Missing Men of Honor

The Story of Disgrace

A wave of shame and disgrace washed over Indian Premier League’s (IPL) Rajasthan Royals team. Three players of the team – S Sreesanth, Ajit Chandila and Ankeet Chavan – were identified as part of the spot fixing racket. Eleven bookies were involved. Investigators have found some evidence connecting it to underworld don Dawood Ibrahim.

As per police disclosure Chavan was paid Rs.60 lakhs by the bookies, Sreesanth and Chandila got Rs.40 lakhs each. By the number of matches they have played they would have earned a few crores each. The bookies lured the players by throwing parties and providing female escorts.

It is shocking that players with such international repute and excellent career opportunities would take a criminal route to earn money. One wonders what they were thinking. Were they joyously throwing up their hands in the air and dancing with happiness. Did they think that for a few millions they would be breaking the hearts, trust and expectations of billions of people, starting with their family?

It is reported that Rahul Dravid, the captain of the team suspected something. He made Sreesanth sit a couple of matches and the team managers asked him to leave the team. How painful it must have been for Dravid, a man reputed for gentlemanly conduct.

This isn’t the first time followers hearts have been broken by their idols. It started with the political leaders. Now the cancer has spread through all facets of life. Indian politicians – Gandhi, Nehru, and Azad – were known for their impeccable behavior  Congress leaders fought for Indian independence. They spent years behind bars to fight for a cause. Now Indian politicians spend time behind bars for corruption and fraud. Instead of feeling shame or humiliation, they get back into public life with renewed vigor to mislead people and make money.  Over 30% of Indian politicians have a criminal track record.

The new breed, who have joined the infamous bandwagon are senior managers of Indian corporates. After Satyam and 2G telecom scam, their names appear frequently for being interrogated by CBI and spending time in jails.

Valuing Honor in Our Lives

So where has honor disappeared? Previously, the mark of distinction for a man was when people referred to him as – “he is an honorable man”.  Having a dishonorable reputation was disastrous socially and professionally. Now, honorable men among leaders can be counted on figure tips.

As a world civilization, we need honor back in our bloodstream. Without it, humanity will reach new levels of depravity. We require men and women to work dedicatedly to get it back for the sake of next generation, though it is a challenging task.

The cynics will say it is a pipe dream and point out various flaws. The idealists look at the times gone by and wish the same could somehow come back. The practical breed has learnt to work like an automaton to earn a living and look at nothing else.

So where do we get our heroes who will change the world for us?  The heroes have to pay a price. Lincoln, Gandhi and King – were all assassinated because they dared to bring about change. From the first step to the end of their journey they made personal sacrifices. They repeatedly saw failures, their hearts sank with despair and somehow they gathered their strength to walk on thorns again.

In the present world, who would wish to trade the high life, luxuries and comforts for a life full of dynamite?

But unless we do so, we are bestowing the next generation a dangerous life.

So our choice is between our generation and the next. Do we want to look that far ahead?

Closing Thoughts  

When we talk about change, our hackles rise. Even when it is obvious that we should change, we don’t want to. That is a human failing which 100% of us have. Our best excuse is that we can’t change the world, who would listen to us, how can all the people change? But if we study change, we just need 10% of the people to believe in our cause. That is, we need to influence just 1 in 10 people in our life. That doesn’t sound very difficult; all of us are capable of doing it. So why not give it a shot, and bring honor back in our lives. I leave you with words of Dorothy L. Sayers from Gaudy Night:

“If it ever occurs to people to value the honor of the mind equally with the honor of the body, we shall get a social revolution of a quite unparalleled sort.”

References:

IPL match fixing 

Human Rights Risk Management Process

The fire in a nine-story factory building in Bangladesh killed 400 people. More than 600 people remain unaccounted for. It housed five garment factories that supplied to international brands – J.C. Penny, The Children’s Place, Dress Barn, Primark, Wal-Mart etc. The workers were asked to come to work even when cracks appeared in the building the previous day.

Bangladesh is the second largest exporter of clothes and the workers get the lowest compensations. Just around USD 37-40 per month. The question arises why are the multinational organizations not following the UN Guiding Principles for Human Rights protection. The reason is simple; they want to show higher and higher profits to the investors.

In Delhi, in Munirka one will find numerous small factories full of workers making export garments. A friend of mine also ran one. I had bought a few shirts from her at cost price ranging from Rs 300-500 (USD 6-10). In one international visit, I found the same shirts selling in range of USD 15-30. The fivefold increase in price was because of the brand tag attached to the shirt.

The multinational buyers push the prices down and some supplier gives a rock bottom price. The others are forced to match that price to get the business. End result is that basic facilities are not provided to the workers and they work at really low wages. Unknown workers are paying with their lives in developing countries to satisfy the growth targets set by CEOs to earn their bonuses and keep investors happy.  It is the dark side of capitalism which organizations want to hide.

In most companies, human rights risk management is not a focus area. The 2013 Global Risk Management Survey conducted by RIMS identified seven risks related to human resources among the top fifty risks. Though worker injury and harassment were included there was no specific emphasis on human rights risk management.

The risk management team can conduct annually or bi-annually a human rights risk management assessment. It requires attention not only from human resources perspective but from operational, financial, legal and reputational risks perspective. Any breach can result in huge losses.

Here are some of the steps mentioned in the UN Guiding Principles on Human Rights and guide “Investing the Right Way” issued by Institute of Human Rights and Business.

1.     Review the Human Rights Policy Statement

Human rights risk management is emerging as an important issue, especially with multinationals entering emerging markets and developing countries. They are expected to protect and respect rights of workers, communities and society. Investors can play a crucial role by influencing companies to promote human rights relating to gender equality, child labor, rights of indigenous people, land acquisition, mineral processing etc.

Hence, companies need to publish Human Rights Policy Statement on their websites. The UN Guiding Principle 16 states –

 “As the basis for embedding their responsibility to respect human rights, business enterprises should express their commitment to meet this responsibility through a statement of policy that:

(a) Is approved at the most senior level of the business enterprise;

(b) Is informed by relevant internal and/or external expertise;

(c) Stipulates the enterprise’s human rights expectations of personnel, business partners and other parties directly linked to its operations, products or services;

(d) Is publicly available and communicated internally and externally to all personnel, business partners and other relevant parties;

(e) Is reflected in operational policies and procedures necessary to embed it throughout the business enterprise.”

