#corruptioninindia

भारत में करप्शन कैंसर की तरह फैल रहा|

The Prime Minister called upon the officers of CBI and CVC to rededicate themselves to abolish corruption from all walks of national life. He said corruption takes away the rights of people and hinders the pursuit of justice for all, nation’s progress and affects the collective power of the nation. The Prime Minister emphasized that in the last 6-7 years, the government has succeeded in instilling the confidence that it is possible to contain corruption. He said that there is trust that people can get the benefit of the government schemes without middlemen and bribes. Now people feel that corrupt, howsoever mighty, will not be spared, wherever they go. “Earlier, the way the governments and systems were run, they lacked both political and administrative will. Today there is the political will to attack corruption and continuous improvement is also being carried out at the administrative level” he said. Talking about changed India, Modi pointed out “Today, India of the 21st century, along with modern thinking, emphasizes the use of technology for the benefit of humanity. New India Innovates, Initiates and Implements. New India is no longer ready to accept that corruption is part of the system. It wants its system transparent, process efficient and governance smooth.” Charting the government’s journey from maximum control and maximum damage to minimum government and maximum governance, the Prime Minister explained how his government undertook the task of reduction of government interference in the lives of the common people in a mission mode by simplifying the government procedures. The Prime Minister shared his views on ‘preventive vigilance’.  He said that preventive vigilance can be achieved with alertness and can be strengthened through technology and experience.  Along with technology and alertness- simplicity, clarity, transparency in the processes will go a long way for preventive vigilance. This will simplify our work and save the resources of the nation, he said. The Prime Minister exhorted the officer not to flinch from taking action against the corrupt and ensure that there is no safe haven for anyone who deceives the country and countrymen.  He asked them to remove the fear of the system from the minds of the poorest of the poor. He also called for deliberation regarding technological challenges and cyber fraud. Recalling his Independence Day call for simplification of laws and procedures, the Prime Minister called upon CVC and CBI and other anti-corruption institutions to remove such processes that come in the way of new India. “You need to strengthen New India’s policy of zero tolerance for corruption. You need to implement laws in a way that poor come close to the system and the corrupt moves out of it”, the Prime Minister concluded. The Prime Minister, Narendra Modi delivered a video message to the joint conference of CVC and CBI today. The Conference is taking place at Kevadia, Gujarat. Read the full article

Whistleblower Act in India, protection of identity of whistleblowers, Steps of whistleblowing process, exposing corruption in India

Whistleblower Act in India, protection of identity of whistleblowers, Steps of whistleblowing process, exposing corruption in India

Whistleblower Act in India, protection of identity of whistleblowers, Steps of whistleblowing process, exposing corruption in India

Whistleblower Act in India, protection of identity of whistleblowers, Steps of whistleblowing process, exposing corruption in India

