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Mainstream, VOL XLIX No 32, July 30, 2011

‘Ways and Means to Eradicate Corruption in Public Offices’: A Report

Monday 1 August 2011

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by B.K. PAL

The fight against corruption is inevitably linked with the fight for human rights as each and every person aspires to live in a corruption-free society on account of being affected by it in one form or the other, said Soli. J. Sorabjee, President of the United Lawyers’ Association (ULA), while presiding over a meeting to discuss “Effective Ways and Means to Eradicate Corruption in Public Offices”, organised by the ULA, at the Indian Law Institute, New Delhi, on July 18, 2011. He also suggested that the names of corrupt officials should be prominently displayed for the benefit of the public by putting up hoardings and posters etc. at public places like airports, taxi stands, markets so as to make them impossible to function.

Ms Aruna Roy, a prominent social activist and a leading figure in the National Campaign for People’s Right to Information (NCPRI), proposed streamlining of the public distribution system and decentralisation of power and public authorities. She also emphasised the need to fight against corruption collectively so as to check corruption at all levels. She wondered as to how the rule of law and independence of the judiciary are relevant to the poor and downtrodden people, who have no means to approach such institutions. She opined that giving and taking of dowry is also a form of corruption like the issue of non-recruitment, non-absorption, and non-promotion of Dalits in services for which purpose such aggrieved persons have to approach the court of law. As such the people are also very much concerned about such practices.

Justice Rajindar Sachar unequivocally opposed bringing the judiciary within the purview of the Lokpal Bill, but asked that if the PM is corrupt, should he be allowed to continue in office? Accordingly, there should not be any objection if the PM’s office is also brought within the purview of the Lokpal.

A.K. Ganguly, a senior advocate, underlined the importance of the need for more accountability and transparency in exercise of the discretionary power vested in authorities holding public offices.

P.P. Rao, a senior advocate, in a circulated note called for non-inclusion of the judiciary as well as the office of the Prime Minister in the Lokpal Bill, while noting the contribution of Anna Hazare in arousing the conscience of the people against the epidemic of corruption. He further insisted on reforming the political system as a whole so that persons having criminal antecedents are unable to capture public offices. And in case of such happenings they should be removed as per the massive pressure of public opinion through judicial mandate on public interest litigations.

The NCPRI also distributed a note emphasising that the legislation for the anti-corruption institution must be financially, administratively and legally independent of those whom they are called upon to investigate and prosecute. The note also stated that such an institution should be within the basic framework of the Constitution. It categorically called for strengthening the institution of the CVC and bringing under its purview all offices not covered under the Lokpal Bill. The note further appealed for providing security to whistle-blowers, who have either made complaints or appeared as witnesses in front of the Lokpal.

General Secretary of the ULA B.K. Pal, advocate, Supreme Court of India, pointed to the creeping menace of corruption in the Army and military establishments, something highly shocking. He said for fighting corruption the country has to inculcate the value of honesty in the mind as well as in the working of individuals right from childhood, so as to check, control corruption, and eradicate it from public life. There was floor participation for quite sometime from lawyers as well as other social activists

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