Poonia, who is Programme Manager (Legal Education and Aid Cell Coordination) at the Labour Line office, informed the Inclusive Media for Change team during its visit on 2 May this year that around Rupees 3 crore was recovered as compensation due to settlement of labour dispute-related cases in the same time-span.
The data on legal service provided by Santosh Poonia shows that from 2009 to March 2016, the number of cases registered at various Shramik Sahayata evam Sandarbh Kendras and Labour Line altogether was 7,216, out of which 3,312 cases could be settled. Around Rupees 5.5 crore was recovered after closure of cases.
The year-wise break-up of call-received data shows that the Labour Line’s popularity has increased among the workers since its inception. From the table 1, it could be seen that the number of unique calls received by the Labour Line call centre has increased over the years.
Table 1: Number of unique calls received at Labour Line office, Udaipur
In December 2015, the Labour Line run by Aajeevika Bureau was recognized by the Labour Department of Government of Rajasthan. The state has, thus, become the first one in India to host a helpline number for addressing the issues of informal workers.
The toll-free number 1800-1800-999 has replaced the erstwhile paid landline number 0294-245011. The inception of the toll-free number has boosted the number of calls made by grieving labourers because it is completely free of cost. On top of that, the Labour Department of Rajasthan has popularised the toll-free number through various campaigns, said Poonia.
The staff at the call centre expected the number of unique calls received to jump to 1,000 per month from the existing 200 calls per month.
At the Labour Line office the IM4Change team learnt that sometimes calls were made by a single individual on behalf of an entire group of workers.
Migration and livelihood
Migration signifies distress as well as opportunity, explained Rajiv Khandelwal to the Inclusive Media for Change team when the latter visited the head office of Aajeevika Bureau (http://www.censusindia.gov.in/2011census/dchb/0832_PART_B_DCHB%20_0832_UDAIPUR.pdf) at Udaipur city on 29 April, 2016.
Khandelwal started the NGO almost a decade back along with some of his acquaintances. Prior to forming the NGO, he and Sudhir Katiyar prepared a background paper on livelihoods for the Rajasthan Human Development Report 2002 (among other things).
According to Amrita Sharma, who is Programme Manager at the Centre for Migration and Labour Solutions in Aajeevika Bureau, due to several compelling factors such as abject poverty, lack of education and skills, dearth of employment opportunities in nearby areas, shrinking availability of natural resources, unproductive and subsistence agriculture etc., short-term migration of semi-skilled and unskilled workers from southern Rajasthan to nearby states is quite high.
Aajeevika Bureau works among migrant workers and their left behind families in the 5 districts of southern Rajasthan, namely Udaipur, Rajsamand, Dungarpur, Banswara and Sirohi. It works through a network of field-based Shramik Sahayata evam Sandarbh Kendras spread across these districts.
While seasonal/ circular migration to cities/ towns of neighbouring states helps one in securing livelihood and earn better wages, often such workers face ill-treatment at the hands of middle-persons/ labour contractors as well as government officials, said Sharma in her presentation to the IM4Change team. The tribal workers who migrate are vulnerable, so much so that they are not paid compensation when they meet accidents at work site.
Although a tribal worker enters the workforce in his teens, due to the hazardous nature of work, the overall economic life of such a person is short. Research work done by Aajeevika Bureau pertaining to economic life-cycle shows that a worker becomes a secondary earner in the family during the age 14-20 years. Between the age 21 and 30 years, he works as a primary wage earner for the family. After falling in the age-bracket 30-40 years, the health of most migrant workers start to deteriorate. Between the age 35 and 40 years, there is a high chance for workers to attain poverty due to declining earning capacity.
Vulnerability of tribal migrant workers
When the Inclusive Media for Change team visited the Aajeevika Bureau’s branch offices in Salumbar and Gogunda tehsils of Udaipur during 29 April-2 May, 2016, it was revealed that migration of semi-skilled and unskilled labourers from scheduled tribe community is quite high.
It needs to be mentioned that as per the Census 2011, the proportion of Scheduled Caste and Scheduled Tribe population in Udaipur district has been 6.1 percent and 49.7 percent, respectively, whereas the same for Rajasthan has been 17.8and13.5, respectively.
During the field visit, it was found that the contractual nature of work poses risk to the workers who are hired by labour contractors. Often such work contracts are oral in nature and migrant workers do not enjoy any kind of social security. Such workers from tribal community are particularly vulnerable because majority of them do not possess identity cards to show to someone when asked for at the destination sites/ cities. Due to their innocence and lack of education, they are not informed by the labour contractors (when they leave home) about the address of the destination where they would be taken to. Due to similar reasons, workers do not converse explicitly with the contractors/ middle-persons about the terms and conditions involved in the job contract. Migrant workers do not carry attendance diaries so as to get them duly filled and signed by the contractors. Majority of them are unaware about the importance of attendance diaries as proof of work done by them. Tribal workers are also unaware about the importance of wearing safety gears like helmet, belt, gloves, mask etc. at work site.
