This article has been written by Amlan Dey pursuing a Lord of the courses (judiciary test prep) from LawSikho.

This article has been edited and published by Shashwat Kaushik.

Highlighting the history of armed crime groups

In the chronicles of human history, as we recognise, the history of organised crime has cast a long and dark shadow, leaving a trail of violence, corruption, and chaos in its wake. Organised crime has had a significant impact on both society and the economy. The rule of law was undermined, public trust in institutions was eroded, and social instability was caused. In addition, the illegal activities of these crime groups, such as drug trafficking and money laundering, have severe economic consequences, causing an increase in costs for law enforcement and hindering economic growth. Insights from human psychology and their nature highlight violence as the major component of human society as it satisfies the craving for power, a source of gaining money through less effort and quenches the immense thirst for ego. Throughout history, various types of organised crime groups have emerged, each with its own unique characteristics and activities. Groups such as the Sicilian Mafia and Yakuza in Japan have adapted their methods to exploit opportunities for profit and power, operating in diverse regions and cultures. Whether it is the drug cartels in South America or the triads in China, organised crime groups have thrived by engaging in activities such as smuggling, extortion, prostitution, and cybercrime, leaving a lasting impact on societies worldwide.

Defining organised crime

According to the United Nations Office on Drugs and Crime (UNDOC), the defining characteristic of organised crime is its organisation. Unlike random, unplanned, and individual criminal acts, organised crime involves planned and rational acts carried out by groups of individuals. This distinction is crucial in understanding the nature and scope of organised crime.

The organisation of criminal groups allows them to operate systematically and efficiently, enhancing their ability to commit crimes and evade detection. They typically have a hierarchical structure with leaders, managers, and foot soldiers, each with specific roles and responsibilities. This structure enables them to specialise in different aspects of criminal activity, such as drug trafficking, human trafficking, or money laundering.

Moreover, organised crime groups often establish networks and partnerships with other criminal organisations, both domestically and internationally. These alliances allow them to share resources, information, and expertise, further enhancing their criminal capabilities. They may also engage in corrupt practices, such as bribing public officials or infiltrating legitimate businesses, to facilitate their criminal activities and gain protection from law enforcement.

The organisation of criminal groups also contributes to their resilience and adaptability. When individual members are arrested or incapacitated, the group can quickly replace them with new recruits, ensuring continuity of operations. Additionally, organised crime groups are often able to adapt their activities in response to changing law enforcement strategies or shifts in the criminal landscape.

The distinction between organised crime and other forms of criminal conduct is important for several reasons. Firstly, it helps law enforcement agencies prioritise their resources and target the most serious and sophisticated criminal threats. Secondly, it allows policymakers to develop targeted interventions and prevention strategies that address the unique characteristics of organised crime. Finally, it raises awareness among the public about the dangers posed by organised crime and the need for collective action to combat it.

According to Section (1)(e) of Maharashtra Control of Organised Crime Act, 1999 “organised crime” means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person or promoting insurgency;

Origins and evolution of organised crime groups

The origins of violent crime groups can be traced back to the 1930s in the USA, when organised crime started operating right after the enactment. Initially, their business consisted of selling illegal/contraband liquors. With each illegal activity, they earned a high margin of profit, which resulted in more treacherous crimes. This in the later part resulted in addition to hijacking of liquors, extortion, kidnapping, and protection to weaker gangs, brothels, gambling, etc. In doing so, they faced several gang rivalries to expand the area of business; bloodshed was common to achieve power, thrive for the post of supremacy amongst them was common. As the industry in America became organised, organised crime groups were also becoming organised as they kept adapting and improving with the changing times.

To grasp the phenomenon of organised crime, we need to look not only at our country but at the world. There is nothing new to the concept, as it traces back to the same old days; rather, the definition of crimes has been changed or renamed from old to new. As we see, banditry and piracy, as well as smuggling, existed from the very start. The rampaging hordes of Ghengis Khan and Attila the Hun need no repetition. Thugs and Pindaris used to cause huge destruction by looting travellers and killing thousands of innocent lives. All of them had their own closed-knit groups, either based on caste and tribe or based on a common profession.

In organised crime groups, many of the people come from the lower tribe/cast or caste, are illiterate and find no job alternatives. A few emerge from political confusion and make full use of power vacuums and unrest caused by social pressure, how people act towards each other, and other factors to establish their control. Others arise from organised illegal businesses, which expand to include more violence and money-making trips/businesses. Their operations have been further enhanced by the advancement of technology over time, enabling smooth communication and coordination across huge distances.

