Adoptions: India, Delhi: Police

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[[File: States with the highest number of adoption cases.jpg|States with the highest number of adoption cases; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=08_09_2016_002_021_011&type=P&artUrl=Surrogacy-rules-make-adoption-wait-longer-08092016002021&eid=31808 ''The Times of India''], September 8, 2016|frame|500px]]  
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[[File: Delhi Police, i) Number of employees; ii) IPC crimes registered, 2012-15.jpg|Delhi Police: i) Number of employees; ii) IPC crimes registered, 2012-15; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=22_01_2016_008_025_007&type=P&artUrl=HC-asked-Delhi-Police-to-fill-14000-vacancies-22012016008025&eid=31808 ''The Times of India''], January 22, 2016|frame|500px]]
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[[File: Delhi Police vis-à-vis Mumbai Police on social media, as in Jan 2016.jpg| Delhi Police vis-à-vis Mumbai Police on social media, as in Jan 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=28_01_2016_002_030_008&type=P&artUrl=On-Twitter-Delhi-cops-losing-battle-of-wits-28012016002030&eid=31808 ''The Times of India''], January 28, 2016|frame|500px]]  
  
 
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=The background=
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''' Solution May Lie In Devolving Some Powers To State '''
[[Category:Law,Constitution,Judiciary |A ]]
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=The law=
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Manoj Mitta | TNN
== Adopted child has same rights as biological offspring==
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2019%2F09%2F19&entity=Ar01405&sk=EC00CED1&mode=text  Ambika Pandit, Sep 19, 2019: ''The Times of India'']
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The Central Adoption Resource Authority (Cara) has said the law makes it clear that any child once adopted legally has rights equal to that of a biological child.
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2014/01/22&PageLabel=11&EntityId=Ar01100&ViewMode=HTML The Times of India]
  
Cara’s observations have come in response to a railways circular shared on micro-blogging site Twitter in connection with a case where a Bengaluru-based railway employee, who applied for the unique medical identification (UMID) smart card for health facilities, was told that only the first of her two adopted children was eligible for facilities as a dependent.
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New Delhi: Ever since the Delhi assembly came into existence in 1993, both Congres and BJP have been clamouring for full statehood for the national capital. Arvind Kejriwal’s dharna and his partial success on Tuesday in pushing the Centre to yield to some of his demands against the police have served to highlight a constitutional anomaly about Delhi.  
The woman officer, Veena A Nayak, now wants to include her son’s name as a dependent. The daughter is now 18 years old and son is 14.
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Nayak had applied for the UMID card for her son in August, but she received a response which said that “only the first adopted child (if already accepted by administration, provided you had intimated) is eligible for facilities as your dependent. Hence you may please submit the UMID application of the first adopted child for further action”.
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In their political rhetoric, Congres, BJP and AAP all agree on doing away with the anomaly of Delhi Police being outside the administrative control of the capital’s elected government.  
  
Her case found mention in a tweet shared by voluntary organisation, Families of Joy, that shared the response of the railway division she works for. The NGO also shared a circular dated September 9, 2000. In the circular related to health facilities in the definition of family members it is stated that step sons, unmarried step daughters, married step daughters and one adopted child are covered.
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This lacuna in the jurisdiction of the national capital’s government is why Delhi is not considered a state despite having an assembly and a CM. The stalemate has remained unresolved despite different models available in other national capitals to balance democratic and security exigencies (see graphic).  
  
Cara CEO Deepak Kumar responded to the tweet, stating, “These are dated letters of the railways and definitely requires to be revisited and amended in line with the present laws. In this direction, attention of the railways must be drawn to Sections 2 (2) and 63 of the JJ Act, 2015 as well as Section 12 of Hindu Adoption & Maintenance Act.
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Unlike its counterparts in states, the Delhi assembly is barred by Article 239AA(3)(a) of the Constitution from making laws on three of the 66 state list entries. The three subjects that do not apply to the Delhi assembly — and therefore the Delhi government — are Entries 1, 2 and 18 dealing with public order, police and land.  
  
Section 2 (2) makes it clear that “adoption” means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship. Section 63 states emphasises on the adopted child’s rights as equivalent to a biological child after the adoption order is legally formalised.
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The sensitivity of the situation can be gauged from the fact that even when the NDA government made an abortive bid in 2003 to confer statehood on Delhi, the Bill introduced by L K Advani steered clear of Entries 1 and 2 that deal with the city’s security.  
  
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As a corollary, the Delhi Police commissioner reports to the Lt Governor, who in turn discharges functions relating to public order and police with Union home ministry’s concurrence. This means that when there is a law and order breakdown, the Delhi CM can only demand action against errant police officials, as Kejriwal did through his dharna. However grave the provocation, the CM cannot suspend or transfer any policeman.
  
==Child once given for adoption cannot be taken back==
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Tthe peculiarity of Delhi is evident from the special exemption enjoyed by Lutyens Delhi, the seat of India’s government, from the constitutional obligation of having an elected municipality. In this prime area where Kejriwal held his dharna and which constitutes 3% of Delhi, the centre owns most of the land and 80% of buildings. Hence, the conventional pattern of representative local self-government was found unworkable. The New Delhi Municipal Council is essentially nominated by the Union government.
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Jolt-to-mom-as-HC-says-child-will-05122016011019 ''The Times of India''], December 5, 2016
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The larger context in which the Delhi government took to the streets was the failure across the country to implement the 2006 SC judgment mandating reforms to insulate police from illegal political interference and to make them accountable to independent watchdog bodies. While most states have disregarded the verdict, the Centre has not so far enacted a fresh law which would have introduced police reforms in Delhi. This is despite a model Bill proposed by the Soli Sorabjee Committee in 2006.
  
'''Jolt to mom as HC says child will stay with adoptive parents'''
 
  
The Calcutta high court has directed that a two-year-old child would remain with a couple who had adopted her, despite the biological mother's tearful plea to get her back, noting that a lower court had passed the order for adoption of the child.
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==Control of Delhi Police==
  
A division bench comprising justices Ashim Kumar Ray and M M Banerjee observed that since it was hearing a habeas corpus petition by the girl's biological mother Jayashree Chowdhury , it would not tinker with the order of a Malda district court that had allowed the adoption.
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===History: how Delhi city lost control over its police===
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''' Centre firmed its grip on cops with orders, not laws '''
  
Jayashree had married in her teens and had given birth to the child in September 2014. Within a few months of the birth of the child, she filed a complaint of having been thrown out of her in-laws' house. The child was then handed over to an NGO and Jayashree was sent to a government home. A few months later, Jayashree was reunited with her husband and pleaded with authorities to get her child back.
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Abhinav Garg TNN
  
==HC: Biological mother has no right over child adopted by 2<sup>nd</sup> husband==
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2014/01/22&PageLabel=5&EntityId=Ar00500&ViewMode=HTML The Times of India]
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F28&entity=Ar01705&sk=2A5AE47F&mode=text  Ajay Sura, October 28, 2018: ''The Times of India'']
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2014/01/22&PageLabel=11&EntityId=Ar01103&ViewMode=HTML The Times of India]
  
Punjab and Haryana HC recently ruled that a biological mother has no right over her child after the latter is adopted by her second husband.
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Before 1947, Delhi Police was a part of Punjab Police
  
Justice R K Jain passed these orders while dismissing a petition filed by a 13-year-old girl through her mother, who resides in Australia. The woman’s second husband had adopted her daughter in 2009. The woman now wants to shift her daughter to Australia without the adoptive father’s permission.
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In 1948, it got an ''' IGP ''' — D W Mehra
  
In the petition, the woman had sought directions to the Australian high commission that it should not insist on a no-objection certificate/signatures of the adoptive father on the NOC that she had filled to obtain a visa for the girl.
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The post of ''' commissioner of police ''' was instituted in 1978. J N Chaturvedi was the first CP
  
An objection was raised by the Australian high commission — it said since the petitioner was less than 18 years of age, the form submitted by her mother should also be signed by the non-accompanying adoptive father.
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Earlier, the IGP reported to the Delhi chief secretary. Now, the CP reports to the lieutenant governor of National Capital Territory
  
The minor through her mother then approached the HC, submitting that it is the right of a child as per the United Nations Convention on the Rights of the Child to decide which parent he/she would like to live with. Hearing the petition, Justice Jain observed, “Even if it is presumed for the sake of arguments that the petitioner minor girl is the biological daughter of her mother, yet there is no dispute that the mother has given her daughter in adoption by way of an adoption deed.”
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The reporting structure of Delhi Police is complex. MHA exercises overarching control But the Union home secretary and LG jointly supervise the force
  
==Siblings can be separated during adoption with consent==
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Arvind Kejriwal is not the first chief minister of Delhi to demand the state’s control over its police. The Centre’s first move to take away much of the city’s influence over Delhi Police in 1996 drew noisy protests from the BJP government at the time. The Sheila Dikshit government was also vociferous in demanding control over the 85,000-strong force but meekly submitted to the Centre’s 2011 decision to deprive it of all remaining powers. TOI traces the history of this ‘takeover’ through a trail of documents accessed from the Delhi government.
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F03&entity=Ar01609&sk=F5ED1FEC&mode=text  Siblings can be separated during adoption with consent: Maneka, January 3, 2018:  ''The Times of India'']
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The papers show that until 2011, the lieutenant governor and the city government’s finance department had a say in police’s budgetary allocation. But in early 2011, the home ministry unilaterally attached police’s budget to its grants. It also blamed the state’s public works department (PWD) for dragging projects and ordered that a PSU like NBCC be awarded police-related construction work. The ministry took these decisions unilaterally through executive orders, without much discussion with the local government and the Centre.
  
In a significant development that will play a decisive role in the adoption of siblings, soon the consent of a child above five years of age in the adoption pool of the Child Adoption Resource Authority (CARA) could be sought before separating him or her from the sibling to enable adoption.
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Early in 1996, the MHA had taken away Delhi Police’s budget from the city government and laid down modalities for its separate accounting. It reshuffled existing arrangements by making Delhi administration’s accountants—maintaining
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Delhi Police accounts—report to it. The state government responded with a note. Principal secretary (finance), P S Baidwan, pushed for keeping Delhi government’s stake in finalizing the police budget saying it is “essential to monitor the expenditure and also it will help in scrutinizing various proposals in their proper perspective”. He pointed out that Delhi Police was not created under powers conferred in the ‘union’ list of subjects, unlike CRPF or BSF, but owed its existence to a schedule in the ‘state’ list, and hence should not be controlled by MHA. The correct constitutional position, he said, would be “for MHA to provide funds to the LG to administer the reserved items within his delegated powers”.  
  
This will be a break from the current position wherein siblings are adopted together by a prospective parent. The Juvenile Justice Act 2015 too prescribes that all efforts must be made to keep siblings together, unless it is in the best interest of the child.
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The note prompted then chief secretary P V Jaikrishnan to issue an office order in September 1996 forming a ‘standing finance committee’ with the police commissioner and the finance secretary as members for Delhi Police’s budget, maintaining the Delhi administration’s influence in police affairs. The matter was given a quiet burial with MHA acknowledging Jaikrishnan’s order.  
  
However, it has been clarified that the change being made will be a decision on a case-to-case basis and siblings will not be split as a norm. A detailed assessment by the Child Welfare Committee and CARA will determine if the siblings are to be separated even after a child agrees for adoption.
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For the next 15 years, the tenuous arrangement held firm, with the LG and Delhi government both having a say in police proposals, expenditure, modernization plans, etc. However, in July 2011 the MHA brought police’s pay and accounts under its chief controller of accounts. Delhi’s finance
There are over 80 sets of siblings accounting for 176 children in CARA’s adoption pool at present.
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department again protested and sought a review but MHA succeeded in gaining full control. In a meeting chaired by then joint secretary (UT) K K Pathak, the ministry conveyed to the state government its decision to take control of the police budget.  
  
In keeping with the JJ Act, CARA has been placing siblings with the same family except in rare cases. “But this will now be changed,” women and child development minister Maneka Gandhi said on Tuesday. While children above five will have to give consent, CARA will assess the best interest in consultation with other stakeholders in case of younger ones, an official explained.
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By April 2012, the MHA ended Delhi government’s remaining influence. The state would no longer approve police modernization projects nor sanction money for them. Instead, MHA would be the sole arbiter for technical and administrative approvals.  
  
Gandhi justified the decision by citing a prospective parent’s complaint. “The woman was told she can’t have a child as it was a sibling. Now we have changed that to say that if it is a child above five, we’ll do what the child wants.
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Delhi’s cabinet minister Manish Sisodia accused the Centre of systematically conspiring to take full control of Delhi Police in the past 2-3 years. “Despite being included in the state list, Delhi Police has been taken over by MHA. For this, an amendment in the Constitution of India is required but it has been effected by executive orders by joint secretary-level officers. The illegality was possible because there were Congres governments at the Centre and in Delhi. We demand a new Delhi Police Act to place police under the state government’s full control,
  
Currently, siblings are adopted together. The JJ Act 2015 too prescribes that all efforts must be made to keep them together
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=Language used in FIRs=
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==HC questions continued use of Urdu, Persian words==
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F08%2F08&entity=Ar01014&sk=1A4E0095&mode=text  August 8, 2019: ''The Times of India'']
  
[[Category:India|A ADOPTIONS: INDIA
 
ADOPTIONS: INDIA]]
 
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ADOPTIONS: INDIA]]
 
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ADOPTIONS: INDIA]]
 
  
= Adoption agencies=
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HC asks why cops still use Urdu, Persian words
==2016-19:  776 children died in adoption agencies ==
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F07%2F13&entity=Ar02004&sk=A8A49F16&mode=text  July 13, 2019: ''The Times of India'']
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As many as 776 children, including 124 in Uttar Pradesh and 107 in Bihar have died at specialised adoption agencies between 2016-17 to July 8, 2019, the women and child development (WCD) ministry informed Lok Sabha on Friday in response to a question. WCD minister Smriti Irani gave the data according to which the highest number of deaths of children have been reported from Uttar Pradesh. These deaths occurred across 19 specialised adoption agencies in the state.
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New Delhi:
  
Specialised adoption agencies (SAA) cater to children in the age group of 0-6 years. The minister said so far, a total number of 10 complaints have been received by the government against SAAs from across states, which were found to be not complying with the adoption regulations.
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Why is Delhi Police still using Persian and Urdu words while registering FIR, Delhi high court sought to know on Wednesday. It asked Delhi Police commissioner to explain why “high sounding and bombastic” words in these languages are still in use when it becomes difficult for a common person to understand.
  
Before this in February, the government informed Parliament in response to a question in the Lok Sabha that a total number of 1,265 children have been reported to have died in the SAAs across states between April 2014 to January 31, 2019. The highest number of deaths over these five years years were reported from Maharashtra (172) followed by 170 in Uttar Pradesh and 134 in Bihar.
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A bench of Chief Justice D N Patel and Justice C Hari Shankar pointed out that FIR should ideally be in the words of the complainant who has come with a grievance and too much flowery language, the meaning of which has to be discerned from a dictionary, ought not to be used.
  
=Adoptions by foreigners=
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“Too much flowery language should not be used. FIR should be in the words of the complainant. Police is there for public at large and not just for persons with doctorate degree in Urdu or Persian. Simple language should be used, instead of high sounding words. People have to know what is written. It is applicable to use of English also. Don’t use bombastic language,” the bench remarked, while seeking the stand of the police chief on the matter.
==2015: adoption rooms for foreigners eased==
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[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&articlexml=Centre-eases-adoption-rules-for-foreigners-27032015015028 ''The Times of India'']
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Mar 27 2015
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It directed the police commissioner to file an affidavit explaining why Urdu or Persian words are still in use when complainants approaching the cops mostly use simple language to narrate their ordeal. The court listed the matter for November 25.
  
''' Centre eases adoption rules for foreigners '''
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Delhi high court was hearing a PIL, by advocate Vishalakshi Goel, seeking directions to Delhi Police not to use Urdu and Persian words in FIRs, arguing that it becomes difficult for a normal citizen to understand or follow what the police have done with their complaint in case of a crime having occurred.
  
Indrani Bagchi
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Delhi government additional standing counsel Naushad Ahmed Khan, appearing for the police, said that Urdu and Persian words used in FIRs can be understood by making a little effort. He also said that the words are used when transferring the FIR to higher authorities.
  
Foreign nationals adopting Indian children can look forward to a less traumatic experience of taking home a child with the foreign ministry streamlining the passport issuance guidelines.
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In a separate PIL raising similar concerns, Delhi Police had, a few years ago, defended the usage of words such as zaabta (law), majroob (injured), imroz (today), etc, arguing that due to long and continuous usage in police documents, the public has become familiar with these.
The ministry will no longer insist on a separate birth certificate to issue a passport to an adopted child. The court order which is necessary for adoption will suffice as proof of birth date.
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The order gains significance since prospective parents, instead of running from pillar to post to obtain a birth certificate, can now get an Indian passport for their adopted children based only on the court order.
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Delhi Police had also argued that if it switched to Hindi, it would create fresh difficulties for the force and the layman.
  
