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My Dear Fellow Indians

                                                   A decisive battle against corruption has begun. We are not
                                                   against any political party. We want systemic reforms. We want a
                                                   corruption-free India.
                                                    After all, what are the people asking for – a strong anti-corruption
                                                   law which provides for honest and time-bound investigations and
                                                   trials that result in jail for the guilty, confiscation of embezzled
                                                   money and their dismissal from service?
                                                   Are we asking too much?
                                                   For two months, we were talking to the government.
                                                   Government seems unwilling to take even small steps against
                                                   corruption. Government appears insincere. We have met all
                                                   prominent political leaders. We have tried everything.
                                                   What do we do now? When I announced my indefinite fast from
                                                   16th August, the government threatened that they would crush us
                                                   the way they crushed Baba Ramdev's peaceful agitation.

Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they
arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives
but will not leave the place. We will not retaliate. It will be a completely non-violent movement.
“If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 on
Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his
work from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands
shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets.
The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may
impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country?
And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support
and wish us well; at Raj Ghat, the policemen donated generously for the movement!
                                              th
So, will you take off from your work from 16 August? Will you descend on the streets with me?
This year, the country will wait for 16th rather than 15th August.
In solidarity,


Anna Hazare




                 (Please make copies of this pamphlet and distribute it in large nos.)
“GOVERNMENT'S LOKPAL IS DANGEROUS”

 Government's Lokpal is targeted against those who raise their voice rather than to punish the corrupt!




The government's Lokpal bill covers about 0.5% of              receive government funding or not, up to the village
public servants, yet it brings under its ambit virtually       level! For instance, consider a group of citizens that
every citizen's group and organization, registered or          unearths corruption of the Sarpanch and Block
unregistered, meant to serve the social sector. This           Development officer (BDO) in a village. The
raises a pertinent question -- whom is the Lokpal really       government's Lokpal can't take any action against the
targeted at?                                                   Sarpanch or BDO but it can lock up the group of active
There are more than 1.25 crore central and state               citizens. Each and every association, like Resident
government employees. Out of this merely 65,000                Welfare Associations, Market Associations, even your
Group A Central Government employees would be                  neighbourhood committees that organize festivals like
covered in the government bill leaving out all the lower       Durga Puja, Ramlila, etc. would be under the purview
officers and staff. This effectively means that there is       of Lokpal.
no remedy against corruption that a common person              While there is no disagreement that the rot of
faces daily in police, roads, industry, licensing,             corruption is also afflicting many societies, associations
transport, roadways, municipality, rations, health             and NGOs, there already exists a plethora of laws like
services, education, pension, provident funds,                 the Trust Act, Societies Act, FCRA, etc. to monitor
Panchayat, forest department, irrigation department,           them. Lokpal was originally intended for checking
etc.                                                           corruption in public servants. Regardless, if it is being
On the other hand, Lokpal would have jurisdiction over         extended to all associations of civil society, then why
all NGOs, trusts, societies like RWAs, big or small,           shouldn't it also cover all companies, businesses,
whether registered or unregistered, whether they               political parties, and media houses?




Government's Lokpal Provides Greater Protection to Corrupt!
Provisions in the government's Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servant
accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a
frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was
wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence for
the citizen is two years. But if the corruption charges are proved, the minimum sentence for the public servant is just
six months!
Will then any citizen dare raise a voice against corruption?
Government's Draft                                        Anna Hazare's Jan Lokpal

Corruption of     If the PM is involved in corruption, then CBI    Lokpal, which is an independent body, would
Prime             would investigate, not the Lokpal.               investigate PM.
Minister          (CBI directly comes under PM. How will CBI       (If govt.'s doesn't want PM's corruption to be
                  investigate its own boss?)                       investigated, let them amend constitution upfront
                                                                   rather than making a pretense of investigations by
                                                                   CBI.)


Corruption        A committee of three judges from same        A seven member bench of Lokpal will give
within            court will give permission for investigation permission after an open hearing.
Judiciary         against the accused judge. (How will
                  judges from the same court give permission
                  to investigate their colleague judge?)




                  If a MP votes or puts up a question in           The investigation would be done by an independent
Corruption of     parliament in return for a bribe, then           Lokpal.
Mps               he/she could be investigated by a
                  committee of other MPs as is the present
                  system. (In the past 62 years, many
                  instances of MP's taking bribe have
                  surfaced but not even a single instance has
                  been honestly investigated nor any MP
                  sent to jail.)


