Lockdown | SabrangIndia News Related to Human Rights Mon, 09 Jan 2023 05:46:46 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Lockdown | SabrangIndia 32 32 Food, Housing, Health- limitations of post Covid-19 Migrant workers’ related policies https://sabrangindia.in/food-housing-health-limitations-post-covid-19-migrant-workers-related-policies/ Mon, 09 Jan 2023 05:46:46 +0000 http://localhost/sabrangv4/2023/01/09/food-housing-health-limitations-post-covid-19-migrant-workers-related-policies/ A close look at some of governments post pandemic policies for migrants reveals that key structural exclusions in the labour codes, the one nation, one ration card (ONORC) and PMAY schemes threaten serious exclusions

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Covid 19
Image Courtesy: economictimes.indiatimes.com

Given the return of Covid-19 in China, and concerns of repeat of the situation we faced in 2020, it becomes important to understand what kind of legislative elements India has to deal with the pandemic related changes.

Migrant Workers are an essential element in the journey of India from an agriculture-dependent country to a manufacturing and service sector dependent country. Whether this transition is sustainable and viable is subject matter of an alternate debate. In a diversely populated country, however, worker migration is a by-product of the mode of development chosen and promoted without necessarily adequate deliberation, since the most impoverished (and often deliberately displaced) sections of the populace moves to “developing regions” to make a living. It is of course a different debate that this development is itself skewed, unsustainable when it comes to environment and climate change –therefore often not holistic – and disproportionately concentrated both geographically and sectorally.

India saw one of the most serious migrant worker crises during the 2020 Covid-19 lockdown, where migrant workers in different parts of the country were abandoned by government and simply could not find the means to travel to their hometowns and villages. They were forced by an unconcerned and apparently paralysed state machinery to simply walk hundreds, thousands of miles (kilometers)  to their homes. Since then, different programmes have been initiated by governments, geared to address the concerns of  migrant workers. The results of the implementation of these schemes is yet to be seen but this article provides a brief overview of these recent policies, aimed at protecting migrant workers. The scope of this article is limited to the themes of health, housing and food security for migrant workers.

New Labour Codes

Before going into the schemes as above, it is important to note that the new labour codes passed by the centre does have a major detrimental effect on the rights and livelihoods of migrant workers: this is because the chapter on interstate and migrant workers under the Occupational Safety, Health and Working Conditions Code, 2020 specifically (almost deviously it would seem) excludes any obligation on establishments that employ less than 10 workers. With 70% of the establishments in the country employing less than 6 people according to the Sixth Economic Census 2013-14, a majority of the establishments have been wilfully excluded from this act thereby snatching away, at the inception whatever protections that are enshrined in the act. In addition to this structural exclusion, the E-shram portal that has been launched by the government aims to record the data of the unorganised workers including migrant workers, construction workers. This measure, the government hopes will give it the required data to make preparations whenever required for the purpose of providing assistance, support and protection to migrant workers.

Food Security

One Nation One Ration Card

In a bid to extend the public distribution system to unorganised workers who are in different cities, the government had launched this scheme, even before the pandemic. This scheme allows workers, particularly migrant beneficiaries, to claim either full or in part food grains from any Fair Price Shop (FPS) in the country through existing ration cards coupled with biometric/Aadhaar authentication in a seamless manner. The system also allows their family members back home, if any, to claim the balance of food grains on the same ration card. The implementation of ONORC was initiated in August 2019.

A prima facie concern about this scheme –publicly expressed– is that the digitisation of the records means that for those who do not have the respective digitisation i.e, Aadhar card or a smartphone, stand excluded. The scheme is therefore, at its inception, exclusionary. A survey also found that the transactions in a different city or a state were being denied 4x (multiple-fold) more than at their registered centres. [1]

A recent study has also found out that not all ration shops are equally attractive (or accessible) to migrant workers. Only 8% of fair price shops conducted 80% of the transactions involving interstate migrants. This skewed reality exists much less for transactions in Delhi.[2]

Health

In the health sector, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 necessitates that the contractor who is employing the interstate workmen to provide for the prescribed medical facilities to the workmen, free of charge. It is however a very volatile paradigm to rest the whole health of the inter-state migrant workmen on the contractor.

That is before the controversial Occupational Safety, Health and Working Conditions Code, 2020, the health and working conditions of the workplace i.e., the responsibility to maintain the working conditions and protect the health of the worker, is vested almost or entirely, on the contractor or the principal employer, another relatively volatile assumption or paradigm.[3]  Various disparities exist, both health and financial, migrant workers experience financial stress to meet the expenses of the healthcare burden. Although the access to health insurance increases the access to health care and decreases financial stress, the reach of the insurance schemes is very low.[4] A legal regime that places responsibility on one agency or one entity so that healthcare access can be streamlined is unrealistic. The basic responsibility of the State in this crucial sector, is conveniently avoided.

Since migrants go to new places within  an alien state, depending on the work they do, the importance of the infrastructure for them is not recognised as well. For example, there have been studies that flagged the lack of infrastructure for defecation and the consequent open air defecation leading to unhygienic living conditions and diseases. [5]

Housing

A survey in Ahmedabad and different construction workers who live on site has found that there are no places for decent living and sanitation, drinking water and other water sources. It was also found that open defecation exists and is prevalent in the sites.

The Pradhan Mantri Awas Yojana (PM-AY) has been promoted as India’s “biggest” housing policy initiative, with a goal to provide 20 million affordable housing both in urban and rural areas. Under the scheme, government-funded housing in the cities have been converted into Affordable Rental Housing Complexes (ARHCs) under the PPP mode through concessionaires. This is also the first scheme where segregation amongst the urban poor and migrant workers (as different classes of population) has been made.

