Activism


Anti-corruption protests in Maharashtra


Anna Hazare listening to the problems of people at Nanded , Maharashtra.
In 1991 Hazare launched the Bhrashtachar Virodhi Jan Aandolan (BVJA) (People's Movement against Corruption), a popular movement to fight against corruption in Ralegaon Siddhi. In the same year he protested against the collusion between 40 forest officials and timber merchants. This protest resulted in the transfer and suspension of these officials.
In May 1997 Hazare protested against alleged malpractices in the purchase of powerlooms by the Vasantrao Naik Bhathya Vimukt Jhtra Governor P. C. Alexander. On 4 November 1997 Gholap filed a defamation suit against Hazare for accusing him of corruption. He was arrested in April 1998 and was released on a personal bond of Indian Rupee symbol.svg5,000 (US$110). On 9 September 1998 Hazare was imprisoned in the Yerawada Jail to serve a three-month sentence mandated by the Mumbai Metropolitan Court. The sentencing came as a huge shock at that time to all social activists. Leaders of all political parties except the BJP and the Shiv Sena came in support of him. Later, due to public protests, the Government of Maharashtra ordered his release from the jail. After release, Hazare wrote a letter to then chief minister Manohar Joshi demanding Gholap's removal for his role in alleged malpractices in the Awami Merchant Bank. Gholap resigned from the cabinet on 27 April 1999.
In 2003 corruption charges were raised by Hazare against four NCP ministers of the Congress-NCP government. He started his fast unto death on 9 August 2003. He ended his fast on 17 August 2003 after then chief minister Sushil Kumar Shinde formed a one-man commission headed by the retired justice P. B. Sawant to probe his charges. The P. B. Sawant commission report, submitted on 23 February 2005, indicted Sureshdada Jain, Nawab Malik, and Padmasinh Patil. The report exonerated Vijaykumar Gavit. Suresh Jain and Nawab Malik resigned from the cabinet in March 2005.
Three trusts headed by Anna Hazare were also indicted in the P. B. Sawant commission report. Indian Rupee symbol.svg220,000 (US$4,910) spent by the Hind Swaraj Trust for Anna Hazare's birthday celebrations was concluded by the commission as illegal and amounting to a corrupt practice, though Abhay Firodia, an industrialist subsequently donated Indian Rupee symbol.svg248,000 (US$5,530) to the trust for that purpose. The setting apart of 11 acres of its land by the trust in favour of the Zilla Parishad without obtaining permission from the charity commissioner was concluded as a case of maladministration. The commission also concluded that the maintenance of accounts of the Bhrashtachar Virodhi Janandolan Trust after 10 November 2001 had not been according to the rules and Indian Rupee symbol.svg46,374 (US$1,030) spent by the Sant Yadavbaba Shikshan Prasarak Mandal Trust for renovating a temple was in contravention to its object of imparting secular education.

Right to Information movement

In the early 2000s Hazare led a movement in Maharashtra state which forced the state government to pass a stronger Maharashtra Right to Information Act. This Act was later considered as the base document for the Right to Information Act 2005 (RTI), enacted by the Union Government. It also ensured that the President of India assented to this new Act. Law professor Alasdair Scott Roberts said:
The state of Maharashtra – home to one of the world's largest cities, Mumbai, adopted a Right to Information Act in 2003, prodded by the hunger strike of prominent activist, Anna Hazare. ("All corruption can end only if there is freedom of information," said Hazare, who resumed his strike in February 2004 to push for better enforcement of the Act).
On 20 July 2006 the Union Cabinet amended the Right to Information Act 2005 to exclude the file noting by the government officials from its purview. Hazare began his fast unto death on 9 August 2006 in Alandi against the proposed amendment. He ended his fast on 19 August 2006, after the government agreed to change its earlier decision.

Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act

Before 2006 in the state of Maharashtra, even honest government officers were transferred to other places according to ministers wish. Sometimes within months of being posted to a place, whereas some corrupt and favored officials were cozy in their postings for many years in some cases even for 10 to 20 years and since there was not any guideline or law many government officials were reluctant to process files that contained important public proposals and decisions. Anna fought hard for a law whereby a government servant must clear a file within a specified time and that transfers must take place only after three years. After many years of relentless efforts of Anna, finally on 25 May 2006 state government of Maharashtra issued a notification announcing that the execution of the special act, The Prevention of Delay in Discharge of Official Duties Act 2006, aimed at curbing the delay by its officers and employees in discharging their duties. This act provides for disciplinary action against officials who move files slowly and enables monitoring officials who stay too long in a post, or in a department, and for involvement in a corrupt nexus. Within this act, it is mandatory for the government to effect transfers of all government officers and employees, except Class IV workers, after the stipulated three years. Act also prevents the government from effecting frequent transfers of officers before the stipulated three-year tenure, except in case of emergency and under exceptional circumstances. Maharashtra is the first state in the country to have introduced such act. However, like others, this law has also not been followed in its true spirit.

Campaign against liquor from food grains

Constitution of India Article 47 commits the State to raise the standard of living and improve public health, and prohibit the consumption of intoxicating drinks and drugs injurious to health.
In 2007 Maharashtra Government rolled out the grain-based liquor policy aimed to encourage production of liquor from food grain in the light of the rising demand for spirit – used for industrial purposes and potable liquor and Issue 36 licenses for distilleries for making alcohol from food grains.
Anna Hazare opposed the governments policy to promote making liquor from food grains in Maharashtra. He argued the government that Maharashtra is a food-deficit State and there was shortage of food grains and it is not logical to promote producing liquor from food grains. One of the State ministers Laxman Dhoble said in his speech that those opposing the decision to allow use of food grains for the production of liquor are anti-farmers and those people should be beaten up with sugarcane sticks. Hazare initiated fast at Shirdi, but on March 21, 2010 government promised to review the policy and Anna ended his 5 day long fast. But the government later granted 36 licences and grants of of Indian Rupee symbol.svg10 (US$0.22) (per litre of alcohol) to politicians or their sons who were directly or indirectly engaged in making alcohol from foodgrains. Some of the main beneficiaries of these licences includes Amit and Dheeraj Deshmukh, sons of Union Heavy Industries Minister Vilasrao Deshmukh, Bharatiya Janata Party leader Gopinath Munde's daughter Pankaja Palwe and her husband Charudatta Palwe, sons-in-law of P.V. Narasimha Rao, Rajya Sabha MP Govindrao Adik. The government approved the proposal for food grain-based alcohol production in spite of stiff opposition from the planning and finance departments saying there is a huge demand in other countries for food grain made liquor in comparison with that of molasses. Anna filed a Public Interest Litigation against the Government of Maharashtra for allowing food-grains for manufacturing liquor in the Nagpur bench of the Bombay High Court. On August 20, 2009 Maharashtra government stopped the policy. However, distilleries sanctioned before that date and those who started production within two years of sanction were entitled for subsidies.
On May 5, 2011 court refused to hear a Public Interest Litigation saying "not before me, this is a court of law, not a court of justice" as a reason of not hearing the plea. One of Principal Secretary in Maharashtra state C.S. Sangeet Rao, enlighten that there is no law exists to scrap these licences as this is a government policy.

Lokpal Bill movement


Anna Hazare's hunger strike at Jantar Mantar in Delhi
In 2011, Hazare initiated a Satyagraha movement for passing a stronger anti-corruption Lokpal (ombudsman) bill in the Indian Parliament as conceived in the Jan Lokpal Bill (People's Ombudsman Bill). The Jan Lokpal Bill was drafted earlier by N. Santosh Hegde, former justice of the Supreme Court of India and Lokayukta of Karnataka, Prashant Bhushan, a senior lawyer in the Supreme Court and Arvind Kejriwal, a social activist along with members of the India Against Corruption movement. This draft bill incorporated more stringent provisions and wider power to the Lokpal (Ombudsman) than the draft Lokpal bill prepared by the government in 2010. These include placing "the Prime Minister within the ambit of the proposed lokpal’s powers".

