Land Acquisition Ordinance fails to address larger concerns

By: Ravi Sinha

Not that Hitender Tyagi of Noida was a prosperous landlord, yet he felt like the one with his small piece of 12 acre of agricultural land. Today this ailing farmer feels like a pauper who as forced to do away with his source of bread and butter as his land was forcibly acquired by he Noida Authority. The compensation was too meagre to give him any long-term financial security. With no other option of future livelihood this 58-year-old man soon realised that he is too old for any other job. As a result, the compensation money was soon spent and the family went broke.

“My son bought a car with the compensation given to me and is now working as a driver. My daughter-in-law works as a domestic help in the nearby apartment where till yesterday I had my right over the land. It makes me cry my heart out but I am not alone to suffer this kind of cruel injustice by the government. Now when I am told about the new law coming that can make any farmer lose his right over the land as and when rich people want it and the government being a party to it, I feel a collective suicide is better for us than to see our children working as servants on our very own land,” says a dejected Tyagi. 

 

Contentious issue

Land acquisition in India has always been a contentious issue and the urban planners for long were calling for a need to amend the Land Acquisition Act of 1894. Following some violent protests and legal logjam post the land acquisition in many parts of the country, the government in 2007 and 2011 tried to address the issue but could finally came up with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act in 2013 that laid down the process for land acquisition that removed the urgency clause on part of the State and prescribed Social Impact Assessment Survey, Preliminary Notification stating the Intent for Acquisition, a Declaration of Acquisition and Compensation to be Given by a Certain Time. All acquisitions required rehabilitation and resettlement to be provided to the people affected by the acquisition.   

However, the industry in general and real estate in particular termed the 2o013 Act unreasonable that could make land acquisition a very cumbersome process for the industry. The grouse was that it was proving to be a major bottleneck for reviving infrastructure development and green field investment.

The BJP Government in December, 2014 hence amended Section 10(A) of the Act to expand sectors where assessment and consent was not required. For five sectors, the consent clause was removed. Now the government or the private developers no longer needed mandatory consent of 80 per cent of land owners for acquiring land in those five sectors. The mandatory ‘Consent’ clause and ‘Social Impact Assessment’ was not to be applicable if the land was acquired for national security, defence, rural infrastructure including electrification, industrial corridors and affordable housing including PPP where ownership of land continues to be vested with the government.    

Industry welcomes amendments

As expected, the industry and real estate sector cheered the new provisions. Analysts within the built environment even expressed that the dream of ‘Make in India’ could become reality only with enabling provisions for industrial corridors and defence purposes. The sector even welcomed the Ordinance ‘way to go’ for the feasibility of government’s ambitious plan of ‘Housing for All by 2022’. There was a general feeling that exempting industrial corridors from the consent clause would boost the commercial activity as well along such corridors.

Anshuman Magazine, CMD of CBRE South Asia maintains that the amendments will have a positive impact on the infrastructure and real estate sector. Feeling hopeful of the new norms to ease off the inordinate delays seen so far in the land acquisition process for large scale infrastructure and affordable housing projects, he says the infra industry, in particular, is expected to gain much from these new changes, as will housing for the poor.

“I hope this is just the first steps in amending the Land Acquisition Act, as much more amendments are required to ease land acquisition procedures in India. It could perhaps bring in more segments of organised real estate within the ambit of such faster processing norms, which would be beneficial for construction activity across the country,” says Magazine.

Niranjan Hiranandani, CMD, Hiranandani Group says the Indian Government has taken a welcome step on the issue of land acquisition norms, having approved certain amendments in the land acquisition. These seek to fast-track the purchase process of land, while bringing more projects under the provisions of rehabilitation and compensation of land owners.

“While the amendment has the potential to give a boost to affordable housing, it will also facilitate a scenario where infrastructure projects will be fast-tracked. For ‘Affordable Housing’ to become a reality, it will need time bound land acquisition and creation of infrastructure, which the amendment will facilitate. What is most important is that the amendment does not impact the compensation to farmers, while it ensures time-bound acquisition, it remains ‘Socially Correct’ while also being ‘Business Friendly’,” says Niranjan Hiranandani.

Welcoming the Ordinance Rohit Raj Modi, President, CREDAI NCR says it is expected to boost much needed infrastructure development and housing construction in the country. This shows a serious commitment from the government towards bolstering economic reforms.

