When Anna Hazare ended his second fast for the Jan Lokpal Bill (JLB), his followers and the media claimed that his campaign was an unqualified success. Hazare himself was more circumspect, but his promise that he would move on to electoral reform and other issues suggested that he too felt he had scored a victory. But has he?
Most people thronging to demonstrate in support of his demands thought that the campaign was a straightforward one against corruption, but it was both more and less than that. More, because the demand of Team Anna was that parliament should pass their particular bill, the Jan Lokpal Bill, by a particular date; and less, because it defined corruption in a superficial manner.
Team Anna certainly won the first round, given the government’s inability to read the public mood. By first presenting a bill so weak that it made a mockery of the idea of curbing corruption, and then resorting to preventive arrests of Anna and his close associates, it helped to mobilise massive crowds against itself. At this point in the proceedings, it was easy for a casual observer to feel that the campaign was standing up not only for a strong law against corruption but also for freedom of expression and the right to peaceful assembly, which were being crushed by a government bent on negating all democratic rights and freedoms. Indeed, this is what many people out on the streets believed. Who would want to oppose such a campaign? But, ironically, as the government backtracked, giving permission for the fast and initiating a public consultation on the Lokpal Bill, it regained some legitimacy, while the Hazare campaign, as it became increasingly aggressive, lost it. The government wisely agreed to a formula that would allow Hazare to break his fast without losing face, but even a cursory examination of the terms of that agreement make it clear that it was a major retreat for India Against Corruption (IAC) from their earlier hardline stand. Why were they forced to back down?
An authoritarian bill backed by the RSS
Questions were raised about the dangerously authoritarian character of the bill they were backing, with its creation of an unaccountable, unelected body that would have the power to tap phones, intercept emails, and remove every government functionary from the Prime Minister and Chief Justice to the lowest peon. Access to judicial review for those targeted by this all-powerful body would be meaningless, given its power to remove judges it did not like. By defining corruption as the disease rather than seeing it as merely a symptom of a deeper disease – power without accountability, power to commit crimes with impunity – the JLB was a formula to introduce a new source of corruption rather than eliminating it. It was also, potentially, an assault on India’s democratic institutions, one heightened by the demand that either the law should be passed by parliament by
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August 30, or the government should quit. This ultimatum ruled out any possibility of pre-legislative discussion and debate of the two bills, or consideration of other proposals like those of the National Campaign for People’s Right to Information (NCPRI) which had successfully campaigned for what has turned out to be the country’s most effective tool of transparency to date, the Right to Information (RTI) Act. And the demand that a parliament elected by hundreds of millions should quit because a few hundred thousand people claiming to represent ‘civil society’ were demanding it mocked the conception of democracy. Where the RTI Act had put power to combat corruption into the hands of ordinary citizens, the JLB seeks to concentrate this power in the hands of a super-powerful state institution.
The enthusiastic participation of the RSS and other members of the Sangh Parivar also disturbed many. During the second fast in August, the backdrop of Bharat Mata was replaced by Mahatma Gandhi and RSS members were kept away from the dais, but the cries of ‘Vande Mataram!’ and ‘Bharat Mata ki jai!’ continued to be as frequent as before. Sushma Swaraj claimed openly that the RSS was mobilising for the protest [1], and the VHP told the media it provided free food – a major crowd-puller – for 20,000 protesters. These proclamations are discounted by some on the Left, who argue that the RSS would naturally try to claim credit for any mass movement. However, this isn’t true. Bigger crowds were reported at the protests against the nuclear tests in 1998, hundreds of thousands of workers have marched in protests against the attack on labour rights, but the Sangh Parivar did not try to claim credit for them because they did not identify with the cause. In this case they did, and the reason is not hard to find. A campaign against narrowly-defined corruption in a government not controlled by them, a demand that the government should either pass a law setting up a super-state they could easily control or else quit, suited them perfectly. They were not trying to capture the movement: it was tailor-made for them.
Both the authoritarian character of the bill and RSS backing for the IAC can be explained by the characteristics of the leadership of the movement and the movement itself.
