White Collar Crimes: Notes

Prepared by
Gayathri. S
Assistant Professor
Ramaiah College of Law

First Module and Fourth Module

QUESTIONS
1. What is Deviance? Explain the Deviance of Religious Leaders and
Organizations
2. Explain the concept of Official Deviance
DEVIANCE
Deviance is the recognized violation of cultural norms. Non-conformity to a
given set of norms that are accepted by a significant number of people in a
community or society. It varies according to the religious attitudes, customs,
traditions, forms of government, political, economic structure of the society.
Unacceptable behaviour is deviance, but in the sociologically it is violation of
societal norms. It is the violation of cultural norms which are set by a certain
society. These norms are guidelines that guide basically all human activities, so
the concept of deviance is quite broad.
Definitions
Cohen (1966) defines deviant behaviour as: “Behaviour which violates
institutionalized expectations, that is, expectations, which are shared and
recognized as legitimate within a social system.
Clinard (1963) who describes deviant behaviour as: Behaviour in a disapproved
direction from the norms and sufficient in degree to exceed the tolerance limit of
the community.
Emile Durkheim is attributed to have given a structural functional perspective of
deviance. According to him, deviance has many positive functions for a society
Difference between Deviance and Crime
Concept of deviance is much broader than that of crime, which refers only to
nonconformist conduct that breaks a law. All crime is deviant behavior, but not
all forms of deviance are criminal Deviance is behaviour that violates norms and
rules of society, and crime is a type of deviant behaviour that violates the formal
criminal law.

CRIME DEVIANCE
1.Violations of State 1.Violations of Social Norms
criminal Law
2.Agents of Control from 2.Agents of control are Societal
crime are Police and other pressure or fear of God.
law enforcement agencies
3.Govt has the power to 3.Society has no coercive power
punish to punish
4.Crime is considered as 4.Deviance is not considered as
Severe in Nature severe nature
5.Crime is defined by law 5.Deviance defined by society
members
6.Examples of crime 6.Homosexuality, Gambling,
murder, robbery, assault smoking etc

Causes of Deviance
 Improper socialization (Orphans)/Illiterate parents
 Lack of education
 No religious education and morality
 Rejection by neighbourhood
 Deprive of basic facilities
 Desire of accumulation of wealth
 Media

Forms of Privileged Class Deviance

1.Official Deviance
2.Professional Deviance
3.Police Deviance
 OFFICIAL DEVIANCE
(Deviance by Bureaucrats, Legislators and Judges)
The deviance when done by the officials such as Bureaucrats, Judges and
Legislators is called as official deviance. These are the ones who take care of the
welfare of the society, because of them the society is in a controllable state.

1.Deviance by Bureaucrats
Deviance by bureaucrats is the most common problem in present
administration in India. It means illegal, immoral, and, unethical activities
towards their duties and norms of one’s profession. In modern period
bureaucrats misuse their powers, act against legal code of conduct for discharge
of public servant act for their personal benefit and it gives birth to corruption,
maladministration, inaction, delay in action, and abuse or misuse of power. In
this way bureaucrats become subject of official deviance. Because they act
against the official rule, conduct, code, moral and of course their duties towards
public and country. The relationship between deviant bureaucrats and corrupt
politicians is very common phenomenon in modern society.
Causes
1. Emergence of political elite who believes in interest-oriented rather than nation
oriented programs and policies.
2. Corruption is increasing in the society very rapidly because of the change in
the value system and ethical qualities of men.
3. Very low tolerance capability of people towards corruption.
4. Increasing population, widespread illiteracy and the poor economic
infrastructure lead to endemic corruption in public life.
5. Low salaries of government officials compel them to resort to the road of
corruption.
6. Complex procedures and laws alienate common people to ask for any help from
government.
7. Corruption is always on at its high level in election days. Big industrialists fund
politicians to meet high cost of election and ultimately to seek personal favour.