Type of Whistleblowers: There are two types of whistleblowers: a.     Internal whistleblowers: Those who report the misconduct, fraud or indiscipline to senior officers of the organization. b.     External whistleblowers: Who report wrongdoings to people outside the organizations? For example: Media, police, governments etc. Whistleblower and Legislation: The Whistleblower Protection Bill, 2011 had replaced the government resolution of 2004. Its main aim was to create a balance between persons making public interest disclosure and those who are honest employees. Whistle blowing has been dealt with under sections 206 to 229. Whistleblower and SEBI: SEBI stands for the Securities Exchange Board of India. In the year 2003 the SEBI had amended its principles on corporate governance. India is facing a terrible record when it comes to dealing with insider trading. To improve the rate of success, the market regulator had introduced a new tipping method. SEBI will award up to Rs. 1 crore for any information which can be provided and successful action against the people doing insider trading.  This mechanism is also popularly known as ‘corporate and confidentiality mechanism’. Under this mechanism if a person who is guilty of violating securities law assists in larger probe, his identity shall be kept confidential and he shall be given exemption from penal action. Earlier it was not compulsory for companies to necessarily have a whistle blowing policy, but after the amendment of SEBI under clause 49 which clearly asserts a mechanism for corporate governance it became quite necessary. Besides that, the company will have mandatory requirement to disclose all its reports on corporate governance. The other top mechanisms excluding whistleblowers which are required for implementing better and effective corporate governance in any organizations are: 1.     Independence of Board 2.     Role of Auditors 3.     Shareholder Activism 4.     Fast Track Redressal Forums COMPANIES ACT: The sections 206 to 229 of the Indian Companies Act, 2013 deal with the provisions related to whistle blowing. The provisions for inspection, investigation and inquiry are provided under them. Sec 208 provides for an inspector who shall inspect the records of a company and provide recommendations after the investigation. Section 210 allows the union government to conduct investigations related to the affairs of the company in the given situation: 1.     Where a report has been received by the registrar or the inspector of the company. 2.     Where a special resolution has been passed by the company to investigate the affairs of the company. 3.     In the interest of public. Section 211 of the act provides the establishment of an investigation office named SFIO (Serious Fraud Investigation Office) which shall be empowered to arrest a person who has committed any fraud in the company. Section 212 provides the procedure of investigation; it states that if the central government is of the opinion that the SFIO must investigate it can do so: a.     Upon a report received by the registrar of companies b.     Upon an intimation of a special resolution by a company when investigation is mandatory c.       In the interest of public d.     On request of any department of central or state government Thus, if we see properly the only difference between section 210 and 212 is the last clause where the SFIO may also conduct an investigation when it is requested by any department of the central or state government. Section 214 provides for the security of maximum Rs. 25,000. Section 215 specifically states that no corporate, firm, or an association can be appointed as the inspector. Section 221 of the Company Act provides for the freezing of the assets of the company on inquiry or investigation. Section 226 provides that voluntary winding up of a company etc., not to stop investigation. Section 229 provides the penalty for furnishing false statements, mutilations and destruction of documents.  A responsibility also lies over the auditors to act as whistleblowers and they have to report directly to the union government if there is any reason to believe that any fraud is committed. Hence we can observe that the provisions of the companies’ act related to whistle blowing or protection of fraud under the Indian laws are quite adequate. Advantages of Whistle Blowing: Whistle Blowing policy is advantageous and beneficial for any kind of organizations, the employees of those organizations, shareholders, societies and even the general public. Any kind of malpractice which can be harmful shall be punished duly in accordance with the law. The policies of whistle blowing would assist in removing the ambiguities and educate the employees about different wrong doing which might take place in the organization.  A living example of adopting the whistle blowing policy in India can be found by the Berger Paints company in India. It allows the registration of direct complaints in cases where there is a violation of the company’s code of conduct. Below are the advantages summarized which we find in the Whistle Blowing Policy: 1.     Unethical behavior exposed: The whistleblowerpolicy in India serves a vital function in government and business. When agencies of the government or corporation cross the ethical and legal limits it is the whistleblower who do the job of making these malpractices public knowledge and as a result of which the violators are held responsible. This also helps in restricting the organizations or the agencies to limit them. 2.      Protection to the employees: The whistleblower policy in India also provides protection to the employees who report the malpractices and violation of laws. There can be a lot of retaliation by the employer against the employee who report the malpractices. The retaliation could include a lot of things such as denial of benefits, dismissal, demotion, etc. Companies who are found to be in violation of whistleblower protection laws are liable to fine, suspension and civil lawsuits. Disadvantages of Whistle blowing: The disadvantages found by us are summarized as follows: 1.     Diminished Career: The world outside may view whistleblowers as heroes because they reveal corrupt behavior but industry insiders often consider them as disloyal or indiscreet for not keeping the secrets of the company. As the whistleblower cases bring investigations conducted by government, legal testimony etc. The attention of the media may lead to the whistleblower being blacklisted. 2.     Personal Complications: The whistleblowers often endure from their actions personal problems. Investigations and lawsuits against the company may often require them to hire lawyers in order to defend themselves. They also might receive threats from former employers. The challenges faced by the whistle blowing policy in India: Corruption: In India the corruption plays a pivotal role in causing obstacles for the successful implementation of whistle blowing mechanisms. Though the democratic system of government is followed in India but the dark network of bureaucracy prohibits genuine victims from attaining justice. Those who raise their voice against the maligned system end up being tortured or harassed. One of the biggest examples which can be given for such an incident is the case of Satyendra Dubey in 2003. In this case the engineer (satyendradubey) was charged for retaliating on corruption in a highway project. He repeatedly sent letters to the higher officials of the NHAI informing them about the financial discrepancies which resulted in his transfer to Gaya at Bihar instead of investigation and he ended up being murdered. With the help of the earlier mentioned case we can understand that a lot of people are afraid to raise their voices or blow the whistle so that they are not subject to such incident. Lack of integration of the legislation: The Companies Act 2013 along with the SEBI provide a successful mechanism for whistle blowing in the ever growing scams and scandals of the corporate. The Companies Act 2013 provides for the vigilance whereas the SEBI vide clause 49 of listing agreement mentions it as non-mandatory provision for whistle blowing. By this what we aim at meaning is there is no proper set of rules provided by our legislation specifying what should the whistle blowing policy include and exclude along with pointing out the ambiguities in it.   Ideal whistle blowing policy: When there are wrong doings in an organization and it remains in the shadow or unblown it leads to the company incurring financial losses. By the ideal whistle blowing policy we mean is a policy which is absolute and which specifies what are the protection, rights etc., of the whistleblowers. An ideal whistle blowing policy should also specify the ambiguities in the current policies which are implemented and must promote a culture of openness. The main thing which needs to be focused for a whistle blowing policy is the maintenance of anonymity so that the whistle blower feels safe and secure. Conclusion: Whistle blowing mechanism must be incorporated in order to eliminate all the scams and scandals taking place in organizations, government agencies etc. More auditors should be employed so as to strengthen the internal control systems by which the whistle blowing activities can be controlled.  Implementation and formulation of holistic laws can reduce the malpractices and corruption to a huge extent and this in turn will result to a corporate sector being free from scandals or scams. Just like a strong tree which takes a lot of time to grow tall and strong similarly this policy will not give immediate outcomes but over the years when it spreads and becomes stronger it shall prove to be a highly successful asset.

