|VOLUME 2|ISSUE 1|JULY 2018|ISSN: 2581-3595|
ORGANIZED CRIME IN INDIA
AUTHORED BY: MRS. SURESH KUMARI, ASSISTANT PROFESSOR (LAW) AT HIMCAPES' COLLEGE OF LAW.
Organized crime the product of a self-perpetuating criminal conspiracy involving the ruthless exploitation of the social, political and economic institutions of the society .The phenomenon thrives on muscles power and corruption, fear caused by muscle power and corruption and by the illegal money generated by the organized crime itself. Organized crimes have been in existence for centuries in almost every society. Criminal organize themselves into formal or informal groups to carry on their illegal organization the professional criminals organized themselves into criminal gage /games to carry their anti-social activities’ with skill and efficiency for profit making.
Commenting on organized crimes Donald Taft observed that” The organized of criminal introduced in the field of crime those factors of leadership group- discipline, obedience and loyalty division of labor ,fellowship ,sacrifice ,co- operation and group planning which spell efficiency in the normal ,economic ,political and social life “ most criminal organized themselves into criminal groups with a view to specializing in their trait and accept a particular crime as their occupations.
Edwin Southerland rightly observes that there is at least one thing common among criminal organization .That is they are bound together by a common hostility toward law and therefore ,the member assist and protest each other law enforcing authority.(2)
LINKAGE OF ORGANIZED CRIME WITH TERRORISM:-
The problems of organized crime and terrorism were considered as separate phenomenal but after horrified incident of sep.11th 2015 attach, research have started linking these two as terrorized occurrences various debates and reminder evolving theater of transnational organized crime or terrorism ,but important links between the two were hardly made. It was due to the fact that organized crime and terrorism are typically viewed as two different forms of crimes because the main objective or organized crime is to gain economic profit while terrorism is an act that is motivated by ideological aims and desire for political change by the use of violence in the form of hijacking, bombing and other criminal acts. (3)
CHARACTERISTICS OF ORGANIZED CRIME:-
Organized crime is considered to be changing and flexible phenomenon.
Some criminal organization, sucks as terrorist groups are politically motivated.
Many of the benefits of globalization such as easier and faster communication movement of finance and international travel, have also created opportunism for transnational organized criminal groups to flourish diversify and expand their activities.
Traditional ,territorial based criminal groups have evolved or have been partially
Replaced by smaller and more flexible networks with branches, across several jurisdiction.
In the course of investigation victims, suspects, organized criminal groups and proceeds of crime may be located in many states.
Moreover, organized crime affects all states, weather as countries of supply transit or countries of supply transit or demand. (4)
The Maharashtra control of organized crime (MOC) at 1999 defines organized crime as any continuing unlawful activity by an individual singly, jointly ,thesis as , member of an organized crime syndicate or on behalf of such syndicate by use of violence or threat of violence economic or other advantage for himself or any other person promoting insurgency.
Within such a wide range of definitions of organized crime under various penal statutes nations some of the attributes/ indicators that the common can be derived to clarify the essential contours of the phenomenon.
CONTINUITY: – The criminal group operates beyond the lifetime of the individual members and is structures to survive changes in leadership.
STRUCTURE: – the criminal group is structured as a collection of hierarchically arrange inter dependent offices devoted to the accomplishment of a particular functions .It may be highly structured or may be rather fluid. It is however, distinguished as the rank are based on power and authority.
MEMBERSHIP: – Rules of membership include secrecy, a willingness to commit any act for the group and intent to protect the group. In return for loyalty the member receive economic benefits certain prestige and protection from law enforcement agencies.
CRIMINALITY: – Some activities such as supplying illegal crimes and services directly produce revenue while others including murder insinuation and burglary contribute to the group’s ability to earn money and enhance its power the criminal groups may be involved both the legitimate as well as illegitimate business activities at the same time.
VIOLENCE: – Violence may be manifested in social gathering such as marriage party’s act. And may include damage to property or assault on person or rebels acts such as firing in the air or driving at high speed in crowed places etc. The intention has, to establish an atmosphere of fear in the large community.
INTIMIDATION:- People are threatened to stay away from lawful deals relating to sale or purchase or property and govt. official are threatened in order to secure certain ends though there is often also experienced to secure compromise or settlement in inter and intra gang disputes.
PUBLIC DISORDER: – This includes display of power by gangs .Functions organized by rivals are distributed. The public at large is harassed with impunity and without any consideration or legal sanctions.
MONOPOLIZING CERTAIN TRADE: – When criminal gangs are involved in legitimate activities they try to established monopolies through muscle power. For example:- rail contract in important railway centers labor contract individual town and transport contracts in areas of high trading activity.
CORRUPTION: – It is one of the important instruments used by criminal gang’s .Subversion of enforcement official’s important indicators of the effectiveness of organized criminal activities .Corruption at higher levels immensely enrages and strengthens criminal syndicate.
