The winter session has come to an end, but parliamentary committees continue to meet to discuss important issues.  Some of them are:

  • Lok Sabha Committee on Ethics | 21 Dec 2010 | Agenda: Adding to procedure of Lok Sabha,  rules to incorporate a committee on ethics, specify its functions and procedures to be followed by the committee
  • Lok Sabha Committee on Empowerment of Women | 21 Dec 2010 | Agenda: Informal interaction with with NGO Shakti Vahini on the subject Honour Killings and other forms of violence against Women
  • Committee on Water Resources | 21 Dec 2010 | Agenda: Evidence of the representatives of the Ministry of Water Resources on The Dam Safety Bill, 2010
  • Committee on Information Technology | 20 Dec 2010 | Agenda: Briefing meeting with the officials of Ministry of Information and Broadcasting on the subject, Issues related to Paid News
  • Committee on Finance | 21 Dec 2010 | Agenda: 1. Oral hearing of the representatives of (i) Confederation of Indian Industry (CII) and (ii) US India Business Council (USIBC) on the Insurance Laws (Amendment) Bill, 2008’. 2. Further oral evidence of representatives of Ministry of Finance (Department of Revenue) and Enforcement Directorate on ‘Tax exemptions and related matters in respect of IPL/BCCI’

 The last few months saw a number of allegations of corruption in issues such as contracts for the Commonwealth Games, allocation of  2G Spectrum, and the building of the Adarsh housing society.  Professor Kaushik Basu, the Chief Economic Adviser to the Ministry of Finance, has proposed a modification in order to make the anti-corruption law in the country more effective.  The Prevention of Corruption Act, 1988 penalizes both bribe giving and taking.  Bribe giving is punishable under the Act with imprisonment ranging between six months to five years.  He argues that bribe giving should be legalized. Professor Basu distinguishes “harassment bribes”, which he defines as “bribes that people often have to give to get what they are legally entitled to” from the remaining, “Non-Harassment Bribes” which would involve illegal benefits accruing to the bribe giver at a potential cost to the public interest.  He argues that legalization of harassment bribes would reduce the nexus between the giver (victim) and the taker of a bribe. Giving complete immunity to the bribe-giver would ensure higher reporting and co-operation of the giver in bringing to justice the bribe taker. The present law acts as a deterrent to reporting of bribery. Courts have also highlighted this issue. The High Court of Delhi in the Bharadwaaj Media Case (2007) observed that a “bribe giver is normally on the mercy of the officials and babus who compel him to pay bribe even for lawful work.The Court further observed that “Instead of expressing gratefulness to the persons who expose corruption, if the institutions start taking action against those who expose corruption, corruption is bound to progress day and night.”  It can be inferred from the judgement that steps ought to be taken to provide protection to those exposing bribery. The proposed legalization of bribe-giving may result in increased reporting of bribery and co-operation of the victim during prosecution. The fear that a bribe giver may report the public official could reduce corruption, at least in terms of harassment bribes. However, this proposal may reduce the stigma attached to bribe-giving and result in corrosion of morality. Much of the recent debate around corruption and the Lok Pal Bill revolve around effective prosecution. This paper looks at the incentive structure for reporting bribe-giving, and merits public debate.