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SOCIO ECONOMIC AND WORKING CONDITIONS OF UNORGANISED SCHEDULED TRIBE WORKERS IN NEYVELI

Dr.K.Dhamodharan. M.A., B.L., M.B.A(Hons) M.M.M., M.Sc(Psy) M.Phil., Ph.D Honorary Coordinator,SHIATS-Deemed University,Allahabad, Neyveli Centresssesn@gmail.com

Abstract

The tribal workers are one of the most vulnerable sections of the unorganized labour

force in India. The tribal workers are engaged in various kinds of works in the unorganized

sector. The work being unskilled and casual in nature the employers prefers the poor tribal

workers who are mostly illiterates and not aware of their rights. The Socio Economic and

Working conditions of tribal workers are below the minimum standard. Many studies were

made on tribal community but the nature, scope and objectives of the studies were aimed to

the extent of community development of tribal. But applied research on Tribal labour in India

is at slow phase. The present study was conducted with an objective to examine the social

economic and working conditions of tribal workers in Neyveli. The study covered the tribal

workers settled in Non tribal plain area at Neyveli. These tribal workers at Neyveli are

migrated labourers. The Human Rights of the tribal men and women who form substantial

part of the unorganized labour force are largely affected. The present study is explorative

cum descriptive aimed at exploring the socio economic conditions including the working

conditions of the tribal workers in unorganized sector of Neyveli which is an industrial town

situated 200 kilometers of Chennai at Cuddalore district. The study covered a sample size of

50 selected under random sampling method. Appropriate statistical tools like Chi-square

analysis and percentage analysis were made to analyse the data. The primary data were

collected through the Interview schedule. The secondary data were collected from published

and unpublished works including the internet resources .The study results shows that the

socio economic and working conditions of Tribal workers are dismal. The basic human rights

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are violated in many forms. The study concludes with certain recommendations for the

improving the conditions of the tribal workers.

Key words: Human Rights, exploited, Vulnerable, exploited, infringement, unorganized

workers,

Introduction

The term "human rights" is a relatively modern invention. It covers under its umbrella three

different types of rights which include the fundamental freedoms or classical civil liberties, ethnic and

religious rights, and socio-economic rights (Greenfield, 1981 ). Human rights mean the rights relating

to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in

the International Covenants and enforceable by courts in India. Our constitution guarantees certain

fundamental rights. The Fundamental Rights are defined as basic human freedoms which every Indian

citizen has the right to enjoy for a proper and harmonious development of personality. These rights

universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or

sex. They are enforceable by the courts, subject to certain restrictions. Article 366(25) of the

constitution refers to scheduled tribes as those communities who are scheduled in accordance with

Article 342 of the Constitution. According to Article 342 of the Constitution, the Scheduled Tribes are

the tribes or tribal communities or part of or groups within these tribes and tribal communities which

have been declared as such by the President through a public notification.

The schedule tribes of India possess distinct and unique characteristic feature (Ghuryw, G.S.

1980). The Scheduled Tribe are most vulnerable groups( Mamoria.C.B,1958) As per the 1991 Census,

the Scheduled Tribes account for 67.76 million representing 8.08 percent of the country’s population.

Scheduled Tribes are spread across the country mainly in forest and hilly regions (Dube,1997). The

scheduled Tribal communities for economics purpose migrate from place to place and their mobility

is based on many factors influencing their pattern of employment and traditional occupations (Singh,

K.S. 1982) The Scheduled Tribes in Neyveli are mostly self employed persons.

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According to the definition of Unorganised Sector Workers’ Social Security Act, 2007 "self-

employed worker" means any person who is not employed by an employer, but engages himself or

herself in any occupation in the unorganised sector subject to a monthly earning of an amount as may

be notified by the Central Government or the State Government from time to time or holds cultivable

land subject to such ceiling as may be notified by the State Government. The scheduled tribe men and

women come under this category of self employed workers category.

The scheduled tribe women have also started earning and their income forms significant part

of the family income(Sen, Gita 2003) The Scheduled Tribe men and women in Neyveli are also

engaged in other works which are covered by the definition Unorganized sector. The term

“Unorganized sector” means an enterprise owned by individuals or self-employed workers and

engaged in the production or sale of goods or providing service of any kind whatsoever, and where

the enterprise employs workers, the number of such workers is less than ten.

