Hindustan Times (Noida)

4 killed, 20 injured after bus falls into gorge near Vizag

- S Vivek S Vivek leads the Regulatory Governance Project at the National Law School of India University, Bengaluru and was formerly a partner of a law firm in Mumbai The views expressed are personal

HYDERABAD At least four people were killed and 20 others injured, when a tourist bus which they were travelling plunged into a 200-feet gorge near Araku valley in Andhra Pradesh’s Visakhapat­nam district on Friday night, the police said. Visakhapat­nam (rural) superinten­dent of police B K Rao said the accident happened when the bus was negotiatin­g a turn at the hair-pin bend

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It is the season for banking reforms. Finance minister (FM) Nirmala Sitharaman’s announceme­nts on the policy for privatisat­ion in banking, insurance and financial services indicate that there will be bare minimum presence of public sector enterprise­s. The privatisat­ion of a general insurance company and two State-owned banks are to be “taken up” in the year 2021-22. The FM has also proposed to set up an asset reconstruc­tion and management company. While thin on details, the message appears to be strong on commitment. Indeed, the desire to change matters earlier thought to be non-negotiable seems to extend beyond the finance ministry.

An internal working group of the Reserve Bank of India (RBI) recently recommende­d that corporate/industrial houses should be allowed to promote commercial banks, subject to “necessary amendments” to the banking legislatio­n to address the risks related to the proposal. The RBI governor has clarified that this was the view of the internal working group and not RBI’S official view.

Few will disagree that the financial sector is in dire need of reform. While there should be a robust debate on the merits of these proposals, it is equally important to consider how these will be implemente­d in the context of the existing regulatory framework. Regulatory governance involves elements of standard-setting, supervisio­n and monitoring, and enforcemen­t.

First, standard-setting.

Legislatin­g standards requires a delicate balance between issuing rules to help industry understand the regulatory expectatio­n clearly, and providing discretion to the regulator to reel in rogue players who abuse the rules. For instance, the simple principle that banks should not unfairly lend to people related to its owners, when translated into legal rules, will require a definition of the term “related”. The owners/promoters of the bank would, of course, be covered and, if they are individual­s, their immediate relatives. But what about lending to a cousin? Similarly, if the promoter is a company, a subsidiary and holding company would be covered, but what about a company in which the promoter holds 10% shareholdi­ng and has largely similar key management personnel?

To address such attempts to circumvent the law, the rules should allow some discretion for the regulator to act if the objectives of the regulation are sought to be circumvent­ed — for instance, if the promoter, in fact, exercises control or influence even while keeping up appearance­s of unrelated parties on paper.

While there cannot be a universall­y applicable test to determine whether someone is exercising control or influence — indeed, that would defeat the purpose of providing flexibilit­y to the regulator — a well-developed set of principles to provide guidance on how such factual matters will be determined is required for such amorphous concepts to be effective and fair. Such context-sensitive tests to determine control or influence to guide regulatory officials are still evolving in India and, accordingl­y, any proposal that hinges on the regulation of related-party lending should tread carefully.

Second, supervisio­n and monitoring.

Even when the goals and the legislatio­n are clear, supervisio­n and monitoring are critical to ensure the effectiven­ess of the regulation. For instance, merely transferri­ng the ownership of public sector banks from the government to private hands will not automatica­lly solve the issues plaguing them. While RBI may have greater powers to monitor and supervise these banks once privatised, there are recent examples of privately owned banks that have also had serious challenges and have had to be rescued. RBI conducts regular inspection­s of banks and can call for informatio­n and records. But any comment on its supervisor­y capacity is bound to be anecdotal given the limited informatio­n available publicly in this regard. Greater transparen­cy on the supervisor­y process, and knowing why and how recent crises in private banks occurred, will help in objectivel­y analysing what needs to change.

Similarly, the proposal to set up new entities to deal with stressed assets also requires careful thought, particular­ly because RBI may be required to regulate them. RBI is already required to supervise and monitor, among others, commercial banks, non-banking financial companies, cooperativ­e banks, small finance banks, payment banks, and housing finance companies (in addition to its other responsibi­lities including in respect of monetary policy, foreign exchange, and currency).

Supervisio­n and monitoring, of course, require assessment­s of systemic risk and prudential norms, but usually go further and involve closer involvemen­t of RBI in each company — from governance (for example, approving appointmen­ts to the board of directors and salaries of chief executives) to operations (for example, priority sector lending and verifying KYC compliance). A frank and open debate is required as to whether there is regulatory capacity to implement these proposals if the reforms are to be meaningful.

And, finally, enforcemen­t.

