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International Journal of Social Studies
Editorial Board
Patron
Prof. Shanta B. Singh
Department of Criminology and Applied Human Sciences,
University of Kwazulu Natali, Howard College Campus, Durban,
South Africa
Editor-in-Chief
Dr. Mridul Srivastava
Executive Editors
Dr. Anup Yadava
Dr. J.P. Srivastava
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International Journal of Social Studies
Advisory Board
Prof. K. Kishore
Head, Department of Public Administration, Lucknow University, Lucknow
Dr. Sharad
Deputy Inspector General (General), Government of Uttar Pradesh
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International Journal of Social Studies
Ms Rashmi Yadava
Research Scholar,
JJT University, Rajasthan
Ms Namita Saxena
Head of the Department,
Indian High School, Dubai, UAE
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Contributors
Dr. Anup Yadava, IAS
Research Scholar, JJT University, Rajasthan
Director, Rajya Krishi Utpadan Mandi Parishad, U.P
Dr.Indira Srivastava
Associate Professor, Iswer Saran Degree College, University of Allahabad, Allahabad
Preeti Dwivedi
Assistant Professor of Sociology, mahila Mahavidyalaya (PG) College, Kanpur
Vaishali Srivastava
Advocate, High Court, Lucknow Bench, Lucknow
Rashmi Yadava
Research Scholar, JJT University, Jhunjhunu, Rajasthan
Avinash Chandra,
Research Scholar, Faculty of Law, Lucknow University
Taru Mishra
Assistant Professor, Department of Law, Amity University, Lucknow
Satatya Anand
Student, Second Year, B.A. LLB. (Hons.), Chanakya National Law University, Patna
Jawahar Lal
Joint Secretary to Chief MInister, Government of Uttar Pradesh
Srishti S. Shashwat
Student, B.A.LL.B, National Law University, Ranchi
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Contents
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viii
Domestic Violence: An Inhumane Cruelty Against Women
Dynamic Explanation:
The term “intimate partner violence” (IPV) is often used synonymously with
domestic abuse or domestic violence Many types of intimate partner violence occur,
including violence between gay and lesbian couples by men against women, and by
women against their male partners. Violence by a person against their intimate partner
is often done as a way of controlling their partner, even if this kind of violence is not the
most frequent.
Family violence is a broader definition, often used to include child abuse,elder
*
Assistant Professor, Shri Ram Swaroop Memorial University, Lucknow
**
Advocate, High Court, Lucknow Bench, Lucknow
1
Ahuja Ram,Crime against Women,Rawat Publications Jaipur 1987.
2
Patterns and responses to violence againstwomen in India. Gend Action 1997
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International Journal of Social Studies
abuse , and other violent acts between family members. The United Nations Declaration
on the Elimination of Violence against Women (1993) defines violence against women
that occurs in the family as follows:
“Physical, sexual and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence,
marital rape, female genital mutilation and other traditional practices harmful to
women, non-spousal violence and violence related to exploitation”. Hence it could be
said that Domestic violence includes Physical, mental, emotional, economic and social
torture of women (Wife, daughter and sisters) by other members of family. These family
members may be Father, Brother Mother, In Laws, Husband etc3 .
3
Chapman,J.K.and gates ,Margaret (eds),The victimisationof women,Sage Publications,Baverly Hills
California,1976
2
Domestic Violence: An Inhumane Cruelty Against Women
4
Luard T. China brides bear brunt of violence. BBC News Online. http//news.bbc.co.uk/2/low/ asia-pacific/
3109292.stm
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Domestic Violence: An Inhumane Cruelty Against Women
the world, he learns from his family. A person acquires a shape of his character
inside his family. Therefore if a person passes through frequent domestic violence
incidences in his family, he also follows the same without hesitation. He rationalise
his behaviour by giving the reference of his family.
Post effects of Domestic violence: It may be explained under three sub categories-
1. Individual level:
Individuals may be trapped in domestic violent situations through isolation power
and control, insufficient financial resources, fear and shame Domestic violence degrade
the individual dignity of women as human being .It include physical and mental
degradation .Poor health, physical injuries and mental shock become obstacle for
integrated development of personality of a women. Hence at individual level the
condition of women become more vulnerable As a result of abuse, survivors may
experience physical disabilities, chronic health problems, mental illness, limited
finances, and poor ability to create healthy relationships. Victims may experience Post
traumatic stress disorder (PTSD)5 .
Alcohol consumption and mental illness can be co morbid with abuse, and present
additional challenges in eliminating domestic violence. These forms of violence can
lead to depression, post-traumatic stress disorder, sleep difficulties, eating disorders,
emotional distress and suicide attempts. The same study found that women who have
experienced intimate partner violence were almost twice as likely to experience
depression and problem drinking. The rate was even higher for women who had
experienced non partner sexual violence6 .
2. Family Disorganisation:
A woman is the central controlling point of the family in form of mother. Upbringing
of the children is the most imperative responsibility of the women through which
cultural transformation take place in the family. Mother is the first teacher of a person
for his socialisation. There is no substitute of mother care for Child hood needs. In the
absence of complete mother care child delinquency takes place in family Children who
live in a household with violence may continue the legacy of abuse when they reach
adulthood. Domestic violence often happens in the context of forced and child marriages.
Apart from this the reciprocal basic needs of men and women could not be fulfilled in
this petty situation of women. Domestic violence diverge the attention of family member
towards individual need and they start to overlook the integrated needs of family. If
domestic violence occurs between husband and wife, the situation provides a platform
to develop extramarital relations of both the partners7 .
5
Wha-soon B. A study on the prevention of and countermeasures against domestic violence. Women’s
Stud Forum 1994;10:148-7
6
Galindo E, Serrano N. Spain. Women in the world. Womens Health Newsl 1994 Aug;23:8.
7
McGibbon A, Cooper L, Kelly L. What support? Hammersmith and Fulham council communitypolice
committee domestic violence. London: Polytechnic of North London, 1989.
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Domestic Violence: An Inhumane Cruelty Against Women
the strongest factor behind Domestic violence. Hence it is required to change the pattern
of marriage .Undemanding marriages must be promoted and rewarded. Rituals and
ceremonies (Engagement, Tilak ceremony etc) must be performed in simplified manner.
People must aware and motivate to oppose Dowry demands .Parents of bride and
bridegroom must make arrangement of all the domestic needs for newly married couple
collectively despite making demand and supply of dowry10 .
10
Mirrlees-Black C. Domestic violence: finding from a new British crime survey self-completion questionnaire.
London: Home Office, 1999.
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Introduction
Right to Information Act, 2005 opening line of what is “An Act to provide for
setting out the practical regime of right to information for citizens to secure access to
information under the control of public authorities, in order to promote transparency
and accountability in the working of every public authority, the constitution of a Central
Information Commission and State Information Commissions and for matters connected
therewith or incidental thereto1 ” clearly explains its objective. These lines can be sub
divided into three parts. Firstly, this act confers Right to Information to every citizen so
that they can get all the information that are under public authorities. Secondly, this act
intends to promote transparency and to establish greatly lacking accountability in
system. Thirdly, this act also deals with the constitution of Central Information
Commissions and State Information Commissions that is going to help in execution of
such act. The Right to Information Act (RTI) is an Act of the Parliament of India and this
Act applies to all States and Union Territories of India except for Jammu and Kashmir.
As already mentioned under this act any citizen of India may request for any sort of
information from any ‘public authority’. Public authority specifically means body of
*
STUDENT, SECOND YEAR, B.A. LLB. (HONS.), CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
1
THE RIGHT TO INFORMATION ACT, 2005 No. 22 OF 2005.
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Right to Information: A Boom to Governance
government. And on such enquiry the required authorities need to respond expeditiously
or within 30 days of such enquiry.2
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Right to Information: A Boom to Governance
disclosed by the public authorities, often they end up denying transparency and
accountability by withholding the required pertinent information. The usability from
the perspective of the information seeker is often lacking and RTI has failed to become
a user friendly law. The backlash against RTI by government and judiciary is further
hampering the citizen’s fundamental right to know. To counter such denial and hostility
by the bureaucratic machinery, the civil society and citizens have to find innovative
ways and means so that RTI truly serves the purpose of ending corruption and facilitate
better governance.”9
The Whistleblowers Protection (Amendment), Bill, 2015, went by the Lok Sabha
has restored concerns with respect to the defenselessness of data seekers making
divulgences in people in general hobby. “The first expectation of the informant insurance
law was to secure subjects unveiling data with respect to wrongdoing in the bigger
open hobby. In any case, the proposed changes have transformed the law into an
‘Informant Prevention and Victimization Act’. The alterations don’t give resistance to
informants, making them at risk for indictment under the Official Secrets Act, he says.
