Business In India: An Insider’s View | Legal Lunch Byte | Episode 3

So we’re live now, Akshat. We, we talked into the, into the intro, which is great because that’s how I love it. So thanks for joining me on episode three of our Legal Lunch Byte. Of course, you and our colleagues, we’ve been working together for years and we have.

You have a very interesting background. , so today we’re going to talk a little bit about India, about your recent trip there. You spent three weeks there, for family, it sounds like one big party. So it sounds like you were doing it right. Except you had your kids in tow as well. So why don’t you fill everyone in on, yeah, a little bit about your background, personally, because it’s very interesting how you end up practicing in, in the immigration arena as well. And then, and then we’ll dive in and you can tell us about your impressions because I know your mind is still reeling a bit from, from the experience.

So why don’t you go ahead and introduce yourself?

Yeah. Thanks very much for having me. I’m excited about, LinkedIn live and, , and you know, just. Raring to share my thoughts, but yeah, my name is Akshat Divatia. I’m an immigration attorney for Harris Sliwoski in the Seattle office. I represent companies of all sizes in attracting and retaining foreign born talent.

I also help individuals, U. S. citizens, permanent residents with their sponsorships for green card holders to preserve their permanent resident status. And to obtain naturalization. And I also work a lot with foreign direct investment clients, you know, foreign companies, typically from Europe and South America, and also from India and Asia in general, , who are entering the U S market and, looking to establish and grow their operations here.

So tell us about your overall impressions. It had been years since you returned to India. You and I do a lot of cross border work. We have, we have friends there. We have, other partners who we worked with and certainly clients. So tell us a little bit about your experiences since you worked away for so long now going home, , you know, what’s changed.

What are your impressions? How were you received? All of that. Very, very interested to hear.

Yeah, so, you know, I was in my teens when I, when I left India and, over the years I would go back. Of course, I had family over there, but with the passage of time, you know, my direct ties to India had become more tenuous.

so this time it had been more than 10 years since I had last visited and, , you know, India and especially in the last 10 years has changed significantly. So I was, , looking forward to that and also, you know, my perspective of having been away, I was able to discern the differences a little bit more readily, , as opposed to somebody who, you know, goes frequently.

So I was excited and, and it, I was not disappointed. I mean, I did spend, , three weeks there, I think, as you mentioned, , I was in Delhi, , Jodhpur, Jaipur, Agra, , and in my native city of Ahmedabad, , and it was a fantastic experience. I was on the go. I felt a little bit like a political candidate, you know, you know, just, just being on the go all the time and being on all the time, but I lapped it all up and, , and, you know, my overall impression is that India is primed for a lot, you know, it’s, it’s primed, , to grow significantly.

And the most. Amazing thing I noticed was that the mood on the street has changed, you know used to be that even academically we would read about stuff , but but some of that is is, promotion some of that is just kind of Aspiration, but what we see on the ground in in in the can do attitude and what the people want to do in our And I’m convinced that they are able to do.

That was something that was, really fascinating for me and really gratifying as well. , you know, I, I, I think that, you know, there was a, in the past when I would go, I would be the one bringing gifts to family members and I would be looked upon as, you know, here comes, you know, the cousin from the United States, but the attitude this time.

that I noticed was that there was less of that. , but instead there was like, come, come, come, come see, come see our house. Look at how clean our house is. We have, you know, , taken leaps and bounds. Just, just make yourself comfortable. This is the new India. So I really appreciate it. I was not expecting that and I saw that and I was, I was, , very pleased.

I spoke with a reporter over the weekend from Utah business magazine, and she’s writing an article about the top five countries

that Utah businesses should be doing business with. And so, , in preparation for that interview, I, I thought long and hard, you know, I, I read a lot. We, we focus a lot on international markets and, , and of course our sampling is a, is a small sampling, but it’s still a sampling.

And so. , so I told her that, , based on what I’ve reading about China, and I was in Southeast Asia last summer, , and I, I said, I think based on what’s happening in China and India just surpassing China in population size this past year, I said, India has so many things going right for it. , it certainly is geopolitically.

