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Once A man show a tree which is close to his home, it was started wilting. As he loves nature, greenery of herbs and trees, he dislike that wilting tree and seriously started thinking to stop its wilting and make its leaves again become green and groom. Out of the mental struggle he found an idea to make it green again and immediately started working on it. He purchased dark green paint and number of brushes from the shop and started painting that tree from the bottom to top with the help of ladder.

   

Upon witnessing serious and sincere efforts of that nature lover, one wise person who was passing by on the way laugh at him. He suggested him that “Oh man.. Don’t paint the tree and leaves to make it green. Think on the cause of its wilting.. that is autumn, I mean lack of humidity in its roots. So, If you really wanted to see this tree green again, please go and feed the water and fertilizer with necessary ingredients in its roots. Your endless and courageous efforts certainly make this tree green again.”

   

This story is just like fairy-tale, but it is very significant with the present scenario of our country, we found hues and cry against corruption everywhere. Our politicians frequently have great talks on corruption. Our religious and social leaders time and again raising their voice against corruption. Not only that, law makers and law protectors also very seriously discussing this issue at length in its judicial pronouncement.  But all in vain.. Instead of decreasing, ‘corruption’ continuously towering to touch the sky. In every new scam, amount of scam left behind previous one.

   

We are frequently hear breaking News on visual media and even in Newspaper headlines novice and larger scam. From the beginning of our independence to till today our country witnessed number of scams and thousand of corruption cases. It is ground reality that, Corruption in terms of monetary benefit or gaining something by illicit means become usual in our day today business.

   

We can heard at every corner of public gathering talks of corruption and blame some particular class of people.. i.e leaders and public servants. Even it is bitter truth that we have penal provisions to curb corruption of only that particular class. Further it is also worth to note that, We always meant to understand by term ‘corruption’ in its superficial meaning and that is ‘dishonest monitory advantage other then legal remunerations’.

   

So, if we want total removal of corruption or if we the people of India really wanted to overcome with this disease, what we need to do is..

A) to find out the root cause of corruption,

B)thereafter make endeavor to remove putrefaction and

C) to enrich it with water and necessary supplements,

I am sure, the wilting tree of civilization would automatically bloom. If we go through the history of our country and gaze on   previous efforts we have made to curb corruption, it could be put as under.

History Of Legislations to curb corruption      

   

By the term ‘corruption’ what We are actually understand and what is law intended to remove is only bribe taking or giving in performance of one’s official duty. We have had penal provisions against corruption in Indian Penal Code since 1857. Thereafter our legislature formed special Act called as PREVENTION OF CURRUPTION ACT. To put check on governmental machinery we have in 2005 Right to Information Act which has given power to seek information to every citizen of India. But it is surface reality that all efforts fall shorts to curb corruption. Hence, we have looked with a steady gaze on LOKPAL BILL this dream also converted in to reality and LOKPAL AND LOKAYUKTA ACT is now reality. At this juncture I must note that whether this statute fulfills the aspirations of public against corruption is different subject which is not aimed here to discuss.

Can strong legislation is enough to curb corruption?

   

Our optimistic hope for curb ‘corruption’ through strong legislation is reasonable but until we understand ‘corruption’ in its real meaning and until we remove its very cause and start treat this disease from its roots, it could not control. We all dislike corrupt practice in government offices. All the people from everywhere out of all strata of society abuse politicians, police, public servants and so on for corruption and wanted to stop all corrupt practice. But, can legislation is enough sufficient to stop.? is still puzzling question. I want all of us to introspect and ask our conscience that, Am I not corrupt..? You may easily answer ‘yes’ and say, I have never demanded bribe from anyone. Any person with high moral character can prevent himself from ‘corrupt practice’ which is penalized by statute but it is not possible for any mankind to remain intact in the general meaning of ‘corruption’ which is a source. We must look for its common meaning.  

LATERAL MEANING OF CORRUPTION

Here I am not intending to define ‘corruption’ as per statute book but in order to remove or overcome ‘corruption’ which is penalized in statute book/Act and committed only by public servant, we must understand basic meaning of corruption. In Hindi Devnagari script Corruption means “BHRASHTACHAR’’ Term is consist of two words ‘BHRASHTA’ and ‘AACHAR’. Now if we define dictionary meaning of term ‘BHRASHTA’ it means fallen (from above); depraved; vicious, sinful, polluted, defiled;  corrupt. And then ‘AACHARA’ means behavior, conduct; good conduct; sacred precept; rules of conduct prescribed by the scriptures or some authority; good manners.

