Centre for Internet and Society

Atmanirbhar Bharat Meets Digital India: An Evaluation of COVID-19 Relief for Migrants

ankan — 2021-06-03T12:53:57Z

With the onset of the national lockdown on 24th March 2020 in response to the outbreak of COVID-19, the fate of millions of migrant workers was left uncertain. In addition, lack of enumeration and registration of migrant workers became a major obstacle for all State Governments and the Central Government to channelize relief and welfare measures.

A majority of workers were dependent on relief provided by NGOs, Civil Society Organizations and individuals or credit via kinship networks. With mounting domestic and international pressures, various relief and welfare schemes were rolled out but they were too little, too late and more often than not characterised by poor implementation.

The aim of this report is to qualitatively assess health conditions of migrant workers and access to welfare during the first COVID-19 lockdown. The primary focus is on the host states of Tamil Nadu, Maharashtra and Haryana. 20 in-depth interviews were conducted remotely with migrant workers working in various sectors. Their access to welfare schemes of the Central Government as well as of their host states was ascertained. Emphasis was also laid on their access to healthcare facilities in relation to COVID-19 and non-COVID-19 ailments.

The findings of the report showcase a dismal state of affairs. No one in our sample group received any kind of dry ration or cooked food in a sustained manner and, in the rare occasions when they did, it was woefully inadequate. Of the three states considered, we found that relief distribution was the best in Tamil Nadu followed by Maharashtra and then Haryana. Even the Direct Cash Transfer Scheme of the Central Government under ‘Atmanirbhar Bharat’ did not reach the migrant workers. Moreover, the migrant workers were apprehensive to report any COVID-19 related symptom due to the draconian treatment that followed therein and the crumbling healthcare sector made it impossible to avail facilities in non-COVID-19 related issues. Lastly, a case has been made for the creation of bottom-level infrastructures to further dialogue between various stakeholders, including associations of migrant workers, for the implementation of schemes and policies which can consolidate migrant workers as a relevant political subject. As migrant workers reel from the impact of the second wave, pushing for on-ground infrastructure and supporting community-based organisations becomes even more urgent.

Click here to read the report authored by Ankan Barman and edited by Ayush Rathi. [PDF, 882 kb]

For more details visit https://cis-india.org/raw/migrant-workers-solidarity-network-and-cis-ankan-barman-atmanirbhar-bharat-meets-digital-india-an-evaluation-of-covid-19-relief-for-migrants

Atmanirbhar Bharat Meets Digital India

ankan — 2021-06-03T12:32:47Z

For more details visit https://cis-india.org/raw/files/atmanirbhar-bharat-meets-digital-india.pdf

The Many Languages of Digital Infrastructures

PP Sneha and Anasuya Sengupta — 2021-06-02T16:05:43Z

This essay by Puthiya Purayil Sneha and Anasuya Sengupta outlines some of the key challenges in digitalisation and representation of non-dominant/marginalised languages on the internet today, through reflections on two recent projects related to languages and the internet. The essay has been published in Seminar Magazine, as part of its thematic focus this month on 'Navigating Language in a Digital Age.'

The ongoing pandemic has compelled much needed reflection on questions of access and infrastructure in India, especially during a time that has rendered the internet and digital technologies as essential, and in many ways the ‘new normal’.Even as we have been coming to terms with how best to cope with a myriad set of new regulations for public and private life now, framed with the promise of a ‘digital India’ in mind, the need to create diverse, inclusive and equitable information societies has become the need of the hour. Linguistic barriers in particular, in reading, writing and speaking in multiple languages on digital interfaces remain persistent today across the world, especially for marginalized and non-dominant communities.

This essay outlines some of the challenges in digitalisation and representation of non-dominant/marginalised languages on the internet today, through reflections on two recent initiatives related to languages and the internet. The first is a forthcoming report on the ‘State of the Internet’s Languages’ (STIL), led by Whose Knowledge? in collaboration with the Oxford Internet Institute and Centre for Internet and Society. The second is a series of collaborative and exploratory short-term research projects on Wikimedia platforms and communities in India, undertaken by team members of the Access to Knowledge programme at CIS. Both projects aim to map and address some of these issues related to the representation and usability of diverse languages on the internet.

Click here to read the full essay published in Seminar Magazine.

For more details visit https://cis-india.org/raw/india-seminar-pp-sneha-and-anasuya-gupta-the-many-languages-of-digital-infrastructures

Sameet Panda - Data Systems in Welfare: Impact of the JAM Trinity on Pension & PDS in Odisha during COVID-19

Sameet Panda — 2021-02-26T07:36:10Z

This study by Sameet Panda tries to understand the integration of data and digital systems in welfare delivery in Odisha. It brings out the impact of welfare digitalisation on beneficiaries through primary data collected in November 2020. The researcher is thankful to community members for sharing their lived experiences during course of the study. Fieldwork was undertaken in three panchayats of Bhawanipatna block of Kalahandi district, Odisha. Additional research support was provided by Apurv Vivek and Vipul Kumar, and editorial contributions were made by Ambika Tandon (Senior Researcher, CIS). This study was conducted as part of a project on gender, welfare, and surveillance, supported by Privacy International, UK.

Report: Download (PDF)

Extract from the Report

The COVID-19 pandemic has accelerated flaws in social institutions as never before - threatening food security, public health systems, and livelihood in the informal sector. At the time of writing this report, India is the second-worst affected country in the world with over 9.8 million confirmed cases and more than 1.4 hundred thousand deaths. Unemployment has been increasing at an alarming rate, from 6.67 to 7 percent in October...

Following the national lockdown, many families belonging to low-income groups and daily wage earners found themselves stranded without money, food or credit from their employers. During the strict lockdown of the economy between March to June 2020 lakhs of migrants faced starvation in cities and walked back home. The government responded with some urgent measures, although inadequate. To cope with the food and economic crisis the Government of India and state governments initiated several social protection schemes. In Odisha, The central government provided two kinds of support, cash transfer through Direct Benefit Transfer (DBT) MGNREGS, Pradhan Mantri Jan Dhan Yojana (PMJDY) and Pradhan Mantri Ujjwala Yojana (PMUJ), advance release of pension in cash to existing beneficiaries and cash support of Rs. 1000. The Odisha government provided cash support of Rs. 1000 to ration card holding families. Beneficiaries of the Public Distribution System also received free-of-cost food grain under the Pradhan Mantri Garib Kalyan Anna Yojana...

Over the last couple of years, along with making the Aadhaar mandatory, the government has also been working towards linking mobile numbers and bank accounts of beneficiaries. An increasing number of schemes are shifting to Direct Benefit Transfer from in-kind or cash benefits - 324 schemes under 51 ministries of the Government of India. Such schemes are relying on the linkage of Jan Dhan accounts, the Aadhaar, and mobile numbers (the “JAM trinity”) to facilitate access to Direct Benefit Transfers. The Economic Survey 2015-16 has pointed out that without improving mobile penetration and rural banking infrastructure making the JAM trinity mandatory would continue to lead to exclusions. The issues with each of the components of the JAM trinity worsened during the COVID-19 crisis with restrictions on physical movement, difficulties in topping up mobile phone accounts, and enrolling for the Aadhaar or addressing other technical issues.

This report assesses the role of the data system in welfare delivery. It focuses on the impact of the three components of the JAM trinity - Jan Dhan Account, mobile numbers and the Aadhaar on Direct Benefit Transfer, social security pension and the Public Distribution System. The objective of this study is to understand the challenges faced by beneficiaries in accessing PDS and pension as a result of digitisation processes. This includes failures in Direct Benefit Transfers and exclusions from databases, particularly during the COVID-19 pandemic. The study focuses on gender as a key component shaping the impact of digitisation on beneficiaries. The sample includes both men and women beneficiaries in order to identify such gendered differences. It will also identify infrastructural constraints in Odisha that impact the implementation of digital systems in welfare. Also, it will analyse policy frameworks at central and state levels, to compare their discourse with the impact on the ground.

