#Employment law in India

[kanchankhatanaa]

Employment Lawyer in India

We provide continued Employment Law Advisory for our client organizations. Our specialized lawyers provide advice to our clients' w.r.t Policy, Process, Organization restructuring, separation, Reduction in force and other critical decisions. We aim to provide advisory that shall avoid disputes. Also, we provide pre-litigation dispute resolution and defend clients in disputes with employees, unions, works councils and government agencies at tribunals and other platforms. We advise our clients on the applicability of Labor/Employment laws, their obligations and compliances, and the consequences of non-compliance, as well as issues such as The Employees’ Compensation Act, The Trade Unions Act, The Payment of Wages Act, The Industrial Employment (Standing Orders) Act, The Industrial Disputes Act, The Minimum Wages Act, The Employees’ State Insurance Act, The Factories Act, The Plantation Labour Act, The Mines Act, The Employees’ Provident Funds and Miscellaneous Provisions Act, The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, The Working Journalists (Fixation of rates of Wages) Act, The Employment Exchange (Compulsory Notification of Vacancies) Act, The Motor Transport Workers Act, The Maternity Benefit Act, The Payment of Bonus Act, The Contract Labour (Regulation and Abolition) Act, The Payment of Gratuity Act, The Equal Remuneration Act, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, The Cine Workers Welfare Fund Act, The Dock Workers (Safety, Health and Welfare) Act, The Child and Adolescent Labour (Prohibition and Regulation) Act, The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, The Building and Other Construction Workers Welfare Cess Act, 1996, state-specific Shops & Establishments enactments, Transgender Persons (Protection of Rights) Act, and others, to name a few, are all applicable in India covering complete hire to retire cycle of employee.

[npzlawyersforimmigration]

Canada Reduces Immigration Targets for Sustainable Growth: Key Highlights of the 2025–2027 Immigration Plan

https://visaserve.com/canada-reduces-immigration-targets-for-sustainable-growth-key-highlights-of-the-2025-2027-immigration-plan/

#CanadaImmigration #SustainableGrowth #ImmigrationPolicy #TemporaryResidents #PermanentResidency #ImmigrationLevelsPlan #FrancophoneImmigration #EconomicGrowth

[jaagrukbharat]

What Things You Must Know About The Employment Laws In India?

The employer-employee relationship is a sensitive one. It consists of various rights and duties of both the employees and the employers. In India, since there are a lot of workers in the unorganised sector, which is away from governmental control, there was a need to enact laws to protect the interests of employees of organisations.

To address and sort these concerns, the government of India introduced various laws governing different issues such as working conditions, maternity leave, insurance, gratuity, wage hours, laying off, etc.

[poshadvo]

Posh law firm in India

[seemabhatnagar]

"Supreme Court Reinstates Employee After Withdrawal of Resignation before Acceptance: Equitable Justice Restored"

The Supreme Court allowed the appeal, set aside the Judgement of the Division Bench of the High Court of Karnataka, and reinstated the appellant - S D Manohara into service.

Moreover, the Respondent was directed to give the appellant 50% of his salary from 01.07.2014 (when he was relieved) to the date of reinstatement.

The Court added that this period will also be counted for pensionary benefits.

S D Manohara v. Konkan Railway Corporation Ltd. & Others

SLP 15788/2021

Before the Supreme Court of India

Heard by Hon'ble Mr. Justice P S Narasimha J & Hon'ble Mr. Justice Pankaj Mithal J

Background

The appellant, S.D. Manohara tendered his resignation on 05.12.2013 after 13 years of service with the Konkan Railway Corporation. After resigning the appellant attempted to withdraw his resignation on 26.05.2014.

The respondent claimed the resignation had already been accepted on 15.04.2014, effective from 07.04.2014, and rejected the appellant’s withdrawal request on 23.06.2014. The appellant was formally relieved from service on 01.07.2014.

