WHITE COLLAR CRIMES (PRIVILEGED CLASS DEVIANCE) for

CUET By Legal Narrative

Unit 1
Introduction & Concept of White-Collar Crime

I. Introduction to White-Collar Crime

White-collar crime, a term coined by Edwin Sutherland in 1939, refers to non-violent crimes
committed by individuals in high-status positions during their professional activities. These
crimes are often financially motivated and involve deceit, concealment, or a violation of trust.
Unlike traditional street crimes, white-collar crimes occur in corporate, governmental, or
professional settings, affecting economies and public trust on a large scale.

Definition of White-Collar Crime

According to Edwin Sutherland:

"White-collar crime is a crime committed by a person of respectability and high social status in
the course of their occupation."

Important Characteristics of White-Collar Crime:

1. Non-violent in nature – Unlike traditional crimes, these crimes are usually committed
through deception.
2. Economic in motivation – Primarily financial gains drive these crimes.
3. Perpetrated by the privileged class – Offenders belong to influential sections of
society.
4. Highly concealed & complex – Often difficult to detect due to their sophisticated nature.
5. Socially injurious – Causes significant economic damage, weakening institutions.

II. Indian Approaches to Socio-Economic Offences

In India, socio-economic offences (including white-collar crimes) have been recognized as
distinct from traditional crimes due to their large-scale impact on society. The 47th Law
Commission Report (1972) emphasized that such offences should be penalized differently as
they threaten economic stability and public confidence in institutions.

Legal Framework on White-Collar Crime in India:

1. Indian Penal Code, 1860 (IPC)

o Section 406-409: Criminal Breach of Trust
o Section 415-420: Cheating & Fraud
o Section 463-471: Forgery and Counterfeiting

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2. Prevention of Corruption Act, 1988

o Targets bribery, abuse of power, and corruption among public servants.
3. Companies Act, 2013
o Penalizes corporate fraud and mismanagement.
4. Income Tax Act, 1961
o Regulates tax evasion, money laundering, and financial frauds.
5. Prevention of Money Laundering Act, 2002 (PMLA)
o Designed to combat money laundering and financial crimes.
6. Information Technology Act, 2000
o Addresses cybercrimes like hacking, identity theft, and online fraud.
7. SEBI Act, 1992
o Regulates insider trading and market manipulation.
8. Essential Commodities Act, 1955
o Prevents hoarding, black marketing, and unethical trade practices.

III. Forms of Privileged Class Deviance

White-collar crimes can be categorized based on the sectors where they occur. The following are
significant forms of privileged class deviance in India:

1. Official Deviance (Legislators, Judges, Bureaucrats)

This includes corruption, bribery, and misuse of power by public officials.

 Legislators’ Deviance: Involves political corruption, nepotism, and vote-buying.

Examples:
o 2G Spectrum Scam
o Commonwealth Games Scam
 Judges’ Deviance: Includes judicial corruption, manipulation of judgments, and
favoritism. Example:
o Prasad Education Trust Case (Judicial Bribery)
 Bureaucratic Deviance: Bureaucrats engage in bribery, red-tapism, and favoritism in
policymaking. Example:
o Coal Allocation Scam

2. Professional Deviance

Refers to unethical practices by professionals such as doctors, lawyers, and engineers.

 Medical Malpractices: Fake treatment claims, unnecessary surgeries.

o Example: Vyapam Scam (Fake medical entrance admissions)
 Legal Deviance: Lawyers engaging in false litigation, bribery, or delaying cases for
personal gain.
 Educational Fraud: Fake degrees, manipulated university admissions.

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3. Trade Union Deviance

Some trade unions engage in illegal strikes, extortion, or collude with industrialists for financial
benefits.

 Example: Bombay Mill Strike, where political influence was misused.

4. Land Law Deviance (Land Mafia & Real Estate Fraud)

White-collar crimes in land acquisition, land grabbing, and illegal real estate activities.

 Benami Transactions: Illegal real estate holdings using proxy ownership.

 Illegal Land Acquisition: Forceful land grabs by politicians or corporates.
 Example: Adarsh Housing Scam (Mumbai)

5. Upper-Class Deviance

The upper class engages in financial frauds, tax evasion, and corporate corruption.

 Banking Frauds:
o Example: Nirav Modi PNB Scam (Loan fraud)
 Corporate Frauds:
o Example: Satyam Scam (Manipulation of company accounts)

6. Police Deviance

Police personnel engage in corruption, custodial violence, and fake encounters.