Despite being a member of the Hague Convention from 1993, there were some rules that made things interminably long and difficult for people wanting to take home children from India.
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===2019===
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F27&entity=Ar00510&sk=4292934A&mode=text  Aamir Khan2, Nov 27, 2019: ''The Times of India'']
  
Muktesh Pardeshi, chief passport officer, told TOI, “While our systems have become much better, we found that it was not serving or phans and abandoned children effectively.“ For interested parents, the route to adoption was tricky , because the process demanded a court order, a “no-objection certificate“ from Central Adoption Resource Authority , the nodal agency in the Indian government, and a birth certificate.
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[[File: Urdu, Persian words in FIRs.jpg|Urdu, Persian words in FIRs <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F27&entity=Ar00510&sk=4292934A&mode=text  Aamir Khan2, Nov 27, 2019: ''The Times of India'']|frame|500px]]
  
==Adoptions by foreign citizens with Indian husbands==
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FIRs should be in the simplest language possible, Delhi high court has said while directing Delhi Police to present 100 FIRs from different police stations in the national capital to see if cops were refraining from using “complicated” Urdu and Persian words.
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=American-with-Indian-hubby-can-adopt-kid-17072015013052 ''The Times of India''], Jul 17 2015
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Rosy Sequeira
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A bench of Chief Justice D N Patel and Justice C Hari Shankar have passed the direction pursuant to a circular issued by the DCP (legal cell), Delhi Police, asking all police officers to refrain from using “archaic Urdu/Persian” words. “Urdu/Persian words are being used mechanically by cops without knowing the meaning and proper application of mind,” the bench noted.
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The court stressed that there was no need for police to show their knowledge of Urdu and Persian words.
  
''' `American with Indian hubby can adopt kid' '''
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Delhi Police’s list contained 383 terms in Urdu or Persian with their translation in Hindi and English. Referring to the list, the court emphasised that public, at large, may not be able to understand all these Urdu or Persian words. As a result, it asked for the list to be given along with the FIR to a person seeking the FIR copy. The list, it added, may not be “exhaustive” as there can be other similar Urdu and Persian words being used in FIRs which are not mentioned in it. “The practice of using these words in the FIR ought to be stopped by police,” the bench directed.
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Referring to the Code of Criminal Procedure, 1973, the bench said FIR was the “most vital document” prepared by police for it set the process of criminal justice in motion.
  
An American woman's prayers to adopt a 6-year-old boy with special needs in India were answered when the Bombay high court directed a district court to quickly process the application of the adoption agency .
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“In fact the copy of the FIR is required to be sent to the magistrate immediately as it is an immediate version of the narration of the whole offence. In court, the FIR is required to be read time and again, hence, it should be in a simple language or it should be in the language of a person who has approached police to lodge an FIR,” the judges noted.
  
The woman, along with her Indian husband, had moved court after the Central Adoption Resource Authority , the nodal body for adoption of Indian children, refused to grant an NOC, saying it was an inter-country adoption matter and she was required to comply with a rule pertaining to adoption by foreigners living in India. The HC allowed the couple to retain foster care of the born, born to an unwed mother and kept at a Pune orphanage-cum-adop tion agency, Arun Aashray .
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A PIL had challenged the usage of Urdu or Persian words in FIRs on the ground of inconvenience for general public. Pursuant to a court order on August 7, 2019, Delhi Police issued a circular to its officers to “evade using archaic Urdu/Persian words” and come out with the list. High court now wants to know if the circular is being followed by subordinate officers in “letter and spirit”. It said, “Minimum 100 copies of FIRs should be presented before the court on the next date of hearing.
  
The American, a trained nurse living in India since 2008, had volunteered with the agency and got acquainted with the boy . The court was earlier informed that he faced rejection thrice and suffered from behavioural and health problems.
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CARA's advocate D A Nalawade told a bench of Justice V M Kanade and Justice B P Colabawalla that it will treat the matter as an “exceptional case“ and insisted it was an inter-country adoption issue.Nalavade argued the American will have to comply with a CARA rule for foreigners and apply to the US embassy for an NOC. He said that also applicable would be the order of priority (NRIs, followed by overseas citizens of India, persons of Indian origin and foreign nationals).
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=Law and order=
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==New Delhi Law and order Reserve Force/ 2018==
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F20&entity=Ar01315&sk=5BA092BD&mode=text  Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: ''The Times of India'']
  
== SC: NOC is mandatory==
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[[File: The New Delhi Law and order Reserve Force.jpg|The New Delhi Law and order Reserve Force <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F20&entity=Ar01315&sk=5BA092BD&mode=text  Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: ''The Times of India'']|frame|500px]]
[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F07%2F01&entity=Ar00417&sk=213DEB94&mode=text  Abhinav Garg, July 1, 2019: ''The Times of India'']
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Foreigners looking to adopt a child from India must first get an No Objection Certificate from their country, Supreme Court has said in an important ruling governing inter-country adoptions.
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''Force Pressed Into Action For First Time During AAP Stir''
  
A bench of justices Indira Bannerjee and Ajay Rastogi noted that as per Indian law and international covenants, “a foreigner or a person of Indian origin or an overseas citizen of India who habitually resides in India can apply for adoption of a child to Central Adoption Resource Authority along with a NOC from the diplomatic mission of his country.
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Taking a cue from police forces of western countries, Delhi Police has created a special team for crowd control. The New Delhi Law and Order Reserve Force was tested for the first time after its recent formation during the protest by Aam Aadmi Party.
  
The apex court, in a recent ruling, agreed with the original decision of Delhi high court not to waive off requirement of an NOC in the case of an Australian woman seeking to adopt two children.
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Young policemen from different stations in the capital have been posted to the new unit to act when law and order deteriorates during demonstrations, said Madhur Verma, DCP (New Delhi). The creation of such a special unit was necessitated by the almost daily protests in Lutyens' Delhi, which houses important government buildings and important institutions.
  
Despite a positive home study report declaring Karina Jane Creed eligible to adopt the children, HC had rejected her plea to allow the adoption, saying she should ensure an NOC from Australia, after CARA took a stand that an all-clear from the country of destination is mandatory.
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“Organisations frequently hold protests without acquiring permissions from us,” observed a police officer. “In many cases, the crowd goes out of control and enter government offices and public institutions such as Vigyan Bhawan and Shastri Bhawan.” He said that the crowd control unit will work to deter people from resorting to hooliganism.
  
The agency, through standing counsel Gaurang Kanth, cited the Juvenile Justice (Care and Protection of Children) Act, 2016 to underline that without an NOC, no adoption can be permitted.
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Till now the practice was to call in reserves from all police stations to implement mob control measures. After deciding to create a permanent team for the purpose, such personnel were given special courses and training in anti-rioting and crowd management operations. So far, around 100 policemen aged 25-35 have been inducted into the new unit, which is based in the New Delhi district lines.
  
Creed, who has been living in India for the past four years, had moved HC against the decision of CARA to deny her a chance to adopt the two children whom she had started visiting and they identified her as their mother. She argued that once her application for adoption had been registered and cleared, CARA should have allowed the process to finish.
+
Each member, deployed on a six-month deputation, will be equipped with lightweight body armour, technical gear and canes. “These items were specially procured for the Law and Order Force. They have been kept light in consideration of the long duration the cops might have be at their posts,” said an officer, exuding optimism that the mere presence of a team of young cops with body armour and canes will act as a deterrence against hooliganism.
  
But Kanth opposed her claim before SC, arguing that she has preferred a short-cut by moving the court instead of acquiring an NOC from Australian authorities, pointing out since India and Australia are signatories of the Hague Convention, which aims to ensure best interests of the child and guard it against trafficking, an NOC from the receiving foreign country is mandatory.
+
For easy mobility, the cops have been given motorcycles and buses with GPS system so their location can be monitored in real time by the control room team. The tests have revealed that the unit can reach any spot in Lutyens’ Delhi perimeter in five to eight minutes.
  
The SC saw merit in CARA’s stand and asked Creed’s counsel how, after the expiry of her visa, she proposed to ensure travel for the adopted children to Australia. She could only reply that the Australian authorities have issued a letter, but could not clarify if it would be sufficient to avail the visa.
+
The standard operating procedure requires any police station experiencing deterioration in law and order to make a request for the special unit, which will be directed then to help the local police. Senior officers said they were contemplating an increase in the reserve force’s troop strength. A proposal to create similar units for other areas of the capital is also being considered.
  
According to the Article 5 of the Hague Convention, the receiving country has to determine if the prospective parents are eligible and suited to adopt, ensure the prospective parents have been counseled and the child will be authorised to enter and reside permanently in the country.
+
==Law and order zones==
 +
===Delhi===
 +
====2016: Delhi has 2 law and order zones under 3 officers====
  
The Supreme Court agreed with the original decision of Delhi high court not to waive off requirement of an NOC in the case of an Australian woman seeking to adopt two children here
+
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LAW-ORDER-Capital-change-3-bosses-for-two-04022016004014 ''The Times of India''], Feb 04 2016
 +
[[File: The zones that Delhi was divided into for policing purposes in 2016.jpg| The zones that Delhi was divided into for policing purposes in 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LAW-ORDER-Capital-change-3-bosses-for-two-04022016004014 ''The Times of India''], Feb 04 2016|frame|500px]]
  
[[Category:India|A ADOPTIONS: INDIA
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Rajshekhar Jha
ADOPTIONS: INDIA]]
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[[Category:Law,Constitution,Judiciary|A ADOPTIONS: INDIA
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ADOPTIONS: INDIA]]
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[[Category:Society|A ADOPTIONS: INDIA
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ADOPTIONS: INDIA]]
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=Country-wise=
+
Call it a way to improve enforcement in Delhi or a clever manoeuvre by outgoing Delhi police commissioner B S Bassi, but Delhi has now been divided into two law and order zones under the stewardship of three officers. Two officers of special commissioner rank will have charge of each area and both will report to a third special commissioner, who will, therefore, be the overall law and order chief of the capital.
==Australia resumes adoptions from India/ 2018==
+
Bassi, who has less than a month till superannuation, gave details of the new arrangement on Wednesday after a two-hour meeting with the officers selected for the new roles. Sources said that S N Shrivastava and Amulya Patnaik, both of them special commissioners (ADG scale), were informed about their new responsibilities. They will report to Deepak Mishra, special commissioner (DG scale), a 1984-batch officer.
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F15&entity=Ar02204&sk=4C565246&mode=text  August 15, 2018: ''The Times of India'']
+
  
 +
Shrivastava will be re sponsible for the north zone, which will include central range (central and north districts), northern range (north-west and outer districts) and eastern range (east and north-east districts). Patnaik will oversee law and order in the south zone, comprising south-eastern range (south and southeast districts), south-western range (west and south-west districts) and New Delhi range (New Delhi district and railways). The law and order unit till date had Mishra at the top, assisted by the joint commissioner of the various ranges.
  
'''Australia resumes adoptions from India after 8 years of suspension:'''
+
Both Shrivastava and Patnaik have a reputation for being no-nonsense officers. The former headed the anti-terror unit of the Delhi Police (special cell) for close to three years until his transfer to another unit recently . The latter led the vigilance unit and had infused new life into the virtually dead wing of Delhi Police.
  
Australia has resumed adoption of children from India after it was suspended eight years ago over charges of trafficking by some recognised Indian placement agencies, a senior WCD official said on Tuesday. The suspension was enforced in 2010 and the women and child development ministry along with Central Adoption Resource Authority (CARA) were constantly engaging with the Australian government for resuming the programme, he said. “The ministry was in constant touch with the Australian government to relent and allow adoptions from India and they have finally agreed,” the official said.
+
However, a top officer said this was a “temporary arrangement“ and likely to change once the incoming police chief settles down. While admitting the step could ensure better handling of the law and order in the capital, many senior officers also said the decision appeared more to be Bassi's efforts to contain inter-force politics. “That this is a please-all decision is evident from the timing, else why wasn't this done much earlier?“ an officer commented.
  
=Creating awareness=
+
Bassi had earlier triggered resentment among the top echelons when he created the post of “senior“ special commissioners to accommodate Dharmendra Kumar, Vimla Mehra and Mishra. Before the lieutenant-governor struck down the “promotions“, Kumar had been given charge of important units like special cell and crime branch, apart from traffic. Mishra was put in charge of law and order, vigilance, armed police and recruitment. The other special commissioners had been asked to report to the trio.
==September 2017/ "Jan Sampark" Program==
+
[http://pib.nic.in/newsite/PrintRelease.aspx?relid=171184 Press Information Bureau, September 27, 2017]
+
  
'' CARA launches monthly “Jan Sampark” Program to facilitate adoption ''
+
====July 2017: Women from north-east recruited for security in Delhi====
 +
[http://timesofindia.indiatimes.com/city/delhi/41-ne-women-commandos-to-man-frontline-defences-in-city/articleshow/59870596.cms  Raj Shekhar, 41 NE women commandos to man frontline defences in Delhi , Aug 2, 2017: The Times of India]
  
The Central Adoption Resource Authority (CARA) of the Ministry of Women & Child Development has started a monthly “Jan Sampark” program to enable the public to have interaction with its officials and staff for seeking information related to Adoption as well as flagging their concerns.
+
''' HIGHLIGHTS '''
+
The first of its kind programme was held in New Delhi yesterday. Nearly 150 Prospective Adoptive Parents (PAPs), Adoptive Parents and representatives of agencies participated in the session, which lasted for more than four hours.
+
The women commandos from Northeast would helm the security detail at Red Fort and India Gate
+
Details pertaining to Immediate Placement and Special Needs Adoption Module of Child Adoption Resource Information & Guidance System (CARINGS) as well as the newly launched Grievance/Query portal were shared with all the stakeholders. Also many of the PAPs were counselled and motivated to go for adopting older children.
+
Inducted into the force as constables, they have already undergone a rigorous 10-month police training
 +
  
=Different perspectives=
 
==Missionaries of Charity’s stand==
 
[http://timesofindia.indiatimes.com/india/Govt-cant-force-nuns-to-continue-adoption-work-Legal-experts/articleshow/49345522.cms ''The Times of India''], Oct 14 2015
 
[[File: Adoptions.jpg|Picture courtesy: [http://timesofindia.indiatimes.com/india/Govt-cant-force-nuns-to-continue-adoption-work-Legal-experts/articleshow/49345522.cms ''The Times of India''], Oct 14 2015|frame|500px]]
 
[[File: Some rules, Adoptions in India.jpg|Who can adopt a child in India, and who cannot? The broad guidelines; Graphic courtesy: [http://timesofindia.indiatimes.com/india/Govt-cant-force-nuns-to-continue-adoption-work-Legal-experts/articleshow/49345522.cms ''The Times of India''], Oct 14 2015|frame|500px]]
 
  
''' Govt can't force nuns to continue adoption work: Legal experts '''
+
Undergoing training by the best in the business, these 41 women commandos from Northeast may be second to none when it comes to handling a terror strike or a hostage situation. This Independence Day, these elite women cops would helm the security detail at Red Fort and India Gate, amid intelligence inputs of women Fidayeen planning to target the capital.
  
''A recent decision by the Missionaries of Charity (MoC) to discontinue adoption work''
+
Right now, these women are in the middle of a four-month advance commando training at Jharoda Kalan. Inducted into the force as constables, they have already undergone a rigorous 10-month police training, which they completed with exceptionally good grades. The new commando force is the brainchild of police commissioner Amulya Patnaik.
  
Lawyers, pointed out that no one had a right to force MoC -the Roman Catholic order founded by Mother Teresa 65 years ago -to continue adoptions.  
+
According to special commissioner Dependra Pathak, these commandos will be posted with different units, including Parakram and SWAT. "Many of them will be posted in the anti-terror Parakram vans. As of now, there are 10 such vans and each of them has a women commando. Fifteen more vans will be inducted soon and these commandos will be deployed there too," he added.  
Though the Missionaries of Charity has not clearly specified its opposition to the single-parent rule, the release it issued did link the decision to the new adoption guidelines, under the Juvenile Justice (Care and Protection of Children) Act, 2000 which came into effect from August 2015. The new rules require registration of every prospective parent online. The Central Adoption Resource Authority (Cara) then assigns them a registered adoption agency when their turn comes.
+
  
This means that the issue of “religion'' will now come to the fore, said Bharati Dasgupta of Catalysts for Social Action which works towards rehabilitation of abandoned, destitute children in Maharashtra. “Even earlier guidelines permitted adoption by single parents, but some agencies were perhaps not following that norm. Now that there is no escape route--due to centralized database of registration by adoptive parents--the MoC may have decided to opt out.
+
An ACP-rank officer, O P Sharma, is heading the training programme. To cross the language barrier, an instructor from the Northeast has been roped in. "These policemen are extremely professional and dedicated towards their training. They can spring from deep sleep to action — fully armed — within a minute of an alarm being sounded. There is an amazing mix of cultures on display at the academy at present," said Sharma.
But having said that, Dasgupta added that it was MoC's choice and no one could compel them to continue working as an adoption agency. “An agency cannot give precedence to religion over national laws or guidelines. But every agency needs to apply for renewal of its license regularly and the government authority can extend it or cancel it; similarly, the agency can choose to seek renewal or not.''
+
  
=Gender-wise=
+
The training includes advanced hand-to-hand combat moves from Krav Maga, a form of martial art developed by the Israeli army. Most of these women had joined Delhi Police in 2016. Pressed into action, they can carry out reconnaissance, design maps and begin an assault within 10 minutes of reaching a spot. Each "hit-team" consists of a team leader, two recce officers, a communication specialist, two sharpshooters and a medic.
==2014-18: girls preferred==
+
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F07&entity=Ar00802&sk=64534718&mode=text  Indians prefer to adopt girls; Maha at forefront, May 7, 2018: ''The Times of India'']
+
  
 +
Each commando is armed with an AK-47 assault rifle, or an MP5 submachine gun, with at least four 30-round magazines, a Glock 17 or Glock 26 pistol, hand grenades, a wireless set, a 20-metre nylon rope, a pencil torch, a bulletproof helmet (patka for Sikhs), bulletproof jacket, flame torch, cutter and a commando dagger. Special knee and elbow pads are also worn for protection during stealth attacks. The commandos also learn warfare techniques, such as identifying improvised explosive devices.
  
