Category: Human Rights

  • Washington Accuses Russia of Committing War Crimes in Ukraine: Terrible and True, But What About US War Crimes?

    Washington Accuses Russia of Committing War Crimes in Ukraine: Terrible and True, But What About US War Crimes?

    This article is republished from Antiwar.com with permission.

    Nothing can justify this terrible toll and Moscow’s attack. However, those who judge the moral conduct of others should be measured by the same standard. Which raises the question of war crimes committed by the US in its many conflicts.

    Washington appears intent on making Russia’s war on Ukraine into a moral crusade. Pentagon spokesman John Kirby last week declared that “we’re certainly seeing clear evidence that the Russian military is conducting war crimes.”

    Any large-scale conflict is going to kill civilians, some directly in combat, others from the impact of war’s destructive impact on a modern society. Thus, Russian attacks on Ukrainian cities such as Mariupol cannot help but kill civilians. Last week the UN Office of the High Commissioner for Human Rights estimated 953 dead and 1557 injured Ukrainian civilians. But that is merely the number of victims whose death can be confirmed.

    OHCHR reported that it “believes that the actual figures are considerably higher, especially in Government-controlled territory and especially in recent days, as the receipt of information from some locations where intense hostilities have been going on has been delayed and many reports are still pending corroboration. This concerns, for example, Mariupol and Volnovakha (Donetsk region), Izium (Kharkiv region), Sievierodonetsk and Rubizhne (Luhansk region), and Trostianets (Sumy region), where there are allegations of numerous civilian casualties. These figures are being further corroborated and are not included in the above statistics.”

    And if war criminals were routinely prosecuted, Americans would be in the dock as well as Russians.

    Nothing can justify this terrible toll and Moscow’s attack. However, those who judge the moral conduct of others should be measured by the same standard. Which raises the question of war crimes committed by the US in its many conflicts. American forces may attempt to fight “cleaner” wars than does Russia, but even so no one should have any illusion about the high civilian cost of Washington’s interventions. Innocent people die, some directly, many indirectly. And if war criminals were routinely prosecuted, Americans would be in the dock as well as Russians.

    Consider Washington’s widespread drone war. One terrible strike made last August when Americans were withdrawing from Afghanistan wiped out a family, including seven kids. It was a terrible mistake, but the US was culpable. Reported the New York Times: “Military officials said they did not know the identity of the car’s driver when the drone fired, but deemed him suspicious because of how they interpreted his activities that day, saying that he possibly visited an ISIS safe house and, at one point, loaded what they thought could be explosives into the car.” [Italics added] Upon this litany of unproved suppositions, which turned out to be wild speculation, Washington acted like a terrorist and wiped him out along with all those around him.

    Such mistakes are common because America relies on such “signature” strikes, based on interpretating the actions of people typically hundreds or thousands of miles away. Noted the New York Times: “Every independent investigation of the strikes has found far more civilian casualties than administration officials admit. Gradually, it has become clear that when operators in Nevada fire missiles into remote tribal territories on the other side of the world, they often do not know who they are killing, but are making an imperfect best guess.”

    Afghanistan has been a major focus of America’s drone war. A detailed investigation in 2015 by two media organizations and a foundation concluded that drone strikes had killed 3852 people, 476 of whom were civilians. That’s a civilian kill rate of 12.4 percent, better than untargeted air or artillery strikes, but still much higher than claimed by Washington.

    According to journalist Emran Feroz: “Afghanistan is the most drone-bombed country in the world. The United States dropped more bombs on Afghanistan in 2019 than in any other years since the Defense Department began keeping track in 2006. According to new figures released by the U.S. military, at least 7,423 bombs and other munitions were dropped on the country in 2019, a nearly eight-fold increase from 2015 and an average of 20 bombs a day.”

    He described another drone attack that apparently went awry: “Ordinary Afghans say it has happened to them many times and never – not once – has it made news anywhere outside Afghanistan. Last November, an American Reaper drone targeted a group of villagers in the mountainous area of Afghanistan’s southeastern province of Paktia and killed seven of them. Paktia has long been home to Taliban militants, but local residents say all the victims were civilians, including three women and one child. They had gone to the remote area to graze their cattle and collect wood. Suddenly, they were dead.”

    Another cost of the drone war: creating new terrorists who target Americans. Waging war on Muslims around the world makes a lot of enemies, some of whom strike back.

    For instance, Pakistani-American Faisal Shahzad attempted to set off a bomb in Times Square in response to Washington’s drone campaign. He explainedto the court in 2010: “I want to plead guilty 100 times because unless the United States pulls out of Afghanistan and Iraq, until they stop drone strikes in Somalia, Pakistan and Yemen and stop attacking Muslim lands, we will attack the United States and be out to get them.” The judge asked him why he was willing to kill kids. He explained: “When the drones hit, they don’t see children.” Hence, Shahzad concluded that “I am part of the answer to the US killing the Muslim people.”

    America’s anti-ISIS bombing campaign also killed civilians in prodigious numbers. NPR reported on the work of New York Times correspondent David Philipps, who said “the United States’ air war against ISIS seems to have been particularly brutal on innocent civilians in Syria. In recent stories, Philipps reports that a top-secret unit of the US military was allowed to pick targets for drone attacks and bombing runs with little oversight, and that as the conflict wore on, it increasingly sidestepped rules to protect noncombatants, ordering airstrikes that killed farmers in their fields, children in the street and families fleeing combat.”

    According to Philipps, the military counted 1400 dead civilians “during the four years of the war. And they were very confident that those numbers were real and that outside organizations like Human Rights Watch that were reporting numbers that were many times higher were being unreasonable. But once we looked under the hood at how it worked, we found that, you know, time and time again, their accounts were just seriously flawed.”

    The Times explained that it “worked with journalist Azmat Khan, who went to dozens and dozens of these sites on the ground and talked to people who were there and compared what they said to what the military’s own records said and found repeatedly that there was a gulf between them.” For instance, Human Rights Watch estimated some 7000 dead civilians. A toll that dwarfs the number of civilian dead in Ukraine, where the US is blaming Russia for committing war crimes.

    The US also has armed Saudi Arabia and United Arab Emirates, helping them wreak death and destruction against Yemen, the poorest nation in the Mideast. No participant in this civil war, which was internationalized by the Saudis and Emiratis, looks good. However, most casualties and damage are a result of the royal regimes’ air attacks and effective blockade, which has resulted in mass malnutrition, immiseration, and disease.

    President Joe Biden once criticized the Kingdom of Saudi Arabia and its pernicious role in the Yemen war. Like so many of his predecessors, however, he has since effectively turned US policy over to Riyadh and Abu Dhabi, continuing to sell them weapons and deploying US forces to help protect them from retaliation for their continuing attacks on Yemeni civilians. A year after the president took office the war is heating back up in Yemen.

    Reported the Yemen Data Project: “January 2022 was the most violent month in the Saudi-led air war in Yemen in more than five years. Yemen Data Project recorded 139 civilian deaths and 287 civilians injured in Saudi coalition airstrikes in January, taking the casualty toll to over 19,000 civilians killed and injured since Saudi Arabia launched its bombing campaign in Yemen in March 2015. Not since October 2016 have more civilian casualties been recorded in a single month in the air war. Saudi-led coalition airstrikes caused more civilian harm in the first month of 2022 than in the two previous years combined.”

    The UN Group of Eminent International and Regional Experts on Yemenrevealed that civilians were routinely targeted by the Saudi and Emirati royals. Victims included “civilians shopping at markets, receiving care in hospitals, or attending weddings and funerals; children on buses; fishers in boats; migrants seeking a better life; individuals strolling through their neighborhoods; and people who were at home.”

    Widespread air attacks also wrecked basic infrastructure, with catastrophic consequences for health, nutrition, commerce, and safety. The United Nations Development Program reported:

    “By comparing the current reality in Yemen to a scenario where no conflict ever occurred, we can provide an estimate of the total death count – the number of deaths caused both directly and indirectly from the conflict. By doing so, we found that by the end of 2021, Yemen’s conflict will lead to 377,000 deaths – nearly 60 per cent of which are indirect and caused by issues associated with conflict like lack of access to food, water, and healthcare. These deaths are overwhelmingly made up of young children who are especially vulnerable to under and malnutrition. In 2021, a Yemeni child under the age of five dies every nine minutes because of the conflict. This is a significant increase since our 2019 report, Assessing the Impact of War on Development in Yemen, that – through the same assessment – found this to be approximately every 12 minutes.”

    In 2021, a Yemeni child under the age of five dies every nine minutes because of the conflict.

    The experts’ group also found devastating impact: “Protracted conflict, disease outbreaks, the COVID-19 pandemic, flooding, import restrictions, an economic and fuel crisis, and limited humanitarian aid have made everyday life in Yemen unbearable for many. According to the Office for the Coordination of Humanitarian Affairs, around 20.7 million people in Yemen currently require some form of humanitarian and protection assistance. More than 16.2 million of them will face significant food insecurity this year. Additionally, international funding has fallen far short of the required levels to address the humanitarian crisis.”

    Harm from this kind of warfare goes even further. Last fall the experts’ group observed that “Living in a country subjected to an average of 10 airstrikes per day has left millions feeling far from safe. Although the frequency and intensity of airstrikes have fluctuated over the last four years, the Group of Eminent Experts has continued to observe their devastating impact on civilians.”

