The nowhere people of Odisha

Umi Daniel

As per 2001 Census, the total population of Odisha is 3.7 crores, out of which 22% people are ST and 16% belong to SC category. Odisha is one of the poorest states in India and 47% of people are living under poverty (BPL survey 1997) but the BPL figure of Odisha may go up if the recent Tendulkar Committee estimates to be believed at 57.2% and N C Saxena Committee calculates it as 84.5%. The 2001, census describe Odisha as a key migration sources states with 937,148 inter-state migration of people. However, informal estimate puts 2.5 million people migrate from Orissa. Out of which the coastal region accounts 45% of the total migration while southern, western and northern poorest district account for 55% migration. The UNDP-HDR report says, 9 lakh migrants are alone in Surat in Gujrat and as per some INGOs study suggest 2 lakh people from western Odisha seasonally migrate to the brick kilns in AP. The migration in the state varies from rural to rural, rural to urban and inter-state migration. The inter-state and inter-district migration considered the high chunk of labour migration.

Migration in Odisha can be classified under five broad categories- they are; (i) Migration due to extreme poverty and destitutions, (ii) Opportunity migration for better wage and livelihood(iii) Migration due to industrial and development induced displacement, (v)Migration due to natural disasters and armed conflict and(vi)migration due to human trafficking.

Poverty and distress induced migration:

The KBK region which constitutes one of the most backward districts of western Odisha and southern Odisha followed by other tribal district in central and northern region has been reporting large scale migration of unskilled people to various states and cities thriving with high economic growth. The single most reason for migration of poor in this region is extreme forms of poverty and chronic hunger followed by denial of basic entitlements such as food, employment and basic services. People also use migration as coping system to escape from hunger, discrimination and abject poverty. While the sending area are predominantly plagued by uneven distribution of resources, backwardness, non remunerative economic activities, high levels of unemployment and a host of social discrimination, the destinations are equally torturous for the poor to eke out their livelihood with dignity and human rights. Today while the Indian economy is growing on a robust scale, the fruit of economy growth is evading the poor who otherwise contributing hugely to the economic progress of the country. As per Prof Arjun Sengupta Committee which was formed to study the working and living condition of the unorganised workers say, 76% of the people in India are earn a daily wage of 20 Rupees and their situation has not changed despite of plethora of schemes and programmes being implemented by the government. The migrants thus find themselves pushed into a state of denial and exploitation at the hands of the owners and labour contractors at the worksites. Their family members’ mostly old, disable, women headed household left in their villages too struggle to live under extreme situation because of denial and lack of access to basic entitlements and services. Rampant corruption and mismanagement of food entitlement in PDS, Antodaya, mid day meal and ICDS in migration prone villages further put the people in object vulnerability and risk of starvation. During February 2010 the Hindustan Times reported 50 cases of starvation deaths in Bolangir and many of the victims were migrants who succumbed to starvation. A cursory observation on the labour laws suggest that, Almost all labour rights protection laws meant for unorganised workers and migrants are violated both at sources and destination and the people thus become unwanted by the state of origin and destinations. The worst suffers are the women and children who face the brunt of non compliance of laws, policies and provisions for better well being, rights and livelihood.

Opportunity migration:

It is always quite complex to distinguish between the distress and opportunity migration. Historically the entire human race has migrated from one place to another place and migration too helped the people to find out a better opportunity and livelihood. Opportunity migration is a combination of “push” and “pull” factors. Informal estimates puts Odia migrant workers in Surat constitute one of the largest at 9 lakh of whom 6 lakh are from Ganjam district alone (UNDP 2007). The coastal region of Odisha is witnessing large scale migration of people to various parts of India to work in catering, hospitality, plumbing, construction, textile, and other allied sectors. Male migration is quite dominating in this region and the remittance coming to the high migration district like, Ganjam, Puri, Nayagarh, Khurda, Jagatsingpur, Kendrapada is staggering 2000 crores per year. However, the living condition, social security and worker welfare at the worksite is almost non existence. There is a complete absent of any government effort in helping the migrant in sending their remittance to their families and the people largely depend on illegal hawala transactions to send money to their homes. The people at the destination are treated as second grade citizes’s and often get soft target of hate campaign perpetuated by the local political organisations. On the other hand HIV prevalence among the migrants in these districts is high in Orissa. The state government yet to take any step to provide support and step out any coordination with the host states for welfare, basic services, social security and food entitlement of the people and their families.

Migration due to industry and development induced displacement:

Walter Fernadez states that, the number of displaced people and project affected people in Odisha was 1.4 million. As per UNDP reports, in the state of Odisha 100,000 families have experienced displacement since independences and about 2 million have been affected in varied degree of displacement on account of development project. In Orissa, according to Walter Fernadez only 35.27% families of the total displaced people have been resettled. Question arises, where the other displaced people have gone? Either they have moved to other district or migrated to other states as wage labourers or their existence has not been recorded in any of the government survyes. Odisha too has experienced the process of secondary displacement and there are instances as how people have been displaced multiple times from their habitations. Due to failure of rehabilitation programme and utter negligence of the authorities to link the IDPs with social security, food entitlement, most of the IDPs have become mobile and resorted to migration to various places. The mindless industrial growth in Odisha and sheer neglect on the agriculture sector resulted large number of small farmers and agriculture worker joining informal labourer force which is multiplying rapidly. The high industrial development is also brining in large chunk of migrants from adjoining states like Chatisgarh, Jharkhand and Bihar and at the same time the wellbeing and social security of these in migrants are also being largely ignored. .

