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Editor: NAGARAJA.M.R… VOL.6 issue. 6…… 08/02/2012

Editorial : Enact JANLOKPAL - An Appeal to Honourable Prime Minister of India , GOI
We have suffered enough due to corruption. We are deeply hurt and disappointed with any lack of a real and meaningful solution from you and your government. The Parliament session meant for passing Lokpal Bill was wasted by Unparliamentary behaviour of some MPs.

We want change, and we want accountability and we cannot wait any longer to have this! We will not vote for you if an effective anti-corruption bill is not enacted. Not the farce Lokpal Bill proposed by your government, but the peoples “Jan Lokpal Bill” which is more stringent than the ones proposed by GOI & Team Anna. We want strict and effective punishment for the corrupt. They MUST go to jail! Or you Mr. PM, along with your party, will fall from the people’s grace. We assure you, stand by us, and we will stand by you. The opposite will also hold true.

Your government has appointed a GoM to draft the Lokpal Bill. This GoM includes -
Sharad Pawar,Veerapa Moily and Kapil Sibal. Mr. Pawar and Mr. Moily have a past of allegations of corruption and mis-deeds that the entire country is aware of. Mr. Sibal does not feel there was corruption in the 2G scam. Having these people draft the anti-corruption law – is it not an insult to the people of India? How can the corrupt be asked to draft an anti-corruption bill? We urge you to consider the choice put forth by the people – credible names such as Justice Santosh Hegde, Prashant Bhushan, Shanti Bushan and others, to be part of the committee to draft the Lokpal Bill. Just look at the draft proposed by GOI , it has left out many public servants and tax evading corporate , industrialists (who are the origin & source of black money corruption) from lokpal ambit , only good thing is NGOs are included.

Shri Anna Hazare, one of the Greatest Social Reformers India has ever seen has demanded for a Lokpal which has the power to investigate & prosecute all public servants from peon to Supreme Court Judges , president of india. We urge you to immediately accept the demands of the people of India represented by the demands of Shri Anna Hazare lest the discontent among the people grows out of control.

The sentiments against rampant corruption in this country are quickly becoming as strong as those that led to the uprising in Tahrir Square. The honest and hardworking people of this country refuse to be innocent bystanders in the wholesale public looting that is taking place as you read this letter. We request your immediate and strong response to this concern of the people as corruption should be the top priority of your government. If the challenge is not met effectively and promptly, it has the potential of undermining every valuable effort made by upright citizens of this country over the last century - including you. It also has the potential of leaving your government with a legacy of shame.

Tahrir square can yet be a reality in India.

We trust you will take immediate steps to give us our solution, and not force us to take the above steps! Jai Hind. Vande Mataram.

Your’ssincerely, NAGARAJA.M.R. Citizen of India

Jan Lokpal Bill

The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.
Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.
Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."
Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill.
The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the "Joke Pal Bill." Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest.
The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill.

A look at the salient features of Jan Lokpal Bill:
1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up
2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.
3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.
4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.
5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.
6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.
7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.
8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.
9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.
10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

Occupy and its Indian sister movement are fighting the same battles

By Dr Kailash Chand OBE

From Greece to London; from Spain to Syria; from the occupiers in Zuccotti Park to the milling crowds at Ramlila ground - the forms are different but the anger and frustration of the people with the state of affairs is the same.
Be it the denial of human rights or economic deprivation, be it a clean system of governance or lack of transparency, be it price rise or corruption, the anger of the people is directed against those responsible for the manifold multiplication of their problems. It may be premature to draw parallels but only the naïve would miss the common thread running through such movements across the globe.