As a first step risk managers need to check whether the organization has a human rights policy statement and the above mentioned steps have been adhered to.

2.     Human Rights Impact Assessment

The second aspect of UN Guiding Principles is for companies to establish human rights due diligence processes. Guiding Principle 17 states:

 “In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence:

(a) Should cover adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships;

(b) Will vary in complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations;

(c) Should be on going, recognizing that the human rights risks may change over time as the business enterprise’s operations and operating context evolves.”

Human rights risk management is complex and challenging. If ignored, they can increase political risks and deteriorate relationships of the organization with the government. For example, Tata Motors wished to establish Nano manufacturing plant in Singur, West Bengal. The government allocated agriculture land using 1894 land acquisition rule, meant for public improvement projects, to take over 997 acres farmland. The farmers protested with help of activists and the then opposition leader Mamta Banerjee. Tata Motors moved out of West Bengal and established the factory in Gujarat. Multinationals looking for large tracts of land to establish factories are facing similar challenges in India.

Another aspect to look into is that scrap, waste disposal, sewage, environment pollution etc. from factories can impact food, water and health of local communities.

Decision needs to be taken whether investments should be made in countries or states with poor human rights record. In India, the Naxalite area is extremely conflict prone and business operations can have severe human rights impact.

Risk managers should evaluate the strategy and operations of the company from human rights, environmental, social and governance factors. The companies can face operational risks (project delays or cancellation), legal and regulatory risks (lawsuits and fines) and reputational risks (negative press coverage and brand damage). The impact assessment should be done from investors, customers, employees, society and supplier perspective. Identify business owners for the risks and devise appropriate risk mitigation plans to address adverse impact.

3.   Grievance Mechanisms

UN Guiding Principles state that victims of corporate related human rights abuse should have access to judicial or non-judicial remedies. Companies should provide some remedies themselves and cooperate in the remediation process.

UN Guiding Principle 29 states –

“To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted.”

However, this isn’t followed by the companies in true spirit. “A Vigieo analysis of human rights records of 1500 companies listed in North America, Europe and Asia revealed that, in the previous three years, almost one in five had faced at least one allegation that it had abused or failed to respect human rights.”

Ideally the investors in the company should ensure that grievance mechanisms exist and address human rights issues. The transparency and disclosure of the same in annual reports would highlight the financial, legal and reputational risks. However, the investors don’t seem to be bothered by it.

See the case of Apple. It reported  Gross Profit Margin – 42.5%, Net Profit Margin – 26.7%, Revenue Per Employee – $ 2,149,835 and Net Revenue Per Employee – $ 573,255. It has 43000 employees in US and 20,000 outside US. However, Apple contractors hire an additional 700,000 people to engineer, build and assemble iPads, iPhones and Apple’s other products.

An Apple supplier in Taiwan, Foxconn was recently in the news for its workers attempting suicide. As per reports “Workers are required to stand at fast-moving assembly lines for eight hours without a break and without talking. Workers, sharing sleeping accommodations with nine other workmates, often do not know each other’s names. They do not have much time to get to know each other. The basic starting pay of 900 RMB($130) a month – barely enough to live on – can be augmented to a more respectable 2,000RMB ($295) only by working 30 hours overtime a week.”

See the difference the company earns per employee and the payment made to the supplier’s employees. Apple shows profits at the expense of lives of Taiwanese workers.  The workers don’t have much of a grievance mechanism in China as the government stated that the suicides are within the normal suicide rate. Can Apple investors sacrifice some profit margin for safety and security of the contractual workers?

Another old example is the class action suit since 2001 on Wal-Mart Stores that involved 1.5 million current and former Wal-Mart female employees. It is the largest workplace bias case in US history.

 4.    Human Rights Reporting

 The biggest challenge is that most of the human rights abuses are not reported. The victims of human rights exploitation hold little power in comparison to the exploiters. They can hardly take up the might of powerful businesses when they are struggling to get basic food and shelter. Secondly, in the developing and emerging countries, corruption levels are generally high. Hence, media, law enforcement agencies etc. are bribed by the power players to silence the victims. However, with internet and social media, things are gradually changing. People have a voice and collectively they can fight.

UN Guiding Principle 21 lays out the requirement for companies to communicate human rights impact externally. It states -

 “In order to account for how they address their human rights impacts, business enterprises should be prepared to communicate this externally, particularly when concerns are raised by or on behalf of affected stakeholders. Business enterprises whose operations or operating contexts pose risks of severe human rights impacts should report formally on how they address them. In all instances, communications should:

(a) Be of a form and frequency that reflect an enterprise’s human rights impacts and that are accessible to its intended audiences;

(b) Provide information that is sufficient to evaluate the adequacy of an enterprise’s response to the particular human rights impact involved;

(c) In turn not pose risks to affected stakeholders, personnel or to legitimate requirements of commercial confidentiality.”

 As per the UN principles, the reports must cover appropriate qualitative and quantitative indicators, feedback from internal and external sources including affected stakeholders.

Risk managers can evaluate the reports and the reporting process to ensure that all risks are properly addressed. They should evaluate whether cautionary steps are taken and nothing is being done to exacerbate the situation. They should highlight severe or irreversible risks to the management to ensure appropriate decisions are taken.

Closing Thoughts

 Inequalities in income are the main cause of human rights abuse. The rich want to get richer at the expense of blood and sweat of the poor, and sometimes life. The diamond manufacturers and sellers took the right step to publish that they do not source blood diamonds. Since 2003, the Kimberley Process Certification Scheme (KPCS), supported by national and international legislation, has sought to certify the legitimate origin of uncut diamonds. Trade organizations – International Diamond Manufacturers Association (IDMA) and the World Federation of Diamond Bourses (WFDB) – representing virtually all significant processors and traders – have established a regimen of self-regulation.