“The likely changes in the Act that includes removal of consent clause for land acquisition for affordable housing, rural infrastructure and industrial corridors would prove to be a game changer. The Act is likely to benefit affordable housing segment the most and would help achieve the government’s ambitious plan of ‘Housing for all by 2022’”, says Modi

Home buyers not impressed

Such optimism of the real estate developers, however, fails to impress the home buyers either who feel the free-for-all land acquisition law would only help the developers. Sandeep Acharya, a home buyer from New Chandigarh points out that the government may be giving a feeler that more compensation & rehabilitation offered to the farmers would escalate the home prices, it is not well founded. He reminds how in several cases the financial burden on the developers post the additional compensation to farmers due to judicial intervention was nullified with extra FSI/FAR granted to the developers.

“Even when the developers were given extra FSI/FAR to compensate their business profitability after the court order to grant additional money to the farmers, the developers still raised the cost of the flat. I feel this fair justice and compensation to farmers is an alibi not for the home buyers’ interests but to safeguard the interests of the big industries who want cheap land,” says Acharya.

  

As per rough estimates, restrictions on buying land are among the barriers holding up projects worth almost US$ 300 billion in various sectors. However, before the issue of whether the amendment and the Ordinance would kick-start hundreds of billions of dollars in stalled projects could be answered, the government found itself in tough waters as there is a growing discontent across the country over the ordinance and the debate has spilled over from Parliament to the streets with various political parties, pressure groups, farmers and activists taking to streets against what they call a draconian law to snatch the farmers’ land.

Under pressure from opposition, civil society and even within the ruling alliance, the government is now giving feelers that it is ready to consider suggestions on the Land Acquisition Bill, but there hardly seems to be any consensus emerging to address the issue with the consent of all the stake holders, including the farmers, industries, developers, socio-political groups and home buyers.

Major differences between 2013 Act & 2014 Ordinance

1.  Exclusion of SIA in RFCTLARR Act: As per the 2013 Act Social Impact Assessment (SIA) was part of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement but the new law does not make SIA mandatory.  

2.   Removal of consent clause in five areas: The Ordinance removes the consent clause for acquiring land for five areas - industrial corridors, public private partnership projects, rural infrastructure, affordable housing and defence. Nearly all government acquisitions happen under these 5 clauses.

3.   Irrigated multi-cropped land: Now there is no limit to acquire irrigated multi-cropped land and other agricultural land, which earlier could not be acquired beyond a certain limit.

4.   Return of unutilised land: As per the Act 2013, if the land remains unutilised for five years, then it needs to be returned to the owner. But according to the Ordinance the period after which unutilised land needs to be returned will be five years, or any period specified at the time of setting up the project, whichever is later.

5.  Word 'private company' replaced with 'private entity': While the Act 2013 says that the land can be acquired for private companies, the Ordinance replaced it with private entity. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non-profit organisation, or other entity under any other law.

6.  Offence by government officials: As per the Ordinance if an offence is committed by a government official or the head of the department, then one cannot be prosecuted without the prior sanction of the government.

Ends…

A chargesheet against Arvind Kejriwal

By: Ravi Sinha

Let me admit. I am a hater of Arvind Kejriwal right from the day he started his holier-than-thou publicity stunt. I have been absolutely clear that he does not deserve a prominent political role in a democratically immature India, forget about being a policy maker. I want and wish his Abusing & Accusing Party (AAP) to be defeated and decimated. Emerging from a motley crowd of disgruntled power seekers to organising a cadre of over ambitious group who are conscious of their existing reality to not get inroads into any mainstream political system, Kejriwal has only played with the emotions of the poor Indians.

I am not saying that other political parties have not been guilty of wrong doings that Kejriwal is repeating. Yes, all the established political parties have made mistakes; more the number of years in power, more the list of mistakes. But a man who called everyone a thief & corrupt and took higher pedestal of morality in the public life has to offer something new and different than those whom he abuses and accuses. Kejriwal lacks the grace of constructive politics and the maturity of a civilised democracy.

The only weapon of Kejriwal has thus far been finding fault in others without either himself being different or offering a better and viable solution. Two wrongs never make a right Mr. Kejriwal. You may have come in the political scenario through your unconventional ways & means but then you have fallen into the very same power-hungry politics that you claimed to change. So far, you have not brought any change but have definitely vitiated the investment climate of the country. Are you not aware Mr self-styled honest man that no foreign investor wants to invest in a country where civilised democracy is relegated into mobocracy and kangaroo court of justice?  

While I write this opinion, I am conscious of the fact that a section of media with left so-called intellectuals are trying to portray you as a hero and next Chief Minister of Delhi, yet I am writing for the voters of Delhi. I am also conscious of the fact that your trademark ‘Dharna’ politics is completely obsolete now and hence you are trying your level best to reinvent yourself to remain relevant in the Indian politics. I still feel that the Delhi voters are mature enough to show you the middle finger.  

