Saturday 8 December 2012

Crime: Reason, Laws And Need of Today's Society




INTRODUCTION


We have completed our survey in the pre-decided three cities. In conducting this survey we have chosen participants randomly from various sections of the society. On the one hand we have taken lawyers, doctors, police personals and politicians and on the other hand we have taken students of colleges (specially graduation level), housewives, unemployed and illiterate persons. Peoples were belonging to rich families as well as poor families. We have avoided conducting the survey in particular locality and section and has done this work by choosing some members from different places randomly.
As we thought to do this job with more extensively and more scientifically but due to shortage of time we are unable to present a huge number of participants. One problem is there is also, that we had decided to take help of judges in this also but they had no much time to cooperate with us because there busy schedule and Dushehra event . But we are thankful towards them as they talk to us for few minutes and had given their valuable instructions and suggestions on crime control which has helped us a great extent.  Due to a low number of participants it will not be appropriate a chart or give a scientific mask to this project. We have taken recourse of the general inference which have fabricated in our mind.
We faced some time limitation in our work, some time members were not ready to give time some time it was hard to make them understand the question and situations. During the questions they asked various hard questions related to crimes and that shows their curiosity in controlling the crime. Those questions were such that they feel frustrated by present system of governance. They were denying that government can do anything to control the crime. Sometimes we feel that they want overall change in system.
If we try to place the situation in defined theories then we get that state is in state of confusion and anomy. They are unable to understand what have to do now? Why system is not working properly? They want to eliminate the crime but who will help them? And this situation itself now creates a crimino-genic situation which is helpful in increasing crime.
And in last we want say that in this work we will took about every aspect of crime and analyze the present law on that, reason of that crime and requirement of present society.  We will try to suggest a better way to save our society and will try to give an insight about crime.









                  


“ANALISIS OF THE CRIME, REASON, AND LAWS ON THAT”


