Time for a comprehensive policy for Education and Protection of migrant children

Umi Daniel

The collapse of rural livelihoods in many parts of India forces hundreds of families to migrate from their villages in search of work. A significant number of young children migrate along with their parents for several months. The National Commission of Rural Labour (NCRL) notes a high incidence of child labour in a number of sectors. These children are vulnerable and do not have access to the support, which non-migrant children automatically have. After the enactment of Right to Education Act (2011), which makes elementary education an entitlement for every child in the 6-14 age groups in India, there is a challenge for the state to ensure a fair inclusion of migrant children under the ambit of the act.

With the aim to discuss and develop a roadmap for the coordination of strategic interventions for a protective policy framework for internal migrant children in India, a national workshop was organised by Aide et Action International- South Asia on 29-30 November, 2011, at India International Centre (IIC), Delhi. The workshop titled as “Education and Protection of Internal Migrant Children,” brought over 80 delegates which includes development professionals, bureaucrats, activists, educationists and academicians- from across India. The two day workshop deliberated on the plight of migrant children in brick kiln, stone crusher, hybrid cotton seed, salt pan, sugarcane farms, construction, conflict migration and other hazardous industry which denies children’s basic right to protection and education. The two days, workshop has also showcased some excellent grass root level practice by civil society and government agencies in Orissa, AP, Tamilnadu, Maharashtra, West Bengal, Meghalaya, Gujarat to identify and make access to education and basic support and care for the intra district and inter-state migrant children.

Mr. Umi Daniel, Head Migration Thematic Unit, MiRC, Aide et Action, welcomed the participant and elucidated the need and objective of the National Workshop. In his key note address, Dr.Lakshmidhar Mishra, IAS (Rtd.), Former Labour Secretary, Government of India said it is crucial to retain the children at the originating point and initiate the Seasonal hostel to restrict distress migration of children and ensure continuing education. He emphasized a complete abolition of child labour in work place and suggested both enforcement and welfare from all wings of governments. Participating in the inaugural event, Mr. Yogesh Dube, member of NCPCR, New Delhi has expressed his concern about the growing incidence of migration and particularly vulnerability of children who are excluded from education and forced to work as child labour. He called on the civil society and the government to work together to address the plight of migrant children and reiterated NCPCR’s mandate for protection of children. Ms Rukmini Rao from Gramya Resource Centre, Hyderabad and the Board member of Aide et Action International said, we struggle to put law in place but fail to implement it. “Government is allocating enough resourceses but the civil society makes sure that the resources are reaching out to the welfare of migrant children.

Prof. Pravin Jha from Jawharlal Nehru University, New Delhi has expressed his concerned on the minimalistic approach by the government in translating the Right to Education Act and surprised to find how the migrant children are completely excluded from the RTE and reiterated for inclusive common schooling system. Indu Prakash Singh, from City Makers, IGSSS, New Delhi has presented the distress condition of urban homeless people and how they are denied their basic citizenship rights. Prof, Anita Chug, professor from National University of Educational Planning and Administrator presented a study on the process of drop out among migrant children.

Mr. Vinod Raina, renowned educationist and a member of drafting committee of the Right to Education Act explained that it is difficult to address the issue of migrant children in the ambit of RtEA because of the complex nature of mobility, language, inaccessibility, reintegration of migrant children. Huge effort on resources allocation, , coordination, synergy is required between host and destination places to ensure uninterrupted and continuing education for children of migrant labourer.

Mr. Harsh Mander, Member National Advisory Council of the UPA government and special commissioner to the Supreme Court said, “ Migrants in urban area is treated as unwelcomed person or some time treated as illegal entry to the cities doing casual work like rag pickings, manual scavenger etc. And in between, the life of child remains unprotected, unsafe. He said, “A non custodial right based residential school as an approach seems to be more valid. The idea here is to use the school and upgraded it for other children. Prof. Ganesh Devi, Literary critic and activist said, “Mapping and providing school is only the first step but finally, we need to work on the policy/law to be pro migrants; force our law to be for all and not for certain segment of the society, and until and unless government does so, the clash will remain the same.”

