[R-G] Fw: Document in Document Scrap 'ON THE FACE OF D...'

[dnr]

ON THE FACE OF DEATH
----- Original Message -----
From: dnr


Sent: Friday, June 06, 2003 2:57 AM
Subject: Document in Document Scrap 'ON THE FACE OF D...'


ON THE FACE OF DEATH
THE WORKING CONDITION OF THE MIGRANT WORKERS IN ALANG SOSIYA  SHIPBREAKING YARD (ASSBY)


In the last three months time 13 people died in Alang Shipyard and many are injured. The deaths in
Alang Shipyard and its frequent reportage in press highlight the problems of the shipyard. Many
questions about the functioning of Alang Shipyard raised but left out again in the space of time.
This time The Times of India in its continuous reports tried to highlight the gruesome incidents of
death but the Government has not risen to the occasion to protect the migrant workers from fatal
death. The Alang Shipyard incident raises these following questions -
1)      Safety norms
2)      Plight of the migrant workers
3)      And violation of all acts

We all know that due to uneven development of economy in capitalism, thousands of people from
different parts of India are moving hither and thither in search of livelihood. Just to earn two
breads they are ready to work under any conditions. Compelled by their situation they have no choice
but to choose whatever work they get. They don't hesitate to work in the face of death. The profit
seeking contractors, businessmen suck them. So this is the state of affair of migrant labourers
throughout the country. The prevalent Inter State  Migrant Workers Act( ISMWA) is never operational
to protect the migrants Minimum Wage Act, Factory Act ;Contract Labour Act etc are not implemented.
All laws are flouted with the knowledge of the authority in the Government.
 It is  not a matter of  concern for the home States like Orissa , UP, Bihar from where the workers
migrate to Gujarat.These States are virtually relieved of the growing rural as well as urban  un
employments in their own States. Inspire of the social in-equilibrium the respective States never
care for the quantum of migration from their States. Thousand of salt workers died in last Kandla
cyclone in Gujarat . Also hundreds died in Relience refinery factory in Jamnagar  and no
compensation were paid to the families of the deceased. As per the UN declaration on Migrant
workers. The exercise was made to reduce the number of deaths and the rest were not even declared as
missing. The respective State Govts. did not care to come forward to help the families of deceased.
The Govt officials of these States make a routine visits to Gujarat which are usually pleasure trips
just to declare every thing OK with mutual consents of the Guest State i.e. Gujarat. This is the
practice for years. A legislature team from Orissa visited Gujarat to study the condition of Oriya
Workers. Regrettably they were more interested in sight seeing and public receptions than to meet
the workers or to speak on their behalf to the Govt. of Gujarat.The pleading of the author to take
up the case of  murdered workers in broad day light at Surat was just ignored. Returning back they
did not highlight the plight of Oriya workers in Gujarat in Orissa Assembly. Such is the height of
indifference of the Ruling as well as the opposition parties.
In case of accidental deaths there is all likelihood that the families of the deceased workers get
adequate compensation. There is no Trade Union to to guard the interest of the workers. Registering
any protest against the contractor means risking to loose the job. So the migrants know only one
thing  that is to earn and earn so long he is alive. There is no point of return.  They know that no
is going to help them out, neither  the Gujarat Govt  nor the Govts of their respective States or
any organisation. They think it is their fate accomplice. The tragedy is  they are no longer
welcomed in their families and natives for  a longer time. Their overstay at home scare the members
of the families They have to return back to Alang and send money back home .The poor condition has
pushed them to a very tragic vicious cycle.
The Alang-Sosiya Ship-Breaking Yard (ASSBY) located in the Gulf of Cambay in the Bhavnagar District
of Gujarat State in India is the biggest ship-breaking yard in Asia employing more than 30 thousand
workers There are around ten villages in the vicinity of ASSBY. They are Alang, Sosiya, Manar,
Sathara, Kathwa, Bharapara, Mathavada, Takhatgadh (chopda), Jasapara and Mandva in 12 KM vicinity of
sea coast. Conflict and amity is an usual phenomenon of the migrants with the locale. But
segregation compel most of the migrants to stay in mushrooming  slums  which is humanly inhabitable
in normal condition. Few stay in rented houses in different villages.The locals are content with
small and medium business due to ASSBY. 99% migrants are engaged in ship breaking  in comparison to
only less than.1% local people. The migrants mostly from Orissa are very laborious.So  the ship
breakers prefer migrants in ship breaking more than the local people which is a very normal practice
in Gujarat including in power loom sector at Surat, Salt factory at Kandla etc.
. There are  178 plots ASSBY that dismantle more than 2.5 million tons of material round the year
and where 30 ships can be brokered in a month with an annual turnover of 3,500 crore. There are 2
departments to look after all these - one is Gujarat Maritime Board (GMB) and another is Controller
of Explosion (CoE). For breaking ship no- objection certificate is issued by GMB and cleaning
certificate is issued by CoE. We quote from the Times of India report published on 22.05.03 by Amit
Mukherji

