BRIBERY
BRIBERY A bribery is a form of corruption which involves the promise of money or a favor to someone in a position of power, with the hope of influencing that person's behavior. Bribery is an act of implying money or gift giving that alters the behaviour of the recipient. Bribery is defined as the offering or receiving of any item of value to influence the actions of an official or other person in charge of a public.
ORIGIN OF BRIBERY ”Bribe” entered English in the 1300s, in the sense of something stolen; it is derived from the French briber, “to beg.” Around the 1500s, “bribe” began to acquire its current associations with corruption.
FORMS OF BRIBE Many types of bribes exist: Tip Gift Discount Free food Free trip Free ticket Funding Sale of property promotion (rise of position/rank).
HOW BRIBERY CONSIDERED Taking Bribe = Stealing or Begging But Recipient consider as a gift
FACTORS ENFORCES BRIBERY
COMMON USE OF BRIBE As per The World Bank estimates – bribes paid globally aggregates to over USD 1 trillion per annum Key reasons in India Obtaining routine administrative approvals Attempts to win / retain business
REGULATORY FRAMEWORK IN INDIA Prevention of Corruption Act, 1988 (“PCA”) Central Bureau of Investigation (“CBI”) Premiere national investigating police agency (Like FBI) Anti Corruption Wing of CBI gather intelligence and investigate corruption cases referred by CVC Primary statute to prevent corruption Only applicable to public officials Regulation and or Regulatory Bodies Apex body for exercising superintendence and control over vigilance administration Also acts on complaints from whistleblowers Each state has its own ACB and vigilance cell to investigate state corruption Central Vigilance Commission (“CVC”) set up under CVC Act, 2003 State Anti Corruption Bureau (“ACB”) / Vigilance Commissions
AT EXTENT As there is increase in corruption the honour decreases.
INDIA’S RANK India ranks among the world’s top 5 countries in- Cricket Film Industry- Bolly, Tolly, Kolly woods Information Technology No. of Millionaires
INDIA’S RANK IN CORRUPTION Transparency International’s Corruption Perception Index - 85th TI’s Bribe payer’s Index Among 30 Leading Exporting Countries- 30th
DEFINITION OF CPI CPI is the Corruption Perception Index A ranking of countries according to the extent to which corruption is believed to exist. The corruption perception index was created in 1995 by Transparency International. It ranks almost 200 countries on a scale of zero to 10, with zero indicating high levels of corruption and 10 indicating low levels. Developed countries typically higher rank.
EFFECTS Bribery often makes a country less atractive for foreign investors and may thus keep down the standard of living in the country American companies are forbidden to pay bribes even abroad. They complain that they are therefore at a disadvantage to non US companies in some markets
Cont… Prevents markets from working effeciently It prevents open access to all competitors on equal terms Competitors are prevented from competing on the merits of their products or services Often leads to higher prices
Daily life of a comman man? Every citizen has to pay an ‘EXTRA’ fee over the Govt fee for every – service, certificate or process in Govt departments Pricelist varies across departments and different classes of people NO BRIBE, NO SERVICE
“FREEDOM FROM CORRUPTION” Campaign launched in Aug 2007 Covered all districts of TN, few in AP, Karnataka 600 plus colleges & schools and counting…. 500, 000 students pledged- ‘I will not take or give bribe’
Conclusion DUTIES TOWARDS CITIZEN: “Enable, Encourage and Empower Every Citizen to Eliminate Corruption at all levels of Society”