The Unorganised labour constitutes a widely exploited section of the society ( A.M.Sharma

2008). “Unorganised sector worker” means a home based worker, self-employed worker or a wage

worker in the unorganised sector. The term ‘Unorganised labour’ has been defined in other way by the

Government of India. In its annual report the term Unorganised labour has been defined as “those

workers who have not been able to organise themselves in pursuit of their common interests due to

certain constraints like casual nature of employment, ignorance and illiteracy, small and scattered size

of establishments”. Nevertheless Social security measures are rare in the unorganized sector (S R

Sharma, 1997). The scheduled tribes in the Neyveli area were said to be occupying the area belonging

to the Government unauthorisedly. Almost all of them had migrated from various parts of Tamilnadu

and settled in and around Neyveli in groups some thirty years back. The peculiar characteristic feature

of the migration and settlement is that the groups migrate with their families and friends and construct

small huts for dwelling.

The institution of migration had affected almost all societies both historically and structurally.

The data on population mobility of ST are essentially pre requisite for any developmental planning.

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The Irulas help in catching snakes and collect the snake venom. The tribals way of living is slowly

changing from their original forest dweller existence to one near the mainstream like Neyveli. In order

to protect the Human Rights of the Scheduled Tribes the Government of India had brought an

amendment in article 338 of the constitution in 2003 wherein a new Article was inserted as 338 A (1)

which paved the way for the creation of the National Commission for the Scheduled Tribes. The

prime duty of the commission is to investigate and monitor all matters relating to the safeguards

provided for the Scheduled Tribes under this Constitution or under any order of the Government and

to evaluate the working of such safeguards the National Commission for the Scheduled Tribes, to

inquire into specific complaints with respect to the deprivation of rights and safeguards of the

Scheduled tribes, to participate and advise on the planning process of socio-economic development of

the Scheduled Tribes and to evaluate the progress of their development under the Union and any

State; to present to the President, annually and at such other times as the Commission may deem fit,

reports upon the working of those safeguards, and to make in such reports recommendations as to the

measures that should be taken by the Union or any State for the effective implementation of those

safeguards and other measures for the protection, welfare and socio-economic development of the

Scheduled tribes (Basu, Salil. 1999)

The Constitution of India in its endeavor seeks to secure for all its citizens, among other

things, social and economic justice, equality of status and opportunity and assures the dignity of the

individual. The Constitution further provides social, economic and political guarantees to the

disadvantaged sections of people. Some provisions are specific to both Scheduled Castes and

Scheduled Tribes and some are specific to only Scheduled Tribes. Article 15 (4) of the constitution

provides for special provision for the advancement of any socially and educationally backward classes

of citizens or for the Scheduled Castes and the Scheduled Tribes. The Parliament has also passed the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to prevent the

commission of offences of atrocities against the tribes. The International Instruments on Human

Rights too provides for the protection of human rights of the scheduled tribes in various ways. ILO

Conventions Nos. 107 and 169 on indigenous and tribal peoples are the only two international legal

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instruments adopted specifically on the subject by the international community. They reflect the ILO's

concern, since 1921, for promoting the rights of these peoples and enhancing their position within

national societies. Many of the Articles in the Universal Declaration of Human Rights 1948 protect

the rights and interests of the Scheduled Tribes. However poverty which one of the factor contributing

to the violation of Human Rights violation forms the essential part of the Scheduled Tribe Labour

(Sen,A 1984). With this backdrop the socio economic conditions of unorganized scheduled tribe

workers were examined.

Statement of the problem

Multitude of problems surrounding the unorganised scheduled tribal workers draws the

attention of Human Rights Activist, Labour Activist, and Philanthropist in the recent times. As a

result research studies on tribal labour began slowly. In addition to the above said legal provisons

specifically applicable to the tribal labour a number of other national and international laws are also

applicable to tribal labour. Now the research problem is whether all these protective measures really

improved the standard of living of the tribal labour ? The question again arises whether the tribal

workers enjoy the fruits of Human Rights. With this objective a study was conducted Neyveli which

is 200 kilometers from Chennai.

Need for the study

There is an imperative need to take up more studies at this level to understand the problems of tribal

workers more vividly. Such an understanding is absolutely necessary to evolve appropriate strategy to

deal with their problems and to bring about overall development of tribal workers including the

enjoyment of their Human Rights.