Other industries, be it technology, electronics or textile manufacturers,  need to come out with similar steps to stop human rights abuse. The risk managers have a vital role to play in it. If we do not do anything, we are cheating this and the next generation of their right to live happily.

References:

1.  Investing the Right Way – A Guide for Investors on Business and Human Rights – By Institute of Human Rights and Business
2. Singur farmland-  Tata Motors conflict
3. Apple financial ratios
4. Foxconn Case Study
5. Diamond industry sales clauses
6. 2013 RIMS Global Risk Management Survey

 

Happy Woman’s Day – Wishing More Power to Women

Whatever a woman wears shocks some man on this earth. A bikini-clad woman will most probably shock Indian urban male sensibilities, a burqha-clad woman will shock a French man, and a woman wearing a ghoonghat would shock an American. Still people judge a woman by what she wears. In patriarchal societies, character and sexuality of a woman is the same thing. Chastity, virtue and good character of a woman are prime importance. Men do honor killings in its name. What purpose do they serve? If women are not supposed to have sex with men, then is society promoting gay behavior?

In India, a country that was progressive in before Christ era, the situation has deteriorated with each passing century. India is the 4^th unsafe place for women in the world. Times of India reported that in Bangalore, 64% women feel unsafe to commute at nighttime. In rural India, situation of women is worse. They do not even have an education. Women face physical, emotional and psychological abuse every day.

1.      Virginity & Sexuality

The propaganda is that Hindu mythology books –Ramayana and Mahabharata – define the ideal woman. It is convenient; Sita the female protagonist in Ramayana is the ideal woman. Mahabharata depicts characters that are more realistic. For example, Draupadi, the heroine of Mahabharata had five husbands. In present day, men definitely can’t accept polyandry. Her mother-in-law, Kunti, gave birth to a son, Karan, before marriage. Her three sons after marriage were from different fathers as her husband was impotent. Draupadi was publicly disrobed and it is the men who are projected in negative light. The book shows both Kunti and Draupadi in positive light.

Presently, in Indian society looks down on women having sex with different men or having a child before marriage. Mahabharata was depicting a time period of 10^th century BC, and we call ourselves broad minded.

2.      Marriage and Dowry

One of the most negative customs in Indian society is that of dowry. As a good girl of Indian society should have an arranged marriage, her parents have to pay a big fat dowry to get a bridegroom. A woman is supposed to let her parents choose her husband.

In ancient India, the concept of Swaimwar existed. The parents of the girl would organize a Swaimwar, inviting eligible men for the marriage of their daughter. The daughter could run tests on the men, and choose her own husband. Even kings had to take rejection gracefully when they attended a Swaimwar.  It was the woman’s choice, and neither the parents nor the participants could change the decision.

Rape was punishable in some cases with death and in all situations; a woman’s consent was required for sex. For sex or marriage, a woman did not need her parent’s permission and could independently decide.

Women received “Stridhan” (wealth of a woman) at the time of marriage. This money and property was given to her by her and her husband’s relatives to use in case of emergency and/or on death of her husband. Even her husband was not entitled to use the money generally.

However, now the girl’s parents are pressured to give money to the bridegroom’s parents, and the girl doesn’t get any of it. In some cases, in rural India, if a girl chooses a lover or husband, she is killed to retain family honour. Rate of female infanticide is high because parents don’t wish to have liability of a girl. Tragically, the olden concepts have been twisted to fulfill power and greed.

3.      Widowhood, Divorce and Re-marriage   

Widowed and divorced women are socially excluded, as they are considered unlucky. Both are a social stigma. Hence, remarriage of divorced or widowed women is difficult.

It is incredible, that Kautilya’s Arthshastra defines the conditions of divorce, desertion and widowhood. He also mentions the period of separation and remarriage for divorced and widowed women. Islam and Sikhism accepted divorce and remarriage since inception.

The social custom of sending widowed and deserted women to temples to live a life of abstinence was more of an economic need than religious requirement. Even Sati (wife burning herself on her husband’s pyre) was a way to save money, in the name of chastity and virtue. Widowed and deserted women then would not require significant monetary support if it is propagated that they should not live a life of luxury.

Again here, the social customs were twisted to suit monetary ends. The tragic part is that these are done in the name of religious mandate. Hence, few would challenge the customs openly. We need to change the mind-sets to succeed in a global environment. India can’t succeed when 50% of its population is tied up in such draconian customs. Let us focus on independence and liberation of women in this century.

Closing Thoughts

Well, one can only argue with men up to a point. So I thought let me be open-minded and consider their perspective. Maybe one can decide a character of a person by the clothes they wear. I need a little bit of help form my readers. Could you look at the following pictures, and tell me which man has the best character. I am not blind yet, so I could figure out who looks the sexiest, but drastically failed at assessing character.

Wishing a Very Happy Woman’s Day to all my readers.

Two Ethics Questions to Mr David Cameron

David Cameron recently visited India with a huge trade delegation to improve the bilateral relationships. Of course, with India’s growing power, world’s senior politicians and business heads are now coming to India every week. However, what made Mr Cameron’s visit remarkable were his two comments he made in respect to British colonial rule.

Though I generally keep away from commenting on political aspects, the hypocritical stance was just too amazing to ignore. Indians sometimes see this behaviour from whites in India. For instance, a British man recently said to me – “All Indians are slaves, we British are superior.” I have no idea on superiority or inferiority of any human race but Indians are definitely not slaves. Obviously, the deluded old chap lived in a different world. Point to note is, Roman traders introduced the concept of slaves to India, and Mughal rulers practiced slavery in India for the first time.

The British rule was an attempt of minority ruling the majority. That is only possible by fear and terror. While Indian rulers believed in servant leadership. British ruled the population in a significantly inhumane autocratic leadership style that Indians did not have much experience in dealing. That resulted in quite a few atrocities and it brings me back to Mr Cameron’s comments.

1.      Jallianwala Bagh Massacre

David Cameron, the British Prime Minister, visited Amritsar’s Jallianwala Bagh and laid a wreath at the memorial. Cameron considered the massacre “deeply shameful event in British history” but did not apologise for it. Before this, Queen Elizabeth had paid a visit to the same memorial in 1997 and laid a wreath. One is not sure what the British leaders are attempting to convey by these gestures.

