UNORGANIZED LABOUR WELFARE PROJECTREPORT PHASE-II (Assessment of Core Issues of Unorganized Labourers in 20 Districts of 10 States of India and Creating a Platform for Rightful Intervention in Securing Their Rights) SUBMITTED TO CSR HEAD SUBMITTED BY (Swami Agnivesh) Chairperson BandhuaMuktiMorcha 7, JantarMantar Road, New Delhi-110001 (India) Phone: +91-11-23363221, 23367943 Mob: +91-9810976705, Fax: +91-11-23367946 E-Mail: [email protected] www.bondedlabour.org 1 PREFACE Inclusive Growth and Just Society is an important facet of Indian democracy. Victims of Bonded Labour system are one of the most exploited sections of the society, who have been deprived of their basic human rights and suffered considerably for a long stretch of time .Swami Agnivesh, the founder chairperson of BandhuaMuktiMorcha (BMM) has been at the forefront of working for the upliftment and welfare of the victims of bonded labour system and effective abolition of child labour in India for the past four decades. In this backdrop, ONGC awarded BMM the project „to assess core issues of unorganized labour in 20 districts of 10 States of India and create a platform for rightful intervention in securing their rights‟. With these objectives the second phase of the project consisted of organizing meetings with Panchayati Raj institutions at district level; organising Legal Services Authority meetings both at National and State levels; and reaching out to public leaders like MLAs and MPs both at the State and at National Level. Besides, BMM was also mandated to organize a one day National Seminar on “Right to Work and Living Wage”, drawing on eminent personalities and activists from all sectors, to educate and create a network for the welfare of the poor, deprived and disadvantaged sections of the society. It is my pleasure to report to you that BMM has succeeded in all these objectives. Our national seminar was a huge success, drawing people like former Chief Justice of India, Justice T.S. Thakur, General Secretary of CPI (M), Shri Sitaram Yechury, among many others. Even religious heads of different faiths voiced their support for the poor and deprived sections. Thus, it was a mission well accomplished. A summary of all the activities is listed in the present report, with visual evidence in the form of photographs. I am also happy to report that our various activities were reported in both the national and local media, whenever and wherever the activities took place from time to time. With this, I hope our association for remainder phases of the project would continue unabated. We look forward to a strong partnership with ONGC in carrying this noble cause to logical and fruitful conclusions. 2 CONTENTS PREFACE I INTRODUCTION II NATIONAL SEMINAR- “RIGHT TO WORK AND LIVING WAGE” III MEETING WITH THE PANEL OF PARLIAMENTARIANS IV MEETING WITH NATIONAL LEGAL SERVICES AUTHORITY V MEETINGS WITH STATE LEGAL SERVICES AUTHORITIES VI MEETINGS WITH MLAS IN 10 STATES VII MEETINGS WITH DISTRICT LEVEL PANCHAYATI RAJ INSTITUTIONS REPRESENTATIVES VIII MEETINGS WITH NATIONAL PANEL OF SENIORBUREAUCRATS AND REVIEW ANNEXURE-1- LABOUR CODE ON SOCIAL SECURITY, 2018 ABOUT BANDHUA MUKTI MORCHA (BMM) 3 I. INTRODUCTION Is right to work a human right? Article 23.1 of the Universal Declaration of Human Rights states: Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. International Legislations: The Right to Work is an important Human Right which has been explained in Articles 23 and 24 of the Universal Declaration of Human Rights. Everyone has the right to work and free choice of employment in just and favorable conditions. Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. PART III Article 6 The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programs policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular: Remuneration which provides all workers, as a minimum, with: Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; 4 A decent living for themselves and their families in accordance with the provisions of the present Covenant; Safe and healthy working conditions; Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays What does the Indian Constitution say about the Right to Work? The Indian Constitution refers to the right to work under the “directive principles of state policy”. Article 39 urges the State to ensure that “the citizens, men and women equally, have the right to an adequate means to livelihood”, and that “there is equal pay for equal work for both men and women. “Further, Article 41 stresses that “the State, shall within the limits of its economic capacity and development, make effective provision for securing right to work...” Socialist Principles – Articles 38, 39, 41, 42, 43 and 45 Article 38: It directs the State to secure and protect a social order which stands for the welfare of the people. Article 38(2): It directs the State to strive for minimizing inequalities in income. Article 39 (a): Citizens (men and women) shall have the right to an adequate means of livelihood. Article 39 (b): Ownership and control of material resources of the community shall be distributed to as to sub-serve the common good. Article 39 (c): Economic system shall operate in a manner that does not result in the concentration of wealth and means of production to the common detriment. Article 39 (d): Equal pay for equal work, without any sex discrimination. Article 39 (e): Health and strength of workers and tender age of children must not be abused. Article 39 A: Equal justice and free legal aid. Article 41: Right to work, to education and to public assistance in certain cases. Article 42: Provision of just and human conditions of work and maternity relief. Article 43 A: Participation of workers in management of industries. Article 45: Provision for childhood care and education of children below age of six years 5 The Role of National Human Rights Commission (NHRC) The National Human Rights Commission ever since its inception (1993) has been concerned about the Right to Work with equality and dignity. The Commission examines and monitors the implementation of various provisions of the Minimum Wages Act and the Mahatma Gandhi National Rural Employment Guarantee Act, besides reviewing the policies and programs particularly pertaining to women. Wages have been classified into three categories: (1) Living Wage 'Living Wage has been defined differently by different people in different countries. The best definition is given by Justice Higgins which reads "Living Wage is a wage sufficient to ensure the workman food, shelter, clothing, frugal comfort, provision for evil days etc. as regard for the skill of an artisan, if he is one". According to Fair Wages Committee Report: "The living wage should enable the male earner to provide for himself and his family not merely the basic essentials of food, clothing and shelter but a measure of frugal comfort including education for the children, protection against ill-health, requirement of essential social needs and measures of insurance against old age." Thus living wage means the provision for the bare necessities plus certain amenities considered necessary for the wellbeing of the workers in terms of his social status. Article 43 of the Indian Constitution states that the State shall endeavour to secure by suitable legislation or, economic organization or, in any other way, to ensure that all workers earn a decent living wage, enjoy a minimum standard of life and have full social and cultural opportunities. (2) Minimum Wage The minimum wage may be defined as the lowest wage necessary to maintain a worker and his family at the minimum level of subsistence, which includes food, clothing and shelter. When the government fixes minimum wage in a particular scheduled employment, the main objective is not to control or determine wages in general but to prevent the employment of workers at a wage below an amount necessary to maintain the worker at the minimum level of subsistence. Minimum wage in a country is fixed by the appropriate government in consultation with employees‟ organizations and trade unions. The law relating to the minimum wage either states clearly the minimum wage or, the determination of the minimum wage is left to an administrative commission which from time to time determines the minimum wage according to the varying economic conditions.