Stating that the State government has this way initiated the process of killing the institution of the internationally renowned Sampurnanand Open Air Camp (Jail), it demanded restoration of land back to the open camp now.

The PUCL is shocked at the allotment of 2.2 hectares (21,948 sq metres) of land of the 3.04 hectares  (30,400 sq metres) of the Sampurnanand Open Air Camp (Jail) In Sanganer, Jaipur to the Medical and health department for a Satellite Hospital. This act of the Jaipur Development Authority (JDA), which acquired it brazenly and the Government of Rajasthan (GoR) is a scandal. Of the 3.04 hectares, the open camp (jail) has now been reduced to approx 0.84 hectares (8452 sq metres), with more than two thirds of its land being snatched away.  This would take away, not only most of the houses, which the inmates have made themselves, but also the school, the anganwadi, the quarters, the office, the hall and other physical resources developed.

It is not the case of the PUCL to stop a public hospital from coming up in Sanganer. We are in full empathy of the trials and tribulations of the people of Sanganer, with a paucity of public health institutions in the area. The point is that the hospital must not be made by snatching the land of the open camp (prison).

On 10 December 2023, the PUCL had done some work in the open camp; there were 423 inmates, 400 males and 23 females. The total number of residents in the open camp (jail) on that day consisted of 633 people, which included the family members. This number changes. For instance, as of today 31st August, 2024 the total number of prisoners are 393, as several are out on parole. More than 200 have families and the total strength with families is 900 approximately presently (sometimes, complete families come and stay, otherwise, only a section comes, many times, the prisoner leads a lonely life with no family. In December, there were many single men and women).

Vulnerability of the open air camp prisoners emboldened the state’s land grab attitude

According to the PUCL, the land which the open air camp (jail) has in its possession for the last six decades, was taken away so easily, because the larger perception perhaps of the GoR is that prisoners don’t need so much space, they can be cramped in a small spaces and live in subhuman conditions. Most importantly they knew that the inmates would not raise their voice against  the State, as they would not wish to lose their freedom of being in an open camp (jail) and living with their families. The State took advantage of this vulnerability of the prisoners.

Killing India’s best open camp for prisoners

This act of grabbing the land of the open air camp (jail) in possession of the Jail Institution since 1963, is an attempt to kill India’s best open camp (jail) institution for which it has been lauded in the state, nationally and Internationally. Of the total of the 51 open air camps in Rajasthan which has a capacity for housing 1600 prisoners, the occupancy is only 1339 (84% of the total capacity).

Even the SC in the case of Suhas Chakma vs the Union of India and others, had asked the State of Rajasthan to make a presentation of its open camp (jail)s as a best practice case study for the other states to learn from. It was the time to strengthen the infrastructure of the open camp (jail), including housing, water, sanitation, electricity, the school and anganwadi. Reports in the past have, including those of PAARr and the PUCL have highlighted this dimension, instead, the GOR has indulged in an attack on the open air camp (jail) itself. It should be known that the residents, themselves, make houses, invest in its maintenance, pay electricity and water charges. Would the Government compensate for all this?,

Attack on the idea of restorative justice

Essentially the attack on the open air camp (jail) is actually an attack on the idea of restorative justice and correctional spaces. The idea was to provide a community space for the open camp (jail) inmates. Not merely some house structures, which it will get reduced to now. It was also open to outsiders, for instance children from the neighbouring colonies came to play football and other games in the open space of the open camp (jail), naturally integrating the children of the prisoners and the prisoners themselves with the outside children and adults.

Apart from the above various orders of the Supreme court and the Rajasthan High Court, Jaipur Bench, should have restrained them for this brazen act.

GoR commits contempt of the Supreme  Court of India order 

The Supreme court of India, in the Civil Writ Petition(s) No. 1082/2020 Suhas Chakma Versus Union Of India & Ors. on the 17th of May, 2024, the bench of Hon’ble Mr. Justice B.R. Gavai Hon’ble Mr. Justice Sandeep Mehta, stated in their order clearly in point number “9,….. We are also informed that there is a proposal to reduce the area at Sanganer Open Air Camp at Jaipur. We thus direct that there shall be no attempt of reduction in area of open 4 air camps/institutions/prisons, wherever they are functioning”.