Migration due to natural disaster and conflict:

Odisha is prone to a number of natural disasters affecting large number of people both in coast, hilly and agriculture rich regions. While the coastal regions are prone to cyclone the western districts are more vulnerable to drought and famine. In 1999 super cyclone which shattered the people’s livelihood and habitation triggered large scale migration of people to urban locations like Cuttack, Bhubaneswar, Rourkela, Berhampur and other smaller towns. The frequent onset of floods in the delta region of Odisha also has been a triggering factor for short term migration. Moreover, the prolonged drought situations in western Odhisha are believed to be key reason for pushing migration of poor landless agriculture labourers and small farmers to other states.

Besides natural disasters, manmade disaster such as the recent communal riots in Kandhamal in Odisha witnessed large scale migration of people to the cities. Thousands of riot effected people reportedly migrated to Bhubaneswar, Berhampur and also moved to states like Kerala after the riots and still large numbers of people are yet to return to their homes and living under severe distress.

The growing armed conflict between security forces and Maoist cadre in some of the tribal region may push people into the threshold of involuntary mobility. There are speculations that once the conflict escalates and takes an ugly turn the same may trigger off large scale migration of people from their habitation as it happened in the neighbouring Chhattisgarh from where large number of tribal people have been displaced and migrated to Andhra Pradesh.

Migration due to human trafficking:

Data available with the home department, Govt of Odisha says as many as 3,578 women, mostly minor and young girls, remained untraced between 2000 and 2005. The increasing events of women trafficking in Odisha has been a great concern for the government and civil society organisation. According to unofficial sources, girls and women belonging to economically backward sections of the coastal Odisha and the poor of tribal-dominated western Odisha are regularly supplied out of the state. Taking the advantage of their poverty and simplicity, the brokers trap the young women in their net by giving false promises of marriage, job and so on. Sundergarh district is one which tops the list followed by a dozen districts which are major sending area of women trafficking. Similarly, child trafficking is also a major growing concern for the state.

The government response:

The inter-State Migrant Workman Act of 1979 was enacted with a reference to the Dadan system (debt migration) of Orissa. While the migrant labourers are contributing hugely to the state economic in terms of remittance of more than 3000 crore, and a thriving business of labour market and illegal recruitment of women for sex work, the government is yet to ponder on the issue and come up strict regulatory and enforcement measures. The enforcement authorities at the district such as department of labour and police and Department Women and Children, Department of Education, Department of Civil supplies hardly have any clue or data about the movement of people.

In the process of human mobility, the migrants are left out from grassroots governance process and stay away from Gram Sabha, General Elections, poverty survey and the ongoing Census operations and UID ( Unique Identification) is going to bypass lakhs of migrant unaccounted. During 2005, the Govt of Odisha has opened a special migration cell in Kesinga in Kalahandi being headed by an ALC (Assistant Labour Commissioner) later being abandoned callously without any valid reason. In the past, thousands of hapless peoples includes women, children and labourers were rescued in distress from various states are yet to be rehabilitated by the administration. One of pioneering work which the government in the past has done to prevent child migration through running Community Care Centres in Bolangir and Nuapada by the SSA is today being neglected and needs revival.

Undoubtedly, the MNREGA and the array of food entitlement have the necessary element of reducing distress migration and poverty. While, the MNREGS can provide gainful employment and create livelihood assets, food security will be met from the food entitlements. However, it all depend whether the administration gears up the programme and target it to address the distress situations. Till today, most of the programmes are in state of despair and yet to fulfil its key objectives. While the MNREGS average employments in Odisha are 34 days and undergoing serious non compliances, the key food and social security schemes are gasping under the bureaucratic and political wrongs.

Trafficking of women and children are another area which needs adequate attention by the State. Despite, there are laws to curb illegal women trafficking, strict vigilance, monitoring and enforcement of law and political will somehow lacking in tackling the issues with effective collaboration with the civil society organisations.

The government of India under its National Disaster Management Authority clearly laid down guidelines for effective response and disaster management. All most every State today has a policy, plans and infrastructure towards mitigation and reduction of disasters and its effects. The disaster risk reduction (DRR) mandate of the government is a well articulated step towards making the community disaster resilient. It is often observed that, due to lack of preparedness and adequate relief and rehabilitation, poor people tend to move out to safer places and become vulnerable to migrate to far-flung areas. Hence, timely response and rehabilitation help the people to overcome the shocks of disasters. The impact of climate change on farmer, fishing communities and the forest dwelling communities will further alienate from their traditional livelihood and make them vulnerable to migrate to sustain their livelihood. It is imperative that the government need to be sensitised and make relevant plans to address the situations through proper mitigation and adaptation measures.

Migration sometime regarded as alternative livelihood for the people. Due to rapid industrialisation and infrastructure building, there is a huge demand and need for skilled person power requirement in various sectors. The government has set up National Employment Mission to train and upgrade various skills of people who will be engaged on a huge scale. However, the poor labour standards, deplorable living and exploitative working condition making the poor more vulnerable and poor. The huge remittance which the migrants are sending today need to be streamlined by the government for effective management of remittance.

And finally, the migrant who are outside of the realm of social security, food security and various labour welfare measurers should be adequately addressed. Both the sending states and the receiving states need to have a proper coordination to create win-win situation for the migrants.

Civil society and NGO response:

Over the years, the role of media in highlighting the migration and women trafficking issue in Odisha is quite encouraging. Often both the print and electronic media has been quite vocal on the plights of migrant workers. Small but significant intervention by NGOs and activist in addressing migration at the sources area through alternative registration, linking with government entitlements, schooling for the migrant children, collaborative work at the destination for the rights of migrants, prevention and recue of migrant labourer, trafficked women are quite productive and needs up scaling.

However, much more need to be done by the civil society in engaging both at the micro and policy level to bring in quality changes in the lives of poor and marginalised who are increasingly becoming invisible.

