About Me

My photo

Krishna Kumar Singh, also known among friend circles KK and among close relative Krishna; Matriculation from Mithila High School Balour, Darbhanga in 1959, Graduated in Political Science Honours from C M College, Darbhanga, Bihar University in 1963; Joined post-graduate in Political Science the same year but dropped; joined Naxal movement under Charu Mazumdar, Kanu Sanyal, Satya Narayan Singh and Umadhar Singh in between but circumstances compelled to join literary work, clerk, proof readers etc in different publishing houses for livelihood; Finally joined journalism as career in different English newspapers and before my retirement from active journalism, I worked in The Times of India for about 19 years and retired as Chief Reporter  a few years back; continuing in journalism-reading more and more, writing more and more and praying to Almighty more and more-currently writing for different national English and Hindi dailies and magazines..

Sunday, 18 September 2016

SEDITION LAW IN INDIA : MISUSE BY SUCCESSIVE GOVERNMENTS !

MUCH TALKED ABOUT use or misuse of sedition law is making headlines these days in India! IN fact sedition law and its incorporation in ( Indian Penal Code ) IPC Section-124-A was first enacted by British Parliament in 1860s for India especially when India was enslaved by Britishers. And successive India governments, after independence, have used and misused the law  for enlightened self-interest, mainly to stifle the voices of dissent !

Before I discuss in detail the sedition law, enacted by British Parliament and its fall-out in India, I want to mention that the first person to be convicted under Section-124A was a prominent Nationalist leader, Bal Gangadhar Tilak. His newspaper--Kesari-- had carried a report on Shivaji......Tilak was charged with sedition before Bombay High Court in Queen Empress vs Bal Gangadhar Tilak (1897). Tilak was imprisoned in Burma jail from where it became a boon for Tilak as he authored the famous book---Geeeta Rahashaya---, a critical appreciation of Bhagwad Geeta.


Since than much hue and cry was raised over sedition law. After the independence of India from foreign yoke, the framers of the Constitution decided to adopt the model of the Irish Constitution in specifically enumerating exceptions to the right to free speech. In early draft of the Constitution that were circulated within the Constituent Assembly(CA) 'sedition' was set out as one such exception to the right of free speech. During debate on the floor of the CA, a champion of the 'free speech" K M Munshi moved an 'amendment' to remove the word 'sedition; from the exceptions. Abhinava Chandrachud, in an essay in The Frontline, has written, although the historian Granville considered Munshi to be one of the 'strongest advocates' on the 'limitation of rights', Munshi by contrast, mounted one of the greatest defence of the right of free speech. He argued  in the CA that the view taken by the Federal Court ion Majumdar's case was the correct one. It was partly because of his 'efforts' that  'sedition' was finally deleted as an exception to the right to free speech in what would become Article 19(2) of the Constitution. 


"....Shortly after the Constitution came into being, in November 1950, The Punjab High Court held Section 124-A to be unconstitutinal. However , thereafter the first amendment to the Constitution was passed in 1951 and the words 'public order' were inserted as an exception to the right to free speech. Soon , in Kedar Nath vs state of Bihar (AIR 1962 SC 955) the Supreme Court held that Section 124-A was vakid restriction on the fundamental rights to free speech.Even so, the court accepted the view adopted by Chief Justice Gawyer in Majumdar's case. Kedar Nath was a communist, who had made a fiery speech in Bihar in which he said, among other things: We believe in that revolution....which will come and in the flames of which the capitalists, zamindars and the Congress leaders of India, who have made it profession  to loot the country, will be reduced to ashes."

The SC  had held that Section 124-A was aimed at 'rendering penal only such activities as would be intended, or have a tendency, to create disorder or disturbances of public peace by resort to violence.' Merely arousing 'bad feelings or feelings of enmity or hatred towards government would not be considered sedition.

Chandrachud has further written, "In 1941, the Federal Court in India attempted to bring the Indian law of sedition in the lines with Enlgish counterparts. A case was brought befire it by Niharendu Dutta Mazumdar, a member of the Bengal legislature, who had, in the words of the Federal Court, made a 'violent' forthy and irresponsible' speech criticizing the Governor and Ministry of Bengal for their inaction during the Dacca riots. Chief Justice Maurice Gwyer sdopted the post -1832 English law of sedition libel in order to interpreet Section 124-A of the IPC.'The act or words complained of must either incite to disorder or must be such as to satisfy reasonable men that their intention or tendency.' Mazumdar was, however, let off as the court did nit consider his speech 'as inciting those who heard it...to attempt by violence or by public disorder to subvert the government.'"

