BLACK MONEY AND IMPACT ON SOCIETY

[yogesh saxena]

The Friends of Hindu Samhati, USA unequivocally condemns today's gruesome
attack on the Hindu Samhati training camp at Ganga Sagar (West Bengal) by a
murderous mob of local Muslims, at least 6000-7000 strong, starting Thursday
(June 12, 2008).

Ganga Sagar is a very reknowned Hindu Tirtha Kshetra (Place of Pilgrimage)
where the sacred Ganga River has a confluence with the Bay of Bengal. Ganga
Sagar is located on the western edge of the Sunderban Delta on Sagar Island.
At the edge of Sagar town - adjacent to the beach - is the ancient temple
dedicated to Kapil Muni, the sage responsible for initiating the chain of
events that ultimately resulted in Mother Ganga descending to the earth from
heaven and giving mankind an opportunity to wash away its sins in her pure
water. The earliest mention of this sacred place is found in the Mahabharata
where a learned sage explains to Bhishma the significance of taking a dip at
the confluence of Ganga Sagar. Millions of Hindu pilgrims visit this holy
place all year round to take a dip in the ho,y Ganges, particularly during
the Kumbha Mela and Makara Sankranti festivities.

Since this morning (Thursday, 12 June, 2008), Hindu Samhati had started
conducting a training camp and workshop on the current socio-political
scenario to 180 men, women and children in the peaceful and serene
surroundings of Ganga Sagar.

Sri Tapan Kumar Ghosh, the National Convenor of Hindu Samhati is conducting
the main sessions of this camp. Other eminent people and local notables are
also present. Everything went on smoothly until this evening, when suddenly
the camp building was surrounded by a murderous mob of about 6000-7000 local
Muslims bent on mayhem. The Muslim attackers were well-prepared and have
been throwing gas cylinders and petrol bombs (molotov cocktails) and kept on
attacking incessantly for a few hours, to incinerate the whole camp. The
entire camp building has been reduced to ashes. All 180 of our camp
attendees (a large number of them women and children) and 15 policemen are
trapped inside this burning camp along with our dear leader Sri Tapan Kumar
Ghosh.

Already 14-15 attendees of the camp have been injured in the carnage, and at
least 7 of them are in very critical condition and are not expected to
survive. The names of the critically wounded include: S*ubodh Kundu, Bivas
Mondal, Gopinath Biswas, Prasenjit Sardar and Gautam Halder, apart from 2
others that could not be identified because of serious facial burn injuries.
*

* *

*Nine camp attendees are still missing and may have been kidnapped by the
Muslim mob. Their names are: *Gautam Mondal, Kartick Biswas, Ram Shil,
Palash Roy, Gopal Dolui, Piyush Senapati, Ashok Das, Shankar Nandi and
Subhash Roy. We are very apprehensive about their well being.

The local police-station (Thana) has unfortunately sent in a small posse of
15 policemen who are totally inadequate for resisting such a huge Jehadi mob
armed to the teeth. The police could not control the mob of Muslims even
after firing several rounds.

As of Friday morning (June 13, 2008), as per the recent information received
by us, the assault by the Muslim mob at Hindu Samhati campsite in Gangasagar
is still on, although the intensity has abated a little bit. Some more
police force has reached the trouble spot, though the large force required
to subdue a mob of this size and temperament is nowhere in sight. A recent
update by phone from the camp is that along with the 14-15 attendees who
were injured, 2 policemen have also been seriously injured due to the
assault by the Muslim mob. Scores of other attendees to the camp has
sustained minor injuries in this most cowardly assault including the
National Convener of Hindu Samhati, Sri Tapan Kumar Ghosh. Thankfully his
injuries are not serious.

Apart from throwing petrol bombs to incinerate the camp building, the Muslim
mob also tried to breach the wall by exploding cooking gas cylinders against
it. Failing to break into the camp, the rampaging Muslim mob has attacked
and seriously damaged some nearby houses of the local Hindus. They have also
seriously damaged and set fire to an adjoining Kali temple and a 'Yatri
Nivas' (Travellers' Lodge) run by the Vishwa Hindu Parishad. The fireball
attacks have slightly abated but the vicious threats and stone pelting
continues – all attuned to the collective chants of both 'naara-e-takbir,
allahu akbar' (allah is the Greatest) and 'inquilab zindabad' (Long Live the
Revolution).