Key recommendation:

• Registration of migrant labourer is essential to regulate and monitor the outflow and inflow of migrant labour at both source and destination states. Special identity cards should be provided to migrant people by local panchayats.
• Strict regulation and monitoring of middleman engaged in labour trading should be done by the enforcement agency.
• Special effort need to be taken to enrol all migrant in the ongoing National Census 2010 and provision of UID which will entail the migrant all social security and food entitlements at all places.
• Access to food entitlement and employment under MNREGA to be prioritise to address distress and provide employment to people during lean period and prior and after the migration season.
• The left-out family members of migrants need to be covered under all food rights entitlements and social security programme on priority and protected from hunger and starvation.
• The State government at the source area in the destination states, district administration at the district should take steps to provide subsidies rice, MDM, ICDS and other social security entitlement to the migrants at the worksites. Better wage and good working condition is a must.
• Migration of children of school going age needs to be restricted through opening of seasonal hostels to continue education at the sources area and special bridge education programme at the worksites.
• Special monitoring cell to prevent women and child trafficking in the states should be taken on priority. Adequate social and economic rehabilitation should be taken up for the all rescued trafficked women, men and children.
• The disaster prone area should have contingent plans for effective rehabilitation and resettlement measures to prevent people from migration and getting trafficked.
• Training programme on Employment, Entrepreneurial skill development skill and Capacity building process to be undertaken for the migrant youths.
• Immediate revision of Inter-State Migrant Workman Act of 1979 should be done with adequate provision for protection of migrants’ rights and penal provision for the offenders.
• Creation of Inter-state government migration coordination cell between the host and source state should be envisaged to monitor, regulate and facilitate safe and protected migration.
• Effective disaster management response and mitigation to arrest exodus of people. Special plans for mitigating and adapting to the climate change related disasters induced migration.
• Special programme should be envisaged to provide care and support to the migrant affected and infected by HIV and AIDs.
• A special labour welfare board for the Migrant should be constituted for the welfare and social security of migrant labourers and their families.
  
  
  
  
  

Rotting food & food security of migrant workers

Umi Daniel

“We eat Kanki for 6 months while we were in the brick kilns” and eat rice when we are back in our village, says Daimanti who is among thousands of poor people come to work in the brick kilns in Andhrapradehs. Kanki in western Orissa dialect meaning broken rice and mostly used as poultry feed in Andhrapradesh. The chicken feed in the poultry farm is further fortified through adding nutritious ingredients like dry fish, maize, sorghum, bajra and other concentration of vitamin and protein to make the chicken healthy. However, the worker in the brick kilns can’t afford to have the luxury of fortified vitamin or protein in their meal rather eats the broken rice by adding water, salt and raw onions. In Andrapradesh when we ran schools for the brick kiln children, the first thing we insisted with the government is to have school meal programme for the brick kiln children. And within a week the government expanded the coverage of mid day meal to the migrant oriya children. The cook engaged in the school meal programme got astonished to see the quantity of food Oriya children eat in comparison to their telugu children studying at the next door. While the cook calculates rice at 80gm for the local children for one time meal, for Oriya children she measures 100-120 gm except for Monday when she puts some extra rice knowing well that the demand for food on the first day of the week is unusual. Why the demand for food on Monday is more? Is it because the school is closed on Sunday and the child has to eat kanki twice unlike other days when the child get midday meal. I personally went to the school on Monday to observe the midday meal and could feel the young children’s hunger which is quite noticeable during the lunch hour.

Any fast emerging economic growth often demands huge skilled and unskilled workforces who are engaged to build the monument of corporate, public and government infrastructure. Today, millions of workers who are engaged in building the fast growing infrastructure and the growing economy of India are living under extreme forms of hunger and starvation. The migrant workers who move from one place to another get completely excluded from accessing subsidies rice, mid day meal, nutritious food for infant and other social and food security.

While the FCI The Food Corporation of India is a proud owner of 60 million MT of food grain in its warehouse and with conservative estimate 10% of the food grain every year is lost due to poor management, corruption and maladministration. On 12th of August, the Honorable Supreme Court expressed its anguish as come down heavily pertaining to the rotting of food grain in open field The Supreme Court appointed Commissioner on right to food says 50,000 MT of food grain has damaged because of poor storing. On the other hand, the government is yet to decide as to how the food will be distributed to the people, should it be given free or with low cost? Today there are millions of people who are vulnerable and want a decent meal for them and their families. The food grain in India is rotting in the open field and the debate is whether the same will be given free of cost or no cost to the people. While, millions of people like the workers in the brick kiln don’t get adequate food and suffer severe forms of malnutrition, why we don’t provide them a day cooked food at the worksite with subsidies cost.

The NAC ( National Advisory Council) of the UPA has recently has in principle agreed to expand the PDS access to 75% of the people who are living in both rural and urban area. Although the number of people who will be covered under the proposed food security Act is less than the actual, however, it is a welcome step and has the necessary ingredient to bring in a large number of excluded communities under its fold. It is yet to be understand as to how the groups such as migrant workers will be able to get covered under the Act and one does expect a lot of policy dialogue and spade work for identifying, tracking, monitoring and targeting the migrant to access a wide range of food schemes both in origin, transit and destinations within districts and inter-state.

‘Launch comprehensive programme to prevent migration’

Sudhir Mishra
Even as the Government is claiming that poverty has reduced by 7.25 per cent and MNREGA has reduced distress migration in Odisha, incidence of migrations is rising not only from western parts of Odisha but also from all over the States to outside States namely Andhra Pradesh, Karnataka, Tamil Nadu, Maharashtra, Gujarat, West Bengal, Assam, Kerala and other places in search of jobs, only to face exploitation, torture and even losing their lives there.