For more details visit https://cis-india.org/raw/sameet-panda-jam-trinity-pension-pds-odisha-covid-19

Reclaiming the right to privacy: Researching the intersection of privacy and gender

Ambika Tandon and Aayush Rathi — 2021-01-25T10:42:51Z

It was our privilege to be supported by Privacy International, UK, during 2019-2020, to undertake a research project focusing on reproductive health and data surveillance, and to engage on related topics with national civil society groups. Our partner organisations who led some of the research as part of this project are grassroots actors - Domestic Workers Rights Union, Migrant Workers Solidarity Network, Parichiti, Samabhabona, Rainbow Manipur, and Right to Food Campaign. Here we are compiling the various works supported by this project co-led by Ambika Tandon, Aayush Rathi, and Sumandro Chattapadhyay at the Centre for Internet and Society, India.

Previous research conducted by CIS on the subject of sexual and reproductive health (SRH) services in India observes that there is a complex web of surveillance, or ‘dataveillance’, around each patient as they avail of SRH services from the state. [1] In this project on ‘researching the intersection of privacy and gender’, we aimed to map the ecosystem of surveillance around SRH services as their provision becomes increasingly ‘data-driven’, and explore its implications for patients and beneficiaries.

Through this project, we were interested in documenting the roles played by both the public and the private sector actors in this ecosystem of health surveillance. We understand the role of private sector actors as central to state provision of sexual and reproductive health services, especially through the institutionalisation of data-driven health insurance models, as well as through extensive privatisation of public health services.

We supported studies on a range of topics that constitute the experience of sexual and gender minorities and women when accessing public health and welfare systems, including the treatment of trans persons by law and welfare systems in India, access to abortion and maternity benefits for low income women, access to ART treatments by PLHIV, and so on.

We found that many respondents had no information about welfare schemes despite being eligible, while many others were excluded from them because they did not have Aadhaar cards and other ID documents, or because of errors and inconsistencies in the same. Direct benefit transfer schemes also required mobile phone linkage and active Aadhaar-seeded bank accounts, which added another layer of requirements and excluded vulnerable populations. We also found that respondents had very little information about the storage and sharing of their data, which raises questions about the possibility of implementing complex consent architectures for digitised health data as imagined by the Indian government through policies such as the Non Personal Data Governance Framework. We found that populations that carry stigma are most likely to be excluded from health and welfare access as a result of data collection, including trans groups, PLHIV, and single women or adolescent girls seeking abortion.

Please find below the various works undertaken as part of this project. We hope these works will be useful for civil society organisations, grassroots organisations, and reproductive rights organisations.

Article

Raina Roy. (July 18, 2020). Coronavirus: Kolkata’s trans community has been locked out of healthcare and livelihood. Scroll.in. https://scroll.in/article/968182/coronavirus-kolkatas-trans-community-has-been-locked-out-of-healthcare-and-livelihood

Rosamma Thomas. (November 02, 2020). Citizen data and freedom: The fears of people living with HIV in India. GenderIT. https://www.genderit.org/articles/citizen-data-and-freedom-fears-people-living-hiv-india

Sameet Panda. (November 25, 2020). One ration card, many left behind. Indian Express. https://indianexpress.com/article/opinion/one-ration-card-many-left-behind/

Sameet Panda (January 11, 2020). One Nation One Ration Card in Odisha - Only Pain, No Gain. Sanchar, page 6. https://sancharodisha.com/

Santa Khurai. (June 18, 2020). 'I feel the pain of having nowhere to go': A Manipuri trans woman recounts her ongoing lockdown ordeal. Firstpost. https://www.firstpost.com/india/i-feel-the-pain-of-having-nowhere-to-go-a-manipuri-trans-woman-recounts-her-ongoing-lockdown-ordeal-8494321.html

Shreya Ila Anasuya. (December 21, 2020). How India’s Healthcare System Lets Down Trans Men. Go Mag. http://gomag.com/article/heres-what-its-like-to-be-a-trans-man-in-india/

Policy Response

Aayush Rathi, Aman Nair, Ambika Tandon, Pallavi Bedi, Sapni Krishna, and Shweta Mohandas. (September 13, 2020). Inputs to the Report on the Non-Personal Data Governance Framework. The Centre for Internet and Society. https://cis-india.org/raw/inputs-to-report-on-non-personal-data-governance-framework/

Report

Anchita Ghatak. (December 30, 2020). Domestic Workers’ Access to Secure Livelihoods in West Bengal. Parichiti. https://cis-india.org/raw/parichiti-domestic-workers-access-to-secure-livelihoods-west-bengal

Endnotes

[1] Aayush Rathi, Is India's Digital Health System Foolproof? (2019)
Aayush Rathi and Ambika Tandon, Data Infrastructures and Inequities: Why Does Reproductive Health Surveillance in India Need Our Urgent Attention? (2019)
Ambika Tandon, Feminist Methodology in Technology Research: A Literature Review (2018)
Ambika Tandon, Big Data and Reproductive Health in India: A Case Study of the Mother and Child Tracking System (2019)

For more details visit https://cis-india.org/raw/reclaiming-the-right-to-privacy-researching-the-intersection-of-privacy-and-gender

Blinkit protests: For gig workers, there is no income security – and little legal recourse

Aditi Surie and Ambika Tandon — 2023-07-04T07:30:52Z

Aditi Surie and Ambika Tandon co-authored an opinion essay on the reasons behind a week-long strike by workers of Blinkit — a popular hyperlocal delivery platform. The protests were in response to changes in Blinkit’s policies that will halve workers’ pay.

The article was published in the Indian Express on April 20, 2023.

By calling themselves 'intermediaries' platforms are reducing workers' incomes, increasing labour insecurity.

Blinkit delivery agents have been on strike for a week as a reaction to changes that will halve their monthly incomes. The protests started after the company changed the basis on which they will get paid, and how much they will get paid. These two factors: The calculation of “wages” and the actual sum of money earned have been at the heart of many gig worker protests over the years. Uber and Ola drivers have protested about big drops in their income over the years. The Blinkit protests last week are a reminder of the kind of problems that are specific to gig-platform workers. Gig-platform worker wages can be changed quickly, and are at the mercy of much larger forces in a platform company like Blinkit.

Despite being labelled self-employed independent contractors by companies, platform workers have little control over their terms of work. They have to get used to platforms dictating how much they earn per task if they want to work. But to change the entire structure of pay has made many workers feel defrauded and lied to. Until these changes, Blinkit used to pay workers through an assured base pay of Rs 25 with incentives on top that nudged workers to work more, faster, or on particular days. As per workers’ accounts, this allowed them to earn Rs 6,000 to 7,000 a week with a degree of certainty, with Rs 1,400 to 1,500 being spent on fuel and other expenses. The base pay had already been reduced last year from Rs 50 despite rising fuel costs and inflation driving up costs of survival. In the current instance of policy change, the company provided no prior information to workers that they would, now, be paid for each kilometre they drive. Platforms like to call this “effort”-based pay. The effort here is how far your motorcycle runs and has little to do with how much real effort it takes to complete a delivery. For Blinkit, which provides grocery delivery within a 2-km radius, the chance for workers to make a secure income is low. Their incomes also depend on the rate for each kilometre ridden. This rate always changes, but most delivery agents do not know when it will change. It can change at any given day or week, or time in the day so that there is no surety on how much a worker will take home any given week.

Incentive-driven payout structures have “gamified” platform work, such that workers are forced to compete for an increasing number of tasks within compressed periods with the promise of bonus pay. These structures are constantly shifting, with workers complaining that companies reduce their task allocations so they are unable to meet their incentives. This level of volatility and uncertainty is a hallmark of taxi and delivery platforms.

To access the full article, log on to Indian Express web page

For more details visit https://cis-india.org/raw/indian-express-aditi-surie-and-ambika-tandon-april-20-2023-blinkit-protests-for-gig-workers-there-is-no-income-security

Platforms, Power and Politics: Digital Labour in India

ambika — 2021-07-20T02:42:47Z

The Centre for Internet & Society (CIS) invites you to a webinar wherein it will launch and present four research reports on digital labour in India. The webinar will be hosted on July 28, 2021 at 5 p.m. (IST) / 11.30 a.m. (UTC)

Click here to register for the Event Now

Download the brochure of the Event here

Few recent developments in labour and employment have attracted as much attention as the expansion of platform economies. Spanning a range of services and industries, digital platforms have become a permanent fixture in upper-class urban consumption in India.