Analysts, many of whom represent the interests of the establishment are busy dishing out local, regional and social explanations for this world wide unrest because they would not likes to challenge the system that has benefitted them so long.
Sooner or later the world has to recognize that at the root of this unrest lies in the unviable economic system, concentration of power and wealth in a few hands and the unabashed corporate greed.
One cannot treat a malady without finding the bug that causes the ailment. People in the more advanced western democracies have been closer to the diagnosis while in countries like India we are striking at the symptoms of the disease.
While the slogans in the west are “one per cent versus 99 per cent”, “fight the rich, not their wars” and “human need, not corporate greed” the ire in India is directed against the scheming politician, the bribe taking babu or the Hawala trader with Swiss accounts.
In India the contribution of big business and the corporate world to the all prevailing corruption and social degeneration has not received the attention it deserves. Even the more ‘enlightened’ and ‘educated’ organizers and supporters of the Anna movement are silent on this issue. The western protester seems to be more aware of the reality.
The common man in India is perhaps too harassed by the day to day corruption, bribery, human rights violations etc to look beyond his nose and indentify the real culprit. In fact a section of the middle class is in awe of the corporate culture and views them as ‘achievers’ rather than ‘usurpers’. They are willing to be fodder for the corporate machine in the false hope of being in the driver’s seat sooner or later.
Their beliefs were strengthened by a corporate controlled media and entertainment industry that presented a rosy picture of the system run by them and a distorted picture of any economic system different than theirs.
Bedazzled by the glitter of wealth and extravagance; oblivious of the ugly reality that was clothed in an attractive attire of democracy and free market; the educated middle class in India has been behaving like hypnotised zombies.
The global discontent against the status quo is an indication that the zombies are coming out of the hypnotic spell. They may not be able to pin point the malady in political, social and economic terms but they are very near the mark.
The diehard supporters of the system are loath to admit this and are using all the tricks in the trade to ignore, belittle or defame this movement. One finds a striking similarity in the tactics of the critics of the occupiers and the detractors of the Anna movement.
They have been called naive, directionless and trouble makers. They have been called commies in the US and lefties in India. On their part the protesters have set up kitchens, organized medical care set up information cells and taken extreme care to prevent the protests turning violent be it the Zuccotti Park or the Ramlila ground.
Such commentators are either divorced from reality or are consciously trying to prevent the inevitable: the overthrow of an unviable, undemocratic, one sided political and economic dispensation. The weaknesses of capitalism stand exposed. It is not only a bad economic system but a poor democracy as well.
The real face of democracy is apparent from the fact that the biggest exporter of democracy is busy these days firing plastic bullets and tear gas shells on the protestors.
This what Stephen Lendman, radio host and author says about the system:
“Whoever controls the power of money has supreme power.
“The bankers in Wall Street have the power of money and literally run the government. Goldman Sachs runs the government, JPMorgan Chase, Bank of America - they run the government. This has to stop. The people in the streets across America have to understand this and demand that the power of money returns to the Congress.”
Recent reports from the US have exposed the tall claims of this country on human rights and freedom to protest.
Boston Mayor Thomas Menino told the local Fox 25 News in Boston:
“Civil disobedience will not be tolerated.”
Another report says:
“A new chapter in the annals of American police brutality has been written, as two Vietnam war veterans who joined Occupy Boston protests suffered injuries after being beaten by police and arrested along with some 50 other demonstrators.”
The Guardian reported:
“In New York a section of Occupy Wall Street protesters are planning a “millionaires march” to wealthy Manhattan residents’ homes.
“The action is being planned by UnitedNY, the Strong Economy for All Coalition, the Working Families Party, and New York Communities for Change, all of whom helped swell the largest Occupy Wall Street march so far last Wednesday”.
If the ‘experts’ are unable to see a precursor of a class division in the “millionaires march” they are either pretending or being a bit too clever.
The Indian middle class and their largely apolitical leadership have not yet grasped the dangerous dimensions of the ‘new world order’. The middle class is being rapidly pushed downwards as a result of price rise, increased cost of housing and shrinking job opportunities. The agriculture sector, an important component of Indian economy is severely affected by a slow growth.
On the other hand despite recession the number of the super rich has gone up. India has 55 billionaires, according to 2011 Forbes’ list. The combined fortune of the wealthiest citizens in India was pegged at about $247 billion by Forbes, which was well above 2010 total of $222 billion.
India has been aptly called “a rich country, where poor live.”
Indian rulers are ignoring the writing on the wall and are persisting with implementation of a western style economic system. And the common man is yet to realize and see the negative impact of corporate greed and power on their day to day life.
They dictate government policies; they corrupt government officials and have no hesitation in sabotaging the public sector enterprise. While they pay a pittance to their employees they fix absurd and astronomical salaries for themselves and their CEOs at the cost of shareholders. They oppose subsidy for the poor but want more for themselves in the form of SEZs, excise concessions and tax holidays.
How much they owe to the nation in the form of bank default, tax arrears, and Swiss Bank Accounts is not revealed to the nation. The tree of corruption gets its nutrition through its corporate roots. The wily politician, the bribe taking bureaucrat, the crafty middle man; they are all the front men of the corporate word.
Despite all this they are projected as image builders and flag bearers of the nation by the corporate controlled media and governments alike.
Successive governments of the “free world” have not only allowed this pathological greed for money to flourish but have actually helped it to grow into a monster that is threatening to devour the very system that created it.
This monster is not only cornering all the wealth and resources but is devouring the very fabric of society. Ethics and morality have been relegated to the background; money, money and more money is the modern mantra of success.
Gone are the days when intellectuals, poets, teachers, philosophers were the role models. The role models today are the successful and the only parameter of success is accumulation of assets or wealth for their companies.
The destruction of the value system, the deterioration of living standards, the concentration of wealth in a few hands and the blatant misuse of money as power to manipulate governments was bound to take its toll. The frustration, the anger and despair has burst out in the form of a global protest. The 99 per cent in the US are already braving plastic bullets and tear gas shells of the one per cent.
Whether the anger and frustration of the Indian 99 per cent translate into a struggle for economic equality and justice is yet to be seen. Will the Indian David be able to stand up to the corporate Goliath? Will the proponents of globalization of business in India get a taste of globalization of protest?
In the absence of a competent leadership there is always the danger of this movement losing its way.
World over there is a huge a vacuum of leadership for many reasons. The society has been systematically depoliticized by a corporate controlled media and entertainment industry. One hardly comes across a movie, a TV serial or a theater show that highlights any social issues. The emphasis is on religion, superstition and fundamentalism.
In such circumstances what type of leadership can one hope for?
The mainstream left has not just abdicated its responsibility but has covertly crossed the fence.
What is left of the left has been so demonized by the corporate controlled media that many genuine activists are avoiding the label. David stands alone with his sling broken and half the stones stolen. It is a tribute to his grit that he is still standing.
In fact the people are ahead of the leaders. Whether or not the protests evolve into a significant political force with a clear agenda or a concrete set of demands remains to be seen.
For this to happen, India needs more than anything a mass social and political movement to reassert the democratic control over the economy and the State and to effectively end the control of the corporate-driven neoliberal capitalism. The ‘Occupy Wall Street’ movement offers just the spark to trigger such a movement needed in India.
Will the civil society throw up a leadership that has the political maturity to indentify the genesis of the present moral, social, political and economic crisis? Will the progressive left in India rise to the occasion and grab this opportunity?