Here is the historical perspective. On April 13, 1919, British troops opened fire on unarmed civilians, including women and children who were celebrating the Sikh festival Baisakhi at Jallianwala Bagh. The British estimated 379 dead and approximately 1100 wounded. Indian National Congress estimated 1000 dead and 1500 wounded.

The order was given by Brigadier-General Reginald E.H. Dyer. He was forced to retire from army, however was celebrated as a British hero. His actions were so twisted that when an Englishwoman, Miss Marcella Sherwood reported she had been molested on the streets of Amritsar, he issued an order requiring all Indians (men) using that street to crawl its length on their hands and knees. General Dyer said that – “Some Indians crawl face downwards in front of their gods. I wanted them to know that a British woman is as sacred as a Hindu god and therefore they have to crawl in front of her, too.” He was never punished for any of his actions nor was tried in court.

Under British rule, Indians suffered numerous inhumane acts. From the present day British leaders’ perspective, I would say that they cannot undo the past. Indians definitely are not waiting for an apology. However, using the gesture for political mileage, most probably to get Indian votes in Britain in the next election is a little bit too much to swallow.

The other aspects I find hypocritical are the double standards maintained. When Germans killed Jews, it was an inhumane act – “crime against humanity”. The Nazis were tried in Numerban trial and hanged for their war crimes during Second World War. Even until date, a list is maintained of the missing Nazi’s. American President Mr Franklin D. Roosevelt  and British Prime Minister Mr Winston Churchill, both were involved in the decision.

I absolutely agree that Hitler’s rule was atrocious. I have one observation – If atrocities are done on Americans and British it is a crime against humanity. If they do atrocities on people of other countries, then those people do not even deserve an apology.

How does one justify this stance on ethical standards?

2.      The Kohinoor Diamond

India requested David Cameron to return its Kohinoor Diamond and he responded – “I certainly don’t believe in ‘returnism’, as it were. I don’t think that’s sensible.”

Kohinoor diamond was discovered in Karnataka mines and the first mention is in 13^th century. It is one of the most well known diamonds in the world. Presently, it is set the in the British crown of Queen Elizabeth and is displayed in Tower of London.

The British acquired the diamond from India in 1850. Raja Ranjit Singh of Punjab owned the diamond and in his will bestowed it to Jagannath Puri temple. However, on his death in 1839 British administrators did not execute his will. In March 1849, British formally proclaimed Punjab as part of British Empire in India.  In terms of the treaty they mentioned that the “gem shall be surrendered to Queen of England”.  Lord Dalhousie treated it as spoil of war. He made the 13-year-old conquered prince Dulip Singh, to travel to England to present the diamond to the Queen.

India was a rich country when British arrived in the 17-century AD. They took away precious jewels from the kingdoms they captured. Most of them cannot be directly identified; however, Kohinoor is part of Indian heritage.

My question is – Is it ethical for a country to keep other countries national treasures? What if the roles were reversed? What would the world expect from India then?

Closing Thoughts

India is catching up with the developed countries and now ranks 9^th in the world in respect to Gross Domestic Product. Indians are confident of doing better in the 21^st century. Hence, they are not looking for rehashing history, as it can never be changed. Indian religions teach forgiveness as the greatest virtue. However, it does not mean Indians have forgotten the past and are gullible enough to be taken for a ride. Now as more world leaders visit India to take advantage of the large consumer market, they need to do far better. A new world order is establishing and India is in a position to choose the best partners.

References:

1. List of Most Wanted Nazi War Criminals according to the Simon Wiesenthal Center
2. Nuremberg Trials
3. Kohinoor Diamond
4. Britain GDP

Money Can Buy Everything

A woman called me up recently and said that someone is willing to pay her huge amount of money for investment in her business. Problem was, they did not want to disclose their identity and would be transferring money from Sri Lanka. I told her I suspected that the people involved are attempting money laundering. She believed the same and refused the transfer of funds.

I realized that the people behind white-collar crime believe one thing – “Money can buy everything”. That is the core motivation. Otherwise, professionals earning huge salaries would not be rationalizing fraud. The American money market economy reiterates this concept; hence, even the normal people are pursuing money blindly. All relationships and every person seem to have a price. So let me ask you the question:

Now let me paint you a picture of the future world. In that world you do not have to produce kids, no woman has to get pregnant and tolerate the pregnancy woes for nine months. Whenever you feel like becoming a parent, you just have to visit a shop. Lifeless kids’ bodies are available of all sizes and shapes. When you choose one, the shopkeeper installs a battery and wham, the kid is alive. You can choose a new-born, a two-year-old etc. at a certain price.

Next, you don’t have to train the child on anything if you don’t want to. You have the option of raising the child the normal way or using patches. For example, if you wish your child to learn cricket, you just purchase a patch and install it, and the kid knows cricket.

Contemplate the advantages of this situation. As a parent, you won’t have to spend countless hours changing dirty nappies and watching the child struggle to learn to walk and talk. Mothers won’t have to sacrifice their professional and social life. You won’t have to sacrifice Dhoni and teams match to watch your son’s floundering attempts on the cricket field. You won’t have to watch your daughters giving a disastrous dance performance. After these, you won’t have to give a beaming smile and make it sound that it was the greatest performance in the world. You won’t have to make any sacrifices. There will be no pain, no tears of frustration and no disappointments. So now, let me ask you a question.

If you have answered that you would prefer the natural way, then the question is why? Why choose hard work, heartbreak and pain over an automatic high quality child? The reason goes back to root of our psychology. Raising a child gives purpose and meaning to the life. When our child does well, we feel a sense of satisfaction, accomplishment and pride. The joy and happiness we get are worth all the tears, heart breaks and sacrifices. Parents put their life on hold for 20 years to raise a child and then the child leaves home to make his/her own life. If you look it from a financial angle, it doesn’t sound much of a deal. Yet, nearly every adult wants to do it.