Act of Deviance:
1. Arrogant behaviour.
2. Stiff-necked attitude.
3. Arbitral behaviour.
4. Adhere to too much formalism.
5. Red-tapism (delay in action) to extract bribe.
6. Corruption.
7. Misappropriation of money and property.
8. Acquiring disproportionate wealth
Judicial Approach

In Prakash Singh Badal v. State of Punjab,2006 (10) SCR 197, Supreme Court
of India has expressed that if an accused is a public servant who has retired or
ceased to be a public servant then to prosecute him no sanction in terms of Section
19(1) of the Act is necessary.
In Subramanian Swami v. Manmohan Singh, AIR 2007 SC 18, it has been held
by the court that when an offence is committed by a public servant and he resigns
before cognizance is taken by the court, no prior sanction is needed.
2.Deviance by Legislators
The behaviour of Indian legislators both at the Centre and in the States leaves a
lot to be desired. Every time they act motivated by personal gain, they betray their
constituencies that elected them. Corruption in the assemblies as seen from this
perspective implies floor crossing, cash-for-vote, taking money or other benefits
to ask questions, framing rules under the influence of big corporate houses at the
cost of common people, etc.
Criminalization of politics is another facet of corruption. In the current
parliament, there are over a quarter MPs with criminal records, many with serious
charges, against them. It also highlights an area where electoral reform is urgently
needed so that criminals don’t enter in the parliament or state assemblies.
In the case of State of Madhya Pradesh v. Ram Singh, AIR 2000 SC 870, the
apex court express the views that, Prevalence of corruption is one of the problems
which our country has been facing from time immemorial. Corruption retards our
country’s growth and welfare to the maximum extent.
The Supreme Court of India in J. Jayalalithaa v. Union of India, AIR 1999 SC
1912, has held that “Corruption corrodes the moral fabric of the society and
corruption by public servant not only leads to the corruption of the moral fabric
of the society but is also harmful to the national economy and national interest,
as the person occupying high posts in government by misusing their powers due
to corruption can cause considerable damage to the national economy, national
interest and image of the country”.
3. Deviance by Judges
The judiciary, acts as an impartial watchdog but it does not have the power to
make any law. It can only interpret then laws passed by the law-makers under the
constitutional framework and give its verdicts accordingly. But when corruption
spreads in society, the governance begins to degrade implying loss of integrity
and efficiency. The corruption is an evil that destroys all the judicial functions,
such as dispute resolution, law enforcement, etc.
Corruption has been rampant in judiciary. There are many causes for its spreading
in Indian judiciary.
1. Judiciary of India depends on inputs and other material facts to decide the
merits of a case. These are thoroughly analysed by judges and judgment is
pronounced. If the judges allow false testimony to be recorded as evidence,
can true justice really be delivered in such cases?
2. The Indian judicial officers are very smart. However, one rarely notices
courts ordering the registration of a case of perjury. Inaction against wrong
doers will invariably encourage others to commit such illegal acts in the
courts. Serious consideration needs to be given to the fact that the initiation
of criminal cases against perjurers would result in long-term gains.
Causes of Deviance in Court
1. Delay in Justice
2. Inaccessibility
3. Misuse of power
In Sub-Committee on Judicial v JusticV.Ramaswamy,1995 SCC(1) 5-
The first case to come up with the issue to impeach a judge. The reason behind
initiating this motion was severe irregularities in financial matters committed by
Punjab and Haryana High Court judge. Expectedly, the impeachment was
unsuccessful and incomplete because it was not supported by Congress MPs
Justice Y.K Sabharwal-: R.K Sabharwal and ors v. State of Punjab,1995 AIR
1371
The judge misused his official position to promote his sons’ business which was
involves in a scam. The judge was then charged by the Central Vigilance
Commission in 2008. The sons of the judge were Involved in Ghaziabad
Provident Fund Scam. The impeachment proceeding was aborted yet again in
fructuously.
In 2011, Soumitra Sen a former judge of Kolkata H.C became the first judge in
India to be impeached for misappropriation of funds.

PROFESSIONAL DEVIANCE
(Deviance by Teachers, Journalists, Engineers, Doctors and Lawyers))
Every profession has code of conduct, conditions, rules and ethics. If any act
violates such rules, etc., it is called as professional deviance. Professions
includes: legal, medical, journalism, education, engineer, architect etc.
Causes of professional deviances
 Majority of people in India are poor, illiterate and backward, hence they
easily get exploited by the professionals.
 Support from politicians – in return they finance the politicians during the
election.
 Client satisfaction by hook or crook.
 Accumulation of wealth by illegal means to meet for future uncertain
needs for their children.

