‘United We Stand’

A Working Women’s Meet

To share their woes and experiences, to inspire and get inspired, around 2,000 working women from all corners of the country gathered at the Ramlila Maidan, Delhi on 17 November 2004 for a mass convention putting forward 14 important demands. Some major demands raised in the convention were equal wages and equal opportunities for work, maternity benefits, creches, legislation against sexual harassment, an end to amending laws lifting ban on night work, ratifying the ILO Convention on Home-based Workers and enacting a law for them. The participants were representatives of both the organised and unorganised sectors - the bangle maker, domestic worker, home-based worker, teachers, bank workers and government employees - and a lot many, under one banner and with one voice.

“We term this Convention as unique because it is for the first time in the last many years such a massive get-together of working women has taken place in India,” said K Hemalatha, Secretary, CITU. “We have collected two lakh signatures in a memorandum to be submitted to the Prime Minister,” she added.

In India, 96 per cent of the women workers are engaged in the unorganised sector and majority of them have no job security. The minimum wage is very low and even that remains only on the paper. A few legislations enacted to benefit women workers, like the Equal Remuneration Act, Maternity Benefit Act and some provisions in the Factories Act, are implemented only in contravention. Millions of women workers, particularly those in the agriculture and construction sectors are not paid the wages that are paid to their male counterparts. Jobs are segregated in such a manner that women are engaged mostly in unskilled and low paid jobs. To put an end to the situation, the participants unanimously demanded legislations for unorganised sector workers and agricultural workers.

The Convention, organised by the Centre of Indian Trade Unions (CITU), focussed on the plight of the women workers and unanimously aired their demands. They demanded that discrimination against women in training, promotion, deployment and retirement in both public and private sectors be immediately stopped. Strict implementation of eight-hour working day for all women workers, including those in the EPZs and in the unorganised sector, was stressed. Overtime wages should be paid whenever they are asked to work for longer hours.

Women in the unorganised sector do not get any maternity benefits. Many a times, women working under the salaried structure in the private sector are denied of these benefits. The workers who participated in the Convention emphasised the need for maternity benefits and demanded that maternity benefits should be provided for all women workers, including those in the unorganised and agricultural sectors. This should cover miscarriages also. They also demanded that creches should be provided near their places of work and the women workers given time to feed their babies.

Another demand was legislation against sexual harassment at the workplace and until it was enacted, the Supreme Court’s judgment on sexual harassment, including formation of complaints committees should be ensured. It was also emphasised that no amendment in the laws lifting the ban on night work should be done. Ensuring women worker’s safety and protection along with provision of proper transportation facilities wherever they are required to work in night shifts like in hospitals, telecom, and fisheries was also underlined. The thousands of women workers who attended the Convention later marched to Parliament to hold a massive rally. The Convention was preceded by a four-month campaign during which thousands of signatures were collected and group meetings, gate meetings, distribution of leaflets and local and district level conventions in many states were held.



‘Right to Work’ Guaranteed?

On 21 December 2004, the National Rural Employment Guarantee Bill, 2004, the widely publicised agenda of the United Progressive Alliance government was tabled in Parliament. The Bill, according to Union Rural Development Minister Raghuvansh Prasad Singh, would go a long way in benefiting poor families in rural areas. The Bill promises a minimum of 100 days of employment to every poor household whose adult members volunteer to do unskilled manual work.

Parallel to the Parliament session, at the Parliament Street, thousands of people gathered to protest against the shortfalls in the Bill and demanded a full-fledged Employment Guarantee Act. The people and banners came from all over the country, with more than a lakh signature over the banners demanding an effective employment guarantee.

As the Bill was tabled in Parliament, speaker after speaker in Parliament Street denounced it as a travesty of the original scheme. The initial draft was diluted to the extent of being fundamentally at odds with the basic principles of an employment guarantee, aside from violating the promises made in the Common Minimum Programme, they said.

Many speakers welcomed the Act but pointed out at its drawbacks. “We welcome the tabling of the Bill, because it extremely important that the question of employment guarantee is given a legal frame work,” said Suneet Chopra of All India Agricultural Workers Union. “But there are major lacunae because it limits to a target population where as more than 80 crore people in India live below the poverty line.”

According to Swami Agnivesh of Bandhua Mukti Morcha, “It is a very important step taken by the government in the 57 years of independent India for the poorest of the poor. There are many things, which have been left out, and could be added later. First and foremost thing is passing the Bill,” he said. “This will help us organise the unorganised because it is for the first time they are getting an employment guarantee.”

