'Right to Quality Civic Infrastructure' as a fundamental right

This is a reproduction of the petition I published today on Change.org. For once, I'd be happy seeing more signatures on the petition there than seeing likes on my post here :-) - Happy Independence Day to all my compatriots. https://www.change.org/p/prime-minister-of-india-include-right-to-quality-civic-infrastructure-to-the-list-of-fundamental-rights

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I was pleased when my city figured in the 100 shortlisted during the stage-1 of recently launched Smart City Mission. I was baffled though when I realized that this 'smart upgrade' is primarily about attempting to implement the following 'features'

• Adequate water supply,
• Assured electricity supply
• Sanitation, including solid waste management
• Efficient urban mobility and public transport
• Affordable housing, especially for the poor
• Robust IT connectivity and digitalization
• Good governance, especially e-Governance and citizen participation
• Sustainable environment
• Safety and security of citizens, particularly women, children and the elderly
• Health and education

Wait, aren’t the above 'core infrastructural elements' as labelled in this self acclaimed 'bold, new initiative' in reality the default amenities any tax-paying citizen would/ should expect?, let alone one living in a city but even by those in a town or village?

As I reflected deeper on this apparent irony, I realized how in the past 44 years of my existence I haven’t yet once walked around my house without getting depressed about the apathetic layout, bad roads, lack of usable footpaths, absent green lungs, unreliable garbage & sewage management systems and the general lack of finesse around where I live. My childhood optimism that things would greatly improve when I grow up was shattered when I found out in a recent visit that my native town is a far worser dump than it was a good 30 years ago!

It's clearly not a lack of ideas nor a paucity of requisite engineering capability to develop infrastructure at par with world standards, a fact clearly demonstrated by the amazingly executed projects such as Bandra-Worli Sea link; the Pir Panjal tunnel dug through the Himalayas; the multitudes of express highways such as the fully elevated one between Mumbai, Pune; the top-rated airports & terminals operational in Hyderabad, Bengaluru, Delhi, Mumbai et al. As a highway commuter in India, you wouldn't want to reach the destination too soon, the infrastructure within the destination invariably is always a let down - This dichotomy is perplexing.

This dichotomy isn't limited just to civic v/s high-way infrastructure. All the governments over the past seven decades have created & nurtured a class system of human habitats across the Indian republic - consider the following;

• Between urban; semi-urban and rural centers the quality of civic infrastructure is tellingly different from being inadequately maintained in urban centers to shoddily executed in semi-urban to non-existent in the rural habitats
• Within a city there are pockets that are highly developed while some are semi-developed and some are completely ignored for example the sheer difference in the layout and upkeep of Lodhi Estate v/s Shahdara in N. Delhi; Banjara Hills v/s Nallakunta in Hyderabad; Bandra Bandstand v/s Dadar in Mumbai et al. The difference in the amenities in the elite v/s middle-class localities is shamefully blatant - It's as though one has to pay a price for not being economically strong enough to acquire property in a posher locality. This discrimination doesn't make any sense considering the property tax collected so aggressively by the civic administration is calculated and charged using the same unit rates across all localities, elite or otherwise.

I am not sad anymore, I am now furious with this senseless state of affairs. I think I am as entitled to good civic infrastructure as the denizen of any other developed country is. As a citizen of India I believed it’s my right to be provided enabling civic infrastructure.... Or is it?

Propelled by this desire to better understand my entitlements as an Indian citizen I looked up for supporting information only to realize that;

The word “infrastructure” occurs just twice in the Constitution of India......

…….quite innocuously only in context of a district &/or a metropolitan planning committee preparing a ‘draft development plan’ and submitting to the GOI. (Ref: Part IXA.—The Municipalities.—Arts. 243ZB—243ZD.)

Neither the fundamental rights nor the directive principles touched upon this aspect in any specific detail.

I do understand the times were very different when our sacred constitution was drafted, adopted and enacted. I fully comprehend the fact that all aspects covered under fundamental rights and directive principles were of paramount importance for a nation that just liberated itself from alien rule & as a diverse people that were yet to get the full import of governing themselves and in understanding what it actually takes to behaving as a sovereign socialist secular democratic republic.

