Article - Priyank - Organized Crime in India
Article - Priyank - Organized Crime in India
Article - Priyank - Organized Crime in India
Submitted By:
Priyank Kothari
(IFSHSAT141607)
Semester -1
MSc. Homeland Security & Anti-Terrorism
GFSU, Gandhinagar.
Introduction
Organized crime, organised crime, and often criminal organizations are terms which
categorise transnational, national, or local groupings of highly centralized enterprises run by
criminals, who intend to engage in illegal activity, most commonly for monetary profit. Some
criminal organizations, such as terrorist organizations, are politically motivated. Sometimes
criminal organizations force people to do business with them, as when a gang extorts money
from shopkeepers for so-called "protection". Gangs may become disciplined enough to be
considered organized. An organized gang or criminal set can also be referred to as a mob.
Organised crime group structures vary. Successful organised crime groups often consist
of a durable core of key individuals. Around them, theres a cluster of subordinates, specialists,
and other more transient members, plus an extended network of disposable associates.
Many groups are in practice loose networks of criminals that come together for the
duration of a criminal activity, acting in different roles depending on their skills and expertise.
Collaboration is reinforced by shared experiences (such as prison), or recommendation from
trusted individuals. Others are bonded by family or ethnic ties some crime families are
precisely that.
Organised criminals make use of specialists who provide a service, sometimes to a
range of crime gangs. Services include transport, money laundering, debt enforcement, or the
provision of false documentation (identity crime underpins a wide variety of organised
criminal).
In Indias northeast, almost all the militant groups run a parallel government or have
their areas of influence and are involved in collecting money directly from the people. Much
of the government funds reach the militants indirectly due to misgovernance. Government
officials in conflict zones are either threatened or bribed to award contracts to individuals
patronized by the militant groups. Contracts apart, essential commodities like rice and kerosene
reach the militant groups directly which are then sold to the public at much higher prices. This
cycle, though unnoticed in other parts of India, is a clear example of the linkage between
organized crime and terrorism inside India.
Extortion, kidnap, contracts and black marketing still fall short of financing the
nefarious activities of the militants. This is where transnational drugs and arms syndicates come
into play. Terrorist organizations in India, especially in the northeast, mobilize funds by
becoming couriers of illegal drugs and arms and at times even human beings from one point to
another within the country. Some of the infamous entry points from Southeast Asia include
Moreh and the entire Chittagong Hill tracts, especially Coxs Bazaar. Initially, international
criminal syndicates had their own network; however, with these routes being taken over by
various terrorist groups in the north eastern states, the syndicates started using these groups
instead of bribing them to let their consignments get through.
In Kashmir, the linkages between terrorists and organized crime exist at a different
level. Unlike the northeast, reliance on funds from extortion and other related means is
minimal. There is no parallel government in Kashmir and government resources do not reach
militant hands. However, external funds compensate for inadequate internal mobilization.
External funds reach the militant organizations fighting in Kashmir thorough various means.
For instance, enormous funds that are mobilized in Pakistan and other Muslim countries,
especially in the Gulf, are channelled through various organizations in Pakistan to Kashmir.
Markaz dawa al Arshad, for example, mobilizes funds from inside and outside Pakistan, to
support its militant wing, Lashkar-e-Toiba. Besides, external funds are also routed through
select organizations and individuals in Kashmir, which finally reach the militants. Money
laundering plays a significant role. Hawala (money laundering) transactions take place swiftly
and effectively in Kashmir. Besides, it is also believed that the ISI uses drug money to fund
militant activities in Kashmir.
Another significant relationship between organized crime and terrorism, especially in
Kashmir, is through the spread of counterfeit currency. Terrorists are the main couriers of
Indian counterfeit currency inside Kashmir, which then spreads all over India. Even guides for
the militants from across the border are paid with counterfeit money. In fact, when some of the
indigenous militants were also paid with counterfeits, it resulted in squabble between them
and the so-called guest militants.
Besides Kashmir and the northeast, sporadic incidents in other parts of India like the
Bombay blasts, for instance, have exposed the connection between terrorism and organized
crime. This is distinct from the traditional linkages flourishing between organized crime
syndicates and local criminals (TOC in India).
In other words, if five or more persons commit the offence of robbery, they commit
dacoity. Dacoity is punishable with imprisonment for life or rigorous imprisonment up to 10
years and five months (section 395).
a) Criminalists preparation to commit dacoity (section 399)
b) Assembly for the purpose of committing dacoity (section 402).
c) Section 400 of the Code criminalizes the act of belonging to a gang of persons associated
for the purpose of habitually committing dacoities.
d) Kidnapping for ransom, the parliament inserted Section 364-A in the India Penal.
Law on Gangsters
There is no central legislation to suppress gang activity having countrywide
applicability. The State of Uttar Pradesh, most populous and politically most powerful in
enacted Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act,1986, which is
applicable in that State only.
The gang has been defined as a group of persons, who, singly or collectively, indulge
in anti-national activities by violence or threat of violence for gaining undue political,
economic or physical advantages and includes, offences against the body, boot legging, forcible
possession of immovable property, creating communal disturbances, obstructing public
servants in the discharge of their duties, kidnapping for ransom, diverting an aircraft or public
transport vehicle from its schedule path, etc.
A gangster is punishable with minimum imprisonment of two years extendable up to
10 years (sec. 3). The rules of evidence have been modified and certain statutory presumptions
can be raised against the gangsters by the trial court. Provision has also been made for the
protection of witnesses. The trial may be held in-camera on the request of public prosecutor.
The name and address of a witness can be omitted in the court records, if the Court so desires.
The property of the gangster can be attached by the District Magistrate if satisfied that it was
acquired through criminal activity. This Act has a wide canvass and purports to cover large
areas of organized criminal activity.
Other Laws
There are several other central statutes which deal with specific facets of organized crime.
Some of them are:
a) The Customs Act,
g) Besides, the State Government has also legislated on subjects like excise, Prohibition
Preventive Action
The National Security Act 1980 provides for preventive detention by the Central
Government or the State Government or by the officers designated by this Government. The
detention order is issued for one year with a view to preventing a person from acting in any
manner prejudicial to the defence of India or to the friendly relations with foreign powers. The
detention has to be approved by an Advisory Board headed by a serving High Court judge. The
expression security of India is open to liberal interpretation and this Act has been used, though
sparingly, against anti-national elements and hard core gangsters. Detention is an executive
action and the case does not go to the court for trial. The illicit trafficking in narcotic drugs and
psychotropic substances poses a serious threat to the health and welfare of the people and the
activities of persons engaged in such illicit traffic have a destabilizing effect on the national
economy. The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act
1988, provides for detention of such persons. The Central Government or the State Government
or designated officers of these Government, can pass an order for detaining a person with a
view to preventing him from engaging in illicit traffic in narcotic drugs. The detention can be
made for one year but in certain circumstances it is extendable to two years. Thus, India has
laws scattered in various statutes to deal with various facets of organized crime. The existing
laws, however, drastically fall short of the requirements to curb the menace. The Government
of India is conscious of this and has drafted the Organized Crime Control Act.
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level. Some of these syndicates also have international linkages, including with the foreign
intelligence agencies. In certain States like Bihar, Haryana and Uttar Pradesh, these gangs
enjoy the patronage of local level politicians cutting across party lines
Dual Criminality
The crime syndicates do not respect national boundaries. Certain crimes, particularly
drug trafficking, are planned in one part of the world and executed in another. Criminals also
move fast from one part of the globe to another. Different nations have different legal
structures. A certain act may be crime in one country but not in another. To illustrate, money
laundering is crime in USA and several European countries but not in India.
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India has a vast coast line of about 7,500 kms and open borders with Nepal and Bhutan
and is prone to large scale smuggling of contraband and other consumable items. Though it is
not possible to quantify the value of contraband goods smuggled into this country, it is possible
to have some idea of the extent of smuggling from the value of contraband seized, even though
they may constitute a very small proportion of the actual smuggling.