The appellant challenged this through a Writ Petition before the Karnataka High Court, where the Single Judge allowed his petition. Still, the Division Bench overturned the decision of the Single Judge.

Legal Issue

Whether the appellant withdrew his resignation before its acceptance by the respondent, making his dismissal invalid.

Arguments of the parties

Appellant's Argument

The resignation was not accepted before the appellant withdrew it. The communication of acceptance dated 15.04.2014 was an internal document and was not conveyed to the Appellant.

The appellant relied on his continued service and correspondence, including letters from his wife and his report for duty on 19.05.2014, as proof that his resignation had not been finalized.

Respondent's Argument

The resignation was accepted on 15.04.2014, effective from 07.04.2014, and the withdrawal of resignation on 26.05.2014 was after its acceptance.

Therefore, the withdrawal is invalid, and the appellant was rightly relieved on 01.07.2014.

Court's Observation

The resignation acceptance letter dated 15.04.2014 was an internal communication that had not been served on the appellant.

There was no conclusive evidence that the resignation was accepted before the appellant attempted to withdraw it.

The appellant’s continued correspondence and reporting to duty supported the conclusion that the resignation had not been finalized.

Resignation can be withdrawn before its acceptance.

There was no finality to the resignation as evidenced by ongoing communications between the parties.

Seema Bhatnagar

[rassociates1]

Mastering the Indian Business Landscape

Mastering the Indian Business Landscape: Legal Tips for Setting Up Abroad. Uncover valuable insights into the legal aspects of expanding your business into the Indian market, ensuring a smooth and compliant entry. For more information- https://writeupcafe.com/mastering-the-indian-business-landscape-legal-tips-for-setting-up-abroad

[legalstudiesin1]

Labor Laws in India: Protecting Employee Rights, Contracts, and Dispute Resolution

Introduction Labor laws in India are a set of legal provisions designed to protect the rights and welfare of employees. These laws govern various aspects of employment, including working conditions, wages, benefits, dispute resolution, and more. The objective of labor laws is to ensure fair treatment, social security, and a safe working environment for workers across different sectors and…

[letters-to-lgbt-kids]

My dear lgbt+ kids,

Here are some good things that happened in 2022!

January:

Canada bans conversion therapy

Greece allows gay men to donate blood (for the first time in 45 years!)

Israel legalizes surrogacy for gay couples

People in Switzerland are now able to legally change their gender without having to undergo surgery first

February:

New Zealand bans conversion therapy

Nonbinary people in Columbia are now entitled to a birth certificate with a "nonbinary" sex marker

Nayarit (Mexico) allows same-sex couples to adopt

Kuwait overrules a law that has been used to criminalize transgender people

Jowelle de Souza makes history as the first openly transgender parliamentarian in the Caribbean (Trinidad and Tobago)

March:

Chile legalizes same-sex marriage

 France removes the deferral period for gay men donating blood

The United States announces an overhaul of TSA protocols to implement gender-neutral screening at checkpoints

Wales (United Kingdom) bans conversion therapy

Kristin Crowley makes history as the first openly gay (and the first female) chief of the Los Angeles Fire Department (United States)

Diana Zurco makes history as Argentina’s first openly transgender newscaster

April:

Santa Catarina (Brazil) now allows nonbinary people to change their gender marker without having to file a lawsuit

Jalisco (Mexico) bans conversion therapy

The United States issues the first passport with a nonbinary gender 'X' option

May:

Greece bans conversion therapy

Lithuania allows gay men to donate blood

Croatia allows same-sex couples to adopt

Austria removes the deferral period for gay men donating blood

June:

Hidalgo (Mexico) now punishes people offering conversion therapy with up to 3 years in prison

Quebec (Canada) allows people to be classified as a parent (rather than a mother or father) on their child's birth certificate

North Carolina (United States) no longer demands proof of surgery from people who wish to change their gender marker

Spain prohibits employment discrimination on the basis of sexual orientation, gender identity or HIV status

