INTRODUCTION
"If we cannot make India corruption-free,
then the vision of making the nation developed by 2020 would remain as a
dream." - Dr. A.P.J.Abdul Kalam[1]
Corruption per say has no fixed definition. It may mean anything
from subtle flattery to material or pecuniary inducements. But what is
ordinarily meant by corruption is the securing of some kind of pecuniary or
material advantage directly or indirectly for oneself or family, relatives or
friends[2]. In its widest
connotations, the term may include all improper and selfish exercise of power
and influence attached to a public office or to the special position one
occupies in public life[3].
The term corruption as defined in Bouvier’s Law Dictionary is “an
act of doing with an intent to give some advantage inconsistent with official
duty and the rights of others[4]. It includes bribery, but
is more comprehensive; because an act may be corruptly done, though the
advantage to be derived from it is not offered by another. It is something
against the law, as a contract by which the borrower agreed to pay the lender
usurious interest. It is said, in such case it was corruptly agreed to do[5].”
Corruption is
essentially termed as an "impairment of integrity, virtue or moral
principle; depravity, decay, and/or an inducement to wrong by improper or
unlawful means, a departure from the original or from what is pure or correct,
and/or an agency or influence that corrupts."
Corruption, when applied
as a technical term, is a general concept describing any organized,
interdependent system in which part of the system is either not performing
duties it was originally intended to, or performing them in an improper way, to
the detriment of the system's original purpose.
CORRUPTION
AS DEFINED BY JUDICIARY:
Corruption has by and large come to mean an act which is done
dishonestly or fraudulently done with the wrong intent. Anything which is done
against the law whether or not for personal gain is corruption. In Dr. S. Dutt v. State of U.P[6],
court held that the word corrupt does not necessarily include an element of
bribe taking; it implies something more, as denoting conduct which is morally
unsound or debased.
CORRUPTION
AS DEFINED IN THE ANCIENT TEXT:
Corruption is as old as humanity. Today corruption has become a
global phenomenon in spite of all efforts being made by several countries to
contain the same. We are passing through crises of value as the time honored
system of a value based on the morals and ethical code of conduct has virtually
collapsed[7].
In our country, the problem of corruption is not a product of modern
India in the 20th century. We find in Kautilya’s Arthasasthra that
corruption existed in India even as early as 2400 years ago. Kautilya likened
all those in the Kings employment to fish swimming in the water as it is
difficult to prove whether fish is drinking water or not. He emphasized the
needs of keeping a strict watch on persons who run the administrations and
suggested several ways and means to detect corruption in administration as well
as in trade and commerce[8].
There is a Russian
proverb saying, “when money speaks, the
truth is silent”. The proverb to
a great extent, emphasizes the wide spread impact and menace of corruption. The
legendary Kautilya has touched on the subject of corruption by saying, “just as it is
impossible not to taste the honey or poison placed on the tip of tongue, it is
rather impossible for the government servant not to eat up at least a bit of
king’s revenue[9]”. Corruption is a generic term for crimes or
all the human misconduct intended to secure any undeserved, illegal or immoral
pecuniary or other material advantage or gratification by any person to the
detriment of another individual, society or the State. Simply stated corruption is, popularly,
utilizing the public means for private ends[10].
The most disquieting aspect of the widespread corruption in India is
the fact that it is not anymore confined to politicians or the government
machinery alone. It is prevalent amongst almost every section of the society at
every level[11].
As the practice of corruption is a dishonest act, one has to think
that most of the Indians are dishonest, which could be different only in degree
between the individuals. As the reason for the dishonesty is greediness and the
desire to get things done at any cost one can think that most of the country
men are greedy and do not anymore think that the means should justify the ends.
This is not a flattering statement. But, the fact is that most of the Indians
are involved in corrupt practices in one way or the other, either due to greed
or due to so called compulsion. In any case, the willingness to sacrifice for
the sake of not getting involved in corrupt dealings is conspicuous by its
absence amongst the most. Today if one would say that any particular Indian is
honest to the core, it could only be a case of exception rather than a rule[12].