Sixty nine long years hence though the rights as perceived by an average globally-aware Indian citizen are far more evolved though not very frequently voiced. A mere ‘right to life’ won’t suffice no more, there has to be necessarily a ‘right to a right quality of life’.

Even if as a symbolic gesture towards triggering an attitudinal change that we so badly need to make, I as a citizen of India request the prime minister of India & ‘the state’ (as defined in constitution of India) to initiate an amendment to the constitution that;

1. Expands the list of Fundamental Rights by including of “Right to quality civic infrastructure”
2. Expands the bandwidth of Directive Principles to reflect the above inclusion as a necessary duty of the state
3. Expands the scope of Fundamental Duties to make maintenance & upkeep of civic infrastructure as much a duty of the citizen as it is of the state

Let's give the rational & ambitious gen-Y of our country a more compelling reason to be proud of their country than continuing to burden them with an expectation of unquestioned nationalistic pride.

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I request all my fellow citizens to support this petition by signing it (& sharing it on their social networks) thereby making a meaningful impact on the 69th Indian Independence day!

The cat's on the prowl

First published on Linkedin on 10 July 2015

On 9/11/14 I published a rather longish speculation on Calico.

Almost an year since then, while nothing earth shattering some serious stuff is surely happening at Calico.

Towards making its journey to tackling ageing a smooth affair, Calico has started to identify some fun-n-fit travel-mates, hoard the essentials, chart-out the best road to take & mark-out the detours to make.

• Partnered with The Buck Institute, which is the foremost Geroscienceinstitution & works on aspects as diverse as understanding & altering neurodegenerative processes; Dietary Restriction as a way to modulate ageing to pinpointing Stochastic aspects of cellular degeneration.
• Collaborating with UCSF primarily on their focus area on understandingIntegrated Stress Response (ISR)
• Partnered with Q3B, which is pursuing the biomedical promise by way of seeding dozens of start-ups in its incubators
• Collaborating with Broad Institute that’s crisping up the human genome by resolving the operational portion of it & importantly is developing a new way to discover & re-purpose drugs

The above partnerships are a mix of investment into longer-term scientific breakthroughs and shorter-term stake in innovative biomedical start-ups challenging the routine (Q3B) and showcase Calico’s adherence to its core purpose. But looking at the high focus on neurodegenerative research at Buck Institute (6 out of 9 research components) and UCSF, it's likely the first milestone Calico wishes to reach is tackling cognitive decline linked to ageing.

Make it fast Art, age is catching up!

Don’t serve noodles al Dente

Like for most of my generation & the later ones, Maggi has been an integral part of my growing up and I felt it’s my nostalgic duty to put up a defense in favor of its beleaguered maker. However as more details started emerging, it became clear to me that an outright defense will be an aberration. So here I go serving up a steaming bowl of instant wisdom to Nestle.

React don’t respond

When trust issues like these crop-up, a quick reaction from the effected brand, however half-baked, will still help assuage the consumer fears than a measured but delayed response would – a typical consumer will only view this time-lag as hesitation (stemming from guilt..) and hence lose faith.

Now again, even this measured response shouldn’t come across as an ill-articulated stand that raises more questions than it answers. CEO Paul Buckle says “Nestlé’s safety measures and standards are same all over the world” - Safety measures, perhaps yes but this statement can’t be factual when it comes to standards as these can differ depending on the market – If Paul meant to say Nestlé’s compliance adherence is the same all over the world, he should say that. This clarity becomes that much more significant given the lack of clear-set of applicable standards in the Indian context & hence one sees FSSAI oft-quoting FDA while interpreting various facets of the results.

Screw brevity, be verbose

Any attorney worth his salt will vouch for the fact that there are no short cuts to drafting safe harbor clauses & the more verbose; the lower is the chance of it being interpreted unsuitably.

