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PART – IV

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CHAPTER – I

TRAFFIC MANAGEMENT

IN

CITIES & POLICE-PUBLIC ATTUTUDINAL PROBLEMS

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The problem in the ticklish traffic issue lies in the enormous increase of vehicles

and population on the road and more importantly the absence of civic and road

sense; something that is quite difficult to solve! More people are investing in two

and four wheelers to get to work, leading to more vehicles on the road during the

peak hours, adding to woes of traffic constables.

Traffic bottleneck at all kinds of roads is a common scene in big cities. Every

Amdavadi faces a situation at a crossroad wherein cars move forward from every

side, and it takes at least fifteen minutes for the blockage to disperse. A traffic

policeman would have to rush in and get the cars moving. A few Samaritan

citizens may get out of their car and direct which way the cars should move in

order to solve the situation.

With development and expansion of Ahmedabad city; the tough traffic spots that

have tired drivers are the IIM Road, Shivranjani Crossroads, Satellite and Judges

Bungalow Road/SG Highway Junction. The IIM Road faces blocked traffic time

and again. Making matters worse are the roadside larris, parked cars in various

positions and pedestrian crossing the roads whenever they feel like at their own

will, careless of their safety. Big traffic tight spots are also noted at the bottom of

flyovers, such as the one in Vasna and near Shivranjani. Previously, the crossroads

near Gujarat University faced a terrible tight spot, but now there are traffic

policemen to watch the roads. In old city; Gandhi road and Tilak road are known

for virtually unmanageable traffic bottleneck during peak hours.

Traffic does not limit itself to cars and scooters, but also to carts, bicycles,

chhakdas, rickshaws, camel carts, school vans, and the buses that arrive as

monsters on the roads. Then there are the two wheelers which are overfilled

dangerously with three passengers. It is not uncommon to see a few bikes riding

side by side with the riders talking and high-fiving each other, blocking more

traffic and putting themselves at danger! One thing is for sure, two-wheel drivers

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in Ahmedabad have no fear of safety issues. Two wheelers are famous for cutting

through traffic, zipping about, fearless of the bus around the corner or the cars

driving on high speed! Two wheelers are one to watch out for whilst taking a spin.

In addition, the traffic has also fuelled the increase of pollution in the city, making

Ahmedabad one of the most polluted cities in the country.

The mentality of people driving is such that they are in a particular hurry to win a

race. The younger boys and girls are found using cell phones while riding two

wheelers. It is also observed that a sizeable number of youngsters ride a two

wheeler and a four wheeler without driving license. This has resulted in to increase

of hit and run cases. However; the Ahmedabad traffic police should be credited

with making all possible efforts to manage the traffic during peak hours and to

keep the roads safe.

Training of Traffic Police

Traffic problems are becoming more and more complex and difficult not only in

the big cities but also in several other towns whose number itself is increasing at a

fast pace. With economic progress and all round development, these problems

would naturally become more and more serious. This would necessitate a rapid

increase in the strength of the traffic police in Gujarat and would call for

specialized training of the traffic constables in the latest techniques of traffic

policing. The subject has not received due attention and seems to have remained

neglected. Apart from reducing traffic hazards, this aspect of police work has a

very important bearing on the image of the police. It is found during the present

study that in cities where the traffic police are efficient and well mannered, the

people by and large have a good opinion about the police. The subject of imparting

basic and specialized training in traffic policing and behavioural attitude to the

traffic constables requires urgent attention; since many times an altercation

between traffic constables manning a point on congested rods and vehicle owners

takes place over a petty issue.

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Table:- 6

Vehicle growth (year wise)

Sr. No. Year No. of Vehicles

1 2001-02 74952

2 2002-03 91643

3 2003-04 1,09,161

4 2004-05 1,36,989

5 2005-06 1,47,560

6 2006-07 1,58,290

7 2007-08 1,45,057

8 2008-09 (up to Sept) 2,01,201

Table:- 6.1

Accident figures during 2009 (month wise)

Sr. No. Month Fatal Serious General Total

1 January 09 23 22 188 233

2 February 09 12 17 136 165

3 March 09 15 29 144 188

4 April 09 16 20 144 180

5 May 09 10 19 120 149

6 June 09 14 36 145 195

7 July 09 15 18 126 159

8 August 09 17 18 141 176

9 September 09 23 34 167 224

10 October 09 16 28 134 178

11 November 09 15 19 147 181

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Table:- 6.2

Fine collected from Traffic Department (up to 11/2009)

Sr. No. Year Total No. of cases Fine Amount

1 2001 3,76,615 18,00,610

2 2002 1,89,006 10,70,395

3 2003 2,51,411 1,55,53,455

4 2004 4,72,967 2,87,73,065

5 2005 5,46,910 3,37,62,545

6 2006 7,18,429 4,38,32,135

7 2007 7,42,959 4,58,85,175

8 2008 9,63,902 5,88,19,710

9 Jan to Nov 09 8,83,756 6,05,94,525

(Source-―On the fast track‖-THE TIMES GROUP PRESENTATION-MARCH 2010)

The above statistical details clearly indicate seriousness of traffic problems in big

cities/towns of Gujarat state and a need is felt to imbibe traffic sense among the

citizens and to impart suitable training to the traffic constables to enable them to

cope with the traffic jams and to learn the skill of dealing with common people

without losing equanimity. Instead of undertaking intermittent traffic drives the

police should make it a routine exercise so that the people get accustomed to

observing the traffic rules and there should be objectivity and uniformity in its

approach on the part of the traffic police constables. The periodical drives serve

limited purpose of making propaganda and publicity regarding a quantum of

penalty recovered from the defaulters.

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The researcher with the traffic constables. Ahmadabad City.

Photo-30

Photo-31

Photo-32 D.C.P Traffic Ahmedabad

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Photo-33

The Indian Express 1 December 2011

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CHAPTER – II

Training - an Investment

In Human resources & not Expenditure

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Training does take resources but it also reproduces them manifold as it helps to

improve human potential and equip the persons trained with necessary skills and

attitudes to perform their functions in a more effective manner. Training should

thus be considered as an investment in human resources.

THE ROLE OF THE POLICE IN THE EMERGING SOCIAL

CONTEXT AND ITS IMPLICATIONS FOR POLICE TRAINING

The role of the police in India has to be viewed in the perspective of the historical

process, the changes in the social situation, the values and aspirations of a

developing society and the shape of things to come in the next decade or two.

The police in India inherited the historical disadvantages common to all countries

formerly subjected to colonial rule. During that phase, the State administrative

agencies had come to be identified with the interests of the alien power. It is

evident that a meaningful enunciation of the role of the police organization in

modern India has to be consciously divorced from past traditions.

Political Factors

The situation in the post-Independence era and the specific law and order

requirements arising out of continuing conflicts- communal, linguistic, and

regional and others have, unfortunately, not permitted the full development of new

traditions and attitudes. While, on the one hand, the police are expected to get

closer to the people, they are repeatedly called upon, on and other, in their role as

the agents of authority, to deal with violent agitations and disturbances of a wide

variety. Challenges to authority are inherent in a plural society. These are

accentuated in a democratic polity and lead to agitations and disturbances.

Additionally, there is the problem of the right uses of authority by parties which

are in power. There have been allegations of using the police machinery for

political ends. There are also instances of individual politicians interfering with the

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administration and the work of the police. As may be expected in a society in

transition, the norms which should govern the relationship between the party in

power, the individual politician and the police have still to be developed.

The foundations of national resurgence in India were laid during the independence

struggle which was committed to a programme of social and economic reform

through the successful operation of a democratic form of Government in the

country. The movement for social reconstruction caught popular imagination and

provided the base for a democratic political framework, which was later reflected

in the Indian Constitution. The Fundamental Rights assure to all citizens social,

economic and political justice, liberty of thought and expression, and equality of

status and opportunity. The Directive Principles of State Policy commit the State

of creating conditions for the realization of these rights.

The constitutional goals and the guarantees of freedom define the political

framework within which the administrative authority and the law and order agency

must function and also point to the directions of future national progress. The

nationwide effort at socioeconomic reconstruction places new responsibilities

upon the administrative agencies to be more sensitive and responsive to popular

needs, and to make positive contributions to the task of building a Welfare State.

The police, as one of these administrative agencies, have a special responsibility

not only to ensure the widest possible degree of individual liberty and security in

terms of the constitutional guarantees but also to deal with socially disruptive

forces.

Socio-economic Factors

The declaration of social equality as a goal has resulted in the intensification of

social tensions and violence arising from attempts by traditionally powerful groups

to prevent the under-privileged from gaining constitutionally guaranteed equality

and from the anxiety of the latter to achieve this equality in a free India. Since the

police have an accepted role to play in the establishment of conditions favorable

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for social growth and development, it becomes necessary for them to promote a

feeling of confidence and security among all sections so that they can participate

fully in and benefit from the national development effort. Thus one of the most

important tasks of the police is their duty towards the weaker sections of society,

the socially or economically backward people to instill the feelings of security.

The pace of economic development and the growth of an industrial infra-structure

in the country have given rise to special problems of crime and of law and order in

the industrial field. Economic growth since Independence has been accompanied

by imbalances between the rural and the urban areas, and between regions. There

has been a certain widening of the differential between the poor and the rich.

These factors have also led to social strains and tensions. When these

developments are viewed in the context of other problems such as those of

unemployment, rapid urbanization and the rise of an organized working also one

can see their implications for the law and order situation in the country.

The inter-connected processes of economic growth, industrialization and

urbanization pose problems. Bearing directly upon the law and order situation,

which demand an understanding and dynamic response from the police.

This tremendous increase in the student population leads to severe strains on the

already unsatisfactory educational facilities. There is likely to be an increase in

conflicts between students and the educational authorities, often involving the

State administration and the police as well. Frustrated or disillusioned youth are

also easily susceptible to exploitation by political parties‘ often through small

coteries of professional student agitators. A great deal of tact and judgment are,

therefore, required in dealing with situations involving student communities and

the youth, particularly in view of the worldwide phenomenon of youth unrest.

Apart from a steady increase in crime, the character and the nature of criminal

activities are becoming complex. It has been the experience of many countries that

with economic development and rapid urbanization, in conditions of scarcity of

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essential commodities and services and their misdistribution, there is an increase

in white-collar crime. Developments in the field of science and technology, the

growth of crime syndicates in the larger cities, particularly the metropolitan areas,

and the general level of sophistication will make crime more complex and

organized in the years to come e.g. cyber crime is a new phenomenon in the world

of criminals.

The Role of the Police in the 21st Century

The police have admittedly a difficult role, and a role that they are often called

upon to perform in the most provocative and trying circumstances. It makes a

demand on their knowledge of law and police science, on their physical stamina,

mental alertness and professional skill, and additionally on their ability to be firm

without being punitive. They are also required to discern when a particular protest

or action ceases to be legitimate and peaceful and constitutes a threat to law and

order. The police have always had to handle problems of law and order. What is

new in the situation today is that many of the agitations have a claim to social

legitimacy because they are undertaken in furtherance of goals which are

recognized by the Constitution. The police, therefore, run the risk of being cast in

an anti-people role. Even so the police have to maintain law and order and support

the constitutional processes in society. They must show an understanding of the

'cause' but they must distinguish it from the ‗means' that are adopted if these

threaten peace or law and order.

This new role requires the development of proper attitudes and the ability to

anticipate analyze and take decisions to meet difficult situations likely to disturb

peace in the community. In addition, there must be an awareness of the fact that

the successful accomplishment of tasks depends on the dedication with which they

are performed. The policeman, as the most visible symbol of the authority of the

State, must act as a responsible public official. He must realize that, to the

common citizens, his response or reaction represents the Government's attitude.

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It will be appreciated that a high degree of discernment is required in the police

officer today and that he must have knowledge in depth of society and its

problems so that he can take the right decisions. Society is no longer a simple,

non-complex, aggregate of individuals living in isolation. It is a living, growing,

expanding, collection of people, bound together and interdependent on each other,

yet sometimes pitted against each other in a manner which could hardly have been

conceived by the framers of the Indian Penal Code. Social attitudes change.

Economic compulsions change. Standards of behavior change. What was not

considered a serious crime yesterday may be considered a serious crime

tomorrow? The man who hoards and profiteers in a period of acute scarcity could

be classed as a criminal of the worst type and crimes against women are treated

more seriously by sociologists, activists and the media.

The approach of the police officer, therefore, must be one of sympathy and

compassion and must be imbued with a deep and abiding faith in law and orderly

growth. What is needed is that the law should be applied with a deep appreciation

and understanding of the changing needs of a society which has to move towards a

truly democratic and egalitarian social order.

In short, it might be stated that in the changed circumstances of our society a

wholly law and order oriented force has to be transformed into one, which while

retaining a keen appreciation of its legal responsibilities to safeguard life and

property, has also an understanding of the larger social issues involved in its day to

day work. The implications of this transformation may be summarized as follows:-

(i) Police officers should acquire a high degree of professional competence and

be fully aware of the means whereby science and technology can help in police

work.

(ii) They must develop a clear understanding of the social purpose of their

activity and sensitivity to the trends and forces at work in the environment in

which they have to act.

