asking for salary is a big offence and beating a women is no offence in the eyes of Chandigarh police

yesterday evening Kanwaljeet of AICCTU informed me that the police has arrested the leaders of PGI employees union. the union was raising demand for release of their salary, pending for about 2 month. on 03.12.2010 the PGI authorities kept on promising that salary will be paid today, but when salary was not paid till evening, they raised slogans agianst the management. upon which the Chief security officer P.C.Sharma manhandled and gave beatings to a female employee namely sarita. their version was that the whole outburst was due to beatings given by Chief security officer.

however despite the complain by the workers no cognizance was taken by the police, rather the chief security officer was sitting in the office of SHO. when I reached their and l talked with SHO Sukhbir Rana and asked him to register the FIR on the complaint of the workers as well. He assured me that he will take action as per law. but at the Same time ASP Desh Raj came and without even talking to the workers or their leaders asked police to arrest the workers sitting in the premises of the police station, without any rhyme or reason. though they were sitting in the corner and were demanding action on their complaint.

the action of the ASP shows that he was interested for the reasons best known to him or otherwise he is not psychologically fit for handling such like situations. being an officer and having powers does not mean that he can do anything. no doubt being an officer he was supposed to take action on the complaint of PGI authorities, but what about the complaint of Workers? he was also duty bound to take action on that as well. why these competent officers become incompetent when a poor man makes a complaint against a powerful man?.

preamble of the Constitution says

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens : JUSTICE, social, economic and political ; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [Unity and integrity of the Nation]: IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of the November, 1949, do HEREBY ADOPT ENACT AND GIVE TO OURSELVES THIS CONSTITUTION "

I am sure the ASP must have read this preamble but does not care about it.

had he assured the workers, regarding action on their complaint, the matter would have been different, but he even didn't tried to communicate with them. luckily workers gave their arrest happily, but the conduct of deshraj was unlike of an officer and he is not suitable to handle any critical situation. had there been some wrong elements in the leadership, who would have ignited the issue, there was every likelihood of and untoward incident.

asking for salary is an offence? no one can survive without salary for continues 2 months. government also disconnects essential services, if you don't pay. hospitals refuse treatment, if you don't pay. then how these workers were supposed to work for more then 2 moths without salary? they are also Human. are't they?

which version is correct, is a matter of evidence, but if we will push these democratic ways by abusing law, then people will loose faith in the law. at that time please do not blame them, as it would be our responsibility.

the whole incident requires an fact finding inquiry into the whole matter, (especially when the allegations are regarding beating to a female employee and the Hon'ble apex court have issued various directions regarding such matters) and it is the demand of justice that the action should be taken against the PGI authorities and also against the police officials for abusing their powers and everyone responsible for this unfortunate occurrence .

tribute to 84 victims

It has been 25 years since the brutal slaughter of Sikhs in the world’s biggest democracy (?). The day, when Sikhs felt that they are no longer required. They witnessed the state sponsored terrorism when many sons were killed by coward pups to please they political bosses. The day, when state forgot its duties and turned back towards incident of killings of innocent Sikhs.

I was just 3 years old at that time too young to understand any such thing and though was not a direct victim but I still feel pain. The fact is that the butchers were and are roaming openly and even law was impotent before them. The religion which is less then 2% of the total population, but contributed two third of the martyrs of independence struggle, who kissed the rope, its members were butchered by the government of independent India. It really hurts…..

But in 25 years a lot of water has flown in the rivers. The politics has changed. Those who were, once the unacceptable to the state are now sitting at the high level in the government. Life has come to the normal, except this pain which resurfaces at times. I want to remember 1984 because I don’t want it to happen again. But I don’t want the exploitation of emotions on the name of “kaum”.

Whether it 1984 or post Godhra riots are always disasters. Those who are killed and those who survived have to feel pain till the time of they are d. So those who survives, suffers a lot. And if we don’t regret such manslaughter, we also have to suffer as those who have witnessed the terror, can go to any extent, and even in that case common man will suffer

Don’t let riots happen again.

attack on farmers

I am not able to understand, How to start writing infact what happened today in Chandigarh, has many dimensions, each of them equally important. From my middle class angle I can sum up the whole incident in two lines by saying it unfortunate or disturbance created by illiterate farmers. However, I have to ignore the fact that these illiterate people work hard in their fields in all adverse conditions and due to their hard work I am able to get food for my family.

But I have to analysis the whole incident with open mind then the first thought which came in my mind was that the failure of this so called pro-farmer government to secure the interest of poor farmers. The general phenomenon in the minds of the middle class people sitting in Chandigarh or such like cities is that the farmers in Punjab are getting heavy subsidies and free electricity but still they are not happy. Even some members of media are also victim of this phenomenon. That is why when Manpreet Badal speaks against the subsidies gets maximum of media coverage and middle class people appreciate him. The fact is that the most needed section is deprived of required benefit and support, which is clear from the fact that they gathered in Chandigarh in Large numbers.

Another dimension was regarding the media reports in news papers regarding less impact of drought in Punjab and Haryana. Most of the writers/columnists were amazed that there is lesser impact of drought. But the fact is that the farmers have put in their everything to save the crops. There cost of production will make it sure that they have to suffer heavy losses this year, what to talk of profit. Today what happened in Chandigarh was that a reward to the farmers for their contribution?

The attack on protesters is highly condemnable; the adamant and reckless attitude of the administration is responsible. One can find fault with the protesting farmers, but it is not to forget that maintaining the peace is the duty of administration and administration is supposed to act in a rational and responsible manner. The administration/governments might have equipped themselves with the authority to use force but they are not expected to use it as a matter of right especially when they are claiming themselves a democratic administration/government.