In this webinar, we will launch and present four research reports on digital labour in India, hosted at the Centre for Internet and Society. Together, they uncover aspects of labouring in three dominant industries of platform work: logistics, transportation, and domestic and care work. These works were supported separately by the Azim Premji University and Foundation, and the Feminist Internet Research Network (incubated by the Association for Progressive Communications).

Informed by deep ethnographic work, these reports unpack the contours of power, control and resistance that shape the experience and outcomes of working for digital platforms. The reports arrive at the ways in which platforms, as moving techno-social assemblages [1] distribute risk and reward in ways that implicate the livelihoods, agency, and bargaining power of actors across digital platforms’ value chains.

Each of these reports also contributes towards developing a southern understanding platform work. In contexts where there is an increasing reliance on technology providers for developmental outcomes and provision of public services, and informality is the dominant labour market structure, what does it mean to work on digital platforms? By situating the histories of informal work in India, and the intersectional identities constituting informality, these reports highlight how digital platforms can both reinforce and reorient the transaction of informal service work.

With restrictions on public mobility and the “hygiene theatre”[2]resulting from the outbreak of covid-19, digital labour platforms have sought to entrench their position in urban India as providers of ‘essential services’. As digital platforms gain centre-stage in India’s various marketplaces, it becomes all the more urgent to collectively reflect upon languages of strategic intervention that can enable a worker-first and southern imagination of digital platform work, and grassroots as well as policy thought around it.

We invite researchers, practitioners, activists and students from across disciplines to join us in this venture.

The event will be segmented into 4 presentations (of 10-12 minutes each), with space for discussion and feedback at the end of each presentation. The detailed agenda, and a reading list are provided below.

Agenda

5.00 p.m.: Introduction

5.05 p.m. Session 1: Perspectives from platformisation of domestic and care work in India - Ambika Tandon and Aayush Rathi, Centre for Internet and Society

5.25 p.m.: Session 2: Promise and prescriptions in the platformisation of food delivery work in Mumbai - Simiran Lalvani, University of Oxford

5.45 p.m.: Break

5.50 p.m.: Session 3: ‘Taxi’ nahi chalata hoon main (I don’t drive a Taxi): Flexibility and risk in the Ridehailing platform economy in Mumbai - Anushree Gupta, IIT Hyderabad

6.10 p.m.: Session 4: The unbearable lightness of being: Performing precarious cab-driving in Delhi - Sarah Zia, Independent researcher

6.30 p.m.: Discussion and Closing

Moderator: Noopur Raval, AI Now

Reading List

Ambika Tandon and Aayush Rathi (2021). Platforms, Power and Politics: Perspectives from Domestic and Care Work in India.
Through exhaustive platform-mapping and feminist ethnographic work, the authors uncovers the implications of digital platforms’ operations on domestic and care workers’ civil liberties, social protection, and gainful work outcomes. Access the full report here.
Simiran Lalvani (2019). Workers’ fictive kinship relations in Mumbai app-based food delivery.
This essay unpacks the kinship term bhai (brother) in order to understand the implications of such kinship sedimentations on food delivery work in Mumbai. Complicating the notion of an atomised worker, it details how having a fictive kinship ties with a bhai eases entry to platform work, upon joining ties guide negotiation with the discipline imposed by the employer and reflects on the experience of women workers. Read the essay here.
Sarah Zia (2019). Not knowing as pedagogy: Ride-hailing drivers in Delhi.
Ride-hailing platforms have “disrupted” public transport in India since their arrival but what hasn’t received enough attention is how these platforms create a deliberate regime of information invisibility and control to keep the drivers constantly on their toes which works to the companies’ advantage. This essay explores how the lack of transparency around algorithmic structures not only prohibits drivers from knowing completely and surely about their work (“why did I get this ride?”, “why did my ratings drop?”) but also how they build tactics of coping and earning from a place of unknowing. Read the essay here.
Anushree Gupta (2019). Ladies ‘Log’: Women’s Safety and Risk Transfer in Ridehailing.
Gig work produces new risks and safety concerns that require new mediations and negotiations. This post outlines the gendered cityscapes that drivers in the ride hailing sector navigate on an everyday basis. Building on insights from fieldwork in the ridehailing economy in Mumbai, the essay argues that drivers rely not only on their spatial knowledge of the city, but also on social knowledge that genders social exchange, predicates identities and draws boundaries. Analysing women’s presence as workers and passengers/customers, the author highlights the figure of the woman and the gendered forms of labour that underpin gig workers’ everyday realities. Read the essay here.
Noopur Raval (2019). Power Chronography of Food-Delivery Work.
This essay 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. Read the essay here.
Simiran Lalvani (2021). Sexual contracts of app-based food delivery: An examination of social reproduction through feeding and being fed in Mumbai, India.
What happens to socially reproductive norms of feeding when apps seem to democratise work? How does this work mediate the tension between workers’, consumers’ choices and the prescription of dominant norms about feeding and being fed? This paper examines the socio-cultural burdens and risks that arise for workers and customers through 3 interrelated aspects – (i) household requirements of food delivery work, (ii) the definition, social meanings and anxieties associated with eating out and (iii) how platforms make anxiety inducing outside food popular, if not palatable. Read the chapter here.

[1] Edwards, D.W. and B. Gelms. (2018). ‘The rhetorics of platforms: Definitions, approaches, futures’, Present Tense: Special Issue on the Rhetoric of Platforms, 6(3).

[2] Thompson, D. (July 27, 2020). Hygiene Theater Is a Huge Waste of Time. The Atlantic. Available at https://www.theatlantic.com/ideas/archive/2020/07/scourge-hygiene-theater/614599/

For more details visit https://cis-india.org/raw/platforms-power-and-politics-digital-labour-in-india

Parichiti - Domestic Workers’ Access to Secure Livelihoods in West Bengal

Anchita Ghatak — 2020-12-30T10:01:36Z

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.

Domestic Workers’ Access to Secure Livelihoods in West Bengal: Read (PDF)

Cross-posted from Parichiti.

Executive Summary

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.

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.

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.

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.

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.

For more details visit https://cis-india.org/raw/parichiti-domestic-workers-access-to-secure-livelihoods-west-bengal

Inputs to the Report on the Non-Personal Data Governance Framework

sumandro — 2020-12-30T09:40:52Z

This submission presents a response by researchers at the Centre for Internet and Society, India (CIS) to the draft Report on Non-Personal Data Governance Framework prepared by the Committee of Experts under the Chairmanship of Shri Kris Gopalakrishnan. The inputs are authored by Aayush Rathi, Aman Nair, Ambika Tandon, Pallavi Bedi, Sapni Krishna, and Shweta Mohandas (in alphabetical order), and reviewed by Sumandro Chattapadhyay.

Text of submitted inputs: Read (PDF)

Report by the Committee of Experts on Non-Personal Data Governance Framework: Read (PDF)

Inputs

Clause 3.7 (v): The role of the Indian government in the operation of data markets

While highlighting the potential for India to be one of the top consumer and data markets of the world, it also sheds light on the concern about the possibility of data monopolies. The clause envisions the role of the Indian government as a regulator and a catalyst for domestic data markets.

In doing so, the clause does not acknowledge that the proactive and dominant roles of the Indian government in generation and reuse of data, based on the existing data collection practices, as well as the provisions that have been given, as under the compulsory sharing provisions in the Report, and would continue to be given by the Personal Data Protection Bill. In reality, the Indian government’s role is not just of a catalyst but also of a key player, potentially with monopolistic market power, in the domestic data market, especially due to the ongoing data marketplace initiatives as detailed in published policy and vision documents. [1]

Clause 3.8 (iv): Introducing collective privacy

The introduction of collective privacy has initiated an overdue discussion at the policy level to arrive at privacy formulations that account for limitations in the contemporary dominant social, legal and ethical paradigms of privacy premised on individual interests and personal harm. The notion of collective privacy has garnered contemporary attention with the rise of data processing technologies and business models that thrive on the collection and processing of aggregate information.

