PUCL Statement: Oppose Dilution of Labour Laws!!
Filed under: Uncategorized
PUCL Statement: Oppose Dilution of Labour Laws!!
Labour Laws Necessary to Protect Fundamental Rights of Workers
PUCL is deeply concerned at the swiftness with which many states in the nation are dismantling the protection afforded to workers under their various labour laws. These laws provide many of the basic guarantees to workers – ensuring that employees get paid decent wages on time, have reasonable working hours, and are not subject to discrimination. They require employers to provide basic necessities such as drinking water and clean toilets to workers, and protect them from accidents and occupational hazards and diseases. Labour laws are essential for ensuring fundamental rights for our workers – rights which are guaranteed by the Indian Constitution to all Indian citizens, at all times. PUCL believes that withdrawing these protections from the working population in an effort to entice new businesses, is an unconstitutional, immoral and unethical attempt to revive an economy at the expense of its weakest citizens.PUCL is deeply concerned at the swiftness with which many states in the nation are dismantling the protection afforded to workers under their various labour laws. These laws provide many of the basic guarantees to workers – ensuring that employees get paid decent wages on time, have reasonable working hours, and are not subject to discrimination. They require employers to provide basic necessities such as drinking water and clean toilets to workers, and protect them from accidents and occupational hazards and diseases. Labour laws are essential for ensuring fundamental rights for our workers – rights which are guaranteed by the Indian Constitution to all Indian citizens, at all times. PUCL believes that withdrawing these protections from the working population in an effort to entice new businesses, is an unconstitutional, immoral and unethical attempt to revive an economy at the expense of its weakest citizens.
Better Enforcement of Labour Laws Required, Not their Dilution
The country is currently witnessing a massive human tragedy as lakhs of migrant workers found themselves stranded during the lockdown, without any means of getting food or work. Much of this could have been averted had the laws on migrant workers been properly implemented, and all of them been duly documented. Many of these workers have not been paid for months. Again, had the laws relating to timely payment of wages been enforced, many of these workers would not have been forced to take desperate measures like walking thousands of kilometers back to their homes.
As the country is slowly emerging from the lockdown, the working citizens of this country are at their most vulnerable, facing threats of mass layoffs and firings with depleted reserves of cash and food. This is the time when they most need the protection of labour laws to ensure that they are not unduly exploited. PUCL is alarmed by the ordinances cleared by Uttar Pradesh and Gujarat cabinets, which would indiscriminately suspend all labour laws except a few basic ones, for close to three years. Notifications by the governments of Madhya Pradesh, Rajasthan, Himachal Pradesh, Punjab and Haryana have also suspended crucial portions of their labour legislations. We fear that these moves would force a large proportion of our population to inhuman servitude and destitution, and condemn them in no uncertain terms.
Labour Laws ensure basic living conditions for a large section of the population
Remuneration for Work
Employers are mandated by law to pay workers no less than the minimum wages in a timely manner, and also supplement the incomes of their low wage employees with yearly bonuses drawn from their profits. In addition, laws on gratuity ensure that at the end of employment, due to retirement, death or disablement, the employees or their families are compensated for the length of their service. Workers covered by Employee State Insurance are entitled to half of their monthly wages as unemployment benefits for a maximum of two years, and the Employees Provident Fund allows them access to a small fund at retirement, or during an emergency.
We would like to point out that in actuality only a small proportion of all workers are enrolled in ESI and EPF, even in industry notified under EPF. For example in the brick-kiln industry it is estimated that anywhere from 5-8 million workers do not get this benefit. Similar is the situation in relation to Gratuity and Bonus. The demand should be make these protections universal; instead these provisions are being suspended even for existing workers.
Most of the currently proposed labour law amendments guarantee only the minimum wages, and have suspended all other benefits. We note that Punjab has also rolled back its latest increase in minimum wage and other states may soon follow. UP and Gujarat propose to suspend gratuity, bonus, provident fund, and all other benefits, which are crucial to sustain the workers at this time. PUCL strongly opposes the move of these various governments to deprive workers of the protection of existing labour laws.
