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6. CORRUPTION
js both Historical and Universal
oration #8 a phenomenon is both universal and historical is a at of ior Sa ee
cociety in the past in which comuption was totally absent. At the same time, coraption
. another in all the existing societies of the world. Its content and cheseter bs
differ from society to society. :
carruption as & SoC!
Coruption is one ofthe social cvils found in all the societies ofthe world, In some societies
more rampant than in some others. Unfortunately, India is regarded as one ofthe countries where
tomuption has become Very auch widespread during the recent years. Cormupion oe Of ne
feos that has contributed 10 the degradation of the Indian politics. Coruption in lndis nas Become
éeeprrooied and its growth is ‘unchecked and unhindered. All those leaders who declared war against
ave either shamelessly succumbed to corruption or ‘miserably lost the battle, Tait claims
trade by political leaders to fight out comuption have proved to be shallow.
“Power corrupts and absolute power corrupts absolutely.” ‘That is what the events atthe
auioal politcal scene seem to suggest, at least during the Tast couple of years. Practise of commuption
At lower levels by some clerks, peons and altenders for some Pet ‘amount, is understandable and
tolerable. They may practice it due to tough financial conditions, excessive demands from familys
frends or society, health hazards, or some other Kinus of pressures: What is more disturbing and
dangerous is the corruption at higher levels. Corruption in various Forms has become the mainstay of
oy ‘national polity in the recent past It is needless to say that the evil of coTupton ‘meaning bribery
en wo social stability and ‘equilibrium, Ut invariably involves negation of
ues of soiely, which are essential forthe smooth functions of society.
Definition of the Concept of Corruption
Aad ee of corruption can be made clearer by means of some definitions.
public office ieee to “an act of bribery.” It is abuse of political power O°
‘The dietionary defines corn private gain brushing aside all formal rule
ans a departure from wher “an inducement to wrong by bribery ar alter unlavefil
is pure and correct.”
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According to DAH Bailey, corruption can be understood as the “misuse of ay,
result of consideration of personal gain which need not be monetary
ay
Andtiskt considers it as “the use of public power for private advantage in yay, i”
* ic
Iransgress some formal rule or law. h
5. Bhargava s
that an “act of emission or omission by @ public eran fy
re ‘ i :
Pecuniary or other material advantage or indirectly for himself, his famit ng
1 OF ena
corruption." i
Main Characteristics of Corruption
The above cited definitions point out the following characteristics of corruption,
1, Cormuption, as itis understood today refers to an irregular,
associated with our public life,
illegal and immoral
Prete
2. An act of corruption involves dereliction of duty, moral and legal lapses,
3. _ Persons party to corruption tend to neglect their prescribed duty deliberately.
‘Individuals who are charged of comuption are those who deviate fom their fixed offic ty
in order to obtain some economic gains or to provide some physical comfort Oo conveniny,
tw his family members.
5. Comuption involves the practice of receiving bribe not only for getting wrong things done
but also getting right things done at the right time.
6
Coruption involves the abuse of power associated with a public office or public lif
Corruption in Public Life and among Public Servants
Corruption has become a widespread practice today. It has percolated through alma a
the fields of our social life. No part of our public life is spared from it. A large ‘numberof pubic
Servants are guilty of either practising or supporting corruption, The term “corruption” has avey
‘wide meaning, and from the legal point of view, the following behaviour pattems canbe dite
Comupt practices, according to Malhotra.
(1) Receiving some reward on the part of a public servant,
capacity. Example: A doctor in a Government hospit
Patient for having treated him,
2) Obtaining any object or pecuni
“mamul”
for the work done by him in his offical
ital receiving monetary reward froma
ary advantage illegally. Example: Police officers reciving
the hands of small vendors found in footpaths of busy areas of a city
(3) _ Misappropriation of public property. Example: Government officers using thir depart
vehicles for their personal tours, family purposes,
@) Possessing property or financial resources. disproportionate to one’s declared sources of income.
Example: Clerks and oficers in RT.0. (Regional Transport Office) owing fim teat
hotels, couple of acres of high yielding agricultural lands, etc
(5) Abuse or misuse of official postion, Example:
free supply of fruits, vegetables and daly requis
(6) Disregard of rules purposefully to hel
the goverment. Example: Income
favouring some people either in red
financial benefits from them.
