http://kafila.org/2009/02/13/the-caste-of-a-scam-a-thousand-satyams-in-the-making/#comment-4830
  The Caste of a Scam: A Thousand Satyams in the Making

*Guest post by** D.PARTHASARATHY*

Industry leaders, CEOs, and Corporate big-wigs have been falling over each
other to portray the Satyam scam as an isolated case, as a simple failure of
corporate governance. On the other hand critics from the left once again
have had a field day with their "I told you so" condemnation of capitalist
free market economies. There is also a moralistic middle class which blames
it on greed pure and simple. The fact that the Indian private sector is
largely dominated by family owned and controlled businesses of sundry sizes,
that caste, community, gender, and social networks play a significant role
in who gets nominated to top positions within the companies, and how
businesses are run, that these have significant implications for corporate
governance as well as corporate loot – these are issues that are too
dangerous and embarrassing at the same time, and so are conveniently
ignored.

An editor of a leading newspaper once remarked that corporate leaders
usually came up to him for names to fill top positions in their companies.
Their requirements were minimal – that the candidate should preferably be
male, not be a Muslim, and should as far as possible be a twice-born. *The
real reason for corporate India's opposition to reservations in the private
sector is not any great appreciation of merit and efficiency. It is rather
the urgent imperative to protect their family inheritances (baap ka maal)
and positions (baap ka kursi), so that their incompetence in facing
competition in liberalized markets are not exposed.* Even as they have
opposed reservations, they have revelled in reserving top positions for
their own sons, nephews, brothers, and increasingly sons in law (rarely
daughters, sisters, or mothers). However much family and fellow caste
members may be groomed and be educationally qualified, the implication of
family control for good corporate governance is rarely recognized or
acknowledged. India's business leaders are quick to brush aside such
concerns suddenly developing a concern for protecting India's 'culturally
different and unique business tradition'. This despite the fact that even
when the 'culturally unique' great Indian business family splits, the
businesses are divided among male (usually male) family members, with no
concern for the interests of the business or that of the shareholders who
are not even consulted, all presided over and mediated by other business
leaders supposedly known for their honesty and integrity.

Not just top executive positions but directorships - including so-called
independent ones, are also based on kinship, caste, and community. No one
has bothered to ask how so many of Satyam and other companies floated by the
family have directors who are Rajus – related by kinship and caste. How
qualified are they to assume these directorships? Immediate and extended
family members assuming director positions is widespread among most large
corporates in India. Gender does not seem an issue here, as the same men who
deny positions in their companies to women from the family, miraculously
discover a great deal of merit in them when it comes to appointing them to
directorships in various companies. Also, it is interesting as to how many
of these independent directors and vice-presidents are ex-bureaucrats
usually from twice born castes. The same private sector which criticizes the
babudom for lethargy and inefficiency finds dynamism, efficiency and merit
once the bureaucrats retire. After all is it not easier to thrive on
government contracts than compete in the free market, and expose one's
inefficiencies? And what better way to liaise with the government than to
have ex-bureaucrats as directors? Independent directors are also recruited
from the academia – from the merit conscious IITs and IIMs, and other
business schools. In return for the prestige, sitting fees, and
retainerships, vice-chancellors, deans and directors only have to look the
other way when corporate illegalities are committed, and occasionally call
upon these CEO to deliver convocation addresses. For all their adulation of
American style free market economy, most industry leaders in India are not
just reluctant but strongly oppose corporate governance reforms which would
put in place independent boards and CEOs who will have the interests of
business, employees and shareholders in mind, and not the interests of
founder and promoter families.