Nearly 60% of children adopted in the last six years were girls across states in India, led by Maharashtra which also recorded the highest number of adoptions in recent years, government data showed. Of the 3,276 children adopted in the country in 2017-18, a total of 1,858 were girls, the data showed.
+
These commandos are best equipped to handle crises in the capital as their training and combat skills are Delhi-centric — from climbing multi-storey buildings within seconds to rescuing hostages from a room located in the core of a hotel, or a DTC bus or the Metro.
  
In reply to an RTI filed by this correspondent on the number of adoptions in every state since 2012, Child Adoption Resource Authority (CARA) said Maharashtra was at the forefront in adopting girls.
+
=Lawyers vs. the Police=
 +
==1988-2019==
 +
[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F03&entity=Ar00606&sk=82AF1D2E&mode=text  Abhinav Garg, Nov 3, 2019: ''The Times of India'']
  
The number of girls adopted in 2017 was 353 out of a total of 642 adoptions in the state.
+
[[File: Lawyers vs. the Delhi Police, 2014-17.jpg| Lawyers vs. the Delhi Police, 2014-17 <br/> From: [https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F03&entity=Ar00606&sk=82AF1D2E&mode=text  Abhinav Garg, Nov 3, 2019: ''The Times of India'']|frame|500px]]
  
Karnataka followed with 286 adoptions, 167 of them girls, CARA, the apex body for adoption in the country, said.
 
  
Maharashtra’s high score was not just because of the size of the state, but because of the large number of adoption agencies there, said CARA CEO Lieutenant Colonel Deepak Kumar. “Maharashtra has the highest number of adoption agencies in the country at 60 while other states that are bigger have on an average 20 adoption agencies,” he said.
+
Images and videos of policemen chasing lawyers and vehicles burning in a court complex recalled a similar incident over three decades ago. The face-off at Tis Hazari is also a reminder that not much has changed in the relations between the men in uniform and those donning black robes since the time they first clashed in 1988.
  
In 2017-18, there was an increase in the number of incountry adoptions. Of the 3,276 children adopted within India, 1,858 were girls and 1,418 boys, according to the data given in response to the RTI query.
+
That day, Kiran Bedi, India’s first woman IPS officer and at the time a young deputy commissioner of police, had a showdown with the capital’s lawyers who had brought the courts to a halt for a prolonged period. Much like in Saturday’s case, the confrontation in 1988 had begun with a trivial argument over parking, the trigger being the arrest of the lawyer for alleged theft and of him being handcuffed.
  
The inter-country adoption also saw an increase, with the number rising from 578 in 2016-17 to 651 in 2017-18.
+
What could have easily been defused through the intervention of the police brass and the bar association turned instead into a full blown fight, in which police cane-charged the lawyers, leaving many of them injured. This infamous episode led to one of the longest strikes in the history of the Delhi Bar Association.
  
In 2016-2017, out of the 3,210 children adopted within
+
Till date, both sides have justified their actions of that day, though the Justice D P Wadhwa Committee indicted Delhi Police and Bedi in particular even as the latter maintained the lawyers had run amok, thus inviting a strong response.
  
India, 1,915 or almost 60% were girls. Maharashtra (711) and Karnataka (252) again recorded the highest numbers, followed by West Bengal (203).
+
Hours after the clash, Delhi high court Chief Justice D N Patel convened a meeting of the Administrative Committee comprising seven top judges. Sources told TOI that Delhi’s additional chief secretary and the joint commissioner of Delhi Police of the area concerned were also summoned to the court. Justice Patel is learnt to have conveyed his concern over the security of lawyers and litigants in the court complex, Police apparently informed him that FIRs had been filed and investigation was under way.
  
Data for the past five years showed that on an average, 59.77% of couples adopted a girl and 40.23% a boy. “This reflects that things are changing now. Moreover, people feel that it is easier to manage a girl child than a boy, and that’s another big plus point for the girl child to be considered for adoption,” Kumar said.
+
The clashes indicate a deeper flaw and absence of a mechanism that would allow both sides to calm their members. In 2016, several lawyers ran riot in Patiala House Courts assaulting JNU student leader Kanhaiya Kumar and journalists in sight of police. The same year a group of lawyers clashed with policemen in the Rohini court after an advocate was detained for refusing to be frisked while entering the court complex. In 2017, an SHO was allegedly assaulted by a lawyer in the Karkardooma court in relation to the latter’s earlier arrest.
  
Kumar refuted reports that more girls were adopted because many more of them were given away for adoption.
+
While senior police officers say the men on the spot are best positioned to take a call in such cases, lawyers maintain that the police brass has failed to rein in rogue elements. Perhaps it needs a decisive intervention of the bar and the bench to prevent recurrence of violence.
  
"It is not that availability of the girl child is higher but that parents are opting more for a girl child. We give them three choices — one can either opt for a girl or a boy or can give no preference...The percentage of those opting specifically for girls to boys would be 55:45," he said.
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Similar trends were observed for the years since 2012, the period the RTI query focused on. Of the 5,002 adoptions in 2012-13, 3,050 were girls, and of 4,354 in 2013-14, 2,601 were girls.
+
=Naib courts=
 +
==HC: Reshuffle naib courts every 3 years==
  
In 2014-15, 2,555 of the 4,362 children adopted were girls while in 2015-16, 2,295 of the 3,677 adopted were girls. Even states with low sex ratios such as Haryana and UP, couples were opting for adopting girls. In Haryana, 31 girls and 19 boys were adopted while in UP, 86 girls and 40 boys were adopted in 2016-17, according to the data.
+
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=HC-tells-police-to-reshuffle-naib-courts-every-10072017006024 Abhinav Garg|HC tells police to reshuffle naib courts every 3 yrs|Jul 10 2017 : The Times of India (Delhi)]
  
The data come amid a report by NITI Aayog which said the sex ratio at birth in India had seen a decline in 17 out of the 21 large states.
+
HC tells police to reshuffle naib courts every 3 yrs
  
==2015: Girl child preferred==
+
New Delhi
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=When-it-comes-to-adoptions-Indians-prefer-the-04122015008038 ''The Times of India''], December 4, 2015
+

 +
The Delhi high court has asked Delhi Police to reshuffle naib courts every three years.
 +
A naib court is a policeman who acts as the link between the local police station, jail authorities and the court concerned having the jurisdiction of a particular area. They function in close coordination with the prosecution and under supervision of the local DCP . They are mostly of the rank of constable or head constable.
  
[[File: Children adopted in India, 2012-15, total number and gender-wise break up.jpg| Children adopted in India, 2012-15, total number and gender-wise break up ; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=When-it-comes-to-adoptions-Indians-prefer-the-04122015008038 ''The Times of India''], December 4, 2015|frame|500px]]
+
From maintaining a register of summons issued or directions given to police officials connected to a case to ensuring compliance of the orders by the police, a naib court is an important cog in the wheel of justice delivery and is attached to the Prosecution Branch in each court complex where criminal cases are heard.
  
Himanshi Dhawan
+
A recent missive sent to police commissioner Amulya Patnaik by the HC administration under instructions from acting Chief Justice Gita Mittal, said that “continuous and long postings“ of naib courts in the same court give an impression of a “nexus.“

+
'''When it comes to adoptions, Indians prefer the girl child'''
+
  
 +
The letter, sent by RG Dinesh Sharma informs the CP that “High Court of Delhi is in receipt of lot of complaints that there is unhealthy practice of continuous postings of particular naib courts in the same courts or with the same judicial officers for long durations.“ The RG's letter further adds that in order to “inspire confidence of litigants and lawyers, Honorable Acting Chief Justice has been pleased to direct that a naib court may not be posted in the same court same court complex and with the same judicial officer for more than one tenure.“
  
The famed Indian preference for boys is turned on its head when it comes o adoption. It appears that when Indian parents, deprived of a child by nature, go seeking an offspring -it's usually for a girl. Data for the ast three years reveals that a significantly higher number of girls are adopted than boys.
+
It clarified that by one tenure, the court administration means a period not exceeding three years under any circumstances.
According to Central Adoption Resource Author ty (CARA) records, 1,848 boys were adopted in 20122013 as compared to 2,846 girls. Total adoptions in the year were 4,694. Since then, adoptions declined in 2013 but he preference for girls has persisted. In 2013-2014, prospective parents adopted 2,293 girls as compared to 1,631 boys while in 2014-2015, 2,300 girls were adopted as compared to 1,688 boys. While total domestic adoptions have come down from 4,694 to 3,924 in 2013-2014, it has increased marginally to 3,988 this year.
+
  
While lesser availability of boys for adoption is a factor which could be driving this trend, it is also true that couples who have given up hope of having a child of their own do not mull too much over gender since adoption in India continues to be a long-drawn process.
+
Until now, the police brass posted naib courts to prosecution branch of a court complex from where they are attached to individual courts.
  
However, the number of adoptions is still way below the demand. There are about 9,000 prospective parents registered with CARA. Adoption data however paints a dismal picture so far. The highest number of children adopted was 6,593 in 2011-2012. Since then, the numbers have steadily declined till this year. There are an estimated 50,000 children in need for a secure home and care and protection. Women and child development minister Maneka Gandhi has set an ambitious target of 15,000 adoptions for this year.
+
=Personnel issues=
 +
==Benefits to cops==
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===Benefits after 15 years’ service===
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Higher-rank-perks-for-cops-serving-for-15-09112016011019  Higher rank, perks for cops serving for 15 yrs, Nov 09 2016 : The Times of India]
  
Gandhi has in recent times been severely critical of the functioning of adoption agencies. In fact, the ministry introduced fresh guidelines for adoption in August this year. The norms mandate all agencies involved to be registered online with a central database of children.
 
  
According to experts, one of the reasons why girls may be preferred for adoption could be the increasing number of single women keen to complete their family . “In case a single woman adopts, the preference is for a girl child,“ an NGO representative said.
+
Delhi Police has issued a circular according to which constables and head constables who have completed 15 years of service would be entitled to a senior position immediately .
  
==2015-18, girl child preferred==
+
A head constable promoted to an assistant sub-inspector would also be eligible to become an investigating officer of a case, thereby easing the load of existing IOs.Senior officers said these special grade policemen would be tasked to handle petty cases that are now probed by officers ranked higher.
[https://www.thehindu.com/news/national/60-children-adopted-in-india-between-2015-and-2018-are-girls/article26241070.ece  Shiv Sahay Singh, 60% children adopted in India between 2015 and 2018 are girls, February 11, 2019: ''The Hindu'']
+
  
[[File: About 60% of children adopted in India were girls. The figure is 69% when it comes to inter-country adoptions, 2015-December 2018.jpg|About 60% of children adopted in India were girls. The figure is 69% when it comes to inter-country adoptions, 2015-December 2018 <br/> From: [https://www.thehindu.com/news/national/60-children-adopted-in-india-between-2015-and-2018-are-girls/article26241070.ece  Shiv Sahay Singh, 60% children adopted in India between 2015 and 2018 are girls, February 11, 2019: ''The Hindu'']|frame|500px]]
+
The rules provide for promotion but due to the infamous red tape and infrastructure issues, a constable sometimes ends up serving in the same rank for 25 years; some even retire with that rank.Now, departmental promotion may take its own pace but personnel would be able to seek the benefits of designation and uniform. Nearly one-fifth of the force, or 28,000 personnel, would benefit from this.
  
''Data from the Ministry of Women and Child Development shows that of the 11,649 children adopted, 6,962 were girls and 4,687 were boys''
+
According to the circular, any constable given a special grade would be promoted as head constable subject to eligibility. However, higher grades would not create new po sitions in Delhi police. A constable given a rank of head constable would be allowed to wear such rank insignia and receive the grade pay of a head constable.
  
India may have a skewed gender ratio, but the female child happens to be the first choice when it comes to adoption. The number of female children placed for in-country adoptions and inter-country adoptions between 2015 and 2018 are relatively higher than male children.
+
A committee would soon be constituted to look for eligible personnel and improve their grades. Special rank officers would also receive 30-day training before assuming functions of a higher rank.
  
During this period, about 11,649 children were put up for in-country adoptions; of them 6,962 were girls and 4,687 were boys. Of the 3,011 children that were placed for in-country adoption in 2015-16, as many as 1,855 were female children. In the year 2016-17, as many as 3,210 children were placed under in-country adoptions and of them 1,915 were females. The figures for 2017-18 and 2018-19 (till December 2018) were 3,276 and 2,152, of which the numbers of girl children were 1943 and 1249 respectively.
+
A constable would be eligible for a minimum of three promotions till he reaches the rank of a sub-inspector based on the number of years in service. Similar steps have been taken in Punjab, Kerala and Puducherry already . In the past four months, 4,498 policemen have already been granted higher ranks.
  
All the figures put together, female children comprise almost 60% of all in-country adoptions. When it came to inter-country adoptions, the number of female children was even higher: 69%. Of the 2,310 children placed under adoption between the same period, 1,594 were females.
+
''' Vacancies '''
  
The data was tabled by the Ministry of Women and Child Development in the Lok Sabha on February 8, in response to a question by members Tej Pratap Sigh Yadav, L.R. Shivarame Gowda and Anju Bala.
+
The Centre had earlier asked Delhi Police to put forward a recruitment proposal. In 2014, HC directed the Centre to fill up 14,000 posts. It was further brought down by MHA to 4,227 posts.
  
Prajakta Kulkarni, a member of the Central Adoption Resource Authority (CARA), said there was little doubt that more girls were being adopted and it reflected that gender bias and the attitude of people against the girl child are changing across the country. Ms. Kulkarni, who represents the NGO-run Specialised Adoption Agency in the CARA steering committee, said the whole issue of more girls getting adopted needs to be looked into with research.
+
==Crimes against policemen==
 +
[[File: Crimes against policemen, 2013-16.jpg|Crimes against policemen, 2013-16; [http://epaperbeta.timesofindia.com/Gallery.aspx?id=04_01_2017_006_025_009&type=P&artUrl=Asked-to-remove-car-man-beats-up-cop-04012017006025&eid=31808 The Times of India], Jan 4, 2017|frame|500px]]
  
 +
'''See graphic'''
  
'''More girls for adoption?'''
+
''Crimes against policemen, 2013-16''
  
Sindhu Naik, member, Adoption Scrutiny Committee, State Council of Child Welfare (Karnataka), said that one has to also look whether more girls were coming for adoption. Ms. Naik said that the urban middle class people were preferring female children because they are concerned and aware of the situation of the girl child. The situation may not be the same for villages and small towns, she said.
+
==Dismissal from service==
 +
===2018:  61 policemen fired, 2,000+ faced the whip===
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F10&entity=Ar00811&sk=61DD40E7&mode=text  January 10, 2019: ''The Times of India'']
  
=Procedures=
 
== To reduce delays, DMs likely to get final say ==
 
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F04&entity=Ar01114&sk=3057A463&mode=text  Ambika.Pandit, To reduce delays, DMs likely to get final say in adoption cases, January, 2018: ''The Times of India'']
 
  
 +
The annual crime data of the Delhi Police has revealed that 61 police personnel were dismissed from service in 2018. The department also initiated disciplinary action against 2,069 officers last year.
  
In a move to prevent long delays in courts and expedite adoption, the ministry of women and child development (WCD) has prepared a proposal to delegate the power to give final approval for enabling adoption of a child to the district magistrate.
+
Police commissioner Amulya Patnaik said there is zero tolerance on corruption in the force and encouraged people to come forward with their complaints against policemen.
  
As of now civil courts have the power to enable adoption after due process. Data with the WCD ministry shows that an estimated 600 to 700 adoption cases are pending in civil courts, many of them for long.
+
The data on action taken by the vigilance unit of Delhi Police showed 472 inquires being conducted in 2018. Of these, allegations in 107 vigilance cases were proven against 272 police officers. Among those who faced disciplinary action were five ACP-rank officers and 62 inspector-rank officers.
  
