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Good News! MP High Court admits our Letter on Judiciary’s Problems as a Petition

April 5, 2012: Madhya Pradesh High Court has taken cognizance of our letter to the judiciary. A reply from the registrar of Jabalpur High Court dated March 5 states, “Your letter petition was placed before the committee of two Hon’ble Judges constituted by Hon’ble the Chief Justice… Hon’ble Committee has been pleased to file your letter for registration as a letter petition”.

The letter however cites a court rule that no further correspondence in this regard will be entertained. Read the full reply: http://tinyurl.com/MP-High-Court-Reply2our-Letter  

Our letter to Chief Justice of India S H Kapadia, Chief Justices of 17 High Courts, Union Law minister and others, listed out the issues that make the judiciary unavailable to the common man. It also suggested various remedies. Supported by 121 signatories, this letter was posted on 25th December 2011 by activist G R Vora. Read our letter: http://tinyurl.com/Letter-sent-toCJs-SCHCs-Lawmin  

Activists Sumer Bais and Meenal Rege translated the letter and its explanation in Hindi and Marathi, so that more people would understand it.


  
We are still awaiting replies from other recipients. We are hopeful that some other High Courts, and maybe the Supreme Court also, will consider taking some action on the issues described in it.
 
Warm Regards
Krish
98215 88114
thebravepedestrian@gmail.com

  

Posted in Activism, Governance & Administration, Our Future, Philosophy, Poetry, RTI Act 2005, Right to Information.

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Lok Group’s ROMF scam: How to Create a Mega-Crore Asset with Only Image Management

“The secret of success is sincerity. Once you can fake that, you’ve got it made.” — Hippolyte Jean Giraudoux, French diplomat and novelist.  

24 March 2012, Mumbai: Yesterday was builder Lalit Gandhi’s second death anniversary. Shri Gandhi, co-founder of Lok Group, passed away on 23 March 2010. When a wealthy businessman dies, family members and beneficiaries of his wealth deify him as a visionary philanthropist who used his wealth in service of mankind. This halo soon envelops those who “selflessly” continue his work. And so it was with Late Shri Lalit Gandhi, God rest his soul. He had seen visions of innovatively making money from the dilapidated cessed buildings of Chira Bazaar in South Mumbai. In 2006-07, he founded an NGO called Remaking of Mumbai Federation (ROMF): http://www.romf.org/  

This NGO was spearheaded by Mayank Gandhi, Shri Lalit Gandhi’s charismatic nephew (who went on to achieve national fame last year as a major architect of Team Anna’s India Against Corruption campaign). By fudging the lines of demarcation between commercial interest, private interest and public interest, Mayank Gandhi merged Lok Group’s commercial interest with the ambition of over 8000 tenants living in dilapidated buildings to have better homes. By connecting with the Mumbaikar’s desire for a beautiful city, Remaking of Mumbai Federation (ROMF) and Mayank Gandhi became a media-darling and messiah of Chira Bazaar Cluster Development. He organized several events: http://www.romf.org/about%20us/chronology.aspx

Around the core of these events, a publicity campaign consisting of systematic misinformation and name-dropping was built. Sri Sri Ravishankar, Justice P N Bhagwati, Narayan Murthy and Deepak Parekh, Citispace are a small sample of the dignitaries whose names were exploited for creating brand-equity around ‘Remaking of Mumbai’. The credits-list of this newsletter is a good specimen of such name-dropping: http://tinyurl.com/ROMF-Newsletr-May2010 

(And later on, this skill-set and experience came in handy when Mayank was hand-picked by Arvind Kejriwal to build up Brand IAC and Brand Anna.)

Also Read:  

Contrary to the public perception that was created, there was nothing “inclusive” about Remaking of Mumbai Federation. It was never a true federation of stakeholders, and it never gained the grassroots level support from landlords and tenants of Chira Bazar. The couple of tenants associations supposedly supporting ROMF were little more than letterheads.

To Lalit Gandhi’s Lok Group — the owner of this NGO — Chira Bazaar Cluster Development was a cash cow to be carved up into beef and sold to the highest bidder. Had things gone according to plan, Lok Group might have reaped bumper profits by selling it for at least Rs 37.5 crores, if not much more. See the last page of the Chira Bazaar sale agreement between Lok Group and Unity Realty & Development Ltd: http://tinyurl.com/Chira-Bazaar-Sale-Agreement 

On page 6, under the heading, ‘Cancellation of earlier MOUs and Agreements’, this document refers to an earlier transaction worth Rs 37.5 crore in August 2010, in post-dated cheques dated from November 2010 till end-2013. ROMF had claimed that it would deliver the Chira Bazaar cluster development project, tied up neatly, to Unity Developers. (Unity Infraprojects Limited — UIL — is the holding Company of Unity Realty & Developers Ltd – the buyer of this project.  The promoters of UIL — K K Avarsekar and his associates – are known to have the blessings of the Thackeray family; this may explain the eagerness of MCGM’s High Powered Committee to overlook the glaring shortcomings of this project.)

So, in effect, this present agreement, which scaled down the payment to Rs 10 crore, was an admission of ROMF’s inability to deliver as promised. 

As per the present agreement made in Jan 2011, Lok Group and ROMF sold a 5 acre “pilot project” carved out of this 30-acre project to Unity Realty & Development Ltd (URDL) for down-payment of Rs 5 crore, plus Rs 5 crore linked to the project progress. See page 9-11 of their redevelopment agreement under the heading, ‘Monetary Obligations & Considerations’. (Incidentally, this deal was transacted on stamp paper of Rs 100. Stamp duty of 5% of value of immovable properties / land / development rights was not paid on this Development Agreement. If we take the deal at its face value — Rs 10 crore – it amounts to stamp duty evasion of about Rs 50 lakh. But some experts feel that the true value of this agreement is far beyond these figures; even under the scaled-down agreement, ROMF was delivering to Unity Realty an intangible asset worth hundreds of crores. One way or another, it is a huge evasion, and Maharashtra Stamp Duty department should estimate what its true value is!)

In this agreement, the seller is ROMHIF. So what is the connection of ROMHIF with ROMF? This extract from Lok Housing & Constructions Ltd Directors Report 2010 explains it: “Remaking of Mumbai Housing Infrastructure & Finance Ltd (ROMHIF) submits proposal for Chira Bazaar Cluster redevelopment in C Ward of Mumbai. The High Powered Committee clears Chira Bazaar Cluster redevelopment proposal of ROMHIF to redevelop around 30 acres of land (362 buildings and over 8000 tenements)… The proposal for demolishing of old and dilapidated structures and construction of high rise buildings is under consideration with Government of Maharashtra… ROMHIF has submitted its proposal to redevelop around 30 acres of land (362 buildings and over 8000 tenements) in the Kalbadevi-Chira Bazar area in C Ward… It proposes to demolish these old and dilapidated buildings and in their place construct high rise structure in the ear-marked plots… Lok Housing Ltd has 49% stake in the shareholding of Remaking of Mumbai Development Ltd. (ROMD) which is the holding Company for ROMHIF”. As per the website of Registrar of Companies, the registered Addresses of both ROMD and ROMHIF is Lok Bhavan, Andheri East, Mumbai. Paid up capital of ROMD and ROMHIF is Rs 40 lakh and Rs 5 crore respectively. 

Since Lok Housing Ltd as per Directors Report has 49% stake in the holding company ROMD for ROMHIF, who owns the balance 51% stake?  Is it somebody in the government or civic administration? We don’t know, but it will be interesting to find out.

The names of all companies start with Remaking of Mumbai. Why? So that the brand equity of ‘Remaking of Mumbai’ can be effortlessly passed on to any buyer. The government approvals gotten by ROMF can also be transferred, with some help from pliant government officials, to another entity with the same name, namely Remaking of Mumbai Unity Developers Private Limited (See point H on page 5). In this crucial clause, the agreement recognizes that it is crucial to retain the ‘Remaking of Mumbai’ name at all times, even if the latter part of the name were changed in future i.e. if Unity Realty & Developers sold its stake to someone else. (Now that is like saying: Smita is married to Ramesh. It is crucial that any man desirous of sleeping with Smita must knock on the bedroom door and say, “Open the door, I am Ramesh.” Needless to say, the real Ramesh gets paid.)

Unfortunately for Lok Group and their buyer, Unity Realty, the state government questioned the fraudulent claims of Lok Group/ROMF – especially the claim that that it had written consent from 79.2% tenants. What it actually had was some letters from a small number of tenants, giving the project their best wishes without even knowing the particulars of the project – and of course, without knowing even which builder was going to undertake the massive redevelopment, and whether he had the capital and infrastructural capabilities to do so. 

The state government pulled up MCGM’s high-powered committee for not exercising due diligence. Details: http://tinyurl.com/TOI-ROMF-news-item  

To some activists, the design behind Remaking of Mumbai Federation was clear from the start. UTSAL KARANI AND HIS COLLEAGUES AT JANHIT MANCH blew the whistle on Lok Group and ROMF several times, until Chief Minister Prithviraj Chavan and Municipal Commissioner Subodh Kumar finally opened their eyes. Here is Janhit Manch’s most recent letter, written after the project was put on ice: http://tinyurl.com/Janhit-Manch-ROMF-letter2CM 

We need to remember that builders can create a marketable asset without having anything in hand, just like magic. We must remember that builders will always find innovative ways of bypassing the processes of competitive bidding and project evaluation by whipping up public sentiments. All it takes is a skillful organizer like Mayank Gandhi, who was an Independent Director of Lok Housing & Constructions Ltd, and simultaneously the life and soul of ROMF as its Secretary.