Crime in the society means every work which is against the norms of the society and is condemnable and punishable by law (State, Sovereign). When it was asked to the peoples that what type of crime is increasing in the society drastically then answer of the general were divided as to their social status. Middle class expressly and strongly argued in the favor of political and crime against property which directly have relation to the corruption, much debated topic today. But poor people responded in favor of crime against body and crimes under I.P.C. 1860. Lawyers of the view that crime is increasing in all aspects but in rural areas there is a vast increase in crime against poor sections. Those sections do not have any relation over corruption but it is very hard to live peacefully in even their houses because strong people don’t want so….
Now we consider women.  According to the general peoples crime against women is increasing in all aspects either it is domestic violence or rape or disrespect in society. Maximum men has accepted that rape is not for pleasure, in general it is the outcome of ego and accused most probably want to teach/give a lesson to that women or family of her. IT is only polluted male domination which results in this way. Some contradicted this saying why a lady unknown to the accused is raped by them …. Reason behind this is simple POLUTED MALE DOMINATION &LOW MORAL STANTARD. People have readily discarded women’s modernization in this regard.  Talking about domestic violence it came to concussion that much situation plays behind this. Dowry and male domination play a little role in this field now. Main reasons at present are Laws for them and conflict even on general issues over in family. Present laws are providing them recourse of litigation and even a conflict out of home, and this is finally creating such a situation that help in increasing crime against them. According to the common sentiments let them do not litigate over family issues and try to strike a balance between them. But I personally do not accept this view. There should be laws which can help them more effectively.
Now comes towards children. What people think about crime against children (especially sexual abuse) and crime committed by the children? We come to the conclusion as per our data and observation that sexual abuse of children is increasing and it doesn’t matter that of what gender the child is... consensus shows that there are only cases on fingers in which accused are unknown to that children. Always their relatives or their next doors are offenders in such activity. People were not ready to include family members in this but they were also not clear that their own brothers/sisters have an eye on them, especially cousins. It is ALLARMING situation for Indian civilization. It seems abnormal but who can deny after cases, as they are coming in picture through the media. It is that there are laws for protection but who will complain?? It is a big question in bag. People suggest that law has no role here and it cannot do better job. But it doesn’t mean that there should be no law on the point. There should be, but it will be for more benefit that they and citizens get a good moral education and they remain a master of good character. This is the only way.
When we observe crime by the children, we get that children are more delinquent and criminal as in comparison with the past. They are committing heinous crimes as well as pity crimes. Children are committing some crimes for their own need but they commit crime largely for the others and under the instructions of the trend criminals. Others are using their innocence in committing crimes. On the point of law, approach is towards sufficiency of law. Only very few are recommending for strict laws and strict punishment. Approach shows that they should not be treated as criminals and let them grow in healthy environment. There are one other aspects of crime in relation to the children. That is child labor.  According to results child labor is rapidly increasing in rural as well as in urban areas. And the inflation is playing a great role in this field. Contractors, restaurants, tea stall, bricks fields, and construction spots are the major parts where they are being employed either with their consent or against their consent at very low payments. Laws are sufficient enough to curb this but that laws have been blended by the loose administration. People think that, enforceability of those laws should be insured and citizens also take cognigence of it and do not hire children. And if they are demanding for work for urgent need, give them work which do not harm their life and pay properly and also insure their education.
Now we switch over a very sensitive issue which is related to women and men both. People reported very different view against our own personal thinking. Some of them asking question about male prostitution now trending over cities.
When it was asked that is it crime or trade (though it is crime in India), people were equally claiming for both. Numbers are about to same. But with one addition, that is if it is organized. And one thing is more interesting who care ready to accept it as a trade they also want to control and curb it and also call that it is morally wrong. 0 out of 10 rural female participants considers it is crime and should be controlled strictly with strict laws and punishment to both men as well women. But result of 5 urban females was something different. 2 of 5 were in favor of prostitution if organized and controlled. They do not felt anything wrong in it if both genders are of same mind. But our study was towards prostitution as crime and peoples consider it as crime. They also suggest that both are wrong in this act. Both should be punished. They also accept forced prostitution and suggested very strong law against those criminals. Facts about their background are showing that they primarily belongs to poor families and brought in this crime and later on they and their next coming generation are compelled to remain in this practice as a reason of un-acceptance of the society to take them back in mainstream. Thus according to us the Hippocrates (people) who are saying like this they are not going to accept them back in mainstream. They are saying that education, rehabilitation, means of a secure and good life should be provided to them but they are not ready to accept them!!!!!  I have a great idea to bring it to an end. This is
Trace the places of this practice. Catch the customers. And don’t send them to prison. In spite of prison expose them to a heavy penalty for their work as they are hampering the sentiments and reputation of the STATE. And that money should be managed by a machinery who rehabilitate the prostitutes, provide schools for healthy education to them, better facilities and employment in healthy environment so that they  can make themselves to come back in mainstream society. This will really help because today people don’t get threat by prison because they know they will get bail without going to prison and later on he will on conviction will pay penalties which is very low and also will pay money in against of going to prison. And if there will be a heavy penalty on the spot, it will certainly prevent them to do such activity. Same process should be adopted in case of rape also along with imprisonment.                                                                                               (Sanjay Singh)
Now we move towards criminalization of politics and white color crimes. As we are speaking through the data we have, and the inference which we have get by meeting and talking to the people, we are trying our best to not to mix our presumptions over these issues. But where we have breached this norm we have clearly acknowledged that thing right then and there. People are of the view that politics has been criminalized totally and this is not matter of a question. Every illiterate and literate knows clearly that crime and politics has been the opposite sides of the same coin. Reason behind this is hunger of the power. And there is no other reason to justify this. Not only politics has been criminalized but about maximum if not all crimes is being committed under protection of politicians and politics. Communal riots, social divisions, etc. serious crimes are being committed by national as well as local parties. There is one important component remaining also, now that is corruption. In the race of power there is constant need of huge money which leads and catalyzes the corruption. Now at this level the lobby of politicians, bureaucrats, businessmen and everyone who can participate, participate in corruption. And this also increases the data of white color criminals. According to the people there should be strict laws and enhanced punishment for the politicians and bureaucrats for the same crimes as against the common man. Data shows that white color criminals largely belong to bureaucrats and politicians. Only need and want is the main factor in the case of politicians, pressure from the politicians on bureaucrats and businessmen along with the their personnel  need and want are the factors behind the white color crime and corruption by later two. Law of our country are not in tune with the demand and need of the society in this post modern era, as there are new horizons  of crimes created by these so called politicians and bureaucrats and business-houses. In fighting with this, people regularly suggest that, standard moral education and ethics along with good laws with effective and transparent enforceability will be an effective and final armor.
Cyber crime is important field now for the study. Peoples of our country are not aware of, about cyber space and information technologies adequately. They constantly expose themselves before cyber criminals. They do not even know what they are going to do or who is going to cheat them and harm them. When peoples asked about it they responded that this crime is increasing. They were asking that there should be strict laws and strict punishment and at present there is lack of effective law on point. Punishment is also not satisfactory. People want to know that if an MMS of a lady is created and posted publically over internet. Consequently that lady commits suicide. What punishment will be given to that culprit???? Because suicide itself is a crime and if she survives she may be prosecuted and will be awarded more punishment than the person who has committed the crime. Therefore law should be molded as such it can march with the technology. People also feel that this present police system cannot do better job in this field and there should be separate cyber police station in the reach of the every common man who is using instruments of information technology. Here I also want to suggest way in controlling this crime.
I think that today it is very easy to get a Sim card, which connects us to internet as well as mobile phones. Anyone can create e-mail account in any name without any verification of his identity. Why companies and states are so kind in guaranteeing such freedom especially in case of e-mail I’d. There are about no restriction over this issue. And these both issues play a key role in maximum cyber crimes. My suggestion is that immediately start verification of mobile connections, internet connections, and all other means which are providing interconnection facilities. Impose a strict policy over creating profiles and mail account and insure that any account could not be created without personal and residential identification along with status record such as criminal record , social status etc. I am, personally sure that after these steps cyber crime data will be sunk down rapidly.
Vivek k. Shukla
It is also necessary that people should be made aware of this crime and taught them that they immediately report authorities of the crime.
These are some important crimes which have been studied. There are several other types of crimes which have not been taken here. But crimes are crimes and those crimes can be understood on the same line. We have till now talking about crimes. Now we will take the issues of police, procedural laws and judiciary. Peoples when asked that police is strong enough or not then they with maximum number reported that police is much strong with it present tools. Problem is with their working style not with their power attached to them by the statutes. They work under the influence of political leaders and powerful and wealthy people. They work for bribe, money, and their personal benefits. If they perform their duties honestly then there are no powerful than a police person today.
Here one thing is also true that there is no requirement of enhancement of powers of police but this system is facing an urgent need of reconstitution in the wake of modern development to pace with the new development in crimes and its horizons.
Above observations were about police and when they were knocked about procedural laws in which ambit police and judiciary functions they seems to be very frank in saying that our procedural laws are out of date and those should be immediately replaced with effective one. Advocate Sri A.K.Singh told that once (the great name in Indian BAR Sri RAM JETH MALANI when he was law minister) said that “our procedural laws are tools of income for lawyers”. According to consensus procedural laws should be easy and user friendly. It will be then when police and criminal justice system might be functioning efficiently. Without reconstruction of procedural laws, all laws for better government of crime and society will be only show peace. So according to common man our procedural laws immediately should be reframed.
There were two question asking that whether laws for protection of women and for SC/ST are causing problem in there development and protection. On these questions people were divided, and some of them are strongly arguing that laws for their protection but actually they are causing problem to themselves. According to them laws for women somewhere discriminating the norms established by our cultural development, and this discrimination is justified on the ground of reasonable classification, thus these laws subsists. For example women, now have a right in property. And by these rights of females, males are feeling insecure about their properties and this state of mind is compelling to them to behave in some suspicious manner. This finally causing dispute in family and sometime a situation comes when a family leads towards litigation and relations comes to an end. Same situation is with laws for SC/ST. being discriminatory, these laws provoking forwards which results in hatred for the reserved, and ultimately crime against them.  Here one important suggestion is suggested by them. That is- don’t make laws which are based on discrimination (reasonable classification) but try to make laws which provide them good facilities for their upliftment. And in relation with crime, there is no requirement of special laws for special class. Because crime is crime whether it is against women or men, against Hindu or Muslim, against Brahmin, Kshatriya or SC/ST.
Now we will shift our analysis towards judiciary. Judiciary is strong or not? Judiciary should have executive power especially in relation with their judgment or not? On the first question people speak in favor of enhancement of power of judiciary but it also should be insured that there will be no corruption in judiciary and all the judges will be of highest moral and educated status, and also they will be highly self regulated. Because at present they have enough powers but as crime and corruption is increasing by the conjunction of politicians, bureaucrats, and business-houses, they need more power. And on the second question people goes against the constitutionally established principle of distribution of powers. They advocated that executive power should be given to judiciary. They reasoned for this, that judiciary is only delivering judgments and when they will have executive power in relation with their judgment then justice will be done.
Here, with this question our survey comes to an end.  There are various other issues which need consideration. Because we have get about totally against opinion on which laws are being made. It is also true that people have given answers emotionally but it is also true equally that if emotions and sentiments of common man are demanding for a change then policy makers should understand these things and act accordingly. This was about our analysis of the observations made by people and data we have got. Now in the following some pages we will put down our observation about crime as a whole, reason, laws and suggestion for effective tool to eliminate the crime separately.






