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Policy Shaping in the Indian IT Industry: Comparative Analysis of Recommendations by NASSCOM and iSPIRT, 2013-2016
https://cis-india.org/raw/policy-shaping-in-the-indian-it-industry-recommendations-by-nasscom-and-ispirt-2013-2016
<b>This is the second of a series of three blog posts, authored by Pavishka Mittal, tracking the engagements by NASSCOM and iSPIRT in suggesting and shaping the IT industry policies in India during 2006-2016. This post conducts a detailed comparative analysis of NASSCOM’s and iSPIRT’s specific policy recommendations from 2013-2016. To facilitate comparison, the blog post is written thematically on the lines of major issues highlighted by market players in the IT industry.</b>
<p> </p>
<p><strong>1.</strong> <a href="#1">Introduction</a></p>
<p><strong>2.</strong> <a href="#2">Taxation Issues in the Software Industry</a></p>
<p><strong>2.1.</strong> <a href="#2-1">Issue of Double Taxation in the Software Industry</a></p>
<p><strong>2.2.</strong> <a href="#2-2">NASSCOM's Tax Concerns</a></p>
<p><strong>2.3.</strong> <a href="#2-3">iSPIRT's Tax Concerns</a></p>
<p><strong>3.</strong> <a href="#3">Concerns with Respect to the Regulatory Mechanism for E-Commerce (B2B Commerce)</a></p>
<p><strong>4.</strong> <a href="#4">Other Policy Recommendations</a></p>
<p><strong>5.</strong> <a href="#5">Endnotes</a></p>
<p><strong>6.</strong> <a href="#6">Author Profile</a></p>
<hr />
<h2 id="1">1. Introduction</h2>
<p><a href="http://www.ispirt.in/">Indian Software Product Industry Roundtable, or iSPIRT</a>, is a think tank formed in early 2013 by about 30 product companies and individuals to protect the interests of the Indian software product industry. The organization believes that the market for software products is bound to grow in the future, both globally and locally, whose benefits should be derived of through cost efficiencies and resource optimization through the mechanism of free markets. This blog post, second in a series on ‘policy shaping in the Indian IT industry’, conducts a detailed comparative analysis of NASSCOM’s and iSPIRT’s specific policy recommendations from 2013-2016. The author has examined the more contentious issues due to difficulties in stating all the policy recommendations of these organizations over a period of four years in a single post. The law is explained, wherever necessary. Further, in the absence of reliable data on a particular policy position of either organization, no assumptions regarding the same have been made. To facilitate comparison, the blog post is written thematically on the lines of major issues highlighted by market players in the IT industry. Transfer pricing issues will be examined in the next blog post.</p>
<h2 id="2">2. Taxation Issues in the Software Industry</h2>
<h3 id="2-1">2.1. Issue of Double Taxation in the Software Industry</h3>
<p>There has been a general practice of the payment of both VAT and Service Tax on sale of software, which involve the provision of maintenance services etc along with the product. The applicable law on taxation has been explained below for a better understanding of the policy positions of the deemed organizations. Section 65B(44) of the Finance Act 2012, which defines ‘services’ includes ‘declared services’ under section 66E <strong>[1]</strong> and excludes ‘deemed sales’ under Article 366(29-A)(b) <strong>[2]</strong> of the Constitution involving a transfer of title in goods. A combined reading of all the provisions reveal that every transfer of goods on lease, license, hire under section 66E(f) does not result in the transfer of right to use goods under Article 366. It has been held that the transfer of right to use the goods under Article 366 involves a transfer of possession and effective control over the goods <strong>[3]</strong>. Thus, a license to use software which does not transfer ‘the right to use software’ would not qualify to be a sale/ deemed sale under law and would be governed by section 66E(f). Thus, from a general reading of the law, it can be concluded that the terms of the agreement involving transfer of pre-packaged or canned software under a license to use the software would have to be examined to decide the applicability of article 366 of the Constitution, that is, to decide whether the license to use packaged software involves the ‘transfer of right to use’ the deemed software.</p>
<p>The Madras HC in Infotech Software Dealer Association v. Union of India <strong>[4]</strong> held that licensing agreements involving the transfer of rights to use software to a licensee who is not permitted to sell, license or distribute the software by the licensor who retains copyright and hence ownership rights in the goods will not be sale or ‘deemed sale’ transactions as per article 366(29A)(d) of the Constitution as no transfer of software is made out from the transaction. The test of effective control as to the transfer of right to use the goods has been followed by the Madras HC. In the present case, it was held that software owner while retaining copyright protection entered into master end use licensing agreements which enabled the petitioner association to market the software to individual end users, thus, Article 366(29A)(d) was not attracted in the absence of transfer of software. Restraints/ conditions on the free enjoyment of the software in the licensing agreement indicate service tax liability. Any imposition of service tax on ‘goods’ would not be deemed to be unconstitutional without examination of the transaction. The source of confusion remains in the fact that notwithstanding software are goods, the transaction involving its transfer would have to be examined for taxation purposes. Manner of delivery is also of consonance in the determination of character of the transaction. It has been held that delivery of online content would only be a service in contrast to transfer of software through media, or embodied in the computer itself.</p>
<p>To summarise, jurisprudence and legislations have recognized packaged or canned software as tradable goods for the purposes of VAT/Sales Tax. “IT Software’ has also been recognized as goods under the Indian Central Excise Tariff Act. Further, Packaged or canned software is recognized as a ‘packaged commodity’ for the purposes of the Legal Metrology Act, 2009 on the basis of which the manufacture of such is generally subject to Central Excise valuation on an MRP/Retail Sales Price basis in accordance with s 4A of the Central Excise Act, 1944. This is in contradiction to the premise that software supplied digitally is a service. The argument remains that basic operational character, marketability and commercial value of software remains unchanged, whether it is supplied over the counter in a shop or supplied digitally.</p>
<h3 id="2-3">2.2. NASSCOM's Tax Concerns</h3>
<p>NASSCOM in its pre budget recommendations for the year 2013-2014 suggested that deviations from the existing provisions should be allowed for matters that warrant the adoption of an alternative approach for tax reform. Consultative groups such as the Tax Administration Reform Commission (TARC) should continue to operate. The IT Industry possesses certain specific tax concerns due to its unique business models which aim to overcome geographical distances. Software product companies are practically SME’s which struggle to maintain cash flow due to imposition of additional tax. All firms, including SMEs are forced to hire a specific employee for tax compliance alone. Further, they prefer to pay the deemed penalty rather than opt for litigation due to added costs, which is not sustainable in the long run.</p>
<p>The CBEC’s Guidance Notes dated 20th June, 2012 clarified many issues arising out of the new provisions in the Service Tax law introduced on 1st July 2012. As laid down by the SC in TCS v. State of AP <strong>[5]</strong>, ‘sale’ of prepackaged/ canned/shrink wrapped software would not be a provision of service. NASSCOM’s earlier request for a clarification as to the taxation of onsite services was fulfilled with the guidance notes treating development of onsite software under the category of development of Information Technology Software as a declared service under section 66(e)(d) of the Finance Act.</p>
<p>NASSCOM suggested clarity in the deemed provisions which allow for dual taxation and ambiguity in the characterization of the transaction. VAT should be levied on the product alone and the service tax should only be payable on the additional services rendered, if any. New business models involve the provision of services along with the product which further increase the possibility of dual taxation. Provision of standard software, including license to use such software, whether electronically or on a media, should not be subject to dual levies, and in case VAT is applied, it would not be liable to Service tax. For software transactions which involve both a product and associated services, the services component should be subject to service tax alone, and the product value should be subject to VAT only. Given the stand taken by the Central Government on the treatment of software supplied electronically, it may be clarified that service tax is applicable on sale of software which is downloaded electronically and Central Sales Tax is not applicable on the same if the transaction is interstate transaction.
Other recommendations included:</p>
<ol><li>The Finance Act 2012 introduced certain retrospective amendments which are unfair to the industry involving TDS and associated penalties arising out of royalty implications. The introduction of payment of royalty on Internet downloads of software, services of maintenance, upgrade and telephone services has to be aligned with International standards.</li>
<li>The 10% TDS payable by SMEs and startups in the IT Industry is high due to the low profitability of such ventures and the cash flow crunch faced subsequent to such payment due to the need for investment prior to the start of operations in the product development industry. Often, the actual tax liability is lower than the TDS liability, which results in income tax refunds later while reducing liquidity in operations before. NASSCOM suggested reduction of TDS liability and adjusting pending refunds to future TDS liability. Further, banks should offer loans to software companies by treating the pending TDS refunds as book debts taken by the state. The ideal approach would be the complete exemption of the software industry from TDS u/s s 194J of the Income Tax Act.</li>
<li>Section 194J of the Income Tax Act prescribes that TDS @10% has to be deposited on payment made for the acquisition of software for amount greater than Rs 30,000 in a financial year. NASSCOM recommended that the prescribed limit for the computation of the TDS liability is not indicative of the pricing trends in the current business environment and thus the minimum threshold limits be increased to 3 lakh in a financial year. Further, the relevant criteria of setting these limits should be released in the public domain which would enable the industry to share data for the timely updation of the prescribed limits.</li>
<li>Clause 4 of the second explanation to Sec 9(1)(vi) of the Income Tax Act, 1961 states that Royalty would include consideration for the rendering of services which include the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill. Royalty indicates consideration for ‘user rights’ rather than ownership rights. NASSCOM in 2014 stated that Software Ancillary Services such as AMC’s, Upgrade Fees, Subscriptions, etc. which do not involve transfer of rights, or grant of license but involve only payments of consideration for services is deemed to be “Royalty” for the purposes of the Income Tax Act and demanded that a clarification be issued under this regard.</li>
<li>Abatement of 15% is allowed from Retail Sale Price (RSP) to arrive at the value of Packaged Software or Canned Software, for payment of excise duty <strong>[6]</strong>. This notified abatement of 15% does not take into account the incidence of taxes on the product <strong>[7]</strong>. The taxes on the product amount to ~22% of the RSP and the notified abatement of 15% is not adequate. NASSCOM recommended that the abatement of 15% allowed under the said notification be increased to 30%. High Packaged/Canned software products are sold through a multilayer dealer/distribution chain through which they are delivered to the ultimate consumer. High trade discounts are incurred due to the presence of multiple intermediaries in the supply chain.</li>
<li>The IT Act in recognition of the compulsions and limitations of the SME and start-ups have notified several thresholds below which provisions are not applicable. Unfortunately, these are not revised and lose their relevance in the evolving business environment. NASSCOM requested for the institutionalization of a periodic review mechanism, which would ensure that the thresholds are revisited at predefined frequencies and altered accordingly.</li>
<li>Review of the foreign tax credit provisions are necessary in light of emerging Indian MNCs. The existing tax treaties need to be reevaluated to delete differential tax treatment discouraging domestic investment and contributing to the increased round tripping in the economy.</li>
<li>A separate regulatory approach with respect to Angel Investments needs to be formulated as they serve as the key source of funding for IT firms in the absence of access to public financial institutions.</li>
<li>NASSCOM has also highlighted multiple procedural issues in its prebudget recommendations for the year 2015-16 <strong>[8]</strong>.</li>
<li>NASSCOM expressed its disappointment over the manner of implementation of the Fringe Benefit Tax bringing a lot of legitimate business expenditure on employee welfare in the tax net, resulting in non-investment in the long term benefit of workers by businesses <strong>[9]</strong>.</li></ol>
<h3 id="2-3">2.3. iSPIRT's Tax Concerns</h3>
<p>iSPIRT stated that the Indian government by adopting a piecemeal approach to the taxation system in the country has contributed to its increased fragmentation. The present tax structure cannot deal with the evolution of the digital economy in India which is increasingly using innovation in its business models.</p>
<p>All prepackaged software are considered to be goods due to an associated tariff code (ITS/HS Code). All other categories of software, are to be treated as services by default through a logic of exclusion, (other than customized software) by virtue of not being included in the tariff code list. There is no recognition of other models of SaaS, PaaS etc. The central government has not given adequate remedies to the issue of the charging of VAT by the State governments. Even when software is defined as a service, its transfer is often held to be deemed sale as per Article 366(29A) of the constitution. ‘SaaS’ software is taxed only under the service tax component when procured through a service partner, as against service tax plus VAT when procured directly. Differential taxation treatment of the same product/service creates immense frictions for ease of doing business for digital goods and services.</p>
<p>iSPIRT identifies the root cause for such confusion to be the non-recognition of intangibles to be at par with tangibles. Technically, by treating them to be ‘goods’ and subjecting them to the Sale of Goods Act, they cannot be treated as services by definition. However, the result of the piecemeal approach is the non recognition of software products as products (effectively), due to their intangible nature. This can be seen by the imposition of royalty from income derived from the sale of software under the Finance Act 2012, which indicates that the transaction of sale of software is considered to be one of transfer of copyright rather than a sale of product.</p>
<p>iSPIRT gave arguments as to the inefficiency of the proposed GST bill to deal with the taxation issues in the software industry, the bill not taking cognizance of the root cause of absent definition of a digital good which treats intangibles at par with tangibles. Practical challenges will arise due to differences in the value chain of use and consumption of ‘goods’ and ‘services’. The tax structuring is not done exclusively for the either software or the digital business. The tax authorities are prone to provide for differential rates under pressure of lobbying in the presence of new sectors in the industry which leads to amendments of rules and increased confusion. With the non-deletion of Clause (29A) of Article 366 in the proposed constitutional amendment, the concept of sales and deemed sales may be misused or may not give way to the concept of supply as envisaged in the GST Bill. Further, the CBEC is expected to use the existing frameworks even if the GST bill is proposed to be passed to the detriment of the software industry.</p>
