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This article depicts the experiences of two victims of Financial Abuse in India in the context of crony and monopoly capitalism.
Compiled by
Debaprasad Bandyopadhyay, Akhar Bandyopadhyay
Frankly speaking, we, the financial illiterates, know nothing about fiscal
auditing (though we have some exposure to non-neo-classical economics!)
and little knowledge about the philosophy of the law (but not about the
“law” per se). Due to our severe ignorance in these disciplinary
technologies, we are victim of several financial abuses. We are writing this
document by compiling news, stories from different sources, only for
venting out our anger, grievances and severe anxiety disorder.
Therefore, as ignorance is not an excuse, we have tried to read the
governmental provisions for escaping such humiliating abuses. We are
vexed and confused after knowing the paradoxical facts that though there
are so many protective measurements for us in the Legislature, Executive
and Judiciary in the Republic of India, there is no immediate remedy for our
pains and sufferings! Though there are dissenters or whistleblowers within
this structured disciplinary system (cf. Section II), nothing has work
properly with immediate effects. After enlisting all the statutory bodies for
preventing abuses of the three pillars of democracy (with the help of the
fourth pillar: Media) at the Section-I, we are feeling sickour enthusiasms
for fighting for our own money, have gone.
We are going to be hospitalized. Not only for the stresses induced by
financial abuses, but for the foods are we consuming. Foods are full of
poisons of pesticides, chemical fertilizers (that are manufactured by taking
resources from the wastes of the World War II); spurious gases are in the
air, thanks to rampant industrialization and deforestations; there is also
scarcity of non-contaminated water. We are expecting war for water very
soon. Our docile bodies are psycho-somatically injured. Hail The Great
Green Revolution!
How left over Bombs from World War2 Became 'fertilisers' for agricultural
use VIEW HERE (As reported on February 26, 2021 ©Harpal Singh
Grewal, Pure and Eco India)
A Brief History of Our Deadly Addiction to Nitrogen Fertilizer VIEW HERE
(As reported on April 19, 2013 ©Mother Jones)
The impact of the Green Revolution on indigenous crops of India VIEW
HERE (As reported on 01 October 2019 © Journal of Ethnic Foods)
The Green Revolution and a dark Punjab. VIEW HERE (As reported on)
©Down to Earth 16 July 2020.
However, no bed are found in government hospitals (Availability of Hospital
beds: 0.055 per 1,000 populations, 2020. 5 hospital beds/10k population:
India ranks 155th in 167 As reported on Dec 17, 2020 ©The Times of
India). I have to admit myself in a private hospital with our health
insurance cards registered in a private health insurance companymany
many thanks to the disinvestment policy of our government, to whom we
are giving heavy direct and indirect taxes. We are supposed to live in a
socialist” (cf. Preamble of the Indian Constitution) country.
Moreover, we know very well that two bullets are allotted for every Indian
citizens (my citizenship is yet to be proved by the tiresome processes of
Estimate of
firearms per
100 persons
Estimate of
firearms in
Compare it with hospital bedsplease find out the correlations between
the proliferation of the death industry and health care providers’ industry.
And then ask a question: Are we living within the Waste Land of the Death
Valley? “The answer, my friend, is blowin' in the wind…..The answer is
blowin' in the wind.”
The trajectory is now from the Sabarmati Asrama to the Motera stadium
for $3 billion Arms deal between India and Uncle Samfrom ahimsa to
himsa (non-violence to state-sponsored violence/state terrorism.
After visiting Sabarmati Asrama Modi-Trump duo to the Motera Stadium
(Now it is named after “living legend” Narendra Modi. It is a cricket stadium
situated inside the Sardar Patel Sports Enclave.). At that very place, the
then President Trump declared:
"I am pleased to announce that tomorrow our representatives will sign
deals to sell over US Dollar 3 Billion, in the absolute finest state of the art
military helicopters and other equipment to the Indian armed forces."
Donald Trump (23rd February, 2020, emphasis added)
We are feeling sicker after watching such antagonistic events.
May we then have to take recourse to a third party, a legal advisor and a
health care provider/physician? (cf. Section III)
Or, may we search for the “outside” of this system? (cf. Section III and IV).
What will be our praxis?
Though the thinking persons are endangered in this type of situation and
my creativity is totally crippled, still I am searching for the absurd
Or, may we be “criminal” like Monsieur Verdoux (Chaplin’s Movie, 1947)
for regaining our lost money! This situation compels us to be professional
persons with legal conflict in collusion with my welfare state’s government.
We are remembering the trial scene of this film. Verdoux, a bank teller
before being retrenched in the context of the Second World Warthe time
of great depression. European markets collapsed and recurrent bank
failures causing Verdoux to go bankrupt. Fascism was the dominant
ideology for extinguishing specially de-sign-ated humans. In order to
support his family, he devised a plan to marry rich women and then murder
them for their property. His scheme worked until his 14th victim. He then
got caught and was put into trial.
Henri Verdoux: Wars, conflict - it's all business. One murder
makes a villain; millions, a hero. Numbers sanctify, my good
The Prosecutor: Never, never in the history of jurisprudence
have such terrifying deeds been brought to light. Gentlemen of
the jury, you have before you a cruel and cynical monster.
Look at him!
[All heads turn towards Verdoux, who turns around himself
and looks behind towards the jury members as if it was the
jury (metaphorically representing the masters of the
universe) that is to be held guilty, and not Verdoux.]
The Prosecutor: Observe him, gentlemen. This man, who has
brains, if he had decent instincts, could have made an honest
living. And yet, he preferred to rob and murder unsuspecting
women. In fact, he made a business of it. I do not ask for
vengeance, but for the protection of society. For this mass
killer, I demand the extreme penalty: that he be put to death
on the guillotine. The State rests its case.
Judge: Monsieur Verdoux, you have been found guilty. Have
you anything to say before sentence is passed upon you?
Henri Verdoux: Oui, monsieur, I have. However remiss the
prosecutor has been in complimenting me, he at least admits
that I have brains. Thank you, Monsieur, I have. And for thirty-
five years I used them honestly. After that, nobody wanted
them. So I was forced to go into business for myself. As for
being a mass killer, does not the world encourage it? Is it not
building weapons of destruction for the sole purpose of mass
killing? Has it not blown unsuspecting women and little
children to pieces? And done it very scientifically? As a mass
killer, I am an amateur by comparison. However, I do not wish
to lose my temper, because very shortly, I shall lose my head.
Nevertheless, upon leaving this spark of earthly existence, I
have this to say: I shall see you all... very soon... very soon.
We are also feeling like Joseph K, a character of Franz Kafka’s novel “The
Trial” (written between 1914 and 1915 and published posthumously on 26
April 1925).
One fine morning, a bank official named Joseph K., on his thirtieth birthday,
is arrested, although he does not know about his fault. One year later, on
the morning of his thirty-first birthday, two warders again come for K. They
take him to a quarry outside of town and kill him in the name of the Law. K.
lets them do so.
We are now struggling within the intervening year of K.'s case
encountering with the invisible Law, absurdity and ambiguity of the legal
system and the Court that I cannot touch. Is it a state-induced self-
destruction? Both of us love to read the ninth chapter of this fiction. We
are trying to gain access to the law, but are forbidden by a doorkeeper,
who is just the first of many hierarchical gatekeepers with bureaucratic
complexities--each of whom is relatively powerful. We are waiting outside
the gate for many years. I know that, at the moment of our deaths, the
genitor would close the gate.
Therefore, we are appealing to the government for legalizing active
euthanasiadeath without pain!!!
Appealing for legalizing Active Euthanasia or mercy killing or Physician
Assisted suicide in India VIEW HERE
Legalizing Active Euthanasia in India VIEW HERE
Judiciary in India is a boring, lengthy, time-consuming, painful process as
there are so many complex hierarchical legal structures (gatekeepers as in
Kafka’s novel, The Trial). Conciliation of litigation is always deferred or
delayed that entails more professional fees to the attorney! Here is a bird’s
eye view of the processes adopted by the Indian Republic for the welfare of
its citizens.
(Source: © India: Civil Courts System)
If all these processes are exhausted, litigator can have a chance to go to the
UN for possible resolutions.
Law Commission of India, under Ministry of Law and Justice is an
executive body established by an order of the Government of India. Its
major function is to work for legal reform. Its membership primarily
comprises legal experts, who are entrusted a mandate by the Government.