If I look this from another angle, another basic human need is sex. Hence, according to this viewpoint  prostitution should be legal in all countries (It is illegal in India). There should be no moral judgment on purchasing sex. The question is then why do the people who use prostitutes don’t stay with them? Why do they come back home? Why do most of them go back to the same prostitute rather than try a new one every time? The reason is simple. However good the sex was, it doesn’t give a sense of belonging. Objects don’t give happiness, relationships do. Commoditizing takes away the warmth, peace and happiness.

The same difference applies for money earned through hard work and by frauds. Money earned the wrong way doesn’t give you pride and joy. I think all of us remember our first salary and the sense of “I did it”. The salary was peanuts in comparison to twenty years of studying hard. But we remember the first salary till our dying day.

In my opinion, money can only give a comfortable standard of living and nothing more. We don’t even need money even power, recognition and status. We simply are getting lost in the mad race.

Closing Thoughts

Today is Mahatma Gandhi’s death anniversary, one of the most recognized and respected leaders of the 20^th century. Even in this day and age, his dhoti, shawl and chapel can be purchased in India in less than Rs 1000/-. In President Obama’s inauguration ceremonies, Michelle Obama’s clothes were a topic of discussion. Some would argue that present days leaders need it. I think if Gandhi ji had been alive today, he would be living in less than Rs 20,000/- a month.  We need to re-look where we are heading in the mindless pursuit of money while convincing ourselves that our life in other areas is fine. As Mahatma Gandhi said – “One man cannot do right in one department of life whilst he is occupied in doing wrong in any other departments. Life is one indivisible whole.”

Justice Verma’s Report – A Respite for Indian Women

Justice Verma’s report besides covering sexual harassment at workplace also covers other crimes committed on women. Most of these questions were never raised or those who raised them were unheard. Nevertheless, for a civilized democratic nation, the existing social attitudes need to be challenged. India cannot become a global super power when it is the fourth unsafe country in the world for women, nearly 50% of its population. It is our duty to question existing archetypes, advocate change and bring about new thinking.

India was among the few countries that gave equal rights to women on Independence in its Constitution. Mahatma Gandhi thoughts reflected his open thinking in the following words. Let us make them a reality in this century.

“Woman is the companion of man, gifted with equal mental capacities. She has the right to participate in the minutest details in the activities of man, and she has an equal right of freedom and liberty with him. She is entitled to a supreme place in her own sphere of activity as man is in his. This ought to be the natural condition of things and not as a result only of learning to read and write. By sheer force of a vicious custom, even the most ignorant and worthless men have been enjoying a superiority over woman which they do not deserve and ought not to have. Many of our movements stop half way because of the condition of our women.”

The issue is at the heart of Indian society and below are few points from the report that I wish to bring to your attention.

1.     Rape and Sexual Assault

The Indian Penal Code defines rape as:

“A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—

First.—Against her will.

Secondly.—Without her consent.

Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly.—With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixth.—With or without her consent, when she is under sixteen years of age.”

In Indian society, few women are able to exercise their right to object or say no. Men obtain consent through psychological, emotional, financial and physical coercion and threat. The popular concept is that rich men do not rape, it is only poor men who rape women. If a rich man obtains consent through coercion, the women agreed. The standard should be clear. Any man who forces himself on a woman when she has said no is attempting rape. Sex with a woman when she is opposing or resisting is rape. Consent given out of fear or criminal intimidation is rape. Period.

The situation of an Indian wife is the worst possible in the world. Every woman in the world has a right to say no, except an Indian wife. She is duty bound to have sex with her husband. For the first time Justice Verma has included marital rape. Wife is not a property of the husband and has the right to revoke her consent to sex during the course of her marriage. The report states- “A rapist remains a rapist irrespective of the relationship with the victim.” In mordern context, marriage is a relationship of equals and consent cannot be assumed as implied.

Secondly, rape victims face extreme humiliation in courts when their past personal life is dragged for discussion. The defense lawyers ruin the reputation of the victim by bringing past love affairs. In Indian society, if a woman has sex outside of her marriage she becomes characterless. The whole attitude adds insult to injury. Justice Verma has recommended that a woman’s past life cannot be a subject matter for debate in court in a rape case.

It requires extreme courage in India for a woman to report rape and most of the cases go unreported due to the social stigma a raped woman faces. She is ostracized and alienated by the society and her reputation is ruined. The abusive men proudly boast about their power and accomplishments in brow beating women into submission. This attitude needs complete revamping as it distorts the justice system. Society should view rape as a crime and not evaluate it on a shame-honor paradigm as it puts the victimized woman on trial instead of the rapist.

Sohaila Abdulali, a rape victim had succinctly put it – “Rape is horrible. But it is not horrible for all the reasons that have been drilled into the heads of Indian women. It is horrible because you are violated, you are scared, someone else takes control of your body and hurts you in the most intimate way. It is not horrible because you lose your “virtue.” It is not horrible because your father and your brother are dishonored. I reject the notion that my virtue is located in my vagina, just as I reject the notion that men’s brains are in their genitals.” This brave heart has the courage to break the rigid thinking and fight against atrocities.

2.     Eve Teasing and Stalking

The Indian Journal of Criminology and Criminalistics (January- June 1995 Edn.) has categorized eve teasing into five heads viz. (1) verbal eve teasing; (2) physical eve teasing; (3) psychological harassment; (4) sexual harassment; and (5) harassment through some objects. In India the safety of women is at risk in all public places and not just the workplace. Women are sexually harassed in public spaces by men making unwarranted comments. In some cases, the obscene words and gestures seriously impact the dignity of women.

A minor girl in India from the time of achieving puberty becomes a target of eve teasing. As India is a conservative society, she learns to suffer the indignities quietly. As such with the parental attitude that girls are a liability, Indian girls have a low self-esteem. They are trained to behave according to “what will people say”. Hence, the young unsure girl suffers psychologically and emotionally without an outlet since she cannot share her “shame”. If she does so, she will be shunned.

For men it is just an entertaining pastime to demonstrate their machismo. They generally go unpunished due to the lax implementation of criminal action in these cases. Women hardly report the cases to police though eve-teasing is a criminal offence

Justice Verma’s report gives recommendations to curtail eve-teasing. He has suggested  deputation of female police officers at public places, installation of CCTV cameras in public places, filing of police complaints by public transport and public place operators etc. These are steps in the right direction.

