File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Legal Mechanisms To Control Socio-Economic Offences In India With Special Reference To Medical And Engineering Profession

Before discussing the concept of socio economic offences elaborately, first it is needed to be stated that in India the Government had appointed certain committees to work on some specific offences, which offences are actually falling under the category of socio economic offences.

In India, the Government of India for the purpose of reviewing the problem of corruption and for making suggestions regarding it had appointed a committee namely Santhanam Committee in the year of 1962,[1]which has suggested changes in the legal framework for the purpose of ensuring the speedy trial of the cases relating to bribery, corruption or the cases of criminal misconduct which can help in making the law more effective[2];

The committee has suggested the changes after going through numerous cases in the light of the present social context and the social changes and the economic objectives, which actually helped in the growth of these types of offences.[3]

This Santhanam Committee while providing suggestions regarding the change in the legal framework, which is needed for the purpose of curbing the problem of corruption, has also dealt with the concept of the white collar crime and had attached a great importance towards it and accordingly the report had stated the scenario in which these evils evolved.

According to the report of the committee, as there were advancement in the sphere of technology and science, it resulted in the emergence of "mass society", where there was a group of large rank of controlling elite who encouraged the growth of monopoly, there is a rise of managerial class also, all of which resulted in a necessity regarding strict adherence to the high standard in relation to ethical behaviour, so that the new processes which have emerged in the social, political and economic spheres can function honestly, but the inability of the sections of the society to strictly adhere to these standards resulted in the emergence of a new type of offence, i.e., white collar crime, which resulted in difficulty of enforcement of the laws, these offences is dangerous, not only for the reason that the financial stakes are much higher in these cases, but also for the reason of they are causing such damage to the public morals, which is actually irreparable in nature.[4]

Conceptualizing Socio Economic Offences And Indian Legislations

In this context first, the concept of socio economic offences given by the 47th Law Commission Report in India is very important and needed to be discussed as in this report the salient features of these social and economic offences are discussed in a detailed manner.[5]It could therefore, be submitted that socio-economic offences does not only extend the scope of the subject matter of white-collar crime, as conceived by Sutherland and as appreciated by others , but is also of wider import.

According to the above mentioned Law Commission Report, there are salient features of social and economic offences,[6] firstly, in these type of offences the particular motive of the criminal is not lust or hate rather the motive is avarice, secondly, if the background of these types of offences can be seen then it can be understood that the background is non-emotional which is not the same in cases of murder, rape etc.

If compared with these types of offences, as in the cases of social and economic offences, generally there is no existence of any emotional reaction between the offender and victim, thirdly, usually in these types of offences the victim is a large portion of the public, especially the consuming public and though even if there is no harm to any particular person, but the harm is caused to the society which have a very large impact upon the society.

Fourthly, the mode of these type of offences is fraud generally and not force, fifthly, the act which results in commission of these type of offences is generally a deliberate and wilful act, sixthly, the interest which needed to be protected if there is commission of these type of offences are two-fold, as social interest is protected while preserving the property or health or the wealth of the individual members and while preserving the whole economic system of a country and also protecting the social interest which is in the augmentation of wealth of the whole country.[7]

It is clear from the above discussion that these offences are different if compared to the other offences. The two distinguishing features of these offences are the gravity of these offences having a strong adverse impact in the society and thereby causing a great harm to the society as a whole, and the nature of these offences are also peculiar if compared to the other offences as these offences are done in a planned way and it is done in secrecy in a sophisticated manner by some shrewd persons only for the purpose of their profit.[8]

So, from the above discussion it is clear that this particular type of offences actually not only cause harm to the public welfare, but also harms the nation's welfare as a whole.[9]

Different Types Of Socio Economic Offences

While discussing the categories of Social and economic offences, The Law Commission in its 47th report had mentioned the categories falling under the purview of these offences as mentioned in the 29th Report of the Law Commission.[10]

As per the report, the offences which actually prevent the economic development of the country and thereby consequently creates danger for the economic health of a country comes under the first category, in second category there are offences of evasion of tax, in third category there are the offences related to misuse of the position by the public servants.

Under fourth category the offences which is similar to the nature of breaches of the contracts which consequently results in delivery of such goods which are not accordingly falling under the specifications are included, in the fifth category the offences relating to hoarding as well as black marketing comes, the sixth category mentions about the offences relating to adulteration of foods as well as drugs, in the seventh category the offences of theft and the misappropriation in relation to public property and funds are included, in the eighth and the last category comes the offences related to trafficking in the sector of licenses as well as permits etc.[11]

If the first category of the social and economic offences is discussed, it can be found that it is very wide category where the test is only to determine whether the economic development and the economic health of a country is being endangered for the commission of the offence or not.[12]

The second category deals with evasion of taxes[13] which is particularly dealt with by Income Tax Act, 1961.[14] There are cases where the tax evasion has correctly and firmly disapproved by the court.[15] It is pertinent to mention here that tax evasion actually shows the defects which are actually present in the enforcement of the law.

The third category deals with the misuse of the position by the public servants where by the misuse the public servants actually commits one of the social and economic offences, and they specifically misuse their public position while making contracts and dealing with the matters relating to disposal of public property.[16]

The fourth category specifically deals with the situations where the individuals or industrial or commercial undertakings deliver the goods which are not in accordance with the previously agreed specifications while fulfilling the contracts which are entered into with a public authority.[17]

The fifth category deals with the concepts of hoarding, profiteering and blackmarketing. Profiteering means the act of selling anything in such a rate which is in excess to the controlled price of that thing, and by the term hoarding the acts of storing anything in excess to the permissible quantity is meant and by the term black-marketing the concept of suppression of some actual facts in relation to the acquisition or disposal of the things which are controlled by some different special laws, comes into picture.[18]

So, it is crystal clear by the above mentioned acts actually the economic growth of the country is endangered which actually affects the economic health of a country. There are special legislations also relating to the above mentioned acts in India which actually tries to deal with these types of social and economic offences in this country.

The sixth category deals with adulteration. Now, adulteration of food and drug has become a very common problem. It had started after the industrialization took place in the 20th century.[19] It is not only the problem in India, rather there are so many countries suffering from the same problem, as USA is suffering from the problem of adulteration in relation to genetically modified crops.[20]

Previously, the Prevention of Food Adulteration Act, 1954 used to deal with the offences of food adulteration in India.[21] There are many cases[22]which are decided according to the provisions of this Act. Afterwards as there were so many loopholes in the Act of 1954, the Act of 2006 came into force. The Food Safety and Standards Act, 2006 tried to cure the loopholes present in the previous Act.[23]

This Act provides for the establishment of Food Safety and Standards Authority in India, which Authority tried to cure the problem which previously existed and also tried to deal with the cases of food adulteration afterwards.[24]

The Acts related to drug control in India tries to curb the problem of drug adulteration in India.

