1. Overview of the status of implementation of Plantation Labour Act, 1951 across the tea growing states of India
West Bengal
State Commission for the Protection of Child Rights
Mr Soumitra Ray
Member, WBCPCR
Dr Bipasha Roy
Chief Consultant (Expert), WBCPCR
4th & 5TH November 2016

2. Data
Number of districts under tea plantations - Darjeeling and Jalpaiguri, Alipurduar and Cooch Behar districts
Number of tea gardens – 450 (Approx.)
Area (in hectares) under tea plantation (TEA AREA as on ; Tea Board
Production of tea (in tonnes) annually M. Kgs in 2015
Tea estates of Hill, Terai and Dooars have population of 11, 24, 907
1,86,559 families reside in the tea estates of hill, Terai and Dooars areas of North Bengal
92, 280 (Approx.) Number of children living in the plantations
There are 2, 62,426 permanent workmen (Daily Rated + Nayaginti + Factory workers + Computer Operation + Sub Staff + Staff )engaged by 273 Tea Estates of Hill, Terai and Dooars region.
There are 8,72,938 non-workers in the Tea Estates of Hill, Terai and Dooars region.
Average wages of plantation workers – Rs. 250

3. Major Child Rights concerns primarily in abandoned/closed / sick tea gardens
Non-compliance of Plantation Labour Act, 1951 evident through…..
Low wages & non- fulfilment of non-cash entitlements and ration - miseries of the workers and their children
Limited or no provision of housing without any maintenance or repair
Benefits of Indira Awas Yojana (IAY) have started trickling down and has to reach the BPL families in the gardens.
Safe drinking water is a problem
Closed drainage is almost absent in all the labour lines
Rampant practice of open defecation in Tea garden areas
Most of the closed and sick gardens don’t have electricity as such water supply is hampered
Unavailability of regular alternate livelihood opportunities and vocational training
Migration to other states in search of work
Unsafe Migration - human trafficking, child marriage, missing child, abduction and fake marriages
These children remain out of preview of health, education and other rights and entitlements related services.
High rate of school drop outs
Acute financial crisis of the families of sick & closed tea gardens
Transportation to school is a problem coupled with bad condition of roads
Dropout of girl children in Tea Garden areas is very high
Dearth of upper primary and secondary schools
Medium of instruction (multi-lingual approach to be adopted)

4. Major Child Rights concerns
Crèche /Anganwadi Centers –
Crèche system in the gardens has virtually collapsed
With a total population in 20 gardens = 5,00, 484…….AWCs = 1, 341 / No. of Crèche = 30
The attempt is on to suit the timings of AWCs to the timings of the working mothers.
Due to distance of AWCs from the Tea gardens parents hesitate to send their children to the AWCs
Salt intake particularly with tea is very high in the tea gardens. This leads to increased hypertension and ultimately pregnancy death
Health of the local inhabitants in several tea estates are affected by dolomite dust emanating from heavily loaded trucks carrying dolomite from Bhutan to Dalgaon or Durgapur Steel Plant
The onus of child protection & providing of services is shifting from the Management to the Government for the closed/ sick & distressed gardens
State Govt is aware of the problem and interventions are directed for ensuring the rights of the children through various central & state govt. schemes

5. Key challenges in enforcement of PLA, 1951 – Basic Survival Concerns
Situation in Tea Gardens:
Infant mortality (15.5%) & adolescent mortality (25%) evident within tribal population of tea gardens in Jalpaiguri (Roy et al. , ISI, Kolkata, 2013).
Morbidity higher among BPL infants, girl infants, & underweight children (Ishore et al. 2015). 26% & 24.5% children in tea estate of Darjeeling suffering from diarrhea & ARI (Ishore et al., Department of Community Medicine, North Bengal Medical College, 2015).
Malnutrition higher among children (stunting 24.9%; wasting 29.6%; underweight 60%) (ibid).
31.6% adolescent girls malnourished (Low BMI), 35.7% adolescent girls have severe to moderate anemia. (Manna and Ghosh, Siliguri College, 2014
Condition of sanitary toilets poor. Tea estate management does not provide basic facilities. (Columbia Law School 2014).

6. Key challenges in enforcement of PLA, 1951 – Access to Services
Situation in Tea Gardens:
Home delivery rate highest among Muslims (70.4%), high among poorest (64%), ST (69.3%) and illiterates (62.5%) (Manna et al., Vidyasagar University, 2011).
Poor coverage of health services by Management. Birth delivery garden hospitals (21% ); 31% home delivery takes place (RMP) Govt. set up ( 44%)(SCPCR & Action Aid 2016).
State intervention Upgradation of the Health Centers- Sick new born care unit (SNCU)/ New born care corner (NBCC)/ Basic Emergency Obstetric Care Center (BeMOC)
Status of child immunization is higher among literate mothers compared to illiterate mothers
Special Immunization sessions conducted by the State
Higher social barriers obstruct seeking immunization service – reported by 48% . Unethical pay cuts for claiming leaves deter uptake of immunization - reported by 21% (SCPCR & Action Aid 2016).
Huge knowledge – practice gap in access to ICDS service (SCPCR & Action Aid 2016).
Labour lines in tea estates have very low access to improved source of drinking water like tube wells

7. Key challenges in enforcement of PLA, 1951 – Development Issues
Situation in Tea Gardens:
School availability less than 50 %, most schools have 3 to 5 rooms, parents have no idea about RTE, ECCE and SMCs (SCPCR & Action Aid 2016).
Rate of school dropouts higher among SCs and STs (84.1 per cent), highest among STs (69.1 per cent) . Major causes of school dropout are poverty and closing of tea gardens (SCPCR & Action Aid 2016).
Increased closure of tea gardens lead to higher incidents of missing cases and migration (with incidence of trafficking)
females (70%; 66.7%) ;
adolescent girls (55%; 51.1%);
poorest families (40%; 57.8%);
school dropouts (87.5%; 97.8%);
ST children (55%; 66.7%) (SCPCR & Action Aid 2016).

