Agenda Item Four
Dr. Hira Singh
International Director
Asia Crime Prevention Foundation
Survival being the most basic instinct of the animal world, every
man strives to meet his physiological needs before he is able
to recognise the values of mutuality, cooperation and interdependence
with his fellows. Despite diverging opinions on the extent to
which man is a rational economic or emotional social being, the
importance of the 'economic' factor in crime cannot be undermined.
While poverty, as it is generally understood, may not be a direct
cause of crime, an individual facing stark deprivations is certainly
more vulnerable than the others to social maladjustment and criminogenic
culture. Such a reality is particularly pronounced in developing
countries where a chunk of human population lives below 'poverty
line' and is devoid of an equitable sharing of socio-cultural
and economic opportunities for a satisfied living. The situation
is further compounded when, in the wake of industrialisation
and consequential urbanisation, the poor migrants in search of
livelihood cluster around slums and squatter dwellings and while
living in state of social marginalisation are rendered prone
to criminal behaviour. Apart from the fact that poverty is the
worst negation of human rights, it generates conditions responsible
for social deviance, delinquency and crime. Thus, the criminal
justice system has a definite stake in the mankind's quest of
creating an environment free from hunger and want, and, as the
instrument of an orderly functioning of society, has to delineate
its role towards this end.
2. In India, poverty alleviation is being pursued as the major
objective of development plans. A three-pronged strategy has
been adopted to reduce poverty, including: (i) accelerated economic
growth with a focus on sectors which are employment intensive;
(ii) human and social development through basic minimum services;
and, (iii) targeted anti-poverty programmes. In the Ninth Five
Year Plan, a priority has been placed on agriculture and rural
development, food and nutrition, security for vulnerable sections
of society, social mobilisation to encourage the participation
of the poor in development process, and the empowerment of women,
Scheduled Castes and Scheduled Tribes and others disadvantaged
groups. For the last twenty years, a variety of schemes have
been implemented for the welfare of the poor, by way of wage
employment and self-employment, development of women and children
in rural areas, provision of housing, augmentation of rural infrastructure,
employment assurance in backward areas, social assistance to
households in the case of old age, death of primary bread earner
and maternity, gainful employment to the unemployed and the underemployed
in urban areas, etc. As a result of such concerted measures,
the poverty ratio has declined in rural areas from 56.4 in 1973-74
to 37.3 in 1993-94 and, in urban areas, from 49.0 in 1973-74
to 32.4 in 1993-94. However, the absolute number of people below
poverty line remained almost the same (321.3 million in 1973-74
and 32.3 million in 1993-94), primarily because of the rise in
general population in the intervening period.
3. It is being increasingly realised that the programmes for
poverty alleviation have to be reinforced in the light of various
civil, political, economic, social and cultural rights that people
are equally entitled to under the Constitution of India. There
is a national consensus that the pattern of economic growth has
to keep the welfare of the poor, the weaker and the disadvantaged
in the centre-stage. Accordingly, apart from raising the expenditure
on social services, effective measures are to be taken to ensure
that the delivery mechanisms are non-discriminatory and the facilities
are accessed by the poorest of the poor. In order to ascertain
that the benefits of development are shared by all on an equitable
basis, irrespective of their socio-cultural and economic status,
local bodies and NGOs are to be actively involved in the implementation
of plan schemes. People themselves are required to be sufficiently
empowered to overcome poverty through self-help endeavours, collective
initiatives and fuller participation in decisions that affect
their lives. While the Government is legitimately concerned with
the formulation of policies and programmes for eradicating poverty,
the role of civil society, especially in establishing transparency
and accountability, has to be clearly spelt out. With globalisation
and free market economy, the legal obligations of multinationals,
business houses and financial institutions towards protecting
the rights and interests of the poor have to be clearly defined.
Of course, in a free society, the media, with its tremendous
impact on public opinion, has to function as a powerful agent
in building a climate conducive to the human dignity of and solidarity
with the poor in their fight against poverty.
4. Obviously, battle against poverty has to be waged within the
framework of social justice for which the rule of law is a pre-condition.
