Lessons of Empire: India, 60 Years After Independence
by Nick Robins and Pratap Chatterjee, Special to CorpWatch
August 14th, 2007
http://www.corpwatch.org/article.php?id=14640

Cartoon by Khalil Bendib

Two villagers who left their mud and wood huts last month to travel to 
London -- Kumuti Majhi and Phulme Majhi -- were a stark contrast to the 
212,000 wealthy Indians who visited Britain last year on shopping 
expeditions where they outspent Japanese tourists. The villagers' 
mission, rather than the acquisition of designer clothing or the latest 
electronics, was to try to save the livelihoods of their small tribe 
that grows millet, fruit and spices in the lushly-forested Niyamgiri 
hills in eastern India.

On August 1, 2007, the Majhis spoke out at the annual general meeting of 
Vedanta Resources PLC, a British multinational that is poised to dig a 
new bauxite mine that threatens the village of Jaganathpur. While 
Vedanta is incorporated in Britain, it is owned by Anil Agarwal, the 
world's 230th richest man according to the Forbes 2007 list, a former 
scrap metal merchant who was born in eastern India. (See Vedanta 
Undermines Indian Communities, by Nityanand Jayaraman.)

The timing of the Mahji's trip to Britain and the protests back in India 
have a much wider significance. 2007 is marked by a trinity of 
anniversaries that recall India's conquest, first struggles and eventual 
liberation from British rule. On August 14th, India celebrates 60 years 
of independence. Earlier in the year, commemorations took place for the 
150th anniversary of the great rebellion against British rule in 1857 -- 
known in the UK as the 'mutiny' and on the sub-continent as the 'first 
war of independence.' This trinity of historic milestones is completed 
with the 250th anniversary of the pivotal battle of Plassey in June 
1757, when the private army of Britain's East India Company (which was 
often referred to simply as the "Company") defeated the forces of the 
Nawab (ruler) of Bengal (in eastern India), ushering in first corporate 
and then imperial domination.

It is this legacy of collusion between global corporations and the 
expansionist state that makes this year so poignant and full of enduring 
lessons. Its history provides timeless lessons on how (and how not) to 
confront corporate power with protest, litigation, regulation, rebellion 
and, ultimately, corporate redesign. Many of today's corporate struggles 
are prefigured in the resistance to the Company's rise to power. Again 
and again, "the return of the East India Company" is used as a 
catch-phrase to describe the recent influx of multinationals into India, 
whether global mining corporations or foreign business more generally.

And the Mahji's journey follows in the footsteps of others who have 
travelled to London to seek redress from corporate abuse. In August 
1769, for example, two Armenian merchants, Johannes Rafael and Gregore 
Cojamaul arrived at London's docks. The two were rich men and had made 
their fortunes in India's most prosperous region, Bengal. However, 
Rafael, Cojamaul and two others had been summarily arrested by the 
Company's chief executive in Bengal, Harry Verelst, who then held them 
for more than five months under guard. When they were released, they 
found that the Company had pressured its puppet, the Nawab of Bengal, to 
change the rules of the game and ban all Armenians from the Bengal 
market. Sailing around the world to where the Company was headquartered, 
Rafael and Cojamaul appealed to its board of directors, complaining of 
their "cruel and inhuman" treatment.

The striking continuity of protest over the centuries is largely buried 
in today's celebration of India's surge to economic prominence. Tata's 
acquisition of Anglo-Dutch steel group Corus earlier in the year has 
been seen by many as symbolizing the end of Britain's era of industrial 
supremacy. Tata had already bagged the UK's iconic tea blend, Tetley, 
and its automotive arm may be lining up a bid for Land Rover. Writing 
recently in the Financial Times, Malvinder Hohan Singh, the chief 
executive of Indian pharmaceutical company Ranbaxy, caught the mood: 
"500 years ago, a company was formed in London that directly led to 
British rule in India [and] there appears to be some concern that there 
is evidence of a reverse trend."

