Skip to main content

Big bank defaulters can employ legal eagles, can play with judicial system








By Moin Qazi*
The world’s great philanthropist and investment leader, Warren Buffett, once said, “It’s only when the tide goes out that you realise who has been swimming naked”. Well, it’s the ebb of the tide for many of India’s high-flying crony capitalists like Nirav Modi and Mehul Choksi, as they find themselves caught in an ignominious buff. Their diamonds may have sparkled on the necklines of world’s acclaimed models, but their names are now dirty blots on the nation’s financial skyline. Their misdeeds have shaken the credibility of India’s $60 billion gem and jewellery industry, which is the country’s second largest forex earner, accounting for about 16 per cent of the total merchandise exports.
Similarly, sometimes, it takes a pitch-black economy to reveal who and what in the financial firmament really shine. It is only when darkness falls that the stars start twinkling. The moonshine on an otherwise bleak sky has been made possible by the small honest taxpayers who are transfusing precious blood to extend a lifeline to the bleeding banks.
It is tragic that even as the country is grappling with massive problems confronting its struggling masses, these ignoble billionaires are having regular rides to the public trough and reveling in plunder and loot. The proportion of dodgy loans — loans on which the borrower is not making interest payments or repaying any principal — in India has surged to be among the highest in the world.
The question is: Why should ordinary people bear the burden of fat cats who keep indulging their desires by dipping into public savings and laugh all the way to the bank? These free loaders are gleefully and remorselessly winnowing scarce bank capital and the Government has to goose these banks with spruced up balanced sheets to make them lend again. Ironically, instead of being chastised, they are lauded as captains of the industry and adorn glorious positions in industry associations.
India’s near $147 billion pile of soured loans is a classic example of how powerful and politically influential tycoons undermine the rules to secure credit and then default on it. When borrowers become insolvent, their loans are added to an existing mountain of debt. Each time it happens, banks have to make heavy write-downs, plowing the dud loans like rotten potatoes, ultimately choking the credit line. To keep these banks going, the Government has to regularly keep injecting capital into them.
Most major loan defaults have their genesis in frauds; these have ballooned non-performing assets (NPAs). The Reserve Bank of India’s (RBI) June 2017 “Financial Stability Report” says losses from financial sector frauds rose 72 per cent in the five years to fiscal 2017 to Rs 16,770 crore. State-run banks have reported 8,670 loan fraud cases, totaling 612.6 billion rupees ($9.58 billion) over the last five financial years up to March 31, 2017.
Most big defaulters have the money to employ legal eagles who can play the judicial system and it is here where the law flounders. The country has the most draconian laws in books but they are ineffective against powerful dodgers. We show such promptness in condemning waivers for poor farmers but we lack the courage to tame the large fishes because they have enormous clout. Remember how banks become aggressive in turning mortgage defaulters on to the streets?
The indebted farmers are tying the noose out of sheer humiliation then there is a class of salaried people who rarely default, but are chased down for their small unpaid bursaries .The bankers seem to be totally helpless when it comes to malfeasant promotes of big businesses. The stink of their loans and scams has leached its poison into the entire financial system.
Swindlers have outfoxed a system which no longer appears impregnable. This failure has shown just how deeply lacerated are the central parts of our economic life. When institutions, such as banks, that are supposed to embody trust, are shown to be brittle, it leads to concerns of how fragile the economy is. The RBI now no longer appears to be the financial seer and therapist which insulated the domestic economy from the financial turmoil of 2008.
Scams are a product of a deadly concoction of greed and immorality. However, abuse of the financial system has been made possible on account of several weaknesses in it: Lax governance standards, supine boards, poor lending practices, manual processes, unionised staff, rogue bank officials, sloppy compliances, outdated software and lack of understanding of technology.
Costs may have also impeded the banks from upgrading their systems. In an age which heralds technology as the silver bullet, we should not overlook their most important source of competitive advantage: Their people. Compliance and controls are weak the world over. They are, to a large extent, dependent on people running it. And remember, a process is only as good as the people managing it. The most agile auditors will also have to struggle to stop managers who are determined to hide their dirty laundry from view.
It is strange that repayment ethics, so deeply ingrained in Indian culture, have been made foul words by politicians. The sanctity of repayment, no matter how deceitfully the debt was contrived and how cruel the costs, has been driven into the Indian consciousness since the time of Manusmruti. Today the debts contracts have lost their entire sanctity. It is a fact that the moral culture is under severe strain and any amount of laws and rules can’t discipline the toxic human impulses. Most people have a psychological aversion to repaying bank loans. In several cases, they have sufficient assets and capital to redeem their debt but they use every possible means to avoid it.
Things have turned so ugly that whether it is an individual or institution, getting back any money at all is a reason for jubilation. We have seen how business leaders splurge on birthday bashes but avoid repaying their loans. They have neither lost their homes nor have had to change their lifestyles despite offering personal guarantees for loans to banks? In this respect, small customers are far more honest than big ones. Some of them have such exemplary credit histories that it makes the best bankers blush.
The reason for protecting the borrower against the creditor is that the much reviled moneylender looms large in our collective psyche. The scenario now is totally different. Big borrowers are not like helpless farmers and the lender today is not the cruel sahukar but the public bank. When these large businessmen default, they rob each one of us taxpayers. In several cases, precious and scarce banks funds are being used to finance opulent lifestyles of these people.
The turmoil has prompted calls for improvising risk management models that seem to have created an illusory sense of security. Models and machines cannot act as a surrogate for human expertise. Money management is no more a genteel world. Bankers will now have to bring in hard-boiled traders instincts to make it safe and secure. In a prophetic warning way back in 1913, John Maynard Keynes wrote in “Indian Currency and Finance”: “In a country so dangerous for banking as India, (it) should be conducted on the safest possible principles”.
The Indian financial sector is at crossroads and its leaders will now have to use their financial alchemy to overcome its most challenging moment. Perhaps it is one of those occasions where Rudyard Kipling’s advice can be the best guide:
“If you can trust yourself when all men doubt you,
but make allowance for their doubting too”.

It will not be out of place to quote former RBI Governor Raghuram Rajan from his Homer Jones Memorial Lecture, delivered at Federal Reserve Bank of St. Louis, St. Louis, Missouri on April 15, 2009. “A crisis offers us a rare window of opportunity to implement reforms-it is a terrible thing to waste. The temptation will be to overregulate, as we have done in the past. This creates its own perverse dynamic… Perhaps rather than swinging maniacally between too much and too little regulation, it would be better to think of cycle-proof regulation. ”
*Development expert

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

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...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

From triple centurion to master coach: Bob Simpson’s enduring legacy

By Harsh Thakor*  Former Australia cricket captain and coach Bob Simpson has died in Sydney aged 89. He leaves behind an indelible legacy, having shaped Australian cricket for more than four decades as a player, captain and coach. Beyond the field, he also served the game as a law-maker, referee and commentator, carving a permanent niche among the all-time greats of Australian cricket.

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi*  This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk  The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).