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Crime and

Sociology Paper VII Assignment

25/02/2020

Submitted To:

The Department of Sociology

Submitted By:

Priya K.

17HN024K

III BA HENGS

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Introduction to

A crime is an unlawful act punishable by a state or other authority. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. the notion that acts such as , rape and theft are to be prohibited exists worldwide. what precisely is a criminal offence is defined by criminal law of each country. While many have a catalogue of called the criminal code, in some common countries no such comprehensive statute exists.

The state has to severely restrict one's liberty for committing a crime. In modern , there are procedures to which investigations and trials must adhere. If found guilty, an offender may be sentenced to a form of reparation such as a community sentence or depending on the nature of their offence to undergo imprisonment or, in some jurisdictions, execution.

While every crime violates the law, not every violation of the law counts as a crime. breaches of private law (torts and breaches of contract) are not automatically punished by the state, but can be enforced through civil procedure.

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Concept of Crime

Crime is not just a wrong against an individual but is also a wrong committed against the or a public wrong and includes acts like murder, rape and theft to mention a few. it is not a case of differences between two parties but is a case between the wrongdoer and the state.

The idea of the need for punishment is a common element to defining crime; however, it may also include any action or which causes harm to person or property or in any way violates the criminal law. The concept of law involves violation of moral codes followed by some level of social disapproval but it is important to recognize that not all crimes are disapproval of by all people.

Crime is of individualistic responsibility and so places blame on individuals rather than the systems they are contained within. However, by viewing crime in relation to social and political theory, it is possible to look at the causes of a person's behavior, which may render them irresponsible for theory actions, and also to define actions as crime, which may not be considered so within the society itself.

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Definitions of Crime

According to R.C. Nigam, "A crime may be an act of disobedience to such a law forbidding it or commanding it. But then, sometimes, disobedience of law may not be a crime, for instance disobedience of civil laws. Therefore, crime would mean something more than mere disobedience of law.” (1)

According to A.G. Bradlaugh, "If the punishing of a wrongdoer is the remedy given and enforced by the prosecution at the suit of the crown, the wrong so addresses is crime or criminal in nature.” (2)

According to Sir William Blackstone, “An act committed or omitted in violation of Public Law forbidding or commanding.” (3)

According to Michael and Adler, “Crime is an act which is socially harmful.” (4)

According to Prof. Reckless, “Criminal behavior is a violation of the rules of the social order. Crime, sociologically speaking is a fundamentally, a violation of conduct norms which contain sanctions, no matter whether found in the criminal law of a modern state or merely in the working rules of special social groups.” (5)

(1) R.C. Nigam, Law of Crime in : Asia Publishing House 1965 (2) A.G. Bradlaugh, 1884 14 QBD 667 (3) Definition of Crime, Law notes in https://www.lawnotes.in/Defintion_of_crime, March 7th, 2019 (4) Michael, J. and Adler, M.J., Crime, Law and Social Science (1993), pp.2,3 (5) Reckless, W.C., Criminal Behaviour (1940), pp. 9-10

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Types of Crime

There are many types of crimes. But criminologists commonly group crimes into the following five major categories.

1. Violent Crime: A violent crime or crime of violence is a crime in which an offender or perpetrator uses or threatens to use force upon a victim. This entails both crimes in which violence is used as a form coercion. Violent crimes may or may not be committed with weapons. Depending on the jurisdiction, violent crimes may vary from homicide to . Typically, violent criminals include aircraft hijackers, bank robbers, muggers, burglars, terrorists, carjackers, rapists, kidnappers, torturers, active shooters, murderers, gangsters, drug cartels and others.

2. Property Crime: Property crime includes crimes that are not directed specifically at individual people. Rather, these crimes are aimed at property crime, property may be destroyed or defaced in some way. Usually people aren’t injured since the intent is typically focused on obtaining or defacing the property in question, but it’s possible that individuals may be harmed, as in the case of arson. They include burglary, theft, shoplifting, larceny, trespass, vandalism, arson.

3. White-Collar Crime: Crime that is committed by salaried professional workers or persons in business and that usually involves a form of financial theft or fraud, embezzlement and money laundering.

4. : Organizes crime refers to criminal activities which involve large numbers of people and are organized and controlled by a small group. Organized crimes includes drug trafficking, migrant smuggling, human trafficking, money laundering, fire arms trafficking, illegal gambling, extortion, counterfeit goods and .

