Category Archives: Uncategorized

The Peaceful Pleasures of the Pensioners’ Paradise

 

Danse Dialogues, Alliance Francaise

Danse Dialogues, Alliance Francaise

Karnataka Chitrakala Parishath

Karnataka Chitrakala Parishath

Koogu, Ranga Shankara

Koogu, Ranga Shankara

 

 

 

 

 

 

 

Greetings from the Garden City.  Before this city was known as an IT hotspot, it was known as the Pensioners’ Paradise, and also as the Garden City.  It was the Pensioners’ Paradise because the low costs, relatively pleasant weather, and defense sector brought retired military officers and civil servants here.  It was the Garden City for the many trees shading the streets, and for the municipal gardens surrounding the lakes and dotted across neighborhoods.  Today, when we meet people who grew up in this city, and whose families are from here, most conversations begin with a lament that the city is not what it once was.  The weather has gotten hotter; half the trees are gone; it was never meant to be so crowded.

Still.  Be that as it may (and it is true) the city remains quite vibrant and an enjoyable place to be.  The great difficulty in writing this post is that I kept getting distracted by discoveries of other upcoming events and things to do, far more than we could ever reasonably attend.

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Bonded Labor and the Law

As an attorney (you’re leaving this page already, I know), it seems hard to talk about my work here without discussing the formal definition of the offense we are working to end.  We’ve attempted to describe it, but what is bonded labor?

First, bonded labor and human trafficking are separate offenses under most laws.  A person can be trafficked for bonded labor, for sexual exploitation, for organ harvesting, for adoption, and for other forms of exploitation.  Trafficking is done for the purpose of abusing people people; bonded labor is a profitable way in which trafficked people are exploited.  Many cases of bonded labor involve people being trafficked for the purpose of exploiting them as laborers.  Trafficking is a significant subject on its own, so that will be reserved for another time.

Bonded Labor

Under India’s Bonded Labour Abolition Act, 1976, the offense of bonded labor consists of two elements: (1) a debt or an obligation, and (2) the forfeiture of any one of four freedoms (i.e., rights).[1]  The former is the force that brings a person into the bonded labor system; the latter is the key entrapment that renders the situation one of bonded labor.

If these conditions are met, the law presumes that bonded labor exists, and the employer has the onus of proving that the situation is not one of bonded labor.  When a government official declares a person to be a bonded laborer, the person receives a release certificate proclaiming that the debt is invalid and annulled, and the person is entitled to rehabilitation compensation from the government of Rs. 20,000 (about $332), paid over the course of two years.  Bonded labor is also a criminal offense, punishable with three years’ imprisonment.

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11 boys rescued; the urban face of bonded labour

This week, our office was engaged in a rescue of eleven boys from Jharkhand who had been working selling snacks — pani puri — in Coles Park, a park in a relatively affluent neighborhood in Bangalore.

Here’s how the Times of India — incidentally, the largest circulation English language newspaper in the world — reported on it:

Anti-Human Trafficking Unit (AHTU) along with the help of district administration and the labour department rescued 11 boys found working on the roadside eateries especially at the chat stalls near Coles Park on Wednesday morning.

The authorities swung into action after being alerted by International Justice Mission (IJM), an global human rights organization.

The boys hailed from Koderma district in Jharkhand and most of them were found working as bonded laborers, selling Pani Puri in Coles Park.

The boys, between the ages of 12-20 years were employed by two businessmen, both brothers from Jharkhand.

The New Indian Express additionally noted that the “police have arrested Pinto (30), one of the supervisors at the chat outlets, as the owners were out of station for a wedding. The accused have been booked under Bonded Labour System (Abolition) Act of 1976, and under section 370 of the Indian Penal Code. ” (IPC 370 is the human trafficking statute) Additionally, a newspaper in Jharkhand, where the boys and the businessmen are from, carried the story, in Hindi.

In this case, these boys — bonded labourers denied various freedoms — were selling snacks to the public in an affluent neighborhood, probably to the students in several nearby middle and upper-middle class schools.

This case is interesting because it illustrates that forced labour is not just a phenomenon of rural areas, which is often the image that many people in South Asia have. They  imagine a caste-based agricultural system in which there is a paternalistic exploitation.

And while this certainly  exists across South Asia, there is an urban story that is quite real, as this and other cases illustrate. With crushing poverty in rural areas — in places like Jharkhand or Odisha — people take whatever opportunity is available, even if the opportunity is an illusion and turns into a nightmare. Often that means migration to another more affluent and more booming part of the country, often the South or a city. In those places, they lose contact with family and may be isolated by language and other differences, making them vulnerable to exploitation.

This urban pattern is important because as South Asia urbanizes, grows and develops, forced labour isn’t going away. It is increasing. That makes the urgency of responding much greater.

Consider two  other stories in the last couple of months.

