Skip to main content

Himalayan tragedy: Labour laws for migrant workers violated at Ramganga dam site

By Bharat Dogra*

The extremely tragic death of 10 workers at a tunnel construction site in Ramban on Jammu-Srinagar highway has again drawn attention to the serious hazards faced by workers employed in highways and dams in Himalayan region, several of them in very remote areas. These workers were trapped after a landslide hit the under-construction tunnel on May 19, followed later by one more landslide. Apart from these deaths, the remaining workers suffered injuries.
While overall conditions at many such construction sites are known to be hazardous, according to preliminary reports the risks here increased due to sub-contracts which resulted in work being handled by those who did not have much experience or knowledge of such hazardous conditions.
Sub-contracting is a common practice in such work and the principal employer gets away with less legal liability for hazardous conditions. Workers face more risks under this system and their rights are adversely affected.
This was a well-known landslide zone and even before this serious accident several commuters had suffered injuries or near escapes in the middle of falling boulders. Surely better protection steps should have been taken well in advance when work was to be taken up in such a hazardous area.
Five of the workers who perished in this accident were from West Bengal while three others were from Assam and Nepal. The serious risks which such workers from very far away areas, isolated and unfamiliar with local conditions, face can be well-imagined.
Numerous cases of landslides and accidents in the course of construction and widening work on highways have been reported from the Himalayan region. In addition the work on dams and hydro projects in the Himalayan region has also involved increasing risks for workers, generally migrant workers from remote areas with hardly any local resource base.
In one of the worst dam-site accidents, at least 29 workers were killed in a serious accident at the Tehri dam site (in Uttarakhand) on August 2 2004. Many other workers were injured and/or rescued amidst great difficulty.
The Tehri dam project had long been controversial as one of India's most unsafe dam projects posing a grave risk to the teeming cities and villages of the vast Gangetic plains below. This accident at this dam site further confirmed several doubts raised from time to time about the weakness of the nearby mountains and the safety of the dam. It also focused attention on highly hazardous conditions in which dam workers toil in many distant parts of India.
It was subsequently realized that the death toll in the Tehri dam disaster on August 2, 2004 could easily have been much higher. District officials conceded that as many as 109 workers were present in the Diversion Tunnel T-3 of Tehri Dam when the rockslide took place. In fact some reports expressed apprehensions that the death toll was actually higher.
It has been pointed out that micro-silica treatment which could've helped to avert this tragedy should've been completed much before. Adequacy of other safety and rescue arrangements have also been questioned. 
Dr PC Navani, Director, Geological Survey of India, who worked at the Tehri dam site for 15 years, told a leading magazine Frontline that the accident happened because work was still continuing in the 'unlined' area of the shaft during the rains. "Work in the rainy season in the unlined area should've been avoided at all costs."
A worker Ganesh also was rescued from a tunnel told 'Down to Earth' magazine, "How can they allow this to happen? Even earlier, small accidents have been taking place and many workers have lost their lives in these tunnels."
Soon after Tehri disaster, on August 7 2004 twenty workers were trapped inside a tunnel in the Parbati hydel project in Himachal Pradesh, about 60 km. from Kulu. They were rescued, but at one time there was a real danger of their lives being threatened.
On February 14, 2010 six workers died and 16 were seriously injured in Kinnaur district (Himachal Pradesh) when stones and boulders destabilised by the blasting work carried out for dam construction fell on a temporary settlement of workers. 
 This accident occured at the 1000 MW hydel project Karcham Waangtu. Two workers tried to save themselves by jumping into Satluj river but later their whereabouts could not be ascertained.
The government later announced a paltry grant of Rs 10,000 each for the families of dead workers and Rs 5,000 each for injured workers. Some news reports said that the number of workers who died could be higher and it was difficult to get reliable information as job cards had not been prepared for most workers, violating labour laws. Several of the workers who died or were injured were migrant workers.
In another tragedy in the same Kinnaur district of Himachal Pradesh in November 2015,, two workers died and six workers were injured in a blast in Shongtong-Karcham project.
The tragic accident at Tehri dam site should have awakened the authorities to the crying need for better and secure working conditions for dam workers toiling in extremely difficult conditions in distant parts of the country.
As a lot of dam construction work takes place in very remote areas, several construction companies adopt the strategy of bringing workers from very remote, impoverished areas. Then attempts are made to shut them off from the local population so that whatever happens to these workers remains a secret. This arrangement enables the employers to get away with glaring violations of minimum wage laws, neglect of safety requirements and non-payment of compensation.
Unfamiliar with risky local conditions, five workers who perished were from West Bengal, three others were from Assam and Nepal
Some years back Odisha’s Minister of State for Labour who also headed a committee of the Odisha Assembly on migrant labour, said after visiting the Salal dam site in Jammu and Kashmir that those migrant laborers of Orissa employed there who resisted oppression were being thrown into the Chenab river ( as reported in newspapers at that time).
It was revealed in the findings of this committee that these workers were unable to communicate with persons other than their employer and supervisor. When the work for the dam was over they were herded into ramshackle huts and locked from outside.
According to a probably incomplete list of workers who died at the Ramganga dam worksite in UP, in the plains close to Himalaya foothills, published by a local newspapers "Bijnore Times", 88 workers perished at this dam. In addition as many as 501 workers were injured, many of them rendered physically handicapped for the rest of their lives.
In the case of the controversial gigantic Tehri dam project, very serious violations of labour laws were reported from time to time. This information could come to light because of the initiative taken by some local trade unionists in bringing the existing deplorable conditions to the notice of the Supreme Court and the subsequent inquiry ordered by the court.
R.C. Aggarwal, a judge of Tehri Garwal, conducted an inquiry into the living conditions of workers employed at the Tehri dam project. The allegation made against the employers of the project were confirmed by this inquiry and incredible evidence of ill-treatment of workers and violation of safety requirements came to light.
When this was published, workers were thrown out and assaulted with the help of local goons. Subsequent investigations by journalists revealed conditions to be equally bad at some other hydro-electric projects in neighbouring areas.
These are only a few cases of the glaring exploitation of labourers employed at dam-sites which have come to light. For every case reported it is certain that many others go unreported.
As highway and dam workers in Himalayan region often face high risks and isolation together with exploitation the government should take significant steps on the basis of urgency for their protection and safety.
---
*Convener, Campaign to Save Earth Now; recent books include ‘A Day in 2071’, ‘Planet in Peril' and ‘Protecting Earth for Children'

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”