Wednesday, December 15, 2010
LAW AND SOCIETY: White Collar Crimes in India -A view point: "The number of white collar crimes..."
White Collar Crimes in India-A view point
"It is myth to think crime less society"[Prof.Paranjape] .The number of white collar crimes are increasing ,when compared to traditional crimes.There are various reasons for sudden spurt of white collar crimes."The criminologist are concern with ways that social conditions and institutions produce or construct crime and deviance"[Colin Sumer].Durheim was off view that rising suicides is direct index of persistent social reality.
The radical criminologist influenced by Marxism and conflict theories advocated that human nature by itself is not criminal,it is the capitalism which makes people greedy,self centered and exploitative.The laws are tools of the owners of the means of production and are used serve their interest in keeping their activities legal even if they are harmful,brutal or morally unacceptable"
Quinney Richard viewed that Radical criminology is based thesis that unequal economic situation which exists in capitalist society leads to inequality
The Indian legal luminary Justice V.R Krishna Iyer is of view that "Radical humanism and progressive penology must gravitate towards the process which heal and humanise ,restore and social and reconcile judicial punishment with dignity of person hood"
Reasons for rise of white collar crimes
Sutherland taken much pain for careful study of white collar crimes in USA.He found that large corporate houses and business establishments are involved in illegal contracts,misrepresentation in advertisements,IPR violations like copyrights&trade marks,unfair labour practices,bribing public officials etc.
In India ,there is sudden spurt of white collar crimes after economic reforms were initiated to ease so-called government control on various sectors. .It is alleged that there is nexus between corporate houses,government officials including enforcement agencies,criminals and politicians ,Ironically judiciary is unable to respond adequately to the challenge of white collar crimes due to loopholes and system flaws in the administration of justice.
In India ,there were many acts and legislation control socio-economic offenses ;Income Tax Act,COFEPOSA ,1974,Custom Act ,1962,Central Exercise Act,1944,FERA ,!973[now FEMA],NDPS Act 1985,Prevention of Corruption Act,1988,MRTP Act 1968[Now CCI],Company Act ,1956,Money Laundering Act,Arms Act ,1956,IPR laws like [Copy Rights Act,Trade Mark Act,Patent Act,G.I Act],Serious corporate fraud under Ministry of Corporate affairs[ aftermath Satyam Scandal] and RBI regulations.SEBI Act and regulations.The IT act was enacted check the Cyber Crimes
The various agencies like CBI,CVC,Enforcement Directorate,Income Tax ,RBI and Lok Ayuktha are existing in our system to check the white collar crimes.But series of scams like 2G spectrum,IPL,Adarsh Land scandal,Food Scandal in U.P ,Land Scandal in Tamil Nadu ,the Corruption charges against Ministers and bureaucrats rocked and shaken the nation.The appointment of Head of Central Vigilance Commission of India , itself became controversial after Hon'ble Supreme Court made observations and questioned his appointment.
It is pertinent to say that criminal syndicate are controlling various sectors in India,we can say there exists Drug Mafia,Criminal Mafia,Land Mafia,Real Estate Mafia,Mining Mafia,Media Mafia,Educational Mafia,corporate lobbyist Mafia ,who are virtually dictating terms to the nation.They are virtually running parallel administration in the country.It is estimated by International NGO that 2 lakh cr money is held by Indians in Swiss Bank,one can imagine the extent of Black Money in India.
The grave area of concern is corruption charges against Judiciary like PF Scam,Justice.Sen of Kolkata High Court and corruption charges against former Karnataka C.J Dinakran [now resigned],
Sri Shanti Bhusan submitting the list of corrupt judges to Supreme Court shocked the nation.The series of charges against judiciary has dented the image of Indian Judiciary ,being custodian and watch dog of Indian Constitution.The situation is contrary to "Law's image of itself as neutral,impartial, and objective system"It is matter is irony that judiciary virtually became a part of the problem rather solution due to said scams.
Most experts believe that present laws are not adequate to control the white collar crimes ,most perpetuates are well educated and they understand the limitations of present laws and take advantage of loopholes in the system.The nexus between politicians,bureaucrats, and corporate criminals should be checked and controlled ,for which we require impartial , committed and sincere investigating agencies and enforcement machinery.
It is difficult to imagine zero tolerance for corruption in the system,but tough measures will definitely fetch desired results to clean the system.