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    BlogLegal BlogsHOW EFFECTIVE IS CORRUPTION LAW IN INDIA?

    HOW EFFECTIVE IS CORRUPTION LAW IN INDIA?

    What is corruption? 

    It took India 100 years to take freedom from Britishers but it seems that; it will take another 100 years for India to be free from corruption. Corruption is a disease dangerous than coronavirus as corona will leave our country in next for months; or in a year but this corruption is something which now gone into the roots of India; and it’s getting hard day by day to cut it.

    Today India stands as the three most corrupt countries in the world; I wish we could say that we are proud of it but unfortunately it is nothing to be proud of. It is very important for people how to give money for corruption to understand that; there is no work which cannot be done without paying money to corrupt people; because by doing this both the one giving money; and the one taking money is breaking the laws of the society which in turn is against the democracy; and for this, a good punishment can be given. 

    Why India is a corrupt country? 

    There are many reasons to blame for India being a corrupt country to understand this; we need to take a look at a few points which make it clear that; why India is a part of corruption – 

    • India being a developing nation where there are a large number of industries being set up; there are multinational companies who want to take control over a large section of economic; as it will give maximum profit all these situations create a great competition in the market; and at a global level due to which those who have money try to get maximum of benefits for which; they are ready to invest either directly in the market or they try to pay in black; so that their work is done.
    • India is a democratic country where people have a right to vote; and form their government but here also maximum times; the reality is different people who contest election invest a large amount of money in the election; through this, they try to buy vote from people; and they pay them large amount mostly these cases are seen in states like Uttar Pradesh; where criminal activities are in large number.
      After getting votes winning the election these corrupt people form the government; and they are in power now; which in turn helps them to earn back all the money they invested in the elections. 
    • The others which can be seen are less salary provided to the employee mostly government employees; when they work and they get less salary they try to earn too from other means; and mostly in black because everybody in today’s society wants their work to be done as early as possible; so if they are asked to pay extra they won’t mind. 
    • If we see India being a developing country there numerous poverty and slum; so when any Illegal work is to be done mostly those people who are in need are chosen; so that they can be paid in black and the work can be done. This is one the reason why a large number of criminal activities take place in different parts of the country.  

    What are the laws for corruption in India?

    There are different laws provided in India in protest of corruption – 

    1. THE PREVENTION OF CORRUPTION ACT 1988– 

    This act was formed by the government to protect the society from corruption; and in case any person or public servant is found with corruption; or taking black money will be punished under this act. The government made recent changes in the act for better working. The amendment act 2018 under these amendments certain changes have been made. 

    The amendment to the definition part which states that the term prescribed has been added. The term undue advantage has been defined and the word gratification has been classified. The term legal remuneration has been classified to include all remuneration. 

    Other key amendments have been made to the same act which includes –

    • The time for trial can now be extended for 6 months; and a maximum of 4 years under section 4 (4).
    • The exception for compulsion has now been exempted under section 8; and a complaint can be filled in a police station within 7 days from when the bribe was given.
    • The commercial organization includes all forms of business structure and section 9 will now deal specifically with a commercial organization.
    • Changes have been made regarding punishment that; if any person in the commercial organization; whether the director or any other; if found breaking the rules of the act will be given specific punishment in the form of fine and imprisonment.

    There are few amendments which are proving to be bad for the implementation of the act; as they made it even more difficult to prosecute and investigate against the government authorities; as we need to take permission from High authorities; who have the power to dismiss them under Article 7, 11, 13; if we want to prosecute any government servant. 

    There are many other acts with regards to control corruption in India which includes –

    • The central service rules 1964; under this, the person appointed for the service has to follow certain rules regarding taking of gifts; or owing to any part of the media in fact they have restrictions from taking gifts from foreign dignitaries.
    • Central vigilance commission 1964; was set up basically it is an investigation and inquiry committee for any of the cases filed under POCA; if any crime has been committed u der the act. 
    • The Income Tax act 1961 is another act that controls the expenditure incurred by the taxpayers; and makes sure that every person with income more than mentioned should tax; so that a check of their income can be kept. 

    How corruption can be controlled in India? 

    There are certain measure we can take to control corruption in India- 

    1. EDUCATION

    As we all know that Kerala has the highest literacy rate in India; and due to this, it is the least corrupt state so it should be taken as an example; and made sure that the literacy rate of India should be increased by educating the citizen; so that they learn their responsibility and when they will know more; and more about their rights it will help them be aware of the corruption.

    2. CHANGE THE GOVERNMENT PROCESS

    We need to keep this in mind that while choosing any person as their representatives; they are free of all the criminal cases; because if we choose a person with the criminal background the authorities will be corrupt; and so the society will never be free of all the evils.

    3. DIRECT GOVERNMENT

    We should be in contact with government directly; so that when any work has to be done it is done with government approach otherwise those in between; and are of selfish nature will always do illegal things; due to which we indirectly become the part of the corrupt environment; as we are not able to reach the authorities.

    4. LACK OF CORRUPTION TREATMENT

    It is very important that; all the laws provided for the evasion of corruption are enforced in the society with full effects; so that whoever tries to break the rule is aware of his punishment and they will be scared of it. It is in the hands of the government to make sure all the rules and regulations are fully effective.  

    Conclusion

    We all are citizens of this country and it is our duty to work with full trust; and loyalty so it is for us to keep a check that we pay our tax on time; and if anyone tries to bribe you to say no it; because there is no work which cannot be done without bribe there are proper rules; and regulation mentioned in the law follow the laws follow the rule say no to black money; say no to corruption and work hard for the nation.

    AN ANALYSIS OF COMPANIES (AMENDMENT) BILL, 2020

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