ANTH 156a Prof.

Ferry 12/11/2009 Corruption in India: A Malady of the State

Svati Goyal

Recently released data from Transparency International, an international NGO dedicated to the appraisal of corruption levels in various countries, ranked India as 84 out of 180 countries, with 1 being the least corrupt nation (Transparency International). Since 1995 India has consistently ranked high on the scale of the Corruption Perceptions Index (CPI), the study created by Transparency, falling behind mostly small, impoverished nations in Africa and Central America. Indias current CPI rating is 3.4/10, 10 being the ideal country with no corruption (Transparency International). With a population of over a billion people, India boasts to be the largest democracy in the world. Its Constitution heavily borrows from that of the French, American and British governance. This amalgam of a parliamentary, republic, democratic system is today heavily ridden with the disease of corruption, where small day-to-day tasks like obtaining ones drivers license to matters of great magnitude such as national security are run by an unwritten code. This code of bribery and favors has infiltrated all factions of society to the extent that these are the channels through which a large segment of the population works. Considering the socio-political makeup of India, this advent of corruption may have been inevitable. However, given the lack of balances and checks, there manifests misuse of power and position. This leads to certain forms of structural violence against the economically underprivileged populace. A discourse on this violence is of interest to evaluate the inescapability and efficiency of the current situation as opposed to the severe violation of human rights.

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Academician Robin Theobald defines corruption in legalistic terms as the illegal use of public office for private gain, (Theobald, 15). Considering this a legitimate definition and starting point, one needs to analyze its genesis in the Indian political structure. A common word for bribe in India is the Urdu word baksheesh which stems from the Persian word for a charitable gift or a tip. The cultural evolution of the word is an indication of the general societal attitude towards subornment; a bribe is given and received in the same casual manner as that of asking or bestowing a favour on a friend. Examining Max Webers treatise on traditional authority, one can draw parallels between the practice of patrimonialism and corruption. In a rational-legal bureaucratic administrative system there are characteristic differences from monarchy-induced patrimonialism. For the former system, the duties of the staff and the chain of command is clearly defined. They are picked solely on the basis of their technical skill set and are subject to a close to objective censure and reward scale (Weber, 342343). This ideal scenario of a governing body is a rare occurrence. Most bureaucracies slowly degenerate in a manner that the lines between legal and traditional authority get blurred. Initially, the format in place allows for transparency and officials are appointed on the basis of merit. As time goes by and they rise higher in the ranks, friendships cultivate and manifest in the form of small favors. Once new officers need to be selected or promotions are to be handed out, there will be a play on favorites. Those that have curried partiality among the older officers will have a stronger chance of getting picked. Once in office, they are presented with the opportunity to flout and take advantage of the laws as the procedural checks and balances have been

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regulated to mere formality. Penny Green and Tony Ward introduce a new term; clientelism is patrimonialism within the confines of a rational-legal bureaucracy (Ward and Green, 21). The greatest motivation behind accepting a bribe is monetary compensation. Weber himself was quite clear that a rational-legal type bureaucracy could only develop in a money economy with a stable system of taxation, (Theobald, 33). India is a developing nation with more than 60% of the economy is derived from the agrarian sector. This results in a highly disparate form of taxation. Revenue from agriculture is very rarely above substantial amounts of income, thus, most of the taxes drawn from this field do not make a significant contribution. The wealthy industrialists and business owners that could potentially be taxed most heavily are in fact given innumerous tax breaks for political reasons due to their vast influence over the commerce sector. The next tier in tax strata is the earning middle class where more often than not, people are engaged in the public sector. For those who work in the private sector, falsifying income statements is childs play considering that most corporate ventures encourage the practice. This leads to an eventual turnabout with the government basically taxing itself. Hence, renumeration of most government employees is unsatisfactory prompting them to seek other avenues for extra pocket-money (Theobald, 76-85). Indians pride themselves on the countrys diversity. People from different religions, cultures, speaking different languages, all living in a centralised federation requires a lot of legislation to protect the numerous minority interests. To excecute and administer the affairs of such a large and diverse population requires intricate and hollistic functionality. The Indian
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bureaucratic machinery, a leftover from the Colonial era, has many tiers. At the forefront are the IAS (Indian Administrative Service) and the IPS (Indian Police Service). Following them come other departments dealing with taxation, postal, import and export services. The bottom rung is occupied by the state departments civil services (Pavarala, 29). This organization is fairly complex and involves a lot of interdependence between departments, the boundaries of which are murky at best. According to Delhi High Court lawyer Naunihal Singh, this leads to a more advanced and deep-rooted corruption than most other bureaucracies. Instead of corruption prevailing either only at the bottom tier in economically impoverished areas, or being concentrated in the highest circles of power for political reasons, it seems that along with the chain of command there comes a chain of bribes that slowly build to the top with monetary increments. This vertical integration that seems to be encouraged by the top-most officials makes it even harder to isolate the issue and fix it (Singh, 213). This strong trend of patrimonialism seems to be rooted in the nature of personal interactions in India. A strong sense of community along with ethnic identity are values inculcated at a very young age; this leads to partiality towards one of their own. In the political sphere, the race to any elected seat, be it in the village council or the higher house of the Parliament, is highly competitive. Most candidates launch a campaign based on bowing to the wishes of their financial backers whether it be in the interest of the public or not. Thus, in any one executive action, everyone from the secretary of the officer in charge to the benefactor of that officer has a personal gain.