The seventh category deals with the offences which are related to theft as well as misappropriation of the properties or funds which actually belongs to the public. Previously the Indian Penal Code[25], with the help of Prevention of Corruption Act, 1947[26]and some special enactments enacted to deal with the problems, tried to fight with these offences and tried to curb the problem. But as there were many loopholes in the previous Act of 1947, the Act was amended and the Prevention of Corruption Act, 1988[27] came into force to effectively fight with these evils.

The eighth and the last category deals with the offences related to trafficking in licenses or permits etc. By the concept, the acts which include the outright sale of the licenses as well as permits are meant, where by these licenses and permits any other person is allowed, apart from the person who is intended, to enjoy the benefits accruing from the licenses as well as permits.[28] The laws relating to the imports try to control the situation relating to these offences in India.

So, these are the different categories of social and economic offences which are causing harm to the country.

Legal Control Mechanism In India To Combat Socio Economic Offences

The typology of socio-economic offences are different the legal control mechanism also differs for each offences. Legal control mechanisms to combat socio-economic offences are discussed below:

T o deal with the tax evasion government has implemented, the Act applies to Indian residents and seeks to replace the Income Tax (IT) Act, 1961 for the taxation of foreign income. It penalizes the concealment of foreign income, and provides for criminal liability for attempting to evade tax in relation to foreign income. A flat rate of 30 per cent tax would apply to undisclosed foreign income or assets of the previous assessment year.

No exemption, deduction or set off of any carried forward losses (as provided under the IT Act) would apply. This would apply from April 1, 2016 onwards.

The total undisclosed foreign income and asset of an individual would include:
  1. Income, from a source located outside India, which has not been disclosed in the tax returns filed;
  2. Income, from a source outside India, for which no tax returns have been filed; and
  3. value of an undisclosed asset, located outside India.

A one-time compliance opportunity to persons who have any undisclosed foreign assets (for all previous assessment years) will be provided for a limited period. Such persons would be permitted to file a declaration before a tax authority, and pay a penalty at the rate of 100%. The relevant tax authorities and their jurisdiction would be as specified under the IT Act. They would have powers of inspection of documents, and evidence. The proceedings are to be judicial.

The implementation of the Food Safety and Standards Act, 2006 has consolidates eight laws[29]governing the food sector and establishes the Food Safety and Standards Authority (FSSA) as the regulator. It requires all food business operators (including small businesses and street vendors) to obtain a licence or registration. The Regulations under FSSA related to procedure for obtaining a licence or registration was notified on August 1, 2011.

According to the Regulations, all food business operators had to get a licence or registration within one year of the notification. Due to opposition from several food business operators (see here and here), the FSSA has now extended the deadline for getting a licence or registration by another six months (till February 2013).

The organised as well as the unorganised food sectors are required to follow the same food law. The unorganised sector, such as street vendors, might have difficulty in adhering to the law, for example, with regard to specifications on ingredients, traceability and recall procedures and does not require any specific standards for potable water (which is usually provided by local authorities).

It is the responsibility of the person preparing or manufacturing food to ensure that he uses water of requisite quality even when tap water does not meet the required safety standards. It excludes plants prior to harvesting and animal feed from its purview. Thus, it does not control the entry of pesticides and antibiotics into the food at its source. The power to suspend the license of any food operator is given to a local level officer. This offers scope for harassment and corruption.

The Act requires a food business operator to get different licenses if articles of food are manufactured or sold at different premises. Newspapers reported that this provision was challenged in the Madras High Court[30]but a stay order on the Act and its Rules was refused. Since in India traditionally infants/children are fed milk, adulteration of milk and its products is a concern and stringent measures need to be taken to combat it.

The consumption of adulterated milk and adulterated milk products is hazardous to human health. As directed by Supreme Court by order dated 10.12.2014,[31] it will be in order that the Union of India come up with suitable amendments in the Food Safety and Standards Act, 2006 and the respondent-Union of India shall also make penal provisions at par with the provisions contained in the State amendments as indicated.

Corruption is an important materialization of the failure of moral principles. Anti-corruption interventions made so far are seen to be unsuccessful and there is widespread public scepticism about them. The interventions are seen as mere posturing without any real intention to bring the corrupt to book. They are also seen as handy weapons for partisan, political use to harass opponents.

Corruption is so deeply entrenched in the system that most people regard corruption as inevitable and efforts enshrined in the prevention of Corruption Act, 1988 as futile.[32] In this regard the Commission[33]has recommended that:
The offences should be classified into four categories, first, gross perversion of the Constitution and wilful violation of the oath of democratic institution office. Second, abuse of authority by favouring or harming or harassing someone. Third, obstruction or perversion of justice by unduly influencing law enforcement agencies and prosecution is a common occurrence in our country. Last, squandering public money, including ostentatious official life-styles etc.[34] The Prevention of Corruption Act (PCA) discusses various offences and penalties but bribe giving is not defined separately as an offence.[35]

"The Commission suggests that section 7 of this Act needs to be amended and include collusive bribery as a special offence. If it causes a loss to the state, public or public interest then the punishment should be double.[36] It is provided in Prevention of Corruption Act that the previous sanction of the competent authority is necessary before a court takes cognizance of the offences.[37]

But the Commission has opined that prior sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or in case of possessing assets disproportionate to the known sources of income. The Presiding Officer in a Legislature should be designated as the sanctioning authority for MPs and MLAs respectively.

The Commission suggested that there is a need to delegate the power of sanctioning authority to a Committee of Central Vigilance Commissioner and Departmental Secretary. In the case of differences between two, the matter should be resolved at the level of Central Vigilance Commission. When the sanction is required against Secretary, then the empowered committee should comprise Cabinet Secretary and the Central Vigilance Commissioner.

The sanction granting order should be issued within two months. In case of refusal, the reasons should be placed before the respective Legislature annually. Such arrangements may be introduced at the state level.[38] A new chapter of the penalty and pay damages in criminal cases of corrupt public servants should be introduced in Prevention of Corruption Act. The decision of the Government on this recommendation is pending.

To speed up the trial under the Prevention of Corruption Act needs to be fixed a time limit for various stages of trial and proceedings of courts by amending the criminal procedure code day-to-day basis. The Supreme Court and the High Courts may provide some guidelines to preclude unwarranted adjournments and avoidable delays.[39] Private sector service providers and NGOs receiving substantial funding should be covered under the Prevention of Corruption Act[40]

Again the decision of the Government is pending about this recommendation. Discretion should be eliminated from all the government offices having public interface. Decision making on important matters should be assigned to a committee instead of an individual. It is again accepted that the illegal acquired property must be forfeited and the Corrupt Public Servants (Forfeiture of Property) Act be enacted without further delay.

Supervisory officers should be primarily responsible for curbing corruption through annual performance report. If any officer, who gives a clean chit to his corrupt subordinate then he should be asked to explain his probation in this regard.[41] Submission and scrutiny of assets and liability statements of public servants should be ensured and put in the public domain.

