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Showing posts with label Jan Lokpal Bill. Show all posts
Showing posts with label Jan Lokpal Bill. Show all posts

Sunday, September 11, 2011

Why has Annaji’s roar silenced Mrs Smita Pednekar’s voice?

The Jan Lokpal Bill debate has marginalized the voices of public servants like municipal employees and bus drivers. Why? Don’t they deserve a say in framing a law that will affect their daily lives?

Fellow Members of Civil Society,

Come, let us put aside our virtuous outrage for a moment, and step into the shoes of one of those ordinary men and women running our public transport, water supply and other civic services. For instance, let us see life through the eyes of Mrs Smita Pratap Pednekar.

Mrs Pednekar sells tickets at a railway counter; you and your family members may have bought a ticket from her. She lives in the Railway Employees’ Colony at Dahisar, a distant suburb of Mumbai. She and her husband Pratap work for Indian Railways.

Every day after work, Mrs Pednekar commutes by train, buys vegetables and fish and gets home to her children and elderly mother-in-law. Then she cooks dinner before her husband returns home.

Mrs Pednekar does not get envelopes of cash under the table. Her conscience is clear, but she is afraid. What she fears most is office politics. She is worried about the prospect of being posted at a distant office. Both she and her husband have insecurities about loss of seniority, loss of increments etc, as some of their corrupt colleagues enjoy undue influence.

Mrs Pednekar avoids taking sides in any controversy. She pretends not to know anything. But in January, her husband was required to give evidence against a colleague at a departmental enquiry. Since then, some people at her office have been giving her dirty looks and stopped sharing their lunch with her. She is constantly afraid that they are looking for opportunities to victimize her.

With the whole of India shouting patriotic slogans like ‘Inquilab Zindabad’ in one voice, Mrs Smita Pednekar has lost her voice.

Nowadays, silence dominates the Pednekar household. There is none of the usual light conversation when the family sits down on the floor with stainless-steel thalis, and Mrs Pednekar serves fish curry and rice. She tells the children to eat in silence. She scolds her mother-in-law for switching on TV news channels, and makes her switch off the television.

Mrs Pednekar used to discuss current topics and politics within the family, but now she keeps her thoughts to herself. She changes the topic when the children ask why Anna Hazare fasted at Ramlila Maidan, and what is the Jan Lokpal Bill all about. One day, they came home from school wearing Gandhi topis painted with the words, ‘I am Anna Hazare’. She has had a sinking feeling in her stomach since that day.

On Raksha Bandhan, Mrs Pednekar visited her brother’s house on the 20th floor of Oberoi Woods, Goregaon. Her brother and sister-in-law are rich; they have private sector jobs. While they were having lunch together, a news channels was loudly discussing Anna Hazare’s insistence on including the junior staff of government under the Jan Lokpal Bill. This triggered a conversation about how the whole nation was up in arms against junior staff and their corruption. Her husband Pratap took a stand against the Jan Lokpal Bill, and loudly argued with her brother and sister-in-law, and everybody else who was working in the private sector. Alarmed by the rising voices, Smita gently pinched her husband, called him inside and pleaded with him. “What will people think? They will say that you are supporting corruption! We are government employees; remember that and keep quiet!” she whispered. The couple made some excuses and hurriedly left as the others loudly continued the discussion in their absence.

Mrs Pednekar is in awe of Anna Hazare and Arvind Kejriwal, and other great people fasting in all over the country and debating corruption on television. Surely they know all about corruption, otherwise why would they be talking so loudly, she reasons. She thinks that a “strong Lokpal Bill” is generally a good thing if it makes the country cleaner and less corrupt. But the point of the Bill should not be to threaten people like her with enquiries, penalties and imprisonment, she feels.

She feels greatly confused by Annaji’s demand for such harsh provisions against her; the fact that a good man like him says that he will go on indefinite fast for this demand makes her very uncomfortable. Is Annaji with me or against me, she wonders. “Annaji is a good and simple man. So why is he fasting for punishing good and simple people like me and my husband?” she wonders.

Mrs Pednekar’s experiences have given her reason to fear legal processes. She believes that proceedings generally go against those who are less able to defend themselves, rather than those who are truly guilty. So she fears that Jan Lokpal Bill will punish people like herself, who are voiceless. She is afraid that more resourceful colleagues will connive together to use such a law to target her and her husband.

