FORMS OF PRIVILEGED CLASS

DEVIANCE
By
Dhupdale V. Y.
TYPES OF DEVIANCES
A. Professional Deviance
B. Official Deviance
C. Police Deviance

(A) 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.
•
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.
LAWYERS
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.
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.
DOCTORS
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.
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.
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.
TEACHERS
 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,
2000.
JOURNALISTS
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.
ENGINEERS
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.
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.
BUREAUCRATS
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.
JUDGES
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.
LEGISLATURES
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.
POLICE
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.
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.
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.
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.
CONTD…
 Mathura Case:
Custodial rape - Took place in 1972 - 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”.
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 1977 .
 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.
 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.
 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.
 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.
 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.