<p>iSPIRT’s solution involved the transfer of focus to ‘digital’ products and services. It formulated the COG-TRIP test which can be used to define software products as distinct from software services <strong>[10]</strong>. Software products would be pervasive in the future and would be an essential component of the ‘digital economy’. Software is not necessarily a standalone computer program and may work with either data, audio or video products. Hence software products, sounds, images, data, documents or combinations of them may exist as a ‘digital product/goods’. This ‘digital economy’, would be overwhelmed with trade of not only ‘digital goods’ and ‘digital services’, but also the trade of ‘right to use’ or ‘transfer of right to use’ just as there is ‘deemed sales’ or ‘transfer of right to use’ of tangible goods. Due to inevitable inseparability of software and digital products, the taxation issues of Software product industry should be dealt in a unified ‘digital economy’ domain to prevent the formulation of a temporary, patchwork solution. Focusing on ‘digital’ will provide strategic solution to the problem at policy formulation level.</p>
<p>iSPIRT thus proposed a ‘digital goods’ and ‘digital services’ definition in the tax system <strong>[11]</strong>. These “digital goods,” or intangible goods have to be awarded the status of “goods” as defined in Article 366(12) of the Constitution. The digital goods, though intangible in nature, exhibit all properties of tangible goods generally acceptable in legal parlance viz. durability (perpetual or time bound), countability (number of pieces, licenses or users etc.), identifiability (standardised), movability and storage, ownership (IP or right to use), reproducibility, and marketability/tradability using an MRP as per the proposed COG TRIP test formulated by ISPIRT. This would be further related to the Sale of Goods Act 1930 and related article 366(29A) aspects. This would also be beneficial for the SaaS Industry which can now be defined under the product (digital goods) category as an industry. Once SaaS is recognized as Product (intangible goods) the next issue to be solved is asking for one single clear tax on a transaction be it “goods” or “services” based on the transaction. Other recommendations included the inapplicability of ‘royalty income’ under the garb of attached ‘copyrights’ in the Income Tax act to digital goods. This binding of ‘royalty income’ on software and ‘intangible/digital’ goods is a bottleneck to trade in a digital economy. Also, the tax system has to be digital in all aspects, i.e., ability to track transactions, levy of a clear single tax and digital collection—including taxes on international online transactions. it also recommended the commencement of taxation of online B2C sales by foreign companies.</p>
<p>iSPIRT expressed its disappointment in its post budget response over no attention being given to easing taxation norms of software companies where there is significant friction, the confusion on “goods” verses “service” tax on online downloads, TDS on sale of Software products and competition from foreign selling B2C products without any tax in India. Tax relaxation should be provided to startups on the basis of profitability rather than exemption in the initial 3 years of operations, when startups may not possess tax liability anyway. Loss making startups should not have to part with liquidity in the form of TDS payments which get refunded later. Relaxation in capital gains tax should not be just confined to investment in government schemes.</p>
<p>iSPIRT in its article dated November 24, 2014 <strong>[12]</strong> briefly explained the problem of duality of taxes on services. The constitutional framework regarding Indirect Taxes specifies that the manufacturing and services should be taxed by the centre and anything that is traded should be taxed by the states. Services are not tradable in nature in contrast to ‘rights to services’ which are tradable commodities. An example would be a vendor selling a recharge coupon. The actual service would be provided by the Telco, he is just selling the right to service. This would be tradable until the service is consumed. This transaction qualifies for both Service tax, imposed by the centre and the tax on tradable commodities imposed by states. ISPIRT had not yet proposed the digital goods and services definition to resolve these issues and its budget recommendations were similar to those of NASSCOM. It proposed that clarity is needed on the issue of tradability of service as “goods” and “service delivery” as “service”. Only after such clarity is achieved, the GST would be able to resolve the issues of duality of taxes.</p>
<p>Its article classified the taxation issues into direct and indirect.</p>
<p><strong>Direct Tax Issues:</strong></p>
<ol><li>According to the Finance Act 2012, any income arising out of the sale of software amounts to royalty, irrespective of the medium of sale making the said transaction liable for TDS deduction under s 194J. All software sold carries a license for end use without transfer of copyright in the software. The software product and the associated license is sold as a tradable commodity and not as a copyright. International practice treats the sale of software depending on how the rights/copyrights are transferred. This rights based approach shall distinguish between the nature of rights transferred in exchange for consideration.</li>
<li>A transfer of “copyright” would indicate that the payer is permitted to commercially exploit the copyright that would otherwise be the sole privilege of the copyright holder and would constitute infringement of copyright without such transfer. The payer, now the copyright holder, is permitted to reproduce, copy, modify, adapt or prepare derivative works based on the copyrighted software for sale or profit. This transaction is subject to payment of royalty in contrast to a transaction which only involves the transfer of a “copyrighted article”. The payer in this case is only permitted to operate the software product for personal consumption or for use within his business operations. Such payment should be treated as business income and not as royalty.</li>
<li>iSPIRT proposed the repeal of the said amendment and introduction of provisions which differentiate between ‘copyright’ and ‘copyrighted articles’ for the purposes of determination of royalty impositions. Further, it proposed specific exclusion through the addition of an explanation to the deemed provision for income arising from the sale of ‘copyrighted articles’ including shrink wrap software, software licenses, downloadable software, software bundled with hardware. It also recommended that the term copyright be defined in the IT Act for royalty purposes to remove dependency on sections 14 and 52 of the Indian Copyright Act, with the exception of the applicability of the Indian Copyright Act in case of copyright infringement. If software product companies are being subject to a TDS there should be Tax credits available on service tax. It also stressed on the need for a mechanism to speed up the process of TDS refunds.<br /></li></ol>
<p><strong>Indirect Tax Issues:</strong></p>
<ol><li>iSPIRT demanded the amendment of the Mega Notification No. 25/2012 dated June 6, 2012 to provide that electronic delivery of packaged software through telecommunication networks are excluded from the ambit of service tax. Alternatively, an explanation could be attached to s 66E of the Finance Act to provide that the development of software under subclause (d) is “only in relation to customized software and any packaged software delivered online or downloaded on the Internet is specifically excluded from the provisions of section 66E and should not be chargeable to service tax.” Additionally, the “Taxation of Services: an Educational Guide” dated June 20, 2012 issued by the Central Board of Excise and Customs needs to be amended along with the addition of an explanation to chapter 85 of schedule I of the Central Excise Tariff Act stating that packaged software delivered online or downloaded from the internet is also included in the meaning of ‘IT Software’ for the purposes of heading 8523.</li>
<li>iSPIRT made the same recommendation as NASSCOM as to the inadequate rate of abatement from RSP to arrive at the value of packaged/canned software, falling under the Central Excise Tariff Heading, 85239020 of the Central Excise Tariff Act, 1985, for payment of excise duty under s 4A of the Central Excise Act, 1944. It recommended that serial No. 93A in Notification No. 49/2008 dated December 24, 2008 be amended to increase the abatement from the existing 15% to 35%.</li></ol>
<h2 id="3">3. Concerns with Respect to the Regulatory Mechanism for E-Commerce (B2B Commerce)</h2>
<p>The existing FDI norms in India do not permit FDI in multi-brand retail companies. The new rules indicate that 100% FDI is permitted in online retail of goods and services under the ‘market place model’ through the automatic route, rendering legality to the many present e-commerce businesses in India. Since the business entity in focus is only an intermediary which provides the sellers of the goods with a platform for the sale of their products, online retail in the form of the inventory model remains illegal, excepting single brand retail <strong>[13]</strong>. The present FDI policy aims to convenience sellers who can take advantage of the services of e-commerce giants including, but not confined to, warehousing, logistics, order fulfillment, call centre and payment collection <strong>[14]</strong>.</p>
<p>NASSCOM has suggested keeping the FDI norms for B2C Commerce at par with B2B Commerce. Further, the stipulations in the circular issued in 2015 by the DIPP which provided for the same conditions on SBRT applicable to brick and mortar stores be applicable to online stores which provided for 30% sourcing from local sources for retailers which had more than 51% FDI was opposed by NASSCOM, which reiterated that unviable regulations only restrict trade and development. It stated that e-commerce can be aligned to the objectives of national development by providing impetus to manufacturing sector, order consolidation and distribution, facilitating and supporting SMEs, improving outreach and access to buyers/sellers, bringing traceability and transparency in transactions, empowering consumers with information and data and finally creating new job opportunities. E-commerce has only enabled the creation of unique businesses which has created demand resulting in greater private consumption and market demand in inaccessible areas in consonance with the ruling governments ‘Make in India’ scheme. Further, a transparent audit trail and the resulting efficient tax collection can be better ensured through the medium of online banking and credit cards.</p>
<p>As companies have no control on consumer buying behaviour and will have no say in the choices made by them, there should be no mandate to conclude sale of products sourced from India. Instead, companies will continue to offer local products on their website, but linking it to buying behaviour would be unfair and difficult to comply with. Hence, the policy should stipulate that companies should offer 30% locally sourced products, without any criteria related to sourcing from SMEs.</p>
<p>The government should recognize and support the growth of e-commerce companies who are dedicated to Indian ethnic products, helping MSMEs and artisans to expand their outreach. Presently, the FDI in retail policy gives power to the states to decide. In the context of e-commerce, any geographical limitations will go against the basic tenet of outreach and market access that e-commerce promises. Further any restrictions imposed by states will serve to deprive it from the inherently efficient processes and infrastructure development opportunities, contributing to employment and revenue generation opportunities. Market development is an important priority for the Internet economy and is akin to infrastructure development in the physical world. NASSCOM has been actively engaging with the government to evolve a policy concerning Foreign Direct Investment (FDI) in e-Commerce that encourages smaller technology players to foray into the market.</p>
<p>It recommended:</p>
<ol><li>Allowing 100 per cent FDI in B2C e-Commerce, as in the case of B2B e-Commerce.</li>
<li>Removing the ‘minimum investment threshold’ and conditions of investment in the back-end since e-Commerce requires investment in technology and supply chain for promised efficiencies. Since there is no investment required in creating physical store fronts, there is no need for such a stipulation.</li>
<li>Allowing existing e-Commerce firms to raise capital, in addition to permitting investment in greenfield projects.</li>
<li>Removing geographical limitations that go against the basic tenet of outreach and market access that e-Commerce promises.<br /></li></ol>
<p>NASSCOM also suggested the following restrictions to exclude organisations that are:</p>
<ol><li>Receiving orders on the telephone, facsimile or conventional email.</li>
<li>Are not complying with the rules on FDI in retail in toto.</li>
<li>Pure play e-Commerce ventures that are foraying into physical retail, but not complying by the rules on FDI in retail.<br /></li></ol>
<h2 id="4">4. Other Policy Recommendations</h2>
<ol>
<li>iSPIRT stated that the complex procedures for share allotment etc should be revised to enable the software companies to concentrate on core business functions.</li>
<li>In May 2016, ISPIRT cautioned the use of patents in India, citing the overuse of patents in USA with corporations whose sole purpose of existence is to register patents and demand royalty payments from unsuspecting users. If India allows software patents under the Patent Cooperation Treaty, it would have to give priority to the existing patents filed in other countries and would enable MNCs to exclude Indian companies from using their ‘inventions’. To enable the Indian software industry to innovate without worrying about patent lawsuits, software patents should not be permitted. iSPIRT lauded the revised guidelines issued by the Indian Patents Office in 2016 which prevent the digital colonization of India by MNCs. order issued by the Controller General of Patents, Designs and Trademarks dated February 19, 2016 finalising the guidelines for Examination of Computer Related Inventions lays down clear tests for recognizing patents.</li>
<li>India has to build a favourable business environment to retain the software products business and its intellectual property, which is highly mobile, within its domestic territory. Among the solutions are liberalized ownership rules with exemptions from regulatory filings and specific regimes (FDI/VCI/FII, etc.), specific exemptions from capital gains and dividend taxes for investors and tax exemption on foreign income of Indian software product companies. The idea of a fully liberalized virtual special economic zone for ownership and operation of software product companies, with India signing an iron-clad double-taxation avoidance agreement should not be rejected.</li>
<li>As was the case with Flipkart, larger buyers and clients withhold payment intentionally until suppliers are forced to grant unreasonable discounts. Large buyers are aware that suppliers would not act upon their rights to preserve business relationships and to avoid unnecessary time consuming and expensive litigation. According to iSPIRT, 98% of Indian SMBs extended goods and services on credit to their clients in 2015 leading to a situation wherein the most exclusive businesses can demand payments upfront. Giving the example of IMAI, which has proposed the establishment of a payment recovery mechanism for the digital communication service industry which would enforce meaningful out of court payment protections, iSPIRT has asked for solutions to the problem at hand in its article dated May 18 2016.</li>
<li>iSPIRT formulated a Stay-in-India checklist as a part of its Startups Bridge India campaign which identifies 34 key issues to be resolved to prevent startups from relocating abroad <strong>[15]</strong>. The Checklist includes requests for favourable IP tax regime, harmony in taxation of listed and unlisted securities, relaxed external commercial borrowing norms, faster incorporation and liquidation processes, and permitting convertible notes, indemnity escrows, and deferred consideration in foreign investment transactions.</li>
<li>NASSCOM applauded the National Intellectual Property Rights policy, approved by the cabinet on 13 May 2016 <strong>[16]</strong>for comprehensively covering all aspects of the domain including IPR awareness, generation, legislative framework, administration, commercialization, enforcement and adjudication, human capital and incorporating the suggestions of the associations on IPR policy made last year. According to the policy, the Department of Industrial Policy and Promotion (DIPP) would become the nodal point department for all IPR related developments in India, while respective ministries or departments will be responsible for actual implementation.
