SPECIAL ASSIGNMENT OF CRITICAL THINKING ESSAY (SACE)

Repeat-2 Examination, March-2021

SUBJECT :- Cr.L.-Socio-Economic Offences (Honours)

SEMESTER :- VIII

NAME :- Lucky Tandon

BATCH :- XIV
I.D no. :- 14/2014/1032
Roll no. :- 75

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR (C.G.)

Question.1 “There is nothing honorable in honor killing.”

In the light of the above statement discuss the nature of offence of “Honor
Killing” and critically analyze the causes of prevalence of this crime. Refer to
important judicial decisions.

Answer- Honour killing is a cold blooded murder of the member of a family
committed  by other members of the same family, based on the narrow perception of
the killer (which is often influenced by the perception of the society) that the victim
has brought upon disgrace and dishonour to the family by committing acts which are
considered dishonourable as according to the perspective of the society.

Female members of the family  are the primary targets of honour killings as the
generic Indian family is inclined towards patriarchy and if the same acts were to be
done by a male member of the family no serious consequences would follow and
certainly not murder.

The savage minds that practice the so called “Honour killing” will find the cold
blooded murder of a family member justified upon commission of (but not exhaustive
of) such acts as :-

 Marrying outside of caste or religion(or having sexual affairs).

 Seeking divorce (even if the victim is a subject of domestic abuse by the

husband).

 Marrying a person without the permission of family members.

 Indulging in sexual affairs before marriage.

 Indulging in extra-marital affairs.

 Dressing inappropriately(violating mandated norms).

 Engaging in homosexual affairs.

 Pregnancy not related with legally married husband.

Where the scales of justice shies away is that even if a women is victim of sexual
abuse the members of the family will ruthlessly murder that women. Honor killing
varies in severity from state to state and nation to nation. India is one of the highly
rated countries in terms of honour killings ,United Nations Population Fund estimates
that as many as 5,000 women are killed annually for reasons of honor with nearly
half of all honor killings occurring in India and Pakistan1.Major cases reported for
honour killings are Punjab, Haryana, Rajasthan, Delhi, Bihar The US Department of
State's Country Reports on Human Rights Practices for 2019 states that honour
killings are "a problem, especially in Punjab, Uttar Pradesh, and Haryana". Because of
the prevalence of ‘Khap Panchayat' or ‘Caste Panchayat' in India, Punjab is the most
well-known state in this respect, with the greatest prevalence of honour killing
instances.

Honor killings are common in Haryana, especially among the upper castes, such as
rajputs and jaats. Honor murders are "chillingly regular in Haryana communities ruled
by the lawless 'khap panchayats' (caste councils of village elders)." “In the landmark
decision of Smt. Chandrapati vs State Of Haryana in March 2010, the Karnal
district court ordered the execution of five perpetrators of an honour killing in Kaithal,
as well as the life imprisonment of the khap (local caste-based council) chief who
ordered the murders of Manoj Banwala(This was the first case where the Khap
Panchayat was for the first time convicted by the court for the case of honour killing)
in India (23) and Babli (19), a man and woman of the same clan who eloped and
married in June 2007. Despite having been given police protection on court orders,
they were kidnapped; their mutilated bodies were found a week later in an irrigation
canal.2”

In the case of Lata Singh v. State of Uttar Pradesh Justice Markandey Katju stated
that “Honour Killings are nothing but cold-blooded murder and no honour is
involved in such killings. The Supreme Court also observed that “inter-caste and
inter-religious marriages should be encouraged to strengthen the social fabric of
society. This is a free and democratic country, and once a person becomes a major he
or she can marry whosoever he/she likes. If the parents of the boy or girl do not
approve of such inter-caste or inter-religious marriage the maximum they can do is
that they can cut-off social relations with the son or the daughter, but they cannot give
threats or commit or instigate acts of violence and cannot harass the person who
undergoes such inter-caste or inter-religious marriage”3
1
https://www.britannica.com/honor-killing

2
Smt. Chandrapati vs State Of Haryana And Others on 27 May, 2011 Crl. Misc. No. M-42311 of 2007

3
Writ Petition (crl.) 208 of 2004
Honour killing has become a gender-specific crime. There are usually occurrences
involving honour killings of daughters and sons-in-law, but there are never any
occurrences involving male honour killings. Those who commit honour killings
frequently explain their actions by claiming that it will serve as a deterrent to others
and will keep them from doing something that would bring shame to their family they
claim that the humiliation caused by the dishonourable acts of  women or girls of
traditional families might be so extreme that it motivates other family members,
particularly male members, to murder the offending family member and restore the
family's honour.