Annual list of public servants of doubtful integrity should be prepared in all departments in consultation with the anti-corruption agencies.[42] The Benami Transactions (Prohibition) Act, 1988 precludes the person who acquired the property in the name of another person from claiming it as his own. It is accepted by the Government that steps should be taken for immediate implementation of the Benami Transactions (Prohibition) Act, 1988.[43]

The whistleblowers of government and corporate sector, who expose false claims, fraud or corruption be protected by ensuring confidentiality and anonymity, protection from victimization in career and other administrative measures to prevent bodily harm and harassment.[44] A law on `Serious Economic Offences should be enacted and the definition of this law may include the involvement of a sum exceeding Rs 10 crore, widespread public concern, require highly specialized knowledge of financial market, significant international dimensions where the requirement of legal, financial investment and investigative skills be brought together.[45]

Serious Frauds Investigation Office (SFIO), which was set up in 2003 as a specialized multi-disciplinary organization to deal with cases of serious corporate frauds should be attached with the `Serious Frauds Office‟ (SFO). A serious frauds monitoring committee[46](SFMC) should be constituted to oversee the investigation and prosecution of such offences headed by Cabinet Secretary.

When the pubic functionary is involved in a serious fraud, the SFO shall send a report to the Rashtriya Lokayukta and act according to the provided directions.[47] The Commission suggested that accepting money or any other valuable consideration to speak or vote in a particular manner in the Parliament should be considered into the corrupt acts.

For this purpose Article 105(2) of the Constitution which provides immunity to MPs or MLAs under Parliamentary privileges must be amended. Same arrangement should be made in Article 194(2) for members of the State legislatures.

Deviance And Profession

Deviance

Deviance is the recognized violation of cultural norms. Norms guide virtually all human activities, so the concept of deviance is quite broad. One category of deviance is crime; the violation of a society's formally enacted criminal law. Even criminal deviance spans a wide range, from minor traffic violations to prostitution, sexual assault, and murder.

Most familiar examples of nonconformity are negative instances of rule breaking, such as stealing from a campus bookstore, assaulting a fellow student, or driving while intoxicated. Not all deviance involves action or even choice. The very existence of some categories of people can be troublesome to others.

All of us are subject to social control, attempts by society to regulate people's thoughts and behavior. Often this process is informal, as when parents praise or scold their children or when friends make fun of a classmate's choice of music. Cases of serious deviance, however, may bring action by the criminal justice system; the organizations-police, courts, and prison officials-that respond to alleged violations of the law.

How a society defines deviance, which is branded as deviant, and what people decide to do about deviance all have to do with the way a society is organized. Only gradually, however, have people come to understand that the roots of deviance are deep in society.

Deviance is always a matter of difference. Deviance emerges in everyday life as we encounter people whose appearance or behavior differs from what we consider "normal." Deviance can be beneficial to society if unorthodox behavior leads to creativity or innovation. Alternatively deviance may be harmful as in the case of crime.

Profession

According to Webster it is believed that profession comes from the word 'profess' which means to receive formally into a religious community following a novitiate by acceptance of required vows. It might have something to do with the word 'priest' who is authorized to perform the sacred rites of a religion especially as R mediatory agent between man and God. According to Shaffer may be that priesthood was the oldest profession with special knowledge.

A priest was capable of doing such things, which an ordinary person could not do. Seen in this context, profession is originally meant to be a calling requiring specialized knowledge and often long and intense academic preparation. Oxford English Dictionary defines a profession as "a vocation in which professed knowledge of some department of learning or science is used in its application to affairs of others or in the practice of an art founded on it".

Cambridge International Dictionary of English defines a profession as "any type of work which needs a special training or a particular skill, often which is 'respected because it involves a high level of education".

Both definitions lay emphasis on intellectual and skill aspects of the profession.
  1. Every profession has code of conduct, conditions, rules and ethics.
  2. If any act violates such rules, etc., it is called as professional deviance.
  3. Professions includes: legal, medical, journalism, education, engineer, architect etc.

Causes Of Professional Deviances

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

Deviance In Medical Profession And Relation To Socio-Economic Offences

The medical profession is one of the oldest professions of the world and is the most humanitarian one. There is no better service than to serve the suffering, wounded and the sick. Inherent in the concept of any profession is a code of conduct, containing the basic ethics that underline the moral values that govern the professional practice and is aimed at upholding its dignity.

The medical Ethics underpins the values at the heart of the practitioner-client relationship. In the recent times, professionals are developing a tendency to forget that the self- regulation which is at the heart of their profession is a privilege and not a right and the profession obtains this privilege in return for an implicit contract with society to provide good, competent and accountable service to the public.

It must always be kept in mind that a Doctor is a noble profession and the aim must be to serve the humanity, otherwise, the dignified profession will lose its true worth. Doctors are also human beings having their own needs of life. They are considered as white-collar personality without any defect and expected to have morals, ethics and professionalism while treating their patients.

But as a human being to fulfill the never-ending demands, some doctors get involved in unethical practice in their profession leading to white collar crimes. Like other professions, medical profession could also offer lucrative opportunities for the criminal acts and unethical practices, which is the main cause for loss of faith over this profession. Crime in medical profession enhances day by day which is essentially an outcome of competitive economy.

Common Malpractices And Deviance In Medical Profession

  1. Submitting false post mortem reports, prepared by the examiner doctor to shield criminals and murderer.
  2. Issuance of false Medical certificate.
  3. Demanding and receiving commission from suppliers of medicines, other equipments and instruments to hospitals.
  4. Selling of medicines, injections and X-ray films, etc. which are supplied to public hospitals to private shops by the doctors and associate staff.
  5. The most common instances are illegal abortions, which includes procuring, assisting or attempting to procure illegal abortions.
  6. Performing pre-natal sex-determination test, which is banned by Indian law and after confirmation about female foetus doctor help to abort and kill that female foetus.
  7. Presenting false medical reports in rape cases and dowry deaths to save the criminals from hands of prosecution for money.
  8. Patients who come for operation and treatment at public hospitals and having personal contact or influence upon doctors or who otherwise please them with monetary consideration reported to be attended with particular attention and preference.
  9. Making fake, illegal and misleading claims of medical cure through advertisement in newspapers, magazines, radio and television.
  10. Prescribing medicines which one is not authorized to prescribe having regards to his training or the system of medicines. Like an Ayurvedic doctor prescribing allopathic medicines.
  11. Some doctors attend the patient who has been under the care of another practitioner or sometimes attend patients when under the influence of drink and drugs just because of monetary gain.
  12. Not attending the patient who is already under his treatment if doctor's illegal demands are not fulfilled by such patient or from his family members
  13. Some doctors provide secret services to criminals by giving expert opinion in court of law leading to their acquittal.
  14. Doctors, avoiding consultation in certain situation without care of life of patient e.g. In case of poisoning when diagnosis is in doubt or when any case has taken a serious turn and operation is to be performed immediately or if there is any accident case occur in hospitals.
  15. Treating the patient or refusing to treat patient solely on religious or personal grounds.
  16. Kidney racket is a most illegal practice adopted by few devil doctors with the help of some criminals. They purchase kidney from poor and needy persons for very low price and then sell it with great profit. Sometimes at the time of serious operations steals kindly from patient's body, such cases are common today.
  17. Advising unnecessary expensive tests and reports just for gaining marginal cut from that test.[48]

Causes Of Increased Cases Of Professional Deviance In The Medical Field

Increased industrialization, urbanization, growing competitive tendency, greed and lack of morals, ethics and lack of vigorous punishment are some causes of any types of deviance.

There are some additional causes for such deviances are as follows:
  1. Majority of people in our country are poor and illiterate and economically backward. They blindly follow what the health professional advised to them due to the trust on the doctors. They do not have adequate knowledge so they become easy prey for exploitation by such professionals. Whereas educated people who are well aware of such illegal acts of these professional deviants, are helpless to fight against such practices based on money, flattery and opportunism.
     
  2. Increased professional deviance due to strong back up of corrupt politician, who always support them to perform their illegal activities. In return such deviant professionals finance politicians at the time of election or help them in any illegal acts.
     
  3. Changing tendency of people to accumulate wealth by all means, when they find acute shortage of jobs and other opportunities for their children, as there is no guarantee from the State to provide livelihood.

Controlling Measures For Medical Deviance

  1. Through Governing bodies and enactment.
  2. Social awareness and imparting education about morals and ethics.
  3. Execution of stringent punitive laws to such deviance.

Lentin Commission Report

'In January 1986, tragedy struck the J.J. Hospital. Four departments were affected, Neurology, Neurosurgery, Nephrology and Ophthalmology.[49]

'It started with Bapu Thombre. He died on 21st January 1986. He was followed by 13 others. The last was Dawood Dholakia on 7th February 1986. They were all patients in the J.J. Hospital. They all died unnatural and untimely deaths. Their ages ranged from 10 to 76. Two of them were well on their way to recovery ... they too died. The common drug administered to all 14 was glycerine, otherwise a harmless drug in therapeutical doses used down the years by the medical profession the world over including the J.J. Hospital to combat oedema or swelling of the brain.

The 289 pages of the report, again in the restrained words of Justice Lentin, 'describe and illustrate the ugly facets of the human mind and human nature, projecting errors of judgment, misuse of ministerial power and authority, apathy towards human life, corruption, nexus and quid pro quo (a favour or advantage granted in return for something) between unscrupulous licence holders, analytical laboratories, elements in the Industries Department controlling the awarding of rate contracts, manufacturers, traders, merchants, suppliers, the Food and Drugs.

Administration (FDA) and persons holding ministerial rank. None of this will be palatable in the affected quarters. But that cannot be helped.'

Chapter III of the Lentin report summarizes the case histories of the 14 patients who died from the poisonous effects of diethylene glycol present in the glycerol given to them. Four of them had brain tumours; three were under treatment for head injury; one was being investigated for cerebral stroke; three had glaucoma; two had cataracts; one had iridocyclitis and one had undergone keratoplasty.

The early clinical manifestations of nephrotoxicity appeared within one to seven days of exposure to the toxic chemical. In all fourteen cases the average time of death was four to five days. Vomiting, gastrointestinal bleeding, abdominal pain, guarding and rigidity, distension and diarrhea formed the early features. Over the next two to three days oliguria, anuria, acidosis and instability of blood pressure followed.

Infusion of sodium bicarbonate, administration of acetazolamide, mannitol, frusemide and the use of dialysis (in twelve of the fourteen patients) were of no help. Autopsy showed acute necrosis of the renal cortices (with destruction of glomeruli and proximal tubules), centrilobular hepatic necrosis, extensive adrenal hemorrhage and changes secondary to renal failure.

Two patients had died by 24 January 1986. Glycerol was first incriminated on 27 January. Diethylene glycol was recognized as the toxic agent on 28 January. The animal experiments were concluded on 31 January. As pointed out by Justice Lentin, glycerol for medical use must have a concentration of glycerine not less than 98% and moisture not more than 2%. 'As against this, the glycerol sold by Alpana Pharm a to J.J. Hospital was: Diethylene glycol 18.5% Water 21 % Polyglycol 51 % Glycerol 9 %[50]

Recommendations Of The Commission

'If I could have it my way, several would be candidates for instantaneous dismissal from service and certain others for permanent cancellation of their licences. However, the rule of the law must prevail. Administratively, the J.J. Hospital, at one time reputedly the best-run government hospital in all Asia, is today in shameless.

Evidence reveals total lack of administrative or medical control or supervision by the Dean and Superintendent. If there had been, I have no doubt this ghastly incident could have been averted.

The J.J. Hospital is a gigantic complex. Hence it must be managed administratively and medically on the footing of an industry and in its present state of shameless, must be resuscitated on a war footing. In the present set-up, the Dean, even with the best of intentions (which however were lacking here), cannot possibly hope to cope up with administrative and medical problems single-handed. Put a professional in administrative charge and give him a free hand with clearly laid down parameters.[51]

Justice Lentin recommended two Deans--one on the medical side and one for administration, the two interacting harmoniously. 'A reasonable tenure must be assured to the Deans so as to ensure their involvement and commitment to the institution.

This would prevent Deans considering themselves merely as birds of passage and would also obviate their having an eye to aggrandizement by way of promotion, or preventing their transfers, to which end, ministers, bureaucrats and politicians must be pandered to and time wasted in Mantralaya rather than in the performance of their duties in the J.J. Hospital.

The Deans must be persons of independence and not compromise on principles or be subservient to ministers, politicians and bureaucrats in the discharge of their duties or in order to survive. The Deans must be given more power to operate within the budget for local purchases instead of having to run to "higher authority" every time for the purpose.

Commenting on the FDA, Justice Lentin pointed out that the Drugs and Cosmetics Act 1940 and Rules are comprehensive and contain requisite provisions and safeguards to ensure public health and safety. 'Unfortunately, by reason of rampant corruption, nepotism and total lack of accountability prevailing in the FDA, and ministerial interference, the provisions of the Act and Rules are observed more in the breach than in their compliance.

Justice Lentin emphasized that it was absolutely imperative that the provisions of the Act and Rules be scrupulously followed and implemented by the FDA officers without fear or favour. The FDA must be headed by an assertive Commissioner of proven administrative ability, preferably drawn from the Indian Administrative Service, Indian Police Service or the Defence Services, capable of withstanding ministerial, bureaucratic and political pressure without compromising on principles or being subservient to anyone in the discharge of his duties or in order to survive. He also recommended periodic refresher courses for FDA. Officers to keep themselves fully acquainted with the provisions of the Act and Rules.

Indian Legislations To Curb Medical Malpractices[52]

The Indian Penal Code has been enacted in order to curb the crimes committed by the criminals. As advancement gets improved step by step, various sorts of wrongdoings likewise get presented and polished in transit of influencing general society.