1. Deviance by Teachers
There are teachers who are involved in corruption themselves. Teachers of
private schools and colleges collecting large sum in the name of donations
from the rich parents. In Govt. Schools and Colleges money is collected as
fees for the seats. They also collect money from students by assuring them
success through various legal ways. The teachers of the government colleges
earn huge amounts of money apart from their salary through private tution ,
though they are banned from doing so. These dishonest practices have
damaged the standard of education in India to such an extent that it is causing
 an irreparable loss to the young generation and also degradation in respect for
a teacher in the society has suffered.
2. Deviance by Journalists
Journalism is the activity of gathering, assessing, creating, and presenting news and
information. Professional journalists are found involving in corruptions like extracting money
from the rich and influential persons by black mailing them to expose them by publishing
their various weakness, which if come to light shall cause their downfall or may
deteriorate their reputation or many defame them. The main victims of such
journalists are mainly political leaders, public servants etc. involved in various
scandals. These journalists have vested interest and tend to misuse the power
provided to them by the media.
3. Deviance by engineers
`In this profession corrupt dealing with contractors and suppliers, passing of
substandard workers and material and maintenance of bogus records of work
charged labour are some of the common examples of deviance in this field.
Scandals of this kind are reported in newspapers and magazines regularly
regarding construction of building, roads, canals, dams and bridges with sub
standard material not only endanger public safety but also results into huge loss
to public exchequer, the government which definitely reflects back on the people
of India.

TRADE UNION DEVIANCE

The traders or business executives surveyed recently confirm that corruption is
continuing obstacle that is hampering the development of the private sector. It
has been ranked as the third most problematic factor for doing business in India.
The traders use malpractices of more economic gain. The traders tend to make
extra profit out of minimum and thus use wrong methods to do so. The traders try
to find out methods whereby they can make great profits on a small amount of
investment. Trade unions were empowered to be able to settle the disputes with
the employers and have been successful in achieving their goals to a great extent.
Sometimes these powers are misused and false accusations were made on the
employer and who were even forced to fulfil irrational demands of the employees.
The urban property holders involved in construction business also practise
unethical business technique to make selfish economical gains and play with trust
of innocent people.
LANDLORD DEVIANCE
The Benami Transactions in the past were part of landlord deviance. The landlord
tend to misuse his power against the tenant being in the stronger position. This
had been prevalent in our country since long in the form of Zamindari system
where the zamindars exploited the petty farmers by paying very little or no wages,
discriminating on the basis of caste or religion, or encroaching upon their land on
the name of loan payment. The landlord misuses their monetary power to
influence the poor farmers who are in need of money. The crops are usually
dependent on weather conditions, rains, etc. Sometimes during adverse weather
conditions, the farmers face heavy losses in the crop produce. It becomes difficult
for the farmer to sustain further and the landlord tries to misuse the plight of the
farmer and does land lord deviance.

DEVIANCE BY RELIGIOUS LEADERS AND ORGANIZATIONS

Religious violence in India includes acts of violence by followers of one religious
group against followers and institutions of another religious group, often in the
form of rioting. Religious violence in India has generally involved Hindus and
Muslims.

Despite the secular and religiously tolerant constitution of India, broad religious
representation in various aspects of society including the government, the active
role played by autonomous bodies such as National Human Rights Commission
of India and National Commission for Minorities, and the ground-level work
being done by non-governmental organisations, sporadic and sometimes serious
acts of religious violence tend to occur as the root causes of religious violence
often run deep in history, religious activities, and politics of India.