                  Every department will declare its citizen        If the citizen charter is violated, then the Lokpal
                  charter specifying work to be done, the          would penalize the concerned officers, and the
                  officer responsible, and time required.          penalty would go to the complainant as
Corruption        However, it doesn't state what happens in        compensation
Faced by the      case of dereliction of duty.
Common            (Today, any work like license, ration card,
Citizen           business permits, etc. in a government
                  department requires the citizen to pay a
                  bribe. Why will the department change
                  from this modus operandi when there are
                  no penalties for non-performance?)



                  1. In a ten-member Selection Committee,          1.   Selection Committee would comprise of two
                      six are politicians, of which five will be        politicians, four judges and head of two
Selection of          from the ruling party. (This kind of              independent constitutional authorities.
Lokpal                system will increase the probability         2.   The Search Committee would comprise of civil
                      that a corrupt persons and those                  society members and retired constitutional
                      favorable to ruling party are finally             authorities.
                      selected.)                                   3.   A detailed selection process has been
                  2. Selection process will be decided by               described, which would be transparent and
                      Selection Committee.                              have people's participation.
Government's Draft                                        Anna Hazare's Jan Lokpal

 Accountability    The members of Lokpal would be                  The accountability of the Lokpal members would be
 of Lokpal         accountable to the government. Only             to the public. Any citizen can file a petition in the
 Members           government can file a petition in the           Supreme Court for removal of a corrupt Lokpal
                   Supreme Court for their removal.                member.


Corruption         The members of Lokpal would be                  The accountability of the Lokpal members would be
within Lokpal      accountable to the government. Only             to the public. Any citizen can file a petition in the
Staff              government can file a petition in the           Supreme Court for removal of a corrupt Lokpal
                   Supreme Court for their removal.                member.



                   Only group 'A' officers of the Central          All the employees of Central Government will be
                   Government would come under the                 under Lokpal's ambit. On similar patterns of Lokpal
 Jurisdiction of   jurisdiction of Lokpal, while the lower level   , Lokayaukta will be set up at state level and all the
 Lokpal            officers and the state employees would be       employees of state government will be under its
                   left out. (So where would the common            ambit.
                   citizen go to complain about corruption in
                   licensing, Panchayat, Schools, Hospitals,
                   rations, etc.?)


                   The CVC is responsible of protecting the        It should be Lokpal's responsibility to protect the
Whistleblower's    whistleblowers. However, the CVC neither        whistleblowers. The Lokpal has been given sufficient
Protection         has the capacity nor the legal powers           powers for the same.
                   required to protect whistleblowers.



                   The power to remove officers lies with the      The decision to remove a corrupt officer lies with a
Removal of         minister of that particular department.         bench of Lokpal members which would hear such
Corrupt            (Since the minister also gets a cut out of      cases in public.
Officers           the money that is taken as bribe, corrupt
                   officers are rewarded rather than
                   punished)


 Punishment        Maximum punishment for corruption is 10         The maximum sentence is life imprisonment.
 for Corruption    years.                                          Officers senior in rank would attract stiffer
                                                                   punishment.

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Jan Lokpal VS Sarkari Lokpal

