Chapter Four

Women Construction Labour in Delhi: Migratory Patterns and Need for Social Security

Delhi has emerged as one of the leading urban metropolises, with exceptional growth in

trading, retail, commercial, banking, insurance, and entertainment sectors over the years.

The construction sector has accelerated the strong economic growth of the city, in

preparation of the Commonwealth Games in 2010.

Along with Kamataka, Tamil Nadu, and West Bengal, Delhi recorded the highest

growth rates in per capita income between 1993/ 94 and 2002/ 03. The all-India national

per capita average income in 2002/03 was Rs 18,912, whereas in Delhi mcome was

recorded at more than double, nearly Rs 47,441 (at current price estimates).

The increase in economic growth and rising per capita income contributed to the

stark divisions between rich and poor. The year 1999/2000 recorded approximately 1.15

million people (8 per cent) in Delhi living below the income poverty line. This includes a

division of 0.4 per cent of rural population and 9.42 per cent of the urban population

below the poverty line. An estimated 45 per cent of Delhi's population resides in slums,

including informal and squatter settlements as well as illegal sub-divisions and

unauthorised colonies. In 2001, there were 1087 jhuggi and jhopdi clusters with an

estimated population of over 3 million people. The living and housing conditions

recorded in most slums are appallingly poor. 1

The economy of Delhi has grown primarily due to the service sector, whose share

of the Delhi's Gross State Domestic Product (GSDP) rose from 71 per cent in 1993/94 to

78 per cent by 2003/04. The tertiary sector comprises of commerce and trade fairs,

transport, communications, financial and insurance services, real estate, the national

public administration ministries, hotels and restaurants, and other business services. The

share of the primary and secondary sectors in the GSDP has been shrinking over the past

decade in contrast to the expanding service sector.

The gradual rise in the enforcement of environmental regulations lead to either a

closure or relocation of industrial units, resulted in decreasing share of the secondary

sector (manufacturing, electricity, gas, water supply, and construction) from 25 to 21 per

1 Delhi Human Development Report 2006: Partnership and Progress, Government of NCT of Delhi, Oxford University Press, 2006

147

cent of the state GDP between the period 1993/94 and 2003 /04. Rapid urbanization from

migration; along with shrinking of agricultural, and allied activities; further accelerated

with a ban imposed by the Delhi High Court (between 1994---96), on the slaughter of

animals in slaughterhouses, of the Municipal Corporation of Delhi, led to the decline of

the share of primary sector (comprising agriculture, livestock, forestry, fishing, mining,

and quarrying), from 4 per cent of state GDP to 1 per cent.2

The 1990s has witnessed an increase in the unorganised sector employment

matched with a massive informalisation of the economy. In 1993/94, the unorganised

sector accounted for 76 per cent of employment, rising to 81 per cent by 1999/00. The

sharpest increase recorded in employment opportunities for men in the unorganised sector

was directly in the services sectors, with large visible increases occurring in commerce,

trade linkages through fairs, hotels, and restaurants. This greater informalisation of the

workforce, combined with the high in-migration rates into the city have led to a

perpetuation of inequities in living standards. The majority of the workers involved in

construction sites are migrant contract workers. There was a sharp increase in the number

of in-migrants into Delhi during the decade of the 1990s, with close to 2.22 million in­

migrants entering the city. This in-migration into Delhi has been predominantly male

dominated, with fewer women entering the city during the 1990s. As a result, the female­

to-male ratio of in-migrants per thousand in Delhi dropped to 772 between the years

1991-2001. 69 per cent of in-migrants during 1991 - 2001 originated from Bihar, Uttar

Pradesh, and Uttaranchal. There was a particularly large influx of in-migrants from Bihar

during the 1990s, with the share of in-migrants from Bihar rising from 11 per cent

between 1981- 91, to 23 per cent during 1991-2001. During this period, approximately

63 per cent of men migrated to Delhi in search of jobs, while 88 per cent of women

migrated to Delhi following their families or on account of their marriage. Only 5 per cent

of women reached the city in search of employment.

Delhi's unorganised sector employs between 3.5-4.3 million workers, one-third

working in trade, hotels, and restaurants, while another 27 per cent are employed in the

manufacturing sector. The rest are employed as casual workers mainly in the construction

sector. 3 The construction industry is the second largest employer of labour in India after

agriculture. The industry is characterised by both organised and unorganised sectors, the

2 Delhi Human Development Report 2006: Partnership and Progress, Government of NCT of Delhi, Oxford University Press, 2006 3 Ibid, 2006

148

former accounting only for 11 per cent of the total workforce. As per the National

Institute for Construction Management and Research, roughly three-fourths of the

unorganised workforce, which is 89 per cent in the industry, is unskilled. In terms of

national investment, almost 40-50 per cent of the national plan outlay is on construction.

The sector contributes to 20 per cent of the National GDP.4

Delhi is currently experiencing rapid expansion in infrastructure through the

upgrading of its transport systems (metros, flyovers ), a construction boom for residential

quarters (high rises, rising floors on existing single unit houses in existing colonies) and

public works (public administration buildings, stadiums) in preparation for the September

2010 Commonwealth Garnes. Investment for the Garnes was estimated to be Rs, 7,000

crores. Nirmaan Mazdoor Panchayat Sangam (NMPS), New Delhi, who led the

campaign for framing of the 1996 legislation for construction workers and has worked on

the issue for past three decades, estimates there are 8 lakh construction labourers in the

city, with another one lakh to be absorbed in the current construction activities.5

The People's Union for Democratic Right's fact finding team at the

Commonwealth Garnes Village site revealed numerous provisions under existing labour

laws are being violated by employers. This includes the Bonded Labour System

(Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract Labour (prohibition

and Regulation) Act, 1970; the Inter-state Migrant Workmen (Regulation of Employment

and Condition of Services) Act, 1979; the Equal Remuneration Act, 1946; and The

Buildings and Other Construction Workers (Regulation of Employment and Conditions of •

Service) Act, 1996. Unskilled workers on sites reviewed were seen to be receiving Rs 85

to Rs 100 per day for 8 hours work, as against the stipulated minimum wages of Rs 142

(as of February 2009). Unskilled workers to be paid Rs 284 for 12 hours of work, whereas

workers received Rs 150 for 12 hours. Only 5 per cent of unskilled workers on sites

reviewed were recorded to be women. Their pay was recorded as slightly lower than their

male counterparts for the same kind of work (for example, women receiveRs 80 whereas

men receive Rs 85). The condition of semi-skilled and skilled workers also differs mildly,

4 K. Sundaram, 'Employment and Poverty in India, 2000-2205', Economic and Political Weekly, July 28, 2007 5 Distress migration: Identity and entitlements; A study on migrant construction workers and the health status of their children in the national capital region, 2007-2008, Mobile Creches publication, 2008

149

with skilled workers like masons, welders, and carpenters paid between Rs 120 and 130

for 8 hours ofwork, against the stipulated minimum wages ofRs 158 per day.6

Most of these workers were recorded to be employed on a casual basis.

Employment in construction was noted to include interspersed periods of unemployment

with varying durations, depending on the fluctuating requirements of the labour force on

each worksite. Unstable employment and shifting of worksites constitute usual working

conditions for unorganised labour. Safety norms are generally violated and working

conditions hazardous. Furthermore, the workers are not entitled to any benefits, such as

medical compensation if injured while working or holidays within work periods.

Although, skilled workers are often hired directly by employers, unskilled workers are

mostly recruited through jamadars, who tie down the workers with advance payments

while deducting substantive amounts of the wages as commission.7

Irregular and low earnings mark conditions of employment for most workers in

the unorganised sector. Workers are typically not covered by existing social security laws

like Employees State Insurance Act, Employees Provident Fund and Miscellaneous

Provisions Act, Payment of Gratuity Act, and Maternity Benefit Act. Women engaged in

construction work are worse off, often involved in extremely arduous tasks such as

breaking stones, digging mud, mortar mixing, and load carrying. They remain casual

workers and are treated as 'supplementary workers' to be employed as a 'residual

category'. Surveys reveal women workers are not paid the stipulated minimum wages or

equal remuneration as compared to male counterparts. Frequent changes in their work and

instability deprive them and their children of primary facilities like health, water, sanitary

facilities, and education. The temporary accommodation in worksites arranged by

contractors often lacks even the minimum facilities for cooking and adequate services,

such as electricity, toilets, bathing, and washing spaces. Creche facilities are seldom

provided. Apart from earning extremely low wages, they are often subject to various

forms of exploitation, such as sexual harassment, which seldom is reported.

This chapter is divided into five sections. The first section introduces the field and

the second discusses the socio-economic conditions within which the primary field data

was collected. The field data is drawn from the North-West region of Delhi where heavy

construction work is undertaken. The third section addresses issues related to

6 People's Union for Democratic Rights, Fettered lives: Contract labour in Jawaharlal Nehru University, New Delhi, June 2007 7 Already discussed the role of jobbers and payment of advance

150

employment, wage, and conditions of work. The fourth section discusses the issue of

migration and the fifth and the concluding section is based on the interaction of workers

with labour unions and the machinery of labour laws. In all these five sections, there is an

attempt to situate the women workers in order to contextualise their work especially

within the construction sector.

Introducing the regions for empirical research

The field research combined the collection ofboth quantitative and qualitative data, with

the use of questionnaires and some in-depth interviews. In total 167 respondents were

interviewed, including 107 women (61 per cent) and 60 men (39 per cent) as seen in the

Pie chart below. The selection of the respondents was done based on random sampling.

Sample Profile

•Male

61% ··.Female

The field work was mostly undertaken at the residences of workers in the Budh

Vihar, Indira JJ Camp, Bawana, L&T Training Centre, and Gokulpuri regions of Delhi, as

in certain work sites it was difficult to access workers at work, while in the areas of

Talkatora Stadium, D Mall, and DDA construction site in Rohini Sector 9, interviews

were conducted on the work site.

