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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April 29,2024

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Bengaluru, Apr 29: HD Revanna, the father of Karnataka MP Prajwal Revanna, has accused rivals of creating a conspiracy out of "old videos", a comment that is likely to raise a bigger row over his son's alleged link to the obscene videos.

A woman yesterday filed a police case against Prajwal Revanna and his father over alleged sexual assault. Prajwal Revanna, the Janata Dal (Secular) MP and grandson of former Prime Minister HD Deve Gowda, has denied the latest allegations and also filed a police complaint over circulation of obscene videos, which he said were morphed.

Prajwal Revanna left for Germany on Saturday morning after voting in the Lok Sabha elections a day earlier.

"I know what kind of conspiracy is going on. I am not someone who'll get scared and run away. They have released something that was 4-5 years old. Expelling him from the party is left to the party high command," HD Revanna said.

When it was pointed out that an FIR has been registered against him too, he said, "There is politics, I don't want to comment. They (Congress) are in government and they will do whatever they want."

"All these things are not just today, the Deve Gowda family in the last 40 years (has been targeted by) Congress. CoD (now CID), Lokayukta probe, we have been facing for the last 40 years... I don't want to react to anything...let them take action in accordance with law," he said, adding that he hasn't spoken to Deve Gowda on the issue.

"Since the special investigation team is looking into the case, I will not react any further," HD Revanna said.

Yesterday, a first information report was filed against the father-son duo on charges of sexual harassment, intimidation and outraging the dignity of a woman.

The survivor alleged both sexually assaulted her, and when Revanna's wife was not home, he touched her inappropriately and used to sexually assault her. The complainant alleged Prajwal Revanna also misbehaved with her daughter over a video call. "My daughter blocked his number after repeated calls," the complainant said.

The latest FIR comes when Prajwal Revanna is already in the middle of a controversy after some objectionable videos went viral on social media allegedly involving him.

Prajwal Revanna is seeking a fresh term in the Lok Sabha from as a National Democratic Alliance (NDA) candidate from Hassan.

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April 22,2024

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Mangaluru: BJP candidate in Dakshina Kannada Capt Brijesh Chowta has received a letter from Prime Minister Narendra Modi wishing him victory in the election.

In the letter, which the BJP shared with the media, the PM has lauded Chowta’s exceptional services in the armed forces as a part of the Gorkha regiment, especially in counter-insurgency operations. Modi also has mentioned about Chowta’s efforts as an organiser of the Mangaluru Lit Fest and his dedication to preserve the cultural heritage of the region.

“I am certain that you will immensely contribute towards the welfare of people and the region of Dakshina Kannada. Through this letter, I would like to tell the people of your constituency that this is not an ordinary election. Families across India, especially the senior members, would remember the difficulties they have gone through in the last five to six decades. In the last 10 years, the quality of life of every section of society has improved, with many of these troubles removed. Yet, a lot more is still to be done and this election will be decisive in our mission to ensure a better life for everyone,” reads the letter. 

“Your exceptional service in the armed forces as a part of the Gorkha regiment, especially in counter-insurgency operations, is commendable. Additionally, your efforts as an organiser of the Mangaluru Lit Fest demonstrate your dedication to preserving the cultural heritage of the region. I am certain that you will immensely contribute towards the welfare of people and the region of Dakshin Kannada”

“With the blessings of the people, I am confident that you will reach the Parliament. Team members like you are a great asset for me. As a team, we will leave no stone unturned for the welfare of the people of your constituency and the country. Through this letter, I would like to tell the people of your constituency that this is not an ordinary election. Families across India, especially the senior members, would remember the difficulties they have gone through in the last 5-6 decades. In the last 10 years, the quality of life of every section of society has improved, with many of these troubles removed. Yet, a lot more is still to be done and this election will be decisive in our mission to ensure a better life for everyone.

“This election is an opportunity to connect our present with a bright future. Every vote that the BJP gets will go towards forming a stable government and impart momentum in our journey to become a developed nation by 2047. The people of India themselves have made up their minds to support this vision and are leading the way in this election. I am aware that the summer heat poses problems to everyone. But this election is extremely important for the future of our nation. I appeal to the voters to cast their votes early in the morning, before the heat sets in.

“It is important that our workers motivate people to go out and vote in large numbers. Focus on winning the booth. Victory in every booth leads to success in the constituency. At the same time, I request workers of our party to take care of their health and that of other people around them. As a candidate of the BJP, I urge you to convey my assurance to each voter that every moment of my time is dedicated to the welfare of my fellow citizens. I send you my wishes for your victory in the election,” stated PM Modi in the letter.

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May 1,2024

Bengaluru: A red alert denoting severe heat wave has been issued for six districts of Karnataka by the Karnataka State Natural Disaster Monitoring Centre (KSNDMC), as temperatures are likely to cross 46 degrees Celsius.

Bagalkote, Belagavi, Dharwad, Gadag, Haveri and Koppal districts will see temperatures ranging from 40 to 46 degrees Celsius between May 1 and May 9, according to KSNDMC.

The monitoring centre also pointed out that when comparing the maximum temperature recorded in Karnataka in the past seven years – between 2017 and 2024 – April 30, 2024 recorded the highest, 45.6 degrees Celsius.

Meanwhile, in a statement released by the India Meteorological Department in Bengaluru, the trough/wind discontinuity from southeast Madhya Pradesh to South Interior Karnataka (SIK), across Vidarbha, Marathawada and North Interior Karnataka (NIK) extending up to 1.5km above mean sea level persists.

But as per IMD, the department issued a severe heat (red) alert only when the actual maximum temperature crosses 47 degrees Celsius.

The maximum temperatures are likely to continue and also be around 40 to 46 degrees Celsius over parts of NIK districts, such as Raichur, Kalaburgi, Yadgir, Bellary and Vijayapura districts till May 6, the natural disaster management centre said on social media platform X.

The remaining NIK districts, most of the SIK districts and Dakshina Kannada district are likely to experience maximum temperature between 40 and 44 degrees Celsius, it added.

Parts of Kodagu, Udupi, Hassan, Shivamogga, Chikkamagaluru and parts of Uttara Kannada districts are likely to experience between 33 and 40 degrees Celsius till May 6, according to the centre.

From May 7, maximum temperatures are likely to come down by 2 to 3 degrees Celsius across the state, according to KSNDMC.

Meanwhile, as per realised rainfall across the state data by KSNDMC, while isolated rains were observed in six districts -- Haveri, Dharwad, Gadag, Vijayapura, Shivamogga and Uttara Kannada -- dry/negligible rains were received in 25 districts, including Bengaluru rural and urban on April 30.

Maximum rainfall of 35mm was recorded at Bhogavi in Haveri district.

As per the cumulative date of rainfall from January 1 to April 30, only coastal Karnataka recorded an excess of 59% rainfall from usual, while the rest of Karnataka had deficit rainfall ranging from 13% to 80%, said a press release by KSNDMC, which compiles the data from telemetric rain gauge locations established by it across the state.

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