The commission is established for a fixed tenure and works as an advisory
body to the Ministry of Law and Justice. (Source: Wiki)
In case of financial abuse, the process is too much complex! There are
several vigilant agencies in India, viz., Central Vigilance Commission (CVC)
under the guidance of Chief Technical Examiner (CTE) under whom
following steps must be executed:
Nomination of Chief Vigilance Officer (CVOs) for Public Sector
Banks/Foreign Investments; correspondence with Central Bureau of
Investigation (CBI) ; Annual Action Plan on Anti Corruption measures;
investigation of cases of frauds by the CBI and Reserve Bank of India RBI;
matters under Prevention of Corruption Act; preventive vigilance;
vigilance systems and procedures in RBI/PSBs/FIs and Insurance
Companies; inquiry into complaints against EDs and chairman-cum-
managing directors (CMD) of Private Savings Banks/Foreign Investments
and Vigilance Surveillance over them; major frauds in PSBs (in India and
abroad); PMO (Prime Minister’s Office) references on anti- corruption
measures; bank security; robberies and loss prevention in banks; sanction
of prosecution in case of Enforcement Directorate(ED). Securities and
Exchange Board of India (SEBI) that "...[p]rotects the interests of
investors in securities and to promote the development of, and to regulate
the securities market and for matters connected therewith or incidental
Now, let us talk about one another legal gatekeeper. The law of debt
recovery in India is derived from two laws which are the Recovery of Debt
and Bankruptcy Act, 1992 and the Securitization and Reconstruction of
Financial Assets and Security Interest Act, 2002 (SARFAESI Act).
The RDB Act established a Debt Recovery Tribunal (DRT, under Ministry of
Finance, Government of India) and a Debt Recovery Appellate Tribunal
(DRAT) which the intent of speedy proceeding for recovery of the debts.
The Debt Recovery Tribunal is managed by the.
The two laws set the judicial procedure for recovery of debts by the Bank
through the sale of secured asset mortgaged or hypothecated by the
Borrower. The SARFAESI Act provides stringent powers to the Banks and
Financial Institutions whereby, the secured asset of the borrower is
auctioned without the intervention of the DRT.
Whereas, the RDB Act provides the whole judicial proceeding before the
Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal. (VIEW
HERE (As reported on 02 Oct 2020 *Gandhi’s Birthday+ ©Latest Laws)
(Despite the existence of such laws, these types of things are common in
the contemporary India: Banks Technically Write Off Over Rs 68,000 Cr
Loans, Choksi Among 50 Top Wilful Defaulters: RTI VIEW HERE)
On the other hand, Comptroller and Auditor General of India (CAG) of
India is the Constitutional Authority in India, established under Article 148
of the Constitution of India. He is empowered to audit all receipts and
expenditure of the Government of India and the State Governments,
including those of autonomous bodies and corporations substantially
financed by the Government. The CAG is also the statutory auditor of
Government-owned corporations and conducts supplementary audit of
government companies in which the Government has an equity share of at
least 51 per cent or subsidiary companies of existing government
companies. ©Wiki.
Apart from those gatekeepers, there are Rating Agencies . A private
Credit Rating Agency (CRA) evaluates and assesses an individual’s or a
company’s creditworthiness. That is, these agencies consider a debtor’s
income and credit lines to analyze the debtor’s ability to repay the debt or
if there is any credit risk associated. Depending on these rating agencies’
score of a company, investors are underwriting.
SEBI reserves the right to authorize and regulate credit rating agencies
according to SEBI Regulations, 1999 of the SEBI Act, 1992.
National Housing Bank (NHB) From the FY 2011-12, Ministry of Finance,
Government of India has designated National Housing Bank (NHB) as the
Common Nodal Agency for both Schedule Commercial Banks (SCBs) and
Housing Finance Companies (HFCs) for implementation and
disbursement of subsidy under the Scheme. Earlier Reserve Bank of India
(RBI) and NHB were the Nodal Agencies, for SCBs and Housing Finance
Companies, respectively. The RBI recently issued new directions for the
Housing Finance Companies. VIEW HERE (As reported on Feb 17, 2021 ©
The Economic Times).
On the other hand, Non-Banking Financial Company (NBFC) is a
company registered under the Companies Act, 1956 engaged in the
business of loans and advances, acquisition of
shares/stocks/bonds/debentures/securities issued by Government or local
authority or other marketable securities of a like nature, leasing, hire-
purchase, insurance business, chit business but does not include any
institution whose principal business is that of agriculture activity, industrial
activity, purchase or sale of any goods (other than securities) or providing
any services and sale/purchase/construction of immovable property. A
non-banking institution which is a company and has principal business of
receiving deposits under any scheme of arrangement in one lump sum or in
installments by way of contributions or in any other manner, is also a non-
banking financial company (Residuary non-banking company).
The Central Economic Intelligence Bureau (CEIB) is another intelligence
agency or gatekeeper responsible for gathering information and monitoring
the economic and financial sectors for economic offences and warfare. CEIB
was setup in the year 1985. It is the nodal agency for economic intelligence
mandated to ensure effective interaction and coordination among all the
concerned agencies in the area of economic offences. It also functions as
the clearing house of all economic intelligence and provides a platform for
such exchange between various agencies within the Department of
Revenue and other intelligence and enforcement agencies including IB,
Research and Analysis Wing (RAW), (known in security circles as the
‘Joke and Dagger’ department), CBI etc.
In addition to all these rules and regulations and bureaucratic complexities,
The Insolvency and Bankruptcy Code, 2016 (IBC) was introduced to
consolidate the aforementioned framework by creating a single law for
insolvency and bankruptcy. The Code received the assent of the President
of India on 28 May 2016. As claimed, the bankruptcy code is a one stop
solution for resolving insolvencies which previously was a long process
that did not offer an economically viable arrangement. The code aims to
protect the interests of small investors and make the process of doing
business less cumbersome. The IBC has 255 sections and 11 Schedules.
(Source: Wiki). The code was amended in 2018. However, the second
amendment (2020) is still to be passed in the parliament. insolvency And
Bankruptcy Board India is the regulator for overseeing insolvency
proceedings and entities like Insolvency Professional Agencies (IPA) ,
Insolvency Professionals (IP) and Information Utilities (IU) in India. It
was established on 1 October 2016 and given statutory powers through the
Insolvency and Bankruptcy Code.
Despite such one stop solution for the investors, if any company comes
under such code, the investors have to follow the trajectory as depicted in
this flowchart:
First Information Report (FIR) at the State-controlled
Economic Offences Wing (EOW) under Criminal
Investigation Department (CID). EOWs operate
differently at different states of India.
An appeal to The Institute of Chartered Accountants of
High Court(Writ Petition / Public Interest Litigation or
Filing case in the National Company Law Tribunal
(NCLT) National Company Law Tribunal (NCLT) replaces
Company Law Board(CLB) From June 2016.
Filing case in the National Company Law Appellate
Tribunal (NCLAT)
Supreme Court, India
Report fraud, abuse and misconduct at the Office of
Audit and Investigations (OAI) under the United
Nations Development Programme (UNDP)
Filing petition at the UN emphasizing on the third pillar
of the United Nations Guiding Principles on Business
and Human Rights in this context, “Access to remedy
for victims of business-related abuses”.
Though, the sad truism is that International law is the vanishing point of
jurisprudence , if sovereign government would cut a sorry figure to
implement all the above procedures, one, a financially abused person, has
to take their recourse to the vanishing point, i.e., parallel international
law (?) without hampering the sovereignty of the imagined nation
The Reserve Bank of India needs to take human rights more seriously and
it should meet their human rights responsibilities without compromising
the sovereignty of our imagined nation state. It should meet their monetary
and financial responsibilities for greening the financial ecosystem (as
decided by the 36 central banks and banking supervisors in the Central
Bank and Supervisors Network, July 2019). “Protect, Respect and
Remedy (one of the 31 principles implemented by the United Nations)
on the issue of human rights and transnational corporations and other
business enterprises.
Cf. Why Central Banks Need to Take Human Rights More Seriously VIEW
HERE (As reported on July 15, 2019) ©African Eye Report
Ufff, there are so many vigilant agencies to protect our interests. For
laypersons like us, it is very confusing. We, when amalgamating all these
lists of agencies, are feeling as if we were riding in a roller coaster. The
aftereffects of such riding are brain injury called subdural hematoma, which
causes unrelieved headaches and vertigo. For this reason, we have cut a
sorry figure to make a flowchart by interlinking all these statutory bodies.
Yes, “bodies”! Our docile bodies cannot bear this intolerable pain imposed
by these powerful and extravagant “bodies”. Despite the existence so
many vigilant agencies, we have faced existential crisis as we are victims of
financial abuses. Our nervous systems have broken down such incoherent
(from our perspectives) plexus (a network of nerves or vessels in the body)
of polymorphous power-structure of the governmentality.
We are always forced to play last innings of the cricket match, we have to
follow the ascribed rules and regulations of the DuckworthLewisStern
method (DLS) deployed in cricket in case rain during the cricket match.
DLS, for me, is equivalent to the IBC, NHB Act , Companies Act in our
rainy days. We are running outtime is also running out. It is after all the
era of speed capitalism (a la Ivan Illich). That is our halting point: world-
wide catastrophic pandemic (with inflation due to contraction of GDP by
24% in April to June, 2020). Our target has increased following Duckworth
LewisStern method (DLS) , though I, a victim of financial abuse do not
know the raison d'etre of the logico-mathematics of such legal provisions.
We have several questions in my mind: if there is so much surveillance at
the cost of taxpayers’ hard-earned money, why is the taxpayer her/himself
suffering? Where was the Income Tax Department, when X Company is
laundering “black” (racism unintended)-money? Why there are so many
cases of delayed revelations of insolvencies and bankruptcies due to
money-laundering despite there are so many vigilant agencies? Were they
sleeping, when the illicit transactions were made? And one fine morning
they discover that the Company X has some fraudulent transactions. Are all
of them not respondents for my appeal?
