combating_corruption_2_(frontline).docx

7/27/2019 combating_corruption_2_(Frontline).docx

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COLUMN

Combating corruption

R.K. RAGHAVAN

Corruption in public life is a menace that can be checked only

by radically changing the whole process of governance

whereby public servants have little discretion in discharging alawful service.

THE reaction in many circles to Prime Minister Manmohan Singh's

cryptic remarks recently in Bangalore about the need to tackle

corruption in public life could be one of cynicism. It could be evenderision in a few others. Like the proverbial statement regarding the

weather - something that every body talks about, and there is little

that one can do about it - there is an all-round sense of resignation

in the country that is very much of a tragedy. Knowing the man aswe do, however, it will be unfair to dismiss the Prime Minister's

statement as one solely meant for the gallery. His anguish over thecurrent abominable levels of corruption in the country seems utterlygenuine. He himself has had to accommodate in his government

persons whose reputation is unsavoury, to put it mildly, only in

order that the country is not thrown into political instability.

This was not the first time since assuming office that the Prime

Minister was giving expression to his disgust over lack of probity inmany walks of life. What is of interest to many of us who are sick

from the evil is whether there is going to be a serious political or

administrative follow-up of his frequently expressed resolve to step

in and stem the rot. Is he likely to get any support at all from hiscolleagues in the United Progressive Alliance (UPA) government?

If one may consider the track record of some who hold positions ofimportance, it will be futile to expect any dramatic fall-out from

Manmohan Singh's public declaration. Actually, a few of them may

react adversely to the idea of making government transactions moretransparent. They may not also take kindly to any steps to intensify


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the drive against corrupt elements in government and outside it.

Moves of such a kind from the Prime Minister are undoubtedly

likely to be looked upon with suspicion, as politically motivated.This is why major reforms elude public administration in our

country. But the positive side to any possible new exercise which

Manmohan Singh may initiate is the fact that many of his aides aremen of impeccable character and integrity. This is what gives hopesto some of us who are vexed with the current scene. The recent

decision to seek the help of a group of distinguished former civil

servants in preparing the panel for empanelment for Secretary-levelobs is a signal that the Prime Minister means business. In the past,

a few men with a questionable past had managed to sneak into these

vital positions, and the present decision would make such an

infiltration almost impossible. This is how a real anti-graft strategycan take off.

The damage that has been done to India's reputation by thepernicious evil of public servant corruption can hardly be

exaggerated. It can affect decisions by foreign investors at a timewhen the cap on such investments is being relaxed and we need asmany entrepreneurial giants to come into our country to invest in a

big way.

I now travel extensively. It is gratifying that, unlike a decade ago,

India is now discussed with great respect in many public forums

and private conversation. There is visible admiration for oureconomic liberalisation policies and our Information Technology

(IT) might. Our political stability and a strong belief in democratic

values are equally commended by many. Against this backdrop also

comes depressing issues of probity in public life that put us on thedefensive.

A number of Indians meet me, wherever I go, to get to know what

is happening on various fronts back home. Many are students who

look forward to upgrading their skills and returning to serve their

country. Their sense of pride in the motherland is unmistakable,something that warms me beyond description. But one thing that

bothers these extremely talented young men and women badly is

the prevailing ambience of corruption in politics and administration.

They ask questions of me that are not merely embarrassing, but arepainful to the core. They specifically query me on former Indian

Institute of Technology (IIT) graduate and engineer with the

National Highway Authority, Satyendra Dubey of Bihar, who manypeople strongly believe was the victim of the mafia that rules large

public sector projects, where huge sums of money are spent with

minimum accountability. If you want to be honest in your responses


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to these young Indians living outside, you cannot but tell them that,

even six decades after Independence, you will still have to pay a fee

under the table in almost all our government offices, for a service towhich you are entitled as a citizen. In many States you cannot get a

case registered or investigated by the police if your house is

burgled, without greasing the palm of the Station House Officer.You cannot similarly get a building plan approved in thestraightforward manner, even if it conforms to all prescribed

regulations. Also, driving licences can be obtained for a price, even

if you are a novice at the wheel and cannot find time to submityourself to a driving test.

The picture that I have drawn is horrendous but real. What intriguesme always, why is it that the common man in India has put up with

this nonsense so long and has not revolted? Is this linked to an

unflinching faith in karma, or is it a reflection simply of supreme

indifference? Why has not a mass movement that vows toexterminate the evil taken off? Individuals like Anna Hazare have

not made any difference nationally. Such people have beenruthlessly neutralised by those who have a high stake in thecontinuance of the present state of affairs. I strongly believe that

only a well-orchestrated campaign at the national level can make a

difference, albeit marginally, over the next few decades. Is there aprospect of such an exercise taking off in the near future?