 Examples of police deviance:

o Ishrat Jahan Fake Encounter Case
o Vikas Dubey Encounter Case

7. Gender-Based Deviance

Deviance against women, where influential individuals engage in harassment, exploitation, or

gender discrimination.

 Workplace Harassment:
o Example: #MeToo Movement cases
 Dowry and Domestic Violence by Affluent Families

8. Deviance by Religious Leaders and Organizations

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Religious organizations have been involved in financial frauds, sexual exploitation, and
radicalization.

 Religious Frauds:
o Example: Asaram Bapu Case (Sexual Assault)
o Example: Ram Rahim Case (Dera Sacha Sauda)

IV. Distinctive Features of White-Collar Crimes in India

1. Political-Industrial Nexus: Politicians, bureaucrats, and industrialists collude in large-
scale corruption.
2. High Economic Impact: Causes major financial loss and economic instability.
3. Difficult Detection & Conviction: Due to power, influence, and complex mechanisms.
4. Media Influence: Selective coverage often protects influential offenders.

V. Measures to Prevent White-Collar Crimes in India

1. Legislative Measures

 Strengthening Prevention of Corruption Act and PMLA.

 Strict whistleblower protection laws.

2. Administrative Reforms

 Increased transparency in governance.

 Digitalization to reduce corruption in bureaucracy.

3. Judicial Reforms

 Fast-track courts for economic offences.

 Special tribunals for corporate frauds.

4. Ethical Awareness & Education

 Mandatory ethics training in corporate and government institutions.

 Public awareness campaigns against white-collar crimes.

VI. Conclusion
White-collar crime is a sophisticated and deeply rooted issue in India’s socio-political structure.
The privileged class, including legislators, judges, bureaucrats, and corporate professionals, often
engage in deviance that causes immense economic and social harm. Addressing these crimes

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requires strong legal frameworks, institutional integrity, and public participation in ensuring
accountability.

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Unit 2
Official Deviance & Prevention of Corruption
Act, 1988

1: OFFICIAL DEVIANCE
1. Introduction

Official deviance refers to unethical or illegal actions by public officials in the course of their
duties, often violating laws, policies, or ethical standards. It differs from ordinary crimes as it is
committed by individuals in positions of power and responsibility, frequently under the cover of
their official capacity.

2. Concept & Definition

 Merton’s Strain Theory: Suggests that officials commit deviance when they face
pressure to achieve institutional goals through unethical means.
 Sutherland’s Differential Association Theory: Indicates that officials learn deviant
behavior through interactions with corrupt peers.
 Becker’s Labeling Theory: States that official deviance is often ignored or downplayed
due to social status.

3. Types of Official Deviance

Type Example Legal Implication

Bureaucratic Manipulation of public policies for Prevention of Corruption Act,
Corruption personal gains 1988
Representation of People Act,
Political Corruption Vote rigging, bribery in policymaking
IPC
Favoring a party in exchange for illegal
Judicial Deviance Contempt of Courts Act
benefits
Corporate Deviance Tax evasion, fraud, insider trading Companies Act, SEBI Act
Police Deviance Fake encounters, custodial torture NHRC Guidelines, IPC

4. Causes of Official Deviance

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1. Structural Factors – Weak accountability mechanisms, excessive discretion.

2. Economic Factors – Low wages, high cost of living, financial greed.
3. Political Influence – Patronage systems, nepotism.
4. Cultural Acceptance – Normalization of corruption in society.
5. Weak Enforcement – Inefficiency in investigating agencies, judicial delays.

5. Consequences of Official Deviance

✅Loss of Public Trust – Erodes faith in governance.

✅Economic Loss – Leads to financial frauds, embezzlement of public funds.
✅Weakens Rule of Law – Encourages criminal behavior among officials.
✅Democracy at Risk – Corrupt electoral practices threaten democratic values.

2: PREVENTION OF CORRUPTION ACT, 1988

1. Historical Background

 Santhanam Committee (1964) – First recognized the issue of corruption as a national

security threat.
 Prevention of Corruption Act, 1947 – Laid the groundwork for criminalizing
corruption.
 Prevention of Corruption Act, 1988 – A more comprehensive legal framework to
combat corruption.
 Amendments (2018) – Strengthened the punishment and accountability mechanisms.

