of
ability, security classification, work history non-CICL. Sample of CICLs was selected
and disciplinary history. from different observation home and non-
CICL were belongs from the different district
The studies on adjustment of CICL with in Bihar. All the respondents were between
respect to their social, health and home 13-16 years of age and inhabitants of the
adjustments are scanty. Thus, it appears rural areas. Besides, all of the respondents
that studies relating to adjustment of were boys and had a basic understanding
criminals and CICL have yielded fruitful of reading and writing in Hindi. The
but inconsistent results. Inspired by the respondents came from families lacking in
aforementioned considerations, the present literacy and education with a poor socio-
research has been undertaken. economic background.
Objectives of the Study Instruments
The present study has focussed on Adjustment Inventory: Sinha and Singh’s
institutionalized male CICL. By (1984) adjustment Inventory for Hindi
institutionalized CICL is meant here only knowing school students of India, ranging in
those children who have violated the law age from 14 to 18 years, was used to assess
and lodged in some institutions, such
61
the adjustment status in the subjects. The Results
inventory consists of 60 items with forced-
Statistical analysis was done with the help
choice responses. It measures adjustment
of the Statistical Package of Social Sciences
in three areas- emotional, social and
(SPSS). Table 1 consists of the findings of
educational. The possible score one could
the statistical comparison between different
achieve on the test ranged between 0 and
groups of CICL and non-CICL in terms of
60. Lower the score on the test, the greater
their level of adjustment.
Table1: Comparison of different CICL and non-CICL groups and their relative standing
in terms of their level of adjustment
t-ratio F Value
Groups N Mean SD
B C D B C D
A 40 29.14 8.51 .090(NS) .45(NS) 8.87** .306(NS) .85(NS) 5.0*
B 44 28.97 7.93 x .37(NS) 8.95** x .23(NS) 9.35**
C 16 30.06 8.83 x x 6.96** x x 8.69**
D 100 18.14 5.89 x x x x x x
Note: A= Petty criminals, B= Serious criminals, C= Heinous criminals and D= Non-

offenders; NS= Not significant, * significant at .05 level, **Significant at .01 level
was the level of adjustment in the respective Preliminary analysis of the result as
dimension. Reliabilities of the test by the mentioned in table 1 shows that different
split-half, test-retest and KR methods were group of CICL, as compared to non-CICL,
found to be 0.95, 0.93, and 0.94, respectively. were found to have significantly lower levels
Validity was also satisfactory. of adjustment. The results further revealed
that petty, serious and heinous group
Procedure: As some of the respondents
of criminals did not differ significantly
were simply literate, the scale was first
between themselves but they had marked
transformed into an interview schedule
the significant difference with non-CICL
so that the task of data collection could
counterparts. Moreover, it was found that
be easily accomplished. Mainly, to ensure
the non-CICL had relatively a higher level
the collection of their genuine and honest
of adjustment pattern followed by serious,
responses, an attempt was made to establish
petty and heinous criminals.
a rapport with them before starting the
interview procedure. The process of rapport Table 2 records the summary of the findings
building lasted at least for 15 minutes of the statistical comparison between
for each of the subjects. Consequently, different group of CICL and non-CICL in
the subjects extended their sincere terms of their level of emotional adjustment.
participation and full cooperation because There existed no significant differences
they were convinced of the intention of the between petty and serious criminals (t=.33/
investigation,. This was quite evident from p<.05), petty and heinous criminals (t=.99/
their willingness to participate in the study, p<.05), and between serious and heinous
as well as their often searching enquiries criminals (t=.71/p<.05), in terms of
about the findings thereof. emotional dimensions of adjustment score.
However, all the groups of CICL, such as
petty, serious and heinous criminals differed
62
Table 2: Comparison of different CICL & non-CICL groups and their relative standing
in terms of their level of emotional adjustment score
t-ratio F Value
Groups N Mean SD
B C D B C D
A 40 9.37 2.52 .33(NS) .99(NS) 8.93** .62(NS) 3.1(NS) 2.83(NS)
B 44 9.57 2.84 x .71(NS) 9.20** x 1.14(NS) 7.45**
C 16 10.19 3.33 x x 7.34** x x 11.82**
D 100 5.69 2.07 x x x x x x

delinquents; NS= Not significant, * significant at .05 level, **Significant at .01 level
significantly from the group of non-CICL An examination of the table 3 showed

counterparts (t=8.93/p<.01;t=9.20/p<.01& that the different group of CICL namely
t=7.34/p<.01 respectively) on emotional petty, serious and heinous criminals
dimensions of adjustment. have significantly higher mean score as
in terms of their level of social adjustment score
t-ratio F Value
Groups N Mean SD
B C D B C D
A 40 9.62 2.89 .054(NS) .73(NS) 8.23** .16(NS) .06(NS) 9.09**
B 44 9.59 2.86 x .78(NS) 8.39** x .002(NS) 15.18**
C 16 10.25 2.95 x x 7.22** x x 6.86**
D 100 6.16 1.94 x x x x x x
delinquents; NS= Not significant, * significant at .05 level, **Significant at .01 level
in terms of their level of educational adjustment score
t-ratio F Value
Groups N Mean SD
B C D B C D
A 40 9.97 2.70 .004(NS) .03(NS) 8.26** x .06(NS) 9.09**
.41(NS) .082(NS) 1.15(NS) 2.86 x .78(NS) 8.39** x .002(NS) 15.18**
B 44 9.98 3.16 x .02(NS) 7.98** x .52(NS) 3.7*
C 16 10.00 2.34 x x 6.09** x x .20 (NS)
D 100 6.27 2.26 x x x x x x

CICL; NS= Not significant, * significant at .05 level, **Significant at .01 level

63
compared to the non-CICL group on the Discussion and Conclusion
social dimension of adjustment. Thus, the
The results showing all the groups of
results indicated that the CICL had poor
delinquents, as compared to their non-
social adjustment as compared to their
delinquents counterparts are more messed
non-CICL counterparts. However, all the
up to adjustment and its dimensions fairly
groups of CICL, such as petty, serious and
agree with the earlier findings (Singh and
heinous criminals differed significantly
Ambastha, 1997; Singh and Singh, 1989,
from the group of non-CICL counterparts
Agarwal, 2014 & Kumari, 2018). These
(t=8.23/p<.01;t=8.39/p<.01& t=7.22/
studies have shown that delinquents, in
p<.01 respectively) on social dimensions of
general, have poorly adjusted to demands
adjustment.
and stresses of daily living, emotionally
Table 4 demonstrates that the different unstable and having difficulty coping with
group of criminals namely petty, serious personal relationships as compared to their
and heinous have differed significantly non-delinquents counterparts.
in mean educational adjustment score as
More recently, Saraswati, Hunshal and
compared to non-CICL (t= 8.26/p<.01; t=
Gaonkar (2008) revealed that the majority
7.98/p<.01 & t= 6.09/p<.01respectively)
of institutional children had unsatisfactory
but they did not manifest so between
adjustment indicating more problems in
themselves. Results also confirm the fact
social, emotional and educational areas.
that the CICL respondents were showed
Also, criminals as compared to the non-
lesser educational adjustment with their
criminals, are generally characterised as
curricular and co-curricular programmes as
emotionally unstable, impatient, demanding,
compared to their non-CICL counterparts.
disobedient, less accommodating, shy,
The results further revealed that the timid, sensitive, insecure, aggressive,
heinous criminals had the highest scores worried, troubling, lack concentration and
on almost all the dimensions of adjustment interest in studies, poor memory (Singh,
followed by serious and petty criminals Pandey and Singh, 2003)
respectively. Non-CICL without any
Prasad and Reddy (1990) found that
deviation scored lower on each of the
delinquents had low personality adjustment
dimensions of adjustment. All the groups
than the non-delinquents. Based on the
of CICL, especially heinous criminals were
study on the sample of female delinquents
found to be more messed up to adjustment
Sivanandan (1990) reported that delinquents
and its various manifestations as compared
differed in their personality adjustment
to their non-CICL counterparts. Further,
as compared to their normal counterparts.
there existed no significant differences
Husain, (1984) reported that criminals as
between petty and serious criminals, petty
a group were maladjusted than normals
and heinous criminals and between serious
in all areas of adjustment. Sharma (1982)
and heinous criminals in terms of any of
demonstrated delinquents to be lacking
the dimensions of adjustment. Moreover,
normal adjustment. There was a significant
the statistical comparison made at the intra-
difference between the scores of criminals
group level also exhibits a similar trend.
and normals concerning home, health, social
However, all the groups of CICL, such
and emotional adjustment. Singh (1981)
as petty, serious and heinous criminals
noted that criminals showed lower home,
marked a significant difference from the
health, social and emotional adjustment
group of non-CICL counterparts on all the
than the non-criminals. Agarwal (2014)
dimensions of adjustment.
noted that juveniles differ in emotional and

64
educational dimension of the adjustment criminal behaviour committed by children
but not differ significantly in terms of the is one of the burning social problems of the
social dimension of the adjustment score day affecting adversely cross-sections of
than non-delinquents. Krishna and Kumar the population. This unlawful act or social
(1981) held that truants in comparison problem can’t be solved by legislation and
to non-truants were significantly more government alone. Social participation
maladjusted in the area of the home, social and awareness or public attitude towards
and emotional than the normal subjects. this relevant social issue must also change.
Therefore, there is a need to find out the
The findings of this study may prove that
loopholes within society and needs to be
CICL and non-CICL differed significantly
analysed comprehensively. However, the
in terms of their emotional, social and
present study is a modest approach in this
educational adjustment indicating that CICL
direction.
had a poor home and family adjustment
than the non-CICL. Needless to say,
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66
Rationality or Opportunity: What Matters in Crime?

A Descriptive Analysis of Property Crimes Reported by
Electronic Media in Chennai City and its Outskirts.
K. Kuralarasan* & M. Priyamvadha**
ABSTRACT
Rationality and opportunity are the two essential components of crime. Rationality denotes
the rationale of the offenders in choosing a target, whereas opportunity indicates the
opportunities offered by the environment to precipitate the crime. Rational Choice Theory
(RCT) states that the offender’s rationality depends on financial gains and the amount of
risk involved in the act of crime. Unlike Rational Choice Theory, Routine Activity Theory
(RAT) emphasizes that a suitable target and the absence of a competent guardian provides
opportunities for offenders. Thus, Rationality and Opportunity are the key factors for an
extensive understanding in order to frame an effective crime reduction strategy. This paper
attempts to analyse the concepts “rationality” and “opportunity” in the crimes reported in
print and electronic media in Chennai city during 2014 and 2015. Through, such analysis,
this paper attempts to study the proportion of rationality and opportunity in the commission
of crime.
KEY WORDS
Crime, Rationality, Opportunity and Crime Reduction
Introduction the target to simplify the interaction refer

to the opportunity. Thus, rationality and
An offender walks through the streets
opportunity are the major components of
with an intention to commit a crime; after
a crime. It is important to understand both
considering many factors, he decides to
of these for the purpose of effective crime
break open a door, completes the burglary
reduction.
and flies away. Thus, crime is a result of
the interaction between the offender and Rationality
the target. There are many factors involved
In general, a rational choice means the
in this interaction, i.e. it is vital that there
“process of understanding the options
is an offender and a suitable target for
available and then choosing the most
this interaction to take place. An offender
preferred one according to some consistent
reasons and selects the target and plans
criterion” (Levin & Milgrom, 2011). In crime,
accordingly to complete the interaction
rationality refers to the rational selection of
successfully. Simultaneously, there are also
a suitable target by the offenders in order
certain factors associated with the target,
to commit a crime. The purpose of being
which make interaction either simple or
rational is to increase the benefits and avoid
hard for the offender and based on which
associated risks. Benefit mostly means the
the offender makes his decision. The
financial gain and risk means the amount
offender’s reasonable selection of the target
of effort and legal actions involved in the
refers to rationality and factors exhibited by
*UGC-Senior Research Fellow, Department of Criminology, University of Madras, Chennai.

**Associate professor, Department of Criminology, University of Madras, Chennai.

67
commission of a crime. Further, offenders Rational Choice Theory, the authors infer
also consider that the benefit should be that the offenders select targets that provide
worth the amount of effort they take. an opportunity to satisfy their motives.
In the process of assessing the cost and Hence, it is very apparent that opportunity
benefit, the offenders read cues present in plays an important role in the commission
the environment and select their targets of a crime.
accordingly. The study operationalizes
Kang and Lee (2013) state that the offenders
factors such as prior preparation,
read cues present in the environment to
surveillance of targets, analysing the
weigh the risks and benefits involved in
financial gains, and planning the offence in
the commission of a crime. For instance, a
a suitable time. This assessment of the risks
secured building/house seems risky for the
involved in crime refers to the rationality of
potential offender to commit a crime than
the offender.
non-secured building/house. On the one
Opportunity hand, the cues help the offenders to weigh
the risk and benefits and on the other hand,
As with rationality, the understanding of
some cues exhibited or presented by targets
opportunity is equally important in the
tempt the offender to commit a crime.
study of crime prevention. The opportunity
Sometimes, the kind of cues exhibited by
of crime can be simply understood by a
the target motivates the potential offender.
question of “why here and not somewhere
So, the study operationalizes opportunity
else.” Opportunity denotes the circumstance
as any circumstance provided/exhibited by
that simplifies the act of committing a
the target, knowingly or unknowingly, for
crime and also expresses the vulnerability
committing a crime.
of the target to the offender. Whereas
rationality involves offenders weighing the This study focuses on the proportion of
risks and benefits of a crime and planning rationality versus that of opportunity
accordingly, opportunity doesn’t involve involved in the commission of a crime and
prior planning, and rather offenders are which one of them plays a major role. The
tempted by the opportunities (Felson & core objective of this paper is to address
Clarke, 1998). In other words, opportunity the above question. Even though literature
helps the offenders to make an implusive on crime prevention reveals that both
decision about the target. Felson and Clarke rationality and opportunity in committing
(1998) stated that there is no single factor a crime plays a major role in the crime, one
that can be pointed out for the occurrence cannot say that a crime is committed only
of the crime; yet, opportunity is above because of the opportunity available to or
all other factors and the authors claimed rationality of the offenders. The proportion
opportunity as a root cause of crime. In of these two factors is what matters in
addition, the authors explained opportunity facilitating a crime. It is important both
through three theories: the Routine Activity these factors be understood to frame an
Theory, Crime Pattern Theory and Rational effective crime reduction strategy. Thus,
Choice Theory. Routine Activity Theory this paper attempts to study the rationality
emphasizes three factors in crime: a suitable of the offender and the opportunity of crime
target, the absence of capable guardians through the crimes reported in the online
and a motivated offender. Further, they media. This paper tries to investigate which
argued that the offender is motivated by the of these factors plays a major role in the
opportunity created by a suitable target and crime and how it should be addressed to
absence of a capable guardian. From the frame an effective crime reduction strategy.

68
Methodology Results and Discussion
The locale of the study is Chennai city. In The relevance of the collected data is
this study, the geographical area of Chennai analysed in the following sections. To
is extended to the outskirts of Chennai, address the research question, each section
which do not come under its jurisdiction addresses the role of opportunity and
but are places very near the borders of rationality through the information inferred
Chennai. In order to meet the objectives of from the news items and highlights the
the study, property crimes reported in Tamil proportion of one or other in the commission
and English dailies in electronic media from of a crime.
1 January 2014 to 31 December 2015 (two-
Rationality and opportunity
year period) were collected. Keywords such
as crime, theft, robbery, chain snatching, Figure 1: Types of Crimes and their
burglary and housebreaking were used Incidences
to get data from the English dailies and
Figure 1 shows the type of crimes reported
keywords such as Kollai (robbery), Thiruttu
during 1 January 2014 to 31 December
(theft) and chain parippu (chain snatching)
2015. The numbers reveal that burglary (91
were used to get data from the Tamil dailies.
cases, 60.7%) is the most common form of
Variables such as date of the crime, time of
crime among property offences followed by
the crime, type of crime, access/entry to the
theft (31 cases, 20.7%). Incidents of chain
target, security measures, the presence of a
snatching (16 cases,10.7%) is less compared
guardian, motivating factor, the age of the
to burglary and theft. Robbery (12 cases,
victim and the offender and the valuables
8%) is the least common forms of crime
lost were inferred from the reported news
shown in the table. The numbers in the
items. However, the reporting pattern of
table reveal that more emphasis should be
every newspaper differs and only very
given to prevention of burglaries. Burglary
few news items report all the variables.
involves preparation and is purposeful and
The same incidents reported in multiple
calculated (Bernasco, 2006). Bernasco’s
newspapers were considered to extract
statement reveals that burglary is a rational
maximum information about a single
crime. Similar to burglary, theft, robbery and
incident. Opportunity and rationality were
chain snatching also involve rationality. For
measured through frequency and situation
instance, an offender who likes to snatch a
of the above-mentioned variables. Statistical
chain identifies the target, studies the risk
Package for the Social Sciences (v16) was
present in the environment and looks for the
used to create frequency tables and the
perfect time and place to commit the offence.
results are discussed in the forthcoming
This denotes the involvement of rationality
section.
Types of Crime and thier Incidents

100 91
80
60
40 31
12 16
20
0
Burglary Theft Robbery Chain Snatching

Figure 1 shows the type of crimes reported during 1 January 2014 to 31 December 2015. The
numbers reveal that burglary (91 cases, 60.7%) is the most common form of crime among
69
in chain snatching. Likewise, indulging in Table 1 : Area-wise Incidents of Crime
a robbery is purposeful/rational behaviour.
Area Frequency Percent
The victim is not selected randomly and
this selection involves some rationality. Central Chennai 33 22
Robbers try to achieve their needs by North Chennai 41 27.3
forceful and illegitimate ways. For this South Chennai 37 24.7
purpose, the robbers make a choice, which
Outskirts 39 26
involves calculating the risks and benefits.
In the process of selecting a target for Total 150 100
robbery, the offenders first select a suitable As shown in Table 1, North Chennai tops
area and subsequently, select a suitable the list with 27.3% and the outskirts of
target (Bernasco & Block, 2009). However, Chennai records 26% of crimes. South and
this can be applied to other property crimes Central Chennai recorded 24% and 22%
as well. In theft, offenders select a target respectively. Commission of a crime has
which can be easily taken. Thus, among a significant relationship with locations;
these crimes, robbery and chain snatching some places are more crime-prone than
are more rational since it involves pre- others (Sherman, Gartin, & Buerger, 1989;
preparation. There might be opportunity Spelman, 1995; & Block, 1995). Crimes are
involved in robbery and chain snatching strongly related to socially disorganized
but it is considered as rational only because and urban setting (Wisburd, Bernasco, &
it involves at least a minimum level of Bruinsma, 2009). The disorganized are more
preparation. Whereas in theft and burglary, vulnerable and such places will have more
the offenders are more opportunistic, the prevalence of crime. Vulnerability denotes
reason is that any unoccupied houses or weak physical infrastructure and social
buildings or unguarded valuables can attract environment, in other words, disorganized
an offender. It puts forward the question environment. North Chennai has recorded
how the crimes are considered as rational 27.3% of the crimes studied, and it is a
or opportunistic. Both opportunity and place in which physical infrastructure and
rationality may play a vital role in the above- social environment are weak compared to
mentioned crimes. They are considered as other areas mentioned in the Table 1. A
rational or opportunistic based on which of socially disorganized environment provides
their proportion outweighs the other. There many opportunities for the commission of
are other factors important to understanding a crime. Since the environment is already
the role of opportunity and rationality in the disorganized and risk for offenders is very
commission of a crime and are discussed in less, there is more chance that an offender
the upcoming sections. selects a target from such an environment.
Place and crime Even though there is not much difference
The place where a crime is committed has in the number of crimes reported in the
a vital role in rationality and opportunity. south (24.7%) and central (22%) Chennai,
The types of crime also differ according these are the places where the environment
to the place. Place here refers to any is comparatively more organized than
street, house, or building where the crime the north and outskirts of Chennai.
occurred. The physical infrastructure and Social disorganization theory states that
social environment makes one place more delinquency and crime are common in poor,
vulnerable than the other. highly populated and unorganized areas. In
line with the social disorganization theory,
this study claims that organized places

