Food Campaign Team Finds Shocking Conditions At Tea Garden

A 12-member team from the Right to Food and Work Campaign, West Bengal on the first day of their survey of closed tea gardens visited Bandapani, the situation there is grim, to say the least. Twenty-nine deaths have taken place after closure since 13th July 2013. Three other persons are on death row. They are:

Amrit Jhora, aged 23, suffering from malnutrition and barely able to walk. The family has shown him to the National Rural Health Mission clinic being run by an NGO, MANT, for the last one year, but it has not helped. He has to be carried to the NGO’s camp, but this is not always possible. Surprisingly the NGO has not referred him to any other place.  Nanki Soren (aged 60 years) no family, husband has already died. No ration card or any other benefits. Abha Soren a neighbour feeds her occasionally- one meal a day. Mukesh Goala (23 years) suffering from diabetes according to his widowed mother. No earning member in the family.

The garden is not re-opening because it is mired in illegalities. Despite that, the Government has not taken corrective action. The lease given by the State Government has lapsed since 2006, and the ownership of the TG is now in dispute. The present “owner”, M/s Sarada Pleasure and Adventure Ltd, has been operating in the name of the past owner, M/s Alipurduar Enterprises Ltd, who in turn is not legally in possession of the tea garden land. The lapsed lease seems to be in the name of a third party. The disputed ownership is now acting as a problem to get a new owner. The management has also not deposited Provident Fund dues of about Rs.3.1 crores since 2002; electricity bills amounting to Rs.10-14 lakhs are lying unpaid; wages and salaries amounting to Rs.1 crore, gratuity of Rs.1 crore and bonus of Rs. 56 lakhs have not been paid.

The Labour Department and the district magistrate have called several meetings for re-opening, but the owner has not responded. In February 2014, the DM wrote to the Land Reforms and Land Revenue Department asking for lease cancellation. No progress is reported after that.

In the name of domestic work, many able bodied young women have been taken to cities and other places in Delhi, Punjab, Himachal Pradesh and Sikkim. One woman was sexually assaulted while at work and was forced to come back from Punjab when she was pregnant . She was taken to Delhi and then Punjab by an agent. Four to five agents seem to have free access to the garden, and they are reported to take away half the salary of the women they put in employment. Despite such problems, within this week, about 3-4 women from Chaibasa line say that they will be forced to leave for Bangalore as they have no other way of surviving in the garden.

The team found gross violation of Supreme Court orders on facilities to be given in closed gardens. While AAY rations are available, FAWLOI (family Allowance for Workers in Locked Out Industry) forms are just being distributed. NREGS works are largely unavailable. Drinking water is a severe problem, with insufficient, highly contaminated water often with worms coming from a Bhutan stream. Medical facilities being provided by an NGO under the National Rural Health Mission (NRHM) do not meet the NRHM norms, with most medicines having to be bought. Ambulance facilities are unavailable as are good referral services.

The team found stunted children and anaemic adults in the garden population. Most depend on stone collection from the river with an income of Rs.50-100 per day for a living. Many families reported eating only once a day. Huge numbers are migrating or getting trafficked.

 
Before coming to the gardens some members of the team had met the Food Minister, who had informed us of a number of positive measures being taken. The attitude of the Government towards this problem was seen by us as being very encouraging. However, however, our experience tells us that these measures still need more effort to percolate to the affected people.

'Ensure Universal Food Coverage'

In 2013, the National Food Security Act was passed by the Parliament with the clause that implementation of the Act would be started by 5^th July 2014. However, today we find that the Act is still far from being put into operation. On the other hand, food inflation is continuing unabated, causing great problems to the people at large. In addition, in chronic hunger pockets such as the closed tea gardens, we are seeing another spate of deaths. While it may be endlessly debated whether the immediate cause of these deaths is starvation, it is well accepted that these areas, as well as in other areas are suffering from chronic hunger, the suffering of the people is huge and needs urgent attention.      

In this context, a team from the Right to Food and Work Campaign West Bnegal consisting of Anuradha Talwar, Swapan Ganguly, Saradindu Biswas, Debojyoti Chakraborty and Fr. Jothi S.J. met the Minister for Food and Civil Supplies on July 5.