2. Salient Features of the Act

✅Covers Public Servants & Private Entities – Unlike its predecessor, this Act covers private
individuals assisting in corruption.
✅Stringent Punishments – Minimum 3 years (extendable to 7 years) for corruption-related
offenses.
✅Provision for Whistleblower Protection – Protects individuals who expose corruption.
✅Attachment of Property – Allows seizure of assets acquired through corrupt practices.
✅Presumption of Guilt – Reverses the burden of proof in certain corruption cases.

3. Important Sections of the Act

Section Provision
Section 7 Public servant taking gratification other than legal remuneration
Section 8 Bribing a public servant

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Section Provision
Section 9 Corruption in business transactions
Section 10 Punishment for abetment of offenses under Sections 7, 8, and 9
Section 11 Public servant obtaining a valuable thing without consideration
Section 12 Punishment for abetment of offense
Section 13 Criminal misconduct by a public servant
Section 14 Habitual offenders face harsher punishment
Section 15 Attempt to commit an offense punishable under Section 13
Section 16 Matters related to attachment and forfeiture of property acquired by corrupt means

4. Important Amendments (2018)

Criminalizes Bribery by Individuals & Companies – Prior to 2018, only public servants
were liable; now, even private entities offering bribes face penalties.
Time-bound Trials – Cases must be disposed of within 2 years.
Redefines Criminal Misconduct (Section 13) – Narrows the definition to include
misappropriation and dishonest performance of duty.
Prior Sanction Required for Investigation – Strengthens protection for honest officials.

5. Challenges in Implementation

 Lengthy Legal Proceedings – Trials often extend beyond stipulated time.

 Political Interference – Influences investigations and legal proceedings.
 Weak Institutional Mechanisms – CVC, CBI, and Lokpal lack autonomy and sufficient
resources.
 Lack of Public Awareness – Fear of retaliation discourages whistleblowers.

6. Comparison with Global Anti-Corruption Laws

Country Anti-Corruption Law Important Feature

USA Foreign Corrupt Practices Act (FCPA) Criminalizes bribery of foreign officials
UK UK Bribery Act, 2010 Covers private sector corruption
China Anti-Corruption Law, 2018 Death penalty for severe corruption cases
India Prevention of Corruption Act, 1988 Focuses on public servant corruption

7. Role of Judiciary in Preventing Official Deviance

Vineet Narain v. Union of India (1997) – Laid down guidelines for the autonomy of CBI.
Manohar Lal Sharma v. Principal Secretary (2014) – Declared coal block allocations

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illegal due to corruption.

Subramanian Swamy v. Union of India (2014) – Struck down the requirement of prior
sanction to investigate high-ranking officials.

8. Preventive Measures & Way Forward

Institutional Reforms – Strengthen Lokpal, CVC, and CBI.

Use of Technology – Blockchain, AI, and Big Data for tracking financial frauds.
Citizen Participation – Strengthening RTI Act, encouraging public audits.
Electoral Reforms – Curb black money in elections.
Strict Compliance with International Standards – Aligning with UNCAC (United Nations
Convention Against Corruption).

MODEL QUESTIONS
1. Objective Questions (MCQs)

1. Under which section of the Prevention of Corruption Act, 1988, is “criminal misconduct”
defined?
a) Section 7
b) Section 9
c) Section 13
d) Section 15
2. The landmark case Vineet Narain v. Union of India is related to:
a) Electoral Reforms
b) Corruption in the Judiciary
c) Autonomy of CBI
d) Money Laundering

Conclusion
Official deviance is a structural issue that erodes public trust and weakens governance.
Strengthening legal frameworks, ensuring judicial independence, and leveraging technology are
Important to combating corruption effectively. The Prevention of Corruption Act, 1988, is a
robust law, but its success depends on its implementation, political will, and public participation.

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Unit 3
POLICE AND POLITICIANS’ DEVIANCE; N. N.
VOHRA COMMITTEE REPORT; LOKPAL AND
LOKAYUKTA INSTITUTIONS

1. POLICE AND POLITICIANS’ DEVIANCE

Introduction

 White-collar crimes often involve the abuse of power by the privileged class, particularly
politicians and law enforcement officers.
 Deviance in these institutions erodes public trust and weakens the rule of law.
 Political and police deviance often intersect, leading to a nexus between crime, politics,
and governance.

