1 The Missing 3 in Bollywood Safety Security Shelter by Opender Chanana ____dedicated to_______ those thousands of workers & technicians who slog for long uninterrupted hours under stressful conditions. They are the backbone of the cinema and television industry and equal partners in its exponential growth. They deserve to have access to social security system and highest attainable standards of health. 2 Acknowledgement Madhusudan Justice R.J. Kochar (Former Judge, Bombay High Court) AIFEC FWICE All affiliated associations Christopher Ng Johannes Studinger Hannah Harvima Milind Nadkarni Tanmay Aggarwal Sanjay C Wazarkar Cover Page Designed by Dilip More Copyright & published by © UNI Global Union 8-10 Av. Reverdil 1260 NYON Switzerland The contents of this book are copyrighted. No part of this publication may be reproduced in any form without the written permission of the publisher. Complimentary copy is available with author on request. Contact/write to:- [email protected] Printed and bound at ISBN 3 CONTENTS Prologue Preface A Long Trek Chapter One SAFETY 1. On Sets & Locations 2. Safety Take 3. Safety Contracts 4. Insurance 5. What is work related stress 6. Safety Code 7. Central Legislation 8. The Confederation 9. Working Hours-European Profile 10. Central Legislation –Unorganized Sector 11. Employees State Insurance Scheme 12. Private Initiatives-Health & Medical Chapter Two SECURITY 13. Wages of Security 14. The FIRST Agreement 15. More Issues & Concerns 16. MOU for five years 17. Federation’s Perspective 18. Another Viewpoint 19. Mandatory signing of an Agreement 20. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 21. Agreement between the Producer And Cine Workers 22. The Unorganized Workers’ Social Security Act, 2008 23. The Provident Fund 24. Important Circular 4 Chapter Three SHELTER 25. Only Lip Service-Dadasaheb Phalke Housing Society Ltd. (Proposed) 26. The only successful initiative 27. Beedi & Mine Workers- Integrated Housing Scheme Chapter Four CRAFT UNIONS 28. Conflict of Interest 29. Membership Survey 30. Profile of 22 craft associations 31. FWICE 32. AIFEC 33. UNI 34. International Solidarity 5 PROLOGUE by Justice R.J. Kochar Former Judge, Bombay High Court Indeed a unique Treatise by Mr. Opender Chanana who has revealed to the world the woeful world behind and beneath the colourful glamorous edifice of the filmy industry. What we daily see on the screen, big and now small, is like the outer façade of a Five Star Hotel. We never peep into the kitchen to know the inside uncleanliness. Mr. Chanana wants us to see the ugly inside of the glamorous world. None so far has taken us behind the beautiful scene on the screen. The author who is an integral part of the industry tells how miserably live those who create the glamorous world on the screen. He tells us how live those who create great and gigantic sets. He tells us how the family of a make-up man cannot meet the two ends of his life. He tells us with tearful eyes how the innumerable scattered, unorganized and daily wage earning labourers slog for those who sign for crores of rupees per film or per serial, to keep their body and soul together. For a large number of them there is no tomorrow. Their life is worse than the street beggars. For them there is no fundamental right of Article 21, Right to live a decent and respectable life. They live a life of drudgery. No social legislations, no breeze of social justice under our Socialist Constitution has so far touched them and their families. Their children are miles away from the Article 21A, the Right to free education! No trade union has ever thought of organizing this slogging class to show them a way of good life. This industry is governed not by any labour laws but by the law of laiss-faire and hire-fire. They did not realize their might of their work in the industry. A small screw if not properly fitted, the giant set would collapse. If a make-up on the face of stars is spoiled, their image would get spoiled. If a camera man does not adjust his camera and does not shoot from the right angle and in correct shade the whole show would be spoiled. Every artist, every star on the screen needs the services of the technicians and the skilled or unskilled workers without whom their success would be a remote dream. Let this work force know their crucial importance in the industry and let those at the higher level also realize that they would fail in their performance if those behind the screen also do not perform properly. The aroma of glamour is mixed with the sweat of toilers behind the Screen. They must, therefore, be kept happy and in humane conditions of life. They must be lifted from the life of miseries and drudgery. Without them the whole industry would 6 collapse like the edifice