While the Report acknowledges that collective privacy is an evolving concept, it doesn’t attempt to define either collective or what privacy could entail in the context of a collective. The postulation of collective privacy as a legally binding right is bereft with challenges in both domestic and international legal frameworks. [2]

Central to these challenges is the representation of the group of the entity. While the Report illustrates harms that may be incurred by certain collectives that collective privacy could protect against, these illustrated collectives are already recognised in law as rights-holding groups (society members, for example), and/or share pre-determined attributes (sexual orientation, for example).

The Report does not acknowledge that the very technological processes that may have rendered the articulation of collective privacy necessary, also are intended to create ad-hoc and newer sets of individuals or groups with shared attributes. [3] In doing so, the Report furthers an ontology of groups having intuitive, predetermined attributes that exist naturally, or in law, whereas the intervention of data collection and processing technologies can determine shared group attributes afresh. Moreover, the Report also ignores that predetermined attributes are static, and in doing so, ignores a vast existing literature speaking to fluidity of identities and the intersectionality of identities that individuals in groups occupy. [4] We fully appreciate the challenges these pose in the determination of the legal contours of collective privacy. Much of the Report’s recommendations are premised on the idea of a predetermined collective, rendering more granular exploration of these ideas urgent.

Further, the Report also puts forth a limited conception of privacy as a safeguard against data-related harms that may be caused to collectives. In doing so, it dilutes the conceptualisation of individual privacy as articulated in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. Notwithstanding this dilution, the illustrations also only indicate harms that may be caused by private actors. Any further recommendations should envision the harms that may also be caused by public data-driven processes, such as those incubated within the state machinery.

Clause 4.1 (iii) and Recommendation 1: Defining Non-Personal Data

The Report proposes the definition of non-personal data to include (i) data that was never related to an identified or identifiable natural person, and (ii) aggregated, anonymised personal data such that individual events are “no longer identifiable”. In doing so, they have attempted to extend protections to categories of data that fall outside the ambit of the Personal Data Protection Bill, 2019 (hereafter “PDP Bill”). The Report is cognizant of the fallible nature of anonymization techniques but fails to indicate how these may be addressed. The test of anonymization in regarding data as non-personal data requires further clarification. Anonymization, in and of itself, is an ambiguous standard. Scholarship has indicated that anonymised data may never be completely anonymous. [5] Despite this, the PDP Bill proposes a high threshold of zero-risk of anonymization in relation to personal data, to mean “such irreversible process of transforming or converting personal data to a form in which a data principal cannot be identified”. From a plain reading, it appears that the Report proposes a lower threshold of the anonymization requirements governing non-personal data. It is unclear how non-personal data would then be different from inferred data as described within the definition of personal data under the PDP Bill. This adds regulatory uncertainty making it imperative for the Committee to articulate bright-line, risk-based principles and rules for the test of anonymization. Such rules should also indicate the factors that ought to be taken into account to determine whether anonymization has occurred and the timescale of reference for anonymization outcomes. [6]

The recommendation also states that the data principal should "also provide consent for anonymisation and usage of this anonymized data while providing consent for collection and usage of his/her personal data". However the framing of this recommendation fails to mention the responsibility of the data fiduciary to provide notice to the data principal about the usage of the anonymized data while seeking the data principal’s consent for anonymization. The notice provided to the data principal should provide clear indication that consent of the data principal is based on their knowledge of the use of the anonymized data.

Clause 4.8 (i), (ii): Function of data custodians

The Report does not make it clear who may perform the role of data custodians. The use of data fiduciary indicates the potential import of the definition of ‘data fiduciary’ as specified under Clause 3.13 of the PDP Bill. However, this needs to be further clarified.

Clause 4.8 (iii): Data custodians’ “duty of care”

As is outlined in the following section on data trustees, it can be difficult for a singular entity to maintain a duty of care and undertake actions with the best interest of a community when that community consists of sub-communities that may be marginalised. Further, ‘duty of care’, ‘best interest’, and ‘absence of harm’ are not sufficient standards for data processing by data custodians. Recommendations to the effect of obligating data custodians to uphold the rights of data principals, including economic and fundamental rights need to be incorporated in the framework.

Clause 4.9: Data trustees

The committee’s suggestion that the “most appropriate representative body” should be the data trustee—that often being either the corresponding government entity or community body— is reasonable at face value. However, in the absence of any clear principles defining what constitutes “most appropriate” there are a number of potential issues that can appear:

Lack of means for selecting a data trustee: The report makes note of the fact that both private and public entities can be selected to be data trustees but offers no principles on how these data trustees can be selected, i.e. whether they are to be directly selected by the members of a community, and if so how. Any selection criteria or process prescribed has to keep in mind the following point regarding the potential lack of representation for marginalised communities that could arise from a direct selection of a data trustee by a group of people.

Issues of having a single data trustee for large scale communities and when dealing with marginalised communities: The report assumes that in instances wherein a community is spread across a geographic region, or consists of multiple sub-communities, then the data trustee will be the closest shared government authority (for example, the Ministry of Health and Family Welfare, Government of India being the data trustee for data regarding diabetes among Indian citizens).

This idea of a singular data trustee assumes that the ‘best interests’ of a community are uniform across that community. This can prove problematic especially when dealing with data obtained from marginalised communities that forms a part of a wider dataset. It is entirely possible to imagine that a smaller disenfranchised community may have interests that are not aligned with the general majority. In such a situation the Report is unclear as to whether the data trustee would have to ensure that the best interests of all groups are maintained, or would they be responsible for ensuring the best interests of the largest number of people within that community. There are power differentials between citizens, government agencies, and other entities described by the Report. This places citizens at risk of abuse of power by government entities in their role as trustees, who are effectively being empowered through this policy framework as opposed to a representative mechanism. It is recommended that data trustees be appointed by relevant communities through clear and representative mechanisms. Additionally, any individual should be able to file complaints regarding the discharge of community trust by data trustees. This is necessary as any subsequent rights vested in the community can only be exercised through the data trustee, and become unenforceable in the lack of an appropriate data trustee.

Any legislation that arises on the basis of this report will therefore have to not only provide a means for selecting the data trustee, but also safeguards for ensuring that data collected from marginalised communities are used keeping in mind their specific best interests—with these best interests being informed through consultation with that community.

Clause 4.10 (iii): Data trusts

Section 4.10 (iii) notes that data custodians may voluntarily share data in these data trusts. However it is unclear if such sharing must be done with the express consent of the relevant data trustee.

Clause 4.10 (iv): Mandatory sharing and competition

The fundamental premise of a mandatory data sharing regime seems increasingly distant from its practical impacts. The EU which earlier championed the cause now seems reluctant to further it on the face of studies which skews towards counteractive impacts of such steps. Such steps could apply to huge volumes of first-party data companies collect on their own assets, products and services, even though such data are among the least likely to create barriers to entry or contribute to abuses of dominant positions. [7] This is hence likely to bring in more chilling effect on innovation and investment than a pro-competition environment. The velocity of big data also adds to the futility of such data sharing mandates. [8] It is recommended that a sectoral analysis of this mandate be undertaken instead of an overarching stipulation.

The Report suggests extensive data sharing without addressing the extent of obligation on the private players to submit to these requests and process them. The availability of meta-data about the data collected may be made easily accessible under mandates of transparency. However, the access to the detailed underlying data will be difficult in most cases due to the current structure of entities functioning in cyberspace, evidenced by the lack of compliance to such mandates by Courts of Law in the EU. Such a system can easily eliminate the comparative advantage of smaller players, helping larger players with more money at their disposal enabling their growth and throttling the smaller players. It could have serious implications on data quality and integrity through the sharing of erroneous data. Access to superior quality digital services in India may also have to be compromised. If this regime is furthered without amends to address these concerns, it might end up counter productive.