Occupy Wall Street and India's struggle against corruption have much in common, but Occupy goes much beyond ..

By Devinder Sharma

The screaming headlines provide insight into the dichotomy that prevails in our society. This newspaper reported that in Chandigarh alone (in northwest India) Rs 80-crore worth of gold ornaments and nearly 800 cars were sold on the occasion of Dhanteras. Far away in Patna, Rs 400-crore were withdrawn on the same day from ATMs. It seems buying metals on this auspicious occasion had beaten all records.

Most families consider Dhanteras to be an auspicious occasion to buy gold and silver. Unfortunately for them, the prices of these precious metals have gone through the roof in the last few months, making it difficult for many to buy even a coin of few grams. Completely unable to comprehend the reasons behind such high price-rise, many of them can be heard asking, “Why have gold prices increased so much”?

Little do they know that the unprecedented escalation in gold prices is only because of speculation in which just one per cent of the investors are raking in huge profits while 99 per cent end up paying through the nose. This in short is the essence of the slogan, ‘We are the 99 per cent’, that is sweeping across the continents. More than 950 cities in 82 countries have seen thousands of people streaming in to the roads, squares and the parks to protest against economic inequalities. What began as a silent sit-in by a handful of protesters in the Wall Street -- the financial capital of the world -- New York a month back, has now spread like a wildfire.

In India too, some groups, including the Communist Party, have launched of the Indian version ‘Occupy Dalal Street’ from Nov 4.

Well, before we follow the global trends let me take you back to the days when petrol price internationally had shot up to $ 140 a barrel. This was barely two years back in 2009, just before the world witnessed an economic meltdown. I remember even Prime Minister Manmohan Singh saying that he wasn’t sure whether it was because of a slump in production or rise in demand. The fact is the stupendous rise in oil prices was not because of supply-demand constraints. It was simply because of speculation in trading. The companies which have invested in its stocks on the Wall Street try best to garner more profits.

Oil prices subsequently slumped to a low of $ 40 a barrel. From $ 140 a barrel to $ 40 a barrel certainly proves that demand had nothing to do with prices. It was all in the game of speculation.

In lot many ways Anna Hazare’s movement against corruption looked similar. But while, Team Anna is crusading for the removal of graft from public life, Occupy movement goes much beyond and hits at the very foundations of the growing inequalities. Removing corruption will make available more resources for development activities, and as Swami Ramdev has been saying bringing back Rs 400 lakh crore of black money stacked abroad will make available abundant resources that can be ploughed back to fight poverty and hunger.

Removing corruption is certainly the crying need. But what makes Swami Ramdev and Anna Hazare’s struggle against corruption and black money different from Occupy campaign is that while you may not have to pay underhand for getting admission for you child in a school or a university but you will still end up pay exorbitantly for the gold ornaments that you need to buy for your daughter’s marriage. You will still continue to pay dearly and periodically for hike in petrol and diesel prices. You will end up paying more not because of supply demand constraints, but because some people are raking in more money through speculations in trading. You and I eventually pay for the greed of one per cent people.

Occupy movement is a global struggle for a decent living. It hits at the very fundamental of the growing economic disparities, the inequalities and injustice that prevails.