Along with domestic organizations, international human rights organisations

such as Amnesty International and Human Rights Watch publish reports on acts
of religious violence in India. From 2005 to 2009, an average of 130 people died
every year from communal violence, or about 0.01 deaths per 100,000 population.
The state of Maharashtra reported the highest total number of religious violence
related fatalities over that five-year period, while Madhya Pradesh experienced
the highest fatality rate per year per 100,000 population between 2005 and 2009.
Over 2012, a total of 97 people died across India from various riots related to
religious violence.
Religion is one of the most important aspects of all most every Indian. The Indian
Constitution along with the respective state laws talks about the protection of the
sentiments and the religious beliefs of the citizens but then it somehow fails to
provide the punishment to those who misuse those same laws. Religion is quite a
sensitive topic as it involves not only the morals of a person but also the emotions
and the upbringing of an individual. Based on the report of Religious Hostilities
in social threats in the year 2015, India ranks fourth after Syria, Nigeria and Iraq.
The concept of offending another religion and indicating contempt to the other
region has become very common in this country. Some of the examples of
religious deviance are:
Anti-Sikh Riots, 1984: The anti-Sikh massacre of 1984 refers to a series of
organized pogroms against members of the Sikh community across India. It all
started when the then Prime Minister Indira Gandhi ordered the charge of Indian
Army into the holy shrine of Sikh, the Golden Temple situated in Amritsar to
wipe out militants hidden inside. The following operation by the Indian military
was criticized by Sikhs worldwide, who interpreted it to be an assault on the Sikh
Religion as a whole. The aftermath of Operational Blue Star resulted in the
assassination of Indira Gandhi by her own Sikh bodyguards on October 31st
1984, as an act of revenge which further led to a public outcry thus resulting in
anti-Sikh riots killing more than 3,000 Sikhs in the capital of the country itself
and 8,000 across India. The violence continued in the state of Punjab and till
today it is known as the darkest era of the Sikh history.
Babri Masjid Riots/Bombay Riots, 1992: It all started from the demolition of
the Babri Masjid on the 6th of December, 1992 and the ruthless and deadly riots
that followed suit, changed India. It has been twenty-five years since the incident
took place yet debates regarding the same have still been news headlines, until
recently when the Supreme Court unanimously passed the Babri masjid judgment
on the 9th of November, 2019. December 6, 1992 marked the beginning of an era
where an angry Hindu majority began to shape public disclosure and political life
in the country. For the common public the date marks the beginning of an era of
unbridled majoritarianism that has polarized and divided the Indian society very
deeply. The demolition of the holy shrine sparked riots across India, but Bombay
was the city where the brutal bloodbath took place. Around 900 Bombay residents
were left dead in the two stages of riots which occurred in the winters of 1992.
Among the 900 killed, 575 were Muslims, 275 were Hindus and the remaining
50 were from other religions.
Gujarat Riots, 2002: The 2002 Gujarat riots or the Godhra Riots as it is
infamously known as is the most ruthless and carnage riot the land of Mahatma
has ever seen or encountered. The spark of fire which is said to trigger the series
of fatal incidents was the burning of a train in Godhra, a municipality in
Panchmahal district of Gujarat on the 27th of February 2002, caused the deaths
of around 58 Hindu karsevaks returning from Ayodhya, which gradually led to a
three day period of inter communal violence in the state resulting to the death of
1,044 people according to official records. Around 2,500 were injured and around
223 people went missing in the clash between the two religions. Among the
people who died around 790 were Muslims and 254 were Hindus. The
annihilation has been considered as a communal riot but till date there have been
debates and discussions where many renowned scholars have alleged that the said
riots was more of a planned attack and the attack on the train was further
commented to be a “staged trigger” for what followed suit.
The communal riots were so heinous that many observers have mentioned it to
be legal definition of genocide and further referred the events as state terrorism
or ethnic cleansing. Instances that followed suit to the Godhra riots were the
Naroda Patiya Massacre, the Gulbarg society massacre. India, post-Independence
had seen many communal riots but the Godhra riots of 2002 stands out among all
for its extensive and specific targeting of women and children who were subjected
to the most sadistic and vicious forms of violence. As reported by the Tribunal,
women were raped, objects were inserted into their bodies and those who
survived such torture were later burnt alive.
Exodus of Kashmiri Hindus: The paradise of India has been a home to many
riots which are never ending. One major that is still talked about is the exodus of
Kashmiri Hindus back in the cold winter nights of January, 1990. Many Kashmiri
Hindus or Kashmiri Pandits as they are known were threatened by the Muslims
to either convert to Islam, or to leave the land or to die. The cold dark nights saw
many Kashmiri Hindus leaving their hometown in dire need to save their precious
lives. Colonel Tej Kumar Tikoo in his book described the situation and talked
about the three choices given to the Kashmiri Pandits - Ralive, Tsaliv ya Galive
which stands for convert to Islam, leave Kashmir or to be killed.
It was apparent that the Kashmiri Muslims had decided to throw the pandits out
from the valley. Many well known Kashmiri pandits like Satish Tikkoo, Lassa
Kaul, and Hriday Nath Wanchoo were gruesomely murdered by the Kashmiri
Muslims in the nights of January 1990. India has seen several changes since the
fateful night in 1990. Governments came and went, developments came forth
nationwide but till today thousands of Kashmiri Pandits who were once chased
out of their own homes have still not been able to find their way back to the place
they called home.
 Fourth Module
PROFESSIONAL DEVIANCE: MEDICAL & LEGAL PROFESSION
QUESTIONS
Medical Profession
1.Discuss the background, observation and suggestion of Lentin Commission
report.
2.Explain the report of Lentin Commission
3. Discuss the Medical Termination of Pregnancy Act, 1972 is a mechanism to
prevent medical profession's deviances.
Legal Profession
1.Discuss the provisions of Advocate's Act'1961 regarding disciplinary action
against advocates.
2.Discuss the opinions of Disciplinary Committee of Bar Council of India
3.Discuss the functions of the Bar Council of India.
Short Answer
1.Medical deviance
2.Suggestions of Lentin Commission.
3. Deviance of Advocates'

