Industrial
Dispute – A critical analysis
by
Sharmila
Bose
Independent
Researcher in Political Science
M.A.
in Political Science, History and Human Rights
Abstract
Industrial
disputes are seen as dispute between Industrial relations, i.e. employer and
employees. However, there are many factors that influence Industrial Dispute
such as claim on resources, intellectual properties, market and others. The
international trade relations, which is based on dependency theory creates
parallel economy not just the industrial relations but also effect the social
dynamism. This thesis will critically evaluate the concept of industrial
dispute within perspective the Marxist Political theory. Marxist claim that dictatorship
of proletariat will be the best interest of the working class. Other factor,
i.e. how the international monetary policies creates the situation of the
industrial disputes by compromising national monetary and fiscal policies. This
will also explain that weaken monetary policies are creating a gap that filled
by the financial, political and legal syndicates that controls the state
institutions and policies. The social impact of industrial dispute and
sociology of Law is real issue of this thesis with critical analysis evaluating
Marxist theory and world system.
CONTENTS
Introduction:
The Parameter of Industrial Dispute
Chapter
1 Polity
of Industrial Dispute
1.1
Origin
of Industrial Dispute
1.2 The Rights of Slaves
1.3 Emergence of Trade Union
1.4 Formation
of Political Parties and Government
Chapter
2 Monetary System and Industrial
Dispute
2.1 Central
Banking System and Fiscal policy
2.2 The
relevance of Currency
2.3 Share,
Stock and Industrial Dispute
2.4 Global
impact on Trade union
Chapter
3 Industrial Dispute – a criminology
perspective
3.1 The
dictatorship of Proletariat
3.2 Espionage
- an intrusion
3.3 Patent
and Intellectual property
3.4 Piracy
and Counterfeit
Chapter
4. The Sociology of Industrial Dispute
4.1 Ancient
Trading System
4.2 The
sociology of Law
Synopsis
Conclusion
& Recommendation
Introduction: The Parameter of Industrial Dispute
The
parameter of the study of the Industrial dispute is limited to the employee’s
welfare. Conventionally, Industrial
Dispute has been seen as a relation between employers and employees. Thus, the Industrial Dispute Act, 1947 has a
limited approach of study, i.e. a paradigm of workforce. The inadequacies or
the limitations in the study block the real issues of other factors of
Industrial Disputes, i.e., factors that complement the crisis between the
employee and employers’ relations.
The
basic limitation of the Industrial Dispute Act, 1947 is to regulate the Labour
Laws, which is only meant for the organised Sector. The main and ultimate objective of this act is
"Maintenance of Peaceful work culture in the Industry in India" which
is clearly provided under the Statement of Objects & Reasons of the
statute. In the era of State control, the majority of
Industrial policy were of large scale sector.
That could be the perspective of the Industrial Work relation to protect
the interest of the workers.
The
theory of Industrial Dispute arise from Class War. In 1848, revolutionary socialists Karl Marx and Friedrich
Engels famously wrote that "the history of all hitherto existing society
is the history of class struggle. Though the theory of Class War sprouted through
the Economy sector after the Industrial revolution that has become the
perspective of Political Science. Based on their observations of the effects of the Industrial
Revolution on British workers, Marx and Engels theorized that capitalism
inevitably created conflict between laborers and capitalists. Though the State-Society relations based on
macro-micro theory do classify the two
classes of Authority and Community and also man and women in a broader
perspective based on political science.
Marx theory of Class War, i.e. conflict between
two mode of production of Skill and Enterprising, which is interdependent and
indispensable to each-other, got into the trap of dispute or conflict according
to the European Intellectuals and Academicians.
This has made a limited or narrow approach to handle the aspiration and
competence of the people within the ambit of Political Science.
The limitation of the Industrial Dispute Act is
the evidence that it is only meant for the organised sector. However, what about
those economy that is under alternate management? The alternate management run
the parallel system controlling the workforce and using them to create a
dispute and unsettling the peace of the organised work culture as lobby war.
Contractual labours in unorganised sectors is
the issue that does not come under the Industrial Dispute Act. As per the Economic Survey 2007-08, 93% of India's workforce
include the self-employed and employed
in unorganized sector. In terms of Occupation,
small and marginal farmers, landless agricultural laborers, share croppers, fishermen, those engaged in animal husbandry,
beedi rolling, labelling and packing, building and construction workers,
leather workers, weavers, artisans, salt workers, workers in brick kilns and
stone quarries, workers in saw mills, oil mills etc. come under this category. This unorganised sector
captures majority of population, where men, women and children are
engaged. This large section of people do
not get the consideration of the Labour Union or any Act that protect their
interest.
Another
factor of concern of the Industrial Dispute is that the parameter of the Labour
Laws does not consider ‘Informal Economy’, i.e. grey economy, which is beyond
the ambit of Tax and monitoring. These
informal economy has grown up as Syndicate that flourishes from National to the
transnational regime that has over-crossed the sovereign laws of the countries.
As the International Labour
Organization defined the informal
sector in 2002, the informal sector does not include the criminal economy.
While production or employment arrangements in the informal economy may not be
strictly legal, the sector produces and distributes legal goods and services. The monetary policy whether it is fiscal or the
central bank only support the organised sector.
Whereas, the informal sector are get into the alternate management or
parallel system.
Another factor that influences Organised Crime,
through illicit movement/migrants due to Industrial Dispute theory. The workforce that are trafficked through the
local, national and international channel build a huge economy to itself while
facilitating the Industrial needs in organised and unorganised / informal
sector. Employment Minister Eric Abetz says organised
crime is taking advantage of weak policing of industrial disputes and the
courts are taking too long to punish rogue unions. The labour engaged in the Organised Crime whether it is
inter-state or intra-state or transnational, are forced, manipulated and
captivated labours. This workforce
neither get into the parameter of Governance or the Law that protect their
interest. The fatal end is the only
solution to these forced labours.
Another factor that is critical in understanding
Women and Child labours which do not get the benefits of the Labour Laws in
India. The National Commission for Women states that 94 percent of working women in India are in the
unorganised sector – including in manual scavenging, where they are often paid
with a meal rather than daily wages. Even in the relatively formalised export
industry, very often, women employees are terminated from contract just before
they complete five years so that the employers don’t have to pay them a gratuity. In the absence of the conducive approach of the
Labour Laws, the women and children are further exploited in tune of sex
slavery or petty crimes. Another
consideration for women at home does not have any concrete protection from the
exploitation, whether it is in marriage or as domestic support. The only legal beneficiary is domestic
violence that leads to the broken homes and displacement.
In tune of above issues, when it comes to
Labour, Industrial Disputes are not limited to Labour. The other factors of the Industrial
Development, such as resources, technology, land, market, exchange value and
most importantly, political supremacy.
Industries are set on land, labour, technology and investments. These factors have the varied control by the
other factor that has political by intention and feudal in character.
Since Government controls the Economy, by way
of taxation, foreign trade, labour laws, Land and licensing, hence, more of the
policies become political of those who are in power. Thus, this makes Labour become Political
Capital and others become their captivation of resources. Corruption becomes evident in this since the
policies and implementation take a shape of Lobby War.
Further, how the International Politics based
on ideology of Communism and Liberation had changed the total socio-economic
scenario that affect the Industries, i.e. from the State-control to liberal
economy and then to Globalisation. The
requirement of labour by the First World Economy and the limitation of the
protection for the labours has changed the social dynamism. This has made the industries a hand tool of
the labour syndicate which become the political capital of the respective
political parties.
Finally, how the Syndicate of Share broking,
Trade Unions, Non-Government Organisations play a significant role in the
Industries in making and breaking by creating a dispute. This is created towards the change in
management, which is not considered that influences Industrial Disputes. This need a critical analysis.
There are many perspective in analysing
Industrial Dispute, by way of Human Resources Development, International
Relations, Feudalism, Taxation, World Order and Criminology.
Chapter 1: Polity and Industrial Dispute
1.1 Origin
of Industrial Dispute / Strikes
The
evolution of society based on the theory of wages have it perspective in the
defining of Industrial disputes. The
scarcity of labour compelled the landowners to buy labour from the contractors
and kept them in a fortified condition through coercion to work for their
farms. However, the overheads such as
security, food and shelter to the workers became expensive in a longer
run. Thus, a particular wages were given
to the labours to reduce the overheads and liabilities of the workers. Economists have attempted to model the circumstances under
which slavery (and variants such as serfdom) appear and disappear. One
observation is that slavery becomes more desirable for landowners where land is
abundant but labour is scarce, such that rent is depressed and paid workers can
demand high wages. If the opposite holds true, then it becomes more costly for
landowners to have guards for the slaves than to employ paid workers who can
only demand low wages because of the amount of competition. Thus,
first slavery and then serfdom gradually decreased in Europe as the population
grew but were reintroduced in the Americas and in Russia as large areas of new
land with few people became available. Growing population in human settlement and
migrations was the norms. Migration in
any form such as by choice or by coercion, where the cause of human settlement
in various region for both, the enterprises and the labours.
To
understand the Industrial relation and its breach of Trust that led to the
dispute among the work relations can be seen in two aspects, i.e. a liberal
economy and in a feudal society. Technically,
Industrial Dispute has always been viewed only as labour issue, i.e. their
rights and welfare. Thus, the labour
were treated as slaves or unfree labours in the feudal society where wages were
expensive. Slavery came into existence
where less population to work in the large areas due to lack of economy
generation. This became the perspective
to study Labour issues in the academic discourse where labours were seen as
slaves or unfree labour.
Through the grown up times, the definition of
slavery has also changed. Less available
skilled people have also been coercive, towards the discouraging of demands for
welfare measures. The history of
forced labor in the United States encompasses to all forms of unfree
labor which have occurred within the present day borders of the United States
through modern times. "Unfree labor" is a generic or collective term
for those work relations, in which people are employed against their will by
the threat of destitution, detention, violence (including death), lawful
compulsion, or other extreme hardship to themselves or to members of their
families. The captivation of the workforce or labours were
tactical. Most of the time it was the
debt slavery that could hold the working labour by the money lenders and were
further leased to the capitalists. The
fabric of the money lenders were the network of the capitalist to make the debt
bondage for the involuntary servitude.
Though the slavery and involuntary servitude were made
illegal through the thirteenth amendment in the US Constitution, but it was not
termed as crime. However,
unfree labor still existed legally in the form of the peonage system, especially in the New Mexico
territories, debt bondage, penal
labor and convict leasing, and debt bondage such as the truck system, as well as many illegal forms of
unfree labor, particularly sexual slavery. The characteristic of involuntary servitude were of different
paradigm to benefit the interest groups.
Forms of unfree labours that has been existed
since the formation of the Nation in United States of America.
Ø
Chattel
Slavery : Chattel slavery was a socially accepted system, in which
people are treated as property by the owner and bought or sold as commodities. Under this system, the children inherited the
status of slaves via mother. The scarcity theory is not limited to the abundant lands, but
also the demand due to the market pressure in the present context. Chattel system
still exists in the brothels and red-light areas.
Ø Peonage
system: Peon usually refers to a person subject to peonage: any form of unfree labour or wage labor in which a laborer (peon) has little
control over employment conditions. Though Peonage was a
form of involuntary servitude, but they were not part of the Chattel system.
They were freedmen, but due to absence of any survival means, they became
tenant labour, where they would exchange labour with the landowners in with the
share of the crops. Subsequently they were trapped into the debt due to the
exploitation tendencies of the landowners and were deprived them with their
liberty and remain into slavery.
In Indian contexts, peon were related to the Dalit (Shudra) communities
that remained in various service classes to the privileged groups in the
societies. However, their status was different from the African-American since
these African-American were migrant-labours, whereas, Indian Dalits (Shudra) were
the indigenous communities and the Privileged groups were mainly migrant.
Ø Debt
bondage: Debt bondage, also known as debt slavery or bonded
labour, is the pledge of a
person's services as security for the repayment for a debt or other obligation,
where the terms of the repayment are not clearly or reasonably stated, and the
person who is holding the debt and thus has some control over the laborer. Freedom
is assumed on debt repayment. Debt bondage is an environment and/or
consequences of the environment that force people to get into this involuntary
servitude. These environments are generally created to get the bonded
labour. This is not just limited to the
unfree culture of labours, but also duly institutionalised. Almost, every sovereign country is into the
debt trapped of the world financial institutions and people are natural debt
slaves.
Ø Penal
Labour: Penal
labour are a form of involuntary servitude, which is a part of punishment to
the convicts. These convicts could be for War, Political prisoners, Religious
persecution or war prisoners. The penal labour work depends upon the context of
imprisonment, which could be from the light manual labour to the hazardous
environment, which are involuntary servitude. Penal Labour are more a secured
labours for the prisons.
Ø Convict
leasing : Convict leasing is another form of
Penal Labour, where the convicts are leased to private parties such as mining
labours, plantations, etc. against the basic needs such as housing, feeding and
clothing. These are involuntary servitude in the hands of prison
management to lease out convicts to the private owners. This secured labour is still a large economy
where the convicts are created to facilitate a large market for unfree labour.
Ø Truck
System : In
truck system, wages are not paid through the cash money, but in kind such as
chits, vouchers, credits instead of wages.
This system compromises the rights of wages and the ability to spend by
the labours. They are stuck within the
prescribed formats and become a part of closed economy. Thus, it makes them unfree labour or
involuntary servitude. Truck system is
still used as marketing strategy to sell the products against the wages such as
in the consumable corporate and hospitality sectors, etc.
Though
slavery was turned into wage labour, but there are other ways of enslaving
people. The abolishing slavery through
the constitutional amendment in the United States did not provide a platform
that could protect the interest of the Freedmen. In 1910, the US Congress passed the White
Slave Traffic Act of 1910 (better
known as the Mann Act), which made it a felony to transport women across state borders for the purpose of
"prostitution or debauchery, or for any other immoral purpose". Its
primary stated intent was to address prostitution, immorality, and human
trafficking particularly where it was trafficking for the purposes of
prostitution, but the ambiguity of "immoral purpose" effectively
criminalized interracial marriage and banned single women from crossing state borders for morally wrong
acts. As more women were being trafficked from foreign countries, the US began
passing immigration acts to curtail aliens from entering the country. Several
acts such as the Emergency Quota Act of 1921 and Immigration Act of 1924 were passed to prevent emigrants from
Europe and Asia from entering the United States. Following the banning of
immigrants during the 1920s, human trafficking was not considered a major issue
until the 1990s.
These unfree labour were unskilled and their
survivals were mere an unaccountable and unplanned. Looking for the skilled labour in the new enterprises
was more a scarcity. This needed a firm
system of wages and working conditions that could attract the people to be more
participatory. Thus, it encouraged
labour to learn skill and to get wages for the specific jobs. Gradually, there
was a transition from the unfree unskilled labour to the waged skilled labours.
Viewed from
this distance, neither
the wages nor
the working conditions, so
far as history
records them, appear
either “ extravagant” or “
inviting,” but it is undoubtedly true that wages began in the colonies at a
higher rate than was being paid in
Europe at the same time, due to the condition arose
chiefly from the scarcity of workers, especially skilled craftsmen.
When
there is escalation of scarcity of skilled labour increases, then the demand
flow of high wages. To balance and to
control those skilled labour, legislation are imposed. Throughout the
colonial period this
scarcity was a
vital problem that influenced
customs and legislation and resulted in the establishment of
the elaborate system
of securing workers
by contract or “ indenture” which
became a definite
labor policy in
Pennsylvania and in the southern colonies and was widely practiced in
all of them. Even in the present time, it is the
skilled labour is the most potent cause of the Industrial Dispute in the World
System.
1.2 The
Rights of Slaves and the manumission
in the system.
The
theory of Industrial dispute can only be understood through the formation of
Nation State in different part of the World.
The societies that were under the influence of the culture of the
respective region have given the perspective of the slavery and its manumission
in the system. Both
slave-owning and slave societies that were part of the major cultural
traditions borrowed some of their laws about slavery from the religious texts
of their respective civilizations. Principles regarding slavery that proved to
be either unprofitable or unworkable were among the first to be discarded. An
obvious example is provided by the biblical law that Hebrew slaves were to be
manumitted after six years. Hebrew slave (Jews) had a lifespan of unfree servitude for
six years, i.e. they gained their freedom after an enslavement of a limited
time. Hebrew slaves were mainly women
and part of the sex slavery and the life of a sex worker has a limitation for
six years. Either they develop sexual
disease or they get exhausted. Hence, the slavery were meant to enhance the
economy of the Hebrew, i.e. Jewish.
Similarly, in the Islamic slave owing
societies, the slaves were meant for War or Jihads, since Islamic societies
survive on Wars, they are culturally militants.
Thus, their lifespan is limited either they used to die or loses their
competence in the work. Hence they get
manumission from the system. A similar general recommendation that slaves be
freed after six years in bondage was adhered to by many Islamic slave-owning
societies; it helps to account for the ferocity and frequency of their slave
raids, for they had a need for constant replenishment of their slave supplies. Whereas, in the Christian societies, they are skilled people
and skilled people have no loss of aptitudes and hence, the manumission does
not exist. It is the skilled and
aptitude of the people that make the legislation of the societies and not the
morality. In Christian slave societies, on the other hand, the principle that the tenure of slavery should be limited was almost
completely ignored. It is difficult to enslave the skilled people.
Thus, there were migrations from the European societies to the United States
and rejected the religious control over them.
Though the various cultural system have evolved
through the economy in the respective region, the civilisations that flourished
have evolved with their labours and slaves.
