A Criminologist’s Diary-12

Pest control and Police firing

-5 degree Celsius is the temperature outside today at Bentonville and there is ice everywhere. The entire area is seen as Himalayas in our cinema. I do not think that any insects, reptiles or mammals can live here unless they are created with a capacity to withstand this extreme climate. A few days ago, we went to a zoo and we could take our car inside the zoo and drive. A variety of animals and birds are in the zoo and we drove our car seeing them. Some came to us and many visitors in front and behind us took photographs of the animals. We could not photograph them as we forgot to take our camera. I asked Martin and Neethie:" How do these animals, reptiles and birds survive the extreme climate? "They did not answer my query as they did not know the answer. They told me that the zoo would be closed for outsiders during the extreme climate. Anyway, today, when I looked out, I could see not less than 500 sparrows –like birds flying in the sky. Of course, God's special creations with capacity to withstand any extreme climate!

I do not see mosquitoes here and I think that ordinarily, they cannot survive here in this extreme climate- coldness. Or, they must be specially created mosquitoes. I saw a small spider inside the apartment and then I asked:" How come spiders here?" Mary replied my question:" Specially created spiders" for Bentonville, Arkansas. Neethie added to Mary's comments saying that the pest department was very serious about pest control and they could be called if pests were seen. Good. They have immediate remedy for their problems. The people are also conscious about the pests and they take care of their protection.

In Kerala, pests are a real problem and what do we do against the pests? I have little or no information about the working of a pest department there and any activity to control or destroy pests. When some epidemic like Chicken guinea attacks the people, the mosquitos are blamed for it. Then the Corporation Authorities come up with an occasional fogging to kill the mosquitoes. The Health Department has some projects against mosquitoes/malaria. In my compound at Mannammoola where I live, I find centipedes, millipedes, pests of many descriptions, reptiles ,mad dogs, worms of all categories, snails of every type, wastes thrown to public roads, flies of many kinds, rats and what not? Should we not think about a permanent pest department which is ever active and vigilant? Or should we continue to declare regional bandhs, road blocks, truck-destruction, dharnas and mass destruction to see the eyes of authorities open. Or, are we to think that the pests can be controlled by suppressing public reactions and agitations by police muscles, lathy charges and as a last resort, by police firing?

A Criminologist’s Diary-11

WALL-MART and GOD'S OWN COUNTRY

 

" You purchase anything from wall-mart, you can return it if not satisfied-and it must be within a specified period" Once you take back the purchased item, they return your money with pleasure, without any questions and with a smiling face. "Smile deliberately whether one feels like it or not, for it is almost impossible to have miserable thoughts when one turns the corners of his mouth upwards"-This is wall-mart approach. Wall-mart family believes that smile is a commodity which must be sold in their store. This philosophy makes many to go to wall-mart and purchase as much as they want. For, the people know that the purchased items can be returned if they are qualitatively inferior or not up to the mark or their expectations. Wall-mart feels that it is their success in business and they are the biggest retail- business people in the world-I am told.

Adulteration is not a new thing in Kerala. It is seen there in A-Z and people die of food poisoning, hooch, fake medicines, inferior treatment and what not? Duplicate articles are plenty and genuine parts of many things may be a rare commodity for purchase. False employment bureaus, fake companies, false N.O.C./Visa, blade companies and cheating enterprises, adulterated preachers, prayers, poojaries and politicians, false promises and programmes, fake advertisements for flesh trade , modeling, production of song albums, acting in cinema and T.V. serials and what not ?Are the Government aware of these nefarious activities? If they are aware of, what does the machinery do to prevent them? Wall-mart philosophy-i.e., returning of purchased item if found to be inferior or duplicate is not possible or unheard of .Nevertheless, proper vigilance and control may be possible. Flourishing of these crimes in the most literate State in the Country indicates that the administration is weak and far away from being satisfactory. The never ending 'FALSE AND FAKE' is and should be an eye-opener for the administration to believe that all is not well in the GOD'S OWN COUNTRY!

How many people cheated by various persons and agencies got proper remuneration or compensation and victim justice? Hardly any. When anything unpleasant happens, immediately there come false Government promises: "Strict action", "Law will take its course", " The criminals will not be allowed to escape" and thus the people are given the hope that they will be taken to the promised land or the Yahweh will come at last .Like the Jews, the Keralites live under a hope-hope for the better and the 'better' never comes.

 

Coming to wall-mart back, we too have retail shops in the State. People are cheated and the bills they receive after purchase contains an inscription 'Articles once sold will not be taken back'. FINE! The only option then left with us is to approach the Consumer Courts where consumers' cases are filling the court rooms –giving a HOPE to have HOPE against HOPE. There are shops which sell only duplicate articles and they sell not only in their shops, but also they promote their duplicates through 'DOOR to DOOR 'sale by their sale boys and girls who always study a course in business administration/management for which the sale of duplicate items becomes a part of the curriculum. God, you alone can save the people!

A Criminologist’s Diary-10

From Small Acorns, Giant Oaks grow

A child-boy-of 4 years of age has only a 'shuddy' to cover his privates and a girl of 3 years of age too has a 'shuddy' to cover her privates. Both are in a standing position –face to face- and looking curiously something inside the 'shuddy' of the boy.This is an advertisement picture and in it, the girl pulls the 'shuddy' of the boy and both of them with wide mouths and curious eyes look at the privates of the boy and remain there in that position without undrstanding much.And an advice:"FROM SMALL ACORNS,GIANT OAKS GROW'.Everybody driving a vehicle-travelling through that road cannot but enjoy the erotic 'enjoyment' of two innocent children.I saw it and I have the memories of that advertisement coming and going to and from my mind without my permission.Let it be there.