Working Hours
Factories Act mandates that working hours should be limited to 9 hours in one day, with a maximum of 48 hours per week. Any additional hours of work have to be compensated as overtime wages at twice the ordinary rate. A large number of states including Rajasthan, Punjab, Haryana, Himachal Pradesh, Gujarat, Uttar Pradesh and Madhya Pradesh have extended the workday to 12 hours per day, for the next 3 months, with no increase in the number of rest intervals. A majority of these states have also extended the workweek from 48 hours to a grueling 72 hours. PUCL is distressed to note that the states of Gujarat and Uttar Pradesh have exempted their industries from having to pay overtime wages for these extended work hours.
Extension of working hours also goes against the stated aim of these labour law amendments to increase overall employment, because they effectively incentivize the employers to employ fewer workers than required, and compel them to work for longer hours.
It should be recalled that the demand for limiting the working hours to 8-hours a day and 48 hours in a week originated during the Industrial Revolution in order to protect the workers’ health and safety by providing them with adequate amounts of rest and recuperation. Considering that the right to shorter working hours was the subject of the very first Convention of ILO ‘International Labour Standard (C001)’ adopted by the ILO and ratified by India, PUCL is alarmed to see the clock turn back more than 100 years of workers’ struggle. It is especially against the very requirement of health and immunity following Covid19; this is because simultaneous with the 12- hour work day, the rest time for the worker will now be available not after the first 4 hours, but after 6 hours of continuous work. This will have an adverse impact on health and emotional state of the workers. Also given the high increasing rate of unemployment, this will further limit the employment opportunities. The hours work should be reduced to six.
Health, Safety and Welfare of workers
Factories Act, Mines Act and Dockworkers Act are some of the labour laws that enjoin employers to protect the health and wellbeing of their workers. These laws provide for clean, ventilated and adequately lit working spaces with drinking water, and toilets. An employer is also expected to provide first aid facilities, sitting spaces and creches. These laws also mandate inspections for safety and health, safe disposal of hazardous materials, notifications of industrial accidents and occupational diseases.
As a pandemic rages in our country, and with a living memory of the Bhopal Gas Disaster and the recent Styrene gas leak causing death of 11 people and serious injuries to over 200 people in the LG Polymers India plant in Vishakapatnam on 7th May, 2020, it is obvious that these measures not only secure the health and safety of industrial workers, but also of entire communities.
PUCL is disappointed to note that Madhya Pradesh, Uttar Pradesh and Gujarat have stripped or suspended these laws at a time, when it is in the greater public interest to implement them with great vigour.
Grievance redressal machinery and the right to Collective Bargaining
The central Industrial Disputes Act and the state Industrial Relations Acts primarily protect workers from uncompensated lay-offs and retrenchments, unreasonable changes in their working conditions, unfair labour practices etc. They allow for a system of labour courts, industrial tribunals and arbitration boards where the workers can raise an industrial dispute relating to wages, working hours, conditions of work etc, and get their grievances redressed. The Trade Unions Act recognizes associations of workers to act as their representatives and enter into collective agreements with the employers.
In view of the announcements by several states of the suspension of these acts, PUCL points out that the institutions established by these acts are critical for the smooth functioning of the industry, and provide a mechanism for social dialogue between the workers and employers. This machinery is essential for ironing out the tensions between the labour and the management, without having to take recourse to the lengthy and expensive litigation, or acrimonious strikes and lock-outs.
The suspension of these crucial laws violates the basic provision of labour law of tripartite mechanism. We must remember that the highest level labour related bodies at National (Indian Labour Conference) and International (International Labour Organisation) level are tripartite in nature. This is no way can be compromised.
Worker Welfare
In addition to these, there are many other labour laws which afforded some protection to the most vulnerable category of workers, such as pregnant women, migrant workers, contract workers, manual scavengers, and those working in the beedi industry, in mines and in the unorganized sector, who are now also left open to exploitation by industry owners.