For example, in the Mesopotamia civilisation, the slaves were inherited
by various regime, whether it was Sumerians, Babylonian and Assyrians. As agriculture became more advanced, surpluses were
generated, freeing farmers to perform other jobs. Over time former farmers
could earn enough to specialize in certain tasks and become what would qualify
as craftsmen. Workers were often paid with barley. Under the Cod of Hammurabi,
maximum prices and minimum wages were fixed by decree and the terms for
apprenticeships were defined. The
Sumerians, Babylonian and Assyrians all had slaves. Early slaves were perhaps
captives of war. The most famous slaves were the Jews captured under King
Nebuchadnezzar. Slaves were bought and sold in the market and branded. They
worked in irrigation projects, temples and palaces. In the Babylonian period,
enslavement for debt was illegal. This indicate that the slavery were mainly of
the war prisoners. The debt slavery were
dejected in the most ancient times. The Sumerian law code
called Code
of Ur-Nammu contains laws regarding slaves. This indicates, during Babylonian
period slavery was an established institution. The laws for slaves were mentioned in
the Code of Hammurabi, which includes death
penalty for anyone who helps to escape slaves. Allowing slaves to escape was crime and death
penalty was given for the crime. Slaves
were war prisoners and helping them would have been sedition.
In Islamic Law, the slavery was regulated from
the Jihad (holy war) and towards their compensation. Slavery in Islam was not economy but towards
the belief and as the command of the God. . The last Islamic slave law was promulgated in 1936 by King Ibn Saʿūd of Saudi Arabia, which restated the teachings of the Qurʾān. It also required owners to register
slaves with the government and licensed slave traders. Slave trades were engaged in buying and selling
migrant workers. These migrants as slaves still exist in the Arab countries and
are under the possession of the traders. Thus, the slaves were alien for the
specific purpose to enhance the economy for the respective societies. These
slave were mainly the foreigners and stranger to the new territories. Slavery
were never meant for the indigenous population those flourished through the
land holding and wages through skill.
The
Jewish controlling the majority of the world economy is because of the sex
slavery. Sex slaves were not on the
facilitation to their clients, but they worked as espionage as well. Further, the extortion and inheritance
through falsification were their tool of operation. Even in the culture of Temple priest king,
i.e. banking system and wealth management, the syndicate of espionage are their
workforce. This makes sex-slavery world
third largest economy.
In
Indian context, slaves never existed.
Dalit/Shudras were not slaves, but the indigenous communities. The
elites in India were the migrants. The
social structure of Indian society based on the virtues. Every strata had relevance in the
society. This includes transgender and
prostitutes. Dignity of labour persisted
in Indian social structure. Thus,
slavery was never part of Indian culture.
The legacy of exploitation in India, grew up
with British colonisation. The skilled
population from India were transported to the territory controlled by British
Empire towards the workforce for its industrial requirement. Further they also needed population in the
large territories they grabbed systematically. The British Empire
grew rapidly in the first half of the century, especially with the expansion of
vast territories in Canada, Australia, South Africa and heavily populated
India, and in the last two decades of the century in Africa. By the end of the
century, the British Empire controlled a fifth of the world's land and
one-quarter of the world's population. British Empire expanding through land-holding
and skilled and unskilled labour to flourish its economy. Hence, it is the entrepreneurs and the
Intellectual properties that the generated skilled and unskilled labour either
through coercion, manipulation or through wages with suitable working
conditions. Hence, the Industrial
Dispute should be viewed through skilled labour and unskilled labours besides
other factors, which will be explored in subsequent chapters.
1.3 Emergence of Trade Union, Legislation and
Communism
Though the sociology of the societies due to its cultural
and environmental affiliation, the varsity of the human resources towards the
skilled population was of heavy demand. There were substantial flow of people
as a workforce for the respective colonies of the European entrepreneurs as
skilled and unskilled workers. Peace is not a consistent in work culture.
Hence, slavery even the primitive formation of Nation states, witnessed
protests as a mark of the Industrial Dispute.
The conflict between the Master and the slaves,
were mostly on the individual basis. The tendency of laziness, lying and dull
could be the cause of mistreatment by the masters. However, it was also evident
the formation of gangs and murdering the owner was also witnessed. It is
certainly that the relations between master and workers were not peaceful. This
killing may not be due to rebellions by some serfs as gang, but also could be a
tool of change of regime in the feudal societies. The most dramatic form of slave protest was outright
rebellion. Slave uprisings varied enormously
in frequency, size, intensity, and duration. Perhaps the calmest of all known
slave societies were those of West Africa, where the predominance of women and children caused
rebellions to be very few. Slave rebellions in North America were also
noticeably few and involved only a handful of participants: the New York revolt of 1712, the Stono rebellion of South Carolina
(1739), the Gabriel plot in Richmond, Virginia (1800), the Denmark Vesey conspiracy in Charleston, South Carolina
(1822), and Nat Turner’s uprising in Jerusalem, Virginia (1831), are the best known. The
tendency to protest come when the basics are fulfilled and there is a demand
for more or a better environment. The
slaves always had a perspective and comparative of life, either as community or
as subjects. This aspiration of better
life brought changes in the socio-economic relations.
The
Industrial development in Europe changed the demography. From the serfs to wage labours and from lands
to Industries created a great shift in social behaviour of the people in
Europe. The origins of trade unions can be traced back to 18th
century Britain, where the rapid expansion of industrial
society then taking place drew women, children,
rural workers and immigrants into the work force in large numbers and in new
roles. They encountered a large hostility in their early existence from
employers and government groups; at the time, unions and unionists were
regularly prosecuted under various restraint of trade and conspiracy statutes.
This pool of unskilled and semi-skilled labour spontaneously organized in fits
and starts throughout its beginnings, and would later be an important arena for
the development of trade unions. Trade unions have sometimes been seen as
successors to the guilds of medieval
Europe, though the relationship between the two
is disputed, as the masters of the guilds employed workers (apprentices and
journeymen) who were not allowed to organize. This socio-economic change not only brought insecurity among the
workforce, but also among the ruling class or the feudal class. The peace was
disrupted with the intrusion of technology, where they had no control but to
rely on the skilled people. Dependency on the skilled people made them
uncomfortable and in a compromising position. In such case, the ruling class
became the unskilled to the new socio-economic trend.
The dependency on the skill workers by the bourgeoisie class
brought skilled workers on upper hand.
The formation of Unions to negotiate the welfare measure and gradually
inclination towards power sharing became the motto. Unions in Britain were
subject to often severe repression until 1824, but were already widespread in
cities such as London. Trade unions were legalised in 1824, when growing
numbers of factory workers joined these associations in their efforts to
achieve better wages and working conditions. Workplace militancy had also
manifested itself as Luddism and had been prominent in struggles such as the
1820 Rising in Scotland, in which 60,000 workers went on a general strike,
which was soon crushed. From 1830 on, attempts were made to set up national
general unions, most notably Robert Owen's Grand National Consolidated Trades
Union in 1834, which attracted a range of socialists from Owenites to
revolutionaries. That organisation played a part in the protests after the
Tolpuddle Martyrs' case, but soon collapsed. An important development of the
trade union movement in Wales was the Merthyr Rising in May 1831 where coal and
steel workers employed by the powerful Crawshay family took to the streets of
Merthyr Tydfil, calling for reform, protesting against the lowering of their
wages and general unemployment. Gradually the protest spread to nearby
industrial towns and villages and by the end of May the whole area was in
rebellion, and for the first time in the world the red flag of revolution was
flown – which has since been adopted internationally by the trades union
movement and socialist groups generally.
The Strikes were used as
pressure-tactics towards negotiation.
The series of strike in unorganised manners were resulting to collapse
since there were factors of buying the leaders to destabilize the strikes. Further Unions did not have legitimacy to
hold strikes. The legitimacy of Trade
Unions became mandatory to bring representation of the workers. Trade unions were finally legalized in 1872, after a Royal
Commission on Trade Unions in 1867 agreed that the establishment of the
organizations was to the advantage of both employers and employees. The
commission was a balanced approach to address the workers’ issues and the
employers as well. A step to encourage
building trust between work-relations influenced unions of others countries. This
period also saw the growth of trade unions in other industrializing countries,
especially the United States, Germany and France.
Britain being the English ethnic and skilled people, they
governed the Industrial process for entrepreneurs and skilled workers through
the administrative process by creating a legislative body under the
Parliament. The members of the
Legislative Assembly were not the representation of the provinces, but the
identity. The purpose of the Legislative
Assembly was to design Law to protect the business interests of the British Empire,
i.e. their colonies.
The members of the Legislative Assembly
The Trade Unions were legalised in
England in 1872 since there were significant organised Trade Unions were
active. They were the pressure groups to
negotiate the benefits for the workers’ in tune of wages and working
condition. Thus, the expansion and
finding new lands and prospective resources were required to sustain the
imperialism of British. The legislation became a tool of International
Relation for the Colonial rulers. They
captured Indian Human Resources and Chinese market and the means of production
through the legislation named International Law. The legitimacy of these International Laws
were coercive without consideration of the local laws and their respective
economies. The electoral representation
of the British Legislative Assembly in India, where Muslims had major
representation than any other cultural communities, such as Sikh, Hindus, Christians
and others. Muslims in India (converted
indigenous communities) were more a skilled/Artisan historically. Further, they were bound by Islamic Law of
Jihad (holy War) and they were used as military. Thus, Britishers used their wages based on
the Islamic law for skilled and military services. Further the representation of Landlord was
necessary since they were the suppliers of unskilled labours to do the menial
jobs for the English officials. They
were also required for the farming and also trafficked to other foreign locations.
The menial job labours were under peonage system. The legislative Assembly for
more a governance or Public commission to rule the wage labours. The generation of wage labour were through
many process, either through chattel system, debt bondage, penal labour or
lease labour. Unless, there is a law,
how the people in masses could be channeled for the mass production.
Further, the legislation was not
only meant for generating unfree labours, but also tracking the crucial lands
and port for the empirical economy.
Ports were crucial for the trading, thus, ports of Bombay, Calcutta, Gujarat, etc.,
where the domain of British Empire through East India Company. Britishers being the skilled people, they
have pioneered in every aspect to protect their hegemony. Other European Nations, such as, France and
Germany followed with their own manipulation and trapped the rest of the
resources being left out by British.
British were quite ahead than other European countries due to their
Intellectual properties in the field of technology and trading.
The theory of minimum wages means
that the person or the fabric of workers will be paid a minimum remuneration. The minimum wage to fulfill his need and his
family of wife and children. This made a
man a bread earner of the family. Minimum
wage is quite simply, the lowest remuneration that an employer may pay to their
workers, as regulated by the law. The history of legislation around minimum
wages takes us back to New Zealand in 1894, where the first national minimum
wage laws were enacted. This was the Industrial Conciliation and Arbitration
Act. It introduced compulsory arbitration with trade unions for the negotiation
of wages. In 1907, the Harvester decision was handed down in Australia. It
established a ‘living wage’ for a man, his wife and two children to “live in
frugal comfort”. Women were part of the
economy of the family business or traditional economy, whether it is small or a
substantial. However, the
Industrialisation and minimum wages theory barred women to be part of the
economic process. The minimum wages for
men made women a domestic servitude and confined to the domestic cores of work. This blocked their skills limited and/or
remained unskilled thereafter. This
further facilitated the ‘chattel system’ of involuntary servitude. Though every region in the world where the
polity exited has its own sustainable economy.
The minimum wage theory had deserted a larger
portion of population of women and children, were gaining skill through
traditional work and surviving through sustainable economy. This was mainly
through rural economy. Thus, British took its own share of the work to sustain
their hegemony and they were not universal approach to the World system. The
approach to legislate is partisan and world system is based on inclusive and
universal.
The right to strike became legitimate after being
Trade Unions became legal. Thus, it was important to create a Tribunal to
redress the grievances through arbitration of both the parties. The
Industrial Conciliation and Arbitration (IC&A) Act made New Zealand the
first country in the world to outlaw strikes and introduce compulsory
arbitration. Following the failure of
the trans-Tasman Maritime Strike of 1890, some major employers refused to recognise
unions, blacklisted their members and slashed wages and conditions. The Liberal
government that took office in 1891 was determined to find an alternative to
industrial conflict, and to foster the union movement, which it saw as a key
political ally. Though
there were resistances, but the ways were explored to settle the disputes
through power sharing as political ally.
The Trade Unions who became the hoarders of the wage labours
became the feudal of the labour and became a major negotiating tool amongst the imperialistic powers. They became an office bearer that was
a negotiating point to which it was compromising the Wage Labours’ interest. The growth of U.S. imperialism was the basis for
the development of the labor aristocracy and this whole bureaucracy of labor
misleaders. Their survival depends on U.S. imperialism’s continued growth and
expansion. On the domestic front, these trade unionists may preach varied
reformist programs and measures but on the international front they are rabid
supporters of all-out imperialist aggression. Even when the broadest masses of
American people stood opposed to the Vietnam War, George Meany threw the
AFL-CIO’s support behind continued escalation. Meany has led the AFL-CIO in a
frenzy of buying Israeli war bonds to support Zionist expansion in the Middle
East. And today, as the crisis throws greater numbers of workers into
destitution, Meany has turned the blame against the nations and peoples of the
third world and not the U.S. imperialists. The AFL-CIO has become the biggest
backer of U.S. imperialism in its world-wide battle for hegemony against its
chief rival imperialist power, the Soviet Union. The Labour aristocracy or feudal were controlling the workforce for the
domestic purposes and imperialistic agenda. The US used these workforce feudal
to place them in military to die for the greed of imperialism and aggression
policy.
Though, the Trade Union served the Wage Labour, i.e. skilled
labour, there was a huge population that were engaged in unskilled labour or
into involuntary servitude. This gave
birth to the ideology of Communism that addressed the interest of
‘haves-not’. Thus, ‘haves-not’ were
identically unskilled labour or semi-skilled labour. The early trade unions were forged in the fight against wage
slavery, but the capitalist class has succeeded for the present in turning the
union movement into a reserve to defend that very system of exploitation. The capitalists have consolidated, in the
union leadership, a stratum of labor lieutenants who serve as the political
detachment of the imperialists in the working class.
The theory of class war basically is about skill wages and
unskilled slavery. Skilled labour were
protected due to their utility, whereas, unskilled had no forum or platform for
their social security.
Communism, the community of 'have-not' did not
have any source of earning due to lack of skills. Thus, they secured their
survivals through War, i.e. class-war. The undercover strategy of forced labour
for property captivation, killing, crime-activities, rioting and looting,
espionage-sex slavery and others to justify exploitation. Most of the time they
work as a stooge of imperialistic agenda towards imperialistic dispute and
others. Hence, communism become a cabal to facilitate the liberal economy.
Communism become a syndicate to hoard the people towards the involuntary
servitude that are unskilled or semi-skilled in the name of ideology. Communism
functions under 'chattel system'.
1.4 Formation of Political Parties and
Government
The legalisation of Trade Union has given a potency for the
purpose and the recognition of the welfare of the Skilled Worker in the
Industrial Relations. Trade Union were
always being struggling for negotiation with the Imperialistic power. For nearly one hundred and fifty years the workers of Britain have
struggled to build Trade Unions. Long before there was a political party of the
workers there were Trade Unions. Their history is an amazing record of valiant
workers who fought the laws which prohibited the existence of the Unions, who
dared imprisonment, deportation, victimisation and persecution in order that
their Unions could become strong and powerful. One generation succeeded another
in continuous effort, in great strikes, massive demonstrations, political
struggles, until to-day millions of workers are organised in Trade Unions. The
working class in society holds a special position. It has no property. It is a
propertyless class—dependent upon the class which owns property—the land, the
factories, mills, mines, railways, transport. But the land cannot give forth
its fullness unless workers plough and sow and reap. The earth cannot deliver
its mineral wealth unless workers dig it. Factories, mills, mines, railways,
etc., cannot work unless workers are employed to make them serve their purpose
in the transformation of nature’s wealth into social wealth. It is this fact
which compels the owners of the means of producing wealth to employ labour. They need that labour or their ownership ceases to be of value. That is why the withdrawal of labour by the
workers can be so powerful a weapon when used on a large scale. This struggle did not yield much of result since the pressure tactics
were mere tool, but for the action, it had to go through the process of
legislation and implementation. Thus, it
became necessary to be the part of Political representation in the form of
Political Party or ally of the political party.
Realising the indispensability of the workers’ strength, it
was important to have political representation towards policy making process
that could be in the direct interest of the working class. After the Derby Government Reform Act, 1867
followed by Representation of People Act, 1884 and Redistribution of Seat Act,
1885, it paved way for the equal opportunity to the equal populated
constituencies. Being the part of the
government and policy making process would benefit directly to the Workers
forum than negotiation through strikes and shutdowns. The Labour Party originated in the late 19th century, meeting
the demand for a new political party to represent the interests and needs of
the urban working class, a demographic which had increased in number, and many
of whom only gained suffrage
with the passage of the Representation of the People Act 1884. Some members of the trade union movement became
interested in moving into the political field, and after further extensions of
the voting franchise in 1867 and 1885, the Liberal Party endorsed some trade-union sponsored candidates. Early in the 20th century, New Zealand was
involved in world affairs, fighting in the First and Second World Wars and
suffering through the Great Depression.
The depression led to the election of the First Labour Government and the establishment of a comprehensive welfare
state and a protectionist economy.
Thus, Labour Party was the representation of the working
class through the Trade Unions. This did
not include unskilled labours and created a community of neglected masses
termed as ‘have-not’. This gave birth to
the Communism.
Working class was not Communism, since working class remained
‘have’ of skills, intellectual, technocrats, artisan, research and development,
etc., were their assets to which the Property owners were dependent. Whereas, there were a large section of the
society such as unskilled population, i.e. men, women and children who were
dependent on these working class for their survival means and became their
supportive system. While Working Class
was struggling to gain the political protection towards their welfare, the
emergence of Communism gradually took a platform to organise the unskilled
workers. Communism became a forum in the
name of class-struggle or have-not or neglected section of the societies. Thus, the legislative assembly in the
European countries subsequently had a representation of working class which was
partisan in their perspective. This has
made legislative a group of partisans towards their respective lobby
interest. Though the Labour Parties sprouted
from the grass-root, but it was a design to use Labour Force through political
activism toward the coalition or alliance.