The Bill totally weakens the procurements of the prior law evacuating everything
exempted under Section 8 (1) of the RTI Act from inside of the ambit of shriek blowing.
“On the off chance that the administration needed to guarantee that delicate data with
respect to national security, respectability, and so forth., is not made open, then the law
could have been fittingly corrected toguarantee extra defends or by making procurements
for a system for private divulgence. What is tried to be done now is a sweeping
prohibition on exposures containing touchy data”.
Reduction in Corruption
The way of life of mystery, as known, urges the administration authorities to enjoy
9
Nigam Shalu , Right to Information: Law and Practices (1st edn, JBA Publishers 2005)
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degenerate practices, which bring about lower speculations because of abuse of force
and redirection of stores for private purposes. Therefore, the administration’s social
spending yields no beneficial advantages, in light of the fact that, for occurrence, the
educators don’t instruct, specialists and medical attendants don’t go to wellbeing
focuses, proportion card holders don’t get financed nourishment grains and, in this
way, employment backing is denied, and the guaranteed occupations are not gave to
poor people, who are guaranteed of salary backing. All the while, it sustains destitution
and damages poor people. It makes a domain of doubt between the general population
and the administration, which encroach upon the improvement and risk popularity
based administration.
Poverty Alleviation
RTI is used as a tool for facilitating effective delivery of socio-economic services.
RTI empowers people to seek details about their entitlements and, accordingly, to take
informed decisions in all matters affecting them so as to secure equity and justice.
Recognizing the significance of right to know for ensuring free flow of information and
good governance, the RTI Act exempts the poor from payment of fees of Rs.10/- for
seeking information. And, the information is to be furnished within the stipulated
period of thirty days, failing which penalty may be imposed. An estimate reveals that at
least 20 per cent of the information seekers are those who belong to BPL category. In
rural areas, this share is as high as 37% of the total applicants.
Challenges
Various studies indicate that Right to Information act is facing some serious
challenges that are not letting us to realize the RTI at its fullest. Challenges are listed
below:
Awareness levels are very low among common people, they neither know about
their right nor do they care about any information. This is the biggest challenge
before proper implementation of RTI. This issue is more frequent in remote areas,
people are least concerned there. Mass media that includes newspaper, TV
channels, journals, magazines, etc. is considered to be the biggest source of
awareness but huge population of India has no access to these resulting in
malfunctioning of such right.
Another major challenge that RTI is facing is illiteracy and poverty. People who
are not educated, who do not have enough money to live decently, for them RTI
has no consequence. Their prime requirement managing these basic amenities
that is Right to Live, not RTI.
There is no user guide available for the same. Such unavailability of user guides
makes it very difficult for the information seeker to gather knowledge about the
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Right to Information: A Boom to Governance
Conclusion
Thus it can be doubtlessly mentioned that Right to Information is an efficient tool
for good governance. This right also has the bearings for the development and the
implementation of flagship programmes for alleviation of poverty. This right positively
increases accountability of administration and government as a whole to the people. It
builds awareness of people regarding administration and gives every citizen an
opportunity to be a part of decision making process, also to be an active participant of
democracy. In this way such right promotes democratic ideology by promoting openness
and transparency in the administrative functions. By ensuring transparency and
enhanced accountability this right reduces the chances of corruption and hectic abuse
of authority by public servants. Since the objective of the act is to protect people‘s
interest, therefore its success also depends upon how they exercise the act. That is to
say, there is a foremost need of active participation from people, coordination among
RTI officials, NGO‘s, civil society groups, integrity among government departments
and political will from government and elected leaders.
In recent years it is observable that there is a growing push for transparency in
governance that ensures accountability. The Right to Information (RTI) Act, the activism
surrounding it has helped to reveal information that aimed at holding officials
accountable. That is to say, it is necessary to make the information system RTI friendly
and to increase accountability and to maintain transparency. The successful
implementation of such law is contingent on three fundamental shifts: a new culture of
openness needs to evolve from the existing culture of secrecy; authority coupled with
accountability needs to replace despotism; and participative governance should be
fostered rather than unilateral decision making. Though this single step in the form of
RTI, act, 2005 cannot change everything, but this is a very needed and important
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beginning. As already discussed in the paper, Right to Information has ensured and is
very well expected to ensure in future Good Governance in the following way:
Participation- Good Governance means participation of both men and women in
the core decision making process. Few chosen people cannot rule in a representative
democracy; all sections specially the most vulnerable sections of the society must
be taken into account. And the Right to information act gives people a chance to
participate.
Accessibility- Right to Information makes it possible for every citizen to easily
access information from government departments and thus it reduces the
traditional long gap between administration and citizens.
Transparency and Accountability- Transparency and accountability are possible
only when the common people have free and fair access to information. This act
has enabled people to seek any information from any government department
within a definite time frame i.e. 30days. Hence, ensuring transparency and
promoting accountability.
Equity and Inclusiveness- It implies that everybody is a part of the governance
and no one is excluded from the mainstream of the society. In same spirit, this act
also does not make any discrimination between rich and poor and it incorporates
every citizen.
Improvement in the quality of life includes increasing people’s options for higher
earnings, a cleaner environment, better education and health care, and a wealthier
cultural life and so many other things. Attaining all this is possible only with the fair
functioning of government. We, democratic citizens, have every right to get transparent
process information; proving the point that, RTI Act is the road to the success of any
democracy. Corruption leading to inefficiencies is nothing new, but citizens earlier
had no recourse. However with the implementation of the RTI Act, citizens now have a
tool to bring in transparency and compel government to be accountable at all levels of
Governance. What is satisfying is that the RTI Act has considerable impact on the
quality of life of the poor and deprived sections of the society. But still the act needs to
be fully realized. The citizens, media, Government, and Civil Society Organizations
altogether need to do a lot more to attain the intended objective of the Act.
Suggestions
As discussed in the challenges face by RTI, due to lack of awareness, most of
people have not even heard about RTI act. The government intervention is must in
such situation. Government must allocate huge fund for publicity of RTI act.
Since children are the resources that will decide the future health of nation.
Therefore, in the school syllabus RTI act should be added in order to arouse
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Right to Information: A Boom to Governance
curiosity of children and also to make them aware about RTI at the grass-root
level.
In order to ensure the accuracy of the information efficient and scientific record
keeping agency should be maintained so that applicants may get accurate
information with ease. Without modernizing and digitizing management of
information and record providing information would take several days often
exceeding the legal deadlines.
All the development projects, including poverty alleviation programmes must
have transparency and accountability norms. Assessment of the extent of
adherence of the norms and objective scrutiny of the process of execution of
programmes must be included in the system to ensure transparency and
accountability.
The role of NGOs cannot be neglected. They can create effective demand for
maximum disclosure of public information. They can ensure that citizens from
every background are well informed and can participate in decision making
process at socio-economic- political level. NGOs can also help increase in
awareness about the human rights and they may create social awareness
regarding how to realize these rights. This improvement would lead to strong
multiplier effects. Those will be eradication of poverty and creation of necessary
conditions for good governance.
Robust monitoring and strong evaluation system is very much needed. Such system
will ensure periodical review of the implementation of the law and will lay down
provision for feedback to government agencies that will help them address the
shortcomings.
Different websites of different state information commissions must be integrated
through a common IT gateway. Or common national portal on RTI will also work.
This will solve most of the technical problems faced by citizens.
Last not the least, it has been found that influence of political powers affects a lot
the functioning or decision making of high level public officials, so, it is very
much required that they maintain integrity by ignoring the vested interest.