3) Money Laundering & Hawala
Money laundering means conversion of illegal and ill-gotten money into seemingly
legal money so that it can be integrated into the legitimate economy. Proceeds of drug related
crimes are an important source of money laundering world over. Besides, tax evasion and
violation of exchange regulations play an important role in merging this ill-gotten money with
tax evaded income so as to obscure its origin. This aim is generally achieved via the intricate
steps of placement, layering and integration so that the money so integrated in the legitimate
economy can be freely used by the offenders without any fear of detection. Money laundering
poses a serious threat world over, not only to the only to the criminal justice systems of the
countries but also to their sovereignty
4) Terrorism & Narco -Terrorism
Terrorism is a serious problem which India is facing. Conceptually, terrorism does not
fall in the category of organised crime, as the dominant motive behind terrorism is political
and/or ideological and not the acquisition of money-power. The Indian experience, however,
shows that the criminals are perpetrating all kinds of crimes, such as killings, rapes,
kidnappings, gun-running and drug trafficking, under the umbrella of terrorist organisations.
5) Contract Killings
The offence of murder is punishable under section 302 IPC by life imprisonment or death
sentence. Conviction rate in murder cases is about 38%. The chance of detection in contract
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killings is quite low. The method adopted in contract killings is by engaging a professional
gang for a monetary consideration.
6) Kidnapping for Ransom
Kidnapping for ransom is a highly organised crime in urban conglomerates. There are
several local as well as inter-State gangs involved in it as the financial rewards are immense
vis-a-vis the labour and risk involved.
7) Illegal Immigration
A large number of Indians are working abroad, particularly in the Gulf region. Young
people want to move to foreign countries for lucrative jobs. Large scale migration is fostered
by the high rate of unemployment in the country and higher wage levels in foreign lands. As it
is not easy for the aspirants to obtain valid travel documents and jobs abroad, they fall into the
trap of unscrupulous travel agents and employment agencies.
8) Prostitution
Trading in sex and girl-running is a very profitable business in which the underworld
plays an important part. Flesh trade has been flourishing in India in various places and in
different forms. The underworld is closely connected with brothels and call girl rackets, making
plenty of money through this activity. They supply young girls to brothels in different parts of
the country, shuttling them to and from the city to minimise the risk of their being rescued.
According to a study conducted by the Indian Health Organisation, there are over 1,000,000
prostitutes in Bombay and an equal number in Calcutta. Delhi and Pune have an estimated
40,000 each.
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Conclusion
Organised crime is first of all a domestic problem and, when unchecked, it assumes a
transnational character. Organised crime succeeds so long as nations permit it to succeed. The
first and foremost step in our control efforts should be to keep incident or ordinary crime
within reasonable bounds by keeping criminal elements under relentless law-enforcement
pressure. If we succeed in this effort, we would have obviated or at least diminished the
possibility of unattached criminal networks and the phenomenon of organised crime.
Organised crime, depending upon its intensity, spread and dimensions, must be
combated by a deft mix of strengthening of criminal laws and criminal justice system;
institutionalising a national and State level co-ordinating mechanism and involving the mass
media in control efforts.
Law enforcement, however efficient, cannot succeed by itself without strong political
commitment. This pre-supposes exclusion of criminal elements and their political sympathisers
from elected public offices.
As organised crime is for the acquisition of money power, it is imperative that the flow
of money to organised criminal groups is dried up through stringent legislative and enforcement
action. A democracy has inherent infirmities which manifest themselves in the functioning of
criminal justice agencies.
Despite best efforts, domestic crime is likely to spill into the international arena and
often does. Hence, the need for international co-operation in suppressing it in the form of
expeditious extradition of fugitive criminals, deportation of undesirable aliens; mutual legal
assistance in investigations and prosecutions and speedy execution of Red Corner notices
issued by Interpol. Further, the international community must put their heads together to
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harmonise extradition and deportation laws and to narrow the scope of political offences in
extradition laws and the Interpol charter.
The fight against organised transnational crime is a formidable task, but heightened
public consciousness, increasing governmental concern and mutually dependent interests of
the international community do give us a ray of hope.
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References
Chandaran, D. (2003). TOC in India. Institute of Peace & Conflict Studies -. Retrieved 25
November 2014, from http://www.ipcs.org/article/india/terrorism-and-organized-crime-inindia-973.html