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Given that corruption is such a widespread, omnipresent and inevitable phenomena in a country like India, its efficiency as a medium of procedural protocol should not surprise anyone. Where corruption is normal and widespread it is likely to generate a climate of opportunism, risk-taking and profit-seeking, (Singh, 135). This climate in some ways serves to ameliorate the economys growth rate. A rise in entrepreneurship is one outcome as bribery faciltates the advent of illegal enterprises which may be as fruitful and successful as legal businesses. Also, as the level of red tape grows in the workings of the public sector they grow more ineffecient and productivity falls to the extent that there is a gradual move towards privatisation. Private enterprise in India serves to greatly augment the GNP (Gross National Product) as the capital formation is at a higher level than the governments as the latter usually needs to subsidize its produced goods and services (Pavarala, 117). For example, allowing the private sector into the communications industry has sprung telecom giants such as Bharti and Reliance Communications that easily prevail over government setups such as MTNL. Theobald suggests that even market forces play a larger role in a corrupt setting; [usually] the state [will] attempt to suppress unofficial or black markets, there is always the possibility that pricing policy will be amended in line with the forces of supply and demand, (Theobald, 121). This seems to be an overly optimistic evaluation of the Indian government, as amongst politicians deniability is even more powerful than the bribea and perception is of supreme importance. In an effort to preserve their reputation there is an unspoken agreement not to acknowledge the blatant disregard of the law; For the exchange to work he must be aware that he is making it, while at the same time refusing to recognize it, (Ward and Green, 21).
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In the political sphere, corruption serves to build a propensity for action especially amongst the lower ranks of the bureaucracy, that is the civil services at state level. In a government loacalized at the center through operation, the state governments grow complacent of their duties and abilities. Bribe money provides an incentive to these politicians to institute reform and develop state policy. Also in a third-world economy such as India that is impoverished and has to deal with meeting the bare necessities of over a billion people, most people are deterred from entering politics as on paper it is all hard work for virtually no pay. In such cases, corruption proves to be an enticement for people to join the field of politics (Leys, 220). Without this recompense most of the public would remain discouraged to a political career path. The practice of baksheesh provides the grease required for the smooth operation of most administrative tasks and allows a quotient of flexibility and innovation enter the equation. Despite the socio-economic benefits gleaned from corruption, it is still considered a malady of the state. This is due to the hegemonic structure created by it. Corruption works based on the assumption that the person offering the bribe has sufficient means to do so; that is, he or she have either land, capital or some other form of incentive to proffer. Examining the large sections of society that live below the poverty line and even those people averaging just above it, one can clearly see and the economic class distinction that is created. Those who have the resources or income at their disposal to participate in the system are the ruling class and are able to protect their interests and needs. Others who are not so fortunate are disadvantaged on both ends. To achieve their goal they do not have the funds to offer bribes and there is little point in going through the proper legitimate channels as there are all manners of red tapism that cause
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delay and great inconvenience . Thus basic necessities such as shelter, food and clothing become inaccessible to this segment of society which is an inderect violation of human rights (Ward and Green, 18). The staggering failure of the Indian government in trying to direct social welfare efforts such as the PAPs (Poverty Alleviation Program) is rooted in the misappropriation and the poor distribution of funds allocated by yearly budgets. The trickle-down is fairly minimal, so the improvement in any given situation does not commensurate with the amount of money spent on these plans (Pavarala, 154). This problem isnt just confined to government organizations; most of the wage-earning section of society is rife with its own form of subornment. The practice amongst a good number of the middle and upper social strata members is to hoard a significant portion of their income from getting taxed. This black money is not declared on the income tax forms to the extent that 18-21% of the nations income is lost through this procedure (Pavarala, 156). The phenomenon has taken a strong hold of market forces, so much so that purchase of real estaste in any metropolis is near impossible without a majority of the downpayment being in the form of black money. However, this is accepted as the norm and rarely is anyone questioned about such dealings, let alone be reprimanded for them. In fact, corruption is taken as a given within any circumstance in the socio-political sphere of life. A popular television program on the national network in India called Office Office is a satirical comedy that follows the trials and tribulations of a common man Mussaddi Lal Bhagat as he interacts with different branches of
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the Indian administration and government organizations. Most episodes follows the basic outline of Mussaddi Lal trying to accomplish some task and being thwarted in its completion by stereotypically-constructed members of the bureaucratic service (the corrupt security guard, the disinterested secretary, the phony aide, and the nowhere-to-be-found officer in charge). One notable plot line involves a blood donation drive being held at a government hospital. In an effort to collect large amounts of blood, workers at the hospital devise a scheme where they will reward every donor with Rs. 1000. This naturally attracts a mainly impoverished set of potential donors, amongst whom is Mussaddi Lal. He ends up bribing the nurse, and guard to get him to the front of the line to donate blood. On the pretext of testing for diseases, the doctors draw two bottles of blood from him (YouTube). After going through the actual donation process Mussaddi doesnt receive much of a reward as most of it has gone away through bribes. However, he is encouraged to donate blood again so as to earn more money. At the end of this round of donation he falls severely ill due to the resulting weakness, and has to receive a blood transfusion which costs Rs. 5000. All in all, he ended up paying Rs 3000 for donating four bottles of blood (YouTube). Though this is an exaggerated and comical depiction of reality, what rings true is the disregard of the interests of the lesser party by those in a position of power. It is this form of corruption that targets the destitute and further worsens the state. The disparity in socioeconomic class is left stagnant within such a system as those at the top retain the means to stay at the top and the ones disadvantaged by the process are left without means or forum to seek redress or reform. This interference in basic functionality is a manifestation of structural violence
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instigated by a disproportionate power scheme. Nepotism and corruption in the higher ranks of political parties has far reaching consequences, to the extent that national security can be compromised. Scholars Mallick and Sen from the Institute of Defence and Startegic Studies, Singapore analyze the intersection of political corruption and human security (Mallick and Sen, 5) in the reference frame of Indira Gandhis declared Presidents Rule in 1975. As Prime Minister she declared a state of emergency (under which fundamental rights of speech, movement, non-armed gatherings, etc. and elections are suspended, and all the power and decision making rests in the hands of the governing political party) on June 26th. Mrs. Gandhi was a member of the Indian National Congress Party, the political party which formed when India was still under Englands imperialistic rule. The INC played a pivotal role in the freedom struggle and when India finally gained independence in 1947, Jawaharlal Nehru, leader of the INC, became the very first Prime Minister. Congress remained the unrivalled dominant party upto the late 60s. Slowly, the emergence of other oppostition parties which more often than not represented regional interests made their presence felt. These small opposition parties began cultivating friendships with the separationist members of the Congress. Such members helped represent minority interests of these parties, and the parties in turn catered to their political ambition. These were the beginnings of patrimonialistic relations; or rather, the advent of clientelism (Mallick and Sen, 11). Indira Gandhi, daughter of Nehru came to the helm of the Congress party during a time of considerable turmoil. The success of the party came from its strategy to cater to local
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demands and needs by confering with a chocie few local representatives for every province. This was done simultaneously with maintaining a united national front, so that they had all their bases covered. In time this local dependence became a crutch as the representatives realized the power that they held over the party in their dealings. They began to exert this power in the usual exercise of seeking and returning favors. When Indira came to the helm of the party, she chose to reassert the partys supremacy in face of the insurgence. This proved to be the wrong decision as her inflexible stand caused the party to split into its right and left wing factions in 1969, creating all the more pressure on her centralized administration to succeed; a statesmans dilemna of rising demands and insufficient resources, (Mallick and Sen,17-19), which only served to exacerbate corruption. The greater the increase in corruption, the more politically unstable Gandhis government became, prompting her to multiply her efforts to consolidate power at the center. The measures employed were often a violation of civil and human rights; for example, public protestation against the governments policies became punishable under law. There was a marked increase in the use of violence by the police forces to maintain law and order; bottom line was that they were given free reign leading to numerous reported cases of prisoner torture (Mallick and Sen, 27-30). This adverse effect on human security is cause for concern, especially since in the recent years similar cases of corruption within the police ranks have been a paradigm for violence against the disadvantaged.

