What is the issue?
- The amendments to the “Prevention of Corruption Act, 1988”, was recently adopted recently by both Houses of Parliament.
- While this is to safeguard government staff from malicious witch-hunts, a more comprehensive and nuanced approach is needed to end corruption.
Why is the “Prevention of Corruption Act” being amended?
- Section 13 of the Act holds public servants culpable for securing a pecuniary advantage for another “without any public interest”.
- This resulted in many honest officials being prosecuted even when they gained nothing and merely exercised their discretion in favour of someone.
- Even former PM Manmohan Singh had criticised this provision as it is prone to misuse and affects decision making within the government.
- Notably, even officials with the most honest of intentions tend to hesitate in making decisions if their actions are likely to be suspected and scrutinized.
- Hence, the current government has proposed an amendment to rectify section 13 in order to make liberate officials from possible witch hunts.
What are the provisions envisioned in the new law?
- The new version seeks to be more concise and restricts criminal misconduct to two offences namely:
- Misappropriating public property for private gratification
- Amassing unexplained wealth (beyond known sources of income).
- The law also seeks to make citizens liable for offering a bribe to a public servant, which is in line with “UN Convention against Corruption”.
- In situations where citizens are forced to give a bribe, the above provision doesn’t apply, provided the incidence is reported to authorities within a week.
What are the challenges involved?
- Vulnerability - If the police or any other agency refuses to register complaints regarding instances of bribery, then the people are left in the lurch.
- It may also render them vulnerable to threats from unscrupulous public servants who might completely refuse to further their papers.
- Approval - A prior sanction requirement already exists in law before proceeding for prosecuting a public servant (after investigations conclude).
- But the new law seeks a prior approval mechanism even before commencing investigations, which will only make it harder to deal with corruption.
What is the way ahead?
- Public servants need to be protected against unfair prosecution, but a genuine drive against corruption needs a package of legislative measures.
- The legal mandate needed include “penal clauses, independent ombudsmen like Lokpal, time stipulated services delivery and whistle-blower protection”.
- As laws to fulfil these objectives are either not operational yet or haven’t been framed, the government needs to focus on these aspects.
Source: The Hindu
