~ Anubhooti Shaw
"Honesty stands at the gate and knocks, and bribery enters in."
~ Barnabe Rich
INTRODUCTION
Since India is the largest democracy on the planet, therefore it is considered that it should act like one. The leniency and powers in wrong hands results in evils like corruption, crimes and the urge of having more powers. Corruption by topping the list has several shapes and sizes all over the subcontinent. Bribery is one such item in the agenda which is not only performed by the governmental officials but also the citizens who also shouldn't be using this evil as a weapon. Therefore, Bribery according to the Cambridge dictionary means, "an attempt to make someone do something for you by giving the person money, presents, or something else that they want."
This slow and bureaucratic process eats up the system and government from inside thereby resulting in a hollow representation of economic and political structure.
CAUSES AND CONSEQUENCES OF BRIBERY
Bribery is mostly attempted in relation to thrive in public services without knowledge and experience on the balance of monetary transaction. This status is achieved by pulling out strings of relationships (formal or informal).
Thus, some of the causes are listed below:
● Lack of effective management and organization
● Lack of economic stability
● Lack of decent remuneration
● Lack of Stick and Fast Punishments
● Lack of Transparency in Deals and Affairs
● Lack of Effective Leadership in India
On the other side of the coin, the consequences can be so disruptive that the economy never sees the light as a developed nation. These consequences are listed below:
● Rise in Unemployment
● Rise in Hunger and poverty
● Loss of Indian Economy Wealth
● Fall in growth of Indian Economy
● Power and Authority in Wrong hands
● Brain Drain
REGULATIONS AND LEGISLATIONS
The report is based upon the survey which was conducted between June 17 and July 17 2020 in India with a sample size of 2,000.
"With the highest bribery rate (39 per cent) in the region, India also has the highest rate of people using personal connections to access public services (46 per cent)," the report said.[1]
"Both national and state governments need to streamline administrative processes for public services, implement preventative measures to combat bribery and nepotism, and invest in user-friendly online platforms to deliver essential public services quickly and effectively," the report said.
The laws which cover corruption as a whole and not only bribery are:
● Indian Penal Code, 1860
● Prevention of Corruption Act, 1988
● Prevention of Money Laundering Act, 2002
● Right to Information Act, 2005
● Central Vigilance Commission Act, 2003
● Whistleblowers Protection Act, 2011
The most important of all is the Prevention of Corruption Act, 1988 where:
● Under Section 2 of the Act, a public servant is defined as any person in service or remunerated by the government, any person remunerated by entities established by the government, any Judge, officials of the Court, any official of a registered co-operative society, VC, professors and officials of university, etc.
● Under Section 7 of this Act, if a public servant accepts or agrees to accept any gratification other than legal remuneration as a reward for showing a favour or disfavour to any person shall be liable under this Act for imprisonment up to 3 years which may extend up to 7 years and fine.
● Under Section 11 of the Act, if a public servant accepts a valuable thing without paying for it or paying inadequately from a person with whom he is involved in a business transaction in his official capacity, he shall be penalized with a minimum imprisonment of six months and a maximum imprisonment of five years and fine·
● Under Section 13 of the Act, a public servant will be liable for criminal misconduct if he habitually accepts or agrees to accept any gratification other than his legal remuneration or dishonestly misappropriated any property entrusted to him as a public servant or abuses his position as a public servant will be liable for criminal misconduct and shall be punished with imprisonment for not less than four years which may extend up to 10 years and shall also be liable to pay fine.
● Under Section 19 of the Act, the previous sanction of the concerned government department is necessary to prosecute a person for the offenses committed by him.
● Special Judges are appointed by the Centre and state to try cases related to corruption. Such judges can also take complaints from private individuals about public officials demanding the bribe.
CONCLUSION
With all the negatives about India and its regulations, one of the most important and biggest steps to curb out bribery coupled with corruption was the demonization of the Rs. 500 and Rs. 1000 currency. With “Jan Dhanyojana” & “Direct Benefit Transfer” schemes, bank accounts of millions of people were opened so that they can get subsidies and benefits directly into their account. This ensures transparency and security of money without the distraction of any amount of money to elsewhere.
According to a survey[2], 38% of land and property deals in India involve bribes, 62% of law enforcement officers take bribes, INR 222 crore is paid by truck drivers every year to police, forest officials, excise officials, etc. A study showed that 60% of people having a driving license have never appeared for a driving test. The monetary value of petty corruption in 11 services of the Govt. like education, healthcare, judiciary, etc. amounts to INR 3,19,72,50,00,000 annually.
The problem arises when both the parties commit some abnormal activity which is definitely not in the good books for building a country. Therefore, these shameful statistics should be always kept in mind before venturing into the deep hole of the act of bribery. This not only affects the citizens but also blows back as a huge drawback on the economy as well. The change should always start at the grass root level so that it inspires and motivates others. The first step to any kind of change starts from mentality. As and when the practical mentality acts as it should in a society then all these will surely find a way of our lives and society as well.
REFERENCES
● Indian Penal Code, 1860
● Prevention of Corruption Act, 1988
● Prevention of Money Laundering Act, 2002
● Right to Information Act, 2005
● Central Vigilance Commission Act, 2003
● Whistleblowers Protection Act, 2011
● https://www.civilserviceindia.com/subject/Essay/corruption-in-india1.html
● https://www.globallegalinsights.com/practice-areas/bribery-and-corruption-laws-and-regulations/india
● https://www.careeranna.com/articles/corruption-in-india/
● https://www.indiatoday.in/magazine/cover-story/story/20130722-bribery-in-india-bribe-republic-anti-corruption-bureau-764718-2013-07-12
● https://thelawreviews.co.uk/title/the-anti-bribery-and-anti-corruption-review/india
ENDNOTES [1]https://www.google.com/amp/s/m.economictimes.com/news/politics-and-nation/with-a-bribery-rate-of-39-india-worst-in-asia-survey/amp_articleshow/79421493.cms [2] https://www.scoopwhoop.com/india-most-corrupt-country-in-asia-statistics/#.lglh1scii