My first visit to USA was in 1986 and then I had to drive to McHill University,Montrial,Canada via Niagra Falls and Toronto.Dr.Gregory Peechatt was driving his car and I closely and keenly looked around and out to find some advertisement boards on the road.I wanted to study how Americans published their commodities.Then I could not find any advertisement boards on roads, road-sides,foot-paths etc.both in USA and in Canada.Later,I had been to many other countries,particularly Singapore where my first daughter,Neethu works in the Ministry of Education.She stays with Abhilash Varghese Koikara,Vice President,Citi Bank there.They have two kids-Anna and George-I have stayed with them for many days and travelled extensively through the roads of Singapore almost everyday.I could not find any advertisemnet boards on roads or road sides there too.I had been to UAE(Sharjah and Dubai) and my boosom friend Adv.George Varghese drove me to various places.There too,no advertisement boards on roads or road sides.They have road signs and boards- and they are only for the safe driving and the safety of the road users.They are not at all to distract the attention of the road users.

How many advertisement boards are seen on our roads,centre of the road,road junctions,road-sides,foot-paths in Kerala? God alone knows them. Are our roads intended for advertisement or safe driving? Sale of Bras,panties,jetties,cigarettes,clothes,jewellery,food-items etc are on roads and they are illuminated throughout the day and night .Beautiful girls dressed in erotic styles with their HALF in and HALF out,boys with attractive jetties in half nakedness or only with jetties,children in urinating position,old women without any upper clothes tasting food...and thus one sees all sorts of undesirable advertisement boards –very colourful and attractive-during their road journey.For what?-For the safety and protection of drivers?-For the safety and protection of other road users?-For the purpose of educating the public on road safety? Oh God! Forgive them.We do not see many road signs,signals,markings,speed regulating devices,lights etc. on roads. Posters of politicians,religious speakers,miracle makers,sports stars,cinema super stars,models,serial girls,cheese cake girls,erotic boys,exotic girls,flesh traders and racketeers are plenty to distract the attention of road users.Accidents occur every second and everybody is deaf,dumb and blind to these social evils which are crimes indeed. Even now, I do not see any advertisement boards on roads in the whole of America and they fail to understand why so many road advertisements in India.

A Criminologist’s Diary-9

Small causes and small claims courts

There is a body Fitness Center for The LINKS at RAINBOW CURVE and the residents can make use of it. It is a well-equipped Center and I used to go there every day exactly at 3 0'clock and return by 4 o'clock tire. Mary is ready with a hot coffee which I enjoyed with pleasure. There is a programme by the CBS television channel and it is all about Small Cause's or Small Claims cases. Judge JOE BROWN and Judge JUDY are there to decide the cases. Being a criminologist and an Advocate by profession, I used to attend keenly the proceedings in the Court and study the quality of the decisions. To quote from the Facebook.com about the Court:"…justice is served daily on the dynamic, tough-talking, no-holds-barred Judge…The Judge adjudicates real cases between real litigants from all across the nation. Litigants are bound by the Judge's insightful rulings and inspired by his mandates to take responsibility for their actions. He shows the litigants unique ways in which they can deal with their mistakes and forces wrong doers to reflect on the consequences of their behavior"

The Court room proceedings is a spectacular reality telecasted by, as said earlier, the CBS television. Judge Joe Brown and Judge Judy deserve special mention. The small claims cases are decided judiciously and legally. The small cause's cases are finalized. Usually, they relate to small contract violations, car damages, rent problems, dog issues, loan repayment etc. It is interesting to see how the Judges decide the cases just by questioning the litigants and by evaluating the evidence produced by the plaintiff and the defendant. There is no lawyer to complicate the issues. The Judge is, as I understand, the Prosecutor, Defence counsel and the decision maker.

When I watch the reality proceedings in the Court, my mind is in Kerala and the petition inquiry by police. The police claim that it is a method of instant justice delivery without any expenditure. But the oft heard allegation against the system is that the instant justice delivery system with little or no expenditure has become cheap owing to several reasons. First of all, the police have no legal power or authority to conduct petition inquiry and adjudicate on the matter. Secondly, a lot of time is spent on petition inquiry so much so that the more important duties of police are conveniently neglected or overlooked. Thirdly, the quality of the decisions becomes a matter of dispute often. Fourthly, the police officials become, as the allegation goes, susceptible to temptations and the politicians cash on their susceptibility. Fifthly, the police, it is said, misuse their power and abuse their authority even to the extent of coercing people by the use of third degree methods and thus the petition inquiry by police has become a curse for many more than a blessing or an instrument of instant justice delivery at no expenses. Of course, the police department claims that the use(abuse?) of their "GOOD OFFICES" in settling small causes or deciding on small claim cases pays rich dividend. I doubt very much as my studies do not give me evidence to endorse their unsubstantiated claims. The police decisions without legal sanctity and power become no decisions at all for those who want to ignore them. They are enforced on the 'enforceable' only.

My suggestion is 'WHY can't we introduce the American Court System to adjudicate on small causes or to settle small claims cases?

