ship breaking industry in india

90
DECENT WORK FOR SHIPBREAKING WORKERS (A study in Alang/Sosiya and Mazgaon) By S.M. Fahimuddin Pasha A dissertation submitted in the partial fulfillment of the requirements for the Degree of Master of Arts in Globalisation and Labour Centre for Labour Studies M.A. in Globalization & Labour School of Management and Labour Studies Tata Institute of Social Sciences Mumbai 400088 MARCH 2010

Upload: syed-fahimuddin-pasha

Post on 24-Oct-2014

166 views

Category:

Documents


5 download

TRANSCRIPT

Page 1: Ship Breaking Industry in India

DECENT WORK FOR SHIPBREAKING

WORKERS

(A study in Alang/Sosiya and Mazgaon)

By

S.M. Fahimuddin Pasha

A dissertation submitted in the partial fulfillment of the requirements for

the Degree of Master of Arts in Globalisation and Labour

Centre for Labour Studies

M.A. in Globalization & Labour

School of Management and Labour Studies

Tata Institute of Social Sciences

Mumbai – 400088

MARCH 2010

Page 2: Ship Breaking Industry in India

DECENT WORK FOR SHIPBREAKING

WORKERS

(A study in Alang/Sosiya and Mazgaon)

A dissertation submitted in the partial fulfillment of the requirements for the

Degree of Master of Arts in Globalisation and Labour

Submitted By

S.M. Fahimuddin Pasha

2008GL017

M.A. in Globalization & Labour

Under the guidance of

Dr. Sharit K. Bhowmik

Professor and Dean

School of Management and Labour Studies

Tata Institute of Social Sciences

Mumbai – 400088

MARCH 2010

Page 3: Ship Breaking Industry in India

i

CERTIFICATE

This is to certify that the dissertation entitled “DECENT WORK FOR

SHIPBREAKING WORKERS (A study in Alang/Sosiya and Mazgaon)” is the record

of the original work done by S.M. Fahimuddin Pasha under my guidance. The results

of the research presented in this dissertation have not previously formed the basis for

the award of any degree, diploma or certificate of this or any other university.

(Dr. Sharit K. Bhowmik)

Professor and Dean

School of Management and Labour Studies

(10th

March, 2010) Tata Institute of Social Sciences

Page 4: Ship Breaking Industry in India

ii

DECLARATION

I, S.M. Fahimuddin Pasha, hereby declare that this dissertation entitled „„DECENT

WORK FOR SHIPBREAKING WORKERS (A study in Alang/Sosiya and

Mazgaon)‟‟ is the outcome of my own study undertaken under the guidance of Dr.

Sharit K. Bhowmik, Professor and Dean of School of Management and Labour

Studies, Tata Institute of Social Sciences, Mumbai. It has not previously formed the

basis for the award of any degree, diploma or certificate of this or any other university.

I have duly acknowledged all the sources used by me in the preparation of this

dissertation.

10th

March, 2010 (S.M. Fahimuddin Pasha)

Page 5: Ship Breaking Industry in India

iii

ACKNOWLEDGEMENT

It is indeed a great pleasure to attribute my thanks and regards to the people who

bestowed the heartiest and kind guidance in helping me to develop this research report

that would not have been possible without the valuable inputs from different people in

terms of providing knowledge, information, support, help and time. At the outset, I

would like to extend my sincere thanks to the faculty of Tata Institute of Social

Sciences (TISS) who helped me in understanding about conditions of the working

class in the informal economy during the classroom teaching and field-based

assignments.

I am deeply indebted to my research supervisor Dr. Sharit K. Bhowmik, Professor

and Dean, School of Management and Labour Studies, TISS, Mumbai. This study

would not have turned out as it has without his able supervision.

I would like to express my gratitude to Mumbai Port Trust Dock and General

Employees‟ Union (MPTDGEU) for providing all the necessary support for this

research work. I am grateful to the veteran leader of Indian Trade Union Movement

and president of MPTDGEU Dr. Shanti Patel and General Secretary of the Union Adv.