Honour is assumed to be a female-related commodity, with the masculine prerogative

to guarantee that she does not endanger the delicate balance at any cost. A woman is
both a source of security and a source of harm since she is the repository of the
family's and caste's honour. Men rationalise and justify male aggressiveness and
violence toward her out of fear of losing their honour. Honor killings are frequently
considered as a means of ensuring that males in society do not lose their control over
women, and to prevent any behaviour by women that they believe would result in
them losing their supremacy, they resort to homicides in the name of honour.

Historical origins.

As life expectancy was shorter in earlier times due to lack of medicinal research,
females had to give birth to a large number of children in order to balance the high
mortality rate and maintain the population. As a result, women took on
responsibilities related to the house and child care all over the world, while males
took on duties that demanded participation in works such as securing territory waging
war and bringing food. 

As a result, males gained dominance, they were the ones who amassed wealth,
possessions and acquired respect. Thus the everyday chores of women were taken for
granted and were not ascribed the same status as risking their lives for the community.
Men eventually acquired control of society. Their weaponry, trade commodities, and
information garnered from interaction with other communities were their sources of
power. Women were reduced to second-class citizens, subject to the judgments of
males. 
Men began to believe that they were fundamentally superior,even today, patriarchy is
supported with cultural norms that serve to justify male supremacy, such as the
designation of some activities as "not acceptable" for women. With the passage of
time, males came to equate women's behaviour with pride and honour. This sense of
pride or honour has led to men's supremacy over women. They began to regard
women as their property, and women's sexual behaviour was connected with men's
dignity and disgrace.

Male dominance might be the outcome of a variety of factors. Because most males
are stronger than most women and survival in groups which necessitated hand-to-
hand conflict, thus “Males became the warriors, and women became the reward that
enticed men to risk their lives in battle.”

The concepts of honour and shame, as well as their application as justifications for
violence and murder, are not limited to a single society or religion. Honor and honour-
based violence are represented in numerous historical events and works of literature.
Honour murders have existed since ancient Rome, where the “pater familias”, or
senior male within a home, was given the authority to murder an unmarried but
sexually active daughter or an unfaithful wife. Early Jewish law prescribed death by
stoning for an unfaithful woman and her companion, hence honour-based crimes were
known in mediaeval Europe.

Honour killing has been practised in India from ancient times. People have been
murdering family members since ancient times, and these killings have been justified
as an effort to safeguard the family's honour. Honour killings have mostly been a
gender-based crime in the past, and have been used as a weapon to maintain
patriarchal authority in society over women. However, this does not mean that the
man has been spared from the effects of the evil. (There have also been cases of males
being killed, primarily as a result of them indulging in homosexual practices or
refusing to marry in an arranged marriage, but killing of females for honour vastly
outnumber killings of male members for the same reason.).

Underlying Principles and causes.

The Caste System - The ruling caste has economic and political dominance over the
rest of the caste system. In the native caste structure, a ruling caste may have a high
ritual status. if not superior in religious matters, the ruling caste may have high
prestige due to its money, political influence, and numerical strength. Its supremacy
over other caste groups is also influenced by the presence of educated people along
with dominance in demography.

 A single dominating caste clan might sometimes govern a large number of villages in
a given area. The ruling caste arbitrates disputes between members in their own and
other castes.The members of family from the top ruling class are usually the
representatives for the village in interactions with officials. This dominating caste
usually is against the minority caste and ruthless and hostile decrees are given in cases
involving a member of a minority caste. A pattern emerges where it can be noticed
that usually the person sought to be killed off belongs to such a minority caste. Thus ,
in essence a war between two castes ends up taking life of helpless individuals.

