Corruption
in India is now a major concern for all patriotic citizens because of
scams galoresuch as Satyam, IPL, CWG, and 2G Spectrum etc., etc..By all
objective criteria, India today has by far one of the most corrupt
governance.It is fueled by greed and single-minded adherence to
materialism.
Corruption generally is any inducement, or bribe, to do or not to do anything that the bribe giver wants from the bribe taker who otherwise will not do or will do. By this broad definition even dowry payments is corruption. We are however concerned here with misuse of public office for private gain either for oneself, family or friend. This represents a governance failure and hence of primary national concern. Corruption is therefore inherently bad for the efficient functioning of any economic system. It blurs the incentive to perform and discourages relying on merit as a means to success.
It is prosecutable in India under the Prevention of Corruption Act which was re-cast in 1988, or Money Laundering(Prevention) Act, which any citizen can set into motion subject to some safeguards such as Sanction. A more drastic law sought by the civil society at large, to be known Lok Pal Act obviates the requirement of Sanction, and institutes an independent prosecutor who can order a CBI inquiry without government permission. Corruption under the case laws of the Supreme Court is also sue-able such as under the Doctrine of Public Trust, for malfeasance in office.Hence, attach or confiscate the properties public officials once they are convicted of the crime.
However, India although is a signatory to the UN Convention Against Corrupt adopted by the General Assembly in October 2003, it has not yet ratified the Convention. The Convention however came into force on December 14, 2005 when the 38 countries ratified it. Its asset recovery provision is very appealing, and yet the Indian government is not yet moved to ratify the Convention. Switzerland was therefore compelled to enact a law called Restitution of Illicit Assets Act[2010] especially of “Politically Exposed Persons”. It was by this Act that Egypt’s Mubarak’s and Libya Gaddafi’s accounts in Swiss Banks were frozen.
Corruption generally is any inducement, or bribe, to do or not to do anything that the bribe giver wants from the bribe taker who otherwise will not do or will do. By this broad definition even dowry payments is corruption. We are however concerned here with misuse of public office for private gain either for oneself, family or friend. This represents a governance failure and hence of primary national concern. Corruption is therefore inherently bad for the efficient functioning of any economic system. It blurs the incentive to perform and discourages relying on merit as a means to success.
It is prosecutable in India under the Prevention of Corruption Act which was re-cast in 1988, or Money Laundering(Prevention) Act, which any citizen can set into motion subject to some safeguards such as Sanction. A more drastic law sought by the civil society at large, to be known Lok Pal Act obviates the requirement of Sanction, and institutes an independent prosecutor who can order a CBI inquiry without government permission. Corruption under the case laws of the Supreme Court is also sue-able such as under the Doctrine of Public Trust, for malfeasance in office.Hence, attach or confiscate the properties public officials once they are convicted of the crime.
However, India although is a signatory to the UN Convention Against Corrupt adopted by the General Assembly in October 2003, it has not yet ratified the Convention. The Convention however came into force on December 14, 2005 when the 38 countries ratified it. Its asset recovery provision is very appealing, and yet the Indian government is not yet moved to ratify the Convention. Switzerland was therefore compelled to enact a law called Restitution of Illicit Assets Act[2010] especially of “Politically Exposed Persons”. It was by this Act that Egypt’s Mubarak’s and Libya Gaddafi’s accounts in Swiss Banks were frozen.
An
international watchdog committee conducted a study on the illicit
flight of money from India, perhaps the first ever attempt at shedding
light on a subject steeped in secrecy, and concluded that India has been
drained of $462 billion (over Rs 20 lakh crore) between 1948 and 2008.
The amount is nearly 40% of India's gross domestic product.
One of the worst problems with corruption in India is the creation of “black money,” i.e.,
money that is used in such transactions which is neither taxed nor is
spent openly. It travels to and from secret bank accounts abroad, or,
worse, is used by the corrupt to indulge in gross luxurious consumption
and bribery. Black money also funds elections and there is no proper
accounting. It tempts the receiver to stash and salt away part of the
campaign funds. Since elections leads to political power of those thus
funded and enriched, future governments become bribe-compliant and
therefore protect the crooked.