Police officers misusing their position 0
ied things from the petty businessmen
P citizens in avoiding dues / tax / duty due tobe pid
‘ax, sales tax, commercial tax, and other tax oft
lucing dues or in waiving of the same after obtaining
4
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667
some plea which
yo duty oO” ich may benefit the
oi ene af other party. Example: police officer
is “| it
ans [sich as Cats gold chain, fridge, colour T.¥., ete,| by %
wth whom they have official deatings. xan ie Ba Lnpilelerird
" = ! Example: Building contractors givi
meen geting some favours which would cause logs tothe prec
for purchasing a costly thi
ing MONEY ly thing from a person with whom one has offi
a ve ‘ M cone has official
ee pe nce 1 cet rowing ney ra a siesta as
aes act oF which compels him to do some official favors to the lendder of money.
e
o ton 189 rapt that ts found in al the ministre ant depriments ofthe cota
- governments In some ministries in the union government such as defence, froin
pcs eatin cha fr iaking money” rough crt races meine wie
mi enatnents such a pie anspor, income ta. sales tux, commercial xt
fe ays
ie 1, etc provide Jot of opportunities for the public servants working im them to
ee in an illegal WAY :
al sion is so widespread today that people have come to accept it a8 commonly
to wonder, if it becomes isittionlsed inthe days coms
Causes of Corruption
son is like blood cancer. It has taken deep rots inthe coun It has percolated
tion in Indian public life i “al pervasive” and that businessmen,
aqogh alos al fields. Come
rs, industrialists, entrepreneurs, journalists, vice-chancellor, teachers, doctors,
pera,
‘sc and te plitcans all come ‘under suspicion. As the time moves more and mores people are
teing swept By the Move of corruption.
id forces have conspired 10
Jex phenomenon and various factors an
Corruption is a comp!
cquseit and spread iteverywhere. The causes responsible for coruption as enlisted By
Pages: 844-847], may be discussed here,
LBeonomic Insecurity : This is regarded as the ;
poor people become corrupt inthe hope of eoming rich. The rich indulge in it for fear of losing
‘what they have. The rich have & craving for luxurious goods
cesses, telephone receivers, golden ornaments, ‘cosmetics,
ashe etg ‘This encourages smuggling on a massive sale
2.High Rate of Income Tax + Since tax rates are comparatively high in India even the
honest people are often tempted to escape from it by making false returns of their property and
income, Many of the officers in the Income Tax Department ate also equally corrupt and they thrive
an bribery. Income tax officers, policemen, ates tax officers, excise inspectors and others started
minting money not only from the black marketeers ‘and tax evaders, but also from innocent people
‘who gave bribes in order to avoid suffering an humiliation at the hands ‘of these officials.
3,Meagre Salary being Paid to the Government Servants : Employees in some of the
rn departments are paid comparatively very less salary, ‘This situation is said to be the
‘penal pete in administration. Clerks in the court, peons ‘and attenders in all government
| ies cms vay such other employees draw poor salary. ‘They expect tips and
olar or routine des. 1 has Been estimated that 60% to 70% of the
wy ae corrupt in one form or the other. [C.B. Mamoria - Page: 845]
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C.B. MamoriaSOCIOLOGY OF ip,
1 —— a
aN
4. rmergence of New Sources of Weath ond Power: The meer pia
Sel tp provides m chance forthe poiicans in power fo make money through ite ‘ey,
Mincotn Steffens hn said. the politicians rook bribes because businessmen gy,"
businessmen gave them because they had to.” This unholy understanding between ihe tn wie
And the politicians always encourage coruption te
5. The System of Democracy : The present style of functioning of democracy iy .
Contrivwtes to corruption. AN partis, expecially the ruling party spends crores of ry,
flection. This money comes from the i Businessen, industrialists a ch ote
hhave their own vested interests in financing the elections. They supply money to the pny
in the form of “black money, ° This in turn, gives them licence a ‘moral justification f
(OF acct
‘number - nwo” money funcconnted money! in different forms "ht
6. The Very Presence of Black Money : Existence of large aMoUnts Of una,
‘money is one of the main sources of cortuption. “This money it obtained by various
{ek “evasion, smuggling, speciation, in immovable property and shares and stocks fee,
«and remuneration partly or wholly in cash without showing them inthe accounts, trading
and permits... ete.” [C.B, Mamoria - Page : 847]
7. Social and Economic Modernisation : It is said that modernisation breed
‘in industrial society, which “offers prizes for doing evil; money, position, power", besides get
about attitudinal changes in the system. New loyalties and new identifications "tiny
individuals and groups. This contributes to an increase in the incidence. of corruption, As Hg
has said, “Corruption in a modernising society isin part not so much the result Of dent
behaviour of norms from the established patterns of behaviour.” More than Any other thing ft
Serrich quick” motivation inspires a large number of people both at the top and bottom te
society to become comupt.
