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- 1 - PART I

Study of the Constabulary in Gujarat; Socio-Economic ...shodhganga.inflibnet.ac.in/bitstream/10603/3448/7/07_part 1.pdf · The emerging role/status of the police has been drawing

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PART – I

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CHAPTER – I

INTRODUCTION

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Introduction:-

The emerging role/status of the police has been drawing attention to sociologists in

recent years even though the subject comes within the exclusive jurisdiction of

Public Administration. However, the importance of sociological analysis has

surpassed the piecemeal efforts made by other disciplines. The relations between

the police and the public in general badly demands a sociological study since

fragmented piecemeal studies could not unearth the reality of the unprofessional

and belligerent trends of the police personnel. The indication of this trend became

prominent in the recent past particularly after the communal carnage that disclosed

the unprofessional approach of the police personnel. As a result, the intelligentsias

of different disciplines like Political Science, Administration, Journalism, etc. get

involved to study the emerging role/status of the police. The emerging role much

wider than as conceived is to be studied from the sociological perspective in order

to get the ground reality pertaining to problems of the constabulary.

The role played by police constable is not the same as it is expected to be or as it

was in the past. Police hold a vital position both in institution as well as in

organization called ―law and order‖ that not only does include everybody but

dictates authoritative values on behalf of the state. The police being part of the

organization are supposed to play the role as defined in law and as expected by the

rest of the society. However, the increasing gap between ‗what it ought to be‘ and

‗as it is‘ calls for a fresh sociological study in its own way so that the social reality

from the structural-functional as well as from interpretative understanding can be

explored and analyzed systematically. However, this gap seems to be more

significant with respect to the chasm between the state and the society which are at

loggerheads. The etiology behind this loggerhead goes back to the colonial rule

when the state and the society belonged to two different antagonistic set ups.

Conflict, therefore, was more inevitable than cooperation and/or coordination.

Even after sixty years of independence from the colonial era, the common people

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are not convinced that the state stands for the protection of society and that it

supports each other for the congruent interests being fulfilled.

The question then stems from the very basic misunderstanding of the

memorandum between the civilians and the police.

The democratic state cannot rely and rest only on force; it has to rely on the

‗general will‘ of its citizens organized on the basis of the rule of law. Having

assumed the basic premise of the rule of law as suggested where police are the

custodian of the institution called law and assigned and entrusted with the duty of

maintaining social order as devised in the texts of laws including the constitution

being framed under the ages of ―We, the people of India‖. How then do police

constables emerge with different roles/status which is not compatible with their

assigned duties? In the prevailing social circumstances, they more often than not

act as extra constitutional body within the same framework which needs a

scientific study. To analyze the existing fact, one must pay attention to the

organizational aspects of the police and the placement of constables in the said

organization and its interaction with other social organizations providing an

environment in which the feedback system supports each other. It is pertinent to

note that the separation of power does not allow the executive to inflict

punishment or penalty unless specified in law or delegated to impose minor

penalties. The establishment of national and state Human Rights Commissions

substantially acts as deterrent to police atrocities. The cultural aspects of the police

organization and that of other social organizations pose inconsistency in the

socialization process of the constabulary. The former does not have democratic

elements in its process of functioning, while the later is saturated with the same.

Police constables, in the present study, are never away from the value system

fostered by the society at large. This value system in case of Gujarat is fast

changing because of the market forces of the global economy. Being an industrial

hub, Gujarat experiences social changes much faster than any other states in India.

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The researcher has attempted to study the emerging role/status of the police

constables of Gujarat from different angles as stated above. Even after sixty years

of independence, the common people continue to fear the men in Khaki uniform

and therefore, the wide gap between the two is proportionately contaminating

mutual understanding. As a result, the conflict becomes inevitable in day to day

interactions between the police and the public.

There is no denying the fact that there is absence of mutual trust and cooperation

in the relations between the police and the civilians. The servant has become

superior to its masters. Service has been synonymous with employment and not

public welfare. The common people equate a policeman with cruelty, brutality,

and repression. The police forces do not command respect of the masses because

of the chasm between the police and the public.