Medical Profession
Professional deviance is adoption of such practice by professional which is not
expected to adopt. Every Profession has some code of conduct, to be followed by
such professionals. In simple words professional deviance denotes those activities
which do not conform to the norms and expectations of the members of a
particular profession.
Medical profession is the noble profession as it directly concerns with saving the
life of human being. Earlier doctors were treated like God by “thankful patients”
who think them as Saviours of human race. With increasing general health and
legal awareness doctor- patient relationship have no longer been a healthy
relationship and transformed into a service provider and consumer relationship.
But, sometimes it has been heard about commission of illegal acts by medical
professional violating their professional and legal norms. Deviate from their
ethics and use wrong methods in their medical practice and forget the
humanitarian aspect of their profession and perform certain unethical acts during
the course of their professional and legal norms.

. “Deviation” is interpreted as a frank violation of an operational rule, or a

variation in practice that departs from standard and increase in risk to people.
Professor Sutherland defined White collar criminal (WCC) as, “A person of upper
socio-economic class who violates the criminal law in the course of his
occupational or professional activities.
Causes of increased cases of professional deviance in the medical field
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.
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.
Deviances/malpractices which are commonly committed by the person
belonging to medical profession include
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. Making fake, illegal and misleading claims of medical cure through
advertisement in newspapers, magazines, radio and television.
9.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.
10. Some doctors provide secret services to criminals by giving expert opinion in
court of law leading to their acquittal.
11. 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.
13. Treating the patient or refusing to treat patient solely on religious or personal
grounds.
14. 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.
15. Advising unnecessary expensive tests and reports just for gaining marginal
cut from that test.
These are following Acts to regulate code of professional conduct and
professional ethics:
1.Indian Medical Council Act, 1956
2.Indian Medical Degree Act, 1916
3. Professional (conduct, etiquette and Ethics) Regulations ,2002
In Parmananda Katara v. Union of India, AIR 1989 SC 2039
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.
Medical Negligence
The concept of medical negligence refers to the malpractice of a medical
professional who fails to meet the standards of his/her profession which results
in the death of a patient who was expecting the medical professional to save
her/her life. Medical negligence is the most shameful act a medical professional
can conduct because this negligence most of the time results in the death of the
patient.
In an action for negligence against a doctor, the patient has to prove:
(1) A legal duty to exercise reasonable towards the patient to avoid damage
complained of or not to cause damage to the patient by failure to use reasonable
care.
(2) Breach of the said duty; and
(3) Damage caused by the breach
Ingredients for medical negligence
Duty of care- doctor patient relationship
Dereliction of Duty- the doctor should have done an act of omission or
commission
Damage caused due to dereliction of duty- the patient should have suffered some
harm because of the negligence of the doctor
Damage should be foreseeable- the doctor should be aware that the dereliction of
that duty would lead to damage.
Jacob Mathew v. State of Punjab & Another (2005) 6 SCC 1
The Supreme Court while dealing with the case of negligence by professionals of
medical and legal profession and observed as under
, “In the law of negligence, professionals such as lawyers, doctors, architects, and
others are specifically included in the category of profession with certain skills or
skilled persons would be held liable for negligence in practicing their profession
if that either of the two given conditions are satisfied:
a. He did not have the required skill that was needed to be professed
b. Even if he has the required skills to be professed, he did not exercise the same.
Medical Malpractice
Medical Mal practice are the negligent or improper behavior of a medical
professional. It is the failure of a medical professional to meet the standards of
this profession and uses unethical methods of practice.

Medical mal practice includes:

 Providing improper medical care
 Not informing the patient of the risk involved in a procedure
 Not giving the patient or their family the substantial reason for the death or
irreparable harm caused to the patient
 Prescribing wrong medication
 Disclosing patient information without his /her permission
Consumer Protection Act ,1986, which controls medical malpractise.
Indian Medical Association v. V.P. Shanta & Ors , 1996 AIR 550
The Supreme Court delivered a historic decision in this case and which brought
the medical profession within the ambit of a ‘service’ as defined in Section
2(1)(o) of the Consumer Protection Act, 1986, and clarified earlier conflicting
decisions regarding this issue given by various High Courts and Consumer
Forums. This decision redefined the relationship between patients and medical
professionals as contractual and recognized the right of patients to file a
complaint under the Consumer Protection Act for injuries sustained in the course
of medical treatment.
Medical Termination of Pregnancy Act 1971(Amendment Act 2021)
Salient Features of the MTP Act 1971
The MTP Act recognises the rights of the woman who wishes to undergo the
termination and is surrounded and premised her consent, well-being and health.
Therefore, the permissible grounds of medical termination depend upon the
mental and physical health of the woman.
According to Section 3 of the MTP Act, if the duration of the pregnancy is of 12
weeks, it may be terminated on the basis of the opinion of one “registered medical
practitioner” if continuance of the pregnancy would involve a risk to the life of
the pregnant woman or would cause grave injury to her “physical or mental
health” or if there is a substantial risk that if the child were born, it would suffer
from such physical or mental abnormalities as to be seriously handicapped. If the
length of the pregnancy is between 12 weeks -20 weeks, then the opinion of two
registered medical practitioners is required in order to terminate the pregnancy.
The two Explanations to this section create as presumption that if the pregnancy
is caused by rape or that the pregnancy was due to failure of any device or method
used by “any married woman” or “her husband” for the purpose of limiting the
number of children, then the “anguish” caused by such a pregnancy would be
presumed to cause injury to the mental health of the woman.
It is important to note that the grounds for termination, as enumerated in Section
3 of the MTP Act, barring Explanation II, is applicable to all women, regardless
of their marital status and therefore the term “pregnant woman” or “pregnancy”
is used, which does not indicate the marital status of the pregnant woman. In the
event, that the termination is absolutely crucial to save the woman’s life, then the
opinion of only one registered medical practitioner will suffice, regardless of the
length of the pregnancy.
Amendment Act 2021
 The Act permits abortion to be allowed up to 20 weeks on the opinion of
just one medical practitioner
 To terminate pregnancies between 20 and 24 weeks, the opinion of two
doctors is required. This extension of the gestation period up to 24 weeks
is given for special categories of women such as rape/incest victims,
differently-abled women, and minors
 For abortions beyond 24 weeks, a state-level Medical Board will decide if
it can be permitted, in case of substantial foetal abnormalities
 Only doctors with specialization in Gynaecology/Obstetrics can perform
abortions
 According to the Act the “name and other particulars of a woman whose
pregnancy has been terminated shall not be revealed”, except to a person
authorized by law
 In cases where abortions are desired to terminate pregnancies arising out
of rape, where the gestation period exceeds 24 weeks, the only manner
would be through a writ petition.
Lentin Commission Report
In 1986, 14 patients died of acute renal failure at the J.J Hospital in Bombay
after being administered with glycerine (or glycerol), an anti-oedema drug
used to combat swelling. The glycerine was laced with industrial glycol, a
chemical which attacks the kidneys and kills quickly. These deaths may not
have come to public notice but for the Maharashtra Times story on it, broken
by journalist Jagan Phadnis. The public furore that followed compelled the
Maharashtra government to announce the institution of an enquiry
commission, led by a sitting judge of the Bombay High Court, Justice B.
Lentin, and presumed that the matter would blow over.
After this incident the Maharashtra Govt. appointed a one-man commission
led by a sitting judge of the Bombay High Court, Justice B. Lentin. The
commission after a period of 17 months and after going through all the
documents, cross examining over 120 witnesses drew a conclusion.
Commission exposed the nexus between politicians, Food and Drugs
Administration (FDA) and the drug manufacturers. Its pages describe the
‘ugly facets of the human mind and human nature, projecting errors of
judgement, misuse of ministerial power and authority, apathy towards human
life, corruption, nexus and quid pro quo between unscrupulous licence
holders, analytical laboratories, elements in the Industries Department
controlling the awards of rate contracts; manufacturers, traders, merchants,
suppliers, Food and Drugs Administration (FDA) and persons holding
ministerial rank.