      

CRIME: REASON, LAWS AND SUGGETIONS --------- VIVEK K. SHUKLA


Crime as has been defined by various authorities is the acts against the norms of the society and for which sanction has been subscribe. But why anyone does such act is matter of research. From long time many jurist has done good job upon this field. They have subscribed various theories of crime. Some has suggested anthropological theories which are responsible for anyone to be a criminal, some has suggested sociological theories. Various has been suggested that various situation are reason of crime. Today without any question sociological concept and various situations for crime can be accepted as a reasoning of the crime. We have conducted survey in this regard. And get that apart from these there are some other reasons also contributing in increasement of crime. At present incompliance of law is the major challenge.  There is question mark on the proper laws to govern the country. And this is playing major role in enhancing a crime. But if we try to count the reasons which are contributing in enhancement of crime then those are
·        Need and want of more money and power
·        Discriminatory laws(even within the constitutional framework in the name of reasonable classification, which is provoking discriminated section of society)
·        Unrestricted Development
·        Substandard education system. In the name of convent education capitalists are destroying morality. Today you cannot find any convent school going child who pray in their parent feet in morning. He cannot give due respect to unknown senior persons. Even he says only good morning rash fully with the color of capitalism and corporate professional culture.
·        Authorities are not listening common men.
These are some of the reasons which are increasing crime. One may ask that there are numerous laws and systems (authorities, judiciary) then why it cannot be controlled and why it is increasing. Then matter lies in the insufficiency and inefficiency of laws and authorities. Actually our laws are sufficient and efficient enough to control the crime but their enforcement is in question. Hardly there is any law which is being enforcing transparently, honestly and with dedication to curb the crime. Not only laws there are great problem with authorities working for this purpose. Police system has been instrumentality of a handful powerful politician and criminals. They are not working properly. They are strong enough to control even a larger body but due to their miss-requirement and enthusiasm for bulk money they are not performing their duties. Reason for this subsists in education system. They are not properly educated and they have no enthusiasm to respect of constitution of country and laws. This is great reason in a constant increase in crime. It is also equally true that with the development, new horizon of crime has been emerged and our system is unable to take appropriate measures to enhance its capacity accordingly by the reason of no confidence and dedication of our legislature.
                                               

                                               

 



Suggestions:


With the above discussion we want to suggest some important ways by which crime can be controlled. Those are:-

Proper education-

There should be proper arrangement of education. Here proper word is of much importance. Here proper doesn’t mean that higher education with global facilities, with parallel technologies of the rest of the developed countries High professional studies. But here proper means education with high standard of thought, with morality, love, fraternity, respect of laws and of living creature, patriotism etc.  A child, men, taught with these will ultimately come out to the mainstream as a force, which will destroy all evils of the society. Crime is only one part of that evil.

Laws should be revised:


We have many laws. But with development of society and technologies there is need to revise our laws. Our procedural laws should be very easy and user friendly so that disposal of the cases should be insured.

Authorities should be provided a tool to terminate the corrupt bureaucrats, and legislators:

 Role of democracy should be revitalized and because our democracy is mature enough, and people should have right to terminate an officer and legislator if he is not properly governing them. This will create fear in these powerful men to behave in appropriate manner and to thi9nk about law, nation and people. Today they are sovereign. Their sovereignty should be abolished and reaffirm that country with its citizens is sovereign.

Judiciary should be strengthened with some executive powers:

 Our judiciary is only delivering judgments. There is separate executive system to execute those judgments. It leads corruption and injustice which results in another crime. If it has executive powers them complete justice should be insured. And faith in laws and justice will be reestablished.

Try to end pendency in courts:


Today pendency in courts is major challenge. Every one is suggesting that e-courts and help of information technology will help in this regard.  But I am speaking against it. There is no requirement on e-court, no requirement of information tech. in fight with pendency. Please give more time to judges. They are today engaged in the works which should be done by clerks. They are hearing leave petitions. This work if done by the clerks and a judge deal with the cases only I am sure every judge will get about double time to hear the cares. And if they will have twofold time it sure the number of pendency will come down to half.
This was my some observation about the crime and important suggestions which may be helpful in curbing the crime. Some of them are against the established norms but I am sure that these are very helpful in present scenario. Anything which was against the norms one time of point became the norm and trend at one point of time. With this I conclude my point.