The 2 day workshop concluded amidst discussions, where the participants proposed various suggestions pertaining special Welfare board for the migrant labourers, review of Inter-State Migrant Workman Act of 1979 and focus the vulnerability of migrant families and specially children, all out government effort to reduce distress migration to prevent child migration, special education for migratory children both at sources and destination, special drive to enumerate and map migrant families, convergence of government welfare programme, participation of migrants in governance and ensuring full citizenship rights to migrant in urban and metro cities. Urgent need for Inter-state-inter-district, government coordination, improve delivery of welfare programme for migratory population and children’s access to nutrition, basic services, education and protection of rights and a larger network of civil society organization for influencing and advocacy on the issue has been emphasized by the participants.

Orissa, AP to sign agreement on welfare of migrant labour

The two States, Union government and ILO will be part of the instutional mechanism

Satya Sunder Barik

Orissa and Andhra Pradesh area all set to sign an inter-state agreement to take care of migrant labour working in unorganized sectors such as in brick kilns and construction sites. The two State governments, Union government and International Labour Organisation will be part of the institutional mechanism as envisaged under the draft agreement.

The agreement first of its kind in the country, was mooted when reports of Oriya migrant labour being subjected to torture in hand of labour contractors and brick kiln manufacturers in Andhrapradesh came pouring in.

Despite of several interventions by State Labour Commision and non government organization, no real improvement in condition of migrant labour in work sites could be achieved.

Main objective behind entering into an agreement is to ensure payment of legimate wage and provide good working condition to migrant labour. A.C Padhiary, Orissa Labour Commissioner, told the Hindu, here on Monday.

“under the draft agreement, responsibilities of both the State government have been clearly defined. Andhra Pradesh government will ensure payment of minimum wage, supervision of working condition, extension of health service, provision of health service, provision of ration cards and facilitating education for children of migrant labour” Mr. Padhiary said.

State level Cell

He said Orissa government on its part would send migrant labour by duly registering them through district level migration cell. “there will be State level cell and interstate committee to resolve various issues associated with migrant labour”.

ILO will facilitate time-to-time orientation for leaders of migrant labour and official to be depted to monitor migration issues.

Mapping of population of migrant labour moving to Andhra Pradesh for working in unorganized sectors would be carried out.

Lakhs of migrant labour especially from poverty sticken KBK region of Orissa go to Rangareddy, Nalgonda and Vishakapatnam district of Andhra Pradesh every year to work in brick kiln.

As per an estimate 3,46,471 and 2,78,641 labours from Kalahandi and Bolangir had gone to Andhrapradesh as brick kiln workers in 2008-09.

Other two district of Nuapada and Sonepur of Orissa also send sizeable migrant labourer population to Andhrapradesh.

However, officialy total number of labourers migrating from Orissa to Andhra Pradesh hardly crosses one lakh.

If an interstate agreement reached to extend welfare programmes, there would be no better news for the marginalized section of the society

Migrant labour are often subjected to torture while their children are deprived from education.

These labourers work and live in unhygienic condition” said Umi Daniel an activist who works in migration issues.

State labour Commissioner said if the agreement results in improvement in condition of migrant labour, similar pacts would be signed with other State governments.

About 20 lakh labourers migrate from the state every year. Highest 9 lakh labourers from Ganjam district alon go to Gujrat.

THE HINDU 18^th October.

Tamilnadu brick kiln bonded labourers return home

Umi Daniel

While the country is preparing itself to observe International Labour Day, a day of political demonstrations and celebrations organised by trade unions, government, and civil right activist groups for the cause of the laborers, 522 distress migrant workers are rescued from a SLG brick kiln in Bonthawakkam village of Ponneri taluk , 45 Km from Chennai, under Tiruvellur district of Tamilnadu by a joint rescue operation by the Tamil Nadu Revenue officials, International Justice Mission and Aide et Action on 28th April. These migrant labouers were kept under captivation by the brick kiln owner for last six months. They are mostly oriya migrants 495 are from migration prone districts of Orissa like Balangir, Nuapada, Rayagada and Nabrangpur, 19 are from Raipur and 8 are from UP . 170 children are under the age group of 0-14 years and 59 children between the age group of 15-18 years were working in the brick kiln.