All respondents in Bawana and Budh Vihar were women, while in Talkatora

Stadium and L&T training Centre were men. The highest number of interviews (27 per

cent) for women was conducted in D Mall and for men in Gokulpuri and D Mall. Table 1

and the following bar diagram shows the regions and gender division of interviewees in

Delhi where the field work was conducted.

151

Table 1 -Regions in Delhi (in percentage)

N arne of the region Female Male Total DDA 9.3 21.7 13.8 Indira JJ Camp 26.2 8.3 19.8

Budh Vihar 14.0 0.0 9.0

DMall 27.1 26.7 26.9 Bawana 10.3 0.0 6.6 L&T Training Centre 0.0 1.7 0.6 Gokulpuri 13.1 26.7 18.0 Talkatora Stadium 0.0 15.0 5.4

·-----·------.. --···---------.

Regions and Gender Division of Interviewees

25% +---

20% ·--··. •Female

10% Male

5%

0%

DDA Indira JJ Budh D Mall Bawana Lnt Gokulpuri Talkatora Camp Vihar Training Stadium

Centre

The construction workers usually stay in at the site (injhuggi 's) or in semi-pukka,

pukka,jhuggi 'sin settlement colonies, unauthorised colonies or urban slums.8 Usually the

older migrants (second and third generation) stay in resettlement colonies and

unauthorised colonies and the newer migrants stay in jhuggi 's in urban slums or at the

work site. ln the Budh Vihar region of Rohini, 34 per cent of the women construction

workers interviewed were living in semi-pukka houses in an unauthorised colony at a

distance from worksite while the rest were living in kachcha jhuggis (make shift tents) at

the worksites. Most of the respondents interviewed were migrants originating from

Madhya Pradesh [and belonging mostly to the Scheduled Caste (SC) category], while the

rest were from the states of Bihar, Uttar Pradesh and Rajasthan. 80 per cent of the

8 Jhuggi 's and Kachcha houses refer to make shift tents, semi-pukka refers to semi-concrete, and pukka refers to concrete dwellings.

152

respondents' access health and medical services at private clinics and hospitals located

away from residences, while only 14 per cent reported accessing a government hospital in

the locality. Seven per cent of the respondents reported educating their children in a

government school in the locality out of 34 per cent who send their children to school.

The area has recorded acute shortages of water, leading to the majority accessing water

by irregular arrangements through water tankers organised every 2-3 days in exchange

of varying payment rates. Others sources of water are the municipal tap, nearby petrol

pumps and the homes of other residents.Fifty four per cent of women interviewed

accessed electricity services and owned assets such as mobile phones; electric fans, and

bicycles, whereas 20 per cent have no assets.

In the D Mall region of Rohini both men and women construction workers were

interviewed. The site is situated near the Rohini metro station and is a medium-large mall

construction site. A settlement of approximately 50 small semi-pukka houses have been

constructed by the owners, with the provision of a common tap for water supply and

electricity provided once in the night from 6 pm to 9 pm. Most of the interviewees

reported irregular wage payments, either daily or monthly, and sometimes payments at

the end of the construction period. Workers were paid advances from their jobbers for

expenses once every two weeks. A situation of neo-bondage existed, as workers could not

abandon the work without losing their earnings.

Women workers reported the lack of presence of balwadi's (creche) at the site,

leading to an unsafe environment for their children. All respondents interviewed lived on

the worksite. The majority of women respondents (28 per cent) own no household assets

barring access to electricity, while 7 per cent had no assets at all. While 41 per cent were

aware of a government hospital nearby on the other side of the road, only 24 per cent had

accessed this facility, while 76 per cent of the respondents visited private clinics.

Fourteen per cent reported the existence of a government school in the locality, yet only

17 per cent reported sending their children to school, with difficulties securing and

qualifying for the admission process being raised as the largest obstacle. The existence of

one water tap for use by the community was contrasted with 59 per cent of the women

reporting no water related problems as the company provided for them, while 41 per cent

reported water scarcity issues due to the dependency on one tap for so many families.

Coping strategies included the use of water sources ranging from nearby

residential areas to use of a nearby petrol pump. Most of the respondents reported to have

153

migrated from Madhya Pradesh and Chhattisgarh, while very few originated from Uttar

Pradesh and Rajasthan. The majority of respondents belonged to the OBC community

from Madhya Pradesh, while migrants from Chhattisgarh were mainly from the SC

community. The majority of the male respondents (44 per cent) owned mobile phones,

and access an electricity source. Eighty-one per cent reported awareness of a government

school and hospital in the locality, yet none reported sending their children to school

while 75 per cent visited private hospitals for treatment. A minority of the men reported

water crisis at the work site. The discrepancy in perceptions of availability of government

education, and health facilities, can be attributed to a lower movement outside of the site

by women, while differences in perceptions of water scarcity can be attributed to the dual

role of women, both inside and outside the household (which the women undertake as

unorganised labour and also maintain the living arrangements for their families).

In the DDA site located in Rohini, both men and women interviewed lived on the

worksite. The majority of respondents had access to electricity. While all respondents

reported awareness of a government hospital in the locality, onlyl 0 per cent visited the

same in case of illness. Sixty per cent reported of a balwadi in the community run by the

construction company. 20 per cent of the respondents send their children to school in their

originating villages, yet none send their children to school in Delhi. All respondents

reported no water problem as the company provides for it. All respondents stayed in semi­

pukka jhuggis at worksite built by the company. Most respondents belong to the SC

community from Chhattisgarh and Madhya Pradesh. All the male construction workers

interviewed were from West Bengal. Of the total number of men interviewed, the

majority (62 per cent) had access to electricity and owned mobile phones. Seventy-Seven

per cent reported awareness of a school and a hospital in the vicinity, while the majority

(54 per cent) visit government hospitals. Most of the men are single migrants and they do

not migrate with their families and children to Delhi. This site was chosen to interview

single migrant men, often referred to as 'Maida labour', as they originate mainly from

Maida and Cooch Bihar districts of West Bengal. The men travel together in a group,

including their own cooks, and move every 2 months for work. They reported being paid

Rs 5,000 for 50 days labour, with deductions of Rs 18 for food and Rs 15 for travel per

day. The labour contractor gives some extra money for personal use and unforeseen

illnesses on occasion. The men perceive the area as unsuitable or unsafe for their families,

154

preferring to leave them at their originating villages. Maintaining the family at home was

seen as advantageous as it maintained access to government schemes.

In the H-Block JJ colony, Bawana, only women construction workers were

interviewed. Immigrants in this area originate mostly from Uttar Pradesh and Bihar and

belong to either Muslims or SC community. Women in the colony are employed mainly

in nearby factories, as domestic help, while only a few are employed in the construction

sector. Men are mainly employed in the construction sector and in small businesses. The

land of the colony was allotted by the government as a resettlement colony. The

population of the colony is approximately one lakh. The nearest government hospital is

situated roughly 15 kilometres away. There are balwadi 's, but residents do not make use

of the facilities. As Urdu is not taught in the government school in the locality, most of

the residents do not send their children to the school. The majority of respondents

reported voting for the Congress Party.

Like most of the resettlement colonies in the area, there is a dearth of government

services, such as municipal cleaners. Of the total number of respondents, 9 per cent

owned no assets and the majority of the respondents reported owning a fan and accessing

electricity. Thirty six per cent reported of a balwadi, run by Nirmaan Mazdoor Panchayat

Sangam (organisation and union of construction workers based in New Delhi) where they

send their children. The majority of the respondents (72 per cent) visit private clinics and

81 per cent reported water access problems. The biggest source of water is a municipal

tap, while others access a nearby residential area. All the respondents visit the nearest

naka to access their work sites at a distance from the colony. Fifty five per cent of the

respondents send their children to a government school.9 The majority (55 per cent) stay

in semi-pukka houses in the resettlement colony. All respondents are from Madhya

Pradesh, except two who were Haryana.

The slum colony at the Indira JJ camp is located behind the Jaipur Golden

Hospital in sector 3 of Rohini. Since 1990, the jhuggi 's were built and people started

arriving predominantly from Bihar, Chattarpur, and Rajasthan. Both men and women

construction workers were interviewed here. Among women respondents, the majority

(36 per cent) access electricity and claim it to be the only household asset. Seventy-four

9 One interesting observation at the time of field work in Jan -Dec 2008, was that most of the Muslim men respondents expressed their dissatisfaction and the disadvantaged position in Bawana, as it was a Muslim dominated area. Since the area is riot prone, most of the Muslim families do not feel safe to send their children to the balwadi's or the government schools. Therefore, all the respondents who send their children to the balwadi or school belong to the Hindu community.

155

per cent visit a private clinic while 7 per cent visit traditional doctors for treatment.

Fourteen per cent send their children to school back in their villages and 50 per cent send

them to a government school in the area. All respondents reported water problem and

listed various sources, including a municipal tap, petrol pumps and accessing nearby

residential areas. All respondents live in semi-pukka dwellings and travel for work. All

women respondents originated from Madhya Pradesh and belonged to SC community.~

Among men, the majority (67 per cent) list access to electricity as an asset. Thirty four

per cent reported a private-run hospital in the locality, and visit it at times of medical

emergencies. Although all respondents reported a government school in the

neighbourhood they do not send their children there, instead 34 per cent of all the men

respondents send their children to school in their native village.

