Sunday, September 6, 2020

Rattho Bai’s victory paves way for several women who were denied employment

This is a relatively old brief, but I missed posting here; I beleive atleast 500 women have now found work in CIL

Rattho Bai’s family lost land admeasuring 0.200 hectare which was acquired by the government for the benefit of South Eastern Coal Fields Limited (SECL) for carrying out mining activity, as the land was coal bearing area in Chaal village of Raigarh District Chhattisgarh.  Notification for acquisition under the Coal Bearing Areas (Acquisition and Development) Act, 1957 was issued on 24.09.2004 and the award was passed on 02.06.2005. In absence of any male member in the family, Rattho Bai applied for employment under the extant Rehabilitation Policy of the State Government. The claim was refused on the ground that the petitioner being a woman is not eligible for employment in terms of Clause (VIII) K (b) of the Uniform Guideline for employment to Land Looser, issued by the SECL on 8/13-8-2002. After several efforts to seek redressal from the company in vain, Rattho Bai decided to go to the court. The high court, after several hearings ultimately provided justice to her. This has paved way for several women and current over 200 are likely to have been benefitted. In the course of the judgement the court observed “ It is apt to note here that reservation of seats for women in panchayats and municipalities have been provided under Articles 243(d) and 243(t) of the Constitution of India. The purpose of the constitutional amendment is that the women in India are required to participate more in a democratic set-up especially at the grass root level. This is an affirmative step in the realm of women empowerment. The 73rd and 74th Amendments of the Constitution which deal with the reservation of women has the avowed purpose, that is, the women should become parties in the decision-making process in a democracy that is governed by the rule of law.”

 The court went on to further state “Their active participation in the decision-making process has been accentuated upon and the secondary role which was historically given to women has been sought to be metamorphosed to the primary one. The sustenance of gender justice is the cultivated achievement of intrinsic human rights. Equality cannot be achieved unless there are equal opportunities and if a woman is debarred at the threshold to enter into the sphere of profession for which she is eligible and qualified, it is well-nigh impossible to conceive of equality. It also clips her capacity to earn her livelihood which affects her individual dignity.”

 

SECL has otherwise appointed several women candidates in its establishment.  SECL would explain that the lady candidates mentioned in the said document have been appointed on compassionate ground. The court held that the source or manner of appointment is not a criterion for denying appointment to others. If a woman candidate can be employed on compassionate ground, a person whose entire agricultural land has been acquired is also entitled for appointment. As a matter of principle, right to get appointment in lieu of acquisition of land is not a lesser right than the right to get compassionate appointment in the event of death of a government servant. In the case of land oustee also, there is loss of means of livelihood and more so, when the entire agricultural land has been acquired.


Will The Recent Indo-US Energy Strategy Aid Atmanirbhar Bharat?

 https://www.impactnews.in/will-the-recent-indo-us-energy-strategy-aid-atmanirbhar-bharat/

Amidst the low demand for oil in the context of the extended effects of the Covid-19 pandemic and the global oil storage at its maximum, it is very strange and anachronic that the Indian government is seriously discussing the possibility India storing oil in the U.S. Strategic Petroleum Reserve to increase their nation’s strategic oil stockpile. As many readers may be aware India has made its own strategic storage currently in Vishakhapatnam and Mangalore and has been exploring the possibility in other places in the Western Ghats and in Rajasthan.

