People's Democracy

THE WEEK IN PARLIAMENT

                                      Subhas Ray

THE contentious issue of the government’s not cooperating with the Public Accounts Committee, which had led to a confrontation with the opposition, once again agitated the opposition members when the parliament met on August 13 after two consecutive holidays on August 11 and 12.

GOVT ADAMANT ON CVC REPORT

In Rajya Sabha, the CPI(M)’s Nilotpal Basu said the whole matter of PAC not getting cooperation from the government has created a situation which goes beyond the defence ministry. Basu reminded how defence minister George Fernandes tendered his resignation after an exposure and made a public statement over Doordarsan that he would not come back until he was exonerated by a commission of inquiry. Nay, the prime minister too accepted his resignation. Later, however, the prime minister re-inducted him into the cabinet. So the prime minister owes an explanation to the nation as to what considerations made him renege from his earlier position.

Now, serious allegations have come up in the CAG report on defence deals but the report was denied to the PAC. Asking for that document was a prerogative of the PAC. The government earlier took the position that it was a classified document and could not be parted with. But later it took a new line --- that there was no such report! The prime minister needs to clarify the position. Secondly, there was confusion about what was really asked for and what was offered; all this is part of the proceedings of the PAC. Therefore, along with the report, the PAC’s verbatim proceedings must be tabled in the house to clarify everything. Also, when the government unjustifiably denied the CVC report to the PAC, the interface between the government and the opposition broke down. This is a sad thing for a democracy, Basu protested. 

Finally, unable to end the government’s extreme insensitiveness on the issue, the opposition parties left the house in protest.

Subsequently, CPI(M) members decided that they would not boycott the house for the rest of the session but would not draw salaries either, till good sense prevails upon the government. 

WORKERS REMAIN UNPROTECTED

In Lok Sabha, Basudeb Acharya, CPI(M), moved a resolution asking that the government to take measures to protect the workers’ interests. Raising some burning problems of workers in the country, he said only 2.8 crore out of 40 crore workers are in the organised sector. The government’s new economic policy of liberalisation, privatisation and globalisation has adversely affected the working class, unorganised workers in particular. Since 1991, about 4 lakh small and medium industries have closed down; lakhs of workers in these units have become jobless. There have been all-out attacks against the working class. There is a growing attack on the social securities earned by workers through long struggles.

Acharya here quoted article 43 of the constitution: “The state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.” But, he said, even after 56 years of independence, not much has been done to improve the lot of our workers. The legislations to protect their interests remain on paper; the provisions of these laws are not observed by the government or employers. The government does nothing against the employers who blatantly violate these provisions.

Also, the Planning Commission’s working group had made recommendations like a national policy on social security; ratification of the ILO convention on social security; provision of budgetary support for it and its integration with development planning; a separate social security department in labour ministry; and contributory employment assurance scheme in organised sector. Social security is the universal need of workers; a social safety net is needed for those who have been thrown out of job temporarily or permanently. Acharya demanded a system of social security for unorganised rural labour and cost effective and easy access to benefits; social security for all workers, irrespective of type of establishment or wages drawn; reform in ESIC; and investment in EPF and EPS. The working group recommended speedy implementation of these recommendations, but the labour ministry has not implemented any of these so far.

The tenth five year plan recommended a pension scheme for unorganised workers. The Bengal government introduced a provident fund cum pension scheme for such workers three years ago. Nowhere else has anything been done for these workers who comprise 80-85 per cent of our workforce. What is worrisome is that the central government is itself violating the Contract Labour (Regulation and Abolition) Act. That act says contract workers must be paid wages on par with those being paid to regular workers. But none of the central government offices, CPSUs and railways is paying such wages to contract workers. Gradually a number of works are being handed over to contractors. Today in railways, contract workers look after track maintenance. In railways, there is no provision of provident fund.