The sordid tales of the migrants came to fore in a public hearing organised by Food Rights Collective, Odisha in collaboration with Agragamee and Samuhik Marui Pratikar Udyam, Balangir and Padampur on September 20 here.

I migrated to Karnataka along with my wife, son and brother four years ago through local sardar, said Kishore Parabhue of Tentelkhunti. I had no idea where we were going and we came to know only at the time of boarding a train. We worked in the brick kilns in Hassan district and faced constant torture and the owner did not allow us to leave. Somehow the members of International Justice Mission in Bangalore came to know about our conditions and rescued us, he narrated his sordid tale.

Every year around 20 lakh people are migrating from Odisha to Andhra Pardesh, Tamil Nadu, Uttar Pradesh, Gujarat, Karnataka and other States. While a majority of people from coastal Odisha goes to Gujarat and other States, nearly three lakh people from western Odisha migrate to Andhra Pradesh, Tamil Nadu and Karnataka mainly to work in the brick kilns, says Umi Daniel of Migration Resource Information Centre, Bhubaneswar.

The number of migrants increases in drought years. Moreover, in recent times migration has increased from disturbed areas like Kandhmal where communal violence has taken place, he adds. I was working as an anganwadi worker in Katodi village in Tikabali block in Kandhamal district. The communal violence, which occurred in Kandhamal two years ago destroyed our homes and property and I am now eking out a living by working as a house maid in Bhubaneswar, said Premasila Digal. I appealed to all concerned officials to help me so that I can return to my home but I have been threatened by people there who say that they would kill me, she said sobbingly.

Not that migration is continuing from western Odisha only, but it also continues from primitive tribal districts. We were living in the Mahaliasahi village of Mayurbhanj district since the last 30 years and as Makadia tribes we live by collecting Siaali leaves. As the Forest Department has now put restrictions on collection of Siaali leaves, we don’t have any other job and we are forced to migrate to greener pastures. Last year five persons of our village had gone to work in Basudevpur of Bhadrak district and one of our members became ill and due to lack of treatment he succumbed to the illness, said Singaroy Mankadia.

People are migrating to other places as MNREGA work is not available in our village. I went to Hyderabad to work there and the contractor had assured me to give `3,000 per month but after arriving there I was forced to work for 14 hours per day, said Tutu Jani of Gunur village under Dasmantpur block of Koraput district. I worked there for three months and after three months, the owner kicked me out giving only `3,000 for 90 days of work, and that too after much protest, said Jani.

Besides this, incidences of exploitation, torture, and even rape of migrant workers are very common.

I along with my wife and some villagers had gone to Andhra Pradesh, said Kshirodra Tandi of Tukulapada village under Kumuna block of Nuapada district. After working there for a few days, owner of the brick kiln Kisan Seth raped my wife and he assaulted me when I protested. On the fateful night, he sent me back to Nuapada in a bus. My wife was rescued from his clutches after many days, he said.

We are organising the public hearing to sensitise people and the district administration that poor people are migrating and facing exploitation in spite of many Government programmes and social security schemes. The Government has a responsibility to ensure their livelihood, entitlement and human rights at work place and during migration, says leading social activist Achyut Das. An integrated comprehensive migration prevention progamme should be launched to ensure safe passage of migrant people, opines Das.

All the migration case studies coming out in the media should be documented and a public interest litigation (PIL) should be filed in the Odisha High Court. Moreover the Inter-State Migrant Workmen Act, 1979 should be amended so that migrants can get the benefits, observes Abani Mohan Panigrahi of Nuapada.

The Inter-State Migrant Workmen Act, 1979 should be more publicised so that people can become aware of it, opines senior journalist Sapan Bohidar. The registration of migrants should be given to the panchayats and as MNERGA is implementing job work, it can be utilised to prevent them from migrating by showing the amount of work available to them, points out an NGO worker.

The jury comprising of leading social activists of the State like Achyut Das, Sashi Prabha Bindhani, Dr Namita Patel, Sapan Kumar Bohidar and Puspanjali Satpathy critically examined the various testimonials

and suggested how the problem could be tackled. A State-level advocacy initiative should be initiated after the compilation of all the testimonies and suggestions should be placed to address the problems of migrants, opines Sanjaya Mishra.
courtsey: The pioneer

Census, UID and locked homes

Umi Daniel

According to 2001 census, 309 million persons were migrants based on place of last residence which constitute about 30% of the total population of the country. This figure indicates an increase of around 37% from the census 1991 which was recorded 226 million migrants out of which male and female migrants. Out of the 309 million migrant in 2001, 91 million are males and the rest 218 are females. The large women migration is due to marriage and described as due to work/employment, business, education, moved after birth, moved with family and others.

The 2010 census of India has been rolled out with two clear objectives of counting India’s ever growing population and providing its citizen the much publicized, multipurpose national identity card using the latest biometric identification particulars. The 2010 census data which will be collected through the house to house survey will have a wide range of information pertaining literacy, housing, employment, livelihood and general wellbeing which is very valuable for development planning.

