Joginder Singh
Ex Director- CBI
Social activist Anna Hazare is demanding enactment of an anti-corruption bill to give wider powers to the proposed Lokpal authority. Hazare’s fight — indeed, any fight against corruption — is welcome at a time when the government of the day is reluctant to act against corruption and the corrupt, as is evident from the fact that the Supreme Court has had to step in, direct and monitor probes into each of the recent massive scams — the 2G scam, Adarsh Housing Society scam, CWG scam, or the case of the Delhi minister against whom the Delhi Lokayukta had sent a report. In that last instance, the government, instead of acting on the Lokayukta’s report is considering taking a second look at the law itself!
Our laws have been framed to let the guilty escape, rather than to bring them to justice — on the specious and untenable plea that no innocent should be punished even if in the process nine guilty escape.
Not just nine out of ten guilty escape, even the 10th also often escapes, thanks to impossible laws and no witness protection act. The possession of assets beyond known means of income is a criminal offence under the Prevention of Corruption Act. The law should be changed to put the onus on the accused to prove that whatever he possesses or owns has been acquired by honest means. The criminal
justice system should be strengthened so that no case takes more than six months in any court of law, as against the present 10 to 30 years.
Only one appeal should be allowed to those indicted, instead of layer upon layer of appeals. Citizens’ right to corruption-free governance must take precedence over the right of appeal of the corrupt. Second, under the present law, both the giver and receiver of a bribe are guilty of the crime. This is a skewed law, because if both are to be held guilty, then who will give evidence against a corrupt official. Moreover, it is common sense that nobody willingly gives bribes. Bribes are most often extorted. The law must be changed so that only the receiver of illegal gratification is charged with the crime.
Third, once a legislator or minister or public official is found guilty of a corrupt practice, s/he should be debarred for life from contesting or holding any public office or a government job.
Fourth, ‘sting’ operations should be legalised, both for the general public and the media so that they can expose corrupt elements. A percentage of the illegal property of corrupt public servants, say 50 per cent, should be given as a reward to the person exposing corruption. These steps may appear draconian, but serious diseases require surgical operations.
The current mood of indignation against corruption is appropriate. We have among the most corrupt governments in the world, with an integrity score of 33 out of 100, as per the 2010 report of Transparency International.
Hong Kong-based Political & Economic Risk Consultancy Ltd., has rated India at 8.67 on a scale of zero to 10, with the high-end being the worst in terms of corruption. Only the Philippines (8.9), Indonesia (9.25) and Cambodia (9.27) are any worse in a list of 16 countries. In contrast, Singapore had a score of 0.37, Hong Kong 1.1, Australia 1.39, Japan 1.9 and the US 2.39. Even China fared better than India, with a score of 7.93.
Clearly, it’s more than overdue for the government to take this issue seriously. The minimum punishment for corruption should be a life sentence, with no remission. And death for those who loot the country and countrymen!