news details |
|
|
| Provisions to curb corruption-Tools for the people | | | Mahadeep Singh Jamwal
The corruption takes
many forms, but al
ways involves the abuse of entrusted powers for private gains. Everyone censures corruption at a societal stage but that does not mean that everyone had escaped from the infection of corruption. It is term known to all of us precisely meaning an illegal, immoral or unauthorized act done in due course of employment. Literally it means, 'inducement by improper means to violate duty. Corruption is the root cause of all problems that a country faces. Corruption is not limited to administration. It is very much prevalent even in legislation and judiciary. Broadly speaking Corruption today has become fashion of the day. In a corrupt environment, wealth is captured; income inequality increases and States governing capacity is reduced. Most suffered is the educated and intelligent future of our Nation, as it is divesting them from their futuristic options, for better jobs and their talent is snatched by corruption mystification, that may be in employment sector, in competitions, in securing Medical and Engineering seats etc. It reduces economic growth rate and increases poverty. It also plays a great role in allocation of funds in budgetary provisions, diverting funds away from less lucrative sectors to high kickback area.
There are many myths about corruption, which have to be exploded, if we really want to combat it. We have to focus on law, procedure and administration and simultaneously on law enforcing agencies also. The laws should be so perfect, that law enforcing agencies should get, no choice to escape or track a wrong path or discriminate. Laws should not be such that they leave too much scope for discretion.
What above all this does not mean that various governments have allowed growing this Virus of corruption unchecked. Various laws and agencies are in place to tackle this Virus infecting every sphere of the society. Many Non Governmental Organizations are also on forefront, playing a great role of check, expose and aware, in this Great War against corruption. At the international level 'Transparency International' is a Global Civil Society Organization leading the fight against corruption. It publishes report every year, based on approximately 200 countries prone to corruption, placing these countries in the order of their Corruption Perception Index. India is not at a satisfactory placement in order of the list; it was ranking at S. No 74 among list of 180 countries in the year 2008, it ranked 94 out of 177 countries in 2013 and it has slightly come down to S. No 85 position in 175 countries in 2014. Transparency International India while releasing its Corruption Perception Index-2014 at New Delhi on 3 December 2014 demanded;
n An early appointment of Lokpal.
n Stringent Law to deal with corruption in private sector.
n Compulsory audit of accounts of political parties.
n Electoral reforms to prevent tainted politicians from contesting elections and holding the position of power.
n Enactment of legislation for forfeiture of illegally acquired property.
n Speedy trial of criminal cases against Ministers, MP's and MLA's.
n Passage of Benami Transaction (Prohibition) Bill to check black money in India.
What we do not find any advancement of government to consider these stringent measures, recommended by 'Transparency International India'.
Our State has attracted an alarming position in corruption, which is a matter of concern for the State rulers, Government Functionaries, and by common people. A joint and sincere approach to tackle this problem is required in a coordinated manner as mere registration of cases under prevention of corruption laws, initiating enquiries, setting up commissions are not sufficient measures. The present available soothing provisions are;
State Vigilance Organization: The offences of corruption and bribery against government employees, were initially covered only, under the provisions of RPC, 1989 Bikrami (1932 AD) up to 1949 A.D. cases registered and investigated by local police.
After the enactment of J&K Prevention of Corruption Act, 2006 Bikrami (1949 A.D.) a separate wing called 'Anti Corruption Wing' was formed in the State Crime Branch for investigation of corruption cases. However, in 1962 a separate organization called 'Anti Corruption Organization' was created to investigate all corruption cases. Various laws were enacted to deal effectively with the menace of corruption. Prevention of Corruption Laws (Amendment) Act, 1983 A.D: by virtue of which, 'Anti Corruption Organization' was renamed as 'State Vigilance Organization'. To streamline the investigations, two Police Stations were established in Jammu and another in Srinagar. The organizational set up was of very high standard as to be managed by the Director of Vigilance assisted by the officers of the rank of Inspector General, Deputy Inspector General, Director Prosecution and down below officers. Special Courts were also established in Jammu and Srinagar to try the Corruption cases. The organizational set up has been brought on broad spectrum with setting up of Special Courts in every District, enlarging the supervision level to the District Level.
The various methods of dealing the corruption complaints and cases with the Organization are spread over to Secret Verifications, Preliminary Verifications and registration of cases. The State Vigilance Organization is also facilitated by way of providing experts from engineering, forest, revenue and accounts.
But surprisingly such a structural Organizational setup is under continuous attack by the courts and people, owing to the poor investigation, almost zero conviction, unnecessary delay in completion of Investigations and as such facilitating the corrupt fraternity to enjoy their service till last day. A serious postmortem is required to find out the reasons for high level failure of such an organization, containing very high positioned police officers, battery of prosecution assistance and expertise from all the departments, in combating the menace of corruption. A serious thought is required whether the organization swallowing a huge exchequer of Tax payers is contributing to the expected level in managing the corrupt practices affecting the development of the State.
The concept of Preventive Vigilance; was given push start vide issuance of a Circular GAD-12 0f 2003 dated 26.05.2003, by the State Government, with the concept of 'Departmental Vigilance Officers' and 'Joint Surprise Check' introduced and Verification through 'Departmental Vigilance Officers'.
