INDIA: Trade union activists allegedly charged with a false criminal case 

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, our partner organization in West Bengal, that the management of a private jute mill in West Bengal is allegedly employing corrupt police officers to fabricate cases against their employees. It is alleged that the management is using the local police to fabricate cases against the employees with an intention to silence the trade union activists from voicing their concerns against the corrupt management.

On 30 October 2004 at about 4:40pm an employee, Mr. Sanyasi Das, working at the Ludlo Jute Mill met with an accident while at work and died. Das was a contract labourer who was not a permanent employee of the mill. Das was from the same locality where the mill functioned. Hearing the news the people from the locality gathered in the mill compound and it is alleged that the people along with some of the employees demanded compensation from the management for Das’s death. The compensation was sought from the management to be paid to the deceased’s family. However, the management refused to commit any payment and tried to remove the body of the deceased employee from the mill compound.

It is alleged that this provoked the mob to agitate against the mill management. Soon a protest was organised by the employees and the local people gathered at the mill compound. The protest soon turned violent and resulted in the destruction of some mill equipments. The management lodged a complaint regarding the incident at the Ulberia police station. The police registered a case against two employees of the mill for inciting violence. They are Mr. Sk. Kayem and Mr. Gopal Karar. The case, Crime 304/2004 was registered on 30 October 2004 under Sections 147 , 148 , 149 , 427 , 379 and 326 of the Indian Penal Code. It is alleged that the police also had mentioned in the charge that there were several other persons who were involved in the crime other than Kayem and Karar. The charge also mentioned that two employees of the mill were injured in the incident.

Several persons were later arrested in connection with this case and all were later released on bail. The investigation of the case stagnated after a while and none of the accused earlier charged with the offense were informed what was happening with their case. Meanwhile the police failed to register any case against the management regarding the accident which resulted in Das’s death. It is also alleged that the management did not pay any compensation for Das’s death thus far.

On 30 June 2006 the police charge sheeted 27 additional employees of the mill on the ground that one of the guards, Mr. Ranjit Singha, who was stationed at the mill on 30 October 2004, died from the injuries he sustained when he allegedly prevented the mob from destroying the mill equipments. The police now allege that Singha died from injuries he sustained while preventing the mob from destroying the mill equipments. The police have also made up a case that all the 27 employees were absconding since 30 October 2004. However, the employees allege that they were all regularly attending to their work in the mill and were signing the attendance register.
The employees further allege that in fact the guard died from some other cause at his village which is in a different state and far away from West Bengal. It is also alleged that the charge sheet in crime number 304/2004 stands amended to incorporate Section 302 under the Penal Code. The employees also claim that even though the amended charge sheet mentions that Singha was admitted to the Kothari Medical Research Centre, Kolkata in West Bengal, and was subsequently shifted to Billona Nursing Home where he allegedly succumbed to his injuries, in fact the entire story is made up by the police.

It is alleged that the exact address of Billona Nursing Home is not mentioned in the charge sheet and that in fact Singha died on 6 January 2005 instead of 30 October 2004 as mentioned in the amended charge sheet. The employees further allege that the reason why they are now charged with the offense of murder of Singha is to pressure them not to voice their concerns against various management issues in the mill.

OTHER BACKGROUND INFORMATION:

The injury or death caused to an employee while at work is a cause of action for claim for compensation under the Workmen Compensation Act in India. The employer by virtue of the Act is liable to pay compensation to the employee for any injuries caused during the course of employment. Such claims for compensation are adjudicated by labour tribunals in India. A prudent employer would provide appropriate insurance coverage for the employees so that any claim for personal injury will be covered by the insurance. However, many employers like the mill management in this case, fail to provide for insurance cover to their employees so that they could save money on the premium.

When accidents occur, the management bribes the police and also the officers from the labour department to avoid any action against the management. It is a very common practice for the management to settle the claim by the employee by paying some paltry sum as compensation. It is when the employees protested against this among various other issues regarding their terms of employment the management of the Ludlo mill successfully forced the local police to register a false case against their employees so that they could be silenced.

Right to form peaceful association and the use of collective bargaining is recognised as a fundamental right in the Indian Constitution. The Sangrami Shramik Union is an association of jute mill employees in West Bengal. The persons against whom the police have now registered the criminal case also belong to this union.

The management employs various tactics to breach the unity of such union. The most common tactic is initiating false disciplinary actions or criminal cases against the members of the union. According to the existing law, the Industrial Disputes Act of India provide various means by which any dispute between the employees and the management could be sorted out through Industrial Tribunals. There are also other laws which ought to ensure safety and good working conditions of the employees. The Factories Act, the Payment of Wages act, The Contract Labour (Abolition and Management) Act are a few examples.

Policing and judiciary in India are the two important elements within the state that could ensure protection, promotion and fulfillment of human rights. However, the functioning of both these institutions has failed thus far to deliver any result to the ordinary people in India. In theory, the Indian courts have developed considerable jurisprudence regarding issues relating to state responsibility and the obligations of the state vis a vis the rights of the people.

The constitutional courts in India, the Supreme Court in particular, by its inherent jurisdiction to interpret the constitution has made use of the principle of harmonious interpretation to cloth several rights, which otherwise was not considered to be justiciable, as fundamental rights. The passage of time saw the emergence of Constitutionalism and the role of the judges as a creative element in the constitutional tapestry. Constitution was treated not as a mere statute but as a mechanism under which laws are made which need to be interpreted in a creative manner as opposed to the narrow pedantic approach. It was well realised by the judiciary that situations are arising in the country, which the framers of the Constitution could not contemplate that calls for a generic or flexible construction required to be given to make the basic law of the country a living organism so that it may meet the needs of the changing society.

However, as of today this development is wilted owing to the lack of implementation of what the courts tried to bring into practice. Much of the failure was due to the inherent neglect of the government in implementing law in the country. Labour issues, one of the driving factors which unite the underprivileged in any reasonably functioning democracy, as of today in India, the largest democracy of the world, are treated as a threat to development. The corrupt policing and the insensitive lower judiciary are used to exploit the underprivileged in India. This case is yet another example which depicts this fall.

SUGGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging for an immediate intervention in this case so that an impartial inquiry is initiated into the case and the real facts brought to light. We also encourage you to request the authorities in India to ensure that adequate compensation is paid to the deceased employee.

 

 

 

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