In Helen Cixous’ essay, ‘The Laugh of Medusa’, she urges women to redefine what their body means to them, not just physically but also socially, emotionally and politically. This could happen by re-writing about your body in a way you deem fit, the expression you identify with and separating it from how your body has been written about by men. The expression could be how you view your body separate from the patriarchal lense.
It is no secret that a woman’s body is subject to critique. While clothing for men is just a tool to cover themselves as per the surrounding environment, clothing for women isa social and political narrative that dictates their life or as we affectionately call it ‘culturally appropriate’.
The clothing style could vary. It could be a woman covered head to toe in a Burqa, it could be a woman who decides to wear sports-wear in a park or it could be jeans and a top. Everything is critically evaluated by men and by women who work towards protecting the male gaze.
The male gaze is a heterosexual way of looking at female bodies that sexualises these bodies into an object. It is a gaze that runs on the self-affirmative notion that the bodies of women, and what they do with it, is directly linked to how they appear in front of a man.
In a recent incident in Bangalore, India, popular Indian actress Samyuktha Hegde was abused and threatened by senior political leader of the congress party, Kavitha Reddy, for wearing sports-wear, in Bangalore’s Agara Lake park. She was exercising with her friend.
Kavitha Reddy initially claimed she was in indecent attire and went onto morally police and then later abused the actress and her friend. A supposedly progressive political leader gets uncomfortable by what women are wearing. It breaks into an argument and a fight where the politician is supported by five to six men. Later on, the police appear to be appeasing the politician instead of the women who were harassed. Although she did apologise, her apology came after her video went viral, and as a protection for her own political reputation.
To look at Samyuktha Hegde’s clothing as a threat is to view her clothing as an act of obscenity therefore bullying her identity and sense of agency and reducing her to sexual object, who, by putting her in public, apparently gives the men present a right to look at her? Nevermind that she was there to workout like everyone else, her actions were confused as to how men look at her. In the video posted by the actress, the politician is surrounded by men who are championing her on. The politician choses to side with the patriarchal figures in shaming these women. Asking to protect from the male gaze is a far stretch but punishing women for the male gaze is where we should draw a line.
What roles does Kavitha Reddy play? She is the guardian of the male gaze. We find her in our mothers, in our grandmothers, in aunties and sometimes our friends. She understands a woman’s body as an object that is there to be looked at by men. She gets angry at women for wearing certain kinds of clothing but she is not angry at men for looking. The agency in this case always belongs to men.
When Cixous asks women to re-define their identity, she urges us to strangle the moral police that comes alive in such instances. It is the moral police that shames women for wearing clothes that don’t flatter their bodies or clothes that do flatter them. She urges us to reflect upon the source of such vigilance. Do we shame other women because we believe in what we are saying or our identity is partially (or wholly) shaped by the male gaze?
Whether we chose to wear a burqa, or a dress, or variations of the new type clothing produced everyday, the crux of the matter is that it should not worry anyone apart from the one wearing it. The identity of a woman, sexual or otherwise, has to be redefined to be separated from the men and their gaze. We have to draw a line otherwise people in power will continue to abuse their power and preserve patriarchy and male gaze.
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Are India's Antitrust laws effective at controlling monopolies?
On 15th of July 2020, Reliance Industries Ltd (RIL) held its annual general meeting of the shareholders. The chairman and managing director Mukesh Ambani, announced that global tech giant Google would be investing $4.5 billion in Jio Platforms. Facebook also has acquired a 9.99% stake in Jio Platforms. This is the first time in the world that both the global tech giants have invested in the same entity. These investments have boosted the confidence for Jio Platforms and also for India’s growth but there have been questions and speculations about the potential anti-competitive makeup of these deals.
The objective of this article is to explore the interpretation and the effectuality of Antitrust laws in India.
Anti-competitive practices are those business practices which firms engage in to emerge as the or one of the few dominant firms, who will then be able to restrict inter firm competition in the industry in a bid to preserve their dominant status. The Collins English dictionary defines antitrust laws as those laws that are intended to stop large firms taking over their competitors by fixing prices with their competitors, or interfering with free competition in any way. These laws focus on protecting consumer interests and promoting a competitive market. The word ‘Antitrust’ is derived from the word ‘trust’. A trust was an agreement by which stakeholders in several companies transferred their shares to a single set of trustees.
In present-day India, talking about market dominance Reliance Industries Ltd (RIL), resembles American company—John D Rockefeller's Standard Oil Company—of the early 20th century. Mukesh Ambani holds the highest ability to influence markets and policy in every sector in which RIL is present—petrochemicals, oil, telecom, and retail. Many industry experts and critics suggest that Ambani has used his political clout to twist the regulatory framework in his favor.
Gautam Adani, founder of Adani Group | Source: Twitter
Furthermore, economic power in aviation infrastructure is clustering into a few hands as well. In 2019, the Adani Group bagged the 50-year concession to operate all the six Airports Authority of India-operated airports—Lucknow, Jaipur, Guwahati, Ahmedabad, Trivandrum, and Mangaluru—which were put up for auction. The company also obtained a controlling stake in ‘The Chhatrapati Shivaji Maharaj International Airport, Mumbai’ from GVK Airports. Moreover, Adani Group is now set to construct the Navi Mumbai International Airport. The group is now eyeing Indian Railways while they have already established an alarming monopoly in green energy and sea ports. While Airports are natural monopolies, one private company controlling more than 8 important airports is not good news to airlines.