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International Journal of Social Studies
(Violence, particularly communal violence is very much in the news, rather than
discussing the forms that it has taken in recent months, here an attempt is made to
identify the psychological and sociological factors that give rise to it in a multi-ethnic
society like ours. Some preventive measures have also been suggested). The development
of the human conscience has not kept pace with material progress because of the
whimsical nature of the man’s adherence to ethical principles. Consequently, the
behavioural norms of many social groups in modern age are identical to prehistoric
man’s condition of environmental adaptation while violence guaranteed the survival
of the caveman, such deviant behaviour employed by the rational man today, implies
deficiency. In fact, social scientists have concluded that violence is essential to the
evolutionary process, and is a corollary to human nature1 .
To some extent, the tendency to aggress is inherited. Life in society is organized
both cooperatively and competitively. To succeed, a person has to wage a minor war
against his environment. Success is really the survival of the fittest, for an individual
has to develop his inmate capacities in competition with others who are perceived as
his rivals. This principle, when carried beyond limits, and in conflict with the needs of
others, breeds a pathological condition. The human personality is the product of the
interaction of heredity & environment. It is quite sure that the person who inherits
aggressive traits and is nurtured in a subculture of violence will become an offender. It
is equally undeniable that a person forms his conscience in relation to the value system
of his immediate environment which is the family. The potentially antisocial urges that
shape him in infancy or Childhood.
Successful social interaction is closely associated with the way in which a child
accepts and deals with frustrations and limitations and how he reacts to authority. He
must accept authority, both at the parental and school level, but he must not be
overwhelmed by it. People pore over the pages of magazines containing grisly photo-
graphs of mutilated bodies. A fire destroys life and property, driving many into despair,
but an on looker is entertained at best he shrugs it off. Every civilisation broathes its
subcultures of violence, every society sees confrontation as a solution, and the average
man is never completely weaned away from his rapid urges2 .
*
Principal, Iswar Saran Degree College, University of Allahabad, Allahabad
**
Associate Professor, Iswar Saran Degree College, University of Allahabad, Allahabad
1
Ghosh S.K Violence in the streets 1982 Light and Libe Pub. New Delhi.
2
Larsen, O.N Violence and the Mass Media 1978, Published by Harper and Row, New York.
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Psychological Interpretation of Violence
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International Journal of Social Studies
fresh situation. The response is routine and the logic of violence emerges from its
practice3 .
The violent person also suffers from a feeling of inferiority so he demonstrates his
worth by emphasising his toughness and status. His sense of importance is thus partially
fulfilled. This can take ugly forms when he exercises his strength for sheer pleasure
against individuals who are susceptible to it, and becomes an exploiter of others for
personal gain. Individuals who belong to this category may be deficient in mental,
verbal and social stalls. Their handicaps can be traced to impersonal relationships in
early life, or an unbridled infancy and growth to adulthood. Violence can, in some
instances, be related to clumsiness.
Criminal drives are often present among people belonging to the lower socio-
economic strata, who suffer from emotional and material deprivation, social frustration
and physical strain. In slum societies, where physical means of demonstrating
manhood. Dehumanising influences like overcrowding, rejection by groups or the
inability to earn, coupled with the psychological characteristics of the individual lead
to abnormal personality development.
Primitive man shared his environment with animals. The adult male had to light
for self defence and hunt for nourishment. Violence was essential then, but the world is
not a jungle now. Moreover, an animal does not kill unless provoked or in search of
food. While man shares with brutes the instinct for violence, he also has in him the
noble element of peace. Emotional striving in its irrational form must be suppressed
and must be supplanted by ethical drives that can create more peaceful society.
Preventive Measures:
Violence is not an isolated phenomena, socially or psychologically. ‘Subcultures
of violence’ have attributes other than violence-proneness. Violent men are blessed
and cursed with diverse qualities, many it is not necessary to remake people, not to
remodel society. Our assignment is to rechannel or to redirect specific undesirable
propensities, without prejudice to the integrity of the persons involved. A more wholesale
approach would not only be wasteful but might magnify the very problem it seeks to
eliminate. Violence feeds on low self-esteem, and it thrives on a sense of inadequacy.
We would therefore have to make sure that we stress to people engaged in violence that
they are not condemned as individuals or as classes of people, but that our concern
about their destructive behaviours is ultimately governed by our regard for their worth
as human beings, as well as by our feelings for their worth as human beings, as well as
by our feeling for the victims of their act. We must make certain that every man
understands that he himself is the victim of violence-not only because society reacts
against him, but because violence is self-defeating.
3
Toch. H. Violentman, 1969, Published by Aldive Publishing Company, Chicago.
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Psychological Interpretation of Violence
4
Wolfgang. M. & Ferracuti. F. The subculture of violence: Towards an integrated theory of Criminology
(London Tavistock 1967).
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Social administration is big business. Public aid payments, exclusive of the social
insurances, run well over two billion dollars annually in this country. Related public
health and welfare services run into several billions, the exact amount depending
upon the definition of such services. Total private gifts and bequests to social work
were estimated as about $ 1,50,000,000 in 1951 and presumably have increased since.
Regardless of the exact figures, it is clear that the sums involved are of such magnitude,
and the expenditures for administration so large, that there is significance to the inquiry
as to whether the most efficient means of administration are being used.
The productive miracles of our economy are due to the scope given to individual
inventiveness and initiative; to our heritage of freedom of inquiry and the recognition
and support of scientific research, basic and applied; to democratic education and the
opportunity for managerial and technical talent to rise above caste limitations prevalent
in many societies; to the application of management planning in organization and
work methods; to the mobility of our developing economy and the willingness to
supplant outmoded machines, methods, and ideas in the interest of increased
productivity; to the acknowledgement and fostering of the demand for an ever higher
standard of living, and the participation of the masses of the people in the benefits of
increased productivity.
The social problems that the development of our industrial economy has brought
about are outside the scope of this discussion, but we should examine the extent to
which the practices of business enterprise can contribute to social enterprise. I assume
that the selection of the title assigned for this paper was not based on a naive assumption
that all business methods are desirable or even efficient. Rather, it is a recognition that
the best-run businesses have techniques that may have applicability to social agencies.
I shall confine my discussion to methods of administration, excluding the questions of
setting social policy and goals, of program planning and research, and of evaluation of
the social effects of the agency program1 .
*
IAS, Director, Mandi Parishad, Govt. of U.P. and Research Scholar, JJT University, Rajasthan
**
Research Scholar, JJT University, Rajasthan
1
The Philadelphia Time-cost Study in Family Service” The Social Welfare Forum, 1953, Columbia
University Press, New York, 1953 P. 205
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The Application of Business Techniques to the Administration of Social Agencies
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International Journal of Social Studies
traditional management planning has been the recognition that the span of control, of
the effective range of managerial direction and supervision, is limited. Organization
and functional charts and job descriptions are tool of administrative planning in these
areas2 .
Current trends in organizational planning have modified and enlarged the
traditional concepts. There has been a recognition that, in addition to the formal, official
organizational structure, there is an informal one that must be taken into account.
Channels of communication, consultation, co-ordination, chart. They are nonetheless
important in administration and do not disappear either by being ignored or by
administrative fiat.
A traditional concept is that the number of persons reporting to an executive must
be sharply controlled to avoid bottlenecking or executive abdication. Some management
students have even justified a specific limitation to a figure between three and seven, on
the ground that the number of relationships the executive must take into account
increases geometrically with the number of persons directly supervised. Modern
business is increasingly recognizing that too narrow a span of control has definite
disadvantage: over-supervision, and an increase in the number of levels of supervision,
with problems of communication and status for those isolated from top management.
Modern organizational planning, then, does not proceed on a mere theoretical
concept of the span of control but on a realistic analysis of the particular organization
and the type of functions involved at each level, balancing the psychological factors
and the feasibility of guidance and control. The organizational structure must be such
as to facilitate two-way communication and maximum delegation, at the same time
that there are clarification of duties, responsibilities, and authority, and a span of
control that permits effective direction and evaluation of performance.
We have touched on some of the problems of direction and co-ordination in terms
of delegation of maximum responsibility and authority throughout the organization.
In social work there is a special aspect of this problem of delegation in the relationship
between a board and an executive. The relationship must be such as to permit unitary
and decisive action in administration. Proper delegation is not merely a matter of stating
that the board deals with policy and the executive with administration. It is a matter of
clarifying what policy is and what administration is in a given field, and of adjusting
practice to conform to the principle.
Effective direction depends upon effective controls. Effective controls imply the
ability of the executive to form constructive guidance at critical points. This necessitates
knowledge, in relatively objective terms, of how the organization performs. Do employees
and supervisors have a common agreement as to the elements of the job and what
constitutes adequate or superior performance? Have workload standard been developed
for various types of work? How meaningful are reports and statistics relating to specific
2
SIDNEY M. JOURARD; Personal Adjustment: The Mac Millan Co New York, 1958 p.17
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The Application of Business Techniques to the Administration of Social Agencies
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24
The Application of Business Techniques to the Administration of Social Agencies
Public Relations
The public relations function is that of getting understanding and co-operation
from the various publics with which the agency is concerned. It is certainly not merely
publicity. The day-to-day contacts of employees with the public on the telephone, face
to face, and in correspondence, are important forces making for good or ill will. A
sound and efficient program will, in the long run, sell itself by results. Yet, we cannot
ignore either the importance of a well-informed staff and of courtesy and promptness
in gaining public confidence and recognition of achievements, or the importance of a
planned information program.
A public relation program includes reporting to the various publics concerned-
professional groups, civic organizations, interested educational institutions-as well as
to the agency’s clientele and the more numerous and nebulous general public. There is
no simple, single effort that can meet all needs. Each of these groups should be provided
with appropriate information of sufficient interest actually to gain attention. Many
leading industrial companies today make some reports directed to employees. Whether
on considers this as part of the public relations program or as part of having all
employees informed on program objectives and developments is the core of this
approach.
Although the social agency does not have a product to sell, it can well consider
the implications of the attention given by business to advertising, not only directly to
stimulate specific product demand, but to create good will. At the same time, it must be
noted that businessmen are now asking questions about their advertising: who reads it
and what is its effect? The same questions must be asked about publicity and
informational materials prepared by an agency.
In the area of public relations there is a sharp contrast between social agencies
and business which may be summed up as a contrast between the use of jargon and the
use of slogans. There is a tendency in social work, as in other professions, to use a
specialized idiom, which may be unintelligible to the public. Sometimes this is accepted
as a professional mystique; sometimes it is misconstrued. On the other hand, business
advertising has an emphasis on “phrases that sell.” I am not advocating the huckster
approach. But there should, at the least, be an effort to avoid interposing barriers of
words between the social agency and its publics.
25
International Journal of Social Studies
the same attention is not paid to communication so far as the non-professional staff is
concerned. In fact, the professional staff conference as one technique of communication
may be carried to the point where it is used for therapeutic self-expression rather than
as an administrative tool. The cost of the purchase of a conference table may be weighed
more carefully than the cost of numerous conferences which, in terms of the man house
consumed of high salaried staff, may be much more costly than the table. The conference
is, of course, only one of the means of effective communication. The whole administrative
process is involved, including the use of written instructions and manuals, informational
bulletins, periodic reports, bulletin boards, house organs, and the day-to-day processes
of co-ordination, clearance, and supervision.
Business and government are learning the importance of frontline supervision in
promoting productivity and high morale. The responses in a research study in industry
to the question “What does your boss do when you make a mistake?” epitomize this.
Employees of low production units tended to say, “He bawls me out,” while those in
high production units were more likely to say, “He tells me how he wants it done.”
Improving supervision is not as simple as exemplifying these attitudes. It involves
proper selection on the basis of ability and emotional stability, motivation by leadership
and training.
26
The Application of Business Techniques to the Administration of Social Agencies
official channels and through the American Public Welfare Association. The Department
of Health, Education, and Welfare’s Division of State Merit Systems furnishes technical
assistance on personnel administration to state personnel agencies and to public
Welfare, health, and employment security agencies. The National Social Welfare
Assembly’s Committee on Personnel has brought the national private agencies together
in important joint efforts.
Graduate professional education, obviously of vital importance in staff
development, is outside the scope of our topic. In-service training programs of various
kinds are analogous to those in business. Orientation or vestibule training for all
employees, technical training courses of various types, special arrangements with
educational in management institutes are among current business practices. In the
area of executive development, planned hob rotation, company sub-scriptions to
magazines, and membership in professional societies are other practices of progressive
industry which are of interest.
28
The Application of Business Techniques to the Administration of Social Agencies
criterion of success is profit, rather than service. To illustrate, a management firm making
a survey of a public welfare agency concluded that it was not profitable [sic] to process
grants of less than five dollars since it cost more than this to handle a case. Yet the
alternatives would be illegal and socially unacceptable. Giving every applicant five
dollar in order to save administrative costs, even if legalized, would be wasteful and
demoralizing. Cutting off grants to a person in need of a small amount, likewise contrary
to the law in the jurisdiction, would run counter to the objective of the program and to
sound social policy.
The preoccupation with means and techniques is short-sighted and dangerous.
The preoccupation with goals, divorced from methods, may be visionary and
impracticable. The task of administration is to keep objectives in mind and to keep
methods in prespective. Without the motivation of high purpose, procedures are
pointless; without efficiency of management, motivation is motionless.
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International Journal of Social Studies
Every action gives rise to reaction. Action and reaction syndrome is an on going
social process that constitutes an integral part in the dynamics of a social system. The
existence, persistence, vitality and growth of a social structure is conditioned by its
capacity to manage forces and counter forces. More often than not, social structures are
expected to control those conditions/situations/individuals that endanger its
equilibrium, because these turn out to be the measures of gauging the effectiveness of a
system. Systems have been found devising various methodologies and techniques of
handling diversified social situations and resorting to mechanisms of control with the
objective of maintaining an equilibrium in the system with a view to protecting the
interests of weak and the disadvantaged. A system has not only to guard its character
against the onslaught from external divisive forces but handle internal conduct norm
violating elements1 .
Keeping internal deviants and dissenters under control has been a perpetual
concern of all shades of humanity. Accordingly societies have been formulating
strategies of control in accordance with the social structure and cultural ethos. Likewise,
as per the available resources and resources and genius, Indian society has been evolving
different strategies to handle crime situations. Nevertheless there has been an on going
war of wits between the conventionalists and deviants in our social system. Therefore,
in their own interest, systems have been evolving modes and methodologies of handling
norm violators as prevailing culture and tolerance level in space and time. This paper
however focuses attention on the strategy for delinquency control by scrutinizing the
positive and negative dimensions of existing juvenile correctional institutions. The
explanation would broadly be limited to formal institutions and informal institutions
of control like family, neighbourhood, etc., would be discussed only as an adjunct to
formal institutions.
It should however be kept in view that the efficacy and effectiveness of any strategy
depends on its proximity to the cultural reality. Otherwise there is a likelihood of a
strategy, which does not conform to the cultural ethos, turning counterproductive,
becoming self-defeating or ending in collapse. Therefore the strategies can never be
static, yet they still tend to have their efficacy and applicability in the time frame. The
more dynamic a strategy is, the greater is its relevance, acceptance and command.
*
Advocate, High Court, Lucknow bench, Lucknow
**
Assistant Professor, Department of Law, Amity University, Lucknow
1
. Mabel A.Elliott : Conflicting Penal Theories’ in Statutory Criminal Law, University of Chicago
Press, Chicago 1931.
30
Delinquency Control: The Institutional Strategy
World over the evolution and formulation of the formal strategy of control apperas
to have emerged on the medieval period. Earlier to this era, the informal mechanisms
for delinquency control operating on the community—primary and secondary
institutional levels—continued to be effective modes for a considerable periods. In
India, the informal mechanisms were operative till the formal instrument of control in
the shape of Indian penal code was enacted in 1860, which continues to be an important
guideline for handling deviants on the formal plane. The Constitution of India (1950)
Juvenile Correction
Norm violation in any form by any one has been inviting some reaction but such
a violation by a juvenile, in contrast to violation by adult, tends to give rise to sharper
reactions. The expression to reaction and concomitant precipitation may be conditioned
by the prevailing culture of an area. Various cultural groups in India have been
formulation delinquency control strategies according to their genius, cultural norms
and local conditions as also according to their capability to establish formal agencies
and potentialities and compulsions of the formal agencies to handle deviance. These
strategies could be both formal and informal. The blend of formality or informality or
both depend on local conditions and available machinery to handle deviance amongst
juveniles2 .
