Sunday, December 25, 2011

Land without Justic

"...the murder case of LN Mishra, former chief minister of Bihar and right-hand man of Indira Gandhi, is dragging on 37 years...

The corruption case against Sukh Ram, former telecom minister, has gone on for 16 years.

 In the category “enforcement of contract” , India ranks 182out of 183 countries! It is the second worst in the world.

An outrageous 1,500 persons died in police custody last year, and only the na├»ve will believe that these were mostly natural deaths. 

To put it bluntly, India is a land without justice. So, Hazare’s belief that a powerful Lokpal with investigative powers will stem corruption is dead wrong. Unless we have root-and-branch judicial reform to speed up processes and verdicts, the new Lokpal will simply increase the already formidable backlog of incomplete cases in the courts. Unless there is justice for all cases, we will not get justice in corruption cases."


Aiyar has been arguing for long why Hazare's anti-corruption drive is essentially just a run around the core problem - no working judiciary. One can understand that Indian Politicians would not take any interest in changing all this since they are full party to this state of affairs. Career politicians benefit enormously - personally & politically - in keeping this totally dysfunctional system as is. These same politicians would once in while do some political white wash by sacking few ministers here and there, but basically there are no fundamental changes there.

Really sad part is people who otherwise can change India - Anna Hazare and his followers in millions - also in a sense miss the whole point. Same goes with those few politicians who want to make some real change - Dr. Singh or Rahul Gadhi and others. All of them miss the core issue of total absence of functioning courts in India at all levels. As Aiya puts it so well, unless it is addressed; Team Hazare in unlikely to move the battle against corruption decisively.

Sometime back Aiyar listed 3 sectors which drive maximum corruption in India - land & real estate, mining and finally defense contracts. This rings a bell when one reads:

"In today's China, the abilities to buy and sell real estate and to win government contracts are among the greatest drivers of wealth, and it's those who are already wealthy and well-connected who have access to these opportunities."


This means both these economies - China and India - are still hobbled by transparency and lack of basic contract enforcement of through local judicial system. 

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