Undoubtedly, we
are continuously proceeding ahead in achieving advancement of our civilization.
Though it is a natural process of development as the necessity is the mother of
the inventions and discoveries, we need to make efforts also to meet our
growing requirements. With the passage of time, we have developed our
requirements to the new heights, providing them new dimensions and
classification – individual requirements, family requirements, community
requirements, national requirements, global requirements and so on.
Accordingly, our methods also change from individual to individual, community
to community and country to the country.
Some time, our
individual requirements prevail over other requirements and this step creates
problems for others. Our greed or ego enters in and there starts differences.
Some time, we reconcile and sit peacefully. But when we do not reconcile, we
try to settle the disputed matter through many forums or methods like being
polite in our exchanges, employing money and other materials/channels in the
process, using force/threats etc. to create pressure and/or being diplomatic.
It is also true that while settling the matters/differences, one party may feel
to get some injustice and the other party may feel happy. Here too, in spite of
having settled, the aggrieved party does not sit coolly unless that lacks
sufficient resources to follow up. If really, there is some injustice which has
been accepted due to pressure or coercive measures adopted by the opposite
party, it won’t bring the desired peace of mind.
What do you mean
by the word “Injustice”? It is an unjust act which affects someone or some
other ones in social, financial and/or emotional terms, an act that inflicts
undeserved hurt, involving unfairness to another or violation of one's rights.
Martin Luther King, Jr. quotes, “Injustice anywhere is a threat to
justice everywhere.” Injustice of any kind is injustice. Even rigid justice is also
injustice. But injustice never rules forever.
When the
criminal court system was established its intent was to punish the guilty in a
humane way and to set the innocent free. From personal experience I observe
that the court system is now not about innocence or guilt. The court system is
about whom you know and money, usually forcing most people into an involuntary
plea. How would you expect that you are going to have fair play in getting
justice? Those who get benefits out of turn appreciate judiciary overwhelming.
Why does judiciary not take action against majority of its officers and
employees who take bribe or do not perform their duties properly when they
understand that even a minor slip or mishandling on their hands can cause
terrible losses to the persons who come for seeking justice? The corrupt
practices carried on in the corridors of the judiciary temples have made the
process so costly that the poor people never feel easy to go to judiciary for
justice. There are millions of cases pending for disposal but neither the
judiciary or the Government is serious to take action for early disposal. Those
who have got influence get their matters settled as per their convenience.
Money and terror too prevail over the judiciary, it appears.
In Criminal
Justice, the most important real - world fact about our
criminal justice system is that a person accused of crimes enjoy no
advantages, no matter how many rights the courts and legislatures have
apportioned them. For the overwhelming majority of cases, they have no
opportunity to exercise any of their rights. Instead, these rights are
plea-bargained away.
First of all if
you don’t have friends in high places i.e. police, lawyers, politicians, and
judges then basically you are up a creek without a paddle. It has been proven
time and time again that police, judges, and politicians can be in one’s pocket
for the right price. Which brings me back to taking a plea, without these
people in your court, your life is left in the same peoples hands In “Criminal
Justice”, because the accused have robust rights, formally it would be too
expensive and time consuming actually to permit them to exercise those rights,
and as a result defendants are compelled to bargain them away.
Rights are now just
an illusion created so that you believe you are going to be treated fairly. If
the prosecutor could not threaten defendants by “upping the ante” so the court
reasoned, there would be fewer guilty pleas and the system would collapse. So
the prosecutor can bring even higher charges against me if I don’t plead guilty
to my original charges. It makes sense in a corrupt system. Mankind must put an
end to injustice, or the injustice will put an end to mankind.
Injustice with
you means you are not getting what you actually deserve. Why do you not get you
deserve? It means that in the process of delivering you the goods, there must
have been some corruption involved either in calculation of your eligibility or
in the delivery process itself. We need to find out where it is hidden.
Corruption means
requesting, offering, giving or accepting, directly or indirectly, a bribe or
any other undue advantage or prospect thereof, which distorts the proper
performance of any duty or behavior required of the recipient of the bribe, the
undue advantage or the prospect thereof. This may be called bribe, kickback, or
you can call it as “Baksheesh”.
Embezzlement is
also a form of corruption. It is outright theft of entrusted funds. It is
political when it involves public money taken by a responsible public official.
A common type of embezzlement is that of personal use of entrusted resources;
for example, when an official assigns public employees to renovate his own
house.