In Gokulpuri 53 per cent of the interviewees were men and 47 per cent were

women. Eight seven per cent belong to the SC community and 7 per cent belong to Upper

Castes. The majority of the people have migrated from Rajasthan ( 43 per cent), followed

by Madhya Pradesh (33 per cent), Uttar Pradesh (13 per cent) and from within Delhi (1 0

per cent). Majority of the interviewees were from Mahoba, Jhansi, and Ajitgarh. Nearly

all respondents reported that the area had schools and hospitals nearby. Forty-nine per

cent of the men and 17 per cent of the women reported voting during elections, indicating

their preference for the Congress Party. This area was selected for its association with

SEW A. The workers interviewed were members of the organisation with high degree of

awareness about the Welfare Board. There were overall 250 active members who have

registered with the construction Welfare Board in Delhi through SEW A, with 15 of them

already receiving part of the compensation for their children's education. Unofficially,

there are 900 SEW A members in the community. The resettlement colony and all the

workers have their employment at a distance from the colony. Out of the total number of

women interviewed, the majority (71 per cent) accessed electricity, and owned mobile

phones and televisions. Twenty nine per cent of the women reported going to private

hospitals for checkups, while 65 per cent visit government hospitals. Seven per cent

reported visiting both hospitals, depending on the severity of the illness and proximity to

where they stay. Eighty seven per cent of the women interviewed stayed in pukka houses

while only 13 per cent live in semi-pukka houses. The ones who stay in pukka houses pay

rent, which ranges from Rs 700 to Rs 1 ,200, with extra for water and electricity bills,

ranged, from Rs 150 to Rs 500 a month. Seventy five per cent of the women did not

156

report any water related problems in the area. Among men, the majority (38 per cent)

accessed electricity and owned mobile phones and televisions. Fifty Six per cent of men

visit government run hospitals for illness. Ninety four per cent of the male respondents

stay in pukka houses while 6 per cent live in kachcha houses. Only one responded out of

sixteen mentioned the payment of a monthly rent ofRs 1500.

The Talkatora Stadium site in Delhi was selected to interview men construction

workers involved in Commonwealth Games construction activities. In this particular site,

the contract for construction was subcontracted to 18 companies. Residential areas were

allocated for the workers to stay within, with electricity and water facilities provided. As

part of the company policy, the workers were not allowed to have their family stay with

them in the residential quarters. All workers, except for 'Maida labourers', had to cook

for their individual meals. The contractors who made use of the Maida labourers were

responsible to get their tickets and organise for their two time meals for an average of 3

months. Other than that, labour mostly originated from Bihar, Uttar Pradesh, and West

Bengal. There were contractors for different levels of skills. Of the total number of men

interviewed, the majority (55 per cent) belonged to SC community, while a third

belonged to the Muslim community and 11 per cent responded as being Other Backward

Classes (OBC's), while 1 per cent reported being from Upper Castes. All the interviewees

reported intensive security measures and efficient compensation mechanisms at the site.

All respondents reported hospitals nearby and a free supply of water and electricity.

The last site was the Larson and Toubro (L&T) site at Mungeshpur, from which a

smaller sample size was taken (2 per cent of total). The company was indicated as

providing training to workers to acquire skills in construction works. Most of the workers

interviewed could not be included in this research due to no prior work experience in the

construction sector. The 2 per cent of them who were included in the total category of

men interviewed reported that the company provided for water and electricity. They had

to provide meals and cook for themselves, while their families were barred from living

with them as a matter of company policy. Respondents reported attending a three-month

residential training programme with the company. This site was interesting, as the

respondents reported company retention of their services upon completion of the three­

month period if they were able to provide skilled services.

When the data is aggregated, 26 per cent access electricity, 24 per cent own

electrical appliances and mobile phones, while 4 per cent have no assets. Few individual

157

respondents list assets such as a television, electrical fans, bicycles, and motorcycles. The

same can be said as for access to latrines, while all access some form of water supply.

Only 2 per cent of the sample, access government schemes, while 81 per cent do not

access any schemes. Only 1 per cent of the respondents make use of government services

in their native villages, while 16 per cent have never heard of government schemes

available for them. Most of the respondents do not send their children to school in Delhi,

while a slightly higher do so in their native villages. Most of the respondents visit private

clinics, while some visit government hospitals for maternity checks and deliveries, while

visiting private hospitals for all types of illnesses and ailments. They choose to pay

money for their treatment in the private hospitals in comparison to bureaucratic

procedures and long queues in government hospitals (where the treatment can be obtained

at no cost). Although, they do visit government hospitals in the case of undergoing major

surgery, this decision is often influenced by the cost of these procedures. The majority of

respondents have water-related issues in their locality and to cope with this situation

arrange for tankers or filling water from municipal taps available on road. Some make use

of taps available at petrol pumps or through residential areas.

Construction workers live either in makeshift tents or in temporary arrangements

usually referred to as kachcha houses. A few stay in semi-concrete and concrete houses

(semi-pukka or pukka). Whether the labour will shift job sites and the frequency of such

changes often influences what form of dwelling they reside in. The highest proportion of

the sample stay in kachcha houses (41.9 per cent) followed by semi-pukka houses (35.3

per cent) and pukka houses (22.8 per cent), as shown in Table 2. Most of the women

workers stay in semi-pukka houses (49.5 per cent) and men stay in kachcha houses (48.3

per cent).

Table 2- Type of housing (in percentage)

Type of housing Kachcha Semi-pukka Pukka

Female 38.3 49.5 12.1

Male 48.3 10.0 41.7

Total 41.9 35.3 22.8

The construction workers in the city live in localities of three types: urban slums

(jhuggi 's), unauthorised and resettlement colonies. Workers in unauthorised colonies

report harassment and eviction from the municipality during slum clearance drives. The

158

majority of the sample (55.1 per cent of the women and 65 per cent of the men) stays in

jhuggi's, as shown in Table 3. This accounts for 58.7 per cent of the total sample, while

the rest (22.8 per cent) stay in unauthorised colonies and (18.6 per cent) stay in

resettlement colonies.

Table 3- Type of locality (in percentage)

Type of locality Jhuggi Resettlement colony Unauthorised colony

Female 55.1 14.0 30.8

Male 65.0 26.7 8.3

Total 58.7 18.6 22.8

The difference between workers staying at the construction sites and those staying

at a distance is that the latter are not provided with a place to stay and sometimes other

amenities such as access to stable water and electricity services. Another factor emerging

from the interviews was the influence and power exercised by the labour contractor while

workers live on the site under constant supervision. The data would seem to indicate

workers who live away from their work sites usually visit the naka for finding work and

their socio-economic conditions are slightly better off than workers staying at the site are.

Among women construction workers, 57 per cent of the respondents stay at a distance

and 65 per cent of the men stay at the worksite. In total, 51 per cent of the sample stays at

the worksite and 49 per cent stay at a distance from the work site, as shown in Table 4.

Table 4- Location of residence (in percentage)

Location of residence

Distance from the worksite At work site

Female

57.0 43.0

Socio- Economic background of the construction workers

Male

35.0 65.0

Total

49.1 50.9

Of the sample, the highest count (32.3 per cent), of workers have a household size of 6-7

members, as shown in Table 5. The highest count of household size for women workers

(31.1 per cent) were in the range of 4-5 members in the household. About 4.7 per cent (5

respondents) of the women are single earning members of their families. Out of them: one

is a widow; one of the respondents reported that her husband had met with an accident

and stopped working ever since; while the remaining 3 respondents do not stay with their 159

husbands. The question of single earning members was always responded in relation to

the fact oftheir husband/ partner's work status.

Table 5- Household size (in percentage)

Household Size Female Male Total Single 0 21.3 7.7

2-3 16.9 8.1 13.7

4-5 30.1 31.1 30.5

6-7 36.7 24.5 32.3

8-9 8.4 9.8 8.9

Above 10 3.7 4.9 4.1

Did not mention 3.7 0 2.3

The construction workers start work at an early age and many argue that due to

the nature of their work majority of them retire early. Maximum number of the sample

(21.6 per cent), are in the age group of 35 to 40 years (as shown in the Bar diagram and

Table 6 below), while a substantive number are between the age group of 40 to 55 years

(23.4 per cent) and some are below 20 years of age (7.2 per cent). Among women, the

highest numbers ( 42.1 per cent) are in the age group of 30 and 40 years, while for men

( 45 per cent) are in the age group of 20 to 30 years. In total, 45 per cent of the sample is

in the age group of 20 to 30 years, while 21.8 per cent of them are above 40 years of age .

.-------·-··---

3o r----·-·---·-1

25 +'----

20r----

15 +---

10 +---

Sample Age Distribution

--------------- ·--·-

Below 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60 and Did not 14 Above mention

• Female -Male

160

Table 6- Age composition (in percentage)

Age Female Male Total Below 14 0.9 1.7 1.2 15-19 3.7 10.0 6.0 20-24 8.4 21.7 13.2 25-29 17.8 23.3 19.8 30-34 15.0 8.3 12.6 35-39 27.1 11.7 21.6 40-44 15.0 11.7 13.8 45-49 5.6 6.7 6.0 50-54 4.7 1.7 3.6 55-59 0.9 1.7 1.2 60 and Above 0.0 1.7 0.6 Did not mention 0.9 0.0 0.6

Most of the construction workers have received no formal education themselves

and rarely send their children to school. If respondents did send their children to school,

they did so back in their native villages. The shifting nature of work and residence was

cited as the major reason for the lack of access to education, in addition to lack of the

necessary documentation, such as residency proofs. Long-term migrants (with a stay

reported as over three decades) still face difficulties in sending their children to school

due to financial and documentation constraints. As shown in Table 7, out of the total

sample 67 per cent are illiterate, 17 per cent have passed secondary, 7 per cent have

passed primary, and 5 per cent had completed higher secondary with graduation and

above. The majority of the women interviewed are illiterate (86 per cent) and men

respondents have passed secondary (37 per cent). The maximum number of men (48 per

cent) and women (69 per cent) reported the education status of their spouse to be

illiterate. Many of the men mentioned unawareness of the education levels of their spouse

and 20 per cent made no mention. Thus, due to lack of resources, or no drive to study or

to start work at an early age due to economic compulsion or due to lack of schools, (near

residence) usually these workers are deprived of formal education. As a consequence, a

lack of access to education facilities by the parent generation is replicated with their

children, while those families remaining in their native villages have a greater possibility

of education their children. This low level of education can be indicative of low

awareness levels for these workers.