The detailed proposal is currently under review of the ministry of law. If there is consensus between the two ministries, the proposal will need Cabinet approval and an amendment to the Juvenile Justice Act 2015.
+
Delhi Police also suspended 433 personnel, ranging from inspectors to constables, in 2018 for disciplinary matters. Inaction, corruption and harassment remained the major issues that prompted actions against the errant cops.
  
When asked about the proposal, WCD secretary Rakesh Srivastava said that delay in approval in civil courts has prompted the ministry to explore the option of shifting the power to the level of the district magistrate. He pointed that it was felt that the civil courts were already burdened with a vast case load and often matters such as adoption keep getting delayed. “While the law stipulates a timeframe, the delay in approvals stretch way beyond the laid out time period. There are cases pending for years,” the WCD secretary said.
+
The department used an array of methods to receive complaints of wrongdoings by the cops. These included the anticorruption helpline — 99106 41064, which received 638 calls in 2018. Of these, 378 complaints were related to inaction by the police staff, while 171 calls were regarding corruption and 89 calls were for other complaints. Of the complaints, the unit initiated action in 73 instances.
  
The change being sought pertains to section 2, sub section 23 of JJ Act. It is proposed to change the definition of “court” from “civil court” to “court of district magistrate”. The view in the WCD ministry is that the change will enable faster disposal of cases and also better scrutiny since the district magistrate is also incharge of the area and has access to all departments in case some verifications or field reports in a case are required urgently.
+
The flying squad of the vigilance branch, led by an ACPrank officer, attended to 1,238 complaint calls at various police stations in the city. Apart from them, the special surveillance teams conducted 87 surprise checks to ascertain the performance of traffic cops, PCR vans and beat officers, who tend to have the most interaction with the public.
  
However, to effect this change may not be all that easy for it will require a significant nationwide shift from the existing system involving the role of civil courts in adoption. Also it is learnt that voluntary organisations, academicians and activists working in the field of child rights are planning to write to the WCD ministry asking it to reconsider the proposal.
+
The police data also revealed that 318 cops, including seven inspector rank officers, were given major punishments after inquiries were conducted by the vigilance unit. In total, 1,690 personnel were given minor punishments after the conclusion of inquiries against them.
  
The ministry of women and child development has prepared a proposal to delegate the power to give the final approval for adoption to the magistrate. As of now, civil courts have the power to enable adoption after the due process
+
The unit, which maintains a list of cops with doubtful integrity, added 833 names to the list in 2018. The vigilance unit removed the names of 550 cops after probing allegations against them, while 725 cops continue to remain on the watch.
  
=Search for biological family=
+
People actively sent their grievances to the official email ID of the top cop — cp.amulyapatnaik@delhipolice.gov.in and delpol@vsnl.com with 34,346 complaints being received and forwarded for necessary action.
== Attorney not a third party in particular cases==
+
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL/2019/10/10&entity=Ar01706&sk=38444171&mode=text  Swati Deshpande, Oct 10, 2019: ''The Times of India'']
+
[[File: Legal rights of adopted children.jpg|Adopted rights of adopted children <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL/2019/10/10&entity=Ar01706&sk=38444171&mode=text  Swati Deshpande, Oct 10, 2019: ''The Times of India'']|frame|500px]]
+
  
In a relief to an adoptee from India who lives in Switzerland, the Bombay high court allowed her to search for her Indian roots via a power of attorney (PoA) holder.
+
Police chief Amulya Patnaik said there is zero tolerance on corruption in the policce force and encouraged people to come forward with their complaints
  
Though the Maharashtra department of women and child development had objected to the search through a third party, the high court recognised the hurdles the distance and her current location placed on her search and observed that her constituted attorney cannot, under such circumstances, be considered a third party.
+
==Minority communities in the ranks, less than 4%/ 2017==
 +
[http://www.thehindu.com/news/cities/Delhi/minority-members-in-delhi-police-under-4/article20941463.ece  Muslims form less than 2% of police force, November 25, 2017: ''The Hindu'']
  
Beena Makhijani Muller was born on March 31,1978, in India. She was adopted the same year and is currently in Albisstr, Switzerland. Her petition said she was adopted by V K Makhijani from Asha Sadan, an adoption agency in Mumbai, and later taken to Switzerland.
 
  
In 2013, she decided to search for her roots — her biological parents — and approached the Central Adoption Resource Authority (CARA), which in turn wrote to the state adoption resource authority (SARA). In May 2015, she hit a roadblock after she appointed Anjali Pawar as PoA for the search.
+
The Delhi Police, which has a strength of around 80,000 personnel, employs less than 4% of members from minority communities in its ranks, according to a report by the Delhi Minorities Commission (DMC).
  
In court, too, appearing for the state, assistant government pleader Pravin Sawant cited Rule 44 of the Adoption Regulations 2017 to argue that a PoA is a third party to whom details of an adoptee’s roots can’t be given. He said details could only be given to the beneficiary.
+
'''CM releases report'''
  
Muller’s petition pointed to a landmark SC order of 1984 that recognised an adoptee’s right to know about her/ his roots on turning adult. The HC asked the state authorities to assist the PoA in the search. It argued that her PoA is a Pune resident who has been working for child protection, women and other social issues since 1998.
+
The annual report, released by Chief Minister Arvind Kejriwal also shows that Muslims, the largest minority group in Delhi, form less than 2% of the police force here.
  
Pawar, the plea said, has worked on inter-country adoption issues since 2006 and helped adoptees, who have been searching for their biological parents. Muller said she couldn’t stay in India longer and hence requested her constituted attorney to work on her root search case as it was an adoptee’s fundamental right to know their original identity.
+
The report said the force has 1,388 Muslim personnel and 697 Christian personnel. It said the Delhi Police employs 856 Sikh personnel.
  
[[Category:India|A ADOPTIONS: INDIA
+
“The Delhi Police has 1.79% personnel from the Muslim community. In total, it has 3,035 personnel from minority communities who form 3.91% of the total strength of the force,” the commission said in its report.
ADOPTIONS: INDIA]]
+
[[Category:Law,Constitution,Judiciary|A ADOPTIONS: INDIA
+
ADOPTIONS: INDIA]]
+
[[Category:Society|A ADOPTIONS: INDIA
+
ADOPTIONS: INDIA]]
+
  
=Trends=
+
In the report, the DMC has identified 12 departments and corporations of which members of the minority communities are a part. Apart from the police, the Delhi Fire Service (DFS) has a total of 26 members from minority communities which is the lowest among 12 departments and corporations.
==2010-14: Trends==
+
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&articlexml=Govt-slams-agencies-for-slide-in-adoptions-21022015019005 ''The Times of India'']
+
[[File: adoption.jpg|2010-14: in-country and tnter-country adoptions|frame|500px]]
+
Feb 21 2015
+
  
''' 50% dip in figure from 2010 to 2014 '''
+
'''DMRC members'''
  
With an estimated 50,000 orphan children in want of safe homes in the country, Union minister Maneka Gandhi on Friday blamed the “idleness and deliberate lying“ of adoption agencies for delays and bottlenecks in the process. Domestic adoptions in India have nearly halved from 5,693 in 2010 to 2,503 in 2014.
+
The Delhi Metro Rail Corporation (DMRC) employees 283 members from minority communities.
Maneka, who holds charge as minister for women and child development, said she wanted 15,000 children adopted in a year instead of the annual rate of 800-1000. “I am actually appalled by all of you. I have found bottlenecks, idleness, unconcern, deliberate lying... in this process you have destroyed thousands of lives,“ she said.
+
  
The minister was addressing the national meet on adoption organized by Cara (Central Adoption Resource Authority). Describing the agencies as “irresponsible and unaccountable'' Gandhi said, “When I joined in 2000, the adoption rate was 1,500-1,200, which tumbled to 400-800 per year. In a country which has got 50,000 orphans who can be adopted, it is shameful that the number is 800 to 1,000,... and it continues to come down.'' The minister also accused some agencies of preferring foreign parents over Indians. “Many of you won't give (the child) to Indians, you wait for a foreigner. I have zero tolerance for anybody who denies adoption. In our new act, Cara will have a lot of power.One of its powers is to remove Sara (State Adoption Resource Authority), to remove adoption agencies, to completely ban them,“ he said.
+
However, the Directorate of Training tops the list at 13.33%, followed by the Public Grievance Commission at 7.69% and the Directorate General of Home Guards at 5.22%.
  
The minister also said that a foster care scheme will be launched for orphan children under which families will be paid by the government to keep them.
+
==Recruitment in Delhi Police==
 +
===2015: Recruitment of constables===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=One-constable-for-every-262-Delhiites-30102015008059 ''The Times of India''], Oct 30 2015
  
In an effort to provide identity and improved monitoring of orphans, the ministry gave away Aadhaar cards to children from adoption homes.
+
'''One constable for every 262 Delhiites'''
  
The ministry is also hoping to notify the new adoption guidelines governing adoption that is expected to speed up the process and introduce transparency . Maneka gave directions that the entire process of adopting a child should not take more than four months and the performance of adoption agencies will now be monitored by the ministry and Cara on a weekly basis.
+
Delhi Police, one of the largest metropolitan police forces in the world with a sanctioned strength of around 72,000, is likely to recruit more than 15,000 additional personnel in a major boost to its manpower.
  
==January-March 2015: A rise in adoption rate==
+
The Union home ministry is working on a proposal to sanction the additional posts which would translate to at least a 20% increase in numbers and would be the biggest expansion of the Del hi Police. Women are likely to get a third of these posts.
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Adoptions-up-first-time-in-3-yrs-50k-07072015001030 ''The Times of India''], Jul 07 2015
+
  
''' Adoptions up first time in 3 yrs; 50k still need homes '''
+
“As part of its initiative to improve policing in the capital, the ministry proposes to recruit 15,000-20,000 consta bles into the Delhi Police over a period of time. The Cabinet note is being drafted and will be put up for approv al soon,“ a home ministry official told. According to data from the Bureau of Police Research and Development, Delhi Police had a sanctioned strength of 72,686 personnel (civil and district armed police) as on January 1, 2014. It far exceeds the national average in terms of population per policeman.
  
A doption of children in the country has gone up for the first time in three years, reports Himanshi Dhawan. An awareness campaign and a bid to cut down red-tape in the process of adoption can be credited for the spike in numbers -from 999 in October-December, 2014 to 1,368 between January and March 2015.
+
As against one constable for every 262 Delhiites, the national average stands at one policeman for 716 persons.
The number is a fraction of 50,000 orphans requiring homes, according to latest data available with the Central Adoption Resource Authority . It has only 1,200 children lined up for adoption against the demand from 10,000 parents. Of them, 9,000 are Indians, the rest NRIs or foreigners.
+
  
In February 2015, WCD minister Maneka Gandhi had pulled up adoption agencies for “idleness and deliberate lying'' and said the figures were “shameful“, adding she wanted 15,000 kids to find homes a year.
+
The Delhi Police also beats all other metropolitan police forces in India in terms of manpower. As compared to 72,686 sanctioned strength of civil police in Delhi, Mumbai has just 48,969 policemen and Kolkata 22,834 policemen. There are 11 police sub-districts in Delhi, with 181 police stations, 23 out posts and 15 state armed police stations.
  
==2011-16, year-wise==
+
“The proposal to expand the Delhi Police may be included in the next year's general budget, which will earmark the required funds. The timeline for recruitment of the 15,000 constables is being decided,“ said a home ministry functionary .
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Domestic-adoptions-drop-by-half-hit-a-5-08062016001069 The Times of India], June 8, 2016
+
Union home minister Rajnath Singh has constantly pitched for strengthening the Delhi Police, laying particular stress on making the capital safer for women.
  
[[File: In-country and intra-country adoptions, India, 2011-16 year-wise.jpg|In-country and intra-country adoptions, India, 2011-16 year-wise; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Domestic-adoptions-drop-by-half-hit-a-5-08062016001069 The Times of India], June 8, 2016|frame|500px]]
+
The sanctioned strength of constabulary in the Delhi Police, as per BPR&D data, was 18,989 head constables and 39,834 constables (including civil and district armed police) as on January 1, 2014. Each Delhi Police constable has an average 0.02 square kilometer of area under him.
  
Himanshi Dhawan
+
==Rogue list==
 +
===2016/ Rogue list===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Rogue-list-gets-longer-02012017002022  ''' `Rogue' list gets longer ''', Jan 2, 2017: The Times of India]
  
Domestic adoptions have dropped by half, hitting a five-year low with only 3,011 children being adopted by Indian parents in 2015-16. The highest adoptions so far have been in 2011 when 5,964 children were adopted. Conversely , adoptions by foreigners are the highest in the past five years.In 2015-16, 666 children were adopted by foreign parents compared with 629 in 2011.
 
Despite a burgeoning population of children in need of care, adoption levels continue to be low. In 2012-2013, 4,694 children were adopted domestically , which dropped to 3,924 the following year. In 2014-2015, domestic adoptions climbed marginally to 3,988 but have seen a downward spiral to 3,011 in 2015-2016.
 
  
Inter-country or adoptions by foreign nationals and NRIs have meanwhile increased. The number of adoptions in 2012-2013 was 308 which increased to 430 in 2013-2014, then dropped again to 374 in 2014-2015 before increasing to 666 in 2015-2016.
+
'''Around a dozen Delhi Police personnel were arrested on criminal charges in 2016'''
  
This data comes nearly a year after new adoption guidelines were introduced by the ministry of women and child development. The new guidelines on adoption that became effective from August 1, 2015 were expected to push domestic adoptions. Minister Maneka Gandhi had in fact given adoption agencies a target of 20,000 in August 2015.
+
Three traffic policemen we re caught recently for abducting a businessman. They drove him around central Delhi till he agreed to give them the money he was carrying to deposit at a bank. A few days later, a policeman was shot by criminals and it was later found that he was conniving with them to run a gambling racket and a dance bar in outer Delhi.
  
However the system suffe red from several hiccups including NGOs like the Missionaries of Charity choosing to opt out of the adoption system and reluctance by many agencies to adapt to the online system. Officials said that organisations had dragged their feet in registering to the new online system CARINGS. “In some cases like Karnataka, the state has been actively working to register all agencies that are involved in adoption to streamline them. But some other states are indifferent to the process and that is reflected in the results,'' an official said.
+
In May 2016, an SHO was arrested after he was found to be instigating the girlfriend of a criminal to commit suicide.The woman later reached the Tees Hazari police station and consumed poison, blaming the SHO for her death.
  
Government sources said that the minister received dozens of complaints every day on the slow pace of adoption.
+
In 2016, the vigilance department had conducted 55% more inquires against its men.A Delhi Police survey found 34% of the cops to be corrupt in 2015, down from 66% in 2014.
  
==2016, state-wise==
+
Last year, the department registered 88 cases under the Prevention of Corruption Act against 77 policemen. Inquiries were conducted against 838 policemen, of which charges were proved against an ACP , 12 inspectors, 18 sub-inspectors, two ASIs, five head constables and 15 constables. Of the 490 cops suspended in 2015, 10 were inspectors, 90 sub-inspectors, 46 ASIs, and the rest were cons tables and home guards. Departmental inquiries were ordered against 1,017 officers and 90 policemen were dismissed from service following complaints.
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Maha-leads-again-in-domestic-adoptions-08082016001046 ''The Times of India''], Aug 08 2016
+
  
Himanshi Dhawan
+
The department got 1.09 lakh complaints on its anti-corruption helpline. A 24x7 flying squad was formed for corruption complaints. A mobile app was also launched for quick registration.
  
''' Maharashtra leads again in domestic adoptions '''  
+
===2018/ Rogue list===
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F01&entity=Ar00605&sk=7F1DB836&mode=text  Over a dozen policemen in dock in last 12 months, August 1, 2018: ''The Times of India'']
  
Maharashtra has been leading in domestic adoptions of children in India for 2013-16 even as the number of domestic adoptions has been steadily declining.
+
[[File: Criminal charges against policemen, Delhi- 2017, 2018.jpg|Criminal charges against policemen, Delhi- 2017, 2018 <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F01&entity=Ar00605&sk=7F1DB836&mode=text  Over a dozen policemen in dock in last 12 months, August 1, 2018: ''The Times of India'']|frame|500px]]
  
In 2016, between April and June, 800 children were adopted by Indian parents and 102 by foreigners, according to data from the Central Adoption Resource Authority, the central agency for adoption in India under the women and child development ministry .
+
''Criminal Charges Range From Corruption, Bribery, Kidnapping To Robbery''
  
Among states, Maharash tra has again topped with 159 kids adopted domestically and 26 internationally this year, followed by Bengal with 72 domestic adoptions and Odisha with 51domestic adoptions. Madhya Pradesh had the fourth largest do mestic adoption of children, with 50 kids being adopted till June this financial year, while Karnataka placed 44 children in domestic adoptions.
+
Delhi Police may be facing a major embarrassment with CBI arresting the SHO of a high-profile police station like Saket, but this not the first time this year that a cop from the force has been in the dock.
  