The participants were from more than 100 different organisations committed to the right to work, which came together under the banner of the People’s Action for the Employment Guarantee Act. Some of the major flaws in the Bill pointed out were:

The “employment guarantee schemes” to be created under the Act are targeted at “poor households” (read BPL households). This is contrary to the fundamental principle of universal entitlement and self-selection – all the more so as the BPL list is highly unreliable.
The Act is to come into force “in such areas and for such periods” as may be notified by the Central Government. This makes it possible for the government to “switch off” the employment guarantee at any time.
There is no provision in NREGB 2004 for time-bound extension to the whole of rural India.
The NREGB 2004 does not guarantee payment of statutory minimum wages. It empowers the Central Government to notify different wages in different areas, for the purpose of the employment guarantee schemes created under the Act.
The other main speakers included, Sehba Farooqi (National Federation of Indian Women), Jayati Ghosh (Jawaharlal Nehru University), Madhuri Krishnaswamy (Jagrit Adivasi Dalit Sangathan), Surendra Mohan (veteran socialist), Hanan Mollah (Member of Parliament), Kuldip Nayyar (eminent journalist), Pramila Pandey (All India Democratic Women’s Association), Vinod Raina (Bharat Gyan Vigyan Samiti), Aruna Roy (Mazdoor Kisan Shakti Sangathan), among others.

Waiting for Mercy: Roadworkers Denied Justice Even After High Court Order

Road workers in the southern Indian state of Tamil Nadu demonstrated in several cities on 25 November demanding the reinstatement of 9,914 colleagues terminated by the state government. In Madurai, thousands protested in the streets, carrying placards and shouting slogans against the government, and later attended a rally. The sacked road workers, supported by family members, held a dawn-to-dusk fast in Chennai.

Around 350 workers held a candlelight march and then picketed in the front of the municipal office in Dindigul, while 150 workers demonstrated in Virudhunagar. The Tamil Nadu Highways Road Employees Association and Tamil Nadu Road Gang Mazdoors Union were demanding that the state government act on a High Court verdict ordering reinstatement.

About 10,000 road workers, who were appointed by the State Highways Department in 1997 for road maintenance, were literally thrown on the street en masse by an executive order of the Tamil Nadu government in 2002. These workers thus became the first victims of the Jayalalithaa government’s persistent pursuit of the privatisation policy. Through a government order [G.O.Ms.No.160 (Highways) dated 5 September 2002], the government totally abolished the post of ‘gang mazdoor’ leading to loss of jobs for thousands of workers. The workers were given justice by the Madras High Court when its Division Bench gave a landmark judgment on 8 September 2004 ordering the state government to reinstate all the workers within three months with back wages and continuity of service. This judgment overturned the State Administrative Tribunal’s order of 16 April 2003, which without apathy upheld the abolition of posts and directed the state government only to pay a sum equivalent to six months wages to each ‘gang mazdoor.’

Even after the Madras High Court ordered their reinstatement along with an interim relief of six months’ salary, their battle to get back the jobs is not over since the government has approached the Supreme Court. It was in this context that the workers and their family members decided to take out a march and observe fast. They now hope the government will open its eyes to the plight of the suffering workers.

Benefit for Port Workers

The proposed nationwide strike by the port and dock workers from 16 December 2004 was called off following a settlement before the Chief Labour Commissioner in New Delhi. According to the settlement on 10 December, the port workers will get 15.5 per cent as Productivity Linked Reward (bonus).

The port and dock workers’ unions signed the settlement following the intervention of the Union Minister for Shipping, Road Transport and Highways. As per the settlement, the Indian Ports Association, on behalf of 11 major Port Trusts and Dock Labour Boards, will pay 15.5 per cent by way of Productivity Linked Reward for the financial years 2002-03 and 2003-04 to all workers/employees at ports.

Prior to this nationwide strike call, five federations of port workers’ unions in Visakhapatnam, Andhra Pradesh had met the Minister for Shipping on 1 November 2004 demanding 20 per cent Productivity Linked Bonus. After the negotiations failed, they had announced that the port and dock workers would go on a nationwide strike after 8 December.

Heroic Battle of Construction Workers

The four-month-long struggle of the construction workers in Jammu Kashmir came to a successful end on 16 December 2004 when the HCC management agreed for a settlement with the USB Rail Project Workers’ Union in the presence of the Assistant Labour Commissioner (Central). The settlement envisaged introduction of Project Allowance at the rate of Rs 500 per month for all construction workers, medical allowance equivalent to 25 days’ of wages per year, timely supply of uniforms to all workers and reinstatement of almost all terminated workers. It was also agreed that other demands of the workers would be examined and finalised shortly.

