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E-raamat: Corruption and Human Rights in India: Comparative Perspectives on Transparency and Good Governance [Oxford Scholarship Online e-raamatud]

  • Formaat: 212 pages
  • Ilmumisaeg: 01-Sep-2011
  • Kirjastus: OUP India
  • ISBN-13: 9780198077329
  • Oxford Scholarship Online e-raamatud
  • Raamatu hind pole hetkel teada
  • Formaat: 212 pages
  • Ilmumisaeg: 01-Sep-2011
  • Kirjastus: OUP India
  • ISBN-13: 9780198077329
"This book is an extraordinary contribution to the study of corruption in India with a comparative perspective that has suggested policy reforms to address corruption. I have no doubt that the book is of immense value to the members of the legislature, executive and the judiciary for its intellectual rigour and meaningful solutions for fighting corruption.' Justice P.N. Bhagwati Former Chief Justice of India & Former Chairperson, United Nations Human Rights Committee

"The disconnect between India's global ambitions and its tenacious tradition of mismanagement and corruption has been a major obstacle to achieving its potential as a leader in the global economy and human development. In this book, Professor Raj Kumar has addressed forthrightly the core issues, without compromise or defensiveness.' Stephen P. Marks Francois- Xavier Bagnoud Professor of Health and Human Rights & Director, Program on Human Rights in Developinent, Harvard University

"This wise work takes us fully beyond the conventional public policy and law reform discourse concerning controlling corruption. While guiding us to a rich comparative understanding, Professor C. Raj Kumar engages the distinctively distressing details of the Indian context, within the promise of Indian judicial activism as a resource for re-democratization of India. Human rights and social movement activists, conscientious political and bureaucratic actors, as well as public intellectuals everywhere will benefit a great deal by a constant recourse to this germinal text.' Upendra Baxi Emeritus Professor of Law, University of Warwick & Former Vice Chancellor, University of Delhi

The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights

This important and timely work adopts a new approach for analysing corruption---corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong

Proposing a new line of thinking to fight corruption, this book will be invaluable to lawyers, judges, policymakers, activists, and journalists, as well as teachers, researchers, and students of law, political science, public policy, and sociology

Corruption in India has become a growing and pervasive concern. It undermines not only the democratic institutions, but also the social fabric, political and bureaucratic structure of the Indian society. This book examines corruption from a human rights perspective. It differentiates between two approaches to dealing with corruption, the criminal law enforcement approach to recognizing criminal culpability and the human rights approach to seeking accountability for corruption. Relying on the latter, it analyzes corrupt practices that lead to violation of constitutional rights of individuals. In order to address the systemic inefficiencies in dealing with the problem, this work suggests key legislative and institutional reforms. It also critically examines the present anti-corruption framework, and legislative and institutional measures taken by various governments. Advocating accountability and transparency in governance, this book critically focuses on the right to information and the working of central and state information commissions. It compares India's experience with some other developing countries in South Asia.

This book will interest lawyers, policymakers, activists, and journalists. It will be useful for teachers and researchers in the area of law, political science, and sociology.
Acknowledgements xv
Foreword xix
V.R. Krishna Iyer
1 Introduction
1(39)
Corruption: Introducing the Problem
2(13)
Overview, of Corruption in India
15(13)
Corruption and its Relationship with Human Rights
28(2)
Corruption and its Implications for the Rule of Law
30(10)
2 Corruption and its Impact on Human Rights
40(24)
Corruption and the Human Rights Framework
40(9)
Corruption and its Relationship with Specific Human Rights
49(8)
Sovereignty in the Context of Globalization, Human Rights, and Development
57(7)
3 Corruption and its Consequences for Governance in Asia: A Comparative Perspective
64(30)
The Proliferation of Corruption in Asia: Problematizing the Issue
64(7)
Models for Combating Corruption in Asia
71(9)
Linkages between Violations of Human Rights and Corruption in Asia
80(14)
4 Existing Framework for Combating Corruption in India
94(34)
Constitutional Framework for Promoting Transparency in Governance
94(14)
Legal and Institutional Framework for Fighting Corruption
108(20)
5 New Legislative and Institutional Reforms for Eliminating Corruption in India
128(43)
Legislative Measures Required
128(11)
Institutional Measures: National Human Rights Commission
139(23)
Institutional Measures: Central Information Commission and the Right to Information
162(9)
6 The Way Forward: Establishing an Independent
171(43)
Commission Against Corruption Creating the Right Political Environment for Combating Corruption
171(17)
Towards Establishing an Independent Commission against Corruption
188(9)
ICAC and its Relationship with Other Institutions---Formal and Informal
197(3)
The Way Forward: A Cohesive Approach to Combating Corruption
200(14)
Postscript 214(11)
Index 225
C. Raj Kumar is Professor and Vice Chancellor, O.P. Jindal Global University; and Dean, Jindal Global Law School. He is also Consultant to the National Human Rights Commission in India. Also, former Consultant at UN University, Tokyo; UNDP; International Council for Human Rights Policy, Geneva. Also taught at the School of Law of City University of Hong Kong.