Research Journal of Humanities and Social Sciences

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Anti Bribery and Corruption (ABC), Laws and Reforms-An Indian Perspective


Affiliations
1 Department of Economics, Bharathidasan University, Tiruchirappalli 620024, India
     

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Bribery and corruption continue to pose a significant challenge in India. Corruption in India is a major issue that adversely affects its economy. Bribery and corruption have a significant adverse effect on the social and economic development of the communities in large democracies such as India. Currently there are no legal provisions to check graft in Indian private sector. Meanwhile Government has proposed many amendments in existing acts and certain new bills for checking corruption in private sector but only big-ticket corruption is mainly witnessed in the operations of large commercial or corporate entities. In order to prevent bribery on supply side, it is proposed that key managerial personnel of companies' and also the company shall be held liable for offering bribes to gain undue benefits. Moreover, there is strong public antipathy to Bribery and Corruption and this provides a window for the Government authority, Civil Society and the media to create an environment and engage ordinary citizens to fight against growing threat of corruption. Therefore, in this paper, we outlinethe current Anti-Bribery and Corruption (“ABC”) legal framework in India and, highlight where more action is needed by the Government, especially to understand threat of corruption in key sectors.

Keywords

Bribery, Corruption, Transparency International (TI), Bribery Perception Index (BPI), Prevention of Corruption Act (PCA), Prevention of Money Laundering Act (PMLA).
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  • Corruption Perceptions Index Results (2015), http://www.transparency.org/cpi2015#results-table, Accessed on 24Oct2017

  • Reuters (2015), Swiss banks release names of missing account holders,https://www.reuters.com/article/banks-swiss-accounts/swiss-banks-release-names-of-missing-account-holders-idUSL8N1450XJ20151216, Accessed on 24Oct2017

  • Beina Xu (2014), Governance in India: Corruption, Council on Foreign Regulations,http://www.cfr.org/corruption-and-bribery/governance-india-corruption/p31823, Accessed on 26Oct2017

  • Arpinder Singh (2013), Bribery and Corruption Ground Reality in India, Ernest and Young Publications,http://www.ey.com/Publication/vwLUAssets/Bribery_and_corruption:_ground_reality_in_India/$FILE/EY-FIDS-Bribery-and-corruption-ground-reality-in-India.pdf, Accessed on 26Oct2017

  • Transparency International Bribe Payers Index (BPI) Report (2011), http://www.transparency.org/bpi2011/results, Pages 4,5,15, Accessed on 22Oct2017

  • John Davies and Rosana Mirkovic (2013), Combating Bribery in the SME Sector, The Association of Certified Chartered Accountants, http://www.accaglobal.com/ab44, Accessed on 27Oct2017

  • Pinsent Masons (2011), Construction Sector Worst for Corruption, https://www.out-law.com/en/articles/2011/november/construction-sector-worst-for-corruption-report-says-/, Accessed on 27Oct2017

  • Pradeep Thakur (2015), Bill soon to criminalize bribery in private sector, Times of India, https://timesofindia.indiatimes.com/india/Bill-soon-to-criminalize-bribery-in-private-sector/articleshow/46424950.cms, Accessed on 27Oct2017

  • Sherbir Panag (2014), Misconceptions-about-indias-anti-corruption-framework, FCPA Professor, http://fcpaprofessor.com/misconceptions-about-indias-anti-corruption-framework/, Accessed on 29Oct2017

  • Press Trust of India (2015), Draft bill on bribery by foreign public officials entails jail, http://www.business-standard.com/article/pti-stories/draft-bill-on-bribery-by-foreign-public-officials-entails-jail-115082700884_1.html, Accessed on 2Nov2017

  • Milan Vaishnav and Sandip Sukhtankar (2015), Tackling corruption in India, Carnegie Endowment for International Peace, http://carnegieendowment.org/2015/09/16/tackling-corruption-in-india-pub-61301, Accessed on 2Nov2017

  • Ronak D Desai (2017), How will India Confront its Corruption Crisis?, Huffington Post, https://www.huffingtonpost.com/ronak-d-desai/how-will-india-confront-i_b_2756670.html, Accessed on 3Nov2017