It’s perhaps not a lie when Nestle says ‘No MSG added” & it is absolutely possible that the proteins within the noodles & taste-maker put together can throw up a peak for glutamic acid on the chromatogram. But considering FDA clearly considers this label as misbranding and as misleading the consumer, Nestle should’ve used some discretion and printed a more elaborate disclaimer to the effect

‘No MSG has been added to this product during manufacture. It is however possible that the product does contain trace quantities of Glutamic acid that occurs naturally in many proteins’

Challenge the rulebook, but before breaking the rule

I believe there is some merit in Nestle contesting the test method(s) used by FSSAI et al to ascertain lead-content in Maggi and its good they want to ‘engage with the authorities’ on the same. Why wasn’t this done early on Paul? I’m sure the inadequacy of the method prescribed by FSSAI &/or BSI was crystal clear to Nestle for over two decades as compared to their probably superior internal STP – what’s the consequence of talking about method integrity after failing?

It is also a valid contention that applying lead-limit set for noodles to the separately-packed taste-maker isn't logical and that it should be sufficient if the combined ingredients meet the limit. But again it's not clear why Nestle chose to ignore this potential risk of regulator considering both as separate products while enforcing limits.   

Finally, isn’t it a regulatory thumb rule that in order to comply with a specific standard, product should be tested using the prescribed method of the regulator & not by the manufacturer’s internal method?

Don’t serve noodles al Dente

That’s for pasta. So rather than quoting technicalities, tell the consumer clearly what they can expect and expect consistently. The consumer deserves to know that your latest variant is approved or if it is still a test marketed item.

Trusted brands need to work on keeping the consumer trust – it’s a double edged sword. No company let alone a top brand like Nestle can afford to get complacent in any market about quality, compliance and transparency however lackadaisical the enforcement is &/or however half-aware the consumers there are of their rights - This is tantamount to a brand-harakiri & for no noble purpose either.

A final dash of taste-maker

Since my intention was a defense to start with I would still close it thus – I believe Nestle has the requisite stature, maturity and still sufficient consumer trust to pull itself up from this mess and shine again.

This war-on-Maggi by the Indian regulators will hopefully stir other slumbering giants in food & pharma industry who have gotten used to using the Indian regulatory lacunae & its ineffective enforcement to their advantage and instead start prioritizing consumer interest above all.

As for the warring lords in the Indian regulatory arena, my appeal is three fold

• Keep up the heat and not just on Nestle
• Demand compliance but only after setting & implementing standards
• Let science prevail not sentiment

Wake-up and smell the soup!

Post thought - 08 June '15

It's imminent that the Maggi saga will rake-up a huge public debate with respect to the general quality of the mostly uncontrolled unprocessed food out there in India. While this sounds great, I’m worried this unplanned extrapolation may bloat-up the debate & dilute its impact.

Before throwing in unprocessed food into the simmering pot of processed-food debate, it should be noted that the challenges with unprocessed foods are a very different devil and it's more an public distribution issue while Maggi noodle fuss is all about enforcement & adherence to quality standards for processed food.

Also, this is a more immediately addressable consumer rights issue as problem with quality of processed food amounts to a breach of contract between seller/ maker & buyer/ consumer. A much complex scenario however will be in play for unprocessed food where such clear definition of roles isn’t easy and the debate cannot solely happen on the merit of what an end-consumer expects.

For the sake of efficiency I think it'd be ideal for regulators & activists alike to channel the current enthusiasm towards addressing the gaps in processed food segment first - else it could be a classic case of biting off more than one can chew.

The Negative yield ecosystem

   In the Fynbos shrub lands of South Africa, an occasional forest fire is essential for survival of majority plant species there since their seed is released from its woody encasement only after being burnt (obligate seeders). By analogy, the on-going negative yield inferno that’s rapidly destroying investor wealth too may crack open a few seeds of hope and redemption - The core assumption of a fiscal conflagration ecosystem.

Unlike in a natural phenomenon though, any positive outcome from this dismal fiscal scenario has to be necessarily a derivative of human behavior in face of risk. The Prospect theory explains this when it says ‘the decision makers will be risk averse when choosing between gains and risk seeking when choosing between losses’ – This could mean the investing universe over next few months (& once the ECB buy-back bubble in 2016 too is suitably burst…) would stop sinking more money in government, sovereign bonds and look at riskier options like equity that don’t at least start with a chilling promise of sub-zero return – many articles like here, here & herecovered this possibility quite convincingly.

