Critical Analysis of Organized Crimes in India

Introduction:

Organized Crimes are planned evil, cruel, or violent acts carried out by large and powerful groups most commonly for monetary profit. In India, it is often seen that such groups are politically motivated. The most common example of Organised crime is Prostitution, Gambling, illegal Narcotics Distribution, Human Trafficking, Kidnapping, Extortion, Bank Robbery, Blackmailing, illegal Sale or Distribution Of Firearms. In this article, we will be discussing all these crimes in detail.    

What are Organized Crimes?

Crime is fuelling corruption, infiltrating business and politics, and hindering development. Organized crime is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. Today’s universe of organized criminal activities and the individuals, groups, and networks involved in them appear to be virtually infinite. Organized criminal operations range from illegal protection and extortion rackets to the trafficking and/or smuggling of illicit drugs, humans, firearms, and wildlife, cybercrime, oil theft, money laundering, counterfeiting, and maritime piracy (Costa, 2010; UNODC, 2010).

The people who plan, steer, and implement these operations varyingly include mafia bosses, drug kingpins, paramilitary and insurgent commanders, warlords and gang leaders—but also politicians, military and police officers, civil servants, investment bankers, cargo ship captains, and accountants, among representatives of many other professions. In 2009, UNODC estimated that transnational organized crime generated $870 billion, the equivalent of 1.5% of global gross domestic product (GDP) (UNODC, n.d.). Organized crime and illicit markets are commonly associated with violence and political instability

Prostitution

Prostitution for business is illegal. The business of prostitution is an organized crime. Many young girls and women are forced into prostitution for monetary gains. Recently, Maharashtra’s special court invoked a stringent provision of the Maharashtra Control of Organised Crime Act against Kalyani alias Jayashree Deshpande^[1], an alleged sex racket operator. The case was a file under the Prevention of Immoral Traffic Act. PITA is a code in itself and criminal offenses under it are tried in a dedicated Court for its enactment. According to a BBC report BBC, men as prostitutes are emerging at a great pace in India, they are termed as GIGOLO. In India Prostitution is legal with certain restrictions.

Section 372 and 373 of the Indian Penal Code criminalize child prostitution. Section 366A, 366B, and 370A punish the procreation of minor girls as prostitutes and importation of girls from foreign. Under IPC laws are quite limited and inadequate.

Gambling

Recently, Police in Maharashtra raided a gambling den in the Kolhapur district. Under the garb of gambling, the accused was aiding an Organised Crime Syndicate. Gambling in India is restricted to certain activities like lotteries and horse race betting. Online gambling in casinos is legalized in Goa, Daman, and Sikkim. The Gaming Act,1868 regulates gambling in India. As observed in Mahalakshmi Cultural Association, rep. by its Secretary vs. The Director, Inspector General of Police, State of Tamil Nadu, Chennai, and others in 2012^[2], rummy is permitted. Under section 4 of the act criminalizes working at a place where gambling is going on.

Narcotics Distribution

India has become the hub of illicit narcotics distribution. A surge in the sale and seizure of opioids like tramadol and designer drugs like methamphetamine can be seen. The Government of India has taken much legislation to punish narcotics traffickers, The Narcotics Drugs and Psychotropic Substances Act,1985 provides a minimum punishment of 10 years extendable to 15 years with some fine. Application of Narcotics traffickers under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and notification of certain chemicals like acetic anhydride as a ‘Specified Items’ under Customs Act, 1962 is enshrined in the Constitution. The creation of the Narcotics Control Bureau as an apex coordinating and enforcement agency at the national level is one of the prominent administrative measures taken by the Government.

Human Trafficking

India has always been a center of origin and destination for human trafficking, especially of women and children. Illiterate, innocent, and gullible persons from underdeveloped countries in the urge of making money from overseas employment fall easy prey to unscrupulous and unauthorized agents. India has sufficient legislation to deal with such Organised Crime. Immoral Traffic (Prevention) Act, 1986. The National Commission for Women has the power under Section 10(4) of the National Commission of Women Act,1992^[3] to review laws and conduct inquiries related to the matter. For emigration of citizens was consolidated under The Emigration Act, 1983. The Act prohibits a recruiting agent to commence or carry on

the business of recruitment except under, and following, a certificate issued on that behalf by the Prosecutor-General of Emigrants. It prohibits an employer to recruit any citizen outside India for work except a recruitment agent competent under the Act. The act provides a punishment of imprisonment of two years and a fine that can extend to two thousand.

Kidnapping

Kidnapping is a criminal offense under Section 359-374 of the Indian Penal Code, 1860.  Kidnapping for ransom by any criminal organization is an organized crime. As per section 359 of the Indian Penal Code, there are two types of Kidnapping -:

• Kidnapping from India
• Kidnapping from a lawful guardian

Indian laws prohibit kidnapping but more than 100000 cases of kidnapping have come up in India. Mostly criminal organizations target minors and use them for the execution of illegal activities or child labor. According to section 363 of the Indian Penal Code punishment for such activities is imprisonment that can be extended to seven years and a fine. Imprisonment can be simple or rigorous. In simple punishment, the prisoner is idle and is not required to do any labor. In rigorous punishment, it is required that prisoners engage in hard labor.

