PIL Filed in SC Seeking Directions Against Black Money and Benami Transactions

Advocate Ashwini Kumar Upadhyay has filed a PIL in Supreme Court to seek directions against curbing Benami transactions. The learned Advocate has also prayed for awarding life imprisonment for the following offences.

• Bribery
• Black money
• Benami property 
• Disproportionate assets, 
• Tax evasion 
• Money laundering.

It is pertinent to point out that India was ranked 80th on the Corruption Perception Index by Transparency International earlier this year. India’s dismal ranking on the international watch dog’s corruption index formed the basis of filling the public interest litigation.

The PIL is a step towards strengthening anti-corruption laws in India

India has slipped down 2 places from last year’s ranking on the global corruption index. What's more alarming is that India has shown little to no improvement if we take into account the rankings of the last eight years. 

The petition also draws attention to the fact that the stagnated and corrupt system not only affects the right to a happy life under Article 21 but also brings down India’s ranking on the global happiness index. 

What's the solution to the growing menace of corruption?

Transparency International’s report had indicated the following reasons for the significantly poor rankings on the anti-corruption Index.

• Opaque political financing
• undue influence in decision-making from corporates
• lobbying by powerful corporate interest groups

However, the petition gives the following suggestions to curb the deep-rooted corrupt practices prevalent in government departments.

• Recalling currency above Rs. 100
• Restricting cash transactions above 5000
• linking assets above Rs. 50,000 with AADHAAR
• Confiscating 100% black money and Benami property.

According to the petitioner, the suggestions can bring massive savings in public money as 10 percent out of the 70 lakh crore budget gets converted into black money.

The petition also points out the problem of mafia culture in major economic and public sectors. Mr Upadhaya compared the injury caused to Indian citizens akin to an insidious plague.

A call to emulate international best practices

Mr Upadhayay seeks issuance of directions to the law commission of India or Lokpal to collate, examine and draw inspiration from anti-corruption laws from around the world. 

However, the government’s weak implementation of the already existing anti-corruption laws cast a shadow of doubt on the acceptance and implementation of the ideas suggested in the PIL.