An Overview of the Provisions of Plantation Labour Act, 1951 With a special focus on status of Women and Children in the tea gardens Mahesh Menon, Asst. Prof of Law & Coordinator Centre for Child Rights, WBNUJS Monalisha Saha, Asst. Prof of Law, Burdwan University Zainab Lokhandwala, Research Assistant, CGPRS, WBNUJS

PLA in the Indian Legal Context It falls under the rubric of “labour law” and it is viewed as a labour legislation Enacted in 1951 along with a bunch of important labour legislations. It is very comprehensive – covers almost all imaginable aspects of labour control and welfare within a plantation context. Several provisions which ensure the welfare of labourers, including the children of labourers Quite advanced for its times and provided for many socio-economic entitlements which we now consider to be human rights Human rights lawyers and practitioners have paid very little attention to this law!

What the Act Covers It applies to : (a) to any land used or intended to be used for growing tea, coffee, rubber, cinchona or cardamom; and which measures  5 hectares or more; and in which fifteen or more persons are employed or were employed on any day of the preceding twelve months It can be extended by the state government (with the approval of the Central Government) to lands used for growing any other plant, even without conditions 2 & 3 above. It applies to all premises used in connection with a plantation, except those premises to which the Factories Act Apply. There are other labour legislations that apply to a Plantation – Like laws dealing with maternity benefits, workmen's compensation, minimum wages etc.

Degree of Protection of Rights PLA and other labour laws International Standards Regulation of working hours and entitlement to holidays Working conditions Housing Medical Facilities to be provided Drinking water (at the workplace) Education for children Recreational facilities Creches Maternity Benefits Compensation for employment related injuries Minimum wages & collective bargaining Prohibition on Child labour Food and Nutrition Labour Standards Plantations Convention Minimum Age Convention Weekly Rest Convention Holidays with Pay Convention Maternity Protection Convention Core Human Rights Standards Convention on the Rights of the Child CEDAW ICSECR Lack of Compliance wrt : C110 (plantations) 11(5) : requirement for immunization 12: Provide transport facilities CRC – people below 18 years of age are allowed to work (CRC does not define a child to be a person below 18 years, but the committee on the rights of the child strongly recommends this as the position)

The Frame work for Implementation of PLA STANDARDS [Act (framework) + Rules(specifics)] MECHANISMS FOR ENFORCEMENT Mandate on Employer to Comply

The Specifics (Rules) Made by the respective States A comparison of Four States (Assam, Tripura, Kerala, Karnataka) reveals that the specifics are more or less similar. Medical Advisory Boards in Assam & Kerala. Group Hospitals to have a minimum of 100 beds and ambulance facilities (Kerala) Canteens to serve tea and snacks on a non-profit basis (Kerala and Karnataka) Rule relating to schools more detailed in Kerala and Karnataka More details on nutrition in Kerala Rules Sickness benefits are better and more detailed in Kerala Rules

Status of Implementation?? Limitations of Data Sketchy and fragmented data Most studies are quite dated. Very limited quantitative data All studies pointed towards very poor implementation There are clear issues of Child labour Water supply & Sanitation Healthcare (including nutrition) Education Housing Wages Isolation from the mainstream

Concerns & Questions The basic approach of the PLA Does it encourage the sustenance of a captive labour force? By making welfare the primary obligation of the employer, does the PLA fall short of international legal mandates? How does PLA standards compare to standards in other social security programmes and Schemes? Will focusing on implementation alone be sufficient or do we need to take a relook at our whole approach?

THANK YOU CENTRE FOR CHILD RIGHTS, WBNUJS maheshmenon@nujs.edu