The government have passed new laws, amended the current laws and therefore provided an ideal opportunity to time the development of the planet to fully end those new mistakes that have taken place. These are the few acts which have reached the public through such methods.

Indian Penal Code, 1860
Cheating:
According to section 420 of the Indian Penal Code (IPC), "Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine"9 .

The equivalent applies to any individual who misleads any individual with an illegitimate goal by explicitly saying that the ailment of individuals can be restored by his treatment

In the case of Shri Bhagwan Samardha v. State of Andhra Pradesh,[53]Supreme court "took a positive move by considering that when somebody represents himself to offer prayers to god for curing the illness and induces the person to give money or any complements for that activity and he does not get a result, then it is a fraudulent representation and the court can consider that the offence of cheating as mentioned under Section 420 of IPC has been committed. In such cases, the penalty extends to a period of 7 years of imprisonment."

Forgery:
According to Section 471 of IPC "Whoever fraudulently or dishonestly uses as genuine any [document or electronic record] which he knows or has reason to believe to be a forged [document or electronic record], shall be punished in the same manner as if he had forged such [document or electronic record]."[54] In the case of Mulai Singh[55] it was held that "when a person took forged copies and presented in support of his title, he was held liable under section 471 of the Indian Penal Code, 1860."

Death:
"If death is caused by the administering of some terminal substance or doing some gross demonstration of carelessness by the quack in treating an individual, the inquiry emerges regarding whether he can be indicted under s. 302, 304, or 304A." If it is possible that the quack is mistaken a little, it would be an immediate and careless act to blame according to 304A because he knows that the patient can't be treated and hurt afterwards.

An infusion of a quack that infused the patient with terrible coolness causing the patient to pass was indicted under area 304A since the treatment was not off base but was misdirected. This judgement was Khushaldas v. State,[56]After that the case Juggankhan Jamshankhan v. State,[57] "which took a stronger viewpoint.

The Court aforesaid that the previous judgement failed to take into thought the very fact that the system that the quack was active failed to acknowledge the system of injections. The Court was of the opinion that in cases wherever the drug was fatal and not the one typically prescribed; the act can represent the definition of murder. Thus, such a heinous act causing death will be punished by imprisonment for life."

The Indian Medical Council Act, 1954
"The Medical Council is empowered to inspect the universities as to the courses of study and examination and can further withdraw recognition if the courses of study, equipment, training, etc. that do not conform to the standards prescribed by the Council."[58] An Indian Medical Register has to be maintained by the Indian Medical Council which contains all the names that are enrolled on any State Register.

Although, the Registrar's 'satisfaction' as to the person's medical qualification is required, some of the Registrars do not look into the credibility of the person's qualification but only accept the State register. The Council can set up an Executive committee for any special purpose under Section 9 of the Indian Medical Council Act.

Indian Medical Council Act, 1970
This Act refers to Indian medicines such as Ayurveda, Siddha and Unani. It tends to create committees for the constant monitoring of quacks in all of these fields of medicine. Such medical abuses are also prosecuted. In addition, this Act incorporates provisions on inspection and registration. In addition, there is a great deal of discussion in ayurvedic medicines regarding human and animal bones. The Central Council for Indian Medicine must take serious measures to monitor such practices.

The Medical Termination of Pregnancy Act, 1971
This Act which was mainly enacted by the parliament to abort certain pregnancies by registered medical practitioners. There are two main objectives which are supposed to be maintained by the government, the reproductive right of a woman should be upheld in case of termination of pregnancies and to protect the life of a human being in womb (foetus).

Generally, we know that an abortion is supposed to be done between 10 and 20 weeks of pregnancy, but the act gives the power to doctors to terminate that pregnancy after 24 weeks.

But there are certain conditions which will have to be followed by doctors like:
  • There should be any risk to life of the woman in giving birth the baby
  • There should be any case of foetal abnormalities.
  • In any case where immediate necessity to save the life of that pregnant woman
  • The pregnancy is happened due to rape on that woman, etc.
  • In India termination of pregnancy is considered a criminal offence according to Indian Penal Code, 1860.

Transplantation Of Human Organs Act, 1994
It was implemented with authorization by three states Goa, Himachal Pradesh and Maharashtra. Later on, others states adopted the regulations of this act as we got to know that human organs can be donated to another person who really need that organ. Here organs mean heart, lungs, kidneys, skin, tissues, bones, corona etc. could be donated. This act absolutely set rules and obligations mainly relating to who can donate, how this procedure will be conducting, who can receive the organ and all those.

Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
  1. It provides for the prohibition of sex selection, before or after conception.
It regulates the use of pre-natal diagnostic techniques only to detect genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations, haemoglobinopathies and sex linked disorders.

The Central Supervisory Board (CSB) was constituted by the government under Section 7 to review and monitor implementation of the Act and rules made there under
It 'criminalises' non-maintenance of medical records by obstetricians and gynaecologists and suspend their medical licence indefinitely.

It mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics.

Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities through any media in electronic or print can be imprisoned and fined.

Famous Cases Of Medical Deviance

  1. Syed Akbar Vs. State Of Karnataka[59]

    Criminal malpractice occur, when a doctor during the course of treatment violates the provisions of penal law and subject himself to prosecution by the state or to a complaint by the concerned party. Facts of the case: A plastic surgeon may alter the features of ridge characteristics of a criminal to erase the identification so that his foot print / full proof identification mark gets destroyed which generally happens in United States of America and some advanced country which amounts to an unlawful act.

    A doctor is duty bound to report all cases of violence coming to his knowledge, in which the commission of criminal acts suspected. If he fails to abide by this provision of the law, he will be liable for punishment under Section -202 of Indian Penal Code (I.P.C.). A doctor, if willfully make false a birth or death certificate or prepares a fraudulent affidavit for any purpose or willfully attempts to conceal the nature of a criminal act, is making him liable for criminal proceeding.
     
  2. Jaggan Khan Vs. State Of Mp[60]

    A Kaviraj, who was not a qualified Surgeon, cut the internal piles of a patient by an ordinary knife resulting of which the patient died of profuse bleeding. The Kaviraj was convicted under Sec.304-A IPC for his rash and negligent act. He pleaded for the benefit of Sec. 88 of the IPC saying that what he did was in good faith and he had obtained the consent of the patient and in the past he had performed several operations of same type. His plea was unacceptable to the court and he was held liable.
     
  3. Parmananda Katara Vs. Union Of India [61]

    Supreme Court gives a bold judgment that, it is the professional obligation of all doctors whether Government or private, to extend the medical aid to injured immediately to preserve the life without waiting legal formalities to be completed with the police under Criminal Procedure Code (CrPC). Article 21 of Indian Constitution, casts the obligation of those who are in charge of the health community and preserve life so that the innocent may be protected and the guilty may be punished. The given judgment by S.C. is a very significant ruling of the Court. It is submitted that if this decision of the court is followed in its true spirit it would help in saving the lives of many citizens who die in accidents because no immediate medical aid is given by the doctors on the ground that they are not authorized to treat medico-legal cases. When all doctors of this country would follow the rulings of the court earnestly and devote their profession for the services of patients and needy people of society that would become the true inspiration beyond the concept of professional ethics.
     