Sagar island at the Ganga Sagar – the confluence of the Ganga and the Bay of
Bengal – is one of the holiest pilgrimages of India, where millions of
Hindus from all over India and the world gather during the 'Makar Sankranti'
(Winter Solstice) for the 'Punya Snan' (Holy Bath) every year. If a peaceful
Hindu gathering can be assaulted with such viciousness and impunity in one
of the most sacred Hindu sites of pilgrimage, one shudders to think what
lies in store for the Hindus of West Bengal a few years hence.

In a travesty of justice, instead of arresting the attackers, the Police in
West Bengal have slapped a non-bailable arrest warrant against Sri Tapan
Kumar Ghosh and 15 Hindu Samhati activists.  The concocted charges against
them are listed as being:  "*Incitement and Instigation for Rioting" and
"Disruption of Communal Harmony".*

* *

*As per the latest news received from the ground, *Sri Tapan Kumar Ghosh and
15 Hindu Samhati activists have been framed and arrested for inciting
communal disharmony by Kakdwip Thana (Police Station) in West Bengal.

1) The Friends of Hindu Samhati, USA strongly protests this outrageous
attack on a peaceful, indoor religious function that was held behind closed
doors. There was no provocation for this vicious assault nor was any outdoor
procession held at the location. It is pitiable that the police could not
provide security to its peace loving citizens and is instead insisting on
closing the camp down.

2) We strongly urge the police and the local administration to arrest all
the perpetrators of this heinous crime immediately and provide security to
continue the camp at a nearby, alternate location.

3) We deeply deplore the travesty of justice in West Bengal and appeal to
the police and the local administration to remove the framed charges and
release Sri Tapan Kumar Ghosh and 15 Hindu Samhati activists *immediately*.

4) We request all friends and readers in India and abroad to call up the
Indian administration to inquire about this incident. At least, they will
know that people still care about justice and peace in India. The Numbers *to
Call are:*

BLACK MONEY AND IMPACT ON SOCIETY

Inflation and black money is in the form of parallel economy. The eradication of black money for a viable economy of the Country is required for a healthy structure on all its front. The factors responsible for the generation of black money are required to be spotted just to provide a curve over the nefarious activities of the politicians and other bureaucrats in the society which is responsible for compelling the 60% of the population to live below a poverty line. The judicial institutions has partly realised the ideals of the constitution to develop through judicial activism in the form of a revolution for providing a check over the reprehensible conduct of the people to accumulating enormous well through any means. “Fair or Foul” at the cost of Nation. Price rise to the fantastic levels and velocity or liquidity of money circulation became enormous. One of the main feature of inflation is that money looses its value. This is virtually in confrontation with the aimed social objectives of legitimate expectations of the citizens.