The party remained out of power until 1940, when Labour
ministers joined a wartime coalition government under Winston
Churchill. When the Political Parties join hands together, then the
workers become mere political capital instead of interest group. Union became thin and remained as collaborators
or coordinators.
The emergence of the Communism and its political affiliation
had been taken over historically by the Religion, the Judaism, Islam and
Christianity. The religion had an affiliation to their local culture and
respective economy. Religion is a larger
fabric that knitted population universally in the name of God. Religion played
significant value in action where exploitation in any form was ‘sin’. According
to Perry
Anderson, the main theoretical foundation of
Euro-communism was Antonio Gramsci's
writing about Marxist theory which
questioned the sectarianism of the left
and encouraged communist parties to develop social alliances to win hegemonic support for social reforms. Early inspirations can
also be found in Austro-Marxism and its
seeking of a third democratic way to socialism. Challenging
the hegemony of the Religious control over people or say Church dominance due
to faith in God was an ideology instead of coercion or violence of power by
few. Gramsci
is best known for his theory of cultural hegemony, which describes how
the state and ruling capitalist class – the bourgeoisie – use cultural institutions to
maintain power in capitalist societies. The bourgeoisie, in Gramsci's view,
develops a hegemonic culture using ideology rather than violence, economic
force, or coercion. Hegemonic culture propagates its own values and norms so
that they become the "common sense" values of all and thus maintain
the status quo.
Hegemonic power is therefore used to maintain consent to the capitalist order,
rather than coercive power using force to maintain order. This cultural
hegemony is produced and reproduced by the dominant class through the
institutions that form the superstructure.
The
hegemony of the capitalist remains since it is the entrepreneurship that bear
the expenses of the society. Whereas,
the people work to be part of the channel of flow of money as survival mean or
purchasing power.
Communism are anti-religion because they treat religion as
their competitor since they are the hoarders of people who are neglected and
have-not, according to them. Communism
is anti-liberal because communism is another form of Unfree or slavery and
feudal in character. Thus, communism
took over the Euroasia in the wake of Industrialisation to challenge the
Religion and the existing Monarchy.
Communism remained anti-state as State is the collective consensus of
the people of the region and universal in character.
Being “have-not” is no ethnic or class, but it is an
individual status. Hence, in communism
the “have-not” can become ‘have’ in due course of time or in different
generations. Since, Communism functions
under ‘chattel system’, so the children of the members of the Communism also
become their member and follow their ideology and work culture.
The difference between Leninism and Marxism, though
both said dictatorship of Proletariat while Marxism says class struggle, and
Lenin advocacy for industrialisation from private ownership to the commune
ownership. Lenin communism was
dethroning imperialism and the ownership of land and the resources to be in the
hand of proletariat. This was a form of
Statehood, because State is a collective consensus. Whereas, Communism was a dictatorship. The question is whose dictatorship to be
allowed? Thus, this conflict between
State and Communism, State is collective consensus and rule of people, whereas,
Communism became rule of ‘idea’. It
became another form of Imperialism, where the commune remained the
slave/subject or involuntary servitude of the region. In communism, Law are imposed, whereas in
Statehood, Law are generated through the process of consensus. A uniform naming scheme for
communist parties was adopted by the Communist International. All parties were
required to use the name 'Communist Party of (name of the country)',
this has made Communism a larger regime beyond the ambit to the
sovereignty of country.
Further, the economy of Communism, is more an imposed
economy than the cultural or indigenous economy of the specific region. The disintegration of Ottoman Empire and the
formation of USSR has destroyed the special Turkish heritage of the region and
imposed the European Industrialisation.
Due to this the effective countries lost their sovereign and became a
part of coercive economy. For much of the 20th Century, the Soviet Union
rivalled the United States in political, military and economic strength. While
the central command economy of the Soviet Union was diametrically opposed to
the market liberalism of Western nations, the rapid economic development that
the Soviets posted in the middle decades of the century made their system
appear to be a viable economic alternative. But after growth tapered off and
various reforms were instituted to revive the stagnating economy, the Soviet
Union eventually collapsed, along with its promise of an alternative to Western
capitalism. Where centralized economic planning helped spur its mid-century
growth, the Soviet Union's piecemeal reforms to decentralize economic power
ultimately undermined its economy. The conspiracy behind the Rothschild Wealth management is
that the investments of the elites were made towards the mass production
through cheap labour or minimum wages.
Communism was the best methodology to attain the least wages labour
through Truck system or Chattel System towards the maximum profitability under
the dictatorship of Proletariat.
After the disintegration of Ottoman empire
post-World War-I under the leadership of Russia, new Union was formed, i.e.
USSR. This was made by integrating many small countries in the region through
the ideology of communism under the flag ship of Russian Government of USSR.
This has made Russia a hoarder of the eastern Europe population. Russia of the World War 2 era was governed by the
Soviet Union, or specifically, the Russian Soviet Federative Socialist Republic
which was the head of the Soviet Union. The new Russian government came to
power after the February Revolution of 1917 that overthrew Tsar Nicholas II of
Imperialist Russia and the October Revolution of 1917 that placed Vladimir
Lenin in power, and the Soviet Union was formed in Dec 1922. Through various
industrial and economic reforms, Russia rose to the status of a power. Joseph
Stalin, Russia's leader since the late 1920s, kept the Russian political scene
relatively stable and kept himself in power by deploying brutal tactics to
purge his political enemies. In the 1930s, Western European nations began to
build a distrust of the expansionist communist ideology, which included both
the Anglo-French alliance as well as German, two sides which would eventually
fight against each other in the upcoming European War. A preliminary showdown
took place in Spain during the Spanish Civil War, where Germany and Russia each
supported opposing sides in the conflict and used the Spanish Civil War as
testing grounds for new weapons and new tactics. Surprising the world, Russia
and Germany signed the Molotov-Ribbentrop Pact on 24 Aug 1939, which included a
secret clause that divided Eastern Europe between Russia and Germany; the
clause was activated at the start of the European War as Germany invaded
Poland, bringing Russia into WW2 on 17 Sep 1939 on the side of Germany.
The World War-2 unsettled the population in the
region and their surrendering post-war was natural to revive from the
ruins. Thus, the formation of USSR,
where the eastern-Europe under the federation of Russia became the Industrial
labour and lost the cultural economy. After the war, Russia, as the head of the Soviet
Union, emerged as a world power. The countries Russia liberated from Germany
became puppet states answering to Moscow, including East Germany. The new found
superpower status did not come without a price, however, for Russia suffered
the highest number of deaths as a direct result of World War 2 among all
nations involved. For decades to come, Russia was to lead the communist
countries in the Cold War against United States and her allies.
After enslaving the people of USSR as Communist
countries for almost seven decades, i.e. post-WW-1 until the end of Cold War,
there were three generations that gave cheap labour to benefit the European
Industrialist. The support was given by way of Research and Development,
skilled and unskilled labour along with the economy of crime under the ideology
of the dictatorship of proletariat. There was no 'dictatorship of proletariat',
but the coercion of Russia in the rest of eastern-Europe and enslaving for its
own benefit. Russia got the share of the Industrial Development and major
market of the Arms Procurement in India and other countries of the World.
Thus, under the legitimacy of the Academic Theory
under the tag of ideology, the unskilled workers, women and children became the
unfree labour. They lived a life of domestic servitude and minimal labour
and used for illicit or parallel economy. Labour Party became dejure whereas, Communist Parties
remained defacto.
Chapter 2:
Monetary System and Industrial Dispute
2.1. Central Banking system and Fiscal System
Currency and monetary policy has significant relevance in
analysing Industrial Disputes. Currency
or money play a significant role in governance and create a dominance in the
region. That is why historically, every
change of regime has change in currency and its distribution system. Money
always flow from top to bottom, i.e. government to the people through its
channel. Money creates employments.
During the process of Industrialization, war became
significant in the Europe towards its expansion policy. The modern central bank has had a long
evolution, dating back to the establishment of the Bank of Sweden in 1668. In the process, central banks have
become varied in authority, autonomy, functions, and instruments of action. Though modern central bank created its own space of autonomy
in due process of time, but its legitimacy is under the control of the
government. The government could be
monarchy or democratic or any other form.
The formation of Central Government was meant to generate workforce by
way of credit. The generation of
currency/cash was on the utility of the human resources or labour. Most of the workforce were for the military
that was an involuntarily servitude because it was meant to kill or die
business. Human society are peaceful and
interdependent by character and that is why civility existed historically. War remained a major source of income while
in the process of Industrialisation.
Gold remain the standard of currency when there
was no legitimate boundaries and war was the mode of collection through loots
of bullion. The loots of bullion where
the encouraging points for the warrior to wage war for the imperialistic
power. Even the Jews were being the
traders of bullion and collection of bullion made them wealthy through the sex
slavery. Bullion refers to physical gold and silver of high
purity that is
often kept in the form of bars, ingots, or coins. Bullion can sometimes be
considered legal tender, and is often held as reserves by central banks or held
by institutional investors. Even in the modern system, Gold became the collateral
security of any country and thus, remained the wealth of the country. A gold standard is a monetary system in which the standard economic unit
of account is based on a fixed quantity of gold. The gold standard was widely used in the 19th and
early part of the 20th century. Most nations abandoned the gold standard as the
basis of their monetary systems at some point in the 20th century, although
many still hold substantial gold reserves. Thus,
Gold remains the standard of valuing the currency in the world system while
currency has taken over in many form.
2.1.1 Monetary Policy and Fiscal Policy
The legitimacy of the Central Banking and its
currency gets from the Government of any country. However, the Central Bank or
Reserve Bank are autonomous in their function and the networking of commercial
banks. Thus, its governance is different from the Government in Power towards
making policies of the country. There are two forms of economic governance, one
is Fiscal, that is managed through Tax collection and the spending expenses.
This is done by the government and secondly the monetary process, i.e. credit
system, which is managed by the interest System, i.e. through Credit and by
Deposit. Monetary policy and fiscal policy refer to the two most
widely recognized tools used to influence a nation's economic activity.
Monetary policy is primarily concerned with the management of interest rates
and the total supply of money in circulation and is generally carried out by central
banks. Fiscal policy is a collective term for the taxing and
spending actions of governments. In the United States, the national fiscal
policy is determined by the executive and legislative branches of the
government. Thus, banking system and fiscal system have two different
operators.
In Monetary Policy through Central
Bank,
Money is more than
banknotes and coins. If you have a bank account, you can use what’s in it to
buy things, typically with a debit card. Because you can buy things with your
bank account, we think of this as money even though it’s not cash. Therefore, if
you borrow £100 from the bank, and it credits your account with the amount,
‘new money’ has been created. It didn’t exist until it was credited to your
account. This also means as you pay off the loan, the electronic money your
bank created is “deleted” – it no longer exists. You haven’t got richer or
poorer. You might have less money in your bank account but your debts have gone
down too. So essentially, banks create money, not wealth. Banks create around 80% of money in the
economy as electronic deposits in this way. In comparison, banknotes and coins
only make up three percent. Finally, most banks have accounts with us at the
Bank of England, allowing them to transfer money back and forth. This is called
electronic central bank money, or reserves.
This indicate money is only a digital figure that Bank puts and deletes
according to the usage in its Leger by the approval of the Central Banks. There is no material wealth in this. This digital figure gets its legitimacy due
to the Government otherwise, these digits are merely collections of coins of
any play-station or game apps.
Whereas, Tax is the collection of
money to meet the Governance expenses that facilitates policy towards the
welfare of the people. ‘Tax’ is parallel
to the ‘interest’ of the banking system.
Tax is taken by the Government on the income and the expenditure,
whereas, interest is taken on the credit by the Bank. Tax is taken on the production, i.e. realistic,
whereas, interest is taken on the digital numbers that create wealth.
2.1.2. Banking System and Debt bondage
The difference between Tax and Interest are, when a person pays tax
becomes a citizen since it shares its income towards the Governance
expenditure. Whereas, when a person pays interest against the Credit, it
becomes debtor. Debtor remains in bondage until the time it clears the account
of credit with the bank. Failing to pay, one becomes bondage. The tax collected
is used towards the welfare measure that generates employment-ability and
further gives social security to the people. Whereas, the credit system, engage
people and make them compulsive worker to attain the freedom. In tax system,
one earns from skills, whereas, in credit system, one mortgage its wealth,
skill and/or liberty.
There is a nexus between the banking system and the government, which is
the major cause of Industrial Dispute. In a democratic process, the people are
mere a political capital in the present context. The fiscal policy of the
Government should encourage the entrepreneur skills that can generate
employment. There are markets, financial assistance, trained skilled workers
available that can be obtained through policies to handle the Human Resources
of the country.
The network of the commercial banks under the patronage of Central Bank
that create money by inducing credit in the ledger gets the flow of money into
the system. Trafficking and Brain-drain is an outcome of the mismanagement of
the credit by the Central and/or foreign banks. The credit to foreign banks or
foreign lender could lead to the external debt. Thus, the population gets into
bondage and uses them through the channel as the recovery of the debt. Government debt, also known as public
interest,
public debt, national debt and sovereign debt, contrasts to the
annual government budget
deficit, which is a flow variable that equals the difference between government
receipts and spending in a single year. The debt is a stock variable, measured at
a specific point in time, and it is the accumulation of all prior deficits.
Government debt can be categorized as internal debt (owed to lenders within the country) and external
debt (owed to foreign lenders). Whereas,
the Central Banks have private shareholders, which is against the interest of
the monetary policies since such monetary policies will be partisan and
conflict of interest.
2.1.3 Poverty
and Banking System
When banks create money through loans
and deposits, then what makes majority of the population in the developing and
underdeveloped countries are poverty stricken? Why there is North and South
divide in the World system.
Though Banks create money, but it does
not create employment opportunity. It mortgage the people through credit system
and this credit system compel the people strive to work so that they could have
clear their debt. Thus, credit system is more a 'compulsion' and not an
'opportunity'.
2.1.4 Fiscal
system and employability
In fiscal system, Government takes tax
from the people from the income through their employment ability, the
entrepreneur skills and/or purchasing power. However, it is the prerogative of
the Government to create an environment or policy to create employments that
can use the skill and its development.
Enterprising mostly lies in the social
dynamism, but due to lack of knowledge and incompetent governance, enterprising
are mostly underrated in the development and under-developed countries. In the
dependency theory, the sovereign countries are depend on the World Monetary
System, such as World Bank and International Monetary Funds and others International
Financial Institutions. The fiscal
policies of the sovereign countries remained blocked or unused to facilitate
the International wisdom and integrity. The conditional aids received by the
sovereign countries towards the infrastructural development influence the
fiscal policies. The North and South divide is mainly
the division of employment ability and Human Resources Development. This makes
the World System 'dependent' or 'interdependent'.
2.1.5 Flow of Money
Though the monetary system create
wealth through digital numbers in the banking Leger, but most importantly is
the distribution of money. The first and foremost, the channel of the
distribution is the Government through human development process and the credit
policy of the commercial bank. This means, the Government is towards the
nurturing and the banking system is the distribution of the digital numbers.
The lack of proper channel towards the
flow of money is the main reason for the unemployment and poverty. The
feudalism of the jobs, markets, hoarding of money and lack of morality of
payment against work is the main reason for Industrial Dispute. There is a lack
of confidence in the workforce even though there is eminence competence and
skills that float in the market.
The
feudalism creates block and these blocks are difficult to break since there is
no catalyst to dilute or merge to create a more potent fabric of Human Resource
development. These blocks create the
blockage of free flow of money that further create purchasing power of the
ground forces.
Thus in
the dejure monetary system, there is
absolutely lack of coordination in planning and execution towards the human
resources development, i.e. fiscal policy and distribution of money through
credit system. In the weak fiscal
policy, the private lender through micro financing fill the space and create a
debt bondage and seize their collateral securities. These debt bondage are further used against
the National interests and influence national policy through pressure groups.
2.2 The
Relevance of Currency and Industrial Dispute
There
are many form of the currency that has been evolved historically and even exist
in the presently time where there are more advanced way towards the exchange of
transactions. The legality of the
currency and its circulation to the region recognise the Government of the
country and its administration over the region.
It is the utilisation of the currency that brings people under the
administration of the Government. In
case, if the fiat currency does not include the region through proper flow of
circulation, indicates that there is no legitimacy or less influence of
government. Such region is taken over by
the local mafia or feudal or remain abundant.
2.2.1 Currency
Currency is an identity of the regime that is used for the
circulation as a medium of exchange, especially that create boundary and its
limitation beyond the boundary. A currency in the most specific sense is money in any form when in use or circulation as a medium
of exchange, especially circulating banknotes and coins. A
more general definition is that a currency is a system of money (monetary units) in common use, especially for people
in a nation. Even though the
Government change the circulation of legal tender indicates that the legitimacy
of the currency. Currency is not just
the prerogative of the government but also beyond, i.e., the foreign government
because recognition of the currency has the International exchange value.
The
relevance of currency is different from the monetary system. Monetary system creates wealth, whereas,
Currency makes its legitimacy and the proprietary of the wealth. The range of utility of the denomination of
the currency indicates the economic strength of the region. It flows from higher range to the lower range
and its purchasing capacity.
2.2.2 Alternate Currency
Alternate
currency or complimentary currency existed in many form historically and still
applicable in many situations where the fiat currency is not able to reach or into
circulation. Alternate currency is not a
legal tender, but used as a mutual understanding of a region or community. These alternate currency is to substitute the
batter system and has its limitation since it is not applicable beyond its
limited utility and acceptability.
Whereas, Fiat Currency is a legal tender because it is recognised by the
Government. The Government that is
elected through the process under the Constitutional provision to which the
people have given its consent.
In the global environment, it will be incorrect
to say that the hegemony of US dollar created the supremacy of the US trade
relations. The US trade relation is open while its strategic relations make the
US Dollars most demanded. US Dollar being an International currency, where the
United States of America enjoys the currency sovereign. US has strategic
relations will all the country across in the World System. It makes US Dollar
the governance of their strategic relations. Further, it is the migration
policy that makes the supremacy of the US system. The US hegemony is sustained
because almost every country earns dollars through migrant workers in the USA.
