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Looking beyond the Jan Lokpal Bill
On the record
PROFILE
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Looking beyond the Jan Lokpal Bill Unfortunately the curse of 'corruption' pervades all societies and no country or Government can claim to be entirely free from the malady. The recent change in the attitude of our society to the malaise of corruption is heartening. The public outcry and impatience have, however, created an urgency to usher in legislative and administrative measures but also, ironically, clouded the sight of a comprehensive solution. It is the latter that we must watch out for, lest the quest for reining in corruption gets derailed. The shrillness surrounding the subject seems to be hijacking the real issue by pinning hopes on only one legislative measure. It appears that the Lokpal Bill is being made out to be the panacea for all the ills of our corruption ridden society. This would clearly be an intellectual myopia. I personally studied the Jan Lokpal Bill to understand it better. I believe it is a good start but still needs to be looked into further. We need to remember planning & drafting this Bill would just be the beginning. The core lesson from countries that have made progress is that success has been achieved when an integrated three-legged programme of enforcement, prevention and education has been applied. As stated earlier, at this stage our Jan Lokpal Bill consists only of enforcement. It is thus a one legged chair. We need a three legged chair to make any progress. Hong Kong, Indonesia, China The case of Hong Kong appears to have more similarities to contemporary India. Hong Kong's Commission was established in response to a crisis of public confidence. In the mid-70's Hong Kong saw an incident that shook the very roots of its law & order when a senior police officer, Peter Fitzroy Godber, amassed a wealth of more than 4.3 mn HK$ in overseas bank accounts and, on being discovered, managed to simply leave the country using his police passport and contacts. It wasn't as if Hong Kong did not have an Anti-corruption branch before it, but it was incapable structurally to lead the charge against the problem. A more recent case has been the emergence of Indonesia's Corruption Eradication Commission.The Commission has a powerful remit to investigate and prosecute. To date it has a 100% success rate in conviction which includes ministers, senior serving MPs, Governors of the Central Bank, members of the Election Commission, judges, police and senior prosecutors. Its only restriction is that they cannot prosecute military officers as they are governed by military courts. If we look at China, enforcement rates are very high and punishment includes death but there is only enforcement with minimal efforts at prevention or systematic efforts at public education. The result is that public perceptions of corruption, despite application of the death penalty for the guilty, remain unchanged year after year. Prevention Prevention contains a couple of key aspects - repairing the system or correcting certain processes. The first requires a capacity to review systems and procedures through an integrity lens that can spot possible loopholes and apply corrective improvements to reduce potential for abuse. An understanding of the regulations, institutional weaknesses and wider social context in which regulations are applied is needed. I believe it is critical for any Anti-corruption commission to be as capable of working on preventive techniques as it is on enforcement. To build its preventive capacity, the Ombudsman or the commission should constantly be looking for patterns of corruption as they emerge. Patterns can be found from the complaints being received with an eye to see if the system is the problem (preventive measures) or whether the problem is with individuals (enforcement measures). Through my discussions with various anti-corruption agencies around the world, I present to you a case which might make this point even clearer. In Hong Kong, the ICAC received a complaint that a contractor had used second grade cement to construct a tall building. ICAC sent its engineers for inspection and found the complaint to be true. Orders were issued for the building to be immediately demolished. ICAC did not merely stop at this single case inspection. They took upon themselves the task to find why such a thing went un-noticed by the civil inspectors who gave approval at various stages of construction of the building. What they found was that there were very few building inspectors and given the amount of construction happening in Hong Kong, were obviously over-worked and hence, the lapse. The third key element of successful counter corruption strategies is education. Education involves understanding corruption - defining what comes under the purview of corruption and what does not. People need to know the rules and procedures, not just staff in an agency but also those people who use their services. They need to know they do not have to engage in corruption to get what they need and need to be made aware of their rights - both legal and social to be able to resist demands of corruption. Anonymous complaints Apart from these fulcrums of prevention and education, there is a specific aspect which if taken care of would go a long way in improving the efficacy of Jan Lokpal Bill. The Bill prepared by the civil society in various paragraphs at different places talks about publishing every month the list of cases with brief details on each case. I believe this would be very harmful not only to the officer being investigated and proves to be innocent later, but also dangerous for the complainant and the witnesses. Any anti-graft commission in any country receives numerous complaints each year, out of which only a small number are found to be true and are substantiated- making details of each case public would lead to public ridicule of innocent people, given that the court of public opinion is much harsher than legal courts. The reputation of the innocent must be protected. Also, giving details of the case could lead to the exposure of witnesses and thus be a deterrent to whistleblowers or anybody wanting to divulge any corrupt practice. On the same grounds, all such details should be out of purview of the Right to Information Act also. In addition it is important to affirm that to safeguard the common man and ensure the security of the smaller fry in any corrupt system, anonymous complaints should be accepted. One final lesson from success stories in other countries. The containment of corruption did not happen overnight. In most places,even in small societies like Hong Kong or Singapore, it took about a generation for the transformation to take place. Corruption, after all, is a complex socio economic cultural phenomenon. At the heart of it is the disparity of power amongst the people of a country. Indeed, it mirrors the skewed distribution of power in the society - power being a combination of education, money, social and legal rights vis-a-vis the aspiration and ambition of a people. This is not an argument for inaction, but rather a cautionary reminder that when we set down the path to fighting corruption, we should know at the outset it is for the long haul, and not to be distracted by short term partisan jockeying. It is also a struggle that all components of the nation must face together. (The Writer is a Congress Member of Parliament, representing Kurukshetra constituency of
