The present values in life have
changed almost beyond recognition since the earlier times when they were
fundamental and unchanged since time immemorial. It may be appropriate to first
review the changed values both on micro level as well as macro level.
At the micro level, one may be
concerned with the values at professional level. The new comers and the
youngsters in the profession are fired with idealism of doing something so as to
make a name in the profession. However, soon they are disillusioned completely.
In view of curruption at all levels, the laws are interpreted against the
assessee even when the intention is clearly the opposite. For example, the
intention to encourage export by enacting Sec.80-HHC is lost in the jungle of
interpretation of various provisions of the section and taking shelter behind
the technical interpretation that the section refers to the old provisions
regarding export incentives and benefits which are not presently prevalent as
the new provisions regarding incentives are not referred in the Act. Examples of
such situations can be multiplied and dubious provisions giving discretion to
the Officers are interpreted in favour of revenue. A question arises whether how
a man of priciples can survive in such atmosphere. He can fight the battle till
Supreme Court but in the process, the clients are affected adversely. Therefore,
unless he finds client with principles, he will not be able to practise but the
expectation of the Institute will be naturally to follow the right course of
action. However, the majority of the practioners cannot follow such path of
“razor’s edge”. Also new comers are expected to spend large sum in setting up
their practice by way of new offices, computers, other equipments, etc. There is
therefore, natural inclination to adopt the shortcuts to success.
Same problem arises in audit
and Company Law practice. The difficulties of complying with recent Standards
relating to exchange fluctuations, retirement benefits, construction business,
impairment in value of assets, etc. also lead to such a situation wherein
auditor makes compromise with principles by not reporting on non-compliance with
complicated Accounting Standards whereas another auditor would act strictly
according to professional requirement and report on the non-compliance. There
may be similar situations of non-compliance with provisions of the Companies Act
regarding determination of profit or loss, remuneration of management, inter
company loans and investments, etc. where qualifications strictly required in
the Auditor’s Report, may put the company in difficulties. Majority of the
members practise as proprietors or in small firms and cannot resist the pressure
from management, whereas the big firms can dictate the requirements and the
members between these two extreme groups face difficulties of varying degrees.
Similar situations arise in other fields of practice like FEMA, Foreign Exchange
Regulation Act, NBFC, Banking, Insurance, etc.
At the macro level, in the
economic field, the offences falling within the scope of economic offences wing
lead to such situation. The scam arising from the stamp papers and the enormous
fraud committed by some persons have resulted in a national loss and the trial
relating to the same continues since a long time. There are misappropriations
arising from transactions relating to defence and the offences revealed by the
sting operations by the journalists have shocked the country. The related
proceedings are prolonged beyond reasonable time.
Similarly, on the social
scenario the picture is very grim or horrendous. The daily reporting of murders,
rape, kidnapping, blackmail and extortions are pointers in the direction where
the nation is going. The gang warfare between criminals including even the Court
premises are common and even increasing. The criminal defalcations in the
accounts of the banks and other enterprises result in national loss of collosal
proportion. The drunken brawls and increasing road accidents resulting in loss
of life all over the country have to be aggregated to realise that their number
is larger than the loss of life due to various diseases. The incidents of bomb
blasts in various parts of the country keep occurring at periodical intervals
and the trials of the criminals last more than a decade.
On the politcal front, the
picture is no different. Ministers against whom, civic or criminal cases are
pending hold important portfolios in the Government. Political parties support
members of other parties for reciprocal arrangements to retain power. The fate
of the honest Officers in the administration who dare to expose higher Officers
or Ministers is very dangerous, which few persons may be willing to face.
In this tragic situation, there
are two bright stars which give hopes for a brighter future; the judiciary at
the High Court and Supreme Court level has played tremendous role to improve the
position. Secondly, the Corporate Sector is very strong adding to the strength
of the economy and has not only attracted foreign direct investments but also
acquired giant companies abroad putting India on the international map. The
right to Information Act has given backing to persons who have been denied
justice since long.
A question arises what an
individual like you and me can do to change the above situation or should one
sit quietly and allow things to go worse? The first necessity is to restore the
old values in life where money was not the only consideration and charity and
helping others even at the cost of ones own time and money characterised the
philosophy of life. Purity of thinking and simple living were cherished ideals.
Being good to others and not to do anything wrong or against ones conscience
governed all actions in life. Accepting these simple principles and taking
decisions in the light thereof should be the guiding principle in all spheres of
life.
On the macro front therefore
one should act and practise according to the correct ethical principles. One
should resist corruption in administration at all cost, though, it will also
involve sacrifice in the form of loss of some work. An attempt by some
professional bodies to form a committee to fight corruption did not meet with
success as the problem alround was too vast and did not evoke response from the
relevant quarters. Hence, the only way to act is to fight corruption
individually though, it may not be possible on an organised scale.
In the same way, in ones
practice as professional, one should not accommodate clients against the law and
try to inculcate the spirit of compliance with the law in the clients also. The
best way of precept is to practise oneself the same by paying the Direct Taxes
on the income and wealth, the Stamp Duty when applicable and Sales Tax or
Service Tax and VAT according to law. The temptation to evade the same by not
taking the bills or cash memos and thereby not only evading the tax but also
encouraging the growth of black money must be avoided. Even an attitute of
helping others in the course of professional work and making life easier for all
concerned can go a long way to change the situation; e.g., the latest
requirement to obtain mutual fund identification number (MIN) encounters endless
and avoidable difficulties, like the xerox of PAN Card or acceptance of
documents of identification and address without being fussy about difference of
one alphabat in spelling on PAN Card. The innumerable flows pointed out in
application for Passport or for that matter any similar document can be reduced
by emphasising on substance rather than form.
The Right to Information Act
should be resorted to in all cases of dealings with Government where a person is
not getting response in spite of endless visits to the Government Department.
This very important right in the hands of citizens should not be allowed to be
diluted by further restrictions proposed by the amendment in the Act.
Finally, in the politcal field
the least one can do is to exercise the democratic right given to the citizens
for voting for the party which one belongs to or in whose principles one
believes in. One may believe that all the candidates belonging to the various
parties are not deserving of your support, so that a day will come in near
future when you can exercise a negative vote also. One cannot form a political
party oneself with the support of some like minded persons, as on account of
overwhelming number of other parties, such a party may fail to achieve the
objectives like - the Swatantra party. That is why good, bold, independent
persons with sterling character do not go to the Parliament by standing for
election. It is better to backup such independent persons on merits rather than
go by the parties.
Lastly, if one acts according
to dictates of ones conscience, one will never go wrong as that conscience
represents the spark of supreme consciousness within oneself . The cumulative
effect of action by a large majority of persons according to their conscience
will certainly have an impact and lead to a change for the better in the vast
canvas of the polity of nation.