Structure and hierarchy

Central to the functioning of armed crime groups is their (related to certain things being ranked above or below other things) structure, similar to military organisations. A small group of people at the top who hold power plan the operations and provide orders on the specification of the jobs to be done successfully. Lieutenants and enforcers who are below them are in charge of executing and preserving the orders and discipline within their rank. This pyramid of power not only secures/makes sure of wasting very little while working or producing something but also breeds a culture of fear and loyalty, where disagreement is met with fast and often violent/difficult or brutal results.

Activities and enterprises

Armed crime groups start/work on many illegal activities, ranging from drugs and arms to moving things illegally from one place to another secretly and illegally by taking out or bringing in theft by threatening and human trafficking. These operations are often managed and done with high-quality military or organised tactics, using fancy or smart strategies to get away from the police and make money as big as possible. The huge sums of money created fuel further acts of something getting bigger, wider, etc., enabling these groups to break into legal/real and true businesses and be dishonest in a way that ruins your trust in the public (people in charge of something) without being punished.

Growth of organised crime                     

A gang generally starts with a single person committing a crime and recruiting a few goons under him. He succeeds in making money through his single module operandi, be it smuggling, bootlegging, or any other illegal profession. Once he is established in a small area, he buys protection from the police and customs for himself and his goons through bribery. When this stage is reached, the next step is to turn on the small-time criminals seeking protection under his shed, either by joining him or by providing protection money. However, new territories are exploited as illegal money flow increases. The third stage turns out to be gang rivalry, gang wars resulting in bloodshed where one of the strongest and most ruthless gangs or groups emerges and takes over the new area, making its territory bigger under its control.

The vast amount of money flow increases the operandi of business investing to boost protection by bribing the superior authorities, such as supporting the government winning elections by providing funds and muscle power, safeguarding oneself and family members in the absence, and hiring the best defence advocates. The funds accumulated from gangs are invested in legitimate businesses such as hotels, real estate, cinema halls, transport companies, travel agencies, etc.   

Motive

The fastest and largest amounts of money can be earned through organised crimes. The gang members receive high pay even at the lowest level of the ladder as a result. Through honest work, they have been able to maintain a lifestyle they couldn’t have achieved. Criminally inclined youths are attracted to join armed organised groups because of the opportunity to earn huge sums of money with reasonably small risks. With very little risk and the assurance of exceptional legal aid and medical facilities for protection.

Most popular armed groups organisation

Among several criminal gangs actively operating in India, the most popular include the Mumbai underworld, the D-Company, the Chhota Rajan gang, and the Bawaria gang. These gangs are involved in a range of illegal operations, such as contract assassinations, extortion, and drug trafficking. In India, particularly, the Northeastern part has also long been involved in quelling civil wars that are dispersed around the nation, combating separatist insurgencies, especially in the North East and controlling civil conflicts that are spread across different parts of the country. Terrorism and transnational   crime are particularly prevalent in India due to several factors, such as being a major heroin exporter and producer, as well as regional drug trade through overland and maritime routes.

Majorly in the north-eastern part of our country, conflicts arising from the fighting for ethnic identities and homelands and some running the insurgency as an industry to spin easy money without any political ideology gave rise to few popular groups, viz.

1. United Liberation Front of Assam (U.L.F.A.),
2. Bodo Liberation Tigers, National Democratic Front of Bodoland (N.D.F.B.), 
3. the United People’s Democratic Solidarity (U.P.D.S.).

Conclusion

The government must strengthen its collaboration to disrupt transitional networks and stop the flow of illegal commodities. Apart from this, the core causes of organised crime, such as poverty, inequality, and political corruption, must be addressed. The fight against armed criminal gangs may appear overpowering in the presence of such a powerful opponent. However, the presence of strong willpower, cooperation, and unwavering dedication to justice can make it a possible war to win. By lifting the curtains on organised crimes and throwing lights into the shadowy areas of society, expectations of creating a safe environment for the upcoming generations can be visualised.

References

• https://www.unodc.org/e4j/en/organized-crime/module-1/key-issues/defining-organized-crime.html
• https://www.satp.org/satporgtp/countries/india/document/actandordinances/maharashtra1999.htm