Defying judicial prudence & law of natural justice

Dec 22. 2013

By: Ravi Sinha

Populism has swept the collective consciousness of the Indian masses in general and educated middle class in particular. Whatever is fancy and suits the wish list of middle class in the urban pockets is nowadays being advocated aloud without the cost-benefit analysis of the issue. This populism, or better to call it populist rhetoric, is writ large today in the power corridors, judiciary and media alike. When Congress Vice President Rahul Gandhi bluntly suggested to tear apart the ordinance of the Union Cabinet against debarring convicted law makers, he was seen to be taking a moral high ground. However, he was just responding to the populist rhetoric that was threatening to get the voices louder on the issue. 

Rahul Gandhi though had a reason to side with the populist rhetoric, as the main opposition party that did not contest the Ordinance or the Bill, rather just suggested a few changes here and there, wanted to stump the government on the issue with backstabbing. After all, they had failed to see the larger threat to democracy if every convicted or charge-sheeted law maker is debarred from the House and prevented to contest electoral process.

Having sniffed the fact that the BJP Parliamentary Board had planned a march to the President against the Ordinance, the Congress Vice President was left with no choice but to triple cross the double-cross efforts of the BJP. However, in this political one upmanship an ordinance that could have saved the democracy from many future challenges was stalled. It is not about one Laloo Yadav going to jail or one Rasheed Masood losing his membership of Parliament that is the core issue, the core issue here is how many emerging mass leaders could be framed and political careers spoiled in the time to come.

Where is this holier-than-thou politics goading to the Indian democracy? Has the greater god for greater number of people being sacrificed for populism is a question that is threatening the future fair play in the battle of democracy. It seems now a few educated middlemen will write the destiny of the masses, even though the larger number will have a right to vote; of course vote only to those who are allowed by the few men sitting over their fate with whatever coloured vision they may be having against the uneducated but popular leaders of the country.   

It seems judicial prudence and law of natural justice is being compromised, if not outrightly butchered in India, thanks to the new wave of populist rhetoric. India is not a tiny country like Singapore where a referendum democracy can work, nor could few vocal voices in the urban pockets be termed as the popular voices or voices of the masses. Unfortunately, today even a few TV news channels have the audacity to call them the ‘Nation’.

The nation, however, does not rest in the studio of a TV news channel, nor in the drawing rooms of those who watch these channels. The way India, the real India deep rooted in the semi rural and rural pockets works, if charge sheet or even being convicted is allowed to rob the democratic rights of the Indians tomorrow any rising mass leader can be framed and convicted. Have not we seen many convicts being declared innocent after decades of trial in various courts? What if they are emerging leaders and hence being framed by the political heavy weights against whom they dared to stand?

The way Indian judiciary functions, if one is not resourceful it takes no less than 20-25 years to get a clean chit from the lower courts to the Supreme Court if one is framed with all the might. Who will compensate if a bright political career is spoiled by getting him convicted? Can the judiciary or those who are carried by populist rhetoric return someone his glorious years fighting in the courts and denied democratic rights to contest elections, even if they have masses with them?

What if the ‘Real’ public support of a mass leader comes out on the streets against his vindictive legal framing? Are we inviting social unrest and civil war in the process? These are the challenges of a large democracy like India that are unique only to this part of the world. So, imagining Singapore or the USA and making a populist statement on cleansing the Indian system in general and politics in particular is simply bullshitting in my opinion.

It is not just about this one Ordinance or the Bill that is the issue today. It seems in every walk of life whether it is judiciary or the media one is either guided by the populist rhetoric or just plain subconscious desire of 15 minute of fame that drives our collective consciousness. And that is something which threatens to derail the democratic process of the country, curtail the civil rights and deny judicial prudence and law of natural justice.

Take for example, ‘None of the Above’ option while electing a candidate in the elections. It may not have much impact in the rural pockets, but in the urban constituencies where the voices leading to populist rhetoric are louder, it may create a unique situation where the constituencies will either be represented by a real tiny mandate or it will go to polls again and again only to get the candidates discarded. The question is who will bear the cost of the repetitive elections? Or does the wisdom of a few drawing room experts think we Indians are fools to go to polling booths, stand in queue for hours only to exercise the right to refuse all?