The leaders
The ‘civil society’ panel that drafted and negotiated with the government over the Jan Lokpal Bill consisted of Anna Hazare, Santosh Hegde, Shanti Bhushan, Prashant Bhushan and Arvind Kejriwal. Anna Hazare himself, projected as the leader of the campaign, hails from Ralegan Siddhi, a village in Maharashtra. As a detailed study of his village by Mukul Sharma (well summarised by Yogi Sikand) reveals, he holds absolute power in it: there have been no gram panchayat elections for the last 24 years, nor even elections to cooperatives, and no campaigning is allowed during state or national elections. Just as a mother is entitled to slap her child (according to him), he feels he is entitled to use coercion or violence against those who infringe his rules. Alcohol is banned, and anyone taking it is tied to a pole and flogged. Although he opposes untouchability, dalits are supposed to follow the occupation dictated by their caste, and
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have been forced to adopt vegetarianism. In a streak of puritanism reminiscent of the Taliban, satellite dishes, cable TV and any music other than bhajans are banned [2]. The comparison with Gandhi by dim-witted mediapersons is belied by his calls for the death penalty [3].
None of these journalists thought it fit to ask how he could campaign for the right to reject and recall candidates if he doesn’t recognise the right to elect candidates in the first place, and contemptuously dismisses the average voter as prone to being bought by liquor, saris or cash! Nor did they think to ask: If he is so keen on electoral reform, why not implement it in his village as an experiment? Why not propose reform in electoral funding, so that the disgruntled 10% can put up their own candidate, instead of rejecting all candidates and disrupting elections time and again at enormous cost to the taxpayer and political stability? What exactly should be the conditions under which candidates can be recalled?
The striking authoritarianism of Hazare’s outlook, the lack of any whiff of democracy in the village he rules as an absolute dictator, and his belief in caste hierarchy, all make him amenable to the politics of the Sangh Parivar. But the relationship goes much deeper. Some of his staunchest supporters were shocked when he held up Narendra Modi as a model for other chief ministers to emulate [4]. He later clarified he was opposed to communalism, but this does not explain why he chose to praise a man who orchestrated the massacre of thousands of innocents. Bribery need not always take the form of money; it can also take the form of promotions, appointments to sinecures, etc. The promotion of police officers who had participated in the Gujarat pogroms and victimisation of those who had done their job by trying to prevent the slaughter are among the worst forms of corruption.
Even in the narrower sense of corruption adopted by Team Anna, Gujarat has a shameful record. As Mallika Sarabai pointed out in her letter to Hazare, “irrigated farmlands have been stealthily taken by the government and sold off at ridiculous prices to a small club of industrialists. There has been no Lokayukta in Gujarat for nearly seven years so hundreds of complaints against corruption are lying unheard. From the Sujalam Sufalam scam of Rs 1,700 crore to the NREGS boribund scam of Rs 109 crore, the fisheries scam of Rs 600 crore, every department is involved in thousands of crores of scams…The state is in terrible debt because of his largesse to industry while 21 lakh farmers wait for compensation” [5].
So what made Anna give Modi such a glowing character-reference? This cannot be explained simply by any apparent naivety. If Hazare was so effusive about Modi, it was because their worldviews and agendas converged. Two points in particular are worth noting. One is the extremely complimentary comments by top RSS leaders about Ralegan Siddhi, likening it to Ram Rajya and organising tours of it for their activists, as well as organising programmes in support of him; and the other is the decision taken by the RSS in its all-India leaders’ meeting in March 2011 – before Anna’s fast in April – to launch a
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campaign against corruption [6] The impression of converging agendas is confirmed by L K Advani’s announcement of a rath yatra against corruption [7] and Team Anna’s deafening silence concerning Modi’s patently corrupt attempt to appoint a Lokayukta who had acquitted all the accused in the Best Bakery massacre, and therefore could be trusted to toe the state government line [8].
Two other members of the drafting team also have relationships with the Sangh Parivar. Arvind Kejriwal maintained close links with BJP MPs during the agitation as well as drawing in gurus soft on Hindutva such as Baba Ramdev and Sri Sri Ravi Shankar [6]. His association with the anti-reservationist Youth for Equality created revulsion among dalits, as did his dismissal of their suggestion that there should be a dalit on the drafting committee on the grounds that legal specialists were needed to draft a law (as though dalits were incapable of drafting laws, regardless of the fact that the Indian Constitution was drafted by one!) [9]. And Justice Santosh Hegde, whose father was all-India vice-President of the BJP, just last year referred to L K Advani (of the infamous Ram Janmabhoomi rath yatra that resulted in the demolition of the Babri Masjid and slaughter of thousands of Muslims) as a ‘father figure’ [10].