Last year (2015-2016), Maharashtra, followed by Karnataka, Telangana, Odisha and Tamil Nadu were the top five states in domestic adoptions. In 2013-2014, Maharashtra, West Bengal, Karnataka, Andhra Pradesh and Tamil Nadu were the top five states while in 2014-2015, the top states were Maharashtra, Karnataka, Andhra, West Bengal and Tamil Nadu.
+
In the last one year, more than a dozen policemen of various ranks have been arrested on criminal charges ranging from corruption, bribery, kidnapping to robbery.
  
Arunachal Pradesh has a poor record with no children adopted since 2013-2014 to date, except six domestic adoptions in 2014-2015.
+
Just last week, two policemen were dismissed for being involved in a kidnapping case. In May, a cop in Samaypur Badli was dismissed for aiding drug dealers. An inspector was arrested in June for his involvement in a cheating and human trafficking racket. The same month, a sub-inspector and a constable from Punjabi Bagh police station were arrested and dismissed in a bribery case.
  
The number of domestic adoptions has been declining while inter-country adoptions went up, even though recently amended guidelines seek to put Indian parents at an advantage. Domestic adoptions came down from 3,988 in 2014-2015 to 3,011 in 2015-2016.The number of children adopted from Maharashtra, for instance, came down from 1,068 in 2013-2014 to 947 in 20142015 and 724 in 2015-2016.
+
A few months ago, the police department was left rattled after a senior inspector and an intelligence bureau officer were arrested along with another associate on charges of running a transfer-posting racket. During searches, CBI had seized Rs 1.6 crore in cash. While this was seen as the tip of an iceberg, the arrests in the case remained limited to three.
  
The amended guidelines for adoption of children which came into force in August 2015 include provisions for taking the entire process online, treating non-resident Indians at par with Indian parents, reducing the timeframe for completion of home study report from two months to one and authorising only specialised agencies for adoptions. However, the impact of the new provisions are yet to kick in.
+
The rising number of arrests of policemen indicates that not only does the vigilance branch need a complete revamp, but police commissioner Amulya Patnaik and his deputies need to monitor the activities of DCPs and SHOs more closely. Sources said that the lawyer arrested on Tuesday had uninterrupted access to offices of many senior officers.
  
==2018: India vis-à-vis comparable countries==
+
In Tuesday’s operation, a hunt is on for another inspector from Hauz Khas police station who had also been on CBI’s radar in the past. The role of other policemen, including senior district-level officers, is being probed, sources said.
[[File: 2018- The number of children adopted by the USA from China, India and other comparable countries..jpg| 2018: The number of children adopted by the USA from China, India and other comparable countries. <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F07%2F02&entity=Ar01510&sk=D468A259&mode=image July 2, 2020: ''The Times of India'']|frame|500px]]
+
 
 +
Questions are also being raised on how a tainted cop managed to get a posting in a high-profile south Delhi police station. Sources said police stations like Saket are among the most sought-after in the capital. Most of the times only a handful of “super SHOs” — inspectors heading big police stations — get posted there. Also, a handful of inspectors get to head the same police station twice in a span of a few years.
 +
 
 +
The police brass, however, claimed that the transfer board relies on various parameters to select an officer for the job. Delhi Police said they practice zero tolerance and policemen caught in such acts are dismissed immediately.
 +
 
 +
==Shortage: extent, 2017==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Cases-taking-ages-without-enough-IOs-27052017002016  Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India]
 +
 
 +
[[File: Pendency of investigation cases, 2012-16.jpg|Pendency of investigation cases, 2012-16; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Cases-taking-ages-without-enough-IOs-27052017002016  Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India]|frame|500px]]
 +
 
 +
'''Only 12% Hike In Officer Count Since 2012'''
 +
 
 +
Since 2012, while the cases being registered have gone up by 260%, the number of IOs has increased by only 12%.
 +
 
 +
The police have, however, got a breather as the Union home ministry sanctioned more than 4,000 posts for investigating officers (IO) last year to take some load off the overburdened cops. The de cision was taken after getting approval from the department of expenditure and finance ministry and has been made operational in two phases in 2016-17 and 2017-18.
 +
 
 +
According to standard practice, IOs at police stations or specialised units have to complete investigations within 30 days of a case being registered and prepare the chargesheet. Each IO, usually of the rank of subinspector or inspector, is burdened with over 50 cases at a time. They either have to compromise on the probe quality or delay it for some time to clear out backlogs.
 +
 
 +
Officers agree that the practice not only exhausts a policeman, but leads to extra hours of work, some stret ching for days. “In incidents like murders and robberies, the IO has to work for hours to gather evidence physically leaving out all other probes he is engaged in,“ said a police officer.
 +
 
 +
In the Nirbhaya incident of December 2012, the investigators contacted external agencies to collate evidence of dentures and blood samples within a month to prepare a watertight chargesheet, which led to a landmark judgment. As per the plan, 635 graduate constables have undergone specialised training to investigate petty cases. Around 1,640 constables and head constables have been promoted under the special grade scheme and trained to handle cases.
 +
 
 +
A total of 15,000 policemen have been trained in specialised courses, like scientific investigations, law of extradition and important case studies. DCPs and ACPs have also been trained to monitor the quality of the investigations.
 +
 
 +
However, cops say that investigators require specialised support from external agencies. Cops have proposed setting up of 17 posts of assistant legal advisors and permission to investigators to seek help from chartered accountants, cyber experts and engineers. The police commissioner can be empowered to employ specialists for each case.
 +
 
 +
==Suicides, mental health issues/ 2017==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=MENTAL-HEALTH-DAY-Suicide-by-3-cops-in-10102017006016  Raj Shekhar Jha & Somreet Bhattacharya, Suicide by 3 cops in 15 days puts mental health issues in focus, October 10, 2017: The Times of India]
 +
 
 +
[[File: Number of suicides among Delhi Police Personnel due to depression, 2017.jpg|Number of suicides among Delhi Police Personnel due to depression, 2017 <br/> From: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=10_10_2017_006_013_002&type=P&artUrl=Why-men-in-uniform-are-feeling-low-10102017006013&eid=31808 The Times of India], October 10, 2017|frame|500px]]
 +
 
 +
 
 +
'''Five policemen in Delhi have killed themselves in the past two months -three of them within a fortnight. In all, the count is nine in 2017'''
 +
 
 +
Most of them were on duty when they shot themselves with their service weapons. While many have left suicide notes, some deaths have remained a mystery . However, depression turns out to be the most common reason, hinting probably at an immediate need to address the mental health problems of Delhi Police personnel.
 +
 
 +
From family problems to ill health to tiff with seniors -cops are depressed due to various reasons. Seven-eight personnel committed suicide every year in the past five years and many of them had written about depression in their suicide notes.
 +
 
 +
The police reforms manual, prepared after a PIL was filed by former DGPs Prakash Singh and N K Singh, has also cited arbitrary and frequent transfers at the behest of influential third parties as a cause behind depression and demotivation.
 +
 
 +
Thippeswamy from Karnataka, who jumped before the railway tracks in January , had written, “I am sorry my dear family and friends. I was suffering from depression since very long time. I am unable to cope up with that. So I am taking my own life.“
 +
 
 +
Head constable Chand Pal, who had shot himself on the Supreme Court premises in January , was depressed due to family issues. He had alleged in the suicide note that his family members had grabbed his property . A marital discord and long hours of duty had further worsened his mental health.
 +
 
 +
Head constable Pramod Kumar, who killed himself at Delhi Cantt police station in August, was also in depression due to family problems. He said he couldn't keep his wife and children happy .
 +
 
 +
Har Bhagwan, another head constable who shot himself inside the beat box in Shahbad Dairy , was depressed over quarrels with his wife. He shot himself a few minutes after arguing with her over the phone. However, Delhi Police does not have any provision to deal with mental health of its employees. Cops said they were counselled and their grievances were addressed. The recent large-scale promotions are one of the initiatives taken to relieve and motivate many , they claimed.
 +
 
 +
Senior officials said they had taken steps to ensure that the personnel-on-theground didn't feel left out. “Whether it be the issue of leaves on anniversary or children's birthdays or going home once a week, all SHOs and DCPs have been asked to reach out to their subordinates and ensure that all help is extended to them. This will be discussed on priority in the next meeting,“ said Delhi Police spokesperson Dependra Pathak.
 +
 
 +
Delhi Police also conducts entertainment programmes. “There is also a police families welfare organisation to look after the education and health of the children and take steps to keep the policemen free from these worries,“ said Pathak. “We have directed the DCPs to conduct sampark sabhas every week to hear out grievances of junior colleagues.“ “Despite counselling, a person who has access to a weapon may end up using it easily . We are trying to address this as well,“ an officer said.
 +
 
 +
=Police stations=
 +
==Kirti Nagar: rated best in 2017==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=This-police-station-is-near-perfect-16022017004034 The Times of India], Feb 16 2017
 +

 +
 
 +

 +
Next time you are in or around Kirti Nagar in west Delhi and want to have coffee or need to use WiFi, you may want to head to the area police station. Strange as it may sound, it's true. Call it the outcome of its state-of-the-art infrastructure or friendly policemen, the Kirti Nagar station tops the list for facilities, functioning and environment in Delhi, a department survey has found.
 +
 
 +
After a long and exhaustive evaluation lasting a month, a Delhi Police committee, headed by special-commissionerrank officers, has selected Kirti Nagar police station as the best in the capital, sources say . On Thursday , the police station chief and other senior officers will be felicitated by MoS (home) at the 70th Raising Day celebrations. The results will be announced there.
 +
 
 +
The police station comes under the jurisdiction of P Kamraj, special commissioner (law and order) of south zone, and joint commissioner Dependra Pathak. The area DCP is Vijay Kumar and the station house officer (SHO) who has worked on the ground for bringing about change is Anil Sharma. From its reception to the lock-ups, it has set an example for other police stations in Delhi, which often come under criticism for being unfriendly .Soon after taking charge as police chief, Amulya Patnaik had made it clear that policemen needed to give priority to the people.
 +
 
 +
This police station allows free WiFi for all visitors who just have to register their ID at the front desk. It also has a cafeteria where eatables are available on subsidised rates for policemen as well as the public. Moreover, the station has a website of its own (http:www.pskirtinagar.com), which the area residents and businessmen can use to approach the police for help. People can download various verification forms (like those for tenants or helps) from the website, apart from lodging complaints with the area SHO.
 +
 
 +
The committee gave the station maximum points on patrolling, discipline and cle anliness. Purified water facility, clean washrooms and proper seating arrangements for visitors are other points where the Kirti Nagar station scored highly . Water and coffee dispensers, newspaper and security-related literature have also been placed in the visitors' room. Apart from an indoor games room, the police station has a badminton court for policemen as well.
 +
 
 +
 
 +
==2018: 50 stations on porta-cabins or rented buildings==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F18&entity=Ar01011&sk=17011F0A&mode=text  Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: ''The Times of India'']
 +
 
 +
[[File: Police Stations in Delhi, some facts, January 2018.jpg|Police Stations in Delhi, some facts, January 2018 <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F18&entity=Ar01011&sk=17011F0A&mode=text Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: ''The Times of India'']|frame|500px]]
  
 
'''See graphic''':
 
'''See graphic''':
  
'' 2018: The number of children adopted by the USA from China, India and other comparable countries. ''
+
''Police Stations in Delhi, some facts, January 2018''
 +
 
 +
 
 +
'''Are Operating Out Of Rented Properties Or Porta-Cabins'''
 +
 
 +
In sharp contrast to Kirti Nagar police station, which figured among the top 10 facilities in the country, 50 police stations in the capital are operating out of either rented properties or porta-cabins on private land.
 +
 
 +
According to the Delhi Police data, while 13 police stations have been running from rented premises, the others are operating out of porta-cabins on private land. Most of these are located in Rohini, southwest, northeast and outer Delhi, while central and south Delhi has one each.
 +
 
 +
For all these stations, requests have been sent to the land-owning agencies for centrally located plots. In 2017, cops took possession of three plots from the government and sanctioned construction, while eight buildings were completed.
 +
 
 +
In Karawal Nagar, an adjoining plot has been rented to keep impounded vehicles but even that is getting full. The main stretch connecting the road is so damaged that underground sewer lines overflow during the monsoon, forcing cops to take longer routes even during emergencies.
 +
 
 +
Officers said all these stations were set up over the past decade as the colonies grew in an unplanned manner in these bordering areas. However, no space was allotted for a police station that requires 20,000 sq metres of land on average to work effectively.
 +
 
 +
At Kapashera police station in southwest Delhi, a visitors’ room has been set up in the compound and another in the backyard, using tin sheds. Officers said they recently expanded the compound to store impounded vehicles. The police vehicles are parked on the road.
 +
 
 +
The establishment at Chhawla is operated out of a rented plot that does not have enough space even for cops and seized vehicles are dumped on the road. Despite repeated requests, no action has been taken to allot it a permanent address.
 +
 
 +
“We have also been trying to get land from private agencies, but it is difficult to get such plots at government rates,” said a senior police officer. At some places, porta-cabins have been set up on private land, though these are extremely uncomfortable during summer.
 +
 
 +
Even IP Estate police station, which is at a stone’s throw from the police headquarters, operates out of a porta-cabin under a flyover and doesn’t have any parking facility. At Bindapur, cops are in a slightly better position as they will get a new building in February.
 +
 
 +
Cops at Mundka have another problem — due to lack of connectivity in the area, their landline doesn’t work, and they use a mobile phone to take emergency calls. Officers at the station said the landline had got disconnected long ago.
 +
 
 +
==February 2018/ Punjabi Bagh, best police station==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F17&entity=Ar00600&sk=BD57144B&mode=text  Punjabi Bagh best police stn, February 17, 2018: ''The Times of India'']
 +
 
 +
 
 +
Punjabi Bagh was declared the best police station in Delhi, while Seelampur and K N Katju Marg secured second and third ranks in an audit conducted by Delhi Police. The results were declared in the presence of Union home minister Rajnath Singh during the 71st Raising Day parade organised at Kingsway Camp on Friday. The parameters were fixed in terms of service, people friendliness and infrastructure. While addressing Delhi Police officers during the event, Singh talked about minute details of policing. He asked Delhi Police to focus on smooth traffic flow alongside issuing challans and including people of Delhi in policing initiatives. He announced Rs 5 crore for the police martyr fund. The home minister also lauded Delhi Police for rescuing the five-year-old boy kidnapped from Shahdara.
 +
 
 +
==April 2019/ Kashmere Gate police station declared best==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F04%2F03&entity=Ar01016&sk=D623F996&mode=text  Kashmere Gate police station declared best in city by home min, April 3, 2019: ''The Times of India'']
 +
 
 +
 
 +
The ministry of home affairs has declared Kashmere Gate police station in north district as the best in the city. The unit achieved this feat in the annual ranking assessment of police stations for 2018. Police commissioner Amulya Patnaik awarded the Certificate of Excellence to inspector Devender Kumar, the station house officer of Kashmere Gate.
 +
 
 +
The home ministry selected the best station on various parameters, including maintenance and cleanliness of the building, working out of heinous crimes, data uploaded on the network, workout percentage of cases and complaints of 2018, and disposal of inquiry reports of various complaints received from watchdogs.
 +
 
 +
Parameters like feedback about police conduct, maintenance of records and case property, and facilities available for visitors were also looked at while deciding the best station.
 +
 
 +
The police station has WiFi, which can be accessed by visitors by registering their ID at the front desk. Apart from designated barracks, it has a fitness area for policemen. It also provides newspapers and legal literature in the visitors’ room. It boasts of a well-maintained register of medico-legal cases and statements of witnesses in calls, standing orders and circulars, as well as list of absconders and deserters.
 +
 
 +
During the survey, MHA officials called complainants at all police stations and asked them about the behaviour of policemen.
 +
 
 +
=Women=
 +
==Policing for women-related crimes==
 +
===2012-20===
 +
[https://timesofindia.indiatimes.com/spotlight/why-customer-service-management-is-critical-for-a-successful-business-strategy/articleshow/79719541.cms  Ariba Khaliq, December 15, 2020: ''The Times of India'']
 +
 
 +
[[File: Crimes against women in Delhi, 2012-20.jpg|Crimes against women in Delhi, 2012-20 <br/> From: [https://timesofindia.indiatimes.com/spotlight/why-customer-service-management-is-critical-for-a-successful-business-strategy/articleshow/79719541.cms  Ariba Khaliq, December 15, 2020: ''The Times of India'']|frame|500px]]
 +
 
 +
NEW DELHI: It has been eight years since the horrific gang-rape and murder of a physiotherapy student — who came to be known as Nirbhaya — in south Delhi. 2020 is significant, for the year brought an end to the legal battle between the state and the convicts, who were hanged on March 20.
 +
 
 +
The Nirbhaya case, however, did not just result in the hanging of the rapist-murderers. It also changed the way Delhi Police dealt with crimes against women.
 +
 
 +
 
 +
For one, registration of crime underwent a systemic change, leading to an increase in FIRs filed, from 706 in 2012 to a peak of 2,199 in 2015. This year was safer for women, with just 1,429 cases registered till October 31 against 1,884 last year in the same period.
 +
 
