Anti-corruption, the Gandhian way
Professor Tan Sri Dato' Dzulkifli Abd Razak
Learning Curve : Perspective
New Sunday Times - 16-04-2011
JUST days after the cricket fanfare, New Delhi came into focus again, this time about "bowling out" corruption nationwide in India. The one who hit the "winning run" is a respected Gandhian of 72 years who took a decisive step to wage a campaign against corruption in the country.
Better known as Anna Hazare, social activist Kisan Baburao Hazare decided "enough is enough". He started to "fast-unto-death" on April 5 to highlight the fight against corrupt practices in India when his demand was earlier rejected by Prime Minister Manmohan Singh. Reportedly this is not the first time such an issue has failed to be dealt with satisfactorily after at least eight attempts. Indeed, before starting his protest, Hazare was quoted: "I will fast until the Jan Lokpal bill is passed."
In the last week, there was a groundswell of support for his "India Against Corruption" mission with many joining him at the ancient astronomical monument Jantar Mantar. Such large turnouts spreading to far-flung corners of India can readily form a tidal wave of unrest so familiar to many parts of the world lately. There is even a website (www.indiaagainstcorruption.org) to make donations to the campaign. Unless the demand is speedily handled, there could be political repercussions.
Moreover, it is a spontaneous demonstration of people's power, capturing the imagination of just about anybody from youngsters who want to see a better future to celebrities who love the limelight. Even government officers risked championing Hazare despite Central Service Conduct Rules disallowing the so-called "babu class" to take part in such public expression. Consequently, the upsurge in popular outpouring exhibiting clear mass sentiment against corruption has, no doubt, cut short the fasting crusade to a mere four days.
By April 9, an unprecedented event took place in India's democracy. Seemingly for the first time in the history of independent India, "a public accountability law will get drafted not just by the government but also civil society represented". By then Hazare had lost two kilos though he was medically stable.
The government was pressured to consider a new proposal for a strong anti-corruption act as envisaged in the Jan Lokpal bill, a law that will establish an "ombudsman" (lokpal) system with the power to deal with corruption in public offices, without fear or favour.
There is a nagging suspicion that the draft, if entirely left to the government, would not be good enough. After all, despite signing the United Nations Convention Against Corruption six years ago, India has yet to ratify it. Meanwhile, a number of "scams", including the dismal financial performance of the recent Commonwealth Games where billions were "lost", has been cited as a matter of concern.
Finance Minister Pranab Mukherjee, in his speech on Securing the Future: Framework for Inclusive Growth, says while India's economy is growing, its fruits are not enjoyed "equally by all our citizens". Incidentally, he is heading a ministerial corruption panel.
Thanks to the Hazare-led Gandhian approach, proposals to replace the composition of the Central Vigilance Commission of a largely government and political-based appointees, with no provision for funds and power of its own have been endorsed. The alternative saw a 10-member panel, selected by the people instead. It has its own funds, and also its own investigating arm.
All the demands made have been agreed to by the Government of India in the form of a gazette notification. However, a joint committee is to be headed by Pranab, despite the demand for a former Supreme Court judge to lead the redrafting of the bill. The government order set June 30 for the panel to complete its work for the bill to be introduced during the next Parliamentary session.
There are concerns that this move could lead to a loss of political sovereignty if the panel is not properly constituted. For example, accusations of "nepotism" and divisive moves have already been made in the setting up of the committee. Some have even contemplated the emergence of a new power centre as another estate of democracy in India. Although the battle is won, there is a long war ahead. To quote one opinion: "It is extremely simplistic to think that one very powerful body like lokpal will act as a magic wand."
Since corruption per se is not institution-specific, it very much depends on a pervasive culture of refusing to offer and receive any form of graft among the common people. Otherwise, it will be an uphill task to bring out any behavioural change as we are beginning to discover from Malaysia's experience.
We will watch keenly if the Gandhian way can really hit a home run!
* The writer is the Vice-Chancellor of Universiti Sains Malaysia. He can be contacted at vc@usm.my
By April 9, an unprecedented event took place in India's democracy. Seemingly for the first time in the history of independent India, "a public accountability law will get drafted not just by the government but also civil society represented". By then Hazare had lost two kilos though he was medically stable.
The government was pressured to consider a new proposal for a strong anti-corruption act as envisaged in the Jan Lokpal bill, a law that will establish an "ombudsman" (lokpal) system with the power to deal with corruption in public offices, without fear or favour.
There is a nagging suspicion that the draft, if entirely left to the government, would not be good enough. After all, despite signing the United Nations Convention Against Corruption six years ago, India has yet to ratify it. Meanwhile, a number of "scams", including the dismal financial performance of the recent Commonwealth Games where billions were "lost", has been cited as a matter of concern.
Finance Minister Pranab Mukherjee, in his speech on Securing the Future: Framework for Inclusive Growth, says while India's economy is growing, its fruits are not enjoyed "equally by all our citizens". Incidentally, he is heading a ministerial corruption panel.
Thanks to the Hazare-led Gandhian approach, proposals to replace the composition of the Central Vigilance Commission of a largely government and political-based appointees, with no provision for funds and power of its own have been endorsed. The alternative saw a 10-member panel, selected by the people instead. It has its own funds, and also its own investigating arm.
All the demands made have been agreed to by the Government of India in the form of a gazette notification. However, a joint committee is to be headed by Pranab, despite the demand for a former Supreme Court judge to lead the redrafting of the bill. The government order set June 30 for the panel to complete its work for the bill to be introduced during the next Parliamentary session.
There are concerns that this move could lead to a loss of political sovereignty if the panel is not properly constituted. For example, accusations of "nepotism" and divisive moves have already been made in the setting up of the committee. Some have even contemplated the emergence of a new power centre as another estate of democracy in India. Although the battle is won, there is a long war ahead. To quote one opinion: "It is extremely simplistic to think that one very powerful body like lokpal will act as a magic wand."
Since corruption per se is not institution-specific, it very much depends on a pervasive culture of refusing to offer and receive any form of graft among the common people. Otherwise, it will be an uphill task to bring out any behavioural change as we are beginning to discover from Malaysia's experience.
We will watch keenly if the Gandhian way can really hit a home run!
* The writer is the Vice-Chancellor of Universiti Sains Malaysia. He can be contacted at vc@usm.my