Wednesday, 4 January 2012

Relevance of Lokpal.

Now that the Lokpal bill has been stalled-at least temporarily-and Hazre movement has settled with a whimper it is time that the issue of the relevance of lokpal/lokayukta be examined carefully.Team Hazare wants a lokpal to control all the public servants whereas the govt wants even the NGOs & Corporates under the lokpal.These and other niceties like separation of investigation and prosecution,appointment to lokpal etc. notwithstanding the fundamental question is what purpose would this new institution serve and is it necessary at all.

The avowed object of lokpal is to fight corruption.By all means a very laudable objective ,but have we assessed the efficacy of the existing laws.There is already in place a Prevention of Corruption Act under which cases can be registered at any police station and which empowers every police officer of Dy.S.P. rank to investigate cases of graft.The respective governments can empower even Inspectors and SIs to investigate such cases.Will our great champions of honesty and integrity in public life tell us as to how many cases were reported by them to the police in the last--to demand the least--one year?The apparent answer is almost none.Various reasons will be given for this but to a discerning person it becomes obvious that the law and the system has not been tested at all and a new system is sought to be created without a valid basis.

Another reason for the creation of lokpal given by its supporters is that it would expedite successful prosecution in the courts.There again exists no valid basis for this.The investigatos,the prosecutors,the law and the courts will remain the same.How will the end result change then?Some may be tempted to cite the Karnataka case and removal of ministers in UP.We must remember that these actions are the result of intense public pressure.Minisres have been removed in Rajsthan also,without a lokayukta!Further,the conviction is yet to come.

A very important fact that has been neglected in the hysreria created in the name of anti-corruption crusade is the size i.e. the establishment of the lokpal.As advocated by its proponents it has to cover all public servants.Admittedly then,it will be sufficiently large and involve reasonable burden on the exchequer.And who will be appointed to these posts --mostly retired or serving Judges,civil servants,police officers,advocates,social activists(!).Thus the lokpal will be a sinecure to many a high and resourceful than being an agency for protection of the ordinary citizen.

And yet,inspite of everything the lokpal cannot match the size and reach of civil police and other anti-graft agencies such as vigilance and anti-corruption created by the state players.The effort of civil society should be to remove the bottlenecks and hinderances in the working of these agencies which objective can be achieved by constant pressure on the state.This would make the fight against corruption really meaningful.The lokpal will have a narrow reach,and if it is made as independent as is demanded it will not only become draconian but will be against the principle of checks and balances so essential to freedom and democracy.Who will check the corruption of the lokpal and its establishment?Another agency and more burden on the poor tax-payer!more sinecures!Clearly what is required is not a lokpal but review of laws,rules and procedures and a movement to create right awareness and right attitudes amonst the people.

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