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Table 7- Level of education (in percentage)

Level of education Female Male Total Illiterate 86.0 31.7 66.5 Literate 2.8 3.3 3.0 Primary 3.7 13.3 7.2

Secondary 6.5 36.7 17.4 Higher secondary 0.0 8.3 3.0 Graduation and above 0.0 6.7 2.4

Did not Mention 0.9 0.0 0.6

The majority of the construction labourers are married (85 per cent), while 13 per

cent are unmarried and 2 per cent are widowed as depicted by the Bar diagram below. In

the category of married respondents 71 per cent are women as are 86 per cent of the

unmarried respondents, while all the widowed group were women. The maximum

number (42 per cent) of the women got married in the age group of 15 to 20 years, while

4 per cent got married in the age group ofbelow 15 years and 1 per cent recorded to have

married when they were above 25 years of age. For men, the maximum number (33 per

cent) got married in the age group of 15 to 20 years, while 25 per cent got married in the

age group of 20 to 25 years. Two per cent got married in the age group below 15, while

27 per cent omitted mentioning. The majority of the women and men got married in the

age group of 15 to 20 years.

Marital status of sample

80% t i

•Female

"Male

0%

Married Unmarried widow

Among women, the highest group (28 per cent) had up to five pregnancies, while

12 per cent reported over eight pregnancies. The number of abortions and miscarriages

are highest in the range of 0 to 3 pregnancies. There is a high rate of infant mortality,

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which is mostly due to lack of access to hospitals and frequent pregnancies. A respondent

also expresses this, " .. .I am 35 and got married at the age of 13. I was pregnant 7 times

but had four miscarriages. The frequent pregnancies and no holidays to recover from

them added to the shifting nature of work have led to so many miscarriages. We cannot

afford to take holidays as each day without work affects our daily livelihood". 10 All

women interviewed used no contraceptives or birth control pills. The majority of the

women (67 per cent) start work in a few days time to a week after the birth of their child.

They carry their infants to the worksite and leave them unattended. None of the

respondents mentioned creche facility at the work site. Similar studies on reproductive

health show that only few women exclusively take care of their health and their infants

after childbirth. 11

Table 8- Reproductive health (in percentage)

Range of no of No of abortions/miscarriages No of pregnancies pregnancies

0-1 21 6 2-3 10 27

4-5 7 28

6-7 5 20

above 8 0 12

The majority of the respondents interviewed were Hindus (92.8 per cent) while 6

per cent were Muslims, as shown in Table 9. Out of the Muslim population, the maximum

number (15 per cent) were men and only one woman respondent (0.93 per cent). Of the

total Hindu respondents, 97.2 per cent were women and 85 per cent were men. Two

women construction workers cited unawareness of religious divisions between Hindu's

and Muslim's. The miniscule number of workers belonging to the Muslim community is

not to argue that workers from other communities predominate construction work. This

10 Testimony of Arona Devi, for further details refer to Appendix I 11 Distress migration: Identity and entitlements; A study on migrant construction workers and the health status of their children in the national capital region, 2007-2008, Mobile Creches publication, 2008; A study conducted in Delhi of migrant women construction workers found almost half of the mothers ( 46 per cent) had their first child before they were 18 years old. 48 per cent of these women were married before 18 years of age and 9.3 per cent had experienced the death of their babies at birth. The children were mostly born in the village and most deliveries (80 per cent) were without a trained birth attendant. Only 32 per cent of the mothers had exclusively breastfed their children till six months and even lower percentages offered colostrums, while the same give their children complementary food during the first six months. All these factors impacted the nutritional grades of the children. 67 per cent of the children were found to be below normal grade.

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analysis is strictly based on the field areas which were mostly dominated by Hindu

population barring one area in the field (H Bloc JJ Colony, Bawana), but women workers

were involved in domestic work and factories. Inputs from this particular area from

women for not working in the construction sector were based on their perceptions on

physical security, financial insecurity, and travelling far for work. As in the case of

Ahmedabad where the communal riots played an important role in decreasing women's

mobility and increasing involvement in home-based work, in Delhi such issues were not

encountered in field interactions.

Table 9- Religious composition (in percentage)

Religion Female Male Total Hindu 97.2 85.0 92.8 Muslim 0.9 15.0 6.0 No response 1.9 0.0 1.2

The total sample consisted of the following caste groups; Scheduled Castes (65.3

per cent), Scheduled Tribes (1.8 per cent), Other Backward Classes (1 0.8 per cent),

General Category (3.6 per cent), Muslims (6.6 per cent), did not mention (1.2 per cent)

and the rest could not be categorised (10.8 per cent). Majority of the men (60 per cent)

and women (68.2 per cent) belong to the Scheduled Castes, as shown in Table 10. The

highest range of 24 per cent of the sample is the caste group Ahirwars from the

Bundelkhand region in Madhya and Uttar Pradesh.

Table 10- Caste composition (in percentage)

Caste groups Female Male Total sc 68.2 60.0 65.3

ST 0.9 3.3 1.8

OBC 11.2 10.0 10.8

General 0.9 8.3 3.6

Muslim 1.9 15.0 6.6

Did not Mention 1.9 0.0 1.2

Could not ascertain 15.0 3.3 10.8

Of the total number of respondents the majority (56.9 per cent) do not cast their

votes, 25.7 per cent cast their vote and about 17.4 per cent reported to have cast their vote

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in their native village. Of the numbers who do not cast their vote women account for 61.7

per cent and men account for 48.3 per cent. Out of the total number of respondents who

vote barring the 'did not mention' and 'don't know' category, the highest number of

women (32 per cent) and men (55 per cent) voted for the Congress Party, as shown in

Table 11. Since most of the workers have no documentary proof of residence, therefore,

they do not possess voting cards. In addition, they live on below subsistence wages and

sometimes do not perceive their situation to change by involving in the political process.

The workers who are seasonal migrants and have a household in the native village are the

ones who cast their votes.

Table 11- Participation in electoral process (in percentage)

Gender BJP BSP Congress Independent Left Depends Did not mention Female 0.0 5.0 32.0 0.0 2.0 7.0 54.0 Male 6.0 10.0 55.0 6.0 10.0 3.0 10.0 Total 3.0 7.0 42.0 3.0 5.0 5.0 35.0

Employment status and wages

On average, comparing men and women, the age at which the maximum number of men

workers start work is between 15 to 20 years (32 per cent), whereas the maximum number

of women workers start work in the age group of20 to 25 years (26 per cent), as shown in

Table 12.

Table 12- Age at the time of starting work (in percentage)

Age when started work Female Male Total Below 15 23.0 18.0 22.0

15-19 17.0 32.0 22.0

20-24 26.0 25.0 26.0

25-29 11.0 8.0 10.0

30-34 6.0 2.0 4.0

35-39 5.0 2.0 4.0

Above 40 3.0 5.0 4.0

After Marriage 9.0 0.0 6.0

Did not Mention 0.0 8.0 3.0

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The majority of the men (65 per cent) and none of the women workers are

involved in skilled work. Skilled work includes masonry, painting, and keeping accounts,

being a plant operator, pipeline work, electrician, and carpenter. Unskilled work includes

head loader and helper, excavation labour, and machine operator.

Most of the respondents shared the view of there being a need for skilled women

workers. On the other hand, society, and the construction industry maintain a strict gender

division of labour whereby women's work is restricted to unskilled labour. The Director

of the Larson and Toubro (L&T} skill-training centre in Mungeshpur, New Delhi,

expressed similar views. This centre was started in 2005, and a total number of 2,396

workers (all men) have been trained till now out of which 1,744 were given placement. In

1986, the L&T bought formwork machine from Austria to replace conventional

equipment, increasing the requirements for trained labour. This centre was started to train

skilled workmen and augment the corporate social responsibility and support rural youth.

Today, there are 7 institutions in 7 regions all over India. In Delhi, it specialises in the

training for formwork, carpentry, bar bending, masonry, electrical work, and assistant

general tradesmen. One session can include up to 250 - 300 men. The course structure is

divided into 20 per cent class room learning and 80 per cent practical work. The duration

of the course is three months and there is no fee charged. The private sector company

provides uniforms, a place to stay and a stipend of Rs 1 ,500 per month for three months.

Over the past year the company decided to recruit the trained workmen in L&T itself. The

eligibility for skill training is for the worker to be between the age group of 18 to 35 with

some minimum educational requirements. 12 Government bodies, NGOs, and mostly ex­

trainees send the potential trainees to this institute. This centre in collaboration with the

labour ministry issues a vocational training certificate to all the trained workers. Though,

the company believes it is important to train women as a policy they do not currently have

any in training. This training centre would respond to a demand of skilled women

workers. 13

There is a monetary correlation to the skill level of workers and the numbers of

years spent working in the construction sector. In broad terms, wages below Rs 175 and

wages above Rs 200 are considered the monetary equivalents for unskilled work and

12 For electrician training it is mandatory to have 2 years experience in ITI, for bar bending secondary pass certificate is needed, for carpentry one should have completed education till 8th standard, and for masonry one needs to have studied till 5th standard. 13 Interview with Major Amar Nath as on 5th October 2008, Director of the Larson and Toubro Training Centre, Mungesgpur, New Delhi.

