Saturday, August 8, 2020

The State of California v/s Cisco: America’s first lawsuit against the Caste System

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Nishitha Mandava

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The State of California v/s Cisco: America’s first lawsuit against the Caste System

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Global Views 360

Publication Date

August 8, 2020

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Cisco Headquarter, California, USA

Cisco Headquarter, California, USA | Source: Travis Wise via Flickr

On June 30th, 2020, the U.S state of California filed a lawsuit against the tech company Cisco for discriminating against an Indian-American engineer based on caste. It was filed against the company's San Jose headquarters campus, which has a workforce predominantly of South-Asian origin.

The lawsuit was filed by the California Department of Fair Employment and Housing for discriminating against the employee on the grounds that he belonged to the population that was once known as the ‘untouchables’ under the caste system of India.

The Indian American employee who preferred to stay anonymous named two employees Sunder Iyer and Ramana Kompella, for harassing and discriminating against him based on caste. The two named employees work as supervisors at Cisco and belong to a high-caste.

The suit says that the engineer was allegedly forced to accept the caste hierarchy in the workplace, and when he refused to do so, they isolated him, decreased his role in the team, and reduced his salary. They even retaliated against him and assigned him to work with deadlines that were impossible to meet.

It is alleged that Iyer told other workers that the employee was Dalit and gained entry into the Indian Institute of Technology through affirmative action. The lawsuit further went on to accuse Cisco of failing to take ‘corrective action’ despite multiple investigations.

The Department of Fair Employment and Housing cited this as the civil rights violation of the engineer under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on race, sex, colour, religion and national origin.

Though the law doesn’t explicitly state discrimination with regards to caste, it does prohibit workplace discrimination that is based on arbitrary factors. Currently, the case is still pending, and Cisco says it intends to ‘defend itself’.

Though this is America’s first case against the caste system, it doesn’t mean it is a new problem, and neither is caste-based discrimination an exclusive issue of Cisco. This issue has been widely prevalent across numerous workspaces in America.

“This is the first civil rights case in the United States where a government entity is suing an American company for failing to protect caste-oppressed employees and their negligence leading to a hostile workplace,” said Thenmozhi Soundararajan, Executive Director of Equality Labs.

Equality Labs is an organisation that seeks to fight against the issue of caste in the United States. The organisation’s survey in 2016 titled ‘Caste in the United States’ found that 67% of Dalits living in America have faced verbal or physical assault at their workspace based on their caste.

The same survey also reports that one in three Dalit students suffered some form of caste-based educational discrimination in the States. Dalit women too face their own set of challenges in workspaces. In addition to facing slurs that are manifested in caste, they are often subjected to sexual harassment in connection to the prevalence of caste-based sexual violence in India.

The lawsuit against workplace discrimination at Cisco has made several Dalit employees across America to come forward and speak up about the harassment they have been subjected to due to their caste. This is why California’s case is especially significant as it sheds light onto the sheer scale of this caste-based discrimination at both the work and educational spaces.

It is a landmark case as it shows that there is a need to include caste in the protected category and enable more such civil rights litigations. It formally recognises the existence of caste elements at work and educational spaces that form the breeding grounds for systematic discrimination, bullying and ostracisation to thrive.

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February 4, 2021 5:17 PM

India’s neighbours drifting towards China: Has PM Modi’s “Neighbourhood First” policy failed?

Back in 2014, when BJP came to power in India under the leadership of Narendra Modi, he invited the heads of government from Nepal, Bangladesh, Pakistan, Afghanistan, the Maldives, Bhutan, and Sri Lanka to his swearing-in ceremony at the Rashtrapati Bhavan.­ The move set the tone nicely for Modi’s “Neighbourhood First” foreign policy and was hailed by experts and critics alike as a positive step towards bolstering regional connectivity and improving cross border relations. Cut to 2020, and the ongoing China-India conflict has exposed plenty of problems for New Delhi regarding its relations with its neighbouring countries, particularly, Pakistan, Bangladesh, Sri Lanka, and Nepal.