On this solemn occasion of Shri Lalit Gandhi’s second death anniversary, let us all maintain one minute’s silence and remember how Lok Group and Remaking of Mumbai Federation nearly pulled a fast one on this city.

Regards,
Krish
9821588114
Building.RTI.Union@gmail.com

Posted in Activism, Governance & Administration, Our Future.

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Big Builders’ Transfer Fee is Unlawful Extortion

10 March 2012, Mumbai: Well-known Mumbai builders like Niranjan Hiranandani, Sukhraj Nahar (S B Nahar) and Rustomjee are extorting large sums of money from flat-owners in new buildings, before the cooperative housing society (CHS) is formed. A builder’s No Objection Certificate (NOC) for apartment sale is routinely demanded in places like Nahar Amrit Shakti, Chandivali, Powai. This not only violates many laws, it encroaches on flat-owners’ fundamental rights. It makes it very difficult and costly to dispose off your flat in such localities.

If you sell your apartment (i.e. second sale) in new townships like Nahar Amrit Shakti without the builder’s NOC, he will unlawfully refuse to transfer the apartment in the name of your buyer, and the watchmen may prevent your buyer from entering the premises. To avoid this, you have to get an NOC by paying a “transfer-fee” at the rate of Rs 500 to Rs 1000 per square foot. The amount, often paid in cash, is between Rs 3 lakh and 15 lakh. Mumbai builders like Nahar also impose unlawful and exploitative pre-conditions before giving their NOC.

ALSO READ:

Housing finance institution HDFC and its brokering arm, HDFC Realty Ltd knowingly support such illegal practices in Mumbai property. The Prevention of Money Laundering Act 2002 casts a duty on them, as well as their such as direct sales agents, to report such transactions to Union Finance Ministry’s Financial Intelligence Unit. [Read this] Sadly, such duties are ignored, and owners of Mumbai properties incur heavy losses at the rate of many hundred crores every month.

The argument used by builders like Sukhraj Nahar is, “In this building project, I am the king, and you must obey the terms that I impose. The sale price or rent rate of your apartment appreciates because of my ongoing activities. What is wrong if I ask you to share a small part of your gains? Pay up, or else.” In places like Assam, the same argument is used by Naxalites and Maoists, who say to corporates, “You are making profits on our turf. So share it with us, or else!” MUCH LIKE THE TAXES IMPOSED BY NAXALITES & MAOIST PARALLEL GOVERNMENTS, TRANSFER FEE IS A SLAP ON THE FACE OF THE STATE MACHINERY. How long will the government allow Mumbai builders to grow stronger by undermining its authority in the city? 

We have specimens of receipts for such illegal charges, issued by Roma Builders (Niranjan Hiranandani Group, famous for massive development of Powai) and SB Nahar Group (famous for developing Nahar Amrit Shakti as a massive township with over 5000 flats). We have details of the modus operandi and intermediaries used by Rustomjee Builders for collecting this amount. Also, we have specimens of Nahar Group’s NOCs, which force the buyer to forfeit all his rights and accept many unfair and unlawful conditions. For example, the NOCs are only valid for one month. So if the apartment sale fails to happen within one month, the seller has to go back to the builder and pay him whatever he demands.

SEE THESE SPECIMENS:

1. a. Illegal transfer charges receipt of Niranjan Hiranandani group company: http://tinyurl.com/Hiranandani-Transfer-Fees 

b. A revealing exchange of emails unlawful transfer fees with Hiranandani’s DSA: http://tinyurl.com/Hiranandani-Fees-Emails 

2. Rustomjee Builders modus operandi for collecting unlawful transfer-fees: http://tinyurl.com/Rustomjee-Transfer-Fees 

3. Illegal transfer charges receipt of S B Nahar Group: http://tinyurl.com/SBNahar-Transfer-Fees 

4. S B Nahar Group’s NOCs & receipts with unlawful points highlighted: http://tinyurl.com/SBNahar-NOCs-letters-receipts 

After we blew the whistle on such practices, S B Nahar Group was raided by the Income Tax department in February 2012, many irregularities were revealed, and a I-T demand for a couple of hundred crore rupees was raised. Rustomjee Builders, Lodha Group (owned by MLA Mangal Prabhat Lodha) and other big builders of Mumbai were similarly raided by I-T officials last year. Sadly, they continue with cash dealings at the rate of crores of rupees every month. Can we complain to the I-T authorities with fresh evidence? No, say I-T insiders. We will not get warrants to raid them again so soon, they say. Repeated raids will amount to undue harassment, they say. 

LOOK AT THE RAMPANT ILLEGALITIES INVOLVED:

1. BUILDER’S TRANSFER FEE VIOLATES INDIAN CONTRACT ACT. It is an extra-contractual demand, made by the builder after the sale, seeking to unlawfully fetter the buyer from exercising his ownership rights. When someone buys the flat from the builder, the flat ownership is transferred to him. The flat purchaser becomes its absolute owner, and the builder cannot retain any lien, encumbrance or interest in that property. Being an owner of a thing means having the unconditional right to sell it or rent it out. From where does the builder derive the authority or locus standi to impose any fresh conditions? Why should the flat-owner need the builder’s NOC, when the builder has no right to lawfully object? The flat owner only has to inform the builder, and ensure that his maintenance dues are cleared till the date of sale.

2. IT IS UNLIKE COOPERATIVE SOCIETY’S SHARE-TRANSFER FEE, WHICH IS SOMEWHAT LIKE A TAX. The CHS is the “legal owner” of the building and plot of land. The flat-purchaser, having voluntarily surrendered his sovereignty at the time of the society formation or of his flat purchase, becomes its shareholder. So the society may impose a share-transfer fee at rates specified under its by-laws. This is in the nature of a tax imposed by CHS, which is like a local-self-government. This is where the transfer-fee imposed by a CHS derives its legitimacy and maintainability under law. However, please note that THERE IS NO REQUIREMENT OF NOC EVEN FROM THE SOCIETY under the MCS act, Rules or Byelaws (Bombay High Court 2004 judgment on Sneh Sadan Co-Op. Hsg. Soc. Ltd. vs State Of Maharashtra And Ors., 2004). A prospective member-seller of a flat is only required to inform the society of his intention to transfer the membership by serving a notice in a prescribed form 15 days prior to the actual transaction and execution of transfer deed. Also, making payment of more than Rs 25,000 as transfer fees to society would make the agreement null and void, since a contract involving an unlawful object or consideration voids the contract, as per Section 23 of Indian Contract Act. (Bombay High Court 2010 Judgment on Bharatiya Bhavan Co-Operative … vs Smt. Krishna H. Bajaj & Ors).

3. THE BUILDER IS NOT ACTING ON BEHALF OF THE FUTURE CO-OP SOCIETY. Mumbai builders pretend that they are acting on behalf of the CHS that will be formed. They argue: “We are maintaining the lifts and building amenities, and therefore, we are acting in the place of the society. After some months, we will have to hand over the accounts, along with these works, to the society. Until then, we are collecting maintenance charges and transfer fee on its behalf.” This is a lie. Most builders actively obstruct the formation of the CHS in order to continue collecting transfer fee and other unlawful charges (such as advance cheque of several lakhs towards one-time maintenance fee for 18 months to 3 years). They continue theft of power and water, and encroachment of open spaces and right-of-way. For details, read ‘Nahar Amrit Shakti Township in Powai — a Scam with thousands of Victims’: http://tinyurl.com/Krishs-blog-Nahar-Amrit-Shakti 

4. TRANSFER FEE IS NOT BROKERAGE, BUT BROKERS IMPOSE IT. An estate agent or broker renders a service to the flat-owner by facilitating sale of the flat, and thereby he earns a fee called brokerage. The builder renders no service to the flat-purchaser. However, estate agents often act as henchmen by collecting transfer fee on behalf of the builder. They make the Builder’s NOC seem like a mandatory paperwork, and the transfer fee as a normal give-and-take, without which the transaction cannot be completed.

5. IT IS AN EXTORTION, PUNISHABLE U/S 383 AND 384 OF INDIAN PENAL CODE. The logic of builder’s transfer fee is, “Either you pay, or I will not allow your house sale to happen.” This is actually a criminal offence. See http://tinyurl.com/IPC-Sec-383-Extortion As per IPC section 384, this is a non-bailable and cognizable offence, and therefore an FIR should be lodged against the builder.  We don’t usually approach the police stations as the police doesn’t register FIR in such matters.