Whereas no formal system on its own can undo the aberrations
of the wider socio-economic system, it can surly serve as an
enabling tool in achieving this goal. In this perspectives, the
criminal justice system can make a substantial contribution to
the national efforts to alleviate poverty by concentrating broadly
on three areas: (i) combating such crimes as are directly responsible
for the disruption of economy, social cohesiveness and well-being
and welfare of people at the grass-roots level; (ii) curbing
conditions responsible for the abuse and exploitation of the
vulnerable sections of society such as women, children, minorities,
ethnic groups and the economically backward; and, (iii) protecting
human rights and development interests of the poor in the administration
of justice. In doing so, the criminal justice system itself may
have to undergo basic reforms in terms of a progressive rationalisation
of domestic laws, a continuous process of the modernisation of
enforcement machinery, methods and apparatuses, and a vigorous
involvement of social support systems in enhancing the reach,
institutional capacity and organisational efficiency of its organs.
Further more, in counteracting situations that perpetuate poverty,
it may have to extend beyond its traditionally operative confines
and to assume a more active pro-poor social engineering role.
For this purpose, it would be necessary for the court to discard
its 'hands off' doctrine towards what happens to people in open
society, in favour of a judicial scrutiny, and even intervention,
when the human rights of the poor are found in jeopardy.
5. In making a dent on poverty, economic offences pose the biggest
challenge to the criminal justice system. These offences may
include: tax evasion, corruption, smuggling, money laundering,
land hijacking, trade in human body, illicit trafficking in arms
and drugs, frauds, etc. More often than not, such crimes are
perpetuated by men of means with a considerable amount of self-determination,
precision and sophistication. In their transnational and international
dimensions, economic crimes are found to be induced and supported
by highly organised powerful syndicates, the kingpins of which,
because of the political and economic influence they command
in society, manage to remain beyond the reach of law. The implications
thereof are most ominous for developing countries, not only to
national economy and public peace but also to the poor who, with
the siphoning off of the development benefits by the rich, continue
to be paced in a state of social marginalisation and economic
alienation. What is much more disastrous is that the poor because
of their vulnerability are easily sucked in by the money power
and instrumentally used in organised crime. In India, besides
the relevant provisions of the substantive laws, a number of
special laws have been enacted to regulate customs, excise, taxes,
foreign exchange, narcotic drugs, banking, insurance, import
and export, etc. In addition to the stringent penalties, some
of these laws also provide for the confiscation of proceeds of
such crimes and forfeiture of assets accumulated there from.
There is, however, a strong view that the criminal justice system
must sharpen its teeth and plug loopholes to cope more effectively
with the onslaught of economic offences. In liquidating criminal
syndicates operating across national borders, the need for a
coordinated action on the part of various law enforcement agencies
of the countries concerned is also being articulated in various
quarters.
6. Because of various inequalities, discriminations and handicaps
that they have traditionally been subjected to, the condition
of women among people below poverty line is much more precarious
than that of their male counter-parts. Despite a global campaign
for their emancipation, they continue to be largely dependent
on and subordinated to men in different walks of life, and consequentially,
being devalued and oppressed. In most societies, when a family
is in crisis, its female members suffer most and rendered vulnerable
to various kinds of abuse and exploitations. Even when recognised
as offenders, they are more of a victim of situational compulsions
than the perpetrators of crime. Therefore, in the planning of
programmes for the alleviation of poverty, a priority on women's
empowerment and gender justice becomes inevitable and the criminal
justice system has to act against unscrupulous elements thwarting
this process. In pursuance of its Constitutional mandate, India
has introduced a variety of legislative measures to secure for
women equal rights, to counter social discriminations and atrocities
against them, and to provide support services for their special
care and protection. Along with the legal safeguards available
to them at par with men, a concerted action is being taken to
check crimes which are specifically directed against them, broadly
falling under two categories: (i) under the Indian Penal Code,
such as, rape, kidnapping and abduction, homicide for dowry or
dowry death or their attempts, torture, molestation, sexual harassment
and importation of girls, etc., and (ii) under special laws,
such as, abrogation of their rights in the family, marriage and
work place, immoral traffic, dowry, child marriage, indecent
representation and commission of 'Sati', etc. There is much scope
for strengthening such measures.
