Opinion | India needs an effective ecosystem to become an oil-free nation, the sooner the better

Large-scale illegal constructions over sewers and coaching centres running student libraries in their basements – all this would not have been possible if certain government agencies had not turned a blind eye. It came to everyone’s attention only when three young civil servants drowned in stagnant rainwater.

Focus your attention on a bridge or an international airport roof that collapsed shortly after construction. Is the lack of quality control in contracts possible if no bribes were paid? Subject to the findings of an investigation, it is everyone’s business to conclude that reckless corruption is at the root of it all. News and images of such incidents project a decadent image of governance.

Criminals will only refrain from committing a crime if there is a high probability of being caught. The cost of committing a crime must be higher than the economic gain it brings. In this context, let us see whether a comprehensive and robust anti-corruption framework has been put in place to effectively tackle the menace.

Indians rightly deserve to live a life of dignity, justice and security. Corruption undermines trust, weakens democracy, hampers economic development and further exacerbates inequality and poverty. Large-scale theft of natural resources or massive financial scams that ruin the lives of millions cannot happen without an unholy nexus of officials and criminals.

As a result, corruption and transnational organized crime were recognized by the United Nations at the beginning of the century as two global challenges. Two major treaties – the UN Convention against Transnational Organized Crime (UNTOC) and the UN Convention against Corruption (UNCAC) – were adopted in quick succession.

India ratified the UNCAC in 2011. The treaty urges signatories to amend their domestic laws to criminalize the giving and accepting of bribes, abuse of office by public officials, bribery of foreign public officials and bribery in the private sector.

In order to give effect to the provisions of the international treaty regarding the establishment of statutory institutions, the office of the Lokpal was established in January 2014 through the Lokpal and Lokayuktas Act. The Union Lokpal has been given the power and authority to investigate and prosecute public servants, including the Prime Minister and Union Ministers, on allegations of corruption. However, the high office of the Ombudsman is relatively new and is yet to develop into a formidable institution.

2018 POCA amendment watered down ‘abuse of power by public servant’

The mainstay of the anti-corruption legal framework in India is the Prevention of Corruption Act (POCA), 1988. The same was also amended in July 2018. The amendment also made giving bribes a separate offence. However, abuse of office by a public servant, a criminal act under Article 19 of the UNCAC and also a serious offence defined under Section 13(1)(d) of POCA, has been watered down.

In the amended law, the offence of abuse of official position has become a variant of the offence of bribing a public official. A lighter penalty has been prescribed for this offence. At the same time, it has been made mandatory for a police officer to obtain prior approval from the relevant government or appointing authority before initiating an investigation or inquiry against a public official, when the accusation relates to a decision taken in the exercise of official functions.

Allowing business activities in residential areas, fraudulently issuing fire safety certificates, drafting tender documents to suit a particular bidder, approving substandard construction and use of inferior building materials, allowing reckless commercial activities in environment-sensitive zones — all such acts or omissions are cases of misconduct by abuse of official position. Except for cases conducted by the Lokpal or by Constitutional Courts where no additional approval is required, in all other such complaints it becomes a difficult task to get prior approval to proceed against a public servant and also puts the accused under caution.

According to a 2023 report, the CBI — the agency that investigates corruption cases against central government employees, central bank and public sector employees — is unable to do so in as many as 10 states. These states have withdrawn their blanket consent to the CBI using Section 6 of another colonial law — the Delhi Special Police Establishment (DSPE) Act, 1946. Since state anti-corruption and vigilance agencies in most states lack the resources to keep a watch on officials involved in the Centre’s affairs, the corrupt elements have a field day in these areas.

Can technology alone fight corruption?

Large-scale leakage of government funds has been checked using technology in the public distribution system and direct bank transfer of subsidies to individual beneficiaries. However, fraudsters are coming up with new ways to circumvent the system. For instance, the Comptroller and Auditor General (CAG) in his performance audit report of Ayushman Bharat-PMJAY, tabled in Parliament in 2023, noted that a total of 7.5 lakh beneficiaries were linked to just a few mobile phone numbers in the scheme’s Beneficiary Identification System (BIS). Therefore, using technology to combat corruption has its own limitations and stringent punitive measures play a major role.

As a prominent global exporter of goods and services, India cannot afford to lag behind by not enacting a law that criminalizes bribery of foreign public officials as there is a significant reputational risk. Such a law will assure potential investors that Indian companies are doing business ethically and the enforcement mechanism will detect and prosecute such cases of bribery of foreign public officials. However, a bill that was introduced in Parliament lapsed with the dissolution of the 15th Lok Sabha. Similarly, the Whistle Blowers Protection Act was notified on May 12, 2014 to protect those who report cases of corruption – also a part of the UNCAC commitment. But it was shelved for amendment to provide safeguards against disclosures that affect the integrity and security of the state. The law is also needed to address the issue of bribery in the private sector.

The global average of Corruption Perception Index (CPI) is 43 out of 100. India scored between 39 and 41 during 2018-2023, as reported by Transparency International. Corruption-free countries such as New Zealand (3) and Singapore (5) continue to score high. India scored an average of 33.64 points from 1995 to 2023. These poor scores reflect, among other things, that the changes in POCA have not yielded the desired results. More effective implementation of anti-corruption agendas by elected officials, along with a fearless and organized civil society and a free press, will certainly create an ecosystem that places India in the league of fair and dirty countries. The sooner, the better.

(The writer is senior IPS officer P Srivastava, who previously held a top position in the CBI and currently heads the Special Task Force in Madhya Pradesh. The views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect the views of News18)