Is the government giving licences to loot the public?
by Shobhan Saxena
by Shobhan Saxena
19 January 2011, 05:30 PM IST
http://blogs.timesofindia.indiatimes.com/Main-Street/entry/jail-for-petty-thieves-small-fine-for-rich-criminals
In the early 20th century, a British civil servant, posted in a dustbowl in central India, blew his top one morning when he noticed that his Indian servant hadn't polished his shoes properly. He called the servant, a young lad, and slapped him. Not satisfied with his explanation, the officer kicked him, punched him on the face and then slashed him with his leather belt. He kept beating him till he couldn't do it anymore -- the servant was dead. After the poor Indian's wife and children wept and cried in front of senior British officers, the family was given Rs 25 in compensation. And the guilty officer was punished: he was made to pay Rs 25 in fine.
When I read this story in a school textbook many years ago, I was filled with anger. For days, I discussed the story with my classmates. We all agreed that the British were cruel by nature. That's why the British officer killed the Indian. In our hate-filled discussions, we completely missed the point that the British officer could get away by paying a fine of Rs 25. We completely missed the fact that in British India there were two sets of rules – one for the ruling class, comprising the British and their Indian collaborators, and another for ordinary Indians. The idea of justice was very simple: if a rich man was caught doing something wrong, he was fined; if a poor man was caught committing a crime, he was dumped into the jail.
More than 60 years after Independence, this colonial practice of letting the rich criminals get away with murder is still continuing. From two recent episodes it's become clear that we still have two sets of rules: one for the ruling class, another for the aam aadmi. Though the government has a list of 50 Indians who have illegal bank accounts in the Liechtenstein Bank in Germany, no action has been taken against these people. The government is treating the looting of money as a case of tax evasion and the culprits are being only fined despite the Supreme Court's observation that the government was "wrong in treating black money as a tax issue when it was simple and pure theft of the Indian economy". Criticizing the government for not making public all the names on the list, the apex court said on Tuesday that plunder of the nation had taken place.
Even if the Supreme Court didn't raise the issue, the Manmohan Singh government should have answered a few obvious and simple questions: Who are these people on the list? How many of them are in public life? What is the source of this money? Was public money siphoned off by these people? Why the government didn't make any attempt to recover this money?
But, instead of answering these uncomfortable questions, the government is busy shielding these criminals. Their identities have been hidden in a sealed envelope.
The second case which shows how the rich, famous and powerful of this country can get away with anything, particularly the plundering of national resources and public money, is the Lavasa hill station scandal. According to a report submitted to the Bombay high court on Tuesday, the Ministry of Environment and Forests has said that Lavasa Corporation violated environmental laws while building the hill station. But, instead of declaring the city illegal and order its demolition, the ministry has suggested a "hefty penalty and creation of a fund out of Lavasa's pockets to restore the damage done". By chickening out at the last moment, minister for environment Jairam Ramesh has proved that he is just a paper tiger who makes a lot of noise just for publicity. Recently, Ramesh had ordered the demolition of the Adarsh tower in Mumbai, but by giving the penalty option to Lavasa, he has unwittingly opened that penalty route to all criminals who are ravaging the country's eco-system in the name of development.
Because all these cases – Adarsh, Lavasa and Lichtenstein and Swiss bank accounts – involve the rich and powerful, no FIR has been filed till now, no one has been arrested, no body has been sent to jail and there are no indications that anyone would be prosecuted. If it was a case of theft in a rich man's house, the police would have picked some poor blokes, slapped cases against them and dumped them into jail in no time. There are more than 10,000 undertrials languishing in Delhi's Tihar jail. Most of them are in prison for petty crimes like pickpocketing or street fights. Most of them have spent more than seven years in prison, not because they have been sentenced by a court but because they don't have money for bail. And that's only one jail in the country. Hundreds of thousands of young men and women are rotting in jails because their families can't bail them out. In prison, many of them get raped or become drug addicts. If they come out after years in the company of hardened criminals, they become criminals too.