Khap Panchayats.- Khap Panchayat is a federation of a few villages found mostly in

north India, however it may be found in other parts of the nation in similar
configurations. They have recently developed as quasi-judicial entities that impose
draconian punishments based on centuries-old norms and traditions, sometimes
bordering on regressive responses to current issues.

Elder citizens often from multiple villages belonging to dominating castes partake in
meetings forming “khap panchayats” (which lacks any legal or constitutional
backing) which sentences its so called “righteous judgment” of killing the helpless
individuals that bring dishonour to the caste. The individuals in conflict with the rules
beset by such a “Khap panchayat” are truly helpless as their own family members turn
against them in order to retain and preserve their “Honour in the society” and from the
fear of being banished from the society.

These authorities establish specific laws that must be followed by the communities
under their authority, and non-compliance with these norms results in severe
repercussions. These Khap Panchayats are frequently cited as a source of crimes like
as honour killings. These organisations, like other aspects of village life, set standards
for weddings, and any marriage that violates those standards is viewed as a defiance
of those standards, and is punished with harsh and severe sanctions.

“ An annulment of the marriage, declaring the married couple to be siblings and

dissolving their marital ties, ostracising the families and ordering executions,
temporary or permanent excommunication, corporal punishment, religious expiation,
and forcing the girl to divorce her husband are examples of such punishments. One of”

the most heinous manifestations of violence is death by caste panchayats. In most

cases, violence and death are preferred rather than endorsing or tolerating a mixed
marriage.

Laws Regarding Honour Killings in India

Under the Constitution of India - The Indian Constitution has several clauses that
allow a person to express his or her freedom of choice regardless of caste, religion, or
gender, as well as protection from honour-related crimes such as honour murders.
Articles 14, 15 (1) and (3), 17, 18, 19, and 21 of the Indian Constitution are also
violated by such killings. The right to equality before the law, or equal protection
under the law, is guaranteed under Article 14 of the Indian Constitution. Every
individual, regardless of status or position, is subject to the regular courts' jurisdiction.

Indian Penal Code - Honour killings are under Sections 299 and 300 of the Indian
Penal Code since they involve the murder of a specific individual, usually a woman.
Murder and Homicide are usually the heads under which a perpetrator committing the
heinous crime of Honour Killing is charged with.

The Protection of Women from Domestic Violence Act, 2005 The aggrieved
person is defined as "any woman who is, or has been, in a domestic relationship with
the respondent and alleges to have been subjected to domestic abuse by the
respondent,"4 according to the Act. This rule protects women against abuse not just in
their husband-wife partnerships, but also in the homes of persons with whom they
have a domestic connection.This protects women from violence within their
relationships by marriage.

Special Marriage Act - The major goal of the Special Marriage Act of 1954 was to
establish a special form of marriage for Indians and Indians living abroad, regardless
of their religion or faith, to accomplish the planned marriage. The Act applies in
situations when Khap Panchayats have forcibly separated married couples who are of
marriageable age.

4
Section 2(a) The Protection of Women from Domestic Violence Act, 2005
International Laws

United Nations Convention on the Elimination of all forms of Discrimination

against Women (CEDAW 1979) - To which India is a ratified signatory and its
provisons may be justified in arguing can be used to argue that the tradition and
practise of punishing individuals for having ill-informed ideas about dishonouring the
family is essentially institutionalised discrimination against individuals, and that
India, as a State Party to the Convention, has a legally binding obligation to take all
measures necessary to end all forms of honour killing and ensure that no
discrimination occurs again, ensuring that they have the same right to marry and to
freely choose a partner, as well as to marry with their free and complete consent.

International Covenant on Economic, Social, and Cultural Rights (ICESCR

1976) Signatory countries are required to take all reasonable means to ensure that
everyone has access to the greatest achievable quality of physical and mental health.
Sexual and emotional assault, as well as physical and mental torture, are examples of
Honor Crimes that hinder women's right to the best possible health. As a State Party,
India is legally bound to guarantee that persons and victims of honour crimes have
access to this right.

