Opinion Reboot the system
We need drastic measures and renewed will to root out corruption.
History books have divided Indias past into different periods like the ancient age,the Mughal period,the British period,etc. However,the last few decades,of the age which began after Independence,would certainly compel historians to describe it as the age of corruption and kickbacks.
Unprecedented corruption,a proliferation of scams,growing involvement of public servants occupying high positions (including chief secretaries,directors-general of police,senior judges,ministers,heads of financial institutions,chairmen of regulatory boards,etc) and media reports of about $500 billion stashed in foreign banks,would all justify this categorisation. As a result,public faith in the government has plummeted to new depths.
Safeguarding the financial integrity of the country is as vital as protecting its territorial integrity. But if institutions like the Central Vigilance Commission set up in 2002 with a renewed mandate to cleanse public life become the focus of national controversy,there are natural doubts on the systems intention and the capacity to confront corruption. These doubts are only deepened when it is revealed that these institutions are failing to fight,collectively and resolutely,external intrusions into their defined roles.
Besides impeding growth and development,corruption has caused several upheavals in independent Indias history. A major state government was dismissed on charges of corruption and presidents rule imposed following the Sarkaria Commissions report. The JP movement,launched in 1974,caused a political turmoil in the country. The bank security scam of the early 1990s conceived and carried out by Harshad Mehta and senior bankers subverted the banking sector. The Telgi scam undermined the very credibility of our currency system. The fodder scam of Bihar caused convulsions in both administrative and political fields. Refreshingly,in 64 cases of this scam which involved politicians,public servants and other individuals,935 convictions have been awarded. The impact of this all-pervasive corruption is palpable,on our economic growth,development,health,education and,above all,on the public distribution system and on welfare schemes like NREGS.
In a PIL in the Supreme Court,it is alleged that a large part of the NREGS funds in a state have been siphoned off by corrupt officials. Startling instances of poor landowners compelled to part with their small holdings under duress for most inadequate recompense,prosecution of those who declined to oblige the corporate body,have also been reported. These are some of the dismal features of governance today.
The lust for lucre and clout are the motives that impel an individual or a group to commit fraud. But the culture of impunity and the collapse of vigil are responsible for widening the scope and territory of corruption.
What is the remedy? Investigations are integral to finding out the truth and bringing the corrupt to book. There is a plethora of investigating agencies,vigilance organisations,ombudsmen,lokayuktas,etc,but their record falls far below public expectation.
One more special law,the Lokpal Act,is under consideration to combat current levels of corruption,especially in the political field. Special laws may be an answer to special situations,but adding to the list of existing laws without critical appraisal of their implementation may not be the right remedy.
Access to law is not the same thing as access to justice. Therefore,expeditious trials and the certainty of conviction are needed to dispel the growing dissatisfaction with justice-delivery institutions. But this task will remain incomplete if rooting out corruption from judiciary is not accorded the same,if not greater,priority as other wings of governance are.
The corrupt are often shielded by their colleagues,which thwarts the efforts of honest public servants. This is an internal challenge the system must confront.
Drastic administrative measures like Article 311(2) of the Constitution have become necessary to weed out the corrupt. Recall how the Independent Commission Against Corruption (ICAC) set up in Hong Kong in 1974 led to the summary dismissal of hundreds of public servants. The result is almost zero levels of corruption.
For a permanent bulwark against corruption,the public must maintain its own vigil and express its rage,so necessary in a democracy.
The prime ministers recent exhortation to chief secretaries to take on corruption frontally,boldly and quickly is both a cry of anguish and a call for action. The state has no other alternative than to assume this role,to satisfy popular yearning for a clean,corruption-free environment,which is a human right.
The writer is a member of the National Human Rights Commission,express@expressindia.com
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