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Transparency International 2005 developed a special report on corruption amongst the Indian police forces in collaboration with the Centre for Media Studies. The basic figures that jump out at the top of the report are: Rs 38990 million garnered through bribe money per year, 87% of interactions of citizens with police accompanied with a perception of being corrupt, 70% of citizens approach police through corrupt channels (Centre for Media Studies, 3). The payout of these bribes is often done directly without a third party involvement. This is indicative of the lack of social stigma attached to a police officer accepting a bribe. The major roots of corruption in this case are somewhat similar to that of bureaucrats. The long hours and unsatisfactory wages leads to a growing resentment of the system theyre supposed to protect. Also, there is a lack of proper infrastructure to facilitate them to doing their jobs. Most entries into the police force come from lower middle class uneducated families; this is the first time they are placed in a position of power after having been downtrodden their entire lives. Becoming a police officer does not require the rigorous training that it should, and most novice officers are launched into the field without adequate preparation. Thus, they are more prone to either falling under the influence of an experienced, corrupt cop, or they havent undergone the instruction that instills values such as honesty and integrity. Also, most citizens encourage corruption within the police department, by offering bribes to get out of the smallest scrapes such as fender-benders to even go so far as to avoid getting arrested. Apart from the natural tendency towards corruption, the interference of the political sphere with the system only worsens the situation. Promises of career advancement and preferential treatment in service matters and warnings such as drastic penal action and disfavoured treatment from politicians
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leave most police officers with no choice but to acquiesce to the formers demands (Centre for Media Studies, 12). In fact, during the declared state of emergency, the police force was used to further political agendas in blatant disregard of their official duties, prompting the formation of the National Police Commission (NPC) to recognize the flaws in the current system and suggest reformative measures. Unfortunately, but not surprisingly, none of the measures suggested by the NPC have ever been implemented, considering there is a complete lack of political will to push through the House this type of legislation. For the reason that a significant number of members of Parliament and state legislative assemblies have criminal records and engage in illegal enterprises themselves (Joshi). The Police Act of 1861 setup during the British rule is still the present day legislation outline the functions and method of operation of the IPS, despite being outdated and generic to a fault (Joshi). The biggest drawback to the status quo is the interdependence between the administrative system and the police force. This allows police officers to fall under the bureaucrats and politicians sphere of influence. This ruins the objectivity of their actions and creates an atnosphere of zero accountability as everyone has friends in higher places that protect their vested interests. The most common form of corruption within the police department is in the reporting of a crime itself. The formal registration of a case regards the approval of the senior officer at any district police station. In almost 47% cases, according to the report, one needs to bribe the officer to acknowledge that a crime had even taken place and allow you to lodge a complaint. Even more alarming than these facts and figures that hint at the enormity of the problem, are the reports of the deaths of citizens at the hands of the police in cases where
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those arrested have either not been convicted of their crimes or have sufferred punishment disproportionate to their crime. For instance, in Kalyan Singhs (former chief minister of a state in India) address in 1998 to the state police he encourages them to perform encounter killings, arguing that the killing one person who would be the cause of death of many others is justified. Such extreme idealogy comes from the public fear of crime that can provide a license to the police to ignore the law and deal with crime and criminals by using violent and illegal methods, (Joshi). Two years after the death of their sons in August 2002, Mr. Ghosh and Mr. Das were recompensed Rs. 100,000 by the government for the wrongful manner of their death. Being merely arrested for some small crime, and thrust into a 15-person capacity prison cell with over 200 other inmates, both Nemai and Anesh died due to the overcrowding and heat exhaustion (Asian Human Rights Commission). There is a dangerously common practice of the police detaining a petty criminal on the pretext of some charge and then demanding high sums for his release. Upon failure to procure the funds to pay the bribe, he is tortured and treated in an inhumane manner which sometimes results in death. The body is then disposed of in direct violation of the Criminal Procedure Code, which requires the police to notify a magistrate to carry out an inquest, (Asian Human Rights Commission). Those in the lower strata of economic well-being are left with no recourse if made target by the police. Any repurcusions from such degrading treatment of prisoners are easily avoided as the judicial system keeps the side of the police force for political and monetary reasons.

