The Peninsula Foundation

Category: Democracy & Governance

  • Bonded Labour in India: Prevalent, Yet Overlooked

    Bonded Labour in India: Prevalent, Yet Overlooked

    In 1976, India stood out as the first country in South Asia to enact legislation prohibiting bonded labour. However, the system has not been uprooted owing to the different barriers posed by socio-cultural norms and administrative and legislative incompetency. The country’s most vulnerable and disadvantaged sections of society are at risk of being trapped into such a form of modern slavery. The prevalence of this system over the decades necessitates the need to understand the root causes of the emergence of such bonded labour situations and why it is still prevalent in the country.

    Bonded labour in India

    The Bonded Labour System Abolition Act (1976) defines a bonded labour system as a relationship evolved out of a debtor-creditor agreement. It is identified as a form of forced labour where the debtor comes into an agreement, oral or written, with the creditor and receives a loan amount in exchange for his labour or that of his family members. The obligation need not just be an economic consideration such as a loan or an advance amount received from the creditor. People also become bonded with social, customary, hereditary or caste obligations and often agree to enter service with no wages or for nominal wages. The labourer finds it difficult to settle the debt amount as the provided wages are too low even to meet their basic sustenance needs. Eventually, they end up in the same form of labour again and again. Thus their choice to join such a system is out of distress or coercion to some extent. They may also be restricted from switching to another job or to ask for the provision of minimum wages given the conditions of the contract and the lack of awareness of their rights.

    Indebtedness is identified as a major trigger for people to join as bonded labour, especially migrants from poor rural households. However, the need for money arises out of the existing disadvantages in society that these communities are subjected to. Caste, unequal distribution of resources, increased dependence on agriculture, low levels of education and food insecurity pushes them into such unfree labour choices.

    We can identify that this system was prevalent in the country from the pre-colonial era characterised by class hierarchies. Such class hierarchies and high caste exploitations are continuing to function even in this democratic era and consequently, has pushed certain groups of the society to be economically weaker; weak in terms of assets, income and bargaining power. Globalisation and industrialisation have only resulted in the further exclusion of such groups of labour from mainstream jobs.  Indebtedness is identified as a major trigger for people to join as bonded labour, especially migrants from poor rural households. However, the need for money arises out of the existing disadvantages in society that these communities are subjected to. Caste, unequal distribution of resources, increased dependence on agriculture, low levels of education and food insecurity pushes them into such unfree labour choices. Owing to these social and economic factors, marginalised communities in the lower strata of the society, especially the women and children, are trapped in such a system.

    Over the years, the system of bonded labour has existed and evolved under different names and forms across India. Bonded labour arising out of traditionally accustomed social relations is one of the oldest forms and is still prevalent in the country. For example, the system of “jajamani” wherein the workers receive food grains in exchange for working as barbers and washermen for the upper caste. Labourers in agriculture, seasonal inter and intrastate migrants and child labour in informal sectors of brick kiln, rice mills, quarries, domestic work etc. are the other areas where debt bondage is currently more persistent. There has been a considerable shift from traditional debt bondage relation to aneo-bondage labour system among migrant workers. The former was characterised by an element of patronage amongst the considerable amount of exploitation. However the latter is at a higher tone of exploitation and eliminates patronage relations. This has made employers deny the responsibility of employee’s welfare and the labourers have lost the minimum livelihood security which they had secured under the patronage system. The neo-bondage system is further manipulated by the role of intermediaries.

    Thus, with structural transformation in the economy, the system of bonded labour has evolved into a much worse form of exploitation in the country and specifically marginal and backward communities are the main victims of this system.

    Interventions to abolish bonded labour

    Upon identifying the prevalence and exploitation of bonded labour in the pre-independence era, constitutional provisions prohibiting forced labour were assigned under Article 23. Under the Directive Principle of State Policy, Article 42 and 43 ensured fair and humane working conditions and living wages to workers.

    Post-independence, legislation against bonded labour was enacted at a regional level.  Orissa, Rajasthan and Kerala were the first states to enact state legislation against bonded labour.  In 1954, India ratified the International labour organization (ILO) Convention on forced labour (C029). Despite the constitutional provisions, regional and international interventions in bonded labour, construction and implementation of a uniform law took time.

    In 1976, the Bonded Labour System (Abolition) Act was enacted to abolish any form of bonded labour system arising out of debt, customary or hierarchical obligations. In brief, the act has identified and defined bonded labour, provided for extinguishment of past or existing debt, established duties of district magistrate in implementing the provisions of the act, sanctioned the state governments to form a vigilance committee in each district to guide and ensure competent implementation of the act by the magistrate and stated the penal actions against those compelling people into bonded labour. The act was amended in 1985 to bring contract and migrant workers under its ambit.

    In 1978, a new centrally sponsored scheme for Rehabilitation of Bonded Labour was enacted to provide financial assistance to the state government for rehabilitating rescued bonded labourers, to conduct surveys, evaluation studies and awareness campaigns across districts. In 2016, the government restructured the scheme. The restructuring involved an increase in the provision of funds to bonded labour for rehabilitation and to states for conducting surveys. Under the restructured scheme, rescued bonded labour is only provided with the full amount of financial assistance after the conviction of the accused and a Bonded Labour Rehabilitation Fund corpus was to be created at every district.

    The interplay of caste-based exploitation and subsequent impoverishment in terms of resources and assets combined with underdeveloped rural areas devoid of standard education, health and employment opportunities push marginalised people into bonded labour.

    Why and how does the system still sustain?

    Many factors contributing to the prevalence of bonded labour continue to prevail despite after years of legislative action to abolish the same. The interplay of caste-based exploitation and subsequent impoverishment in terms of resources and assets combined with underdeveloped rural areas devoid of standard education, health and employment opportunities push marginalised people into bonded labour. Such an environment accompanied by the inept implementation of legislations and schemes further aids in sustaining bonded labour systems.

    BLS(A) act 1976 failed to be effectively implemented owing to apathy, corruption, lack of administrative and political will. The vigilance committees were often defunct and working for the employer. The act was criticised on the grounds that it stated only mediocre and minor punitive actions and the rates of prosecution were also low. Moreover, some states remain in denial of accepting the existence of bonded labour. This indifference results in the loss of comprehensive data on bonded labour hindering the further implementation of provisions of the act.

    The Central Sector Scheme for Rehabilitation of Bonded Labour also has its loopholes. After the restructuring of the scheme, financial aid is provided only after the accused is convicted and convictions are rare owing to poor implementation of the BLS(A) Act and the absence of a review of cases. Thus, in most cases the rescued labourers do not receive the full financial aid they are entitled to immediately after the rescue. Often, it takes years to receive the full amount or may not even receive any.

    The situation is even grave as the rescued labourers have asymmetric knowledge of the rights and entitlements they can avail themselves of. Even when they are fully aware, most of them lack the will to attain these entitlements due to the dismal behaviour of officials and delayed processes.

    Moving towards Abolishment

    First and foremost, recognition and acceptance of the prevalence of bonded labour should be ensured. Only then the bonded labourers could be identified, rescued and rehabilitated effectively. The collection of comprehensive data is essential for further implementation of the provisions of the legislation. Also apart from the vigilance committee, a new committee composed of the magistrate, members of the marginalised communities, NGO’s and other civil bodies working in the field would enable to get a more comprehensive view of the issues in the sector.

    From a long term perspective, there is a need to address the caste induced structural inequalities. One way through which this could be attained is through land redistribution.

    Mere financial aid is not sufficient for the rescued labourers to foster a livelihood plan. The Human rights law network suggests the same and recommends a comprehensive rehabilitation package providing for education and job security.

    From a long term perspective, there is a need to address the caste induced structural inequalities. One way through which this could be attained is through land redistribution. Apart from this, the government should also focus on skill development and training of rural poor, especially migrants caught up in bonded labour. Varied skills can enhance their employment opportunities and provide more freedom to move towards other areas of work.

     

     

    References

    1. B.L.S., A. (2020, June 30). Telangana: Two Years After Rescue From Bonded Labour, 12 Tribals Receive Compensation. The Wire. https://thewire.in/rights/telangana-bonded-labour-rescue-tribals-compensation
    2. Breman, J. (2010). Neo-bondage: A fieldwork-based account. International Labor and Working-Class History, 78(1), 48-62. https://www.jstor.org/stable/40931303
    3. Gabra, L. (2021, March 21). Will Bonded Labor in India Ever Come To An End? BORGEN. https://www.borgenmagazine.com/bonded-labor-in-india/
    4. Human Rights Law Network. (n.d.). Release and Rehabilitation of Bonded Labour — HRLN. Human Rights Law Network (HRLN). Retrieved August 15, 2021, from https://hrln.org/initiative/release-and-rehabilitation-of-bonded-labour
    5. Human Rights Watch. (n.d.). Small Change. Human Rights Watch (HRW). Retrieved August 6, 2021, from https://www.hrw.org/reports/2003/india/India0103-05.htm
    6. J, S. (2019, September 15). Rescue of bonded labourers up, convictions rare. Times of India Blog. https://timesofindia.indiatimes.com/blogs/tracking-indian-communities/rescue-of-bonded-labourers-up-convictions-rare/
    7. Khan, J. A. (2019, April 30). How effective are the Policies for Rehabilitations of Bonded Labour in India? CBGA India. https://www.cbgaindia.org/blog/effective-policies-rehabilitations-bonded-labour-india/
    8. Mantri, G., & Suresh, H. (2020, January 31). The News Minute | Delve. The News Minute. https://www.thenewsminute.com/article/it-s-2020-bonded-labour-still-reality-india-here-s-why-116977.
    9. Molfenter, C. (2013). Overcoming bonded labour and slavery in South Asia: the implementation of anti-slavery laws in India since its abolition until today. Südasien-Chronik-South Asia Chronicle, 3, 358-82. https://edoc.hu-berlin.de/bitstream/handle/18452/9122/358.pdf?sequence=1&isAllowed=y
    10. Murugesan, D (2018). HANDBOOK ON BONDED LABOUR. NATIONAL HUMAN RIGHTS COMMISSION (NHRC), New Delhi. https://nhrc.nic.in/sites/default/files/Hand_Book_Bonded_Labour_08022019.pdf
    11. NCABL. (2016). Joint Stakeholders’ Report on Situation of Bonded Labour in India for Submission to United Nations Universal Periodic Review III. NATIONAL COALITION FOR ABOLITION OF BONDED LABOUR (NCABL), Bhubaneswar Odisha. https://www.upr-info.org/sites/default/files/document/india/session_27_-_may_2017/js34_upr27_ind_e_main.pdf
    12. Prasad, K. K. (2015). Use of the Term’Bonded Labour’ is a Must in the Context of India. Anti-Trafficking Review, (5), 162.
    13. Sabhapathi, V. (2020, June 11). An Analysis of Bonded Labour System in India. Legal Bites – Law And Beyond. https://www.legalbites.in/bonded-labour-system-in-india/
    14. S, B. (2016, April 2). Caught in a vicious cycle of bonded labour. The Hindu. https://www.thehindu.com/news/national/karnataka/caught-in-a-vicious-cycle-of-bonded-labour/article7720754.ece
    15. Sethia, S. The Changing Nature of Bonded Labour in India.
    16. Srivastava, R. S. (2005). Bonded labour in India: Its incidence and pattern.https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—declaration/documents/publication/wcms_081967.pdf 

    17. THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976. (ACT NO. 19 OF 1976). (India). https://labour.gov.in/sites/default/files/TheBondedLabourSystem(Abolition)Act1976.pdf

     

    Image Credits: starfishasia.com

  • Politics and the Military don’t gel

    Politics and the Military don’t gel

    It would be in the interest of the political establishment to desist from politicising the military. Creating an uncontrollable monster, that will go on to bite the hand that feeds it, is nothing but sheer stupidity.