166

skilled work respectively. Majority of the sample, were unskilled, and receive daily

wages below Rs 175, as shown in Table 13. The majority of women (82.3 per cent) earn a

daily wage in the range of Rs 60 to 124 and the majority of men (71.4 per cent) earn in the

range of Rs 60 to 174. The rest of the women (9.3 per cent) earn daily wages below Rs

60. Among men respondents, none earn wages below Rs 60. 33.4 per cent of the skilled

men earn wages ranging from Rs 200 to Rs 274, while 10.3 per cent of the skilled men

earn wages between Rs 275 and Rs 299. Women do not receive equal remuneration in

accordance with the Equal Remuneration Act 1976. Their wages are lower than what men

receive for the same unskilled work (for instance women receive up to Rs 124 for

unskilled work, whereas their male counterparts receive up to Rs 174). The field work

was undertaken in 2008 and 2009. As per minimum wages of the government in Delhi in

2008; the minimum wages for unskilled workers was Rs 140 per day, for semi-skilled

workers was Rs 146 per day and for skilled workers was Rs 156 per day. 14

Tablel3- Wage rate in accordance with skills (in percentage)

Wage rate Skilled Unskilled Total Female Male Female Male

Below 60 0.0 0.0 9.3 0.0 6.0

60-79 0.0 0.0 15.0 4.8 10.2

80-99 0.0 0.0 37.4 23.8 26.9

100-124 0.0 10.3 29.9 14.3 23.4

125-149 0.0 15.4 3.7 9.5 7.2

150-174 0.0 15.4 0.0 19.0 6.0

175-199 0.0 12.8 0.0 0.0 3.0

200-224 0.0 23.1 0.9 0.0 6.0

225-249 0.0 7.7 0.0 0.0 1.8

250-274 0.0 2.6 0.0 0.0 0.6

275-299 0.0 10.3 0.0 0.0 2.4

Above 300 0.0 0.0 1.9 0.0 1.2 Did not mention 0.0 2.6 1.9 28.6 5.4

The minimum wages in Delhi in 2009; for unskilled workers were Rs 152 per day,

for semi-skilled workers was Rs 158 per day, and for unskilled workers was Rs 168 per

day. 15 The Minimum Wages of Delhi, as per February 1st 2010; for unskilled workers was

14 http://labour.delhigovt.nic.in/order/minimum wage/order.html 15 http://labour.delhigovt.nic.in/order/order new190209.html

167

Rs 203, Rs 225 for semi-skilled workers and Rs 248 for skilled workers. 16 Overall, very

few workers were aware of the labour law provisions and none had ever challenged the

owners/ contractors or filed a case in court for non-payment of equal remuneration and

mmtmum wages.

As mentioned in Chapter one there can be various forms of labour recruitment

processes. Naka I Labour chowks are street comer labour markets (locations where

workers gather in the early mornings), which are characterised as labour recruitment

centres and usually result in assignments of short durations ranging from one day to a few

weeks. This work scenario is very different from workers at construction sites, where

there is a more durable relationship between the contractor and his workers along with

promise of stability of work and sometimes accommodation at the sites. The labour

recruitment at construction sites are mostly channelled through the jamadar (jobber/

labour contractors) who recruit directly from their native villages or urban slums and

move as groups from one site to another as and when there is demand for labour. Usually

the wages are slightly higher for workers recruited at the nakas compared to those

working in the construction sites (as mostly the jobber's commission is deducted from

their wages).

The nakas generally have a preponderant majority of masons and masonry

assistant along with workers from other construction trades such as carpentry, painting,

polishing and unskilled workers. Most of the nakas are predominantly male territorial

spaces, with separate spaces marked out for women (there are sometimes also regional

and caste based divisions). There are some nakas in Delhi which are rarely visited by

women. 17 In this sample, 89 per cent of the women do not visit nakas, while for the rest

the jamadar reaches out to them whenever there is availability of work. This reflects the

lack of bargaining power and preference for regular work, even if it pays less. Some

women also shared their reluctance to work at an individual level instead and be recruited

at a nakas, choosing to work with contractors on sites accompanying their husbands or

other migrant families. As is expressed by a respondent, " ... We migrated to Delhi in 1975

16 http://www.Jabour.nic.in 17 Also reflected by other studies on women construction workers in Delhi; The report Mapping of Construction workers in National Capital Territory of Delhi, A study commissioned by the Labour Department, Government of NCT of Delhi, 2008, highlighted the sexism inherent in the construction industry and in the larger society by looking at the dynamics of exchange at the labour chowks. At an overwhelming large number of chowks in Delhi the report highlighted that women did not get to bargain for their own labour, women in fact were rarely seen in the nakas. Chowks were women where a rarity was the labour chowk at Sarai Kale khan entrance ofHazrat Nizamuddin Railway Station.

168

from Chattarpur in Madhya Pradesh. We own 2.5 acres of land in the village but due to

droughts it is impossible for agricultural purposes. I started work after marriage at the age

of 12 as a headloader ... I have never visited the naka and instead have worked with the

samejamadar for the last two decades ... We prefer to work with thisjamadar as there is

assurance of work every time we finish work at one particular site. We have travelled all

over Delhi in many construction sites. Usually, if, we start work at big construction sites

the work takes 2 to 3 years to finish". 18

The majority of the men (83 per cent) do not visit the nakas, while the rest (17 per

cent) visit the nakas to find work, as shown in Table 14. Men who visited the nakas

reported the instability in availability of work as the main reason (65 per cent), with at

most 20 work days in a month. 19 Majority of the women (87 per cent) reported

availability of work for only 15 days in an average in the month. This is amply clear from

a respondent in the field, " .. .I started work in the construction sector after migrating from

Chattarpur in Madhya Pradesh 20 years back. I left work last year. I used to work as a

headloader and never visited the naka. I started work when the daily wages were Rs 20

and left work when they were Rs 80. I used to accompany my husband in construction

sites. One reason, other than age, was non-availability of work in construction, which

made me decide not to continue work in this sector. By the end of it I would get only 10

to 15 days of work in a month. This was not enough to sustain myself and my family. My

husband still works as a headloader and receives Rs 150 as wages on a daily basis and we

somehow survive with that"?0 This non-availability can be due to reduction in demand

for work in the unskilled category as most of the work is done by machines. The

replacement of women unskilled workers by skilled men and machines holds true for this

sample. Sometimes women also face discrimination based on age and other factors such

as physical strength.

18 Testimony ofLalti Bai, for further details refer to Appendix I 19 Also reflected in other studies on construction workers, in Delhi: in the Report on Construction Sector Workers, Street Corner markets, Micro- Enterprises and A Demonstration Initiative in New Delhi, Support for Policy and Programme Development (SPPD) Project, United Nations Development Programme, and International Labour Organisation, 2005, was based on interview method of approximately 150 male construction workers (in nakas) in five zones of Delhi. The survey showed majority of them are not members of any trade unions, also the work availability in month is very poor, and this study shows that ten skilled workers get work only up to 21 days in a month. Also the majority of them have acquired their skills from parents, relatives, or master craftsmen and less than 1 per cent of the workers have received institutional training. 20 Testimony of Bhumani Bai, for further details refer to Appendix I

169

To cope up with non-availability of work for most of the days in a month

organisations like SEW A in Ahmedabad have started training women workers in skill

upgradation methods whereas in Delhi this is not the case. The demand for skill

upgradation did not come up in field interactions with women workers themselves.

Table 14- Seeking work at the naka (in percentage)

Do you visit the Naka Yes

No

Female 11.0

89.0

Male 17.0

83.0

Total 13.0

87.0

The data revealed no correlation between being recruited from the nakas and

receiving daily wages. Wage payments depend more on the time required to finish the

work and the discretion of the jobber/ labour contractor/ gang leader. Construction

workers getting paid at an irregular basis (24 per cent) means they receive wages as and

when it is convenient to the labour contractor (i.e. no fixed consistent day of the month to

receive wages). Sometimes, it varies from daily (14 per cent), weekly (12 per cent),

fortnightly (32 per cent), monthly (1 0 per cent) to being completely irregular (for instance

4 per cent get paid every 3 to 4 days, but not consistently). The maximum number of the

women (26 per cent) receive their wages at irregular intervals, and men ( 45 per cent)

receive wages fortnightly, as shown in Table 15.

Table 15- Frequency of receiving payment (in percentage)

Frequency of receiving wages Female Male Total Every 3-4 days 4.0 5.0 4.0 Daily 20.0 3.0 14.0

Depends 26.0 20.0 24.0

Every 15 days 24.0 45.0 32.0 Every 8 days 3.0 5.0 4.0 Every week 18.0 2.0 12.0 Monthly 5.0 20.0 10.0

There is no equivalent meaning attached to rokri I kayam in the north belt. These

terms were used in local parlance in Ahmedabad to denote the nature of work in the

construction industry. Rokri means workers would get work on a day-to-day basis and

would be hired at labour chowks. Kayam work refers to workers tied to one particular

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contractor and work in sites where he takes them (also travel in gangs). They do not visit

the nakas. The wages are higher if the worker visits the naka but then there is no

regularity of work. On the other hand, if the worker works with a contractor there is

regularity of work but then the wages are very less as a percentage of the wage has to be

paid to the labour contractor as his commission. In both the situations, the worker gets an

average of Rs 2000-3000 per month. The wages over the last 20 years might have risen

but with a simultaneous price rise there has not been any improvement in the standard of

living of these workers.

The facilities at the construction sites are abysmal due to no effort on the part of

the principal owners to provide for them, as shown in Table 16. The majority of workers

report no access to latrine facilities (reported by 94 per cent of the women and 83 per cent

of the men) and drinking water facilities (reported by 53 per cent of men and 42 per cent

of the women) at the worksites. There is no provision of creche for the children and

overtime facility in any of the sites visited. The workers have no labour cards and no

system of registration of attendance, though in the DDA site and D Mall, the contractors f

issue a card where the labour contractor registers attendance, but this is still an informal

arrangement and not all entries are made on the muster roll.

