India ratified the United Nations Convention against Corruption on May 12, 2011. The convention, which is the first legally binding international instrument used to fight corruption, sets out ways for countries to prevent and criminalize corruption, and it requires countries to return assets obtained through corruption to the state from which they came. According to convention, member-countries are bound to render mutual legal assistance towards prosecution of offenders as well in tracing, freezing, and confiscating the proceeds of corruption.
 The ratification by India  comes as the country reels from  several corruption scandals that have  led to everything from sacked ministers  to hunger strikes.          In  its resolution 55/61 of 4 December 2000, the General  Assembly  recognized that an effective international legal instrument against   corruption, independent of the United Nations Convention against  Transnational  Organized Crime (resolution 55/25) was desirable and  decided to establish an ad  hoc committee for the negotiation of such an  instrument in Vienna at the  headquarters of the United Nations Office  on Drugs and Crime.
 The text of the United  Nations Convention against Corruption  was negotiated during seventh  sessions of the Ad Hoc Committee for the  Negotiation of the Convention  against Corruption, held between 21 January 2002  and 1 October 2003.
 The Convention approved  by the Ad Hoc Committee was adopted  by the General Assembly by  resolution 58/4 of 31 October 2003. The General  Assembly, in its  resolution 57/169 of 18 December 2002, accepted the offer of  the  Government of Mexico to host a high-level political signing conference  in  Merida for the purpose of signing the United Nations Convention  against  Corruption.
 In accordance with  article 68 (1) of resolution 58/4, the  United Nations Convention  against Corruption entered into force on 14 December  2005. A Conference  of the States Parties is established to review  implementation and  facilitate activities required by the Convention.
 In accordance with  article 68 (1) which reads as follows: 
"1.This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the thirtieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Convention enters into force pursuant to paragraph 1 of this article, whichever is later."
"1.This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the thirtieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Convention enters into force pursuant to paragraph 1 of this article, whichever is later."
          Highlights of Convention 
Prevention
          Corruption can  be prosecuted after the fact, but first and  foremost, it requires  prevention. An entire chapter of the Convention is  dedicated to  prevention, with measures directed at both the public and private   sectors. These include model preventive policies, such as the  establishment of  anticorruption bodies and enhanced transparency in the  financing of election  campaigns and political parties. States must  Endeavour to ensure that their  public services are subject to  safeguards that promote efficiency, transparency  and recruitment based  on merit. Once recruited, public servants should be  subject to codes of  conduct, requirements for financial and other disclosures,  and  appropriate disciplinary measures. Transparency and accountability in   matters of public finance must also be promoted, and specific  requirements are  established for the prevention of corruption, in the  particularly critical  areas of the public sector, such as the judiciary  and public procurement. Those  who use public services must expect a  high standard of conduct from their  public servants. Preventing public  corruption also requires an effort from all  members of society at  large. For these reasons, the Convention calls on  countries to promote  actively the involvement of non-governmental and  community-based  organizations, as well as other elements of civil society, and  to raise  public awareness of corruption and what can be done about it. Article  5  of the Convention enjoins each State Party to establish and promote  effective  practices aimed at the prevention of corruption.
 Criminalization
          The Convention  requires countries to establish criminal and  other offences to cover a  wide range of acts of corruption, if these are not  already crimes under  domestic law. In some cases, States are legally obliged to  establish  offences; in other cases, in order to take into account differences  in  domestic law, they are required to consider doing so. The Convention  goes  beyond previous instruments of this kind, criminalizing not only  basic forms of  corruption such as bribery and the embezzlement of  public funds, but also  trading in influence and the concealment and  laundering of the proceeds of  corruption. Offences committed in support  of corruption, including  money-laundering and obstructing justice, are  also dealt with. Convention  offences also deal with the problematic  areas of private-sector corruption.
 International Cooperation
          Countries agreed  to cooperate with one another in every  aspect of the fight against  corruption, including prevention, investigation,  and the prosecution of  offenders. Countries are bound by the Convention to  render specific  forms of mutual legal assistance in gathering and transferring  evidence  for use in court, to extradite offenders. Countries are also required   to undertake measures which will support the tracing, freezing, seizure  and  confiscation of the proceeds of corruption.
 Asset Recovery
          In a major  breakthrough, countries agreed on asset-recovery,  which is stated  explicitly as a fundamental principle of the Convention. This  is a  particularly important issue for many developing countries where   high-level corruption has plundered the national wealth, and where  resources  are badly needed for reconstruction and the rehabilitation of  societies under  new governments. Reaching agreement on this chapter  has involved intensive  negotiations, as the needs of countries seeking  the illicit assets had to be  reconciled with the legal and procedural  safeguards of the countries whose  assistance is sought.
 Several provisions  specify how cooperation and assistance  will be rendered. In particular,  in the case of embezzlement of public funds,  the confiscated property  would be returned to the state requesting it; in the  case of proceeds  of any other offence covered by the Convention, the property  would be  returned providing the proof of ownership or recognition of the damage   caused to a requesting state; in all other cases, priority consideration  would  be given to the return of confiscated property to the requesting  state, to the  return of such property to the prior legitimate owners  or to compensation of  the victims.