6. IT IS PROHIBITED BY COMPETITION ACT 2007. Imposition of unlawful transfer fees by builders is ‘ABUSE OF DOMINANT POSITION’ as defined under section 4 of Competition Act 2007. Since many builders, estate agents and banks such as HDFC are forming a cartel to impose transfer fee, it also amounts to an ‘ANTI COMPETITIVE AGREEMENT’, which is prohibited by section 3 of Competition Act. Read http://tinyurl.com/Competition-Act-2007 Proceedings have already been initiated in the Competition Commission against Sukhraj Nahar (S B Nahar). See this legal notice: http://tinyurl.com/Legal-Notice-Sukhraj-Nahar  

5. IT USUALLY EVADES INCOME TAX. In nearly all cases, transfer fees are collected in cash in order to avoid the tax net. The collection is not done directly by the builder; it is done through estate agents, direct sales agents (DSAs) and other intermediaries, in order to distance the builder from this corrupt practice. Wherever these are brought on the books of account, it is under other head such as “legal fee”, as in the case of Niranjan Hiranandani’s Roma Builders. If so, it is written off against some imaginary expenditure head, and used for paying bribes etc. Quite often, the cash receipt given for Rs 11 or 21 is a disguised receipt for cheque payment of, say, Rs 7.5 lakh. The wording of the receipts issued by S B Nahar Group shows how this is done: http://tinyurl.com/SBNahar-NOCs-letters-receipts 

7. IT INVOLVES MONEY-LAUNDERING, CRIMINAL DEALINGS & CORRUPTION. The black money created by such transfer-fee is later converted into white by specialized chartered accountants, who use charitable trusts and temple funds for bringing it on the books. Or it continues as cash, and is used for bribing politicians and government officials, paying for muscle-power for forcibly encroach on lands, etc. 

Victims of such illegal practices and my activist friends and often say to me after reading some of my articles, “OK, so you have amply elaborated the problem. Now tell us the solutions also. Shouldn’t we file a PIL now?”

To this, my response is that we first need to fight this battle at the level of the administration, quasi-judicial bodies, the media and the public. Otherwise, the courts will say that we have not exhausted all our remedies, and dismiss our PIL. 

SO I SUGGEST A TWO-PRONGED STRATEGY:

A. EVEN IF IT SEEMS INITIALLY USELESS, WE MUST COMPLAIN IN WRITING TO PROPER AUTHORITIES. We may have helplessly paid large amounts by cash or cheque to Mumbai’s builders, but we must not fall silent after shedding tears in private. Please complain in writing to: 

(i) POLICE COMMISSIONER, MUMBAI. Cite IPC sections 383 and 384 i.e. Extortion. You can do this even if you made payment by cheque, and got a receipt for something else, such as “legal fees” etc. 

(ii) CHIEF COMMISSIONER OF INCOME TAX, MUMBAI. To demand or give cash payment of more than Rs 20,000 is a violation of Rule 6DD [http://tinyurl.com/Rule-6DD-Income-Tax-Act ] of the Income Tax Act. Even if the payment is by cheque, but it is shown as a different head e.g. “legal expenditure,” please complain. File a complaint with whatever evidence you may.

(iii) COMPETITION COMMISSION. Study Sections 18, 19 and 27 of the Competition Act 2007 to understand the powers of this commission. http://tinyurl.com/Competition-Act-2007 Support your complaint with arguments and documents.

(iv) FINANCIAL INTELLIGENCE UNIT OF UNION FINANCE MINISTRY.  File a complaint with reference to Prevention of Money Laundering Act (PMLA 2009), which derives wide and sweeping powers with reference to many existing laws, including Indian Penal Code. 

(v) CHIEF MINISTER OF MAHARASHTRA. While the CM is not directly an authority, complaints pouring in will force him to sit up and take notice. The CM is empowered to direct multiple multiple authorities to carry out a drive against builders, estate agents and other henchmen. He can also ask the government departments to review various policies concerning the building industry.

(vi) MAHARASHTRA CHAMBER OF HOUSING INDUSTRY (MCHI): Although this is basically an association of builders, it is trying to earn credibility in the eyes of the government and the public. Most of the big builders guilty of such malpractices are MCHI managing committee members. Holding a mirror to their face will force them to clean up their act. Peer review of each builder’s work is important. So, send complaints to them also. 

B. PUT SUCH COMPLAINTS, SUPPORTING INFORMATION & DOCUMENTS ON THE INTERNET. By sharing secrets on public domain (even at the cost of our privacy), we can destroy the conspiracy of silence, and exert great pressure on authorities and wrongdoers. Don’t be afraid of threats; putting things into public domain reduces your risk. If he attacks you, the wrongdoer will not be able to hide the connection between you and him, and he is much more likely to make himself a prime suspect. 

My guru Shailesh Gandhi told me in 2008: “The battle for good governance will have to be fought in the minds and hearts of the public, as well as in the halls of the administration”. In the end, our solutions will come from our ability to bring the problems to a boiling point in the collective consciousness of the people, and forcing the administration to act on them. 

Warmly,
Krish
9821588114
building.rti.union@gmail.com

PS: My deepest gratitude to many victimized citizens, building-industry whistleblowers, I-T department sources and fellow activists for their valuable documents and insights. 

Posted in Activism, Governance & Administration, Our Future.

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Poem: The Embrace - Companion of the night

The Embrace - Companion of the night,
Solace from the day,
Protect me from the light,
Whisk me far away.

Wrap me in your arms,
Hold me for a while,
Let me shut my eyes,
I’ve walked a weary mile.

My shoulders hurt, my muscles ache,
Heal my body with your touch
’til the sun rises, don’t let me wake,
In your embrace, let me sleep much.

Caress my hair with a tender hand,
Kiss my forehead gently;
Heal my body of all its wounds;
Heal me physically, mentally.

Shield me from the dazzling sun,
As you move farther away.
Let there be night in my eyes,
Though the rest of the world sees day.

Kiss me awake with a parting breath,
I’m strong enough to brave the light.
Oh, younger brother of death!
Do embrace me tonight.

By Lavya Krishnaraj Rao (My dottir)

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My Fear of Watchmen Burning Plywood & Plastic on Cold Nights

March 2, 2012: Today at dawn, I woke up smelling smoke. Looking out of my bedroom window, I saw an old enemy and felt a stab of fear in my heart. I saw gouts of smoke rising up from the watchmen’s cabin of the building next to ours, spoiling the fresh morning air. The wind was blowing in the opposite direction, and the watchmen extinguished the fire soon afterwards. But that brief whiff of smoke brought back unpleasant memories.

My enmity with smoke began in December 2002, after dad came home with about 12 inches of stitches from his chest to abdomen after his cardiac bypass surgery. He had a nagging cough. His breastbone and stitches hurt when he coughed; it was painful to watch. Around midnight, I awoke to the sound of dad coughing uncontrollably. I too felt irritation in the throat. 

Two watchmen in a neighbouring building were burning scrap particle-board and plywood in a gamela – a shallow metal pan. Burning is a well-accepted and widespread winter habit throughout India called taapdi – and maybe worldwide — and that made my task of resisting it very difficult. 

I took a bucket of water and went downstairs. I explained my father’s condition to the watchmen, visually showed them how the breeze was blowing the smoke directly to my house, and pleaded with them to extinguish the fire at once. I explained that the smoke contained resins and chemicals that were toxic and irritating to the throat. I pointed out that they sat upwind of their fire, while we were downwind, and how unfair it was that they were hurting the health of the whole neighbourhood. 

The watchmen argued that the night was cold, and that as they were not my building watchmen, I had no right to tell them anything. Why I was the only one complaining? Why didn’t my other neighbours complain, they demanded. I replied that everybody else was in the habit of suffering in silence, whereas I had the bad habit of resisting. “This fresh air belongs to me, my parents and my children. It belongs to all of us in this neighbourhood. Two of you sitting here cannot take it away from all of us,” I argued. But it was no use.

After ten minutes of futile reasoning, I firmly brushed past them, poured my bucket into their ghamela and returned home as they shouted at my back.

One hour later, the smoke started coming again. I dragged myself out of bed, and went back with another bucket. Again, reasoning was fruitless. In the end, I poured water over their ghamela and walked away.

In the coming days, weeks and months, I approached many managing committee members of three building complexes. They gave me a sympathetic hearing and said they would issue instructions, and the nuisance abated for some days or weeks. 

At other times, I got the number of their security agency, and called them directly to complain about the nuisance. 

On some nights, I carried a couple of blankets and offered it to them for the night. 

All of this sometimes worked, and sometimes didn’t. When it didn’t work, I wordlessly poured my bucketful on their ghamela over the four-foot-high wall. If they saw me coming, they scrambled to protect the burning ghamela by dragging it away from the wall. By doing so, they risked getting splashed when I threw the water about 15 feet across. Sometimes, after such incidents, they yelled and called me a madman.

THE CONSEQUENCES OF TOLERATING SMOKE

There were also some nights when I lay in bed, afraid to go out and fight. After such nights, my family suffered for days with coughing and sore throats – and that was completely unacceptable to me.  
In the first year, it was about protecting my father. Afterwards, it became about protecting my whole family and myself. My mother had been on asthma medication all her life, and I had seen how she suffered after smoke exposure. Some years, my wife and I were more susceptible to throat infections. In other years, it was my growing son and my daughter who had a nagging cough. 

I don’t know why I hadn’t noticed garbage-burning and watchman’s smoke before 2002, but I have not been able to ignore it since. Closing the windows and curtains and staying in bed may have been an option earlier, but after 2002, it stopped being an option. Whenever I took this road, I despised myself the next day, and took action the following night.