Forms of Deviance in Police and Politics

Category Police Deviance Political Deviance

Bribery, extortion, favoritism in Vote-buying, nepotism, misuse of
Corruption
recruitment public funds
Collusion with criminals, fake Ties with organized crime, shielding
Criminal Nexus
encounters, illegal detentions criminals for votes
Third-degree torture, custodial Undermining institutions,
Abuse of Power
deaths, false cases against rivals pressurizing police for political gains
Judicial Manipulating evidence, delaying Interference in investigations,
Interference cases influencing judges
Electoral Bias in handling protests, Use of police for voter suppression,
Malpractices suppressing dissent booth capturing
Negligence & Ignoring complaints, delaying FIRs Failure to act against criminals in
Inaction for political reasons their party

Case Studies & Examples

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1. Police Deviance:

 Saharanpur Custodial Death Case (2020): A case of custodial torture leading to death,
exposing police brutality.
 Hashimpura Massacre (1987): PAC personnel were accused of killing 42 Muslims
during riots in Uttar Pradesh.
 Mumbai Encounter Killings (1990s-2000s): The rise of “encounter specialists” raised
concerns over extrajudicial killings.

2. Political Deviance:

 2G Spectrum Scam (2008): Political favoritism in telecom licensing led to massive

revenue loss.
 Vyapam Scam (Madhya Pradesh): Politicians, bureaucrats, and police officers were
involved in a recruitment scam.
 Coal Scam (2012): Politicians manipulated the allocation of coal blocks, causing
financial loss to the state.

The Crime-Politics Nexus: Theoretical Frameworks

1. Robert Merton’s Strain Theory:

o When social structures prevent politicians and police officers from achieving
success through legal means, they resort to deviant behaviors.
2. Edwin Sutherland’s Differential Association Theory:
o Criminal behavior is learned through interactions. Politicians and police personnel
exposed to corrupt environments adopt deviant practices.
3. Conflict Theory by Karl Marx:
o The ruling class (politicians and bureaucrats) manipulates laws and institutions for
personal gain, ensuring immunity for their crimes.

2. N. N. VOHRA COMMITTEE REPORT (1993)

Background

 Appointed by the Ministry of Home Affairs in 1993 to examine the nexus between
politicians, criminals, and bureaucrats.
 The committee was led by N. N. Vohra, the then-Home Secretary.

Important Findings

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 Deep-rooted Nexus: Organized crime, politicians, and law enforcement agencies have
strong ties, affecting governance.
 Black Money & Electoral Corruption: Money laundering and illegal funds
significantly influence elections.
 Parallel Economy: Criminal networks operate financial empires outside the formal
economy, funding elections and controlling police.
 Weak Enforcement: Despite laws, political and bureaucratic shielding prevents legal
action against criminals.

Recommendations

 Strengthening Intelligence Networks to detect political-criminal alliances.

 Electoral Reforms to curb money power in politics.
 Establishing Independent Investigative Bodies to probe political corruption.
 Fast-Tracking Cases against politicians and police officials involved in crime.

Impact & Aftermath

 Inaction: The report was submitted in 1993 but was not acted upon for years due to
political reluctance.
 Judicial Activism: Courts started taking suo motu action against criminal-politician
nexus.
 Rise of Lokpal and Lokayukta: The recommendations contributed to discussions on
anti-corruption bodies.

3. LOKPAL AND LOKAYUKTA INSTITUTIONS

Introduction

 Lokpal (at the central level) and Lokayukta (at the state level) are statutory anti-
corruption bodies tasked with investigating corruption allegations against public
officials, including politicians and bureaucrats.
 These institutions were established following public outcry over corruption scandals like
Commonwealth Games Scam (2010) and Coalgate Scam (2012).

Lokpal and Lokayukta Act, 2013

Feature Details
Lokpal Chairperson + up to 8 members (50% from judiciary, 50% from
Composition SC/ST/OBC/Women/Minorities)

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Feature Details
Covers PM (with restrictions), Ministers, MPs, Group A/B/C/D officers, and
Jurisdiction
NGOs receiving foreign donations
Powers Prosecution, confiscation of assets, recommending dismissal, directing CBI
Procedure Inquiry → Investigation → Prosecution
State Lokayukta States decide composition and powers
Exemptions No inquiry against PM’s decisions on national security, foreign relations

Challenges & Criticism

1. Limited Independence:
o The appointment process involves government influence, affecting impartiality.
2. No Prosecution Power:
o Lokpal can only recommend prosecution; enforcement lies with other agencies.
3. Delayed Appointments:
o Governments have been slow in appointing Lokpal members, limiting its
effectiveness.
4. State-level Variations:
o Some states have weak Lokayuktas, reducing impact.

