Mah plans 10% reservation to tackle housing discrimination

Mumbai always had a reputation of being a cosmopolitan city which welcomed everyone with open arms, regardless of race or religion. But the recent case of a female media professional being denied accommodation in a Wadala society because of her religion, followed almost in quick succession by the case of a 27-year-old Hindu male also being denied the right to buy a flat in a Malad high rise ostensibly because he was a 'non-vegetarian', has shaken the very foundations of the city's cosmopolitan fabric.
 
The widespread coverage of both cases in the media recently and the subsequent outrage among large sections of society has now prompted the state government to contemplate putting in place new housing laws to prevent the re-occurrence of such incidents in the future.

In a recent development, the state's minority department is said to be actively considering legal provisions in the state's new draft housing policy, that prohibit any form of discrimination in the  - sale, rental, financing and other housing-related transactions – based on a person's race, colour and religion. Further the proposal also recommends a reservation of approx 10 percent for minorities across housing options in the state spanning the sale, rental and financing of housing.
 
According to informed sources within the government, the state's minority department had already taken a serious view of the discrimination cases reported in the media and had subsequently ordered a probe into them. However the frequent occurrence of such cases had prompted the need for the framing of anti-discrimination guidelines, designed to prevent any such incidents in the future in the draft housing policy.

In its existing form, the Maharashtra Co-operative Societies Act is ill-equipped to act in such cases and has to wait for a police compliant to be lodged before taking cognizance of the compliant.
 
The move to safeguard the rights of minorities to housing in the state has received widespread support among government circles, though sources in the state's housing department are said to be still studying the legal and constitutional impact of including such provisions in the draft housing policy.

However some industry experts have pointed out that given the limited resources at the state government's disposal and growing levels of religious and cultural intolerance, such radical changes would be difficult to administer and monitor.

Experts also point to the failure of similar moves in the past like setting aside quotas for weaker sections of society including those related to the allotment of collectors land and have advised instead a stronger focus on enabling easier access to public services and a thorough integration of open spaces, prior to tackling complex issues like housing discrimination.

The city's broker community meanwhile has mixed feeling about the efficacy of such a move. "Some landlords do have certain stipulations regarding the client profile", admits Anand Mhatre (name changed), a realty consultant with a city-based property broking firm.

"But we always try to strike a balance between a landlord's terms and a client's requirements. In cases where a landlord is adamant over the tenant's religious profile or eating habits, we try our best to reason with him. If that doesn't work there are always other more flexible options to look at."

"I am not quite sure whether there is a need for legal provisions to overcome this issue," opines Suhas Raghuvanshi (name changed) an independent property consultant dealing in rental/ownership properties in the Goregaon-Borivali belt.

"To begin with such cases are few and far between. Also many times it's not the landlord but the tenant who is biased about living only in a particular area or neighbourhood dominated by a particular religious community. I believe that each one has their own preference when it comes to renting their property or living in one and they should be entitled to it."

According to both Mhatre and Raghuvanshi, there is tremendous pressure on the city's limited housing stock because of the growing population and continued flow of migrants from other cities.

As per the 2014 revision of the UN report titled - the World Urbanisation Prospects, Mumbai, which was ranked sixth on the list of the world's most populous cities last year, is projected to become the fourth largest city in 2030 when its population is expected to touch approx 28mn from the current 21mn, while India is projected to add the highest number of people to its urban population by 2050, ahead of China.

About 54 percent of the world's population currently lives in urban areas and this proportion is expected to increase to 66 percent by 2050, with the maximum increase expected to take place across urban areas in Africa and Asia. The world's urban population is now close to 3.9bn and is expected to reach 6.3bn in 2050, according to the report.