Anurag Singh Thakur, BJP MP (Lok Sabha, the lower house of the Indian
Parliament) Said,
"The regulator, auditor and management should be held
responsible for fraud in Punjab and Maharashtra Co-
operative Bank or other banks."(as reported on Oct 17, 2019
© The Economic Times)
It is well surprising that even 100% of the net worth has been eroded but
the Auditor(controlled by The Institute of Chartered Accountants of
India) is signing the Balance Sheet with a remarks “True & Fair View” and
a “going concern “. It is only after the bomb get blasted that Auditor comes
to know, “Oh No it’s a Loss Balance Sheet”.
We are repeating: Why is it so? Is it due to too much surveillance without
diligent vigilance?
Despite so much vigilance on the financial matters, there are discontents
and also demands for more and more surveillance.
Policy makers must be vigilant about India’s banking sector: Ex-RBI guv
Patel VIEW HERE (As reported on 06 Apr 2020) ©Mint
The enemy within: Financial firms must be vigilant about employee
fidelity VIEW HERE (As reported on February 27, 2018) © Business
Why has Panopticon cf. sec.3.3 (Foucault’s metaphor for omniscient
observer as if all of us are separately captivated in cells of disciplinary
world-wide prison-house: carceral archipelago see also The Gulag
Archipelago: An Experiment in Literary Investigation by Aleksandr
Solzhenitsyn and Archifever ) failed? If the big brother is continuously
watching us, why there are such cases of complete failure of Panopticon:
the DHFL, Yes Bank, PMC Bank, PNB, The Lakshmi Vilas Bank Limited,
Leasing & Financial Services etc.? Why are there black monies, counterfeit
monies and simulated terrorism despite the “successful” (!!!) execution of
demonetization(2016) ( cf. Sec. IV of the document
The more crucial question is: Who do escape the gaze of the Panopticon?
Or the Panopticon itself deliberately ignores the dirty assholes of some
preferred one in the context of crony capitalism.
Ethical Hackers say they breached 150,000 live-feed cameras
(Panopticon), including in hospitals, prisons and schools to expose lax
security standards. VIEW HERE (As reported on 10 Mar, 2021) ©RT
Question More
Therefore, Panoticon is not a one-way omniscient gaze as Foucault thought.
There are counter-Panopticons also.
Such heavy-headed Legislature, Executive and Judiciary make us remember
a child with big head and small body. The disease is known as
Macrocephaly. Now we have come to make out the reason behind the
drawing cartoons of celebrities with big heads and small bodies.
Before searching for the outside (cf. Sec. III) of such claustrophobic
society or answering my own questions at the last section, let us try to
understand the dissenters’ voices withinthis systematic structure.
Despite the fact that IBC is a “one step solution” for financial disputes, in
reality, its validity is also challenged. Many sufferers are asking a crucial
question: Is IBC an investor-friendly code or an escape route for the willful
The amendments (2020) of IBC mandated a minimum of 100 home buyers
to come together to file an insolvency application in the National Company
Law Tribunal (NCLT) to trigger the IBC against a defaulting developer.
SC upholds validity of IBC Amendment Act, 2020 VIEW HERE (As
reported on January 19, 2021) © Business Line
Supreme Court upholds validity of Insolvency and Bankruptcy Code
(Amendment) Act, 2020 VIEW HERE (As reported on 19 Jan, 2021) ©Bar
and Bench
Supreme Court Upholds Sections 3, 4 & 10 of IBC Amendment Act 2020
VIEW HERE (As reported on 19 Jan 2021) ©Live Law
The Supreme Court upheld amendments in the Insolvency and Bankruptcy
Code that prescribe that at least 100 allottees from the same real estate
project should support the initiation of corporate insolvency resolution
process in the National Company Law Tribunal against their property
A three-judge Bench led by Justice Rohinton F. Nariman found in their 474-
page judgment, based on petitions filed by allottees of real estate projects
and money lenders who finance such property endeavours, said
“The connection with the same real estate project is crucial to
the determination of the critical mass... If it is to embrace the
total number of allottees of all projects, which a promoter of a
real estate project may be having, in one sense, it will make
the task of the applicant himself, more cumbersome. It
becomes a sword, which will cut both ways. This is for the
reason that the complaints, relating to different projects, may
be different.
“Prescribing a time limit in regard to pending applications,
cannot be, per se, described as arbitrary; as otherwise, it
would be an endless and uncertain procedure. The
applications would remain part of the docket and also become
a Damocles Sword overhanging the debtor and the other
stakeholders with deleterious consequences also qua the
objects of the Code.
The Chekhovian turn of the story regarding the amendments of the IBC, the
apex court said “the law came as a bolt from the blue”. This small remark
is more than enough for challenging the validity of the IBC. It has prompted
SC to invoke Art. 142.
New bankruptcy law caused disagreements between Prime Minister
Narendra Modi’s government and the RBI.
There are more discontents on this new code. I am citing here only two of
Urgency to fix India’s bankruptcy code (As reported on 28 Dec 2020)
©The Mint
IBC mechanism needs structural changes to expedite faster resolution of
companies (As reported on Jan 27, 2021) © The Economic Times
Even Urjit Patel, former Reserve Bank of India Governor had a dispute with
the government, especially with the PM as the rift centered around a
February 2018 circular issued by the RBI, which forced banks to
immediately classify borrowers as defaulters when they delayed
repayments, and which barred defaulting company founders from trying to
buy back their firms during insolvency auctions. In a book released Friday,
Patel who headed the RBI between September 2016 and his unexpected
resignation in December 2018 said the government seemed to lose
enthusiasm for the legislation in the middle of the year he left the central
Mr. Patel wrote,
“Instead of buttressing and future-proofing the gains thus far,
an atmosphere to go easy on the pedal ensued,….Until then,
for the most part, the finance minister and I were on the same
page, with frequent conversations on enhancing the landmark
legislation’s operational efficiency.”
(Cited from the ©Financial Express)
Ex-RBI chief Urjit Patel says insolvency rules caused rift with government.
VIEW HERE (As reported on July 24, 2020) ©Financial Express
Mr. Patel used the term “rift”. This very term makes us remember (what a
typical and trivial word-association!) the following quote on the
degradation of soil due to rapid industrialization that leads to irreparable
metabolic rift in the interdependent process of social metabolism (i.e., the
human relationship):
“…Capitalist production collects the population together in
great centres, and causes the urban population to achieve an
ever-growing preponderance. This has two results. On the one
hand it concentrates the historical motive force of society; on
the other hand, it disturbs the metabolic interaction between
man and the earth, i.e. it prevents the return to the soil of its
constituent elements consumed by man in the form of food and
clothing; hence it hinders the operation of the eternal natural
condition for the lasting fertility of the soil...But by destroying
the circumstances surrounding that compels its
systematic restoration as a regulative law of social production,
and in a form adequate to the full development of the human
race...All progress in capitalist agriculture is a progress in the
art, not only of robbing the worker, but of robbing the soil; all
progress in increasing the fertility of the soil for a given time is
a progress toward ruining the more long-lasting sources of that
fertility...Capitalist production, therefore, only develops the
techniques and the degree of combination of the social process
of production by simultaneously undermining the original
sources of all wealththe soil and the worker.”
--- Karl Marx, Capital, vol. I (1976), New York: Vintage, pp. 637-638.
(emphasis added) Alternate translation: Capital, vol. I (1967), New
York: International Publishers Co., Inc., pp. 505-50
The relationship between our corporals and the nature is disrupted due to
the intervention of monetarist economics that has imposed us to be a
homo consumens at the cost of non-renewable natural resources. And as a
homo consumens, we are buying disposable commodities, consuming it and
then throwing out the non-biodegradable residues of that commodity
without a shred of hesitation. And our planet earth has become a non-
recycled waste paper basket. .
The Capitalist or monetary mode of production leads to an ever-increasing
exploitation not only of the toiling masses, but also of the scanty resources
of the natural world, which systematically destroys the ecological balance
by apparently turning humans into the “lords or possessors of nature” (As
per the Cartesian dictum). The natural metabolism characteristic to our
inherent biological constitution gets appropriated and terminated due to a
“rift” (or “metabolic rift”, i.e., a “splitting away” of the human machine-
based civilization from its intrinsic relations with nature) that occurs
between the natural world and the carbon-based human civilization. The
latter destroys soil fertility by robbing the soil through chemical fertilizers
and pesticides, causes large-scale deforestation and blindly promotes the
consumer society of conspicuous consumption in terms of the capitalist
greed for an unending multiplication of profits.
In the context of Marx’s phrase “robbing the soil”, one may associate it with
Rabindranath Tagore’s same concept in his lecture “City and Village”
(1922), which was later on elaborated by Leonard Elmhirst as “Robbery of
the Soil” in his posthumous book “Poet and Plowman” (1975) .
