Monday, August 22, 2011

Jan Lokpal Bill



The Jan Lokpal Bill (Hindi: जन लोकपाल विधेयक), also referred to as the citizens' ombudsman bill, is a proposed anti-corruption law in India. It was proposed by anti-corruption social activists as a more effective improvement to the original Lokpal bill, which is currently being proposed by the the Government of India. The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, non-governmental public consultation.The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers. If made into into law, the bill would create an independent ombudsman body similar to the Election Commission of India called the Lokpal (Sanskrit: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval. First introduced in 1968, the bill has failed to become law for over four decades.
In 2011, Gandhian rights activist Anna Hazare started a Satyagraha movement by commencing a fast unto death in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and thousands of supporters. Following Hazare's four day hunger strike, Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament.
Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging the two versions but failed. The Indian government went on to propose its own version in the parliament, which the activists reject on the grounds of not being sufficiently effective.


Some important features of the proposed bill are:


-To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.


-As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.


-Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.


-A selection committee will invite shortlisted candidates for interviews, videorecordings of which will thereafter be made public.


-Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.


-Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.


-Losses caused to the government by a corrupt individual will be recovered at the time of conviction.


-Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.


-Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.
The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician.


-Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

About Anna Hazare

Kisan Baburao Hazare, popularly known as Anna Hazare (b. June 15, 1938), is an Indian social activist who is especially recognized for his contribution to the development of Ralegan Siddhi, a village in Ahmednagar district, Maharashtra, India and his efforts for establishing it as a model village, for which he was awarded the Padma Bhushan by Govt. of India, in 1992. He is on a hunger strike for fighting corruption in public officesSocial Life Anna rightly thought that Development is marred by corruption and started a new venture in 1991 called Bhrashtachar Virodhi Jan Aandolan (BVJA) or public movement against corruption. It was found that some 42 forest officers had duped the state government for crores of rupees through corruption in confederacy. Hazare submitted the evidences to the government but the latter was reluctant to take action against all these officers as one of the ministers of the ruling party was involved in the scam. A distressed Hazare returned the Padmashree Award to the President of India and also returned the Vriksha Mitra Award given by then prime minister of India Rajiv Gandhi.He further went on an indefinite hunger strike in Alandi on the same issue. Finally, the government woke up from deep slumber and took action against the culprits. Hazare’s sustained campaign on this issue had a great effect - six of the ministers were forced to resign and more than 400 officers from different government offices were sent back to home.Hazare realized that it was not enough to merely take action against fraudulent ministers or officers but to change the entire system that was studded with loopholes. Hence, he campaigned for the Right to Information Act. The state government turned a blind eye towards the pleas in this regard and so he first agitated in the historical Azad Maidan in Mumbai in the year 1997. To create mass public awareness about RTI amongst the youth, Hazare traveled extensively throughout the state. The government kept promising that RTI Act would be made but never raised this issue in the house or the state assembly. Hazare did not relent ?he agitated at least ten times. . Finally, again he went on an indefinite hunger strike at Azad Maidan in the last week of July 2003. At last, the President of India signed the draft of the Right to Information Act after his 12-day-long hunger strike and ordered the state government to implement it with effect from 2002. The same draft was considered as the base document for the making of the National Right to Information Act-2005.After the implementation of the RTI Act-2005, Hazare travelled for more than 12,000 Kms across the state creating awareness about the Act. In the second phase, he interacted with more than one lakh college students and also conducted mass public meetings across 24 districts of the state. The third phase included daily 2-3 public meetings in more than 155 tehsil places. In this massive campaign, posters, banners were displayed and more than one lakh booklets of the provisions of the Act were distributed at a nominal price.This created enough of awareness and people were educated on the issue of rights of citizens.Hazare deservedly won the coveted Padmashree and then Padmabhushan. Care International of the USA, Transparency International, Seoul (South Korea) also felicitated him. Apart from this, he received awards worth Rs 25 lakh and donated the entire amount for the Swami Vivekananda Kritadnyata Nidhi (social gratitude fund). Out of the two lakh rupees received from the above amount, mass marriages are carried of at least 25-30 poor couples every year.That Hazare has given his life for social betterment is reflected thus: ``I do