OCCUPY WALL STREET

Occupy Wall Street is the original protest that began the worldwide movement beginning September 17, 2011 in Zuccotti Park, located in New York City's Wall Street financial district, initiated by the Canadian activist group Adbusters. The protests are against social and economic inequality, high unemployment, greed, as well as corruption and the undue influence of corporations on government—particularly from the financial services sector. The protesters' slogan We are the 99% refers to the growing income and wealth inequality in the U.S. between the wealthiest 1% and the rest of the population. The protests in New York City have sparked similar Occupy protests and movements around the world.

In a blog post from July 13, 2011, the Canadian-based Adbusters Media Foundation, best known for its advertisement-free, anti-consumerist magazine Adbusters, proposed a peaceful occupation of Wall Street to protest corporate influence on democracy, the absence of legal repercussions for those behind the recent global financial crisis, and a growing disparity in wealth.^[5][6] They sought to combine the symbolic location of the 2011 protests in Tahrir Square with the consensus decision making of the 2011 Spanish protests.^[7] Adbusters' senior editor, Micah White, said they had suggested the protest via their email list and it "was spontaneously taken up by all the people of the world.”^[6] Adbusters' website said that from their "one simple demand, a presidential commission to separate money from politics," they would "start setting the agenda for a new America."^[8] They promoted the protest with a poster featuring a dancer atop Wall Street's iconic Charging Bull statue.^[9][10]

The internet group Anonymous encouraged its readers to take part in the protests, calling for protesters to "flood lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for a few months."^[11][12] Other groups began to join in the organization of the protest, including the U.S. Day of Rage^[13] and the NYC General Assembly, which became the governing body of Occupy Wall Street.^[14] The protest itself began on September 17; a Facebook page for the demonstrations began two days later on September 19 featuring a YouTube video of earlier events. By mid-October, Facebook listed 125 Occupy-related pages, and roughly one in every 500 hashtags used on Twitter—all over the world—was the movement's own #OWS.^[15]

Adbusters' Kalle Lasn, when asked why it took three years after the implosion of Lehman Brothers for people to begin protesting, said that after the election of President Barack Obama there was a feeling among the young that he would pass laws to regulate the banking system and "take these financial fraudsters and bring them to justice." However, as time passed, "the feeling that he's a bit of a gutless wonder slowly crept in" and they lost their hope that his election would result in change.^[16]

Zuccotti Park, the site of the occupation, was chosen because it was private property and police could not legally force protesters to leave without being requested to do so by the property owner.^[17] At a press conference held on the same day as the protests began, New York City mayor Michael Bloomberg explained, "people have a right to protest, and if they want to protest, we'll be happy to make sure they have locations to do it."^[14] Writing for CNN, Sonia Katyal and Eduardo Peñalver said that "a straight line runs from the 1930s sit-down strikes in Flint, Michigan, to the 1960 lunch-counter sit-ins to the occupation of Alcatraz by Native American activists in 1969 to Occupy Wall Street. Occupations employ physical possession to communicate intense dissent, exhibited by a willingness to break the law and to suffer the -- occasionally violent -- consequences."^[18]

More immediate prototypes for Occupy Wall Street are the British student protests of 2010, Greece and Spain's anti-austerity protests of the "indignados" (indignants), as well as the Middle East's Arab Spring protests. These antecedents have in common with Occupy Wall Street a reliance on social media and electronic messaging to circumvent the authorities, as well as the feeling that financial institutions, corporations, and the political elite have been malfeasant in their behavior toward youth and the middle class.^[19][20] Occupy Wall Street, in turn, gave rise to the Occupy movement in the United States and around the world.^[21][22][23]

[edit] The 99%

The phrase "The 99%" is a political slogan of "Occupy" protesters.^[30] It was originally launched as a Tumblr blog page in late August 2011.^[31][32] It refers to the vast concentration of wealth among the top 1% of income earners compared to the other 99 percent, and indicates that most people are paying the price for the mistakes of a tiny minority.^[19][33] Paul Taylor, executive vice president of the Pew Research Center told NPR that the slogan is "arguably the most successful slogan since 'Hell no, we won't go,' going back to the Vietnam era." According to Taylor, majorities of Democrats, independents and Republicans see the income gap as a cause of friction in the United States.^[34]
The top 1 percent of income earners have more than doubled their income over the last thirty years according to a Congressional Budget Office (CBO) report.^[35] The report was released just as concerns of the Occupy Wall Street movement were beginning to enter the national political debate.^[36] According to the CBO, between 1979 and 2007 the incomes of the top 1% of Americans grew by an average of 275%. During the same time period, the 60% of Americans in the middle of the income scale saw their income rise by 40%. Since 1979 the average pre-tax income for the bottom 90% of households has decreased by $900, while that of the top 1% increased by over $700,000, as federal taxation became less progressive. From 1992-2007 the top 400 income earners in the U.S. saw their income increase 392% and their average tax rate reduced by 37%.^[37] In 2009, the average income of the top 1% was $960,000 with a minimum income of $343,927.^[38][39][40]
In 2007 the richest 1% of the American population owned 34.6% of the country's total wealth, and the next 19% owned 50.5%. Thus, the top 20% of Americans owned 85% of the country's wealth and the bottom 80% of the population owned 15%. Financial inequality (total net worth minus the value of one's home)^[41] was greater than inequality in total wealth, with the top 1% of the population owning 42.7%, the next 19% of Americans owning 50.3%, and the bottom 80% owning 7%.^[42] However, after the Great Recession which started in 2007, the share of total wealth owned by the top 1% of the population grew from 34.6% to 37.1%, and that owned by the top 20% of Americans grew from 85% to 87.7%. The Great Recession also caused a drop of 36.1% in median household wealth but a drop of only 11.1% for the top 1%, further widening the gap between the 1% and the 99%.^[42][43][44] During the economic expansion between 2002 and 2007, the income of the top 1% grew 10 times faster than the income of the bottom 90%. In this period 66% of total income gains went to the 1%, who in 2007 had a larger share of total income than at any time since 1928.^[24] This is in stark contrast with surveys of US populations that indicate an "ideal" distribution that is much more equal, and a widespread ignorance of the true income inequality and wealth inequality.^[45]