Clause 5.1 (iv): Grievance redressal against state’s role

This clause acknowledges the vast potential for government authorities and other bodies to abuse their power as data trustee. In addition, it should describe the setting up of impartial and accessible mechanisms for citizens to complain against such abuse of power and appropriate penalties, including the removal of the data trustee.

Chapter 7, Recommendation 5: Purpose of data-sharing

Recommendation 5 leaves scope for “national security” as a sovereign purpose for data sharing. This continues to be in line with the trend of having an overarching national security clause, as in the Personal Data Protection Bill, 2019. There could be provisions made to enable access to data for sovereign purposes without such broad definition, replacing it based on constitutional terms which will limit it to the confines laid down in the Constitution. This will effectively curb any misuse of the provision and strongly embed the proposed regulation of non-personal data on constitutional ethos. This can also prevent future conflicts with the fundamental rights.

Platform companies have leveraged their position in society to take on an ever-greater number of quasi-public functions, exercising new forms of unaccountable, transnational authority. It is not difficult to imagine that this trend can continue to non-platform companies, or even taken forward by these very entities which also have access to a large chunk of non-personal data. A strict division between sovereign purposes and core public interest purposes seems difficult. However, it is imperative to have a clearer definition of core public interest purposes and sovereign purposes. The broad based definition may facilitate reduced accountability. Separating government actions from sovereign purposes could bring forth the power imbalance between the State and its people, while in the case of the non-governmental entities, it will facilitate encroachment of government functions by private players. Both these cases may not consider the best interest of the data generators, or the people at large.

Clause 7.1 (i): Data needs of law enforcement

Clause 7.1 (i) allows for acquisition of data governed by this framework for crime mapping, devising anticipation and preventive measures, and for investigations and law enforcement. While this may be necessary to be granted to law enforcement in certain cases, this should happen only with an express permission of a court of law. Blanket executive access allows higher possibility of misuse by the people involved in law enforcement.

Clause 7.2 (iv): Use of health data as a pilot

The clause suggests the use of health sector data as a pilot use-case. This is highly undesirable due to the inherent nature of high sensitivity of the larger part of data related to the health sector. The high vulnerability of such data to harm the data principals should act as a deterrent in using this as the pilot use-case. Given the mass availability of data related to the health sector due to the pandemic, it creates further points of vulnerabilities which can be illegally monetised and misappropriated. It is recommended that this proposal be scrapped altogether.

Clause 7.2 (iii): Power of government bodies

As per this clause, data trustees or government bodies (who could also be acting as data trustees) can make requests for data sharing and place such data in appropriate data infrastructures or trusts. This presents a conflict of interest, as a data trust or government body can empower itself to be the data trustee. Such cases should be addressed within the scope of the framework.

Clause 8.2 (vii): Level-playing field for all Indian actors

In terms of this clause the “Non-Personal Data Authority (Authority) will ensure a level playing field for all Indian actors to fulfil the objective of maximising Indian data’s value to the Indian economy”. The emphasis on ensuring a level playing field for only Indian actors instead of non-discriminatory platform for all concerned actors irrespective of the country/nationality of the actor has the potential of violating India’s trade obligations under the WTO. Member states of the WTO are essentially restricted from discriminating between products and services coming from different WTO Members, and between foreign and domestic products and services unless they can avail of exceptions. There is also no clarity on what constitutes ‘Indian Actors’, would a Multi-National Corporation with its headquarters in a foreign State, but its subsidiaries in India also come within its ambit.

Clause 8.2 (x): Composition of the Authority

Clause 8.2 (x) states that the Authority will have some members with relevant industry experience. However, apart from this clause, the report is silent on the composition of the Authority. The report recognises that Authority will need individuals/organisations with specialised knowledge, i.e. data governance, technology, latest research and innovation in the field of non-personal data), however, it does not mention or refer to the role of civil society organisations and the need for representation from such organisations in the Authority.

The report frequently alludes to non-personal data being used for the best interest of the data principal and therefore, it is essential that the composition of the Authority reflect the inherent asymmetry of power between the data principal and the State. Considering that the Authority will also be responsible for sharing of community data and with determining the code of conduct for sharing of such data, it is important that the Authority also has adequate representation from civil society organisations along with groups or individuals having the necessary technological and legal skills.

Clause 8.2 (iii) and (vi): Roles and Responsibility of the Authority

A majority of the datasets in the country comprise of ‘mixed datasets’, i.e. it consists of both personal and non-personal data. However, there is lack of clarity about the coordination between the Data Protection Authority constituted under the PDP Bill and the Non-Personal Data Authority with regard to the regulation of such datasets. The Report refers to the European Union which provides that the Non-Personal Data Regulation applies to the Non-Personal Data of mixed datasets; if the Non-Personal Data part and the personal data parts are ‘inextricably linked’, the General Data Protection Regulation apply to the whole mixed dataset. However, it is unclear whether the Report also proposes the same mechanism for the regulation of mixed datasets.

Further, the contours of the enforcement role of the Committee should be specified and clearly laid down. Will the Committee also have penal powers as prescribed for the Data Protection Authority under the PDP Bill? Also, will the privacy concerns emanating from the risk of re-anonymisation of data be addressed by the NPD Committee or by the DPA under the PDP Bill. Ideally, it should be specified that any such privacy concerns will fall within the domain of the DPA as the data is then converted into personal data and the DPA will be empowered to deal with such issues.

Endnotes

[1] See Ministry of Health and Family Welfare. (2020). National Digital Health Blueprint. Government of India. https://main.mohfw.gov.in/sites/default/files/Final%20NDHB%20report_0.pdf; Tandon, A. (2019). Big Data and Reproductive Health in India: A Case Study of the Mother and Child Tracking System. https://cis-india.org/raw/big-data-reproductive-health-india-mcts

[2] Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer.

[3] Mittelstadt, B. (2017). From Individual to Group Privacy in Big Data Analytics. Philos. Technol. 30, 475–494.

[4] See Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer; Tisne, M. (n.d). The Data Delusion: Protecting Individual Data Isn't Enough When The Harm is Collective. Stanford Cyber Policy Centre. https://cyber.fsi.stanford.edu/publication/data-delusion

[5] Rocher, L., Hendrickx, J.M. & de Montjoye, Y. (2019). Estimating the success of re-identifications in incomplete datasets using generative models. Nat Commun 10, 3069 . https://doi.org/10.1038/s41467-019-10933-3

[6] Finck, M. & Pallas, F. (2020). They who must not be identified—distinguishing personal from non-personal data under the GDPR. International Data Privacy Law, 10 (1), 11–36. https://doi.org/10.1093/idpl/ipz026

[7] European Commission (2020). Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions: A European strategy for data. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1593073685620&uri=CELEX:52020DC0066

[8] Modrall, Jay. (2019). Antitrust risks and Big Data. Norton Rose Fullbright. https://www.nortonrosefulbright.com/en-in/knowledge/publications/64c13505/antitrust-risks-and-big-data

For more details visit https://cis-india.org/raw/inputs-to-report-on-non-personal-data-governance-framework

Gender, Health, & Surveillance in India - A Panel Discussion

Aayush Rathi and Ambika Tandon — 2020-12-23T14:03:13Z

Women and LGBTHIAQ-identifying persons face intensive and varied forms of surveillance as they access reproductive health systems. Increasingly, these systems are also undergoing rapid digitisation. The panel was set-up to discuss the discursive, experiential and policy implications of these data-intensive developments on access to public health and welfare systems by women and LGBTHIAQ-identifying persons in India. The panelists presented studies undertaken as part of two projects at CIS, one of which is supported by Privacy International, UK, and the other by Big Data for Development network established by International Development Research Centre, Canada.

