e,
the members of Social Justice Forum on Lokpal (SJFL) comprising Dalits,
Adivasis, other backward classes (OBCs), religious minorities, women
and all those in support of the cause of these marginalised people,
affirm that corruption in all its forms, expressions and ramifications
has to be weeded out/ rooted out and for the same, an effective Lokpal
at the centre and Lokayuktas in the states are necessary and even
imperative.
It is very shameful and even shocking that
corruption is omnipresent in every fabric of our power structure,
especially in the inequalities that determine social, political and
economic processes. Corruption in both public and private domains is a
matter of great concern for all citizens, particularly Dalits,
Adivasis and other marginalised communities.
We, the citizens belonging to the marginalised
communities, are subjected to all forms of corrupt practices that
include discrimination, exclusion and denial of access to rights,
entitlements and human dignity. We believe that these are worse forms
of corruption than those mentioned in various Lokpal bills. The very
definition of corruption tends to ignore the forms which subjugate and
further marginalise the weaker sections. Hence the definition should
be widened to include all forms of discriminatory and exclusionary
practices both in public and private sectors. Also, utmost care should
be given to include all forms of corruption in public and private
sectors in the final Lokpal Bill. Therefore we demand that corporate
frauds like misappropriation of natural resources, accumulation of
black money, tax evasion and negligence of corporate social
accountability should be included within the ambit of the revised
Lokpal Bill.
Our experience clearly indicates that law alone
cannot eradicate those forms of corruption that dehumanise,
discriminate and enslave people in the government as well as in the
private sectors. We need to challenge and change those systems and
structures that promote, justify and perpetuate corruption, especially
caste-based discrimination and atrocities against Dalits and Adivasis.
On the other hand, values such as social equity and equality should be
promoted, strengthened and safeguarded.
There are ample evidences and instances to assert
that Dalits and Adivasis are often made victims of false implications
due to their social and political vulnerability and caste prejudices
and perversion. Hence it is imperative that there should be adequate
legal and other safeguards in the bill to protect the interests and
sovereignty of Dalits, Adivasis, OBCs and religious minorities.
Hence we demand that the revised draft take into
account the perspectives and rightful constitutional safeguards of
Dalits, Adivasis, OBCs, religious minorities and women (and their
interests) and also incorporate their proportionate representation
both in the Search Committee/ selection committee in the Lokpal and
its investigating agencies.
The Constitution of India, framed by the founding
fathers of the nation under the esteemed leadership of Dr Babasaheb
Ambedkar, is still the best suited document of governance with its
parliamentary systems and practices. The special provisions for the
protection and advancement of Dalits, Adivasis, OBCs, religious
minorities and women, including the reservation system, are important
tools to ensure social justice in the country. This aspect should
never be sacrificed or weakened under any circumstances and for any
reason whatsoever. This will amount to gross violation of all human
rights laws and dictates of the inalienable qualities of humanity.
We learn that there are different versions of
Lokpal bills (the Lokpal Bill by the government, the Jan Lokpal Bill
by the Anna Hazare team and the NCPRI’s bill by Aruna Roy and others)
under consideration. We demand that the concerns and constitutional
safety net of all the marginalised communities be respected and given
utmost importance and priority in drafting the anti-corruption bill.
We also urge that the various versions of the
Lokpal Bill drafted by various groups, including the Jan Lokpal Bill,
require detailed and elaborate discussion, debate and public scrutiny
before it is enacted as law. We urge that the Lokpal Bill is a very
serious issue and it should be discussed in an open and transparent
manner in order to ensure the diverse opinions of all stakeholders. We
believe that the Parliament and the standing committee are important
constituencies in creating this space. Any hasty and haphazard
decision and enactment of the bill under any pressure will certainly
create a wedge in society and lead to greater damage to the
cohesiveness of the nation and destroy the highly celebrated values of
Indian nationalism and dearly nurtured sentiment of unity in
diversity.
Therefore we demand the following measures within a
specified time frame:
The government of India should:
1. Withdraw the Draft Lokpal Bill 2011 and dissolve
the parliamentary standing committee set up to consider the bill.
2. Constitute a new drafting committee consisting
of previous members of the drafting committee from the government and
civil society groups (Team Anna) in addition to representatives of
different political parties and wider civil society organisations,
including representatives from scheduled castes (SCs), scheduled
tribes (STs), OBCs, religious minority communities and women.
3. The revised draft adopted by the new drafting
committee shall be placed before Parliament; and the Parliament can
refer the revised bill to a new parliamentary standing committee for
wider consultations with various groups and communities, political
parties, within a specified time.
4. There should be due representation of SCs, STs,
OBCs, religious minorities and women in the Lokpal search committee,
in its selection committee and its investigating agencies.
5. The definition of corruption should be expanded
to include corporate corruption, corruption in NGOs, corruption in the
media, corruption in panchayats, municipalities, municipal
corporations, other autonomous local bodies and the judiciary, the
discriminatory and exclusionary practices suffered by SCs/STs/OBCs and
religious minorities, exploitation of labour like bonded labour,
forced labour, and all other forms of exploitation and discrimination.
6. Corruption should also include non-utilisation
of funds/ mis-utilisation of funds, diversion of funds meant for
scheduled castes under the Special Component Plan (SCP) and Tribal
Sub-Plan (TSP).
7. Corruption should also include the
discriminatory practices observed in educational institutions, from
primary education to higher and professional education. Denial of
reservation, fraudulence in affirmative action, against SCs/STs/OBCs
and religious minorities, ill-treatment of students from the above
communities and threat to their safety and interest in and outside
such educational institutions should also be treated as corrupt
practice and stringent action should be taken against the perpetrators
of such practices, institutions and teachers/ professors who practise,
encourage others to practise and also neglect such injustice when
brought to their notice.
8. In the present system, employees belonging to
SCs, STs, OBCs and religious minority communities are victimised due
to prejudices against them. We therefore demand that the complaints
received against persons belonging to these communities should be
first sent for vetting to the constitutional bodies established for
the protection of these groups.