Several weeks ago the State Human Rights Commission rescued people, again from these same poorer parts of the country, who were forced to live on the roof of their factory in “inhuman conditions,” according to The Hindu:

A team of officials from the Revenue Department on Thursday found about 100 youth, aged between 21 and 26, working in inhuman conditions in a factory on Hosur Road. The surprise inspection followed a direction from the State Human Rights Commission (SHRC), which had received a complaint alleging that the company had employed bonded labourers.

A majority of the employees, who are from different parts of the country including Andhra Pradesh, Assam, Tripura, Jharkhand, Odisha, Bihar and northern parts of Karnataka, claimed to be diploma holders and had been appointed as interns with a remuneration of Rs 8,500 per month for eight hours of work every day, Tahsildar (Enforcement), Revenue Department, Chudamani told The Hindu.

This story of two men working for 22 years in a pan shop in Old Delhi, isolated from their family and exploited and beaten until rescued by Justice Ventures International, shows illustrates how forced labour continues in contemporary, urban South Asia:

The men worked in the pan shop for 22 years.  Ram Charan was 35 when he came to Delhi.  His father and mother both passed away while he was in the city, but he was not allowed to leave even to mourn their deaths.

Arrival, and Adjustments

We arrived a week ago, in the early hours of the morning, which is when the international flights come in.  Two from IJM met us at the airport and drove us to our new apartment.  The journey was a blur, though I do remember seeing at times ceramic pots along the median of the divided highway, containing trees or bushes or palms, and the curb was painted in alternating sections of yellow and green.

Because of the hour at which we arrived, after flights from New Orleans, then Houston, and then Frankfurt, our first experience of this new city was really the street, at lunchtime later that day, when two of our new colleagues came to take us to a cafe and to give us a first walking tour of the neighborhood.  Because I had no experiences really yet in this country, with which to process everything around us, I kept striving to match everything I saw and heard into accounts and stories previously told of this region.

Before we left the U.S., we saw a TED talk by the author, speaker, and mythologist Dr. Devdutt Pattanaik, titled “India is Not Chaotic.”  The TED talk opens with a photo of an Indian street, cars, rickshaws, pushcarts, motorcycles, scooters, and pedestrians, all intermixed.  Dr. Pattanaik contends that India is not chaotic; that the concept of chaos does not really exist in the society.  Instead, he argues that the street should be viewed as a public space that, unlike American highways with their prohibitions on bicycles and horses, does not exclude anyone from access.  Instead, there is a place in the order for everyone.  He notes that there are many ways in which order and patterns do manifest themselves in the country, including by the spectacular fractal designs, called rangoli in the north and kolams in the south, often drawn by women on the doorsteps on the morning.

So this is what was on my mind as we first stepped out into the street.  The sidewalks are often disturbed by trees emerging from the center of the walkway itself, sometimes with the concrete cut away to make room for the tree, and so we walked, as one does, in the street itself.   We live in a residential neighborhood, on a leafy tree-lined street of three-story houses intermixed with a handful of apartment buildings, all with balconies.  The homes are orange, yellow, pink, ochre, and blue, with different heights and setbacks, some with circles or spirals as the architectural motif and others with squares.  The comfortable diversity of styles brings to mind Hyde Park in Chicago, or perhaps West Hollywood and other neighborhoods in Los Angeles, and is quite appealing.

As in Hyde Park, the residential area is bordered by more commercial streets, with restaurants, groceries, and other stores. [1]  And here we reached the street as described by Dr. Pattanaik.  He showed in his talk a static photo, a birds’-eye view looking down the street lengthwise.  He did not show, in his talk, a video of a person crossing the street.  The traffic does not stop for the pedestrian, and the pedestrian must not stop for, but merely dodge, the traffic.  I thought that the streets here exclude those who lack the courage to cross them.   (Once so far I’ve crossed a street while a cow conveniently held up traffic in one direction for me, and once by following a fearless nun across many lanes of traffic).

This thought about exclusion repeated itself, more insistently, two days later, as we sat in a rickshaw caught in a traffic jam at a railroad crossing.  Two steams of traffic, each moving in opposite directions, converged head-on and were stopped on the tracks, until little by little, pieces from each group slipped through to cross and free up space.  The streets exclude those who lack the courage to get held up while crossing a live railway, I thought, as I examined the cars around me for signs of body damage, but saw nothing more serious than a scratched bumper.[2]  (For a rebuttal to Dr. Pattanaik, see this in India’s Economic Times, noting that there is a crash every minute in India, and a death from a crash every 3.7 minutes).[3]

And so we have tried in the last week to engage with the city, to not exclude ourselves, and to not be afraid.  While work, and adjusting our sleep schedules, and setting up the apartment have taken some time, we have ventured out of our neighborhood into the heart of the city twice now.  The first time, the evening when we sat in a rickshaw at a railroad crossing, was to attend a University of Chicago Harper Lecture, by Professor Christopher Berry of the Harris School of Public Policy, on India’s Municipal Finance Challenger.  (The Harper Lectures are a series of alumni events, held twice annually, in which Chicago sends out several of its professors to cities in the U.S. and globally, to deliver lectures on their current research.  They are among the most popular alumni events).  The most significant challenges, Professor Berry noted, are in the developing world, where the urban population is poised to overtake the rural population in a few decades, or less, and where vast majority of the world’s megalopolises are located.  It was probably the best Harper Lecture I’ve attended, in part because the alumni all were living the trends Professor Berry discussed, and in part because it was the least pretentious Q&A I’ve ever seen at one of these events.