Ignores Rajasthan High Court order

In D.B. Civil Writ Petition No. 2808/2012,  Civil Writ Petition No. 5463/2015, D.B. Civil Writ Petition No. 17462/2017, Suo Motu —-Petitioner Versus State Of Raj, the Hon’ble Mr. Justice Inderjeet Singh And Hon’ble Mr. Justice Bhuwan Goyal in their Order dated 23/07/2024 stated in their interim order that “…..Learned Advocate General seeks eight weeks’ time to submit the status report and asked for the matter to be listed on 25.09.2024. Despite the Rajasthan High Court having been seized of the matter and the amicus curiae, having placed the SC order of 17th May, which the AG very well knew off, it is shocking that on the 30th of July, land was allotted by the JDA to the Medical and Health department.

Allotment letter of the JDA to the Medical and Health Department: A clear violation of the SC order 

The amended allotment letter dated, 30/07/2024, क्रमांक /ज. वि. प्रा / उपा. /ज़ोन – 4 / 2024  / डी -1385 addressed to Director Public Health, Medical and Health Services, Rajasthan says that “The 194th meeting of the Land and Property Disposal Committee of Jaipur Development Authority held on 22.07.2024, discussed the agenda presented by the Zonal Deputy Commissioner regarding the free allocation of 21,948 square meters of land from a total of 3.04 hectares, covering Khasra numbers 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 68, 69, 70, 71, 72, 73, 74, 75, 76, 78, and 131 in Revenue Village Sanganer to set up a satellite hospital in Sanganer. The land was previously recorded in the name of the Refugee Camp but has now been transferred to the name of Jaipur Development Authority by the Tehsildar, Sanganer.

The committee deliberated on the matter and recommended the free allocation to the State Government as per the Land Allocation Policy 2015 provisions, considering the excess area under JDA’s jurisdiction. The committee also resolved that the State Government’s approval and allocation should consider the previous allocations made by the Jaipur Development Authority. Following this, the State Government, through the Urban Development Department’s Deputy  Secretary, issued a letter with reference number 9274934 dated 26.07.2024, approving the free allocation of 21,948 square meters of land from the specified Khasra numbers in Sanganer, subject to the complete adherence to the provisions of the Land Allocation Policy-2015 at the authority level”.

With this allotment of the open camp land to the Medical and health department the Government of Rajasthan has clearly committed contempt of court. The PUCL and other organisations will either assist the Amicus Curiae or as an intervenor, will challenge this in both in the HC and the Supreme court, but will not let this continue.

The PUCL demands that the land be restored to the open camp now, the hospital be made elsewhere.

*Kavita Srivastava, President; Bhanwar Meghwanshi, President, Rajasthan and the jail work team members; Pragnya Joshi, National Council member; Suman Devathiya, Jaipur district General Secretary; Advocate Mamta Nair, Jaipur District Treasurer; Advocate Bobby Datta, Jaipur district, member, PUCL

Courtesy: CounterView

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The notification issued by the Rajasthan Home Department on February 2, disallowed discrimination inside jails based on caste and religion. This followed recent media reports based on a research paper of the Commonwealth Human Rights Initiative (CHRI) on caste practices prevalent inside prisons across different states in India. Issued via a notification by the Governor N.L Meena, it reads: “No inmate shall be selected for cooking on the basis of his caste or religion” and “No tradesman shall be chosen on the basis of his caste or religion”.

This notification has been issued as a positive step, in response to Rajasthan High Court’s direction to apprise the court regarding the proposed steps for complete overhauling of the Prison Manual and “to ensure that the prisoners are not forced to indulge in menial jobs like cleaning toilets etc. merely on the basis of their caste and also that no under trial prisoner is forced to perform such jobs in the prison”.