    The former President of the United States, Donald Trump, has always had the reputation of being a man of questionable moral and ethical integrity with close connections to the radical right. Yet, there were those who voted for him in 2016 because they genuinely believed that he was the lesser of the two evils, and strongly felt that only an “outsider” like him was capable of draining the “Washington Swamp”, a phrase alluding to the seemingly all-pervasive corruption surrounding the Washington power elite. They would certainly have been disappointed by his insipid performance as President, especially the extent of his chicanery and selfishness. These have been laid bare in a recent book by two Pulitzer Prize-winning Washington Post journalists, investigative staff writer Carol Leonnig and former White House Bureau Chief Philip Rucker, on Trump’s final year in power, titled “I Alone Can Fix It”. A fitting sequel, and as perceptive and illuminating, is “A Very Stable Genius”.

    One of the most fascinating aspects of their latest book pertains to the manner in which the Chairman of the Joint Chiefs of Staff, General Mark Milley, responded to President Trump’s brazen attempts to overturn the election results by peddling his “Big Lie” that the elections had been “stolen” by the Democrats resorting to widespread fraud. Despite his legal challenges being summarily dismissed, he continues to peddle these allegations to this day. There can be little doubt that his incitement of his supporters culminated in a violent but abortive attempt on January 6 to disrupt proceedings at Capitol Hill to formalise the election results.

    Prior to this, one may recall, General Milley had been excoriated by military veterans, politicians and the media for having unwittingly dragged the military into politics by being present, in uniform, at Trump’s infamous “Bible photo op” at the St John’s Church, immediately after peaceful protestors had been forcefully evicted while demonstrating for racial equality. Indeed, that he then went on to tender a public apology for his error of judgement speaks volumes of his forthrightness, integrity and strength of character.

    On Trump’s attempts to cling to power through force, General Milley reportedly told his colleagues in the Joint Chiefs: “They may try, but they’re not going to f@@###g succeed…You can’t do this without the military. You can’t do this without the CIA and the FBI. We’re the ones with the guns.” His actions have lessons that our military leadership would do well to imbibe. 

    He then initiated action to ensure that the military was not dragged into the political sphere, despite Trump having appointed his own lackeys to key positions within the Pentagon. If the authors are to be believed, he went so far as to compare Trump to Hitler and refer to the January 6 insurrection as the “Reichstag Moment” for the US. On Trump’s attempts to cling to power through force, he reportedly told his colleagues in the Joint Chiefs: “They may try, but they’re not going to f@@###g succeed…You can’t do this without the military. You can’t do this without the CIA and the FBI. We’re the ones with the guns.”

    His actions have lessons that our military leadership would do well to imbibe. It is inconceivable that our senior military hierarchy can, or ever will, adopt such a confrontational attitude towards the leadership of a democratically elected Government, whatever be the provocation, or however unconstitutional be their actions. The aloofness displayed by the military during the 1977 Emergency is a case in point. True, there have been the likes of General Thimmayya, Field Marshal Manekshaw and a few more of that vintage who have displayed spine and opposed Government directions, but these have been few and far between, and restricted only to professional matters within their purview. Moreover, till recently, the military’s senior leadership has been quite circumspect in ensuring that its actions were completely unbiased, apolitical, secular and within constitutional parameters. In fact, it was their adherence to such behaviour that made the military the most popular and respected institution within the country.

    Unfortunately, while the bulk of our military remains apolitical and secular, the actions and public statements of the Chief of Defence Staff, General Bipin Rawat, have created perceptions that the military’s senior leadership has become excessively politicised. Then there is the fact that some very senior officers have taken the plunge into active politics immediately on shedding their uniform.

    While some within the ruling elite may see this turn of events as advantageous to their ideological cause, and in fact encourage this shift within the military hierarchy through the process of “deep selection”, as some allege, they may well be biting off more than they can chew. If there is anything to learn from history, it is that once the military gets sucked into politics, it will not be satisfied acting as a mere handmaiden of those in power. As General Milley so eloquently put it, they are the ones with the guns! We just need to look closely at our own neighbourhood for examples.

    The Government and the legislative would do well to put rules in place that prevent members of the military and even the Civil Services from joining politics without an appropriate cooling- off period.

    It would be in the interest of the political establishment to desist from politicising the military. Creating an uncontrollable monster, that will go on to bite the hand that feeds it, is nothing but sheer stupidity. The Government and the legislative would do well to put rules in place that prevent members of the military and even the Civil Services from joining politics without an appropriate cooling- off period. That would go a long way in insulating them, especially the military, from politics.

    This article was published earlier in the pioneer.

    The views expressed are those of the author.

    Feature Image: www.dailypioneer.com

  • Religion and Governance: An Important Lesson from India’s History

    Religion and Governance: An Important Lesson from India’s History

    The fortunes of India had irrevocably changed on May 29, 1658, when two Indian armies clashed on the dusty fields of Samugarh, near Agra. India’s history changed forever. Aurangzeb’s victory over his brother Dara Shikoh marked the beginning of Islamic bigotry in India that not only alienated the Hindus but also the much more moderate Sufis and Shias as well.

    Aurangzeb’s narrow Sunni beliefs were to make India the hotbed of Muslim fundamentalists, long before the Wahabis of Saudi Arabia sponsored the fanatics of the Taliban and the Islamic State. It was not only a battle for the Mughal throne but also a battle for the very soul of India

    Aurangzeb’s victory here and other successful campaigns resulted in the creation of the greatest and biggest imperial India till then. But the seeds of India’s collapse were sowed.

    In 1620 India had the world’s greatest national income, over a third of it, and was its greatest military power as well. It was the envy of Europe. The European traders came to seek Indian goods for their markets. But no sooner was the iron hand of Aurangzeb no more that his imperial India began to disintegrate. The iron hand that ruled by dividing rather than uniting and that sought to impose a hierarchy by theological preferences gave rise to much discordance. But for Aurangzeb, Shivaji Bhonsle might have remained a minor western Indian feudatory? There are important lessons to be learned from all this for those who rule and seek to rule India.

    The weakening central rule and profit-seeking peripheral kingdoms allowed European trading posts to be established. Weakening regimes led to the trading posts raising armed guards. Soon the overseas trading companies began warring each other and with so many minor states now free to make their destinies joining hands with one or the other it was the Europeans who got gradually got established. The Anglo-French wars of the Carnatic were fought by Indian armies beefed up by trading company levies. The East India Company of the British ultimately prevailed and the French, Dutch, Portuguese and Danish got reduced to pockets.

    A hundred years later, in 1757, the era of total foreign supremacy over India began when the East India Company’s troops drawn from South India and officered by English company executives defeated the army of Nawab Siraj-ud-Daulah at Plassey (Palashi) in Bengal, with the now usual mix of superior drilling, resolute leadership and a bit of treachery. At a crucial time, Mir Jaffar and his troops crossed over. India lay prostrate before Robert Clive.

    Within a decade, on August 12, 1765, Clive obtained a firman from the then Mughal Emperor, Shah Alam, granting the Diwani of Bengal, Bihar, and Odisha to the Company. A Muslim contemporary indignantly exclaims that so great a “transaction was done and finished in less time than would have been taken up in the sale of a jackass”. By this deed the Company became the real sovereign ruler of 30 million people, yielding a revenue of four millions sterling. The John Company grew from strength to strength, and by 1857 the Grand Mughal was reduced to his fort conducting poetry soirees. It was the golden age of Urdu poetry.

    The events of 1857 led to the formal establishment of India as a directly ruled colony of the British empire. It was yet another epochal event. India changed, for the better and for the worse. Once again India absorbed from outsiders, as it absorbed from the Dravidians, Aryans, Greeks, Persians, Kushans, Afghans, Uzbeks, and all those who came to seek their fortunes here. The British were the only ones who came to take away its vast wealth in a systematic manner. The wealth taken from India to a great extent financed the Industrial Revolution in England.

    From then to another epochal year ending with seven took ninety years. In 1947, India became independent. Its GDP is now the world’s third-biggest. In a few decades, it could conceivably become its biggest. But have we learned any lessons from history?

    Given its abject failures on the economic front, the BJP/RSS regime in New Delhi is now pushing India towards a Hindutva nationhood, by seeking to victimise a minority for the perceived wrongs and slights of the past. An intolerant religion can never be the basis of nationhood and national unity in India. The legacy of Aurangzeb tells us that. Aurangzeb had created the greatest empire that India had seen since Ashoka the Great. But it didn’t take very long for it to dissipate. In the hundred years that followed, a foreign mercantile company gained control over all of India.

    The BJP under Narendra Modi might keep gaining electoral dominion over all or most of India. But has the BJP learned any lessons from history? Does the PM  want to become the Hindu Aurangzeb? What is worrisome is that we know well that history is not Narendra Modi’s forte.

     

    This article was published earlier in Deccan Chronicle. The opinions expressed in the article are the author’s personal views and do not reflect TPF’s institutional position or analysis.

    Featured Image: Shah Alam conveying the grant of the Diwani to Lord Clive. en.wikipedia.org

  • Elections and Democracy: Germany’s Mixed Member Proportional System

    Elections and Democracy: Germany’s Mixed Member Proportional System

    It is now well-established that the First Past The Post system of elections followed in Indian democracy is thoroughly unsuited to Indian conditions, as it is more feudal and less of democracy. The German mixed system is better suited to India to ensure a more representative system of elections and accountability.   

    When it comes to choosing an electoral formula, the world often takes extreme positions which range between any variant of the Majoritarian System or that of the Proportional Representation. Proportional representation, to a great extent, has been an apt choice for ethnically divided societies with scholars such as Arend Lijphart asserting that it would strengthen the consociational approach in the political system. Yet, it has been criticized for the unstable governments it may produce and its inability to connect a voter with its representative. On the other hand, Majoritarian systems while praised for their simplicity and ability to produce stable governments, lack inclusivity, and induce tactical voting due to wastage of votes. However, the Parliamentary Council of Germany structured a mid-point for the two extremes to meet, which was initially considered provisional but has remained unchanged. It follows the Mixed-Member Proportional System.

    The Mixed-Member Proportional System combines First Past The Post (FPTP) system (Majoritarian System) with Closed-Party List System (Proportional Representation) and thereby, enables the formation of a Government that is inclusive, stable, and remains connected with the voters.

    Understanding how MMP works in Germany

     The Bundestag (the German Parliament), elected for a four-year term, has 598 seats, distributed among the 16 federal states in proportion to the states’ voting population. Out of the 598 seats, 299 seats are filled through the FPTP system and the other 299 through the Closed-Party List System. This means that every voter has two votes on the day of the election: a constituency vote and a party-list vote. The first vote of electors decides the 299 representatives to be elected through the FPTP system, won based on a plurality of votes, and the second vote decides the proportional number of seats each party would get in the national assembly.