This
money enables politicians and business persons to carry cash around the
world for pleasure, and sometimes even be caught with it. For example,
on September 27, 2001, Rahul Gandhi and his live-in girlfriend were
arrested by the FBI at Boston’s Logan airport with $ 160,000 in cash,
for declaring it to the US Customs. US law requires cash at hand of more
than $10,000 to be so declared. But he was let off after nine hours in
FBI custody at the intervention of the then BJP- led government, which
for some mysterious reason had played guardian to Ms.Sonia Gandhi and
her family throughout their tenure.
1. Impact of Corruption : Corruption impacts on economic development of a nation in five dimensions:
- Decisions taken for corrupt motive sub-optimises the allocation of scarce national resources and hence in the long run lowers the rate of growth in GDP. It also encourages buccaneers and robber barons to flourish instead of innovative entrepreneurs.
- By the use of bribe money which escapes the tax net and is mostly stashed away in banks abroad or in trunks in safe houses, is deployed in luxury goods purchase, ostentatious life, splurging in five star hotels, real estate, and on partying. This raises demand for luxury production and services, and in turn distorts investment priorities. In India 70 percent of the investment goes directly or indirectly to sustain the luxury sector.
- Unaccounted bribe money is lent to hoarders and speculators who then cause artificial shortages and thus inflation and property bubbles.
- Since the most in corrupt activities would be in public office, they enact laws to not only to safeguard the booty by lax criminal investigations and prosecutions, but to enable earning interest or return on the bribe money. The invention of Participatory Notes (PNs) and the Mauritius Tax & Capital Gains exemption treaties is aimed at that sordid objective [see below].
- Corruption enables beneficiaries to involve foreign governments seeking influence and criminal gangs resident abroad to launder money and provide protection
Hence, as a country becomes industrialized, its governance and
corruption challenges do not disappear. They simply morph and become
more sophisticated: It becomes a complex phenomenon than just transfer
of a briefcase stashed with cash in a Swiss bank. The formation of shell
companies in tax haven islands, for example, makes the tracing of the
money trail very difficult.
Now
subtler forms of "legal corruption" also exist e.g., an expectation of a
future job for a regulator in a lobbying firm, or a campaign
contribution with strings attached. In many countries this may be legal,
even if unethical. In industrialized nations undue influence is often
legally exercised by powerful private interests, which in turn influence
the nation's regulations, policies and laws.
2.Subversion of the Indian Financial System by Corruption :
As
I have pointed out in my earlier writings, the Participatory Notes (PN)
which account for 55% of the foreign funds into the Stock Market in
India have no requirement to comply with even the SEBI disclosure rules,
and are obviously meant for laundering black money of politicians,
industrialists and even including those of terrorists. Even after
Tarapore Committee ridiculed the PNs, the SEBI had to keep silent
because the then Finance Minister P. Chidambaram favoured P-Notes to
launder ill-gotten money of his own and of his political masters. The
lack of ethics and patriotism thus appears maximum inside the government
today.
Investments
through the P-notes route are believed to be largely responsible for
sudden, unexplained fluctuations in the stock-market indices, including
the huge falls which have even resulted in suicides in Dalal Street. The
Finance Ministry however has failed to answer why this special
exemption to P-Notes is being provided. The Ministry has refused to
publish the list of P-note holders, along with their details and the
amount of investment, on its website, or on the website of SEBI, or
anywhere else. The Finance Ministry does not track the names of the
owners/promoters of beneficiaries of that company. Hence company using
P-notes in the BSE could well be promoted or funded by an Osama
bin-Laden, a Dawood Ibrahim orthe late VelupillaiPrabhakaran?