But she is in no position to say all this, because she and her husband are government servants, and therefore excluded from “civil society”. Everybody is listening only to civil society nowadays; they think government servants are all corrupt, and therefore their views don’t count.

Respected Annaji & Arvind, the deafening roar of “civil society” has isolated and silenced Mrs Smita Pednekar’s voice. Will you please give her back her voice? Will you please hold consultations at Railway Employees Colony and other colonies where government employees live? Will you go to various employees associations?

Will you go there and explain to them why there is a need for a Jan Lokpal Bill that punishes Group B, C And D employees? And will you please hear and understand what such employees have to say in this matter?

Warm Regards,

Krish

98215 88114

Thursday, September 1, 2011

Pictorial Analysis of Govt Lokpal & Jan Lokpal

How do the two Bills before the Standing Committee -- Govt Lokpal & Jan Lokpal -- propose to eradicate corruption from the country? Each proposes a very different mechanism. How is one superior to the other?
1) To form a visual idea of key differences between the Govt Lokpal and Jan Lokpal structure and workflow, see this flow-chart: http://tinyurl.com/Flowchart-JanLokpal-GovtLokpal

2) To understand merits and demerits of each system, see this comparison of the various sections of the two Lokpal Bills that are currently before the Rajya Sabha Standing Committee: http://tinyurl.com/Jan-Lokpal-versus-Govt-Lokpal

PLEASE BEAR IN MIND, THERE IS NO SUCH THING AS A FREE LUNCH. Jan Lokpal Bill specifies that the Lokpal’s budget may be one-fourth percent of the revenues of Govt of India, and will be directly charged to Consolidated Fund of India.
How much is one-fourth percent of the Union Govt’s Revenues? Let us calculate: Union Budget 2010-11 says that total receipts in Consolidated Fund (revenue plus capital receipts) are Rs 46,62,263 crore. One-fourth percent of that amount is Rs. 11,656 crore.

Just to give you an idea of how much money this is: This amount is more than 10% of Indian Railways gross earnings for the year. So, the ticket fare of one-in-ten passengers (and also the freight earning of one-in-ten goods trains may go directly to running the Lokpal establishment!

That is not necessarily a bad thing. But this enormous figure only confirms that this is an important issue, involving your money and mine. Please spend 10 minutes studying this and form your own opinion based on documents -- and not based on what everybody else is saying.

Carefully read the observations in the right-hand column of the table. If you disagree, look at the sections of both Lokpal Bills in the same row of the table to the left of the observations.

Remember, eternal vigilance is the price that we all have to pay for liberty. Don’t let other people do your thinking for you.

Warm Regards,
Krish
98215 88114
----------------------------------------------------

Dear Friends,

In the attached Lokpal Flow Charts:

  • RED ARROWS SHOW INPUTS AND OUTPUTS. Both the charts show inputs i.e. Citizens’ Complaints as red arrows. They also show the outputs i.e. action taken against corrupt public servants as red arrows. The only aim of our “inputs” is to get “outputs”. We write complaints only because we want action against Corrupt officials.

  • BLUE ARROWS SHOW INTERNAL PROCESSES OF LOKPAL AND COURTS. Once the complaint goes to Jan Lokpal, a chain of events happens inside the mechanism of Lokpal. Directions are given to Investigation Wing, Investigation Wing presents preliminary evidence to Lokpal bench, Lokpal Bench directs the Prosecution Wing to file chargesheet against the accused, etc. Some events happen between Lokpal and external agencies such as Police e.g. Police is directed to search and seize documents.

  • THE ARROWS ARE NUMBERED TO SHOW SEQUENCE OF EVENTS. The citizens’ complaint is event no. 1 – the trigger. The final events are directions given by Lokpal for Departmental Action against the public servant, or the Special Court’s judgment against public servant. This may be shown as event no. 5.

Friends, the attached flow-charts are only indicative. They are not exhaustive, and therefore, they do not enable us to compare ALL the salient features of the two systems.

For detailed study of the pros and cons of both systems, read: http://tinyurl.com/Jan-Lokpal-versus-Govt-Lokpal

The main points of comparison and remarks are in the right-hand column of the table. If you disagree with the remarks, please read the sections of each Bill on the left, and draw your own conclusions.

This is a crucial issue of the times we are living in. It is important to form a reasoned opinion, based on facts and scientific thinking. Don’t be led by the hype. Don’t let other people do your thinking for you.

