Out of context traditions and Inability to adapt- Can Gandhism really save us today?

(I would like to thank Ms. Shagun Chedda for getting me started on this topic)

There is no doubt in my mind and I am sure, in every Indian citizen’s mind that Mohandas Karamchand Gandhi, the man we Indians call the ‘Father of our Nation’, played the biggest role in assimilating the movement of the upper middle class educated barristers under the aegis of Congress, into a mass movement under the aegis of the Indian National Congress.

Following this recognition is the impending question- What would Gandhiji have done if he were alive today? Post this most reach the conclusion that we should adopt his methods and views to straighten everything that’s “wrong” in our country today. Before taking this question up for discussion, I would want to highlight what Gandhism or rather the more popular term ‘Gandhigiri’ means to the Indians in 21^st century. ‘Gandhigiri’, a term coined by a Hindi Movie in 2006 has replaced any other term that we may have used to categorize Gandhiji’s ideologies. Passive resistance (possibly the more appropriate term) has now been replaced by Gandhigiri but in doing so Gandhi has been reduced only to his method of Satyagraha that too in the wrong manner.

Satyagraha consists of two words Satya (truth) and Agraha (insistence to hold on to something, in this case insistence to hold on to the fast). It does not mean that one must use this to torment the government, or any institution or any person into giving into their demand. This method was devised by Gandhiji to fight against the repressive rulers for what the majority believed was the truth. Gandhigiri as I see it is one of the Gandhian methods, taken out of context and twisted around to suit those who wish to use it against the people in charge. Whatever happened to arguing and discussing your point out in a democracy!

But coming back to our discussion of Gandhian methods, we must note that Gandhi was a firm believer in Ahimsa; non-violence not only in action but also in terms of thoughts and feelings towards a fellow citizen. Hatred, even for those were “evil” was not acceptable because he always said ‘One must hate the sin and not the one who commits it’. Well, in today’s most famous example of Gandhigiri, The Anna Hazzare Movement, this has been surely forgotten. Satyagraha was carried on but under the aegis of this belief of Ahimsa and against a repressive rule. Applying this method in today’s India, well that’s surely forgetting the context in which it was used. This is one of the biggest problems we face in our country today. The practice or the tradition as we call it lives on but the context in which the practice itself evolved is always forgotten. Do we seriously believe that our never ending conflict with our neighboring country, Pakistan, can be ended using Satyagraha and Ahimsa? Can the Telengana issue be sorted out using passive resistance? The answer, and I trust everyone’s intelligence enough in this case, ought to be an emphatic NO. There has to be debate, discussion, active strategy to resolve issues as the conflict is now amongst ourselves and not a repressive ruler. I urge everyone to please not follow actions blindly, but to think about the context where it was first used and assess then if it’s the valid course of action or no.

Following any path blindly demonstrates our inability to adapt. Though the Gandhian principles have been adopted in our constitution under the section of ‘Directive Principles of State Policy’, should we really follow these to make India better off today?

“To organize village Panchayats”

The acceptance of the partition plan proposed by the British in 1947 relied on the belief of our leaders then that they wanted a nation with a powerful Center. We have witnessed the problems we have the state government spreading regionalism to the very core of Indian politics today. Even now should we believe that decentralization of power in India is the best approach? I am not against having Panchayats and state government. We know that are essential in administering the world’s largest democracy. However Panchayati Raj and its eventual culmination into the Ram Rajya; is this really the ideal for India as a nation today? I know, I wouldn’t trust myself with Ram Rajya for people stay just as long as there is an associated suffering with injustice that they fear. If there is no check, and hence no punishment and suffering, its only human for people to fall into devious lives.

“To promote cottage industries in rural India”

India is today considered to be a potential economic superpower. Everyone today throws around the terms growth rate and GDP very casually. But could concentration on small scale industries and cottage industries have gotten us here? Cottage industries seemed the right choice 60 years ago when in our nascent state of freedom we were trying desperately to be self sufficient. And that’s exactly what the goal of cottage industries in villages is, to make every economic agent self sufficient. But aren’t we beyond the stage where our economic goal is self sufficiency? Don’t we all talk of 10% economic growth on our dinner tables without really knowing what policies have been undertaken to attempt and achieve this?