70
have less crime and less organized places Table 3: Incidents Reported at Different
will facilitate more crime. The outskirts Times of the Day
of Chennai are similar to the Zone of
Transition in the Concentric Zone theory. Time of the incidents Frequency Percent
This theory explains the zone of transition Night 86 57.3
as a primary zone of deviance, which Day 51 34
experiences a high rate of disorganization
Early Morning 10 6.7
and dysfunction and this results in crime.
Places such as Thuraipakkam, Porur, Evening 3 2
Seliyur, Guduvancheri, Urrapakkam, Total 150 100
Nandambakkam and Thiruvanmiyur can The data in Table 2 shows that percentage of
be compared to the zone of transition. crime incidents reported during the days of
These places has similar attributes as the week. Tuesday had the highest number
zone of transition i.e. migrant population (18%) of crimes. Further, 16.7% of crime
lot of IT sectors and factories and floating incidents reported was committed during
population. It also has lot of unused places Monday and Thursday. On Friday and
and dilapidated buildings which provide an Sunday, the reported incidents are 10% and
opportunity for crime. Wednesday has 14.7% incidence of crime
Crime – day and time reported and 4.7% of the incidents reported
do not have any information about the day
Similar to the case with places, crimes
of the crime.
are more during a certain time and less at
other times. These patterns of time in crime Among the 150 crime reports selected for
are also significant in crime prevention study, the percentage of the sum of crime
(Johnson, Bernasco, Bowers, & Elffers, incidents reported during weekdays is
2007). The offender looks for the perfect 76.1%. In general, the offender prefers
time to commit a crime after considering weekdays than the weekends (Blevins,
the place and type of crime he would like Kuhns, & Lee, 2012). During the weekdays,
to commit or the target’s routine creates a especially in urban cities like Chennai,
suitable time in which offender can commit most people go to work. In addition, since
a crime. lot of people work, houses unoccupied
and thus provides more opportunity for
Table 2: Incidents Reported on Different
burglary. Secondly, during work, people
Days of the Week.
are stuck in one place for at least 8–10
Day of Incidents Frequency Percent hours, which reduces the mobility of the
people. Less residential mobility creates
Monday 25 16.7
an opportunity for a would-be offender
Tuesday 27 18 (Sun, Triplett, & Gainey, 2004). The
Wednesday 22 14.7 weekends, however, are filled with many
Thursday 25 16.7 activities such as social visits, shopping
etc., which in turn, increase mobility
Friday 15 10
and deter the offender from indulging in
Saturday 14 9.3 crime (Sarkissian Associates Planners in
Sunday 15 10 collaboration with ACT Planning and Land
No info Available 7 4.7 Management, 2000). Moreover, city-centred
Total 150 100
areas are often considered by offenders as a
less suitable target at nights and weekends
(Wikström, 2016). During weekends,

71
houses and streets will be occupied due to through their empirical study of burglars
the presence of people, which may deter claim that burglars consider factors such
the offender to commit crime. Hence, as uncollected newspapers, mails or milk
the offender rationally chooses places, packets, isolation of targets from road and
which provide more opportunities for the neighbour’s residence, lighting, hiding
successful completion of the crime. places to indicate targets with less effective
deterrents and factors such as proximity of
Types of target
the target to other people, which includes
After considering the day, time and place, those walking, neighbours, occupants
offenders choose suitable or vulnerable (people/persons inside the target), police
targets. The suitability or vulnerability officers, lack of escape routes, security
differs according to the target and its signs indicating presence of alarms,
environment. The offender considers some CCTV camera and dogs as deterrents to
targets more suitable and some as risky for the offenders to a large extent. Blevins et
committing a crime. Newman (1972) claims al.’s (2012) results explain why individual
that the offenders would be reluctant to pick houses are victimized often. The study
targets which pose a risk or are difficult. by Hakim, Rengert, and Shachmurove
(2001) also reveals that individual or single
Table 4 : Types of Targets and incidence of
houses are more vulnerable than dense
crime reported for each
and apartment-type houses as in these,
Type of Target Frequency Percent neighbours can watch or notice any break-
Individual Houses 63 42 ins or suspicious activities. About 10.7%
of the crime committed was in commercial
Public Places 36 24
establishments, which are often unoccupied
Commercial 16 10.7 during nights, thus making it an easy target.
Establishments It is tough to conclude that a crime is
Apartments 13 8.7 completely rational or opportunistic, it is
Public Transports 8 5.3 the proportion of rationality or opportunity
that varies. The above discussion reveals
ATMs 5 3.3
that the offenders rationally select targets
Cars 4 2.7 which provide more opportunity. The study
Religious Places 3 2 argues that, even though the rationality is
Bikes 2 1.3 involved, the proportion of opportunity’s
role in crime is considerably more.
Total 150 100
The crimes associated with cars, bikes,
The table shows the different types of
public transports and other open places
targets and their vulnerability statistics.
occurred either due to the carelessness of
Individual houses (42.3%) and open places
the victim or the offender after knowing
(24%) seem to be most vulnerable targets.
the victim had something to be stolen
Commercial establishments had 10.7% of
and intentionally diverted the victim for
crime recorded and other targets recorded
financial gains. It is found through the news
less than 10%. Individual houses (42.3%)
analysis that, by being careless, the victims
are selected more often by the offender
provided opportunities for the offender and
than other types of target as they are more
by intentionally selecting the target, the
suitable: the chances of being seen in
offender revealed the rationality involved
them are less than that in apartment-type
in the commission of crime. However,
housings. Individual houses are thus often
the victims could have been vigilant and
victimized of burglary. Blevins et al. (2012)
72
avoided providing opportunity for crime. access/entry to the target is vital factor. In
46.7% of the crimes, the offenders broke
Access to targets
open the door to get access. Even though
Accessibility of the target is important from there was no information about the type of
the offender’s perspective during the target locks, most people use simple locks, which
selection process. In case of burglary, the can be broken with a hammer. It is very
offender has to get access to the house. In common because if a person lost their key,
other types of crime, the offender needs to their next option will be to break open the
get close to the target this is referred as access door with a hammer, stone etc. Bernasco
to the target. Cohen and Felson (1979) state (2006) claims that an offender selects a
that the suitability of the target is based on target that requires very little effort to break
Value, Inertia, Visibility and Accessibility, in. This also indirectly means the target that
which in turn increase the attractiveness of is very easy to gain access to. He further
the target. More attractive targets have the states that the offender selects targets that
potential of being victimized often (as cited give the impression of no occupancy, no
in Madero-Hernandez, & Fisher, 2012). surveillance and where chances of being
interrupted and apprehended are low.
Table 5: Access to Target
Bernasco in his argument first states that
Access to the Target Frequency Percent the offender selects an easy target. From the
Door Broke Open 70 46.7 different types of access to targets shown
above, disguised entry (14%), diverting the
Disguised Entry 21 14
victim (5.3%), and forced entry (12%) could
Diverted the victim 8 5.3 be attributed to this aspect. Duplicated key
Public Places 20 13.3 used (2%) can be seen from the rationality
Forced Entry 18 12 perspective. For instance, the offender
rationally gets access to the target through
Duplicate Key was used 3 2
disguised entry. Similarly, rationality is
Entered through Open Door 3 2 very much involved in diverting the victim,
Offender was relative, friend 6 4 using duplicate keys and forcing an entry.
of Servant to Victims In these cases, although there might be
Info not Known 1 0.7 an opportunity exhibited by the target,
rationality has a major role in gaining
Total 150 100
access to the targets. The access types
Table 5 shows the different ways by which such as breaking the door open (40.7%),
offenders accessed their targets and their breaking the windows open (14%), open
frequency of use in crimes reported. Majority places (13.3%), entering through open door
of the offenders (46.7%) got access to their (2%), breaking the back door open (2%)
targets by breaking through the door. It was reveal the importance of opportunity in
observed that 14% of the offenders obtained the commission of a crime. There might
access by assuming a disguise. Further, be a role of rationality, but the reason
13.3% of the crime incidents occurred in why these access types are considered as
open places such as roads and other public opportunistic is that any would-be offender
places and 12% of them got access to the will get attracted by these factors exhibited
target through forced entry. Other types of by the target.
access are less than 10%.
In the case of the other two factors, the
Once the offender identifies the target, he offender was somehow close to the victim so
then looks to gain access/entry to the target. had easy access (2.7%) and friend or relative
In order to commit a crime successfully, of victim’s servant (1.3%) are considered
73
as special cases. This can be explained by completion of a crime needs a “no occupancy
the rationality and opportunity as well. In status.” Sometimes, the offender kills the
2.7% of the cases, the offender is known to occupant to complete the crime without any
the victim, so they easily get access to the interruption. The offender either rationally
offender; similarly, for the servants to gain selects the target that is not occupied or is
access to the target place is easy. There is tempted by targets that are unoccupied and
a chance that they were motivated by the thus provides the opportunity for crime.
opportunity or they rationally planned and The presence of a guardian matters a lot
executed the offence. Sometimes, there in the prevention of crime. Any occupant
might be both opportunity and rationality. can act as a guardian. So, no occupancy
These show the weaknesses in the target. indicates the absence of guards, which can
be considered as a motivating factor for the
Special attention should be given to the
offender.
access type – door broken open (40.7%). It
was earlier mentioned that crime, which Table 6: Occupancy of target
comes under this access type is rational.
However, the offenders are classified as Occupancy Frequency Percent
rational when they plan to break open a door No 109 72.7
because they should have been equipped Yes 41 27.3
with some tool to break open the door or
Total 150 100
used a duplicate key to open it. So, the
offender prepares or plans for the offence, Table 7: Occupancy vs. type of crime
however, the offender is also motivated since
the target is unoccupied and unsecured (no Occupancy Occupancy Total
security measures, having locks that are No Yes
easy to break open), which provides an Burglary 75 16 91
opportunity for the offender. Hence, more Theft 17 14 31
than rationality, opportunity contributes to
Robbery 9 3 12
the occurrence of crime. Therefore, more
than 40% of the crime can be considered Chain snatching 8 8 16
as opportunistic crimes There is a strong Total 109 41 150
relationship between rationality and
In 72.7% of the crimes (Table 6), there was
opportunity. Bernasco (2006) explains it in
no occupancy of the target and only 27.3%
two stages: in the first stage, the offender
had been occupied during the occurrence of
identifies suitable targets, and at the second
crime. The Routine Activity Theory (RAT)
stage, the offender compares the potential
explains that for the occurrence of crime,
targets and selects the most suitable one for
there should be a motivated offender,
commission of the crime. In methods such
suitable target and absence of a capable
as opening locked doors, an unsecured place
guardian. RAT observes that crime occurs
is often the selected as the most suitable
when opportunities are created due to the
ones. These results support the explanation
absence of guarding at a specific target. This
of Bernasco.
reveals the importance of occupancy in the
Occupancy and crime occurrence of crime. The theory clearly says
The time of crime, place and occupancy are that a capable guardian should be present
interlinked factors. In the case of a specific in order to prevent crime. The term capable
target, at a particular time, there may be guardian means anyone who can actively
no occupancy or less mobility, which deter the offender or who can prevent the
may facilitate the crime. The successful commission of a crime. Further, Bernasco
74
(2006) supports the rational choice theory Only 21% of the target has some or other
by stating that the offender chooses the kind of security measures – CCTV, security
targets where there is an impression of no guard and dogs are the most common
occupancy, no surveillance and chance of securities measures used as inferred from
being interrupted and apprehension is low. the news items on crime incidents. In case of
In 72.7% of crimes, there was no occupancy security guards who are old, guarding ATMs
which reveals that the offenders often and other places, many of us will agree that
rationally selected the target which had they can simply be present but cannot deter
no occupancy. Though 27.3% targets were the offender or prevent the commission of
occupied, 22% (see Table 9) of them were a crime. Some of the houses and shops had
elderly women, elderly men and lone women. CCTVs as security gadgets. The purpose
These three categories are considered as of CCTVs are to deter the offender, but the
vulnerable and defenceless targets against number of offences in properties with CCTV
offenders who are often dominant males. installations show the deterrent effect of the
The selection of unoccupied targets reveals CCTV is less than expected. The CCTV does
that the offenders rationally select easy not have much to do with crime prevention
targets. and it will only help in detection. CCTVs
without a person to monitor them may not
Security measures in crime incidents
produce the desired result. It is not possible
It is not possible that a house or any other for all types of targets to engage a person to
building always be occupied. However, monitor the CCTV, but it is possible to guard
when the target is not occupied it creates the house or any other building with burglar
opportunity for the offender to commit alarms. But installation of these burglar
a crime. In such a situation, security alarms is accompanied by the question of
guard and security gadgets such as CCTV, its cost. However, many of the victims lost
burglar alarm, sensors, and access control more than 50 or 100 sovereigns of gold.
devises help us to secure the targets and The cost of the burglar alarm is affordable
increase the risk for the offenders. When when compared to the loss incurred by the
the target is unoccupied, such security victims. In spite of having more valuables,
measures reduce the burden of the owner especially without adopting any security
in securing the target and increase the risk measures, the targets provided opportunity
for offenders. Table 8 shows the presence of and increased the financial gains for the
security measures used in the targets. The offenders. The victims of robbery, theft
below-mentioned security measures were and burglary had not installed any security
seen only in some of the houses or other measures to avoid being a victim.
building, rest of the targets had not opted
Motivating factors for crime
for any security measures
What motivates the offender to commit a
Table 6: Occupancy of target
crime is significant in crime. The absence
Security Measures Frequency Percent of one or other factors discussed above may
(CCTV, Security become a motivating factor for the offence.
Guard, Dog etc.) Each crime has a motivating factor, in this
No 129 86 study, the motivating factors that have been
inferred from the news items are shown in
Yes 21 14
Table 9.
Total 150 100

75
Table 6: Occupancy of target in the 150 crime incidents studied was
roughly 2996.5 sovereigns of gold, Rs.
Motivating factors Frequency Percent 96,31,180 and other valuables around Rs.
Locked door 29 19.3 50 lakhs and above. In most of the incidents
Locked door and victim 32 21.3 of crime, victims kept lot of valuables in the
was out of station house or carried a huge amount of cash or
Easily accessible to the 11 7.3 other valuables. Moreover, news reports
offender reveal that in many incidents, the victims
have been an easy target and not vigilant.
Elderly victim 2 1.3
The targets could have been demotivated
Elderly women 15 10 the potential offenders by simply keeping
Lone women 16 10.7 valuables in the bank locker, being alert or
Absence guardian 11 7.3 by adopting security measures. Apparently,
Attempt failed 2 1.3
the victims provided an opportunity by
increasing availability of financial gains by
Alone victim 10 6.7 being careless.
Victim was carless 13 8.7
Conclusion and Suggestions
Info not available 9 6
Total 150 100
The study was focused on identifying the
role of opportunity and rationality in the
Locked door implies no occupancy to the commission of a crime. From news items
offender. Among the motivating factors, reported in electronic media in Tamil and
shown in Table 9, locked door (19.3%) English dailies from 1 January 2014 to 31
is a major motivating factor for crime. In December 2015, 150 crimes were randomly
about 21.3% of the reported incidents, selected to answer the research question.
the motivating factor was that of a locked Further, the variables such as the type of
door and the victim being out of station. It crimes, day, place and time of the crime,
can also be anecdotal that the offender did access type, motivating factors, occupancy
surveillance of the target. The numbers show and security measures were inferred from
that elderly women (10%) and lone women the news item and discussed in the above
(10.7%) are more vulnerable targets. sections. Importantly, both opportunity and
Bernasco (2006) in his argument first states rationality are not mutually exclusive. All
that the offender selects an easy target. The the discussed factors are interdependent
above-shown data on different types of such of each other and result in crime. The
targets, the elderly victim (1.3%), elderly study reveals that, in many instances,
women (10%), lone women (10.7%) and both rationality and opportunity play a
alone victim (6.7%) indicate the rationality role in the crime. However, the study was
of the offender. These targets are considered initiated with the question the role of which
as weak or expected to show less resistance. factor is more than the other factor in the
So, the offender selected the targets which commission of a crime. Hence the crime is
were less risky and provided an easy considered as rational if rationality played a
opportunity. major role and opportunistic if opportunity
played a major role. The results reveal that
Crime and loss the rationality of the offender has a minor
Property related crimes mostly result in a role and opportunity has a major role in the
loss. In fact, the purpose of offenders in commission of a crime. In most of the cases,
property crime is to gain financial benefits. the rewards for the offenders were high and
This study found the sum of property lost the targets are not tough enough to deter the
76
offender or prevent the crime. The targets money spent on prevention is always an
were very unsecured and careless. In other investment. However, these methods could
words, the targets don’t seem risky for the be followed by others as well. For instance,
offenders. Not being risky also implies the houses can use a lock which is not easy to
vulnerability of the target. In conclusion, the break, even if the lock is broken open, the
proportion of opportunity is more than the cash or valuables shouldn’t be kept in an
proportion of rationality. Hence according almirah or locker. Interestingly, in India,
to the data, the role of opportunity is what women used to keep the cash or other
matters in crime. valuables in rice container or other unusual
places so that even if an offender broke open
The result indicates the need to address the
a door, his chances of acquiring the target is
opportunity in the commission of a crime.
less. Similarly, women can avoid becoming
Tilley (2009) express that “opportunity
a victim of chain snatching by walking on
plays a major part in shaping the behaviour
the right side of the road so that vehicles
and ways to reduce the unwanted behaviour
come on the opposite side and there is
is to reduce the opportunity”. Kang and Lee
visibility. It is always recommended to use
(2013) suggest the rational choice theory
the pavement so the would-be offender
that increasing risks, increasing effort and
who is on the bike to snatch the chain will
reducing the rewards indeed demotivated
not get access to his target. Another simple
the potential offenders. Importantly,
method for women is to hold an umbrella.
reducing opportunity and increasing risk
The reason is that the umbrella extends at
should go together to address the crime
least feet away from the body. The would-
effectively.
be offender cannot get close to the body and
Currently, awareness about crime prevention thus the chance of selecting a woman who
is needed. People should avoid walking in is carrying an umbrella is less. Similarly,
dark places, should avoid keeping more cash in order to avoid theft and robbery, people
or valuables. Specifically, people can prefer should be more alert and avoid walking
a burglar alarm instead of CCTV, which in dark and lonely places. These are few
only help in detection. The burglar alarms techniques for crime prevention methods.
are affordable and the cost is less when However, according to the situation,
compared to the loss incurred as the result different methods can be adopted to make
of a crime. Targets could adapt “4D” layer it hard to obtain the targets.
techniques in physical security. Firstly, the
Another important issue is that, people
target should deter the offender. Secondly,
think crime prevention is sole the duty of
if the offender gets through the first layer,
the police and other government agencies.
there should be a mechanism for detecting
The police and the public should work
his presence. Thirdly, if the offender gets
shoulder to shoulder to address the issue of
through the second layer, the time to acquire
crime prevention. Apart from police and the
a target should be delayed so that someone
public, other government agencies should
can interpret the interaction between the
take crime prevention efforts. For instance,
offender and the target meanwhile. Lastly, if
corporation can maintain the streets clean
the offender gets through all the three layers,
and ensure proper lights in the dark and
the target should defend itself. It would be a
crime-prone areas. Crime prevention should
little hard for the offender to successfully get
be a combined effort police, public and
through all the four layers. These methods
other agencies, so that it will bring down
suit well for the commercial establishments
the crime rate to a large extent.
or other types of targets which can afford
to spend money on crime prevention. The
77
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• Sun, I., Triplett, R., & Gainey, R. (2004). Neighborhood characteristics and crime: A test
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Units of Analysis in Geographic Criminology. New York, NY: Springer.