Kamala Harris made history by hosting the first Pride Month reception by a sitting vice president at their residence (United States)

July:

Switzerland legalizes same-sex marriage

Antigua and Barbuda legalize "same-sex behavior"

Andorra decides to legalize same-sex marriage (the law will come into effect in 2023)

Slovenia legalizes both same-sex marriage and adoption

Ariana DeBose makes history as the first queer woman of color (and the first Afro-Latina) to win an Oscar for acting (United States)

August:

India expands the definition of family to include "queer relationships"

Chile equalizes the age of consent

In Saint Kitts and Nevis, same-sex activity is no longer illegal.

Vietnam declares that homosexuality is not a disease and bans conversion therapy

Ellia Green makes history as the first Olympian to come out as a trans man (Australia)

September:

In India, the State Medical Councils can now take disciplinary action against doctors who provide conversion therapy

Cuba legalizes both same-sex marriage and adoption

 Durango (Mexico) legalize same-sex marriage

Canada removes the deferral period for gay men donating blood

Kim Petras and Sam Smith make history as the first openly transgender woman and the first openly nonbinary person to reach number one on the Billboard Hot 100 (United States)

October:

Latvia allows civil unions for same-sex couples 

Paraguay bans conversion therapy

Byron Perkins makes history as the first out football player at HBCU (United States)

Duda Salabert and Erika Hilton make history as the first two openly transgender people elected to the National Congress of Brazil

November:

Singapore decriminalizes gay sex

Singapore also lifts censorship of lgbt+ media

Hidalgo becomes the first state in Mexico to recognize nonbinary people

Ireland removes the deferral period for gay men donating blood

December:

 Barbados legalizes "same-sex acts"

Here is to more good news in 2023!

With all my love,

Your Tumblr Dad

[am-i-the-asshole-official]

WIBTA if i (19) told my mom (54) not to travel to learn to become a yoga instructor?

my family is fairly wealthy. not crazy levels, but my parents own their home, lease a small cabin, and we go on a family vacation (as in plane tickets) once a year. my mom is one of the top employment lawyers in our area and my dad is a public school teacher. she was the first person in her family to go to university.

both my parents have been doing yoga on and off for at least a decade at this point, and my mom decided she wants to do training to become a yoga instructor on top of practicing law. i thought, that's great! something to help her manage her stress and keep her motivated to exercise!

turns out, she wants to travel and do a four week program in india, bali, or thailand. we live in canada. my mother is white and british. i don't think this is a great look. when she first told me, i said something along the lines of "oh... how colonial of you" but i think she thought i was kidding.

i've been considering telling her that i don't really approve of this and asking her to instead donate the money she would have spent on the journey to a palestine relief fund or something, and do the training locally.

this is where the real potential assholery comes in: in january to may this year, i spent about 9000 dollars on a mental-breakdown-inspired trip to france, which i paid for myself after working full-time in a warehouse for several months. i might be an asshole, and i might be a hypocrite. i don't know.

What are these acronyms?

[kanchankhatanaa]

Practitioner Program in Employment/Labour Law (India)

Scope OF Program

This Training integrates Labour Laws& Key stages of employee life cycle. Thereby, enabling the participants to gain Practical Knowledge, Best practices and avoid risks that can lead to employee litigation or heavy penalties from Labor Department.

Who Should Attend

HR Professionals Business Leaders Business Owners / Start -up Founders Student's aiming for corporate roles in HR or Legal

Program Fee 1500 INR *

Special discount for Students & Academician. Kindly share your id and avail discount.

How To Enroll Step 1:WhatsApp us on 9958484845 your Name, Email id, Primary Contact number

Step 2:Our Team will share with you QR Code for you to pay the program fee and link to join the webinar

Trainer Profile

The Trailing shabby conducted by ISO and Adv. Kanchan Khatana an HR Expert and Practicing Employment A lawyer with over 20 years of work experience.

