http://www.financialexpress.co.in/news/Private-sector-affirmative-action/205931/


Private sector affirmative action
YRK Reddy
Posted online: Saturday , July 21, 2007 at 0504 hrs

The Chairman of the National Commission for Scheduled Castes has
reportedly told media that assurances of voluntary affirmative action by
India Inc may be a farce. He supported the idea of compulsive
legislation. Earlier, industry bodies have informed the PMO that they
have already adopted affirmative action on a voluntary basis and have
good results to show. Voluntary action is more sustainable, they assert.
Several leading companies have reported employment of Dalits in larger
numbers than any law would have required. Software leaders such as
Infosys have taken up special programmes to train SC/ST candidates.
Assocham, Ficci and CII have reportedly taken up a slew of actions,
including the creation of a corpus for skill enhancement, adoption of
industrial training institutes and using advocacy to promote affirmative
action.

Despite these assurances, there is indeed historical and chronic
resistance to affirmative action among most employers. This makes
legislation more appealing. The problem, however, is that the government
has no assured way of enforcing it, for technical and infrastructural
reasons. An affirmative action law exists for government jobs, but the
quotas remain mostly unfilled at state-owned enterprises and banks. Some
years ago, the estimate was that 54% of the SC/ST quotas in the
government remain unfilled. In state-owned enterprises, nearly 80%
remain unfilled. The figure for PSBs is 45%. At the university level,
only a fraction of SCs/STs occupy teaching positions. The standard
explanation is that there are not enough qualified candidates, and that
education and skill enhancement projects must be undertaken to enable
better supply. This may be true to an extent. There is also another
unexplored reason—that many minorities and Dalits have career
preferences at odds with where the government may want to see them.
Thus, several sectors fail to attract sufficient applications from them.

In many countries, affirmative action is supported by public policy,
incentives to the private sector, skill enhancement and the like. Thus,
over time, companies have begun to see affirmative action as a part of
their social responsibility—demanded by investors, many of whom now
operate on diversity checklists. The general approach has been to state
the company's policy on affirmative action, set targets, report
periodically on the progress and seek shareholder endorsement. The
entire process builds an explicit public commitment. This indeed has
been the way global corporations have progressed on the employment of
groups that have been historically discriminated against.

There is enough international evidence to show that compulsory
affirmative action has indeed failed all around without exception. At
the same time, there is not enough to say that all companies warm up
easily to voluntary action. It is thus no wonder that India Inc is
uncomfortable with the government's request for employment data of SCs
and STs in annual reports.

The government may now consider a "middle path" of first targeting the
listed companies through a combination of regulation and recognition for
those in compliance. The regulatory approach can only be tried if Sebi
thought it fit to amend Clause 49 of the listing agreement to require
listed companies to state their policy on affirmative action in
providing jobs to identified categories (women, Dalits, physically
handicapped, ex-servicemen and so on, without stipulating the types or
quotas); the current numbers in different skillsets; targets if any, and
the progress made. International investors, including the likes of the
IFC, ADB and leading pension funds, encourage such reporting and
disclosure, along with safety, health and environmental standards. In
many countries, such reporting is an expected norm, and companies are
required to explain and justify if they have not complied with such
reporting. Often, this is taken up for debate at shareholder meetings.

It is another matter that most of the listed companies have not yet
complied fully with corporate governance requirements—but in this case,
for want of any better alternative, we may let hope prevail over
experience.


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