    Once the FPTP seats are filled, the second votes are totalled. Those parties that obtained 5% of votes at the national level or have three representatives elected directly through the single-member constituencies are considered for the allocation of PR seats. The PR seats are allotted in proportion to each party’s vote share using the Sainte-Laguë formula.

    The Sainte-Laguë formula divides the parties’ total votes using a series of divisors (i.e., 1,3,5,7,9….) to form a table of averages. The seats are then allotted to the parties with the highest averages in the table.

    source: Washington university

    Furthermore, these allotted seats are then subtracted from the respective party’s FPTP seats, and the remaining seats are the actual number of party-list seats allocated in the Bundestag. Often, the number of seats allocated to a party through FPTP is greater than those allocated through the Party List and these surplus seats are then kept by the party leading to an increase in the number of seats in the Bundestag for that governing year.

    Implications of the electoral formula

    • Electoral participation

    Over the years, scholars have suggested that Proportional Representation tends to increase the voter turnout in a country. This is said to stem from the fact that the disproportionality between the number of votes received and seats allotted is significantly lower thereby reducing vote wastage, which encourages more voters to go and vote. Unlike FPTP’s ‘winner takes all’ formula, PR provides a chance to even smaller parties to secure their representation in the legislative council. This encourages their support base to vote and at the same time provides an incentive to the party to not limit their campaigning to specific areas (Blais & Carty, 1990). Germany’s electoral participation was 78.5% in 1949 and escalated to 86%, 87.8%, 86.8%, 91%… in successive elections. The lowest turnout was in 2009 with 70.8% and escalated slightly to 76.2% in 2017.

    • Gallagher index

    The Gallagher index created by Michael Gallagher is a statistical analysis methodology used to measure an electoral system’s relative disproportionality between votes received and seats allotted in a legislature. While countries following the PR system do generally tend to do well, Arend Lijphart points out that the German system, which is a mixed system, does exceedingly well compared to pure PR variants.

    Germany scored an average of 1.95 in the 2017 national elections and has consistently maintained a low average in terms of disproportionality in comparison to others. Their highest average was 7.83 for the year 2013. On the other hand, countries that continue to use FPTP such as Canada, Bangladesh, and India record pretty averages of 12.01 (2015), 21.38 (2001), and 16.06 (2019) respectively.

    • Representation

     PR systems generally enable conditions for a more representative legislative council because political parties no longer restrict their discourse and activities to the interests of the dominant communities, given winning a plurality of votes is no longer a deciding factor in their pursuit to secure a seat in the parliament. This provides an incentive for them to look appealing to a larger voter base.

    Germany has seen a steady increase in the percentage of women representatives in the Parliament, starting from 7% in 1949 to 31% in 2017. The need to encourage ethnic minorities to cast a vote provides an incentive to political parties to field candidates who are non-German in origin, and this has enabled the participation of candidates originating from Turkey, Poland, Austria, Romania, and so on.

    • Effects on the Far-Right

    Lisa Harrison in her paper ‘Maximizing Small Party Potential: The Effects of Electoral System Rules on the Far Right in German Sub-National Elections’ writes that far-right or extremist parties see limited success at the national level elections, but they may play a significant role at the sub-national level elections. A major hindrance that keeps these far-right parties away from the Bundestag is Germany’s minimum threshold of votes policy, which allows only those parties that have won 5% votes or 3 FPTP seats to claim representation in the parliament.

    This however changed in 2017 when Alternative for Germany became the first nationalist far-right party to secure seats in the German Parliament since World War II. They received 12.6% of votes, translating into 94 seats in the Bundestag. The rise of the party coincides with the rise of hate crimes against immigrants. In March 2021, it was reported that Germany’s domestic intelligence forces have kept the party under surveillance on the suspicion of trying to undermine the democratic constitution.

     Conclusion

    Electoral systems don’t come up in a vacuum. Rather, they are selected and implemented within the socio-political conditions of a particular nation. This implies that there is no electoral system that is universally applicable. Depending upon the suitability, countries could either side with the Majoritarian system or the Proportional Representation system or could apply both, as in the case of Germany. Germany’s Mixed-Member Proportional System catered to the needs of a constituent assembly which was divided over the question of an apt electoral system and at the same time has continued to do the two things that the constituent members hoped for, maintain stability and remain inclusive.

    As India enters the 75th year of its independence, and as the world’s largest democracy, its electoral experiences of the last seven decades point to the unsuitability of the present FPTP system. Given the large population and the diversity of India, the FPTP system has proved to be a complete failure. The FPTP system does not truly reflect the principle of “one person one vote”, according to which each ballot should have ‘equal force’ in the sense of the share of seats in the parliament. Indian elections system has resulted in a skewed system of vote-bank politics, endemic corruption, and the feared majoritarian tyranny in the name of democracy.  The German model of a mix of Proportional Representation and the FPTP system is what India needs at this to revive and strengthen its democracy.

     

    References:

    Gallagher, M., & Mitchell, P. (2008). The Politics of Electoral Systems (Illustrated ed.). Oxford University Press.

    Zittel, T. (2017). Electoral systems in context: Germany. Oxford Handbooks Online. Published.

    https://doi.org/10.1093/oxfordhb/9780190258658.013.37

    https://www.statista.com/statistics/753732/german-elections-voter-turnout/

    https://www.tcd.ie/Political_Science/people/michael_gallagher/ElSystems/Docts/ElectionIndices.pdf

    https://blogs.lse.ac.uk/europpblog/2017/09/21/measuring-the-diversity-of-each-partys-candidates-in-the-german-election/

    https://www.statista.com/statistics/753494/seat-distribution-bundestag-germany/

    https://www.thehindu.com/news/international/how-serious-is-germanys-far-right-problem/article30952770.ece

    https://www.reuters.com/article/us-germany-security-afd-idUSKBN2AV1M3

     

    Feature Image: angusreid.org

  • Viability of Universal Healthcare in India: Case Study of Sonipat

    Viability of Universal Healthcare in India: Case Study of Sonipat

    The Covid-19 pandemic is a global catastrophe that has disrupted the economies and national health of countries and the livelihood millions across the world. In India, the impact in 2020 was presumably well controlled, and the beginning of 2021 saw the Indian government projecting prematurely the return of normalcy. This sense of normalcy led to a lowering of the precautions, and the month of April saw the rise of the second wave. The second wave was vicious, crippling the healthcare system and resulting in a huge number of deaths, primarily attributed to the shortage of oxygen supply in most states. This crisis exposed the shortcomings of the Indian healthcare system and the wide disparities that exist in access to healthcare between different sections of the society, a result of the shockingly low investment in healthcare and human resources. The catastrophe has led many to question the efficacy of the healthcare system and the level of expenditure incurred on it, and whether universal healthcare would have allowed the country to tackle these events. Analysis of the impact of universal healthcare requires insight into the structure and efficacy of healthcare in India, given our history and experiences.

    The principle behind universal healthcare states that every individual who is a citizen of the country must have access to essential health services, without the obstruction of financial hardship. Among the most efficient methods of ensuring that this principle is adhered to is bringing it under the constitutional mandate. Although the Supreme court has, in its various judgements, recognized health as a fundamental right, it is not yet recognized in the constitution. Article 21 of the constitution reiterates the right to life, with the landmark judgment of Maneka Gandhi v The Union of India specifying that the article also includes the right to live a dignified life and access to all basic amenities to ensure the same. This statement has been given a new context in light of the recent crisis, in which most of the fatalities caused were due to respiratory problems caused by the virus where providing oxygen availability became an essential requirement for the cure. In such a scenario, the oxygen availability constitutes part of basic amenities, which the government failed to supply in adequate quantity. The government fulfils its obligation towards healthcare in the form of government hospitals and healthcare centres, but their situation was synonymous with the private sector. The government claims that the hospitals under their control are sufficient, but the recent predicament has proven that the aforementioned claim is not true. The healthcare services provided by the government will be meaningful only if access to such hospitals is convenient for the common people and the hospitals are well-endowed with investment and human resources. An analysis of our constitution, especially Article 21, which guarantees protection of life and personal liberty, makes it evident that the principles on which our democracy is founded dictate that healthcare is one of the most important obligations of the government, and the most efficient method for fulfilling said obligation is the introduction of Universal healthcare in India.

    An attempt at examining the applicability of universal healthcare was made by the Planning Commission through the 12th Five-Year plan. The first-ever framework for universal health coverage was developed by a High-Level Expert Group, which planned to develop a system that was in accordance with the nation’s financial capabilities. The primary objective of these reforms was to reduce the out-of-pocket expenditures incurred by lower-income groups on healthcare services and increase the number of people covered under the Rashtriya Swasthya Bima Yojana. Around this time the Rashtriya Swasthya Bima Yojana was scrutinized by many due to its low enrolment rates, high transaction costs due to insurance intermediaries, and allegations that the government was using it as a pathway to hand over public funds to the private sector. The objective of reducing out-of-pocket expenditure even though expressly mentioned did not come to fruition because of the lack of extensively funded facilities, especially in rural areas which were covered by RSBY. These facilities were lacking not only in medical infrastructure but also the medicines required for treatment, which compelled the patient to bear the expenses of medicines on their own. The 12th Five-year Plan also proposed an increase in Budget allocation for health from 1.58% to 2.1% of the GDP, which was again criticized because it was very low in relation to the global median of 5%, despite the population size of the country. The healthcare reforms also failed to take note of the important role played by nutrition and the Public Distribution System in aiding the advancement of healthcare. The 12th five-year plan is not considered successful due to the poor implementation of the reforms introduced and provides valuable lessons for the implementation of universal healthcare coverage in the future.

    The need for implementation of universal healthcare coverage can be made evident through a case study of the town of Sonipat, which is near Delhi and is a rural area. The case study is done through the observation of a survey conducted by the Institute of Economic Growth in 2017. The table below shows the data that became available as a result of the last survey conducted.

    CDMO Office, Sonipat District (2017)

    CDMO Office, Sonipat District (2017)

    An analysis of the data portrays that even though the resources and infrastructure are adequate to the population of Sonipat, the facilities are lacking in human resources. The data shows that 6 posts for the Medical Officers (MO) were sanctioned, but only 3 were filled. Despite the high number of deliveries, there was no sanctioned post of a gynaecologist, which can probably be a reason behind the high number of maternal deaths in the area. It was also found that the Non-Communicable Disease (NCD) program was not functioning in the district for the past 2 years. O.P. Jindal University, which is in the heart of Sonipat, houses a total of 7482 individuals, and has an adequate number of facilities, with 5 in-house doctors and 10 nurses. It has an isolation facility ward for cases of communicable diseases. It has an ambulance and referral service to hospitals in the NCR. These facts show that there is an acute shortage of human resources for healthcare in the area. Even though an adequate number of posts were sanctioned, there was no qualified personnel to fill them, and there were no sanctions for important positions. The case of O.P. Jindal university shows that good healthcare requires good investment and incentive for the staff, which the Sonipat administration has failed to provide to the staff of healthcare centres owned by the state.

    The arguments mentioned above portray the acute necessity of universal healthcare in India. The ideals of our constitution implore for the right to health to be established, which gives universal healthcare constitutional support. The failure of the 12th Five-year Plan showcases the failures that can happen if the framework for such a plan is not well-thought-out or well-invested. The example of Sonipat further portrays the need for increased investment in healthcare, which can be achieved by the utilization of universal healthcare. Although there is no concrete data available for the crisis which the nation recently endured, it can be concluded that the approach of universal healthcare could have allowed us to endure this crisis better, as there would have been lesser chances of shortage of supplies like oxygen because of the increased investment. The first step towards the policy of universal healthcare should be to strengthen existing institutions of insurance and learn from the mistakes in the implementation of the RSBY.

