Skip to main content

Performance of anti-corruption departments, courts receive cursory attention

By Venkatesh Nayak*
9th December has been designated by the United Nations as International Anti-Corruption Day. Even though India ratified the UN Convention Against Corruption (UNCAC) in 2011, this year, International Anti-Corruption Day went by uncelebrated and in fact almost unnoticed. According to a UN estimate, every year, US$ 1 trillion is paid in bribes and US$ 2.6 trillion are stolen through corruption – a sum equivalent to more than 5% of the global GDP.
In 2015, Transparency International (TI) rated India 76thamong 168 countries surveyed for people’s perceptions about how corrupt they perceived their governments to be. Countries like Bhutan (27), Chile (23), Ghana (56), Jordan (45), Namibia (45), Panama (72), Rwanda (44), Saudi Arabia (48), Senegal (61), Seychelles (40), South Africa (61) and Uruguay (21) scored better than India on TI’s corruption perceptions index (CPI). In the BRICS grouping, India keeps company with Brazil at 76th place while China is at 83 and Russia far below at 119.
The National Crime Records Bureau (NCRB) publishes a wealth of statistics in its annual Crime in India Report (Chapter 9) about the action taken by the government in the States and the Union Territories (UTs) on complaints of corruption. Yet, these statistics dealing with the performance of the anti-corruption departments and courts in tackling corruption have received cursory attention in the media. These statistics are also published in the form of datasets on the Open Data Portal.
The Commonwealth Human Rights Initiative (CHRI) has analysed statistics relating to corruption cases reported from the stage of registration to the stage of conviction, as reported by the NCRB, since the beginning of the 21st century. Some preliminary findings are:
  • As per NCRB data, between 2001-2015 a total of 54,139cases were registered across the 29 States and seven Union Territories (UTs). During this period, people filed more than double that number (1,16,010) of reports about being required to pay bribes, on the popular website – I Paid a Bribe;
  • Between 2001-2015, the NCRB reported the registration of a little more than 5 lakh cases of murder(5,01,852 cases) across the 29 States and seven UTs. In comparison, only 54,139 cases of corruption were registered during the same period. In other words, for ten murders registered, only one case of corruption was registered across the country;
  • During this 15-year period, the NCRB reported the registration of 87 lakh cases (5,87,347 cases) of kidnapping or abduction across the country. In other words, for 11 kidnappings or abductions registered across the country, only one case of corruption was registered by the law enforcement authorities;
  • Between 2001-2015, the NCRB reported the registration of 3.54 lakh cases of robbery across the country (3,54,453 cases). In other words, for a little more than 6 robberies registered, only one case of corruption was registered by the law enforcement agencies;
  • While 54,139 cases registered across the 29 States and seven UTs (irrespective of the outcome) trial was completed in 26% (29,920 cases). In other cases the accused were discharged or the FIR was quashed or the case was simply not put up for trial or the trial was still going on;
  • Kerala clocked the highest conviction rate among States that registered a large number of cases as a proportion of cases sent up for trial at 95%;
  • Despite several cases going up for trial no convictions have been reported from States such as West Bengal, Goa, Mizoram, Arunachal Pradesh, Tripuraand Meghalaya by the NCRB. In Manipur only one case is said to have reached conviction during this 15-year period;
  • Between 2001 and 2015, trials involving 43,394 individuals were completed across the 28 States (excluding Himachal Pradesh and seven UTs. 68.19% (29,591) of the accused were acquitted by courts during this 15-year period (excluding Himachal Pradesh). In other words, only 31.81% (13,803) of the accused were found guilty by courts;
  • In States like Goa, Manipur and Tripura the acquittals were 100%. All 30 accused were acquitted by courts in these States. In Andaman and Nicobar Islands the trial was completed in relation to one accused during this 15-year period resulting in acquittal;
  • Nagaland is the only State that bucked this trend with convictions of more than 90% of the accused. In all, 438 accused were convicted. Of these, 404 were convicted in 2014. In Assam also, convictions were much high (70%), despite fewer cases going up to and completing trial;
  • Almost 90%of the accused were acquitted in Jammu and Kashmir.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative,New Delhi

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.