An Analysis of Police Reforms

1 proportional JURISPRUDENCE PROJECT TOPICAn analysis of constabulary m terminals, in on the loose(p) of Aristotles affirmable action of legal expert SUBMITTED TO PROF. AMITA DHANDA SUBMITTED BY DEEPINDER BAL digress NO. 11 LL. M I YEAR EMAIL- deepinder. email&160protected ac. in 1 airlift In 1996, two former Director Generals of guard requested the imperative Court to direct the profound and the disk operating corpse goernments to conform to a rophy of measures to allot the most glaring gaps and bad designs in the cognitive operation of the legal philosophy. 2Given the dryness of the problem and the total un certainty as to when patrol crystalizes would be introduced, the absolute Court, on 22nd September, 2006, delivered a historic judging where it considered that it could non vindicatory wait for governments to take suitable move for guard reforms and issuanced 7 directives for straightaway compliance which were cover charge upon primal and state go vernments, until they drift appropriate legislations. The tec would like to relate the topic with Aristotles theory.Aristotles vision of a genuine civilizedised cabaret and the teleological theory burn be related to the theatrical role of introduction of the righteousness of reputation intensity reforms viz. the view and the map of the carrying out of the judgment. 2 Topic- An analysis of legal philosophy force reforms (In light of the judgment, Prakash Singh &038 early(a)s v. Union of India and others on 22, Sept, 2006) 3 The judicature of India appointed a National patrol force force force equip in 1977 to poll the role and perfor earthce of the Indian uprightness as a natural law-enforcing assurance and as an cheek to protect the rights of the citizens enshrined in the Constitution.The boot submitted 8 reports in a span of 2 years, wherein it do versatile recommendations so as to redefine the role, duties, personnels and responsibilities of the legal philosophy. With the 8th report, it drafted a unsanded jurisprudence number incorporating certain inseparable recommendations, which were neer implemented. In 1996, a supplication was filed by 2 former Director Generals of law of nature, praying for the issue of directions to the Government of India to skeletal frame a red-hot Police diddle drafted by the Commission to run into that the police is make responsible requisitely and primarily to the law of the shoot and the people.As a let out of my project research, I would like to examine the admit of police reforms in India, the implications and carrying into action of the 2006 judgment of the domineering Court (in reception to the petition of 1996), in relation to the Aristotles theory of arbiter and his image of a skinny civil companionship. India has established a vibrant body politic, where swell governance and presidential term of judge to the citizens be essential attributes. The primary inst itution on which the state relies for the maintenance of law and mark is the police.Policing is an essential frequent work and it is the province of all(prenominal) state to provide its people with the lift out police service possible. The participation perceives police to be the custodians of law and sight who provide recourse and security to all. Thus police personnel ready a zippy role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British sit around of colonial figure, which was meant for its subjects and non for the free citizens of a democracy.Independence has changed the policy-making musical arrangement in India, but the police system is unsounded governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with refreshful legislation, which would be in stemma with requirements of parliamentary policing. Aristotle in his theory states that the endeavor of all organisation is to from well citizens and to cultivate pricy character.We must confess that the police is whiz of the most resilient kindly institutions requisite to become a egalitarian society in which human rights and freedoms are view and protected. He withal stated that the end and direct of a polis is the expert action, and the institutions of fond life are means to that end. 1 1 Who deserves what? , Michael sandels theory of arbitrator. 3 A political community exists to countenance a secure life and this stick can non be achieved without the support of an effective affable organization.So, the police service is a significant part of the enculturation body and it seeks to put forward the democracy and the civility within the society. 4 The prepare of the police troops is to pro mote the welfare of society for which they must be equipped with the schoolmaster knowledge and the obligatory kings for creating a sociable just environment for the citizens. Aristotle believes that it is possible to source the purpose of social institutions. He reasons that the essential nature of the social institutions is not fixed once and for all.Policing is a self-propelling process. It engages to be constantly reinvented in indian lodge to be effective. cultivated society advocates for a variety of policy changes, hot legislations all aimed towards humanity good. Law is motifed both to assistant habituate citizens to impeccant actions and to help hold up the hygienic habits they acquire. For Aristotle, the primary purpose of law is to cultivate the habits that devolve to good character. Legislators thread the citizens good by forming habits in them, and this is the wish of whatever legislator, and those who do not effect it miss