LOBBYING
IS CORRUPTION FOR BHARAT, FOR INDIA NOT
A very fine, thin, and negligibly
indistinguishable line not visible to the naked eye divides corruption and
lobbying. It is like gambling which is considered as a crime, punishable when
played in private or public places and an elite glamourous pastime, not
punishable and in a way out of the purview of our criminal law when enjoyed in elite
clubs.
The distinction between corruption and lobbying
is as subtle and simple as between India and Bharat. It is a matter of how you
try to look at it. The difference between the two pervades as much as it exists
between the minuscule minority of those who feel proud to be Indians with a
permissive, chalta hai, liberal and 'secular' attitude and those
orthodox simpleton natives of Bharat for whom crime and corruption are nothing
else but crime and corruption in whatever manifestation. For the former the
splurge of gifts, their size and cost depending upon the clout one has in
political and administrative circles, is a civilized way of rejuvenating
lasting relationship with friends in need. For the latter, it is rank corruption.
For the first the act of adultery is a consensual sex between two consenting
adults and for the second it is a crime.
Lobbying, practiced with immunity in western
democracies like USA and UK is known as "the practice of individuals and organisations trying to
influence the opinions of MPs and Lords. Methods of lobbying vary and can range
from sending letters, making presentations, providing briefing material to
Members and organised rallies." (http://www.parliament.uk/get-involved/have-your-say/lobbying/)
That
money is used in this practice (or crime) of lobbying is proved by the
admission of the Global retail giant Wal-Mart — waiting
for years to open its supermarkets in India.
According to lobbying disclosure reports filed by Wal-Mart with the US Senate, the company has spent close to $25 million (about Rs 125 crore) since 2008 on its various lobbying activities, including on the issues related to "enhanced market access for investment in India". (http://timesofindia.indiatimes.com/business/india-business/Wal-Mart-admits-spending-Rs-125-crore-on-lobbying-to-enter-India/articleshow/17549995.cms).
According to lobbying disclosure reports filed by Wal-Mart with the US Senate, the company has spent close to $25 million (about Rs 125 crore) since 2008 on its various lobbying activities, including on the issues related to "enhanced market access for investment in India". (http://timesofindia.indiatimes.com/business/india-business/Wal-Mart-admits-spending-Rs-125-crore-on-lobbying-to-enter-India/articleshow/17549995.cms).
Under the Prevention of Corruption Act in
India corruption means: "Taking gratification other than legal
remuneration in respect of an official act" or "Taking gratification
in order to influence public servant, by corrupt or illegal means…..Taking
gratification, for exercise of personal influence with public servant".
The colossal amount of Rs. 125 crores was
spent by Wal-Mart for "various lobbying activities, including on the issue
related to 'enhanced market access for investment in India" does fall, if
not in full, in part, in the category of taking "gratification other than
legal remuneration in respect of an official act, and "taking
gratification in order to influence public servant, by corrupt or illegal
means" as per the provisions of the Prevention of Corruption Act in India.
Since huge money is involved, it clearly
follows that it was used as a "gratification other than legal remuneration
in respect of an official act, and "taking gratification in order to
influence public servant, by corrupt or illegal means". And it must be kept
in mind that ministers in government have been declared as "public
servants" by the Supreme Court of India. It is not equally unreasonable to
infer that a part of this money was used to "influence" some
political parties.
But Information Broadcasting Minister Mr.
Manish Tiwari says: "How can you be certain that lobbying
automatically translates into illegal gratification? There is nothing to
suggest either in jurisprudence or otherwise that the term lobbying is
synonymous with illegal gratification.
We can evade the real issue by taking a
purely legalistic view that Indian law recognizes it as a crime or no crime.
But what matter is the general perception of the people on an issue or act and
not what our law may or may not provide.
It is just like trying to play down the act of adultery as consensual sex
between two consenting adults, an act which for all intents and purposes is a
sin in the eyes of the aam aadmi.