| Friends,
These days a very large number of misconceptions and half-truths are being propagated through certain quarters. Here we present the first myth and how wrong facts are being propagated in a way which might have extremely adverse long-term effects because they are having a deep intact on the entire democratic setup of ours.
Amitabh # 94155-34526 Nutan # 94155-34525
First Myth- Political Parties don't want strong Anti-graft laws These days a trite has come into existence-"Political Parties don't want strong Anti-graft laws." It is being said that the members of the Civil societies want strong anti corruption laws to get our country rid of all kinds of corrupt practices. It is being said that Lokpal is the Institution that is being promulgated and presented by the Civil societies to end the menace of corruption once and for all. Also that that the Institution of Lokpal along with a few strong anti-graft antidotes are going to be the panacea for all the corruption related troubles that our Nation is facing badly. At the same time, another rumour that is making way through all possible sources is that since a very large number of politicians, highly placed officials and rich businessmen are involved in corrupt practices, hence they are trying everything within their means to sabotage the efforts of these Social activists to bring strong anti-graft laws. What is interesting is that even like the 24x7 electronic channels, newspapers, SMSs, social networking sites etc. have started believing this as a gospel truth and are all talking of "strong anti-graft laws" and their opposition by vested interests. Now, no one can say what exactly is a strong or weak law because laws cannot be measured by just having a look at them. But it does not mean that we ignore the basic fundamentals of Jurisprudence in order to formulate the so-called "strong anti-graft laws". As we all know, Hammurabi code talked of any eye for an eye or an arm for an arm. While it does look simple and appealing to listen them yet we did not accept such a legal setup where today some accusation is made, tomorrow the evidences are brought, next day the judgement is delivered and on the subsequent day one eye or one arm is gone simply because we all knew that if after the delivery of the judgement it was found that there was some error in the facts than there would be no means to get the order reversed. It is for the reasons of proper check and balance and "due process of law" that we adopted the modern principles of law instead of these simplistic formulations. What it means is that just by getting lured by such fanciful words like "strong anti-graft laws" we shall not try to get enunciated and attracted towards some of such half-baked measures which go against the basic premises of our legal system. Other than this basic introduction, what we are discussing here is about the so-called opposition of powerful and vested sections of society to the "strong anti-graft laws". Just the way the ex American President George Bush is quoted to have said that those who are not with us are in opposition to us, these Civil society members are trying to say that everyone who is opposing their grand idea of Lokpal are against a corruption-free society and are in a way corrupt. But if we go deeper in this matter, we will find that nothing could have been more incorrect and fallacious. The reason is simple- those who are powerful and those who have influence and those who have huge wealth with them are capable enough to get their influence felt everywhere. If a person has wealth, it will attract and influence people everywhere in equal measures. If a person has political power, it will be able to permeate itself at all places. Similarly a really influential bureaucrat very well knows that his presence and his influence will be acknowledged and recognized at all possible places. What it means is that these truly power and influential people believing in corrupt means don't get affected or frightened by any new arrangement or structure because they very well know that if there is a system, there would also be ways to mend and bend them and to find ways through them. They know that they have been able to go wherever they have wanted to go and to formulate their ways. They also know that ultimately every system and structure is made up of human beings and all human beings are what they are- human beings. Thus they will have some weaknesses, some needs, some requirements, some difficulties, some problems, some tensions. And of-course some desires and some ambitions. Coupled with this, a lot of fear. All these are good enough to be used and exploited by those people with power, authority, influence and money who want to do so and who have no qualms about the ways to be adopted to get their ends fulfilled. Thus we must be very clear in our minds that whatever so-called "strong anti-graft laws" are being talked of today will not be able to affect these upper echelons of corruption but will fall upon the ordinary people. Those getting affected by these measures will be the ordinary officials of any government setup, the low paid employees and businessmen with ordinary status. Corruption today being an all-pervading phenomenon, having its presence in all strata of society, thus while the rich and the powerful shall be able to find their ways to tackle these so-called "strong anti-graft laws" made as against the basic premises of judicial principles, the ordinary people shall be its prey who would find it difficult to prove their innocence even in the face of it and will have to bear its brunt. Thus such "strong anti-graft laws" shall also be against the principles of Human Rights and might acquire draconian proportions in wrong hands. As far as the influential people- the politicians, the powerful bureaucrats and rich people is concerned, they will remain as cool and composed as ever because when such powerful bodies like the Supreme Court and the High Court, CBI, Enforcement Directorate, Income Tax, Sales Tax, Customs Department etc and COFEPOSA and Prevention of Corruption Act could not instill fear in them and deter them from corrupt means what would a new Act and a new Institution do. They very well know that all this would mean in practical terms is that the fees of their legal counsel will increase by some amount because they know that these legal eagles will be able to find ways to fight the new menace of Lokpal as soon as it comes into existence. Thus to say that the political parties are fearful of a strong anti-graft law is as big a lie as to say that rich people get frightened by the news of some impending famine. On the other hand, if attempts are made to make "strong anti-graft laws" by ignoring the basic principles of law and jurisprudence then it will certainly have its ill-effects on ordinary and poor people. http://irdsindia.com/Lokpal%20vs%20Corruption%20%28Hindi%29.htm
http://nationalrtiforum.org/Lokpal%20vs%20Corruption.htm
| 
No comments:
Post a Comment