CREATING ALTERNATIVES, BUILDING BRIDGES & MAKING FRIENDS

Over the years, I gave woolen shawls to some watchmen who said they needed the fire to stay warm. To others, I gave tubes of Odomos mosquito repellant. In some years, this meant an expenditure of Rs 500-800 every winter, but I felt OK with that. But it didn’t always work; some guys took the blanket and mosquito repellant, and still tried to light a fire at 3 a.m. when they thought I was too fast asleep to notice.

In later years, I started taking my dad with me if he was still awake. That was an option around midnight. His gentle presence prevented things from getting overheated. All of this has worked reasonably well.

I phoned the police a couple of times. I even went to the police station once after a member of the next building came down to the street and sided with the watchmen. The cops promised, but never really did anything; burning is such a widespread and unchallenged practice that it seems like a legitimate right.

In the end, effectiveness always boiled down to my willingness to take a bucket of water and solve the problem.

Occasionally during the day, nearby cottage industry-wallahs or slum-dwellers set fire to rubber tyres and plastic wastes. I went to the spot, requested a bucket and a rope from a nearby hutment and draw water from an open well. As I walked back and forth between the well and the burning heap, pouring water, I would explain in a friendly and (hopefully) non-preachy way about how burning rubber, plastic wrappers, thermocol etc. releases toxic chemicals into this air that is our main wealth. “Our every breath of polluted air becomes a lottery-ticket of cancer,” I said in a casual tone. “When you burn this stuff, all of us in the buildings will get one or two tickets in this lottery of cancer. Since you all are the ones closest to the fire, your wives and children, and you yourself may get 10 tickets each. Agar hamari lottery lag gayee, we and our families may spend the remaining months of our lives visiting Tata Memorial Hospital.” 

Quite often, a few slum boys joined me in carrying buckets and extinguishing the last smoking remnants, and we shook hands and parted as friends.

Over the years, I have become convinced that the most frequent cause of our chronic nose and throat ailments is smoke from our own building watchmen or those of the neighbouring compound. Doctors rarely ask whether we are sleeping downwind of a watchman’s taapdi. We all automatically attribute coughs and colds to viruses or generally polluted air. “What to do, doctor, there is so much polluted air nowadays. It can’t be avoided,” we say. We routinely ignore the fact the watchmen may be burning plywood, cardboard, plastic and rubber directly under our bedroom windows. 

MY INNER CONFLICT: Seeing the smoke this morning filled me with anxiety and inner conflict. I am now wondering what to do. As the wind is not carrying the smoke towards my house, I am planning to ignore it. Yes, it hurts a lot of other people – people who are like my own family. But if someone among them does not rise to the defense of their family, what can I do? 

What right do I have to argue for the rights of others, who may not even believe that it is their right?

Warmly,
Krish
9821588114

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Kanyakumari-to-Delhi Walkers are walking thru Mumbai TODAY 26 Feb. Want to join ’em?

26 February, 2012, Mumbai: Do you deeply love India? Are you a dreamer grounded in hard reality? Then maybe you should join this group of people who call themselves Proud Indians, and have traversed over 1500 kilometres on foot through village roads and fields, over railway tracks and across rivers, using GPS and asking villagers for directions. Only rarely have they walked on highways and major roads.

Their mission is to go from Kanyakumari to Delhi, braving the gritty realities of India and touching the hearts of people on the way.

In order to pass through various states, metros and historically and culturally important places, the Proud Indians, who set out from Kanyakumari on December 18, took a zigzag route. They entered Karnataka on January 2 near Mysore. They walked into Tamil Nadu near Vellore on January 14 – Makar Sankranti, the kite-flying festival. They entered Andhra Pradesh on January 18 near Vijaywada. After walking through the tribal regions, they entered Maharashtra from Gadchiroli on February 11. En route to Mumbai, they passed through Nagpur and Pune. 

Some parts of this zigzag were covered by bus — Nagpur to Pune, Chennai to Vijaywada, Kozhikode to Nanjaguda.

And to get a feel of what it means to be an ordinary Indian, the Proud Indians have lived on a budget of Rs 50 per day. They have been sleeping rough, often in places like abandoned tea-stalls. 

Would you like to get to know them better? Meet 39-year-old Mujeeb Khan (9849211083) and his 25-year-old pal Vivek Reddy (9397945872) – both engineers from Hyderabad. Mujeeb has been running an NGO called Bhumi and working among people in the slums. Vivek is passionate about Indian history. 

And meet their filmmaker buddies Jawad Ali and Faiz Rai (Faiz.rai@yellowstudioworks.com 9908224073). Between them, the philosophical foursome conceived the entire walk, the route and the purpose.

Their target is to arrive at Rajghat in Delhi on April 7, and celebrate April 8 as Zero Corruption Day. 

To know more about the walk and the philosophy of the walkers, access the following resources: 

PDF files and Photo downloads: http://tinyurl.com/Kanyakumari-Delhi-Walk2012 


THIS GROUP WAS JOINED BY PEOPLE IN MANY CITIES — PEOPLE LIKE YOU AND ME:
1. Umair Hassan – Architect by training, single-mindedly dedicated to cinema as Director and Story Writer. Many videos on the Facebook page are thanks to Umair. Umair, Jawed and Faiz are partners in a film production company called Yellow Studio Works. They have made a documentary for Mujeeb’s NGO Bhumi. 
2. Uday Kiran – dreamer. Engineer. Looking for personal meaning. Walking to discover his country.
3. “Socrates” – Nobody knows his real name. A homeless deaf-mute person who has walked for the last 500 km with them after meeting them in Adilabad. They estimate his age at 45. 
4. Anoop Shekhar — Architect from Mysore. 
5. Shehzad and Fasi Ziaee – Engineering students who love adventure and big dreams
6. Prasanna – Engineer from Bangalore, who is settled in Pune. He gave up his job with Infosys a couple of years ago, and has been working with children, enabling them to use their porential thru the use of theatre in learning.
7. NUMEROUS OTHERS WALKED FOR PERIODS RANGING FROM TWO DAYS TO THREE WEEKS. 

Jawad Ali (jawadali123@gmail.com 9949350352) is a one-man forward team. To make arrangements for the walkers and link up with the press etc, he gets to every city a bit ahead of them by car. 

To get a feel of what it feels like to have the wind in your hair and the road under your feet, please join the MUMBAI WALK ON SUNDAY, i.e. tomorrow. Starting from Gateway of India at 8 pm, the group will reach Juhu Chowpatty by end of day. Details http://tinyurl.com/Mumbai-Walk 

And if you wish to JOIN THE PROUD INDIANS FOR WALKING TO DELHI, IT IS AN OPEN INVITATION.
The onward route is:
Walk to Nashik. 
Bus to Surat. 
Walk to Ahmedabad. 
Bus to Bhopal. 
Walk to Delhi, via Gwalior, Agra, Aligadh, and Gurgaon
Arrive in Rajghat on April 7.

TRAVEL ADVISORY: Carry less than 6 kilos of luggage — 3 Tshirts, 2 jeans, blanket etc, and toiletries. 

Any time is a good time to join. No need for prior information, just come and be with us, says Mujeeb.

Tempted? I am itching to drop everything and just go with them.

Warm Regards,
Krish
98215 88114

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Tough lessons from Election 2012: REAL reasons why citizen candidates lost

19th February 2012, Mumbai: Hindsight is not always perfect. Citizen candidates who failed to get voted as corporators are today in a state of sadness, anger and disillusionment. In this mood, they are doing a post-mortem of the last 2-3 months. There is a human tendency to pin the blame on the people nearest to them, especially those who tempted them to become citizen candidates. Let us look at what might be going on in the minds of the citizen candidates.

OUR FAVOURITE WHIPPING BOYS WILL BE:

Mumbai 227 — The citizen platform that inspired a majority of citizen candidates to stand, and generated the maximum amount of energy, will now be unsparingly criticized. Everything from its vision, its selection methods and its sense of timing will be subjected to great criticism. Motives will be imputed to several leading individuals. There will be lots of I-told-you-so discussions.

Loksatta Party — because people expected more from a citizen party that is many years old, as opposed to a citizen platform cobbled-together by well-meaning individuals on the eve of elections. 

Adolf D’Souza, the ‘first ever’ citizen candidate elected in 2007 — for not mentoring citizens to step into his shoes – especially Juhu residents who had campaigned door-to-door for him in 2007. Why didn’t he pass on his knowhow and experience, people will ask.

Stalwarts like Praful Vora and Mayank Gandhi who organized the campaign to get Adolf elected will catch flak for diverting all their energies to Arvind Kejriwal’s India Against Corruption (IAC) in 2011. The likely questions are: Why didn’t the IAC itself become a citizen platform? Why didn’t it field candidates? If it had, the energy of the anti-corruption movement would have transferred to election campaigning, and those citizen candidates might have won! 

Anna Hazare & Arvind Kejriwal– Why did they not give back to Mumbai some of the energies that Mumbai gave to them? Why did they not play the role of star campaigners in the election?