79
Rehabilitation and Reintegration Possibilities

for Rape Victims in India
Vibha Hetu*
ABSTRACT
Our country has witnessed an increase in numbers of rape crimes and so are the victims. Strict
sentencing laws and enhanced registration have not deterred the offenders but have instilled
fear in the mind of rape victims. The efforts to sensitize criminal justice personnel working for
rape victims has not yielded satisfactory results as there is still some element of shame and
degradation experienced by the victims in the whole process. There is need to rehabilitate
victims to lessen their pain and suffering via fulfilling their needs that arise as a consequence of
their victimization. The article discusses in length different forms of rehabilitation to fulfill the
victim’s needs such as medical, physical, sexual, psychological, occupational, social (formal
and informal), and also the possibility of introducing Restorative Justice System, which is
relatively new to India, to further deal with the concerns of victims. The article puts forth a
reasonable argument that if such rehabilitative and restorative options are developed through
the initiative of Government and private machinery could make a huge difference in the life
of the victims.
KEY WORDS
Victim; Rehabilitation; Reintegration; Needs; Rape**
Introduction victims whether of same crime or different

crimes; the needs may differ based on
According to Liz Kelly (2008) rape violates
the requirements of the victims. In the
personal, intimate and psychological
immediate aftermath of victimization,
boundaries what in human rights language
the victims of crime may seek services,
is designated human dignity and bodily
support and assistance from mental
integrity, and in feminist and critical
health and criminal justice professionals,
theory is termed sexual autonomy or
and depending on the sensitivity and
sexual sovereignty (Richardson, 2000).
care with which these professionals treat
As a result, victims have a broad range of
victims may play an important role in their
needs such as the need to share their stories
recovery process (Mezey, 2007). The mental
with relevant others and to lament with
health and criminal justice workers may
them, to acknowledge their harm and to
inadvertently re-victimize trauma survivors
reconnect with themselves and others, and
through their insensitive approach towards
also on personal level, recoup a sense of
their needs, by engaging in victim-blaming,
personal safety and control (Herman, 1992,
or having doubt in the reports of their
2003; Bloom, 1997). The type, intensity,
victimization (O’Sullivan and Fry, 2007).
and duration of support and services that
Moreover, when considering the crime
are required to address the individual
of rape within criminal justice and social
victim’s needs may not be same for other
service crisis intervention, it is critical that
*Dr. Vibha Hetu, Consultant, Lok Nayak Jayprakash Narayan National Institute of Criminology and Forensic Science
(L.N.J.N.N.I.C.F.S.), Ministry of Home Affairs (MHA), Government of India (GOI), Sector-3, Rohini, Delhi, India.
Email: vibhahetu@gmail.com

80
one considers not only victimization but surgeries, and/or chronic pain (Cohen,
also survivorship. Therefore, it is no longer 2003). A proper rehabilitation program
adequate to consider the victimization can reverse many disabling conditions by
experience without also considering the restoring the victim’s physical functions
road victims travel. or can help victims cope with deficits that
cannot be reversed by medical care, and/or
Needs of Rape Victim
modifying the victim’s physical and social
Medical Needs environment.
A rape can result in physical injury to the Psychological Needs
victim. Physical signs include difficulty
Rape is the desire for power (to dominate,
in walking or sitting; stained, or bloody
subordinate, control) and feelings of
under clothes; complaints of pain and
hostility (contempt, anger) are vented out
itching; irritation in private parts, bruises or
on the victims, transforming them from
bleeding or abrasion; and venereal diseases
persons to objects and often plunging them
and pregnancy. Physical disorders observed
in to a ‘rape crisis syndrome’ (Karmen,
in the victims were painful urination,
1982). Sexual assault has a devastating
enuresis, and abdominal pain. The rape can
effect on victims’ psychological and physical
cause grave injuries to victim particularly
health as survivors often experience post-
of tender years or weak. As a consequence
traumatic stress, depression, and somatic
of violent instances of rape, the victims may
symptoms (Koss, 1993). Frazier and Borgida
suffer from incontinence and vaginal fistula.
(1992) have established that “rape victims
Rapes are known to cause deep convulsions,
experience more depression, anxiety,
epileptic fits and mental derangements.
fear, and social adjustment problems than
Instant death may even occur as a result of
women who have not been victimized…
rape from shock due to fright and mental
[and] that many victims experience PTSD
emotion or from injuries resulting from
(Post Traumatic Stress Disorder) symptoms
assailant’s efforts to overpower the victim
following an assault” (p.301). The PTSD
such as hemorrhage due to excessive
criteria reflect “the intense fear that many
bleeding from severe injuries to the
rape survivors experience, as well as the
genitals and perineum especially among
desire to avoid situations that are reminders
children (McVary, 2012). Physical health
of the rape experience” (Boeschen et al,
effects include irregular menstruation/ no
1998, p.418). One study reported suicide
menstruation (amenorrhea) pregnancy,
attempts by 19% of a community sample
abortion (in 2.5% of cases), child birth,
of women who had been sexually raped
STDs (Sexually transmitted diseases)
(Kilpatrick et al, 1985). There is no doubt
such as gonorrhoea, chlamydial infection,
that the inappropriate and unsupportive
bacterial vaginitis, HIV infection, minor
responses from family and friends may
or severe bruising, injuries, infection and
serve only to exacerbate the negative
broken bones (Dubourg et al, 2005, p.34).
psychological outcomes of victimization
Such medical problems give rise to medical
(Davis, 2007). The vast majority of those
necessity means health care services
raped are women, the clinical and empirical
suitable for treating these victims.
literature has focused on their reactions,
Physical Well-being and much less information is available on
male survivors (Koss and Harvey, 1991).
Physical injuries can serve as ongoing
Treatment programmes and therapies are
reminders of the original trauma and also
needed which especially deal in curing such
can cause further trauma in the form of
psychological symptoms and preventing
repeated hospitalizations, reconstructive
81
suicidal ideation, and be necessarily within terror on the victim not just to degrade her
the reach of the victim. but also to strip the humanity from the larger
group of which she is a part. The rape of
Sexual well-being
one person is automatically translated into
The rapist is likely to infect the innocent an assault upon the community to which
victim with a sexually transmitted disease she belongs through the emphasis placed
if he suffers from that (Ram and Rice, in every culture on women’s sexual virtue:
2012), this may cause untold misery and the shame of the rape humiliates the family
defamation. Sometimes the infection and all those associated with the survivor
spreads so badly in her genitals that (Nowrojee, 1996, p.2). Since, the female
could be dangerous for her in the future. virginity is highly prized in patriarchal
Reproductive parts may get damaged. Rape society, so the sanctity of sexual relations
negatively affects the survivor’s sexual before and after marriage. This value is
life; because of that they have less desire deeply embedded in woman’s collective
to engage in sexual activity (Becker et al, consciousness since her childhood that the
1984). They may also suffer from sexual rape victim herself literally feels defiled
dysfunction or dyspareunia (McVary, after being criminally assaulted (Griffin,
2012). The rape survivors become sexually 1982). She faces constant barbs and
conservative and develop some adversarial criticism of chastity, as a result, she feels
sexual believes like all sexual relationships not just a personal sense of shame, but is
are fundamentally exploitative, and the also weighed down with guilt for no fault of
men are untrustworthy, manipulative, hers (Ram, 1993).
cheat, sly and are also opaque to other’s
There is likelihood that she may be disowned
understanding (Burt, 1980). The victims
by the family, shunned by the relatives and
need to regain sexual health.
acquaintances, and abandoned to face a fate
Regain self-control, self-esteem and self- worse than death (Sarkar, 1994). Negative
confidence social reactions were strongly linked to
increased psychological symptomatology,
The victim’s previous sense of
delayed recovery, and poorer perceived
invulnerability dissipates in a decrease of
physical health (Ullman, 1996; Ullman and
self-esteem and self-confidence. The victim
Siegel, 1995). While some victims get positive
tends to experience contradictory feelings
support, they also often receive negative
such as fear, sadness, guilt, and anger all
social reactions (e.g., blame, disbelief) from
at the same time (Koss and Harvey, 1991).
those who they tell about their assaults, and
It’s necessary for a victim to regain self-
receive more negative reactions (Ullman et
control, self-esteem and self-confidence.
al, 2007) from informal network members
Self-control is the ability to control oneself,
and secondary victimization (e.g., negative
in particular one’s emotions and desires,
treatment) from the medical and criminal
especially in difficult situations. Self-
justice organizations which women deal
esteem is confidence in one’s own worth
with post-rape (Ullman, 2010). The victim
or abilities; taking pride and confidence in
can regain her lost honour and dignity if
oneself; a feeling that one is behaving with
she is treated well by informal and formal
honour and dignity also called self-respect.
networks.
Self-confidence is a feeling of trust in one’s
abilities, qualities, and judgement. Safety and Security Concerns
Living life with dignity Koss and Harvey (1991) noted a change
of schema, or organizing structure,
The rapist inflicts the humiliation, pain and
cognitively due to rape leading to changes
82
in beliefs, about trust, safety, and intimacy. it to the market. The customers can either
Restructuring their activities and changing choose from a pornographic catalogue or
their jobs and their appearance is not directly request a ‘local film’ – a euphemism
unusual for some survivors of sexual for videos of rape (Al Jazeera, 2016). Once
assault (Warshaw, 1988). Relocating to a rape video reaches one dealer, it spreads
another city or changing their residence is like wildfire, through applications such as
usual. They may even change their phone WhatsApp; in fact, “WhatsApp sex videos”
number. Assurance of safety is important. is one term used for rape videos. Sometimes,
Some amount of safety can be experienced the videos are stolen from the perpetrator’s
if proper emotional support is offered. The phone when he takes his device to a shop
victim wants to be safe from any kind of for repairs.
threat from the offender or his family. The
The rape videos are usually bought for
threat can be from her own family where
Rs.2,000 to Rs.5,000. The shopkeeper ‘clean
there is stake of honour involved. It may be
up’ the clips before putting them out in the
argued that a major dimension of trauma is
market. The ‘clean up’ means that the faces
the destruction of meaning: assumptions
of the rapists are blurred but the victim’s
that an individual has made about the
face is not. Those that have an audio track
orderliness of the world, about their own
(read screams) are more expensive. The
personal autonomy, about where they fit in
trend of filming a rape is gaining ground
the web of social relationships - all these
and most of these are cases of gang rapes.
are dis-rupted by crime and provide an
The duration is anything between 10
important dimension to the trauma that
minutes to 30 minutes and the video clip is
they experience (Toews and Zehr, 2003,
sold for anything between Rs.300 to Rs.500,
p.264). The sense of security is deeply
depending on how explicit it is (The Asian
affected as the victim becomes vulnerable,
Age, 2017). Al Jazeera found several rape
and loses confidence in her abilities and
videos for sale costing Rs.20 to Rs.200 (30
judgement because of her victimization.
cents to $3) across the Uttar Pradesh state.
The victim needs to reorder her life and
It is a lucrative commodity that can be sold
find a new meaning in life, and this may
many times over and are transmitted to a
require recovery from, and transcend from
customer’s mobile phone in a matter of
the trauma (Toews and Zehr, 2003, p.264).
seconds. The sellers in Lucknow claim to
Social security from the state is also needed
sell 100 to 200 “local films” every day (The
for the victim with an inadequate or no
Asian Age, 2017). The faces of the women
income.
are visible in these films. Their voices are
Cyber Security clear. The attacks on them are brutal. In
more than 50 per cent of rape cases, the
Sometimes, the offender records the rape
victims complain that the act was filmed by
act and uses it to threaten the victim to not
the accused, but the police never register the
report the crime to police, or blackmail her
case under IT Act (The Asian Age, 2017).
to get money, or even rape her again, or for
The victim, whose rape video is being
selling it in the market or for offering her as
sold in the market, might have resorted to
‘booty’ to his friends or for other reasons.
committing suicide. There should not be
The victim needs assurance from the police
any exploitation of services provided by
that the recorded clip will be deleted once
smart devices in the form of making illegal
recovered from the offender; there will not be
and obscene clips.
any record as such. Such rape videos make

83
Legal Definition and Frequency/ that he is another man
Characteristics of Rape to whom she is or
believes herself to be
Legal Definition
lawfully married.
Rape1.
Fifthly — With her consent
A man is said to commit “rape” if he— when, at the time of
giving such consent, by
(a) penetrates his penis, to any extent, into
reason of unsoundness
the vagina, mouth, urethra or anus of a
of mind or intoxication
woman or makes her to do so with him
or the administration
or any other person; or
by him personally
(b) inserts, to any extent, any object or a or through another
part of the body, not being the penis, of any stupefying
into the vagina, the urethra or anus of a or unwholesome
woman or makes her to do so with him substance, she is
or any other person; or unable to understand
(c) manipulates any part of the body of a the nature and
woman so as to cause penetration into consequences of that
the vagina, urethra, anus or any part of to which she gives
body of such woman or makes her to do consent.
so with him or any other person; or Sixthly — With or without her
(d) applies his mouth to the vagina, anus, consent, when she is
urethra of a woman or makes her to do under eighteen years
so with him or any other person, of age.
under the circumstances falling under any Seventhly — When she is unable to
of the following seven descriptions:— communicate consent.
First — Against her will. Explanation 1. — For the purposes of

this section, “vagina”
Secondly — Without her consent. shall also include labia
Thirdly — With her consent, majora.
when her consent Explanation 2. — Consent means an
has been obtained unequivocal voluntary
by putting her or any agreement when the
person in whom she woman by words,
is interested, in fear of gestures or any form
death or of hurt. of verbal or non-verbal
Fourthly — With her consent, communication,
when the man knows communicates
that he is not her willingness to
husband and that participate in the
her consent is given specific sexual act:
because she believes
Section 375 Rape, The Criminal Law (Amendment) Act, 2013.

1

84
Provided that a woman who does not non-penetrative sexual assault, and deems
physically resist to the act of penetration a sexual assault to be “aggravated” under
shall not by the reason only of that fact, certain circumstances, such as when the
be regarded as consenting to the sexual abused child is mentally ill or when the
activity. abuse is committed by a person in a position
of trust or authority vis-à-vis the child, like
In Sub-section (1) of Section 376 Punishment
a family member, police officer, teacher, or
for Rape, ittheisjudgm
mentioned
ment State of “AKarnata
manaka convicted
vs Puttaaraja [2003 (8) Suprem
doctor. Themesaid364]’.Act
R prescribes
Rape victim
ms are stringent
of an offence
referredof to asrape
‘victimis punished
ms’ with
or ‘rapee victims’. T rape vicctims are prredominantlyy female annd for
The
convenie ence, I am ussing ‘she’shall
foor thenot
victim
m/survivor, punishment
a
although graded
the victim basboth
can be permale
the gravity of the
e and
imprisonment for a term which be
female acccording to law.l offence, with a maximum term of rigorous
less than seven years but may extend to ten
imprisonment for life, and fine.
years or for life cy
Frequen andandshall also be liable to
Charracteristics
fine. 2
‘Victim’ means a person who has suffered
A total raape case of 15,847 in 20003 has incrreased to 32,559 in 20177. Rape casees have increeased
any loss or injury caused by reason of the
The Protection
more thaanof twoChildren from
and a half folds Sexual
inn fourteen yeears (2003-22017). The Figures
F and Tables
T mentiioned
actRape
R or dataomission for which the accused
Offences below shhows the tren
(POCSO) nd of rape
Act, 2012 crrime since
is 2003-2017.
2a off 2014, 20155, 2016 and 2017
of India have
h been co ollected on different
d person
critteria to last e
eleven has
yearssbeen charged
(2003-2013 andof
3) in terms o the
age expression
comprehensive
group offlaw toofdeal
victims rape
r with
and all kinds
relaationship of the
t offender r with the vicctim. Thereffore,
“victim” includes histhe or
rapee data
her guardian
of child sexual f offences
of these four years co including
ould not formm partrapes.
of figgures but aree mentioned separately inn Table 1, Table
T
2 anddefines
Taable 3. The National
N or legal heir. 3
‘Rape victim’
me in should be
The said Act a child as Cr rimeperson
any Recordds Bureau (NCRB)
( hass not yet reeleased Crim
India re port for 20 018. The data addressed as ‘victim’ as mentioned in the
(both male and female)
Protectioon of Child
belowd eighteen of chilld rape casses and chiild rape victims base d on
dren from Sexual Offfences (POC CSO) Act,State 2012 have been colleected
judgment of Karnataka vs Puttaraja
years of age,
since and
2014 anddefines
has beendifferent
menti oned forms
separaately in Tab ble 4.
[2003 (8) Supreme 364]’. Rape victims are
of sexual abuse, including penetrative and
Figure 1. Rape Casees and Offendder Known/U
Unknown too Victims in India.
Figure 1. Rape Cases and Offender Known/Unknown to Victims in India.
41000
0 100
0%
38947
7
37413
97.3%
% 98.2%
%
94.9% 94.4% 95.5% 94.6%
% 93.1% 90%
%
36000
0 92.5% 91.0% 93.2%
% 33707 34651
87.0% 85.7 32559
7% 86.4% 86.0%
% 80%
%
31000
0
75.1% 70%
%
26000
0 2492
23
24206 60%
%
2217
72
2146
67 21397 Rape Caases
20737
21000
0 1934
48 50%
%
33 18359
1823
15847 40%
% Offendeer
16000
0
Unknow wn
24.9% 30%
% to Victim
m
11000
0 Offendeer
Known to
13.1% 14.3
3% 13.6% 14.0%
% 20%
%
victim
6000
0 7.5% 9.0%
%
5.1%
6.8% 5.6% % 6.9%
4.5% 5.4% 10%
%
2.7%
% 1.8%
%
1000
0 0%
2003 200
04 2005 2006 2007 2008
8 2009 2010
0 2011 2012
2 2013 2014
4 2015 2016
6 2017
Data Source: Crime in India Report (2003-2017) National Crime Records Bureau
Publications, New Delhi.
Sub-section (1) Section 376 Punishment for rape, The Criminal Law (Amendment) Act, 2013.
2
Sub-section (wa) of Section 2 Definitions, The Code of Criminal Procedure, 1973.

3

85
referred to as ‘victims’ or ‘rape victims’. The part of figures but are mentioned separately
rape victims are predominantly female and in Table 1, Table 2 and Table 3. The National
for convenience, I am using ‘she’ for the Crime Records Bureau (NCRB) has not yet
victim/survivor, although the victim can be released Crime in India report for 2018.
both male and female according to law. The data of child rape cases and child rape
victims based on Protection of Children
Frequency and Characteristics
from Sexual Offences (POCSO) Act, 2012
A total rape case of 15,847 in 2003 has have been collected since 2014 and has
increased to 32,559 in 2017. Rape cases have been mentioned separately in Table 4.
increased more than two and a half folds in
It can be seen from the Figure 1 that rape
fourteen years (2003-2017). The Figures and
cases have reported mixed trend over the last
Tables mentioned below shows the trend of
fifteen years (2003-2017) with an increase
rape crime since 2003-2017. Rape data of
of 15% in 2004 over 2003, an increase of
2014, 2015, 2016 and 2017 of India have
0.8% in 2005 over 2004, again an increase of
been collected on different criteria to last
5.4% in 2006 over 2005, an increase of 7.3%
eleven years (2003-2013) in terms of age
in 2007 over 2006, a substantial increase of
group of victims of rape and relationship of
3.4% in 2008 over 2007, a decrease of 0.3%
the offender with the victim. Therefore, the
in 2009 over 2008, an increase of 3.6% in
rape data of these four years could not form
Figure 2. Rape Cases and Relationship of the Offender with the Victim in India.
40000 60%
56.2%
54.5% 54.7% 53.9%
35000 52.9% 53.2%
50.3% 50%
48.6% 47.9% 33707
46.7%
30000
Rape Cases
39.5% 40%
25000 35.3%
33.3% 33.5% 32.4% 34.0% Offender
32.0% Unknown
29.9% 29.4% 30.1% 30.1%
20000 27.7% 21467 21397
22172 24206 24923 30%
20737 Offender
19348 Parents/Family
18233 18359 Member
15000 24.9%
15847 Offender
20% Neighbours
10000 Offender
14.3% 13.6%
13% Relatives
7.0% 5.0% 7.0% 10%

6.0% 5.7% 5.6% 5.7% 6.1% 6.4% 6.4% 6.9% Offender Others
5000 9.0% 6.8%
7.5% 5.6%
5.1%
2.7%
4.1% 1.8%
0 2.5% 2.8% 2.2% 2.0% 1.4% 1.5% 1.3% 1.1% 1.6% 1.6% 0%
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Data Data
Source: Crime
Source: in in
Crime India
IndiaReport
Report (2003-2013) National
(2003-2013) National Crime
Crime Records
Records BureauBureau Publications,
Publications,
New New
Delhi.
Delhi.
INDIAN
TheJOURNAL OF CRIMINOLOGY
Figure 2 shows the involvement of- Volume 46 & 47 in 2018-2019
known offenders the form of parents/ family member,
neighbours, relatives and others. Other offenders are known to have bigger share in perpetrating
rape with the highest value at 56.2% in 2012. Neighbours have been placed second with the
highest value at 35.3% in 2010. Relatives have stood third in terms of their involvement with the
86
2010 over 2009, an increase of 9.4% in 2011 2014, unknown offenders increased to
over 2010, 2.7% increase in 2012 over 2011, 14%, which again decreased to less than
a whooping increase of 35.5% in 2013 over 7% in three consecutive years 2015, 2016
2012, an increase of 10.1% in 2014 over and 2017. The known offenders are much
2013, a decrease of 7.4% in 2015 over 2014, higher in number in perpetrating rape. The
an increase of 12.4% in 2016 over 2015 and figure shows that in year 2012, the known
a decrease of 16.4% in 2017 over 2016. In offender involvement was 98%, the highest
2017, there is a new category of data has and lowest 75% in 2006.
been added categorized as ‘repeated rape
The Figure 2 shows the involvement of
on same woman’.4 There are 1652 cases
known offenders in the form of parents/
reported under this new category ‘repeated
family member, neighbours, relatives and
rape on same woman’ on all India level.
others. Other offenders are known to have
From 2003-2006, more than 10% unknown bigger share in perpetrating rape with the
offenders have been involved in the highest value at 56.2% in 2012. Neighbours
rape case which increased to 25% in have been placed second with the highest
2006. There have been less than 10% of value at 35.3% in 2010. Relatives have
involvements of unknown offenders from stood third in terms of their involvement
2007-2013 with the lowest figure of just with the highest level at 7% in the year
2% in the year 2012. However, in the year 2007 and 2009. Parents/ family member are
Table 1. Rape Cases and Relationship of the Offender with the Victim in India.
YEAR 2014 2015 2016

RELATIONSHIP OF THE OFFENDER
WITH THE VICTIM
Grandfather/Father/Brother/Son/etc. 674 1.8% 488 1.4% 630 1.6%
Close Family Members (Other than 966 2.5% 891 2.6% 1087 2.8%
Row 1)
Relatives (Other than Row 1 and 2) 2217 5.9% 1788 5.2% 2174 5.6%
Neighbours 8344 22.3% 9508 27.4% 10520 27%
Employer/Co-Workers 618 1.6% 557 1.6% 600 1.5%
Live in Partner/Husband (Separated/Ex) * * 705 2% 557 1.4%
Known Persons on Promise to Marry * * 7655 22% 10068 25.8%
the Victim
Other Known Persons 19368 51.8% 11506 33.2% 11223 28.8%
Total No. of Cases in which Offenders 32187 86% 33098 95.5% 36859 94.6%
were known to the victims
Offenders Not Identified/known / by 5226 14% 1553 4.5% 2088 5.4%
Victims
Total Rape Cases 37413 100% 34651 100% 38947 100%
Clause (n) of Sub-section (2) of Section 376 Punishment for rape, Indian Penal Code (45 of 1860)
4