JUNGLE RAJ: LAWS BEING BROKEN

In Mahanadhi Coal Fields, a subsidiary of Coal India, 22,000 contract workers are not getting even minimum wages. Many concerns, including an FCI godown, are even deducting the contractor’s contribution to the provident fund from employees’ salaries. This was brought to the notice of the labour ministry and Contract Labour Board, but the practice continues. This is jungle raj where the custodians of labour laws are themselves breaking the laws. The Workmen Compansation Act is not being implemented in case of contract workers in multinational companies. Workers in export processing zones works for 12 hours or more without getting even minimum wages.

The condition of 40 lakh beedi workers is such that they have to work for 12 hours in hazardous conditions and fall victim to many diseases. They badly need hospitals. Their life expectancy is much lower than other workers. Rs 2 are being collected as cess for 1000 beedis. But the finance ministry says there will be no hospital for beedi workers. In 2001-02, the cess collected was Rs 67 crore; only Rs 37 crore out of it were spent. In several states, these workers are not getting even the national floor level wage of Rs 50 a day. Bengal pays the highest rate, Rs 61.62, while Madhya Pradesh pays only Rs 32.42, less than the national level. These workers are deprived of PF in spite of the Supreme Court judgement that all beedi workers must be covered under the PF scheme. For about 2 crore construction workers, there is no PF, no gratuity, no pension, not even minimum wage.

About 26 crore unorganised agricultural workers, a voluminous report presented to the labour ministry in 1991 is now gathering dust. No effort has been made to implement at least some of its recommendations. The government says some state governments have not agreed to it. Acharya asked: when the POTA was enacted, did all the state governments agree to it? Yet that draconian law was enacted. But when it comes to enacting a law for agricultural workers, then the bogey of states’ objections is raised. This shows the regime’s vested interest, he accused.

Dealing with central public sector units, Acharya said salaries are not paid to workers for months together, what to talk of PF, gratuity and other statutory dues. There have been starvation deaths; some workers have committed suicide. Who will take action against these companies’ owner, i e, the GoI?

In the end, Acharya quoted the World Labour Report 2000 that emphasised social protection, decent work and human dignity. He said social protection is not only morally justified but economically viable. An efficient economy and effective social protection are essential. Striking a balance between the two is in line with the ILO’s goal of securing decent work for all women and men, and in tune with the economic and political realities of our time. Yet India spends only 1.4 per cent of GDP on social security whereas Sri Lanka spends 4.5 per cent, he regretted.

The Workmen Compansation Act is not being implemented in case of contract workers and in multinational companies. Workers in export processing zones works for 12 hours or more without getting even minimum wages.

‘WORKERS WILL FIGHT NEW DESPOTS’

Varakala Radhakrishnan, CPI(M), strongly supported the resolution. He said we fought for independence for two centuries. But where do we stand after 56 years? Our workers have again become slaves. And now comes the Supreme Court ruling on strikes. It is a slur on our independence, an attack on human rights. There is a continuous attack on workers’ rights, not only by the executive but also by the judiciary. Passed in 1948, the Industrial Disputes Act is still in force. As per section 21 of that act, workers have a right to strike work after giving a 14 days notice. Parliament thus gave the workers the right to strike but now, without understanding this provision, the Supreme Court says workers have no right to strike. From where did the court get this wisdom? Workers do have this right and cannot be treated as slaves, Radhakrishnan lashed out.

The CPI(M) member also asked if the judges’ conscience pricks them when lakhs of cases are pending in courts. Cases are pending even for 25 and 35 years, but these judges have not taken any decision on these. Poor citizens extremely suffer and are not getting justice. Delaying justice means denying justice to them. But when workers are forced to strike, when the poor are forced to struggle, these judges think the poor have no contribution in national development!

In Tamilnadu, the government has consistently attacked its employees. It clamped the amended ESMA to snatch their right to strike. It withdrew all their allowances and even the unions’ recognition. And now comes the Supreme Court verdict. But workers have obtained their rights through long drawn struggles, by shedding their blood. These rights are no gift from the executive or judiciary. Hence, the CPI(M) member warned, workers will fight the new despots just as they fought against the British, and they will also fight against the judiciary for going against their fundamental rights.