India witnessed two things in the last two weeks which my generation would have only heard of. The first was Cricket World Cup win, which happened 28 years after the future-defining win of 1983. Then followed a Gandhian protest by Anna Hazare and co against the rampant corruption prevalent in India. People said it evoked memories of Jay Prakash Narain (JP) movement of mid-1970s. While the Cricket win was celebratory in nature for us, the agitation invigorating. It did help matters that both happened in succession, as the sense of pride associated with the World Cup win made people steeled and passionate to attack a bigger venom-the corruption in India.
Contexts aside, the reason people stood so massively against corruption is that this devil has confronted each one of us. We all know how things, especially governmental, don’t move if bribes and favours are not attached with them. From the top till the bottom-the phrase is apt for corruption in India. But while the trivial infringements at the lower levels, viz. electricity, phone, posts services etc are pardonable, if not justified, the diabolical scams at the top are nation’s soul devouring. And when the economy of the nation has moved forward vigorously in the last two decades, the scope of corruption too has. Sadly but unsurprisingly, most of these have cropped up at the top levels of politicians and bureaucracy only.
The nation’s empowered mindset though couldn’t take things lying down this time around. Anna Hazare’ call seeped through each one of us. Never mind the fact that what Anna is asking is actually unconventional and a bit, unconstitutional too. Laws are to be made by Legislatures and executed by Governments in this country. Civil societies are only to advise, scrutinize and criticize. But what makes this case acceptable, even if exceptional, is due to the sheer apathy shown by successive governments against the anti-corruption agenda.
Soon after Independence, Corruption had set in Indian functioning. Santhanam Committee (1962-94) did a thorough analysis of this disease, and on its prescription, Central Vigilance Commission (CVC) was set up in 1964. To corner the problem even more, the First Administrative Reforms Commission (1966-69) recommended the formation of Lok Pal at the Centre and Lokayukta at the States. At their widest definition, these bodies would have prosecution powers against the guilty politicians and bureaucrats, including the PM. But political fear and disinterest never made these recommendations into realities. Since 1968, Lok Pal bill has been introduced in the Parliament eight times, but no Govt has shown the urge to get it passed. Some states have created the office of Lokayukta, but it is significantly reduced in its power.
Thus, the lack of ombudsman has proved to be a festering ground for the unscrupulous officials. India's anti-corruption law, Prevention Against Corruption Act, 1988 is hideously weak, and doesn’t conform to the guidelines of UN Convention against Corruption, which India indeed signed with much fanfare and promise to implement it. A sense of propriety, if not accosted by legality, can’t be attached to any Government functioning. However the investigative agencies might pursue the corruption cases of Commonwealth Games, 2G Spectrum, Adarsh Society etc, the guilty persons will go scot-free, because there is nothing concrete in law framework to implicate them. The teeth are missing, they say. The teeth will indeed be missing, if the face is missing. To create this face, we need this Jan Lokpal Bill which has a wider mandate and promises to provide that all-encompassing coverage, right from govt jobs admission, services delivery to complaints registration etc.
The nay-sayers might want to slay this proposal by questioning its unbound powers and doubting its efficacy: This Lok Pal will have more powers than even PM and President; if the Judiciary could not wipe out the corruption, how could it; this is a haste response to a complex problem. May be all these apprehensions are true. But we have erred enough on the side of caution; better err, if we indeed are, this time around, on the side of frantic but just action.
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