87
known to have least involvement in rape Table 2. Rape Cases and Relationship of
having highest percentage of 4.1% in 2005. the Offender with the Victim in India.
The criteria for data collection of known
offenders have changed since 2014. They YEAR 2017
have included different types of known RELATIONSHIP OF THE
INDIA
offenders with additional criteria which are OFFENDER WITH THE VICTIM
provided in a separate table for the years Family Members 3155 9.7%
(2014-2016) (See Table 1). The criteria for Family Friends/ Neighbours/ 16591 50.9%
collecting data of known offenders have Employer or Other Known Persons
now been reduced to only three categories
Friends/ Online Friends or Live in Partners 10553 32.4%
for the year 2017, hence in a separate Table on Pretext of Marriage/ Separated Husband
2; the data has been mentioned of India.
Total No. of Cases in which Offenders 30299 93.1%
*The data was not collected for the year were known to the Victims
2014. Offenders Unknown or Not Identified 2260 6.9%
Note: The data of 2015 and 2016 of India have Total Rape Cases 32559 100%
included two new categories of offenders ‘Live
Data Source: Crime in India Report
in Partner/Husband (Separated/Ex)’ and ‘Known
(2017) National Crime Records Bureau
Persons on Promise to Marry the Victim’.
Figure 3. Victims of Rape and their Age Group in India

70%
35000 3376
64
62.3% 62.2%
59.8%
58.8% 58.4%
557.7% 57.2%
% 577.4% 60%
30000 54.7%
50.2%
24915 50%
25000 24270 46.1
1%
222193 Rape Victim
ms
214855 21413
220771
40% <10 Yrs
20000 19365
18239 1837
76
10 -- 14 Yrs
15856 14 -- 18 Yrs
15000 30%
18 -- 30 Yrs
26.3
3% 30 -- 50 Yrs
10000 17.7% 17.5% 18.4% 117.0% 16.7% 177.0%
23.9% 20%
% > 50 Yrs
15.5% 14.6% 15.0% 12.8%13.8
8%
17.4% 19.1%
16.3%
%
16.1%
115.2%
5000 12.8% 13.6% 10%
11.3% 11.0% 8.2% 8.3% 8.4%
6.4% 6.5% 6
6.2% 6.3% 7.0
0%
6.00% 6.0% 5.6%
% 4.7%
3.3% 2.6% 3.6 6% 4.2%
2.44% 2.9% 3.0% 2.6% % 3.0% 3.0%
3
0 0.4% 0.4% 0.6% % 0.5% 00.6% 0.6% 0.4% 0.6% 0.6% 0.5% 0.8% % 0%
2003 2004 2005
5 2006 2
2007 2008 2009 20
010 2011 2012 20113
Data Souurce: Crime in India Report (2003-22013) Nationnal Crime Records
R Bureeau Publicattions,
Publications,
New Dellhi. New Delhi.
It can be seen from the Figure 3 that rape viictims have reported
r mixxed trend ovver the last fiifteen
years (20003-2016) in
n India, withh an increasee of 15% in 2004 over 2003,
2 an inccrease of 0.88% in
2005 ove
INDIAN JOURNAL OFer 2004, again an increase
CRIMINOLOGY of 5.4% in
- Volume i 462006
& over
47 r 2005, an inncrease of 7..3% in 2007 over
2018-2019
2006, an increase of 3.4% in 20008 over 20077, a decreasee of 0.3% inn 2009 over 2008,
2 an inccrease
of 3.6% in 2010 oveer 2009, a suubstantial inccrease of 9.44% in 2011 over 2010, 2.7% increaase in
2012 oveer 2011, a whhooping increase of 35.55% in 2013 over 2012, an a increase of
o 11.6% in 2014
over 2013, a decrease of 7.7% inn 2015 over 2014, an inccrease of 12.4% in 20166 over 2015 and a a
decrease of 13.8% inn 2017 over 2016 (2014--2017 data mentioned
m inn Table 3). The
T (18-30 years)
y
88
It can be seen from the Figure 3 that rape 18% in 2003 and 2005. The age group (10-
victims have reported mixed trend over the 14 years) has stood at fourth where 8% is
last fifteen years (2003-2016) in India, with recorded highest in three years, i.e. 2009,
an increase of 15% in 2004 over 2003, an 2012 and 2013. Age group (< 10 years) has
increase of 0.8% in 2005 over 2004, again stood at fourth with the highest 4.7% of
an increase of 5.4% in 2006 over 2005, victims in 2013. Among (<10 years) old and
an increase of 7.3% in 2007 over 2006, (10-14 years) old rape victims are showing a
an increase of 3.4% in 2008 over 2007, rising trend for last three consecutive years,
a decrease of 0.3% in 2009 over 2008, an i.e. 2011-2013. Very few rape victims were
increase of 3.6% in 2010 over 2009, a below 50 years. There may be more than
substantial increase of 9.4% in 2011 over one victim in some rape cases reported.
2010, 2.7% increase in 2012 over 2011, a The criteria for classification of age group of
whooping increase of 35.5% in 2013 over victims of rape has changed since 2014 and
2012, an increase of 11.6% in 2014 over the data has been provided in a separate
2013, a decrease of 7.7% in 2015 over table from 2014-2017 (See Table 3).
2014, an increase of 12.4% in 2016 over
In India, child rape cases has shown overall
2015 and a decrease of 13.8% in 2017 over
increasing trend from 2003 to 2016. With
2016 (2014-2017 data mentioned in Table
minor dip of less than 1% in year 2007, 2009
3). The (18-30 years) age group has figured
and 2010. In 2015, there was a significant
the most by occupying highest level at
5.5% dip but, in year 2016, these incidences
62% consecutively in 2003 and 2004. The
increased to 50.7%, a rise of 19.4% over
age group (14-18 years) has figured second
2015. There was 49.1% howling decrease
highest and stood highest at 26% in 2013.
in child rape cases in 2017. Usually, child
The third place has been occupied by the age
rapes constituted less than one fourth of
group (30-50 years) with the highest level at
total rape cases till 2010, since then, it has
Table 3. Victims of Rape and their Age Group in India.
YEAR 2014 2015 2016 2017

AGE GROUP
Below 6 Years 547 1.4% 451 1.3% 520 1.3% 298 .9%
6 Years & Above - Below 12 Years 1491 4% 1151 3.3% 1596 4.1% 818 2.4%
12 Years & Above- Below 16 Years 5635 14.9% 4244 12.2% 6091 15.6% 3759 11.2%
Total Girl/Child Victims 14535 38.6% 11393 32.8% 16863 43.7% 10221 30.4%
30 Years & Above - Below 45 Years 5846 15.5% 5677 16.3% 5192 13.3% 5895 17.5%
45 Years & Above - Below 60 Years 690 1.8% 637 1.9% 494 1.3% 503 1.5%
60 Years & Above 90 0.2% 98 0.2% 57 0.1% 139 .4%
Total Women/Adult Victims 23146 61.4% 23378 67.2% 22205 56.9% 23437 69.6%
Total Rape Victims 37681 100% 34771 100% 39068 100% 33658 100%

89
increased to constitute overall one third Act on all India level and for Delhi was
till 2015, whereas in 2016, child rape cases not collected. The child rape cases based
have constituted more than half of total rape on POCSO Act are available since 2014.
cases. “Child” means any person below the The child rape cases have been registered
age of eighteen years.5 under Sec. 4 Punishment for penetrative
sexual assault and Sec. 6 Punishment for
Table 4. Child Rape Incidences under
aggravated penetrative sexual assault6
Protection of Children from Sexual Offences
mentioned in the Protection of Children
(POCSO) Act, 2012 in India.
from Sexual Offences (POCSO) Act, 2012.
YEAR So, the data mentioned above is the sum of
2014 2015 2016 2017 these two sections. Al though, the child rape
CHILD RAPES
(POCSO Act, 2012) cases constitute of both male and female
child rape cases below eighteen years of age
Child Rape Cases 4895 8800 19765 17382
according to POCSO Act, 2012, the figures
Child Rape Victims 4930 8833 19920 17597 of child rapes mentioned in Table 4 include
Data Source: Crime in India Report (2014- only female victims.
2017) National Crime Records Bureau It can be seen from Table 4 that there is 80%
Publications, New Delhi. increase in the child rape incidences in the
Note: Since, POCSO Act, 2012 came into year 2015 over 2014, an enormous increase
existence in the year 2012 so, the child rape of 125% in the incidences in the year 2016
cases of 2012 and 2013 based on POCSO over 2015 and a decrease of 12% in 2017
Figure 4. Rape Cases and Child Rape Cases in India.

45000
0
40000
0 389
947
37413
34651
35000
0 33707
32559
30000
0
24206 2492
23
25000
0
67 21397 2217
20737 2146
72 Rape Cases
1934
48 19
9765
20000
0 18233 18359 Child Rape Caases
15847
15000
0 13304 13
3766
10854 10059
10000
0 9082
7228
466 5382 55
957 5124 54
49 545
5000
0 626 4075
3112 36
0
2003 200
04 2005 200
06 2007 200
08 2009 2010 2011 20
012 2013 20
014 2015 20
016 2017
Data Source: Crime in India Report (2003-2017) National Crime Records

Bureau Publications, New Delhi.
New Dellhi.
5 Table 4. Child
Clause (d) of Sub-section (1) Rapee Incidences
of Section 2. sDefinitions.
under Prottection
The of Chhildren from
Protection of m Sexual Of
Children ffences
from (POC
SexualCSO)
Offences Act, 2012.
Act, 20122 in India.
6
Section 4 Punishment for penetrative sexual assault and Section 6 Punishment for aggravated penetrative sexual
assault, Protection of YE
Children
EAR from Sexual Offences Act, 2012.
INDIAN JOURNAL DOF

CHILD CRIMINOLOGY
RAPES
2014 - Volume2015
46 & 47 2018-2019
20016 2017
(POCSO Act, 2012)
Child Raape Cases 4895 8800 199765 17382
Child Rappe Victims 4930 8833 199920 17597

90
over 2016 on all India level. There is 79% focus on helping victims to re-establish
increase in the child rape victims in the a sense of safety, assisting victims with
year 2015 over 2014, an enormous increase practical needs following victimization,
of 125% in the victims in the year 2016 over and providing victims with a safe place to
2015 and a decrease of 11.7% in 2017 over tell their stories. Staff and volunteers at
2016 on all India level. the Rape Crisis Intervention Centers are
trained in non-directive counselling and
Methodology
provide long-term counselling, if necessary
This article is secondary source based article. (Williams, 1999, p.95). The emphasis is on
The article deliberated that rape crime gives support for victims and on a commitment to
rise to various needs of the victims; so these confidentiality. In addition to its practical
needs ought to be fulfilled. It has further services for victims, Rape Crisis engages
discussed various types of victim assistance in advocacy in order to raise awareness of
programmes and rehabilitation methods the patriarchal underpinnings of violence
such as medical, physical, psychological, against women (Dignan, 2005, p. 56). It
sexual health, occupational, social (formal, has thus contributed to the government’s
informal support and social services), recognition of the need to reform law and
restorative justice and reintegration methods policy to better respond to rape victims’
essential for rehabilitating the victims of lived realities of both primary and secondary
rape. The new developments in the field victimisation.
of rehabilitation are also elaborated. The
The Women help line number 1091 has
article has tried to fill the gap by bringing
started functioning since 18th September,
together and discoursing on all the factors
2002 in Delhi Police Control Room round
in whole, which may rehabilitate and
the clock; this telephone number is in
reintegrate the victims of rape. India has
addition to the existing helpline number
recently made new changes in the rape law
100. The Women Police Mobile team is
in the light of unprecedented increase in the
equipped with address and telephone
rape incidents; giving rise to number of its
numbers of NGOs as well as Government
victims. It is necessary that such measures
agencies providing support services. The
be promulgated for the betterment of such
team provides necessary assistance required
victims.
by the women in distress, if needed, action
Victim Assistance is initiated on the complaint of women
in the form of criminal action, medical
Immediately after the crime of rape, the
examination and treatment, prevention
victim requires assistance be it in the form
action etc. These mobile teams also give
of medical, counseling, lodging of FIR (First
counseling to women victims on the spot
Information Report) at police-station etc.
and guide them about their legal rights.
Crisis Intervention Services (CIS) Any kind of help can be sought by women
Crisis Intervention Services constitute of victims from these mobile teams. Shelter
running telephone helplines, providing is also organized for the needy. (Crisis
counselling, accompanying rape victims Intervention Centers, 2012)
to police station, hospitals and court The Ministry of Women and Child
proceedings, should they wish to be Development (MWCD), has formulated a
accompanied, and running support groups Centrally Sponsored Scheme for setting
where victims may discuss their experiences up One Stop Centre (OSC), a sub - scheme
with each other. Crisis intervention services of Umbrella Scheme for National Mission

91
for Empowerment of women including of the victim’s life, such as her suicidal
Indira Gandhi Mattritav Sahyaog Yojana. thoughts or suicidal ideation so that it can
Popularly known as Sakhi, the scheme is be diminished and the ability to cope should
being implemented since 1st April 2015. be strengthened. At the basic level, suicide
These Centres are being established across treatment must include an assessment of
the country to provide integrated support both sociological and psychological risk
and assistance under one roof to women factors. As Frankish (1994) documents,
affected by violence, both in private and suicide counseling must include more than
public spaces in phased manner. OSC risk assessment. A good treatment program
will provide access to an integrated range must consider the seriousness of suicide
of services including emergency response gestures, diffuse the risk of suicide (by
and rescue services, medical assistance, decreasing both perturbation and lethality),
assistance to women in lodging FIR, legal encourage and develop social interaction,
aid and counselling, psycho-social support/ use an empathic communication style,
counselling, shelter and video conferencing where appropriate seek consultative
facility to women affected by violence, support and/or make appropriate referrals,
in private and public spaces, within the and if possible, make follow-up calls with
family, community and at the workplace. It past clients. Emotional support comprises
will also provide video conferencing facility listening and the provision of comfort and
through Skype, Google Conferencing etc. reassurance to victims.
to facilitate speedy and hassle free police
Emergency Transportation and Shelter
and court proceedings. Through this
facility if the victim wants, she can record The victim may require emergency
her statement for police/ courts from OSC transportation to go to hospital or police-
itself using audio-video electronic means station depending on her condition and may
as prescribed under sections 161(3), 164(1) even require shelter. The OSC will provide
and 275(1) of CrPC, 1974 and section 231(1) temporary shelter facility to aggrieved
in line with Order XVIII Rule 4 of CPC, women. For long term shelter requirements,
1909. This facility will be provided only arrangements will be made with Swadhar
after consultation among Superintendent Greh/Short Stay Homes (managed/affiliated
of Police, District and Sessions Judge of the with government/NGO). For this, linkages
concerned district (place of incident). will be developed with existing mechanisms
such as National Health Mission (NHM),
Counseling
108 service, police (PCR7 Van) so that the
Counseling is a provision of professional woman affected by violence can either be
assistance and guidance in resolving rescued from the location and referred to
personal or psychological problems. One the nearest medical facility (public/private)
method of counseling victims/survivors or shelter home with food and clothing.
is to discuss their injuries and to let them
Advocacy
express their pain and loss as a result of
rape. This allows them to ventilate their The victim will need information about
feelings and to understand that the victim’s/ legal rights and legal representation in the
survivor’s crisis is a shared crisis. They criminal justice system. The victim decides
should be encouraged to talk openly about whether or not to report the rape to the
their feelings without being critical. The police, they need sufficient information
counselor can intervene in the critical areas to make an informed decision. They need
Police Control Room

7

92
counseling, information about their cases, on victims, as it promotes working with
participation at various stages of the others to achieve shared goals and receive
criminal justice process, compensation etc. mutual recognition through teamwork.
These activities may help victims positively
Rehabilitating and Reintegrating Rape
reconnect with others and also contribute
Victims in India
towards healing.
Rehabilitation of Victims of Rape
Psychological Rehabilitation
Rehabilitation is the process of helping
First, trauma recovery is an ongoing process
victims achieve the highest level of
and “recovery is never complete” (Herman,
function, independence, and quality of life
1992). The trauma recovery process is neither
possible after the damage caused by disease
linear nor expected to reach the final stage,
or trauma resulting from rape. It does not
at which point survivors may claim full
reverse or undo the damage, but rather helps
recovery status. It is imperative that mental
restore the victim to health and normal life
health professionals and victims’ services
through training and therapy.
workers inquire about victims’ histories of
Medical Rehabilitation trauma and abuse to better respond to their
needs for recovery; given that the impact of
Medical Rehabilitation is concerned
trauma is cumulative (Follette et al., 1996).
with preventing, diagnosing, and treating
disabling diseases, disorders, and injuries A wide array of psychological or clinical
by physical means such as by the use of interventions have been developed to reduce
electrotherapy, therapeutic exercise, or the psychological costs of victimization,
pharmaceutical pain control. The victims including psychoeducation (e.g. dispelling
should be able to avail first aid or medical myths about victimization and trauma,
facilities free of cost from the government assisting victims with safety planning),
as well as private hospital. These hospitals distress reduction and affect-regulation
should be in the reach of victims. training (e.g., breathing techniques, trigger
awareness), cognitive interventions (e.g.
Physical Rehabilitation
victim empowerment, narrative coherence),
The rape victim may require physical emotional processing (e.g. exposure,
rehabilitation whose lifestyle has changed desensitization), and techniques to improve
because they have gone through a serious relational functioning (Briere and Scott,
illness, injury, surgery as a result of rape. 2006). The arts can have a significant
She may even undergo physiotherapy. positive impact on victims, especially
Physiotherapy is the treatment of disease, in building self-confidence, self-esteem
injury, or deformity by physical methods and social capital. The victim may better
such as massage, heat treatment, whirlpool address any psychological problem such as
baths, ultrasound, exercise and other depression, anger, anxiety etc. through the
techniques. It seeks to relieve pain, improve self-expression that the arts facilitate. The
strength and mobility, and train the victim arts and crafts, games, relaxation training,
to perform important everyday tasks. and animal-assisted therapy are newer
A newer form of therapy is the use of forms of recreational therapy to improve
recreational therapy, or therapeutic emotional well-being. ‘Hug Therapy’ has
recreation. The idea is that victims may been proven to treat conditions like stress,
become rehabilitated through interaction anxiety, depression and loneliness and
with others in recreation, such as sports. usually requires another willing participant.
Sports can have a significant positive impact The “Horse & Cow Experience” is a
pioneering new treatment being offered by
93
Mountain Horse Farm in updated New York for specific purposes—seeing a doctor,
in the US (Beresford, J., 2018). Being in close accessing rape crisis centre, victim
proximity to a cow reduces anger, anxiety, support and services organization,
frustration and depression and offers or other social services program or
their keepers emotional healing and thus community agency and dealing with the
improved mental health (Sudhadwivedi, justice system. Paid leave would also
2017). allow the victim to take care of things
and start the healing process.
Sexual Health and Rehabilitation
(d) Coping with the requirements of the
The vaginal steam therapy is used for the
job should be duly appreciated by the
victims of sexual violence and conducted
employer and help should be provided
by trained doctors. In vaginal steam therapy,
in every way possible.
steam along with some herbs is taken at
pelvic and genital region which helps Further support/services
improve the tone of pelvic muscle, cervical
1. Learning New Employability skills
secretion and relax vaginal and pelvic
suited to the mental condition of the
muscles. These in turn, improve the sexual
victim.
health of victims by improving their sexual
life, alleviating fear of intercourse, reducing 2. Emergency financial support would be
pain in pelvic or genital region and lessen provided to victims who are the sole
the difficulties of mensuration. The sexual breadwinner of their family.
well-being clinic is dedicated to the victims
3. Victims should be provided with interest
of sexual violence, where they can seek help
free loans in order to start small scale
in terms of their medical, psychological and
industries such as handicrafts, horticulture,
sexual health needs. The staff at this clinic
garments making, toys making, homemade
should be flexible enough to provide help
appliances, bee hiving, agriculture, food
as dictated by victims.
manufacturing, etc. The victims can set up
Occupational Rehabilitation their own “Start Up” company.
The Central Government should make 4. Victims may require mentoring for
it a mandatory for all private and public bringing positivity in life and sustaining
sectors to grant twenty paid days off, as their job. Such mentoring can be
well as better support in the workplace, in provided by Life coaches, social workers
all contracts for victims and survivors of or psychologists. Vocational therapy
sexual assault. may be helpful for victims to prepare
them to return to work.
The workplace support should include:
Social Rehabilitation
(a) The idea of having flexible work
arrangements, where the victim can Social rehabilitation would be achieved by
change hours of work so she will not providing both formal and informal support
be stalked or threatened by her abuser/ to victims.
rapist, who knows her start times and
Formal Support
stop times.
Formal support would be provided to
(b) If a workplace has multiple sites, the
victims by Criminal Justice functionaries in
ability to transfer to another site should
the form of legal aid/ advocacy, rendering
be granted to the victim who wishes to.
of other legal services such as use of
(c) The twenty paid days leave must be used employment protection laws, no contact

