Tuesday, 15 February 2022

corruption laws

     India has been ranked 76th out of 176 countries in the Corruption Perception Index released by Transparency International. In the past decades and also at present, India has seen a series of corruption with the most recent being, INR 1,86,000 crore coal scam in 2012, 2G spectrum scam of INR 1,76,000 crore in 2008, Commonwealth Games Scam of INR 70,000 Cr. In 2010, Bofors Scam of INR 200 Cr. In 1980 etc. In the light of these scams, it can be concluded that the problem of corruption in India is huge. Right from the clerical to the ministerial level, corruption is rampant prevalent in India. Thus, in India, there is an immediate need for strict regulation to keep checks on government officials. If corruption remains unchecked, the inequality gap in India would further widen with the ministers and govt. Officials holding wealth and the poor in India will remain starving for days.

    Under Section 166, if a public servant does not do what is required to be done by him, in his official capacity he will be punished with simple imprisonment of a term. Under Section 171B, if any public official accepts either for himself or for any other person any gratification as a reward for showing undue favour to any person commits the offence of bribery and will be liable for imprisonment. Under Section 409 of the IPC, if a public servant is entrusted with any property or dominion over the property and he converts such property for his use, he is guilty of criminal breach of trust. The punishment for an offense under Section 409 is life imprisonment or imprisonment up to 10 years. Under Section 169 of IPC, if a public servant unlawfully bids for any property, he shall be punished with imprisonment up to 2 years or fine or both.

    For the judges of the lower judiciary, CBI is the competent authority to receive complain and take actions against the erring judge. In case of higher judiciary, an in-house mechanism has been formulated to receive complaints against judges. In case a judge of the High Court demands bribe, complaint can be made to the CJ of the concerned High Court. In case, a CJ of a high court asks for a bribe complaint should be addressed to the CJI. Complaint against any judge of the SC is also made to the Chief Justice of India.

    Provisions for complaint against MPs has been discussed above. In case a MLA demands bribe, complaint can be made to the Lokayukta of the state. The Lokayukta has the power to initiate enquiry against any minister including the chief minister. Any person who reports offense of corruption shall be protected by the Whistleblowers Protection Act, 2011. Where any public official asks for a bribe, any public servant, or other person including NGOs can disclose of the wrongful acts to the Competent Authority. Any disclosure made under this Act shall be treated as a public interest disclosure, and such person is entitled to certain protection.

    According to a survey, 38% of land and property deals in India involves bribes, 62% of law enforcement officers take bribes, INR 222 crore is paid by truck drivers every year to police, forest officials, excise officials, etc. A study showed that 60% of people having driving license have never appeared for a driving test. The monetary value of petty corruption in 11 services of the Govt. Like education, healthcare, judiciary, etc. Amounts to INR 3,19,72,50,00,000 annually. In lights of such statistics related to corruption, it can be concluded that problem of corruption is deeply rooted in the Indian Society. The problem cannot be solved by law-making. To deal with such a societal evil, people need to bring change in themselves. The coming generation should be made to realize the evils of corruption and should be taught not to indulge in these practices.


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