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Such custodial deaths going unpunished only serves to increase the already present distrust and fear of the law enforcement. Data collected by the National Human Rights Commission's (NHRC) shows an increment in death of prisoners in police custody from 136 in 1995-1996 to 183 in 2002-2003, illegal detentions increased from 112 to 3,595 and other police excesses from 115 to 9,622 (Joshi). Recent intelligence reports about the terrorist attacks in Mumabi, 2008 indicate that the Maharashtra State Police had forewarning of the attacks but still failed to act to prevent them (Asian Human Rights Commission). In many cases, militant organizations flourish under the nose of the state police simply by bribing them to look the other way. The fact that the ones in charge of upholding the law are aiding those that threaten national security is a grevious problem. Even if that is not the case within all police departments all over the country, the general perception of the police is that theyre corrupt, cater only to the wealthy and powerful and are ineffecient. This induces people to seek justice and the keeping of order into their own hands, leading to a state of anarchy. It seems that when there exists a mode of operation that is ubiquitous and efficient, but is morally reprehensible, there is a propensity to yield direct and indirect violations of human rights. Particularly, the section of society that works outside the system is persecuted. The principal measures that need to be taken to ameliorate the situation is creating a transparent method for assesing accounatbility in both the bureaucratic and law enforcement departments. Also, a separation between the political sphere and government organizations needs to be clearly outlined to prevent the interdependence that fosters corruption. Given that India is a third-world economy and is one of the most populous countries in the world, corruption is not just inevitable
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but to a certain extent is even necessary for econonmic and political growth. Though, when carried through as a functioning structure beyond its functionality (that is the critical conditions that necessitate corruption are now past and out of synce with the curent socio-political scenario), potential for exploitation develops. As seen in the case studies of the Emergency Rule in the 1970s and in the many examples of police crimes, those unable to participate due to financial limitations are coerced into surrendering their rights. This is when the systen breaks down as there is a general outcry resulting from the structural violence derived from such actions of subjugation.

