ORGANIZED CRIMES

Published on 04 Feb 2025

5. ORGANIZED CRIMES 

Interpol has defined organised crime as “Any group having a corporate structure whose primary objective is to obtain money through illegal activities, often surviving on fear and corruption”. Organised criminal activities weaken the stability of the nation’s economic system, harm innocent investors and competing organisations, threaten domestic security and undermine the general welfare of the nation and its citizens.

Types of Organized Crimes

• Drug Trafficking: Organized crime groups engage in the production, distribution, and sale of illegal drugs, such as cocaine, heroin, methamphetamine, and marijuana. 

• Example: Indian criminal groups, particularly from the state of Punjab, have been involved in drug trafficking and other illegal activities

• Human Trafficking: This involves the recruitment, transportation, harbouring, or receipt of people through force, coercion, or deception for the purpose of exploitation. Human trafficking can include forced labour, sexual exploitation, and other forms of modern slavery.

• Example: Mumbai has been a hub for organized crime activities.

• Money Laundering: Criminal organizations frequently engage in money laundering to legitimize their ill-gotten gains. They manipulate financial systems to make their illegal profits appear legal and clean.

• Example: In J&K, counterfeit currency has been a major source of funding for terrorism.

• Arms Trafficking: Criminal networks involved in arms trafficking smuggle and distribute firearms and other weaponry across borders, often contributing to violent conflicts and criminal activities.

• Example: In the Northeast, extortion human trafficking, drug trafficking, and gun-running are some of the other criminal activities that have been common in these areas.

• Cybercrime: Organized groups engage in various forms of cybercrime, including hacking, identity theft, online fraud, and cyber espionage. 

• Extortion and Racketeering: Organized crime groups may use threats, intimidation, or violence to extort money from businesses, individuals, or even governments. 

• Example: The Indian Mujahideen have also resorted to crime to raise funds. This includes robberies, kidnappings, etc.

• Counterfeiting: Criminal organizations manufacture counterfeit goods, such as currency, luxury products, and pharmaceuticals, and distribute them in order to generate profits.

• Illegal Gambling: Organized crime often controls illegal gambling operations, both offline and online, to generate revenue through betting and gambling activities.

• Smuggling: This includes the illegal transportation of goods, such as drugs, firearms, contraband, and people, across borders or within a country.

• Example: Organized crime groups are involved in the illegal trade of red sandalwood, a valuable timber, primarily trafficking it from Andhra Pradesh and Tamil Nadu to countries like China.

• Organized Theft and Robbery: Criminal organizations may plan and execute large-scale thefts, heists, and robberies, targeting valuable assets such as art, jewellery, and high-end merchandise.

• Example: Cross-border cattle smuggling, particularly to Bangladesh, has been a significant issue involving organized crime groups, often exploiting lax regulations and high demand.

• Terrorism: While not all terrorist activities are directly linked to organized crime, some groups engage in both organized criminal activities and acts of terrorism to fund their operations.

• Corruption: Organized crime groups may infiltrate governments, law enforcement agencies, and other institutions to gain influence, protect their interests, and facilitate their illegal activities.

Challenges in Controlling Organised Crimes

• Political 

• Global Nature: Organized crime networks often operate across national borders, taking advantage of different legal systems, jurisdictions, and law enforcement capacities. 

• Corruption and Infiltration: Corrupt officials and individuals within these institutions can tip off criminals about ongoing investigations or provide them with protection, hindering law enforcement efforts.

• Example: Ponzi Schemes and Financial Frauds causing massive financial losses to investors.

• 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.

• No Central Agency: India does not have any central agency to coordinate with state agencies, for combating organised crime.

• Political nexus: Many of the organized criminal networks have connections with political leaders thus preventing them becomes very difficult.

• Example: Former Punjab revenue minister has been linked to a 700-crore drug racket.

• Judicial 

• Poor criminal justice system: The delayed justice and poor investigation by police also gives opportunity to these organised criminals to exploit the system.

• Example: There are 3 crore pending cases in the Indian judiciary.

• Slow trials: Though these organized criminals are tried under different laws, the whole process of trials is very slow and there is a very low conviction rate.

• Example: The conviction rate under UAPA law is just 1%.

• Difficulty in obtaining proof: The network is so organized that it's difficult to gather evidence against the source agent. Often those caught in organized crimes are those belonging to the lower echelons.

• Example: Anti-smuggling operations often trap only the weakest links and rarely catch the leader of the network.

• Absence of specific law: Organized crimes are dealt with by various provisions of IPC. This legal inadequacy makes it very difficult to track down criminal groups.

• Emerging Technologies

• Sophistication and Adaptability: Organized crime groups continuously evolve and adapt to new technologies, methods, and strategies. 

• Example: They employ advanced communication systems, encryption tools, and counter-surveillance techniques, making it difficult for law enforcement to keep up.

• Rapidly Evolving Crimes: Organized crime groups engage in a wide range of illegal activities, from drug trafficking and human smuggling to cybercrime and environmental crimes. 

• Lack of resources and training: There is a shortage of trained professionals with techniques being outdated, adding to the difficulty in countering organized crime.

• Example: Proper training is not provided to counter organized crimes in the cyber domain.

• External Factors 

• Trans-national presence: Some of the crimes are planned outside the country. Tough terrain in India’s neighbourhood provides safe havens for these organised criminals.

• Complexity of Networks: Organized crime networks can be highly complex, with multiple layers and divisions of labour. This complexity makes it challenging to identify key players and disrupt their operations.