Program Covers Labour Laws related aspects to

Talent Acquisition and Onboarding

Working Conditions & Aspects of Talent Management

Compensation, Benefits and Social Security

Disputes Management including Non-Performance and Disciplinary Management

Merger, Acquisition and Integration

POSH Act 2013

LQBTQ & Labour Laws

Legal Aspects governing Employee Termination

High-Level Overview on the Four New Labor Code expected in coming months.

[npzlawyersforimmigration]

Navigating US Visa Options Medical Treatment: Insights with US Immigration and Nationality Lawyer David Nachman, Esq.

https://youtu.be/TOidBVM7o7g

#B1visa #B2visa #medicalvisa #medicaltreatment #visa #immigrationlaw #immigrationlawyer #immigration

[coochiequeens]

After stories like this break I always hope it will lead to those supporting surrogacy to agree that there needs to needs to be more regulations.

IVF Centers in Delhi NCR: CBI Uncovers Child Trafficking and Fake Doctors in Fertility Clinics

CBI investigation reveals alarming illegal activities in Delhi NCR fertility clinics, including child trafficking, illegal surrogacy, and employment of unqualified practitioners. The probe exposes violations of the Surrogacy Regulation Act 2021 and links to organized crime. This shocking revelation raises urgent questions about regulation and patient safety in the fertility industry, prompting calls for immediate reform and stricter oversight.

Posted byby Ajay Gupta Political journalistAugust 3, 2024

NEW DELHI, August 3, 2024 – A recent investigation by the Central Bureau of Investigation (CBI) has unveiled a disturbing network of illegal activities within In Vitro Fertilization (IVF) centers across Delhi NCR, sending shockwaves through the fertility industry and raising urgent questions about regulation and oversight.

IVF Centers in Delhi NCR Key Findings

Numerous IVF centers Delhi NCR implicated in child trafficking schemes

Surrogate mothers exploited in violation of the Surrogacy (Regulation) Act, 2021

Organized syndicates linked to organ trade and forced begging identified

Fake medical credentials and forged adoption documents discovered

The Investigation Unfolds IVF centers Delhi NCR

The CBI’s probe, which began as an inquiry into a single child trafficking incident, quickly ballooned into a comprehensive examination of the fertility industry in the National Capital Region. Investigators uncovered a complex web of illegal activities, with some IVF centers serving as hubs for various criminal enterprises.

“What we’ve found is deeply troubling,” said CBI spokesperson Rajesh Kumar. “These centers, which should be helping families, have instead become conduits for exploitation and trafficking.”

A Pattern of Abuse Illegal IVF centers

The investigation revealed multiple schemes operating under the guise of legitimate fertility services:

Baby Trafficking: Newborns purchased from surrogate mothers were sold to childless couples or, more alarmingly, to criminal networks.

Illegal Surrogacy: Despite the ban on commercial surrogacy, many centers continued to offer paid surrogacy services, exploiting economically vulnerable women.

Document Forgery: Staff at several clinics were found creating false adoption papers and medical records.

Unqualified Practitioners: Some centers employed individuals with fake medical degrees, putting patients at severe risk.

Legal Framework and Violations

The Surrogacy (Regulation) Act, 2021, explicitly prohibits commercial surrogacy in India, allowing only altruistic arrangements. However, the CBI’s findings indicate widespread disregard for these regulations.

“The law is clear,” explained Dr. Shalini Mishra, a legal expert in reproductive rights.

“Surrogacy can only be altruistic, with no financial compensation beyond medical expenses. What we’re seeing here is a blatant violation of both the letter and spirit of the law.”

The Greater Noida Gang

In April 2022, authorities arrested a gang operating out of an IVF center in Greater Noida. The group, which included two female employees of the clinic, lured prospective parents with promises of baby boys, a practice strictly forbidden under Indian law.