This theme of reversal has also influenced India's popular media, most 
strikingly in a TV advertisement for Rajnigandha pan masala. Set in 
London, the ad shows an Indian tycoon stopping his car in front of the 
East India Company's headquarters and announcing to his secretary that 
he wants to buy the firm: "They ruled us for 200 years, and now it's our 
turn."

But while the media celebrates India's rise as the new economic 
emperors, they would also do well to reflect on the history of the 
world's first major multinational.

Down with the East India Company!

Established on a cold New Year's Eve in 1600, Britain's East India 
Company is unarguably the mother of the modern corporation. In a career 
spanning almost three centuries, the Company bridged the mercantilist 
world of chartered monopolies and the industrial age of corporations 
accountable solely to shareholders. The Company's establishment by royal 
charter, its monopoly of all trade between Britain and Asia and its 
semi-sovereign privileges to rule territories and raise armies certainly 
mark it out as a corporate institution from another time. Yet in its 
financing, structures of governance and business dynamics, the Company 
was undeniably modern. It may have referred to its staff as servants 
rather than executives, and communicated by quill pen rather than email, 
but the key features of the shareholder-owned corporation are there for 
all to see.

Beyond its status as a corporate pioneer, the sheer size of its 
operations makes the Company historically significant on a global scale. 
At its height, the Company's empire of commerce stretched from Britain 
across the Atlantic and around the Cape to the Gulf and on to India. 
 From its headquarters at East India House on London's Leadenhall 
Street, the Company managed an extensive import-export business. Trading 
posts were established at St. Helena in the mid-Atlantic, where Napoleon 
drank Company coffee in exile. 'Factories' were also established at 
Basra and Bandar Abbas in the Middle East. But it was in India that the 
Company's impacts were most profound. Some of India's major cities grew 
on the back of the Company's trade, not least Bombay (Mumbai), Calcutta 
(Kolkata) and Madras (Chennai). Beyond these coastal ports, the Company 
established a huge land empire, first as an opportunistic quest for 
extra revenues and later as an end in itself.

Always with an eye to the share price and their own executive perks, the 
Company's executives in India combined economic muscle with its small, 
but effective private army to establish a corporate state across large 
parts of the sub-continent. Plassey was the turning point when the 
Company's forces defeated the Nawab of Bengal and placed its puppet on 
the throne. This is often regarded as the contest that founded the 
British empire in India. But it is perhaps better viewed as the 
Company's most successful business deal, generating a windfall profit of 
£2.5 million for the Company and £234,000 for Robert Clive, the chief 
architect of the acquisition. Today, this would be equivalent to a £232 
million corporate windfall and a cool £22 million success fee for Clive.

Yet, the Company's footprint did not stop there, but stretched on to 
South-East Asia and beyond to China and Japan. Penang and Singapore were 
both ports purchased by the Company in an age when territories could be 
bought and sold like commodities. And if India was the site of the 
Company's first commercial triumphs, it was in China that it made its 
second fortune. The Company's 'factory' at Canton was the funnel through 
which millions of pounds of Bohea, Congo, Souchon and Pekoe teas flowed 
west to Britain, Europe and the Americas. In the other direction came 
first silver and later a flood of Indian-grown opium, smuggled in chests 
proudly bearing the Company chop (or logo).

 From the beginning, the Company's monopoly control over trade with Asia 
had been disputed by its competitors back in Britain. But it was with 
the Company's acquisition of unprecedented economic power following 
Plassey that it came to be seen as a more structural threat to political 
liberty back home. For the editor of London's Gentleman's Magazine, by 
April 1767 it had become the 'imperious company of East India 
merchants.' For this normally sedate magazine, the prospect was bleak 
and boiled down to "whether the freedom or the slavery of this island 
will result." Not surprisingly, perhaps, this fiery article was 
concluded with a defiant cry -- "down with that rump of unconstitutional 
power, the East India Company." Six years later, as American patriots 
organised to counter the threat of the Company's newly won monopoly of 
the Atlantic tea trade, Rusticus' writing in east coast newspaper, The 
Alarm, also made clear his opposition: "Their conduct in Asia, for some 
Years past, has given simple Proof, how little they regard the Laws of 
Nature, the Rights, Liberties or Lives of Men." Looking back, the 
uprising that eventually led to America's independence was sparked as 
much by hostility to corporate monopoly as it was to taxation without 
representation.

The Company's malpractice also featured heavily in Adam Smith's Inquiry 
into the Nature and Causes of the Wealth of Nations, published in 1776. 
Written in the wake of the Company's speculative 'Bengal Bubble,' Smith 
dissected the corporation as an institution and evaluated the factors 
that led to its own particular crisis. Uniquely, Smith was emphatic in 
downplaying the actions of individuals as the root cause of the 
problems. 'I mean not to throw any odious imputation upon the general 
character of the servants of the East India Company,' he wrote, 
stressing that 'it is the system of government, the situation in which 
they are placed, that I mean to censure.' The problem was one of 
corporate design.

For Smith, the Company held the secret to one of the greatest puzzles of 
his time: explaining the distribution of benefits from the rapidly 
increasing integration of the world economy. "The discovery of America, 
and that of a passage to the East Indies by the Cape of Good Hope," 
argued Smith "are the two greatest and most important events recorded in 
the history of mankind." Smith's belief was that the full potential of 
this dramatic opening had not been realized, owing to a combination of 
colonies and corporations. For the natives of both the East and West 
Indies, "all the commercial benefits have been sunk and lost" in a 
series of "dreadful misfortunes." In Asia, the agents of this pain were 
the Dutch and British East India Companies, monopoly corporations that 
he condemned as "nuisances in every respect." Not only did people pay 
for "all the extraordinary profits which the company may have made," 
argued Smith, but they also suffered from "all the extraordinary waste 
which the fraud and abuse, inseparable from the management of the 
affairs of so great a company, must necessarily have occasioned." Smith 
was certainly an enemy of the over-mighty state, but he was also opposed 
to the over-mighty corporation, arguing strongly against the market 
power of monopolies and the speculative dynamics of stock-market listed 
firms.

Perhaps what infuriated the Company's contemporaries most through the 
seventeenth, eighteenth and nineteenth centuries was its impunity, its 
ability to shrug off the consequences of its actions. For an insidious 
corollary to the Company's speculative drive for market dominion was its 
willingness to engage in immense crimes safe in the knowledge that 
domestic and international remedies were not in place. A large part of 
the problem lay in the legal void of the time, with courts in both 
Europe and Asia wholly ill-equipped for bringing corporations and their 
executives to account. This did not stop the Company's contemporaries 
from trying, most notably Adam Smith's friend, Edmund Burke.

It was Burke who first exposed how the Company had 'radically and 
irretrievably ruined' India through its 'continual Drain' of wealth -- a 
phrase that would haunt the next 150 years of British presence in India. 
In 1783, Burke introduced to make the Company accountable to the British 
Parliament, arguing that its corporate charter carried intrinsic duties: 
"this nation never did give a power without imposing a proportionable 
degree of responsibility." It is said that when one of the Company's 
oldest Directors, William James, read  Burke's bill, he died of shock. 
When Burke's measure failed as a result of an unholy alliance of Court 
and City, he took up a hopeless struggle to impeach the Company's most 
senior executive in India, the former governor-general, Warren Hastings. 
Burke was merciless in his critique, on one occasion describing how 
Bengali women had been violated by the Company's tax collectors: "They 
were dragged out, naked and exposed to the public view, and scourged 
before all the peoples they put the nipples of the women into the sharp 
edges of split bamboos and tore them from their bodies." For seven long 
years, the trial continued, ending as expected with a grateful House of 
Lords acquitting Hastings of "high crimes and misdemeanours."

