Rooting out graft

A strong Lokpal and protection of whistleblowers hold the key to eliminating corruption.

Written by Christophe Jaffrelot , Basim U Nissa | Published:December 13, 2016 12:01 am
demonetisation, demonetisation effect, demonetisation process, demonetisation news, black money, black money total, new currency notes, npas, modi black money, modi demonetisation RTI activists are under so much pressure because they deal with serious forms of corruption, including land transactions. (Illustration by C R Sasikumar)

If we go by Prime Minister Narendra Modi’s televised announcement on November 8, the reason to implement demonetisation on such a massive scale was to fight corruption. The narrative has changed somewhat lately and the need to modernise the Indian economy and move towards a cashless society have been presented as additional factors. But the need to counter corruption clearly remains a priority.

Modi’s electoral success in 2014 took place in the wake of a formidable anti-corruption mobilisation initiated in 2011 by Anna Hazare. At that time, thousands of people demanded the creation of a Lokpal. This was one of the most popular movements in post-independence India — it called to mind the movement Jayaprakash Narayan had spearheaded in the 1970s. As Gujarat CM, Modi supported the creation of Lokpal in an open letter to Hazare on April 11, 2011. The Lokpal Bill was passed in Parliament in December 2013 as the Lokpal and Lokayukta Act. A little less than six months later, a new government was in charge. But three years later, there is still no Lokpal.

The government has argued that the search committee has not been formed because there has been no leader of Opposition in the Lok Sabha. Last month, the Supreme Court did not appreciate this reasoning while examining a PIL filed by the NGO Common Cause. The bench headed by Chief Justice T.S. Thakur asked Attorney General Mukul Rohatgi: “When you say the government is committed to cleansing corruption, then this (Lokpal) is the step in the right direction. Why should there be a feeling that the government is dragging the feet? For the last two and a half years, there is no leader of Opposition. This position is likely to continue for next two and a half years. Will you allow the law to become redundant, just because there is no leader of Opposition?” The Court heard the matter on December 7 again, and asked Rohatgi to place before it the Parliamentary Standing Committee report recommending that the law to appoint the Lokpal should be amended. The Court is supposed to hear the matter again on December 14 but voting for any amendment to the law in Parliament will probably take time.

Another Lokpal is also likely to take time and may even become a dead letter — the Delhi Jan Lokpal, which Prashant Bhushan and Shanti Bhushan (who had introduced the first Lokpal Bill in 1968) called a “jokepal” because of the dilution of the project they had conceived with Arvind Kejriwal during the Anna Hazare-led movement. This bill was passed by the Delhi assembly in December 2015, but it was returned by the Centre — along with 13 other bills in June.

In the absence of Lokpals, RTI activists remain particularly important among those exposing corruption cases the most effectively. The Right To Information Act, that was passed in 2005, is, despite all its loopholes, one of the major contributions of the UPA government to, as the Act itself says, “promoting transparency and accountability in the working of every public authority”. However, the implementation of the Act has been dogged by two difficulties, which the government can address. First, according to Venkatesh Nayak, the co-convenor of the National Campaign for People’s Right to Information (NCPRI) and coordinator of Access to Justice Programme at the Commonwealth Human Rights Initiative, about 1.8 lakh appeals and complaints were pending before the 29 information commissions across the country in 2014-15. This is either due to lack of response from the public officers to demands for information or unreasonable delays in providing information. This problem can be partially solved by reducing the number of vacancies, which represent 24 per cent of the 149 posts of information commissioners across the country.

Secondly, RTI activists are under immense pressure. In 2011, the Central Information Commission had passed a resolution saying that “if it receive(d) a complaint regarding assault or murder of an information seeker, it will examine the pending RTI applications of the victim and order the concerned department(s) to publish the requested information suo moto on their website as per the provisions of law”. This resolution has not been systematically implemented and the situation has deteriorated even more. According to NCPRI data, till date, 146 RTI activists have been harassed (death threats being the most common form of harassment), 118 have been assaulted (many of them were severely wounded) and more than 50 have died (including four cases of suicide and half a dozen killings possibly unrelated to the cause they were defending). RTI activists are under so much pressure because they deal with serious forms of corruption, including land transactions. To protect them, the Whistleblower Protection Act (WBP Act) was passed in 2014 by the UPA government. It turns out, however, that it needs to be upgraded in several respects. The NCPRI has suggested 14 significant avenues for improvement, including the inclusion of a definition of “victimisation” in the Act and the addition of a clause permitting a whistleblower to publicise allegations of wrongdoing through the media.

