A Special Focus Wage a war against Corruption-III Unlimited greed feeding rampant corruption

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THEREFORE when I was the Governor of Bihar, I wrote the book entitled Trivarga – Panacea for all social and political maladies and was published by Bharatiya Vidya Bhavan, Bombay.

The importance of Trivarga as governing all human beings in all spheres of activity has been forcefully expounded by Justice Shri VR Krishna Iyer, former Judge of the Supreme Court of India in his foreword to the book Trivarga. It reads

“Trivarga was not any occult science nor riddle wrapped in a mystery inside an enigma. It was basic to social order with world-wide validity. Trivarga comprising of three inseparable ideals, namely, Dharma (Righteous Code of Conduct), Artha (every type of wealth) And Kama (Every type of desires of human beings ) as a permanent and effective solution for all human problems was put in the form of an injunction to all human beings in one verse:

“Reject wealth (artha) and desires (kama) which are contrary to Dharma (righteous code of conduct)” namely “Ahimsa(non-violence), Satya (truthfulness), Asteya (not acquiring illegitimate wealth), Shucham (purity) and Indriyanigraha (control of senses) which are, in brief, the common dharma for all”.

The trinity of fundamentals – Dharma, Artha, Kama,-which constitute the constellation is collectively expressed as Trivarga.

The glorious epics, the Manusmriti, Kautilya’s Artha Shastra and other classics governed the ruler and the ruled. Indeed, the rules of Dharma govern every sphere of activity, every profession, and every avocation. The doctrine of Trivarga is enduring system of values holding good in the social, political, domestic and international planes of human business.”

“Omitting this doctrine in our National Education System is at the root of the problem of corruption. Dharma and Trivarga doctrine based on it reigned supreme since times immemorial. It was part of even pre-primary oral education and thereafter to all including would be rulers. As a result, rulers always were afraid of acting against Dharma. I come from Princely State of Mysore which was ruled by Maharajas of Mysore for five centuries after the fall of Vijayanagar Empire in an ideal manner. No one could even imagine that ministers or higher officers could accept bribes”.

They followed the injunction in Mahabharata namely

/kekZ; jktk Òofr u dke dkj.kk;

Political power is meant to rule according to law and not to enjoy luxuries of life

As early as in 350BC Kautilya in his Arthasastra declared thus. iztklq[sk lq[ka jkK% iztkuka p fgrs fgre~A

ukRefiz;a fgra jkK% iztkuka rq fiz;a fgre~AA

(In the happiness of his subjects lies the king’s happiness; in their welfare, his weafare ; what ever pleases himself the king shall not consider as good, but what whatever pleases his subjects, the king shall consider as good.)

Judges were also governed by the rule of Dharma which was laid down in Yajnavalkya Smriti. It reads :

/keZ ÓkL=kUkqlkkjs.k dzks/k yksÒ fooftZr”

(Judges should decide cases uninfluenced by greed or anger.)

Sukraniti cautioned judges to be impartial in the following verse:

i>ikrkf?kjksiL; dkj.kkfu p iPJ oSA

jksxyksÒÒ¸k}sÔk okfnuksJp jg’Jqfr%AA

(There are five causes which give rise to the charge of partiality (against the Judge). They are : (i) Raga (affection in favour of a party); (ii) Lobha (greed); (iii) Bhaya (fear); (iv) Dvesha (ill-will against a party); and (v) Vadinoscha rahashrutihi (the judge meeting and hearing a party to a case secretly) which includes the advocates. Judges should avoid such causes.)

Judges were always remembered the above caution and were acting accordingly. Its importance is recognised by incorporating its substance in the form of oath prescribed in the third schedule to the Constitution

But unfortunately the sense of Dharma weakened and also disregarded. Therefore we are in the present predicament.

Unlimited greed cause

for rampant corruption

As is well known during struggle for freedom sense of patriotism selflessness, sacrificing of everything for securing freedom by getting ‘Bharat Mata’ released from the shackles of slavery was uppermost in the mind of freedom fighters. Then “Bharat Mata” was our Aradhya Devata. Strangely, after we secured independence and the struggle for freedom was succeeded by struggle for power, all those aforesaid qualities which were in existence during struggle for freedom vanished. Unlimited greed for money, wealth and political power to gain them, and utter selfishness replaced them. Money became our ” Aradhya Devata” and corruption became the method of worshipping it. All good virtues which inspired us during struggle for freedom melted away in view of the greed of money and power. Doctrine of Trivarga was made Dwvivarga by discarding Dharma “Paisa Kamav, Maza Karo”. Became the main disere of life (Accumulate Money illegally and enjoy immorally) became the sole object of life particularly among the ruling class. Mahatma Gandhi had said that the need of a man can be satisfied but not his greed. Lord Buddha had held the view 2000 years before that the greed is the root of all the miseries of man. As unlimited greed became dominant among the rulers weed of poisonous corruption took root in it and has grown into a huge poisonous tree.

