International Anti- Corruption Day

On the occasion of the International Anti-Corruption Day, Prayatna, working in the area of good governance through RTI and PIL is also a member of TII (Transparency International India) in collaboration with CRIL(Cell for Research in International Law) in  -National Law Institute University (NLIU) organized an interactive session of eminent personalities with youths from various educational institutions. The program was organized at Swaraj Bhawan on 9^th December 2010 at 3.30 pm. Names such as Shri P.P. Tiwari, Chief Information Commissioner, M.P., Shri Surendra Singh, AGP known for his impeccable reputation, Shri Sanjay Dubey, Shri Sanjay Saxena, Smt. Meera Singh, Shri Vijay Manohar Tiwari  and Shri Ajay Dubey were present at the discussion. 

Sh. Tripathi observed that intellectual integrity is important and economic integrity was merely a result. RTI allows a rational man to figure out whether something has been done honestly or not. A man at a public post should have limited privacy. He felt that corruption could go down by almost 50% if people began to feel that their acts could be exposed. Even if they weren't actually punished, a change in the environment would certainly be brought about. He addressed the students and told them that they should not indulge in it and expose it where ever they find it.

Sh. Surendra Singh elaborated upon attitudinal change which could be both curative and preventive. One should stop blaming and accept that all of us are corrupt because often, when a person is receiving the benefits of corruption, such that his work is being done quickly, he often does not accept it as a manifestation of corruption. He further delved into the mean-end debate in context of today's materialistic world. People should be prepared to not accept a preferential treatment. India has a high population and low resources, therefore, merely relying on enforcement of laws has its limitations. He pointed out that a person could be elected to a public office despite allegations against him if the case was sub-judice. Cases in India often take more than a decade to be resolved. He also spoke about the vehement opposition to the Unique Identification Scheme since it would greatly curb the Benami Corruption. He said that the UID will go a long way in getting rid of this culture which according to him was the bone marrow of corruption.

Sh. Tiwari who is a successful journalist shared his experiences about a certain Bagwar village which was idyllic in nature in terms of complete self-sufficiency and therefore, no scope of corruption.

Sh. P.P. Tiwari, Chief Information Commisioner, Madhya Pradesh spoke of the MGNREGS where maximum corruption could be seen but had not been exposed due to lack of motivation and awareness. He said that the labourers were not getting their dues. Even where the corruption was exposed, no action had been taken. Moreover, RTI applications were often misused as a means of blackmail. He elaborated upon the fallacies of S. 27 and S. 28 of the Right to Information Act, 2005. It is an example of excessive delegated legislation where rules were being made ultra-vires to the main Act. This was ruining the main purpose of the Act. 

Sh. Ajay Dubey further elaborated upon S. 28 of the Act which allowed State Legislatures and High Courts to make rules. He asked a fundamental question whether the state legislatures could alter the very essence of the law made by the Centre. He quoted examples from the Madhya Pradesh scenario where the MP High Court made a rule that Rs. 500 should be paid for RTI on a tender and the State Legislature incorporated rules made by the State under S.8 (which speaks of exemptions from disclosure) of the Act. 

This was followed by a question-answer session where the students posed engaging questions to the information commissioner and former IPS officer as to how to oppose corruption when faced with in daily life. Concluding remarks were delivered by Dr. Arya who thanked all our esteemed guests including students and members of the civil society for making the talk a successful venture.

Launch of the Advocacy and Legal Advice Centre (ALAC)

Launch followed by an interactive Session

ORGANISERS:

CELL FOR RESEARCH IN INTERNATIONAL LAW AND PRAYATNA

On 9^th December, 2010, on the occasion of International Anti-corruption Day,NGO, Prayatna, working in the area of good governance through Right to Information and Public interest litigation; a member of TII (Transparency International India), in collaboration with CRIL(Cell for Research in International Law) and National Law Institute University (NLIU) organized an interactive session.