The citizen candidates themselves – Were the people chosen by citizen platforms of the right quality? Were they sufficiently inspiring and resourceful as individuals? Were they true leaders? Or were they just ambitious men and women who wanted a free ride on the prevailing anti-corruption sentiments? Should Mumbai 227 have chosen fewer candidates and put all their energy behind them?

The timing – Did the mobilization of citizen candidates start out too late to be effective? Should the runup to the elections have started when Anna Hazare was fasting in Ramlila Maidan? Or even earlier, say in Feb-March 2011, when crowds started gathering in Azad Maidan around the Jan Lokpal Bill issue?

Media – Did it adequately support the citizen candidates, collectively and individually? Or did media let down the citizen candidates when paid articles and soundbites from political parties started flowing in? Did some negative articles in prominent papers like Times of India and Mumbai Mirror hurt the prospects of some candidates?

Friends & Fellow Activists – Did they adequately support? Should activists have dropped whatever they were doing and rushed to the support of their friends and colleagues? After all, when having even one activist inside the BMC can empower everybody, was it not morally binding on every activist to devote all their energy to the campaign?

Lack of Pre-poll Alliances – Why did Loksatta, Mumbai 227 and other platforms pit their candidates against one another in some constituencies? Could they not have avoided splitting the support base by withdrawing their candidates in some wards?

I feel that most of the above is just a blame-game. These are either imaginary or secondary causes. Let us put these behind us.

The PRIMARY CAUSES are in the places that we middle-class activists and intellectuals hate to look. Let us take a step back and see where and how Shiv Sena, Congress, BJP, MNS and other mainline political party candidates won. Understanding how the public really votes is the first step to success.

HOW THE AAM AADMI VOTES:

1) VOTING DEPENDS ON INSPIRING EMOTIONS & PRIDE, NOT REASONING. We activists and citizen candidates try to get our votes by appealing to reason. But as a group, people are emotional. Emotions translate into action, reasoning only translates into thoughts and discussion. The Thackeray family’s success and durability in politics is because they are appealing to the emotional part of your mind. Their speeches, writings and actions evoke pride and righteous anger in their target audience. They use shock-and-awe tactics. Bal Thackeray and Raj Thackeray are like Amitabh Bachchan of the 1980s and 2012; Raj Thackeray is the angry young man, Bal Thackeray is forceful old man with a lot of experience and firepower left in him. Look at the Shiv Sena tiger symbol, bow-and-arrow, flag, fortress-shaped meeting places etc. Look at the titles the Thackerays give themselves, such as Hindu Hriday Samraat and Saaheb. All of them symbolize Maharashtrian and Hindu pride. It is easy for underprivileged people to identify with them and be inspired by them. 

2) UNDERPRIVILEGED PEOPLE VOTE MAXIMUM. Whether you like it or not, the reality is that in Mumbai, the maximum votes are polled by those who feel that they are underprivileged. A very large chunk of the votes polled are shared between Shiv Sena, BJP, MNS, RPI and SP. Congress and NCP win only in places where they can provoke the minorities to come out and vote i.e. Muslims and Christians who feel exploited, underprivileged and afraid of the majority.

3) BRAND RECALL DETERMINES VOTES. People automatically vote for the brand, such as hand or lotus. Brand loyalty is very difficult to break, because it is not at the intellectual level, it is at the irrational or visceral level. For example, I feel very comfortable voting for the hand symbol even though I criticize the Congress party. It is an old habit, and very difficult to break, because I have associated some qualities (such as the freedom struggle and secularism) with this symbol that go beyond the individual qualities of the leaders or the candidates. Even if you totally convince 100 Congress voters that you are a better candidate, 80 will still put their vote on the hand, because voting for any other symbol else requires a great effort, and raises great doubts in the mind. Voting for a known brand gives comfort to the voter. As an independent candidate, you are assigned a new symbol, and that has zero brand value i.e. the symbol is not associated with any qualities in the voter’s mind.

4) 90% OF THE VOTERS REPEAT THEIR PREVIOUS ELECTION PREFERENCE. Almost everybody you know will be consistent in his choice of party. That is why each constituency has its own characteristic e.g. Shiv Sena bastion, Congress bastion etc. 

5) REMAINING 10% SWING VOTES DETERMINE THE OUTCOME. The differences in poll outcomes arise from the small minority of people who keep changing their mind every election. These are the people who are swayed by the election campaigning, press reports, sentiments etc. These are the ones who feel angry with the ruling alliance and vote against it (anti-incumbency sentiment), or feel happy with its performance and vote for it. Differences in outcomes are generally decided by as few as 2% of the voters.

6) MOST WINNING CANDIDATES BELONG TO THE SLUMS. It is very easy for Mangesh Pawar or Sonal Mhatre living in the Devipada slums or BDD chawl to ask all their friends and neighbours to come out and vote for them. Such people share a deep connect in the neighbourhood, as they dance together at weddings and Ganapati festivals. Their faces are featured repeatedly in the flex banners that are put up for festivals, Bal Thackeray’s birthday celebrations etc. 

7) FLAT DWELLERS RARELY VOTE. Even if a person living in a flat feels that you are a good candidate, you cannot count on him to come and vote for you. The reasons are (a) apathy about what happens to the country, state and city (b) lack of faith in democratic processes and systems (c) too much faith in his ability to buy his way out of difficulties with money-power and social contacts.

CITIZEN CANDIDATE IS NOT AAM AADMI…

A. CITIZEN CANDIDATE HAS NO CONNECT WITH EVEN HIS OWN NEIGHBOURS. Citizen candidates are mostly intellectuals and activists like us, living in flats. Being individualistic, we don’t act as a community; and so we find it difficult to exert moral pressure on our friends and neighbours to come out and vote as a cohesive community. Every day of our lives, we live as individuals even within our families. The up-side of being extremely focused as individuals is that we make rapid progress in our chosen professions and businesses. The down-side is that we are unable to act cohesively as a group or community.

B. CITIZEN CANDIDATE HAS NO CONNECT WITH THE SLUMS. Let’s face it, slum people don’t need our votes. We — citizen candidates — need the votes of the slum people to win any elections, but we have great inhibitions in walking onto to the slums and sitting down. We don’t like to drink the same water that they do, we don’t like the look and smell of their plates and glasses. Even if we speak fluent Marathi, we don’t speak the same language. We generally don’t know what it is like to buy grain from ration shops, stand in queues every morning to get water from the community taps, use the community toilet blocks, and live with the doors open all day so that neighbours’ children come and go freely. 

C. WE DON’T CARE FOR CIVIC ISSUES OF SLUM-DWELLERS. Very few of us actually work for getting rights for slum-dwellers such as water connections, clean toilets, etc. We don’t like to sit with them and discuss civic issues from their perspective. We don’t try to remedy the lacunae of the municipal schools and mid-day meals provided to children. They are not even number 10 on our list of priorities. 

D. IN FACT, SLUM DWELLERS & HAWKERS ARE ‘THE ENEMY’. In our eyes, slum-dwellers are the people who make Mumbai less-than-perfect. Many of us flat-dwellers hate the slums and despise the people living in slums (except for our domestic servants, watchmen, newspaper vendor etc, whom we categorize differently). As activists, we campaign for slums to be demolished, and for hawkers to be removed from the pavements. While we want the cheap services that they render in our homes and offices, we want them to turn invisible somehow. In our minds, a citizen candidate is a middle-class activist who will help us in eradicating slums, demolishing hawker stalls and making Mumbai look like Shanghai. So how can we convincingly say anything to these people?

IF WE WISH TO MAKE A SERIOUS BID FOR 2014 LOK SABHA OR VIDHAN SABHA ELECTIONS…

We will have to RETHINK OUR WHOLE PHILOSOPHY. We will have to reorient ourselves emotionally and intellectually in favour of the poor. We will have to learn to think, talk and walk as Medha Patkar’s NAPM activists do. We will have to see civic issues from the perspective of 65% of Mumbai’s population, which lives in the slums and in tiny Lower Income Group housing, buys filthy rice and wheat from ration shops, buys water from illegal tanker-wallahs by the gallon to fulfill its needs, and is forced to use unimaginably dirty toilets. 

We will have to IDENTIFY WITH THE AAM AADMI. We will have to walk a few miles in the rubber chappals of the common man, sleep in his stuffy ill-ventilated house. We will have to lose our love for air-conditioned lifestyle and internet discussions.

We will have to LAUNCH A POLITICAL PARTY that represents the interests of both the slum-dweller and the flat-dweller, and try to somehow reconcile these opposing worldviews and interests. We will have to appeal to everybody’s emotions, and not just intellect. We will have to BUILD A BRAND with the emotional appeal of Shiv Sena’s roaring tiger, BJP’s lotus and Congress’ hand. 

WALK THE TALK. We will have to be with slum-dwellers and others for at least 3-4 hours per day. We will have to build our own leadership style and personal charisma with the people we wish to make our own. We will have to EMBODY THE VALUE SYSTEM that we are offering them.

Otherwise, forget it. Let us stop confusing ourselves about who we are and what we want. Let us stay in our space as RTI activists, and do what we do best – RTIs, letter-baazi etc. It is not bad. In fact, it really is quite good. There is no doubt that we are delivering value to society in our own way. We are working for good governance from an intellectual and middle-class perspective, and that is also a necessary service to society. So why struggle to become something that we are not?