The concern over the strategic meeting and its outcome is not this potential storage of our strategic resource need in a place as far as the United States whilst countries which have been always friendly with us and oil-rich are close by and could offer the same facilities, if we cannot do it for ourselves. This is in a very preliminary stage and for the present if the cooperation on this aspect enables us to understand the practices in the United States and to compare notes and improve wherever possible in our strategic storage locations and become self-dependent (Atmanirbhar). However, one would have thought that if there was anything, we should have sought, is support in enhancing investments and improving our exploration capabilities to be able to find enough oil within our jurisdiction.
Strategic storage may not be a critical factor since India’s current refining capacity of 249.9 million tonnes per annum exceeded domestic consumption of petroleum products by nearly 40 million tonnes in the previous fiscal and likely to be higher this fiscal. Therefore, there is actually no big pressure to have a strategic storage.Further the demand of 335 million tonnes per annum by 2030 and to 472 million tonnes by 2040 according to government estimates need to be seriously re-looked and tempered in the wake of the changing scenario in the energy sector globally.
Americans in the recent times, especially since the turbulence in their trade relations with China, have been becoming protectionist at one end and reaching out to expand their trade with other nations. In the midst of our own recent dissonance with the Chinese, perhaps the Trump Administration is trying to capitalise onthe situation. Our hydrocarbon trade with United States is touching nearly 10 Billion US $, almost double the 2017-18 figures, and this virtual meet has further affirmed to promote greater hydrocarbon trade between the two countries. Here trade effectively means that we import more of American petroleum products. It is also not very surprising that the Americans are also pushing for expensive gas and through the U.S.-India Natural Gas Task Force, tampering with the policy and regulatory space in the name of “innovative projects to support the Government of India’s vision to increase the share of natural gas in India’s energy sector”.

The really serious concern about this virtual dialogue on energy strategy between the two countries stems from a statement of  Dan Brouillette, US Secretary of Energy, who said: “The US and India share a bedrock belief that there is no distinction between ‘good’ and ‘bad’ energy. We are committed to deploying every energy fuel and technology at our disposal.”

If this statement has been made based on what the Indian Government officials have shared, it means that like the United States, India may also be reneging the Paris Accord. While the bilateral venture is euphemistically called the US-India Partnership to Advance Clean Energy-Research (PACE-R) and seeks to advance smart grids and energy storage, the announcement was focused on promoting dirty energy through so called “transformational” supercritical and advanced coal technologies and false climate solutions like Carbon Capture and Storage. Added to this was the further cooperation on nuclear technologies which have proven to be the most expensive and risky. Unfortunately, these are issues not seriously debated among the public and long-term considerations are not raised but short-term contextual political decisions have long and tenuous consequences.

While a lot of nice sentiments are expressed in terms of clean energy and women empowerment in the energy sector, one must be careful that we do not lose plot of moving towards a more democratic ownership of clean energy resources which should be the goal of any Indian Government. It is time that India serious redesigns it development model with a greater focus on distributed, end-use oriented energy generation and utilisation model that can generate local livelihoods, enable better management of organic waste, and improve agricultural biodiversity instead of being led into a garden path of climate unfriendly energy choices to pander to volatile political situations.

Is The Clarion Call For Local Pe Vocal Turning Out To Be A Rhetoric?

 https://www.impactnews.in/is-the-clarion-call-for-local-pe-vocal-turning-out-to-be-a-rhetoric/

Exactly a month ago Prime Minister said ” Sarvam Aatmam Vasham Sukham. That which is in your control gives you happiness. We have to move ahead with new energy “announcing a new package of Rs 20 lakh crore. I am not going into the details of those packages and what it really means to the poor. This was aimed at self-dependence, Atmanirbhar, and he egged people with his inimitable slogan – Local pe Vocal – “We need to be vocal for our local products. Not just buy but also publicise them.”What is happening in Chhattisgarh today with the central government owned Coal India subsidiary is in strong contrast to the statements made in the air in Delhi.

Coal India Limited in 2007, before the 2008 Mining policy decided that project affected people from the coal mines should form cooperative societies and get registered under the local laws. Such societies would have 100% exemption from submitting the earnest money deposit and 20% of the work of transportation of coal and sand to be earmark for award to cooperatives at the lowest (L1) cost or at the scheduled rates.

Since 2007 in several mining areas of the subsidiaries of coal India local people have been attempting to form cooperatives and recent times producer companies to access these opportunities.They too wanted to join the mainstream in economic development.In several of these cases the people who were intent where those who were not properly rehabilitated or were not compensated. The Coal India subsidiaries have still to demonstrate even one example of proper resettlement and rehabilitation. One of the producer company has named itself the coal mines “bhuvisthapith” company, meaning company of displaced.

