---------- Forwarded message ----------
From: Vivek sundara <viveksund...@gmail.com>
Date: Sun, Aug 21, 2011 at 8:47 PM


Date: 21 August 2011
Subject: Aam Jan Lokpal, UIDs: A Third View By Gopal Krishna



Aam Jan Lokpal, UIDs: A Third View By Gopal
Krishna<http://www.countercurrents.org/krishna200811.htm>


**

Aam Jan Lokpal, UIDs: A Third View

*By Gopal Krishna*

20 August, 2011
*Rediff.com*<http://www.rediff.com/news/report/a-third-view-on-aam-jan-lokpal-uids/20110819.htm>

*Today, in addition to Aam Jan Lokpal, the country seeks liberation from
non-governmental institutions which takes birth due to legislations passed
by British Parliament in 1860 and 1882. *

Is there even an iota of doubt that independence from this colonial legacy
will make movements democratic and holistic? Will Parliament and the State's
legislative assemblies take steps to dismantle this colonial law that
creates non-governmental institutions in the country?

Historical and political understanding of most non-governmental institutions
can be gauged from the fact that the Unique Identity Number/Aadhaar number /
National Population Register which is a chain for slavery deemed to be a
solution just because of touching faith in discredited rulers and the
companies.

One of the most recent Wikileaks indicates that former dictator Hosni
Mubarak and his regime handed over the database of UID card to the Federal
Bureau of Investigation.

On June 29, 2011 Prime Minister Dr Manmohan Singh met six editors to speak
on corruption and Lokpal, but instead, he implied that Unique Identity
Number/ Aadhaar Number being created by the chairperson of Unique
Identification Authority of Indiaand former Infosys [ Get Quote ] CEO Nandan
Manohar Nilekani to deal with corruption.

Surprisingly, non-government institutions in general have failed to fathom
the threats posed by commercials czars who have proposed the Centralised
Identities Data Register.

If the goal is to change the system instead of change in the ruling party,
Lokpal alone is not sufficient. Most people involved with the 'total
revolution' movement in the 1970s have opened their own departmental stores,
shops and non-governmental institutions who had led a similar
anti-corruption movement.

Before they take retirement or be left in the pit of oblivion, they must
answer as why did they abandon their own call for 'total revolution'? Why
they did not deconstruct in the context of their movement and failure in the
context of world history. Why they made total revolution' as meaningless
word?

If it is indeed about change in the system, where is the manifesto of the
change? There are at least five things that merit attention in this regard.
One is sarkari Lokpal Bill, the second Jan Lokpal, the third is Aam Jan
Lokpal, fourth is National Identification Authority of India Bill, 2010 and
the Companies Bill 2009.

With regard to the first three there is an apparent agreement that on one
issue that country's political and administrative system have been poisoned
by the business enterprises and company's owners. Quite cunningly, these
enterprises and owners have engineered seemingly irreconcilable
confrontation.

Among these three my consent is with the Aam Jan Lokpal. But the real issue
is the intent of the government since early 1960s.

Recently, in the Parliament Library one came across Lokpal and Lokayukta
Bill that was introduced on May 9, 1968 by the then Home Minister
Yashwantrao Balwantrao Chavan was in the Lok Sabha.

Lokpal Bill, 1977 that introduced by the then Home Minister Charan Singh
when Shanti Bhushan was the Law Minister in the aftermath of the call for
'total revolution' and after the change of ruling political party in the Lok
Sabha in 1977.

The Lokpal and Lokayuktas Bill, 1971 was introduced by the then Home
Minister Ram Niwas Mirdha, In 1985, Law Minister Ashok Kumar Sen, in 1989,
the Law Minister Dinesh Govswami, in 1996, S.R.Balasubramaniam, Minister of
State of Personnel, Public Grievances and Pension, in 1998, M R Janarthanan,
Minister of State of Personnel, Public Grievances and Pension and in 2001,
Minister of State of Personnel, Public Grievances and Pension Kadambur
Vasundhara Raje were introduced in the Lok Sabha.

