Tag Archives: India

Guest Post: India’s Whistleblower Protection Act — An Important Step, But Not Enough

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Christine Liu, an associate at Cravath, Swaine & Moore’s New York Office, contributes the following guest post:

As Raj noted in his last post, the recent election of Narendra Modi as prime minister of India demonstrates that the Indian population wants change and supports actions against corruption (as do recent polls, such as the Lowy Institute study, which found that 96 percent of Indians believe corruption is holding the country back, and 92 percent believe that reducing corruption should be one of the government’s top priorities). One of the most important obstacles to fighting corruption in India has been the lack of adequate whistleblower protections. Individuals reporting incidents of bribery or corruption faced numerous hurdles, including verbal threats, physical violence, and ostracism. Others encountered workplace retaliation. Confronted with these risks, many potential whistleblowers chose to remain silent.

But there are encouraging signs that this may change. On May 14, 2014, Indian President Pranab Mukherjee cleared the way for the Whistleblowers Protection Act. This action represents a much-needed change from the history of delay surrounding the original bill, which was first introduced in August 2010 and then took years to pass the two Houses of Parliament—it passed in Lok Sabha on December 11, 2011 and in Rajya Sabha on February 21, 2014. The new whistleblower law is a significant achievement. Nonetheless, the law has some important limitations, and there are outstanding concerns about whether the law will be enforced effectively and foster public confidence. Continue reading →

India Votes against Corruption, But Not for Its Anti-Corruption Party

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For perhaps the first time, Indians set aside community and religious divisions to vote against an incumbent government perceived to be corrupt. Nevertheless, the country’s new anti-corruption party performed poorly in this month’s national elections, picking up only four of the five hundred and forty-five seats in the lower house of parliament.

I have written about the Aam Aadmi Party (AAP), a political outfit borne out of anticorruption protests, here. I recently expressed hope that the urban, middle-class party would be able to encourage rural, low-income Indians to vote against corruption, rather than along community or religious lines.

I was partly right–but only partly. India’s vast electorate handed a resounding defeat to the corruption-plagued Congress party. Congress—the party that led India’s independence movement and has ruled the country for most of the past sixty years—won only forty-four seats, its worst showing ever. This would not have been possible if India’s voters had ignored issues like corruption and good governance.

However, AAP was unable to take advantage of this anticorruption sentiment. There are two major reasons for this. Continue reading →

Will Corruption Matter to India’s Low-Income Voters?

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As India’s new anti-corruption Aam Aadmi (Common Man) Party (AAP) jostles for votes in India’s ongoing (six-week long!) national elections, it must figure out a way to challenge entrenched voting habits and engage with low-income voters on the issue of corruption. The AAP has been described (and sometimes dismissed) as a middle-class phenomenon–a political upstart that will have difficulty connecting with the country’s many low-income voters, who have long been expected to vote along community lines. But this dismissive attitude–and the idea that anticorruption is predominantly a middle-class concern–may not be justified. In fact, the evidence seems to suggest that an anticorruption message is particularly likely to resonate with poorer voters.

Continue reading →

Social Media and Anticorruption Reform: When Does Crowdsourcing Work?

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Is social media the next great tool in fighting corruption, or is its role more limited? As Matthew noted in his last post, some anticorruption activists have used blogs and other online platforms to circumvent traditional media, and there’s some limited evidence they may have had an effect. Perhaps even more exciting, the launch and the early successes of the website I Paid A Bribe, started by an Indian nonprofit, suggested that the egalitarian internet could take advantage of “crowdsourcing” approaches to provide information on corrupt activities, disincentivize bribe-taking, and educate the public. Anticorruption reformers in other countries took note of I Paid A Bribe’s achievements, launching their own country-specific spinoff websites.

But those websites have not been universally successful. One of the most notable recent disappointments has been in China, where I Paid A Bribe and similar crowdsourced antibribery platforms failed, and ultimately folded. Recent research by Yuen Yuen Ang examines the short-lived existence of China’s crowdsourced antibribery platforms and offers some explanations for why the Chinese efforts failed to accomplish their objectives. While she stops short of offering broader takeaways on the role of social media in combating bribery, we can draw some conclusions using her work as a starting point. Broadly speaking, her conclusions suggest that social media is only effective in combating bribery where an adequate educational, social, and political framework exists to support its use. Continue reading →

Lessons from Europe for India’s Anticorruption Party

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Last December, a year-old political party formed by anticorruption activists came to power in India’s capital, after a startling debut performance in Delhi’s local assembly elections. Within days, the new government, led by a former tax man named Arvind Kejriwal, announced a series of anti-graft investigations. Only 49 days into its term, however, Kejriwal and his colleagues resigned, ostensibly because their minority government could not push through an anticorruption bill. The party now has its eyes set on India’s parliamentary elections, set to occur this May.

Much has been written about India’s mercurial Aam Aadmi (“Common Man”) Party (AAP): its origins, its dedicated volunteers, its transparent campaign finance procedures, its vague policies regarding anything but corruption, and its missteps (some of which Russel Stamets discusses in a useful recent post on the FCPA Blog). Despite this, there has been little discussion regarding AAP’s place as a single-issue party in India’s deeply fractured political landscape, and little attempt to draw lessons from the successes and failures of anticorruption parties in other parts of the world.  Yet the experience of anticorruption parties in Central and Eastern Europe–as documented and analyzed by Andreas Bågenholm –offers both hope and important lessons to AAP and its supporters. Continue reading →