Introduction
As the most famous quote says that where there is authority there is abuse. A major issue in the society of authority is the world of corruption which arises when individuals in their position of authority abuse their influence for their benefits . Various Institutions including the government, the schools and even the sports teams engage in this immoral behaviour. It degrades the confidence in people and also in the institutions which harness the democracies fundamental rights and duties and hamper the development of a country. Various forms of corruption such as bribery, embezzlement and election result manipulation is a few drops from the pool of variety of corruption . Corruption has various expenses in addition to the social and political repercussions. It degrades people’s confidence in the government and lowers the chances for economic growth. Corruption practices can also lead to an environment which is likely to have societal and financial failure.
Anti-corruption Laws in India and Abroad
That is consistent with the Merriam-Webster Dictionary the word “Corruption” means ‘A dishonest or illegal conduct specifically by the people in power which include government officers or cops’. It is pertinent to the word here that special emphasis has been laid down on the corruption by way of effective people as it is a settled function that usually a person in power is in a higher function to exert his influence, abuse his energy to dedicate the offence of corruption, like any Government Official or Politician as he is having that public exposure and manage over public funds so they’re in a likely position to commit the corruption, than a common man who works for his bread and butter without any authority
Condition of corruption in India
Corruption and Bribery are a matter of great challenge and threat to the economic stability of India, According with the 2022 Report of Transparency International out of 185 countries India is ranked 85th position in a count number of corruption, with a rating of forty, wherein zero approaches extraordinarily corrupt and 100 approaches particularly sincere. The extent of corruption and it is horrendous effect may be analysed from the truth that was revealed from the Report of World Bank in year 2 hundred, which stated that the total journey time from Delhi to Mumbai Trip (1412 km) may be reduced by way of days consistent with the trip if the corruption and it is associated regulatory stoppages to extract the bribes have been removed.
According to a Writ Petition filed in the Hon’ble Supreme Court of India in year 2018 on Right to Information, it was stated that criminals of the country have accumulated around Rs. 900 lakh crores as black money to date which is un-accounted further according to an Article published in the Economic Times in year 2018 it was estimated that the total amount of Indian Rupees currently present in the Swiss Bank and Offshore Banks is around 300 Lakh crores, which probably can completely eradicate the poverty from India for decades.
India and its Anti- corruption laws
● Prevention of Corruption Act, 1988
The Prevention of Corruption Act, of 1988 is an important law enacted by the Parliament of India (Parliament of India) which came into force on 9 September 1988 to combat corruption and promote integrity in public administration. Before 1988, there was no comprehensive law in India that specifically targeted corruption. The lack of a strong legal framework has hindered the effective prosecution of corrupt individuals and fostered a culture of impunity. Recognizing the need to address this urgent problem, the Government of India enacted the Prevention of Corruption Act in 1988 to provide a specific legal framework to combat corruption. The enactment of that Act consolidated the provisions of the Prevention of Corruption Act, of 1947 (which was the model for its enactment).
The law defines corruption and its various forms, including bribery, abuse of power and illicit enrichment. This includes both government and public sector companies that engage in corruption. No law in India specifically prohibits bribery in the private sector. However, the same can be done through the Companies Act 2013, which punishes “fraud” in corporate matters. The Prevention of Corruption Act of 1988 protects the rights of individuals and aims to prevent coercive practices in which public officials demand large payments from citizens for the fulfilment of official duties. The Indian government considers this practice, commonly known as bribery, illegal.
● Prevention of Money Laundering Act, 2002
It is considered to be the most effective and powerful anti-corruption statute in India. Generally, investigations related to PMLA are initiated by the Enforcement Directorate of India, commonly known as ED. The Law on Money Laundering defines money laundering as an attempt to commit a crime, to aid or abet it or to knowingly aid and abet it, or to profit from a crime, i.e. money obtained by crime, which is still valued as untainted property according to the latest judgment of Supreme Court, registration of intact property is not a pre-requisite for booking an accused under PMLA, but merely ascertaining and ascertaining the connection between the accused and the property is sufficient basis for prosecution under the Act. The most attractive feature of the law is that it allows the ED to seize and attach the property of the accused and their accusers in the pre-trial stage, even before judgment, which, if declared legal, is reinstated by a special court. PMLA imposes strict rules and obligations on the country’s financial institutions and banks to maintain a customer register and follow KYC (Know Your Customer) guidelines, as well as report suspicious transactions with excessive transactions. Of the prescribed value to the competent authority. The Central Bureau of India (CBI) is also empowered to investigate PMLA cases under the Act, placing both the ED and the CBI in the most prominent positions with sufficient powers to contain and investigate anti-corruption cases in India.
● Central Vigilance Commission Act, 2003
The Central Government has established the CVC under the Act to oversee all anti-corruption agencies and the CBI in the country. The CVC is more of a central government think tank and mainly designs, advises and implements the policies of the country’s anti-corruption agencies and investigates complaints against officials under the provisions of the Prevention of Corruption Act, 1988. CVC has overall control over CBI. And can refer cases to him, just as the CVC, has the powers of a civil court under the Act, so that he can investigate corruption cases impartially, without hindrance or hindrance.