[edit] Goals

Protesters targeted Wall Street because of the part it played in the economic crisis of 2008 which started the Great Recession. They say that Wall Street's risky lending practices of mortgage-backed securities which ultimately proved to be worthless caused the crisis, and that the government bailout breached a sense of propriety, and created a state of moral hazard in the banking industry. The protesters say that Wall Street recklessly and blatantly abused the credit default swap market, and that the instability of that market must have been known beforehand. They say that the guilty parties should be prosecuted.^[23]
The protesters want, in part, more and better jobs, more equal distribution of income, bank reform, and a reduction of the influence of corporations on politics,^[46][47] which they sometimes refer to as corporatocracy.^[48][49] Adbusters co-founder Kalle Lasn has compared the protests to the Situationists and the Protests of 1968 movements.^[23][50] and addresses critics saying that while no one person can speak for the movement, he believes that the goal of the protests is economic justice, specifically, a "transaction tax" on international financial speculation, the reinstatement of the Glass-Stegall Act and the revocation of corporate personhood.^[7]
Some journalists have criticized the protests saying it is hard to discern a unified aim for the movement, while other commentators, such as Douglas Rushkoff, have said that although the movement is not in complete agreement on its message and goals, it does center on the problem that "investment bankers working on Wall Street [are] getting richer while things for most of the rest of us are getting tougher". According to Rushkoff, "... we are witnessing America's first true Internet-era movement, which -- unlike civil rights protests, labor marches, or even the Obama campaign -- does not take its cue from a charismatic leader, express itself in bumper-sticker-length goals and understand itself as having a particular endpoint".^[46]
The General Assembly, the governing body of the OWS movement, has adopted a “Declaration of the Occupation of New York City,” which includes a list of grievances against corporations,^[51] and to many protesters a general statement is enough. However, saying, "‘Power concedes nothing without a demand' " others within the movement have favored a fairly concrete set of national policy proposals.^[52] One group has written an unofficial document, "The 99 Percent Declaration”, that calls for a national general assembly of representatives from all 435 congressional districts to gather on July 4, 2012, to assemble a list of grievances and solutions.^[53][54][55] OWS protesters that prefer a looser, more localized set of goals have also written a document, the Liberty Square Blueprint,^[56] a wiki page edited by some 250 occupiers and still undergoing changes. Written as a wiki the wording changes, however, an early version read: "Demands cannot reflect inevitable success. Demands imply condition, and we will never stop. Demands cannot reflect the time scale that we are working with."^[53] The Guardian interviewed OWS and found three main demands: get the money out of politics; reinstate the Glass-Steagall act; and draft laws against the little-known loophole that currently allows members of Congress to pass legislation affecting Delaware-based corporations in which they themselves are investors.^[57]

JANLOKPAL BILL

Jan Lokpal Bill version 1.8

An act to create effective anti-corruption and grievance redressal systems at centre so that effective

deterrent is created against corruption and to provide effective protection to whistleblowers.

1. Short title and commencement:- (1) This Act may be called the Anti-Corruption, Grievance

Redressal And Whistleblower Protection Act, 2010.

(2) It shall come into force on the one hundred and twentieth day of its enactment.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1) “Action” means any action taken by a public servant in the discharge of his functions as such public

servant and includes decision, recommendation or finding or in any other manner and includes

willful failure or omission to act and all other expressions relating to such action shall be construed

accordingly;

(2) “Allegation” in relation to a public servant includes any affirmation that such public servant-

(a) has indulged in misconduct, if he is a government servant;

(b) has indulged in corruption

(3) “complaint” includes any grievance or allegation or a request by whistleblower for protection and

appropriate action.