The affordable housing rental complex (AHRC) scheme acknowledges the needs of mobile workers who spend short periods of time in the city and do not seek permanent housing.

Model 1 of the scheme that relies on the retrofitting of vacant public housing, and will, arguably, add a mere 88,236 units of rental supply, nationwide. The demand for affordable and secure rental housing would likely be several lakhs in each metropolitan city in the country. To meet this, the ARHC would need to expand its ambit considerably. The provision of public land and fiscal incentives could entice developers to sign up for Model 2 of the scheme, which is currently totally unattractive for the private sector. Bringing small-scale housing entrepreneurs who are currently supplying informal rental housing into the scheme through tenure regularisation, financing support and technical assistance programmes is another way to expand the reach of ARHC.[6]

Conclusion

The section of migrant workers that is often overlooked by the state government since they do not form the electorate and therefore, the implementation of policies for migrant workers become hard. Therefore, firstly it is important to create coordination between state and central governments with respect to the implementation of any schemes.

An over emphasis on digitisation to enable availing of schemes is especially exclusionary in the current scenario.

Related:

Migrant Diaries: Tinku Sheikh
Migrant Diaries: Dilip Rana
Migrant Diaries: Mohammed Jamaluddin
Migrant Diaries: Sagar Ali
Mr Prime Minister, Please save lives!
Pictures of labourers’ migration may be the future of India’s farmer: SKM
Migrant workers’ journey home remains a challenge, shame on the gov’t!
The Deaths of Migrant Workers in India 
Covid-19 Lockdown: Migrant workers begin to leave city in a painfully long walk home
India’s workforce demands fiscal support following the second wave of Covid-19!

 


[1]Derrek Xavier, Addressing the gaps of the One Nation One Ration Card scheme

https://timesofindia.indiatimes.com/blogs/developing-contemporary-india/addressing-the-gaps-of-the-one-nation-one-ration-card-scheme179075/

[2] Sarthak AgrawalArchana Agnihotri

Food Security for Interstate Migrants- An Empirical Analysis of the ONORC, Vol. 57, Issue No. 51, 17 Dec, 2022

[3] Section 60, Inter State Migrant Workers, Occupational Safety, Health and Working Conditions Code, 2020.

[4]Bhoi S R, Joshi S H, Joshi A (October 31, 2022) Out-of-Pocket Health Expenditure Among Migrant Workers in India: A Narrative Review. Cureus 14(10): e30948. doi:10.7759/cureus.30948

[5] Divya Balan, Health and Safety of Interstate Migrant Workers in India during Covid-19: Inadequacy of the Labour Laws

https://grfdt.com/PublicationDetails.aspx?Type=Articles&TabId=10129

[6] Mukta Naik, India’s home rental programme for migrant workers needs more nuance and ambition, https://indiahousingreport.in/outputs/opinion/indias-home-rental-programme-for-migrant-workers-needs-more-nuance-and-ambition/

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Almost 2 lakh undertrials languishing behind bars since the outbreak of Covid-19! https://sabrangindia.in/almost-2-lakh-undertrials-languishing-behind-bars-outbreak-covid-19/ Thu, 05 Aug 2021 10:30:42 +0000 http://localhost/sabrangv4/2021/08/05/almost-2-lakh-undertrials-languishing-behind-bars-outbreak-covid-19/ A total of 1,29,179 undertrials have been granted interim bail or parole since the first lockdown in 2020

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PandemicImage Courtesy:indianexpress.com

During the ongoing Monsoon Session of the Parliament, the Law and Justice Minister Kiren Rijiju, has provided some shocking statistics about jail inmates and those prisoners who were granted bail at the time of the first and the second wave of the Covid-19 pandemic.

With the outbreak of Coronavirus, the Supreme Court had taken suo motu cognisance of the conditions in jails and had directed the States to file responses about the methods adopted by them to decongest prisons (In Re: Contagion of Covid-19 virus in prisons, Suo Motu W.P No. 1 of 2020). On March 23, 2020, an SC Bench had observed that the issue of overcrowding of prisons is a matter of “serious concern” and said, “Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled.”

Subsequently, it had directed all states and Union Territories (UT) to constitute a High-Powered Committee (HPC) comprising of the Chairman of the State Legal Services Committee, the Principal Secretary (Home/Prison) by whatever designation is known as, Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for some period of time.

In his written statement dated August 4, Law Minister Kiren Rijiju has revealed that during the lockdown from March to May 2020, a total number of 58,797 undertrial prisoners and 20,972 convicts were released on interim bail/parole on recommendations of the HPC or through efforts of Legal Services Authorities.

Further, during May 2021 to July 15, 2020, as many as 20,593 bail applications were filed before different courts on the recommendations of Undertrial Review Committee which consequently led to the release of only 9,237 prisoners. In addition to this, the Law Minister’s written answer also revealed details about undertrials who have been released from jails after the second wave hit India. “92,593 prisoners including 70,382 undertrial prisoners have been released after the emergence of the second wave of Covid-19,” read the response submitted before Parliament.

As per the latest National Crime Records Bureau (NCRB) data, that compiles prison statistics reported to it by states and UTs, and publishes it in its annual report “Prison Statistics India”, Indian prisons housed a total of 3,30,487 undertrials as on December 31, 2019.

Relying on the statistics provided by the government and collated by NCRB, a rough total of 1,92,125 undertrials have continued to languish in jails, against 1,38,416 inmates who have been released on parole/bail over the last one year.