However none of the subsidiaries of Coal India ever proactively attempted to enable the local communities to partake in the economic activity and as growingly most of the activities of the subsidiaries their outsourced there was a huge vested interest created between corrupt officials and the cronies.

Korba district in Chhattisgarh has been witness to massive coal mining and industrialisation since the 80s,has thousands of families who have neither been provided the proper compensation nor have been resettled and rehabilitated properly have been struggling over the past decade to plead for the implementation of this policy. They had this time also petitioned to the Prime Minister and in response to the the enquiry from the PMO had informed that they were giving preference to such affected persons and awarded contracts and tenders and even relaxed the condition of depositing the Earnest Money, which is an essential part of any tender in 2017 itself and since then people had been more hopeful.

Constant pestering and occasional protests by the communities were quelled and in 2018 the South Eastern Coalfields Limited (SECL) unable to withstand local pressure agreed in the meeting of its functional directors after detailed deliberations that they will on a “trial basis” implement this in the Saraipalli OCP.  The coal companies like several other industries have been taking the cover of covid-19 to accomplish some of the dirty operations and had issued a tender to start the Saraipalli Open Cast Minein Bud Bud village. This completely disappointed the people who had formed a Cooperative Society and hoped to find their wherewithal and were agreeing to part with everything that they possessed. They were quite sure that any protest by them would invariably lead to police Action and arrest. They have approached the High Court which has called for the company to respond affirmatively.
Sensing from the statements made by the company’s counsel, that the tender was a composite one and not just for transport and therefore the policy did not apply, the local people have got a hint of the seditious manner in which the company has provoked have resorted to innovative ways of protesting by maintain physical distance, wearing masks and sitting in front of the gate of the different projects of the company.

People are worried that the SECL may be up to more tricks to deny them and realise that the PM’s slogans or even undertaking given by the company to the PMO does not actually happen in reality. It is strange that the State Government behave like mute spectators without positively intervening on behalf of their people. If in the new dispensation when so much of concessions are showered on the private sector, why should not the people get what is legitimate and reasonable. Afterall they were the original owners of that land! In the energy sector it seems all “Sukham” is reserved for the corporates.

Coal Auction : Will It Be A Boon Or A Bane ?

 https://www.impactnews.in/coal-auction-will-it-be-a-boon-or-a-bane/

With much fanfare the Ministry of Coal, invited and the Prime Minister enthusiastically put up a good show for which he is pretty well known by now. The on and off-line, physical and digital spaces were well covered, and the key and pet industrialists were invited to participate. One could rationalise saying that it was the Federation of Indian Industries that was partnering the government.

Now let us come to the specifics of the events and its implications. The event was billed as the greatest breakthrough for Atmanirbhar Bharat, a word which originally means self-dependent in Hindi and its use in the recent times has completely distorted the sense of self-dependence leave alone self-reliance. The event was branded as the launch of “commercial” coal mining in India and it looked as if the public sector and the big boys of industry were undertaking coal mining all these years as a charity and for the first time it was being undertaken with a commercial motive!

This current process of so-called commercial mining began with a move to initiate 100 percent FDI in coal mining in September 2019. Now, as a citizen we are not supposed to ask how we can call it Atmanirbhar if the mines are going to be completely owned by foreign companies. However, the fact is this policy of 100 percent FDI preceded the slogan and therefore you are not supposed to raise such issues. So, the event in which every speaker from the Hon PM to the anchor, everyone used this slogan atleast once to emphasise that we will be self-dependent despite the fact that anyone in the world could come and completely own our coal mines.