See also: Marx and the Rift in the Universal Metabolism of Nature © John
Bellamy Foster.
Marx's Theory of Metabolic Rift: Classical Foundations for Environmental
Sociology © John Bellamy Foster
When we are associating these two, (a) financial ecosystem and (b) natural
ecosystem, perhaps, we are trapped by a fallacy-- the Fallacy of Misplaced
Concreteness”—the “error of mistaking the abstract for the concrete by
using “metabolic rift” in the context of the supposed nature-culture binary
relationship/rift, especially when we are deploying the term “ecosystem” in
the context of culturally constituted monetarist financial market as well as
in the case of anthropogenic glocal (global+local)heating.
Moreover, the central bank of India, i.e., the functioning of the RBI has also
been challenged.
A PIL was filed Subramanian Swamy, by praying for the CBI or ‘any other
competent authority to investigate illegalities committed by RBI officials’ in
the discharge of their functions.
Subramanian Swamy asks SC for CBI probe into RBI official's role in scams
VIEW HERE (as reported on February 2, 2021)© Business Standard
Not only that, Subramanian Swamy commented on Shri Shaktikanta Das
(BA and MA in History!!!), the present Governor, the Reserve Bank of India:
“The new governor (of RBI) is highly corrupt. I got him removed
(from the finance ministry). I am calling Shaktikanta Das a
corrupt person. I am surprised that the man I got removed from
the finance ministry for corruption was brought in as
governor.(emphasis added. as reported on Dec 23, 2018)
This is also along with the line of Nobel laureate economist Abhijit Vinayak
Banerjee’s comments (as reported on December 11, 2018 ©Financial
Express) on the decision to appoint Shri Shaktikanta Das as RBI-Governor
arises a lot of “frightening” questions about governance issues at key
public institutions like the RBI.
Parakala Prabhakar’s (FM Nirmala Sitharaman’s spouse) article, A Lodestar
to Steer The Economy
(The Hindu, October 14, 2019) has created lots
of hues and cries in the public sphere (cf. a. 'I Do Criticise Economic Policies
-Pursued By Modi Govt': FM Sitharaman's Husband Parakala Prabhakar b.
Nirmala Sitharaman's husband hits out at Centre over slowdown, says govt
in denial c. Nirmala Sitharaman’s husband says Centre is in ‘denial mode’
about economic slowdown; see also: Raghuram Rajan expresses concern
over India's economic slowdown ). His logical protest against the
contemporary economic policy adopted by the ruling party of the Republic
of India, in which his spouse, Nirmala Sitharaman, the current Minister of
Finance and Corporate Affairs of India, is a part and parcel. Medias in the
public sphere have entailed that you have committed a boo-boo as When
spouses criticise each other publicly, professional censure can end up
taking a personal toll. .
I do disagree with this point as circulated by the media for the reasons: (a)
rational exchange of dialogue without manipulation (vada or conversazione
for the sake of tatvajijnasa without being defeated or won) as it is
mentioned in the nyaya darsana) is always to be encouraged in a free and
just societywherever the locus of the dialogue may be: state or miniature
form of the state, i.e., monogamous heterosexual reproductive family; (b)
‘Love Lab’ experiment cannot quantify the complex human relationship.
Some tabloids and TV channels like to construct gimmicks with high decibel
dins and bustles just like our present government, who are ostentatiously
displaying statues, temples, anti-green bullet train, ballistic missiles etc., by
taking foreign loans. They are appropriating stories by confusing the
relationship between the home-order and the state-order.
I am inadequately summarizing Prabhakar’s arguments against the
economy adopted by the present government for the readers’ sake
(keeping in mind the plural reading of texts):
The BJP should adopt the Rao-Singh economic architecture,
instead of just exhibiting an attitude of negation (neti-neti)
towards Nehruvian socialism for mere political vendetta, without
developing any alternative set of economic policies (niti) by
themselves. It ritualistically promoted the Gandhian economy
without implementing it in practice.
It has maintained its “denial mode” with regard to the ground
situation involving the crisis-hit economic sectors’ rapid slowdown.
Since its very inception, the Bharatiya Jana Sangh (the erstwhile
formation of the BJP) had been advocating a capitalist, free-
market economy (quite contrary to the svadesi ideology of the
RSS). Even in that case, the BJP has cut a sorry figure to properly
execute the capitalist economy.
Mr. Prabhakar is quite right against the counter-arguments given by his
spouse, the Hon. Madam FM as we, along with our grandparents and
parents had enjoyed the following consequences of Nehruvian economy:
i) the Public Distribution System (PDS), but our progeny do not get
that privilege;
ii) free government education and got the benefits of National
Talent Scholarship; and
iii) Our grandparents and parents, as we have observed, had never
been burnt by the heat of rapid bankruptcies of different PSU and
Private sector Banks. They were not at all bothered about
Hon. Madam FM has already opposed the branding of “their” economy as
“Crony Capitalism”:
a) 'Not working for damaads': FM Nirmala Sitharaman fires back at
Congress over 'crony capitalists' jibe as reported on Feb 12, 2021 .
b) "Free Food Grain, Cooking Gas": Nirmala Sitharaman Rebuts Crony Slur
as reported on Feb 12, 2021
c) 'Who takes Mudra loans, damaads?' Sitharaman's dig at opposition over
crony capitalism remark as reported on Feb 12, 2021
d) PM Modi works for common people not for crony capitalists, says FM
Nirmala Sitharaman in Lok Sabha as reported on 13 February, 2021.
Paradoxically enough, for an instance, the DHFL (For details, cf., DHFL
VIEW HERE ). is allegedly and plan fully handed over or gifted to the
father-in-law of a damaad of a business tycoon, a close associate of the
ruling party, in a throwaway price. Moreover, BJP’s Declared Assets
increased by a staggering 627% in 10 Years (for more information please
PRESIDENT OF INDIA VIEW HERE ) How can it be done without cronies? It
is really a nerve-wracking existence for me. The home of Hon. FM is not
only divided on this issue, the home of the Sangh Parivar is also divided.
May we then take our recourse to the Mahalanobis Model? Why Not
Back to Mahalanobis Model VIEW HERE (©Economic and Political
Weekly, Vol. 25, Issue No. 1, 06 Jan, 1990 )?
Surprisingly enough, it may be a case of post hoc ergo propter hoc at the
time of rampant bankruptcies in India, the Sveriges Riksbank Prize in
Economic Sciences in Memory of Alfred Nobel 2020, was awarded jointly to
Paul R. Milgrom and Robert B. Wilson “for improvements to auction theory
and inventions of new auction formats” with reference to game theory.
VIEW HERE , when peculiar biddings on DHFL were going on under the
COC. (For critical and praiseworthy negative analysis of this Auction Theory,
cf. A prize auction” ©Michael Roberts)
In spite of these facts of our sufferings due to the economic policies of the
government, Hon. FM Madam, we are sure, would negate the above
enunciations as she did in the past with counter-arguments:
How Finance Minister Reacted To Husband's Critique On
Economy, And Advice (as reported on October 15, 2019)
Key reforms done: Nirmala Sitharaman responds to
husband's critique (as reported on October 15, 2019)
According to Hon. Madam FM,
“All the reforms have taken place between 2014 and 2019
[during the NDA rule] and the deep reforms like the GST were
not introduced by the Congress. IBC and Aadhaar were
introduced and amendments were carried out. The Ujjawala
scheme benefited 8 lakh women. Many changes were made to
the tax structure. After October 1, start-ups will now have to
pay the lowest tax in India. All these should have also been
She has also insisted on public banks to give loans instead of using reverse
repo or reverse repurchase agreements. (As reported on Dec 20, 2019)
We have utter disagreements with the Hon. Madam FM’s descriptive
listings and almost fully in agreement with Mr. Prabhakar’s discursive
formation with explanatory adequacy, we would probably not be
annihilated as we are not inhabitants of regimented society, where the
fundamental human rights are compromised and there is no provision for
the Article 19 of the Constitution of the Indian Republic.
Reiterating the Directive Principles of State Policy Article 39 (c) ,
“The State shall, in particular, direct its policy towards securing:
that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
We, not only as victims of financial abuse due to simulated (a la Baudrillard)
crisis of monopoly capitalism, but along with all the sufferers and victims of
contemporary economic policy, are urging for a green decentralized self-
reliant party-less, moneyless free and just society characterized by
horizontal mutual aid; or else we would have to suffer continuously from
recurring bankruptcies, inflations and the catastrophic consequences of
glocal heating. (This issue has been elaborated in Sec. IV)
When Socrates was sentenced to death by the approval of the majority
(399 BC), the power of judicial (or any other form of) dialogue was
revealed. The forced death of Socrates does not entail the forced death of
dialogue but instead proves the celebration of dialogue. From the
perspective of authority, dialogue is something poisonous and the initiator
of dialogue could be terminated solely by poisonous remedies. Here comes
Plato’s pharmacypoison as well as nectar…..
However, Socrates got justice 2,400 years after his death by consuming
hemlock. Justice delayed, justice denied?
