Open Access Research Article
SOCIO-ECONOMIC CRIMES IN INDIA CAUSES AND REMEDIES
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Article Details
SOCIO-ECONOMIC CRIMES IN INDIA
CAUSES AND REMEDIES
AUTHORED BY - YATI YADAV
& SUSHANT MISHRA
ABSTRACT[1]
Socio-economic crime has stretched
its lethal tentacles like an octopus in our nation and the rest of the globe.
It affects our culture like cancer. Socio-economic crimes are different from
regular crimes because they affect more than just one person or group of
people's health or money. Socio-economic crimes affect the whole community. This
list of socio-economic crime characteristics shows how it differs from other
types of crime. This article discusses the exclusion of mens rea and conviction
only based on actus reus in cases of socio-economic crimes.
The reasons for socio-economic crimes
are examined here, including increasing consumerism, low pay and increased
discretionary powers for government employees, a lack of morals and emotions of
nationalism, little impact on the victim's position, lack of transparency in
the government system, poverty, and low literacy rates, among other factors.
Here, several strategies to combat this threat are also covered, including
fines, seizure of the offender's property, quick trials, standardization and
quality control, blacklisting, and other measures. In this article, the author
will talk about the nature of socio-economic crime, its causes in India, and
potential solutions.
Introduction
Despite the current situation where
corruption and hypocrisy seem to be the natural outcome of democracy, democracy
can exist without such negative traits. The nation is being ruined by the
detrimental effects of both monetary wealth and corrupt practices. Dishonest
politicians exploit the common man by embezzling profits and disregarding our
autonomy. The problem of socioeconomic offenses requires immediate attention,
not only for our country but for the entire world. Smartly restated: Crimes
categorized as socio-economic offenses are those that have a detrimental effect
on the well-being and financial stability of either the wider society or the
whole nation's economy. Usually, these transgressions are carried out by
individuals belonging to the upper echelons of society and from the
middle-class stratum. They are primarily executed during the course of their
regular employment, which may encompass occupations such as trading, professions,
commerce, or business.
Socioeconomic offenses are commonly
referred to as white-collar crimes. It is dissimilar to "Blue Collar
Crime," or other traditional modes of delinquency. White-collar crime is
commonly known as Public Welfare Offences. The concept of "White-Collar
Crime" first emerged in criminology with the publication of Sutherland's
investigation on the matter in the American Sociological Review in 1941.
He says that "white-collar
crime" is when people with good reputations and high social status commit
crimes while doing their job. Right now, white-collar crimes aren't just
limited to tech crime, healthcare fraud, and stealing ideas. They include lots
of different wrong actions, like taking money from work, offering bribes,
working with others to do bad things, hiding money illegally, breaking
anti-monopoly laws, cheating on taxes, and not following rules.
Characteristics Of Socio-Economic
Offences:
The main traits of socio-economic
offenses are as follows-
1) Socio-economic crimes are deemed
more egregious than traditional offenses due to their ability to affect not
only an individual's health and financial security.
2) In contrast to traditional crimes,
socio-economic offenses are defined as unlawful acts carried out by members of
society's middle and upper classes while engaged in their line of work.
3) In contrast to traditional crimes,
socio-economic offenses are defined as unlawful acts carried out by members of
society's middle and upper classes while engaged in their line of work.
4) Socio-economic offenses are
committed via means other than physical force, such as trickery and fraudulent
tactics. Crimes related to socioeconomic factors are not the result of
emotional influence.
5) Socio-economic crimes are the
result of a mind that is corrupted.
Socio-economic crimes and Mens Rea
According to conventional criminal
law, a person cannot be charged with a crime unless they had the intentional
intent to conduct the crime. The law occasionally relaxes the mens rea
requirement for holding people accountable for socio-economic crimes. They
typically undermine interpersonal harmony and harm human values, welfare, and
health. Socioeconomic offenses inevitably include some amount of guilty
mentality, even though establishing them in court might be difficult. Even if
it might be simple to prove actus reus in cases of this nature. It is essential
to officially exclude cases of socioeconomic infringement from the mens rea
duty as a result. Research Magazine, a publication of the USLR and USTM, is
mentioned. In such cases, the burden of proof shifts from the prosecution to
the accused, who is required to prove their innocence. To address
socio-economic offenses, the Supreme Court considered the fact that mens rea is
a crucial component of a crime.