The construction workers of the Udhampur-Srinagar-Barmullah Railway project were on strike since 2 August 2004 demanding payment of proper wages, social security benefits and proper safety arrangements as per the law of the land. They were deployed in construction of railway track, including tunnels and bridges in the hilly region spreading from Udhampur to Baramullah in the state. The project was under IRCON (Indian Railways Construction Company) and the construction work was assigned to HCC.

The USB union affiliated to CITU had submitted its charter of demands to the contractor in February 2004. In March, the HCC management accepted all the demands in the presence of the labour department, but never implemented it. In spite of repeated requests, the management was not ready to implement the demands, which made the workers en masse decide to go on an indefinite strike from 2 August 2004.

The HCC resorted to several tactics to break the strike. They first sought the help of both the police and military to suppress the striking workers. On 10 September 2004, a peaceful dharna of the workers was forcefully suppressed by opening fire followed by brutal lathicharge. The very same day, Mohammed Hanif, one of the 30 workers who were injured in the firing died. Unable to bear the atrocities the workers took shelter in a nearby jungle in the midst of a severe winter. The villagers who protected the workers by providing them with food and shelter were also not spared. The entire project area at Banihal was converted into a ‘concentration camp’ to break the strike and compel the struggling workers to surrender.

The people of Jammu and Kashmir extended wholehearted support to the striking workers. On 11 September, a total bandh was observed in Banihal. More than 8,000 workers in two hydel projects – Dul Hasti and Baghliar – joined the strike. The Jammu-Srinagar highway was blocked by a huge demonstration by workers and local people. Many MPs visited the striking workers and gave solidarity support. They even met the Defence Minister and state Chief Minister to seek withdrawal of the military, stop police atrocities and pressurise the labour department to settle the problems of the workers.

The attempts of the well wishers and the determined will power of the striking workers made the management heed to the demands of the workers. The HCC agreed for a settlement and promised that other demands of the workers would be examined and finalised shortly. The heroic and successful strike was called off later.

Brick Kiln Workers Protest

Demanding immediate withdrawal of notification on usage of fly ash generated by Thermal Power Plants in brick kilns and compensation/relief to the workers of closed brick kilns, thousands of workers from Haryana, Punjab, Rajasthan and Uttar Pradesh held a massive demonstration before Parliament on 13 December 2004.

In the year 1999, in response to a public interest litigation (PIL), the Delhi High Court had passed an order making it mandatory for brick kilns (located within the radius of 50 km of thermal power plants) to use 25 per cent fly ash in the production of bricks, purportedly to prevent environmental pollution. The Environment Ministry had issued a Gazette notification to that effect. In August 2004, in response to another PIL, the Delhi High Court reiterated the same making it mandatory for all the brick kilns located within the radius of 100 km to use fly ash. At the instance of the Union Ministry of Environment, all the state governments have issued notifications to this effect.

This in effect makes it mandatory for around 75 per cent of the brick kilns in the country to use fly ash in brick production. Many state governments are refusing to issue ‘No Objection Certificates’ to the owners to operate brick kilns, unless they use the fly ash generated by the thermal power plants. The brick kiln owners, reluctant to use fly ash generated by thermal power plants, have closed down their units making lakhs of workers jobless.

It seems the Environment Ministry and Delhi High Court wanted to prevent pollution created by fly ash from thermal power plants. But they never looked into the fact that the burden of the entire pollution control exercise has been thrust on the brick kilns, which are no way responsible for the fly ash generation. They did not also realise the fact that usage of fly ash in an all-open workplace like brick kilns cannot contain the pollution, rather it will create severe health hazards for the brick kiln workers and their families normally residing in jhuggis around the brick kilns. In Rajasthan, brick kiln workers have already been reported of suffering from the illeffects of fly ash.

The workers union had suggested that the fly ash pollution can best be addressed at source itself by the thermal power plants through setting up byproduct plants for making bricks by fly ash through mechanised process. Most of the thermal power plants in the country are financially well-placed to take up this obligatory responsibility. Secondly, fly ash can be safely disposed through their usage in cement factories operating in walled premises.

The procession of the brick kiln workers from Jantar Mantar towards Parliament was blocked at the nearby Patel Chowk where it converged into a rally. The workers who participated in the rally urged the Prime Minister to intervene to ensure withdrawal of the notification, reopening of the closed units and to strictly enforce labour laws in the brick kilns.