Ananya Bali – Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Thu, 04 Jan 2024 11:02:35 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Ananya Bali – Fashion Law Journal https://fashionlawjournal.com 32 32 Embracing Body Positivity-Are Fashion Brands Doing It Right? https://fashionlawjournal.com/embracing-body-positivity-are-fashion-brands-doing-it-right/ https://fashionlawjournal.com/embracing-body-positivity-are-fashion-brands-doing-it-right/#respond Thu, 13 Jan 2022 08:33:11 +0000 https://fashionlawjournal.com/?p=2947 At the moment, there are more than 10 million posts on Instagram, with the hashtag “Body Positive”. From Bollywood celebrities and their Hollywood counterparts to stars of reality TV shows, off late the cause has come about to be championed by numerous people. And without an iota of doubt, this highlights the beginning of change when it comes to beauty standards and perception of the same.

While it is true that “body positivity” and “inclusion” have become buzzwords of sorts too, one cannot possibly deny the profound impact these very considerations have had on market trends-as to how companies create, market and sell their products. As a result, fashion brands, right from home-grown labels to big fashion houses, have been pushed to not only re-evaluate the conventional beauty standards they have been propagating but also incorporate the same into their lines. “The narrow definition of physical perfection had prevailed for far too long anyway” (Moulton 2019).

In trying to keep up with the times, there is barely any beauty or wellness company that is not declaring it’s acceptance of the body positivity movement all over its social media handles. However, when it comes to staying true to your words, and actually practising what you preach-that’s where the problem arises. Sadly, a lot of policies taken up by companies fail to yield concrete results and come under the garb of nothing else but tokenism.

For instance, if brands continue to use skinnier models in their ad campaigns, even though they might be producing clothes in a range of sizes, they cannot be said to be promoting inclusivity in its truest sense. More concerted efforts need to be made in that respect. Being a mid-sized female myself, what continues to baffle me is the segregation of clothes tagged as plus-size from other sizes in stores. It is extremely hypocritical in my opinion to laud yourself for being a “body positive brand” and proudly wearing that badge on one hand while designating a separate rack altogether for plus-sized clothing. How could this be called being inclusive when shoppers have to specifically where is the plus-size section located…

Apart from this, a lot of times the options that are available to shoppers in terms of styles, colours, prints and fabrics, are also limited when it comes to plus-sized clothing, which is inarguably extremely disappointing. What is worse is the fact that many retailers end up charging more for plus-sized clothing stating the reason that those pieces “end up using more material”. It is but natural for customers to find this offensive and insulting (Nagar 2021), but what this ultimately also helps shed light on is how such brands ultimately accord prime importance to their small-sized customers. What is alarming is the blatant fashion in which they go about doing the same.

Gone are the days of conventional norms of beauty; rigid and extremely limited in their scope. Whether it be different colours of the skin or body shapes, sizes and even sexual preferences, it is crucial that brands not only embrace new beauty standards on paper, but also live up the same in actuality. From billboard ads to collections in stores-companies need to amp up their efforts while trying to make space for bodies of all kinds.

The silver lining at the end of the cloud is that there are some brands that are actually also getting it right and making big waves in the arena. The world-renowned brand Nike is a great example that way. Their plus size collection, which was rolled out in 2017, got an incredibly positive response since they finally listened to their consumers, who had been asking for long for representation and inclusion(Moulton 2019).Fast-fashion brands like H&M and even online portals like Urbanic, now have a significant number of options available plus-sized clothing or the “curve” section, as many labels call it.

Some companies adopt a more unique approach when it comes to body positivity and have a different take than others. The company, Billie, which makes razors, for example talked about things that many would be hesitant to. Their marketing campaigns showed women shaving toe hair and thus, normalising initiating a dialogue about things that are otherwise considered too, despite being incredibly common!