    “The civilian death toll from Saudi Arabia’s disastrous air war over Yemen was steadily rising in 2016 when the State Department’s legal office in the Obama administration reached a startling conclusion: Top American officials could be charged with war crimes for approving bomb sales to the Saudis and their partners. Four years later, more than a dozen current and former US officials say the legal risks have only grown as President Trump has made selling weapons to Saudi Arabia, the United Arab Emirates and other Middle East nations a cornerstone of his foreign policy.”

    Assessing Washington’s moral blame in aiding the royal aggressors is easy. The legal case is more difficult, but the State Department already made the connection. It warned previous administrations that US officials were committing war crimes. The New York Times reported: “The civilian death toll from Saudi Arabia’s disastrous air war over Yemen was steadily rising in 2016 when the State Department’s legal office in the Obama administration reached a startling conclusion: Top American officials could be charged with war crimes for approving bomb sales to the Saudis and their partners. Four years later, more than a dozen current and former US officials say the legal risks have only grown as President Trump has made selling weapons to Saudi Arabia, the United Arab Emirates and other Middle East nations a cornerstone of his foreign policy.”

    Washington intervened in Libya’s civil war more than a decade ago to promote regime change under cover of helping to protect civilians from the Khadafy government. The country that was the most developed and wealthiest in Africa was bombed to stone age by the US and NATO.

    There is much more to criticize in US policy. Rural Afghanistan suffered desperately for years as a battleground between the US and Taliban, causing many residents to turn toward the insurgents. Washington intervened in Libya’s civil war more than a decade ago to promote regime change under cover of helping to protect civilians from the Khadafy government. Hopes for a better future remained unfulfilled as contending factions subsequently fought for control and now squabble over plans to hold elections.

    Russia deserves to be criticized and held accountable for its increasingly brutal military campaign in Ukraine. However, Washington would have more credibility to judge if its message wasn’t do as I say, not as a I do. US officials should come clean internationally and admit when they have failed in their obligation to protect human rights, including in wartime. Next time they shouldn’t just promise to do better. They should do so.

     

  • Distress Migration: A case study of KBK districts in Odisha

    Distress Migration: A case study of KBK districts in Odisha

    The former districts of Koraput, Balangir and Kalahandi, also known as KBK districts, were reorganised into 8 districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi and Nuapada in 1992. These districts form the South-West part of Odisha comprising the great Deccan Plateau and the Eastern Ghats. These highland districts highly rich in mineral resources, flora and fauna remain as one of the most backward regions in Odisha

    Among the different forms of migration, distressed migrants remain the most impoverished and unrecognised. These migrants form the lowest strata of the society; disadvantaged by caste, poverty and structural inequalities. In Odisha, the underdeveloped region of KBK is one among the main sources of distressed migrants. They move to cities in search of employment and better wages, while in cities they are even more disadvantaged due to social, economic and linguistic barriers. Administrative and political apathy over their issues has only enhanced their distress.

    This paper attempts to address three questions:

    1. What are the characteristics of distressed migrants in KBK district, Odisha?
    2. What are the existing policies of the state to curb this form of migration?
    3. What form of government intervention is required to address this distress?

    The analysis is carried out through a review of published articles, government reports, e-books and newspaper reports.

    Defining distress migration

    Migration is a multifaceted concept driven by diverse factors. Migration can be internal or international, voluntary or involuntary, temporary or permanent. Depending on the pattern and choice of migration, each migratory trend could be characterised into different forms. Distress migration is one such form of migration.

    Involuntary migration is often associated with displacement out of conflict, environmental distress, climatic change etc. That is any sudden threat or event forces people to migrate. However, involuntary migration may also arise out of socio-economic factors such as poverty, food insecurity, lack of employment opportunities, unequal distribution of resources etc. This component of involuntary migration is addressed by the concept of distress migration (Avis, 2017).

    To understand distressed rural-urban migration in India, the broad definition used by Mander and Sahgal (2010) in their analysis of rural-urban migration in Delhi can be employed. They have discussed distress migration as:

    “Such movement from one’s usual place of residence which is undertaken in conditions where the individual and/or the family perceive that there are no options open to them to survive with dignity, except to migrate. Such distress is usually associated with extreme paucity of alternate economic options, and natural calamities such as floods and drought. But there may also be acute forms of social distress which also spur migration, such as fear of violence and discrimination which is embedded in patriarchy, caste discrimination, and ethnic and religious communal violence” ( Mander and Sahgal, 2010)

    In brief, the definition states that distress migration is caused by an array of issues. Environmental disasters, economic deprivation, gender or social oppression, lack of alternate employment opportunities and inability to survive with dignity are mentioned as the main drivers of distress migration (Avis, 2017).

    Thus, distress migration is a form of temporary migration driven by environmental and socio-economic factors and not based on an informed or voluntary choice.

    Profile of KBK districts

    The former districts of Koraput, Balangir and Kalahandi, also known as the KBK districts, were reorganised into 8 districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi and Nuapada in 1992. These districts form the South-West part of Odisha comprising the great Deccan Plateau and the Eastern Ghats. These highland districts highly rich in mineral resources, flora and fauna remain as one of the most backward regions in Odisha. The region is termed backward on account of rural backwardness, high poverty rates, low literacy rates, underdeveloped agriculture and poor development of infrastructure and transportation (Directorate of Economics and Statistics, 2021).

    The districts are home to primitive tribal communities such as Gonds, Koyas, Kotias etc. dependent on forest produce and subsistence agriculture for a living. KBK region registered a workforce participation rate of 48.06 % in the 2011 census. There was a significant occupation change noticed from the 2011 census.  The region witnessed a fall in cultivators from 33% in 2001 to 26.7% in 2011. However, the fall in cultivators was compensated with an increase in agricultural labourers from 44.24 % in 2001 to 48.87% in 2011. Employment in household industries also witnessed a downfall between the period of 2001 to 2011 (Sethy, 2020).

    The rise in agricultural labourers has a negative impact on the communities. As agriculture is underdeveloped owing to the arid nature of the region, crop failure, extreme calamities, low net irrigated area and falling government expenditure, these workers are pushed into abject poverty. In search of alternate employment options, these workers migrate to other areas of employment in rural or urban pockets. Such a form of seasonal migration during the lean period in agriculture is a predominant phenomenon in these districts. Their dependence on non-timber forest produce is hindered by the rapid deterioration and deforestation of forests for development projects and mining.

    Characteristics of distressed migrants in KBK region

    1. Who Are These Distressed Migrants?

    In the KBK region, distress migration has been a popular coping strategy during lean periods of agriculture. And this strategy is majorly adapted by disadvantaged and marginalised sections of the region. They are disadvantaged by caste, chronic poverty, landlessness, low levels of literacy and skills, increased dependence on forest and agriculture and debt-ridden (Meher, 2017; Mishra D.K., 2011; Tripathy, 2015, 2021).

    1. Why Do They Migrate

    Distressed migration in the region is induced by many interlinked factors. One such factor is that the region is highly under-developed in terms of social and economic infrastructure. Such under-development puts the communities at a disadvantage with low levels of literacy and skills. Their dependence on agriculture and forest produce for livelihood rises. However, agriculture is under-developed and forests are subjected to high levels of deforestation. With low levels of income, crop failure and non-availability of alternate employment opportunities, the communities are subjected to absolute levels of poverty, food and employment insecurities (Kujur, 2019).

    Landlessness is also identified as one significant push factor. As the region is highly dominated by tribal communities, they are more attached to and dependent on the forest cover. Globalisation and industrialisation resulted in deforestation and encroachment of farmlands for industrial and mining purposes. Eventually, a major proportion of land remains with a smaller group of wealthy people (Mishra D.K., 2011).   Relocation and involuntary displacement also result in the loss of their livelihood that is dependent on the local environment (Jaysawal & Saha, 2016).

    With falling income, people approach local moneylenders to meet their basic sustenance needs. With low incomes from agriculture and forest produce, families approach these informal creditors to meet emergency needs like marriage, birth and death rituals or medical treatment as well as to meet basic consumption needs with the expectation of cash flow from labour contractors during the lean season. Moneylenders exploit them by charging higher interest rates. Thus, the non-availability of formal credit facilities pushes them into a debt trap and further to adopt migration (KARMI, 2014; Mishra D.K., 2016).

    The region is also subject to extreme calamities and drought. Small and marginal farmers, poor in income and land, choose to migrate as they are unable to cope with the regular droughts and climate change. A study on historical analysis of the effect of climate on migration in Western Odisha mentions that the migratory trend saw a rise after the mega drought in 1965. Up until then, large-scale migration from the region was not a phenomenon (Panda, 2017).

     

    1. Channel of Migration

    Sardars provide an advance amount and in exchange, the debtor or any family member agrees to work for them for a stipulated period, usually six months. Hence, there exists a form of debt bondage. Large-scale family migration through this system is seen in the KBK region. The major stream of such bonded labour migration is witnessed towards brick kilns in Andhra Pradesh

    In the region, seasonal migration occurs through the channels of agents, locally known as Sardars, on a contractual basis. This form of migration is known as Dadan labour migration. The poor migrant labourers are known as Dadan and they are recruited by Sardars, who are usually local people who are familiar with residents in the region (KARMI, 2014). During the period of Nukhai, they go around the villages and contact prospective labourers. These Sardars are the intermediary between the employer and the migrant labourer. Sardars provide an advance amount and in exchange, the debtor or any family member agrees to work for them for a stipulated period, usually six months. Hence, there exists a form of debt bondage. Large-scale family migration through this system is seen in the KBK region. The major stream of such bonded labour migration is witnessed towards brick kilns in Andhra Pradesh. They are also a major source of labour in the areas of construction, handlooms and other forms of informal sector work across South India (Daniels, 2014). The problems they face in the destination are manifold. They are subjected to poor working conditions, poor housing and sanitation facilities and limited access to education and health facilities. They are recognised as cheap labour with limited bargaining power owing to their social, cultural and linguistic exclusion in the destination state. Upon entering the contract their freedom to move and freedom to express is denied (Acharya, 2020).