Sixty-one per cent of the women and 67 per cent of men register attendance, but

87 per cent of the women and 97 per cent of the men reported to have had no labour card.

Almost all workers get a one-hour break during the day, barring a few men who work for

12 hours without any break during the night. Fifteen per cent of women and 23 per cent of

men have had accidents at the worksite, while the majority (61 per cent of the women and

50 per cent of the men) have not received any compensation for injuries occurring while

at work. Ninety-eight per cent of the women and 95 per cent of the men work throughout

the year. Eighty-nine per cent of the women and 98 per cent of the men reported not

receiving any bonuses. Two per cent of the men and 11 per cent of the women were

unaware of what bonus meant.

The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996, provides for: safety, health, and other welfare measures

for workers (adequate drinking water, latrines, and urinals; accommodation; creches,

first-aid, and canteens at the work site; fixing hours for normal working day inclusive of

one or more specified intervals; a day to rest in every period of seven days; payment of

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work on a day of rest, at the overtime rate, and wages at the rate twice the ordinary rate of

wages, for overtime work).

Table 16- Facilities at worksite (in percentage terms from aggregated data)

Facilities at the Yes No Depends Never Heard worksite

Female Male Female Male Female Male Female Male

Toilet 6.0 8.0 94.0 83.0 0.0 8.0 0.0

Drinking water 42.0 53.0 58.0 38.0 0.0 8.0 0.0

Register 61.0 67.0 38.0 33.0 0.0 0.0 1.0 attendance

Do you have a 7.0 3.0 87.0 97.0 0.0 0.0 7.0 labour card

Break during the 97.0 95.0 3.0 5.0 0.0 0.0 0.0 day

Accident at 15.0 23.0 85.0 77.0 0.0 0.0 0.0 workplace

Compensation 14.0 38.0 61.0 50.0 25.0 12.0 0.0 for accident

Almost all the provisions guaranteed by the Act, are being violated, by most of the

owners/ contractors, of these construction sites. In most instances, workers themselves are

unaware of the provisions granted by the Act. Some workers who are aware of the

provisions do not report the violations due to threat oflosing their jobs.

Table 17 shows the maximum number of women (47 per cent), and men (42 per

cent), work for 9 hours on a daily basis. Thirty three per cent of the men work for 12-hour

shifts. The majority of the workers reported that due to the nature of the work they take

longer to finish the tasks, as it is time bound. The hours of work are determined by

informal calculations depending on when the given tasks finishes, or ultimately at the

discretion of the jobber. This is one instance of the level of informality specific to this

sector.

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0.0

0.0

0.0

0.0

0.0

0.0

0.0

Table 17- Working hours (in percentage)

Working hours Female Male Total Less than 8 hours 1.0 0.0 1.0

8 hours 30.0 18.0 26.0

9 hours 47.0 42.0 45.0

10 hours 6.0 5.0 5.0

11 hours 3.0 2.0 2.0

12 hours 5.0 33.0 15.0

More than 12 9.0 0.0 6.0

This research reveals the maximum number of women (44 per cent), and men (35

per cent), reported never to have saved money, as they spend what they earn on

subsistence, as shown in Table 18. Some workers save money to send to their family in

their native village. In this sample, 2 per cent (all men) saveRs 6000-Rs 8000, 2 per cent

(all male) save above Rs 8000 in a month to be sent to the village back home. In addition,

the propensity to save comes from several other factors, including family size, amount of

expenses, number of family members, number of earning members in the family, whether

single migrant in the city, skill level of the earning members in the family etc. The

majority of respondents reported that after money spent on daily expenses, health

emergencies, repayment of old debts, there is hardly money left to save.

Table 18- Savings (in percentage)

Savings Yes Never Did not mention Depends

Female 22.0 44.0 32.0 2.0

Male 55.0 35.0 5.0 5.0

Total 34.0 41.0 22.0 3.0

As migrant construction workers have meagre savings, it is difficult to gather

money at the time of need (for instance illness, marriage, repayment of old debts). These

workers usually borrow money from friends, relatives, moneylenders, jamadars, or

neighbours, as shown in Table 19. The majority of the workers (32.3 per cent) borrow

money from the moneylenders with interest. Twenty per cent of the respondents pay an

interest of 5 per cent on the money borrowed while 2 per cent pay 10 per cent, 78 per cent

made no mention of these details. In this sample, people mainly took loans or borrowed

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money for paymg back past debts, mamage related expenses and due to special

circumstances, such as the death of a family member. The maximum number (23 per

cent), of respondents took loans for illness related expenses.

Table 19- Groups/ individuals lending money (in percentage)

Groups/ individuals lending money Female Male Total Relatives 1.9 1.7 1.8 Friends 6.5 20.0 11.4 Moneylender 32.7 31.7 32.3 Neighbour 18.7 1.7 12.6 Thekedar/ jamadar 16.8 30.0 21.6 Noone 23.4 15.0 20.4

Although, the earned income of construction workers hardly meets their expenses,

the majority still believe they have no other option for employment other than

construction sector (reported by 60 per cent of the women and 75 per cent of the men).

While some of the men expressed interest in working as farmers, drivers, vendors, in

factories or in a sector other than construction, the only other option for women other than

construction was working as domestic helps.

There is strict gender division of work within the household for these workers as

women are mostly involved in domestic work along with working outside. Men mostly

help get fire wood and fill water, rarely attending to helping with the children. Usually

female relatives; daughter, sister, daughter- in- law, mother- in- law, help women in

domestic work and take care of children. 63 per cent of the women and 60 per cent of the

men help their spouse in domestic work, as shown in Table 20.

Thirty seven per cent of the women who reported of not being involved in

domestic work have other female members of the family engaged in the domestic work.

The maximum number of women (42 per cent) take their children to the worksites. The

rest, leave them at home with elder daughters or female relatives. Only 5 per cent send

their children to school. For all women construction workers, the realm of domestic work

(involving cooking, cleaning, washing, taking care of children and the old, collecting

firewood, carrying drinking water) was intrinsic to their roles as women and was not

considered as work.

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The majority of the women (60 per cent) mentioned that their husbands were

engaged in non-skilled construction work and maximum number of the men (47 per cent)

did not mention anything specific. While 39 per cent of women reported that their

husbands were involved in skilled construction work, only 12 per cent of the men

reported their wives worked as head loaders and 2 per cent were engaged in domestic

work. One interpretation of this can be that their wives are not engaged in any kind of

remunerative employment. Also, most of the men who were interviewed for the purpose

of this research were single male migrant workers with their wives in the village of origin.

Other than construction and domestic work, both men and women mentioned bidi

making, working in shops and other odd jobs as means to earn a living.

Of the total sample, all the men receive their wages directly and 15 per cent of

them receive the wages on their behalf of their spouse. For women, 21 per cent have

husbands or partners, sons and fathers who receive their wages and rest receive their

wages directly (79 per cent). Women reported to have made minor and major decisions

for the household but sometimes it is not possible to determine deeply ingrained

patriarchal biases.

Table 20- Determining gender roles (in percentage)21

Determining Do you help in domestic Is your wage given to Is your spouse's wage gender roles work you given to you

Yes No Yes No Yes No

Female 63.0 37.0 79.0 21.0 0.0 100

Male 60.0 40.0 100.0 0.0 15.0 85.0

Migration patterns of the workers

All respondents migrated to the city in search of employment barring 6 per cent who

came to the city after marriage (all women). The majority of the men and women are

family migrants ( 40 per cent and 98 per cent respectively), while the rest are single

migrants. The maximum number of women (43.8 per cent) and male family migrants

(41.7 per cent) have migrated to the city within the last 10 years, as shown in Table 21.

21 I 00 % represents I 07 counts for women and 60 counts for men

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Table 21- Migration pattern (in percentage)

Years of Single migration Family migration Total migration Female Male Female Male 0-1 0.9 25.0 20.0 5.6 18.0 2-4 0.9 33.3 8.6 16.7 14.4 5-9 0.0 16.7 15.2 19.4 16.2 10-14 0.0 8.3 12.4 5.6 10.2 15-19 0.0 0.0 8.6 2.8 6.0 20-24 0.0 0.0 14.3 0.0 9.0 25-29 0.0 8.3 2.9 2.8 3.6 30-34 0.0 0.0 3.8 2.8 3.0 35-39 0.0 0.0 0.0 0.0 0.0 40-44 0.0 0.0 0.0 0.0 0.0 45-49 0.0 0.0 0.0 0.0 0.0 Second 0.0 8.3 3.8 25.0 9.0 generation Third generation 0.0 0.0 0.0 5.6 1.2 After Marriage 0.0 0.0 9.5 0.0 6.0 Did not mention 0.0 0.0 1.0 13.9 3.6

Among single male migrants, almost all have migrated in the last 2-4 years. Only

9.5 per cent of the women family migrants come to the city after marriage, whereas only

two respondents were single migrants to the city, but stay with extended family in the

city. Therefore, the migration patterns of women depict the interconnectedness with the

institution of the family and most of them have permanently migrated from their

originating villages. On the other hand, single migrant men have their families back home

in the native village and frequently visit their homes but are not seasonal migrants as they

are not involved in farming related activities.

In this sample, the construction workers mostly migrate from the states of

Bihar, Chhattisgarh, Haryana, Madhya Pradesh, Uttar Pradesh, and West Bengal.

