Structure:

• What is Human rights
• How corruption leads to Human rights violation
• Give some examples to substantiate your answer

Content:

The gravity of human rights violations resulting from corrupt practices is no less than that of custodial violence or any other form of violation of civil, political, economic, social, and cultural rights.

Human rights have traditionally been understood to be rights relating to life, liberty, equality, and dignity. In the Indian context, Section 2(d) of the Protection of Human Rights Act, 1993, has defined "human rights" to mean, "the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India."

Direct violations

• Corruption may be linked directly to a violation when a corrupt act is deliberately used as a means to violate a
• For example, a bribe offered to a judge directly affects the independence and impartiality of that judge and hence violates the right to a fair
• Corruption may also directly violate a human right when a state (or somebody acting in an of official capacity) acts or fails to act in a way that prevents individuals from having access to that right. To illustrate, when an individual must bribe a doctor to obtain medical treatment at a public hospital, or bribe a teacher at a public school to obtain a place for her child at school, corruption infringes the rights to health and

Indirect violations (corruption as a necessary condition)

• In other situations, corruption will be an essential factor contributing to a chain of events that eventually leads to violation of a
• This situation will arise, for example, if public of officials allow the illegal importation of toxic waste from other countries in return for a bribe, and that waste is placed in, or close to, a residential area. The rights to life and health of residents of that place would be violated, indirectly, as a result of the
• These rights are not directly violated by the bribe in this example, but the bribe was an essential factor without which the violation would not have
• Even without a direct connection, therefore, corruption may be an essential contributing factor in a chain of events that leads to a violation, and so may violate human rights
• Corruption often causes violations of women and children’s rights in this way. When women or children are trafficked (particularly for sexual exploitation and abuse, abduction, sale, prostitution and pornography), those responsible commonly corrupt Usually in return for bribes, the latter supply documents for crossing borders, or turn a blind eye to the trafficking activity. In these cases too, corruption is an essential condition and in its absence the violation would not occur.
• Corruption may also be an indirect cause where corrupt authorities seek to prevent the exposure of corruption. When a whistleblower is silenced by harassment, threats or imprisonment, or killed, the rights to liberty, freedom of expression, life, and freedom from torture or cruel, inhuman or degrading treatment may all be
• In such a case, in addition to the original act of corruption that the whistleblower was trying to denounce, it is highly probable that the acts that subsequently infringed his or her rights would also have corruption as a cause (for example, corruption at the level of law enforcement). Again, acts of corruption will then be essential factors in the

Remote violations (where corruption is one factor among others)

• Sometimes corruption will play a more remote When corruption during an electoral process raises concerns about the accuracy of the final result, social unrest and protests may occur and these may be repressed violently.
• In such a case, the right to political participation may be violated directly, and repression of the social protests may also cause serious violations of human rights (for example, the rights to life, prohibition of torture and ill-treatment and freedom of assembly).

Corruption and its effect on Human rights:

1. Discriminative treatment (rich versus poor- rich able to bribe their way, denying benefit to the poor- speed money etc; suicide by farmers unable to pay loans, when rich are given loan wavers)
2. Denial of justice (undertrials languishing in jail/ rich able to influence investigation and judiciary)
3. Harm life and liberty (death of whistle-blowers)
4. Deny political participation (corruption in election)
5. Effect the poorest of the poor and denying them the basic necessity to lead a healthy living ( death of children in UP due to lack of oxygen- corruption in hospital administration, death of tribals due to malnutrition- denied ration due to corruption)

Additional reading:

Having recognised that corruption affects human rights and the rule of law, it is important for us to develop the right to corruption-free governance through a number of rights-based strategies in India. Rights-based approaches to governance are those strategies that rest on the conceptual foundation that social and economic goals do not remain policy objectives, but get transformed into rights that are vested with the citizenry increasing incentives for public vigilance. In this conception there are "right-bearers" and "duty-holders." The people will have rights relating to various social and economic goals that were hitherto described as policy objectives. The representatives of the government are vested with the duty of ensuring the protection and promotion of the particular right.

We need to evolve rights-based approaches to development. This will help in eliminating corruption and promoting integrity and good governance in the following specific ways:

1. Corruption-free constitutional governance. The recognition of the right to corruption- free governance has the potential to bring the problem of corruption to the centre of the political This will ensure that the state and all its instrumentalities act in accordance with the Constitution and do not engage in any form of corrupt actions that will violate the fundamental rights of the Indian citizenry. This would require governance to be based upon the underlying ideals, goals, objectives, aspirations, and values of the Constitution. Unfortunately, corruption has undermined all these constitutional values. All individuals and institutions within the government would be expected to take the necessary steps to fulfil this fundamental right.
2. Empowering the judiciary and other The recognition of the right to corruption-free governance will quickly empower the judiciary to bring forward the integration of the anti-corruption discourse and the human rights discourse. Both these discourses are about increasing the legitimacy of the state and ensuring accountability of the administration. The judiciary is best suited to continue this role as it has attempted in the past to create greater transparency and infuse institutional autonomy and independence in investigative agencies engaged in anti-corruption work. With the development of such a human right by the NHRC, the judiciary is in a far better position to develop jurisprudence relating to good governance.
3. Galvanising social The development of the human right to corruption-free governance will help in galvanising social consciousness on issues relating to bribery and other forms of corruption. It is necessary to garner the support of the citizens, as it is their apathy and indifference to abuse of power that has resulted in corruption becoming institutionalised in India. Political morality cannot be brought about without the development of individual morality. The particular right can help in creating greater support for corruption-free governance and also result in the citizens valuing integrity and rectitude as important criteria for electing their representatives. At the same time citizens will feel a greater sense of urgency in reporting on corrupt activity.
4. Revamping the mandate of the NHRC. There is a need for the NHRC to revamp its mandate in the light of massive institutionalised corruption that has not left any institution in India untouched. The fact of the matter is that all human rights are violated due to The Protection of Human Rights Act, 1993, in the first para notes that it is "An Act to provide for the constitution of a National Human Rights Commission ... for better protection of Human Rights and for matters connected therewith or incidental thereto." The NHRC must ensure that its investigations make due note that corruption is the root cause of potential violations of human rights. In this regard, the NHRC may have to work in cooperation with anti-corruption agencies like the Central Vigilance Commission.

Thus the ultimate purpose of the government should be to ensure protection of human rights and promotion of corruption-free administration as a sine qua non for good governance.