Friday, July 18, 2014



My dear Prime Minister Narendra Modi ji,
small concern and a little expectation!

This is in response to your call for use of social media (you mentioned Facebook!) for good governance. You seem to have initiated a new era of dialogue between government and ‘we the people’, congratulations for this!

Expectation 1: channelize taxation, remove people contribution, and remove toll provision

After fifth pay commission, a new term was brought in. Ruling parties in states and of course at center started using term, ‘people contribution’ or, ‘public contribution’. Till then, it was an obvious expectation that, people are paying taxes for government functions and it is duty of government/s to provide basic amenities like water, road from the revenue it has collected from people.
At the time of fifth pay commission, it was said that government is spending more than 60% on salaries, and after 5th pay commission salaries will take more than 75% of revenue; and it seems to have come true! Taxes increased; VAT was introduced saying other taxes will be repealed, but nothing happened. VAT came in, and other taxes remained as well!

There was huge retaliation when British imposed “toll” for using roads constructed by them. It was named as ‘looting’ and ‘extruding’. After we kicked them off (if it is true as they tell us!) our own governments did the same. Plus asked people if you want any new facility, contribute your share; don’t expect anything from government for free (revenue we collect are for our salaries and perks only?). We are taught that, British looted India; but our elderly say that there was no corruption in British Raj. After independence, in the name of “we the people”, people looted and also corrupt my country.
Expectation: channelize taxation, remove people contribution and toll charging; permanently.

Expectation 2: Review the laws and repeal the provisions of burden of proof on accused. Reconsider non-bailable conditions!

To my understanding; in the basics or in principles of legal process, burden of proof lies on complainant, and this is quite natural. In last 15/20 years this principal has changed. (Prevention of Atrocities) Rules, 1995 (http://www.thehindu.com/news/cities/Madurai/onethird-of-cases-under-scst-poa-act-dismissed/article4850517.ece), Protection of Women from Domestic Violence Act (http://www.lawyersclubindia.com/articles/Misuse-of-Domestic-Violence-Act-5409.asp#.U7pMCqwkGjk), sexual harassment act 2013 (http://www.newindianexpress.com/states/karnataka/Womens-Panel-Chief-Concerned-Over-Misuse-of-Law/2014/07/06/article2316906.ece) are three major examples of misuse of law. It is on record now that, misuse of these laws is so remarkable that the non-bailable condition is repealed in one law. The reason is that lawmakers and the judiciary have realized that, these laws are misused by more people to take personal or political revenge! Lots of lives are disturbed or destroyed because of these laws. The principle of making these laws is not fulfilled. The laws were introduced to save people from injustice, torture and false commitments and undue advantages but because of the provisions of burden of proof and non bailable condition, it became a tool of legal torture which appears to be practiced more by opportunists than the real victims! Now anti-superstition and black magic act http://antisuperstition-blackmagic-ordinance.blogspot.in/ is passed by state government, and people have strong doubts about practicability of this act. Rather it is presumed that the provisions of this act will be used in prejudices.
Expectation: review the laws and repeal the provisions of burden of proof on accused. Reconsider non-bailable condition.

Expectation 3: Control corporate banking strongly (Money lending companies)

Since 90’s till now, we are enough familiar with new form of money lending companies called, corporate banking! It’s a relief that legally they are still controlled by RBI, Finance Ministry and Commerce Ministry and by law and enforcement mechanism. They can be challenged in/under/at concerned judicature/s.

One can easily check on net that how many cases are filed against these bankers. How many court verdicts are gone against them and, in many cases you may see, serious observations of the courts.
If you look at corporate banker’s modus operandi, you will find lot of similarities mainly in agreements and processes. They try to bind you with judicature in agreement. They try to bind you to allow them to take any action on your account/transaction, under right of Bankers Lien. In processes, you will find that most of them try to avoid issues mainly concerning with credit cards unless and until they feel that this can get sub judice. Or with levy and charges, unless customer strongly challenges it, they won’t listen to them.

One major concern here is, binding of judicature. This is a main obstacle for most of customers of these banks to get justice. I think government should call this illegal as this is against natural justice. In this vast country it is practically impossible for a person to travel to the other part of country just to file/trial a case against the banking entity. Ombudsman provision should be repealed, or an audit should be set for it. It is remarkable that how can the ombudsman have given a clean chit to the bank when actually the bank had been held guilty by everyone in chain including the highest appellate authority in open type cases.
Second major concern is billing/levy/charges. Bankers should be fined through auto mechanism for any charges which are otherwise not applicable for the transaction/act/business in question.
Expectation: Stop entities of money business from adding jurisdiction conditions in customers’ agreement.

Expectation 4: Bring network and access infrastructure of nationalized business set-ups; to the level of international standards, at least up to their competitors.

There is a very high scope to doubt on government’s policy on updating of its own enterprises, working in customer service sectors. If we look this keenly, we can see that government is applying each and every up to date knowledge on, people scanning, international gateways monitoring, tracking transactions and many more; that is everything which is concerned to security. But when it comes to customer service, people service, national service things start working at turtle speed. Why? If you listen to Vividh Bharati on FM you can notice that only Vividh Bharati has weak signal, rest are doing clear. How? Only AIR is weak on SW band, rest of the world can be heard clearly. This suggests that there are certain elements working to weak government businesses, and government is deliberately blind on this.

This brings doubt in mind that willfully government (means the political parties and it means, you leaders!) don’t want national sectors to serve at level of corporate sector (though even they are trusted by people at large!). There is natural fear that, if nationalized banks, postal department, LIC, GIC, BSNL, MTNL, AIR ….blah , blah start functioning at speed of their corporate competitors, rest will dry up in a day! Because our national businesses don’t cheat at least!
Expectation: The percentage of votes you earned is only your credit! Nation has given you the power, a full majority and a clear mandate. People of different caste, creed, and religion have voted for you. Now it’s your duty, to use it to ease our lives. Save us from bloodsucker corporates, our money and our life from these encroaching, extruding elements.

Expectation 5: Remove burden of paying charges in the name of regular losses made by services provided by autonomous bodies or local self-governing bodies.

In water supply or in electricity supply, there is huge theft in supply. Everyone knows who are the thieves and who is behind them or supporting them. Those are your men (the politicians!) Government is collecting revenue so all losses should be adjusted from revenue only; but fact is, “we the people” the loyal payers are taken granted to pay for the culprits.
Expectation: Make legal provisions to restrict this practice.
And, last but not least;

Expectation 6: Government servants are provided pays and perks for their service to nation. Despite of huge free services and facilities, “we the people” see that, there are bulk cases of dues and even after reminders these are unpaid.
Expectation: Provide legal binding to pay for the services and facilities used after limit. Make clear provision of seizure of position for a period of notice and expulsion if still not paid the dues and recovery under, “The Revenue Recovery Act”. Further ban to stand for election for next six years.














Sudarshan