The JJ Hospital tragedy took place because the FDA (Food and Drug
Administration) granted an illegal licence to Alpana Pharma, supplier of the
killer drug glycerol, without ensuring that basic regulations were complied
with. At that time there were only four government-owned drug-testing
laboratories in the country and in order to cope with the huge workload the
government appointed ‘government approved’ private laboratories that
certified the purity of drugs. One such was Chem Med Laboratory that
certified Alpana Pharma’s killer glycerol as being of standard quality without
conducting the required tests. This company enjoyed special protection of
FDA officials who had been wined and dined by the owners
The commission revealed certain facts
1.Between February and July 1987 around 300 formulations were found to be
substandard and yet they continued to be sold
 2.More than 20 percent substandard drug samples were found and yet the FDA
took no action
The Lentin Commission of Inquiry had highlighted how the safety and quality
of drugs produced in Maharashtra, where 29 per cent of the country’s
manufacturing and sales units are based, must urgently undergo scrutiny and
reform. The commission found that the ‘government machinery was utilised
by these politicians to extort money from the drugs industry to inflate the coffers
of private trusts with which the ministers were associated.’ The findings of the
Lentin Commission are important not just for Maharashtra’s public health system
but also for other states, as the majority of the drugs produced in India are
manufactured in Maharashtra and patients from across the country come here for
tertiary treatment. The commission found that far from regulating and imposing
standards on the drug industry, the FDA had wilfully allowed substandard drugs
to be sold in the market. The commission undertook a detailed investigation into
the manner in which the FDA functioned, both in terms of licensing and
controlling the standard of drugs produced.
Recommendations of the Lentin Commission:
 Urgent reform and scrutiny of medicine manufacturing and supplying
units.
 Increase of transparency in the system of drug administration.
 Prevention of circulation of banned drugs in Maharashtra as well as in
entire India.
 Constitution of a strict Vigilance Commission.
 Reducing drug dependence on Maharashtra.
The accusation put forwarded by the commission were not accepted by many.
The health minister, Bhai Sawant resigned. The commission report was criticized
for revealing what it revealed. However, the Lentin commission has ultimately
revealed the corruption of high level officials, ministers, and the drug industry.
LEGAL PROFESSION
Legal profession is a noble profession. As it is said, “As justice is the great interest
of men on earth and as the lawyer is the high priest at the shrine of justice.
Lawyers can perform well only if they maintain certain ethical moral standards
Ethics are rules and regulations based on moral grounds. Every profession has its
code of conduct which is to be adhered to. Deviation from this code of conduct is
professional deviance. Lawyers are admitted as officers of the court and therefore
have an obligation to serve the court and the administration of justice. The ethical
responsibilities of the Advocates can be
 1.Duties owed to the client
2.Duties owed to the court
The laws governing legal profession in India are:
 The Legal Practitioners Act, 1879
 The Indian Bar Council Act, 1926
 The Advocates Act. 1961
Crime committed by the lawyers is called ‘Professional Misconduct’ under the
Advocates Act, 1961
The term “Professional Misconduct” was defined in the case of George Frier
Grahame v. Attorney General Fizi (1936.p.c.224. FIJI )as an act of deceiving
the clients and defraud the Court and the opposite party or the counsel.
The sections 35 and 36 of the Act empowers the State Bar Council and the Bar
Council of India needs to take disciplinary action against the lawyers who are
guilty of professional malfeasance as well as any other kind of misconducts
In Bar Council of Maharashtra v. M. V. Dabholkar reported in (1975) 2 SCC
702, 1976 AIR 242, 1976 SCR Bar Council of Maharashtra 2) 48]
It held that unless the three elements were satisfied it could not be said that an
advocate had acted beyond the standard or professional conduct and etiquette
(1) there is a socially valued function that needs to be fulfilled by the lawyer.
(2) The lawyer may be a trained professional who is accountable for carrying out
that obligation;
(3) His behaviour as a knowledgeable person is controlled both by himself and,
more formally, by the profession as a whole
Forms of Deviance
 Fabrication of false evidences.
 Engaging professional witnesses and false security.
 Violating professional ethics and using dilatory tactics in collusion with
Court Staff.
 Chamber practice – settlement of case in consideration of huge sum of
money by lawyers.
 There are criminal lawyers who arrange professional alibies, cooked
witnesses for the gangsters.
 Even the lawyers have their own trusted police officers who help them
personally by taking heavy bribe.
  The IO and Medical Officers can be managed by the lawyers to help
win their case.
 Manage opposite lawyers by payment of money.
 Sometimes finance is provided for filing litigation against any reputed
and rich person.
 Asking indecent and irrelevant questions to the rape victims during
cross examination to embarrass her.
Bar Council of India.
The Bar Council of India was established under section -4 of the Advocates
Act,1961
It prescribes standards for professional conduct, etiquettes, and exercises
disciplinary jurisdiction over the bar.
Functions
1. To lay down standards of professional conduct and etiquette for advocates.
2.To promote and support law reform

3.To safeguard the rights, privileges and interests of advocates.