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(iii) They must develop attitudes in consonance with the concepts of social

justice contained in the Constitution and the development programmes with

particular reference to the weaker sections of the community, including the poor,

the minorities and the scheduled castes/tribes.

Therefore it is necessary to induct new concepts into police training programmes,

and to provide training material, which may make police officers aware of the

tremendous problems of the common people; especially the under-privileged

classes and the need to deal with them with civility and courtesy and with an

understanding of the factors which give rise to particular situations. It will be

useful to have a compilation of all the laws, rules and facilities intended to help

these classes for use in discussions and tests. The training programmes must also

be structured to develop a faith in leadership as well as a capacity and readiness

for innovation and improvisation in handling different kinds of situations, so that,

while remaining within the law, the police can meet those problems in ways which

are not detrimental to the larger social objectives and which can also help to

generate the maximum of goodwill for them and elicit public cooperation in their

activity.

The mental background of a police man is provided by a number of interacting

factors such as his home and his educational institutions. The officers of the police

training institution that a recruit enters first provide an example to him which he

carries with him all his life. In a disciplined force like the police, personal example

means much more than in any ordinary profession. The officers of training

institutions must set an example of behavior, understanding and readiness to

perform difficult jobs which the trainees can adopt and emulate. An excessively

authoritarian attitude in a training institution which disregards the interests of the

trainees, particularly those of the lowest ranks, hardens their attitudes and they use

similar methods when they go out and deal with the public. (source-REPORT of the

committee on POLICE TRAINING UNDER CHAIRMANSHIP OF PRO M.S.GORE.-VOL-1

MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA-P 20,,46.52.-)

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SCIENCE AND TECHNOLOGY

Another factor which is new in the current social scene and which will be of

increasing relevance in the future relates to the phenomenal advances that have

been and are being made in the fields of science and technology. Science has

become so intimate a part and parcel of human life that science mindedness is now

an acquisition per se not only in every profession but also for the average citizen.

The criminals are very prompt in taking advantage of science and technology to

aid their nefarious activities. Crime is becoming more sophisticated, the sphere of

operation of organized gangs and racketeers is widening and is becoming easier

for criminals to defy detection by absconding from the scenes of crime by the fast

means of transport that are becoming increasingly available almost everywhere.

They also use cell phones-internet, Wi-Fi and modes for communication.

Science and technology can be useful in police work and the administration of

criminal justice. Modern means of communication, electronics, electronic data

processing, forensic science and medicine, new weaponry, systems analysis etc.,

have started playing a major role in giving new dimensions to police work in the

advanced countries. While in India wireless is being used by the police even now

mainly for passing messages from one place to another through static sets.

Electronics is changing the entire concept of beat duty as is evidenced by the

system of unit beat policing introduced in developed countries. In this system, a

Constable on foot patrol, a mobile police car and the police control room can all

communicate with each other instantly. It is high time that the latest sophisticated

gadgets and electronic devices were introduced in our country‘s police system so

as to make it effective. The lower rung policemen are required to be trained

properly to use the various modes of communication like internet, SMS, voicemail

etc in the light of use of such devices by the criminals.

It has become absolutely necessary for the police constables to familiarize

themselves with scientific techniques. They have to understand clearly that the full

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benefits of science and technology cannot be introduced in police work merely by

employing and consulting specialists. They must be competent enough to be able

to participate actively in the process of the injection of science and technology in

police work and also appreciate the value of the help that can be given by

technicians. If police training does not enrich knowledge and skill of lower rung

police men to use science and technology; how can they be expected to cope with

the demands of the 21st century?

It is found during the present study that the young police constable know how to

use various features available in a cell phone like sms, voice mail, internet etc but

their seniors above 40 years of age in the constabulary are conversant with only

receiving and making calls on a cell phone.

Similarly, relatively aged constables find it extremely difficult to use computer in

their day to day police work and therefore they still continue to be absorbed in

routine paper work.

The state government‘s policy of compulsory passing c.c c exams for the

policemen has little impact on improvement of their knowledge of computer needs

for routine police work.

A Constable is required to deal with individuals as well as groups of people. He

has to face large crowds, with different affiliations and motivations, which may be

angry frustrated, peaceful or violent. He should, therefore, have some

understanding of human behavior and the attitudes appropriate for dealing with

different types of people and situations. The student, government employees,

organized labors; political activists need to be handled with utmost forbearance

and mental equanimity even in the midst of surcharged atmosphere during

agitations.

There is a need to develop in a Constable the attitude that, instead of looking at his

work as a task to be performed mechanically, he should have a feeling of

involvement in the large purpose of police work. He must, therefore, know the

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"why and how" of his duties as related to the different situations he may have to

face and the laws he has to enforce. Only then can he derive greater job

satisfaction. It would be useful to bring out the purpose behind various legal

provisions, and social legislation in particular, in order to impart a better

understanding of the attitudes that are required in a constable while exercising his

legal powers. Greater use of audio-visual aids, demonstrations, practical exercises,

discussions and role plays would facilitate the attainment of this objective. There

is a need for orienting policemen to the requirements of both urban policing and

rural policing.

There is a popular belief most of the police officers do not like to be posted at a

training institute and consider it to be punishment. What is more shocking is that

the authorities also keep placement at police training institutes reserved for

―unwanted‖ officers and also for those against whom serious charges of

irregularities or an act of omission and commission are leveled. The most of the

officers placed at training institutes always try to get shifted to a ―better‖ place.

In this context, the researcher tried to study the scenario prevailing in Gujarat by

paying an impromptu visit to Police training Academy located at Karai in

Ganghinagar district on the eve of Natal in 2010.

This premier police training institute of Gujarat is spread over a sprawling land

scape near Narmada main canal and its overall ambience is congenial for training

to budding police constables and officers. The infrastructures with facilities for

various exercises including mock drill for terrorist attack and disaster management

and firing butt are by and large satisfactory. It could not be ascertained whether the

incumbent officers here are dissatisfied with their posting, since most of them

were found tobe absorbed in their duty. However, the unarmed police inspectors

posted here are found tobe anxious to get an executive posting and work at this

institute wily nilly. Whereas, the armed constables designated here as Assistant

drill instructor (A.D.I.) and the officers above this rank are found to be working

willingly and getting a job satisfaction.

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The Jt. Director of the academy was quite cooperative and he arranged for the

researcher‘s interaction with the newly recruit unarmed P.S.I.s who were under

training for almost a month. . The findings of interaction with the trainees could be

summarized as follow:-

An armed Deputy Superintendent level officer, supervising and monitoring the

trainings on the ground was found to be a man of positive and philosophical

attitude and he would guide his trainees properly.

An armed PSI performing the duty of a drill instructor for almost two decades and

his assistant were found to be getting job satisfaction out of their present

placement.

Both male and female trainee PSIs were quite energetic and physically fit for

undergoing a year long training here. They expressed their views boldly In the

presence of their training in charge-Dy.S.P.

All the trainees expressed total satisfaction with the quality of ground trainings

and they felt that in the first month of training they had undergone transformation

in their physical fitness and agility.

The trainee PSIs are found to possess good academic qualifications, some of them

are post graduate with higher education like MBA also.

The daily training schedule for the PSIs is between 7 A.M.and 7.30 P.M. which

includes physical exercises arms and weapons training and theoretical training on

major and minor laws

The trainees are found to be unhappy with style of teaching of the resource

persons/visiting faculties and the police officers both serving and retired for

criminal Laws like Indian Penal Code and Criminal procedure Code, major acts

and minor acts and they feel that they should be taught how to file F.I.R. and deal

with common people with different background and there should be focus on

procedural aspects of investigation in different crimes. The visiting faculties, here,

teach various Laws like college teachers, without paying attention to the needs of

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the trainee PSIs who want to be fully conversant on applicability of Laws in their

future role as in charge of a police station.

The researcher was surprised to know from the trainees that most of them were

eager to make fast buck by making money from their job over and above

legitimate income. One the reasons for their penchant for indulging in corruption

is that initially for a period of five years they would be paid R.S. 6000- per

mensum as consolidated emolument. It does not augur well for the Gujarat police

that the newly recruit PSIs are contemplating to find ways to make unauthorized

money at the training stage. The State Government ought to give a second thought

to its policy of recruiting constables and PSIs with a meager monthly emolument

of R.S. 4500 and R.S. 6000 respectively. It should also introduce a new subject on

moral values in the training modules for the constables and the officers above that

rank.

Trainees get a weekly out gate pass and their relatives could meet them once a

week at a specially created tent for this purpose in the academy.

Thus, the apex Police training academy in Gujarat can emerge as a centre of

excellence only if teaching quality of theories (in class training) is improved. The

practice of posting the tainted unarmed police officers at police training institutes

has a deleterious impact on the quality of training to the newly recruits and

subsequently it affects the entire police force. Therefore, a police training institute

should not be treated as a dumping ground for the unarmed police officers facing

departmental inquiry.

Similarly, the researcher got an opportunity to pay a visit to ―Rastraveer Chhelbhai

Police training Institute‖ popularly known as P.T.S., Junagadh.

This training institute with a sprawling ground is located near the foot hill of

the Girnar Mountain and its ambience is aesthetic. There are large old buildings in

its premises, which are used as offices for the senior officers, mess for the cadets

and also for their accommodation.

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The principal/D.I.G. of this training institute facilitated the researcher‘s

study of quality training being imparted to the newly recruit Lok Rakshaks

(L.R.D.) and P.S.Is, which enabled him to get first hand information and objective

evaluation of almost all critical aspects of police training in Gujarat.

All the 398 newly recruit PSIs under training here since 1st December 2010

expressed total satisfaction with physical training being imparted to them as part

of ground training by the A.D.Is under supervision of R.S.Is(Reserved police sub

inspectors-belonging to arms unit). However, the Lok Rakshaks under training

here could not be interviewed as they were sent for bandobust at the annual

Kankaria carnival during the chrismas at Ahmedabad. The researcher‘s findings

based on interactions with the Major, the ADIs, mess manager, the armed police

inspectors dealing with the ground training, the visiting faculties and the trainees

and visit to the mess, residences of the trainees, offices and the training class

rooms during lectures by the visiting faculties, are as follows:-

Basic facilities like accommodation, food and potable water for the trainee

PSIs and the Lok Rakshaks are quite good. Drinking water and water for washing,

bathing and other purposes is available in plenty. The residential quarters for them

are adequately spacious with attached bath rooms/latrine.

A food committee comprising some trainees is formed for purchase of

grains and vegetables from the market and thereby, transparency is ensured. An

average monthly food bill for a trainee comes to around R.S. 1000. This is quite

cheap and reasonable taking in to consideration the present inflationary trend in

the market. The researcher himself tasted the food being served to the trainees and

has come to the conclusion that it is not only hygienic PSIs and PIs impart ground

training to the newly recruits with devotion and dedication.

The overall mood of the trainees is found to buoyant and almost all of them

are satisfied with their physical training during the initial period.

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The researcher‘s objective assessment is that the class room training is

required to be upgraded with the modern technologies like Power point

presentation /films on different subjects so that the trainees find them interesting.

Most of the faculties, incumbent police inspectors and retired police officers here

impart training on various Laws through monotonous lectures which sometimes

does not generate enough interest among the participants.

The class rooms with old wooden benches, are not suitably maintained and

their ambience is not congenial for the young trainee PSIs.The class rooms are

required to be modernized with LCD screen, well painted walls and new benches

in place of the obsolete wooden benches so, that this training school existing

since inception of Gujarat State in 1960 can be transformed in to one of the best

police training schools in the country. It is worth placing on records that the

Jharkhand and Bihar Police had been here a few years ago for training. If this

institute is suitably upgraded with modern facilities and infrastructures it can

emerge as an institute of repute. However, the police training institutes do not

seem to be included in the list of priorities for development of the state.

The most of the unarmed police inspectors here seem to have been posted as

part of punishment and they do not instill confidence and moral values among the

newly recruits.

In short, it could be concluded that the trainee police constables and PSIs

at the Police training Academy and P.T.S.are happy and satisfied with the quality

of ground training but the teaching methods for the class room trainings are

required to be changed to make them purposeful. Moreover, the practice of posting

tainted unarmed police officers should be jettisoned so that the new generation in

the state police does not get negative message at the training stage itself. A special

subject on moral values is also required to be included in the syllabus/module of

the trainings for the newly recruit police personnel.

As regard, orientation training to the in service police personnel, 76% of the

respondents have opined that they are periodically imparted orientation training

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which updates their knowledge and skills to perform their duty. Whereas, 14% of

the respondents have replied in the negative and the rest have avoided any feed

back on this aspect. Thus it could be concluded that periodical orientation

programs are conducted for the lower rung police personnel. However, the practice

of dumping unwanted and unwilling police officers at police training institutes has

an adverse impact on the quality of training being imparted to the budding police

officers who get negative thoughts from the disgruntled trainers .

Rashtra veer Chhelbhai Dave, police training institute. Junagadh.