74 families are from migration prone areas of Muribahal, Turikela and Titalgarh blocks of Balangir districts. 5 families are from Chandrapur block of Rayagada district. Khatiguda and Chandahandi block of Nabarangpur has 5 and 4 families respectively. Nuapada has 45 families mostly from Sinapali, Komna, Khariar and Boden block. One family each from Kalahandi and Koraput. Raipur and UP has 7 and 2 families respectively. Majority of the rescued labourers are from Dalit, Tribal and other backward classes. Five families are tribal castes, 57 families are dalits and 82 families are from other backward classes.

Due to the untimely rain in Chennai in the last fifteen days the brick making was stopped at the worksite. The owner did not pay for the food allowance in these days leaving the workers to starve. One of the escaped worker from UP informed the local Sarapanch of the incident. The Sarapanch alerted the district administration and local NGOs International Justice Mission and the volunteers of Aide et Action for appropriate action.

Many of them are sick while the children are the worst affected. The children are under fed and malnourished. After the rescue operation the local Revenue officer headed by Mr. Mr.Kandhasamy, RDO and Mr.M.Gandhi, Tehsildar has arranged a health camp to address immediate health needs and immediate food and shelter at the nearby higher secondary school. It is observed that many labourers are physically tortured as evident from the wounds and scars on their body. The Government of Tamilnadu has arranged a special bogie in the train to transport the freed bonded labourer to their respective destinations.

Six Aide et Action volunteers along with three Orissa labour dept officials escorted all the labourers back to their respective villages and efforts are on to facilitate their rehabilitation by the Government.