   

As The term ‘corruption’ ’bhrashtachar’ is a euphonic union or coalition of ‘bhrashta’ and ‘aachar’ letters, we may derive its meaning as following-

1) Fallen behavior or conduct

2) Depraved or vicious conduct

3) Not good conduct

4) Polluted or corrupt behavior against sacred precept

5) Receive benefit to which is not actually entitle

6) Take bribe

7) Misuse of position or power

These list is still not complete and may ever remain incomplete…  This all are seeds from which offence of corruption is sprouted.

Who is non-corrupt?

Now, if everyone of us inquire within conscience and ask one simple question that.. Am I non corrupt..? I hope if you are mankind and you are not almighty God or pious deity, your conscious answers you in negative.

   

We have penal provisions for corruption of public servant, police and now politicians also included through lokpal and Lokayukta Act but unfortunately, we have no penal provisions for corruption of Industrialist, intellectual giants like doctors, engineers, lawyers, Chartered Accountants and so on. We have no penal provisions for businessman who corruptly gaining profit. We have no penal provisions for landlords and wealthy people, who evidently exploit poor and downtrodden people with their power. Most of us have somewhere and sometime committed corrupt practice but it is not penalized.

Here I must clear that, it is not possible to frame new penal provisions for such endless corrupt practices. I just want to emphasize that, to remove complete corruption of public servants etc. counterpart of society should not be overlooked. Until we change mindset of society as a whole and implant high moral values within new generation, empire of corruption which is spread everywhere can’t be removed.

So, the crucial question now raised.. that is as; political leaders, public servant are part and partial of society, without transformation of whole society how any specific part of society remain corruption free.?

So, What should be our efforts to curb corruption?

   

If every one of us is corrupt either more or less extent, then if we want to curb corruption our efforts should be to strengthen whole society. Our legislation should strictly adhere to directive principles of state policy of our Constitution. I want to incorporate one of very striking and important provision of our constitution which is envisaged in article 38 directive principles of state policy.

ARTICLE 38 : State to secure a social order for the promotion of welfare of the people

31 [(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

32 [(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations]”

   

This provision has great relevance with embezzlement or corruption. In most of the cases mother of corruption is any one of above-mentioned inequality. When one class of society becomes wealthy, and other class is asked to rule up on them, corruption will automatically increase. We are crying for socialism and equality but we have vigorously thrown out spiritualism (religious faith). Survival of the fittest is a well-known principle.

I think to give complete blow to embezzlement and corruption our country we must fight at three battlefields. 1) Individual 2) Government 3) Society is required.

1)Individual Efforts

It is true that, every time, we behave corruptly or fallen, its reasons are firstly, we lose faith in values and secondly we have uncontrolled desires. When we, however, as a citizen of this pious country, forget sacrifice of selfless patriotic we start commit corruption. Any person when he commit corruption his world becomes limited to him or his beloved only. If he previously taught the lession of our scripture 

वसुधैवकुटुंबम् 

vasudhaiva kutumbakam’

ईशावास्यमिदं सर्वं यत्किंञ्च जगत्यां जगत् तेनत्यक्तेन भुञ्जीथा मा गृध: कस्यश्विद्धनम् 

ishavashyamidam sarvam yatkinch jagtyam jagat ten tyakten bhunjeetha ma grudhah kashyashvid dhanam’ 

meaning thereby, ‘All this here, is permeated by Brahman [The Supreme Soul],whatever there is in this world. Enjoy things by renunciation. Do not covet wealth its belongs to no one.’ Upanishads which are praised and wellknown as pinnacle of human wisdom. But, unfortunately we have lost faith in our own esteemed cultural greatness.

Every citizen should be faithful. Not merely religious but to construct society with high moral values we must be faithful and become real secular. My understanding of secular is not DHARMANIRPEX (No expectation from religion) but ‘faithful’. ‘Faith’ is very important for mankind , I would like to make emphasize on the preamble of Constitution. It envisaged ‘to secure LIBERTY of thought, expression, belief, faith and worship.’ I think this is very important aspect which require due consideration for the betterment of democratic atmosphere in our country. Until we respect and establish faith in mind of every citizen, the terms.. JUSTICE, LIBERTY, FRATERNITY only remains between cover pages of our holy book (Constitution of India).

As an individual we all should respect constitution and strongly adhered to its fundamental duties. Our preamble of constitution and its fundamental duties represents our basic quality and identity.