We have to change and adapt. A policy recommendation made by Gandhiji 65 years ago cannot be relevant today, the same way a policy recommendation made today will become irrelevant within a decade. No one wants only a welfare state today. Economic growth has taken precedent over economic development and welfare in today’s world. And if we set other goals for ourselves, the world will not change for us but yes, we may lose out on the growth opportunities presented to us today. Gandhiji aimed for development and welfare first. We do not have to discard that goal but yes, we have to adapt. Economic development can be derived from further economic growth. And this is what we must do.

Out of context is out of rationale. Changing values, goals and ideologies will help us adapt to our world better. And in this globalised world, we cannot live in isolation, we have to move along with the world for otherwise we stand to be the losers, not anyone else.

Sadly, we have built immunity now.

The recent bombings in Agra for a moment upsets every Indian, but "our spirit to fight back" makes us move on. The frustration is no doubt there but it is like an annoying headache; you know it will disappear if you sleep on it. It seems that, there can be no two views, or two opinions here. Then why do I write alternatively India?

So, I am not going to post a prose/ essay on how something has to be done and all the hullabaloo that we see in the news, only for a day though, but just going to post something that was written on the day of the 13/7/ 2011 Mumbai serial blasts.

Hypocrites

-          Harini Dedhia

The Headlines flash-

“Mumbai back on its feet” and

“The Mumbai spirit fights back”

And in a momentary lapse of judgment

I applaud those sitting in the local trains

going back to work having dealt with it all.

Dealt, with it all?

Change it.

Change it to haven’t dealt with it at all.

It is good to stay in a city like Mumbai,

where no one interferes in your life

It is bad to stay in a city like Mumbai,

where no one cares for your life.

The spirits of the dead

desperately searching for “the spirit of Mumbai”.

A wasted search;

The spirit does not exist.

Oh! Just there! I see the spirit!

We demand answers from the government!

We BLAME our politicians for stooping down,

playing the dirty politics – the BLAME game.

What Hypocrites we are!

Ideal Solution

It has been quite some time since my first post and I apologize for the delay in preparing my next post. With so many events occurring and so many “popular opinions” being stated it takes time to grasp the situation and comment sensitively and sensibly on it.

“I believe that the real question before us as representatives of the people of India today is whether we are prepared to take the battle against corruption head on? It is not a matter of how the present impasse will resolve, it is a much greater battle. There are no simple solutions. To eradicate corruption demands a far deeper engagement and sustained commitment from each one of us.”

Almost every Indian today has been made to believe by the Anna Hazzare Movement that the passing of one Jan Lokpal bill is going to cure India of the corruption virus. Yet again we have the news media declare a war between groups and then decide its winner as well. On the fateful Saturday evening when Mr. Anna Hazzare decided to end his fast, “joy erupts amongst the common man of India” as “India wins battle against corruption”. The people have been made to falsely believe that the Jan Lokpal bill will be the single point solution to corruption. Here I would like to present you with a realistic case, almost a classic for all Mumbaikars. Switching lanes suddenly or breaking the traffic light leads to interaction with the traffic police. There is a choice to make here. Either pay the fine and get your license taken and go to the RTO office the next day to collect your license OR pay a bribe. And in this case I will not blame anyone giving a bribe as the system has an established process which is unnecessarily exhausting. So is having a Lokpal going to cure corruption? If I myself prefer giving the bribe to the established process by the system then how is a Lokpal monitoring the bureaucrats and government employees, going to heal the system? The system stays, my thought process stays, my want to give a bribe stays, the want to consume that bribe stays, corruption stays. The system needs to simplified and strengthened with mechanisms to cure corruption rather than curing corruption to strengthen the system.

But how to strengthen the system? There is no single formula really. There are processes which need to be refined and simplified so that the people do not adopt corrupt means. For example, after the success of the project in Thane distirct, the Setu project has been adopted by the Maharashtra government. Through this project, the basic certificates (such as the birth certificate) required by a citizen for any official purpose are issued almost instantaneously at organized camps for this purpose and with no requirement for a bribe. Hence these camps reduce the scope of corruption faced by the common man as he no longer needs to spend thousands of rupees to merely issue a birth certificate. Hence,

“An effective Lokpal law is the only one element in the legal framework to combat corruption. The Lokpal institution alone cannot be a substitute for a comprehensive anti-corruption code. Laws that address the following critical issues are necessary to stand alongside the Lokpal initiative