All the factors mentioned above have generated a favourable atmosphere for com,
nag
Ways, hte
Prevention of Corruption
Legislative Measures to Contain Corruption
Coruption which has become widespread inthe Indian society has tobe conte a
‘Some way or the other. Legislative measures are very much necessary for this.
1. Prevention of Corruption Act, 1947
Certain sections of the IPC could be used for punishing those who are guilt of aking bide
‘The Central Government introduced in 1947 “The Prevention of Corruption Act” forthe nor
effective prevention of bribery and corruption. The Act, of course, has been a miserable flue in
‘Teaching its target. We know that corruption has increased out of all proportions.
2. Prevention of Corruption Act, 1988
In order to bring all relevant legal provisions relating to the practice of comuption, he
Central Government introduced the Prevention of Corruption Act, 1988. The Act consolidated be
provisions of the Prevention of Corruption Act, 1947, some sections of the Indian Penal Code, he
Criminal Procedure Code, and the Criminal Law Act, 1952,
This [1988] Act enlarged the scope ofthe tem “public servant.” The Act i ow srl
to all the employees of the Central and the Union Territories. The ‘employees of nationalised
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axing, Unversity Grants Commision
Sng financial aid from n [UGC], vice-cha
ie oes a the Central ancellors, professors, scienti
ie ‘ofthe co-operative societies ofthe and State government or even local sures
se Act HO central and thea local authorities
a sion of this wever, M.P.s, M.L.A.s, and late governments, also come under
pt committed by the public servants, ra Xd M.L.C. are kept out ofthe purview of this,
Oe ows oF Hs At if proved in a court of law are effectively deat with
ae
a
Mi
genthanam Committee and Its Recommendations
omupton which has gone deep into ou so
indy ir social life cx
soni spaeerbeaneenye ae is cannot be removed very easily. In fact
080 a far. Een for mining this problem, rt pped altogether. No nation as become
ea peraken Ths the Central Goverment appa in 1962, and punitive measures will
Le ion" ander the Chairmanship of K, taciapae F 1962, a Committee on “Prevention of
sie atl . The Committee gave its report in 1964 i
ws recommended various steps to be ten to contain corupion. The ae ares
jch it
tie imi
ration cannot be eliminated or even satisfactorily reduced
A ft less preventis
and implemented in dS é unless preventive measures are
oe ei sustained and effective manner, Preventive action mst include
Uist L I, economic and educative measures”. {as quoted by C.B. Mamoria -
page: 865) -
The Committee recommended the following measures :
1, Athorough study of the extent possible, scope and modes of corruption, should be undertaken
regarding each department, undertaking or ministry. The study must also suggest preventive
remedial measures for the same.
2, Administrative delays should be reduced to the minimum to avoid corrupt practices. For this
purpose ~
(@) existing procedures and practices should be reviewed (0 avoid delays;
(b) _ time-limits should be prescribed for dealing with receipts and should be strictly
enforced; and
3. Attempts should be made to educate citizens with regard to their rights, responsibilities and
the procedures of the government.
4, Improvement must be made to increase the salary ofthe employees besides making necessary
provisions for housing, medical facilities for the government employees, el
5, Informal codes of conduct for different categories of employees particularly belonging to the
th economic affairs must be evolved insisting 9” them not to avail
departments dealing Wit
themselves of entertainment ‘and other facilities provided to them by those with whom they
have official dealings.
6. Officials should not have any dealings wit a person claiming to act on behalf ‘of an industrial
rouse unless he is properly ‘authorised to do so,
Companies and businessmen should be obliged to keep detailed accounts of expenditure.
‘cere for the administrative posts should be selected with great care, Only those whose
snnegrty is tested tothe fullest fatisfaction must be appointed for the Key posts:
—_— government servants accepting private commercial of
dustrial employment for two years afer retirement.
A _
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lic.
“The Central Government established the Central Vigilance Commission [vq in
itself as per the recommendations of this Commitee. The Government A180 set up hash
departments as anti-conuption measures :
1, Administrative Vigilance Division [AVD] in the Depa
2. Central Bureau of Investigation [CBI].
tment of Personnel and Ty,
Me
4. lance Units in the Ministries / Departments / Public VMAS Ning
Functions of Central Vigilance Commission
‘The Central Vigilance Commission which is the main legal body for dealing with a
‘of comuption, has the following main funetions. ;
(__to-make an inguiry into any complaint of corruption against a public servant;
Gi)_ to advise appropriate type of proceedings to be initiated against the accused person ing
in cormuption.
Gii) to give directions to the CBI to register a regular case against the corrupt persons,
Gv) to exercise general check and supervision over the vigilance and anti-corruption y,
‘ministries / departments / banks / public undertakings, etc.