Warm Regards,

Krishnaraj Rao

Mumbai

98215 88114

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Sunday, April 17, 2011

Maharashtra, Celebrate! This recent Anti-Corrupt GR gives RTI activists huge powers

Friends,

My fellow activists often ask in despair, “After RTI, what? Even if you get documents to expose a corrupt official, what can you do with this information? Who will entertain your complaint?” This is a key question. A Right to Information application will at best reveal the documents that show that a corrupt officer or employee is unduly favouring someone, breaking rules, deliberately delaying matters etc. But what will you do with those papers? Who will take action on a complaint from an RTI activist?

True, one can try for departmental enquiry and disciplinary action, but everybody knows what an uphill task that is. We all have experienced the obstacles that the administration puts in our path – even if we have clear black-and-white evidence.

And so the one and only solution is the Jan-Lokpal Bill, right? And until this comes along, we just have to wait and watch, right?

Wrong!

There is now a mechanism available to people all over Maharashtra. If we use it, it will put the fear of God into hundreds of corrupt government servants, both big and small. Read about the detailed mechanism brought into existence by this Government Resolution (GR), which was passed on 4th February 2011.

· Download Marathi GR from here: http://tinyurl.com/Maha-Anti-Corrupt-GR

Or from here: http://tinyurl.com/Maha-Corrupt-Eradication-Act

· Download the English Translation: http://tinyurl.com/Maha-Anti-Corrupt-GR-English

[The yellow highlighted parts in this file are notes from me to you. Otherwise, this file contains a nearly exact translation.]

Whom should we thank for this excellent and progressive piece of rule-making. I don’t know for sure, but my guess is, Prithviraj Chavan and Anna Hazare. So, three cheers for Prithviraj Chavan and Anna Hazare: Hip-hip-hurray! Jai Maharashtra! Jai Hind!

Look at this GR’s marvelous features:

1) Can punish the smallest government servant to the most powerful IAS officer & top-cop. This GR makes no exceptions for anybody. Corruption, undue delays and dereliction of duty will be punished, no matter who commits it. It confers sweeping powers on the common man, who can submit written complaints as well as oral submissions before the Corruption Eradication Committees.

2) Creates multi-layered anti-corruption structure geographically & administratively spread throughout Maharashtra. This GR mandates the establishment of Committees and Vigilance Squads for Eradication of corruption at Divisional, District and Taluka levels. It sets up a multi-layered Corruption Control-cum-Grievance Redressal mechanism that is geographically dispersed in rural and urban Maharashtra, and spread over different levels of the State administration -- from the Taluka level up to Mantralaya.

3) Consolidation of many anti-corruption & anti-delay GRs. This GR consolidates ten anti-corruption and delay prevention government circulars (GRs) issued between 1996 and 2009. Those 10 old GRs are now cancelled, having been given effect in this one single GR.

4) Accessible & friendly for common man. It establishes a mechanism for accepting written complaints and hearing oral submissions at places that are reasonably close to accessible for the common man i.e. Taluka headquarters, District headquarters and Divisional headquarters. Also, it is supposed to hear not only allegations of corruption, but also those concerning undue delay, irregularities, favouritism etc.

5) Not top-heavy; Spreads the onus for action evenly throughout the administration. It spreads out authority on several ex-officio heads of department such as Deputy Registrar of Cooperative Societies, Superintendent of Police Anti-Corruption Bureau and Chief Engineer PWD. These people bring domain knowledge of the specific field concerning the complaint. They understand the ground realities, and, unlike judges sitting in High Courts, Vigilance Commissions or Lokayukta’s offices, they can go to the spot. It also introduces 5 to 10 civil society watchdog members in each committee. Thus, it is not top-heavy. (One badly-selected Information Commissioner can jam up the RTI system for five years because he has no pressure to perform. But one badly-selected member of Corruption Eradication Committee cannot do the same, because this GR puts pressure on him to perform, like a gun to his head! If he fails to act in 90 days, the complainant can escalate the matter to the next level, and disciplinary proceedings will be recommended against the delaying member of the Corruption Eradication Committee or Vigilance Squad!)

6) System for taking cognizance of Information received under RTI, or from whistleblowers.Specific mention of Right to Information is made in point no. 7. However, it also gives scope for administration insiders to blow the whistle on negligent or corrupt superiors and colleagues.

