Despite the persistence of many-sided injustices and problems in unequal societies, democracy opens several windows of opportunity that can be used by committed social activists, working with the guidance of respected mentors, to secure significant rights for workers. This brings new hope to workers, and the possibility of replicating such efforts leads to further initiatives and greater optimism. In turn, this strengthens democracy and the provisions of social justice in India’s Constitution, making them more meaningful for workers and reinforcing constitutional values at the grassroots.
In India, several such efforts to help workers — including porters, dock and port workers, coal and iron ore miners, and other sections of labour — can be identified as sources of hope and inspiration. Although the success of such efforts can never be complete, and some problems persist while new ones arise, they demonstrate what sustained struggle can achieve. One such initiative, with the potential to benefit very large numbers of workers, is the effort to secure justice for construction workers, who numerically constitute perhaps the second-largest segment of workers after those engaged in farming and related activities.
These efforts began around 1986 with initiatives to establish an organisation to advance the rights of construction workers in Delhi as well as at the national level. They culminated in the formation of a national organisation called Nirmana (meaning “Construction”). One of its most important objectives was to pursue justice-based legislation for construction workers at the national level. As this was a far-reaching goal that could benefit millions, it was important to involve senior public figures and trade unions. This led to the creation of the National Campaign Committee for Construction Labour (NCC-CL). A trade union of construction workers, Nirmana Mazdoor Panchayat Sangam (NMPS), was also formed. Some key activists associated with this effort later took up issues concerning other sections of unorganised sector workers, including domestic workers. Efforts were also made toward comprehensive justice-based legislation for all unorganised workers and for domestic workers. With the introduction of the new Labour Codes, this remains a period of transition, and these groups are carefully assessing the new situation and its implications. It is therefore an appropriate time to review their struggles and achievements so far.
In India, the construction industry is the second-largest economic activity after agriculture. An estimated 14.6 million persons were directly employed in construction work in 1995–96. Today, nearly 56.5 million workers are registered with various Building and Other Construction Workers (BOCW) Boards. Estimates of the total number of construction workers range between 50 million and 70 million, with projections indicating further growth in the coming years. According to the National Labour Commission Report (2002), around 16 per cent of the nation’s working population depends on the construction industry for its livelihood.
Before the creation of NCC-CL, some localised efforts to assert construction workers’ rights had achieved reasonable success in Tamil Nadu and Kerala. In Tamil Nadu, these efforts were led by the Tamil Manila Kattida Thozhilalar Sangam (TMKTS — The Tamil Nadu State Construction Workers’ Union), an independent trade union not affiliated to any political party or national trade union. It had local, district and state-level units with elected representatives at each level. Its work played a notable role in the passing of the Tamil Nadu Manual Workers Act in 1982. However, in 1983, when the Tamil Nadu government sought to introduce new legislation for construction workers that fell far short of workers’ expectations and contained undesirable features, the TMKTS launched a statewide campaign against it.
The experience gained at the state level encouraged TMKTS leaders to pursue suitable and adequate legislation at the national level. Earlier, the First National Commission on Labour and the Labour Ministry’s Industrial Committee on the Building and Construction Industry had emphasised the need for comprehensive legislation. In 1981, M. Kalyanasundaram and George Fernandes, Members of Parliament, introduced private member bills relating to the welfare of construction workers. One bill was withdrawn after the government assured that it was contemplating comprehensive legislation. In February 1985, the Labour Ministry constituted a Tripartite Working Group (TWG) for the Building and Construction Industry, comprising representatives of the government, builders’ associations and trade unions.
In November 1985, following the initiative of TMKTS — particularly its leading activist R. Geetha — along with other labour and legal activists, a national seminar on construction labour, with special emphasis on legal protection, was organised in Delhi. Organisations such as PRIA, CILAS and the Legal Aid and Advice Centre supported the effort. The seminar brought together about 250 construction workers, trade union activists, lawyers, jurists, voluntary organisations and government officials for three days of detailed deliberations on protective legislation.
The seminar concluded that existing legislation was both inappropriate and inadequate to meet the real needs of construction workers. It recommended the preparation of comprehensive draft legislation based on the actual conditions of the industry and workers. It was also agreed that a nationwide campaign should be launched to mobilise workers around this demand. This led to the immediate formation of the National Campaign Committee for Central Legislation on Construction Labour (NCC-CL).