Hunger strike in Delhi

Hazare began his fast unto death on 5 April 2011 at Jantar Mantar in Delhi to press for the demand to form a joint committee of the representatives of the Government and the civil society to draft a stronger anti-corruption bill with stronger penal actions and more independence to the Lokpal and Lokayuktas (Ombudsmen in the states), after his demand was rejected by the Prime Minister of India Manmohan Singh. He stated, "I will fast until Jan Lokpal Bill is passed".
The movement attracted attention in the media, and thousands of supporters. Almost 150 people reportedly joined Hazare in his fast. Social activists, including Medha Patkar, Arvind Kejriwal, former IPS officer Kiran Bedi, and Jayaprakash Narayan lent their support to Hazare's hunger strike and anti-corruption campaign. People have shown support in Internet social media such as Twitter and Facebook. Online Signature Campaigns like avaaz got 6.5lakh signatures in just 36 hours. In addition to spiritual leaders Sri Sri Ravi Shankar, Swami Ramdev, Swami Agnivesh and former Indian cricketer Kapil Dev, many celebrities showed their public support through Twitter. Hazare decided that he would not allow any politician to sit with him in this movement. Politicians like Uma Bharti and Om Prakash Chautala were shooed away by the protesters when they came to visit the site where the protest was taking place. On 6 April 2011 Sharad Pawar resigned from the group of ministers formed for reviewing the draft Lokpal bill 2010.

The movement gathered significant support from India's youth, visible through the local support and on social networking sites like Facebook and Twitter. Protests spread to Bangalore, Mumbai, Chennai, Ahmedabad, Guwahati, Shillong, Aizawl and a number of other cities in India.

End of hunger strike after meeting demands

On 8 April 2011 the Government of India accepted all demands of the movement. On 9 April 2011 it issued a notification in the Gazette of India on formation of a joint committee. It accepted the formula that there be a politician Chairman and an activist, non-politician Co-Chairman. According to the notification, Pranab Mukherjee will be the Chairman of the draft committee while Shanti Bhushan will be the co-chairman. “The Joint Drafting Committee shall consist of five nominee ministers of the Government of India and five nominees of the civil society. The five nominee Ministers of the Government of India are Pranab Mukherjee, Union Minister of Finance, P. Chidambaram, Union Minister of Home Affairs, M. Veerappa Moily, Union Minister of Law and Justice, Kapil Sibal, Union Minister of Human Resource and Development and Minister of Communication and Information Technology and Salman Khursheed, Union Minister of Water Resources and Minister of Minority Affairs. The five nominees of the civil society are Anna Hazare, N. Santosh Hegde, Shanti Bhushan Senior Advocate, Prashant Bhushan, Advocate and Arvind Kejriwal.
On the morning of 9 April 2011 Hazare ended his 98-hour hunger strike by first offering lemon juice to some of his supporters who were fasting with him. Hazare then broke his fast by consuming some lemon juice. He addressed the people and set a deadline of 15 August 2011 to pass the Lokpal Bill in the Indian Parliament.
"Real fight begins now. We have a lot of struggle ahead of us in drafting the new legislation, We have shown the world in just five days that we are united for the cause of the nation. The youth power in this movement is a sign of hope."
Anna Hazare said that if the bill does not pass he will call for a mass nation-wide agitation. He called his movement as "second struggle for independence" and he will continue the fight.