  4. Jacob Mathew V. State Of Punjab[62]

    "A patient named Jiwan Lal was admitted to a personal ward in CMC Hospital, Ludhiana. At 11 pm of the date 22-02-1995, the patient suddenly had issue in respiratory. His elder son, Vijay Sharma called the nurse and doctor once seeing his father's condition. No doctor turned up for 20-25 minutes. After that, Dr. Jacob Mathew and Dr. Allen Joseph came to the area for the patient.

    The patient was forthwith connected with associate gas cylinder to his mouth however the matter redoubled even so. Apparently, the gas cylinder was found to be empty and no different gas cylinder was offered. Vijay Sharma visited the hotel room and brought another gas cylinder. within the interior of this, around 5-7 minutes were wasted. Throughout this, the doctor confirmed that the patient is dead.

    The younger son, Ashok Kumar Sharma filed a primary info Report (FIR) underneath Section 304A scan with Section 34 of the IPC." The court held that "Reverting back to the facts of the case before us, we are satisfied that all the averments made in the complaint, even if held to be proved, do not make out a case of criminal rashness or negligence on the part of accused-appellant.

    It is not the case of the complainant that the accused-appellant was not a doctor qualified to treat the patient whom he agreed to treat. It is a cause of non-availability of oxygen cylinder either because of the hospital having failed to keep available a gas cylinder or because of the gas cylinder being found empty. Then, probably the hospital may be liable in civil law (or may not be we express no opinion thereon) but the accused-appellant cannot be proceeded against under Section 304-A of IPC on the parameters of Bolam's test."
     
  5. Thakur's Case[63]

    In August 2016, Surat resident Brijkishore Jaiswal required a kidney transplant and was prepared to receive one from Shobha Thakur, a 42-year-old domestic employee from rural Gujarat. however so as to urge the excretory organ, Jaiswal tried to pass Thakur off as his mate and aforesaid that she was donating the organ selflessly. Jaiswal was paying Thakur for her kidney and therefore breaking the law, that bans commercial organ donation.

    Once the racket, involving doctors at the Dr LH Hiranandani Hospital in city, came to news, Thakur was left stranded by the hospital. The doctors had begun the surgery along with her, however were stopped by the city Police before they retrieved her organs.

    She was inactive within the case and had to stay in jail 5 weeks once bail was granted as she didn't have the cash to rearrange for it, nor was anyone from her village willing to rearrange for a warranter from her. Nonprofit organisations just like the Centre for Enquiry into Health and Allied Themes and Human Rights Law Network in city helped Thakur once her arrest."
     
  6. Major Pankaj Rai Vs The State Of Karnataka[64]

    "Major Pankaj Rai's spouse Seema was affected by a kidney disorder. The doctors took Seema to the operation theatre for excretory organ and exocrine gland Transplant while not her family's permission. Pankaj Rai had to pay 8.25 lakhs for the operation and Seema has lost her life conjointly. The doctors did not even tell their families concerning Seema's death and transitioned their mobiles.

    The hospital does not have a license for the exocrine gland transplant. The court has ordered that the Respondent (i.e. doctor) is debarred from performing arts the surgery. during this case, it tells that the hospital has operated while not a license for exocrine gland transplant and consent of the patient's family. during this case, it's well clear that to form cash some doctors involve in such quite extra operation to earn cash."

Deviance In Engineering Profession And White Collar Crimes

Engineers develop new technological solutions. During the engineering design process, the responsibilities of the engineer may include defining problems, conducting and narrowing research, analyzing criteria, finding and analyzing solutions, and making decisions. In between these works there comes deviation from professional ethics which ultimately leads to Socio-Economic offence.

Deviance By Engineers

  1. Underhand dealing with contractors and suppliers.
  2. Passing of substandard works and materials.
  3. Construction of buildings, roads, canals, dams and bridges with sub-standard material.4
  4. Computer related crimes theft of communication services, tax evasion, etc.
  5. Cyber-crimes by highly talented engineers.

Deviance Related To Architecture In Civil Engineering

With respect to architectural practice, white collar crimes are rampant in the construction industry. The construction industry is perhaps one of the oldest industries in the world. The ancient monuments like the Egyptian pyramids, the temples of Greeks and Romans like Parthenon and Pantheon, the robust bridges, old Roman theatres, the citadels and many more are the best testament to it.

At the same time, there are many reports available depicting that the construction industry is one of the most corrupt sectors worldwide. The reason for corruption in construction is the nature of the construction project itself which facilities corruption. Construction projects normally have a large number of participants linked together.

Each link has its own contractual form where every item of work, acceptance of lower quality work extension of time or approval of additional payments provide an opportunity for corruption, indeed every contractual link provides the opportunity for someone to be engaged in corrupt practices.

Major reasons are project phases, size, uniqueness, the complexity of the projects, concealed work, and lack of transparency and extent of government involvement. Architects form a part of the chain and contribute to the economic offences. It is important to understand the specific areas where the architects contribute to the white collar crimes in the infrastructure sector.

They are as follows:
  1. Manipulation of Design:
    A project owner appoints an architect to design a project. One of the competing contractors who is tendering for the project bribes the architect to provide a design with which only that contractor can fully comply. The bribe is the promise by the contractor of significant future work for the architect. The architect 44 provides an appropriate design. This design can be manipulated to the advantage of the contractors.
     
  2. Inflated claim for variation:
    A contractor is instructed by the architect appointed by the project owner to carry out a variation to the works. The contract entitles the contractor to an extension of time and an additional payment in this circumstance. The contractor submits a written claim in respect of the variation to the architect which deliberately exaggerates the manpower, materials, equipment and time required to carry out the variation.
     
  3. False extension of time application:
    In case of delay on the contractor's part, the contractor submits a written claim to the architect appointed by the project owner which alleges that the whole delay was attributable to the change in specification. The architect accepts the contractor's claim and awards the contractor an extension of time and additional payment. The project owner pays the additional payment.
     
  4. False variation claim:
    A contractor carries out work which is not in compliance with the contract specification. Under the contract, the architect is responsible for issuing variations. The contractor offers the architect a bribe if he confirms in writing that the work was carried out rsuant to a variation issued by the architect, and is therefore acceptable. The architect does so.
     
  5. Delayed issue of payment certificates:
    The project owner offers the architect a future appointment on another project if the architect delays the issue of payment certificates which are due to the contractor. The architect agrees.
     
  6. Set-off of false rectification costs:
    Under the contract, the architect appointed by the project owner is required to specify outstanding defects. The project owner persuades the architect to include, in the schedule of defects, additional purported defects which in fact are not outstanding. Other deviances include conducting architectural practice without due registration.