Diluting labour laws will not attract additional investment
The justification given by various governments that existing labour laws are a deterrence to investment by industry, and by extension, to the prosperity of the state, needs to be examined more critically. The notion that stringent labour laws are the primary impediments to investments in states is highly debatable – manufacturing industries depend on a complex set of factors such as reliability of infrastructure, access to credit, availability of skilled workers, good governance and freedom from corruption.
Several studies have shown that strong labour market institutions and social welfare legislation are necessary to reduce inequalities and encourage inclusive growth (1), and that high levels of inequality can retard growth in developing economies (2). Even the UN Trade and Development Report, 2019, warns governments against ‚promoting cuts to labour costs‛ as their ‚adjustment strategy of choice‛ when faced with economic downturns. Instead, the report encourages governments to adopt progressive fiscal arrangements, and expanded social insurance, among other measures for achieving Sustainable Development Goals (3). An increase in the average wage of the worker will drive domestic demand, fueling growth in the economy.
Suspension of Labour Laws is Unconstitutional & violates International Covenants
The new industry regime ushered in by these changes, where employers can pay rock-bottom wages, hire and fire workers at will, coerce them into working long hours each day, and prevent them from unionizing, goes against the very grain of our constitution, and is also in violation of many international conventions. Such precarious working conditions are clearly violative of Article 21, the fundamental right of workers to live with dignity, as held by J Bhagwati in the `People’s Union for Democratic Rights v. Union of India’ (1982) (4) case.
The Supreme Court has held that Article 21 also encompasses the ‚protection of health and strength of workers and just and humane conditions of work. (5)
The rights of workers to non-discrimination, a living wage, safe and humane working conditions, and a decent standard of life and full enjoyment of leisure and social and cultural opportunities, is also enshrined in our Constitution through Directive Principles of State Policy (6).
The right to form trade unions and engage in collective bargaining is protected by Article 19(1)(c), which guarantees all citizens the right to form associations or unions for a lawful purpose. It is also a fundamental human right recognized by the Universal Declaration on Human Rights, 1948, enabling the effective participation of workers in economic and social policy.
PUCL strongly objects to the dilution of labour laws, the bulwarks of our legislative edifice against exploitative and extractive labour practices, as a strategy to kick-start economy. We demand that the President send back the UP and Gujarat state ordinances to the respective states. We further demand that the states of Gujarat, Punjab, Haryana, Himachal Pradesh, Rajasthan and Madhya Pradesh revoke their notifications amending the Factory Act, Industrial Disputes Act and related acts. Vast sections of our working population are better served by a caring government that watches out for their rights as workers, assuring them secure jobs which meet their basic needs, rather than one that merely treats them as fodder for the ruthless engine of industry.
PUCL wishes to emphasise that the purpose for India’s industrialization and development cannot be to ensure profit for international companies, at the cost of the dignity, well-being and liberty of India’s working class people. The aim of India’s development must be for creation of sustainable growth with high levels of employment for the working age population and good quality of living for all people living in India. What is required is universal application of laws with adequate provisions of effective enforcement, transparency and monitoring, within tripartite frame.
PUCL gives a call to all concerned citizens of India to rise up as one to oppose the dilution of labour law changes proposed by the Governments of UP, Madhya Pradesh, Gujarat, Punjab, Haryana, Himachal Pradesh and Rajasthan.
On Behalf of PUCL:
Shalini Gera, Kavita Srivastava, Mihir Desai, Sanjay Parikh, ND Pancholi, D. Nagasaila, Rohit Prajapati, Seema Azad , R. Murali, YJ Rajendra, Lara Jesani, Arjun Sheoran, Ravikiran Jain, V. Suresh.