The chief guest for the occasion was Mr. Tiwari, Chief Information Commissioner, Madhya Pradesh. The occasion was also graced by the eminent presence of Mr. Surendra Singh, ADG. There was representative participation from all quarters including the Public departments, media, NGOs and also the young generation represented by the young legal minds from NLIU, Bhopal.

The occasion was also marked by the formal launch of Advocacy and Legal Advice Centre (ALAC) as a joint endeavour of TII, Prayatana and CRIL with a primary objective to fight corruption by providing legal information, advice and assistance to victims and witnesses of corruption, enabling them to know their rights and pursue complaints.

The interactive session resulted in a very healthy discussion and dialogue taking into view the practical niceties of the issue.

Mr. Tiwari identified the Mahatma Gandhi Rural Employment Guarantee Programme as one of the worse examples of corruption in India at a grass-root level which affected the most deprived sections of the society.

Mr. Singh emphasized that curative mechanisms would not be enough to fight corruption and must also be supported by certain preventive mechanisms.

The Benami Culture in India was identified as a “Bone Marrow” of corruption in India and therefore the Universal Identification Number was unanimously agreed to be a welcome change which would curb the menace of corruption.

A zero tolerance agenda against corruption and self- responsibility of the common man were emphasized as primary steps to eliminate corruption.

By the launch of ALAC, the first step towards the campaign against corruption has already been taken; ALAC would be fully operational from the month of February, 2011.

Group Discussion on Corruption and Development

The Student Discussion

The group discussion took place on the afternoon of the 4th of September and was presided over by Dr. Raka Arya. The discussion was initiated by our President, Ayush Sharma who began by saying that corruption in India has come to a forefront in the light of the Commonwealth Games scandal which makes it an international affair. He mentioned that in the United Nations Convention on Corruption, which India has signed but not ratified yet, there are many provisions which are not in conformity with our legal system. Thus, we find it hard to create a nexus between the two. For instance, the definition of public servant in the convention is much wider than how we use it. Also, there is no action against a corrupt civil servant after his retirement. He further said that we have been unable to internalize many such concepts which have been laid down in the UN convention.

Our Vice-President asked if anybody could point out exactly when Corruption began. The unanimous opinion was that it has existed since time immemorial and in many forms such as embezzlement, bribery, misappropriation of public funds etc. Students pointed out that there were three root causes that have led to the rampant spread of corruption - (a) Lack of Awareness - Can we do something? (b) Cynicism - Will anything change even if we try? (c) Acceptance - This is how the system works and this is the easiest way out. This led to the general conclusion that we have internalized the concept of corruption.

It was opined by the students that awareness should be specially at the grass root levels. Not only about the rights and recourses but also as to what are the benefits of raising their voice. Further, it was stressed that there needs to be an increase in the empowerment of people. Most people turn to dishonest means for the sake of convenience. The government must ensure that people get all there services in a timely and adequate manner.

The discussion next turned towards whether Corruption was directly proportional to Development. Some students opined that with the increase in Development, the scope for Corruption increases, however, others maintained the view, that it is only the increase in development which can actually curb the menace of corruption. The example of the US was quoted which was opposed by a student quoting a report of the year 1998 stating that the level of corruption in the US when it came to arms deals was very high. A student also pointed out that Corruption affects development to and one of the biggest hindrances that India faces is the widespread corruption, that is why despite continuous economic growth, India fails to find its place in the list of developed nations.

It was further commented that economic disparity plays a pivotal role in the increase of corruption. A two-sided effort needs to be made, where the citizens are more assertive of their rights and the Government is more accountable, open and transparent. Increase in E-governance was suggested. It was pointed out that the Central Vigilance Commission is merely an advisory body and what we need today is a stringent and effective implementation of laws. This led the discussion to whether the pioneer of justice - our judiciary itself is free from corruption. The fact that Dinakaran, J. has not been suspended, merely transfered seems to be a proof of the same.