The right-wing bias of these three members of the JLB drafting committee explains why it leaves out NGOs from its ambit, since inclusion of NGOs would be a blow to massive outfits like Sri Sri Ravi Shankar’s Art of Living (already accused of illegal land acquisition [11]) and Baba Ramdev’s offshore financial transactions. It also explains why most dalit, adivasi and minority-rights activists stayed away from the movement, fearing that the JLB’s definition of ‘corruption’ would target the beneficiaries of affirmative action as well as members of the legislature and judiciary who supported attempts to level the playing field for sections of the population suffering discrimination.
The fourth member of the team, Shanti Bhushan, is a corporate lawyer whose most high-profile case in recent years has been that of Novartis versus the Cancer Patients Aid Association [12]. Novartis is attempting to prevent the production of generic versions of imatinib mesylate (an anti-leukemia drug) beyond the period of its original patent by a process called ‘ever-greening’, whereby a minor change in the form of a drug is used to renew its patent. In this particular case, it would mean that a life-saving drug would only be available at the Novartis price of Rs 120,000 per month instead of being made available by Indian companies for Rs 8,000 per month, obviously a death sentence for all leukemia patients other than the super-rich. In other words, Shanti Bhushan was hired by Novartis to argue that a company’s right to profit trumps the right to life guaranteed by the Constitution [13].
Bhushan Sr’s professional dealings with his corporate clients explains why corporations are left out of the Jan Lokpal Bill. This curious omission is also why companies like Jindal Aluminium, a company that tried to silence critics of its illegal mining activities with a false defamation suit [14], are willing to back the Anna movement with substantial donations [15]. It is also why the corporate media could abandon any pretence of
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objectivity and play an active role in promoting the movement [16]. For all of these power elites (big business, mass media), the solution to corruption is to privatise everything, minimise state regulation of private capital, and terminate even inadequate social security and welfare schemes like NREGA. They would like to secure their privileges (for which they now have to pay bribes) without paying bribes. Anything that cuts into their right to make money constitutes corruption.
These neoliberal underpinnings of the JLB have been criticised by many left-wing commentators and one important trade union federation. As the New Trade Union Initiative points out, “the fight against corruption must include demands for legislation and effective implementation of the laws that govern capital alongside rigorous and stringent implementation of the laws that govern work, the provision of social security and social protection, and all laws that provide working people access to their basic needs. Corruption necessarily flows from above and is deeply rooted in how capital seeks to maximise profits and not merely a product of corrupt civil servants or a grasping political class” [17]. While it might not be feasible for the Lokpal to monitor all NGOs and companies, in cases where a politician or bureaucrat has colluded with a company or NGO to rob the public (of land, revenue, etc), it makes no sense to nab the junior partner-in-crime (the politician or bureaucrat) while allowing the major beneficiary of corruption (the company or NGO) to get away with it. In such cases, as suggested by the NCPRI, the Lokpal or Lokayukta should have power to investigate and prosecute any other person who is co-accused in the case before it [18].
The involvement of the fifth member of the team, Prashant Bhushan, caused consternation among some of his former admirers, since he has been associated with social justice causes. But his fundamental similarity to the other members of the drafting team in terms of elitism and authoritarianism are evident in his vehement arguments that the issue of the JLB should be resolved by a referendum [19]. If a referendum were held on each and every clause of the bill, it would cost the earth and take forever, so that is clearly not feasible. Instead, the bill will be (in fact has been) drafted by ‘experts’, and the public will only have the right to vote for one bill or the other. Ironically, far from being an expansion of participatory democracy, as he claims, this constitutes a much less democratic procedure than pre-legislative public debate on a bill, with the possibility of feeding into the drafting process.
Apart from leaving out the people who will be affected by the bill from the deliberations on it, a referendum can be framed in a way that elicits the result that is desired. In this case, for example, Bhushan Jr made it clear that there would be only two options, the government Lokpal Bill or the JLB: no possibility of voting for the NCPRI or other proposals, and not even the option of rejecting both bills! (The hypocrisy of demanding the right to reject in elections while leaving it out in the proposed referendum is truly stunning!) Even if the intention is to get feedback on the JLB, there are two different ways in which a referendum could be framed. If the choice is between the government bill and JLB, as Bhushan wants, those who reject both would have to abstain; then it is
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possible that the majority of those who vote, knowing only that the latter is stronger, would vote for it. But if the choice is ‘the JLB: Yes or No’, many more are likely to vote, and the ‘No’ vote is likely to predominate, given the deep suspicion on the part of dalits, adivasis, minorities and workers that the JLB is designed to rob them of their rights [20]. No wonder referendums are favoured by dictators!