5. Consensual Crime: A Consensual crime is a crime in which there is no victim and all parties to the situation or activity that is happening. Prostitution and illicit drug use are two examples of consensual crime

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Bullying

Concept and Definition

Bullying is an intention aggressive behavior towards another individual involving an imbalance of power, and intentional misuse of power to harm the victim through acts like hitting, making fun of, preventing from doing something, spreading rumors or embarrassing information, destroying peer relationships and so on.

Anuja Kapur, a Delhi-based psychologist and socialist says, “Bullying is a global issue and it is the most common exercised by kids because of the varied behavioral characteristics.”

According to Meyer, “Bullying is repeatedly and over time intentionally inflicting injury on another person.” (Meyer 2009:2)

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Types of Bullying

Bullying can happen anywhere – in schools, colleges, play areas, malls, workplaces and also online. Depending on its nature, bullying can be categorized as:

1. Physical Bullying: This is the most common form of bullying. In physical bullying, the perpetrator, or the bully, uses physical strength to intimidate or hurt the victim. This type of bullying usually involves hitting, kicking, pushing, pinching, rude gestures, or stealing or damaging the victim's belongings.

2. Verbal Bullying: This is another form of bullying which is quite common. In verbal bullying, the bully indulges in name calling, insulting, teasing, belittling and demeaning, body shaming, threatening, hurling racist or sexist insults, or .

3. Social Bullying: This is also referred to as relational bullying. It is an indirect type of bullying. Social bullying involves ignoring or leaving the victim out of a group, embarrassing the victim in the public, spreading rumors to defame or destroy the victim's relationship with others, and telling others to not be friends with the victim.

4. Sexual Bullying: This type of bullying involves passing vulgar sexual remarks, sexting, posting pornographic images or videos, inappropriate physical contact such as unwanted hugging, brushing, touching or pinching, forcing to be in a relationship, and pressuring to play games with sexual element such as taking clothes off or kissing.

5. Prejudicial Bullying: When an individual is bullied because he is perceived as different from the others, it is called prejudicial bullying. An individual can face prejudicial bullying because of his race, religion, color of skin,

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gender, or sexual orientation.

6. Cyberbullying: Using digital technology such as the computers, cell phones and the Internet to harass and threaten someone is called cyberbullying. It usually happens through texting, email and tweets, and posting images and videos. It is difficult to trace the individual indulging in cyberbullying without the use of technology.

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Major Behavioral Characteristics Associated with Bullying

I. Intentional: Children can hurt other children by accident; but school bullying is always intentional and meant to cause some sort of harm, either physical or verbal. “This behavior persists even after the victim has asked the bully to stop,” says Kapur.

II. Repetitive: School bullying occurs repeatedly as seen in many cases. Bullies often target children who they know will not do anything about the behavior, so they can continue this act for as long as they like.

III. Hurtful: Bullying is a negative behavior that may include physical or verbal harm. It can also greatly affect the psychology of the one who may be bullied.

IV. Imbalance of power: If two children hold an equal amount of power, one cannot bully the other. This imbalance of power can come from different sources, including age, size, strength, and social status.

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Bullying in India and Worldwide

Children studying in schools and colleges throughout the world report incidences of bullying. A UNESCO report titled, 'Behind the numbers: Ending school violence and bullying' says that, "Almost one in three students (32%) has been bullied by their peers at school at least once in the last month… In Europe and North America, psychological bullying is the most common type of bullying. Cyberbullying affects as many as one in ten children." The report further states that, "Bullying prevalence has increased in almost one in five countries, and has remained unchanged in one in three countries."

In India too, there is a sizeable population of children who have been victims of bullying. Patel et al in their study, 'Bullying in Urban Schools', published in the journal of Indian Pediatrics say, "We found 29.7% students being victimized by bullying. Girls who are victims reported higher experience of emotional and sensitive forms of bullying whereas boys who are victims reported higher experience of physical and verbal means of bullying.” Bullying can affect everyone, irrespective of their age. Here are some of the headlines published in leading Indian newspapers and websites which tell us how harmful bullying can be:

1. Boy 'bullied' to death — The Telegraph — 7 May 2016 — In this case, a 14-year-old victim of bullying committed by leaping from the 10th floor of the apartment he lived in.