The committee was fortunate to have Justice V.R. Krishna Iyer, a retired Supreme Court judge associated with many reform initiatives, as its chairperson. Its convener was R. Venkatramani, a public-spirited lawyer, and its coordinator was Subhash Bhatnagar, a leading trade unionist and social activist. Other core members included Justice P.S. Potti, former Chief Justice of the Gujarat High Court; T.S. Sankaran, former Additional Secretary in the Ministry of Labour; and trade union activists such as D. Thankappan, N.P. Swamy and R. Geetha. In subsequent years, Nirmala Sundaram played an increasingly important coordinating role, leaving a deep and lasting impression on the movement until her tragic and untimely death in 1996 at the age of 40. Eminent lawyers including R. Venkatramani and Colin Gonsalves made significant contributions to the legal struggles.
In the mid-1980s, Subhash Bhatnagar shifted from his earlier trade union activities in Bangalore to focus on construction workers in Delhi, recognising the capital’s importance in coordinating national advocacy. Nirmala Sundaram also moved to Delhi from South Rajasthan, where she had worked with the voluntary organisation Prayas among weaker sections. Around this time, Subhash and Nirmala married and became the centre of a dedicated team committed to advancing construction workers’ rights. Friends from Subhash’s student days, including Sujata Madhok and former corporation member Mehar Chand Yadav, extended sustained support.
Early mobilisation efforts began in Saraswati Vihar and neighbouring colonies of Delhi such as Bannuwal Nagar, Haiderpur and Prashant Vihar. Many workers from these areas became long-term associates of Nirmana, including Ishwar Sharma and Umesh Singh. When these colonies faced demolitions and resettlement in distant areas like Bawana, Nirmana extended assistance and maintained close ties in the resettlement sites.
The first major task before NCC-CL was to prepare comprehensive draft legislation to ensure welfare and social security for construction workers. Workers were closely involved in this drafting process, and workshops and seminars were held in Delhi, Mumbai, Chennai and Bangalore. The draft drew on earlier legislative experiences concerning dock workers and head-load workers. Special care was taken to address the instability created by the long chain of contractors and subcontractors in the construction industry. The proposed model envisaged a Tripartite Construction Labour Board comprising workers, employers and government representatives. It would guarantee minimum wages, determine service conditions, collect a cess and welfare levy from employers to fund social security schemes, and resolve relevant industrial disputes.
NCC-CL also worked to build consensus among national trade unions through the forum of the Tripartite Working Group. On December 5, 1986, the draft bill and scheme were submitted to the Petitions Committee of the Lok Sabha, supported by more than 400,000 worker signatures from across the country. Thousands of workers sent postcards to the Prime Minister seeking an early hearing. NCC-CL presented oral and documentary evidence before the Committee on September 30, 1988.
Meanwhile, the government introduced a bill in the Rajya Sabha that bore a similar title but fell far short of ensuring social security. NCC-CL submitted a detailed critique. On July 25, 1989, the Petitions Committee recommended withdrawal of the government bill and the introduction of a fresh comprehensive bill addressing the long-neglected concerns of construction workers. The Committee appreciated NCC-CL’s grassroots work and recommended that its proposals be examined and incorporated wherever appropriate.
Subsequently, a new government agreed to withdraw the inadequate bill. By March 1989, nearly one million signatures had reportedly been collected in support of comprehensive legislation. In December 1991, the National Federation of Construction Labour was established in Bangalore.
After sustained mobilisation, including meetings, dharnas and nationwide protests, two ordinances were issued in November 1995. As these did not fully reflect the model draft’s spirit, NCC-CL intensified its advocacy. Construction workers observed a nationwide Protest Day on February 26, 1996. In July 1996, two bills were introduced in Parliament. Some important amendments — including provisions ensuring that welfare cess collections would be deposited with the Boards rather than the Consolidated Fund — were adopted.
Ultimately, two central laws were enacted: the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the Building and Other Construction Workers Welfare Cess Act, 1996. While welcoming this achievement, NCC-CL continued to highlight shortcomings.
In the post-legislation phase, Nirmana and NCC-CL worked to improve implementation through court interventions, including in the Supreme Court, sustained engagement with officials, peaceful protests, and participation in wider mobilisations. They also undertook documentation of ground realities, addressed emerging issues such as work stoppages during periods of high air pollution in Delhi, and assisted workers in registration and accessing benefits in areas such as Bawana, Shahbad Dairy, Rohini and Haiderpur. Continuous engagement with workers at labour chowks and in workers’ colonies has remained central to their work.
Given the continuing denial of benefits to many construction workers, the efforts of these organisations remain highly relevant. They are also working to improve living conditions in workers’ colonies, including in Bawana.
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The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include Protecting Earth for Children, Planet in Peril, A Day in 2071, and Navjeevan
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