Mr. Ravi Kiran Jain,
President, PUCL
Dr. V. Suresh,
Gen. Secy, PUCL
1 Labour Markets, Institutions and Inequality – Building Just Societies in the 21st Century, edited by Janine Berg, ILO, 2015
2 Inequality, Growth, and Investment, Robert J. Barro, National Bureau of Economic Research (NBER) Working Paper No. 7038, Issued in March 1999
3 Trade and Development Report 2019: Financing a Global Green New Deal, United National Conference on Trade and Development
4 AIR 1982 SC 1473
5 Occupation Health and Safety Association of India v Union of India (2014) 3 SCC 547
6 Articles 39, 42 and 43
COVID Lockdown | A writ Petition by PUCL and High Court Orders
Filed under: Uncategorized
Documents related to PUCL’s writ petition in the High Court of Karnataka pertaining to the COVID 19 Lockdown
Letter from PUCL-K to the CJ of Karnataka is here
Order dated 26 March is here
Order dated 30 March is here
Order dated 3 April is here
Order dated 7 April is here
Order dated 9 April is here
Order dated 13 April is here
Press Release | Status of implementation of the food security schemes and old-age pension scheme in Karnataka
Filed under: Uncategorized
PRESS RELEASE | BANGALORE, 12 April , 2020
- PUCL feedback report on the status of implementation of the food security shemes and old age pension scheme in Karnataka shows several gaps
- Government needs to address these gaps immediately , else issue of malnutrition will become worse
This to bring to the kind notice media with reference to the Writ Petition No. 6435 of 2020 (PIL) and Connected Petitions, the Hon’ble Court had directed the PUCL to get feedback from its volunteers about the implementation of what is stated in Clauses (i) and (ii) of para 20 of the compliance submission filed by the State Government, which pertain to ensuring provision of nutritious food to children, adolescent girls, pregnant women and lactating mothers, and the implementation of the National Food Security Act, 2013. Food security for children, pregnant women, lactating mothers and adolescent girls derives from Article 21 as also specifically from sections 3, 4, 5, 6, 24, 30 and 32 of the National Food Security Act, 2013. A consolidated report on the above is attached to this mail for your kind information.
As per the directions of this Hon’ble Court, PUCL has requested its members as also other civil society organisations to assist in this task, consequence of which a rapid assessment seeking details of provision of entitlements covering 3 fields broadly – by Anganwadi centres, through the mid day meal scheme and through the Public Distribution System has been collected from 80 villages and cities across 20 districts, which is attached as Annexure – 1 for your information
Also the PUCL requested AIKYATHA, which spearheads a campaign for dignity to senior citizens to ascertain whether the senior citizens who are beneficiaries of one of the social security pensions have actually received the same. A copy of brief report prepared by them is also attached as Annexure – 2 for your kind information.
The report highlights gaps in the delivery of the schemes such as Anganwadis, Mid-day Meals, PDS system and senior citizen pensions.
While the food schemes themselves are functional and most people have received some sort of ration , it is not complete and importantly it will not last till the end of any extyended lockdown. Worrying children whoa re malnourished have not got the additional nutrition they need. Karnataka’s children already face a huge malnutrition problem. It may become worse because of the lockdown.
PUCL urge the government take appropriate action to ensure that all the beneficiaries get the full amount of food they are entitled too is required. Else, the health of the poor and marginalised will be severely affected.
Anganwadis
1. Children between 0- 6 years – Of the 80 villages/localities, anganwadi centres in 10 areas have not yet provided rations for children between the ages of 0-6 years. In the remaining, some ration ahs been provided but not the full qyanityt. The mandatory egg and milk has not been provided. Worryingly None of the respondents have found any attention being given the additional nutritional and health needs of children who have been identified as malnourished, which is a glaring omission
2. Pregnant women and lactating mothers – Some amount of ration is being provided in 75% of the surveyed areas only. Even with the 75%, they are not receiving the full amount
3. Adolescent girls – Shockingly, Only 13.75% of respondents stated that this was being provided. Shockingly, a large number of respondents said that adolescent girls had not received rations from anganwadi centres for quite a while
Public Distribution System
The PDS shops are distributing extra rice and wheat as thje government had announced, but there are several issues, such as –
Only rice and wheat is being distributed and no Dal, even though the central government announced that Dal would be distributed.