     

    References

    1.http://iegindia.org/upload/uploadfiles/Sonipat%20Haryana%202017.pdf

    2.http://ijariie.com/AdminUploadPdf/RIGHT_TO_HEALTH__A_CONSTITUTIONAL_MANDATE_IN_INDIA_ijariie5596.pdf

    3.http://jsslawcollege.in/wp-content/uploads/2013/12/RIGHT-TO-HEALTH-AS-A-CONSTITUTIONAL-MANDATE-IN-INDIA.pdf

    4.http://nhsrcindia.org/sites/default/files/Twelfth%20Five%20Year%20Plan%20Health%202012-17.pdf

    5.https://www.hindustantimes.com/health/why-india-s-national-health-insurance-scheme-has-failed-its-poor/story-6TIXYO0A8CyxTfGYPRdkYK.html

     

    Image Credit: www.financialexpress.com

  • How Representative is the Representative Democracy in India?

    How Representative is the Representative Democracy in India?

    India’s transition from an erstwhile British colony to an independent, sovereign state meant, for her people, a change in their status from being mere subjects to citizens bestowed with adult suffrage. The ultimate authority, therefore, now rests with the citizens. India’s large and complex population made it impossible for this authority to be discharged directly and therefore, the citizens elect their ‘representatives.’ This act of electing their representatives is called ‘elections’ and the set of rules that determine how the elections are conducted and the results ascertained is called the ‘electoral system.’ The electoral system adopted by the Constituent Assembly, through the debates on the constitution for the adoption of the parliamentary democracy, is a variant of the majoritarian system known as the ‘First Past The Post System.’ The fundamental principle underlying the system is that for the candidate, to cement his/her electoral victory, does not need a majority of the votes polled, but only a plurality of votes would suffice. The basis for the decision of the Constituent Assembly members to opt for the FPTP system lies in its simplicity and its promise of producing a stable government. Dr. B.R. Ambedkar when speaking in the assembly said, “Now, I have not the least doubt in my mind that whatever else the future government provides for, whether it relieves the people from the wants from which they are suffering now or not, our future government must do one thing, namely, it must maintain a stable government and maintain law and order. I am therefore very hesitant in accepting any system of election which would damage the stability of the government.”

    Legislative bodies aren’t merely law-making authorities, they are mini societies in themselves that reflect and react to the issues plaguing the citizenry at large. Labelling legislative bodies as mini societies emphasizes the fact that the composition of the representatives reflects the diversity of social groups and shades of opinion present within the country. The divisions and prejudices that exist in the Indian subcontinent based on caste, class, and religion were a primary point of reference for the members of the constituent assembly when debating over whether the various provisions of the constitution would be functional in the country. In this sense, the decision to choose the FPTP system over other electoral formulas signifies an attempt to alleviate the fears of the members of a further divided subcontinent. Yet, as we enter the 75th year of our freedom with entrenched unresolved issues, it brings us back to the question that the constituent members struggled with: how efficient and representative is the present electoral formula?

    Loksabha Elections – 2019

    Regional representation

     A post-election analysis by IndiaVotes showed that the two major alliances – National Democratic Alliance and United Progressive Alliance won 45.2% and 27.5% of votes respectively and the rest was shared among parties including All India Trinamool Congress, Yuvajana Sramika Rythu Congress Party, Biju Janata Dal, Bahujan Samaj Party, Telangana Rashtra Samithi and so on. With 45.2% votes, the NDA led by the BJP satisfied the requirements laid down by the FPTP allowing it to take charge of the government formation. However, what the vote percentage implies is that the current regime isn’t exactly a popular choice given more than fifty percent of the voters chose to vote against them. In their paper ‘Minoritarian Rule: How India’s Electoral System Created The Illusion of a BJP Landslide’, Macdonald and Moussavi call India a “minoritarian” democracy wherein ‘ a plurality of voters selects the majority of representatives in Parliament.’

    Furthermore, the success was concentrated within the states of central and western India which includes- Gujarat, Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar, Chhattisgarh, Maharashtra, and Jharkhand. These are also few of the states with the highest number of Lok Sabha seats- Gujarat (26), Uttar Pradesh (80), Rajasthan (25), Madhya Pradesh (29), Bihar (40), Chhattisgarh (11), Maharashtra (48) and Jharkhand (14). Given how diverse the country is culturally and linguistically, how do we compensate for the lack of the same in the union government?

    Minority representation

     The total minority representation in the 2019 Lok Sabha stands at 9.2%, including Muslims, Christians, Sikhs, and other religious minorities. This means over 90% of the MP’s are Hindus in a country where the minorities make up 19.3% of the total population (Census 2011).

    Kazi Syed Karimuddin when speaking against the efficacy of the FPTP system in the constituent assembly had feared the dilution of minority representation and had said, “Therefore my submission is that the present system as it stands does not guarantee a majority rule as people commonly suppose and does not guarantee a representation to minorities, not necessarily religious, even the political minorities.”  To this Dr. B.R.Ambedkar felt that while the country may not be ready for a complex electoral formula but to ensure minority representation he suggested reserved constituencies for the minorities as an alternative and in this regard, he said, “If any particular minority represented in this House said that it did not want any reservation, then it would be open to the House to remove the name of that particular minority from the provisions of article 292. If any particular minority preferred that although it did not get a cent percent deal, namely, did not get a separate electorate, but that what it has got in the form of reservation of seats is better than having nothing, then I think it would be just and proper that the minority should be permitted to retain what the Constituent Assembly has already given to it.”

    The Constituent Assembly finally decided on reserved constituencies for the communities of Scheduled Castes and Scheduled Tribes only.

    Reserved constituency

     The constitution has reserved 131 out of 543 seats for Scheduled Castes and Scheduled Tribes (84 for SC’s and 47 for ST’s). In the present Lok Sabha out of the 543 MP’s, 138 come from SC/ST communities implying that only 7 MP’s from SC/ST communities have been elected in unreserved constituencies. The situation would have been grimmer had their representation not been secured through reserved constituencies.

    The major loophole in the practice of securing representation through reserved constituencies with the use of FPTP is that it is the Non-SC/ST communities that majorly get to decide who the representative for the SC/ST communities would be. Given SC/ST populations are spread across regions rather than being concentrated in a few, it is then the dominant communities with their muscle and money power that decide on where the votes go. This keeps outspoken and assertive leaders from marginalized communities outside legislative bodies and in a way excludes these communities and their issues from mainstream political discourse. Hence, Macdonald and Moussavi observe, “District boundaries are therefore fundamentally important. Their shape determines the population size and ideological composition of the electorate facing each party.”

    Mainstream political discourse

     With FPTP’s ‘winners take all’ formula, it so happens that political parties restrict their discourse and activities to the interests of the dominant communities as they become the deciding factor in the contestants getting the plurality of votes. Douglas Amy in her paper ‘Proportional Representation: Empowering Minorities or Promoting Balkanization’ says, “The claim that winner-take-all elections are inherently more capable of bridging political divides does not bear up under scrutiny. For example, the requirement that winning candidates appeal to the majority of voters has done little to discourage factionalism. Indeed, it has merely encouraged candidates to attack minority groups to win over the majority.”

    This has not only further marginalized the already marginalized but also hinders the Socio-Economic and Political progress of the country as spaces for discussing “actual” issues shrink and real development can’t be equated to the progress and well-being of a minute population.

    Effect on voters

    Wastage of votes, a definite consequence of the FPTP system as it often discourages voters from turning up to vote. Furthermore, voters indulge in ‘tactical voting’ wherein instead of voting for a candidate/party who aligns with their values and ideals, they end up voting for one of the major parties or the lesser of the two evils whom they think have more chances of winning. In a way, the voter is making no real impact in the making of the government (Singh & Sharma, 2019).

    Conclusion

    The Law Commission, in their reports in the year 1999 and then again in the year 2015, had recommended that the government look into alternative electoral methods and examine how well they’d work out for the country. However, this has remained a recommendation only on paper with governments taking no active interest in the same. Carles Boix in his paper ‘Setting the Rules of the Game: The Choice of Electoral Systems in Advanced Democracies’ (1999) states that “as long as the electoral arena remains the same, and favours the ruling parties, the electoral system is not changed. If there is a change in electoral dynamics due to the coming of new voters or alterations in voter’s preference, then the ruling party reshapes the electoral setup to suit their choices.” Hence, we still do not see electoral reforms being a part of the mainstream political discourse. However, to make our political system more inclusive, diverse, and efficient, it is about time we give electoral reforms a serious thought.

     

    References

    Amy, D. J. (1995). Proportional Representation: Empowering Minorities or Promoting Balkanization? The Good Society, 5(2).

    Boix, C. (2000). Setting the Rules of the Game: The Choice of Electoral Systems in Advanced Democracies. SSRN Electronic Journal. Published. https://doi.org/10.2139/ssrn.159213

    Macdonald, G., & Moussavi, B. (2015). Minoritarian Rule: How India’s Electoral System Created The Illusion of a BJP Landslide. Economic and Political Weekly. Published.

    https://www.constitutionofindia.net/constitution_assembly_debates/volume/7/1949-01-04?paragraph_number=186%2C185%2C12%2C176%2C33%2C189%2C170%2C11%2C7%2C5%2C215%2C196%2C195%2C180%2C179%2C177%2C172%2C122%2C102%2C99%2C98%2C97%2C58%2C57%2C54%2C34%2C6%2C4

    https://www.indiavotes.com/alliance/partyWise/17

    https://scroll.in/latest/924583/elections-2019-bjp-alone-got-more-than-half-the-votes-in-13-states-and-union-territories

    https://en.wikipedia.org/wiki/List_of_constituencies_of_the_Lok_Sabha

    https://www.hindustantimes.com/lok-sabha-elections/from-faith-to-gender-and-profession-to-caste-a-profile-of-the-17th-lok-sabha/story-Mnp5M4pRX3aUji1UFFVy2N.html

    https://www.minorityaffairs.gov.in/sites/default/files/MsDP%20%28FAQs%29.pdf

    https://www.indiaspend.com/governance/reservation-scheduled-castes-tribes-representation-social-justice-755256

    https://theprint.in/opinion/17th-lok-sabha-looks-set-to-confirm-ambedkars-fears-no-vocal-dalits-in-parliament/232383/

     

    Image Credit: www.aa.com.tr 

     

  • Marginalised among the invisible: The case of female migrant domestic workers

    Marginalised among the invisible: The case of female migrant domestic workers

    The Pandemic, lockdown, and the chain of events that followed made the country wake up to the state of the most unfortunate group of the labour force; the migrant workers. They have always remained invisible to the development agenda of the government and only the catastrophe of a pandemic could shed light on their woes. Among this invisible workforce, there remains yet another marginalised group of female migrants.

    In India, female migration was initially considered insignificant by equating their movement merely as associational or followers of men.  However, this has certainly changed in the last decade. Marriage was seen as the central motive behind female migration, though lately more women are seen to enter the labour market post-migration as their labour demand rose in sectors of so-called “female occupations” of domestic work, care-work and certain informal labour requirements in sectors such as in construction, garment work, food services and as coolies and vendors.  As family migration from rural to urban abodes saw a rise in the country, both male and female migrants were required to join the labour force to meet their mere subsistence needs. Lack of employment, low income and other economic reasons pushed females, especially from rural areas, to migrate to urban zones of the country (Singh et al., 2015). While in urban areas, the migrants especially females and children are exposed to extreme vulnerabilities with regard to their dismal conditions of work in the informal sector, urban policies are deeply flawed in omitting migrant welfare and the sheer denial of their civil rights and entitlements.

    Precarious domestic work and female migrants

    Domestic work is often regarded as an invisible and insignificant addition to the social and economic values of a country. The work is increasingly feminised with over 80% of the world’s domestic work occupied by women (International Labour Organisation [ILO], 2013a). And this mirrors the traditional notions of domestic work being a woman’s task. These tasks include traditional housework such as cleaning, cooking, washing clothes or utensils etc. or care-work such as a child or elderly care. Female migrants with low skills, low levels of education and migrating from rural abodes in search of employment form a predominant part of the labour pool. With no recognition and regulation of work, the female domestic workers are subject to unequal power dynamics at the workplace, making their lives precarious in terms of wages, security and wellbeing.

    In India, domestic work employment among females saw an upsurge, especially in urban areas. This surge is mainly accounted for by the increasing need for care work given the changing demography, lack of work opportunities in other sectors and the gender constructions moulded by the society (Chandrashekar & Ghosh, 2012). According to the National Sample Survey (NSSO-2011-2012, 68th round), 39 lakh (3.9 million) people are occupied in domestic work, among which 26 lakh (2.6 million) are females. Micro-level surveys suggest a predominant concentration of female migrants in domestic work, especially in urban areas (Mazumdar et al., 2013).  There are two forms of workers: live-in workers, who are accommodated in the household and live-out workers, who return to their respective houses after work and may be involved in work with multiple households. As there is no relevant national data on migrant workers involved in the sector, micro-level surveys or sector-based studies are the only sources in understanding the conditions of these migrants in domestic work. Studies have stated that migrants with low vocational qualifications and often seen as unregulated and undocumented cheap labour, work under low wages for long hours and in dismal working conditions affecting their health and safety. Live-in domestic workers are more prone to the dangers of sexual and physical abuse. Live-out domestic workers migrating to a new city, struggle with the inaccessibility of social security schemes and entitlements. Exploitation by private placement agencies in terms of wages and work conditions is another area among their hassles.

    The domestic work arena, already an unregulated and unorganised sector, puts female migrants with low bargaining power on a higher vulnerability scale. The task of identifying domestic work hinders the formulation of a sound regulatory mechanism to confront such vulnerabilities.

    Barriers to effective Regulation

    Regulating domestic work is impeded by cultural and structural barriers. The traditional notion and disregard of domestic work by women in households is extended to the understanding of paid domestic work as unproductive and hence, making it undervalued. The structural barriers relate to the unusual workplace in private spheres, which makes it difficult in enforcing labour laws and any form of scrutiny against the privacy norms of a household. The informality of work and its complexities aggravates the barriers in regulation. The employment relationship is uncertain as it is without any legal titles of employee and employer, making the relation very personalised and often not under any form of contract or agreement. Even if labour laws are made inclusive of domestic work, implementation and assurance of compliance of these laws in households are challenged until the household is recognised as a ‘workplace’ and the person hiring as an ‘employer’ in the legal framework (Chen, 2011).

    Even though these barriers existed, the International Labour Organisation (ILO) convention 2011 attempted in ensuring decent work to domestic workers and this is recognised as the most important landmark in identifying domestic work under a legal framework. ILO defines domestic work as “work performed in or for a household or households” and domestic worker as “any person engaged in a domestic work within an employment relationship”. The convention specified a comprehensive labour standard for domestic workers in areas of their wages, hours of work, occupational safety and health and social security. The convention addressed and standardized the various concerns in the sector regarding child labour, migrant workers, trafficking, live-in domestic labourers and private recruitment agencies (C189 – Domestic Workers Convention, 2011). Even after the completion of 10 years of the convention and 32 ILO member countries enforcing the landmark treaty, India is yet to ratify the convention.

    As domestic work remains undefined in the country, no significant statistical standard in estimating domestic workers exist. In the ILO policy brief on “Global and regional estimates of domestic workers” (ILO, 2013b), ambiguous nature of data on domestic workers were noticeable from the widely distributed figures, ranging from 2.5 million estimates from a household survey, 4.5 million workers estimated from official statistics (NSSO 2004-05) to an exaggerated figure of 90 million in news media. This difference in estimation is related to the difference in the identification of domestic work among different establishments (Mahanta & Gupta, 2015). With no clarity in identifying domestic workers inclusive of its peculiarities, these figures could be heavily underestimated too. Being a female migrant in the sector aggravates the problem of estimation as National statistics narrows down female migration patterns merely as associational. And thus failing to understand the true motives behind female migration and the subsequent scale of occupations they reside in (Indu et al, 2012).  Macro data narrows down domestic female labour into regular workers based on their duration in employment and disregarding the conditions of low wages and other insecurities, while the temporary and casual nature of work goes unrecognised (Neetha & Indrani, 2020). The informality of work is another area that India has failed to regulate. Labour laws for industrial labour often disregard informal workers. This is evident in the isolation of migrant workers, especially female migrants in domestic work (Poddar & Koshy, 2019).

     Lacunae in the legal framework

    Domestic work and most feminised occupations, in general, in unorganised sectors, are isolated from the legal framework given their unique characterisation of workplace and employment relationships and not to mention the challenges in recognising their work given the cultural and structural barriers. For female migrants in domestic work or any other informal activity, the situation is similar.

    There were certain positive steps in attempting to recognise the domestic workforce in the country. First of such attempts were their inclusion in the Unorganised Workers Social Security Act 2008 which gave hope, but failed to be implemented across different states (Agrawal & Agarwal,2018). Subsequently, the government also set up a task force to recommend a framework for policymaking and after 10 years, in 2019, we see a draft on National policy on domestic work formulated by the government covering their recognition, access to civil rights and social security schemes, skill development, regulating private placement agencies and a grievance redressal system (“National Policy for Domestic Workers”, 2019). Upon the recommendations of the task force, the domestic workers were to be included under the National Health insurance scheme – Rashtriya Bhima Yojana (RSBY). But the limited awareness of the scheme, its functioning and benefits, coupled with corruption reduced the domestic worker’s accessibility of the same (Mahanta & Gupta, 2015). The suggestion of the task force to include domestic worker rights in existing legislations, pertaining to industrial or organised labourers, was widely criticised because it does not adapt to the peculiarities of the feminised domestic work (Poddar & Koshy, 2019). Ensuring minimum wages to the domestic worker through the Minimum Wages Act 1948 with a task-based approach, while ignoring the aspect of personalised nature of employment completely, puts the live-in workers whose tasks are not quantifiable, out of the ambit of the act’s provisions. Similarly, the inclusion of domestic workers in the Sexual Harassment of Women at Workplace Act (2013), Employees’ State Insurance Act (1948) and Unorganized Workers’ Social Security Act 2008 is considered inadequate. Even though such inclusion is appreciated, these legislations fail to cater to the rights of a domestic worker if they are based on organised sector labour standards and without understanding the complexities of the domestic work (Poddar & Koshy, 2019).

    Private placement agencies, one of the main recruitment channels of domestic work, remain unregulated. This has led to the rise in exploitation in terms of payment and working conditions. The Delhi government drafted a Delhi Private Placement Agencies (Regulation) Bill in 2012 which was widely rejected by the domestic workers’ unions and groups. The proposed bill was criticised to be ineffective as it does not include the registration of the employers and lacks clarity in the process of inspection of these agencies (Chigateri et al., 2016). A study on one of the frequently travelled migrant routes, which is from Jharkhand to Delhi, reveals that migrants were subjected to conditions of exploitation and forced labour under such placement agencies. Conditions of forced labour are witnessed mainly among live-in domestic workers, who have to work under the agent for the stipulated period. The Inter-State Migrant Workmen’s (Regulation of Employment and Conditions of Service) Act 1978 fails to address this issue as placement agencies relating to domestic work do not come under the ambit of the act. The act considers only those labour contractors who are registered at the origin state. Placement agencies involved in domestic work function through several sub-agents and mostly are unregistered (ILO, 2015)

    There were some positive responses from state governments. The state of Tamil Nadu set up the Tamil Nadu domestic workers welfare board.  Similarly, Maharashtra set up a domestic worker welfare board under Maharashtra Act (Agrawal & Agarwal, 2018) in 2008 while Kerala adopted a domestic worker bill in 2009. States like Kerala, Karnataka, Andhra Pradesh, Maharashtra, Tamil Nadu, Bihar and Rajasthan have set the minimum wage rate (Madhav, 2010). Neetha and Palriwala (2011) analysed the state legal framework on domestic workers and pointed out the same inadequacies noted over and over again, that is of not recognising the intricacies of domestic work, workplace, its several sub-categories, unregulated placement agencies and its unique employment relation. With no data on domestic workers and at the same time their numbers continuing to increase, these loose legislations and provisions go unnoticed by the workers.

    In 2019, with the view to improving compliance and bringing about uniformity of laws, 29 labour laws were consolidated into 4 labour codes: a) code on wages, b) code on industrial relation c) code on social security and d) code on occupational health and working conditions (“Overview of Labour Law Reforms”, n.d.). While the notion was to make the labour laws more transparent and such consolidation was expected to increase the coverage of different workers under the law, these codes remain ambiguous when it comes to certain sectors of informal work. Neetha and Indrani (2020) analyse these codes through a gender lens focusing on domestic and migrant workers. Code on wages does not incorporate private households as an entity hiring employees and thus domestic workers who struggled to attain minimum wages under the previous Minimum wages act (1948) have no mention, leaving them ambiguous. Code on industrial relations dealing with collective bargaining and industrial disputes, do not mention freedom of association in unorganised sectors and curbs the right to strike which has serious implications of registration of domestic workers under trade unions and their right to collective bargaining. Code on social security (CSS) has consolidated the unorganised workers’ social security act 2008, which was the first attempt towards the recognition of domestic workers and the new code puts the functioning of such acts and provisions for the unorganised sector under the discretion of the government, leaving out legislative scrutiny. Hence, there is uncertainty of the efficient functioning of these acts under CSS. Under the code, maternity benefits were applied only to the registered establishment of work. And domestic workers with no recognition of the workplace become ineligible for the same. Code on occupational health and working conditions is also seen to have not recognised the need for laws based on different sectors of work. It has again failed to include private households as a workplace, leaving the conditions of domestic work unregulated. Another failure relates to ignoring the Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) 2013, which further leaves out the scrutiny of abuse or exploitation of domestic workers. The fact of being migrants among domestic workers isolates them even further from these labour codes.

    The lacunae in existing legislation in recognising domestic work and migrant labour continues to be beset in ambiguities with the new labour reforms.