Knix, a Canada based underwear brand is making some great strides as well. They tout themselves to put comfort of women and confidence at the helm of their priorities and their promotional photos seem to capture this very ethos. They feature a diverse range of models, all having different body body types and sizes. What makes it even better is how the photos are untouched and not put through an editing software, so what we get to see is completely real, no airbrush, nothing. This further solidifies the brand’s philosophy and commitment to celebrating all kinds of women (Jess 2021).

The movement has undoubtedly garnered a lot of support and as the tempo increased, even Victoria’s Secret, perhaps the world’s most famous lingerie brand, had to scrap their annual fashion show featuring “Angels”, and take up a more holistic approach, as is reflected in their latest campaigns. Other fashion houses also seem to have followed suit. Gucci featured Ellie Goldstein, an 18-year-old model with Down’s syndrome in their 2019 mascara campaign Vogue while Torrid, became the first brand to present a collection, which had sizes ranging all the way from 10 to 30, during the New York Fashion Week in 2018(Human 2020). This highlights how the high-fashion market too is becoming receptive of the body positivity movement, albeit slowly.

Even though one can see considerable progress being made in the fashion industry, there’s still a long way to go, before the ideals of body positivity and inclusion, could be said to have been realised in the true sense.

Conversations revolving around these spheres need to do a much better job of including men, gender-nonconforming individuals as well as people with physical disabilities. Lack of adequate representation in this regard, continues to plague the world of fashion. The majority of male models that we get to see are white, skinny and with no physical impairments whatsoever. Plus-size men are hardly seen in the industry. Rihanna’s Savage X Fenty did end up being a trailblazer herein, with their 2020 ad campaigns featuring plus-size men, but we still fail to see other brands treading the same path.

It still continues to be more or less, the road not taken(or hardly taken). The progress surrounding women can perhaps be attributed to the fact that they have been more vocal about this topic, which in turn helped the movement gain momentum. When it comes to male body positivity, there’s sadly still a lot of taboo surrounding it. “Society doesn’t create a comfortable space for men to express their thoughts and views about male representation in the media” (Human 2020), which is incredibly unfortunate. Coming to the LGBTQIA community, this issue gets all the more exacerbated.

Ultimately all that body positivity boils down to is promoting a good sense of self-esteem and representing the society accurately. Body positive influencers, activists, journalists, you and I-we all play an important role to varying extents, in changing how we view our bodies. We have been dictated for far too long, as to what should be construed as “beautiful”; how should the perfect pair of jeans “fit your rear”; how to make your waist look “narrow”- among numerous other unrealistic beauty standards, that are constantly shoved down our throat. It is high time we take that power away, away from media houses, away from celebrities(paying secret visits to their favourite surgeons every now and then), away from instagram models, away from everyone promoting such toxicity. And the only way we can do that, is by raising our voice and thereby, making sure, that it’s heard even more clearly by each and every stakeholder in the fashion industry.

I could not agree more with Jessy Human here, that “if media outlets and the fashion industry can have a negative effect on people’s body image, then imagine the positive effect they could have with more movement toward being inclusive”. The spark has been ignited and it is only a matter of time before the fire of change engulfs the entire world of fashion.

Sources

Human, Jessy. 2020. “The Body Positivity Movement And Fashion | Luxiders”. Sustainable Fashion – Eco Design – Healthy Lifestyle – Luxiders Magazine. https://luxiders.com/the-body-positivity-movement/.

Jess, Rebekah. 2021. “The Impact Of The Body Positive Movement On The Fashion Industry | Apparel Resources”. Apparel Resources. https://apparelresources.com/fashion-news/innovation/impact-body-positive-movement-fashion-industry/.

Moulton, Nicola. 2019. “Why It’S Time For Big Beauty Brands To Embrace Body Positivity”. Vogue India. https://www.vogue.in/wellness/content/body-positivity-in-the-beauty-industry.

Nagar, Akanksha. 2021. “Why Brands Shy Away From Plus-Size Customers”. Www.Bestmediaifo.Com. https://bestmediainfo.com/2021/09/why-brands-shy-away-from-plus-size-customers/.