NASSCOM commented that this single umbrella approach will help leverage linkages between various IP offices. The proposal for a simple loan guarantee scheme to encourage start-ups based on IPRs as mortgage-able assets; financial support and securitization of IP rights for commercialization by enabling valuation of IP rights as intangible assets, the promotion of free and open source software and the support for IPR generation for information and communications technology , including those relating to cyber security for India are welcome. NASSCOM stated that it would partner with DIPP in the modernization efforts support an innovation led Industry in India.</li>
<li>NASSCOM in 2016 urged the SC to reconsider the ban on diesel taxis in the capital highlighting unresolved issues of the safety of the women workforce working in the IT industry and the lack of an adequate CNG infrastructure. Stating that the ban may cost the industry $1 billion, it suggested a deferred timeline for shifting diesel cabs to CNG or a phased implementation.<br /></li></ol>
<h2 id="5">5. Endnotes</h2>
<p><strong>[1]</strong> The following activities are ‘declared services’ under section 66E of the Finance Act:</p>
<ul><li>Section 66E (c) of the Finance Act, 1994 - Temporary transfer or permitting the use or enjoyment of an intellectual property right.</li><li>Section 66E(d) - Development, design, programming, customization, adaption, upgradation, enhancement, implementation of information technology software. (IT software has been defined in section 65B of the Act as “any representation of instructions, data, sound or image, including source code and object code, recorded in machine readable form, and capable of being manipulated or providing interactivity to a user, by means of a computer or an automatic data processing machine or any other device or equipment.)</li><li>Section 66E(f)- Transfer of goods by way of hiring, leasing, licensing or in any such manner without transfer of right to use such goods.<br /></li></ul>
<p><strong>[2]</strong> Article 366(29-A) (b) of the Constitution states that a tax on the sale or purchase of goods includes a) a tax on the transfer of property in goods, b) a tax on the delivery of goods on hire purchase or any system of payment by installments, c) a tax on the transfer of the right to use any goods for any purpose, and d) a tax on the supply of goods. Such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made.</p>
<p><strong>[3]</strong> State of A.P. v. Rashtriya Ispat Nigam Ltd. MANU/SC/0163/2002, BSNL v. UOI, MANU/SC/1091/2006: 2006 2 STR 161 S.C.</p>
<p><strong>[4]</strong> The petitioner in the above case relied on TCS v State of Andhra Pradesh, (2005) 1 SCC 308 which held that software are goods, whether customized or non-customized, to argue that the Finance Act 2012 was unconstitutional to the extent that it imposed service tax on software. Since the states were imposing VAT on such transactions, the consequent levy of service tax by the Central government was unconstitutional. The dominant intention of the parties, as laid down in the BSNL case, would not have to be examined in such a situation. The Madras HC agreed with the contention that software is a ‘good’, as it is an article of value having regard to its utility and is capable of transmission, delivery, storage, possession and of being brought and sold and did not deviate from the position of law as laid down in the TCS case, its own earlier decision in the case of Infosys Technologies Vs. CTO (2008) TIOL 509 as well as the decision of the Karnataka High Court in Antrix Corporation Ltd. Vs. Assistant Commissioner of Commercial Taxes (2010) TIOL 515.</p>
<p><strong>[5]</strong> On making and marketing copies of software, the transaction would be subject to sales tax despite the retention of the copyright with the originator of the programme. The sale is not just of the media, but of the Intellectual Property stored on the media. As it is impossible to separate the transaction, the sale of software would be governed by the Sale of Goods Act 1930, being a ‘good’ under law. Goods sold can be both tangible, intangible/incorporeal. The test is whether they are capable of abstraction, consumption, use, transfer, transmission, delivery, storage, possession etc, fulfilled in the case of software.</p>
<p><strong>[6]</strong> This was notified in 2008, Serial No 93A of Notification No 49/2008-CE (NT) dated 24.12.2008, for valuation under Section 4A of the CEA, 1944.</p>
<p><strong>[7]</strong> VAT/CST rates ranging from 5.5% to 6.6%; Octroi/Entry Tax of 5.5% in State of Maharashtra; excise duty from 10% ad valorem and Education Cess.</p>
<p><strong>[8]</strong> See: <a href="http://www.nasscom.in/sites/default/files/policy_update/NASSCOM%20pre-budget%20recommendations%20-%20Procedural%20issues.pdf">http://www.nasscom.in/sites/default/files/policy_update/NASSCOM%20pre-budget%20recommendations%20-%20Procedural%20issues.pdf</a>.</p>
<p><strong>[9]</strong> See: <a href="http://articles.economictimes.indiatimes.com/2005-09-05/news/27476122_1_fbt-nasscom-kiran-karnik">http://articles.economictimes.indiatimes.com/2005-09-05/news/27476122_1_fbt-nasscom-kiran-karnik</a>.</p>
<p><strong>[10]</strong> Given below is the framework of COG-TRIP:</p>
<ul><li>1. Countability - Number of licenses/users/subscribers</li><li>2. Ownership and intellectual property rights</li><li>3. Qualification as an intangible good</li><li>4. Tradability: The software products (goods) can be sold through different delivery modes</li><li>5. Right of service / Right of Use</li><li>6. Identifiability</li><li>7. Production/development cost: All software production costs are capitalized and subsequently reported at the lower of unamortized cost or net realizable value<br /></li></ul>
<p><strong>[11]</strong> DIGITAL GOOD: The term 'digital good' means any software or other good that is delivered or transferred electronically, including sounds, images, data, facts, or combinations thereof, stored and maintained in digital format, where such good is the true object of the transaction, rather than the activity or service performed to create such good.</p>
<p>DIGITAL SERVICE: The term 'digital service' means any service that is provided electronically, including the provision of remote access to or use of a digital good.</p>
<p>For purpose of above definitions, the term:</p>
<ul><li>'Digital Goods' means 'Goods' as defined in 366(12) of the Constitution,</li><li>'Digital service' means a 'service' and that which is not a 'Digital Good,'</li><li>'Delivered or transferred electronically' means the delivery or transfer by means other than tangible storage media,</li><li>'Provided electronically' means the provision remotely via electronic means,</li><li>'Software' is a representation of instructions, data, sound or image, including source code and object code, recorded in a machine readable form, and capable of being manipulated or providing interactivity to a user, by means of a computer or an automatic data processing machine or any other device or equipment, and</li><li>'Software Product” is a standardised set of such software bundled together as a single program or a Module that directs computer's processor to perform specific operations, exhibiting the properties of an intangible good that can be traded.</li></ul>
<p>EXPLANATORY NOTE: In legal parlance, the 'goods' exhibit the following properties as established under the COG TRIP test: 1) Durability - perpetual or time bound, 2) Countability – traded commodity can be counted as number of pieces, number of licenses used, number of users etc., 3) Identifiability – identified as a standardised product, 4) Movability and storage – can be delivered and stored and accounted as an inventory, 5) Ownership of the right to use, 6) Produced/reproduced through a process, and 7) Marketable/tradable - can be marketed and sold using standard marked price (except when volume discounts, bid pricing and market promotion offers are applicable).</p>
<p><strong>[12]</strong> See: <a href="http://pn.ispirt.in/tax-challenges-of-the-spisoftware-product-industry-and-budget-recommendations-made-by-ispirt/">http://pn.ispirt.in/tax-challenges-of-the-spisoftware-product-industry-and-budget-recommendations-made-by-ispirt/</a>.</p>
<p><strong>[13]</strong> The guidelines issued in November 2015 permitting a select 15 categories in Single Brand retail to sell their products online were further altered in March 2016 by the Department of Industrial Policy and Promotion to allow single brand retail by brick and mortar stores operating in India and Indian manufacturers. The impact of FDI policy on businesses can be understood with cases of alteration of business structure and distancing of e-commerce companies with their subsidiary sellers on allegations of violation of existing norms. The DIPP submitted to the Delhi HC that the ‘market place’ business models adopted by Amazon, Flipkart and Snapdeal etc were not recognized under law as they had resorted to direct sales to customers. Further, the legality of promotional funding would also be questioned on the ground that an intermediary cannot facilitate any scheme of discounts by bearing the difference in the price of the goods sold as to that extent, it is acting as the seller. This would not be in the interests of the consumers, who could earlier take advantage of the various discounts offered in the form of marketing cost reimbursement, bonus schemes etc. With such strong policies, the possibility of equality of prices between online and brick and mortar stores cannot be discarded.</p>
<p><strong>[14]</strong> <a href="http://www.livemint.com/Politics/hglep85yZOQzChj6KRrrCK/Govt-allows-100-FDI-in-ecommerce-marketplace-model.html">http://www.livemint.com/Politics/hglep85yZOQzChj6KRrrCK/Govt-allows-100-FDI-in-ecommerce-marketplace-model.html</a>.</p>
<p><strong>[15]</strong> See: <a href="http://pn.ispirt.in/sign-startup-bridge-petition-and-promote-stay-in-india-checklist/">http://pn.ispirt.in/sign-startup-bridge-petition-and-promote-stay-in-india-checklist/</a>.</p>
<p><strong>[16]</strong> See: <a href="http://articles.economictimes.indiatimes.com/2016-05-14/news/73083932_1_nasscom-software-industry-body-ip-rights"> http://articles.economictimes.indiatimes.com/2016-05-14/news/73083932_1_nasscom-software-industry-body-ip-rights</a>.</p>
<h2 id="6">6. Author Profile</h2>
<p>Pavishka Mittal is a law student at West Bengal National University of Juridical Sciences, Kolkata and has completed her second year. She takes contemporary dance very seriously and hopes to contribute to the dance community in India. Other than dancing, she indulges in binge-watching in her spare time.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/policy-shaping-in-the-indian-it-industry-recommendations-by-nasscom-and-ispirt-2013-2016'>https://cis-india.org/raw/policy-shaping-in-the-indian-it-industry-recommendations-by-nasscom-and-ispirt-2013-2016</a>
</p>
No publisherPavishka MittalNASSCOMResearchiSPIRTNetwork EconomiesIndustrial PolicyResearchers at Work2016-07-04T09:34:43ZBlog EntryParichiti - Domestic Workers’ Access to Secure Livelihoods in West Bengal
https://cis-india.org/raw/parichiti-domestic-workers-access-to-secure-livelihoods-west-bengal
<b>This report by Anchita Ghatak of Parichiti presents findings of a pilot study conducted by the author and colleagues to document the situation of women domestic workers (WDWs) in the lockdown and the initial stages of the lifting of restrictions. This study would not have been possible without the WDWs who agreed to be interviewed for this study and gave their time generously. We are grateful to Dr Abhijit Das of the Centre for Health and Social Justice for his advice and help. The report is edited by Aayush Rathi and Ambika Tandon, and this work forms a part of the CIS’s project on gender, welfare and surveillance supported by Privacy International, United Kingdom.</b>
<p> </p>
<h4>Domestic Workers’ Access to Secure Livelihoods in West Bengal: <a href="https://www.parichiti.org.in/ckfinder/userfiles/files/Final%20report_WDW_Lockdown.pdf" target="_blank">Read</a> (PDF)</h4>
<h4>Cross-posted from <a href="https://www.parichiti.org.in/r&p.php" target="_blank">Parichiti</a>.</h4>
<hr />
<h2>Executive Summary</h2>
<p>Hundreds of thousands of women from poor communities work as domestic workers in Kolkata. Domestic work is typically a precarious occupation, with very little recognition in legislation or policy. Along with other workers in the informal economy, women domestic workers (WDWs) were severely impacted by the national lockdown enforced in March, with loss of livelihood and few options for survival.</p>
<p>Parichiti works with WDWs in 20 different locations - slums and informal settlements in Kolkata and villages in south 24 Parganas. We conducted this pilot study from late June to August 2020 to document the situation of WDWs from March onwards, in the lockdown and the initial stages of lifting of restrictions. We interviewed 14 WDWs on the phone to record their experiences during the lockdown and after, including impact on livelihoods. The objectives of the study were to document the impact of the Covid-19 pandemic on the lives of WDWs, with focus on economic and health dimensions.</p>
<p>We found that most domestic workers in our sample were paid for March, but faced difficulties in procuring wages April onwards. During this period, they faced economic hardships that threatened their survival, with members of their family also involved in the informal sector and experiencing loss of wages. Workers survived on relief received through civil society or by taking loans from banks or informal lenders. Some are now stuck in a debt trap.</p>
<p>Most went back to work from June, but faced several barriers – public transport services continued to be dysfunctional, apartment complexes prohibited entry of outsiders, and employers were reluctant to allow workers into their homes. Employers were wary of workers if they were employed in multiple households or used public transport, forcing workers to adapt to these conditions. Due to these reasons, some workers lost their jobs permanently, while others returned with lower wages or lower number of employers. Workers were well aware of the precautions to be taken at the home and workplace with regards to Covid-19.</p>
