Corruption Human Rights Law
We define corruption as the abuse of entrusted power for private gain. Corruption erodes trust, weakens democracy, hampers economic development and further exacerbates inequality, poverty, social division and the environmental crisis. Exposing corruption and holding the corrupt to account can only happen if we understand the way corruption works and the systems that enable it. Corruption can take many forms, and can include behaviours like: Corruption can happen anywhere: In business, government, the courts, the media, and in civil society, as well as across all sectors from health and education to infrastructure and sports. Corruption can involve anyone: Politicians, government officials, public servants, business people or members of the public. Corruption happens in the shadows: Often with the help of professional enablers such as bankers, lawyers, accountants and real estate agents, opaque financial systems and anonymous shell companies that allow corruption schemes to flourish and the corrupt to launder and hide their illicit wealth. Corruption adapts : To different contexts and changing circumstances. It can evolve in response to changes in rules, legislation and even technology. Corruption Law in India The primary anti-corruption statute in India, the Prevention of Corruption Act, 1988 (‘PCA’) criminalises receipt of any ‘undue advantage’ by ‘public servants’ and the provision of such undue advantage by other persons. Section 171E. Punishment for bribery. Previous Next. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Impact of corruption on specific human rights As the SDG 16 website indicates, corruption related crimes cost developing countries about $1.26 trillion annually. This waste and diversion of public funds leaves governments with fewer resources to fulfil their human rights obligations, to deliver services and to improve the standard of living of their citizens. The following discusses some of the ways in which corruption enables the violation of specific human rights. While the discussion revolves around the violation of individual (first and second generation) rights addressed by the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), in some cases such violations also impede the attainment of collective rights (third-generation). For example, when corruption violates economic and social rights, such as the right to an adequate standard of living (ICESCR art. 11), this could also hamper the attainment of the collective right to development. Another example is when corruption leads to pollution (see the Module’s discussion on the right to health), and thus violates the collective right to a clean environment. The discussion below provides several examples of ways in which corruption relates to the violation of specific human rights. The first examples relate to civil and political rights, while the subsequent ones relate to economic, social and cultural rights.The impact of corruption is often considered to be especially pronounced regarding economic, social and cultural rights, although this is not, in fact, always the case. Economic, social and cultural rights are typically perceived as requiring a greater investment of public resources compared to civil and political rights, which are typically perceived as merely requiring States to refrain from interfering with individual freedoms. However, the realization of all categories of human rights may, in fact, require the allocation of substantial public resources. In recognition of the fact that States with resource constraints may need more time to realize economic, social and cultural rights, the ICESCR allows for a “progressive realization” of economic, social and cultural rights. This means that while States are required to take immediate measures to realize these rights, they may do so to the extent possible in light of available resources. As explained in the relevant OHCHR fact sheet:[A] lack of resources cannot justify inaction or indefinite postponement of measures to implement these rights. States must demonstrate that they are making every effort to improve the enjoyment of economic, social and cultural rights, even when resources are scarce. For example, irrespective of the resources available to it, a State should, as a matter of priority, seek to ensure that everyone has access to, at the very least, minimum levels of rights, and target programmes to protect the poor, the marginalized and the disadvantaged.At the same time, the realization of civil and political rights can also require considerable resources. For example, large amounts of funds are needed to maintain the judicial, law enforcement and prison systems and to ensure free and fair elections. The realization of civil and political rights can, therefore, also suffer greatly as a result of the misuse or misallocation of public funds. In addition, as the following discussion illustrates, there are other ways in which civil and political rights can be adversely affected by corruption. Rights to equality and non-discrimination (civil and political rights) The right to equality is referred to in all major human rights treaties (see e.g. ICCPR art. Every individual has the right to be treated equally and without discrimination by the State. The Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, defines the term discrimination as: Any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. According to this definition, corrupt acts are discriminatory in certain situations because they intrinsically distinguish, exclude, restrict or prefer; and have the purpose or effect of nullifying or impairing the equal recognition, enjoyment or exercise of human rights. The right to be treated equally is violated, for example, when someone is requested to pay a bribe to obtain a public service. In this situation, those who were not asked for a bribe received better treatment, and the right to equality of the person who