Majority of the migrants are from the Bundelkhand region, which is a border between

Madhya Pradesh and Uttar Pradesh, which comprises of the region- Jhansi, Orcha,

Chattarpur, Mahoba, Lalitpur, Khajuraho, Rewa, and Chitrakoot. In Bihar, mostly

migrants come from Khagaria, followed by Aurangabad, Motihari, Katehar, Bhagalpur,

Baka, Saharsa, Gaya, Arval, Samastipur, Mehboobpur, Meghupur, and Muzaffarpur. In

Chhattisgarh, workers migrate from Bilaspur and Raipur, followed by Durg,

Rajnandgaon. Migrants from Haryana are from Meham in Rohtak and Murthal in

Sonepat. The majority of the migrants in the total sample originate from Madhya Pradesh;

(within which 60 per cent migrate from Chattarpur, 37 per cent from Mahoba and rest

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from Naugam and Jabalpur). In Rajasthan, workers migrate from Ajitgarh, Nagore,

Jaipur, Jodhpur, Fatehpur, Dausa, and Alwar. In Uttar Pradesh, workers migrate from

Mau, Hamirpur, Jhansi, Moradabad, and Etawah.

Lastly, workers from West Bengal migrate from Maida, Bardhaman, Nadia, Uttar

Dinajpur, and Murshidabad. As mentioned earlier, the single male migrants from West

Bengal, ('Maida Labour') in the sample were interviewed in the DDA site and Talkatora

Stadium. They are employed for 50 to 52 days at a stretch. They work for 14 hours a day

and receive Rs 125 per day as wages. The contractor provides three meals a day and

deducts Rs 25 per day for the food. They are usually sent back to their villages after 52

days. This breaks their continuity of service and deprives them of the entitlement they

could claim after two months of continuous service.

The migrants are not seasonal migrants as the maximum number (32.3 per cent),

are landless. Approximately 31.7 per cent of men and 32.7 per cent of the women owned

no land, as shown in Table 22. Among the respondents who owned property, the highest

number of the men (21.7 per cent) and women (30.8 per cent) owned property up to three

b. h 22 zg as.

Table 22 -Property in terms of land in Bighas (in percentage)

Property Female Male 0-1 16.8 16.7 2-3 14.0 5.0 4-5 6.5 8.3 6-7 0.9 0.0 8-9 0.9 1.7 10-11 1.9 1.7 12-13 0.0 3.3 14-15 0.0 0.0 16-17 0.9 1.7 18-19 0.0 0.0 20-21 3.7 3.3 Above 22 1.9 0.0 Did not mention 19.6 26.7 No land 32.7 31.7

Total 16.8 10.8 7.2 0.6 1.2 1.8 1.2 0.0 1.2 0.0 3.6 1.2

22.2 32.3

Of the total sample, 5 per cent had their land mortgaged and only 3 per cent

reported of insufficient land for cultivation. Fifty four per cent of the total respondents

22 Here one bigha is equivalent to one fourth of an acre. The equivalent of bigha and acre differs from state to state. Since most of the migrants come from the Bundelkhand region where this equation is used for calculations this has been used.

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reported droughts as obstacles to cultivating land, while 30 per cent of the sample

reported agriculture problems in general within their native village and, therefore, no

avenue for income.

The majority of respondents had only one acre of land, as the constant division of

land over the generations had diminished their plots and made them insufficient to

maintain agricultural production. The reasons for migration were starvation,

unemployment, indebtedness and the possibility of work for survival.

Sometimes second or third generation migrants usually did not return to their

native villages of the preceding generation or visiting once in 10 years to maintain

nominal ties with their villages and extended families. The overall frequency for returning

to the village is very regular (for instance multiple times, occasionally, or for

emergencies) for migrants who have part of their family/ larger family back in their native

village. Once in a year could be interpreted as seasonal migrants, but this research option

is ruled out as the migrants did not respond in large numbers to being engaged in

agricultural activities. In this sample, it is amply clear that the sample is rather pushed out

from their villages.

Some migrants who migrated to Delhi for the Asian Games of 1982 stayed back

and continued work in this sector. For the purpose of this research they are referred to as

third generation migrants. The men (41.7 per cent) and women (53.3 per cent) in this

sample who visited their native village only once a year is in highest, as shown in Table

23.

Table 23- Frequency of going back to native village (in percentage)

Frequency of going back to native village Female Male Total Don't go 3.7 8.3 5.4 Emergencies 1.9 0.0 1.2 Multiple times 13.1 21.7 16.2 Occasionally 13.1 6.7 10.8 Once a Year 53.3 41.7 49.1

Once in 2 years 0.0 1.7 0.6

Once in 10 years 2.8 3.3 3.0 Only for Festivals 12.1 16.7 13.8

Due to the nature of construction work, the majority of the workers change the

location of their stay alongside the sites they work at, reducing the burden of transport

costs and maximising opportunities to find employment. The maximum number of 178

women (38.3 per cent) changed their location of residence multiple times, whereas the

maximum number of men (53.3 per cent) changed their location of residence only once,

as shown in Table 24. This calculation is subject to the number of years spent working in

the construction sector.

Table 24- Frequency of shifting residence (in percentage)

Frequency of shifting residence Female Male Total Once 17.8 53.3 30.5 Twice 23.4 15.0 20.4 Thrice 1.9 5.0 3.0 Multiple times 38.3 13.3 29.3 Never 18.7 10.0 15.6 Did Not Mention 0.0 3.3 1.2

Majority of the respondents have been staying constantly at one place of stay

between the range of few months and 5 years, as shown in Table 25. Even the second and

third generation migrant workers (who actually do not refer to themselves as migrants)

have been shifting their residential arrangements from one place to another pointing out

the non-permanence of this trade.

Table 25- Non-permanence of residential arrangement (in percentage)

Non-permanence of residential arrangement Female Male Total Few months 18.7 20.0 19.2 1-4 43.9 45.0 44.3 5-9 5.6 0.0 3.6 10-14 11.2 3.3 8.4 15-19 5.6 3.3 4.8 20-24 6.5 3.3 5.4 25-29 3.7 0.0 2.4 Above 30 2.8 18.3 8.4 Did not mention 1.9 6.7 3.6

Until the late 1970s, Delhi in-migrants originated predominantly from Rajasthan

and Chattarpur (Uttar and Madhya Pradesh border) for the Asian Games construction.

After 1979, the mainstay of the construction workers came from east Uttar Pradesh and

Bihar (first generation migrants), since there was a decline in available of employment in

their native villages, settling in Delhi permanently. Today the situation in the city is that

50 per cent originate from east Uttar Pradesh and Bihar, while 50 per cent are from

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Chattarpur and Rajasthan. In recent years, many migrants come from Chhattisgarh and

Bilaspur. Most of the workers are permanently pushed out (due to starvation) of their

villages and come to cities to engage in construction work with little incentive to return to

their native villages. Most travel in groups to different parts of the city, arriving to the city

as a group with a leader or person who already holds employment (from their native

village). Once settled, they are joined by their families.23

Unlike in states such as Kerala, Gujarat, and Tamil Nadu, where there are strong

divisions between local and migrant workers, in Delhi mostly all the construction workers

are migrants. The process of implementation of state laws and the beneficiaries pertaining

to the construction sector becomes difficult with migrants, as most of them are not

eligible for benefits in states other than where they are permanent residents. For instance

the biggest fallout of the implementation process of the Building and Other Construction

Workers Act (Regulation of Employment & Conditions of Service) of 1996 in Kerala has

been that workers from other states do not get its benefits as it was only applicable for

workers from Kerala. In its initial implementation process, such a clause would have been

included as an attempt to curb migration, yet as it is a Central Act, this issue should be

solved once it is implemented across all states of the Union Territory oflndia.

The migrants initially work as unskilled workers and gradually, over a period of

time, attain specific skills. This, however, only regards men, as women workers do not

enjoy such opportunities; they work as unskilled workers their entire lives. An interesting

point noticed at the DDA site, was once a skilled male worker got a permanent job with

the government, he would subcontract it to others while he takes on the role of a

contractor. In such a method, the transition, for men, from unskilled to skilled worker, to

a labour contractor or a jobber advances quickly.

Union participation and awareness of labour laws

Of the total sample survey, only 14 per cent of the women and 30 per cent of the men

were unionised. Of the rest, 34 per cent of the women and 3 per cent of the men have

never heard about unionisation. Most of the workers were hostile towards interactions

from union workers and outsiders as they perceive them as either threat to their work

status or being manipulative (in furthering their own interests). Of the total respondents,

23 Interview with Subhash Bhatnagar, founder member of Nirmaan Mazdoor Panchayat Sang am ( Union of Construction Workers) in New Delhi, as on 3rd October 2008

180

5.98 per cent were affiliated to Nirmaan Mazdoor Panchayat Sangam (union of

construction workers) and 13.77 per cent were a part of SEW A Delhi. Those unionised

attend regular meetings and join campaigns on behalf of the union. The women members

of SEW A have registered with the Welfare Board and a few have started receiving the

first instalments as scholarships for their children's education. The members of Nirmaan

Mazdoor Panchayat Sangam reiterated how they could bargain with the contractors for

accident compensation with the support of the union.

In 1988, the Nirmaan Mazdoor Panchayat Sangam started umomsmg

construction workers in Delhi, leading the national level campaign for the implementation

of specific legislation for construction workers. There were strong difficulties in

unionising workers on big construction sites and at work sites, due to confrontations with

the employers. The union turned to unionising workers in small construction sites in

residential areas of the North West Delhi. This union has been active in the process of the

drafting and legislating the Building and Other Construction Workers Act, 1996. In 2005,

the union in collaboration with the National Commission for Women organised 5 public

hearings on women workers and their problems in Delhi, Mumbai, Bangalore, Madras,

and Patna. The difficulty to unionise women construction workers was found in most of

the hearings, as most women workers have no time after working full time inside and

outside the home for union activities. Also, with globalisation and mechanisation they

were increasingly replaced from their jobs by men and machines. One of the respondents

and union member of Nirmaan Mazdoor Panchayat Sangam expressed the view that it is

easy to unionise women from Chattarpur and Rajasthan compared to women from Bihar,

as they were more open to understanding the reasons behind the necessity of women's

participation in unions.