]]> https://fashionlawjournal.com/embracing-body-positivity-are-fashion-brands-doing-it-right/feed/ 0 Regional Fashion Around the Globe https://fashionlawjournal.com/regional-fashion-around-the-globe/ https://fashionlawjournal.com/regional-fashion-around-the-globe/#respond Thu, 02 Dec 2021 12:41:14 +0000 https://fashionlawjournal.com/?p=2925 Nina Garcia very famously once said that fashion is just an interpretation of the culture around us. I for one couldn’t agree more with the celebrated fashion journalist and current editor-in-chief of Elle magazine.

Fashion can never be seen as an isolated factor of clothing, shoes, bags, the works…It is inextricably connected to every aspect of our life; not only influencing different spheres but also getting influenced in turn. From regional cultures to art and technological innovation, the world of fashion is impacted by a myriad of things. Coming to fashion around the globe, there exists an endless list of styles that have borrowed to a large extent from specific cultures and regions. From loose kimono shrugs and bishop sleeves to waist trainers(taking inspiration from Victorian era corsets) and gladiator sandals(like ancient Greek warriors used to wear), a host of fashion staples have taken inspiration from the uniquely differently cultures of our planet. Whether it is a saree-clad lady or a Sheikh dawning a thawb, what clothing does, is help in identifying what part of the world does the wearer reside or come from. Even in ancient times, clothing held a lot of significance in terms and revealed a lot about the person.

Iconic Looks

Without an iota of doubt, some pieces of clothing evoke crystal clear images of certain parts of the world. For instance, a lady wearing a hijab or burkha might compel one to think of the Middle East while one wearing a salwaar-kameez might make one think of North India or Pakistan. At the end of the day, as we are all becoming incredibly globalised a generation, the fact of the matter is that all of these looks belonging to different geographical locations can appear nearly anywhere in the world. Most of the biggest cities around the world from London to New York and Paris, are all melting pots of different cultures, where one can see fashion from around the world, of course coupled with the distinct touch of that city.

The clothing that we dawn forms an important part of one’s identity all across the world, whether it is a black-tie event in Berlin or a big fat Indian wedding in Delhi.

India

The sherwani and kurta pyajama for men, while sarees for women, comprise staples for a lot of Indians when it comes to formal occasions. The sherwani in particular has quite a bit of rich history associated with it. This particular piece of clothing is said to have “evolved from the Baraba, a Persian style of cloaks, but under colonial rule in India, it was adapted and became more European in style. It is a tailored fit with buttons down the front, usually worn with loose-fitting pants made of light material. The pants vary according to location but follow a similar pattern”[1].

Japan

The kimono, a robe traditionally worn by Japanese for formal locations is a very famous piece of garment that does not require much introduction. The kimono is essentially free-flowing clothing item and resembles a full length jacket. It continues to be very popular among Japanese grooms but has been replaced by western style suits for other formal occasions. Coming to women, the white dress is incredibly prevalent when it comes to weddings but kimonos are also undoubtedly important for the traditional ceremony that many couples do.

China

The modern Tang suit, although tailored and slim fitting, is heavily inspired from the “shenyi”-which was a one-piece garment with a square silhouette. The “shenyi” dates all the way back to Zhou Dynasty and was in fact adopted as formal dress by the Han Dynasty(206 BC- 220 BC). If observed closely, the Tang suit jacket is a cross between a shirt and a jacket. If someone opts to go in for a full jacket, then they would perhaps choose the Mao jacket. These jackets tend to be a little more conservative in terms of colour and prints and are usually paired with well-fitting pants[2].

Africa

The dashiki is mostly worn in West Africa. It is called by different names, such as Kitenge in East Africa and Java in Indonesia. The informal version of the same is a more loosely-fitting garment, with an ornate V-neck and is often seen being worn by people belonging to African heritage all over the world. The formal version also tends to follow a similar silhouette but the only difference is that the top is open and is worn in fact as a mid-length jacket. It is worn with tailored pants to wither match the top or contrast, which depends from one wearer to the other. In Muslim communities, it is often worn with a Kufi cap. Different colours also hold different significance. For example, gray dashikis are worn for weddings with black while red is the colour for funerals. Coming to women, the kaftan happens to be the attire which is most popular among women of African descent throughout the African diaspora[3].