Realistically speaking, I don't see any. Then, what do we, as

responsible citizens, do to bring about at least minimal changes that

could make life less oppressive for our children and grandchildrenin dealing with government?

I cease to believe that deterrence in the form of more stringent lawscan do the miracle. We brought in a new law, the Prevention of

Corruption Act, in 1988 to replace the 1947 Act. We went as far as

to amend a crucial section of the previous legislation andintroduced a provision [Section 13(1) (d) (iii)] whereby the loss

caused to government and the gain obtained for an individual by a

public servant is punishable, even where he did not make anymonetary gain for himself, as long as the impugned act of the public

servant was "without public interest".

This was considered draconian and a violation of the basic tenets ofthe English jurisprudence. This was a bold step that has been

negated, with some courts taking the view that this was no

corruption at all, and that any loss caused by a public servant had tobe necessarily accompanied by evidence that he also profited by it.

This is unfortunate. Searches of the homes and offices of all-India

service officers yielding a hoard of liquid cash and wide media


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publicity to them have also not made any difference to the ultimate

outcome of investigations.

They have neither proved a deterrent nor enhanced the existing

levels of integrity. There is a deplorable feeling among some senior

officials, that if they steeled themselves to weather the temporarystorm of an investigation and an arrest, they could ultimately get

away with the loot. One may agree that this is definitely not a

reflection of the quality of police investigation alone. It actuallyraises important questions that revolve round the fundamental

assumptions of the criminal justice system.

IN my view, tinkering with the current law on graft and improving

the quality of investigation by the Central Bureau of Investigation

(CBI) and State Anti-Corruption Bureaus alone are not going to

make any difference. We need a radical change of the whole

process of governance, whereby public servants have little or nodiscretion when a citizen approaches them for a lawful service.

For instance, the issue of a birth certificate should be mandatory

once an applicant produces proof of birth of a child in the form of a

simple document from the hospital where the child was born. Incases where the birth was at a place other than a hospital, an

affidavit before the Registrar, supported by the statements of two

local witnesses to the birth, should be sufficient. Any complaint of a

demand for additional documents should be dealt with seriously bysupervisory officers. A prominent notice in the regional language

stuck on the wall at such offices, specifying the prescribed fee andappealing against paying anything extra, can help to an extent. Thisis in fact being done in many offices, thanks to the initiative of the

Central Vigilance Commissioner (CVC). Availability on-line of

prescribed application forms has helped in a few States to cut downcorruption in the issue of such forms. But this is of limited utility in

a country where computer penetration is still very low.

The Prime Minister has referred to the need to introduce state

funding of elections. This has been debated for ages without any

conclusion. Political parties are naturally not very enthusiastic. We

have fortunately, however, come far from the days when captains ofindustry were literally intimidated into giving `donations' under the

table. We now have a more transparent process in place that is

operating reasonably well. I do not, however, think that state

funding is the answer, because the cap on election expenses remainsonly on paper.

Many political parties have got to know how to circumvent it. What


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is required is to build a consensus among parties, that campaigning

will be without frills and will be confined to appeals over the

television and radio. This is most practical in view of thephenomenal expansion in satellite television and terrestrial

broadcasts by the state-run Doordarshan. If the objective is to cut

down on campaign expenditure and, therefore, corruption arisingfrom ceaseless fund-raising, this is the only way to go about it. Theperceptible decline in attendance at political rallies all over the

country in the past few years should serve as a signal to parties that

their message is more effectively transmitted through the visualmedia than by face-to-face appeal. This has an added advantage in

that important functionaries like the Prime Minister, Chief

Ministers and other public figures do not have to expose themselves

to physical risks, at a time when political vendetta and Leftextremist violence have not shown signs of abating.

What we now lack is a serious attempt to raise a new generation ofcitizens who will just not pay bribes whatever be the pressures of an

occasion. How do we bring about a change in the mind-set? As insports, we will have to catch our future citizens young, before theybecome reconciled to corruption. Schools and colleges will have to

play a major role. The message against corruption should find a

place in the curriculum. I can already hear some of my readerssniggering at my suggestion. They should remember that in the life

of a nation, such incremental measures alone pave the way for

major attitudinal changes. If we do not act now, we will go down in

history as one of those nations that failed, only because it did notcare for enduring values.

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