Amidst all of us, who condemned the Government officials and servants of being highly corrupt, rose a social activist, Anna Hazare who didn't merely condemn the government of being corrupt, but took a step to fight against corruption. The result of an honest and genuine fast along with supporters all over the country resulted in the Government willing to finally draft the Lokpal bill again and introduce it in the 2011 monsoon session of the parliament.
For those of you who don't have an idea of what "Lokpal" is (Although this is like, the most happening news in the recent past), here's a brief up.
"The Jan Lokpal bill is a proposed anti-corruption law designed to effectively deter corruption, redress grievances and protect whistle blowers. The law would create an obudsman called the "Lokpal" which would be an independent body similar to the Election Commission of India with the power to investigate politicians and bureaucrats without prior government permission. It was first passed in 1969, but for the past 42 years it has failed to pass the Rajya Sabha."
While the Government representatives are claiming to listen and trying their best to meet the civil society members' demands, there are some demands which they are not willing to agree to. I went through all of them and I have analysed them in my own way as below:
[1] Prime Minister Under Lokpal:
This seems to be the biggest controversy in the drafting committee. The Prime Minister of India is already covered under the Prevention of Corruption act. Why should Lokpal have the authority? That's the question Government raises, I raise the question, Why Lokpal? If the Government had been strong enough to avoid the fraud of crores of money to the nation through scams, would Lokpal even emerge after failing to pass so many times? People have seen enough of their share of pay, which is being paid as tax, show dirty colours and ofcourse, "Better Late than Never". If the Prevention of corruption act was so active, the country wouldn't have been in such turmoil. An independent body like "lokpal" is the best option indeed to check into the entire Government. In any case, I hope India doesn't face such a situation where a PM may be involved in a scam, but if such a situation is to arrive, it would be difficult to take action. Although Kapil Sibal claims that under such a circumstance, the PM shall not be "exonerated" from prosecution once he steps down from the office, I feel by the time the PM resigns, the case will be forgotten and no action will be taken , like many other corruption scams. A little show would be done as if action is being taken, but nothing really is happening, a prime example of which is the "Harshad Mehta scandal". It was a 4,000 crore scam and he was convicted for one case off the 72 cases filed against him and he was let off on bail and by the time all the other cases were to be prosecuted, he died. I am not sure how well an independent body would handle the delicate situation of that of a Prime Minister, but I think they deserve a chance because such things must be fast in our country. It is just that the Prime Minister is the most significant leader of the Nation and there shall always be a hesitation for any body to take action against him. Another important argument that can be made in this case is that if the PM is also brought under Lokpal as well, it's almost the same as Lokpal actually ruling the country which deviates our constitution. What would be the need of a PM if even he is answerable to an independent body? This is a very delicate issue. However I think that is not genuine to bring the Prime Minister under Lokpal inspite of all the points being in the favor of Lokpal.
[2] Conduct of MPs in Parliament: The exact definition of "A Members of Parliament" is a representative of voters(citizens) and is mainly supposed to work for the benefit of the people. Yet, in another major scam, former Telecom minister A.Raja and Rajya Sabha MP, Ms.Kanimozhi's involvement was brought to light. Who are the people supposed to rely on, if the people's Government itself indulge in such illegal acts? Every now and then some or the other MP emerges as a corrupt. I am not saying all or even most of the politicians are corrupt. A lot of them have done a lot of good to the nation. But, it is very embarrassing when at an international level, the depth of corruption in our country emanates; like the very recent MP from Pune, Suresh Kalmadi's CWG scandal. So much money belonging to Indian politicians was recently revealed to be found in Swiss Bank. I credit the Government for having taken stern action against the above mentioned leaders right away and also hats off to the SC for rejecting Ms. Kanimozhi's bail plea. However, another big man in the industry, Mr.Ramalinga Raju's (convicted in the "Satyam computers Scam") comfortable life in the jail once again exposed the weakness of the Government in taking grim action against the influential people. Heaven knows if the same turns out in the case of the jailed MPs. I am hoping that if the MPs are brought under Lokpal, then there will be a change in the attitude of justice towards the country's "parliament criminals".
[3] Punishment for Graft : While Centre says that the term should not exceed ten years, Civil Society demands "Maximum Life Imprisonment". I don't think I have any right to judge either of the above or justify any of them. However, I would like to add that it must depend on the extent of involvement of the concerned person in the graft/corruption. The important thing is that whatever may be the decision or the punishment that shall be decided must be carried out effectively.
[4] Officials at all government levels under Lokpal: Government says that officials at the level of joint secretary and above only should come under Lokpal while civil society says Public Servants at all levels should be covered under Lokpal. I don't understand what problem the Centre has with this one. Ex-CM of AP, Mr.N.Chandrababu Naidu had started a toll-free number to be dialled when any common man had a bribe problem with any public servant. I personally never tried the number, but assuming that it worked, I'd say even he knew that corruption had penetrated very deep into the Government system. According to the Government's version, if only officials at the joint secretary and above are covered under the bill, then who should people approach if the Government servants under them are demanding bribe. Recently, when I went with my father to a Government Department, he bribed the peon as well as secretary to get the papers signed. I am an extreme anti against corruption and personally never bribed anyone, so I protested with my father. He helplessly shook his head and said that there was no other way. The papers had to go to the officer's secretary through the peon only and if he didn't give him money, he wouldn't take them to the secretary and if he didn't bribe the secretary, he wouldn't forward them to the officer. Ultimately, it's the signature on the papers that's important. What other option do I have? I heard another government official from another department in the same building telling some common man that he would do his work. But later "aap mera khayal rakhna". It's ironic, but someone has to control all these people and hence, I think all the public servants must be covered in the bill.
[5]Power for prosecution : There MUST be prosecution powers for Lokpal. Although I admit Indian judiciary system is good enough, the very highly influential people still get away with everything. Criminals get caught at all levels for their crimes and are exposed. It is the punishment part of the whole trial that is not executed. If we look at the histories of the scams, each one of them have been exposed to the deepest root and atleast 90% of their crimes have been revealed. However, when it comes to the prosecution of the case, there is "delay" or the high-profile criminal suddenly starts to have health problems (Ramalinga Raju, Suresh Kalmadi) and the case is abruptly closed or the best claim-"Investigation is still on". Why the hell does the investigation never END?! The Government needs help in this regard and if the Lokpal is indeed given prosecution powers, cases may be solved quickly because then, the burden of "investigation" on the govt. is reduced.
There are few other disagreements between the two parties;for instance, allowing of phone tapping, citizens' power to file complaints against Lokpal etc. Neverthless, every Indian is currently hoping that the Jan Lokpal bill come into existence with powers and methods that are different from that of the conventional government. It is still in controversy and one can only hope that the bill which was rejected NINE times in the parliament passes this time with a theory that is drafted completely in favor of the people of India because it is then, (with the emergence of Lokpal) that democracy will actually be meaningful for India with respect to it's definition : Government BY the people, OF the people, FOR the people.
There are few other disagreements between the two parties;for instance, allowing of phone tapping, citizens' power to file complaints against Lokpal etc. Neverthless, every Indian is currently hoping that the Jan Lokpal bill come into existence with powers and methods that are different from that of the conventional government. It is still in controversy and one can only hope that the bill which was rejected NINE times in the parliament passes this time with a theory that is drafted completely in favor of the people of India because it is then, (with the emergence of Lokpal) that democracy will actually be meaningful for India with respect to it's definition : Government BY the people, OF the people, FOR the people.