Ground training for the newly recruit P.S.I.s. Photo-34

Photo-35

The researcher with the instructors. photo-36

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Photo-37

Chart-10

The Indian Express 24 Feb:- 2011

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CHAPTER – III

Ambience and facilities

at the work places- police stations

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There were days when a police station used to be situated in a thatched building

with old furniture. Visitors to a police station had to be made to sit on a rickety

chair or on a trunk containing paraphernalia of a constable.

The old police station buildings in Gujarat made one ruminate over the past and

reminiscences of the British Raj.

The conditions of police stations during the last one decade have undergone a vast

change.

The Gujarat state police housing corporation has constructed new buildings of

police stations almost in every district resulting into discernible improvement in

overall ambience of working place for the police constables.

The concept of public and private participation for construction of government

buildings / offices has also helped the state police transform the old and

dilapidated buildings of police stations into quite impressive and exquisite police

stations with all necessary facilities like furniture, toilet, refrigerator, water purifier

etc.

Some enthusiast and effervescent police officers have completely changed the

façade of their police stations by constructing beautiful gardens in the compounds

and getting the police station buildings maintained on regular basis as part of

implementing the ―Nirmal Gujarat‖ mission launched by the state government on

the lines of Nirmal Bharat mission of the central government.

The new buildings of police stations in Gujarat are indeed a great credit to the

Gujarat State Police Housing Corporation.

There are still some police stations and District police head quarters which

function in old buildings constructed during the British regime. The researcher

visited such police stations/head quarters in Ahmedabad, Banaskantha, and

Vadodara, Pachmahal, Rajkot rural, Jamnagar, Junagadh, and Valsad.

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Valsad rural police station functions in an old building with small rooms and

narrow passage for entry in it. The dusty vehicles kept as ―muddamal‘ in the

compound makes this police station one of the worst police stations in Surat range.

In contrast, the new building of Vapi police station constructed about five years

ago and furnished with private people participation looks like a corporate office.

The building of Halol Police Station in Panchmahal district has been renovated

and maintained in conditions. Earlier the same police station had been located in

old and claustrophobic building.

The Palanpur taluka police station is located in a new building. Whereas, Palanpur

city police station still continues to be run in an old building.Ofcourse, the rooms

here are somewhat spacious and overall condition of the building is by and large

good.

The researcher found during his visit to Idar, Khedbramha, Himmatnagar and

Prantij police stations that the buildings of police stations in Sabarkantha district

are in satisfactory conditions.

The head quarter of Ahmedabad police commissionorate is run in almost a

hundred years old building with some rooms having corrugated tinned roofs which

makes the employees perspire during the summer. A visit to account and welfare

sections as part of the present study left the researcher aghast, since a lot of papers

and dusty files were laid on three/four tables and the employees have to work here

under most pathetic conditions without basic facilities like table fans in working

conditions, adequate space for sitting and performing clerical duties.

Similarly, the police stations in old buildings are so congested that the different

sections like L.I.B., Crime record, accounts, and writer branch etc have to be run

in small partitioned rooms with claustrophobic conditions and the compound of

such police stations is full of seized vehicles which makes them look like a ware

house. However, the researcher has been given to understand by the concerned

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officers that such police stations are likely to be shifted to the new buildings under

construction by Gujarat Police Housing Corporation.

Almost a decade ago the constables used to face acute shortage of noting papers

and other paraphernalia with result that they had tobe at the mercy of outsiders for

their routine work. There has been a sea change in the working conditions of the

constabularies during the last five years with provisions of certain facilities like

computers, Xerox machines and fax machines at the police stations.

Shortage of stationeries

Head Constable, A.S.I. or P.S.I. level Police Junior Police Officers performing the

duty of an investigating Officer (I.O.) in criminal cases have to maintain case dairy

meticulously and they have to prepare a comprehensive and self contained charge

sheet for submission to a Competent Court in three copies. This exercise requires

approximately fifty to sixty pages per case. It is observed during the study that

there is shortage of plain papers at most of the police stations and Chawkies.One

of the head constables interviewed by the researcher ventilated his grievance on

the shortage of stationery and expressed his displeasure against apathy of senior

officers towards genuine problems of the constables. Some constables have to

manage noting papers on their own to prepare a charge- sheet.

An In-charge officer of a police station has to move here and there, as part

of his/her duty and therefore a four-wheeler-a Jeep is provided at almost all the

police stations. Though, new vehicles have been procured and Bolero jeeps are

provided to a number of police stations recently, It is observed that old and out-

dated Jeeps are still there at some of the police stations. These Jeeps cannot pick

up a desired speed in case of exigency. The police constables are provided motor

cycle for carrying out different duties like summons duty, tapal duty and various

types of Bandobasts.A section of the constabulary is not happy with old motor

cycles with are not properly maintained by M.T.(motor transport) section in almost

every district.

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Despite all odds some police men rise to the occasion and serve the public without

any expectation and with purely devotion to their duty. A specific case of selfless

service with humanism is worth mentioning in this context. In the first week of

December, some businessmen saw a mentally unsound teenage girl unable to

speak any language barring a few words for communication to the people willing

to help her out and moving here and there, purposelessly; informed the police.

Contrary to a popular belief that police men do not act fast without a ―financial

incentive‖; the concerned PSI and his subordinate staff swung into actions to save

this unknown mentally challenged girl from falling prey to unscrupulous elements.

They not only provided apples to the girl as per her desire but also mineral water

to her.

The PSI who helped this unknown girl presumably from a southern state and

abandoned by her relatives; was interviewed by the researcher to get the necessary

input for the present study. He and his staff had to produce the girl to a magistrate

for her medical examination as part of compliance of the provisions of the Mental

Health Act. Since the police station‘s vehicle had been engaged in piloting; the

vehicle of a VIP visiting Mahudi temple and non availability of a psychiatrist at

the Gandhinagar General hospital, the police had to take this girl to mental health

hospital in Ahmedabad by a private motor car for chek up and brought back to the

court for its final order expenses for drugs prescribed by the doctor at Mental

health Act.. It took almost eleven hours to the police to ensure safe admission of

this girl to a mental health hospital. The concerned PSI and his staff including two

woman constables performed their duty dedicatedly and proved that the

constabulary in Gujarat is not devoid of Good Samaritans

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.Vehicles

Modernization of police fund (MPF) provided by the Central Government is not

fully utilized as per the guidelines and diversion of fund for the purchase of

vehicles for senior police officers is perhaps one of the causes of shortage of good

vehicles at the police stations.

The constables / head constables are provided a motor cycle for their official

duty. However, it is found that there is an acute shortage of vehicles for carrying

the accused persons under arrest to produce them before a magistrate. The limited

number of police vans in almost every district is a major cause of hardships and

inconvenience not only to the police constables but also to the persons under arrest

and their relatives. Therefore, some of the investigating officers ask the relatives

of an accused to be produced before a magistrate; to arrange for a vehicle or

provide expenses for transportation. A shortage of stationeries and vehicles breeds

corruption in the constabulary; especially among the constables serving at the

police stations located in the rural areas.

Epitome of CAG's reports on the Government of Gujarat for the year ended

31st march, 2009 also throws a light on, under utilization and diversion of M.P.F.

in Gujarat.

The following observations of C.A.G.'s report are indeed startling.

Modernization of Police Force in Gujarat:

―Modernization of Police Force Scheme approved by government of India aimed

at providing additional infrastructure to enhance the efficiency and effectiveness of

the State Police Force.

A performance review on Modernization of Police Force (MoPF) in Gujarat

revealed that the Government did not prepare prospective plans and there were

delays ranging between 14 and 128 days in submission of Annual Action Plans.

Under utilization of allotted funds ranged between five and 68 percent. DG&IGP

purchased vehicles at a cost of Rs. 2.75 crore though these were not approved in

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the Annual Action Plan. Contrary to scheme guidelines 119 vehicles purchased

were utilized by district police officers instead of allotting them to police stations,

out posts etc. DG&IGP allotted 2167 vehicles in place of condemned vehicles

which was not permissible under MoPF scheme. Shortage of modern weapons

ranged between 20 and 78 percent and of ammunition ranged between 17 to 100

per cent. POLNET System installed at a cost of Rs. 4.47 crore to integrate

communication network of police department was almost non functional since

installation due to poor quality of equipment and poor complaint redressal by

Bharat Electronics Limited (supplier). The project of installing Digital Radio

Trunking System in the City of Ahmadabad could not be completed even after

three years of its approval despite allotment of Rs. 10.01 crore. Automatic Finger

Print Identification System purchased at the cost of Rs. 1.87 crore was not

optimally utilized. There was cost overrun of Rs. 1.23 crore in constructions of

residential buildings at Police Commissioner Head Quarters, Shahibaug,

Ahmedabad. There was a saving of Rs. 33.78 crore in completed works pertaining

to residential and non residential buildings which was neither reported to GOI nor

any new works taken up out of the savings. Despite Honorable Supreme Court's

direction in September 2006, State Government did not make functional the State

Security Commission, Police Establishment Board and State/District Police

Complaint Authorities. There was an average 24 per cent shortage of man power

in various cadres of the police department. MOPF Scheme was monitored by State

Level Empowered Committee.‖-

(SOURCE –CAG‘sreports ended March 31 2009 Accountant General (CIVIL AUDIT), Gujarat, Rajkot.

Page no-8, 9.)

Thus it could be concluded that vehicle shortage at police stations in Gujarat is

attributable to improper management of MPF.Adequate number of vehicles should

have been purchased for use at the police stations. Instead of doing so the MPF has

been utilized for comforts of senior police officers. The researcher also came to

know from some in charge of police stations in various districts that vehicles

meant tobe provided to local police stations are supplied to L.C.B. & other so

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called significant branches by the district police authorities. This is found to be a

common grouse in almost all districts.Secondly, the vehicle of in charge of a

police station is tobe used as a pilot vehicle more often than not for VIPs like

ministers, senior officers, and high court judges during their visits to the respective

areas. A P.S.I. posted as in charge at a police station in Gandhinagar, during

informal discussion with the researcher aired his grievance that at least once week

his official vehicle is engaged as a pilot vehicle for VIPs visiting a famous pilgrim

place in Gandhinagar.Similarly In charges of the police stations in Panchmahal

district have to remain in their toes because of s VIPs and senior police

officicers.The researcher observed during the present study that the constables at

the police stations located near wroth seeing places and pilgrim places are engaged

to attend retired senior police officials on visit to such places and their relatives

also. Thus the constables at some police stations have to devote more time to serve

VIPs, senior police officers/retired IPS officers rather than their basic duties

A need is felt for creation of separate cadre of bandobast police with pilot vehicles

so that the police stations haven‘t to face inconvenience and hardships.

The shortage of vehicles for transportation of accused under arrest to a court and

magistrate‘s residence on public holidays for obtaining bail becomes a handy tool

for the constables to demand money for rickshaw fare and other related expenses

from the relatives of an accused. It is found during the research that demanding

money for transport and miscellaneous expenses from an arrested person or his

relatives is a common practice prior to producing him before a magistrate, almost

in all police stations in urban and rural areas. Despite providing Bolero jeeps to

some of the police stations, the problem of shortage of vehicle continues to plague

the constabulary.

Only those accused persons who manage to get reference from a senior officer or a

powerful source can get bails without paying ―Kharcha na paisa‖ (A term used by

the constables for demanding money unauthorizedely from an accused/arrested), to

the investing officer and constables accompanying him to a court.

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The researcher also found some benevolent police constables who would arrange

tea-coffee for a poor and unaffording person under arrest.Ofcourse; they are in

minority and are considered ―odd man out‖ in the constabulary. In short the new

buildings of police station are quite good and some basic facilities like copier

machine, fax, telephone etc are provided therein. However, shortages of vehicles,

stationeries are faced by the constabulary resulting into an adverse impact on their

efficiency and integrity.

Another point which is worth incorporating here is that providing food to a person

kept for more than six hours in a police custody is among the guidelines on

treatment to an arrested person. However it is found during visits to a number of

police stations that there is provision of a meager amount of R.S. 20 per accused

for food and it sometimes becomes extremely difficult for in charge of a police

station to make arrangement with local restaurants/hotels with such a meager

amount for food expense. Owners of small hotels/restaurants are cooperative in

this regard, either to get obligation of the police or out of benevolence.. The

researcher found this type of arrangement at Keshod police station in Junagardh

district. There is an urgent need to upwardly revise the rates for food expense for

an arrested person.

As regard, other facilities, the researcher also noticed that some of the young

police sub inspectors have managed to install water purifier or R.O.system at the

police stations in rural areas also. Thus the overall ambience at the police stations

has under gone a qualitative change during the last five years.

The researcher has captured photographs of an old jeep provided to a police station

in Rajkot Rural district and some of new and old buildings of police stations which

provide a glimpse of vehicle shortage and the discernible change witnessed

between the old & new buildings of police stations which have a positive bearing

on the ambience of working place for the constabulary during the recent past.

