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

Article Title

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 5:07 PM

Most infamous fugitive of Rwanda Genocide captured after 26 year run

After evading justice for almost 26 years, 84-year-old Felicien Kabuga, the infamous co-founder of the Radio Television Libre des Mille Collines (RTLM) and the most-wanted absconder of Rwanda genocide was arrested in Paris on May 16, 2020.

It was Kabuga’s radio station, Radio Rwanda that played the instrumental role in the horrendous events in Rwanda in 1994. The announcers of Radio Rwanda used inflammatory rhetoric against the Tutsi minority, calling them ‘cockroaches’ which had to be terminated so the Hutu majority would emerge as winners.

Over eight hundred thousand Tutsis and moderate Hutus were massacred in 100 days during the genocide in 1994. Kabuga was held accountable for financing militias and importing machetes which were used in killing.

Claver Irakoze, a survivor of the 1994 events, says, “We prayed to die softly and to go to heaven. People were negotiating over how they should be killed - that was the level of trauma”. Beatrice Uwera, another survivor, recalls that the soldiers went from house to house with lists of names of all the Tutsis and slaughtered people with weapons like machetes and guns.

Felicien Kabuga was implicated on multiple charges like genocide, complicity in genocide, direct and public incitement to commit genocide, attempt to commit genocide, conspiracy to commit genocide, persecution and extermination.

His capture is not only an event of celebration amongst the people of Rwanda but also an indication of improving relations between France and Rwanda. “In the past two months, we came to a conclusion that he was most likely in France and in the region of Paris. We intensified cooperation with French authorities. They were very instrumental in locating the specific apartment where he was. So, cooperation with the police and prosecutor general office in Paris was excellent” says Serge Brammertz, the chief prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT).  

Kabuka’s ability to evade law for so long also raises certain queries. For instance, how long was Kabuga residing in France before the officials finally gave him up? “It is difficult to believe that such a high-profile suspect, even with a new identity, could live openly without the French authorities knowing it” states Phil Clark, a professor of International Politics and scholar of the 1994 Genocide against the Tutsi at the London-based School of Oriental and African Studies.

One possible explanation is that Kabuga might have several contacts in Europe who helped him remain under the radar for so long. “It is clear that Kabuga could not have escaped international justice for so long without an extensive network of accomplices, which enabled him to enjoy facilitation from Government institutions in the several African and European countries” says Valentine Rugwabiza, Rwanda’s Permanent Representative to the United Nations.

As Kabuga is being put on trial (so far, he has denied all accusations against him), other complications pop up. International criminal trials and hearings take quite a lot of years, and whether Kabuga will remain alive till all the trials are complete, is still a doubt. Secondly, many questions hover around how the mechanism will judge the monetary parts of Kabuka’s involvement in the genocides.

At last the chief genocide suspect is detained and the Rwandan Government and people hope that the trial does not fall for procedural hurdles and proceed without any unnecessary delay.

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