Corruption
creates trading in influence, or influence peddling in some countries. This
refers to the situation where a person is selling his/her influence over the
decision process involving a third party (person or institution). The
difference with bribery is that this is a tri-lateral relation.
In government it
takes place when an elected representative makes decisions that are influenced
by vested interests rather than their own personal or party ideological
beliefs. The use of power by government officials for illegitimate private gain
and misuse of government power for other purposes, such as repression of
political opponents and general police brutality are the other forms of
corruption. . It can be difficult to make a distinction between this form of
corruption and some forms of extreme and loosely regulated lobbying where for
instance law- or decision-makers can freely "sell" their vote,
decision power or influence to those lobbyists who offer the highest
compensation, including where for instance the latter act on behalf of powerful
clients such as industrial groups who want to avoid the passing of specific environmental,
social, or other regulations perceived as too stringent, etc.
Philosophically,
corruption is spiritual or moral impurity or deviation from an ideal. An
illegal act by an officeholder or bureaucrat constitutes corruption if the act
is directly related to their official duties, is done under color of law. Forms
of corruption vary, but include bribe, extortion, cronyism, nepotism, patronage,
graft, and embezzlement. Corruption may facilitate criminal enterprise such as drug
trafficking, money laundering, and human trafficking etc.
Corruption
differs at various places. For instance, some political funding practices that
are legal in one place may be illegal in another. In some cases, government
officials have broad or ill-defined powers, which make it difficult to
distinguish between legal and illegal actions. Worldwide, bribery alone is
estimated to involve more than 1 trillion US dollars annually. A state of
unrestrained political corruption is known as a kleptocracy, you can say it
"rule by thieves".
Corruption poses
a serious challenge. In the political realm, it undermines democracy and good
governance by flouting or even subverting formal processes. Corruption in
elections and in legislative bodies reduces accountability and distorts
representation in policymaking; corruption in the judiciary compromises the rule
of law; and corruption in public administration results in the inefficient
provision of services. More generally, corruption erodes the institutional
capacity of government as procedures are disregarded, resources are siphoned
off, and public offices are bought and sold. At the same time, corruption
undermines the legitimacy of government and such democratic values as trust and
tolerance.
Corruption comes
up in the shape of Patronage too. Patronage means favoring supporters, for
example with government employment. This may be legitimate, as when a newly
elected government changes the top officials in the administration in order to
effectively implement its policy. It can be seen as corruption if this means
that incompetent persons, as a payment for supporting the regime, are selected
before more able ones. Many government officials are often selected for loyalty
rather than ability. They are almost exclusively selected from a particular
group.
Favoring
relatives (nepotism) or personal friends (cronyism) of an official is a form of
illegitimate private gain. This may be combined with bribery, for example
demanding that a business should employ a relative of the official controlling
regulations affecting the business. This is also the practice of corruption
getting popular now-a-days.
In democracy we
find Electoral frauds. It is an illegal interference with the process of an election.
Acts of fraud affect vote counts to bring about an election result, whether by
increasing the vote share of the favored candidate, depressing the vote share
of the rival candidates, or both. Also called voter fraud, the mechanisms
involved include illegal voter registration, intimidation at polls, and
improper vote counting.
Taking kickback
is another form of corruption. It is called as an official's share of
misappropriated funds allocated from his or her organization to an organization
involved in corrupt bidding. For example, when a politician who is in charge of
choosing how to spend some public funds gives a contract to a company that is
not the best bidder, or allocate more than they deserve. In this case, the
company benefits, and in exchange for betraying the public, he receives a
kickback payment, which is a portion of the sum the company received. This sum
itself may be all or a portion of the difference between the actual (inflated)
payment to the company and the (lower) market-based price that would have been
paid had the bidding been competitive.
Another example
of a kickback would be if a judge receives a portion of the profits that a
business makes in exchange for his judicial decisions. Kickbacks are not
limited to government officials; any situations in which people are entrusted
to spend funds that do not belong to them are susceptible to this kind of
corruption.
In the private
sector, corruption increases the cost of business through the price of illicit
payments themselves, the management cost of negotiating with officials, and the
risk of breached agreements or detection. Although some claim corruption
reduces costs by cutting bureaucracy, the availability of bribes can also
induce officials to contrive new rules and delays. Openly removing costly and
lengthy regulations are better than covertly allowing them to be bypassed by
using bribes. Where corruption inflates the cost of business, it also distorts
the playing field, shielding firms with connections from competition and
thereby sustaining inefficient firms.
Corruption also
generates economic distortions in the public sector by diverting public
investment into capital projects where bribes and kickbacks are more plentiful.