Trump used sanctions and stopped
Russian companies like Rusal Aluminium from accessing the dollar-based
financial system in 2017 and then on Rosneft Oil in 2020. Since then the US has
over 30 active financial-and trade sanctions that cut access to the Federal
Reserve that have had severely de-stabilised and targeted weaker
economies like Iran, Iraq and
Venezuela. The Trump administration tried to pressurise the IMF not to
assist Iran for COVID relief package.
Financial sanctions play a significant role in
the governance. Flow of money and the
trade do influence national and international relations in every sovereign
country.
2.2.3 Crypto currency
Crypto-currency
is a virtual currency that has no root.
It is a virtual system duly blocking the cyberspace through block
chain. A cryptocurrency is a digital or virtual
currency that is secured by cryptography,
which makes it nearly impossible to counterfeit or double-spend. Many
cryptocurrencies are decentralized networks based on block-chain technology—a distributed ledger
enforced by a disparate network of computers. A defining feature of
cryptocurrencies is that they are generally not issued by any central
authority, rendering them theoretically immune to government interference or
manipulation. Thus Crypto-currency by-pass the sovereign authority of any
country and its accountability towards paying taxes and other duties while
using the resources and services of the country. This is a monetary system of the virtual
world based on the theory of Special Economic Zones that is beyond the ambit of
National Law and Order.
Though, the US plays a conversion role in the
global market and Euro in the European Union transaction, the 'absence' of the
Global Central Bank, i.e. global currency, there are many trade transactions
that are against the free trade. The space created in the absence of the
Central Monetary System, cryptocurrency is making its space in the virtual
trade. Though the US government has given the legitimacy to the cryptocurrency,
but it is not defined the legitimacy of the consumption of this virtual
currency. The U.S.
government said on Thursday that lobbyist and former convict Jack Abramoff had
agreed to plead guilty to violating a federal lobbying disclosure law in
connection with an alleged fraudulent offering of the cryptocurrency AML
Bitcoin. Abramoff pleaded guilty in 2006 to felony counts of conspiracy, fraud,
and tax evasion. He returned to lobbying
in late 2016 (here) when he
tried unsuccessfully to set up a meeting and phone call between Republic of
Congo President Denis Sassou Nguesso and then-President-elect Donald Trump via
Republican Congressman Dana Rohrabacher, according to a public disclosure filed
with the U.S. Department of Justice the next year. Crypto means concealed/secret indicates that it is an undercover
system and cannot have government to government dealing. This makes Cryptocurrency not suitable for
the International Trade. This currency puts a huge impact on
international trade laws in many ways as it affects the volume of transactions
thereon. International law provides a manner, in which cross-border
transactions should flow. Currently, crypto-currencies are not regulated and
legal in many of the nations. For instance, the Financial Conduct
Authority of UK does not consider such currency as a valid mode of
exchange. In such a scenario, the issue is the manner to deal with
international transactions. As mentioned in the above discussion that this
currency is far significant for the transaction, it challenges the current
provisions of international trade law. Cryptocurrency is something similar to the selling a portion
of land in the moon, i.e. virtual transaction.
Cryptocurrency works as colony where certain
productive resources are blocked for others to use to the resources. This is
done through Cryptography. Cryptography is operated by the IT professionals
that is the reason the exchange value of cryptocurrency is much higher than the
fiat currency. Cryptocurrency are used for the transnational syndicates and
covert operation by the military. Cryptocurrency is another form of Truck
system since it functions as closed economy. Though cryptocurrency do not have
a centralised system and has not legal value, it is administered by
Cryptography, i.e. technology. Cryptography
involves creating written or generated codes that allow information to be kept
secret. Cryptography converts data into a format that is unreadable for an
unauthorized user, allowing it to be transmitted without unauthorized entities
decoding it back into a readable format, thus compromising the data. Thus, cryptocurrency is alienated from the mainstream monetary
system. Though cryptocurrencyclaims that the system is democratic in the
monetary policy system since it is not centralised. However, this system
is technology oriented and has not legitimacy by the governments. Even though
Indian Apex Court has lifted the RBI ban on cryptocurrency as liberty to do business,
but the legitimacy of cryptocurrency has to come from the Government.
The US has approved cryptocurrency since the US
has open and liberal economy and has space for every venture. Further US has
strategic intelligence sharing and defence ties with all the countries in the
world. US military uses covert operations. Thus, cryptocurrency is of utility
to them and to their network. It might have a conversion provision. However,
the sovereign nation that has a monetary policy through production and trade,
cryptocurrency has less relevance or no relevance.
2.2.4 Currency and its counterfeit
Though it is only 3% of the money that
is generated from the Central Bank, which is currency, i.e. coins and notes,
but its impact in the circulation has larger effect. Its exchange value and the
purpose has not only effect the people's life, but also to the companies. If
there is a flow of counterfeit money in the circulation, then there is no
system that can be reimbursed for the counterfeit and thus, it affects the
buying power. Further excess flow in the circulation creates inflation. Besides
this, the sustainability of the counterfeit currency discourage cash
transaction and opt for other means of transaction, such as digital.
Though all the people are not able to
use the digital system, thus lack of flow of currency creates unemployment and
purchasing flow. This affects the economy of the country. The counterfeit
currency encourages the hoarding of cash and investment in gold to protect the
value of investment or money.
2.2.5 Monetary sovereignty or Currency sovereignty
Monetary sovereignty is the basic of any
sovereign nation since the monetary sovereign makes policy of the country
independent. It is similar to military sovereignty. However, the monetary
sovereign should be based on some standard value. The standard values could be
based on the resources available or the worth of resources, i.e. Natural and
Human Resources. Monetarily Sovereign nation has the unlimited
power to create its sovereign currency, it never needs to ask anyone for
dollars. It doesn’t need to
tax or borrow, and it never can be forced into insolvency. It can pay any dollar-denominated invoice of any size at any time. However, tax is not
just the collection of money, but a duty to bind the citizens with the
Institution, i.e. accountability to the State.
In
the present context, the regional power forming a guild to counter the US
hegemony. US having monetary sovereignty
uses its privilege to its International Relations. Its hegemony does not rely on the ability to
print currency, but it strategic relations such as defence ties. The March 2020 conference of finance ministers of the
Shanghai Cooperation Organisation that includes China, Russia, Central Asian
states, India and Pakistan agreed to send recommendations finalising a roadmap
to conduct bilateral trade, investments, mutual settlements and issue bonds in
national currencies. This system is being expedited after US actions during the
pandemic. US strategic relation is meant to implement the
International Laws and protect Human Rights.
Thus, any association or regional federations that abuse human rights
and threatens the sovereign of any country is countered by US through
sanctions.
The value of Dollars are easy to handle since no
countries has monetary sovereignty and thus, dependent on the exchange value of
US Dollar. This makes countries to have cordial relationship with US. Though US
is a land of world migrants and thus, uses these migrants as workforce against
the exchange of US dollars. This is another form of Industrial Dispute. This
makes US control over the workforce and uses its immigrant policies to
negotiate deals, either in trade or other international relations.
BRICS being a new trade relations under core-periphery,
i.e. dependency theory controlled through the new central banking reserves. The BRICS’s New
Development Bank, proposed disbursements in national currencies in 2015. In the
April 2020 annual board of governors meeting with BRICS finance ministers,
president of the bank K.V. Kamath said that in 2019, a quarter of the USD 15
billion of financial assistance was given in local currencies. Kamath said that
BRICS had no intention of destabilising the dollar but “50 per cent (of
projects) should be local currency financed”. The regional banking system could be another form
of central bank or reserve, and could have commercial banking network. However,
it cannot substitute the US dollars since the US dollars has the world
acceptance. Further it has strategic value in international relations. Whereas,
BRICS Bank or other regional banks has challenge from local, i.e. national
acceptability and global legitimacy.
Thus we need to have a monetary system that should have a
standard values based on National sovereign standard along with its exchange
value with the global system. Regional
Banks can have its trade relations balancing the two.
2.3 Share, Stock and International Institutions
After analysing the economic policy of the
sovereign government, through fiscal and central banking system, the third
aspect of the monetary system is Shareholding.
Shareholding is the generation of money from the communities of
individuals, entrepreneurs, government and foreign investors. Whenever a company wants to raise funds for
further expansion or settling up a new business venture, they have to either
take a loan from a financial organization or they have to issue shares through
the stock market. In fact the stock market is the primary source for any
company to raise funds for business expansions. If a company wants to raise
some capital for the business it can issue shares of the company that is
basically part ownership of the company. To issue shares for the investors to
invest in the stocks a company needs to get listed to a stocks exchange and
through the primary market of the stock exchange they can issue the shares and
get the funds for business requirements. There are certain rules and regulations
for getting listed at a stock exchange and they need to fulfill some criteria
to issue stocks and go public. The stock market is primarily the place where
these companies get listed to issue the shares and raise the fund. In case of
an already listed public company, they issue more shares to the market for
collecting more funds for business expansion. For the companies which are going
public for the first time, they need to start with the Initial Public Offering
or the IPO. In both the cases these companies have
to go through the stock market. Thus, stock market become a collection centre or the coordinator between
the investors and the companies. This
bring money in the economy sector through public or any other sources. The factor the makes this forum identical for
the investor is the ‘risk’.
Shareholding is not all about collection of money
through investment by public, government and financial institution to develop,
expand or creating new business.
Shareholding is means the division of the Resources in the world order
by the International Monetary banking system such as World Bank and
International Monetary Fund. The
International Monetary Organisation creates money, whereas, World Bank invests
those money to the underdeveloped and developing countries through
infrastructural development projects.
These investments are either by loans or as conditional aids.
Stock is a parallel system of the banking
monetary policy. Stock is a collection from the public, whereas, bank generates
through credit system. Thus, Stock and Banks are competitors in generating
money. Whereas, Tax is a collection of money for the government expenses and
welfare measures by the Government. Thus, stock becomes the mutual fund, which
is the collection of money towards mutual investment. These mutual investments
are separate from the Central Banks and Government. The global stock market rally represents a
gamble by investors that central banks will ignore the risks of a build-up in
debt and continue to provide support at the current record levels, the
International Monetary Fund has warned. There is no accountability or the demurrage in the Stock
market. It plays mainly through
risk. Many times these risks are
manipulated to which the investors have to bear the loss. Stock market is the game of manipulation.
These three aspects are part of the monetary
system, i.e. Central Bank, Government and Stock Market. These three forum
functions towards the collection of money than generating money. Money is
generated by the labour, i.e. workforce. The role of Political Parties play a
crucial aspect in managing the workforce. The people are the human capital of
these segment that are captivated by the Political Parties, which is the
independent forum and not part of the government in legal term. These political
parties consolidate the workforce though ideologies and identities. The
consolidated workforce are used towards the economy generation for licit and
illicit economy. The Political Parties channelize the workforce as contractual
labour to facilitate cheap labour or forced labour. These political parties
hold a significant role in the Industries through shares in the business
through workforce. These workforce create a share for the political parties
towards economy generation. This also aid industrial disputed towards their
vested interest.
2.3.1 Mutual funds/chit funds
Mutual funds and chit funds are two forms of
stock that is again a collection of money towards a common goal. Mutual Fund is macro collaboration, whereas Chit
Fund is micro collaboration. Mutual
funds are used to take over world resources, i.e. mines, minerals, natural
reserves, trade routes, ports, etc., whereas Chit Funds are used on taking over
local resources, i.e. lands and properties. At the end of 2019, mutual fund assets worldwide were $54.9 trillion, according to the Investment Company
Institute. Mutual Funds are absolutely private entity where Central
Banks and Government have no role in it.
Through mutual fund investment, the National resources go into the hands
of private entity and use against the State System.
The funds collected through the masses are
generally used to fund the local terror outfits or global terrorism to use a
pressure tactics to influence the government policies. The organised crime of violence through
Naxalism or Maoism under the tag of class war is funded through Mutual
Funds. Mutual funds organise the local
trafficker or crime operators to facilitate its control of the activities. The Commercial Banks are involved in this.
2.3.2 Currency Feudalism and gold standard
Special
Drawing Rights (SDR) is a form of economic feudalism designed specifically to
control the monetary system of the World.
Allocating five currencies, i.e. US Dollar, the Euro, Chinese Yuan, the
Japanese Yen and British Pound Sterling as a basket subjugate other world
sovereign nation values of money. These
currencies remain its hegemony as Industrial network to expand and take over
the world market. The
SDR is an international reserve asset, created by the IMF in 1969 to supplement
its member countries’ official reserves. So far SDR 204.2 billion (equivalent
to about US$281 billion) have been allocated to members, including SDR 182.6
billion allocated in 2009 in the wake of the global financial crisis. The value
of the SDR is based on a basket of five currencies—the U.S. dollar, the euro,
the Chinese renminbi, the Japanese yen, and the British pound sterling.
These currencies remain its hegemony as Industrial network to expand and take
over the world market.
The
Monetary policy of the Central Banking of the SDR countries are different from
its government. They are the network
that aid to the credit system and influence the foreign policies and trade
relations. The credit given by these SDR
countries further subjugate the lender countries to its policies. The trade relations of these countries are
not just, but as a borrower and creditors.
These lending leads to create a market, to which the borrower countries
get into the debt trap and ultimately, the workforce are compromised with their
remunerations as a mortgage.
The
role of World Bank Group, an international organisation, which is a defacto arrangement of the imperialistic
agenda that gives conditional aid. This
makes people of the sovereign country debt slave by birth and even when they
are taxpayers and did not take any credit or loan. The World Bank Group
(WBG) is a family of five international organizations that make
leveraged loans to developing countries. It is the largest and most well-known
development bank in the world and is an observer at the United Nations
Development Group. The bank is headquartered in Washington, D.C. in the United
States. It provided around $61 billion in loans and assistance to
"developing" and transition countries in the 2014 fiscal year. The
bank's stated mission is to achieve the twin goals of ending extreme poverty
and building shared prosperity. Total lending as of 2015 for the
last 10 years through Development Policy Financing was approximately $117
billion. Its five organizations are the International Bank for Reconstruction
and Development (IBRD), the International Development Association (IDA), the
International Finance Corporation (IFC), the Multilateral Investment Guarantee
Agency (MIGA) and the International Centre for Settlement of Investment
Disputes (ICSID). The first two are sometimes collectively referred to as the
World Bank. The network of the
International financial organisations have many layers. These networking
control the government to benefit their agenda of lending or credits. They also provide conditional aid as the
acquisition process under wealth management agenda of the world elites.
The
invasion through the banking aids or the credit facilities encourage foreign
direct investments to capture the crucial resources such as human
development. Through the
non-governmental organisation, they encroach the national policies and use the
people towards experiment as the field research of the technical innovation of
health and pharmacy. The World Bank's (the IBRD and IDA's)
activities are focused on developing countries, in fields such as human
development (e.g. education, health), agriculture and rural development (e.g.
irrigation and rural services), environmental protection (e.g. pollution
reduction, establishing and enforcing regulations), infrastructure (e.g. roads,
urban regeneration, and electricity), large industrial construction projects,
and governance (e.g. anti-corruption, legal institutions development). The IBRD
and IDA provide loans at preferential rates to member countries, as well as
grants to the poorest countries. Loans or grants for specific projects are
often linked to wider policy changes in the sector or the country's economy as
a whole. For example, a loan to improve coastal environmental management may be
linked to development of new environmental institutions at national and local
levels and the implementation of new regulations to limit pollution. Through conditional
aid, they make sure that the poorest countries surrender their resources and
workforce to the members of the International financial organisations.
Loans
makes the lender countries to surrender their policies to the SDR
countries. This makes the World system
neo-colony. Further, the loans from
World Bank and subjugated governments give sufficient space for the
transnational crime syndicates or feudal to enslave the population as debt
slaves. The World System on Dependency
theories works as core, semi-periphery and periphery nations. The currency flows from the core through the
transit nations to the periphery countries and the benefit of the policies
become bleak to the periphery countries.
Thus, the periphery countries retain their poverty and unattainable
development.
The
role of International Monetary Fund is to administer the currencies in the
world system. This currency
administration seizes the monetary sovereignty of the sovereign countries. The quota system provided by IMF reflects the
boundaries of the capacity of the money mobilisation to administer the
respective countries. The reserves of
gold is measures as value of money. The
IMF is provided with a fund composed of contributions from member countries in
gold and their own currencies. The original quotas were to total $8.8 billion.
When joining the IMF, members are assigned "quotas" that reflect their relative economic power—and, as
a sort of credit deposit, are obliged to pay a "subscription" of an
amount commensurate with the quota. They pay the subscription as 25% in gold or
currency convertible into gold (effectively the dollar, which at the founding,
was the only currency then still directly gold convertible for central banks)
and 75% in their own currency. The
quota system block the scope of growth, whether it is monetary or skills in any
system.
Gold as a standard of currency not because of its
characteristic of the metal, but the values of labour. The cost of gold is
determined by the labour engaged in the process for gold and silver. Further is
gold as the resources available in the region and the labour applied in
extracting with the pre-industrial technology, makes its most valued metal. People who
understand metals will know that gold is not a rare metal, but it is difficult
to find and extract the same in large quantities with pre-industrial
technology. Gold’s prime characteristics
of being corrosion resistance and easy to work on makes it highly desirable for
various purposes, such as decoration and other industrial purpose. The utility of
gold is not just the standard of currency, but it is also an investment and has
exchange value.
Thus
gold and silver (bullions) were always treated as trading values. However, in the modern time, pre-industrial
process has taken over industrial process and its workforce has huge technical
and intellectual capacity. The gold
standard in the monetary policies is undermining the other capacities of
workforce. Further the gold is not
available in many parts of the world.
