By Greg Donaldson
Impunity Watch, Asia
NEW DEHLI, India – After many fierce political debates over government corruption, India officials introduced a bill to parliament on Thursday that would create an independent anti-corruption agency. However, many have described the bill as “toothless.” Anti-corruption activist Anna Hazare, who has led the most recent hunger strikes, called the bill a “cruel joke.”
The bill would create a powerful ombudsman with the authority to investigate accusations against government officials. The bill excludes the prime minister, members of parliament, and other officials from the jurisdiction of the ombudsman. Many critics of the bill have asked why the President of the United States and other high ranking officials throughout the world can be freely investigated, but the same cannot be said of Indian officials.
Anti-corruption activists have further complaints about the bill. In section fifty-six of the bill, legal assistance paid for by the government will be given to every government official tried before the ombudsman at the request of the accused. If the claims of the accuser are found to be false, then the accuser can be subject to a two to five year prison sentence and a fine of Rs 25,000 but which may extend to Rs 2 lakh.
Activist Arvind Kejriwal told the Times of India the bill was tilted in favor of the corrupt and against the whistleblowers. “The bill is heavily tilted against the whistleblower. There are various stages in the Lokpal’s (Ombudsman) process of inquiry where the accused is allowed to see documents or access records and get assistance that will work against the whistleblower. The accused can also go directly to court and file a complaint that allegations are false,” he said.
The bill also provides if the allegations are found to be false the accuser will have to compensate the accused official and pay for any legal expenses incurred by the official as a result of the accuser’s allegations.
Thousands have rallied to fight the weakness of the proposed bill. The Times of India launched an “Act Against Corruption” campaign a few weeks ago and it is estimated over 100,000 people have joined the campaign.
While India does have a dark history of government corruption, analysts worry that an all-powerful ombudsman, who is not accountable to anyone, could lead to legal chaos.
Anna Hazare has already announced he will begin a new hunger strike on August 16th hoping for a stronger bill that gives the ombudsman jurisdiction over the prime minister and other high ranking officials.
For more information, please see:
DNA — Lokpal Bill must echo people’s views: Justice Santosh Hegde – 6 August 2011
The Times of India — ‘Lokpal Bill tilted in favour of the corrupt — 5 August 2011
The Times of India — Over 1 lakh join Times Online campaign for strong Lokpal – 5 August 2010
BBC – Indian anti-corruption bill tabled in parliament – 4 August 2011
New York Times — Skepticism Over India’s Anticorruption Bill – 4 August 2011