Scope of the study

The study covered scheduled tribal workers in in Neyveli. The tribal labour in Neyveli belongs to

three categories namely (a) Kattu Naickan (b) Malaikuravan and (c) Irulars. These people are not the

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natives but migrated from the other district some thirty to forty years back. These tribal people mainly

settled in groups in various parts of Neyveli. The study focuses the Socio economic, living and

working conditions of the tribal labourers. There is also an extensive scope for many more studies in

this contour to enable the administrators to devise an appropriate strategy to improve the overall

conditions of tribal workers.

Objectives of the study

The overall objective of the study is to understand and analyse Socio - economic, the working

and living conditions of Women Construction workers and thus it has its focus on the following

specific objectives.

1. To study the socio economic profile of tribal workers.

2. To understand the nature, pattern of employment, migratory character and living conditions of

tribal workers in Neyveli.

3. To examine the Human Rights of the tribal labourers

4. To study the social security measures extended to tribal workers.

5. To suggest suitable measures.

Research design

The present study is an exploratory cum-Descriptive design. While the exploratory design is

employed in order to gain familiarity with the situation of tribal workers, the descriptive design is

used for portraying accurately the characteristics of tribal workers and for determining its association

with the socio economic factors. The present state of affairs of the tribal workers in Neyveli is studied

and analyzed with statistical tools. Survey method is used for eliciting data from the target population.

The researcher collected some of the information by observation of the groups.

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Sampling Method

As the tribal workers are settled at groups in specified areas, it was very easy for the

researcher to identify the sources from one group. Accordingly a target population of 150 families is

found to be residing in 3 different locations of Neyveli. One third of the family target population is

taken as sample size under random sampling method. 50 numbers of units is taken as sample for the

study. Structured close-ended interview schedule in regional language Tamil is pre tested to find out

the validity among 10 sample population in random. Necessary changes were incorporated in the

questionnaire after it was pre tested among the above said 10 respondents. The data collected through

the schedule is tabulated and statistical tools were applied to analyze the data in scientific way. The

present study is based on both primary and secondary data. The secondary data were collected from

the published books on tribal labour and E resources. Statistical tools like percentage analysis, Chi

square Test were employed to enrich the study in a logical manner.

Findings of the study

Majority of the respondents are found to be illiterates not attended school. 42 of the

respondents are self employed. 79 % of the respondent spouses are also self employed in rag picking

and some people engage themselves as pig and cow herd workers. The tribal men and women do not

possess any specific skill except catching the poisonous snakes. Around 6 % of the respondents still

depend on snake charming which fetches an income range from Rs 75-100. Tribal labourers do not

possess awareness on many issues including Government welfare schemes. The mean age of the

respondents are found to be 36.4. All the respondents are migrated from elsewhere to Neyveli and

have encroached the area belonging to the Government and are residing in the huts unauthorisedly. As

their huts are constructed in the Government lands they are reported to be repeatedly evicted by the

Government officials under the provisions of the Public Premises Eviction of Unauthorized

Occupants Act, 1971. It is observed from the study that the tribal people are often evicted without any

statutory notice.

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The huts are not electrified. Water supply was not found and the respondents have to go

depend up on the Rehabilitated Srilankan refugee settlement camps for water. Social exclusion by the

natives of nearby villages and even srilankan refugees brings their human rights under bottleneck.

Basic amenities like latrines and bathrooms are totally absent. The Right to shelter and the Right to

Life which includes Right to life with dignity guaranteed by the constitution have not altered the

innocent tribals. Even for water they depend on other areas dominated by the upper caste and other

ethnic groups. The sad state of affairs is that they remain as unprotected and uncared section despite

being an Indian by birth. The Tribal workers and their families reside in the dangerous dwellings

without power supply. Many instances of deaths of due to bite of poisonous insects and reptile were

also reported among the workers and their wards. The tribal men workers work as casual workers in

construction sector, rag picking, and 13 % workers work with their spouse and children below the age

group of 13 in construction sector. The unorganized employments in Neyveli provide employment

opportunity to schedules tribe workers. Absenteeism on the part of the S.T workers on account of

alcoholism, illness arising out of their nature of works otherwise occupational diseases disables them

to attend regular work under a same employer. They frequently change their employers on their own.