The next was a move to issue an ordinance, just a month before the Parliament was to convene, to amend the mining law to enable this and mine coal for the market instead for a specified end-use. It is not that this was not allowed. The private sector and the inefficient public sector lead by Coal India Limited and in recent years the Neyveli Lignite Corporation have been pushing for more and more concessions in terms of ease of expansion, over riding of environmental norms, making public pay through their nose to meet the bad loans to the power companies by the banks. A quarter of the quantity of coal from any mine could be sold in the market for over three years now and it has not lead to any reduction in imports or improvement in the economy. So, this big drama was perhaps intended to transparently do the match fixing where companies and the government in front of the entire country are talking – the government to give and cronies to take – the public resource. Needless to say, that all this is ostensibly to be transparently auctioned as directed by the Supreme Court in the 2-G and Coal Block Allocation cases.

Why do I call it open match fixing?

The launch function was open to anyone who registers on the website. The website also cleverly had a question box where you were free to ask your questions. This would enable everyone who is an ardent supporter to say that one could even question as the PM was talking. However, the twist was that these questions were perhaps to probe who is asking the question and to monitor rather than to provide any answer. This art of being “transparently-opaque”, is an evolved art from the notorious statement of the current PM of erstwhile Prime Minister bathing with a raincoat. This is bathing in the heavy downpour of Mumbai rains without getting wet!

None of the questions atleast from people I know and I myself raised were unanswered. Some of the questions were very simple – whether the government thinks it is important to adequately inform the people on whose land these 41 coal blocks being put under the hammer, could people own the mine and the government enable them manage much in the nature of Farmer Producer Companies, there was not even a statement by any of the speakers from the government or the partners in this match fixing. While this time the process is led was the Hon PM and the drama was created it is actually the 11th tranche of a series of unsuccessful auctions and each time mending rules and regulations to suit the suitors.

Several groups including sarpanches from some of the prospective villages had written to the government and various civil society groups and rights groups had expressed the need to revisit this entire process have fallen into deaf ears. Even responses to the discussion paper presented January, feedback on the legislation all have been transparently ignored just as any of the peoples’ concern. People are actually sick and tired of hearing that all this is being done for the poor and the new twist is given to them as being “aspirational”.

What if anything is new?

The bidding rules and the entry barriers have been eased. There is no threshold of experience or of investments. Once you succeed in your bid, you can mortgage your coal. It is worth pointing out that in the earlier tranches of auction the CAG had noticed peculiarities which suggested of bid-rigging. This time it is becoming evident as the rule allows for just two players to bid for a mine. One would recall how the sale of BALCO there were just two-bidders one quoting exactly half of the other!

The Ministry has also been talking of “embedded” clearances. This means that that implicitly all the clearances will be provided by the respective arms of the government. This is actually not called for since our Minsters themselves are sitting over the appraisal bodies and remotely sanctioning the mining in national parks and sanctuaries, over densely populated areas and fifth schedule areas where mandatory consent from the gram sabha is essential. If that is not enough the Project Management Group of the PMO can intervene. All this is was not attractive enough that the Chief of Vedanta wanted that except the public hearing, which can always be rigged, the rest must completely be based on self-certification because of the “difficulties” in obtaining clearances. The Chairman of Tatas wanted a coal exchange so that the speculation on prices could be there and with his background in managing more of software companies and revenues his wish will also be perhaps soon granted.

