Anna's approach of 'My way or the highway' is surely not what fits in a constitutional democracy but what the nation needs today from its leaders is some moral uprightness and not a lesson in civics!
What we need is a truly independent institution which can admit cases, probe them and prove it in the court of law without any sort of political interference. The Lokpal should become a ‘terror’ in the eyes of politicians and bureaucrats alike. The election commission & the judiciary have special places in the constitution (and the only reason politicians fear them) and something similar should be created for the Lokpal.
Agreed, this is not the end all of corruption. No one’s says that. Totally eradicating corruption is a long drawn battle and would involve work on numerous other problems in the country including poverty, education, healthcare, law and order and many more. It’s a complex question which no one institution or law is going to change. But Lokpal could be a first step in that direction.
Technicalities of the law
1) The government is trying to get away by enacting a toothless anit-corruption law which favors the powers that may. The Prime Minister, junior government officials, MPs actions inside the parliament, court judges is out of the ambit of Lokpal. So most corruption in the country (at the lower rungs of bureaucracy), bigger scams which may happen from the PMO (read bofors), cash for votes inside the Parliament etc go scot free. Then those who are caught and tried can go scot free as well if Judges are in your favor and then they couldn’t be investigated by Lokpal. This is making a mockery of the whole idea of Lokpal.
2) Selection of Lokpal members: Govt. says the selection will be made by a committee consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in public life. The last two is eyewash, so with 3 politicians and 2 pseudo approvers in a group of 7 selectors, you know what is going to happen. In terms of eligibility, the Jan Lokpal disqualifies anybody who has held a government office in the last 2 years, the govt. obviously makes no such reference.
3) Prosecution: The Jan Lokpal suggests that the CBI’s anti-corruption wing should report to the Lokpal while the govt. says Lokpal should have its own prosecution wing – which will obviously have no experience and there will be jurisdictional and other objections raised from time to time, helping those accused. The CBI will remain a govt. puppet.
4) Then the govt.’s bill does not provide for grievance redressal of citizens, protection of whistleblowers, creation of citizen’s charters by public institutions etc.
So it can be clearly seen what the government is trying to do.
1) The Govt. was in a corner with so many corruption cases blowing up in its face and had to show its commitment towards anti-corruption initiatives. It could have taken its own sweet time but Anna’s campaign made it do things quickly.
2) If not for Anna, most of India wouldn’t have known what law was being passed. The government would have tom-tom’ed about their achievement in passing the law and we would have been mute spectators of the hog wash.
3) If not for Anna, the Lokpal would have become (and could still become) just another puppet created in the archaic structure of governance in the country. Remember what the election commission was earlier? It took 40 years and people like TN Session to make that institution what it is today. Same could happen with the Lokpal with it having real tooth somewhere in 2050 after sacrifices by countless individuals.
What this agitation will materially achieve is something time will tell but Anna Hazare has created that ‘hope’ in millions of Indians that something could be done. I see this agitation from a standpoint that the more people agitate, the more bargaining power we have with the government and more chances of catching corrupt officials in the future. That’s it.
Don’t debate Anna’s methods, no person is perfect. Something is better than nothing.
Jai Hind!
8 comments:
Cool man...I think something is going to happen this time.
"What this agitation will materially achieve is something time will tell"
Er... so the agitation is a headless chicken too? Same as the government?
I agree with you (and Anna Hazare) that the bill should not be toothless. What I was protesting in my post (http://www.maroonimations.in/2011/08/na-na-na-na-na.html) was precisely that the current agitation is directionless and slowly becoming a personality cult - which is being subverted by people in whatever direction is in their interest.
Something is better than nothing - unless that something is making light of what should be a serious and informed discussion. Or unless it does harm.
"Anna's approach of 'My way or the highway' is surely not what fits in a constitutional democracy but what the nation needs today from its leaders is some moral uprightness and not a lesson in civics!"
Indeed. We agree then that Anna Hazare is wrong in his methods, if not his aims? Gandhi believed too that methods are important - otherwise he would've taken a path of violence. His non-cooperation movement and flouting of law was based on the fact that the law was not made by elected people. The regime enforcing it had no moral right to do so.
Moral uprightness would be for those protesting to stop being corrupt themselves. That will not happen. No one is asking or hoping for it to happen either! :)
Jan Lokpal is a corrective, not a curative remedy. What we need is for a truly morally upright leader and a visionary (which Hazare isn't) to change the way we think - not one measly law.
Nicely explained !!!
But for me, the debate is not about what is right or what is wrong. Fight against corruption can never be wrong from any perspective. But the way we are fighting is very important. We have a long history of fights and i think we have learnt from 1857's revolt that united and planned fight can only be successful. So my heart goes out for Anna, but i don't support his ways. If he really wants to eliminate corruption, he has to convince his people first.
What is right or wrong changes so easily. Anna's methods are wrong only from a theoretical point of view and I don't see any other way of making the govt. change its stance.
I completely agree that we need a visionary leader more than anything else but we know that from a long time. The British had no moral right to make laws for us but it does not mean that once we elect a legitimate government, the government can keep on doing what it wants till the next election. The system is such that all the people in the political class are hand in glove regarding this matter and there is no constitutional mechanism available to make happen what Anna Hazare is trying to do. The only way to do it is be on the streets.
I remember we had discussed about 'bandhs' in India. The politically motivated bandhs which we have seen all along are never supported by masses, they were violent, try to serve the purpose of some political party and stop business. The Supreme Court has banned such a declaration of bandh in the future and the Shiv Sena has actually paid a hefty fine for it in Mumbai some years ago. I just couldn't stand such bands which put all our lives in disarray.
The 'real' democratic protest is what is happening today. It is non-violent (hopefully will continue to be), eagerly supported by masses all over & no political affiliation. Even if it's a headless chicken, it surely is running like a cat among the pigeons!
I will be happy even if this creates a bandh and some inconvenience to people, it will be a worthy price to pay for living in a democracy.
Pari a counter opinion! http://acorn.nationalinterest.in/2011/08/14/faq-why-is-anna-hazare-wrong-and-lok-pal-a-bad-idea/
Parikshit, very well said! I agree with this: "I see this agitation from a standpoint that the more people agitate, the more bargaining power we have with the government and more chances of catching corrupt officials in the future. That’s it."
All these debates around whether the media circus is justified, whether deification of one person is justified, whether the person who has been propelled into iconic status is good or bad, whether he is a visionary or not" doesnt matter. What is important is - everyone is talking about it today. Seems like everyone agrees corruption is bad - at its worse in India and steps need to be taken to fix it. Parties who are at a loss - like the govt and politicians would not want it. But in the face of the public sentiment - they better clean up their act.
Very well written Parikshit! I think its history in the making and only time will tell whether what was sought to be achieved has been achieved. I have lot of things to say but may be i will post it on my blog in detail. And yes, if not for Anna that "Topi" of his would not have made some entrepreneur instantly rich! :)
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