The government never bothers to save these young, innocent lives from going down the drain. Cabinet ministers don't act as lobbyists for these wretched souls. But, when it comes to acting against the wealthy, even if they are criminals, the state develops cold feet. Then it proposes the escape route: fine and penalty. That's what the Indian government has been doing in Lichtenstein and Lavasa cases. With details about Indians holding illegal bank accounts in Swiss banks likely to emerge soon, no points for guessing what the government would do. It will make sure that the identities of these criminals are protected and they get away by paying a fine. And the government would assure the corporates that their interests would be protected. Like everything else, our government is inspired by the US, the cradle of capitalism and its shady crimes. The famous mafia don of 1930s, Al Capone, was not arrested for years despite the fact that he openly ran dens of hooch, gambling and prostitution in the heart of Chicago. Because he bankrolled the politicians and bribed the cops, no one dared to touch him. Finally, when he became too big for his boots, they caught him, but not for his heinous crimes, including murder, but for tax evasion.
In predatory capitalism, criminals are allowed a free run as long as they pay their taxes. Not paying your taxes is the only crime in this system. And if you don't pay your taxes, you are doomed. That's why the Indian government is offering the tax route to the criminals who have stolen and stashed the country's public wealth abroad. That's why the government is happy with just levying a fine on the Lavasa corporation which has violated every rule in the book. And that's why it doesn't care for the poor people who keep rotting in prisons.
Siddhant Satsangi says:
January 20,2011 at 08:59 PM IST
i want to ask u Mr. Saxena one quetion and i want its answer..Yes we all know that corruption is there.And i respect d people like you who rite only d truth.But whats the use of this truth?when wil we act?when wil the things wil get better?????when?????whats the use of just discussion???i know media has d power...but can this power change d country????i know media cannot give d suspect punishment...but it can clearly bring out the names of the suspect out...WHY ARE THE NAMES OF THE SUSPETS ARE NOT COMING OUT????only some of the defaulters are caught and their names are out....but where are the names of the whole corupted group...u know i really like the news debate hour of times now..and i really like Mr. Arnab way of conducting it...but i want to ask you and Mr Arnab that is only discussing for one hour about d corrupted ppl is enough??whats d use of exposing them if dey are still roaming freely????if d govt. is not doing anything so d media should take some steps so that they get the punishment.so MR Shobhan i need these answers.please reply.and let me tell you i have a deep respect for d media and you and Mr Arnab.nothing personal.Bur i want the answer from you as you write alwaya the real truth.
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Rohit says:
January 19,2011 at 10:41 PM IST
One factual error - It was not Liechtenstein Bank in Germany. The german government paid 5 million euros to an informer to get bank details from financial institutions(LGT bank, Julius Baer) primarily based in Liechtenstein. Liechtenstein is a country by the way. Congress is behaving as if it took an proactive step to catch tax evaders, which is far from truth. The information was literally handed over by Germany to Indian government because names of 18 Indians featured in that list. The information would have got leaked anyways. And Congress would dare not disclose the names of those 18 people/institutions because nothing really happens without involving politicians and the black money trail could be traced back to their own backyard. Infact if the government is really serious about catching tax evaders it can formally ask the Swiss & Liechtenstein governments about bank details of specific individuals who it thinks are involved in fraudulent activities. (These governments do not allow any fishing though.) But we all know how truly serious congress is about tackling corruption.
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Shobhan says:
January 21,2011 at 03:51 PM IST
Thanks very much, Siddhant, for your comment. I really appreciate it. Look, we journalists have to do our job of bringing out the truth even if the government of the day fails to act against the criminals. Bringing out the truth is the first step in the right direction. It should be followed by proper action by the executive and the judiciary and cases should be taken to their logical conclusion that is prosecution of the corrupt politicians, babus and corporates and other criminals. Indian democracy rests on four pillars of parliament, government, judiciary and the Press. We, the press, can't assume the organs of the state are not working so we also stop to work. We have to constantly throw truth in the public domain and the civil society that is ordinary people, NGOs, Net communities, etc have to take it further so that it makes an impact. We are journalists and not prosecutors. Our job is to tell the truth and not to prosecute. Our job is start a debate and that debate should be made meaningful by people like you so that the powers that be hear it and they can't afford to ignore it.