The JLB is marked by the elitist and authoritarian outlook of its drafters. While some of these features have been diluted since the first draft was put out, the marks of its parentage are still all too evident.
The followers
There has been a great deal of debate on the class composition of the crowds that came out in support of the JLB, but what is more relevant is the political character of the crowds; after all, there was a significant presence of plebeian elements in the mobs that brought down the Babri Masjid as well as the crowds that flocked to Hitler’s speeches, but this did not make them any less fascist.
Kiran Bedi’s slogan of ‘Anna is India and India is Anna’, with its disturbing echoes of the Emergency (‘Indira is India and India is Indira’) as well as Nazism (‘Adolf Hitler is Germany and Germany is Adolf Hitler’), was abandoned, but its spirit haunted the speeches of Team Anna, who repeatedly claimed that they spoke for ‘the people’ or ‘civil society’ as a whole. Equally revealing was the ubiquitous slogan ‘I am Anna’. What this conveyed was blind faith in Anna’s leadership, and a promise to follow wherever he went, do whatever he ordered. This abdication of the responsibility to think for oneself in favour of blind faith in a charismatic leader is typical of fascist movements. This does not mean that all those who wore ‘I am Anna’ caps or T-shirts were fascists, but that they could easily be manipulated by fascists.
If blind obedience to a leader is one side of the coin, the other side is intolerance of dissent or questioning of the stated goal. This too was very much in evidence. The good-natured and non-violent character of the assembly, noted by some who visited Ramlila Maidan, lasted only so long as questions were confined to ‘Where have you come from?’ and ‘What do you do?’As soon as even mildly probing questions were asked about the JLB, good nature vanished and the strong undercurrent of violence beneath the sanctimonious appearance of non-violence came to the surface [21]. The most horrifying report of such violence was that of a student who was chased into a river by fellow-students and pelted with stones until he drowned because he refused to participate in the anti-corruption protests [22].
Finally, the aggressive waving of the national flag and frequent chants of ‘Vande Mataram!’ and ‘Bharat Mata ki jai!’ conveyed a great deal about the character of the movement. As one journalist said, “Never in India’s history, not even during the freedom movement or war-time, has such aggressively patriotic fervour been
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unleashed…Democratic plurality, ideological diversity and argumentativeness were integral to our freedom movement…So here is the quibble. Once you produce the national flag, and Bharat Mata, all arguments cease…A democratic movement has to give space for disagreement, argue with those who have a different point of view, not wave the national flag and shut them up” [23].
All these characteristics – blindly following a leader, crushing dissent, and ultra-nationalism – are characteristics of fascism. Mass organisations like workers’ unions could not be more different, with their openness to often heated argument and debate.
Some conclusions
Put together, these characteristics of the goal of the campaign, its leadership, and its mass following suggest that IAC, if it can be called a mass movement at all, is a populist movement which is similar in many ways to the völkisch (populist) movements that fed into the rise of Nazism. Norwegian right-wing mass murderer Anders Behring Breivik had advised the Sangh Parivar that instead of attacking Muslims, they should focus their attacks on those whom he bizarrely described as ‘the Indian cultural Marxists’ – namely the UPA government, with its commitment to the protection of minorities – and seek to overthrow it [24]. But it is the Sangh Parivar that could give some lessons to Breivik. It knew that the slaughter of Muslims, as in Gujarat in 2002, could gain votes for it; that this may be changing, hence their switch-over to carrying out terrorist attacks that are blamed on Muslims; and that a massacre of, say, young members of the Congress Party (analogous to the massacre carried out by Breivik) would simply backfire against it. Instead, its assault on the UPA is far more subtle, cashing in on the public revulsion that has built up over issues like rampant inflation and corruption. In the past, campaigns against corruption by JP and V P Singh have been used by the Sangh Parivar to boost its popularity and bring it to power, and it is entirely possible that the Anna Hazare campaign could have the same result.