Differences with the government on draft bill

During the meeting of the joint drafting committee on 30 May 2011, the Union government members opposed the inclusion of the prime minister, higher judiciary and the acts of the MPs under the purview of the Lokpal in the draft bill. On 31 May 2011, Pranab Mukherjee, chairman of the joint drafting committee sent a letter to the chief ministers of all states and the leaders of the political parties seeking their opinion on six contentious issues in the proposed Lokpal Bill, including whether to bring the prime minister and judges of Supreme Court and High Courts under the purview of the proposed law. But the civil society members of the drafting committee considered that keeping the prime minister and judges of Supreme Court and High Courts out of the purview of the Lokpal would be a violation of the United Nations Convention against Corruption.
Anna Hazare and other civil society members decided to boycott the meeting of the joint Lokpal Bill drafting committee scheduled on 6 June 2011 in protest against the forcible eviction of Swami Ramdev and his followers by the Delhi Police from Ramlila Maidan on 5 June 2011, while they were on hunger strike against the issues of black money and corruption and doubting seriousness of the government in taking measures to eradicate corruption.
On 6 June 2011, the members of the civil society of the joint Lokpal bill drafting committee in New Delhi sent a letter to Pranab Mukherjee, the chairman of the committee, explaining reasons for their absence at the meeting and also asked government to make its stand public on the contentious issues related to the proposed draft legislation. They also decided that the future meetings will be attended only if they were telecast live.On 8 June 2011 at Rajghat, describing his movement as the second freedom struggle, Anna criticized the Government for trying to discredit the joint Lokpal Bill drafting committee and threatened to go on indefinite fast again from 16 August 2011 if the Lokpal Bill is not passed by then. He also criticised the Government for putting hurdles in the drafting of a strong Lokpal Bill and its attempts to malign the civil society members of the joint Lokpal panel.

Indefinite fast

On July 28, 2011 the union cabinet on approved a draft of the Lokpal Bill, which keeps the Prime Minister, judiciary and lower bureaucracy out of the ambit of the proposed corruption ombudsman Lokpal.Hazare rejected the government version by describing it as “cruel joke’’ and wrote a letter to Prime Minister Manmohan Singh, and told him his decision to go on an indefinite fast from August 16, 2011 at Jantar Mantar if the government introduced its own version of the bill in Parliament without taking suggestions from civil society members.
Why are you (government) sending the wrong draft? We have faith in Parliament. But first send the right draft, our agitation is against government, not Parliament. The government has overlooked many points. How will it fight corruption by excluding government employees, CBI and prime minister from the Lokpal's purview? We were told that both the drafts would be sent to the Cabinet. But only the government's draft was sent. This is a deceitful government. They are lying. How will they run the country? Now I have no trust in this government. If it is really serious about fighting corruption, why is it not bringing government employees and CBI under Lokpal?- Anna Hazare
Within twenty four hours of cabinet's endorsement of a weak Lokpal Bill, over ten thousand peoples from across the country sent faxes directly to the government demanding a bill with stronger provisions. The Mumbai Taxi Men’s Union, comprises over 30,000 taxi drivers have extended their full support to Hazare’s fast by keeping all taxis off the roads on August 16, 2011. Lawyers of Allahabad High Court described Lokpal Bill proposed by the government as against the interest of the country and pledged their support to Hazare by hunger strike at Allahabad on August 16, 2011. On July 30, 2011 Vishwa Hindu Parishad supported Hazare's indefinite fast by saying movement for an effective anti-corruption ombudsman needs the backing of people.
On August 1, Public interest litigation was filed in the Supreme Court of India by Hemant Patil, a Maharashtra-based social worker and businessman, to restrain Hazare from going on his proposed indefinite fast. The petitioner demanded to prohibit the fast alleging that Hazare's demands are unconstitutional and amount to interference in legislative process.

Arrest and aftermath

On August 16 2011, Hazare was arrested four hours before the planned indefinite hunger strike. Rajan Bhagat, spokesman for Delhi Police, said police arrested Hazare under a legal provision that bans public gatherings and protests at the park in Delhi where he was planning to begin his hunger strike. Police took that action after Hazare refused to meet the conditions put forward by police for allowing the protest. The conditions included restricting the length of the fast to three days and the number of protesters at the site to 5,000. Later Anna was sent to Tihar jail under judicial custody for 7 days. After announcements by Prashant Bhushan (Hazare's lawyer), local television, and social media sites, a march of thousands in support of Hazare began from the India Gate to Jantar Mantar.
Along with Hazare, other key members of the India Against Corruption movement including Arvind Kejriwal, Shanti Bhushan, Kiran Bedi and Manish Sisodia were also detained from different locations. It was reported that about 1,300 supporters were detained in Delhi. Media also reported that the arrest sparked off protests with people courting arrests in different parts of the country. The opposition parties in the country came out against the arrest, likening the government action to the emergency imposed in the country in 1975. Both the houses of Parliament were adjourned over the issue.
Eventually, after being kept in judicial detention for 24 hours, he was released by police, but Hazare and his supporters refused to sign bail bond and he was sent to Tihar Jail.They demanded permission to observe a fast in support of the Janlokpal bill, without any conditions. Hazare continued his fast inside the jail.
After his arrest, Anna Hazare received massive support from people across the country. There were reports of "nearly 570 demonstrations and protests by Anna supporters across the country" against the government's imprisonment of Hazare and others. Due to the nationwide protests of millions, the Indian government agreed to release Hazare from jail and allow him to begin a public hunger strike of fifteen days After talks with public authorities Hazare decided to hold his protest at Ramlila Maidan, New Delhi. On August 20, 2011 Hazare "left the Tihar Jail for the Ramlila Grounds". Hazare promised reporters "he would fight to the 'last breath' until the government gets his team's Jan Lokpal Bill passed in this session of Parliament, which ends on September 8."