Commissions Instituted to Probe Charges of Corruption against the Politicians
and Public Companies
From 1955 to 1999 various commissions were appointed by the Central Governney,
probe into the charges of corruption made against the politicians. Examples : (1) Das Commission
against Sardar Pratap Singh Kairan; (2) Kapur Commission against Biju Patnaik, Chief Miner p
Orissa [1987]; (3) Sarkaria Commission against Karunanidhi, Chief Minster of Tail Neda (975. |
(4) Grover Commission against Devraj Urs, Chief Minister of Kamataka [1977]. Dozens of yy,
Commissions were instituted either by the Central Government or the State Governments topoie
into the charges of corruption levelled against politicians, including ministers. It is a pity that noge
Of these Commissions has been able to hold the enquiry successfully and find out the truth,
The Vohra Committee : The Government had set up in July 1993 The Vohra Commitee
find out the links between Government functionaries and political personalities and crime synticaes
and mafia organisations. The Committee which submitted its report in Oct. 1993 strongly
recommended the setting up of an independent agency to probe into corruption cases.
The Lok Pal Bill : The Central Government previously tried to introduce the Lok Pal Bil
in the Lok Sabha several times in the time span of 29-30 years (1968, 1971, 1977, 1985 and 1989]
bat was not able to pass the Bill for want of consensus. The BIP-led NDA (National Democrai:
Alliance] Government has also shown great interest in introducing this Bill in the Parliament. At
present, there is no substitute for Lok Pal whose jurisdiction is to investigate the charges of corupion
made against those holding high offices, including the Prime Minister.
Appointing Lok Pals to look into the charges of corruption at the level of those holding
high offices, may prove to be an effective measure in containing corruption. At the States level, he
Lok Ayuktas which have been established in as many as 11 states have been proved to be vty
ineffective for they lacked statutory force. In order to make the Lok Pal an effective agency itis
necessary to make it comprise of a single retired judge of the Supreme Court or two or three judges.
‘Such a judge / judges should be selected by a Committee of four persons consisting of the Prime
‘Minister, Chief Justice of India, Speaker ofthe Lok Sabha and the Leader of the Opposition. The Lo
Ot i
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at PRO! M ,
, TT
f ne given final powers must
- youd bee have an independent investigative machinery at his
“
!
foal a gestions to Contain Corruption
he noted that |
jg 0 bets Fue vee ‘lone are not sufficient to contain corruption. AS
jenn gine ‘Cabin Uitte Ate to be undertaken to control the practice of
si Mote below = \d Fecommended as early as in 1964 certain measures
)
tion tothe ar recommendations made by The Santhanam Committee, the following
yy be considered with a view to eradicate or minimise corruption :
3 petston laws kiss temo licenses and permit system must be thoroughly reviewed.
° re law enforcing wthorities must see that the laws are rigorously enforced without any fear
ee ee
Mass communication media must play a more positive role in encouraging honesty and:
oo MSuragng and condemning dishonesty and corvption.
° salaries of aa officials and the ministers and legislators must be raised in tune
wath the price index.
Fureaveraic comuption must be reduced by stringent enforcement of punitive m~asures
(ait bribe-taking.
Ccomuption trials should be given the widest possible publicity.
Comuption is a cancer which is eating the vitals ofthe Indian society. Itseems that corruption
cehsamot be completely wiped out. At Tes, itcan be minimised and held under control. Time
i ‘or controlling it atthe earliest. More than the legal measures, the public opinion is to be
noulded ‘and mobilised against the practice of corruption. That is the need of the hour. Indian
me chould be encouraged to honour and respect honest and dedicated public servants including
itcal leaders. People, instead of making compromises with corruption must make up their mind
ait Only then, the evil practice of corruption could be contained.
pai
7. NEPOTISM
Meaning of Nepotism
Nepotism is a practice associated with the social evil of corruption. Nepotism means
Javourtsm shown towards one's own relatives. According to the dictionary meaning, nepotism
iving undue patronage to one's own relations. “a
Nepotism as a Social Evil
Like corruption, nepotism is also
bli offices bestow patronage on their own rela
disregard to merit. In this practice, something is
‘eations and in disregard to the accepted norms.
Nepotism due to the New Trend in One's Loyalty ?
Favouring one’s own relatives or showing favours to ‘one’s own kith and kin is not an
‘common practice. Itis not a new trend. It represents one of the: ‘oldest forms of corruption. Sociological
satire ene HT
1 Chambers 20th Century Dictionary [1964]. Page - 715.
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‘social evil. It isan evil practice in which persons in some
tives in consideration of the family relations and in
done or undone under the influence of the family