NON-ACCEPTANCE OF THE ACCEPTABLE IS APATHY

At a time of health and economic crisis caused by the global pandemic, the interests of labourers and workers are once again is set to be compromised while the countries are planning to let go the preventive norms, largely, prescribed for COVID 19.

It would be a calculated gamble where politicians are brushing asides epidemiologists, medical professionals, social scientists, economists etc. at a huge risk of second wave. There is no empirical evidence to corroborate such rush at expense of an epidemic that is still killing hundred everyday across the globe.

The revival of economic activity after forced closure is a key objective in all’s mind. However, it is amoral and perverse on the part of some States to address this need by granting sweeping exemptions from legal provisions aimed at protecting labourers and employees in factories, industries and other establishments.

Some Indian federal states have embarked on a plan by allowing units to be operated setting aside many of the requirements of the Factories Act in violation of law and by extending working weekly duty up to 72 hours from normal 48 hours.

This exemption is possible during a ‘public emergency’, arising out of a threat to security due to war or external aggression. COVID 19 is not exactly an act of aggression emanating externally qualifying as war.

Uttar Pradesh has approved an ordinance suspending for three years all labour laws except of child labour and Bonded Labour Laws & the likes.

The most ugly aspect of our country’s, India, response to the pandemic was its inability to protect the most vulnerable sections from its impact, while the country watches with horror the continuance of the collective misery of migrant workers well into the fourth spell of the national lockdown and government and employers combined failed to reassure the migrant workers of two square meals to them and their families & a safe haven or even safe passages those who wanted to go back.

The attitude of the ruling party towards labour remains one of sheer apathy, bordering on contempt. Why else would a government relieve factory owners of even elementary duties- such as- providing drinking water, first aid boxes and protective equipment? Or suspend requirements such as cleanliness, ventilation, lighting, canteens, restrooms and crèches?

We are shamelessly brushing asides & trading human tragedy & dignity over monetary objectives and let us be sure that world would be made to pay a heavy price for it. In civilised world of social democracy in the western world, this would be out-rightly rejected when the time is to give more without measures.

The insensitivity with which political establishment and bureaucrats have handled the matter has been one of indifference; it could have been handled in a much better way.

The situation is dismal even in the organised sector. Companies are unable to pay employees' salary. What would happen to MSEs & SMEs & Micro enterprises?

Public sector employees have been nudged/ asked to contribute to the PM Cares fund. Some of the federal states had to defer employee salary for three-six months or are paid in tranches. It reflects how the federal finance system is crumbling & not working.

Government should have given fiscal stimulus to suppliers and provided income support to those on the demand side. Instead, the government kept sending advisories without any legal binding.

Taking cues from a nonchalant central government, Uttar Pradesh government reportedly told district magistrates office to not file any FIR for non-payment of wages without consulting top government officials.

Looks like some of the federal states of India is returning back to feudalism & Nawabi systems.

The Supreme Court declined to intervene in the migrant labour issue, terming the central government’s efforts sufficient. So the judicial support is also missing to the down trodden and is now works as arms of government’s administrative functions to abet government agendas.

Serious questions are being raised on the independence of judiciary and certainly, if Supreme Court fails to address pandemic crisis on the society on multiple petitions and on multiple issues, the faith of citizens would significantly wane and then we would be walking on the lines of banana republic very soon by an elected autocrat in a democracy of number where quality of voters & their conscious doesn’t matter as long as majority of voters are given some cash and alcohol.

The way we are going, it would not take us long to become Russia type “democracy”.

At the same time, the public imagination is facing a ideological crisis. People look up to states for help. In the present situation, what option they are left with when even Supreme Courts fail to even look at the ensuing crisis.

It means that employers who want to resume at any cost even if means criminalisation of businesses by support from several state governments that introduced draconian measures in complete suspension of several labour laws for the benefit of factory owners.

There is no social dialogue and Trade Unions have been in a state of coma for long. The leftist and rightist labour unions are comfortable at leadership level without being challenged and have joined the party in power. It suits the leadership as long as their nest is feathered.