The Fake Doctor Incident

September 2022 saw the arrest of an IVF clinic owner following the death of a woman during a procedure. Subsequent investigation revealed the owner’s medical degree was fraudulent.

The Egg Donor Mastermind

A 2021 case involved the rescue of a two-year-old child from a trafficking ring. The operation’s leader was discovered to be an egg donor with connections to multiple hospitals in the region.

Implications IVF Centers in Delhi NCR

The scale of illegal activities uncovered by the CBI raises serious concerns about the oversight of fertility clinics in India.

Dr. Amit Banerjee, a reproductive health specialist, warns of far-reaching consequences:

“This isn’t just about illegal adoptions or surrogacy. We’re talking about potential links to organ trafficking, forced labor, and other forms of exploitation. The ramifications for public health and safety are enormous.”

As the investigation continues, calls for reform are growing louder. Experts suggest several key steps:

Enhanced Monitoring: Implement more frequent and rigorous inspections of IVF centers.

Stricter Licensing: Tighten requirements for operating fertility clinics.

Patient Education: Launch public awareness campaigns about legal surrogacy and adoption processes.

Inter-Agency Cooperation: Improve coordination between health authorities, law enforcement, and child welfare organizations.

The CBI’s investigation into illegal IVF centers in Delhi NCR has exposed a dark underbelly of the fertility industry, highlighting urgent needs for reform and vigilance. As authorities work to dismantle these criminal networks, the challenge remains to ensure that legitimate fertility services can operate safely and ethically, providing hope to families while protecting the vulnerable from exploitation.

For the latest updates on this developing story, visit the CBI’s official website or follow our continuing coverage.

[poshadvo]

The Digital Revolution in POSH Compliance: Leveraging Technology for Safer Workplaces.

As India continues to grapple with the implementation of the Prevention of Sexual Harassment (POSH) Act of 2013, technology has emerged as a powerful ally in the fight against workplace harassment. The integration of digital platforms into POSH compliance strategies is revolutionizing how organizations approach complaint filing, employee training, and awareness programs. This article explores the growing role of technology in POSH compliance and its impact on creating safer, more respectful work environments. The Need for Technological Solutions The traditional approach to POSH compliance often involves manual processes, face-to-face training sessions, and paper-based complaint mechanisms. However, these methods have several limitations:

Lack of confidentiality in complaint filing

Inconsistent training quality across different locations

Difficulty in tracking and managing complaints

Limited reach of awareness programs

Challenges in data collection and analysis for policy improvement Technology offers solutions to these challenges, providing more efficient, accessible, and effective ways to implement POSH guidelines. Key Areas of Technological Integration

Digital Complaint Filing Systems Online platforms and mobile apps for complaint filing have become increasingly prevalent. These systems offer several advantages: • Anonymity and Confidentiality: Digital platforms can better protect the identity of complainants. • Accessibility: Complaints can be filed 24/7 from any location. • Streamlined Process: Automated systems guide users through the complaint filing process. • Efficient Tracking: Both complainants and committee members can easily track the status of complaints. Case Study: TechSafe Solutions TechSafe, a Bangalore-based IT company, implemented a blockchain-based complaint filing system in 2022. The system ensures complete anonymity and immutability of records. Within six months of implementation, the company reported a 30% increase in reported incidents, attributed to increased trust in the system's confidentiality.

E-Learning and Virtual Training Programs Digital training modules have transformed how organizations conduct POSH awareness and education programs: • Consistency: Standardized content ensures all employees receive the same quality of training. • Flexibility: Employees can complete training at their own pace and convenience. • Interactive Learning: Multimedia elements and interactive scenarios enhance engagement and retention. • Easy Updates: Content can be quickly updated to reflect changes in laws or company policies. • Tracking and Compliance: Automated systems can track completion rates and send reminders. Case Study: MultiCorp India MultiCorp, a multinational with offices across India, switched to a virtual reality (VR) based POSH training program in 2023. The immersive scenarios helped employees better understand and identify harassment situations. Post-implementation surveys showed a 40% improvement in employee understanding of POSH policies compared to traditional training methods.