If a man wishes to talk to a woman, he can do so in a graceful and dignified manner without offending the sensibilities of the woman. He does not need to stalk a woman, behave in an uncouth and uncivilized manner to get attention. Moreover, if a woman has rejected his advances, he should accept that gracefully. His interest and her rejection do not give a right to harass and abuse her. The women should not adopt a defeatist attitude or try to convince themselves that the man is showing affection and liking. He is blatantly saying that he does not respect you or your wishes. Thankfully, Justice Verma’s report has included stalking as a criminal offense.

Closing Thoughts

Courage is not the absence of fear. Courage is about fighting fear tooth and nail in every step we take to define a new path. The educated women and men of India need to fight this battle for their less privileged counterparts. When Indian women could fight shoulder to shoulder in the non-violent struggle for Indian Independence, they can fight now too. In life, always the crazies have brought about change. Don’t be scared to be marked as quirky or non-conformist, you are in good company. Before Independence, British thought Mahatma Gandhi as a fruitcake. The point is, no one will fight your battle for you. We need to do it for ourselves. Progress of Indian women serves India’s national interest. Hence, let us move forward with courage and conviction to redefine the status of women in Indian society

References:

Report of the Committee on Amendments to Criminal Law – Justice Verma,

Justice Verma’s Report – Views on Sexual Harassment at Workplace

Justice Verma’s report covers sexual harassment at the workplace. While in September Lok Sabha cleared the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012, it is pending with the Rajya Sabha. The Supreme Court ruling of the Vishakha case in 1998 hasn’t improved the condition of women in the workplace. It looks like things are finally changing for the better with Justice Verma’s report as he covers some critical issues about the topic. Here is a brief overview of the issues Indian working women face and the relevant aspects of the act. The Indian organizations will now have to address these human resource risks properly.

1.     Background  

The Indian Constitution grants equal rights to women. It states that women have the fundamental rights to life with human dignity, to equality, and to work in ones chosen profession or trade inherently include protection from sexual harassment. Article 42 emphasis that – “The State shall make provision for securing just and humane conditions of work and for maternity relief”. The Constitution guarantees certain fundamental freedom to women as it considers that as a bedrock for democracy. However, Indian society even after over 60 years of independence considers women a subservient gender. Sexual harassment is rampant in society including the workplace.

Finally, the 2012 Sexual Harassment Act will provide some protection to women. According to the act, sexual harassment constitutes of the following unwelcome acts or behavior (whether directly or by implication) namely:

(i)              physical contact and advances; or

(ii)             a demand or request for sexual favors; or

(iii)            making sexually colored remarks; or

(iv)           showing pornography; or

(v)            any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Further on, the act states that the following circumstances, along other circumstances, if they occur or are in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:-

(i)              implied or explicit promise of preferential treatment in her employment.

(ii)             implied or explicit threat of detrimental treatment in her employment

(iii)            implied or explicit threat about her present or future employment

(iv)           interferes with her work or creating an intimidating or offensive work environment for her; or

(v)            humiliating treatment likely to affect her health or safety

2.     Formation of Employment Tribunal

The act mentions formation of Internal Complaints Committee by the organization and a Local Complaints Committee at district or local level. The logic is that the employee should first address the complaint internally and if the employer is involved then the aggrieved women should approach the Local Complaints Committee. However, as we have seen in the ten years after the Vishaka case, these are not effective when senior managers are involved in sexual harassment. The woman generally loses her job if she files a complaint as the Internal Committee driven by Human Resource department supports the senior management.

Justice Verma report suggests formation of Employment Tribunal. He suggests that Internal Complaints Committee and Local Complaints Committee are not required as this process dissuades the women from complaining. I completely agree with Justice Verma. The senior managers will have lessor influence on external parties.

3.     Punishment on Filing False Complaint

The act states that if the Internal Committee or Local Committee determines that the allegation made by the woman was malicious or false, the woman can be punished for filing a false complaint

Justice Verma’s report recommends that a woman should not be punished for filing a false complaint.

Though, overall I am against the view of filing false cases and consider that these should be punishable. However, in case of sexual harassment, my view is that the women should not be punished. In all probability, there will be a few false cases filed by some crooked women. But in India due to society’s attitude, very few women have the courage to fight sexual harassment publicly  Secondly, if they file a case against senior managers, with the corruption level existing in the country, most cases can be made into false complaints. Hence, in these cases women should not be penalized if the case is proven false.

4.     Time Period for Filing Complaint

The act states that a woman should file the sexual harassment complaint within three months of the incident or the last incident.

Justice Verma states that there should be no time limit for filing the complaint.

I agree with Justice Verma’s suggestion. Indian women are geared to think that humiliating and sexually harassing behavior is acceptable. The kind of thinking is “men will be men”. Very few women have the courage to point blankly tell a man that sexually harassing behavior is unacceptable in civilized society. Hence, women generally file a complaint after repeated harassment. Problem further is intensified for married women, since the husbands tend to blame the wife for inappropriate behavior  There is a high-level social stigma attached to it, and sometimes marriage breaks up. Lastly, sexual harassers threaten a woman by spreading rumors and doing various acts to ruin her reputation. Hence, in Indian context there should not be a time limit for filing the complaint.

5.     Transfer of the Complainant

The act specifies that the Internal Committee or the Local Committee can transfer the aggrieved woman or grant leave to her.

Justice Verma’s report states that this should be done with the consent of the woman.

I agree with the logic of Justice Verma. Sometimes if a woman files a case in one city, she will be transferred to a remote place from where travelling expense will be significant or unaffordable. Hence, the woman will be unable to fight her case.

Moreover, sometimes she is forced to take leave and then rumours are spread. When she comes back, her job is given to another person. After waiting for a couple of months in the hostile climate, she automatically quits. Hence, in all these cases a woman’s consent should be mandatory before any action is taken

6.     Conciliation

The act states that the Internal Committee or the Local Committee at request of the aggrieved woman takes steps to settle the matter between her and the respondent through conciliation. The settlement so arrived should be recorded.

