Unacceptable fetters: on the Rajasthan ordinance
Rajasthan’s ordinance shields the corrupt, threatens the media and whistle-blowers
The Rajasthan ordinance(An authoritative order) making it a punishable offence to disclose the names of public servants facing allegations of corruption before the government grants formal sanction to prosecute them is a grave threat to media freedom and the public’s right to know. In recent times, the legislative mood is consolidating (मजबूत बनाना) towards adding more layers of protection
to officials from corruption cases. While no one can object to genuine measures aimed at insulating (Protect (someone or something) from unpleasant influences or experiences) honest officials from frivolous (Not having any serious purpose or value) or motivated charges of wrong-doing, there can be no justification for the Vasundhara Raje government to prescribe a two-year prison term for disclosing the identity of the public servants concerned. Section 228-B, the newly introduced Indian Penal Code offence that relates to acts done in the course of discharging official functions, is a direct threat to the functioning of the media and whistle-blowers. It is a patently unreasonable restriction on legitimate journalism and activism against venality (Showing or motivated by susceptibility to bribery). In addition, the Criminal Laws (Rajasthan Amendment) Ordinance, 2017 fetters judicial magistrates from ordering an investigation without prior sanction, as an additional shield for public servants who already enjoy the protection of Section 197 of the Code of Criminal Procedure, and Section 19 of the Prevention of Corruption Act, 1988, which make prior sanction mandatory before a court can take cognizance (The action of taking judicial notice) of a case. It may even paralyse an impending probe, as no investigating agency can approach a sanctioning authority without gathering any material.
This is the first time a section prescribing punishment for disclosure is being introduced in India, though provisions barring investigation or prosecution without prior sanction are also in force in Maharashtra. However, the time limit for the sanctioning authority to act is 180 days in Rajasthan, and 90 days in Maharashtra. The Union government, too, has a set of amendments to the Prevention of Corruption Act pending since 2013, including a proviso (A condition attached to an agreement) for prior sanction. The Supreme Court verdict of May 2014 striking down a statutory provision for prior government clearance for a Central Bureau of Investigation probe against officials of the rank of joint secretary and above is the touchstone against which the constitutionality of the pre-investigation sanction requirement will be tested. The court had observed that such a provision destroys the objective of anti-corruption legislation, blocks the truth from surfacing, thwarts independent investigation and forewarns corrupt officers. Anti-corruption legislation in India seems to be in a state of unacceptable flux. Amendments, including those redefining criminal misconduct among public servants so that bona fide decisions by officials do not result in corruption charges, are yet to be passed. The Lokpal Act is yet to be operationalised. It is time the Centre enforced a strong body of legislation that punishes the corrupt, protects the honest, and ensures time-bound public services and whistle-blower safety. Nothing less will behove (it is appropriate or suitable) a government ostensibly (apparently) keen on bringing down the edifice (A complex system of beliefs) of corruption.
1. ORDINANCE (noun) : (An authoritative order); (अध्यादेश )
Synonyms: Edict, Decree, Law, Injunction, Fiat, Command
Example: ‘The ordinance will regulate the services of water supply companies throughout the country.’
Related words: Ordain
Origin: Middle English (also in the sense ‘arrangement in ranks’): from Old French ordenance, from medieval Latin ordinantia, from Latin ordinare ‘put in order’
2. CONSOLIDATING (verb) : (Make (something) physically stronger or more solid, Combine (a number of things) into a single more effective or coherent whole); मजबूत बनाना
Synonyms: Secure, Make Stable, Stabilize, Reinforce, Fortify, Tighten
Antonyms: Disjoin, Divide, Dissaude
Verb Forms: Consolidate, Consolidated, Consolidated
Example: The first phase of the project is to consolidate the outside walls
Related words: Solid
Origin: Early 16th century (in the sense ‘combine into a whole’): from Latin consolidare, from con- ‘together’ + solidare ‘make firm’ (from solidus ‘solid’).
3. INSULATING (verb) : Protect (someone or something) from unpleasant influences or experiences ; (रोधक)
Synonyms: Keep safe, keep from harm, save, safeguard
Antonyms: Uncover, mingle
Verb Forms: Insulate, insulated, insulated
Example: You are insulated from the stock market because the company guarantees you will get a proportion of your income when you retire.
Origin: Mid 16th century (in insulate (sense 2)): from Latin insula ‘island’ + -ate.
Origin: Mid 16th century (in insulate (sense 2)): from Latin insula ‘island’ + -ate.
4. FRIVOLOUS (adjective) : (Not having any serious purpose or value); (गंभीरता से विचार न करने वाला; हल्का)
Synonyms: Flippant, Glib, Waggish, Joking, Jokey, Light-hearted, Facetious
Antonyms: Intelligent, Wise, Mature, Solemn
Example: John spent his time in a frivolous manner.
Origin: Late Middle English: from Latin frivolus ‘silly, trifling’ + -ous.
5. VENALITY (adjective) : (Showing or motivated by susceptibility to bribery; corrupt).; (भ्रष्टणीयता)
Synonyms: Corrupt, Corruptible, Bribable, Vendibility
Example: The National candidate is portrayed as a venal, cynical and arrogant.
Related words: Venal
6. COGNIZANCE (noun) : (Knowledge, awareness; The action of taking judicial notice); (पूर्ण जानकार होना )
Synonyms: Notice, Knowledge, Consciousness
Antonyms: Disregard, Ignorance, Neglect
Example: Her younger brother has a powerful cognizance of law.
Related words: Recognition, Cognition
Origin: Middle English conisance, from Old French conoisance, based on Latin cognoscere ‘get to know’. The spelling with g, influenced by Latin, arose in the 15th century and gradually affected the pronunciation.
7. PROVISO (noun) : (A condition or qualification attached to an agreement or statement); (शर्त; प्रतिबन्ध)
Synonyms: stipulation, provision, clause, rider
Example: He let his house with the proviso that his own staff should remain to run it.
Origin: Late Middle English: from the Medieval Latin phrase proviso (quod) ‘it being provided (that)’, from Latin providere ‘foresee, provide’
8. BEHOVE (verb) : (It is a duty or responsibility for someone to do something; it is appropriate or suitable; it befits.) (उपयुक्त होना)
Synonyms: befit, become, suit, be expected of
Verb Forms: behove, behoved
Example: In a democracy, it behoves us to challenge and think.
Related words: behave, behoove
Origin: Old English behōfian, from behōf (see behoof).
9. OSTENSIBLY (adverb) : (As appears or is stated to be true, though not necessarily so; apparently ); (प्रकट रूप से )
Synonyms: Apparently, Seemingly, on the face of it
Antonyms: Improbably, Unlikely
Example: The party secretary resigned, ostensibly from ill health.
10. EDIFICE (noun) : (A complex system of beliefs; a large, imposing building); (भवन )
Synonyms: Structure, Construction, Erection, Pile, Complex, Assembly
Example: Scalia's entire legal edifice is built not upon words, but upon a single understanding of a word.
Origin: Late Middle English: via Old French from Latin aedificium, from aedis ‘dwelling’ + facere ‘make’.