1. FORMS OF PRIVILEGED CLASS DEVIANCEBy
Dhupdale V. Y.

2. Types of deviances Professional Deviance Official Deviance
Police Deviance
Professional Deviance:
Every profession has code of conduct, conditions, rules and ethics.
If any act violates such rules, etc., it is called as professional deviance.
Professions includes: legal, medical, journalism, education, engineer, architect etc.

3. Causes of professional deviances
Majority of people in India are poor, illiterate and backward, hence they easily get exploited by the professionals.
Some professions tend to have support from politicians – in return they finance the politicians during the election.
Client satisfaction by hook or crook.
Accumulation of wealth by illegal means to meet for future uncertain needs for their children.

4. lawyers

5. Professional deviance by lawyers
Legal profession is a noble profession.
As it is said, “As justice is the great interest of men on earth and as the lawyer is the high priest at the shrine of justice.
Lawyers can perform well only if they maintain certain ethical moral standards.
But today I India the lawyers profession is not looked with much respect.
The laws governing legal profession in India are:
The Legal Practitioners Act
The Indian Bar Council Act.
The Advocates Act.
These laws act as guidance to the legal profession.
But these codes are only ornamental documents for a deviant lawyer.

6. Examples of deviances by lawyers
Fabrication of false evidences.
Engaging professional witnesses and false security.
Violating professional ethics and using dilatory tactics in collusion with Court Staff.
Chamber practice – settlement of case in consideration of huge sum of money by lawyers.
There are criminal lawyers who arrange professional alibies, cooked witnesses for the gangsters.
Even the lawyers have their own trusted police officers who help them personally by taking heavy bribe.
Even the IO and Medical Officers can be managed by the lawyers to help win their case.
Sometimes lawyers engage touts for the purpose of advertisement of professional services on percentage basis.
Manage opposite lawyers by payment of money.
Sometimes finance is provided for filing litigation against any reputed and rich person.
Asking indecent and irrelevant questions to the rape victims during cross examination to embarrass her.

7. doctors

8. Professional deviance by doctors
Doctors are treated as Gods. But sometimes these Gods can also become deviants.
The Indian Medical Council prescribes code of ethics to regulate medical profession.
The Acts applicable to this profession are:
Indian medical Council Act, 1956.
Indian Medical Degree Act, 1916.
Indian Medical Council Amendment Act, etc.

9. Medical Deviances include:
Issue of false medical Certificate.
False Post-mortem reports.
Commissions from suppliers of medicines.
Medicines and other equipments supplies to Govt. hospitals are sold to private hospitals.
Sex determinations.
Illegal abortions.
False evidence in criminal cases.
Extortion of money from patients in Govt. Hospitals.
Running Kidney rackets, etc.
Fake and misleading advertisements claiming medical cure, cosmetics, etc.
Prescribing medicine for which he does not possess adequate qualifications.
Conducting operations for when the Doctor does not possess a qualified degree.

10. Contd… Providing secret services to criminals and decoits, etc.
Avoiding first aid treatment to an injured person unless a Police Report is being filed.
Case: Parmananda Katara Vs. Union of India, AIR 1989 SC 2039:
SC said that it is the professional obligation of all doctors to extend medical aid to the injured immediately to preserve life without waiting for the legal formalities to be complied.

11. teachers

12. Professional deviance by teachers
Large sum is collected in the name of donations.
In Govt. Schools and Colleges money is collected as fees for the seats.
Some portion of the salary from the teachers will be cut as charges towards their appointment as a teacher in the institution.
Corruption and favouritism at the time of admission and exams.
Exploitation and victimisation of students. Especially for internal marks.
Preparation and prescribing of textbooks of dubious (doubtful) standard.
Private coaching by Permanent appointed teachers banned by Maharashtra Coaching Classes Ordinance,

13. journalists

14. Deviance by press or journalists
Journalism – a fourth pillar of democracy.
Freedom of speech and expression – Art. 19(1)(a).
Can keep effective check on the State Administration.
But today the social object of Journalism is lost.
Deviance by Journalists:
Journalists demand bribes for shutting their mouth in the case they have any sensitive news about a politicians or reputed and rich people.
Investigative jounalism – interference into private life and conducting of case.
Press Council of India has laid down ethics for journalism.