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S.M.Singru says:
January 19,2011 at 10:25 PM IST
Shobhan, there is one important point of difference between the British government ( of colonial days ) and ours of current period.the former had SoME snese of shame. The latter has none.
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Qaari says:
January 19,2011 at 11:18 PM IST
The country is being ruled by those whom you want be punished. Maximum hope is only that some snakes eat snakes.
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Siddhant Satsangi says:
January 21,2011 at 09:46 PM IST
@somu-what...i say WHAT...u saying congrs a sole saviour of d aam aadmi..are u not able to see d condition of d aam aadmi..NO JOBS..CORUTION EVERYWHERE...FOOD PRICES RISING LIKE HELL..TERROR ATTACKS ANY TIME...CWG CORUPTION...2G SCAMS..now more you neeed????dont say like dis.....
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Anil Chauhan says:
January 19,2011 at 10:36 PM IST
Shame on the Indian governement and shame on our so called honest prime minister, who is serving India or serving lady.
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FriendlyFire says:
January 19,2011 at 07:16 PM IST
More power to your pen, Mr. Saxena. This is gutsy stuff. Pity more journalists don't write like this. But then, if they do, they will have to forego the junkets and the banquets.
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P.Janardhan says:
January 21,2011 at 12:02 PM IST
Cop:You are under arrest. Thief:Why?What crime have I committed. Cop:Last night you looted the Bank,we have evidence. Thief:Yes,I have looted the bank.But Why do you arrest me.I will pay the tax and fine whatever you fix. To arrest a thief or a criminal is illegal when he is ready to pay the fine.
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Jitendra Desai says:
January 21,2011 at 11:40 AM IST
You have shown good contrast.No of undertrials in fact is more than 5lakhs.No of cases pending in courts is 3.5 crores.So we ordinary Indians could go on waiting for justice for few centuries. All is not lost though.We will see more and more of these crooks being voted out of office and more and more babus being caught and put behind bars.Narendra Modi, Nitish Kumar and Navin Patnaik are good examples of being repeatedly voted in as people perceive them as honest leaders.UPA II will be sent packing come elections.Reason why many of them have become shameless.They know, their days are numbered.Like Lalu in Bihar, these guys have no future.Only fortune.Ill gotten.
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Sohail Hashmi says:
January 22,2011 at 02:05 PM IST
Another reason that the government is refusing to tell the names could be that those who have stashed ill gotten wealth in swiss banks may include not only, corrupt politicians and babus who every one suspects, but also captains of industry and other holy cows that no one,, including the guilty wants to be exposed.
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KD says:
January 19,2011 at 07:25 PM IST
The Govt's inaction and keeping silent is for TWO obvious reasons - 1)the list contains names of INC big-wigs and 2) the exercise is on to collect heavy premium from all those OTHERS whose names are there in the list.
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Ashok Gupta says:
January 19,2011 at 10:12 PM IST
A crime needs to be prperly defined by the law. Economic crimes normally have a less punishment than the the other crimes. You might have observed recently that the crime rate is increasing for every passing day( Banks and ATM's aree looted virtuallu everydayday) because the criminals take their lessons from their masters in politics. The country with no moral values remained is likely to be doomed. That is exactly what Mrs. Sonia Gandhi wants and has taken a vow after the Bofors Scam and involvement of her husband in that "To see that this country get into corruption so much that it becomes a slave once again'. It is for the people of India to understand whether what they wish their children to be'. The other example is: When asked by Rahul Gandhi to the youth of this country in U.P sometime back,Why they want to join politics?.A sincere girl replied "To Serve the nation". Rahul replied," Winning the elections should be the motto in politics, not serving the country. You can understand the objective of this Italian Family. This Italaian family has decided to take this country to a path where people and the country will become slave. Even Media does not understand "what I Want to Say. I have Many more examples to quote, provided they are published? Regards.