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An Old Jeep – Rajkot Rural police

Photo-38

Old and new police Station buildings

Photo-39

Photo-40

Photo-41

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Photo-42

Photo-43

Photo-44

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CHAPTER – IV

Pay-perks and economic conditions –

Working conditions

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It is found during interactions/personal interviews and filling of structured

questionnaires as part of the present study that the constables are allotted duty on

shift basis, but they have to work virtually for 12 to 15 hours a day and even after

performing a night duty they have to report at 11.00 am the next day at their

respective working place more often than not. Thus the constables are over worked

and overburdened so much so that it has deleterious effect on their mind and body.

A constable is not empowered to investigate offences but being a police

officer, he can make an arrest without a warrant u/s 54 Cr.p.c. He can an seize

any property suspected to be a stolen. He can also make an arrest without

warrant u/s 34 of the police Act, 1861, when any of the offences specified

therein is committed within his vies. Some other duties which Constables

attached to a police station are required to perform any be briefly stated as

follows:-

Patrolling, beat duty (picket duty, nakabandi). Watching and shadowing

suspects, undercover operations, collection of intelligence in relation to crime

and criminals, specific enquiries such as ascertaining the the whereabouts or

occupation of persons under surveillance or relation to particular bad characters

and suspicious persons and traffic duty.

Assisting an investigating officers in making searches, seizures and

arrests and conducting raids, serving summons and executing warrants, escorting

arrested persons and preserving scenes of crime.

Attending bazaars, fairs, festivals, etc. for the purpose of maintaining

order, performing V.I.P. and other security duties and handling mobs.

Maintenance of police station records

It is obvious that a Constable‘s duties are not limited to mechanical tasks,

but include duties which have to be performed with understanding tact

sympathy and firmness. He has at times to deal with situations by himself until

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the arrival of superior officers apprises and report incidents to his superior deal

with juvenile offenders and victims of social crimes and protect the rights of

the non- affluent sections of society with elected representatives of the people

village headmen and other officials appointed by the Government at the

village level.

The importance of the constabulary lies in the fact that they constitute

the major part of the force, are the first to come into contact with the general

public and the impressions of the regarding the conduct of the constabulary

contribute greatly to the image of the police.

The researcher discussed this issue with a number of constables and the personnel

above this rank and it is found that all of them are of the opinion that their duty

hours are long in the absence of adherence to the shift duty system.

They have to attend duty in connection with various public fuctions, the

government sponsored programmes, V.I.P. bandobasts, agitational demonstrations

and religious fairs etc.

Thus a police constable always remains busy and hardly gets time to attend his

family problems.Ofcourse, he is entitled to various types of leave like casual leave

(C.L.), Earned leave (E.L.), sick leave etc.However, sometimes the leave applied

for is not sanctioned on the ground of ―exigency‖ with the result that he/she can

not attend an important social ceremony like marriage of a close relative also. The

most of the interviewed by the researcher echoed identical feelings that they can

not enjoy their leave like other government employees as per their needs or choice.

The case study of a young police inspector posted at one of the police stations in

Pachmahal district revealed that a police man remains absorbed in his duty so

much so that he can not pay attention to his family problems which sometimes

results in to a serious discord between a husband and a wife. As a young and

energetic PSI prior to his elevation to the incumbent position one year ago; he

used to work hard and devoted maximum time to his duty but he could not keep

his spouse happy and his nuptial life is broken. He frankly shared his family

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problems attributable to over work in a policeman‘s job with the researcher. He

informed the researcher that after the completion of divorce procedure, he would

shoulder the responsibility of his two children. Thus, a section of the overstretched

police personnel has to sacrifice personal life also. The respondent Police inspector

also narrated his story on how and why he joined the police force during informal

discussion with researcher. He was serving in a packaging unit of a well known

pharmaceutical company with comparatively good salary of R.S. 18000 per month

after getting graduation in chemistry in 1994.His father a farmer by vocation,

wanted his son to be a uniformed officer and with a view to fulfilling his father‘s

desire he made an attempt at National Defense Academy‘s examination but could

not succeed.However,he easily got through a competitive test for the post of PSI in

2001 with an initial emolument of R.S. 8000 a month much lower than his salary

from a job in a private firm and served at different police stations under

Gandhinagar range. His sweet and bitter experiences in the police force have made

him somewhat pessimist and he would not like his son to join the police. He had a

tough time to deal with the accused facing charges under non baillable offences

because of interference from a village sarpanch who was close to the power that

be. Acting as per the law of the land, landed him in the place considered to a

punishment for a recalcitrant police officer. In other words he was shifted from

one police station to another at far away location for not capitulating before an

influential sarpanch.

The Lok Rakshaks (L.R.D.) appointed on consolidated monthly emoluments

of R.S. 4500 prior to their confirmation as regular constables with full pay, are not

supposed to attend duty on public holidays. However, it is found during the study

that they are also overstretched since they can not refuse to attend duty on holidays

without benefit of leave salary on the lines of regular constables with the sole

purpose of keeping their boss pleased. They are entitled to a meager amount of

daily allowance of R.S. 30 for out station duty. While a regular constable gets R.S.

55 as daily allowance for out station duty. The Lokrakshaks at Jamnagar A-

division and Keshod police stations in Jamnagar and Junagadh districts

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respectively provided informative and interesting input to the researcher on their

working and living conditions. They are young, educated with graduation or post

graduation level qualification and most of them possess at least working

knowledge of computer operation. Thus, they are an asset to the police force and

there is no denying the fact that the force will be immensely benefited when these

chaps are absorbed on regular basis in the constabulary.

There is a provision for payment of ―leave salary‖ up to the rank of assistant sub-

inspector in Gujarat for performing duty on public holidays and this is indeed a

source of incentive for them to work to their fullest capacity. The constables in all

the seven police ranges of Gujarat are found to be overstretched because of longer

and odd duty hours.

The feeling of dissatisfaction is noticed in a section of the police constables over

fixation of their salary on ―pay to pay scale‖ by the state government vide finance

department‘s G.R. at 12/2/2009 as part of acceptance and implementation of the

sixth pay commission of Government of India with effect from 1st June 2006.

Their demand was to get pay scale of Rs.3050-75-3950-80-4590 in place of the

scale of Rs.2750-70-3800-75-4000 which was with effect from 1st January 1996 to

30th

May 2006 i.e. prior to implementation of the sixth pay commission.

However, as per ―the scale to scale‖ fixation, the constables in Gujarat are getting

pay band 1(5200-20200) with grade pay of Rs.1800. Had the fixation been done as

per their long pending demand their scale would have been pay band 1 with grade

pay of Rs.1900.

A senior police officer pointed out this lacuna to the researcher during interaction

with him as part of the present study.

The researcher found during conversation with constables, while getting the

questionnaires filled at different police stations, little less than fifty percent of the

constables are ignorant of this fact and they seem to be satisfied with their present

emoluments as per the recommendations of the sixth pay commission.

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Out of the 584 respondents 252 have expressed satisfaction with their existing pay

packet, and 311 respondents are not satisfied with the quantum of their

emolument/income from their present job in the police force.

Uniform - The constables up to the rank of A.S.I s are provided their uniform

free of cost by the government. The most of the constables interviewed by the

researcher have expressed dissatisfaction over the quality of cloths and a section of

the constables prefer to purchase an extra pair of uniform on their own. Whereas

PSIs and P.I.s are eligible to quadrennial allowance of RS 1000 for uniform.

( every four year-/R.S. 250 per year) A Police inspector jocularly remarked that

this meager amount is not adequate to purchase even a pair of a branded sox.

The constables are also periodically provided a mosquito net, whole boot, belt,

boot police, a lathi, woolen coat and rain coat. The constables seem to be quite

satisfied with the quality of a woolen coat supplied them recently.

Most of the constables interviewed by the researcher possess certain household

items like refrigerator, T.V, basic furniture and a two wheeler etc which are

considered to be a part and parcel of a lifestyle of a middle income group in the

twenty first century.Some constables have managed to purchase a second hand

four wheeler which they use for commute between their residence and office. A

small number of police constables possess a jeep for ferrying passengers and

thereby make an extra income.

It is also observed that most of the constables do not want to indulge in corruption,

bribery and extortion but some of them frankly conceded that they have to take a

recourse to ―need based corruption‖ to meet day to day expenses as part of

―customary practices‖ associated with working culture of the police force.

A P.S.I. serving at the police station near a famous pilgrim place under Vadodara

range, informed the researcher that he has to manage luch, breakfast and

refreshment like tea, coffee and ice-cream etc for a number of VIP pilgrims, which

cost him around R.S.15000 to R.S. 20,000 per month. A local business man, with

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whom the respondent P.S.I. enjoys personal rapport and friendship, takes care of

such expenses with the sole motive of being helpful.

It is also found during the study that the police men earn some extra money

besides their legal source of income, during investigation of cognizable offences

for filing of charge sheet in a court so that an accused in judicial custody may get a

bail. In of the cases the relatives of an accused under police custody are willing to

cough up a few thousand rupees in lieu of basic facilities like home made food,

staying in the police station without being sent in lock up and allowing to have tea-

coffee as and when desired by the accused under arrest.

This is not to justify corruption but the basic idea is to drive at home a point that

corruption among the personnel in the constabulary is not as enormous as is made

out in the media.

It is observed that corruption in police gets highlighted because of direct public

contact and one way corruption unlike among the government employees

belonging to other departments where people may like to pay money in lieu of

getting their work done hassle free and speedily.Whereas, the constables have to

be paid either by the complainants for getting F.I.R.lodged, or by the accused for

getting some facilities at the police station while under custody as pointed out

above.. The traffic police get money for letting go a person without being fined as

per the rules and under fined for traffic rules violations.

However, most of the constables are found to be by and large upright and want to

live a peaceful life without indulging in wrongful deeds. In this context, the case

study of a head constable at Bhavnagar- A division police station in Bhavnagar

district under Junagadh range is really eye opener for those who are under a wrong

impression that the whole constabulary is corrupt and depraved.

A head constable met the researcher in a government office in Bhavnagar during

his visit in connection with some other official work not related to the present

study and by chance, the police man entered into discussion on corruption in

government offices which generated interest in the researcher resulting in to

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impromptu interview on the present study. Thus, this case study is done in natural

course and the interviewed head constable provided input to the researcher without

any preparations and consultation with his colleagues. A son of a sweeper of

Bhavnagar municipality, he joined the constabulary in 1989 as a constable in

Bhavnagar out of sheer need to get employment by dropping out of a science

college without completing B.Sc. (Maths). He had to support his two brothers and

the nature of his job did not permit him to pursue his study further. However, he

continued his hobby of reading books on different and diverse topics while

performing his arduous duty of almost twelve hours a day. He is fully satisfied

with the emolument he gets as per recommendations of the sixth pay commission.

He vouched that he never expects and accepts bribe money for any work he does

as part of his duty as a head constable looking after serving of summons to the

concerned parties. He narrated an anecdote of being offered R.S. 300 by an officer

of a public under tanking at the time of serving him a court‘s summons. He told

the officer offering him money, in no uncertain terms that he neither expected

money nor ac the rarest of rare constables who refuse money despite all

allurements and being offered by the people without a demand for the same. He

also informed the researcher that he was totally free from any addiction like

tobacco chewing. Smoking and liquor consumption despite belonging to a

community known for liquor addiction. He believes that L.C.B.- S.O.G. and R.R.

cell are only money mint for corrupt and extortionist elements in the constabulary.

A father of a son studying in standard 9th

(English medium) and a daughter in

English medium primary school, he feels and is convinced that one can leave

happily and with a sense of self respect without indulging in corruption even in the

service of the police force. The researcher learnt the philosophy of life from this

head constable who opined at the end of this impromptu interview that those

government employees who do not indulge in corruption are looked after by God.

Perhaps this study case provided the most pleasant moments for the researcher

among all case studies and interviews throughout his research works spanning

over almost two and half years. The researcher has also come across some

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policemen who would not like to serve anywhere except in LCB, R.R. Cell. Or

S.O.G.only due to extraneous reasons. –

In an attempt to know the difference between monthly income of an experienced

constable and a fresh/newly recruit constable; pay slips of two policemen serving

in Gandhinagar dist.have been obtained and the details of monthly income of three

constables, the two with two decades of service and the one who has been recently

absorbed in the constabulary after completion of five years as a Lok Rakshak.are

reproduced here:- Table:-7

OFFICE OF THE SUPRINTENDENT OF POLICE, GANDHINAGAR

PAY SLIP FOR THE MONTH OF 8/2010 (A constable with twenty years of service)

PLACE OF POSTING H.Q. T.V.NO.

NAME: XYZ APC B.NO. 000-

A/C NO. POL HBA A/C NO. oooo MCA A/C NO. 0

PAN NO. AA- BANK NAME & A/C NO. S.B.I MAIN BRANCH, GNR.