Main causes of Socio-economic crimes:
The root causes of socioeconomic
crime can be traced back to the policy environment and outdated colonial laws
that offer individuals in positions of power and decision-making a high degree
of flexibility and opportunities to commit such offenses.
In a state-controlled mixed economy,
the Indian government employees exercise their authority and judgment to
construe laws and procedures in a manner that aligns with their interests. All
of them add to the occurrence of prolonged administrative processes or
bureaucratic hurdles. The barrier can be eliminated by the prompt availability
of funds. It is sadly common in India for individuals to offer bribes to obtain
essential documents such as birth certificates, passports, driving licenses,
construction permits, tax assessments, ration cards, pension orders, death
certificates, and more, as a means of circumventing legal regulations.
Poorly-drafted laws presented an
opportunity for unscrupulous individuals in positions of authority to interpret
them according to their personal inclinations and subjective whims.
The main causes of socio-economic offenses
are outlined in the following list:
Industrial Revolution: The country changed as it moved from
an agrarian to an industrialized state, which caused traditional offenses to be
replaced by these new ones.
World War II: The terrible post-war circumstances
in the countries caused changes in the way society generally functioned. New practices
led to the emergence of fresh offenses.
• Business: The introduction
of new businesses in the nation sparked intense competition among them.
Everyone worked extremely hard to surpass one another.
• Technology: These crimes
also have a connection to the beer-loving culture in our nation. The
development of knowledge and technology is a result of a reduction in belief in
the supreme deity.
• Absence of morals: As the
fear of the unknown beyond our physical world diminished, moral and ethical
standards began to deteriorate. The result of this has been an increase in
falsehood, avarice, and the quest for material fulfillment.
• Laissez-faire: The country
is now facing significant consequences that are easily observable due to the
government's decision not to intervene. By focusing on accurate data and giving
appropriate consideration, these illegal activities can be minimized throughout
the nation.
The lack of organized and strong
public discontent
Ineffective government function due
to lack of transparency:
The responsibilities of government
have expanded significantly with the rise of industrialization, liberalization,
foreign investment, multinational companies, and privatization. In addition to
traditional duties such as maintaining law and order, providing healthcare and
education, creating policies and laws, and managing defense and international
relations, the state now faces a plethora of new challenges. Hence, excessive
policy manipulation resulting from established protocols and regulations can
cause a surge in corrupt activities. Consequently, the prevalence of corruption
is higher among the upper echelons of the government, which impacts the
allocation of import quotas, management of natural resources, and assignment of
substantial contracts. The conduct of government employees during the awarding
of contracts is not transparent enough. Corruption is thriving due to the
excessive presence of inspectors. In India, a greater disparity between the
availability and need for any economic good or service leads to increased
corruption, creating an ideal breeding ground for white-collar offenses.
India's low literacy rate and Poverty:
No doubt, the incidence of
white-collar offenses in India is largely attributable to its high levels of
poverty and low literacy rates. This is because a significant number of people
who fall victim to the white-collar crimes committed by the privileged classes
are also impoverished and lacking in education. Individuals in positions of
significant power may commit fraudulent or scandalous acts unbeknownst to their
faithful followers due to their lack of knowledge regarding political,
educational, cultural, and economic rights. The World Bank and affluent
countries such as the United States, United Kingdom, France, Germany, and Japan
provide billions of dollars in loans to underdeveloped and destitute nations
around the globe, leading to a correlation between poverty and corruption.
These loans are designed to facilitate the building of crucial facilities, such
as those for healthcare, sanitation, basic education, technological
advancement, rural progress, and poverty reduction, among various other
purposes.