The singular silence of the lack of demand, over 40 Giga watts of stranded power assets still bleeding the banks and solar energy becoming cheaper than coal were all immaterial in this new “historic” launch of commercial coal mining. This was new as any sensible person, no matter from which sector would clearly question the need for expansion of coal, how to seriously revisit the investments or junk them to look for distributed renewables. One does not know if the Government is trying to fool itself or hoodwink the world when it says coal-gasification is environmentally sound and climate friendly! What was new is that despite the pandemic clearly showing that these kind of industrialisation and growth is not sustainable and so vulnerable even to a single lock-down of a quarter, the knowledgeable decision makers want to make bigger and bigger mistakes of the same kind. This is very clearly putting good money behind the bad and will need to be backed by a “bad-bank” too.
Resource Curse with a Bang
Lot of literature exists on the resource curse and lots of communities are victims of the same as concede by even the Hon Prime Minster in his speech. However, to just brush it aside with brave words, not recognising even the District Mineral Foundation funds have failed to reach the affected and poor is sheer dishonesty with the people who are going to be the victims. Billions of tonnes of coal are going to be handed over to the corporates at throw away prices. Some of the blocks on the axe are places were in the past too companies have come to acquire their land and displace. They have resisted and have been witness to the high handedness of the state. For example, the Machakata block the state and the company even colluded to have the public hearing on a day when all women in area would be on the annual fast. Now that this has the branding and support of the highest authority, the minions will rough ride until we reach the bottom of the pit.
Will this bring enough money?
The figures vary but the government is sating that nearly Rs 50,000 crores will come in over the next four to five years. Is that good enough? Consider this, a recent reply in the Parliament the government stated that every year the Coal India makes losses to the tune of twelve thousand crores from close to 251 mines. Just shutting them down will save us this kind of money. Given the kind of debt-equity ratios being allowed we can expect few more Niravs and Mallayas in the making.
Reversing Gazhni Muhamed
History has it that Gazhni Muhammed raided Indian Sub-continent seventeen times to loot India and as patriotic Indians we hear heroic stories of how he was vanquished each time. We got colonised by stealth and force and it required rare individuals like Gandhi and Subash Bose to redeem us. Today while the brand is “Atmanirbhar”, it is for the 11th time the Government of our Independent country is inviting global corporates to colonise! One of our contemporary anthropologist Dr Shalini Randeria, characterises the Indian State as a cunning state, but this is proving to be more than that “a selling state”!

One wonders what would have been the nature of this event, if the Akhil Bharitya Adivasi Mahasabha or an Association of People Affected by Mining who have not been properly rehabilitated after being displaced by the 600-plus coal mines or the self-effacing Swadeshi Jagran Manch were to partner with the government. But not in this case because despite communities and organisations writing to the Government about the gross injustice of auctioning the land without even giving the people a sense of what holds for them in future who are currently living and eking out atleast a subsistence livelihood, this Government does not care. Perhaps the PM cares!

AIIB’s Covid Financing For India Comes Under Scanner

 https://www.impactnews.in/aiibs-covid-financing-for-india-comes-under-scanner/

All multilateral banks have certain policies and processes. Notwithstanding the growing pressure of the affected communities and civil society, these banks bring out documents essentially to satisfy themselves on paper. It is a make-believe world, that always states that the environmental and social implications have been carefully analysed, often at a whopping cost by an ex-patriate “specialist” and safeguards actually followed in lending. Subsequent reports, unless there is a big hue-and- cry by the affected communities, merely follow the criteria that all is well with the project and eventually the project has been successful.

The recent project document released by Asian Infrastructure Investment Bank on the COVID-19 Emergency Response and Health Systems Preparedness Project unmasks the Banks for its complete hypocrisy. The project aims to deliver a combination of emergency response and health system capacity building efforts consistent with the COVID-19 containment plan that was recently developed by the Ministry of Health and Family Welfare (MOHFW), Government of India (GOI) with support from the World Health Organization (WHO) and partners. In addition to scaling up interventions to limit human-to-human transmission, interventions that strengthen health systems will be rolled out to improve the country’s capacity to respond to the COVID-19 pandemic and allow it to be better prepared to respond to any future disease outbreaks.

When one looks into the details of the project, it claims that the US D $ 1.5 Billion sought and granted under this loan would enable 70 percent of the districts in India to have a covid isolation facility and will have strengthened our long-term ability to deal with pandemics. Not only that, it would have also enhanced our medical research capabilities. AIIB claims it is a coordinated effort of the multilateral banks and as it has been its practice since the beginning to co-finance the project. The World Bank is the major financier bringing in a billion USD.