These are all fancy thoughts that sound unique, ideal and revolutionary at face value. But scratch the surface, dig deeper into the issues that this country confronts on a day-to-day basis and one finds in the name of creating a clean society we are sowing the seeds of political and social unrest. Right to reject or right to recall is a thought that just does not fit into a large, heterogeneous society like India. The architect of the Indian democracy and constitution were not fools who did not address it the way it is being addressed now.  

The alternate voices in politics and other walks of life have always raised their heads in every society. The unique problem with India today is that these alternative voices that raise many questions without themselves having any rational answer are increasingly taking the centre stage. And that is something which threatens to drive the nation not on the merit of issues & agenda but populist rhetoric. If not nipped in the bud, such media orchestrated populist rhetoric also threatens to rob the sanity out of the society.       

Development or developmental engineering replacing social engineering

Oct 9. 2013 Ravi Sinha

Social engineering is passé as it has fallen flat on the face of those who engineered it successfully for long, be it Laloo Yadav in Bihar or Mayawati in Uttar Pradesh. It is ‘Out’ and what has come ‘In’ promises to transform the Indian politics in general and governance in particular. Sadly, this new opium of masses is even more dangerous as this emerging genre of vote bank politics takes even higher a moral ground in the name of ‘Votes for Development’. However, beyond this idealistic façade lies another sort of engineering—‘Developmental Engineering’ which as of now has earned enough curiosity among the media and intellectuals. Its proponents nevertheless fall way short of not just ideals but also ideas for any tangible transformation, be it Narendra Modi or Arvind Kejriwal.      

Intellectuals argue whether any other term has been so over-used and abused in the collective consciousness at the political level than ‘Development’ which, of course, means different things to different people. For some it is the GDP growth that is indicator of development, others find holistic development including liveability index and other social indicator as a benchmark. Populism has also been a development indicator in this part of the world for quite some time, but social engineering is increasingly waning and the void that it creates promises to put development card on the forefront.

With the general elections 2014 a few months away and five states also going for polls, the subject of development has yet again gained prominence. While it is convenient to assume that the young and aspiration driven India is no more ready to be carried by rhetoric alone, a close scrutiny of India’s socio-political consciousness reflects development as an agenda is yet to make inroads into politics and translate into votes. India’s ballot box traction point runs much deeper than macro level media rhetorics. In the name of development, what is actually happening is that a sort of developmental engineering is replacing the tried and tested social engineering that is waning its charm, thanks to its over-use and abuse by the so-called messiah of social justice.

There are two kinds of lies that are applied by respective governments to over-project its development card—plain lies and statistical engineering. The opposition party uses the same methodology to carry home the point lack of development. In plain lies all propaganda machinery is put to use to create an aura of ‘feel good’ or ‘fear psychosis’ which does not have a factual bearing on the ground. Secondly, it is the statistical engineering which is applied and by selective use of statistics it is made to believe that the state’s growth on development index is reflective of its progress. If Narendra Modi symbolises developmental engineering, Arvind Kejriwal is orchestrating plain lies.   

However, GDP growth or economic prosperity on a macro level does not often give the correct picture. Unless the state’s growth has been inclusive and growth is at par or parallel on various social indicators also, such growth is neither sustainable nor tangible enough to be called ‘Greater Good for Greater Number of People’.  

Take for instance the over-hyped and over-projected development model of Gujarat. Indeed the economic growth of Gujarat has been better than the national average. However, equally true is the fact that other states like Delhi, Bihar, Maharashtra, Uttarakhand and Tamil Nadu have done better than Gujarat in recent times. Gujarat is neither the best performer in the top ten best performing states, nor is its growth evaluation on various key indicators any impressive.

Poverty, a key indicator of development is not reducing significantly in Gujarat and its less than impressive performance shows it is at number 18^th position. As per Planning Commission figure all India BPL (Below Poverty Line) percentage has gone down from 37.20 to 29.8 between 2004-05 and 2009-10 whereas Gujarat’s percentage has gone down by only 8.6 points during the same period. Add to it, the Chief Minister Narendra Modi’s lofty economic remark that nutrition has gone down because women are health conscious in the state and eat less. That, of course, is indicative of state’s seriousness with this key development metrics.