S.K. Shetey, for their understanding and encouragement, which helped me to carry out

my research work successfully. It was a great learning experience for me to work

under their guidance. Also, I extend my gratitude to all the members and office

bearers of MPTDGEU especially Mr. Sudhakar Apraj, Mr. Vidyadhar Rane, Mr.

Maruti Vishwasrao, Adv. Jai Prakash Sawant and Mr. Vithoba Pawar, for providing

me supports in the field and giving me insights about their profession which added

value to this study and I sincerely express my gratitude to the General Secretary of

ASSRGWA, Mr. Vidyadhar Rane, for his unconditional and timely guidance and

support. His motivation and encouraging words shall always be a spirit of motivation

for me to do my best. I want to extend my sincere thanks to other office bearers of

ASSRGWA especially Mr. Vikas Nalawade, Mr. Shabbir Khalani and Mr. Ram Patel

for their affection and support throughout my study.

I am also thankful to our senior students especially Shahina Parveen, a research

scholar of TISS, whose deep understanding of the research helped me to formulate my

research in a better manner. At last but not the least I cannot forget to thank the

Page 6: Ship Breaking Industry in India

iv

shipbreaking workers in Alang/Sosiya(Gujarat) and Mazgaon(Mumbai) who not only

responded my questions but had to bear with my ignorance about field realities. A lot

of people have helped me in this endeavor. I apologies to those whom I failed to

mention.

Date: 10/03/2010 S.M.Fahimuddin Pasha

Page 7: Ship Breaking Industry in India

v

ABSTRACT

The study „Decent Work for the shipbreaking workers‟ (A study in Alang/Sosiya

and Mazgaon) is an attempt to assess knowledge about the areas where shipbreaking

workers are not getting the remedies of Decent Work. Decent Work is a concept

formulated by ILO in order to make the world of work, free from exploitation and

gender biasness by promoting rights at work, employment opportunity, social dialogue

and social protection. ILO is trying to cover the unorganized sector with the remedies

of Decent Work, so that the „bad jobs‟ of unorganized sector will become good jobs.

The shipbreaking activities in India shifted from the European countries in 1980s.

The industry not only explores the employment opportunities but also gives steel to the

country without causing depletion to the natural resources. Though this industry plays

a vital role in strengthening the economy, it has few drawbacks also. The main concern

is related with health, safety and environment. Shipbreaking activities have adverse

impact on environment. The work which is offered by this industry is dangerous and

peculiar in its nature. For making the industry less hazardous and environmental sound

management ILO, IMO and Basel Convention have come up with their guidelines. The

Supreme Court of India has also given its order in this regard.

Apart from India the ship dismantling is carried out in Bangladesh, China, Pakistan,

Turkey and Vietnam. The two main places in India where shipbreaking activities are

undertaken are Mazgaon (Mumbai) and Alang/ Sosiya (Mumbai). This study is based

on the survey of these two areas. In Alang and Mazgaon, the atmosphere of fear and

intimidation ensures that workers remain submissive. From drinking water to social

security measures, there are several issues which need to be addressed by suitable

interventions. The study compares the shipbreaking workers‟ conditions with the

decent work indicators by examining their conditions, and comes up with some

suggestions to improve the conditions of the workers.

Page 8: Ship Breaking Industry in India

vi

CONTENT

Certificate..............................i

Declaration...........................ii

Acknowledgement.................iii

Abstract.................................v

List of figures and tables.......vii

Appendix…………………....viii

Abbreviations .......................ix

Glossary................................xi

SECTION I INTRODUCTION 1-3

SECTION II REVIEW OF LITERATURE 4-27

II.1 Decent Work

II.2 Informal Sector

II.3 Guidelines for shipbreaking

II.4 Case studies of different countries

SECTION III OBJECTIVES AND RESEARCH METHODOLOGY 28-31

III.1 Objectives of the study

III.2 Research question

III.3 Research Methodology

III.4 Research Design

III.5 Area of the study

SECTION IV STRATIFICATION OF THE WORKERS 32-33

SECTION V FINDINGS 34-47

V.1 Analysis and Interpretation of Data

V.2 Major issues related with shipbreaking workers

V.3 Role of Trade Union

SECTION VI WORKERS AND DECENT WORK INDICATORS 48-53

SECTION VII CONCLUSION AND SUGGESTIONS 54-56

BIBLIOGRAPHY……………………………………………………………… 57-59

APPENDIX………………………………………………………………………..60-78

Page 9: Ship Breaking Industry in India

vii

LIST OF FIGURES AND TABLES:

A. FIGURES

Figure IV.1: Staff structure of the shipbreaking industry in India 32

Figure V.1: Categories of workers 34

Figure V.2: Migrant workers 35

Figure V.3: Working conditions of workers 36

Figure V.4: Management behavior 37

Figure V.5: Members of the Union 38

Figure V.6: Opinion about the existing Union 39

Figure V.7: Awareness of safety rules 40

Figure V.8: Availability of medical staff on work place 41

Figure V.9: Injuries of workers while working at plot 42

Figure V.10: Reason(s) for injury 43

Figure V.11: Getting money during scarcity 44

B. TABLES:

Table II.1: Workers of organised and unorganised sector in India 10

Table II.2: Hazards of shipbreaking industry 16

Table II.3: Year wise fatal accidents in Alang/Sosiya 27

Page 10: Ship Breaking Industry in India

viii

APPENDIX:

Appendix1: Geographical locations 60

Appendix2: Sample of an interview schedule 61

Appendix3: Order of the Supreme Court of India 67

Appendix4: Materials which are obtained while breaking ships 71

Appendix 5: Hazardous substances 72

Appendix6: Occupational diseases and accidents 73

Appendix7: Photographs related with the study 75

Page 11: Ship Breaking Industry in India

ix

ABBEREVIATIONS

ACM- Asbestos-Containing Materials

AERB- Atomic Energy Regulatory Board

ASSRGWA- Alang Sosiya Ship Recycling & General Workers Association

DWT- Deadweight Tons

ESM- Environmental Sound Management

GMB- Gujarat Maritime Board

HMS- Hind Mazdoor Sabha

HSE- Health, Safety and the Environment

HW- Hazardous Waste (Rule)

ICLS- International Conference of Labour Statisticians

IMF- International Metal Workers Federation

IMO- International Maritime Organization

IWPSR- Industry Working Party on Ship Recycling

MEPC- Marine Environment Protection Committee

MEPC- Maritime Environmental Protection Committee

MPTDGEU- Mumbai Port Trust Dock and General Employees‟ Union

NCEUS- National Commission for Enterprises for the Unorganised Sector

NGOs- Non-Governmental Organizations

NIOH- National Institute of Occupational Health

OECD- Organization for Economic Co-operation and Development

OSH- Occupational Safety and Health

PF- Provident Fund

PPEs- Personnel Protective Equipments

Page 12: Ship Breaking Industry in India

x

SC- Supreme Court of India

SMEFI- Steel Metal and Engineering Federation of India

SPCB- State Pollution Control Board

SRIA- Ship Recycling Industries Association (India)

UNEP- United Nations Environment Programme

UNEP- United Nations Environment Programme

WIEGO- Women in Informal Employment: Globalizing and Organizing

Page 13: Ship Breaking Industry in India

xi

GlOSSARY

Rs.

It refers to Indian rupees. The conversion of Indian rupees to US dollars is –

US$ 1 = Rs. 40-45.

Lakh

It is a unit in the „Indian Numbering System‟. An Indian lakh is equivalent to

hundred thousand.

Crore

It is a unit in the „Indian Numbering System‟. An Indian crore is equivalent to

ten million.

Chantiwala

The literal meaning of „Chantiwala‟ is a person who sorting out. The term uses

for the particular category of an unskilled worker in Alang/ Sosiya and

Mazgaon. They work in a group of 5-6 and collect only ferrous metal from the

vessels.

Begari

The term uses for the particular category of unskilled workers in Alang/Sosiya

and Mazgaon. They use to pick up small pieces of metal while cutting big

pieces of metal into small once and also involve in cleaning job of a particular

plot.

Greenpeace

It is an International activist group working on the issue of environment. They

raise voices against the toxic wastes causes due to dismantling across the

world including India.