They content with the day’s income and never thought of their next day. They borrow money from

employers and are required to pay higher rates of interest. 69 % of the Scheduled Tribe workers are

yet to repay and clear their loans and borrowings. 72 % of the S.T workers are using Cycles and 3 %

of them are blessed with mopeds .43 % of the S.T workers are required to travel more than 10

kilometers for their works. 74 % of the S.T Women workers engage themselves in self employed

work category and their area is restricted to 10 kilometers from their place of residence. 77 % of

women workers walk with their baggage’s and temporarily store the sacks of gatherings in one area

and later collect them.

Of late the tribal workers started sending their wards to schools. However they are not

showing much interest in the education of their children. Many of the girl children are also helping

their mothers in picking the rags for additional money. The average pay of the respondent per day

remain Rs 150/-while their spouses earn at least Rs 100/- a day. Around 60 % of the respondents had

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been receiving the commodities like rice from the Government owned Ration shops with their cards.

The remaining 40 % of the respondents are yet to get their ration cards despite repeated application at

regular intervals. The presents ration cards were issued ten years back by the Government authorities.

Only 24 % of the respondents are engaged themselves in their traditional works. Among them

majority are engaged mainly in catching the snakes on call from the consumers. The respondents

earnestly admit that they get even Rs 500/- per snake if the call is emergency from the public in times

of need.

Due stiff implementations of the Wild Life (Protection) Act, 1972 their traditional work of

snake catching for money is affected and as result many of them turned away to other jobs like Cow

and Pig herd .Many of them are also seen in the butcher shop engaged for killing and cleaning the

animals for food. As the respondents are under intermittent employment they are not aware of the day

of the rest and rest intervals. Minimum wages payable to the tribal labour are totally denied by the

employers.

Social security measures are distant dream for the respondents. There are no provisions for

the traditional tribals for the enrolment as beneficiary under the provisions of The Tamilnadu Manual

Workers (Regulation of Employment and Conditions of Work) Act, 1982. The tribal people are

deprived of their legitimate right of receiving the S T community certificate from the revenue

authorities. Many hunger strikes and rally were conducted to register their protest ended in vain. The

stand of the Government is also seems to be genuine to avoid the claim of bogus certificate. Many

such cases of claims of bogsus certificate were reported to have been eliminated in the application

stage itself by the revenue authorities. In order to provide the fruits of the reservation to the genuine

tribes the Government is very strict in issuing the ST community certificates in cuddalore district.

However the respondents have migrated from elsewhere from other district may not be known to their

native district as they do not have immovable property like lands or houses. In this situation even the

native district view respondents like alien and refuses to consider their legitimate claims. The wards

education is greatly affected. None of the wards of the respondents crossed the school stage.

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Their legitimate Right to Development enshrined in the International Instruments on Human

Rights is greatly affected. While at one end elite group and their families are climbing the ladder to

the highest positions through the provisions of the reservations of ST are enjoying the constitutional

provisions. Lack of awareness imposed up on the part of the respondents by poverty lead a life

without any ambition. Their life style is unique. The hard earned money is spent lavishly. In the

evening the respondents drink the liquor with their spouse and engage in singing songs. Family

planning and importance of the maternal health of women is not paid much attention.

Traditional methods of abortion are also resorted to by the elderly women. The child death

rate during pregnancy though seems to be less but the dreaded diseases like TB is found high among

the respondents. As the respondents are frequently changing their employers as their work itself is

casual in nature, there is no permanent employer and employee relationship. As a result their rights to

certain benefits under various labour legislations are not favorably considered by their employers. The

respondents have not registered their name as beneficiary under the provisions of unorganized labour.

The respondents are seen only as “Tribal people” but not as tribal labour. It is need of the hour to

change the perception of the Trbal people as Trbal Labour to improve their socio economic

conditions. During the data collection many of the respondents with desperate heart and tears on their

eyes reported that they are disadvantaged of the Colour television sets while same has been issued to

others in the same locality except them. Domestic Violence like wife beating is very common.

Divorce and separation are decided by the head of the group and not by any laws of land. The

divorced or separated women continue to live in the same groups as separate family or with the

parent’s family. Adultery is also very common. However no case of HIV / Aids is reported from the

Tribal workers. With an average monthly income of Rs 8000/-many of the respondents lead a life in

the small huts with big question of eviction. The Tribal woman who engages themselves in rag

picking is often interrogated by police personnel and are subjected to harassment .Sexual harassment

Their gloomy faces during the data collection really revealed the distresses conditions more vividly.

