INDIA: Man loses eyesight due to injury while working in paddy fields in Gujarat 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about a sugar cane cutter losing his sight in one eye while working in the paddy fields that come under the Bardoli sugar factory in Surat District, Gujarat, India.

In early March 2002, when Somabhai Shambhubhai Kotvalia, an adivasi (tribal person) was working in the paddy fields under the Bardoli Sugar factory, a grain entered his eye and caused it to bleed and then swell. On March 11, Somabhai was taken by the contractor who had given him a job to the Bardoli hospital and remained in the ophthalmology department until his discharge a few days later. Sadly, as a result of the incident, Somabhai lost his sight in one eye.

Somabhai requested compensation from the sugar factory in April 2005 but has yet to receive a reply. The factory’s failure to pay Somabhai’s medical costs has forced his family to cover these expenses; expenses they cannot afford. Somabhai is unable to work due to his eyesight loss and is having to survive on the meagre wages that his wife earns to support the family.

This case is yet another example of the miserable situation the adivasi sugar cane cutters face in their work at sugar factories. Many workers in these factories live in camps arranged by their factory where the conditions are appalling and where water shortages and the spread of disease are a part of every day life. In the camp, no medical aid is available and many of those who have died in work-related accidents have been denied compensation.

The Bardoli Sugar Factory, under the Co-operative Societies Act, is governed by the Registrar and employs adivasis as sugar cane cutters through a contractor. According to the Gujarat Co-operative Societies Act (Prof S.R.Bhansali, 1961, 2004 edition), the Registrar of the Co-operative Societies is not just a registering officer but is expected to provide assistance, supervision, advice and control to the co-operative societies.

We ask that you please send immediately a letter to the Registrar of the Co-operative Societies Act requesting him to take the necessary steps to ensure that the Bardoli factory provides compensation to the victim for the injury he sustained, as stipulated in the Co-operative Societies Act.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Somabhai Shambhubhai Kotvalia, 25-years-old, a labourer in the Bardoli Sugar Factory
Address: Vadpatal Village, Uchchhla Taluka, Surat District, Gujarat, India
Date of incident: March 2002
Place of incident: Surat District

Case Details:

Somabhai Shambhubhai Kotvalia (25) lives with his wife (23 years) and two children (5 and 3-years-old) in Vadpatal Village, Uchchhal Taluka, Surat District, Gujarat, India. They belong to an adivasi (tribal persons) community called the Kotvalias. Devoid of any property or land, they mostly make a living by weaving bamboo baskets. However, as the forest department does not supply sufficient bamboo to these people, Somabhai and others like him, migrate to areas where the rich upper caste farmers live. They work in their paddy fields and become sugar cane cutters.

In 2002, Jalabhai Gurjibhai Kotvalia, a labour contractor for the Bardoli Sugar factory, from Anandpur, Uchchhal Taluka asked Somabhai to join his team of sugar cane cutters. As in previous years, Somabhai, who was unemployed, decided to join him. He was taken to work in the paddy fields of one of the farmers, a member of the Bardoli Sugar Factory.

In early March 2002, as Somabhai was cutting paddy, a grain entered his eye causing bleeding and swelling. Since there was no first aid available, Somabhai was not able to take care of the injury immediately and soon an ulcer formed in his eye. With his vision growing weaker, Somabhai complained to Jalabhai who then took him to the Shree Sardar Smarak hospital, Bardoli where he was admitted in the ophthalmology department on March 11. By the time he was discharged on March 16, Somabhai had lost his eyesight completely.

Despite sustaining this injury at work, the Bardoli Sugar Factory has refused to pay for Sombhai’s treatment. With no alternative, Sombhai’s poor relatives have had to pay his medical costs. In April 2005, Somabhai sent an application to the sugar factory requesting compensation, but is yet to receive a reply from them. Unable to see with one of his eyes, Somabhai now cannot work and has to survive on what little his wife earns.

ADDITIONAL INFORMATION:

The Bardoli Sugar Factory under the Co-operative Societies Act is governed by the Registrar and employs adivasis as sugar cane cutters through a contractor. It also provides accommodation for its workers but living conditions in these camps is dismal with severe shortages of water being the primary issue. These camps are often located near open gutters and are filthy and riddled with mosquitoes and other insects. There is also no medical aid available and many of those who have died during work are not given any compensation. (Also see: HA-07-2005).

This case is yet another example of the miserable situation the adivasi sugar cane cutters face whilst living in and working for sugar factories. The stories below demonstrate their dire situation.

In 1994-95, an elderly sugar cane cutter was bitten by a snake. She was not given any treatment and died as a result of this. The Bardoli Sugar Factory refused to give any compensation.

In 2004, eleven people who were returning home in a truck after their seasonal work was finished died in an accident. The truck belonged to Pandwai Sugar Factory in Gujarat while the victims belonged to Nandurbar District, in neighbouring Maharashtra. No compensation was paid to the victim’s families.

As adivasis, the sugar cane cutters also experience much discrimination. They are not paid according to what is owed to them. The mukardam (middlemen who contracts the adivasis to the factory) pays much less to the labourers and though detailed work records are kept, they are not released and no evidence of due pay is shown.

According to the Gujarat Co-operative Societies Act (Prof S.R.Bhansali, 1961, 2004 edition), the Registrar of the Co-operative Societies is not just a registering officer but is expected to provide assistance, supervision, advice and control to the co-operative societies. Thus he must take responsibility for the sugar cane cutters and see to their welfare.

SUGGESTED ACTION:
Please send a letter to The Registrar of Co-operative Societies Act, asking him to immediately compensate the victim for the injury he sustained whilst carrying out his work.

To support this case, please click here: SEND APPEAL LETTER