Académique Documents
Professionnel Documents
Culture Documents
No
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2.
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Contents
Introduction
Early Life
Condition of Ralegan Siddhi
Initiative of Anna Hazare
Bhrashtachar Virodhi Jan Aandolan
Rite of Information Act
Regulation of Transfers and Prevention of Delay in
Discharge of Official Duties Act
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9.
10.
11.
Introduction
Lokpal Movement
Hunger Strikes
Salient Features of Jan Lokpal
Bibliography
India liberalised its economy in 1991, drastically reducing tax rates, tariffs, and detailed microcontrol of economic activity. This opened up sectors reserved for the public sector, including to
foreign companies. These changes were expected to bring an end to the corruption that plagued
India, particularly since the 1970s. Yet, in 2011, two decades after liberalisation, an economically
resurgent India faced a crisis of governance. Scams and scandals dominated the headlines. A
cabinet minister was jailed after resigning on charges of corruption pertaining to the allocation of
a telecommunication spectrum, while others jailed in the same case included a member of
parliament (whose father was chief minister of a major state when she was incarcerated), and
senior executives of private sector companies alleged to have benefited from the ministers
misdeeds. The growing public dissatisfaction with corruption in public life triggered the
emergence of a civil society movement that forced the government to initiate the establishment
of a powerful Peoples Ombudsman (the Jan Lok Pal), with the powers to prosecute corruption at
even the highest levels of government. Indias ranking has slipped in Transparency
Internationals Corruption Perception Index from rank 90 in 2004, when the Congress-led United
Progressive Alliance (UPA) government came to power, to rank 94 (tied with Greece) in 2012,
when the UPA government was in the middle of its second term. In 2012, India was perceived as
significantly more corrupt than South Africa and Brazil (tied at rank 69) and China (rank 80),
although less corrupt than Russia and other post-Soviet states (Russia 128, Ukraine144), Mexico,
Argentina, Venezuela, Indonesia, Egypt, and most other South Asian states. In the Bribe Payers
Index (2011), which measures the
1
http://hubpages.com/politics/BiographyofAnnaHazareandhisanticorruptionmovemen
t accessed on 8/2/2016
2 The times of india. online. www.indiatimes.com. Accessed on 23 march
2016.http://timesofindia.indiatimes.com/home/specials/anna-hazare-the-guesteditor/top-headlines/l-was-re-born-in-the-battlefield-of-khemkaran/articlesshow/8002771.cms?
army for almost 15 years then he voluntary retired from army in 1978. At the time of leaving the
services he was ranked as sepoy in the 9th Maratha Battalion.3
When Anna was in Army five medals were notified to him: 1. Sainya Seva Medal, 2. Nine Years Long Service Medal, 3. Sangram Medal,
4. 25th Independent Anniversary Medal 5. Paschimi Star. 4
At one time, Anna Hazare was so much frustrated that he tried to commit suicide. He was in
search of the answer of the question of very existence of the human life. Before suicide he writes
down a letter of two pages that why he was not interested in life no more. He was survived.
Fortunately for him, inspiration came from the most unexpected quarters at the book stall of
the railway station of New Delhi, where he was located then. He came across a book of Swami
Vivekananda and immediately bought it.5
He was inspired by Vivekanandas photograph on the cover. As he started reading the
book, he found answers to all his questions, he says. The book revealed to him that the ultimate
motive of human life should be service to humanity. Striving for the betterment of common
people is equivalent to offering a prayer to the God, he realized.6
3 ibid
4From Politics to Fashion, online on http://www.realityviews.in/ accessed on 22
March 2016, www.realityviews.in/2011/.../short-biography-of-anna-hazare-storyof.ht...
5 https://sites.google.com/site/celebbiography/home/anna-hazare
6 Ibid.
At that time, he was 26 years old. He decided not to spend his life merely for earning livelihood.
