Wednesday, August 17, 2011

Constitutional rights of Anna Hazare and Government strategies.

Everyone and his dog knew that come 16th of August 2011, the anti-corruption movement would gather fresh momentum. The Anna Hazare movement and the Government of India were headed for a showdown. At 7:30 AM on the 16th, he was arrested because he would have broken prohibitory orders of the local police and staged a fast unto death.

The media coverage was a full blast as expected. Political analysts were bemoaning the infringement of rights citizens of this country have as per the constitution. Opposition parties in an extremely rare show of unity screamed foul and even contemplated boycotting the Parliament for 3 days. Elsewhere across the country people came out in support even if they didn't "Jail Bharo" as Anna wanted. The Government's position as articulated by its numerous representatives on New channels was that it had nothing to do with the whole situation.

The government expects its people to believe that
1. The Delhi police independently and without any political backseat driving set stringent rules that Anna Hazare could not/would not except.
2. That Delhi police on its own visited Anna Hazare and arrested him as - preemptive measure - because he was going to go to JP Park.
3. That the Delhi police and the judiciary sent him to a 7 day remand on his declining to provide a bond for his release.
4. That the magistrate then had a change of heart and as is his prerogative, decided to send release orders to Tihar jail.

We can talk hoarse about how the government has no right to stop its citizen from protesting and discuss constitutional rights. We can also talk about how a citizen has no right to dictate what a duly and legally elected parliament should or should not enact. I think there is fair amount of arguments for both. If the Government thinks that it is being blackmailed then there is enough evidence to support such a thought process. Equally one can question the effectiveness of what civil right activitist are adamant is a watered down version of a Lok Pal Bill that will not be effective (or as effective) in tackling corruption.

What surprises me is that the Congress and the UPA have known about Anna Hazare's intentions on 16th August for many months now. While they tried to engage with him, some of its members called into question his integrity (for allegedly spending 2 lakhs for a birthday celebration), called him a stooge of the opposition, talked about conspiracy theories. At the same time another section talked about elected parliament (i.e. people's mandate) versus civil rights activists who are not the people's representatives. Its reactions and back tracking on the 16th show a lack of proper plan to handle an emotive and explosive situation. Media seems to suggest that Mr. Sibal and the Home Minister had planned the strategy. Now both of them are well known and eminent lawyers, articulate and well educated. If it is them that came up with this solution that I am very disappointed with the thinking of the UPA.

Perhaps with the Delhi police setting up conditions (only 3 days and less than 5000 people) for the fast and Anna Hazare refusing to accept them, gives the Delhi police a leg to stand on in a court of law. The police and therefore the Government can say it is following procedure in accordance to law. So what if a bunch of people invoke the memories of Emergency. At the same time the government is in a position to quell/disburse the movement without too much political damage. I do not know if that is what the political strategists of the government thought and I cannot but feel that they miscalculated on two fronts.
A. They underestimated the mood of the common people. By calling corruption an issue that bother's urban/educated populace is a very dangerous presumption. 
B. Even if they are right in their actions (which multiple lawyers claim they are not), politics is as much about perception as it is about right or wrong. Their actions have only made Anna Hazare's movement stronger.

Anna Hazare in all likelihood will walk out of Tihar Jail on his own terms, i.e. fast as long as he wants to with no restrictions on number of people. If the Government does not bow down to his terms that he will continue to fast from Tihar Jail. Either which way his goals are met.




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