The court had considered the intention and tendency of speech for framing anybody under sedition law.  Under the present circumstances of imposing sedition law in indiscriminately in India Chandrachud has aptly written, " policemen who investigate complaints of sedition must therefore ask themselves a simple question: Does the speech which has been called into question merely express hatred, contempt or illwill against the government, or does it incite others to commit acts of insurrection, rebellion or public disorder? It is only when a speech falls in the latter category that it can be considered as constituting the offence of sedition. Merely raising anti-India slogans, reprehensible though this may be, would by itself be insufficient to sustain a conviction under Section-124A. A public interest petition has been filed in the Supreme Court by non-governmental organisation--Common Cause--, seeking, among other things that before any FIR is filed or arrest made by the police under Section 124-A, the Commissioner of Police or Director General of Police must certify that the test in Kedarnath has been satisfied."

Before 1832 the English law of sedition had provision that a person could be convicted for sedition for saying anything that brought the government into 'hatred or contempt' or even for merely raising 'discontent or disaffection' against the government. Later it was changed to some extend. The original draft of the IPC was drawn up in 1837 by the Indian Law Commission headed by T B Macaulay.Section 113 of this draft made it an offence to 'excite feelings of disaffection against the government................But it was not included in final draft version of the draft of the IPC in 1860.......they considered British India a  was a laboratory where they could test how a code would function.......Finally an amendment was introduced in British Parliament in 1870 and Section 113 of Macaulay's draft was inserted into code as Section 124-A. It appears that British government though t of revolution in India for independence and thus 'treacherous section was inserted to curb the freedom of speech in India that time.

Moreover, it has become a fact that India is yet to keep herself for from colonial rule and the pre-1832 English law of seditious libels now become the law of sedition in India. And Narendra Modi government is abusing the provisions to stifle people's voice

Wednesday, 14 September 2016


KASHMIR MAY BE AN INDEPENDENT COUNTRY!

We Indians must exactly remember the splitting. of Unified Pakistan--East Pakistan and West Pakistan-- within 17 years of independence in 1947.Because of step-motherly treatment, torture and atrocity, committed by the elite political class of West Pakistan on East Pakistan brothers and sisters, A long agitation was launched by the people of East Pakistan under the leadership Sheikh Muzibur Rehman. And at last under the patronage of India led by the then prime minister Indira Gandhi, Bangladesh was created following bloody revolution. And a history was created in the South-East Asia !

Now history is expected to be repeated. Similar things are happening in Kashmir.Kashmir has long history of the 'so called foreign interference' and ignoring of the sentiments of the people of Kashmir. Kashmir was independent country! "Akbar was the first outsider, who destroyed in 1589 the independence of Kashmir. No body had succeeded in doing so before then"-(Nice Guys Finish Second, page 610) Freedom movement" began with the conquest of Kashmir by the Mughal Armies".Akbar's armies marched into Kashmir on June 28, 1586. Mughal rule lasted in Kashmir for 166 years until 1752, when a brutal reign of the Afghan began. In 1814, Maharaja Ranjit Singh invaded Kashmir The Lahore Darbar was betrayed by its Dogra feudatory. Gulab Singh of Jammu, who was in league with the British. He acquired Kashmir by the infamous Treaty of Amritsar, signed on March 16,1846, for Rs 75 lakh. It was aptly, called a 'deed of sale' And last but not the least, after independence, the India Government led by Prime minister Pundit Jawahar Lal Nehru and union Home minister Sardar Ballava Bhai Patel had forced and coerced Maharaja Hari Singh, son of late Maharaja Gulab Singh to merge the state with Indian Union. Kashmir became part of India despite opposition of Kashmiris.