(4) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or

under the Prevention of Corruption Act, 1988;

Provided that if any person obtains any benefit from the government by violating any laws or rules,

that person along with the public servants who directly or indirectly helped that person obtain

those benefits, shall be deemed to have indulged in corruption.

(5) “Government” or “Central Government” means Government of India.

(6) “Government Servant” means any person who is or was any time appointed to a civil service or post

in connection with the affairs of the Central Government or High Courts or Supreme Court either on

deputation or permanent or temporary or on contractual employment but would not include the

judges.

(7) “grievance” means a claim by a person that he sustained injustice or undue hardship in

consequence of mal-administration;

(8) “Lokpal” means

a. Benches constituted under this Act and performing their functions as laid down under

various provisions of this Act; or

b. Any officer or employee, exercising its powers and carrying out its functions and

responsibilities, in the manner and to the extent, assigned to it under this Act, or under

various rules, regulations or orders made under various provisions of this Act.

c. For all other purposes, the Chairperson and members acting collectively as a body;

(9) “Mal-administration” means action taken or purporting to have been taken in the exercise of

administrative function in any case where,-

a. such action or the administrative procedure or practice governing such action is

unreasonable, unjust, oppressive or improperly discriminatory; or

b. there has been willful negligence or undue delay in taking such action or the administrative

procedure or practice governing such action involves undue delay;

(10)“Misconduct” means misconduct as defined in CCS Conduct Rules and which has vigilance angle.

(11)"public authority" means any authority or body or institution of self- government established or

constituted—

a. by or under the Constitution;

b. by any other law made by Parliament;

c. by notification issued or order made by the Government, and includes any body owned,

controlled or substantially financed by the Government;

(12)“Public servant” means a person who is or was at any time,-

(a) the Prime Minister;

(b) a Minister;

(d) Judges of High Courts and Supreme Court;

(e) a Government servant;

(f) the Chairman or Vice-Chairman (by whatever name called) or a member of a local

authority in the control of the Central Government or a statutory body or corporation

established by or under any law of the Parliament of India, including a co-operative

society, or a Government Company within the meaning of section 617 of the

Companies Act, 1956 and members of any Committee or Board, statutory or nonstatutory,

constituted by the Government;

(g) Such other authorities as the Central Government may, by notification, from time to

time, specify;

(13)“Vigilance angle” includes –

(a) All acts of corruption

(b) Gross or willful negligence; recklessness in decision making; blatant violations of systems and

procedures; exercise of discretion in excess, where no ostensible/public interest is evident;

failure to keep the controlling authority/superiors informed in time

subordinates on complaints of corruption or dereliction of duties or abuse of office by the

subordinates

(d) Indulging in discrimination through one’s conduct, directly or indirectly.

(e) Victimizing Whistle Blowers

(f) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant

factors, would reinforce a conclusion as to the presence of vigilance angle in a case.

(g) Make unfair investigation or enquiry to either unduly help culprits or fabricate the innocent.

(h) Any other matter as notified from time to time by Lokpal

(14)“Whistleblower” is any person who faces threat of (1) professional harm, including but not limited

to illegitimate transfers, denial of promotions, denial of appropriate perks, departmental

proceedings, discrimination or (2) physical harm or (3) is actually subjected to such harm; because

of either making a complaint to Lokpal under this Act or for filing an application under Right to

Information Act.

3. Establishment of the institution of Lokpal and appointment of Lokpal:

(1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten

members along with its officers and employees. The Lokpal shall be headed by its Chairperson.

(2) The Chairperson and members of Lokpal shall be selected in such manner as laid down in this

Act.

(3) A person appointed as Chairperson or member of Lokpal shall, before entering upon his office,

make and subscribe before the President, an oath or affirmation in the form as prescribed.

(4) The Government shall appoint the Chairperson and members of the first Lokpal and set up the

institution with all its logistics and assets within six months of enactment of this Act.

(5) The Government shall fill up a vacancy of the Chairperson or a member caused due to

a) Retirement, 3 months before the member or the Chairperson retires.

b) Any other unforeseen reason, within a month of such vacancy.

Chairperson and Members of Lokpal

4. The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and

members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of

any State and shall not hold any office or trust of profit (other than the office as Chairperson or

member) or would have ever been connected with any political party or carry on any business or

practice any profession and accordingly, before he enters upon his office, a person appointed as the

Chairperson or member of Lokpal shall-

(i) if he holds any office of trust or profit, resign from such office; or

(ii) if he is carrying on any business, sever his connection with the conduct and

management of such business; or

(iii) if he is practicing any profession, suspend practice of such profession.

(iv) If he is associated directly or indirectly with any other activity, which is likely cause

conflict of interest in the performance of his duties in Lokpal, he should suspend his

association with that activity.