The High Court was hearing a batch of petitions that raised issues regarding prison reforms. The Division Bench of Justices Sandeep Mehta and Devendra Kachhawaha perused “a very disturbing report” published on a website regarding existence of a caste-based work assignment system in the prisons in Rajasthan. The report was based on a research paper of the Commonwealth Human Rights Initiative (CHRI) and the CHRI researchers interviewed various prisoners (since released) from prisons in Rajasthan which made shocking revelations.

The Bench said, “As per the report, every person, who enters a prison in the State, is asked about his caste and once identified, menial jobs like cleaning toilets, sweeping the prisons etc. are assigned to the persons from lowest echelons in the society irrespective of the nature of the offence committed…The report also refers to the fact that the Prison Manuals of various states are still plagued by the archaic and derogatory caste system, which the Constitution of India pledged to eradicate”.

In addition to such observations, the noted that no under trial prisoner should be forced to perform such jobs in the prison and “Rather, considering the progressive democratic set up of our country and in order to ensure maintenance of proper hygiene in the prisons, it would be expedient in the interest of justice that the State Government considers installation of mechanized/automated cleaning facilities in all the prisons in the State of Rajasthan”.

A detailed investigation in The Wire in December last year, revealed details of prison life and how some of them were forced to clear up choked septic tanks despite a law against it (Prohibition of Employment as Manual Scavengers and their Rehabilitation Act). While cooking and management of medical care in the prison is considered a high-caste work, sweeping and cleaning is straightaway assigned to the lower caste inmates.

The notification and order may be read here:

Related:

Prisoners too have human rights: Allahabad HC
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What lies behind the high walls of Indian prisons?
Does India uphold Prisoners’ Right to Health?

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Rajasthan, which was the first state to dilute its labour rights by extending working hours under Factories Act from 8 hrs to 12 hours, has now taken a step back. On May 24, the Congress ruled state has back tracked on its decision by withdrawing its notification issued last month which effectively increased working hours for labourers to 12 hours, for the next 3 months.

Rajasthan Principal Secretary (Labour) Niraj Kumar Pawan, while justifying this move, told Business Standard, “The shortage of workers is no longer a concern with the revised lockdown guidelines by the Central government. Companies are no longer bound to cap workers in factories and many units have opened up in Rajasthan. There are no restrictions on the movement of workers, too. Hence, the order has been withdrawn”.

The General Secretary of The All India Trade Union Congress (AITUC), Amarjeet Kaur in a press releases lauded the Rajasthan government’s move, “AITUC welcomes the decision of Rajasthan government to withdraw its earlier decision of increase in working hours from 8 to 12 hours which was meant for three months.  AITUC would urge the other state Governments to follow the suit and withdraw all the changes being effected in the labour laws during Covid-19 lock down period.”

While stressing on the importance of labour rights in this health and economic crisis, she said, “The economy would pick up if workers, the key components to provide their labour be it skilled, semi-skilled or unskilled in manufacturing, productions, and services are taken on board for ensuring them justice for workplace safety, health measures, proper wages , eight hours of working as per existing norms and social security coverage etc…. The rights of workers were always a great help to get justice for all those who are out of its ambit as because they are workers of unregistered units or out sourced or on contract/ casual basis.”

AITUC was one of the leading trade unions raising its concern when about 10 states, one after the other, started issuing notifications diluting their labour laws in some way or the other, the most prominent one being increasing daily and weekly working hours. The states of Punjab, Odisha, Maharashtra, Himachal Pradesh, Haryana, Assam and Gujarat are yet to take any action towards withdrawal of such notifications, while Uttar Pradesh has already taken requisite steps towards withdrawal of the 12-hour work day.

ON May 15, Uttar Pradesh withdrew its notification in response to a Public Interest Litigation in Allahabad High Court challenging the validity of the same. On the other hand, Madhya Pradesh, last week, amended its labour reforms and said, legal consent was necessary before workers are asked to work overtime, made overtime wages double the normal wages and increased the notice period before retrenchment from one month to three months

Related:

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Battle against dilution of labour laws to culminate in Supreme Court?