Since than Kashmir is practically under seize by India government in the name pf restoring so called peace in the valley.Thousands of Indian security forces were deployed in the valley. In the process, over 25,000 Kashnmiri were killed and many injured and remained paralyzed . Women were raped; children were kidnapped. And in all theses nefarious acts, security forces were involved.. For over last two months, the Kashmir is boiling-unrest and agitation is there in entire Kashmir. And atrocity of security forces are going on. Kashmiris are crying for 'azadi' ! Even on Eid , all mosques and shrines were closed by J&K government, escalating further resentment.

KILLING THE SOUL OF KASHMIR:--Today the situation is getting grimmer and grimmer in Kashmir. Noted Columnist A G Noorani has written in The Frontline, "The Prime Minister Narendra Modi has decided to kill the soul of Kashmir and has provided ample warning that worst is yet to come. The people's revolt will be crushed by military force, deployed under a thick smokescreen of falsehoods to silence whatever little dissent there is in India on Kashmir,delude international public opinion and appease the United States in the name of combating terrorism.The door is shut on any real dialogue on Kashmir with Pakistan or with the people of Kashmir.The real agenda, which is viciously communal, has been laid bare.Worst of all ,Modi has decided, like his natural ally, the U S , to trample on international law.It is reckless game to play buttress power at home.The Chief Minister of Jammu and Kashmir Mehbooba Mufti, is a willing accomplice, using her own brand of rhetoric to deceive her people."

Kashmir always remained an open question. But the India government is branding protesters as terrorists and using brute force to stifle dissent. Prime Minister Jawaharlal Nehru had said in the Lok Sabha on March 31, 1955 (Selected works of Jawaharlal Nehru, Volume 28, page -318), "We must always remember that Kashmir is not a thing to be bandied between India and Pakistan. It has a soul of its own, it has an individuality of its own.We cannot, certainly much less can Pakistan, play with it as if it were something in the political game between the two countries.Nothing can be done without the goodwill of the people of Kashmir."

Many reports are pouring up on the present crisis in Kashmir. Well-informed journalist Shankarshan Thakur from New Delhi has written in The Telegraph on August 8, " This newspaper has been given to understand by those close to formulating the strategy in Kashmir that the Centre is inclined to move even further away from political engagement and deploy a stricter security across the Valley. Top army commanders based in the state met Mehbooba Mufti two days ago; they are meant to have discussed contingency plans to deploy the armed forces visibly across the valley and along the national highway to Jammu, a chronic militant ambush zone."Similar report has been published in The Asian Age, written by its Srinagar correspondent Yusuf Jameel, the same day,, which said, " The government is reported to have decided to assign the Army a "bigger and more useful role in resolving the crisis triggered by the killing of Hizbul Mujahideen commander Burhan Muzaffar Wani on July 8."Again on August 9, The Telegraph published Imran Ahmed Siddique's report from New Delhi:" Sources in the Union Hiome Ministry said the government intended to act tough and would deploy more armed forces across the Valley to tackle the surge of protests."

NARENDRA MODI'S 'S INDIFFERENCE:-----Are these things giving any signal to solve Kashmir crisis by India government ? Narendra Modi spoke after one month of crisis in Kashmir, a month later on August 9 at Bhabra in Madhya Pradesh and said 'Gullible and simple youths" are being misguided. Statement of Modi is just contradictory to the reports on Kashmir situation in different newspapers of the country. Main question is Kashmir is its people's aspiration--neither about any other country nor about terrorism ! Only need of the hour is to "engage with the people of Kashmir and have a sustained dialogue on Kashmir." with Pakistan and other affected people in Kashmir itself..But these things are not happening ! Modi government is not permitting the U N High Commissioner for Human Rights Zeid Ra'sad al-Hussein to permit his team access to Jammu and Kashmir and PoK, as he requested Pakistan !"India has very bad record of refusal to the U N 's Special Rapporteurs on Human Rights," commented A G Noorani.The Indian Express has written on August 8, "'Mehbooba Mufti's statement that the violent is senseless appears truly juxtaposition. It is senseless because a five-year-old Nasir Ahmed Khan is found on the street with a needle and sand pierced into his eyes---Kashmir has been independent and existed outside of the Indian nation--state for a long time now. Today, if there is a silver lining amid its time of bleeding and mourning, it is that it inches closer to standing independent of those forces that act, oppress and deceive from within........"

