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Prevention of Corruption Act was enacted in 1947. In 1988 a new law was
made to combat corruption. Corruption is one of the issues of criminal justice
which is an integral part of governance. India has a criminal justice system
which in 1961 rendered about twenty one percent of the convictions. In the
twenty first century the emphasis has shifted from the rights of the civil
society to the rights of the individual. Therefore the entire system is
now geared to the protection of the individual. The system and the courts
have no place for the victim. The victim is invisible. From 1961 to 2001
the conviction rate has gone down to 6.4 percent. By 2004 it had gone down
to 1.5 percent.
The issue of this
speech is the issue of governance. It means that there is a rule of law
and the primary responsibility of the government of the land is to punish
the guilty. Where is governance if the state has succeeded in performing
this responsibility to the extent of 1.4 percent only? Judiciary itself
will be held accountable for this decline as there is nothing wrong with
the laws. It is the way in which the Article twenty one of the Constitution
has been expanded which makes convictions more and more difficult. Lack
of trust between the judiciary and the police has resulted in the judiciary
not caring and mistrusting the prosecution and in the process becoming
insensitive to its consequence for the civil society. Importance is not
attached to criminal justice in India and that is the root cause of corruption.
Corruption is a low
risk and high profit business. If morality could control crime then there
would be no need for law. Corruption is not an issue for the rural and
uneducated people alone. When a sector wise survey was done it was found
that the highest rate of corruption was in the health sector which has
some of the best brains followed by the education, construction department
i.e. the PWD and judiciary. Not many members of the judiciary get arrested.
In 1962, Defence of India Rules was made. It said that a person who will
commit some of the identified crimes will not get bail. The Essential
Commodity Act followed the same mechanism. Same formulas were followed
in case of smuggling, Prevention of Food Adulteration Act and Prevention
of Corruption Act. The legislators are not interested in streamlining
the criminal justice system as it would lead to convictions and the disqualification
of many. Judiciary will definitely be kept under a handicap.
The state of judiciary
has to be judged by the state of lower courts and not the highest court
as corruption has to be tackled there. Few cases reach the highest court.
It is needed to be understood that the more educated are more devious.
Universal Adult Franchise is not the problem but the putting of the self
before the system. Mahatma Gandhi observed that the rural areas suffered
from lower levels of corruption as compared to urban areas. If the country
has to move forward the public opinion has to be mobilised for the reform
of the criminal court. Till the guilty cannot be punished, corruption
cannot be tackled. The courts need reorientation as they cannot solve
the problems of a supersonic age with old facilities and mechanisms. The
entire system is responsible for creating obstruction for the judiciary
in rendering justice. Corruption is the root cause of the problem and
judiciary has become a part of the root cause. In a society which is generally
corrupt, liberty will not survive. It is a threat to the spirit of democracy
and the nation.
P Shankar, Chief
Vigilance Commissioner
What will such discussions on corruption achieve is a central issue. In
1964 the Santhanam Committee gave a report and the Central Vigilance Commission
was formed at the centre as well as state levels. The commission has been
giving advice primarily. Yet its implementation is not happening. There
is low consciousness of the work of the commission. Structurally the commissions
are not equipped to deal with the problem.
The Kendriya Bhandar
was set up initially to provide basic commodities like soaps, tooth paste,
stationary etc. Today things like aircrafts, missiles can be bought within
its budget. There are no audits and quotations done and this goes unchecked.
The Taj corridor case is another example of the kind of money being siphoned.
Such scandals need to be exposed. People need to get together and work
on these issues as media is hardly concerned about bringing them to the
public front. Eradication is not easy and therefore it is necessary to
fight it collectively.
Questions and Answers
Question: Sixty
percent of corruption happens where public has to interact with the government
officials at lower levels e.g. land records etc. Computerisation has reduced
this to a large extent in states like Kerala and Tamil Nadu but is not
being implemented in the more corrupt states like the northern states
of Bihar, Madhya Pradesh and Uttar Pradesh.
Answer: The
legislators do not want this. Otherwise there is not lack of funds as
such. Overall the southern states are the least corrupt.
Question: A
minimum level of qualification should be needed for the electorate too.
This has ensured less corruption in the Southern states. Secondly the
rule of technology should be made compulsory for all departments.
Answer: The
second point is agreeable. On the question of universal adult franchise,
Pt. Jawaharlal Nehru had said that the teeming millions of poor, uneducated
people had joined the national movement when the educated were siding
with the Britishers. How can they be denied the right to vote and participate
in the government.
Question: What
is your viewon the media's role?
Answer: In media there are very few real journalists left. The
newspapers are not reflecting the reality. Some stories are kept away
from the public for gains.
Question: What
is the speakers view on the feasibility of the Presidential form of government?
Answer: Presidential
form of government needs to be considered in the present times. But it
has to be made sure that it does not lead to a totalitarian form of government.
Question: The
resources provided to the MLAs and the MPs as local area development fund
is not used for the people but goes into their pockets. There is a collusion
of private bodies and the service providers which leads to the essential
services not being available to the people. Is there any way to stop this
and can action be taken through public interest litigation?
Answer: Transparency
International and other organisations have already gone to the Supreme
Court asking for it to be abolished. In fact it is now termed as the 'twenty
percent fund'. In fact when bureaucrats have tried doing something about
it, they are shifted to a punishment posting.
Question: Have
the political parties been rated for corruption?
Answer: The political
parties have not been rated. Except for the communists, none of the political
parties have been forthcoming on this matter. This is despite the fact
that the Supreme Court has passed the directive for them to disclose it.
It is important that the civil society gets involved in this matter, for
the system to change this is imperative.
Observations:
" The media has
lost its bonafides due to its crave for sensationalism. It is therefore
for the members of civil society to take up the cudgels.
" On the issue
of victimisation of officers, it has been observed that many of them get
implicated due to false and motivated complaints and a lot of injustice
happens due to this. If the rule of law could be strengthened it would
solve lot of problems.
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