Bhubaneswar

Implement laws, anti-poor schemes effectively

MANAS JENA

The number of migrant workers has been consistently increasing in Odisha in recent years. In December 2013, the hands of two migrant labourers Jialu Nial and Dhangada Majhi were chopped in Kalahandi while recently, Bibek Chinda of Boudh district died of severe burns at Balangir hospital.

The issue of distress migration and plight of migrant workers has been a matter of concern. The Central Government, the Supreme Court and the International labour Organisation (IlO) have often expressed worry over the matter. Distress migration is not limited to south–western part of Odisha, rather these days it has covered almost all parts.

Scope of dignified employment within the State though is being expanded by the Government by implementing several schemes. labour Minister Prafulla Mallick told the Assembly that more than 3,000 labour contractors have got licence to send labourers to outside Odisha as more and more labourers are migrating to outside States in search of employment.In the absence of reliable data from Government source, it is privately estimated that around 25 lakh migrant workers are employed outside Odisha, predominantly in Gujarat, Tamilnadu, Karnataka, Kerala, Maharashtra, Goa, Delhi, Uttar Pradesh, Kolkata, Chhattisgarh, Assam and Andhra Pradesh.

Sudarsan Chhotaray, convener, National Coalition of Migrant labourers (NCMl) said Ganjam is heading the list with six lakh migrant workers. It is further estimated that each year around four lakh workers are seasonally migrating to other States for work in most hazardous condition and the labour Department has not been maintaining any data base of such workers.

All India Central Council of Trade Unions (AICCTU) State secretary Mahendra Parida said the plight of migrant workers in brick kilns has been a matter of grave concern for the Ministry of labour and the IlO besides for the Governments of Odisha and Andhra Pradesh. As part of initiative to ameliorate the condition of migrant workers in brick kilns, the labour department has engaged executive officers in eleven districts at panchayat level to identify the migrant workers.

A division bench of Supreme Court has taken suo motu cognizance of media report and intervened in the case of December 2013 by issuing so — cause to the Governments of Odisha and AP. The Supreme Court has expressed dissatisfaction over the action taken by Government of Odisha in the issue. The National Human Rights Commission (NHRC) has issued directions to Government of Odisha and the district Collectors in States of AP, Karnataka and Tamilnadu on the issue of proper rehabilitation of migrant labourers.

It has been complained by activists that the labour legislations like The Inter-State migrant Workmen Regulation of Employment and Condition of Services Act, 1979, The National Rural Employment Guaranty Act, 2005, The Unorganized Workers Social Security Act, 2007 and Rules, 2010, which are primarily related to migrant workers, are not being effectively implemented by concerned departments.

Added to this, there have been structural issues such as caste and untouchability practices, poverty, landlessness, illiteracy and lack of access to credit restricting the local employment opportunities of the marginalised communities. The State investment in primary sector and rural infrastructure development has not been integrated to the issues of rural employment. The Government programmes for employment generation fail to reach to the job card holders in need of work due to ineffective and non — committed local bureaucracy under the hegemonic control of the local vested interest groups associated with ruling parties.

Mostly rural workers are unorganised and untouched by central trade unions for political mobilisation to increase the bargaining power of the workers. The recent trend shows a growing concern by rights based independent trade unions without political affiliation for the cause of the unorganised sector workers.A number of studies have revealed that the majority of the migrant workers mostly belong to Dalit, Adibasi and backward class communities from relatively backward regions. They are historically marginalised, assetless, illiterate and seasonally employed in the primary sector, agriculture, forest and fishing related works.

The primary sector is in feudal mode of production. With all forms of insecurity, the rural producers are always struggling for remunerative price for their products. In distress, they are mobilised by local contractors, money lenders and labour agents to mortgage their job cards so that official records can be managed because whatever work executed in rural area under NREGS is mostly done by the machine in the name of labour. The minimum wage provided under Government programmes such as NREGS is very less in comparison to the wage available for other work in the locality.

The minimum wage rate in Odisha is lowest in the country with unequal rate for men and women. The Comptroller and Auditor General (CAG) in its report on performance audit on NREGS has expressed concern over the poor implementation in the State. It is observed that from 2005 to 2014 the man-days generated under NREGS and the flow of fund have marginally increased where as consistently the number of migrant workers has increased.

The activists working on migrant labour issues have strongly established correlation between NREGS work and the issue of distress migration and concluded that the failure of NREGS in the State is facilitating migration of labourers to outside.Biswajit Mishra, activist, with the Odisha Sramajibi Manch(OSM), a State level platform of unorganised sector workers in ten districts, recently staged a three-day dharana in front of the Governor House in Bhubaneswar demanding pending wage of workers under NREGS along with food security for rural workers. ‘

He alleged that a huge none spending of NREGS funds as well as delay in releasing the funds at different levels not only affect the development work in the village but also employment. He argued that the living condition of workers is very poor and the nutritional level of workers in rural area has gone down in the absence of proper diet, so the Government should increase the quota of rice from 25 kg to 35 kg per family and dal, sugar and salt should provided in subsidised price through PDS and must be procured from the locality. The Manch also said that social security for rural workers such as old age pension, health, housing and other benefits to the rural workers have been neglected in the State.

Rakshyakar Anupama, secretary, Pragatisila Sramika Manch(PSM), Jharasuguda , with a membership of around forty thousand workers, in a Press conference at Bhubaneswar  demanded issue of identity card to all rural workers  and condemned the district labour officer’s negligence in timely issue of cards to the labourers. The organisation observed that the State Government is not properly implementing TheBuilding and other Construction Workers (Regulation of employment and condition of services) Act, 1996 and Rules, 2002 and the Building and Other Construction Workers Welfare and Cess Act, 1996 and Rules, 2002.

As step towards regulating the migrant workers it is suggested that there should be rise in minimum wage for rural unskilled labourers with equal wage for both men and women. It has been the demand of many trade unions that the minimum wage should be Rs 500. The Government should provide land to agricultural workers for self employment along with social security. The labour, Panchayati Raj, Home and Revenue departments should work together for implementing protective legislation and development programmes.

(The writer is a rights activist who can be contacted at ojaabbsr@gmail.com)