Provided that if even after the suspension, the earlier association of that person with

such activity is likely to adversely affect his performance at Lokpal, that person shall

not be appointed as a member or Chairperson of Lokpal.

5. Term of office and other conditions of service of Lokpal– (1) A person appointed as the Chairperson

or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his

office;

Provided further that.-

(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the

President, resign his office;

(b) the Chairperson or member may be removed from office in the manner provided in

this Act.

(2) There shall be paid to the Chairperson and each member every month a salary equal to that of the

Chief Justice of India and that of the judge of the Supreme Court respectively;

(3) The allowances and pension payable to and other conditions of service of the Chairperson or a

member shall be such as may be prescribed;

Provided that the allowances and pension payable to and other conditions of service of the

Chairperson or members shall not be varied to his disadvantage after his appointment.

(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions

payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of

India.

(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the

Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account

of investigations by Lokpal shall also be deposited by the Government. Disposal of such fund shall be

completely at the discretion of the Lokpal and such fund shall be used only for

enhancement/upgradation/extension of the infrastructure of Lokpal.

(6) The Chairperson or members shall not be eligible for appointment on any position in Government of

India or Government of any state or for fighting elections, if he has ever held the position of the

Chairperson or a member for any period.

Provided however that a member or Chairperson may be reappointed for one more term or a member

may be appointed as the Chairperson, however, that any person shall not serve for more than a total of

two terms.

6. Appointment of the Chairperson and members:

1. The Chairperson and members shall be appointed by the President on the recommendation of a

selection committee.

2. Following persons shall not be eligible to become Chairman or Member in Lokpal:

(a) Any person who was ever chargesheeted for any offence under IPC or PC Act or was ever

penalized under CCS Conduct Rules.

(b) Any person who is less than 40 years in age.

3. At least four members of Lokpal shall have legal background.

4. The members and Chairperson should have unimpeachable integrity and should have

demonstrated their resolve and efforts to fight against corruption in the past.

5. A selection committee consisting of the following shall be set up:

a. The Chairpersons of both Houses of Parliament

b. Two senior most judges of Supreme Court

c. Two senior most Chief Justices of High Courts.

d. All Nobel Laureates of Indian Origin

e. Chairperson of National Human Rights Commission

f. Last two Magsaysay Award winners of Indian origin

g. Comptroller and Auditor General of India

h. Chief Election Commissioner

i. Bharat Ratna Award winners

j. After the first set of selection process, the outgoing members and Chairperson of

Lokpal.

6. The seniormost judge of Supreme Court shall act as the Chairperson of the selection committee.

7. The following selection process shall be followed:

a. Recommendations shall be invited through open advertisements in prescribed format.

b. Each person recommending shall be expected to justify the selection of his candidate

giving examples from the past achievements of the candidate.

c. The list of candidates along with their recommendations received in the format

mentioned above shall be displayed on a website.

d. Each member of the selection committee, on the basis of the above material, shall

recommend such number of names as there are vacancies.

e. A priority list shall be prepared with the candidate receiving recommendations from

maximum number of members of selection committee at the top. The candidates

recommended by same number of members shall be treated at par.

f. This priority list shall be displayed on the website.

g. Around three times the names as there are vacancies, shall be shortlisted from the top.

h. Public feedback shall be invited on the shortlisted names by putting these names on the

website.

i. The selection committee may decide to use any means to collect more information

about the background and past achievements of the shortlisted candidates.

j. Selection committee shall invite shortlisted candidates for discussions, video recordings

of which shall be made public.

k. All the material obtained so far about the candidates shall be made available to each

member of the selection committee in advance. The members shall make their own

assessment of each candidate.

l. The selection committee shall meet and discuss the material so received about each

candidate. The final selections for the Chairperson and members shall be made

preferably through consensus.

Provided that if three or more members, for reasons to be recorded in writing, object to

the selection of any member, he shall not be selected.

m. All meetings of selection committee shall be video recorded and shall be made public.

8. The Prime Minister shall recommend the names finalized by the selection committee to the

President immediately, who shall order such appointments within a month of receipt of the

same.

9. If any of the members of the selection committee retires while a selection process is going on,

that member will continue on the selection committee till the end of that process.

7. Removal of Chairperson or members-

(1) The Chairperson or any member shall not be removed from his office except by an order of the

President.

(2) They can be removed on one or more of the following grounds:

a. Proved misbehavior

b. Professional or physical incapacity

c. If he is adjudged to be insolvent

d. Has been charged of an offence which involves moral turpitude

e. If he engages during his term of office in any paid employment outside the duties of his

office

f. Has acquired such financial interests or other interests which are likely to affect

prejudicially his functions as member or Chairperson.

g. If he is guided by considerations extraneous to the merits of the case either to favor

someone or to implicate someone through any act of omission or commission.

h. If any member or Chairperson tries to or actually unduly influences any government

functionary.

i. If he commits any act of omission or commission which is punishable under Prevention

of Corruption Act or is a misconduct.

j. If a member or the Chairperson in any way, concerned or interested in any contract or

agreement made by or on behalf of the Government of India or participates in any way

in the profit thereof or in any benefit or emolument arising there from otherwise than

as a member and in common with the other members of an incorporated company, he

shall be deemed to be guilty of misbehavior.

