Corruption & human rights in India

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Corruption & human rights in India

In India, it becomes very important to know that how corruption takes over the fundamental values of the human related dignity as well as how it affects the diverse economical, social, cultural, political ethics as well as equality of the citizens who are getting affected by such corrupt practices. Thus it becomes equally important that what all measures could be taken by which the corruption gets deteriorated as well as the human rights of the citizens also gets secured.

The corrupt practices could be found anywhere wherever, there is the giving and taking of something from someone by which the person who is acting under its duty, abuses his responsibility just for the sake of the fulfillment of fraud means and act according to one who gives any economic benefit or other benefit for lifting up of his wrongful intention. It may include several practices which has been defined or mentioned in legislations in India which includes- bribery, extortion, money laundering, fraud and embezzlement of public funds, etc.

Meaning & defination of Corruption

The term “Corruption” has been derived from the Latin word “corruptio” – this symbolizes to bad behavior or a moral decay. The practice of corruption in a very common form first of all may be understood as giving or taking of wrongful benefit or remuneration whether in form of money, any type of position, for a service done by other which is performed illegally, crossing the legal authorize limits.

But to have enumerated about the concept of Corruption with that of inflicting human rights, need a legal definition. From the Law point of view, Corruption mainly influences the Criminal Acts, performed against the cognizance of Law. Some of the terms which may relate to corruption includes Bribery, Money Laundering which emphasis upon the abuse of the authorize power and work performed in an illegal manner.

Corruption & its impact on governance in India

Corruption has been considered to have a very wide and intrinsic effect upon each and every level of working whenever it comes to making up of Governmental Decisions, whatsoever may be concerned with it, whether in line or in staff of the hierarchy of the placing or regulation of any Decision. When in the year 2001, Corruption perception Index was prepared by the Transparency International, the India stood on 72nd position, where the total spots of the Country were 91.

It becomes very indispensable and this paragraph becomes the central highlighter of the Article as well as very common subject matter, the way Corruption is playing with such a huge and successful democratic set up of India. Corruption not only pits into danger the working or the quality structure of the Governance but also provides resistance when it comes to elaborately discuss upon the democratic system as well as various statehood which are inter connected with such system.

The corruption practices can be found where high rated work of the system works such as in making up of the contracts, signing up of the deals or purchasing equipments in relation with the defense force of the country, which is the matter of the security for the whole of the nation and when citizen comes to know about such disputes, it feels very disappointment and dissatisfies with the actions of corruption in system, causing is shake the trust and belief of citizens.

Corruption also prevailed in India with various drawbacks in the past in relation with the criminal justice system. There were a lot major issues of corruption were found which may include cases of acquittals, not a proper investigation were made as well as delayed trial procedures resulted in rising up of corrupted activities.

Corruption is considered to be such illegal omission of the act which us against Rule of Law, against any form of Governance including democracy or with the violations of Human Rights. It provides for the improper growth of the economic development, even provides for the social insecurity, and provides for the instability of the Governance and thus deteriorating the moral foundation upon which the society has been framed.

Major causes of Corruption

In the past, when the crimes of corruption were increasing, the Central Government establishes a committee to find out such illegal omissions which are being performed and were increasing the corruption activities were need to be identified. Thus the Santhanam Committee was enforced and the committee found various causes or measures by which the corruption was prevailing into the system. The committee highlighted various causes, from them some of them are as follows – problem of red tap-ism (delay in judicial proceedings), administrative delay, lack of transparency is maintaining accounts and funds, lack of proper goods and services, exercise of personal discretion and powers, etc.

Two distinct divisions have been made in India in relation with classifying the corruption as well as its practice. One is exploitative corruption and another one is collusive corruption. Starting with the former type of corruption, as the name indicates that the exploitative corruption, where the public servant or the private individual or a party, performs specific task by which the citizens or the state has to suffer in leading with certain irregularities within the functioning of the state. And the latter part includes in the collusive form of corruption the citizen, who corrupts the public servant for making their work easy by giving them better benefits and bribe.