A Criminologist’s Diary-8

White Arkansas and Black Kerala

I woke up at 3 o'clock in the morning and saw heavy snowing. Neethie told me before I went to sleep that there would be good snowing on the following day. I called Mary and asked her to enjoy the snowing in Arkansas. By morning there was about 3" of ice and Neethie did not go to WALL-MART to work. She had her login from home as her associates did and that was the usual practice, I understand, in WALL-MART when there was the heavy snowing. By 12 o'clock, the entire area was white and I had seen such scenes only in cinemas and never in reality. Mary, Maria and I went out with Neethie during her noon interval and took some photographs and loaded them in our lap-top. We decided to email them to some of our friends and relatives. We wanted them to feel jealous of us too.

Once Mr.Jacob Punnoose IPS, the present Director General of Police, Kerala State said publicly that the Hawala money in Kerala was more than 50000 crores of rupees. It was a shock to many and the India Vision, a private T.V. Channel in Kerala in their' Talk and Vote' programme(?) called me to their studio to comment on the view of the Director General of Police. They wanted to get the studied view of the then State's only Criminologist on the subject. My observations and researches of the flow of Hawala money and its impact on Kerala's economy and crimes gave me enough proof to assert that the view of the Director General of Police was wrong-far away from being true. I said so boldly and frankly in the T.V.Channel because the Director General of Police was giving an underestimated figure. What is the real truth? The reality is that the Hawala money in Kerala is very much higher than Rs.50000 crores. It could cross even 100000 crores and unmistakably it was proved later that my view was realistic. The real estate ,the Mafias of all descriptions, the crime syndicates, the organized criminals, the nexus criminals ,the racketeers, the lottery kings, the political sharks, the flesh traders, the traffickers, the corrupt bureaucrats and their meat-eater criminal partners, the white collar criminals and economic offenders, consensus criminals, the terrorists, insurgents ,fundamentalists, fanatics, goodas of all types, bandits and unprincipled men, the resort owners of dubious integrity, the drive in bars with other motives, massage centers with flesh trade and thus, thus….the entire Kerala is seen contaminated with such crimes as Arkansas is seen today with snowing and ice everywhere making the smooth life of the ordinary man/citizenry in difficulties. The only difference between Arkansas and Kerala is that Arkansas is white whereas Kerala is black-black with black money!

A CRIMINOLOGIST’S DIARY-7

A hike in patrol price

No one has so far researched into for finding out the relationship between patrol and crime. Though the quest for identifying the causes of crime has travelled a long way from demonology and innate depravity to victimology, no researcher has ever said anything about the effect of patrol hike in price on crime and delinquency. Just in front of our apartment at Bentonville, there is a patrol bunk (gas station as it is called here) from where we used to fill our car. It is a gas station of the Shell petroleum company and the people here believe that the patrol from that station is really fine. O.K., the price of the patrol for a gallon (5 liters) is about $ 3 here. The price for a liter of patrol in Kerala, as I understand from the media, is more than Rs.62/- or so. If we convert the US dollar to Indian rupees, we may get an amount slightly less than Rs.45?-.Hence, when the cost of patrol is calculated, the price for one liter of patrol in USA comes to be slightly more than Rs.26/-whereas it costs more than Rs.62/- in Kerala. Are we so rich to spend more than double the cost for an essential item like patrol? I do not know the economics of this hike in price of patrol in Kerala ,India, nevertheless I know that it is potent cause for the-

(1) Autoriksha, taxi-car owners to declare a strike for a rise in taxi charges.

(2) Private bus owners to go for a strike for a reasonable hike in bus charges.

(3) Truck and lorry owners to spend more for transporting everything from salt to camphor.

(4) Owners of own vehicles to give more money to fill patrol for their private use.

Besides, agitations, demonstrations, stilling the Parliament ,boycotting of Legislatures, price rise in essential items, market fluctuations to the worse, collapsing of family budgets and thus a variety of undesirable situations arise resulting in heavy loss of money and emergence of more and more crimes in various forms and descriptions. Patrol may be the cause of war,genocide destruction of huge property in future and I have no doubt that it can be a strong and powerful cause of environmental pollutions, political agitations, economic offences, price hike and market fluctuations/collapse etc. Certainly, criminologist must devote their time and manpower to study the cause-effect relationship between patrol and crimes. A fight against the price rise in patrol will be a fight against the emerging new crimes in Kerala. Or ,is there anyone who can explain to me the rationale behind this un-understandable price rise in patrol. When 5 cents is increased for 5 liters of patrol, more than Rs 10/- is increased in the State of Kerala. Whether it is the Central Tax, State Tax, Sale Tax, Municipal Tax, City tax or whatever-whether it is the Central Government, State Government or the petroleum companies or international price rise or whatever-whether it is the petroleum dealers, businessmen, politicians, bureaucrats or whoever may be responsible for the price hike in patrol, I may like very much to get an answer to my question:”Are we so rich to spend so much money or more money than the people in US for patrol? India shines, KERALA shines and criminals shine everywhere!

A criminologist’ Diary-6

Ex-husbands and ex-wives in plenty

Ex mla,Ex minister-such expressions are familiar to Malayalees because the number of such personalities in the State is really incredible. I do not think that in our culture, we have heard of ex-husbands and ex-wives. But, here in USA, ex-husbands and ex-wives are plenty and I could see an ex-husband and ex-wife smiling in a birth day party here. Just a couple of days ago, my son-in-law told me about the sad and premature demise of the present wife of his associate in the office. He said that his colleague was really very melancholic because he has been living with her for 22 long years-really long years which, as a general rule, cannot be thought of by many Americans.

