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LATEST NEWS UPDATES | Jan Lokpal goes elitist by Dipankar Gupta

Jan Lokpal goes elitist by Dipankar Gupta

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published Published on Aug 5, 2011   modified Modified on Aug 5, 2011

If the Lokpal Bill presented to Parliament is a dud, Anna Hazare and his team must accept their share of the blame. They took their eyes off citizens and concentrated almost exclusively on big people in important positions. What tempted them to take this stance? Is it because enemies in high places are better ego boosters than humble friends?

For ordinary people it is of little consequence if the prime minister or Supreme Court judges fall within the ambit of the Lokpal Bill. It is breaking news stuff, but not the stuff of everyday life. What worries most of us is routine corruption at the ground level, but Anna and his activists have set their sights on the stars.

Consequently, sections in the Jan Lokpal Bill which protect whistleblowers and citizens from routine corruption receive little publicity. The government's representatives to the Lokpal discussions are probably looking into the mirror and blowing kisses at themselves. By veering the talks towards prime ministers and judges, they effectively sidelined issues that bother the average citizen.

If truth be told, we have learnt to fear the law enforcer more than the law breakers. When a bureaucrat looks unhappily at us we come rushing in bearing gifts. It is this everyday, routine terror that we want to be freed from. Docking the prime minister might smell of roses to some, but does nothing for most of us.

Anna and his team are not quite mindful of this fact as they are on an all-time high. They believe that their group binge has given ministers and judges sleepless nights and frown-filled days. As this is an addictive and pleasurable thought, it has led Jan Lokpal activists to effectively ignore parts of the Bill that really matter to citizens.

Which parts are these?

Section 20 in the proposed Jan Lokpal Bill is categorical about protecting whistleblowers. As such threats are "imminent", the document recommends that they should be put on "fast track" investigation and dealt with as soon as possible, within 24 hours.

Section 21 follows soon after with a "Citizens' Charter". This protects us from delayed justice and from having to prove that we were forced to bribe. As this rule is framed in a very objective manner, it puts the onus on the official concerned.

Section 21 (1) of the Citizens' Charter in the Jan Lokpal Bill explicitly expands on this subject. It proposes to "enumerate the commitments of the respective problem authority to the citizens (sic), officer responsible for meeting each such commitment and the time limit within which the commitment shall be met".

If that does not happen, then Section 22 would instantly kick in. There will now be a chief vigilance officer in each "problem authority" who will take action against such erring "public servants".

In other words, if a particular job is not done within the stipulated time, if a verdict is not delivered within the designated period, the concerned functionary will have to explain. Unfortunately, both the protection of whistleblowers and the empowering of citizens have not received the attention they deserve.

This can be gauged from what both sides had to say during and after the talks, especially after. In the post-discussion media releases, neither the government nor Anna's camp spent any time on these issues. This, notwithstanding their long tirades against each other.

Protecting whistleblowers and setting up a citizens' charter are of no consequence to those who are ministers, judges, joint secretaries and above. But they intimately affect ordinary people. If these provisions were to become active we could dust off our knees and stand straight, perhaps for the first time. The police station and the law court would then become friendly places and not next door to hell.

In the long run, Sections 20 and 21 would force the political class and its satraps to reinvent themselves. Gradually, ministers, judges and the mass of officials will have little to hide as they will have no avenues to receive. True, the Right to Information Act exists, but as it stands unprotected only the intrepid few have the guts to use it. In 2010 alone, as many as 10 RTI activists were murdered.

The central vigilance commissioner has confessed that his office does not have the requisite powers to protect whistleblowers. If Anna's team had not been so obsessed by the thrill of locking up bigwigs, the ordinary citizen would have been better served. Judging from the way Satyendra Dubey of National Highways Autho-rity and the additional collector of Nashik were killed, even officials who fight corruption had better watch their backs.

The builders' lobby and the mining mafia can be ruthless in their operations, for they often get police support. There are many instances of such collusion in both small and big cities. Only last month when a Ghaziabad resident attempted to expose a real estate racket, he was promptly arrested by the police. He sang Bhagat Singh-inspired songs on his way to jail, but that did not work.

If, however, Sections 20 and 21 of the Jan Lokpal Bill had become law, that would have helped him. It is just too bad that Anna and his team failed to highlight this aspect. As they were big game hunting they lost the plot and the people they were meant to protect.

The best is often a sworn enemy of the good.

The writer is former professor, JNU.

The Times of India, 5 August, 2011, http://timesofindia.indiatimes.com/home/opinion/edit-page/Jan-Lokpal-goes-elitist/articleshow/9484903.cms


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