• Example: 'Golden Triangle' and the 'Golden Crescent' of India while it serves as a financial source for organized crimes.

• International nature of crime: Organized crimes are usually spread across the globe with cooperation required between multiple agencies of different nations.

• Example: Countering drug trafficking involves collaboration with agencies from Golden Triangle nations.

Link between Organised crime and terrorism 

• Terror funding: Organized crime groups such as drug cartels may provide financial assistance to terror groups in exchange for protection or other benefits. Terrorist organizations can themselves engage in organized crime to raise funds for their terrorist activities.

• Example: Money laundering networks have been the major funding source for terror groups in Jammu Kashmir.

• Supply of illicit materials: Organized crime cartels can provide smuggled arms and explosives to the terrorist groups.

• Example: Organized crime groups have been involved in providing illegal arms to Naxals along the Red Corridor.

• Disruption of governance: The presence of terrorism disrupts the governance system of the nation which facilitates fertile ground for organized crimes.

• Example: Terrorist groups like ULFA in the Northeast have weakened the governance in the region which has led to the growth of drug cartels and extortion.

• Safe havens and hideouts: Organized crime networks often control certain territories and provide safe haven for terrorists.

• Example: Organized crime networks have offered safe havens in Kashmir for the terrorist group.

• Cybercrime: In the digital age, there could be a collaboration between organized cybercrime groups and cyber-terrorist agents.

Combating Organized Crimes

• International Efforts

• Diplomatic efforts: To improve relations with neighbours and to see differences from the point of view of reality rather than emotionally.

• UNSC resolution 2482: In 2019, the Security Council adopted resolution 2482, which urged Member States to address the links between terrorism and organized crime, by adopting policy measures.

• UNCTOC (UN Convention on Transnational Organized Crime): It aims to stop the illegal-immoral trade of individuals (women and children) and combat arms trafficking.

• Firearms Protocol, 2005: This is the only legally binding instrument to counter the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition at the global level.

• Legislative measures 

• FEMA (Foreign Exchange Management Act) 2000: It aims to consolidate and amend the law relating to foreign exchange to facilitate external trade and payments and to promote the orderly development and maintenance of the foreign exchange market in India.

• UAPA (Unlawful Activities Prevention Act) 1967: The act is an Indian law aimed at the prevention of unlawful activities of associations and individuals in India.

• National Security Act, 1980: There are various preventive laws existent in India that apply to organized crimes, explicitly and implicitly.

• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: It is another preventive law enacted to control the actions of people engaged in the illicit trafficking of drugs and other narcotic substances.

• Prevention of Money Laundering Act: It targets money laundering activities in a focused manner to counter the hawala transactions. 

Way forward

• Legislative measures 

• Strengthen Law Enforcement: Increase the capacity and capabilities of law enforcement agencies to investigate and prosecute organized crime.

• Specialized Task Forces and Units: Create specialized task forces and units within law enforcement agencies to focus specifically on tackling different aspects of organized crime, such as drug trafficking, human trafficking, and cybercrime.

• Example: Joint Terrorism Task Forces in the US, played a crucial role in investigating the 2013 Boston Marathon bombing, coordinating efforts among various agencies to track down the perpetrators.

• Having a dedicated law: Specific laws are required and the executive needs to be empowered to take steps accordingly. 

• Security Measures

• Intelligence Sharing and Analysis: Establish centralized intelligence units that gather, analyse, and share information related to organized crime activities.

• Example: Operation Impact is an initiative by the Indian government to combat cybercrime and online financial fraud.

• Technological advancement: Introduce hi-tech software to track organized crime- since criminals are using the latest technologies to carry out their work, police also need hi-tech software to counter them. 

• Example: CCTNS and Kerala police’s Cyberdome.

• Witness Protection Programs: Witness protection programs offer security and assistance to individuals willing to testify against organized crime groups, thereby aiding law enforcement efforts.

• Example: The United States Witness Protection Program (WITSEC) has enabled the successful prosecution of organized crime figures by ensuring the safety of cooperating witnesses.

• Cooperative Measures 

• Strengthening global response: All the countries must come together and globally respond to organized crimes. 

• Example: INTERPOL could play an important role in it by playing the role of a global coordinating organization.

• Inter-state coordination- should be promoted among state police as the nature of these crimes is transboundary. It would help in taking faster and more effective actions against criminals.

• Example: To combat the nexus, interstate coordination and a group like the National Counter Terrorism Center are required. National and international coordination will benefit from it.

• Cross-Sector Collaboration: Collaborate with businesses, financial institutions, and other sectors to identify and report suspicious transactions that may be linked to organized crime.

• Example: Resolutions passed by the UN Security Council and other institutional mechanisms like the FATF can help foster international cooperation. 

• Community Policing and Outreach: Initiatives that foster positive relationships between law enforcement and communities can lead to better cooperation in identifying and reporting organized crime activities.

• Example: The "Safe Streets and Gang Task Force" in Los Angeles engages with communities to address gang-related organized crime by building trust and encouraging collaboration.

Not only is organized crime a threat on a national level, but it has also become an international threat, necessitating a global response from all nations. We need to improve our cyber security and coastal security, as registration on wooden boats is an easy way for terrorists to enter India the police department should be well-equipped with trained personnel, modern weapons, and more people.

Tags:
Security

Keywords:
Organized crimes Terrorism Cyber crimes Terror Financing Combating Organized Crimes Money laundering

Syllabus:
General Studies Paper 3

Topics:
Internal Security