Govt Policies & Interventions

KEY POINTS

Amendments to PCA

·         It enhances the maximum punishment for bribery from 3 yrs to 7 yrs and the minimum punishment for such an offence from 6 months to 3 years.

·         Bribe giving has been equated with bribe taking, unless the giver can prove that he was acting under duress and reports the bribe given by him to the authorities within seven days.

·         By amending the definition of “undue advantage”, the new law criminalises all receipts other than legal remuneration.

·         Delays in trials are sought to be tackled by mandating that they should be concluded within 2 years

·         If that is not possible, a judge can for reasons to be recorded in writing, extend this limit for 6 months at a time, but in no case beyond 4 years.

·         These amendments, however, hardly go to the root of the problem: Corruption – a cultural phenomenon.

·         In the face of entrenched vested interests, corruption cannot just be legislated away.

·         Anthropologists and political scientists have for long been pointing out that it is a cultural phenomenon.

·         In many contemporary societies a belief exists that corruption is acceptable as a way of life.

Road to future

·         Apart from legislative measures, the government must focus more on

1.       Reducing discretionary controls

2.      Curbing opportunities for abuse of power

3.      Simplifying processes

4.      Promoting transparency

5.      Improving the ease of doing business

·         Also, most importantly, organisations, both public as well as private, must demand much greater accountability from their boards, audit committees and auditors.

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