The prevalent charges against the police are of rampant corruption, extortion,

misconduct, brutality and their connivance with the anti-social elements like

bootleggers and gamblers. The word “hapta” has become synonymous with

corruption in the police force.

A layman looks down upon a policeman with a tinge of disdain because of being

the victim without reasons and the imposition of penalty with or without reasons.

The common people witness policemen not only taking laws in their hands, but

violate them in full public view. The law is hardly allowed to take its own course

by those who are supposed to uphold the rule of law. The public image of the

traffic police has been to extort money from vehicle owners often on pretext of the

violation of traffic rules that remain cloudy to people.

A lay man would normally prefer not to go to the police station and lodge any

complain or an F.I.R. The experience involved in the process is being treated like

criminals and often detained/harassed on false malicious grounds in order to get

undue advantages from the complainants without taking cognizance the

complaints.

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The officials of other government departments like revenue, education, irrigation,

etc. being non-uniformed are more trusted by the people than their uniformed

counterparts. The police, on the contrary, are criticized for the role they play. One

of the reasons for the police being under public scrutiny is because of the constant

interactions/ encounters between the police and the public which won‘t take place

with other officers belonging to other departments like Agriculture-cooperation

Education, Revenue and Science &Technology, etc.Mostly, an occasional contact

with the employees of these departments does not result in to confrontation and

even if corruption takes place it is a ―two way traffic, making both the patties

happy.

Whereas, in lower stratum 0f police it is always a ―one way traffic‖ which the

public do not like. Thus the police are always at a receiving end. Besides facing

these widely debated charges, the lower stratum police personnel have always to

be on their toes owing to various problems related to law and order. Knowingly or

unknowingly, the media have created a bad image of the police by often

publishing exaggerated and sometimes one sided reports of criminalization of the

force and violation of human rights. The film industry has also played a pivotal

role in projecting the police force as a bunch of inefficient and useless uniformed

men who are friendlier to the anti-socials than to the peace loving citizens.

It has become a fashion of the so-called social elites, for example, human rights

activists, social workers, journalists, political leaders, etc. to criticize the police

institution even at the drop of a hat. It has also become a favorite pastime for some

people to find fault with the police. Especially during the occurrence of violent

incidents like murder, riots, burglary, chain-snatching, and vehicle thefts etc. the

police come under severe public scrutiny and criticism.

Nevertheless, the diehard critics of the police also concede that no society can

function without the police. As rightly pointed out by Julio Ribeiro, ―The police

has essentially a deprivational role. Though no society can function without the

police, the police can never hope to be popular. People often forget that policemen

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came from the same society to which they themselves belong and that policemen

reflect the attitudes and culture of that milieu. This unfortunate truth is often

conveniently forgotten.‖- (Source. Bullet for Bullet. Julio Ribeiro. -Viking

publication.p.164-165. Publication.) Whatever desirable or undesirable qualities

and inherent shortcomings prevalent among the police force are actually the

undercurrents of different societal forces which need to be investigated.

Thus several factors have made the researcher select this topic. The most

important among them, as mentioned above, is presentation of one sided

version/views against the police force in the media, films, public seminars and

conferences; resulting into a negative image of constabulary in the eyes of the

general public. The researcher, having worked in different departments including

Home Department of Government of Gujarat got an adequate exposure to

functioning of the police force and became familiar with administrative setup and

hierarchy of the Gujarat Police. Not only that, he got an opportunity to get

rudimentary knowledge of basic problems and difficulties being faced by the

lower rung personnel of the constabulary(from constables to PSIs) and became

sensible on this issue which is sought to be studied in the present research.