Electoral reform movement

In 2011, Anna Hazare demanded an amendment to the electoral law to incorporate the option of None of the above in the electronic voting machines during the Indian elections. The "None of the above (NOTA)" is a ballot option that allows an electorate to indicate disapproval of all of the candidates in an electoral system, in case of non-availability of any candidate of his choice, as his Right to Reject. Soon, the Chief Election Commissioner of India Shahabuddin Yaqoob Quraishi supported Hazare's demand for the electoral reforms.

Protest against atrocities against Swami Ramdev and his supporters

On 8 June 2011, Anna Hazare and thousands of his supporters observed fast from 10 am to 6 pm at Rajghat to protest against the midnight crackdown of 5 June 2011 by the Delhi Police on Swami Ramdev’s fast at Ramlila Maidan, New Delhi. The fast was initially planned to be held at Jantar Mantar, but the venue was shifted after the denial of permission by the Delhi police. Anna Hazare held the Prime Minister of India responsible for the atrocities and termed the police action as a blot on humanity and an attempt to stifle democracy. According to one of the Anna's young supporters, the large presence of youths in the protest was due to their support to his use of nonviolence means of protest similar to Gandhi.

Controversies and Criticism

Views on Narendra Modi

In a press conference in April 2011, Anna Hazare praised Narendra Modi, the chief minister of Gujarat for his efforts on rural development along with Nitish Kumar, chief minister of Bihar, saying that the same should be emulated by the chief ministers of all states. Subsequently, Modi wrote an open letter to him, hailing him as a Gandhian and anti-corruption activist while Digvijay Singh, the General Secretary of the Congress party, criticised him for his comment. In May 2011, Hazare, during his visit to Gujarat, changed his view and criticised Modi for rampant corruption. He urged Modi to appoint a Lokayukta in Gujarat. He also commented that the media had projected an incorrect image of Vibrant Gujarat, very different from the prevalent situation.

Accusations of corruption

The government of the state of Maharashtra instituted a Commission of Inquiry under Justice PB Sawant in September 2003 to inquire into allegations of corruption against several people, including four ministers in the state as well as the "Hind Swaraj Trust" headed by Hazare. The Commission submitted its report on February 22, 2005 in which it indicted the Hind Swaraj Trust for corrupt practice of spending Rs. 2.20 lakhs of its funds on the birthday celebrations of Hazare.  Two days ahead of Hazare's proposed indefinite fast on August 16,2011, the ruling party of India, the Indian National Congress, launched an attack on him alleging that "the moral core of Hazare has been ripped apart" by the Justice P B Sawant Commission.
In response to this allegaton, Hazare's lawyer Milind Pawar, claimed that the commission had remarked about "irregularities" in the accounts, but had not held him guilty of any "corrupt" practices. Pawar said that on June 16, 1998, a celebration was organized to facilitate Hazare on winning an award from a US based NGO and it coincided with his 61st birthday. The trust spent Rs 2.18 lakh for the function. Abhay Phirodia, a Pune-based industrialist, who took the initiative to organise this function donated an amount of Rs 2,48,950 to the trust by cheque soon after the function.
Hazare himself responded to the allegation by daring the government to file a First Information Report (FIR) against him to prove the charges