Different cultural groups in India have shown potentialities to evolve a more
concretised mechanisms of controlling adult deviance, but they have not shown signs
of equal genius in controlling juvenile deviance. Maybe, the earlier thinkers of these
groups considered that let juveniles be better dealt with on an informal plane at family
and community institutional levels. However by the beginning of the twentieth century,
it was felt that everything be left to the discretion of informal agencies/institutions/
members, where many may be incompetent, incapable, and ignorant regarding
socialization of children and may not be able to give adequate attention to physical,
moral, spiritual and psychological growth of children. Therefore, keeping in view the
welfare of children, need for a special legislation titled Children Act(s) was felt. They
were enacted in different presidency areas around 1920. This could be taken to be the
beginning of the formal intervention of state in juvenile correction. The enactment of
Children Act(s) introduced a new phase which lead to concomitant developments in
different sub-systems of the juvenile justice system. Nevertheless an overall scrutiny of
control reflects that on policy plane we have been able to evolve a more concretized
frame and bring out a number of documents which could serve as guidelines. The
indicators of this policy are the number of publications on this phenomenon and
enactment of legislations at national and state levels for the protection, custody and
treatment of juveniles. However on the operational plane we may not have been equally
effective, as the criticism of the correctional programmes at various levels indicates3 .
2
SOPHIA M. ROBISION : Why Juvenile Delinquency Preventive Programmes are Ineffective”.
Federal Probation, XXV (December 1961)
3
Lowell J. Carr : Delinquency Control, Harper New York, 1950
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International Journal of Social Studies
One of the important factors that should be considered while handling juveniles
is the nature and pattern of emphasis that should be laid on the informal modes of
delinquency control, as the initiation of control strategy takes place at the family level.
Depending upon the effectiveness of this institution—which sows the seeds, germinates
the idea, introduces the concept of external and internal controls, defines the of
latitudes—the outside control mechanisms at neighbourhood, school, community and
formal agency levels would show their results. Because outer controls are broadly
interpreted by a juvenile in the framework given to him by the family. A juvenile requiring
outside intervention by itself reflects attenuated influence of family controls. Therefore
the correctional institutional programmes should have an inbuilt assertiveness,
otherwise their impactmay get sub-merged/neutralised under the over bearing influence
or the pressures of the family, as no correctional programme operates ion vacuum or on
an unaffected juvenile. Consequently the correctional process has to start with the
latter consideration because the effectiveness of programmes would be guided not by
its charter/ resolution but by the nature and type of assistance it extends to a processed
juvenile. The ultimate aim of institutional programmes should be to facilitate the
rehabilitative process and placement of a juvenile in society.
Existing Apparatus
The needs, motivations, forces and compulsions of juveniles cast upon a system
anobligation to establish a network of institutions that attempt to cater to these forces/
demands and foreshadow the issue of delinquency. An effective social defence
programme not only envisages a role for juvenile correctional institutions but also for
other segments and organs of a society—institutions that have been given the task of
control and prevention of juvenile delinquency. These constitute important links in the
concept of social defence.
The process of juvenile correction starts at a point when a member of society/
probation officer and/ or police personnel locates/identifies a juvenile, apprehends
him adjudication — Juvenile Court/ Child Welfare Board—for intervention and
appropriate action. The modes, manners, attitudes and responses of these agencies
may have an influence on the nature and extent of success of correctional programmes
that would follow4 .
The institutions that have a special responsibility to handle susceptible or actual
delinquents could be many and varied. Such institutions could be grouped as
(a) Substitutive Homes: These institutions aim to provide a near family atmosphere to
children who have lost their parents at an early age, i.e. SOS Villages, Family
Homes, Fit Persons, Fit Institutions, Orphanages, Ashrams, etc.
4
Social Defence : Editorial “ Community Action for control and Preventive of crime and
delinquency Col. II-9 July, 1967.
32
Delinquency Control: The Institutional Strategy
(b) Supportive Institutions: These institutions attempt to compliment the roles of the
family where parents are not able to arrange/provide, or are not aware of the
importance of socialization, or have not been able to assess the latent potentialities
of their children. The institutions are: Bal Sahyog. Big Brother Schemes, Bal
Bhanwans, Boys Clubs. Hobby Centres. Workshops, etc.
(c) Diagnostic Institutions: Children who have been spotted/located requiring
intervention of secondary institutions of society, viz; Observation Homes, Remand
Homes, Child guidance Clinics, etc.
(d) Treatment Institutions: Those children — destitutes, neglected, vagrants, delinquents
— requiring handling in a specialized institution such as: Children Homes,
Special/Certified School, Reformatory, Juvenile Jail, etc.
(e) Transit Institutions: Those who hav e either completed the period of
institutionalization or have crossed the upper age limit, but still not settled
vocationally, need to be placed in After Care Homes/Hostels, Half-way-Homes,
etc.
These institutions could be open or closed ones and organize variety of activities
to impart educational, vocational, moral and spiritual training with a view to socialize
as well as develop skills in juveniles. The major emphasis in these programmes is on
total personality development and strengthening of pro-social attitudes in juveniles.
These attempts are undertaken with a view to preparing them to complete in a society.
Pre-Committal Stage
Primary groups of a society, Police/Probation Officer, Juvenile Court, Child Welfare
Board, Observation Home/ Remand Home, Bal Bhawan, Boys Clubs, SOS Villages,
Orphnages, etc.
Committal State
Bal Sahyog, Big Brother Scheme, Children Home/Fit Persons/Fit Institutions,
Special School, Certified School/Reformatory/Juvenile Jail and other special
Institutions.
Post Committal
After-Care Homes/Hostels/Day Centres, Half Way Homes, etc.
Incongruities
The juvenile correctional institutions in our country operate under currents and
cross-currents. Nevertheless, even after the enactment of special legislations pertaining
to juveniles, opening of specialized institutions for juveniles and increasing discussion
33
International Journal of Social Studies
on this issue on various forums, the sentiments of the citizenry could broadly be
bracketted into two broad areas:
(a) A group of people, though in a minority, interested in the welfare of children/
philanthropists/functionaries and others support the idea of special treatment to
juvenile deviants. Such persons draw their strength from our society.
(b) Another segments, sizeable in number. opposed to any special treatment or
concessions to juveniles, feels that norm violation should invite appropriate
reaction of society irrespective of age, sex castle, creed, colour, etc,. of the perpetrator.
Both value frames continue to operate in our social system. A part from these, the
important notions that flow and govern the thinking of the functionaries as associated
with juvenile correctional institutions are also worth elucidating. Their thinking could
be grouped in five general areas:
(a) Those operating within the formal frame/part of the official machinery highlight
the utility of the official apparatus to the down-trodden, to a raw product who is
not acceptable to anyone unless transformed into a finished product, to a delinquent
without a protective hand, to a juvenile who is being exploited or is likely to be
exploited, etc.
(b) Those associated with the voluntary bodies indicated that official resources are
not being effectively utilised. According to them, a major part of the societal
resources is being spent on the establishment of an institution and a very minor
share goes to the benefit of a juvenile. A delinquent hardly benefits from the
institutional programmes due to the indifference of the institutional staff and
outmoded techniques of training in an institution.
(c) It has generally been observed that although the functionaries of the correctional
apparatus—police, judiciary, correctional administration—should take up pro-
juvenile or atleast a neutral posture in handling deviants, in regard to his
involvement in the act, extent of benefit from the institutional programmes, methods
of control during institutionalization, career after release, etc., yet, at times, they
may take up an anti-juvenile posture. All types of guesses are made, remarks are
passed, secrecy may not be maintained, doubts are shared, etc. Consequently
juvenile justice, in content, instead of being a paternalistic in orientation may turn
out to be authoritarian in approach. The custody and concomitant discipline may
be given primacy by the institutional staff, over eventual reformation and
adjustment in the society.
These doubts and controversies complicate the whole process. However there is a
section of employees both in official and voluntary agencies who have their doubts
regarding efficacy and utility of these programmes, yet they go on with the
programmes. Consequently there are a few persons who enter in this field and
continue with partial commitment toward programmes.
34
Delinquency Control: The Institutional Strategy
(d) Over the years, for various reasons, a sizeable number of police personnel, it
seems, have developed a belief that prevention, detection and maintenance of law
and order in relation to adults is their prime responsibility and the prevention
and control of juvenile delinquency be better left to other social welfare agencies.
