Corruption In India

Corruption in India From Wikipedia, the free encyclopedia Jump to: navigation, search Please help improve this article by expanding it. Further information might be found on the talk page. (April 2008)

Overview of the index of perception of corruption, 2007 As with many developing nations, corruption is widespread in India. India is ranked 85 out of a 179 countries in Transparency International's Corruption Perceptions Index, although its score has improved consistently from 2.7 in 2002 to 3.4 in 2008.[1] Corruption has taken the role of a pervasive aspect of Indian politics and bureaucracy.[2]

Extent of corruption in Indian states, as measured in a 2005 study by Transparency International India. (Darker regions are more corrupt)[3]

Contents [show]

[edit] History

The economy of India was under socialist-inspired policies for an entire generation from the 1950s until the 1980s. The economy was subject to extensive regulation, protectionism, and public ownership, leading to pervasive corruption and slow growth.[4][5][6][7] License Raj was often at the core of corruption. The Vohra Report was submitted by the former Indian Union Home Secretary, N.N. Vohra, in October 1993. It studied the problem of the criminalisation of politics and of the nexus among criminals, politicians and bureaucrats in India. The report contained several observations made by official agencies on the criminal network which was virtually running a parallel government. It also discussed criminal gangs who enjoyed the patronage of politicians, of all parties, and the protection of government functionaries. It revealed that political leaders had become the leaders of gangs. The were connected to the military. Over the years criminals had been elected to local bodies, State Assemblies and Parliament. The unpublished annexures to the Vohra Report were believed to contain highly explosive material. According to Jitendra Singh, "in the bad old days, particularly pre-1991, when the License Raj held sway, and by design, all kinds of free market mechanisms were hobbled or stymied, and corruption emerged almost as an illegitimate price mechanism, a shadowy quasi-market, such that scarce resources could still be allocated within the economy, and decisions could get made. [...] These were largely distortions created by the politico-economic regime. While a sea change has occurred in the years following 1991, some of the distorted cultural norms that took hold during the earlier period are slowly being repaired by the sheer forces of competition. The process will be long and slow, however. It will not change overnight."[8]

[edit] Corruption today [edit] Politics Main article: Indian political scandals Criminalization of Indian politics is a problem.[9][10] 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".[11] At state level, things are often worse. In Uttar Pradesh Assembly elections 2002, candidates with criminal records won the majority of seats.

[edit] Bureaucracy A 2005 study done by Transparency International (TI) in India found that more than 50% of the people had firsthand experience of paying bribe or peddling influence to get a job done in a public office.[3] Taxes and bribes are common between state borders; Transparency International estimates that truckers pay annually $5 billion in bribes.[12]. A 2009 survey of the leading economies of Asia, revealed Indian bureaucracy to be not just least efficient out of Singapore,

Hong Kong, Thailand, South Korea, Japan, Malaysia, Taiwan, Vietnam, China, Philippines and Indonesia; further it was also found that working with the India's civil servants was a "slow and painful" process. [13]. Officials often steal state property. In Bihar, more than 80% of the subsidized food aid to poor is stolen.[8] In cities and villages throughout India, Mafia Raj consisting of municipal and other government officials, elected politicians, judicial officers, real estate developers and law enforcement officials, acquire, develop and sell land in illegal ways.[14] Many state-funded construction activities in India, such as road building, are dominated by construction mafias, which are groupings of corrupt public works officials, materials suppliers, politicians and construction contractors.[15] Shoddy construction and material substitution (e.g. mixing sand in cement while submitting expenses for cement) result in roads and highways being dangerous, and sometimes simply washed away when India's heavy monsoon season arrives.[16] In Government Hospitals, corruption is associated with non availability of medicines (or duplicate medicines), getting admission, consultations with doctors and availing diagnostic services.[3]

[edit] Judiciary Corruption is rampant in the judicial system of India. 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".[17]

[edit] Police Despite state prohibitions against torture and custodial misconduct by the police, torture is widespread in police custody, which is a major reason behind deaths in custody.[18][19] The police often torture innocent people until a 'confession' is obtained to save influential and wealthy offenders.[20] G.P. Joshi, the programme coordinator of the Indian branch of the Commonwealth Human Rights Initiative in New Delhi comments that the main issue at hand concerning police violence is a lack of accountability of the police.[21]

[edit] Religious institutions In India, the corruption has also crept into religious institutions. Some members of the Church are making money by selling Baptism certificates.[22] A group of church leaders and activists has launched a campaign to combat the corruption within churches.[23] Among Indian Muslims, the recent "cash for fatwas scandal" was a major affair that exposed the Imams of the Islamic ulama accepting bribes for issuing random, often nonsensical fatwas [1]