 +
Police commissioner S N Shrivastava is learnt to have emphasised a zero-tolerance policy in crimes against women, and joint commissioner- and deputy commissioner-rank officers oversee the investigation in these cases, pushing for timely arrests and filing of chargesheets.
 +
 
 +
Serving and retired police officers agree that the December 16, 2012 event was a turning point for law enforcement in the city. Delhi Police underwent an overhaul at the grass-roots level and took a slew of measures. “From dedicated anti-stalking cells to self-defence training for women and Himmat Plus app for easy access to police, Delhi Police gave top priority to women’s safety. No jurisdictional dispute is allowed to delay police response to a complaint,” an officer claimed.
 +
 
 +
There is a change in the police attitude towards the complainant as well. “Cops are now conscious of the manner in which they talk to a survivor, record the complaint or elicit information,” the officer said. “And besides attending to emergencies, staff handling the 10 lines of 1091 helpline also provides counselling.”
 +
 
 +
The case also led to the amendment of rape laws as recommended by the Justice JS Verma Commission set up after the Nirbhaya horror. After going through 80,000 submissions from the public, the commission accepted the need to punish rape, molestation and other sexual offences such as voyeurism with imprisonment up to seven years. Stalking or unwanted attempts to contact a person repeatedly was made punishable by a three-year jail sentence.
 +
 
 +
The amended laws made police duty-bound to assist rape survivors, starting with the immediate registration of an FIR on receiving a complaint. Now, women can also file online complaints. A slew of cases has already been registered based on email received by police. Women can also seek legal help from the police crisis cells. The growing awareness about legal remedies has resulted in more women reporting gender crimes.
 +
 
 +
As for stalking, cops said that all distress calls related to the crime are diverted to a special anti-stalking group. “The group follows up on the abusing number and deals with the aggressor in an effective manner. The cases are referred to the local police in real time,” the officer explained.
 +
 
 +
Besides deploying all-women PCR vans, male and female cops in plainclothes are also posted outside school and colleges when classes begin and end. There is special patrolling of the risk-prone routes taken by women returning from entertainment hubs and malls, and the civic agencies are informed about poorly lit roads.
 +
 
 +
==2018: women DCPs in 4 of 13 districts ==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F30&entity=Ar00605&sk=C5719B95&mode=text  Rajshekhar Jha, In a first, 4 of 13 districts to have women DCPs, August 30, 2018: ''The Times of India'']
 +
 
 +
 
 +
After reshuffle in Delhi Police, four out of the 13 districts in the capital will have women DCPs, a first for Delhi.
 +
 
 +
While the new deputy commissioner of police (DCP), Monika Bhardwaj, will be in charge of the west district, Aslam Khan, Meghna Yadav and Nupur Prasad are already heading northwest, Shahdara and north districts.
 +
 
 +
A 2009-batch officer, Khan is known to be a daredevil officer who doesn’t mince words. Coming from Rajsthan, she has never hesitated in taking on the corrupt. During her stint as the superintendent of police in the Andamans, Khan had exposed corruption in Port Blair Municipal Council and arrested at least eight government officials, including a traffic cop, for taking bribe.
 +
 
 +
Recently, Khan deposited half of her monthly salary in the account of the family of a truck driver from Jammu who was killed during a robbery bid in her jurisdiction. She also promised to bear all educational expenses of his children. Her husband, Pankaj Singh, is heading the east district in Delhi.
 +
 
 +
Bhardwaj, a 2009-batch officer from Rohtak in Haryana, has served in units like the police control room (PCR) and as additional DCP in west and southwest districts. The soft-spoken Bhardwaj is known for her honesty and righteousness. Her colleagues say she is closely involved in the operations and has a nose for minute details. Fairly active on Twitter, she regularly posts updates about her area.
 +
 
 +
Prasad, a JNU alumnus who comes from Bihar, is a 2007-batch officer who was the DCP of Shahdara district before taking charge of the north district. An officer who has closely worked with Prasad described her as having unshakeable integrity and composure. “She has unflinching support for subordinates and is a straight talker,” the officer said.
 +
 
 +
Yadav, from Delhi, is also a 2007-batch officer who will head a district for the first time. Known for being an action-oriented officer, she and her team, during her stint in Daman, had exposed an extortion racket involving IPS and other police officials of the department and arrested them. In 2012, she had made headlines after she wrote to the Delhi high court to protest against ill-treatment allegedly meted out to her by a judicial officer. Yadav’s husband, Seju Kuruvilla, is the DCP of outer district in Delhi. Police commissioner Amulya Patnaik has also posted officers like Esha Pandey as DCP in the special police unit for women and children, Varsha Sharma as DCP in the economic offences wing and Geeta Rani Verma as DCP in the traffic unit.
  
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Revision as of 21:49, 24 June 2021

Delhi Police: i) Number of employees; ii) IPC crimes registered, 2012-15; Graphic courtesy: The Times of India, January 22, 2016
Delhi Police vis-à-vis Mumbai Police on social media, as in Jan 2016; Graphic courtesy: The Times of India, January 28, 2016

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Contents

The background

Solution May Lie In Devolving Some Powers To State

Manoj Mitta | TNN

The Times of India

New Delhi: Ever since the Delhi assembly came into existence in 1993, both Congres and BJP have been clamouring for full statehood for the national capital. Arvind Kejriwal’s dharna and his partial success on Tuesday in pushing the Centre to yield to some of his demands against the police have served to highlight a constitutional anomaly about Delhi.

In their political rhetoric, Congres, BJP and AAP all agree on doing away with the anomaly of Delhi Police being outside the administrative control of the capital’s elected government.

This lacuna in the jurisdiction of the national capital’s government is why Delhi is not considered a state despite having an assembly and a CM. The stalemate has remained unresolved despite different models available in other national capitals to balance democratic and security exigencies (see graphic).

Unlike its counterparts in states, the Delhi assembly is barred by Article 239AA(3)(a) of the Constitution from making laws on three of the 66 state list entries. The three subjects that do not apply to the Delhi assembly — and therefore the Delhi government — are Entries 1, 2 and 18 dealing with public order, police and land.

The sensitivity of the situation can be gauged from the fact that even when the NDA government made an abortive bid in 2003 to confer statehood on Delhi, the Bill introduced by L K Advani steered clear of Entries 1 and 2 that deal with the city’s security.

As a corollary, the Delhi Police commissioner reports to the Lt Governor, who in turn discharges functions relating to public order and police with Union home ministry’s concurrence. This means that when there is a law and order breakdown, the Delhi CM can only demand action against errant police officials, as Kejriwal did through his dharna. However grave the provocation, the CM cannot suspend or transfer any policeman.

Tthe peculiarity of Delhi is evident from the special exemption enjoyed by Lutyens Delhi, the seat of India’s government, from the constitutional obligation of having an elected municipality. In this prime area where Kejriwal held his dharna and which constitutes 3% of Delhi, the centre owns most of the land and 80% of buildings. Hence, the conventional pattern of representative local self-government was found unworkable. The New Delhi Municipal Council is essentially nominated by the Union government.

The larger context in which the Delhi government took to the streets was the failure across the country to implement the 2006 SC judgment mandating reforms to insulate police from illegal political interference and to make them accountable to independent watchdog bodies. While most states have disregarded the verdict, the Centre has not so far enacted a fresh law which would have introduced police reforms in Delhi. This is despite a model Bill proposed by the Soli Sorabjee Committee in 2006.


Control of Delhi Police

History: how Delhi city lost control over its police

Centre firmed its grip on cops with orders, not laws

Abhinav Garg TNN

The Times of India

The Times of India

Before 1947, Delhi Police was a part of Punjab Police

In 1948, it got an IGP — D W Mehra

The post of commissioner of police was instituted in 1978. J N Chaturvedi was the first CP

Earlier, the IGP reported to the Delhi chief secretary. Now, the CP reports to the lieutenant governor of National Capital Territory

The reporting structure of Delhi Police is complex. MHA exercises overarching control But the Union home secretary and LG jointly supervise the force

Arvind Kejriwal is not the first chief minister of Delhi to demand the state’s control over its police. The Centre’s first move to take away much of the city’s influence over Delhi Police in 1996 drew noisy protests from the BJP government at the time. The Sheila Dikshit government was also vociferous in demanding control over the 85,000-strong force but meekly submitted to the Centre’s 2011 decision to deprive it of all remaining powers. TOI traces the history of this ‘takeover’ through a trail of documents accessed from the Delhi government.

The papers show that until 2011, the lieutenant governor and the city government’s finance department had a say in police’s budgetary allocation. But in early 2011, the home ministry unilaterally attached police’s budget to its grants. It also blamed the state’s public works department (PWD) for dragging projects and ordered that a PSU like NBCC be awarded police-related construction work. The ministry took these decisions unilaterally through executive orders, without much discussion with the local government and the Centre.

Early in 1996, the MHA had taken away Delhi Police’s budget from the city government and laid down modalities for its separate accounting. It reshuffled existing arrangements by making Delhi administration’s accountants—maintaining Delhi Police accounts—report to it. The state government responded with a note. Principal secretary (finance), P S Baidwan, pushed for keeping Delhi government’s stake in finalizing the police budget saying it is “essential to monitor the expenditure and also it will help in scrutinizing various proposals in their proper perspective”. He pointed out that Delhi Police was not created under powers conferred in the ‘union’ list of subjects, unlike CRPF or BSF, but owed its existence to a schedule in the ‘state’ list, and hence should not be controlled by MHA. The correct constitutional position, he said, would be “for MHA to provide funds to the LG to administer the reserved items within his delegated powers”.

The note prompted then chief secretary P V Jaikrishnan to issue an office order in September 1996 forming a ‘standing finance committee’ with the police commissioner and the finance secretary as members for Delhi Police’s budget, maintaining the Delhi administration’s influence in police affairs. The matter was given a quiet burial with MHA acknowledging Jaikrishnan’s order.

For the next 15 years, the tenuous arrangement held firm, with the LG and Delhi government both having a say in police proposals, expenditure, modernization plans, etc. However, in July 2011 the MHA brought police’s pay and accounts under its chief controller of accounts. Delhi’s finance department again protested and sought a review but MHA succeeded in gaining full control. In a meeting chaired by then joint secretary (UT) K K Pathak, the ministry conveyed to the state government its decision to take control of the police budget.

By April 2012, the MHA ended Delhi government’s remaining influence. The state would no longer approve police modernization projects nor sanction money for them. Instead, MHA would be the sole arbiter for technical and administrative approvals.

Delhi’s cabinet minister Manish Sisodia accused the Centre of systematically conspiring to take full control of Delhi Police in the past 2-3 years. “Despite being included in the state list, Delhi Police has been taken over by MHA. For this, an amendment in the Constitution of India is required but it has been effected by executive orders by joint secretary-level officers. The illegality was possible because there were Congres governments at the Centre and in Delhi. We demand a new Delhi Police Act to place police under the state government’s full control,”

Language used in FIRs

HC questions continued use of Urdu, Persian words

August 8, 2019: The Times of India


HC asks why cops still use Urdu, Persian words

New Delhi:

Why is Delhi Police still using Persian and Urdu words while registering FIR, Delhi high court sought to know on Wednesday. It asked Delhi Police commissioner to explain why “high sounding and bombastic” words in these languages are still in use when it becomes difficult for a common person to understand.

A bench of Chief Justice D N Patel and Justice C Hari Shankar pointed out that FIR should ideally be in the words of the complainant who has come with a grievance and too much flowery language, the meaning of which has to be discerned from a dictionary, ought not to be used.

“Too much flowery language should not be used. FIR should be in the words of the complainant. Police is there for public at large and not just for persons with doctorate degree in Urdu or Persian. Simple language should be used, instead of high sounding words. People have to know what is written. It is applicable to use of English also. Don’t use bombastic language,” the bench remarked, while seeking the stand of the police chief on the matter.

It directed the police commissioner to file an affidavit explaining why Urdu or Persian words are still in use when complainants approaching the cops mostly use simple language to narrate their ordeal. The court listed the matter for November 25.

Delhi high court was hearing a PIL, by advocate Vishalakshi Goel, seeking directions to Delhi Police not to use Urdu and Persian words in FIRs, arguing that it becomes difficult for a normal citizen to understand or follow what the police have done with their complaint in case of a crime having occurred.

Delhi government additional standing counsel Naushad Ahmed Khan, appearing for the police, said that Urdu and Persian words used in FIRs can be understood by making a little effort. He also said that the words are used when transferring the FIR to higher authorities.

In a separate PIL raising similar concerns, Delhi Police had, a few years ago, defended the usage of words such as zaabta (law), majroob (injured), imroz (today), etc, arguing that due to long and continuous usage in police documents, the public has become familiar with these.

Delhi Police had also argued that if it switched to Hindi, it would create fresh difficulties for the force and the layman.

2019

Aamir Khan2, Nov 27, 2019: The Times of India

Urdu, Persian words in FIRs
From: Aamir Khan2, Nov 27, 2019: The Times of India

FIRs should be in the simplest language possible, Delhi high court has said while directing Delhi Police to present 100 FIRs from different police stations in the national capital to see if cops were refraining from using “complicated” Urdu and Persian words.

A bench of Chief Justice D N Patel and Justice C Hari Shankar have passed the direction pursuant to a circular issued by the DCP (legal cell), Delhi Police, asking all police officers to refrain from using “archaic Urdu/Persian” words. “Urdu/Persian words are being used mechanically by cops without knowing the meaning and proper application of mind,” the bench noted. The court stressed that there was no need for police to show their knowledge of Urdu and Persian words.

Delhi Police’s list contained 383 terms in Urdu or Persian with their translation in Hindi and English. Referring to the list, the court emphasised that public, at large, may not be able to understand all these Urdu or Persian words. As a result, it asked for the list to be given along with the FIR to a person seeking the FIR copy. The list, it added, may not be “exhaustive” as there can be other similar Urdu and Persian words being used in FIRs which are not mentioned in it. “The practice of using these words in the FIR ought to be stopped by police,” the bench directed. Referring to the Code of Criminal Procedure, 1973, the bench said FIR was the “most vital document” prepared by police for it set the process of criminal justice in motion.

“In fact the copy of the FIR is required to be sent to the magistrate immediately as it is an immediate version of the narration of the whole offence. In court, the FIR is required to be read time and again, hence, it should be in a simple language or it should be in the language of a person who has approached police to lodge an FIR,” the judges noted.

A PIL had challenged the usage of Urdu or Persian words in FIRs on the ground of inconvenience for general public. Pursuant to a court order on August 7, 2019, Delhi Police issued a circular to its officers to “evade using archaic Urdu/Persian words” and come out with the list. High court now wants to know if the circular is being followed by subordinate officers in “letter and spirit”. It said, “Minimum 100 copies of FIRs should be presented before the court on the next date of hearing.”

Law and order

New Delhi Law and order Reserve Force/ 2018

Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: The Times of India

Force Pressed Into Action For First Time During AAP Stir

Taking a cue from police forces of western countries, Delhi Police has created a special team for crowd control. The New Delhi Law and Order Reserve Force was tested for the first time after its recent formation during the protest by Aam Aadmi Party.

Young policemen from different stations in the capital have been posted to the new unit to act when law and order deteriorates during demonstrations, said Madhur Verma, DCP (New Delhi). The creation of such a special unit was necessitated by the almost daily protests in Lutyens' Delhi, which houses important government buildings and important institutions.

“Organisations frequently hold protests without acquiring permissions from us,” observed a police officer. “In many cases, the crowd goes out of control and enter government offices and public institutions such as Vigyan Bhawan and Shastri Bhawan.” He said that the crowd control unit will work to deter people from resorting to hooliganism.

Till now the practice was to call in reserves from all police stations to implement mob control measures. After deciding to create a permanent team for the purpose, such personnel were given special courses and training in anti-rioting and crowd management operations. So far, around 100 policemen aged 25-35 have been inducted into the new unit, which is based in the New Delhi district lines.

Each member, deployed on a six-month deputation, will be equipped with lightweight body armour, technical gear and canes. “These items were specially procured for the Law and Order Force. They have been kept light in consideration of the long duration the cops might have be at their posts,” said an officer, exuding optimism that the mere presence of a team of young cops with body armour and canes will act as a deterrence against hooliganism.

For easy mobility, the cops have been given motorcycles and buses with GPS system so their location can be monitored in real time by the control room team. The tests have revealed that the unit can reach any spot in Lutyens’ Delhi perimeter in five to eight minutes.

The standard operating procedure requires any police station experiencing deterioration in law and order to make a request for the special unit, which will be directed then to help the local police. Senior officers said they were contemplating an increase in the reserve force’s troop strength. A proposal to create similar units for other areas of the capital is also being considered.