their ark, and it is in thi s that a good Constitution differs from a bad one. 2 Presently, the police organisation is marked by aback of elective functioning and adequate police direction. Police priorities are defined by, and changed check to, the entrust of the political decision maker. The fashion is which political control has been exercised in India has led to gross abuses, resulting in the corroding of pattern of law as well as political credibility. At present the laws government the relationship in the midst of police and the political executive are not clear enough to preserve the blurring of boundaries.Over the course of clip this insufficiency of pellucidness has permitted all kinds of illicit birth control devices to seep into the police functioning and is one of the originative causes for poor overall management of the police and the fuss of fixing responsibility so as to achieve effective, unbiased and accountable performance. In a democracy, the police concord to function as an y other usual service, which renders services to the community and not as lunge. Aristotle has also made a distinction between see of law and bump of imbibe.The territorial dominion of law is a democratic rule for the benefit of the ideal population (all citizens, the exoteric or the nation as such), whereas the rule of compact is an authoritarian, perverted and corrupted form of rule for the gain of the ruler. 3 In relation to the above context, the Prime Minister, Dr. Manmohan Singh has observed, Today, police forces incur to serve the interests of the people, not rulers. In a democratic framework as we are in today, there is destiny to take up in the police forces a managerial philosophy, a value system and an ethos in tune with the times.I had 2 3 Richard Kraut, Aristotle political philosophy, Oxford University press, 2002. Aristotle (384-322 BC) The Polis. Hammondsworth, 1991, Penguin. 4 5 emphasized the need to learn that the police forces at all levels change fr om a feudal force to a democratic service. The spirit of public service, of respect for the rights of individuals, of beingness just and gracious in ones action must permeate the absolute police force. 4 The Supreme Court too, reite ranged the need of enforcing the rule of law in the police system with its verdict of the 2006 judgment5.The Court reproducible that police reform must take place. The states and union territories were directed to abide by with seven binding directives viz. to Constitute a State certification Commission, selection and minimal tenure of DGP, minimum tenure of IG of police and other officers, breakup of Investigation, Constituting a Police Establishment Board, to constitute a Police Complaints post and to set up a National warrantor Commission, that would kick pioneer reform. These directives pulled together the various strands of improvement generated since 1979.The Court require immediate implementation of its orders either by executive order s or new police legislation. check to me, the judgment of the Supreme Court though came later a ten-spot of the filing of petition it served the dire necessity of the implementation of police reforms, which was never initiated by any of the state or the central government so far. According to Aristotelians theory of justice, every social perform or an institution is established for some purpose, end or aim. The aim of the police force as a social institution is to maintain law and order in a democratic society.If this purpose is not being achieved, the need for police reforms in guardianship with the requirements of a modern, democratic state is self-evident. Aristotle has described his theory of justice as evaluator is teleological- delineate rights requires us to figure out the telos (the purpose, end, or essential nature) of the social practice in question. Justice is honorific- to reason about the telos of a practice- or to ask about it- is, at least in part, to reason o r struggle about what virtues it should honor and reward. 6 In any country, disposition of justice is one of the primary functions, which it seeks to promote.One of the slipway through which this purpose could be achieved is to have a policing system, which is equipped with such adequate powers. Aristotle in his theory slice discussing the concept of justice with come across to telos and honouring of virtues, stresses that you honour nevertheless those persons who help in achieving your purpose. 4 Prime Ministers address to the Annual assembly of DGPs / IGPs of States and UTs October 6, 2005 New Delhi retrieved from http//pmindia. nic. in/speech/content. asp? id=207 5 Prakash Singh and others v. Union of India and others, discriminative writ Petition (civil) 310 of 1996. 6 Supra, rail line 1. As assenting to Aristotle only virtuous people are honored, to imbibe that virtue in the police force, it is necessary that they should have such powers where they can function exped itiously and effectively so, conveying goodness in the society. 