Jodi

The literal meaning of „Jodi‟ is addition. They are manual workers who

perform their job in the group of 4-5 in the plot of Alang/ Sosiya and Mazgaon.

Their duty is to carry big ropes from one place to another and tight the vessels

with ropes and pull it.

Malpani

It is a term use for the particular category of unskilled workers in Alang/

Sosiya. There duty is to collect only non-ferrous metal from the vessels.

Page 14: Ship Breaking Industry in India

xii

Mukadam

Mukadam is a group leader in a particular plot of Alang/ Sosiya and Mazgaon.

Under his guidance, other workers perform their duty.

Shipbreaker

The term uses for the employer in shipbreaking industry. They get plot from

GMB and MBPT on lease, where ship dismantling is carried out.

Page 15: Ship Breaking Industry in India

1

SECTION I

INTRODUCTION

“Decent work1 for Shipbreaking workers” title that deals with the issue of

shipbreaking workers in the context of decent work components. „Decent work‟ is a

concept which is formulated by ILO in order to implement it in the working society so

that it could be free from the gender – bias, exploitation, vulnerable and pathetic

working condition. It also believes in generating employment opportunities for the

workers under a safe and hazardous free environment by promoting social dialogue

among the different stake holders in the world of work. According to the ILO Director

General Juan Somavia, “The primary goal of the ILO today is to promote

opportunities for women and men to obtain decent and productive work, in conditions

of freedom, equality, security and human rights” (ILO, 1999).

There are four important components of decent work which are as follow

Right at work

Employment opportunity

Social Dialogue

Social Protection

Apart from the above components decent work deals with other several issues

such as unemployment, vulnerable working conditions, lack of voices of working

class, insecurity, gender bias etc.

India is a country having more than 115 crore population where almost 40 crores

are working population. According to the 61st round of National Sample Report 2005,

92% of the workforce is in unorganised sector where they are not getting adequate

social protection and not having collective voices too. Whereas for only 2.8 crore

1. The term „decent work‟ was introduced in 1999 in the report of the Director General to the International Conference meeting in

its 87th Session.

Page 16: Ship Breaking Industry in India

2

(NSS-2005) workers for organised sector there are more than 65000 trade unions are

working. In India Trade Union movement is facing is undergoing a crisis such as

The role of trade Union is mainly limited to the organised sector workers. It is

one of the major challenges for the trade union to unionise the unorganised

sector workers.

Mushrooming of so many trade unions in India also hampers the workers

agenda and causes division among them.

Not having adequate representation of women and youth in trade union

movement.

Implementation of decent work remedies for the informal workers where the

nature of work is very much peculiar and harsh.

Shipbreaking industry is also not free from the characteristics of the informal

economy. Shipbreaking is a recycling industry that dismantles old ships to recover

steel scrap and other materials. It can be conducted at a beach, pier, dry dock or

dismantling slip. Steel continues 90% in terms of value and other materials (machine,

equipment, furniture and fittings, and so on) constitute the remaining 10%.

Shipbreaking is a challenging process involving a complexity of issues like ecology,

environment, labour, health and safety. This industry generally recognized as a

hazardous industry, mainly concentrated in the developing countries of Asia. Ship

breaking industry shifted from high income countries (in the 1960s) to middle income

countries (in the 1980s and 1990s). This is due to the growing awareness and concern

on the environment and stringent regulations followed in developed countries and the

availability of the cheap labour, poverty and less stringent norms or legislation

pertaining to environment in developing countries. According to the Commission of

the European Communities (2005) the Countries where shipbreaking are carried out

are India (42%), Bangladesh (23%), China (15%), Pakistan (8%), Turkey (1%),

Vietnam (1%) and others 10(%).