I have not one or two but many reasons to hate you and wish you are defeated and decimated:

1.   You don’t have a long-term sustainable agenda other than populist gimmicks that you played in your 49 days of misrule and mismanagement. The element of novelty is most welcome in the Indian politics but definitely not the element of unpredictability. Since you don’t have an ideology (corruption-free society is a wishful ideal and not ideology) you have shifted gears many times on many issues in such a short span of time. Emerging out of RSS backed Anna movement you now project yourself as secular only to befool the minorities and the left. Do you have an ideology Mr Kejriwal?

2.  You talk about decentralisation of power and removal of high command culture. Sadly, there is no room for dissent with you in your own party, forget inner party democracy; reasons why you are increasingly losing your lieutenants.

3.  You say you are not corrupt but let me remind you that corruption breeds out of desire and quest; something that is part of your personality now. Even after losing power in 49 days in Dehli, you continued to live in the official Government House. Now if I go by your logic of daughter’s education and party members paying for it, then all the corrupt leaders make money for their sons & daughters only. By your unethical and immoral standards Manmohan Singh should not have vacated 7 RCR as Congress has got enough money to pay for it. Right Mr Kejriwal? It would have been interesting to see Narendra Modi sitting over Dharna to get the official PM’s house then.

4.  If you are not found of sycophancy then what is the criterion of giving party ticket to your candidates? Have you made it public? That is pure politics Mr Kejriwal and while I hate you for playing with the emotions of gullible Indians I must congratulate you for learning the tricks of Indian politics faster than even the seasoned politicians.

5.  Asking for enquiry, SIT and then changing the demand to immediately prosecute the man whom you find wrong is your way of justice. Did you follow the same principles of ethical politics when your own Law Minister was exposed to be running porn websites? No! You just asked him, got convinced by his explanations and gave him a clean chit. But for others?

6. Based on the complaints of your party workers and sympathisers you throw established law procedures to the dustbin and ask foreign women to be charged with prostitution. Your party workers ask these women to urinate in public. How come you became so shameless in the Indian politics in such a short period Mr Kejriwal? Will the verdict on the character of a woman be out based on the allegation of neighbours? Tomorrow such Kangaroo justice can lead to character assassination of your own young daughter as well.

7.    Why do you endorse Khap Panchayat Mr Kejriwal? Why do you talk duality—women safety in Delhi and Khap in Haryana? Is your ideology all about electoral gains? How are you different from other vested interests then?

8.  At the time of quitting the Delhi Government you abused Indian Republic Day function and then shamelessly enjoyed the function, that too not among the “Aam Aadmi” whom you claim to represent but among the VIPs. Why this double standard and hypocrisy Mr Kejriwal?

9.   Do you feel that ways are not as important as means? If no, then to what extent can you stoop low for the lust of power? If yes, then why do you ask voters to accept cash from other parties and then vote for you? Can you ensure clean politics on the backing of corrupt voters?

10. When you say you want to get the country rid of identity politics, then why do you resort to the same identity politics? It is not just about giving party ticket to a journalist whom you find capable of ensuring Sikh votes for his misconduct as a journalist, but you have gone to the low level politics of calling yourself “Baniya” for the votes.

11. Who has authorised you to call everyone coming in the way of your political ambition as corrupt? Are you running an investigative agency Mr kejriwal? On what basis you cherry pick who is corrupt and who is not? Who has authorised you to abuse and accuse opponents?  

12. You have talked about a number of solutions to Delhi’s problems if elected to power. Can you elaborate Mr Kejriwal from where will you generate the funds when Delhi, which is not a full State, will not get enough funds from Modi-ruled Centre? Will you sit on dharna every now and then for media to orchestrate Delhi as a fool’s paradise for the world?

13. Do you feel ashamed of any of your plain lies being exposed Mr Kejriwal? You claimed Amnesty International endorsed that corruption had reduced in Delhi in your 49 days of misrule but Amnesty denied having any such report. Have you begged to the people of Delhi for this misleading statement?  

I know this country is full of emotional fools who look for divine figure in politics. May be some of them find Arvind Kejriwal as a cult figure. Many of them may even have issues with some of the arguments put forward by me. But this is my humble attempt to make the voters think. The cost of Kejriwal Government in Delhi is too high; a progressive State like Delhi may go to dogs and see the fate of Kolkata. So, think voters think! Don’t get swayed by the sugar coated political campaigning alone. Ultimately you will repent and pay the price.

Challenges beyond the euphoria of stable government

By: Ravi Sinha

Stable government has been the buzz word in India for quite some time; it has actually been one of the focal points of General Elections of 2014. In India since 1984 no government at centre could take charge of the office without the added baggage of unlike minded friends as alliance partners. The rise and growth of regional aspirations and emergence of regional power centres, however, has always been blamed in the academic circles as bad economics and governance since pulls and pressures of conflicting interests had brought the governance at standstill on many occasions. Just at a time when the country seemed to be destined to policy paralysis, the electoral verdict of 2014 has changed the dynamics of governance altogether.