1.      Government funding of elections and political parties

2.      Transparency in public procurement

3.      Proper regulation of sectors that fuel corruption like land and mining

4.      Grievance redress mechanisms in public service delivery of old age pensions and ration cards.

5.      Continued tax reforms to evade tax evasions.”

The above five points encompasses almost every sector of corruption we see in India today. The crores of “party fund” spent during elections; transparency in public procurement so as to avoid another 2G; regulation of sectors where corruption is rampant to avoid another Yedyurappa scenario; mechanisms to ease, simplify and shorten the process to procure old age pensions, ration cards, to avoid the common man from paying bribes; and lastly tax reforms to evade tax evasion so as to curb private sector corruption. Can one Lokpal take care of these? Certainly not. The Lokpal can supposedly ensure curbing corruption within the government but is it stopping private individuals from evading taxes which is also a form of corruption? Think about the traffic police case. Would I rather pay the bribe or go through the entire process of procuring my license back?

“Why not elevate the Lokpal by making it a constitutional body accountable to the parliament like the election commission of India?”

The three pillars of the constitution for the proper governance in India are the administration, the legislature and the judiciary. Now within the constitution there are provisions to ensure that these three pillars are accountable to one another. The administration is accountable to the legislature and judiciary through various processes such as RTI. The legislature is accountable to the judiciary as a bill can be called for judicial review by the Supreme Court. The judiciary is accountable to the legislature as it is the legislature that appoints and impeaches the judges of the court of law. Who is the Lokpal accountable to? Are we naïve enough to believe that a body having unchecked power over those who are supposed to be in power is not going to get corrupt? I maybe too pro-constitutional so pardon me, but why should any institution made to check corruption and “cure our democracy” be above the constitution that lays the very foundation of this democracy? When no Member of Parliament, no Prime Minister, no IAS officer and no Supreme Court judge is above the constitution then why should the Lokpal be given this special status. If Lokpal is the answer to corruption it at least must be answerable to somebody! Giving it unchecked powers certainly undermines our constitution which has laid the foundation of our democracy.

“India’s biggest achievement is our democratic system. It is the life force of our nation”

The entire Anna Hazzare movement has laid the precedent of undemocratic processes and tested the tolerance of our government. For the first time in the history of an independent India, bypassing all the rules of procedure for conduction the house, the Honorable Speaker, used her discretionary powers to get the house to discuss the Jan Lokpal and more importantly the Anna Hazzare movement. What was the outcome? Victory against corruption or a three point resolution stating the assurance that the parliament will positively think about the three points laid down by Anna Hazzareji, Wait! Both the outcomes do not sound the same to me. There is no guideline as to how this thinking would happen. There is no time stipulation for anything. This is meaningless. Ofcourse, if you do not follow the rules of procedure, if you wish to bypass the standing committee to get a bill to the table, if you wish to bypass the entire democratic process laid down by the constitution then well, the outcome is not going to be very positive as it has been achieved through undemocratic means in a country which takes pride in being the largest functioning democracy in the world.

(The content presented within quotes in italics is from Mr. Rahul Gandhi’s speech in the Lok Sabha on 26^th August 2011. The entire speech is easily available on the web. I am not supporting anybody here, but yes I do support some ideas. )

The Union Law Minister on the Jan Lokpal Bill- A Must Read

Jan+Lokpal+Bill+would+lead+to+a+police+state%3A+Salman+Khurshid

Jan Lokpal Bill would lead to a police state: Salman Khurshid

Soma Banerjee, ET Bureau Aug 20, 2011, 07.13am IST

India will become a police state if Anna Hazare 's version of the Lokpal bill is accepted, according to Law Minister Salman Khurshid . The suggestions made by Hazare and his team for creating a tough anti-corruption institution go "against the federal fabric of our country", says Khurshid. Although it is not the best of times for a minister to hold forth on governance - when his government is facing a hostile opposition in the House and a belligerent civil society outside - Khurshid is candid about the government's hard line despite popular protests. In a frank conversation with ET , Khurshid talks about his government's position, its strategy and views on the Lokpal. Excerpts:

Team Anna has demanded that it is only the Jan Lokpal bill that can address the issue of corruption in a meaningful way. What are main objections to the bill?

We cannot accept what is being demanded as the Constitution does not allow us to do so. Accepting those provisions would mean transforming the democratic set up to a police state. The Jan Lokpal Bill calls for officers at every administrative level who'll carry out investigations and prosecutions. This would lead to creation of a police state. Second, they (Team Anna) want the Lokpal Bill to automatically come into effect at the state and central level.

