Monday, 16 February 2015

Lokpal and the color of corruption



Almost three and a half years passed, since I wrote this commentary on the movement for Lokpal bill led by Sri Anna Hazare.  Presently, the hulla-bolla of Lokpal seems to reach its fate accompli.  Moreover, some of the past comrades of Annaji have recently occupied the seat of power in the state of Delhi, and raised the expectation of Aam Admi in providing fair and just governance. It would be interesting to see their adjustment and political realignment in the prevailing system. Under this context we may revisit the events of August 2011, and my understanding of the movement at that stage.
                                                                                                                  16.02.2015

It appears that a large section of so called civil society of India are emotionally charged by the hunger strike of Sri Anna Hazare, and are joining his bandwagon for placing his version of Lokpal Bill to fight the corruption in the Government machinery. They consider that the Lokpal is the messiah for upholding democracy in this country, as it will make the Babus and Netas accountable, and enforce transparency in their dealings with private citizens. Interestingly against a far more blatant violation of civil rights, we have not heard these voices so loud and clear. We have not seen mainstream media’s outcry against the most uncivil laws practiced in different parts of this country (e.g., AFSPA in Manipur). Hardly there is any coverage and support for activists like Irom Sharmila Chanu, who is on hunger strike years after years (since the year 2000) for their withdrawal. We have not found these champions of democracy to go for a hunger strike when Vinayak Sen, the dedicated doctor serving rural people of Chhatishgarh and leading a social movement for people’s health and economic upliftment, was kept in prison for more than a year with flimsy charges. They were all mute listeners to our roaring Home Minister who labels any civil citizen as supporter of ultra-left violence, if he / she raises voice against the state repression on common people and repression of political activists fighting against such atrocities. Now these champions of transparency and corruption-free India have suddenly stormed the capital with the slogan of formation of Lokpal Institution for fighting the menace. Even a section of media hails their movement as another freedom struggle.  Mainstream opposition political parties are also happy to join the frenzy and commotion of volatile mass, which can overshadow their links with major business houses and their corrupt patronage to them, as the color of corruption in the eyes of Annaji is ‘Sarkari’.

Interestingly, Government is also more than ready to bring the Lokpal Bill, which is to be tabled in the Parliament in the current session.  But Annaji and company want their versions in word by word to be accepted, even if Parliament is not willing to pass them. Even more surprising is the fact that these two versions have cosmetic differences, such as whether to bring the office of Prime Minister under its purview, whether it should be able to judge the judges, how the selection committee should be formed, whether an MP’s participation in the parliament is under its jurisdiction, whether the CBI should be merged with the Lokpal, etc. All these could have been resolved in the parliament during the passing of the bill and bringing amendments to it. However, the peaceful Gandhian and his supporters started burning the copies of the Government’s version, and demanded complete adoption of their version by any means. The Government also on its own rationale, chooses to heighten the tension between two camps. They could have considered so called civil society’s version for the parliamentary debate, and resolved it there. In stead, the Congress party started attacking the individual members, questioning their integrity, and subsequently the Government allowed the situation to embroil into a state of confusion and anarchy. They arrested Annaji and their associates, and are successful enough to bring the Lokpal in the forefront of antigovernment demonstration.  

Why Lokpal?

One thing is clear from the shadow fight of these two opposing camps. Both of them apparently agreed upon the fact that the present constitutional bodies for checking corruption failed abysmally. From their eagerness of looking for an alternative institution, we can infer that our executive bodies and judiciary are either incompetent or corrupt to handle this corruption. We need a separate constitutional body, which should be specially targeted to punish the rogue elements in the government machinery. Lokpal appears to be a ready-made solution under this context. It is under consideration of parliament for decades. But neither the present, nor the past Governments, which included oppositions as well, had any intention of tabling it.  So the credit goes to Annaji, as he took the opportune moment of exposure of a series of scams and corruption involving different Ministries and a section of MPs, and mobilized his supporters with favorable media coverage for the constitution of Lokpal. What is amazing, is the promptness with which the Government accepted the demand, and subsequently, almost all the political parties, which were not so keen on passing Lokpal bill so far, started favoring its speedy adoption. Annaji and his team became buoyant with their negotiated success, and went for a glorious celebration. The Government also was more than happy to trap an opportunity of showing its face of reformation, when it has practically nothing to offer to the people in the face of rising inflation and under-employment.
   