“Honour Killings” a topic in need of serious and urgent Legislation

In 2010 a Public interest litigation was filed by Shakti Vahini (non-profit organization
that was authorized for conducting Research Study on “Honour Killings in Haryana and
Western Uttar Pradesh” by order dated 22.12.2009 passed by the National Commission for
Women) under Article 32 of the Constitution of India which sought for the Supreme
Court of India to issue directions to State and Central governments for:

1. Preventing and combating Honour crimes.

2. Submitting national and state plans of action.

3. Constituting special cells in each district for safe stay of couples.

Apart from this the petitioner also prayed for issuing a writ of mandamus from the
Supreme Court to the State governments to prosecute and take strict measures against
the heinous crime of Honor killing.

Response of the Supreme Court.

The PIL filed in the year 2010 the Supreme Court took 8 years to deliver the verdict
on Honour crimes and in a verdict delivered in February of 2018 upheld the choice of
consenting adults to love and marry as part of their fundamental rights.

In the observations made by the Hon’ble Supreme Court the terror which was
inflicted upon women was highlighted and the Court provided a list of actions that
trigger Honour -based crimes which may be produced asunder:

1. Loss of virginity outside marriage.

2. Unapproved relationships.

3. Refusing an arranged marriage

4. Asking for divorce

5. Demanding custody of children after divorce

6. Causing scandal or gossip in the community

"'Khap Panchayats' or such assembly should not take the law into their hands and
further cannot assume the character of the law implementing agency, for that
authority has not been conferred upon them under any law" Thus where a couple
marries while not being of a same caste or Gotra or if one of them belongs to other
religion, or their marriage is a bit unorthodox as according to elder members of a
family or society It does not mean that some group or individuals can separate this
couple.

In addition to this, the Supreme Court in March 2018 stated that it will provide a list
of guidelines to the state and the police enforcements to make sure that if a couple
marries within the same gotra or different caste or religion and there are indications
that they might be harmed then it is the duty of the State and Police enforcements to
protect them. The supreme court also directed the government to create an Act for the
protection of these couples and until such an Act comes into force the guidelines
provided by the Court are to operate in a levity not lesser than that of an Act.

In order to counter problems posed by Honour killings the court iterated that there
was a need of preventive, remedial and punitive measures. The court largely laying
down outlines to the regulations, left it to particular state governments to carve out
specific methods from the presented directions as according to the needs and
exigencies of a particular region. The measures are briefly produced as follows:

Preventive Steps -

1. State government to identify frequently reported places where honour killings occur
(last five years) and advise officials to be extra cautious regarding the same.

2. Upon receiving Information of Khap panchayats to any official such information is

to be forwarded in line of order till the rank of Superintendent of police.

3. The officials are to arrive at location with force (if needed ) to counter of such
panchayat and warn them that such assembly is illegal. If assembly still persists then
the meeting is to be videotaped, and if it is seems probable to officials present that
such a meeting cannot be prevented or is likely to cause harm to couple or members
of family, then they must propose to DM or SDM of the area to issue order under
Cr.P.C section 144 and also by causing arrest under section 151.

Remedial measures.

1. If Panchayat meetings still take place despite preventive measures, F.I.R to be

immediately lodged under appropriate provisions, causing arrest of those in conflict
with the directions. Information of which is to be given to S.P /Dy.S.P which in turn
ensure that effective investigation of the crime is done and taken to its logical end.

2. Immediate steps should be taken to provide security and if needed taken to a safe
house under supervision of S.P or D.M.

3. Power has been provided to book members of panchayat under section 151 of
Cr.P.C if they have been reported.
Punitive Measures

1. Upon failure of officials to comply with directions issued(not preventing incident

despite having prior knowledge or where incident already occurred and criminal
proceedings not instituted) by the court departmental action to be taken against them.

2. Special cells to be created for receiving of Petition /complaints regarding

harassment and/or threat to couples of inter-caste marriage.

3. Special fast track courts to be set up for Honour killing where trials are to be
concluded within 6 months from the date of taking cognizance of offence.

Conclusion and way forward.