Photo-1

The Trainee P.S.I.s – P.T.S Junagadh

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CHAPTER – II

OBJECTIVE & RATIONALE

OF

THE STUDY

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What is known as ―The colonial system‖ among the modern historians, politicians,

sociologists and the critics of the British era in India; is actually the model of

policing which originated in Ireland and was designed to police a foreign land;

continues to influence the existing policing in India as a whole and its various

states and vestiges of the colonial rule are still discernible. Admittedly, the

colonial model immensely contributed in development of the modern criminal

justice system, the army and the police forces in independent India. However,

there is no denying the fact that this model was used by the British rulers for

maintenance of law and order and to establish total dominance on the Indian

subjects rather than to establish, a ―welfare state‖. The police Act of 1861was

designed by the British to create a police force that would be politically useful to

it. It was successful, in protecting British commercial and political interests in

those days and it no longer fully serves the more recent needs of the common

people. Many thinkers, both serving and retired police officials, social activists

and columnists have periodically argued; that with the imperial power gone in

1947, our political masters should have restructured the police and made it truly

accountable to the people. Unfortunately this has remained an unfulfilled dream.

At the same time one has to concede that the critics of this model have not been

able to suggest a suitable and intelligible alternative to it.

This is not to claim that there is total absence of efforts on the part of the political

leadership and the administration to bring about some orientations keeping in pace

with the 21st century. The National Police Commission (NPC) was appointed in

1977, which submitted eight reports during 1979-1981, recommending certain

reforms pertaining to the entire gamut of policing in India. The reports were

forwarded to various states in 1983 for ‗necessary actions‘, but unfortunately the

recommendations of the NPC have been virtually shelved. Three other committees

were appointed by the government to deliberate on the issue of police reforms: the

Rebeiro committee in 1998, the Padmanabhaiah committee in 2000 and the

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Malimath committee on the criminal justice system in 2002. In this context, the

emerging role of the police has been drawing attention to sociologists in recent

years even though the subject normally falls within the purview of public

administration. It is felt that the importance of sociological analysis surpasses the

piecemeal efforts made by other disciplines to study the problems of the

constabulary, suggest concrete remedial measures to solve them and thereby;

narrow the rift between the police and the public in general.

A Sociologist needs to analyze the causes of failure of the constabulary to win

faith and confidence of the people, the factors responsible for growing chasms

between the police and the people. The researcher is of the considered opinion that

the problems being faced by the subordinate members (from constables to PSIs) of

the constabulary are not appropriately addressed to by the administration despite

the fact that it is one of the main reasons for failure of the constabulary to nurture a

positive mindset to rise to the occasion and to fulfill the expectations of the people.

The talks of police reforms would be an exercise in futility, so long as the lower

rung members of the police force continue to live in deprivation. Therefore, a

sociologist should come forward to study the basic problems of the constabulary

and thereby contribute to help the political leadership and the administration take

some concrete policy decisions to overcome these problems in the larger interest

of the state and the society.

A need to do so is more felt in Gujarat state in the light of the events that took

place following the carnage at the Godhra railway station in 2001 and the growing

menace of terrorism in cities and coastal areas of the state besides rapid strides in

industrial development and other commercial activities.

The police cannot work without public cooperation and this is possible only when

they sincerely try to win the trust, confidence and goodwill of the people which

can be earned only by honest and disciplined performance of duty and proper

human relationship.

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However, the million dollar questions are -

How can a constable be expected to maintain equanimity if he has to rush to the

duty after passing a sleepless night under a leaking roof of his small quarter? How

can a constable remain impeccably honest if his children have to dropout from a

high school owning to paucity of money for higher education? Can a lower rung

police man resist the temptation of an easy extra income amidst an overall vitiated

atmosphere of rampant corruption at the higher echelon of the police organization?

How can a constable be expected to preserve human rights of a fighting criminal

who has disregard for lives of other human beings? Why is a police man at the

criticism of all the stages whether it is mob control, crime control or public order

maintenance?

The need of the hour is to have a fresh look at the prevailing scenario and make

sincere and honest attempts to get first hand information on the basic problems the

subordinate police employees have to face at the ground zero level in Gujarat. As

per the section 16 of the Bombay police Act 1951, ―subordinate ranks‖ mean

members of the police force below the rank of the Inspector. Understandably, the

present study attempts to gather input on the problems of the police personnel

below the rank of the Inspector.

There is no denying the fact that so far no sociologist in Gujarat has made in depth

study of the problems of the constabulary and whatever piecemeal attempts are

made by the administration and the researchers can‘t be described as an attempt to

understand plights of the subordinate police staff in respect of their living and

working conditions. The researcher firmly believes that a state can be well judged

by the quality of its police force and the litmus test of prestige of the police is

credibility and respectability it enjoys in the eyes of the common people. This can

be achieved only if the basic problems of the constabulary are properly studied and

sincere attempts are made to sort out them.

