Business Standard

India’s crypto community gets the jitters after RBI’S digital coin plan

- RAJESH BHAYANI Mumbai, 31 January

Friday’s Lok Sabha bulletin proposing to prohibit cryptocurr­encies and make way for the Reserve Bank of India (RBI) to issue an equivalent of those has caused panic in the country’s cryptocurr­ency community.

Many say if bitcoin and etherium are banned, ~90,000 crore worth of crypto assets, belonging to 5-7 million Indians, will be at stake. The price of bitcoin, which went up on reports of chief executive officers (CEOS) such as Elon Musk putting #bitcoin as bio in their Twitter handle, has started coming down with some investors selling them. The bulletin has stated the government has listed a Bill — The Cryptocurr­ency and Regulation of Official Digital Currency Bill, 2021 — to be introduced in the Lok Sabha. It proposes to “create a facilitati­ve framework for creation of the official digital currency to be issued by the RBI.

The Bill also seeks to prohibit all private cryptocurr­encies in India, however, it allows for certain exceptions to promote the underlying technology of cryptocurr­ency and its uses”.

Subhash Garg, former secretary to the Department of Economic Affairs, told Business Standard, “I have to see the Bill. In the previous Bill, a ban of cryptocurr­encies was proposed. However, there was a space left to treat cryptos as commoditie­s but that was not categorica­lly mentioned.”

He said cryptos as currencies should not be permitted in India. Industry is debating what a private cryptocurr­ency is and whether a bitcoin-like asset is one such. Some experts have pointed out the wording of the earlier Bill and the latest one were different. The difference is while all cryptocurr­encies were proposed to be banned earlier, it is for private cryptocurr­encies now. Siddharth Sogani, founder, CREBACO, a global platform for rating cryptocurr­ency exchanges and blockchain, said: “Private currencies are issued by private organisati­ons or individual­s who operate them for settling transactio­ns. Bitcoin is not a currency. It’s a crypto asset. As people use it for settlement, they have started calling it ‘currency’. It’s a digital commodity or store value first. Further, bitcoin is decentrali­sed, not run by any individual but a network.”

However, Sogani said there were smart contract-based coins/currencies run by individual­s but they were scams. The government must have regulation­s to stop them.

Kumar Gaurav, founder and CEO, Cashaa, the banker to the cryptocurr­ency industry, said: “Cryptocurr­ency is a global and decentrali­sed system, and there is no way any government can ban it. That would require a kind of technology and control that does not rest with anyone. What we understand is that the government is trying to crack down on scams running in the name of bitcoin, considerin­g that 90 per cent of these scams do not even operate on a proper cryptocurr­ency.” Industry is expecting positive developmen­ts on cryptos’ treatment. Nishith Desai Associates, CREBACO (along with Khaitan & Co.), and a few industry leaders recently made representa­tions to all government department­s and agencies that proposed a “regulatory framework”.

Gaurav Mehta, founder, National Digital Asset Exchange (NADX), said: “The decision to ban ‘private cryptocurr­encies’ is a step to prohibit crypto scams facilitate­d by individual­s. But in the case of bitcoin, ethereum, and other decentrali­sed currencies, the definition of ‘private’ is vague and can be contested in a court of law.” The NDAX provides blockchain forensics and taxation solutions to government department­s.

He, however, said: “More than 6 million investors have invested more than ~90,000 crore and the fate of such investors is uncertain. By proposing such a shallow regulation, India is positionin­g itself in league with Algeria, Bangladesh, Ecuador, and Nepal.” Scam possibilit­ies are large and retail investors who do not understand cryptocurr­encies are falling prey to wrongdoing. There was a bitcoin mining scam also.

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