To get the founder of liberal economics and the father of modern 
conservatism both struggling to tame the Company says something for the 
bipartisan threat that the corporation posed to Britain during the 
Enlightenment. And Smith and Burke were joined by many others -- poets, 
playwrights and pamphleteers -- who expected future generations to take 
a similarly hard look at the Company's performance. "Historians of other 
nations (if not our own)," wrote the poet Richard Clarke in 1773, "will 
do justice to the oppressed of India and will hand down the Memory of 
the Oppressors to the latest Posterity." In the introduction to his long 
satire, The Nabob, or Asiatic Plunders, Clarke urged his countrymen "to 
perpetuate an honest indignation against these enemies of mankind."

A Legacy of Loot

Yet, in spite of Smith's profound analysis and Burke's passionate 
rhetoric, imperial interests won out against principle, consigning India 
to an empire of scorn and extraction. The drain of wealth was simply too 
attractive to renounce -- even though one lone MP did call for Britain 
to withdraw from India back in the 1780s. Combining commercial 
domination with control over Bengal's tax system, the Company was able 
to restructure the richest province of what had once been the Mughal 
Empire for its own ends. Textiles were shipped back to London, paid for 
by Bengal's own taxes, and peasants were forced to grow opium to be sold 
exclusively at below-cost prices to the Company, who then engineered its 
illegal export into China. If force and fraud were the tools by which 
the Company turned the terms of trade in its favour in India, it was 
opium that eventually had the same effect with the Qing Empire. For 
millennia, Europe had exported bullion to Asia in return for luxury 
goods, and when the Company was formed in 1600, Britain accounted for a 
paltry 2 percent of global output, compared with India's 22 percent and 
China's 29 percent. By the time Britain finally departed India's shores 
three and a half centuries later, its national income was more than 50 
percent greater than that of its former colony. And it was the East 
India Company that acted as one of the chief agents in engineering this 
great switch in global development.

"What is happening today with the rise of India and China is not some 
miraculous novelty -- as it is usually depicted in the Western press," 
writes historian William Dalrymple in the August 2nd issue of Time 
magazine, "so much as a return to the traditional pattern of global 
trade in the medieval and ancient world, where gold drained from West to 
East in payment for silks and spices and all manner of luxuries 
undreamed of in the relatively primitive capitals of Europe."

Centuries after the Company's demise, its physical presence in India 
continues to impress: Its remains stretch from ruins of its fort at the 
pepper port of Tellicherrry on the west coast, to the grandeur of 
Chennai's Fort St. George on India's eastern shore. The mark is greatest 
in Kolkata, a "company town" of immense proportions.

But the Company's powerful legacy also endures in India's public memory 
as an inspiration to the nationalist struggle for independence. For 
India's first prime minister, Jawaharlal Nehru, the Company lay at the 
root of the oppression that he fought. "The corruption, venality, 
nepotism, violence and greed of money of these early generations of 
British rule in India," Nehru thundered in The Discovery of India, "is 
something which passes comprehension." Looking back at the Company's 
conquest of India, Nehru noted "it is significant that one of the 
Hindustani words which has become part of the English language is loot."

Traditions of Domination and Resistance

Today, after a decade of economic liberalization in India, this critical 
analysis continues to lie close to the surface. For many Indians, the 
Company's story has two profound morals: first, that multinational 
companies want not just trade, but power, and second, that division and 
betrayal among Indians enables foreign rule. The East India Company was 
a profit-making company that generated not only great wealth, but 
immense suffering, most notably in the horrific Bengal famine of 
1769-70. Just as corporations today should be judged by the impacts of 
their core business rather than their often peripheral donations to 
cultural events, so the East India Company has to be assessed on the 
basis of its underlying activities rather than the occasional 
philanthropy of its executives.