A clear and decisive mandate to the NDA Government at centre clearly suggests that the days of coalition compulsions are over. While the political pundits are deliberating over the cost-benefit analysis of too powerful a government with toothless opposition and weakening regional forces, India’s business community has finally got what it has been looking for: a stable government with business friendly face as the Prime Minister of India. However, with the obvious sky high expectations the challenges for the new government at office is not that easy. And it is not just the business captains of the country; rather even the young first-time voters who turned out in record numbers to cast votes are equally restless to see the tangible results too soon.

What can the government do to make sure the perception of policy paralysis changes? Of course, the only answer to this is the measures that the new government can take to revive the economy. Once the economy is on a growth curve, many other pending issues will naturally be on the back seat with collective consciousness backing the growth story of the country. Hence, the new government has some real challenges to deal with beyond the euphoria of a stable government at the helm of affairs.

A turnaround of the economic wheel is, however, not easy as the current account deficit clearly suggests there is no room for any largesse on part of the government; rather subsidies and other beneficiary measures have to be curbed in the short term. What affects the most to the average Indians, interest rate, can also not be cut till the time inflation is not curbed. It is a catch 22 of Indian economy and a balancing act is something that will be the first acid test of the government.

So, the first task that is cut out for the Narendra Modi Government is to control the inflation that has been the prime reason why they have been given the mandate. This can be quite a challenge, if the forthcoming Monsoon does not play as sportingly as the voters for the Modi Government. After all, India’s economy is still dictated by the monsoon fortunes. Naina Lal Kidwai, CEO, HSBC India has a suggestion for the government when she says, “The government should, on a priority basis, restart the investment cycle. It should free the land, labour and capital markets from their rigidities; make fiscal prudence the cornerstone of its functioning; evolve a plan for mitigating food inflation. On the social side, it should look at areas like health, environment and education.”

However, framing a roadmap for fiscal consolidation is easier said than done; it has its own challenges. The government will have no option but to constantly increase the fuel prices to completely eliminate subsidy and that is something which may not go down well with the voters who have high expectation of government’s largesse. Use of direct transfer of cash for subsidies is one of the many measures to help check the public anger, but then such attempts in the past have been met with quite resistance by various sections, including the party that is now in power. Deepak Parekh, Chairman, HDFC has a word of caution in his wish list when he says, “The economic agenda is huge. What is needed is simplification. In the World Bank ranking on ease of doing business we are right at the bottom. I think the name of the game should be to make it simpler for people to invest.”

Though the government seems to be determined to improve business environment by easing laws and policies, it is not something that can be achieved in a short span of time. As a matter of fact, a long term strategy is needed to see tangible results after easing the FDI norms and time-bound clearances of projects. After all, a poor business environment has deterred the investment in India, of late, which is the biggest reason of decline in growth. Add to it, corruption and leakage in the system at every level and the new government has a challenge in hand to deal with.

There is no denying that long-pending reforms such as GST and DTC need to be implemented at the earliest. There is also a need to expedite the liberalisation of FDI regime. The India Inc is by and large optimistic that with a strong mandate, the new government will do well and will implement economic policies that benefit people and industry.

Rahul Gaur, CMD of Brys Group has a caveat here when he urges the new government to ease credit flow to industry and infrastructure. According to him, at a time when the government does not have financial surplus and the nation is struggling to manage with the shortages, the core focus should be to identify the execution capability to execute the large infra projects. For that the government should better create an atmosphere where private players have access to long term funds.

“The policies of the government have to be clear on the lending norms and the government should target steps to boost lending to infrastructure sector. Housing and infrastructure can revitalise the economy, create more jobs and bring overall change in the outlook to the economy. I do understand the reluctance of banks to fund infrastructure due to asset liability mismatch but then better infrastructure is the only way to help the country grow at above 8% GDP. I feel the time has come for the government to roll out clearly defined measures for ease of credit flow,” says Gaur. 

Analysts have often pointed out that one of the key areas where India could have reaped its demographic dividend is the manufacturing sector; something that China has already done in the last over two decades. The new government must take pro-active steps to encourage local manufacturing and for that it should give fast track clearances to stalled manufacturing projects; re-look the SEZ policy which have thus far proved to be detrimental and also the government can put the Delhi-Mumbai Industrial Corridor on a fast forward execution.