Thats the reason why he pledged to be a bachelor. At that time, he served only three years in the
army and was not eligible to the pension scheme so he spends twelve more years in the army in
order to be self-sufficient. Then he voluntarily retired from army and return back to his native
place.7
7 Ibid.
8Ibid
10 Ibid.
untouchability and caste discrimination. In this village, the dalits or the so-called lower castes,
form an integral part of the socio-economic life of the villagers. He won Padma Bhushan Award
from Government of India in 1992 for these achievements.11
went on indefinite fast at Alandi in Pune district. Finally, the state government suspended the
accused officials and six Maharashtra Cabinet ministers were forced to resign the same year.14
In May 1997 Hazare protested against alleged malpractices in the purchase of
power looms by the Vasantrao Naik Bhathya Vimukt Jhtra Governor P. C. Alexander. On 4
November 1997 Gholap filed a defamation suit against Hazare for accusing him of corruption.
He was arrested in April 1998 and was released on a personal bond of IN R5,000. On 9
September 1998 Hazare was imprisoned in the Yerawada Jail to serve a three-month sentence
mandated by the Mumbai Metropolitan Court. The sentencing caused leaders of all political
parties except the BJP and the Shiv Sena came in support of him. Later, due to public protests,
the Government of Maharashtra ordered his release from the jail. After release, Hazare wrote a
letter to then chief minister Manohar Joshi demanding Gholap's removal for his role in alleged
malpractices in the Awami Merchant Bank. Gholap resigned from the cabinet on 27 April 1999.15
In 2003 corruption charges were raised by Hazare against four NCP ministers of the CongressNCP government. He started his fast unto death on 9 August 2003. He ended his fast on 17
14kiran tare, Fast among equal, India today in August 9, 2011, online.
www.indiatoday.indiatodayin.com accessed on 23 March 2016,
http://indiatoday.intoday.in/story/anna-hazare-fast-against-corruption-began-in1991/1/148573.html
15The statesman, A revive of rivalry online www.thestatesman.com 6 April 2011,
accessed on 21 Feb2016 www.thestaesman.comlindex.php
10
August 2003 after then chief minister Sushil Kumar Shinde formed a one-man commission
headed by the
retired justice P. B. Sawant to probe his charges. The P. B. Sawant commission report, submitted
on 23 February 2005, indicted Sureshdada Jain, Nawab Malik, and Padmasinh Patil. The report
exonerated Vijaykumar Gavit. Suresh Jain and Nawab Malik resigned from the cabinet in March
2005.16
11
Maharashtra got the bill signed by the Abdul kalam, president of india and enacted the law of
Rite to Information in Maharashtra. This Act has enabled the common man to seek information.
Till to-date, the people have to obey the laws; whereas the government machinery controlled
everything. But by the advent
of this Act, the Government Agencies have to obey the law and the people have got controlling
power. This law also served as the base for national rite to information act 2005.18
12
in discharging their duties. This act provides for disciplinary action against officials who move
files slowly and enables monitoring officials who stay too long in a post, or in a department, and
for involvement in a corrupt nexus. Within this act, it is mandatory for the government to effect
transfers of all government officers and employees, except Class IV workers, after the stipulated
three years. Act also prevents the government from effecting frequent transfers of officers before
the stipulated three-year tenure, except in case of emergency and under exceptional
circumstances.
Maharashtra is the first state in the country to have introduced such act. However, like others,
this law has also not been followed in its true spirit.19
On 21st September 2011, a team of two Pakistani delegates named Nasir Aslam
Zahid, a retired Supreme Court judge and presently a member of the India - Pakistan judicial
committee on prisoners' justice along with Karamat Ali, trade union leader and peace activist.
met the Indian social activist Anna Hazare at his native village, Ralegan Siddhi. The Pakistani
delegates wanted Anna to visit Pakistan so that he may guide them to fight against corruption in
Pakistan. They felt there is no Anna Hazare in Pakistan so they need Anna Hazare from India.