PROTECTORS: – They are corrupt public officials, attorneys and business who individual or collectively protect the criminal group through abuses of status and privilege, collusion and violations of law. As result of the protector’s efforts, the criminal group is insulated from both civil and criminal Govt, actions. Corruption is the central tool of the criminal protector’s .A criminal groups relies on network of corrupt officials to protect the group from the criminal justice system. (5)
TYPE OF ORGANIZED CRIME:-
ORGANIZED GANG CRIMINALITY: – A few criminal join together into a gang and carry on criminal activities as a joint venture. The gangs of dacoits, kidnappers and smuggler’s and pickpocket operate almost everywhere carrying out their organized criminal activities as professionals venture.
The govt. of India introduced an Act called the unlawful activities ( presentation) Act 1967 to ban any association or group of persons which carries on unlawful activities treating national integrity and security of India.(6)
The state of Utter Pradesh most popular and politically most powerful in acted Utter Pradesh Gangsters and Anti-social activities (preventions) Act, 1986 which is applicable in the state only (7) the mafia is involved in many crimes activities based in India and International as well as the Indian mafia also refers to those powerful families that have criminal aspect to them. (8)
Category of organized crime in India – Ali Budesh ,gang wars between chota Rajan and Dawood Ibrahaim,Haj mastan, kala kaccha gang, Abu Salem , timber Mafia , Mafia Raj.(9)
RACKETEERING: – In the present competitive economy the individual business as well as the labor of unions frequently depends on criminal rackets for improving their bargaining capacity. Some of major rackets which commonly operate may be mentioned here:
BUSINESS LABOUR RACKET: – The employs always try to make huge profit whereas the labour wants high wages. Thus the interest of these two classes often leads to a conflict in pursuit of their desired ends. The employers resort to illegitimate means by utilizing unorganized workers and racketeers to je operating the bargaining capacity of the labour thus grabbing huge profits for themselves .Such rackets frequently operate in the Engineering Department of the Railways and Public works department of the states of the employs a large number of workers as work charge labour.
GAMBLING RACKET: – There is another type of racket operating as gambling racket.in shape of organized crime .Tendency of the people to take chance and try their luck coupled with the hope of gaining something out of nothing is perhaps the main consideration which underlines and ball games are some of the common forms of gambling in which organized racketeering often flourishing.
OTHER CRIMINAL RACKETS:- The racket on illegal sale of alcohol and abortion illegal service to the underworld criminal fraudulent reports and testimony in accident and similar such activities work in in close liaison with person engaged pin medical profession with the motive of earning huge profit.
Likewise, rackets selling fake degrees and mark-sheet to needy persons are operating in several part of India obviously they carry on their illegal activities in liaison with some of the university employees who assist them in procuring information and material for the purpose. Criminal rackets involved in flesh trade and sale of women and girls for the purpose of prostitution are common news items in newspaper to be read almost every day. Despite stringent legal measures such as the Immoral Traffic (Prevention) Act, 1995 and provision of the Indian Penal code the repression of prostitution has not been possible.
CRIME SYNDICATE: – The term “crime Syndicate” refers to a gang of criminal engaged in the business of providing some forbidden or legal service to the customs that are desirous of having it and we are willing to pay handsomely for the service. Crime syndicate operates because of the availability of market for certain illegal prohibited services. Thus gambling bootleg gal commercial intoxicants etc. are mostly carried on by the syndicate of criminal obviously these crime syndicate exist because the illegitimate public demands which cannot otherwise be legally met due to illegal prohibitions. (10)
The leaders syndicate crime process all the visible signs respectability in such society and ordinarily they operate without resorting to violence .The “ bosses’ generally functions behind the scenes from their will appointed headquarter and that makes from somewhat immune from the enforcement authorities .giving rise to parallel economy, black money and violence, this variety of organized crime has the greatest potentiality of damages the social ,economic, political and moral fabric of the society. The worst aspect of the problem is that the money generated through illegal means is invested in legitimate business enterprises.
CONCLUSION: – Organized crime inn India is stratified organized and administered as any other co-operate office, in legal business world. In India organized crime is committed to seeking protection money, contract killing, boot legging, gambling, prostitution and smuggling and drug- trafficking, illicit arms trading, money laundering transporting illegitimate activities based.
Essentially on its readiness to use physical force and violence. By corrupting public officials and thereby monopolizing or near monopolizing organized crime aims to secure for itself power later, the money and power it creates are used to infiltrate legitimate business and several other related activities organized crime has been committed in India since earlier time in some former another modern times due to several socio- economic and politically factors and progressive in science and technology. In India there is no broad law to control organized crime in all its dimensions and manifestations, there is substantive law regarding criminal scheme.
FOOTNOTES AND REFERENCES:-
(1) Ahmad sddique criminogy. P 433 Eastern book company fifth edition ,2005.
(2) Aliva Manjari: Research paper on organized crimes in India.WWW shareyouressays.Com.
(3) Civil service India,www.civilsenviceinindia.com.
(4) Organized crimes in India: an overview,blog forumias.com updated Dec.19, 2017.
(5) Sumita Sarkar Arvind Tiwari:cobating organized crime .A case study of Mubaircity http//www.Satp.org/satporgth/publication/faultiness/volume 12.
(6) Supra Not-2
(7) Supra Note-4
(8) Organized Crime in India,wickipedia,http;//en.m.wikipedia.org.
(9) Category; organized crime in India,https://en.m .wikipedia .org/
(10) Supra –Note-2.
(11) supra –Note-1 ,p 438.