The Asia Centre for Human Rights has also made three recommendations — mandatory and immediate registration of FIR on complaints about the use of force or attacks against RTI activists; inquiry by a police officer not below the rank of deputy superintendent of police within three months; trial of the accused within six months if the offence is established by investigation. These changes aiming to protect the lives of the whistleblowers have not been introduced. But amendments were introduced in Parliament in May 2015 to dilute the WBP Act. One of them implied that the Official Secrets Act, 1923 applied to whistleblowers; this means they can be prosecuted for possessing government documents on which their complained were based. The amendments also excluded from the ambit of inquiry any matter of “public interest” affecting the “sovereignty and integrity of India” or matters related to “commercial confidence”.

In August 2015, Modi used an Independence Day speech to make his point: “Corruption had eaten away our country like termites. So if I have stopped so much corruption, there will, of course, be many who will curse me. Only those who looted the nation are not enthused by this government”. While he was using a past tense in his first sentence, Modi’s demonetisation drive shows that corruption remains a problem. The magnitude of the challenge would indeed justify the creation of a proper Lokpal and the protection of the whistleblowers.

Jaffrelot is senior research fellow at CERI-Sciences Po/CNRS, Paris, professor of Indian politics and sociology at King’s India Institute, London; Basim-U-Nissa is a student at the Paris School of International Affairs, Sciences Po