ALLOUNCE AMOUNT DEDUCTION AMOUNT NON GOVT.DED AMOUNT

1. BASIC PAY 8530 1. INCOME TAX 0 1.CREDIT REG. 0

2.GREADE PAY 2000 2. BUILDING RENT 0 2.CREDIT ADV. 0

3.SPL PAY 0 3.P.TAX 200 3.WELFAIR REG. 0

4.F.P.INCREMENT 70 4.GOVE.INSURENCE 100 4.WELFEIR ADV. 0

5.DEARNESS ALL 60 5.G.P.E REGULAR 1100 5.BANDHU REG. 0

6.SPL ALL 60 6.DA IN GPF 0

7.HOUSE

RENTIALL

2106 7.G.P.F ADVANCE 0

8.MEDICAL ALL 100 8.DIWALI ADVANCE 0

9.CYCLEALE 20 9.IDD ADVANCE 0

10.WASHING ALL 25 10.NATAL ADVANCE 0

11.TRANSPORT

ALL

400 11.FOOD ADVANCE 0

12.C.L.A 240 12.MCA 0

13.I.R 0 13.HBA PRINCIPAL 833 137 180

14.COMMANDO

ALL

0 14.BICYCLE

ADVANCE

0

15.MISC.DEDUCTION

GROSS PAY 17237 TOTAL DEDUCTION 2233 NET PAY 15004

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Table:-8

OFFICE OF THE SUPRINTENDENT OF POLICE, GANDHINAGAR

PAY SLIP FOR THE MONTH OF 11/2010 (A constable with nineteen years of service)

PLACE OF POSTING H.Q. T.V.NO.

NAME: XYZ APC B.NO. 000-

A/C NO. POL HBA A/C NO. oooo MCA A/C NO. 0

PAN NO. AA- BANK NAME & A/C NO. S.B.I MAIN BRANCH, GNR.

ALLOUNCE AMOUNT DEDUCTION AMOUN

T

NON

GOVT.DED

AMOUNT

1. BASIC PAY 8360 1. INCOME TAX 0 1.CREDIT

REG.

0

2.GREADE PAY

2000 2. BUILDING RENT

0 2.CREDIT ADV.

0

3.SPL PAY 0 3.P.TAX 200 3.WELFAIR

REG.

0

4.F.P.INCREMENT

60 4.GOVE.INSURENCE

100 4.WELFEIR ADV.

0

5.DEARNESS

ALL

4662 5.G.P.E

REGULAR

4000 5.BANDHU

REG.

0

6.SPL ALL 60 6.DA IN GPF 0

7.HOUSE

RENTIALL

- 7.G.P.F

ADVANCE

0

8.MEDICAL

ALL

100 8.DIWALI

ADVANCE

0

9.CYCLEALE 20 9.IDD ADVANCE 0

10.WASHING

ALL

25 10.NATAL

ADVANCE

0

11.TRANSPORT ALL

400 11.FOOD ADVANCE

0

12.C.L.A 240 12.MCA 0

13.I.R 0 13.HBA

PRINCIPAL

- - -

14.COMMAND

O ALL

0 14.BICYCLE

ADVANCE

0

15.MISC.DEDUC

TION

GROSS PAY 15867 TOTAL

DEDUCTION

4300 NET PAY

11567

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Table:-9

Pay slips Month 8/2010.

Name-xyz - (A new constable)

ALLOWANC

E

AMOUN

T

DEDUCTION AMOU

NT

NON

GOVT.DED

AMOUN

T

1.BASIC PAY 5200 1. INCOME

TAX

0 1.CREDIT

REG.

0

2.GREADE

PAY

1800 2. BUILDING

RENT

0 2.CREDIT

ADV.

0

3.SPL PAY 0 3.P.TAX 150 3.WELFAIR

REG.

0

4.F.P.INCRE

MENT

0 4.GOVE.INSU

RENCE

100 4.WELFEIR

ADV.

0

5.DEARNESS

ALL

1890 5.G.P.E

REGULAR

0 5.BANDHU

REG.

0

6.SPL ALL 60 6.DA IN GPF 0

7.HOUSE

RENTIALL

0 7.G.P.F

ADVANCE

0

8.MEDICAL

ALL

100 8.DIWALI

ADVANCE

0

9.CYCLE -

ALL

20 9.IDD

ADVANCE

0

10.WASHING

ALL

25 10.NATAL

ADVANCE

0

11.TRANSPO

RT ALL

100 11.FOOD

ADVANCE

0

12.C.L.A 150 12.MCA 0

13.I.R 0 13.HBA

PRINCIPAL

0

14.COMMAN

DO ALL

0 14.BICYCLE

ADVANCE

0

15.MISC.DED

UCTION

GROSS PAY 9345 TOTEL

DEDUCTION

250 NET PAY

9095

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With a view to getting input on a monthly income of a P.S.I with 10 years of

service as constable and almost similar length of service as PSI, after clearing a

test for departmental PSI examination, a pay slip of a PSI is obtained and

reproduced below. Table:-10

OFFICE OF THE SUPRINTENDENT OF POLICE, GANDHINAGAR

PAY SLIP FOR THE MONTH OF 8/2010 --- (A PSI with twenty one of service in the

constabulary)

PLACE OF POSTING; A Police station Gandhinagar, dist T.V.NO.

NAME: XYZ APC B.NO. 000-

A/C NO. POL HBA A/C NO. oooo MCA A/C NO. 0

PAN NO. AA- BANK NAME & A/C NO. S.B.I MAIN BRANCH, GNR.

ALLOUNCE AMOUNT DEDUCTION AMOUNT NON

GOVT.DED

AMOUNT

1. BASIC PAY 12940 1. INCOME TAX 0 1.CREDIT REG. 0

2.GREADE PAY 4200 2. BUILDING RENT 0 2.CREDIT ADV.

0

3.SPL PAY 0 3.P.TAX 200 3.WELFAIR

REG.

0

4.F.P.INCREME

NT

0 4.GOVE.INSUREN

CE

200 4.WELFEIR

ADV.

0

5.DEARNESS

ALL

7713 5.G.P.E REGULAR 2500 5.BANDHU

REG.

0

6.SPL ALL 75 6.DA IN GPF 0

7.HOUSE

RENTIALL

0 7.G.P.F ADVANCE 0 0

8.MEDICAL

ALL

100 8.DIWALI

ADVANCE

0 0

9.CYCLEALE 0 9.IDD ADVANCE 0

10.WASHING

ALL

40 10.NATAL

ADVANCE

0

11.TRANSPORT

ALL

0 11.FOOD

ADVANCE

12.C.L.A 240 12.MCA

13.I.R 0 13.HBA

PRINCIPAL

14.COMMAND

O ALL

0 14.BICYCLE

ADVANCE

0

15.MISC.DEDUCTI

ON

GROSS PAY 25308 TOTAL DEDUCTION

2900 NET PAY 15004 22408

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Thus it can be concluded that a newly recruit constable gets around R.S.9500-

10,000 towards monthly salary and after completion of almost two decades of

service in the constabulary he gets around R.S. 23000 as monthly salary which

includes benefits of higher scale as per the state government policy. A constable,

who gets elevation to the post of PSI through either promotion, gets around

R.S.25, 000 per month towards salary. A direct recruit unarmed PSI gets a

consolidated emolument of R.S.of 6000 initially for a period of five years.

Whereas a direct recruit armed PSI gets a full pay in the existing pay band soon

after his pre service training is over. This is prima facie an anomaly.

The prospects for promotion in the constabulary are not good and a constable has

to serve in the same rank for almost twenty years in most of the districts

A direct recruit P.S.I. used to get promotion to the post of a police inspector after

almost twenty years of service in the same rank.However, the P.S.I.s recruited in

the year 2001, were lucky enough tobe elevated to a higher rank of Police

inspector after eight years of service owing a decision of the state government to

fill up the vacant posts on urgent basis.

A district wise seniority is separately maintained up to A.S.I. level,

understandably, the lack of prospects for promotion, in the constabulary creates a

sense of frustration and unwillingness to perform to one‘s fullest capability among

the constables.

The following charts show the percentage wise monthly income and level of

satisfaction among the police personnel from the rank of a constable to a PSI

interviewed by the researcher as part of the present study.

The charts at the next page indicates economic status of the constabulary as per the

survey conducted during the study.

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Chart-11

Chart-12

Chart-13

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Chart-14

Chart-15

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CHAPTER – V

POSTING AND TRANSFER

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There are some slots in the district police and the commissionerate of police in big

cities like Ahmedabad, Surat, Vadodara, and Rajkot and also in the office of the

Range IGs/DIGs which are considered to be strategic and are always sought for

being posted by ambitious police personnel who not only want to make a visible

dent in the society but also make fast buck.

A posting in the detection of crime branch, SOG and traffic branch in the

commissionerate, rapid response cell (RR cell) in the office of a range IG/DIG,

quick response cell and local crime branch (LCB) is considered to be ―a jackpot‖

by the police personnel ranking from a constable to a police inspector.

However, it does not necessarily mean that posting to such so called significant

places fetch undue advantages for all. There are some honest and upright police

constables who seek placement to such slots not out of greed for pecuniary

benefits but out of zeal to prove their efficiency and capability as a police

constable.

It is found during interview of a number of police constables that there is a general

impression that the so-called significant slots in the police are occupied by some

influential police personnel having powerful links with political leaders and senior

police officials.

The researcher made attempts to study these phenomena objectively without an

iota of prejudgment or prejudice and observed that the general impression

regarding placement of influential police personnel at so-called important slots in

the L.C.B, R.R. cell, DCB and traffic branch is at least partially correct and not

entirely unfounded. The researcher found some specific cases of posting to such

places reserved only for those constables who can manage and maneuver the

things in their favor.

The researcher found during interaction with some well meaning constables, that a

section of influential constables and the personnel holding a higher rank serving in

the above mentioned lucrative and coveted branches defame and discredit the

entire force. They are not only hand in glove with undesirable elements like

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gamblers and bootleggers but also virtually pressurize the in charge of the entire

police stations in a district to be lenient with such elements. In the police jargon; a

constable managing illegal income from bootleggers/gamblers, other anti social

elements and accused under police custody during investigation, on behalf of his

seniors is known as ―Vahivatdar‖.

However, there are some exceptional IPS officers who issue posting /transfer

orders purely on merits without any extraneous considerations.

The researcher got an opportunity to discuss this sensitive issue with a senior

I.P.S.officer serving as I.G.P. of one the police ranges in the state. He frankly

expressed his views against this unhealthy practice of thrusting recalcitrant

constables and up to the rank of police inspector for posting to the above referred

most sought after branches.

There is a need to frame rules/guidelines to prevent placement of any police

officer for not more than 5 to 7 years to some of these so-called ―lucrative‖ slots

even if such a posting is made intermittently. The total number of years should not

exceed the prescribed time limit throughout one‘s service. This may prevent

degeneration and depravation of the significant branches in the state police.

As per guidelines of the government no employee should be transferred from the

place of his work in the middle of an academic year, so that education of his

children is nit affected. However, it is observed that constables are some times

transferred all of a sudden which causes a great seal of hardships to his family

members.Ofcourse, a constable is under normal circumstances transferable within

a district only. But a sudden transfer from one police station to another located at a

considerably far distance (50-60 K.M.) within a district may put him in trouble. A

P.S.I is transferable outside a district and his sudden transfer in the middle of an

academic term may disturb his family. The researcher studied a case of a PSI who

was shifted from Gandhinagar in the middle of an educational term which put his

collegian children into a great hardship and the PSI had to bear expenses for

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running “the two houses”. Besides this, he got a notice from Road & Building

deptt. to vacate his government quarter in Gandhinagar.Since he had no other

option but to occupy a government quarter even after his transfer because of his

children’s education, a notice was slapped on him for recovery of an exorbitant

market rent.

The transfer and posting of lower rung police men is a sensitive issue which

should be tackled carefully and with a human touch. As far as it is possible the

government guidelines in this regard should be adhered to.

The Indian Express 18 Feb-2011.

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CHAPTER – VI

ORDERLY SYSTEM IN POLICE

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The dictionary and the thesaurus meanings of the word ―orderly‖ are as follows:-

Adjective

1) -a- Free from disorder, neat- an orderly room

-b- Having a systematic arrangement – an orderly universe

2) Marked by or adhering to method or system – orderly in the upkeep of his

rooms

3) Devoid of violence or disruption, peaceful – an orderly transition of

governments

Noun – Pl. – orderlies

1) an attendant who does routine non medical work in a hospital

2) A soldier assigned to attend and perform various tasks for a superior officer

A Soldier who serves as an attendant to a superior officer – ―The orderly lays out

the general‘s uniform‖. Adjective – Systematically- regularly

The orderly system was first introduced during the British rule in 1861. In the

absence of communication facilities at that time, the idea was to ensure that the

services of policemen were available for the officer to act quickly in case of any

law and order problem The Gujarat Police Manual (Volume-1) provides that

orderlies including officer‘s orderlies, court orderlies, Bank orderlies wireless

orderlies, telephone orderlies are placed in the combined list of duties to be

performed both by armed and unarmed police.

However, there is a popular belief that this colonial practice of engaging police

constables and home guards as ―orderlies‖ has of late degenerated into misusing

their senior police officers services as domestic servants at the homes of senior

police officers.

