Unspecified demand and noise will lead to flawed laws

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We admire genuine activists for their commitment but being unspecific will backfire and harm the society and the country.

 

To give some examples, some genuine activists are demanding `Ban Nudity` or `Reduce Reservation` or `Bring law to reduce Corruption` or `Bring Back Black Money`

 

This is all their demand. When we asked more, they refused to give details for their demands.

 

Now, if there is a good procedure-draft with detailed instructions to the government officials for a demand and also defining what role common citizens are to play, and if the same will benefit the commons, we will be happy to promote the same.

 

But unspecific demand will backfire. How ?

 

Let us see some examples –

 

1) Unspecified noise over rising unemployment and poverty and NREGA scam –

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In 1990s , there was a lot of unspecified noise over rising rural unemployment and poverty. So, in 2005, the government brought NREGA (National Rural Employment Guarantee Act).

 

en.wikipedia.org/wiki/Mahatma_Gandhi_National_Rural_Emplo...

 

But soon this flawed law turned out nothing to be a hell-hole of corruption and it was clear that the scheme is unsustainable, did not reduce rural poverty or unemployment and the infrastructure built under this scheme was very poor.

 

It is a prime example of how central, state, district and local officials all formed nexuses with each other to loot the commons. The scam was estimated to be 6000 crores in Bihar, few crores in Gujarat and did not leave out any state with few exceptions.

 

Fake accounts were created and the money was siphoned out of that, work which was shown on paper was not at all done on ground, all with the connivance of the government officials.

 

NREGA scam in Bihar -

 

www.rediff.com/news/report/cbi-probe-sought-in-rs-5900-cr...

 

NREGA scam in Gujarat -

 

articles.economictimes.indiatimes.com/2010-11-19/news/276...

 

Dhori villagers have alleged that in the name of NREGA scheme 3 crore scam is done by officials. Roads are not made, job cards are not allotted but entered in records. They have alleged that contractors and government officials are involved in it.When DDO was asked regarding this he said that proper investigation will be carried out after verification of allegations.

 

www.youtube.com/watch?v=4oRg0JWfS5c

 

NREGA scam in Assam -

 

www.asianage.com/india/nrega-workers-claim-salary-scam-as...

 

NREGA scam in Rajasthan -

 

articles.timesofindia.indiatimes.com/2010-10-07/jaipur/28...

 

Download full draft of NREGA, 2005 -

 

www.linkpong.tk/?511bd62e1314f

 

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Some other relevant links of NREGA scam -

 

articles.timesofindia.indiatimes.com/2012-07-14/india/326...

 

www.frontlineonnet.com/fl2601/stories/20090116260100700.htm

 

www.im4change.org/law-justice/disaster-relief-4237/print

 

www.hindu.com/mag/2010/10/03/stories/2010100350010100.htm

 

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Now, who is to blame ? The activists who made unspecified noise about reducing employment and poverty without giving any detailed instructions or drafts are the ones to be blamed.

 

The activists should give their own detailed procedure-drafts to reduce unemployment and poverty. Also, they can see our proposal-drafts for the same in chapter 5, www.3linelaw.wordpress.com

 

2) Vague noise for Bringing Back Black Money from Swiss Banks and Revision of Double Tax Avoidance Treaty with Switzerland -

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In 2010, BST made a `vague noise` over black money abroad especially in Swiss banks and Mauritius route but did not give any procedure-draft for bringing back black money.

 

bharat-swabhiman.com/en/elimination-of-black-money-economy/

bharat-swabhiman.com/en/report-on-swiss-bank-money/

 

en.wikipedia.org/wiki/Indian_black_money

 

This `vague noise` was pretty strong. What was the result ?

 

The government revised it`s double tax avoidance treaty with Switzerland and claimed it was done on public demand to “access information on Swiss accounts of Indians more easily”

 

a) Black money law easier said than done -

 

www.indianexpress.com/news/black-money-law-easier-said-th...

 

b) India, Switzerland conclude talks to revise tax treaty -

 

articles.economictimes.indiatimes.com/2010-07-31/news/275...

 

c) Revised Indo-Swiss taxation treaty comes into effect -

 

articles.economictimes.indiatimes.com/2011-10-11/news/302...

