CRIME DOES PAY
A 12-year-old mentally challenged girl is allegedly raped by her neighbour; one of the owners of a huge farm house is arrested for plotting the murder of his brother-in-law; an IAF pilot loses his life in an incident of road rage; a 35 year old woman, allegedly a rape victim, is thrashed by the family members and neighbours of the accused in public; a former airhostess is shot dead on a main road during night time, and an hour after that a retired army officer is grievously hurt when he resists attempts to rob him of his car; and a 24 year old blind girl is sexually assaulted and robbed in the university area by the driver of the auto rickshaw in which she was traveling. These are some of the incidents of crime that occurred recently in Delhi and near by areas.
Incidents like these cause great suffering and loss to the individual victims of crime and their families and friends. Economic and social loss, however, is much greater, as they create a feeling of fear and insecurity. “Every crime destroys Edens more than our own”
How does one explain the spurt in crime in the national capital? All types of explanations are being given. While some are ascribing it to the influx of criminals from other states, like UP, Bihar etc., others are associating the ill with increasing population and rapid urbanisation. The other favourite explanations are the widening of economic disparities between classes, changing of traditional value system, spread of consumerist values, influence of cinema and TV, and, of course, the inefficiency of the police- the all time favourite punching bag.
While some of these explanations may be valid, an elementary fact has not been adequately recognised. A large number of persons are committing crime, planned or otherwise, because law does not deter them any more. They feel that the chances of being caught are less and of being punished even lesser. “Commit a crime and the earth is made of glass” is what Emerson said long ago. The present earth this side of the world is definitely not made of glass. It is not only that a large number of people are getting away after committing crime; even after being caught, they succeed in defeating justice. The way the criminal justice system is functioning in this country, it holds no great terror to any one and, therefore, does not deter even those who are on the brink, what to talk of the hardened ones. While crime is increasing, conviction rate is declining and the number of cases pending in courts is becoming alarmingly large and it takes years to settle them.
The State is failing not only to prevent crime but also to deal promptly, justly and effectively with those who commit it. This has two harmful effects. One, it results in eroding public faith and confidence in the capability of the criminal justice system to control crime. The public are unwilling to cooperate with the system and its functionaries to control crime; it prefers in many cases to take law in their own hands and deliver instant ‘lynch justice’ to those who are caught while committing crime or even to suspects of crime. However, vigilantism, by public or by police, does not help in controlling crime. Two, fear of crime increases and it always grows at a rate faster than crime. It affects the quality of life enjoyed by citizens in many ways. They avoid moving out of their homes and known environs, particularly during certain times of the day, feeling paranoid about the dangers lurking elsewhere. They do not feel safe even inside the homes and start searching for alternative ways of protecting themselves and their property, like employing private security guards, using safety and protective devices, organising citizens’ patrols, forming vigilante groups etc. Inside or outside homes, the worst affected by this feeling of insecurity are women.
Over a period of time, crime has increased and its nature changed, with new types of criminality emerging fast, but the ability of the police to investigate it successfully has not improved. There are of course various problems. There has been tremendous increase in the workload of the investigating officers and often it becomes too heavy to be borne with any reasonable efficiency. Despite rapid advances in science and technology, an average investigating officer depends on traditional methods of crime investigation, including the use of third degree. In fact, a survey done a few years ago showed that the application of forensic science was limited to less than 6 % of IPC cases The police officers also feel that there are various inadequacies in laws that have remained unchanged- some for decades and others for centuries. The important laws like the Indian Penal Code, the Evidence Act and the Police Act were legislated by the British during the second half of the nineteenth century and they have remained unchanged.
We keep on blaming the British for the type of police and legal system established in this country. Foreign rule in this country ended more than 60 years ago. Nobody asks the question- why haven’t we taken steps during more than six decades to improve the system? It is not only the functioning of the police, but also of the courts that needs to improve if crime has to be controlled.
Every society gets the kind of law enforcement it deserves. Criminalisation of politics in this country has obstructed the growth of professional policing and given rise to a culture that negates the impression that crime does not pay. Crime does pay and is being seen to pay.