    1. Pull Factors to Migrate

    The hope of availability of better job opportunities and wages is the main pull factor. However, upon the analysis of the nature of migration, push factors have a higher weightage in inducing such distress migration. Migration to brick kilns and other informal sectors from the KBK region can be termed as distress migration as in this case, distress is caused mainly by socioeconomic factors. It is not an informed or voluntary choice. Debt migration remains the only coping strategy that they could adopt.

    Government intervention to curb such distress

    1. Policies Addressing Debt-Bondage Migration:

    The first attempt of the state government to address Dadan migration or debt migration is the enactment of the Dadan Labour (Control and Regulation) Act (ORLA) in 1975. The act had provisions for the registration of labourers and agents, ensuring compliance of minimum wages and favourable working conditions and appointing inspection officers and dispute redressal committees (Daniels, 2014).  However, the act remained on paper and no evidence of enactment was published until it was repealed in 1979 upon the enactment of the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Nanda, 2017).

    The ISMW act has been criticised to be inadequate and failing to regulate and facilitate safe migration. According to the act, only those interstate migrant workmen who are recruited by licensed agents come under the ambit of the act. However, most agents involved in Dadan migration are not licensed and hence, these workers cannot avail of any of the provisions of the act (Singh, 2020). Though registration of labour contractors is mandatory in the origin state, there is no information about the names of these contractors and hence, further monitoring of the migration process is avoided (NCABL, 2016). Lack of adequate enforcement, under-staffing and poor infrastructure are identified as the reasons for poor implementation of the act in the state (Daniels, 2014).

    A positive attempt against distress migration was the Memorandum of Undertaking (MoU) initiated between the labour department of Odisha and Andhra Pradesh to ensure labour welfare measures of migrant workers in Brick Kilns. After the MoU, the state of undivided Andhra Pradesh took up various progressive measures in education, health, housing and PDS for migrant workers in Brick Kilns. ILO necessitated the need for states to enter into inter-state MoUs to effectively address the bonded labour migration. However, no further MoU was signed with other states like Tamil Nadu, Chhattisgarh etc. which are also among the major host states for migrants from the region (NCABL, 2016).

    The Bonded Labour System (Abolition) Act enacted in 1976 governs the provisions for identification, rescue and rehabilitation of bonded labourers across the country. The act has its loopholes in implementation. There is no information on whether vigilance committees have been set up in every district or whether the surveys have been periodically conducted or to what extent the act has been functioning in the state (Post News Network, 2019). The centrally sponsored scheme for Rehabilitation of Bonded Labour also has its setbacks. There have been reported cases of delay and denial of financial aid by district officials ( Mishra .S., 2016). In 2016, with restructuring and revamping of the Rehabilitation scheme, rescued workers could only avail the full amount of financial aid with the prosecution of the accused employers. With no database on the employer, the rates of prosecution have been low and the rescued bonded labour do not receive their funds (NACBL, 2016)

    1.  Ensuring Accessibility of Health Facilities in Destination

    The Rashtriya Swasthya Bima Yojana or RSBY launched by the central government in 2008 provides health insurance to BPL families. The scheme incorporates provisions to split smart cards so those migrant workers could avail health insurance in destination states. After signing of the MoU between Andhra Pradesh and Odisha, the two states took steps to spreading awareness among the migrant workers about how to use the smart cards (Inter-State Migrant Workman Act (ISMW), Labour Directorate, n.d.)

    1. Ensuring Education of Migrant Workers Children

    The state of Odisha has established seasonal hostels to ensure the education of children of migrant workers.  The children are enrolled in seasonal hostels during October-June, that is until their parents return home (Odisha Primary Education Programme Authority, n.d.).  The state has ensured the education of migrant children at their destination state by sending Odiya textbooks and Odiya teachers to residential schools in Andhra Pradesh (Inter-State Migrant Workman Act (ISMW), Labour Directorate, n.d.).

    1. Alternate Employment Opportunities: MGNREGA

    Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was introduced in 2006 to provide guaranteed employment to rural poor with the objective of uplifting them from poverty and restricting distress migration.  A study analysing the performance of MGNREGA through secondary sources of data suggests that based on physical criteria of 100 Days of Wage Employment, Person-days generated, ST and Women person-days and financial performance in terms of total expenditure, total wages, average cost and average wage rate per day person, the performance of MGNREGA in KBK districts is better compared to Non- KBK districts.  But the region is lagging in rural employability criteria based on average days of employment provided per household and job cards issued (Sahoo et al., 2018).  Labour in the region is not interested to work under MGNREGA due to its dismal implementation in the state. Workers complain about the delay in receiving payments and instances of the creation of non-existent workers’ names among MGNREGA’s beneficiaries (KARMI, 2014).  Uncertain and low wages make these labourers favour migration to Brick Kilns in hope of better wages (Deep, 2018).

    1. Development Policies in KBK Region

    The KBK region has a high incidence of poverty owing to regional disparities in development and social exclusion based on caste. The main initiatives implemented by the state government for the upliftment of the KBK region are the Special Area Development Programme, Revised Long Term Action Plan (RLTAP), Biju KBK Plan, Backward Regions Grants Fund, Gopabandhu Gramin Yojana (GGY), Special Central Assistance (SCA) for tribal sub-plan (TSP) areas, Western Odisha Development Council (WODC) and Grants under Article 275(1) of the Constitution. Development projects to reduce poverty and regional disparities are obstructed by economic, social and institutional factors (Mishra, 2020).

     

    The state of Odisha has done positive interventions in the education of migrant children and health facilities of the migrant population. However, the distress migration is still prevalent owing to the social and economic exclusion and debt bondage situations in the region. Land grabbing in the name of development left the tribal communities poor and in distress. Structural inequalities induced by caste discrimination are enhanced with such landlessness.

     

     

     

    Policy Recommendations

    The state of Odisha has done positive interventions in the education of migrant children and health facilities of the migrant population. However, the distress migration is still prevalent owing to the social and economic exclusion and debt bondage situations in the region. Several initiatives and schemes have been enacted to address distress migration; however, their failure in reducing distress can be linked to dismal governance, poor implementation and misappropriation of schemes.

    The state must ensure migration to be safe and a viable coping strategy. From this study it is suggested the state of Odisha follow a multipronged approach to address the distress.

    Origin state (Odisha) interventions

    •         Short Term Interventions:
    1. The system of debt bondage should be completely abolished by the proper implementation of legislation. Different loopholes in implementation such as the delay in the release of funds, prosecution of accused and identification and registration of middlemen should be addressed. Apart from the financial aid, the state should intervene in providing a comprehensive livelihood plan for the rescued labourers. Abolishing the bonded labour system is essential to reduce distress and make migration safe.
    2. Informal sources of credit should be eliminated and formal credit and microfinance facilities should be made available. Such facilities would reduce the exploitation and prevent the creation of absurd debt. Formal credit provides opportunities for small and marginal farmers to indulge in productive investments. This enables them to cope with extreme climatic changes.
    3. Land grabbing in the name of development left the tribal communities poor and in distress. Structural inequalities induced by caste discrimination are enhanced with such landlessness. The provision of land ownership enables the communities to enjoy land-based benefits which further supports them to sustain their livelihood. Ownership of land also provides the indigenous community with a sense of social and economic significance.
    •         Long term interventions
    1. The state should engage in enhancing the skills of the people in the region. Vocational skill training and development schemes can be introduced. This could expand the opportunities available for employment and distribute labour across all the economic sectors.
    2. Rural development should be given higher priority. The state of Odisha has already initiated many schemes for the development of the KBK region. However, the state should study the economic and social factors that stagnate the process of development in the region. Chronic poverty, poor infrastructural and rural connectivity and dismal education and health facilities are some of the important areas that require attention.

    Host state intervention

    1.   The host state needs to create a database of migrants entering their state. A statistically significant database on migrants solves a huge array of issues faced by the migrant in the destination state. A comprehensive database helps in identifying and recognising migrants. It also allows for understanding the different characteristics of migrants and the sectors in which they are employed. This would be beneficial for monitoring and ensuring safe and favourable working conditions. A database also helps in ensuring the availability and accessibility of social security and entitlements in host states.

     

    1.   Migrant labour is as important to the destination state as it is to the origin state. Both origin and host state should cooperate towards making migration a viable livelihood strategy.

    Another important area where both the origin and host state should intervene together is creating awareness among workers about the existing provisions and rights available to them. Access to the same should be made easy.

    Conclusion

    The highly backward districts of the KBK region remain a major source of distressed migrants. Years of state initiative in reducing distress have had negligible impact. The area remains underdeveloped and migration is the only viable choice of employment. Migration can only be a viable coping strategy for seasonal migrants when the channel of migration is made legal and safe. The major drawback in any initiative attempted to resolve distress is the poor implementation. Administrative apathy, corruption and misappropriation of schemes have stagnated the progress of every initiative.

