AFTER 60 YEARS OF INDEPENDENCE
Honorable Union Minister Mr. P.Chidamabaram as back as in 1988,while inaugurating the second annual vigilance officer’s conference at Chennai said—‘the virus of corruption appeared to envelop the whole fabric of society and when some people tended to be corrupt, even the honest people became suspect’.( The Indian Express- Daily News Paper- Hyderabad Edition, dated 22nd March,1988).
The age old proverb continues to be up spring—“while honesty knock and waits at the door, the bribery enters in...”
It is correlated and linked with the economic activity and advancement of science and technology, clubbed with the power and politics. Et emerges on its own carves and crop up through mismanagement, ignorance, over confidence, dependency, over reliability, uncalled for rewards, praise, underlying assumptions, and so on.
The characteristic trend of the white collar crime can be best equated with that of F. Engel’s words-‘it is self evident that where things and their inter relations are conceived, not as fixed, but as changing, their mental images, the ideas are like wise subject to change and transformation, as they are not encapsulated in rigid definitions, but are developed in their historical or logical process of formation…….’.
It is talk of the day in general that when news surface on some white collar criminality, every one denounce it and make hue and cry for strict action against the defaulters and so on. From the next day on wards they forget about the issues, and put their sight on some other matter of importance.
Its unabated trend as is emerging in all spheres of life under the guise of lacunae in the projection of evidence or through investigation loop holes. It is being protected and safeguarded by the vested interests during its official transactions for material or wrongful gains by way of inter dependence, and easy way of penetration into such agencies.
These crimes are not generally located or identified by general public and even by others who have no access to the official dealings. Being a demi official and secret in transactions, it is spear heading by over coming the police net work and other Law Enforcement agencies by sociopaths.
It takes its shape through learned behaviour, having a change and chance to leap when social status and position permits. It survives under active support of clientele it serves, with empiricism having authority and power. It is such a clandestine activity which do not easily attract the attention of the machinery or of the honest superiors unless and until its operation is leaked out through some source.
It may not be out of place to mention the words appeared in ‘The Economic and Political Weekly- annual Number-1967’ .Its inner meaning to be applied openly with broad mindedness to fit to the present contest of white collar criminality. The paper quoted that’ …the question really is whether the present disorders and discontents are the prelude to a deepening political crises or only a passing phase. Any one who remembers the post independence history of India; one cannot honestly say that Indian politics are moving smoothly and tidily even when the Nehru era was at its peak….and any party that has been in power as long as the congress party has been in bound to become feeble, corrupt and demoralized…’.
The white collar crime generates through super derogative official actions concerning to an issue or project, and emanate at a particular time. At least one official is always involved in enumerating for its emergence through ante room. It is not that easy to read the minds of these officials, unless you join them, (at least as a decoy, and or act as a secret agent or dope), It is very difficult to find out the plan of initiation and action before it is worked out. It is a recognized arrangement and or an agreement between the vested interests; of course one should have high social standards, respect, domain, status and what not.
Once the operation begin, they shall not have time to re generate to think of its side effects as the material or wrongful gain pour in and they are caught in a vicious circle.
Is there any remedy or resolution to solve the problem of white collar criminality? Certainly, one can say yes. There should be a favourable and positive answer.
Of course, the crime and disorders in the society attract the Law and the Law enforcement agencies. But what about the white collar crime, which is independent of itself.
The authority in power has to analyze as to how and why it is living and surviving from within itself, and why it is even withstanding the pressures of the society; why the Law enforcement agencies are unable to tackle it effectively and efficiently; why it is grooming forward with out any sudden death or ineffectiveness. For all these questions and problems, sincere and honest answers are its solution.
Bring the honest top officials to the fore front. Change the pattern of selection of the top brass and other designated jobs.
It is my opinion to select sincere, good, and efficient personalities from all fields including the public and private industries; make coordinated committees; the chartered accountants, the doctors, the engineers, the bank officials are the officials who can also lay hand and curb this menace at the beginning. There shall be a separate department by itself.
The Intelligence departments and other co related Vigilance branches of the Central Government and of the States, the Economic Offences Wing, the Customs and Central Excise Intelligence wings the Narcotic and Drugs control wings are some of the citations which are dealing with the specific nature of offences. These are supplemental to bring down the economic offences. But, it is opined that they can not eradicate the so called white collar crimes which take its bud from within and emerges surreptitiously unless curbed at the beginning itself.
It is opined that by a special Act or other wise, there shall be a separate department at the Centre under the exclusive control and supervision of its Chairman and the Chief Director General and he shall be answerable to the Parliament and to submit annual report.
Like in the IPS officers’ cadre transfers, seniority and promotions, the personnel from one Force shall be subjected to transfer to the other Force, so that there can be no ambiguity in their seniority and promotions, being centralized services in India
As seen from the present set up there are many a number of Armed Forces some working under the exclusively control and command of different Ministries of the Central Government, having there own set up of selection process and procedure, transfers, seniority, and promotional channel.
Let there be one SYSTEM AND ONE TYPE OF RULES AND REGULATIONS FOR THE ENTIRE CENTRAL POLICE /ARMED FORCE PERSONNEL COMING UNDER THE PURVIEW,CONTROL AND COMMAND OF THE MINISTRY OF HOME AFFAIRS/MINISTRY OF RAILWAYS(THE RAILWAY PROTECTION FORCE). WHY SO MANY SELECTIONS/DIFFERENT SETS OF DESIGNATIONS/CADRES/SET OF RULES FOR PROMOTIONS/ADHOC PROMOTIONS(RPF)CONTINUATION FOR SEVERAL YEARS EVEN DECADES WITHOUT CONFIRMATION, WHILE DIRECT OFFICER GETS PROMOTION JUST AFTER COMPLETION OF THREE YEARS LIKE THE RAILWAY 'S OTHER CADRE OFFICERS....
Unlike that of The Railway Protection Force, it is believed that in India there is no other Force having only two types of group cadre posts-Group ’C’ and Group ’A’. There is no system of other channel of promotion, a Group ’C’ cadre post personnel shall be promoted directly to the Group ‘A’ cadre post.
Like all other Central Government and the State Government departments, there should have been four Groups in the RPF department also and shall be brought under the control and command of the Ministry of Home Affairs.
All the central police forces and other armed forces shall be brought under the command and control of the Chairman and Chief Director General of the Central Police Organization under the Ministry of Home Affairs. There shall be only one type of selection process, procedure. The Rules and Regulations, and the departmental proceedings shall be same for all the Force personnel whether working in the States or under the Central Government services or at nominated public undertakings.
There shall be a separate Central Intelligence Wing exclusively to deal with white collar crimes under the Ministry of Home Affairs. Like the Central Bureau of Investigation, or the Intelligence Bureau, it shall pas on the forecast and the intelligence to the Director General for its evaluation and further process to eliminate black sheep’s from the concerned departments.
The incumbents shall be drawn by an honest selection process. Qualitative selection shall be need of the hour to curb the white collar crimes.
The Central and the State Service Selection Boards or the Committees shall be under one command with one and similar type of centralized selection process, in so far as the selection of police or other subsidiary forces/ DESIGNATED OR NOMINATED AS ARMED FORCES OF INDIA LIKE THE RPF (but in fact work under Ministry of Railways(industry) and not even the Ministry of Home Affairs) selections takes place; there shall no differentiation between the ranks, cadres or groups from one Force to the other one; whether it may be working for the State or for the Central Governments.
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