1.

CORRUPTION AND HUMAN RIGHTS IN

INDIA

NAME: Priyanshi Baheti

CLASS: FYB.com

DIVISION: A

ROLL NO.:057

NUMBER OF WORDS :1532

 INTRODUCTION:
Corruption:

Corruption is a form of dishonesty or criminal offense undertaken by a person or organization

entrusted with a position of authority, to acquire illicit benefit or abuse power for one's
private gain. Corruption may include many activities including bribery and embezzlement,
though it may also involve practices that are legal in many countries. Political corruption
occurs when an office-holder or other governmental employee acts in an official capacity for
personal gain. Corruption is most common in kleptocracies, oligarchies, narco-states, and
mafia states. [citation needed]

Corruption and crime are endemic sociological occurrences which appear with regular
frequency in virtually all countries on a global scale in varying degree and proportion.
Individual nations each allocate domestic resources for the control and regulation of
corruption and crime. Strategies to counter corruption are often summarized under the
umbrella term anti-corruption. Additionally, global initiative like the United Nations
Sustainable Development Goal 16 also has a target to substantially reduce corruption of all
forms.
Human Rights
Human rights are moral principles or norms for certain standards of human behaviour and are
regularly protected in municipal and international law. They are commonly understood as
inalienable, fundamental rights "to which a person is inherently entitled simply because she
or he is a human being" and which are "inherent in all human beings", regardless of their age,
ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable
everywhere and at every time in the sense of being universal, and they are egalitarian in the
sense of being the same for everyone. They are regarded as requiring empathy and the rule of
law and imposing an obligation on persons to respect the human rights of others ,and it is
generally considered that they should not be taken away except as a result of due process
based on specific circumstances.
The doctrine of human rights has been highly influential within international law and global
and regional institutions .Actions by states and non-governmental organisations form a basis
of public policy worldwide. The idea of human rights suggests that "if the public discourse of
peacetime global society can be said to have a common moral language, it is that of human
rights". The strong claims made by the doctrine of human rights continue to provoke
considerable scepticism and debates about the content, nature and justifications of human
rights to this day
Corruption & its impact on governance in India
Corruption has been considered to have a very wide and intrinsic effect upon each and every
level of working whenever it comes to making up of Governmental Decisions, whatsoever
may be concerned with it, whether in line or in staff of the hierarchy of the placing or
regulation of any Decision. When in the year 2001, Corruption perception Index was
prepared by the Transparency International, the India stood on 72nd position, where the total
spots of the Country were 91.

It becomes very indispensable and this paragraph becomes the central highlighter of the
Article as well as very common subject matter, the way Corruption is playing with such a
huge and successful democratic set up of India. Corruption not only pits into danger the
working or the quality structure of the Governance but also provides resistance when it comes
to elaborately discuss upon the democratic system as well as various statehood which are
inter connected with such system.

The corruption practices can be found where high rated work of the system works such as in
making up of the contracts, signing up of the deals or purchasing equipments in relation with
the defense force of the country, which is the matter of the security for the whole of the
nation and when citizen comes to know about such disputes, it feels very disappointment and
dissatisfies with the actions of corruption in system, causing is shake the trust and belief of
citizens.
Major causes of Corruption
In the past, when the crimes of corruption were increasing, the Central Government
establishes a committee to find out such illegal omissions which are being performed and
were increasing the corruption activities were need to be identified. Thus the Santhanam
Committee was enforced and the committee found various causes or measures by which the
corruption was prevailing into the system. The committee highlighted various causes, from
them some of them are as follows – problem of red tap-ism (delay in judicial proceedings),
administrative delay, lack of transparency is maintaining accounts and funds, lack of proper
goods and services, exercise of personal discretion and powers, etc.