Major Cases Handled by Lokpal

 Investigation into MPs’ Disproportionate Assets (2019-2021)

 Corruption Allegations against Senior Bureaucrats (2022-2023)

PRACTICE QUESTIONS
Objective (MCQs)

1. Which of the following committees investigated the nexus between politicians and
criminals?
a) Shah Commission
b) N. N. Vohra Committee
c) Punchhi Commission
d) Malimath Committee
2. Who appoints the Lokpal in India?
a) President
b) Chief Justice of India

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c) Selection Committee including PM, Speaker, CJI, and LoP

d) Governor

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Unit 4
PROFESSIONAL DEVIANCE

INTRODUCTION

Professional deviance refers to unethical, illegal, or morally questionable practices committed by

professionals such as doctors, lawyers, and other esteemed individuals in society. Unlike
conventional crimes, these offenses are committed under the guise of professional duties, often
escaping scrutiny due to the social status of the offenders.

I. PROFESSIONAL DEVIANCE IN THE MEDICAL

PROFESSION
A. Understanding Medical Professional Deviance

Medical deviance refers to unethical practices by doctors and healthcare professionals, including:

 Medical Negligence: Failure to meet the standard of care (e.g., wrongful surgeries,
misdiagnosis).
 Corruption: Bribes for medical seats, commissions for prescribing drugs.
 Quackery: Unqualified practitioners exploiting patients.
 Illegal Medical Practices: Organ trade, sex determination tests, unnecessary C-sections.

B. THE LENTIN COMMISSION REPORT (1987-89)

The Lentin Commission was a judicial inquiry set up in 1987 to investigate corruption and
medical negligence in the healthcare sector, specifically focusing on the JJ Hospital drug
scandal in Maharashtra.

Background of the Lentin Commission

 In 1986, a large number of patients died at JJ Hospital, Mumbai, due to the

administration of contaminated glycerol injections.
 The scandal exposed rampant corruption in the Food and Drug Administration
(FDA) of Maharashtra, where officials colluded with pharmaceutical companies to
approve substandard drugs.

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 The commission was headed by Justice Bakhtawar Lentin, a Bombay High Court
judge.

Important Findings of the Report

1. Corruption in Drug Procurement:

o Drug procurement was compromised as adulterated glycerol was purchased at
an inflated price.
o Pharmaceutical companies supplied expired and substandard drugs due to a
nexus with government officials.
2. Regulatory Failure:
o The Maharashtra FDA was complicit in allowing the sale of harmful drugs.
o No strict quality checks were in place for life-saving drugs.
3. Medical Ethics Violation:
o Doctors at JJ Hospital ignored complaints from patients, leading to unnecessary
deaths.
o The hospital administration failed to ensure proper drug safety protocols.
4. Political & Bureaucratic Involvement:
o The commission found evidence of high-level corruption where politicians and
senior bureaucrats received kickbacks from pharma companies.

Impact of the Lentin Commission Report

 Policy Reforms: Led to stricter drug quality regulations in Maharashtra.

 Judicial Precedent: Strengthened the interpretation of medical negligence under IPC
Section 304A (Causing Death by Negligence).
 Institutional Overhaul: Prompted reforms in hospital administration and drug
regulation authorities.

II. PROFESSIONAL DEVIANCE IN THE LEGAL

PROFESSION
A. Understanding Legal Professional Deviance

Legal professionals, including advocates, judges, and law enforcement officers, are expected
to uphold justice. However, legal deviance includes:

 Misuse of Law: Lawyers filing frivolous cases for monetary benefits.

 Corruption & Bribery: Bribes to influence judgments, police falsifying evidence.
 Breach of Professional Ethics: Advocates defending cases with conflicts of interest.
 Malpractice in Legal Education: Fake degrees, corrupt law school admissions.

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B. OPINIONS OF DISCIPLINARY COMMITTEE OF THE BAR COUNCIL

OF INDIA

The Bar Council of India (BCI) is the regulatory body that oversees legal professionals. It has a
Disciplinary Committee to address cases of professional misconduct among lawyers.