    The architects who were involved in the 2014 Moulivakkam building collapse in Chennai were later found to have not registered with the Council of Architecture under the Act. When these professionals engage with the public sectors, they involve economic offences.

    In 2016, an architect in Washington, D.C was found to have bribed the official in Cleveland Veterans Administration for getting insider information so as to enable their firm to procure the contracts in bidding. In India, architects join hands with the government officials in committing white collar crimes.

    In construction cases, the architects are authorized to give completion certificate after the completion, and corruption happens at this place. In 2017, an architect, along with the engineers of Vadodara Urban Development Authority (VUDA), was arrested for demanding a bribe for providing the completion certificate.


Poor Public Infrastructure In India

Bridge collapse in India is gloomy saga of rampant corruption, use of substandard material, red-tapism and institutionalized plunder of money of common man. This is evident from hundreds of these types of incidents.[65] Some major incidents are:
  1. 21 July 2001: Kadalundi River rail bridge in Kadalundi - 57 killed
  2. 10 September 2002: Rafiganj rail bridge in Rafiganj - 130 killed
  3. 29 October 2005: Veligonda Railway Bridge in Railway bridge - 114 killed
  4. December 2006: Pedestrian bridge Bhagalpur in - 30 killed
  5. 9 September 2007: Flyover bridge Punjagutta in Hyderabad - 20 killed
  6. 1 Oct 2008: Under-construction flyover in Lucknow - 6 Killed
  7. 25 December 2009: Kota Chambal Bridge Kota in Rajasthan - 9 killed - 45 missing
  8. May 25, 2012: Pauri Garwal, Uttarakhand - Under construction Bridge - 6 killed
  9. June 10, 2014: Flyover in Surat - 3 Killed
  10. Aug 25 2015: Flyover in Nawada - 4 killed
  11. 31 March 2016: Vivekananda Flyover Bridge Kolkata - 27 killed, 80+ injured
  12. 2 August 2016: Savitri River Bridge, Maharashtra - 28 killed
  13. 18 May 2017: Sanvordem River Bridge, Curchorem, Goa 2 killed, 30 missing
  14. May 16, 2018 : Under-construction flyover in Varanasi - 18 Killed
     
In all these incidents one thing was common and that was corruption, faulty designs and use of substandard material. Further always newspapers are flooded with news of broken and damaged roads, potholes, unplanned sewage chambers. All these issues are grave but what authorities care about is money through corruption and nothing else.

Cyber Crimes By Engineers And Legal Mechanism To Control Cyber Crimes

Cyber Crime in India has been rapidly evolving since the dawn of the technological era. Every day, in fact, you get to hear different tricks, scams and many other offences being committed on the cyberspace. There are many types of cyber crime in India that have already been listed under the Information Technology Act, 2000, suggesting various types of crimes. Also in order to follow the guidelines of cyber crime act in India, in major cities, many cyber crime cells in India have been set up.

With the advancement of technology, recent cases of cyber crime in India has also increased. Today, many crimes like kidnapping, fraud, hacking, data theft are being committed with the help of internet. Criminals who perform such activities are often referred to as "hackers". These hackers are generally people who have degrees and diplomas in Computer Science or people from Engineering background who have access to smart resources in their professional capacity. Many of the cyber crime cases in India are registered under the IT Act.

Digitalization is unbridled these days and the Internet has made life easier for everybody, with everything just a click away. From white collar crimes to attacks by terrorist organizations, the number of cyber crimes in India has also increased. It has made man dependent on the technology for every little basic need. Today each need is covered online like online shopping, ordering food, online gaming, making payments and etc.[66]

Types of Cyber crimes
Cyber crime can be committed in two ways - one in which the computer is the target of a cyber attack, and the other in which the computer is used to commit a cyber crime against any person or entity.

Cyber crimes in India are categorised into main four types which include:
  1. Cyber crime against a person:
    This type of cyber crime is committed against a person using an electronic domain as a medium. This includes crimes like Cyber stalking, Hacking, Cracking, Defamation, Online Fraud, Dissemination of Obscene Material, Child pornography, Spoofing, Phishing.
     
  2. Cyber Crime against property:
    Cyber crime against property is committed using an electronic device as a medium. Here, the property does not mean any immovable property but includes movable and intangible property like computers, Intellectual Property, etc. This includes crimes like Transmitting virus, Cybersquatting, Cyber Vandalism, Intellectual Property Crimes.
     
  3. Cyber crime against Government:
    The government of a country may become the target of a cyber crime as well. Any cyber crime committed against a government is committed to threatening the unity, honour, and security of the target country. This includes crimes like Cyber Warfare, Cyber Terrorism.
     
  4. Cyber crime against society:
    When a cyber crime is committed against numerous individuals, it is known as cyber crime against society. This includes crime like Online Gambling, Cyber Trafficking.


Legal Mechanism To Control Cyber Crime

  1. Information Technology Act, 2000
    The Indian cyber laws are governed by the Information Technology Act, penned down back in 2000. The principal impetus of this Act is to offer reliable legal inclusiveness to eCommerce, facilitating registration of real-time records with the Government.

    But with the cyber attackers getting sneakier, topped by the human tendency to misuse technology, a series of amendments followed. The ITA, enacted by the Parliament of India, highlights the grievous punishments and penalties safeguarding the e-governance, e-banking, and e-commerce sectors. Now, the scope of ITA has been enhanced to encompass all the latest communication devices.

    The IT Act is the salient one, guiding the entire Indian legislation to govern cyber crimes rigorously:
    Section 43 - Applicable to people who damage the computer systems without permission from the owner. The owner can fully claim compensation for the entire damage in such cases.

    Section 66 - Applicable in case a person is found to dishonestly or fraudulently committing any act referred to in section 43. The imprisonment term in such instances can mount up to three years or a fine of up to Rs. 5 lakh.

    Section 66B - Incorporates the punishments for fraudulently receiving stolen communication devices or computers, which confirms a probable three years imprisonment. This term can also be topped by Rs. 1 lakh fine, depending upon the severity.

    Section 66C - This section scrutinizes the identity thefts related to imposter digital signatures, hacking passwords, or other distinctive identification features. If proven guilty, imprisonment of three years might also be backed by Rs.1 lakh fine.

    Section 66 D - This section was inserted on-demand, focusing on punishing cheaters doing impersonation using computer resources.
     
  2. Indian Penal Code (IPC) 1980
    Identity thefts and associated cyber frauds are embodied in the Indian Penal Code (IPC), 1860 - invoked along with the Information Technology Act of 2000.

    The primary relevant section of the IPC covers cyber frauds:

    Forgery (Section 464) , Forgery pre-planned for cheating (Section 468), False documentation (Section 465), Presenting a forged document as genuine (Section 471), Reputation damage (Section 469)

Conclusion

Socio- Economic offences in today's world of greed, morality and apathy has become a norm. Though every profession have some professional ethics attached with it but there is definitely some deviance. When we analyse medical profession, we can see that inspite of being considered a noble profession this is not free from corruption. This is not only about the matter of ethics of the medical fraternity as a whole but also in future who else are practicing this profession are being questioned.