Honour killings have evolved as a societal scourge, all societal institutions must step
forward in order to effectively curb this scourge. The most important is the institution
of Press and Media which has the power to bring consensus of thought and reciprocity
of minds in a society.

The educational institutions must also profess the importance of sharing knowledge
regarding honour killings and the subject must be brought to frequent public debates
in order to instill upon the minds of every citizen as to just how real and evident the
problem of honour killings actually is.

The image of caste system must be tarnished in the eyes of the society and the cruelty
resulting therefrom must be brought to light for all to witness. Marriages of individual
from different castes are to be celebrated as it is only through such marriages the
ghastly institution of Caste can be decimated.

The supreme court in its 2018 verdict has paved a way through its directions but it is
the people of the society that must achieve the destination through traveling the road
of righteousness, patience and perseverance.
Question. 2 "Just as it is impossible not to taste honey or poison that one may find at
the tip of one's tongue, so it is impossible for one dealing with government funds not
to taste, at least a little bit, of the King's wealth.”

In the light of the above statement of Kautilya discuss the nature and scope of
corruption as a prevailing evil and critically analyze the legislative and judicial
perspectives on it.

Answer. Corruption according to the Black’s Law Dictionary is defines as “The act of
an official or fiduciary person who unlawfully and wrongfully uses his station or
character to procure some benefit for himself or for another person, contrary to duty
and the rights of others”. The word Corruption owes its etymological origins to the
latin “Corrumpere” which roughly translates to take bribe or destroy.

It is difficult to come up with a definition of corruption that is comprehensive,

globally relevant, and generally acceptable. Corruption and corrupt activities are
defined differently in each nation. It is referred to as "the misuse of public position for
private benefit" by the World Bank and other international agencies. It entails a public
servant soliciting or extracting a promise or receiving a present or any other benefit in
exchange for the performance or omission of an act in violation of the office's
obligations. The simplest definition of corruption is, any act or omission by a public
”

servant for securing pecuniary or other material advantage directly or indirectly for
himself, his family or friends, is corruption. ”

It is considered as unethical, immoral and illegal practice since historic times and it is
said to have been embedded in human nature where there exists a continuous flux
between righteousness and evil inside each person and what ultimately matters in the
end is the part an individual chooses to act upon.

Corruption has been extensively elaborated by Kautilya (also known as Chanakya) in

his treatise “Arthashastra” This comprehensive book on statecraft is prescriptive or
normative in character, belonging to a literary form that proposes what the state
should be rather than what it is5. However, it's important to remember that norms are
only imposed when deviations or anomalies are present. This indicates that corruption
was so widespread in ancient India that it required professional assistance on how to

5
(cited in Brown, 1959)
combat it. Kautilya has provided various examples in his book in order to better
explain corruption. One such instance is where he states “Just as it is impossible to
know when a swimming fish is drinking water, so it is impossible to find out when a
government servant is stealing money” .6

History/Nature/Scope of Corruption.

Throughout history, revolutions have typically been the consequence of corruption

and nepotism among kings and officials. The French Revolution was sparked by
massive government corruption, while the Russian October Revolution was sparked
by bureaucratic corruption. There were laws regarding punishment for providing false
evidences in exchange of money and assets in the kings court of the Babylonian
empire, similarly the King of Egypt allowed for the death penalty for any clergyman
or official who took a bribe in the course of their judicial responsibilities.

According to Surendranath Dwivedy and Bhargava7 Payment for favours given for
services performed was the norm in the past. The parties' payment to the Judge for
dispensing justice was likewise standard procedure. This "prepared the way for the
highest bidder to buy justice."8

When judges were allowed to take fees from the parties, it was impossible for them to
be neutral in the administration of justice, and the scales of justice frequently tipped in
favour of the side who could afford to pay the judge properly. This practise led to
corruption, which gave rise to the concept of State's obligation to pay its officials,
judicial or otherwise, and that every official of the State was supposed to make
decisions based on the law and his conscience, not on the size of the reward.

“Thus bribery as a crime was the product of refined jurisprudence and the concept of
Rule of Law which were more or less unknown to the earlier system”9

Causes and effects of Corruption.

