Abstract

The impact of this culture of impunity has been twofold. Firstly, it has promoted a climate which is conducive to violations of human rights of citizens, because the security force personnel or public servants are not deterred from wrong doing, safe in knowledge that sanction to prosecute them will not ordinarily be given. Secondly, it has undermined the rule of law and damaged the democratic fabric of society. The basis of this culture is the inequality in the application of laws. Though the government cites very laudable objective behind Section 19 of the Prevention of Corruption Act, 1988, the fact remains that this provision of law has been used more to protect corrupt than to shield honest public servants. There is a definite need to earnestly review the entire working of the law relating to grant of sanction to prosecute. The review may include the possibility of discarding the provision altogether from the statute book, as the Lokpal and Lokayuktas Bill, 2011 attempted to do.

Full Text
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