Anachronic Financing that Unmasks all Claims

The document released a couple of days ago, states that the project implementation period is from May 11th 2020 to 31st of December 2024. One would therefore assume that the project document would be available and there would be scope for analysis and feedback. However, the biggest give-away is that there are no conditions for disbursements and further there is a clause that allows for a huge “retro-active” financing. Up to forty percent of the fund could have been used from 1st of January to May 11th even before the project start date. If nearly half the money has been accounted for before the project started, what is then the use of all the unnecessary paper and the consultants writing on environmental and social safeguards and transparency in the financial processes.

What would have been the expenditure on which this forty percent would have been spent. The document states, (M) “major planned procurement includes goods (medical equipment; supplies and commodities; diagnostic reagents, including kits; and PPE including masks, gloves, etc.); services (development and dissemination of communication messages and materials); some small civil works (strengthening of hospitals and laboratories, etc.); and a few consultancy selections. It is anticipated that most of the goods are available in India, barring certain medical equipment, which are currently being imported and not available―off the shelf.”

Since such project documents, as a religion, need to identify the beneficiaries, the document tamely states, “(G) given the nature of COVID-19, the primary project beneficiaries will be infected people, at-risk populations, medical and emergency personnel, service providers at medical and testing facilities (both public and private), and public and animal health agencies engaged in India’s COVID-19 response. Staff of key technical departments and health departments will also benefit from the project as their capabilities increase through institutional capacity strengthening.”

Hollier-than-thou AIIB claims that its support will immediately enable the GOI scale up efforts to limit human-to-human transmission, including reducing local transmission of cases and containing the progress of the pandemic from phase III (cluster of cases) to phase IV (community transmission). One wonders what if any major action except for the lockdown for necessary to enable this.

We already are a witness to the saga of procuring unusable and highly inflated diagnostic kits which is now a matter of contention in the Supreme Court. We also know how some of the Gujarat based companies have been always in the limelight to procure orders in such circumstances. What takes the cake is the section titled governance and corruption in the document which aims to claim that it is holier than the World Bank – AIIB is committed to preventing fraud and corruption in the projects it finances. For this project, the WB’s Anti-Corruption Guidelines shall apply, which are materially consistent with AIIB’s Policy on Prohibited Practices (2016) (PPP). However, AIIB’s PPP will apply in regard to the prohibited practices of “Misuse of Resources” and “Theft”, which are not covered under the WB’s Anti-Corruption Guidelines. AIIB reserves the right to undertake investigations in regard to the Prohibited Practices of “Misuse of Resources” and “Theft”, not covered under the WB’s Anti-Corruption Guidelines.

Now that the post-Paris Bank, which claims itself to be lean, green and clean has already has its money taken and spent, it begs the question why this hypocrisy?

Was This May Day, The Worst Day For Labour?

 https://www.impactnews.in/was-this-may-day-the-worst-day-for-labour/

Amidst the pandemic, the Parliamentary Committee on Labour, submitted its report on the 23rd April, a week before the May Day. The Industrial Relations Code 2019, introduced in the Parliament had to be examined by ministerial standing committee, to the utter dislike of the government because of the issues raised by all the trade unions. Even Bharatiya Mazdoor Sangh, the trade union arm of the BJP had raised atleast a dozen negatives of the code.

The most stringent criticisms have come from the members of the committee itself. K.Subbarayan is a veteran left leader representing the labour intensive Tirupur constituency in Tamil Nadu, famous for its textiles. He has presented a dissent note calling out the objects and reasons themselves a sham. He calls it a “blatant lie of the government which takes away all the hard-earned rights of the crores of workers. He goes on to warn that this law “is ominous, insidious and pernicious for the democracy and people”.

Do these changes in the labour law regime warrant such a harsh statement or is it that the member belongs to the left and therefore is opposing the moves of the state?Developments over the years of this government and reports of the committees raise deep concerns.