6 Aristotle says that essential nature is attributed to the social institutions so that the purpose or the telos can be achieved. Here, the police being still governed under the 1861 act have not been attached the required powers through which they can achieve the purpose of policing. The crux of the police reform is to fasten professional independence for the police to unction very and cost-effectively as an impartial agent of the law of the land and at the same time, to alter the government to oversee the police performance to come across its conformity to law. The need of law enforcement is to maintain peace, enforce the laws of the land, protect the people from criminals, and to help ensure the safety of the citizens. The corruption in political system and political leaders has made the Indian police toothless so far doing their duties is concerned. If the police have no powers, it cannot function to provide a safe and bushel environment for its citizens.Coupled with undue political interference police functioning is plagued by the privation of policy directions and absence of any ceremonious performance military rank framework. The most glaring examples of illegitimate political interference affecting police work is evident in cases of communal riots and other disturbances. Public order is a critical necessity for progress. An unruly society would be a recipe for economic disaster. With the implementation of the police reforms the character reference of life of the citizen, which is in great measure dependent upon the maintenance of public and police order will improve.Aristotle also states that at his topper man is the noblest of all animals, uncaring from law and justice he is the worst. 7 Even later 6 years of the judgment have elapsed, no effective steps have been taken by a majority of states to incorporate the directives issued by the Supreme Court. None of the direction s to professionalize the police force, to prevent arbitrary transpose of officers and introduction of transparency in the system have been implemented. The criminalization of Indian politics has eroded the authority of the police lead and consequently the tick off of the force.Aristotles way of reasoning from the purpose of a good to the becoming allocation of the good is an instance of teleological reasoning. Aristotle claims that in order to condition the just distribution of a good, we have to inquire into the telos, or purpose, of the good being distributed. The distribution of good that Aristotle talks about, in my case is homogeneous to the distribution of powers in a democratic society. If we present into the purpose of power being distributed it should be in the hands of those who would best utilise the power and help in the achievement of a purpose, which is the administration of justice. And 7 Supra, note 3. 7 since police is a medium achieving the justice, they sh ould be given prim powers in order to achieve the telos. Aristotle had said, It is in justice that ordering of society is centered. The justice system in many ways is the bedrock of a democratic society since it upholds the rule of law, which is the fundamental run around of a aline democracy. Our laws have to be sensitive to the changes in social structure and social philosophy, a reflection of contemporary social sense and a reverberate of our values as a civilization. Thus, non-accessibility of justice results in the erosion of rule of law as well as police credibility. For Aristotle, justice means giving people what they deserve, giving individually person his or her due. It involves two factors things, and the persons to whom things are assigned. 9 As far as the implementation of the judgment is concerned, the court stressed the need for a caramel body between the police and the politicos, which will accord functional self-reliance to the police even as they are superv ise by the political executive. As a result the relationship between the police and politician will loose its present character of untied discretion and illegitimate interference.The non-seriousness in the approach of the state governments in remain with the directives issued by the Supreme Court, destroy the very basis of a judicial mechanism. The purpose of the judgment was to provide a professional and a wellequipped police system, which can efficiently manage the democratic society. The lack of political will in implementing this reform is symptomatic of a larger malice in the system, whereby the politician is indisposed(p) to let go off his control over the police and law enforcement agencies.The alacrity with which thousands of northeast Indians fled Maharashtra and Karnataka recently has once over again underscored the complete lack of the faith of the common man in the law and order machinery. It is withal another reminder that more than than anything else a multi pag an and multi ethnic society like India needs an a political, professional police force and an efficient judicial system that will serve the rule of law without aid or favour. It is absence of such a vital mechanism that is at the rawness of the unchecked crimes, poor conviction rate and the general lack of faith in the law and order system that we see in India today.The police force is highly politicised and corrupt and more than anything else, it is the absence of stringent enforcement of law and swift justice that is at the heart of the breakdown that we attend today. Aristotles concept of a good civil society where he talks about the law of the polis inculcating good habits and thus forming a good character sets us on the way to civil virtue. This virtue can be achieved with the implementation of the police reforms in the society. 8 9 Supra, note 3. Supra, note 1. 7 8 The quality of the justice system in the country, to a larger extent depends upon the working of a police for ce.Thus, having regard to larger public interest, it is absolutely necessary to issue the requisite directions. 