Once again, the 40-page Lokpal Bill, 2011 was introduced on August 4, 2011
in Lok Sabha by V Narayanasamy, Personnel, Public Grievances and Pension
Minister. As per PTI news report dated August 8, 2011, Vice President and
the Chairman of Rajya Sabha Hamid Ansari has referred the Bill to the
Parliamentary Standing Committee on Personnel, Public Grievances headed by
Rajya Sabha member of Parliament and spokesman of Indian National Congress,
Abhishek Manu Singhvi, the Congress.

The government has introduced it and the parliamentary committee would look
into it 'This Committee has vacancy for six more MPs. In coming days, who
all are recruited from different political parties would be interesting.

Is there anyone in the Parliament and outside the Parliament to explain why
the Lokpal Bill was introduced from 1968 to 1977 by the Home Ministry, then
by the Ministry of Law and from 1985 the Personnel, Public Grievances and
Pension till 2011?

Does it not reflect lower priority accorded to the Bill by successive
governments? Why is it that when it became clear that from 1968 to 2001
there was consistent failure to pass the Bill by the Lok Sabha, still why
has it been introduced in the Lok Sabha? Why such a historic and vital
legislation has again been put on the weak shoulders of the Lok Sabha?

While one wishes that there is genuine dialogue between Aam Jan Lokpal or
Jan Lokpal which is likely to happen in due course, the fact is that
government is not serious even about its own Bill else it would have
introduced it in the Rajya Sabha as it did in the case of Women's
Reservation Bill.

The current government's Bill is going to meet same fate of such Bills in
the past. Almost all parties who are in the Parliament have been in the
government. They worked very hard but so far the political parties have
failed to muster enough political will to get the Lokpal Bill passed by the
Parliament.

The same lack of political will is on display in the matter of Unique
Identification/Aadhaar Number and the National Identification Authority of
India Bill, 2010 wherein a global surveillance regime is emerging as the
real weapon against the government, the civil society and the present and
future generation of citizens.

This exercise reveals that government of India holds Parliament in contempt
because without Parliament's consent dehumanising biometric data based 10.9
million unique Identity/aadhaar number/ number has been created which is
linked to the National Population Register under Home Ministry.

Such identification which the Prime Minister feels is required for combating
corruption is based on like fingerprints etc is done for criminals and even
Mahatma Gandhi [ Images ] had opposed it.

This transformational government project that has failed in United Kingdom
is being undertaken by the prime minister and Nilekani at the behest of an
international financial institution is divorced from democratic pulse of
India and caters to new generation biometric technology and
self-identification companies.

Nilekani says, "When this law is in front of the appropriate standing
committee, why do we need an agitation? It escapes me why this is going on,"
in the country against corruption, as if he is an alien who does not know
the fate of the reports of the Department-related Parliamentary Standing
Committee on Lokpal Bill that was prepared and tabled in the Parliament in
1996, 1998 and 2001.

Will the PM and Nilekani explain as to what is the worth of these
parliamentary reports now and what is meaning of Parliament when Ministry of
Planning inserts Section 57 challenging the might of the Parliament in the
National Identification Authority Bill that makes Parliament a rubber stamp
in the matter of globally abandoned anti-corruption tool UID Number.

As long as Section 57 is there in this Bill Parliament's sovereignty and its
competence to deal with even the Lokpal Bill stands compromised.

Political will has been compromised due to up to five per cent of annual
profits of companies reaching the treasury of political parties otherwise
how Companies Bill, 2009 based on the recommendations of JJ Irani Committee
be deemed a Bill where citizens' will is reflected.

The Bill makes provision for only one person to make a company-One Person
Company Limited. The India Economic Census 2005, revealed that the country
has 4.2 million non-farm enterprises and less than 3 lakh Companies.

This is an exercise in the corportisation of the whole of non-farm
enterprises. It appears to be an engineered act of legislative corruption
that merits more consideration than Lokpal Bill before it is passed by the
Parliament given the fact that Verappa Moily, the new Minister of Corporate
Affairs has stated that its passage is his priority.

How can Lokpal Bill be accorded more time energy and space of country when
at stake is collective intelligence of citizens and the Parliament so that
companies do not become more powerful than our Parliament and laws become
their artifacts and not the artifacts of the legislature.