Worse situation is prevailing in Kashmir today since July 8. We must remember Bhagalpur blindings  and subsequent uproars and know that how the people of Kashmir are being blinded? People are shot at in order to kill them and not protesters alone. Police and security forces are raiding hospitals to arrest the agitating and injured people. A G Noorani has written, " This technique was tried out by Latin American dictators. It is being used in Kashmir by New Delhi in the name of democracy. This pattern of security forces' intrusion into hospitals was in evidence after July 8, 2016. Incidentally, we had the demolition of the Barbri Masjid  which L K Advani called' a political offence'; the Malegaon and Mecca Masjid blasts---all of them evaded accountability before the law." Veteran Economist Jean Dreze wrote in The Hindu, " on march 29,2002, " My initial purpose was to study the schooling situation but it turned out to be difficult not to focus on people's overwhelming concern; the endless zulum unleashed by the security  forces.The security forces were rarely out of sight, even in remote villages. As far as local population is concerned, Kashmir is occupied by a foreign army. Everywhere I went, there was sobering tales of harassment at the hands of Indian Army and paramilitary forces; curfews, searches, interrogation, killings of suspected militants and accidental as well as intentional killings of the innocent civilians, to name a few complaints."

Today pellets and bullets are being fired indiscriminately on Kashmiri. Sonia Gandhi has described "a grave danger to the country." The Indian express reported that being afraid of being harassed by security forces, parents are taking their boys with pellet wounds to Amritsar. Security forces are firing guns above the waist on protesters with intention to killing and maiming them.The CRPF admitted that it has fired 3,000 pellets cartridges, each containing 450 metallic balls between July 9 to August 14. Many more atrocities and harassment in Kashmir. Less said is better.

Under present circumstances History will repeat itself, And Kashmir will split from India like East Pakistan split from united Pakistan and Bangaladesh was created, Fight for 'azadi' and international support are  getting momentum and world will see how India lost Kashmir only because of tactless handling of situation by union government led by Narendra Modi.!

Sunday, 24 July 2016

J

J: Jammu and Kashmir has received 10 per cent of all Central grants given to states over the 2000-2016 period, despite having only one per cent of the country’s population, analysis by of Central and S

Tuesday, 29 October 2013

INDIAN BUREAUCRACY, LEGACY OF BRITISH EMPIRE, ARE MOST CORRUPT IN LEAGUE WITH POLITICAL CLASSES !


     Indian bureaucracy -----Indian Administrative Service (IAS), Indian Foreign Secrvice ( IFS), Indian Police Service (IPS), and other central services and states services----have become much-maligned today in the wake of the degeneration of India with creeping corruption, inefficiency and of all lack of vision  because of  the encouragement of corrupt and thug political classes ,ruling the India successively since independence ! Among the many things our bureaucrats are worse legacies of the British Empire ! The Indian civil servants have become massively corrupt. Even Pundit Jawahar Lal Nehru, the first Prime Minister of India had little respect for the bureaucrats in India .As Pundit Nehru put in his autobiography, written in 1935, ' few things are more striking  today in India than the progressive deterioration, moral and intellectual, of the higher services, more specially, the Indian Civil Services (ICS). This is most in evidence  in the superior officials, but it runs like a thread  throughout the services'. Nehru had called officials as 'imperialists  stooges'.The time changed. And after independence, Nehru entrusted the officials of the ICS to conduct the gigantic tasks of 1952 general elections, the first elections in independence India hesitatingly because there were no alternatives. Moreover,'great credit  is  due to those who are in charge of this stupendous first experiment in Indian history. Bureaucracy has certainly proved its worth by honestly discharging the duties imposed on it by a honest prime minister', Lucknow based sociologist D P Mukherji commented.  The author of the book-India After Gandhi--Ramachandra Guha has written," in this respect, the 1952 elections was a script jointly authored by  historical forces for so long opposed to one another: British colonialism and Indian Nationalism. Between them these forces had given this new nation what could be fairly described jump -start to democracy."

