In a landmark move addressing the longstanding issues faced by migrant sugarcane workers in Maharashtra, the Bombay High Court has taken significant steps to improve their working and living conditions. This initiative stems from a suo motu Public Interest Litigation (PIL) that highlighted the exploitation and hardships endured by these laborers.
Background of the Suo Motu PIL
The High Court's attention was drawn to the plight of sugarcane workers through disturbing reports detailing their exploitation. These workers, primarily from drought-prone regions of Marathwada and Vidarbha, migrate annually to Western Maharashtra's sugar belt, encompassing districts like Sangli, Kolhapur, Pune, Satara, Solapur, and Ahmednagar. Each year, approximately 10 to 12 lakh workers undertake this migration during the sugarcane cutting season, spanning from October to March. They engage in labor-intensive tasks such as cutting, pruning, and transporting sugarcane under exceedingly challenging conditions. Alarmingly, a sugarcane worker couple receives a meager sum of approximately ₹366 per tonne of sugarcane cut and loaded, leading many into a vicious cycle of debt and bonded labor.
Recommendations by Amicus Curiae Mihir Desai
To address these pressing issues, the High Court appointed Senior Advocate Mihir Desai as Amicus Curiae to provide recommendations for improving the conditions of sugarcane workers. Desai's comprehensive suggestions encompassed several critical areas:
Legislative Measures: Desai proposed enacting legislation akin to the Mathadi Workers Act, which protects laborers who carry heavy loads. Such a law would formalize the rights and protections of sugarcane workers, ensuring they receive due benefits and safeguards.
Structural Overhaul of the Welfare Board: He recommended a structural revamp of the Gopinath Munde Sugarcane Labourers Welfare Board to ensure it effectively addresses the ground realities and needs of the workers.
Enforcement of Existing Labor Laws: Desai emphasized the need for strict enforcement of the Contract Labour (Regulation and Abolition) Act, 1970, and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. He also advocated for the mandatory registration of sugarcane labor contractors under these laws to ensure accountability.
Improvement of Living Conditions: Recognizing the deplorable living conditions of the workers, Desai suggested providing 'pakka houses' (permanent housing) equipped with essential amenities such as cooking gas, electricity, adequate toilets, washing areas, and access to safe drinking water. He also recommended the establishment of crèche facilities for children, especially in sugar factories employing fifty or more workers, as mandated under Section 11 of the Maternity Benefits (Amendment) Act.
Welfare Measures for Women Workers: Special attention was given to the needs of women workers, advocating for adequate toilet and washing facilities, provision of free or subsidized sanitary napkins, and the establishment of appropriate redressal mechanisms as per the POSH Act, 2013, and the Domestic Violence Act.
Financial Protections: To prevent exploitation, Desai recommended that sugarcane workers be brought under the purview of the Bonded Labour Act, making them eligible for central schemes aimed at the rehabilitation of bonded laborers.
State Government's Response and High Court's Directives
In a commendable move, the Maharashtra state government accepted all the recommendations put forth by the Amicus Curiae. The government assured the High Court that these suggestions would be implemented from the upcoming sugarcane cutting season, starting in October 2025. The High Court, while appreciating the proactive stance of the state, emphasized the importance of not taking the issue lightly and underscored the necessity for timely implementation of these measures.
Specific Measures to Be Implemented
The accepted recommendations encompass a range of measures aimed at improving the socio-economic conditions of sugarcane workers:
Registration and Accountability: Workers are to be registered both at their permanent residences and at their migration destinations. Contractors will be mandatorily registered under relevant labor laws to ensure accountability between sugar mills, contractors, and workers.
Housing and Amenities: Provision of permanent housing constructed with sturdy, waterproof materials. These houses will be equipped with essential amenities such as cooking gas, electricity, adequate toilets, washing areas, and access to safe and clean drinking water.
Childcare Facilities: Establishment of crèche facilities in sugar factories employing fifty or more workers, as mandated by law, to support working mothers.
Community Support: Implementation of community kitchens to reduce the workload on women workers, ensuring they have access to nutritious meals without the added burden of cooking after exhaustive labor.
Conclusion
The Bombay High Court's intervention and the subsequent acceptance of comprehensive reforms by the Maharashtra state government mark a pivotal moment in addressing the systemic exploitation of migrant sugarcane workers. The successful implementation of these measures promises to uplift the living and working conditions of thousands of laborers, ensuring they receive the dignity, protection, and rights they rightfully deserve.
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