The second time we ventured downtown together was on Sunday, to visit a church that interested us.  It offered an organ, two violinists, and a very liturgical order of worship.  Despite being the type of place founded over 150 years ago in the colonial times, and featuring plaques on the wall memorializing spectacular deaths of congregants in centuries past (cholera; tiger), it was no longer a bastion of the Scottish military.  Only a handful of people in a congregation of 600 families stood out as obviously non-locals, and we met several people who had been worshiping there for several decades, as had their parents before them.  This church also had the good fortune to be located, as we discovered after services, a few blocks from one of the city’s most famous bookstores.   Before we found this one, though, we discovered two other new bookstores (books for 399 rupees!), a good used bookstore (books for 150 rupees!), and an outdoor stall selling India After Gandhi (70 rupees!).  Back in the U.S., we had received and essentially ignored the advice that this city has an excellent selection of new and used bookstores, with prices cheaper than Amazon.  On this excursion we restricted ourselves to four: a guide, with maps, to the city itself; a guide to sites to visit on weekends within 300 km of the city; The Portrait of a Lady collected short stories by Khushwant Singh, who was a newspaper editor and member of Parliament; and The Argumentative Indian, by Amartya Sen.

I have also ventured downtown, with two more experienced fellows from IJM, for shopping.  There is a tradition in this office that, when a new woman arrives as an intern or a fellow, some of the other women take her out shopping on her first Saturday for kurtas and salwars.[4]  It is a lovely tradition.  The light cotton fabric of a kurta is designed for the heat, in a way few clothes (and fewer business casual clothes) available in the U.S. are, and I am glad to ditch dull suits for brighter block-print patterns.  During this shopping trip, I thought of William Dalrymple’s description in White Mugals of those British officers and enlisted men in eighteenth-city India who switched from western garb to salwar, as relinquishing their Britishness and “turning Turk” or “going native.”  Nonsense, at least today.  I will stay cool, and I will continue to wonder how Scots and Brits dealt with sunburn as they spread across the world.

This coming week likely holds the end of the initial orientation program at work, though the immersion in cases, criminal procedure, and the penal code will continue, and the beginning, perhaps, of the first assignments.  We have been settling in, and learning our way around.   Things are becoming more familiar.  On Saturday we lit the propane stove in the kitchen for the first time, and cooked our first meal (dal, and okra with tomatoes), and we are gradually learning the tricks to coax the washing machine into washing, rinsing, and spinning dry the clothes.

 

[1] A key difference is that, unlike in Hyde Park, in our new neighborhood, one can buy socks at a store more suited for the purpose than a Walgreen’s.

[2] Cars in Hyde Park, frankly, had more dings and dents than those around me here, but there was little social pressure there to repair such things, which were thought to induce thieves to search for a more marketable car.

[3] Soren would also note a story told to him, by a friend who moved from Mumbai to Chicago.  The Mumbaikar was initially surprised to see cars marked being driven by student drivers being given only a slightly wider berth than any other car on the road.  In Mumbai, the student car receives a bubble around out it the likes of which no other car ever sees.  The difference, of course, is due the efficiency of the insurance markets and court systems.

[4] Salwars and their close relation, churidars are, really, two styles of hammer pants.

Getting on a jet plane … to fight for freedom and justice

So … we are moving to South Asia to work with International Justice Mission, a Christian human rights organization, to fight bonded labor, a form of human trafficking. We have written a broader description of what we are doing and why.

In 1983, Indian Chief Justice P.N. Bhagwati described the problem of bonded labor, its evil, and the importance of addressing it in a landmark decision enforcing India’s prohibition of bonded labor enshrined in both the 1947 constitution and in a 1976 statute. He wrote:

The system of bonded labour has been prevalent in various parts of the country since long prior to the attainment of political freedom and it constitutes an ugly and shameful feature of our national life. This system based on exploitation by a few socially and economically powerful persons trading on the misery and suffering of large numbers of men and holding them in bondage is a relic of a feudal hierarchical society which hypocritically proclaims the divinity of men but treats large masses of people belonging to the lower rungs of the social ladder or economically impoverished segments of society as dirt and chattel. This system under which one person can be bonded to provide labour to another for years and years until an alleged debt is supposed to be wiped out which never seems to happen during the life time of the bonded labourer, is totally incompatible with the new egalitarian socioeconomic order which we have promised to build and it is not only an affront to basic human dignity but also constitutes gross and revolting violation of constitutional values.

If you want updates about what we are doing, please give us your email in the left column.   We will update this space periodically with stories and photos.