94
orders, victim/witness protection programs, Legal provisions for ensuring justice to
restitution or reimbursement of financial victims
costs resulting from the crime, and the
1. When the victim reports the rape case
protection of privacy and confidentiality
to police, the police should register the
can be availed.
case FIR immediately, and furnish a
copy of FIR, free of cost, to the victim.
FIR should be taken by women Police
Figure 5. Occupational Rehabilitation of Victims of Rape.
Tw wenty paid
d
days off &
fleexible work
arrangements
Menttoring & New

Vocational Employabilitty
erapy
the skills
Oc
ccupational
Re
ehabilitation
Interesst free Emergenccy

loans fo
or Start financial
Up Commpany supportt
Source: Author
A
Source: Author
Social Reehabilitation
n
Social reehabilitation n would be achieved by b providingg both form mal and infoormal suppoort to
victims.Sub-section (1) and (2) of Section 154 Information in cognizable cases, The Criminal Procedure Code, 1973.
8

Form
mal Supportt
Formal support
s wou
uld be providded to victim
ms by Criminal Justice functionariees in the forrm of
95
Officer or any woman officer.9 There is as far as possible be completed within a
also a provision for incurring the cost of period of two months from the date of
transport by Police.10 filing of the charge sheet.17
2. All hospitals, public or private shall 9. Copy of Judgement is also furnished
immediately, provide the first-aid or to victims upon the conviction of the
medical treatment, free of cost, to the offender.18
victims.11 10. If the offender threatens the victim with
3. The investigation in relation to rape of any injury to her person, reputation
a child may be completed within three or property, or her family, he is likely
months from the date on which the to be punished for causing criminal
information was recorded by the Officer intimidation.19
in charge of the Police Station.12 11. The compensation may be provided to
4. The Summon is served to notify the the victim, even when the offender is
victims of the hearing dates of the not traced or identified, but the victim
case.13 is identified, and where no trial takes
5. The victim would be provided with an place.20
advocate of her choice in case she wants 12. The compensation payable by the State
to engage the same to assist the State Government shall be in addition to
Prosecutors in trying her case.14 the payment of fine charged from the
6. The inquiry into and trial of rape shall convict to be given to the victim.21
be conducted in camera.15 13. If the offender captures the rape act with
7. Rape cases shall be tried as far as respect to an image, means to videotape,
practicable by a Court presided over by photograph, film or record by any means
a woman Judge.16 and publishes or transmits it, he shall
8. The inquiry or trial of rape offence shall be punished with imprisonment.22
9
Proviso to Sub-section (1) of Section 157 Procedure for investigation, The Criminal Procedure Code, 1973, and proviso
to Sub-section (1) of Section 154 Information in cognizable cases, The Criminal Procedure Code, 1973, The Criminal
Law (Amendment) Act, 2013 and New proviso to Sub-section (3) of Section 161 Examination of witnesses by police,
The Criminal Procedure Code, 1973, The Criminal Law Amendment Act, 2013.
10
Sub-section (2) of Section 160 Police Officer’s power to require attendance of witnesses, The Criminal Procedure
Code, 1973.
11
Section 357C Treatment of Victims, The Criminal Procedure Code, 1973, The Criminal Law Amendment Act, 2013.
12
Sub-section (1A) of Section 173 Report of police officer on completion of investigation, The Criminal Procedure Code,
1973.
13
Section 62 Summons how served, The Criminal Procedure Code, 1973.
14
Section 24(8) of The Criminal Procedure Code as amended by Section 3 of The Criminal Procedure Code (Amendment)
Act, 2009.
15
Sub-section (2) of Section 327 Court to be open, The Criminal Procedure Code, 1973.
16
Second Proviso to Sub-section (2) of Section 327 Court to be open, The Criminal Procedure Code, 1973.
17
Section 309 of The Criminal Procedure Code as amended by Section 21 of The Criminal Law (Amendment) Act,
2013.
18
Sub-section (4) of Section 353 Judgment, The Criminal Procedure Code, 1973.
19
Section 506 Punishment for criminal intimidation, The Indian Penal Code, 1860.
20
Section 357. Order to pay compensation and Section 357A Victim compensation Scheme, The Criminal Procedure
Code, 1973.
21
Section 357B Compensation to be in addition to fine under section 326A or section 376D of The Indian Penal Code,
The Criminal Procedure Code, 1973, The Criminal Law Amendment Act, 2013.
22
Section 66E Punishment for violation of privacy. (Inserted Vide ITA 2008), Section 67 Punishment for publishing or
transmitting obscene material in electronic form (Amended vide ITAA 2008), Section 67A Punishment for publishing
or transmitting of material containing sexually explicit act, etc. in electronic form (Inserted vide ITAA 2008), and
Section 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in
electronic form, The Information Technology Act, 2018.

96
Informal Support victims/ survivors, ensure social protection,
and promote favorable environment for
Informal social networks
healing. Crime prevention Council of India
Informal social supports provided by family, shall also organize meetings, seminars,
friends, and members of the community are workshop, conferences, etc., particularly
both commonplace and valuable to victims focusing on rape myths and negative
as they can provide immediate and long- attitude towards rape victims prevailing in
term assistance to victims, addressing both the society to spread awareness and to burst
practical and emotional needs (Davis, 2007). such myths surrounding rape phenomenon.
They should connect with professionals to Such programs should be conducted in the
enhance their efforts to support victims of community center every month.
crime (Davis, 2007). Such people should be
Modifying larger social services
kind, compassionate and caring for victims
to help them recover from the trauma. There has been increasing concern with
Family should provide moral, social, and providing community-based facilities
economic support to its member in the for treating victims and families but also
times of crisis. Positive communication with approaches to introducing adaptive
with family members would help the victim conditions in organizations, institutions,
reach the point of ‘catharsis’ which would and larger social systems.
ultimately lead to closure.
Social Services
Self Help groups
1. Holistic Sex Education should be given
NGOs may run such programs such as Self to the members of the society to teach
Help groups. Self Help groups may provide them how to treat women, behave with
emotional support to members, interaction them and respect them.
with role models; techniques deployed
2. Proper house should be provided to
for helping and understanding members’
victims and their family with all the
problems; impart important and relevant
basic amenities to ensure they live with
information about new ideas of coping, and
dignity.
enhance social companionship.
3. Educational support should be provided
Community mental health services
to encourage rape victims/survivors to
According to Denner (1974) qualified continue with education and complete
therapists must be available in the higher level of education.
community and the family must be willing
(a) Enable victims to access both formal
to participate in therapy, and the home
and non-formal education structures.
must provide a supportive environment
Formal education should be made
that reinforces and maintains the adjustive/
available to those victims who are still
accommodative behavior towards the victim.
within the school going age, while
Efforts should made to change the social
non-formal education such as distance
perception of rape and remove social taboo
learning should be made accessible to
surrounding it so that victims live in the
adults.
same neighbourhood with dignity not forced
to change their house or locate to some other (b) Victims should be imparted short term
place. Regular community meetings every courses free of cost with primary focus
fortnight or every month with community on asset and financial management skills
people, NGOs and Police should be held to to instill confidence in them so that they
accelerate community acceptance of rape can lead their life on their own.

97
Figure 6. Social Rehabilitation of Victims of Rape.
Social
Re
ehabilitatiion
Formal Sup
pport Infformal Supp
port Soccial Services
R
Registration of
o FIR Inform
mal Social Neetworks Holisticc Sex Education
Freee Medical Trreatment Seelf Help Grou
up Pro
oper House
Au
uxiliary Prossecution Com
mmunity Meental Educaational Suppo
ort
H
Health Services
In camera Trial
T Skiills Training
Modiffying Larger Social
Viictim Compeensation Services Marriage, when reaady
Source:Author
Source: A Author
(c) NGOsiveand
Restorati educational
Justice: Relatively a New appliccation forRestorative
institutions, ReehabilitatingJustice:
g Victims Relatively
in India a New
private and public, should provide application for Rehabilitating Victims in
India doees notsensitive
gender have RestorativemarketJustice driven
Systtem till now w. The identiified limits of
India o the adverssarial
trial to tr
reat victims of sex crime
vocational courses and training to es appropria ately and sec
cure convicti ions, as well l as high attrrition
rates and d low rates of prosecuti ion has giveen rise India
to th
he does not
possibilityy of have restorative
using r Restorative Justice
juustice
victims so that they acquire needed
(Hudson,, 1998, 2002 2; Daly, 20022, 2006; Currtis-Fawley and Daly, 20004). The Restorative
System till now. The R
identified Juustice
limits of the
skills and knowledge to support them
System can c work both in paralleel with as weell as indepe endent of trial
adversarial the Criminal J
Justice
to treat victims Syste
of sexem crimes
in
in the rehabilitation process and also in
India in meeting
m victtims’ restoraative needs annd fostering g a credible deterrence
appropriately d and secure off sexual viollence. as
convictions,
Thefinding
aimss ofsuitable jobs.
Restorattive Justice necessarily
n i
involve resto
oration, presattrition
sumably torates s and
some pre-exi isting
well as high low rates of
4. emotiona
Trainal/psycholog gical state
victims in skills suchby y repairing
as thhe harm suff
bricklaying, fered by victi
prosecution imsgiven
has (Braithw waite,
rise to 1999) .
the possibility
engineering works, industrial cleaning, of using restorative justice (Hudson, 1998,
A woodworking,
restoraative perspecctive of crim
making me sees it as the ground
garments, 2002;for Daly,
necessar ry dialogue
2002, 2006;between vicctims, and
Curtis-Fawley
offenders s and the co
ommunity,
painting and interior decorating etc.a
arising from unresolved conflict, soo that its passt
Daly, 2004). The Restorative Justice effects maaySystem
be
addressedd (Elton and a Roybal,, 2003, p.550). Greater r victim p articipation, more
can work both in parallel with as well as offeender
5. accounta
Victimsability and abe
should larger deggreeonly
married of comm
whenmunity prottection are the t aims Reestorative Juustice
independent of the Criminal Justice System
professes
she is s tomentally,
achievee which is nearly
n
psychologically impos ssible withinn the traditional criminaal justice syystem
and
(Shenk, 2
2001/2002,
in and
India in meeting manating victims’from restorative
physically readyp.190-1). It addresses
cause marriage o
obligations
is not a responsiibilities, em m the
harms ass a result of crime
c comm needs and fostering a credible
mitted againsst victims annd communitties; emphassizes the neeeds of deterrence
rehabilitation.
of sexual violence. The aims of Restorative
Justice necessarily involve restoration,
presumably to some pre-existing emotional/

98
psychological state by repairing the harm harms as a result of crime committed against
suffered by victims (Braithwaite, 1999). victims and communities; emphasizes the
needs of victims, including participation
A restorative perspective of crime sees it as
and empowerment (Zehr, 2002). Restorative
the ground for necessary dialogue between
Justice holds onto the idea that the ‘victims’
victims, offenders and the community, arising
needs should be the starting point of
from unresolved conflict, so that its past
justice’ as it professes to be victim-centred.
effects may be addressed (Elton and Roybal,
(Williams, 2005, p.58).
2003, p.50). Greater victim participation,
more offender accountability and a larger Proponents of the encounter conception
degree of com¬munity protection are the (face-to-face meeting between victim
aims Restorative Justice professes to achieve and offender) argue that, in order to be
which is nearly impossible within the restorative, the process must embody
traditional criminal justice system (Shenk, certain key values, such as ‘consensual
2001/2002, p.190-1). It addresses obligations participation’ by the victim, offender and
and responsibilities, emanating from the community representative, respectful
Figure 7. Restorative Justice: A New application for Rehabilitating Victims of Rape.
Saafety and
S
Security
Apology
Mean ningful
and
respoonse to
Offender
Justiice and
Accountab
bil
Repa aration
ity
Re
estorative
Justice
Validaation Rehabilittati
an
nd on of Victtim
Vindiccation and
for Vicctims Offendeer
Source: Author
Source: Author
A
Reinteggration of Victims of
o Rape
99
dialogue, the balancing of the parties’ of justice for victims. Measures such as
interests and the principle of voluntariness restitution, community service, victim
(Dignan, 2002, p.172). The victims get the support, victim compensation and offender
opportunity to express their emotions, rehabilitation programmes are therefore
convey the psychological impact of regarded as restorative (Van Ness and Nolan,
victimization, and begin to heal from the 1998, p.54).
emotional and psychological impact of
Reintegration of Victims of Rape
victimization through restorative justice
processes (Arrigo and Williams, 2003). The Reintegration is the action or process of
victim-survivor may be able to construct the integrating victim back into society.
narrative of her violent experiences of rape
Sustainable Social Reintegration
into her life story, in turn feeling her with a
sense of whole-ness, and of a life before and Mentoring Scheme
after the assault (Brison, 2003, p.54). It can A form of reintegration is mentoring schemes
Theher
also help victito
im gain
needscontrol
a proper
p house
over inintrusions
good locaality and shoould be able to stay com mfortably for long,
and not forced to frequently
fr
aiming at sustainable social reintegration.
of harmful memories (Brison, ch hange it.
2003, Suuch a housee will also play
p.54). There
p
remains
an insttrumental roole in
a need to provide further
providingg stability to o victims.
The victim needs acknowledgement from counselling sessions with a social worker
her community
Sustainabbleof care od
Livelihoo for the harm she has or counselor to ensure a healthy state of
suffered, to suffer with
The varioous developm
her, anda to lament
mental and anti-poverty schemesvictim.
meeant for the general popuulation shouuld be
with hermadetheavaevil
ailablethat
to theehas been
victims, done.
booth The
in the reh
habilitation and
a reintegraation phase.
offenders are required to acknowledge Education and Training
Socialthey
the harms Reeintegration
caused n in order to make
Private and Government organizations
the victim feel
Meaningf vindicated
gful Interpers andonships
sonal Relatio also hear should also work together to develop
shaming messages about these behaviors partnership
When thhe victim is treated withh dignity annd respect b the familyy,with
by public
she will and private
feel valued.. The sector
form anemphasis
eminent s is part
on im of restorative
mproving justice
communicatio employers
ns, interact rin order s to
tions, and relationships amongprovide
faamily training/
proceedings
memberss(Braithwaite
and fosterin andsystem
ng a family s Mugford,
that better
b meets the needswork
facilitate of its victimizzed member
placement as. part of the
1994). In short, restorative dialogue matters reintegration process for victims. Due
becauseHealthy
it brings E
Environmen
about ttruth-telling and, as care should be taken to give ample choice
such, enhances
It’s impoortantthetolikelihood
invo of recognition
olve the fami ilies of victimms and the
to community
c victims by b soenhancing
thatg their awareeness
rehabilitation and
about rappe in general
for victimization andl and the
theim
mpact of rapee on the individual victim
offender’s m in order too foster a heealthy
environm ment for in
theturn
victim.
v reintegration becomes a holistic process.
responsibility. This delivers a sense
Figure 8.
8 Reintegratiion of Victim
ms of Rape.
Figure 8. Reintegration of Victims of Rape.
Reintegration
Sustainable
Social
Sociaal
Reintegratio
on
Reintegra
ation
Meaninggful
Mentoring Educattion and Proper Sustainable Healthy
Interpers
sonal
schemes Tra
aining Housing Liv
velihood Environment
E
Relations
ships
Source: Author
INDIANSource:
JOURNALA OF CRIMINOLOGY - Volume 46 & 47 2018-2019
Author
100
Proper Housing tailored to the needs of victims in light
of their mental, physical, psychological
The victim needs a proper house in
and environmental condition as much as
good locality and should be able to stay
possible. The factors such as the victim’s
comfortably for long, and not forced to
age, gender, race, ethnicity, and ability of
frequently change it. Such a house will
the victims should be taken into account by
also play an instrumental role in providing
the victim’s services and interventions to
stability to victims.
better respond to their needs for recovery
Sustainable Livelihood (Whitcomb, 2003) and also about victims’
histories of trauma and abuse. The latest
The various developmental and anti-poverty
development in the treatment programmes
schemes meant for the general population
and cure methods should also be included
should be made available to the victims,
as a part of regular procedures for healing
both in the rehabilitation and reintegration
the victims.
phase.
The research should be conducted on the
Social Reintegration
new trends of committing rape for making
Meaningful Interpersonal Relationships rape videos, or harassing the victims even
When the victim is treated with dignity after rape through their rape videos, and to
and respect by the family, she will feel find out innovative and practical solutions
valued. The emphasis is on improving for preventing and eliminating such
communications, interactions, and crimes from the society. The Government
relationships among family members and can persuade the Service providers like
fostering a family system that better meets Whatsapp and YouTube to agree to be more
the needs of its victimized member. vigilant towards suspicious pornographic
videos/rape videos and such videos if
Healthy Environment detected must be sent to law enforcement
It’s important to involve the families of agencies rather than to “Adult Content”
victims and the community by enhancing folders. Such apps should be developed
their awareness about rape in general and that give information on the organizations
the impact of rape on the individual victim providing services to victims, laws
in order to foster a healthy environment for concerning victims and witnesses, and on
the victim. victim assistance programs in India.
Conclusion The victims’ participation in the criminal

justice process must be supported to ensure
The victims of rape require support and that they are empowered as a result of their
assistance throughout to make their road participation; their needs should be the
to recovery smooth. The sensitivity, care starting point of justice (Herman, 2003). It
and restoration provided by the formal and should be seen that the victim’s needs for
informal support should cover all victims physical and psychological safety are being
cutting across areas such as urban and rural, adequately met over the necessary course of
caste, ethnicity, class, family background time during which the rape crime is being
etc. The policies and practices designed processed. The safety and security concerns
to respond appropriately to individual for the family of the victim should also
victims’ unique situations and needs must be prioritized. To measure the success of
be flexible and design solutions based on existing psychological, medical, and legal
the needs of the victims. The rehabilitation interventions for victims of crime, there
and reintegration programmes should be should be proper research conducted from
101
time to time and to suggest reforms and 5. Dyspareunia is difficult or painful
alternatives that promise better outcomes for sexual intercourse.
victims. The Government, Criminal Justice
6. A charge sheet is a document drafted by
System (CJS), Social Welfare Agencies,
the police and submitted in a judicial
NGOs and common people are ought to
court, listing out the various laws
work together through their concerted
violated by the accused and how the
efforts to prevent and control rape and build
violation was detected. A charge sheet is
a judicious atmosphere for the victims.
prepared at the end of the investigation.
Notes After the completion of investigation,
the Police file a charge-sheet in the Court
1. Enuresis is bed wetting.
of Law along with medical examination
2. Incontinence is lack of voluntary control report (Section 173 Report of police
over urination or defecation. officer on completion of investigation,
CrPC, 1973).
3. Vaginal fistula is a medical condition
usually the result of poor childbirth 7. Vocational therapy is geared towards
care, and involves the walls between the preparing individuals to return to work
vagina, bladder and anus or rectum. after an injury, illness, or medical event,
also helps in building skills for going to
4. Sexual dysfunction (or sexual
school or working at a job.
malfunction or sexual disorder) is
the inability to fully enjoy sexual 8. Role models are individuals who
intercourse. Sexual dysfunction occurs have faced and conquered the same
when you have a problem that prevents problems.
you from wanting or enjoying sexual
9. In camera describes court cases, parts
activity. It can take a heavy psychological
of it, or process where the public and
toll, bringing on depression, anxiety,
press are not allowed to observe the
and debilitating feelings of inadequacy.
court procedure.