CRIME: REASON, LAWS AND SUGGETIONS ------------- SANJAY SINGH

I am happy that we have jointly conducted this project in want of some new thing in the sphere of crime. In previous pages we have discussed upon the results arrived at by the survey. And in last 3 pages Mr. VIVEK K SHUKLA has presented their observation and suggestion about the concerned topic. Now I also want to through some light on the topic and present my thought over control of crime.
Crime as has been defined, acts which are against the norms of society and sanctioned for the punishment by the state, is incomplete and ironic at present. I will discuss this under a different head. First I want to point out the reasons of the crime, present laws and my suggestions.
There were traditional crimes and so were the reasons of the crime. But the crime has multidimensional face so is the reasons. Primarily, need and want of the peoples are the main reason of crime. Rest reasons are only outcome of these important reasons. My friend Vivek k. Shukla has enumerated the substandard education as one important reason of the crime. But I think need and want play an important role in this issue also. Because people who are responsible for education are acting according to their own need and want. And this is resulting in substandard education. So for controlling the crime state must act in the manner by which need of common people can be fulfilled. State should take measures to establish standard of education which can help in producing good citizens to protect the society.
This only will not suffice the purpose. In this tremendous job law and law enforcement mechanism also have to play an important role. Today there are heavy numbers of enacted laws, strong mechanism to control the crime. But after the survey I am of the view that these laws themselves are increasing crime. According to me laws and mechanism itself is a great reason behind the crime. I don’t mean that these laws and system is bad. Today common people are thinking that laws are sufficient and system is strong enough to save the society but any of them are not working properly. Authorities are misusing the laws for their own purpose. There are laws but there enforcement is in question. For better check on crime this question should be solved immediately. I am also of the same view that of the observations that everything is sufficient. Only need of the society is that these should act honestly and transparently. Our procedural laws are main hurdle in our judicial system. These laws urgently should be replaced by new procedural laws which suits today’s fast moving civilization. It should be prepared in the way that they remain user friendly. I also think that there is requirement to develop our laws and jurisprudence now in the wake of modern technological era. This step will help us more. My friend has discussed about pendency. It is true that today India is facing pendency of the cases. He has stated that there is no requirement of modernization of the system but there is need to provide better environment to proceed with their duties. This suggestion will be welcomed by the society. Because today judges need more work hours, they don’t need computers and e-courts but they need not to hear leave applications, follow futile proceedings etc. involvement of technology should be in conducting an investigation, placing cases before a judge for hearing. This will surly reduce their work to listen the cases and decide them quickly.
Now I want to attract the attention on the political nexus with the crime. If you see the crime record graph prepared by the NCRB, then you will get that IPC crimes get a hike after 2003. Graph shows that between 2003 and 2011 there is constant high increase in crime. Graph line gets about 45 degree angle path in increasement in crime. It means when UPA hold the power of consensus crime starts with a new energy. People should understand this and demand for RIGHT TO CALL BACK their representatives from Parliament. And choose a relatively good government. In short my suggestion is that people DO POLITICS to save their society.
These were my observations and suggestions about the crime. In following pages I want to discuss the CRIME definition. And some new aspects which are important to know in contemporary world. I will try to make understood the crime as it is today and solutions.

CRIME AS IT IS TODAY


Crime has been defined by various authorities. But I arrived at a different conclusion after study. I want to show the crime from a different angle. Actually CRIME IS NOTHING BUT AN OUTCOME OF SOCIEAL CONSTRUCTION. I am saying so because if we compare the civilization and society with and construction site or with any engineering construction then we will get some common features in both. When a rode, building or anything is constructed it is obvious that there will be some garbage, useless materials etc. and no one can deny of them. Only better management solves the purpose. After better management also, there will garbage and useless raw materials. And this can be overcome by recycling. It means there is no possibility of development without deconstruction, garbage and useless materials etc. Same is with civilization, culture and society. These are not static concepts. These are dynamic. They get new meanings, new aspects and horizons. And when these changes took place it is obvious that something will remain as garbage and dust… means there could not be any change or development without this shortcoming. This garbage is the outcome from mass with the culture, civilization and society during the change and development. This garbage is crime. And there is no way to development without this. Means when development take place, changes occurs in norms of society and it changes crime increases and changes its nature. If there is need of development, be ready to face it. Then what is the way of development?? I think don’t halt your progress. But try to manage this garbage and develop a mechanism to dispose it off and to recycle these. One may ask what should be done for this. Simple answer what you do with your garbage? You dispose them with the mechanism which suits to your garbage with relatively new technologies. Means you change your system according to the need. Here also you have to devolve new mechanism according to need. Don’t through garbage in open but leave them at their place (punishment). If they are hard to place at appropriate place just try to dispose them (capital) and if they are reform able (recycle) then reform them. It means do not try to go ahead with single concept rather apply all methods carefully.
Today there is urgent need to revise all the theories of crime, jurisprudence and criminology. Because all of them are very old and they were developed in different environment. They have less applicability today. To understood this we will take example of MARX, the giant name in sociology, developed his theories taking recourse of capitalism and socialism. But, with what kind of capitalism? At that time he was clear about investment, factories, production, income, labor, and surplus. And considering these thing he propounded his theories. But at present situation has been changed. Today there is huge increase in income and in money without production. There is no production but increase in capital is fast… for example with the help of technologies (which were not visible at the time of Marx), there is increase in production without the help of workers and capital gains a new high in only hand of owner of that technologies. There is another example different from this. See the case of Vadra. 7 cror spend on land and after very short time it became 58 cror without the help of labor or any production. Here which theory of Marx in relation with capital will get applicability? If it is crime which theory of crime will get applicability? I think there is need of new theories. Most of theories were developed when technology was not as strong and means of development were limited. But now there is Intellectual properties, technologies which have defined the world and now we have the task to define the law accordingly to face the garbage of these developments.  Intellectuals are doing this job of redefining the law and crime but they too are affected by the diesis of corruption and self-serving. Some western intellectuals have recognized the peacemaking as an important tool in criminal sphere and they have pushed it in the world taking help of the international traditional customs and thoughts of great saints like MAHATMA GANDHI and NELSON MANDELA. We Indians are also being taught about the peacemaking and so called universities and intellectuals are saying again and again that India was the forerunner of the peace since the time of RAMA, KRISHNA, BUDHA, and GANDHI. They tell us that western intellectuals are claiming those things of which we have a long tradition. I want to ask one question, where, in all our holy religious texts, there is reference about peacemaking. They never subscribe of peacemaking. Because this was ineffective on crime and development. If there is any reference it is with power. You must have power so that you may solve all problems. We have MANUSMRITY, RAMAYANY, MAHABHARAT, etc for example. Manunsmrity as code strictly subscribe punishment even capital punishment for crime, RAMAYANA & MAABHARAT itself set an example to punish the wrongdoer to the extent of elimination of their civilization. All these texts suggest a way of peace but soon after they are setting example to destroy the evil. There is one line in RAMAYANY “BIN BHAY HOT NA PREET” which shows if there is no deterrence there will be no love, affection and good relation. If you have power then there will be peace, love, and crimeless society. Imagine if there were no nuclear weapons in the world. Was it possible to save the earth from the next WORLD WAR. I am sure that without these weapons we were witness of another world war.
SO DON’T BE FRUSTRATED WITH ALL THE CROWDE AND “RETURN TO VEDAS” AND RELY ON YOUR CULTURE AND HERITAGE, PUT THE DEVELOPMENT IN THAT FRAME AND WITNESS TO BE THE GRESTEST, STRONG, CRIME FREE AND PEACEFULL SOCIETY.                                                                                                                 SANJAY SINGH
WITH THESE WORDS WE FINISH OUR PROJECT