     

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    11. KARMI. (2014). Migration Study Report of Golamunda Block of Kalahandi District of Odisha. Pp.13. Kalahandi Organisation of AgKriculture and Rural Marketing Initiative (KARMI), Kalahandi Odisha.
    12. Kujur, R. (2019). Underdevelopment and patterns of labour migration: a reflection from Bolangir district, Odisha. research journal of social sciences10(1).
    13. Mahapatra, S. K., & Patra, C. (2020). Effect of migration on agricultural growth & development of KBK District of Odisha: A statistical assessment. Journal of Pharmacognosy and Phytochemistry, Sp9(2), 162-167.
    14. Mander, H., & Sahgal, G. (2010). Internal migration in India: distress and opportunities, a study of internal migrants to vulnerable occupations in Delhi.
    15. Meher, S. K. (2017). Distress seasonal migration in rural Odisha A case study of Nuapada District.
    16. Mishra, D. K. (2011, April). Behind dispossession: State, land grabbing and agrarian change in rural Odisha. In International conference on global land grabbing(Vol. 6, No. 8).
    17. Mishra, D. K. (2016). Seasonal migration from Odisha: a view from the field. Internal migration in contemporary India, 263-290.
    18. Mishra, S. (2016, January 13). Rescued migrant workers get raw deal from Govt. The Pioneer. https://www.dailypioneer.com/2016/state-editions/rescued-migrant-workers-get-raw-deal-from-govt.html
    19. Mishra, S. (2020). Regional Disparities in Odisha–A Study of the Undivided “Kbk” Districts. Research Journal of Humanities and Social Sciences11(4), 261-266.
    20. Nanda, S. K. (2017). Labour scenario in Odisha. Odisha Review73(10), 20-25.
    21. 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.
    22. Panda, A. (2017). Climate change, drought and vulnerability: A historical narrative approach to migration from Western Odisha, India. In Climate Change, Vulnerability and Migration(pp. 193-211). Routledge India.
    23. Post News Network. (2019, April 30). Elimination of bonded labour calls for cohesive action plan. Odisha News, Odisha Latest News, Odisha Daily – OdishaPOST. https://www.Odishapost.com/elimination-of-bonded-labour-calls-for-cohesive-action-plan/
    24. Sahoo, M., Pradhan, L., & Mishra, S. (2018). MGNREGA and Labour Employability-A Comparative Analysis of KBK and Non-KBK Regions of Odisha, India. Indian Journal of Economics and Development6(9), 1-8.
    25. Sethy, P. (2020). Changing Occupational Structure of Workers in KBK Districts of Odisha. Center for Development Economic6(06), 17-28.
    26. Singh, V. K. (2020, April 22). Opinion | The ‘nowhere people’ of COVID-19 need better legal safeguards. The Hindu. https://www.thehindu.com/news/national/other-states/the-nowhere-people-of-covid-19-need-better-legal-safeguards/article31400344.ece
    27. Tripathy, S. N. (2015). Evaluating the role of micro-finance in mitigating the problems of distress out-migrants: A study in KBK districts of Odisha. The Micro Finance Review, Journal of the Centre for Micro Finance Research.
    28. Tripathy, S. N. (2021). Distress Migration Among Ultra-poor Households in Western Odisha. Journal of Land and Rural Studies, 23210249211001975.

     

    Feature Image: Tata Trusts

  • Urdu, Hindu Attire, Abrahamisation | It’s much ado about nothing

    Urdu, Hindu Attire, Abrahamisation | It’s much ado about nothing

    Urdu in India seems to have suffered because of a mistaken identity, and has had a decline from the time Pakistan declared Urdu as her national language

    Reacting to the Fabindia’s ‘Jashn-e-Riwaaz’ advertisement, on October 18 Bharatiya Janata Party (BJP) leader Tejasvi Surya, who is also president of the Bharatiya Janata Yuva Morcha, and a member of the Lok Sabha from Bengaluru, called it a ‘deliberate attempt of abrahamisation of Hindu festivals, depicting models without traditional Hindu attires….’. For those who are unfamiliar with the term ‘Abrahamisation’, a simple explanation, as conceived by some in the Right wing, is: ‘the process by which tenets of Hinduism are modified to have features of monotheistic religions (Judaism, Christianity and Islam)’.

    In what way does the advertisement amount to abrahamisation? Surya says the models are without traditional ‘Hindu attires’. This is not true by any stretch of imagination, as none — none — can have or provide a single monolithic picture of what constitutes ‘Hindu attire’. This argument in itself is both ambivalent, and supercilious. We shall get back to the attire squabble in a bit.

    What to Surya’s mind is more abhorrent, and prompts him to utilise the moniker ‘abrahamisation’ could be the phrase ‘Jashn-e-Riwaaz’, which undoubtedly is a Urdu phrase. Unfortunately, anything that is even remotely connected with Urdu raises the hackles of the Right wing in India. The entire rub as regards the advertisement has to do with this Urdu phrase, as by extension, anything that relates to Urdu gets identified with Muslims.

    It is that what appears to prompt Surya to mark out the advertisement as an attempt at ‘abrahamisation’. If this is the case, the attire has been used as a camouflage to attack the Urdu rendering in the advertisement. Let us dwell deeper on this association of Urdu with Muslims, and analyse to what extent, if any, is such an association (or nexus, depending on how one sees it) valid?

    Urdu Speakers

    The Muslim population of India is about 14 percent, and the proportion of those who speak Urdu as their mother tongue/first language is just about 4 percent. Interestingly, all of these 4 percent Urdu speakers are not necessarily Muslims. So, an overwhelmingly large proportion of Muslims do not have Urdu as their mother tongue/first language.

    Muslims are found all over India, from Kashmir to Kanyakumari and from Arunachal Pradesh in the extreme east to Gujarat in the west. Invariably, all of them speak the local/state languages. So where do Muslims speak Urdu? In a relatively small zone in the central-north areas. Also, small numbers of ‘migrants’ in other states, including the Deccani version, in some pockets in Andhra Pradesh, Karnataka and Telangana.

    Urdu Literature And Journalism

    The very first Urdu newspaper, Jam-i-Jahan-Numa, was published in Calcutta by Harihar Dutta as early as 1822. The weekly Kohinoor was started by Munshi Harsukh Rai in 1850. In 1858, Manbir Kabiruddin started the Urdu Guide. Munshi Nawal Kishore started the first Urdu newspaper, Oudh Akhbar, from Lucknow, also in 1858.

    In 1913 Ganesh Shankar founded Pratap, a famous revolutionary weekly in Kanpur which became a daily in 1920. Now it is published from Delhi. In 1923 Lala Kushal Chand, an Arya Samaji, started the Milap, an Urdu daily, from Lahore. After Independence it was shifted to Delhi, and is still in circulation as the largest Urdu newspaper in India.

    Urdu literature has been overwhelmingly patronised by non-Muslim writers and poets. Some of them are: Krishan Chander, Munshi Premchand, Rajinder Singh Bedi, Raghupati Sahay (Firaq Gorakhpuri), Gulzar (Sampooran Singh Kalra), Khushwant Singh, and so on.

    Clearly, some of the best patrons of Urdu have been non-Muslims. Given all these, where does the Urdu-equals-Muslim equation come from?

    Urdu literature has been overwhelmingly patronised by non-Muslim writers and poets. Some of them are: Krishan Chander, Munshi Premchand, Rajinder Singh Bedi, Raghupati Sahay (Firaq Gorakhpuri), Gulzar (Sampooran Singh Kalra), Khushwant Singh, and so on.

     

    The Pakistan Angle

    That equation came into prominence in 1947. After Pakistan came into being, surprisingly Urdu became her national language, though overall an overwhelming majority spoke Bangla. In the western wing the autochthones of Pakistan, namely the five main ethnic groups — Punjabis, Pathans, Sariakis, Balochis and Sindhis — all spoke a different language, and had very little to do with Urdu.

    It was just small sections in urban areas, and those who went over as Mohajirs (migrants) from India at Partition, who had Urdu as their mother tongue. It must not be forgotten that the 1971 secession of the eastern wing of Pakistan and the genesis of Bangladesh had a lot to do with the politico-linguistic neglect of Bangla.

    Urdu in India seems to have suffered, and has had a decline from the time Pakistan declared Urdu as her national language. No need to go into the political details of that here, except to point out that Punjabi which had till then adopted the Perseo-Arabic script that Urdu uses, gradually shifted to Gurmukhi script subsequent to Partition.

    The attribution of Urdu as an Islamic/Muslim language, and the generalisation to define a homogenous ‘Hindu attire’ are both problematic, as at its core both are built on false assumptions.

    The Attire Conundrum

    Now to the ‘Hindu attire’ ingredient of Surya’s assertion. The models featured in the advertisement do not by any sort of contention wear anything that could be thought of as non-Hindu, or anything offensive, or for that matter anything to suggest that these are ‘abrahamic’. Where do we look for those traditional ‘Hindu attires’?

    We do not have any comprehensive studies as to what women wore during ancient times in different parts of India, and if there was any unanimity or monolithic depiction as regards their attire. Besides, all over the country there have always been a range of dress patterns, and these did, and still do, cut across the various ethnic, religious and caste groups. To take up just a single example, the dress worn by Kathak dancers is common not just to dancers from various religious groups but also to the different genders. Among many other factors climatic conditions and local availability of fabric — and not religion — often determines attire.

    The attribution of Urdu as an Islamic/Muslim language, and the generalisation to define a homogenous ‘Hindu attire’ are both problematic, as at its core both are built on false assumptions. On a related note, the stigmatisation of Urdu by those who are unaware of its rich past can be seen when English is categorised as a ‘foreign language’.

    This article was earlier published in –  money control

    Image Credit: The News Minute

  • Narcotic Jihad | Can science and reason defeat religious polarisation in Kerala?