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The objective of the study can be described in succinct as follows:

To analyze and study the social conditions contributing to the growing chasm

between the police and common man.

To study and investigate different social set-ups with reference to the inadequate

basic amenities to the lower and middle rank (sub-ordinate) police personnel.

To analyze the social conditions those contribute incompatibility to the assigned

duties of the police personnel.

To explore the latent problems of the constabulary with regard to their living and

working conditions.

Within this larger perspective, the present study attempts to answer the following

questions.

1) What are the main difficulties of the lower rung/subordinate police staff in

Gujarat?

2) Are the constables provided reasonably satisfactory housing facilities? Are they

by and large satisfied with the accommodation/quarter provided by the state

government?

3) Do their children get an adequate opportunity and congenial atmosphere for the

pursuit of education and build their career?

4) What is the level of education among the subordinate police staff and their

children?

5) What is the proportion of addiction i.e. alcohol, drugs, tobacco smoking etc

among the constabulary?

6) What are the other drawbacks in their living conditions?

7) What are the occupational hazards to which the constables are vulnerable?

8) Is the training imparted to them compatible with the existing scenario?

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9) What is the level of satisfaction among the constable to the behavioral attitude

of their superior officers?

10) What it is the extent of veracity in the frequent charges of so called human

right violations and their nexus with the anti social elements like bootleggers-

gamblers?

11) Do they get enough logistics, weaponry and vehicles to perform their duty

efficiently? And if the existing sanctioned staff and the actually filled up posts of

the constabulary in Gujarat are adequate to meet the challenges thrown by the

‗professionally sound‘ criminals of the 21st century?

The present study has been titled ―A STUDY OF THE CONSTABULARY IN

GUJATAT: - SOCIO ECONOMIC PROFILE OF WORKING AND LIVING

CONDITIONS”:-

This study seeks to illustrate the ground zero difficulties and problems of the

subordinate staff of the police force and its impact on their duty as well as personal

life.

The study may be useful for political leadership, sociologists,

administrators, and senior police officials, in framing proper policy and taking

administrative measures related to the constabulary. It may also be useful for

researchers, and scholars, police training institutes and N.G.Os to get better

understanding of the genuine problems of the constabulary.

There can‘t be two opinions on the fact that no state can function without

constabulary, despite prevalent charges of corruption, extortion, brutality and high

handedness against it.

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CHAPTER – III

Methodology & Sources of Data

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This study of the constabulary in Gujarat is based on both primary and secondary

data.

Primary data was drawn from intensive field work, extending almost one and half

years from May 2009 to October 2010.

The investigator personally visited the State Police Training Academy, at Karai

near Ganghinagar,Rastraveer,Chhelbhai Dave Police Training School at Junagadh,

34 police stations in 14 districts falling under 7 police ranges of Gujarat State and

got filled up a structured questionnaire from as many as 584 police personnel,

interviewed almost a thousand constables and the newly recruited Lok Rakshaks,

P.S.Is besides minutely observing their behavioral attitude while performing their

duty at various police stations.

The investigator also interacted with 15 IPS officers ranging from Superintendents

of Police to D.G.P. working at different places and positions with high

responsibilities to elicit their views and obtain their suggestions on the working

and living conditions of the constabulary and also their own problems as senior

officials in dealing with their subordinates in the present scenario.

Having worked in different departments including Home of Government of

Gujarat, the investigator got familiar with administrative setup, hierarchy of the

state police and its functioning prior to undertaking this study. Naturally, he could

easily receive an official order from the office of Director General of Police asking

all the IGPS/ DIGS of 7 ranges of the state police to facilitate his visits to police

stations and interviews with the constabulary.

Despite this, a section of the lower rung police personnel was found to be hesitant

in expressing views on the various problems and offering suggestions to overcome

them out of fear of disciplinary actions. To specify, the researcher found it

extremely difficult to get required feedback from the constables serving at Gondal

taluka police station in Rajkot rural district.