Anna accepted the offer
but it all depends upon his health.20
LOKPAL MOVEMENT
19 Debika Goswami, Kaustuv k Bandyopadhyay, The Anti-Corruption Movement in
India accessed on 14 February 2016
13
up to death from 5 April 2011 at Jantar Mantar in Delhi, to press for the demand to form a joint
committee of the representatives of the Government and the civil society to draft a new bill with
stronger penal actions and more independence to the Lokpal and Lokayuktas (Ombudsmen in the
states), after his demand was rejected by the Prime Minister of India Manmohan Singh.21
The movement attracted attention very quickly through various media. It has been
reported that thousands of people joined to support Hazares effort. Almost 150 people are
reported to join Hazare in his fast. He said that he would not allow any politician to sit with him
20
http://hubpages.com/politics/BiographyofAnnaHazareandhisanticorruptionmovemen
t
21 D. Motions Diary, Who Anna Hazare? What Jan Lokpal Bill? online
www.cnstantmotion.wordpress.com accessed on 21 March 2016
https://constantmotion.wordpress.com/2011/04/07/who-anna-hazare-what-janlokpal-bill/
14
in this movement. Many social activists including Medha Patkar, Arvind Kejriwal and former
IPS officer Kiran Bedi have lent their support to Hazares hunger strike and anti-corruption
campaign.
This movement has also been joined by many people providing their support in
Internet social media such as twitter and facebook. In addition to spiritual leaders Swami
Ramdev, Swami Agnivesh and former Indian cricketer Kapil Dev, many Bollywood celebrities
like Shekhar Kapur, Siddharth Narayan, Anupam Kher, Madhur Bhandarkar, Pritish Nandy,
Priyanka Chopra, Prakash Raj, Aamir Khan, Chetan Bhagat showed their public support through
twitter. As an outcome of this movement, on 6 April, 2011 Sharad Pawar resigned from the group
of ministers formed for reviewing the draft Lokpal bill 2010.Anna Hazare started his Fast until
Death at Jantar Mantar, New Delhi, stating I will fast until Jan Lokpal Bill is passed The
movement gathered quite a significant amount of support from Indias youth visible through the
local support and on social networking sites like Facebook and Twitter.22
On April 6, 2011, Sharad Pawar, the Union Minister of Agriculture resigned from the group of
ministers formed for reviewing the draft Lokpal Bill. Protests spread like wildfire from the
Ramlila Maidan, New Delhi to cities like Bangalore, Mumbai, Chennai, Ahmedabad, Guwahati,
Shillong and many others. In the face of these protests, the government decided to table the Bill
in the Parliament in the forthcoming monsoon session. Finally, on April 9, 2011, the government
accepted the inclusion of civil society members, alongside with the government officials in the
22
Ibid
15
Bill Drafting Committee. In addition to this, on May 13, 2011, the Prime Minister, declared the
completion of the ratification of the UN Convention against Corruption by the Indian
Government.23
HUNGER STRIKES
On june8, 2011 Anna Hazare gave an ultimatum to the Government that the Jan Lokpal Bill
should be passed by August 15, 2011. If not, then he would then begin another indefinite fast
from August 16, 2011.He blamed that the Government putting hurdles in the drafting Lok pal bill
and trying to defame the members of civil society. On the morning of the 16 August 2011, Anna
Hazare along with his close associate was remanded to judicial custody and imprisoned for seven
days after that. This resulted the agitation and protest all over the India. In the face of the protest,
the Delhi Police decided to release Him after one weak. Over the next twelve days he along with
his followers
launched and continued his hunger protest at the Ramlila Maidan of Delhi and he was supported
by the people of India from all walk of life.24
On 27 August,2016 a debate was held on the Jan Lokpal Bill in the Indian
Parliament. This end the fast but Anna Hazare made it very clear that he only suspended his
23 Debika Goswami, Kaustuv k Bandyo podhyay,11
24 Aarti Dhar, Sandeep Dixit. 16 August 2011, online www.thehindu.com accessed
on 28 February,2016. http://www.thehindu.com/news/national/article2362611.ece
16
strike for time being and would end it only after a strong Lokpal Bill was passed by the
Parliament. Before the commencement of the winter session of the Parliament on December 11,
2011 Anna Hazare sat on a day-long fast at Jantar Mantar, New Delhi, protesting against the
proposals made by the Parliamentary Standing Committee on the anti-graft measure. The protest
