Goa’s roads could never be classified as good roads, even those expanded or constructed recently suffer from improper slop alignment and are prone to accidents, constructed as they are out of public funds. The present state of most of the roads in Goa after the first bout of rains is of potholes, broken sides and often water-logged to unmotorable. Goa being on the western coast is expected to receive heavy rains especially during the months of June, July and August and therefore heavy and continuous rains is not an unexpected event and therefore the roads are expected to withstand all such events at least for a period of five to six years after their construction/repairs.
Anyone who builds a house in Goa however illiterate or ignorant would expect the house to last at least for 25 to 30 years and will take all necessary precautions for the same. Can’t the people expect the same amount of care when roads are built by experts, certified by experts and out of public funds that these roads should last at least for 5 to 6 years without undergoing any major repairs? The whole process of public works allotment and inspection and certification seems to be flawed and rampant with corruption.
Corruption accordingly to Transparency International is “the abuse of entrusted power for private gain.” Which would also mean “the illegal abuse of entrusted power for private gain.
’Corruption’ includes bribery, embezzlement, trading in influence, abuse of functions, illicit enrichment or any other behaviour in relation to persons entrusted with responsibilities in the public and private sectors which violates their duties as public officials, private employees, independent agents or other relationships of that kind and aimed at obtaining undue advantage of any kind for themselves or others.”Evidently, corruption has the potential of undermining the enjoyment of human rights in all areas, many cases of corruption will lead to human rights violations. and is not in conformity with its obligation to respect, protect and fulfill the human rights of persons under its jurisdiction.
Evidently, corruption has the potential of undermining the enjoyment of human rights in all areas, be they economic, social, cultural, civil, or political. However, the impact of corruption on human rights will vary in each case. In terms of defective roads it first of all affects the human right of children as such roads cause much inconveniences and hardship to children in computing to and from their schools. For other members of the public it affects greatly their capacity to move and causes much expenses and inconveniences especially to the sick and the disabled.
India being a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) the government must take steps to the maximum of their available resources to progressively achieve the full realization of the economic, social, and cultural rights recognized in the ICESCR. In other words, states accept the obligations to devote the maximum of available resources towards economic, social and cultural needs of its citizens. Any deliberate retrogressive measures in regards to the realization of these rights would need to be justified in the context of the use of maximum available resources. Corruption reveals that the state is not taking steps in the right direction. When funds meant for public good are stolen by corrupt officials it is violation of human rights.
There is a violation of a human right when an act or omission of a state is not in conformity with its obligation to respect, protect and fulfill the human rights of persons under its jurisdiction. Such abuse may happen on the level of day-to-day administration and public service (“petty corruption”), or on the high level of political office (“grand corruption”), corruption affects the recognized human rights specified in the UN human rights covenants. In practice, what is most often affected are social rights, especially by petty corruption.
It is therefore important to note that Chapter II of the UN Convention against Corruption requires the States parties to adopt a series of preventive measures, ranging from the establishment of an anti-corruption body and the reorganization of public service.
In fact, grand corruption deprives the State of resources in an “inequitable” way. This is evident when funds are directly misappropriated from the government budget. This also occurs in the case of excessive infrastructure projects or “white elephants” and the exaggerated purchase of military equipment. When developing buildings, roads, airports, etc., of an inferior quality, the funds intended for construction materials can easily be diverted by high-level employees of the government purchasers. Petty corruption likewise indirectly deprives the State of resources, in that it reduces tax compliance. The affected persons do not see why they should have to pay the government twice – once through taxes, and once directly to corrupt public officials
Article 20 UN Convention against Corruption (UNCAC) calls upon States parties to establish “illicit enrichment” as a criminal offence. Under such a criminal law provision, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income could be punished. This would imply an interpretation of all criminal offences relating to corruption in a way that takes into account human rights.
Therefore it is time that the State human rights commission undertakes investigation into all defective public works including public roads as a human right violation and recommend suitable penal action and preventive measures to the State government.
(The writer is a professor of Law and former Dean, Faculty of Law, Goa University)