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ANTH 156a Prof. Ferry 12/11/2009 Works Cited

Svati Goyal

Asian Human Rights Commission. "Custodial deaths in West Bengal and India's refusal to ratify the Convention against Torture." AHRC Statements 2004 (2004). . "INDIA: 'Super cop' is no solution to terrorist threat." 2008 AHRC in News (2008). Centre for Media Studies. India Corruption Study 2005 to Improve Governance. New Delhi: Transparency International, 2005. Joshi, G. P. "Police Accountability in India: Policing Contaminated by Politics." Human Rights Solidarity 15.5 (2005). Leys, Colin. "What is the Problem about Corruption?" Journal of Modern African Studies III.2 (1965): 215-224. Mallick, Shabnam and Rajasrhi Sen. "The Incidence of Corruption in India: Is the Neglect of Governance Endangering Human Security in South Asia?" IDSS Commentaries 103 (2006). Pavarala, Vinod. Interpreting Corruption: Elite Perspectives in India. New Delhi: Sage Publications, 1996. Singh, Naunihal. The World of Bribery and Corruption: From Ancient Time to Modern Age. New Delhi: Mittal Publications, 1999. Theobald, Robin. Corruption, Development and Underdevelopment. Durham: Duke University Press, 1990.
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Transparency International. Corruption Perceptions Index 2009. 18 November 2009. 7 December 2009 <http://www.transparency.org/policy_research/surveys_indices/cpi/2009/cpi_2009_table>. Ward, Tony and Penny Green. State Crime: Government, Violence and Corruption. London: Pluto Press, 2004. Weber, Max. The Theory of Social and Economic Organization (Selections). London: Oxford University Press, 1967. YouTube. OFFICE OFFICE -PART-(2). 29 September 2008. 12 December 2009 <http://www.youtube.com/watch?v=rPMSD3knGr8&feature=related>. . OFFICE OFFICE-PART-(1). 29 September 2008. 12 December 2009 <http://www.youtube.com/watch?v=FdCerHoYkLM>.

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