The pandemic, especially the second wave has exposed the inhuman and unsanitary conditions of jails across the country. On April 16, the Bombay High Court had taken suo motu cognisance of the surge in Covid-19 numbers in prisons where close to 200 prisoners had tested positive for the virus across all 47 jails in the State, reported SabrangIndia. The High Court had also directed the government to vaccinate all accused persons above the age of 45 years immediately after their arrest.

In April 2021, People’s Union for Democratic Rights (PUDR) had written to Chief Justice DN Patel of the Delhi High Court about the worsening conditions in the prisons, in view of the virulent second Covid-19 wave. The letter had revealed that at the time, 67 active cases of Covid among jail inmates and eleven among jail staff, including a jail superintendent and two prison doctors had been reported. Overall, around 200 prisoners and 300 staff members had tested positive across Delhi jails and there had been very little reporting of the status of health of inmates over the past one week.

Citizens for Justice and Peace (CJP), had even written to the Chief Minister of Maharashtra, Uddhav Thackeray, on two occasions, about the deplorable conditions of prisons, requesting him to recommend the release of all Bhima Koregaon accused undertrials to the HPC, after learning about their ill health.

Mahesh Raut, Sagar Gorkhe and Ramesh Gaichor had tested positive for Covid-19 after an RT-PCR drive was conducted at Taloja in early June this year. Professor Hany Babu, who had also tested positive for Covid-19, had to be shifted to Breach Candy Hospital for treatment of his severe eye infection. His family members had revealed that he did not even have access to clean water to nurse his infected eye. Varavara Rao, who is out on bail, had also contracted Covid in jail last year.

Covid-19 also did not spare the last and the oldest person to be arrested in the Bhima Koregaon case, Father Stan Swamy, who died on July 5, in Holy Family Hospital.

The Law Minister’s complete answer may be read here: 

Related:

Release remaining Bhima Koregaon accused: CJP writes to Maharashtra CM
Bhima Koregaon case: 3 accused test Covid positive at Taloja jail
Transfer Hany Babu to Breach Candy hospital by tomorrow: Bombay High Court
Covid-19: Bombay HC directs State to vaccinate accused persons above 45 years upon arrest
Bombay HC takes suo motu cognisance of Covid surge in prisons
PUDR writes open letter to Delhi HC’s Chief Justice over Covid surge in prisons

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Beyond Pride Month: Where is the commitment to Equal Rights? https://sabrangindia.in/beyond-pride-month-where-commitment-equal-rights/ Sat, 10 Jul 2021 11:56:57 +0000 http://localhost/sabrangv4/2021/07/10/beyond-pride-month-where-commitment-equal-rights/ LGBTQIA+ community in India suffers even more in wake of Covid-19, and doesn’t have any real support system to protect the vulnerable

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Image Courtesy:bsr.org

After the Pride Month celebrations concluded at the end of June, and public relations driven glitzy corporate campaigns came to an abrupt end, the Lesbian Gay Bisexual Transgender Queer Intersex Asexual + (LGBTQIA+) community in India was pushed back into its dark reality. The community’s plight was exacerbated by the Covid-19 induced lockdown. In this piece, we try to highlight certain issues that remain inadequately addressed and in urgent need of a sustainable solution.

LGBTQIA+ persons in India

Multinational research firm Ipsos released report on LGBT+ Pride 2021 Global Survey conducted between April 23 and May 7, 2021. The survey was conducted as a 27-market survey conducted through interview on a sample of 500 individuals in India. The report shows that 3% of the Indian Population identify as homosexual (Including Gay and Lesbian), 9% identify as bisexual, 1% identify as pansexual and 2% identify as asexual. Totally, 17% identify as not heterosexual (excluding ‘do not know’, and ‘prefer not to answer’)[1]. It is however noteworthy that the people were interviewed online, and therefore the respondents are likely to be educated, and having at least a certain amount of financial power. Therefore, it is difficult to gauge the responses of people in the hinterland, those who lack internet access or the unlettered.

Connection with community cut off

Over time, members of LGBTQIA+ individuals have built spaces for themselves outside of their natal homes due to prejudice and abuse by family members. For some members of the queer community venturing outside of home and interacting as a collective is important for accessing safe space and even livelihood. However, the very nature of the Covid-19 lockdown restricts this access. The government’s negligible attempts at aiding the queer community have amplified the difficulties and abuse that they have had to face due to the pandemic.

Forced return to abusive biological families

Several individuals who are queer form a chosen family or a community space for themselves outside of home, be it in college, professional spaces or through support networks. A number of queer individuals who have been forced to return to their biological families have faced unprecedented abuse or discomfort due to the need to behave in a hetero-normative fashion in their homes.

At home, many individuals are unable to express their identity, use their preferred pronouns, prohibited from dressing according to their choice. The very existence of their identities is denied and even suppressed due to the prejudices of the natal families, this can cause dysphoria and grave mental distress. While there have been government initiated helplines for mental health during lockdown, no such helplines were formed to address the suffering of queer individuals. There are also queer individuals who have been unable to return to home because their home situations are extremely volatile or have been disowned by their families for being queer.

Impact on livelihood, and ability to access justice

For queer individuals who live on their own and have entered the workforce in India, there have been various difficulties. Several members of the transgender community in India rely on alms or professions such as sex work, which require social interaction. Moreover, as activist, professor and transman Bittu, points out, “Several transmen who work in itinerant forms of labour such as in roadside dhabas, trucking, driving cabs have also lost their sources of livelihood as these professions have been shut down during the lockdown.”