This is making the standard of those region bleak under the tune of
International monetary system. The
possession of gold makes the people/countries rich and the modern and evolved
skills are subjugated in the hand of pre-industrial process.
In
the modern context, the value of currency should be based on the value of
resources, i.e. natural and human based on their skills. This will encourage the countries to raise
their skills to raise the value of their currency. The Gold standard is now a history under the
digital currency system. The gold as a
metal will retain the process of currency and not the value of currency of any
sovereign country. This will yield the
monetary sovereignty of any country.
2.4 Global
Impact on Trade Unions
Trade
Unions are similar to Stock Market in the Central Banking System, i.e. its
autonomous status. Stock market is an
independent body that is handling the money business through the collection of
money from the investors. They also
provide shareholding through its stock to the new business or expansion of the
business. Similarly, Trade Unions
created an autonomous entity in parallel to the international monetary system
and the workforce forum. Trade unions
control the skilled people as workforce and negotiate benefits for its members
from the Business houses or Industrial lobbies.
At
the international level, the formation of the International Confederation of
Free Trade Unions (ICFTU) in 1949, around the same period as the establishment
of the United Nations and the Bretton Woods system, is a clear indication of
the labour movement’s recognition of the need to consolidate in the face of the
globalization of the multilateral system. The formation of the ICFTU was an
early indication of Labour’s answer to the globalization of the world economy.
This trade union international centre continues to play a major role in shaping
the forces of globalization.
Skilled
labours are the assets and to assembling them through unions was securing the
assets of skills.
Post
World War II, the freedom struggle given a sovereign country status in the
world order. However, the World system that has international policy towards,
trade, monetary balance and development of the underdeveloped countries were in
the hands of GATT, IMF and World Bank.
The
three institutions provided the framework for international transactions, with
the aim of removing protectionism which was partly responsible for two World
Wars, and promoting full employment and economic growth.
At
the centre of a multilateral trading system are:
1.
A group of economic actors and agents Investors and financiers, importers,
exporters, producers, consumers and workers.
2.
Facilitators Service providers such as bankers, insurance agents, transport and
telecommunication services.
3.
Rules of engagement Laws and treaties
The
three framework institutions each had separate roles to play in the
multilateral system.
This
has made Trade or Economy growth of the World in the hands of imperialistic
power and this paved the way towards neo-colonisation. It was not easy for Trade Unions to keep
their position intact. Since there were
barricades of the sovereignty and internal policy making that was controlled
through these International Organisations for Trade, Money and Laws for
engagements.
To
maintain the imperialistic agenda, there remained the flow of investment in the
Third World Countries through the Regional groups such as ASEAN. The flow of
investment and technologies in the region to get the best use of productivity
of the Imperialistic economy to capture the regional market. However, this International policy destroyed
the indigenous economy and workforce culture.
This paved way towards the syndicate like (Chao Pho)
of unorganised and unskilled labour which became the hand tool of Organised
Transnational Crimes that further facilitated the imperialistic agenda.
Between
1985 and 1990, the Gross Domestic Product of Thailand grew at the rate of
10.3%, making it the fastest growing economy in the world. This was a
tremendous achievement for a country which started with an agricultural base,
but which became a major exporter of manufactured items with large industrial
parks, using advanced technology and producing for the informatics and
telecommunications markets. Japan provided 30% of the investment needed to
develop the country, but other investors were drawn from Hong Kong, the USA, the
United Kingdom, and some countries of the European Community.
The
vast expansion of Thailand was accounted for by increased inputs of capital,
labour and technology but was not driven by efficiency with the result that
diminishing returns set in. Between 1990 and 1996 growth slowed to 8%, and by
1997, the growth rate fell to -0.4%. The result was a wave of unemployment,
bankruptcies and conflict in the society.
The crash of the Thai economy was similar to that which affected the
other countries of ASEAN. It has been blamed on financial and capital
liberalization and deregulation, as well as structural problems in the economy.
The
crash of Thai economy is the evidence that the imperialistic policy cannot be
random and should also be based on the local virtues. Though the foreign investment and technology
became the devastated for the Thai economy and conflicts in the society, but
the Korean economy grew immensely in the 35 years. Korea can also be
examined as a country which was industrially backward in the 1950s and which
benefited from regionalization and globalization, so that by the 1990s, it was
the 5th largest car producing country in the world; had developed a most
efficient steel industry and was the home of a thriving microchip industry. Per
capita income increased from US$200 to nearly US$10,000 over 35 years. The reason behind Korea
economic development is being a coastal land and adjoining to Central
Asia. This industrial distribution is
not due to workforce emancipation, but to deal with Japan and China’s economic
supremacy in the region.
2.4.1 Globalisation and Division of Labour
Globalisation
is not all about the division or destroying the trade unions, but it certainly
challenges the Trade Unions existence is a consolidated way.
During the 20th century,
craft unions lost ground to industrial unions. This shift was both historic and
controversial because the earliest unions had developed in order to represent
skilled workers. These groups believed that unskilled workers were unsuitable for
union organization. In 1935, for example, the AFL opposed attempts to organize
the unskilled and ultimately expelled a small group of member unions that were
attempting to do so. The expelled unions formed the Congress of Industrial
Organizations (CIO), which by 1941 had assured the success of industrial
unionism by organizing the steel and automobile industries. When the AFL and
the CIO merged to form the AFL-CIO in 1955, they represented between them some
15 million workers. At the same time, mass unions began appearing in Britain
and several European countries, and before the end of the century the
industrial unions—embracing large numbers of unskilled or semiskilled
workers—were recognized as powerful negotiating forces. Engaging the large number of
unskilled or semiskilled workers for negotiation were a transition of creation
a larger number of people as a community under the tag of class or ‘have-not’.
They were creating a parallel workforce of different aptitude besides the
industrial skilled workers. That means
jobs of different skills.
Trade Unions were the biggest challenge to the
Industrial development since it was becoming an obstacle to the Industrial
growth. The various forms of agitation and strike towards negotiation for the
welfare of working class became the concern. The Trade Union were expecting the
role and responsibility of the State from the employers, i.e. welfare measures
from the economy class responsible for the economic expansion by the
enterprising skills. The absence of the State welfare that remains a political
obligation were burdened over the economy. Economy generation were parting the
profits and income as tax to the State that is responsible for the protection
of the interests of the class, i.e. securities and welfare measures. State is a
collective consensus, all those engaged, whether government, economy,
institutions and working class and their dependant become the collective
responsibility of the State.
In the absence of the concrete solution to the
welfare measures of the working class and its dependence, the Industrial class
found the solution by diversifying the means of production. This expansion was
not primarily to use the division of labour or the competence of various skills
in the world, but also the capture the markets.
For
example,
The
major economic feature of globalization is the dominance of the Transnational
Corporation, and the international division of labour in which the world
economy can be organized as a global assembly line. An example is given in the
following illustration of how a Pontiac Le Mans motor car is produced:
1.
South Korea is responsible for the assembly operations.
2.
Japan makes the advanced components, engines and electronics.
3.
Germany provides the style and design.
4.
Taiwan and Singapore make the small components.
5.
English firms advertise and market the product.
6.
Barbados and Ireland handle the data processing.
7.
Detroit is the seat of legal and banking facilities.
This
diversification of the production of the component and to create a global
market is not an agenda against Trade Unions.
While the distribution of the work to the various countries contribute
to the stock market and collection of investment through shares in the
corporate sectors. Besides this the
division of the manufacturing units also contribute to the market of the end
products towards the indigenous consumption.
This economic strategy is a void from the welfare measure of the State
towards its people. Thus, Corporate
sector are becoming the parallel system of the State and responsible for the
weakening of the State. By the end of the 20th century the globalization of the
workforce had brought new challenges to the labour movement, effectively
weakening collective bargaining in industries whose workers could be replaced
by a cheaper labour force in a different part of the world. Though the global strategies of the imperialistic power
not only weakening the Trade Unionism, but also the indigenous economic
structure. Having collected from the
money from the private investors, the credit system of the central bank made
people into debts. These debts create a
large force of cheap labours to the corporate sector.
The
corporate policies further changed the work-culture. From an employment that
facilitated social security has shifted to the contractual working. The
Caribbean is witnessing privatization of state enterprises, the development of
atypical forms of employment contracts, attempts by employers to contract and
curtail benefits gained over the years, and attempts at bolstering productivity
by flexibilization of various types. The contractual work culture further created a labour contractors which
remained for a specific period. Hence, the labour instead of the direct
relations to the management remained in the grip of the Human Resources /
placement sector or departments. The placement agencies could be part of the
corporate or franchise. This destroyed the very fabric of Labour Unions. The
contractual jobs demeaned the benefits of the employment. The benefits of the
employment remained consolidated in the pay packages. Thus, the actual remuneration
of the labour remained very low. The major threats to the worker in
globalization include reduced job security, having to compete for jobs
worldwide, and the danger of having their wages and salaries driven down. The increasing jobless
or unemployment is due to the captivation of resources and its selective
utility, i.e. workforce, market and policies by the corporate. Ample unemployment and shifting of global
policies are creating job insecurity.
The decline of Trade Unions happened during the
process of globalisation. Trade Unions were replaced by NGOs and
INGOs that rendered their services to the benefit of the neglected people
of the societies. These NGOs and INGOs
remained a pressure group on behalf of Corporate against the Government towards
policy making that would benefit their sector.
Chapter
3: Industrial
Dispute - a criminology perspective
Though the civility has evolved through
technology, the aspiration for rights has also encouraged through academic
discourse, activism and mass awareness. It can be said that historically, there
were engaging process to hold the labour by the privileged groups. However, the
criminality of the process comes while engaging the workforce, when there is
deliberate refusal to provide them with the right remuneration of their labour.
This is called exploitation. Exploitation is crime in a civilised society. Slavery
is a curse in a modern society, but it is term given academically, about those
people who serve. Giving services was part of the inter-dependent society. Services became slavery when there was
forcefully captivation of the labour due to scarcity of the skilled people. The
tactics used such as chattel system, or debt slave, etc. proved that services
can be enslaved. This enslavement is the key point to study the Industrial
dispute in criminology perspective.
Criminology
does not limit to the individual’s social and psychology condition, but it is
the system that keeps the imperialistic agenda to suppress the people,
captivate skills and kill life. The
political science of criminology attack the structure of crimes, where people
are on the receiving ends and then crime become an outcome, consequences or
compulsion.
Historically,
the means of production has defined the State-society relations. Whether, it is feudal or monarchy or
democracy, the theory of means of production remained a perspective of dispute
among the trade relations.
Disputes creates instinct of crime and this also
happens to the world system, when the workforce and Entrepreneurship conflicted
instead of being the complementing to each other. Towards overpowering each
other in the trade relations, i.e. the Entrepreneur skills and workforce took
the different path to counter each other.
The
Industrial Dispute as an academic discourse has legitimised the criminal
instinct in tune of class war. War is
also a negative and leads to destruction of the civility. Marxist perspective
recognizes inequalities in power in the employment relationship and in wider
society as a whole. Consequently, conflict is perceived as an inevitable
result. Weakness and contradiction inherent in the capitalist system would
result in revolution and the ascendancy of socialism over capitalism. Thus, this
perspective has given a rise of class war which has taken as a shape of
ideology. A systematic syndicate was
formed that earned its survival through Terrorism, Naxalism, covert operations
and contract killings. Trafficking of
population became a tool to which all forms of slavery, i.e. Chattel slavery,
debt slavery, penal and lease slavery and truck system is used to sustain the
unorganised labour under an ideology of class war.
3.1 Dictatorship of Proletariat
Though
there have been variation in the common score of proletariat by various
theories, the proletariat it has a varied class. They are not mere working class of the
Industrialised society. The Proletariat, the lowest or one of the lowest economic and social classes
in a society. In
Indian context, these proletariat is called dalit.
Proletariat or Dalit are the base of the society. The evolution of the society start from the
base and sustain from the base. If the
base is weak, no structure will have a longstanding and it will collapse. However, the value of the base is when there
is a roof. This roof is called bourgeois
class. In the context of Indian
sociology is Bramho-kshatrya-vaishya class.
Brahmo is scholar, protects the morality of the society. Kshatriya is administrator of the society and
Vaishya are the economy generation for the society and Shudhra are service
class.
The proletariat
class are of different culture, i.e. the Industrial based society and the
agriculture based society. Thus, the
Marxist/Lenin and Maoism perspective for the proletariat class is also
different. The common factor of both the
approaches, is the armed conflicts. The
dictatorship of proletariat has to be the violent since dictatorship cannot be
achieved through consensus. Naxalism is considered to be
one of the biggest internal security threats India faces. Naxal
violence is related to the intensity of the feeling of people of their deprivation and their
commitment to take revenge against those who are believed
to be responsible for such denial. Currently, the main supporters of the
movement are marginalised groups of India including Dalits and Adivasi’s, who
believe they have been neglected by the government. Bloody war or killing is the only solution in the
dictatorship of the proletariat.
The conception of State remained limited to the Government.
The Central Banking system, which is controlling the monetary policy could not
reach to the aspiration of the proletariat class. The proletariat class
remained the union of craftsmen and could be part of the trade union based on
industrial skills. The absence of the presence of government or limited
governance, the indigenous communities lost its essence to the credit facilities
of the banking system. There were no provision of the repayment of loans along
since there was no generation of money. The only benefit they got that they
enjoyed the status of the tax evasion class for the government. The proletariat
class remained a political capital of semi-skilled and unskilled by way of
ideologies exploitation. Thus, the proletariat class is a class of isolation
from the monetary policies of the existing system of Central Banks. Nature and
apathy of the political system towards tribals remained one of the most
important factors that led to such uprisings.
Inability of political authority in India to provide avenues for
structural uplift to the deprived sections of society in the affected states.
Lack of political participation by the tribal community. The absence of government apathy, this segment was
taken over by the proletariat ideology and remained a conflict zone against the
State and equipped people as class war.
The absence of circulation of currency in
the monetary policies for the remote areas created a gap. This gap is filled by
the cartel which are engaged in agitation, violence and massacre towards the
extortion of money, so that the currency, i.e., legal tender can be availed in
the neglected zones. After all, these deprived region are also a part of
inter-dependent societies. Naxalism, as Maoism in India
is often called, rides on the slogans of economic exploitation and
underdevelopment1. However, the Indian Maoist literature does not
lay out any well-articulated economic programme; it speaks more about
ideological and organisational issues, against capitalism, imperialism,
globalisation, Special Economic Zones (SEZ) and industrialisation. They vaguely
mentioned about people’s democratic economy in the following words: “All the
industries, banks and other industries of the Imperialist and the comprador big
bourgeoisie will be expropriated, turned over to the new democratic state, all
lands will be expropriated and distributed to the landless. On the face of the crisis these people of
the remote region are not able to get the benefit of the State system. The
absence of the circulation of currency made them under-developed even after
independence. Their resources are taken over by the State for the multinational
projects that not only destroying the environment but also their indigenous
means of survival. Between
the first phase of Naxalism (1967 to 1972) and today’s Maoist movement, vast
changes have occurred in the taxonomy of Naxalism. Today,
it has metamorphosed into a highly rigid and militaristic movement, more intent
on terrorising segments of population than on supporting people’s causes. The intrusion of the multinational projects in the remote zone changed
the culture of the initial Naxalism, since the flow of money from abroad
changed their culture of activism. The national issue has taken over by the
global syndicates towards the negotiation, extortion in the world order in the
tune of Globalisation and Special Economic Zones.
3.1.1 Periphery countries and Maoism
The taxonomy of the Naxalism has taken over a
large sphere of economy of violence, espionage and extortion in the global
order. From a revolt of a remote region to the global order is not possible
with a systematic arrange and the consensus of world power. Marxist’s
class war and Lenin’s organising cheap labour has created a parallel system of
economy. This economy survives of the
theft of Intellectual property, counterfeit products and cheap labour market
through violence, coercion and corruption in the State system.
After the disintegration of USSR, there were no
scope to take over the cause of the proletariat. A significant portion of the
world population could not benefit from the Industrialised liberal economy
since there was lack of governance of unskilled or craft unions. European Union further fortified the scope of
international relations and trade.
Germany being the advocacy for the communism, it created a fabric of
organisation based on Marxist-Lenin and Maoism ideology in various periphery
nations. International Conference of Marxist–Leninist
Parties and Organizations (ICMLPO)
is an international grouping of political parties and organizations adhering
to Marxism–Leninism–Maoism founded
in 1998 by the Marxist-Leninist Party of Germany. It is
organized by a Joint Coordination Group and meets every two or three years. This is a crucial network in the era of globalisation and
needs a proper study of their networking and political patronage.
Students remain the target of political
motivation and are used for political purpose such as revolt, protest, agitate
even though the process remains the peaceful method. When these agitations
become violent as strategy, they get into the trap of penal slavery under the
process of law. Students being the energetic having a long tenure of life
become easy prey for the syndicate of involuntary servitude in the later run.
Gradually, they get into the organised crime in way of militancy and become a
part of armed groups. Founded in September 1976, MLCO Proletarian Way traces its roots
from the student and workers' movement of May 1968. It absorbed militants
from various previously disbanded Marxist–Leninist organisations, such
as Gauche prolétarienne. The organization
takes part in the International
Conference of Marxist–Leninist Parties and Organizations (International
Newsletter). Proletarian Way also support the
people war in India and Philippines. All the freedom struggle movements starts as student
movements, which is then taken over the organised groups and the miscreants of
the society.
The militancy of the Proletariat ideology is a
structure through networking. This network has spread across the globe
controlling the periphery nations or the disputed territory of the region or
the ethnic groups by way of identity and ideology conflicts. Other groups of
this network, such as homosexuality, gays, lesbians, i.e. LGBTQ community
have been given an identity, however, sexual orientation has a private choice
and cannot be an identity group, just like vegetarian and non-vegetarians.