Such personnel, it appears, lose sight of the fact that they have been given the
authority under the law irrespective of the age or sex or creed of the offender.
Nevertheless, even if these powers are given to another agency functionally that
organ would automatically become the law enforcement agency. Interestingly,
the prevailing culture of our country, which lays greater stress on informal modes
of handling of juveniles, provides sublime support to such a view and indirectly
allows them to take up a lukewarm attitude. Therefore the enforcement machinery,
in general, appears to be reluctant/pays partial attention to the enforcement of
special legislation pertaining to juveniles. In some cases, even knowledge regarding
the special legislations pertaining to juveniles may be doubtful.
(e) There may be organizational imbalance between the specialist and administrative
staff and structural incompatibility in an institution on different planes —
ideological, temperamental, approach, etc. Although it is difficult to have total
compatibility in any institution but there could to be a broader consensus regarding
the ultimate goals, so that the staff of an institution does not start operating at
cross purposes. These factors in turn affect the accountability process of the
institutional staff towards children. They are appointed for the care, custody and
protection with a view to modify the behaviour of children but the interests of the
society or the establishment may assume prominence in the approach of the
institutional staff.
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International Journal of Social Studies
(b) Special legislations pertaining to juveniles are not uniformly applicable to the
whole country. In some states the need for special legislation for care and protection
of juveniles has not been felt, hence not enacted or implemented. Even in those
states where these legislations have been implemented, they are applicable only
in selected areas.
(c) Due to the non-implementation of legislations pertaining to welfare, care, custody
and rehabilitation of juveniles or even where they have been implemented, under
various structural pressures operating in different areas. Appropriate institutional
structures for giving shelter to/keeping the needy and deserving children may
not have been established in a State. Non-existence of institutional structures may
create the first obstacle in the process of handling and provide scope to handling
agencies to rationalize their indifference towards children.
(d) Flowing from the earlier stated factors, very closely inter-woven issue is that of
evolving of effective juvenile justice at various levels—police, judiciary and
correctional agencies. Societal determination may be reflected in various ways—
in the shape of legislation. The existence of legislation(s) may naturally put pressure
on these agencies for evolving departmental policies; establishing institutional
structure; formulating personnel policy; designing training schedule for personnel;
devising educative literature; etc. through debates and discussions at various
forums.
(e) The enforcement, adjudicating and correctional agencies may not be available, to
begin with, even in the important districts, even where the Children Act(s) has/
have been implemented. Obviously in the absence of these agencies, either the
cases relating to juveniles may not be taken into cognizance or juveniles may be
dealt with like other cases pertaining to adults. Even in some cases, if specially
designated officers for this purpose are available, or they may not have appropriate
orientation or suitable foundation level training or desired motivation, etc., to
look into complex issue as per the need and requirements of juveniles.
The environment of the places, where juveniles are being handled, may not be in
accordance with the spirit of the Act(s) be more formal than being informal. Due to
inadequate dispersal of knowledge/literature in all parts of the country, for various
reasons, the latest modification/provisions of Act(s) may not be known to handling
agencies. In this background and environment, it becomes difficult to translate
the philosophy of the Act(s) into practice.
(f) Even where specialized agencies at various levels—juvenile aid police units,
juvenile/children courts, observation/ special school, etc.—are there, they may
not have been given adequate/appropriate functional space for convenient day
to day handling of cases. There may be problems relating to accommodation, staff,
furniture, fixtures, stationary, etc./ which may create operational inconveniences
36
Delinquency Control: The Institutional Strategy
37
International Journal of Social Studies
Outlook
Control strategy can never be an alien concept. It is to go as per the concept of
deviance in a society. If the concept of deviance is diffused then we cannot expect the
control strategy to be concretized. The cultural norms and social values automatically
would be reflected in the control strategy. Another factor which is equally pertinent is
the diffusion of informal and formal modes of handling juvenile. There ought to be an
amiable and effective blend of both the approaches. To what extent the control strategy
is to be formalized should be conditioned, by the cultural ethos of a social system5 .
An analysis of the available documents, meant to provide guidance to the
functionaries in terms of manuals, rules, etc. indicates that we have been able to bring
out considerable literature that takes into account almost all important dimensions of
the functioning of juvenile correction. However, when it comes to actual operation, our
functionaries might not have been able to translate that philosophy into practice. Many
factors- legal, organizational, social, etc. - may have their role in this process or the
motivations indifferent attitudes hopes, imaginations of the institutional staff- may
turn out to be obstacles in achieving the desired results or the projected goals. The
compulsions, forces and motivations operating on the functionaries may turn out to be
the justifying factors for the functionaries but the victim of these rationalizations turn
out to be a juvenile. Children do not derive desired benefits from institutions which is
their due.
The issue and situation of juveniles are complex and multifarious hence there
ought to be a network of institutions catering to one or another issue of juveniles. No
institutions, howsoever perfect it might be, can hope to provide solution to multiple
5
Henrry fielding, “ An Enquiry into the Causes of the Late increase of Robbery etc.” London,
1751-quoted from Criminal Behavior’ by Walter C. Reckless, Mc Graw Hill Book Co New York,
1940.
38
Delinquency Control: The Institutional Strategy
39
International Journal of Social Studies
With the advance of industrialization and urbanization the problem of crime has
assumed a considerable proportion. The growing trend in criminality and violence is
due mainly to the present atmosphere of agitations, wide public discontent, economic
insecurity, uncertainty, etc. Moreover, the break-up of the traditional family life, large
scale migration of rural population to urban areas, cultural variations, over -crowded
conditions, occupational differentiation, anonymity., etc., have brought about a situation
favourable for the incidence of crime and delinquency. Under such a predicament, the
important factor of social control which had, in the past, prevented people from resorting
to anti-social behaviour in the traditional society, are hardly in existence. The spurt in
new forms of criminality has, of late, given rise to a question as to whether the law-
enforcement authorities and the criminal justice system as a whole can effectively deal
with the multifarious facets of crime and bring under control the rising trend in
criminality. The answer should be in the negative. This fact has brought into focus the
importance of public participation in the prevention of crime and the treatment of
offenders. For lack of proper understanding between the public and the law-enforcement
agencies and other agencies connected with the criminal justice system, the public in
general are reluctant to extend any co-operation in detection, apprehension and
prevention and prevention of crime. There is statutory provision in the criminal
legislation for participation of the public in various ways. Sections 37, 38, 39, 43, and
129 (2) of the Cr. P.C. provide for public assistance in police and judicial maters. Section
17 of the Police Act, 1816 provide for community participation in maintenance of peace
and order. Probation of offenders rules of various States and Union Territories provide
for utilization of services of various probation officers in implementation of probation
programmes. The Suppression of Immoral Traffic Act, 1956 also makes identical
provision for public co-operation in detecting offences and rounding up culprits. The
Prison Manuals of different States and Union Territories provide for visitors, Boards
which consist of non-official members, who can give suggestion for improvement of
treatment and training methods in institutions1 .
In some countries there is a system of local community police auxiliary forces. In
India the system of civil defence, civil guards and home guards falls in the same line.
The community guards in Nigeria are supported by the Government. Similarly, the
Crime Prevention Association in Japan provides a good example of public co-operation
*
Assistant Registrar, Dr. Ram Manohar Lohiya National Law University, Lucknow
**
Assistant Professor of Sociology, Mahila Mahavidyalaya (PG) College, Kanpur
1
Mabel A.Elliott : Crime in Modern Society : Harper & Brothers. New York 1952 page 806.
40
Public Participation in the Prevention of Crime
in the prevention of crime. At present there are fifty thousand voluntary probation
officers in Japan who help the probation and other allied services in a big way.
The duty and responsibility to protect society devolves on the law enforcement
and other agencies of the criminal justice system of a state. In a welfare state progressive
participation of the public in various governmental activities is of paramount
importance. The age-old idea of realised that deterrent punishment does in no way
help either the offender or society as whole. The ultimate aim of punishment is, therefore,
the rehabilitation of offender back into society. The offender is born in society and
returns to it after the term of his incarceration is over. Hence, the community should
share the responsibility and participate in the task of rehabilitating the offender as a
decent citizen. But the fact remain that the people in general are lukewarm towards this
aspect of the social problem. This hindrance can, however, be gradually overcome by
disseminating the lofty idea of corrections through mass media. An extensive publicity
campaign can be undertaken by the government in collaboration with the voluntary
agencies, educational institutions, village panchayats, and other. regular radio talks,
radio sports, visual publicity should be arranged to bring home the necessity of public
co-operation in this field to achieve the lofty propose. Co-ordination committees of
officials and non-officials may be set up covering different aspects of correctional services
at various levels for discussion and exchange of ideas at regular intervals. This process
will not only ensure co-operation among various agencies but generate a sort of social
control which will automatically bring down the incidence of crime at a particular
locality.