Awareness Campaigns through Digital Channels Technology has expanded the reach and impact of POSH awareness programs: • Social Media Campaigns: Platforms like LinkedIn and Twitter are used to share information and spark discussions. • Internal Communication Tools: Company intranets and collaboration platforms disseminate POSH-related content. • Microlearning: Short, frequent digital reminders reinforce key POSH concepts. • Gamification: Quiz apps and online contests increase engagement with POSH topics.

Data Analytics for Policy Improvement Advanced analytics tools are helping organizations gain insights from POSH-related data: • Trend Analysis: Identifying patterns in reported incidents to proactively address issues. • Effectiveness Measurement: Evaluating the impact of training and awareness programs. • Risk Assessment: Predicting potential hotspots for harassment based on various factors. • Compliance Tracking: Monitoring organization-wide compliance with POSH requirements. Challenges and Considerations While technology offers numerous benefits, its implementation in POSH compliance is not without challenges:

Digital Divide: Ensuring access and usability for all employees, regardless of tech-savviness.

Data Privacy: Protecting sensitive information related to complaints and investigations.

Over-reliance on Technology: Balancing digital solutions with necessary human intervention and empathy.

Cost of Implementation: Managing the initial investment required for advanced technological solutions.

Adapting to Rapid Technological Changes: Keeping systems updated with evolving technology and cybersecurity threats. Best Practices for Technological Integration in POSH Compliance

Holistic Approach: Combine technology with traditional methods for a comprehensive POSH strategy.

User-Centric Design: Ensure all digital tools are intuitive and accessible to all employees.

Continuous Improvement: Regularly update and refine digital systems based on user feedback and new developments.

Training for Technology Use: Provide adequate training to employees on how to use POSH-related digital tools.

Maintaining the Human Element: Use technology to support, not replace, human judgment and empathy in handling sensitive cases. The Future of Technology in POSH Compliance As technology continues to evolve, we can expect to see:

AI-powered Chatbots: For initial complaint intake and providing immediate resources to complainants.

Augmented Reality (AR) Training: Creating more realistic and impactful training scenarios.

Blockchain for Record-Keeping: Ensuring tamper-proof documentation of complaints and investigations.

Predictive Analytics: Using AI to identify potential harassment risks before they escalate.

Integration with HR Systems: Seamless connection of POSH compliance with broader HR processes and employee data. Conclusion The integration of technology in POSH compliance represents a significant step forward in creating safer, more respectful workplaces. By leveraging digital platforms for complaint filing, training, and awareness, organizations can enhance the effectiveness of their POSH initiatives while also creating a culture of transparency and accountability. However, it's crucial to remember that technology is a tool, not a panacea. The success of POSH compliance ultimately depends on an organization's commitment to fostering a culture of respect, dignity, and zero tolerance for harassment. Technology, when implemented thoughtfully and in conjunction with strong policies and human oversight, can be a powerful catalyst in achieving this goal. As we move forward, the challenge lies in harnessing the potential of technology while ensuring that the human elements of empathy, understanding, and justice remain at the core of POSH compliance efforts.

[mariacallous]

Indian Prime Minister Narendra Modi inaugurated the Ram temple in Ayodhya in the key northern state of Uttar Pradesh in January in hopes it would earn him a massive victory in the national election that concluded in June. That didn’t happen—at least not to the extent that Modi, his Hindu-nationalist Bharatiya Janata Party (BJP), and their ideological fountainhead Rashtriya Swayamsevak Sangh (RSS) expected.

In what has widely been described as a shock result, the BJP won merely 240 seats in the 543-seat parliament, after setting a target of 400 seats. Modi has formed a government but only with support from other parties.