Access Issues remain : 10 of the respondents stated that shops are not ope, 5 respondents stated that shops were open but not providing ration ; Ration shop owners insisted on aaadhaar and OTP verification even though government said it is not mandatory ; Ration Shop owners force people to buy other times that they sell too
Mid-day meals
Delivery of rations to students under the mid-day meal scheme appeared to be more operational, with only 9 of the 80 surveyed areas reporting that rations through mid day meal schemes were not provided. The rations appear to have been given on various dates from mid-March onwards, with varying amounts of rations (with a rice base of between 1 – 3 kg) being provided.
Senior Citizens Pensions
This rapid survey has found that senior citizens are facing immense difficulties. Most Senior Citizens, who are dependent on pensions, do not have phones and, even prior to the lockdown had to make repeated trips to the Post Office/Banks to inquire if their pensions was deposited. The current crisis caused by Covid19 and the lockdown, has aggravated their situation unimaginably. They are the most vulnerable to Covid-19 due to their age and many pre-existing health conditions. Thus their movement is restricted, and their children or grandchildren too find it difficult to the bank/post offices repeatedly to verify their account due to movement restrictions. Importantly, the survey reveals that most have received pensions only for the month of January and February 2020 and are not sure whether the pension for March is deposited.
The copy of the momo submitted to High Court along with Annexures attached for your kind information.
Therefore, PUCL request you to cover the news in your esteemed newspaper.
Your Sincerely,
Prof. Y J Rajendra
President, PUCL –Karnataka
9449011530
Annexure:
Annexure – 1 AWC-MDM Survey Data conducted by PUCL (1)
Annexure – 2 Old Age Pensions Memo report on Supply of rations and senior citizens submitted to HC K
Press _Release_2020_Covid_schemes
Memo report on Supply of rations and senior citizens submitted to HC K
Fact-Finding Report | Extra-judicial killings of 4 suspected Maoists at Attapaddi, Kerala
Filed under: Uncategorized
Read the full fact-finding report here
On 28th October 2019 and 29th October 2019 at the forest areas at Attapaddi, Palakkad district, the Thunderbolt which is the special wing of the Kerala police “encountered” four persons who they have termed as belonging to the Communist Party of India (Maoists).
As per the police, 3 persons were killed on 28th October during cross-firing, and one person was killed on 29th October 2019 at the same spot. The Government has claimed that they have been shot in cross-firing.
Read the full fact-finding report here
Production Torture – Working conditions faced by garment workers
Filed under: Human Rights, Report
Production Torture is a study of the working conditions, including workplace harassment, faced by women garment workers in Bangalore and other districts.
This study is published by:
- PUCL – K
- NLSIU
- Vimochana
- The Alternative Law Forum
- Concern – IISc
- Manthan Law
- Garments Mahila Karmikara Munnade
“Production Torture“
A telling phrase from English innovated by garment workers to articulate their daily experiences of the Government Factory.
In response to the widespread complaints about abusive conditions faced by women workers in the garment industry in Bangalore, a number of human rights organizations and activists, came together to institute a joint fact-finding inquiry to go into such abuses and their deleterious impact on the workers, and suggest measures for redress of complaints by state, brand buyer agencies, and other bodies.
As part of this study, 27 interviews and 8 focus group discussions with women garment workers and men garment workers — each of which discussions comprised not less than 20-25 workers — were undertaken. The conversations during the interviews and focus group discussions revealed various forms of violations and harassments that the garment workers are subjected to. Almost all conversations were unanimous in pointing to the impossible targets set for the workers per day as the primary source of most forms of harassment. they faced.
Manual Scavenging in Karnataka – A PUCL-K Study
Filed under: Human Rights, Report, Urban Poverty
What are the historical factors at work in India society in denying the right to dignity for the sanitation worker and allowing deaths from manual scavenging to continue? This study identifies four such factors and discusses them in detail.
Thread and Tension | An account of the historic uprising of garment workers
Filed under: Human Rights, Press Releases, Urban Poverty
Thread and Tension
An account of the historic uprising of garment workers
A fact-finding report by People’s Union for Civil Liberties – Bangalore and Women Against Sexual Violence and State
Repression
In April, 2016, lakhs of workers of the garment industry took to Bangalore streets to protest against a new Central Government Ordinance on the Employment Provident Fund. The protest was spontaneous, sudden, and unplanned, and took place over April 18th and 19th. Most of the participants and leaders were women workers. The protest was triggered by a newspaper article in Vijaya Karnataka – a Kannada daily – that appeared on April 16th, 2016. The resulting demonstration was a landmark event, as it led the Central Government to withdraw the ordinance, thus benefiting lakhs of salaried workers across the country.
Download the complete report in English here
Download the complete report in Kannada here
| Preliminary Report | Impact of Demonetization on Casual Labour at the Chowktis of Jaipur
Filed under: Human Rights, Report, Reports From Other Organizations!, Uncategorized, Urban Poverty
Read the full report HERE
Preliminary Report of the Survey ~ Conducted by PUCL Interns & supervised by PUCL and BGVS members
Though there are several general statements available suggesting that the maximum impact of the note withdrawal scheme has been this segment of daily wage earners, however no systematic assessment is available. Accordingly we decided to undertake a quick assessment survey of the impact of the demonetization on the casual labour in an urban setting covering daily wage earners who assemble at various Chowktis (labour markets where wage-work seekers assemble in the morning) in the city of Jaipur.
The broad purpose of the rapid survey was to understand (a) the impact of demonetization on work, wages, incomes, access to food, relations, (b) banking practices and (c) awareness about demonetization scheme and of black money among casual labourers who reach local labour markers to seek wage labour work.
Press Release | Death of Two Manual Scavengers in Bengaluru
Filed under: Human Rights, Minorities, Press Releases
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Download the Full Statement Here
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PUCL-BENGALURU CONDEMNS THE DEATH OF TWO MANUAL SCAVENGERS IN SHANTINIVAS APARTMENT NEAR YESHWANTPUR RAILWAY STATION, BENGALURU
On October 18, 2016, two manual scavengers named Venkataramana, 24, a dalit, and Manjunath, 32, died in the septic tank of Shantinivas Apartment, near Yeshwantpur, Bengaluru, due to asphyxiation. The owners/residents of Shantinivas Apartment had employed the deceased persons through a private contractor, and they were not provided with any safety gears which led to their tragic deaths.
Section 7 of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, prohibit employment of persons for hazardous cleaning of a sewers or septic tanks and any contravention of this section is cognizable and a non-bailable offence under section 9 of the above Act. Additionally, offences are made out under section 3(1) (j) of the SC and ST (Prevention of Atrocities) Act, 1989 as amended in 2015 (prohibits manual scavenging), as well as under Indian Penal Code (IPC) section 304 (II) which is for culpable homicide not amounting to murder.
So far, an FIR has been registered only against the contractor for death due to negligence under IPC section 304A, and not against the owners of the apartment. A group of Dalit activists protested in front of the Bengaluru Urban Deputy Commissioner’s office demanding compensation. The DC handed over a cheque of Rs 5,00,000/- to a social welfare department officer, which is only 50% of the compensation amount, meant for Venkatramana’s family who were not present at the protest venue.
As per the 2014 Supreme Court judgment in Safai Karamachari Andolan & Ors. Vs. Union of India & Ors, families of Venkataramana, and Manjunath should be provided a compensation of Rs.10,00,000/- each immediately, and the state government should also take immediate steps towards providing a government job to one member of the deceased persons families as per the provisions of the 2013 Act and 2014 SC judgment. Family of the deceased Venkataramana, a dalit, should also be provided with an additional Rs. 8,00,000/- compensation as per the SC and ST (Prevention of Atrocities) Amendment Act, 2015.