There is also disparity within the queer community. For instance in Lucknow there is a system of badhai which is earned by members of the Hijra community from public spaces. This system itself is unequal as 80% of their earnings have to go to the gurus of their gharana. “When individuals ventured out to earn badhai they were brutally beaten up by the police or asked for sexual favours,” Ritu a transwoman from Lucknow shared. She also pointed out that the distress caused by the pandemic has led to an increase in violence within the community itself. However, reporting any violence between members of the queer community to the police is difficult due to their prejudice. Ritu shared an instance when she went to the police in Balaganj thana in Lucknow with a queer friend to report abuse and the police officer derogatorily said, “The current times are so dismal that now we have to address cases of ‘these’ people.”

There have been various cases where the police have denied fair investigation into the violence against transgender individuals. For queer partners, reporting cases to the police, has always been a difficulty as their relationship and identity is denied at every level by their families, the society and even the officials.

Exclusion of transgender persons

A transwoman activist from Telangana, Rachana, highlighted, “The violence within the community and against the community is a result of the systematic exclusion and discrimination of transgender people, mainly that of welfare.” When the loss of welfare was emphasised by the pandemic, there was little questioning of the lack of access to welfare schemes such as ration cards, housing, pension, healthcare, monetary schemes that prevails within the trans community.

A major obstacle in accessing such schemes comes from the poor documentation of trasngender individuals in the population census. Even schemes rolled out by the government were quite discriminatory, and did not recognise the right to self identification. Rachana further added that the national portal that was introduced by the government to allow transgender individuals to register themsevles in order to avail schemes focused on the binary identification of male-female and required doctor’s certification for identification.

These attempts by the government have been quite poor and at best superficial. In the first year of the lockdown, the government announced that they would provide a one time cash transfer of INR 1,500 and ration supplies. A trans woman activist, Meera Sangamitra said that according to their calculations “only 1% of the community received this transfer.” Although the estimated population of trangender community in India is 4.8 million, only 5,711 received cash transfer and and a mere 1,229 received ration supplies[2]. The idea of a direct cash transfer also makes little sense as a majority of the members of the community do not have bank accounts due to lack of documentation. This policy not only failed in implementation, but the fundamental thought behind the idea never took into account the situation of the transgender community in India in the first place.

Restricted access to healthcare

Access to adequate healthcare has always been difficult for LGBTQIA individuals, the advent of Covid-19 lockdown enhanced the problems. Loss of livelihood on one hand has limited options of nutritious sustenance hampering immunity of individuals during a pandemic. In hospitals transgender individuals often face discrimination which can create a mentally traumatic experience.

Rachana shared, “Several transgender individuals were turned away from hospitals on the claim that there was no space for them. Their symptoms were often dismissed as mild cough and fever.” She added, “While accessing healthcare several trans individuals are questioned about their chosen identity by doctors and medical professionals.” Ritu shared an experience of a transwoman friend who was told by a pharmacist in Lucknow, “There is already a shortage of medicine, let the common person survive, why do you need to live?”

Government apathy

The Central government has not taken any firm steps to lend support to the transgender community, although very few states such as West Bengal[3] have undertaken some policies, though even these are less than adequate. Additionally, the breakdown of the health infrastructure in the country has also made it difficult for some members of the transgender community to access their monthly hormone treatments[4]. These treatments are often important for individuals to deal with dysphoria which can cause grave mental stress, and regular access to doctors during their treatment is important for their health. Owing to the mental stress caused by the society, personal dysphoria and government’s insistence for surgery for identification several transgender individuals have gone to quack doctors to undergo surgery, Rachana added. Although this has been a prevalent practise in the Hijra community, it increased during Covid-19 when scheduled surgeries could not take place. These surgeries are then conducted in unhygienic conditions often leading to problems such as Urinary Tract Infection (UTI). Rushing for these surgeries is a direct result of social prejudice which forces individuals to fit into a binary to prove their existence.

These policies by the government, or lack thereof, are indicative of their own prejudice and how they seek to deny the very existence of a significantly marginalised community. Queer individuals are penalised for being queer. The dismissal of queer identities only increased during the lockdown. This has led to abuse, mental distress and even loss of life. The systemic denial of existence of queer identities can also be seen in the larger field of medical research, where there has been a marked absence of data[5] on how individuals undergoing hormone treatment will be affected by the vaccination.

It is easy to paint a pride flag onto an organisation’s logo, but addressing the difficulties of the community which were magnified during Covid-19 will require a larger structural change, including one of consciousness. A thorough understanding of the pre-existing situation is imperative. Simply painting rainbow flags in advertisements and superficial governmental policies do not save lives.

 


[1] https://www.ipsos.com/sites/default/files/ct/news/documents/2021-06/LGBT%20Pride%202021%20Global%20Survey%20Report_3.pdf

[2] https://www.indiaspend.com/gendercheck/denied-visibility-in-official-data-millions-of-transgender-indians-cant-access-benefits-services-754436

[3] https://timesofindia.indiatimes.com/city/kolkata/west-bengal-transgender-covid-ward-comes-to-rescue-as-activist-gets-infected/articleshow/79147210.cms

[4] https://www.thehindu.com/news/cities/mumbai/covid-19-lockdown-transgender-community-pushed-further-to-the-margin/article31265535.ece

[5] https://www.downtoearth.org.in/news/health/this-pride-month-the-lgbtqia-community-wants-to-talk-about-hea

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Maharashtra eases Covid restrictions using five-level unlock plan https://sabrangindia.in/maharashtra-eases-covid-restrictions-using-five-level-unlock-plan/ Sat, 05 Jun 2021 12:10:23 +0000 http://localhost/sabrangv4/2021/06/05/maharashtra-eases-covid-restrictions-using-five-level-unlock-plan/ While government officials divided districts into five levels as early as June 3, the categorisation will change weekly based on improving statistics

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Image Courtesy:indiatoday.in

Lockdown in Maharashtra will be relaxed in a five-level unlock plan based on positivity rates and occupancy of oxygenated beds in every district, announced the state government on June 4, 2021. Based on these elements, half of the state will have minimum restrictions from June 7.