Challenges towards this problem
The process of authorising anti-corruption agencies of the relevant agency is extremely slow and often shows that the ministry of government is deliberately delaying the investigation of the agencies to save the skin of their favourite official, as in the paragraph. According to the Prevention of Corruption Act, 1988, 17A, the authorities must obtain prior permission from the competent authority before starting an inquiry or investigation against the accused. This provision is being grossly misused across the country to delay prosecution of alleged corruption cases. Civil servants which encourage civil servants to engage in corruption because they have no fear of disciplinary action by any authority or agency.
Often people are afraid to report cases of corruption because a corrupt official abuses his power through threats and intimidation to destroy a helpless and oppressed person who faces abuse in the form of corruption. A helpline or portal should be established at the national and state level.
Global Perspectives on Anti-Corruption: Comparing and Contrasting International Approaches
Global perspectives on anti-corruption vary significantly based on cultural, political, and economic contexts. Some countries prioritise strong legal frameworks and enforcement mechanisms, while others focus on fostering a culture of transparency and accountability.
For example, Scandinavian countries like Denmark and Sweden are often seen as leaders in anti-corruption efforts due to their robust legal frameworks, independent judiciaries, and high levels of transparency in government operations. They emphasise prevention through strict regulations, whistleblower protection, and public access to information.
On the other hand, countries like Singapore and Hong Kong have achieved success in combating corruption through a combination of strong laws, efficient bureaucracy, and a zero-tolerance approach to corruption. These countries emphasise swift punishment for offenders and prioritise efficiency in public service delivery.
Meanwhile, in regions like Sub-Saharan Africa and parts of Asia, anti-corruption efforts often face significant challenges due to weak institutions, lack of resources, and deep-rooted cultural norms. In these contexts, international organisations and NGOs play a crucial role in providing technical assistance, promoting good governance practices, and supporting civil society initiatives.
Overall, while there is no one-size-fits-all approach to combating corruption, successful strategies often involve a combination of legal reforms, institutional strengthening, public awareness campaigns, and international cooperation. Each country must tailor its approach to address its specific challenges and leverage its unique strengths in the fight against corruption.
The United Nations Convention against Corruption (UNCAC): A global framework setting out minimum standards for anti-corruption measures.
The United Nations Convention against Corruption (UNCAC) is indeed a comprehensive global framework aimed at combating corruption. Adopted in 2003, UNCAC sets out minimum standards and guidelines for preventing, detecting, and prosecuting corruption, as well as for promoting international cooperation in this regard.
UNCAC covers a wide range of areas related to corruption, including prevention, criminalization, law enforcement, international cooperation, asset recovery, and technical assistance and information exchange. It also emphasises the importance of promoting integrity, accountability, and transparency in both the public and private sectors.
One of the key strengths of UNCAC is its universality, as it has been ratified by 187 countries, making it one of the most widely supported international anti-corruption instruments. By providing a common framework and facilitating cooperation among countries, UNCAC helps to strengthen global efforts to combat corruption and promote good governance.
However, implementing UNCAC’s provisions can be challenging for some countries due to resource constraints, capacity limitations, and political will issues. Therefore, international assistance and cooperation are crucial in supporting countries in effectively implementing the convention and addressing corruption at both national and international levels.
Regional Anti-Corruption Initiatives: Exploring effective programs implemented in Europe, Asia, and other regions.
Regional anti-corruption initiatives vary in scope and effectiveness across different regions. Here are some examples from Europe, Asia, and other regions:
1. Europe:
-European Union (EU) Anti-Corruption Initiatives: The EU has various mechanisms to combat corruption, including the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO). The EU also conducts anti-corruption reviews of member states through its Cooperation and Verification Mechanism (CVM) for countries with rule of law deficiencies.
-Council of Europe’s Group of States against Corruption (GRECO): GRECO monitors compliance with anti-corruption standards in member states and provides recommendations for improvement. It focuses on areas such as prevention of corruption, transparency of political funding, and independence of the judiciary.
2. Asia:
-ASEAN Integrity Community: The Association of Southeast Asian Nations (ASEAN) has launched initiatives to promote integrity and combat corruption among its member states. This includes the ASEAN Declaration against Corruption and various capacity-building programs.
-APEC Anti-Corruption and Transparency Working Group: The Asia-Pacific Economic Cooperation (APEC) forum has a working group dedicated to anti-corruption efforts. It facilitates information exchange, capacity building, and cooperation among member economies to address corruption challenges.
3. Other Regions:
-African Union Convention on Preventing and Combating Corruption (AUCPCC): The AUCPCC aims to promote and strengthen anti-corruption measures across Africa. It covers areas such as prevention, law enforcement, asset recovery, and international cooperation.
– Organization of American States (OAS) Anti-Corruption Mechanism**: The OAS has various mechanisms to address corruption in the Americas, including the Inter-American Convention against Corruption (IACAC) and the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC).
These initiatives often involve a combination of legal reforms, capacity building, technical assistance, and international cooperation to address corruption challenges specific to each region. Success depends on political commitment, institutional capacity, civil society engagement, and effective implementation of anti-corruption measures.