Many economists believe instead of pro-poor policies like NAREGA, streamlining the manufacturing is a better way to bring the poor into economic mainstream and also lessen India’s dependence on the agriculture. However, all these measures may sound to be very easily achievable, yet it needs time and concerted efforts to achieve. That could not be achieved in the last few years due to the compulsions of coalition politics. The challenge of governance is no doubt beyond the euphoria of a stable government.  

Will Varanasi bless or curse Lord Shiva’s political incarnation?

Battle ground Varanasi 

By: Ravi Sinha

March 23, 2014

The holy river Ganges flows quietly, unmindful of the fact that on its bank Varanasi has suddenly become the epicentre of political tremors. It is early morning of March third week but the weather is still cold; not so the climate otherwise where elections have made the ambience and political temperature of the city too ‘hot’. The early morning chill in the weather does not deter the God fearing Hindus to take a dip or two in the holy river. However, it is not the sin washing in the river that is the topic of debate today in this part of the world. It is the apprehension of more sins being committed during elections that has made India’s spiritual capital nervous; even though a section of the residents are enthusiastic with the prospect of a Prime Minister representing the Lok Sabha constituency of Varanasi for the first time.

The sin washing city has nevertheless got a date with electoral sins and siyasat. The way Lok Sabha polls are turning into personal glorification, holier-than-thou rhetoric and mudslinging in this temple town, it can be vouchsafed that Varanasi is poised to witness electoral sins this time and the possibility of candidates’ confrontation and violence can not be ruled out. The city that dawns the day with ‘Har Har Mahadev’ (Hail Lord Shiva) is today chanting ‘Har Har Modi’ (Hail Modi as PM), much to the discomfort of the sadhus and priests in the city.

Varanasi has changed over the years, earlier known as Kashi and Banaras; in the process of this name change it seems there has been a remarkable image makeover as well. It is no more just a temple town known for shradh and tarpan; nor is it known for its red light areas, known as kothas and the mujra. The old classic charm of Banarasi Saree has also lost its sheen over the years. The pace of cosmopolitan culture has been slow but sure, changing the outlook of the urban landscape to a large extent. The big question in front of the residents of the city today is whether Varanasi will change forever.

More important for Varanasi is the question as to whether it will get benefitted by the prospects of a Prime Minister representing the constituency? Or will the city just be of symbolic importance and the only compensation for the city would be long lasting politics of hatred? After all, Varanasi has moved ahead of the Ram Mandir movement days when the communal divide coming out of the neighbouring Ayodhya had engulfed the city. Again it took the city years to get back to normalcy when the students took to streets violently post the implementation of Mandal Commission recommendations where the Banaras Hindu University (BHU) was one of the key centres of caste divide.    

The scars of those gory days can still be traced and despite of years of moving ahead the city still goes to polls by and large divided over the caste lines. I met a number of people with deep roots in the city and its social & cultural fabric to understand the pulse and political mood of the holy city. I asked them will a new challenger in the ring bring the city into global spotlight. After all, many of the journalists representing international media are equally curious to know that. This mad rush to Varanasi by media, supporters of Modi and Kejriwal has led to scarcity of hotel rooms in the city.

With the help of a local journalist friend I could somehow settle in a guest house. Obviously, my probe of the city’s political temperament started from there only. “Beta ye Kejriwal toh aam aadmi nahin ganda aadmi hai. Bhagvaan hamare Banaras ko dharna pradarshan se bachaye (Son, this kejriwal is a filthy guy. May God save our city from protests and hooliganism),” says Vibha Devi, about 70-years-old caretaker of the guest house who has spent her lifetime in the city. Even otherwise, the residents of the city are least bothered with who is being projected by the media and who is getting demolished by soundbite hungry journalists.

Rakesh Sharma is a local Brahmin with half of the family into the business of temple maintenance & priesthood and the rest into selling sweets. Who is his choice as the Member of Parliament from the city? “Frankly speaking, no one,” says a dejected Sharma, maintaining that his first choice is and will always be with the BJP’s Murli Manohar Joshi. “Modi has betrayed our trust in the saffron party, yet will see if any other candidate is not in a position to win then will vote for Modi only. It is irony of Banaras that we are being used for political gains,” he says. Why not a radical newcomer in Kejriwal who champions for clean politics? A dismissive Sharma’s face says it all. “He also champions for anarchy and lawlessness which is not good for the business community,” says Mannu Garg, a local shopkeeper who believes this guy is just a media time pass. He also makes it clear that the major share of Brahman-Baniya votes has historically gone to the same candidate.

However, it is not that Kejriwal’s self righteousness has no takers in the city. As a matter of fact, Garg’s outburst so openly led to minor scuffle by a few youths who, realising there is a journalist around, immediately brought out their “Aam Aadmi” caps and started shouting slogans in their trademark hooligan style and spirit. They are the backbone of a well orchestrated campaign of the debutant Aam Aadmi Party. Already the cyber cafes are doing a brisk business in the temple city as youths throng over these places to get connected over the social networking platforms.