<p>Many WDWs were unable to access ration through the Public Distribution System. Some were not enrolled and others were enrolled in the districts they had migrated from. Some were not classified as below the poverty line and were hence not priority households for the state, although they were ‘deserving’ beneficiaries. All of the respondents were affected by Cyclone Amphan, which devastated parts of the state in May 2020. Despite the announcement of a sizeable compensation by the state, those whose homes were impacted were unable to get any relief. WDWs overall tended to not rely on the state for welfare or health services. Many regarded public health systems to have poor quality services, and turned to private services when possible. Both central and state governments fell short of meeting the needs of WDWs during the pandemic, which could potentially have long-term impact on their income and health.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/parichiti-domestic-workers-access-to-secure-livelihoods-west-bengal'>https://cis-india.org/raw/parichiti-domestic-workers-access-to-secure-livelihoods-west-bengal</a>
</p>
No publisherAnchita GhatakGig WorkResearchNetwork EconomiesPublicationsGender, Welfare, and PrivacyResearchers at Work2020-12-30T10:01:36ZBlog EntryNoopur Raval and Rajendra Jadhav - Power Chronography of Food-Delivery Work
https://cis-india.org/raw/noopur-raval-rajendra-jadhav-power-chronography-of-food-delivery-work
<b> Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Noopur Raval and Rajendra Jadhav is the fourth among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC).</b>
<p> </p>
<p><em>Originally published by the <a href="http://blog.castac.org/category/series/indias-gig-work-economy/" target="_blank">Platypus blog</a> of CASTAC on August 15, 2019.</em></p>
<p><em>The ethnographic research was conducted by Rajendra and this short essay was collaboratively produced by the field researcher and Noopur (co-PI). The accompanying audio recording has been produced by Noopur.</em></p>
<h4>Summary of the essay in Hindi: <a href="https://www.youtube.com/watch?v=OPIfIvp2000" target="_blank">Audio</a> (YouTube) and <a href="http://blog.castac.org/wp-content/uploads/sites/2/2019/08/Rajendra-Hindi-Transcript-.docx" target="_blank">Transcript</a> (text)</h4>
<hr />
<p>This post presents the observations around the design of temporality within app-based food-delivery platforms in India. It draws on semi-structured interviews by field-researcher Rajendra and his time spent “hanging out” with food-delivery workers who are also often referred to as “hunger saviors” and “partners” in the platform ecosystem in India. Like in the <a href="https://cis-india.org/raw/simiran-lalvani-workers-fictive-kinship-relations-app-based-food-delivery-mumbai" target="_blank">earlier post by Simiran Lalvani</a> on food-delivery workers in Mumbai, we also observed that app-based work was structured and monitored along similar lines. However, in this post, we go into a detailed description of how work-time and temporality of work are configured in order to fulfill the promises that app companies make to customers in urban India. Before such app-based services came into existence, there were some popular claims around delivery-time (“30 minutes or free pizza” by Domino’s) but the entire process of food preparation, travel and delivery had not been made as transparent and quantified in a granular way as they are now through popular apps such as Swiggy, Zomato and UberEats. While such companies exist in the other parts of the world and make the promise of “anytime work” to potential workers, as we observed during fieldwork, app-based food delivery-work is anything but flexible. People could indeed start working at any time of the day, but it had real consequences to earn a living wage. While they were free to logout or switch off their app also at their convenience, they would be constantly nudged in the form of calls by warehouse managers as well as through text messages telling them how they were missing out on earnings. It is also important to note that, in India especially, food-delivery as a standardized form of work, exists in a regulatory grey space. In that sense, there is not a lot of clarity on the maximum limit of working hours in a day and in a week. In the following sections, I provide details about how work is structured temporally in this system.</p>
<h3><strong>Shift-based Work</strong></h3>
<p>When Rajendra spoke to workers in the Delhi-NCR region, they reported that they could choose to work different kinds of shifts like part-time (8 AM – 3 PM or 7 PM – 12 AM), full-time (11 AM -11 PM) or ultra full-time (7 AM -11 PM). While workers could pick their timings or slots on weekdays, it was mandatory to work on the weekends. As mentioned earlier, while companies claimed that riders could log in and out at any time of the day, their pay depended on the number of deliveries they make and the hours they worked. But it’s not that simple. It is not just the wholly quantified units (an hour, a day) that become exigent and overbearing; it was in fact how these rules demanded high levels of alertness and care from the workers. Any kind of carelessness, not paying attention (to time, text message announcements) could be detrimental to claiming pay for the work they had done already. For instance, like a worker described, if he even logged out a minute before the end of the shift, he would lose out on his incentive. Another worker added,</p>
<blockquote>If you log off even five minutes before eleven (pm), a call comes from the company and they ask you to log back in immediately.</blockquote>
<p>In such cases, those managing the backend systems even make these calls to shield workers from the eventuality of losing pay and the hassle of resolving disputed payments later by simply urging and pushing workers to stay on-time and online. In that sense, there is not only an expectation of punctuality and always being-on as a desirable thing, but it is also imperative for the workers to meet these expectations while they interact with the app itself.</p>
<p> </p>
<img src="https://cis-india.org/CIS_APU_DigitalLabour_PlatypusEssays_NRRJ_01.jpg/image_preview" alt="CIS_APU_DigitalLabour_PlatypusEssays_NR-RJ_01" class="image-left image-inline" title="CIS_APU_DigitalLabour_PlatypusEssays_NR-RJ_01" />
<h5>Sticker provided by a food-delivery platform to promote its brand. <em>Source: Noopur Raval, author</em>.</h5>
<p> </p>
<h3><strong>Time of Eating, Time of Sleeping</strong></h3>
<p>Typically, restaurants and food businesses in Indian cities are heavily regulated, especially in terms of closing times. While these rules differ for each city, in and around Delhi, restaurants are expected to close down by 10 pm, and those that seek to remain open for longer need special permissions. With the arrival of app-based delivery companies, the time of food production and consumption has stretched. Also, with the right kinds of permits, cloud kitchens and home-based producers are also allowed to operate through these platforms, thus making multiple food choices and cuisines available until as late as 4 am in the morning. Whose consumption needs are being serviced at these late hours is a question beyond the scope of this post, but it also means that there is opportunity/compulsion for workers to stay up late at night, making deliveries. Not surprisingly, it is also often these late-night shifts that are better incentivized, not just money-wise but also because there is less traffic at night (a constant source of stress in day-time shifts). As other studies have also noted, platform companies, especially food-delivery services that mostly engage bike and scooter riders (Lee et al. 2016) globally, enforce this cruel temporal inversion where being a service-worker in this economy also means working on others’ (customers’) time of leisure and/or comfort. Especially in Delhi, where the winters get brutally cold, ironically, the profitability of delivering hot food increases. However, it is not that straightforward. One worker Rajendra spoke to in March (springtime) explained,</p>
<blockquote>I am not going to work with any of the food delivery company from April onwards because of the hot summer in Delhi, it is very difficult to ride in a day time of summer.</blockquote>
<h3><strong>Temporary Work</strong></h3>
<p>Temporariness is the dominant temporal fate of gig-work at-large—workers in our study (food-delivery as well as ride-hailing) often insisted how gig-work was only temporary until they could become business-owners, find a better job, or fund their education and so on. However, as we observed in food-delivery work, there was also a lot of seasonal movement of workers, a reminder of the contextual, ecological and urban migration continuities that inform, support and shape who comes to the reserve force/waiting zone of gig-work. In classic labour terms, the push and pull factors that move people out of agricultural labour or other kinds of work must be studied with an eye to new forms of easy-entry jobs such as gig-work. On the other hand, there were also other considerations on time such as responsibilities and social obligations to family that made food-delivery work (fast paced, inhering a certain amount of recklessness and the willingness to put oneself at risk) less attractive to some (older men and women with a family) and more to some others (younger single men). This made us think of the way in which Sarah Sharma (2011) emphasizes temporal power over speed discourses (she offers the term ‘power-chronography’) where, the ways in which food-delivery work is temporally arranged, distributed and rewarded, privileges certain actors (the customers but also some kinds of workers) over others in the city’s labour market.</p>
<h3><strong>References</strong></h3>
<p>Lee, Do J., et al. “Delivering (in) justice: Food delivery cyclists in New York City.” <em>Bicycle Justice and Urban Transformation</em>. Routledge, 2016. 114-129.</p>
<p>Sharma, Sarah. “It changes space and time: introducing power-chronography.” <em>Communication Matters: Materialist Approaches to Media, Mobility and Networks</em> (2011): 66-77.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/noopur-raval-rajendra-jadhav-power-chronography-of-food-delivery-work'>https://cis-india.org/raw/noopur-raval-rajendra-jadhav-power-chronography-of-food-delivery-work</a>
</p>
No publisherNoopur Raval and Rajendra JadhavDigital LabourResearchPlatform-WorkNetwork EconomiesPublicationsResearchers at WorkMapping Digital Labour in India2020-05-19T06:33:39ZBlog EntryFrom Health and Harassment to Income Security and Loans, India's Gig Workers Need Support
https://cis-india.org/raw/gig-workers-need-support
<b>Deemed an 'essential service' by most state governments, and thereby exempt from temporary suspension during the COVID-19 lockdown, food, groceries and other essential commodities have continued to be delivered by e-commerce companies and on-demand services. Actions to protect workers, who are taking on significant risks, have been far less forthcoming than those for customers. Zothan Mawii (Tandem Research), Aayush Rathi (CIS) and Ambika Tandon (CIS) spoke with the leaders of four workers' unions and labour researchers to identify recommended actions that public agencies and private companies may undertake to better support the urgent needs of gig workers in India. </b>
<p> </p>
<p><em>Originally published by <a href="https://thewire.in/business/covid-19-lockdown-delivery-gig-workers" target="_blank">The Wire</a> on April 29, 2020.</em></p>
<hr />
<p>Nearly two weeks ago, news broke that a Zomato delivery worker <a href="https://indianexpress.com/article/cities/delhi/pizza-man-who-tested-covid-19-positive-also-delivered-food-for-us-zomato-6365513/" target="_blank">tested positive for COVID-19</a> in New Delhi.</p>
<p>As many as 72 families in the south Delhi neighbourhood where he made deliveries have been quarantined, along with 17 other people he worked with. With the luxury of social distancing not extended to delivery workers, the incident further fuelled the apprehensions and uncertainties that they already were contending with. This was only a matter of time.</p>
<p>Deemed an “essential service” by most state governments, and thereby exempt from temporary suspension during the lockdown, food, groceries and other essential commodities have continued to be delivered by e-commerce companies and on-demand services including Swiggy, Zomato, BigBasket, Dunzo, Housejoy and Flipkart.</p>
<p>In choosing to continue operations, these companies have then rushed to enforce measures to put customers at ease. Such measures have included no-contact deliveries, card-only payments, and displaying temperature readings of workers.</p>
<p>Uber and Ola Cabs suspended services in most areas, and announced that in places where they are <a href="https://www.livemint.com/news/india/covid-19-uber-to-offer-cabs-for-essential-services-11586077100965.html" target="_blank">providing essential services</a>, workers have been instructed to wear masks and observe hygiene standards.</p>
<p>Swiggy and Zomato announced they were communicating with workers about safety and hygiene standards. Zomato has more recently <a href="https://twitter.com/deepigoyal/status/1252844887797428230" target="_blank">announced</a> that the company is making the Aarogya Setu app mandatory for workers to receive orders.</p>
<p><a href="https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/covid-19-zomato-sets-up-funds-for-income-starved-daily-wage-workers-in-india/articleshow/74823838.cms" target="_blank">Relief funds</a> have been set up— donations to these funds continue to be solicited from the public and company executives have made grandiose gestures of <a href="https://www.carandbike.com/news/ola-introduces-drive-the-driver-fund-initiative-to-fund-relief-for-driver-community-2201886" target="_blank">contributing their salaries</a> to these funds.</p>
<p><strong>Stark reality</strong></p>
<p>The situation on the ground, however, tells another story. Actions to protect workers, who are taking on significant risks, have been far less forthcoming than those for customers. Workers are also bearing the brunt of arbitrary surveillance measures, like being asked to download the Aarogya Setu app, in addition to scrutiny they are placed under regularly. No such surveillance measures have been placed on customers. The priorities of on-demand service companies are clear: protect the bottom line at the expense of vulnerable workers.</p>
