Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 377, Marzo 2016

1. 348. The complaint is contained in a communication dated 12 August 2014, submitted by the West Bengal Civic Police Association (WBCPA).
2. 349. The Government sent its observations in communications dated 22 April and 2 July 2015.
3. 350. India has neither ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 351. In its communication of 12 August 2014, the WBCPA describes itself as an association of men and women who are employed by the State Government of West Bengal in India to supplement mainstream policing and to provide short-duration routine guarding duties. The complainant indicates that, on 10 October 2013, the Government of West Bengal recruited 130,000 men and women between the ages of 18 and 28 as “civic police volunteers” and provides copies of Government Order No. 752-PL/PB/3P-31/12, dated 28 February 2013 and the Guidelines for Eligibility, Mode of Induction, Training, Duties and Termination of voluntary services, etc. (Annexure to Government Order. No. 4129-PL/PB/3P-29/11, dated 26 September 2011), referred to in the former, as the legal basis for recruitment of 130,000 civic police volunteers and their working conditions.
2. 352. The complainant organization indicates that the job consisted of 120 days of work during a period of six months, with a daily payment of 141.82 rupees (INR) (US$2.30), which is much lower than the Government’s lowest rate of minimum wage that stands at INR206 or $3.35. The complainant states that even this low wage was paid irregularly, often with delays of two to three months. The WBCPA further indicates that no appointment letters were given to the recruits, payments were made on muster rolls and no uniform was provided in most districts. The young men and women were given risky duties without any training or any legal security or protection. Six recruits died while on duty, including Saphikul Sheikh of Behrampur police station in Murshidabad, who was thrown from a bridge by angry lorry drivers when he was trying to control the traffic. No compensation was paid to the families of those who died. The recruits who get injured have no guarantee of getting medical treatment.
3. 353. The complainant indicates that the civic police started organizing itself in November 2013, with the help of the Asanghatit Kshetra Shramik Sangrami Manch (Struggle Platform for Unorganized Sector Workers). The WBCPA was formed in December 2013 for the betterment of its members’ working conditions. During the May 2014, Lok Sabha elections, the civic police were on duty. However, on 30 June they were dismissed. Subsequently, they organized a large protest in Kolkata on 10 July 2014, which was attended by 35 40,000 persons. A delegation of the protestors met with the Minister of Labour who immediately passed an order to enrol the civic police under a social security scheme for unorganized sector workers. The Minister also asked for information on those who were injured or killed while on duty so as to arrange for compensation and medical treatment and promised to confer on the other demands of the civic police with the Chief Minister within a month. These other demands included continuation of duty, issuance of appointment letters, payment of minimum wage, provident fund, gratuity, Employment State Insurance Scheme (ESIS) coverage, proper training and protection at work. On 14 July 2014, the State Government issued Order No. 1940-PL/PB/3P-31/12 that sanctioned 120 days of work at INR141.82 for the “Civic Police Volunteer Force” from July to December 2014. The Order clearly declared that no new candidates will be hired and the old 130,000 forces would be taken for work. The WBCPA considered this decision of the Government of West Bengal as a victory for itself.
4. 354. However, following these developments, once the leaders and members of the WBCPA went back to their home regions, they had to face threats and acts of intimidation on the part of their superiors in the police force and local party leaders. Various incidents were reported in this regard from almost all districts of West Bengal.
5. 355. On 16 July at noon, Mr Sanjay Poria, the President of the WBCPA, was summoned to his local police station in Keshpur, Paschim Medinipur district, and was held at the office of the district superintendent of police until 12.30 a.m., without being allowed to communicate his whereabouts to his family or fellow WBCPA members. During this time a group of senior police officers interrogated and threatened him numerous times. The complainant considers that it was only because of the repeated phone calls of the trade union leaders supportive of the WBCPA who had managed to trace Mr Poria’s whereabouts that he was released unharmed that night. Mr Poria was not readmitted to work after this incident. Additionally, a criminal case has been filed against him.
6. 356. On the same day, the officer in charge of Khatra police station in Bankura district, threatened that he would not hire the leadership of the WBCPA. This led to an altercation with all recruits on the rolls there and the police ultimately resorted to a lathi (baton) charge. Police cases were instituted against two leaders, Mr Arijit Mitra and Mr Chandranath Bid.
7. 357. The complainant indicates that, on 17 July, the police invaded the Badu Collective, described as a commune where 12 families live together and whose premises are used by many activists, including the WBCPA, for overnight stays and as an unofficial meeting place. Agents of the District Intelligence Branch first inquired about a meeting of the civic police that they believed was to take place in the premises. They were later followed by a massive police force led by the subdivisional police officer, armed with tear-gas shells and equipped with prison vans to break the purported meeting. The community living in the Badu Collective was taken by surprise, as they had no information about such a meeting and remained surrounded by the police all day.
8. 358. The complainant indicates that, on 19 July, the superintendent of the district of Malda was reported to have declared that all 4,800 civic police in the district would be replaced by fresh recruits. This was contrary to the clear declaration of the Government of West Bengal that the old 130,000 forces would be taken back for work and no new candidates would be hired. Massive protests erupted in many police stations after this announcement. In Harishchandrapur police station protesters were lathi charged, 12 were detained until midnight and then released without charge as a result of the intervention of a local MP. In Baishnabnagar police station in the same district, about 500–600 civic police presented themselves after the new circular of 19 July was issued. The local police decision to replace them by a new panel led to protests that were violently repressed. In relation with these protests a police case was instituted against 13 civic police recruits, including five young women and eight young men (Khairul Islam, Sadirul Islam, Souvik Mondal, Dipali Mondal, Champa Mondal, Poly Rani Mondal, Noeti Mondal, Salim Mian, Kunal Singha, Sridam Mondal, Mobarak Hossain, Pijush Kranti Ghosh, Jharna Ghosh).
9. 359. The complainant mentions reports of similar treatment of WBCPA leaders and members in the aftermath of 10 July 2014 mobilization from almost all districts of West Bengal and provides a detailed list of 111 police stations where this kind of treatment has occurred: in Bankura, Birbhum, Burwan, Cooch Behar, Darjeeling, Hooghly, Jalpaiguri, Murshidabad, Nadia, North 24 Parganas, North Dinajpur, Paschim Medinipore, Purba Medinipore, Purulia and South 24 Parganas civic police recruits were demobilized (29 recruits in total); their employment was terminated on grounds of misconduct (742 recruits in total), or simply terminated without any justification (171 recruits in total). Others were threatened with termination or criminal action (2,491 recruits in total). The complainant indicates that officers in charge were saying that they have been ordered not to hire the leadership of the Association. The WBCPA members and leaders were told verbally or in writing that they were being punished for organizing their fellow workers and leading the movement and the demonstration of 10 July; that video recordings have been made of their participation in the demonstration and that the police’s intelligence branch has collected the names of the leaders. Police station-level organizers reported that many members were threatened and the complainant indicates that about 1,500 were forced to pledge in writing to immediately cut off all relations with the WBCPA before being taken back on duty.
10. 360. The complainant further indicates that on 20 July 2014 the leading Bengali daily Bartaman Patrika reported that the Chief Minister of West Bengal had allocated INR6,5 million for an intelligence operation to find out who is behind the WBCPA. The report added that the Home Department had asked its intelligence bureau to make a secret inquiry on this issue and deploy informers in every district to collect information regarding the activity of the Association. The complainant affirms that, as its supporters have all been functioning openly, have asked for and obtained a police permission to hold a mass meeting and press conferences, and have met with the Minister of Labour and corresponded with the Government, the attempt at attributing it a secret backing can only be ill-intentioned.
11. 361. The complainant organization indicates that, so far, 3,000 of its members have given individual petitions to the officers in charge of their police stations, to the district superintendents of the police, to the Director General and Inspector General of the police and the Home Secretary of West Bengal. It states its intention of complaining about all these individuals to the Home Secretary, the chief secretary, the Minister of Labour, the Home Minister and the Chief Minister. The WBCPA concludes by requesting the Committee to take up its complaint with the Governments of India and West Bengal in order to ensure that the following requests are addressed:
    • (a) all cases against its members are withdrawn;
    • (b) its members who have been arbitrarily terminated are taken back into work;
    • (c) threats and intimidation of its members and leaders are stopped; and
    • (d) the WBCPA members are allowed to pursue their right to organize and to collectively fight for better working conditions.

B. The Government’s reply

1. 362. In its communication dated 22 April 2015, the Government of India indicates that, as per the inputs received from the West Bengal Labour Department, it appears that the WBCPA is not registered under the Trade Union Act, 1926. The State Government has further indicated that, since the allegation is basically against some police officials, the matter has been taken up with the State Home Department. A meeting has been held under the chairmanship of the Additional Secretary, Home Department, Government of West Bengal with the concerned Director General, Inspector General of Police, Commissioner of Police of Kolkata and authorities were requested to submit a comprehensive report with regard to the complaint. It is also stated that the report of the West Bengal State Home Department will be transmitted to the ILO upon reception.
2. 363. In its communication dated 2 July 2015, the Government of India provides further detail in response to certain allegations of the complainant organization, as per the information received from the State Government of West Bengal. With regard to the status of civic police, the Government indicates that Civic Volunteers earlier known as Civic Police Volunteers, were enrolled to supplement the workforce for policing on special occasions such as festivals and emergency situations for traffic management, providing routine guarding duties for short duration deployment as and when required. The Government states that, contrary to what has been made out in the complaint, this is not regular employment for which there can be claims relating to payment of wages. It has been conceived as purely voluntary service to involve the community in some police-related duties on certain occasions. For the duties rendered by the volunteers, an honorarium is paid to them. The Civic Volunteers are not under any obligation to work for the Government in this capacity. They are free to take up any employment with any government or private agency at any point of time. The Government further indicates that, since it is a purely voluntary service, during the process of recruitment there was no provision in the Gazette notification by West Bengal Government for continuation of duties, giving appointment letters, payment of wages and provision for provident fund, gratuity, Employment State Insurance Scheme (ESIS) coverage, etc. The Government refers to a Gazette notification by the Home Department, the Government of West Bengal which clearly mentions that no volunteer shall render voluntary service for a period exceeding six months at a stretch and that the selected volunteers from the first panel will be deployed for six months and then be replaced by the volunteers selected in the next panel for the next six months with the usual break.
3. 364. The Government of West Bengal rejects the complainant’s allegation regarding the death of Saphikul Sheikh on duty, stating that no such civic volunteer of the Behrampur police station died, as alleged in the complaint.
4. 365. The Government of West Bengal denies that Mr Sanjay Poria, President of the WBCPA, was subjected to any forceful confinement and threats by senior police officers and states that the allegations are baseless and malicious. The Government indicates that, in fact, Mr Poria has been absent from duty as of 1 July 2014 and despite being called, has not reported to work thereafter. The Government further states that Mr Poria has been involved in instances of criminally intimidating the local public under the jurisdiction of the Keshpur police station of the district. The matter has been duly investigated and prosecution has been launched against Mr Poria for committing offences under section 506 IPC. He was terminated as a civic volunteer on 30 August 2014 for corruption/extortion, under terms of government guidelines for termination of voluntary service.
5. 366. With regard to the allegations in respect of Mr Arijit Mitra and Mr Chandranath Bid of the Khatra police station, district of Bankura, the Government states that, on 16 July 2014, they demanded equal treatment as regular police officers, sat in front of the main gate of the Khatra police station and obstructed the movement of police personnel and the general public. This amounted to breaking the law and order and creating massive indiscipline, disrupting the normal life in public area. Over this incident, Khatra Police Station Case No. 56/14 dated 16 July 2014 under sections 341, 186 and 34 of Indian Penal code was registered and a First Information Report (FIR) was drawn up against them. They both surrendered before the Court of Additional Chief Judicial Magistrate on 17 July 2014. A charge sheet was filed before the court. The Government further indicates that Mr Arijit Mitra and Mr Chandranath Bid’s enrolment as civic volunteers has since been terminated for gross indiscipline and misconduct.
6. 367. With regard to the allegations pertaining to the Malda district, the Government indicates that two panels each comprising 4,800 civic volunteers were prepared in the district for their engagement by rotation of six months. On 19 July 2014, the civic volunteers resorted to agitation and blocked roads in different parts of the district. Over these incidents, two cases were filed and legal action was initiated.

C. The Committee’s conclusions

1. 368. The Committee observes that, in this case, the complainant, the West Bengal Civic Police Association (WBCPA), describes itself as an association of persons employed by the Government of West Bengal as members of the civic police volunteer force to perform routine police and guarding duties for short-duration deployment. The Committee notes that civic police recruitment has been carried out on the basis of Government orders that establish the daily honorarium, conditions of eligibility, mode of induction, training, duties and grounds for termination of services of civic police volunteers. The Committee further observes that the WBCPA raises certain concerns of civic police volunteers with regard to their working conditions, including employment insecurity, daily honoraria inferior to the Government’s lowest rate of minimum wage, irregular payment, assignment of risky duties without any protection that in certain cases resulted in injury and loss of life, lack of medical insurance and absence of compensation for injuries and loss of life. The WBCPA states that it was formed in order to seek the improvement of the working conditions of its members and that, in the wake of their dismissal on 30 June 2014, it organized a large protest in Kolkata on 10 July during which its delegation met with the Labour Minister of the Government of West Bengal and informed him of the grievances of the civic police volunteers. The Committee observes that, according to the complainant, this meeting delivered an immediate victory for the WBCPA since the Minister issued an order to enrol the civic police volunteers under a social security scheme for unorganized sector workers and promised to confer with the Chief Minister in respect of their other demands including continuation of duty and minimum wage. Only four days later, on 14 July, a new Government Order ensured them continuity of duty between July and December 2014. However, the complainant organization reports acts of intimidation and massive dismissals of its leaders and affiliates starting as early as 16 July 2014, contrary to the 14 July Government Order.
2. 369. The Committee notes the Government’s observation that the work of civic volunteers is not a regular employment for which there can be claims relating to payment of wages and that it has been conceived as a purely voluntary service to involve the community in some police-related duties on certain occasions. The Government further emphasizes that civic volunteers are not under any obligation to work for the Government under this capacity and are free to take up any employment with any Government or private agency at any point of time. The Government further states that since this service is purely voluntary, during the process of recruitment there was no provision in the Gazette notification of the West Bengal Government for continuation of duties, giving appointment letters, payment of wages and provision for provident fund, gratuity, ESIS coverage, etc., and it is mentioned that the selected volunteers from the first panel will be deployed for six months and then be replaced by the volunteers selected in the following panel for the next six months.
3. 370. The Committee wishes first to observe that it considers that the activities carried out by the West Bengal civic police volunteers constitute work and as such are covered by the principles of freedom of association. It further notes that the focus of the Government’s concern relates to whether or not they have the right to bring claims relating to payment of wages and continuation of duties due to the purely voluntary nature of their service. The complainant organization however contends that these issues constitute important elements of the working conditions of its affiliates towards the improvement of which it is committed to work and in respect of which it has negotiated – with partial success – with the Minister of Labour of the Government of West Bengal on 10 July 2014.
4. 371. With regard to the statement of the Government that the work of civic volunteers is not regular employment, the Committee recalls that according to the principles of freedom of association, all workers have the right to establish and join organizations of their own choosing. The Committee observes that the Government does not appear to challenge the right of civic volunteers to organize per se, and indeed the Government of West Bengal has engaged with the West Bengal Civic Police Association. The Government does however challenge the complainant’s right to make claims with regard to wages and thus implicitly challenges its right to organize with a view to further and defend its members’ occupational interests through collective bargaining and other collective action.
5. 372. As regards the voluntary nature of the work of the civic police in this case, the Committee observes that the State of the World Volunteerism Report (2011) drawn up by UN Volunteers, states that the “three criteria of free will, non-pecuniary motivation, and benefit to others can be applied to any action to assess whether it is volunteerism”. The Committee notes that the Government Order. No. 752-PL/PB/3B-31/12, dated 28 February 2013 fixes an honorarium for Civic Police Volunteers at INR141.81 per day, while according to the allegation of the complainant, unchallenged by the Government, the Government’s lowest rate of minimum wage for the same period was INR206. The Committee observes that the honorarium fixed for the volunteers, while inferior to the minimum wage, would appear to be beyond a symbolic compensation to cover expenses. While the Government states that West Bengal civic volunteers are free to take up any job at any moment and the work of civic police volunteers has been conceived as a purely voluntary service to involve the community in some police-related duties on certain occasions, it appears from the complaint that the civic police volunteers mainly attract unemployed young people who enrol in the force precisely in order to collect an honorarium in the absence of other sources of income and thus can be considered to have pecuniary motivations.
6. 373. While noting the Government’s indication that “the purely voluntary” character of the service and the fact that civic volunteers can take up any employment at any time excludes any legitimate claims on their part to wages, the Committee also notes that clause 4 of Government Order No. 752-PL/PB/3P-31/12 dated 28 February 2013 opened the way to successive and continued enrolment of civic volunteers, as it excluded the condition laid down in the previous Government Order according to which each panel would be deployed for six months and then replaced by the next panel. In this regard, the Committee also notes the complainant’s allegation (unchallenged by the Government) according to which on 14 July 2014 the State Government issued Order No. 1940-PL/PB/3P-31/12 that established 120 days of work at INR141.82 for the “Civic Police Volunteer Force” from July to December 2014. The Order clearly declared that no new candidates would be taken on and the previous 130,000 forces would be taken back for work. In light of the above, the Committee considers that the work of civic volunteers, which entails compensation, determination of working hours, and continuity of service must similarly afford these workers with the protection afforded by freedom of association principles, including the right to collective bargaining.
7. 374. With regard to the alleged deprivation of liberty and interrogation of the President of the WBCPA, Mr Poria, on 16 July 2014, the Committee notes that the Government completely denies the allegations of the complainant, and affirms that Mr Poria has not been subjected to any forceful confinement or threats by senior police officers. However, the Government does acknowledge the allegation of the complainant according to which criminal charges have been laid against Mr Poria. The Committee further notes that the complainant and the Government do not concur on the grounds for these charges: while the complainant contends that the case was brought up as a reaction to Mr Poria’s activity in his position as President of the WBCPA, the Government maintains that he has been involved in instances of criminally intimidating the local public, an offence subject to section 506 of the Indian Penal Code. Similarly with regard to police cases instituted against Mr Arijit Mitra and Mr Chandranath Bid, leaders of the WBCPA in Bankura district, the Committee notes that the complainant contends that the charges are baseless, while the Government maintains that the defendants have broken the law and order and disrupted normal life in a public area, thus committing offences subject to sections 341 and 186 of Indian Penal Code. In view of the divergence between the statements of the complainant and the Government and in order to be able to examine these allegations in full knowledge of the facts, the Committee requests the Government to submit detailed information on the development and outcome of the legal proceedings instituted against the abovementioned leaders of the WBCPA and to transmit the texts of the judgements delivered together with the grounds adduced therefor.
8. 375. With regard to the termination of enrolment of WBCPA leaders Mr Sanjay Poria, Mr Arijit Mitra and Mr Chandranath Bid, the Committee notes that the Government invokes grounds such as corruption/extortion and gross indiscipline and misconduct, while the complainant links these dismissals to the activities of these persons as WBCPA leaders and the demands they had made on behalf of its members. The Committee further notes the complainant’s references to reports of officers in charge of police stations saying that orders not to hire the leadership of the WBCPA were received from police stations of almost all districts of the State of West Bengal. The Committee recalls that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representatives in full freedom [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 799].
9. 376. The Committee notes the allegations of the complainant organization with regard to widespread anti-union discrimination against members of the WBCPA that in certain cases was accompanied by threats and acts of intimidation. The complainant indicates in particular that WBCPA members were told verbally or in writing that they were being punished for organizing their fellow workers and leading the movement and the demonstration of 10 July; that video recordings have been made of their participation in the demonstration and that the intelligence branch of the police has collected the names of the leaders. The Complainant further indicates that 29 recruits were demobilized, 742 were terminated on grounds of misconduct, 171 were terminated without any justification, and 2,491 were threatened with termination or criminal action, while 1,500 were forced to pledge in writing to immediately cut off all relations with the WBCPA before being taken back to duty. The Committee notes with concern that the Government has not provided any observation in response to these allegations. The Committee observes that direct threat and intimidation of members of a workers’ organization and forcing them into committing themselves to sever their ties with the organization under the threat of termination constitutes a denial of these workers’ freedom of association rights.
10. 377. With regard to the events in the Malda district, the Committee notes that the complainant indicates that, on 19 July 2014, it was declared that the 4,800 civic volunteers of the district would all be replaced in contradiction with the Government order, issued five days earlier, guaranteeing the continuation of duty of those already enrolled. With regard to the same process, the Government indicates that two panels each comprising 4,800 civic volunteers were prepared in the district for their engagement by rotation of six months. The Government and the complainant both indicate that unrest erupted in the district as a result of the decision to replace the civic volunteers of the first panel. The Government indicates generally that civic volunteers resorted to agitation and blocked roads in different parts of the district and two cases were filed and legal action was initiated in respect of these incidents. The complainant indicates in particular that, in Harishchandrapur, protesters were lathi charged, 12 were detained until midnight and then released without charge as a result of the intercession of a local MP; in Baishnabnagar protests were also violently suppressed and a police case was initiated against 13 civic police recruits. The complainant further alleges that, on 16 July 2014, in the Khatra police station in the Bankura district, the officer in charge’s refusal to hire the leadership of the WBCPA equally led to an altercation with all recruits on the rolls and the police ultimately resorted to a lathi charge. The Committee notes with concern that the Government has not provided any information in response to the allegation of the complainant organization concerning violent repression of demonstrations and arrest of demonstrators. The Committee recalls that workers should enjoy the right to peaceful demonstration to defend their occupational interests; that the police authorities should be given instructions so that, in cases where public order is not seriously threatened, people are not arrested simply for having organized or participated in a demonstration; and that the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace [see Digest, op. cit., paras 133, 151 and 140]. The Committee requests the Government to conduct an investigation into the allegations of the use of force by the police in response to demonstrations of civic volunteers and to keep it informed of the outcome. The Committee further requests the Government to provide detailed information on the development and outcome of the legal proceedings instituted against 13 protestors from Baishnabnagar named in paragraph 11 of the present report, and to transmit a copy of the judgments delivered.
11. 378. As regards the allegation of the death of Saphikul Sheikh of Behrampur police station, the Committee notes that the Government states that no such civic volunteer died as alleged in the complaint. In view of the gravity of the matter the Committee requests the Government to look into this particular allegation in order to ensure that the facts are duly elucidated and to keep it informed in this regard.
12. 379. The Committee notes the allegation of the complainant, according to which the police invaded the Badu Collective, a commune where 12 families live together and whose premises were used by the WBCPA for overnight stays and as an official meeting place, apparently to break up a meeting of the organization that they expected would take place there. Noting that the Government has not replied to this allegation, the Committee expects that the right of the workers’ organizations to hold meetings to discuss their occupational interests without interference by the authorities will be fully ensured in the future.
13. 380. In the light of the divergence of information provided and views expressed on a number of allegations in this case, the Committee requests the Government to facilitate the engagement of the Government of West Bengal and the WBCPA in constructive social dialogue and collective bargaining with a view to resolving all outstanding issues.