INTRODUCTION


We have completed our survey in the pre-decided three cities. In conducting this survey we have chosen participants randomly from various sections of the society. On the one hand we have taken lawyers, doctors, police personals and politicians and on the other hand we have taken students of colleges (specially graduation level), housewives, unemployed and illiterate persons. Peoples were belonging to rich families as well as poor families. We have avoided conducting the survey in particular locality and section and has done this work by choosing some members from different places randomly.
As we thought to do this job with more extensively and more scientifically but due to shortage of time we are unable to present a huge number of participants. One problem is there is also, that we had decided to take help of judges in this also but they had no much time to cooperate with us because there busy schedule and Dushehra event . But we are thankful towards them as they talk to us for few minutes and had given their valuable instructions and suggestions on crime control which has helped us a great extent.  Due to a low number of participants it will not be appropriate a chart or give a scientific mask to this project. We have taken recourse of the general inference which have fabricated in our mind.
We faced some time limitation in our work, some time members were not ready to give time some time it was hard to make them understand the question and situations. During the questions they asked various hard questions related to crimes and that shows their curiosity in controlling the crime. Those questions were such that they feel frustrated by present system of governance. They were denying that government can do anything to control the crime. Sometimes we feel that they want overall change in system.
If we try to place the situation in defined theories then we get that state is in state of confusion and anomy. They are unable to understand what have to do now? Why system is not working properly? They want to eliminate the crime but who will help them? And this situation itself now creates a crimino-genic situation which is helpful in increasing crime.
And in last we want say that in this work we will took about every aspect of crime and analyze the present law on that, reason of that crime and requirement of present society.  We will try to suggest a better way to save our society and will try to give an insight about crime.









                  


“ANALISIS OF THE CRIME, REASON, AND LAWS ON THAT”