7. The economic and social marginalisation of the poor deprives
a vast population of children in developing countries of their
right to grow normally in body and mind. In many countries, population
explosion in the face of shrinking resources has compounded the
problems of survival, security and sustainability of the poor,
creating an environment of destitution, desperation and despair
for their children. As children constitute the supreme asset
for the making of tomorrow, the failure of society to bring them
up as wholesome individuals not only intensifies extreme poverty
but also exposes them to abuse and exploitation, and, eventually,
to victimisation in crime. Apart from a widespread violence against
such children within and outside the family, child labour, child
prostitution and child begging are some of the most sordid forms
of child abuse. In several countries, a large number of poor
children are found to be living or working on the street in search
of livelihood through odd jobs in sub-human and degrading conditions.
A rising trend of the abuse of children for unconscionable gain,
their instrumental use in crime, and the plight of children being
transported across national borders under the garb of adoption,
marriage or employment and ultimately subjected to cruelty and
torture, are also of grave concern for any civilised society.
Though, in India, comprehensive provisions against such nefarious
activities exist in substantive and special laws, there is an
urgent need to invigorate their implementation. Now that most
of the countries are signatories to the United Nations Convention
on the Rights of the Child, it is high time that the role of
criminal justice system in protecting the rights of children
in extreme poverty is redefined.
8. The Criminal Justice System can also significantly contribute
to the alleviation of extreme poverty by legally safeguarding
the rights and interests of the weaker sections of society. India
has a first-hand experience to share with other countries of
the democratic measures initiated to resolve the problems of
social inequality and class divide, including the enforcement
of special legislations specifying certain acts as offences against
weaker sections of society, by identifying two major social groups
termed as 'Scheduled Castes' and 'Scheduled Tribes'. The overall
strategy is to secure distributive justice and allocation of
resources to support programmes for social, economic and educational
advancement of the weaker sections in general and Scheduled Castes
and Scheduled Tribes, Backward Classes and Minorities, in particular.
The protection of Civil Rights Act, 1955, has totally abolished
untouchability in any form. The Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, aims at protecting
them against injustice and any from of exploitation. By enacting
these laws, the concept of positive discrimination in favour
of weaker sections has been extended to the field of criminal
law, as the penalties prescribed in these special legislations,
are more stringent than those for corresponding offences in other
laws. A speedy trial of cases coming within their purview is
being ensured with special courts set up in major cities. While
such laws are seen to have a salutary impact on the process of
the desired change, there is a candid awareness that the problems
of weaker sections of society have to be addressed in all their
facets. Poverty is a complex problem, both cause and effect of
disorganisation at the individual, familial and societal level,
and, as such, has to be tackled through mutually reinforcing
coordinated efforts on the part of various law enforcement and
development agencies.
9. Doubtlessly, the criminal justice system which proclaims to
be based on the principles of fairness and equity needs to establish
its credentials for being equally fair and equitable to the poor
as to the rich, in actual operation. Crime statistics in most
countries would clearly show that the poor when accused of an
offence is more likely to be arrested and detained , mainly because
of his low and insecure status. The liberalisation of bail system
has helped the rich more than the poor and the proportion of
people from the lower strata in the under-trial population is
much larger than their proportion in the general population.
Lack of legal and social support places the poor in a position
of disadvantage all through the criminal justice process. Even
when found guilty, the chances of the poor to be treated through
community corrections rather than prisons are much lesser than
those of the rich. Thus, the poor in conflict with law seems
to be victimised twice, once, when he is denied of his basic
needs to lead a life consistent with human dignity and gets into
situations of social maladjustment and vulnerability to crime,
and, second, when having been recognised as an offender, he is
unable to fully defend his rights and is grinded in the mill
of criminal justice. The Criminal Justice System has, therefore,
an onerous task to perform in ensuring that the persons coming
from extreme poverty are dealt with on an equal footing with
those on their own, which, in turn, will have a bearing on the
amelioration of conditions that are responsible for their social
deviance.