    Narcotic Jihad | Can science and reason defeat religious polarisation in Kerala?

    It is surprising that in today’s Kerala the well-educated religious lot, who are expected to have had a smattering of science, and who are expected to be the ones who see reason, are the ones who are raising the bogeys of ‘love jihad’ and ‘narcotic jihad’.

    Bertrand Russell, the great mathematician-philosopher and polymath had famously held that “Religion is something left over from the infancy of our intelligence; it will fade away as we adopt reason and science as our guidelines”. When we reflect on Russell’s quotation and introspect the religious realm in India per se, not to talk about contemporary events in Kerala, it is quite disconcerting and distressing; and a few crucial issues ensue from there.

    First and foremost, either Russell was wrong in his assertion as regards the fading away of religion in the wake of the adoption of reason and science by humans, or his understanding and definition of ‘religion’, ‘intelligence’, ‘reason’, and ‘science’ were at variance with the general, and usually acceptable, notions/definitions that are prevalent in civic society at large.

    It is rather surprising that in today’s Kerala the well-educated religious lot, the clergy, who are expected to have had a smattering of science, and who are expected to be the ones who see reason, are the ones who are raising the bogeys of ‘love jihad’ and ‘narcotic jihad’, notwithstanding the fact that probes by different agencies, including the National Investigation Agency, have debunked such allegations.

    The clergy concerned, particularly the bishop of Pala and other priest(s) who have indulged in such rhetoric, may not necessarily have played on into the hands of the Sangh Parivar, but have certainly touched the hearts and endeared themselves to the latter to the extent that the latter are ecstatic. Also, they have, along with other Right-wing groups, extolled the bishop of Pala, and have extended their support to him.

    However, something that has been very heartening and positive in this dark and murky scenario has been the bold and defiant stand of a group of nuns who not only spoke out against the bishop but also walked out of the mass of the priest who preached hate by going to the extent of beseeching his flock to boycott Muslims traders as also Muslim autorickshaw drivers.

    One would not have been surprised if insinuations and allegations of ‘love jihad’ and ‘narcotic jihad’ were made by Right-wing extremist groups because it is, inevitably, their wont to do so. But coming from the clergy in a state which has historically seen relatively amicable and amiable relations between Muslims and Christians wherein they have prospered together, belies logic.

    Pre-Islamic Arab contact with Kerala and the rest of the west coast of India dates back to the ‘Before Christ’ era, which gradually transformed into the Islamic one from the seventh century AD onwards.

    The oldest mosque to be built in the Indian subcontinent was the Cheramaan Juma Mosque in Methala, Thrissur district, in 629 CE. It is significant to point out that the north-centric way of looking at and referring to Islam in India by certain historians is quite misplaced. By the time Islam made any impact in the northwest and north of India, full-fledged Islamic societies had been formed in Kerala that extended beyond and along the Coromandel Coast in Tamil Nadu and spread towards South East Asia.

    Similarly, the Christian connection and the advent of Christianity in Kerala go back to 52 CE. For centuries, these religious groups, namely, Christians and Muslims, have coexisted and inhabited common spaces all over Kerala, along with the pre-existing indigenous communities. Also, there has been a high degree of acculturation between the various religious groups in terms of language, food, clothing, and other cultural practices including in the religious realm.

    There were, no doubt, skirmishes between the Christians and Muslims with the arrival of the Portuguese during the late fifteenth and early sixteenth century, but these have to be treated more as aberrations for economic gains than something that disturbed the overall ambiance of peace and communal harmony. The erstwhile situation as regards peaceful coexistence between the different religious communities prevailed in Kerala in spite of quite a few communal riots in other parts of India, both before and after the Independence.

    It is felt in some circles in Kerala that due to the COVID-19 pandemic and the restrictions as regards congregations, the footfalls have declined to result in drastically reduced revenues in the churches, and that has made some clergy feel insecure; and one way of getting back the faithful could be to polarise the communities in the expectation that would help in consolidating their own followers.

    Of late, the anti-Muslim rant that has emanated in Kerala is not confined to the borders of the state. The overt and manifest support in social media and through videos, for Israel’s bombing of Gaza during the recent conflict vis-à-vis the Palestinians, too, is, at one level quite disturbing, and at another level, points to the mindset that such perpetrators are embedded in.

    The proclivity to reduce the Palestinian identity to just a Muslim/Islamic one is one of the most irrational ways of looking at a people and explicating their ethnicity. Christian Palestinians too are at the forefront in their resistance to Israeli imperialism, and the occupation of Palestine. The well-known academic and crusader for peace, late Professor Edward Said, was one such.

    This article was published earlier in moneycontrol.com

    Featured Image: keralakaumudi.com

  • 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 History78(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 Chronicle3, 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

  • Exploitation Across Borders Indian migrant workers fight for their right to get paid in Serbia

    Exploitation Across Borders Indian migrant workers fight for their right to get paid in Serbia

    Indian migrant workers have been targeted to work at mega construction projects in EU-candidate state Serbia. A group of workers is not willing to give up fighting for their salary, despite the legal loopholes that a company registered in America has used to contract them for work in Serbia

    When Boobalan Dhanapal, 41, arrived in Serbia in July 2019, he was eager to work and send money back home. He was joined by fellow construction workers from Chennai, a coastal city in the southern Indian state of Tamil Nadu. Boobalan, who has a degree in civil engineering, was recruited to work as a construction foreman for a monthly salary of Є 440 (approx. 38,500 Indian rupees), inclusive of food and housing. At the time, it sounded like a good deal.

    In 2019, over 150 men from various Indian states began working for GP Nikolić, a Serbian construction company, on a number of infrastructure projects across the Balkan country.


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  • 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 Law23(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 Law23(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 Weekly50(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

  • The Democratic Warrior – Countering Unrestricted Violence with Clausewitz

    The Democratic Warrior – Countering Unrestricted Violence with Clausewitz

    This research paper was originally published in the “African Journal of Terrorism and Insurgency Research (AJoTIR)”, Volume 2, Number 1, April 2021. Pp. 89-106.

     

    Abstract

    We often find the application of indistinctive, brutal and extraordinary violence by all fighters and soldiers in terrorist, insurgency, and counter-insurgency acts in Africa. This article argues that we need a code of honour for those bearing arms to limit these unrestricted acts of violence, a code of honour that combines military duties with the demands of civil society in the model democratic warrior. The changes to the global system that followed the end of the Cold War are widely regarded as requiring a different kind of soldier for democratic societies. A number of writers have proposed that the new model should be that of the “warrior,” a concept that highlights the psychological and social distinctiveness of those who bear arms. Such men and (rarely) women are often conceived as operating according to a distinctive code of honour that sets them apart from civil society, usually in a positive way. But we know that the concept of honour may also lead to a terrible escalation. So, the task is to reconnect the concepts—warrior and honour—to civil society to de-escalate the ongoing brutal violence in civil wars. There is no honour in killing innocent people. On the contrary, it is perhaps the most egregious act against one’s honour and dignity to torture, violate, or kill the innocent. The concept of the democratic warrior seeks to reinstate honour and dignity to those bearing arms.Keywords: democracy, warrior, civil society, civil war, honour, dignity, terrorism, Clausewitz, wondrous trinity, containing violence.

    Introduction

    At first glance, the concept of the democratic warrior appears contradictory. Indeed, it combines seemingly conflicting value systems in a single concept. Like a magnet or Clausewitz’s favoured model of the unity of polar opposition between attack and defence, a methodology can be formulated to explain how this type of conflicted unity is not necessarily a logical opposition and can be a dynamic interrelationship on a continuum. At one end of the continuum is democratic equality and non-violent conflict resolution, while at the other end is the threat of (and sometimes) violently enforced limitation of war and violence; at one end is a civilized society, while at the other is a subsystem of society whose identity is defined by martial honour.

    The decisive bond that can link the two poles of this dynamic relationship, without eliminating their opposition, is the classical republican virtues, which can lay claim to relative validity in both spheres. Since Plato, the classical virtues have been prudence (wisdom), justice, fortitude, and temperance. Without a specific ethos aimed at the political functioning of the polity, a state can sustain itself only under the conditions of a dictatorship. If republican virtue, which is oriented toward the polity, cannot be directly reconciled with liberal democracy and its focus on the individual, it can take on a completely new significance as a bond linking a democratic society to democratic warriors. For Machiavelli, republican virtue already guarantees both external and internal freedom. In this respect, the necessary though not yet adequate condition of the democratic warrior is to also be a republican soldier. Add to this the limitation of war and violence in a global society to make democratic societies possible. A renewal of the republican virtue is the link between a liberal-democratic society and a warrior ethos.

    The “warrior” is by definition someone who chooses to bear arms and is proficient in their use. In this sense, whatever the distinctive characteristics of the warrior ethos, its institutionalization reflects the same preferences for professionalism, expertise, and individualism that are characteristic of modern society as a whole. Contemporary conditions, it is argued, no longer call for armed masses, but for experts whose willingness to serve in uniform will allow others the freedom not to serve.

    It must be admitted, however, that the concept of the warrior does not call forth associations with modernity, but rather of the “archaic combatant” (Röhl 2005), whose ethos, skills, and experiences set him apart from normal society and in opposition to its basic values, of which the most cherished is, of course, peace. The fact the warrior freely chooses his profession may be consistent with democratic values, but the existence of a “warrior class” uniquely skilled in the use of force, whose values are not those of society as a whole, is scarcely consistent with democratic interests. It is also true that those who serve in today’s democratic armies are called upon to do a great deal more than fight. Although phrases like “armed social worker” undervalue and denigrate the martial qualities that remain foundational to military life, it is true that only a small percentage of men and women in uniform actually fight, and that their duties entail a wide range of activities in which violence plays no part. To those who wish to uphold the warrior spirit, the diverse requirements of modern military missions are liable to hold scant appeal, which may undermine the sense of purpose and identity that drew them to the profession in the first place.

    The discussion that follows seeks to build a bridge between the distinctive ethos of the warrior and the moral and political requirements of democratic societies, using the concept of the “democratic warrior.” It seeks to do justice to the self-image of those who bear arms (a morally distinctive task) while connecting it to the various goals and practices of democratic societies, and the diverse uses to which they put their armed forces. We may begin by noting that a warrior, even in the most traditional terms, is not merely a combatant—a fighter—but has always performed and embodied a range of social, military, and political roles. Our starting point for considering what those roles must be is Clausewitz’s concept of the trinity, a metaphor intended to encompass all types of war, which, by extension, can provide a lens through which the ideal range of characteristics required of the democratic warrior can be envisioned. War itself, as Clausewitz avers, is compounded of primordial passions, an irreducible element of chance, and what he called an element of “subordination” to reason, by which its instrumental character is revealed. When Clausewitz set forth his trinity, he posited that the chief concern of the warrior must be the mastery of chance through intelligence and creativity; and so it remains. Yet there is no reason to suppose that such mastery means that war’s social and political requirements should be ignored. On the contrary, unless they too are mastered, the warriors sent forth by democratic societies cannot represent the values and interests of the communities that depend on them, and of which they remain apart (Herberg-Rothe 2007).

    Soldiers and Warriors

    In both German and English, the word “soldier” (soldat) originally referred to a paid man-at-arms. The term became common in early modern Europe and distinguished those who were paid to fight— primarily in the service of the increasingly powerful territorial states that were then coming to dominate the continent—from members of militias, criminal gangs, volunteer constabulary and local self-defence forces, and other forms of vernacular military organizations. The rise of the soldier was linked to the rise of the state. This connection distinguished him from the “mercenary,” who also fought for pay, but as a private entrepreneur, what we would today call a “contractor.” Standing armies comprised of soldiers were different from and militarily superior to, the feudal hosts of the past, whose fighters served out of customary social obligation and generally possessed neither the discipline nor the martial proficiency that the soldier embodied. Clausewitz highlights these developments briefly in the last book of On War, and portrays them as an advance in political organization and military efficiency (Clausewitz 1984, 587-91).

    The absolute monarchies that made the paid soldier the standard of military excellence in early modern Europe were generally indifferent to the social and political identities of those they paid to fight, though not always. Frederick the Great, for instance, lamented his reliance on foreign troops and believed that his own subjects made better soldiers. “With such troops,” he wrote, “one might defeat the entire world, were not victories as fatal to them as to their enemies” (quoted in Moran 2003, 49). It was, however, only with the French Revolution that a firm expectation was established that a soldier bore arms not merely for pay, but out of personal loyalty to the state, an identity that was in turn supposed to improve his performance on the battlefield. This connection, needless to say, was largely mythical. Most of the men who fought in the armies of the Revolution, and all major European wars since then, are conscripts who would not have chosen to bear arms on behalf of the state if the law had not compelled them to do so. Nevertheless, submission to conscription was itself regarded as an expression of the ideal of citizenship, a concept that, like honour, depends upon the internalization and subjective acceptance by individuals of norms arising within the larger society.

    The French Republic never referred to its soldiers as conscripts, always as volunteers. The success of its armies and those of Napoleon, although transient, insured that “defence of the Fatherland [became] the foundation myth of modern armies”(Sikora 2002). The myth of voluntary sacrifice by the “citizen-soldier” to defend the community proved central to the legitimization of conscript armies, even in societies where democratic values were slow to emerge. In the middle of the nineteenth century, as Frederick Engels observed, conscription was Prussia’s only democratic institution (Frevert 1997, 21).

    It had been introduced in reaction to Prussia’s defeat by Napoleon, whose triumph was owed to the fact that the resources of the entire French nation were at his disposal. The aim of the Prussian military reforms was to accomplish a similar mobilization of social energy for war, but without inciting the revolutionary transformation of society that had made such mobilization possible in France. Prussia was no sovereign nation of citizens, and while the reform of its armed forces helped it to regain its position among the leading states of Europe, their political effect was limited.

    Many of those who promoted reform, including Clausewitz, hoped conscription would contribute to the democratization of Prussia’s armed forces, and, indirectly, of society as a whole. But the moral influence could as easily run the other way, and, as Friedrich Meinecke observed, measures designed to bind army and society together had the effect, in Prussia, of militarizing society instead. Even the Great War did not fully succeed in stripping war of its moral glamour. The supposedly heroic massacre of German troops attacking the British at Langemarck (1914), for instance, remained a staple of right-wing mythology until the end of the Third Reich, by which “our grief for the bold dead is so splendidly surpassed by the pride in how well they knew how to fight and die (Hüppauf, 1993, 56). Alongside this kind of blood-drenched nostalgia, the industrialized warfare exemplified by battles like Verdun (1916) also asserted themselves. Under these circumstances, fighting and dying well acquired some of the aspects of industrialized labour, in which a soldier’s duty expresses itself, not through the mastery of chance as Clausewitz proposed, but through submission to what Ernst Jüngercalled “the storm of steel.”

    It was only after World War II that German soldiers became authentically democratic citizens in uniform. According to Wilfried von Bredow, the creation of the Bundeswehr in 1956 was “one of the Federal Republic of Germany’s most innovative and creative political reforms, fully comparable in its significance to the conception of the social market economy” (Bredow 2000). Its evolution as an integral part of German society has embodied a calculated break with the German past, one that has become even more apparent since the demise of the Soviet Union has shifted the mission of the German army away from national defence and toward expeditionary operations calculated to help maintain regional and global order. As the conscript armies of the past have given way to the professional and volunteer armies of the present, in Germany and elsewhere, the model of the democratic “citizen in uniform” has once again been required to adapt to new conditions.

    It is perhaps slightly paradoxical that as wars have become smaller and more marginal in relation to society as a whole, the ideal of the warrior as an apolitical professional fighter has regained some of its old prominences. Such individuals are thought to embody values different than those of society as a whole, to the point where their loyalties, like their special capabilities in battle, are thought to spring solely from their organization and mutual affiliation. John Keegan, a proponent of the new warrior, explains the rejection of the values of civil society in terms of the psychological impact of violence on those who experience and employ it. War, Keegan argues, reaches into the most secret depths of the human heart, where the ego eliminates rational goals, where pride reigns, where emotions have the upper hand, and instinct rules. One of Keegan’s models of the warrior is the Roman centurion. These officers were soldiers through and through. They entertained no expectation of rising to the governing class, their ambitions were entirely limited to those of success within what could be perceived, for the first time in history, as an esteemed and self-sufficient profession. The values of the Romans professional soldier have not diminished with the passage of time: pride in a distinctly masculine way of life, the good opinion of comrades, satisfaction in the tokens of professional success, and the expectation of an honourable discharge and retirement remain the benchmarks of the warrior’s life (Keegan 1995, 389-391).

    The enthusiasm of Keegan and others for the revival of the warrior ethos is the belief that “honour” can play an important role in limiting violence, far more effective than the proliferation of legal norms that lack the binding psychological validity required to stay the hand of those who actually take life and risk their own. Warriors use force within a customary framework of mutual respect for one another. This is part of what has always been meant by “conventional warfare”, a form of fighting that necessarily includes a dissociation from combatants considered to be illegitimate. How and whether these kinds of customary restraints can be successfully reasserted under contemporary conditions is one of the central problems with which the concept of the democratic warrior must contend. In opposition to Keegan, I think, that the warriors’ code of honour must be related back to civil society, although this is a task which requires bridging a gap and remains a kind of hybrid.

    Old and New Wars

    To judge what kind of “weapon carrier” will be needed in the twenty-first century, we must begin by looking at developments since the end of the East-West conflict. It has proven, broadly speaking, to be a period of rapid social, political, and economic development whose outstanding characteristics are marked by the decline or disappearance of familiar frameworks and inherited values. Thus, one speaks of denationalization, de-politicization, de-militarization, de-civilization, de-territorialization, and delimitation.

    Unsurprisingly, these changes are also supposed to be marked by “new” wars, characterized by the decline of statehood, the rise of privatized violence, the development of civil war economies, and the reappearance of types of combatants thought to be long gone— mercenaries, child soldiers, warlords, and so on. The new types of combatants are in turn associated with rising incidences of suicide bombing, massacre, and other forms of atavistic and irrational violence(Kaldor 1999, Münkler 2004).

    Political and academic discourses have produced a range of new concepts designed to capture these conditions, including privatized war, asymmetrical warfare, small wars, wild wars, low-intensity conflict, post-national wars; wars of globalization on the one hand, and of “global fragmentation” on the other. It is apparent, however, that each of these terms describes only one segment of a complex reality. To some extent, a new type of war is being discovered with each new war. At the same time, these different terms share a common assumption that war now consists mainly of conflicts involving non-state actors on at least one side, and, by extension, that the motivation and goals of such belligerents are likely to prove unfathomable in political terms. The result for some is an approaching anarchy (Kaplan 1994), whose remedy is a revived liberal interventionism, the only principle that seems able to guarantee a modicum of global order (Münkler 2007).

    It is possible, however, that the contemporary diffusion of conflict beyond the confines of the state system is no more than a transitional phase, with particular strong links to those parts of the world—Africa and Central Asia above all—where the challenges of post-imperial social and political adaptation are still especially pronounced. Neither does the fact that the parties to war are non-state actors necessarily mean that such wars lack a political or ideological basis. Such wars may not represent a clash between order and anarchy but between competing conceptions of order (Münkler 2004). While a revived interventionism may indeed be a suitable antidote to anarchy, it is unlikely to do more than aggravate indigenous conflicts over the politics of order – and as it seems at present, it is contributing to the escalation of violence throughout the world. Now, as in the past, violence is not simply a source of disorder. It is also a means of shaping order and providing the basis for community formation.

    It is possible to wonder, in other words, how new the “new wars” actually are. Widespread atavistic and vernacular violence were already prominent features of the Chinese civil war, the Russian civil war, the Armenian genocide, and many other episodes of “old wars”. Those who favour the concept note a number of formal changes that resulted from the disappearance of Soviet-American rivalry, above all a decline in external assistance. The proxy wars of the past have become the civil wars of the present, conducted by parties that must rely on their own efforts to obtain the necessary resources, including illegal trafficking in diamonds, drugs, and women; brutal exploitation of the population; extreme violence as a way of attracting humanitarian assistance that can then be plundered; and the violent acquisition of particularly valuable resources (robber capitalism). These changes may well amplify the social consequences of violence, but do not necessarily deprive it of its instrumental and political character (Schlichte 2006).

    The point of departure for the study by Isabelle Duyvesteyn, for example, is a very broad definition of politics based on Robert Dahl: “any persistent pattern of human relationship that involves, to a significant extent, power, rule or authority” (Duyvesteyn 2005, 9). Duyvesteyn refers especially to the fact that in the fast-developing states she has studied, the differences between economics and politics are not as clear cut as Westerners expect. Struggles that seem to be about the acquisition of resources can be motivated by power politics to obtain a separate constituency. Because the position of power in these conflicts is often determined by the reputation of the leader, what may appear to be personal issues can also be incorporated into a power-political context. Her hypothesis is not that economically, religiously, ethnically, or tribally defined conflicts are masks for politics, but rather that these conflicts remain embedded in a political framework that is understandable to the participants.

    It is also apparent today’s civil wars do not always trend irrevocably toward social and political fragmentation, becoming increasingly privatized until they reach the smallest possible communities, which are held together by only violence itself. The defeat of the Soviets in Afghanistan, for instance, gave rise to a civil war between warlords and individual tribes that appeared to be tending in this direction for a time, only to acquire a new and recognizably ideological shape once the Taliban seized power. This new tendency was confirmed by the Talibans’ willingness to give shelter to al-Qaeda, a global and trans-national organization of almost unlimited ambition, whose attacks upon the United States have in turn embroiled Afghanistan in a conflict about the world order pitting the West against militant Islam. At present, we witness in “Sahelistan” a similar development, but this is not confined to a single state, but to the whole region.

    At a minimum, it seems clear that the new wars, to the extent that they are new, are not all new in the same way. In some, violence does indeed appear to gravitate downwards towards privatized war; in others, however, the movement is upwards, towards supra-state wars of world order. Although these trends are linked in practice, analytically they are distinct. States do still wage wars, but for the most part, they are now doing so not in pursuit of their own particular interests but for reasons related to world order. This is what accounts for the new interest in an American empire and hegemony (Walzer 2003). Nor is America the only state capable of seeking and exercising global influence.

    Russia, China, India and Europe (whose superficial fragmentation masks its concerted economic, regulatory and power-political influence) are all capable of challenging American influence in particular spheres of activity; and one day they may do so in all spheres (Zakaria 2009). In any event, the use of force by strong states in pursuit of world order, whether cooperatively or competitively, is likely to remain the dominant strategic reality for some time to come; a fact that should not be obscured by the simultaneous proliferation of privatized violence on the periphery of the world system.

    Clausewitz’s Trinity as a Coordinate System

    The argument about the newness of new wars is also an argument about the continuing salience of Clausewitz’s understanding of war as, in his words, a “wondrous trinity,” by which primordial violence and the exigencies of combat may finally be subjugated to reason and politics. It is apparent, however, that while the proportions of these three elements may vary, a good deal nowadays, perhaps more so than in some periods in the past, they do not escape the theoretical framework that Clausewitz established. At the same time, his trinity points us towards the essential characteristics of the “democratic warrior,” whose success requires that he masters the multiple sources of tensions that Clausewitz detected in the nature of war itself.

    Clausewitz’s trinity present war as embodying three elements in constant tension with each other: primordial violence, the fuel on which war feeds; the fight between two or more opponents, by which violence is given military effective form; and the community, whose interests, as represented by policy, give war its purpose, and whose existence provides the soldier with his essential identity: as one who fights for something larger than himself. The shifting proportions among these elements that modern war continues to display would not have surprised Clausewitz. On the contrary, he knew that all three would always be present in every war and that a “theory that ignores any one of them . . . would conflict with reality to such an extent that for this reason alone it would be totally useless” (Clausewitz, On War, 1984, 89; see Herberg-Rothe 2007). Each requires exploration if the characteristics of the democratic warrior are to be understood.

    Violence and force

    The most crucial polarity in Clausewitz’s trinity is between the instrumentality of war and the autonomy of violence. Clausewitz noted the tendency of violence to become absolute, and therefore an end in itself, a tendency that was restrained both by the instrumental rationality of policy and, less obviously perhaps, by the skill of the combatants. Clausewitz also notes the paradoxical influences that can attend the use of force at a distance. If combatants are separated from each other in space and time, it may promote relative rationality in the use of force; or it may not, since it introduces the disinhibiting influence of impersonal killing, in which the humanity of the opponent is no longer perceived. Fighting “face-to-face” demands personal aggressiveness and even hatred, which can lead to increasing ferocity in the use of force. At the same time, however, it may make it easier to perceive the opponent as human. A similarly paradoxical logic may arise from the use of expensive weapons versus simple ones. Expensive weapons systems and the highly trained combatants required to use them can lead to a certain limitation of war because these cannot be so easily risked (as was the case, he argued, in the wars of the 18th century). In contrast, wars waged by relatively unskilled combatants employing cheap and simple weapons may be more likely to escalate – as is evident from many of the civil wars in Africa, particularly with child soldiers.

    The Fight

    The most basic reason that the violence of war is prone to escalate is that combatants share a common interest in not being destroyed. In most other respects, however, their interaction is asymmetrical, most profoundly so, as Clausewitz says, in the contrasting aims and methods of attack and defence, which he avers are two very different things. The shape of combat is also influenced by whether war is directed against the opposing will (in effect, a war to change the adversary’s mind)or if it aims at his “destruction.” Clausewitz specifies that by the destruction of the opposing armed forces, he simply means reducing them to such a condition that they can no longer continue the fight. Nevertheless, Clausewitz long favoredNapoleon’s approach to warfare, which emphasized direct attack against the main forces of the enemy. Other forms of fighting are also possible, however, whose aim is to exhaust the enemy’s patience or resources indirectly, rather than confront and defeat his armed forces in the field. The real war, in Clausewitz’s days and in ours, is generally a combination of direct and indirect methods, whose proportions will vary with the interests at stake and the resources available.

    Warring Communities

    When referring to warring communities, we must first differentiate between relatively new communities and those of long-standing. This is because in newly constructed communities, recourse to fighting is liable to play a greater relative role in its relations with adversaries; whereas, in the case of long-standing communities, additional factors come into play. Clausewitz argues that the length of time a group of communities has existed significantly reduces the tendency for escalation because their long-standing interactions will include elements other than war, and each party envision the other’s continued existence once peace is made, a consideration that may moderate the use of force.

    War’s character will also vary depending on whether it aims to preserve the existence of a community or, as in revolutionary crises, to form a new one; whether war is waged in the pursuit of interests, or to maintain and spread the values, norms, and ideals of the particular community (see Herberg-Rothe 2007). Closely related to this contrast, although not exactly congruent with it, is the question of whether the purpose of war lies outside itself or, especially in warring cultures, whether the violence of the fight has independent cultural significance. The social composition of each society and the formal composition of its armed forces (regular armies, conscripts, mercenaries, militias, etc), play an important role here. Summarizing these fundamental differences yields the coordinate system of war and violence shown in the diagram.

     

    Every war is accordingly defined in terms of its three essential dimensions: violence, combat, and the affiliation of the combatants with a community on whose behalf the combatants act. Historically, these three tendencies within the “wondrous trinity” display almost infinite combinations and multiple, cross-cutting tensions since every war is waged differently. Thus, every war has symmetrical and asymmetrical tendencies, for instance, even when it may appear that only one of these tendencies comes to the fore (Herberg-Rothe 2007).

    The tension between the coordinates of Clausewitz’s trinity may also be heightened by different forms of military organization. Those that feature strict hierarchies of command are perhaps most conducive to the transmission of political guidance to operating forces; whereas what is today called network-centric warfare is characterized by loose and diffuse organizational structures, in which the community’s political will and mandate can no longer be so readily imposed on combatants directly engaged with the enemy. As in the warfare of partisans, networked military organizations place a high value on the political understanding of the individual soldier. It is because of the relative independence of soldiers in network-centric warfare that this type of warfare does not require an “archaic combatant,” but a democratic warrior who has fully internalized the norms of the community for which he fights.