2. MBBS Student Commits Suicide in Kerala, Facebook Post Hints at Cyber Bullying — India.com — 16 Nov 2017 — It is suspected that this 23-year-old ended his life due to cyberbullying.

3. The bullying that led this doctor to take her own life — BBC.com — 29 May 2019 — A 26-year-old medic was driven to commit suicide because of bullying by her colleagues.

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What Causes a Child to Become a Bully?

Most children know the difference between good and bad behavior, yet some of them turn into a bully. Let's look at some of the reasons that makes a child indulge in bullying:

1. Anonymity (facilitated through mediums such as the Internet)

2. Bystanders or onlookers who disapprove but do little to intervene when the child indulges in bullying

3. A high-pressure or stressful environment, which increases self-comparison, anger and jealousy

4. A culture which endorses bullying or approves such behavior (for example, cultures where male domination of females is romanticized or ingrained)

5. Feeling of entitlement and being all powerful

6. Lacking the ability to empathize with others

7. Lacking the social skills to problem-solve and get along with others.

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How Does Bullying Affect a Child?

Bullying affects both the victim and the perpetrator. The study by Wolke and Lereya, 'Long-term effects of bullying', published in the journal, Archives of Disease in Childhood (2015), found that victims of bullying are more likely to:

1. Suffer from health issues such as colds, headaches, stomach aches and sleeping issues

2. Take up smoking

3. Internalize problems

4. Suffer from anxiety disorder or depression

5. Experience hallucinations or delusions

6. Indulge in self-harm or think about suicide

7. Show poor academic performance

The same study also outlined how being a bully affects a child. The study found that bullies were more likely to:

1. Indulge in aggression, impulsivity, violence and criminal activities

2. Use illicit drugs, tobacco and alcohol

3. Show poor academic performance

4. Engage in early sexual activity

5. Be unemployed or have difficulty keeping a job in the future

6. Be abusive towards their spouses, friends and children

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How to Prevent Bullying?

1. Schools must have a definitive child protection policy with stringent measures to prevent bullying in any form – verbal, emotional or physical. Students should be made clearly aware of this policy, just as they are made familiar with the school pledge or school prayer. There should be a code of conduct for the students that has clear guidelines for behavior management and one that also clarifies appropriate student-to-student, and student-teacher behaviors.

2. Every teacher should be put through an orientation programme on what bullying is. There are too many vague and misinformed beliefs about bullying. This often leads to bullying being ignored and the problem remaining unaddressed. It would be good if the different types of bullying are documented and shared with teachers and students.

3. Teachers should identify children at risk of becoming a bully (aggressive, violent, emotionally unstable or with negative body language) or a victim (timid, shy, withdrawn, oversensitive or having low self-esteem), and make extra efforts to give them emotional support.

4. Schools should dedicate time within the curriculum to have group sessions on behavior management for students. They should make these sessions interactive and structured. Activities, games, videos and stories should be used to help children discuss, understand, learn and practice values like empathy, compassion, friendliness and amicability.

5. Schools should actively engage parents and form a school safety committee to prevent bullying. This committee should meet frequently to discuss its course of action and also conduct awareness programmes on bullying in the school.

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6. Parents should pay attention to their children and listen carefully to what they have to say. They should look out for possible warning signs that include unexplained injuries, loss or destruction of personal belongings, abnormal eating habits and the child trying to avoid school or other social gatherings.

7. Parents should take bullying seriously and acknowledge its dangers. If a child reports any instance of being bullied, the first thing the parents should do is believe him. They should then react swiftly, before the problem gets out of hand. If they ignore these warnings, things could get worse.

8. Parents should make sure to have daily conversations with their children and to ask questions about what’s happening in school. They should look for signs of helplessness and tune in to what is going on in their children’s lives.

9. Parents should build on the child’s strengths to help him develop self-worth, self-respect and dignity. They should also teach the child how to use the kind of body language that will convey self-confidence and the ability to stand up for himself. Role-play of potential bullying situations and training the child on how to respond appropriately would also help tremendously.

10. Bullying often happens among siblings. This learned behavior is then carried over into other social settings. Parents should be alert to bullying at home and deal with it firmly. They should also be role models for respectful communication among family members.

