Uttar Pradesh government’s decision to suspend
all labour laws, except three, for three years has come as a shocker. The
stated intent is to improve ease of doing business, at a time when the whole
nation would like to see migrant labour being enabled to find work in their
home states.
However,
a measure like increasing shifts from eight to 12 hours defies all logic and
norms of a welfare state. Moreover, it will lead to an increase in forced and
bonded labour, believes Lenin Raghuvanshi, Dalit rights activist and one of the
founding members of People’s Vigilance Committee on Human Rights (PVCHR).
While
the UP government has left out the Bonded Labour System (Abolition) Act, 1976
from its hatchet job, this law may find itself toothless now that the Minimum
Wages Act has been nullified. In fact, other states like Madhya Pradesh,
Gujarat and Odisha have also suspended a few laws, but none have excised
workers’ rights with such surgical precision as the UP government.
What
it has retained, along with the Act against bonded labour, is the Building and
Other Construction Workers Act, 1996; Workmen Compensation Act, 1923; and
Section 5 of the Payment of Wages Act, 1936 (the right to receive timely
wages). It has also said that the provisions related to children and women in
the labour laws would continue.
But
other labour laws now remain defunct. This is cause for worry, Raghuvanshi
says. “We need to become stricter on implementations on post labour activities,
bonded labour and laws related to women and children. If you (the government)
want to sustain capitalism you have to strengthen the welfare system. We need
to create shares for the rich but also share it with the labourers otherwise it
will not sustain. Instead, it will create conflict.”
He
believes the current movement of migrants back to their home due to lockdown
leaving them jobless, creates an opportunity for the country. The countrywide
lockdown imposed since 25 March has had an unexpected fallout, with lakhs of
migrant labourers trudging hundreds of kilometres homeward. A journey which is
sometimes their last, with some dying at almost the end of their arduous trek
or being killed in accidents on the road or by a train as they slept – as seen
in Maharashtra’s Aurangabad where 16 migrant workers died after being mowed
down by a freight train.
The
human tragedy taking place now, could have sensitised governments to work for
the benefit of those labourers who have returned, Raghuvanshi believes, with
home states creating self-reliance. “They must have smart de-centralised
systems and integrate Gandhian ideas of a republic and those of social
democracy of BR Ambedkar. But now you are removing these laws, and benefits of
the workers. We should have flexibility but that doesn’t mean escaping from the
labour laws.”
“One
of the links to bonded labour whose law the UP government has removed is the
minimum wages, and the maximum working hours. This will only create more
incidents. India will not be going forward but in fact regressing to a feudal
structure. With this it’s very hard to succeed in a global economy. These are
big contradictions (of policies).”
Patriot
also spoke with Narasingha Mishra, MLA from Balangir in Odisha, which happens
to be one of the biggest source states of bonded labourer. Besides, Balangir is
one of the poorest districts of the state. He pointed to the failure of not
just UP but also Madhya Pradesh governments to protect their rights by
curtailing labour laws. “You see, wherever there is a BJP government, they are
interested for the haves and not the have-nots; for the rich and not for the
poor”.
While
Madhya Pradesh has not gone all out to scrap its labour laws, it has amended
the Industrial Disputes Act, 1947. This includes basic health and safety
facilities, allowing working hours to be extended to 12 hours instead of eight
and weekly hours up to 72 hours, while also barring the raising of complaints
and disputes under the Industrial Disputes Act.
Furthermore,
many provisions of Industrial Disputes Act, 2000, in MP have been disabled for
new industries that will be set up in the next 1,000 days. MP chief minister
Shivaraj Singh Chouhan defended the state government’s decision to amend its
labour laws saying, “Industrial reforms were long-awaited. We plan to increase
job opportunities for the people by wooing investors to the state. MP is
blessed with ample resources such as water, land, forests and skilled youth
power. This is the right time to amend the rules as per new requirements and to
simplify them to attract industries that are willing to shift from other
places”.
MLA
Mishra has a problem with just that. “This is done with the intention of
attracting foreign investment, and those companies that want to now leave China
(in the wake of Covid-19). The initial reaction of those companies who want to
leave China is not to come to India but make their way to Vietnam. So probably
they want to impress the corporations that we will give you labourers who can
be kicked out at any time you desire. Outsourcing of employment is prevalent
from Odisha in terms of labour. When people don’t earn anything and depend on
someone’s mercy, wherever they feel there’s a possibility of earning they will
go.”
And
while even with existing labour laws there was abuse of labour and the
employer’s power, he wonders how the daily wagers will now be protected. In his
words, “The condition is going to be disastrous”.
While
we will get to know much later about the consequences of removing critical
labour laws by states like UP, Raghuvanshi points to instances currently taking
place which show that labourers are already being subjected to labour
violations due to these changes.
Shruti
Nagvanshi, founding member and managing trustee of PVCHR, also told us that at
least three labourers she had spoken to in Baghpat, UP were stuck in abusive
conditions. “Their work in the agriculture field finished on 10th May but they
are being made to work extra hours without any payment. They asked for
our help, to be brought back home to eastern UP. We are making efforts through
calling the toll-free numbers of the government and trying to speak to them. We
also spoke with the MLA of Baghpat (Yogesh Dhama) personally for help in
transporting them. But it will take time.”
She
also informed us about another situation in Mehdiganj, Varanasi where workers
in a Coca Cola factory have had erratic days of work in the past few months,
leaving them with little income to bank upon.
Ajay,
33, works as a packer and loader at the Coca Cola plant in Mehdiganj, which was
in December 2019 divested by Hindustan Coca-Cola Beverages Pvt Ltd (HCCB) to
Ladhani Group entity, SLMG Beverages.
He
says he has been working at the factory for the last six years. “Before SLMG
Beverages took over, we used to get paid Rs 329 per day for working eight
hours. When this group came, they cut our salary and since February we have
received Rs 287 for a day’s work. But since the lockdown, we have not received
anything for the month of April.”
Ajay
says his family of six, consisting of his wife, parents and three young
brothers, all depend on his wages. In the hard times since the lockdown, his
mother’s ration card has provided the bare minimum to sustain them. “The
factory has been making us work for a few days and paying us for that day’s
work. In April, I got work for only three days, so they have paid me for only
those three. Likewise, there are several others in my village who have gone a
few times.”
According
to him, 300 persons work at the factory in different roles of packers, loaders
and housekeepers. The factory has appointed one person in their village who is
informed about how much labour is required. “But this much work is not enough.
How will we live on a pay of 2-3 days?”
Now
with all laws diluted, can companies like this be held accountable for keeping
their labour out of work for days on end, and not compensating them? Therein
lies the tragedy of workers in India’s backward states.
(Cover
Image: HOMEWARD BOUND: Thousands of migrant labourers returned to their home
state UP, where labour laws have now been scrapped // PHOTO: GETTY
IMAGES)
