Description

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Context:

The home minister releases SoP for UAPA investigations, promises a new National Counter Terrorism Policy and Strategy, and combating terror involves legally empowering agencies fighting it.

Details:

A Ministry of Home Affairs release outlined the conference’s objectives: facilitating collaboration through a ‘Whole of Government’ approach and generating insights for future policy formulation.
He cautioned against the rising threat of “borderless and invisible” terrorism at the Anti-Terror Conference 2024, emphasizing the urgent need for advanced technology to effectively combat these evolving threats.

About Anti-terror Conference 2024

Category	Key Issues Discussed
Terrorist Group Formation and Criminal Linkages	Focus on preventing the formation of new terrorist groups with a "ruthless" approach as directed by Union Home Minister Discussion on organized crime's role in terror funding, especially in northeast India. Concerns over the rise of Hizb-ut-Tahrir (HuT) in southern states and transnational crime syndicates’ links to terrorism.
Case Studies and Emerging Threats	Detailed review of the Rameshwaram cafe blast with insights on the arrest of the accused through coordinated efforts between West Bengal police and the NIA. Examination of new arms and drug trafficking methods across borders using drones.
Counter-Terrorism Coordination and Strategy	Emphasis on creating a uniform anti-terror structure and enhancing coordination between counter-terrorism squads and local police at the district level. Strategies for tackling terror financing and dismantling the terror ecosystem in Left Wing Extremism-affected areas.
Technological Challenges in Terrorism	Examination of social media, VPNs, virtual numbers, and encrypted applications used by terror groups. Discussion on the impact of narcotics trafficking on national security.
National Databases for Counter-Terrorism	Use of the NIA’s national-level terror database, which includes records on fingerprints, terrorist cases, narco-offenders, and human trafficking offenders, to assist investigations.

About Organised Crime

Organized crime refers to a category of transnational, national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. It is generally thought of as a form of illegal business, some criminal organizations, such as terrorist groups, rebel forces, and separatists, are politically motivated.

Many criminal organizations rely on fear or terror to achieve their goals or aims and maintain control within the organization. They may adopt tactics commonly used by authoritarian regimes to maintain power. Some forms of organized crime simply exist to cater to the demand for illegal goods in a state or to facilitate the trade of goods and services that may have been banned by a state (such as illegal drugs or firearms).

In India, organized crime includes activities such as drug trafficking, arms smuggling, human trafficking, extortion, and illegal mining.

Symbiosis between Organized Crime and Terrorism

The analysis focuses on two main dynamics: terrorist groups engaging in criminal activities to fund their ideological pursuits, and criminal groups employing terrorist tactics for financial gain. Primary criminal activities include drug trafficking, migrant smuggling, and money laundering, while terrorism tactics range from murder and kidnapping to extortion and attacks on civilians and infrastructure.

How does Organised Crime in India Work?

Organised crime is defined as “those involved, normally working with others, in continuing serious criminal activities for substantial profit, elsewhere”. Organised criminals that work together for the duration of a particular criminal activity or activities are what we call an organised crime group.

Organised crime group structures vary. Successful organised crime groups often consist of a durable core of key individuals. Around them, there’s a cluster of subordinates, specialists, and other more transient members, plus an extended network of disposable associates.

Legal Position in India On Organized Crime

Organized crime has always existed in India in some form or another. It has, however, assumed its virulent form in modern times due to several socio-economic and political factors and advances in science and technology. Even though rural India is not immune from it, it is essentially an urban phenomenon.

Category	Key Measures and Actions
Anti-Trafficking Nodal Cell	Established by the Ministry of Home Affairs (MHA) as a central point for communicating decisions and following up on action taken by state governments to combat human trafficking
Ministry of Women and Child Development Programs	Funds NGO-run shelter and rehabilitation services for women and children through two key programs: Ujjawala program: specifically for female sex trafficking victims Swadhar program: for women in difficult circumstances
International Agreements	India has signed agreements with Bangladesh, Nepal, Bahrain, and other nations to curb human trafficking
Drug Trafficking Statutory Measures	Enactment of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the Prevention of Illicit Trafficking of Narcotics Drug and Psychotropic Substances Act, 1988, to address various aspects of the drug problem
Operation Dhvast (2023)	NIA, in coordination with Punjab and Haryana Police, dismantled a Terrorist-Gangster-Drugs-Arms Trafficking nexus
International Conventions	India is a signatory to all three UN Conventions on drugs: Single Convention on Narcotics Drugs, 1962 1971 UN Convention on Psychotropic Substances 1988 UN Convention against Illicit Trafficking of Narcotics Drugs, Psychotropic Substances Supports global efforts led by UNODC to combat drug trafficking
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2021	Introduced in Lok Sabha with key features including: Establishment of investigation and rehabilitation authorities at district, state, and national levels Anti-Trafficking Units to be set up for victim rescue and case investigation

Role of Organized Crime in Terror Funding

Implementational Challenges:

Absence of a Specific National Law	There is no specific national-level law to combat the menace of organized crimes.
Ineffectiveness of Existing Laws	General laws like criminal conspiracy and special Acts by some states are inadequate as they target individuals rather than criminal groups. When a few members are apprehended, the group's activities continue with minimal disruption.
Difficulty in Gathering Evidence	Organized crime groups have hierarchical structures, making it challenging to trace their leaders. If a group member is caught and makes a statement naming a higher-up, such a statement is inadmissible under Section 25 of the Indian Evidence Act. Additionally, limited resources in most states lead to inadequate support for police investigations.
Lack of a National Coordinating Agency	There is no national-level agency to coordinate efforts among state police, the Central Bureau of Investigation (CBI), and other agencies to effectively combat organized crime.
Political Differences and Cooperation Issues	Disparities in political opinions create a lack of cooperation between central and state governments, complicating efforts to tackle gangster-related issues.

Suggestions

For the eradication of this problem following suggestions are given:

As organized crime has become an international problem, therefore, it is necessary to raise the issue at the international level.
The police and other investigating agencies must be properly trained to deal with this crime.
There should be a ban on these offenders to contest any election be it of parliament, state assembly, panchayat, etc.

Conclusion

Although there is no specific law at the national level to deal with organized crimes, there are general laws that deal with organized crimes and some states have enacted specific laws to eradicate this evil.

READ ABOUT

Unlawful Activities (Prevention) Act, (UAPA) 1967

AIR SPOTLIGHT

United Nations Counter-Terrorism Trust Fund (UNCTF)

GLOBAL TERRORISM

STRENTHENING INDIA'S COUNTER-TERRORISM

Reference

https://www.legalservicesindia.com/article/1290/Organized-Crime-In-India.html

Source:

THE HINDU

PRACTICE QUESTION

Q.Discuss the various channels and methods used by terrorist organizations to finance their activities through illicit networks. Evaluate the role of international in disrupting these networks and preventing the flow of funds to terrorist organizations. (250 words)