 Effective asset-recovery  provisions will support the efforts  of countries to redress the worst  effects of corruption while sending at the  same time, a message to  corrupt officials that there will be no place to hide  their illicit  assets. Accordingly, article 51 provides for the return of assets  to  countries of origin as a fundamental principle of this Convention.  Article  43 obliges state parties to extend the widest possible  cooperation to each  other in the investigation and prosecution of  offences defined in the  Convention. With regard to asset recovery in  particular, the article provides  inter alia that "In matters of  international cooperation, whenever dual  criminality is considered a  requirement, it shall be deemed fulfilled  irrespective of whether the  laws of the requested State Party place the offence  within the same  category of offence or denominate the offence by the same  terminology  as the requesting State Party, if the conduct underlying the  offence  for which assistance is sought is a criminal offence under the laws of   both States Parties".
 Some of the Scams in India
1) 2G Spectrum Scam
We have had a number of scams in India; but none bigger than the scam involving the process of allocating unified access service licenses. At the heart of this Rs.1.76-lakh crore worth of scam is the former Telecom minister A Raja – who according to the CAG, has evaded norms at every level as he carried out the dubious 2G license awards in 2008 at a throw-away price which were pegged at 2001 prices.
We have had a number of scams in India; but none bigger than the scam involving the process of allocating unified access service licenses. At the heart of this Rs.1.76-lakh crore worth of scam is the former Telecom minister A Raja – who according to the CAG, has evaded norms at every level as he carried out the dubious 2G license awards in 2008 at a throw-away price which were pegged at 2001 prices.
2) Commonwealth Games Scam
Another feather in the cap of Indian scandal list is Commonwealth Games. Even before the long awaited sporting bonanza could see the day of light, the grand event was soaked in the allegations of corruption. It is estimated that out of Rs. 70000 crore spent on the Games, only half the said amount was spent on Indian sportspersons.
The Central Vigilance Commission, involved in probing the alleged corruption in various Commonwealth Games-related projects, has found discrepancies in tenders – like payment to non-existent parties, will-full delays in execution of contracts, over-inflated price and bungling in purchase of equipment through tendering – and misappropriation of funds.
Another feather in the cap of Indian scandal list is Commonwealth Games. Even before the long awaited sporting bonanza could see the day of light, the grand event was soaked in the allegations of corruption. It is estimated that out of Rs. 70000 crore spent on the Games, only half the said amount was spent on Indian sportspersons.
The Central Vigilance Commission, involved in probing the alleged corruption in various Commonwealth Games-related projects, has found discrepancies in tenders – like payment to non-existent parties, will-full delays in execution of contracts, over-inflated price and bungling in purchase of equipment through tendering – and misappropriation of funds.
3) Housing Scam
Congress party politicians, bureaucrats and military officials have been accused of taking over a plush Mumbai apartment block intended for war widows. After the story broke in local media the government sacked the powerful chief minister of western Maharashtra state, who is a member of the Congress party.
Following a CBI probe, the environment ministry ordered the demolition of the 31-storey building in January, citing the violation of environmental and land-use rules. The Arabian Sea-facing block with 103 apartments is built in an upscale Mumbai district. Apartments were sold for as little as $130,000 each, while local media estimated their value at $1.8 million each.
Congress party politicians, bureaucrats and military officials have been accused of taking over a plush Mumbai apartment block intended for war widows. After the story broke in local media the government sacked the powerful chief minister of western Maharashtra state, who is a member of the Congress party.
Following a CBI probe, the environment ministry ordered the demolition of the 31-storey building in January, citing the violation of environmental and land-use rules. The Arabian Sea-facing block with 103 apartments is built in an upscale Mumbai district. Apartments were sold for as little as $130,000 each, while local media estimated their value at $1.8 million each.
4) IPL Scam 
The recent scam in IPL and embezzlement with respect to bidding for various franchisees. The scandal already claimed the portfolios of two big-wigs in the form of Shashi Tharoor and former IPL chief Lalit Modi.
The recent scam in IPL and embezzlement with respect to bidding for various franchisees. The scandal already claimed the portfolios of two big-wigs in the form of Shashi Tharoor and former IPL chief Lalit Modi.
5) ISRO and Devas Deal
The deal which caught Antrix in controversy is the Devas deal. Devas is a Bangalore based Multimedia company. The Devas multimedia was set up by one US based company namely Forge Advisors. Most of the members of this Devas multimedia are ex – ISRO officials. The Devas Multimedia had signed a memorandum of understanding (MoU) with Antrix in 2003 . According to this deal, Devas will get 90 % of the S band transponders of two Indian satellites on lease for its digital audio broadcast services. The two new Indian satellites whose S transponders are getting to Devas on deal were GSAT 6 and GSAT 6A.