Even from a purely economic development standpoint, Gujarat is number nine among the top ten states with percentage of population having concrete roof over head. Even states like Kerala, Himachal Pradesh, Andhra Pradesh and Punjab are ahead of Gujarat; with tiny places like Puducherry and Lakshadweep having better track record than Gujarat.  

In terms of sex ratio, another indicator of a developed state, Gujarat stands at a patriarchal low rank of 20^th position, with only 918 females per 1000 males. Though Gujarat often boasts of better literacy rate than the national average, its standing is at 15^th position in the country. In terms of infant mortality rate, again Gujarat’s statistical projection may boast of better than national average but it stands at 18^th position. Maternal mortality rate also shows states like Kerala, Tamil Nadu, Maharashtra and Andhra Pradesh are doing better than Gujarat.

This raises a fundamental question about the developmental engineering and its relevance beyond the vote bank politics. The moot point is development for whom and at what cost? Definitely, a development plank meant for industrialists can not be an effective development model. When the Congress President Sonia Gandhi emphasised that “passion for progress must be supplemented with compassion for poor” during deliberation on Food Security Bill, it was that grand vision of development model on which Gujarat stands nowhere.

Gujarat is just a case study here, but the fact of the matter is that many of the states that boast of development as their USP may not come out with relatively modest score when judged with all the key indicators of development. Reasons why many of the governments are shown the door even after creating so much of development projection, most classic example being the ‘India Shining’ of Atal Behari Vajpayee Government at centre.

In India the elections have by and large not been contested on development plank; it is just that the term development that is symptomatic of the developmental engineering instead of social engineering which has lived its shelf life. And it is not just the politicians alone who are to be blamed for this. What are we up to as Indians, as vote banks? Do we really scrutiny to differentiate the wheat from the chaff? If so, how come someone like Arvind Kejriwal take a moral high ground with absolutely no solution to offer for most of the developmental, both social and economic, problems afflicting the Indians.

So, it is basically one rhetoric being replaced by another without any tangible focus on development that still stands as the bane of Indian democracy. The mirage of a better governance continues; some have channelized it in the name of social justice while others are orchestrating in the name of development. Some others with no track record have taken an altogether different route of developmental engineering in the name of creating an utopian society. India just stands as the laboratory for all engineering and the Indian voters are at the best guinea pigs for them.  

Sorry Mr TVR Shenoy, your advocacy won’t make Modi a polarising factor

July 4, 2013, Ravi Sinha

Veteran journalists often become ‘veteran’ on the merit of their ideological backing to a given political party. It is not necessary that they actually believe in what they advocate publicly. But in the process they turn out to be the poor Xerox version of party hopping politicians looking for happy hunting ground. Senior journalist TVR Shenoy’s recent assumption of BJP being in a positioning to form a stable government at Centre and Narendra Modi being a polarising factor is a classic case in point.

Though I do not carry any authority to dictate or moderate any individuals’ fundamental right to opt for a governance choice—good, bad or indifferent but still would maintain that a political analyst should not write a pleasure analysis to a political party that promises to boomerang on the face of the writer itself in the days to come. Having said this, I understand that what bifurcates between political analysis and political advocacy in collective consciousness is very thin, especially when the stakes are pretty high, ranging from decorative ‘Padma Bibhushan’ to coveted ‘Rajya Sabha’ seat.

I believe it is better to be known as a journalist with outstanding credibility and tell on the face of the political party their grey zones, even if one ideologically supports them. That gives the journalist more credibility both as a party ideologue and from advocacy standpoint. With my limited exposure and understanding of Indian politics after nearly two decades of having seen it closely; first as a student leader, then a trade unionist and later as a journalist, I find no merit in the argument that next Lok Sabha will have a BJP-led government.

Even if BJP emerges as the single largest party in the next Lok Sabha elections, it is not the same BJP with a Vajpayee kind of manipulative organiser to hold the flock of 24 unlike-minded political parties. An arrogant Modi is not acceptable to the BJP itself within the party, forget the alliance partners.

