Tuesday, April 5, 2011

Anna Hazare's crusade against corruption

Noted Social activist Anna Hazare has started his fast un to death to make the government agree for a joint committee consisting of civil society members and government officials to draft the Lokpal bill.He has the support of Sri Sri Ravishankar, Baba Ramdev, Vincent Concessao and Jamiat-Ulema-i-Hind.More than 7.5 crore people have supported the demand for a better Lokpal Bill than the one drafted by government.Hazare says the the government's version of Lokpal Bill is toothless .The 'India against corruption' (IAC) movement ,seeking enactment of Jan Lokpal Bill would observe a token hunger strike at Azad Maidan in Delhi on April 5 from 10.30 am. In a bid to compel the central government to enact a law to curb corruption, justice Santosh Hegde, former Supreme Court judge and Lokayukta of Karnataka, Prashant Bhushan, Supreme Court lawyer, Kiran Bedi and Arvind Kejriwal and other social activists, have drafted Jan Lok Pal bill.But the government is not interested in pursuing the bill drafted by them.

India is one of the most corrupt countries in the world today.One significant step against corruption will be the implementation of the Lokpal bill.The idea of the Lok Pal is borrowed from the office of ombudsman, in Scandinavian countries.The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukta(s) in the states.Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed in 1969.But before the bill could be passed in the Rajya sabha,the Loksabha was dissolved.Technically it resulted in the death of the bill.The bill was re-introduced in Loksabha 9 times from 1971 to 2008.Every time the the draft bill was referred to some committee for improvement .Before the government could take a final decision evvery time the house was dissolved .It could not be a coincidence.The bill was deliberatley deferred every time under some pretext or other to dump the bill to cold storage .

There are 17 states where the institution of Lokayukta has been constituted from 1971. However the power, function and jurisdiction of Lokayuktas are not uniform in the nation.The only Lok Ayukta that seems to be very effective is the one at Karnataka headed by Justice Santhosh Hegde .The Lokpal is supposed to function as a watchdog on the probity of ministers .The government finally proposed the Lokpal draft Bill 2010.Now Hazare is fasting against the draft Lokpal bill ,2010.The draft Lokpal under Sec 10 covers the PM, ministers and MPs.But it nullifies the provision by stating that the Lokpal shall not enquire into any allegations of corruption against any member of either House of Parliament unless the recommendation of the Speaker or Chairman of Council of States is received by it. Also under the proposed Lokpal bill ,it can not investigate any case against the Prime Minister if it is related to external affairs and defence.Everywhere there is a loophole and defeats the purpose of the bill..Anna Hazare says the intention behind the draft bill is to portect the corrupt bureaucrats and politicians and not intended to prosecute them.

The alternative draft supported by Hazare provides for prosecution of public servants and politicians .It also has powers to protect the whistle-blowers.Hazare alleges the 9 member group of ministers who drafted the proposed draft bill are the most corrupt ministers.Hazare who championed the cause of the RTI act says it is one of the best legislations, because there is participation of the civil society as well.Hazare wants outstanding social scientists or academicians should also be made eligible to become members of the Lokpal body.Currently the bill provides for three-member body consisting of a chairperson who is or was a former Chief Justice or judge of the Supreme Court and two members who are or have been judges of the Supreme Court or Chief Justices of a high court.Anna Hazare says it should not be restricted to judges alone.The Lokpal at the Centre or the Lok Ayukta in the States should be made autonomous.They should have powers to suo motu investigate and take action against the culprits. It should not be an advisory body, as given in the present bill drafted by the government. As per the provisions in the government-drafted bill, complaints should be given to the speaker of the Lok Sabha or the chairperson of the Rajya Sabha.This will restrict the purview of the Lokpal.It remains to be seen if the government would budge to Anna Hazare .

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