   In fact the bureaucracy, as it exists today, is essentially, a creation of British Raj. At that time, it gave slaved India, and administration that was impartial but insensitivity. Eminent bureaucrat of independent India T N  Seshan, in his book---The  Degeneration of India---with his co-author journalist Sanjoy Hazarika has written, " the close association of the administration with the ruling colonial regime bred a natural suspicion of them among political activists. After all, the politicians were involved in the independence movement. The job of the administration was to suppress that campaign -any movement that constituted a challenge to colonial authority---and toss people in jail................The suspicion and hostility of the politicians towards civil servant and vice-versa has continued even after independence.. Each saw the other as a threat to his or her position and a competing centre of power...........The main civil service as it operates across the country's districts, which is where its impact is most pronounced, has two arms: the Collector (also known as the district magistrate or deputy commissioner) and the  Superintendent of police. Several  collector ates are grouped under a senior administrator, known as commissioner to form a division. The senior police officials, who ranks at the same level as the commissioner, is a deputy inspector general of police, some time an inspector general...At the second tier, the state level , the top officials is the chief secretary.......director general of [police is similar.....the top layer in the whole country comprises, the cabinet secretary, who is supposed to do on a national level what the chief secretary of a state does............" In nut sell this is the structures of bureaucracy in India.
        There were a few officials like Lalan Prasad Singh, ICS, former union home secretary. P C Alexander, secretary to Indira Gandhi ands Rajiv Gandhi, K Pradhan, former union home secretary, T N Seshan, former chief of the Election Commissioner of India, former rural development secretary  N C Saxena etc, who proved their metal and did not  buckle under political pressures and remained officials of proven integrity. Although political interferences in administrative work started  just after independence ,Pundit Nehru, Sardar Patel, the chief ministers, B C Roy (West Bengal , B G Kher (Bombay), S K Sinha (Bihar), G V Pant (Uttar Pradesh), R S Shukla (central province ), Kamaraj ((Tamil Nadu)  were the political personalities, who never tolerated any interferences in the domains of bureaucrats  by ruling or opposition political elites and rather, they protected the officials from any wrong-doings of ruling political classes  in the respective states and at the centre.

        But the deterioration in civil service began in 1960s. The successive brand of politicians in league with officials started indulging in corruption to mint money. Not only in corruption, they indulged but both officials and political classes bended rules, acts, and some cases even the Constitution for ' wrong doings.' Both the groups ganged up together in defeating India's first post-independence experiment with devolution of power to the villagers or the panchayati raj system. Both the groups ganged up in such way while implementing the system,, the experiment ended up in joke in early 1950s to 1970s. It was corrected only the prime minister ship of Rajiv Gandhi when an Act for Panchayati Raj was enacted .Another casualty in the confrontation between the civil service and politicians was the police, especially the lower constabulary and the general administration. Officials began siding with the ruling politicians because they were more vulnerable. Police connived with the ruling politicians for creating jungle raj instead of rule of law. In the merciless attack on bureaucracy, the American humorist P J O'Rourke says that since the 'actual work of government is too unglamourous for the people who govern us', they create' bureaucratic departments to perform the humdrum tasks of national supervision. Government proposes, bureaucracy disposes. And the bureaucracy must dispose of government proposals by dumping them on us' (O'Rourke, 1992)

       These days civil service is confused It is in search of an identity, but its role is determined by the perception of its political masters, not by the people. In this manner, the Indian  bureaucracy , like other arms of governance in India is on 'slippery downward slope' Rewards are sought and given not for merit and efforts but for those who can cut deals, broker arrangements. Seshan says in his book, " India's political structure and philosophy now says that  everything is acceptable unless you are caught or being blackmailed. Civil servants have taken a leaf from politicians in this regard:if you find some thing illegal, like accepting or demanding dowry, then there are two options before you. Neither option is honest one. It is a choice, these days, between resorting to influence peddling to get out of a fix or just brazening it out.. In addition, civil servants are battered to death, openly assaulted in their offices, intimidated in other ways including transfers and threat of foisted corruption charges "

