Question- Discuss the types of organised crimes. Describe the linkages between terrorists and organised crimes that exists at the national and transnational level. UPSC CSE Main 2022 GS Paper 3.
Answer
Organised crimes are complex and centralised enterprises that engage in illegal activities for profit and power. Organised crimes can have negative impacts on society, economy, politics, and security. Some of the aspects of organised crimes are:
Types: Organised crimes can be classified into different types based on their nature, structure, and objectives. Some of the common types are:
Gang criminality: This type involves groups of criminals that commit violent and predatory crimes such as robbery, murder, kidnapping, extortion, etc. Gangs can operate at local, regional, or national levels and can have loose or formal hierarchies. Some examples of gangs are street gangs, prison gangs, outlaw motorcycle gangs, etc.
Racketeering: This type involves groups of criminals that provide illegal goods or services to the public or businesses in exchange for money or protection. Racketeers can exploit the demand for illicit goods or services such as drugs, prostitution, gambling, etc. or create artificial demand by using threats or violence. Some examples of rackets are drug trafficking, human trafficking, loan sharking, money laundering, etc.
Syndicated crime: This type involves groups of criminals that form alliances or networks with other groups to coordinate their activities and expand their influence. Syndicates can operate at national or transnational levels and can have sophisticated and hierarchical structures. Some examples of syndicates are mafia families, yakuza clans, triad societies, etc.
Linkages: Organised crimes can have linkages with terrorists and other actors that pose threats to national and international security. Some of the linkages are:
Operational linkages: These involve cooperation or collaboration between organised criminals and terrorists to achieve their respective goals. Operational linkages can include sharing of information, resources, skills, contacts, routes, safe havens, etc. For example, organised criminals can provide terrorists with weapons, explosives, documents, transportation, etc. while terrorists can provide organised criminals with protection, legitimacy, ideology, etc.
Convergence linkages: These involve transformation or integration of organised criminals and terrorists into a hybrid entity that pursues both criminal and political objectives. Convergence linkages can result from ideological shifts, strategic adaptations, opportunistic alliances, or co-optation by external actors. For example, some terrorist groups such as FARC in Colombia or LTTE in Sri Lanka have engaged in drug trafficking and other criminal activities to fund their operations and sustain their movements.
Nexus linkages: These involve mutual facilitation or reinforcement of organised criminals and terrorists by creating conducive environments for their activities. Nexus linkages can result from common factors such as weak governance, corruption, poverty, social exclusion, ethnic conflicts, etc. that enable organised criminals and terrorists to thrive and exploit the vulnerabilities of the state and society.
For example, some regions such as Afghanistan-Pakistan border area or West Africa have become hubs for both organised crime and terrorism due to the presence of ungoverned spaces, lawlessness, instability, and lack of development.
Answer ends here. Next part is for convenience of reader to understand this topic more thoroughly.
What are some challenges of combating organised crime?
Inadequate legislation and laws: Many countries lack comprehensive and harmonized legal frameworks to criminalize and prosecute organised crimes effectively. Some countries also have weak or outdated laws that do not cover the full range of organised criminal activities or do not provide adequate sanctions or confiscation measures. Moreover, some countries have not ratified or implemented the United Nations Convention against Transnational Organized Crime (UNTOC) and its Protocols, which are the main international instruments to prevent and combat organised crimes.
Uninformed police forces: Many law enforcement agencies lack the necessary skills, resources, equipment, and intelligence to detect, investigate, and disrupt organised criminal networks. Some law enforcement agencies also face challenges in cooperating and coordinating with each other at national and international levels, due to different mandates, jurisdictions, procedures, or languages. Furthermore, some law enforcement agencies may be infiltrated or corrupted by organised criminals, undermining their credibility and effectiveness.