    Present scenario: Covid-19 adding to the vulnerabilities

    The onset of the Covid-19 and the resultant lockdowns have led to massive disruptions of normal life resulting in the shocks of sudden unemployment, financial strain and increased burden for workers in the unorganised sector. The migrant workers bore the highest brunt. In such a scenario, female migrants in an unregulated and isolated sphere of work such as domestic workers have been subject to severe distress. The lockdown and reduced mobility left the workers unemployed and without income. Live-in migrants faced increased workload but no change in wages. Even with the slow revival of the economy, they are under threat of being infected or being carriers, given their precarious work and living conditions. Sudden dismissals and financial strain have forced many to the situation of borrowing money for subsistence and eventually ending up in debt. Workers struggle to meet the basic needs of health, food, education of the family with lower income and savings (Sumalatha et al., 2021). With dismal employment relations and working conditions, coupled with the exclusion from the legal framework and social protection, Covid-19 has expanded the existing inequalities.

    Government intervention:  The need of the hour

    Government intervention both in ensuring basic rights and providing for the welfare of the domestic workers have been negligible. The cultural and structural barriers are not the only challenges in regulating domestic work. There is a lack of political will in acknowledging domestic workers and their woes. As they remain scattered and invisible, the domestic workers are not seen as potential vote banks and hence remain without any political influence. The sector which is comprised largely of female migrants is devoid of any political voice and agency in their origin or host states since there are barriers in pursuing their voting rights given the nature of their migration. Their interactions with civic authorities and politicians in the host state are marginal and hence, their issues do not come to the fore (Bureau, 2018). There is a lack of awareness among the migrant workers on their voting rights. They are largely unaware as to who should be approached in the host state to resolve their problems. Even a migrant worker, well aware of his/her political rights and agencies, refrain from pursuing any form of interaction as they have either lost faith in the system or are disillusioned by the long time and effort spent pursuing the cases with no results to show. This highlights the need for effective political inclusion of migrant workers and the generation of political and electoral awareness among them (Bureau, 2018).

    Further, identification and protection are the two essentials in creating an inclusive environment for female migrants in domestic work. The feminized nature of domestic work in the country, concentrated predominantly among poor and marginalised migrant workers, need to be recognised as dignified “work” and households they work in as “workplace”. Only separate comprehensive legislation on domestic work can incorporate the varied complexities of the sector, rather than a mere extension of organised sector legislations. Such separate legislation would provide the domestic worker with an identity that can ensure them their rights and entitlements (Sharma & Kunduri, 2015). The legislation should address the working conditions, violations and exploitations, provisions for mobilisation, illegal channels of private placement agencies and establishing basic civil rights from a gender perspective to incorporate the differential experience of females in the sector. Efficient implementation and scrutiny of the same require statistically significant data, the absence of which is another flaw in the system.

    Domestic worker’s inaccessibility of social protection is the result of the lack of recognition. Migrant workers in the sector without any identity proof or formal registration are excluded from social protection schemes. Agrawal and Agarwal (2018) suggest setting up an independent welfare board in every district responsible for registering, ensuring availability of social security benefits, conducting dispute resolution, dissemination of information and providing skill development and training for domestic workers. The provision of financial incentives can help in coping with sudden unemployment situations during any form of crisis such as the pandemic. Allowing for the organisation of domestic workers into unions and cooperatives can also be beneficial in attaining social and legal protection. Domestic worker groups such as SEWA and National Domestic Workers Movement (NDWM) in the country have been attending to the woes of the domestic workers by providing a platform for collective bargaining and assertion of rights.

    The introduction of the draft on National Policy on Domestic workers can be seen as a positive development, however, the policy still remains in consideration. Vulnerabilities of the domestic workers, exacerbated by the pandemic, highlight the urgent necessity for the ratification of the ILO convention on domestic workers. There is an urgent requirement in increasing the government’s sensitivity towards domestic workers and their precarious existence.

    References

    1. Agrawal, U., & Agarwal, S. (2018). Social Security for Domestic Workers in India. Socio-Legal Rev., 14, 30
    2. Bureau, A. (2018). Political Inclusion of Seasonal Migrant Workers in India: Perceptions, Realities and Challenges.
    3. C189 – Domestic Workers Convention, 2011 (No. 189). (n.d.). Retrieved July 15, 2021, from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C189
    4. Chandrasekhar, C. P., & Ghosh, J. (2012, November 12). Changing patterns of domestic work. @businessline. https://www.thehindubusinessline.com/opinion/columns/c-p chandrasekhar/changing-patterns-of-domestic-work/article22985402.ece
    5. Chen, M. A. (2011). Recognizing domestic workers, regulating domestic work: Conceptual, measurement, and regulatory challenges. Canadian Journal of Women and the Law, 23(1), 167-184.
    6. Chigateri, S., Zaidi, M., & Ghosh, A. (2016). Work Like Any Other, Work Like No Other103. Retrieved July 18, 2021, from http://www.unrisd.org/indiareport-chapter4
    7. Chigateri, S. (2021). Labour Law Reforms and Women’s Work in India: Assessing the New Labour Codes From a Gender Lens. Institute of Social Studies Trust.
    8. Indu, A., Indrani, M., & Neetha, N. (2012). Gender and migration: Negotiating rights, a women’s movement perspective. Delhi: Centre for Women’s Development Studies.
    9. International Labour Organisation (ILO). (2013a). Who are domestic workers? Ilo.Org. https://www.ilo.org/global/docs/WCMS_209773/lang–en/index.htm
    10. International Labour Organisation (ILO). (2013b). Global and Regional Estimates on Domestic Workers.
    11. International Labour Organisation (ILO), (2015). Indispensable yet unprotected: Working conditions of Indian domestic workers at home and abroad. Retrieved July 19, 2021, from https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—declaration/documents/publication/wcms_378058.pdf
    12. Klemm, B., Däubler, W., Beimin, W., Lai, A., Min, H., & Sinha, S. (2011). Protection for Domestic Workers: Challenges and Prospects. Briefing Paper Special Issue, May, Friedrich Ebert Stiftung.
    13. Madhav, R. (2010). Legal Recognition of Domestic Work. Labour File, 8, 41.
    14. Mahanta, U., & Gupta, I. (2015). Road ahead for domestic workers in India: legal and policy challenges.
    15. Mazumdar, I., Neetha, N., & Agnihotri, I. (2013). Migration and gender in India. Economic and Political Weekly, 54-64.
    16. National policy for domestic workers. (2019, February 13). Retrieved July 18, 2021, from https://pib.gov.in/Pressreleaseshare.aspx?PRID=1564261
    17. Neetha, N. (2004). Making of female breadwinners: Migration and social networking of women domestics in Delhi. Economic and Political Weekly, 1681-1688.
    18. Neetha, N., & Palriwala, R. (2011). The absence of state law: Domestic workers in India. Canadian Journal of Women and the Law, 23(1), 97-120.
    19. Neetha N., & Indrani, M. (2020, June 01). Crossroads and Boundaries : Labour Migration, Trafficking and Gender. Retrieved July 19, 2021, from https://www.epw.in/journal/2020/20/review-womens-studies/crossroads-and-boundaries.html
    20. Overview of Labour Law Reforms (n.d.) Retrieved from https://prsindia.org/billtrack/overview-of-labour-law-reforms#_edn2
    21. Poddar, M., & Koshy, A. (2019). Legislating for Domestic’Care’Workers in India-An Alternative Understanding. NUJS L. Rev., 12, 67
    22. Shanthi, K. (2006). Female labour migration in India: Insights from NSSO data(Vol. 4, p. 2006). Chennai: Madras School of Economics.
    23. Sharma, S., & Kunduri, E. (2015). Of Law, Language, and Labour: Situating the Need for Legislation in Domestic Work. Economic and Political Weekly, 50(28).
    24. Singh, N., Keshri, K., & Bhagat, R. B. (2015). Gender dimensions of migration in urban India. In India Migration Report 2015(pp. 200-214). Routledge India.
    25. Srivastava, P., & Shukla, P. (2021). Crisis behind closed doors domestic workers’ struggles during the pandemic and beyond. Economic and Political Weekly, 17-21.
    26. Sumalatha, B. S., Bhat, L. D., & Chitra, K. P. (2021). Impact of Covid-19 on Informal Sector: A Study of Women Domestic Workers in India. The Indian Economic Journal, 00194662211023845.

     

    Image Credit: ucanews.com 

  • Wage theft plagues India’s migrant workers

    Wage theft plagues India’s migrant workers

    Though the South Asian country has relied heavily on remittances from its international migrant workers, the government has been remiss in ensuring their protection and welfare. As labor violations spike amid the COVID-19 pandemic, these workers are left to fend for themselves.

    In August 2020, a group of around forty Indian construction workers staged a hunger strike in Kraljevo, Serbia, demanding to be paid. In addition to not receiving months’ worth of wages from their employer, they had been working 10-12 hours a day without proper food or access to healthcare and were living in cramped, unhygienic quarters during the COVID-19 pandemic.

    The migrant workers from across India first arrived in Serbia in mid-2019. According to the Building and Wood Workers’ International (BWI), a global union federation, around 150 Indians were employed across the Balkan country for the construction of the Corridor 11 project. In a Zoom interview, two of the workers recounted how their troubles with getting paid had begun soon after arrival. When their situation didn’t improve, the first group was repatriated to India in January and February 2020. The rest, including those protesting in Kraljevo, were repatriated by September 2020.

    Much of the Indian government’s efforts have been focused on Gulf countries, where, based on data from the International Labour Organization (ILO), around 9 million Indians live and work. However, the BWI warns that Europe is fast becoming a hub for the exploitation and trafficking of third-country nationals. In Serbia, other reports of exploitation of migrant groups from China and Turkey have recently come to light.

    When he heard about the stranded Indian workers, Ramachandra Khuntia, chair of the BWI Indian Affiliates Council and a former Member of Parliament (MP) contacted the Indian Ministry of External Affairs (MEA) and the Indian embassy in Belgrade multiple times.

    the BWI warns that Europe is fast becoming a hub for the exploitation and trafficking of third-country nationals.

    What followed was a cross-border initiative involving labor unions, the Indian government, and Serbian anti-trafficking organization ASTRA. “We were finally able to bring the workers back home. But ‘til today, they have yet to receive their wages from the employer,” says Khuntia.

    “The payment of arrear wages is usually dealt with by the labor department in the host country, but the matter can be pursued through the Indian embassy,” explains Khuntia, adding that despite assurances from the Indian government and the Indian embassy in Serbia, the payments seem nowhere in sight.

    Indian construction workers stage a hunger strike in Kraljevo, Serbia, in August 2020. Amid the COVID-19 pandemic, wage theft has soared across the world, and often, the victims are migrant workers from India, who receive patchy support from their own government and have to rely on unions or non-profits for help. (Photo credit: BWI/Boobalan D) 

    Job loss and other ordeals

    Wage theft — the illegal practice of denying workers the money that they are rightfully owed — has dramatically increased during the COVID-19 pandemic. In addition to the non- or incomplete payment of wages, employees have to deal with job loss, non-payment of termination benefits, poor working conditions, and hurried repatriation without the chance to register their grievances.

    Migrant workers’ troubles begin in their country of origin, not abroad. “It is a new form of slavery that begins before they even leave the country in the form of recruiting fees. Recruiting agents and others involved are selling dreams to migrant workers.”

    Ponkumar Ponnuswamy, president of TKTMS, a construction workers’ union in Tamil Nadu that was directly involved in the process of repatriating the stranded workers, says that each of the workers is owed anywhere between the equivalent of US$1,300 and US$2,600 by the aforementioned company, depending on how long they were in Serbia. For the workers who were put through this trying ordeal, their unpaid wages represent a substantial amount of money that would have otherwise gone towards debt repayments, medical treatments, and basic subsistence.

    “I think it is a huge loss not only at the individual level but also at the country level,” says S. Irudaya Rajan, an expert on Indian migration and member of the Kerala government’s COVID-19 expert committee. Migrant workers constitute an integral part of the global economy, with their remittances adding up to over three times the amount of international aid and foreign direct investment combined. India, the world’s largest source of international migrants, received US$82 billion in remittances in 2019 according to World Bank data, a sum that has helped keep millions out of poverty.

    “COVID-19 has become a great opportunity for exploitation,” says Rajan, who is currently heading a study on counter-migration from the Gulf to assess wage theft.

    But according to him, migrant workers’ troubles begin in their country of origin, not abroad. “It is a new form of slavery that begins before they even leave the country in the form of recruiting fees,” he says. “Recruiting agents and others involved are selling dreams to migrant workers.”

    The Indian government requires recruiting agents to register themselves with the Protector General of Emigrants. Despite this, many illegal agents continue operating across the country. (Photo credit: Yamuna Matheswaran)

    Is the Indian government doing enough?

    In theory, the Indian government offers various resources for those who emigrate for work: registration portals, insurance schemes, awareness programs, and helplines. They also provide a list of registered recruiting agents (RAs) across the country.

    But the reality of emigration is far more complex, even confusing. For instance, it would be safe to assume that only a fraction of the RAs operating in India is registered with the MEA. A 2018 investigation by the Migrant Forum in Asia (MFA), with the support of ILO, found that in the state of Punjab alone the number of unregistered agents ran into several thousands, despite the 2014 Punjab Travel Professionals Regulation Act requiring mandatory registration of all consultants, agents, and advisors involved in sending people abroad.

    These unscrupulous agents make emigrants more vulnerable to exploitation by charging illegal fees and pushing unfair contracts. Some workers arrive in a foreign country only to learn that the job they were recruited for doesn’t exist, says Rajan. Others end up without appropriate visas or permits and are never registered in the system.

    The MEA limits the service fees RAs can charge their clients, which caps at INR 20,000 (around US$270). But Rajeev Sharma, Regional Policy Officer at BWI’s South Asia office, says that many of the workers have paid far more depending on the state they hailed from.

    “Workers from Punjab, for instance, paid up to INR 100,000 (US$1,365) to 150,000 (US$2,048) to the agent,” he says. “We don’t know how they managed to fund their journey, they may have run into debt – so it’s not just the salary, so many other issues are involved.” When asked about this practice, one of the agencies involved – an unregistered ‘Shakti Tread Test Centre’ run by Muktinath Yadav in Deoria, Uttar Pradesh – gave no response.

    “Covid-19 has become a great opportunity for exploitation” – Dr. S Irudaya Rajan, an expert on Indian Migration

    Indian missions abroad are tasked with ensuring the welfare of overseas Indian nationals. The migrant workers and union members state, however, that the Indian embassy in Serbia failed to even register their grievances properly. The Embassy of India in Belgrade did not respond to requests for comment. In response to an inquiry about grievance redressal mechanisms for repatriated migrant workers, the MEA’s Protector General of Emigrants instead pointed to the Pravasi Bharatiya Sahayata Kendra, a general helpline.

    Amnesty International raised concerns about the state of migrant workers under Covid-19 in the Gulf.
    Image Credit: amnesty.org

    “Grievance portals address a lot of topics, including pre-departure issues. However, there needs to be a specific focus on wage theft, particularly during COVID-19,” says Rajan. He stresses the importance of collective bargaining by various governments at the South Asia level, as well as proper grievance registration by Indian embassies in order to pursue the necessary legal steps.

    Recognizing the lack of global mechanisms to address wage theft, Congress MP Shashi Tharoor stated during a panel discussion last year that an escrow fund could be set up, with employers depositing six months’ worth of wages in order to protect workers against non-payment.

    Need for awareness building

    In the case of the Indian migrant workers in Serbia, it was labor unions that initially came to their rescue, following through until they had arrived safely back to their respective homes. When asked if there is enough awareness among migrants themselves about their rights and the resources available to them, Rajan says: “Absolutely not, and I think that is where we are failing.”

    “Migration has three cycles,” he explains. “The first — pre-migration cycle — happens in our country,” and steps to protect migrant workers need to start here. Rajan believes that the government should make pre-departure orientation programs, including skills training, mandatory. “Most workers don’t even know the currency of the host country. They know, in rupees, how much they expect to make and in how much time.”

    Khuntia, of the BWI Indian Affiliates Council, highlights the utter importance of signing bilateral agreements with host countries regarding wages, healthcare, and social security so that those emigrating can feel secure. “And if anything were to happen, by virtue of this bilateral agreement, the Indian government can negotiate with the host country and provide relief to the workers,” he concludes.

    “If everybody were cheated, there would be no migration,” says Rajan. But it’s important to share not only success stories but also those of struggles, he continues, to raise awareness among prospective migrants. It’s not about “how many people we send” but about how well-informed our migrant workers are when they are deployed abroad, he says.

    This article was first published on Asia Democracy Chronicles.

    Feature Image: dw.com

  • Civil-Military Relations: Differing Perspectives

    Civil-Military Relations: Differing Perspectives

    There are a number of theoretical constructs that have been propounded to explain Civil-Military Relations. However, these concepts, be it Huntington’s “Objective Civilian Control”, or Morris Janowitz views on “Subjective Control”, and there are others as well, basically interpret and differentiate the interplay between the degree of civilian dominance and military autonomy.

    Introduction

    At the present time, there is an ongoing controversy in the public domain with regard to our Higher Defence Management as the Services are unable to agree on how to proceed forward with the Government’s stated aim of establishing Theatre Commands. We are told that Raksha Mantri has asked the CDS to convene a meeting of the three services to thrash out the matter so that a consensus can be reached on how to proceed forward. This direction by the RM is a clear pointer to the distressing state of civil-military relations prevailing within our country.

    In any democracy civilian control over the military, which implies the control exercised by our elected representatives through the government, is the very foundation on which civil-military relations are based. Therefore, one would expect when the Services have divergent views, the politicians would step in and give concise directions on how the Services are to proceed. In roughly similar circumstances in the United States, for example, the US Congress broke the logjam through the Goldwater-Nichols Act in 1986. This brought about sweeping changes to the  Department of Defense by reworking the command structure of the United States Military. More recently, in China, on President Xi Jinping’s directions, transformational changes to the PLA’s organizational structure were undertaken. So, to clearly understand why our Ministry of Defence (MOD) is unable to push through such reforms, we perforce must examine its functioning and set up.

    In essence, however, Civil-Military Relations are a messy affair, not just here, but worldwide. The Goldwater Nichols Act, for example, took a year to be passed and nearly another four to five years to be implemented. There are a number of theoretical constructs that have been propounded to explain Civil-Military Relations. However, these concepts, be it Huntington’s “Objective Civilian Control”, or Morris Janowitz views on “Subjective Control”, and there are others as well, basically interpret and differentiate the interplay between the degree of civilian dominance and military autonomy.

    Leaving aside the theoretical aspects, the one thing on which there can be no disagreement is the fact that success or otherwise at tackling vital national security issues depends on, what Raj Shukla in his paper “Civil-Military Relations in India” (CLAWS, 2012), calls “the pattern of institutional interaction between the civil and military components of a nation’s polity.” Most importantly, in our context, this is essential not just because the military is responsible for protecting our national sovereignty and territorial integrity, and must, therefore, deliver the maximum bang for the buck, but more so, because defence spending, while at its’ lowest in the past seven years,  is still  13.73% of all government expenditure at Rs 4.78 Lakh Crores. Not an insubstantial amount in any way.

    In the opinion of Steven Wilkinson, author of  Army and Nation: The Military and Indian Democracy Since Independence, our military has been defanged and “coup proofed” by a series of measures put in place by the bureaucracy and its political masters.

    Historical Precedent

    It is important to remember the Spanish philosopher, George Santayana’s, words of wisdom that “those who cannot remember the past are condemned to repeat it”, we would also do well to recall the maxim that “there’s a reason why your windshield is bigger than your rear-view mirror. Where you’re headed is much more important than what you left behind”. Therefore, seventy plus years on, historical precedent means little, because we have had enough time to have absorbed lessons from the wars we have fought since and adapted our HDO accordingly. Suffice it to say that Prime Minister Nehru had an inherent dislike for the military and was apprehensive of what it could do, especially after seeing what was happening in our neighbourhood.

    In the opinion of Steven Wilkinson, author of  Army and Nation: The Military and Indian Democracy Since Independence, our military has been defanged and “coup proofed” by a series of measures put in place by the bureaucracy and its political masters. These include a steep decline in its precedence and perks, diversifying its ethnic composition and giving overriding powers to the civilian bureaucracy within the Ministry of Defence in every aspect of military functioning, including the selection of senior ranks.

    In addition, large paramilitary forces under the Union Home Ministry have also been formed to “ring-fence” the military and for use as countervailing forces against it, if required. Finally, the lure of post-retirement crumbs, such as an ambassadorship, governorship or membership of the Armed Forces Tribunal has ensured that the senior hierarchy remains quiet and continues to toe the Government line. All of this has weakened the military to a large extent making it a less attractive career, which is why it has been attempting to cope with large deficiencies over an extended period of time.

    The Kargil Conflict of 1999 caught us by surprise, and in its aftermath, there were calls for drastic changes to the existing system. It was obvious that the existing defence paradigm of the Indian state was obsolete while we were in the 21st century, our command and control structures were still in the 20th century. The Government established the Kargil Review Committee headed by K Subrahmanyam to go into the issue of reforms and its subsequent recommendations were handed over to a group of ministers for examination and implementation.

    Amongst the recommendations made, the three that were of most importance pertained to the necessity for integration of the services both with each other and with the MOD; the creation of a chief of defence staff (CDS); and joint operational commands. Like nothing else, the Kargil Conflict showed up the serious lack of synergy amongst the three Services of Armed Forces as well as a lack of coordination between the Armed Forces and Civil authorities. It must be pointed out that while some of the lesser recommendations were implemented, including facetiously attempting to fool the political establishment by renaming the Service Headquarters, it has only been after nearly two decades that any serious movement towards reforms has been undertaken with the appointment of the CDS and the Department of Military Affairs (DMA). It is still too early to comment on their efficacy.

    Characteristics of Civil-Military Relations in India

    It may come as a surprise to some that the Raksha Mantri and the civilian bureaucrats in the MOD, apart from handling the three Services and the Coast Guard, also deal with a number of civilian manned and run agencies such as DRDO, OFB and Veterans Welfare etc. The total number of civilians paid from defence estimates exceeds 500,000. To put it in perspective it is larger than the active strength of the Pakistan Armed Forces.