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Siddhant Satsangi says:
January 21,2011 at 06:08 PM IST
thank you Mr Saxena for your reply.I agree to your thoughts.You keep your good work going.And we the general ppl wil read your articles and get the TRUTH.i request to all the ppl of d nation that we all should try to bring the change.PERSONAL EFFORTS COUNTS.God Bless.
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JM says:
January 19,2011 at 10:40 PM IST
finally...some awesome piece of journalism and analysis...
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Rakesh Katyal says:
January 20,2011 at 11:28 AM IST
I fully agree with the author. We are a rich man's country. No paper or newspaper has ever focussed on crores of rupees being collected by real estate companies without delivering the promised houses for years together. But the same press will spend hours to show a peon or a cop taking Rs 100. The press both print and electronic falls into the rich category and has vested interest in protecting their interests. They will highlight any inconvenience caused to a car rider but will never ever highlight if the buses are made to run faster than the cars. It hurts us the car users if we see a bus carrying poor passengers overtaking us and reaching its destination faster. Even in politics we have Sibals, Pawars, Patels, Deoras, Kamal Naths etc etc whose sole aim is to protect the interests of the rich. Its time for people to wake up. Only their activism will change the way the governance is carried our in India. Jai Hind.
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Lata Shetty says:
January 20,2011 at 11:20 AM IST
Excellent! Another eye opening article.What can we the general public do to reduce this? Awareness of whats happening around and what we are doing is one important thing that i can think of.
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REENA says:
January 21,2011 at 12:52 PM IST
Pack off all the politicians together to an island without food and water for a few days and let them realise the problems and frustrations of aam admi in this country.These leeches have amassed wealth not only for themselves but for their many generations to come.
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Ashok Gupta says:
January 19,2011 at 10:14 PM IST
Your Article is not meant for city, it should be on national level. Regards.
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Sharma M C L says:
January 20,2011 at 10:23 AM IST
We got independence from the British not from Scoundrels
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RANJAN SRIVASTAVA says:
January 20,2011 at 01:13 PM IST
Now, there is a challenge for the media, to find out the names of these account holders. Hope someone in media is ready to take the challenge.
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shafat lone says:
January 20,2011 at 12:36 PM IST
i still read TOI for the fact that people like Shobhan still believe in calling a spade a spade and not resorting to fake nationalist jingoism.
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ck says:
January 21,2011 at 06:43 PM IST
You know, frankly most of the country knows what is happening. What we need to start debating is what can we do about it? How can we get the common man to shed his preoccupation with everyday life, step on the gas and get the government to address issues? Elections are every 5 years and is not the solution.
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anjali g says:
January 20,2011 at 01:50 PM IST
If Lavasa project violations are dismissed so easily, Jairam Ramesh stands to lose all credibility and this is further evidence of the fact that rich, connected and political groups rule this country in a manner that suits their private agendas, environment and the poor be damned.Besides how will we know for sure whether the fines /penalties will indeed be paid up by the violaters, what the govt will do with the penalties it collects , proof that the penalties collected are properly utilised etc
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Kalpana Nambiar says:
January 20,2011 at 07:14 PM IST
Silence on the part of the PM is enough evidence of the involvement of ruling party.Somebody is being protected.
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Parbat Singh Panwar says:
January 20,2011 at 06:39 AM IST
Thanks for reminding(refreshing our memories) us ! It is from time immemorial there are two classes, if you don't accept the third one - brokers or lobbyist or dalals- where you find yourself, is the difference ? So nothing has changed from British officer to peasant. In the present context it is Gandhi(nakli)famly to Aam Admi, Yes, it is a good thing we have not lost the HOPE ! To remain in good mood, good thing. Please keep writing.
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PS Nath says:
January 21,2011 at 07:59 PM IST
All said, Naxalism is born out of such corruptive Governance where the rule of Law differs from person to person. It is the rulers(add bureaucrats as well)who eat into each system leaving the poor to fend for themselves - the looters bribe too, but at the time of elections to the public who hope to live for a day or two at their mercy!