Untold stories of women migrants

They work in inhuman conditions so that the city can have malls and multiplexes. Sarada Lahangir reconstructs the horrifying experiences of women at construction sites and brick kilns
When Basumati Suna (21) stepped off the train at the Titlagarh railway station near her home in the tribal belt of Orissa last September, her joy knew no bounds. She felt she could finally breathe again, after having led the life of bonded labourer at a brick kiln in Bangalore. She and her six-month-old baby were in a batch of 75 migrant workers — which included 40 children — that was rescued from the clutches of a brick kiln owner in Bangalore, after her husband fled from the work site and reported the owner to the authorities. Yet, just a few months later, Basumati is preparing to leave home once again — this time to work in a brick kiln in Raipur, Chhattisgarh. “Nobody wants to desert their home and family, but what choice do we have when there is nothing to eat?” she asks helplessly. Basumati knows too well the conditions of work that face her. “When working in the brick kiln in Bangalore, I had horrifying experiences. Although I was pregnant, I was not given sufficient food and the owner forced everybody, including me, to work long hours. I lost that baby because of the lack of medical care and nutritious food. At that point we came back to our village, but because we were desperately short of cash, we went back. As I was pregnant again at that time I didn’t want to go back, but we had to repay our debts and returned to that brick kiln,” she says. The owner of the kiln had even sent some money to Basumati’s husband as an advance and they went back in early September 2009. Basumati worked there from September to July 2010, when she gave birth to her son. Since she herself could no longer work because of the baby, her husband was made to work even harder, although he was paid only Rs 100 a day, which is much lower than the minimum wage. When the couple expressed the desire to visit their village, the brick kiln owner got tough and refused to allow the couple to leave if they did not pay him a sum of Rs 50,000. That was when Basumati’s husband decided to escape, get help from the district administration, and bring the man to book. There are tears in Basumati’s eyes as she relates this story. She knows there are no happy endings to stories like this. “We were freed from one hell, but are soon headed for another,” she says. There are many others like her in this impoverished tribal belt of Orissa. Even minors are not spared. Katha Bangola (14), from Bolangir district, too was held in captivity by a kiln owner in Warangal district in neighbouring Andhra Pradesh. She was rescued by the district administration with the help of an NGO last April. A sizeable number of India’s migrants come from this region. They are usually landless peasants, or farmers with small, unproductive plots, who cannot feed themselves and their families. Intermittent drought and deforestation have made life more difficult for them. Then there are sudden expenses — like a marriage in the family, a funeral to pay for, a bout of illness or a crop failure. Those already in debt have to pay high rates of interest on their loans. The situation comes to such a pass that there is no option but to mortgage land and other assets and migrate in search of work. Economists have an expression for this: distress migration. What many don’t realise is the role played by middlemen in the dismal tableau. These agents are constantly profiting from the poverty, helplessness and illiteracy of tribal migrants. They readily advance money, even to the tune of Rs 20,000, and then force them to live and work in the most oppressive of conditions. This even leads — as is evident from Basumati’s case — to situations of bondage and slavery. Many die of serious ailments without any recourse to medical help. Clearly, though, it is the women who suffer the most in such situations. They are faced with innumerable problems, including having to give birth and care for children in a hostile environment. Conditions of housing are abysmal and sanitation facilities, non-existent. Not that life is easy for those women left behind in the villages, who have to multi-task perpetually — looking after the elderly in the family as well as the little ones, even while tilling their land or working in the local landlord’s fields. They often also fall prey to the wiles of moneylenders and others, and end up being sexually exploited. As Jamuna Majhi of Belpada village in Bolangir explains, “We do not get any work locally in the village except agricultural work, which is also limited because there is very little arable land. And even when we get work, we do not get full payment on time. We try to request those who hire us for our legitimate dues, but it is like trying to get water from a stone. As women, we feel very awkward visiting these men constantly to get money of them. Sometimes I think it is better to migrate than work like this.” The data compiled from migration registers maintained in about 45 villages in three blocks — Muribahal, Tureikala and Belpada — in Bolangir by the Migration Information and Resource Centre (MIRC) and Aide et Action, a civil society organisation, indicates that 0.15 million out of a population of about 1.3 million had migrated out of the state between November-December 2009 and January 2010. Of these, about 40 per cent were women. These are people who have fallen off the map, but the state government remains complacent. Orissa’s Labour and Employment Minister Puspendra Singh Deo argues that workers migrate, not because of the failure of government initiatives, but because of their desire for upwardly mobility. “Workers move out of the state with hopes of getting better wages,” he states. But the truth is that migrants generally have no support structure. Even the law does not work for them. “The law is focused on the regulation of movement rather than on the welfare and security of people. And the only law — the Interstate Migrant Workman Act, 1979, formulated with particular focus on western Orissa — applies solely to people who cross state boundaries,” explains B P Sharma, an advocate from Kantabanji in Bolangir district, who has been working with migrant workers for over two decades. He adds that there is no attempt by the state to record the names and addresses of migrant workers. As for national initiatives ostensibly designed to discourage distress migration — like the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) — they are not having the desired impact. Umi Daniel, Head, Migration Thematic Unit, Aide et Action, says: “These so-called poverty alleviation schemes are not being properly implemented in the areas that need them most, like Bolangir.” As for the women, everyone agrees that they are the most vulnerable. Amrita Patel, a women’s activist based in Bhubaneswar, strongly believes that the time has come to flag the concern of safe migration. She points out, “Since women and children are now migrating in large numbers and can fall prey to the machinations of unscrupulous elements, the government should set up a mechanism to protect their rights and interests, even if they come from other states.” Basumati, given her harrowing experiences as a migrant worker, would certainly agree with her.

Courtesy: Deccan Herald

No safety net: Inter-district migrants become more vulnerable

Sudhir Mishra/PNS

The recent rescue of 37 migrant labourers, from the Tiger brick kilns in Balianta block of Khurda district, has brought a new dimension to the fore. It tells tale on the absence of any State policy and Act to save the migrant labourers from torture and exploitation within the State.The rescued are all from Raghupadar village under Loisingha block in the district here. Migrant labourers of Golamunda, Dharmagarh and Koksara also go to Kendrapara area for brick-laying work where exploitation by the contractors is allegedly at its height.

"Even the villagers of Kalahandi district, invariably from all the areas, go to Bargarh district every year for crop-cutting. There they do not get the minimum wages," pointed out Dilip Das of Kalahandi. Pertinent to note that there is the Inter State Migrant (Worksman) Act of 1979 for the labourers migrating outside Odisha.