It is not by accident that independent directors, auditors, and CFOs
associated with the Satyam scam have pleaded guilty to the lesser but more
ignominious charge of incompetence than be arraigned for the higher crime of
complicity in financial irregularities. The CFO of Satyam - Vadlamani
Srinivas has confessed that he does "not pay much attention to the details
of the balance sheet", and that he just passes the balance sheets and
accounts statements prepared by his assistants. Perhaps the CFO was
recruited on the basis of reservation and hence was incompetent and
inefficient? He has also stated that PricewaterhouseCoopers – the auditors
of Satyam – "never pointed out any 'deficiencies' during their discussions
with me". PricewaterhouseCoopers is known for recruiting from the IIMs and
other reputed business schools. Is it the IIMs and other business schools
that have produced the incompetent auditors employed by the company? Or
perhaps PricewaterhouseCoopers recruited candidates through reservations?
One of the independent directors of Satyam was the Dean of the prestigious
Indian School of Business which only recruits on the basis of merit. He has
been reported as being 'stunned' by the revelations of Ramalinga Raju, and
in his resignation statement said that he had "absolutely no prior
knowledge" of the scam. What was he doing then on Satyam's board as an
independent director? Clearly, owning up to incompetence and ignorance seems
a safer step than disturbing the family based governance structures of
Indian companies. How else can private business schools make money through
"family owned business" MDPs?

Satyam, Maytas, and Nagarjuna Finance - the three companies that have been
involved in financial irregularities and are on the verge of collapse, are
not only run and controlled by members of the Raju clan, but also have
several other 'professional' employees and directors who have or have had
links with other Raju owned companies and government institutions. Such
linkages are not uncommon in the capitalist west, nor is it uncommon in
western capitalist countries for such companies to survive or even thrive on
government contracts. What is different is that for a company like Maytas
with little infrastructure expertise to get huge government contracts, to
get these contracts implemented through sub-contractors over a long period,
to obtain land at a fraction of the market cost, all these require the
building up of intricately linked caste and political networks over a long
period of time. Despite being numerically small, the Rajus have been
financially and politically powerful enough to influence whichever
government has been in power in Andhra Pradesh. It is not surprising to read
newspaper reports talking about "members of the Raju community" being "in
despair", or that Ramalinga Raju had a meeting with members of his caste
community before confessing to his role in the scam, or even that his caste
fellows have pledged financial support for his legal battles.

Newspapers have also reported on the support for Ramalinga Raju among the
'villagers' who have 'benefited' from the development works undertaken by
Satyam's philanthropic and charitable arm – the Byrraju Foundation. The
enthusiasm of India's big companies for corporate social responsibility in
the form of rural development works belies its criticism even by neo-liberal
enthusiasts. On the one hand free market fundamentalists such as Milton
Friedman have questioned the ethics of diverting shareholder money for
social purposes – a criticism that cannot be easily brushed aside. On the
other hand, corporate leaders wishing to attain the status, prestige and
power of erstwhile zamindars, have started sundry foundations with
shareholder wealth ostensibly in the name of carrying out rural development
activities, but also with the additional objective of finding sinecures for
spouses, siblings, children, in-laws and other kin group members. It would
be an interesting exercise to find out how many of these foundations are
headed and run by spouses and other relatives of CEOs, and how many of them
went through a proper process of recruitment, and were selected on the basis
of 'merit'. The ethics of using public money in the form of shareholder
wealth for family benefit is not something that concerns even the most
'progressive' of our CEOs and managing directors.

For that matter, how are CEOs and managing directors recruited in Indian
companies? Was Ramalinga Raju appointed as CEO of Satyam after a rigorous
search, selection, vetting, and recruitment process? Was his son Teja Raju
appointed to Maytas on the basis of being the best from among a pool of
candidates? Did he have the requisite qualifications and experience in the
infrastructure sector to head Maytas?

So long as companies are controlled and run by people occupying top
positions and linked through caste, community and social networks, even the
best of corporate governance regulations and practices cannot prevent scams
and financial regularities. So long as corporate boards are occupied by
family members and caste fellows who have little or no responsibility to
shareholders and whose interests are restricted to wealth maximization and
retaining positions solely for family members, a thousand, or maybe even a
million Satyams will be played out across the country.


-- 
" The so called caste-hindus are bitterly opposed to the depressed class
using a public tank not because they really believe that the water will be
thereby spoiled or will evaporate but because they are afraid of losing
their superiority of caste and of equality being established between the
former and the latter. We are resorting to this satyagraha not becasue we
believe that the water of this particular tank has any exceptional
qualities, but to establish our natural rights as citizens and human
beings."

- Dr B.R. Ambedkar, Mahad Satyagraha Conference, December 25th , 1927

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