“Crime is a socio-political artifact, not a natural phenomenon. Therefore, some societies define certain types of behaviour as criminal while others do not. Analyse the statement with reference to Sociology of Criminal Law.”

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QUESTION 2 (HIGHLY DETAILED ANSWER)

“Crime is a socio-political artifact, not a natural phenomenon. Therefore, some societies define certain types of behaviour as criminal while others do not. Analyse the statement with reference to Sociology of Criminal Law.”

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1. Introduction: Understanding the Nature of Crime

In everyday thinking, people believe crime is a natural and universal wrong, meaning an act is criminal because it is inherently “bad.”

However, modern criminology and sociology argue the opposite:

**Crime is not natural.

Crime is created.
Crime is socially and politically defined.**

This means:

• No act is a crime by nature.
• It becomes a crime only when a society and its law-making authority label it as a crime.
• Crime is a social and political construction, not a biological or universal reality.

Thus, crime is a socio-political artifact.

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2. Why Crime Is Not a Natural Phenomenon?

A natural phenomenon is:

• universal
• constant
• unchanging
• existing independent of society

Crime is the opposite:

• varies across culture
• changes over time
• depends on social values
• depends on political power
• depends on legal definitions

Therefore, it is not natural.

Example:
Killing another person is condemned in all societies, yet killing in war is legal and heroic.
→ Same act, different social meaning.

Example:
Marriage before 18 years is a crime in India, but in many cultures historically it was normal.

This proves that crime is defined by social context, not nature.

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3. Crime Varies Across Societies (Cultural Relativity)

A behaviour criminal in one society may be normal in another.

Examples:

1. Eating beef

   • Legal in many western countries
   • Criminalized in several Indian states

2. Alcohol consumption

   • Legal in most states
   • Illegal in Gujarat

3. Polygamy

   • Allowed for Muslims under personal law
   • Criminal for Hindus and Christians

4. Same-sex relationships

   • Legal in India after 2018
   • Illegal in many nations

These examples show that crime is not universal—it depends on cultural and societal beliefs.

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4. Crime Changes Over Time (Historical Relativity)

What is crime today may not be crime tomorrow.

Examples in Indian law:

A. Homosexuality – Section 377 (Navtej Johar case)

• Crime before 2018
• Not a crime after 2018

B. Adultery – Section 497 (Joseph Shine case)

• Crime before 2018
• Not a crime after 2018

C. Sati

• Once socially accepted
• Now criminalized under Commission of Sati (Prevention) Act

D. Untouchability

• Once common practice
• Criminalized after Constitution (Article 17)

Thus, crime is historical, not natural.

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5. Sociology of Criminal Law: How Society Creates Crime

The Sociology of Criminal Law studies how:

• society
• culture
• politics
• economic interests
• power dynamics

shape what becomes criminal.

It explains why crime is not fixed but constructed.

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6. Durkheim’s Theory: Crime Is Normal and Functional

Émile Durkheim, the father of sociology, argued:

1. Crime is present in every society.
2. Crime is normal—it helps define moral boundaries.
3. Society decides what behaviour is offensive.
4. Crime varies based on society’s collective conscience.

Thus, crime is socially created.

Durkheim gave the example:

• In a society of saints, even very small behaviour will be labeled deviant.
• This means crime depends on society’s moral standards.

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7. Labeling Theory: Crime Is a Label, Not an Act

Howard Becker:
“Deviant behaviour is behaviour that people label as deviant.”

Meaning:

• The act itself is not criminal.
• Society’s reaction makes it criminal.

Example:

• A protester may be called a “criminal” by one government and a “hero” by another.
• A tribal practicing hunting may be criminalized under wildlife laws.

Thus, criminality is a label imposed by society and state.

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8. Conflict/Marxist Theory: Law Protects the Powerful

Marxist sociologists argue:

• Law represents the interests of the powerful, not the common people.
• Crime definitions protect wealthy groups and control weaker groups.

Examples:

1. Theft by the poor is punished harshly.
2. Corporate fraud by the rich often goes unnoticed.
3. Laws controlling slums or street vendors often reflect elite interests.
4. Colonial laws criminalized tribal customs for political control.

Thus, crime is politically created, not naturally wrong.

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9. Criminal Law as an Instrument of Social Control

Law controls behaviour according to:

• cultural values
• religious beliefs
• economic interests
• political ideology
• morality of those in power

Examples:

1. Moral policing laws about clothing, public kissing → reflect cultural morality.
2. Cow slaughter laws → reflect religious sentiments.
3. Sedition/Terrorism laws → used politically in some contexts.
4. Dowry and domestic violence laws → reflect modern social reforms.

Thus, law and crime definitions are tools of social control.

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10. Indian Examples: How Politics Shapes Crime

A. Criminalization based on morality

• Homosexuality (until 2018)
• Adultery (until 2018)
• Obscenity laws

B. Criminalization based on religion

• Cow slaughter laws
• Religious conversion laws

C. Criminalization based on economics

• Tax evasion laws
• Company law offences
• Money laundering laws

Thus, crime is a social–political choice.

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11. Case Laws Illustrating Crime as Socially Constructed

1. Navtej Singh Johar v. Union of India (2018)

Section 377 partially struck down.
Court said morality evolves with time.

Crime → Socially constructed → Not fixed.

2. Joseph Shine v. Union of India (2018)

Adultery decriminalized because law was patriarchal.

Crime definition changed due to social change.

3. Maneka Gandhi v. Union of India (1978)

Expanded personal liberty; imposed due process.
Showed that criminal law must reflect social justice.

4. State of Maharashtra v. Madhukar Narayan Mardikar

Court held social reputation cannot justify sexual violence.
Reflects change in societal attitudes.

5. Nirbhaya Case (Mukesh v. State)

Led to strict sexual offence laws.

→ When society demands protection, law expands criminal definitions.

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12. Crime as a Reflection of Social Values

Criminal law changes as society changes:

A. Women’s Rights

• Domestic violence laws
• Sexual harassment laws
• Anti-trafficking laws
• Maternity rights

B. Children’s Rights

• Child marriage prohibition
• Child sexual abuse laws
• Child labour laws

C. Technology

• Cybercrime laws
• Online privacy laws

Thus, crime definitions evolve with society’s needs.

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13. Conclusion (Perfect Exam Conclusion)

Crime is not a natural wrongdoing.
It is a product of culture, politics, morality, and power.
Different societies define crime differently because their social values differ.
Crime also changes with history, reflecting new moral and political priorities.
Therefore, crime is best understood as a socio-political artifact, not a natural phenomenon.

The sociology of criminal law teaches us that:

• crime is created, not discovered
• criminal law is socially shaped
• power and politics decide what becomes criminal

Thus, crime is a mirror of society—not a universal truth.

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