Today’s protest was not a sudden protest but the heat was being felt for so long. The callous attitude of administration forced them to come to Chandigarh. Though not clear but the most heard reason for the start of clash was the demand of farmers to sit on DHARNA at Matka Chowk. If it is true then the administration is solely responsible for the clash as they could have saved the whole unsavory incident by allowing them to sit on DHARNA at Matka Chowk. No government or authority or even courts have any right to take away the democratic right of the people to protest. Even the unconfirmed reports say that firstly the police used the tear gas. If true this unfortunate but one thing is sure that today’s incident will definitely reduce the faith in the minds of people like me that we are democratic nation.

HARINDER PAL SINGH ISHAR

Advocate,

Punjab & Haryana High Court

M-0091-991446678

hpsishar@gmail.com

conditions of migrant workers

In India due unequal development, many of the people from backward areas migrate from their native place to industrial towns in search of work. Most of them are illiterate or less educated; therefore often they are exploited by the employers and contractor. Rarely do they get full wages and they have to face many unwarranted problems. One may consider this as exaggerated but reality is much harsh.

The government has enacted many laws such as “The Contract Labour (Regulation and Abolition) Act, 1970”, “The Bonded Labour (Abolition) Act, 1976”, “The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979”, “The Child Labour (Prohibition and Regulation) Act 1986” etc, but Infact they are a tool in the hand of corrupt officials to take money. Right up from the district magistrate to labour cum conciliation officer, they are always ready to protect the interest of employers and rarely hey see the plight of workers. It is not my imagination but practical experience. Most of the migrant workers never get the benefit/protection given by these enactments. Despite the safeguard provided in the law, workers have to face many problems.

Under “The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979” proper accommodation with all the basic facilities is to be provided to the worker, but rarely this provision is complied with. Most of the time temporary structures are provided to them, without any arrangement of any of the basic facilities such as safe drinking water, Bathroom and toilets. There are no arrangements for any medical aid. Worst conditions are at the brick kiln. No labour law s followed by the brick kilns. There are no arrangements for education of the children though the act envisages for that, rather the children below the age of 14 years are engaged in work which is in clear contravention of the provision of “The Child Labour (Prohibition and Regulation) Act 1986”. Similarly under “The Contract Labour (Regulation and Abolition) Act, 1970” no contractor can engage the contract labour without license to do so, but these migrant workers are being engaged through unauthorized contractors.

This migration is now giving rise to one big problem, which is different from the non implementation of these provisions. As these migrant workers have no option but to bow before the exploitation, they are paid lesser wages and are cheaper then the local labour, which would have the capacity to bargain. Thus an employer would like to employ a migrant worker instead of local worker. Thus the migrant workers are often blamed for the unemployment. It has given a political ground to the leaders like Raj Thakrey in Maharashtra, whose hatred speeches has lead to attacks on Migrant/ Non-Marathi Workers. In the 80s and early 90s the migrant workers were attacked and killed in Punjab as well, because at that time they were propagated as the ones who have taken all the employment and the Punjabi’s are, therefore unemployed. One can understand the severity of problem.

Among the various enactments, the one which is proving to be most beneficial is “National rural employment guarantee act”, popularly known as “Narega”. It assures minimum 100 days work to rural workers. Despite many lapses in the implementation it has been controlled migration to some extent.

But still a lot has to be done to improve the conditions of these migrant workers. Best would be that they don’t have to migrate.


Harinder Pal Singh Ishar
Advocate
Punjab and Haryana High Court
Chandigarh. M-0091-9914466788

nandigram

One Pakistani and one Bengali (from Nandigram W.B.) came to Chandigarh to get their teeth treated. The dentist asked, "Don't you have a dentist there?""We do, but we are not allowed to open our mouth."

This was the SMS I received from a friend, who is an Advocate practicing in Punjab & Haryana High Court. News Channels were reporting about the incidents of attacks on the peaceful protests being carried out by Bhumi Uchched Pratirodh Committee (BUPC).

Although, Pakistan is being ruled by a General and in West Bengal peoples elected Government is ruling, but to my mind situation is almost same. Only difference is that general is arresting his opponents and putting them in prison or sending them to house arrest, whereas peoples elected Government in West Bengal is killing poor people fighting for protecting their land, which the socialist/communist Government is selling to their political enemy (Capitalists). Another strange aspect is that those who are opposing this land grabbing include political parties like "Trinamul Congress" and also some Maoist organizations.

The CPM who claims to be a vanguard of proletariat class is suppressing them for providing land to the capitalist class, whom they term as enemy. This difference in political theory and acts is shaking the minds of thousands of followers of communist ideology, especially those who have learned the communist ideology from CPM.

The act and conduct of Government of West Bengal headed by Chief Minister belonging to CPM clearly shows that they are far away from communist ideology. Rather it would be appropriate to say that CPM is the mother a new political streamline "left Fascist". "Shocking". But this is true. CPM is crushing its opponents in the same manner as Hitler did. Thanks to Indian system, they are not in position to put their opponents in gas chambers. The other parties associated with CPM are in dilemma, whether to save ideology or to save Government/so called communist unity. But this has definitely shaken the beliefs of the intellectuals, who were expecting some change in society, to be brought by CPM.

Harinder Pal Singh Ishar,
AdvocatePunjab and Haryana High Court, Chandigarh