Thoughts on controlling corruption in Public Life

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Our Justice System

Postscript

A Ray of Hope

I have been chronicling inThe Bright Face of India the achievements of our country and its citizens in various fields in the past few months.

There is, however, an ugly face of India too, the face created by rampant corruption, which has earned our country the dubious distinction of being among the most corrupt countries of the world.I am not referring to the petty corruption of the low paid workers, who expect a baksheesh for doing their legitimate work-like installing or repairing a telephone, delivering a registered letter,clearing a blocked drain, repairing an electrical fault etc.Reprehensible though these are, they do not do much damage to the country.

Big time corruption indulged in by politicians and bureaucrats definitely harms the country's progress and even endangers its security.This is for doing illegitimate work like hushing up criminal cases, winning contracts not based on merits,avoiding payment of legitimate taxes,indulging in electoral malpractices, getting substandard works or stores passed and dozens of such malpractices.

The lifestyle of most of our politicians and some bureaucrats, out of proportion to their known sources of income, is proof of ill-gotten wealth.

Let it not be felt that only in the government sector there is corruption.In the Private Sector also there is widespread corruption and system of kickbacks, without the fear of Vigilance or CBI!

In the following paras I am reiterating some steps which will help control corruption in the government sector.These suggestions have been aired by me in the past through 'Letters To The Editor' and various fora.I am intentionally using the expression 'control corruption'.Total elimination of corruption is virtually impossible.

The suggestions are:

1. Every minister, senior bureaucrat. legislator and similar persons in authority must declare the assets held by them and their kin at the time of assumption of office and by stipulated dates each year thereafter.The declaration must be made not to the Party, but to a statutory body which has an investigative arm to verify the correctness of the declarations.The declarations should also be open to public scrutiny.False declarations must attract stringent punishments including disqualification to hold elective office.Failure to file the declarations by the stipulated dates MUST result in disqualification to continue in office, with no power at any level to condone the disqualification.

2.Trials under the Prevention of Corruption Act must be concluded more expeditiously than at present.

Power to grant adjournments must be severely curtailed.All objections,legal points etc must be settled by one petition to the appellate court.Conviction must be on the basis of 'preponderance of evidence' and not 'proof beyond all doubt'.

3. Convictions for corruption must be followed by confiscation of ill-gotten assets.

4.Once a person is convicted and appeal has been disposed off, widest possible publicity to the conviction and details of the crime must be made through the print and electronic media.It will be also desirable to have a 'Rougues' Gallery' in each State where particulars about corrupt persons convicted can be permanently exhibited.

It will indeed have a telling effect if a former minister/chief minister or senior bureaucrat, convicted of corruption and after all appeals are over, is marched to prison through the streets and their doing 'hard labour' is videographed and shown on national television channels.The enormity of crimes committed by some of them calls for such stringent measures.China recently executed a high ranking official for corruption, after a speedy trial. 

5.Any corruption or kickbacks in defence-related contracts must be treated as treason.In the context of Kargil it will not be difficult to appreciate the need for this.

6.Bulk of corruption is in the matter of purchase of stores and award of contracts.If all Tender Committee proceedings are made available to all the parties bidding for the contract before the contract is finalised, much of the corruption can be eliminated.It is a fact that because of the confidential nature of Tender proceedings, a lot of incorrect statements go into the records to twist the decision in favour of favourites.

This calls for no fresh legislation,only an executive order by the government or Chief Vigilance Commissioner.

The present CVC has no doubt initiated a number of far-reaching measures.However, one wonders why he has not published a list of politicians who have been investigated and are to be prosecuted, in the same manner as he has published lists of corrupt bureaucrats in his website.Equally mystifying is the lack of progress in the cases initiated against some high-profile politicians close to the present NDA alliance ruling at the centre eg the former Communications Minister.

The above are some of the ideas which can be developed to rid the country of the canker of corruption and to secure a better life for its citizens.These ideas can be translated into constitutionally valid legislation if there is political will.There will no doubt be overwhelming public support for such measures.

Aug 7,1999,updated on July 31.2000,Sept 19,2000.

Our Justice System is weighted in favour of the rich!

After the 'non-impeachment' of a Supreme Court judge who was found guilty of corruption by a Committee of Judges some years back,I had recounted in a letter published by Frontline the story of a less-fortunate person caught in a corruption case.I summarise the story here:

Around 1960, a Ticket Collector of the Western Rly was caught by the CBI accepting two rupees from a ticket-less passenger.After a quick trial, conviction and sentence  of two years in prison,the mandatory dismissal from service followed. A few months later in the dead of night the Railway Protection Force evicted his aged parents, wife and infant baby from the railway quarter.Some of us in the nighbourhood had to shelter them for a few days and pool our resources to send the family to the native place.

Compare this with the manner in which some high-profile politicians with huge ill-gotten assets have been able to resort to all kinds of strategems to delay their trials.

Postscript-A Dubious distinction

The latest survey by Transparency International as seen from Business Line dated Sept 18,2000 shows that of the 90 countries surveyed India has the dubious distinction of being 69th ie only 21 countries are more corrupt than India.

This should make every patriotic citizen sit  up and THINK.

A Ray of Hope

(posted on October 12,2000)

Cartoon Courtesy The Times of India

Two recent developments have come as a ray of hope showing that even the mightiest are not above the law.I refer to

In defence of Narasimha Rao it has been argued by some that he had to resort to this bribery to salvage the government and avoid an election in the heated post-Babari masjid demolition atmosphere.This is a matter for debate.Will the end justify the means?That is an age-old question.

If a person commits a burglary to get at some valuables to help his starving family,is the offence pardonable?The same logic should apply to Narasimha Rao's case.

It will indeed be a travesty of justice if political VIPs convicted in corruption cases get five-star treatment in prison in the name of 'security' and at heavy cost to the tax-payer.They must get the same treatment as any other 'lowly' person convicted for a similar offence.

One aspect the media has left out is the courage of the judges who sentenced the politically powerful politicians.It is well-known that public servants who have to deal sternly with powerful politicians face some danger.Let us, therefore, salute the courageous judges.

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