The people who consider the doctors as equivalent to the god, if those doctors make their profits at the cost of the mass's live that is totally against the ideology of mankind. These crimes, although are non-violent, shakes the faith of the common masses towards the doctors who are revered highly in the society. The Government must take steps to make databases of every doctor in the country easily accessible to public.

These databases shall contain the record of their authorized and true degree certificates and their conduct as doctors. Many steps are needed to be taken to help the medical profession maintain its sanctity. The media must also play its role in publicizing white-collar crimes regarding this profession so that none of the cases of medical negligence and malpractices go unreported.

The Indian Constitution which gives the right to every person to live a healthy life under Article 21 of the Indian Constitution, therefore our government should watch out for more of these wrong doings and take appropriate legal actions against those perpetrators of such crimes. Government is also duty bound to let the people know about these types of crimes in order to make them aware of it so that they cannot be deceived in future.

Similarly Engineering profession is also suffering from various deviances like 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. Though there are various legal provisions to prevent these type of offences but still we need to uphold the virtues of morality.

End-Notes:
  1. Santhanam Committee Report
  2. Law Commission Report, 29, 1
  3. Id.
  4. Santhanam Committee Report, 11
  5. Law Commission Report, 47, 2
  6. Id.
  7. Law Commission Report, 47, 2
  8. Id., 11
  9. Id
  10. Id., 3
  11. Id.
  12. Supra note 2, 47
  13. Id., 19
  14. Income Tax Act, 1961
  15. Latilla V Inland Revenue Commissioner, Law Reports 1943 Appeal Cases, 381
  16. Supra note 2, 61
  17. Id., 62
  18. Id., 69
  19. Hennessy etal., Systemic Failure in the Provision of Safe Food, Food Policy, 28(1):82
  20. M.R. Grossman, Genetically Modified Crops in the United States: Federal Regulation and State Tort Liability, ENVLEREUK, 18 (2003)
  21. Prevention of Food Adulteration Act, 1954
  22. Municipal Corporation of Delhi V Surja Ram, (1965) CrLJ 571
  23. Food Safety and Standards Act, 2006
  24. Id
  25. Indian Penal Code, 1860
  26. Prevention of Corruption Act, 1947
  27. Prevention of Corruption Act, 1988
  28. Supra note 2, 74
  29. (a) The Prevention of Food Adulteration Act, 1954. (b) The Fruit Products Order, 1955. (c) The Meat Food Products Order, 1973. (d) The Vegetable Oil Products (Control) Order, 1947. (e) The Edible Oils Packaging (Regulation) Order, 1998. (f) The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967. (g) The Milk and Milk Products Order, 1992. (h) Any other order issued under the Essential Commodities Act, 1955, relating to food.
  30. M/s Rajputana Distributers v/s Deputy Commissioner of Customs and Other, W.P. No. 19279/2011 of, the directions/order dated 23.09.2011.
  31. Swami Achyutanand Tirth & Ors vs Union Of India, W. P. No. 159 0f 2012.
  32. The Prevention of Corruption Act, 1988, Section 6.
  33. Government of India, Second Administrative Reforms Commission (ARC), 4th Report on Ethics in Governance, 5- 6.
  34. The Fourth Report of 2nd ARC, op. cit., (para 3.2.1.10)
  35. The Prevention of Corruption Act, 1988, Section 7.
  36. The Fourth Report of 2nd ARC, op.cit (para 3.2.2.7)
  37. The Prevention of Corruption Act, 1988, Section 19
  38. The Fourth Report of 2nd ARC, op. cit (para 3.2.3.2).
  39. Ibid (Para 3, 2, 5, 6).
  40. Ibid, (para 3.3.7).
  41. Ibid, (para 3.4.10).
  42. Ibid, p. 154
  43. Ibid, (para 3.5.4)
  44. Ibid, (para 3.6.4)
  45. Ibid, (para 3.7.19)
  46. The Chief Vigilence Commissioner, Home Secretary, Finance Secretary, Secretary Banking/Financial Sector; a Deputy Governor, RBI; Secretary, Department of Company Affairs; Law Secretary and Chairman Security Exchange Board of India (SEBI) etc. should be its members.
  47. The Fourth Report 2nd ARC, op. cit., (para 4.7.19). [26] Ibid, (para 3.9.4).
  48. Ronak Singh Bhangu, WHITE COLLAR CRIME IN THE MEDICAL FIELD: A STUDY IN INDIAN PERSPECTIVE, http://ijrar.com/upload_issue/ijrar_issue_20543600.pdf
  49. Manoj Mahadeo Ramugade PROFESSIONAL DEVIANCE IN MEDICAL FIELD - A TIME TO RETHINK http://journalcmpr.com/sites/default/files/issue-files/0628-A-2017.pdf
  50. Lentin B, Justice. Report of the Commission of Inquiry (Re. Deaths of patients in J.J. Hospital at Bombay in JanuaryFebruary, 1986 due to alleged reaction of drugs). Government of Maharashtra, Medical Education and Drugs Department, Bombay, 1988, p. 1.

    Abhishek Chatterjee , Souharddya Chowdhury , Debanjali Chandra , Shreya Chatterjee , Anamika Sarkar , Manorama Patra, Analysis of White-Collar Crimes in Medical Profession with Special Reference to Observations By Lentin Commission Report http://www.ijaresm.com/uploaded_files/document_file/Abhishek_Chatterjee,_Souharddya_Chowdhury,_Debanjali_Chandra,_Shreya_Chatterjee,_Anamika_Sarkar,_Manorama_PatravZK0.pdf
  51. Id.
  52. Id
  53. Available at: http://www.hindu.eom/2006/09/30/stories/2006093000500300, accessed on 07/11/2021
  54. AIR 1999 SC 2332
  55. The Indian Penal Code, 1860 (Act No. 45 Of 1860) s.471
  56. (1906) 28-All 402
  57. AIR 1960 MP 50 203
  58. AIR 1963 MP 102
  59. B.S. khetrapal, Indian Medical Council Act, 1954, (pooja law house, 2013).
  60. AIR 1979 SC 1843
  61. 1965 SC 831, 1965 Cr. L J 16
  62. AIR 1989 SC 1039
  63. AIR2005SC3180; (2005)6SCC1; 2005CriLJ3710
  64. Manekarao, (Dec 14, 2017 A 02:30 pm) available at: https://scroll.in/pulse/861390/indias-laws-onorgantransplants-to-little-to-protect-rights-of-organ-donors. (last visited December 4, 2020).
  65. W.P. NOS. 12721-724/2012
  66. Available at URL: https://www.oneindia.com/india/incidences-bridge-collapse-india-2769242.html, accessed on 06/11/2021
  67. Available at URL:https://www.ijiris.com/volumes/Vol3/iss9/09.DCISSP88.pdf, accessed on 06/11/2021

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly