Report in which the committee requests to be kept informed of development - Report No 226, June 1983

1. 69. The Committee already examined this case in February 1982 when it presented interim conclusions to the Governing Body. The Government has since transmitted a communication dated 25 January 1983.
2. 70. India has riot ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 71. The outstanding allegations in this case concern three deaths, the torture and imprisonment of named trade unionists and the sexual harassment of unionised tea plantation workers in Assam during the period October 1980 to November 1981. The Government was also requested to keep the Committee informed of the outcome of applications for approval of the dismissals of 29 Assam tea plantation workers which were pending before the Labour Court.

B. Further developments

1. 72. In. its letter of 25 January 1983 the Government replies in detail to the outstanding allegations and explains that, as regards the police violence which took place in October 1980, the Government of Assam's Deputy Commissioner - a District Magistrate who is responsible for the police - carried out an inquiry. According to the Government, this inquiry found that the police had acted in accordance with the law of the land.
2. 73. The Government states that the hearing of the case concerning the 29 dismissals was fixed for 5 January 1983 and that an early decision is expected. It undertakes to inform the Committee of the final position as soon as it is available.
3. 74. As regards the torture and imprisonment of trade union leaders at the Krishnakali Tea Estate - in particular of Mr. Nihal Oraon - the Government states that his arrest had nothing to do with his normal trade union activities but that he was arrested on 25 March 1981 in connection with a police case against him involving offences relating to trespass and criminal intimidation. Moreover, according to the Government, Mr. Oraon had ceased to be a workman at the plantation in question more than four years prior to the date of his arrest. It adds that an Additional District Magistrate conducted an inquiry into the entire episode and found the allegation of torture to be baseless. During the course of this inquiry, states the Government, Mr. Oraon denied that his wife had been abused and molested, as had been alleged by the complainant. As regards the five other named unionists allegedly arrested, tortured and jailed at about the same time, the Government indicates that one of them was arrested in connection with offences similar to those of which Mr. Oraon was charged; on inquiry the allegation of torture against this individual was found to be baseless. The other four persons faced police cases for several offences relating to rioting, participation in unlawful assembly, assault on public servants and criminal trespass; again, an inquiry by the Deputy Commissioner into the allegation of torture found it to be baseless. Likewise, according to the Government, similar events allegedly affecting two workers and the molestation of the wife of one of them which occurred on the same night at a neighbouring tea estate were inquired into and found to be baseless. As regards the alleged attempted rape of Mr. Oraon's wife on 20 May 1981, the Government states that, as no complaint was lodged, the State Government has no information about the incident.
4. 75. As regards the allegation that during the incidents surrounding the above-mentioned arrests, the trade unionists concerned were asked to renounce their union membership in favour of a management-backed union, the Government states that this is denied and that the police have acted in a completely neutral manner in no way in collusion with the management or any union.
5. 76. Lastly, the Government explains that the death of a tea garden worker while detained by the police at Titabar, allegedly due to police beating, was investigated by the Executive Magistrate. This inquiry did not conclude that the death resulted from police beating; however, as the post-mortem showed certain injuries, the Magistrate ordered a case to be registered. According to the Government, the investigation by the Criminal Investigation Branch of the police was ordered and is in progress; pending this inquiry the officer-in-charge of the place of detention has been placed on suspension and the Government has given an ex gratia payment of 5,000 rupees to the bereaved family.
6. 77. The two deaths and many injuries which occurred following the use of arms by the police at another tea estate, continues the Government, took place against a background of worker violence including stone throwing and attempted arson, when the management offered a bonus of 8.33 per cent for the year 1980-81. According to the Government, some policemen and a police inspector were injured when called to the scene and, when tear gas and a cane-charge failed to disperse the violent crowd, the Additional Superintendent of Police present had no option but to order the use of firearms in order to prevent greater damage to life and property. The Government points out that no government can countenance violence, threats to life and property, and that workers engaging in this form of criminality cannot claim immunity on grounds of their being involved in trade union activity.

C. The Committee's conclusions

1. 78. While deeply deploring the climate of unrest that prevailed on the Assam tea plantations during the period from October 1980 to November 1981, the Committee notes that all but one case of violence and each allegation of torture of trade unionists at the hands of the police has been the subject of an inquiry by magistrates and that where grounds for further action have been established, punitive action has been taken by the appropriate authorities. In this latter connection, the Committee refers to the suspension of the officer-in-charge of the place of detention at Titabar pending the investigator by the Criminal Investigation Branch into the death of a tea garden worker while in detention there. The Committee requests the Government to keep it informed of the outcome of the investigation.
2. 79. As regards the two deaths and many injuries which took place following the use of firearms by the police at a tea estate and which do not appear to have been the subject of a judicial inquiry, the Committee notes the Government's statement that this was a last resort measure ordered by a police officer in the face of extreme violence in order to prevent greater damage to life and property while agreeing with the Government's further statement that workers cannot claim immunity from engaging in acts of violence because they are exercising trade union activity or hold trade union office, the committee would nevertheless recall that this incident appears to have revolved around a purely labour-related issue, that is, the workers' request to management for a higher bonus. While it is recognised that, in defending their social and economic interests, workers, including trade unionists, must respect the law of the land, excesses in the use of force and, in particular, the use of firearms to quell violent industrial disputes is to be deplored. The Committee expresses the firm hope that the Government will carry out a review of the administrative procedures which regulate the intervention of the forces of order in such circumstances with a view to preventing death and injury, and that, in particular it will order restraint to be exercised by the forces of order in such circumstances.
3. 80. The Committee notes that the case concerning the dismissals of 29 tea plantation workers was to be heard by the Labour Court on 5 January 1983 and that the Government will inform the Committee of the outcome. The Committee trusts that it will receive information on the outcome of this case in the near future.