Excelsior Correspondent
NEW DELHI, July 19: Rajya Sabha today unanimously passed a historic anti-graft legislation moved on behalf of the Government by Minister In-charge DoPT, Dr Jitendra Singh, whereby active bribery or bribe giving will also hereafter be considered an offence and as per the new law, the bribe – giver may get imprisonment upto 7 years.
Describing the new law brought in by the Prevention of Corruption (Amendment) Bill as a historic paradigm shift in defining offences related to bribery, including not only bribe taking, but also bribe giving or active bribery, Dr Jitendra Singh said, as per the new law, not only the spectrum of bribery-related and corruption-related cases is being enhanced, but at the same time, adequate safeguards have also been incorporated to protect the honest and performing officers from any undue intimidation or harassment.
Describing some of the specific features of the new law, Dr Jitendra Singh said, in a country like India, there are also cases where a lesser knowing person is forced to give bribe under pressure or coercion and for such forced bribe – givers, who did not willingly offer bribe, but were under pressure to do so, the new law incorporates provision for the concerned individual to seek protection if he has been forced to give bribe.
While making the new anti-graft legislation wide based, the government has also taken adequate care to incorporate sufficient safeguards for honest performing officers so that their initiative does not get intimidated or they do not get demotivated. For example, prior permission from a competent authority will have to be required before proceeding against any officer of any level and this provision will be applicable even after retirement. Similarly, before proceeding against an officer, the anti-corruption case will have to establish that the officer concerned was the beneficiary of “undue advantage” in lieu of a decision or favour from him. Another officer-friendly condition incorporated in the new legislation is time-bound limit of two years to conclude an anti-corruption trial against the booked officer.
In his concluding remarks, Dr Jitendra Singh thanked the members of the opposition, including Congress, for having unanimously supported the bill moved by him. He said, the government is always open to healthy suggestions from all political parties. As far as the law against corruption is concerned, he said, till the day the society and the nation evolves to a level of incorruptibility, the need to modify or improve the anti-corruption laws would keep arising from time to time.