Framework And Guidelines For Use Of Social Media For Government Organisations

The recent agitation and public outcry for the passing of Jan Lokpal Bill of India 2011 has shown the power of “Collective”. Indian Government has realised that “Collective Wisdom” and “Strength of Public” cannot be Controlled or Suppressed.

Now it is also clear that mere “Promises” and “Proposals” would not fool Indian Citizens any more and “Actual Implementation” would be “Forced” upon the Indian Government if it keeps on linger implementation of the same for long.

Although proposals for including the Citizens of India within the fold of “Decision Making” was mooted previously as well, but they were merely “Proposals” with no actual implementation. Till now we have no Legal Framework or Regulation that can Empower Citizens to “Participate” in Decision Making process and the same proved to be a “Political Gimmick” only.

Similarly, proposals regarding providing of Electronic Delivery of Services to Indian Citizens were given from time to time, but the ultimate Draft Electronic Delivery of Services Bill, 2011 proved to be a “Mockery” of this Principle. The ultimate EDS Bill 2011 proved nothing more than “Legal Jargon” with no actual “Empowerment” of Indian Citizens.

Now Indian Government has come up with another “Proposal” that may or may not receive the same fate as has been faced by Citizen’s Participation and Electronic Delivery of Services initiatives of Indian Government. A new Framework for use of Social Media by Governmental Organisations has been suggested by the Department of Information Technology (DIT).

This is not the first time that any such Framework has been suggested by any country. Other countries have already suggested such Framework but they are actually implementing the same. Can India implement the same is the big question and only time would answer that question.

Jan Lokpal Authority Of India

Till now it is absolutely clear that the proposed Jan Lokpal Law of India must be Techno Legal in nature. The existing Bills are suffering from many “Deficiencies” and absence of “Techno Legal Aspect” is one of them.

For instance, Technology is the Best Whistleblower and a Jan Lokpal Authority or Law that does not believe in this “Technological Use” is bound to be another Authority with practically little benefits and uses. That is why a Strong and Effective Whistleblowers Protection Law in India is urgently required.

However, I wish to cover another related aspect of the proposed Jan Lokpal Law of India. The “Real Strength” of the proposed Jan Lokpal Law of India would be the “Jan Lokpal Authority of India”. If we have a Weak or Ineffective Jan Lokpal Authority in India, the proposed Law cannot serve its purpose.

The first aspect that must be resolved is what should be the “Composition” of the proposed Jan Lokpal Authority of India. I believe that the composition of the proposed Jan Lokpal Authority of India must essentially involve Experts representing fields like Judicial, Legal, Technological, Social Justice, etc.

No matter how many Experts from each field are made part of the Authority, the Authority must be Techno Legal in nature. Preference must be given to Experts who have knowledge of both Technical and Legal aspects.

Another aspect that needs to be considered is the “Nature” of such Authority. Should such authority be a “Constitutional Authority” or can it be a “Statutory Body” under the proposed Jan Lokpal Law of India? If it is a Constitutional Body, what additional efforts we need to make to make it “Functional” immediately? If it is a Statutory Body, it can be Constituted along with the passing of the Jan Lokpal Law of India.

These issues require immediate deliberations before the Parliamentary Standing Committee and they must be resolved while passing the Jan Lokpal Law of India by the Parliament.

Indian Jan Lokpal Should Be Technology Driven

One of the major problems with the proposed Jan Lokpal Bill of India 2011 is that all the stakeholders are considering it to be another “Traditional Authority”. They are not willing to accept that the Jan Lokpal Authority of India can be Technology Literate and can handle the challenges of present Information and Communication Technology (ICT).

I believe that in today’s era, Technology is the Best Whistleblower and a Jan Lokpal Authority or Law that does not believe in this “Technological Use” is bound to be another Authority with practically little benefits and uses. That is why a Strong and Effective Whistleblowers Protection Law in India is urgently required.

In the past, I have been maintaining that the present Jan Lokpal Bill of India 2011 is not Strong and Effective as it failed to cover many crucial issues. I still maintain that viewpoint, though People may differ. But I think, this viewpoint of mine must be elaborated further.