 

d) Amended DTAA with Switzerland will provide sharing of information on Indians having unaccounted wealth in secret Swiss bank accounts -

 

taxguru.in/income-tax/amended-dtaa-with-switzerland-will-...

 

e) Switzerland and India sign revised double taxation agreement -

 

www.admin.ch/aktuell/00089/index.html?lang=en&msg-id=...

 

But wait. Please note the amendment would be effective only for “income arising in any fiscal year beginning on or after the first day of April next following the calendar year in which the Amending Protocol entered into force (that is 2011)” and that too “if backed by evidence of tax evasion”

 

www.news.admin.ch/NSBSubscriber/message/attachments/20216...

 

www.eda.admin.ch/etc/medialib/downloads/edactr/ind.Par.01...

 

Now, what does that mean ? That the black money deposited before 2011 is legally allowed not to be investigated by the corrupt government. And even after that, tax evasion will continue since evidence is very difficult to get in face of lack of procedures like Narco test in public (see chapter 27 of www.3linelaw.wordpress.com)

 

So, the demand for `Bringing Back Black money` into India from tax heavens did have an effect but it lead to a flawed law made in the name of the public demand and for public good while actually only benefitting the corrupt. But people like Jethmalani, SS etc. still misguide genuine activists by talking about `law to curb black money` but not giving any proposed procedure-draft.

 

articles.timesofindia.indiatimes.com/2012-04-15/indore/31...

 

Some other relevant links of Revised Double Tax Treaty with Switzerland -

 

www.thehindu.com/news/switzerland-may-clear-tax-treaty-wi...

 

www.taxpointindia.com/blog_detail.asp?id=17

 

www.thehindu.com/news/national/article1609599.ece

 

3) Unspecified noise for increasing accountability and fake Right to recall procedures

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There has been unspecified noise for increasing accountability of the government officials for which various fake, useless, Right to recall drafts have been proposed and implemented.

 

Some of them are the Right to recall-mayor in Rajasthan, RTR-corporator in Bihar, RTR-sarpanch proposed by Arvind Kerjriwal. All these are signature based procedures. But signatures cannot be verified since government does not have any database of signatures to compare the signatures and verify them.

 

Please read more at these links -

 

0062. Nitishkumar passes utterly useless Right to Recall law-draft

 

www.facebook.com/notes/right-to-recall-against-corruption...

 

0211. Fake RTR in Rajasthan - in true RTR, power to initiate recall poll is with citizens, not with a small body

 

www.facebook.com/notes/right-to-recall-against-corruption...

 

0215. Useless, flawed, anti-common Swaraj Document and Nagar Raj Bill bill which do not benefit commons but benefit only elite

 

www.facebook.com/notes/right-to-recall-against-corruption...

 

4) Vague Demand of `Banning nudity`

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Similarly, take example of activists making `unspecified noise` for `banning nudity` without giving any procedure drafts.

 

Taking advantage of this noise, government (any government) will make a flawed law on `Banning Nudity` and say that this law was made on public demand.

 

Then, they can misuse the law and punish the Naga Babas (Naked Saints), whom many people hold divine. Why ? Just because the law was not defined properly by genuine activists and because we commons do not have power to give OBJECTIVE opinions on laws.

 

So, whose fault is it ? It is fault of us activists that we blindly ape leaders. Leaders do not give detailed instructions, so we also do not do so for our proposals.

 

But leaders have certain limitations which we activists do not have. So, we do not need to blindly follow them. Not many people know us, so we can give detailed instructions to be implemented by the government officials.

`Ban Nudity` was just one example. You can replace that with anything like `Remove corruption`, `Improve education` etc.

 

Unspecific demand will lead to government making a flawed law, which is not what the demanding activist had in mind.

 

Then, the activist eventually loses all faith in system and laws and thinks that all laws can be manipulated etc.

 

So, it is our humble request to all genuine activists to please give detailed procedure-drafts for their demands and proposals. Without this, just making noise can backfire.

 

And after that they must create consensus amongst other activists and citizens by discussing the draft. Once there is a consensus, they should send sms/mail orders to the public servants.

 

Details of this method is given in this link -

 

www.facebook.com/notes/right-to-recall-against-corruption...

Done