Organized Crime

Definitions of Organized Crime

• Definition of Interpol: “Any group having a corporate structure whose primary objective is to obtain money through illegal activities, often surviving on fear and corruption”.
• Definition by UN 
  • A group of three or more persons that was not randomly formed
  • Existing for a period of time
  • Acting in concert with the aim of committing at least one crime punishable by at least four years’ incarceration
  • In order to obtain, directly or indirectly, a financial or other material benefit.

Factors Aiding Organised Crime

• Increasing demands for illegal goods in the global market like the trade of Human organs, endangered wildlife, drugs, etc.
• Geographical terrain and open borders.
• Globalization has brought new opportunities and markets for these groups.
• Unholy nexus between politicians, bureaucrats, and criminals.
• Criminalization of politics.
• Technology also helped them to operate safely hence reducing their risk.
• Return compared to the risk factor is very high.
• India’s proximity with drug-producing regions like Golden Crescent in the West and Golden Triangle in the East.

Type of Organised Crime

1. Drug Abuse and Drug Trafficking
   • The revenue generated from the drug trafficking business constitutes a fifth of the organised crime revenues, with the annual worldwide value of the trade estimated to be around $650 billion.
   • As the trafficking of drugs provides a lucrative opportunity, transnational terror groups such as AlQaeda, the Islamic State, and their affiliates are increasingly using illicit drug trade to fund their expenses and operational costs.
   • For example – The Indian Navy and Coast Guard seized drugs worth ₹12,000 crore off the Kerala coast.
2. Smuggling
   • Smuggling, which consists of clandestine operations leading to unrecorded trade, is another major economic offence. 
   • The volume of smuggling depends on the nature of fiscal policies pursued by the Government. 
   • The nature of smuggled items and the quantum thereof is also determined by the prevailing fiscal policies.
   • For example – Gold smuggling through airports.
3. Money Laundering
   • It 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.
4. Light Arms Proliferation & Trafficking Light
   • Arms proliferation is a global phenomenon. It has extracted a heavy toll in terms of human lives and socio-economic development of entire regions, costs of which can never be adequately computed.
5. Contract Killings
   • The method adopted in contract killings is by engaging a professional gang for monetary consideration. 
   • Part of the prefixed amount will be paid in advance which is called ‘supari’.
   • For example – Moosawala case
6. Prostitution
   • 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.
   • For example – Red streets in Mumbai 
7. Illegal Immigration
   • Illegal immigration is a major concern for the nation and it is supported by organised gangs as part of fundraising.
   • For example – Tamil migration from Sri Lanka to Tamil Nadu.

Challenges

1. No Specific Law: India does not have any specific law to deal with organised crime. It depends on various provisions of IPC and other laws which are scattered.
2. Anonymity of Leadership: As organised criminal groups are structured in a hierarchical manner, it becomes difficult to identify these leaders. Also, such groups keep changing their leadership to avoid law enforcement agencies.
3. Lack of Resources : According to the Constitution, police is a state subject. But many states are not in a position to invest resources to deal with organised crime.
4. No Central Agency: India does not have any central agency to coordinate with state agencies, for combating organised crime.
5. Trans-National Presence: Some of the crimes are planned outside the country. Tough terrain in India’s neighbourhood provides safe havens to these organised criminals.
6. Poor Criminal Justice System: There are 3 crore pending cases in the Indian judiciary. The delayed justice and poor investigation by police also gives opportunity to these organised criminals to exploit the system.

Government Measures to Counter the Issue

• National Security Act 1980
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988
• Unlawful Activities Prevention Act
• National Investigation Agency Act, 2008