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© 2011 SOMYA HARSH,. all rights reserved

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© 2011 SOMYA HARSH,. all rights reserved

Creating an Unequal System

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In contrast with Team Annas Janlokpal Bill,the government version doesnt cover corrupt first-contact officials 

by KIRAN BEDI 


The government-drafted Lokpal Bill provides for an unequal and fractured response system to combat corruption : one of corporate corruption and the other common mans bribes.Several reports,studies and opinion polls have explicitly underlined the need to combat corruption,from top to  bottom.Corruption affects every citizen,but maximum are at the bottom of the pyramid.Here are three quick references.First,a recent opinion poll.This reveals that 59% of Delhiites paid bribes to several departments in different proportions with building department topping the list,followed by sales tax and income tax,police and education.Corruption manifested mostly in the form of bribes at 37% and harassment at 42%.Another recent survey conducted on expatriate business executives by the Political and Economic Risk Consultancy found that Indian bureaucracy is the worst in Asia.In India,as per the report,politicians frequently promise to reform and revitalise the Indian bureaucracy,but they have been ineffective mainly because civil service is a power centre in its own right.Dealing with them can be the most frustrating experience for any Indian,let alone a foreign investor. The latest edition of India Corruption Study: 2010 produced by Centre for Media Studies after surveying 10,000 rural households in 11 states gathered corruption data in four key sectors impacting the poor: public distribution,school education,water supply and hospital services.It was found that the quality of services is appallingly low and corruption is unacceptably high.Its overall finding is that 95% of the households who are asked to pay bribe end up paying it.This brings out that grievance redressal system continues to be poor with lack of accountability of public service providers,despite claims made by official spokespersons.This is what Team Annas inclusive draft Bill addresses and provides for comprehensively from top to bottom of the ranks.Regrettably,the government of the people draft completely ignores it.Which is why civil society is raising its voice to remedy it.Hopefully,this anomaly may see a substantial course correction through Parliament and its Standing Committee.To be specific,the key difference in the systems approach provided in the governments Lokpal Bill and Janlokpal Bill collectively drafted by Team Anna is in the violation of the commitment made in the proposed Citizens Charter to be written for each department as provided for in both draft Bills.The Janlokpal Bill lays down an accessible and empowered mechanism for an aggrieved citizen to approach the districtlevel Lokpal officer for relief.The Lokpal officer could levy a penalty on the head of the department and compensate the citizen.This is the protection and empowerment an ordinary citizen needs.If the Lokpal officer turns out to be corrupt,the aggrieved person can go to the Independent Complaint Authority at the district level.This mechanism is missing from the official Lokpal Bill.It is primarily because the governments draft Bill only covers Group A services and none below the rank of joint secretary which is limited to corporate corruption only! But all first-contact essential services where central government officials are involved,namely,railways,banks,post and telegraph,communications,civil supplies,etc,have no remedy from the governments Lokpal Bill.As for the state services,the central government is leaving state matters to the state governments.Ironically,while there is nothing for common mans grievances in the government draft Bill,his activism has been covered.All non-profit organisations,registered or not,funded or not,but receiving donation,howsoever small,shall come within the purview of the Lokpal.They too are expected to prepare a Citizens Charter and specify their commitments,have a Public Grievances Redressal Officer and be liable for violations.Hence,the government in its draft Lokpal Bill is proposing to cover only 65,000 class-I officers but excluding the four million central government employees below this.At the same time,it is bringing under the Lokpal Bill millions of small groups that undertake voluntary service or small events like the Ram Lila,Durga Puja,carnivals,fund raising for a festival or an event.Formed groups like the Rotary,Lions,Jaycees and YMAs,resident welfare and market associations,management groups,small and big unions and mandals,and sports groups everyone has been covered.How and for whose welfare has this provision been brought in is a mystery.Perhaps to frighten the weak-hearted.It will certainly limit activism,besides creating scope for harassment.As an illustration: if a patwari commits an act of corruption,the Lokpal will have no jurisdiction,but even if a small cricket group in the same village commits a financial impropriety,it can be hauled up by the Lokpal.Instead of the common man being empowered and facilitated an assured access to an effective anti-corruption system,he has got nothing.Instead,if he is a social activist and wants to do something different,and collects even a small donation,he can be answerable to queries from the Lokpal.The Janlokpal Bill had proposed bringing under the Lokpal only those NGOs that receive substantial government funds.The government is continuing to promise the aam aadmi several schemes with huge public outlays but without an effective anti-corruption delivery mechanism.Without accountable and transparent systems in place,these public funds will continue to get siphoned off and lost.The Janlokpal Bill had even provided for a social audit,besides various other safeguards,which the official Bill excluded.Under a differential,weak anti-corruption system,bribe-giving and bribe-taking for the masses will continue to be a way of life.The message: accept status quo and suffer.It is your Hindu destiny.

(The author is a former DGP and a Magsaysay awardee) 





source: economictimes