    The Democratic Warrior in the Twenty-first Century

    Even in Clausewitz’s day, war was not the only instrument of policy that state’s possessed, though it was undoubtedly the most central. Today, its centrality is less obvious, even as the complexity of its connections to other forms of state power has increased (Thiele 2009). Combining the different perspectives afforded by foreign, economic, developmental, judicial, domestic, and defence policy permits a global approach to conflict resolution while making the considerations surrounding the use of force more complicated than ever. States now pursue their security through many avenues at once, and all the agencies involved must consciously coordinate, connect, and systematically integrate their goals, processes, structures, and capabilities.

    Given the continuing expansion of the concept of security in recent years, a democratic army needs a specific task and function since its essential purpose—the use of force—can not be dispensed with. There have been those who thought it might be. When the East-West conflict ended, Francis Fukuyama announced the “end of history,” meaning an end to the practice of war and violence (Fukuyama 1992). The triumphant advance of democracy and free markets seemed unstoppable, to the point where it appeared as if the twenty-first century would be an age defined by economics and thus, to a large extent, by peace. These expectations have now been decisively overturned by ongoing massacres and genocide in Africa; by the return of war in Europe (as happened in the former Yugoslavia); by the September 11, 2001 attacks on the United States and, the subsequent wars in Afghanistan and Iraq; the war between Georgia and Russia over South Ossetia in 2008, the civil war in Syria and Iraq and finally the prospect of war to suppress Iran’s nuclear program (itself a profoundly dangerous and destabilizing step, should it become reality).

    In a complete reversal of Fukuyama’s thesis, a struggle against a new brand of Islamic totalitarianism appears to have begun, in which violence has become “unbounded”—because terrorist attacks are potentially ever-present because no end to them is in sight and there is no reason to assume there is any limit to the scale of violence terrorists might employ, including the use of nuclear weapons should they come to possess them. These processes of growing disinhibition must be countered by a new containment policy that limits the expansion of war and violence in the world.

    Two basic assumptions underlie this conception. The first is that the escalation of violence in world society is so multifaceted and differentiated that a single counter-strategy will not suffice. Rather, an overarching perspective is required to decide which measures are suitable in individual cases—without being able to exclude the possibility of terrible errors and miscalculations. The second assumption is that in today’s global society—as has been the case throughout history—many contrary processes are at work. Thus, regard for only one counter-strategy can have paradoxical, unanticipated consequences.

    This can be clarified using the example of democratization. If a general effort at worldwide democratization was the only counter-strategy against the disinhibition of violence and war, the results would almost certainly be counterproductive, not least because the spreading of democracy might itself be a violent process. A one-sided demand for democratic reform without regard for local conditions might, in individual cases, contribute to the creation of anti-democratic movements. The historical experience bears this out. After the First World War, nearly all of the defeated states underwent an initial process of democratization under the tutelage and supervision of the victors. Yet, almost all ended in authoritarian or even totalitarian regimes.

    Thus, the concept of the democratic warrior is not based on imposing democracy by force, but on limiting war and violence to enable the organic development of democratic self-determination. A differentiated counter-strategy of curbing war and violence in the world, with a view to fostering good governance (as a first step toward democratic governance), is the common element shared by humanitarian intervention and the development of a culture of civil conflict management. To this must be added measures to limit the causes of war and violence, such as poverty, oppression, and ignorance. Last but not least, this new form of containment requires effective restraint not just in the proliferation of weapons of mass destruction, but also of small arms, which continue to kill far more people than any other kind of arms.

    The containment of violence does not mean there will be entirely non-violent societies, much less a non-violent world society, in the foreseeable future. All else aside, the goal of completely eliminating violent conflict would ignore the fact that historically speaking, conflicts and their resolution have often furthered human development toward free and democratic ideals—as per the American struggle for independence and the French Revolution. The primary task of politics in the twenty-first century is therefore to radically limit violence and war so that non-violent structures and the mechanisms of the “social world” can have an impact. In this context, democratic warriors have a unique role to play; not as those who impose democracy by force, but as those who make diverse forms of culturally authentic self-determination possible, by curbing and containing war and violence.

    Conclusion

    It must be repeated, the concept of the democratic warrior appears to be contradictory. Indeed, it combines contradictory value systems in a single concept. Nevertheless, to adopt the metaphor favoured by Clausewitz (Herberg-Rothe 2007), the elements of tension in the democratic warrior’s identity can be conceived as the poles of a magnet, whose mutual opposition is not an illusion but is nevertheless a means to a larger, unitary end. It is what creates the magnet: the north pole of a magnet cannot exist alone. At one end of the continuum of the democratic warrior’s identity lies the values of democratic equality and non-violent conflict resolution; at the other, the realization that force itself may sometimes be necessary to limit war. At one end, is a civilized society, and at the other a subsystem of that same society, whose identity is defined by traditional concepts of honour and martial valour.

    As observed at the beginning of this essay, the bonds that link the two poles of this relationship, without eliminating their opposition, are the classical republican virtues, which lay claim to validity in both spheres. It was Plato who defined the classical virtues as intelligence, justice, fortitude, and temperance, which is also are characteristics in the Confucian tradition (Piper 1998 concerning Plato). Without them, a state can sustain itself only under dictatorship. With them, both external and internal freedoms are possible (Llanque 2008). They are the keys to the democratic warrior’s identity, providing the crucial link between the values of liberal-democratic society and those other values—courage, loyalty, self-sacrifice—that have always set the warrior apart.

     

     

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  • Sedition Law: Sensitivity and trepidations of the State

    Sedition Law: Sensitivity and trepidations of the State

    This article was published earlier in moneycontrol.com

    A few activists and intellectuals, some of them octogenarians, are in jail for varied periods having been arrested for sedition. A question being asked since then is: can intellectuals and activists who fight for the rights of the deprived, underprivileged and downtrodden be seditious and subversive? The law of sedition is a remnant from the days of colonial rule in India.

    Should the State feel helpless and orphaned if the law of sedition is to be repealed? The fact that for seven decades and more the State has staunchly held on to this law suggests so

    The (British) colonial administration was constantly apprehensive and on tenterhooks that the ‘natives’ (the dominated subjects) would rebel against it in conduct, speech, or action. Hence, the sedition law was introduced through Clause 113 of the Draft Indian Penal Code in 1837 by Thomas Macaulay.

    The colonialists wanted to guard themselves against any kind of protest. Any activity that was unpalatable to the colonialists was conceived of as ‘treason’ and ‘subversion’. In order to maintain an untrammeled stronghold on the populace, the colonial administration thought it essential to promulgate a sedition law; an overarching law to protect what it thought was its sovereignty and suzerainty.

    Interestingly, in the 1860 Indian Penal Code (IPC) the law of sedition was not included. However, due to an ‘increase’ in ‘revolutionary’ activities and ‘unrest’ on the part of the Indian ‘rebels’, in 1870, the British inserted Section 124A and amended the IPC to include the law.

    Suppression and subjugation through draconian measures were resorted to by the foreign power for its political and economic gains and ends, in a system that was tyrannical, authoritarian, and dictatorial, and ran through its course till 1947

    Though the Constitution of India (with its oft-quoted Preamble) was to come a bit later, India did become a sovereign, socialist, democratic republic when it got rid of the colonial yoke. So, how come the Law of Sedition got carried over into a republic that became a free country and a democratic political entity?

    On the one hand, why the need for a law of sedition in a free, sovereign country. On the other hand, a look at the way sedition is being interpreted currently.

    In 1929, Mahatma Gandhi called sedition a “rape of the word law” and asked the people to go in for a countrywide agitation to demand the repeal of Section 124A. He said, “In my humble opinion, every man has a right to hold any opinion he chooses, and to give effect to it also, so long as, in doing so, he does not use physical violence against anybody.”

    Subsequently, after Independence, during the debate on the first amendment to the Indian Constitution in 1951, then Prime Minister Jawaharlal Nehru, called the law of sedition fundamentally unconstitutional and declared “now so far as I am concerned [Section 124A] is highly objectionable and obnoxious and it should have no place both for practical and historical reasons. The sooner we get rid of it the better.”

    Intriguingly, the Law of Sedition was not repealed, as it should have been, ideally, during the first Parliament session itself; and has been retained during Nehru’s government and subsequent governments too.

    Should the State feel helpless and orphaned if the law of sedition is to be repealed? The fact that for seven decades and more the State has staunchly held on to this law suggests so; more so today as during the last nearly seven years the number of times that the State has resorted to the use of this law is disturbing, to say the least. Besides, the State is arming itself with yet another draconian handle in promulgating the Unlawful Activities (Prevention) Amendment Act (UAPA).

    Was there ever such a low in independent India in terms of lack of tolerance on the part of the State? Any sort of criticism against the government seems to automatically get interpreted as anti-national. This manufactured binary — anti-government equals anti-national — has been the dominant credo ever since the Bharatiya Janata Party (BJP) came to power in 2014.

    In a recent article, Amartya Sen says, ‘The confusion between “anti-government” and “anti-national” is typical of autocratic governance’.

    Intellectuals, opposition leaders, activists in different realms, are all swept into the hold-all like sedition law. Also, international voluntary organisations, as also Indian NGOs, have been targeted and attempts are made to stifle them whenever there has been any criticism of the government, however, legitimate or valid the censure be.

    The government’s actions have prompted UN Human Rights Chief Michelle Bachelet to raise issues of a crackdown on CAA protesters, UAPA, Hathras case, and marching orders given to Amnesty International. New Delhi’s response in its lame defence to the criticism has been: ‘The framing of laws is obviously a sovereign prerogative. Violations of law, however, cannot be condoned under the pretext of human rights.’