Event note and agenda: Read (PDF)

Recording of the discussion: Watch (YouTube)

For more details visit https://cis-india.org/raw/gender-health-surveillance-in-india-panel-discussion

Data Lives of Humanities Text

sneha-pp — 2020-12-23T13:07:43Z

The ‘computational turn’ in the humanities has brought with it several questions and challenges for traditional ways of engaging with the ‘text’ as an object of enquiry. The prevalence of data-driven scholarship in the humanities offers several challenges to traditional forms of work and practice, with regard to theory, tools, and methods. In the context of the digital, ‘text’ acquires new forms and meanings, especially with practices such as distant reading. Drawing upon excerpts from an earlier study on digital humanities in India, this essay discusses how data in the humanities is not a new phenomenon; concerns about the ‘datafication’ of humanities, now seen prominently in digital humanities and related fields is actually reflective of a longer conflict about the inherited separation between humanities and technology. It looks at how ‘data’ in the humanities has become a new object of enquiry as a result of several changes in the media landscape in the past few decades. These include large-scale digitalization and availability of corpora of materials (digitized and born-digital) in an array of formats and across varied platforms, thus leading to also a steady prevalence of the use of computational methods in working with and studying cultural artifacts today. This essay also explores how reading ‘text as data’ helps understand the role of data in the making of humanities texts and redefines traditional ideas of textuality, reading, and the reader.

This essay by Puthiya Purayil Sneha was published in Lives of Data: Essays on Computational Cultures from India (2020) edited by Sandeep Mertia, with a Foreword by Ravi Sundaram as part of the Series on Theory on Demand by Institute of Network Cultures, Amsterdam.

Read the open access book here.

For more details visit https://cis-india.org/raw/data-lives-of-humanities-text

Call for Papers: #CultureForAll Conference

sneha-pp — 2020-12-23T13:34:23Z

We are collaborating with Sahapedia, Azim Premji University, and University of Cape Town to invite papers on cultural mapping for the #CultureForAll conference scheduled to be held in March 2021. Cultural mapping is a set of activities and processes for exploring, discovering, documenting, examining, analysing, interpreting, presenting, and sharing information related to people, communities, societies, places, and the material products and practices associated with those people and places. All interested academicians, researchers, PhD students, and practitioners are invited to submit papers. The conference is supported by Tata Technologies and MapMyIndia.

Cross-posted from Sahapedia.

Background

Sahapedia in collaboration with the Azim Premji University, The Centre for Internet and Society and the University of Cape Town is inviting papers in cultural mapping for the Culture For All conference scheduled to be held in March 2021.

Cultural mapping is a set of activities and processes for exploring, discovering, documenting, examining, analysing, interpreting, presenting, and sharing information related to people, communities, societies, places, and the material products and practices associated with those people and places. It was recognised by UNESCO more than a decade ago as a crucial tool in sustaining the tangible, intangible, and natural heritage of the world.

However, the exercise is either used inadequately or rarely highlighted in the Indian context thereby limiting accessibility to peer-reviewed work in this area. As part of the #CultureForAll festival and conference, an open call for research papers and action projects in cultural mapping is being made to consolidate knowledge created till date in India and regions with similar cultural history like Asia and Africa. Cultural mapping and documentation are intricate processes that attempt to solve complex questions of who, what, how, and for whom to map. We hope these papers will carve out a space to interrogate, discuss, and reflect upon the same.

Another central objective of reviewing work in this area is to develop a mapping toolkit/guide that can help make cultural documentation accessible to anyone interested. Without being prescriptive or lending itself to a homogenous practise, the toolkit/guide would be a way to bring together varied approaches, contexts, and innovations in the field. In a sector like culture where financial and non-financial resources are insubstantial, we believe this toolkit/guide will give organisations and individuals a clear roadmap for future mapping projects.

Themes

All interested academicians, researchers, PhD students, and practitioners are invited to submit their papers under any one of the following themes. All papers will be evaluated by a review committee and select papers in each theme will be awarded INR 10,000 and presented in the #CultureForAll conference. Papers will also get an opportunity to be published in respected peer-reviewed journals and Sahapedia's web platform.

Cultural Mapping—Theory & Practise: There is no fixed way to map cultural resources and the approach can be multi-fold. Efforts can also vary in terms of community involvement and collaborative processes. Papers submitted under this topic should explore and elucidate the theoretical and methodological frameworks used in mapping, with an emphasis on issues and challenges faced, the extent of community engagement, and the impact of such projects in policymaking and society, if any.

Technology for cultural mapping: Technology and digitisation have shifted approaches to culture and heritage and the recent pandemic has made it indispensable to the society at large. Papers are invited on issues related to techniques and technologies for preservation, management and dissemination of cultural heritage with a focus on innovation and social equity specifically for the Indian context.

Evaluating impact of cultural mapping applications: Cultural mapping provides rich cultural data by creating resource inventories that helps address varied issues like sustainability, intergenerational conflict, alienation of youth, and the role of women in society. It can create opportunities for communities to affirm identity and pursue land rights. Cultural mapping can be an informative classroom activity for children, and a valuable methodology for academic research. As a policymaking tool, it can be used to enhance and conserve heritage sites while promoting new tourism development approaches. Papers submitted under this topic should illustrate how cultural mapping has been used in areas like education, tourism, placemaking, conservation, and skilling, the issues and challenges faced, how impacts are measured, and the metrics associated with such measurement.

Important dates

Call for papers: November 16, 2020

Last date for submission: January 31, 2021

Announcement of final selection: February 26, 2021

Presentation of select papers: March 1 to March 15, 2021

If you have any questions, please contact us at conference[at]sahapedia[dot]org

Eligibility & Selection

All interested academicians, researchers, PhD students, and practitioners are invited to participate in the call for papers. Papers should be submitted in English and will be reviewed for their originality, relevance, and clarity. Works that have been published earlier or are found to be plagiarised will not be accepted. The submission should include a paper of not more than 3,500 words along with a presentation for the same. Please email submissions to conference[at]sahapedia[dot]org with the subject "Paper Submission: [Theme] [Applicant’s Full Name]". Please find formatting instructions for the paper here.

For more details visit https://cis-india.org/raw/call-for-papers-culture-for-all-conference

Inputs to the public consultation on the draft Code on Social Security (Central) Rules, 2020 - Joint submission by an alliance of trade unions and civil society organisations

Aayush Rathi and Ambika Tandon — 2020-12-22T09:52:13Z

The Centre for Internet and Society (CIS) contributed to a joint submission by IT for Change and various trade union and civil society organisations in response to the public consultation of the Ministry of Labour and Employment on the draft Code on Social Security Rules, 2020. Here are the overview, full text of the submitted inputs, and names of organisations and individuals who endorsed them.

Cross-posted from IT for Change.

Full text of submitted inputs: Download (PDF)

Overview

A legal framework that addresses workers’ rights in the digital economy from all angles is imperative to address labour concerns in the 21st century. We welcome the inclusion of platform workers and gig workers in the Code on Social Security, 2020. However, we have some concerns regarding the draft Code on Social Security (Central) Rules, 2020 (hereinafter the “Draft Rules”), vis-à-vis the implementation of platform workers’ rights. In this document, we first list down our overall concerns before proceeding to a section specific critique in the format required by the consultation.

1. Failure to universalise social security for platform workers: In their current form, the Draft Rules do not provide a social security framework for platform workers founded on the cardinal principles of universal social security. A basic social protection floor for all platform workers, including benefits such as universal maternal care and accident insurance, has not been guaranteed. Instead, the Draft Rules impose an age limit for platform workers to be eligible for social security [Rule 50(2)(d)], and also confer on the government the power to prescribe additional eligibility criteria [Rule 50(2)(f)]. These provisions are likely to narrow the pool of workers who can avail the benefits under this law. Also, facilitation centres and toll-free helplines to onboard platform and gig workers into any future social security schemes have not been provided for in the Draft Rules, even though these were mentioned in the Code on Social Security, 2020.

