Let us recall what Hazare is fighting for. He wants to change some of the provisions of the “Lokpal bill”. This bill allows for the establishment of “Lokpals”— special independent units designed to catch and punish corrupt elected officials.
Hazare and the government disagree on some key provisions. The government wants these Lokpals to be only an advisory body. It does not want the Lokpals to have the power to prosecute anyone without the permission from the prime minister or the speaker of the house.
The government also wants to make sure that the punishment isn’t too harsh. The government would like the maximum punishment to be seven years; regardless of how severe is the corruption charge. They also want the prime minister and top level judges to be immune from prosecution.
Hazare says that the government’s version of Lokpal bill is a sham. He wants the Lokpal to be a truly independent body. He wants the head of Lokpal to have the right to prosecute anyone it sees fit, without any fear, and without seeking permission from anyone. He wants minimum punishment of 5 years in prison and a maximum of a life sentence. Only when a top level minister goes to jail for life, he says, will there be a “brake” in corruption.
Hazare is absolutely right. A tiny stick to tame the powerful will not work. You will need a strong stick. And you will need someone who is fearless in using that stick.
Critics of Hazare accuse him of undermining democracy. They argue that it is the parliaments that make laws, not activists on hunger strikes. If Hazare has faith in the multi-party democracy, they say, he should let the parliamentarians decide on what law is good for the country. Emphasizing this viewpoint Indian premier, Manmohan Singh, said that “the path that he has chosen to impose his draft of a bill upon parliament is totally misconceived and fraught with grave consequences for our parliamentary democracy.”
Singh is wrong. In a democracy, it is the duty of a citizen to protest. Moreover, Hazare is not asking that his version of the bill be passed without voting in the parliament. What he is asking is that the civil society be consulted on this issue, and that the discussion be broadcasted live on television, just like parliamentary discussions are broadcasted. It is hard to reason how Hazare is undermining democracy. In a poll conducted by The Times of India, more than 90 percent of voters agreed that Hazare was not undermining democracy in anyway. Instead, more than 90 percent agreed that it was the Congress government that was undermining democracy.
There is a lesson for Nepal from what is unfolding in Delhi. The lesson is that anti-corruption drive will have to come from the civil society, not elected officials. Only when we have our own Anna Hazare will we have laws that are truly meant to curb corruption.
It is true that consulting the civil society on every bill before voting would be impractical. But this law is a special case. This is a law that will create a monitoring mechanism to punish misbehaving elected officials. Naturally, elected officials who enjoy misbehaving and getting away with it will never vote for this bill unless they are forced to. Hazare is applying this force, and the Indian prime minister should use it to achieve something historic. Instead he has chosen to conduct business as usual. This is unfortunate and a loss of a great opportunity.
There are two lessons for Nepal from this unfolding event in Delhi. The first lesson is that anti-corruption drive will have to come from the civil society, not elected officials. Only when we have our own Hazare will we have laws that are truly meant to curb corruption. The second lesson is for politicians. In the 21st century, technology has made it impossible for the ruling class to manipulate public opinion. It has made it easier for ordinary men to organize and fight against injustice of the government. A smart premier should keep this in mind.
The writer is an Assistant Professor of Economics and Finance at Texas A&M International University in Texas, US
680anand@gmail.com
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