The issue of appointment of a Lokpal to deal with corruption, discussed
off and on for half a century, received a new impetus last week with the
Indian government constituting a committee with representation for the
civil society to finalise a draft law.
The government’s hand was
forced by Anna Hazare, a 73-year-old social activist from Maharashtra,
who staked his life on the issue. Four days after he began an indefinite
fast in New Delhi, it conceded his demands, yielding bit by bit in
continuous negotiations.
With the New Media and private
television channels playing up the Hazare campaign, it quickly caught
the imagination of the people, especially the urban youth. Solidarity
demonstrations erupted all over the country spontaneously. Shedding its
proclivity to procrastinate, the government responded swiftly,
apparently fearing the campaign may snowball into an Indian jasmine
resolution.
The establishment of ombudsman-style mechanisms at
central and state levels, styled as Lokpal and Lokayukta respectively,
to look into complaints of corruption and maladministration was mooted
in the 1960s by an administrative reforms commission headed by Morarji
Desai. The Lok Sabha adopted a Lokpal Bill in 1969 but it did not become
law as the Rajya Sabha did not pass it. Successive governments
introduced similar bills in the Lok Sabha on nine more occasions only to
let them lapse at the end of the life of the house.
Several
states enacted legislation to set up Lokayuktas, headed by former high
court chief justices, but the institution has not been a conspicuous
state. Its main weakness is lack of authority to punish the guilty.
It
can only recommend punitive measures to the government. For a long time
the Lokpal issue was bogged down in a controversy over whether the
prime minister must come under its authority. The governments were
generally unwilling to allow the Lokpal to look into the prime
minister’s actions.
Dissatisfied with the Lokpal bill drawn up by
the government, India Against Coalition, a non-government organisation,
drafted an alternative Jan Lokpal bill.
The government has now
set up a committee comprising five ministers and five civil society
representatives to study the two drafts and come up with one acceptable
to both sides. While a minister is the chairman of the committee, a
former minister, picked by Hazare and his backers, has been named
co-chairman.
While Hazare hailed last week’s developments as a
victory of the people, a government spokesman described it as a victory
of democracy.
Hazare has put fight against corruption at the top
of the national agenda through his campaign, which drew wide popular
support because of the seething anger generated by the many scams
reported in the recent past.
Ministers, judges and high civil and
military officials are among those whose misdeeds came to light during
this period. The electronic media played a big part in building up
popular enthusiasm for the Hazare campaign by providing continuous live
coverage. Its strident campaign lit up the screen with excitement during
the short interval between the World Cup and IPL cricket matches.
The
New Media’s role in the campaign has prompted some to dub the New Delhi
venue of the fast as India’s Tahrir Square. Others, however, disapprove
of any attempt to draw a parallel with the uprising in Egypt, insisting
this was a movement of Gandhian vintage. Both viewpoints betray a
tendency to romanticise the event and gloss over ground realities.
While
the bill drafted by the government falls short of requirements, the
alternative draft of India Against Corruption is based on woolly ideas
like appropriating a role for civil society in the official mechanism.
The law must have teeth but they must be in the right place. There is no
ground to presume that civil society is lily white.
All those
who jumped into the Hazare bandwagon cannot be accepted as credible
crusaders against corruption. The Opposition parties and the corporate
sector, both of which endorsed the campaign, fall in this category. Few
parties active in power politics can claim a cleaner record than the
Congress. Unscrupulous businessmen have contributed as much to the
growth of corruption as unscrupulous politicians and officials.
Elimination
of corruption is but a part of the task of broad-basing Indian
democracy, now largely limited to holding elections once in five years.
The content of democracy will be determined not by the televised battles
fought in the cities but by the struggles waged by ordinary people all
over the country which receive media attention only if they erupt into
violence. --
Gulf Today,
--
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