Not guilty: Socrates narrowly acquitted 2,400 years after death VIEW
HERE (As reported on 26 May, 2012) ©RT Question More
To elaborate the relevance of such re-trial in the contemporary context, I
am citing some portions of the above report:
“Socrates’ sentencing to death has modern-day implications, as the issues
of freedom of speech are as resonant today, as they were 2,400 years ago,
say the organizers of the mock re-trial."The issues that we will be debating
here are global issues and are very pertinent," Anthony Papadimitriou, a
lawyer and president of the foundation who spoke for the prosecution, said
ahead of the trial."For instance, they are closely related to the Arab Spring,"
he added as cited by AFP. The reenactment comes as Greece is heading to a
new emergency parliamentary election on June 17 after the previous
parliament failed to form a government. Radical left-wing party Syriza is
leading the opinion polls. Its leader has threatened to pull out of an
international bailout agreement, under which the debt-ridden country
received credits from the EU and the IMF in exchange for severe austerity
measures."Greece might be going through a difficult period, but we believe
that we shall overcome as we have overcome the Romans, the Turks, the
Germans and hemlock," Papadimitriou joked."I also hope that we shall
overcome the wisdom of Greek voters."At an earlier enactment of the trial
in New York last year, Socrates was likewise acquitted.(Emphasis added)
This type of reverting back of the older judgment has also been observed in
the inquisition of Galileo, when the Vatican City rectified them:
After 350 Years, Vatican Says Galileo Was Right: It Moves VIEW HERE
(As reported on Oct. 31, 1992 © The New York Times
Thus, Spatio-temporal judgments are not universal. However, in present
situation, it will be difficult for us to hire a lawyer we cannot afford it. On
the other hand, unlike Socrates, we cannot plead for ourselves in the trial
before more than 500 jurors. There are discriminations in between haves
and have-nots in the Indian judiciary.
Here's proof that poor get gallows, rich mostly escape. VIEW HERE (As
reported on JULY 21, 2015 © The Times on India)
Judiciary ramshackled, going to court is useless: Ex-CJI Ranjan Gogoi VIEW
HERE (As reported on 14th February, 2021) © The Indian Express
"Who goes to the court? You go to the court and regret," Gogoi said, adding
that it is those who can afford to take chances, such as the big corporate,
who approach the courts. "If you go to the court, you would be washing
dirty linen in the court. You will not get a verdict,"
"You want a 5 trillion dollar economy but you have a ramshackled
judiciary," he commented, adding that during the pandemic, 60 lakh
cases were added at the trial courts, 3 lakh in high courts and nearly
7,000 in the apex court.
"The road map is to have the right man for the job. You don’t appoint
judges as you appoint officers in the government. To be a judge is a full
time commitment. It is a passion. There are no working hours," he said,
stressing that the training of judges should be robust.
See also:
‘If you go to court, you don’t get a verdict,’ says former CJI Ranjan Gogoi
VIEW HERE (As reported on Feb 13, 2021) ©
Mukul Rohatgi, Ex-Attorney General of India, said in the NDTV interview
(12/11/2020) by reiterating Hon. Justice Krishna Iyer, “Jurisprudence has
gone astray, seem jail is rule, bail exception.”
After reading all these, I am now trying to concentrate on another fiction,
Justice (1910), a play by John Galsworthy. The story is briefly sketched as
In trying to save his lover Ruth Honeywill from the hands of his drunkard,
ruthless husband, William Falder, a legal advisor, gets involved in a process
of legal conflict after altering a cheque of nine pounds to ninety. He is
brought up to the Court of Justice where his defending lawyer strived to
justify his action as an act of love and sympathy towards his girlfriend Ruth,
who, unless Falder was there, would have been forced to sell herself for
money in the case of separation from his legal husband (since brutality is
not a sufficient legal ground for obtaining a divorce) to sustain herself and
her children. Despite such a defense, Falder is sentenced to three years of
imprisonment. Following Falder’s sentence, Ruth actually leaves her
husband and sells herself for money, but is still unable to earn a day’s living
for her children. Falder leaves the prison in a broken condition after the
sentence gets over and realizes Ruth’s destitute condition. His company
does not give back his previous job either. A policeman arrives to arrest
Falder for failing to report to the authorities as a ticket-of-leave man.
Overcome by the inexorability of his fate, Falder throws himself out of an
upstairs window, falling to his death. The play ends with the words of the
senior clerk, Robert Cokeson, who has tried so hard to help him since the
"No one'll touch him now! Never again! He's safe with gentle Jesus!"
No other way out except self-annihilation?
??? Is it that the hemlock is inevitable?
We are at the verge of self-annihilation as we are terminated by the crony
as well as monopoly capitalist ventures of the present regime. Therefore,
we are citing some instances where the Lord Buddha himself subscribed the
process of harming one’s own self:
The person who could get out of tanhā (thirst) and the causes of tanhā, i.e.,
avidyā, can annihilate him/herself.
Example 1: Godhikā could not attain nirvāṇa due to her physical illness. She
decided to terminate herself by using a sword. Buddha admitted her plea
for self-annihilation. (Kathābotthu)
Example 2: Even after spending seven years, Shihao could not achieve
nirvāṇa. After putting rope around his neck, he achieved arhattattva and
miraculously that rope loosened up. (Therigāthā)
Example 3: Svapnadās, due to his physical illness, could not practice the
necessary sādhanā for achieving nirvāṇa. After taking the decision to
annihilate himself, he achieved the nirvāṇa.
Example 4: Vakkāli loved to admiringly stare at the divine body of the Lord
Buddha. For this type of infatuation, Buddha expelled him. Vakkāli decided
to commit suicide by jumping off a cliff. The Buddha endorsed his
These instances are in no way related to our present concern since we are
frantically hankering after the money-signifier, which are being stolen by
the sreshins in collusion with the unlawful katriyas; we are not śramanas,
devoid of all the earthly tanhās. Therefore, we, the lesser mortals, are not
able to “enjoy” (jouissance) the consequences of vipāssana. We need our
money-signifier back from the simulated bankruptcy of my bank or else I
have no other way but to commit suicide.
“The atomic situation is now at the end point of this process;
the power to expose a whole population to death is the
underside of the power to guarantee an individual’s continued
existence. The principle underline the practice of battlethat
one has to be capable of killing in order to go on living- has
become the principle that defines the strategy of states….. At
state a biological existence of a population. If genocide is
indeed the dream of modern powers, this is not because of a
recent return of the ancient right to kill; it is because power is
situated and exercised at the level of life, the species, the race,
and the large-scale phenomena of population.” (Foucault,
1988: 137)
“……But what might be called as societies, ‘threshold of
modernity’ has been reached when the life of the species is
wagered on its own political strategies. For millennia, man
remained what he was for Aristotle: a living animal with the
additional capacity for a political existence; Modern man is an
animal whose politics places his existence as a living being in
question.” (Foucault, 1988: 143)
Why are we trapping ourselves within this situation? Is it the fault of us, or
the governmentality? The reader may notice that so far we have cited one
movie, one play and one novel—all of them are “fictions” and all of them
are someway related to the banking system. Now, in our bizarre condition
of our minds and bodies, the difference between facts and fictions are
Who are beneficiaries for our crises then? Is it not the lawyers and health
care providers? And also not the policy makers’, who are nominated by the
political parties at the cost of taxpayers’ money? And also not the so-called
“underworld”, who are covertly controlling the economy without being
reflected in the GDP (cf. Shadow Economy)?
We are now presenting two documents for answering our questions raised
in Section-0: one from Keynes and another one from Lawrence Henry
Summers (former Vice President of Development Economics and Chief
Economist of the World Bank 199193), where it is evident that they have
master-planned this type of blueprint that has induced human suffering.
For the time being, I am considering the monetarist economists as
scapegoats--they are solely responsible for my miseries.
"The government should pay people to dig holes in the ground
and then fill them upIf the Treasury were to fill old bottles
with banknotes, bury them at suitable depths in disused
coalmines which are then filled up to the surface with town
rubbish, and leave it to private enterprise on well-tried
principles of laissez-faire to dig the notes up again (the right to
do so being obtained, of course, by tendering for leases of the
note-bearing territory), there need be no more unemployment
and, with the help of the repercussions, the real income of the
community, and its capital wealth also, would probably
become a good deal greater than it actually is. It would,
indeed, be more sensible to build houses and the like; but if
there are political and practical difficulties in the way of this,
the above would be better than nothing."
--- John Maynard Keynes,
The General Theory of Employment, Interest and Money. (1936).
Book 3, Chapter 10, Section 6 p. 129
This type of policy is self-annihilating for the sake of employment
generation. It implies creating a problem, which was not even there and
then solving it temporarily in order to earn money. This very same thing has
been observed with regard to Lawrence Summers’ infamous memo. On
December 12, 1991, Lawrence Summers, “economist” of the World Bank
and also a relative of Paul Samuelson (note the difference in surnames!),
one of the main proponents of neo-classical economics, sent a
memorandum to some of his colleagues, presenting his “views” on the
state of the natural environment. Later on, The Economist published an
excerpt from the memo on 8th February, 1992, under the heading "Let
Them Eat Pollution". The memo is popularly known as “Summers’ Memo.