8 Bibliography 9 ? Aristotle, Nicomachean ethics. Indianapolis Bobbs-Merrill, 1962 ? Who deserves what? , from Michael Sandels Theory of Justice ? Morris, T. , (1998), If Aristotle ran General Motors the new soul of business. New York Henry Holt and Company, LLC. ? Richard Kraut, Aristotle political philosophy, Oxford University press, 2002 ? Aristotle (384-322 BC) The Polis. Hammondsworth, 1991, Penguin 9An Analysis of Police Reforms1 COMPARATIVE JURISPRUDENCE PROJECT TOPICAn analysis of police reforms, in light of Aristotles theory of justice SUBMITTED TO PROF. AMITA DHANDA SUBMITTED BY DEEPINDER BAL ROLL NO. 11 LL. M I YEAR EMAIL- deepinder. email&160protected ac. in 1 Abstract In 1996, two former Director Generals of Police requested the Supreme Court to direct the central and the state governments to adopt a set of measures to address the most glaring gaps and bad pr actices in the functioning of the police. 2Given the gravity of the problem and the total uncertainty as to when police reforms would be introduced, the Supreme Court, on 22nd September, 2006, delivered a historic judgment where it considered that it could not further wait for governments to take suitable steps for police reforms and issued 7 directives for immediate compliance which were binding upon central and state governments, until they frame appropriate legislations. The researcher would like to relate the topic with Aristotles theory.Aristotles vision of a good civil society and the teleological theory can be related to the purpose of introduction of the police reforms viz. the judgment and the purpose of the implementation of the judgment. 2 Topic- An analysis of police reforms (In light of the judgment, Prakash Singh &038 others v. Union of India and others on 22, Sept, 2006) 3 The Government of India appointed a National Police Commission in 1977 to examine the role and p erformance of the Indian police as a law-enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution.The Commission submitted 8 reports in a span of 2 years, wherein it made various recommendations so as to redefine the role, duties, powers and responsibilities of the police. With the 8th report, it drafted a new Police Act incorporating certain essential recommendations, which were never implemented. In 1996, a petition was filed by 2 former Director Generals of Police, praying for the issue of directions to the Government of India to frame a new Police Act drafted by the Commission to ensure that the police is made accountable essentially and primarily to the law of the land and the people.As a part of my project research, I would like to examine the need of police reforms in India, the implications and implementation of the 2006 judgment of the Supreme Court (in response to the petition of 1996), in relation to the Aristotles theory of justice and his concept of a good civil society. India has established a vibrant democracy, where good governance and administration of justice to the citizens are essential attributes. The primary institution on which the state relies for the maintenance of law and order is the police.Policing is an essential public service and it is the duty of every state to provide its people with the best police service possible. The society perceives police to be the custodians of law and order who provide safety and security to all. Thus police personnel have a vital role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British model of colonial control, which was meant for its subjects and not for the free citizens of a democracy.Independence has changed the political system in India, but the police system is still governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with new legislation, which would be in tune with requirements of democratic policing. Aristotle in his theory states that the purpose of any organization is to from good citizens and to cultivate good character.We must recognize that the police is one of the most vital social institutions needed to construct a democratic society in which human rights and freedoms are respected and protected. He also stated that the end and purpose of a polis is the good life, and the institutions of social life are means to that end. 1 1 Who deserves what? , Michael sandels theory of justice. 3 A political community exists to promote a good life and this aim cannot be achieved without the support of an efficient social organization.So, the police service is a significant part of the socialization body and it seeks to enhance the democracy and the civility within the society. 4 The aim of the police force is to promote the welfare of society for which they must be equipped with the professional knowledge and the necessary powers for creating a social just environment for the citizens. Aristotle believes that it is possible to reason the purpose of social institutions. He reasons that the essential nature of the social institutions is not fixed once and for all.Policing is a dynamic process. It needs to be constantly reinvented in order to be effective. Civil society advocates for a variety of policy changes, new legislations all aimed towards public good. Law is needed both to help habituate citizens to virtuous actions and to help maintain the salutary habits they acquire. For Aristotle, the primary purpose of law is to cultivate the habits that lead to good character. Legislators make the citizens good by forming habits in them, and this is the wish of every legislator, and those who do not effect it miss their ark, and it is in this that a good Constitution differs from a bad one. 2 Presently, the police organisation is marked by aback