Like any election result, the outcome had multiple causes that will take time to fully sort out. But one thing is already clear: Modi failed in his long-running bid to homogenize India’s Hindus across castes and cultures and consolidate their vote for his political benefit.

In 2014, Modi came to power on the back of religious nationalism and security issues, and he continued that trend in 2019. This year, in the absence of any urgent security threat from regional rival Pakistan and rising concerns over unemployment, inflation, and authoritarianism, Modi banked on the RSS’s homogenization strategy.

The Ram temple was built on a site long disputed with Muslims, where a 16th-century mosque stood until December 1992, when a group of Hindu nationalists razed it to the ground allegedly on the BJP’s provocation. Experts said the BJP had envisaged the temple would instill pride in Hindus, feed their Muslim animosity, and bring them under the Hindu umbrella to choose Modi.

Even though, by and large, the Hindu community seemed to have been pleased with the inauguration of the temple, that didn’t translate into votes for Modi across the Hindu hierarchy. Instead, the results exposed the weaknesses of the homogenization exercise.

Hartosh Singh Bal, an Indian journalist and the executive editor of the Caravan, said there is “diversity in Hinduism” and the election results prove that it can’t be “papered over by directing attention and hatred outwards” toward Muslims. This election proves that “Hindus are not a monolith” and that “various segments of Hinduism have a successful chance of taking on the BJP,” he added in reference to tactical voting by lower castes in Uttar Pradesh against the BJP.

Karthick Ram Manoharan, a political scientist at the National Law School of India University in Bengaluru, said that in Tamil Nadu, a state in southern India with the second-biggest economy in the country, the BJP did not win a single seat out of a total of 39.

“Hindus are the absolute majority in Tamil Nadu, but they still mostly vote for the secular Dravidian parties,” Manoharan said in reference to local parties that have emerged out of social movements opposed to an upper-caste Hindu order that the BJP and RSS have been long accused of nurturing and propagating.

In March, just a month before voting began, I witnessed saffron-colored flags expressing support for Modi’s party jutting out from rooftops and windows in tightly packed homes in western Uttar Pradesh. Some people I spoke to said that BJP workers had decided to adorn the neighborhoods as they pleased, but underneath the flag-waving, a large-scale discontent was brewing over a lack of employment opportunities.

The upper-caste youth seemed confused, if not yet disenchanted, with Modi and in the absence of industry and strong local economies once again mourned the loss of government jobs to affirmative action. (The Indian Constitution reserves almost half of all state jobs for people from lower castes and others who confront a generational disadvantage and historical discrimination.)

Meanwhile, Dalits, who sit at the bottom of India’s Hindu hierarchy, in hamlets nearby who depend on the quota for their dignity and livelihood were quietly recalibrating their options. The mood was starkly different from 2014 and 2019 when I visited some of the Dalit-dominated parliamentary seats in Uttar Pradesh. Back then, Dalits I met were upbeat and decisively pro-Modi. They said they supported him since they believed that he might raise their stature in the Hindu hierarchy.

But 10 years later, they suspected the BJP was plotting to weaken the constitution, the only assurance of rights for marginalized communities in a country where upper-caste Hindus continue to hold social capital and economic power.

Recent comments by BJP leaders that if Modi won 400 seats, he would change the constitution spread anxiety among lower castes that the party intended to scrap the reservation system. The BJP repeatedly denied this, but the suspicion that it is first a party for upper-caste Hindus is deep-rooted among lower castes, and experts believe the comments were part of the BJP’s political strategy.

“They were testing the waters to see what would be the reaction,” said Sushil Kumar Pandey, an assistant professor of history at Babasaheb Bhimrao Ambedkar University in Lucknow and the author of Caste and Politics in Democracy.

“The opposition picked it up and campaigned on it, telling people a change in the constitution could mean losing your livelihood, your jobs,” Pandey added. “That worked at a time [when] people were also scared of privatization” and in government-run sectors.