What is the memo all about? The memo intentionally promotes
transformation of use-value into exchange value in a mass scale in the so-
called “Less Developed Countries” of the so-called “third world”.
By means of manufactured/engineered pollution. It is evident from the
following lines of the memo:
“Just between you and me, shouldn't the World Bank be encouraging more
migration of the dirty industries to the LDCs (Less Developed Countries)? I
can think of three reasons:
(1) The measurement of the costs of health-impairing pollution depends on
the foregone earnings from increased morbidity and mortality. From this
point of view a given amount of health-impairing pollution should be done
in the country with the lowest wages. I think the economic logic behind
dumping a load of toxic waste in the lowest-wage country is impeccable
and we should face up to that.
(2) The costs of pollution are likely to be non-linear as the initial increments
of pollution probably have very low cost. I've always thought that under-
populated countries in Africa are vastly under-polluted; their air quality is
probably vastly inefficiently low [sic] compared to Los Angeles or Mexico
City. Only the lamentable facts that so much pollution is generated by non-
tradable industries (transport, electrical generation) and that the unit
transport costs of solid waste are so high prevent world-welfare-enhancing
trade in air pollution and waste.
(3) The demand for a clean environment for aesthetic and health reasons
is likely to have very high income-elasticity. The concern over an agent
that causes a one-in-a-million change in the odds of prostate cancer is
obviously going to be much higher in a country where people survive to get
prostate cancer than in a country where under-5 mortality is 200 per
thousand. Also, much of the concern over industrial atmospheric discharge
is about visibility-impairing particulates. These discharges may have very
little direct health impact. Clearly trade in goods that embody aesthetic
pollution concerns could be welfare-enhancing. While production is mobile
the consumption of pretty air is a non-tradable. The problem with the
arguments against all of these proposals for more pollution in LDCs
(intrinsic rights to certain goods, moral reasons, social concerns, lack of
adequate markets, etc) could be turned around and used more or less
effectively against every Bank proposal for liberalisation.”
In a nutshell, this memo promotes that first the so-called underdeveloped
countries of the third-world must be polluted to the greatest extent and
then products should be introduced (by those who manufactured the very
pollution in the first place) to those countries to curb that pollution level in
return of money-signifier.
Thus said Ivan Illich:
“By exporting their crisis and by preaching the new gospel of
puritan energy worship, the rich do even more damage to the
poor than they did by selling them the products of now
outdated factories.”
Alas, what a mindset! The Masters of the Mankind (a la Adam Smith) are
actually trying to annihilate us. It is purely a case of Malthusian “positive
checks” (1798, war, famine, and disease etc. ) willfully manufactured by
the Masters of the Universe for the sake of free flow of private capital and
for encouraging “natural”(?!) market fundamentalism.
We then have to find out the “outside” of such ritualization of legal and
medical processes (cf. Sec I and II above) without being suffered from
foreclosure (psychosis a la Lacan). We have to avoid so many
doorkeepers. What is the way out? Firstly, we have to learn about these
faulty paradigms.
Attorney-client relationship that depends on money-signifiers, could work
in the inside domain of existing system. What are the faults of such legal
framework? Let us hear it from a brief-less barrister:
“I have no desire to convince you that they (lawyers) have
never done a single good thing…That the Congress owes the
lawyers something is believable. Lawyers are also men, and
there is something good in every man. Whenever instances of
lawyers having done good can be brought forward, it will be
found that the good is due to them as men rather than as
lawyers. All I am concerned with is to show you that the
profession teaches immorality; it is exposed to temptation
from which few are saved.
The Hindus and the Mahomedans have quarreled. An ordinary
man will ask them to forget all about it; he will tell them that
both must be more or less at fault, and will advise them no
longer to quarrel. But they go to lawyers. The latter's duty is to
side with their clients and to find out ways and arguments in
favour of the clients to which they (the clients) are often
strangers. If they do not do so they will be considered to have
degraded their profession. The lawyers, therefore, will, as a
rule, advance quarrels instead of repressing them. Moreover,
men take up that profession, not in order to help others out of
their miseries, but to enrich themselves. It is one of the
avenues of becoming wealthy and their interest exists in
multiplying disputes. It is within my knowledge that they are
glad when men have disputes. Petty pleaders actually
manufacture them. Their touts, like so many leeches, suck the
blood of the poor people. Lawyers are men who have little to
do. Lazy people, in order to indulge in luxuries, take up such
professions. This is a true statement. Any other argument is a
mere pretension. It is the lawyers who have discovered that
theirs is an honourable profession. They frame laws as they
frame their own praises. They decide what fees they will
charge and they put on so much side that poor people almost
consider them to be heaven-born.
Why do they want more fees than common labourers? Why
are their requirements greater? In what way are they more
profitable to the country than the labourers? Are those who
do good entitled to greater payment ? And, if they have done
anything for the country for the sake of money, how shall it
be counted as good?
….Those who want to perpetuate their power do so through
the courts. If people were to settle their own quarrels, a third
party would not be able to exercise any authority over them.
Truly, men were less unmanly when they settled their disputes
either by fighting or by asking their relatives to decide for
them. They became more unmanly and cowardly when they
resorted to the courts of law. It was certainly a sign of savagery
when they settled their disputes by fighting. Is it any the less
so, if I ask a third party to decide between you and me? Surely,
the decision of a third party is not always right. The parties
alone know who is right. We, in our simplicity and ignorance,
imagine that a stranger, by taking our money, gives us
--Hind Swaraj (1915),
M.K. Gandhi,
A Brief-less Lawyer
(Graduated in Law from the University College, London)
We do not wish to add anything more after such a radical enunciation. For
taking a relief, we may look into a movie’s (Lage Raho Munna Bhai)
clipping for elaborating the above enunciation of Mahatma Gandhi:
Western writers have used stronger terms regarding both
lawyers and doctors. One writer has linked the whole modern
system to the Upas tree. Its branches are represented by
parasitical professions, including those of law and medicine,
and over the trunk has been raised the axe of true religion.
Immorality is the root of the tree. So you will see that the
views do not come right out of my mind but represent the
combined experiences of many. I was at one time a great lover
of the medical profession. It was my intention to become a
doctor for the sake of the country. I no longer hold that
opinion, I now understand why the medicine men (the vaids)
among us have not occupied a very honourable status.
The English have certainly effectively used the medical
profession for holding us. English physicians are known to have
used their profession with several Asiatic potentates for
political gain.
Doctors have almost unhinged us. Sometimes I think that
quacks are better than highly qualified doctors. Let us consider
: the business of a doctor is to take care of the body, or,
properly speaking, not even that. Their business is really to rid
the body of diseases that may afflict it. How do these diseases
arise? Surely by our negligence or indulgence. I overeat, I have
indigestion, I go to a doctor, he gives me medicine, I am cured.
I overeat again, I take his pills again. Had I not taken the pills in
the first instance, I would have suffered the punishment
deserved by me and I would not have overeaten again. The
doctor intervened and helped me to indulge myself. My body
thereby certainly felt more at ease; but my mind became
weakened. A continuance of a course of medicine must,
therefore, result in loss of control over the mind.
I have indulged in vice, I contract a disease, a doctor cures me,
the odds are that I shall repeat the vice. Had the doctor not
intervened, nature would have done its work, and I would
have acquired mastery over myself, would have been freed
from vice and would have become happy.
Hospitals are institutions for propagating sin. Men take less
care of their bodies and immorality increases. European
doctors are the worst of all. For the sake of a mistaken care of
the human body, they kill annually thousands of animals. They
practise vivisection. No religion sanctions this. All say that it is
not necessary to take so many lives for the sake of our bodies.
These doctors violate our religious instinct. Most of their
medical preparations contain either animal fat or spirituous
liquors; both of these are tabooed by Hindus and
Mahomedans. We may pretend to be civilized, call religious
prohibitions a superstition and wantonly indulge in what we
like. The fact remains that the doctors induce us to indulge,
and the result is that we have become deprived of self-control
and have become effeminate. In these circumstances, we are
unfit to serve the country. To study European medicine is to
deepen our slavery.
It is worth considering why we take up the profession of
medicine. It is certainly not taken up for the purpose of serving
humanity. We become doctors so that we may obtain honours
and riches. I have endeavoured to show that there is no real
service of humanity in the profession, and that it is injurious to
mankind. Doctors make a show of their knowledge, and charge
exorbitant fees. Their preparations, which are intrinsically
worth a few pence, cost shillings. The populace, in its credulity
and in the hope of ridding itself of some disease, allows itself
to be cheated. Are not quacks then whom we know, better
than the doctors who put on an air of humaneness?