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  1. P
    Prashant
    Dec 13, 2016 at 8:48 am
    Even hi supported TATA nd Birlas for party fund,,just read any gud history buk,,u will understand everything
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      Hemant
      Dec 13, 2016 at 4:54 am
      Demonetisation (Notebandi) is second Indian freedom struggle against corruption, black money and fake currency notes and the present Mahatma hi is our PM Mr. Narendra Damodardas Modi.
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        Onkar Singh
        Dec 13, 2016 at 3:06 am
        The ruling party and it's Ministers are are always the beneficiaries of corruption,next are the business,thereafter it's the bureaucracy.Otherwise how do you explain the writing off the banks' NPAs in the budget by the Finance Minister?Even after budgetary provisions by way of exemptions,there are writers and people like Subramanium Swamies shouting that interest rates for the industrialists should come down? This form of corruption eludes us,because corruption is given a semblance(shall we say) of legalese?If Jayant Sinha could give a statement in Parliament that 2.14 lakh crores of tax arrears from 17 individuals cannot be" collectible",in May,2015,what have we to speak about Modi's govt?Leave aside Lok Pal.What is govt's departments responsible for collecting taxes doing?Can you see the complicity of the Minister in perpetuating corruption?Mind it the present demonetization is turn the attention of the public from Modi's involvement in corruption,by way of having received bribe from two business houses!! And Modi wants to clean corruption.He wants to avoid the public scrutiny on his own involvement in corruption and black money.Never trust a self proclaimed crusader politicians in India.Because later on you will realize he took you for a ride. Thanks.
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          Ashoke
          Dec 13, 2016 at 12:09 pm
          Clever front-bench people of भारतीय जुा पार्टी knew about the impending demonetisation of Mr. Narcissist Mythomaniac. They easily converted their unaccounted money through high density ₹2000 notes.
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            Ashoke
            Dec 13, 2016 at 12:27 pm
            Even now, there are hundreds of 'Manjunaths' seating at the wings, ready to blow whistle on several aspects of demonetisation, provided they are ured safety by SC.
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            1. A
              Ashoke
              Dec 13, 2016 at 12:10 pm
              Recall that high decibel nasal cacophony: "न तो मैं खाऊंगा, न तो मैं किसीको ( मेरे करीब दोस्तों को छोड़के. ) खाने दूंगा, हा. हा हा. "
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              1. D
                dp
                Dec 13, 2016 at 4:29 pm
                simplifying the government system and removal of unnecessary rules and discretionary powers vested in the government officials only can reduce corruption . Even a lokpal will find it difficult to probe every complaint .
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                1. S
                  Sreenivasan
                  Dec 13, 2016 at 10:07 am
                  There was a person who relentlessly chanted the mantra of "Lokpal" when the UPA II was in power. Then there were crowds behind him. Then we came to power and "Lokpal" remained where it was before. Do we remember that saint like person now ? What was his name ? Everybody corrupt man will ride on a horse of anti-corruption drive. Once in power, the horse is forgotten.
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                    gc
                    Dec 13, 2016 at 2:14 pm
                    Article is a typical leftist disconnect from reality, that leads only to compounding of problems India, laws and law agencies are already plenty,they themselves are corrupted. Who will protect the new agency from becoming corrupt?The solution (never given by leftists) is to limit cash transaction amount to Rs 10,000 and holding of cash per person to Rs 30,000 at one point of time, as done in many European countries.That will take care of most of political,bureaucratic and crime related corruption and also almost all the black money held in any kind of et wil become useless.
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                    1. G
                      Gopal
                      Dec 13, 2016 at 3:20 am
                      This column misses the central issue completely. The main problem in eliminating corruption is the failure of our legal system. New laws will do nothing to solve the central issue. Remember Sukh Ram – he was caught with mattresses stuffed with money. Yet, he escaped punishment through docket manition and delay after delay. It took decades to punish Jayalalitha and yet only a few days for her to find a higher court judge to first stay and then overturn the conviction. Since then the supreme court which often hears cases on 15 minutes notice has let that appeal sit for a few years. Lalu Yadav’s cases are sitting in the Supreme Court for years. Similarly cases against many of the DMK leaders sit gathering dust – it will be decades if get a judgement. The primary problem in the fight against corruption is the incompetence and corruption in our legal system.
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                      1. G
                        Gopal
                        Dec 13, 2016 at 6:09 pm
                        A book could be written on this subject. One of the key corrupt practice is "docket manition". It involves the judges and lawyers. It afflicts our court system at every level including the supreme court. If a criminal is in jail, he wants the quickest possible hearing so he can get a stay and then bail. If you have the right lawyers, you can get a hearing even in the supreme court in 15 minutes (not exaggerating). Once you are out on bail then you are interested in preventing any further hearings. So, now you start the delay game. At both times our judges are all too happy too happy to play this game. This has been going on for decades and transcends politics. The current article on Lokpal misses the key issue altogether.
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                        1. H
                          Harsh
                          Dec 13, 2016 at 12:48 pm
                          I do not think people have any interest in wearing another TOPI as they are struggling to meet their day to day need because of presumptive strong Lokpal. Truth apart, whistleblowers some time works as blackmailers also so, it is difficult to have a foolproof corruption free system. In a society where even God listen to those who pay more so, how we can expect human can act impartially. However, by using technology instead of creating another law enforcing agency we can significantly minimize corruption. If we link every transaction with ADHAR CARD, then it is possible that common people's corruption may reduce significantly, but for powerful people no system is foolproof.
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                            Jani
                            Dec 13, 2016 at 3:33 am
                            First of all Modi Hates Lokpal. Anna was a RSS agent who unseated Congress and since then never came out for Dharnas during BJP rule to support his Lokpal agitation. 45 Whistle blowers have been suiously and brutally murdered in BJP ruled Madhya Pradesh. How can Modi fight corrution with his own team most corrupt.
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                              Joseph
                              Dec 13, 2016 at 11:26 am
                              Mr PM Modi. Why no Lokpal still now? Why your party is not coming under RTI ? Why you are secretly amending the prevention of corruption bill in court ? We will judge you by your actions not by your speeches. We know talk is cheap. The people of this country are monitoring everything. Congress is corrupt but BJP also seems to be the same.
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                                Joseph
                                Dec 13, 2016 at 1:59 pm
                                Mr PM. Why Vadra not yet in jail ? You want me to be cashless and you want transperacy in all my dealings. Great idea. Why don"t you make your party funding cashless and allow me to monitor your party funds. World is changed by example not by opinions. Charity should begin at home. We are watching your moves.
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                                1. I
                                  Inamdar
                                  Dec 14, 2016 at 12:05 am
                                  Delhi Govt Ped Lokapal in embly sent for approval to Center,lt;br/gt;Central Govt rejected Lokpal Bill and not approved.
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                                    Inamdar
                                    Dec 13, 2016 at 2:33 pm
                                    Where is Lokpal???lt;br/gt;Where is Anna Hazare??lt;br/gt;What was Anna Hazare aim to remove congress OR to remove Corruption?lt;br/gt;Why current Govt is Not Implementing LOKPAL even after 2.5 Years, even after getting full Majority in Parliment.
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                                      Murthy
                                      Dec 13, 2016 at 12:35 am
                                      If the law says the 'Leader of the Opposition" should agree to the terms of the proposed Lok Paal law and to the appointment of a specific person, would the S.C. OVERLOOK compliance with that provision, if there is a PIL against the appointment of a person as Lok Paal ???
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                                        Murthy
                                        Dec 13, 2016 at 2:41 am
                                        What you call "technical reasons" is in the Rules of Parliamentary Procedure. All Opposition parties need to agree on a single 'Leader of the Opposition' .... Check it out...
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                                          jugnu Singh
                                          Dec 13, 2016 at 7:44 pm
                                          Corruption can only be tackeled if India is developed...some people may say its like a chicken and egg story; in my view, we need to concentrate on educating the nation first...corruption would gradually diminish as more and more people get educated beyond the literacy parameters.
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                                            mumbikar
                                            Dec 13, 2016 at 3:28 am
                                            modi and lokpal ? he runs away as soon as the word is mentioned !!!! all his and his party/friends skeletons will come tumbling out !!!
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