Nothing Like Gold
Nothing Like Gold
Nothing Like Gold
Issn 0012-9976
Ever since the rst issue in 1966, EPW has been Indias premier journal for comment on current affairs and research in the social sciences. It succeeded Economic Weekly (1949-1965), which was launched and shepherded by Sachin Chaudhuri, who was also the founder-editor of EPW. As editor for thirty-ve years (1969-2004) K rishna R aj gave EPW the reputation it now enjoys.
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announcing the scheme and codifying the criteria for eligible farmers, the banks which implemented the waiver have committed blunders on a large scale. Immediately after the governments announcement in Parliament, the RBI sent a circular to all banks in the country with a clear denition and criteria for eligibility. For instance, a farmer cultivating land up to two hectares or ve acres would be eligible for a complete loan waiver and those cultivating above ve acres would be eligible for a partial waiver. There would be no limit on the amount of the loan to be waived. In the criteria the word cultivating was very important. The dictionary meaning of the word is to prepare land for crops. How much land should be under actual cultivation was mentioned in a document which had to be referred to for a decision on whether a farmer was eligible for a total or partial loan waiver. Banks prepared some hypothetical questions and sidetracked this criterion. For instance, one of the hypothetical questions was If a farmer owns land less than 2.5 acres and has taken 10 acres on lease, whether he should be treated as a small farmer or other farmer? In other words, is it landownership or the area of cultivation that needs to be reckoned? The answer was, The status is determined on the basis of the agricultural land that is in the possession of the farmer. This answer was made applicable to all farmers by calculating all their land in possession, instead of land under cultivation. Some farmers were therefore deprived relief of a total loan waiver. Who prepared these hypothetical questions and who answered them is still a mystery. In response to a Right to Information query the RBI has said that banks prepared the questions and RBI ofcials did not issue answers or clarications. This means that the main regulatory authority was not consulted about the said questions and answers which are termed extant clarications. Why should banks prepare the questions and get the answers without consulting the RBI? If the RBI is the main
vol xlviII no 37
EPW Economic & Political Weekly
LETTERS
regulatory authority, why did it remain silent when farmers were informed about the banks attempt to change the main criterion and avoid giving relief to farmers? Why was the then nance minister, who was approached by the aggrieved farmers, silent? Why did he not ask both the banks and the RBI about the alleged change in the criteria? These are the questions which should now be answered by scrapping the said hypothetical questions and answers or extant clarications and reviewing all cases again in response to the CAGs nding that eligible farmers were deprived of relief. The RBI has already asked the banks to review all cases qualitatively in order to set matters right. If there are cases in which more than the eligible relief was given, the excess amount should be recovered. Similarly, if less than due relief was given and the amount was recovered by coercive method or court action, then that amount has to be repaid to the concerned farmers. But this is possible only if the reviewing process is carried out by an independent authority or committee and not by the banks. Asking banks which have sidetracked the criteria to review the cases they have decided is like asking the accused to be judges and review their own decisions. Under these circumstances the real relief to farmers and correction of the CAGs objection is possible only if an independent committee is appointed either by the RBI or union government urgently so as to go through all cases in the banks records and set matters right.
Prabhakar Kulkarni
Kolhapur
some documents/literature. Both have been charged under the notorious Unlawful Activities (Prevention) Act (UAPA) and are serving a long period of police remand without being provided a lawyer. Hem Mishra had been active with a student organisation in Uttarakhand before coming to Delhi, when he obtained admission at the Jawaharlal Nehru University. In the year 2007-08, a number of activists involved in organising youth and the rural poor in Uttarakhand were arrested on the allegation of Maoist links. So potent was the terror unleashed, that few would dare to question the allegations or meet the arrested persons for fear of being implicated. Hem Mishra, handicapped in one hand, was the person who visited all the arrested in jail and helped them get legal support. One of the arrested at that time was Prashant Rahi. Prashant Rahi (52 years) worked as a journalist in Uttarakhand. He was also passionately involved with a host of protest movements ranging from issues of forest dwellers, and of rural labour, to displacement by the Tehri Dam. Arrested in December 2007, alleged to be a senior Maoist leader, Rahi was kept in solitary connement through most of his threeyear eight-month stay in jail. Once released on bail, he took upon himself to visit those imprisoned as Naxalites all over the country and to help them obtain access to a lawyer. To this end, he was regularly travelling across the country collecting details of cases and reaching the same to lawyers. There is no real allegation of any crime against both Hem Mishra and Prashant Rahi. This is evident from the fact that both have been charged solely on the basis of the UAPA. For it is this law that makes normal social and political activity a crime, solely on the whims and fancies of the police. Banning of political organisations
and converting any association with such outts and their opinions into a crime is what opens the gates to the law becoming an instrument of injustice. In addition, the illegal, yet reasonably settled, practice of the police of not registering a panchnama at the time of the detention makes it difcult to ascertain the exact date, time and place of arrest. Such unlawful detention leaves much scope for abuse. It is ironical, in cases where UAPA is applied, that in the name of larger security concerns, courts have been less critical of the blatant violations of procedure. Thus while the alleged crime as well as the circumstances of the arrest remain suspect, a vilication campaign has been mounted by the police, one that masquerades as information in the newspapers. No doubt, this has become the preferred method to silence those working for basic civil liberties and implementation of fundamental rights. Another favourite practice of the police has been to foist new cases against the accused, especially under the UAPA and its previous incarnations, when the accused are either released on bail or else when acquittal in the existing cases is at hand. This has been done ad nauseam to frustrate the bail or acquittal orders of the court and has not yet found serious criticism from the judiciary. In the case against Prashant Rahi too, no incriminating evidence has been found against him and he would be acquitted soon. We therefore demand the immediate dropping of all charges under the UAPA and the release of those arrested.
Kranthi Chetanya, Paramjeet Singh, Parmindar Singh, Phulendro Konsam, Tapas Chakraborty Coordinators, Coordination of Democratic Rights Organisations
Web Exclusives
The following articles have been uploaded in the past week in the Web Exclusives section of the EPW website. They have not been published in the print edition. (1) The Bizarre Proposal for Humanitarian Military Intervention in Syria Srinivas Burra
(2) Can the G20 Summit 2013 Deliver? Mazher Hussain
Articles posted before 7 September 2013 remain available in the Web Exclusives section.
vol xlviII no 37
LETTERS
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september 14, 2013