Lessons Learned and Best Practices: Identifying successful strategies from around the world that can be adapted to specific contexts.
Some lessons learned and best practices from around the world that can be adapted to specific contexts regarding anti-corruption efforts:
1. Transparency and Accountability: Promoting transparency in government operations, including public procurement, budget allocation, and decision-making processes, helps reduce opportunities for corruption. Implementing mechanisms such as open data initiatives, citizen oversight, and whistleblower protection can enhance accountability and deter corrupt practices.
2. Strengthening Legal Frameworks: Enacting comprehensive anti-corruption laws with clear definitions of offences, strong enforcement mechanisms, and proportionate penalties is essential. This includes measures such as criminalising bribery, embezzlement, and illicit enrichment, as well as establishing independent anti-corruption agencies and specialised courts to handle corruption cases.
3. Promoting Integrity in the Public and Private Sectors: Fostering a culture of integrity, ethics, and professionalism is crucial in preventing corruption. This involves implementing codes of conduct, ethics training programs, and integrity pacts for public officials and employees. Similarly, encouraging corporate governance reforms, anti-bribery compliance programs, and ethical business practices in the private sector can help curb corruption.
4. International Cooperation and Information Exchange: Collaboration among countries, international organisations, and civil society is vital in combating transnational corruption and recovering stolen assets. Establishing mutual legal assistance agreements, and extradition treaties, and sharing best practices and expertise can enhance effectiveness in investigating and prosecuting corruption cases across borders.
5. Empowering Civil Society and Media: Civil society organisations, media outlets, and investigative journalists play a crucial role in exposing corruption, raising public awareness, and holding governments and businesses accountable. Providing support for investigative journalism, whistleblower protection, and civil society engagement can strengthen anti-corruption efforts and promote transparency and accountability.
6. Utilising Technology and Innovation: Leveraging technology and innovation, such as e-government platforms, digital payment systems, and blockchain technology, can help streamline processes, reduce bureaucratic red tape, and minimise opportunities for corruption. Implementing electronic procurement systems, online reporting mechanisms, and data analytics tools can improve transparency and efficiency in public administration.
7. Political Will and Leadership: Building political consensus and leadership commitment at all levels of government is essential for implementing and sustaining anti-corruption reforms. Championing anti-corruption agendas, allocating adequate resources, and demonstrating zero tolerance for corruption send a strong signal that tackling corruption is a top priority.
By adapting these successful strategies and best practices to specific contexts, countries can strengthen their anti-corruption efforts and progress towards building more transparent, accountable, and inclusive societies.
Technology and Transparency: The Future of Anti-corruption Efforts
In various developing countries, mobile applications are increasingly used to empower citizens and make information more accessible through feedback mechanisms. Various countries such as Nigeria have now started taking the initiative to expand telephonic and wireless communications in rural or suburban areas for this purpose. This trend of rural telephony will ensure that there is no corruption and money laundering at the local government levels.
Various transparency portals which are usually run by national organisations, governments, or even NGOs usually publish information on government operations and also provide government information in the form of data that can be freely used and exclusively covered to understand the anti-corruption movements.
In public procurements, various forms of data mining are used for auditing and also to monitor when governments issue red flags and detect patterns of false information. It is somewhat similar to identifying the correct intent in the payments or transactions using various forms of data visualisation. These anti-corruption software tools are often designed to detect and respond to fraud in the payment system.
New technologies are now used to felicitate the reporting of corruption issues and also give the information officially. This helps to monitor the efficiency of social services and also the political life of a country and makes financial information more transparent. Information and Communication Technology supports campaigning efforts to mobilise the citizens against corruption through initiatives many of which are done by the government and various other organisations.
However, there are certain issues related to the use of technology to curb corruption which is the political environment that promotes and protects free speech. There is potential for the misuse of social mobilisation which has been demonstrated through various cases and studies.
Various tools usually handle the data velocity in real-time analysis of transactions which predict and detect the risk scoring algorithms to stop improper payments.
Now even Artificial Intelligence can be used to learn data structures and through e-governance between citizens and public officials to automatically process and remove opportunities for the public officials to misuse discretionary powers and be involved in corruption.
No doubt, technology can play a very crucial role as a driver of anti-corruption initiatives and with the corruption campaigns in public interest initiatives and relevant stakeholders should be deployed to undertake their context from the anti-corruption and action plans of the Government and various other organisations.
Conclusion
An ethical basis of working is to be placed inside an organisation and in the education system to combat corruption. It is important to provide people with the skills necessary to identify and oppose this unethical behaviour through establishing the required training programs such as anti-money laundry courses that guarantee education about anti-corruption practices.
It is important to have more reporting channels to encourage opinions and accountability by enabling the stakeholders to report instances of corruption without fear. Further, preventive steps should be taken through checks and balances on people and also on the organisation trusted with the position of power to reduce the instances of corruption to occur.
It becomes important to promote an environment of honesty, openness and responsibility while addressing the issue. Society must protect the integrity of institutions and promote sustainable development by putting these steps into place which will lessen the negative impact of corruption in this society.