11. Parents should avoid false praise, as it feeds a child’s ego adversely. She then believes she is the best and uses bullying to maintain this status with peers.

12. If parents identify their child as a bully, they should take immediate action to help him overcome his abusive or arrogant nature. They should take him for counselling for moral training and behavioral correction.

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Anti-bullying laws in India

1. Bullying in school

 Anti-bullying committees: The Central Board of Secondary Education (CBSE) ordered the setting up of Anti-Bullying Committees in 2015, by issuing guidelines for prevention of bullying and ragging in schools. Various methods to deal with this menace have been suggested, including warnings, suspension and, in extreme cases, rustication/expulsion of bullies. This circular suggests that anti-bullying committees be set up in schools.

 Counsellors: The circular suggests that counsellors be engaged in schools where students have complained of bullying. If you receive complaints about your child being bullied or hear about instances of bullying in his school, you can propose that the school engage a trained counsellor to deal with the issues.

 PTA meetings: It is important to note that the circular recognizes the importance of family background and the influence of parents in cases of bullying. If your child has complained of bullying in school or you have received complaints about your child indulging in bullying, it is important that you speak to the teachers and parents of other children as a first step. This may make all the difference in your child’s school life and future.

2. Ragging in college

 UGC circular: An anti-ragging notification was issued by the UGC in 2009 to address the brutal ragging faced by college students. The notification exhaustively defines ragging and calls for setting up Anti-ragging squads and engaging trained counsellors among other measures. Since this notification, ragging in colleges is better regulated; however, it is yet to come to an end.

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 Relevant sections of the IPC: Most college students engaged in ragging juniors are over the age of 18. This means they are considered adults by the law, capable of committing criminal acts. Hence, they can be booked under various sections of the , depending on the result of their bullying. Some of the sections they may be found guilty under are Ss. 506 (Punishment for criminal ), Ss. 323 – 326 (causing hurt and grievous hurt and the punishments for the same) and so on. In cases resulting in the death of the victim of bullying or ragging, the sections of the IPC dealing with culpable homicide (S. 304) and abetment of suicide (S. 306) may apply.

3. Laws against cyberbullying

Technological advancements, though beneficial for the most part, have also increased the reach of bullies to a great extent. Earlier, children escaped from the clutches of bullies once the school day was over; however, nowadays, bullying continues on social networking sites. This means that there is no respite for many children. The following laws are directed against cyberbullies:

 Cyberbullying among school children: The CBSE circular also recognizes cyberbullying as a form of bullying in schools and the methods mentioned in the circular to curb bullying also apply to cyberbullying.

 IPC: S. 506 and S. 507 of the IPC which deal with criminal intimidation may be applicable to cyberbullies, depending on whether the bully is acting anonymously or not. S. 499 of the IPC which defines defamation may also be used if the cyberbully threatens to publish false information about the victim that may affect his/her reputation. An amendment to the IPC has included , sexual harassment and harassment in general through electronic means in Ss. 354 A and D of the IPC. This may also apply to cyberbullies.

 IT Act: S. 66 E of the IT Act dealing with punishing violation of privacy

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may be applied to cases of cyberbullying where the bully threatens to publish private communication or pictures sent to him by the victim.

 The ReThink App: This is an app developed by an American-Indian teenager in an effort to curb cyberbullying. In many cases, children or adolescents unthinkingly send out hurtful and bullying messages to their peers. This app recognizes certain word patterns and prompts the user to rethink sending out the message. Its introduction has shown a drop in the number of cyberbullying cases. It may be a good idea to install this app in your children’s electronic devices so that they are prompted to watch their words.

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Bibliography

 G.R. Madan, Indian Social Problems – Volume I: Social Disorganization: Allied Publishers Limited, 1966

 Cheryl Sanders and Gary D. Phye, Bullying: Implications for the classroom: Academic Press, 2004

 https:/en.m.wikipedia.org/wiki/crime

 www.britannica.com/topic/crime-law

 Courses.limenlearning.com/boundless-sociology/chapter/crime/

 Lawtimesjournal.in/nature-and-definition-of-crime/#_edn2

 www.parentcircle.com/article/antibullying_laws_in_india_what_parents_s hould_know/

 saylordotorg.github.io/text_socil_problems_continuity_and_change/s11_0 2_types_of_crime.html

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