2. Lack of clarity on aggregator contributions: The Draft Rules also indicate that aggregators will have to contribute towards any social security scheme that may be framed by the government. This is appreciated. However, further clarity on how these contributions will be assessed in the context of the reality of platform work arrangements is needed. Platform workers may work for several aggregators simultaneously, and be engaged as workers for intermittent and irregular periods of time. As it stands, the Draft Rules do not address how the minimum period of 90 days of being engaged as a platform worker is to be calculated — a mandatory eligibility criteria for registration under Rule 50(2)(d). It also does not outline how the number of days worked impacts the nature and extent of social protection that platform workers are eligible for. Additionally, under Guideline 6 of the Motor Vehicles Aggregators Guidelines, 2020 issued in November 2020, certain compliances are imposed on aggregators towards their drivers, such as health insurance and term insurance. It is unclear how obligations under the Motor Vehicles Aggregators Guidelines, 2020 will apply in consonance with aggregators’ contributions under the Draft Rules on the Code on Social Security, 2020.

3. Absence of clear criteria to determine exemption of aggregators from contributions to social security: Section 114(7)(ii) of the Code on Social Security, 2020 permits the central government to use its discretionary powers to exempt aggregators from contributions to platform workers’ social security. It would have been important for the Draft Rules to clearly spell out the conditions under which aggregators could be exempted to ensure that aggregators do not evade their responsibilities towards their platform workers and gig workers. This has not been done, and aggregator exemption is now possible solely at the discretion of the central government.

4. Flaws in the mechanisms outlined for constituting the National Social Security Board for Gig Workers and Platform Workers: There is currently no timeline for its constitution, leaving its existence to be determined as per the whims of the government. Furthermore, there is no transparency in the Draft Rules around the procedure by which the central government will nominate platform workers’ representatives to this Board. In this regard, the lack of a clearly spelt out role for trade unions and workers’ associations is also a major flaw, as workers’ organisations must have effective representation concerning social security schemes intended for their benefit.

5. No guarantees for workers’ data rights: We are also concerned that the Draft Rules attempt to create a centralised database of platform workers and gig workers, to be enabled by the sharing of data by aggregators with the state. This data will include workers’ personal data, and in the absence of personal data protection legislation, this has serious implications for workers’ data rights and privacy. It is imperative that the draft Personal Data Protection Bill, 2019 be passed at the earliest to safeguard against state and/or aggregator excesses in this regard. We also recommend the inclusion of clear purpose and use limitation safeguards in these Draft Rules itself, as part of enshrining the right to privacy. Additionally, workers must have the right to edit, correct and dispute the records of aggregators, and a mechanism for such an audit must be established by the government. Workers must also have the right to retain a certified, machine-readable copy of their data.

6. Shortcomings of a centralised database: We also urge the central government to rethink the vision of a centralised database, and instead, explore the possibility of a federated architecture, with room for democratic and decentralised data management by workers themselves with involvement from state and local government agencies (building on labour welfare models). We are firmly of the view that the concentration of power and authority in the Central Government is unlikely to enable access to every last worker in a country of our complexity and size.

7. Inadequacies of the foundational legislation: We would also like to highlight how the foundational flaws of the Code on Social Security, 2020 mar the efficacy and effectiveness of the Draft Rules in being able to provide social security entitlements to platform and gig workers. Firstly, in Chapter 1, Section 2 of the Code, there is no clarification on what to do about platform aggregators repeatedly referring to their “platform workers” as “contractors” or “agents” in their legal contracts/documents. The definitions clause assumes that “agent”, “contractor” and “platform worker” are all separate and unique, unambiguous terms. It would have been important for the Draft Rules to clarify that if “agent” or “contractor” is being used to refer to a person performing platform work in any legal document or contract by an aggregator, the person should nonetheless be treated as a “platform worker”. Also, the Draft Rules should have specified that all workers associated with any of the nine classes of aggregators mentioned in the Seventh Schedule of the Code on Social Security, 2020 [ride sharing, food and grocery delivery, logistics, e-marketplace, professional services provider, healthcare, travel and hospitality, content and media services, and any other goods and services provider platforms] are to be treated as platform workers. Secondly, there should be clarity on the jurisdiction, i.e. under which ministry and legislative act, will “aggregators” function and operate, especially considering that a range of sectoral legislation in addition to labour laws are implicated in aggregator governance. Thirdly, the Code on Social Security, 2020 could have specified how the agency in charge of collection and management of aggregator contributions was to have been constituted. For example, it could have been conceived as a statutory and autonomous body, along the lines of the Employee State Insurance Corporation (ESIC) and Employee Provident Fund Organisation (EPFO). But this opportunity has been missed.

The following trade unions, civil society organisations and members of academia have endorsed this submission and its proposals:

Trade unions

All India Gig Workers Union

All India IT and ITeS Employees’ Union

All India Port & Dock Workers Federation

All India Railwaymens' Federation

Hind Mazdoor Sabha

Indian Federation of App-based Transport Workers

National Federation of Indian Railwaymen

National Union of Seafarers of India

Civil society organisations

Aapti Institute

Gender at Work

GenDev Centre for Research and Innovation LLP

IT for Change

Kamgar va Majur Sangh

The Centre for Internet & Society

Tandem Research

TWN Trust

Paigam Network

Praxis - Institute for Participatory Practices

Partners in Change

Working People’s Charter, India

Members of academia

Divya K., Assistant Professor, Indira Gandhi National Tribal University

Dr. Rahul Sakpal, Assistant Professor, Tata Institute of Social Sciences

Vibhuti Patel, Retired Professor of Tata Institute of Social Sciences and SNDT Women's University, Mumbai

For more details visit https://cis-india.org/raw/joint-submission-to-consultation-on-draft-code-on-social-security-central-rules-2020

IFAT and ITF - Locking Down the Impact of Covid-19

2021-06-29T07:27:09Z

This report, by Indian Federation of App-based Transport Workers (IFAT) and International Transport Workers’ Federation (ITF), New Delhi office, explores the responses to the outbreak of Covid-19 by digital platform based companies, trade unions, and governments to help out workers for digital platform based companies hereafter app based workers during the lockdown. The research work in this article is a characterization of the struggles of app based workers during the global pandemic and how it has affected and changed the world of work for them. The surveys were conducted amongst the workforce working for app based companies like Ola, Uber, Swiggy, Zomato etc. This study is partially supported by CIS as part of the Feminist Internet Research Network led by the Association for Progressive Communications.

Report: Download (PDF)

Press Release: Download (PDF)

Press Release, 17 September, 2020

Between March and June 2020, IFAT and ITF conducted 4 surveys with transport and delivery workers to assess (i) their income levels during the Covid-19 pandemic, (ii) the burden of loan repayment during these months, (iii) the relief provided to them by companies, and (iv) the access to welfare schemes offered by state and central governments.

The first survey, on income levels and loans administered in March 2020, had 5964 respondents, across 55 cities, in 16 states. The second and third surveys conducted in April 2020, on financial relief from companies and governments, had 1630 respondents, across 59 cities, in 16 states. The fourth survey was conducted in June 2020 to assess income levels as the economies were slowing opening up. Some of the most startling findings from the 4 surveys are:

The average monthly EMI of the respondents in March 2020 was between Rs. 10,000 - 20,000. 51% of the respondents had taken vehicle loans from 19 national public sector banks.
30.3% of the respondents worked between 40-50 hours a week, in the week prior to the first national lockdown. Despite high hours of work, the average income of the drivers for the week commencing April 15, 2020 was less than Rs. 2500. 57% of respondents earned between 0 to Rs. 2250.
89.8% of workers did not receive any ration or food assistance, and 84.5% did not receive any financial assistance from either companies or governments.
Where companies had announced financial assistance programmes, including through donations collected by customers, there was no transparency in disbursement of funds. Other reasons for exclusion included administrative red tape (such as the requirement to produce bills that are GST compliant), and absence of clear criteria for eligibility, leading to random disbursement, among others.
Ola announced waiving off the rental amount for leased vehicles, and asked drivers to return such vehicles. However, there was no announcement of a plan to repossess vehicles once there was an easing of the lockdown, causing great anxiety among workers.
After the easing of the national lockdown, 69.7% of respondents indicated that they had no earnings, while 20% earned between Rs.500 to 1500.
2716 respondents from 19 states across gig platforms articulated their support for a peaceful demonstration against company practices.
Mandatory installation of Aarogya Setu by workers raised concerns of privacy, as this would allow companies to surveil workers and collect data on their movements after work hours.