[edit] Effects

The chief economic consequences of corruption are the loss to the exchequer, an unhealthy climate for investment and an increase in the cost of government-subsidised services. The TI India study estimates the monetary value of petty corruption in 11 basic services provided by the government, like education, healthcare, judiciary, police, etc., to be around Rs.21,068 crores.[3] India still ranks in the bottom quartile of developing nations in terms of the ease of doing business, and compared to China and other lower developed Asian nations, the average time taken to secure the clearances for a startup or to invoke bankruptcy is much greater.[24] According to Transparency International, Bihar is the most corrupt state in India.[3] The Economist magazine said in 2004 that "Bihar [had] become a byword for the worst of India, of widespread and inescapable poverty, of corrupt politicians indistinguishable from mafia-dons they patronise, caste-ridden social order that has retained the worst feudal cruelties".[25]

[edit] Anti-corruption efforts [edit] Right to information act Main article: Right to Information Act The Right to Information Act (2005) and equivalent acts in the states, that require government officials to furnish information requested by citizens or face punitive action, computerisation of services and various central and state government acts that established vigilance commissions have considerably reduced corruption or at least have opened up avenues to redress grievances.[3] [26] The 2006 report by Transparency International puts India at the 70th place and states that significant improvements were made by India in reducing corruption.[27][28] Department of Personnel and Administrative Reforms Secretariat NOTIFICATION /"'- No:DPAR:74RT/2005 (Part-2)Bangalore,dated:11thOcotober-2005 In exercise of the powers conferred by sub-section (1) and (2) of section 27 of the Right to InformationAct, 2005 (Central Act No 22 of 2005), the Government of Karnataka hereby makes the following rules, namely:1.Title and commencement.- (1) These rules may be called the Karnataka Right to Information Rules,2005. (2)They shall come into force with effect from the date of their publication in the official Gazette. 2.Definitions.- ln these rules, unless the context otherwise requires,- (i) "Act means the Right to Information Act, 2005 (Central Act 22 of 2005); (ii)" Section" means section of the Act. 3.Publication of certain other informations etc; under section 4.- (1) The information under section4(4) shall be easily accessible to the public. It shall be indicated on the notice board by the Public Information Officer where these particulars are available. Further the public authorities can adopt any of the methodsprovided under the Act for disseminatingthe information. (2)The information so disseminated shall also contain the details of phone number, fax number etc. of the State Public Information Officers and the Assistant State Public Information Officers of the office in question.

r-' 4. Fee.- (1) Any person desirous of obtaining information under sub-section (1) of section 6 of the Act.. shall make an application in Form-A or in any other format as far as possible containing the particulars specifiedunder the format to the State Public Information Officer or State Assistant Public Information Officer as the case may be along with an initial fee of Rs.10 with his application. Every officer receiving request under the Act shall give an acknowledgement. (2)(a) For providing information under subsection (1) of section 7, the fees for supplying the informationshall be charged at Rs.2/- for each page in ~espectof matters in A4 size paper. (b) For providing information under subsection (1) of section 7, in the case of Maps, Plans, Reports, a Partial record or any Technical data or Sample or Models, a reasonable fee shall be fixed by the State Public Information Officer in each case depending upon the cost of labour and material required to be employed. (c) As regards inspection of records and documents, no fee for the first hour. For every subsequent half an hour or fraction thereof, Rs.20/- shall be charged from persons making application with initial payment as prescribed under rule 4(1) above. For inspection of works a reasonable fee shall be fixed by the State Public Information Officer in each case depending upon the cost of labour and material required to be employedapart from initial fees as prescribed under rule 4(1). (3) For providing information under sub-section (5) of section 7, the fees for supplying information in Disketteor Floppyor C.D. or in any other Electronicmode shall be Rs.50/- " , II,II 2 (4) The fee shall be collected in the forlT1of Indian postal order or D.O. or Bankers Cheque or Pay order drawn in favour of the State Public Information Officer or in cash or by remitting it to the Treasury as per Karnatak~ FinancialCode (KFC). (5)A person claiming exemption under proviso to sub-section (5) of section 7 shall produce a valid certificate issued by the concerned authoritythat he/she belongs to the Below Poverty Line category. 5. Salary and allowances and conditions of service of officers and employees of the State Information Commission.- (1) The salary and allowances payable to the Officers and employees of State InformationCommission shall be on par with other State Government employees of equivalent rank. (2) The rules governing conditions of service and disciplinary matter of the State Government employees shall mutatis-mutandis apply to the employees of State Information Commission subject to modifications specified in schedule to these rules. (3) The method of recruitment shall be in accordance with the provisions under K.C.S. (General Recruitment) Rules, 1977 by Deputationof Government Servants of equivalent rank from any of the States Civil Services or Public sector undertakingsor by outsourcing:Provided that the outsourcing shall be restricted to posts of Cleaning, Housekeeping, Home Orderlies and Security Guards.