6
R. Shamasastry, Kautilya Arthasastra, 2005, p. 127.

7
Political Corruption in India. (1stEdn. 1967), p. VII.

8
Ibid at p.128.

9
Report of the Santhanam Committee on Corruption, 1963, p.6, quoted in Twenty-nineth Law Commision of
India, 1966.
Corruption can be caused by a variety of factors at both the institutional and
individual levels. Many causes, such as a loss in religious beliefs or public morals,
have been recognised by experts from various fields, uncertainty about what
constitutes acceptable behaviour, in the public sector, there is a disconnect between
the official and informal standards that regulate behaviour.

1.Economic circumstances.- The mixed economy idea has given rise to both private
and public sector companies. In actuality, individual entrepreneurs do not have
complete control over all aspects of trade and commerce. Almost 60% of its
commercial agreements are under the supervision of the government. It has authority
over financial matters advanced by financial corporations, banks, and other
government agencies including issuing liscences, land acquisition, sales tax and
commercial tax registration and collection issuing of raw materials, Import and export
licences and permits are issued. and, to some extent, the setting of its product prices
and to some extent providing facilities for transportation.

2.Political Circumstances. - Political parties flourish in a democratic nation by

attempting to seize power. The winning party's leaders are appointed to different
posts, including ministers, deputy ministers, and parliamentary secretaries. Rather
than serving the community, they spend their time in government pursuing personal
and political goals. They seek to collect the large quantities of finances which
are spent on the election in order to please their party members. In order to procure
finances political figures depend on their political position to attract dishonest
officials and businessmen sitting on high chairs throughout the country and engage in
nepotism.

3.Social Circumstances.- People's wants has multiplied excessively since the arrival

of modern civilization in our nation. Every man want to make use of the amenities
provided by civilization. Everybody thinks they can attain them in a single day.
Everybody want to succeed and partake in the benefits of modernity. However, due to
a lack of resources and a poor financial situation, hopefuls turn to unethical acts like
as smuggle, theft of public properties, hoarding, black-marketing, bribing authorities,
and passing their time in bars, restaurants, and brothels. As a result, the country's
youth are becoming increasingly dissatisfied. There is a widening economic divide
resulting from socioeconomic stratification through urbanization and globalization.
The social concept was perfectly summarized by Mr. N. Vittal 10, the Former Central
Vigilance Commissioner where he states that there are mainly two factors which are
responsible for the levity and extent of Corruption the are The social roots of
Corruption and The system of governance.

4.The family- is the foundation of our civilization from a sociological standpoint. The
expanded variants of the family are the joint, family, and caste. Although the joint
family has diminished in recent years, particularly in metropolitan areas, caste kinship
still exists. Casteism continues to gain popularity because it appears to be the
foundation of our whole political system.

In his book he famously quotes that “From “casting our votes” in the first election in
1952 we have come to a stage of “voting a caste”, these days”11 The close bond of
people to their family is the fundamental cause of corruption. In this circumstance,
nepotism is understandable.

An office worker believes that he should be capable of earning sufficiently not just
for himself and his lifespan, but also for his offspring, and even for further
decendants. That is most likely the driving force behind the corrupt's massive
economic growth in our nation.

5.Dowry System - The dowry system is a key societal factor that encourages
corruption. Every public servant wishes for his daughter to have a happy marriage,
and there is constant pressure to "provide a minimum amount" of dowry. This might
be one of many factors why, towards the end of their careers, even government
workers who have lived a clean life become corruptible. The dowry system is
unquestionably one of our country's societal origins of corruption.

6.Public conscience - One of the most important role is played by the common man
in factors contributing to corruption where an individual bribes a public servant and
goes on with his life not understanding the fact that if the cumulative wealth of the
society spent on bribery were to be utilized to strengthen the economy then they
would not need to bribe officials in the fist place. The lax attitude of the common man
towards corruption is also one of the contributing factors. And with a mere six percent
10
N. Vittal, Corruption in India : The Road block to National Prosperity, (lst.-Edn. 2003), pp. 19-22.