On a closer look, however, the youth support is more of a fizz than substance. What seems to be working against Kejriwal is the same youth support, or rather lack of it, in terms of organised cadre. The students of BHU, IIT and medical colleges are not as enthusiastic in the city as in some other urban centres across India. Part of the blame goes to the disenchantment with Kejriwal’s mishandling of power in Delhi and partly because they endorse Modi as the Prime Minister.

“Why are you media guys that much interested in Kejriwal? Remember if he loses, he will blame it on to you journalists only,” says a sarcastic IIT student. Another BHU student points out that there is more than what meets the eyes as far as AAP campaign is concerned. For example, points out this student, the guy chanting Kejriwal’s “Abhi toh Shiela haari hai, Ab Modi ki baari hai” (Shiela Dixit has lost and now it is Modi’s turn) is actually a paid volunteer who was an activist for the BJP in the last Assembly polls.  

Even if the youths and first time voters go for Kejriwal the relevant question is whether the youths are enough to make someone win elections. And it is here that a new twist to the story comes. It is about the participation of women in the polls. Till now they have voted on the lines of what the men folk in their families have instructed for. Will it change this time? Will the women of Varanasi take a leaf out of Delhi women? If yes, then for whom? These are the questions that can upset the electoral calculations completely. Politics, after all, is a game of improbability.

What do the women in the city think of? “Modi ji ki jaroorat hai kyunki mehangai bahut badh gayi hai (Modi is needed as inflation is a real issue),” says Anjana Mathur, a house wife. This may just be a mere perception of a woman who hardly understands the intricacies of economics; nor does she know what drives inflation or what tames it. But then Varanasi, like the rest of the nation, goes to cast votes driven largely by perception. Question Gujarat’s developmental model with statistics and even the diehard NaMo fan has no answer.

But then Modi’s projection as political Lord Shiva has not gone down well in the temple town. And it is not just the saints and a section of Brahmins who find that the Lord Shiva’s mantle to Modi is in bad taste, but this undercurrent has many takers across the constituency of Varanasi. Requesting anonymity a Hindi lecturer of Banaras Hindu University admits that the undercurrent may prove to be the worst strategic move for the BJP. Also, too early declaration of Modi’s candidature has given the city enough time for a cost & benefit analysis, while opposition got the time to sharpen its attack on both development and communal card of Modi.

I asked some of the doctors and other educated people over their coming out openly in favour of the Kejriwal’s AAP. No one would like to admit openly but the answer, like in most parts of the urban India, seems to be quite simple. They know that it is next to impossible to get party tickets from the established political parties and hence vying for their share of the cake that they feel can be baked. That incidentally also dents into the vote share of the established political parties; in today’s context more of BJP’s vote share, because this urban educated middle class has otherwise been a BJP vote bank. AAP supporters maintain that the momentum for Kejriwal is yet to shape up and it is their trademark door-to-door campaigning close to the voting that will actually shape the course of polarisation.

It is not that BJP is not conscious of this biggest possible face loss. Arvind Kejriwal definitely does not appear like Amitabh Bachchan defeating HN Bahuguna in the neighbouring city of Allahabad in 1984, nor is there a backing of any Rajiv Gandhi to Kejriwal; at least the Congress is not going to back Kejriwal openly even though some tacit understanding is being whispered in the temple town nowadays. I spoke to the local unit of the BJP office in Gulab Bagh where many of the volunteers admitted that to merge river Ganges and Sabarmati in terms of political direction is a challenge. “To say that it is a walkover for Modi would amount to insulting our volunteers’ hard work,” admitted a party functionary requesting anonymity.  

Another challenge for the Modi is to counter the perception that he may desert the constituency after winning the elections. However, the dominant feeling in the temple city is narrated by this boatman Ganesh who says, “Varanasi has got the historic opportunity to elect the Prime Minister, and not just a Member of Parliament.” What seems to be working in favour of Modi is the strategic marriage of Hindutva, Social Engineering, Development and Division of Secular Votes.

“Is Congress out of the race,” I asked this to an office goer who belongs to Thakur (Rajput) community. “What makes you think so? Media can not make or break the fortunes of the candidates, not at least in Banaras,” says this gentleman. With last Lok Sabha polls being closely contested despite of the constituency being a Murli Manohar Joshi’s stronghold, he believes it is going to be a four-cornered contest between the BJP, Qaumi Ekta Dal’s Mukhtar Ansari, the BSP and the Congress. The only party that has lost the ground substantially with the face loss is the Samajwadi Party despite being in power in the State.