Furthermore, the argument that the single largest party keeping out of government is a fundamental insult to the democracy is a misplaced conviction. This also challenges the fundamental tenets of democracy which has never been able to representational character world over. Added to this, the history of Indian democracy shows how the Congress has itself opted out of the government twice despite of emerging as the single largest party.

In the general election of 1989 the Congress won 197 seats, well ahead of the (then united) Janata Dal, which won 143 seats and BJP 85 seats with the Left Front getting 52 seats. V P Singh then became the Prime Minister not by playing on the fears of both the BJP and the Left Front, as TVR Shenoy would like us to believe, but because the Congress read the writing of an unstable government on the wall and strategically played it smart to bounce back to power within 15 months.

History repeated itself again in 1996 when the single largest party in the eleventh Lok Sabha was the BJP, with 161 seats. The Congress was second, having won 140 seats. But while the BJP remained untouchable to forge an alliance for the government, Congress played the trump card by roping in the Prime Minister of India to a man from a party with just 46 seats, the Janata Dal. True to the expectations of the Congress, the eleventh Lok Sabha lasted just over eighteen months before it was dissolved.

Coming to the next Lok Sabha elections, whether 2014 or 2013 itself, while the BJP is struggling to cope up with the leadership changes where the party stalwarts themselves are up against the so-called polarising figure in Modi, the BJP is slowly but surely losing grip on its core constituency and the states that it rules. If Karnataka was a big blow to them, coming assembly elections in Madhya Pradesh and Chhattisgarh are poised to be the beginning of the end of the BJP era that Vajpayee heralded 1996 onwards.

Moreover, no leader in any political party has ever been able to emerge as the national leader who does not come from the Hindi heartland, and Modi is no exception. Even Morarji Desai could not challenge this reality of Indian politics. Modi’s mindless PR of having saved 15,000 Gujaratis in Uttarakhand calamity in a single day has already proved that the rumour machinery that he so successfully managed in Gujarat does not have a national charisma. Added to this, the criminal cases related with Godhra and fake encounters looming large over his fortunes would be a great dampener for the BJP on the eve of general elections.

The short sighted parent organisation that the RSS is, it is also not helping the cause of the BJP. The saffron brigade that only recently glorified the so-called transparency movement of Anna Hazare assuming that such a rumour and road-side publicity stunt would defame the Congress and mobilise votes for them has already boomeranged on the BJP. Now Kejriwal may not be in a position to win any elections for his party but will surely eat into the anti-incumbency votes that would have otherwise gone to the BJP. Needless to say, the conventional wisdom of electoral politics suggests that such Index of Opposition Diversity is going to help the Congress in a big way.   

Moreover, the Congress that is the most strategic in governance and electoral politics has already started working on Plan A and Plan B. Remember it was not the BJP but the Congress that started Modi’s name dropping as a strategic ploy to play with the mind of the BJP. The realisation that the next Lok Sabha elections would be purely on national issues made them add fuel to the fire of so-called polarisation. And now it is going to be secular versus communal forces where even the regional parties are forced to take sides.

As a result, BJP’s first casualty has been Bihar Government of Nitish Kumar who is up to the sleeves of the Congress as Plan B. And since BJP is increasingly losing ground in each of the states, this game plan has viability as well. In case Congress fails to form its own government, something like the 1989 or 1996 scenario, it will extend outside support to the Third Front. Mr Shenoy’s remark on Third Front alliance of Nitish Kumar, Mamata Banerjee, Navin Patnaik as East India Company is a racist statement in my opinion.

Such right wing political advocacy only makes the ideologue lose his credibility and lose his political spectrum as well in the long run. In the BJP right from Govindacharya to Swapan Dasgupta there is a long list of ideologues who floated heroic theories of BJP Government at the Centre only to be sidelined in course of its inherent failure. It is not the political advocacy that leads to the government formation but the ground realities that are at odds against the BJP. I can just wish Mr TVR Shenoy all the best…    

The idea of Track2Infra-I

September 28, 2012

Infrastructure is not just a fancy term for growth and development but undoubtedly the lifeline of modern economy. Can we imagine life today without the key infrastructure components like Roads & Bridges, Power, Oil & Gas, Telecom, Aviation, Ports & Shipping or Railways? And if not, then let us collectively look forward to see how these key infrastructure elements, that is our life line today, can be developed for further growth and development.