<p>In the absence of any concerted support from the companies, service workers could have looked to the state for relief. None has been forthcoming. Government action has pegged the targeting of relief works and services to those currently eligible for welfare programs and registered under its various schemes. Most gig workers, if not all, are ineligible as a result of the arbitrary conditions underlying these schemes.</p>
<p>We spoke to the leaders of four unions — including the Indian Federation of App-based Transport Workers (IFAT) and the Ola and Uber Drivers and Owners’ Association (OTU)– who represent gig workers across the country about the risks and vulnerabilities that they are having to contend with.</p>
<p>The precariousness characterising gig work could not be starker. A summary of the discussions can be found <a href="https://cis-india.org/raw/zothan-mawii-covid-19-and-relief-measures-for-gig-workers-in-india" target="_blank">here</a>, while the recommendations emerging from these discussions have been shared with government officials and company representatives and can be found in full <a href="https://cis-india.org/raw/covid-19-charter-of-recommendations" target="_blank">here</a>.</p>
<p>Below are some of the key recommendations that emerged from these discussions.</p>
<p><strong>Health</strong></p>
<p>Many on-demand service companies have not provided workers with any personal protective equipment (PPE), not even to delivery workers who face heightened risks of exposure to the coronavirus at nearly every step of the delivery process.</p>
<p>Some unions had to take to distributing masks, while many other workers continue to incur repeated costs to safeguard their own health. At a later stage, Swiggy announced that workers would be reimbursed for these purchases, but the process is so tedious that workers have found it untenable.</p>
<p>In addition, health awareness campaigns regarding safety measures and risks were also launched very late into the crisis, and then were not in vernacular languages and could not be comprehended by most workers.</p>
<p>In terms of insurance, most platforms have announced financial assistance for workers who test positive for COVID-19. This is aimed at covering their hospital expenses, as well as providing a daily stipend for a limited period. However, these come short as there are no provisions for OPD consultations or even for the cost of going and getting tested (losing one day’s work and then potentially one more before the results come in).</p>
<p>Additionally, the difficulty and expenses of obtaining a test could place an additional burden on workers — as without proof of a positive test, workers will be unable to access this fund in the first place. This is far from the robust health insurance that must be provisioned to ensure workers’ health and safety. Some platforms have made telemedicine services available for workers and while this is a step in the right direction, it must be backed by more tangible protections like covering part of the costs incurred for treatment.</p>
<p>Unions demand that companies provide adequate PPE to workers free of cost —masks, gloves, hand sanitisers, and soap. If platforms continue to ask workers to log in at significant risks to themselves and their families, provision of safety equipment is the basic minimum requirement that must be met immediately. This should also include a plan to ensure workers’ access to clean and hygienic sanitation facilities, as they may not have access to these on their delivery routes.</p>
<p>In addition, platforms must provide health insurance cover in addition to accident insurance coverage and hospitalisation cover for COVID-19. This should include OPD consultations.</p>
<p><strong>Income security and social protection</strong></p>
<p>With services suspended or demand really low, gig workers have either lost their income or seen it fall drastically — delivery workers’ daily earnings are as low as Rs 150-Rs 300 for a full day’s work.</p>
<p>Almost a month into the lockdown, there is little clarity as to who is eligible for the funds that companies have raised, and in what manner and or what purposes it will be disbursed.</p>
<p>Ola Cabs has offered interest free loans to drivers for relief in the short term, while some Uber drivers have received a Rs 3,000 grant from the company. If disbursed universally this would ensure availability of some liquidity for workers, although at this stage it remains unclear if all drivers are eligible to receive the grant.</p>
<p>Workers and unions are afraid that this grant might only be accessible for workers with high ratings, or those who have logged longer hours especially through the course of the lockdown period. This would effectively penalise workers for going to their homes for the lockdown, or being otherwise unable to work. Unions have estimated that not more than 20 percent of workers continue to remain active through the lockdown period.</p>
<p>Moreover, research has shown that workers are not necessarily aware of the protections made available to them as a result of the legalese that companies couch these terms in.</p>
<p>To ensure income security, platforms must make direct cash transfers to all workers who have logged in for at least two weeks between January and April 2020. This should be fixed according to minimum wage standards for skilled work in each state or at Rs 1,000 per day of the lockdown, and will have to be enforced with retrospective effect.</p>
<p>The former should be treated as an entitlement of workers while a portion of the latter can be asked to be repaid by the workers over the course of the next year. The fiscal responsibility for the cash transfers can be shared with governments. Governments can request the data held by these companies for the transfers.</p>
<p><strong>Rent and loans</strong></p>
<p>Some states have announced moratoriums on house rent but again there is no explicit mention of gig workers being included in this — and in states where such a move hasn’t been announced, gig workers must continue to pay house rent without having a source of income to rely on.</p>
<p>On the issue of loan repayments, the RBI allowed lending institutions to grant a three-month moratorium on retail loan repayments as a part of its COVID-19 regulatory package. On the one hand, availing of the moratorium will significantly increase the loan tenure and total amount to be repaid. On the other, several gig workers have reported that the enforcement of the moratorium itself has been piecemeal outside of public sector institutions.</p>
<p>Here again they have to make a Faustian bargain. The government should enforce the RBI’s directive strictly so gig workers get some relief.</p>
<p>Further, several companies themselves have leased vehicles to workers, for which payment of EMI must be ceased through the months of March to May to allow workers some relief without requiring the return of vehicles. Currently, EMIs have only been stalled on the condition of returning vehicles.</p>
<p><strong>Harassment</strong></p>
<p>Workers have been subject to harassment and discrimination by the police and customers alike, making it difficult to continue work. Despite the categorisation of delivery as an essential service, companies are finding it difficult to get easy access to movement passes in bulk, which implies that workers are penalised by being unable to work even if they are available. Companies have come out to allege harassment despite clear directions to allow movement of delivery workers, which points to gaps in enforcement.</p>
<p>Further, frequent barricading has implied that workers are not able to complete orders without diversions despite having passes for movement. Meanwhile, companies continue to mandate door-to-door delivery so as to ensure that customers are not inconvenienced at all. In some cases, this has implied that workers have to travel on foot in barricaded areas to deliver orders.</p>
<p>We recommend that companies urgently set up a helpline for workers to address such issues that may arise in delivery. We also recommend that companies proactively work with the government to map hotspots and containment zones and cease delivery in such areas. Thus far, there is no indication of any such measures by companies.</p>
<p><strong>Post-lockdown revival</strong></p>
<p>The lockdown brings to the fore just how vulnerable gig workers are.</p>
<p>This is a direct consequence of the gig work arrangements structured as disguised employment. Deeming workers as independent contractors and self-identifying as technology providers, on-demand service companies have washed their hands of the responsibility of providing labour protections and social security measures despite exerting extensive control over the conditions of work (such as wages, incentives) and the manner of its dispensing (such as the standard of work, hours of work).</p>
<p>Governments, too, have done little to recognise gig workers although they have been added as a category of workers in the draft Social Security code. Relief measures announced by the government exclude them. However, the government needs to intervene urgently in the current situation.</p>
<p>Platforms are likely to recover once the lockdown is lifted —home delivery services like BigBasket and Grofers have already seen their businesses skyrocket.</p>
<p>However, there is an urgent need to rebuild on-demand work as one that isn’t merely in the service of capital. A first step to that would be to reduce commissions to 5% for at least 6 months so that workers can recover financially. The unencumbered spending to capture market share at the expense of workers needs to be curbed. Enforcing these recommendations will require a coordinated effort between governments and on-demand service companies. As consumers, it is also our responsibility to question companies that do not take on the moral responsibilities of extending adequate worker protections.</p>
<p>With unemployment in the country skyrocketing, it may be the case that on-demand work opens up avenues to securing work. It then becomes imperative to ensure any future of work is one that is inclusive and accounts for the systemic changes that are now impossible to ignore.</p>
<p>While social distancing is a choice truly available to a privileged few, we need to ensure that social protection isn’t.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/gig-workers-need-support'>https://cis-india.org/raw/gig-workers-need-support</a>
</p>
No publisherZothan Mawii (Tandem Research), Aayush Rathi (CIS), and Ambika Tandon (CIS)Gig WorkDigital LabourResearchPlatform-WorkNetwork EconomiesPublicationsResearchers at Work2020-05-19T06:57:36ZBlog EntryDWRU, BBGS & MKU - The Covid-19 Pandemic and the Invisible Workers of the Household Economy
https://cis-india.org/raw/dwru-bbgs-mku-covid19-invisible-household-workers
<b>Domestic Workers Rights Union (DWRU), Bruhat Bangalore Gruhakarmika Sangha (BBGS), and Manegelasa Kaarmikara Union (MKU) have prepared a report on the invisibilisation of domestic workers under the Covid-19 pandemic and a set of demands directed at the government and resident welfare associations (RWAs) for better, dignified and just treatment of domestic workers in Karnataka. We at CIS are proud to contribute to and publish this work as part of the ongoing 'Feminist Internet Research Network' project supported by the Association for Progressive Communications (APC).</b>
<p> </p>
<h4>Report: <a href="https://cis-india.org/raw/files/dwru-bbgs-mku-covid19-invisible-household-workers-report" target="_blank">Download</a> (PDF)</h4>
<p><em>This report is authored by Geeta Menon, and edited by Aayush Rathi (CIS) and Ambika Tandon (CIS).</em></p>
<hr />
<h3><strong>Introduction</strong></h3>
<p>Up until the first phase of the imposition of lockdown in India, while restrictions were enforced, domestic workers went to work as usual. Domestic workers were aware of the announcements of precautions, but the
employers insisted they come for work disregarding any concerns for workers' safety.</p>
<p>During the phase of strict imposition of the first lockdown, covering the time from March 24, 2020 to the first week of May, several corporate employees “worked from home”. While pictures of employers’ families spending family time, and learning to clean and cook, circulated widely on social media and in press, domestic workers lived in cramped conditions with the fear of rations running out.</p>
<p>In the first 2 weeks of May, a survey of nearly 2400 domestic workers in Bengaluru was conducted by Domestic Workers Rights Union (DWRU), Bruhat Bangalore Gruhakarmika Sangha (BBGS), and Manegelasa Kaarmikara Union. Some of the findings from the survey are below:</p>
<ul><li>2084 (about 87%) of the workers were told not to come for work since the lockdown in March and were not sure if and when they would be called to work again.</li>
<li>341 workers in the areas surveyed by BBGS (87%) and 150 workers in the areas surveyed by Manegelasa Kaarmikara Union lost their jobs entirely during the lockdown.</li>
<li>91% of workers lost their salaries for the month of April.</li>
<li>50% of all workers above the age of 50 lost their jobs during the lockdown.</li></ul>
<p>The report also showcases the tyranny and hypocrisy of resident welfare associations (RWAs) and employers. The period of relaxation of the lockdown has again seen RWAs issuing directives that are demeaning to domestic workers and pose insurmountable barriers to domestic workers’ ability to work. For example, several RWAs issued emails advising residents to ask domestic workers to minimise or avoid usage of the lift and take the stairs instead. They also discouraged domestic workers from waiting in the common areas in between shifts. RWAs also invaded domestic workers’ privacy by mandating the disclosure of personal information without any protocols in place to keep this information secure.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/dwru-bbgs-mku-covid19-invisible-household-workers'>https://cis-india.org/raw/dwru-bbgs-mku-covid19-invisible-household-workers</a>
</p>
No publisherGeeta MenonCovid19ResearchNetwork EconomiesResearchers at WorkDigital Domestic Work2020-06-19T12:34:22ZBlog EntryCOVID-19 Charter Of Recommendations on Gig Work
