Anna's struggle against corruption and the detractors

Recently, we have seen a big uprise in the number of people voicing their opinion on corruption. This is certainly a very good trend. It makes us feel that we are changing and changing in the right direction. The younger mass is actively participating in the struggle of fight against corruption, they are more aware, less selfish and have more "national character". Today I read a ridiculous piece of article on Times of India that tries to meekly make a case on why Anna should fail. I did not quite understand what the author wanted to say other than making a personal dig against Anna. He was trying very hard to say Anna is imitating Gandhi and imitators are loosers. But he did not say anywhere why imitating Gandhi is such a bad idea when the nation is reeling against corruption.
Lets analyze on what Anna wants to say in his Lokpal:

After reading the article written  below, please state whether we need proper agitation against corruption or not. That same TOI article also stated that - why common people are so much after corruption, they are the root cause of all corruption. Do I agree - yes I do. But there are 2 types of characters every one of us has: 1) personal character 2) national character. Personal character is concerned with our day to day living well being etc. and national character is the big  picture, that is our love and affection for our own motherlad and its well being. I think it is unfortunate to compare personal and national character of people. So, it is extremely unfortunate that TOI publishes such article...
Source: http://aidindia.org/main/content/view/1385/467/

Salient features of Jan Lokpal Bill
1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won’t the government appoint corrupt and weak people as Lokpal members? That won’t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.
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To, Dr. Manmohan Singh, Prime Minister of India Mrs. Pratibha Patil, President of India Mrs. Sonia Gandhi, Chairperson of the United Progressive Alliance Dear Manmohanji, Pratibhaji and Soniaji, I am writing to inform you that on April 5th 2011, I will fast in solidarity with fast unto death satyagraha of veteran social activist and Gandhian Anna Hazare demanding passage of the 'Jan Lokpal bill'. I fully endorse the Jan Lokpal Bill, an empowering anti-corruption bill drafted by leading civil society activists and oppose the government's attempt to pass a watered down version of the same.

Government's versions of Lokpal Bill have been introduced eight times in Parliament since 1968, all of which lacked teeth to fight corruption and even the weakest version of this bill has not been passed so far because the bill seeks to investigate politicians. The latest draft of Lokpal Bill prepared by the Government rather than strengthening the existing weak anti-corruption systems, seeks to completely insulate politicians from any kind of action initiated against them.

The people's version of this bill, Jan Lokpal Bill, gives more power to fight corruption effectively. Salient features of this bill include central and state level independent bodies Lokpal and Lokayukta respectively, having power to:

1. Complete any investigation and trial within two years so the corrupt can be brought to justice immediately
2. Order dismissal of a corrupt officer,
3. Investigate and prosecute any judge,
4. Enquire into and hear every complaint and prosecution against any officer or politician without needing any sort of permission. Politicians will not be involved in the selections of chairperson and members of Lokpal & Lokayukta, which will be done through a transparent and public participatory process. This bill ensures that public grievances get resolved in a time bound manner and loss caused to the tax payer due to corruption will be recovered from the convicts. Also, the convicted may be sentenced a minimum 5 years and a maximum of life imprisonment.

I have decided to join hands with millions of my compatriots in this crucial fight against corruption and demand that the Government immediately pass Jan Lokpal bill.