Crime in the society means every work which is against the norms of the society and is condemnable and punishable by law (State, Sovereign). When it was asked to the peoples that what type of crime is increasing in the society drastically then answer of the general were divided as to their social status. Middle class expressly and strongly argued in the favor of political and crime against property which directly have relation to the corruption, much debated topic today. But poor people responded in favor of crime against body and crimes under I.P.C. 1860. Lawyers of the view that crime is increasing in all aspects but in rural areas there is a vast increase in crime against poor sections. Those sections do not have any relation over corruption but it is very hard to live peacefully in even their houses because strong people don’t want so….
Now we consider women.  According to the general peoples crime against women is increasing in all aspects either it is domestic violence or rape or disrespect in society. Maximum men has accepted that rape is not for pleasure, in general it is the outcome of ego and accused most probably want to teach/give a lesson to that women or family of her. IT is only polluted male domination which results in this way. Some contradicted this saying why a lady unknown to the accused is raped by them …. Reason behind this is simple POLUTED MALE DOMINATION &LOW MORAL STANTARD. People have readily discarded women’s modernization in this regard.  Talking about domestic violence it came to concussion that much situation plays behind this. Dowry and male domination play a little role in this field now. Main reasons at present are Laws for them and conflict even on general issues over in family. Present laws are providing them recourse of litigation and even a conflict out of home, and this is finally creating such a situation that help in increasing crime against them. According to the common sentiments let them do not litigate over family issues and try to strike a balance between them. But I personally do not accept this view. There should be laws which can help them more effectively.
Now comes towards children. What people think about crime against children (especially sexual abuse) and crime committed by the children? We come to the conclusion as per our data and observation that sexual abuse of children is increasing and it doesn’t matter that of what gender the child is... consensus shows that there are only cases on fingers in which accused are unknown to that children. Always their relatives or their next doors are offenders in such activity. People were not ready to include family members in this but they were also not clear that their own brothers/sisters have an eye on them, especially cousins. It is ALLARMING situation for Indian civilization. It seems abnormal but who can deny after cases, as they are coming in picture through the media. It is that there are laws for protection but who will complain?? It is a big question in bag. People suggest that law has no role here and it cannot do better job. But it doesn’t mean that there should be no law on the point. There should be, but it will be for more benefit that they and citizens get a good moral education and they remain a master of good character. This is the only way.
When we observe crime by the children, we get that children are more delinquent and criminal as in comparison with the past. They are committing heinous crimes as well as pity crimes. Children are committing some crimes for their own need but they commit crime largely for the others and under the instructions of the trend criminals. Others are using their innocence in committing crimes. On the point of law, approach is towards sufficiency of law. Only very few are recommending for strict laws and strict punishment. Approach shows that they should not be treated as criminals and let them grow in healthy environment. There are one other aspects of crime in relation to the children. That is child labor.  According to results child labor is rapidly increasing in rural as well as in urban areas. And the inflation is playing a great role in this field. Contractors, restaurants, tea stall, bricks fields, and construction spots are the major parts where they are being employed either with their consent or against their consent at very low payments. Laws are sufficient enough to curb this but that laws have been blended by the loose administration. People think that, enforceability of those laws should be insured and citizens also take cognigence of it and do not hire children. And if they are demanding for work for urgent need, give them work which do not harm their life and pay properly and also insure their education.
Now we switch over a very sensitive issue which is related to women and men both. People reported very different view against our own personal thinking. Some of them asking question about male prostitution now trending over cities.
When it was asked that is it crime or trade (though it is crime in India), people were equally claiming for both. Numbers are about to same. But with one addition, that is if it is organized. And one thing is more interesting who care ready to accept it as a trade they also want to control and curb it and also call that it is morally wrong. 0 out of 10 rural female participants considers it is crime and should be controlled strictly with strict laws and punishment to both men as well women. But result of 5 urban females was something different. 2 of 5 were in favor of prostitution if organized and controlled. They do not felt anything wrong in it if both genders are of same mind. But our study was towards prostitution as crime and peoples consider it as crime. They also suggest that both are wrong in this act. Both should be punished. They also accept forced prostitution and suggested very strong law against those criminals. Facts about their background are showing that they primarily belongs to poor families and brought in this crime and later on they and their next coming generation are compelled to remain in this practice as a reason of un-acceptance of the society to take them back in mainstream. Thus according to us the Hippocrates (people) who are saying like this they are not going to accept them back in mainstream. They are saying that education, rehabilitation, means of a secure and good life should be provided to them but they are not ready to accept them!!!!!  I have a great idea to bring it to an end. This is
Trace the places of this practice. Catch the customers. And don’t send them to prison. In spite of prison expose them to a heavy penalty for their work as they are hampering the sentiments and reputation of the STATE. And that money should be managed by a machinery who rehabilitate the prostitutes, provide schools for healthy education to them, better facilities and employment in healthy environment so that they  can make themselves to come back in mainstream society. This will really help because today people don’t get threat by prison because they know they will get bail without going to prison and later on he will on conviction will pay penalties which is very low and also will pay money in against of going to prison. And if there will be a heavy penalty on the spot, it will certainly prevent them to do such activity. Same process should be adopted in case of rape also along with imprisonment.                                                                                               (Sanjay Singh)
Now we move towards criminalization of politics and white color crimes. As we are speaking through the data we have, and the inference which we have get by meeting and talking to the people, we are trying our best to not to mix our presumptions over these issues. But where we have breached this norm we have clearly acknowledged that thing right then and there. People are of the view that politics has been criminalized totally and this is not matter of a question. Every illiterate and literate knows clearly that crime and politics has been the opposite sides of the same coin. Reason behind this is hunger of the power. And there is no other reason to justify this. Not only politics has been criminalized but about maximum if not all crimes is being committed under protection of politicians and politics. Communal riots, social divisions, etc. serious crimes are being committed by national as well as local parties. There is one important component remaining also, now that is corruption. In the race of power there is constant need of huge money which leads and catalyzes the corruption. Now at this level the lobby of politicians, bureaucrats, businessmen and everyone who can participate, participate in corruption. And this also increases the data of white color criminals. According to the people there should be strict laws and enhanced punishment for the politicians and bureaucrats for the same crimes as against the common man. Data shows that white color criminals largely belong to bureaucrats and politicians. Only need and want is the main factor in the case of politicians, pressure from the politicians on bureaucrats and businessmen along with the their personnel  need and want are the factors behind the white color crime and corruption by later two. Law of our country are not in tune with the demand and need of the society in this post modern era, as there are new horizons  of crimes created by these so called politicians and bureaucrats and business-houses. In fighting with this, people regularly suggest that, standard moral education and ethics along with good laws with effective and transparent enforceability will be an effective and final armor.
Cyber crime is important field now for the study. Peoples of our country are not aware of, about cyber space and information technologies adequately. They constantly expose themselves before cyber criminals. They do not even know what they are going to do or who is going to cheat them and harm them. When peoples asked about it they responded that this crime is increasing. They were asking that there should be strict laws and strict punishment and at present there is lack of effective law on point. Punishment is also not satisfactory. People want to know that if an MMS of a lady is created and posted publically over internet. Consequently that lady commits suicide. What punishment will be given to that culprit???? Because suicide itself is a crime and if she survives she may be prosecuted and will be awarded more punishment than the person who has committed the crime. Therefore law should be molded as such it can march with the technology. People also feel that this present police system cannot do better job in this field and there should be separate cyber police station in the reach of the every common man who is using instruments of information technology. Here I also want to suggest way in controlling this crime.
I think that today it is very easy to get a Sim card, which connects us to internet as well as mobile phones. Anyone can create e-mail account in any name without any verification of his identity. Why companies and states are so kind in guaranteeing such freedom especially in case of e-mail I’d. There are about no restriction over this issue. And these both issues play a key role in maximum cyber crimes. My suggestion is that immediately start verification of mobile connections, internet connections, and all other means which are providing interconnection facilities. Impose a strict policy over creating profiles and mail account and insure that any account could not be created without personal and residential identification along with status record such as criminal record , social status etc. I am, personally sure that after these steps cyber crime data will be sunk down rapidly.
Vivek k. Shukla
It is also necessary that people should be made aware of this crime and taught them that they immediately report authorities of the crime.
These are some important crimes which have been studied. There are several other types of crimes which have not been taken here. But crimes are crimes and those crimes can be understood on the same line. We have till now talking about crimes. Now we will take the issues of police, procedural laws and judiciary. Peoples when asked that police is strong enough or not then they with maximum number reported that police is much strong with it present tools. Problem is with their working style not with their power attached to them by the statutes. They work under the influence of political leaders and powerful and wealthy people. They work for bribe, money, and their personal benefits. If they perform their duties honestly then there are no powerful than a police person today.
Here one thing is also true that there is no requirement of enhancement of powers of police but this system is facing an urgent need of reconstitution in the wake of modern development to pace with the new development in crimes and its horizons.
Above observations were about police and when they were knocked about procedural laws in which ambit police and judiciary functions they seems to be very frank in saying that our procedural laws are out of date and those should be immediately replaced with effective one. Advocate Sri A.K.Singh told that once (the great name in Indian BAR Sri RAM JETH MALANI when he was law minister) said that “our procedural laws are tools of income for lawyers”. According to consensus procedural laws should be easy and user friendly. It will be then when police and criminal justice system might be functioning efficiently. Without reconstruction of procedural laws, all laws for better government of crime and society will be only show peace. So according to common man our procedural laws immediately should be reframed.
There were two question asking that whether laws for protection of women and for SC/ST are causing problem in there development and protection. On these questions people were divided, and some of them are strongly arguing that laws for their protection but actually they are causing problem to themselves. According to them laws for women somewhere discriminating the norms established by our cultural development, and this discrimination is justified on the ground of reasonable classification, thus these laws subsists. For example women, now have a right in property. And by these rights of females, males are feeling insecure about their properties and this state of mind is compelling to them to behave in some suspicious manner. This finally causing dispute in family and sometime a situation comes when a family leads towards litigation and relations comes to an end. Same situation is with laws for SC/ST. being discriminatory, these laws provoking forwards which results in hatred for the reserved, and ultimately crime against them.  Here one important suggestion is suggested by them. That is- don’t make laws which are based on discrimination (reasonable classification) but try to make laws which provide them good facilities for their upliftment. And in relation with crime, there is no requirement of special laws for special class. Because crime is crime whether it is against women or men, against Hindu or Muslim, against Brahmin, Kshatriya or SC/ST.
Now we will shift our analysis towards judiciary. Judiciary is strong or not? Judiciary should have executive power especially in relation with their judgment or not? On the first question people speak in favor of enhancement of power of judiciary but it also should be insured that there will be no corruption in judiciary and all the judges will be of highest moral and educated status, and also they will be highly self regulated. Because at present they have enough powers but as crime and corruption is increasing by the conjunction of politicians, bureaucrats, and business-houses, they need more power. And on the second question people goes against the constitutionally established principle of distribution of powers. They advocated that executive power should be given to judiciary. They reasoned for this, that judiciary is only delivering judgments and when they will have executive power in relation with their judgment then justice will be done.
Here, with this question our survey comes to an end.  There are various other issues which need consideration. Because we have get about totally against opinion on which laws are being made. It is also true that people have given answers emotionally but it is also true equally that if emotions and sentiments of common man are demanding for a change then policy makers should understand these things and act accordingly. This was about our analysis of the observations made by people and data we have got. Now in the following some pages we will put down our observation about crime as a whole, reason, laws and suggestion for effective tool to eliminate the crime separately.