Stealthy Beginning

The NDA Government started demonstrating its low priority of workers and their conditions just a month after its assumption of its first term in office in 2014 through an innocuous but far reaching notification . This proposed setting up a Central Analysis and Intelligence Unit and with stated objective of simplifying business regulations and bring in transparency and accountability in labour inspections, restricted the mandatory labour inspections i) The establishments where fatal or serious accident has occurred in last two years. ii) The establishments where strikes/lock out/retrenchment has taken place in two years. iii) Closed establishments till their workers’ dues are settled. As one can clearly see, the first two would have already been out in the open and media may have already covered the incident and inspection at that stage would in any case have lost its purpose of preventing such a situation. In the third, one wondered what would be the conditions of workers the inspectors inspect if the establishment was already closed? This virtually destroyed the already weak labour inspection system. Whatever little power and some fear that enterprises had was lost. This led to centralising the authority and reducing the scope of inspection even if there was information about an emerging situation as the “occupier” (as the owner is referred to in the Factories Act) has to be informed prior to inspection and the report written in the premises itself. Today the entire Inspectorate of Factories in every state is only waiting for the existing officials to retire.

Changing Laws to Codes

Soon after this big dent was made, the government announced as early as 2015, that it will amalgamate 44 pre-existing legislations into four codes on different issues of workers – Wage, Social Security, Occupational Health and Industrial Relations. When this announcement was made the then Labour Minister stated that though Labour was a concurrent subject “the States are on the same page as they all feel the need for a conducive atmosphere for development.” However, this amalgamation is still not complete. The Code on Wages, 2019 has been passed by both Houses of the Parliament and assented by the President in August 2019. The Code on Occupational Safety Health & Working Conditions, 2019 was introduced in July, which was also referred to the Standing Committee. The Committee submitted its report in February this year. The Code on Social Security, 2019 was introduced in the Lok Sabha in December and is also being examined by the Parliamentary Committee.

Ambiguity in Definition: Law Makers Themselves Perplexed

Who is a worker and who is an employee? The law makers themselves are themselves unsure. The Parliamentary Committee observes “terms ‘Employee’ and ‘Worker’ have been differentiated and defined separately on the logic that the dispute resolution mechanism under the Industrial Disputes Act, 1947 is available only for workers and persons engaged in certain administrative and managerial capacities beyond a prescribed wage ceiling are not getting the benefit of the dispute resolution mechanism. The Committee are not at all convinced with the argument for making an artificial differentiation between Employee and Worker. As a matter of fact, every employee is a worker and vice-versa. Therefore, the industrial dispute mechanism and other rights like forming of Trade Unions, being office bearers of the Trade Unions, etc. should be made available to each and every employee/worker, notwithstanding the relevant provisions contained in the Industrial Disputes Act which was enacted as early as 1947.

In their Report on ‘Occupational Safety, Health and Working Conditions Code,2019′ the Committee had pointed out that the unwarranted differentiation between ’employee’ and ‘worker’ had led to much perplexity and befuddlement and thus the Committee had asked the Ministry to use one uniform word everywhere. Since that has apparently not been done as yet, the Committee now recommend that wherever the two words have been referred to in this Code separately, only one term i.e. ’employee’ be used invariably. Alternatively, both the terms should co-exist everywhere viz. ’employee/worker’ or ’employee and worker’ so as to ensure that there is no discrimination in the applicability of labour laws to the employee/worker. This uniformity should be maintained in all the four Codes and the Committee are confident that once it is done, most of the undesirable litigation will cease to exist.”

Ominous Future?

The current pandemic has exposed the how close to the brink the workers are throughout the world. Lay-offs, cuts in wages and squeezing extra hours of work on one hand and the deplorable conditions of the migrant workers seem to be the current normal across the world. The desperation of the workers to go back to their villages clearly indicates that the current economic model has completely failed the worker. This has also laid bare the gross economic, social and spatial inequalities. This month the CMIE estimated a 23 percent hike in unemployment which was already at an all-time high. Workers seem to be the last in the priority of this Government.

If the laws are a sham and lawmakers themselves confused and owners making use of every opportunity to exploit one fears much worse is ahead for the workers. There are generic problems with the entire process of revamping the laws in the name of transparency and ease-of doing business. This need to be systematically examined and the government and employers made accountable to the lives of those who create wealth and pay taxes.