But again, just as forest fire burns down dry tinder first & then progressively dehydrates and engulfs vegetation that was relatively less-drier & safer before, the investors’ new found appetite for risk gradually could expose the relatively self-correcting equity and other asset classes to the risk of long-term under performance. While this eventuality may not be completely unanticipated by the investing junta, the reason why they’d still ignore it in the shorter term once again is explained by the prospect theory’s ‘reference level dependence’ characteristic, whereby a poor performance of a much riskier equity investment would still look eminently better than a known negative yield of a bond.

So if it isn't even equity, what seeds of hope would crack open?

In their quest for the feel-good investments, it is likely the investor interest in PE will spike in the short to longer-term. This expansion of the PE pie will of course be helped by its historically steadier IRR as compared to other asset classes (@ annual return of 15% calculated across 10 years)

While any such incremental flows into the PE may still be a blip compared to what’s at stake in traditional asset classes, considering the critical nature of capital availability in building/ growing companies that’d eventually feed the future equity market, I’d think Private Equity in its glow of new found investor love will turn out to be the quintessential seed that’ll regenerate the fiscal ecosystem.

Well it just might be that the hot winds of negative yields could prove a windfall for the VCs & FoFs currently raising funds.

#TheDress gave me #EcomStress

White n gold?

.....I tentatively responded when my sister shared the now viral picture of #TheDress. I soon realized I was the odd ducky (in my sister's words..) in a family/ gene-pool that firmly stood behind the blue n black verdict.

It wasn't the dearth of any other more-pressing topics to deal with (like my brand new car's freshly smashed front bumper) but I too rapidly contracted this abundant online virus and embarked upon a quest to prove to myself (and to my sis’ n others...) the correctness of MY color perception, only to realize that I'm barking up the wrong tree this time around - National Geographic, Dailymail, Wired, ScienceDirect all said the same… damn! No amount of coaxing could make my retina change its perspective nor my brain it's opinion.

Even as I started bothering myself less and less about what made my brain/ retina perceive the blue as white & black as gold & made me a color-duh, I decided I will never ever trust myself again with online purchase of clothes.

Amazon, the loss is yours and yeah do blame Facebook & Google for it!

What about these anomalies Mr Jaitley?

Since it is such a polarizing issue right now, it’d probably help to make my position clear upfront - I believe that in order to achieve industrial &/or infrastructural development, land acquisition is a necessary evil any country would've to learn to deal with & any amendments made to the law by a pragmatic regime towards making acquisition easier shouldn't necessarily make the exercise anymore capitalistic than it already is.

Having said that, a brief review of the key changes proposed through “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015” indicates that certain overtly simplistic assumptions were made while proposing the amendment & buried amidst all the text is an unhappy irony;

AMENDMENTS

Exemption of five categories of land use: (i) Defence, (ii) Rural infrastructure, (iii) Affordable housing, (iv) Industrial corridors, and (v) Infrastructure projects including Public Private Partnership (PPP) projects from key provisions thereby making the following possible;

• Land acquisition can be initiated even when an overwhelming majority (say 99%..) of the land-owners of the region are against it
• No social impact assessment needs to be conducted by the mega corporations (public, private & PPP) proposing these mega projects falling under the above categories
• Unlimited acquisition of irrigated multi-cropped land

The provisions governing the return of unutilized land expanded (from the earlier unutilized beyond 5 years clause) to make it possible that;

• Any entity (not just the above five categories) can hold-on to the land for a long duration by merely stating upfront the estimated time of it being not utilized (say 10 years..)

