Anti-corruption laws in India Public servants in India can be penalised for corruption under the Indian Penal Code, 1860 Prosecution section of Income Tax Act,1961 The Prevention of Corruption Act, 1988 The Benami Transactions (Prohibition) Act, 1988 to prohibit benami transactions. Prevention of Money Laundering Act, 2002 India is also a signatory to the UN Convention against Corruption since 2005 (ratified 2011). The Convention covers a wide range of acts of corruption and also proposes certain preventive policies.[65] The Lokpal Bill, 2011 is a bill pending before the Rajya Sabha. Indias lower house of parliament, the Lok Sabha voted to pass The Whistle Blowers Protection Bill, 2011. The bill is now pending in the Rajya Sabha, the upper house.[66] At present there are no legal provisions to check graft in the private sector in India. Government has proposed amendments in existing acts and certain new bills for checking corruption in private sector. Big-ticket corruption is mainly witnessed in the operations of large commercial or corporate entities. In order to prevent bribery on supply side, it is proposed that key managerial personnels of companys’ and also the company shall be held liable for offering bribes to gain undue benefits. The Prevention of Money Laundering Act, 2002 provides that the properties of corrupt public servants shall be confiscated. However, the Government is considering incorporating provisions for confiscation or forfeiture of the property of corrupt public servant in the Prevention of Corruption Act, 1988 to make it more self-contained and comprehensive.[67] A committee headed by the Chairman of Central Board of Direct Taxes (CBDT), has been constituted to examine ways to strengthen laws to curb generation of black money in India, its illegal transfer abroad and its recovery. The Committee shall examine the existing legal and administrative framework to deal with the menace of generation of black money through illegal means including inter-alia the following: 1. Declaring wealth generated illegally as national asset; 2. Enacting/amending laws to confiscate and recover such assets; and 3. Providing for exemplary punishment against its perpetrators. (Source: 2013 EY report on Bribery & Corruption) In August 2013 The Companies Bill, 2012[68] neared passage. It will regulate fraud by corporations and is intended to avoid the accounting scandals such as the Satyam scandal which have plagued India.[69] It replaces The Companies Act, 1956 which has proven outmoded in terms of handling 21st century problems.[70] Anti-corruption police and courts The Directorate General of Income Tax Investigation, Central Vigilance Commission and Central Bureau of Investigation all deal with anti-corruption initiatives. Certain states such as Andhra Pradesh (Andhra Pradesh Anti-corruption Bureau) and Karnataka (Lokayukta) also have their own anti-corruption agencies and courts.[71][72] Andhra Pradeshs Anti Corruption Bureau (ACB) has launched a large scale investigation in the “cash-for-bail” scam.[73] CBI court judge Talluri Pattabhirama Rao was arrested on 19 June 2012 for taking a bribe to grant bail to former Karnataka Minister Gali Janardhan Reddy, who was allegedly amassing assets disproportionate to his known sources of income. Investigation revealed that India Cements – one of Indias largest cement – had been investing in Reddys businesses in return for government contracts.[74] A case has also been opened against seven other individuals under the Indian Penal Code and the Prevention of Corruption Act.[73] Civic anti-corruption organisations A variety of organisations have been created in India to actively fight against corrupt government and business practices. Notable organisations include: Bharat Swabhiman Trust established by well known Yog Guru Swami Ramdev running a large campaign against black money and corruption since last 10 years. 5th Pillar is most known for the creation of the zero rupee note, a valueless note designed to be given to corrupt officials when they request bribes. India Against Corruption is a movement created by a citizens from a variety of professions and statuses to work against corruption in India. It is currently headed by Anna Hazare.[75] Jaago Re! One Billion Votes is an organisation originally founded by Tata Tea and Janaagraha to increase youth voter registration.[76] They have since expanded their work to include other social issues, including corruption.[77] Association for Social Transparency, Rights and Action (ASTRA) is an NGO focused on grass-roots work to fight corruption in Karnataka. One organisation, the Lok Satta Movement, has transformed itself from a civil organisation to a full-fledged political party, the Lok Satta Party. The party has fielded candidates in Andhra Pradesh, Tamil Nadu, and Bangalore. In 2009, it obtained its first elected post, when Jayaprakash Narayan won the election for the Kukatpally Assembly Constituency in Andhra Pradesh.
Posted on: Wed, 30 Oct 2013 08:06:15 +0000
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