This goes against the federal fabric of our country. They wanted death penalty for corruption, which they have now toned down to life imprisonment. Is that what our democracy is all about? They want the judiciary and the prime minister to be under the ambit of the Lokpal. We have suggested a judicial commission for the judiciary.

Team Anna wants the government to withdraw the current bill and introduce the Jan Lokpal bill instead. How will you break this logjam?

We hope to have a robust debate in the Parliament and appoint a strong Lokpal. The standing committee, or opposition members, can suggest amendments and these can be debated. On the demand that the current bill be withdrawn, I am not too sure if that is the way forward. Bills are withdrawn and sometimes they lapse but there are no instances where the government is forced to withdraw a bill under pressure.

Do you think the govt'strategy to disallow the protest failed?

I do not think we were wrong in doing what we did. We had been in discussions, we had hoped that they would see reason. There were other options too. For one, we could have allowed him (Hazare) to fast and lead demonstrations and waited till the matter went out of control. Who would have been responsible for not being able to handle the situation? The other would be to surrender and abdicate our responsibilities and allow them to play our role as lawmakers.

Can any MP agree to that? In hindsight, we have been able to get Anna & Co to see some reason. Their initial plan was 'fast unto death'. Then it changed to indefinite and, as of now, the fast is for a fortnight. Second, they have accepted medical supervision of Anna's health and Dr Naresh Trehan will be a part of the medical team. We will wait 'n' watch. We have to get down to a dialogue.

Don't you agree that the govt's failure to tackle the situation provided a ready platform to the opposition parties?

The opposition parties cannot deny the importance or the role of the Parliament. I do not think any one of them would be willing to surrender their responsibilities as lawmakers. How can a senior leader like Advani compare Anna being in jail to Emergency? Anna was held in jail for only eight hours. Comparing the situation to Emergency is to mock at the sacrifices during Emergency. Anna has stayed at Tihar Jail on his own will for three nights.

Do you think the government failed to read the pulse of the people?

Anna and Co are talking of a 40,000-odd crowd in one city. The Congress party has pulled crowds for decades together. One would want to know who all constitute the crowd. Do they know what they want? Do they want a police state? And, if they don't, then are they not being farcical? They need to understand what they are protesting against. Will the Lokpal end all corruption?

But won't you agree that corruption is a big issue today?

Yes, and we are working towards weeding out corruption. The Lokpal is a significant legislation in this regard. But this is not only about corruption. People today are more aware, empowered and demanding. They want a better quality of life. Economic prosperity and a vibrant democracy have helped increase awareness. Today, citizens know about their rights. The Land Rehabilitation Bill is a perfect example of this.

Proud of Our Democracy

Anna Hazzare is hailed today as democracy’s hero. Yes, he is the champion of democracy for he has managed to vividly explain the concept of democracy, at least to me. Democracy is a system that gives you the right to undemocratically protest against a government you yourself elect and not face any severe consequences for it. In the letter Mr. Anna Hazzare wrote to our Prime Minister, Dr. Manmohan Singh, he stated the purpose for his fasting as- “What are we asking for? We are not saying that you should accept the Bill drafted by us. But kindly create a credible platform for discussions, a joint committee with at least half members from civil society suggested by us”. Now, that was achieved some time ago. Yet, “not happy with the outcome” Mr. Anna Hazzare now has started his second ‘fasting’ stint with the intention of making this the Second War of Independence. The step-by-step blackmailing process has been invented!

The Freedom movement of today is here. Freedom to do what? Freedom to emotionally blackmail the government into doing exactly what you want it to do. He compares himself to the freedom fighters of British India but he forgets that they never emotionally blackmailed the British crown (not that British crown could ever be emotionally blackmailed) but fought valiantly and they sought to fight the imperialists and colonialist as democratically as they possibly could. Well, isn’t then the scenario today just the opposite?

Mr. Anna Hazzare is compared to the father of our nation. Well, then possibly there has been a slight error there. Gandhiji never ridiculed the British in his call for India’s freedom and progress. He fought with the intention of winning independence but not with the goal of finishing the British and that is a major difference. Mr. Anna Hazzare threatening tone against the Congress Government cannot be compared to Gandhiji’s moving speeches to encourage people to join him. If the British agreed to the terms of the INC back then, Gandhiji would have applauded them rather than presenting them with a further set of demands. Furthermore, Gandhiji did not think twice before calling off the Non-Cooperation Movement due to the unrest especially the Chauri-Chaura incident but Anna Hazzare himself has given the war cry and causing public disorder. People forget that loosing order back then would be acceptable as we were repressed and ruled upon by a foreign entity. But loosing order today when the government has been democratically elected by the people themselves and we are ruled by our chosen representatives, has hurt India’s image as a stable democracy.

