Around
and after the Rebellion of 1857, the British did a monumental
job of building the great rail and road network in India.
Their motive may have been rapid troop movement to quell
any future rebellion, but the transport infrastructure built
certainly helped integrate our economy and paved way for
industrialization.
Mr.
Vajpayee is right in launching the highways project. And
its execution, in many ways, is a model of coordination,
efficiency, speed and quality-control. Any one who drove
on these new highways would testify to this, and cannot
but feel a tinge of pride that we, Indians, can match world
class standards in infrastructure-building. Given this remarkable
success, it is particularly sad that corruption and criminality
have plagued even this prestigious project. There are three
inter-linked issues involved in Satyendra's martyrdom, and
they need to be examined carefully.
First,
we obviously need statutory measures for whistle-blower
protection. The media is right in raising the issue, and
the government is showing signs of response. Evidently,
Satyendra's identity as the author of the letter to the
prime minister detailing six procedural and technical shortcomings
in the execution of these highways was revealed to the very
corrupt officials and mafia whose misdeeds he sought to
expose. He specially highlighted deficiencies in six areas
of project execution: preparation of detailed project reports,
procurement of civil contractors, mobilization advances
to contractors, selection of supervision and design consultants,
sub-contracting, and organization and office system. It
is difficult to determine now whether this breach of confidentiality
was due to carelessness or by design. In either case, proper
statutory measures to protect the whistle-blowers are necessary.
Such laws are in place in several countries. Public Interest
Disclosure Act, 1998 in Britain, and Anti-retaliation protection
provisions added to the False Claims Act in 1986, dozens
of federal and state laws protecting whistleblowers and
Paul Revere Freedom to Warn Act as an addition to the Homeland
Security Act in the US are good examples of whistle-blower
protection. The Law Commission in its 179th report proposed
such a law, and drafted a Bill. This must be enacted speedily.
Second,
the issue is deeper and more complicated than mere whistleblower
protection. Any such law would have ensured three things:
the whistle-blower would get job protection and immunity
against harassment, the identity of the whistle-blower would
have been kept confidential, and there would have been an
independent mechanism to investigate the complaint. However,
such a law would not be enough to protect the whistleblower
against murderous attacks. Satyendra had job security, and
his identity as an honest official at the field level opposing
the bureaucrat-contractor-mafia nexus and preventing irregular
payments was known to the assailants irrespective of his
complaint to the P.M. In fact, his letter to PM was almost
an year before his murder. The real issue is the increasing
affinity between politics, crime and corruption. It is well-known
that in many pockets of India the contractors have to pay
hefty sums to the local legislator and mafia don, in order
to participate in competitive bidding, or execute the work.
The inexhaustible appetite for illegitimate funds in our
political system, and the limitless opportunities to amass
wealth by plundering the exchequer have created an explosive
combination. Mere palliatives will not do; and if one avenue
of supply of funds is closed, more dangerous avenues open
up as the demand for vast sums on account of the constituency-based
election and lure of legislative office as a source of plunder
are not addressed. Unless we go to the roots of the problem
and reform our political system, we cannot eliminate the
criminal-neta-babu nexus.
We
must look at alternative systems like proportional representation
which give honest and competent candidates a decent chance
of getting elected, and reduce the dependence of parties
on criminals and mafias on grounds of "winnability".
And we need to reduce incentive for legislative office by
separating executive authority from legislature in states.
Today, no government can survive long without yielding to
pressures of MLAs for transfers and postings, finalizing
contracts and tenders in favour of their chosen bidders,
or subversion of crime investigation and prosecution by
political manipulation. It is this combination of dependence
on local mafias for election and the compulsions of survival
in power which are at the root of the crisis. Only alternative
models of representation and separation of powers will promote
integrity in public life and safeguard honest public servants
like Satyendra.
Third,
lawlessness has crossed all limits of tolerance in Bihar,
Jarkhand, UP and a few pockets like Rayalaseema in AP. Firm
and decisive steps are needed to restore rule of law and
public order. The British had to raise an army of over 100,000
troops in the second decade of 19th century, and wage a
war for several years to crush the Pindaris in Central India.
Today's crisis in parts of India is as severe and complicated
as that created by the marauding robber bands 200 years
ago. The past three decades have witnessed conditions of
anarchy and breakdown of rule of law, the worst manifestations
of which are evident in Bihar. The Indian state must now
summon similar will, and create new instruments for making
conditions safe for citizens, and conducive for liberty.
If all parties show restraint and good sense, it is possible
to overcome hurdles, and find creative ways of restoring
rule of law without undermining liberty and federalism.
But the problem cannot be wished away any longer, and the
festering sores must be treated before they become gangrenous
and threaten the whole nation.
Satyendra's
brutal murder is both a challenge to the Indian state, and
an opportunity to restore sanity in our public life and
strengthen democracy. Our political parties must bury the
hatchet and respond collectively and creatively.
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