There is no bigger news than infrastructure in India today. Beyond the Vision 20:20 at the policy level, lies the fact that the Indian growth story that the world is looking forward to with great anticipation cannot be achieved without infrastructure growth in this part of the world. No wonder, infrastructure had never been under so much of public scrutiny and hence there is a need to track the real growth, bottlenecks, challenges, issues and concerns.

When we wanted to take our success of narrowcast media venture with Track2Realty to the next level, it was quite obvious that urban development and overall Indian infrastructure was our next milestone. After all, infrastructure is the defining point for India to transform from a developing nation to developed nation. The collective consciousness is also getting aspirational on the need of better infrastructure. Thus, as a responsible media group it is also our responsibility to shape the public psyche at large.

The Indian media, by and large, has often failed to focus as much on the infrastructure sector as it is needed. This vacuum demands an infrastructure think-tank platform, something that doesn’t mind going against the collective consciousness if it is not shaped by ground reality. This is where Track2Infra aims to position itself as a news platform with a clear focus on identifying the infrastructure, its policies, plan, agenda, roadblocks and challenges. Our focus will be more on channelizing the public perception for taking it up with the power centre, at times even through overt policy advocacy.

Advocacy and activism will be very much part of Track2Infra, and we may be rubbing the government and leading players in the sector the wrong way on occasion more than one. But then the team of Track2Media that has been behind conceptualizing the news project believes that the real journalism is not about asking the sweet questions, getting the sweet answers and filing the sweet copies. We are coming in the fray with a serious approach and intent to be whistle blowers as well.

…….to be continued

Facebook outlet of personality disorder or releasing bottled up emotions

April 09, 2012

A critic of social networking sites like Facebook, for all these years I had my reasons to feel it is bringing the evil side of human behavioural disorder. Uncontrolled nature of the medium often incites people to use the virtual world as a punching bag, something that many of us need in the real world to vent out anger and frustration. As a result, I often come across cuss words, half-baked perspective and ignorant rant that can spoil the taste of any decent society. More often than not I end up meeting fake faces with a holier-than-thou persona where pseudo identity gets exposed immediately after a meet up in real world. 

No wonder, my initial euphoria of networking with old forgotten acquaintances and newly found like-minded people soon turned out to be taste spoiler. It is not that I stopped adding more friends; rather it remained an on-going process in order to understand the behavioural disorder of the society at large from a psychological perspective. Of course, in this social networking spree, many exposed and not-up-to-the-class crowd got deleted and blocked on a regular basis. Nevertheless I carried on with the necessary evil in social media, though with a critical approach.

However, the writer in me and more importantly the critic in me often had this introspection about the cost-benefit factor of social networking.  After all, sharing of literary taste and socio-political concerns was less and internet hooliganism was more on offer. Every other comment seemed to be coming out of a fit of rage. A subdued society that India has been, there has suddenly been a rush for activism and often “rebel without a cause” in the virtual world. 

Added to the fact, I also found the other side of what I call misguided personality where people seemed to be exploring what they are surely of incapable of achieving in real life. Most conspicuous has been the quest for a political career by viciously abusing the governments and the powers-to-be. Many of such people seem to genuinely believe that it is a platform for transformation and social change.

All this left a very basic question that whether Facebook was proving to be an agent of lawless society. How to deal with an outlet of personality disorder? Whether there is a psychological side of the medium that needed to be thoroughly researched? Whether Facebook is making everyone a communicator for all the wrong reasons? What are the long terms social benefits and imbalances of the virtual world?

However, what made me question my own conviction now, if not change it completely, is some personal experiences where I was introspecting whether my own outburst on the Facebook was in sync with my belief and ideology. Of late, Facebook by default proved to be my alter ego as well where my subconscious mind was driving me to vent out my anger and frustration. But the critic in me was constantly questioning whether this impulsive urge to update my state of mind so bluntly could have been avoided? 

