HOW TO CURB CORRUPTION IN INDIA

HOW TO CURB CORRUPTION IN INDIA
By Aabad Ponda, Advocate, Bombay High Court , practicing on the criminal side.
Corruption is the cancer of society and it is spreading its tentacles like wild fire in India. It is only increasing day by day and shamelessly is viewed as a part and parcel of our lives. Every day we read in the newspaper that some official, politician or public servant has been involved in corrupt activity but we don't even bat an eyelid. The sad part is that it is impossible for any newspaper not to carry an article on some form of corruption in India on a daily basis. In fact a dangerous message is being sent to right thinking persons that crime and corruption pay and on a regular basis one reads about the story of a corrupt person progressing monetarily from rags to riches and the average salaried earning class of persons or professionals cannot imagine making that kind of money in their lifetime even if they take many rebirths. Thus a very demoralizing state of affairs exists for educated persons who find it frustrating to find a job or carry out a profession honestly and at the same time have to deal with the stark reality that persons are corrupt in all walks of life in this country and they don't pay income tax but continue to be wealthy and cash rich.
The reason for such a state of affairs is because unfortunately the law makers are all public servants. They are too concerned with protecting their brethren. They fear how they will remain in power without the support of corrupt persons whose cash strength is the basis for their electoral propaganda. This is a vicious cycle which only goes on growing stronger. Till someone is caught he is portrayed as clean and there is no shame in getting caught. Most corrupt persons believe that they were unfortunate to get caught and they question why they got caught. Nobody admits to their own conscience that what they are doing is wrong and should stop. It is so filthy in the practical functioning of this country that those who are supposed to curb corruption like the Police who are set up for the same, indulge in the highest amount of corruption. Thus the ones who are supposed to enforce the law are themselves breaching it.
Recently in Saudi Arabia 200 Billion Dollars worth of corruption is unearthed and nobody has been spared with royal princes also being detained. The entire action is really commendable. Without influence or favour being made relevant, the law has come into the forefront to bring back confidence in the average citizen who has faith in the ruler. The message sent is clear that corruption will not be tolerated and no matter who you are, you will be detained and dealt with sternly. It is a very welcome move which deserves tremendous appreciation, praise and salutations. The whole world is looking at Saudi Arabia as a lesson against corruption and trying to see what will happen next. Full marks to the righteous approach of the ruler in that kingdom who has shown his true mettle in not sparing anyone.
In India things are totally out of hand. In a democracy like ours we are dependent on the politicians who we vote for to make laws. India needs a revolution in order to come out of the clutches of corruption. Demonetization to check black money failed miserably as Indians do not want to pay taxes as they believe that the politicians eat up tax payers money and they prefer to keep cash stashed secretly and depend on themselves than the government. One needs to have a revolution akin to Saudi Arabia. We need laws to be amended whereby bail is not granted till trial unless there are reasonable grounds to believe that a person accused of an offence under the Prevention of Corruption Act, 1988 is not guilty of such offence and that he is not likely to commit similar offence if granted bail. If the Prevention of Corruption Act, 1988 is amended to incorporate a provision similar to the provisions of Section 37 of the Narcotics, Drugs and Psychotropic Substances Act, Section 21(4) of the Maharashtra Control of Organized Crime Act, Section 20(8) of the of the Terrorists and Disruptive Activities Act. If this is done for starters then certainly the corrupt persons will think twice before they indulge in corruption. Therefore it is suggested that a provision should be incorporated in the Prevention of Corruption Act as under:-
"Modified application of bail provisions of the code.
Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless-
(a) the Public Prosecutor has been given an opportunity to oppose the application of such release; and
(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that lie is not likely to commit any offence while on bail."

If this is going to be the approach then certainly before resorting to corrupt practices people will think twice and fear the law instead of brazenly and shamelessly indulging in corruption for the simple reason that if they do not do so then the consequences would be drastic.             

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