11
Ibid at at pp. 18-23.
of cases regarding corruption actually resulting in conviction the officials, as well,
indulge in it freely.

7.The system of governance. - Our country's governing structure is the second factor
that contributes to corruption. Because all political parties must collect contributions
in cash, which is black money, our democracy is founded on corruption.Corruption
works against transparency, accountability and rule of law. It also diminishes the
credibility of state institutions and authority and undermines good governance.

In the case of State of Jammu and Kashmir v. Vinavananda 12, the Apex court said that
: “Corruption at any level, by any person of any magnitude is condemnable which
cannot be ignored by the Judicial courts, when proved. No leniency is required to be
shown in proved cases under the prevention of corruption Act, 1988, which itself
treats the offence under it as of a special nature to be treated differently than the
general penal offences. No populous or sympathetic approach is needed in such
cases.” and in the case of jayalalitha vs Union of India 13 Justice - Nanavathi. opined
that corruption corrodes morals and corruption by public servants not only leads to
corrosion , of the moral fabric of .the society but also harmful to the national economy
and national interest, as the persons occupying high posts in the Government by
misusing their power to corruption can cause considerable damage to the national
economy, national interest and image of the country. Thus the levity and extent of
corruption was evident and serious legislation and amendments in existing legislations
were required

Legislative measures to combat corruption.

1. The prevention of corruption Act 1988 - One of the most significant issues
facing every administration is the elimination of corruption in public posts. The
Indian government has took legal action to address the menace from time to time in
preventing the menace of corruption. The law regarding corruption in India was prior
to the Act of 1988 largely unconsolidated and there were three separate law I.e the
original Prevention of Corruption Act of 1947 Penal provisions from the Indian Penal
Code 1860 SS. 161-165A and The Criminal Law (Amendment) Act 1952.

12
2001 Cri.L.J. 957 : A.I.R. 2001 S.C. 611 at p.612.

13
1999 Cri.L.J. 2859
The prevention of corruption Act of 1988 was a piece of social legislation enacted
with an object to prevent the evil practice of corruption and to consolidate other Acts
involving issues regarding Corruption. It came into force on 12th September, 1988.
The Act was amended to make it a criminal offence to possess wealth
disproportionate to the income of a public servant that cannot be satisfactorily
explained. The 1988 Act is comparatively a small enactment consisting of thirty one
sections and extending to the whole of India except to the state of Jammu & Kashmir.
The prior act of 1947 was considered ineffective and inadequate in dealing with
corruption and bribery thus, The Santhanam committee was appointed by the
government to review current laws and make suggestions which would ensure speedy
trial of cases regarding corruption and bribery.Santhanam committee played a major
role in shaping of the Act. The committee submitted its report in March of 1964,
Where it made several amendments to the Act of 1947 such as increasing the powers
of investigating officers and made punishment to have a greater deterrent effect.
Owing to the committee report the Central Vigilance commission was set up with
M.Shrinivas (Retd. CJ) as its First commissioner, he concluded that it was not
possible to truly root out corruption and inefficiency without tackling political
corruption.

2. Indian Penal Code.- Section 161 seeks to counter taking of bribes by a public
“

servant and states Public Servant taking gratification other than legal remuneration in
respect of an official act.Section 162 provides for Taking gratification in order by
corrupt or illegal means to influence public servant. Section 165 Public servant
obtaining valuable thing without consideration from person concerned in proceeding
or business transacted by such public servant. Section 169 pertains to a public
servant unlawfully buying or bidding for property. The public servant shall be
punished with imprisonment of upto two years or with fine or both. If the property is
purchased, it shall be confiscated. Section 409 pertains to criminal breach of trust by
a public servant. The public servant shall be punished with life imprisonment or with
imprisonment of upto 10 years and a fine. ”

Agencies involved in combating Corruption.

The Central Vigilance Commission(CVC) is an independent vigilance institution
which is answerable only to the parliament, The CVC is an advisory body which
advises and reviews the Central Government authorities regarding planning and
execution against corruption.

