The Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act has recently come into focus with charges being laid against former United States President Donald Trump and some of his associates. The allegations included forgery, false statements, impersonation of a public officer, influencing witnesses, and conspiracy. Incepted as a US federal law in 1970 to fight organized crime, especially mafia-related activities, the RICO Act also has its state-wise versions, like Georgia’s RICO Act established in 1980. A contravention under this Act can attract up to 20 years of imprisonment.
Interestingly, India also has a similar law to combat organized crime – the Maharashtra Control of Organised Crime Act (MCOCA), 1999. Though primarily designed for Maharashtra, it extends its jurisdiction to the National Capital Territory of Delhi too. Noncompliance with the provisions of this Act could lead to up to three years of imprisonment or a fine.
The Concept of Organized Crime
Organized crimes are activities carried out individually or collectively by members of a criminal group aiming to gain financial or other advantages. These crimes could take various forms such as organized gang criminality, racketeering, syndicate crime, and smuggling. Given their covert nature, these crimes exploit gaps in law enforcement and regulations.
Legal Position on Organized Crime in India
India’s struggle with organized crime is not new. However, modern socio-economic, political factors and technological advancements have given it a more virulent shape, making it predominantly an urban issue. Despite having several laws like the National Security Act,1980, and the Narcotic Drugs and Psychotropic Substances Act, 1985, India lacks a specific national law for organized crime. Instead, some Indian states have enacted their laws based on the state’s requirements. India is also part of several international treaties to suppress organized crime worldwide, such as United Nations Convention against Transnational Organized Crime (UNTOC), United Nations Convention against Corruption (UNCAC), and United Nations Office On Drug And Crime (UNODC).
The Challenges in Tackling Organized Crime
The key challenges in combating organized crime include an absence of a dedicated law for organized crime groups, difficulties in obtaining proof due to hierarchical insulation and witness protection issues, lack of resources and training, absence of national coordination agency, and the ongoing nexus between criminals, politicians, bureaucrats, and media.
Recommendations for Effective Combat Against Organized Crime
Innovative strategies are needed to fight organized crime effectively in India. These could include developing a comprehensive national law based on globally successful models like the RICO Act, setting up specialized training centers for law enforcement agencies, increasing funding for technology and infrastructure, creating a central agency for coordination and information exchange, enforcing stringent monitoring mechanisms to curb the criminal-political nexus, and encouraging civil society groups and human rights organizations’ active involvement.