The study of world phenomenon on corruption has repeatedly branded
India as one of the most corrupt countries in the world. Unfortunately, this
view has not disturbed most of the Indians at all and they do not seem to care
as to what others think of them; so long as the existing systems and practices
would allow them to make money and get things done in one way or the other.
Today India has slid to 85th position in transparency index in terms
of global ranking of corruption[13].
Corruption is anti-national, anti economic development and anti poor[14]. Corruption in India is a
phenomenon that one has to face practically at every level and every walk of
life. It can be local rational department, police, municipal authority or
educational institutions like schools and colleges. In the Industries regular
bribes are collected by the public servant at the cutting edge of
administration of the various departments of Central and State governments. In
the past, the perception was that a citizen has to bribe a public servant if he
wants to get a benefit which was illegal. But today we have reached a stage
when even for getting the legitimate demand satisfied, the citizen have to
bribe the public servant[15].
Corruption is one of the important evils of the
society whereby every human being gets himself affected by such evil practice
in one way or the other. Public life gets more polluted in the midst of which
citizens have to face difficulties both socio, economic and otherwise. By the
use of influence of corrupt means people with power get their work done at the
cost of common man.
Corruption in a civilized society is a disease
like cancer, which if not detected in time is sure to maligaise the policy
polity of the country leading to disastrous consequences. If corruption is not
controlled, it spreads like a fire in jungle. Corruption is opposed to
democracy and social order, being not only anti- people, but aim and targeted
against them. It affects the economy and destroys the cultural heritage. Unless
nipped in the bud at the earliest, it is likely to cause turbulence shaking off
the social-economic-political system in an otherwise healthy, wealthy,
effective and vibrating society[16].
The study of world phenomenon on corruption has repeatedly branded
India as one of the most corrupt countries in the world. Unfortunately, this
view has not disturbed most of the Indians at all and they do not seem to care
as to what others think of them; so long as the existing systems and practices
would allow them to make money and get things done in one way or the other.
The irony is that India is still considered to be a very religious
country and it is still widely believed that the religion is the basis of
Indian life, thoughts and actions. This is obviously true, considering the fact
that there are hundreds of temples, churches and mosques spread all over the
country and they are all densely visited day in and day out by the feverishly
praying Indians.
Is not religious ethos contrary to corruption and dishonest
practices? The unfortunate situation in India is that those who call themselves
most religious are often found to have indulged themselves in dishonest
practices on many occasions. Several of the religious centres, of all
religions, are suspected to be steeped in nepotism, as such incidents have been
repeatedly published in the press.
It does not shock Indians anymore to know that not only the politicians, ministers and IAS & IPS officers are corrupt but even the judges, professors, doctors and NGO organizations are.
Corruption is not only prevalent amongst rich who are greedy in
spite of possessing enough but also prevalent amongst poor[17].
It was hoped
that the easing of political and economic restrictions that characterized the
1990s after the end of the Cold War would have gone some way to reducing this
phenomenon. Through increased openness resulting from political pluralism and
the freedom of the press, the process of democratization should, under normal
circumstances, mobilize efforts to overcome corruption. However, emergent
democracies are still fragile and seem to find the task of tackling established
self-interests a formidable one.
By reducing
state intervention and therefore the opportunities for corruption, economic
liberalization should, for its part, likewise improve matters. In the short
term, however, the opposite would appear to be true. Weakened state structures,
a lack of appropriate legislation, powerlessness on the part of the judicial
system to combat corruption, the pursuit of easy money - mistakenly perceived
by some as being equivalent to a market economy - all these factors together
contribute to aggravating the phenomenon, at least in the transitional stages.
Such a state of affairs cannot fail to have some effect on those who are
involved in and concerned by development issues[18].