Warm Regards,
Krish
98215 88114
thebravepedestrian@gmail.com

PS: I mean no offence to anybody, and I’m not belittling anybody’s efforts. These are only views… my views. Recent discussions with friends like G R Vora, Vinay Somani and Luke Mendes have helped me form some of these views, but we disagree even among ourselves. We can’t all agree on such things, but we can use these discussions to take our next few baby-steps into the future. 

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Unsung Contemporary Heroes of India: Periodical, Website, Video-documentary & Coffee-table book

Dear fellow citizens,

The Padma awards or state-level awards will always be politically motivated. Media publicity also generally goes to those of us who have a kind of celebrity status. So, how can we put the limelight on the hundreds and thousands of unsung heroes who are daily carrying on the battle for good administration in the government offices? How can we boost the confidence and power of the DARIDRA-NARAYAN AMONG ACTIVISTS, who wears chappals and frayed shirts, and travels by crowded trains, buses and foot to meet various public authorities and appellate authorities?

For the past three years or so, I have dreamt of a magazine, website, video-documentary and book series on Contemporary Heroes of India – men and women struggling for good governance. They are not glamourous. They may be eccentrics. They may be boring because they obsessively talk about problems or public authorities. A few of them may feature in the local media from time to time, but the majority are ignored by society. In fact, their families laugh at them and dismisses them. Their contribution to system reforms is massive, but they suffer from a chronic sense of defeat. They don’t know their own value to society, and therefore they have an inferiority complex.

I have been dreaming about a project to feature such people at various scales of bigness i.e. (i) covering Mumbai activists only, OR (ii) activists in Maharashtra OR (iii) activists spread all over the country – either only metros, or also rural areas. From time to time, I have tried to get funding and project-management assistance. So far, I have made no progress.

I am now putting this idea out into public domain, because I feel that this should not remain a private idea.  I will be happy to write further details to flesh out this idea if anybody wants to use it. Also, I would be happy to patiently explain everything to any person or group who wants to do this project, either with or without my involvement in any capacity. 

PROJECT OUTLINE & BUDGETS:

A. THE OPPORTUNITY THAT EXISTS: Thanks to the RTI (and anti-corruption) movement and its inherent emphasis on the written word, an abundance of written documentation currently exists for the following: (a) SUCCESS STORIES OF CHANGE (b) EXPOSURE OF SYSTEMIC FLAWS AND ONGOING VIOLATION OF LEGAL NORMS (c) ONGOING MOVEMENTS, INSIGHTFUL & USEFUL METHODOLOGIES BEING USED FOR CREATING CHANGE THROUGH CITIZEN INTERVENTIONS (d) EMERGING CITIZEN-LEADERS AND GROUPS OF LEADERS. But these are known only to insiders, or at best, locally known. The data lies mostly in private files. There is scope to energize the RTI movement by bringing these local stories and documents into national focus, causing cross-pollination of insights, methodologies and leadership styles. This would fulfill a felt need, giving the grassroot-level RTI movement the legitimacy that it deserves by documenting the gains made in the past five years. 

B. WHAT IS PROPOSED: A small team of researchers and documenters (could include myself but not necessarily) will travel to a different centre or metropolis for 3-4 days every month, and conduct 10-12 INTERVIEW & PHOTO SESSIONS. (The people to be interviewed would have been identified and contacted weeks or months in advance.) After return to head office in Mumbai (or any other city), these interviews will be transcribed, edited, interpreted, subtitled and published in the following forms:
1) Half-hour video bulletin or documentary
2) Website content, rich in photos & content
3) Monthly Magazine (about 7,000 copies of a 48-page magazine) featuring 5-7 different activists in one metro or one district
4) Annually bring out coffee-table book (about 300 pages) on the big picture that emerges. In this book, we will draw conclusions, represent reader views, featuring officials’ responses to questions etc. 
Without sacrificing reader-friendliness, these publications would be an ongoing social-audit report – a mirror to the face of the nation. An ongoing exercise of this sort will act as a tonic to the RTI movement, and force the government to sit up and take notice. This will deliver measurable results in the seriousness with which government responds to civil-society concerns.

C. METHODOLOGY: We could interview (singly and in groups) many RTI activists in a single region every fortnight, and document along the four lines i.e. (i) Success stories (ii) chronic corruption (iii) movements & methodologies (iv) emerging citizen leaders and RTI heroes.  These interviews will be videotaped and photographed simultaneously, meticulous notes and recordings made, and copies of significant RTI documents and other findings will be collected. These will be published every month as detailed above.
Some activities should be possible without much funding, using local volunteers to coordinate. Boarding, lodging, local transport etc. can be on a shoestring budget or at the hospitality of the local activists and organizations – making them partners in this exercise, and creating bonds of friendship and trust.

D. THE SPECIFIC PROBLEMS ADDRESSED THROUGH THIS MULTI-MEDIA PUBLISHING PROJECT:
FIRSTLY, thousands of activists in urban and rural contexts are isolated in their own battles, and are suffering from tunnel-vision. They can’t see the larger context, and are unaware of being part of a larger national movement. Their struggle, filled with the weekly indignity of repeatedly visiting various authorities for information and justice, causes a sense of defeat. Their hard-won successes appear meager and inadequate to themselves, and to their cynical colleagues. Even in cases where the administration yields and makes the changes that they demand, the change-makers never get due credit. This causes a high drop-out rate and loss of faith in RTI. In a nutshell — At an all-India level, the accumulated experience of the past five years needs to be assimilated by citizenry and the body-politic. This needs to be done to enable further progress.
SECONDLY, Information Commissioners in all states have no objective and consistent source of information on what the RTI appellants appearing before them are experiencing. Also, they are not getting information on what other Information Commissioners are doing. Nodal government departments such as General Administration Department are also operating in a vacuum. Through our publication and documentary, we would establish connection with Information commissioners and the various state government organizations, by engaging them in a discussion about RTI implementation. 
THIRDLY, there is a felt need for regular objective feedback to Information Commissioners and State Government departments charged with RTI implementation. As a lot of decision-making is happening in the absence of information, civil society needs a means of consistent engagement with the government about RTI implementation. (Newspapers and TV channels do not adequately fulfill this role, because they get distracted by various scandals, and cannot stay focused on RTI and governance issues.)

E. PARAMETERS OF PROJECT SUCCESS: Project success will be measurable in terms of the following 
Increased media profile of local or provincial RTI activists 
Increased participation in national-level discourse on reforms of hitherto unknown activists
Before we start, we could have a nationwide survey about the awareness of RTI activists from other states, issues of administration in other states, optimism/pessimism about the possibility of better governance etc. This survey can be repeated after six months to measure how RTI activists’ awareness of non-local issues and citizen leaders rises, and how optimism improves. The survey can also measure the sense of legitimacy and self-worth of RTI activists and whistleblowers. These ratings can also be published to establish a positive feedback-loop.
Another sort of survey could be conducted among employees of local self-governance organizations, to measure their perceptions about RTI activists on a positive/negative scale.
Surveys can be conducted by using local volunteer rewarded with a fairly substantial honorarium.

F. BUDGET ESTIMATE: These are ballpark figures based on my professional experience of 20 years and knowledge of the markets today.
Salaries of five persons Rs 3.5 lakh per month 
Inter-city travelling costs: Rs 50,000 p.m.
Local travel costs, boarding-lodging, honorariums to volunteers, miscellaneous – 
Rs 50,000 (Can be supplemented through donations and community participation) 
Computers, video-cameras, still cameras & other equipment – Rs 50,000 per month assuming that we rent rather than own the equipment.
Office cost – Rs 75,000. (Office rent can be minimized by locating in the outskirts of the city. Tele-commuting and informal arrangements to be used, or office space in more central location for occasional use can be borrowed from friends. Maximise community participation in this.)
Website costs – Rs 15,000 p.m.
Printing, publication and distribution cost of monthly bulletin (about 7000 copies) 
– Rs 2.5 lakh p.m. 
Printing, publication and distribution cost of 5000 copies of hardbound coffee table book to be brought out at the end of the year – Rs 1 lakh p.m. (apportioned over 12 months)
TOTAL – About Rs 8.5 lakhs per month.
(Please note: 
This is NOT A SHOESTRING BUDGET, which is normally expected of an activist. In fact, this is a budget where all the PARTICIPANTS WILL BE WELL REWARDED FINANCIALLY, AND ENJOY GOOD FACILITIES. 
Yes, it may be possible to execute this budget on a smaller, tighter scale with funding support of Rs 4 lakh per month, or even less. But if we try to do it with much less, I foresee a continuous struggle to balance our group and individual finances. It is difficult to keep competent people motivated on shoestring budgets – possible, but difficult. I would not want to do that.
The typical NGO style of functioning — motivating employees to accept daal-roti salaries and virtually take an oath of poverty — requires personal charisma, manipulative capabilities and leadership qualities that I don’t possess. So, after several revisions, I have scaled up the projections to a comfortable level.)

G. REVENUE STREAMS: The above costs will be partially offset by (i) bulk sales of copies – minimum batches of 20 — to local activist groups featured in the magazines (ii) subscription sales (iii) Stand sales (iv) Soliciting donations (v) Ad support from NGOs (vi) Corporate ad support (vii) support from CSR budgets of numerous companies.