But before doing so I wish to express my joy with the “Satisfactory Managing” of the Jan Lokpal Fiasco by our Parliamentarians who have showed great Courage and Respect for Indian Constitution by referring the matter to Parliamentary Standing Committee (PSC).

Since the issues of Legal Framework for Whistleblowers Protection and Judges Accountability have already been referred to the PSC, I would not discuss those issues here. Sufficient is to say that both Laws are “Absolutely Essential” for the successful applicability of proposed Jan Lokpal Law of India.

However, I would like to discuss the Information and Communication Technology (ICT) related issues of Jan Lokpal Law that has been received with much Skepticism and Doubt. To start with, I firmly believe that proposed Jan Lokpal Bill and the corresponding Jan Lokpal Authority must be Techno Legal in nature. Both the Law and Authority must be capable of dealing with both Technical and Legal Issues Simultaneously and on its own.

The “Onus and Responsibilities” of the Jan Lokpal Law and Authority would be enormous so the Jan Lokpal Authority to be constituted must have a “Techno Legal Composition”. Experts from both Technical and Legal Fields must be part of this Authority, with preference to Techno Legal Experts who can do justice to this position.

Surprisingly, as I said before, a majority of People believe that Lokpal has nothing to do with Technology. This is a wrong conception as Lokpal must be Tech Savvy and Technology Driven.

A Lokpal Authority would be better equipped if it can understand Techno Legal issues. For instance, if a Scam or Corrupt Practice has occurred in the field of E-Procurement, E-Banking, Electronic Services Delivery, etc, the Jan Lokpal Authority would not be able to solve it unless it receives help of “External” Techno Legal Experts. So the composition of the proposed Jan Lokpal Authority must be Techno Legal in nature.

Further, if we confine the Applicability and Scope of Jan Lokpal Law to “Non Technical” and “Traditional Issues alone”, Frauds, Scams and Corrupt Practices in the fields like E-Procurement, E-Banking, Electronic Services Delivery, etc, would remain “Untouched” and beyond the Scrutiny of Jan Lokpal Law. This is a serious “Lacuna” especially when India is adopting E-Governance for Public Services Delivery.

So all those who believe that Techno Legal Aspects must be keep out of the ambit of proposed Jan Lokpal Law, they need to rethink again as their approach is limiting the Scope and Applicability of the proposed Jan Lokpal Law.

The Fiasco Of Jan Lokpal Law Of India

Till now two things are absolutely clear regarding the Jan Lokpal Law of India. The first is that Indian Government is not at all serious about eradication of corruption in India. The second is that it is adopting “Double Standards” in this regard. On the one hand it is saying that making a law is the prerogative of the Parliament of India. On the other hand, the Parliament of India is not at all interested in enacting a strong, effective and robust Corruption Law of India.

This is the reason why Jan Lokpal Law has not been enacted since more than 42 years it was originally proposed. The delaying tactics are not new for Indian Government. It has been almost two months since the Joint Drafting Committee (JDC) for the drafting of Jan Lokpal Bill of India 2011 was formulated. Considering the present circumstances, it is clear that no draft Bill for Jan Lokpal would be introduced in the current monsoon session of the Parliament.

Further, even if some “Secret Bill” is introduced in this regard in the Parliament of India, it would not be passed just like the past 42 years. Even by some miracle such Bill would be passed by Parliament of India, it would not be made an “Enforceable Law” by the Executive. Finally, even if it is made an enforceable law by the Executive, it would, in all probably a useless piece of Legislation.

I am not a pessimist but I also do not believe in “Blind Optimism”. It is very clear to me what is happening and where the Corruption Law of India is heading to. When crucial Bills like Privacy Law, Jan Lokpal, etc are kept out of “Public Scrutiny”, positive outcomes cannot be expected.

