Description
Introduction
Organised
crime refers to illegal activities conducted by structured groups that aim for
financial gain. These groups often operate with a clear hierarchy, using
intimidation, corruption, and violence to achieve their goals.
Organised
crime poses a significant challenge to society and governance. It operates
through structured networks engaging in illegal activities to achieve economic
benefits, often undermining national security and the rule of law.
Types of Organised Crime
- Smuggling: The illegal
movement of goods like gold, electronics, or essential commodities across
borders.
- Drug
Trafficking: The trade of illegal drugs, with Punjab
being a hotspot in India.
- Human
Trafficking: Involves forced labor, sexual
exploitation, and child trafficking, especially in border regions.
- Money
Laundering: Disguising illegal money as legitimate
income, often through shell companies.
- Arms
Trafficking: The illegal distribution of firearms,
which fuels violence.
- Cybercrime: Includes
hacking, phishing, and financial fraud, increasingly relevant in the
digital age.
Global Perspective
Organised
crime is a worldwide issue, with groups like the Mafia in Italy, the Triads in
China, and drug cartels in Latin America influencing global systems.
Cross-border operations make combating these crimes complex and challenging.
Examples of Organised Crime in India
- D-Company: Infamous
for smuggling, extortion, and terrorism-related activities.
- Drug
Trafficking: The Northeast remains a transit hub for
heroin and synthetic drugs.
- Human
Trafficking: Bengal and Bihar contribute significantly
to interstate trafficking networks.
- Cybercrime: Modern
crimes now involve technology, such as online scams and cryptocurrency
fraud.
Impact of Organised Crime
- Economic
Impact:
- Loss of
revenue due to tax evasion.
- Distortion
of legitimate markets.
- Social
Consequences:
- Increased
violence and insecurity.
- Weakening
of moral values.
- Threat to
National Security:
- Terrorist
financing through organised crime networks.
Laws Against Organised Crime in India
- Indian Penal
Code (IPC): Covers various criminal activities.
- Narcotic
Drugs and Psychotropic Substances (NDPS) Act: Focuses on
drug-related crimes.
- Prevention
of Money Laundering Act (PMLA): Tracks and penalizes money
laundering.
- Arms Act: Regulates
the possession and distribution of firearms.
- Information
Technology (IT) Act: Addresses cybercrimes.
Role of Law Enforcement
- CBI and ED: Lead
investigations against organised crime networks.
- State
Police: Handle local incidents and support
central agencies.
Problems in controlling organized
crimes
- Inadequate Legal Structure: India does not have a special law to control/ suppress organized crime.The
existing law is inadequate as it targets individuals and not the criminal
groups or criminal enterprises.
- Difficulties in Obtaining Proof: The witnesses are not willing to depose for fear of their lives and there
is no law to provide protection to the witnesses against organized gangs.
- Slow Pace of Trials and Low Conviction Rate: The pace of trials in India is very slow. The average time of trial in
grave offences varies from State to State but it is quite substantial and may
run into years. This, coupled with other factors, has resulted in low
conviction rates.
- Lack of Resources and Training: In our Constitutional frame-work, the police are the State’s subject. Investigation
of cases, their prosecution and the setting up of the criminal courts is the
responsibility of the State Government concerned. The number of police personnel
posted in police stations is inadequate. Moreover, they are vulnerable to
frequent transfers resulting in discontinuity in prosecution efforts.
- Lack of Co-ordination: India does not have a national level agency to co-ordinate the efforts
of the State/city police organizations as well as central enforcement agencies,
for combating organized crime.
- -Dual Criminality: 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
Government Initiatives to Tackle
Organised Crime
- Special Task
Forces: Set up in states like Maharashtra and
Uttar Pradesh to handle organised crime.
- Policy
Changes: Stronger surveillance and data-sharing
between agencies.
- Awareness
Campaigns: Educating citizens about human
trafficking and cyber safety.
The Way Forward
- Strengthening
Laws:
Amend outdated laws to address new forms of organised crime.
- Use of
Technology: Tools like AI and big data analytics can
enhance detection and prevention.
- International
Cooperation: Partnering with global organisations to
combat transnational crime networks.
Conclusion
Organised
crime undermines the rule of law and threatens national security. A concerted
effort involving strong laws, better technology, and active citizen
participation is essential to combat it effectively.