Both such concepts relating to the corruption whether the role of normal citizens or the role of public servant or either the private party, all one or the other way contributes to the increase in level of corruption to fulfill illegal obligations just to raise their own benefits and which is truly against the moral of the society, thus resulting in the affect of the human rights of the citizens.  

Impact of corruption on Human Rights

The role of State in the modern era is much wider as compared to the past activities of it. Thus the State and its authority need to be more aware about the corruption activities whatsoever prevailing. As the role of the State should always be lie in the welfare and accustomed to the welfare of the general public at large and guarantee them without any type of discrimination, the all human rights of which they are being prescribed by the Law of Land. Therefore State has certain duties and obligations for the protection of Human rights which shall be protected, fulfilled and respected without any discrimination.

Thus there could be the link between the human rights violation as well as with that of Corruption activities. Corruption may amount to direct violations of the human rights when the act or omission committed resulting into the criminal sort of activities leading with illegal violations as well as including the corruption activities from the side of the State Authorities, thus preventing the general public from accessing to such right. It may also have an indirect effect upon the public at large when the other lines and staff below the authorities are too involved, contributing a sequence or a chain of events resulting into the corruption misdeeds, also results in Human Rights Violations.

Corruption & specific Human Rights

How corruption can contribute to the gross violations as well infringement of the human rights has been disused in various Human Rights Norms and instruments such as:-

UDHR– Universal Declaration of Human Rights, 1948

ICCPR– The International Convention on Civil & Political Rights- 1966

ICESCR– International Convention on Economic, Social and Cultural Rights, 1976

These are such Basic structures which are there for the protection and promotion of the Human Right Violations and thus Corruption has also been highlighted in these very documentations. It has been very profoundly said that the corruption really infringes the Human Rights Violations, particularly with human rights of Right to life, Liberty, freedom and equality. It also highlights about the non discrimination rights, Right to participate in politics, fair trial and access to justice, right to information, right to food, water, housing, education, environment, various more economical, social or cultural rights which also may gets violated wither directly or indirectly.

Principles of Equality & Non Discrinatory Rights

The principles of equality as well as several non discriminatory measures whether directly or indirectly causing discriminated are strictly prohibited, thus becoming a fundamental concept of Human rights which have been incorporated in various human rights treaties as well as convention as well as enumerated in the Constitution of India.

And thus the presence of corruption created illegal violations to the public services in various fields of human rights which include health, welfare services, in the fields of education, etc. Because of such personal favored conduct of persons involved in corruption the people who have to suffer who are economically as well as politically marginalized and thus these activities leads to arbitrary functions by such illegal means of practicing.

Right to participate in the political activities so prevailing

From Human Rights perspective, it becomes very much indispensable to participate in the political activities so involves in the society without facing any kind of difficulty or discrimination in standing for such acts which are involved with the decision making process affecting individual as well as the society as whole. Right to Vote, Right to stand for Election, Right to access over public services.

Now in reference to the political agendas certain mishaps gets created which violated the human rights of the citizens and which affects them directly as well as indirectly resulting in gross human rights violations. Such as various practices like- taking of bribery, abusing any office or the system as well all those aspects which infringes the free expression of the will of the citizens thereof.

Several Economic, Social & Cultural Rights

Corruption implies that there are some of the steps which the State is not able to fulfill in the right direction whether it is about allocating of funds, accounts, health care, education and housing. Taking up of Bribes and not using optimum resources for the economic, social and cultural rights violates the human rights.

There are many rights which incorporates under the head of Economic, Social and Cultural Rights which include right to health, right to food, right to housing, right to education, etc. where State has the obligation to respect, protect and fulfill the protection and promotion of such rights. If corruption violated the economic, social and cultural rights there are obligation which shall be taken into account that is to realize the above mention rights in an efficient manner and prioritize such rights while allocating natural resources.

Right to fair trial as well as Justice Delivery

There could be several of the subjects which may affect the procedures of the judiciary as well as the investigation at various level which becomes the prey of corruption very easily and thus affecting the rights of that person who shall be proved innocent in the proceedings, but because of such illegal practicing of bribe can change the situation of the case drastically.

