GoM formed to take call on UN anti-corruption law……Maneesh Chhibber
With the issue of corruption becoming a major point of confrontation between the UPA government and Opposition, the Centre has constituted a Group of Ministers (GoM) headed by Home Minister P Chidambram to consider the proposals mooted by the Union Law Ministry on ratifying the United Nations Convention Against Corruption.
An earlier GoM on the subject, constituted on September 17 last year after a decision was taken by the Union Cabinet on September 9, remained a non-starter and could not hold any meeting.
Sources said other members of the re-constituted GoM are Law Minister M Veerappa Moily, HRD Minister Kapil Sibal and Minister of State for Parliamentary Affairs V Narayanasamy.
During the G-20 Summit in Seoul, India had signed its anti-corruption action plan, which requires it to ratify and implement the UN Convention.
The need to refer the matter to the GoM arose after differences persisted within the government on whether appropriate legislation to amend the relevant Indian laws should be drafted after or before Parliament ratifies the Convention.
There is also lack of unanimity on whether the private sector should be brought under the purview of the anti-corruption laws, including whether giving and accepting of bribe there should be made a criminal offence.
The terms of reference of the GoM say that it would study the proposals with regard to the ratification of the Convention and give suggestions at the earliest.
Among other things, the UN Convention against Corruption makes it obligatory for the signatories to check corruption in the private sector. A government functionary told The Indian Express that while the Prevention of Corruption Act does provide for measures to deal with corrupt government officials and public servants, it is silent on corruption in the private sector.
Under UN Convention, once a signatory country ratifies the Convention, its private citizens, including businessmen, who indulge in corruption are liable to be punished. Indian agencies can seek cooperation of the signatory countries in investigating cases where they have information about the accused or his kin holding bank accounts in foreign countries.
Also, once India ratifies the Convention, it will become incumbent upon the Indian law enforcement authorities and the courts — amendments will have to be made in the CrPC — to arrest all private persons accused of corruption involving foreign countries and companies, if any foreign law enforcement agency demands the same.