        .The Indian civil service is still on the same pattern of frame built by  the British Raj. In India, IAS and other allied services men are considered  'highest elite classes' in the society even today. These IAS officials get training in British pattern since they join as probationers in Mussoorie. IAS probationers have been allotted to stay at the grandest, the Charleville, that stood on a ridge in Happy Valley and boasted a stay by the Prince of Wales (later George fifth) and Princess Mary of Teck, who in 1906 could never have envisaged that 50 years later everything devised for their comforts-the kitchens, the stables, the dinning rooms, the linen cupboards--would be in the hands of the people banned from the mall. Ian Jack  has written in the Guardian , " everything has changed , nothing has changed. The era that produced hill stations also laid down the foundations of the Indian Administrative Service, the IAS, which together with the Indian Foreign Service used to attract (and arguably still does) the brightest from each generation.. The IAS owes its structures to the British India Civil service, the ICS, which administered the country as a colonial possession from 1858 until 1947 through district officer system, in which a young Briton, public school and Ox bridge educated, passed a  highly competitive examination and after some  tuition in Indian languages and customs was given charge of an Indian district as populous as an English country, where under various titles (collector, district magistrate, deputy commissioners) he took charge of law and order and land revenues and any other piece of government policy that needed enforcing........."

        "............Lloyd George called it "the steel frame on which  the whole structure of our government and of our administration in India rests" and the IAS has kept the steel frame pretty much intact. Its officers exercise enormous authority over a district population of between one and two million, some time barely familiar with the  local language, apt to be lonely, forever facing the temptation of bribery. And they start so young, so terribly young. The new  recruits in Mussoorie, the lucky thousands who have been chosen from 500,000 candidates by excelling in exams and interviews  , are young enough to address visitors as Sir or Madam, but in a year or two they will sit as rulers of their small kingdoms,  having been examined in Hindi, the Constitution and the Laws. A young ICS man, setting out from Tilbury to India in 1910, would have felt no less blessed or anxious."

     In a country that over the past 20 years has been transformed -some would say disfigured-by private money, the IAS has survived as a a still-impressive public institution. As the College's deputy director Ranjana Chopra, said, speaking to the IAS's ability to handle natural disasters better than George Bush's Washington. "Everything may not work well in India, but here is something that does."

But the facts are otherwise about IAS, IFS, IPS and central and state services, these cadre men have now become most corrupt, barring a few. One politicians quipped, " it is the officers who teach us the first lesson of wrong doings by bending rules, laws and ultimately the Constitution, for minting money in present day India". Entire edifice of these cadres have crumbled under the pressure of corruption to mint money and also to give favours to persons of influence and in this game poor people of India are worse sufferers !

        Before I sum up the  essay, I think it proper to quote T N Seshan, who has said, " I spend sleepless nights worrying about the degeneration of  the country  and wandering what my contribution to the  regenerative process..........." and also the dream of Mahatma Gandhi for just and equatable society  ! In both the sections, these elite bureaucrats have failed miserably by succumbing to the pressure of successive brands of politicians !

Saturday, 26 October 2013

ACCUMULATION OF BLACK MONEY IN INDIA HOLDING DEVELOPMENT AND WELFARE MEASURES FOR POOR !



       INDIA has notoriety in gaining top positions in many ills in the society , being a largest democracy in the globe ,among the world's nations !  Black money, discrimination against poor and dalits, atrocity on women, malnutrition, illiteracy etc are the few examples, which have put INDIA on 'shanme list' in among the global countries. Today, I will put a few facts on accumulation of black money and deposited by Indian illegally in the foreign countries and cases of corruption , posing a serious threat on the development agenda of India.

       Sadly and curiously, INDIA ranks eighth and among the top ten in developing countries with illicit fund outflow at $ 1.6 billion . India particularly saw black money outflow of $ 123 billion from 2001-2010; according to the Global Financial Integrity (GFI) in December 2012. Apart from these black money of Indian stashed abroad, in the country itself over Rs 10 lakh crore are hidden by Indian capitalists, political classes, professionals, industrialists, corporates and multinationals etc, without being accounted. This is what is happening in India where development projects and welfare measures for over 70 percent of persons , below poverty line , are suffering due to lack of fund !

     The report of the GFI  has said that the total outflow of black money from India since independence until 2010 was $  232 billion. The aggregate value of illicit assets held by Indians from 1947 to 2010 is estimated at $ 487 billion. The report, titled ILLICIT FINANCIAL FLOWS, has found that only 27.8 percent of India's illicit assets are held domestically and 73 percent make their way overseas. But independent surveys have put the figures just vice-versa. Crores of black money inside the country are in the shape of benami illicit money and other assets, owned through black money. These black money are kept in fake bank accounts besides stashed in bags in the respective houses , especially by professionals and industrialists, capitalists etc.