We need to confess for wrong deeds and take self expiation

ATONEMENT OR EXPIETION for every corrupt deed which is not discovered or cannot be penalized. In the ancient India We have great scripture like smritis in which complete and well established jurisprudence is included. In the YAGYAVALKYA SMRITI and in one other scripture PRAYASHCHITTA MAYUKH there are ways which described for expiation for the deeds for which any person feel guilty, there is a way of discharging this feeling. Way to expiate for self wrong deeds or evil thoughts are basics of what we called asDHARMACHARAN. Even  in Mohmadens there is a command to keep Roza, in Jainism perform PRATIKRAMANA and become pure again while in Christians there is methods of confession before priest.

But again I repeat, we as a nation forgotten all this holy rituals and ancient methods of jurisprudence and stupidly adopted foreigners jurisprudence. Our religious scriptures are meant for purification and protect our conscience to further commission of such wrong act. On the contrary we have established that nothing is an offence which is not clearly branded as an offense. It’s a complete controversial belief.

One of the very important thing which can be helpful in building up powerful and strong moral personality if individual is ‘ideal’ or ‘ hero worship’. It was a time when Swami Vivekanand, Gandhi and Sardar Patel were ideals of Indian youth, while now they are replaced with wealthy people or film hero and heroine, obviously the material which transfers from such ideals make person crazy for worldly things. 

In the conclusion as an individual we require to follow following norms to overcome corruption.

a) we must be faithful and respect other’s faith;

b) Strongly follow preamble and fundamental duties;

c) Clear perception that worldly things like money, power or other wealth cannot make real happyness.

d) Establish everyone own moral standards according to status and expiate for every fallen deed;

e) Everyone must have a perfect ‘HERO’ to follow; 

Legislature/Government

To actually and fundamentally curb corruption, basically government need to do is, to prepare its all policy and planning and the system in order to reduce inequality between to citizen by means of income, status etc. in letter and spirit of Article 38. This article should be foundation stone to construct great democratic BHARAT.

As a state, every act which is against this fundamental expectation of directive principles is require to be shut down immediately. Following are its striking examples. Person who is member of politics, executives, judiciary, police or armed forces enjoys higher status in India as they are powerful. Secondly people who are wealthy businessman, intellectual professionals like lawyer, Chartered Accountant, Doctors, Journalists, Engineers, Religious masters should not be specially treated anyway. This heed would be resulted in decreasing feeling of inequality between citizens. Equal distribution of wealth and natural resources as well state property between all its citizens should be motto of every government.

As early as possible, opportunity to basic things like shelters, food and education, medication should be available and affordable for poorest citizen. For serve this purpose Government may either increase income of poorest citizen or takes back extra earning through any way(tax).

To achieve this goal KAUTILYA’S principles are require to be adopted.     

We are still living in the shadow of colonial rule as there is a special status to some dignitaries and constitutional post holders. Special status to President, Governors, Judges, Ministers, Secretary should be stopped immediately. In our country no one is higher than constitution protection is necessary but special treatment to this dignitaries create sense of inequality in the common citizen.

Simplify procedures of government permissions, sanction, licenses, registrations and other necessary paper work and make it paperless in order to reduce scorning of people. It is also require to make maximum time limit to clear any file and fix the responsibility of concern public servant for delay. Its very admirable that Government of Gujarat has already enacted Gujarat (Right of Citizens to Public Services) Act, 2013 which provide limitations to every work.

Society

   

Corruption is a crime which seriously affects society and its well knitted fabric. To curb corruption society should try to strengthen its religious and educational institutes. They play vital role in building individual character. If systematic study of corrupt people is done, one thing one must derive which is very common is his lake of strength to overcome such temptation. In the present scenario we must worried as a society that, we have lost quality in all institutions. We witnessing number of examples in society where religious heads themselves performs corrupt practice, educational institutions are blindly running for money making, political parties have lost their principles and intellectuals become selfish.

Even we also forget real purpose of education to brought out good qualities in generation and consider education need for money making.  So, as a society we must reconstruct educational and religions institutions.

Conclusion


Corruption is very serious epidemic of any country. It is required to be sweep out vagourasly. To solve this purpose only new legislations is not enough. For corruption free India we must return to our ancient civilization. We must renovate our educational structure. We must sincerely start working to achieve goal of our directive principles of state policy and to give importance to merits, quality and ethics of individual as well. We as a whole society must start respect such persons. And last but not least. we all as an individual be faithful to conscience, religion and country. I hope we the Indian can remove corruption and built a better Bharat.

 

Written by

DHARMENDRASINH G. RANA

ASSISTANT PUBLIC PROSECUTOR

GOVERNMENT OF GUJARAT

RESIDENCE

Ganeshnagar, Opp Taluka Primary School

At & Po & Ta. Valia Dist. Bharuch 393 135

E mail. manusmruti@gmail.com


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