Based on the above mentioned facts and developments, we, the People’s Union for Civil Liberties- Bengaluru, demand:
- That the owners of Shantinivas Apartment should be booked under IPC Section 304(II), sections 7 and 9 of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and section 3(1) (j) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015. They should be arrested immediately for the unfortunate deaths of Venkataramana, and Manjunath.
- That the concerned officials in the Bruhat Bengaluru Mahanagara Palike (BBMP), which is the local authority under the 2013 Act, should be charged under the above mentioned provisions for blatantly breaching their obligations as per the law.
- That the local authority act immediately in identifying the manual scavengers in Bengaluru, and rehabilitate them as per the 2013 Act.
- That the District Magistrate, Bengaluru, should issue a circular immediately to prohibit the practice of manual scavenging in private apartment complexes/private spaces, and failing of which should result in criminal liability of the owners of those spaces.
- That the hoardings depicting the prohibition of manual scavenging be displayed in different parts of the Bengaluru city.
For more details, please contact Geeta (94482-243171), or Kishor Govinda (9886-334715)
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Press Release | Kaveri Water Issue
Filed under: Minorities, Uncategorized
The Kannada Press Release is Available Here
The Supreme Court has given its’s verdict over the sharing of Kaveri between Karnataka and Tamil Nadu, and directed the Karnataka government to release forthwith 15000 cusecs of water every day for ten days to Tamil Nadu. This verdict has created tremendous tension in Karnataka and resulted in continuous protests throughout the state for the last 10 days, causing enormous hardship among the people and has disrupted normal life throughout the state. Under these circumstances, the Karnataka government filed a petition before the same bench on Monday 12th Sept, requesting the court to review its verdict. It has been reported that the bench summarily refused to hear the submission made by Karnataka. This latest order has further aggravated the situation, turning it from bad to worse in the state. The peaceful protest has turned into violence, resulted in the killing of two innocent persons in police firing, and also causing a lot of damage to vehicles and property. The situation in the southern region of Karnataka is quite grave, and normal life has been thrown out of gear.
In the light of the above, PUCL – Karnataka proposes the following steps to defuse the situation:
1. With regard to the sharing of water, the state government should constitute a committee with experts to look into and recommend possible scientific solutions, and the court should monitor the implementation of the recommendation.
2. There should be long-term policy guidelines with regard to selecting of cropping patterns in the Kaveri basin, subject to the availability of quantum of water, both in normal and crisis situations, thereby preventing such crisis situations getting out of hand.
3. With regard to the decision on sharing of water at times of acute water scarcity, the two governments should constitute a committee with farmers living in Kaveri basin from Karnataka and Tamil Nadu and urge them to deliberate on proposals / solutions, based on which decisions can be taken by the respective governments
4. In order to defuse the current tensions prevailing in Karnataka and Tamil Nadu, the two Chief Ministers should set aside their political calculations, and meet immediately and take a courageous decision on amicably sharing the water at this time of crisis in order to restore normalcy in their respective states.
5. The media in both the states should show due restraint in reporting incidents of unrest, and should make clear that linguistic minorities from either state are not in any way responsible for the conflict, and the resultant violence.
The government of Karnataka has so far taken concrete steps to protect the linguistic minorities in the state, barring two incidents of killing in police firing. The protection of lives and properties should be a priority issue for both Karnataka and Tamil Nadu governments.
PUCL draws the attention of the two governments to how a similar incident over Kaveri issue two decades ago resulted in horrific violence. Accordingly, we urge the constitutionally established authorities, including the central government, the two state governments, and the Judiciary to exercise their constitutional authority with sensitivity and caution and arrive at a permanent solution to this issue.
Dr. R V Chandrashekar – Treasurer
Mr. K Venkataraju – General Secretary
Prof. Y J Rajendra – State President
puclblr@gmail.com