RULES BROKEN WITHSHIPSAT ALANG

"Serious doubts are being raised over the way no objection certificates are doled out by regulating
agencies like the Gujarat Maritime Board (GMB) and the Controller of Explosion (CoE).----Though the
GMB authorities continue to blame ship-owners after every mishaps, it is the system failure which is
the root cause.---there is hardly any accountability on the part of various agencies that issue
clearance certificates to ensure safety of workers. Incase of "Inville", authorities had issued
safety clearance certifying the ship was fit for breaking  .The Controller of Explosion had granted
the "man entry", "gas free "and "hot work" approval certificate before dismantling commenced.
Despite CoE clearance presence of hydrocarbon and gases in the interior of Inville"was detected." It
is surprising how the certificates were granted there are ample traces of gases, Sulpher, furnace
oil and other materials, which can wreak havoc if exposed to heat. "Said an official of Forensic
Science Laboratory. While GMB officer in charge ----admits "probably there are lot of areas which
are ignored. "And with Coe having it's office in  Vadodara, functioning often becomes difficult
.Sources reveal that certificates are granted on mere verbal assurance and without any physical
inspection. .Ship-owners often do not wait for all clearances certificates, says sources .With the
prices of steel the prime extract from the ship, varying on day to day basis, ship breakers  soften
flout norms to sell off the scrap when prices go up .Some times , even ship breaking guide lines are
ignored and interiors of the ship, which are normally broken down at the end of the operation, are
dismantled earlier as there is good market for these products. This endangers the lives of 6the
labourers as they working suffocating and unventilated compartments, amidst  hazardous gases. The
role of GMB in granting certificates is also being questioned. Even after a ship breaker obtains
certificates from the Coe, it is the duty of the GMB to verify them before the final go ahead is
granted. And the GMB has just a chief officer and three safety supervisors  who are expected to
completely survey the ship. " There could be slip-ups which come to light only after mishaps" admits
Captain Deukar Of the three safety supervisors , only one is permanent employee, the others being on
contract".
This very Report exposes serious loopholes.

.. 99% of the workers are from Orissa, Bihar, U.P., Maharashtra and other places. They stay in slums
without any basic amenities. With no readily available hospital facilities these workers are
constantly exposed to hazardous condition - spurious, poisonous gas can play havoc any time.

The working conditions in a ship breaking yard are such that life is cheaper than steel. As quoted
in the Times of India dated 23.05.03, "Taking cognizance of frequent deaths at the yard due to lack
of safety measures Gujarat High Court has directed the state government in 1997 with a legal
framework to regulate the ship breaking activities, 'ship recycling yard regulation' - popularly
known as Alang regulation. The new legal framework was put in place by enshrining it in the state
government Gazette in August 2000. However, vested interests view it as an infringement on free
activity that can be carried out in absence of safety measures. Hence, the Alang Act was never
implemented".

The nexus of Government officials, contractors and businessmen operating in that area ensure that
the workers are not registered, do not get identity card by the employers, no information of working
condition, false name are entered in the log book to evade to legal compensation in any eventuality.