6. Appeal under sub-section (1) of section19.- (1) The Public Authority shall by notification specify the designationof the officer to whomthe appeals under sub-section (1) of section 19, shall lie. (2) Every such appeal shall be accompanied by a copy of the order, if any, appealed against, and it shall specify:- (i) the name and address of the applicant and the particulars regarding the State::>Public Information Officer appealed against . (ii) the date of receipt of order, if any, from the State Public Information Officer appealed against: (iii) the grounds of appeal: and (iv) the relief which the applicant claims. (3)The Appellate Authority under sub section (1) of section 19 shall fix a day for hearing of the appeal. On the date fixed for hearing the appeal or on further date to which, the appeal may be adjourned, the AppellateAuthority shall after hearing the parties pass such orders on the appeal as it deems fit. 7.Procedure in Appeals under sub -section (3) of section 19.- The provisions of rule 6 shall mutatis -mutandis applyto an appeal preferred under-section 19(3). . Schedule ~. J - o Authority Authority empowered to impose penalties and Class of Posts empowered penalties which he may impose Appellate Authority to Authority Penalties appoint 1 2 3 4 \ 5 Senior Stenos / Secretary of Secretary of the State (ii) to (iva) of Rule 8 of State Chief Information Stenos/Senior the State Information Commission KCS(CCA)Rules 1957 Commissioner Assistants/Assistants! Information Principal Secretary/Secretary I Junior Assistants! Commission to Government concerned / (v) to (viii)ofRule 8 of Chief Secretary to Drivers and any other Disciplinary Authority KCS(CCA)Rules 1957 Government! Appellate Group C posts Concerned in the Parent Authority Concerned in Dept / Chief Executive of the the Parent Dept / Board of respective Public Sectors the concerned Public Undertakings Sectors Undertakings Private Secretary of State Chief Information ' (ii) to (iva) of Government Secretary/Section the State Commissioner KCS(CCA)Rules 1957 Officers/Under Information Government! Disciplinary (v) to (viii) of Rule 8 of Governor/ Appellate Secretary Commission Authority Concerned In the KCS(CCA)Rules 1957 Authority Concerned in Parent Dept/ Chief Executive the Parent Dept/ Board of the respective Public the concerned Public Sectors Undertakings Sectors Undertakings Peons/Other Under Under Secretary to the (i) to (iva) of Secretary Information group D employees Secretary to Information Commission KCS(CCA)Rules 1957 Commission the Appointing Authority of the (v) to (viii) of Rule 8 of Concerned Appellate Information concerned parent department KCS(CCA)Rules 1957 Authority in parent Commission Department 3 Form A (section 6(1) and 7(1) of the RTI Act, 2005 1. Full Nameof the Applicant 2. Address 3. Details of the documenVlnspection/Samplesrequired 4. Year to which the above pertains 5. Designationand Address of the Public Information Officer from whom the Information is required Place: Date: Signature of the applicant K.R.BADIGER Under Secretaryto Government Departmentof Personneland Administrative Reforms (JanaspandanaCell) I , J'" II I By order and in the name of the Governor of Karnataka I , I I \ I II I

[edit] Computerization •

Bhoomi is a project jointly funded by the Government of India and the Government of Karnataka to digitize the paper land records and create a software mechanism to control changes to the land registry in Karnataka. The project was designed to eliminate the longstanding problem of inefficiency and corruption.

[edit] Whistleblowers

Whistleblowers play a major role in the fight against corruption (See the TI page here http://www.transparency.org/index.php/news_room/in_focus/2007/whistleblowers). India even today does not have a law to protect whistleblowers. However subsequent to the murder of whistleblower Sri Satyendra Dubey, Government of India after much pressure directed by an order making the Central Vigilance Commission to hear and protect whistleblowers. The latest Administrative Reforms Commission also has suggested to encourage whistleblowing and to protect whistleblowers. But this benefit is not available to whistleblowers working to any officer working under state governments. An ongoing effort can be seen here http://fightcorruption.wikidot.com . http://www.corruptioninindia.org is another "not for profit" website dedicated to increase awareness against corruption in India and contains comprehensive info of corruption in India.

