Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 73
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 74
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
Notice (8): Undefined variable: urlPrefix [APP/Template/Layout/printlayout.ctp, line 8]latest-news-updates/why-civil-society-is-right-to-up-the-ante-on-corruption-by-mythili-bhusnurmath-8833.html"/> LATEST NEWS UPDATES | Why civil society is right to up the ante on corruption by Mythili Bhusnurmath | Im4change.org
Resource centre on India's rural distress
 
 

Why civil society is right to up the ante on corruption by Mythili Bhusnurmath

Has civil society gone beyond its remit by refusing to back down on the issue of tackling corruption? The answer to that depends on which side of the on-going debate on the Lokpal Bill you are on. If you are with the civil society activists, then the question just does not arise. For too long has the government dragged its feet on the Lokpal Bill and civil society is entirely justified in using every means at its disposal to force the issue. If on the other hand, you are with the government, then this is nothing but an attempt by a few activists to hijack the legitimate role of government under the guise of speaking for society at large.

Regardless of which side of the debate you are on, there can be no disputing that corruption in India has now reached a level where we can no longer brush it aside as one of the usual ills in any nascent nation-state. The Prime Minister, Manmohan Singh, has acknowledged as much in his interaction with a select group of editors last week, where he admitted his government is being described as the most corrupt ever.

His apprehensions are not without reason. On the contrary, they have just been corroborated by the World Justice Project's (WJP) Rule of Law Index 2011 released late June. On corruption, we rank as the 51st most corrupt out of a total of 66 countries while on 'order and security' or governance, the picture is even worse. We come in at an abysmal 65 out of 66, trailing even Bangladesh (44) and ahead of only Pakistan which is at the bottom of the table.

The irony is we have long stopped comparing ourselves with our South Asian neighbours. Ever since the Goldman Sachs report coined the Bric (Brazil, Russia, India, China) acronym, we've set our standards much higher; at the very least we like to compare ourselves with the Bric economies. But the picture is equally unflattering here.

Among the Bric countries, Brazil comes up best, followed by China with India and Russia bringing up the rear. While China, not surprisingly, fares worst on 'fundamental rights' where it ranks 64 and access to civil justice where it is 48, Brazil does badly on 'order and security (52) and 'effective criminal justice' (43).

We are at the bottom of the Bric league on three key parameters: absence of corruption, order and security and access to civil justice. We fare particularly poorly on corruption where at 51, we rank way behind Brazil (24), China (30) and Russia (39). Likewise, when it comes to 'order and security' where we are 65 compared to China (23), Russia (36) and Brazil (52).

Could our poor ranking be a contributory factor for the dwindling funds flow into India in recent months? Possibly! According to Kotak Institutional Equities , India received just $40 million during the past three months, the least among the Bric economies, compared to China's $1,300 million, Brazil's $484 million and Russia's $365 million during this period.

On the face of it, this is bad news. If our image as a country where there is little respect for the rule of law gains currency, it is only a matter of time before the trend of the past three months gets entrenched. And that is bad news for a country that despite the high domestic savings rate, desperately needs foreign capital to meet its huge infrastructure requirements.

Fortunately, there is some good news. The good news is that on two parameters that hold the key to a possible remedy, limited government power and open government , not only do we head the Bric table, but we also have a respectable position in the global rankings where we rank 24 and 25, respectively.


'Limited government power' measures the extent to which those who govern are subject to law or the institutional checks on government power by the legislature, the judiciary and independent auditing and review agencies. Many of us may wring our hands at each fresh report of the millions swindled during the Commonwealth Games and the 2G spectrum auction, but the fact is none of these would have come to light but for the CAG (Comptroller and Auditor General) report or the Supreme Court's activism and, of course, the media.


'Open government' has two aspects; one, clarity of law so that there is no ambiguity about what conduct is permitted and what is prohibited and two, the extent to which the process by which the laws are enacted and enforced is fair. The latter includes the opportunity to participate in the process by which laws are made and administered, i.e., it looks at whether people have the right to petition the government and whether records of legislative and administrative proceedings and other kinds of official information are available to the public. We do fairly well here too, which is why despite the general mood of despondency over the virtual collapse of governance and rising corruption, the overall picture is less bleak than what one might otherwise suppose.

Of course, as with any study of this nature, the rankings need to be taken with a pinch of salt. But the index is interesting because, unlike similar exercises, it looks at laws as implemented rather than at laws as they exist on paper and comprises factors derived from four universal principles:

Government and its officials are accountable under the law. Laws are clear, well-publicised, stable and fair and protect fundamental rights. The process by which the laws are enacted and enforced is accessible, fair and efficient. Access to justice is provided by a sufficient number of competent, independent, and ethical adjudicators who have adequate resources and reflect the views of the community.

The truth of these principles cannot be denied. The reality is the rule of law affects all of us in our everyday lives. Every section of society is a stakeholder; so when government ignores the voice of civil society, it does so at its peril.