Justice Verma contends that conciliation is against the dignity of the woman and adds further to the humiliation. Hence, the section should be deleted.

In my view, the act states that conciliation process should start at the request of the woman. Hence, it is her practical choice and she should be allowed that. In Indian society, a woman may not have the means to continue a case for long and her reputation is perpetually at risk.

However, the act should specify the level and magnitude up to which conciliation should be attempted. If a woman is being threatened or the case is serious, she should be advised against conciliation and provided adequate protection from retaliation.

7.     Compensation and Employer Liability

The act states that an appropriate amount should be deducted from the salary and wages of the respondent and paid to the aggrieved women. If the employer is unable to deduct, for instance, the employee leaves the organization, and respondent fails to pay, the same will be forwarded to the District Officer.

In my view, the organization is liable for compensation as it failed to provide a secure and dignified working environment to the woman. Justice Verma has also mentioned that employer should be liable to pay for all losses incurred by the women due to sexual harassment.

The act only specifies a fine up to fifty thousand rupees is the employer fails to constitute an Internal Committee or contravenes any of the sections of the act. This amount is peanuts for large organizations and they shall blatantly ignore the act. Justice Verma has rightly recommended a prison sentence in case there is a systemic flaw and discrimination is encouraged. In India in some organizations, sexual harassment by senior managers is considered a right. They can choose any women and she is required to comply.

Closing Thoughts

Justice Verma has done a commendable job in highlighting the problems women face in Indian society and in giving solutions. For once, the report isn’t a white wash to cover some political agenda and shares strong opinions. We have to hope that the government takes the required steps with the same speed the report was issued. More than 25% women in India face sexual harassment at workplace and they have no effective redressal system to file their complaints. For a civilized democratic society, this is an unacceptable situation. The Indian organizations would find the rules tough to follow. However,  25-30% of employee strength constitutes of women. Hence, they must ensure secure and dignified working environment. Finally, after a woman lost her life in a gang rape, we are moving in the right direction. May her sacrifice be worth it.

Wish my Indian readers a Happy Republic Day. Especially the women, hope you get the freedom denied to you even after independence. 

 

References:

1. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012
2. Report of the Committee on Amendments to Criminal Law – Justice Verma,

Development of Moral Authority and Responsibility

Mahatma Gandhi epitomizes moral authority in leadership. In every aspect of his life, when he witnessed injustice, he felt morally responsible to correct the situation. His following lines on the seven deadly sins effectively capture the root cause of the ills prevailing in the society in the 21^st century

Seven Deadly Sins

“Wealth without work
Pleasure without conscience
Science without humanity
Knowledge without character
Politics without principle
Commerce without morality
Worship without sacrifice.”

In the business sphere, the issues relating to financial crises, sexual harassment cases, oil spills, nuclear power station disasters, money laundering, bribes and corny capitalism – all arose because of the seven points.

It is not that moral responsibility has disappeared from Indian society. Anna Hazare’s fight against corruption, Arvind Kejriwal’s exposes and the candle light march for the Delhi gang rape victim, all show that leadership based on moral authority flourishes and forms the foundation of humanity.

The challenge is that the percentage of people showing moral responsibility is small. It is disheartening that India, a country thought as the heartland of spiritual awakening world over, is finding a shortfall in moral leadership. The difference between Gandhi and Hitler was only about conscience leadership. They both had vision, passion, communication and people management skills. Now we are seeing more leaders without a conscience.

So what changed over the centuries? If we see, a human body has physical quotient (PQ), intelligence quotient (IQ), emotional quotient (EQ) and spiritual quotient (SQ). In the 20^th century, the focus suddenly shifted to IQ and PQ. In the age of industrialization and development, people ignored EQ and SQ.

In the 18^th century, most of the literate people would have read their religious text. Though religion does not ensure ethical behaviour, it still lays down some parameters for virtues. In this century, just small percentages of literate people have read religious text and are capable of discussing the finer points. Therefore, the solution is to bring back focus on EQ and SQ. People with higher EQ and SQ are more ethical and morally responsible. Punishing people after they have conducted a crime isn’t the solution; we need to build the character.

The onus of responsibility rests with all the adults in the society. It may sound like a tall order, but there are a few things that each adult can do without much effort. Here are my three suggestions, share with me your ideas on the same.

1.     Use Gamification  

With technology, kids and adults are addicted to playing games on computers. It is unlikely, that kids now will sacrifice their computer to listen to grandma stories of old times. The stories had messages, which taught kids the difference between right and wrong. The schools had moral science classes, doing the same. In the current setup of nuclear families and education system, the kids lack it. Parents therefore can buy computer games dealing with ethical dilemmas, moral lessons and spiritual ideas instead of Angry Birds. It would be a step forward to see kids addicted to such games and not those showing violence and abuse.

Even in the business world, ethics can’t be taught in a day. If gamification is used to issue one ethical dilemma every day which staff participates in, the awareness level of the staff will be much higher.

2.     Take Speaking and Writing Engagements

Indians have vast access to knowledge on spirituality and ethics. The number of Indians speaking and writing about morals, ethics, spirituality etc. needs to increase. We can use blogs to give our messages, write in newspapers and journals, become guest lecturers in schools and colleges and take speaking engagements in business seminars.  The gap in EQ and SQ is huge. We need to build awareness by communicating the stories and building the skills.

Do the same in business environment. Have a business ethics blog on the intranet, make videos on ethical dilemmas and have classroom training on the same.

3.     Build Communities

In US there are huge number of societies and communities focused on addressing various problems. For instance, they have anti-bullying communities that propagate no bullying in schools. However, in India most of the societies are focused on religious aspects or charity. We need to build communities, whose members are brand ambassadors for personal and business morals. As we have seen from the past events, collective strength matters enough to force government and various authorities to take the right steps. We can then ensure better ethical education for the children and young adults.

In business too, it is easier to build an ethical culture when champions are appointed to propagate business ethics. Members of operation teams besides ethics officers are required to enhance the ethical values of the organization.