      THE GFI has said, in 2012 alone, India was ranked 94 out of 176 countries in the Transparency Internationals Corruption Perceptions Index. India was tied with Benin, Columbia, Djibouti, Greece, Moldova, Mongolia and Senegal. Apart from that, The Transparency International, which has put India as one of the most corrupt countries in the world, has  said, in its report in 2008 ,that  40 percent of Indians have paid bribes to get a job done in public offices. This figure was 62 percent in a study conducted by the same firm in in 2005.

    The Indian government report itself has admitted that as of December 2012, the government has conducted 2603 surveys and has detected Rs 8255 crore in undisclosed income in the country. This figure was Rs 6572.75 crore in the year 2011-12 when 3706 surveys were conducted. In a White paper on black money, tabled in the Indian Parliament in 2012, the Indian government conceded that real estate sector is one of the largest holders of illicit income and unaccounted funds. A large number of transactions are not reported and a vast number are under-reported. As the realty sector contributes 11 percent to GDP, this huge amount of under reporting is a huge dent to the treasury.

          Independent  surveys have, however, while confirming the government's facts on realty sectors , also  pointed out that professionals like doctors, lawyers, contractors, neo-rich business men etc have huge black money and undisclosed income. BUT successive union and state governments have failed in its endeavour to unearth illicit and black money because of the connivance of political classes in black money holders in last many years. Not only Swiss  banks, there are many countries' banks, especially Nepal banks , where Indians have deposited or accumulated huge amount of black and illicit money. In the name of religion, many religious places like temples , matths, mosques, religious trusts are under the control of huge property and cash, totalling over Rs two.five  lakh crores without any account to the government.

     According to Yahoo news Website report; Swiss National Bank 's report also states as of end 2012, out of the total 2.18 billion Swiss franc, deposits by Indian individuals and entities-1.34 billion Swiss francs were held directly by Indian individuals and entities and the rest 77 million Swiss franks  was via 'fiduciaries' or wealth managers. The Swiss Bank report has said that Indians hold Rs 9,000 crore or 2.18 billion Swiss franks in Swiss banks at the end of 2012, according to data released by Swiss National Bank. The overall amount held in Swiss banks by entities from across the world is estimated at around Rs 90 lakh crore.

     India will now be able to track down the illicit money of Indians deposited in Swiss banks with an international agreement among 58 countries worldwide with Swiss government. The agreement is called, " Multilateral Convention on Mutual Administration Assistance in Tax Matters. Switzerland has finally agreed to share information on funds held in its banks to fight tax evasion and concealment of illicit funds. Switzerland was under tremendous pressure for co-operating with countries across the globe and divulge data on funds parked in Swiss Banks. It may be recalled that Swiss Banks have had strict client confidentiality clause and hence are a popular haven for illicit income. Now with the agreement Swiss Banks will have to bring down the wall of secrecy around its account holders and divulge information regarding overseas money held in the banks.

REFERENCES:- THE WEBSITES OF INDIA AND SWISS GOVERNMENTS, THE SWISS NATIONAL BANK,  THE GLOBAL FINANCIAL INTEGRITY,  THE TRANSPARENCY INTERNATIONAL, THE INDIAN PARLIAMENT, The YAHOO NEWS 

Tuesday, 22 October 2013

MANMOHAN GOVT BENT TO WEAKEN RTI ACT!

I Have no knowledge of Arabic Text as written  in The Koran. Just I am mentioning the English translation of HUD, "In the name of God, the compassionate, the Mercuful" translation of Arabic text in English by the writer J N Dawood, born in Bagdad in his book in the chapetr on  on JONAH***"The Koran---with parallel Arabic text" The writer translates the HUD in English---"----they cover up their breasts to conceal their thoughts from Him. But when they put on their garments, does He not know what they hide and what they reveal? He knows their inmost thoughts****"