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Joy says:
January 23,2011 at 01:48 PM IST
Shobhan, you are doing a great job. In the cacophony of shrill debates on the issues in this country, your blog stands out. Good facts and sharp analysis and balanced commentary. Excellent. Keep it up
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kamal says:
January 20,2011 at 11:27 AM IST
The guilty of plundering public money should not be allowed to get away paying some fines which will be only small part of the booty he earned. the proper action will be to put him in jail.
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Satyen Saraswat says:
January 20,2011 at 07:19 PM IST
My view on all of the above is that nothing majorly has changed since the time mankind took birth, since he is a selfish, self serving, narcassistic being who loves himself first. Is that not the case with most of us. When you give such person power, you make the combination lethal, wherein the ruler starts to think he is God, hence there were periods in history wherein rulers rules by dvine right. Let us not be naive & fool ourselves. If we really want a clean society, first introspect & change yourself..please accept that you have habits that need to be shunned. Once that happens as a whole to a country, then a movement for reform will start, which (through legal help) needs to determine the following: 1. No person with a criminal background & in litigation for henious crimes will be allowed to participate in elections. (How come we have not been able to do this as yet - are we serious as a nation??) 2. Shun racism as a policy (we are probably the most racist people on earth). Now how will this be possible if it is in the DNA of most Indians..please give thought that this is the greatest crime against humanity 3. Agree an acceptable way to fund party elections, or else there will be no end to corruption. This starts it & to continue to stay in power breeds unending corruption, since no one wants to leave his gaddi, once he gets a taste of power. We call know that. 4. The voter option must have None of the above, without which the power does not lie with the people. 5. The media as it is needs to be very vigilant & constantly put pressure on all those who criminalize politics. Cannot paint everyone with the same brush, but we have always been a soft state, unwilling to make the hard sacrifices needed to build a strong nation. Build character first, good things follow automatically...
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Varada says:
January 20,2011 at 10:11 PM IST
Very good column Sir. I wish that such articles must be read by the officials who are playing games with the poor people. And I pray to God that at least a single politician must take some steps against such stupid decisions to prevent our nation from sagging.
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M.s saini says:
January 19,2011 at 10:29 PM IST
I fully agree with Mr Saxena. Poor has no life, Not allowed to lead better life by corrupt & wealthy. It is well known to our Govt. M.S. Saini
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loki says:
January 20,2011 at 05:00 PM IST
media is qually corrupt
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Dr. Sobia Tahir says:
January 20,2011 at 10:45 PM IST
"The net of law is spread so wide, No sinner from its sweep may hide, Its meshes are so fine and strong, They take in every child of wrong. O wondrous web of mystery! Big fish alone escape from thee!" J.J. Roche, The Net of Law Dear Shobhan, Thank you very much for the honour,I am obliged.Your column is thought-provoking and very pertinent in our peculiar scenario. However, its purview is not restricted to India alone. It is a cosmic issue in the world of which the governing principle is :Might is Right.You have raised a perennial question once again which has always remained a puzzle and riddle for every reflective mind. However, we may not deny the fact, no matter how much refuge we seek in the higher ideals, that law only serves the interests of the privileged. To safeguard the powerful and the mighty is its only function till date. The strong dictate and the week obey; this procedure is known as the making and implementation of the Law. And those who may pay, may buy this commodity,hence,jail is meant only for those who may not fill the exchequer. Best regards, Sobia Tahir
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Lal Narang says:
January 21,2011 at 09:39 AM IST
ANY ONES GUESS WHO THAT "SOME BODY" IS....
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Natarajan says:
January 22,2011 at 03:11 AM IST
In the present context, we cannot expect the politicians to wake up one fine day and do self-cleansing of the system. There are a few institutions that are relatively upright and not corrupt. Two of them are JUDICIARY and MILITARY. It is time for Judiciary to dismiss the present government for failing to withhold the constitution, let the military take over for a brief period and understake deep cleansing of the system - get Swiss money back, reform electoral process, pursue corruption cases against politicians. The MILITARY has sworn to protect their motherland from all enemies. Our enemies are not across the border, they are right here in the Parliament. A military take over will not be a derailment of democracy because what we have is sham democracy. MPs/MLAs get elected with barely 25% vote. Jai Hind.
