What’s Enforcement Directorate Got to Do With Dalit Farmers?

Summons Issued to 2 Elderly Dalit Farmers in Tamil Nadu

Newsreel Asia Insight #90
Jan. 01, 2024

In Tamil Nadu, a land dispute involving two elderly Dalit farmers and a local political leader has led to a controversial intervention by the Enforcement Directorate (ED), a central government agency, raising eyebrows and causing public outcry, according to a media report.

The farmers, Kannaiyan and Krishnan, both in their 70s from the Attur area in Salem district, have been summoned by the ED, The News Minute reported, adding that the two live modestly on a 1,000-rupee monthly pension and rely on government rations. They are involved in a land dispute with a local Bharatiya Janata Party leader, identified as Gunashekar, the party’s Salem east district secretary, accused of trying to illegally seize their land.

The reason for the summons is unclear. Their lawyer, Dalit Parvina, pointed out the lack of specificity in the summons, which only mentions the land grab case against Gunashekar, according to the report, which said Gunashekar was arrested in 2020 following a criminal case and is also involved in an ongoing civil case.

Further, the summons, issued under the Prevention of Money Laundering Act, 2002, by Ritesh Kumar, Assistant Director of ED, surprisingly included the farmers’ caste designation as “Hindu Pallars.” The requirement for the farmers to produce various documents, without clear details on the case, adds to the complexity.

In this David vs. Goliath scenario, the ED’s involvement is like a twist in the tale, bringing in a powerful government entity into a local land dispute and leading to speculation. Is this a case of the ED being used to intimidate the farmers, favoring the political leader?

To understand the ED’s role, it’s like having a watchdog specifically trained to sniff out economic crimes, such as illegal foreign exchange transactions under the Foreign Exchange Management Act of 1999, or money laundering under the Prevention of Money Laundering Act of 2002.

Established in 1956, the ED’s job is to enforce laws without bias, acting independently of the government in power. It’s like a referee in a sports game, ensuring fair play according to the rules, regardless of who the players are. As a central agency, the ED’s authority extends across the entire country, allowing it to conduct investigations and operations in any state without requiring explicit approval from state governments.

These powers might be needed, but concerns arise when this referee seems to be favouring one side. The concept of “instrumentalism” in political science describes a situation where a government agency, like the ED, is used for political or personal gains rather than just law enforcement. This can lead to “selective enforcement,” where the agency might target some individuals while overlooking others, contradicting the principle of equality before the law.

In this case, the involvement of the ED in a local land dispute, especially against financially disadvantaged farmers, raises questions about its role and impartiality. It highlights the potential for misuse of power in a way that could undermine public trust and democratic values.

The utilisation of the money laundering law has significantly increased under the current government, a fact supported by data from the finance ministry presented in the Lok Sabha in March 2022, according to a previous report by Scroll.in.

The data, it said, revealed a striking escalation in the activities of the ED over different periods. Between 2004 and 2014, the ED conducted 112 searches related to money laundering investigations. However, in the subsequent eight years, there was a dramatic increase, with the number of searches rising 26-fold to 2,974.

In terms of legal actions, the change is equally notable, it said. The number of prosecution complaints filed by the ED – akin to police chargesheets, where the ED outlines the charges against an accused in court – saw a nearly eightfold increase. Before 2014, there were 104 such complaints, while from 2014 onwards, the number escalated to 839.

Furthermore, the report added, the value of assets seized by the ED showed a substantial rise. Between 2004 and 2014, assets worth 53.46 billion rupees were attached. From 2014 to 2022, this figure soared to 954.32 billion rupees, indicating a significant intensification in the ED’s enforcement actions.