Thursday, May 19, 2011

Possible solutions to Corruption


India faces a big challenge today….This year will be known in the history books as “the year of the scams”. 2G Spectrum scam, Commonwealth games fiasco, IPL scam, Adarsh housing scam and many more came out of the closet, severely deteriorating its image across the world as well as in the eyes of its own people. Add to it, the common man has had to face frauds at individual levels also. Scandals and scams are nothing new or unique to India, but what is extremely disturbing is that it has spread to almost every major field and event, increasing in enormous proportions. Even the services like education and health have not remained untouched. Donations are given by parents to get their children admitted into schools. Doctors are influenced by the medical representatives of the companies through “gifts”. The government schemes to help the needy fail to produce the intended impact due to the multi level scams that eat up the money and benefits before they reach to the grassroot level.

I hope to give some practical solutions to the problem to the best of my understanding and knowledge. In my view, the sorry state of affairs in our nation is mainly due the politics of power and money .The politicians and the big corporations seem to bend the rules to get what they want. Undue advantages given to them must be taken away. Some major institutional reforms are needed to start with. We need an India where every person fears that corruption and frauds of any kind will land him in jail. That alone will replace today’s greedy deeds with incentives for honesty.

First, we need a mechanism that induces criminals to leave politics. What can one expect when Power is manifested in the hands of the very perpetuators of crime?? We must end the outrageous situation where criminals join politics and often become cabinet ministers. This gives them huge clout and ensures that charges against them are not pursued. Following are some highly alarming statistics to show the criminalization of politics in our country. In the 2004 election, 128 of the 543 winners faced criminal charges, including 84 for murder , 17 for robbery and 28 for theft and extortion. One MP faced 17 murder charges. Shibu Soren, a man convicted of a crime as grave as murder, has been the chief minister of Jharkhand. Parties do not find this deterring since all these criminals provided them with money, muscle and patronage networks that every party found useful.

All candidates are required to submit a list of their assets and criminal cases against them but it has not yielded any results. Exposure of criminal cases is not enough. We need a new law mandating that all cases against elected MPs and MLAs will be given top priority, and heard on a day-by-day basis until complete prosecution. This will make election victory a curse for criminals—it will accelerate their trials, instead of giving them the political immunity they seek. If such a law is enacted, we may well see criminal legislators and ministers resigning in order to get off the priority trials list. This reform can truly transform the face of politics in India.

Second, we need judicial incentives that speed up justice. Truly, “Justice delayed is Justice Denied.” Often, its the case that even if a fair verdict comes out, it is too late to punish the guilty either because he’s no more or is in the twilight of his life that a sentence so late does not matter after enjoying a lifetime of freedom. Giving time-consuming procedures and precedents priority over speed has to be questioned. Speedy justice may be achieved through setting a maximum time target in which judgement has to be pronounced. Strict monitoring of judges who preside over a case has to be followed to ensure that there is no conflict of interests for the judges. The already existing mechanism regarding this is not enough, since it requires that the judges voluntarily excuse themselves from the case in such situations. What must be done is that the lawyers on both sides must actively keep track of the judge to ensure no partiality to the other and no bribery. A provision for complaint can see to it that anything amiss is looked into.

Witnesses are a major problem to the conduction of a fair trial. Firstly, people do not come forward to help in an investigation thinking “court ke chakkar lagane padenge” or “police hume hi fasa degi” etc. Low confidence in police make witnesses hold back . In India, a witness is very susceptible to being influenced to change his stand since there are no provisions for their security. Not only in physical terms but they may be targeted through other ways like threats to destroy their professional and social life etc. Witness protection Program is something really credible that ought to be started to draw the witnesses and help in getting justice.

Third, We must free the police of political control . What we see today is that although cases are registered against the powerful but are not followed up by the police. This is because they are influenced by the ministers and the business lobbyists. The police is used to tone down the cases against the ruling party and their coalition members or to provide VIP security. Crime Detection has to be made their top most priority. One important step is making the police a powerful institution in itself. It is not something unheard of and has been successfully implemented in Japan which has an independent police commissioner. Extrication of police from the control of politicians, and having a truly independent Police Commission will mean police force can stand up to politicians as firmly as the Election Commission. Since law and order is a state subject, so we will need police commissioners in every state, under a national police commissioner.

Providing monetary and other benefits to family and friends or using their authority to get advantages for themselves by the officers or ministers of high ranking is not uncommon. This is often at the cost of worthy aspirants, and also amounting great losses to the public institution and the public at large. Recently the Adarsh society scam demonstrated this very hard reality. A solution to this could be that the awarding of contracts and positions should not be left to the monopoly of any one person but must be decided by a board of persons through reports submitted by qualified and experienced professionals after detailed analysis and examination.

Investigation and prosecution of the rich and the powerful regardless of their clout will mean making corruption highly risky instead of profitable. Some great person has said that the hallmark of a democracy is not that it holds elections , or represents the will of the majority , but that it creates independent institutions that can thwart subversion of justice by politicians and mobs.

Treatment of politics as a lucrative and tax-free profession has to be stopped. The youth, instead of just blaming the present state of affairs, must do something to change it. There has been some initiative in this direction with the joining of educated professionals like doctors, lawyers and IAS officers into the politics. More youth with the will to clean out politics and uplift the nation have to come forward. But the common people need to rise above the politics of caste, region, language and religion and give support to the really qualified and deserving candidates like these who are committed to the cause of working for the people. Media has an exceptionally significant role to play - communicating to the masses the wrongs prevalent in the society. Regular news ran by TV, radio and newspapers about these do create pressure on the government to act against the offenders. Telecom minister A. Raja was finally chargesheeted in the 2G Spectrum scam only due to the consistent cries raised by the mass media. Sting operations to expose the corrupt have seen some action being taken against the guilty, ranging from setting up investigations to even suspension. What the media has been doing is good but must not get swayed to anyone’s side by personal prejudices or benefits etc. It must rise as “the voice of the people, for the people and by the people”.

Only a few decades back, there was a general impression among the people that corruption was a shameful affair. Though even then, many persons were corrupt, the people looked down upon them and the corrupt persons were left socially isolated. But now it has become so common that the people have come to accept it as a way of life and think it better to mind their own business. They even have become a part of this scheme when they give bribes to get their work done, escape out of being fined etc. But if the public does not shun it completely, there is no hope for the corrupt to abstain. “JAAGO RE!!” very appropriately defines what we need to do... WAKE UP! Legal action and public shaming together can prove to be an incredibly effective means to root off this menace.

The common man who is affected the most by all the political or small individual scams seems to have accepted the evils as the way of life, thereby giving up the will to fight. What most people think is “is desh ka kuch nhi ho sakta”, “yahaan aisa hi hota hai, tum bhi aadat daal lo” etc.. This ‘chalta hai’ attitude is what is holding us down. But if everyone thinks like this, how can we expect to bring a change? If even only one takes an initiative it is possible that others will follow the lead. Even if not, such individual efforts will not go in vain and will definitely produce some fruits. The Power of “ONE” must not be understated- One voice can break the silence, and one ray can tear down darkness. To bring the change, you have to be the CHANGE!

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