India is the second largest populous country in the world with over 1.18 billion people and the 2010 census along with issuing of National Identity biometrics card will have to reach out to the length and breadth of the nation and its citizens. However, one is forced to ponder on a question whether it will reckon all people and cover all eligible citizens? To further probe on the issues someone need to examine the Census Phase I process which was under taken during April 2010. Recently I had an informal discussion with one of the senior Census official of Orissa and he too cast doubts about its reaching out to a variety of population which include seasonal migrants who generally move out from their habitation and temporarily live in difficult area and unidentified destinations. In India most of the migration is seasonal and it occurs during October to June. And often one encounter the popular mismatch between certain government programmes which doesn’t tune to the migration seasonality. And the Census 2010 which has been planned in two stages; phase-I, during April and the subsequent phase II during February 2011 will certainly ignore a large chunk of people who are completely isolated and excluded from the mainstream social and economic nerve system of the country. Majority of the people who are going to be excluded from the process is the migrant labourers who travel within the state and move across to other states for seasonal work and employment. For instance, when the first phase of the census was carried out in April 2010, large contingent of seasonal migrant were at the worksite and I am sure 90% of the people would have been overlooked and excluded. Further the phase-II Census during February 2011 yet again will commence at a time when the migrant will be at their work place located in a different geographical region. The Census phase II is also going to slot in collection of digitalized biometric identification particulars of the people. To conduct flawless biometric identification process one does expect that all people to remain in the village and physically present to fulfill the obligation needed for UID exercise. In case, certain people are absent during the exercise, I hope the UID has adequate provision to keep the exercise continue till the last person in the village is covered or keep following the migrant to his worksites. I am afraid, both the process is going to be quite complex, time consuming and reasonably expensive. Since drought is looming large, many of the poorest pockets in India is going to experience more migration this year. Expectantly, Mr. Nandan Nilkeni the chief architect of UID is pretty aware and equipped to face these challenges.

Today with a growing economy and creation of uneven economic opportunity in urban areas, both distress and opportunity human mobility from rural to urban area is fast growing. It is the migrants who badly need the unique identification card. I am sure the id-card will help them reestablishing their citizenship rights which have been fast deteriorating due to distress and forced mobility and offer the migrant their legitimate and uninterrupted access to social security, food entitlement, children’s education, health, insurance, voting rights like a roaming mobile phone at all time and all places.

NREGS failed to contain rural migration in Orissa: CAG

PTI, Jul 22, 2010, 09.51pm IST

Despite implementing the National Rural Employment Guarantee Scheme (NREGS), rural migration increased by a whooping 116 per cent in Orissa with irregularities in galore at many fronts, a report by the Comptroller and Auditor General (CAG) of India today.

The rate of rural migration was abnormally high by 483 per cent in Nuapada district while the state average was 116 per cent, CAG said in its report for the year ending March 31, 2009.
The report which was tabled in the assembly today found several lacunae as incidents of manipulation in muster rolls, non-payment of unemployment allowance and others.

"Deceased persons, government employees and old age persons were shown engaged and received wages," the report said adding 61 per cent beneficiaries were not even aware of their rights and privileges they are entitled to under the scheme.

Use of labour displacing machines was also noticed in Jajpur, Mayurbhanj and Nayagarh districts. Inspection in 26 blocks found that 11030 works were executed at Rs 154.99 crore through contractors/middlemen in the guise of Village Labour Leaders (VLLs) and department officials.

Bondage and death in brick kilns

Umi Daniel

In just two months from now the brick kiln workers of western Odisha will return home from other sates where they had migrated to work. . Worksite schools particularly located in Thiruvalur in Tamilnadu and Nalgonda in Andhrapradesh are already facing sharp drop out of children who are being coerced to put extra work to fulfill their target number of bricks. It may be noted that worksite schools are run by some NGOs like Aide et Action, Action Aid in Tamil Nadu and Andhra Pradesh to provide education to the children who migrate to the brick kilns with their parents. These children are employed in the kilns from very early age. The entire family has to accomplish their commitment of making 1.5 lakh or more bricks for which they had taken advance from the labour contractor (sardar), the middlemen between the labourers and the brick kiln owners. Lesser the brick moulded, lesser is the in the weekly food allowance labourers get from the owners. As per the norms, each 1000 bricks were made will fetch Rs. 30 as food allowance. During summer a family of three (generally two adults and a child) will roughly make 7000 bricks per a week and entitled to get Rs 210 food allowance. An average family size of 3-4 have to reconcile their food need with whatever they get as weekly allowance. However, few are doomed as their own calculations have been flawed and the brick kiln owners have revised the target to make more bricks against what was agreed earlier with the labour contractor. In most cases the labour contractor deceive the labourers in terms of actual negotiation he held with the owner pertaining to agreed wages, number of brick, transport, food allowance for the workers. At every juncture, the labour contractor earns commission and pass on the buck to the labourer who at the end has to repay the same by doing extra work without any extra remuneration. Now there is no option left for the hapless people but to obey the dictate of the owner. Otherwise, they will be harassed for their final payment, will be denied transport, food and travel allowance as well.

In December 2009, Rahasa Rana from Jamutbahal village in Sandhibahal panchayats of Gaisilet block of Bargarh district of Odisha migrated with 3 member of his family to Puchiathipet in the suburbs of Chennai. He had taken an advance of 15,000 from the local labour contractor for making bricks. In 2009, the movement of the people to brick kiln had delayed by three months. Usually people migrate from western Odisha to Andhra Pradesh and Tamil Nadu brick kilns during September/October. But this time around the movement has been delayed by two/three months owing to reduced demand for real estate which in turn reduced the demand of the bricks. Experts attribute the drop in demand to the global recession that also affected India. After November 2009, the market showed signs of revival impacting the renewed demand on the brick industries. . The workers were thus recruited late in December and started moving to the brick kiln by January. Rahasa and his family have put in daily hard work of 12 hours and accomplished an average 7,000 brick per week. Within two month the entire family moulded more than 50,000 bricks. However, during middle of March, to excessively hard and long hours of work accompanied by inadequate food Rahasa slowly started complaining sever weakness, nausea and ill health. The local RMP (Registered Medical Practioner) gave him some vitamin pills but to no visible result. And after two days Rahasa collapsed before he could be taken to the hospital. The owner cremated his body in the same evening and the family was sent back with a compensation of 2,000 rupees. The owner was in fact more worried about the completion of task which remains half done by the family than the treatment of Rahasa.