Regional Styles

When it comes to ethnic styles in fashion, they hail from all around the world. Designers often venture to exotic regions, seeking inspiration for their collections. After all, what is fashion if not wearable art; and, just like Monet’s Lillies, sometimes designers, whose canvas is a couple-square yards of fabric, incorporate indigenous fruits and flowers in their clothing. The Dolce & Gabbana 2012 collection, replete with bright prints of Mediterranean fruits is an example of the same. From kaftan beachwear and Chintz prints to Pashmina based fall/winter collection, n number of fashion trends exemplify how different cultures can have such a deep impact, not only on what we see on the runway but also, on what ends up in our wardrobes. Accessories and garments, once considered exclusive to a particular region, have found their way into mainstream fashion, whether its mang-tikas or jhumkas in Coachella or the kilts of Scotland in romantic-comedies.

Global Textiles

Even if some textiles don’t manage to get assimilated in different cultures of the world, certain textiles go on to earn coveted spots in the gold of fashion, owing to their superior quality. While Chinese silk has for long been considered the epitome of luxury, Central Asian textiles have often been regarded as exotic. Japanese textiles with their intricate handiwork can easily be said to replicate art while African textiles are known for their bright colours and patterns. [4]Coming to our own country, from mirror work in Gujarat to Kanjeevaram silk down south; cultural diversity also translates into a wide range of textiles.

Cultural Influence

As mentioned in the beginning of the article too, a good amount of fashion that that is sported in the western world and has now become a staple in some sense, stems from many different parts of the world. For instance, jewellery and ornaments from India are frequently referenced within modern pop culture. Beauty pageants and wedding dress designers often feature nods towards royal and aristocratic dresses of the bygone era. The trendy neck scarves that cabin crew as well as a host of women working in the corporate sector wear, also look quite similar to the kaffiyeh worn by men in the Arab world.[5]

As fashion continues to grow and evolve with the rest of the society it’s often not that hard to see recognition of fashion in the past even when it comes to the most futuristic of designs. Cultural styles belonging to different parts of the world will always continue to permeate the sphere of fashion and influence how clothes are born. At the end of the day people will always find a way to make their style their own. Clothing and style is ultimately nothing but a way to assert your individuality and creativity without vocalising the same.

[1] ‘Different Countries Different Fashions. What Is Considered Formal Around The World? – Exclusive Tailor’ (Exclusive Tailor, 2019) <https://www.exclusivetailor.com/different-countries-different-fashions-what-is-considered-formal-around-the-world/> accessed 12 November 2021.

[2] Ibid.

[3] Ibid.

[4] (Fashion-history.lovetoknow.com, 2021) <https://fashion-history.lovetoknow.com/clothing-around-world> accessed 11 November 2021.

[5] Ibid.

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Modern Slavery in Fast Fashion Brands https://fashionlawjournal.com/modern-slavery-in-fast-fashion-brands/ https://fashionlawjournal.com/modern-slavery-in-fast-fashion-brands/#respond Sun, 03 Oct 2021 08:26:57 +0000 https://fashionlawjournal.com/?p=2807 Off-late ethical fashion has been quite the buzzword, even more so after the advent of the pandemic. Advocates like Lucy Siegle have made their voice been heard, loud and clear that “fast fashion is not free and someone, somewhere is paying” (Stanton, 2021). However, lines of morality tend to get blurred when we have to listen to our conscience on one hand and control the urge to lay our hands on the latest spring/summer collection, on the other.