The role of the debutant in Kejriwal can not be denied but all his calculations are based on who eats into whose vote share. By and large Kejriwal is banking on wishful and fancy thoughts of a miracle. The division of secular votes is only going to benefit the BJP, unless there is a substantial erosion of urban educated middle class votes. Even in such a scenario, Kejriwal can get an edge only if this vote share swings in his favour, added with the consolidation of secular votes en masse for his style of politics.

The local journalists maintain that Kejriwal’s game plan is based on very many ‘ifs’ and ‘buts’ and even one loose end is enough for him to bite the dust. In terms of caste equations, erosion of vote share is only going to benefit the BJP as Kejriwal, Samajwadi Party’s Kailash Chaurasiya and BSP’s Vijay Prakash Jaiswal are all OBCs. If the Congress fields a credible Brahmin candidate, the loss of some Brahmin and OBC votes can really upset Modi, helping Ansari sweep the polls.

In terms of vote share, out of the 16 lakh voters in Varanasi, Muslims are 3 lakh voters, followed by Brahmins, Patels (Kurmis) and Baniyas having 2 lakh each, Yadavs, Dalits and Bhumihar have 1 lakh each votes. It also has a marginal Gujarat connection with around 25000 Gujarati voters. The BJP has won in 5 of the last 6 Lok Sabha polls while losing 2004 to Congress’ Rajesh Kumar Mishra. At present, out of the 5 Assembly seats that are part of the Varanasi Lok Sabha seat, BJP leads the region with 3 Vidhan Sabha seats.      

Who is the principal challenger for Modi? Is it Kejriwal? There is no denying that AAP has created a cadre within a short span of time but then most of the volunteers are either youth driven by false sense of idealism or the disgruntled elements of other parties who were denied what they were seeking for. Even if that translates into votes en block, Kejriwal does not stand as the principal challenger in a four-cornered fight. As a matter of fact, as things stand today, it is the Qaumi Ekta Dal candidate Mukhtar Ansari who can upset the PM aspirant, only if all secular votes are not divided.

If the Muslim votes are split between the Qaumi Ekta Dal, Congress, the BSP and AAP, then Modi is a clear winner. Shams Zaidi, a weaver of Banarasi Saree is optimistic of a Modi debacle. According to him, the Muslims nowadays do not vote en block but strategically to make sure that one can defeat the BJP. For the outside world, Mukhtar Ansari may be a mafia don, but for this weaver he is the ‘real hero’ of the constituency who can take the bull in Modi by horns. “Loha hi lohe ko kat sakta hai sahab, ek Modi jaise badmaash ka jawaab Mukhtar bhai hi de sakte hain (Only iron can cut iron sir. Only Mukhtar Ansari can face an evil Modi),” he says candidly.    

Can Muslim votes alone help Mukhtar Ansari upset the BJP’s Prime Ministerial candidate? Jamshed Siddiqui, a local human rights activist makes it a point when he says that it is not just about the Muslim votes that are going to be cast en block to Mukhtar Ansari. “As a matter of fact, Mukhtar bhai has a clout in the region and is largely seen as messiah for the downtrodden. So, while the major share of the Muslim votes will go for him, some share of Dalit and OBC votes will add to that,” says Siddiqui.

Pandit Rajeev Mishra seems to agree with the orientation of Muslim votes. He, however, has a different reason to believe that Mukhtar is best placed to upset the BJP’s trump card in Varanasi. “Never forget the fact that Modi is a non-Brahmin who has usurped the seat of a Brahmin candidate and this has not gone down well with the Brahmins. Add to that his arrogance of replacing ‘Har Har Mahadev’ with ‘Har har Modi’ in the temple town of Varanasi. This has completely turned the Brahmins and priests off,” says Sharma. But will Brahmins ever vote for Mukhtar Ansari? “Definitely not, but if any other party, like the Congress for instance, fields a strong and acceptable Brahmin candidate then the Brahmin votes will go against Modi. The candidate himself may not win, but such a division of votes will definitely help the Ansari emerge as winner,” he adds.    

It is not that the stakes are high only for the BJP as their prime ministerial candidate is in the fray. As a matter of fact, the stakes are very high for AAP as well, since a defeat for Kejriwal means moral loss for the man who is the face of the party that challenges all the established political norms, parties and the institutions. His only hope and expectations bank on the combined voting of the youths, urban electorates and the women, if only they don’t vote on the identity politics of caste lines. That, unfortunately, is a ‘Big If’ in a city like Varanasi and Modi seems to be the frontrunner as of now.