1. Role of the BCI Disciplinary Committee

 Investigates complaints against advocates for professional misconduct.

 Imposes penalties such as warnings, suspension, or disbarment.
 Ensures compliance with Bar Council Rules, Advocates Act, 1961, and professional
ethics.

2. Landmarks Cases & Decisions

(a) P.D. Gupta v. Ram Murti & Anr. (1997)

Issue: Advocate involved in professional misconduct.

Judgment: Supreme Court held that an advocate misusing his professional position for
personal gains is liable for strict action under BCI disciplinary rules.

(b) Supreme Court Bar Association v. Union of India (1998)

Issue: Whether BCI has the sole authority to disbar an advocate.

Judgment: Supreme Court ruled that courts cannot remove an advocate from practice, and
only the BCI Disciplinary Committee can take such action.

(c) R.K. Anand v. Delhi High Court (2009)

Issue: A senior advocate was caught bribing a witness in a high-profile case.

Judgment: SC upheld his suspension, reinforcing zero tolerance for legal corruption.

3. Ethical Guidelines & Punishments for Lawyers

 Misconduct Examples:
o Accepting cases despite conflicts of interest.
o Using unfair means to influence a case.
o Disrespecting the judiciary or misleading the court.
 Punishments Imposed:
o Censure: Warning for minor misconduct.
o Suspension: Temporary ban on practice.
o Disbarment: Permanent removal from the profession.

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III. ANALYSIS & CONTEMPORARY RELEVANCE

1. Judicial Scrutiny on Professional Deviance
o Courts have increased monitoring on professional misconduct, especially post
2010s digital transparency reforms.
o Whistleblower Protection Act, 2014 safeguards individuals exposing corruption
in professional fields.
2. Impact on Public Trust
o Professional deviance leads to erosion of public faith in institutions (medical,
legal, corporate).
o Cases like JJ Hospital Scandal & Bar Council Corruption Cases have
highlighted systemic flaws.
3. Need for Stronger Laws & Reforms
o Strict anti-corruption laws in healthcare and judiciary.
o Increased judicial independence to handle legal corruption.
o Enhanced accountability in professional regulatory bodies.

POTENTIAL EXAM QUESTIONS

1. Multiple-Choice Questions (MCQs):

✅The Lentin Commission was set up to investigate:
a) Judiciary corruption
b) Drug adulteration in Maharashtra (✅)
c) Electoral fraud
d) Corporate tax fraud

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Unit 5
Gender-Based Deviance: Sexual Harassment & Offences
Against Scheduled Castes and Scheduled Tribes

Introduction to Gender-Based Deviance

Gender-based deviance refers to offenses and discriminatory practices arising from systemic
gender inequalities, where individuals, particularly women, face violence, exploitation, and
subjugation due to their gender. A significant part of this deviance is sexual harassment, which
is often perpetrated by individuals in positions of power (corporates, academia, judiciary, law
enforcement, politics, and bureaucracy). Similarly, the offenses against Scheduled Castes (SCs)
and Scheduled Tribes (STs) stem from deeply entrenched caste-based discrimination, leading
to social, economic, and political oppression.

1: SEXUAL HARASSMENT AS A
PRIVILEGED CLASS DEVIANCE
Sexual harassment is one of the most rampant forms of white-collar gender deviance, as it is
frequently committed by individuals holding positions of influence and authority.

Understanding Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature that interferes with an individual's dignity,
safety, and equality.

Important Legal Provisions in India

Law/Provision Details
Section 354A: Defines sexual harassment and prescribes
Indian Penal Code (IPC), 1860 punishment of up to three years in prison. Section 354C:
Voyeurism Section 354D: Stalking Section 509: Word,

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Law/Provision Details
gesture, or act intended to insult modesty of a woman
The Sexual Harassment of Women
Establishes mechanisms for addressing complaints,
at Workplace (Prevention,
making Internal Complaints Committees (ICC) mandatory
Prohibition and Redressal) Act,
in organizations with more than 10 employees
2013 (POSH Act)
Information Technology (IT) Act, Section 67A: Punishment for publishing or transmitting
2000 sexually explicit content electronically
Article 14: Right to Equality Article 15: Prohibition of
Constitution of India discrimination based on sex Article 21: Right to life and
personal liberty

Types of Sexual Harassment

Sexual harassment can be classified into two broad categories:

1.Quid Pro Quo Harassment (This for That)

 Occurs when a superior demands sexual favors in return for professional benefits.
 Example: A senior advocate demanding sexual favors from a junior lawyer for career
advancement.