It’s, it’s very interesting because of its, , balance between. A history with Russia proximity to China affinity with the U. S. You know, there are a lot of different balancing factors, but and I feel like India is striking its own destiny, right? There’s no, it’s not going to be bullied in one way or the other.

, India is going to look under under, , under Modi. I feel like that’s that’s been the tenor is India is in the game 100 percent but India is in the game. In it for India. And so it’s very interesting to get your perspective on that. So I put India at the top of my of my top five list of countries where, , you know, any company in the U.

S. Should be doing business in and with India if they can make it happen.

Yeah, you’re 100 percent on point. , you know, I do think that this is not an accident. You know, when I when I look at the mood on the street, I’m going to talk about that. But, , I think it’s not an organic revolution that has come from the bottom up.

, these are conscious governmental policies dating back to 2009, , that, that effectively have positioned India to improve conditions at home, that increase, improves the outlook of the folks, , at home, and then also the image of India abroad. , and it’s a long game, you know, there’s, there’s, there’s the, the knowledge that, you know, in 30 years time, , India will be, you know, India’s GDP will be very comparable to the United States.

, second only behind China. , and so everything that the government has done, the initiatives government has acted through initiatives. , you know, there’s, I would say there are three main things. One is the, , the changes in law and policy. So those other government initiatives that have, that have, , been implemented.

, second is the emphasis on technology and innovation. , and they’ve gone hand in hand. , sometimes they, they, they were the ones that started first and the government, , you know, , joined forces, but generally speaking, those are two of the most important factors. And then the end result is what is, you know, visible on the street.

What you can feel in the voices and the excitement of the folks is that they know that, you know, if their own generation doesn’t make it, it will be the next generation and they’re preparing for that next generation to be the leader, one of the world leaders. , so You know, we are lawyers and so I always, you know, I, I, I, , talked to fellow lawyers there and, you know, kind of learned that the legal schemes there were, there were, there have been two legal schemes that have really, , made a difference.

One is the, , goods and services tax in 2017. You know, prior to that, the Indian tax system was much like the United States. You had a, you had a central government, you You had a federal tax system, , tax code, and then you had individual states with their own tax regimes. , but post 2017, India, you know, essentially abolished all the state taxes, and it’s, , a national system.

And that has bred transparency, it has bred predictability, , and, and so, you know, if I’m a foreign investor, well, on the one hand, if, if I’m, you know, an Indian company, for me to be able to engage in interstate commerce has become infinitely easier now. You know, I don’t have to worry about how my goods will be treated, , you know, from state to state.

And then, , and the same thing for, for foreign investors is that that predictability, , you know, eliminates or minimizes volatility. And that’s what that stability is, what, what companies want when they, when they, when they enter a new market, they want to see an upward ascendancy. , There’s also been a focus on anti corruption, and this, as we know, is a big thing in India, in the developing countries.

, you know, previously the focus was on the bribe taker, , and then the amendments that I think went on in, , 2020, I believe. But the, , the amendments turned the focus to the bribe giver. , where if you crack down on those individuals who are offering bribes, not just those who are taking them, , there are anti corruption units, , there is this, , more visibility, social media has obviously made, made it much easier for, Bad acts to be, , to be advertised and, and for them to serve as a deterrent for, for others.

So, you know, but again, that came about because of governmental initiatives, , passage of laws that, you know, put accountability, increased accountability for, for, for, , everyone in the society. , so that’s on the, on the legal side. And of course, you know, this venue is not, I could, as you can see, I’m excited about it and I can talk a lot about it.

, but I, I want to, you know, also mentioned the technology and innovation because, you know, everyone associates India with, with I. T. And, and it’s true that, , you know, the companies that were pioneers in the field, , they’ve been able to convince the government to also take on initiative. So, you know, back in 2009, India embarked on a extremely ambitious biometric, national identification document system.