(3) The following process shall be followed for the removal of any member or Chairperson:

(a) Any person may move an application/petition before the Supreme Court seeking removal of

one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal

and providing evidence for the same.

(b) Supreme Court will hear the matter by a bench of three or more Judges on receipt of such

petition and may take one or more of the following steps:

(i) order an investigation to be done by a Special Investigation Team appointed by the

Supreme Court if a prima facie case is made out and if the matter cannot be judged based on

affidavits of the parties. The Special Investigation Team shall submit its report within three

months.

(ii) Pending investigations under sub-clause (i) by Special Investigation Team, the

Supreme Court may decide to order withdrawal of part or complete work from that member.

(iii) dismiss the petition if no case is made out

(iv) if the grounds are proved, recommend to the President for removal of the said

member or Chairperson

(v) direct registration and investigation of cases with appropriate agencies if there is

prima facie case of commission of an offence punishable under Prevention of Corruption

Act.

Supreme Court.

Provided that if there are any proceedings going on against any judge in Lokpal, he shall not

be a part of either the panel or the bench.

(d) The Supreme Court shall not dismiss such petitions in liminae.

(e) If the Supreme Court concludes that the petition has been made with mischievous or

malafide motives, the Court may order imposition of fine or imprisonment upto one year

against the complainant.

(f) On receipt of a recommendation from the Supreme Court under this section, the Prime

Minister shall recommend it to the President immediately and the President shall order

removal of said members within a month of receipt of the same.

Powers and Functions of Lokpal

8. Functions of Lokpal: (1) Lokpal shall be responsible for receiving:

(a) Complaints where there are allegations of such acts of omission or commission which are

punishable under Prevention of Corruption Act

(b) Complaints where there are allegations of misconduct by a government servant

(d) Complaints from whistleblowers

(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of

the following actions:

a. Close the case if prima facie, the complaint is not made out or

b. Initiate prosecution against public servants as well as those private entities which

are party to the act

c. Order imposition of appropriate penalties under CCS Conduct Rules

Provided that if an officer is finally convicted under Prevention of Corruption

Act, major penalty of dismissal shall be imposed on such government servant.

d. Order cancellation or modification of a license or lease or permission or contract or

agreement, which was the subject matter of investigation.

e. Blacklist the concerned firm or company or contractor or any other entity involved

in that act of corruption.

f. Issue appropriate directions to appropriate authorities for redressal of grievance in

such time and in such manner as is specified in the order.

g. Invoke its powers under this Act if its orders are not duly complied with and ensure

due compliance of its orders.

h. Take necessary action to provide protection to a whistleblower as per various

provisions of this Act.

(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses

(1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.

(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make

such changes in their work practices, administration or other systems so as to reduce the scope and

possibility for corruption, misconduct and public grievances.

(5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of

imposing penalties under CCS Conduct Rules.

(6) Section 19 of Prevention of Corruption Act shall be deleted.

(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to

be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to

have been granted once Lokpal grants such permissions.

9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal

(a) has reason to believe that any person. –

(i) to whom a summon or notice under this Act, has, been or might be issued,

will not or would not produce or cause to be produced any property, document

or thing which will be necessary or useful for or relevant to any inquiry or other

proceeding to be conducted by him;

(ii) is in possession of any money, bullion, jewellery or other valuable article or

thing and such money, bullion, jewellery or other valuable article or thing

represents either wholly or partly income or property which has not been

disclosed to the authorities for the purpose of any law or rule in force which

requires such disclosure to be made; or

(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will

be served by a general search or inspection,

he may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to

conduct a search or carry out an inspection in accordance therewith and in particular to, -

(i) enter and search any building or place where he has reason to suspect that such property,

document, money, bullion, jewellery or other valuable article or thing is kept;

(ii) search any person who is reasonably suspected of concealing about his person any article

for which search should be made;

(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for

exercising the powers conferred by sub-clause (i) where the keys thereof are not available.

Seize any such property, document, money, bullion, jewellery or other valuable article or thing

found as a result of such search;

(iv) place marks of identification on any property or document or make or cause to be made;

extracts or copies therefrom; or

(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or

SOS e - Clarion Of Dalit

Tuesday, January 31, 2012

Enact JANLOKPAL

Your’ssincerely, NAGARAJA.M.R. Citizen of India

Jan Lokpal Bill

Occupy and its Indian sister movement are fighting the same battles

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