In our Constitution we are pledged to a democratic form of Government. Democracy
stands on the one hand, to preach, foster and practice the maximum freedom of the
individual, and on the other, it seeks to accomplish this aim as a function of its rules
and laws. These rules and laws put restrictions on the behaviour of the individual,
which will always be ignored, neglected and even disobeyed by some of them. The
more the development of society-the more will there be rules, and so also larger the
occasions and number of breaches leading to an increase in the volume of crime. This
is what we witness every day. Consequently, crime prevention stands as a primary,
essential and important need in a democracy, without which it cannot succeed2 .
Discussing conflicting penal theories in statutory criminal law, a noted sociologist
advocated that the State’s supreme concern with reference to penal laws should be
with the development of preventive and corrective legislation based upon a scientific
understanding of the crime problem in all its ramification.
Law does not ignore the subject of prevention of crime, but its efforts portray the
level of prejudice and belief of the public that goes in the making of law. Our justice in
the main has been retributory justice. Society has not been able to give up its inner urge
2
Regarding in Criminology and Penology Edited by Devid Dressler, Columbia University Press : New
York, 1964 P 647.
41
International Journal of Social Studies
for retribution. In dealing with the adult offenders there has been a greater keenness to
punish the offender, than any real intention to help the offender become a law-abiding
citizen. We may have been able to satisfy our desire, through retributory justice, but it
has failed to prevent crime. Mabel declares that the reasons why more effective
programmes for crime prevention are not implemented, is in large part due to the
difficulty in erasing the desire for revenge that underlies our penal laws adding further
that our deep-seated persistence of established habits of action and thinking, even
though their ineffectiveness has been demonstrated in also largely responsible3 .
What is the concept of “Prevention of Crime” and how scientific or rational are
our attempts and practices to achieve the ideal ? A research worker in USA reported
that of 6022 pages making up nine current criminology texts, a total of 258 were devoted
to prevention of crime or delinquency or both, while 1252 pages discussed prisons and
reformatories, where many person are sent when preventive mea-measures have failed.
This roughly indicates the relative attention and importance that has been given to
prevention of crime.
Historical, besides the indirect effort of crime prevention, envisaged in the law,
there is hardly anything in the western literature till the middle of the eighteenth century,
when we come across the work of Henrry Fielding, a magistrate in England who gave
out his ideas in “An Enquiry into the Causes of the Late Increase of Robber, etc. His
proposals were directed to a specifically small problem of allaying the increase of
thieves and robbers England. Fielding’s suggestion was to curb stealing and robbing
by suppressing the outlets for stolen goods and property, for instance by making receiving
of stolen goods an original crime in which the thief can testify against the receiver, and
further make the Bare buying or taking to pawn of stolen goods evidence of receiving.
By implication his suggestion was recourse to new law and enforcement, i.e. a legislative
method of prevention of crime.
In the late n9ineteenth century, it was Ferri, who seriously doubted the
effectiveness of punitive measures in suppressing crime, and advocated that indirect
“Penal substitutes”, i.e. preventive efforts were more potent in curbing crime that the
punitive efforts. Ferri made his concept clear when he said, The aim of penal substitutes
is not to render all crimes and offences impossible, but only to reduce them to the least
possible number in any particular physical and social environment. Ferri thought of
prevention of crime, in a cause and effect link when he referred to the original sources
of crime. He had , Social prevention begins with the original sources of crime, attacking
its biological physical and social factors, by methods which are wholly indirect, and
which rest upon the free play of psychological and sociological laws. He spelt out the
details of his preventive programme as covering five spheres of activity, namely the
economic, political, scientific, legislative and administrative and finally education4 .
3
Ibid.
4
Aschaffenburg, Gustan, Crime and its Repression, Translated by Adalbert Abrecht, Boston, 1913
42
Public Participation in the Prevention of Crime
43
International Journal of Social Studies
44
Public Participation in the Prevention of Crime
45
International Journal of Social Studies
from committing crime, thereby preventing those as yet uncommitting crimes. The simple
effectiveness of severe punishment is found missing reality. The classic example of
pick-pocketing, when people gathered to witness the public hanging of pick-pockets
and thieves, has exhibited itself at all times and in many forms.
Today, it is widely accepted that not severity but surity of punishment, in our
country can better be judged by the fact that only 20 to 25% of those challaned for
committing offences, get the final conviction. And if we consider the fact that for every
know offence and offender hauled up, there are a number offences that go undetected,
and many offenders who are not caught, the surity of punishment will go down 5 to
10%- a level at which it is hardly dependable. In the case of witness, there is no yardstick
to measure it in any detail, but the common man feels that the dictum : “Justice delayed
is justice denied”, is more often of violated that followed. In short that value of the legal
view of prevention of crime is theoretical and not so fruitful6 .
The socio-criminologic view advocated that the act of crime, should be looked
upon, as a symptom of something deeper, in the personality of the offender or his socio-
economic milieu, or both whereby he is unable to meet the situation in a socially
acceptable manner. An individual displays healthy personality when he is able to
gratify his needs, through behaviour that conforms with both the norms of his society,
and the requirement of his conscience. The behaviour scientists emphasize, that except
in the accidental or the situational offender, the predisposing factors determine the
type of response of the person to the precipitating factors, and that unless the personality
has a component of predisposition or vulnerability to some anti-sociality, the ordinary
environmental precipitating factors will not be able to blend him to commit the crime7 .
The socio-criminological concept of prevention of crime is more or less akin to the
concept of prevention of somatic ills in the medical discipline, when they say that if the
prevention of crime is not tackled genetically as related to its causes, any removal of the
precipitating factors shall be as ineffective as the use of aspirin in the prevention of an
organic type of headache.
The concept of crime prevention, advanced by the socio criminologists is good as
an ideal, which deserves to the accepted and worked for. That the road and means to
reach the ideal are not clearly visible should be no argument to give up the ideal. The
situation calls for a long term and a short term plan crime prevention.
The long term plan would consist of planned theoretical, applied and operational
research in three basis directions, viz. (1) how can delinquency and crime be prevented
from being committed, (2) how can the criminals be prevented from repeating crime,
and (3) a study of the casual or correlation relationship and effectiveness of the currently
belleved or practiced methods or prevention of crime. Evaluation studies of the various
6
Donald Clemner : In foreward to the Sociology of Punishment and Correction by Norman Johnson
and other John Wiley & sons Inc, York 1962
7
Ruth Shonle Cavan : Criminology, Thomos Y. Crowell Co., New York 1962 pp. 242
46
Public Participation in the Prevention of Crime
crime prevention programmes in vogue could yield rich insight into the nature of crime,
and criminals and the reactions of the society in which that occurs. Research, rather
that trial- and error experiment’s is needed before operationally effective programmes
will be discovered. Meaningful suggestions for research could be taken from what Carr
maintains involves delinquency control, viz. (1) techniques for the discover of deviant
behavior techniques for the diagnosis, (3) techniques for treatment,, and (4) Techniques
for the prevention by (a) removing or controlling pressure conducive to delinquency (b)
introducing positive factors in the environment, and (c) improving the hereditary quality
of the population8 .
On the short term basis, the evaluation of the various current and advocated
programmes for the prevention of crime could proceed without waiting for positive
knowledge from basic research and etiological studies. So long as we do not have
specific knowledge necessary for the eradication of crime from society, any programme
that fosters individual and social health and harmony, is by definition preventive of
the malady. The basic implication of prevention is the forestalling of a situation that
will require later treatment. The major sources of criminal behaviour are to be found in
th early development of human beings, and it is easier to rehabilitate plastic young
offenders than hardened criminals. The attack upon crime and delinquency, therefore,
must deal primarily with children and adolescents9 .