Exactly this verse of the Koran reveals the surreptious move of the Manmohan Singh Govternment to exempt the Central Bureau of Investigation (CBI) from the perview of the Right to nformation Act despite vehement opposition by different sections of the society and government's other departments' views. Strangely bringing such move the union government has also ignored the Parliament and even National Advisiory Committee led by Sonia Gandhi. This is what is happening in democratic secular country--India. A very good thing enacted by UPA-1 as weapon to provide the citiozens to secure aceess to information under the control of public authorities in order to promote transparency and accountablity in the working of every public authority. But the Act is being silently and surreptiously being tramplated by the Manmohan Singh Government! What has gone wrong withis great economist Manmohan singh, prime minister of India? Manmohan will ultimately answerable to all these misdeeds not only for future generation but also the people of the country living presently!
Sadly , the Law Ministry had moooted the partial proposal to exempt CBI from RTI Act-the Department of  Personnel initially opposedthe move. And final curtain was down with the Attorney-General of India G E Vanamati pushing for total exemption of the CBI from the perview of RTI Act.
Suspicion of people arose right from the very beginning over the proposal to keep the CBI from the perview of the Act. Because the CBI handles important corruption cases, involving big politicians, top officials etc. Successive union governments always put the CBI under the thumb to help the big culprits from the net. Now it has been justified hundred percent that union government wants to keep CBI under thumb to suit its  political intesrest.Right to Information Act weapons of people were always putting the CBI and the union government under tenterhook by knowing what is happening and progress in the investigations of much-maligned cases, involving big politicians and officials as well as cronies of the ruling elites.
Originally RTI Act has exempted 18 public authorities under central government from disclosure of information under Section 24 of The Act, which included intelligence and security organisations in the interest of the country. For further exemption, the union govternment could broaden the areas in the name "security of the nation" without seeking any permission from the Parliament for its sanction but it is mandatory to place every such exemption and subsequent notification before each houses of the Parliament. Now the Indian people will must watch how the representatives of different hues in the both houses react over this exemption to the CBI! Moreover the Union cabinet okayed the exemption to the public authorities like CBI, National Investigation Agency, (NIA) And National Intelligence Grid in its meeting in the first week of June 2011 and exemption notices  were issued by the Joint Secretary in the  Ministry of Personnel, Public Grievances and Pension on June 9, 2011. Instead of bringing more and arenas for under RTI Act for more and more transparency -this is what union government has been doing gradually to weaken the RTI Act. Vanamati has put very funny logic of the CBI that as the agency that cases are referred to it for lodging cases from the courts as well as the economic cases and economic security of the country at risk etc.Vanamati has placed hollow logic to exempt the CBI-- CBI is not an intelligence gathering organisation and Section 24(1) of the Act clearly states that information pertaining the allegation of corruption andf human right violations shall not be execulded under this sub-section and that such information should be provided after the approval of the central Information Commission.Strangely, many government agencies were violating such provisions and not responding to the petitions, referred by CIC, Subhash agrawal, a noted RTI Act activist said, while deploring the exemption to the CBI.
Even the member of the A NAC Aruna Roy and Wajahat Habubullah former CIC have opposed the exemption and hacve pointed out that there were conpiracies from the very beginning to weaken this bright and people firiendly Act to expose the governments both at union level and state levels. CBI is not a intelligence gathering organisation but it is investigating serious corruption cases like loot of public funds manily by politicians and officials, they remarked.Vehement opposition are goning on to protest the exemption but the union government is in its deep slumber and opposition leaders do not have time to take up such important issues. Here we must remember the weakening of left parties in the country, which would have initiated protests strongly to condemn such morve of the union government and restore earlier position!
Sadly what has gone wrong with newsapers, news magazines, electronic channels? Why they are silent over such serious development? Except Hindu and Front line fortnightly , none of of the media have paid attention over such serious issues! Are they realy under "undeclared censorship" imposed by the governments of Union and states and also the proprietors of media houses for their englightened self interest? This is freedom of expression and press , enshrined in the Constitution. And we the people have also become worse than Murda (dead bodies) or this country has become "murdon ka desh( country of dead bodies) and we are tolerating atrocities by the government in our decadent society.
At this moment I exactly remeber a verse of Upanishad, "uttishth jagrat prapy barniin bodhat! (uttho jago aur bare se gyan prapt karo duniyan to jitene ke liye- awoke from deep slumber and finally become consicious