Women are also included as 'feminism' to protect them from the criticisms from
the civility. These anti-sexism gave a protection from the immoral acts under
the tag of women's choice or freedom. Identity and Ideology of the tool of
process of assimilation of this structure. Proletarian Way is active in all the struggles of the working
class and the proletariat, in factories and popular neighborhoods. For example,
the struggle for employment, support for immigrants, against sexism and
homophobia etc. In trade unions,
particularly in General Confederation of Labour (France), it participates
in the development of red fraction with the blog "Où va la CGT?" The rights of LGB groups as community has taken over the community of
Transgender, who are born. LGB is an
orientation, whereas, transgender born biologically. Thus, transgender are
different from the LGB community and treated as Third Gender. LGBTQ is
taking over the biological third gender is another form of aggression or
dispute.
If the detailed research is done the ICMLPO, i.e. International
Conference of Marxist Lenin Parties Organisation, is a syndicate originated,
i.e. concept from France and executed by Germany that took over the militancy
assignments of violence, wars killing, displacement and even pandemics through
its network spread over the member countries. In late
1995, a series of general strikes were organized in France, mostly in
the public sector. The strikes received great popular support, despite
paralyzing the country's transportation infrastructure, and other institutions.
The strikes occurred in the context of a larger social movement against the
reform agenda led by Prime Minister Alain Juppé, and they constituted the
largest social movement in France since May 1968. The
November–December 1995 general strike has been seen as a turning point in the
social movement. Many organisations were created in the aftermath of these
strikes. The strikes are being tool to consolidate the fabric of dissent so that
the negotiation could be done in a large scale.
The funding of such assignment is done by
Mutual funds collected from the investors, to which they become a beneficiaries
in the longer run. For example, the market created for Dassault Rafale
air-fighters for Indian Air Force, was an assignment for the lobbyist that is
executed through many manipulations, such as bribing and violence. These are
the expenses of the assignment that is used through the money collected from
the mutual fund. The profits of the assignments are paid through various forms
such as advertisement Media, donations to NGOs / INGOs and other means. These
mutual funds are the fundraiser either through commercial or private banks or
other financial and credit institutions.
To create such a committed network for the
parallel economy, there is a need of a fine knitted fabrics to execute such
assignment such as Rafale deal. Such assignments whether of a new venture or
market or cheap labours such as Syria crisis were there has been a huge
displacement and migration to Europe. This is done through a network of
International organisations. This needs a proper study that how such
network functions. For the 2017 federal election the MLPD formed the Internationalistischen
Bündnis (Internationalist Alliance) coalition. The coalition is made
up of different local electoral groups, migrant organizations (such as ATIF, ADHK and
the German section of the Communist
party of Iran) and labor union groups. The network of migrant organisation in the land of
origin and in the destination land has the significant role in created various
support in the execution of the assignments. Such migrant organisations are
the trafficker of people of the proletariat section of the society.
If a separate studies is done on these
networking and its political relations, it will expose that the crime is an
economy. The economy is being facilitated by Germany, which is invested in
China. Thus, China foreign investment is from the economy of transnational crimes
of various forms. The ICMLPO that is founded in 1998 is both challenge and
facilitator to the globalisation. This is a real face of Transnational
Syndicate that is cause and challenging threat to the State Institutions and
national policies.
3.2 Espionage
– an intrusion
The
proletariat syndicate functions through the network of espionage and sleeping
cell, which operates from Germany through ICMLPO members in their respective
countries. ICMLPO do not make
governments, but control the system through the networking of spies. ICMLPO has a French legacy though executed by
Germany has spread across the world of periphery nations and created a network
of spy.
The Legacy of the espionage system is behind the
parallel Industrial corridor, post-American independence from the British
colony. The British colony was replaced by France, where France in the name of
liberty and freedom for Americans took-over the USA's industrial belt through
acquisition process. Historical
accounts have been written of industrial espionage between Britain and
France. Attributed to Britain’s
emergence as the “Industrial creditor”, the second decade of the 18th
century saw the emergence of a large-scale state sponsored efforts to
surreptitiously take British industrial technology to France. USA
became French Industrial corridor and the pirated of the British intellectual
properties with little alterations and through wealth acquisition
processes. They just not only took over
the industries, but the trained or skilled labour which was nurture by the
British in the passage of time.
Though by virtues English are the skilled
people and that is why they are the pioneer in the Industrial revolution. To
protect its Intellectual properties that was developed gradually, they created
laws to protect their interest and intellectual assets. This created a hegemony
and thus, through the espionage system there was theft. Gradually, post-World
War II the United States of America became the hub of brain-drain across the
globe. From espionage to intellectual liberty became the methodology of
industrial development in the USA. Witnesses
confirmed both the inveigling of tradespersons abroad and the placing of
apprentices in England. Protests by those such as ironworkers
in Sheffield and steelworkers in Newcastle, about skilled
industrial workers being enticed abroad, led to the first English legislation
aimed at preventing this method of economic and industrial espionage. This
did not prevent Samuel Slater from bringing British textile technology
to the United States in 1789, for to catch up with technological
advances of the European powers, the US government in the eightieth and
nineteen century actively encouraged intellectual piracy. American
founding father and first U.S. Treasury Secretary Alexander
Hamilton advocated rewarding those bringing “improvements and secrets of
extraordinary value to the United States. This was instrumental in making the
United States a haven for industrial spies. Industrial
espionage was a tool to create an alternate industrial corridors to facilitate
French international relations. The actual industrial dispute in the Trade was
between British intellectual properties and French espionage system
historically.
France being the pioneer in the Espionage network,
it became economy for intelligence sharing to the governments and also to the
Industrial economy. Whereas, Germany through ICMLPO network executed the
intelligence inputs licit and illicit through tendering the contract. This
contract becomes legal when its input are meant for the Internal and external
securities. However, when it is shared to the Corporate and other outfits, such
inputs become illicit. Thus, Espionage becomes a very structured syndicate and
potent economy. Post World War II, Japan became the new Industrial corridor for
France.
There is another way of stealing intellectual
property is awarding the Nobel Prize or similar recognition in various
field. The nomination of research is the
collection of intellectual properties, while the best and kept aside and the
nominal get the recognition. The various
nominations become the property of the forum and they are utilised by other
while through some modifications.
The
selling of intelligence, covert operations, stealing of intellectual properties
and trade information, controlling the skilled workers through bouncers became
a parallel economy for France’s Industrial corridors. This paved an economic conflict between two
economic lobby, i.e. British and France.
France survives through British innovations. This is the major cause of Industrial
Dispute.
Espionage
created a parallel regime and became a structured network that has its own
economy and people engaged are picked from every walk of life either through
compulsion or coercion. These workforce
live with civility as sleeping cells.
These sleeping cells are bouncer and also facilitators to the other
terror activities as assigned. The
network of these regime function through NGOs such as Aga Khan Development
Network (AKDN). They development agenda
through micro-financing is a tool to control population through debt
slaves. One of the members of the family
get into the economy of crime since crime is a coercive work, which is shielded
in the ideology and identity. AKDN
maintains a number of important partnerships in Germany, including with BMZ
(Federal Ministry for Economic Cooperation and Development); GFFO (German
Federal Foreign Office); GIZ (German Agency for International
Cooperation); KfW, which has been a partner in a number of projects; DEG
(German Investment and Development Cooperation), a KfW subsidiary; DAAD (German
Academic Exchange Service); and with Deutsche Welle (Germany’s international
broadcaster). AKDN play a role of catalyst in the ICMLPO through its NGOs. AKDN works on behalf of France and coordinate
the workforce in the French International relations. The catalyst of AKDN works with a similar concept
of block-chain to facilitate the French agenda.
Through the Stabilisation Programme for Northern
Afghanistan (SPNA), an innovative programme of small, community-led
infrastructure projects, local people are encouraged to take charge of their
own development. Following community consultations, nearly 430 projects have
been implemented, responding to the needs local people identified as the most
important to them. This builds more than infrastructure; it also builds trust,
government legitimacy and civic engagement. The connection with the local government is to
control the population through state machinery.
This makes the population engaged the espionage as penal slaves. The funding of these activities are sponsored
in the name of philanthropy activities.
The governments allow these NGOs to work on the grass-root level because
they are the source of money circulation from the foreign sources.
Women
are the potent resources for espionage due to sexual facilitation. That is the reason, trafficking of women are
the third largest economy. In others
words, women facilitate the economy of espionage. This cause every crime, from child abuse,
rape, domestic violence and sex slavery.
Due to this women do get victimised in most of the occasion and get a
fatal life. This further brings women
into the chattel system. This slavery is
not restricted to any class or identity.
3.2.1. Cyber Espionage and Crypto-currency
Dollar
being the universal currency so the usage of Dollar in every licit and illicit
activities, the United States of America became the currency control of the
espionage system. The USA is the leader
of the Espionage system in the world due to its currency sovereignty. Thus, become a circulation of money to
facilitate every transnational activities.
When the central currency is used for the concealed activities, then
such activities become accountable.
To
counter such accountability an alternate currency such as Bitcoin got
legitimacy in the US Stock market. The value of one unit of Bitcoin is
approximately 9,196.22 (as on 15th of July, 2020). This indicates the value of Bitcon is the
based on the value of IT professionals cost.
This also means that the gold standards of the currency value is taken
over by the IT professionals’ digital currency.
The
block-chain system is used to take over the routes of traffic in the digital
world. Though the strategy of
block-chain itself is a crypto-strategy since it is beyond the control of
central authority. This block-chain
could be more challenging than the cyber-war.
This could be new colonies in the digital world. The block-chain network has
no central authority — it is the very definition of a democratized system.
Since it is a shared and immutable ledger, the information in it is open for
anyone and everyone to see. Hence, anything that is built on the block-chain is
by its very nature transparent and everyone involved is accountable for their
actions. This block-chain is difficult to break or taken
over. This is a digital control since
Information Technology has taken over every aspect of life. Similarly, corporate are creating their
digital coins.
E.g. 1 unit of Ethereum is equal to 239.36 US$,
1 unit of Litcoin is equal to 43.49 US$
1 unit of Monero is equal to 64.22
US$
1 unit of peercoin is equal to 0.175 US$
1 unit of dogecoin is equal to 0.0036 US$
At
present, there are no Bitcoin CFD trading options allowed in the US,
but there’s an ongoing push by US bank regulators to legitimise Bitcoins by
giving it and firms that trade in it a national licence. Avatrade and Admiral
Markets, for example, have started to introduce Bitcoin Cash CFD
trading. Share trading is itself
an autonomous system, beyond the Central Banking and collecting the investment
from all the sources. Avatrade and
Admiral are the prominent share brokers in US stock market.
From
this map is it seen that Mexico is the major user of the Crypto-currency. Mexico is a transit nation of Drug to United
States of America. Thus, it is a matter
of detailed study how the crypto-currency will gradually control the
Cybernetwork through block-chain, which is beyond the central authority
control. If the drug syndicate uses the
crypto-currency for their dealings then these transnational syndicate will be
beyond the control of the central authorities.
Though
the cypto-currency is beyond the control of central authority, but its exchange
value has implication in the system of real currency. After all, the purchase value is based on the
currency and not digital. Bitcoin has been praised and criticized.
Critics noted its use in illegal transactions, its high electricity
consumption, price volatility, and thefts from exchanges.
In that case cypto-currency will certainly be the theft from exchanges.
3.3 Patent
and Intellectual property theft
In the absence of appropriate
World System, the International Organisations such as World Bank, IMF and World
Trade Organisation are mainly working on monetary policies and trade
regulation. The whole system is based on
the Dependency theory, where the world region is divided in Core,
semi-periphery and periphery nations.
This maintains the supremacy of the core nations since they are the
market of every produces due to their currency sovereignty through IMF. This enables them to control every policies
including the intellectual property. Patents provide incentives for
economically efficient research and development (R&D). A
study conducted annually by the Institute for Prospective Technological Studies (IPTS)
shows that the 2,000 largest global companies invested more than 430 billion
euros in 2008 in their R&D departments. If the investments can be
considered as inputs of R&D, real products and patents are the outputs.
Based on these groups, a project named Corporate Invention Board, had measured
and analyzed the patent portfolios to produce an original picture of their
technological profiles. Supporters of patents argue that without patent
protection, R&D spending would be significantly less or eliminated
altogether, limiting the possibility of technological advances or
breakthroughs. Corporations would be much more conservative about the R&D
investments they made, as third parties would be free to exploit any developments. This second justification
is closely related to the basic ideas underlying traditional property rights. Specifically,
"[t]he patent internalizes the externality by
giving the [inventor] a property right over its invention." A 2008
study by Yi Quan of Kellogg School of Management showed that countries
instituting patent protection on pharmaceuticals did not necessarily have an
increase in domestic pharmaceutical innovation. Only countries with
"higher levels of economic development, educational attainment, and
economic freedom" showed an increase. There also appeared to be an optimal
level of patent protection that increased domestic innovation.
The Research and Development in the periphery
countries are systematically destroyed through brain drain. The intellectual
credibility and capabilities are taken over by the core countries and then
patented in their jurisdiction. This become stealing of intellectual wealth
from periphery nations. Thus, when patent issues are discussed, there must be
the conditions for such intellectual properties to be included when the
ownership is concerned. However, no intellectual properties sprout from zero,
it has an impact of many other associate finding or could be an evolution of a
conventional intellectual property. This make the theory of patenting as
exclusive possession in question.
The crux of Industrial dispute is
the patent and intellectual property theft.
Invention leads to progress and progress is not embodied to individuals,
but to the whole society at large.
Patent is an identity of inventions or creations, but it cannot
structure a feudal system in the intellectual properties. This blocks progress and pave way for
theft/stealing. Primary
incentives embodied in the patent system include incentives to invent in the
first place; to disclose the invention once made; to invest the sums necessary
to experiment, produce and market the invention; and to design around and
improve upon earlier patents.
Intellectual
property is a social possession once it is paid for its intellectual
disposition.
There are many form of
Intellectual Property theft is identified as the concept of intellectual
property is taken as real assets. The
forms of Intellectual Property are the following -
Copyrights: These
include writings, musical recordings, films, plays, and other creative works
that are recorded into a tangible medium.
Copyrights claim the possession of the right to
market in any forms and not the creative ownership of the item. Since the
creator of the item does not create the item in isolation and has a team behind
it. Further it engages audiences to facilitate the item created. Thus,
ownership of the item is a vague possession.
Patents: These
include inventions and other mechanical or technical innovations. Invention are done through Research and Development and includes many
collective inputs. Just financing Research and Development cannot be the
ownership of the findings. The intellectual properties of R&D cannot be
excluded, when there are implementations and users of these intellectual
properties. The exclusiveness the Intellectual Property from the consumption is
the main cause of abducting scientist and researchers to control the
Intellectual supremacy of the elitist groups of the core nations.
Trademarks: These
include logos and slogans that are used to identity particular goods. Trademark
laws also cover service marks and trade dress.
Trademarks cannot come under the category of the Intellectual properties since
it identifies the Trade such as, flags of any country or Institution or
religious organisations. It is an
identity and not a property. These trademarks
should be registered through respective authorities.
Trade
Secrets: These consist of recipes, instructions, production methods, and other
information that gives a person or a business a competitive edge and is not
readily accessible by the general public.
Anything, which is in the market goes for public
consumption. The trade methods become an input for the academic discourse and
institutionalised learning in due course of time. Then, these academic input
are further researched and bring into more innovation to the present context of
requirement. This makes society evolved. Thus, Trade Secrets become a public
property and there is no conflict in this. Instead of patenting, if the trade
secrets are given to the educational institutional possession, it will be in a
true sense of Corporate Social Responsibility. Further, there will be not
industrial dispute because, it will be then the Academic possession and will be
recorded as history. Presently, there is a big gap with the academic
intellectual possession and the real social trend. This makes Academic a stale
information basket.
The
Intellectual property Laws are made to captivate the knowledge in the cage of
possession of Law. Most of the Laws are
made not to resolve the disputes, but towards the preferential treatment of the
‘possession’ class. Intellectual
property theft occurs when a person knowingly takes, uses, misappropriates, or
otherwise steals property that is protected under intellectual property
laws. Since there are many different
types of intellectual property, there are many variations of intellectual
property theft. An example of intellectual property theft is where a person
knowingly copies a company’s logo and uses it on their own items without the
company’s consent. Another example is where an employee takes a company’s
secret food recipe and uses it to create their own food product. Logo is trademark which
gets registered. This cannot be copied
as it will be intellectual property theft.
This can only be done as counterfeit uses. Secondly, food recipes are always an
evolution cultural food or fusion of multi-cultural food. So, there is no exclusive invention of any
recipes. Once a food comes in the market
consumption, the recipes becomes public property since the foodies can identify
the recipes even by consumption. There
is nothing called recipes theft and can be defended.
The
intellectual property theft occurs when there stealing of invention in the name
of promoting invention. In the absence a
mechanism of protected and preserving intellectual properties many form of scam
and infringement happens.
One of the most common types of
intellectual property fraud is called “inventor promotion fraud” or “invention
promotion scams.” This is where an inventor is tricked into paying money for
the promotion or development of their invention without the
promotion/development ever occurring. This often happens through invention
promotion firms (or persons who pose as such), who use fraud to obtain fees for
such “services”. In reality, the scam artist
might take the invention, patent, or trade secret and use it for their own
gain. The scammer also might simply take off with the money and never provide
any services toward the development or promotion of the invention. Other types of intellectual property fraud or
scams may involve more direct violations, such as outright copyright
infringement or other infringement actions. The contradiction in the theory of
fraud on intellectual property is that the perception is itself a flaw. When any invention is promoted in the market,
it has to disclose the information to sell the product. Thus, it become the market possession.
The
international Law on the infringements is as tricky as World monetary policy of
IMF. The Laws that is meant to protect
the intellectual property is used by the legal syndicate for extortion from the
Industrial countries.