15. engineers

16. Deviance by engineers
Underhand dealing with contractors and suppliers.
Passing of substandard works and materials.
Construction of buildings, roads, canals, dams and bridges with sub-standard material.
Computer related crimes – theft of communication services, tax evasion, etc.
Cyber crimes by highly talented engineers.

17. Official deviance State is a welfare State.
But the abuse of powers will lead to totalitarian State.
Though there are many laws and regulations, the corrupt officials do not hesitate to continue their illegal activities.

18. bureaucrats

19. Deviance by bureaucrats
Bureaucracy means – officials who conduct the work of administration.
Traditional work – collection of revenue tax.
Act of Deviance:
Arrogant behaviour.
Stiff-necked attitude.
Arbitral behaviour.
Adhere to too much formalism.
Red-tapism (delay in action) to extract bribe.
Corruption.
Misappropriation of money and property.
Acquiring disproportionate wealth.
They are fearless because they are supported by the politicians.

20. Judges

21. Deviance by judges Justice has become a costly affair now a days.
Difficult to seek justice in the Courts.
There is a doubt about integrity of the Court Staff including Magistrates and Judges.
Judges are influenced by political pressure.
They are accepting bribes and gifts.
Judges maintain personal contacts with Lawyers.
Personal interest may also play important role in delivering justice in a true spirit.

22. Legislatures

23. Deviance by legislatures
They seek Ministerial Posts by hook or crook and later on start violating moals and ethical norms.
They are also actively involved in Corruption.
They collect money as contribution from various rich Industrialist and Businessman during elections.
In return the contributors multiply their earnings by making profit out of the licences obtained with the help of their favourable legislatures.
Corrupt Govt. officials are also backed by the politicians.
They approve the Bill only if it is beneficial personally to them or to their party.
Create artificial shortage of consumer goods and raise prices.
Huge money is spend for election and votes are purchased and often do not hesitate to break the election code of conduct.
They also nominate quotas for diesel, petrol pump, paper industries ete., to their own relatives, etc.
They are also actively involved in defection.
There is a close relationship between the criminals and the politicians.

24. Police

25. Role of police
Indian Police Act, 1861 enacted by British still governs the Police System in India.
Role of Police:
Maintenance of law and order situation.
Patrolling and survellance
Implement Preventing function
Investigation of crimes
Arrest criminals
Interrogation of offenders and suspect
Search and Seizure
To assist the Prosecutor
Perform general welfare function.
Control juvenile delinquency.

26. Deviance by police Police Atrocities
Unconstitutional – Third Degree Methods:
Case – Niranjan Singh v. Praphakar Rajaram
SC held that the police instead of being protector of law, have become the engineer of terror and putting people into fear.
Case – Saheli v. Commr. Of Police
Death of one nine year boy was caused by police in one of the police station of Delhi. Saheli the women’s Civil Right Organisation filed a Writ petition for the mother of the boy. The Court granted Rs. 75,000/- as a compensation to his mother.
Rape and related forms of gender based aggression by police and Para-military force.

27. Contd… Encounter Killings:
Encounter Killings are self defense of the police.
They are empowered to use firearms in extreme circumstances to avoid the notorious criminal to escape and enter the society and commit crimes and disturb the peace and harmony.
Some famous encounters so far:
Manohar Arjun Surve (Manya Surve) – 1982
Anand Pande – 1997
Fake encounters:
Police take money and conduct encounters:
Example – Daya Nayak
Ishrat Jahan Fake encounter– 2004.
These fake encounters are nothing but deviance by police.