      

CRIME: REASON, LAWS AND SUGGETIONS --------- VIVEK K. SHUKLA


Crime as has been defined by various authorities is the acts against the norms of the society and for which sanction has been subscribe. But why anyone does such act is matter of research. From long time many jurist has done good job upon this field. They have subscribed various theories of crime. Some has suggested anthropological theories which are responsible for anyone to be a criminal, some has suggested sociological theories. Various has been suggested that various situation are reason of crime. Today without any question sociological concept and various situations for crime can be accepted as a reasoning of the crime. We have conducted survey in this regard. And get that apart from these there are some other reasons also contributing in increasement of crime. At present incompliance of law is the major challenge.  There is question mark on the proper laws to govern the country. And this is playing major role in enhancing a crime. But if we try to count the reasons which are contributing in enhancement of crime then those are
·        Need and want of more money and power
·        Discriminatory laws(even within the constitutional framework in the name of reasonable classification, which is provoking discriminated section of society)
·        Unrestricted Development
·        Substandard education system. In the name of convent education capitalists are destroying morality. Today you cannot find any convent school going child who pray in their parent feet in morning. He cannot give due respect to unknown senior persons. Even he says only good morning rash fully with the color of capitalism and corporate professional culture.
·        Authorities are not listening common men.
These are some of the reasons which are increasing crime. One may ask that there are numerous laws and systems (authorities, judiciary) then why it cannot be controlled and why it is increasing. Then matter lies in the insufficiency and inefficiency of laws and authorities. Actually our laws are sufficient and efficient enough to control the crime but their enforcement is in question. Hardly there is any law which is being enforcing transparently, honestly and with dedication to curb the crime. Not only laws there are great problem with authorities working for this purpose. Police system has been instrumentality of a handful powerful politician and criminals. They are not working properly. They are strong enough to control even a larger body but due to their miss-requirement and enthusiasm for bulk money they are not performing their duties. Reason for this subsists in education system. They are not properly educated and they have no enthusiasm to respect of constitution of country and laws. This is great reason in a constant increase in crime. It is also equally true that with the development, new horizon of crime has been emerged and our system is unable to take appropriate measures to enhance its capacity accordingly by the reason of no confidence and dedication of our legislature.
                                               

                                               

 



Suggestions:


With the above discussion we want to suggest some important ways by which crime can be controlled. Those are:-

Proper education-

There should be proper arrangement of education. Here proper word is of much importance. Here proper doesn’t mean that higher education with global facilities, with parallel technologies of the rest of the developed countries High professional studies. But here proper means education with high standard of thought, with morality, love, fraternity, respect of laws and of living creature, patriotism etc.  A child, men, taught with these will ultimately come out to the mainstream as a force, which will destroy all evils of the society. Crime is only one part of that evil.

Laws should be revised:


We have many laws. But with development of society and technologies there is need to revise our laws. Our procedural laws should be very easy and user friendly so that disposal of the cases should be insured.

Authorities should be provided a tool to terminate the corrupt bureaucrats, and legislators:

 Role of democracy should be revitalized and because our democracy is mature enough, and people should have right to terminate an officer and legislator if he is not properly governing them. This will create fear in these powerful men to behave in appropriate manner and to thi9nk about law, nation and people. Today they are sovereign. Their sovereignty should be abolished and reaffirm that country with its citizens is sovereign.

Judiciary should be strengthened with some executive powers:

 Our judiciary is only delivering judgments. There is separate executive system to execute those judgments. It leads corruption and injustice which results in another crime. If it has executive powers them complete justice should be insured. And faith in laws and justice will be reestablished.

Try to end pendency in courts:


Today pendency in courts is major challenge. Every one is suggesting that e-courts and help of information technology will help in this regard.  But I am speaking against it. There is no requirement on e-court, no requirement of information tech. in fight with pendency. Please give more time to judges. They are today engaged in the works which should be done by clerks. They are hearing leave petitions. This work if done by the clerks and a judge deal with the cases only I am sure every judge will get about double time to hear the cares. And if they will have twofold time it sure the number of pendency will come down to half.
This was my some observation about the crime and important suggestions which may be helpful in curbing the crime. Some of them are against the established norms but I am sure that these are very helpful in present scenario. Anything which was against the norms one time of point became the norm and trend at one point of time. With this I conclude my point.