Law and order zones

Delhi

2016: Delhi has 2 law and order zones under 3 officers

The Times of India, Feb 04 2016

The zones that Delhi was divided into for policing purposes in 2016; Graphic courtesy: The Times of India, Feb 04 2016

Rajshekhar Jha

Call it a way to improve enforcement in Delhi or a clever manoeuvre by outgoing Delhi police commissioner B S Bassi, but Delhi has now been divided into two law and order zones under the stewardship of three officers. Two officers of special commissioner rank will have charge of each area and both will report to a third special commissioner, who will, therefore, be the overall law and order chief of the capital. Bassi, who has less than a month till superannuation, gave details of the new arrangement on Wednesday after a two-hour meeting with the officers selected for the new roles. Sources said that S N Shrivastava and Amulya Patnaik, both of them special commissioners (ADG scale), were informed about their new responsibilities. They will report to Deepak Mishra, special commissioner (DG scale), a 1984-batch officer.

Shrivastava will be re sponsible for the north zone, which will include central range (central and north districts), northern range (north-west and outer districts) and eastern range (east and north-east districts). Patnaik will oversee law and order in the south zone, comprising south-eastern range (south and southeast districts), south-western range (west and south-west districts) and New Delhi range (New Delhi district and railways). The law and order unit till date had Mishra at the top, assisted by the joint commissioner of the various ranges.

Both Shrivastava and Patnaik have a reputation for being no-nonsense officers. The former headed the anti-terror unit of the Delhi Police (special cell) for close to three years until his transfer to another unit recently . The latter led the vigilance unit and had infused new life into the virtually dead wing of Delhi Police.

However, a top officer said this was a “temporary arrangement“ and likely to change once the incoming police chief settles down. While admitting the step could ensure better handling of the law and order in the capital, many senior officers also said the decision appeared more to be Bassi's efforts to contain inter-force politics. “That this is a please-all decision is evident from the timing, else why wasn't this done much earlier?“ an officer commented.

Bassi had earlier triggered resentment among the top echelons when he created the post of “senior“ special commissioners to accommodate Dharmendra Kumar, Vimla Mehra and Mishra. Before the lieutenant-governor struck down the “promotions“, Kumar had been given charge of important units like special cell and crime branch, apart from traffic. Mishra was put in charge of law and order, vigilance, armed police and recruitment. The other special commissioners had been asked to report to the trio.

July 2017: Women from north-east recruited for security in Delhi

Raj Shekhar, 41 NE women commandos to man frontline defences in Delhi , Aug 2, 2017: The Times of India

HIGHLIGHTS

The women commandos from Northeast would helm the security detail at Red Fort and India Gate

Inducted into the force as constables, they have already undergone a rigorous 10-month police training


Undergoing training by the best in the business, these 41 women commandos from Northeast may be second to none when it comes to handling a terror strike or a hostage situation. This Independence Day, these elite women cops would helm the security detail at Red Fort and India Gate, amid intelligence inputs of women Fidayeen planning to target the capital.

Right now, these women are in the middle of a four-month advance commando training at Jharoda Kalan. Inducted into the force as constables, they have already undergone a rigorous 10-month police training, which they completed with exceptionally good grades. The new commando force is the brainchild of police commissioner Amulya Patnaik.

According to special commissioner Dependra Pathak, these commandos will be posted with different units, including Parakram and SWAT. "Many of them will be posted in the anti-terror Parakram vans. As of now, there are 10 such vans and each of them has a women commando. Fifteen more vans will be inducted soon and these commandos will be deployed there too," he added.

An ACP-rank officer, O P Sharma, is heading the training programme. To cross the language barrier, an instructor from the Northeast has been roped in. "These policemen are extremely professional and dedicated towards their training. They can spring from deep sleep to action — fully armed — within a minute of an alarm being sounded. There is an amazing mix of cultures on display at the academy at present," said Sharma.

The training includes advanced hand-to-hand combat moves from Krav Maga, a form of martial art developed by the Israeli army. Most of these women had joined Delhi Police in 2016. Pressed into action, they can carry out reconnaissance, design maps and begin an assault within 10 minutes of reaching a spot. Each "hit-team" consists of a team leader, two recce officers, a communication specialist, two sharpshooters and a medic.

Each commando is armed with an AK-47 assault rifle, or an MP5 submachine gun, with at least four 30-round magazines, a Glock 17 or Glock 26 pistol, hand grenades, a wireless set, a 20-metre nylon rope, a pencil torch, a bulletproof helmet (patka for Sikhs), bulletproof jacket, flame torch, cutter and a commando dagger. Special knee and elbow pads are also worn for protection during stealth attacks. The commandos also learn warfare techniques, such as identifying improvised explosive devices.

These commandos are best equipped to handle crises in the capital as their training and combat skills are Delhi-centric — from climbing multi-storey buildings within seconds to rescuing hostages from a room located in the core of a hotel, or a DTC bus or the Metro.

Lawyers vs. the Police

1988-2019

Abhinav Garg, Nov 3, 2019: The Times of India

Lawyers vs. the Delhi Police, 2014-17
From: Abhinav Garg, Nov 3, 2019: The Times of India


Images and videos of policemen chasing lawyers and vehicles burning in a court complex recalled a similar incident over three decades ago. The face-off at Tis Hazari is also a reminder that not much has changed in the relations between the men in uniform and those donning black robes since the time they first clashed in 1988.

That day, Kiran Bedi, India’s first woman IPS officer and at the time a young deputy commissioner of police, had a showdown with the capital’s lawyers who had brought the courts to a halt for a prolonged period. Much like in Saturday’s case, the confrontation in 1988 had begun with a trivial argument over parking, the trigger being the arrest of the lawyer for alleged theft and of him being handcuffed.

What could have easily been defused through the intervention of the police brass and the bar association turned instead into a full blown fight, in which police cane-charged the lawyers, leaving many of them injured. This infamous episode led to one of the longest strikes in the history of the Delhi Bar Association.

Till date, both sides have justified their actions of that day, though the Justice D P Wadhwa Committee indicted Delhi Police and Bedi in particular even as the latter maintained the lawyers had run amok, thus inviting a strong response.

Hours after the clash, Delhi high court Chief Justice D N Patel convened a meeting of the Administrative Committee comprising seven top judges. Sources told TOI that Delhi’s additional chief secretary and the joint commissioner of Delhi Police of the area concerned were also summoned to the court. Justice Patel is learnt to have conveyed his concern over the security of lawyers and litigants in the court complex, Police apparently informed him that FIRs had been filed and investigation was under way.

The clashes indicate a deeper flaw and absence of a mechanism that would allow both sides to calm their members. In 2016, several lawyers ran riot in Patiala House Courts assaulting JNU student leader Kanhaiya Kumar and journalists in sight of police. The same year a group of lawyers clashed with policemen in the Rohini court after an advocate was detained for refusing to be frisked while entering the court complex. In 2017, an SHO was allegedly assaulted by a lawyer in the Karkardooma court in relation to the latter’s earlier arrest.

While senior police officers say the men on the spot are best positioned to take a call in such cases, lawyers maintain that the police brass has failed to rein in rogue elements. Perhaps it needs a decisive intervention of the bar and the bench to prevent recurrence of violence.

Naib courts

HC: Reshuffle naib courts every 3 years

Abhinav Garg|HC tells police to reshuffle naib courts every 3 yrs|Jul 10 2017 : The Times of India (Delhi)

HC tells police to reshuffle naib courts every 3 yrs

New Delhi  The Delhi high court has asked Delhi Police to reshuffle naib courts every three years. A naib court is a policeman who acts as the link between the local police station, jail authorities and the court concerned having the jurisdiction of a particular area. They function in close coordination with the prosecution and under supervision of the local DCP . They are mostly of the rank of constable or head constable.

From maintaining a register of summons issued or directions given to police officials connected to a case to ensuring compliance of the orders by the police, a naib court is an important cog in the wheel of justice delivery and is attached to the Prosecution Branch in each court complex where criminal cases are heard.

A recent missive sent to police commissioner Amulya Patnaik by the HC administration under instructions from acting Chief Justice Gita Mittal, said that “continuous and long postings“ of naib courts in the same court give an impression of a “nexus.“

The letter, sent by RG Dinesh Sharma informs the CP that “High Court of Delhi is in receipt of lot of complaints that there is unhealthy practice of continuous postings of particular naib courts in the same courts or with the same judicial officers for long durations.“ The RG's letter further adds that in order to “inspire confidence of litigants and lawyers, Honorable Acting Chief Justice has been pleased to direct that a naib court may not be posted in the same court same court complex and with the same judicial officer for more than one tenure.“

It clarified that by one tenure, the court administration means a period not exceeding three years under any circumstances.

Until now, the police brass posted naib courts to prosecution branch of a court complex from where they are attached to individual courts.

Personnel issues

Benefits to cops

Benefits after 15 years’ service

Higher rank, perks for cops serving for 15 yrs, Nov 09 2016 : The Times of India


Delhi Police has issued a circular according to which constables and head constables who have completed 15 years of service would be entitled to a senior position immediately .

A head constable promoted to an assistant sub-inspector would also be eligible to become an investigating officer of a case, thereby easing the load of existing IOs.Senior officers said these special grade policemen would be tasked to handle petty cases that are now probed by officers ranked higher.

The rules provide for promotion but due to the infamous red tape and infrastructure issues, a constable sometimes ends up serving in the same rank for 25 years; some even retire with that rank.Now, departmental promotion may take its own pace but personnel would be able to seek the benefits of designation and uniform. Nearly one-fifth of the force, or 28,000 personnel, would benefit from this.

According to the circular, any constable given a special grade would be promoted as head constable subject to eligibility. However, higher grades would not create new po sitions in Delhi police. A constable given a rank of head constable would be allowed to wear such rank insignia and receive the grade pay of a head constable.

A committee would soon be constituted to look for eligible personnel and improve their grades. Special rank officers would also receive 30-day training before assuming functions of a higher rank.

A constable would be eligible for a minimum of three promotions till he reaches the rank of a sub-inspector based on the number of years in service. Similar steps have been taken in Punjab, Kerala and Puducherry already . In the past four months, 4,498 policemen have already been granted higher ranks.

Vacancies

The Centre had earlier asked Delhi Police to put forward a recruitment proposal. In 2014, HC directed the Centre to fill up 14,000 posts. It was further brought down by MHA to 4,227 posts.

Crimes against policemen

Crimes against policemen, 2013-16; The Times of India, Jan 4, 2017

See graphic

Crimes against policemen, 2013-16

Dismissal from service

2018:  61 policemen fired, 2,000+ faced the whip

January 10, 2019: The Times of India


The annual crime data of the Delhi Police has revealed that 61 police personnel were dismissed from service in 2018. The department also initiated disciplinary action against 2,069 officers last year.

Police commissioner Amulya Patnaik said there is zero tolerance on corruption in the force and encouraged people to come forward with their complaints against policemen.

The data on action taken by the vigilance unit of Delhi Police showed 472 inquires being conducted in 2018. Of these, allegations in 107 vigilance cases were proven against 272 police officers. Among those who faced disciplinary action were five ACP-rank officers and 62 inspector-rank officers.

Delhi Police also suspended 433 personnel, ranging from inspectors to constables, in 2018 for disciplinary matters. Inaction, corruption and harassment remained the major issues that prompted actions against the errant cops.

The department used an array of methods to receive complaints of wrongdoings by the cops. These included the anticorruption helpline — 99106 41064, which received 638 calls in 2018. Of these, 378 complaints were related to inaction by the police staff, while 171 calls were regarding corruption and 89 calls were for other complaints. Of the complaints, the unit initiated action in 73 instances.

The flying squad of the vigilance branch, led by an ACPrank officer, attended to 1,238 complaint calls at various police stations in the city. Apart from them, the special surveillance teams conducted 87 surprise checks to ascertain the performance of traffic cops, PCR vans and beat officers, who tend to have the most interaction with the public.

The police data also revealed that 318 cops, including seven inspector rank officers, were given major punishments after inquiries were conducted by the vigilance unit. In total, 1,690 personnel were given minor punishments after the conclusion of inquiries against them.

The unit, which maintains a list of cops with doubtful integrity, added 833 names to the list in 2018. The vigilance unit removed the names of 550 cops after probing allegations against them, while 725 cops continue to remain on the watch.

People actively sent their grievances to the official email ID of the top cop — cp.amulyapatnaik@delhipolice.gov.in and delpol@vsnl.com with 34,346 complaints being received and forwarded for necessary action.

Police chief Amulya Patnaik said there is zero tolerance on corruption in the policce force and encouraged people to come forward with their complaints

Minority communities in the ranks, less than 4%/ 2017

Muslims form less than 2% of police force, November 25, 2017: The Hindu


The Delhi Police, which has a strength of around 80,000 personnel, employs less than 4% of members from minority communities in its ranks, according to a report by the Delhi Minorities Commission (DMC).

CM releases report

The annual report, released by Chief Minister Arvind Kejriwal also shows that Muslims, the largest minority group in Delhi, form less than 2% of the police force here.

The report said the force has 1,388 Muslim personnel and 697 Christian personnel. It said the Delhi Police employs 856 Sikh personnel.

“The Delhi Police has 1.79% personnel from the Muslim community. In total, it has 3,035 personnel from minority communities who form 3.91% of the total strength of the force,” the commission said in its report.

In the report, the DMC has identified 12 departments and corporations of which members of the minority communities are a part. Apart from the police, the Delhi Fire Service (DFS) has a total of 26 members from minority communities which is the lowest among 12 departments and corporations.

DMRC members

The Delhi Metro Rail Corporation (DMRC) employees 283 members from minority communities.

However, the Directorate of Training tops the list at 13.33%, followed by the Public Grievance Commission at 7.69% and the Directorate General of Home Guards at 5.22%.

Recruitment in Delhi Police

2015: Recruitment of constables

The Times of India, Oct 30 2015

One constable for every 262 Delhiites

Delhi Police, one of the largest metropolitan police forces in the world with a sanctioned strength of around 72,000, is likely to recruit more than 15,000 additional personnel in a major boost to its manpower.

The Union home ministry is working on a proposal to sanction the additional posts which would translate to at least a 20% increase in numbers and would be the biggest expansion of the Del hi Police. Women are likely to get a third of these posts.

“As part of its initiative to improve policing in the capital, the ministry proposes to recruit 15,000-20,000 consta bles into the Delhi Police over a period of time. The Cabinet note is being drafted and will be put up for approv al soon,“ a home ministry official told. According to data from the Bureau of Police Research and Development, Delhi Police had a sanctioned strength of 72,686 personnel (civil and district armed police) as on January 1, 2014. It far exceeds the national average in terms of population per policeman.

As against one constable for every 262 Delhiites, the national average stands at one policeman for 716 persons.

The Delhi Police also beats all other metropolitan police forces in India in terms of manpower. As compared to 72,686 sanctioned strength of civil police in Delhi, Mumbai has just 48,969 policemen and Kolkata 22,834 policemen. There are 11 police sub-districts in Delhi, with 181 police stations, 23 out posts and 15 state armed police stations.

“The proposal to expand the Delhi Police may be included in the next year's general budget, which will earmark the required funds. The timeline for recruitment of the 15,000 constables is being decided,“ said a home ministry functionary . Union home minister Rajnath Singh has constantly pitched for strengthening the Delhi Police, laying particular stress on making the capital safer for women.

The sanctioned strength of constabulary in the Delhi Police, as per BPR&D data, was 18,989 head constables and 39,834 constables (including civil and district armed police) as on January 1, 2014. Each Delhi Police constable has an average 0.02 square kilometer of area under him.

Rogue list

2016/ Rogue list

`Rogue' list gets longer , Jan 2, 2017: The Times of India


Around a dozen Delhi Police personnel were arrested on criminal charges in 2016

Three traffic policemen we re caught recently for abducting a businessman. They drove him around central Delhi till he agreed to give them the money he was carrying to deposit at a bank. A few days later, a policeman was shot by criminals and it was later found that he was conniving with them to run a gambling racket and a dance bar in outer Delhi.

In May 2016, an SHO was arrested after he was found to be instigating the girlfriend of a criminal to commit suicide.The woman later reached the Tees Hazari police station and consumed poison, blaming the SHO for her death.

In 2016, the vigilance department had conducted 55% more inquires against its men.A Delhi Police survey found 34% of the cops to be corrupt in 2015, down from 66% in 2014.

Last year, the department registered 88 cases under the Prevention of Corruption Act against 77 policemen. Inquiries were conducted against 838 policemen, of which charges were proved against an ACP , 12 inspectors, 18 sub-inspectors, two ASIs, five head constables and 15 constables. Of the 490 cops suspended in 2015, 10 were inspectors, 90 sub-inspectors, 46 ASIs, and the rest were cons tables and home guards. Departmental inquiries were ordered against 1,017 officers and 90 policemen were dismissed from service following complaints.

The department got 1.09 lakh complaints on its anti-corruption helpline. A 24x7 flying squad was formed for corruption complaints. A mobile app was also launched for quick registration.

2018/ Rogue list

Over a dozen policemen in dock in last 12 months, August 1, 2018: The Times of India

Criminal charges against policemen, Delhi- 2017, 2018
From: Over a dozen policemen in dock in last 12 months, August 1, 2018: The Times of India

Criminal Charges Range From Corruption, Bribery, Kidnapping To Robbery

Delhi Police may be facing a major embarrassment with CBI arresting the SHO of a high-profile police station like Saket, but this not the first time this year that a cop from the force has been in the dock.