J&K Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983 A.D. By virtue of this act, the elected representatives of various Public Bodies, MLA's and Ministers were brought under the purview of Corruption Laws and filling of Annual Property Returns was made mandatory for all Public Servants and Public Men and failure to comply the provisions of the Act were made an offence punishable under P.C. Act 2006 Bikrami (1949 A.D.).
The State Accountability Commission Act, 2002: an act to provide for the establishment of the institution of Accountability Commission to inquire into grievances and allegations against Public Functionaries and for matters connected there to. The allegations in relation to a 'Public Functionary includes any affirmation that such public functionary in his capacity as such:- is guilty of corruption, favoritism, nepotism or lack of integrity; was actuated in the discharge of his functions by personal interest or improper or corrupt motive; has abused or misused his position to obtain any gain or favor to himself or to any other person; any person on his behalf is in possession or has at any time, during the period of his office been in possession, for which the public functionary cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. In pursuance of this Act State Accountability Commission has been set up by the State Government. The government has decided to implement the recommendation of Second Administrative Reforms Commissions Report on 'Ethics in Governance' set up by Government of India. The recommendations of the Commission are that Jurisdiction of Accountability Commission be restricted to investigate the cases of corruption against Ministers and Members of Legislature only. For the purpose, the Jammu and Kashmir Accountability Commission Act has been amended to restrict its operation mainly to casa of corruption by political executives like Chief Minister, the Presiding Officers of the State Legislatures, Ministers, Advisors including Advisors to Chief Minister, The members of State Legislature and persons holding the status of a Minister. The State Accountability Commission after remaining defunct for two yea has been revived with the appointment of Justice (retd.) Bashir Ahmed Khan as chairperson and Justice (retd.) JP Singh and Justice (retd.) B A Kirmani, as members of the Jammu and Kashmir Accountability Commission.
The Jammu and Kashmir Right To Information Act, 2009: An act to provide for setting out the regime of right to information for the people of the State to secure access to information under the control of Public Authorities. The Information under the Act means any material in any form including records, documents, memos, e-mail, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force. Certain riders have been imposed regarding providing of information. To furnish the information officers stand designated as Public Information Officers in every administrative units or offices. Section 6 of the Act empower one to ask for information by paying certain fees prescribed under The Jammu and Kashmir Right To Information Act, 2009. The public information officer is bound u/s 7 of the Act to furnish the asked information within a period of thirty days or to inform the information seeker accordingly. The appealing provision and penalty provisions provide teeth to the Act.
Jammu and Kashmir Right To Information Rules, 2012; Under these rules , a person seeking information u/s 6 (1) of The Jammu and Kashmir Right To Information Act, 2009, has to pay a fees of rupees ten by way of cash against proper receipt or demand draft or bankers Cheque or Indian Postal Order payable to the AO of the Public Authority, while furnishing request for information and subsequently fees for obtaining the information, to be decided by PIO as per volume of the information is to be paid in the same manner.
The Jammu and Kashmir Public Services Guarantee Act, 2011: An act to provide for the delivery of public services to the people of the State within the specified time. The Act provides right including to:-
n Have access to the public services;
n Receive public services within the specified time limit;
n Receive public services in a transparent manner;
The providing of services in a specified time limit is a great step towards eradication of corruption and wastage of time by service seekers.
The Act also provides appeal provisions and penalty provisions for not providing services in time notified by the government for every service.
The Jammu and Kashmir Public Services Guarantee Rules, 2011: The rules framed under The Jammu and Kashmir Public Services Guarantee Act, 2011 in exercise of powers conferred by section 17 of the Act provides the issuance of acknowledge to the applicant and exemption of any sort of fees for the services sought.
The Jammu and Kashmir State Vigilance Commission Act, 2011; The Act provides constitution of a commission to function and have powers to;
n Exercise superintendence over the functioning of the Vigilance Organization in so as it relates to the investigation of offences under PC Act 2006.
n Give directions to Vigilance Organization for the purpose of discharging the responsibility entrusted to it under PC Act 2006.
n Inquire and cause an enquiry or investigation to be made by the government with reference to commission of offence under PC Act.
n To review the progress of investigations and review the progress of applications pending with the competent authority for sanction of prosecution etc.
When we explore about the effect of all these tools available with both Government and the Public, we can easily come to the conclusion that at Government level the agencies responsible for prevention, detection and combating the corruption, somehow are failure and peoples sufferings have not come down to the level as to appreciate the working of these organization/agencies.
The tools available with the public in the shape of The Jammu and Kashmir Right To Information Act, 2009 and the Jammu and Kashmir Public Services Guarantee Act, 2011 are not in full domain of common people as to obtain its benefits but these are help full in getting some relief while visiting to various offices for some information or to obtain some petty services, but in no way a common man is sheltered by these provisions, while seeking employment, admissions in educational institutions, when they visit to Police Stations, Judicial as well as Civil courts for timely justice, to get reliefs in whatever form may be, in obtaining admissions in Hospitals, in getting proper cure and care from the private practicing fraternity, in private hospitals etc. All these factors are directly related with the corruption for better services and treatment. The central Governments initiatives for linking every transaction through 'Adhar Card' and through Banking are a powerful weapon to check the pilferages of the Govt. money meant for the common man. The only viable solution is the erosion of corruption from the minds and hearts of every human being. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