of the Temple if the foundational bricks are taken away from the very base of the Temple. Let the Union Government now consider to have a uniform legislation to regulate the employer-employee relationship in the Film Industry and to also to establish independent adjudication machinery to resolve the disputes. The work force in this glamorous industry has been so far most neglected section of the society. Let all the right minded and progressive and eminent personalities in the Film industry pay attention to them for their welfare, without whom the whole industry would be at standstill. Let his book, the first of its kind work as an eye-opener for all those in the industry and in the society at large. Let this work force also realize that they are governed by the Constitution which provides for Safety, Security, and Shelter for all. They are today missing. Let us find them and establish them for ever!! Let his work-force unite. They have nothing to lose. It is essential and inevitable for the industry to maintain its glamour. Without them the whole industry would be on ventilator for its life. Sd/- Mumbai (Justice R.J. Kochar) 10.3.2011 Former Judge of Bombay High Court 7 PREFACE Between affluence and penury A modern welfare state is the one that ensures that its citizens are provided Safety, Security, and Shelter. Security of service and wages; better working conditions and access to highest attainable standard of health, contributing to living a life in dignity and well-being and above all affordable housing- are the pre requisites to qualitative growth of a healthy society. While the organized sector, although it constitutes merely 7% of the total work force of about 400 million in the country is covered under various legislations for social security and other benefits, the remaining 93% in the unorganized sector which also include the entertainment industry of cinema and television remains deprived of all social and economic benefits. The spotlight and focus of the print media and now television has always been on stars. It is widely believed that the entertainment and media industry is now one of the fastest growing sectors in India. The corporate giants have acquired the same status as those of Hollywood studios. A nonprofessional will be tempted to believe that technicians should be reaping the benefits of this renaissance and laughing all the way to their banks. However, the wide chasm between affluent few and majority living in penury has to be seen to be believed. The workforce consisting of thousands of craftsmen and technicians, it seems, are not partners in the exponential growth. They have no access to any social security system. Long and uninterrupted working hours leading to fatigue, illness and in many cases hospitalization; frequent accidents on sets leading to premature death of Lightmen and stunt men-stressful working conditions are all accepted as necessary evil. After long years of struggle The Cinema and Theatre Workers (Regulation of Employment) Act 1984 was enacted. It made signing of contract between an employer and employee mandatory. However, it has remained on paper only. The Employees Provident Fund and Miscellaneous Provisions Act 1952 was made applicable to cine workers vide Cinema and Theatre Workers (Regulation of Employment) Act. Its enforcement would have been a major boon to senior citizen members of the industry. The workforces consisting of junior artists, spot boys, light men, assistants in various crafts are not considered as Aam Aadmi (Common Man) for whose benefit the Government has pumped in millions and trillions by way of various 8 legislations. The Entertainment Industry in so far as workers and technicians are considered is not an Industry despite the hula boo created few years ago about it having received recognition under provisions of IDBI Act. Several Enquiry Committee reports since independence have made several recommendations regarding improvement of working conditions, social security and the need to upgrade knowledge by way of training. The exponential growth of the entertainment industry would not have been possible without the active participation of its workforce. They ought to be treated as equal partners in this growth. Lack of sustained agitation and media exposure has only allowed the focus to remain on glamour quotient. It’s time to shift it back to the backbone of the industry-the workers and technicians. This book is an attempt to set the record straight. 9 A Long Trek The first act, which regulated and controlled the Indian film industry, was enacted in 1918 and it was known as Indian Cinematograph Act 1918. The rapid growth of Indian film industry prompted the British Indian Empire to appoint Mr. W. Evans to submit a report on Indian Cinema.