Anti –Corruption Movement
The Mentalist
Anti –Corruption Movement
India is on the verge of breaking the psychological barrier of a double digit GDP growth, which will push India to an ever exclusive league of developed nations by 2020. Whole world is now acknowledging the might of India in almost every field let it be Industry, Service, Agriculture, Technology, Space, etc. and foremost it’s Human Capital. Today we are a strong nation of 120 Crores, majority of which is the Youth. However, another thing which has also raised its pangs is Corruption. Today India Stands at 87th positing out of 178 nations in terms of corruption (2010 Corruption Perception Index, Transparency International1, least corrupt being Rank “1”), way below Japan, UK, Germany, USA and France, who are developed in real terms. Even countries, which are in the race for the new developed status, like Brazil and China are above us.
World Bank defined corruption as the abuse of public office for private gain. Corruption was there in our society since time immemorial, but now-a-days we can associate it with public office. It has its origin in modern India from as far as the history of modern India goes. Now almost everywhere in India, people are the victims of corrupt people, bureaucrats, politicians, armed forces, not even the corporate sector is far behind (Satyam Scam), where corporate are also indulging in corrupt practices of tax evasion and money laundering.
Causes of Corruption
There is little doubt that corruption in present-day India pervades all levels and all services, not even sparing the Indian Administrative Services and Judicial Services. The bureaucracy of the British India was considered to be largely untainted with corruption. Compulsions of electoral politics in independent India changed this image and the administrative as well as the police and judicial services came to be charged with colluding with the political leadership to indulge in systemic corruption, making a mockery of democratic governance.
In the mid-1960s is considered to be the great divide in the history of public administration in India. It marked the facing away of the Gandhian and Nehrvian era of principled politics and emergence of new politics the keynote of which was amorality. The scams and scandals of the nineties revealed that among the persons accused of corruption were former Prime Ministers, former Chief Ministers and even former Governors. India’s experience with corruption has shown the laws, rules and regulation, procedures and methods of transaction of government business, however sound and excellent cannot by themselves ensure effective and transparent administration if the political administrative leadership entrusted with their enforcement fails to do so and abuses its powers for personal gain.
In Short, Corruption is happening because of:-
- Political Patronage
- Cumbersome Administrative Procedure and Practices
- Lack of proper legal framework
- Lack of punishment
- Social Environment, where we have taken everything for granted.
The Santhanam Committee constituted by the Central government has identified certain procedural causes of corruption. These are: red tape and administrative delay; unnecessary regulations; scope of personal discretion; cumbersome procedures; scarcity of goods and services and lack of transparency.
Supreme Court views on Corrpution:
“Corruption is termed as a plague which is not only contagious but if not controlled, spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence – shaking the socio-economic-political system in an otherwise healthy, wealthy, effective and vibrating society”.
"If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream."
- Dr. A.P.J.Abdul KalamLegal Framework
Prevention of Corruption Act, 1988
The Prevention of Corruption Act, 1988 (henceforth referred to as PCA) came into force on 9th September, 1988. it incorporated the Prevention of Corruption Act, 1947, the Criminal Law Amendment Act, 1952, and sec. 161 to 165-A of the Indian Penal Code with modifications, enlarged the scope of the definition of the expression 'Public Servant' and amended the Criminal Law Amendment Ordinance, 1944. The PCA, 1988, thereby widened the coverage, strengthened the provisions and made them more effective.
Right To Information Act, 2005
Right to information act came into force in the year 2005, after a long battle. This time also the renowned RTI Activist Arind Kejariwal and Anna Hazare were behind this movement to implement RTI. The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in it.
The Prevention of Money Laundering Act, 2002
According to the IMF (International Monetary Fund), a huge amount of capital had been deposited in foreign bank. Basically, concealment of income, evasion of taxes and duties, black marketing, rigging of share prices, manipulation of the stock market and other such activities led to smuggling and money laundering. The Prevention of Money Laundering Act, 2002 (PMLA 2002) (Act No. 15 of 2003) of India was enacted on 15 January 2003 and forms the core of the legal framework put in place by India to combat money laundering. PMLA 2002 and the Rules notified there under came into force with effect from 1 July 2005. The PMLA 2002 and rules notified there under impose obligation on banking companies, financial institutions and intermediaries to verify identity of clients, maintain records and furnish information to the Financial Intelligence Unit - India (FIU-IND). PMLA 2002 defines money laundering offence and provides for the freezing, seizure and confiscation of the proceeds of crime.
Legal Framework tabled or to table before parliament
Corrupt Public Servants (Forfeiture of Property) Bill
The Commission had observed that the corruption in our country had flourished because it was considered to be a "Low risk, High profit" business. The great lacuna in our present system is that even if a person is found to be corrupt and is punished, he continues to enjoy the benefits of ill-gotten wealth. It was considered that an Act, which provides for confiscation of ill-gotten wealth, was the only solution in the circumstances. Therefore, the Law Commission drafted a report captioned as "Corrupt Public Servant (Forfeiture of Property) Act, 1999". A copy of the draft Act was forwarded by the CVC to the Cabinet Secretary, Secretary (Personnel), Secretary (Home) and the Secretary (Department of Legal Affairs) on 01.01.1999. The Commission is yet to be informed of the views of the Government in this regard.
Lokpal Bill/Jan Lokpal Bill
Lokpal Bill has been introduced in the Parliament for the first time in 1968 and since then it has been re-introduced 8 times but never got passed by the successive government. After much speculation on this bill, a new draft committee has been formed to draft it in the best possible way so that it guarantees a proper anti-corruption bill. The present Lokpal Bill has many flaws in it because of which this new committee has been formed. Eminent personalities like Former Supreme Court Judge and present Lokayukt of Karnataka Sri Santosh Hegde, eminent lawyer and advocate father-son duo, Sri Shanti Bhushan (Co-Chairman) and Sri Prashnat Bushan, RTI Activist Arvind Kejariwal and Sri Anna Hazare are representing the Civil Society in that committee. Government of India has appointed Sri Pranab Mukharjee Finance Minitster (Chairman), Telecom Minister Kapil Sibal, Law Minister Veerappa Moily, Water Resourse Minister Salman Khursheed and Home Minister P. Chidambaram.
The Pubilc Interest Disclosure and Protection of Informers Bill
The draft legislation, called “The Public Interest Disclosure (Protection of Informers) Bill, 2010”, provides for severe punishment to those revealing the identity of persons who “blow the whistle against corruption. The Union Cabinet at its meeting cleared the draft bill proposed by the ministry of public grievances. The bill empowers the Central Vigilance Commission (CVC) to act as a civil court, which in turn can hand down harsh penalties to people revealing the identity of whistleblowers. The Public Interest Disclosure (Protection of Informers) Bill, 2010, which has provisions to prevent victimisation or disciplinary action against whistleblowers, will cover Central, state and public sector employees. Once passed by Parliament, the bill will go a long way towards helping those who make public interest disclosures and will help save innocent lives. The Public Interest Disclosure (Protection of Informers) Bill, 2010 also has provisions to fine and penalise those people who punish and victimise whistleblowers. The Central Vigilance Commission will be the nodal authority to handle complaints.
1. Transparency International (TI) is the global civil society organisation leading the fight against corruption. www.transparency.org
http://youthfornation.in/anti-corruption.php--
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