Sincerely,

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S. No.	Government's proposal (Lokpal Bill)	Civil Society's Proposal (Jan Lokpal Bill)
1.	Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from general public. The general public will make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha. Only those complaints forwarded by Speaker of Lok Sabha/ Chairperson of Rajya Sabha to Lokpal would be investigated by Lokpal. This not only severely restricts the functioning of Lokpal, it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party). It will also provide a tool in the hands of the ruling party to protect its own politicians.	Lokpal will have powers to initiate investigations suo moto in any case and also to directly entertain complaints from the public. It will not need reference or permission from anyone to initiate investigation into any case.
2.	Lokpal has been proposed to be an advisory body. Lokpal, after enquiry in any case, will forward its report to the competent authority. The competent authority will have final powers to decide whether to take action on Lokpal’s report or not. In the case of cabinet ministers, the competent authority is Prime Minister. In the case of PM and MPs the competent authority is Lok Sabha or Rajya Sabha, as the case may be. In the coalition era when the government of the day depends upon the support of its political partners, it will be impossible for the PM to act against any of his cabinet ministers on the basis of Lokpal’s report. For instance, if there were such a Lokpal today and if Lokpal made a recommendation to the PM to prosecute A. Raja, obviously the PM will not have the political courage to initiate prosecution against A. Raja. Likewise, if Lokpal made a report against the PM or any MP of the ruling party, will the house ever pass a resolution to prosecute the PM or the ruling party MP? Obviously, they will never do that.	Lokpal is not an advisory body. It will have the powers to initiate prosecution against any one >after completion of investigations in any case. It will also have powers to order disciplinary proceedings against any government servant.
3.	The bill is legally unsound. Lokpal has not< been given police powers. Therefore Lokpal cannot register an FIR. Therefore all the enquiries conducted by Lokpal will tantamount to “preliminary enquiries”. Even if the report of Lokpal is accepted, who will file the chargesheet in the court? Who will initiate prosecution? Who will appoint the prosecution lawyer? The entire bill is silent on that.	Lokpal would have police powers. It will be able to register FIR, proceed with criminal investigations and launch prosecution.
4.	The bill does not say what will be the role of CBI after this bill. Can CBI and Lokpal investigate the same case or CBI will lose its powers to investigate politicians? If the latter is true, then this bill is meant to completely insulate politicians from any investigations whatsoever which are possible today through CBI.	That part of CBI, which deals with cases of corruption, will be merged into Lokpal so that there is just one effective and independent body to take action against corruption.
5.	There is a strong punishment for “frivolous” complaints. If any complaint is found to be false and frivolous, Lokpal will have the power to send the complainant to jail through summary trial but if the complaint were found to be true, the Lokpal will not have the power to send the corrupt politicians to jail! So the bill appears to be meant to browbeat, threaten and discourage those fighting against corruption.	Deterrence has been provided against frivolous complaints in the form of financial penalties against the complainant, however, Lokayukta is empowered to prosecute the corrupt and take disciplinary action against them.
6.	Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers. The officers and politicians do not indulge in corruption separately. In any case of corruption, there is always an involvement of both of them. So according to government’s proposal, every case would need to be investigated by both CVC and Lokpal. So now, in each case, CVC will look into the role of bureaucrats while Lokpal will look into the role of politicians. Obviously the case records will be with one agency and the way government functions it will not share its records with the other agency. It is also possible that in the same case the two agencies arrive at completely opposite conclusions. Therefore it appears to be a sure way of killing any case.	Lokpal will have jurisdiction over politicians, officials and judges. CVC and the entire vigilance machinery of government will be merged into Lokpal.
7.	Lokpal will consist of three members, all of them being retired judges. There is no reason why the choice should be restricted to judiciary. By creating so many post retirement posts for judges, the government will make the retiring judges vulnerable to government influences just before retirement as is already happening in the case of retiring bureaucrats. The retiring judges, in the hope of getting post retirement employment would do the bidding of the government in their last few years.	Lokpal would have ten members and one Chairperson. Out of them four need to have legal background (they need not be judges). Others could be from any background.
8.	The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Also selection committee is heavily loaded in favor of the ruling party. Effectively ruling party will make the final selections. And obviously ruling party will never appoint strong and effective Lokpal.	Selection committee consists of members from judicial background, Chief Election Commissioner, Comptroller and Auditor General of India and international awardees (like Nobel prize winners and Magsaysay awardees of Indian origin). A detailed transparent and participatory selection process has been prescribed.g
9.	Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence. This means that corruption in defence deals will be out of any scrutiny whatsoever. It will become impossible to investigate into any Bofors in future.	There is no such bar on Lokpal’s powers.
10.	Whereas a time limit of six months to one year has been prescribed for Lokpal to enquire, however, subsequently, there is no time limit prescribed for completion of trial.	Investigations should be completed within one year. Trial should get over within the next one year.
11.	It does not deal with corruption of Bureaucrats. Corrupt bureaucrats continue in their job without any actions against them.	Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job.
12.	It does not talk of investigation of complaints against judges	Lokpal will have powers to initiate investigations on complaints of corruption against judges.
13.	Speaker would decide which complaints shall be enquired into by Lokpal.	Lokpal will not be able to dismiss any complaint from public without hearing the complainant.
14.	Our entire governance system suffers from inadequate public grievance redressal systems, which force people to pay bribes. Lokpal bill does not address this issue.	Lokpal will have the powers to orders redressal in a time bound manner. It will have powers to impose financial penalties on guilty officers, which would be paid to complainant as compensation.
15.	Large number of people raising their voice against political corruption are being murdered. Lokpal does not have any powers to provide protection to them.	Lokpal will have powers to provide protection against physical and professional victimization of whistleblowers.
16.	Nothing has been provided in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.	Loss caused to the government due to corruption will be recovered from all accused.
17.	Under the present law, there is Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.	Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

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