102
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106
Incarcerated Motherhood under the Purview of Policies,

Prison Reforms and Reintegration
Pearly Paul* and Intezar Khan**
ABSTRACT
Prison Statistics of India has been revealing growing trends of incarcerated female population
year after year. Migration, extramarital relationship, financial struggles, domestic violence,
poor family background are some of the crucial factors that lead to the imprisonment of females
in India.On the other side, an increasingnumber of children who accompany the mothers to
prison every year indicating an alarming trend. Despite the fact of the overcrowded prison
population, most of the Indian prisons are not occupied with adequate facilities essential
to cater to the needs of the children who are under six years of age. If this is the case of
children who are counted with their mothers during mother’s incarceration period as per the
government record, many other children live in the community impeded to accompany their
mothers to prison due to socio-legal constrains. Such a group of children living as an invisible
vulnerable population in the society. They are at high risk to indulge in crime and abuse.
The study analysis the welfare issues of incarcerated mothers and their children within the
framework of policies, prison reforms and reintegration process during post-incarceration.
Introduction However the combined data of Prison

statistics of both convicts and undertrial
Correctional system inIndia is at its
women prisoners’ nature of crime disclosing
transformational stage have been
that, 37% of the female criminality come
influenced by the national and international
under the category of murder followed
policies, committees, working groups and
by 15% under dowry deaths( Ministry of
implemental level approach of government
Women and Child Development, June 2018).
departments, civil society agencies, non-
The available statistics didn’t mention any
governmental organisations and legal system
further classifications under the nature of
since the 1980s. Though the percentage
the crime, however, it was observed that
of imprisoned women is less than men
most of the women in prison for murder
in Indian prisons, the increasing trend of
mostly under the category of mariticide
crime amongst them isdistressing. A study
that is killing of her husband. “Attempts to
conducted by the Ministry of Women and
murder, drug peddling,thefts, kidnapping
Child Department (2016) revealing the
and abduction, cruelty by the husband or
statistical trends of women imprisonment
relatives of husband” (Ministry of Women
based on the data developed from Prison
and Child Development, June 2018) are
Statistics that is 3.3% in 2000 reached to
some other leading causative factors for
4.3% in 2015. Changes in the concept of
women imprisonment.
social life and familial pattern are some of
the major reasons that leading to the number A Global View on Incarceration and Motherhood
of women prisoners in Indian prisons.
Women imprisonment and its related social
There are not many studies available about
cost, family consequences are globally
the women prisoners in the Indiancontext.
recognised topic subjected to many research
*PhD Scholar, Department of Social Work, Jamia Millia Islamia (A Central University), New Delhi-110025
**Associate Professor, Department of Social Work, Jamia Millia Islamia (A Central University), New Delhi-110025

107
studies and subsequent findings. However, 7. The Convention on the Elimination
reformation and rehabilitation process of of All Forms of Discrimination against
this particular session of the society needs Women, adopted by the UN General
more attention. Assembly, is often described as an
international bill of rights for women
Studies showing that rather than
(1979).
psychological factors, economic and
socio-cultural factors such as poverty 8. Code of conduct for Law Enforcement
and uncongenial family atmosphere Officers(1979).
contribute to the phenomenon of female
9. Safeguard guaranteeing Protection of
criminalitymajorly. Illiteracy, lack of legal
the Rights of those facing the Death
knowledge to protect themselves from abuse
Penalty(1984).
and exploitation, financial deprivation and
insecure family atmosphere are adding the 10. The Milan Plan of Action (1985).
risk of female criminality globally.While
11. Guiding principles for crime preventions
increasing the trends of female criminality,
and criminal justice in the context of
concerns towards their children’s welfare
Development and New economic order
matters hardly receive any focus in policies
(1985).
and prison reform initiatives.
12. Model agreement on the Transfer of
In the human rights-based approach the
foreign prisoners and recommendations
main concerns of women prisoners are in
on the treatment of Foreign Prisoners
the areas of poverty, human dignity, health
(1985).
needs, and feminine appropriateness of
prisons for catering the needs of woman 13. Standard Minimum Rules for the
and child caring. administration of Juvenile Justice
(1985).
Endeavouringhuman rights-based prison
reformation practices in prisons many 14. The Body of Principles by UN for the
national and international conventions were Protection of All Persons under any Form
organised and policies emerged globally. of Detention or Imprisonment(1988).
While considering the women prisoners and 15. The Convention on the Rights of the
their children’s issues a few amongst them Child(1989).
embraced the comprehensive significance
thus mentioned below: - 16. The Basic Principles for the Treatment
of Prisoners (UN 1990).
1. Universal Declaration of Human Rights
(1948). 17. Standard Minimum Rules for Non-
custodial measures (1990).
2. Third Geneva Convention (1949).
18. Model treaty extradition (1990).
3. The United Nations Standard Minimum
Rules for the Treatment of Prisoners 19. UN Declaration on the Elimination of
(1955). Violence against Women (1993).
4. Amnesty International Rules for the 20. Beijing convention Sep (1995).
treatment of prisoners (1955). 21. European convention for the prevention
5. International Covenant on Civil and of Torture and Inhuman or Degrading
Political Rights (1976). Treatment or Punishment (2002).
6. International Covenant on Economic, 22. Prison Rape Elimination Act (2003).
Social and Cultural Rights (1976).
108
23. The European Prison Rules (2006). • Recommends changes in the social
environment asan influencing factor
24. The Optional Protocol to the Convention
contributing towards increasing female
against Torture (2006).
criminality.
25. Convention on the Rights of Persons
• Endorsing gender specific requirements
with Disabilities (2007).
such as women prisoners should be
26. The European Parliament resolution treated through by women officials only
on the particular situation of women andseparate institutions / an entirely
in prison and the impact of the separate area of the premises for male
imprisonment of parents on social and and female prisoners.
family life (2008).
• Special attention for pre and postnatal
27. Kyiv Declaration on Women’s Health in care of women prisoners with
Prison (2008). appropriate dietary requirements.
28. Bangkok Rules on Women Offenders • Raising concern about the increasing
(2010). trends of inhuman way of treating of
women prisoners.
The above-mentioned policies and
conventions mainly targeted for promoting • Protecting women from all form of
the welfare of prisoners in generalsubsuming sexual abuse inside the prison by a
imprisoned women and children. The areas prisoner or correctional officer.
given special emphasis in the reformative
• Upholding the rights of women prisoners
and rehabilitation aspects of women
with a humanitarian nature of treatment
prisoners by these policies and programme
and assuring their rights for life, health,
include:-
justice and dignity.
• Pre and post-release reintegration
• Proclaiming the need and importance
programs of women prisoners. .
of a minimum standard of treatment
• Raising awareness on catering the for women prisoners despite the fact
women prisoners’ gender specific of nature of crime, caste, religion, race
requirements rather than treating them they belong to; also beyond any other
equal with men prisoners. kind of discrimination practices.
• Insists the state governments fortaking • Expression of concerns over serious
appropriate intervention strategies with health hazards such as HIV, TB, Malaria
efficient preventive measures against the and other communicable and non-
causative factors of female criminality. communicable diseases prevalent
amongst women prisoners.
• For securing social, health, educational
and justice policies. • The recently adopted UN Rules for the
Treatment of Women Prisoners and
• Bangkok Rules is the one of its kind
Non-custodial Measures for Women
for supporting the needs of children
Offenders—also known as the Bangkok
with their mothers inside prison.
Rules (2010) — explicitly states:
With an empathetic approach towards
“Instruments of restraint shall never be
the requirement of facilitating the
used on women during labour, during
rehabilitation and reintegration process
birth and immediately after birth.”
of former women prisoners it endorses
By this advocating women prisoners
gender defined requirements of them as
rights for a fair treatment free from
well.
109
body restraints and shackles during Historical Footprints in India: Women
gynaecological process and birth. and children under the Criminal Justice
System, Policies & Practices
• The Convention on the Elimination
of All Forms of Discrimination against Criminal Justice Systemof India can be
Women (1979)is a call for accessing viewed as through (i) Ancient, (ii) Medieval
equality in the political and public life (iii) British period (iv) Post Independence
of women irrespective of any influence evolution and establishments.
of external factors. While sustaining the
i) Ancient period
reproductive rights of women it assures
their other forms of rights for acquiring, “Manu Smriti. Kautilya’s Arthasastra,
change and retains the nationality of Mimamasa (the art of interpretation) and
themselves and their children. the Nibadhas (commentaries and digest)
are some of the authoritative sources of law
• The Convention on the Rights of the
existing in the ancient period.Kautilya’s
Child (1989)is unique in its kind as no
Arthasastra played a considerably
other convention or policies exclusively
important role in defining crimes by women
exists for all age group of children at
prescribing controlling measures for such
any circumstances including children
crimes” (Suvarna Cherukuri, 2008).
of incarcerated parents. It affirms
children’s rights on four key areas: the In the ancient period women’s mobility and
right of children to survival; to develop independence were controlled largely by
to their fullest potential; to protection the society and used to depict her as idol of
from abuse, neglect and exploitation; subjugation, tolerance, care and love. Even
and to participate in family, cultural in that periodprisons were subjected for
and social life. male and female prisoners. Though the ratio
of female criminality was less during the
• The Optional Protocol to the Convention
ancient time, if ithappens then considered
against Torture (2006) emphasizes the
not only the violation of criminal code but
importance of a systematic approach for
also the violation of social norms as well
promoting welfare measures for treating
(Sukla Das, 1977).
prisoners.
“The general rule that lesser punishment
• UN Standard Minimum Rules for the
is to be inflicted on women is stated by
Treatment of Prisoners (1955) explains
Katyayana.Katyayana stated that in cases
the mode of attaining standard practice
of all offences women were to suffer
with prison inmates. By giving clarity
half of the fine in money which were
to the concept “Standard Minimum
prescribed for male offenders, and when
Rules” in the form of fulfilling basic
capital punishment was inflicted on a
personal and hygiene requirements
male, amputation of a limb would be the
such as food, clothing, bedding etc. of
corresponding punishment for a female. For
the prison inmates it emphasis the need
murder, however, female criminals were
of separate provisions for mentally
equally severely punished” (Sukla Das,
and physically ill prisoners during
1977).
their imprisonment tenure. One of the
significant suggestions put forwarded Asoka’s time period can be considered as the
by this rule was a provision of separate reformative way of approach for punishing
living arrangements for men and women the prisoners. As a ruler of giving utmost
during their imprisonment tenure. importance to the people and state’s welfare
matters, he exercised a balanced spiritual

110
and secular treatment for correction and discipline (Bureau of Police Research &
reformation of the prisoners. This marked Development, 2007).
an improved condition of the prisoners
In the subsequent years “The Prison
(Berendra Nath, 1979).
Discipline Committee (1838),the Prison Act
Available literatures explain less about (1870), The Prison Act (1894),All India Jail
the details of women prisoners and the Committee (1919-1920),The Government
correctional system and approach towards of India Act (1919),The Government of
their reformation and welfare matters during India Act (1935),Mysore Committee on
ancient period. Also there is a visible gap prison reforms (1940-41), the U.P.Jail
of concern by the rulers and institutions in Reform Committee (1946), the Bombay
the society towards this subject group, their Jail Reform Committee (1946-48),Bombay
reformation and reintegration process. Probation of Offenders Act (1936), the C.P.
and Berar Conditional Release of Prisoners
ii) Medieval Mughal period
Act (1936) and U.P offenders Probation
“In the Mughal period, a combination of Act (1938)”(Bureau of Police Research &
India and extra- Indian element was applied Development, 2007)became the integral
in the criminal justice system”(Jadunath phases in the transformation process of
Sarkar, 1952). prison administration, reformation and
rehabilitation during British period
The literature hardly mentions anything
specific about female criminality and mode (iv) Post Independence – Prison Reforms
of punishment of the era. However “Muslim
Over the years India’s correctional system
criminal law broadly classified the crimes
has been influenced international policies
under three heads: (i) Crimes against God
and practices to reach into a humanitarian
(ii) Crimes against Sovereign (iii) Crimes
way of treatment of the prisoners through
against Individuals”(Jadunath Sarkar,
the concept reformation in contrary of
1952). Though imprisonment was a part of
the terrible inhumane punishments and
correctional system in the Mughal period,
conditions were prevalent in Indian
infinite time period had been taken for
prisons. Further, it took many decades to
processing trial and judgementleftno hope
get the attention of the welfare issues of
to the prisoners.
the imprisoned women and their children,
(iii) British period inadequate even in the current policies and
implementation process.
In 1784 the British Parliament authorized
the East India Company to rule India. At The constitution of India 1950 retained the
this time Jails were an expansion of Mughal position of the Govt. of India Act 1935 in
rule. These Jails were handled by the staff the matter of prisons; accordingly, state
of East India Company (J.G. Roy, 1989). governments took initiatives for Jail Reforms
by appointing Jail Reform Committees
The Modern India prison reforms have its
to achieve humanitarian and scientific
long history starting from Lord Macaulay’s
interventions in the reformation process of
recommendations to appoint a committee to
prisoners.
suggest measures to improve discipline in
the prisons. As a result in 1836 “The Prison Government of India invited Dr.W.C.
Discipline committee” was constituted by Reckless, a U.N. Expert on correctional
Lord William Bantick. Instead of suggesting work during the year 1951-52 to study
humanitarian measures for improving prison administration in the country. His
discipline, the committee recommended report titled “Jail Administration in India”
more rigorous punishments for achieving appealed changing jails into reformation
111
centres. This appeal was also supported by need to have a national policy. The committee
the 8th conference of the Inspector General also paid attention to the welfare of women
of prison (1952). offenders suggested women offenders shall,
as far as possible, be confined in separate
Dr.W.C. Reckless report and the 8th
institutions specially meant for them.
conference of the Inspector General of
Otherwise separate annexes for them. They
prison leads to the appointment of All India
commented on children of prisoners such
Jail Manual Committee in 1957. The All
as children less than eighteen years of age
India Jail Manual Committee made a strong
shall in no case be sent to prisons.
appeal to prepare a uniform policy for the
prison system and it presented The model After Mrs Elizabeth Fry’s efforts for female
prison manualin 1960 for implementation. prisoners in 1817, a big gap happened for
Based on its guidance, the present Indian a reformative thought and welfare plans
Prison Management is administered. In related with the women prisoners in depth
continuation of this Central Bureau of until theformation of National Expert
Correctional Services was set up under Committee on Women prisoners under
Ministry of Home Affairs in 1961 for the chairmanship ofJustice V.R.Krishna
formulating uniform policies in support to Iyer in 1986. The Krishna Iyer Committee
the state governments on the latest methods submitted its report in 1987 about the
to jail administration, probation, after- situation of women prisoners in India. The
care, juvenile, remand homes, borstals etc. committee suggested many reformative
(Bureau of Police Research & Development, programmes for incarcerated women and
2007). their children.
In 1972 a Working Group on Prisons The formation of All India Group of Prison
appointed by Ministry of Home Affairs raised Administration Security and Discipline
the need for a National Policy on prisons. in 1986 under the chairmanship of Shri
Seventh Finance Commission (1978) based R.K.Kapoor as well as establishment of
on the study reports received from the Bureau of Police Research and Development
Ministry of Home Affairs and the Dept. (BPR&D) - a nodal agency at the national
of Social Welfare evaluated the progress level are also counted as key achievements
of physical environment in the prisons so far under the reformation initiatives of
and recognized the need of emphasizing the Govt. of India.
improving the conditions in prisons.
In the 21st century, the Supreme Court
Followed by the conference of Chief of India has protected and nurtured the
Secretaries of all the states and Union Prisoner’s rights jurisprudence through a
Territories on 9thApril 1979 Govt. of India sequence of the ruling. Some of the relevant
urged the state governments for improving case laws became the turning points for
the prison management system. To create influencing the prison reforms mentioned
separate facilities for the care, treatment in the Model Prison Manual (2016) are:-
and rehabilitation of women offenders was
a) In Sunil Batra Vs. Delhi Administration
one amongst them.
and others (1978), Justice V.R.Krishana
In 1980 Govt.of India has constituted an All Iyer reiterates the rights of prisoners
India Committee on Jail Reforms under the under enforceable liberties.
chairmanship of Mr Justice A.N.Mulla. The
b) In pursuance to the directions given by
committeestudied the problem of prison
the Honourable Supreme Court in a case
reform in-depth and submitted their report
of Ramamurthy Vs State of Karnataka,
in 1983 suggested that there is an immediate
1996 All India Model Prison Manual
112
Committee constituted in November been constituted from time to time both by
2000. They prepared a Model Prison the state government and the government
Manual in 2003 for the superintendence of India to improve the prison conditions
and management of prisons in India to and to protect the rights of women
maintain uniformity in the working of prisoners.Again the Parliament Committee
prisons throughout the country. Govt. of on Empowerment of Women, 2001-
India accepted this in January 2004. 2002,headed by Smt. Marget Alva took up the
subject “Women in Custody” for a detailed
In 2014 Ministry of Home Affairs had
examination of the conditions of women
constituted an expert committee to
in detention found that women in prison
evaluate the developments accordingly
suffering from overcrowding, lack of health,
revise and update the Model Prison
hygiene and nutritious food”(Retrieved
Manual in 2003. As a result Model
from wbcorrectionalservices.gov.in/pdf/
Prison Manual 2016 published and
empowerment-of-women.pdf).
it emphasizes women prisoners and
aftercare services. As we see not many historical moves
happened especially for protecting the
c) In R.D.Upadhyaya Vs. state of A.P and
interest and rights of imprisoned mothers
others, AIR 2006, the Supreme Court
and their children over the years, this
issued guidelines to protect the interest
particular population requires a serious
of women and children inside prisons.
concern and support from the civil society
The right to get information and the role of organisations, Government and Non
NGOs have proven decisive in prison reforms Government organisations for improving
in India.Dr Kiran Bedi headed prison reform their psychosocial well-being, skills,
revolutionin Tihar Central Jail during her values, knowledge during imprisonment
tenure as an Inspector General of Prison were thus leading a crime-free life for protecting
another milestone in the history of prisons the best interest of their children and family
in India opened for various discussions during post-incarceration period.
and welfare initiatives with the community
Reintegration: Post – Incarceration Lives of
partnership. One of the key achievements
Mothers
under her initiatives was set up crèche for
the children of imprisoned mothers and Female criminality an overview
arrangements for the school-aged children
Exploring female criminality connected
of incarcerated parents. Dr.Bedi’s initiatives
with welfare policies and prison reform
for prison reforms captured worldwide
initiatives throwing the light to theroot
attention and have been replicated in
cause of female criminality and associated
several state prisons in the country. She
factors within the socio-cultural limitations
has encouraged the participation of Civil
of a developing country like India. As per
Society Organisations, Non-Governmental
the studies, biological factors play less
Organisations, educational and welfare
than the social factors in case of female
organisations’ active involvement in the
criminality. Compare to the ratio of male
prison reformation policies and programme.
criminality, female criminality is very less
She has conferred the Ramon Magsaysay
globally including India. The causative
award for her astonishing reformation
factors contributing towards the women
activities inside the prison for men, women
offenders include poverty, the uncongenial
and children.
atmosphere at home,discrimination in
“The parliamentary committee on the education and employment, gender-based
empowerment of women (2001-2002) has violence, unsatisfactory social relationship,

113
and drug and alcohol addiction.Unstable replications due to fathers’ incarceration is
family life, truancy, low education comparatively less than the impact due to
background, poor survival skills, less mother’s incarceration. Naturally, women
analytical skills in dealing with problems, are inclined towards the childcare and
poor legal awareness are also influential observe the primary caretaker of the children
factors for increasing female crimes in India. in the institution of “family”. Studies
With socio-cultural factors, environment revealed that mother-child separation is the
and economic factors also play a vital role most haunting experience for both mothers
in the phenomenon of female crime.Many and children, thus by the imprisonment of
research evidence showing the fact that a mother, the children of her would be the
for most types of crimes,offences occur direct victim.
disproportionally in lower-class areas.
While paternal incarceration directly
Women have a unique position in affects the financial requirements of the
Indian culture. She considered being the family, maternal incarceration distracts the
foundation stone of a family according family relationships. The chances of broken
to the Indian context. However, she was families due to paternal incarceration
treated as vulnerable in the male-dominated are less than in the case of the mother’s
patriarchal society (Lakshmi Devi, 1977). incarceration. For the long-run financial
The detainment of her creates instability in issues could be a manageable solution for
family life and broken relationships. the mothers with the help of family as there
are fewer chances of seclusion due to the
If earlier female criminality was a low
father’s incarceration. On the other hand,
incidence, prison statistics India showing
the acceptance of incarcerated mothers by
an increasing trend of the same in every
their husband and families is very rare until
year. This could be a greater challenge to
and unless the husband is also somewhat
any developing societies where women
responsible for her detainment.
play an important role for taking care of
the children and contributing for nurturing The incarcerated mothers usually subject
them to live as socially responsible to various emotional deprivations during
citizens, even they are contributing for the the period not only because of the lack of
behavioural formation of their children familial support but also with the thoughts
as well. Possibilities of disruptions in the of the future of their children both inside and
institution of family are highly associated outside prisons. Re-marriage / extramarital
with female imprisonmentthan male relationships of husbands, stigma in the
imprisonment. Women imprisonment community and lack of familial support are
became more impactful than from men generally making the life of incarcerated
due to the primary role of women in the mothers physically and emotionally
family to take care of the children. As a vulnerable. But all these possibilities are
natural caretaker, the loss of mother will be very less in case of incarcerated fathers.
more stressful for the children than by the More intended studies are required to
imprisonment of the father. understand the variance of the impact of
the incarceration of mothers and fathers.
Differences in maternal and paternal
incarceration Incarceration is already a punishment but
for the mothers who have to leave their
There are differences in the impact on
children in the community due to their
children due to maternal and paternal
incarceration is further an acute level
incarceration. In the patriarchal dominant
of punishment. Prison statistics hardly
society like India, the degree of negative
show any information about the children
114
of incarcerated mothers either at the time The degree of negative impact is high in
of their arrest or during incarceration. the case of incarceration of mothers than
However, statistics with the children who incarceration of fathers. Imprisonment
accompany the mothers to Jail is available. of mothers associated with many socio –
According to the Prison Statistics India psycho problems on children such as a sense
2016, there is an increment of 2% children of of loss, as a result, emotional adjustment
convicts and 7.55% children of undertrials issues, lack of a responsible attachment
women inmates compare with 2015 prison figure leads to lack of sense of security
statistics.Further concerns are accumulating necessary for a positive development of
towards forming policies and programme the children. (John Bowlby’s,1960, 1973,
for children who stay with mothers’ inside 1988).
the prison, less attention redeems for those
The loss of primary care taker’s figure in a
who live in the community. Even a legal
child’s life may lead to many kinds of socio
system or policies for enhancing the well-
– psycho disabilities, “among the most
being of the abandoned children of prison
commonly cited effects are loss of parental
inmates especially for children who left
socialization through role modelling,
in the community are not in place. This
support and supervision; feeling of
makes the works of child welfare institutes
abandonment, loneliness, shame and guilt,
challenging.
sadness, anger and resentment; eating and
Despite the fact of extremely deprived sleeping disorders; diminished academic
conditions of children who left in the performance, and disruptive behaviours at
community, there is no statistical evidence home or at school” (Gabel, 1992; Gaudin &
for planning and organising intervention Sutphen, 1993).
programme for the children of imprisoned
The relevance of the subject
mothers. Except for the support programme
of Delhi and Haryana governments for the In India imprisoned female population as
children of incarcerated parents introduced per the prison statistics, 2016 is 18,498 and
in 2015, none of the intervention programmes out of these 1649 women, prisoners were
came in light so far for protecting the welfare imprisoned with 1942 children as on 31st
and interest of the children of inmates Dec 2016. This is about 4.27% as compared
especially children suffering from maternal to the male population which is 95.72 %
incarceration. (Prison Statistics by National Crime Records
Bureau, 2016).
Impact of mother’s incarceration on
children The Model Prison Manual (2016) gives more
emphasis to the prison reform programme
By imprisonment, parenthood became a
and the role of correctional administration
subject of major criticism, especially for
than any previous attempts of prison
mothers. “If the incarcerated individuals
reforms. However, management of the
are mothers, they are implicitly viewed as
confined population in prison population
irresponsible caregivers, just like abusive or
and channelization of their stagnant
neglectful parents. Their children, in turn,
energies to the productive one needs to be
are denied the attention and support that
addressed scientifically.
children usually receive when separated
from their parents for other reasons, Supreme Court order in 2006 (R D Upadhyay
such as death or divorce”(Park&Clarke- Vs State of A.P & Ors) entitled imprisoned
Stewart,2004). mothers to keep their children below 6years