State Governments like Bihar, Orissa, U.P., where most of the migrants come from do not pay any
serious attention to protect them according to the rules and regulations. In absence of rules
regarding working conditions many more deaths will occur in coming days. Even in the face of death
helpless workers will continue to work. Under these circumstances it is high time for the
intervention of higher authorities in the administration, government, civil liberties organization,
labour organizations to come forward and take up the issue.
Often media highlight the problems of Alang. But the authority has never paid any serious attention.
A survey was conducted in 1999 by Bhavnagar University. Out of 361 workers 14 face accident, 11
suffer from burn, 14 from injuries. Only 10 wear helmets, 1 have the glove, and 3 uses welding
glasses. 32 receive informal training, where as rest are untrained.
So the crude and obsolete technology is the backbone of the ship breaking enterprises .GMB is only
interested in revenue collection without much liability for the workers. Profit maximization is the
main Mantra of the Govt. by reducing the cost of ship breaking. Though the Gujarat Govt is earning
Rupees 3200 cores annually from the ship breaking, the Govt. is not organisising ship breaking as an
industry.  It is not updating and improving the ship breaking technology to make it environmentally
friendly and ignoring the Safety aspects.

Ironically 5th June is the environmental day and the GMB has come out with big advertisements in
media about their achievements.

Under all these circumstances the following measures should be taken in ASSBY
§         First all all kind safety measures be taken to avoid accidents and deaths
§         Ship breaking should be considered as an Industry and comes under Factory Act and  various
provisions for safety as per Factory Act be followed.
§         Safety consciousness as  a Culture  be developed.
§         Ship breaking be made updated with improved technology.
§         All workers be given primary training about ship breaking and be provided with safety kits
compulsorily.
§         GMB should be made responsible for all lapses and responsible officials be punished for
all lapses.
§         The workers should be given Identity Card, appointment Card by the employers and Labour
Dept. should follow strict vigilance in this regard.
§         Interstate Migrant Workers Act be applied which ensures accommodation, medical facilities,
traveling allowances.
§         Human Right of all migrant workers and members of their families be protected as per the
UN  CONVENTION ON THE PROTECTION OF THE MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES.
§         Ship breaking can only be after decontamination of the hazardous substance.
§         A mandatory rule be framed to to compel the owners of the ship to clean their ships before
exporting them and  ensure that tanks are gas free for hot work.
§         A full fledged Fire fighting unit with adequate  number of trained  fire fighters  be kept
ready round the cloak.
§         Eight hour working hour norms with  weekly  paid holidays workers be introduced.
§         A well equipped hospitals specially  to take care of accidents  of the workers be
instituted.
§         Adequate death compensation to the members of the families be paid with out any
administrative hurdles.
§         Planned accommodation for the workers be made.
§         Long term plan for infrastructure e.g. road   ,housing, drainage, water, electricity be
taken up along with social infrastructure like schools, hospitals etc.
§         Attention be taken to save marine ecology, and ecology imbalance be guarded.
§         Safe guard be taken because of social segregation of the migrants due to cultural divide.
§          The Labour Dept of Gujarat as well as the Labour depts.  States from where the migration
takes place  must guard the interest of the migrants. And their working conditions
§         The Human Rights   Groups joint Parliamentary teams be allowed to visit the ASSBY and
their recommendations be mandatory for the GMB  and the Govt of Gujarat.
§         A complain Secret Cell be instituted where the workers can complain fearlessly and get
redressal with being sacked from the job.
§         The State from where migration takes place must keep the record of the workers, make
routine enquiry about the migrants, and place the report in their respective house of the
Assemblies.
§         GMB should take help of experts from different fields like engineers, marine science
experts, environmental scientists, and experts in sociology and planning.

The author is:
 DWARIKA NATH RATH, Secretary, Socialist Unity Centre of India, Gujarat State Organizing Committee.
Member of PUCL, Gujarat, an activist, and presently fighting for the cause of the Migrants and power
loom Workers in Surat