Needless to say, corruption and its effects can be seen from a multitude
of viewpoints. There is always the ethical angle - but how can we possibly
presume to preach to countries of the South and East when bribery is just as
rife in the North and when, as far as corruption within international economic
relations is concerned, it is in fact, virtually by definition, the North who
is the corrupter and the South and East who are the corrupted? The only
possible reply to such an argument - and one which is morally disputable even
though economically valid - would be that the rich North can afford the luxury
of wasting some of its wealth whereas in the case of developing countries,
their sparse financial resources need to be used in the best way possible!
Other lines of reasoning emphasise the distortions that corruption causes in
the fair application of conditions of competition by penalising successful, yet
honest, undertakings.
Effectively, we
find ourselves in a 'catch-22' situation. Corruption is one of the causes of
underdevelopment and poverty, yet poverty is in part responsible for its
continuation. If a person cannot earn an honest living for himself and his
family, then he is more or less forced into earning it by less honest means.
Hence corruption is both the cause and the consequence of underdevelopment. In
order to break the pattern we must therefore combat large-scale corruption
inasmuch as it is a significant cause of underdevelopment and we must work
gradually to eradicate the reasons for its propagation in society, and in
particular to remedy the notorious lack of adequate income to ensure a decent
standard of living[19].
In general
terms, we can say that corruption also kills off the spirit of development.
Nothing is more destructive to a society than the pursuit of 'a fast and easy
buck' which makes honest people who work hard appear naive or foolish. That is
why, in the context of economic reforms under the heading of 'structural
adjustment', it is vital that the model advocated be one of a market economy
based on a sound framework of legislation and on an efficient state. It should
not allow free rein to the sort of ruthless capitalism which is aimed at
immediate profit at all costs. The example of certain transition countries in
the East, where a market economy has become synonymous with the law of the
jungle, the Mafia and corruption, really should make us stop and think.
In the final
analysis, an economy undermined by corruption has the effect of discouraging
potential foreign investors and public donors. Yet if development is to
succeed, countries have to be able to attract a flow of capital. As Serge
Michailof put it: 'Success attracts money. Waste, failure and chaos drive it
away'[20]. And although investors
are very keen to do business, with the exception of a few opportunists, they
all look for host countries that have a stable and predictable climate.
Entrepreneurs have been known to withdraw from certain African countries -
which are nevertheless rich in resources - because of the constraints imposed
on them by corruption on a scale which they considered to be unacceptable. As
for public donors, they are increasingly reluctant to offer financial aid to
those countries that manage their own resources poorly. It is precisely this
failing which is one of the causes of what we now refer to as 'aid fatigue'.
Financial aid institutions should go as far as suspending their cooperation in
blatant cases of corruption and bad management, just as they do in cases of
serious violation of human rights. Conversely, 'good governance' should be the
determining factor when allocating aid[21].
Corruption
threatens people and their governments. It makes societies unfair. It is argued
that bribery is a negotiated rent, as the beginning of all illegalities and
tyranny. There is no more powerful engine of injustice and cruelty, for bribery
destroys both faith and state. The serious consequence of corruption thus is
not only State Capture but also Mind Capture. Rent-seeking behavior occupies
the human mind and removes it from useful task.
Corruption is
universal. It is present in developed and developing countries, in the bureaus
of public or private sectors, and in nonprofit or charitable organizations.
Shift from governance to management only changes its residence.
Consequences of
rent seeking and rent giving can be seen on income distribution, consumption
patterns (in each social stratification), and rise of an underground economy. Corruption
plays a central role in politics thus state objectives. Rent seeking and rent
giving are major obstacles in the process of planned change of economic layers.
A promise of democracy remains undone. However it does allow selective change
in economic-cycle of an individual, an individual household and a business.
Media's
preoccupation with corruption is understandable because it is a highly marketable
commodity since they understand the general public's fascination for seeing
prominent personalities in embarrassing situations. The media may have brought
this common human frailty into the limelight. However, it is equally possible
that unknowingly they may have helped in spreading this meme. No study has been
undertaken to assess the effect of media in spreading this meme or in helping
to remedy.