Amendment to include/ make possible acquisition of land for private hospitals and private educational institutions

ASSUMPTIONS

That any project that can be interpreted, even if remotely, as nationalistic is automatically deemed to have a higher purpose and hence need not seek mundane clearances

That the project being a PPP makes it automatically beyond review &/or reproach

That reassigning irrigated crop-lands for the above categories is much more justified than say, for assigning them to a seed processing center

That there is no inherent malintent in an entity that wants to possess land (crop-land, barren otherwise..) but keep it unutilized beyond five years

THE IRONY

It so appears that a company like Finmeccanica* aiming to set-up a Torpedo manufacturing unit in Assam can get its 1000 acres of land on a platter while a Sankara Nethralaya* wanting to set-up a 100 acre campus in Noida may have to do a full-fledged social impact assessment at high cost and invest in a long-drawn negotiation exercise to obtain consent from 80% of the highly realty-savvy land-owners there. (*just to illustrate the case, not real investments)

For me the most glaring aspect here is the casualness with which SIA is eliminated for all mega projects that actually can impact and alter a social ecosystem AND the inexplicably negligent approach of not wanting to limit conversion of fertile crop-lands to industrial campuses.

Even if the purported anarchists; pseudo/ neo-socialists are ignored & even if the finance minister is indeed justified in claiming the amendment only corrects the anomalies left out by UPA in the 2013 bill, the government should still explain the above 'new anomalies' introduced by them in the proposed amendment before steamrolling the bill through to legislation.

After all, acche’ din (good times) need a saccha irada (noble intention) to ride-in on.
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Update 12th March 2015

Even as the bill got passed, the amendments made/ circulated on 09th march give some comfort that there's a conscious attempt at correcting the above anomalies I pointed out.

The anomalies (of earlier draft) & corrections of 09th March (in itlaics):

Land acquisition can be initiated even when an overwhelming majority (say 99%..) of the land-owners of the region are against it

• The amendments state that the LARR Authority must hold its hearing in the district where the land acquisition is taking place, after receiving a reference from the Collector and giving notice of this reference to all concerned parties

No social impact assessment needs to be conducted by the mega corporations (public, private & PPP) proposing these mega projects falling under the above categories

• The amendments add that before issuing this notification (for exemption), the government must ensure that the extent of land being acquired is in keeping with the minimum land required for such a project.

Unlimited acquisition of irrigated multi-cropped land

• The amendments add that before issuing this notification, the government must ensure that the extent of land being acquired is in keeping with the minimum land required for such a project.

&

• The amendments add that the government must conduct a survey of its wasteland including arid land, and maintain a record containing details of such land, as may be prescribed by the government

The full text of amendments can be accessed here

Not too bad!

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Big Idea 2015: Haute Apothicaire

There are medicines & then there is Haute Apothicaire

From what’s written on the wall, 2015 could well be the year when good old medicine finally goes designer chic. Even if not for the masses just yet, a privileged few could soon have their meds custom made to match their genes - well, just as soon as the fitting trials are done & the master says aye!

For those who didn't quite get my pun, I am indeed talking about personalized medicine going mainstream in 2015 - From Novartis making the first move to bring protocol to patient through its series of #SIGNATURE trials & JnJ opening up its clinical data vaults to Yale for open research to #Google #Calico aiming to tackleageing through big data & bigger collaborations, it's clear there's this huge trend of big pharma going all guns blazing after the alluring promise of personalized medicine.

This alliance with big data is in some way an existential manoeuvre by big pharma poised precariously on the patent-cliff & thus most initial approvals of designer drugs would be those that have been pulled up from the gorges of failed/failing PII/ PIII trials. Either which way, there is no doubt that the best use of cutting-edge drug design capability is only when it is coupled with the invaluable human genomic & proteomic data decoded in the past decade and using the #bigdata analytics to throw up the statistically best therapeutic match for an individual patient.

If one goes by the regularity with which FDA has been approving companion diagnostics and genetic tests over past few years; the apparent merit they see in the label of an approved drug referencing the genomic biomarker(s) & the pragmatic use of conditional approvals such as the recent one for Translarna by the EMA, it appears the regulators too are in sync with this new reality & have been gearing upto deal with the potential multitudes of personalized therapeutic applications & evolve an approval mechanism that's applicable despite the indication not being orphan enough.

Even as connoisseurs may not quite like it, high fashion attains scale only when it goes mainstream & by analogy the designer drugs too would find their way to the masses eventually, I only hope sooner & safer.

#BigIdeas2015 #Google #Calico #Bigdata