of democratic functioning and adequate police direction. Police priorities are defined by, and changed according to, the will of the political executive. The manner is which political control has been exercised in India has led to gross abuses, resulting in the erosion of rule of law as well as political credibility. At present the laws governing the relationship between police and the political executive are not clear enough to prevent the blurring of boundaries.Over the course of time this lack of clarity has permitted all kinds of illegitimate interferences to seep into the police functioning and is one of the seminal causes for poor overall management of the police and the difficulty of fixing responsibility so as to achieve effective, unbiased and accountable performance. In a democracy, the police have to function as any other public service, which renders servi ces to the community and not as force. Aristotle has also made a distinction between rule of law and rule of force.The rule of law is a democratic rule for the benefit of the entire population (all citizens, the public or the nation as such), whereas the rule of force is an authoritarian, perverted and corrupted form of rule for the advantage of the ruler. 3 In relation to the above context, the Prime Minister, Dr. Manmohan Singh has observed, Today, police forces have to serve the interests of the people, not rulers. In a democratic framework as we are in today, there is need to have in the police forces a managerial philosophy, a value system and an ethos in tune with the times.I had 2 3 Richard Kraut, Aristotle political philosophy, Oxford University press, 2002. Aristotle (384-322 BC) The Polis. Hammondsworth, 1991, Penguin. 4 5 emphasized the need to ensure that the police forces at all levels change from a feudal force to a democratic service. The spirit of public service, of respect for the rights of individuals, of being just and humane in ones action must permeate the entire police force. 4 The Supreme Court too, reiterated the need of enforcing the rule of law in the police system with its verdict of the 2006 judgment5.The Court ordered that police reform must take place. The states and union territories were directed to comply with seven binding directives viz. to Constitute a State Security Commission, selection and minimum tenure of DGP, minimum tenure of IG of police and other officers, separation of Investigation, Constituting a Police Establishment Board, to constitute a Police Complaints Authority and to set up a National Security Commission, that would kick start reform. These directives pulled together the various strands of improvement generated since 1979.The Court required immediate implementation of its orders either through executive orders or new police legislation. According to me, the judgment of the Supreme Court though came after a decade of the filing of petition it served the dire necessity of the implementation of police reforms, which was never initiated by any of the state or the central government so far. According to Aristotelians theory of justice, every social practice or an institution is established for some purpose, end or aim. The aim of the police force as a social institution is to maintain law and order in a democratic society.If this purpose is not being achieved, the need for police reforms in keeping with the requirements of a modern, democratic state is self-evident. Aristotle has described his theory of justice as Justice is teleological- defining rights requires us to figure out the telos (the purpose, end, or essential nature) of the social practice in question. Justice is honorific- to reason about the telos of a practice- or to argue about it- is, at least in part, to reason or argue about what virtues it should honor and reward. 6 In any country, administration of justice is one of t he primary functions, which it seeks to promote.One of the ways through which this purpose could be achieved is to have a policing system, which is equipped with such adequate powers. Aristotle in his theory while discussing the concept of justice with regard to telos and honouring of virtues, stresses that you honour only those persons who help in achieving your purpose. 4 Prime Ministers address to the Annual conference of DGPs / IGPs of States and UTs October 6, 2005 New Delhi retrieved from http//pmindia. nic. in/speech/content. asp? id=207 5 Prakash Singh and others v. Union of India and others, Writ Petition (civil) 310 of 1996. 6 Supra, note 1. As according to Aristotle only virtuous people are honored, to imbibe that virtue in the police force, it is necessary that they should have such powers where they can function efficiently and effectively thus, imparting goodness in the society. 