Haryana) |
On the record The author, publisher, promoter of translations from regional literature and a founder-director of Jaipur Literature Festival, Namita Gokhale, born in Lucknow in 1956, grew up in Nainital and New Delhi. Despite spending most part of her life in metros like Bombay and Delhi, she claims to have retained a Kumaoni Brahmin girl's perspective on life. She is the founder director of 'Translating Bharat' and is responsible for a series of conferences and literary events organised by the literary consultancy, Siyahi. She is also a director at Yatra Books, which publishes original and translated works in English, Hindi, Marathi and Urdu, in collaboration with Penguin India. Battling a critical disease she is still devoting all her time to organising 'Litfests' from Kashmir to Kathmandu and writing short stories in her spare time. From Paro to Priya, how do you assess your journey as a writer? My journey as a writer has had me travelling through many styles and genres, speaking through many voices. Each book has been a new journey. It was fun to return to some of the characters of my debut novel Paro, with my latest novel' Priya, In Incredible Indyaa'. I am writing short stories, when I find the time, nowadays. Will new technologies strike the death knell of the book, as we have known? The human race will never stop telling or listening to stories.....in a sense, we are each other's stories. So books are going nowhere, they will only become more accessible and interactive in the digital age. Only the formats and technology will change. Can festivals address the pathetic publishing scene in regional literature? Publishing in the Indian languages is increasingly imaginative, and the print technology has also improved tremendously. The new wave of digital publishing also has had an exciting and important impact. Book fairs and festivals do create further opportunities for literary dialogue and for making books and content more visible. What is being done to ensure quality translations of our language literature? Cultural empathy has to be cultivated. The more book lovers encounter and respond to literature in different Indian languages, the greater the opportunities to promote quality translations. There are many talented and dedicated people working on the translation scene. They simply require more opportunities to do this. Why is a festival being planned for Kota, since Jaipur festival in Rajasthan is already such a great success? The Vice Chancellor of Kota Distance University was keen to have a literary event in Kota to provide inspiration and impetus to local audiences. As you know, Kota is an important educational hub and I felt that it would be valuable to reach out to the large student community there. Will the focus of the Kathmandu festival be Nepali literature or literature from all the mountain regions? Kathmandu is a very cosmopolitan city, and I expect the festival team there will present a unique mix of regional and global themes. To What do you attribute the success of the Jaipur Literature Festival? The success of the JLF comes from the dedicated work of very many people, and of course the writers who participate with such unstinting enthusiasm. But the real success lies in the quality of the audiences, and the amazing collective energies they generate. What prompted the decision to hold the Kashmir Literature Festival in view of the perpetual security concerns? There were suggestions and requests from several writers to hold a literary event in a free and creative format in Kashmir. We felt this was a good idea. The security concerns will be addressed by the venue sponsors who are supporting the event. |
PROFILE Street vendors in New Delhi, says Harish Hande (43), end up paying Rs 20 for using a single electric bulb for four hours in the evening. That is a lot more than what middle class families actually pay for electricity. In Bangalore, the vendors use kerosene lamps to be able to sell after dusk. But even sibsidised kerosene is expensive. The poor, explains this year's recipient of the Ramon Magasaysay Award, pay a lot more for energy than the elite. So, why can't they afford solar energy ? Deemed to be Asia's Nobel Prize, the award was given for "his pragmatic efforts to put solar power technology in the hands of the poor, through his social enterprise-- Solar Electric Light Company (SELCO)." The IIT graduate's visit to the Dominican Republic , while he was still studying at Kharagpur, left an indelible impression and changed his life. There he saw the poor using solar energy and paying for it, which convinced him that it was possible to replicate the model in India. He went on to study Energy Engineering in Masachusettes and his passion for lighting the lives of the poor with sunshine prompted Solar Electric Light Fund ( SELF) of Neville Williams to trust Hande with the job of installing solar power in 100 rural households in Karnataka. There was no looking back and in 1995 he set up the Solar Electric Light Company (SELCO), because only a company, he felt, could offer and sustain after-sales service. Hande was convinced that the problem did not lie in installing photovoltaic cells. The problem, he diagnosed, was to ensure customised after-sales service. He worked relenetlessly to convince Grameen Banks to finance solar electrification. India, he points out, has one of the highest exposures to natural sunlight but not much of it is being tapped as yet. But since power generating cost of solar energy is more than four times higher than thermal power, it has not quite picked up in the country. Hande's pioneering company provides a photovoltaic cell mounted on rooftops and a lead, acid battery for storing power generated by the cell. A two-light home system costs around Rs 10,000 to install and can be used to operate radios, cassette players and ceiling fans as well and comes with a one-year warranty. Technicians visit the homes every three months to check. With around two hundred employees, the company operates mostly in Karnataka and Gujarat and has an annual revenue of Rs 13.5 crore. Describing himself, half in jest, as a "complete subsidy product", in a reference to his studies in the IIT and MIT funded by Indian and US taxpayers, Hande advocates renewable energy courses in Industrial Technical Institutes (ITIs) and polytechnics besides incentivising the rural enthrepreneur rather than subsidising the product. SELCO designs and installs solar technology applications based on each customer's specific needs, whether a two or four-light system for the home, head lamps for night workers like midwives and rose pickers, or for working effectively with sewing machines. To enable the poor to access the technology, SELCO has pioneered in linking the sale of solar technologies with credit institutions, like rural banks, cooperatives, even self-help groups. Taking service to "doorsteps", it trains customers for maintenance and provides prompt, personalised help through its wide network of service centres. Treating the poor as partners instead of mere consumers, SELCO builds their confidence as it assists them in accessing and using technology to better their lives. Poverty reduction is central to the goal as Hande says, " until the poor become asset creators, we are not empowering them." |
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