The CVC was set up on the recommendations of Santhnam committee and later the
Parliament enacted the CVC Act2013 in order to grant it further legitimacy. The CVC
is empowered to enquire into Corruption and offences committed under the
Prevention of Corruption Act 1988 and the Indian Penal Code. The CVC heads the
committee for the appointment of the Director of Central bureau of Investigation.

The Central Bureau of Investigation was established by the Home Ministry in 1963
and DSPE(Delhi Special Police Establishment) is its Investigative wing).

Comptroller Auditor General. Is a Constitutional body created by Article 148 of the

Constitution of India it is the primary body with respect to audit and accounting of
government and other public authorities(under whose name public funds are spent)
The function of the CAG has grown in importance in recent years, as CAG Findings
have been scrutinised by judiciary and were at the centre of public interest lawsuits
involving government contracts.

The Delhi High Court and the Supreme Court have ruled that under certain situations,
even private firms can be audited by the CAG.The parliament made the CAG Act
1971 in order to grant further legitimacy and statutory backing to the CAG to better
disperse its duties and functions of Auditing.

The CAG has been responsible for the discover of some of the most controversial
corruption scandals in Indian history The office of CAG is responsible for carrying
out investigations and audits regarding Finances and Remunerations received on
accounts by public officials of both the Central and State Governments

Lokpal. - On January 5, 1966, the Indian government established an Administrative

Reforms Commission, which was chaired by Morarji Desai. They devised the concept
of a Lokpal, an impartial agency charged with investigating corruption in high ranks
and executive positions.

The Lokpal Bill was originally proposed in the Lok Sabha in 1968, and eight more
efforts were made in 1971, 1977, 1985, 1989, 1996, 1998, 2001, and 2011 until it was
ultimately approved in December 2013 and notified on January 1, 2014. The Lokpal
is independant from and superior to various other agencies such as CVC (as the CVC
provides the Lokpal with details and information on the the accounts and offices of a
person which is sough to be investigated by he Lokpal) or CBI.

Anna Hazare launched the anti-corruption campaign by fasting to death and

demanding the passage of the long-delayed Jan Lokpal Bill (Anti-Corruption Law).
Anne Hazare's anti-corruption movement is regarded as a watershed moment since it
compelled the government to embrace civil society's demand for the Lokpal Bill.

The anti-corruption ombudsman, or Lokpal, is empowered under the Lokpal Act of

2013 to examine any accusation of wrongdoing against any public institution,
including the Prime Minister. However, a two-thirds majority of the committee must
agree to begin an inquiry on the Prime Minister.

The inquiry of the public servant will be carried out by two distinct wings of Lokpal.
One is the inquiry wing, which is led by the Director of Inquiry, and the other is the
prosecution wing, which is led by the Director of Prosecution, and is responsible for
prosecuting public servants in regard to any complaint filed by the Lokpal under this
Act. The Lokpal has disposed off 1470 cases regarding corruption and has sought
status report on 32 of these reports. The Lokpal also has recently acquired 3 high level
corruption cases on Aug 20, 2020 which are being investigated by it.

Conclusion and way forward.

Despite the numerous changes and legislative restrictions made made regarding
corruption, it does not appear to have served much of a purpose, as bribe takers are
seldom prosecuted and convictions are uncommon. It is due to the fact that laws alone
are unable to battle the evil of corruption. The collective awareness must be awakened
in order to confront this societal evil. It is necessary to transform one's heart and
mentality.

This issue must be addressed on various levels in our society. To combat the threat, a
larger social movement educating people about their rights through legal literacy
camps is required, particularly in rural regions where people are still generally
illiterate and unaware of their rights, making them easy target for exploitation.

It would be unrealistic to expect the government to bear the whole cost of combatting
corruption; citizens must also contribute to the objective of eradicating corruption.
The Lokpal In order to combat corruption, the ombudsman's institution should be
reinforced in terms of functional autonomy as well as staff availability. The
appointment of a Lokpal is insufficient in and of itself.

The government should address the concerns that have prompted many to call for a
Lokpal. Increasing the size of the government by bolstering investigative agencies
will increase its size but not necessarily enhance governance. The administration's
slogan of "less government, greater governance" should be followed to the word and
spirit.