Corruption is
usually a kept secret and therefore the behavior of the corrupt agent near
impossible to observe in real life. The character of rent-seeking has all the
qualities one can ask for such as charm and acting talent to create a mirror
image of the truth i.e., of an actor; book keeping i.e., of an accountant; to
understand and manipulate rules and regulations and ability to protect, i.e. of
a custodian.
Corruption
makes distinction between "need driven" and "greed driven"
necessity harder. Campaigns against corruption have not met with much success.
It is a worrisome development. When the majority of people operate under such a
system, individuals have no incentive to try to change it or to refrain from
taking part in it.
Corruption is a
type of strategic action in which two or more actors undertake an exchange
relation by way of a successful transfer of money (material) or power
(political or status) or promoting of gene (genetic), which sidesteps legality
or morality or civility to regulate the relation. It is a strategic interaction
or an art of nonviolent negotiation. As mentioned before, social action is
strategic when it is aimed at the successful realization of personally defined
goals.
With
concentration of ill-gotten wealth in the hands of a few or the undesirable,
there emerges a distorted consumption pattern. Many learn it by imitation thus
produces this dynamic state of rent giving and rent seeking.
It underlies
many other crimes. This social crime inflicts little visible wound on the
victim-person. The entire mechanisms, under a corrupt system then are at stake,
i.e. household, the neighborhood, group and the society, i.e. social
coexistence. They say "honesty is likely to make a greater and more
lasting impression on our children than political posturing and hysteria”. Though
it remains a theoretical observation for most but one that is negotiable.
Economic progress will remain incomplete and illusionary unless the theorists
of economics address this crime[22].
[1] <http://www.legalserviceindia.com/article/l115-Prevention-Of-Corruption-Act.html>, <last visited on 21st
of Jan, 2009>.
[2] Chakrovarti,K.P.”,Prevention
of Corruption in Public Service”,Vora
Prakashan,Ch.1,(1981)p.1.
[3]Santhnam
Committee, Report of the Committee on Prevention of Corruption (1962), p.5,as
cited in “Prevention of Corruption in Public
Service”,Vora Prakashan,Ch.1,(1981),p.1.
[4]Bouvier’s Law Dictionary,3rd Revision,p.688.
[6]AIR 1966 S.C. 523.
[7] Sen, Gautam, “India’s Hope against Hope”, Economic & Political Weekly, Vol.
36, No. 13, March, (2001), Pp 66-79.
[8] Ibid.
[9]
<http://www.indiayogi.com/courses/sw/workshop4.asp>,
< last visited on 24th of Jan, 2009>.
[10]< http://www.aapssindia.org/articles/vpII3/vpII3g.html>, <last visited on 8th Mar, 2009>,Gaikwad.
Vijay, “COMBATING CORRUPTION ROLE
OF PREVENTION OF CORRUPTION ACT, 1988”.
[12] <http://www.pucl.org/Topics/Human-rights/2002/corruption.htm>, <last visited on 24th Jan, 2009>, Venkatraman,
N.S., Where will corruption take India?
[13] The Times of India, 24th
of Sep, 2008.
[14] Pranab,
Bardhan., “Corruption & Development”,
Journal of Economic Literature, Vol. 35, No. 3, September, (1997), Pp
1320-1346.
[15] Vittal.N, “Corruption in India: The Road block to National
Prosperity”, Academic Foundation (2003).
[16] State of Madhya Pradesh
v. Shri Ram Singh, AIR 2000 SC 870.
[17]Supra No.12.
[19] Blanco, Val, Del, Enrique, “Reflections on Some Social and
Economics Causes of Corruption”, CBI Bulletin, April, (1996) Pp. 41- 43.
[20] <http://www.karmayog.org/anticorruption/anticorruption_870.htm>, <last visited
on 10th Mar, 2009>.
[21] Article 5 of the revised Lomé IV Convention.
[22] <http://www.invisiblewound.com/chapter8.htm>,
<last visited on 16thFeb, 2009>.