Whether regime change will result depends to a great extent on the reaction of the UPA government. Harping on about the supremacy of parliament in order to discredit popular protest is simply not convincing, because the legitimacy of parliament depends on the degree to which it upholds the fundamental rights guaranteed in the Constitution. Why would the Constitution guarantee rights like freedom of expression, association and peaceful assembly if democracy meant only the right to vote every five years? Obviously, these are also means by which citizens achieve some measure of control over their own lives, as well as communicate what they want their representatives to do. If the UPA had taken more trouble to listen, rather than ignoring protests or all too often crushing them, it would not be facing a crisis.
It is not too late to start listening, beginning with the issue of corruption in the narrow sense. Some action against it has been taken, but belatedly and not enough. The best features of all the Lokpal proposals should be brought together and a strong set of laws
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enacted and implemented. If the government demonstrates that it is serious about taking action – and not just against its enemies – some of the damage done in the last six months could be reversed.
However, it is far more important to tackle the underlying disease that results in corruption: untrammelled power and impunity. For example, Anna’s fast unintentionally drew attention to Irom Sharmila’s decade-long fast against AFSPA. Every time the repeal or even amendment of this law is mooted, Armed Forces chiefs (who seem to believe that the army cannot do its work without raping, torturing and killing innocents) objects. Yet this law is patently unconstitutional, since it violates the right to equal protection of the law (which is denied to the victims) and to equality before the law (since the perpetrators are effectively above the law). Armed insurgency is admittedly a serious problem, but impunity for state security forces only makes it worse by alienating civilians. AFSPA and other laws that allow security force personnel to commit crimes with impunity need to be repealed or radically amended if the most blatant and corrupt abuse of power is to be curbed.
There are other issues on which the UPA needs to listen to protesters rather than using its majority in parliament to ram through policies that are not only unpopular but also violate fundamental rights. The Aadhar programme and nuclear power programme come to mind. The former is being pushed through without a proper debate and in the face of powerful arguments against it. And with wind and solar energy already cheaper than nuclear power and rapidly getting cheaper, the argument for nuclear power, which is hazardous, expensive, and will leave a deadly legacy of nuclear waste for hundreds of thousands of years, is extremely questionable. These policies reek of corruption, because they benefit a tiny elite while the rest of the population pays the price, either as taxpayers or because their human rights are violated. Unless they are put on hold while an informed, transparent public debate on their pros and cons takes place, the UPA is likely to suffer in the next elections.
More generally, the disease of untrammelled power, of which corruption is merely a symptom, needs to be tackled. If bureaucrats have the power to formulate or interpret legislation in a manner that deprives people of their rights or entitlements, then it is that power that must be curbed, not just the bribes they take from desperate people who have no other way of obtaining those rights or entitlements. If police have the power to torture innocents and threaten to kill them unless they confess to crimes they have not committed, then it is that power that must be curbed, not just the fact that they routinely use it to extort bribes. Responding to social movements by enacting legislation and carrying out measures that empower ordinary working people would be one way of tackling corruption at its roots; a massive increase in transparency, which is already mandated by the RTI Act, would be another.
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The Left – both parliamentary and extra-parliamentary – also has an important role to play. Most sections of the Left in India have little or no understanding of fascism; they do not seem to know, for example, that fascism is a mass movement before it seizes power. These sections are so intent on training their guns on the centre that they are often oblivious of the fact that they are doing it in a manner that strengthens the extreme right. They have yet to develop the political skill of being critical of the government when it violates human rights or colludes in corruption, without providing support to right-wing forces engaged in subverting democracy.
Postscript
If the IAC and the Sangh Parivar won the first round of this struggle, the second round was won by the legal experts, Left intellectuals and social justice activists who stayed out of the campaign and criticised both the government’s Lokpal Bill and the JLB. The third round has now been launched by Team Anna. In their press conference on September 11, there was no mention of Modi’s attempt to appoint a Lokayukta in Gujarat in violation of the core principles of the JLB, no mention of the murder of RTI activist Shehla Masood in BJP-ruled Madhya Pradesh; but Anna did promise to campaign in forthcoming elections against candidates who oppose the JLB [26]. In a subsequent interview, he said that he would not be campaigning for any party, and suggested that Advani should ensure that all BJP Chief Ministers appoint Lokayuktas before starting his yatra. However, given that the BJP has pledged support to the JLB, it has already gained from Anna’s campaign and would undoubtedly gain more in future. It remains to be seen who will win the third round.
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