Where, you know, trying to do that for a billion people is very difficult, but over the years, , and while there’s been some resistance in general, , over the years, that, , Aadhaar system, as it’s called, is what is accepted for, you know, creating bank accounts, for registering births and deaths, for registering property.

For even, you know, , , getting a cell phone, right? A mobile phone. A sim card is also associated with the, with the author system. So there’s that. , on top of that, there are, , the government initiatives are also designed to bring internet to the rural areas, right? Like there’s India is, is, is not just 15 major cities.

It’s, it’s, it’s a thousand villages, right? It’s…there’s thousands of villages. And so the idea is that, you know, as. More people tend to gravitate towards the cities that the villages should not be left behind. And by bringing investments into infrastructure, especially, you know, IT infrastructure in the rural areas.

, the government has, you know, is educating that’s focusing on digital literacy to, , , to make sure that, you know, on the one hand, government services are also offered online primarily, , that yields more consistency. in adjudications. So if I’m going to go register my birth or if I want to get a passport, , if I have to, you know, make the appointment online, if I pay online, then I don’t have to worry about, you know, going and paying somebody extra in order to facilitate this process, , in cash, right?

so that, is a, huge deal.

you had mentioned the villages.

And so when I think of India, I had, , one of my best friends growing up, , came from a Southern provinces, family, , emigrated to the U S and. , and so I learned a little bit about, you know, I mean, I was 8, 9, 10 years old, kind of learning about what India was like, and he would tell me it was This was in the, you know, the mid eighties, mid late eighties.

, so I got, I had that kind of set the tone for me and understanding a little bit about India, but what has happened in, in terms of the, , you know, the middle class, the lower class, the, the caste system. I mean, how, how much does that still dictate a person’s ability to rise up, , you know, to this presentation.

To really make it to the next level in India.

yeah, I think it it does to some extent it would be foolish to say that it it doesn’t exist it exists , what I do see though is that that division is less pronounced, , in other words, you know if economic growth Is the way out of of poverty and economic growth the entire country has embraced economic growth Then you know when you when i’ve seen in the rise of the hospitality industry leisure the emphasis on manufacturing, you know, the the the Momentum is such that everybody has is buying into this and so even people at the lower end of the caste system They recognize that you know If it’s not for me, it’s for my children.

So the, the, the availability of education, , the availability of digital literacy, , there is this constant desire to, to keep, you know, pushing up, you may have glass ceilings and you do have glass ceilings, but you know, the, the, the cat, the different classes are pushing up and when you see the growth of middle class, you know, the middle class has grown, not just, , , Stronger at the ceiling, less so perhaps at the ceiling, but more so at the floor.

It has expanded at the bottom and that creates that perception that, you know, we, we have more disposable income. We can afford more services. We can diversify, , you know, our, our offerings. I mean, I’ve, Malls and supermarkets and you know the the hotels. , there were times when you would have to pinch yourself to see it that you’re actually in India.

I mean, and so so if that’s the model, if that’s the model of where the country wants to go and the other classes see that they see that and they try to contribute in that particular growth to the extent and capacity they can. So I would say that it. Yeah, I think that, you know, the class system, class system, , they’re both going to remain, but the lines become blurrier and especially where it’s Tasks with automation actually to with automation.

Some of the tasks that were undesirable are going to become automated where the lowest of classes will not be necessarily the ones responsible for taking care of them. So, you know, there’s a lot. That India will go through and I’m really interested in seeing where AI takes it, especially with, with digitizing, excuse me, with, , with, , robotics, but, , yeah, I’d love to, I’d love to go back a little bit more frequently so that, you know, my, my, my perception is, is, you know, is not so dated.

That’s great. Well, thanks, Akshat. We’re at time. I really appreciate you coming on, spending a few minutes, , giving us your, , deep impressions on, on back at home in India and, and hope that everyone who tuned in enjoyed it. And we will see you next week for, , another, , 15 minute Legal Lunch Byte.

Thanks.
Thanks for having me. Thanks everybody for joining.