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There is also a new problem so; that both the experienced policemen and newly

recruits are made to serve as domestic servants for doing the works like washing

and ironing clothes, gardening, cooking, bringing day to day groceries and

vegetables from the market, brooming a large house, taking care of kids, driving

private vehicles of police officer‘s relatives and many other things which are not

parts their official duty. The government of Andhra Pradesh took a drastic step of

abolishing the orderly system – a demeaning colonial practice in September 2009;

in the wake of death of an armed reserve constable, under mysterious

circumstances while on duty as orderly at the residence of an Additional Director

General of police.

A shocking incident of the constable‘s death exposed an inhuman element

associated with the feudal system and it evoked a widespread public outcry and

outrage against it. The Andhra Pradesh government did not indulge in

prevarication on this issue and took a bold decision to do away with orderly

system.

In Gujarat the orderly system has been in vogue in the police force since inception

of the state in 1960 and it has become a matter of controversy since it is misused

by a section of senior police officials.

The investigator found during his interaction with a number of police constables

during visits to various police stations that some police officers get more than half

dozen of police constables engaged as their orderlies and make them serve for

various works, as against a provision of one orderly on shift basis for the police

officers of the rank of deputy superintendent of police to deputy inspector general

of police. Whereas the police officers of the rank of IGP and above are entitled to

get one more orderly.

In other words a police officer of the rank of Deputy Superintendent and above is

entitled to get services of an orderly round the clock and an orderly is relieved by

the other at the end of his shift of eight hours.

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The official duty of an orderly is to help the police officer to keep his uniform and

other articles and paraphernalia neat and clean and also to help him in case of any

exigency. Misusing an orderly as a domestic attendant is not in consonance with

the letter and spirit of this 150 years old practice in the police force.

During interaction with the investigator some senior IPS Officers expressed their

views to the effect that the orderly system in the present form must go. However,

sub divisional police officer, dist Superintendent of police etc are themselves

deemed police station in their jurisdiction and therefore such field officers should

have the assistance of one constable [orderly] round the clock.

Some police officers opined that senior police officers should be given an

attendant allowance in lieu of services of an orderly; on lines with senior IAS

officers and misuse of an orderly as a domestic servant must come to an end.

It was, however observed by the investigator that most of the senior police officers

and their Family members have been accustomed to orderly system so much they

are not inclined to forgo this ―Facility‖.

Moreover, it has enormous financial implications; since most of the orderlies are

drawn from the regular constabulary – both armed and unarmed constables. Thus

an orderly serving at the house of a senior police officer; costs at least Rs. 8000/-

to Rs. 20,000/- per mensum to the state exchequer; taking into consideration his

monthly emolument as a constable.

The researcher tried to ascertain veracity of sweeping charges regarding misuse of

orderly system in Gujarat police during informal conversation and personal

interview with at least a dozen IPS officers, middle level police officials who are

not entitled to an orderly and also those who have served as orderly in the past.

It is found during the study that most of the IPS officers in Gujarat are sensible

enough not to inflict ill treatment to their orderly. Nevertheless, some officers

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engage more police constables as orderly at their residence for various types of

works which results an enormous financial implications.

The case study of a police sub-inspector presently posted in Gandhinagar is very

interesting and inspiring. He belongs to S.C.and being one of the children of an

unemployed drunkard father started his earning livelihood with zilch in 1973, by

doing boot police and other casual labor works with a daily income of about one

rupee; Soon after dropping out from school.

However, he could clear the test for an armed police constable in Gandhinagar

district on the basis of his education up to standard 7th

; in January 1981. His

initial pay was R.S. 335 per month and he was assigned to work as an orderly of

different IPS officers for almost five years. He shared some anecdotes as an

orderly with the researcher, which has convinced him that there are some good

Samaritans in the IPS of Gujarat cadre. He was supposed to keep uniform of the

IPS officer ready to wear at the time of going to office, entertain the guests with

tea, coffee and snacks and to attend telephonic calls from the general public and

police officers. He was never expected to do anything like cleansing vessels,

washing clothes, brooming rooms which a domestic servant normally does.

Once the daughter of an IPS officer asked the respondent serving as an orderly, to

supply him a glass of water in her reading room. Naturally, she was immediately

provided water by the respondent but her father happened to come to her reading

room all of a sudden and having seen the orderly with a glass of water,

immediately asked his daughter not to issue any order to his orderly on the ground

that he was not a domestic servant. Thus he was treated nicely and decently as an

orderly by his IPS boss.

Later on the same IPS officer encouraged and inspired his orderly to learn how to

drive a four wheeler and obtain a driving license, which enabled him to be

elevated to the post of head constable and he served as a driver in Motor

Transport section (MT), rapid response cell in the office of Special IGP of a range

and a police station in Gandhinagar district from 1993 onwards. Being a father of

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four children- three sons and a daughter he had to struggle to make both ends

meet. One of his sons was brilliant in study and wanted to be a doctor. A senior

IGP of a range under whom this police man was working as a driver paid his

son’s tuition fees for a private coaching class and his son obtained distinction in

Higher Secondary certificate examination and presently, he is in the last but one

semester of M.B.B.S. in NHL Municipal Medical College, Ahmedabad.The other

two sons are in the constabulary and the only daughter, a graduate in commerce is

a house wife.

After completion of five years in the cadre of head constable, he became eligible to

appear for the test for the post of PSI. He was fortunate enough to get through it

and to adorn the uniform of a PSI in the year 2007. It is a saga of successful

journey from pecuniocity to prosperity by a son of a farm labor in a small village

near the state capital. Today this police man who was an orderly at the residence

of an IPS officer is P.S.I with security branch of the state secretariat; getting

salary of about R.S. 22000 a month. He is well to do and quite satisfied with his

present economic condition and social status. He candidly concedes that he could

have not have achieved success in life without encouragement and timely help

from two IPS officers under whom he worked as an orderly and a driver

respectively. This case study bears testimony to magnanimity and benevolence on

the part of some IPS officers who treat their orderly as a family member and help

him become prosperous.

However, there is a totally different story also. The researcher came to know

during the present study that a deceased IGP level officer used to get excreta of his

pet dog cleared from his orderly.

A senior IPS officer of the rank of Add.DGP stated during his interview by the

researcher that an orderly is a must for a superintendent of police, DIG/IGPs who

themselves are deemed police stations to carry out their duty properly. However,

the orderly system in the present form, according to the respondent, must go. The

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orderly system is required to be seriously reconsidered in the larger interest of the

Gujarat police.

Instead of using services of more than one regular police constable as orderly at

the house of a senior police officer, a suitable alternative like attendance allowance

or creation of a separate cadre of orderly may also be considered.

Secondly; there should be unambiguous norms for permitting only one regular

constable to serve as orderly and not for any extra domestic work.

Utilizing services of more constables as orderlies than permissible limit should be

treated as an act of violation of norms/indiscipline so that dignity of a constable‘s

post is well maintained.

However; it is observed during the present study that the constable who serve as

orderly are quite happy and satisfied with their job since it is without their routine

strenuous and tiresome duty.

Some constables have become accustomed to serving as ―orderly‖ so much so that

they would not like to be shifted to their routine duty.

One‘s identification as an ―orderly‖ of a senior IPS official sometime carries

weight in the market and is considered a status symbol. The researcher found that

some Assistant Sub Inspector level police men who get one star on their shoulder

badge as part of uniform and enjoys a considerable status at a police station also

opt for serving as an ―orderly‖ to posting at a police station though it is not

permissible to do so officially. It is found during the research that as part of

solution to this administrative problem, an unofficial internal arrangement is made

to pay emoluments of an A.S.I. from the place of his official posting while

allowing him to serve as an ―orderly‖ at an IPS officer‘s residence.

There is a feeling of satisfaction among the constables who serve as ―orderly‖ and

there is virtually no compulsion on them to perform the duty of an orderly.

However, this colonial practice causes an enormous financial burden on the state

exchequer and it further worsens the problem of a shortage of regular constables in

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the state police force. Therefore an urgent need is felt to create separate posts of

orderly so that the regular constables could be asked to perform their bounden

duties in the police force, instead of wasting their energy and abilities in doing

house hold duties at residences of senior police officers. The process of creating a

separate cadre of orderly in Gujarat has been initiated, but most of the police

officers and their family members seem to be in favor of retaining the existing

system.

These are the objective observations and findings of the researcher on the Orderly

system; during the present study.

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CHAPTER – VII

Prohibition policy its pros and cons

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A man‘s craze for intoxicating drinks like liquor, toddy cannabis and psychotropic

substances like opium, poppy, cocaine e.t.c.goes back to the ancient period when

gods were also said to be relishing a drink known as ―Somras.‖

There are separate chapters on ―maydyapan‖ in Ayurvedic treatises, Charka

sanhita, and Shushruta sanhita which indicates that the habit of drinking has been

associated with the mankind for centuries.

The British brought with them the European drinking habits which spread among

the military and elite social groups in India and continues tobe a well accepted

tradition even today among particular groups. However, the economically

backward classes have to opt for cheaper drinks resulting into hooch tragedies

periodically. It is also a fact that there have been endeavors to create awareness

against consumption of liquor and other intoxicating drinks and the principal

religions of India do not encourage it.

As is well known; Gujarat being the land of Mahatma Gandhi has adopted the

prohibition policy since its inception in 1960 and it is as a matter of fact an

emotional issue not only for the government but also for the society as a whole and

that is the reason why no liquor baron can convince the Gujarat government to

relax this policy which is criticized by many eminent persons on the ground of its

impracticability.

Despite prohibition policy consumption of liquor by a section of policemen is so

serious that those who are addicted to liquor are found to be in a state of

inebriation even when they are on duty. Despite prohibition policy consumption of

liquor by a section of policemen is so serious that those who are addicted to liquor

are found to be in a state of inebriation even when they are on duty. Addiction of

liquor, understandably, has an adverse impact on the health of the constables. It is

found during the present study that though in a small number; the constables

addicted to alcoholic drinks are a shame on the police force. They are not able to

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perform their duty so efficiently as they are supposed to; since their health

deteriorates at a comparatively young age.

The staunch supporters of the prohibition policy vehemently oppose its relaxation

on the premise that it is in consonance with the Gandhian philosophy and peaceful

law and order situation in Gujarat could be attributable to this policy.

Whereas the opponents of the prohibition policy mock at it on the ground that

liquor is easily available at a premium and it is a mint for corrupt officers

associated with its implementation.

The researcher‘s limited object was to study pros and cons of the prohibition

policy in respect of its effect on the constabulary in Gujarat.

In this context, the researcher perused the report on PROHIBITION POLICY

INQUIRY COMISSION REPORT by Shri, N.M.MIYABHOY, Retired Chief

Justice, Gujarat High Court, Ahmedabad, 1983. The gist of the report is as

follows.

After Mahatma Gandhi arrived in India from South Africa, and took up the

leadership of the nation for emancipating it from the British yoke, one of the

important things which he observed was the miserable condition of the people and

the extreme poverty in which a majority of the population lived. Mahatmaji came

to the conclusion that one of the causes for this miserable condition and poverty

was the evil of drinking. Mahatmaji formulated four items of programme which he

considered essential for the nation to adopt. He formulated those four items not

only in the fight of emancipation from the foreign rule but also for use even after

the freedom was won. One of these four items was the item of prohibition.

Mahatmaji not only formulated the prohibition policy but also gave it a top

priority. He stated that if he was made an autocrat for a period sufficient for

tossing a lemon, the first thing that he would do would be to close all liquor shops

and pay no compensation for such closure. The prohibition was not only a measure

of policy with Mahatmaji but an article of faith. Mahatmaji considered the habit of

drinking as an evil in itself. Therefore, he advocated that measures must be

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devised to root out this habit, lock, stock and barrel, and that, in order to achieve

this; a soft police was not enough. He believed that complete prohibition would

only redeem people from the clutches of this evil. Therefore, before independence

was won, under Mahatmaji‘s leadership a band of sincere and constructive

workers began to work in Gujarat to redeem the people from the evil of drinking.

They bought about consciousness amongst the people against the drinking habit.

One of the methods employed by Mahatmaji was that of picketing at liquor

booths. The intensity of the feeling of Mahatmaji on this subject can be gathered

from the fact that he undertook the risk involved in posting women, belonging to

highly respectable families as pickets of liquor booths. This band of workers was

successful in creating a suitable atmosphere in favour of prohibition in Gujarat.

When the provincial Government came to be introduced in India, and the Congress

Government came into power in 1937, the then Bombay State, inspired by the

ideals of Mahatmaji, decided to embark upon a policy of prohibition by stages.

There are reasonable grounds for believing that this experiment was highly

successful, specially in those areas where intensive propaganda work by

constructive workers preceded such experiment. After the commencement of the

World War II, when the congress Government in the state went out of power, the

above policy was reversed in the then Bombay State and therefore the prohibition

policy received a set back. However, when the popular government again came

into power in or about 1946, the Act was passed in 1949.The policy underlying

this Act more or less that of complete prohibition and drinking of an intoxicant

was made a criminal offence. When the Constitution came to be framed in 1950,

Article 47 was incorporated therein which, as already indicated, included amongst

its directive principles, the policy of prohibition. Prohibition was introduced in

Saurashtra in 1950 by the then Saurashtra State. The erstwhile Kutch State

introduced prohibition in Kutch in or about 1056. After the merger of Saurashtra

and Kutch in the then Bombay State in 1956, all the rules, notifications and orders

in force in the then pro-organised State of Bombay were made applicable to

Saurashtra and Kutch also and thus, the law relating to prohibition was made

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uniform in such pre-organised State of Bombay. The then Bombay State was

bifurcated in 1960 and the present Gujarat State came into existence in that year.