As per the plan, the state’s districts will be divided into five levels with Level 1 having the least restrictions and Level 5 requiring a pass for inter-state travel on top of several other preventive measures. Local authorities are to issue due guidelines in their areas. 

During an earlier press conference, Relief and Rehabilitation Minister Vijay Wadettiwar divided the state into 43 regions for this reason. He explained that districts that enjoy less than five percent positivity rate and below 25 percent oxygen bed occupancy will be allowed to unlock at Level 1 fully with no restrictions. All restaurants, malls, salons, movie theatres, shops can open in these areas. Public transport will function regularly.

Meanwhile, districts with less than five percent positivity rate and 25-40 percent oxygen beds occupancy will come under Level 2. At this level, shops can reopen but malls, gymnasiums and other public areas will operate at 50 percent capacity. Buses and other transport will function at 100 percent capacity without standing passengers.

Similarly, districts with 5 to 10 percent positivity rate and more than 40 per cent oxygen bed occupancy will come under Level 3. In these regions, shops, salons, will be open till 2 PM and standing passengers will not be allowed in buses. It may be mentioned that accessibility of trains will be affected by the weekly positivity rate.

Districts with 10-20 percent positivity rate and more than 60 percent occupancy rate areas will be Level 4 and those with a 20 percent positivity rate and more and occupancy rate above over 75 percent will be Level 5 with all restrictions in place. The last two levels will have public transport working at 50 percent capacity.

Every Thursday the state public health department will declare the occupancy of oxygenated beds and positivity rate of every district. As for inter-district travel, there will be restrictions at Level 2 and 3 while Level 5 will require a travel pass.

Districts under different categories as of June 3 are:

Level 1

Level 2

Level 3

Level 4

Level 5

Aurangabad, Bhandara, Buldhana, Chandrapur, Dhule, Gadchiroli, Gondia, Jalgaon, Jalna, Latur, Nagpur, Nanded, Nashik, Parbhani, Thane, Washim, Wardha, Yavatmal

Ahmednagar, Amravati, Hingoli, Mumbai, Nandurbar 

Akola, Beed, Palghar, Ratnagiri, Kolhapur, Osmanabad, Sangli, Satara, Sindhudurg, Solapur

Pune, Raigad

All other districts. These will be marked as red zones.

Related:

Maha govt announces Rs. 5 lakh FD and monthly assistance for Covid-orphans
CJP approaches Maharashtra Gov’t for release of BK-15
No space to bury the dead in Maharashtra
Maharashtra: How are small businesses surviving new lockdown restrictions?

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SC quashes Sedition case against journalist Vinod Dua https://sabrangindia.in/sc-quashes-sedition-case-against-journalist-vinod-dua/ Thu, 03 Jun 2021 08:28:49 +0000 http://localhost/sabrangv4/2021/06/03/sc-quashes-sedition-case-against-journalist-vinod-dua/ It held that every journalist is entitled to protection under the Kedarnath judgment

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Image Courtesy:barandbench.com

The Supreme Court has quashed the Sedition case against journalist Vinod Dua registered at the Himachal Pradesh Police in connection with a video uploaded on YouTube last year criticising the Central government’s poor implementation of the Covid-19 lockdown.

Bar & Bench quoted the Division Bench of Justices UU Lalit and Vineet Saran saying, “We have quashed the proceedings and FIR. Every journalist will be entitled to the protection under Kedar Nath Singh (sedition) judgment.”

In this landmark ruling, the constitutionality of Sedition law was upheld but the 5 judge Bench also said that the offense of Sedition is constituted only when the words spoken have the tendency or intention to create disorder or disturb public peace by resorting to violence. 

However, the Bench rejected a prayer by Vinod Dua to direct that no FIR should be registered against any media personnel with 10 years’ experience unless cleared by an expert committee. The court ruled, “We have rejected the committee formation prayer since it will be directly encroaching upon the legislative domain. However, the FIR against Vinod Dua stands quashed”, reported B&B.

An FIR was registered against him based on a complaint filed by BJP leader Ajay Shyam after he made personal comments against Prime Minister Narendra Modi on his YouTube program titled “Vinod Dua show”.

He was reportedly booked under Indian Penal Code sections 124A (sedition), 268 (public nuisance), 501 (printing defamatory matter) and 505 (intent to cause public mischief). Dua was also charged for offences under the Disaster Management Act including spreading of misinformation and false claims.

According to LiveLaw, Ajay Shyam had alleged that Dua, in his YouTube show, accused the Prime Minister of using “deaths and terror attacks” to get votes. On June 14, 2020, the top court had granted Dua protection from arrest till further orders. However, it had refused to stay the ongoing investigation against him.

On the other hand, Vinod Dua had submitted before the court that lodging of FIR and coercive steps against him amounted to direct and brazen violation of his fundamental rights.

As per Bar & Bench, he also stated in his petition, “The Petitioner also made a reference to the politicisation of the army’s attack in response to the Pulwama Attack and usage of the same in the last elections. There was nothing in the video which could be remotely termed to be criminal.”

On the issue of this controversial provision and invocation of sedition, the Supreme Court is mulling interpreting the law, especially on its application to freedom of press. The court made this observation while granting protection to two news channels of Andhra Pradesh from coercive action as they were charged of Sedition, promoting enmity and making statements conducing to public mischief.