I also shared my suggestions with the Department of Personnel, Government of India, which can make the proposed Jan Lokpal Bill of India 2011 strong, robust and effective. However, they seem to have not been considered by the Department so far. This raises the genuine question whether Indian Government is open to critical and genuine public inputs in this regard or this entire episode of JDC is a façade to gain more time?

The Jan Lokpal Law of India must be “Techno Legal” in nature that must incorporate the benefits of Law, Technology and Constitutional Duties. Further, if Jan Lokpal Law Of India 2011 has to be successful it must incorporate many more issues like Technology, Whistleblower Protection, Harmonisation between Judicial and Lokpal fields, Right to Information, Mandatory Electronic Services Delivery, etc.

With the present approach of Indian Government that seems to be distant reality. God save India from omnipresent corruption that is not going to end for many more decades, perhaps never.

Jan Lokpal Act 2011 Of India Must Be Strong, Robust And Effective

Any Person or Institution that believes that Jan Lokpal Law of India is not required is certainly Corrupt and Anti National. This is the reason why the Government of India cannot deny its enactment. However, Indian Government can “Delay” its enactment and the same would amount to “Denial” of the very Jan Lokpal Law of India.

This “Delaying Tactics” is not new to Indian Government. The Lokpal Bill has been drafted for more than 42 years by Indian Government and it has failed to become an applicable law till now. The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008.

India’s intentions to ignore Corruption were also apparent when it did not “Ratified” the United Nations Convention against Corruption. Although India signed the Convention in 2005 but Indian Government refused to ratify the same. This is also the reason why Anti Corruption Laws of India remained not only “National’ in nature but also redundant and ineffective. Of course, India has now ratified the Convention and it has become mandatory for India to keep its laws in line with the same.

Realising that India is not at all serious in eradicating corruption, the Civil Society took up the task upon itself. Under the leadership of Anna Hazare the fight against widespread corruption in India was started. This resulted in the formulation of a “Joint Drafting Committee” (JDC) to draft a Jan Lokpal Bill of India 2011. However, the JDC failed to reach at a “Consensus” and it is believed that the deadline of drafting of the Jan Lokpal Bill would pass without any such Bill being drafted.

In the meanwhile, Baba Ramdev also started his fight against widespread corruption in India. He also raised a demand to consider black money deposited in foreign bank accounts as “National Property” and to formulate a law in this regard.

Unfortunately, in my personal opinion, the Government of India adopted “Unconstitutional Methods” to derail and demoralise this agitation of Baba Ramdev and he was detained and then deported from New Delhi. This entire episode is “Highly Unfortunate” and it would have been better if the matter could have been solved through “Negotiations”.

Although Indian Government has taken a “Drastic Step” yet my “Concerns” are more than that alone. In this entire episode we have forgotten about enactment of suitable Corruption Laws in India like Jan Lokpal Act of India 2011. My specific concerns at this stage are what the Indian Jan Lokpal Act 2011 must incorporate to make it Just, Reasonable, Strong, Robust and Effective. I believe that Jan Lokpal Act 2011 of India is “Not a Panacea” for all sorts of Corruption related problems in India. Nevertheless it is an important “Milestone” in the fight against corruption in India. So besides fighting Corruption, India must also focus upon Administrative, Legal and Judicial Reforms.

Further, if Jan Lokpal Act 2011 of India has to be successful it must incorporate many more issues like Technology, Whistleblower Protection, Harmonisation between Judicial and Lokpal fields, Right to Information, Mandatory Electronic Services Delivery, etc.

The Jan Lokpal Act 2011 of India must be Techno Legal to be most successful. It must “Empower” Indian Citizens not only Legally but also Electronically. E-Governance and use of Information and Communication Technology (ICT) must be an essential part of the Lokpal Mechanism.

Further, the proposed Jan Lokpal Act 2011 of India must be kept “Flexible” by incorporating “Enabling Provisions” now for which Rules can be framed subsequently. This way a “Vested Right” is created in favour of Indian Citizens to fight against corruption in India and even the Government of India would have sufficient time to develop finer modalities at a later stage.

I hope India Government would consider these “Concerns and Suggestions” of mine and they would prove to be useful to all concerned.