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Network Member Spotlight January 2016 | Justice Prize 1st Place Winner

NETWORK MEMBER: NAZDEEK

Justice in the Tea Gardens - Battling ‘Generational Servitude’ in Assam, India

★ WINNER OF THE 2015 NAMATI JUSTICE PRIZE ★

Nazdeek is a legal capacity-building organization committed to bringing access to justice closer to marginalized communities in India. Nazdeek partners with grassroots activists and lawyers to build community-based legal networks to increase accountability in the protection of social and economic rights. Founded 2012 Community members trained as paralegals in Assam by Nazdeek nazdeek.org and its partner organization PAJHRA. Photoghraph: Rajan Zaveri

mong the many unacknowledged crimes activism, the tea garden workers of Assam remain of the British Empire, the treatment one of modern India’s most vulnerable populations. of indentured laborers in Assam’s tea A “Tea workers and their families live in a state of plantations ranks among the least well known, and ‘generational servitude’,” says Sukti Dhital, co- yet is one with very contemporary consequences. founder of Nazdeek. “Contrary to the law, tea Starting in the 1840’s, hundreds of thousands of garden workers, more than 50 per cent of whom are tribal people, commonly known as Adivasis in women, are paid below minimum wage, earning a India, were forcibly brought from the Chota Nagpur Rs 115 ($1.72) per day as compared to the state Plateau in central-eastern India to work in the tea minimum wage of Rs 177 ($2.65) per day..” plantations of Assam. Tens of thousands perished The poverty and lack of access to services means of disease and maltreatment on the journey. Assam State has the highest maternal mortality in The passing of the 1859 Workmen’s Breach of India – the world’s leader in preventable maternal Contract Act made these tea pickers little better death – and one of the highest infant mortality than slaves. They needed to seek permission from rates. These health indicators persist, despite the the planters to marry or travel. Punitive violence right to safe motherhood protected by the Indian and barrack living were the price they paid for the Constitution and guaranteed under national laws British taste for tea. And despite decades of Adivasi and policies. “Insufficient budget allocation, weak

1 Global Legal Empowerment Network • Member Spotlight

implementation of policies and poor monitoring medical care, ambulance unavailability, and undue and oversight contribute to a tragically high hospital referrals. The program captured 11 reports number of maternal and infant deaths,” says Sukti. of newborn deaths, and 4 incidents of preventable maternal deaths. The information proved essential Unlike other Indian States, Adivasi communities for future advocacy and litigation actions. living in Assam do not enjoy Scheduled Tribes status. So the Government does not collect “Initially, there was a lack of awareness about laws disaggregated data on the Adivasi community, the and policies among the women volunteers,” says large majority of whom are tea garden workers. Sukti. “Since the majority of the volunteers hailed Conditions are exacerbated by low literacy and from tea garden areas, a significant amount of time awareness of health rights among Adivasi women, was spent in building up capacity on a rights-based which affects their ability to report and monitor approach to safe motherhood. Through trainings, violations. the women volunteers began seeing entitlements as rights. They then began sharing this information In recognition of the need for grassroots justice, with women in their respective communities to Nazdeek began its legal empowerment work in start demanding health benefits and services from Assam in 2013 in partnership with PAJHRA, an state officials and frontline health workers. Adivasi rights organization. Following a series paralegal trainings with PAJHRA’s staff, they For many of the volunteers, it was their first time identified a range of barriers that tea garden women using a phone or texting. Further, many paralegals face in accessing their health and labour benefits. and women were hesitant to report violations In April 2014, the NGO Nazdeek began a project for fear that the reports would go directly to the called End Maternal Mortality Now in partnership authorities, so Nazdeek developed an anonymous with PAJHRA and ICAAD, a international reporting system. organization focused on addressing structural A historic meeting was held in February 2015 discrimination across the world. Together they between 25 volunteer paralegals and the district with PAJHRA identified and trained a group of 40 officials including the Deputy Commissioner, the women volunteers living in Balipara and Dhekiajuli District Joint Health Services and the Medical Blocks in the Sonitpur District of Assam. Inspector of Plantations. It was very empowering Project volunteers attended a series of training sessions on issues of maternal and infant health and rights and entitlements under the NRHM. From May to November 2014, volunteers collected and reported incidents when pregnant and lactating women could not access health and nutrition services and benefits required by the National Rural Health Mission (NRHM), the Plantation Labor Act, the Public Distribution System (PDS), and MOUs between the Central Government and tea gardens. Through a coding system, the volunteers reported 70 incidents via SMS. The most commonly violation was the charging of fees for medical services that should be free to More than 50 per cent of tea garden workers are women. pregnant women. Other violations were: lack of Photograph: Rajan Zaveri

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for the women, with most of them sitting across scalability within India and around the world. the table from officials for the first time as equals, In addition to its legal empowerment work, voicing demands on behalf of their community. As Nazdeek undertakes strategic legal and a result of the meeting the local authorities have advocacy support to local organizations to agreed to hold periodic Citizens Grievance Forums, bolster their efforts to demand higher wages and have placed first priority on establishing a for tea garden workers. It also supports a functional blood bank in the project area. human rights clinical program focused on “Throughout my life I have seen pregnant women addressing human rights cases through the die, but I didn’t see these deaths as violations of Assam district courts and is supporting three rights. I didn’t think there was something I - or we partner organisations to file a complaint on as a community - could do to stop these deaths. behalf of tea workers at the World Bank Group’s But I’m learning that we can demand better Compliance Advisor Ombudsman against services and medicines from the government. This plantations owned by Tata Global Beverages. is our right.”Joshila S. mobile health participant, In Delhi, Nazdeek has launched an urban Dhekiajuli empowerment project with a collective of As one of the few projects that is fusing social 25 paralegals from slum communities. The accountability, legal empowerment and technology paralegals are advancing the rights to maternal with health, Nazdeek believe there is potential for health and other basic services in slum areas.

Key Lessons When activists and community members are armed with legal tools, structural changes – whether at the state level or at a local level – can 1 and do emerge. Legal advocacy must be tiered - ground impact follows interventions at various stages of the accountability ladder. While an impact case at the 2 High Court offers great potential for systemic relief, the effect on the lives of everyday people is dependent on activists and community members aware of the litigation, and monitoring implementation of the court order. There must be a sustained, continuous program of capacity building that 3 extends far beyond a one or two trainings. The work takes time. Engagement by paralegals may fluctuate be due to a host of factors: differences in participants’ background, social status, gender, occupation 4 and literacy levels. Monthy meetings have been crucial to address issues that volunteers face, which hinder the reporting of violations. Coordinating programs in partnership with a local CBO makes the 5 programs much more sustainable. Participants and community members need to know that their efforts are resulting in action. A recent report and meeting with district level health 6 officials galvanized commitment in the program by the paralegals.

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