Most of the world’s most famous brands, from Shein and H&M to Levi’s and Zara, all have faced accusations of profiting from the forced labor. It is in-fact hard to pin down a brand that has not had charges levelled against it. In today’s day and age of globalisation, international apparel brands have grown increasingly used to benefiting from oppressive worker conditions that exist in countries like China, India, Myanmar and Bangladesh among various others. What all these places share in common is cheap cost of production, which in turn reflects incredibly alarming working conditions.

The supply chains that exist in such businesses are ‘long and opaque’, with violations happening at different stages of the clothing item’s journey from field to shelf-starting from cotton mills to the weaving, dyeing and finishing stage(Goodman, Wang and Paton, 2021).

A major reason why the fashion industry is not able to tackle the issue of labour abuses and exploitation in a proper manner, is because it is very hard to pin-point breaches in the first place. The field of fashion is an industry of industries.

It is “very closely connected to agriculture for the production of raw materials such as cotton, to the chemical industry for dyes and to the garment-manufacturing industry in a vast array of developed and developing nations. A garment could have been through five different countries, all with different legislation and definitions of modern slavery, before it ends up on the shop floor” (Goodman, Wang and Paton, 2021)

With this level of complexity, it should not come as a surprise that there end up existing a slew of issues.

Another reason is the fact that it is an incredibly difficult task to streamline and form a unified approach across different organisations and regulating bodies that exist across the planet. Each country tends to have its own specific code of conduct and legislation(the same being non-existent in many) and ensuring compliance with all of them(especially countries whose GDP thrives on the profits accrued from sweatshop-like working conditions) is a herculean undertaking, which these Multi-National Brands are not happy to take up in the first place. All it does, is increase their load and their share of responsibility while cutting down their profit margins at the same time.

Strict enforcement of laws around modern slavery is, without an iota of doubt, the prime reason why these violations happen in the first place; why modern slavery is able to exist even in the 21st century…

From lack of policing to a lackadaisical approach adopted by regulatory bodies in general (assuming, there exist these organisations), there are a number of factors why laws, even if they happen to exist in specific regions, fail to have the desired effect of curbing modern slavery.

An NGO called Anti-Slavery International, provides the following definition- It is “the severe exploitation of other people for personal or commercial gain”. Furthermore, the International Labour Organization and the Walk Free Foundation (WFF) claim that approximately “40 million modern slaves” exist globally today out of which, 71% are girls and women while one-fourth are children(Breen, 2020).

A host of reasons like sharp increase in poverty, access to beneficiary schemes being limited coupled with the pressure on companies and other organisations to win contracts from global MNCs at the lowest price possible, has created such circumstances wherein those belonging to the financially weaker sections of society, mostly female and migrants, end up experiencing violation of the most basic of rights(Breen, 2020).

Talking about India, pretty most of our go-to brands in a typical market space or arcade have had allegations levelled against them. Modern slavery has been found to exist in the Indian garment sector with female migrants being exploited in garment factories that supply to some of the world’s biggest international fashion brands from Benetton and Gap Inc to Levi Strauss.

The International Labour Organization (ILO) lists out eleven indicators for forced labour, out of which five were found to exist in the Bangalore city’s garment industry. The factors being as follows:

“Abuse of vulnerability; deception as a result of false promises (wages etc); restriction of movement in the hostel; intimidation and threats; and abusive working and living conditions”(Russell, 2018).

It is important to note herein, that the effects of these aspects are felt much more strongly by migrant workers as compared to local employees. They find themselves to be doubly disadvantaged due to the interplay of other socio-economic factors as well, but all ultimately stemming from their position of vulnerability.

The only way that such blatant violations can be dealt with, is if the companies who are effecting the same, take cognisance of the infringement of their workers’ rights, followed by concrete commitments to remedy the situation.

One can hope that apart from simply making public statements and issuing apologies claiming to ‘look into the matter’, brands start owning up to their predatory behaviour and doing the needful. It is high time! The glamour and prestige in the trendiest of clothing amounts to nothing, if what it ultimately feeds is hunger and unhappiness.