H. REASONABLE PROJECTION FROM A SPONSOR’S POINT OF VIEW: Monthly expenditures in initial months may be on the higher side. However, if we create good value perception in the first 3-6 months, net outgoes may fall in later months as community participation and various revenue streams get started. Projected annual outgo in the first year even after including ad revenues & stand sales: Rs 80 lakh 

I. WORST-CASE SCENARIO: Suppose a sponsor gives us a bulk amount of, say, Rs 60 lakhs; he tells us to do or die within this budget. Suppose we exhaust this budget in, say, 5-6 months and fail to find another sponsor. And suppose we fail to mobilize enough revenues. Even if we close down the project after 6 months (i.e. publishing six issues of the magazine, video-bulletin etc.) huge value for society and measurable results would have been created in terms of documentation. It would cause an increase in national-level consciousness and elevate a fresh cadre of anti-corruption leadership from the local and regional level to the national stage. 

J. BEST CASE SCENARIO: The best that we can hope for is that this documentation exercise attracts support and participation from citizens, private foundations and maybe even government agencies that start seeing the benefits and want to partner us. Also, substantial revenue streams such as advertisements and CSR support starts flowing in. This gives us the means to grow the size and scope of this exercise, and make it a permanent project. The anti-corruption movement would gain new vigour and strength, feeding off the new consciousness. 

My feeling is that consistent feedback given to Information Commissioners, Central and state governments can create attitude changes and self-correction in implementation of Right to Information and anti-corruption measures at various levels. Also, the self-confidence levels of civil society will be a lot higher after 50-100 citizen heroes are brought into well-deserved limelight over the span of some months. Therefore it is worth doing.

But you tell me: Are the projections realistic? Is the project doable? Think about it and let us discuss.

Warm Regards,
Krish
98215 88114
thebravepedestrian@gmail.com

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For voters’ understanding: Inconvenient Truths about Party Candidates, Citizen Candidates & Independents

Dear fellow-citizens,

With election campaigning in full swing, political parties and candidates of various kinds are projecting themselves in an idealistic light and coming to our doorstep. But let us be clear, elections are not about idealism. People driven by ideology are in a minority when it comes to contesting elections. A majority are driven by ‘realpolitiks’. 

So, amidst all the shouting and campaigning, let us and take a long hard look at the realities around us. Let us analyze the meaning of voting for: 

1) independent candidate
2) ‘citizen candidate’ put up by a ‘citizens platform’ like Mumbai 227
3) candidates of a ‘citizens party’ like Loksatta
4) ruling party candidates
5) opposition party candidates
6) regional / sectional parties like Dalit parties, Shiv Sena, MNS etc.
7) fringe parties and leftist parties

Here are some inconvenient & unspoken truths:

A PARTY CANDIDATE is subservient to his political masters who gave him the election ticket, and to the businessmen who are providing him black money, vehicles, premises and manpower for campaigning. A party candidate is not like any ordinary citizen. His thinking and speech are not truly free. If he is in Shiv Sena or MNS, he pits the interests of Marathi manoos against others like North Indians living in Maharashtra. If the same man moves to Congress, he talks in a secular or pseudo-secular way. If the same person goes to BJP, he starts sounding like a votary of Hindutva. And no matter what his party affiliation, he is the friend of anybody who gives him money, influence and power.
A party candidate is not a person who obeys his inner conscience. Inner party politics conditions him to be a party karyakarta or party-worker. In party politics, only the topmost people are netas. Netas are allowed to exercise their mind, subject to the pleasure of the topmost authority. Karyakartas are only allowed to exercise their loyalties, not their minds or their right to free speech. (Exercising your right to free speech can get you thrown out very quickly).
A party candidate is grateful and subservient to his political masters, but he will also be treacherous and cunning. The atmosphere within parties is like that of feudal Mughal or Rajput kingdoms; the only way to rise to the top is to kill (figuratively speaking) your own brothers, jail your father, betray your close friends and make secret deals with the enemy. 

The candidate of MAINSTREAM POLITICAL PARTIES (Congress, NCP, BJP, Shiv Sena & MNS) is a master of manipulation and string-pulling. If the candidate did not have expertise in climbing over the heads of other people, he wouldn’t have got the party ticket. He/she is an accomplished liar, far better than his competitors. If he promises you anything, rest assured, it means absolutely nothing. The only promises that he will possibly honour are promises to his political godfathers and also campaign-fund-providers — cash-rich hoteliers, builders etc.

The SHIV SENA & MNS candidate has a history of violent behavior and unlawful assemblies. Defending the rights and honour of the son-of-the-soil is an excuse for mobilizating mobs, usually from slums. SS and MNS have their place in the sun only because of their divisive agenda and unlawful behaviour. Fear is their chosen instrument. For decades, they have made local Maharashtrians feel like underdogs, and provoked unthinking masses into acts of mob violence for ‘defending their rights’. Fed with tales of Shivaji’s valour, your friendly neighbourhood Shiv Sainik candidate justifies violence and aggression. He is not a peaceful and democratic man who likes dialogue and discourse. He may have a deep-seated contempt for both the naïve Marathi monoos who takes his promises at face value, as well as ‘outsiders’ towards whom he is courteous because he wants their votes. 
In the party office discussions, the party’s election strategists have analysed each segment of his constituency and each building, drawing distinctions between Marathi brahmins, lower casetes, UP-bhaiiya, Gujarati etc. These distinctions are deeply etched in the candidate’s mind. So, when he approaches you on his house-to-house rounds, please remember: in his eyes, you are not a citizen of India or of Maharashtra, but a Maharastrian or non-Maharashtrian, Brahmin or non-Brahmin, Hindu or non-Hindu. (This is also true of dalit parties such as SAMAJWADI PARTY and BAHUJAN SAMAJ PARTY. In varying degrees, this holds true for all parties, including Congress and Nationalist Congress Party.)
Please remember why your Sena candidate has got the ticket; it is not for being a good and peaceful citizen. Chances are, he has got his ticket as a reward for organizing acts of political terrorism such as blackening the face of a school principal, smashing up the office of a newspaper editor, burning buses and cars on the street, or beating up shopkeepers who defy bandh calls. Or he has got the ticket for being unquestioningly loyal to the Thackeray family. There can be no third reason.

BJP CANDIDATE sees the electorate as saffron and non-saffron. In the war-room discussions before setting out for campaigning, the BJP cadres study and classify neighbourhoods and individuals in terms of their Hindutva-quotient. They qualify people as hardcore Hindu voters, soft (secular) Hindus, soft minorities e.g. Christians who may vote for BJP, and fringe (‘secular’) muslims, who may vote BJP. 

CITIZEN CANDIDATE is probably naïve and uninformed. He is like a non-swimmer thrown into the deep end of the pool. The citizens’ platforms that have encouraged him to jump into the fray may have equipped him with just enough information on how to get into the water; they may have not have had the time to actually tell him how to swim. On the positive side, however, he has good intentions and a conscience. He is not answerable to any political master, and he is not manipulative. So, if he gets elected, he may mature into a good politician with some encouragement and hand-holding. But has he previously even thought about the nation’s problems, or even his neighbourhood’s civic problems? The answer may greatly vary from one candidate to another. In many cases, the citizens’ candidate is basically motivated by money and power like everyone else.

CITIZENS’ PARTY (e.g. Loksatta) candidates are not necessarily different from Citizen candidates. They too have been fishing in the same pool of citizen candidates, and have picked up some candidates very late. So, there isn’t too much difference. Does the candidate understand the nation’s problems? Maybe yes, if they have picked a genuine activist. However, if the candidate has emerged from the ranks, all the shortcomings of a Party candidate may apply to him i.e. he may be a loyal party animal, an accomplished liar and manipulator etc.

INDEPENDENTS are not necessarily honest; many of them are SPOILERS. Their motives for standing for elections may be dishonest e.g. splitting the vote of a stronger candidate, or extorting money for withdrawing nomination. In some constituencies, there are scores of independent candidates, and most of them are not naïve and clueless aspirants. Minority candidates especially, with caste-specific or religion-specific names (like Sawant, Jadhav, Parmar, D’Souza and Syed) may be there to eat into the vote-banks of genuine candidates. Some such candidates withdraw after being paid off by the genuine candidate or his party. The transaction may be a few lakh rupees, or more.

PARTY-SPONSORED SPOILERS are independent candidates propped up by political parties. For example, BJP-Sena may sponsor Khan to divert Congress votes. Congress may retaliate by sponsoring a Khanvilkar to steal their votes. Then they may enter into negotiations – you withdraw Khan and we will withdraw Khanvilkar.

REBEL CANDIDATES are usually those who were not given the party ticket. They contest as independents only to break the votes of their rival candidate who got the ticket. Such candidates don’t fight to win, they fight to make their partymen lose, and to divert the energies of their party workers during the election campaigning.

PROXY REBEL CANDIDATES are propped up by disgruntled partymen. Some independent candidates are secretly propped up by rebels, or by political parties themselves, to break the vote banks of rival political parties.