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Rajasthan government has decided to make arrangement for passage of migrant workers to and from Rajasthan, in a phased manner. Ashok Gehlot, the Chief Minister of Rajasthan, has said that he wants to send all migrants safely back to their native states after he receives the support from leaders of other states.

On April 25, Gehlot tweeted from his official account saying, “Since Day one I have been saying a strategy must be devised for a smooth movement of migrant workers stranded across the country, but unfortunately there is no clarity on the same.” He added, “Planned strategy with unified command structure of communication to the states can be more fruitful instead of Un-officially communicating to different states by different officers such as MHA and Cabinet secretariat to facilitate movement of Students and Migrant workers.”

Since Day one I have been saying a strategy must be devised for a smooth movement of migrant workers stranded across the country, but unfortunately there is no clarity on the same.
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— Ashok Gehlot (@ashokgehlot51) April 25, 2020

Planned strategy with unified command structure of communication to the states can be more fruitful instead of Un-officially communicating to different states by different officers such as MHA and Cabinet secretariat to facilitate movement of Students and Migrant workers
3/

— Ashok Gehlot (@ashokgehlot51) April 25, 2020

The Chief Secretary of the state said that he was coordinating wit his counterparts in other states to ensure the safe passage of migrants.

This explains the notification issued by the Zilla Parishad, Barmer dated April 25 which asks Panchayat Samitis to make a list of all such migrant labours who wish to come back to their native places in Barmer.

The notification may be read here:

There is a registration process that has been brought in place whereby migrant workers hailing from Rajasthan are required to register on emitra.rajasthan.gov.in portal, e-mitra mobile app or e-mitra kiosk, or at helpline number 18001806127. All this while maintaining social distancing norms and ensuring sufficient arrangement of screening of incoming population, emphasized Gehlot.

Gehlot also appealed to villagers to inform the local administration about people coming from outside so quarantine rules can be enforced. He accepted that sending migrant labourers back home and getting their own migrant population back was a major challenge but following proper protocols and carrying out the exercise in a phased manner was the way out.

States like Uttar Pradesh have also started bringing their migrant population back. In UP, the first batch of 2224 workers arrived from Haryana and is set to bring 11,000 more such workers.

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JAIPUR: Over 1000 men and women sat quietly at Shahid Smarak in Jaipur, Rajasthan on Aug 8, with a piece of white paper announcing their identity. The paper is a death warrant of their certain and imminent death due to silicosis; a disease they caught at their workplace.
 
According to data collected by a team of Suchna Evum Rozgar Ka Adhikar Abhiyan, more than 15,000 labourers working in various mines across 16 districts in Rajasthan have been diagnosed with silicosis. And more than 200 have lost their lives in the past three years.
 
Silicosis is a fatal respiratory illness caused by inhaling fine silica dust through prolonged exposure in sandstone mines and quarries. The victims develop stiff lungs, their breath becomes more laboured till the time they can’t breathe at all.
 
Mazdoor Kisan Shakti Sanghatan (MKSS) and Suchna Evam Rozgar Ka Adhikar Abhiyan brought 1000 suffering patients for a public hearing on Wednesday. Silicosis patients from Jodhpur, Karauli, Sirohi, Chittorgarh, Ajmer, Rajsamand, Dhaulpur, Bhilwara, and Jaisalmer assembled at the venue. They made their demands known to the government of Rajasthan.
 
Their demands
Put the silicosis patients in national and state list of disabilities; give them disability pension; BPL and labour card for silicosis patients; special ward in every district hospital for treatment of silicosis; amendment in disabilities act; monitoring of builders and mine owners; monitoring factories, mines, construction sites, where labourers get the disease; use district mineral foundation fund for these patients; amend DMFT rules to include silicosis causing occupations, only mine and building construction welfare workers get it as of now; every collector in areas of silicosis prone occupations, should conduct public hearings, with the participation of all stakeholders once in three months.
 
