Fighting Corruption Worldwide: An Overview of Anti-Corruption Laws in Nepal and its obstacles.
Introduction
Corruption is a worldwide issue that has an adverse effect
in economies, governments, and societies at large. To combat this spreading problem,
countries around the world have acted by introducing various anti-corruption
laws. In this blog, we will understand the situation of anti-corruption laws
around the world, looing into the different ways taken by governments to
eradicate corruption and increase transparency.
The Impact of Corruption worldwide.
Corruption is a parasite that reduces the economic growth,
reduces public trust, and becomes an obstacle for social development. The types
of corruption are bribery, nepotism, and favoritism. The after effect of
corruption are huge, affecting all of the nations. Countries have made
anti-corruption laws to remove corruption.
There are several anti-corruption laws that can be found in
Nepal:
1. Corruption Prevention Act, 2002 It is the principal
anti-corruption law of Nepal, which criminalizes the acts that have been
defined as crimes. Both substantive and procedural matters are incorporated in
this law. Moreover, roles, powers and procedures of investigation agencies and
officers are also made responsible for some required jobs within the Act.
2. Commission for
Investigation of Abuse of Authority Act, 1991 This is procedural law related to
CIAA procedure. The Act not only defines improper conduct but provides the CIAA
with significant power. The Act categorically states that the CIAA has the
power to investigate on the basis of a complaint of a particular person or
information from any source. The CIAA may take the statement of the suspect or
any person deemed necessary. Similarly, the Commission has also power to search
and seize, suspend the suspect from his or her post of public responsibility
and arrest/detain the suspect for a maximum of six months with the competent
court’s consent. The CIAA Act has also given authority to the CIAA to access
bank accounts and other financial transactions. In addition, it may seize the
passport of a suspect and also order area restriction against suspect.
3. Judicial Council Act, 1991 This Act relates to
appointment and disciplinary action of judges. It also provides power to the
Judicial Council to investigate and prosecute the judges of District Courts and
Appellate Courts, on the charge of corruption.
4. Special Court Act, 2002 The Special Court Act has been
enacted to deliver speedy and effective justice in special types of cases. The
Special Court is given power to act upon cases related to corruption.
5. Revenue Leakage (Investigation and Control) Act, 1995
This Act is related to tax leakage by tax payers. The Act pertains to the role
and procedure of Department of Revenue Investigation with regard to
investigation and prosecution.
In the context of Nepal, there arises a lot of problem when
implementing anti-corruption laws:
1.
Inadequate laws.
2.
Lack of
well-trained human resources and a traditional working style.
3.
Low level of public trust in the CIAA.
4.
Absence of special investigation techniques.
5.
Political interference.
6.
Lengthy court procedure.
7.
Unsatisfactory conviction rate.
Due to the problems listed such as above Nepal has faced a
lot f corruption in different forms that has resulted in the decline of the
economy of Nepal. Corruption has benefited those in power and made others
without such power or authority look inferior. Corruption in health sector,
mountaineering sector, criminal cases etc. have been commonly found in the
context of such a beautiful country to be ruined by corruption.
Conclusion
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