for the first time Witnessed almost politicians sharing the stage with the Anna Team. Leaders of
BJP and Akali Dal shared the platform with him. Leader of this group appeared almost united on
the issues of bringing Prime Minister, lower bureaucracy and investigation wing of CBI under
the proposed Lokpal.25
On December 22, 2011, the Parliamentary sessions in the Lower House (Lok
Sabha) witnessed debates and breaches of opinion regarding the Lokpal issue among almost all
the political parties present. After these arguments and counter arguments, the government
finally withdrew the Lokpal Bill introduced in August 2011 and reintroduced The Lokpal and
Lokayuktas Bill 2011 along with the 116th Constitutional Amendment Bill, which also included
reservation for minorities and 50 per cent reservation for Scheduled Castes, Scheduled Tribes,
Other Backward Classes and women. But Anna Hazare was not happy with that and he
challenged Congress chief Sonia Gandhi to a public debate on it to convince people that the
proposed legislation is strong. He said the new Bill is of no use if the anti-corruption ombudsman
25 Express News Service, December 12, 2011. Online www.indianexpress.com
accessed on 27 Fbruary,2016 http://www.indianexpress.com/news/8-parties-onanna-stage-congress-feels-heat/886653/
17
does not have control over CBI and the lower bureaucracy is not brought under its direct control.
He said he would go on a three-day hunger strike from December 27-29 and would launch jail
bharo struggle.26
The Bill was reintroduced during the Budget session of the Parliament in February
2012, but it was not prioritised and the session ended without the Bill being passed. Under these
circumstances, Anna once again decided to sit on a day-long fast at Jantar Mantar on March 25,
2012. Blaming the government for its insensitivity and carelessness, he said that the dharna at
Jantar Mantar would seek protection for whistle blowers, many of whom were killed while
exposing corruption cases. Again, on May 1, 2012 Anna began his five-week long tour of
Maharashtra to create awareness for a strong lokayukta Bill. From July29 to 3 rd August he
continued his hunger strike and which was broken on the promise to fight for transparency in the
system.27
In May 2012, the bill was referred to a Select Committee of the Rajya Sabha to try and develop a
consensus on the disputed issues. After the report of the Select Committee was submitted in
November 2012, the bill was again taken up in the Rajya Sabha and passed, with several
amendments, on 17 December 2013. The amended bill was sent back to the Lok Sabha, which
18
passed it on 18 December2013. The bill received the assent of the President on Ist January 2014,
thereby becoming the L&l Act of 2014.28
to set up
Lokayukatas within one year of the passage of time but the type and nature of the Lokayukatas
is left to the discretion of the state legislature. 29
Lokpal would receive complaints of corruption against the prime minister, ministers, Members
of Parliament (MPs), officers of the central government (all l evels), and against functionaries of
any entity that is wholly or partly financed by the government with an annual income above a
specified limit, and also, all entities receiving donations from foreign sources in excess of 10
lakh per year.
The Act states that on receipt of a complaint against any public servant, except the Lokpal will
order a preliminary inquiry against the public servant. The inquiry may be done by its own
28 Amrita Johri, Anjali Bhardwaj, Shekhar Singh, The Lokpal Act of 2014 An
Assessment accessed on 7 February, 2016 www.snsindia.org/pdf/lokpal-2-epwarticle.pdf
29 Ibid.
19
inquiry wing, provided for this purpose or the Lokpal may direct the Central Bureau of
Investigation (CBI) or any other agency to do the preliminary inquiry. The preliminary inquiry
has to ordinarily be completed within 60 to 90 days and a report has to be submitted to the
Lokpal. The investigation has to be submitted within 6 months and report has to be submitted to
the appropriate court having justice.30
Every investigation report must be considered by a bench consisting of not less
than three members of the Lokpal and, after obtaining the comments of the public functionary,
the Lokpal may grant sanction to its own prosecution wing, or to the investigating agency, to file
a charge sheet before the special court, or direct filing of a closure report, or direct initiation of
departmental proceedings against the concerned public servant. 31
Bibliography
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