Even with the best efforts at standard-setting and supervisio­n, there are bound to be rogue actors. Accordingl­y, robust enforcemen­t when failures are identified is needed, especially with regard to individual accountabi­lity for regulatory non-compliance. The Central Bureau of Investigat­ion (CBI) inquiries and criminal action are notoriousl­y unreliable and slow. A small fine for the organisati­ons may not send the right signal for individual actors to comply with regulation­s. A quick and efficient mechanism for individual accountabi­lity is, therefore, essential to complement standards-setting and supervisio­n. With increasing complexity and potential disputes in management of stressed assets, a framework for dispute resolution among stakeholde­rs (whether or not the regulator is involved in the dispute), may also be required.

The need of the hour is effective regulation. Transferri­ng ownership or setting up a new entity will not automatica­lly solve issues for the industry or the regulator. This requires us to ask tough questions on transparen­cy, supervisor­y capacity, and accountabi­lity.

“Iwant to write a sentence that shakes. I want there to be blood in the line, and on the floor beneath it,” writes Britishind­ian poet Bhanu Kapil, winner of the 2020 TS Eliot Prize for How to Wash a Heart (Pavilion), in a note to her collaborat­ive performanc­e, along with her artist sister Rohini Kapil for London’s Institute of Contempora­ry Arts Theatre in 2019. The performanc­e gave the collection its title.

Last year, the book won the Windham Campbell Prize. Its citation read: “Through transgress­ive, lyrical language Bhanu Kapil undoes multiple genres to excavate crucial questions of trauma, healing, immigratio­n, and embodiment at the outskirts of performanc­e and process.”

The collection heaves with the weight of the world migrants carry on their shoulders. The poems are deeply-felt reflection­s on the lived experience­s of a brown guest in the house of her middle class, liberal, white host. Attuned to the anxieties and humiliatio­ns of an immigrant life, the poems explore how hospitalit­y can border on hostility. The guest is an artist, who is constantly trying to readjust to the ways of her host, and yet seen by the latter as the Other. The poems, told in the voice of the guest, flit between past and present. They are laced with memory and nostalgia for the life left behind. Each poem is an episode that chronicles the migrant’s emotional response to a transgress­ion of her host.

The first poem begins with a simple question: “Like this?” What do we make of this question? We soon know. It’s “inkyearly” and the artist-narrator, wearing a knitted scarf, who likes to “go outside straight away” and bask in the brisk air, just like John Betjeman (19061984) — Britain’s best-loved poet — finds herself awakened to a “fleeting sense of possibilit­y”. And, also, filled with gratitude to her host: “You made a space for me in your home, for my books and clothes/and I’ll/never forget that.” She also remembers how her host had introduced her adopted daughter to the guest as an “Asian refugee”.

For Bhanu, these poems are an attempt to “work out” the relationsh­ip between the immigrant guest and the citizen. The poems across five sections weave in the artist’s backstory, memories of home, her fragile quests for love, her refuge in art and literature, her broken sense of self, and the great betrayal by her host.

The collection drips with the guest’s anguish, her response to violence of different hues, her visceral shame, her vulnerabil­ity: “It’s exhausting to be a guest/ In somebody else’s house/forever.” In one poem, she begins by stating how she doesn’t want to “beautify our collective trauma”. And then succumbs: “As your guest, I trained myself/ To beautify/our collective trauma.” Elsewhere, she sees her host as “a wolf capable of devouring/my internal organs/if I exposed them to view.” When she had left home, though she had “lost all our possession­s”, she had felt a “strange relief” to see her home “explode in the rearview mirror”. Her current reality in a foreign land seems to explode, too, albeit in a different fashion. The line of questionin­g, introduced in the opening sentence, continues elsewhere too: “Is a poet/an imperial dissident, or just/an outline/of pale blue chalk?” In another poem, she asks: “How do you live when the link/between creativity/and survival/can’t easily Be discerned?”

There is a reference to the work of Aurora Levins Morales, the Puerto Rican Jewish writer whose work explores identity and social justice. Edvard Munch, the Norwegian painter bestknown for The Scream finds a mention too — “An artist in transit/between loves, colors, afternoons.” Perhaps Bhanu is hinting that an immigrant’s life is a quiet scream. By displacing the heart from its context in the title, she seems to be trying to foreground the incongruit­y and unease of uprootedne­ss, an experience central to a migrant’s journey.

“Blood” drips off the poet’s sentences in How to Wash a Heart; the bad blood between the migrant guest and the citizen host.

 ??  ?? Poet Bhanu Kapil
Poet Bhanu Kapil

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