Due to our liberal constituent assembly and especially its drafting committee, we have the right to free speech and expression. But there is also the section 499 of the Indian Penal Code which defines the law of defamation as exposing a man to hatred, ridicule or contempt. Hasn’t that been violated by team Anna on a public platform? Also, the freedom to assemble guaranteed by Article 19(1)(b) under Fundamental rights has been quoted many a times by some of the ignorant supporters of Mr. Anna Hazzare but they forget that there are limitations to this right. When the question of public order arises then assemblies in question can be considered unlawful and the police had warned Mr. Anna Hazzare about the same. Were they wrong in arresting him then? Can anyone ignore the instructions of the police and break the law and get away with it then? Are we not ridiculing our laws and our constitution then?

Stating the facts of what transpired on 16^th August 2011, the Prime Minister said “On the evening of August 15, 2011, Shri Anna Hazzare, through public statements, made it clear that he and his supporters would converge at Jai Prakash Narayan Park and defy the prohibitory orders under section 144 CrPC. Yesterday morning, Delhi Police reviewed the situation. Delhi Police came to the conclusion that it was clear that Shri Anna Hazzare and his supporters would commit a cognizable offence and there was a likelihood of a breach of peace. Hence, Shri Anna Hazzare and six others were arrested, as a preventive measure, under section 151/107 CrPC. They were taken to the Delhi Police Officers' Mess at Alipur Road and, subsequently, produced before a Magistrate. Delhi Police did not seek the police remand of the arrested persons. The Magistrate offered to release the arrested persons on their personal bonds subject to the condition that they would undertake not to violate the prohibitory orders. However, Shri Anna Hazzare and others refused to give such an undertaking or furnish personal bonds. Hence, the Magistrate remanded the arrested persons to 7 days judicial custody. Meanwhile, during the course of yesterday, about 2,603 persons were detained in Delhi when they were proceeding to or were in areas where prohibitory orders under section 144 CrPC were in force. All of them were released later in the evening yesterday.”

What the media conveniently telecasted was- “Anna Arrested” and a few hours later “Anna to remain in judicial custody for seven days”. The fact that he refused to pay the bond and hence the law left the magistrate with no option but that of judicial custody was never telecasted. Then Mr. Anna Hazzare was raised to a heroic stature and the news of him refusing to pay the surety bond was released. Well at least that he learnt right from Gandhiji. That however does not justify anything. In his speeches around the time of his second fast (16^th August2011), Mr. Anna Hazzare has been using the term Congress government instead of government infusing a doubt in my mind of the integrity of his cause. But I give him the benefit of the doubt here.

I am not against the cause he is putting forth but yes, I am against his actions and the implementation of his “Gandhian ideology” in today’s democratic India. The corruption affecting the common man the most is the one it faces from those in the administration and not the government which is strictly the executive. The traffic police constable who takes a bribe or the rationing officer is not the government and neither do they change every five years like our government. We need to attack that first for it affects our common man more and the Lok Pal bill does not do anything about it. If the grass-root is clean only then can we have the hope for a cleaner top brass. And one Lok Pal bill working top down will not help us.  So yes, Wake up! Fight corruption! But in the right direction. 

Yet again I state, I am not against Mr. Anna Hazzare’s cause. His idea of a corruption free India is a one shared by all the citizens of this magnificent nation but is his execution appropriate in a democratic setup? How does any citizen have the right to introduce a bill in the Lok Sabha? We have a legislature formed by the legislators we have elected ourselves for this purpose. And now the executive itself had introduced the bill in the Lok Sabha. What more should we ask for? Panchayati Raj works okay when we have a village with a population of thousands. The concept of direct democratic form with a population of over a billion is a bit impractical and inefficient and you don’t have to be a rocket scientist to realize this. If the Jan Lokpal comes into force then we will have a police state instead of a democratic one. And is there a guarantee that the Lokpal will not be corrupt? I do not think so.

I am proud of our democracy and our government for tolerating this movement with a calmness and composure. Bravo!