https://cis-india.org/raw/covid-19-charter-of-recommendations
<b>Tandem Research and the Centre for Internet and Society organised a webinar on 9 April 2020, with unions representing gig workers and researchers studying labour rights and gig work, to uncover the experiences of gig workers during the lockdown. Based on the discussion, the participants of the webinar have drafted a set of recommendations for government agencies and platform companies to safeguard workers’ well being. Here are excerpts from this charter of recommendation shared with multiple central and state government agencies and platforms companies.</b>
<p> </p>
<em><a href="https://cis-india.org/raw/zothan-mawii-covid-19-and-relief-measures-for-gig-workers-in-india" target="_blank">Summary of discussions</a> from the COVID-19 and Gig Economy webinar, authored by Zothan Mawii, Tandem Research</em>
<hr />
<h3><strong>Contributors</strong></h3>
<ol>
<li>Aayush Rathi, Ambika Tandon and Tasneem Mewa, The Centre for Internet and Society, India</li>
<li>Aditi Surie, Indian Institute for Human Settlements</li>
<li>Anita Gurumurthy and Nandini Chami, IT for Change</li>
<li>Astha Kapoor, Aapti Institute</li>
<li>Dharmendra Vaishnav, Indian Delivery Lions (IDL)</li>
<li>Janaki Srinivasan, International Institute of Information Technology, Bangalore</li>
<li>Kaveri Medappa, University of Sussex</li>
<li>Pradyumna Taduri, Fairwork Foundation</li>
<li>Rakhi Sehgal, Gurgaon Shramik Kendra</li>
<li>Sangeet Jain, Researcher</li>
<li>Shaik Salauddin, Indian Federation of App-based Transport Workers (IFAT)</li>
<li>Shohini Sengupta, Assistant Professor of Research, Jindal School of Banking and Finance</li>
<li>Simiran Lalvani, Independent researcher</li>
<li>Tanveer Pasha, Ola, Taxi 4 Sure and Uber Drivers and Owners’ Association (OTU)</li>
<li>P. Vignesh Ilavarasan, Researcher and professor, IIT Delhi</li>
<li>Vinay Sarathy, United Food Delivery Partners’ Union (UFDPU)</li>
<li>Vinay K. Sreenivasa, Advocate, Alternative Law Forum</li>
<li>Zothan Mawii, Iona Eckstein and Urvashi Aneja, Tandem Research</li></ol>
<h3><strong>Context</strong></h3>
<p>The nationwide lockdown in response to the ongoing COVID-19 pandemic has had a devastating impact on ‘gig workers’ working for on-demand service platforms such as those providing ride-hailing, home-based work and food delivery services and also e-commerce companies. Those driving for on-demand transportation companies have lost their source of livelihood as services remain suspended.</p>
<p>Workers for on-demand delivery and home-based services, on the other hand, have been deemed “essential” and continue to work although demand has fallen drastically. Earnings for delivery workers have fallen to as low as INR 100-300 per day for a whole day’s work. Workers face a high risk of contracting COVID-19 due to their exposure to multiple customers. Apprehensions are rising after a <a href="https://indianexpress.com/article/cities/delhi/pizza-man-who-tested-covid-19-positive-also-delivered-food-for-us-zomato-6365513/" target="_blank">delivery worker for Zomato</a> tested positive for COVID-19 in New Delhi. Demand has fallen further but delivery workers must continue to put themselves and their families’ health and safety at risk with limited or no provisions for personal protective equipment or other safety measures <a href="https://gadgets.ndtv.com/apps/news/swiggy-zomato-customer-advisory-coronavirus-outbreak-covid-19-india-2193038" target="_blank">offered by companies</a>.</p>
<p>The relief works announced by the central and state governments do not specifically provide for ‘gig workers’. At the same time, the measures announced by on-demand service companies are inadequate, ambiguous and inconsistent. The eligibility, manner and quantum of relief and the process of availing relief is unclear to workers.</p>
<p>We urge you to bolster the socio-economic and healthcare protections for ‘gig workers’ in India in light of the outbreak of COVID-19. Any efforts aimed at directing relief to ‘gig workers’ will have to be combined, involving the central and state governments and on-demand service companies.</p>
<p>We suggest that the measures adopted incorporate the recommendations outlined below. The recommendations have been drafted after discussion between civil society actors including labour unions from delivery and transportation sectors, researchers, and activists. A summary of the discussions leading to this charter of recommendations can be found <a href="https://cis-india.org/raw/zothan-mawii-covid-19-and-relief-measures-for-gig-workers-in-india" target="_blank">here</a>.</p>
<h3><strong>Charter of Recommendation on Gig Work</strong></h3>
<p><img src="https://cis-india.org/raw/covid19-charter-image-1/" alt="null" width="85%" /></p>
<p><img src="https://cis-india.org/raw/covid19-charter-image-2/" alt="null" width="85%" /></p>
<p><img src="https://cis-india.org/raw/covid19-charter-image-3/" alt="null" width="85%" /></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/covid-19-charter-of-recommendations'>https://cis-india.org/raw/covid-19-charter-of-recommendations</a>
</p>
No publisherAayush Rathi and Ambika TandonResearchers at WorkGig WorkDigital LabourCovid19ResearchPlatform-WorkFuture of WorkFeaturedNetwork EconomiesHomepage2020-05-13T08:53:02ZBlog EntryComments on the RBI's Consultation Paper on Peer to Peer Lending
https://cis-india.org/raw/comments-on-the-rbi-consultation-paper-on-peer-to-peer-lending
<b>The Reserve Bank of India published a Consultation Paper on Peer to Peer Lending on April 28, 2016, and invited comments from the public. CIS submitted the following response, authored by Elonnai Hickok, Pavishka Mittal, Sumandro Chattapadhyay, Vidushi Marda, and Vipul Kharbanda.</b>
<p> </p>
<h2>1. Preliminary</h2>
<p><strong>1.1.</strong> This submission presents comments and recommendations by the Centre for Internet and Society (<strong>“CIS”</strong>) on the Consultation Paper on Peer to Peer Lending (<strong>“the consultation paper”</strong>) by the Reserve Bank of India (<strong>“RBI”</strong>) <strong>[1]</strong>.</p>
<h2>2. The Centre for Internet and Society</h2>
<p><strong>2.1.</strong> The Centre for Internet and Society, CIS <strong>[2]</strong>, is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.</p>
<p><strong>2.2.</strong> This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the concerns of citizens’ and users’ rights in the context of products, services, and transactions facilitated by digital media technologies, the , the principle that regulation should be defined around functions of the acts concerned, and not the technologies of delivery. Our comments are limited to the clauses that most directly have an impact on these concerns.</p>
<h2>3. Response</h2>
<h3>3.1. Whether there is a felt need for regulating peer to peer lending platforms?</h3>
<p><strong>3.1.1.</strong> Peer to peer (<strong>“P2P”</strong>) lenders are platforms serving as marketplaces for the lenders and the borrowers of funds to connect. Their very business model does not render them as a provider of finance, as they aspire to function as pure intermediaries to enable lending and borrowing.</p>
<p><strong>3.1.2.</strong> The Section 45I.(f)(iii) of the RBI Act, 1935 <strong>[3]</strong>, provides RBI the authority to classify any financial institution as a non-banking financial company (<strong>“NBFC”</strong>) “with the previous approval of the Central Government and by notification in the Official Gazette.” Since the P2P lending platforms do not provide any finance themselves, undertake acquisition of financial instruments, deliver financial and/or insurance services, or collect financial resources directly, the only ground for classifying such companies as “financial institutions” <strong>[4]</strong> appears to be their involvement in “managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the time being in force in any State, or any business, which is similar thereto” <strong>[5]</strong>. P2P lending platforms can be considered to be brokers and thus there are other aspects that merit scrutiny such as antitrust issues, obligations of either party, company activities and the transactional system involved, as we will discuss in this document.</p>
<p><strong>3.1.3.</strong> The consultation paper itself states that the balance sheet of the platform cannot indicate any borrowing / lending activity, which entails that the platform cannot itself provide finance or receive any funds for the provision of loans to others. Platforms are not allowed to determine the interest rates as they are not a party to the transaction. Neither would they be liable in cases of default by the borrower. These rules, standard for P2P platforms in other jurisdictions as well, confirm the assumption that the platform itself is not providing finance and thus, cannot be entrusted with any liability, obligation from the transaction.</p>
<p><strong>3.1.4.</strong> Further, with RBI raising the threshold asset size for an NBFC to be considered systemically important (NBFC-ND-SI) from Rs. 100 Crores to Rs. 500 Crores <strong>[6]</strong>, and Economic Times reporting that one of the biggest Indian P2P lending platform’s enterprise valuation (which can be taken as indicative of its net assets) is Rs 50 Crores <strong>[7]</strong>, we may assume that most P2P lending platforms will have net assets worth less than 500 crore, at least in the near future; although there is a possibility for exponential growth with some companies.</p>
<p><strong>3.1.5.</strong> Given the limited sphere of operation, restricted ability (by design) of these platforms to shape interest rates and other features of financial instruments, and their generally non-systemically-important nature, we would submit that the regulation of such P2P lending platforms are kept to an absolute minimum, so that their economic viability is not undermined, and at the same time the key risks associated with their operations are addressed by RBI.</p>
<h3>3.2. Is the assessment of P2P lending and risks associated with it adequate?</h3>
<p><strong>3.2.1.</strong> CIS observes that the following are the key risks involved with the operations of the P2P lending platforms, and these are being respectively addressed by, or can be addressed by RBI in the following manners.</p>
<ol type="A"><li><strong>Insufficient information about the conditions of lending, leading to defrauding of the borrower:</strong> The borrower may not receive appropriate information about the terms of the loan, and/or the P2P lending platform may not act in a “fair” manner (say, in case of collusion between the P2P lending platform and the lender, or the lending platform and the borrower), which may lead to defrauding and/or economic loss of either party. By classifying P2P lending platforms as NBFCs, RBI will ensure that these companies follow the Guidelines on Fair Practices Code for NBFCs <strong>[8]</strong>, which extensively addresses concerns related to this type of risks.<br /><br /></li>
<li><strong>Insufficient information about the borrower, or her/his ability to repay the loan, may lead to non-repayment and economic loss of the lender:</strong> If the P2P lending platform allows the lender to offer loans to borrowers without acquiring and/or providing sufficient information to the lender about the borrower’s credit history and/or ability to repay the loan, modes of formulating security for loans, this may heighten the risks of non-repayment of loans. By classifying P2P lending platforms as NBFCs, RBI will ensure that these companies follow the Master Circular – 'Know Your Customer' (KYC) Guidelines – Anti Money Laundering Standards (AML) - Prevention of Money Laundering Act, 2002 - Obligations of NBFCs <strong>[9]</strong>, which extensively addresses concerns related to this type of risks.<br /><br /></li>
<li><strong>Credit-related information of the lenders and the borrowers collected by P2P lending platforms may not be made available to other financial institutions and that will lead asymmetry in credit information available across various actors in the sector:</strong> Credit information, related to both lending and borrowing practices of entities using the platform concerned, is a key asset of the P2P lending platforms. Lack of sharing of such information with Credit Information Companies, for economic reasons or otherwise, may however, lead to information asymmetry within the financial sector, which will structurally weaken the entire sector (with pieces of credit information being distributed across actors and not being shared internally). By classifying P2P lending platforms as NBFCs, RBI will ensure that these companies follow the Credit Information Companies (Regulation) Act, 2005 <strong>[10]</strong>, which extensively addresses concerns related to this type of risks.<br /><br /></li>
<li><strong>P2P lending platforms diversifying their financial operations without informing RBI and hence without appropriate regulatory control:</strong> It is possible that P2P lending platforms may decide to diversify their activities. There have been similar examples in other related sectors, say e-commerce marketplaces, that have started their own product re/selling companies that use the same online marketplace concerned. By classifying P2P lending platforms as NBFCs, RBI will ensure that these companies provide RBI with detailed and regular reports of their economic activities and investments, which is expected to address concerns related to this type of risks.</li></ol>
<h3>3.3. Are there any other risks which ought to be addressed?</h3>
<p><strong>3.3.1.</strong> CIS observes that as part of the usual transaction related activities of the P2P lending platforms, the companies will come into possession of what has been defined as “sensitive personal data or information” by the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 <strong>[11]</strong>. The concerns related to this type of risk is directly addressed by the Rules concerned, and may not require additional attention from the RBI.</p>