This discussion was concluded by saying that our mindsets need to be changed and more powerful measures need to be suggested in order to deal with corruption on a large scale.

Comments of Dr. Arya


Whereas she felt that the discussion was interesting, she pointed out that a number of things were missing from it. She felt that there was a need to discuss more about Ombudsman, the Right to Information Act and the provisions of the Prevention of Corruption Act.
The public money is given for a particular objective and if it is not used for that purpose then that is where corruption begins.
She further stated that the fundamentals of good governance were Accountability and Transparency. There must be regular declaration of where and how the public funds are used in an annual report or a half-yearly statement. Parties affected by such use have the right to be constantly informed of how these funds are being used. Vested interests for misuse of these funds may range from getting money, status or position. First and foremost we need to identify such an objective.
She differentiated between need and greed. Corruption arises from the need to accumulate wealth. As far as the CWG situation is concerned, she said it was not possible that the head of the ruling party is not aware. They must be held accountable.
There is a need to examine the laws related to corruption, whether they are strong, effective and viable enough. This, she said, would be done in the next group discussion.

GD on Corruption

On the request of the student body, CRIL invites you to a Group Discussion among like minded students on

“Corruption and Development in India”

Corruption, defined as 'the abuse of public power for personal ends', has always existed but during recent decades, however, it has grown both in terms of geographic extent and intensity.  Does development impact corruption? Does corruption stunt development? What are the sites and forms of corruption? Is there a need for a multifaceted approach for curbing corruption? If you are as perturbed as we are about the humiliating state of affairs keeping in view the events of the recent past, then come and join us –

Date: 4^th September 2010

Time: 11.30 a.m.

Venue: Academic Block

You do not need to sit down and listen…This time it is your turn to speak!

Panel Discussion on Fighting Corruption

The Cell for Research in International Law at the National Law Institute University, Bhopal in collaboration with Transparency International, India and Prayatna, an NGO working in the field of the Right to Information organised a panel discussion on “Fighting Corruption and Promoting Governance” on Saturday, 31st July,2010.

The panellists were distinguished personalities like Shri S.C. Tripathi, the former DGP of Madhya Pradesh; Shri K.S.Sharma, the former Chief Secretary of Madhya Pradesh; Dr P.Rajagopal, Chairperson; Ms Anupama Jha from Transparency International, India and Mr Ajay Dubey, Secretary, Prayatna. The panellists expressed that greed and maladministration were the root causes of corruption. They opined that corruption is not taken seriously in India. This was observed in light of the corruption in the upcoming Commonwealth Games, 2010 in New Delhi. It was observed that the laws and the procedures prescribed by them are archaic. A drastic change in the Indian legal system was suggested by the panel. Dr P. Rajagopal discussed the citizen charter and its objective of setting up a responsible government. Mr Ajay Dubey, a well known RTI activist explained the role of RTI Act in fighting corruption. Procedure to file an application under the RTI act was also discussed by him. Mr. Ravindra Jain, the editor of Raj Express enlightened the audience about corruption in public life. By giving examples from real life, he not only had the audiences in splits but also conveyed a very strong message.

Post- lunch, a documentary on corruption in the police department written and directed by Mr. Upendra Verma, himself a former member of the police was screened. Lastly, the most awaited question and answer round took place where students and teachers asked intriguing questions to the panellists resulting in an interactive session. The panellists emphasized that until there is a change in the very nature and behaviour of people at an individual level, rich and poor, young and old alike; it was very unlikely that the malaise of corruption can be nipped into the bud.

On the whole, the discussion was well attended and it turned out to be an informative experience for one and all. We would like to extend our sincere thanks to all the esteemed panellists who spared their valuable time for this event. Not to forget our very own, Dr. Raka Arya, faculty in-charge of CRIL for her constant and unending support which led the event to be a success. We are looking forward for such discussions in the future.

THE CRIL TEAM