Extortion

Extortion is obtaining benefit from another person using force, threat, and violence. Extortion racketeering is done by organized criminal groups not only for the illegal sale of goods and services but also to create a criminal monopoly by extorting those who can provide illegal goods. The conditions for the existence of extortion are vulnerable targets, inefficient Social control, and motivated criminal groups.

Under section 384 of the Indian Penal Code^[4] extortion is criminalized and punishment is prescribed for 3 years of imprisonment or fine or both. Under section 386, the imprisonment can be extended to 10 years if extortion is committed through putting a person in fear of imminent threat to his life or severe hurt.

Bank Robbery

Bank robbery has increased by 65% in the last five years. In the year 2017-18, the highest no. of cases were reported by Bandhan Bank. In terms of monetary loss, Axis Bank suffered the maximum financial loss at ₹11.99 lakh. On December 15, 2020, four armed robbers held bank staff hostage, looting 57 lakhs in Agra. The laws in India are not that strictly followed for such offenses. Section 392 of the Indian Penal Code^[5] prescribed punishment for robbery, it states that robbers should be given rigorous punishment which may extend to 10 years of imprisonment and fine or both.

Blackmailing

Blackmailing amounts to a criminal offense under Section 503 of the Indian Penal Code^[6]. Blackmailing is an act of coercion using deterrence of revealing some credentials about a person if certain demands are not met. In this case, we can sue a blackmailer for Defamation Act, 2013.  This offense is normally carried out for power, property, and possession. The offense of criminal intimidation is punishable with imprisonment of a prescribed term or can be extended to two years or a fine or both. Nowadays, webcam blackmailing is the most prevalent method to extort any money or information.

Illegal Sale or Distribution of Firearms

About 90% of illegal firearms in India are manufactured in Munger in Bihar and Khargone district in Madhya Pradesh. The occupation is morphed into a full-fledged illegal business involving many residents in the work. There are intermediaries present in every state. The weapons are brought into Delhi and given to these intermediaries. Then the firearms are transported to Organised criminal gangs. Bulk consignments are coming into hidden cavities like cars and transported to Delhi. They are difficult to trace by cursory checks. There are 0.3 gun homicides per 100000 people in India. Out of this, 90% are done by illegal guns.

According to the Small Arms Survey, there are 6,14, 01000 illegal firearms in India. Indian laws are divided into two parts, Prohibited Bore, and Non-Prohibited Bore. Prohibited Bore includes fully automatic, semi-automatic firearms and some special types of firearms that can be issued to some special type of groups by the central government. Non-Prohibited Bore includes all remaining types of guns that can be issued to citizens by state or central government. Open carrying of firearms is restricted in India. All firearms must be carried in a specially designed holster.

Conclusion

Organized crime has come up as a very serious threat to society. The illegal wealth generated by Organised crime is very huge and is extremely harmful to our society. The existing legal framework seems to be inadequate to curb such activities. The organized criminal syndicate make a common cause with the gangsters and foster terrorism beyond the boundaries. The government needs to chalk out some plan to stop the menace of organized crime in the country.   

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References:

^[1] “Cops slap MCOCA charges against Kalyani Deshpande.” 23 Oct. 2016, https://punemirror.indiatimes.com/pune/civic/cops-slap-mcoca-charges-against-kalyani-deshpande/articleshow/55003672.cms. Accessed 11 Jan. 2021.

^[2] “The Director General Of Police vs Mahalakshmi Cultural … on ….” 22 Mar. 2012, https://indiankanoon.org/doc/61898553/. Accessed 11 Jan. 2021.

^[3] “Section 10 in The National Commission for Women Act, 1990.” https://indiankanoon.org/doc/21660685/. Accessed 11 Jan. 2021.

^[4] “Section 384 in The Indian Penal Code – Indian Kanoon.” https://indiankanoon.org/doc/1944660/. Accessed 11 Jan. 2021.

^[5] “Section 392 in The Indian Penal Code – Indian Kanoon.” https://indiankanoon.org/doc/329571/. Accessed 11 Jan. 2021.

^[6] “Section 503 in The Indian Penal Code – Indian Kanoon.” https://indiankanoon.org/doc/878688/. Accessed 11 Jan. 2021.

Other Sources:

1. Sardar Vallabhbhai Patel National Police Academy Hyderabad, “ORGANISED CRIME IN INDIA.” ORGANISED CRIME IN INDIA, no. ., 1999, p. 144. https://www.svpnpa.gov.in/images/npa/pdfs/CompletedResearchProject/22_organizedcrimeindia.pdf, https://www.svpnpa.gov.in/images/npa/pdfs/CompletedResearchProject/22_organizedcrimeindia.pdf.
2. “Organized crimes in INDIA.” LEGAL SERVICE INDIA, http://www.legalserviceindia.com/legal/article-3751-organised-crimes-in-india.html.
3. Sardar Vallabhbhai Patel National Police Academy Hyderabad, “ORGANISED CRIME IN INDIA.” ORGANISED CRIME IN INDIA, no. ., 1999, p. 144. https://www.svpnpa.gov.in/images/npa/pdfs/CompletedResearchProject/22_organizedcrimeindia.pdf.
4. Thornton, Robert Y. “ORGANISED CRIME IN THE FIELD OF PROSTITUTION.” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY, vol. 46, no. 6, 1956, p. 6. SCHOLARLY COMMONS LAW, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4440&context=jclc.