India is a founder member of International Labour Organization (ILO). The first convention that ILO adopted in 1919 stipulated eight hours of work in a day and 48 hours of work in a week, which has stood the test of time.

Now, six federal state governments of India have redrafted it to make eight to twelve hours of work in a day and 48 to 72 hours a week and government at centre is watching the horror unfold and is perhaps scalping the employers with propagating enfeebled labour laws that proverbially is the last straw that is going to break the camel’s back- the workers.

We are also a signatory to the Tripartite Consultation International Labour Standards Convention, which requires ratifying governments to consult stakeholders, employer and workers' bodies before taking any policy decision related to the labour policy issues & wages. They have been thrown to the winds.

But the federal state governments did not engage at all with trade unions. There is hardly any effective social dialogue on the four codes that were introduced in parliament, and out of which wage codes were passed. India is violating the Tripartite Consultation Convention.

India ratified Labour Inspection Convention as well. The Madhya Pradesh government said there would be no routine inspection and factory owners could go with the third-party audit. It is in violation of above mention convention.

I am compelled to believe, which most would concur that administration and ministers having absolutely no background in the legal aspects of labour laws.

Or it is the cavalier outlook- what can you do, we have every institutions in the country in our pocket, including EC, SC and any other that are supposed to be “independent”? No one is saying the governments’ need to do everything pro-labour but at least should stop treating labour as a unit of disposable tissue paper. They are not and let there be no doubt about it.

Governments and employers who have failed to feel and see the undercurrents are destined to fall. The power of collectivism is far superior and powerful that any gun barrel the tyrant pulls towards the social entities. They failed to make a dent. They are the backbone and bulk of India where 800 million plus are involved as workers in agriculture, industrial and casual works. They have a right to dignity, like any of us.

We saw it in Tiananmen Square, Arab Springs, reunification of GDR & FRG and in our courtyards in 1975, 1977, 1991 and now COVID 19. Each of the movements and year had and has social significance that acted as a pivot to change the world & country- for good or for worse.

Social conflict does not automatically lead to collective action. For such action to take place, a group must have leadership and a clear ideology. Most workers may not have a clear idea of how they are exploited by low pays. The minimum wages across the countries tell us a story of emancipation of workforce & its enablers. The table below would tell us a different tale of woes for our labour. I have taken selective top and bottom eight of the hourly wages paid by leading countries identified by regional groups. You are the best judge to gauge the disparity in workers’ wages worldwide.

BOTTOM OF THE PILE			TOP OF THE PILE
Country	Rate/ Hour US $		Country	Rate/ Hour US $
Sri Lanka (SAARC)	0.26		USA	7.25
India (BRICS /SAARC)	0.29		Japan	8.38
Egypt	0.36		France	8.71
Bangladesh (SAARC)	0.46		Belgium	9.13
South Africa (BRICS)	1.28		United Kingdom	9.59
RUSSIA (BRICS)	1.57		Germany	10.29
Brazil (BRICS)	1.91		Ireland	11.11
China (BRICS)	3.60		Luxembourg	11.87

We are at the cusp of such conflicts and Government has a golden opportunity to redeem its lost ground, unless it is already ceded to election bonds & free private jets, convoys of cars and funds to mobilise “Supporters” during election rally.

If this disparity doesn’t wake one up, then we have truly become an insular society. Then, we dare not call ourselves as Vishwa Guru for solace. There should not be any shame in admitting that we have been unfair to our citizens at large with the biggest scourge being wilfully not educating the masses and not rolling out quality education. It is an extremely deep-rooted problem that is only resolvable by a strong political will to put education at top of all priorities and followed by health. Instead these two heads hardly attracts 4% of our GDP expenses, naturally it has stayed out of focus for long. It is a sinister ploy to keep masses uneducated & now we can get the better clarity of heading for - ACCEPTANCE OF THE UNACCEPTABLE IS APATHY.

 22 May 2020, Mumbai.