CASE STUDIES

Boohoo

Dingy sweatshops with garment workers toiling in hazardous conditions should be limited to a page out of history textbooks. Sadly, the same situation continues to persist even in today’s times in the fashion industry. As glamorous as it may appear on the face of it, the world of fast fashion in reality is nothing but brutal when we look at the horrific conditions the workers employed in these factories have to endure(Sutherland, 2020). Coupled with the problem of unfair wages, it is nothing but modern day exploitation that workers across textile factories are subjected to.

The Boohoo Group, owner of some of the hottest brands in the world, such as, Karen Millen, Oasis and PrettyLittleThing among others, has in particular been slammed with a slew of charges. The Sunday Times undertook an undercover investigation as per which, the production factories coming under its aegis did not abide by the Covid-19 social distancing protocol. They apparently also forced workers to come to work even if they showed symptoms and paid them salaries as meagre as 3.5GBP/per hour(Sutherland, 2020).

This revelation ultimately led to temporary delisting of all brands owned by Boohoo, by partners like Next and Asos. As a consequence, the Boohoo group has launched “an immediate and independent” review of its supply chains across the UK as well as taken the pledge to spend 10 Million GBP in order to wipe out malpractice (Sutherland, 2020).

Shein

The brand Shein, tops charts across the world as one of the most downloaded shopping apps. It even beat Amazon’s record in May this year. Loved across the world, Shein, finding most of its consumer base in young girls and millennial women, has been facing flak off late for not making “full public disclosures about working conditions in its supply chains”, which is a legal requirement in the United Kingdom(Shein is Falling Short of Modern Slavery Reporting Rules, According to New Report | The Fashion Law, 2021).

What is worse is the fact that the company falsely states on its website that the conditions its factories house, “have been certified by international labor standards bodies”, as per Reuters’ findings. In fact, “Shein has a “social responsibility” page which claims that it never, ever engages in child or forced labor”, but at the same time does not give out information about its supply chains, that is required as per the country’s Modern Slavery Act of 2015. In the context of blatant violations on the part of Shein, the proverb that comes to mind is,-actions speak louder than words! (Waldersee, 2021)

 

 

References:

Breen, K., 2020. CLEANING UP FAST FASHION. RSA Journal, [online] 166(2), p.34. Available at: <https://www.jstor.org/stable/10.2307/27008580> [Accessed 30 August 2021].

Goodman, P., Wang, V. and Paton, E., 2021. Global Brands Find It Hard to Untangle Themselves From Xinjiang Cotton. [online] Nytimes.com. Available at: <https://www.nytimes.com/2021/04/06/business/xinjiang-china-cotton-brands.html> [Accessed 30 August 2021].

Russell, M., 2018. Modern slavery uncovered in India’s garment sector – Just Style. [online] Just Style. Available at: <https://www.just-style.com/news/modern-slavery-uncovered-in-indias-garment-sector> [Accessed 30 August 2021].

Stanton, A., 2021. What Is Fast Fashion, Anyway?. [online] The Good Trade. Available at: <https://www.thegoodtrade.com/features/what-is-fast-fashion> [Accessed 30 August 2021].

Sutherland, E., 2021. Analysis: Why can’t fashion wash out the dark stain of modern slavery?. [online] Drapers. Available at: <https://www.drapersonline.com/insight/analysis/analysis-why-cant-fashion-wash-out-the-dark-stain-of-modern-slavery> [Accessed 30 August 2021].

The Fashion Law. 2021. Shein is Falling Short of Modern Slavery Reporting Rules, According to New Report | The Fashion Law. [online] Available at: <https://www.thefashionlaw.com/shein-is-falling-short-of-modern-slavery-reporting-rules-according-to-new-report/> [Accessed 7 September 2021].

Waldersee, V., 2021. EXCLUSIVE Chinese retailer Shein lacks disclosures, made false statements about factories. [online] Reuters. Available at: <https://www.reuters.com/business/retail-consumer/exclusive-chinese-retailer-shein-lacks-disclosures-made-false-statements-about-2021-08-06/> [Accessed 7 September 2021].

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