Thus, when the Gujarat State was formed, prohibition was in existence in all its

territories including Saurashtra and Kutch.

After the prohibition Act was enacted in the State of Bombay, the State faced a

number of legal and other difficulties in implementing the scheme of prohibition.

The Bombay High Court and the Supreme Court held that the restrictions enforced

by the prohibition Act on medicinal and toilet preparations, containing alcohol,

were unreasonable and that, therefore, they offended against the fundamental right

of the citizens. With the removal of the restrictions on these preparations, several

tinctures, containing high percentages of alcohol, were poured into the market. The

Government tried to avoid this by restricting the quota of alcohol to alcohol

manufacturers and to limit the manufacture of items which were being misused in

the State. The Act was amended by empowering the State to regulate the

manufacture, sale, import, etc. of preparations which were being misused or which

were capable of being misused. It was also noticed that spirituous preparations

were also being misused. To tackle this problem the Central Government enacted

in 1955 a law called, the spiritus preparations (inter State Trade and Commerce)

Control Act. This Act brought under control import into Gujarat of certain

preparations from other States. It was also noticed that certain drugs also were

being misused. The Bombay Drugs (Control) Act of 1959 was passed to control

the sale of such drugs.

However, the above pieces of legislation did not solve the problem of misuse of

toilet preparations. Such preparations were imported in large quantities from other

States. Therefore, the Central Government declared the use of Eau-De-Cologne as

a spirituous preparation under the Spirituous Preparations (Inter-State and

Commerce) Control Act, 1955. The Central Government also amended the

Cosmetic rules of 1945 requiring manufacturers of Eau-De-Cologne and such

other alcoholic fragrances to add 1 per cent Dienthyl Phathalate in the alcohol used

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in the manufacture of such preparations to make them unfit for potable purposes.

The State Government also framed rules under the Gujarat Articles Unfit for Use

as Intoxicating Liquor (Manufacture and Import Regulation) Rules, 1965.

The result of the above actions was to check, to a certain extent, misuse of

spirituous preparations.

It was also noticed that large quantities of quantities of denatured spirituous

preparations such as French polish and major portion of such imported stuff was

being diverted for drinking purpose. The Government met this challenge by

framing the Gujarat Denatured Spirituous Preparations Rules which imposed

restrictions on manufacture, sale, import, transport, and possession etc. of these

preparations.

Later on, it was noticed that thinner and certain other preparations were also being

imported and misused. Therefore, the denatured spirituous preparations were also

brought within the purview of the Gujarat Denatured Spirituous Preparations

Rules, 1962.

At a later stage, it was noticed that opium addicts resorted to the use of dried

poppy capsules. To meet this challenge, the Government framed the Gujarat

Poppy Capsules Rules of 1963. It is a fact that the neighboring States of Gujarat

were wet created certain problems in the implementation of the prohibition policy.

Therefore, steps were taken to create dry belts between the State of Gujarat and the

surrounding wet States. The Government of Rajasthan closed all liquor shops

within a distance of 25 Kms. from the borders of the Gujarat State. The

Government of Madhya Pradesh, at first, created a dry belt of 3 Kms. which has

been subsequently extended to 10 Kms. After the Government of Maharashtra

diluted its prohibition policy, it created a dry belt of 5 Kms. between itself and the

state of Gujarat. This dry belt has been subsequently increased to 8 Kms. The

Central Government has taken steps to restrict import of foreign liquor to the

requirement of local population in the Union Territories of Div, Daman and Dadra

and Nagar Haveli.

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Toddy drinking, especially amongst the Adivasis, created problems in the

implementation of the prohibition policy. Therefore, Neera Scheme was

introduced by the then Bombay State in year 1950.Under this scheme, tapped

Neera is purchased on payment of cash and is collected at Neera centres. This

collected Neera is sold in the adjoining areas under suitable restrictions. Under the

scheme, the surplus Neera is converted into gur. At one time, there was very good

response to this scheme, though there are materials to show that there has been a

set back in the scheme in recent times.‖

PROHIBITION IS A PARTIAL SUCCESS ONLY.

There is well-nigh unanimity amongst the witnesses that prohibition policy has not

been a failure. This is conceded even by those who object to the prohibition policy

on principle. There is also well-nigh unanimity that prohibition has not been a total

success. Opinions, however, violently differ as to the extent of its success or

failure. One view is that the policy of prohibition has achieved that success which

one can expect from a socio-economic measure. On the other hand, another view

is that the policy has not yielded any appreciable results ay least in regard to those

sections of the society for whom the policy was intended to yield the maximum

results.

IS PROHIBITION AGAINST DEMOCRATIC PRINCIPLE?

One objection raised by the anti-prohibitionists is that prohibition is inconstant

with the democratic principle. The argument is that prohibition impinges upon the

right of the individual to choose his own food and drink. They contend that in a

democratic State, every citizen should have a right to decide for himself as to his

own mode of life ; that if a citizen intends to drink, even of an intoxicating kind,

the State, in a democracy, has no right to curtail that liberty.

. If a citizen resorts to a drink which results in a nuisance to his neighbors, It is not

correct to think that the State has no right to impinge upon his desire to drink.

Moreover, if a drink is of such a nature that it would injure the life or health of the

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drinker himself, even then, I have no doubt whatsoever that, even in a democracy,

the State has a right to intervene. When this question was put to the anti-

prohibitionists, with special reference to narcotics, such as cocaine, heroin or

opium, they had hardly any answer to give. The prohibitionists give the instance of

a poison and argue that, in every civilized country, if a citizen is minded to end his

life by taking poison, the State does intervene and legislate to punish an attempt to

commit suicide. Therefore, in my opinion, as a general proposition, it is not correct

to say that legislation in regard to an intoxicating drink is against the principle of

democracy. However, whilst this is so, there can be an honest difference of

opinion as to whether intoxicating drink is a drink of such a type that it should be

prohibited or controlled by legislation in a democracy. Whilst there can be no two

opinions in regard to such dangerous substances as cocaine, heroin and opium, it

has to be conceded that there can be two opinions on some other substances which

are dealt with by the prohibition law. Such other substances are those which come

within the definition of the tem intoxicant in that law.

The anti-prohibitionists contend that, even of interference of the State can be

justified in the matter of those dangerous substances; it is not justified in the

matter of those substances which cannot be described. They cite the instances of

western countries where alcoholic drinks are freely available. In my opinion,

though this is a circumstance, which doe require to be borne in mind, it is by no

means conclusive for determining the question as to which substance is to be

prohibited or controlled or not. The history culture and custom of the country in

which the question is to be decided, play an important part. The history of this

country has been that drinking has not been regarded as a commendable practice.

Tradition has been that drinking has to be eschewed. The major communities in

the country refrain from intoxicating drinks. The religion of an important minority

in the country not only prohibits drinking but regards it is sinful. However, if

prohibition is ultimately to be founded on these considerations, then, the State may

not be justified in imposing its will on other sections of the population which do

not believe in the above principles or which want break away from such principles.

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In any case, a civilized nation must bear in mind and consider the changes which

take place in social habits from time to time. The anti-prohibitionists contend that,

in an industrial age and especially in the context of heavy and arduous

occupations, if a citizen intends to resort to intoxicating drink to relieve him of

stress, an interference with his liberty to do so cannot be justified‖.

PROHIBITION IS A SOCIO-ECONOMIC MEASUERE.

However, the prohibition law is not merely based upon the history, traditions and

culture of Indian Society. The prohibition is conceived more as a socio-economic

measure. It is in the firm belief that prohibition would advance this particular

cause that the policy is conceived and enacted into a law. I propose to this topic

just in a moment.‖

IS PROHIBITION BESED ON SENTIMENTALISM?

Another objection which is raised by the anti-prohibitionists is that the policy of

prohibition rooted more in sentimentality than reason. This argument is advanced

especially with reference to Gujarat; Its contended that, if opposition in Gujarat to

intoxicating drink i analyzed, it will be found that it is based upon the sentiment

that MahataGandhiji advocated the policy of total prohibition. It is contended that

the proponents of the present prohibition policy hardly have given any reasonable

thought for the opposite view. There appears to be some justification for this

contention. However, the fallacy in the above argument is that it assumes that the

canon the Father of the Nation was based upon such a sentiment. There is not the

slightest doubt that the Nation was based upon such a sentiment. There is not the

slightest doubt that the conviction of Mahatmaji arose out of his contact with the

masses. He observed the misery which especially the poor and weaker sections of

the society suffered from ages. He was convinced that one of the main causes for

the miserable condition of the masses was their addiction to the evil of drinking.

Mahatmaji attached as much, if not more, It was for this reason that even, before,

freedom was won, he formulated the policy of prohibition as one of the main

planks for national re-generation. Therefore, it is not correct to say that the present

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policy of prohibition is the out-come of a sentimental feeling alone. Moreover, it is

not correct to say that the prohibition policy, as propounded in the constitution or

in the present prohibition law is borne out of or based on a sentimental feeling.‖

PROHIBITION AND DEMOCRATIC PRINCIPlE.

Having regard to the directive principal of prohibition, enshrined in the

Constitution, it is not open for any one to contend that the prohibition policy is an

infringement of the democratic principal or the principal of freedom. As already

indicated earlier, the Constitution directs the State to endeavor to bring about

prohibition of consumption of intoxicating drink. The mare fast that the other State

have not chosen to observe this directive or that some State sincerely believe that

such a policy cannot be fully implemented, may be one of the grounds for

consideration but it is certainly not a ground for contending that the introduction of

such policy means a breach of the democratic principal or the principal of

freedom. The fact that prohibition has not been made compulsory by the

Constitution and has been left to be implemented according to the discretion of

each State is again no ground for urging that it is against the principal of

democracy.

It would not be proper to follow the examples of the other States blind-foldedly. If

the Legislature of this State considers that it is its burden duty to implement the

aforesaid directive principal of the Constitution, or that circumstances do exist in

the State which call for implementation of a policy of prohibition, it is open to the

Legislature of the State to take such a view. As and when the Legislature does so,

it is not open to a citizen residing in the State to contend that the policy requires to

be scrapped on the ground that it is inconsistent with the democratic principal. In

my believes that it cannot be implemented usefully to persuade the Legislature to

scrap or modify such a policy but, it would not be proper for such a citizen to

contend that what the Legislature has done is against the principal of democracy.‖

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IS PROHOIBITION AGAINST HUMAN NATURE?

One of the witnesses contends that the prohibition law is a gainsthumen nature

and that, therefore, it should be scrapped. The argument is that a human being has

a natural craving for an intoxicating drink and that, therefore, the same cannot be

prohibited or controlled by legislation. I am unable to agree with this argument. In

my opinion, there is no authority for the general proposition that a human being

has a natural craving for an intoxicating drink or that a human being cannot live

without such drink. Drinking of an intoxicant is an acquired habit and it cannot be

said that it is inherent in human nature. As already stated, prohibition is conceived

as a socio-economic measure. The policy of prohibition must stand or fall on an

examination of this aspect of the problem.‖

ALCOHOL AND HEALTH.

The opponents of prohibition contend that alcohol drinking does not create health

problem. However, they contend that, in any case, moderate drinking does not

create any problem. None of these opponents cities any medical authority in

support of this proposition. There is evidence to show that modern thinking in

support in this proposition. There is evidence to show that modern thinking is

different on this subject. The 35th world Health Assembly held in May 1979 in

which more than 250 delegates from 100 countries, records that there was general

agreement that there was "the need to recognize alcohol-related problems as health

problems.

The resolution which was passed on that occasion by the above august body

resolution that "problems related to alcohol, and particularly to its excessive

consumption, rank among the word's major public health problems." It is true that

three is no total prohibition in a majority of the countries of the world like the one

which we have in our state. It is equally true that the World Health Organization

has not looked at the problem from the point of view of total prohibition.

However, both that Organization and several leading civilized countries of the

world do regard consumption of alcohol and specially alcoholism as creating

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health problems for the population. They recognize that these problems can be

divided info three categories:

(1) Problem for the drinker;

(2) Problem for the drinker's family; and

(3) Problem for the general community.

In addition to these three problems, they recognize that alcoholism creates

health hazards and that these hazards are such that each country must undertake

steps to ever and meet them.

The world medical opinion identifies a connection between alcoholism and

certain diseases such as-

(1) Cirrhosis of the liver;

(2) Cancer;

(3) Cardiovascular disorders; and

(4) Brain damage and dysfunction.

