Empower the people in fight against corruption by amending prevention of corruption act
Exploiting the vast anger of the people against the corrupt political leadership, the second freedom struggle of India was conceived, planned and executed within five days. On 9th April, 2011, the TV channels gave us the Breaking News that India had won its second struggle for Independence! Me, a post-1947 born, tried to feel and relive the moment as I had missed the original one. But somehow, the images flashing in millions of Televisions completely lacked the vision of that slightly stooping figure of Bapu who led the millions for freedom.
Even a perfunctory examination of the Jan Lokpal Bill drafted by the protagonist of the present movement would reveal that it is just another rehash of the provisions of the Prevention of Corruption Act, 1988. Under the section 8 of the proposed Bill, the Lokpal has the power of receiving (a) Complaints where there are allegations of such acts of omission or commission which are punishable under Prevention of Corruption Act against “Public Servants” and (b) Complaints where there are allegations of misconduct by a government servant etc. The complaints received can be in relation to “corruption” that includes any offense punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988;
Thus in case the Lokpal Bill is legislated, the corrupt public servant will now get an extra opportunity to defend under the 18(ii) and (iii) of the proposed Bill, apart from the opportunity to defend as and when the Lokpal initiates proceedings under the Prevention of Corruption Act. Thus instead of a speedy trial of the corrupt, they get an extra innings to delay. All that was perhaps required was to demand the deletion of section 19 of the Prevention of Corruption Act by which the cognizance of the offense could be taken only if the sanction was granted by the Government. If this hurdle is removed, any citizen can file a case against any corrupt public servant empowering millions of citizens to become the Lokpals themselves instead of looking for the perfect Lokpal!
While on one hand the proposed Lokpal Bill has nothing effective to offer to fight corruption, on the other hand some of the proposed provisions are wholly undemocratic and unconstitutional. The provisions of section 18(vi) and (ix) of the proposed Bill stipulates that where after investigation into a complaint, the Lokpal is satisfied that the complaint against the public servant is substantiated , the Lokpal can pass orders either to transfer/suspend the public servant from that position or even discontinue him from the post.
In case of public servant being a Minister, (except the Prime Minister!) Lokpal shall make such recommendation to the President, who shall decide either to accept such recommendation or reject it within a month of its receipt. If the order is not complied with within the time or in the manner directed, Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders. Thus constitutional appointees like the High Court Judges, Supreme Court Judges, Chief Ministers and all Central Ministers can be transferred/suspended or even removed by a statutory authority like a Lokpal (who might be a NGO representative) even before they are proven guilty!!! And if the President of the country refuses to do so, Lokpal can even fine the President! In the proposed Bill, Anna and his colleagues ought to really add a repeal clause, repealing most part of the Constitution itself!
Another glaring omission that stares at our face is the total absence of any provision in the proposed Bill to book the corrupt corporate bosses. The entire anger of the people is diverted and directed against the public servants, Judges and elected members giving a complete freedom given to the corporate world to escape. In fact, in the era of globalization, most of the corruption is indulged by the corporate bosses in connivance with the elected members or the Government servants. The 2G scan was for the benefits of Companies like Swan, Reliance, etc. The public servants merely facilitates the corrupt practice, the substantial benefits always flow to the private person. The great communicators of the talk show on TV channels know this fact quite well. Yet when the media gave a 5 days non-stop support to Anna’s movement, why didn’t any one find it necessary to question the complete omission of any provision to book the corrupt corporate bosses?
‘Corruption’ as is plainly understood is the enrichment without the sanction of law or the encashment of one’s’ power or position or ownership. By this definition, the word ‘corruption’ would exclude legally sanctioned enrichments, however immoral it may be. To illustrate this distinction, we may note that in the State of Karnataka there is no prohibition on the manufacture, sale or consumption of liquor unlike the State of Gujarat where there is total ban. This difference leads to the creation of the rich, respectable liquor baron Vijay Maliya, a Rajyasabha member on one hand and on the other hand, in Gujarat it created Abdul Latif, the richest bootlegger who was ultimately shot dead in an encounter! Just a difference of legal provision! The emphasis on the moral angle of “corruption” should not therefore be overstated to paint the rich and wealthy as angels and tarnish the public servants alone.
Yes, we agree that Corruption is a serious issue; but the media, by using the clean image of a good man and the simmering anger of the people against corruption, cannot be permitted to dilute this struggle by over stating the demand for another law. There are sufficient laws existing. I tried to state this in a public meeting supporting Anna’s movement but was prevented from doing so. Activists controlling the movement protested when I spoke of the refusal of sanction by the Government of Gujarat to prosecute a Minister. What are we therefore fighting for? Some more illusions added to the ones already created by the first struggle of Independence?