No end in sight for the suffering
Madan Singh, a patient and labourer from one of the mines in Sirohi district said that he didn’t receive any safety gear or equipment on the job. 63-year-old Nanda Singh Rawat from Bhilwada district coughs blood and can’t earn anymore after his diagnosis in 2016. He hasn’t received any compensation for the illness he caught in the mines.
 
Many like them have to cross lengths just to prove they suffer from the fatal illness to be able to get the compensation and prove that they have an occupational disease. If carrying the burden of proof was not enough, even after getting the certificate, many have been denied their rightful compensation.
 
There are long queues for workers waiting for a diagnosis, pending diagnosis results, pending compensation post diagnosis and pending after-death compensation to their families.
 
Nooparam from Sirohi district has been carving temple marble for 20 years. He and his wife suffer from silicosis and he still hasn’t received the compensation of Rs. 1 lakh. 45-year-old Ram Singh is still working in the mines even after he was diagnosed about two years ago. He hasn’t received his Rs. 1 lakh compensation after the diagnosis.
 
Malla Singh Rawat died from silicosis and left behind three young children studying in a govt school. His wife has incurred a debt of about Rs. 6 lakh. Even though she got Rs. 1 lakh after her husband’s diagnosis, she did not receive the Rs. 3 lakh compensation after he died. She is still working in the mines to overcome her financial crisis.  
 
Laws haven’t been implemented
Many men and women in the 20 to 30 years age group have succumbed to the illness.

“In Rajasthan, in the last four years, 5,307 workers have been identified as suffering from silicosis by government medical boards. Activists say that the actual numbers are higher since many workers are not able to access the boards. Silicosis is among the list of occupational diseases recognised by the Employees Compensation law which dates back to 1923. The law mandates that employers pay compensation to workers who suffer injury or disease that may result in a worker’s death or disability,” reported Scroll in 2016.
 
On August 9, 2016, Lok Sabha passed an amended law which makes it compulsory for employers to inform workers of their right to compensation in case of illness or injuries at the workplace and lists the penalties for employers who fail to do so.
 
Many mine owners and employers have conveniently shirked their responsibility in causing these deaths and have gone away scot-free without paying any compensation to their employees. No penalties have been slapped on them and no justice has been provided.
 
In the last five years, 14,064 mines have been inspected out of which 3,076 were found to have violated the regulations. Notices were issued to 998 and prohibitory orders were issued against 847. “The information was submitted to the top court by the Director General of Mines Safety in an affidavit, which also gave details of how many deaths have taken place due to silicosis in a decade. Rajasthan saw maximum casualties where 323 people died of the disease. The state spent ₹9.73 crore to compensate family members of the victims,” reported Hindustan Times.
 
“Under the Employee Compensation law, the workers would be entitled to more,” said Vikas Singh, a project officer with Gram Samajik Vikas Sanstha, an NGO that works with migrant workers to Scroll. “He estimated the amounts would be anywhere between Rs 5 lakh and Rs 10 lakh. “Mine owners make profits in crores,” he said. “Instead of penalising them for negligence and the failure to maintain employee records and attendance, the state government has merely fixed the relief amount on the court’s directions,” he said in the report by Scroll.
 
The road ahead
After the public hearing, representatives of the rights groups, led by social activist Nikhil Dey, met the chief secretary, state human rights commission chairperson Justice Prakash Tantia and principal secretary for mines Aparna Arora, at the secretariat.
 
“The state human rights commission on Wednesday has assured us that they will hold public hearings in the silicosis-affected areas, beginning with tehsils having maximum pendency of compensation cases,” said Vikas Singh to HT.

“The chief secretary and principal secretary for mines have also assured the panel that a meeting of all departments will be called in August end to discuss and solve all the issues related to labourers, said Singh in the report.
 
“Aparna Arora, Mines secretary, met the workers and said that rations will be provided to all patients, the pending cases will be cleared within this week. She further added that the CM would decide on the compensation of Rs. 2 lakh after the death of a worker to the family member,” reported Times of India.

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