Not a fine approach

Emphasising hefty fines only enhances corruption

Economists understand that there are essentially two ways to monitor proscribed behaviour. Either supervision can be efficient, and most law-breakers are caught; or enforcement can have giant holes, but those who are caught are given excessively stiff punishments in the hope that this will be a deterrent and affect the gain-loss calculation of potential offenders. Weak states, incapable of proper enforcement, usually take the second route. This has been the state of affairs in India for most of its history. Yet it is being argued that, under the new government at the Centre, India will work towards being a better governed country, and not one that seeks short-cuts. Then why is it the case that the old and discredited method of excessive fines is being emphasised instead?

Several recent changes underline this problem - though not all of them emanate from the central government. For example, it is the National Green Tribunal that has last week imposed a fine of Rs 5,000 on individuals seen putting waste, including "religious items" in the Yamuna river. This has understandably caused a great deal of concern - for example, will ashes or flowers both be cause for a fine? There is also a Rs 50,000 fine for throwing "construction material" in the Yamuna. There can be no question that such practices are problematic - but this will likely be a counter-productive measure, if a cleaner river is the objective. What is needed is more careful treatment of sewage - 2,400 million litres of raw sewage flows into the river between Delhi and Agra. This requires institutional intervention, and the building of sewage infrastructure for the rapidly urbanising floodplain.

Other recent suggestions emanating from the government itself are equally problematic. For example, the government has reportedly decided to amend anti-smoking legislation to include an outright ban on the sale of loose cigarettes. The minimum age for smoking has also been raised, from 18 to 21 - although the minimum age was already largely ignored, as is not surprising in a country where many cigarettes are sold through small retailers in the unorganised sector that it is near-impossible to monitor. And the fine for smoking in public is to be raised fivefold, to Rs 1,000 - and even designated smoking areas in restaurants and hotels are to be removed. This will do little but further enable the harassment of small entrepreneurs by agents of the state, especially beat policemen. There is even a suggestion in the draft amendment to the legislation that there be a ban and a hefty fine for spitting tobacco products in public. Paan stains deface this country - but they are near-ubiquitous. The idea that a ban and a fine will change this behaviour reveals a view of state power that needs to be revisited.

One of the most problematic interfaces between the urban Indian and the state is when it comes to traffic offences. The traffic policeman is often viewed as overlooking most offences unless the person committing the offence looks like an easy source of a bribe. This phenomenon will only intensify if the potential bribe becomes larger - as it will, if fines increase. Yet that was planned - even jumping a red light was to lead to a Rs 15,000 fine. The general approach is clear: to use hefty punishments as a method of dissuading wrong-doing. But the simple fact is that, in a country such as India, where the agents of the state do not maintain a good governance record, this will only intensify the harassment and petty corruption that marks law enforcement. It is unfortunate that the current government, which was voted into office on the promise of better but more limited government, has chosen the opposite approach.