The amended anti-graft law passed by the Lok Sabha on Tuesday provides for punishment to bribe takers as well as bribe givers and extends the requirement of prior sanction for prosecution to former public officials as well.
The Prevention of Corruption (Amendment) Bill, 2018 has already been passed by Rajya Sabha last week.
The Bill provides for imprisonment from three to seven years, besides fine, to those convicted of taking bribes. Bribe givers have also been included in the legislation for the first time and they can be punished with imprisonment up to seven years, fine, or both.
The Bill provides for jail terms of three to seven years, besides fine, to those convicted of taking or giving bribes to public officials.
The Bill also extends the ambit of public servants who will be protected by the provision of a prior government sanction for prosecution. There is also a provision now to get prior permission for starting an investigation and that has prompted many to say that the law has been “diluted” from its original draft.
In a departure from the earlier anti-corruption law, the current law makes a distinction between “collusive bribe givers” and those who are “coerced.”
In such cases, the Bill seeks to protect those who report the matter within seven days. However, taking note of the concerns raised by many members that the seven-day window was too short, the minister of state for personnel, public grievances and pensions Jitendra Singh said during his reply that the government would look at ways to “extend this period while framing the rules.”
In his reply, the minister said the Bill provides safeguards to officers who perform their duties with honesty. “We have brought amendments so that honest performing officer does not get intimidated or his initiatives get killed,” he said.
Singh said the “historic legislation” has provisions to ensure speedy trial in corruption cases.
“For any corruption case, we will bring guidelines for decision to be ordinarily given in two years,” he said. The minister said the government aimed at taking strict measures against corruption while also ensuring good work atmosphere.
Referring to delay in appointment of Lokpal, he said the blame lay with Congress as it did not get enough seats for its leader to be recognised as the Leader of Opposition in the Lok Sabha.
The Leader of Opposition is a member of Lokpal selection panel. Singh said the government had sought to include the leader of the largest opposition party in the meetings concerning appointment of Lokpal.
At a time when many former and current bankers are under the scrutiny of investigative agencies for their decisions to grant loans that have since turned into NPAs, the amended law seeks to make a distinction between action and intention.
Public servants cannot be booked under the act unless they have accumulated assets disproportionate to their income or have misappropriated assets entrusted to them.
The move, minister of state for personnel Jitendra Singh said, is aimed at protecting “decisions that have gone bad” and penalise only corrupt practices.
Many members who took part in the debate stressed on the need for electoral reforms to curb corruption.
Some opposition members accused the government of “diluting” the anti-corruption act through the amendments and also cautioned the government over the provision to punish the bribe giver.
Shiv Sena member Arvind Ganpat Sawant targeted the Modi government over demonetisation and asked if its stated objectives had been achieved. Citing some other decisions related to the government, he said “it is easy to talk about corruption and difficult to walk the talk”.
He alleged that the “BJP used investigating agencies like Enforcement Directorate (ED) to pressure political rivals and make them join their party.”
He also asked if expenses of a party meeting addressed by the prime minister or a chief minister are borne by the exchequer or the political party concerned.
“Election is den of corruption, school admission is den of corruption,” he said.
Congress MP Adhir Ranjan Chowdhury, while supporting the Bill, said despite the government’s claim of corruption-free governance, there had been many such allegations, including the multi-core Rafale deal, bank frauds by Nirav Modi, Mehul Choksi and Vijay Mallya. “They talk about zero tolerance against corruption… but the reality is diametrically opposite. There is maximum corruption, minimum prevention,” said Mr. Chowdhury. He questioned the delay in appointing a Lokpal.