Abhi Bhoi, from Bijaghat, in Lokhana Gram Panchayat under Muribahal block inBolangir district in Odisha too joined in January this year with other migrant labourer from his village to the brick kiln in Chennai. His wife and two daughters also accompanied him. He would not have thought in his wildest dreams that this would turn out to be his final journey of life. He had taken an advance of rupees 20,000 from the labour contractor and landed up in in the kiln with an agreement of making 150000 bricks in five months. Mostly during winter the output of brick making goes up to 1500 bricks per day and a unit of brick maker can achieve target of 40,000 bricks per month. But in summer the output sharply dips down as labourers have to work in the scorching heat and under humid conditions in Chennai. The task is quite painstaking. The workers put their sweat and blood to meet the target. After working for two and half months, Abhi Bhoi complained of stomach problem but ignored it thinking it as a minor health disorder owing to adjustment problem to the climate, food and water in the worksite. Gradually, however he started feeling acute pain on the lower abdomen. The local RMP administered some pills but no improvement of condition resulted. He was admitted in a general hospital at Central Chennai but died the same day. The owner claims he has spent thousands of rupees for his treatment but couldn’t save his life. The family members performed last rites and rituals of the departed soul at the brick kiln with their fellow workers. The owner instead of sending the family back to home state asked them to continue work. Since they will no longer be able to make bricks in absence of Abhi, they are now engaged as head loader in the brick kiln.

Working as brick carrier or head loader in the brick kilns is one of the tough and labour intensive work. Each of the labourers has to carry brick on their head and walk a distance of 50-150 meters. Each brick weights approximately 4.5 killo. The man and women both do the work and each of the people gets an advance of rupees 5,000 to transport approximately 1.5 lakh bricks on head load in the full season. The wage system is somewhere rupees 50-60 to transport 1000 bricks. While, rupees 40 is deducted from the advance, rupees 10 are given as food allowance during the work. In a weeks’ time, a group of 2-3 members of a family carries around 10,000 bricks which is equivalent of 45,000 killos!

Garib Sunani from Goheria village in Golamunda block, Kalahandi district of Odisha is a first timer to the brick kiln and preferred to work as brick carrier in the brick kiln in Chennai. He and his wife have took advance money of rupees 10,000 from the labour contractor. Both of them have to transport 3,00,000 bricks on head load during the span of 5 months. During their work in the brick kiln both wife and husband would earn weekly rupees 120 as food allowance. However, one day while Garib Sunani was carrying brick he slipped and fell down and got his spinal cord injured. The RMP at the site gave some pain killer but Garib didn’t get any relief. With unbearable pain he is continuing the work and the owner is hellbent on him to complete his commitment. Now the burden has obviously shifted to his wife and daughter who are struggling hard to fulfill their task.

Case of Rupadhar Bariha from Solbandha village under Patnagarh block of Bolangir district of Odisha portrays a gloomy case death and slavery in Brick Kiln. Bariha with his wife Anjana and two minor sons went to Udaimal in Nalgonda district of Andhra Pradesh 6 years back. They were given no advance money but were kept as bondage labourers there for these many years. Every time they ask the Kiln owner Jagan Seth to go home after the end of session, Rupadhar would be subjected to physical assaults and threat by the owner and his supervisor. However, finally in April 2010 when he urged to go home, Rupadhar was severely beaten up by the kiln owner and his goons. When the family protested, they were also ill treated. Dejected and hurt Rupadhar was left in his makeshift hut at the site, but later he was found dead in suspicious state of hanging from the roof. His wife was shocked, terrified and unable to protest the inhuman act which was committed by the kiln owner. The family was kept for 8 more days after the death of Rupa and were allowed to go home with a compensation of 1000 rupees. Signature of Anjana was taken on a paper by the kiln owner where something in Telugu was written which Anjana could not read. The bereaved family had to perform his last rites near the kilns itself. Back in their village, the family does not dare to file a complaint with the police due to lack of confidence to follow up the case.

Brick kiln in India produces around 140 billion brick and second largest brick producing country after China. If someone does a simple calculation, the brick kilns which are the backbone of the growing real estate and infrastructure industry will be anywhere 280 billion rupee of business turn over. According to Indian Brick Manufacture Association, approximately 1 lakh brick kilns are operating in India which employs more than 4 million workers. Most of the workers are migrants who belong to backward and underdeveloped regions of the country and normally hail from low income and socially disadvantage section of the society. Till today, the brick manufacturing is considered as highly labour intensive which consist both skilled and unskilled work force covering adult and child labour. Bandhua Mukti Morcha, the national campaign against bonded labour led by Swami Aginivesh in 1981 has first raised the issues of the brick kiln workers who are living a life bondage and contemporary form of slavery. The entire process of recruitment, transit, working and living conditions in the brick kiln is a testimony and indication of existence of severe form of human bondage.

Government under its arm has a plethora of laws, legislation, regulatory and enforcement apparatus to protect the rights and entitlement of migrant labourers. Inter State Migrant Workman Act of 1979 which was enacted to protect the concern of migrant labour has failed to safeguard the interest and living condition and wellbeing of worker which is a paramount obligation of the government at source and destination. On the other hand barring some labour unions, few civil society organisations are engaged with the migrant labourer to make them aware, organise and advocate for their rights and entitlement. Since it is required a concerted effort to network both at source and destination which involves networking at multiple states, tracking of labourers and coordinate with the respective states for the protection of rights and entitlements of the migrants. The government machinery in this regard has not done enough and lot more need to be done in relation to enforce labour standards, provision for compensation, living condition and elimination of all forms of bondage and slavery exist in the brick kilns.