--Hind Swaraj (1915), M.K. Gandhi
Ivan Illich and Medical Nemesis
The following paragraphs summarize Illich’s views on the issues of
schooling and medical systems, which are akin to Gandhi’s views. These
thoughts have been paraphrased and summarized by ©J P Bunker:
The appropriation of health
In 1974 Richard Smith, the editor of the British Medical Journal, and I each
attended lectures by Ivan Illich. Smith, then a medical student in Edinburgh,
heard him claim that “the major threat to health in the world is modern
medicine.” While a visiting professor in Boston that same year I heard him
make the same claim. Smith recalls that listening to Illich was “the closest I
ever came to a religious experience”. I had a somewhat different reaction,
one tempered by the exchange between Illich and a medical student after
his lecture. The student, raising his hand, said “but Dr. Illich, I just want to
help sick people”, to which Illich replied with a sneer that “you’re no better
than the Nazi doctors.” Smith’s reaction was to drop out of medical school
(for three days). Mine was disgust.
Looking back today I realise that I misunderstood what Illich was up to. I
subsequently read Deschooling Society, in which he attacked the
educational system for serving to indoctrinate the young in the
overproduction of goods to satisfy the consumer society. Much the same
theme reappears towards the end of Medical Nemesis, in which he wrote
that “like school education and motor transportation, clinical care is the
result of a capital-intensive commodity production” in which the patient as
an individual becomes a technological product. He argued that medicine
“constitutes a prolific bureaucratic program based on the denial of each
man’s need to deal with pain, sickness, and death”.
As an anaesthetist Illich’s pronouncement of the need to experience pain is
of special interest to me. He wrote, in a chapter entitled The Killing of Pain,
that the medicalisation of pain “has rendered either incomprehensible or
shocking the idea that skill in the art of suffering might be the most
effective and universally acceptable way of dealing with pain.” Illich traces
his views on pain to those of the church and of most religions, for which
historically “it was unthinkable that pain ought not be suffered, alleviated,
and interpreted by the person afflicted, but that it should beideally
alwaysdestroyed through the intervention of a priest, politician, or
physician.” The “opportunity for purification, penance, or sacrifice” was to
be welcomed.
Illich believed that “better health care will depend not on some new
therapeutic standard, but on the level of willingness and competence to
engage in self-care”, and he defined self-care broadly as consisting of
“personal activities *that+ are shaped and conditioned by the culture in
which the individual grows up: patterns of work and leisure, of celebration
and sleep, of production of food and drink, of family relations and politics”.
In Tools for Conviviality, written three years before the publication
of Medical Nemesis, Illich described this ideal state as an “autonomous and
creative intercourse among persons within their environment… individual
freedom realized in interpersonal interdependence and, as such, an
intrinsic ethical ideal.” He called this a state of conviviality, and his notion of
its health enhancement is remarkably in tune with current views of the
impact of the social environment on health.
Illich’s attack has been largely ignored by the medical profession and there
is little if any evidence that it has affected the continuing growth of the
medical establishment. But Medical Nemesis has not been forgotten. It was
reprinted in 1990 by Penguin and in 1995 by Marion Boyars. The latter,
retitled Limits to Medicine, includes a new preface, and in it he makes his
purpose crystal clear. “I used medicine as a paradigm for any mega-
technique that promises to transform the conditio humana. I examined it as
a model for any enterprise claiming, in effect, to abolish the need for the
art of suffering by a technically engineered pursuit of happiness.” In the
preface Illich made the extraordinary and revealing statement that
“emphatically, I do not care about health”. Should there be any doubt as to
the sincerity of this statement or of his views on the medical enterprise,
how he responded to his own ill health is instructive. After Illich’s death in
December, 2002, an obituary in the London Independent reported that
when he was “diagnosed with cancer in 1983, he refused all treatment…As
the tumour on his cheek became more prominent and painful and subject
to epileptic attacks, he refused to accept the diagnosis imposed by the
doctors. ‘I am not ill, it’s not an illness’, he declared. ‘It is something
completely differenta very complicated relationship.’
Kothari, Manu L. , Lopa A. Mehta. 1985. “Violence in modern medicine”.
The Median Isn’t the Message VIEW HERE © Stephen Jay Gould
“Socrates. But why, my dear Crito, should we care about the opinion of the
many? Good men, and they are the only persons who are worth
considering, will think of these things truly as they happened.
Crito. But do you see. Socrates, that the opinion of the many must be
regarded, as is evident in your own case, because they can do the very
greatest evil to anyone who has lost their good opinion?
Socrates. I only wish, Crito, that they could; for then they could also do the
greatest good, and that would be well. But the truth is, that they can do
neither good nor evil: they cannot make a man wise or make him foolish;
and whatever they do is the result of chance.”
--- Plato, Crito
See also: Why Socrates Hated Democracy
“That our reformed Parliament cannot get on with any kind of work,
except that of talking, which does not serve much.” --- Thomas Carlyle,
Latter Day Pamphlets
“The executive power in our government is not the only, perhaps not even
the principal, object of my solicitude. The tyranny of the legislature [or the
majority] is really the danger most to be feared, and will continue to be so
for many years to come. The tyranny of the executive power will come in its
turn, but at a more distant period.” Tocqueville, Democracy in America.
“Marx knew how to break with anarchism ruthlessly for its inability to make
use even of the “pigsty” of bourgeois parliamentarism, especially when
the situation was obviously not revolutionary; but at the same time he
knew how to subject parliamentarism to genuinely revolutionary
proletarian criticism.” ---Lenin, The State and Revolution
“That which you consider to be the Mother of Parliaments is like a sterile
woman and a prostitute. Both these are harsh terms, but exactly fit the
case. That Parliament has not yet, of its own accord, done a single good
thing. Hence I have compared it to a sterile woman. The natural condition
of that Parliament is such that, without outside pressure, it can do nothing.
It is like a prostitute because it is under the control of ministers who change
from time to time. Today it is under Mr. Asquith, tomorrow it may be under
Mr. BalfourCarlyle has called it the talking shop of the worldParliament
is simply a costly toy of the nation…Parliament is without a real master.
Under the Prime Minister, its movement is not steady but it is buffeted
about like a prostitute. --- Gandhi, “Hind Swaraj” .
D. Some Observations:
We have noticed the following facts of the Indian democracy:
No scope for proportional representation in Indian Democracy
except in the upper house of the parliament;
Corporate Involvement is observed through the “political donations”
as expected in the crony capitalism;
So-called underworld is also involved in political business; cf. In
India, the Underworld-Politician-Police Nexus Is Clearly Visible and
Visibly Ignored VIEW HERE (As reported on 14th July, 2017 ©The
EVM: Many tech-savvy nations do not use it except Australia,
Belgium, Brazil, Estonia, France, Germany,Italy, Namibia, the
Netherlands (Rijnland Internet Election System), Norway, Peru,
Switzerland, Venezuela, `the Philippines etc.
Can EVMs Be Hacked?: 5 Things You Need To Know VIEW HERE (As
reported on 5 Feb 2019 ©The Boom)
We are really happy to note that the Swedish The V-Dem Institute has
reported that India is an autocratic country.
India Is No Longer a Democracy but an 'Electoral Autocracy': Swedish
Institute (As reported on 11th March 2021, © The Wire)
The Freedom House also dropped India from the list of Free Countries in
its annual report entitled Democracy under Siege.
India is now only 'partly free' under Modi, says report (As reported on
3rd March, 2021 © BBC News)
Therefore, our perceptions are verifiedwe are not wrong, even we are
undergoing a phase of psychosomatic disorder.
It is found that the neoliberal capitalist economy along with political party-
based society invoke depression, anxiety disorders, suicidal tendencies,
self-annihilation etc. It simply does not work for the welfare of the many.
Therefore, we are suggesting the following options with many alternatives:
a) Partyless participatory democracy as proposed by Mahatma
Gandhi, Vinoba Bhave, M. N. Roy and J. P. Narain. All official parties
are run at the whims of the corporate and such parties, just like
puppets, are replicating their masters’ commands. Therefore it
becomes quite difficult for the layman to distinguish amongst
different parties, since beyond their surface-level preached
ideologies, all are equally vocal in representing the corporate
demands. Furthermore, all parties have hidden sources of income
(which cannot be deciphered even by deploying RTIs!), all parties rig
the elections, rely on muscle and money power and so on.
b) Right to Recall: If one still wishes to maintain centralized
parliamentary democracy, s/he can follow this option. The
government should be made part of the election process. The Right
to Recall accounts for the participation of the people in the decision-
making process in a politically conscious manner, which further
ensures, to some extent, the stoppage of degeneration of democracy
into oligarchy or electoral autocracy. Sachindranath Sanyal, one of
the Indian revolutionaries against British colonialism, once remarked
in the manifesto of his revolutionary organization, the Hindustan
Republican Association (HRA): "In this [independent Indian
democratic] Republic the electors shall have the right to recall their
representatives, if so desired, otherwise the democracy shall
become a mockery ."
