Corruption has long been one of the biggest problems in Pakistan. The Corruption Perception Index 2017 of Transparency International, ranked Pakistan 117 out of a total 180 countries. Even though various laws have been passed and governments have taken stern actions against the corrupt people in our society, how has this issue still not been resolved?
The topic of my column relates to the laws passed by various governments since the independence of Pakistan on August 14, 1947. Corruption is a curse which weakens the foundations of morality, and a person tempted by it might, in time, not even feel that they are involved in an immoral or criminal act. It ultimately leads to the destruction of institutions, at both domestic and state level.
Corruption has many manifestations. It is not restricted to bribery. If a person, no matter what their profession, deviates from the merit of their authority and responsibility, then they may be considered as corrupt. Consequently, this can lead to whole societies becoming corrupt, to the point where it becomes a routine habit, one that some might even proudly commit in public to show their disregard for the rule of law.
Back in 1949 when Liaqat Ali Khan was Prime Minister of Pakistan, the government passed the Public and Representative Office Disqualification Act (PRODA). It was considered a timely legislation and an effective remedy against corruption. The Act provided that a complaint could be sent to the Governor General (President) or Governors of the province if a person was suspected of being corrupt.
Back in 1949, when Liaqat Ali Khan was Prime Minister of Pakistan, the government passed the Public and Representative Office Disqualification Act (PRODA). However this legislation proved short lived as Liaqat Ali Khan was killed in 1951 and only three years after his death, the constituent assembly decided to repeal PRODA indefinitely
On satisfaction of the substance of inquiry, an order could then be passed to the judge of the High Court to investigate the matter further. If the accused was eventually found guilty then an appropriate punishment was to be awarded in the end. This legislation proved short lived. Liaqat Ali Khan was killed in 1951 and only three years after his death, the constituent assembly decided to repeal the PRODA indefinitely.
The second main legislation in this regard was enacted in the country under the rule of General Muhammad Ayub Khan. It was called the Elective Bodies Disqualification Order of 1959 and it is said that about seventy five elected members of the assembly were disqualified under this ordinance. However, it too was repealed within a few years of its inception.
In 1996, another attempt at introducing legislation against Pakistan’s corrupt was made, this time in the form of the Ehtesab Ordinance, and later, the Ehtesab Act of 1997. However this too was repealed only two years later, and replaced with the 1999 NAB Ordinance
In 1996, another attempt at introducing legislation against the corrupt in the country was made, this time in the form of the Ehtesab Ordinance, and later, the Ehtesab Act of 1997. However this too was repealed only two years later, and replaced with the National Accountability Bureau (NAB) Ordinance of 1999, which is still in effect today.
Besides the above stated laws, anti-corruption laws have also been enacted at the provincial level as well. Pakistan Penal Code 1860, Criminal Procedure Code 1898, Income Tax Ordinance 2001, and Customs Act 1969 are just some of the few important legislations designed for the eradication of corruption. However, while the government introduced several laws over the years to stem the rise of corruption in the country, these laws were never implemented properly for them to have a lasting effect.
It is imperative to analyse the situation and take appropriate measures. The principles of thorough investigation and exemplary punishment are necessary in order to eradicate corruption once and for all. Only condition is that it must be done indiscriminately and across the board.
The writer is an author and has a doctorate in Political Science
Published in Daily Times, July 26th 2018.
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