2. Hostile Work Environment

 Unwelcome conduct that creates an intimidating or offensive workplace.

 Example: A judge making lewd comments to female staff members in the courtroom.

Institutional Failures and Case Studies

1. Vishaka v. State of Rajasthan (1997)

 Landmark case that led to the formulation of the Vishaka Guidelines, which later
became the basis for the POSH Act, 2013.
 Established that sexual harassment violates fundamental rights under Articles 14, 15,
and 21.

2.Justice A.K. Ganguly Case (2013)

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 A former Supreme Court judge was accused of sexually harassing a law intern.
 Case exposed the loophole in laws concerning sexual harassment by constitutional
authorities.

3. Tarun Tejpal Case (2021)

 The founder of Tehelka magazine was accused of sexually assaulting a junior female
colleague.
 Case highlighted the challenges of power dynamics and victim intimidation in sexual
harassment cases.

Challenges in Addressing Sexual Harassment

1. Underreporting – Fear of retaliation, social stigma, and lack of trust in legal
mechanisms.
2. Lack of Awareness – Many employees are unaware of POSH Act provisions.
3. Misuse of Laws – Instances where false accusations are used as tools for personal
vendetta.
4. Power Imbalance – Senior officials influencing ICC investigations.
5. Judiciary’s Delayed Response – Cases often take years for resolution.

2: OFFENCES AGAINST SCHEDULED

CASTES (SCs) & SCHEDULED TRIBES
(STs)
Understanding Caste-Based Deviance
Caste-based deviance is a form of privileged class exploitation, where members of dominant
castes exploit, harass, and discriminate against marginalized castes through social, economic,
and physical violence.

Legal Framework Protecting SCs and STs

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Law/Provision Details
Scheduled Castes and Scheduled
Protects SCs and STs from violence, social boycott, and
Tribes (Prevention of Atrocities) Act,
exploitation.
1989 (SC/ST Act)
Section 153A: Promotes enmity between different
Indian Penal Code (IPC), 1860 groups on grounds of caste. Section 295A: Deliberate
acts to outrage religious/caste sentiments.
Article 17: Abolition of untouchability. Article 46:
Constitution of India State’s responsibility to promote educational and
economic interests of SCs and STs.

Types of Offences Against SCs & STs

1.Caste-Based Violence

 Examples: Khairlanji Massacre (2006), Hathras Case (2020).

 Nature: Rape, murder, public humiliation.

2.Economic Exploitation

 Examples: Bonded labor, denial of land rights.

 Legal Safeguards: Bonded Labour System (Abolition) Act, 1976.

3. Social Discrimination

 Examples: Denial of temple entry, exclusion from social gatherings.

 Legal Safeguards: Article 17 of the Indian Constitution.

4. Political Disenfranchisement

 Examples: Manipulation of electoral processes to suppress SC/ST representation.

 Legal Safeguards: Reservation in elections under Article 330 & 332.

Landmark Judgments & Case Studies

1. State of Karnataka v. Ingale (1992)

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 Supreme Court held that caste-based discrimination is an affront to human dignity

and must be strictly punished.

2. Honnamma v. State of Karnataka (2005)

 Court recognized intersectional oppression, where Dalit women face double

marginalization.

Issues & Challenges in Implementation

1. Poor Conviction Rate – Many cases fail due to witness intimidation and political
pressure.
2. Failure of Law Enforcement – Police often refuse to register cases under SC/ST Act
due to caste bias.
3. Tokenism in Policy Implementation – Reservation policies often fail to reach the most
marginalized SCs/STs.
4. Delayed Justice – Cases like Hathras gang rape (2020) show the state’s failure to
protect Dalit women.

Way Forward
✅Strict Enforcement of POSH Act and SC/ST Act through fast-track courts.
✅Strengthening ICCs in workplaces to ensure unbiased reporting of sexual harassment cases.
✅Witness Protection Mechanisms for SC/ST victims to prevent intimidation.
✅Awareness Campaigns to educate women, SCs, and STs about their rights.
✅Judicial & Police Reforms to eliminate caste and gender bias in law enforcement.

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