NCHRO Executive Council Member Sharafudheen MK presented a paper titled ‘Changing attention of crime and victims in the new world order’ at 39th All India Criminology conference organized by National Law University Odisha in association with the Indian Society of Criminology (ISC) , held on 22-24th September, 2016. The theme of the conference was “Criminological Challenges in the Contemporary Era”.
The Annual conference is being organized every year by the society and is hosted at the universities of various states and Institutes of repute around a range of themes of national importance and relevance. The sub-theme under Sharafudheen presented paper was ‘Focusing on Victim Justice Perspectives in theory and practice;’
The aim of this conference is to provide a platform to rethink the criminal justice and challenges in the present scenario. The conference offered a fresh glimpse to future administration of criminal justice. The recommendations emerging from this conference would be sent to all stakeholders and policy-makers from the government and civil society organizations, so that it could contribute in strengthening of criminal justice system in India.
Below is the Abstract of paper presented by Sharafudheen:-
39th All India Criminology Conference of the Indian Society of Criminology
“Criminological Challenges in the contemporary Era”
22-24th September 2016
Centre for Criminal Justice
National University, Odisha
Sub theme: Focusing on victim justice perspectives in theory and practice
Subjects: Changing attention of crime and victims in the new world order
Crime and victims statistics are not a synonymous factor in majority case. Justice for the citizens is much importance for natural, sustenance. Divergent crime incidences and victimization study has making series of questions in Law and order administration in the new world order.
Transnational pornographic business strategy has emerged especially in our country and in the world few quiet back. The recent statistics in India shows that in each 8 minutes and 28 seconds, watching such pornographic sites, this status is above than world average. Mrs Shira Toronto says the highest turnover incomes obtained from these sources now. Another study says 28000 people watching pornographic sites in each second in the world. Not only men 2/3rd of the viewers are females. This is one of the serious thought of concern .Here the chances of bullying of youth crime rate will be high with crossing socio-cultural morality and also affect victim’s health and the national growth at large.
Technological development and cyber booming has made a separate area of investigation. This change has adversely affected the socio- cultural and moral values in regional aspects. Scientific study on child and adult intervention in cyber era especially the addiction of pornographic intimidation generate widen social and family disputes. More over this has absorbed physical and mental capacity of the human beings. Dr Victor Clain a prominent psychiatrist says this addiction is like a stimulant may extend to go and see deeper and deeper to get maximum pleasure.
Here the Lombroso's theory of anthropological criminology being questioned by the recent crime statistics particularly on cyber field. Theory says criminality was inherited, that someone "born criminal" could be identified by physical (congenital) defects, which confirmed a criminal as savage or atavistic.
Spencer is a town in Rowan country, North Carolina –United States. A young convict Kayla parker raped and killed a 1 year old child named Shaylyn Ammerman. This incident had taken place on March 28th 2016. Investigation identified that the accused preferred to watch pornographic movies which induce him to do such type crime against many youngster during the crime period.
Recently one female law student, named JISHA raped and murdered at south India – kerala. The point the finger as per investigation concluded that a chocolate boy aged 25 behind the heinous crime.
Adult film industry and website regulation, Parental touch, attachment on growing stage of the children’s from isolated life as well as strangers, clinical therapy in every two month especially orphans and the victims of domestic violence also at an extend can reduce the rate.
Fear psychosis and insecurity feelings among the downtrodden sections of the Indian society:
Indian subcontinent identified with its commercial and cultural wealth for much of its long history. Recent incidents of end grave abuses of human rights, due to caste prejudices and religious intolerance, extra judicial killings, forced disappearances, prolonged pre-trial detention, custody death syndrome, deterrent laws like UAPA accusation etc. Criminal justice administration on these particular aspects had made uncertain atmosphere on downtrodden sections.
There is a huge problem with our criminal justice system. It not only needs procedural reform but also substantive reform “legal aid is nothing but a joke”, Justice Madan B Lokur –SC Judge.
The first comprehensive study of the socio-economic profile of prisoners serving the death sentence in India has revealed that most are from economically vulnerable sections, backward communities and religious minority groups.
Besides, it found, a quarter of the convicts were either juveniles or between the age of 18 and 21 or above 60 years when the crime was committed. Dalits and Adivasis constituted 24.5 per cent out of (90 prisoners) among those on death row, whom the study gained access to, while members of religious minorities were over 20 per cent out of (76 prisoners).
The Death Penalty Research Project, undertaken by researchers at the National Law University in Delhi, found that over 80 per cent of prisoners facing capital punishment had not completed school and nearly half had begun working before the age of 18.
Deterrent laws like UAPA and AFSPA and its application also has seeking an empirical study on its misuse. This laws may depend upon who has established the legal prescription and in what manner this was done, for instance whether by decree or legislative action.
