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The citizens' guide to fight corruption
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Voter considers that all parties are equally corrupt. The only difference may be that some are more so than others or some have been found out while others have not been exposed. There seems to be a total lack of awareness about the damage caused by corruption or lack of probity in public life to the well-being of the people.
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THE CENTRAL Vigilance Commission has brought out "The citizens guide to fighting corruption." The guide possibly is the first major step in remedying this evil, which is threatening to swallow us. We have had enough of debates on TV channels, a large number of articles have appeared in almost all newspapers giving the anatomy and biochemistry of corruption. However possibly for the first time an attempt has been made to take the issue to the right clientele, capable of bringing in a significant change. The guide in the words of the Central Vigilance Commissioner, Mr. N. Vittal, "contains the distilled essence of the strategies evolved so far to fight corruption and the principles that can be adopted... presented as a humble offering to every patriotic citizen of India who wants to fight corruption." This article is an attempt to present a gist of the guide for the information of a large number of citizens who are looking for some way to contribute in this campaign.
India is ranked 72 out of 91 countries listed in the order from the least corrupt to the most corrupt as per Transparency International's Corruption perception Index. Neighbouring Bangladesh occupies the last rank. The Prevention of Corruption Act 1988 is the major Act available for prosecuting corrupt public servants. A citizen faces corruption practically at every level and every sector of life. It could be the local rationing department, police, municipal corporation, etc. In the industry inspector-raj has become a code word for regular bribes collected by the public servants at the cutting edge of administration of the various departments of Central and State Governments.
Corruption is harmful in three different ways. It is anti-national. The hawala scam showed how the anti-national militants were getting money from abroad through hawala. Corruption is anti-poor since the resources meant for poverty alleviation schemes get siphoned off by corrupt politicians and bureaucrats. It is anti-economic development as demonstrated by the collapse of the South East Asian economies in the mid-1997.
Factors responsible:
* Caste and nepotism have become the basis for distribution of patronage.
* Common financial interest, emotions rather than reason dictate politics.
* Indian culture of tolerance - society tolerates amassing of wealth.
* The extreme attachment of people to their families makes a person in office feel that he should earn enough not only for himself but also for his children, grand children and perhaps seven generations.
* Amassing wealth in some communities is seen as a macho demonstration of competence.
* Consumerism and desire for an ostentatious lifestyle tempt many to make money by hook or crook.
* Evil social practices like dowry also promote corruption.
* Education pressure and corruption in the education sector is another social factor contributing to corruption in our system.
Spreading awareness
Though corruption is rampant in our system, the results of elections where corrupt candidates are elected again and again raise the question whether the removal of corruption or improving probity in public life is considered relevant by the people at large.
Education is an important factor. According to a study made by the India Today in 1997, Kerala emerged as the least corrupt State. Probably this can be directly related to the increased literacy in that State and also the corresponding awareness in the people of Kerala about exercising their rights.
If democracy has to survive, the middle class value of probity in public life will also have to be sustained. It has been said that India is a feudal democracy. It is quite possible therefore that we take a tolerant view of the misbehaviour of leaders because the king can do no wrong.
Issues like prices of foodgrains, drinking water, and employment rank higher than corruption in voter's priority. Voter considers that all parties are equally corrupt. The only difference may be that some are more so than others or some have been found out and exposed while others have not been exposed. There seems to be a total lack of awareness about the damage caused by corruption or lack of probity in public life to the well-being of the people. Voters are not bothered much about the high level corruption but they are more directly and visibly affected by the corruption at the cutting edge level of administration which they experience everyday. The Hindu concept of prayaschitta in our society is another reason for tolerance of corruption by the public. The red-tape ridden and elaborate systems leading to enormous delays in many public offices too make the common man consider that paying a bribe as speed money is part of the system.
Need for transparency
One method by which one can tackle the problem of corruption is by sensitising the people at large about the evil effects of corruption and how corruption comes in the way of fulfilling the genuine demands of the public like drinking water, better roads, better power supply, etc. The Indian citizen is paying 40 per cent extra for the power he is using because of corruption.
Sensitivity to the evil effects of corruption will grow if the true facts are presented to the public. This calls for making all relevant information available to the public as freely as possible. The Mazdoor Kisan Sangharsh Samiti (MKSS) in Rajasthan dramatically brought out a few years ago how the funds meant for the IRDP programmes were being misused. The MKSS was set up in 1990 by Aruna Roy and a few other activists. Its leaders built grassroots movements that have triggered a broad debate and a nationwide demand for the public's right to scrutinise official records a crucial check against arbitrary governance. The culture of secrecy fosters corruption.
Recently several States have adopted the `Right to Information Act' which empowers any person desiring information to make an application to the competent authority asking for relevant information. The competent authority is bound to provide the information within the time frame specified unless the same is refused on valid grounds. Accountability is necessary for good governance. This is possible through transparency in operations. Transparency in government is possible if there is freedom of information and the citizens have access to information.
The CVC has recommended for adoption by all organisations within its purview to publish on the notice board and in the organisation's regular publication the details of all such cases regarding tenders or out of turn allotments or discretion exercised in favour of an employee/party.
It is possible for the non-government organisations and enlightened citizens to take up with the departments concerned the question of providing such information as is needed for greater transparency and checking corruption in those departments.