The contention of the opponents of prohibition is that this nexus between

alcoholism and the above diseases exists only in case of excessive consumption of

alcohol. This contention does not appear to be entirely correct. There is reasonable

ground for believing that, in any case, the cirrhosis of the liver is also a

consequence of prolonged drinking, moderate or excessive. In any case, having

regard to my conclusion that, at least, in the poor and weaker sections of the

society, a moderate drinker usually ends as a drunkard or an alcoholic, the danger

which that section of the population incurs in the matter of all or some of the

aforesaid diseases cannot be lightly brushed aside. Therefore, in my opinion,

control and, if possible, elimination of alcohol consumption is a step in the

direction of lessening of risks of the health hazards which are described above‖.

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DOES PROHIBITION ENCOURAGE BOOTLEGGING?

―Another argument advanced by the opponents of prohibition is that the institution

of bootlegging is the direct result of prohibition is scrapped or diluted, that

institution would automatically disappear. The materials before me do not justify

such a sweeping proposition. There is evidence on record to show that this

institution exists even in wet areas. Bootleggers are found to be existing in such

areas on as large a scale as that which is prevailing in this State. It is contented that

the prevalence of bootlegging in wet States is due to the fact that liquor-shops

were auctioned to private contractors and that the prices which were offered at

public auctions for running such shops were so exorbitant that they encouraged

illicit liquor in trade. It is contended that if the system of auctioning liquor-shops

were abolished and that State itself undertake responsibility of supplying

wholesome liquor, the aforesaid evil will automatically disappear. The experience

of those States where liquor is supplied by the State directly through its own shops

does not justify the above proposition. There is ground for believing that there are

certain factors which discourage resort to public liquor shops. Amongst these

factors may be mentioned:-

(1) Sale of bottled liquor; and

(2) Absence of credit facilities to the purchaser of liquor.

It is contended that these are important factors which encourage trade in illicit

liquor amongst the poor and weaker sections of the society. People belonging to

this sector would like to purchase only that much quantity of liquor as is required

on a particular occasion and which is within their means. As quite a majority of

them are monthly wage earners, they cannot afford to pay the price in cash and,

therefore, they have, per force, to purchase from persons who give them such

materials on credit. Moreover, the quantity of liquor supplied at such public shops

is moderate in quantum and, if the moderate drinker lapses into excessive dirking,

it is but natural that he would go in for illicit liquor, if the same is available,

Therefore, I am not convinced that supply of drink in moderate quantity to the

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population by the State is dry or wet or pertly dry, the institution is likely to exit

and, therefore it is necessary to devise measures for the purpose of curbing or

controlling this institution, if not to eradicate the same in all State, wet or dry.

Another point which the opponents of prohibition urge is that illicit trade in liquor

has and can result in deaths and that such deaths must ultimately be attributed to

the police of prohibition.

The record shows that this is not a correct proposition also. Deaths occur because

of presence of methy1 alcohol in beverages. Such deaths have occurred not only in

the dray areas but also in the wet areas. Perhaps the number of deaths which have

taken place in the wet areas exceeds that which has taken palace in the dry areas.

Therefore, it is not correct to contend that the policy of prohibition result in death

disasters.

IS PARTIAL SUCCESS A GOOD REASON FOR SCRAPPING

PROHIBITION?

―The policy of prohibition has not been complete success in the State, it is in itself,

no ground either for scrapping it. No social measure is ever a complete success.

For that matter, in any civilized country there is hardly any law which is not

broken at least by a few person. Just as it is unwise to scrap any other law simply

because some person commit a breach of it. It is equally unwise to scrap the

present price of legislation because peoples; some or many, break it specially

when the scrap measure has conferred substantial to large sections of the society

and a reversal of the policy is likely to result in the same evils from when a

number of people have now been made free‖.

PROHIBITION AND GUJARAT STATE GOVERMENTS.

―There is another and equally important factor which must be taken into account,

so far as the State of Gujarat is concerned. The materials leave no doubt that all

political parties in the State are wedded to the policy of prohibition. Since

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Independence, several parties have assumed reins of Government in this State.

Though this is so. It is note-worthy that none of these Governments has ever

proposed a reversion of the prohibition policy.

CORRUPTION IN THE ENFORCING AGENCIES.

―Another major factor which may be regarded as a reason for the partial

failure of the prohibition policy is the existence of corruption in the enforcing

agencies. The evidence convinces me that this problem does exist. It is not only

the lay witnesses who have deposed that the baron bootleggers are in league with

the police force, but, even the highly placed police officers have admitted this fact.

Each of them, however, has given his reason for the existence of this phenomenon.

Some of them, though fully conscious of this particular evil, have expressed there

helplessness in the matter. In recent times and especially because of the existence

of inflation and considerable decline in the value of the rupee, there has been crisis

of character in the nation. There is reasonable ground for believing that corruption

exists not only in the police department but also in several other Departments of

the Government, especially those who have to deal with black-marketers and other

economic offender. The argument is that a police officer, however highly placed

he may be, generally finds it difficult to make both the ends meet. Partially this

may be due to the fact that he maintains or has to maintain a standard of living

which is not commensurate with his pay packet. Partially it may be due to the fact

that, with the inflation, he is not able to maintain whatever standard of living he

may have originally adopted for himself. It is contended that, when any officer is

placed in a situation of this type, he is an easy prey to the temptations and

blandishments of those who want to feather their own nests because of their

contact with him. The bootlegger, specially the baron one, makes stupendous

profits. Therefore, he has enough ill-gotten wealth portions activities.

It is stated that, there is hardly any police station which is free from the

taint of corruption. The result is that an honest police officer is a mis-fit and even

suffers from ostracism from his dishonest colleagues. Moreover, having regard to

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the influence which especially the baron bootleggers have in the higher echelons

of social and life, an honest police officer is easily removed or dealt with.

A highly placed police officer says that a member of police force, if initially

honest, also falls a prey to the evil of corruption for another reason. He says that if

a prohibition case is detected, there is an offer of corruption immediately from the

offender or from others who are interested in him. The honest police officer spurns

the offer.

However, later on, when he finds that in spite of his best effort to obtain a

conviction, he is not able to do so not because of the inherent weakness of the case

but because the witnesses and specially the panch witnesses are suborned; his

mind becomes attuned to corruption. such an officer argues for himself that if an

acquittal can be obtained on the basis of money transferred form the offender to

the panch or other witnesses and if ultimately the whole labyrinth of investigation

has to be wasted, it is as well for him to pocket, in a subsequent case, the amount if

one happens to be offered to him and, thereby, save himself the trouble of

investigation and at the same time to make a few bucks for himself.

Another point made out is that Departmental proceedings against corrupt

officers also fail for various reasons. Thus, there is no doubt that not only

corruption prevails in the police Department in so far as the enforcement of the

prohibition law is concerned, but, even steps taken for the purpose of bringing this

evil under control, have not succeeded. This problem of corruption is not confined

only to the officers manning the police stations but that it has clambered up to

even the higher echelons of the police force. The problem is further accentuated by

the fact that because of the connections between those who are corrupt and those

who wield political power, the honest police officers are not able take any

effective steps against such corrupt officers.‖ (Source-chapter iii P 10-12, Ch.VI P

18-20 p 25, 26,33) PROHIBITION POLICY INQUIRY COMMISSION REPORT – 1983)

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The above excerpts of the commission‘s report are not irrelevant even today in

the sense that prohibition policy of Gujarat state continues to be a hotly debated

subject in the light of periodical hooch tragedies popularly known as ―Laththa

kand‖ in Gujarati language, meaning death of many people following consumption

of spurious liquor. The death of over fifty persons in a hooch tragedy in

Ahmedabad city in 2009 stirred up a hornets‘ nest, against the state Government

and the Ahmedabad city Police for failure to implement the prohibition policy

attributable to rampant corruption among the local police officials and the lower

rung police men at the police stations under whose jurisdiction the hooch tragedy

took place. A number of constables had to be shifted of city as part of punishment

transfer.However, country made foreign liquor (I.M.F.L.) and ―Deshi liquor‖

continues to be sold in major cities and rural areas without fear of stringent actions

being taken against bootleggers.

The researcher comes across drunkard persons in the state capital at night near

Omelet larries and pan shops after the sun set. The police men habituated to

consume liquor daily, frankly conceded that they easily get their required quota. It

is found that some constables and their seniors serving at Quick response cell,

special operation group at district level rapid response cell in the office of a range

DIG/IGP and vigilance squad functioning under D.G.P; enjoy rapport with

bootleggers and they virtually compel the in charge officials of local police

stations to be lenient to liquor barons operating under their areas. . Thus the police

play a roll in failure of the prohibition policy in Gujarat.

The researcher got an inkling of clout and financial capacity of a bootlegger

operating in Banaskantha district while discussing the issue of corruption and

prohibition policy with an IPS officer who had a short stint as superintendent of

police of this border district in 1998-99.A resourceful bootlegger with his clout

amongst local police men .politicians and some very senior officers used to carry

on his illegal business for quite a long period. However, with the appointment of

this IPS officer as police head of the district ,the bootlegger found it hard to run his

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illicit business and therefore he brought pressure on this strict IPS officer, from a

very senior IAS officer who, personally visited the office of District

superintendent of police to persuade this IPS officer to be dynamic and practical

enough not to make attempt to implement the prohibition law so harshly as to

bring an end to the business of liquor by barons who provided ―bread and butter‖

to a number of small carriers.

Being a fresh IPS with ideals to resist temptation of ill gotten wealth this police

officer took deterrent actions against this bootlegger despite pressure from above

mentioned senior IAS officer and the local leaders. Within a few days this IPS

officer was replaced by a ―dynamic‖ police officer as superintendent of

Banakantha dist.This anecdote as told to the researcher by an IPS officer proves

how rotten the system is.

The researcher interviewed a police sub inspector posted at one of the police

stations under Gandhiagar Range; who almost regularly relishes liquor despite

strong protest from his family members.

This P.S.I. who is well educated and by and large efficient in the discharge of his

duty conceded that while serving in prevention of crime branch (P.C.B.) of Rajkot

city, he developed a taste for liquor in the company of his seniors who used to be

inebriated daily even during duty hours A father of a daughter with marriageable

age and a collegian son, this PSI has face music from his family members more

often than not.

The most of the senior police officers do not take seriously the drinking habit of

some constables working under them which makes the drunkard constables more

non challant and recalcitrant. The drinking habit has adverse impact on economic

condition, family life and health of a constable.

The case study of a head constable at Ganghinagar, having been a prey to

drinking habit is a glaring example of how one’s life gets ruined by liquor. This

head constable belonging to Brahmin Caste, known for free from vices like

drinking and gambling, used to be in a state of inebriation almost round the clock,

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slipped while catching a train at a5 railway station and got seriously injured

resulting into amputation of one his legs followed by a prolonged hospitalization.

Ultimately he had to use a wheel chair and he was assigned the duty at wireless

set at a police station in Gandhinagar on humanitanirian ground, so as to enable

him to work without exertion. Shockingly, enough he continued to drink while on

wireless duty, even after amputation of his leg making the women police

constables restless. This drunkard constable ultimately spoiled his career in police

force and life. Though it was not feasible for the researcher to ascertain the exact

percentage of constables addicted to alcohol, it is observed during the study that

one to two constables in every police station brazenly consume liquor while on

duty without fear of actions and prohibition policy makes some police men richer

by few thousand rupees every month. This trend is prevalent in Pachmahal,

Bharuch, Surat Valsad, Ahmedabad and Banaskantha districts.

A section of the police constables make a mockery of prohibition policy by

supplying bottles to influential persons with the sole purpose of obliging them.

The researcher was only recently taken aback when a police constable serving at a

police station in one of the districts under Surat range, rang him up to inquire

whether he (the researcher)would require some ―bottles‖ as part of deepawali

celebrations.

A shocking incident of a drunken police constable on duty at Ghatlodia police

station in Ahmedabad city as reported in the Times of India of 30th

November

2010, and confirmed by the researcher, is worth mentioning here. This constable in

a state of inebriation went to buy Omelets in Naranpura area of the city in the

company of his friend on 28th

November but refused to pay the price for the same

to the vendor resulting into an altercation and ultimately the erring constable was

booked under the Prohibition Act at Naranpura police station. (photo copy of the

report at the next page)

This clearly indicates how ridiculous the Prohibition Policy is made to look by the

constabulary in Gujarat. With a view to making fast bucks many constables and

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some senior police officers also used to move heaven and earth to get a posting in

Prohibition commissionorate when police men were sent on deputation to

Prohibition & Excise commossionerate for implementation prohibition law in the

state. However, the state government took a bold decision not to send police men

to prohibition dept five years ago and assign the responsibility of implementing

the Prohibition law to the local police stations.

This is not to say that the whole constabulary is depraved and susceptible to

corruption and vices like drninking.The researcher has met a number of constables

who do not smoke or chew tobacco and try to keep themselves physically and

mentally fit.

If there is a strong political will and senior IPS officers work with sincerity of

purpose, Prohibition policy could be made effective in at least, the police force of

Gujarat if not cent percent successful al over the state.. In short the Prohibition

policy and the constabulary are intertwined and the state Government should

ensure that the members of the constabulary are imbibed with good habits during

their pre service training. The solution does not lie in scrapping the prohibition but

in adopting a no nonsense attitude in implementation of prohibition law at least

among the police men while they are on duty.

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The Times of India -30 November 2010