Seeking 'sexual favour' is corruption under proposed law

August 21, 2016

New Delhi, Aug 21: Seeking "sexual favour" can be considered as bribe and people can be penalised for it under a new law proposed by a Parliamentary Committee.

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In its report on new anti-corruption bill, the Select Committee of Rajya Sabha has endorsed Law Commission's report and recommended inclusion of "undue advantage" in a relevant provision of the proposed legislation to cover "any gratification other than legal remuneration", including sexual favours, to explain offence relating to public servant being bribed.

In a first, the Parliamentary Committee has recommended criminalising private sector bribery by bringing in corporates and their executives in the ambit of proposed anti-corruption law and recommended jail term of upto seven years along with fine.

Besides, it has suggested punishment for bribe givers too.

The instances of graft are covered under Prevention of Corruption Act, 1988. To enlarge the definition of taking bribe and cover private sector bribery, the government has decided to introduce Prevention of Corruption (Amendment) Bill, 2013, which is pending. The term used in the bill to define bribery related offences was "financial or other advantage".

In November last year, some official amendments were moved to replace the term "financial or other advantage" with "undue advantage" to make "any gratification other than legal remuneration" punishable.

The Select Committee of the Upper House examined the bill and submitted its report recently.

"Members of the Committee also felt that the purport of the words 'undue advantage' used in the proposed amendments includes all forms of pecuniary and non-pecuniary gratifications and appears to be wide enough to be misused by the enforcement agencies," the report said.

The Committee, apprehends that the enforcement or probe agencies may misuse the expression to harass public servant as well as members of civil society in corruption cases and advises that adequate precautions be taken in this regard, it said.

"The Committee, however, notes that the Law Commission of India in it Two Hundred Fifty-fourth Report (February, 2015) has suggested to use the expressions 'undue advantage' in the PC Act. The Committee endorses the aforesaid amendments proposed to Section 2 of the PC Act, 1988 under the clause," it reads.

The Law Commission had in its report said "financial or other advantage" as mentioned formulation was narrower than the proposed changes to cover "any gratification whatever, other than legal remuneration".

"For example, it clearly covers sexual favours as 'gratification' in return for the public servant to do/refrain from doing a certain act. However, "other advantage" in "financial or other advantage" being interpreted using ejusdem generis (of or as the same kind) does not seem to cover sexual favours in return for the public servant's acts or omissions.

"Thus, the proposed amendment is actually narrowing the scope of corruption, instead of the stated intent of expanding it," it said, recommending use of "undue advantage" in the proposed bill.

The report said some stakeholders were of the view that there is need to provide an explanation to the terms 'non-pecuniary benefit' (being considered as an offence under corruption) as there is every possibility of filing of malicious and false complaints against public servants.

"Further, it was also suggested that casual exchange of hospitality like presenting traditional gift, souvenir or memento subject to a certain monetary limit and courtesy lunch, dinner during meeting or official visit may not be brought under the purview of 'undue advantage'," the Select Committee report said.

The panel apprehended that the probe agencies may misuse the proposed clause to harass public servant as well as members of civil society in corruption 'and advised that adequate precautions be taken in this regard.

Comments

kumar
 - 
Sunday, 21 Aug 2016

waste decision. first authority must learn how to tackle this otherwise totally a waste law implementation,

Manisha
 - 
Sunday, 21 Aug 2016

good decision by the govt really appreciable.

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News Network
May 6,2024

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Several women, believed to be victims of Prajwal Revanna, have left their homes in Karnataka's Hassan district over the last ten days, according to media reports.

These departures reportedly come amid fear and stigma after their identities became public due to the circulating video clips showing the women who were allegedly sexually assaulted by Prajwal Revanna.

"The entire district is in H D Revanna’s control. You speak ill about them and chances are high that it will reach them, because the family and the party have a large following," a shopkeeper in Hagare - 20 km from Hassan – was quoted as saying by the news paper. 

Hassan is the bastion of the JD(S) supremo Deve Gowda, and Prajwal, his grandson, is the sitting MP.

The family of the woman whose complaint was the basis of the first FIR against Prajwal has now left their home, the publication reported, citing a neighbour who said, "The woman worked at Revanna’s house as a house help. Some of her videos started to circulate and then, her house was seen locked. We don’t know when she left."

Notably, a former Zilla Panchayat member has also filed a rape case against Prajwal, and in that village many women who worked for the party formerly are now incommunicado, a JD(S) leader told the publication. "We noticed many of the party women deleting their photos with Prajwal on social media. In some instances, men are questioning their wives about their association with the MP. It is shattering the lives of many women in the district," he said.

The local leader added that the former Zilla Panchayat member was there on April 24, but no one had seen the family since the videos came out.

The case is currently being probed by an SIT team and when they reached the Revanna residence, party workers were reportedly heard talking about the women. "I know this woman, she lived close to our residence and was very active in JD(S) activities. Her house is locked… she has small children," one said, as per IE.

Another shopkeeper added, "It was really wrong to reveal the faces of the women. I know some of them, and they have gone into hiding. We don’t know whether they can return."

He noted that it is impossible to survive in Hassan while fighting a case against the Revanna family.

While Prajwal's father, H D Revanna is in SIT custody, a Blue Corner notice has been issued against the sitting MP.

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News Network
May 5,2024

Karwar, May 5: What commenced as a mere exchange of words between spouses swiftly transmuted into a calamitous ordeal, resulting in the heartbreaking loss of their innocent offspring. The heart-wrenching incident unfolded in the serene confines of Halamaddy village in the picturesque expanse of Dandeli, nestled within the idyllic expanse of Uttara Kannada district.

In the throes of a fervent dispute with her spouse, the aggrieved wife, succumbing to an overwhelming surge of emotions, callously propelled their tender six-year-old progeny into the somber depths of a nearby canal, thereafter alerting the local populace to her grievous act.

Promptly apprised of the distressing occurrence by concerned bystanders, the authorities were swiftly summoned to the scene to confront the harrowing aftermath.

Responding to the distress call, the diligent officers of Dandeli rural police swiftly converged upon the site where the innocent child had been cast into the unforgiving waters of the canal, subsequently effecting the retrieval of the child's lifeless form. 

Regrettably, it was discerned that a portion of the child's remains had been tragically claimed by the lurking jaws of a predatory crocodile.

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News Network
May 17,2024

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Bengaluru: The India Meteorological Department (IMD) on Friday forecast heavy rainfall and thunderstorms in a few districts of Karnataka and said Bengaluru is likely to witness light to moderate rain and thunderstorms, with temperatures ranging from 30 degree Celsius to 22 degree Celsius in the next 24 hours.

Shivamogga, Chikkamagaluru, Kodagu, Hassan, Mysuru, Mandya, Chamrajanagara, Udupi and Dakshina Kannada districts are likely to experience heavy to very heavy rainfalls between May 17 and 21, said C S Patil, Director of Meteorological Centre, India Meteorological Department, Bengaluru.

According to India Meteorological Department, some places in Kodagu, Hassan, Mysuru, Mandya and Tumukuru districts will also witness, gusty winds (40-50 kmph) on May 18.

Moderate rain and thundershowers are also likely in Chikkaballapura, Chitradurga, Davangere, Kolar, Ramanagara and Vijayanagara districts.

IMD also predicts light to moderate rain very likely at some places over Bagalkote, Belagavi, Bidar, Dharwad, Gadag, Haveri, Kalaburgi, Koppal, Raichur and Yadgir districts.

On May 16, Channagiri in Davanagere district received the highest rainfall of 6 cm. 

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