Who knows last minute polarisation may give an edge to the Don in Ansari, the Congress or even the BSP candidate. After all, Varanasi has a date with political destiny and all eyes are set on the outcome. Old timers in the city are rather wondering whether Lord Shiva’s Varanasi will bless or curse its political incarnation. At least the old timers and the spiritual people in the city are not impressed with ‘Har Har Modi’ chants. But as the political analysts and local journalists in the city maintain the undercurrent in the city is conflicting this time and the choice is between blessing a Prime Ministerial candidate from the constituency and the urge to curse his projection as Shiva. 

Only wish that is on the lips of every concerned residents (both voters and non-voters) in the holy city that washes sins is that this last moment polarisation does not happen with more sins and violence that the politics of hatred threatens to unleash. The city is keeping its fingers crossed. Till the time the date of Varanasi with electoral sin is over, the temple city is sitting on a potential time bomb. The river Ganges nevertheless flows quietly and while sitting on its banks in the evening, Ganga Aarti is so therapeutic that it is easy to forget what all venom is being spitted in its arms in the name of electoral politics and governance. The nature does not endorse politics of hatred, and the holy river is really unmindful of what political plots are being hatched in its blessed temple town.    

An era of holier-than-thou politics sans responsibility

By: Ravi Sinha

Feb 2, 2014

Political advocacy always carries a moral high ground irrespective of whether it stands with a legitimate cause or it has hidden motives. Developing nations often fell prey to holier-than-thou breed of activists since the search for a political messiah is intrinsic due to the wide gap between wants and needs. The mismatch between expectations and delivery is partly a result of corruption & feudal functioning and partly due to the widening gap between the expectations and load on the resources.

India, of late, has been a victim of this political advocacy turned into political hooliganism that eventually threw open in the field many political aspirants whose only claim to fame has been their opposition and resistance to whatever the political establishment had to offer. The merit of India’s political class, or the lack of it, can be a different subject matter of discussion. However, what is significant for the country as of now is the fact that the so-called political alternatives are only giving a confused signal to the established political set-up and the masses, much to the amusement of the media which has suddenly found a new fodder for its TRP in a dog eats dog market.

As a result of this media-backed trial by a group of accusing and abusing political aspirants, India today stands at the corridor of political uncertainty and Delhi Assembly election results are a case study. It is much easier to defame a democratically elected government nowadays where a TRP hungry media and social media outlets are always there to vent out the outbursts. The logic often has no place in this world where contract killers of reputation are on the prowl. However, providing a better and viable political alternative is a different ball game altogether.

Those who demanded a high pedestal of morality from the established political institutions are today finding it difficult to provide something better and hence India seems to have entered an era of holier-than-thou politics that sans responsibility. After promising an honest & efficient government, the new breed of politicians seems to have got scared of responsibility, forget accountability. It is true that the mandate is not with the new player in the ring, yet by virtue of emerging second largest party with almost same vote share with the largest party despite of being a debutant demands that they must prove their worth to the emotionally charged up voters, having given a chance. 

It is said that every revolution has seeds of self destruction in its very DNA. Will the newly emerged political outfit that has systematically master minded the social and political unrest to reap political dividends end its own natural death? It is highly likely since the body language and the posturing of new-found political space seem to have gone to the level of arrogance. It is true that the Congress has been routed not only in Delhi but in all the four states, indicating an outburst against the party. But they have been graceful enough to admit it, congratulate the Aam Aadmi Party (AAP) despite of slug fest during the polls and offered the unconditional support.

It is a rare phenomenon in Indian politics, but the response of the AAP has been that they don’t need approval of Congress Vice President Rahul Gandhi for doing well. It is a new feudal way of politicking where grace is retaliated with arrogance. Furthermore, AAP seems to be in a moral & ideological dilemma over government formation. Their stated stand of neither soliciting nor extending support to either the BJP or the Congress already stands null & void when the wrote back letter to both the parties with their counter condition of support.

The political novices failed to understand that out of the 18 demands put forward by them as a condition of support, most of it does not even need Assembly nod and cabinet can take it own decision. Congress played the smart card by accepting the rest of the demands. Taken aback by this sudden Congress’ gesture/strategy they went into a huddle and afterwards came up with the fancy idea of referendum over SMS. Political immaturity apart, the political novices got exposed in the eyes of their own voters and many of them are today asking whether the AAP is in a position to implement the lofty promises that they made.

It is not about the government formation alone that is a cause of worry. The larger cause of worry is the direction in which the Indian democracy seems to be heading to. Holier-than-thou sans accountability may lead to populism all the time and referendum may be used as an alibi to any policy justification tomorrow. Do we want a civilised democracy to turn into mobocracy? These are the questions to be addressed and government formation by one or the other party is not something that can change the way Indian politics operates. The quest for a political messiah has hurt the country time and again. Yet, it seems the Indian voters have not learnt their lessons.         

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.