Skip to main content

Transparency activist: Does Modi govt include bank defaulters for pledging "sab ka saath, sab ka vikaas"?

By A Representative
The Reserve Bank of India's (RBI's) recent "submission" through an affidavit to the Supreme Court of India, in a sealed cover, a list of defaulters on loans, worth Rs 500 crore or more, taken from different banks, has created a flutter among pro-transparency activists.
The Apex Court had sought this information from the RBI after it took suo motu cognizance of a recent news report about how a majority of the public sector banks had "written off" bad debts to the tune of Rs 1.14 lakh crore between the financial years 2013 and 2015. The data was obtained by making a right to information (RTI) plea.
In order to justify its act, the RBI has argued that "public disclosure would dent the 'fiduciary relationship' that it has with the commercial banks and in turn the 'fiduciary relationship' that those banks have with their borrowers."
In an email alert, RTI activist Venkatesh Nayak of the Commonwealth Human Rights Initiative (CHRI) says, the RBI's own Master Circular relating to customer service issued in July 2015, suggests that it has contracted its own stance before the Supreme Court.
Paragraph #25 of Master Circular, which talks of "Customer Confidentiality Obligations", says, "The bankers' obligation to maintain secrecy arises out of the contractual relationship between the banker and customer, and as such no information should be divulged to third parties except under circumstances which are well defined."
At the same time, it has made following exceptions: (i) Where disclosure is under compulsion of law, (ii) Where there is duty to the public to disclose, (iii) Where interest of bank requires disclosure, and (iv) Where the disclosure is made with the express or implied consent of the customer.
According to Nayak, "This Master Circular makes it clear that the term 'customer' includes both depositors and borrowers. The characterisation of a bank's relationship with its borrowers -- particularly those who defaulted on repayment of loans as 'contractual' in nature clearly contradicts what it said before the Apex Court."
Nayak insists, "RBI needs to explain to its depositors whose hard earned money it lends out, why it is pushing for double standards -- one for internal operations and one when faced with litigation launched in public interest."
He continues, "Until the Apex Court directs the public disclosure of the names of defaulters contained in sealed cover handed over to it by RBI, it will not be known how many of them are 'wilful defaulters'."
To prove his point, Nayak quotes from another RBI Master Circular, which describes 'wilful default' as "deemed to have occurred" if "the unit has defaulted in meeting its payment/repayment obligations to the lender even when it has the capacity to honour the obligations."
The Master Circular adds, "The identification of the wilful default should be made keeping in view the track record of the borrowers and should not be decided on the basis of isolated transactions/incidents. The default to be categorised as wilful must be intentional, deliberate and calculated."
Comments Nayak: "There is very little information in public domain about whether these banks checked whether the defaulters were 'wilful defaulters' or not before writing off bad loans or pushing for debt restructuring."
He adds, "Ten public sector banks rejected my request for this information in 2014. They cited 'commercial confidence' covered by Section 8(1)(d) of the RTI Act as the reason for refusing access to names of defaulters and the manner in which bad loans were restructured."
Nayak says, "Fiduciary relationship is a relationship based on mutual trust and everything that is done in it must be done lawfully. The law does not permit any kind of protection based on trust for illegal or wrongful actions."
He adds, "The Government of India must also clarify whether its promise of 'sab ka saath, sab ka vikas' (with all development for all) will include loan defaulters also, particularly wilful defaulters who seem to have a 'dented and painted relationship' with some banks which is now being characterised as 'fiduciary' in nature."

Comments

TRENDING

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria*  Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit.