There is a hierarchy of laws in this country. The constitution of the country reigns supreme with the Supreme Court of India being its guardian. The Indian legislature derives its powers from the constitution and creates laws, which are known as “acts” and “codes” in legal parlance. These Codes have the power to delegate procedural matters to civil bodies such as municipalities. These municipalities run day-to-day functions of the government by a set of rules and regulations. These municipalities also allow non-statutoy associations like residential buildings to frame their own by-laws which are applicable only to their own people and are not exactly “laws” in the legal sense. And when all this civic social structure fails, we simply listen to Modi ji’s Man ki Baat as the one true dictum.
So when the building’s committee told us
that the making of two doors was against the building rules, I did three things
– (1) I asked them for the by-laws of the building where such rules and
regulations would be listed; (2) I told them that even if such sets of by-laws existed, they would be subservient
(no that’s a big word for my committee to
understand) acquiescent (that’s
worse) subordinate (getting
there) lower than the municipal
laws under which my deed was constructed; and (3) I thought that they were a
bunch of cunts. Thankfully I didn’t say this last one out loud.
The building’s wise-ass committee told us
that we better not teach them laws. The building had many good lawyers of its
own. And the committee knew the very best lawyers in the city. Somehow the
committee confused “knowing lawyers” with “knowing the law”. While I was
getting used to the stupidity, I told them that the committee might know the
very best of the best lawyers in the city. But they did not know squat about
the law.
For example, at one point Banraakas came at
me with a page from the deed, which said that no flat-owner was allowed to have
a protrusion from the flat. I calmly said yes, and a door is not a protrusion.
The large shoe-cabinet outside Banraakas’ apartment, that was a protrusion. So Banraakas asked me what a protrusion was.
‘See you have a face. It’s mostly a flat
face. But the nose comes out of the flatness of your face like a mountain.
That’s a protrusion.’
I can’t say I was entirely cool about the
situation. But looking at his face, I could not think of a better example to
explain the word “protrusion”. To my explanation Banraakas had one reply – Humko to itna angreji nahi aata hai (I
am an illiterate). Which we agreed upon. My only question was, ‘then why are
you walking with this one word from one line in a registered deed you
motherfucking nitwit!’ But again, I did not say that.
But coming back to the by-laws. This was a
ten-year old building. Which was apparently being managed for the last ten
years. And like every other community of 500 humans, it had its own problems.
But it was a little surprising that the question of by-laws kept getting
deflected. Honestly if someone had asked me for a copy of laws so many times, I
would have thrown the bunch of papers in his face after ensuring the papers
were properly hard-bound. I expected to be hit in the face with something
similar. I love to be hit in the face with laws. But this was the first time I
was being hit in the face with brute strength and glorified ignorance. After
asking for the by-laws on WhatsApp, email, on phone, in-person, and (maybe it might have worked) on LinkedIn,
I realized that there could be only one reason why they were not sharing the
by-laws. The dog ate the homework of the person in-charge of making the
by-laws.
Which made us probe deeper. We realized
that the “committee” worked under the guise of a “private limited company”
and not a “housing society”. Which was to say that a zebra was roaming the
field in the guise of a horse. Now I have nothing against zebras per say. But
zebras are bastards! You will never see a ranger ride on a zebra to roam the
forests, just like you won’t see a sad person invite a panther into their home
because they’re related to cats (the
panther, not the person). So anyway, it’s only a legal technicality which
rich people can afford to ignore. As long as the company (or the housing society) was owned by the flat-owners. BUZZ! Wrong
again. This private limited company cum housing society was owned by…
“drumrolls” the members of the committee. So basically all our building’s
common amenities, the swimming pool, the gym, the garden, the lockers, the
sauna, the roof, the façade, and the big poster of young girls practicing yoga
at the gym, was all owned by eight people. In a building of over 120 flats and
500 residents. The pretend-committee, had forgotten to (1) make the rules and
(2) distribute shares to the residents. For the last 10 years.
Do you remember the time when the British
were in India? Of course you don’t. You weren’t born then. But do you know why
they left? Because at some point Indians thought,
‘The British are treating us pretty damn
badly. Meh! We could do that ourselves.’
And so a guy stayed hungry in jail and got decorated
as “Mahatama” and we got democracy. 75 years later, we had housing society
rules which we were ignoring and were arguing about a door in a wall. Which was
not a protrusion.
But might prevailed where cooler heads
didn’t. And we lost our door. And I took a trip to Bangalore. Because that is
what you do when Kolkata fails you. You go to a place where there’s still hope
in the future and dates on Bumble. I found some solace in friends’ apartments (which I noticed, all had only one door)
and drinking myself blind. I took one piece of wisdom while coming back which
was superior to any law laid in the Indian constitution – “When you wrestle a pig, you get
muddy. And the pic enjoys it.”