Hazare and the Rule of Law
There has been a great tragedy in the events surrounding Anna Hazare over the past week, one that cuts to the core of what it means to live in a democratic society. Anna is rightly arguing that the rampant corruption at all levels, which is so pervasive in Indian politics, undermines democracy. But there are other threats to democracy, too, and we have seen one of the most dangerous in the government’s response to Anna. Democracy is also undermined, and eventually destroyed, by a breakdown of the rule of law, and what we have seen over the past week in the government’s response to Anna has been the very opposite of rule of law.
Over several days, we have seen the government place restrictions on Team Anna’s protest, then lift some restrictions, then arrest Anna, then attempt to release him, then drop all restrictions when he refused to leave jail. It has been total chaos, by any account a botched attempt to exert any sort of authority. The government has not demonstrated leadership; it has simply followed the will of a very vocal segment of the population. Decisions have not been based on the constitution or on any objective standard of justice. They have been dictated by emotion, political expediency, and fear. And those are very harsh dictators indeed.
The problem is not the protesters. They are peaceably exercising their right to free speech. Democracy cannot function well without citizens who are willing to do just that. However, the government has a responsibility to maintain order in the face of such protests, when it is under immense pressure. It is in these times that the rule of law is most important. The rule of law dictates that all people, regardless of position, are ruled by the laws of the land, applied consistently. No one is above the law and no one is exempt. The police thereby truly act as law enforcers, not law creators, and governments uphold the laws they have written, rather than acting in the moment to respond to particular people and situations.
When there is no rule of law — law that is no respecter of persons, that applies equally to all — then systems are open to corruption. Money or fame or personal relationships or threats of violence or blackmail — any of these buy influence. Police and politicians base their actions not on what is right or legal or fair, but on what is beneficial. This inevitably empowers a strong and corrupt minority at the expense of the majority, who are without money or power or influence. In the end, we all suffer.
So I wish Anna, and indeed all of those bold enough to take a strong stand against corruption, well. And I hope that the government, in its dealings with Anna, will exercise appropriate authority based on the the rule of law, rather than sacrificing principle in favour of its own short-term interests. Only then will democracy truly thrive.