<p><strong>3.3.2.</strong> CIS observes that as borrowers and lenders start using specific P2P lending platforms, the data regarding their credit histories and/or “financial reputation” will be owned by these companies. While such information might be shared internally within the financial sector through the Credit Information Companies, the borrowers and lenders themselves may not get direct access to such data. Hence, the borrowers and lenders will not be able to move easily and smoothly to a new P2P lending platform and make use of their existing credit information and/or “financial reputation” when accessing services offered via the new P2P lending platform. In other words, the borrowers and lenders may face a <em>service provider lock-in</em>, and inability to move between P2P lending platforms easily, without explicit access to their own credit history/reputation, and will not have the ability to migrate such information from one P2P lending platform to another (or to any other agency, for that matter). CIS submits that RBI must provide a mechanism to allow users to migrate between platforms as it has not been discussed in the consultation paper.</p>
<h3>3.4. Is the proposed approach to regulating these platforms adequate?</h3>
<p><strong>3.4.1.</strong> CIS observes that while classification of P2P lending platforms will appropriately address key risks associated with their operations (as listed in 3.2.1. A-D), it will not address a major risk emerging out of their operations that is unique to the technological basis of the business concerned (as mentioned in 3.3.2.), and further, it will impose substantial financial and management obligations that have a very high probability of undermining the economic viability of this emerging and niche sector of intermediated direct lending and borrowing.</p>
<p><strong>3.4.2.</strong> CIS observes that these financial and management obligations may involve the following topics among others discussed: 1) minimum net worth requirement for registration, 2) minimum investments required to be made government securities, 3) transferring of minimum percentage of net profits to RBI, 4) guidelines regarding corporate governance <strong>[12]</strong>, etc.</p>
<p><strong>3.4.3.</strong> Given this, CIS submits that instead of classifying P2P lending platforms as “Misc NBFCs,” a new sub-classification is created under the category of NBFC for such platforms, that directly addresses the key risks associated with businesses of P2P lending platforms, and protects lenders as well as borrowers while enhancing transparency in operations. This new sub-classification of P2P lending companies should also be divided into systemically-important and non-systemically-important like other NBFCs, and requirements regarding financial operations and corporate management should only be enforced for the former category of P2P lending companies.</p>
<h3>3.5. Any other relevant issues pertaining to P2P lending</h3>
<p>Beyond the issues already discussed above, CIS seek clarity from the RBI around the following aspects:</p>
<ol><li><strong>Transactional system pertaining to P2P lending:</strong>
<ol type="a">
<li>What are the requirements and prerequisites for mandating the collection of user identity?</li>
<li>Establishing a maximum sum that can be transferred per transaction.</li></ol>
</li>
<li><strong>Company activities:</strong>
<ol type="a"><li>Fees that can be charged by platforms.</li>
<li>How data security can be best addressed.</li>
<li>How the financial transactions are brokered.</li>
<li>Modes of redressal.</li>
<li>Restitution to users if something goes amiss in the transaction.</li>
<li>Insurance that the company has to buy or capital on hand to support.</li></ol>
</li></ol>
<p> </p>
<h2>Endnotes</h2>
<p><strong>[1]</strong> See: <a href="https://www.rbi.org.in/scripts/bs_viewcontent.aspx?Id=3164">https://www.rbi.org.in/scripts/bs_viewcontent.aspx?Id=3164</a>.</p>
<p><strong>[2]</strong> See: <a href="http://cis-india.org/">http://cis-india.org/</a>.</p>
<p><strong>[3]</strong> See: <a href="https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/RBIA1934170510.pdf">https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/RBIA1934170510.pdf</a>.</p>
<p><strong>[4]</strong> See Section 45I.(c) of RBI Act, 1923, last amended on January 07, 2013.</p>
<p><strong>[5]</strong> See Section 45I.(c)(v) of RBI Act, 1923, last amended on January 07, 2013.</p>
<p><strong>[6]</strong> See: <a href="https://rbidocs.rbi.org.in/rdocs/content/pdfs/PNNBFC200315.pdf">https://rbidocs.rbi.org.in/rdocs/content/pdfs/PNNBFC200315.pdf</a>.</p>
<p><strong>[7]</strong> See: <a href="http://economictimes.indiatimes.com/small-biz/startups/faircent-com-raises-pre-series-a-funding-of-250k/articleshow/47630279.cms">http://economictimes.indiatimes.com/small-biz/startups/faircent-com-raises-pre-series-a-funding-of-250k/articleshow/47630279.cms</a>.</p>
<p><strong>[8]</strong> See: <a href="https://rbi.org.in/scripts/NotificationUser.aspx?Id=7866">https://rbi.org.in/scripts/NotificationUser.aspx?Id=7866</a>.</p>
<p><strong>[9]</strong> See: <a href="https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=8168">https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=8168</a>.</p>
<p><strong>[10]</strong> See: <a href="http://www.incometaxindia.gov.in/Pages/acts/credit-information-companies-act.aspx">http://www.incometaxindia.gov.in/Pages/acts/credit-information-companies-act.aspx</a>.</p>
<p><strong>[11]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf">http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf</a>.</p>
<p><strong>[12]</strong> See: <a href="https://www.rbi.org.in/scripts/BS_NBFCNotificationView.aspx?Id=3706">https://www.rbi.org.in/scripts/BS_NBFCNotificationView.aspx?Id=3706</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/comments-on-the-rbi-consultation-paper-on-peer-to-peer-lending'>https://cis-india.org/raw/comments-on-the-rbi-consultation-paper-on-peer-to-peer-lending</a>
</p>
No publishersumandroPrivacyReserve Bank of IndiaData ProtectionResearchNetwork EconomiesP2P LendingResearchers at Work2016-06-01T20:21:13ZBlog EntryCISxScholars Delhi - William F. Stafford (Nov 03, 6:30 pm)
https://cis-india.org/raw/cisxscholars-delhi-william-f-stafford-thursday-nov-03
<b>We are delighted to have William F. Stafford, PhD candidate in UC Berkeley, present on "Public Measurements, Private Measurements, and the Convergence of Units" at the CIS office in Delhi on Thursday, Nov 03, at 6:30 pm. Please RSVP if you are joining us: <raw@cis-india.org>.</b>
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<p><em>CISxScholars are informal events organised by CIS for presentation, discussion, and exchange of academic research and policy analysis.</em></p>
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<h2>Public Measurements, Private Measurements and the Convergence of Units</h2>
<p>In this discussion I will focus on a comparison between the standard government prescribed meters for autorickshaws and taxis and the role of ridesharing apps as instruments which take measurements, as the basis for the calculation of fares, and the more general questions which arise for commerce, technology and their regulation. I will organise the paper around the observations of a paratransit operations engineer on the distinction between public and private instruments, and explore the possible implications of new forms of commercialisation of location and proximity and reactions to such developments for understanding questions of fairness and corruption.</p>
<h2>William F. Stafford</h2>
<p>William F. Stafford, Jr., is a PhD candidate in the Department of Anthropology, UC Berkeley. William's research focuses on the auto-rickshaw meter in New Delhi, as a way to engage with classical questions concerning the relationship between measurement, quantification and delimitations of domains of labour. William's general interests concern the analytics of labour and the reconfiguration of what are often taken as its axiomatic aspects. Before joining Berkeley, he studied Sociology at Jawaharlal Nehru University and the Delhi School of Economics.</p>
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For more details visit <a href='https://cis-india.org/raw/cisxscholars-delhi-william-f-stafford-thursday-nov-03'>https://cis-india.org/raw/cisxscholars-delhi-william-f-stafford-thursday-nov-03</a>
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No publishersumandroCISxScholarsData SystemsDigital EconomyResearchers at WorkDigital LabourNetwork EconomiesHomepageEvent2019-03-13T00:30:39ZEventAnushree Gupta - Ladies ‘Log’: Women’s Safety and Risk Transfer in Ridehailing
https://cis-india.org/raw/anushree-gupta-ladies-log-women-safety-risk-transfer-ridehailing
<b>Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Anushree Gupta is the third among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project concerned.</b>
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<p><em>Originally published by the <a href="http://blog.castac.org/category/series/indias-gig-work-economy/" target="_blank">Platypus blog</a> of CASTAC on August, 1, 2019.</em></p>
<h4>Summary of the essay in Hindi: <a href="https://www.youtube.com/watch?v=ty0a_u9lzCE" target="_blank">Audio</a> (YouTube) and <a href="http://blog.castac.org/wp-content/uploads/sites/2/2019/07/Blog-Post-Audio-Transcript-Devanigiri.docx" target="_blank">Transcript</a> (text)</h4>
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<p>Mumbai, India’s financial capital, is also often considered one of the safest cities for women in India, especially in contrast with New Delhi which is infamously dubbed as the “rape capital” within the country. Sensationalised incidents of harassment, molestation and rape serve as anecdotal references and warnings to other women who dare to venture out alone even during the daytime. The Delhi government recently proposed a policy for free transport for women in public buses and metro trains with the objective of increasing women’s affordability and access and to ensure safety in public transportation. [1] Despite such measures to increase women’s visibility and claims to public utilities and spaces, women who use public transport have historically suffered groping and stalking on buses and trains, which uphold self-policing and surveillance narratives. The issue of women’s safety in India remains a priority as well as a good rhetorical claim and goal to aspire to, for public and private initiatives. Ironically, the notion of women’s safety is also advanced to increase moral policing and censure women’s access to public spaces, which also perpetuates exclusion of other marginalised citizens (Phadke 2007). Further, and crucially, whose safety is being imagined, prioritized and designed for (which class of women are central to the imagination of the safety discourse) is often a point of contention.</p>
<p>In this context, ridehailing services offered by Uber and Ola have come to be frequently cited as safer and more reliable options for women to traverse the cityspace, compared to overcrowded buses and trains. Their mobile applications promise accountability and traceability, enforcing safety standards by way of qualified and well-groomed drivers, SOS buttons and location-sharing features. However, it has increasingly become common knowledge that these alternatives are prone to similar, if not worse, categories of crimes against women. While reports of violence against women in cabs have mostly been outside of Mumbai, due to “platform-effects,” such incidents have widespread ramifications for drivers across the country. Cab drivers who operate via cab aggregator platforms have come under heavy scrutiny not only by the corporate and legal infrastructures of aggregator companies but also in the public eye. On the other hand, platform companies independently, and in partnership with city and state administrations, continue to launch “social impact” initiatives aimed at women’s safety as well as employment (through taxi-driving training). [2] Incidents of violence against women present jarring narratives of risk not only for female passengers but also for the platform-workers, both of whom are responsible for abiding by the constructed notions of safety for women in urban spaces.</p>
<p>In this post, I explore women’s presence as workers as well as passengers/customers in the ridehailing platform economy, in the context of women’s safety, situating the analysis with a focus on Mumbai. The related discourses around risk for female commuters give rise to various interventions and women-centric services through female-only cab enterprises and training more women drivers to mitigate this risk. Through these, I will think through the figure of the woman in the ridehailing economy in Mumbai and by extension in India.</p>
<h3><strong>Platforms in Gendered Cityscapes</strong></h3>
<p>Mumbai’s public transport is comprised of the local train network, BEST buses and auto rickshaws, with the metro being the newest addition to the mix. Unlike in most of India, kaali-peelis (black-yellow cabs) have been a permanent feature of Mumbai’s landscape since the 1950s and, taking a cab is not necessarily a luxury. Against this backdrop, platform companies have sought to make the claims of democratizing public transport and providing safer travel options to women in the city.</p>
<p>Cab drivers on ridehailing platforms in Mumbai are usually domestic male migrants or Muslim drivers from within and outside the city, who are more often than not overworked and stressed due to the falling incomes and rising debts. It is important to recognise the ‘veiled masculinities’ (Chopra 2006) which labor to service the emergent platform economy and the hierarchies of caste and class which are sustained through their labor. The incongruence between the masculinity of a working class man and the demands of the service economy (Nixon 2009) exacerbates emotional pressures in customer-facing services, which can offer an explanation for angry outbursts and conflicts between drivers and customers.</p>
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<img src="https://cis-india.org/CIS_APU_DigitalLabour_PlatypusEssays_AG_01.jpg/image_preview" alt="CIS_APU_DigitalLabour_PlatypusEssays_AG_01" class="image-left image-inline" title="CIS_APU_DigitalLabour_PlatypusEssays_AG_01" />
<h5>Uber’s ad on a billboard in Mumbai promises earnings of more than Rs. 1 lakh per month. Using a woman’s image illustrates the extent of their potential for transforming lives and livelihoods. <em>Source: Drivers’ Union Telegram Group</em>.</h5>