Brickbats between two camps

What confuses us is that, even after Government’s assurance on formation of Lokpal, there is no lessening of antigovernment rhetoric from the opposing camp. They rejected the draft produced by the Government, and placed their own version to the public. However, to a non-partisan person, they would appear by and large in conformity. There are differences, but they are not as significant as asking for any revolutionary change in the social or political structure of this country. However, Annaji and his associates are adamant on insisting their version to be passed in the parliament. In fact, they virtually want to override parliament’s independent review, and dictate their own terms in this regard. Their uncompromising attitude towards any deviation from it has created the present impasse. Let us try to understand why they are acting so defiant?  What is there in the Government draft, which made them so much impatient?

It appears both the parties are eager to protect their own interests in their own domain.  The government wants to have its greater say in the constitution and running of Lokpal, and at the same time, tries to protect its functionaries from the harassment of frequent frivolous complaints, as expected to be a defeating outcome of this exercise. The activists on the other hand want to keep themselves out of this scrutinizing process and reject any accountability of making charges, whatever may be the basis and motivation of the complainants. As many of them run through private patronage and work in forming NGOs and Societies, they also want to keep the functionaries of these organizations, out of the gambit of Lokpal. They consider that it may lead to possible harassment from the Government.   However, it does not fit with their vision of justice from a Lokpal, as an independent body, free from the intervention of Government.

Heroes and villains

The basic presumption of anticorruption lobby is that the source of corruption is Government machinery. To substantiate this argument, they cite evidences of   roles of a section of MPs / MLAs/ Ministers/ Judges/ Bureaucrats / Public servants, etc., on scams, those came into surface in recent years. They hail roles of journalists and media, civil right activists, retired judges, and lawyers for exposing the corruption, and want to strengthen the process through formation of Lokpal, their own version of Lokpal. To them corruption is a result of aberration of an individual’s own integrity and honesty. For tackling them the society requires vigilance on these functionaries.  As there are villains, there should be heroes as well in this highly tensed drama. Our heroes, with the help of Lokpal, will punish these unruly horses. So self-styled guardians of our civil society are hogging the limelight of media, and posing themselves as the messiah of corruption-free India. For the Government and the political parties backed up by business houses and private sectors, it is very convenient to subscribe this theory. They need not look into social causes and face various unpleasant questions on the source of corruption. To them a fasting Anna is more than welcome, than a Sharmila of Manipur. So Lokpal is the right choice for the right moment. Only it is a matter of bargaining between our politicians and so called guardians; how they will use the Lokpal for their glory and maneuvering.

Color of corruption

The question, which remains unuttered in this process, is the role of corporate houses in systematic corrupt practices in Government machinery.  Every scam is associated with big and small corporate houses. It is difficult to leave exception of any particular big business house, which has not taken part in this game. Even usual judicial procedure recently indicted a few higher officials of those corporations, and put them on trial. It is their money power that corrupts or attempts to corrupt individuals in every sphere, whether it is Sarkari or Besarkari. It is a recurring phenomenon, and still Lokpal is meant for checking the Government functionaries only. There is no check or vigilance on the practices in the corporate house, on their employment of lobbyists, hosting social gatherings, influencing media coverage, participating in various Government committees and influencing decision on promoting their business, etc. There is no mention what punishment society should reserve for them for amassing wealth through these means. Even within these corporations, there are corruptions related to stealing employee’s benefits, evading taxes, etc. Lokpal is silent on these matters.  In the rhetoric of our anti-corruption activists, not a single word is spared on these matters. One may argue that there are other laws for handling them. But are they effective to tackle them? Then, why should not a separate institution like Lokpal be formed for tackling them? It is unfortunate that our so called civil society and also the media promoting them are silent on this issue, when the color of corruption becomes ‘Besarkari’. There are awards and patronage for them from these corporations. A section of media is also run by big corporate houses.  Naturally, they should not pursue these unpleasant questions with the same zeal, they showed otherwise for the ‘Sarkari’ corruption. The same is true for political parties and their Governments protecting vested interests of these houses. In this regard, there is little difference between Annaji and Soniaji. They are brothers and sisters on the same boat.

22/08/2011