Assistant Registrar(LAW)

Fax No.: 011-2465 1332

Home Page : http://nhrc.nic.in

Case No. 65/3/0/2014-WCNATIONAL HUMAN RIGHTS COMMISSION

( L A W D I VI S I O N )

* * * MANAV ADHIKAR BHAWAN, BLOCK-C, G.P.O. COMPLEX,

INA, NEW DELHI- 110023

Dated 02/01/2015Case No.:- 65/3/0/2014-WC

To

LENIN RAGHUVANSHI, SECRETARY GENERALPVCHR COMMUNICATION,VARANASI, UTTAR PRADESH. 0

Sir/Madam,

With reference to your complaint dated 03/03/2014 , I am directed to inform you that theabove mentioned complaint along with the report received from the concerned authorities wereplaced before the Commission on 31/12/2014 Upon persuing the same, the Commission hasdirected as follows :-

This proceeding shall be read in continuation of the earlier proceedings of the

Commission dated 01.08.2014.

The complainant Lenin Raghuvanshi, a human rights activist in his complaint

dated 3.3.2014 has drawn the attention of the commission to the alleged trafficking

of girls and engaging them in tea plantation industries by payment of under wage

i.e. Rs. 94/- per day which is below the minimum wage prevalent in Assam.

According to the complainant, the alleged trafficking was made from Nahorani

Estate in Assam and then they are sold to a life of abuse as domestic servants. It is

further alleged that very big consortium of Companies such as Tetley's Parent

Company Tata Global Beverages was involved in the trade. Anti-Slavery

Campaigners say low wages help traffickers to take the girls away with the

promise of a better life elsewhere.

It is disclosed that an observer and guardian investigation set out to track the

traffickers from Assam to the National Capital Delhi. At least 21 people were

rescued in a series of raids. A rescued girl aged 19 year old Somila disclosed that

she had suffered serious abuse by her owner who allegedly bought her for 250

Dollars. But the Companies which are operating being members of the

Consortium flatly deny the allegation but the founder of Bachpan Bachao Andolan

child rescue movement has helped to free girls has also alleged that the said

Companies should take the responsibility. The reality according to the

complainant is otherwise because the International Tea Estates don't pay them the

minimum wages. Thus, the complainant seeks the intervention of the Commission

1 of 2Encl: As stated above.

to bring the traffickers to justice.

Pursuant to the directions of the Commission, a report dated 19.7.2014 from

Officer on Special Duty, Labour and Employment Department, Government of

Assam denying the allegations made by the complainant has been received.

According to the report even the rate of alleged wages of Rs. 94/- has been ratified

by the Government of Assam as minimum wages because the Government has also

taken into considerations the non statutory benefits provided in kinds such as food

grain ration. Dry tea ration, fire wood compensation as well as some plantation

Labour Act statutory such as Housing facilities, medical facilities, education

facilities, welfare facilities etc. The report further discloses that rates of wages for

unskilled workers in other 99 Scheduled employment is Rs. 147.80 per day, the rate

of wages paid to plantation workers inclusive of Plantation Labour Act statutory

benefits provided in kinds or otherwise amounts to Rs. 138.55 per day in

Brahmaputra Valley. In Barak Valley, the wages scenario is more pathetic with

the rates of wages fixed bi-bartitely at Rs. 70/- + similar benefits in kind.

The concerned authority has apprised that the Government of Assam has already

taken up these issues with General Secretary, Assam Chai Mazdoor Sangha (1),

Dibrugarh, the signatory of the bi-partite agreement on wages of tea garden

labourers.

The Commission has carefully considered the report. Let a status report on the

issue be submitted by officer on Special Duty, Labour and Employment

Department, Assam showing the outcome of the meeting between the Government

of Assam and Assam Tea Mazdoor Sangha i.e. signatory of Bi-partite Settlement.

Report within eight weeks.

Let a copy of the report be sent to the complainant for his information and

comments, if any, within the said period.

Pursuant to the above directions, I am enclosing herewith a copy of the report for furnishingyour comments, id any, by 06/03/2015 for consideration of the Commission.

Yours faithfully,

ASSISTANT REGISTRAR (LAW)

2 of 2Encl: As stated above.