CORRUPTION IN INDIA THE EMPEROR OF ALL MALADIES?

Group No 12 Section B

Arnab Guha Malik Bishnu Kr Dokania Rohan Kalani Shiv Ram Krishna Upalika Prasad

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AGENDA
Corruption Defined
Weaknesses in our System Who is Anna Hazare? Jan Lokpal Bill Anti Corruption Movement led by Anna Lessons from Karnataka Lokayukta

Should bribes be legalized?

Corruption Perceptions Index 2011

India has a score of 3.1 Rank of 95 out of 183 countries

India: A rotten state -- The Economist; March, 2011

Estimated Indian black money in tax havens: $500 billion (Rs25 Lac-crores)
India can have more than 13,000 such Sukhoi fighters Can finance Indias defense budget for 15 years Can give 110 crores Indians 6 kg rice every month for 17 years. (No one will sleep hungry) In the book 'Corruption in India: The DNA and RNA' authored by Professor Debroy and Bhandari: say that the public officials in India may be cornering as much as Rs.92,122 crore ($18.42 billion), or 1.26 per cent of the GDP, through corruption.

Series of mega bucks scams, very few convictions

On March 31, 2010 the Comptroller and Auditor General of India said that unutilised committed external assistance was of the order of Rs.1,05,339 crore.

A 2005 study conducted by Transparency International in India found that more than 55% of Indians had first-hand experience of paying bribes to get jobs done in public offices

TI estimates that truckers pay US$5 billion in bribes annually

CORRUPTION IS
Perversion or destruction of integrity in the discharge of duties by bribery or favours the external manifestation of the denial of a right, an entitlement, a wage, a medicine
Aruna Roy, Co-founder, Mazdoor Kisan Shakti Sangathan (MKSS) movement

the misuse of entrusted power for private gain.

Transparency International

a system that involves a complex set of relationships, some obvious and others hidden, with established vested interests, that can cut across political, economic and social forces

Corruption in Individuals
Society provides the BASE to corruption I either want no corruption or more chance to participate in it.
Driven by greed and materialistic desires (personal interest) Lower salaries, un- appreciated In order to save time savings and avoid regulatory processes again and again(necessity) Influencing outcomes of legal and regulatory processes

Corruption does not get restricted to these sections . It spreads like a wild fire. Political, bureaucratic and corporate corruption in India are major concerns

Lack of effective Management & Organisation

Uncontrolled and unsupervised administration Appointment of inefficient and incapable managers and executives The only cause of this wrong appointment is corruption

Lack of proper system

In India, corruption exists in all levels and areas of system. Very few honest people survive in this corrupt system. Those who raise their voice against corruption are killed or forced to resign

OTHER CAUSES
Inflationary situation, volatile economy Low salaries of government officials Lack of effective leadership Election time is a time when corruption is at its peak level. Big industrialists fund politicians to meet high cost of election

Corruption In Politics
Criminalization of Indian politics is a main problem. In July 2008 Washington Times reported that nearly a fourth of the 540 Indian Parliament members faced criminal charges, "including human trafficking, immigration rackets, embezzlement, rape and even murder". At state level, things are often worse.

Corruption In administration
A 2009 survey of the leading economies of Asia, revealed Indian administration to be least efficient Working with the India's civil servants was a "slow and painful" process. Officials often steal state property. In Bihar, more than 80% of the subsidized food aid to poor is stolen. In Government Hospitals, corruption is associated with non availability of medicines (or duplicate medicines), getting admission and consultations with doctors.

Corruption In Judiciary
Corruption is rampant in the judicial system of India like illegal asset holding According to Transparency International, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws".

Weaknesses in our system (1/2)

Lack of Independence
Most agencies (CBI, state vigilance departments, internal vigilance wings of various departments, Anti-corruption Branch of state police etc.) are not independent.

Powerless
Some bodies (CVC, Lokayuktas) are independent, but do not have any powers. Have been made advisory bodies.

They give two kinds of advise to the governments to either impose departmental penalties on any officer or to prosecute him in court.

They report to the same people who are either themselves accused or are likely to be influenced by the accused

Whenever any minister or a senior officer is involved, their advice is rarely followed.

Weaknesses in our system (2/2)

Multiplicity of agencies
We need to question the idea of having multiple agencies

Lack of Transparency and Internal Accountability

No mechanism to check if the staff of these anticorruption agencies turns corrupt

Other Deficiencies
Even if punished, the wealth is never properly confiscated neither can government recover the loss caused by the corrupt practices

Brings in views which might contradict each other

Before initiating investigations or prosecution into any case, permission has to be taken from some officer or minister in charge of the same department

Corruption has become a high profit, zero risk business

In many cases, they themselves are directly or indirectly involved in that case.