7) Culminates in Departmental Enquiry & Disciplinary Action. Wherever guilt is established – not only for corruption, but even for undue delay and other kinds of breach of Maharashtra Civil Service Rules -- the case lands in the lap of the Competent Authority for that particular officer. This is the government authority empowered to hold departmental enquiries and initiate disciplinary action. Thus, the punishment (unlike an RTI penalty) will have a lasting impact on the career of officers found guilty.

8) Ample internal checks & balances. The GR puts the onus of investigation and evidence-collection on Vigilance Squads, which consists of A group and B group officers at each district level. These officers are supposed to work under the supervision of the concerned Corruption Eradication Committee. If Vigilance Squad members don’t function properly, or if they become corrupt or drag their feet on some cases, etc., the GR defines 90-day deadlines for investigation and reporting. If deadlines are crossed, the complaint can automatically get escalated to the next higher level, making the corrupt squad members, and also corrupt committee members, eligible for departmental enquiry and disciplinary action.

9) Gives teeth to all existing Rules & Laws (State & Central), and thereby gives teeth to the common man. Maharashtra’s Prevention of Delay in Discharge of Official Duties Act [Read:http://tinyurl.com/Maha-Delay-Prevention-Act ] is specifically mentioned in the GR. So is theMaharashtra Civil Services Rules 1979 (Amended 2008) http://tinyurl.com/MahaCivilServicesRules . However, there are many other rules, laws and guidelines – too numerous to name here. This GR implicitly gives the citizen power to invoke any of these while making a complaint and oral submission!

10) Includes feedback mechanism for complainant. This GR contains provisions that make it necessary for the Committee or Squad to get back to the complainant with its findings and reports – whether guilty or not-guilty.

11) No time limits! People, bring out your old RTI documents showing corruption, undue delays, irregularities, frauds etc. This GR mandates that the Committees and Squads must entertain them, even if one or two years have passed. Because no time-limits are specified for your complaint.

It goes without saying that We, the People of Maharashtra, will have to exercise our ownership of this Corruption Eradication GR in the same way as we have done for the Right to Information Act. Our participation is like the blood running through the veins of all legislations; if we don’t exercise the many rights that this GR gives us, then this system will not come to life. On the other hand, I am fully hopeful if we wake up to this opportunity, and start filing complaints with the relevant Corruption Eradication Committee, we can enliven this system and make it respond to the valid concerns of every citizen.

Personally, I believe that this GR has the potential to add tremendous power to the RTI Act in Maharashtra, clean up the administration and serve as a role-model for the rest of India.

Warm Regards,

Krish

98215 88114

Important Footnotes:

I. In Marathi, this GR refers to the Corruption Eradication Committees at various levels as “Bhrashtachar Nirmoolan Samiti”. A simple google search shows that there are two or three older organizations with the same name or similar names. See these:

(a) http://www.anticorruptioncommittee.com/photo_gallery

(b) http://bhrashtachar.org/

(c) http://www.karmayog.com/ngos/bvjan.htm

However, the term “Bhrashtrachar Nirmoolan Samiti” that this GR refers are not the above mentioned. They will be entirely different committees where the responsibility will be shouldered by government officers, and citizens will play the role of watchdogs.

II. There at other GRs enabling the people of Maharashtra to have government officers punished for corruption, dereliction of duty and negligence. See these.

(a) http://tinyurl.com/Maha-90-days-deadline

(b) http://tinyurl.com/Punish-Corrupt-BMC-officials

Both these GRs (and others also) continue to be in force. They are more specific and targeted, and very good in their own way. Let us use them.

III. This translation was done at the initiative and expense of my colleague G R Vora. At 50 paise per word, he spent over Rs 1,400 for this one GR alone. Towards this and other GRs, he has spent Rs 2,750. See http://tinyurl.com/Vora-translation-Bill1 . In the last 12 months, Vora has spent at least Rs 30,000 out of pocket to support us … and he is supporting many other activists like us! So it will be nice if some kind soul out there helps this brave man shoulder this burden. We badly need to translate many more documents to empower citizens, as Maharashtra government’s GRs in Marathi will otherwise remain an area of ignorance for large numbers of citizens.

IV. I have tried my best to remove all errors in translation. Still, some may have escaped me. (My knowledge of Marathi is patchy, so forgive me.) If you are fluent in Marathi and English, please download this word file and correct the mistakes.http://tinyurl.com/GR-translation-for-correction Kindly colour-highlight the corrections and email the file to us, so that we can promptly update the internet copy of this file.


Krish