It is important to identify the
recipients of aid and to ascertain whether it reaches people who are lower down
the hierarchy or those who are higher up.
As those who are economically and
educationally disadvantaged are unable to question the unfair structures in
place, a lack of education and financial stability are important factors that
contribute to corruption. Raising the literacy rate is therefore essential.
According to research, several areas have improved over the past ten years. Our
parliament made a wise decision when it added Article 21(A) to the
Constitution, which recognizes primary education as a fundamental human right
and puts us on the correct course for advancement.
Insufficient moral education and
nationalism
Well-known philosopher C.S. believes
that the most atrocious wrongdoing does not necessarily occur in the infamous
criminal settings portrayed by Dickens. Lewes can be rephrased as "the
town of Lewes" or "the locality of Lewes." This concept is
established, supported, approved, and formulated by composed individuals
sporting clean-cut appearances, who work in immaculate, comfortable, and
well-lit workplaces, and do not need to raise their voices.
Insufficient moral education at the
secondary and tertiary levels is also a notable cause of corruption. A gradual
deterioration in ethical principles can be observed in the personal as well as
societal aspects of individuals' conduct.
Individuals with a disregard for
ethics continue to participate in fraudulent and other immoral business practices.
The uttered phrases conveyed by C.S. Lewes are straightforward in depicting the
characteristics of individuals who are involved in committing socio-economic
crimes.
Corruption is exacerbated by the
absence of a sense of national identity as individuals tend to focus on their
own financial gain and self-interest at the expense of the country's welfare.
During the war for independence, Indians demonstrated a remarkable degree of
patriotism. Collectively, they collaborated in toppling the tyrannical regime
of the British and its immoral officials. After gaining independence, Indians'
absence of patriotic spirit became prevalent, which led to increased corruption
in government and working sectors due to the lack of a strong sense of
nationalism over the course of two decades. Moreover, there is evidence
indicating that corruption proliferates as public servants, authorities, and
politicians hold absolute and unchallenged power. When public officials have
significant discretion and are not held accountable, it creates a breeding
ground for corrupt behavior.
Slow sentencing process:
As per King Solomon, individuals have
wholeheartedly embraced wrongdoing because the punishment for such deeds hasn't
been expedited. Delay in delivering justice can result in the denial of
justice. One who has been accused or charged with a crime.
A small number of individuals who
have committed socio-economic offenses are found guilty and penalized, which
results in others being motivated to commit similar offenses. This also leads
to an increase in crimes related to socio-economic status. In the absence of a
robust legal system, certain individuals may be inclined to participate in
corrupt activities as there is no mechanism in place to promote transparency,
oversight, and responsibility. They engage in this behavior as they are aware
of their impunity. To prevent corruption in the formulation and execution of
public sector budgets, it is imperative to establish a legal and regulatory
framework that supervises politicians and other individuals. Social and
internal control procedures are indispensable for both civil society and
independent state auditing bodies. Individuals holding authoritative roles tend
to be more prone to engaging in misconduct such as embezzlement of federal funds,
election rigging, or other activities that provide personal gain at the cost of
the masses if there is a lack of regulatory laws or insufficient enforcement of
such laws.
Possible Remedies
Punishment
Bentham argued that rather than any
spiritual or abstract attributes, the level of criminality should be determined
by the extent of harm caused to society. In addition to his point of view, he
claimed that to achieve the corrective and preventive goals of penalization,
strict and appropriate punishment is required for crimes committed to enhance
personal satisfaction, such as those falling under the category of
socio-economic offenses. Unfortunately, it appears that these situations happen
more frequently when the perpetrators are treated leniently and carelessly, and
the penalty meted out is insufficient and out of proportion to the gravity of
their transgression.
Imprisonment
Imposing a mandatory sentence of
imprisonment for socio-economic offenses with a set minimum term of time might
be a workable answer to this problem. It is advisable to implement a minimum
mandatory sentence in jail to strengthen the law in addition to calling for the
harshest punishment possible. Adding such a clause to the plan, according to
many, could make it more difficult for the court to issue rulings. The judicial
system has yet to acknowledge the significance of handling crimes related to
socioeconomic reasons in a different way than traditional crimes, even though
there are relatively few instances of this happening.