  • 1. My Dear Fellow Indians A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16th August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation. Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement. “If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement! th So, will you take off from your work from 16 August? Will you descend on the streets with me? This year, the country will wait for 16th rather than 15th August. In solidarity, Anna Hazare (Please make copies of this pamphlet and distribute it in large nos.)
  • 2. “GOVERNMENT'S LOKPAL IS DANGEROUS” Government's Lokpal is targeted against those who raise their voice rather than to punish the corrupt! The government's Lokpal bill covers about 0.5% of receive government funding or not, up to the village public servants, yet it brings under its ambit virtually level! For instance, consider a group of citizens that every citizen's group and organization, registered or unearths corruption of the Sarpanch and Block unregistered, meant to serve the social sector. This Development officer (BDO) in a village. The raises a pertinent question -- whom is the Lokpal really government's Lokpal can't take any action against the targeted at? Sarpanch or BDO but it can lock up the group of active There are more than 1.25 crore central and state citizens. Each and every association, like Resident government employees. Out of this merely 65,000 Welfare Associations, Market Associations, even your Group A Central Government employees would be neighbourhood committees that organize festivals like covered in the government bill leaving out all the lower Durga Puja, Ramlila, etc. would be under the purview officers and staff. This effectively means that there is of Lokpal. no remedy against corruption that a common person While there is no disagreement that the rot of faces daily in police, roads, industry, licensing, corruption is also afflicting many societies, associations transport, roadways, municipality, rations, health and NGOs, there already exists a plethora of laws like services, education, pension, provident funds, the Trust Act, Societies Act, FCRA, etc. to monitor Panchayat, forest department, irrigation department, them. Lokpal was originally intended for checking etc. corruption in public servants. Regardless, if it is being On the other hand, Lokpal would have jurisdiction over extended to all associations of civil society, then why all NGOs, trusts, societies like RWAs, big or small, shouldn't it also cover all companies, businesses, whether registered or unregistered, whether they political parties, and media houses? Government's Lokpal Provides Greater Protection to Corrupt! Provisions in the government's Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servant accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence for the citizen is two years. But if the corruption charges are proved, the minimum sentence for the public servant is just six months! Will then any citizen dare raise a voice against corruption?
  • 3. Government's Draft Anna Hazare's Jan Lokpal Corruption of If the PM is involved in corruption, then CBI Lokpal, which is an independent body, would Prime would investigate, not the Lokpal. investigate PM. Minister (CBI directly comes under PM. How will CBI (If govt.'s doesn't want PM's corruption to be investigate its own boss?) investigated, let them amend constitution upfront rather than making a pretense of investigations by CBI.) Corruption A committee of three judges from same A seven member bench of Lokpal will give within court will give permission for investigation permission after an open hearing. Judiciary against the accused judge. (How will judges from the same court give permission to investigate their colleague judge?) If a MP votes or puts up a question in The investigation would be done by an independent Corruption of parliament in return for a bribe, then Lokpal. Mps he/she could be investigated by a committee of other MPs as is the present system. (In the past 62 years, many instances of MP's taking bribe have surfaced but not even a single instance has been honestly investigated nor any MP sent to jail.) Every department will declare its citizen If the citizen charter is violated, then the Lokpal charter specifying work to be done, the would penalize the concerned officers, and the officer responsible, and time required. penalty would go to the complainant as Corruption However, it doesn't state what happens in compensation Faced by the case of dereliction of duty. Common (Today, any work like license, ration card, Citizen business permits, etc. in a government department requires the citizen to pay a bribe. Why will the department change from this modus operandi when there are no penalties for non-performance?) 1. In a ten-member Selection Committee, 1. Selection Committee would comprise of two six are politicians, of which five will be politicians, four judges and head of two Selection of from the ruling party. (This kind of independent constitutional authorities. Lokpal system will increase the probability 2. The Search Committee would comprise of civil that a corrupt persons and those society members and retired constitutional favorable to ruling party are finally authorities. selected.) 3. A detailed selection process has been 2. Selection process will be decided by described, which would be transparent and Selection Committee. have people's participation.
  • 4. Government's Draft Anna Hazare's Jan Lokpal Accountability The members of Lokpal would be The accountability of the Lokpal members would be of Lokpal accountable to the government. Only to the public. Any citizen can file a petition in the Members government can file a petition in the Supreme Court for removal of a corrupt Lokpal Supreme Court for their removal. member. Corruption The members of Lokpal would be The accountability of the Lokpal members would be within Lokpal accountable to the government. Only to the public. Any citizen can file a petition in the Staff government can file a petition in the Supreme Court for removal of a corrupt Lokpal Supreme Court for their removal. member. Only group 'A' officers of the Central All the employees of Central Government will be Government would come under the under Lokpal's ambit. On similar patterns of Lokpal Jurisdiction of jurisdiction of Lokpal, while the lower level , Lokayaukta will be set up at state level and all the Lokpal officers and the state employees would be employees of state government will be under its left out. (So where would the common ambit. citizen go to complain about corruption in licensing, Panchayat, Schools, Hospitals, rations, etc.?) The CVC is responsible of protecting the It should be Lokpal's responsibility to protect the Whistleblower's whistleblowers. However, the CVC neither whistleblowers. The Lokpal has been given sufficient Protection has the capacity nor the legal powers powers for the same. required to protect whistleblowers. The power to remove officers lies with the The decision to remove a corrupt officer lies with a Removal of minister of that particular department. bench of Lokpal members which would hear such Corrupt (Since the minister also gets a cut out of cases in public. Officers the money that is taken as bribe, corrupt officers are rewarded rather than punished) Punishment Maximum punishment for corruption is 10 The maximum sentence is life imprisonment. for Corruption years. Officers senior in rank would attract stiffer punishment.