Corruption as a Grave National Security Threat :
In
his address to the 43rd Munich Conference on Security Policy on
February 11, 2007, M.K.Narayanan, the National Security Advisor to the
Government of India, listed out the various ways by which terrorists in
India were funded. He admitted: “Instances of terrorist outfits
manipulating the stock markets to raise funds for their operations have
been reported. Stock exchanges in Mumbai and Chennai have, on occasion,
reported that fictitious or notional companies were engaging in stock
market operations. Some of these companies were later traced to
terrorist outfits”. This is a truly shocking admission.
Thus,
the Government of India is well aware that terrorists are parking funds
in Indian ventures. Yet the Finance Ministry has done nothing about the
system of P-notes, which gives terrorists the additional benefit of
anonymity while making hefty investments in the Indian market, which
could later be used to fund terrorist activities against the Indian
people in India!
According
to conservative estimates, there are over Rs.2,50,000Crore Rupees worth
of P-notes issued abroad by FIIs and brokers being actively traded in
the Indian market! At present P-Notes fuels about 53% of all foreign
investments in the stock markets of India.
While
an Indian citizen in India has to provide his/her address proof, photo
ID proof, PAN details, etc to open even an ordinary savings bank account
in a local bank, foreign investors can hide their identity under a
sub-account by making use of Participatory Notes to route their
investments, often running into hundreds of crores in a single
transaction. In one transaction about the time the 2G spectrum licences
were given, Ms. Sonia Gandhi had issued a single certified cheque of Rs
18,000 crores to Ketan Parikh at his London Office to buy P-Notes! The
main reason thus for the popularity of a P-note is in fact the anonymity
it provides to crooks and terrorists.
Indians have about $ 0.5 trillion to $ 1.5 trillion in Swiss banks alone, not to mention Liechtenstien, Isle of Man, Cayman Islands, Macao etc.,etc.. They are the largest deposit holders in Swiss Banks! In
1991 the respected Swiss magazine Schweitzer Illustrate published the
by-product revelations of the Marcos investigation from which,Sonia
Gandhi,it can be seen had been a legatee of Rajiv Gandhi’s assassination
to Rs.10,000 crores(in 1991 exchange rate) in illegal Swiss bank
deposits. Earlier this money used lie in the Swiss Bank vaults, but now
thanks to Participatory Notes[PNs] and the Mauritius route, this money
is returning to India and in the BSE to earn windfall profits. All this
money can be brought back by legal methods within two months, but the
UPA government has shown its brazen determination to block that by
dragging its feet in the Supreme Court or by brutally beating the
satyagrahis at the Swami Ramdev gathering in Ramlila grounds.
Then
what is the cure ? In the short run of course, prosecuting and
convicting the corrupt big fish of society is the way of curbing the
greed by setting these crooks and traitors as examples. But the cure for
the long run is that we must imbibe Hindutva by a national movement and
political churning, and without hesitation or obfuscation.
Long
years ago, DeendayalUpadhyaya had in his seminal work:Integral Humanism
had warned the nation of this greed driven materialistic society. He
said that our cultural values are based on Sanatana Dharma, thus
embodied as Hinduness or Hindutva. This means that while we pursue
material growth it has to be harmonized with our spiritual values to
prevent it lapsing into greed. Greed legitimizes corruption because then
acquisition of wealth becomes an end objective of life.
Such
a life can never assure happiness as now many rich Americans converting
to Hindu faith are declaring openly. The richest and famous Oscar
winning Hollywood actress Julia Roberts recently converted with her
husband and children to Hinduism, and declared that in seeking personal
contentment, Hindu values showed her the way. This why our Swamijis are
attracting so many rich Westerners to their ashrams.
In
a society based on Hindutva, wealth cannot determine a person’s social
status. It is vidya and tyaga leading to vairagya that merits the
highest social status. Even wealthy persons by philanthrophy can get
social status. Rishis Bhrigu and Bharadwaja thus devised the Varna
system of society which regrettably now has degenerated into a
birth-based vested interest of communities. Thus, Hindutvarenaissance
culled from Vedanta is the cure for greed and of corruption in the long
run. This should be every patriotic Hindu’s battle cry for the coming
war against corruption.
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