Fines
Crimes related to socioeconomic
status are often motivated by excessive greed and a desire for financial gain.
It is crucial to prevent these perpetrators from keeping the financial rewards
of such crimes. Hence, these offenders must be also subject to appropriate and
reasonable sanctions, in addition to the mandatory term of imprisonment. The
punishment ought to match the advantages gained legally.
As per Bentham's belief, the use of
the pronoun "I" plays a crucial role in suppressing the temptation to
engage in an unlawful act. People must be motivated by the goal of committing
less offense, rather than by the fear of punishment.
An excessive use of force is better
than an inadequate penalty, as the latter fails to properly address the wrong
that has been committed. The outcome of this action does not bring any
advantages to both the public, who remains defenseless to the same crimes, or
the offender, who does not undergo any positive transformation.
Charging a fee could be a
supplementary punishment for individuals, but for businesses and organizations,
imposing substantial penalties may be the sole way of imposing consequences. It
may seem unusual, but it is indeed accurate that social and criminal justice must
be equally considered when punishing those who commit socio-economic crimes.
Failing to do so risks discrediting the justice system and eroding public trust
in it.
Quality assurance and standardization
Socio-economic offenses frequently
occur within the realms of food, medicine, pharmaceuticals, and cosmetics. The
rampant prevalence of contaminated food, counterfeit drugs, substandard beauty
products, and other contraband has a significant adverse effect on the
community's well-being and sanitation.
Regulations are put into place to
ensure the safety of goods intended for human consumption in the areas of food,
drugs, and cosmetics. Stringent quality control measures are enforced at both
the manufacturing and distribution levels to monitor and maintain these
standards. Complying with the minimum standards for purity and content will
significantly assist in eliminating this epidemic.
To enhance and boost sales of their
merchandise, manufacturers utilize various tactics, including the distribution of
deceptive and inaccurate information, as well as the creation of fraudulent
research studies and statistics. This generates a need for a specific item,
which is then promoted and marketed, resulting in individuals being persuaded,
fooled, and encouraged to make a purchase. It is crucial to carefully examine
the falsehood and trickery present in dishonest propaganda and advertising
activities. To safeguard the community against fraudulent activities and
prevent the repetition of such offenses, it is imperative to create mechanisms
that guarantee the claims made in advertisements align with the actual
qualities of the promoted products. These measures should supplement the
existing quality control procedures.
Due to the development of technology
and escalating rivalry, the malpractices changed with time. People's illicit
activities used to be rather simple, but today they are getting more dangerous,
complex, and sophisticated.
The widespread belief is that only
traditional criminal offenses are significant, and individuals who commit such
offenses must endure legal repercussions. People must understand the need of
holding those responsible for unusual offenses accountable for their actions.
The upkeep of the nation's social and financial framework is overlooked
although common offences like murder and theft are well known.
Conclusion
Socioeconomic crimes harm the whole
community rather than just one person, having a significant negative effect on
society. All people who own investments, such as shareholders, are affected. To
boost their revenue, people engage in a variety of criminal behaviors,
including contract violations, tax evasion, and black marketing. The only
reason people are willing to perform these chores is to increase their
financial gain.
Everyone must think about measures to
protect the social and economic foundations of society. The psychological
characteristics of persons who perpetrate the crimes must be taken into account
when determining the seriousness of socioeconomic crimes and the related legal
punishments. People need to understand how crucial it is to protect social and
economic resources since they are just as important to our nation as any other
resource.
[1] This
Research Paper article had been authored and co-authored by Yati Yadav and
Sushant Mishra, 4Th Year Law Students at Manav Rachna University’s
School of Law.
Article Information
SOCIO-ECONOMIC CRIMES IN INDIA CAUSES AND REMEDIES
Authors: YATI YADAV, SUSHANT MISHRA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/02
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
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