Delores Bohman from Ohio was known to me for the last 40 years and she has three children, Deb, Dan and Don. Her husband Lowell L.Bohman died of cancer on October 31, 2010.They had a pleasant family life and such families are not many. Amidst those ex-husbands and ex-wives, there are good souls living together for twenty or twenty five years and the family of the associate of my son-in-law belonged to that rare community.

What about Kerala? It has been observed by the sociologists that the family is an institution most disrupted in the State today. Divorces are going up, desertions are very high, and separation is in vogue besides the disorganized families everywhere owing to several factors-visible and invisible. Long ago, I wrote a number of articles about the rising trend of divorces in Kerala. At that time, there was only one family court in Thiruvananthapuram and it attended to family cases from Thiruvananthapuram and Kollam districts. Now, family courts are established and functioning in many thalukas and the work load is really very heavy in every court. Incidentally, I may recollect my experience. After enrolling myself as an Advocate before the Bar Council of Kerala, I was seated in my office in Thiruvananthapuram. A lady and her daughter came to me for legal advice and they wanted immediate divorce. I said that I could not take up the Vakkalath as divorce cases did not come in my area of practice. Also, I did not want to give legal advice to a divorce case as my first case. Being in police, I had many occasions to interact with couples and I do not exactly remember the number of family disruption cases compromised by me.

The reason for the incredible increase in family disruption may be many and various and enumerating them here is not the objective of this blog. I am very much afraid and am terribly upset and frightened to notice the incredible increase in divorces, desertions and separations in family life in Kerala. Are we going to increase the number of ex-husbands and ex-wives amidst us? What about our children then? Yes, when the values are westernized, certainly the family will be westernized. Home, SWEET HOME may be a home in our dreams and not in reality in the near future!?

A Criminologist’s Diary-5

Retirement as vote bank

"Retirement at the age of 65 is ridiculous. When I was 65,I still had pimples"-said a professor who retired from Michigan University when he heard that I retired from active Government service at the age of 55 on superannuation. He could not believe me and I think that he still does not believe me. Yes, my from Rochester, New York, is 73 years of age now and he retired from his active service only about a couple of years back.

In Kerala, India, some people retire at the age of 65,some at the age of 60 , some at the age of 55 , some do not have retirement and some get reemployment after retirement. Is there any place in the entire universe where so much confusion and differences in the age of retirement exists?-There is unreasonableness too in the matter of retirement. People are literally kicked out or forced to retire at the prime of their youth from active Government service for enabling new job seekers to get into the service. I am told that the number of pensioners is going to outnumber the number of employees in Government service. I understand that the fund spent from Government exchequer to give pension to the young pensioners is very huge and the amount of money spent for giving salary to the new entrants to the service is indeed very high. Adding them together, it is easy to understand that the Government service is highly expensive and the people are condemned to get inferior services as the experienced employees are at home as retired people. The inexperienced new entrants render their service and by the time they become mature and experienced, they too are dragged out or kicked out. They know their bad fate so much so that an employee who joins the service at the age of 40 gets hardly 15 years to go for his retirement. He must live even after his retirement and corruption becomes the easiest short cut to amass wealth and live comfortably after his retirement. In my view, the early retirement is a push or pull factor for corruption and bribery in Government service. More about my Push-Pull-Ego-Factor theory on crime causation (here corruption) is not discussed here. It is out of context.

"Before getting employed in Government service, a man yearns for a job and after getting employed, the 'Y' is silent"- and this is so because he has to say good bye to his service at the age of 55 on superannuation. If at all the exchequer has a great loss-if at all the service is rendered by the newly appointed in an inferior way-if at all corruption in multiplied-if at all confusion and unreasonableness persists in the matter of retirement age, one thing is ensured-i.e., the VOTE BANK is well protected. All is well that ends well .Nevertheless, some remedies are worse than the disease and the decision to pull out the Government employees at the age of 55 on superannuation in the most literate State in India is said to be a REMEDY for unemployment, but certainly worse than the DISEASE.

A CRIMINOLOGIST’S DIARY-4

Part Prohibition and Reduction of Liquor

That was a Saturday afternoon and Martin told us that he would very much love to take us to Branson city in Missouri State. Only two hours' drive from Bentonville and that too trough a rural road. Rural roads are as good as city roads and therefore we could not make out the difference very well. Any way it was a cold day and there was fog on the way to Branson city where people go during their weekends to spend time and leisure. The Titanic Museum was a real attraction there for the tourists to Branson and we were issued with boarding pass to get into the ship. Titanic's crashing in the Atlantic Sea is known to all and we could see how it was. The guide who took us through the cabins, halls, docks etc. of the ship told us about the extent of coldness of the water at the time Titanic crashed. He asked us to put our index finger in the water and a stop watch was there to show us the duration of the time we could put our index finger .Maximum time was three minutes and I pulled my finger after 50 seconds or so.there was benumbing and according to him, no one could survive the coldness of the water more than three minutes. We saw the signaling system, Mores Code, dining hall, sleeping arrangements, food storage, indoor games hall etc. and they were superb. We were not allowed to carry our camera and therefore we could take a photograph of visit and left Branson city at about 4o'clock in the evening.

