As corrupt as the supply?

The statement by Prime Minister Manmohan Singh that the government was working to amend existing laws to punish bribery in the private sector is not unwelcome. No doubt, corruption has been the bane of the Indian economy and the private sector has been a culprit in formenting it. Corporates, multinationals and others in the private sector have often resorted to underhand methods to get ahead of competition that includes the bribing of holders of public office, such as, for example, political leaders in high office, as has been seen in the cases of the numerous scams that bedevil this government. Amomg the changes contemplated by the government is a clearer definition of corruption to include the ‘supply-side’, that is, the givers of bribes as well who may now face similar punishments as the public officials caught accepting bribes. It is quite possible that the new definition may make the enforcement of law easier. Yet, the prime minister’s approach to the problem of corruption is not entirely free of difficulties. It is not as if there are no laws at present to prevent corruption. The fact that these have not been efficacious is not necessarily a reflection of their weakness but of the lack of political will in enforcing them by a class that is the beneficiary of the looting that goes on. This can be seen, for example, in the lackadaisical manner in which the Central Bureau of Investigation is often put to investigate corruption cases by the government against itself. Bringing into focus bribe-givers is problematic for another reason. This is because of the forcible extraction of illegal gratification by bribe-takers. Many people, including firms and companies, which would rather not pay bribes, are forced to do so because it is extorted from them. If they do not pay up, even their ordinary, legal work is not done.

It is known that political parties, which come to power, see their elevation to office as a licence to make money and to gather funds illegally. The bribe-givers, in such cases, are not necessarily to blame but are victims of an entrenched collusive system that acts against them. In such cases, to punish bribe-givers would be a travesty of justice. There is also the possibility that further criminalising bribery-giving may make it more difficult for the victims of extortion to file complaints. If the prime minister really desires to fight corruption, he should ensure that his government investigates the numerous charges against it seriously, including the ones that have surfaced in the last week, instead of denying them outright. It is only then that his statements on corruption will be taken seriously.