Going through some crisis in life when I needed an avenue to vent my anger, with nobody around, Facebook was there. Of course, my frustration and anger never defied my intellect or literary taste. But then, I ended up doing something of which I have been critic over the years. So, now I have come to realise that in the fast lane of loneliness that the life in a metro offers, Facebook and many other virtual-social platforms are also acting like stress busters. 

In an honest observation, I had bottled up emotion for months that was asking to be released. And before I could regain my intellectual self, the anger, frustration and depression in me got an outlet with Facebook updates. And I must admit here that this release of bottled up emotion had its therapeutic effect as well. Have I ended up doing the same of which I had been a bitter critic? 

I am trying to delve much deeper to understand this dichotomy of social media and shaping up of personality. Hopefully, I come out with some more conclusive results. If not, at least I have initiated a debate which many psychologists would love to discuss—whether Facebook is an outlet for personality disorders or releasing bottled up emotions. Well, till the time more conclusive results are found, Facebook seems to continue as an alter ego for many like me. 

Track2Realty releases India's 1st real estate handbook handbook--Focus 2012

Dec 19, 2011

Track2Realty, the e newspaper on Indian real estate has launched India’s first real estate yearly handbook, Focus 2012. The handbook aims to cater to all the stake holders of the sector—developers, investors and end-users. The focus of the handbook is on the emerging market scenario of the sector where many of the industry’s leading names have contributed as the knowledge partners.
 

There are various section of the handbook with areas ranging from Outlook to the finance and investment opportunities in the year ahead. It was released at the India Habitat Centre by the representatives of the sector, including NAREDCO, RICS and KPMG.
 

Track2Realty, which is planning its webcasting channel on realty sector, had a Live webcast of the release of Focus 2012 as a test run to the upcoming channel. The realty channel is expected to take off in April 2012.

Track2Realty boycotts Jones Lang LaSalle for breach of trust

December 3, 2011

 

In the wake of the unprofessional and unethical behavior of the real estate consultancy Jones Lang LaSalle India (JLLI), the editorial team of Track2Realty has taken a decision to boycott the firm for a month starting Monday, December 5. During this period Dec 5, 2011-Jan 5, 2012, none of the inputs, column, analysis, reports of JLLI would be used by the editorial team of Track2Realty for the news site, feature service or any other editorial service/facilitation.
 

The strong stand by Track2Realty comes in the wake of the JLLI team resorting to unprofessional and unethical practice that has been implied to sabotage the yearly handbook Focus 2012. The JLLI team has not only duped Track2Realty by dishonouring the professional commitment, but has even refused to admit its mistake. Though this makes it a fit case for a legal action, but a boycott and subsequent expose is the symbolic protest as unanimously decided by the team Track2Realty.
 

Jones Lang LaSalle India, despite of its written promise over mail for an exclusive column to the yearly handbook, Track2Realty Focus 2012, sent the same column to all the journalists across the country. JLLI’s Assistant Marketing Manager Arun Chitnis (known for his bad blood with very many journalists writing on realty sector) shamelessly justified the act, despite of being reminded about the written commitment on their part.
 

It is all the more surprising that such a professional mess has happened despite the JLLI Chairman and Country Head, Anuj Puri being conveyed about the need for an exclusive column by Track2Realty. This has been a fact that had been acknowledged and agreed by Shajai Jacob in their Gurgaon office as well. Now that the edition is in print, this breach of trust has left the editorial team shocked, and with no choice. It is not just a breach of trust, but even a conspiracy (at the behest of any competing media) can not be ruled out.
 

Irony is that the real estate consultants in general crib about the lack of unprofessional behavior in the sector. Often crying for reforms and asking the developers to be transparent and fair with the buyers, they often fail to understand that they also need to behave in a responsible manner and be transparent, fair and true to their commitment in the professional domain.
 

A series on realty consultants’ business model and functioning in India under the banner “Consultancy for whom and at what cost” is being planned by Track2Realty. After all, this business has thus far thrived on media support as well, with journalists often taking them at the face value of being ethical. The research team is taking inputs from some of the realty companies and the idea is to expose those who often take a “holier than thou” moral stand and preach what they themselves never practice.