On our way back through the rural roads, I asked Martin to tell me whether or not liquor was available on the way. Why did I ask him so? Once I was travelling from Thodupuzha to a nearby town-about 20 kilometers distance- I could count nearly a dozen toddy shops and I was shocked to hear that the rural folk there enjoyed drinking toddy either alone or toddy mixed with spirit. Martin told me that liquor was prohibited in that County and he could get one from the nearby County where the sale of liquor was permitted. Honestly, I did not want liquor and therefore my discussion turned to an academic direction. X'mas was just over and I did listen to the T.V.telecast about the liquor sale during the X'mas season ,2010 and the incredible rise in the sale followed by the routine channel discussions taking us nowhere about the causes, control and prevention of liquor sale in the beautiful State of Kerala.

In Kerala, there is a long queue in front of every liquor shop and liquor shops are seen throughout the State. If I remember correctly, it was Mr.A.K. Antony's Government which enforced a total prohibition of the sale of arrack in the State and permitted the sale of toddy alone. Even at that time, there were strong criticisms against his Government's not well studied and thought out decision. Many were of the view that the total prohibition was no solution –rather creating awareness about the evil effects of drinking was a better solution. I too wrote articles in the vernacular dailies and I remember to have written an American decision to impose prohibition and later their decision to lift the total prohibition as found to be an utter failure. No one heard about it or if at all heard, did not attend to it seriously.

Now in U.S.A.,there are Counties where sale of liquor is permitted and there are Counties where there is prohibition. People who want to drink liquor go to Counties where the sale is permitted and purchase bottles. Of course, side by side, there is strict and serious law enforcement in Counties where prohibition prevails.Certainity of punishment is ensured for the violation of law so much so that I did not or I could not find hooch anywhere there. I do not think that liquor addiction is a police problem here, rather is a psychiatric problem. Of course there is drunken driving and the law takes its course, if caught.

In Kerala, my question is: 'Why don't we allow the sale of arrack in selected talukas and impose prohibition in other talukas?'People who want to drink arrack will purchase bottles from the talukas where they are available. The non-availability of liquor lavishly everywhere at the beck and call of the people is a sure and proved method of reducing the number of people who drink. It is learnt that the U.S. experiment was a real success and they could considerably reduce the number of people who drink here.As liquor shops are plenty in Kerala, people are tempted to drink .Hooch is available and illicit transport of spirit is in vogue. Law enforcement is said to be weak and there is allegation that there exists an unholy nexus among the bureaucrats, liquor businessmen, politicians so much so that the sale of poison is in full swing in the State. My humble suggestion is to impose or enforce PART PROHIBITION(area-wise) for the reduction the incredible sale of liquor and illicit liquor.

A CRIMINOLOGIST’S DIARY-3

Satan Accusing the Sinner

Bentonville in Arkansas is not a big city like Dallas (in Texas) from where we came here a few weeks back. Dallas-it was there President Mr. John F. Kennedy was assassinated and we had been there to that spot about a few days ago. The roads in Bentonville are as good as they are in Dallas and I could notice a method of driving- a system in driving. People respected lane traffic and they truly obeyed the signals. No policeman is seen anywhere controlling and regulating thousands of vehicles running at 60-70 miles per hour. Of course, there are cameras fixed everywhere to book the violators of traffic laws and rules.

Although we were with Neethie who drove the car for us through the streets of Bentonville, my thoughts were in Kerala. I was thinking about road accidents in Kerala. WE used to view Malayalam T.V.channels via Bom TV network and every day we sadly listened to deaths owing to traffic accidents. Why? Discussions are held by the media and the people speak a lot about many reasons for the increasing road accident rate in Kerala, in India. Of course, they are all crackpot theories and I simply refuse to blame always drivers for the accidents in 1956 when the State was reorganized and now when the State in the I.T.world. The cliché ridden explanations like 'rash and negligent driving', over speed, reluctance to observe the traffic rules etc. may be there as contributory factors. I am inviting the attention of the authorities and want to ask them a simple question-"Are our roads worthy of calling roads? "In circus tents, we see a programme called 'Driving into a Death well 'People see the programme without breathing and all the time praying to God, the Almighty: 'Oh, God ,nothing undesirable should happen to the unfortunate driver into the Death-well'. And when the programme is over, people have a sigh of relief. Almost that way, our people are tensed when they are on roads with gutters, without tarring/proper tarring, without road markings/proper markings, with wrong sign boards, with insufficient signaling or with improper signaling or wrong signaling, with people who do not know how to regulate or control vehicular traffic on roads having water pockets, road side vendors ,with lights blocking eye sights, without lights/proper lights, with a variety of vehicles of all descriptions, with drivers who know little or nothing about road rules and laws, with pedestrians, cycles and cyclists,beggars,old men, physically handicapped, without pedestrian tracks….and thus the litany of road defects and defaults of authorities is very long. A country/State which collects enormously huge amount as road tax does not invest adequate fund for road development and they accuse the drivers overlooking theirs. Ridiculous indeed!

A CRIMINOLOGIST’S DIARY-2

Road Bandhs For Political Advantage?

We are staying in one of the Bentonville Apartments-THE LINKS at RAINBOW CURVE- and the temperature outside may be anything less than zero degree Celsius. Sometimes, there is snowing-heavy or light- and at other times, ice may be seen. The roofs of the buildings are seen white and the roads are not safe to drive. No human being anywhere to be seen. Of course, there is heating inside the room and thus we maintain the room temperature.