Two distinct divisions have been made in India in relation with classifying the corruption as
well as its practice. One is exploitative corruption and another one is collusive corruption.
Starting with the former type of corruption, as the name indicates that the exploitative
corruption, where the public servant or the private individual or a party, performs specific
task by which the citizens or the state has to suffer in leading with certain irregularities within
the functioning of the state. And the latter part includes in the collusive form of corruption
the citizen, who corrupts the public servant for making their work easy by giving them better
benefits and bribe.

Impact of corruption on Human Rights

The role of State in the modern era is much wider as compared to the past activities of it.
Thus the State and its authority need to be more aware about the corruption activities
whatsoever prevailing. As the role of the State should always be lie in the welfare and
accustomed to the welfare of the general public at large and guarantee them without any type
of discrimination, the all human rights of which they are being prescribed by the Law of
Land. Therefore State has certain duties and obligations for the protection of Human rights
which shall be protected, fulfilled and respected without any discrimination.

Corruption & specific Human Rights

How corruption can contribute to the gross violations as well infringement of the human
rights has been disused in various Human Rights Norms and instruments such as:-

UDHR– Universal Declaration of Human Rights, 1948

ICCPR– The International Convention on Civil & Political Rights- 1966

ICESCR– International Convention on Economic, Social and Cultural Rights, 1976

These are such Basic structures which are there for the protection and promotion of the
Human Right Violations and thus Corruption has also been highlighted in these very
documentations. It has been very profoundly said that the corruption really infringes the
Human Rights Violations, particularly with human rights of Right to life, Liberty, freedom
and equality. It also highlights about the non discrimination rights, Right to participate in
politics, fair trial and access to justice, right to information, right to food, water, housing,
education, environment, various more economical, social or cultural rights which also may
gets violated wither directly or indirectly.

Right to participate in the political activities so prevailing

From Human Rights perspective, it becomes very much indispensable to participate in the
political activities so involves in the society without facing any kind of difficulty or
discrimination in standing for such acts which are involved with the decision making process
affecting individual as well as the society as whole. Right to Vote, Right to stand for
Election, Right to access over public services.

Now in reference to the political agendas certain mishaps gets created which violated the
human rights of the citizens and which affects them directly as well as indirectly resulting in
gross human rights violations. Such as various practices like- taking of bribery, abusing any
office or the system as well all those aspects which infringes the free expression of the will of
the citizens thereof.
Several Economic, Social & Cultural Rights
Corruption implies that there are some of the steps which the State is not able to fulfill in the
right direction whether it is about allocating of funds, accounts, health care, education and
housing. Taking up of Bribes and not using optimum resources for the economic, social and
cultural rights violates the human rights.

Need for linking Human Rights to Corruption

If Human rights violations are occurring because of such illicit practicing of corruption, it
will surely somehow be linked directly or indirectly with the public’s welfare measures. The
key specific identification links which can be broadly be connected with corrupt practices
with human rights violations may be found with officials of the public service departments,
judges in the courts, parliament members, investigators, officers, police officers, Lawyers,
Bankers, Accountants, Business managing people, media and the role of general people as
well.

CONCLUSION:
The Spread of corruption not only obstructs or hinders the violation of gross human rights
violations but also defames the nation and thus to protect the nation’s authenticity as well as
to avoid such misdeeds to be happen, education and awareness will help in eradication of the
effects of corruption. Law, rules, policies, statutes, legal framework, regulations, orders all
such enacts have to be maintained and followed to counter corruption, it is so because every
aspect here it mutually respected without any discrimination, honor or by equality.

BIBLIOGRAPHY:
1. http://lawtimesjournal.in/corruption-human-rights-in-india/

2. https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/
9780198077329.001.0001/acprof-9780198077329#:~:text=More-,The%20malaise
%20of%20corruption%20has%20become%20deeply%20embedded%20in
%20the,growth%2C%20and%20access%20to%20justice.

3. https://academic.oup.com/icon/article/11/1/265/776206

4. https://nhrc.nic.in/press-release/nhrc%E2%80%99s-recommendations-
%E2%80%9Ceffects-corruption-good-governance-and-human-rights%E2%80%9D