The river of corruption which started trickling down after independence from the highest echelons of administration of the Union and the State, has now become a mighty and turbulent flood washing away all the principals flowing from Dharma including moral education from our National Education System.

Another malady is, small corrupt individuals are caught and punished whereas mighty and influential persons go scot free that is why the popular saying “that law is a wondernet in which small fishes are caught, and big fishes escape. This is evidenced by the case of bofors and other cases. If administration has any meaning the above state of affairs should be reversed forthwith.

Now every corrupt person feels that it is his natural right to be corrupt and feels that there is nothing to be afraid of. In that

fj’or fy;k rks Mjuk D;k

fj’or fy;k dksà pksjh ugh dh

What is wrong in taking bribe as I am not committing theft?

Such is the dangerous situation. This must be put an end to by taking both short-term and long-term measures. I am suggesting some of them.

Remedies

Short-term and immediate steps

1-To appoint persons who by nature and antecedents are absolutely in corruptible to catch corrupt officers.

2-Transparency in recruitment and posting to pubic offices including judiciary eschewing collateral considerations of religion caste, friendship or political association.

3-Completion of departmental inquiry or criminal trial through fast track method and imposition of the highest punishment permissible in Law with in a maximums period of six months.

4-Immediate confiscation of properties found to be highly disproportional to the known source of Income giving wide publicity to such action taken so that they stand condemned before the public.

5-Seizing bank accounts, where the money deposited is also highly disproportional to known source of income whether deposited in his own name or in the name of others.

6-In this behalf the guidelines given in the following rule of Rajadharma should be followed

firkpk;Z lqâUekrk Hkk;kZ iq=”” iqjksfgr”

uk n.M;ks uke jkKks•fLr ;” Lo/kesZ u fr”Bfr

An offender whether father, teacher, friend, mother, wife,Priest, should not go unpunished. If so happens there will be no rule of Law (Manusmrti -viii 335)

Launching war against corruption as urged by APJ Abdul Kalam former President of India.

Students Should wage war against corruption in a big way as had been done during struggle for freedom with determination. They should become ‘Prahallads’.

Even against parents if they are corrupt and refuse to use corrupt money under any circumstance.

Role of lawyers and judges

In the war against corruption lawyers and judges have to take the lead. Not with standing moral degradation set in among them they have a capacity to rise to the occasion overcoming their greed. They should do so in response to the call of the nation as they are nyayavadis (those who plead for justice) and nyayadeeshas (those who deliver justice). Judges at all levels should take oath that under no circumstance they will fall a prey to corruption and the oath taken should be uppermost in their mind which itself gives immunity against corruption. They should remember the caution to the judges given in Sukraniti quoted above in their minds.

Lawyers who played an important role during freedom struggle should be in the fore-front in the war to be waged against corruption. They should remain true to their profession. In fighting corruption lawyers are better placed and are in a position to inspire and influence all others and also because it is the duty which is required to be discharged by them if they are true to their profession.

Long-term measures

To inculcate the doctrine of Trivarga in all the children and youths through National Education System making it a compulsory subject common both for general education as well as for all professional education.

If this is done at least now, which should have been done immediately after independence we will get honest and good citizens in the next generation that is after 30 years.

Also to inculcate doctrine of Trivarga in all those who come to hold positions of powers either in political parties or in the administration by initial and periodical instructions and training and refresher training. This should be undertaken in order to get honest administrators in future.

It is the corruption which has eclipsed our otherwise excellent national life and has undermined our democratic system and polluted administration at all levels causing misery to the people and has damaged nation’s reputation.

If we win the war against corruption; which we could and should; because of the highest human values evolved in this land from times immemorial, such as the concept of equality and well being of all, not only of human beings but of all living beings; and the concept that world is one family (Vasudhaiva Kutumbakam) as distinct from the western concept, that world is one market for exploitation and the concept that all should be happy (sarvebhavantu sukhinah, loka samasta sukhino bhavantu), highest respect for womanhood and great importance for moral values and more than all respect for all religion, and supremacy of “Dharma” Bharat would regain highest status among the comity of all nations and would reach the pinnacle of glory.

We should remember the call given by Swami Vivekananda namely:-

mfr”Br tkx‘r izkI;ojkfUucks/kr

Arise awake and stop not till the goal is reached

(Concluded)

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