The network raised its demand for universal coverage under the National Food Security Act. The Minister informed us that it has been the stand of their Government that universal coverage should be there. He further informed us that 22 states had made the same demand in the meeting of Food Ministers held in Delhi on 4^th July. As the Central Government would have to move an amendment in parliament for deferring the date for implementation of the Act, he said that it was possible that an amendment for universal coverage could also be moved, as 22 States had asked for it.

Considering food is the most basic right of the people, we insist that the State Government declares universal coverage through a State level Act or Scheme. We demand that the State Government put this into practice by at least putting forth a plan for universal coverage over the next 5 years, along with a plan for resource mobilisation.  

We would like to draw attention to the following:

1.      Despite a year having passed since the Act (first in the form of an Ordinance) was promulgated, the State of West Bengal seems to be still unprepared for the implementation of the Act.

a.       The Socio Economic Caste Census on which the choice of beneficiaries depends is still incomplete. The survey lists are available online only in 9 out of 19 districts. Lists are incomplete even where they have been put online. Public display of draft lists has not taken place in most places, nor have hearings for correction been conducted. We asked the Minister to ensure that this task is completed immediately so that the Government can start actual choice of beneficiaries.

b.      For choice of beneficiaries, we urged the use of simple exclusion criteria , excluding those who have Government jobs , permanent well paid jobs, income tax payers, those who own 4 wheeled vehicles, owners of large businesses etc. This would simplify the task of choice of beneficiaries and lead to fewer errors. The Minister was of the view that universal coverage was a better option.    

c.       Rules under the Act are still far from being framed. We insisted that this task also be taken up on a war footing.

2.      Grievance redressal and people’s vigilance are an important part of ensuring that food grains actually reach the beneficiaries. We welcome the Government’s decision to include NGO representatives in Monitoring and Vigilance committees up to the block level. We would however from our past experience of these committees urge the Government to ensure proper training and regular functioning of these committees. The Minister promised to support our efforts in this matter and to be present for the first meeting of NGO representatives.

3.       The deaths in tea gardens have left us very perturbed as they are part of a trend that started in 2003. The Government, both the past one and the present one seem unable to deal with the problem.  We welcome the setting up of a permanent committee of three ministers to oversee the steps being taken in the gardens We would urge the Government to ensure that the following:

a.       Supreme Court orders ensuring AAY rations, NREGA work, FAWLOI, medical facilities, drinking water, ICDS and MDMS coverage are enforced

b.      Regular monitoring through a district level cell of these schemes takes place

c.       Just as AAY rations are being continued in all closed and formerly closed gardens, FAWLOI should also not be discontinued in gardens which are going through cycles of closure and opening.

d.      Under NREGA, workers suffer immensely because of delayed payments. Payment of part of the wages at least should be made on a daily basis.

e.       The Government should take proactive steps to ensure that employers do not abandon gardens so easily. Such steps would include punishment of rogue employers who abandon the gardens, recovery of workers’ dues such as gratuity, provident fund  etc., cancellation of lease to find new employers etc.

f.       As the underlying problem is the abysmally low level of wages in tea gardens, we urge the Government to take a pro-active role in the on-going industry level negotiations to ensure a living wage for the workers. We also urge you to declare a minimum wage for tea workers under the Minimum Wages Act.

The Minister informed us of a permanent inspection system for 23 closed gardens. 

The Network is also sending a fact finding team to 6 closed gardens from 7^th to 13^th July 2014.The report will especially examine the steps the Government has taken and the results will be shared with the Government. It also plans to set up a permanent monitoring system.

We Condemn That A Member Of Parliament Can Call For Rape

The explosive statement by the Member of Parliament Tapas Pal has spread not just within West Bnegal but has crossed state, national and international borders. The ruling party uses state power in conjunction with muscle power to suppress dissenting voices. This has become the latest political culture in our state. Value based politics and courtesy in politics are rarities. 

During the last regime also, it was common to murder political opponents, blind them, cut their hands etc. Added to this in Nandigram and Singur was sexual harassment and rape of the women of the opposite political groups to suppress dissent. However, even in the worst times, nobody had the courage to openly support such activities or to proudly encourage their supporters to take up such activities. Nobody had stooped to such lowly actions.

Today, we find through media reports that Tapas Pal has gone down to such levels. He declared a Fatwa amidst an audience of blind party supporters who clapped with great enthusiasm - if any person from the opposition dared to touch anyone in his party, he would respond with a revolver, plus he would send his men to rape the women from such families. Only a set of completely blind and dehumanised supporters could support such a statement with enthusiastic clapping.

As soon as this statement became public, the “generals” of the TMC have immediately swung into action.The Member of Parliament has been given a 48 hours show cause. The party has said it does not support the Member of Parliament’s statement etc. However, it was an MLA of the same party who said proudly that he had crushed three people to death under his feet. Another leader directed his supporters to attack the police with bombs and to burn the houses of their opponents. Another bright star has not limited his actions to mere rioting – he beat up the teachers in a college and forced them to apologise to him. Was any punishment meted out by the party to any one of these people? Not at all. Instead they have become the twice blessed favourites of the party Supremo.

This message has spread all over the party network. So, Tapas babu went one step further. Not just murder, he advocated rape like the most barbarian of conquerors, with the intention probably of being deluged with the affection of the Supremo. In West Bengal politics, there is a planned effort to spread political and sexist violence, inhuman and uncivilised behaviour. There is an attempt to arouse the violent and vengeful side of human nature amongst the common ordinary people to consolidate the ruling party’s base everywhere. This is basically an endeavour to hold on to political power by any means.

We strongly oppose such immorality, sexism and violence in politics. We feel that any person who makes statements which incite hatred and violence has no right to be a Member of the Indian Parliament. A political party which claims to not support or promote such political culture should immediately expel anti-social elements like Tapas Pal from their party. Otherwise one will be forced to conclude that public statements by party spokesmen are mere eyewash, while the real objective is to encourage the growth of such misdeeds.

As democratic organisations and citizens, in the interest of value based and humane politics and civilised behaviour, we demand:

1.       Immediate Resignation of Tapas Pal from the Parliament.

2.       Suo Moto Proceedings to be initiated by the Speaker of the Lok Sabha to declare Tapas Pal unworthy of being a Member of Parliament.

3.       Immediate criminal proceedings to be initiated by the State Government against Tapas Pal

4.       The State Government must take responsibility to safeguard all constitutional democratic rights of all citizens

5.       The State Government must guarantee the right of women to move and work freely without the constant fear of being sexually assaulted.

Paschim Banga Khet Majoor Samity, Shramajivi Samanvay Committee, Shramajivi Mahila  Samity, Paschim Banga Swarojgari O Raduni Union, Hosiery Workers Unity Center

Tea Workers Present Demands Charter

The United Tea Workers Front (UTWF) was launched on 27^th December 2013 at Siliguri, primarily to raise the issue of a living wage and related matters in the forthcoming wage negotiations in North Bengal.  The launch was preceded by a number of discussions between unions about the non-transparent and anti-working class manner in which wage negotiations take place in the tea sector in West Bengal and the total absence of any kind of conception of minimum wages in these negotiations.

At its launch, the UTWF presented its Charter of Demands for Terai, Dooars and Darjeeling , which concentrated on the following:

• Wage negotiations must be completed before the expiry of the present agreement, which is valid till 31^st March 2014.
• The negotiations must take place in Siliguri and Darjeeling, instead of Kolkata, so that workers and their leaders can participate in a much more active manner in the negotiations, instead of feeling marginalised, as they do in Kolkata.
• Tea workers must be included in the Scheduled Employments under the Minimum Wages Act 1948. The Government of West Bengal must notify wages under the Act for tea workers and any collective bargaining agreement must ensure that wages are above those fixed under the Minimum Wages Act. A calculation made using the widely accepted 15^th ILC recommendations and Supreme Court orders showed that this would.
• Any deductions made from such a minimum wage for benefits under the Plantation Labour Act must be calculated in a transparent manner. All such calculations and documents must be made available to the workers and their unions.
• All wage and non wage benefits must be extended to all bigha (seasonal) workers.
• The Tea Board must also participate in the discussions.
• All other fiscal issues such as Wages & Salary, Extra Leaf Payment, Dearness Allowances, Variable Dearness Allowances, LTA and Additional Compensation must be resolved alongside, and all cash payments, including the daily rated wage should be inflation linked with 100% compensation for inflation.
• All vacant posts must be immediately filled. Trainings for skill improvement must be undertaken.