The cost of defending against a patent infringement suit, as
of 2004, was typically $1 million or more before trial, and $2.5 million for a
complete defense, even if successful. Because the costs and risks are
high, defendants may settle even non-meritorious suits they
consider frivolous for several hundred thousand dollars. The
uncertainty and unpredictability of the outcome of jury trials in the
United States also encourages settlement. The
functioning of this lobby is multifaceted.
Industrial espionage works of their lines.
The
Law fraternity has made the legality of trade and patents very complex. Whether, it secures the interest of the trade
or not, but certainly it facilitate a very high paying jobs to the legal
fraternity. This also creates a separate
economy for Law officers.
Most industrialized nations have signed the Paris
Convention, which provides reciprocal rights related to filing patent
applications. An inventor still needs to file a separate application in each
country that has signed the Convention, but each country will use the U.S.
filing date for the application.
Filing for multiple patents can become expensive
quickly, as can enforcing your patent rights in foreign countries by bringing
infringement actions. You would need to hire attorneys in those countries to
help protect your rights, and you would incur court costs in foreign courts. It cannot be denied that the theft of Intellectual properties has a
nexus of Espionage and Attorneys/Lawyers.
Both have French legacy.
3.4 Piracy and counterfeit
There
is not much difference between the theft of Intellectual Property and the
Counterfeit. Theft of Intellectual
property is stealing the ‘idea’ of enterprising, whereas, the Counterfeit is
stealing the market. To counterfeit means to imitate something
authentic, with the intent to steal, destroy, or replace the original, for use
in illegal transactions, or otherwise to deceive individuals into believing
that the fake is of equal or greater value than the real thing. Counterfeit
products are fakes or unauthorized replicas of the real product.
Counterfeit products are often produced with the intent to take advantage of
the superior value of the imitated product. The word counterfeit frequently
describes both the forgeries of currency and documents, as well
as the imitations of items such as clothing, handbags, shoes, pharmaceuticals,
automobile parts, unapproved aircraft parts, (which have caused many
accidents), watches, electronics (both parts and finished
products), software, works of art, toys, and movies. The counterfeit products complement the market created by the branded
products and takes a huge premium from the consumers of that brand. This makes
the product beyond the accessibility of the masses within their affording
capabilities. However, such brands do create a market and aspiration of those
products. Such aspirations are filled by the counterfeit produces.
Though the consumers do understand that the difference
between the counterfeit and brands, but the innovation and technology involved
in the brands reaches to masses through the counterfeit produces. This is a channel of transfer of
technology. Branded products has its
outlet where counterfeit cannot intrude.
Counterfeit
culture is the thriving markets surrounding fake street-wear. Most
commonly, these markets originate out of areas where the inability to buy
popular street-wear brands has fuelled more sophisticated markets for
counterfeit goods. These markets have spawned the emergence of a tribe of
widely available copycat brands. Thus, counterfeit is
generally accepted as mass consumption since it facilitate the local
market. Brands takes a high premium of
the products, whereas the counterfeit seizes that premium to reach towards the
larger consumption. In
countries like South Korea and Russia where trade sanctions were imposed in the
past to prevent the importation of popular brands, demand was stimulated for
available counterfeit alternatives. The economic standing of a country or
region also contributed to the demand for these products as the average
consumer can’t afford luxury prices but will gain the same social
impact purchasing a knock-off that’s of almost indistinguishable
quality to the original product. When there is a crisis
in the International Trade relations or disasters or wars, it is the
counterfeit products help the local consumption. Thus, counterfeit often treated as blessing
in disguise.
Counterfeit products
generate economy for the periphery countries or consumption for the periphery
communities in the developed countries.
Luxury streetwear is out of reach for many people, not just
because of international sanctions and low wages, but because exclusivity is
built into its business model. Social and cultural forces are driving the
unique fashion scene. In particular, social media has a huge influence on over
these markets giving people images of things they can’t own and further fueling
the desire to obtain certain “hyped” items by any means accessible. Similarly, for the street food, the
cost of consumption of street food is much lower than the cost of food in the
branded food centre. Thus, counterfeit
products have its own market, skill and local intellectual properties to
maintain the alternate business models.
Designers have even begun to acknowledge the trend of
counterfeit culture by referencing fake or knock-off goods in their designs.
This brought counterfeit culture into the realm of mainstream culture and
has essentially shifted global acceptance towards becoming more lenient of
these products as an appropriate alternative. The global acceptability of the
counterfeit produces since it fulfill the demand which may not be done due to
production limitation or handling the demands.
3.4.1 Counterfeit medicines
The Research and Development in a pharmaceutical
sector is a time spending activity and need a fund. Pharmaceutical companies
invest in the R&D and include the cost of the R&D in the cost of the
medicines as premium. This makes the medicines expensive and thus, debar the
majority of the masses as consumer. In the absence of scientific research in
the periphery countries, the medical product counterfeit is the only measure to
fulfil the health requirements. These counterfeit also has a mechanism which
goes through the government procedure of licensing. The
threat from counterfeit pharmaceutical products is hardly new; many national
authorities have long waged their own struggle against counterfeit medicines.
Although WHO has been working actively on this complex, politically sensitive
issue since it was first discussed in May 1998 at the World Health Assembly,
enforcement efforts stepped up a notch in 2006 when it launched the
International Medical Products Anti-Counterfeiting Task Force (IMPACT), drawing
members from international organizations, enforcement agencies, industry and
nongovernmental organizations. Health
is a welfare measure and come under fundamental rights of Life. Thus, it is mandatory for any government to
provide the health benefits. There is a
need to correct the policies of health care that includes medicines and others
in the World Order.
3.4.2 Counterfeit currency
The contaminated
currency has a historical legacy.
Currency being the exchange value is always controlled by the ruler of
the regime. Gold, i.e. bullion became
the universal coinage towards the exchange of values.
The business of
counterfeiting money is almost as old as money itself: plated copies have been
found of Lydian coins which are thought to be
among the first Western coins. Before the introduction of paper
money, the most prevalent method of counterfeiting
involved mixing base metals with pure gold or silver. During World
War II, the Nazis forged British pounds and American dollars. Today
some of the finest counterfeit banknotes are called Super dollars because
of their high quality and likeness to the real US dollar. There has been
significant counterfeiting of Euro banknotes
and coins since the launch of the currency in 2002, but considerably less than
for the US dollar. Thus, it indicates the most demanded
currency has more counterfeits in the circulation.
The
most ill-effects of the counterfeit currency effects the business houses. The counterfeit currency in circulation do
not get reimbursed if it is caught in the circulation and thus, become the loss
of the bearer. Some of the ill-effects that counterfeit money
has on society include a reduction in the value of real money; and
increase in prices (inflation) due to more money
getting circulated in the economy - an unauthorized artificial increase in
the money supply; a decrease in the
acceptability of paper money; and losses, when traders are not reimbursed for
counterfeit money detected by banks, even if it is confiscated. This
affects the business cash flow and further cause the Industrial disputes by way
paying of wages and vendors. The fake currency effects the street vendors.
Currency has less legitimacy, when it comes under
monetary policies since currency gets trap of counterfeit. Thus, it affects the
monetary policy of the central bank and the overheads of the government since
it costs the anti-counterfeit measures.
Chapter
4: Impact of money in forming the
sociology
4.1. Ancient Trading System
The
major impact of Industrial Dispute effects the sociology of any country
historically. The Trade relations were
the binding factors of expansion of regime and civilisation. The Wars were meant to create the
possibilities of the Trades than creating imperialism. The expansion of the regimes was in the way
of wars and political strategies to have impact on economy and monetary
policies of the rulers on the other smaller regime. The
presence, in particular, of pottery and precious goods such as gold, copper, and ivory, found far
from their place of production, attests to the exchange network which existed
between Egypt, Asia Minor, the Greek mainland, and islands such as Crete, Cyprus, and the Cyclades.
Trade lessened and perhaps almost disappeared when these civilizations
declined, and during the so-called Dark Ages from the 11th to 8th centuries BCE
international trade in the Mediterranean was principally carried out by
the Phoenicians. Cultural
expansion through trade, governance through currency and administration through
tax were the methodology of the imperialism.
Historically, traders were the occupation of
exchange of surplus and introduction of new products to its consumers
preferably to aristocrats. Trading was also influenced by socio-political
factors. They also brought surplus bullion as profit and made them another
class besides aristocracy. The traders further became the money lenders due to
the surplus. The surplus with traders challenged the dominance of aristocrats
that were controlling the population through basic needs and also claiming the
lands as mortgage. The earliest written sources of Homer and Hesiod attest
to the existence of trade (emporia) and merchants (emporoi)
from the 8th century BCE, although they often present the activity as
unsuitable for the ruling and landed aristocracy. Nevertheless, international
trade grew from 750 BCE, and contacts spread across the Mediterranean driven by
social and political factors such as population movements, colonisation
(especially in Magna Graecia),
inter-state alliances, the spread of coinage, the gradual standardisation of measurements, warfare, and safer seas following the
determination to eradicate piracy. Thus
surplus became the major course for discourse.
To protect the trade interest and piracy in the trade route, the segment
of army dedicated or hired by them.
Thus, money became the exchange value to the occupation of services,
which has no direct productivity. It
became the overhead of the trading business.
Money ruled the society other than the landholding or feudal of slaves.
The circulation of Coins or currency of any regime represent
its expansion in term of trade. The
value of coin indicates the dominance of the regime in the region. The fall of currency is also an indicator the
shrinking of the trade and control of the regime in the region. The silver coinage of Guptas starts with the
overthrow of the Western Satraps by Chandragupta II. Kumaragupta and
Skandagupta continued with the old type of coins (the Garuda and the Peacock
types) and also introduced some other new types. The copper coinage was
mostly confined to the era of Chandragupta II and was more original in design.
Eight out of the nine types known to have been struck by him have a figure of
Garuda and the name of the King on it. The gradual deterioration in design and
execution of the gold coins and the disappearance of silver money, bear ample
evidence to their curtailed territory. The percentage of gold in Indian
coins under the reign of Gupta rulers showed a steady financial decline over
the centuries as it decreases from 90% pure gold under Chandragupta I (319-335) to
a mere 75-80% under Skandagupta (467).
The value of coin is based on the universal standard and gold
remained the metal that has the tedious labour.
In China,
gold coins were first standardized during the Qin dynasty (221-207 BCE). After the fall of the Qin dynasty,
the Han emperors added
two other legal tenders: silver coins and "deerskin notes", a
predecessor of paper currency which was a Chinese invention.
Thus, the circulation of currency is the dominance of the
regime in the region.
In the present context, US Dollars and its
circulation over the world indicates it territory of governance. The channel of
the circulation of US Dollars could be trade, bilateral and multilateral
strategic ties, etc. The International Monetary Fund and the World Bank is
controlling the World through the monetary policies and the conditional aid for
infrastructural development. The Special Drawing Rights, i.e. SDR to five
currencies, i.e. US Dollar, Pounds Sterling, Japan Yen, Euro for western
European countries and Chinese Yuan. They create industrial corridor of trade.
This makes a currency feudalism, where the periphery countries become dependent
on the exchange value.
The quota system for the member countries as
monetary policy of IMF through SDR creates currency feudalism. This makes a
network of exchange and open up various other channels of flow of currency.
This influence the dominance on other currencies of these reserved currency in
the trade policies and its exchange value. Most of the time the trade become
comparative or barter and squeeze the flow of money in the sovereign countries.
To compensate the licit flow of currency, there are many methodology that
extort currency from the society. The impact of feudalism of currency affect
the sociology of any country, which is termed as organised crime.
The children in the society are the most
vulnerable since they are engaged in various form of crime used by the Criminal
syndicates, such as begging mafia. Begging mafia is the most potent tool of
collection of cash money. The child's abduction and run away children are the
form of destitution for children. Though there are many NGOs that work for
children's welfare, the channel of fund from the international community is the
main motivation for opening in the name of children's welfare. The children are
further get exploited for the sex traffickers or child pornography. Even there
are so many welfare policies for children, but there is no control over begging
mafia since it is cash collection centre and an organised syndicate under
political patronage.
The deserted or destitute children are the
symbolic of the shattered society. The broken marriage or the neglected
children at home makes the children into the trap of traffickers. Further they
become a hand tool of the crimes from small to heinous crime. The crime by
children get the immunity as juvenile and has less punishment in comparative
crime done by adult. Further, it is easy to kill children once their purpose of
crime is over since they are abundant.
Similar things happen to women. Lack of flow of
currency makes women as 'perk' to facilitate bribe to the government
institutions to get the work done. This open a huge network and channel of
pimps to which mainly men do get engaged since they use their coercive measures
to control women as they are physically vulnerable. The process engaged is
called violence against women, whether in domestic sphere or society or at
workplace. This brings apathy to the condition of women even though there are
many policies by the government that empowers women. However, these programs
are merely towards engaging in repairing the social disorder. This however,
does not address the actual crisis.
The narrow channel of the flow of currency enable cash
hoardings. This further gets into
black-marketing of ‘money’. Though the
traders are the dealers of the cash dealing thus, they become the fortified
through community welfare and protect the leakage or further channel of the
currency. This makes them powerful and
control the system.
Lack of flow of cash, brings the Industries into
credit system which leads to close down to most of small scale industries where
the wages are given by cash. This makes a large part of economy to collapse and
thus, bring unemployment. Further, multi-national companies took over
indigenous business house through collaboration of technology know-how and
investment. This did get foreign reserves to exchange, but destroyed the
indigenous economy, internal skills and workforce.
The theory of scarcity proliferate the theory of
coercion. The scarcity of the 'money' create the coercion of power and
violence. The extortion in various forms become a system towards the
sustainability of life. This coercion is mutely accepted since they feel the
scarcity that is created by the International Monetary Fund cannot be erased or
balanced.
4.2. The sociology of Law and Industrial Dispute
The legal complication of the Justice system is
that the Courts are the governing bodies. The Courts are not the Justice
System. They are the mere the administrative bodies. The conflict comes with
the aspiration of Justice and the Judgment or Order of the Court gets
contradicted. This is mainly because the Law that is framed does not origin
from the Sociology of Law. The 1980s were
also a fruitful time for empirical sociology of law in Britain, mainly because
Donald Harris deliberately set out to create the conditions for a fruitful
exchange between lawyers and sociologists at the University of Oxford Centre for Socio-Legal Studies. He was fortunate enough
to recruit a number of young and talented social scientists, including J.
Maxwell Atkinson and Robert Dingwall who were interested in ethnomethodology,
conversation analysis, and the sociology of the professions
In the absence of the collective approach of sociology
towards formulating of Law make the Law coercive and generally get distracted.
In a multicultural society with the
colonial as historical heritage has legal pluralism. There are customary laws and the secular laws. Legal pluralism is
the existence of multiple legal systems within one (human) population
and/or geographic area. Plural legal systems are particularly prevalent in former colonies,
where the law of a former colonial authority may exist alongside more
traditional legal systems (customary law). Legal pluralism also
occurs when different laws govern different groups within a country. For
example, in India and Tanzania, there are special Islamic courts
that address concerns in Muslim communities by following Islamic
law principles. Secular courts deal with the issues of other communities. Customary Laws protect the interest of the communities, whereas, secular
law protect the interest of the individuals. This creates dispute between
community and individual or communities vs. communities. In the Indian context,
the Khap Panchayat, a traditional justice system. It is generally viewed
that Khap Panchayat curtails the secular law of individual. However, Khap
Panchayat protects the larger interest of the community. Corruption and
mishandling of Khap Panchayat is as similar as corruption and mishandling of
the secular legal system.
The
legal pluralism in the western countries where the Law get engaged between
ideologies. The upbringing is an outcome
of social dynamism, which is practical and relevant. Whereas, the Law which based on ideologies has
the question of implementation. Since modern Western
legal systems can also be pluralistic, it
is misleading to discuss legal pluralism only in relation to non-Western legal systems.
Legal pluralism may even be found in settings that might initially appear
legally homogenous. For example, there are dual ideologies of law within
courthouses in the US, as the formal ideology of law as it is written exists
alongside the informal ideology of law as it is used. The discussion on
the internal and external plurality of legal systems is called sociology of law.
The
Sociology of Law is not get along with the social dynamism and evolution of the
society. The artificial or creation of Law
often conflict with the social dynamism.
That is why, most of the time, the Law becomes obsolete and outdated
which cannot handle the pace of social evolution. The Pluralism
in the Law, i.e. customary and secular is due to the lack of catalyst in framing
of a society.
In
the present legal system, the Law of Contract is the applicable of any
wrongdoings or breach of trust or breach of contract. Whether it is civil order, political or
trade, the contract of agreement is the basic of all jurisdiction. However, there are other forms of wrongdoing
such as tort and organised crime. The
present legal system, i.e. codification of law through Indian Penal Code, do
not address the issue of tort and organised crime. A tort,
in common law jurisdiction, is
a civil wrong that causes a claimant to suffer loss or harm, resulting
in legal liability for the person
who commits a tortious act. It can include the intentional infliction of
emotional distress, negligence, financial losses, injuries, invasion of
privacy, and many other things. Tort is a social behaviour, such as bullying. Bullying does not come
under Law of Contract and that is the reason, there is no codification to
address 'bullying'. The variation in bullying can create a serious criminal
offence that need to be addressed properly. In Tort, there is no need of legal
representation or do not need to be imprisonment as punishment. Tort can be
handled through various other forms of punishment such as financial
compensation, etc. However, in the Law of Contract, there is a representation
of Lawyers to defend their case, whereas, in Tort the accused can defend itself
towards its intention of action. Due to absence of Tort Laws, there are many
criminal intention and unintentional torts are not addressed. This brings a
social disorder through unchecked wrong social behaviour.
The delay in the justice delivery system
is mainly the litigation process. In the present Criminal Justice system,
process goes from investigation, prosecution, defence based on evidence and on
the basis of merit of the finding the Judgment is delivered. Besides making the
process lengthy, the overhead of the litigation process become expensive and
most of the time, the process breaks and justice is not delivered.