India with its roaring economy and a distinct inequality of people in the rural area is a huge concern for all. While, it is important to reduce the distress or forced migration of people, a more human approach to manage and monitor migration is utmost important to provide a level playing ground for the unorganised labourers for their rights and wellbeing.

Food Security Bill and hunger in Orissa

Umi Daniel

On the eve of world food day 2009, World Food Programme (WFP) has revealed that the total number of hungry people across the globe has touched one billion. In India more than 350 million people are hungry and most of the hungry people are from the states which are underdeveloped and backward. Orissa is among the poorest of India’s poor states. It depends largely on an undiversified and subsistence agricultural economy. The poverty headcount rate is 47 percent. Poverty is an overwhelmingly rural phenomenon and is clearly linked to lack of physical access to land, low productivity, and faulty implementation of government food, nutrition and social security schemes. The pervasive and chronic food insecurity of poor communities in Orissa is captured by anthropometric measures as over half of the children between 1 and 5 are stunted. Almost half of all adult women and three quarters of all children under three in Orissa are undernourished. The infant mortality rate for Orissa is higher than any other state in India. And child malnutrition in Orissa is significantly higher than the national average.

The KBK region and other tribal pocket in Orissa are the worst victims of food insecurity because of devastation of forest economy, destruction of natural resources and large scale displacement due to mindless mining and industrial expansion. The prolong unemployment, marginalization and hunger force the people to migrate to other states in search of employment and livelihood. The frequency of natural disasters like cyclone, flood and drought is again making the people more vulnerable and food insecure. In coming days, the climate change effect will further aggravate the situation on the grounds in terms of natural disaster and food production. The over emphasis on the industrial growth in Orissa has outshined the augmentation of agriculture, employment and investment on social security and basic service exacerbating the economic and social vulnerability of the people.

Frequent bouts of Hunger and starvation in Orissa’s poorest regions like Bolangir, Kalahandi and Koraput has become a national shame and public outrage. As per some study, since last 10 years Orissa has reported more than 450 cases of starvation death from various parts of the state out of which bulk of the cases were reported from the KBK region of Orissa. Quite recently, the Hindustan Times has reported the utter vulnerability and distress condition of people living under extreme hunger.

The Union Government’s ambitious National Food Security Act (NFSA) is in the pipeline and going to be passed soon. However, I cast doubt over it and wonder whether the Bill will bring in any impact on the state of Orissa. The key objective of the Bill is to streamline, squeeze and target the food distribution (rice and Wheat) through the PDS with a populist price tag of 3 rupees a kilo and reduced entitlement of 25 Kg from the existing 35 Kg. further the Bill is going to exclude the APL category of beneficiary who are currently guaranteed selected food entitlements. This means the people in KBK who irrespective of APL accessing food will be barred from getting such benefits. Moreover, the Bill is yet to spell out clearly about the fate of Antodaya which is being provided to the poorest community and individuals as food security.

The much hyped and populist policies like 2 rupee rice will certainly give the people some relief to access food, however, the structural aspects of poverty and food insecurity still remains a phenomenal task before the government to tackle. Interestingly, on food security front the state is often compared its record on human development index with some of the poorest sub-Saharan African countries which are poor, underdeveloped and hungry. While, the global Millennium Development Goal of UN has been advocating for halving the hunger by 2015, Orissa needs to come up with its own and realistic goal for alleviation extreme poverty and hunger. Orissa certainly think beyond the current mining economic strategies to a more human development economics with a clear goal of ending extreme hunger, malnutrition and underdevelopment.

Child Trafficking in Orissa increasing

Umi Daniel

Five minor tribal boys from Rayagada district were rescued by the railway police from the railway station at Bangalore on 13th February. All the boys are in their teen belong to Hikriguda and Mardijhola villages from Dumernali Panchayt under Bissam-Cuttack block in Rayagada district. According to the statement of the rescued boys, a person called Madhav has allured them for migration to south in order to earn better wage and lifestyle. He first brought these boys by a truck to Rayagada and later boarded a train to Balugam in Orissa. Afterward, a person named Gandhi has appeared at Balugam and accompanied the boys throughout the train journey to Bangalore. None of the boys had any idea as where they are heading towards.

The group arrived in Bangalore on the early hours of 13th February and while the boys were waiting at the railway station platform, the police got suspicious and detained the children and quizzed to know the reason behind their coming to Bangalore. Since the children were unable to understand any language other than Oriya, the boys were later handed over to the CWC, Child Welfare Committee, under the Women and Child Development department of Govt. of Karnataka and shifted to the Children’s home.

The CWC has published the details about the children in the local news paper in Bangalore. Based on the news, Concern for Working Children, a Bangalore based NGO has visited the Balamandira (children’s home) and seek to interact with the children but fail to communicate with them because of language problem. Subsequently, the CWC informed Migration Information Resource Centre (MiRC) Aide et Action, Bhubaneswar to help establishing communication with the boys to know their details. Consequently we have requested one Mr. Kamaskhi Panda from Orissa who stays in Bangalore to help communicating with the children. Now CWC has been able to access all details about the boys and communicated to MiRC. Immediately the information were passed on to the local press and the District Collector of Rayagada for appropriate action. Information last reaching indicates that, the parents of the boys have been informed and attempt are being made to facilitate safe return of the boys.