115
with them during incarceration. However, especially on parenting care responsibilities
clarity about the aftercare service of both and social security issues, a mini-research
imprisoned mothers and their children study was conducted with thirty-two
remained vague. mothers in Delhi-NCR region. Mothers
who were part of the study were separated
Like mental illness, imprisonment creates
from their children at least for six months
a stigma tag in women prisoners. She
due to incarceration. Participants were
became a matter of shame for her family
selected through purposive sampling and
members not different in case of the
information gathered from them through
relationship with the husband and in-laws.
interview schedule and observation.
If this happens with many of the women
prisoners a less percentage amongst them Findings
became lucky to continue with the familial
1. Age and literacy fact
relationship depends upon the reasons
of their incarceration. Nature of the case, Mothers who became part of the study were
quality of familial relationship during pre- belonging to the age group of 33-38 years
incarceration, behavioural and socialisation and in that most of them spent a minimum
patterns of the women plays a crucial role to of two years in prison separated from their
determine her successful reintegratinginto children. It was also observed that the age
families and community. group of the children at the time of mother’s
arrest were 6-9 years and the mother was the
Transition in the group and choices of
primary caretaker of two to three children
friends are also very visible during pre
in most of the cases. According to the data
and post-incarceration period of women
majority of the mothers imprisoned during
prisoners. Incarceration limits the friend
their productive years that is 33-38 years.
circle and socialisation of most of the
incarcerated women with the people she Literacy rate of the mothers belongs to the
meets during incarceration. This creates a category of minimum 5th and maximum
secluded pattern of the social and personal 10th standard. Accordingly, they face
life of incarcerated women, leads their life difficulties for entering into competitive
difficult even more challenging with their training required for jobs and understanding
children. the job requirements. As a result of most of
them usually subject to physical and mental
The recommendations of Prison Manual
exploitation from families and friends.
2003 & 2016 for after care, rehabilitation
and follow-upof the women prisoners are 2. Family relationship pattern
encouraging. Implementation quality of
Once analysing the family relationship
such programme will ease the reintegration
pattern, the study observes during the post-
process of women prisoners especially if she
incarceration period the majority of the
consumes the role of a primary caretaker of
mothers (31.3%) were living with their male
her children.
companion. 21.9% were living either alone
The relevance of the study in the framework or with the husband. The reason for their
of prison reforms and policies are high as it preferences of post-release living depends
reveals the scope of filling the gap in the upon family acceptance, interaction with
administrative and implementation level. the family members during imprisonment
and the influence of peer groups inside the
Research Methodology
prison. Re-marriage, behavioural issues and
With the objectives of understanding the imprisonment of the husbands are some
post-incarceration re-entry challenges of the vital reasons that forbidden women

116
to continue a life with their spouse post- Consider the number of children during
release. the incarceration period 62.5% of mothers
having two to three children. Connecting
Though incarceration affected the married
the number of children with caretaking
life of most of the women, the child-mother
responsibilities there is a need for huge
relationship remained intact in most of the
resources for catering the needs of children’s
cases. 59.4% of children were living with
health, education and mental health well-
their mothers during the post-incarceration
being requirements. As per the received
period. However, some of them had been
data most of the children were primarily
deliberately separated from the mothers by
taken care of by their grandparents. Meeting
family members. The cases of disconnect
the children’s growing needs became the
with the children and their status were also
greatest challenges to this vulnerable group
very prevalent amongst the mothers.
primarily due to their physical and financial
3. Caretakers role difficulties. 59.4% of mothers in an opinion
that they were in touch with their children
During the imprisonment period of the
even during the incarceration period by
mothers, 43.8% of children were under
their families primarily and with the help
the care of their grandparents. 25% of
of other social support agencies.
children spent their childhood with the
mothers inside prison and were sent back 5. PostIncarceration re-entry challenges
to community life at the time of their school
Women under the correctional system
age. Relatives and spouses of the women
are already a challenge and their release
shared a measly role that is 9.4% of taking
without empowerment adding to the chance
caring of the children.
of recidivism and other kinds of negative
During the post-release period of the effectsassociated with imprisonment.
mothers, 34.4% of first child categories
If incarceration meant for a period of
of the mothers became adolescents had
nurturing transformational behavioural
started to take care of their matter as their
changes in prisoners, post-release should
own. However, 28.1% of children seemed
be the period of applying the learnt skills,
under the caretaking of the grandparents
knowledge and values for leading a crime-
even after the release of the mother. Only
free and respectful life in the society.
9.4%children were under the care of the
However, the available data indicating that
spouse of women prisoners during the post-
the purpose of incarceration not meeting its
release period.
expected outcomes due to the lack of human
4. During imprisonment resource planning and strategies, cause for
post-incarceration life of the prisoners more
The murder was the reason for incarceration
challenging and difficult.
for 53% mothers, followed by rape (15.6%),
Kidnapping (15.6%) and Narcotic Drugs and For asking the first reaction of mothers in
Psychotropic Substance act – NDPS (4%). response to their releasing news from the
Majority of the participants (59.4%) in the prison 90.6% were responded positively.
study spent 2 years to 5 years imprisonment In contrast, the array of challenges quoted
and thus separated from their children and by the mothers were family deprivation,
family in a long duration. Amongst the isolation due to stigma, difficulties of
participants, 50% were in their 28-38 years getting into employment due the necessary
during their first incarceration. Age group skills and education, struggles for leading a
belong to the firstborn child of the 21.9% better-socialised life, difficulties for entering
mothers were 6-9 years. into parenting responsibilities, extramarital

117
relationship and suicidal thoughts. This For most of them (78 %) outside world
reflects the need for training and tuning the was hard and strange. Such as difficulties
detained human resources for the period for crossing the roads, unable to take the
and converts them into a productive human responsibilities all of a sudden, unable to
strength by empowering them with skills believe that children are so close and near,
and positive thinking patterns. This would afraid to talk to others, unable to adjust with
be an effective crime prevention strategies food like that. They almost felt like lost. For
curtain the breeding of crimes in society. most of them need to take a lot of hardship
In the study, 93.4% of mothers agreed that for engaging in the daily routine.
they required employment during post-
During the re-entry phase, the majority
release. Amongst 43.8% required a period
of the mothers matched their experience
of more than two months for finding out
with home and community in the category
employment. A few percentages were
of “everything changed”. Some described
unemployed due to several reasons and
it as “strange”. Such words indicating the
in the case ofemployed mothers, 50% of
anxieties and adjustment difficulties they
them were engaged with the unskilled jobs.
faced during the re-entry phase with the
The monthly earnings of the mothers were
home and community atmosphere.
within the range of Rs.5000 to Rs.10000.
Majority of the participants 43.8% were The acceptance of in-laws after the release
reluctant to share their prison background was rare in most of the mother’s case.
while employed. This was adding to the reasons for their
instability for leading a respectful life in
In the current study, it shows that at the end
society further. For the children, this will
of the incarceration period relatives came
become a serious factor leading to the
to take them for home. The percentage
identity crisis of his parents and family in
of response is very less for mentioning
future. Broken relationships amongst the
husband and parents and adult children
parents and family members always lead to
came for taking them home after release.
the identity crisis, lack of self-confidence,
Next to relatives, friends and fellow inmates
stigma, shame, behavioural issues,
represent the high percentage of role in the
declining of academic performances and
post-incarceration life of mothers. This is
another serious physical, emotional and
because of various reasons such as lack
social malfunctions in the children.
of contact with the family, lack of clear
communication about the releasing period, Distracted social and community life such
fear of the family members about the extra as distance from neighbours and relatives
obligation, conflicts with the mother pre or was a major reason for their secluded life in
post-incarceration period. society. For most of the women, a friendship
develops during the incarceration period
Regarding children, most of the mothers
will be the only form of friendship even
found their children with their family/
after the release as well.
relatives. Despite the fact of incarceration
majority of the mothers were updated Concerning the physical and psychological
about their children’s matters through well-being, the majority of them were
Non-Governmental Organisation or family reported they were fit and fine. However, TB,
visits. Only a few were not aware of their Typhoid and stomach related issues were
children’s matters. In reaction, most of the common in the reported health issues. The
children happily welcomed their mothers coping pattern of mothers for dealing with
without any prejudice. stress, worry and anxious during the post-

118
release period was that they succumbed it prevalent amongst the mothers, as a result,
by self if shared most of them preferred to most of them were away from the benefits.
share with their children.
Suggestions and recommendations
6. Mother’s perception of their parenting
By conducting a baseline study on the
roles and their relationship with the
issue, the scholar wishes to know the
children
intensity of the issues of mothers during
Regarding the takeover of parenting their post-incarceration life period and
responsibilities after imprisonment, 75% of the factors affecting their reintegration in
mothers were in an expectation of becoming the community. Accordingly, it demands
good mothers to their children followed by more such research studies in this area for
the release. Difficulties for getting a job, improving the socio – psycho wellbeing
financial struggles, and deprivation from conditions of the mothers.
the family, growing expectations of the
There are many limitations associated
children and partners affect their coping
with this particular study. Some of the
patterns with the outside world and thus
limitations are the quantitative way of
lead to the parenting stressful.
analysis for understanding the in-depth and
However, 87.5% of the mothers agreed sensitive concepts like post-incarceration
that their children welcomed them with life challenges of mothers. However, the
happy faces and not felt any difficulties study helped to identify the areas relevant
to introduce them to their friends. This to future research.
shows the strength of the mother-child
The study is a call for addressing
relationship. Except two all others expressed
various issues and struggles facing by
their insecurity feelings related with the
the young mothers during their re-entry
children.
period consequent to their prolonged
62.5% of mothers were feeling guilty about incarceration. For making them socialized
their incarceration and the negative impact and inclusive in family and community
on their children due to it. However, 87.5% life,a comprehensive pre-and post-release
believes that their children will lead a crime- reintegration programme in cooperation
free life despite the fact of their mothers’ with prison social welfare services and
incarceration background. The feelings of community support is very essential.
ineffective parenting due to imprisonment
As per the statistics of the particular study
were prevalent amongst the mothers.
incarcerated mothers are highly vulnerable
7. Post-incarceration social security issues financially, socially and emotionally.
(financial independency, the support Estranged family relations with husband,
from spouse, family and friends) elder children and kinship leave them as
endangered for exploitations at various
Post incarceration social security issues
levels. Lack of quality aftercare support
discussing the empowerment of the mothers
and follow-ups increase the chances of
based on their possession of government ID
recidivism and interim living arrangements
cards, knowledge about various Government
with male partners of women prisoners.
schemes and insurance coverage.
Preparatory course work including skills and
During the pre-incarceration period, 59.4%
counselling before release will help these
of mothers have not owned an ID card. But
mothers to gain confidence and dependency
after release 87.5% able to secure an ID card.
to start a fresh life with community support
Ignorance of the social security schemes was

119
right after their relieve from prison life. of womanhood. For most of the women,
Also, the measures and steps for connecting it would be a dream comes true moments
their families before release, rehabilitation when she steps into the motherhood, in
options for empowering the mothers socially, contrast, it would be a challenging period
emotionally and financially will be highly for those mothers who step into the prison
appreciable with the support ofGovernment environment.Though many reformative
and Non-Governmental Organisations. moments and policies existing for stimulating
the human rights-based correctional
Conclusion
approach, the need for a constructive
As said by Alexander Pope (1688-1744) implementation model seems missing in
“To err is human; to forgive, divine”, it is the entire system. Such perseverance will
the society or policies to decide should a play a vital role in reducing recidivism and
criminal be punished or cured.Motherhood prevention against crime.
is considered as the most creative version
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122
An Empirical Study on Bullying and Sexual Harassment

at Workplace
Shubhangi Srivastava*, Priyanka Kacker**
ABSTRACT
This study was an exploratory endeavor which observed trends in bullying and sexual
harassment at a workplace. Total 212 samples who were working in Industrial and Academic
organizations were randomly taken from Gandhinagar, Gujarat. 106 samples were from
Industrial workplace and 106 samples from Academic workplace. The participants provided
demographic details and responded to NAQ-R and SEQ questionnaire to assess the bullying
and sexual harassment experience. The primary aim of the paper was to find out the existence
of bullying and sexual harassment at workplace, correlation between bullying and sexual
harassment and impact of workplace environment on bullying and sexual harassment,
overall, the results proved the existence of bullying and sexual harassment at workplace. It
was seen that bullying and sexual harassment are also negatively correlated to age. However,
a positive correlation between bullying and sexual harassment was seen. Lastly, there was
significant difference in bullying between academic and industrial workplace and there was
no significant difference in sexual harassment between academic and industrial workplace.
KEYWORDS
Workplace, Bullying, Sexual harassment
Introduction Any workplace is described as “any place

visited by the employee arising out of
Due to globalization and development in
or during the course of employment,
working sector, there is a rapid growth in
including transportation provided by the
employment opportunities and significant
employer for undertaking such a journey.”
changes in the workplace like participation
A workplace can be both the organized and/
of women at workplace in India. This
or un-organized sectors (Mohanty, 2015).
resulted in various challenges with regards
In broad sense, workplace bullying can
to health and safety of the employees. All
be understood as “subtle and/or obvious
the employees of a workplace should be
negative behaviors embodying aggression,
respected and treated fairly but various
hostility, intimidation and harm,
psychological and physical workplace
characterized by repetition and persistence,
risks like Bullying and Sexual Harassment
displayed by an individual and/or group and
are now recognized globally as an issue
directed towards another individual and/or
affecting various countries, different
group at work in the context of an existing
professions and nearly all workers (Cobb,
or evolving unequal power relationship”
2017). Due to lack of awareness about the
(D’Cruz, Workplace Bullying in India, 2014).
laws and rules and the problem of bullying
In India in 2007, Premilla D’Cruz, Noronha
and sexual harassment, such aggressive and
and Rayner started conducting studies on
inappropriate behavior is seen quite often.
workplace bullying. It was observed in the
*PhD Scholar, Department of Social Work, Jamia Millia Islamia (A Central University), New Delhi-110025
**Associate Professor, Department of Social Work, Jamia Millia Islamia (A Central University), New Delhi-110025

123
study that in India workplace bullying is organizations as well as society (Gelfand,
over 40% across various studies which is Fitzgerald, & Drasgow, 1995). According
greater than global figures that mostly lies to the handbook of Ministry of Women
between 11% to 18% (D’Cruz, Noronha, and Child Development (Mohanty, 2015),
Mendonca, & Mishra, 2018). “Sexual Harassment includes anyone
or more of the following unwelcome
Since there is no definitive list of bullying
acts or behavior (whether directly or by
behavior, it ranges from indirect pattern,
implication), namely:
for example, someone modifies, spreads, or
highlights crucial information which affects 1. Physical contact or advances;
the job or performance of the victim to
2. A demand or request for sexual favors;
isolating or socially excluding the victim, for
example, exclusion by avoiding, withholding 3. Making sexually colored remarks;
important information, or unsupportive of
4. Showing pornography;
hard-earned promotions, etc. (Rayner, Hoel,
& Cooper, Workplace Bullying, 2002). The 5. Any other unwelcome physical, verbal or
main feature of bullying is its causation non-verbal conduct of a sexual nature”
due to imbalance of power which is mainly The evidences from research activities in the
caused by the dependence of target on the past decade and a half shows the occurrence
perpetrator(s), that may be economical, of sexual harassment in organization
social, physical or psychological in nature and it is seen that the consequences have
(Stale, Hoel, Zapf, & Cooper, 2010). Here, been potentially serious and dangerous
‘Power’ can be economical, position/post (Stcokdale, 1996). Sexual harassment
in the company, number of people against is a grave form of employment and sex
victim and supporters of the perpetrator. It discrimination, suffered mostly by women.
is very important to understand the source It violates fundamental rights like right to
of the power, whether it is coming from a equality and life, which is guaranteed to
formal source like status or position in an all the citizens of India under Articles 14,
organization or informal source like ability 15 and 21 of the Constitution of India. It
to influence others, strength of character, interferes with their performance at work. It
quickness of tongues, etc. (Rayner, Hoel, & also has adverse effects on their social and
Cooper, Workplace Bullying, 2002). economic growth by putting them through
There are few researchers who examine physical and emotional distress (Shroff &
the relationship between bullying and Preetha.S, 2018).
sexual harassment as both are considered In recent times, incidences of sexual
similar behaviors and have common risk harassment of men are also seen. A recent
factors. Bullying and sexual harassment are study showed that approximately over half
related expression of aggression and have of all women in a workplace suffer from some
same antecedents. The laws and rules to form of sexual harassment and It also found
prevent sexual harassment are not efficient that one-third of men at workplace suffered
to prevent bullying as bullying is not just from at least one form of sexual harassment.
gender harassment but includes other kinds Sexual harassment is divided into three
of harassment as well. types: Verbal- These include talking on
Sexual harassment is an ancient sexual topics, stories or jokes with sexual
phenomenon. (Kamberi & Gollopeni, topics, sexist remarks, asking questions
2015). Sexual harassment is considered a about private sexual life. Non-verbal- this
social issue which is complex in its nature includes staring at others body, chest, butt,
and has harmful effects on individuals, etc. blocking the road or path and to not
124
let other pass through, giving gifts secretly, 2. METHODOLOGY
using sexual body language, chasing others,
2.1 Objectives
etc. and Physical- It includes touching butt,
hair or chest, caresses, cuddling the neck There is relatively little empirical research
or hands, neck and shoulder massage, etc. on aggressive behavior like bullying
(Kamberi & Gollopeni, 2015). and sexual harassment including their
correlation with age and effect of different
Sexual harassment at workplace was for
work environment on such aggressive
the very first time acknowledged by the
behavior. This has resulted in establishment
Supreme Court of India. It was legally
of preventive and coping strategies which
recognized in the landmark judgment of
are not sufficient to stop these malpractices
Vishaka v. State of Rajasthan (“Vishaka
at workplace; the current study will fulfill
Judgment”). Since there were no laws in
the need. The goals of the current study
India on sexual harassment at a workplace,
were as follows:
the Supreme Court, in the Vishakha
judgment made guidelines with mandatory 1) To study the affect of age on bullying
mechanism to redress grievances related and sexual harassment happening at a
to sexual harassment. The guidelines were workplace- To have a better understanding
followed till the enactment of Prevention of the concept, it is very important to
of Sexual Harassment Act, 2013 (POSH). know how age affect bullying and sexual
This act is specifically dealing with only harassment. Age plays a crucial role in
female victims. It is not a gender-neutral act studying bullying and sexual harassment
and hence cannot be used for male victims in Indian workplace as age directly reflects
(Shroff & Preetha.S, 2018). experience and position in hierarchy of a
workplace. It will help in understanding the
Research Gap
extent of bullying and sexual harassment.
There are few studies related to Bullying
2) To determine the correlation between
and Sexual Harassment at workplace in
bullying and sexual Harassment- As
India. Mostly these studies consider gender
discussed above, bullying and sexual
and age while studying bullying and sexual
harassment are related expression of
harassment at workplace and few of the
aggression. This relation of common
studies did not provide enough evidence
antecedents and common risk factors will
on affect and effect of Bullying and Sexual
help in creating new preventive strategies
harassment at workplace. A very important
and policies. The study intends to study the
correlation between bullying and sexual
affect of bullying and sexual harassment on
harassment is still left to be explored by
each other.
the researchers which might offer a new
dimension to organizational psychology. 3) To determine the effect of different
But the researches could not provide any working environment on bullying and sexual
correlation between Bullying and Sexual harassment- It becomes very important to
harassment even when they are closely understand how different work environment
related and often combined phenomenon. and culture plays role in bullying and
There were less number of study on the sexual harassment. All the workplaces
effect of different work environments or have different environment under which
different workplaces on Bullying and Sexual it operates. Some workplaces are hostile
Harassment. whereas others are friendly. Environment
plays a vital role in occurrence of bullying
and sexual harassment at workplace.

