Barely human?

The Quran (in Surah numerous verses, e.g. Surah Ta-ha and Surah Al-Qasas) and the Bible (in the Book of Exodus) narrates, in detail, the story of Musa (AS) and the plight of his people. A bare reading of these holy passages would reveal that Musa’s (AS) nemesis, the Pharoh (Firaun), committed two basic sins – 1) against God (by claiming himself to a deity), and 2) against the Israelites, by mistreating them. Exodus describes how Pharoh considered the Israelites to be his (unequal) slaves; his property of sorts. To be used as he pleased, and never paid any recompense for their labor. This stark inequality in the ancient societies, as narrated by the scriptures, has lasted through the ages in most societies and people across history – to this day. Even today, in Pakistan for example, there are ‘masters’ and ‘servants’ – “nokar!” as we call them. Individuals who work in our factories and homes, but somehow command neither the dignity nor respect that is associated with the promise of our humanity.

Despite an ostensible denial, our opulent society has no real regard for these ‘servants’, or their needs. At home, we house them in the smallest rooms possible, giving them leftover food and throwaway clothes. And at work, we pay them the minimum possible required to keep them from leaving.

This brings us to some of the most pertinent questions of our prevalent society: have we, as a nation, become convinced that not all people are equal? Have we, quietly but surely, given up on the dream of a classless society? Have we accepted the idea that how one’s life turns out to be will, for the most part, be an accident of birth? And specifically (keeping aside the State’s responsibilities of providing the basic fundamental rights to its citizens), is there no basic minimum, in terms of housing, salary, and ancillary benefits, which private individuals owe to their employees?

For a review of societal “basic minimums”, it is perhaps appropriate to start with the legislative paradigm of minimum wage in our country.

As it turns out, Pakistan has two basic laws that govern this area – The Minimum Wage Ordinance, 1961, and The West Pakistan Minimum Wages For Unskilled Workers Ordinance, 1969.

The 1961 Ordinance is applicable to all “industrial establishments” employees (whether skilled, unskilled or apprentices, including domestic workers), but excludes the all those employed by the Federal or Provincial governments, coalmine employees, and persons employed in agriculture. On the other hand, the 1969 Ordinance (per section 3), places a legal obligation on all owner of “a commercial or industrial establishment” to pay a minimum salary (specified in a Schedule of the Ordinance) to each employee, but excludes persons employed in service of Pakistan, defense services, ports, railways, telegraph and telephone, postal services, firefighting, electricity, gas, water supply and hospitals. Additionally, the 1969 Ordinance allows certain deductions that the employer can make from this minimum salary, in case the employer is so magnanimous as to provide “housing accommodation” or “transport” to the workers.

Under these laws, respective Federal and Provincial governments have determined the minimum payable wages. Most recently, in June of last year, Federal Government notified an increase in the minimum wage to Rs. 12,000 per month, whereas the provincial government of Punjab Sindh and Balochistan increased it to Rs. 13,000 per month (with the exception of KPK, where minimum wage is still Rs. 12,000 per mont).

This sets the stage; now to the problem at hand: notwithstanding the idea that Rs. 12,000 or 13,000 is a paltry amount for someone supporting a family of seven and trying to put the kids through school, the deeper issue is that these minimum standards are meaningless for the countless daily-wagers, private employees and domestic “servants(!)” who have to individually negotiate their salary with the conscience of some Mercedes-driving ‘saith’. And to make matters worse, the government, Federal or Provincial, has no real way of ensuring that the minimum wage standards are being adhered to by private employers across Pakistan; the government’s sphere of influence, at the very maximum, extends only to those individuals who are being employed by State run or controlled organization.

The State’s inability and lack of seriousness towards enforcing minimum wage standards is evident from the fact that (according to labor department statistics) in Lahore there are less than 20 labor inspectors. In the entire province of Punjab, there are a total of approximately 100 labor inspectors. And herein lies the problem: is it even possible that in a province that has over 100 million residents, and thousands of small industries, shops and commercial establishments, a total of 100 people will be able to enforce the minimum wage laws? Is it not, then, true that we as a nation have no priority in ‘fixing’ the minimum wage (and thus, by extension, the minimum basic standard of living) in our society?

Next question: is only the government to blame for this, or do we all share part of the guilt?

Let us, for a moment, concede the idea that our respective governments (Federal and Provincial) are corrupt, inept and apathetic. Let us also concede (to the irk of our political masters) that governments will remain just as inept, regardless of which political party comes to power (or which dictator claims the role of a ‘savior’). Does that mean that individuals in our nation, who are privileged in terms of wealth and education, do not have a stake in the issue? Just because the government cannot enforce the minimum wage, must we continue to pay our cook, or driver, or sweeper of guard the minimum possible amount that we can negotiate? Must we build our ‘kothi’ and farmhouses in gaudy affluence, with a downtrodden “servant quarter” and substandard bathroom to house five guards? Must we close our eyes to whether the people who work with us, or for us, have children some place away, who are being denied (for want of money) the very basic education that costs no more than a trip to our favorite restaurant? And if so, can we really continue to live in our deluded moral comforts, and pat ourselves for donating pocket change to the local mosque?

Our compassion and humanity needs an overhauling. We must shift our national conscience from a ‘vertical interpretation of fundamental rights’ (where each citizen claims its rights, under the Constitution, from the State alone), to a more ‘horizontal’ approach (where, irrespective of the State, each citizen claims the basic fundamental rights from the other).

Now, if only, we could export this idealism from the pages of the newspaper, onto the practice of our lives.

The writer is a lawyer based in Lahore. He has a Masters in Constitutional Law from Harvard Law School. He can be contacted at saad@post.harvard.edu. Follow him on Twitter

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