Studies on corruption
Another method by which sensitivity about corruption can be enhanced and spread is to make studies about the extent of corruption in different organisations and document them. The Public Affairs Centre in Bangalore has been able to bring out "report card" on urban administration and document the corruption in offices like the Bangalore Municipal Corporation. The surveys confirmed the high degree of public dissatisfaction with the city's services. This received wide media and public attention. The report card findings were also discussed in several public forums in the city. The objective of the experiment was not merely to create public interest and awareness, but also to get the service providers to wake up and respond positively to citizen feedback.
The documentation and ranking of the corruption perception index of the government organisations can be one activity that can be undertaken by NGOs or even an individual if he has the resources. The methodology of Transparency International for bringing out the Corruption Perception Index (CPI) may be adopted by the local CPI studies.
The Centre for Media Studies conducted a corruption perception study in 2000. The report highlights the fact that only 20 per cent of the people who paid bribes made complaints. This shows the tolerance of corruption among citizens.
The advantages of publishing the CPI are many. First, they provide an informed basis for a debate on corruption. Secondly, they can shame some of the honest officers in the organisations, which are perceived to be the most corrupt, to spur them and ensure that, at least, in the next report the position of their organisation improves.
Strategy
Our country is corrupt and corruption flourishes because there are people in power who benefit from the present system. Unfortunately those who benefit from power are also those who have to initiate the change to check corruption. Under these circumstances citizens and their organisations can get change initiated only by adopting the following strategy:
Judicial activism has been responsible for bringing about some of the well-needed changes. The public interest litigation is a route that can be used to approach the courts and thereby make the administration change policies or initiate action to check corruption.
Agencies specially designed for fighting corruption such as the CVC, Vigilance Commission, Lok Ayuktas, etc., may also be approached by citizens. In shaping public opinion the electronic and print media can be effectively used. NGOs many a time can play an active and direct role in taking up individual cases for fighting corruption or bringing about system changes.
The basic requirement for any citizen who wants to fight corruption is that he should himself be honest. It is therefore necessary that a citizen who wants to fight corruption must first decide that he will uphold his own moral character and he will not give or take a bribe. Individuals make or mar the nation. Basically most of us are selfish. When we face a problem, we are interested in finding immediate solutions. It may sometimes involve breaking the queue or breaking the rules or sometimes it may involve a financial advantage. How many of us insist on a regular receipt with the sales tax duly added when we buy things?
Corruption can be fought by the citizens as individuals or in groups in the form of an NGO. Just as an individual has to maintain his own integrity first before he takes on the challenge of fighting corruption, NGOs which are formed to fight corruption should first ensure that they themselves are clean and do not indulge in corrupt practices. It has been noticed that there are many NGOs who are indulging in corrupt practices.
When a citizen makes a complaint, he must be bold enough to declare his identity. Otherwise a culture of blackmail will prevail. It must also be remembered that making a false complaint against a public servant is punishable under section 182 of the Indian Penal Code.
Citizens can utilise the services of organisations like CVC or use the concept of vigilance councils as in Maharashtra. The CVC adopts the policy of not revealing the names of the complainants thereby his/her security is ensured.
How can a citizen contribute?
French writer Victor Hugo said "there is nothing more powerful than an idea whose time has come"; perhaps looking at the extensive corruption in every walk of life that we see in India today, the idea that India must become less corrupt is the one whose time has come.
In India, the number of persons who are benefiting from corruption in all may not be more than 5 crores out of over 100 crores. It is therefore obvious that if the 95 crores of non-corrupt citizens come together, the whole situation will change.
If any complaint of bribe is to be made the Chief Vigilance Officers of the department or organisation can be contacted (in respect of Central Government organisations). As far as State Governments are concerned there are Anti-Corruption Bureau, Lok Ayuktas and Vigilance Commissioners. Members of the public can also report about the activities of public servants who are found to be living beyond their means. The identity of the complainant can be kept secret, if desired, as the agency can treat the information as source information and proceed further with it. Legal aid societies are available which can be useful in ensuring that a person gets what he is entitled to legally.
In Maharashtra, vigilance cells have been formed in many towns by bringing together the vulnerable and interested groups, first to comply with the requirements of law and then take up the problem with the officers concerned. The vigilance council as a group provides a safety cover to the individuals.
More than 45 organisations and departments of the Government of India have published citizens' charters, which explain what services these departments are going to provide for the citizens. The citizens' charters should also have a provision of compensation to the citizen in case the departments fail to perform. If the services are not being rendered properly or if a citizen has a complaint, there must be detailed information included in the charter about which officer or office the citizen can approach for getting a proper redress.
The Indian Penal Code has provisions for forcing public servants to do their duty under sections 166 and 167. Heads of organisations can be persuaded to make comprehensive use of these punitive measures.
Ethics should form part of the education system and children in the schools should be mobilised to create a social climate of making corruption unacceptable and casting a social stigma on those who are corrupt. The use of media for mobilising the people against corruption can also be part of this effort.
Praja, an NGO of Mumbai, has devised a unique system for citizens to ensure redress of citizens' grievances through an online complaint registration system. The complaint is sent to the authority concerned and to Praja. Both Praja and the municipal authorities hold meetings regarding the backlog. All applications and forms required for work with the municipal authorities are also being made available online. To facilitate the operation of this system a memorandum of understanding has been signed between the Greater Mumbai Municipal Corporation and the Praja Foundation. The NGOs in other cities could explore the possibility of adopting this system.
If we want India to become an economic and military superpower and create an India in which every citizen will be able to enjoy his rights and a better quality of life, fighting corruption is the most important need. It is the responsibility of every Indian citizen to respond to this need.
MERVIN ALEXANDER,
Chief Vigilance Officer,
Cochin Shipyard Ltd.
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