TYPES OF DEVIANCES HARI K. BRAHMBHATT ROLL NO. 03 LL.M. (PART 1) CRIMINAL LAW GROUP 1 ST YEAR (2 ND SEM.)
TYPES OF DEVIANCES There are many forms of deviances such as 1) Official deviance Bureaucrats, Judges, Legislators. 2) Professional deviance. Legal, Medical, Education, Journalist, engineers, architects and publishers. 3) Police deviance 4) Landlord deviance 5) Deviance in Electoral process 6) Gender based Aggression 7) Trade Union Deviance
OFFICIAL DEVIANCE By Bureaucrats Bureaus is an administrative unit and Bureaucrats means official who conduct rationally the work of such administration. Bureaucrats act against the official rules, code of conduct. Vast discretionary powers are given to bureaucrats and judicial control is very feeble. Only the mandatory duties can be enforced by the court of law. Discretionary duties cannot be compelled by the court. Red tapism (delay in action) Corruption is a taken to grant license to the permit. (Many times money is given only two speed of the procedure) The Bureaucrats often abused their official position to obtain valuable things, possession of property disproportionate. Relation between legislator and corrupt government officers.
OFFICIAL DEVIANCE By Judges The court procedure has become tedious and dilatory and a costly affair. There is doubt about the integrity of the court staff including magistrate and judges. The judges takes bribes to influence their decision, giving biased decisions and misappropriation of funds. Judges are reported to be influence by political pressures and threats , some of them have personal contacts with lawyers who work for them and in written judges give result of case in their favor. Generally judges are Sympathetic towards socio economic crimes .
OFFICIAL DEVIANCE by Legislators The legislator should only serve the interests of the electorate but certain group often try to influence legislator by offering money or information and in exchange for policy favor. Corruption by legislators has become a dominant mode of official deviance. Huge sum of money is collected by way of contribution to party fund from industrialist and in return they get grants, licenses and favorable polices for doing business and making profit. Law on sensitive topic such as minorities, personal laws of minorities are not so consider. (Affect the Vote Bank ) Amount of money spend in election. Deviance legislator nominate quotas for diesel, Petrol Pump, Paper industry etc. in favor of their own relative or favorable person. Criminals and legislator have a close relationship.
PROFESSIONAL DEVIANCE Lawyer, Teachers False evidence are presented by lawyers, engaging professional witnesses, using dilatory tactics in collusion with the administrative staff of the court. Professional criminal gang have their own trusted lawyers, who keep their bail bond and habeas corpus writ ready before their arrest. Having favorable relation with the police officers, medical practitioner . Chamber practices . Teachers are involved in taking private tuition though they are banned from doing it. Teachers of private school and collages give admission by collection huge amount of money called donation. By giving the question to be asked in exams or passing poor academic performed student.
PROFESSIONAL DEVIANCE Doctors and Journalist Doctors are involved in corruption including issuance of false medical certificate, helping illegal abortions, secret service to dacoits, selling sample drug, recommending particular medicines only and that to from a particular medical store. Dilatory tactics adopted for extracting huge money, false postmortem report, performing sex determination test, false medical claim, kidney business. Professional journalist are found involving in corruption like extracting money for not leaking the information, blackmailing. The political leaders, public servant, big professional are victim of corrupt journalist. Paid news, Yellow journalism.
POLICE DEVIANCE Police deviance occurs when the police officer is corrupted in a form of not lodging the FIR, including unnecessary sections, sexual harassment, illegal surveillance. Making false evidences. Involved with political leaders and worked for they personal benefit of political leaders. Taking money even after licenses are granted to 24 x 7 running restaurants, bars, shops etc.
Landlord deviance, Deviance in Electoral Process, Gender based Aggression, Trade Union Deviance The poor and uneducated, in the time of crises when there is need for money they are dependent or rich and powerful land owners (ZAMINDAR) who in return bluff them by taking their land and never returning. Booth capturing and fraudulent Voting, use of muscle power, fake candidates. Homosexuality, unnatural offenses.