  • Nishith Desai Associates (2016), A Comparative View of Anti-Corruption Laws of India, http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/A_Comparative_View_of_Anti-Corruption_Laws_of_India.pdf, Accessed on 3Nov2017

  • Dr. Vidyadevi R Patil (2015), Chapter 5: Corruption, Social Problems in India, https://books.google.co.in/books?id=-DqVDgAAQBAJ and printsec=frontcover#v=onepage&q&f=false, Pages 58-60, Laxmi Book Publication, Accessed on 5Nov2017

  • Pragya Mishra. Corruption in Public Life: Can the Menace be Curbed?. Research Journal of Humanities and Social Sciences. 4(4): October-December, 2013, 449-454.

  • SuchitraRathi. Social Audits in India: A Long Way to Go. International Journal of Advances in Social Sciences. 2018; 6(2):96-99.

  • Sanjay Kumar. Maintenance of Law and Order in India- Challenges and Solutions. International Journal of Reviews and Research Social Sciences 4(2): April - June, 2016; Page 97-106.

  • AshishDubey, PushpinderKaurBenipal. Role of TPAs [Third Party Administrators] in growth of health Insurance in India. International Journal of Reviews and Research Social Sciences 3(4): Oct. - Dec., 2015; Page 156-158.

  • Mushtaq A Siddiqi, Owais Ahmed. Impact of Leader Member Exchange on Customer Service Experience. International Journal of Reviews and Research Social Sciences 4(1): Jan. - Mar., 2016; Page 05-14

  • SujayaRoutray. Enabling rural women as agent of social change by reinvigorating Self Help Groups: a qualitative analysis of SHGs in Odisha. International Journal of Reviews and Research Social Sciences 3(3): July- Sept., 2015; Page 113-118.

  • Pooja Devi Sinha, Mahesh Shrivastava. A Study on the Status and Working of Micro Finance in Durg District of Chhattisgarh State. International Journal of Advances in Social Sciences 2017; 5(4):248-252.

  • Chethana B. Determinants of Farmers’ Suicide in India – A State Level Analysis.Research Journal of Humanities and Social Sciences. 2016; 7(3): 193-197 .

  • Sanjay Kanti Das. Impact and Quality Assessment of Selected Self Help Groups in Hill Districts of Assam: An Empirical Study. Research Journal of Humanities and Social Sciences. 3(3): July-September, 2012, 326-333.

  • Sandeep Kumar R Pandya, N. D. Shah. A Study on Financial Management of Unaided Private Schools in Gujarat State.Research Journal of Humanities and Social Sciences. 2018; 9(4): 995-1000.


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  • Anti Bribery and Corruption (ABC), Laws and Reforms-An Indian Perspective

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Authors

K. Prabu
Department of Economics, Bharathidasan University, Tiruchirappalli 620024, India
N. Prasanna
Department of Economics, Bharathidasan University, Tiruchirappalli 620024, India

Abstract


Bribery and corruption continue to pose a significant challenge in India. Corruption in India is a major issue that adversely affects its economy. Bribery and corruption have a significant adverse effect on the social and economic development of the communities in large democracies such as India. Currently there are no legal provisions to check graft in Indian private sector. Meanwhile Government has proposed many amendments in existing acts and certain new bills for checking corruption in private sector but only big-ticket corruption is mainly witnessed in the operations of large commercial or corporate entities. In order to prevent bribery on supply side, it is proposed that key managerial personnel of companies' and also the company shall be held liable for offering bribes to gain undue benefits. Moreover, there is strong public antipathy to Bribery and Corruption and this provides a window for the Government authority, Civil Society and the media to create an environment and engage ordinary citizens to fight against growing threat of corruption. Therefore, in this paper, we outlinethe current Anti-Bribery and Corruption (“ABC”) legal framework in India and, highlight where more action is needed by the Government, especially to understand threat of corruption in key sectors.

Keywords


Bribery, Corruption, Transparency International (TI), Bribery Perception Index (BPI), Prevention of Corruption Act (PCA), Prevention of Money Laundering Act (PMLA).

References