IFAT organised several meetings and protests after each survey, to bring attention to the vulnerable conditions of workers. At these gatherings, workers raised the following key demands:

Companies must reduce commission rates to 5%, to allow workers to get back on their feet, and compensate for losses over the past few months;
Adequate protective equipment and health insurance cover to all drivers must be provided;
There must be increased transparency in disbursement process of funds, and in the criteria for selection of beneficiaries;
Compounded interest must be waived on EMIs for the 3 months of moratorium on loan repayment.

Hear our voices and address our demands.

Shaik Salauddin

National General Secretary, Indian Federation of App-based Transport Workers (IFAT)

Phone: +91 96424 24799

Indian Federation of App-based Transport Workers

Facebook: www.facebook.com/watch/connectifat/

Twitter: www.twitter.com/connect_ifat

YouTube: www.youtube.com/channel/UCA1AxGq0Fb_A_O_Ey44eiPg

For more details visit https://cis-india.org/raw/ifat-itf-locking-down-the-impact-of-covid-19

Raina Roy and Abhiraj Bag - Kolkata’s trans community has been locked out of healthcare and livelihood

Raina Roy and Abhiraj Bag — 2020-08-01T14:54:16Z

Over six months into the outbreak of Covid-19 in India, it has become clear that the pandemic does not affect everybody equally. It has amplified the sufferings of the already-marginalised trans community. Raina Roy spoke to 10 trans persons and trans rights activists in Kolkata over the course of the past few months to better understand the situation. The piece was transcribed by Abhiraj Bag and edited by Kaarika Das and Srravya C, researchers at the Centre for Internet and Society, India. This work is part of a project at CIS on gender, welfare and surveillance, supported by Privacy International, United Kingdom.

Originally published by Scroll on July 28, 2020.

Raina is a founder of Samabhabona (Baishamya Durikaran Samiti), a trans-led organisation in Kolkata working with trans rights since 2013. Abhiraj is a trans rights activist based in Kolkata.

Several members of our community have lost their livelihoods due to the lockdown and remain unemployed for over three months now. Those engaged in sex work and begging have no respite in sight for the foreseeable future. As a community, we are more likely to be unemployed as traditional employment opportunities are inaccessible to us. Our health concerns are also diverse, as we grapple with gender dysphoria alongside other psychosocial issues. Covid-19 has exacerbated these inequalities and effectively locked us out of livelihood as well as healthcare.

An alienating system

When it comes to accessing institutional healthcare, visiting hospitals can be a daunting ordeal for trans men and trans women, as we frequently encounter discrimination and stigmatisation from healthcare providers.

Even in emergency cases such as accidents, medical attention is delayed due to confusion whether the patient should be admitted to the male or female ward. Finding compassionate healthcare providers is difficult, especially in government hospitals. Most often, they are not sensitised to trans-health issues.

Such experiences have alienated us from the healthcare system and left several members of the trans community reluctant to seek medical help.

Access to general healthcare has further worsened with Covid-19, as many are unable to seek emergency medical assistance. With no sustainable source of income and deteriorating health condition, elderly trans persons are hit with a double whammy. Despite their failing health, there is presently no provision for routine health check-up which they can avail. The reluctance to consult a healthcare service provider has increased due to the added risk of infection.

SRS services are city-centric

Many in the community had scheduled their sex reassignment surgery or SRS and started taking the necessary hormonal medication. However, because of Covid-19, they have now had to postpone their surgery indefinitely. This uncertainty further aggravated distress together with issues of hormonal imbalance. Due to loss of income, many are resorting to alternative cheap hormonal medication and without proper medical supervision, its consequence could be harmful.

Those who have undergone SRS or are currently on hormone replacement therapy often experience side effects such as rise in blood pressure and blood sugar levels, urinary tract infection, and other immunity-compromising problems. To treat these side-effects, a patient may need to consult an endocrinologist, gynaecologist or urologist. However, such specialists are only available at district hospitals. At the sub-district level, we may be able to consult a gynaecologist at best. An endocrinologist or urologist would be available only if we travelled to the district hospitals or medical college hospitals.

A lockdown spanning over three months, restrictions on travel and closure of public transport have made the city-centric, SRS-related healthcare systems inaccessible to the transgender persons in smaller towns and villages. Pre-Covid-19, a few NGOs and community-based organisations provided sexual health services. However, they were unable to continue their services during the lockdown. This has adversely impacted the trans community’s access to sexual health services.

So far, two trans women have been tested positive for Covid-19 in Kolkata. Thanks to the intervention from activists and other allies, they were quarantined in the female ward when they tested positive. Both were asymptomatic and are presently self-isolating at home. Within the trans community, there is inadequate awareness about Covid-19 testing protocols and procedures. The saving grace has been the dedicated provisioning of ten beds at the MR Bangur Hospital, specifically reserved for transgender persons.

Community care

The most hard-hitting impact of Covid-19 is undoubtedly on the mental health of our community. Often faced with social stigma and physical abuse, we take refuge in the comfort of each other’s support. In the absence of familial ties, community support is vital for our well-being. However, Covid-19 and the consequent lockdown measures, has distanced us from our only source of support and solace – community interaction and meet-ups.

Although digitally mediated communication has somewhat helped in coping, it is not as effective or cathartic as an in-person conversation. This has increased the susceptibility of substance abuse in the community. Parallelly, there has been a considerable rise in domestic violence cases too. Even under normal circumstances, we are more likely to encounter intimate partner violence, but are skeptical to seek redressal as the law-enforcing institutions – both judiciary and the police – are biased against us.

At hospitals, the constant misgendering that we face at the hands of healthcare professionals can be traumatising. Aparna Banerjee, a trans-person in Kolkata, said that this trauma has only worsened during Covid-19, when frontline healthcare workers are not sensitised about trans health. To escape this trauma, some trans women have resorted to unscientific castration, leading to urinary tract infection and kidney-related problems. Gender dysphoria also puts the trans community at a higher risk of anxiety, depression, self-harm and suicidal tendencies.

The political milieu

Such strains on our mental and physical health come at a time when we are already distressed by the thought of being disenfranchised. The latest National Register of Citizens list in Assam had excluded many trans persons, as they couldn’t establish family ties, for being disowned by their families. And if they were included, their gender was incorrectly stated.

With the 2019 Transgender Person Act coming into force, a District Magistrate is given the authority to recognise a person as trans. This defies the right to self-identify, as upheld in the 2014 NALSA judgement. The current provision also necessitates providing proof of surgery and has no consideration for gender incongruence. The burden of providing proof of surgery is unnerving, especially for someone who has just transitioned.

As such, the cumulative impact of the 2019 Transgender Person Act and the Citizenship Amendment Act-National Register of Citizen mandate could lead to a significant part of the community being disenfranchised. In resisting this coercive pronouncement, we staged a protest in Kolkata earlier this year.

What can be done

The health and well-being of the trans community has suffered decades of institutional neglect and the Covid-19 pandemic has intensified this suffering. Remedial policy measures have been long due and cannot be delayed any further. Shelter homes have been one of our long-standing demands, to ensure safety and care for the transgender community, particularly the elderly. It is important that such shelter homes are democratic spaces, and not religious centres, that are welcoming of trans persons from different walks of life.

Secondly, healthcare systems, both public and private, need to be more trans-friendly – doctors, nurses and other staff in hospitals and healthcare centres need to be sensitised and trained to identify and understand the healthcare needs of transmen and transwomen. Recruitment of more transgender people as health workers would go a long way in treating transgender patients more humanely, with support and care.

Measures to contain the spread of the pandemic should include increased testing of transgender persons, and tracking the testing and infection rates among trans persons. Relief measures aimed at addressing the economic crisis need to acknowledge the loss of livelihood in the trans community and provide adequate financial support and compensation. Finally, it is important that governments, both at the centre- and state-level, pay heed to our demands and include representatives from the trans community while formulating policies that impact our lives in significant ways.

For more details visit https://cis-india.org/raw/raina-roy-abhiraj-bag-transgender-community-kolkata-covid19-healthcare-livelihood