have my home in the village but I have not entered it for the past 35 years. I have implemented schemes costing more than several crores of rupees but I do not have bank balance. Last 12 years I have been working in the field of eradication of corruption. This movement is run entirely by public support without and grants or sponsorships. I appeal for money wherever I go for a public meeting and urge them to contribute generously. The same money I use to carry out my campaigns. The money collected at such public meetings is counted in front of the villagers and my volunteers issue a receipt of the same on the spot.’’He further states that, ``The movement that we started many years back without a penny in wallet, has spread its wings in all the 33 districts and 252 tehsils of the state. Hence we have been instrumental in offering rights to local bodies like Gramsabha, preventing red-tapism and initiating the law of transfers. This has prevented corruption on a large scale. This has also resulted in offering social justice to the economically backward class. The Union Government keeps on making various schemes for poor people in availing kerosene, LPG and pulses on ration card but the middlemen keep on gulping the subsidies of the same. Our efforts made these necessities available to the poor.’’The state government promoted opening of cooperative societies, credit societies & urban banks. Believing in the principles of cooperative sector, the utmost lower class of the society invested their savings with such cooperative societies. However, the directors of such societies devoured the money and failed to pay back the basic amount to the members of the societies. This created havoc and people were duped for crores of rupees and did not have money for the marriages of their daughters or for medical treatment. Hazare agitated for over eight months. The result was that more than Rs 125 crore was recovered from defaulters and the members of such societies heaved a sigh of relief. Recovery of around Rs. 400 crores is in the pipeline.In the future, the BVJA will work for the decentralisation of power and laws related to the same. Says Hazare, ``we have decided to develop centers to create awareness amongst people about govt. schemes and train activists to know the modus operandi of corruption in each sector. As the state government has decided to set up committees at almost every nodal point like state, district, tehsil, and village level with one member on such committee represented by our organisation. We have trained more than 400 volunteers to work on such committees.’’Actually the government should train the members of NGOs who can work in the sector of prevention of corruption. Then and then only we can dream of corruption-free state, concludes Hazare.Making of Ralegan Siddhi into a model villageRalegan Siddhi was in a bad social and economic situation due to irresponsible village leadership before 1975. Kisan Baburao Hazare decided to dedicate himself to working for the welfare of others and returned to work for the betterment of his own village, starting with the re-building of the temple.Anna Hazare believes that religion has a strong influence on people. He says: “God is everywhere, but a child is first introduced to him in the temple. It is here that he receives education on the important values and morals of life. In a broader sense, the village itself is a temple where people serve and pray and learn the meaning of life.”The dilapidated condition of the temple in Ralegan Siddhi, from where wood had been used to fuel the liquor dens, symbolized to Anna the condition of the village . Since the temple represents the cultural heart of a community, Anna felt that renovation of the temple would be the best way to demonstrate his unselfish motives and created an interest in his activities. With his provident fund of Rs.20, 000+/-, Anna began the Renovation. Inspired by his selfless devotion, first the youth, then the rest of villagers slowly began to rally around him. Villagers, especially the youth group began gathering here everyday to discuss their problems and matters related to the welfare of village.Arrest Anna Hazare was arrested in 1998 when a defamation suit was filed against him by then Maharashtra Social Welfare minister Babanrao Golap. He was released following public uproar.Lokpal Bill movementIn 2011, Anna Hazare led a movement for passing a stronger anti-corruption Lokpal (ombudsman) bill in the Indian Parliament. As a part of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India, Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement drafted an alternate bill, named as the Jan Lokpal Bill (Poeple's Ombudsman Bill) with more stringent provisions and wider power to the Lokpal (Ombudsman). Hazare decided to start a fast upto death from 5 April 2011 at Jantar Mantar in Delhi, to press for the demand to form a joint committee of the representatives of the Government and the civil society to draft a new bill with more stronger penal actions and more independence to the Lokpal and Lokayuktas (Ombudsmen in the states), after his demand was rejected by the Prime Minister of IndiaAwards
Padmashree award by government of India in the year 1990
Indira Priyadarshini Vrikshamitra award, by government of India on November 19, 1986 from the hands of Prime Minister of India Rajiv Gandhi.
Krishi Bhushana award by Maharashtra government in 1989.
Felicitation by Ahmednagar Municipal Corporation 15 January 1987
Felicitation by Pune Municipal Corporation.
On April 15, 2008, Kisan Baburao Hazare received the World Bank's 2008 Jit Gill Memorial Award for Outstanding Public Service: "Hazare created a thriving model village in Ralegan Siddhi, in the impoverished Ahmednagar region of Maharashtra state, and championed the right to information and the fight against corruption."