Justice Chandrachud said that if a TV channel says something, it cannot be termed as sedition, and that “some guidelines must be set”.

Related:

SC mulls laying guidelines for application of Sedition law on journalists
SC to consider Constitutional validity of Sedition law, issues notice

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Indian coronavirus variant classified as one of global concern: WHO https://sabrangindia.in/indian-coronavirus-variant-classified-one-global-concern-who/ Tue, 11 May 2021 09:40:39 +0000 http://localhost/sabrangv4/2021/05/11/indian-coronavirus-variant-classified-one-global-concern-who/ Named B.1.617, the mutation spreads more easily than other variants and requires further study stated the World Health Organisation

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Image Courtesy:reuters.com

With India reporting more Covid-19 cases than the rest of the world combined, a complete nationwide lockdown may be inevitable it seems. Many states and union territories across the country have already extended their local lockdowns, even though the Union Government is yet to indicate if a national shutdown is expected. India on Monday recorded over 366,161 new infections and 3,754 deaths, even though this was after a drop in testing over the weekend. The total national tally is now at 22.66 million, with a death toll of 246,116. Despite the comparatively ‘lower number of cases reported on Monday’, India’s new Covid-19 cases are reportedly higher than the combined total of all other countries.

Now the World Health Organization (WHO) has saidd the “India variant” has already spread to more than 30 countries, and states that according to “some preliminary studies showing that it spreads more easily.” Reuters reported that the WHO has said the coronavirus variant first identified in India in 2020 “was being classified as a variant of global concern.” According to the WHO this was based on preliminary studies that showed that it spreads more easily. B.1.617, it is reported to be “the fourth variant to be designated as being of global concern” and the other variants of global concern were first detected in Britain, South Africa and Brazil, stated the news.

Maria Van Kerkhove, WHO technical lead on Covid-19, told mediapersons, “We are classifying this as a variant of concern at a global level. There is some available information to suggest increased transmissibility.” According to Reuters, the WHO has said “the predominant lineage of B.1.617 was first identified in India in December” adding that an “earlier version was spotted in October 2020”. The variant is reported to have already spread to other countries, even though now travel to and from India has been restricted at various places, considering how the pandemic is evolving here.

The WHO has stated that more information will be made available soon and that “even though there is increased transmissibility demonstrated by some preliminary studies, we need much more information about this virus variant and this lineage and all of the sub-lineages”. According to WHO chief scientist, Soumya Swaminathan, who was also quoted in the news report studies are on in India to examine the transmissibility of the variant’s, severity of disease it causes, response of antibodies in those who have been vaccinated. She added, “What we know now is that the vaccines work, the diagnostics work, the same treatments that are used for the regular virus works, so there is really no need to change any of those.”

Meanwhile, WHO director-general Tedros Adhanom Ghebreyesus said that the WHO Foundation was also launching a “Together for India” appeal to raise funds to purchase oxygen, medicines and protective equipment for health workers. Speaking at the media briefing on COVID-19 on May 10, Ghebreyesus said the “Together for India” appeal will raise funds to “support WHO’s work in India, including the purchase of oxygen, personal protective equipment and medicines.” Ghebreyesus added that “the shocking global disparity in access to vaccines remains one of the biggest risks to ending the pandemic.” According to WHO data, “high-and upper-middle income countries represent 53% of the world’s population, but have received 83% of the world’s vaccines” and “low-and lower-middle income countries account for 47% of the world’s population, have received just 17% of the world’s vaccines.”

Ghebreyesus asked “all countries to develop and implement comprehensive and cohesive national plans, based on the 10 pillars of WHO’s Strategic Preparedness and Response Plan.” The end to the pandemic, said Ghebreyesus, depends on “how quickly and how fairly we vaccinate a significant proportion of the global population, and how consistently we all follow proven public health measures.” 

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Covid lockdown: Over 150 academicians voice migrant workers’ demands

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Covid lockdown: Over 150 academicians voice migrant workers’ demands https://sabrangindia.in/covid-lockdown-over-150-academicians-voice-migrant-workers-demands/ Mon, 10 May 2021 14:20:41 +0000 http://localhost/sabrangv4/2021/05/10/covid-lockdown-over-150-academicians-voice-migrant-workers-demands/ Observing the condition of India’s working class in 2020, a group of academicians reiterated in a list the various needs of migrant workers that need to be addressed in the face of an impending lockdown

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Image Courtesy:daily.jstor.org

Over 150 academicians, including ICTS-TIFR Professor Suvrat Raju and UMass Amherst Professor Jayati Ghosh, advocated for migrant workers’ demands for transport, wages, and accommodation in a statement addressed to the central government.

“We, the undersigned, strongly condemn the apathy shown by central and state governments with regard to the cause of toiling people of India, including millions of migrant workers, and urge them to take into account [the following points] before making hasty and callous decisions on lockdowns,” said the group members.

The group demanded the earliest introduction of special trains for migrant workers across different states and increased government buses to facilitate ease of travel for migrant workers, in light of 2020’s administrative failings. Despite the lack of restrictions on inter-state travel, the unavailability of train tickets has left many workers stranded. Additionally, private bus tickets are being sold at exorbitant rates.

Members like Alok Laddha argued that every state government must ensure that monthly wages prior to the lockdown are paid in full and that stranded workers continue to be paid as long as lockdown continues.

Similarly, state governments and industries must arrange for accommodation of those workers who will be or have been left unemployed due to lockdown and closure of factories. Officials must make every basti aware about the seriousness of the disease and provide free vaccines to all, including out-of-state migrants.