How the 'company' as entity be dealt with present callousness in law making
by ignoring that June 23rd 2011, the 254th Anniversary of our collective
defeat and exploitation at the hand of the British East India Company?

It was this defeat that gave British Parliament the authority to legislate
in relation to undivided India. How can Companies Bill 2009, an instrument
of future loot by companies be accepted with innocence or ignorance?

This is an instrument which is likely to eventually corporatise government
and parliament. Will corporate media and creations of British Parliament-the
NGOs be expected to act to stop privatization of government and the
legislatures?

Jan Lokpal is showing a mirror to sarkari Lokpal, which is fine. While
Hazre's team and related NGOs seem to be articulating the repressed anguish
of vast majority of those who suffer from black money, but they have so far
not shown any blueprint of that can dismantle the political and economic
system that is based on corporate corruption and show what changes will
enable its replacement.

The formation of non-governmental institutions through laws of 1860 and 1882
is legal but it isn't social, democratic or constitutional.

Most of these NGOs do not remember the that Mahatma Gandhi had opposed the
Asiatic Registration Act, 1907 because he opposed finger print based
identification of the British government under the law which gave identity
cards to Asians and Indians.

He had termed this law as Black Act and burnt it after his research showed
that "fingerprints based identification was needed only for criminals".

Anna Hazare's team and related NGOs must look in the mirror of Mahatma
Gandhi too.

In fact, except for few non-governmental institutions most are banyan trees
in a pot and rootless. Their existence alone is a constant reminder of the
acts of omissions of the British Parliament in the aftermath of 1857.

These institutions do not represent the general public. If some of them
speak about the dictatorship of companies, their crimes and about their
funding of political parties openly, one can respect them, but they cannot
say that they represent the citizens of India.

As per a 2009 estimate there are 3.3 million Non-Governmental Organisations
more than schools and hospitals in the country. If all of them come together
even then none can say that they are speaking on behalf of all the citizens
of India.

As a consequence of the legislation of 1860 and 1882 by the British
Parliament, undivided India (including Pakistan, Bangladesh, Burma, Sri
Lanka [ Images ]) although people of this region are crying tears of blood,
there is apparently an insurmountable difficulty in building a robust
people's movement.

Non-governmental institutions in general have fragmented the people's
movement by usurping citizens' space by 'representing' them and not letting
them represent themselves through sponsored platform politics instead of
people's politics.

For the sake of citizens sovereignty of the present and future generations
and as a step in the direction of freedom movement that commenced in 1857,
these laws must be repealed. There is a need for a white paper on
non-governmental institutions that came into since 1860.

There are some people among them who realize that NGO-based movements will
eventually reveal their fake character but still they remain associated with
them in the absence of visible alternatives for peoples' movement.

There is surely a scope for dialogue between Aam Jan Lokpal who hope for
genuinely democratic peoples' movement and the Jan Lokpal if they can
communicate that they support the call for repeal of NGO-related laws of the
British Parliament, Company Bill, and National Identification Authority of
India Bill that is meant to provide pre-dated legislative approval for the
UID exercise, besides creating a shared holistic manifesto for change,
instead of talking in fragments, then a democratic platform can be built
where being citizen is the only condition for its membership and not being a
professional or the association with any corporate entity in myriad
disguises.

*Gopal Krishna*, ToxicsWatch Alliance (TWA)
E-mail: krishna2...@gmail.com Web:toxicswatch.blogspot.com



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-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
*
*The UID project i**s going to do almost exactly the same thing which the
predecessors of Hitler did, else how is it that Germany always had the lists

of Jewish names even prior to the arrival of the Nazis? The Nazis got these
lists with the help of IBM which was in the 'census' business that included
racial census that entailed not only count the Jews but also identifying
them. At the United States Holocaust Museum in Washington, DC, there is an
exhibit of an IBM Hollerith D-11 card sorting machine that was responsible
for organising the census of 1933 that first identified the Jews.*
*
*
*http://saynotoaadhaar.blogspot.com/*
*http://aadhararticles.blogspot.com/*
*http://www.facebook.com/home.php?sk=group_162987527061902&ap=1*<
http://www.facebook.com/home.php?sk=group_162987527061902&ap=1>

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