125
2.2 Sample or unfairness in answers, the participants
were given a choice to keep their name
For the present study, samples were divided
anonymous.
into two clusters, Industrial and Academic
workplace which consisted of 212 (N=212) b) Negative Act Questionnaire- Revised
individuals. It included 106 employees of (NAQ-R) - Workplace bullying was measured
academic workplaces like universities and by using latest version of NAQ-R. It consists
colleges and 106 employees of Industrial of 22 items. The 23rd self-labeling item
workplaces like Private Companies. The provides a specific definition of workplace
samples were collected using simple bullying. The 24th question asks about the
random sampling technique. bully by whom participant was bullied.
NAQ-R has high reliability and validity
Since the study was dealing with sensitive
(Gupta, Bakhshi, & Einarsen, 2017).
issue, many organizations were reluctant to
let their employees participate in the study c) Sexual Experience Questionnaire (SEQ)
as sample. Only those working professionals – Sexual Harassment was measured using
who were willing to be the part of the study the latest version of the Sexual Experiences
were taken as sample. Questionnaire. This version consists of
20 items, 18 of which are divided in the
2.2.1 Participants
following categories: Gender Harassment,
Table 2.1 Criteria of Sample Selection Unwanted Sexual and Sexual Coercion.
This version of the SEQ shows an internal
Inclusion Criteria Exclusion Criteria consistency coefficient of .92 (α= .92)
Male and females Male and females with sufficient reliability and validity for
above 18 years and below 18 years and research purposes (Fitzgerald, Gelfand, &
below 60 years above 60 years Drasgow, 1995).
Males and Female Individuals (Male
employed for at and Female) who are
2.4 Hypotheses
least 6 months from employed for less 1. There will be no correlation between
Academic Workplace than 6 months. any age group and bullying.
Males and Female Individuals (Male
employed for at and Female) who are
2. There will be no correlation between
least 6 months from not employed. any age group and sexual Harassment.
Industrial Workplace 3. There will be no correlation between
2.3 Measures/ Tools used bullying and sexual Harassment.
a) Socio-Demographic Detail form- Form 4. There will be no significant difference

on general and job details was obtained in bullying at Industrial and Academic
from each participant. The participants Workplace.
were asked to report general information 5. There will be no significant difference
like their age, the gender of the employee, in sexual harassment at Industrial and
the marital status of the employee and their Academic Workplace.
current highest level of education. They
were asked to report employment status, 2.5 Procedure
job title, and type of workplace, how long The objective of the study was to study
the participant has held the current position bullying and sexual harassment in academic
and how long the participant is working in and industrial workplace. For the purpose
the current organization. Keeping in mind of the same the study was divided into two
the sensitivity of the topic and hesitation different phases as follow:

126
Phase I harassment. To study the significant difference
in bullying and sexual harassment at Academic
Questionnaires that were apt for the study
and Industrial workplace, Independent variable
were to be identified. To measure the
t-test was used. A summary of the data collected
bullying Negative act questionnaire- revised
is given in the table 3.1.
version (NAQ-R) was considered and to
measure sexual harassment at a workplace Table 3.1 Summary of the sample, age and
Sexual experience questionnaire (SEQ) was total data collected
considered.
Sample Total (N)
After the selection of the questionnaire, a
Industrial (n) 106
form to collect socio-demographic details
of the sample was made. The socio- Academic (n) 106
demographic form was made relevant to Age in Industrial Workplace 21-60 years
the study, keeping in mind that it is for Age in Academic Workplace 21-60 years
employees of workplaces. After this phase
Total (N) 212
II started.
Table 3.2.1 showing correlation of age with
Phase II
academic workplace bullying and sexual
Permission was sought from different harassment
organizations and Institutions to collect
sample. Faculties from the colleges and Academic Group A Group B Group C
universities and employees of various Bullying -.239 -.385* -.016
organizations were reached and randomly Sexual -.523** -.227 .197
given the questionnaire, provided they were Harassment
willing to volunteer. Option to main their Age in Industrial 21-60 years
anonymity was given to all the participants. Workplace
Due to prior commitment and work of the
Age in Academic 21-60 years
participants few of the questionnaires were
Workplace
dropped at the organization and collected
after 2-3 days. Filled questionnaires were Total (N) 212
collected from the participants for further Table 3.2.2 showing correlation of age with
analysis. industrial workplace bullying and sexual
3. DISCUSSION harassment
In the current research to study to determine Industrial Group A Group B Group C

the correlation between age and bullying Bullying -.019 -.025 .053
and sexual harassment and to understand
Sexual .029 -.031 .064
the correlation between bullying and sexual Harassment
harassment various statistical measures were
used. To study the correlation between age and Table 3.2.3 showing correlation between
bullying and sexual harassment, age was divided Bullying and Sexual Harassment (N=212)
into three different groups, Group A which
Variables Sexual Harassment Group B Group C
consist of employees from 21 years to 29 years,
(N=212)
Group B which consists of employees from 30
years to 39 years and Group C which consist Bullying .502** -.025 .053
of employees from 40 to 60 years. Bivariate (N=212)
correlation method was used to determine the **Correlation is significant at the 0.01 level
correlation between age and bullying and sexual (2- tailed).
127
Table 3.2.1 showing correlation of age with In a study on Bullying in the Indian
academic workplace bullying and sexual workplace, it was seen that as one went up in
harassment the organizational hierarchy, the incidents
of bullying decreased. At entry level 48.8%
Academic Sexual Harassment .685** employees suffered from bullying, the
(n=106) Bullying percentage becomes 43.4%for employees
Industrial Sexual Harassment .388** at junior management level, then 37.9% at
(n=106) middle management level employees and
Bullying
tends to be around 25.5% for employees
**Correlation is significant at the 0.01 level at senior management level (D’Cruz &
(2- tailed) Rayner, 2012). Decrease in bullying with
increase in age can be explained as when
**Correlation is significant at the 0.01 level
an employee gets promoted or goes up in
(2- tailed)
organizational hierarchy it passively gives
Independent variable T-test them power where they cannot be taken
Table 3.2.5 showing significant difference advantage of and are not considered as too
between Bullying and Sexual Harassment weak to retaliate. But, this works other way
at different workplace as well, in the same study it was found that
the superiors (73.1%) were most common
Sig. (2- tailed) source of bullying, the second most common
Bullying .002
source of bullying was by peers (37.3%)
and even subordinates (21.8%) were also
Sexual Harassment .264
seen as a source of Bullying. Indicating
The analysis of these samples showed that as an employee gets promoted in the
that the percentage of bullying and sexual organizational hierarchy he/she turns into
harassment in Industrial workplace is higher a bully from being a victim of bully. It
than Academic workplace. The difference was observed in the study on Individual
in occurrence of incidents of bullying and and Situational predictors of perpetrators
sexual harassment between two workplaces of bullying at workplace that there is an
can be a result of different environment of increasing probability of being a perpetrator
the workplace. The organizational causes of with increased frequency of exposure to
bullying can be studied under five categories: bullying (Hauge, Skogstad, & Einarsen,
Job design and work organization, culture 2009).
and climate of organization, leadership Similarly, a negative correlation was seen
in the organization, reward system and between age group of 21-29 years and sexual
organizational changes. harassment at Academic workplace. From
Further, bullying and sexual harassment Table 3.2.1 it can be inferred that as the age
was studied with age of employees to increases the sexual harassment decreases
understand the impact of age on bullying at an academic workplace. A study done
and sexual harassment. To analyze the on sexual harassment of working women
impact of different set of age, the sample was and tt was seen that although there was no
divided into three categories as mentioned significant difference among women of less
above. As shown in Table 3.2.1. A negative than 26 years and women of 26 years and
correlation was seen in age group 30-39 above but mean scores indicate that younger
years and bullying at academic workplace. It women face more harassment of all kinds as
can be understood that as age increases the compared to women above 26 years of age,
bullying decreases in academic workplace. at their workplace (Saxena, 2016). It can be
understood that with increase in age the
128
incidents of sexual harassment decrease. bullying it can be said it will prevent sexual
The reason why younger employees are harassment as well.
comparatively more harassed than the
To understand the effect of different
elderly employees is because they are
workplace environment and culture on
beginner, which makes them a vulnerable
bullying and sexual harassment, T- test was
target. Employers, managers’ superiors and/
done to compare the bullying at academic
or peers craft an organizational climate
workplace and industrial workplace
where an employee has to succumb to
and sexual harassment at academic and
the pressure either resign from the jobs or
industrial workplace. It was hypothesized
surrender to the demands of the employers
that there will be no significant difference
which also includes further bullying and/or
in bullying and sexual harassment at two
sexual harassment.
different workplaces respectively. The
As we have discussed earlier, bullying results shown in Table 3.2.5 indicate that
and Sexual harassment have somewhat there is a significant difference is seen
alike expression of aggression. But in bullying at academic and industrial
the two offenses are different in their workplace. It is because bullying is done on
characteristics. To understand the the basis of work, individual, race, gender,
connection between Bullying and sexual etc. Bullying happens where employees
harassment, correlation between total encounter contradictory expectations,
sample (N=212) was determined. Bullying demands and design of their job with
and Sexual harassment show a positive goals that are unpredictable and unclear,
correlation with each other in Table 3.2.3. unmanageable workload and increasing
Null hypothesis was not accepted due to pressure with excessive monitoring. A
lack of evidence. The inference drawn from perpetrator can bully an employee for
the result was that as bullying will increase, various reasons. However, there is no
sexual harassment will also increase and as significant difference in sexual harassment
bullying will decrease, sexual harassment in academic and industrial workplace.
will also decrease. It is also observed that Sexual Harassment is always driven by
sometimes to assert power; bully tries the sexual intentions irrespective of social
to sexually harass the victim. There is culture and environment of that place. From
one more paradigm that links bullying gender harassment to sexual coercion, the
and sexual harassment. Employees from offence is solely motivated to gain sexual
minority class of sexual orientation like favor and pleasures. Hence, it does not
gay, lesbian, bisexuals, etc. are often bullied depend on workplace and work.
as they do not conform to the traditional
While collecting data from various
sexual orientation norms of society.
workplaces and employees, there was
To further understand the concept, a lot of diffidence on the part of both,
correlation between bullying and sexual the organization and the employees. At
harassment at different workplaces (n=106) organizational level, it was found that topics
was determined. It was seen in Table 3.2.4 like bullying and sexual harassment were
Bullying and sexual harassment is positively not given an active consideration because
correlated to each other in Academic of its sensitivity. Many organizations
and Industrial workplaces. This further identified their employees to be too young
establishes the point that irrespective of or academically naïve to understand the
the environment of a workplace, if bullying issues and hence did not want to expose
increases sexual harassment also increases. their employees. Other organizations
If the organizational policies can prevent asserted that their workplace is free from
129
any sort of bullying or sexual harassment workplace environment on bullying and
risks. sexual harassment can open new gates
for research. Social Implication of study
At individual level the dynamics of
focuses on the awareness of the employees
understanding the two issues were different.
and management of the organizations
Due to the subjectivity of the behavior it was
about bullying and sexual harassment at
seen that employees scored high in bullying
a workplace. Also, it should be brought
behavior but low on self-labeling or given
to light that both, bullying and sexual
definition of bullying. This marks the
harassment have gender-neutral victims.
subjectivity of why few actions are offensive
Legal implication of the study is to bring the
to some and not offensive to others. In the
laws against bullying at workplace. The laws
current study both bullying and sexual
on sexual harassment are powerful in their
harassment have male and female victims.
own nature but the mechanism of reporting
The results highlight the gender-neutral
a complaint or the fear of consequences of
victimization at a workplace. A study was
any such complaint proves to be an obstacle.
done to test the theory that men are not
Along with laws and rules, as a part of
as vulnerable to sexual harassment as are
prevention and punishment strategies,
women. Results indicated the following:
one should also think about the executing
men are considerably less threatened than
mechanism for effective implementation of
women by behaviors that women have found
the laws and rules.
harassing; men as well as women, sexually
harass men; and men identify behaviors CONCLUSION
as harassing that have not been identified
In the end, it can be concluded that this study
for women. Results also showed signs of
very shows the nature and extent of bullying
backlash among men against organizational
and sexual harassment at a workplace. The
measures that address sexual harassment
existence of bullying and sexual harassment
and discrimination against women (Berdahl,
even in low percentage is worrisome.
Magley, & Waldo, 1996).
The negative correlation of bullying and
IMPLICATION sexual harassment with different age
group indicates its effect on young and old
This study has several implications in
employees. A positive correlation between
Criminology, Law and Psychology. The
bullying and sexual harassment shows how
understanding of the nature and extent
closely two aggressive and inappropriate
of bullying and sexual harassment at
behavior are linked to each other. It also
workplace can allow various organizations
highlights the fact that how preventing
to come up with a monitoring system and
one can eventually prevent the other from
efficient preventive strategies with the help
happening. Lastly, it was seen that there is a
of a third-party agency like criminologists
significant difference in bullying at academic
and forensic psychologists. The expertise of
and industrial workplace but there is no
criminologists and forensic psychologists
significant difference in sexual harassment
can help in devising mechanisms to
at academic and Industrial workplace. The
periodically monitor and address the
finding of the study also highlights that
issue of bullying and sexual harassment
there is a lot of scope of improvement in
at a workplace and suggest policies to
prevention strategies of bullying and sexual
put an end to any inappropriate practice.
harassment at workplace.
Similarly, understanding the effect of

130
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Women Quarterly, 527-547.
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Developments in Theory, Research, and Practice. Florida: CRC Press.
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Anxiety and Depression among Working Unmarried Women. The International Journal of Indian
Psychology.

THE INDIAN SOCIETY OF CRIMINOLOGY
(Affiliated with the International Society of Criminology, Paris)
Regd. Office C/o. Department of Criminology, University of Madras, Chennai 600005
The Indian Society of Criminology was founded in the year 1970 with the objects to advance the study
and application of criminology, criminological science (criminal biology, psychology, sociology and
penology) and forensic sciences for the welfare of society and to facilitate co-operation among persons
interested in the criminal phenomenon.
Membership is open to all persons interested in the study and application of criminology and forensic
sciences. The Society publishes the Indian Journal of Criminology which is a prized publication. For
procuring the Journal, Application for membership and all other correspondence should be addressed to:
The Secretary, Indian Society of Criminology

C/O Department of Criminology and Criminal Justice,
Manonmaniam Sundaranar University,
Tirunelveli-627012, Tamil Nadu, India
EXECUTIVE COUNCIL, (2018-2020)
PRESIDENT TREASURER
Prof. (Dr.) Arvind Tiwari, Dr. RanjitOomen Abraham,
Dean, School of Law, Assistant Professor (Senior Scale),
Tata Institute of Social Sciences, Mumbai. Tamil Nadu Dr. Ambedkar Law University,
Chennai.
CHAIRMAN
Prof. (Dr.) P. Madhava Soma Sundaram, EXECUTIVE COUNCIL MEMBERS
Professor, Department of Criminology and Criminal
Justice, Dr. M.D. Allen Selvakumar, Chennai.
Manonmaniam Sundaranar University, Tirunelveli. Mr. S. Balu, Chennai.
Prof. (Dr.) Beulah Shekhar, Tirunelveli.
VICE CHAIRS Mr. S.R. Bhuvaneshwaran, Chennai.
Mr. G. Dhanasekar, Chennai.
Prof. (Dr.) Balraj Chauhan,
Mr. Muthukrishnan, Chennai.
Jabalpur
Dr. C. Muthuraja, Madurai.
Prof. (Dr.) K. Jaishankar,
Prof. (Dr.) M.V. Nagarajan, Madurai Branch.
Gujarat
Prof. (Dr.) Purvi Pokhariyal, Gujarat.
Prof. (Dr.) Mamta Patel,
Dr. C.L. Ramakrishnan, IPS (Retd.), Chennai.
Madhya Pradesh
Prof. (Dr.) D. Ramakrishnan, Madurai.
Prof. (Dr.) M. Srinivasan,
Dr. Roshni Nair-Shaikh, Mumbai.
Chennai
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Prof. (Dr.) Subash C. Raina,
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Himachal Pradesh
Dr, Sony Kunjappan, Gujarat.
Prof. (Dr.) Vijay Raghavan,
Mr. V.S. Rajagopal, Chennai.
Mumbai
SECRETARY Editor, Indian Journal of Criminology

Dr. Syed Umarhathab, Prof. (Dr.) G.S. Bajpai
Department of Criminology and Criminal Justice, Chairperson, Centre for Criminology & Victimology,
Manonmaniam Sundaranar University, Tirunelveli National Law University, Delhi.
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NOTES
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INDIAN JOURNAL

To procure the copies of the Journal please contact:

Printed by: Ess Pee Printers, New Delhi

Editorial & Advisory Board

Prof. Ian Loader Mr. Emilio C. Viano

Prof. Zbigniew Lasocik Prof. Jianhong Liu

Prof. N. Prabha Unnithan Dr. G. K. Goswami, IPS

Prof. K. Jaishankar Prof. Arvind Tiwari

Dr. Suman Dash Bhattamishra Prof. (Dr.) Nikos Passas

The Quest for Truth in Criminal Justice- Revisiting the Malimath 1

Redesigning of Urban Safety Measurement Model Analysing Crime 16

Attitude to Prison Reforms: An Empirical Survey 32

Recidivism among Prisoners in Tihar Jail and Contributing Factors: 46

Adjustment of Child in Conflict with Law: An Empirical Study 58

Rationality or Opportunity: What Matters in Crime? A Descriptive 66

Rehabilitation and Reintegration Possibilities for Rape Victims in India 79

Incarcerated Motherhood under the Purview of Policies, Prison 106

An Empirical Study on Bullying and Sexual Harassment at Workplace 122

“THE QUEST FOR TRUTH IN CRIMINAL JUSTICE- REVISITING

Ankita Chakraborty* & Dipa Dube**

* Ph.D Scholar, Rajiv Gandhi School of IP Law, IIT Kharagpur.

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

Redesigning of Urban Safety Measurement Model

Introduction 104 million, this means urban planners will

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

Table 1 - List of cities in order of RCC.

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

Crime Most Heinous Heinous Major Minor Incidental

uses the formula to get nRCC under the

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

Safe  Relatively Safe  Unsafe  Relatively Unsafe  More Unsafe

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

Table 3 - Overall safety status of smart cities in order.

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

Attempt to Commit 0 0.5 0 0 0.1 0.1 0 1.1 0 0 0 0

Attempts to Commit 0 0.2 160 0 0.1 0.2 0.1 0 1.1 0 0 0.1

0.1 0 0 0.1 0 0 0.1 0 0 0.2 0.2 0

0.4 0 2.4 2.6 0 0 9 5.5 0 0.1 0.1 0

1.9 2.8 1.8 1.7 2.2 5 2.3 2 0 5.1 2.5 0.3

Coin/ Government 0.1 0.5 0 0.8 0.2 0 0 0.3 0 0.2 0.1 0

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46 & 47 2018-2019

0 0.5 0 0.1 0.8 1 1 0 0.2 0.3 0 0.4

Other Places Related 0 0 0 0 0 0 0 0 0 0.4 0 0

Causing Injuries 159.2

Unnatural Offences 0 0.3 0 0 0.2 0.2 0.1 0 0.8 0.3 0.1 0

INDIAN JOURNAL OF CRIMINOLOGY - Volume 46

49.6 39.6 31.0

0.1 0.8 0.1 0.2

(3) (1.5) (0.5) (4) (5.5) (3.5) (1.5)

Antiquities & Art Treasures Act,

Antiquities & Art Treasures Act,

SC/ST (Prevention of 0.3 0.1 0.4 0.1 0.2 0.1 7.9

Prohibition of Child Marriage 0.1 0.1