In the last one year, more than a dozen policemen of various ranks have been arrested on criminal charges ranging from corruption, bribery, kidnapping to robbery.

Just last week, two policemen were dismissed for being involved in a kidnapping case. In May, a cop in Samaypur Badli was dismissed for aiding drug dealers. An inspector was arrested in June for his involvement in a cheating and human trafficking racket. The same month, a sub-inspector and a constable from Punjabi Bagh police station were arrested and dismissed in a bribery case.

A few months ago, the police department was left rattled after a senior inspector and an intelligence bureau officer were arrested along with another associate on charges of running a transfer-posting racket. During searches, CBI had seized Rs 1.6 crore in cash. While this was seen as the tip of an iceberg, the arrests in the case remained limited to three.

The rising number of arrests of policemen indicates that not only does the vigilance branch need a complete revamp, but police commissioner Amulya Patnaik and his deputies need to monitor the activities of DCPs and SHOs more closely. Sources said that the lawyer arrested on Tuesday had uninterrupted access to offices of many senior officers.

In Tuesday’s operation, a hunt is on for another inspector from Hauz Khas police station who had also been on CBI’s radar in the past. The role of other policemen, including senior district-level officers, is being probed, sources said.

Questions are also being raised on how a tainted cop managed to get a posting in a high-profile south Delhi police station. Sources said police stations like Saket are among the most sought-after in the capital. Most of the times only a handful of “super SHOs” — inspectors heading big police stations — get posted there. Also, a handful of inspectors get to head the same police station twice in a span of a few years.

The police brass, however, claimed that the transfer board relies on various parameters to select an officer for the job. Delhi Police said they practice zero tolerance and policemen caught in such acts are dismissed immediately.

Shortage: extent, 2017

Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India

Only 12% Hike In Officer Count Since 2012

Since 2012, while the cases being registered have gone up by 260%, the number of IOs has increased by only 12%.

The police have, however, got a breather as the Union home ministry sanctioned more than 4,000 posts for investigating officers (IO) last year to take some load off the overburdened cops. The de cision was taken after getting approval from the department of expenditure and finance ministry and has been made operational in two phases in 2016-17 and 2017-18.

According to standard practice, IOs at police stations or specialised units have to complete investigations within 30 days of a case being registered and prepare the chargesheet. Each IO, usually of the rank of subinspector or inspector, is burdened with over 50 cases at a time. They either have to compromise on the probe quality or delay it for some time to clear out backlogs.

Officers agree that the practice not only exhausts a policeman, but leads to extra hours of work, some stret ching for days. “In incidents like murders and robberies, the IO has to work for hours to gather evidence physically leaving out all other probes he is engaged in,“ said a police officer.

In the Nirbhaya incident of December 2012, the investigators contacted external agencies to collate evidence of dentures and blood samples within a month to prepare a watertight chargesheet, which led to a landmark judgment. As per the plan, 635 graduate constables have undergone specialised training to investigate petty cases. Around 1,640 constables and head constables have been promoted under the special grade scheme and trained to handle cases.

A total of 15,000 policemen have been trained in specialised courses, like scientific investigations, law of extradition and important case studies. DCPs and ACPs have also been trained to monitor the quality of the investigations.

However, cops say that investigators require specialised support from external agencies. Cops have proposed setting up of 17 posts of assistant legal advisors and permission to investigators to seek help from chartered accountants, cyber experts and engineers. The police commissioner can be empowered to employ specialists for each case.

Suicides, mental health issues/ 2017

Raj Shekhar Jha & Somreet Bhattacharya, Suicide by 3 cops in 15 days puts mental health issues in focus, October 10, 2017: The Times of India

Number of suicides among Delhi Police Personnel due to depression, 2017
From: The Times of India, October 10, 2017


Five policemen in Delhi have killed themselves in the past two months -three of them within a fortnight. In all, the count is nine in 2017

Most of them were on duty when they shot themselves with their service weapons. While many have left suicide notes, some deaths have remained a mystery . However, depression turns out to be the most common reason, hinting probably at an immediate need to address the mental health problems of Delhi Police personnel.

From family problems to ill health to tiff with seniors -cops are depressed due to various reasons. Seven-eight personnel committed suicide every year in the past five years and many of them had written about depression in their suicide notes.

The police reforms manual, prepared after a PIL was filed by former DGPs Prakash Singh and N K Singh, has also cited arbitrary and frequent transfers at the behest of influential third parties as a cause behind depression and demotivation.

Thippeswamy from Karnataka, who jumped before the railway tracks in January , had written, “I am sorry my dear family and friends. I was suffering from depression since very long time. I am unable to cope up with that. So I am taking my own life.“

Head constable Chand Pal, who had shot himself on the Supreme Court premises in January , was depressed due to family issues. He had alleged in the suicide note that his family members had grabbed his property . A marital discord and long hours of duty had further worsened his mental health.

Head constable Pramod Kumar, who killed himself at Delhi Cantt police station in August, was also in depression due to family problems. He said he couldn't keep his wife and children happy .

Har Bhagwan, another head constable who shot himself inside the beat box in Shahbad Dairy , was depressed over quarrels with his wife. He shot himself a few minutes after arguing with her over the phone. However, Delhi Police does not have any provision to deal with mental health of its employees. Cops said they were counselled and their grievances were addressed. The recent large-scale promotions are one of the initiatives taken to relieve and motivate many , they claimed.

Senior officials said they had taken steps to ensure that the personnel-on-theground didn't feel left out. “Whether it be the issue of leaves on anniversary or children's birthdays or going home once a week, all SHOs and DCPs have been asked to reach out to their subordinates and ensure that all help is extended to them. This will be discussed on priority in the next meeting,“ said Delhi Police spokesperson Dependra Pathak.

Delhi Police also conducts entertainment programmes. “There is also a police families welfare organisation to look after the education and health of the children and take steps to keep the policemen free from these worries,“ said Pathak. “We have directed the DCPs to conduct sampark sabhas every week to hear out grievances of junior colleagues.“ “Despite counselling, a person who has access to a weapon may end up using it easily . We are trying to address this as well,“ an officer said.

Police stations

Kirti Nagar: rated best in 2017

The Times of India, Feb 16 2017 

 Next time you are in or around Kirti Nagar in west Delhi and want to have coffee or need to use WiFi, you may want to head to the area police station. Strange as it may sound, it's true. Call it the outcome of its state-of-the-art infrastructure or friendly policemen, the Kirti Nagar station tops the list for facilities, functioning and environment in Delhi, a department survey has found.

After a long and exhaustive evaluation lasting a month, a Delhi Police committee, headed by special-commissionerrank officers, has selected Kirti Nagar police station as the best in the capital, sources say . On Thursday , the police station chief and other senior officers will be felicitated by MoS (home) at the 70th Raising Day celebrations. The results will be announced there.

The police station comes under the jurisdiction of P Kamraj, special commissioner (law and order) of south zone, and joint commissioner Dependra Pathak. The area DCP is Vijay Kumar and the station house officer (SHO) who has worked on the ground for bringing about change is Anil Sharma. From its reception to the lock-ups, it has set an example for other police stations in Delhi, which often come under criticism for being unfriendly .Soon after taking charge as police chief, Amulya Patnaik had made it clear that policemen needed to give priority to the people.

This police station allows free WiFi for all visitors who just have to register their ID at the front desk. It also has a cafeteria where eatables are available on subsidised rates for policemen as well as the public. Moreover, the station has a website of its own (http:www.pskirtinagar.com), which the area residents and businessmen can use to approach the police for help. People can download various verification forms (like those for tenants or helps) from the website, apart from lodging complaints with the area SHO.

The committee gave the station maximum points on patrolling, discipline and cle anliness. Purified water facility, clean washrooms and proper seating arrangements for visitors are other points where the Kirti Nagar station scored highly . Water and coffee dispensers, newspaper and security-related literature have also been placed in the visitors' room. Apart from an indoor games room, the police station has a badminton court for policemen as well.


2018: 50 stations on porta-cabins or rented buildings

Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: The Times of India

See graphic:

Police Stations in Delhi, some facts, January 2018


Are Operating Out Of Rented Properties Or Porta-Cabins

In sharp contrast to Kirti Nagar police station, which figured among the top 10 facilities in the country, 50 police stations in the capital are operating out of either rented properties or porta-cabins on private land.

According to the Delhi Police data, while 13 police stations have been running from rented premises, the others are operating out of porta-cabins on private land. Most of these are located in Rohini, southwest, northeast and outer Delhi, while central and south Delhi has one each.

For all these stations, requests have been sent to the land-owning agencies for centrally located plots. In 2017, cops took possession of three plots from the government and sanctioned construction, while eight buildings were completed.

In Karawal Nagar, an adjoining plot has been rented to keep impounded vehicles but even that is getting full. The main stretch connecting the road is so damaged that underground sewer lines overflow during the monsoon, forcing cops to take longer routes even during emergencies.

Officers said all these stations were set up over the past decade as the colonies grew in an unplanned manner in these bordering areas. However, no space was allotted for a police station that requires 20,000 sq metres of land on average to work effectively.

At Kapashera police station in southwest Delhi, a visitors’ room has been set up in the compound and another in the backyard, using tin sheds. Officers said they recently expanded the compound to store impounded vehicles. The police vehicles are parked on the road.

The establishment at Chhawla is operated out of a rented plot that does not have enough space even for cops and seized vehicles are dumped on the road. Despite repeated requests, no action has been taken to allot it a permanent address.

“We have also been trying to get land from private agencies, but it is difficult to get such plots at government rates,” said a senior police officer. At some places, porta-cabins have been set up on private land, though these are extremely uncomfortable during summer.

Even IP Estate police station, which is at a stone’s throw from the police headquarters, operates out of a porta-cabin under a flyover and doesn’t have any parking facility. At Bindapur, cops are in a slightly better position as they will get a new building in February.

Cops at Mundka have another problem — due to lack of connectivity in the area, their landline doesn’t work, and they use a mobile phone to take emergency calls. Officers at the station said the landline had got disconnected long ago.

February 2018/ Punjabi Bagh, best police station

Punjabi Bagh best police stn, February 17, 2018: The Times of India


Punjabi Bagh was declared the best police station in Delhi, while Seelampur and K N Katju Marg secured second and third ranks in an audit conducted by Delhi Police. The results were declared in the presence of Union home minister Rajnath Singh during the 71st Raising Day parade organised at Kingsway Camp on Friday. The parameters were fixed in terms of service, people friendliness and infrastructure. While addressing Delhi Police officers during the event, Singh talked about minute details of policing. He asked Delhi Police to focus on smooth traffic flow alongside issuing challans and including people of Delhi in policing initiatives. He announced Rs 5 crore for the police martyr fund. The home minister also lauded Delhi Police for rescuing the five-year-old boy kidnapped from Shahdara.

April 2019/ Kashmere Gate police station declared best

Kashmere Gate police station declared best in city by home min, April 3, 2019: The Times of India


The ministry of home affairs has declared Kashmere Gate police station in north district as the best in the city. The unit achieved this feat in the annual ranking assessment of police stations for 2018. Police commissioner Amulya Patnaik awarded the Certificate of Excellence to inspector Devender Kumar, the station house officer of Kashmere Gate.

The home ministry selected the best station on various parameters, including maintenance and cleanliness of the building, working out of heinous crimes, data uploaded on the network, workout percentage of cases and complaints of 2018, and disposal of inquiry reports of various complaints received from watchdogs.

Parameters like feedback about police conduct, maintenance of records and case property, and facilities available for visitors were also looked at while deciding the best station.

The police station has WiFi, which can be accessed by visitors by registering their ID at the front desk. Apart from designated barracks, it has a fitness area for policemen. It also provides newspapers and legal literature in the visitors’ room. It boasts of a well-maintained register of medico-legal cases and statements of witnesses in calls, standing orders and circulars, as well as list of absconders and deserters.

During the survey, MHA officials called complainants at all police stations and asked them about the behaviour of policemen.

Women

Policing for women-related crimes

2012-20

Ariba Khaliq, December 15, 2020: The Times of India

Crimes against women in Delhi, 2012-20
From: Ariba Khaliq, December 15, 2020: The Times of India

NEW DELHI: It has been eight years since the horrific gang-rape and murder of a physiotherapy student — who came to be known as Nirbhaya — in south Delhi. 2020 is significant, for the year brought an end to the legal battle between the state and the convicts, who were hanged on March 20.

The Nirbhaya case, however, did not just result in the hanging of the rapist-murderers. It also changed the way Delhi Police dealt with crimes against women.


For one, registration of crime underwent a systemic change, leading to an increase in FIRs filed, from 706 in 2012 to a peak of 2,199 in 2015. This year was safer for women, with just 1,429 cases registered till October 31 against 1,884 last year in the same period.

Police commissioner S N Shrivastava is learnt to have emphasised a zero-tolerance policy in crimes against women, and joint commissioner- and deputy commissioner-rank officers oversee the investigation in these cases, pushing for timely arrests and filing of chargesheets.

Serving and retired police officers agree that the December 16, 2012 event was a turning point for law enforcement in the city. Delhi Police underwent an overhaul at the grass-roots level and took a slew of measures. “From dedicated anti-stalking cells to self-defence training for women and Himmat Plus app for easy access to police, Delhi Police gave top priority to women’s safety. No jurisdictional dispute is allowed to delay police response to a complaint,” an officer claimed.

There is a change in the police attitude towards the complainant as well. “Cops are now conscious of the manner in which they talk to a survivor, record the complaint or elicit information,” the officer said. “And besides attending to emergencies, staff handling the 10 lines of 1091 helpline also provides counselling.”

The case also led to the amendment of rape laws as recommended by the Justice JS Verma Commission set up after the Nirbhaya horror. After going through 80,000 submissions from the public, the commission accepted the need to punish rape, molestation and other sexual offences such as voyeurism with imprisonment up to seven years. Stalking or unwanted attempts to contact a person repeatedly was made punishable by a three-year jail sentence.

The amended laws made police duty-bound to assist rape survivors, starting with the immediate registration of an FIR on receiving a complaint. Now, women can also file online complaints. A slew of cases has already been registered based on email received by police. Women can also seek legal help from the police crisis cells. The growing awareness about legal remedies has resulted in more women reporting gender crimes.

As for stalking, cops said that all distress calls related to the crime are diverted to a special anti-stalking group. “The group follows up on the abusing number and deals with the aggressor in an effective manner. The cases are referred to the local police in real time,” the officer explained.

Besides deploying all-women PCR vans, male and female cops in plainclothes are also posted outside school and colleges when classes begin and end. There is special patrolling of the risk-prone routes taken by women returning from entertainment hubs and malls, and the civic agencies are informed about poorly lit roads.

2018: women DCPs in 4 of 13 districts

Rajshekhar Jha, In a first, 4 of 13 districts to have women DCPs, August 30, 2018: The Times of India


After reshuffle in Delhi Police, four out of the 13 districts in the capital will have women DCPs, a first for Delhi.

While the new deputy commissioner of police (DCP), Monika Bhardwaj, will be in charge of the west district, Aslam Khan, Meghna Yadav and Nupur Prasad are already heading northwest, Shahdara and north districts.

A 2009-batch officer, Khan is known to be a daredevil officer who doesn’t mince words. Coming from Rajsthan, she has never hesitated in taking on the corrupt. During her stint as the superintendent of police in the Andamans, Khan had exposed corruption in Port Blair Municipal Council and arrested at least eight government officials, including a traffic cop, for taking bribe.

Recently, Khan deposited half of her monthly salary in the account of the family of a truck driver from Jammu who was killed during a robbery bid in her jurisdiction. She also promised to bear all educational expenses of his children. Her husband, Pankaj Singh, is heading the east district in Delhi.

Bhardwaj, a 2009-batch officer from Rohtak in Haryana, has served in units like the police control room (PCR) and as additional DCP in west and southwest districts. The soft-spoken Bhardwaj is known for her honesty and righteousness. Her colleagues say she is closely involved in the operations and has a nose for minute details. Fairly active on Twitter, she regularly posts updates about her area.

Prasad, a JNU alumnus who comes from Bihar, is a 2007-batch officer who was the DCP of Shahdara district before taking charge of the north district. An officer who has closely worked with Prasad described her as having unshakeable integrity and composure. “She has unflinching support for subordinates and is a straight talker,” the officer said.

Yadav, from Delhi, is also a 2007-batch officer who will head a district for the first time. Known for being an action-oriented officer, she and her team, during her stint in Daman, had exposed an extortion racket involving IPS and other police officials of the department and arrested them. In 2012, she had made headlines after she wrote to the Delhi high court to protest against ill-treatment allegedly meted out to her by a judicial officer. Yadav’s husband, Seju Kuruvilla, is the DCP of outer district in Delhi. Police commissioner Amulya Patnaik has also posted officers like Esha Pandey as DCP in the special police unit for women and children, Varsha Sharma as DCP in the economic offences wing and Geeta Rani Verma as DCP in the traffic unit.

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