ANNA HAZARE's MESSAGE TO ALL INDIANS
A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want acorruption-free India. After all, what are the people asking for – a strong anti-corruption
law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much?
For two months, we were talking to the government. Government seems unwilling to take even small steps againstcorruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from th 16 August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation.
Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they
arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives
but will not leave the place. We will not retaliate. It will be a completely non-violent movement.
th “If you fast on 16 August, you will be crushed” – this is what they are saying. “We will impose section 144 on
Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his
th work from 16 August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands
shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets.
The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may
impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country?
And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement!
th So, will you take off from your work from 16 August? Will you descend on the streets with me?
th th This year, the country will wait for 16 rather than 15 August.
law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much?
For two months, we were talking to the government. Government seems unwilling to take even small steps againstcorruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from th 16 August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation.
Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they
arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives
but will not leave the place. We will not retaliate. It will be a completely non-violent movement.
th “If you fast on 16 August, you will be crushed” – this is what they are saying. “We will impose section 144 on
Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his
th work from 16 August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands
shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets.
The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may
impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country?
And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement!
th So, will you take off from your work from 16 August? Will you descend on the streets with me?
th th This year, the country will wait for 16 rather than 15 August.
In solidarity,
Anna Hazare
Anna Hazare
“GOVERNMENT'S LOKPAL IS DANGEROUS”
The government's Lokpal bill covers about 0.5% of
public servants, yet it brings under its ambit virtually
every citizen's group and organization, registered or
unregistered, meant to serve the social sector. This
raises a pertinent question -- whom is the Lokpal really
targeted at?
There are more than 1.25 crore central and state
government employees. Out of this merely 65,000
Group A Central Government employees would be
covered in the government bill leaving out all the lower
officers and staff. This effectively means that there is
no remedy against corruption that a common person
faces daily in police, roads, industry, licensing,
transport, roadways, municipality, rations, health
services, education, pension, provident funds,
Panchayat, forest department, irrigation department,
etc.
On the other hand, Lokpal would have jurisdiction over
all NGOs, trusts, societies like RWAs, big or small,
whether registered or unregistered, whether they receive government funding or not, up to the village
level! For instance, consider a group of citizens that
unearths corruption of the Sarpanch and Block
Development officer (BDO) in a village. The
government's Lokpal can't take any action against the
Sarpanch or BDO but it can lock up the group of active
citizens. Each and every association, like Resident
Welfare Associations, Market Associations, even your
neighbourhood committees that organize festivals like
Durga Puja, Ramlila, etc. would be under the purview
of Lokpal.
While there is no disagreement that the rot of
corruption is also afflicting many societies, associations
and NGOs, there already exists a plethora of laws like
the Trust Act, Societies Act, FCRA, etc. to monitor
them. Lokpal was originally intended for checking
corruption in public servants. Regardless, if it is being
extended to all associations of civil society, then why
shouldn't it also cover all companies, businesses,
political parties, and media houses?
public servants, yet it brings under its ambit virtually
every citizen's group and organization, registered or
unregistered, meant to serve the social sector. This
raises a pertinent question -- whom is the Lokpal really
targeted at?
There are more than 1.25 crore central and state
government employees. Out of this merely 65,000
Group A Central Government employees would be
covered in the government bill leaving out all the lower
officers and staff. This effectively means that there is
no remedy against corruption that a common person
faces daily in police, roads, industry, licensing,
transport, roadways, municipality, rations, health
services, education, pension, provident funds,
Panchayat, forest department, irrigation department,
etc.
On the other hand, Lokpal would have jurisdiction over
all NGOs, trusts, societies like RWAs, big or small,
whether registered or unregistered, whether they receive government funding or not, up to the village
level! For instance, consider a group of citizens that
unearths corruption of the Sarpanch and Block
Development officer (BDO) in a village. The
government's Lokpal can't take any action against the
Sarpanch or BDO but it can lock up the group of active
citizens. Each and every association, like Resident
Welfare Associations, Market Associations, even your
neighbourhood committees that organize festivals like
Durga Puja, Ramlila, etc. would be under the purview
of Lokpal.
While there is no disagreement that the rot of
corruption is also afflicting many societies, associations
and NGOs, there already exists a plethora of laws like
the Trust Act, Societies Act, FCRA, etc. to monitor
them. Lokpal was originally intended for checking
corruption in public servants. Regardless, if it is being
extended to all associations of civil society, then why
shouldn't it also cover all companies, businesses,
political parties, and media houses?
Government's Lokpal Provides Greater Protection to Corrupt!
Provisions in the government's Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servant
accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a
frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was
wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence for
the citizen is two years. But if the corruption charges are proved, the minimum sentence for the public servant is just
six months!
accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a
frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was
wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence for
the citizen is two years. But if the corruption charges are proved, the minimum sentence for the public servant is just
six months!
Will then any citizen dare raise a voice against corruption?
"LOKPAL BILL VS GOVERNMENT DRAFT"
Government's Draft | Anna Hazare's Jan Lokpal | |
Corruption of Prime Minister | If the PM is involved in corruption, then CBI would investigate, not the Lokpal. (CBI directly comes under PM. How will CBI investigate its own boss?) | Lokpal, which is an independent body, would investigate PM. (If govt.'s doesn't want PM's corruption to be investigated, let them amend constitution upfront rather than making a pretense of investigations by CBI.) |
Corruption within Judiciary | A committee of three judges from same court will give permission for investigation against the accused judge. (How will judges from the same court give permission to investigate their colleague judge?) | A seven member bench of Lokpal will give permission after an open hearing. |
Corruption of Mps | If a MP votes or puts up a question in parliament in return for a bribe, then he/she could be investigated by a committee of other MPs as is the present system. (In the past 62 years, many instances of MP's taking bribe have surfaced but not even a single instance has been honestly investigated nor any MP sent to jail.) | The investigation would be done by an independent Lokpal. |
Corruption Faced by the Common Citizen. | Every department will declare its citizen charter specifying work to be done, the officer responsible, and time required. However, it doesn't state what happens in case of dereliction of duty. (Today, any work like license, ration card, business permits, etc. in a government department requires the citizen to pay a bribe. Why will the department change from this modus operandi when there are no penalties for non-performance. | If the citizen charter is violated, then the Lokpal would penalize the concerned officers, and the penalty would go to the complainant as compensation |
Selection of Lokpal. | 1. In a ten-member Selection Committee, six are politicians, of which five will be from the ruling party. (This kind of system will increase the probability that a corrupt persons and those favorable to ruling party are finally selected.) 2. Selection process will be decided by Selection Committee. | 1. Selection Committee would comprise of two politicians, four judges and head of two independent constitutional authorities. 2. The Search Committee would comprise of civil society members and retired constitutional authorities. 3. A detailed selection process has been described, which would be transparent and have people's participation. |
Corruption within Lokpal Staff | The members of Lokpal would be accountable to the government. Only government can file a petition in the Supreme Court for their removal. | The accountability of the Lokpal members would be to the public. Any citizen can file a petition in the Supreme Court for removal of a corrupt Lokpal member. |
Jurisdiction of Lokpal | Only group 'A' officers of the Central Government would come under the jurisdiction of Lokpal, while the lower level officers and the state employees would be left out. (So where would the common citizen go to complain about corruption in licensing, Panchayat, Schools, Hospitals, rations, etc.?) | All the employees of Central Government will be under Lokpal's ambit. On similar patterns of Lokpal , Lokayaukta will be set up at state level and all the employees of state government will be under its ambit. |
Whistleblower's Protection | The CVC is responsible of protecting the whistleblowers. However, the CVC neither has the capacity nor the legal powers required to protect whistleblowers. | It should be Lokpal's responsibility to protect the whistleblowers. The Lokpal has been given sufficient powers for the same. |
Removal of Corrupt Officers | The power to remove officers lies with the minister of that particular department. (Since the minister also gets a cut out of the money that is taken as bribe, corrupt officers are rewarded rather than punished) | The decision to remove a corrupt officer lies with a bench of Lokpal members which would hear such cases in public. |
Punishment for Corruption | Maximum punishment for corruption is 10 years. | The maximum sentence is life imprisonment. Officers senior in rank would attract stiffer punishment. |
Accountability of Lokpal Members | The members of Lokpal would be accountable to the government. Only government can file a petition in the Supreme Court for their removal. | The accountability of the Lokpal members would be Supreme Court for removal of a corrupt Lokpal member. |
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