8. Positive Interventions
Convergence of Departments to deliver the needful – 45 closed tea gardens identified
Government’s plan to club two of its most successful girl child schemes — Kanyashree and Sabla to enrol girls under Sabla to join Kanyashree scheme
The ration benefits through the managements are extended by the Government to the daily labourers at a subsidized rate
Child protection committees in each of the 49,000 villages in the state to look at various issues, including preventing child marriage, child trafficking and child migration
An Advisory Committee has been formed , headed by Secretary to the Labour Department in February 2015 who are looking into the Minimum Rates of Wages under the Minimum Wage Act
A strong Anti trafficking network of NGOs, Govt Depts. BSF and SSB, WhatsApp groups and Darjeeling District Child Rights Network Forum (DDCRN) has been formed, facilitating faster action and accountability
The West Bengal Task Force & State Plan of Action for rehabilitation of survivors of trafficking
ICDS centres and Mid Day Meal Schemes are under strict monitoring by the District Admin for spontaneity
Food Distribution programs by mobilizing CSR under the name – We Care Initiative
Personality building programmes & life-skill trainings for adolescents inclusive of Nature Study & Rock Climbing
Comprehensive surveys on social exclusion in West Bengal providing data beyond district averages for key human development indicators and access to basic services specifically in tea garden regions rolled out
Guidelines being framed to monitor the functioning of the Private Placement Agencies in the State
Plan of Action for Development of Women & Children in Tea Gardens initiated under leadership of DCDWD
District planning exercises planned for implementation & monitoring of equity focused programs in Tea Garden Districts
Swayamsiddha Programme to roll out in the Tea Gardens

9. Way Forward - Survival & Overall Development
Multi-pronged approach to tackle the multi-dimensional issue
Clarity in the role of different internal and external stakeholders and agencies
Wage and employment related issues of the plantation workers need to be addressed
Minimum Wage Committee needs to provide its recommendations for Tea Garden workers;
There is a need for up-scaling initiatives across the tea-garden community.
A District Missing Persons Unit (DPMU) with a web based computer programme and broadband connection for uploading the information on missing person has to set up in the district
Activation of the VLCPCs & CPCs specific to tea gardens on war footing
Setting up Neighbourhood Watch Groups in the vulnerable labour lines is recommended
Regularization of emergency healthcare, active referral system & adequate human resources.
AWCs with flexi hours for mothers working shifts.
Premix (micro-nutrients like iron, vitamin A and Iodine) needs to be used in Khichdi under SNP& IFA supplementation to be facilitated. Vitamin A enriched candy to be introduced in AWCs as done in other districts of the state

10. Way Forward – Survival & Overall Development
Ensure maintenance of WASH facilities and introduction of WASH programmes.
Clean drinking water through deep tube wells to be ensured
Attempts to be undertaken to bring funds from Rural Infrastructure Development Fund (RIDF) to supply drinking water
The coverage of Public Health Engineering (PHE) Dept. to extend the coverage of the rural areas in providing drinking water under the Piped water supply scheme (PWSS)
National Health Mission (NHM) to be universalized in all gardens
School Education Department (SED) to increase access to schools, provision quality teachers, keep PTRs & SCRs optimum & facilitate programs for out of school children, including SABLA with WCD support.
Remedial schools for drop-out is necessary
SED & SCPCR to monitor RTE compliance with support from district education authorities. Provision safe transport options/ programs for students.
Extend National Child Labour Project (NCLP), provide skill building & livelihood options to tackle child labour & trafficking.
New road construction under MGNREGA, transport development by PWD are to be ensured to reduce struggle of Tea Garden workers.

11. References…..
A Condition of Children in the Tea Gardens of Alipurduar district, West Bengal, WBCPCR & ActionAid, June 2016
Scoping mission to Jalpaiguri district to identify and strengthen Social Protection interventions for the Tea garden workers, 1- 3 February 2016; UNICEF & Planning Monitoring & Evaluation Officer, Assam
Studies by Columbia Law School, 2014
Studies by Pal and Goswami, West Bengal State University, 2014
Synopsis on Survey of Tea Gardens Conducted by Regional Labour Offices under jurisdiction of Joint Labour Commissioner, North Bengal Zone, May 2013
Tea Board
Study on Vulnerability of Children in Closed and Sick Tea Gardens in Jalpaiguri District, West Bengal ; A Collaborative Study By Save the Children, UNICEF & The Burdwan University , April 2012
Employment Status and Human Development of Tea Plantation Workers in West Bengal (NRPPD Discussion Paper), Namrata Thapa, 2012
Report on the working of the Plantation Labour Act, 1951 During the year 2009

12. Thank you