Far from being a dusty relic, the East India Company exemplifies the 
constant battle within corporations between the logic of exchange and 
the desire for domination. Two centuries on, it demonstrates that the 
quest for corporate accountability is a perpetual exercise in directing 
the energies of merchants and entrepreneurs so that their private 
passions do not undermine the public interest. The lesson from Smith is 
the imperative to keep corporate size in check while globalization is 
fostering ever-increasing commercial concentration. And from Burke, we 
can take the essential importance of placing corporate conduct within a 
framework of justice, establishing legal mechanisms to hold corporations 
to account.

At its heart, the Company's business model combined speculation at home 
with aggression abroad. It was Karl Marx, writing in the 1850s as the 
Company limped towards its end, who pithily captured the drive that lay 
behind its remorseless rise to power. It was not any imperial project 
that had led it on, he wrote, but rather the Company had "conquered 
India to make money out of it."

Just as in the days of the Company, India remains the place where 
corporate practice meets strong resistance, such as ongoing protests to 
bring justice for the thousands who were poisoned or killed in the 1984 
deadly gas leak at Union Carbide's Bhopal factory, or the movement in 
the 1990s to prevent Enron's Dabhol natural gas power project in 
Maharashtra from going on-line.

Challenges to multinational projects continue across the country today: 
In March 2007, after police shot to death 14 people protesting against 
investment plans of the Salim Group of Indonesia, the chemical hub in 
West Bengal Nandigram was cancelled. Nor is it just foreign companies 
that have faced fierce resistance. Protesters have targeted India-based 
billionaires including the Tatas who planned to set up a major car 
factory in Singur, West Bengal.

And like the Company, corporate impunity remains a constant concern. 
Roger Moody, a British campaigner from Mines and Communities, notes that 
Vedanta's subsidiary, Sterlite Gold, stands accused of a raft of 
criminal acts in Armenia, including mining more gold than permitted by 
the government, deliberately under-valuing its reserves, and failing to 
properly dispose of mine wastes. Last November, in Zambia, Vedanta was 
indicted for willfully using a defective pipeline to dispose of highly 
toxic tailings from the country's largest copper mine, KCM, which it 
purchased two years earlier. It had also been constructing Zambia's 
premier copper smelter without obtaining official permission from the 
Zambian government.

Last week, the Majhis took home a small concession from London. A 
Vedanta spokesperson said the company's chairman, Anil Agarwal, would be 
"very happy" to visit the controversial area with the villagers. But, 
the villagers understood that would not be enough. "We are not going to 
allow this [destruction] to happen," Kumuti Majhi told a news conference 
in New Delhi. "We have been living in this mountain range for 
generations, and we worship Niyamgiri as a living god."

Warm words were equally insufficient for Rafael and the other Armenian 
merchants back in the time of the East India Company. When the Company's 
directors arrogantly brushed them aside, they went to court, suing the 
Company's chief executive in the region, Harry Verelst, for damages. An 
intense legal battle then unfolded with claim and counter-claim lasting 
until 1777, when the courts found Verlest guilty of "oppression, false 
imprisonment and singular depredations." The Armenians won a total of 
£9,700 in compensation -- over £800,000 in today's money. Thousands of 
miles away from the scene of the crime, the principle of 
extraterritorial liability for corporate malpractice had been 
established in Georgian London.

Will Vedanta and others repeat the excesses of the British East India 
Company, or can systems of accountability finally be established that 
protect the rights of the weakest -- just as Burke hoped for centuries 
ago? Much depends on what investors, regulators and society learn from 
the lessons of the past.

Corporations, like people, have life spans. The British East India 
Company is long dead, but the quest for wealth it embodied endures. So, 
too -- as evidenced by popular movements and persistent campaigners like 
Kumuti Majhi and Phulme Majhi -- does resistance.

* Nick Robins is author of The Corporation that Changed the World: How 
the East India Company Shaped the Modern Multinational (Pluto, 2006)
-- 
Anivar Aravind
moving Republic
Peringavu.P.O
Thrissur-18
Kerala
http://anivar.movingrepublic.org/about


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