A Missed Opportunity in Ayodhya

EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE THE HINDU DELHI TUESDAY, NOVEMBER 12, 2019 OPED 11 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE A missed opportunity in Ayodhya The future of work The Court could have used Article 142 to prohibit any further claims against other places of worship What does the relationship between platform companies and the government mean for labour unions? there will not be any agitation for those sites, but only “for now”. ties and skill development. For example, Ub The Supreme Court then did not er partnered with Ayushman Bharat to facil turn the title suit into an opportunity itate free healthcare for drivers and delivery and draw on Article 142 of the Consti partners. UrbanClap partnered with the Na tution to deliver a verdict that would tional Urban Livelihoods Mission to generate C. Rammanohar Reddy have shown its refusal to tolerate as jobs with minimum assured monthly wages saults on constitutional values. It in Aditi Surie for the urban poor. In cases of informal jobs stead stuck to the title suit and there where it was difficult to identify workers for It was never a legal dispute. It was a too interpreted the claims in a whom protection was to be given, platforms political dispute that became a social fashion. Karnataka Labour Minister S. Suresh Kumar became vehicles to serve this purpose. contestation that then landed up in For the citizen, the message of the announced on October 21 that the State go the courts as a dispute over a plot of verdict may well be that in the end vernment will work towards framing guide Creating public utlities land. Yes, it was a legal dispute even lawlessness can sometimes succeed. lines for workers of digital platforms like Ub The ecosystem of public policy, platform in the 1880s but it became the Ram It may take time, it may mean lives er, Ola, Zomato, Swiggy and UrbanClap, to work, and the government together can sug Janmabhoomi movement of the lost but ultimately if you maintain ensure all relevant labour benefits for those gest an urban ‘Jobs for All’, a financialised 1980s because it was all about ascen pressure and you raise tensions for a working in the ‘gig economy’. Details of im employment guarantee scheme. The work dant Hinduism seeking to place its long period and politically mobilise plementation are awaited but the Karnataka created by these companies could easily be imprint on a constitutional republic. around a demand, you will get what government is following the tone set by the regulated as public goods in the coming Yet, ever since the Supreme Court you want. How do we now prevent Centre, which proposed a new draft code on years because it creates mobility and facili in 1994 overruled the Central govern such a message from going out? social security this year. Active moves to tates the movement of goods . An increasing ment’s decision to let all previous The Ram Janmabhoomi move bring digital labour platforms within the pur number of these jobs has been created suits abate, we knew that whatever ment was at its most violent three de view of new or existing employment and la through incentivised demand using cash the political attempts to settle the cades ago. A weariness had since set bour regulations in India have been sorely backs, coupons, low fares, and even free ser dispute, it was the courts — ultimate in and many on all sides just wished missing. The Karnataka government’s move vices rather than through natural demand. ly the Supreme Court — that would that the MasjidMandir issue could be to add benefits is welcome and can provide a Platforms have created public utilities that have the last say. put behind us. The larger project of degree of public welfare assistance to a sig may not have been needed before via what is denying that people of all faiths en nificant and growing workforce in India. often lowskilled and poor quality work, but The essence of the judgment “The larger project of denying that people of all faiths enjoy equal rights under joy equal rights under the Constitu Mr. Kumar said, “The government has the it is work that brings in some earnings. They The Supreme Court then had the op the Constitution is now nearing completion.” Police officers in Ayodhya take a tion is now nearing completion. The responsibility of ensuring social stability... have given urban workers a financialised, portunity to deliver a landmark judg break on the day of the verdict. * REUTERS Ram Janmabhoomi was merely the while not creating hurdles for the business selfdriven, optional economic safety net of ment which, even if mindful of the late 20th century instrument for rea es”. This move could possibly sidestep a ‘having a job, having a gig’. social forces swirling around it, lance and argues that, “the relief One would expect that in such a lising this project. It has served its question that remains open — i.e., whether Since investment around new technology would uphold constitutional princi [should be] moulded in a manner circumscribed setting the Supreme purpose, whatever may be said of Uber drivers, for example, are fulltime em is especially attractive for developing econo ples and affirm that India is a country which preserves the constitutional Court would make an extra effort to “egregious violations” of the law and ployees of Uber or freelancers. It appears mies, what does this mean for the state of where all citizens, irrespective of values of justice, fraternity, human deliver an imaginative verdict that court orders. that this will be resolved in the courts or ne employment in Indian cities? The strength their faith, are equal citizens. What dignity and the equality of religious provides dignity and protection even Contrary to the court’s desire to glected entirely. The Ministry’s bid to pro or ability of labour regulation to push com the Supreme Court has instead done belief.” Towards this end, the verdict if within a compromise resolution of give relief in the Ayodhya verdict in a vide insurance and job security can emerge panies to deliver full formal employment in a is given a legal imprimatur to the tri says that there is no evidence that the a title suit. Yet, even as the court in its manner that preserves constitutional only with direct acknowledgement of the financialised world of work seems poor. If umph of the political and social forc Babri Masjid had been built by des verdict draws on Article 142 of the values, the citizen could be forgiven role played by platforms in city job markets, the relationship between platform compa es that claim to speak on behalf of troying a temple, that the events of Constitution, which gives it the pow for feeling that the opposite has and not by curbing asset light models or by nies and national and State government con Hinduism. 1934, 1949 and 1992 “constitute a se er to deliver complete justice, it does happened. regulating labour. tinues this way, where do labour institutions In less than 48 hours the judgment rious violation of the law”, and so for minor reasons and not to give and workers unions stand? Platform compa has been analysed in a threadbare awards the Muslims five acres of land relief to the Muslim community. Impact on the Republic Creating jobs nies rely on city markets for their workers to fashion and its weak foundations (almost double, mind you, of the size If the Supreme Court was going to The Supreme Court of the 1970s is Governments now actively acknowledge that populate the platform and to hopefully even have already been revealed (For in of the disputed plot) elsewhere in decide to give possession of the dis now remembered for two contrast platforms provide work to the growing de tually turn a profit just as much as govern stance, in this paper, “Unimpeded Ayodhya to build a mosque. puted land to a trust for constructing ing judgments: the Kesavananda mographic of youth in the country. At the ments look to platforms to generate work op right in outer courtyard wins whole a Ram temple, it could have used this Bharati ruling (1973) when it decreed moment, the manufacturing sector in India portunities. The Karnataka Social Welfare site for Hindus”, by K. Venkatarama Dignity irrespective of faith particular Article of the Constitution that Parliament could not alter the is unable to provide employment opportun Department signed an MoU with Uber last nan, November 10, 2019). But is this in keeping with constitu to draw a line under any other dis basic structure of the Constitution ities to the youth. There is thus a mismatch year to create work opportunities for Sche The essence of the 1,045page jud tional values and does it ensure hu putes over ancient mosques. That and the ADM Jabalpur ruling (1976) between education and job skills in the mar duled Caste and Scheduled Tribe youth. gement is that the Hindu devotees man dignity to all citizens, irrespec could

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