I remembered the Thermal Theory of Crime causation and I studied it for the first time during 1971-'73 when I was doing B.A. with Criminology and Forensic Science Major at Karnatak Arts & Science College, Dharward. The theory proposed that the CLIMATE was a cause of crime. In other words, during the cold season, crimes against property were more than crimes against persons/human body. And during the hot season, crimes against human body were more than the same against property. One of the explanations was that human interactions were more during the hot season and that was the reason why there were more offences against human body/person reported. I was born and brought up at Manjapra, a remote village in Kerala State and I could not ever see the changes in climate in Our God's Own Country and therefore was not able to understand and assimilate the Thermal Theory then. Now, I see the real change in climate and can understand appreciate what is precisely meant by 'cold season' and the 'Thermal Theory', although I do not agree with the contents of the theory. I may emphatically assert that it is not the climate that causes crimes. The climate may be a facilitating factor for the criminal to commit crimes and can never be the causative factor. The criminal factor in the real criminal is entirely different.

Going back to my State, Kerala, I observe road bandhs, human chain, street corner meetings, staying- in- on road strikes, jhathas or demonstrations on roads, religious processions of all kinds blocking vehicular traffic, political protests and what not on roads? People used to get annoyed at them.Recently, the High Court of Kerala prohibited street corner meetings and road blocks as they were found to be violating the fundamental rights of the citizenry to movement-to FREE movement. The Supreme Court of India upheld the judgement of the Kerala High Court when the original verdict of the Court was appealed against by Kerala Government. Some political party leaders were really annoyed at both judgements as they could ever misuse or abuse the roads for their political advantage.

Seeing no one on roads at Bentonville,I used to think" Where have the people in Bentonville city gone?" and I have the answer ready in my hand. If at all they want to be on the roads, they can't, for the climate in freezing temperature is not at all favourable to them to create road bandhs and road blocks .Yet, the people in U.S.A. make their protests and get their rights protected. Why can't the political leaders who advocate road blocks and street corner meetings accept the truth that their freedom of opinion/expression(another fundamental right under the Constitution of India) can well be protected even without creating road blocks and bandhs, road shows, road drammas and dharnas ? Why don't the so-called or so-named leaders understand that the rights to be free in opinion/expression should be protected at the appropriate forums and places and not on the center of the roads? The favourable climate in the God's Own Country should never be converted as a licence to block the roads or as a weakness by the politicians to serve and protect their vested interests.(to be continued.)

A CRIMINOLOGIST’S DIARY-1

Why this diary?

My wife and I stay now in Arkansas, U.S.A.-to be more specific at Bentonville city where the headquarters of WAL-MART-Save Money, Live Better – is situated. Our daughter, NEETHIE, a Software Engineer by profession got appointed recently in WAL-MART's software division as Programmer-Analyst. She has been staying with her husband –Martin Joseph Madathiparambil-and Daughter-Maria- in Dallas, Texas, U.S.A. They have their sweet home there. Her new posting in WAL-MART's headquarters necessitated her to leave Dallas and go to Bentonville city, Arkansas State with Maria. We decided to accompany her and thus we are at Bentonville. We came here on November 7^th, 2011 and will be with her till 11^th, April 2011 as it stands now.

Neethie had an orientation programme in WAL-MART and she then got a book titled: SAM WALTON Made in America. How enterprising he was! He started his life in a simple way and grown to the status of the NO.1 retailer in the world-the richest man as seen in the media. On 7^th January,2011 Neethie came with a birthday cake, for it was the 58^th birth day of her mother and the CAKE from the WALMART store was an added enthusiasm. After reading the book SAM WALTON Made in America and enjoying the sweet birthday cake, I decided to be more vibrant and enthusiastically active. Hence, I decided to start writing a diary-A CRIMINOLOGIST'S DIARY in my BLOG. I have a lot to share with my people.

Already I began to write in a BLOG about the TRIAL OF UNITED NATIONS- a book I am writing here now. It is in full swing after writing a few points in my BLOG,I asked my daughter and son in law to comment on it. They vociferously said their helplessness to comment on the topic about which both of them had little education. They said further that many might experience the same problem and therefore they suggested that it would be better to have the technical book written and published. Yes, there is a point in their suggestion and my wife, Mary endorsed their view then and there. Fine. A BLOG is intended or should be so for a larger audience/readers and must be written in a lighter way with relaxed muscles avoiding technicalities and jargons. I gladly accepted their suggestion and thus switched over to a popular area-i.e., a DIARY –so that more people will enjoy reading the BLOG. Already, I have started writing in TWITTERS and I find that my TWEETS are appreciated by many. My TWEETS were about the Administration of Justice- an area under fire throughout the world. People want justice and they should get justice. It is their right and no body's charity. That is entirely a different issue and this BLOG is not at all about it.

I put a full stop to my TRIAL OF UNITED NATIONS and now I switch over to this Diary and today is 20^th, January, 2011, a nice day to begin. There is snowing outside and my granddaughter does not go to pre-school today. "Believe only half of what you see and nothing that you hear"-this is an oft quoted English saying, but I assure you that you can believe everything that I write in this Diary, for it contains only truth, nothing but truth and written by me and I have the firsthand experience, information and knowledge of what I write in my Diary from today onwards. (to be continued…)

The Trial of UNITED NATIONS-5

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (contd.)