The deal which caught Antrix in controversy is the Devas deal. Devas is a Bangalore based Multimedia company. The Devas multimedia was set up by one US based company namely Forge Advisors. Most of the members of this Devas multimedia are ex – ISRO officials. The Devas Multimedia had signed a memorandum of understanding (MoU) with Antrix in 2003 . According to this deal, Devas will get 90 % of the S band transponders of two Indian satellites on lease for its digital audio broadcast services. The two new Indian satellites whose S transponders are getting to Devas on deal were GSAT 6 and GSAT 6A.
 Devas Multimedia and  Antrix signed the contract in 2005  January. But Antrix didn't informed  either space commission or union cabinet  that the lion portion of the  capacity of these satellites will be leased to  Devas Multimedia.  Usually the S band transponders are used for strategic  purposes and  here it was leased to a private firm. 
6) Loan Bribery Scam
Top officials of Indian banks, lenders and financial firms have been accused of taking bribes to grant corporate loans. The bribes were allegedly paid by private finance firm Money Matters Financial Services (MONE.BO), which acted as a "mediator and facilitator" for the loan beneficiaries.
Top officials of Indian banks, lenders and financial firms have been accused of taking bribes to grant corporate loans. The bribes were allegedly paid by private finance firm Money Matters Financial Services (MONE.BO), which acted as a "mediator and facilitator" for the loan beneficiaries.
7) Telgi Scam
Abdul Karim Telgi had mastered the art of forgery in printing duplicate stamp papers and sold them to banks and other institutions. The tentacles of the fake stamp and stamp paper case had penetrated 12 states and was estimated at a whooping Rs. 20000 crore plus. The Telgi clearly had a lot of support from government departments that were responsible for the production and sale of high security stamps.
Abdul Karim Telgi had mastered the art of forgery in printing duplicate stamp papers and sold them to banks and other institutions. The tentacles of the fake stamp and stamp paper case had penetrated 12 states and was estimated at a whooping Rs. 20000 crore plus. The Telgi clearly had a lot of support from government departments that were responsible for the production and sale of high security stamps.
8) Satyam Scam
The scam at Satyam Computer Services is something that will shatter the peace and tranquillity of Indian investors and shareholder community beyond repair. Satyam is the biggest fraud in the corporate history to the tune of Rs. 14000 crore. The company’s disgraced former chairman Ramalinga Raju kept everyone in the dark for a decade by fudging the books of accounts for several years and inflating revenues and profit figures of Satyam.
The scam at Satyam Computer Services is something that will shatter the peace and tranquillity of Indian investors and shareholder community beyond repair. Satyam is the biggest fraud in the corporate history to the tune of Rs. 14000 crore. The company’s disgraced former chairman Ramalinga Raju kept everyone in the dark for a decade by fudging the books of accounts for several years and inflating revenues and profit figures of Satyam.
9) Bofors Scam
The Bofors scandal is known as the hallmark of Indian corruption. The Bofors scam was a major corruption scandal in India in the 1980s; when the then PM Rajiv Gandhi and several others including a powerful NRI family named the Hindujas, were accused of receiving kickbacks from Bofors AB for winning a bid to supply India’s 155 mm field howitzer.
The Bofors scandal is known as the hallmark of Indian corruption. The Bofors scam was a major corruption scandal in India in the 1980s; when the then PM Rajiv Gandhi and several others including a powerful NRI family named the Hindujas, were accused of receiving kickbacks from Bofors AB for winning a bid to supply India’s 155 mm field howitzer.
The Swedish State Radio had broadcast a  startling report  about an undercover operation carried out by Bofors,  Sweden’s biggest arms  manufacturer, whereby $16 million were allegedly  paid to members of PM Rajiv  Gandhi’s Congress. Most of all, the Bofors  scam had a strong emotional appeal  because it was a scam related to the  defense services and India’s security  interests.
10) The Fodder Scam
If you haven’t heard of Bihar’s fodder scam of 1996, you might still be able to recognize it by the name of “Chara Ghotala ,” as it is popularly known in the vernacular language. In this corruption scandal worth Rs.900 crore, an unholy nexus was traced involved in fabrication of “vast herds of fictitious livestock” for which fodder, medicine and animal husbandry equipment was supposedly procured.
If you haven’t heard of Bihar’s fodder scam of 1996, you might still be able to recognize it by the name of “Chara Ghotala ,” as it is popularly known in the vernacular language. In this corruption scandal worth Rs.900 crore, an unholy nexus was traced involved in fabrication of “vast herds of fictitious livestock” for which fodder, medicine and animal husbandry equipment was supposedly procured.
11) The Hawala Scandal
The Hawala case to the tune of $18 million bribery scandal, which came in the open in 1996, involved payments allegedly received by country’s leading politicians through hawala brokers. Thus, for the first time in Indian politics, it gave a feeling of open loot all around the public, involving all the major political players being accused of having accepted bribes and also alleged connections about payments being channelled to Hizbul Mujahideen militants in Kashmir.
The Hawala case to the tune of $18 million bribery scandal, which came in the open in 1996, involved payments allegedly received by country’s leading politicians through hawala brokers. Thus, for the first time in Indian politics, it gave a feeling of open loot all around the public, involving all the major political players being accused of having accepted bribes and also alleged connections about payments being channelled to Hizbul Mujahideen militants in Kashmir.
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