    Anit Mukherjee in a paper titled The Absent Dialogue (Seminar 599-2009)  suggests that there are three main characteristics that our Civil-Military Relations present, which explains to a large extent the ongoing interaction between the two. These are:

    • Strong administrative, procedural and bureaucratic controls over the armed forces. Where this differs from other democracies in this respect is the complete lack of expertise on defence matters among the civilian bureaucrats. As a result dialogue between both sides is constrained and, as is to be expected, they are more focused on the process than the outcome. This lack of knowledge also ensures that they are unable to “arbitrate between competing parochial interests”, and are also unwilling to take responsibility or be held accountable for controversial decisions.
    • While consulted, the military is excluded from the crucial decision-making forums, thereby denying them a role in the policy-making process. The CDS has only been granted the position of a member of the Defence Planning Committee (DPC) as well as in the Strategic Policy Group (SPG), both headed by the NSA, which is the “principal mechanism for inter-ministerial coordination and integration of relevant inputs in the formulation of national security policies.” Thus, the NSA de facto performs the duties of the CDS—a peculiar situation since the former completely lacks the requisite experience.
    • The military has been granted a great deal of autonomy concerning its own affairs. is allowed to do much of what it wants in what it considers its own sphere of activity: training and education, threat assessments, force structure, doctrine, innovations, appointments (up to a certain rank) and miscellaneous welfare activities. This makes for personality-driven interactions.
    • In addition to the above three characteristics as propounded by Anit Mukherjee, there is also the issue of disjointed and uncoordinated interaction between the MOD with the Ministry of Finance (MoF). For example, Amit Cowshish in his paper, Distortions in the Discourse on Modernization of Armed Forces, in the Journal of Defence Studies (Vol 8, No3, Jul-Sept 2014) writes that “in the run-up to the formulation of the 12th Defence Five-Year Plan (FYP) (2012–17), all the Services Headquarters confirmed to the MoD that the Op Directives were a good enough basis for formulating the plan. However, “the difference of opinion between the MoD and the Ministry of Finance (MoF) over the size of the 11th Defence FYP (2007–12) was one of the reasons why it could not be brought before the Cabinet Committee on Security (CCS)”.

    Impact on Functioning

    The impact on the functioning of our Higher Defence Management of all of this is that we live in a divided house in which the atmosphere reeks of distrust and hostility, the currency for interaction is power, and the aim of all stakeholders is to protect one’s own turf at all costs, at the very least. It is indeed unfortunate that the most important lesson we seemed to have picked up from the British and perfected, is the fine art of divide and rule.

    The second issue of import is the fact that over all these years we have not been able to formulate a comprehensive National Security Strategy document. This goes far beyond just the functioning of the MOD or Civil-Military interactions and can be blamed on our inability to adopt a ‘whole of government approach. Nonetheless, its absence has not only caused ambiguity in our strategic aims but also has had a debilitating effect on our military. As I have written elsewhere in my paper Rebooting the India Army: A Doctrinal Approach to Force Restructuring (ORF Issue Brief No439, Feb 2021) that “The NSS is also the foundation for a comprehensive military doctrine by the Armed Forces. This military doctrine acts as a formalised guideline that broadly visualises the nature of potential conflicts, the preparations required for them, and the methods to be adopted. In its formulation, it flows from the military-strategic goals enumerated, which dictate how the military must be organised, trained and equipped to carry out its assigned missions”.

    It implies, that instead of transforming our organizational architecture or processes to deal with future conflict scenarios we adopt the lowest common denominator that allows for compromise. 

    If perceptions, within the Services and at the MOD, vary about what our strategic aims are and how we plan to accomplish them, then substantive dialogue on the issue of integration and joint manship are extremely difficult. It implies, that instead of transforming our organizational architecture or processes to deal with future conflict scenarios we adopt the lowest common denominator that allows for compromise.  Basically, that allows us to adopt a bureaucratic bean-counting mode, to ensure harmony among all stakeholders, which translates to proportional representation in all aspects of functioning, entailing only superficial changes in the status quo. The Armed Forces Special Operations Division (AFSOD) is the perfect example of such an approach. Instead of consolidating all of our Special Operations Forces (SOF) resources, we have adopted a flawed approach, not unlike what the United States adopted.  after the disaster of Operation Eagle Claw in 1980, the abortive bid to free US diplomats held hostage by the Iranians. They formed the Joint Special Operations Agency which was flawed as it had neither operational nor command authority over any SOF. By providing minimal resources that have little operational impact, we have managed to pay lip service to jointness while each Service continues to control and employ its SOF assets as it chooses.

    Conclusion

    The only way forward for us is a change in mindsets and attitudes. We can no longer afford a system wherein, according to K. Subrahmanyam, “politicians enjoy power without any responsibility, bureaucrats wield power without any accountability, and the military assumes responsibility without any direction”. We need a more informed and enlightened polity that is aware of our security environment and is willing to demand answers from our political and security establishment as to how our tax Rupees are being spent on defence. There is no doubt that accountability is the key to a more secure future.

    It is time our political establishment got real, set aside bureaucratic infighting and apathy and took control as the Constitution requires them to do. This requires a better understanding of security issues along with political will, determination and a more assertive leadership that is focused on strengthening our institutions. Otherwise, as Anit Mukherjee so aptly asserts, “It might not make a pretty picture to say that we are weak because we choose to be weak, but sometimes it is necessary to look in the mirror”.

    Feature Image Credit: www.ipdutexas.org

    Article Image Credit: patimes.org

     

  • India’s Duality on Growth and EIA Regulations

    India’s Duality on Growth and EIA Regulations

    Amidst the first nationwide Covid-19 emergency lockdown, the Ministry of Environment, Forest and Climate Change [MoEF&CC] published the draft Environment Impact Assessment (EIA) notification 2020 to replace the earlier 2006 notification under the Environment (Protection) Act, 1986. EIA is a process to estimate the overall environmental impacts of projects by taking into consideration the views of the people to decide whether the proposed project is approved for operation. Implementation of EIA is a form of control over the exploitative malpractices of private players while at the same time, it could also form a prerequisite for grants and loans by various international financing institutions.

    The major flaw with the previous EIA which even the current draft failed to fix was its low integration with other frameworks of ecological governance and public policy.

    Commonly the EIA has an entire process of reporting depending on the country and the industry. India follows four major steps in this process: scoping (issuing terms of reference), preparation of the report, public consultation, final expert appraisal. The major flaw with the previous EIA which even the current draft failed to fix was its low integration with other frameworks of ecological governance and public policy. The argument of rent-seeking, red-tape bureaucracy, delay in clearance were legitimate criticism by the current government and developers when we look into the number of scattered amendments made to EIA 2006.

    However, the aim of making the new draft more transparent and pragmatic was proposed through the removal of several activities from consultation and granting post-facto approval. It dismantles the notion of prior clearance from expert committees based on the categorization (A, B1 and B2), construction project size (built-up area up to 150,000 sq. m), reduction in monitoring period (from every 6 months to once a year), exemptions to ‘strategic’ programs and ‘border regions’ all of which were set arbitrarily (Gupta 2020). Reducing the notice period for a public hearing from 30 days to 20 days further dilutes the effectiveness.

    While massive online protests, public feedbacks and petitions ensued, there were cases of websites blocked by filing Unlawful Activities Prevention Act (UAPA) to few environmental groups such as ‘Fridays For Future’ and others

    Additionally, the possibility of granting resumption through remediation of ecological damage based on assessment goes against the precautionary principle of avoiding environmental harm. The notification also excludes reporting public violations, instead only reports by government and regulatory authority, appraisal community and violator-promoter are reckoned. According to many activists, the reluctance of the MoEF&CC in translating the draft document in vernacular languages for people without any literacy in Hindi and English further favour the majority. While massive online protests, public feedbacks and petitions ensued, there were cases of websites blocked by filing Unlawful Activities Prevention Act (UAPA) to few environmental groups such as ‘Fridays For Future’ and others (Kunal 2020).

    Nonetheless, the Ministry has appointed the National Environmental Engineering Research Institute (NEERI) to compile the comments received from the public. Post which the final draft will be scrutinised by the committee headed under SR Wate, former director of NEERI who was already given the mandate to re-engineering EIA 2006 and had chaired panels such as appraisal on post-factor clearance (Jackson and Gunasekar 2020). This poses a predicament, as the appointment of the above-mentioned individual might already have a biased viewpoint over the draft.

    The global economy, particularly the developed countries are working towards building an entire ecosystem of environmental, social and governance (ESG) investing. They were developed while keeping societal impact and the conservation and preservation of nature in mind. Various civil groups and governments are becoming more and more acceptable in forfeiting their wealth which increases their domestic input costs in an order to choose merchandise producing lower greenhouse gas emissions. Many mutual funds and portfolios are available for ESG investing though there has not been a uniform standard set to determine these stocks make the cut (Borate 2020).

    The adverse effect of polluting industries can be noted from the Environment Performance Index (EPI) 2020 by researchers in Yale and Columbia University which ranked India at 168th position out of 180 countries (“India EPI – Country Scorecard.” 2020).

    EIA draft presents a contradiction on the government’s aim of emphasising ESG metric (Figure Below). We notice a diversion in the policymaking when the recent National Guidelines on Responsible Business Conduct (NGRBC) was laid down by the Ministry of Corporate Affairs (MCA) in 2019. Based on which the subsequent consultation paper of the Business Responsibility and Sustainability Report (BRSR) from the top 100 to top 1000 listed market companies were released by the Securities and Exchange Board of India (SEBI) (Consultation paper 2020).

     

    EIA based on its principle was supposed to be a tool for the protection of natural resources and marginalised community who receive negative externalities from the polluting industries. The adverse effect of which can be noted from the Environment Performance Index (EPI) 2020 by researchers in Yale and Columbia University which ranked India at 168th position out of 180 countries (“India EPI – Country Scorecard.” 2020).

    The author’s opinion over the larger framework is that environmental costs are being balanced with post-facto redressal. The emphasis put upon the private sector for green investing and other mandatory disclosures cannot be followed by diminishing the baseline surveys and the benchmark of EIA regulations. This can lead to more frequent outcomes of incidents such as Assam’s Baghjan oil spill and fire and the Vizag gas leak incident. Instead, the government should develop policies that restrain further ecological damages in the first place.

     

    References:

    Borate, Neil. “ESG Investments Are Fast Gaining Traction in India.” Mint, 11 Nov. 2020, www.livemint.com/money/personal-finance/esg-investments-are-fast-gaining-traction-in-india-11605111323843.html.

    Consultation Paper on the Format for Business Responsibility and Sustainability Reporting. SEBI, 2020, www.sebi.gov.in/reports-and-statistics/reports/aug-2020/consultation-paper-on-the-format-for-business-responsibility-and-sustainability-reporting_47345.html.

    Gupta, Debayan, et al. The Draft EIA Notification, 2020: Reduced Regulations and Increased Exemptions Part I & II, 31 July 2020, www.cprindia.org/research/reports/draft-eia-notification-2020-reduced-regulations-and-increased-exemptions-part-i-ii.

    “India EPI – Country Scorecard.” Environment Performance Index (EPI), 2020, epi.yale.edu/epi-results/2020/country/ind.

    Jackson, Jacqueline, and Karthik Gunasekar. “Decoding the Current Status of Draft EIA 2020.” The News Minute, 23 Sept. 2020, www.thenewsminute.com/article/decoding-current-status-draft-eia-2020-133728.

    Kunal, Kumar. UAPA Charge in Notice to Environmental Group Fridays for Future Due to ‘Clerical Error’: Delhi Police. India Today, 23 July 2020, www.indiatoday.in/india/story/uapa-charge-in-notice-to-environmental-group-fridays-for-future-due-to-clerical-error-delhi-police-1703716-2020-07-23.

    Vencatesan, Anjana. “[Commentary] The Two Faces of Environmental Regulation.” Mongabay, 21 Dec. 2020, india.mongabay.com/2020/12/commentary-the-two-faces-of-environmental-regulation/.