The second question relating to the custody of the tortured may be answered as follows. In my view, physical custody is necessary or inevitable in all cases of torturing. The physical custody may be 'under arrest, under detention or under imprisonment' etc. As far as the third question, i.e., the question of pain or suffering arising only from, inherent in or incidental to lawful sanctions given in the original text is concerned, I am of the firm view that the entire portion should be deleted. Since the socio-cultural and majority scales are applied to assess the severity of pain, there is no need to have this unnecessary portion in the amended description of TORTURE. Hence the new description of TORTURE will be-

ARTICLE -1

For the purposes of this Convention, the expression 'Torture' means any act or omission by which severe pain or suffering, whether physical or mental or both or spiritual or moral is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession ,punishing him for an act or omission he or a third person has committed /omitted or is suspected of having committed /omitted or intimidating,provoking,instigating,encouraging,inviting,contributing,conniving or coercing him or a third person when such pain or suffering is caused by or as instrumental to or with the knowledge or with the consent or acquiescence of a public official or other person acting in an official capacity.(to be continued…)

The Trial of UNITED NATIONS-4

Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment (contd.)

I had difficulties to explain 'TORTURE' during T.V.discusssions which were held immediately after a torture death in police custody. The problems I faced could be enumerated as:

1. How could we assess or evaluate or measure whether or not the pain or suffering was severe?
   
2. Should the "tortured" be under the physical custody of the one who would have tortured him?
   
3. How to find out whether or not the pain or suffering was arising only from inherent in or incidental to lawful sanctions?
   

   Answering the first question was not easy. Severity of pain might be assessed differently by different people .What would be severe to one might be "not severe" to another. As subjectivity would be more in evaluating the severity of torture/suffering, an objective assessment of the pain/suffering would be difficult indeed. Of course, one can more or less, assess the physical pain. One of the methods adopted by the officials would be to inflict physical pain without causing any external injury to the tortured. Examples taken from the diary are(1) Keep a man in a chilled room or ask him to lie down on an ice block until-at last he confesses his guilt or gives information about his involvement in the commission of crime.(2)Keep ice cubes in the anus of the interrogated-one after another-until a confession/information is obtained.(3)Forcing a man to consume alcohol or pouring liquor into his mouth forcefully and excessively so that he may speak under the influence of intoxication.(4)connect one end of a hose to a running water tap and the other end to the mouth of the person in such a way that he will be in real difficulty if he does not confess his crime or give information about his involvement in the commission of crime. Thus the methods are numerous and many of such methods can be conceived only by human imagination. No one who loves the concept of human rights can think of such cruel and inhuman methods.
   

   The real difficulty arises in cases of mental pain. My view is to assess the severity from the socio-cultural points of view. If particular act/behavior/talk/expression etc. causes mental pain to majority of people in a given socio-cultural situation, then one should consider it to be 'causing' mental pain. The severity of mental pain too can be thus assessed. The following live examples may illustrate it further.(1) Detaining an accused in nakedness or half-nakedness or nakedness covered with newspapers.(2)Parading the arrestees in handcuffs in public or parading them after tying their hands together like animals being taken to butcher shops.
   

   Once a few women were taken into custody from a brothel and they were brought to a police station and exhibited to the media men who videographed them in police custody. They later telecasted it and it invited severe criticisms from human rights activists. Hence, my suggestion is to apply socio-cultural and majority or statistical scales to assess the severity of mental pain in torturing cases. Hence, judicial officials, law enforcement officers, public authorities or other persons acting in an official capacity must be taught and trained how they must apply the above scales to decide upon the severity of mental pain in each and every tortured case.(to be continued…)
   

The Trial of UNITED NATIONS-3

Convention against Torture and other cruel, inhuman or degrading treatment or Punishment (cont.…)

The fact that one is not 'spiritual' does not mean that he is devoid of all qualities and values. Many do have a lot of moral
values violation of which can and do cause 'uneasiness 'of human mind or unsettling of the same. Just listen to these incidents from my personal diary.(1) instead of the son, a police officer forcefully took brought his father to the police station. The son got the information and he surrendered; (2) visiting the home of the suspects regularly at irregular hours just to harass the family members and thereby the force the suspect to surrender and confess the crime. They are not only immoral but also illegal. The wife, mother or children of the detainee are brought to the police station and then forcing them to remain there in a condition of starvation for hours together until at last he makes a confession or gives information. They are infamies and therefore I may prefer to amend the Article to read"….any act or omission by which severe pain or suffering ,whether physical or mental or both or spiritual or moral is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act…"