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shreekanth.V.Maha says:
January 20,2011 at 04:10 PM IST
suggest u do some research,dig out winston churchil's address to the british parliament on the debate of india's independence.vaguely remember, he warned that the power will reach the hands of scoundrels who will sell their mothers for slitest gains.Please write in edited details.
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NISHANT says:
January 22,2011 at 10:26 AM IST
Such is our democracy. While no one asks the rich to provide proof unless media picks it up, I am being asked to provide proof of travel for a meagre Rs. 5,000 for my LTA. While billions of dillars can be stashed in Swiss banks, I must pay back my education loan on time without fail, else it will affect my credit rating!
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Indian says:
January 20,2011 at 07:14 PM IST
I think, we are not far away from the dictators that rule N africa, only thing our dictators are elected by aam aadmi by giving them $$ or liquor.
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Praveen V says:
January 20,2011 at 12:56 PM IST
Very True ,if the same continues for long our nation will plundered ,Only hope is that we still have people in our midst trying expose these actions. But only talking will not help we need to act ,we need to have form a common platform to converge all the ideas ,analyze solutions and act on these ,I don’t think the current establishment will try to do anything that will change the current system ,since if they would change the current structure they will lose all the privileges they enjoy. Hope we can make a beginning ,kindly let me know your valuable comments
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SG says:
January 21,2011 at 06:07 PM IST
When ? It is high time....I do not think their will be a leader who will emerge to fix...it is us as masses who have to fix this...
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Sre says:
January 19,2011 at 10:39 PM IST
Good writing !!
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NT says:
January 20,2011 at 02:32 AM IST
Wrong. Wish we would follow US. Al Capone was jailed. Enron CEO was jailed and so are others in a quick time. Our PM and his benefactor are both damaging the country.
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rajendra says:
January 20,2011 at 07:30 PM IST
well written shoban , i agree with your blog. but i don't know about rape and drugs addiction cases in jails.If it is than govt. should take proper action in this matter. and between i like how you link british indian with today rich person..no difference between them. so finally we can say tht nothing changed after independence .
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Kishore Karnad says:
January 21,2011 at 07:59 AM IST
Good article, but in India, obviously, pen is not mightier than power. In the last year itself, we have read and re-read enough such pieces of dumb fury. However, the situation is getting more explosive by the day. If government does not demolish Adars or Lavasa, the day is not far off when people will take to streets and demolish such shameless symbols of massive corruption at high places. Before long a JP like leader will emerge and will lead people to do what their elected representatives have failed to do. The government better read signals before it is too late. The angry responses to Shobhan's anguish is one indication, many more will follow. Every anarchy has to end sometime, evil will certainly be destroyed. Teh wait, may be long, but is certain
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BG Subhash says:
January 20,2011 at 10:29 AM IST
Shobhan, Excellent note. Is it that Indian democracy(West minister style) is destined to deliver all kinds of criminals, the highest in the category being Finance criminals of whom you are referring in this article? 2nd one is a politically powerful criminal who is all pervading and represents vast masses and who has permitted himself to take the money out of cash chest in the presence of masses? He is both the custodian of the law & law breaker also for whom punishment does not exist. in the dictinary of Indian democracy Indeed the atmosphere in the country is exasperating and suffocating? What can be the solutions? We all need to suggest solutions!
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sanjeev says:
January 21,2011 at 11:36 AM IST
Hi..from last 8 months the issues which came into the public domain wether its corruption, money laundring. adrash , 2G, lavasa the government of india constantly defending the cause by saying the matter in the court or cbi investigating the matter ... we as a counntry seriously fadup all these vogus Promises. our republic on the verge of Collapses . if this apporach is continue in the country we definetly found a new breed of naxalism in the country then who is Responsible...
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Archana Das says:
January 20,2011 at 11:51 AM IST
It seems so. What a defence Congress make. We can sack our minister, BJP can't. No question of punishment.Disgusting.
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