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However, it is pertinent to mention here that most of the police constables, head

constables, assistant sub inspectors were free, frank and fearless in expressing their

personal views on the problems of the constabulary and sharing their own good

and bad experiences during their long service in the police force with the

investigator.

The investigator went through books penned by prominent police officers like J.F.

Rebeira, Joginder Singh, and Kiran Bedi etc. to get a broad understanding of

policing in the independent India besides studying reports of the National Police

Commissions, reports of the Gujarat State Human Rights Commission, Gujarat

State Police Housing Corporation, Indian Penal Code, Criminal Procedure Code,

Constitution of India, Gujarat Police Manual and important news coverage/

articles published in the eminent dailies for collecting secondary data.

Extensive use of digital camera was made to capture photographs of various police

stations, police personnel on duty, their houses/ residences built by the govt.

agencies in different parts of the state.

The investigator developed excellent rapport not only with senior IPS officers but

also with junior police personnel so much so that they interacted with him open

heartedly and provided the necessary information and expressed their opinions on

various problems without an iota of hesitation. This enabled the investigator to be

conversant with the realistic scenario prevailing in the Gujarat police and to

understand objectively the problems of the constabulary.

The researcher visited the State Police Training Academy, Karai and Police

Training School, Junagadh so as to enable him to be conversant with overall

quality of ground as well as class room trainings for the newly recruited police

personnel. He made it a point to intermingle with the instructors, faculties and the

police sub inspectors under training at both the institutes to get their objective

views on various critical aspects of the police and its style of functioning. He also

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relished the same lunch and dinner taken by the trainees to get first hand input on

the quality of food for the would be in charges of police stations in Gujarat.

A few case studies have also been undertaken to make the present research

interesting, informative and purposeful.

Chart -1

Chart -2

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Ahmedabad Range Table:1

Sr.No. Police Range P.S.

1 District:Kheda Chakalasi P.S.

2 Kheda P.S.

3 Dakor P.S.

4 Nadiyad town P.S.

5 Nadiyad Women P.S.

Border Range Table:1.1

1 District: Banaskantha Ambaji P.S.

2 Danta P.S.

3 Palanpur city P.S.

4 Palanpur taluka P.S.

Gandhinagar Range Table:1.2

1 district: Sabarkantha

Himmatnagar town P.S.,

taluka P.S.

2 Idar P.S.

3 Khedbrahma P.S.

4 Prantij P.S.

Junagadh Range Table:1.3

1 district: Junagadh Junagadh city A-division

2 Junagadh city women P.S.

3 Junagadh taluka P.S.

4 Keshod P.S.

Next page..

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Rajkot Range district: Jamnagar Table:1.4

1 Jamnagar district Jamnagar A-division

2 Jamnagar B-division

3 Jamnagar mahila P.S.

4 Rajkot rural district Police headquarter

5 Gondal city P.S.

6 Gondal taluka P.S.

Surat Range Table:1.5

1 Navsari district Navsari rural P.S.

2 Navsari town P.S.

3 Valsad district Pardi P.S.

4 Valsad rural P.S.

Vadodara Range Table:1.6

1 Bharuch district Headquarters

2 Dahod district Headquarters

3

Panchmahal

district Headquarters-Halol P.S.

4 Narmada district Headquarters

5 Vadodara rural

Head quarter-Vadodara

taluka P.S., Bhadarwa P.S.,

Vadodara rural P.S.

Ahmedabad city Table:1.7

1 Ahmedabad city

Traffic branch Ahmedabad

city

2 Ahmedabad city

Mahila Police Station

(Karanj)-Ahmedabad

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Gondal City Police Station photo-2

Jamnagar City-B Division Police Station photo-3

The Researcher getting a structured questionnaire filled up

The Constables-Rajkot Rural-H.Q. photo-4

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Jamnagar A Division photo-5

Junagadh city A-division photo-6

Navsari City Police Station photo-7

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Keshod Police station Junagadh photo-8

The researcher interacting with Mr. Dipankar Trivedi IPS (SP of police Junagadh)

photo-9