No scheme or concept of crime prevention would be complete without a reference
to the general background in which it develops. No attack upon crime and delinquency
would succeed unless it is whole heartedly accepted and supported by the public in
whose behalf it is launched. Dr. Jyotsna Shah, very aptly draws attention to the general
apathy of common man towards crime control and advocated community action for
control and prevention of crime and delinquency. It, therefore, calls for intensive and
extensive efforts to educated the public and motivate it to undertake the much needed
programmes. This celebration of the National Crime Prevention Week is a much needed
step in the right direction, but such sporadic efforts alone would not be enough to
achieve crime prevention to the uncoordinated and fissiparous efforts of individual
parents, teachers juvenile courts, social workers religious preachers etc. it is to fitter
away the available resources and energy. It is suggested that as we have a well-developed
educational system, with all making body, so also we should establish a Central
Commission charged with the task of developing adequate programmes of prevention
of delinquency and crime, with its emphasis not only upon the prevention of law-
breaking, but upon the more basic need of developing well adjusted children and
adults who would be able to discharge their responsibilities and derive satisfactions
through socially approved channel. Some of the tasks for this commission could be :-
(1) Policy making.
8
Encyclopedia of Criminology, Ed. By Vernon C. Branham and Samul B. Kustash.
9
Richard R. Korn and Lloyd W. Mc Corkli Criminology: and Penology Henry Hold & Inc.
47
International Journal of Social Studies
10
Robert G. Caldwell : Criminology : The Ronald Press Co. New York, 1956. P. 685
48
Animal Rights in contravention with Human Rights
“The greatness of a nation and its moral progress can be judged by the way its animals are
treated.”
– Mahatma Gandhi
Words said by a great personality are worth attending. From our Constitution to
state and central Acts no law has ever left the environment at stake. Every law does talk
about the environment and the rights of the animals residing in it. But do we really care
about our environment to an extent which could prejudice the human development
and human rights. Since, there is an increase in the demand for advancement and
simultaneous protection of human rights there are vigorous movements both socio and
political all over the world which do are conflicting the rights of animals. But in today’s
time the matters related to environment are considered to have equal significance with
those of human rights.1
Historical Background
In India the first legislation for animals was made during British period for the
protection of birds in 1887, known as the Wild Birds Protection Act. But this Act did not
prohibit the killing of birds. In 1912 they enacted another legislation called the Wild
Birds and Animals (Protection) Act. It empowered the provincial government to declare
a specified period to be close time during which certain kinds of wild birds or animals
would not be killed or captured or bought or sold. It also required the offenders to pay
fine. The act was amended and for the first time include the concept of sanctuary in
order to protect the birds or animals. These legislation were a result of rapid decline in
the population of wild life and birds.
Many states passed resolutions in pursuance of Art. 2522 of the Constitution
giving parliament the power to pass necessary legislation for the protection of wild
animals and their related matters. Thus, Parliament enacted the Wildlife Act which
came into effect from 1 February 1973. This Act was inadequate for its purpose and was
*
Student, B.A.LLB. (Hons.) National Law University, Ranchi
**
Joint Secretary to Chief Minister, Government of Uttar Pradesh
1
Andhra Pradesh Pollution Control Board v. MV Naydu, AIR 1999 SC 812
2
Constitution of India Art. 252, ‘Power of Parliament to legislate for two or more States by consent
and adoption of such legislation by any other State.’
49
International Journal of Social Studies
later amended in 1986 and since then several laws have been enacted, amended.
3
World Commission on Environment and Development, Our Common Future, Oxford University
Press, 1987
4
Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
5
Animal and Environment Legal Defence Fund v. Union of India, AIR 1997 SC 1071
6
Pradeep Krishen v. Union of India, AIR 1996 SC 2040
50
Animal Rights in contravention with Human Rights
completely misconceived.” It also said that, “It is to be recognized that Wild Life is an
asset and heritage to be preserved for future generations.” Again in this case the
sustainable development is evident and shows that wild life as a whole is important
for our ecology and not just few animals.
7
GR Simon v. Union of India, AIR 1997 Del 301
8
M.C. Mehta v. Union of India, AIR 1987 SC 1086
9
Constitution of India, Art. 51A (9), ‘to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for living creatures’.
10
The Performing Animals (Registration) Rules, 2001, Section 2(h)
51
International Journal of Social Studies
The question of conflict between the animals’ right and religion comes often in
India directly or indirectly. In the case of Ramesh Sharma v. State of Himachal Pradesh11
such a sensitive issue was raised that whether animal sacrifice forms a central or
integral part of Hinduism. In short to see whether animal killing can be justified on the
name of religion. In the above mentioned case the High Court found no reference which
mandates the animal sacrifice as essential part of Hindu religion. Further, in case of
Durgah Committee Ajmer and Anr. v. Syed Hussain Ali and Ors,12 a very valid point was
made and it was held that even though any practice is religious in nature it might have
come from superstitious beliefs with no rational at all and such practices as noted may
be extraneous and unessential accretions to religion itself.
Yet again in one case the Apex Court targeted and held for any religion that
slaughtering of cows and their progeny is not necessary required as part of any religious
ceremony.13
In case of Animal Welfare Board of India v. A. Nagaraja and Ors.14 the court said that
animals’ well-being and welfare have been statutorily recognized u/s 3 & 11 of the
Protection of Cruelty to Animals Act and it should be read with Art. 51 A (g)15 .
These all cases shows positivity towards the rights of animals and that on the
name of religion the indiscriminate killing of animals is not justified and justice will be
served.
Animals’ right and Right to food. India talks about Right to food under the head
of right to life guaranteed by the Constitution under Art. 2116 . Pursuance to this the
national Food Security bill in 2013 was passed. Does the Right to food includes right to
choice of food? Is it possible for humans to completely abstain from eating certain
animals they want to eat or is allowed by the religion they belong to. These questions
are not answered yet but soon they will arise with the increase in awareness among the
people about the treatment of animals in the farms.
Conclusion
The vision of humans to see its development cannot be allowed to keep a blind eye
over the safety and preservation of environment and wildlife. The judicial system of
our country has given guidelines and judgements in favour of the environment
compromising little-little things humans want. Development has to take place but not
11
Ramesh Sharma v. State of Himachal Pradesh
12
Durgah Committee Ajmer and Anr. v. Syed Hussain Ali and Ors, AIR 1961 SC 1402
13
State of Gujarat v. Mirzapur Moti Kureshi Kassat Jannat and Ors, (2005) 8 SCC 534
14
Animal Welfare Board of India v. A. Nagaraja and Ors., (2014) 7 SCC 547
15
Supra 5.
16
Constitution of India Art.21, ‘Protection of life and personal liberty- No person shall be deprived of
his life or personal liberty except according to procedure established by law.’
52
Animal Rights in contravention with Human Rights
at the cost of a disturbed ecology. It is the duty of every citizen of the country to do their
duty to protect environment with sincerity and realization. In this paper we saw mostly
the positive side of the judiciary towards the environment but the truth is half known
that no law can surpass the fact that animals who are completely useless or useful to
humans are hard to be protected but that doesn’t stop us from protecting and performing
our duty towards our environment and wild life.
53
International Journal of Social Studies
54
Style for Reference
55
International Journal of Social Studies
5. When there are more than one cited references in an observation/evaluation which
are published in the same year than arrange the list of authors alphabetically
For example: (Bhasin et al. 2007; Boon et al. 2007; Regassa 2007; Singh et al. 2007)
FOR LIST OF REFERENCES
Check the List of References carefully and arrange them as per style of the journal as
follow:
1. do not put NUMBER before any Reference
2. do not use COMMA, FULL STOP in an individual name,
3. do not place AND when there are two or more than two authors,
4. do not place use et al. (NOT IN ITALICS) when there are more than two authors,
i. e., Give names of all the Authors, however you may use et al. after listing at least
first five authors,
5. place the YEAR of publication after the authors before the title of the paper, when
using abbreviations for the title of the journal than do not use FULL STOP,
6. after the name of the journal put COMMA and give VOLUME NO. Than COLON
and PAGE NUMBERS.
7. do not give any separate subheading/s for Journals/Books/Newspapers,
Magazines etc.
8. Internet references should be mentioned when retrieved;
9. do not use OP. CIT.
56
International Journal of Social Studies
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