CRIME: REASON, LAWS AND SUGGETIONS ------------- SANJAY SINGH

I am happy that we have jointly conducted this project in want of some new thing in the sphere of crime. In previous pages we have discussed upon the results arrived at by the survey. And in last 3 pages Mr. VIVEK K SHUKLA has presented their observation and suggestion about the concerned topic. Now I also want to through some light on the topic and present my thought over control of crime.
Crime as has been defined, acts which are against the norms of society and sanctioned for the punishment by the state, is incomplete and ironic at present. I will discuss this under a different head. First I want to point out the reasons of the crime, present laws and my suggestions.
There were traditional crimes and so were the reasons of the crime. But the crime has multidimensional face so is the reasons. Primarily, need and want of the peoples are the main reason of crime. Rest reasons are only outcome of these important reasons. My friend Vivek k. Shukla has enumerated the substandard education as one important reason of the crime. But I think need and want play an important role in this issue also. Because people who are responsible for education are acting according to their own need and want. And this is resulting in substandard education. So for controlling the crime state must act in the manner by which need of common people can be fulfilled. State should take measures to establish standard of education which can help in producing good citizens to protect the society.
This only will not suffice the purpose. In this tremendous job law and law enforcement mechanism also have to play an important role. Today there are heavy numbers of enacted laws, strong mechanism to control the crime. But after the survey I am of the view that these laws themselves are increasing crime. According to me laws and mechanism itself is a great reason behind the crime. I don’t mean that these laws and system is bad. Today common people are thinking that laws are sufficient and system is strong enough to save the society but any of them are not working properly. Authorities are misusing the laws for their own purpose. There are laws but there enforcement is in question. For better check on crime this question should be solved immediately. I am also of the same view that of the observations that everything is sufficient. Only need of the society is that these should act honestly and transparently. Our procedural laws are main hurdle in our judicial system. These laws urgently should be replaced by new procedural laws which suits today’s fast moving civilization. It should be prepared in the way that they remain user friendly. I also think that there is requirement to develop our laws and jurisprudence now in the wake of modern technological era. This step will help us more. My friend has discussed about pendency. It is true that today India is facing pendency of the cases. He has stated that there is no requirement of modernization of the system but there is need to provide better environment to proceed with their duties. This suggestion will be welcomed by the society. Because today judges need more work hours, they don’t need computers and e-courts but they need not to hear leave applications, follow futile proceedings etc. involvement of technology should be in conducting an investigation, placing cases before a judge for hearing. This will surly reduce their work to listen the cases and decide them quickly.
Now I want to attract the attention on the political nexus with the crime. If you see the crime record graph prepared by the NCRB, then you will get that IPC crimes get a hike after 2003. Graph shows that between 2003 and 2011 there is constant high increase in crime. Graph line gets about 45 degree angle path in increasement in crime. It means when UPA hold the power of consensus crime starts with a new energy. People should understand this and demand for RIGHT TO CALL BACK their representatives from Parliament. And choose a relatively good government. In short my suggestion is that people DO POLITICS to save their society.
These were my observations and suggestions about the crime. In following pages I want to discuss the CRIME definition. And some new aspects which are important to know in contemporary world. I will try to make understood the crime as it is today and solutions.

CRIME AS IT IS TODAY


Crime has been defined by various authorities. But I arrived at a different conclusion after study. I want to show the crime from a different angle. Actually CRIME IS NOTHING BUT AN OUTCOME OF SOCIEAL CONSTRUCTION. I am saying so because if we compare the civilization and society with and construction site or with any engineering construction then we will get some common features in both. When a rode, building or anything is constructed it is obvious that there will be some garbage, useless materials etc. and no one can deny of them. Only better management solves the purpose. After better management also, there will garbage and useless raw materials. And this can be overcome by recycling. It means there is no possibility of development without deconstruction, garbage and useless materials etc. Same is with civilization, culture and society. These are not static concepts. These are dynamic. They get new meanings, new aspects and horizons. And when these changes took place it is obvious that something will remain as garbage and dust… means there could not be any change or development without this shortcoming. This garbage is the outcome from mass with the culture, civilization and society during the change and development. This garbage is crime. And there is no way to development without this. Means when development take place, changes occurs in norms of society and it changes crime increases and changes its nature. If there is need of development, be ready to face it. Then what is the way of development?? I think don’t halt your progress. But try to manage this garbage and develop a mechanism to dispose it off and to recycle these. One may ask what should be done for this. Simple answer what you do with your garbage? You dispose them with the mechanism which suits to your garbage with relatively new technologies. Means you change your system according to the need. Here also you have to devolve new mechanism according to need. Don’t through garbage in open but leave them at their place (punishment). If they are hard to place at appropriate place just try to dispose them (capital) and if they are reform able (recycle) then reform them. It means do not try to go ahead with single concept rather apply all methods carefully.
Today there is urgent need to revise all the theories of crime, jurisprudence and criminology. Because all of them are very old and they were developed in different environment. They have less applicability today. To understood this we will take example of MARX, the giant name in sociology, developed his theories taking recourse of capitalism and socialism. But, with what kind of capitalism? At that time he was clear about investment, factories, production, income, labor, and surplus. And considering these thing he propounded his theories. But at present situation has been changed. Today there is huge increase in income and in money without production. There is no production but increase in capital is fast… for example with the help of technologies (which were not visible at the time of Marx), there is increase in production without the help of workers and capital gains a new high in only hand of owner of that technologies. There is another example different from this. See the case of Vadra. 7 cror spend on land and after very short time it became 58 cror without the help of labor or any production. Here which theory of Marx in relation with capital will get applicability? If it is crime which theory of crime will get applicability? I think there is need of new theories. Most of theories were developed when technology was not as strong and means of development were limited. But now there is Intellectual properties, technologies which have defined the world and now we have the task to define the law accordingly to face the garbage of these developments.  Intellectuals are doing this job of redefining the law and crime but they too are affected by the diesis of corruption and self-serving. Some western intellectuals have recognized the peacemaking as an important tool in criminal sphere and they have pushed it in the world taking help of the international traditional customs and thoughts of great saints like MAHATMA GANDHI and NELSON MANDELA. We Indians are also being taught about the peacemaking and so called universities and intellectuals are saying again and again that India was the forerunner of the peace since the time of RAMA, KRISHNA, BUDHA, and GANDHI. They tell us that western intellectuals are claiming those things of which we have a long tradition. I want to ask one question, where, in all our holy religious texts, there is reference about peacemaking. They never subscribe of peacemaking. Because this was ineffective on crime and development. If there is any reference it is with power. You must have power so that you may solve all problems. We have MANUSMRITY, RAMAYANY, MAHABHARAT, etc for example. Manunsmrity as code strictly subscribe punishment even capital punishment for crime, RAMAYANA & MAABHARAT itself set an example to punish the wrongdoer to the extent of elimination of their civilization. All these texts suggest a way of peace but soon after they are setting example to destroy the evil. There is one line in RAMAYANY “BIN BHAY HOT NA PREET” which shows if there is no deterrence there will be no love, affection and good relation. If you have power then there will be peace, love, and crimeless society. Imagine if there were no nuclear weapons in the world. Was it possible to save the earth from the next WORLD WAR. I am sure that without these weapons we were witness of another world war.
SO DON’T BE FRUSTRATED WITH ALL THE CROWDE AND “RETURN TO VEDAS” AND RELY ON YOUR CULTURE AND HERITAGE, PUT THE DEVELOPMENT IN THAT FRAME AND WITNESS TO BE THE GRESTEST, STRONG, CRIME FREE AND PEACEFULL SOCIETY.                                                                                                                 SANJAY SINGH
WITH THESE WORDS WE FINISH OUR PROJECT