Another major finding after the hearings was that there was no provision for

women workers after retirement. Women construction workers older than 45 years of age

no longer get regular employment, but in case they need to access the retirement benefits

as per the Welfare Board schemes instituted by the Building and Other Construction

Workers (Regulation of Employment & Conditions of Service) Act 1996, they need to

keep paying the nominal amount till the time they are 60 to be able to receive benefits,

which is very difficult for them. Another issue which the union is working towards is

fighting against sexual harassment on work sites. None of the respondents (part of the

union) expressed any form of harassment of this nature faced, while women were of the

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opmwn that they would take it up with the umon and authorities m case of such

occurrences.

SEW A, Delhi, organises women workers in the informal sector to protect their

livelihoods, work towards their skill development and creating market linkages. The

eleven guiding principles or areas of work of the SEW A union are employment, income,

nutritious food, health care, housing, assets, organised strength, leadership, self-reliance,

education, and childcare. Their work in Delhi started in 1999 by organising vegetable

vendors in Jahangirpuri and starting a self-help group. At present, they have 28,024

members who are mostly street vendors, construction workers, home-based workers and

domestic workers. The union work over the last three years has been to register

construction workers through registration camps and door-to-door campaigning with the

Delhi Construction Workers Welfare Board. To date, 1,100 workers have been registered

in Anandvihar, Sunder Nagri, Raghubir Nagar, Rajiv Nagar, Gokulpuri, Punjabi Bagh,

and Timarpur. SEW A also plays an important role in advocacy with the state government

to claim benefits allocated to workers in the Welfare Board. The union is also part of

CWG-CWC (Commonwealth Games Citizen's Initiative for Workers, Women and

Children's Rights), which is a workers' rights initiative in the wake of the Common

Wealth Games 201 0 to be held in Delhi?4 SEW A Delhi's work over the years among

women workers was evident in field responses, " .. .I have been a part of SEW A Delhi for

the last 9 years. SEW A has brought in many positive changes in our lives. My children

attend school and I have received the first instalment for their education. Through SEW A

I now borrow money at reasonable interest rates and also know about the Welfare Boards

and the registration process".25

Of the total sample, 97.2 per cent of women workers and 71.7 per cent of the

men workers were unaware of the Building and Other Construction Workers (Regulation

of Employment & Conditions of Service) Act 1996, the Equal Remuneration Act 1976

and the Minimum Wages Act 1948. While 28.3 per cent, of the men respondents knew

about the above-mentioned Acts and a very small proportion of the women respondents

knew about the laws, as shown in Table 26. The workers in total who were aware of the

24 Interview with Sakshi, part of SEW A Delhi as on November 61h 2009, New Delhi

25 Testimony of Sita Devi, for further details refer to Appendix I

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laws were all SEW A members barring three men construction workers who were not a

part of any unions.

Table 26-Awareness about labour laws (in percentage)

Gender

Female

Male

Yes 2.8

28.3

Awareness about the law No 97.2

71.7

There has been active participation of umons such as Nirmaan Mazdoor

Panchayat Sangam and SEW A in the drafting and implementation process of the

Building and Other Construction Workers Act of 1996 and the registration of workers

with the Delhi Construction Workers Welfare Board. Since the Nirmaan Mazdoor

Panchayat Sangam was active member of the National Campaign Committee for Central

Legislation on Construction Labour (NCCCL), it is important to emphasise the process of

implementation of the Building and Other Construction Workers Act, 1996, at the

national level and in Delhi.

In 1985, construction workers unions from Tamil Nadu, Kerala, and Kamataka

organised a national level meeting in New Delhi to discuss the issue of non­

implementation of labour laws in the construction industry. As there were no direct

employer-employee relationships in the construction industry and no permanent

employment, a need was felt to have a separate law for construction workers. It was also

felt that labour laws, specifically meant for the organised sector, could not be translated

directly to the unorganised sector due to the nature of informality in the unorganised

sector. The demand for an alternate law, which could address the above mentioned issues,

arose. The national campaign drafted a Bill in 1986 to the petition committee of

parliament and with each election term campaigned with different political parties to

include the implementation of this Bill in their mandate. In the decade long campaign

there was huge opposition from the builders lobby and finally in 1995 an ordinance was

passed, which was jointly opposed by the national campaign committee and the builders

lobby. In 1996, the government passed the Bill (the present Act) and the national

campaign committee made 20 amendments to it. One of the amendments made was to

change the provision that the centre would collect all the money and disburse to the state

boards, the campaign committee wanted the state boards to function independently, and 183

this petition was granted. Moreover, the campaign had voiced a need for a tripartite board

with representatives from the government, employers, and the workers to actively collect

the cess and register workers to be able to disburse social security, this was not granted.

With the first amendment granted, finally the Building and Other Construction Workers

Act was passed in 1996.

Social security benefits m Delhi under the Building and Other Construction

Workers Welfare Cess Act, 1996, with the creation of Welfare Boards are: pensions of Rs

150-Rs 450 after attaining 60 years of age and Rs 100 as family pension, financial

assistance of Rs 50,000 in case of death due to accident at work and Rs 15,000 in case of

death due to other reasons, funeral expenses Rs of 1 ,000, financial assistance of Rs 5,000

to purchase tools, a medical allowance of Rs 1 ,000, financial assistance for marriage,

housing loan, payment of insurance premium, educational benefits, disability pension and

other benefits?6

In 2002, the rules under the Building and Other Construction Workers (Regulation

of Employment & Conditions of Service) Act 1996 were notified and the Welfare Board

was formed in New Delhi. One major task of this board was to register construction

workers so they could enjoy the benefits of the schemes as per the 1996 Act. Yet, until

2005, no work had commenced to enhance the registration process. Eventually, the

Board's term was extended until 2006, but only approximately 1,000 registrations were

completed until then. By October 2008, only 14,000 workers were registered out of the

total number ofbetween 800,000- 900,000 construction workers in Delhi. Out of 14,000

registrations, the active registrations number only approximately 2,000. The reason being

was who first registered two years ago have not renewed their registrations as there were

no short-term benefits been given by the government.27 By March 2010, number of

registered workers was 23,000 and live registrations were 5,000. In addition, a cess worth

Rs 350 crore has been collected from builders.28 Yet, only one worker has received an

accident claim from this fund and 1 00 children have received scholarships, while three

creches were established as ofMarch 2010. 29

26 The above mentioned statistics are from the labour commissions office, New Delhi 27 Interview with Subhash Bhatnagar as on 3rd October 2008, founder member of Nirmaan Mazdoor Panchayat Sangam (Union of Construction Workers) in New Delhi 28 From the documentation Centre ofCWG-CWC (Commonwealth Games Citizen's Initiative for Workers Women and Children's Rights) Delhi, 20 I 0 29 Harsh Mander, 'Labour's love lost: the rights of Commonwealth Games construction workers are being violated', Hindustan Times, New Delhi, March 18,2010

184

There is no government administration machinery, no publicity of its activities by

the Board for the process of registration of construction workers. In some states, the

Labour Departments are part of the Board and they can take initiatives to register the

members, which was not the case in Delhi. Initially, it was decided that the Municipal

Corporation of Delhi, which is divided into regions, would subcontract the work of

registration to a company called the Electronic Corporation of India, who would

subcontract it to a private firm in Hyderabad called Saath, to start the registration process.

This arrangement failed due to a disagreement between the Board and the companies and

resulted in neither the Cess amount being collected nor the data of number of registered

workers provided to the Board. In Delhi, the board and some unions of construction

workers are involved directly for the purposes of worker registration. 30

Over the last year, the Delhi government has started a scheme called the 'mission

convergence', as a part of the implementation of this scheme, the 9 districts in Delhi in

collaboration with District commissioners and NGOs working at the grass-root level

would provide information to the state government about various schemes and their

progress in terms of implementation at the household level. There are several NGOs

working in a district, which report to the Gender Resource Centre (GRC). The GRC

directly report to the District Commissioner's office. Each NGO takes the responsibility

of collecting data and implementation of certain schemes for 20,000 households. These

NGOs conduct door-to-door survey and collect data on who is entitled to which schemes

of the government, for example concerning old age pensions, maternity benefits,

disability benefits, etc. In Delhi, this process started with analysing the impact of 6

schemes. All 8 ministries are working together to get their respective schemes to be

implemented at the grassroots level. Out of the initial survey of 25 lakh workers in Delhi,

5 lakh workers were construction workers, so Nirmaan Mazdoor Panchayat Sangam

negotiated with the government that registered construction workers with the GRC's

should get the benefits of the Building and Other Construction Workers (Regulation of

Employment & Conditions of Service) Act,1996. An agreement was eventually reached

with the state government and the demand was incorporated to the list. 31

30 Interview with Subhash Bhatnagar as on 3rd October 2008, founder member of Nirmaan Mazdoor Panchayat Sangam (Union of Construction Workers) in New Delhi 31 Interview with Subhash Bhatnagar as on 3rd October 2008, founder member of Nirmaan Mazdoor Panchayat Sangam (Union of Construction Workers) in New Delhi

185

The majority of the respondents in the sample were not aware of the social

security schemes or the existence of the welfare board and the process of registration. A

minority of the workers who were unionised were also not registered with the Delhi

Welfare Board (barring few members of SEWA). Looking at the findings of this

empirical study, there is an urgent need to provide social security to the workers

especially women workers who are triply exploited as women, as women workers and as

women workers in the informal sector.

The nature of the work in construction is characterised by being casual, irregular,

part-time, and non-permanent. The conditions of work and wages are not regulated by

any labour legislation. The workers have low bargaining power and mostly unaware of

the provisions which are granted by the law. One reason for this can be low level of

unionisation of the workers, though this is not the only reason. Therefore, the

informalised nature of work in the construction sector along with high rate of migratory

workers exacerbates the need for social security especially for women construction

workers.

186