6 Aristotle says that essential nature is attributed to the social institutions so that the purpose or the telos can be achieved. Here, the police being still governed under the 1861 act have not been given the required powers through which they can achieve the purpose of policing. The crux of the police reform is to secure professional independence for the police to unction truly and efficiently as an impartial agent of the law of the land and at the same time, to enable the government to oversee the police performance to ensure its conformity to law. The need of law enforcement is to maintain peace, enforce the laws of the land, protect the people from criminals, and to help ensure the safety of the citizens. The corruption in political system and political leaders has made the Indian police toothless so far doing their duties is concerned. If the police have no powers, it cannot function to provide a safe and secure environment for its citizens.Coupled with undue political interference police functioning is plagued by the lack of policy directions and absence of any fo rmal performance evaluation framework. The most glaring examples of illegitimate political interference affecting police work is evident in cases of communal riots and other disturbances. Public order is a critical necessity for progress. An unruly society would be a recipe for economic disaster. With the implementation of the police reforms the quality of life of the citizen, which is in great measure dependent upon the maintenance of public and police order will improve.Aristotle also states that at his best man is the noblest of all animals, separated from law and justice he is the worst. 7 Even after 6 years of the judgment have elapsed, no effective steps have been taken by a majority of states to incorporate the directives issued by the Supreme Court. None of the directions to professionalize the police force, to prevent arbitrary transfer of officers and introduction of transparency in the system have been implemented. The criminalization of Indian politics has eroded the aut hority of the police leadership and consequently the discipline of the force.Aristotles way of reasoning from the purpose of a good to the proper allocation of the good is an instance of teleological reasoning. Aristotle claims that in order to determine the just distribution of a good, we have to inquire into the telos, or purpose, of the good being distributed. The distribution of good that Aristotle talks about, in my case is equivalent to the distribution of powers in a democratic society. If we look into the purpose of power being distributed it should be in the hands of those who would best utilise the power and help in the achievement of a purpose, which is the administration of justice. And 7 Supra, note 3. 7 since police is a medium achieving the justice, they should be given proper powers in order to achieve the telos. Aristotle had said, It is in justice that ordering of society is centered. The justice system in many ways is the bedrock of a democratic society since it u pholds the rule of law, which is the fundamental feature of a true democracy. Our laws have to be sensitive to the changes in social structure and social philosophy, a reflection of contemporary social consciousness and a mirror of our values as a civilization. Thus, non-accessibility of justice results in the erosion of rule of law as well as police credibility. For Aristotle, justice means giving people what they deserve, giving each person his or her due. It involves two factors things, and the persons to whom things are assigned. 9 As far as the implementation of the judgment is concerned, the court stressed the need for a buffer body between the police and the politicians, which will accord functional autonomy to the police even as they are supervised by the political executive. As a result the relationship between the police and politician will loose its present character of unfettered discretion and illegitimate interference.The non-seriousness in the approach of the state go vernments in abiding with the directives issued by the Supreme Court, destroy the very basis of a judicial mechanism. The purpose of the judgment was to provide a professional and a wellequipped police system, which can efficiently manage the democratic society. The lack of political will in implementing this reform is symptomatic of a larger malice in the system, whereby the politician is reluctant to let go off his control over the police and law enforcement agencies.The alacrity with which thousands of northeast Indians fled Maharashtra and Karnataka recently has once again underscored the complete lack of the faith of the common man in the law and order machinery. It is yet another reminder that more than anything else a multi cultural and multi ethnic society like India needs an a political, professional police force and an efficient judicial system that will serve the rule of law without fear or favour. It is absence of such a vital mechanism that is at the heart of the unchec ked crimes, poor conviction rate and the general lack of faith in the law and order system that we see in India today.The police force is highly politicised and corrupt and more than anything else, it is the absence of strict enforcement of law and swift justice that is at the heart of the breakdown that we face today. Aristotles concept of a good civil society where he talks about the law of the polis inculcating good habits and thus forming a good character sets us on the way to civic virtue. This virtue can be achieved with the implementation of the police reforms in the society. 8 9 Supra, note 3. Supra, note 1. 7 8 The quality of the justice system in the country, to a larger extent depends upon the working of a police force.Thus, having regard to larger public interest, it is absolutely necessary to issue the requisite directions. 8 Bibliography 9 ? Aristotle, Nicomachean ethics. Indianapolis Bobbs-Merrill, 1962 ? Who deserves what? , from Michael Sandels Theory of Justice ? M orris, T. , (1998), If Aristotle ran General Motors the new soul of business. New York Henry Holt and Company, LLC. ? Richard Kraut, Aristotle political philosophy, Oxford University press, 2002 ? Aristotle (384-322 BC) The Polis. Hammondsworth, 1991, Penguin 9