Mobilisation in the post independence period

1. By Welfare State

Constitutional provisions

There are ample provisions in the constitution that aim at the security of labour. Article 19(c) gives the freedom to from associations and unions Article 43 asks the state to secure to all its workers conditions of work that ensure decent standard of life, full enjoyment of leisure, social and cultural opportunities. The Article 43(a) says that state shall take suitable steps such as legislation to ensure participation of workers in management of undertakings, establishments of other organizations engaged in industry.

The Constitution in Article 24 bans Child Labour. No child before 14 years of age shall be employed in a factory, mine or in other hazardous employments. Article 39(e) says have children of tender age should be forced into avocations unsuited to their age and strength due to economic necessity. Article 39(f) says that children should be given facilities for their healthy development and should be protected against exploitation.

The Constitution also bans Bonded Labour in Article 24. There are also provisions in the Constitution to protect the rights of Women workers. Article 16 says that the state can’t discriminate on the basis of sex (among others) in matters relating to public employment. Article 39(d) provides equal pay for equal work for both men and women. Article 42 directs the state to secure incernity relief.

There are enough provisions in the constitutions to protect labour rights. See that is required is a pro active attitude towards them.

Legislations

There are a number of legislations governing the rights of workers. The Factories Act, 1948 says that a workers can’t work for more than 48 hour a week and 9 hours a day. He/she has to be given rest intervals of atleast half an hour after 5 hours of work. The workers is also entitled to weekly holiday and have with pay. The Industrial Disputes Act, 1947 pounds protection to workers in case of disputes arising from work. The workers compensation Act, 1923 provides payment of compensations to workers and then dependents in case of injury by accident or due to occupations disease resulting in disablement or death.

The Employees State Insurance Act provides for medical activities to workers and is based on nominal contributors of workers and employers. The Payment of Gratuity Act ensures that a worker gets an amount of money on retirement. The Provident Fund Act is designed to help workers financially on retirement.

Specific legislations on Bonded Labour is the Bonded Labour System (Abolition) Act, 1976 which prohibits forcing a person into bonded labour for debt repayment. It is punishable by law. Even parents of children are punished who force them into it. There are many laws which target child labour. Children (Pleading of Labour) Act, 1933 declares any agreement by parent or guardian to pledge labour of a child below 15 years for payment or benefit illegal and word and provides punishment. The Child Labour (Prohibition and Regulation) Act, 1986 prohibits employment of children below 14 years in 7 occupations and 18 processes listed schedule of the Act. Even the Factories Act, 1948 prohibits employment of children (Amendment) Act, 1978 prohibits employment of children below 15 years in occupations in railway by premises, catering establishments and work which is carried out in close proximity or between railway lines. The Juvenile Justice Act, 2000 in its Section 24 provides punishment for those who procure or employ a child in any hazardous employment, keep him/here in bondage and withhold the child earnings for their purpose.

Besides this certain acts like Maternity Benefit Act, 1961 and Equal Remuneration Act, 1976 protect rights of women workers.

Policies and schemes

There are many policies and schemes that look after worker rights. MGNREGA provides guaranteed employment of atleast 100 days in a year to the rural unemployed. The Aam Aadmi Bima Yojana provides for life and disability cover to all rural landless households in the country. The Rashtriya Swasthaya Bima Yojana provides health cover to BPL workers unorganized sector. The Unorganized Sector Workers Social Security Scheme has been approved in which all workers of 18-35 years in unorganized sector with a an income of note more than £6500/month are eligible for pension, accident insurance and a universal health scheme for worker and family.

Also, the Ministry of Labour and Employment is running a grant in aid scheme for Welfare of Women Labour, and its purpose is to organize working women and educate them about their right/duties and legal aid. A similar grant in and scheme is for elimination of child labour in districts not covered by National Child Labour Project.

There are also other policies for ending Child Labour. A National Child Labour Policy was announced in 1987. Under it National Child Labour Projects were started to rehabilitate child workers in hazardous occupations and processes and educating them. India also joined the International Programme on Elimination of Child Labour (IPEC) in 1992 launched by ILO.

Also on October 10, 2006, the Supreme Court banned Child Labour.

By NGO’s

NGO’s are also working for labour rights. The National Domestic Workers Movement works with domestic workers, child domestic workers are migrant workers, seeking justice and legislation for them.

Both CRY (Child Rights You) and same the children work for rescuing child labourers among other issues. IPEC has collaborated with 300 NGO’s and State Labour Institutes in implementing Child Labour Programmes.

The M. Venkatarangaiya Foundation is one such examples CREDA (Centre for Rural Education and Development) has been supported by Govt. of India and IPEC to look after Welfare of Children in Uttar Pradesh

Also the funds for the grant-in-aid schemes for welfare of women labour and elimination of child labour is administered to NGO’s who then carry out this goal, through action projects, awareness campaign programmes etc. currently 70 voluntary agencies are being assisted for end of child labour.

Besides this, the Bonded Labour Liberation Front workers for freeing bonded labourers.