Lack of political will to enforce laws: Some political leaders or authorities may lack the commitment or the courage to take decisive actions against organised crimes, due to fear of retaliation, personal interests, ideological affiliations, or electoral calculations. Some political leaders or authorities may also be involved or complicit in organised criminal activities, either directly or indirectly, through patronage networks, campaign financing, or policy influence.
Affairs and crimes: Organised crimes can have negative impacts on the social fabric, the economic development, the democratic governance, and the human rights of the affected countries and regions. Organised crimes can erode the trust and confidence of the citizens in the state institutions and the rule of law. Organised crimes can also fuel violence, insecurity, instability, and conflicts. Organised crimes can also exploit and harm vulnerable groups such as women, children, migrants, refugees, minorities, etc.
What are legal frameworks to combat organised crimes in India?
Some of the legal frameworks to combat organised crimes in India are:
Indian Penal Code: The Indian Penal Code (IPC) is the main criminal law of India that covers various offences related to organised crimes. Section 120-A of the IPC defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal by illegal means. Section 120-B of the IPC provides for punishment for criminal conspiracy, which may extend to imprisonment for life or rigorous imprisonment for two years, depending on the nature of the offence agreed upon. The IPC also contains specific offences related to organised crimes such as murder, kidnapping, extortion, robbery, dacoity, cheating, forgery, counterfeiting, etc.
Organised crime-specific law: India does not have a central legislation on organised crime. However, some states have enacted their own laws to deal with the menace of organised crime. For example, Maharashtra has the Maharashtra Control of Organised Crime Act (MCOCA), 1999, which defines organised crime as any continuing unlawful activity by an individual or a syndicate using violence or threat of violence or intimidation or coercion or other unlawful means with the objective of gaining pecuniary benefits or gaining undue economic or other advantage for himself or any other person or promoting insurgency. The MCOCA also provides for special courts, special public prosecutors, interception of communications, presumption of guilt, enhanced punishment, and forfeiture of property for organised crime. Similarly, other states such as Gujarat, Karnataka, Andhra Pradesh, Uttar Pradesh, etc. have their own laws on organised crime.
Preventive laws: India also has various preventive laws that empower the authorities to detain persons who are likely to engage in organised crimes or activities prejudicial to the security of the state or public order. One such law is the National Security Act (NSA), 1980, which allows the central or state government to detain a person for up to 12 months without trial if satisfied that such person is acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India; or to the security of the state or the maintenance of public order; or to the maintenance of supplies and services essential to the community. Another such law is the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS), 1988, which allows the central or state government to detain a person for up to one year without trial if satisfied that such person is engaged in illicit traffic in narcotic drugs and psychotropic substances and that such detention is necessary to prevent him from engaging in such activities in future.
Miscellaneous laws: Apart from these laws, there are various other laws that govern certain specific organised crimes such as money laundering, human trafficking, drug trafficking, cybercrime, etc. Some examples are:
The Prevention of Money Laundering Act (PMLA), 2002, which defines money laundering as an act of concealing or projecting as untainted any property obtained directly or indirectly from a scheduled offence (such as organised crime) and provides for attachment and confiscation of such property and punishment for money laundering.
The Immoral Traffic (Prevention) Act (ITPA), 1956, which defines trafficking in persons as recruiting, transporting, transferring, harbouring, or receiving persons by means of threat, force, coercion, abduction, fraud, deception, abuse of power, or inducement for the purpose of exploitation and provides for rescue and rehabilitation of victims and punishment for traffickers.
The Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985, which defines narcotic drugs and psychotropic substances as those substances specified in the schedules annexed to the Act and provides for control and regulation of their production, manufacture, possession, sale, purchase, transportation, warehousing, use, consumption, import, export, transit, and transshipment and punishment for their illicit traffic.
The Information Technology Act (IT), 2000, which defines cybercrime as any unlawful act done by using a compute or a computer network or a computer resource and provides for legal recognition and protection of electronic records and digital signatures and punishment for offences such as hacking identity theft cyber terrorism etc.