Officials may increase the technical complexity of public sector projects to
conceal or pave the way for such dealings, thus further distorting investment.
Corruption also lowers compliance with construction, environmental, or other
regulations, reduces the quality of government services and infrastructure, and
increases budgetary pressures on government.
Corruption
facilitates environmental destruction. Corrupt countries may formally have
legislation to protect the environment, it cannot be enforced if their officials
can easily be bribed. The same applies to social rights worker protection, unionization
prevention, and child labor. Violation of these laws rights enables corrupt
countries to gain illegitimate economic advantage in the international market.
It should not be permitted otherwise.
The Nobel Prize-winning
economist Amartya Sen has observed that "there is no such thing as an apolitical
food problem." While drought and other naturally occurring events may
trigger famine conditions, it is government action or inaction that determines
its severity, and often even whether or not a famine will occur. Governments
with strong tendencies towards kleptocracy can undermine food security even
when harvests are good. Officials often steal state property. In Bihar, India,
more than 80% of the subsidized food aid to poor is stolen by corrupt
officials. Similarly, food aid is often robbed at gunpoint by governments,
criminals, and warlords alike, and sold for a profit. We have seen many
examples of this nature.
The scale of humanitarian
aid to the poor and unstable regions of the world grows, but it is highly
vulnerable to corruption, with food aid, construction and other highly valued
assistance as the most at risk. Food aid is directly and physically diverted
from its intended destination, or indirectly through the manipulation of
assessments, targeting, registration and distributions to favor certain groups
or individuals. Elsewhere, in construction and shelter, the corrupt people find
numerous opportunities for diversion and profit through substandard
workmanship, kickbacks for contracts and favoritism in the provision of
valuable shelter material. Thus while humanitarian aid agencies are usually
most concerned about aid being diverted by including too many recipients
themselves are most concerned about exclusion.
Corruption is
not specific to poor, developing, or transition countries. In western
countries, cases of bribery and other forms of corruption in all possible
fields exist: under-the-table payments made to reputed surgeons by patients
attempting for out-of-turn surgeries, bribes paid by suppliers to the
automotive industry in order to sell low-quality connectors used for instance
in safety equipment such as airbags, bribes paid by suppliers to manufacturers
of defibrillators (to sell low-quality capacitors), contributions paid by
wealthy parents to the "social and culture fund" of a prestigious
university in exchange for it to accept their children, bribes paid to obtain
diplomas, financial and other advantages granted to unionists by members of the
executive board of a car manufacturer in exchange for employer-friendly
positions and votes, etc. Examples are endless. These various manifestations of
corruption ultimately present a danger for the public health; they discredit
specific, essential institutions or social relationships.
Corruption also
affects the various components of sports activities (referees, players, medical
and laboratory staff involved in anti-doping controls, members of national
sport federation and international committees deciding about the allocation of
contracts and competition places). The recent Common Wealth Games Scam in India
is one of its burning examples.
Fighting Against Corruption:
There are many
forms of corrupt practices affecting us in many ways. Measuring corruption
statistically is difficult if not impossible due to the illicit nature of the
transaction and imprecise definitions of corruption. While
"corruption" indices first appeared in 1995 with the Corruption
Perceptions Index CPI, all of these metrics address different proxies for
corruption, such as public perceptions of the extent of the problem.
Transparency
International, an anti-corruption NGO, pioneered this field with the CPI, first
released in 1995. This work is often credited with breaking a taboo and forcing
the issue of corruption into high level development policy discourse.
Transparency International currently publishes three measures, updated
annually: a CPI (based on aggregating third-party polling of public perceptions
of how corrupt different countries are); a Global Corruption Barometer (based
on a survey of general public attitudes toward and experience of corruption);
and a Bribe Payers Index, looking at the willingness of foreign firms to pay
bribes. The Corruption Perceptions Index is the best known of these metrics,
though it has drawn much criticism and may be declining in influence.
The World Bank
collects a range of data on corruption, including survey responses from over
100,000 firms worldwide and a set of indicators of governance and institutional
quality. Moreover, one of the six dimensions of governance measured by the Worldwide
Governance Indicators is Control of Corruption, which is defined as "the
extent to which power is exercised for private gain, including both petty and
grand forms of corruption, as well as 'capture' of the state by elites and
private interests." While the definition itself is fairly precise, the
data aggregated into the Worldwide Governance Indicators is based on any
available polling: questions range from "is corruption a serious
problem?" to measures of public access to information, and not consistent
across countries.
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