It is quite common that despite being promised a certain daily wage rate, which is to be paid entirely (in bulk) at the time when a worker returns home (from the destination), the wage bill fund lying with the labour contractor/ middle-person is usurped. The labour contractor simply refuses to pay the sum of money, which he earlier promised. Even the cost of transporting the labourers from the source to the destination cities is deducted from the wage bill.
The IM4Change team came to know during the field visit in Salumbar and Gogunda tehsils that when labourers did not receive their rightful earnings in a city which was far away from their villages, sometimes they were compelled to sell their possessions, of whatever little worth, like mobile phone, necklace or wrist watch so as to purchase return tickets and get back home. Some even came back by just walking hundreds of kilometres because they had no other option left.
It is during such distress times when labour rights were violated that a poor worker approaches Aajeevika Bureau for justice and intervention.
Kamlesh Sharma, who is Programme Manager (Regional Coordination) at Shramik Sahayata evam Sandarbh Kendra in Salumbar, informed the IM4Change team that the NGO has in its staff legal experts and trained professionals with degree in Master of Social Work (MSW) for dealing with dispute settlement issues. Paralegal workers operate at the grassroots-level for workers’ education and counselling.
Sharma estimated that 60 percent of disputes related to payment or release of funds could be solved due to Aajeevika Bureau’s mediation since 2007. Based on his experience at the Bureau, hesaid that sometimes labour contractors did not receive funds (say for some public/ government sponsored work) on time due to which wage payments to the workers got delayed. The NGO has provided legal help for such cases too.
Since there exists pendency of cases in the Indian courts, Aajeevika Bureau has solved most complaints through mediation and out-of-court settlements. Once a victim approaches the NGO, a case file is opened so as to track its development over time. The Bureau then through its legal and paralegal staff gets in touch with the alleged offender who is involved in labour rights violation and presents the case before him/ her. It takes a whole lot of time and patience to pursue someone who is a wrongdoer. Sometimes, the intervention of higher-ups in the police force or administration is also sought for early resolution of dispute-related cases. The victim is provided help by the NGO to write complaint-related applications, addressed to higher authorities. Apart from legal help and counselling, a victim is also offered moral support by the NGO.
In the absence of attendance diaries and formal or written job contract, it becomes difficult for a worker to prove that he worked for someone. However, in such cases, evidence is provided by other workers who were hired by the same employer.
Often the destination of migrant labourers are the states of Gujarat, Maharashtra and Karnataka.
Migrant workers are also exposed to the risk of HIV/AIDS. Accessibility of health facilities is inadequate among the poor workers and their families both at the source and destination of migration.
Identity cards issued by Aajeevika Bureau
Since majority of the migrant labourers do not possess identity cards, they are unable to access various social welfare schemes provided by the government at destination sites/ cities. In the absence of identity cards, they face police harassment. Aajeevika Bureau in Rajasthan has been issuing informal identity cards to such workers since a decade. For getting identity cards, one needs to fill out a simple form that captures demographic information including the duration of migration cycle and his/ her destination, trade and income.
The details provided by the workers in the filled form is then verified by the Sarpanch — the elected head of their panchayat (at the source site of migration). Theidentity cardissued contains relevant information, including domicile, trade, education and contact details of migrant workers.
Registration form for informal identity cards issued by Aajeevika Bureau
Aajeevika Bureau started the registration and identity service for migrant workers in 2005. In 2007 the identity cards issued by the NGO was recognised as a valid proof of identity by the Department of Labour in Rajasthan, says the report entitled Social Inclusion of Internal Migrants in India (2013). Due to authorisation by the state government, the card has become a credible proof of identity among employers, police and local administration. The identity card issued by Aajeevika Bureau can now be used to access numerous services such as employer verification, opening of bank accounts and enrolment for social security services.
References:
District Census Handbook Udaipur, Series-09, Part XII-B, Village and Town-wise Primary Census Abstract (PCA), Directorate of Census Operations Rajasthan, 2011, Census of India, please click here to access
District Report Card Udaipur, PAHELI-2011, GoI and United Nations, please click here to access
Udaipur District Human Development Report 2009-10, Government of Rajasthan, please click here to access
Human Development Report Rajasthan 2008, please click here to access
Rajasthan Human Development Report 2002, please click here to access
Social Inclusion of Internal Migrants in India (2013), UNESCO/ UNICEF, please click here to access
No protection for migrants in new labour laws, Newsalert from Inclusive Media for Change, please click here to access