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Recommendations

1. The trade unions, Non government organizations and the Government have to initiate

appropriate steps to spread the awareness on various provisons of the welfare applicable

to the tribal workers who are engaged in the unorganized employments. The Government

of Tamilnadu shall consider the Tribal labour for allotment of 2 acres land on priority.

Basic amenities like water, electricity, toilet facilities are to be extended to the

respondents. The respondents are to be provided community certificate by the revenue

official after proper enquiry. The Tribal Labourers are often evicted without prior notice

by the enforcement authorities who cause loss of the property and affects the mental their

health. Hence appropriate instruction is issued to the authorities to adhere to the

provisions under due process of Law. The respondents are legally entitled to receive the

free colour televisions set of the Government of Tamilnadu were denied the same for

some reasons while the same has been issued to the native people of Sorathur village.

Hence the Government has to supply the said colour television set due to the Tribal

labourers family. The tribal labourers family has been residing in the same locality for

more than 2 decades but still 77 % of the respondents are not issued the ration cards. The

Revenue officials are to consider the request of the respondents on merit and issue the

same immediately as majority of the respondents are below the Poverty line. The

Government of Tamilnadu has been administering many welfare schemes aimed at

improving the socio economic conditions of the depressed people. Many

samathuvapurams stands as shining examples. But these Tribal groups still remain

without water and power for many years in the independent India. It is the time for the

government to consider the poor tribals workers for providing allotment of houses on

priority. The changing nature of the employments due to stiff enforcement of Laws lead

the respondents to seek alternate employment but due to lack of awareness are exploited

and their legitimate legal rights of minimum wages, working hours, equal wages, are

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violated in many forms. Hence a creation separate cooperative employment society under

the supervision of the Government officials exclusively to be appointed for the tribal

welfare could bring better results. There are many NGO working for the up-liftment of

the distressed people. But none of the NGO’s are concerned with the inner realities of the

tribal women engage in rag picking. Many self employed tribal women engaged in rag

picking are repeatedly harassed by the police and public. The NGO’s can help in

overcoming the problems faced by the women.

Conclusion

The conditions of Tribal workers in Neyveli are found to be pathetic. Majority of the respondents are

illiterates and their traditional work of snack catching, snake charming and collecting herbal leaves in

the forest area are now disturbed by strict enforcement of laws. The Government had enacted much

legislation to protect the Human Rights of the Tribal Workers. As majority of the workers are

illiterates they are not aware of their legal rights and as a result their employers in many ways have

exploited them. The Tribal Laborers are un-organized workers. It become easy for the employers to

get rid of various legal obligations required to be performed statutorily under various Acts. The legal

rights of Tribal workers are violated in many forms. The conditions of ST workers in unorganized

sector thus need the immediate attention of the government, employers, trade unions, N.G.O‘s, and

mass media. Insecurity of tenure and fear of eviction from the Government lands where they have

lived and thrived for generations are perhaps the biggest reasons why tribal communities feel

emotionally disturbed and mentally weak in approaching their problem with courage through

organized effort. Special steps have to be taken by the Government to promote welfare and

development of Tribal Labourers and their families in Neyveli.

Reference

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1. Basu, Salil. 1999. Dimensions of tribal health in India. A lecture delivered at National

Institute of Health and family welfare .New Delhi

2. Dube, S. (1997). Tribal Heritage of India, Vol. 1. New Delhi: Vikas Publishing House.

3. Ghuryw, G.S. (1980) The Scheduled Tribes of India. New Brunswick, New Jersey: Transaction

Publishers.

4. Greenfield, Richard (1981) “The Human Rights Literature of South Asia”. Human Rights

Quarterly 3(3):129-139.

5. Mamoria, C.B. (1958) Tribal Demography in India. Allahabad: Kitab Mahal

6. Sen, A. 1984. Poverty and famines. New Delhi, Oxford University Press

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9. Sharma,S.R (1997) labour Welfare and social Security, Anmol Publications, New Delhi

10. Singh, K.S. (1982b) Economies of the Tribes and Their Transformations. Delhi: Concept

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