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Saturday, August 27, 2011

There is Something Rotten in the State of our Democracy…

"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty or democracy?"
Mahatma Gandhi

The people’s version of the Lokpal bill was finally debated and accepted by our parliament today. The Lokpal bill has been brought forward and quashed eight times before over the years; and the recent version that this Congress government tried to hurriedly pass had about as much teeth as a newborn baby. While many consider this a great victory for the people, India stands deeply divided on the bill.

Those who argue against Anna Hazare and his movement say that he has used Mahatma Gandhi’s fasting as a tool for blackmail, by effectively holding a gun to our heads and that of our democratically elected government. That his motives are right but his method is wrong; and this is not the way we should tackle this very grave and serious issue. There are others who question Anna’s motives, and say he has a dubious background. They say he has ties to the RSS (the fundamental Hindu wing of the Bharatiya Janata Party). They also say that Anna himself is a corrupt megalomaniac, who believes in his way or the highway. They have posted videos on YouTube showing people talking about Anna’s lies and his shady past. Others argue that the Lokpal bill is worthless because it does nothing to tackle private sector corruption, which has become an even bigger issue in this past decade of liberalisation. Many say that the creation of an extra-parliamentary body, like the Lokpal, is not the answer because it will simply add another layer to the already untenable bureaucracy, and feed the very monster it is trying to kill - by becoming more powerful, further above the law and more corrupt than the establishments that exist today. Perhaps all these people are correct in their accusations, fears and in every argument they make. Maybe there is a better way to do this within the confines of a democratic process. Maybe.

Then there is the other half that supports Anna, his fast and the Lokpal bill. These people feel that they have been shouting and screaming for sixty-four years. They have bribed every official, at every step of the process, and still not gotten their work done. They have voted election after election only to see the number of politicians with criminal records rise each time. One hundred fifty-three of the 543 politicians elected in 2009 had criminal cases pending, including 9 ministers. (source: Telegraph) They see the same old faces and empty promises of fighting corruption no matter which party is in power. On the one hand they feel a great sense of hope when Rahul Gandhi takes the podium and urges more youth to join politics, as a way to rid us of corruption. While on the other hand Sonia Gandhi stands silent even as scam after scam, carried out by her most trusted and senior party members, is uncovered right under her nose. We are told the CBI will investigate; some Ministers are removed from their posts (not one of them has stopped smiling, yet). We all know that the Congress believes this will placate the masses and soon, once the current anger dissipates, it will be back to corruption as usual. It is now an open secret that Praful Patel sold Air-India, our national carrier, to the highest bidder so the Congress and their cronies could fill their coffers with a little more of India’s money that they continue to loot and pillage. We all know this but nobody really cares enough to do anything more than talk about it over dinner, shrug and nod our heads. This is exactly what the Congress was counting on us billion plus Indians to do, yet again.

We are told the Judiciary and Prime Minister should not fall under the ambit of the Lokpal bill because this will make it overreaching and start to erode the fundamentals of our democracy. I was a firm believer in the Indian Justice System until I experienced every corner of our court system, first hand. From the criminal to the civil, all the way up to the high court and I can tell you that not ONE thing happens without paying someone a bribe. You can stand on principle and refuse, in which case you will not even be able to file your paperwork. I realized that the justice system that I was so proud of simply boils down to a race to see who has the deepest pockets and can go the greatest distance in sustaining the bribery to bring their case to conclusion. The courts have a tremendous incentive and the means to drag cases on for years. Of course if you have really deep pockets then you can save everyone the time and trouble by buying the outcome you desire before you ever file a single piece of paper. I have never felt more helpless or powerless in my life.

The Lokpal also wants to merge all the current corruption investigating agencies and bring them under the purview of the Lokpal. This includes the CBI’s anti-corruption wing (Central Bureau of Investigation), which is considered India’s Interpol and premier investigative agency. The CBI is a government agency, its head is appointed by the government and it is controlled by and reports directly to the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension, usually headed by a Union Minister who reports directly to the Prime Minister (source: Wikipedia). The Central Vigilance Commission (CVC) would also be brought under the purview of the Lokpal. The CVC is an autonomous body that does not report to any executive authority. However, it is not an investigating agency and can only present reports and recommendations to the government; unless approved by the government no further action or investigation can be pursued by anybody. In the event an investigation is sanctioned by the government, then only the CBI is authorised to pursue it. The CVC has been publishing a list of corrupt government officials since its inception in 1964; do you recall how many have been convicted? Over the last decade the CBI has come to be known as the Congress Bureau of Investigation.

Today, as Indian citizens we cannot even renew our passports without bribing someone or having a connection in the bureaucracy, really high up. We can pass our driving tests but will not be issued a license unless we are willing to grease a palm. In fact, we have to bribe someone for virtually every basic right we have as citizens of the world’s largest democracy; for our water, electricity, to pass through toll booths on highways, to get a telephone line and even to park our car in a free public parking lot. How many times have we been assaulted or wronged by someone and told that it is better to let it go because the police are only going to create more problems than it is worth? Or that we will end up spending more money than we were swindled out of if we are to involve the local police…the police! A leading, well-respected surgeon in Bombay stopped the father of a friend of mine from being wheeled into the operating room until he was satisfied with the amount he would be paid in “cash” (or black money) for the life-saving operation he was about to perform.

Is this what we cherish, want to protect, and fear that Anna’s version of Lokpal will start to erode?

A democracy is only as strong as the credibility of the institutions that govern it. This credibility comes from the transparency and legitimacy of the public servants elected to administer and deliver it. And it is only as valuable as the basic rights and freedoms we enjoy, the sense of patriotism we feel and the sacrifices we are all willing to make to protect these freedoms. The word democracy comes from the Greek work dēmokratía or "rule of the people". Today, in India, the people no longer rule. Anna Hazare’s cry brought us together and united people from all walks of life behind a common cause and a shared goal for the first time since Independence. Perhaps the Lokpal is the jolt we needed, that first little step in the long and tenuous process of creating a democracy we can all be proud of. It is now up to each one of us to ensure that the Lokpal does not become our worst fear, but forms the fundamental pillar of the democracy that I know we all believe in but some of us gave up on ever achieving.