India has established antitrust laws to promote competition. For 40 years, India followed the Monopolies and Restrictive Trade Practices Act 1969 (MRTP). This act was based on principles of import substitution and a command-and-control economy. However, over time several amendments had to be made to the act. In 2002, the Indian approved a new comprehensive competition legislation. This is called the Competition Act 2002. The act focused on regulating business practices in order to prevent practices having an appreciable adverse effect on competition (AAEC) in India. The act primarily regulates three types of conduct: anti-competitive agreements (vertical and horizontal agreements), abuse of a dominant position, and combinations such as mergers and acquisitions. The act lists out the cartel agreements that it intends to prevent. This list includes price-fixing agreements, agreements between competitors seeking to limit or control production, market-sharing agreements between competitors and bid-rigging agreements. These agreements are called “cartel” arrangements.
The competition Act is enacted by the Competition Commission of India (CCI), which is exclusively responsible for the administration and enforcement of the Act. It comprises a team of 2 to 6 people appointed by the government of India. The CCI has previously handled high-profile cases. In 2018, CCI imposed a fine of Rs135.86 crore on Google on the grounds that Google misused its dominant position and powers to create a search bias. In another important case, the CCI, ordered a probe into Idea, Vodafone and Airtel when Reliance Jio owner Mukesh Ambani lodged a complaint against the three for forming a cartel and denying Jio the POI required for network connection, causing multiple call failures. The Cellular Operator Association of India was also probed for encouraging the same.
In some cases, the Competition Commission has been successful in tackling activities that are against the free competitive market. However, critics and economists believe that the act is now unable to adapt to the changing business environment in e-commerce, telecom, technology and the government’s role in distorting competition. Demonetization and GST drove the formalization of the economy. One consequence of them was that bigger, better organized players gained at the cost of smaller ones with lesser resources. The Insolvency and Bankruptcy Code (IBC) was designed to solve the problem of non-performing assets (NPAs) of banks. But consequentially, it has also led to a consolidation in many sectors.
However, CCI has expressed inability to consistently adjudicate punitive measures due to obligation in several cases. This points to the loopholes in the very provisions of the Competition Act 2002. In an Economic and Political Weekly (EPW) article, Aditya Bhattacharjea—an Economist—argues that even though the 2002 Act represents an improvement from the MRTP Act which was extremely restrictive, the present act also remains riddled with loopholes and ambiguities. According to Bhattacharjea, this creates unnecessary legal uncertainty, which acts in advantage of lawyers and law firms. For instance, the act allows the CCI to leave some scope of flexibility for “relative advantage, by way of contribution to the economic development.” Bhattacharjea argues that this may allow large firms to justify their anti-competitive practices in the name of development.
Mark Zuckerberg and Mukesh Ambani having online interaction after Facebook invested in Jio Platforms | Source: NDTV
Data portability plays a significant role in determining market power of certain firms. In 2017, the CCI closed cases against both WhatsApp and Jio involving allegations of predatory pricing and privacy violations. In both these decisions, the regulator did not consider the restrictions around data portability as a competitive advantage. The possible data leveraging advantage for the attempted monopolization could be the ‘portfolio effect’. Portfolio effect refers to increasing the range of brands, by bundling of telecom or messaging service and other service offerings or illegal vertical restraints, even predatory pricing. This in turn may lead to greater ability of further leveraging, deterring innovation and results in degradation of quality. Another possible advantage is explained as the theory of leveraging. The best example of leveraging is when Microsoft entered the media-player market by extending its quasi-monopoly on the operating systems market by taking advantage of the indirect network effects. In case of Facebook acquiring 10% of Jio’s shares, it is a concern that both entities could potentially use WhatsApp’s market dominance in telecom and social networking services and establish dominance in e-commerce market through anticompetitive acts.
There was a consensus among Indian policymakers at the time of the 1991 economic reforms that economic liberalization would eliminate the nexus between the business elites and the policymakers. On the contrary, the relationship between these two groups got further strengthened.
On the other hand, few critics and industrialists argue that extreme restrictions on growing companies hampers the progressive growth of the national economy. While RIL’s Jio looks like a cause for concern, the company has also saved Rs. 60,000 crores for annual savings in India. In addition to that, the entry of Jio to the telecom industry has led to a rise in data consumption and improved accessibility and affordability of the internet across the nation.
However, the concern still lingers as the question of whether this growth is a result of actual innovation or crony capitalism remains unsolved.
However, the fact that telecom, organized retail, ports and airports have two or three players controlling the bulk of the sector needs to be addressed. A healthy competition is quintessential for long-term growth and innovation. Harmful trade practices and cartelization does not only affect small manufacturers but also the general public.
The government, CCI and other lawmakers must closely examine the present laws and provisions and need to see if they are required to amend the act.
