RESEARCH AND METHODOLOGY

OVERVIEW OF PREVENTION OF CORRUPTION (AMENDMENT) ACT,

2018

Submitted by: Vineetha Khandelwal

ID No. 11 (LL.M. FR)

Submitted on 24th September, 2019

SVKM’S NMIMS
 KIRIT P. MEHTA SCHOOL OF LAW

TABLE OF CONTENTS

SR. TOPIC PAGE NO.

NO.
1. Declaration (i)
2. Table of Contents (ii)
3. Table of Cases (iii)
4. Introduction
4.1 Research Methodology 1
i. Aims and Objectives
ii. Scope and Limitations
iii. Research questions
iv. Division of paper
v. Sources of data
vi. Method of writing
vii. Mode of citation
5. Chapter One: Overview and Introduction 3
I. Historical presence
II. Section 377 of Indian Penal Code, 1860.
III. Criminal Tribes Act, 1871
IV. Telengana Eunuchs Act, 1919
6. Chapter Two: the Landmark judgment and global view 5
I. Background of the Petitioners
II. A Global Perspective
III. Observation on Violation of core Fundamental Rights
IV. Gender Identity
V. Legal Recognition of The Third Gender
7. Chapter Three: Critical Analysis of the Transgender Persons (Protection 7
Of Rights) Bill, 2019
9. Conclusion and Suggestions 11
10. Bibliography (iv)
TABLE OF CASES

SR NO. CASES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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14.
15.
 INTRODUCTION

OVERVIEW

“In the forest only those trees with curved trunks escape the woodcutter’s axe. The trees that stand
straight and tall fall to the ground.”

--- Chanakya

The above illustration shows that being naïve, innocent and modest is not advisable. Corruption,
after India became independent, has become so much more rampant that it has become a way of
life. By populist approach it cannot be controlled, much less eradicated. It was once argued that
this evil is prevalent in all countries of the world, but that is no point to allow this evil to continue.
We have been listening about the corruption from our independence.1An idea about the magnitude
of corruption which has many facets can be visualized from some of the instances of corruption
reported in recent years.2

Corruption in a civilized society is like a cancer, which if not detected in time is sure to malign the
polity of the country leading to disastrous consequences. It is termed as a plague, which are not
contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV
leading to AIDS, being incurable. It has also been termed as a royal thievery. The socio-political
system exposed to such a dreaded communication disease is likely to crumble under its own
weight. Corruption is opposed to democracy and social order, being not only anti-people, but also
aimed and target at them. It affects the economy and destroys the cultural heritage. Unless nipped
in the bud at the earliest, it is likely to cause turbulence in social, economic and political system in
an otherwise healthy, wealthy, effective and vibrating society.3

________________________

1. B. M. Gandhi on Indian Penal Code Fourth Edition;

2. K. D. Gaur on Indian Penal Code Fifth Edition;
3. State of Madhya Pradesh V. Shri Ram Singh [AIR 2000 SC 870 : (2000) 5 SCC 88]
 Research Methodology

1. Aims and Objectives

The researcher aims to conduct a comparative analysis of the judgment passed by the Hon’ble Supreme
Court1 vis-a-vis the Transgender Persons (Protection of Rights) Bill, 2019 passed by the Lok Sabha on 5 th
August 2019 and evaluate if the same is in tandem with the directions passed by the Hon’ble Supreme Court
for the welfare of the Transgender community and various international conventions, our country is party
to.

2. Scope and Limitations

The researcher has focused and studied the history of the Transgender Community, the discussion on
criminalisation with enactment of various laws, the landmark judgment of the Hon’ble Supreme Court, laws
in various other countries and conventions for evaluating if the Transgender Persons (Protection of Rights)
Bill, 2019 passed by the Lok Sabha on 5th August 2019 meets the recommendations therein for the welfare
of the Transgender Community.

3. Research Questions

 Whether the amendment brought in by the Parliament is trying to curb the corruption or promote
corruption?

 Whether the Prevention of Corruption Act, 2018 passed by Parliament is in consonance with United
Nation Convention Against Corruption to which India is a party to?

4. Division of Paper
The present paper has been divided in three chapters, starting from the history of the Prevention of
Corruption, various laws passed criminalising the existence of Prevention of Corruption, the landmark
 judgment of the Hon’ble Supreme Court, the global view in terms of various countries and conventions,
the bill passed by the Lok Sabha and the conclusion.

5. Sources of data
The researcher will refer to primary sources such as case laws, legislations, international conventions,
societal customs and will supplement the basic arguments presented using secondary sources such as
internet database, judgments and research articles.

6. Method of writing
The researcher will adopt the doctrinal method thereby exploring and analysing the available literature
and case studies. The researcher has also investigated secondary data from various case laws,
magazines, published research papers, news articles to draw the relevant conclusion.

7. Mode of citation
The citation style followed in the paper is NLS citation.
 CHAPTER ONE: OVERVIEW AND INTRODUCTION

I. Historical presence

The annual Kroll Global Fraud Report notes that India has been among the highest national
incidences of corruption (25%). The same study also shows that India reports the highest
proportion reporting procurement fraud (77%) as well as corruption and bribery (73%). 4
According to the Transparency International Corruption Perception Index, India is ranked 81 out
of 180 nations.5
Chapter IX of The Indian Penal Code states about the offences relating to the Public Servant which
was subsequently repealed. However, it was noticed that the Penal Code provisions were not
effective enough to deal with growing corruption on a large scale among the public servants.
Accordingly, to check corruption rampant in the country. Prevention of Corruption Act, 1988 was
enacted deleting the previous Act, 1947. And the provisions relating to sections 161 to 165A, IPC,
have been deleted from the Indian Penal Code and incorporated in the Prevention of Corruption
Act, 1988 under section 7 to 12 of Prevention of Corruption Act, 1988 making the provisions more
stringent.

II. Section 21 of Indian Penal Code

III. Section 17A of Prevention of Corruption (Amendment) Act, 2018
CHAPTER TWO: THE LANDMARK JUDGMENT AND GLOBAL VIEW
CHAPTER THREE:
CRITICAL ANALYSIS OF THE PREVENTION OF CORRUPTION BILL, 2018