In recent days China has increased its investments in Asia and beyond even as India and the West have watched from close quarters. Most of the investments have revolved around Chinese President Xi Jinping’s Belt and Road (BRI) Initiative , which aims to create a Sino-centric global trading network and sphere of influence. The BRI initiative is a matter of concern particularly for India because of the China-Pakistan Economic Corridor (CPEC) that is perhaps the most important project under the BRI initiative.

India has, traditionally, played a dominant role in economic and political matters concerning most of its smaller neighbours. However, with the BRI initiative, China gradually built up its political ties with countries such as Nepal, Sri Lanka, and Pakistan, while India’s relations with these countries have become less cordial in recent years. Nepal, Sri Lanka, and Bangladesh, who were once considered allies to India appear to have tilted in favour of China.

The changing nature of India’s and China's relation with India’s neighbouring countries was evident in the silence of these countries when there was a serious flare-up on the India-China border. It is important to note that every South-Asian nation except Bhutan has signed on to China’s BRI. Bhutan is still following India’s lead in not joining BRI due to its own border dispute with China, for which India’s support is essential.

Nepalese Prime Minister KP Oli with PM Modi | Source: Wikimedia

Nepalese PM KP Oli had called Indian PM Narendra Modi, on 15th August, India’s seventy-third Independence anniversary. A statement by India’s Ministry of External Affairs stated, “‘The leaders expressed mutual solidarity in the context of the efforts being made to minimise the impact of the Covid-19 pandemic in both countries.” However, in June 2020, the Nepalese Armed Police Force fired upon a group of Indian citizens at the India-Nepal border, killing one person and injuring two others. A third Indian who had been detained was released later. The move came in the aftermath of the Nepalese Parliament declaring the Indian territories of Limpiyadhura, Lipulekh and Kalapani as a part of Nepal.

Historically, India and Bangladesh have maintained close ties with each other. Modi’s rise to power in 2014 had no effect as Bangladesh’s PM Sheikh Hasina continued to maintain relations with India. In June 2015, when Modi visited Bangladesh 22 bilateral agreements were signed, including the resolution to a border issue that had existed since 1947 through a successful land boundary agreement (LBA). India also pledged $5 billion worth of investments in Bangladesh. When Sheikh Hasina visited New Delhi in April 2017, a civil nuclear tripartite pact was signed between India, Russia, and Bangladesh. Under the pact India will play an important role in establishing a nuclear power plant in Bangladesh. Even as late as March 2019, Narendra Modi had launched four projects in Bangladesh.

PM Modi, during a meeting with Bangladeshi PM Sheikh Hasina donates the steering wheel of INS Vikrant (R11) to the Bangladesh War Museum | Source: Wikimedia

However, India’s relationship with Bangladesh turned sour post August 2019, when the BJP government implemented the NRC in Assam, a north-eastern Indian state. The process of NRC was meant to identify illegal immigrants from Bangladesh. The 1.9 million people left out in the Assam NRC were a cause of concern for Bangladesh owing to the fear of a sudden influx of people forced out of the Indian state. Bangladesh thus turned to China under its “look East” policy in a bid to reduce its dependence on India. China replaced India to become the top trade partner of Bangladesh in 2015 and has provided assistance to Bangladesh through the BRI via 27 agreements signed on Xi Jinping’s visit to the nation in 2016.

“China is behaving how emerging superpowers generally tend to behave—they try to flex muscles and project power—all of which China is trying to do at the moment," says Happymon Jacob, associate professor of disarmament studies at Jawaharlal Nehru University (JNU). “When that happens, states around that emerging power will either stand up against it (like India) or jump on the bandwagon (like other smaller south Asian countries)."

While China continues to make rapid strides, India is left to wonder as to how to deal with this apparent crisis surrounding its neighbouring countries. Modi’s neighbourhood first policy has certainly failed to deliver the promises it made and relations with most neighbouring countries have worsened over the past six years. New Delhi has missed out on several economic gains that would have strengthened ties with neighbouring countries and thereby would have helped to counter the growing Chinese influence in the region. It remains to be seen as to how India decides to get over this tricky situation and improves its ties with its neighbouring countries.

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