For Dalits, it was about more than jobs. The Indian Constitution is nearly worshipped by the community and celebrated en masse on the birth anniversary of the Indian intellectual who wrote it. B.R. Ambedkar was no fan of Ram and advocated against the caste discrimination inherent in Hinduism all his life, even converting to Buddhism when he felt there was no escaping caste-based prejudice. While he couldn’t annihilate the caste system, he ensured that the constitution offered lower castes a quota in government jobs to gradually uplift them.

In his honor, and as an ode to the progressive document, Dalits sing songs in praise of the constitution and hail it as the upholder of their dignity in a society where they continue to be belittled. Any change to the text was unacceptable. “Their cultural identity is linked to this book,” said Ravish Kumar, a journalist and the host of a popular YouTube news show.

In the south, too, there was a fear of culturally being subsumed by a Hindi-speaking upper-caste elite. Indian federal units, or states, were defined in the 1950s on the basis of language, and to this day south Indians identify themselves on the basis of the language they speak. The Ram temple had no resonance in the southern states, particularly in electorally significant Tamil Nadu, with the highest number of seats regionally. Tamils were wary that the RSS’s homogenization agenda would drown out their cultural ethos and impose a secondary status on the Tamil language.

Manoharan, the political scientist, said that in Tamil Nadu, it was “not so much religious but fear of cultural homogeneity” and “a language policy which will give importance to Hindi speakers over Tamil speakers and upper-caste Tamils over other backward castes.”

In a state where “88 percent people come from so-called lower castes” and “69 percent have jobs under affirmative action through a special act,” people were also extremely worried that the BJP may “water down” the employment quota promised in the constitution, Manoharan added.

The southern Indian states have a longer history of resistance to upper-caste domination, a higher literacy rate, better economies, and a tradition of secular politics. While the BJP maintained its tally of 29 seats from the last election, it is being seen as a poor result considering the inroads the RSS has made in the south.

For instance, in the southwestern state of Kerala, the RSS has more than 5,000 shakhas, or branches, second in number only to Uttar Pradesh, India’s most populous state—yet “despite the fact that the RSS has thousands of training grounds in Kerala, they are unable to get influence,” said K.M. Sajad Ibrahim, a professor of political science at University of Kerala. “That’s because while religion is important, communal harmony is more important to people here. BJP tries to create tensions, and that doesn’t work here.”

The BJP managed to gain one seat for the first time in Kerala, but that isn’t being attributed to its ideological success or expansion of homogenization project but to the winning candidate’s personal appeal. Suresh Gopi, the winning candidate, is a popular movie star.

In many states in the Hindi belt and even in the south, the BJP did well. The upper castes and urban voters are standing firmly behind Modi. Kumar, the journalist, said it would be foolhardy to dismiss Modi—and the bigger Hindutva, or Hindu nationalist, forces backing him—just yet. He said Hindutva hasn’t lost and only faced a setback. “The BJP was trying to dominate caste politics with Hindutva,” he said, “but the election result shows that dominance has cracked.” However, he added, “it has only cracked—the ideology still has wide-scale acceptance.”

Everyone else Foreign Policy spoke to concurred but added that Hindus are far too diverse to be homogenized. Manoharan said the results exposed the weakness of the homogenization agenda and its faulty premise. “Hindutva’s aim for homogeneity is confounded precisely by a structural feature of the religion-culture it seeks to defend—caste,” he said.

[newspatron]

Reservation in India: A Critical Analysis

read this article that provides a comprehensive and critical analysis of reservation system in India from various angles. You will also get some useful information and insights on this important and relevant topic.

By – editor@newspatron.comReservation System in India: A Historical PerspectiveThe Origin and Evolution of Reservation in IndiaReservation System in India: A Global ComparisonThe Rationale and Objectives of Reservation in IndiaThe Benefits and Drawbacks of Reservation in IndiaThe Challenges and Alternatives of Reservation in IndiaThe Future and Prospects of Reservation in IndiaThe Past, A…