Moreover, if the contemporary system of election is to be believed,
proportional representation is also to be included in the election of
the lower house members of the Parliament. In the current plurality
system of voting, the party getting only 30% of the total votes polled
is declared to be the winner, while the rest 70%, i.e., the actual
majority, is relegated to the background and their voice is ignored or
c) Decentralized, self-reliant, local resource-based green/eco-friendly
economy without money-signifier, i.e., moneyless society , as
proposed by Rabindranath Thakur. The Gandhian idea of gram
swaraj (Village Self-Rule) and Arne Naess’ Deep Ecological
Perspective also formulate such a view of democratic de-
centralization without any hierarchy or governmentality. In such a
society of participatory democracy, production is to be done
according to one’s ability and needs but not according to one’s
greed. Low-energy consumption is to be ensured to preserve
ecological equilibrium without increasing carbon footprints.
d) Horizontal Mutual Aid instead of vertical social hierarchy. Mutual
aid is a bottom-up or down-up approach to social solidarity that
focuses on the role of interdependent cooperation between all living
beings. Taking his cue from the survival of humans in the extreme
climatic conditions of Ice age, anarchist thinker Peter Kropotkin
propagated this view against the Social Darwinian theory that
champions the idea of “survival of the fittest” (Herbert Spencer). In
Kropotkins view, symbiotic relationships between humans as well as
between humans and nature are to be promoted at all levels and
spheres of life.
e) Economics of Austerity as proposed by the Buddha and further
elaborated by Mahatma Gandhi, Schumacher and A. K. Dasgupta.
As previously mentioned, the low-energy level self-reliant,
decentralized village community of Tagore, Gandhi and Naess’
dreams has to chiefly focus upon meeting the means of subsistence
of every living component without promoting boundless
consumerism for mere ostentatious display and conspicuous
consumption. Schumacher called this “Buddhist economics” as the
Buddha himself regarded tanhaor “trsnaor craving for more and
more worldly objects to be the cause of human sufferings (duhkha).
A Buddhist economy is an economy that treats all of its units, be it a
micro unit like a honeybee or a macro unit like a group of farmers in
a collective farm, as beings and units of equal intrinsic worth and
value. The micro-units cannot be mercilessly sacrificed to make place
for the macro humans.
f) Socially necessary labour is to be emphasized instead of extracting
surplus labour . Such decentralized cooperative communities would
be based on the performance of socially necessary labour by every
person, without distinctions between manual or physical and mental
or intellectual labour. Such a community would not promote surplus
labour exploitation by the capitalists from the wage-labourers,
because wage-slavery would have to be done away within the
framework of such a moneyless, classless, stateless society. For
Gandhi, “wealth without labour” was one of the deadly sins that
degenerate the human society. Socially necessary labour would
entail that the naturally unproductive portions of the society, i.e.,
the children, the elderly and the physically challenged persons,
would also get their shares from the society at large in an equitable
The following statistics (if statistical data are to be believed! According my
personal experience, Sahibs often allege that this country for poor data
quality despite this country has celebrated institutes, viz., Indian Statistical
Institute, National Sample Survey etc. Cf. (a) Data deficit and India’s
peripheral States; (b) Why India lacks quality in its demographic and health
data?) of India (Population: 135.26 Crores and still counting, July, 2020)
speaks for itself about the condition of the country. It has worsened during
the catastrophic situation due to COVID-19 outbreak:
1. Hunger Index: rank 102 out of 117 qualifying countries (2019)
2. Unemployment rate: 8.74% of the population (2020)
3. GDP growth rate: 1.9% post-lockdown (2020), following global
recession. GDP per capita rank 42nd (nominal; 2020) 124th (PPP; 2020)
4. According to The Economist (2016), India occupied the ninth position
in global Crony-Capitalist Index, having crony sector wealth that accounts
for 3.4% of the total GDP.
On the other hand, PSU banks, some private banks are going to be
bankrupted due to Gross NPAs. Inflation is inevitable.
5. Happiness Index: Rank 140 out of 156 countries (2019)
6. Corruption Index: Rank 80 out of 180 countries (2020)
7. Informal sector workers: 93% of the total workforce (2019).
Disinvestment and privatization are the major reasons behind it.
Supposed/probable citizens of India (“probable", as the Indian citizen is yet
to be proved by the tiresome processes of NPR-NRC-CAA) used to elect
their government to switch over from public sectors to private sectors.
What a paradox! Only an equivocator could say two antithetical concepts:
“FDI” and atmanirbharata (self-reliance) with nationalistic jingoism in a
same breath!
8. Availability of Hospital beds: 0.055 per 1,000 populations (2020)
9. Defense Budget: The union government justifiably allocated Rs 3.37 lakh
crore as the defense budget for the financial year 2020-21. (compared to 8,
it is observed that the death industry is proliferated by the government
10. Malnourished population: 195.9 million malnourished people (2015-
17); one-third of the world's malnourished children belong to India.
11. Carbon Footprints: Emission of 2,299 million tonnes of Carbon Dioxide
(2018). No visible step is observed to save the planet from the
consequences of anthropogenic global heating by the Indian Government.
Even there is no anticipatory policy regarding the rehabilitation of climate
refugees. Instead, the government is justifiably busy with ostentatious
display of statues, temples, anti-green bullet trains etc., along with planned
deforestation for mining and other developmental projects.
12. Poverty index: rank 49. Two-thirds of people in India live in poverty:
68.8% of the Indian population lives on less than $2 a day. Over 30% even
have less than $1.25 per day. More than 36 crore Indians still cannot afford
three square meals a day. India had 73 million people living in extreme
poverty which makes up 5.5% of its total population. India's top 1% owns
half of national wealth.
13. External Debt is nearly about Rupees 86 trillion (as on 02/05/2020)!
However, Indian Government has written off the astronomical figure of
money, 68,607 crores owed by the super-rich people at the time of
international crisis.
14. Suicide rate: About 800,000 people die by suicide worldwide every
year, of these 1, 35, 000 (17.8%) are from India. India now accounts for
over a third of the world’s annual female suicides and nearly a fourth of
male suicides.
15. India is also a victim of Lawrence Summers’ (chief economist of the
World Bank 1991-93) memo "Let Them Eat Pollution". Majority of Indians
have lost their herd immunity for consuming spurious products of so-called
Green Revolution (empirical data not available).
16. Water Crisis: An average human being needs 15 litres of water per day
to meet the basic needs and easements, which roughly amounts to more
than 50 litres per family. In the rural areas, more than 50% of women walk
up to minimum 5km on a daily basis for necessary consumption. On an
average, they have to undertake 2-3 trips to and fro with earthen pots on
their heads (15-20 litres capacity each). Carrying such heavy loads of water
on their heads leads to chronic biological complications. Unsafe water also
leads to an annual surge in infant mortality. Children of nearly 100 million
households in India are left to survive without water. Due to the non-
availability of safe drinking water, 2 lakh Indians have to die every year and
600 million of the Indian population encounter extreme water crisis.
1. In the context of the crony capitalist scenario of India, it is found that
few of the mercantile enterprises are controlling, approximating,
appropriating and codifying the ruling party and the government.
2. Thus, the government and the ruling party are trending towards
monopoly capitalism by choosing few mercantile donors.
3. For the sake of (1) and (2), crafted crises are created to hand over all
the governmental institutes and “other” private financial institutes
through, what Baudrillard called, Simulation in the context of the
consumer society.
4. This is euphemistically glorified as “disinvestment”, as if 43% of
Indian adult citizens had chosen (by the way of common
suffrage/universal franchise) their government (2019) for switching
over to non-governmental agencies. These private agencies are
acquiring the (a) infrastructures, built by the taxpayers’ money-
signifiers (thus “public” is subservient to the free flow of private
capital); (b) natural resources as free gift that leads to the
catastrophic glocal heating.
5. In the context of such a consumer society, this type of situation (free
flow of private capital) encourages market fundamentalism apart
from the ruling party’s declared religious fundamentalism.
6. Creating anxiety disorder through crafted and simulated crises is also
a hyper-real business. It contributes to the businesses of
pharmaceutical companies and legal professions and cripples the
cognitive competence of homo sapiens sapiens. Thinking persons are
endangered. Creativity is crippled. Not only that it is also a part of
anatomo-bio political intervention into the docile corporeal of the
subjects with a goal to execute Malthusian positive (?) checks.
7. The shadow economy (a la Pigou) of the so-called “underworld” is
also controlling, approximating, appropriating and codifying the
mercantile enterprises as well as political parties. This is the tragic
shadow world of the Indian economy.
8. By encouraging FDI, India is welcoming foreign MNCs, thus it is like
re-welcoming the East India Company. This not only contradicts the
atmanirbhar project of the current Indian political regime under the
neoliberal economy, but also it affects the economic sovereignty of
9. The ideological standpoint of the ruling party and its associates is
working as a mask since it does not comply with the main ideological
tenets of the rich Indian epistemological traditions.
ResearchGate has not been able to resolve any citations for this publication.
Observations: We have noticed the following facts of the Indian democracy:  No scope for proportional representation in Indian Democracy except in the upper house of the parliament
  • D Some
D. Some Observations: We have noticed the following facts of the Indian democracy:  No scope for proportional representation in Indian Democracy except in the upper house of the parliament;
The union government justifiably allocated Rs 3.37 lakh crore as the defense budget for the financial year 2020-21
  • Defense Budget
Defense Budget: The union government justifiably allocated Rs 3.37 lakh crore as the defense budget for the financial year 2020-21. (compared to 8, it is observed that the death industry is proliferated by the government itself)