Human Rights In Crisis

December 10th marks International Human Rights Day. On the same day in 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). This document gained reverence in international and national systems. For India, it became a blueprint that helped design the Indian Constitution.

Fun fact: In the drafting period, Article 1 of the UDHR read as: “All men are born free and equal in dignity and rights”. Dr. Hansa Mehta, the only woman (other than Elenor Roosevelt) on the drafting committee, pushed for a gender-inclusive phrasing.

On her fierce insistence, the sentence was changed to: “All human beings are born free and equal…” Dr Hansa was one of the first Indian feminists and a social reformer in the pre and post-independence times. She also played a pivotal role as a Constituent Assembly member, deliberating for women’s equal status in the Constitution.

The Erosion Of The UDHR

This December 10, I found myself brushing up on my UDHR knowledge while I waited for the Human Rights Day celebration to start. The Asangathit Shramik Hit Rakshak Manch in Surat organised this state-level convention of unorganised sector workers, to celebrate the day. With the UDHR open on my phone, I read and reread each article as leaders of various federations from all over Gujarat spoke of their ordeals and demanded to reinstate their human rights.

These lives, treated as dispensable, make for more than 90% of the Indian workforce. If the human rights of such a massive population are in constant violation, where does the UDHR stand in terms of its relevance today? Member states at the time pledged their intention to observe and respect human rights, making them responsible for the promotion and protection of these rights. However, the problem lies in a lack of a system for accountability and sanctions for violations.

This is precisely what Dr Hansa had predicted at the time. She was afraid the declaration was all show and that without enforcement mechanisms, the document would remain just that.

The accounts of persistent and systemic marginalisation of the labour class left me deeply disturbed. With their human rights severely compromised, redressal or protection systems in the state are either incompetent, unwilling or non-existent. An understaffed labour commissioner’s office compounded by insufficient funds for labour welfare leaves workers and their human rights unprotected.

Neglect Of Workers’ Rights In The Powerloom Industry

Aajeevika Bureau in Surat works with power-loom workers and has helped facilitate the formation of the Pravasi Shramik Suraksha Manch (PSSM). The PSSM was formed to address the need for a collective voice. This platform empowers power-loom workers (in particular but also other migrant workers) to address exploitation at work, advocate for their rights and seek legal interventions due to loss of life and injuries.

Workers have no safety at the workplace and loss of limb or life is a considered common occurrence. Therefore, the PSSM’s critical role lies in supporting workers with legal aid and compensation assistance. A deeply ingrained culture of systemic negligence towards workers’ safety flourishes in the power-loom industry. Employers often operate outside the purview of labour laws, engaging in informal labour practices such as avoiding employment contracts and making cash payments, to avoid paper trails. This leaves the workers extremely vulnerable to arbitrary lay-offs and being uncompensated in case of injuries/death.

My visit to the Aajeevika Bureau in Surat provided a glimpse into the lives of migrant power-loom workers from Odisha. Their precarious living and working conditions were a testament to the deprivation of human rights highlighted at the Convention.

Inhuman Working Conditions

As I walked towards a power-loom unit in Sayan, the sound of the machines filled the air. These units are often shanty, poorly ventilated buildings that house many machines managed by a few workers. One worker is responsible for at least 15 machines, stacked along neat rows, in a 12-18 hour shift where he has no space to sit. He constantly hears the intensely loud whirring of the machines and is surrounded by live wires from the machines.

There are no mudguards on the machines. There is no system of maintenance checks of the machines. The main power supply of the unit lacks safety mechanisms like MCBs and earthing. Hence, electrocution is a recurrent incident. For workers who spend all their lives doing such gruelling shifts and in constant danger from hazards, physical and mental health takes a serious toll.

The Hazards

Reflecting On The UDHR

India boasts of its trillion-dollar economy at global forums. Ground reality presents evidence of gross human rights abuse of the poor working class. The “Vikas” narrative of the government is exclusive of labourers and workers. Therefore, there is no serious effort on the part office holders to ensure that the right to work, decent and fair working conditions and protection against unemployment are met. Other fundamental human rights of equality, freedom, dignity and well-being also suffer abuse.

In the powerloom industry, there is a systematic collusion between the administration and business elites. Abuse of power and money to evade consequences is normal.

I wonder how much can CSOs and CBOs take on their backs. Is the non-labour class so out of touch with their humanity that they deprive employees of basic human needs? If this has become a norm in the country, what is the future of more than 90% of the workforce?

The State-level Convention on December 10 culminated in a formal letter from the Asangathit Shramik Hit Rakshak Manch to the Collector of Surat. A comprehensive collection of demands for better welfare policies, appropriate working conditions, sufficient funds and strict enforcement mechanisms, the letter was sent to the CMO for response as well.