As per the provisions in the Act, they should be taken by a registered contractor and all the details of the migrants, including destination points should be given to the Labour officials/Panchayat and within 15 days of migration by the principal employer/labour contactor. Ironically, the provisions are more breached than observed.It is common to find reports of hundreds of labourers migrating to outside States like Andhra Pradesh, Tamil Nadu and Karnataka in search of jobs and facing exploitations and torture.While they are usually rescued under the Inter-State Migrant (Worksman) Act, only a few cases are rescued under the Bonded Labour (Prohibition and Regulation) Act.

However, if a migrant faces torture and exploitation in his own State, there is no sufficient law/rules to ensure the rights and entitlements of these labourers in order to provide punishment to the principal employer, sources said."These labourers are partly covered under the Contract Labour Act and Labour Act," pointed out Nandi Kishore Sandh of Link Worker Scheme of Action Aid.He further added that it is the Labour Department which rescues and releases them while their rehabilitation is the duty of the Panchayati Raj Department.However, there is hardly any coordination between these two departments."Either there should be effective coordination between the two departments to deal with the issue or the issue of rehabilitation of the labourers, rescued under the Bonded Labour Act, should be the responsibility of the Labour Department," opined Nandi.

Besides, their Public Distribution System (PDS) need to be ensured. When the poor migrants migrate to outside States, their PDS items are almost lost and it finds way to the black market which is a common phenomenon in the KBK districts and western Odisha region."While the migrant labourers are within the State, why their PDS entitlements should not be given to them," Umi Daniel of Bhubaneswar-based Migration Information and Resource Centre questioned.

As per reports, out of the 10 million migrants, there are seven million inter- district migrants in the State."If such a huge number of people are migrant labourers in the State, the Government should enact a law for them," Daniel opined further. According to him, in the wake of the Right to Education (RTE) having become a fundamental right, the education of the migrant children should also be ensured in the place where the migrants are working within the State. "The tortured, exploited and rescued migrants 'within the State' should also be rehabilitated under the Bonded Labour Act as these labourers are also working almost under the same condition that of the other migrants outside States, besides facing torture and exploitation which fulfils the criteria of coming under the purview of the Bonded Labour Act," argued Saroj Barik.

If there is a report of migrants being tortured within the State, the rural community and civil society organisations should take up the rescue process swiftly, he opined further and rued that it is not happening in reality."A preliminary level dialogue with the Labour, Education, Civil Supplies and other departments to deal with the issue is going to be taken up soon and we would sensitise the Labour officials how to deal with the migrant labour rescue case," informed Umi Daniel.

It is high time the State Government should enact a separate Act for these people and should also take necessary steps to check exploitation, city residents here have demanded.

Woman held hostage in Karnataka brick kiln rescued

PNS
BALANGIRSita Bhue, wife of a migrant labourer here was finally rescued by the Bengaluru commissionerate police from a brick kiln on Friday.According to reports, Chhabi along with his wife Sita of Admunda village under Gambhariu GP in Belpada block had migrated to the brick kilns of Karnataka two years ago and were working there in the Venkateswar Brick Works at Arsenapali near the Swamiji College, 30 km away from the capital city there.Unable to bear the torture, the husband had escaped in January, but his wife could not as she had been held hostage there.Meanwhile, the desperate husband had appealed to rescue his wife.“I had written to the Action Aid and International Justice Mission (IJM) in Bangalore to rescue the wife of the migrant labour,” Nandi Kishore Sandh of the link workers’ scheme Action Aid said.

The card possessed and shown by the migrant labourer is not a genuine one as it came to light when the members of the IJM cross-checked it and they found it to be the visiting card of elsewhere.“I informed the IJM Bangalore officials to locate the place and rescue her and they were trying to locate her,” informed Umi Daniel of Migration Information Resource Centre, Bhubaneswar.

Even as the Government is making tall claims of providing jobs at the doorstep through its flagship job scheme MGNERGA and others, the poor and economically vulnerable people are migrating in search of greener pastures only to land themselves in the frying pan and facing such harrowing consequences.According to the latest report, the poor woman has been rescued by the Bengaluru Deputy Commissioner while a case has been filed against the brick kiln owner.“Necessary procedural work is going on to release her in accordance with the Bonded Labour Act,” Daniel informed further.When contacted District Labour Officer PK Bhoi said, he is yet to confirm the information on the woman being rescued.