BJP-SENA SEAT-SHARING FALLOUTS are proving costly to both BJP and Sena. In constituencies where, say, the Sena candidate has had to stand down in favour of the BJP candidate, he may be working to make the BJP guy lose. To make this happen, he secretly campaigns against the BJP candidate, by mobilizing his supporters in favour of one or more rival candidates (independents or otherwise).

MAHARASHTRA NAVNIRMAN SENA candidate is there to make the Shiv Sena candidate lose by dividing Maharastrian votes. He is not there to himself win. This is an open secret, and the partymen are themselves saying this. In this sense, MNS is a spoiler party.

Elections are full of these undercurrents that voters are ignorant about. The raja-praja mindset is nurtured in the political parties – the training ground for our future legislators and municipal corporators. In every political party, karyakartas exactly follow commands blindly - duty without authority. Netas can’t stomach any other sort of equation. And sadly, the political class as a whole – whether neta or karyakarta – has scant respect for civil society, whom they perceive as naïve and uninformed. They do not consider We The People as rulers, and themselves as servant. They consider themselves as rulers; we are just there to be fooled and exploited by them.

During the campaigning, it may seem as though the campaigners and candidates who come to your doorstep with folded hands hold you in high esteem. That is an appearance; don’t be fooled.

We The People have no choice but to vote. But let us vote without being under illusions, with our eyes wide open.

Warm Regards,
Krish
98215 88114
thebravepedestrian@gmail.com

Posted in Activism, Governance & Administration, Our Future, Philosophy, RTI Act 2005, Right to Information.

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Activism, Heroism and a Puppy named Bolt - What India needs today

Dear friends,

Yesterday, I saw a movie about a puppy named Bolt, who is conned into believing that he has super-powers that he uses for protecting the little girl who owns him. Midway through the movie, he realizes that he has no super-powers; he is just an ordinary, helpless puppy. He feels crushed by this realization. 

So Bolt faces a choice: to quit? Or to believe that he is still a hero, and keep struggling against the forces of evil?

The thought that his little girl still needs a hero helps him make the right decision: keep fighting.

I think we activists face the same choice. India needs a hero; are you willing to try? Am I willing to try?

Yes, we are not cut out to be heroes. Yes, as individuals, we are full of weaknesses and limitations. But India needs heroes now. She cannot wait another 10 years for someone better to emerge. You and I are the only ones currently available. So we will have to say, “My motherland needs a hero. Yes, I shall be that hero, although I am weak, fallible and maybe even helpless.”

We are trying to improve governance with RTI applications, PILs, advocacy, letter-baazi and other methods. Sometimes we feel that our actions are powerful. We feel confident and courageous.

And at other times, we are crushed by the realization that our methods are inadequate, our actions are weak, and we are helpless in the face of a gigantic corrupt system. And then we say to ourselves, “Oh, forget it! Activism doesn’t work. So let’s just return to living our ordinary lives, and forget about the nation.”

I have had such moments lately. Overwhelmed by my own limitations — the many promises that I make to myself and others, but fail to keep – I sometimes think such thoughts. I think about withdrawing into my own private space again and gradually disappearing from the activist space.

My re-energizing moment - Picking up shit from the road

I want to share with you what happened on Friday morning, about 8.20 am. I was on my way to giving my weekly classes on ‘Creative English & Editing’ for Second Year law students at Vile Parle. In my bag were 4-5 old newspapers — discussion material. After getting off the suburban train and climbing the skywalk, I had a prayerful thought: “God, take my hand, take my mind, make me serve. Tell me clearly what you want. I’ll do it, I promise.”

Minutes later, at the other end of the skywalk near SV Road, I saw a large lump of shit. I saw it and passed by. And then I passed by a fallen piece of paper. I then knew what I must do. I picked up the paper, went back to where the shit was, picked it up neatly and put it into a large empty flower pot by the side – out of everybody’s path. 

I felt happy. I had prevented the shit from spoiling someone’s day. If the shit had lay there long enough, a few people in the crowd would surely have stepped into it, and then walked, leaving a disgusting trail, for at least half an hour. Maybe they would have gotten into a rickshaw or train and ruined other people’s morning. Maybe they would have walked into their offices, and struggled in the washroom for half an hour to get the disgusting stuff out of the treads of his shoes. Or – if it was a businessman with an appointment – he might have cancelled it and just gone home to deal with the mess.

I felt energized. I had made my country and my city a bit better. And it was easy. I could do it, alone, quietly.

I thought about the previous day — Republic Day – when I had not done one single patriotic thing. Not one. I had not saluted a flag, not bought a flag from a street kid, not even watched the parade on TV, and not heard any patriotic songs by Lata Mangeshkar and Mohammed Rafi. I hadn’t even thanked anybody who sent me Republic Day SMSes. But today, I had justified my existence to my country and my beloved Mumbai.

Shit versus Personal Honour

However, as I turned the corner and neared the college gate, happy and self-satisfied, there it was again. More shit, a few metres from the college gates. Three or four large lumps of what looked like dog poop, right where people would walk.

Now I was in a quandary. Should I or shouldn’t do a repeat performance? I could easily ignore it and walk around it; after all, that’s what everybody else was doing. And why was it my problem? It was not. It was the job of the municipal cleaners, who may have come in half an hour. Or maybe they had come and gone, and this was fresh poop.

Some of the students walking in might be in my class. What would they think or feel, if they saw me bending and picking up poop with newspapers? Would they still respect me? I wondered.
I could not just walk away from it. I had no excuse; I was carrying a bagful of old newspapers that I could tear up and use.

And so, for the second time that morning, I picked up poop from the road. This time, I threw it into a corner where nobody would walk. 

My conscience as well as my hands were completely clean when I went up to class. We read 3-4 news items from the papers, and wrote about them. And then, near the end of our two-hour class, I told my students about my activities that morning. Going into flashback, I also mentioned how an activist friend – Vinita Singh — had scolded me over the phone, making me pick up my own dog’s shit from the road many, many months ago.

The collegians found the whole thing yucky, inspiring and hilarious… and yucky! 

After we all had a good laugh together, and all the jokes had subsided, I asked them to write about it in any way that they wanted to. I explicitly gave them permission to make it a joke at my expense, or a fictionalized story or a factual account – anything they felt like doing. 

Here are the pages from their notebooks:  http://tinyurl.com/Students-on-shit-picking 
I think they were definitely more witty and creative than usual. The headings are priceless!

Expressing our freedom with small acts of service

It’s not only about shit on the road. It’s about a lot of other things as well. There’s a simple way to improve our country, and it does not involve any special knowledge or skills. It’s by being alert and answering the call to action every time we hear it or see it.

Every now and then, driving along the highway, I see a rock left by a trucker who drove away after using it while repairing a punctured tyre. Or I see a divider block that has fallen onto the road. 

Seeing this, I curse the carelessness of others, and drive on. And then I wage an inner battle. Sometimes – and not always — after driving a kilometer, I tell myself that I too am equally careless. Because of my carelessness in letting that stone just lie there, a motorcyclist may have a bad accident while trying to avoid it in the darkness. I visualize his mother, his wife and his children after the accident. And knowing that I cannot face his family members if I have to, I take a U-turn and return to the spot. I roll up my sleeves and do the job that I wish others would do. I take the stone out of the way of motorists.

Sometimes I see drunkards lying with their arms and legs on the road, in the path of traffic. And I realize that it could easily be… God forbid, my father, my son or myself. (No, we don’t have drinks in our family, but that’s only by the grace of God.) And so I lift that person out of harm’s way, and make him lie down in a safer place. Yes, it’s a dirty job because drunkards lie in their puke and piss. But having dirty hands won’t kill me, but a dirty conscience might; I don’t know how to live with the thought that the person I ignored had his foot crushed under a car.

So what am I saying here?

What I’m trying to say here is: Let’s not get too caught up with the methods of activism. It may be RTI, PILs, letter-baazi and petitioning, agitating on the road, organizing dharnas and morchas, fasting, public meetings or whatever. It may be all of those… 

Or it may be none of those. I think our power to change the fortunes of India comes from our ability to do a job – not because it will bring us honour and fame, but because it needs doing. Life gives each one of us opportunities to be heroes many times over in our lifetime. It gifts us the opportunity to save many lives by just moving a rock out of the way. 

Yes, we will ourselves never know how many lives we saved, and how many tears we wiped by preventing the bad news from happening… and maybe that’s for the best.

“Ask not for whom the bell tolls,
It tolls for thee.
Now this bell tolling softly for another,
says to me, Thou must die…

No man is an island, entire of itself; 
Every man is a piece of the continent, a part of the main. 
If a clod be washed away by the sea, Europe is the less…
Any man’s death diminishes me 
Because I am involved in mankind; 
and therefore never send to know for whom the bell tolls;
it tolls for thee. . . .

- from Meditation 17 by John Donne

There is anonymity and humility in such activism. There’s no reward for our ego, no Padma awards and recognitions, no newspaper reports. Just quiet self-satisfaction for the soul, and the knowledge that when I was called to serve, I served. Isn’t that wonderful?

Warm Regards,
Krish
98215 88114
thebravepedestrian@gmail.com

Posted in Activism, Governance & Administration, Our Future, Personal, Philosophy, Poetry, Prayers.

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