Thursday 19 December 2013

What the passing of the Lokpal should not result in

The Lokpal Bill gets passed and there is multi-party rejoicing. I still firmly believe that a Lokpal is not the solution to India's endemic corruption problem. The passing of the Bill will drive us further away from addressing the substantive and procedural law issues that are at the core of the problem, as most see the Lokpal as a magical and mystical fix to everything that's wrong with this country. I see it as a dangerous precedent of running to establish external bodies every time we are faced with execution or operational challenges in upholding the law. That to say the very least is an escapist approach for a young nation. 

Now since the albatross is slung around our neck I do hope this does not mark an era where the Lokpal is perceived as the only necessary anti corruption legislation that required passing. Parliament should take it upon itself to pass the following legislations on a war footing - Prevention of Corruption (Amendment) Bill 2013, Prevention of Bribery of Foreign Public Officials and Officials of Public International Organizations Bill 2011, Whistleblowers Protection Bill 2011 and the Public Procurement Bill 2012.

After these Bills are passed, the onerous task of defining guidelines for compliance with the new offences / policy / procedures will need to be elucidated along with a comprehensive investigation and prosecution strategy. While we do need convictions to establish deterrence, the multitude of authorities dealing with corruption need to also consider administrative and financial sanctions which will have a far greater impact on the supply side of bribery, bringing its viability into question - which unfortunately has not been addressed so far leaving bribery as the more viable alternative.

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