Sudhir Misha, Pioneer News Service, Bolangir, Orissa

Census 2011 and counting of India's poor migrants

Umi Daniel

India has begun one of its mammoth census operations to count its citizens. The census operation has been relentlessly and ritualistically happening since 1872. The mandate for 2011 Census is to count its 1.17 billion citizens’s living in rural, urban and difficult places. The urban homeless people too are going to be counted on 28th evening. Last ten years, India has seen a dramatic increase of population and the mobility of people has also increased due to opening up newer frontiers of employment and opportunities. Mostly our cities started growing on a rapid scale with newer infrastructure and construction booming. The cross border movement of people from rural to district, and from one state to another state and in some cases international migration has substantially gone up.

During 2001 census, migrant people constitute 30% of India’s population with 307 million with male migrant 90 million and women constitute staggering 216 million. Most of the women migration was registered under the category of intra-district migration which is 139 million. It outlines a significant number of women movements from their place of birth to other locations because of marriage. However, the inter-state migration reported during 2001 was 42 million and out of which men constitute 19 million and women 22 million. In both of the situation, the mobility of women was higher than male.

When we look at the same for Orissa, the total migrant during 2001 was 10.8 million. Out of which women constitute 80% of the total migration at 8.4 million. The large women migration is reported within intra-district movement which is 6.4 million. However the inter-state migration in 2001 census was reported as 0.6 million and here too the women outnumber male with 60% and the male migration was 40%. If one closely examines the 2001 census in relation to migration, it shows the trend of women mobility is more than the male. Interestingly, out of the factors like, education, employment, business, moved after birth & marriage. The number of people under marriage was 20% followed by employment which is more than 10%. However, it is quite disturbing to note the high women migration patterns being reported in the Census 2001. The actual reason of such high migration is yet to be established. The mystery can only be solved through an in-depth analysis of the migration pattern, cause and effect of women migration.

On the other hand, some micro studies and estimates pertaining to inter-state migration suggest a different story. In Orissa the out migration of labourers to other States are more in comparison to the figure stated in 2001 census. Interstingly, migrant Oriya labourers in Surat only constitute 0.8 million, and a conservative estimate of migration poor people from south, north, western and the central region of Orissa is estimated to be 1.5 million. Today, the pattern of employment opportunity for the migrants labourers are mostly available in informal sectors and the habitation and worksites are located in far flung places in urban suburbs or outskirts. The high economic growth cities of Delhi, Chennai, Hyderabad, Bangalore, Kolkata, Mumbai, Surat, Kerala and neighboring state such as Raipur, Vishakapatnam and mining rich regions of Jharkhand has been the major hub for Oriya migrant labourers. Sectors like, construction, textile, mining, brick kiln, poultry, plantation, agriculture, stone quarries, cotton ginning, apparel, rubber plantations have been the favorite employments providers for the migrant people.

A cursory observation of the migration enumeration of 2001 suggest that the migration information could have been collected from the urban migrants who were quite accessible for survey and the poor migrant may have been excluded due to their location disadvantage, remoteness and unclassified habitations. And, it is quite challenging for the census 2011 to reach out such people and get them counted.

On the other hand, the census has made elaborate provision for counting of poor people who live on the street and unidentified location in urban locations which is a welcome step. However, the time allocated to do the enumeration seems not adequate. The census will count the poor and homeless people for couple of hours on the last day of the census, I,e on 28th February. The metro cities like Mumbai, Kolkata, Delhi and Chennai followed by tier II and tier III cities is today thriving with people living on pavement and street. A couple hour devoted for their enumeration seems less and inadequate and the enumeration will exclude these people who are yet to considered as urban poor.

For inter-state migrants, the census operation should create more collaborative process among the Census Directorate of various States and bring in stake holders like labour unions, student volunteers , Aactivist and civil society organization to help the census personnel to help and locate the migrant and get them counted. The mass media life FM radio and mobile telephone can be a useful tool to reach out to the migrants for their enumeration.

the migrant labourers are often excluded from various survey and enumeration simply because of non conformity of their seasonality of migration and timing of the survey. In coming days, the distress migration and opportunity migration is going to be a big challenge for the State to manage and monitor. The Census 2011 database on the poor migrants can provide a lot of insight for planning and protecting the interest of the hapless people.