Actions

On 7^th and 8^th January, the UTWF presented its charter of demands to the Labour Minister and the Coordination Committee of Plantation Associations (CCPA). The Labour Minister received the demands of the UTWF positively. He seemed in favour of inclusion of tea plantation workers in the Scheduled Employments and was also in favour of the need to have negotiations in Siliguri and Darjeeling, if the employers were agreeable. He was however initially of the opinion that it would be impossible to hold wage negotiations before the Lok Sabha elections, but later he assured us that they could be started before the 31^st March 2014 and he would also try to ensure completion by 31^st March 2014.  The CCPA told us “the dynamics in the industry had changed. We are aware of this and will respond accordingly.”

Immediately after this, the CCPA invited the UTWF to the negotiation on Leave Travel Allowance formally recognizing it as one of the important stakeholders in the industry.

The UTWF has since then organized the following programmes:

1.      Meeting of garden level leadership of the Doars at Birpara on 17^th January 2014, attended by about 200 workers.

2.      Meeting of garden level leadership of Nagrakata and surrounding blocks attended by about 500 workers at Nagrakata TE on 20^th January 2014.

3.      Meeting of over 400 women workers on 24^th January 2014 , in collaboration with Karmajivi Mahila Parishad , a state level council of women workers from 11 trades, at Malbazar culminating in a deputation to the SDO on the demands of women workers as well as submission of the UTWF Charter.

4.      Meeting of garden level leadership of Terai region at Bagdogra TE on 25^th January 2014 attended by about 100 workers.

5.      Public convention of tea workers at Nagrakata attended by about 400 workers on 6^th February 2014.

6.      Presentation and discussion of the UTWF charter of demands to GTA Sabha members at Darjeeling on 7^th February 2014.

Besides this, garden level meetings have taken place in a large number of gardens throughout the region.

The UTWF also had to face a setback when four of the leaders of its constituent, Terai Dooars Progressive Plantation Workers Union, were arrested on false charges on 27^th January 2014, while organizing a bandh protesting the gang rape of an Adivasi girl at Labhpur in Birbhum. This includes one of the UTWF Convenors, Kiran Kalindi and a member of the UTWF Committee, Baijnath Naik. They are still in jail and have been refused bail so far. Despite their absence, other leaders of the union are continuing with their organizing and campaign work successfully.  

The UTWF’s movement has had the impact of bringing to the forefront the issue of very low wages in the tea sector. After it raised the demand for Rs.322 as the daily minimum wage (inclusive of all benefits)  based on the 15^th ILC  and Supreme Court orders and inclusion in the Scheduled Employments under the Minimum Wages Act,  other unions have also  made similar demands. The Co-ordination Committee publicly presented its charter of demands on 10^th January 2014 and later TMC led unions have also made public statements about their demands. There seems to be an industry–wise agreement amongst unions, with both the Coordination Committee and the TMC led unions raising the demand for inclusion of tea workers in the  Minimum Wages Act. Similarly, the Co-ordination Committee has demanded a cash wage of Rs.285 and the TMC led unions Rs.290. If non-cash benefits provided under the Plantation Labour Act are added to this, the amount would be even more than the Rs.322 as asked for by the UTWF.

A second impact has been that the Joint Labour Commissioner on the 8^th January 2014 announced the Government’s intention of holding the first meeting for wage negotiations on 25^th February 2014 at Siliguri.

Anuradha Talwar (Principal Convener), P. T. Sherpa (Convener, Darjeeling), Leos Hasapurti, Kiran Kalindi (Convenors ,Dooars),Rajesh Toppo, Harihar Acharya  (Convenors , SiliguriTerai)