Need for linking Human Rights to Corruption

If Human rights violations are occurring because of such illicit practicing of corruption, it will surely somehow be linked directly or indirectly with the public’s welfare measures. The key specific identification links which can be broadly be connected with corrupt practices with human rights violations may be found with officials of the public service departments, judges in the courts, parliament members, investigators, officers, police officers, Lawyers, Bankers, Accountants, Business managing people, media and the role of general people as well.

Various scam & legislation pertainig with Corruption

Various scams pertaining with corruption which were highlighted in the Governance were- Bihar fodder scam, Hawala scam, 2 G Spectrum, CRB Scam, etc.

Various Legislative enactments which have been made for checking up of the corrupt activities as well as providing severity in punishments which are- Jan Lokpal Bill, Prevention of Corruption Act, Right to Information Act, Money Laundering Act, Whistle Blowers Bill, Forfeiture of property Act, Foreign Exchange management Act, Custom and Income Tax Legislation, etc.

Moreover certain organizations which are working for the effective control in corruption activities include Information Commission, CBI, Central Vigilance Commission, role of Judiciary is also considered to be vital form to help in eradication of the corrupt means, etc.

The Negative impact of Corruption on the Human Rights

Corruption is like such an adverse disease which destroys as well as corrupts a person deep routed from inside and thus ejecting out such corrupt practices causing other to suffer and to some people harm from his conduct, in turn affecting everyone. Thus providing a big hurdle for the self realization for the protection and promotion of the human rights of the people whether is conducive of civil, political, social, economical and cultural rights of the citizens. Thus providing weakening up of democratic set up.

Corruption truly becomes a dishonest practice as well as unethical measure by a person who has been authoritatively appointed with the trusted work with all responsibilities as well as with all rights and duties as well as obligation to fulfill his conduct in a proper manner, but because of their economic satisfaction they tends to destroy the societal welfare system on which the Governance is working, which causes human rights deprivation to the humans of their illogical conducts so performed.

The Spread of corruption not only obstructs or hinders the violation of gross human rights violations but also defames the nation and thus to protect the nation’s authenticity as well as to avoid such misdeeds to be happen, education and awareness will help in eradication of the effects of corruption. Law, rules, policies, statutes, legal framework, regulations, orders all such enacts have to be maintained and followed to counter corruption, it is so because every aspect here it mutually respected without any discrimination, honor or by equality.

Frequentl Asked Questions

1) What are the specific identification links which are being broadly connected with corruption resulting in gross human rights violations?

The key specific identification links which can be broadly be connected with corrupt practices with human rights violations may be found with officials of the public service departments, judges in the courts, parliament members, investigators, officers, police officers, Lawyers, Bankers, Accountants, Business managing people, media and the role of general people as well.

2) How corruption leads to deprivation of Human rights to the citizens?

Corruption truly becomes a dishonest practice as well as unethical measure by a person who has been authoritatively appointed with the trusted work with all responsibilities as well as with all rights and duties as well as obligation to fulfill his conduct in a proper manner, but because of their economic satisfaction they tends to destroy the societal welfare system on which the Governance is working, which causes human rights deprivation to the humans of their illogical conducts so performed.

3) What are the major concerns in the Governance resulting in rise of corruption activities?

Problem of red tap-ism (delay in judicial proceedings), administrative delay, lack of transparency is maintaining accounts and funds, lack of proper goods and services, exercise of personal discretion and powers, etc.

4) What are the gross Human rights violations of citizens, which corruption infringes?

It has been very profoundly said that the corruption really infringes the Human Rights Violations, particularly with human rights of Right to life, Liberty, freedom and equality. It also highlights about the non discrimination rights, Right to participate in politics, fair trial and access to justice, right to information, right to food, water, housing, education, environment, various more economical, social or cultural rights which also may gets violated wither directly or indirectly.

5) Which are such Organization/ Institution which play a major role for leveling down the corruption activities?

For combating the illicit practice of corruption to get stopped and to take action for its extinction, it becomes very much important for some of the organization to come forward with their approaches to trigger out such corrupt practices and destroy them. Such organizations are- Non Governmental Organizations, scholars, role of media, National Human Rights Commission, anti corruption organizations, judicial role.

Edited by Chiranjeeb Prateek Mohanty

Approved & Published – Sakshi Raje