“MGNREGA is likely to be a lifesaver for the rural economy in the coming months and we urge the government to immediately increase MGNREGA spending and clear all the previous dues to the state governments. Without this, a large section of the rural population will face indebtedness and starvation,” said the statement.

Experts also demanded that Public Distribution System (PDS) rations should be made available to all the citizens in need, irrespective of their state of residence and possession of identification documents.

Raju, Ghosh and others agreed that much like last year, informal workers have been left to fend for themselves in 2020. A second lockdown-induced migration is underway, with workers in Maharashtra, Delhi, Bangalore, Chennai and many other areas trying to return to their hometowns.

“It is clear that no lessons have been learned over this past year, and the same mistakes are being repeated by those in power. The Government of India has been woefully underprepared for the second wave of Covid-19. The resulting misgovernance is precipitating the announcement of partial or total lockdowns in various states to break the chain of infections,” it said.

Elaborating on last year’s failures, the members said the government disappointed in three respects: 

  • free, accessible transport in time for migrant workers which led to a mass exodus on foot in the harsh Indian summer costing many lives; 
  • policies that were to support workers such as MGNREGA, PDS and direct cash transfer scheme PMGKY; 
  • the government’s subsequent decision to open-up the country when the first wave was peaking resulting in a mass re-exodus, rendering its own viewpoint on the lockdown void. 

The subsequent “amendments to the labour laws” put them at the mercy of their employers thus endangering the already socially and financially insecure migrant workforce.

In 2021, the situation is even more grim as the disease has well and truly spread over rural areas. Reverse migration of workers from cities will put an incomprehensible burden on the rural economy and healthcare facilities which, as reports from states like Bihar indicate, are already on the verge of collapse.

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Maharashtra: Think of lockdown after-effects, not just vaccination, says the Jan Arogya Abhiyan https://sabrangindia.in/maharashtra-think-lockdown-after-effects-not-just-vaccination-says-jan-arogya-abhiyan/ Tue, 20 Apr 2021 11:05:04 +0000 http://localhost/sabrangv4/2021/04/20/maharashtra-think-lockdown-after-effects-not-just-vaccination-says-jan-arogya-abhiyan/ The NGO recommends increased taxes on corporates and India’s richest one percent members for a COVID-response fund.

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Rather than a mini-lockdown, cash transfers of Rs. 1,000 per person to vulnerable sections, food distribution centres for unorganized workers must be implemented, said NGO Jan Arogya Abhiyan Maharashtra April 19, 2021 in a press release.

While a partial lockdown was required to curb the rise in Covid-19 cases, the organisation argued that the state government now has a responsibility to protect the vulnerable population from the ill-effects of the lockdown.

“To meet such expenses, governments should raise additional funds through progressive taxation. While the central government must use its powers to increase taxes on large corporates and the richest one percent of Indians for a COVID-response fund, state governments can increase excise and similar taxes to support COVID-relief measures,” said the NGO in a bid to strengthen primary health care and call for adequate rise in health budget.

Further, regarding healthcare it argued that vaccinations cannot resolve the immediate problem of acute shortage of hospital beds. About 60 to 80 percent of people develop protection from Covid-19 after two weeks of the second dose. This means that people vaccinated with the first dose in April will only be protected after May 15. Moreover, even though vaccination keeps people from ending up in dire situations like death, it can only partially reduce virus transmission.

“All vaccinated people must continue to use masks even after doses… overall vaccination is not an immediate counter to the explosive rise in cases and need for hospital admissions,” said members while condemning the inhuman demand of the Indian Medical Association to deny ration to non-vaccinated persons.

In light of all this, the Jan Arogya Abhiyan recommended simplifying the vaccination registration process for the unlettered population and unorganised sector workers, who should be vaccinated on priority. Similarly, yellow or orange ration card holders must get free vaccines at government expenses in private hospitals as well.

The government should also organise a coordination committee of working class and other social organisations at various levels so that measures can be planned and executed. At the same time, the National Rural Employment Guarantee Scheme must be re-activated and expanded to cover urban areas also.

As for rural areas, members suggested a recommencement of ‘Corona Committees’ consisting of health staff like medical officers, PHC-nurses, ASHA, anganwadi workers and staff from other departments like gram panchayat members, gram-sevak, police-patil, gram panchayat, NGO workers and the village school principal.

“This helped a great deal in effective coordination among various constituencies and implementation of various steps for epidemic control. Now non-health staff is not involved at all; all the work is being carried out only by the health-staff,” said the NGO.

Further, health staff must be allowed dialogue with higher officials, especially considering rural hospitals have an acute shortage of experts especially in Marathwada, Vidarbha, and Konkan area.

“Hundreds of doctors graduate from government medical colleges in Maharashtra every year, all of these have all signed a bond with the government to serve in govt facilities for two years. So there is no dearth of doctors in Maharashtra public health services,” said members in the press release.

Another pressing problem highlighted by the NGO is the lack of fully functional Covid-beds in sub-district hospitals and below. Each PHC must have 20 fully functional oxygen beds, said members. Likewise, all ambulances must be made fully functional as opposed to the current functioning of 25 percent ambulances in the state.

Lastly, the Jan Arogya Abhiyan recommended vaccination camps in different villages along with transport for vulnerable groups such as women and the elderly.