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<p>While Uber and Ola claim that a large number of women drivers work on their platforms, actual experiences of passengers and the male drivers I spoke to, suggested otherwise. Ironically, mass driver-training programs are seen as a quick way to make low-skilled and migrant male workers employable in Indian cities while, despite public-private partnerships to train women, it has been impossible to retain women drivers due to stereotypical perceptions of gender and persistent social stigma. [3] This made the ridehailing passenger woman (upper middle class, affording professional) a stakeholder to design for, while female drivers (but all female workers) appeared as liability for platforms.</p>
<p>These narratives speak directly to the construction of insecurity and risk for women (Berrington and Jones 2002) on public transport systems as they highlight vulnerabilities due to public exposure of women’s bodies. Pandering to a moral panic standpoint and creating personalised or ‘inside’ safe spaces for women to manage risk (Green and Singleton 2006), these platforms can then be imagined as a boundary-setting exercise. Access to public spaces is encouraged but it is delimited by confining the woman’s body to a singular vehicle in the custody of the cab driver. Autonomy and access afforded by the platform manages to transform women—particularly upper class and upper caste women who can afford these services—into potential customers. Their agency is bounded though by tasking the driver to ferry her across the otherwise hostile cityscape filled with ‘unfriendly bodies’ (Phadke 2013). The production of the city’s gendered space goes hand in hand with the confinement/erasure of female bodies in the public space as they embody patriarchal norms even in a city as ‘progressive’ as Mumbai. As demonstrated by studies mapping the movement of women in the city (Ranade 2007), the spatio-temporal factors lend themselves to creating gendered bodies in order to keep patriarchal norms intact. These norms, as I argue in this post, are detrimental not just to women but also other marginalised sections of the urban population, in this case platform workers.</p>
<h3><strong>Terms of Safety</strong></h3>
<p>Male drivers’ social identities as lower class, lower caste individuals do not inspire confidence in the standards of safety boasted by these companies in the eyes of their predominantly upper caste and upper class customer base. Risk to female passengers is further exaggerated due to the closed space in which the service is provided, highlighting the proximity to a potential aggressor by way of these platforms. In specific situations wherein a female passenger is inebriated or is travelling alone at night, drivers report being extra cautious and helpful towards her. Many respondents proudly mention going out of their way to make sure women get home safely, for instance, prolonging waiting time or escorting them to the entrance of their residential buildings or involving the security guard at the gate.</p>
<p>However, there have also been cases wherein the driver has been under scrutiny either by an overly careful passenger or by the public. One driver reported being surrounded by a crowd at a traffic signal, only to realise that he was being suspected of foul play with the female passenger who had fallen asleep on the backseat of the car. In contrast to their western counterparts, the class differences between drivers and passengers in India exacerbate doubts, fears and insecurities in India which tend to take a caste-purity angle as well. The woman’s body undergoes an exchange of custody in these instances wherein she is deemed incapable of taking care of herself and requires external assistance. Imagining a deterrence effect of ridesharing services (Park et. al 2017) reinforces the logic of guardianship and protectionism for the woman. The risk of carrying her in the vehicle in these situations is borne by the cab driver, operating under a framework of overbearing protectiveness which holds him culpable for any misgivings, assumed or otherwise.</p>
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<img src="https://cis-india.org/CIS_APU_DigitalLabour_PlatypusEssays_AG_02.jpg/image_preview" alt="CIS_APU_DigitalLabour_PlatypusEssays_AG_02" class="image-left image-inline" title="CIS_APU_DigitalLabour_PlatypusEssays_AG_02" />
<h5>Cautionary listicles advise women to not take a cab alone at night, carrying pepper sprays/umbrellas as tools for self-defence, refrain from conversations with drivers or talk continuously on the phone, among other things. The onus of the woman’s safety is either on the individual herself or the driver who is ferrying her. Moreover, the driver is a likely assailant whom the woman should guard against as well. <em>Source: <a href="https://www.hellotravel.com/stories/10-ways-for-women-to-ensure-safety-when-boarding-cab" target="_blank">HelloTravel</a></em>.</h5>
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<p>Notions of safety and risk are embodied in everyday interactions in urban spaces and mediated by disparate infrastructures of knowledge across distinctions of caste, class and gender. These distinctions define constraints which govern social interactions between actors of these categories. Interactions between lower caste or Muslim men and upper caste/class women are circumscribed by what Tuan (1979) describes as ‘landscapes of fear’. Be it the apprehensions about sharing a ride with a passenger of the opposite sex (Sarriera et. al 2017) or reports of gang-rapes by cab drivers, the boundaries of social conduct are laid out clearly by constructing narratives of risk and safety. The protection of the female body and her sexual safety is not her responsibility alone but that of the society as a whole. The so called preventive measures for rape and violence against women produce the dichotomies of frailty and strength (Campbell 2005) in so far as they project the woman as always at risk with the shadow of a potential assault always looming large.</p>
<p>When asked about interactions with women as customers or fellow drivers, drivers performed exaggerated respectability for women. The catch in these narratives however was that drivers justified and extended respect only to ‘good’ customers, where a ‘good’ woman was a certain kind of a moral actor.</p>
<p>Given the prevailing discontent with redressal mechanisms for workers on the platforms, it was not surprising to witness a group of drivers at the Uber Seva Kendra (help centre) in Mumbai, debating whether they should be accepting requests from any female customers at all. Drivers also had to attend mandatory training sessions for ‘good conduct’ with customers wherein they underwent behavioral correction and gender sensitisation lessons. [4] The gendering of the platform economy is baked into these instructions and trainings that reproduce male drivers as figures of safety and constant positive affect.</p>
<h3><strong>Gender, Safety, and Enterprise</strong></h3>
<p>In my fieldwork, I also came across a slew of ventures run by fleet owners and others that sought to service women passengers and employ women drivers exclusively. Claiming to fill in the gaps of inadequate vetting mechanisms in existing platforms, these alternate ventures purportedly smoothened out some anxieties by eliminating the risk of interacting with a man from different socio-economic strata. The premium charged by these companies was telling of the value of safety and affordability of these services for a large section of their intended audience, namely women with higher disposable incomes residing in metropolitan cities.</p>
<p>On the flipside, these enterprises encouraged women to break stereotypical perceptions about women drivers, also giving a nod to increasing and diversifying opportunities of employment for women. However, these ideas remained attractive only in principle and fizzled out sooner or later as most of these ventures did not succeed. A severe capital crunch due to unsustainable business models, limited funding options and lack of substantial supportive ecosystems for training and upkeep are possible reasons for failure. [5] Even so, the idea of a women-centric service continues to remain valuable because of the promise of safety which is produced through considerations of class, caste, gender and religion (Phadke 2005). Any alternative to avoid interaction with men from a lower class or caste background or from another religion (especially Hindu/Muslim in Mumbai) is welcome in a society which is deeply stratified and entrenched in caste-class systems of religion and economy alike.</p>
<h3><strong>Conclusion</strong></h3>
<p>The pervasiveness of the discourses of safety and risk in the ride hailing space became apparent to me during field research. Respondents indicated a heightened awareness of my gender, referring to me as “madam” and taking measures to ensure my safety. They advised me to use a separate phone to interact with drivers and moderated my interactions with drivers on the Telegram group (run by one of the Unions in Mumbai). Union representatives were also diligent in moderating the group to filter out abusive language as a token of respect for women. My apprehensions in interacting with drivers, most of whom were older men from a lower class/caste community, were also indicative of my social conditioning as an upper class and upper caste woman. Self-policing and boundary setting in both physical and virtual interactions, while necessary to some extent, were often rendered useless as the shifting of risks became apparent to me in my interactions with the drivers.</p>
<p>In this piece, I have tried to show how gendered norms govern the construction of safety and risk which in turn regulate social interactions. Limiting exposure in a personal cab as opposed to a public bus/train also heightens considerations of intimacy and proximity to a potential aggressor (often from a marginalised sociocultural background). Women-centric cab services mitigate this by promoting the image of the female driver who breaks social norms. However, these services dwindle till they completely disappear due to a capital crunch or insufficient infrastructural support. Patriarchal contexts reaffirm the woman as a risky object by highlighting narratives of vulnerabilities and insecurities in the ridehailing space. Besides the woman, the cab drivers are held accountable for bearing this risk and ensuring her sexual and physical safety. These patriarchal hierarchies of protectionism are sustained by platform workers’ affective labour which lubricate the wheels of the platform economy.</p>
<h3><strong>Endnotes</strong></h3>
<p>[1] <a href="https://www.thehindu.com/news/cities/Delhi/free-rides-for-women-only-the-starting-point-say-activists/article28111938.ece" target="_blank">https://www.thehindu.com/news/cities/Delhi/free-rides-for-women-only-the-starting-point-say-activists/article28111938.ece</a></p>
<p>[2] <a href="https://www.olacabs.com/media/in/press/ola-foundation-launches-drive-to-enable-sustainable-livelihoods-for-500000-women-by-2025" target="_blank">https://www.olacabs.com/media/in/press/ola-foundation-launches-drive-to-enable-sustainable-livelihoods-for-500000-women-by-2025</a></p>
<p>[3] <a href="https://www.buzzfeed.com/soniathomas/girl-power" target="_blank">https://www.buzzfeed.com/soniathomas/girl-power</a></p>
<p>[4] <a href="https://yourstory.com/2018/11/uber-gender-awareness-sensitisation-driver" target="_blank">https://yourstory.com/2018/11/uber-gender-awareness-sensitisation-driver</a></p>
<p>[5] <a href="https://www.livemint.com/Companies/bo4534H8mOWo0oG6VQ0xbM/As-demand-for-womenonly-cab-services-grow-challenges-loom.html" target="_blank">https://www.livemint.com/Companies/bo4534H8mOWo0oG6VQ0xbM/As-demand-for-womenonly-cab-services-grow-challenges-loom.html</a></p>
<h3><strong>References</strong></h3>
<p>Berrington, E. and Jones, H., 2002. Reality vs. myth: Constructions of women’s insecurity. Feminist Media Studies, 2(3), pp.307-323.</p>
<p>Campbell, A., 2005. Keeping the ‘lady’ safe: The regulation of femininity through crime prevention literature. Critical Criminology, 13(2), pp.119-140.</p>
<p>Chopra, R., 2006. Invisible men: Masculinity, sexuality, and male domestic Labor. Men and Masculinities, 9(2), pp.152-167.</p>
<p>Green, E. and Singleton, C., 2006. Risky bodies at leisure: Young women negotiating space and place. Sociology, 40(5), pp.853-871.</p>
<p>Nixon, D., 2009. I Can’t Put a Smiley Face On’: Working‐Class Masculinity, Emotional Labour and Service Work in the ‘New Economy. Gender, Work & Organization, 16(3), pp.300-322.</p>
<p>Park, J., Kim, J., Pang, M.S. and Lee, B., 2017. Offender or guardian? An empirical analysis of ride-sharing and sexual assault. An Empirical Analysis of Ride-Sharing and Sexual Assault (April 10, 2017). KAIST College of Business Working Paper Series, (2017-006), pp.18-010.</p>
<p>Phadke, S., 2005. ‘You Can Be Lonely in a Crowd’ The Production of Safety in Mumbai. Indian Journal of Gender Studies, 12(1), pp.41-62.</p>
<p>Phadke, S., 2007. Dangerous liaisons: Women and men: Risk and reputation in Mumbai. Economic and Political Weekly, pp.1510-1518.</p>
<p>Phadke, S., 2013. Unfriendly bodies, hostile cities: Reflections on loitering and gendered public space. Economic and Political Weekly, pp.50-59.</p>
<p>Ranade, S., 2007. The way she moves: Mapping the everyday production of gender-space. Economic and Political Weekly, pp.1519-1526.</p>
<p>Raval, N. and Dourish, P., 2016, February. Standing out from the crowd: Emotional labor, body labor, and temporal labor in ridesharing. In Proceedings of the 19th ACM Conference on Computer-Supported Cooperative Work & Social Computing (pp. 97-107). ACM.</p>
<p>Sarriera, J.M., Álvarez, G.E., Blynn, K., Alesbury, A., Scully, T. and Zhao, J., 2017. To share or not to share: Investigating the social aspects of dynamic ridesharing. Transportation Research Record, 2605(1), pp.109-117.</p>
<p>Tuan, Y.F., 2013. Landscapes of fear. U of Minnesota Press.</p>
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For more details visit <a href='https://cis-india.org/raw/anushree-gupta-ladies-log-women-safety-risk-transfer-ridehailing'>https://cis-india.org/raw/anushree-gupta-ladies-log-women-safety-risk-transfer-ridehailing</a>
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No publisherAnushree GuptaDigital LabourResearchPlatform-WorkNetwork EconomiesPublicationsResearchers at WorkMapping Digital Labour in India2020-05-19T06:29:12ZBlog Entry