The factors responsible for the generation of the black money: (a) Divergence between acceptable rate of return and legally permissible rate of return. (b) Consequences of controls, licensing system, quotas, permits of commodities.  In effective enforcement of tax laws like income-Tax. Wealth Tax, Estate Duty, Sale Tax, Stamp Duty, Excise Duty, Octrol Duties etc. (d) A considerable part of black money has encourages diversification of resources in the purchase of real state estate and investment of such money in constructing “Luxury Houses”. Precious stones, jewellery and other venerable land situated in posh society. (e) Discretionary powers wasted in the ministers. (f) Fear of laws of power by our Bureaucrats. (g) Un-cordinate response of the public to provide a check over such activities of their representative through mandate in the elections and in effective judicial accountability due to the non-introduction of the terminology “Due process of Law” instead of procedure establish under law. The quantum of black money consequent upon by the method of tax evasion, tax concealment, smuggling in imports & exports, production of elicit commodities, artificial escalation or the prices, has resulted into part it away to the estate for the purpose social welfare. The estimated income on which the tax has not been paid would probably be more than 7200 crores according to the estimated data’s. Thus black money is very important route cause of urban value which deprives the Government its legitimate dues by way  of taxes to the exchequer and induces dishonesty in the individuals trying to get more & more accommodation beyond his means. Transactions involved and element of black money. No individual posses adequate white account of money to buy a flat, thus this has ultimately resultant to the creation of black money as the parallel economy in the nation. The idea of inflation accounting mooted during the 2^nd world war which became the topic of active discussion and ultimately attained momentum and due to the rapid universal inflation is persisting upon as a major problem in the country which has the effect of the almost crippling the entire economic structure of society in all sphere. Inflation and black money has become menace to Indian Society and its economic structure in all its spheres. It has become necessary to have a rethinking in all the monetary polities of the Government and their administration in all sectors as to how incorporate the effect of inflation accounting to eradicate black money from the society. This requires a strong Government and a high morality in living pattern of society. It needs fighting with all statutory powers wasted in Government. Inflationary tendencies have to be contained within a tolerable limits Government expert economics and planners with eminent public men requires the determination of inflationary trends which is galloping in nature and very difficult being tricky and onerous, to tackle by ordinary process.

Time is free-fold present: as we experience it the past as the present memory and future as a present expectation .The expectations can not be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope even leading to a moral obligation can not amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfilment of the expectation where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. the protection is limited to the extent of judicial review. To strike down the expectation of an individual adrift to the pragmatism. Thus millions of people belonging to the deprived and venerable section of the humanity were looking to the courts for improving their life conditions and making back human rights meaningful for them. The Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with “tryst with destiny”. The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of new found judicial power in the service of “WE THE PEOPLE OF INDIA” who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation.

This is a constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the state is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the need  of justice so require, provided of course the accused person does not object to the provision of such lawyer (1980) 1 SCC 98.

It will be instructive to sun up this discourse with the observation of Chief Justice Bhagwati in Suk Das. It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be  added to situations (1986) 2 SCC 401).

Extant by creating legal awareness amongst the poor.  That is why it has always been recognised as one of the principal items of the programme of the legal aid movement in the country to promote legal literacy. It would in these circumstances make a mockery of legal aid it were to be left to a poor, ignorant and illiterate accused to ask for free legal service. This is the reason why we ruled in Khatri II case that the Magistrate nor the sessions judge before whom an accused appears must be held to be under an obligations to inform the accuses that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the state. We also gave a general direction to every State in the Country to make provision for grant of free legal services to an accused who is unable to engage to a lawyer on account of reasons such as poverty, indigence or incommunicado situations (1986 2 SCC 401).

In the judges Transfer Case, justice Bhagwati declared that law in the following terms: where a legal wrong or a legal injury in caused to a person of violation of any constitutional or legal right….. and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in the Supreme Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. (1981) Supp. SCC 87).

Fundamental rights particularly in relation to the poor and disabled do require new remedies for their effective enforcement. Creation of new remedies is interpreted as part of the judicial function in so far as the responsibility for enforcement of fundamental rights is a charge on the Supreme Court. The alienation and ivory tower image of the judiciary, sometimes justified in the name of “independence”, got a severe jolt by the socio-political activism and public self-criticism of judges of the Apex Court led by justice Bhagwati. The search for solutions in the quest for justice is an eternal one in which success and failure are always relative and never complete.

Absolute power is tyranny where as  absolute democracy is tyranny and anarchy both. The political groups of revolutionary significance, which present have never imperilled the fundamentals of duty and obedience, the bases of social discipline, in short the most fundamental forces of social and political cohesion. Legislature or the executive ha e created situations which remain sometimes grimly un reconciled, political forces have pushed on to advance their own schemes upon the ruins of the rest. A party in power provokes by its policies a situation in which the economic stability of the society is threatened or where constitutional rules appear as the mere manifestations of the interest of the dominant power in the legislative. The normative and factual aspects of the legal order condition each other and interact closely with one another. A legal system acts as a mediator between social ideals and social reality. In the political and social life of a community, it becomes an effective moulding force for actual human behaviours in  the process of balancing individual rights and the common good.

 

--
Y.K.Saxena