Dowry, extortion likely causes for rethinking Lokpal clauses

NEW DELHI: Dowry demands, kidnappings for ransom, extortion, marital troubles and problems between families — a host of reasons like these cited by government employees and even the Central Bureau of Direct Taxes — have contributed to the government's re-think on making public servants declare the assets of their spouse and all details becoming public.

"These concerns apply to private persons in NGOs and civil society organisations too, if their assets are put in public domain as per Lokpal Act, 2013," a government official told ET, explaining why an amendment bill was brought and passed by the Lok Sabha on Wednesday. MPs across party lines and civil society organisations recently petitioned PM on the same.

The Confederation of Civil Services Associations told a parliamentary standing committee last year that there could be specific dowry demands if assets of entire family are put in the public domain. "Right now, any father can just say he does not have anything and somehow can escape any dowry demand," the association said. It also said children of employees whose disclosures reveal high assets could be kidnapped for ransom and extortion.

Anita Kapur, who was CBDT Chairman in 2015, told the panel then that in case of a newly-wed couple, a wife may not want her husband to know what her assets are. "There are issues of dowry. A wife and her parents don't want the boy to know of their assets. Spouses who share household expenditure may not be willing to share details of assets. It will create problems in marriage," Kapur deposed.


She said people don't want their children to know their assets. "I know a colleague who told me: ‘On retirement, everybody knows what my PF dues are. My son told me whenever I incur some heavy expenditure, please ask us because you are spending our inheritance.' In the kind of mercenary world we live in, do you want assets of the family to be disclosed and put in public domain…there are issues of privacy and social reality..," Kapur said.

A Supreme Court judgment on Streedhan, which gives the wife absolute ownership over that property without any reference to her husband, also brings the Lokpal Act provision of mandatory disclosure of assets of the spouse, in conflict with law. To highlight Lokpal Act contradictions, Kapur told the panel that income tax returns filed separately by a husband and wife are also confidential and are not revealed by CBDT to either of them.

Before the committee, AIADMK and All Indian Trinamool Congress also objected to public disclosure of assets, calling it irrational and unreasonable and said children or spouse of a public servant can't be forced to disclose assets.