Here again, why did the Convention consider only an "act" and not "omission"? Crime is defined as a violation of law and the violation can be in the commission or in the omission.Therefor the amended version should be:"… for an act or omission he or a third person has committed/omitted or is suspected of having committed/omitted or intimidating …" The words intimidate and coerce do not give the meaning in its full strength. Hence, more" words" signifying meanings must be added and in my opinion, they can be "provoking, instigating,encouraging,inviting,contributing etc. Precisely therefor, I suggest to include such words too to read:"…or intimidating, provoking,instigating,encouraging,inviting,contributing,conniving or coercing him or a third person, or for any reason based on discrimination of any kind …"There, "for any reason based on discrimination of any kind"-the expression is vague and can be interpreted in one thousand ways.What does the Convention mean by "Discrimination of any kind? "when the discrimination can be made on many counts such as sex,age,nationality,regionalism,religion,caste,subcaste,denomination,language,colour of the skin,education,profession,marital status,finance,social position, political affiliations,"sophies","isms","ologies",culture and what not? Hence my considered view is to delete the entire phrase or portion from the description of TORTURE to read: "… coercing him or a third person when such pain of suffering is inflicted…" Here, I do not favour a second "infliction" in the description as the word "inflicted" is already used once. Hence, I suggest putting "CAUSED" instead "inflicted" Why? "Caused" may be by self or by others. Cause has a better meaning in language and philosophy. Cause has an effect and " caused" has an effect of" pain or suffering".Behavioural science to subscribe to such a view. Hence it follows-"…pain or suffering is caused by or at the instigation of…"The expression "instigation of" again does not convey everything intended by the Convention. Everything here may mean-(1)conspiracy of silence, (2)conspiracy of approval,(3)conspiracy of encouragement,(4)conspiracy of appreciation,(5)conspiracy of connivance etc. and "instigation" becomes one of the several ways the conspiracy may be conveyed. Therefore, I suggest substituting "instrumental to" for instigation of .It is to read thus:"…pain or suffering is caused by or as instrumental to or with the…"In the original text of the Convention, the word CONSENT follows. In my view, CONSENT alone is not enough. Therefore I suggest to put "knowledge" as well. There were instances in which some officials have caused pain or/ and suffering without the consent of their superiors/supervisors. For, they would be the blue eyed sons of the political executives, especially- the Minister of Home. In such instances, torture could be seen without express or implied consent of the higher officials, but certainly with the knowledge which they have.They helplessly tolerate them without initiating any sort of action against their subordinates/associates who torture the helpless in their custody. This is a sort of callous indifference and culpable negligence to enforce human rights justice. Hence the suggested amendment is-"…with the knowledge or with the consent or acquiescence of a public official or other person in an official capacity" (to be contd.)

 

 

 

CONVENTION AGAINST TORTURE AND OTHER CRUEL,INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT …(Contd)

Continued from 1, January, 2011

Earlier, I said that omissions too must come in the description given by the United Nations. Here, it is of interest to know the purpose of the act /omission. One of the purposes is to cause severe pain or suffering and the Convention specifies the pain or suffering to be physical or mental. It is an obvious fact there is no (in the custodial facility) or suffering which is physical alone or psychological alone. In most of the time or better, always, it is psych-physical. Still, admitting that the pain or suffering can be physical alone or psychological alone, I may prefer to write it to read "physical, psychological or both" so that the idea is better communicated. My experience (and to some extent, the history too) shows that the pain or suffering could be caused in spiritual or moral ways too. Why did the Convention omit the? The 'uneasiness or unsettling or restlessness of the human mind can be caused by spiritual or moral infliction of pain or suffering. The homeostasis is disturbed by causing mental conflicts or frustrations.

The following are real illustrations. Taking a crucifix and compelling a strong Christian believer to confess to the crucified Christ.Certainly,it causes severe spiritual pain/conflict. In another case, taking a sacred Scripture (like Gita for Hindus, Koran for Muslims and Bible for Christians and so on) and forcing people to make confessions holding the sacred Scriptures. Yet another case, asking the detainee to eat the meat of certain animals (prohibited by their religion),or forcing him to do certain acts which are prohibited by the religion etc. All with the sole intention to get a confession or to provide some information. Violations of religious rituals, rubrics, rules and values may cause or result in psychoneurotic behaviours/obsessive-compulsive reactions/phobic reactions etc. Their homeostasis is disturbed. If a detinue is not religious minded/theist, then the pain or suffering caused may be very severe. If the detainee is not religious minded or theist, then there is nothing to worry about the spiritual pain or suffering. Any unwanted expression of words-i.e., religiously filthy words-unaccepted by the religion,caste,sector,section or denomination by an officer belonging to a different caste, faith or religion may cause severe pain not only in the detinue but also in others emotionally and religiously related to him and sometimes resulting in communal riots and religious begotary.Hence,my suggestion is to add "spiritual" too to " "physical,mental or both.(to be continued…)

 

CONVENTION AGAINST TORTURE AND OTHER CRUEL,INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

The term TORTURE was described for the purpose of the Convention [G.A.res.39/46(annex.39 U.N.GAOR Supp.(No.51)at 197,U.N.Doc.A/39/51(1984)] and it means "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions". This Convention, it seems to me, presumed that torture could be caused only by an ACT. But history and experience prove that OMISSIONS too cause torture.

The illustrations taken from my diary may be cited to prove my view. In the custodial facility (it is called police lock up) of a police station, I could see a lot of water after a heavy rain. Nothing was done to drain the water in the room. Ventilation was not enough and there were bugs and biting ants. Nothing was done to clean the room. The detainee could not sit or sleep in that room as there were no creature comforts ensured. He was thus forced to confess his involvement in the crime alleged. Another illustration from the dairy is about a woman's cry in a police station. A woman was arrested and detained in the police lock up (custodial facility).After half an hour of her detention, her monthly mensuration started. There was no provision then to provide sanitary napkins to attend to the special needs of women. The policemen told her to confess her involvement in the crime alleged or give information if she wanted to get out of the situation. Thus the omissions in police custodial facility, in correctional institutions, in places where arrestees are remanded under a judicial order etc., are many and certainly they are real violations of human rights. No food, no qualitatively good food, no quantitatively enough food, no bed, no blankets, no sufficient space to sleep…and thus goes the litany of 'omissions' which indeed cause severe pain or sufferings. Why did the Convention omit it? Therefore I suggest adding omissions too in the description of TORTURE to read "Any act or omission…"(to be continued…)