Sunday, September 13, 2009

New measures to combat cancer of corruption

Sunday, September 13, 2009
Shri M. Veerapaa Moily addresses the National Seminar on ‘Fighting Crime Related to Corruption’
Reforms to Curb Corruption:
1. The scope of Prevention of Corruption Act should be widened to include:
  • Gross perversion of the Constitution and democratic institutions amounting to willful violation of the oath of office.
  • Abuse of authority by unduly favoring or harming someone
  • Obstruction of justice
  • Squandering public money
  • Collusive bribery
    2. The Corrupt Public servants (Forfeiture of Property) Bill as suggested by the Law Commission should be enacted without further delay.
    4. Steps should be taken for immediate implementation of the Benami Transactions (Prohibition) Act 1988.
    5. There should be statutory protection for whistleblowers and victim protection.
    6. A multi-member Lok Pal at the national level and Lok Ayuktas at the State level should be set up under the Constitution.
    7. False Claims Act should be enacted.
    8. Article 311 of the Constitution may be repealed along with the Article 310 and legislation should be passed under Article 309 to provide for the terms and conditions of service of public servants including necessary protection against arbitrary action.
    9. Prior sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or found in possession of assets disproportionate to known sources of income.

    The focus should be on e-governance and systematic change. An honest system of governance will displace dishonest persons. As Gladstone so aptly said, “The purpose of a government is to make it easy for people to do good and difficult to do evil”.

    We always find alibi for our lapses by quoting trespass from other democratic institutions, by resorting to a blame game. The executive/ civil services blame interference by the political executive or legislatures and vice-versa; legislators blame the judiciary and vice-versa- the main problem lies in each one leaving the space for the others to occupy. If any one of the democratic institution leaves space, the mafia or extra- constitutional authority occupies that space. Realization of its own authority and discharging its sphere of responsibility, developing accountability and responsiveness are the real solutions to the conflicting situations of eroding democratic polity.

    I would like to quote here an ancient subhashit (good message): “Rivers do not drink their waters themselves, nor do trees eat their fruit, nor do the clouds eat the grains raised by them. The wealth of the noble is used solely for the benefit of the others”.

    I will await the recommendations of this National Seminar, I promise to extend all help and cooperation from my Ministry for the implementation of the recommendations. Our Government is committed to strengthening the Criminal Justice System. I once again congratulate Director, Central Bureau of Investigation and Director, NICFS for organizing this conference, which has provided a platform for exchange of ideas between investigators, prosecutors and judiciary.”
    National Seminar on ‘Fighting Crime Related to Corruption’
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