[edit] References 1. ^ Believe it or not! India is becoming less corrupt. CNN-IBN. September 26, 2007. 2. ^ Corruption in India 3. ^ a b c d e f Centre for Media Studies (20/tii/ICS2k5_Vol1.pdf). India Corruption Study

2005: To Improve Governance Volume – I: Key Highlights. Transparency International India. 4. ^ Eugene M. Makar (2007). An American's Guide to Doing Business in India. 5. ^ "Economic survey of India 2007: Policy Brief". OECD. http://www.oecd.org/dataoecd/17/52/39452196.pdf. 6. ^ "The India Report". Astaire Research. http://www.ukibc.com/ukindia2/files/India60.pdf. 7. ^ "India’s Rising Growth Potential". Goldman Sachs. 2007. http://www.usindiafriendship.net/viewpoints1/Indias_Rising_Growth_Potential.pdf. 8. ^ a b "Will Growth Slow Corruption In India?". Forbes. http://www.forbes.com/2007/08/15/wipro-tata-corruption-ent-lawcx_kw_0814whartonindia.html. 9. ^ "A special report on India: The democracy tax is rising: Indian politics is becoming ever more labyrinthine". The Economist. Dec 11th 2008. http://www.economist.com/specialreports/displaystory.cfm?story_id=12749771. 10. ^ The criminalisation of Indian democracy (May 2, 2007). "Jo Johnson". Financial Times. http://www.ft.com/cms/s/21d0f5f8-f8c1-11db-a940-000b5df10621.html. Retrieved 2007-05-12. 11. ^ "With Indian Politics, the Bad Gets Worse". Washington Times. 2008. http://www.washingtonpost.com/wpdyn/content/article/2008/07/23/AR2008072303390.html. 12. ^ India: Where Shipping Is Shaky. Businessweek 13. ^ Indian bureaucracy ranked worst in Asia: Survey The Times of India, Jun 3, 2009. 14. ^ K.R. Gupta and J.R. Gupta, "Indian Economy, Vol# 2", Atlantic Publishers & Distributors, 2008, ISBN 8126909269. Snippet: ... the land market already stands subverted and an active land mafia has already been created ... 15. ^ "Mulayam Hits Mafia Hard". India Today. 2006-10-16. http://archives.digitaltoday.in/indiatoday/20061016/state-up.html. Retrieved 2008-10-30. Snippet: ... The road sector has always been the main source of income for the mafia.

They either ask their men directly to grab the contracts or allow an outsider to take the contract after accepting a hefty commission ... a large number of criminals have been grabbing contracts under the protective umbrella of parties like SP, BSP, BJP, as well as the Congress ... opportunity to refurbish the image of his Government by initiating a crackdown on the mafia-contractor-engineer nexus ... 16. ^ "Killer roads in India and rethinking the death penalty". liveMint.com, The Wall Street Journal. 2008-09-01. http://blogs.livemint.com/blogs/romanticrealist/archive/2008/09/01/killer-roads-in-indiaand-rethinking-the-death-penalty.aspx. Retrieved 2008-10-30. Snippet: ... this year's rains have destroyed 581 roads in the state with 139 road accidents killing 373 people through 10 August ... they spoke about a road building contractor mafia that pretty much has a lock on many projects for redoing roads--apparently year after year ... 17. ^ Praful Bidwai. "INDIA: Legal System in the Dock". http://ipsnews.net/news.asp? idnews=37972. 18. ^ Torture main reason of death in police custody The Tribune 19. ^ Custodial deaths in West Bengal and India's refusal to ratify the Convention against Torture Asian Human Rights Commission 26 February, 2004 20. ^ Custodial deaths and torture in India Asian Legal Resource Centre 21. ^ Police Accountability in India: Policing Contaminated by Politics 22. ^ Are even the Priests taking to corruption? 23. ^ Indian Campaign Against Church Corruption 24. ^ "Economic Survey 2004–2005". http://indiabudget.nic.in/es2004-05/esmain.htm. 25. ^ "Bihar a byword for worst of India: The Economist". http://www.expressindia.com/news/fullstory.php?newsid=28789. 26. ^ Example of a central government department's implementation of the Right to Information Act. 27. ^ Transparency International Press release 28. ^ Transparency International Press release

[edit] Further reading • • • • • •

Kohli, Suresh (1975), Corruption in India: The Growing Evil, ISBN 0861865804. Dwivedy, Surendranath & G. S. Bhargava (1967), Political Corruption in India. Gupta, K. N. (2001), Corruption in India, Anmol Publications Pvt Ltd, ISBN 8126109734. Halayya, M. (1985), Corruption in India, Affiliated East-West Press. Guhan, Sanjivi & Samuel Paul (1997), Corruption in India: Agenda for Action, Vision Books. Vittal, N. (2003), Corruption in India: The Roadblock to National Prosperity, Academic Foundation, ISBN 8171882870. Excepts