This issue is not an isolated case where children's are being lurred and taken to far off place to work in various hazardous industries like, poultry, seed farms, apparell factories, doestic work and various such sectors where the labour of the child can be exploited. The Government of India is coming up with ICPS ( Integrated Child Protection Service) in line with ICDS to take proactive measures to protect the rights of the children. This will allow the government to set up child rights protection committees and keep a vigil on movement of children to other states and coordinate joint operation with other State government and district to rescue and rebailitate the victims.

Migrant rape victim got justice in Andhra Pradesh

Umi Daniel

After 7 years of unrelenting effort by some of the activist and organization, finally justice has been delivered to Sushila Deep (name changed) a dalit girl who along with other two minor tribal girls from Bolangir district were raped under captivity in Bharat Nagar in Hyderabad by the brick kiln owner Feroz khan his brother Ayub Khan and a labour agent Sanju Sagaria from Bolangir. The verdict was delivered by the Additional Metropolitan Sessions Judge cum-III Addl. District & Sessions Judge9 FTC) on 22nd on January 2010 found the accused guilty under offence 376,341 & 506 of IPC and sentenced accused to undergo rigorous imprisonment for 10 years.

This gruesome incidence came to light when the parents of one of the girl escaped from the brick kiln and reported the matter to the local media and government people in Bolangir during August 2003. Immediately some activist from Bolangir rushed to Hyderabad and with the help of Action Aid, the rescue of 40 people was initiated on 27th August 2003. Out of the 40 people, 20 were children who were malnourished; one was a disable and one woman who lost her mental balance due to the inhuman abuse and torture unleashed on the people by the owners. With the help of Cybderabad Police Commisionerate all the victims were rescued, criminal cases filed agsint the culprit and all the released workers were sent back to Bolangir. Despite of the fact that these people were rescued under Bonded Labour Abolition Act, none of the rescued labourers were till today provided any rehabilitation support provisioned under the Act in Bolangir in Orissa. This was not an isolated case, during 2002-2006, more than 600 people were rescued from Hyderabad under bonded labour Act and still these people are waiting to be rehabilitated suitably by the government.

The hearing of the case started during end part of 2008. Some of us who were part of the rescue were quite determining to take the case to the logical end and see that the perpetrators were brought to justice. It was quite difficult to convenience the victims since all three of them were married and had their own family. Finally, Sushila despite of opposition from her in-laws and family has finally testified before the First Track Court in Ranga Reddy and narrated her story in camera. Some of the activist and family members of Sushila have also corroborated their statement and tightened the case. However, the accused could only be punished under IPC 376, 341 and 506, Rape and criminal intimidation and other charges like, Bonded labour and POA SC &ST can’t be proved. The case would have been strengthened if the Public Prosecutor did his job seriously. Those who attended the court can say that the PP was not very cooperative and let loose the case in the hands of Counsel of the accused.

Finally justice was delivered to the poor girl and 2 more accused are still at large. We would try our best to pursue other two girls to appear before the court ( which the judge has also requested) to punish other two who are equall partners in the crime committed on the poor, helpless tribal and dalit migrant labourers.

*The author has initiated the rescue and following up the legal processes together with others.

Migrants workers are in dire need to be brought under a social security regime- Chief Justice of the Supreme Court K.G. Balakrishnan

Umi Daniel

The unorganised workers social security bill2007 was debated and passed by the Rajya Sabha in Oct 2008 and by the Lok Sabha in Dec, 2008.The President gave her assent on 30th Dec, 2008. The Ministry of Labour has also issued rules based on the Act.

The Act has been criticized by many as a useless piece of legislation on various grounds, with the most serious condemnations coming from none other than the Chief Justice of India Mr. K.G. Balkrishnan. The criticisms against the Act include that it does not guarantee any justceable right to social security for the unorganized sector workers, contains no provision for the creation of a social security fund, excludes more than 90 percent of the workers by delimiting eligible unorganized workers to only those living below the poverty line (BPL) and precludes unemployment and disruption of livelihood within the possible social security benefits to workers.

The Union Labour Minister Mallikarjun Kharge agreed to amend an Act for providing social security to unorganised sector workers after a senior Supreme Court judge pointed out lacunae in the legislation. Justice S.B. Sinha, the third senior most judge of the apex court, at a seminar criticised the Unorganised workers Social Security Act, 2008 on many counts.“The special problems of migrant workers, especially interstate migrants among unorganised workers and the problems of their security have totally been ignored in the law,” said Justice Mr. Sinha.

The criticism prompted the labour minister to say he would correct the law “at the earliest”. “Even the constitution has been amended so many times. There is no problem in amending this small parliamentary legislation to remove lacunae pointed out by Justice Mr. Sinha,” Kharge said. “I promise to initiate steps to amend the law at the earliest,” said the minister, who was also present at the seminar organised by the National Legal Services Authority (NALSA) at New Delhi. Justice Sinha said: “Though the law provides for funding of various schemes, notified by the Government for a semblance of social security to the unorganised sector workers, it fails to establish any committed fund for financing of the schemes and leaves it on the central government to decide the matter.“It does not have any separate administrative machinery or a statutory mechanism for implementation of the law,” said Mr. Sinha. “The law effectively narrows down the concept of social security to 10 paltry welfare schemes, while most of those schemes like old age pension, maternity benefits or even the Bima Yojna (insurance scheme) for that matter, are already existing and there is nothing new in this,” said Justice Mr. Sinha. “Livelihood rights, contingencies are not included within the schemes, while unpaid women workers and unpaid family members have not been included within the ambit of the law.”

Chief Justice of the Supreme Court K.G. Balakrishnan said: “Migrants workers are in dire need to be brought under a social security regime.” Emphasizing the need for a strong social security law in the country, the Chief Justice said: “Having effective social security law is the only way to rid the country of internal terrorism.”