Closing thoughts

We have a choice, to ignore the ills of the society, complain about them or do our two bits to help improve it. From my experience, it is far more satisfying to contribute positively. Even guest lectures to college students on business ethics sow the seeds for morally conscious business. India has a huge Gen Y, and Gen X has to address this problem. Otherwise we will continue to see the increasing crime rate and see our own children become part of a racket.

 

The Burden of Being a Woman in India

In December 2012, the horrific rape of a 23-year-old paramedical student brought into limelight the insecure lives Indian women lead. Six men in a bus brutally raped her. Her friend who had gone with her to see a movie, tried to stop them but he was beaten by an iron rod. A 17 year old who raped her, inserted a rod inside her and took out her intestines. After the rape, the culprits threw the couple out on the road, naked! No one helped them for two hours. The girl after battling for her life for two weeks, died in a Singapore hospital. She became another woman whose dreams, hopes and life was crushed by the hands of men.

In India, a girl is at risk from the day she is conceived. If she is not aborted, she is considered a liability from her birth. She has to be subservient to all to survive. Her aspirations are sacrificed on the altar of her brother’s rights and privileges. When she gets married, her parents pay a dowry to the groom to keep her. She does not get any rights in her husband’s home also. She can be raped by her husband and she has no legal recourse, as she is duty bound to have sex with her husband. She has to lose her identity to ensure her husband’s success. An Indian women cannot demand equal rights from her father, brother, husband or son. In India, the saying holds true – behind every successful man, there is a woman. But behind every failed woman, there are men.

An Indian man from his cradle is taught that being beastly to women is a sign of masculinity and superiority. The abusive relationships he witnesses between his father and mother, hardwires him for life to treat women as objects and slaves. A teenage boy learns to sexually harass women publicly. Boys start rudely commenting on young girls and women walking on the street. It is called “eve teasing”, supposedly a sign of growing up of a boy. The young girls learn that they can be insulted and humiliated publicly by any random male and no one is going to come to their help. There is no protection available, and she just has to tolerate it.

The apathy in the society is such that no one will come to help a woman even if she is publicly asking for it. The worst part is that other men and women will join them in tormenting the women being abused. You see, the woman asked for it and deserves it. That is how bad the psychology of Indian society is. If a woman manages to break the chains and stands on her own two feet, men and women both will aggressively attack her at a social and psychological level. The women, who are dependent on men to win brownie points from them, will support them and make the woman’s life more miserable.A woman who is being abused by men will be isolated by women and made to suffer more. Women do the dirty work of men, against women. That is the tragedy. India is the fourth unsafe country for women in the world.

A woman has to accept physical, emotional and psychological torture without any hope that it will end. She is at the mercy of men. If rich men are involved, then she does not even have legal resource, as they will bribe the law enforcement staff. On the other hand, the society will support the rich men to get favors from them.

The same situation continues in offices. The sexual harassment faced by women in India is the highest in the world. However, the sexual harassment act is in draft stages for over a decade. No woman has won a sexual harassment case against a powerful man in India. In most cases, when a woman has managed to lodge a legal complain she has been proved to be mentally unsound and/or politically motivated. The sad part is fathers of daughters protect other men than the sexually harassed women to remain part of the men’s club. Then they expect that the other men will not harass their daughters in offices. A twisted thinking that highlights what the daughters were subjected to at home. Moreover, men to show their superiority will mob an aggressive and independent woman in Indian offices. Seniors will either encourage it or turn a blind eye. Very few organizations ensure protection from sexual harassment by seniors.

Closing thoughts

Being beastly and brutal towards women signifies masculine power and superiority in Indian society. Female physical and economic weakness makes her a target for social exploitation. Without women gaining social and financial equality, the plight of women will not cease. They will continue to endure the atrocities meted out to them silently, scared to voice their anger and fight for their rights. In India, the bias is so strong that when a woman fights for her rights, she is called Phollan Devi, and when a man fights for his, he is walking the steps of Mahatma Gandhi. With these judgments, society wishes to silence women forever. Men wish to continue the tyranny of past centuries in the 21^st century to safeguard the male order.  That is the real tragedy.

I dedicate this post to the gang-raped girl Jyoti. May the candle lit from her pyre light the life of women in India.

India Inc. – Say Hello to Corporate Social Responsibility

The Lok Shabha approved the new Companies Bill and now it is pending with Rajya Sabha. After approval, companies will need to implement the new Sec 135 on Corporate Social Responsibility. The section applies to companies having:

a)     A net worth of Rs 500 crore or more, or

b)      A turnover of Rs 1000 crore or more, or

c)      A net profit of Rs 5 crore or more, during the financial year.

The company needs to form a Corporate Social Responsibility (CSR) Committee at board level of three or more directors, of which at least one should be independent. The board has to ensure that the company spends at least 2% of net profits on CSR. The clause specifies the requirement of “comply or explain”. If the company does not adhere to the requirement, it has to explain the reason for doing so.

With the last quarter of the Indian companies, they need to plan the activities for the next financial year. Here are a few of the things that they can do now:

1.     Hire a dedicated team

 Most Indian corporates do CSR activities in an arbitrary manner with responsibility either falling in Communications department or Administration department. CSR is a specialised line that requires people with altruistic temperament well versed with the problems of the society.

2.     Develop a CSR policy

 The organization requires a CSR policy approved by the board along with the budgets. Reports suggest that social responsibility adds to the brand value of the company and improves customer perceptions about the products. In view of this, the CSR policy should be long-term and aligned to the business objectives. For example, financial services sector has high risk of fraud. Hence, it can think of sponsoring fraud prevention and business ethics training, which is in short supply in India.

3.     Identify the right partners

 Corruption has influenced non-profit organizations also. As per media reports, a number of organizations opened prima facie for doing social work are actually acting as fronts to collect illicit money and route it into different areas. Hence, choosing the right partners who are actually committed to doing social good is important.

Closing thoughts

 Besides the external benefits, CSR improves employee engagements. Employees feel good when their companies act in a socially responsible manner. Moreover, with the mad rush to achieve targets this acts as a great stress buster while giving meaning to live. Getting a bigger pay packet can be an objective but never the purpose of life. Hence, this law is a win-win situation for all involved – the customers, employees and public. It is up to us how we leverage it.