In the Parallel
Construction, the Judiciary becomes the part of the investigation and the
intermediary process is deleted. This
curtail the justice expenses and shorten the length of the process of justice.
Parallel construction is a law enforcement process of building
a parallel, or separate, evidentiary basis for a criminal investigation in
order to conceal how an investigation actually began. Right
to defence for the accused becomes a part of investigation process. Parallel Construction can play a crucial role
that can create focused Criminal Justice Administration. Judiciary is part of Administration.
Another
aspect of flaw in the Justice system, the credential of recruitment for
Judges. The profession of Lawyers and
Judges are different. Lawyers are
partisan and Judges are non-partisan.
The 25% of Reservation for Lawyers to be the judge is against the
structure of Justice System. Judges are
the Administrative body, whereas, Lawyers are representative. When 25% of the jobs of Judges are taken over
by the Lawyers, the Judiciary becomes pluralist occupation.
4.2.1. The coercion of Law
One
of the potent questions of the Industrial dispute is, who benefits from the
dispute? Two parties fighting and the
third party benefiting out of it. The
creation of Law is the actual source of dispute, whether it is in a national
jurisdiction or in the international relations.
The
Law that is created through the parliamentary process is different from the
regulation. Regulation is a directive
measures by the authority to bring in procedure, whereas Law is a statement of
the proposed behaviour to be followed.
The Law when comes from the parliament means a social endorsement
through their representatives in the parliament. The Law is generally coercive because the
parliament functions on the majority and not inclusive.
The
majority of the representative in the Parliament are the Law Officers
practicing Law in the Courts. The Bar
Council of India, which is the statutory institution is controlling the
Judiciary and Parliament. The benefit of
the disputes goes to the Lawyers since they are the third party. There is a complete syndicate that operates
from the family disputes, property disputes, trade and international relations
to which it takes a legal course.
Creation of Laws means more litigation process, engaging the Law
officers and also a disputed zones. The
creation of evidence towards defence or prosecution further creating more
disputes and engage more litigation.
Thus, it makes a network of litigation to resolve a created disputes and
engage people in the trap of litigation process. The employment of lawyers survive on the
creation of disputes. The archaic laws
that fill up the statute books, faulty or vague drafting of laws and their
multiple interpretations by various courts are also reasons for prolonged
litigation. Some of these laws date back to 1880s. Somebody wants to do
something, he is shown a law drafted in the last century and told to stop doing
it. Stagnation
of the old age law and no reformation indicates that there is no such
initiative in the Parliament and Judiciary to create a relevant Laws based on
sociology.
Synopsis
on Industrial Dispute
The
Law, i.e. Industrial Development Act, 1947 remained a law that protect the
interest of Labours in the Large scale sector due to its economic
policies. The Labour Laws became less
relevant since the aura of economy diversified through the process of
liberalisation and globalisation. The
other factors of labour in unorganised sectors and crime labours were ignored
while addressing the Workers’ right.
There has been a systematic ignorance in the women as workforce and
children as labour. There are other
factors of dispute such as land, resources (natural and human), market,
technology, patent and intellectual properties.
The industrial disputes is also the outcome of the policy making and parallel
system that runs besides the Government and Banks.
Academically,
there have been efforts to study the issues of labour and workforce. The approach on the labour issues have been
deceptive since no labour exist without the enterprising skills. There have been approaches to study various
forms of slavery, i.e. from Chattel system, Peonage, Debt slave, Penal and
Lease slave and truck system, but the aspects of the enterprises are not
addressed. From the modern theory of
slavery, the non-payment of wages were the defining source of slavery, but the
other factors, such as generation of money or economy, trade, etc., were not
included in the theory of slavery. Just
because, these factors were not included in the discourse, the slavery in the
form of Chattel, Peonage, Debt, Penal, Lease and Truck system still exists in
the modern form. Failing the address to
the enterprising skill, the labour issues have become a conflict and dispute. One-sided or partisan approach towards the
welfare of Labour become an ‘ideology’.
Manumission
from slavery existed in every culture, as described in the religious
texts. There remained a time-frame for
slavery that was almost six years of service.
Manumission was right of the slaves.
This indicates that slavery was more a punishment that exploitation of a
life. Slaves in the ancient time were
the war criminals. Whereas, in others
period slave became a trade as migrant workers in the Arab countries. In India, slavery never existed since the
lowest strata of the society were of the indigenous community and the elitist
were migrants. Thus, the exploitation of
the dalits had the legacy of the
colonial rule. British expanded its
regime through the population shifts to fill the largest territories that they
captured strategically.
The
evolution of the socio-economic condition in the Industrial era has introduced
the wage labours. This enable the
society in just not the change in the labour system as the skills evolved
through the transformation of the technology from the manual labour. The wages were given to the men and for their
expenses of the family members. This
made men as provider and became the bread-earned and women became the domestic
servitude. This expelled women from the
cores of economy to unfree labours.
Children became separated from the vocation learning and left to the
menial jobs which were unpaid. The Union
of men of skills created association to negotiate the welfare measure for their
families with their employers. They used
strikes as a negotiation tools. This
enable the Government to legitimise Unions and the tribunals were formed to
resolve disputes. The union also made
the political ally to share political power.
There were a larger section of the society of the unskilled population
or craft unions took-over by the ideology of class war and formed a forum of
Communism.
The creation of Labour Party to have a better process to
legislate the welfare policies for the workforce. Earlier, Trade Union remained
a tool of negotiation through strikes and shutdown. This minimise their role of trade-unions as coordination and
consolidation of the political capital for the Labour Party. Whereas, the
communism became the ally of the political power. The members of the communism,
were the large section of the society. They were not only the political
capitals, but also the workforce for the parallel economy. The society divided
between 'have' and 'have-not'. The 'have' were skilled worker, whereas
'have-not' remained unskilled worker. The women and children were the potent
workforce of the 'have-not' sector. This brought them under the chattel system.
The expansion of the Communism to across European countries allowed an
ideological war and the advocacy of the 'dictatorship of proletariat'. This led
the formation of USSR under the flagship of Russia and enslave the population
of eastern-Europe on minimum wages under Truck system. This empowered Russia in
the world order while destroying the cultural economy of the region.
Academically and politically the women, children and unskilled labour became
slaves or unfree labour
as communist. They bound them under the tag of ideology and gave a parallel
economy that threatened the society as
class war.
In the economy section, the approach of monetary
policies play a significant role in the Industrial disputes. There are
primarily two sections of monetary policy, i.e. Credit system, i.e. Central
Bank and Fiscal system, the Government. Credit system creates wealth by
mortgaging skills, assets and liberty, whereas fiscal policy provides security
and environment to create skills and employments ability. Credit system create
wealth thorough 'interest', whereas, fiscal system earn through 'tax'. Both
systems are interdependent. The relevance of the currency plays a significant
role in the poverty alleviation. However, the absence of circulation of money
in the remote or rural regions, block development. The allocation of the
reserves of currency depends upon the collateral security of gold deposits, by
the government. The quota of the reserves is the monetary policy of the
International Financial Organisations, such as International Monetary
Fund, World Bank, etc. The infrastructural development of the sovereign country
is controlled by the monetary policies of these global banks through
conditional aids. This block indigenous policy making system and thus, the
benefit does not reach to all. This creates economic feudalism.
The relevance of currency is not limited to the
circulation, but its legitimacy from the central authority, whether in the
national or in the Global system. The
value of currency effect the international relation and trading. The hegemony of the US dollars is because
they enjoy the currency sovereignty and the acceptability of the currency and
global standard. This allow US to have
its strategic relations in the world.
Though the monetary policy of the World system is controlled by IMF,
there are alternative currency and alternate trade system that wants to break
the central authority. The foremost is
the counterfeit currency that challenge the trade relations. Secondly, the cryptocurrency, which is a
cybercurrency and has no legitimacy by the central authority. The control of the United States is making
the other part of the world discomfort due to the hegemony of the US
Dollar. The opening of the new regional
ties under dependency theory, BRICS created a central banking system to alter
the US hegemony. This is an Industrial Dispute
due to the conflict of currency.
Besides the Central Reserve Bank and the fiscal
policy of the government, there are another factor that generate money from the
people, i.e. Stock Market. Stock Market
plays a role of catalyst that generate investment for the economy sector and
investment from the public, financial institutions, government and foreign
agencies, etc. The stock or share is
more relevant in controlling the resources instead of just a paradigm of
investment. Mutual Funds and Chit Funds
are two forms of stock that is utilised for investment in securing resources. Mutual Funds is macro stock and Chit funds is
micro stock. Though gold has been
treated most valued exchange due to its engagement of manual skilled labour
process. Whereas, the labour engaged in
other inputs are more technically advanced and sophisticated. The gold devalues other skills and thus, it
needs a rethinking of the standard of currency.
The feudalism of currency through SDR, i.e. Special Drawing Rights of
Euro, US Dollar, Yen, Pounds Sterling and Yuan created by IMF has diversified
currency exchange under the exchange value of the US Dollar. This underestimated the currency sovereignty
of other countries. Even though the
standard of these SDR exchange remained gold, but it could not overtake the
sovereignty of US Dollar in the World system.
IMF, World Bank and other Financial Institution continued the trend of
credits and enslave the world population as debt slaves through the policies
made by government.
The global impact on the Trade Unions were
damaging. The trade unions lost its grip
of the negotiating tool due to global policies.
Though the global policies were meant to target the hegemony of Trade
Unions who captivated the skilled workforce, but the other factors also
included in the decision. The other decisions included the investments, market,
resources and labours. It was
outsourcing the production, marketing strategies, research and development to
various countries. This is more a
marketing strategies than the trade union issues. Investment were mainly the collection of investments
through local franchise. These investors
could be public, government, political establishments, benami investors or financial institutions. This not only damaged the trade union, but
also weaken the State. Corporate became
a global policy, where national policies due to corruption and incompetence
became bleak. This created unemployment due to narrow utilisation of skills.
The disputes always has the relevance of the
instinct of crime. However, when the instinct of crime take a shape of
structure is called organised crime. The criminology perspective of
Industrial Dispute cannot ignore the class war theory. Class war theory is a
criminal approach since it advocate for dictatorship of proletariat.
Dictatorship is always a coercion and not consensus. Coercion of idea or
ideology is always there is other side to be imposed or resist. Thus, the
theory of dictatorship of proletariat is always a coercion against the 'have'
or the elitists. Naxalism remained
an ideology of the class struggle which was compensated with the land reforms.
However, the seed of anti-state or anti-power remained a potent tool of
aggression. Naxalism, Marxism or Maoism
are different sides of the same ideology, i.e. class war. Class war is a tool
of extortion by means of violence. The structured violence, i.e. terrorism,
forced displacement, genocide and created pandemics are the mechanism to
extortion. The creation of ICMLPO in the global order using the periphery
nations or the disputed territories are used to target the government. This
became tool to influence the government policies that could benefit the
specific corporate under the patronage of France. The ICMLPO networks use its
tool as strike, riots, revolts, etc. in their territories to influence a
distant Corporate in search of markets or procurement. Thus, the ideology
of class-war or dictatorship of proletariat become a structure of violence which
are funded by Corporate to facilitate specific international relations.
Espionage is always a tool of war, whether it is
real war between two regimes or the class war.
Thus, espionage became the tool of commune of unskilled lobby towards
the stealing of information of the other lobby.
Industrial espionage was the most potent tool of France to steal the
intellectual assets of research and development and skilled professional of
British. This created a special
structure of spy that invaded most of the Corporate, i.e. Arms, Securities,
Research and Development, State Institutions, Legislation, Media, Healthcare
and others. This network is used to
control the policies and the benefit of French international relations. The ICMLPO network controls their respective
region through AKDN who works as catalyst in the system. They control the system through agitations,
strike, riots, mob-lynching, etc. Though
digital system is controlling every aspects of life, the role of
crypto-currency is more threatening due to its block-chain methodology. Crypto-currency is not a legal tender, its
exchange value is a tool of stealing exchange.
The value of single unit of crypto-currency is very high in tune of
legal tender. However, the
sustainability of crypto-currency is insignificant without its exchange
value. Crypto-currency can only work in
a closed economy. In that case
crypto-currency will certainly be a theft of exchange value.
The main crisis in the industrial relations in
the world system is the stealing of Intellectual property. Firstly, the
discouragement of the periphery countries in the Research and Development.
Secondly, there is a systematic process of brain drain in the core nations.
This makes periphery nations on the receiving end and get into the dependency
on the technical know-how or the premium of the end product. Even though, the
intellectual property has the legacy of the traditional knowledge of the
indigenous communities. Patent captivate the intellectual properties that give
way towards the counterfeit or piracy. These terminology generally give
benefits when there is claim over the property in the legal door. The way the
law on infringement is made, it benefits none except for those who use as
economy generation. It is a nexus of espionage and lawyers in the making of
Industrial Dispute. Intellectual property once come in the market becomes a
public consumption.
The way theft of intellectual property creates
conflicts, similarly, counterfeit is stealing the market. Counterfeit not unlawful
since it facilitates the demand and aspiration of the branded produces which
the brands cannot handle due to the limitation of the production capacity.
Counterfeit produces is used everywhere since it has a market of people with
limited means. Whether it is medicine or clothes and even the currencies.
The major impact of industrial dispute affect the
society is an intricate manner. It
changes the dynamism of sociology. The
SDR, i.e. the basket of currencies and its exchange value further created the
feudalism of currency and a tool of compromised trade relations. The trade relations are more on barter or
comparative trade. This further curtail
the currency flow or exchange value.
This resulted other mechanism of collection of currency from the society
through crime syndicates. The most
potent crime syndicate is begging mafia where children are abducted and
trafficked as the workforce. Further
these children when they get adolescent are used for crimes since they get the
benefit of juvenile. Women are also
abused since they are used as perk to facilitate as bribe since there is flow
of currency or cash. To put women in the
sex racket are abused at home, society and workplace. Men are also used as pimps. This destroy the human skills and turn the
society as paranoid.
The process of creation of Law plays a
significant role in the Industrial disputes. The present legal system is based
of Law of Contract. The perception of Law is contract between individuals,
trade, political, Institutional and communities, etc. The codification of law
ignore the tort behaviour of the society and tort such as bully is not a
contract, but an instinct. Though the contractual disputes or offences are
dealt with the Lawyers that are based on evidence. The creations of evidence by
the defence or the prosecution creates further disputes. This creates delay in
the justice delivery or implementation of order. The parallel construction is a
process of criminal justice system where judge become part of the investigation
and the process of defence is included in the process of investigation. This
save time and the overhead expenses of the criminal justice system. The
coercion of Law become when the Law is created with the vested interest,
instead of the sociology of Law. The Lawyers, which is an autonomous body
control by the practicing lawyers, whether it is judiciary, parliament or
constitutional head. This makes the professional lawyers bias and create law to
benefit their occupation. More dispute leads to more litigation process and the
jobs are created for the Legal professional at the cost of the masses and
peaceful existence.
Conclusion
The crux of Industrial dispute is the monetary
policy of the world system. In the absence of the concrete study on wages that could
accommodate skilled and unskilled occupation is the main reason for industrial
disputes. Historically, slavery through coercion was due to binding the
workforce since it was not based on wage policies. Gradually, when there were
flowing of money, then the theory of wages evolved. Otherwise, the society were
mainly a commune.
During the Industrial transformation of economy,
money flowed from feudal lords to traders and then to the industrial workers.
This remained a large segment of the society neglected and remained 'have-not',
i.e. of purchasing power or money. The theory of class war erupt because there
was no discourse on the monetary policy so that all the section of the society
could be accommodated.
In the International Trading, gold remained the
standard of currency value. Thus, more gold deposits, more purchasing power.
Having purchasing power makes strength of capital and source of investment.
This made a war on collection of bullion to have more purchasing power. The
value of 'Human skills' remained ignored since it could be acquired through
coercion and tool of coercion could be bought or hired. This paved the way on
contractual violence, a new economy against the human skills. This created a
strong structure of International syndicate of crimes that seizes skills,
wealth and money from the civility.
The
most vulnerable section of the society are the children who are abused
systematically through broken marriages, abduction and run-away due to domestic
violence. They are trapped by the
begging mafia, hazardous industries and criminal syndicate by juveniles. Child labour is the most vulnerable since
they need to feed themselves and their families.
Similarly,
women are equally vulnerable due to sex slavery. They are treated as perks to the establishment. They are used as bribes. To push women into sex-slavery, they are
trafficked through abduction in lure of jobs from the remote region and/or
through coercive in the domestic sphere to get into the chattel system. Broken marriages brings them into lease the
slavery.
Men
lose their skill and become pimp or contractors to facilitate the parallel
economy based on crimes of violence, drugs, trafficking, abduction and
others. Thus, a large portion of the
society, i.e. men, women and children become slaves of the syndicates.
When
one wrong policy or stale policy, i.e. monetary policy is the base of
Industrial relations, then the whole system goes wrong. The structure stood on the wrong or
inadequate monetary policies has created the world system as major Industrial
Dispute. These disputes are further
exploited by the Legal machinery.
Exploitation is the basic trend in the legal machinery in the name of
Justice.
The
actual industrial dispute is between people and the System. The present system is anti-people and
subjugate and enslave people by the System that challenges civility and
progress with peace. This flourishes
immorality in the society and the system.
Recommendation
Ø A
study is required on the monetary policies that will balance the currency
sovereignty along with International trading system.
Ø Crypto
currency is gradually intruding the legal system and theft of exchange. There is a need to study how, crypto-currency
are being legitimise by various non-state actors.
Ø The
dispute is benefitting the Legal fraternity.
There is a need to have a thorough study how we can do legal reforms
that it does not become coercion and push the people into the penal or lease
slavery.
Morris, R Trade Unions and
Globalization - A Caribbean Workers’ Education Guide Port of Spain,
International Labour Office, 2002
Morris, R Trade Unions and Globalization - A Caribbean Workers’
Education Guide Port of Spain, International Labour Office, 2002