NCHRO (National confederation of Human Rights organization),
It is the largest human rights confederation in India. Federation play a vital role in providing legal services to individuals and committees that lack the critical resources needed to address their legal issues. As a representative of NCHRO I would like to share certain facts of our fact finding on this state (Odissa) region were we summit today.
“Large number of incidences and its further proceedings in most of the case laws shows a similarity in victim’s statistics. Children, Youth, adolescence and women are the most targeted groups”.
NCHRO- All India Fact Finding team to investigate and publish a report on Alleged Repression and Killing of Tribal’s in Kalahandi and Rayagada Districts of Odisha. Delegation led by Prof. A Marx, National Chair Person, NCHRO. Reny Ayline, National Secretary-NCHRO, Narendra Mohanty Natioanal Executive committee Member (NCHRO),/ State Convener, Campaign Against Fabricated Cases(CAFC),Odisha, Adv. M.A. Momen Halder, NCHRO West Bengal chapter and Abdul Hannan, Student Activist from Jharkhand, were joined the delegation.
Vedanta Resources, a multinational mining company which has invested at least Rs 5000 crore in its aluminum refinery venture at the base of Niyamgiri hills has continuously experiencing defeats at the hands of the Dongria Kondhs(A Primitive Tribal Community) who had nurtured these forest areas for generations. They have emotional attachment with that area and they are sure that any kind of modern development by destroying the eco structure will ruin the lives of at least 8000 Adivasis(tribal) living in that area . But the state government is adamant in establishing that aluminum refinery unit in that area.
When the Union Ministry of Environment had refused to give the forest clearance to this project in 2010, the state government through its Odisha Mining Corporation (OMC) moved the apex court to break the stalemate. The tribal's of that area strongly opposed it and the Supreme Court ordered the state government to organise Gram Sabah’s under the Forest Rights Act -2006 to take a final decision on the basis of the concerned people.
Out of 112 villages the state government chose only 12 villages and organized the Gram Sabah’s. Later all the 12 Gram Sabah’s unanimously decided against mining. The tribal’s were intimidated by the state government in various ways. They were branded as either Maoists or ardent supporters of Maoists. Activists against Vedanta Resources are involved in false cases, arrested, tortured and killed in fake encounters mostly from this regions like tribal’s of Nisanguda village (Bhawanipatna Block, Kalahandi dt) , DrikaKadraka and NachiniGuda.
The team has visited a number of tribal villages in Trilochanpur Panchayat and nearby areas including Nachiniguda and Dangamati and met the victims and relatives. Team also met some social and tribal activists of Odisha like, the documentary film maker Mr. Jagat Kishore Samal. The team also spoke with the Superintendants of Police of Rayagada and Kalahandi districts and the Sub-Inspector of Lanjigarh police station.
Various Other fact findings related to victimization also done by NCHRO. Due to the time limitation just quotes headings of the study below.
1. Assam Violence - Assam 30-NOV-2012
2. Muzaffarnagar Riots - Uttar Pradesh - 30-Sep-2013
3. Pune - Communal Attacks - Maharashtra - 20-June-2014
4. Seshachalam “Encounter” Killings of 20 Tamil wage laborers by Andhra Pradesh STF Police. – Tamilnadu - 21-April-2015
5. Aler - Encounter Killings of Five Muslims by Telangana Police – Telangana - 30–April–2015
6. Police Atrocities in connection with the Hadgaon Riot – Maharashtra - 22 –Feb-2015
7. Arrest at Narath – Kerala – 17-May-2013
8. Firing at Beemapalli – Kerala – 01-June-2009
9. Killing of Couples – Chokkad Firing Kerala – July-2012
10. Tailor Humayun’s Self-Immolation at Kanathur Police Station. Chennai - Tamilnadu
11. Clash/Riots at V Kalathur – Tamilnadu
12. Police lathi charge at the Unity March at Ramnad – Tamilnadu
13. Murder of Syed Mohamed at S.P. Pattinam Police Station – Tamilnadu – 28-October-2014.
14. Fabricated Case: - Coimbatore Selvapuram Police Station Crime Number 432/2014 - Tamilnadu – 20-August-2014
We are aware criminology and it's theoretical as well as scientific study focused to alleviate crime and protect the victims. Here criminologists have a matter-of-fact to make confidence building mechanism to the victims at large. Young criminologists have a potential role to mitigate circumstances in conflict regions in the world and in India, right from Kashmir valley to Kanyakumari.
That has to be an action plan and relevance of criminology. As a practitioner in this particular field has to organize various seminars, research, fact finding, mediation, reformation, counseling, open dialogues and the application of science and law etc has to be exercised in various aspect with a privilege and the assistance of concerned government.
The aggrieved persons need a public redress of their grievances and this has to be provided under an objective system of law with a strong victim and witness protection act. The common public needs to be protected against injustice and also ensure fundamental rights enshrine by the constitution. Hope this shall be the prime motto of any nation.
Indian Society of Criminology.
South Asian Society of victimology and Criminology 09048247110, 09539068294.