Anna Hazare has announced that he will go on an indefinite fast on the 16th of August at Delhi in order to demand a strong Lok Pal bill at the Centre. What was presented in the Parliament recently was termed by Team Anna as the “Jokepal Bill”. Jokes apart, one needs to objectively look into what Civil Society demanded and what the Parliament is seeking to pass. The focus of civil society, government and the nation at large seems to be limited to the inclusion of the Prime Minister and the Judiciary. An objective look at the draft tabled in Parliament would be necessary to understand how much this Act can achieve if it becomes a law.

Comparing the present draft with the eight earlier ones of the Government shows that one has indeed travelled some distance. Civil Society has been effective in not only forcing government to table the Bill in Parliament but also in ensuring that many key issues are addressed. While this is said, other key features that would actually make this Bill usable by millions of ordinary citizens are completely left out.

Let us begin by looking at the Selection criteria. Recently, Justice Shivaraj Patil was appointed as the Lokayukta of Karnataka. Justice Patil has had a very distinguished past and is a very experienced and well - known jurist. But despite this, one is skeptical on whether he will really act in the various Lokayukta reports prepared against the high and mighty, especially against former Chief Minister Yeddyurappa.

This suspicion arises because of the fact that Yeddyurappa as the CM appointed him to this post just a couple of days before he demitted office. The Lokayukta Act of Karnataka allows the CM to appoint Lokayukta in consultation with the Leader of Opposition and the Chief Justice of the High Court. We need to note that it is only consultation and not concurrence. What it means is that the CM appoints whom he would like to see in this office.

What Civil Society recommended was a multi-tiered process that insulated it from political expediency. The Govt. draft despite having a multi - member selection committee leaves selection to a group of people who are most holding political or judicial office and headed by Prime Minister.

The Government draft also talks about punishing the complainant if the complaint is seen to be frivolous. This decision can be taken by the Lokpal, whereas a complaint against the corrupt will have to first have a preliminary enquiry where the accused will be heard and given an opportunity to explain his position. This does not apply for the complainant. What this will result in is fear in the minds of the complainants and virtually ensures that the corrupt are indirectly protected.

The Lokpal Bill as drafted by the Government does not provide for anti - corruption laws at the State level (Lokayukta in the States) and this will directly impact how the common man will perceive this law. Though it includes nearly 3 million NGOs that exist in the country today, it only covers 16,000 senior officers of the total 40 lakh officials that work for the Government of India.

One gets the feeling that there could be a hidden agenda of silencing any antiestablishment and activist NGO using this act, while letting most of the public servants go scot - free.

While it is no secret that 1/3rd of our parliamentarians have criminal charges against them, the Govt. hopes to keep the actions of our MPs out of the purview of the Act. Many of our MPs have also been caught on camera taking bribes to ask specific questions in Parliament. In such a scenario and recollecting the JMM bribery case, one does feel let down that the actions of MPs inside the Parliament are not covered under this Act.

Whether we get the law that Govt. drafts and approves or the one Civil Society is demanding, we need to understand that having a strong anti - corruption law is only the beginning of our battles. Most people are not only victims of “coercive corruption”, but are also active participants in “Collusive corruption”. The 2G - scam would not be a scam if the private telecom players had not initiated it and made it lucrative enough for themselves and shared the loot with political and bureaucratic powers – that - be.

Many people mistakenly believe that an anti - corruption law will solve our problems and address all grievances of mal - administration. Even if we were to get a law that is strong and effective, much will depend on how the average citizen gets to use it. Having seen the inadequate use of RTI Act, one feels that we need to have a massive awareness campaign to get people to understand on how to engage with system and use these laws.

More than merely focusing on including the Prime Minister or the Judiciary, it is time for all Civil Society activists to bury any differences and unitedly demand a strong and effective anti - corruption law which the common man can effectively use. We also need to understand and internalise that mere laws will not automatically bring in good governance. An enlightened citizenry with the willingness to engage and participate in the governance process alone can ensure that.

Dr. R. Balasubrahmanyam
Founder, Swami Vivekananda Youth Movement
e-mail:drrbalu@gmail.com

Courtesy: Star of Mysore