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.

This book offers the reader a broader view of the human rights approach towards combating corruption - including the arguments of those who oppose this approach - while it also considers how corruption may violate individual civil, political, economic, social and cultural human rights.

This book establishes the link between human rights and corruption. The contributors of this book are well known academicians, civil servants, judges, lawyers and social activists. Corruption is so pervasive in India that it has turned public service for many into a kind of criminal enterprise. The human rights based approach with its main elements of linkage to rights, accountability, empowerment and attention to disadvantaged groups, has been developed specifically to address these inequalities and to ensure that the poor and disadvantaged are also equal partners in development.

As corruption continues to be a persistent problem in India, concerned citizens believe empowered police agencies independent of political control are effective ways to deal with corrupt officials and politicians. What is corruption and how is it facilitated? What are the appropriate agencies to combat corruption professionally in India? Why are these not effective in deterring corrupt practices? Are the alternative solutions to tackle corruption successful? This book seeks to engage with these questions, discuss and analyze them, and conduct a thorough analysis of law, bureaucratic organizations, official data, case studies and comparative international institutions. It analyzes vast data to argue that a corrupt state only maintains the façade of rule of law but will not permit any inquiry beyond that of individual deviance. Using criminological perspectives, it presents a novel mechanism, the 'Doctrine of Good Housekeeping', for public officials to combat and prevent corruption within their own institutions.

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.