4.To exercise general supervision and control over state Bar Council
5.The Bar Council lays down the standards of professional conduct and the
etiquette required to be followed by the advocates
6.It also lays down the procedure which is to be followed by the various
committees of the Bar Council
7.The advocates are also accorded certain rights, privileges and interests, which
need to be safeguarded by the Bar Council
8.Reforms in the existing law of the country are also worked upon by the
Council
9.Whenever a state Bar Council refers a matter to the All India Bar Council, it
has to look into the details of the same
10.Legal education and any such standards to be achieved in the field of legal
education are regulated by the Council
11.The universities the law degrees of which are to be recognized are also
selected by the Bar Council
12.Legal knowledge is also to be promoted by the Council, in ways of seminars
on legal topics by jurists and publishing of journals and papers on legal issues
13.Right to legal aid, which is a right guaranteed by the Constitution, is also to
be provided by the Bar Council, to the poor
14.Foreign qualifications for law are also to be recognized and regulated by the
Council, in case an advocate obtains education outside the country
15.The funds of the Council are structured and managed by the Council itself
16.The various members who shall run the state Bar Councils are also elected
by the All India Bar Council

Disciplinary Committee
The Disciplinary Committee looks into discipline matters and complaints made
by people against advocates, especially for professional misconduct, and also
indulges into disciplinary matters of the state bar councils. S.9 of the Advocates
Act 1961 empowers the state Bar Councils to constitute one or more Disciplinary
Committees
Each Disciplinary Committee shall consist of 3 members. Two shall be selected
from the members of the Bar Council and one shall be selected from the
Advocates who are having more than 10 years of standing in profession. Among
the three members the senior most in the profession shall act as the chairman of
the committee.
Powers: S.42 of the Advocates Act deals with the power of Disciplinary
committee. It provides that the Disciplinary Committee of the State Bar Council
shall have the same powers same like the civil court under the C.P.C.
All the proceedings before the Disciplinary Committee of a Bar Council shall be
deemed to a judicial proceeding within the meaning of S.193 & 228 of Cr.P.C
and every such disciplinary Committee shall be deemed to be a civil court.
S.35 of the Advocates Act should be followed.
1. On perusal of the complaint, if the Bar council is satisfied that it is a fit case
for enquiry then the complaint shall be referred for enquiry to the Disciplinary
Committee.
2. The Disciplinary Committee shall fix a date for enquiry and shall send notice
to the concerned Advocate e and the Advocate General of the State.
3 The Advocate charged with the professional misconduct shall appear in person
or through the Lawyer. Similarly, the Advocate general also appear in person or
through a lawyer.
4. The Disciplinary Committee should complete the enquiry proceedings within
one year from the date of receipt of the complaint. Due to any reason, if the
enquiry was not completed within one year then the complaint should be referred
to the Bar Council of India for its disposal.
5. During the pendency of the enquiry if the term of the Disciplinary Committee
comes to an end then the successor committee shall continue the enquiry.
6. After the enquiry due to the lack of majority opinion or otherwise if the
Disciplinary Committee was unable to take a final decision then they shall seek
the opinion of the chairman of the bar council and shall pass the final order
following his opinion.
Selected opinion of disciplinary committee of the bar council of India on
professional misconduct
1.Allahabad Bank Vs. Girish Prasad Verma BCI Tr. Case No. 49/1993
The disciplinary committee of the Uttar Pradesh Bar Council held that the
advocate had misappropriated the court fee paid to him by the complainant and
hence ordered for striking off the advocates name from the roll of Uttar Pradesh
Bar Council.
2.Jagadish Singh & other v. T.C. Sharma BCI TR Case No.47/1990
Jagadish Singh and others were employees of the Central Board of Education,
New Delhi. They were arbitrarily dismissed from service by the Board. They
approached T.C. Sharma an Advocate to file a case against the arbitrary dismissal.
They paid Rs.1400 as fees for the case.
Sharma gave a fake case number starting that he has field the case before the
central Administrative Tribunal, New Delhi. On verification it was found that no
such case has been field. Later they engaged another Advocate Mr. Bhati to file
the case and got a favourable order of reinstatement.
Therefore, they asked the return of Rs.1400 from T.C. Sharma. He refused to pay
the same. So, the complainant filed a petition against him before the Delhi Bar
Council alleging professional misconduct. Since Sharma failed to appear during
the enquiry, the state Bar Council could not able to dispose of the case within one
year.
Hence, the case was transferred to the Bar Council of India. The Bar Council of
India examined the petitioners, but the respondent was absent. Finally, the Bar
council of India passed an order holding the respondent guilty of professional
misconduct and awarded the following punishments.
1. Suspended him from practice for a period of 5 years.
2. Directed him to return the Rs.1400/-with 12%interest per annum.
3. Directed to give Rs.500 as cost to the complainant.