चैतन्य भारत न्यूज नई दिल्ली. भारत में भ्रष्टाचार के मामलों में कमी आई है। रिपोर्ट के मुताबिक, वित्त वर्ष 2019 में देश के 20 राज्यों में भ्रष्टाचार 10 फीसदी कम हुआ है। ट्रांसपेरेंसी इंटरनेशनल सर्वे की रिपोर्ट के मुताबिक, हमारे देश में सरकारी कार्यों में रिश्वतखोरी पर कुछ हद तक लगाम लग गई है। इसी के साथ भ्रष्टाचार को लेकर 180 देशों की सूची में भारत की रैंकिंग पिछले साल के मुकाबले तीन पायदान सुधरी है। (adsbygoogle = window.adsbygoogle || ).push({}); भारत की रैंकिंग में सुधार इस सर्वे को ट्रांसपेरेंसी इंटरनेशनल इंडिया ने किया था। यह एक गैर राजनीतिक, स्वतंत्र और गैर सरकारी भ्रष्टाचार रोधी संगठन है। जानकारी के मुताबिक, साल 2018 में भारत भ्रष्टाचार में मामले में 81वें स्थान पर था। लेकिन अब वह 78वीं रैंक पर पहुंच गया है। पिछले साल 56% नागरिकों ने कहा था कि, उन्होंने रिश्वत दी है और इस बार 51% लोगों ने माना कि उन्होंने रिश्वत दी है। सबसे ज्यादा रिश्वत राज्य सरकार के दफ्तरों में ली जाती है। इनमें प्रॉपर्टी रजिस्ट्रेशन और जमीन से जुड़े मामलों में सबसे अधिक रिश्वत दी गई। 26% लोगों ने इस विभाग में रिश्वत दी। Incidents of bribery in India reduced by 10 pc since last year, according to 'India Corruption Survey 2019' carried out in 20 states. — Press Trust of India (@PTI_News) November 26, 2019 38% लोगों का मानना- देश में रिश्वत के बिना काम नहीं हो सकता बता दें इस सर्वे में 248 जिलों के 1,90,000 लोगों को शामिल किया गया था। इसमें 64% पुरुष और 36% महिलाएं थीं। 48% लोगों ने माना कि राज्य सरकार या स्थानीय स्तर पर सरकारी दफ्तरों में भ्रष्टाचार रोकने के लिए कोई प्रभावी कदम नहीं उठाए। साथ ही लोगों का मानना है कि 2017 में हुई नोटबंदी के कारण भ्रष्टाचार के मामलों में ज्यादा गिरावट आई है। वहीं कुछ ऐसे भी लोग हैं जो यह मानते हैं कि देश में रिश्वत के बिना काम नहीं हो सकता। ऐसे लोगों की संख्या 36% से बढ़कर 38% हो गई। इसके अलावा जो भी लोग रिश्वत को सिर्फ एक सुविधा शुल्क समझते हैं उनकी संख्या भी बढ़ गई है। पिछले साल यह संख्या 22% थी जो अब 26% हो गई है। वहीं 19% लोगों ने पुलिस विभाग में भी रिश्वत दी। चीन 87वें और पाकिस्तान 117वें स्थान पर बता दें चीन के राष्ट्रपति शी जिनपिंग ने अपने देश में हाई-प्रोफाइल भ्रष्टाचार विरोधी अभियान चलाया था, बावजूद इसके चीन भ्रष्टाचार की रैंकिंग में ऊपर है। इस बारे में विशेषज्ञों का कहना है कि भारत पड़ोसी देशों से बेहतर तो जरूर हुआ है लेकिन भ्रष्टाचार खत्म करने के लिए अभी भी बहुत कुछ किया जाना बाकी है। बता दें भ्रष्टाचार के मामले में चीन 87वें और पाकिस्तान 117वें स्थान पर हैं। ये भी पढ़े...  थाईलैंड में बोले पीएम मोदी- भारत में निवेश के लिए यह सबसे अच्छा समय, भ्रष्टाचार का खात्मा हो रहा हिजाब का विरोध करने पर युवती को 24 साल की सजा, कोर्ट ने कहा- इससे भ्रष्टाचार और वेश्यावृति फैल रही है सीबीआई की बड़ी कार्रवाई, भ्रष्टाचार और धोखाधड़ी के खिलाफ देशभर के 110 ठिकानों पर छापेमारी Read the full article