legal aid report on migrant workers

8/15/2019 Legal Aid Report on Migrant Workers

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The Plight of Internal Migrant

Labourers

Faculty Advisor: Ms Kuntirani Padhan

Location: Balianta (Cuttack District)

Laws involved: Inter State Migrant Workmen Act, 1979, The Building and other construction

Workers act 1996.


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Activity Report on Field Visit Migrant Workers Sites in Odisha

There are several issues faced by the migrant workers at the destination place. Odisha has a long

history of being the destination place of distressed living beings who are humans as well.

Migrant workers at destination areas remain marginalized and have limited access to basic

amenities. A two day visit at the Balianta (Cuttack district) is an initiative in that direction to

strengthen collaboration of activities of the organization working on internal migration.

It has been realized that the state government needs to be sensitized on the issue of migrant

laborers who remain outside the purview of development schemes and initiatives. Some major

issues faced by these human beings are as follows:

Working Conditions

Wages

Health

Identity

Education

Drug Abuse

Sexual and Mental

Exploitation

Wrongful Restrain

Religious Biasness

Gender Biasness

On the first day of the trip our team visited the Brick Kilns situated in Balianta (Cuttack District)

and observed the working conditions and wages of the laborers.

It was observed that there were no medical facilities or proper sanitation facilities available at the

work place; moreover, even clean drinking water was not available as well. In addition to all

these miseries, a single worker has to work for around 14-18 hours a day in scorching heat.


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As far as wages of these workers were concerned, they were paid way below the minimum

wages which is 200 INR for unskilled workers and 260 INR for highly skilled workers. After

asking one of the laborers about the wages, we got to know that they work here for 6 months and

for 6 month they receive 12,000 INR after their living expenses. On the other hand, a brick kiln

owner earns around 8,00,000 INR every month which makes their annual turnover around

whooping 50,000,00 Rupees every year.

It is realized that the contractors do not even spend 5% of their annual income on the people who

make it possible them. For them, these internal migrant workers are some creatures or robots and

they don‟t even consider them humans. The lives of these nowhere people can be easily made

better if these contractors provide better wages and facilities. But, according to me it is the

contractors or owners who are not human beings.

On the second day of visit, out team visited the residents of these nowhere people and our

purpose was to ask some questions to them about their condition. The general questions asked

were:

1. Original Residence?…………………………………

2. Current Residence?…………………………………

3. Education Qualification?...............................

4. I.D Proof?……………………..

5. Retention of I.D. Proof by contractor or any other person?…………………..

6. Working Conditions/Safety/Accommodation is hygienic or not?........................

7. Married?................Children?...................

8.

Approximate expense of the family per month?....................

9. Total income of the family?........................

10. Insurance?.......................


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11. Expected

Wages?……………..

12. Promised Wages?.........

13. Actual Wages?.............

14. Any Loan?.................

15. Normal Work

time?…………………

16. Overtime?………….

17.

Whether overtime is paid? ……………..

18. Withholding of wages?....................

19. Difference in the wages of Men and Women?…………………..

20. Any kind of THREAT(Physical/Sexual/Mental)?...............................

21. Religious Biasness?............................

22. Psychological compulsion, i.e. an order to work backed up by a credible threat of penalty

for non-compliance?…………………………

23. Restriction of Movement/imprisonment at the workplace?............................

24. Deceit or false promises about the form of work or working conditions or

wages?......................

25. Any kind of Drug Abuse?......................

26. Were Unemployment Allowance was paid at original residence (before migration)?

27. Any knowledge about National Rural Employment Guarantee Act, 2005?


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There were no incidents observed regarding drug abuse, biasness or any kind of harassment by

the contractor, however, the living conditions of the workers were really inhuman.

One good thing I found was that the polio drop social workers arrived at the same time when we

were asking questions. It really felt good to see someone cares.

Sabita Sahoo, 35, a migrant laborer, works in a brick kiln unit near Balianta in Khurda district of

Odisha. Severe poverty and debt, brought on by landlessness, force her family of five, including

her children, to move out of their village in Bolangir district in search of suitable livelihood

opportunities.

Official data reveals that every year 1,18,451 lakh people, engaged by recognized labor

contractors, migrate fromthe Kalahandi-Bolangir-

Koraput (KBK) region.

The government has given

licenses to 3,046

contractors.

However, estimates of the

Migration Information and

Resource Centre (MiRC),

Aide et Action South Asia, a local non-government organization, put the number of migrant

laborers at five lakh, mainly drawn from the southern and western districts of the state.

As per MiRC, more than 60,000 families, or two lakh people, from the districts of Bolangir,

Nuapada, Kalahandi, Boudh, Sonepur and Bargarh go to Andhra Pradesh, Chhattisgarh, Tamil

Nadu and Karnataka.

Additionally, around 40,000 to 50,000 people find work at the 150 brick kiln units that are

located within a 40-kilometre radius of the twin cities of Cuttack and Bhubaneswar. Yet, it‟s not

easy keeping a track of these migrants.


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Migration begins in October and goes up to the onset of the monsoon. Unfortunately, most

seasonal workers recruited by agents are no better than bonded labourers and can‟t go anywhere

during their contract period, although some migrants, mainly from Ganjam district, who work in

Surat, Gujarat, are strong enough to leverage their rights. Where the employers do consent to

granting leave, mainly during emergencies, the womenfolk and children have to stay back and

work till the men return.

Sukanti Kuanr, 55, who has spent a better part of her life toiling away in various brick kilns in

her, as well, says, “Only the menfolk are allowed to leave the work site and that too after the

agent has had a word with our „sardar‟ (as the middlemen are called). Women have to stay and

work extra time to compensate for the losses on the job.”

Work at a brick kiln is hard, back breaking and endless. The brick-making process runs like an

assembly line. Clay is first mixed and balls are made out of it. These balls are molded into

bricks.

Naturally, everyone in the family, including the children, ends up working seven days a week.

The wages depend on the number of bricks churned out every day.

Despite the state government having a special labor cell to monitor migration, both within the

state and outside, and to keep tabs on agents involved in illegal practices, it has been largely

ineffectual. It is also believes that there must be some grievance redressal mechanism, which

does not exist at present.

Given the fact that the first thing that migrants lose when they move out of their villages is an

identity, simply keeping tabs on the contractors is not enough, The government must be more

proactive in protecting the interests of seasonal and regular

migrants, many of whom don‟t even know their basic rights.

For the awareness of the plight of these NOWHERE PEOPLE,

a short movie was made. SCAN THE QR CODE BELOW

THROUGH YOUR SMARTPHONE TO DIRECTLY GO TO

THE VIDEO.

legal aid report on migrant workers

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