Organized Criminal Networks: A Challenge to Indian Democracy

06 Mar, 2003    ·   974

Prafulla Ketkar highlights the need for the Indian administration to take the challenge of organized crime more seriously


In the last fifty-five years, Indian polity has faced many challenges in maintaining its democratic system and in recent times, sophisticated criminal networks have emerged as the latest threat. Though organized crime, characterised by non-ideological, continuing, violent and illegal group activities, is not new to the Indian system, there are reasons for concern.

§         In the globalized era, borders are porous, information technology speeds financial flows around the globe and trade barriers have broken. With this new situation, movements of funds through illegal means have become easier. According to Mumbai Police records, hawala (money laundering) transactions averaged more than Rs. 30,000 crores ( US$ 6.25 bn) a year in the 1990s.

§         The days when gangsters were the puppets of politicians have gone. Now criminals are acquiring key decision-making positions by fighting the elections. As part of election strategy, they help common people in social, financial and legal matters. There are reportedly 700 legislators, including 40 Members of Parliament, with criminal antecedents. More than forty-seven percent of the representatives in local self-governments in Maharashtra have criminal backgrounds; in states like UP and Bihar, this is as high as seventy to eighty percent. This reveals that organized criminal activities are no longer limited to urban centres but has percolated down to the grassroots. The criminals have manipulated both the political and the legal system. Long pending cases and liberal approach of the Indian judiciary towards criminals has made a mockery of the legal system. Top politician lawyers like Kapil Sibal and Ram Jethmalani are defending criminals as part of their professional commitment. Most often police or public prosecutors are bribed; the JW Singh case in the Mumbai high court reveals the criminal connections of the judges.

§         In metropolitan cities, the nature of organized crime has changed. In Mumbai, established criminals do not commit violent crimes on their own. Instead they hire local gundas (thugs) for minor issues like vacating houses or lands off squatters. Unemployed youth from UP and Bihar are utilized for heinous crimes like suparis (contract killing); these youth are ready to commit crimes for lower payments and being fresh criminals, they are not on police records.  

§         Another feature is the nexus the underworld has established with the Indian film industry (Bollywood) and terrorist elements. According to a legal expert, the bond between Bollywood and the underworld is founded on mutual coexistence. The Dubai-Karachi-Mumbai trafficking of smuggled films and audio cassettes has a turnover of Rs. 40,000 crores (US$ 8.3 bn) each year. The irony is that actors having criminal connections enjoy overwhelming popularity among the Indian masses. As for the nexus between organized criminal groups and the underworld, this was fully exposed after the 1993 Bombay blasts. In the Aftab Ansari case relating to the attack on the American Centre in Kolkata, the CBI was successful in establishing the links between the mafia, terrorists and the ISI in Pakistan.

Organized crime in contemporary India is a complex issue. Liberalisation has led to widening the gap between aspirations and fulfilment. Crime and money are gradually shaking the faith of educated Indians in the political system. The perceived collapse of the judicial system provides legitimacy to the nefarious activities of criminals. 

The question on how to counter this trend does not have a straightforward answer. Fortunately, due to the active role of the media, there is increased awareness about the politics-underworld nexus. There is a need for deeper research into the meaning and functioning of organized crime. Urgent reforms in the Indian electoral and judicial system are essential to break the links between political parties and muscle-money power. The disclosure of candidates’ assets and their involvement in criminal cases should be made obligatory.

The Election Commission and the Supreme Court have already taken some initiatives in this regard. But the disappointing fact is that twenty-one major regional and national political parties teamed up to annul those steps. Even the recent amendment to the Indian Representation Act 1951 is inadequate. Judicial procedures need to provide safety and security to witnesses, fair selection procedures for public prosecutors, effective documentation of investigation, speedy justice and reinstate the people’s faith in the police and judiciary. Laws are never bad; their effectiveness lies in the will to implement them. The havoc of organized criminal networks has wreaked the nation’s politics, economy and security. We have no other option but to garner public opinion to pressurize the administration into facing the challenge seriously.

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