 

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MACCIA threatens to keep shops open despite Maha govt’s Covid rules https://sabrangindia.in/maccia-threatens-keep-shops-open-despite-maha-govts-covid-rules/ Mon, 12 Apr 2021 07:39:12 +0000 http://localhost/sabrangv4/2021/04/12/maccia-threatens-keep-shops-open-despite-maha-govts-covid-rules/ While the apex body of state traders challenges state government’s Covid norms, other trade associations say they will wait for the state government’s response until April 14

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Image Courtesy:retail.economictimes.indiatimes.com

Nearly 800 trade and industrial associations of the Maharashtra Chamber of Commerce Industry and Agriculture (MACCIA) warned that they will open all shops on April 12, 2021 and defy the Covid-19 restrictions imposed by the state government. However, news website Rediff said that other prominent bodies such as the Confederation of All India Traders (CAIT) and Federation of Retail Traders Welfare Association (FRTWA) will not be participating in this decision of the MACCIA.

On April 7, Chief Minister Uddhav Thackeray held a meeting with various trade leaders and told attendees that the state government would consider their demands during Cabinet meetings.

Attendees such as FRTWA President Viren Shah told SabrangIndia that traders will wait until the state government announces a decision on April 14. Leaders hope that the administration will relax norms and allow shops to remain open on weekdays.

Earlier, the government issued state-wide restrictions such as closure of malls, multiplexes, markets and non-essential stores. Weekend lockdowns were also announced. However, this shutdown sparked huge uproar within the trade and hotel industries that foresee worsening economies if lockdowns persist.

Meanwhile, MACCIA Senior Vice President Lalit Gandhi told Rediff that members decided to keep stores open regardless of government decisions to avoid last year’s suffering. He mentioned that traders have already stocked goods for upcoming festivals and will incur huge losses if stores are not opened. He also stated that there is no “scientific basis for closing all commercial establishments.”

Others such as CAIT General Secretary Praveen Khandelwal said members will not defy state guidelines because it will be an “extreme and immature step to do so.”

On April 11, the state Press Information Bureau (PIB) declared 63,294 new coronavirus cases and 349 deaths. Citizens are advised not to casually leave the house, especially at night as the night curfew continues.

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Over 1,200 garment workers re-hired after heavy lay-off during lockdown: Karnataka https://sabrangindia.in/over-1200-garment-workers-re-hired-after-heavy-lay-during-lockdown-karnataka/ Mon, 15 Feb 2021 09:43:48 +0000 http://localhost/sabrangv4/2021/02/15/over-1200-garment-workers-re-hired-after-heavy-lay-during-lockdown-karnataka/ In a historic win for the trade union movement, workers from Gokaldas Exports Ltd now hope that the agreements and recognition given to their unions will result in speedier talks between employers and workers.

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Image Courtesy:timesofindia.indiatimes.com

Following several weeks of protest, over 1,200 Indian garment workers formerly fired by Karnataka’s H&M supplier during the coronavirus lockdown, will return to work, said Telegraph on February 14, 2021. The rehiring decision is considered a historic win for labour unions.

Garment manufacturer Gokaldas Exports Limited agreed to re-employ 1,257 workers, including many women, who were laid off when the company closed a factory near Mysore in June 2020, said two Indian unions and global federation IndustriALL. At the time, the company said that H&M order cancellations led to the factory’s closure. However, the giant brand denied this and stated that it paid for all products as agreed.

Union said the lay-offs were illegal under Indian labour law because Gokaldas’s management had not engaged with the state government before closing the factory, as per a December 2020 report by the legal research group Alternative Law Forum. They criticised the Indian manufacturer for “union-busting”.

In February 2021, the company signed an agreement with the organisations that allowed the Garment and Textile Workers’ Union (GATWU) to negotiate in any factory where at least 20 percent of workers were members. The document has not been made public yet.

Gokaldas, which calls itself India’s largest clothing manufacturer and exporter said on its website that it hires more than 25,000 people at 20 factories. It’s biggest buyer Swedish retailer H&M said the agreement was “positive” but declined further comment because it was not a signatory to the pact.

GATWU legal advisor Jayaram K. Ramaiah told Reuters that the agreement can set an example for other manufacturers. He praised the workers for protesting for several weeks.

“We want to take this beyond the present victory… to create a model factory and a harassment-free environment for all workers. This is just the beginning,” he said.

As per the agreement, laid-off workers will return to work in other Gokaldas factories by August. India’s multi-million-dollar garment industry employs at least 12 million people. However, it has faced scrutiny over the years for labour rights abuses and advocates fear the coronavirus pandemic can put further pressure on suppliers, leading to greater worker exploitation.

According to IndustriALL, the Gokaldas factory in question was the only one among more than 20 facilities which was unionised. In several garment-producing countries such as India, Cambodia and Myanmar, activists say factories used the economic fallout from the pandemic as an excuse to fire union members while keeping non-unionised workers.

In response to questions about the Gokaldas factory, a spokesperson for H&M said the retailer would continue to strengthen freedom of association in its supply chain.

According to the Centre of Monitoring Indian Economy (CMIE,) job recovery in the manufacturing sector continues to be modest even by January 19, 2021. The sector accounted for 40 million jobs in 2019-20. In the first quarter this dropped to 24.6 million jobs to 27.1 million jobs in the second quarter and then to 28.8 million jobs in the December quarter. The shortfall stands around 11.4 million jobs. The CMIE stated that every major manufacturing industry, except pharmaceuticals, employed less people in all three quarters of 2020-21 compared to the employment in 2019-20.

Meanwhile, of the hundreds of workers who protested for about 50 days after the mass firing, 50-year-old GATWU member Padma said that after a decade’s employment at the factory, the protests were “the most difficult I have ever been part of.”

Padma hopes that the recognition of their union will speed resolution to future issues through talks but stated that this issue should not have required such a long protest.

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