nexus between human rights , public servants and corruption in India

1. Rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic
origin, colour, religion, language, or any other status.
All equally entitled to human rights without
discrimination.
These are interrelated, interdependent and indivisible.
Inalienable rights

2.  Equality and non-discrimination.
 Right to political participation ie right to
vote, to stand for elections, right to freedom
of association and assembly and right to
equal access to public services.
 Economic, social and cultural rights like right
to food, water, housing, education etc,

3. obligation to respect, to protect and to fulfill.
 The obligation to respect requires the state to
refrain from any measure that may deprive
individuals of the enjoyment of their rights or
their ability to satisfy those rights by their
efforts.
 The obligation to protect requires the state to
prevent violations of human rights by third
parties.
 The obligation to fulfill requires the state to take
measures to ensure that people under its
jurisdiction can satisfy basic needs that they
cannot secure by their own efforts.

4.  Corruption threatens the Rule of law,
democracy and human rights, undermines
governance, fairness and social justice,
distorts competition, hinders economic
growth, and endangers the stability of
democratic institutions and moral
foundations of society.

5.  “Just as it is impossible not to taste the honey
that find itself in the tip of the tongue, so it is
impossible for a Government assistant not to
eat up, at least a bit of King’s revenue.”
Kautilya

6.  Associated with public servant
 It is related to giving or accepting some kind
of compensation in the form of money, office
or position for a service rendered in an illegal
form or by over stepping one’s legal authority
 The simple form of corruption can be found
in the purchase of a railway ticket by paying
an extra amount to the ticket collector or
procuring a license for the establishment of
an industrial unit.

7.  Greed, circumstances, opportunities and
extra money to maintain standards
 Rising cost of living and wide gap between
real wages and opportunity to make quick
money
 Consumerism and desire for an ostentatious
lifestyle
 Evil social practices like dowry and pressure
of payment for education

8.  The state obeys the Constitution's (negative)
injunctions against interfering with certain of
the citizen's liberties
 Also fulfills its positive obligation to protect
the citizen's rights from encroachment by
society.
 But corruption has scuttled the realization of
fundamental rights, discouraged any scope
for the development of egalitarianism, and
thereby hindered the process of achieving a
social revolution.

9.  It’s the cause and an effect of poor governance
and the resultant violation of human rights.
 When the government fails or neglects to curb or
contain corruption, it fails to fulfill its obligation
to promote and protect fundamental human
rights in the country.
 Nihal Jayawickrama, executive director of
Transparency International ("Corruption - A
Violator of Human Rights", 1998), 1. Corruption
perpetuates discrimination; 2. Corruption
prevents full realization of economic, social and
cultural rights; and 3. Corruption leads to the
infringement of several civil and political rights.

10.  Corruption distorts the principle of equality
before the law and equal protection of law,
which is enshrined in the Constitution.
 Corruption results in the breakdown of the
governance machinery and violates the
fundamental rights guaranteed to citizens.


11.  Corruption may amount to direct violation of
human rights, when state or an official acts or
omits in a way that prevents individuals from
having access to that right.
 Indirect when corruption is a necessary
condition in a chain of events that lead to
violation of human rights.

12.  Indian Penal Code, 1860
 the Prevention of Corruption Act, 1988.
 The Benami Transactions (Prohibition) Act,
1988
 The Prevention of Money Laundering Act,
2002
 India is also a signatory (not ratified) to the
UN Convention against Corruption since
2005.

13.  Right to Information Act,
 Public servants (Forfeiture of Property
Act),1999,
 Whistle blowers Bill,2010,
 Foreign Exchange Management Act,
 Customs and Income Tax legislations etc.

14.  The Central Vigilance Commission (CVC) - a statutory body that supervises
corruption cases in government departments. The Central Bureau of Investigation
(CBI) is under its supervision. The CVC can refer cases either to the Central
Vigilance Officer (CVO) in each department or to the CBI. The CVC or the CVO
recommends the action to be taken against a public servant but the decision to
take any disciplinary action against a civil servant rests on the department
authority. Prosecution can be initiated by an investigating agency only after it has
the prior sanction f the central or state government. Government appointed
prosecutors undertake the prosecution proceeding in the courts.
 the state Anti-Corruption Bureau (ACB).
 Cases related to money laundering by public servants are investigated and
prosecuted by the Directorate of Enforcement and the Financial Intelligence Unit,
which are under the Ministry of Finance.
 The CBI and state ACBs investigate cases related to corruption under the
Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860. The CBI’s
jurisdiction is the central government and Union Territories while the state ACBs
investigates cases within the states. States can refer cases to the CBI.
 All cases under the Prevention of Corruption Act, 1988 are tried by Special Judges
who are appointed by the central or state government.

15.  The judiciary,
 the NHRC,
 the civil society,
 NGO’s,
 the media

16.  The Central Government has come up with draft
anti-corruption policy prescribing a clear time
frame for sanctioning authority to communicate
its decision. The Government is also working
upon an anti graft law, the prevention of bribery
of foreign public officials and officials of public
International organizations Bill, 2011. Moreover
the Government is committed to draft a strong
“Jan Lok Pal Bill”.
 Good law and strong institution
 The need to focus on simplifying procedures,
reducing discretion, eliminating arbitrariness,
and increasing transparency in the way of
Government functions.

17. Thank You