28. Rape and Related Forms of Gender-based Aggression by Police and Para-Military Forces
Some police today has become exploiters instead of protectors espaecially in case of women.
Therefore, today women hesiate to lodge compplaint at the police station about sexual assault on them because they fear that even police will take advantage of their situation and try to further exploit them.
This is the reason why many of the rape or sexual assault cases remain unreported.
Examples of some cutodial rape by police:
Tukaram and anr. V. State of Maharashtra (1979):
16 yr old tribal girl – worked as maid servant – raped at inside the police station – while her rerlatives waited outside the station.

29. Contd… Mathura Case: Maya Tyagi and brutal Plice Raj:
Custodial rape - Took place in  the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in Indian rape law via The Criminal Law (Second Amendment) Act 1983.
Section 376(A), Section 376(B),Section 376(C), Section 376(D), which made custodial rape punishable.
Maya Tyagi and brutal Plice Raj:
In 1980 – Policemen shot deat Ishwar Tyagi – beat his six month pregnant wife – stripped – paraded in street = in the nd raped her. CID took investigation.
Case took 8 years to complete – Jugement:
1) Death penalty to six policemen.
2) Life imprisonment for remaining 4 policemen.
But even after this the custodial rapes still take place.
Justice A.N. described these custodial rapists as “Criminals in Uniform”.

30. National police commission
With a view to revitalising the police administration – many States appointed commissions to suggest reforms but nothing substantial could be achieved.
Therefore, finally the Govt . Of India appointed the National Police Commission in
Recommendations:
Recommended setting up of Central Police Committee and Security Commission in States
Replacement of the outdated Police Act of 1861by a New Police Act the draft of which was already prepared by the Commission.
Setting up of All India Police Institute on the pattern of Engineers Chartered Accountants.
Elimination of delay in investigation.
Greater police-public participation.
Adequate training and developing programme for police personnel.
Examining the scope of utilisation of scientific devices in police work.

32. Gender-based Aggression by Socially, Economically and Politically Powerful
From ancient period – women were treated with lower hands.
They become en easy prey for discrimination and aggression based on Gender.
It is a Paradox, that on one hand we worship women as Goddesses and on the other hand we met out sub-human treatment to them.
Since their birth they receive gender discrimination from their family members.
Female foeticide and infanticide are common in India society.
To prevent such gender based discrimination, our Constitution of India enumerated several articles to uplift women in the society.

33. Constitutional provisions
Article 14 – Right to equality
Article 15 – Right against discrimination
Article 15(3) – Speical provisions for women and children
Article 21 – Right to life and personal liberty: Right to live with dignity.
Other Legislations:
Dowry Prohibition Act, 1961
The Supression of Immoral Traffic in Women and Girls Act, 1956.
The Maternity Benefit Act, 1961.
The Indecent Representation of Women Act, 1986.
The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
But their enforcement remains neglected.

34. Incidents of gender-based discrimination
Family: Birth of girl is greeted silenctly and sometimes with sorrow.
They are never welcomed and the mothers are cursed for giving them birth.
Sometimes, things go too extreme and the family kill the newly born girl child which is called infanticide.
Sometimes the girl child are killed in the womb itself which is called female foeticide.
Dowry deaths is another example of gender based discrimination.
Trafficking of women, young girls continues till today.
Rape – is a crime against basic human rights. Supreme Court says that rape is the most serious offence of Gender-bias.

35. Famous cases
Bodhisathwa Gautam v. Subhra Chakraborty (1996): A student was sexually harassed by her male lecturer accused.
Vishakha v. State of Rajasthan (1997): Vishakha and other women groups filed Public Interest Litigation (PIL) against State of Rajasthan and Union of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India.
The petition was filed after Bhanwari Devi, a social worker in Rajasthan was brutally gang raped for stopping a child marriage.
Rape by police in custody.
Prostutution asd a menace is essentially an outcome of sex delinquency.

36. Thank You!