Who is Anna?
Born into a family originally from Ralegan Siddhi Influenced by Gandhi, Vinoba Bhave, Swami Vivekananda Shram Daan and Tarun Mandal Formation of a Grain Bank Watershed Development Programme Gram Sabha movement, RTI in Maharashtra and Prohibition in Maharashtra

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Anna Against Corruption

Spearheaded by Anna, Arvind Kejriwal, Kiran Bedi andBaba Ramdev Triggered by the 2G and CWG Scams

India 95th on Corruption Perception Index

A series of fasts at the RamLila Maidan in Delhi

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Structure of Lokpal
Jan Lokpal Bill: Central Government, an institution called Jan Lokpal should be set up.

Jan Lokayukta should be set up likewise for each state.

Jan Lokpal will accept corruption complaints against Central Government departments. Jan Lokayukta will accept complaints against departments of respective state government.

Each of these bodies will have 10 members and one Chairperson.

Selection Procedure
Search Committee will invite recommendations from various eminent people

These names will be put up on a website and public feedback invited.

The search committee will choose 3 times the number of vacancies.

Selection Committee will then make final selections through consensus.

Committee meetings to be video recorded , made public.

Jan Lokpal, Jan Lokayukta will select and appoint its own officers and staff.

Jan Lokpal Bill: A detailed analysis

Ensuring that they work well

Every complaint compulsorily disposed. No complaint could be rejected without giving a hearing If any case is closed, all records related shall be made public The functioning of Jan Lokpal and Jan Lokayukta will be completely transparent All records open to public, barring those which will affect security of nation/whistleblower Those which will impede the process of investigation, may be withheld during investigations Lokpal will publish on its website the status of cases received, disposed, closed, pending

Anti-Corruption Movement led by Anna Hazare

Views in favour of the movement

This movement has scored a crucial victory in the ongoing struggle to curb corruption in the worlds largest democracy The movement attracted attention in the media, and thousands of supporters Protests spread to Bangalore, Mumbai, Chennai, Ahmedabad, Guwahati, Shillong, Aizawl and a number of other cities in India

The Anna Hazare movement has largely been fueled by disgust and dissatisfaction among the urban middle class
No politician was allowed to sit with Anna in the movement People have shown support in internet social media such as Twitter and Facebook

Pressurized the government to form an independent ombudsman charged with rooting out corruption at the highest levels of the government

Views against the movement

Anna Hazare is Blackmailing the Government. Anybody can come out on the streets and say Meet my demands or I will fast unto death Laws are made in the Parliament, not at JP Park or Jantar Mantar. Anna Hazares attitude is My way or the Highway attitude Movement was not able to successfully expand outside of Indias major urban centres. The anti-corruption movement is supported by the elements like RSS. Lokpal not a magic wand

The Need

Such movements are to be supported.

For a successful movement various leaders like Anna have to come forward.

General peoples opinions are to be considered .

Lessons from Karnataka Lokayukta

Karnataka Lokayukta, constituted under the Karnataka Lokayukta Act, 1984, provides an argument for an anti-corruption agency at the national level

Agency Prosecutions vs Citizen Complaints For every six cases investigated in response to citizen complaints only one is initiated by the department suo motu. Institutional leadership is seen to have a significant impact on the agency performance. 66% of raid cases initiated between 2006 and 2011 under Justice Santosh Hegde

Lessons from Karnataka Lokayukta

Distribution
The distribution is not determined by the Lokayukta as a bulk of the cases arise out of citizen complaints. Given the growing importance of the welfare function of the State the overall share of essential functions is likely to increase rather than decrease.

Petty vs Grand Corruption

The case docket of a Lokpal that includes officers of all categories will be overwhelmed by cases against the lower bureaucracy.

Lessons from Karnataka Lokayukta

Process of Investigation
The success of the Karnataka Lokayukta in investigating cases suggests that the existing legislative and bureaucratic framework doesnt impede investigation High rate (80%) of completion of investigation in spite of bureaucracy

Criminal Trial
Key problem lies at the core of criminal conviction model for tackling corruption in India. Low conviction rates (20%)

Conclusion

Without highly contentious legal reforms, an extremely powerful agency, which the Jan Lokpal Bill promises to establish, can at best marginally improve investigation rates and filing of charge sheet in corruption cases without securing more convictions.

Should Bribes be legalized?

Suggestion made by Chief Economic Advisor, GoI, Dr. Kaushik Basu Paying a class of bribes- Harassment bribes should be decriminalized Harassment bribe- Payment that a citizen makes to get a good or service he/she is legitimately entitled to Person demanding bribe is seen as an extortionist, person paying bribe is the victim

Person paying bribe can later report it to authorities with full immunity from punitive action
Bribe giver legally entitled to refund

PROS
Payer of bribe not afraid to report harassment and extortion
Reduces the number of persons asking for bribe

CONS
Institutions should not collude with bribe givers Over time, payment of bribe becomes a way of life- Stockholm Syndrome

What is Indias future with the Jan Lokpal Bill?

Keeping the features of proposed Jan Lokpal Bill in mind, can we really ensure the continuation of anti-corruption machinery? Can we ensure honest officials for keeping the committee clean and genuinely helping common man?
http://www.indiabuzzing.com/wp-content/uploads/alarming-level-of-corruption-in-india1jpeg.jpg

REALLY HONEST PERSON WILL NOT

Thank You !!