An average of 700 ships are taken for dismantling every year the world over and

about 350 to 450 ships are scraped in India. Alang and Sosiya (Gujarat) and

Darukhana (Mumbai) are the two important places in India where shipbreaking

Page 17: Ship Breaking Industry in India

3

activities are carried out. A part from these places there are other places in India also

where the ship dismantling are happening in a very small extent Tadri and Maipe

(Karnatka), Baypore (Kerala), Vishakhapatnam (Andhra Pradesh), Valinokan and

Tuticorn (Tamil Nadu). In India more than 60000 people directly and almost 100000

indirectly are getting livelihood from this particular industry. In fact Alang- Sosiya is

the largest yard of the world that consists 183 shipbreaking yards. It is stretching to

distance of 15 kilometers and with the capacity to break Very large Crude carrier and

Ultra Large Crude Crarrier vessels, a facility unavailable elsewhere. Mazgaon consists

19 plots and comparatively smaller than Alang/Sosiya.

The majority of shipbreaking workers are migrant workers and coming from

different weaker states of India such as Bihar, Uttar Pradesh, Jharkhand, Orissa and

Chhattisgarh. They hire either on a daily or monthly basis, or a contract basis without

any written contract of employment. It shows that they do not have any job security.

They are mostly uneducated, relatively young between 19 and 45, and mostly male.

Women workers are only 3% and they have no particular skill. Workers

categorization is based on the different stages of shipbreaking from gas cutter to

unskilled workers. They use to live in small and clumsy rooms which are made up of

asbestos, plywood, metal sheets in a very pathetic condition. They are subjected to

various occupational diseases and other diseases because of their working condition

which is very much hazardous and unsafe in nature. Medical expenses and social

security are not considerd as employers‟ responsibility and these practices are totally

based on shipbreakers‟ whim and ways. Even they are not getting the basic facilities

such as drinking water and toilet. They do not come under the labour legislation and

also not getting the benefit of P.F and insurance. So we can say that shipbreaking

workers are leading a vulnerable life because of hazardous and peculiar nature of their

job. This study will try to explore the reasons for not getting the remedies of decent

work to the shipbreaking workers and also give suggestion in this regard

Page 18: Ship Breaking Industry in India

4

SECTION II

REVIEW OF LITERATURE

Review of literature has been synthesized in the following four sections. In the

first section “decent works” its components, agenda and indicators have been

discussed from the different literatures. The second section has dealt with the informal

economy in special reference to Indian context. “Guidelines” regarding safety and

security for the shipbreaking workers have been reviewed in the third section which

has been suggested by various renowned national and international organizations such

as ILO, IMO, Basel Convention, Supreme Court of India and Gujarat Maritime

Board. And In the last section case study of the various countries where the ship

dismantling process is carried out including India have been reviewed.

II.1 Decent work

Decent work deals with several issues such as unemployment, vulnerable

working conditions, lack of voices of working class, insecurity, gender bias etc. ILO

is trying to promote decent work in all the countries of the world because it believes

that poverty anywhere is a threat to prosperity everywhere. The primary goal of the

ILO today is to promote opportunities for women and men to obtain decent and

productive work, in conditions of freedom, equality, security and human rights

(Somavia, 1999). This decent work agenda is or not only for formal sector worker but

also for unregulated wage workers, self employed workers and home based workers

those who work in the informal sector (Ghai, 2003)

II.1.1 Dimension of decent work

Anker et al. (2002) has given six important dimensions of decent work which he

derived from the statement of Somavia.

Opportunities for all to find any kind of work, including self-employment,

family work, and wage employment in both the informal and formal sectors.

Freedom of choice of employment, i.e. excluding forced, bonded and slave

labour and unacceptable forms of child labour.

Page 19: Ship Breaking Industry in India

5

Productive work, providing adequate incomes and ensuring competitiveness.

Equity in work, including absence of discrimination in access to and at work.

Security at work, as far as health, pensions and livelihoods are concerned.

Dignity at work, not only in the respect that is extended to workers, but also in

their freedom to join organizations which represent their interests and to voice

concerns and participate in decision making about working conditions.

II.1.2 Decent work Agenda

Dharam Ghai (2003) has asserted about the four main strategic objectives of

decent work which is obtain by ILO.

Fundamental principles and rights at work and international labour standards

The ethical and legal framework for all elements of decent work is carried out by

fundamental principles and rights at work and international labour standard. Their

objective is to ensure that work is associated with dignity, equality, freedom, adequate

remuneration, social security, voice, representation and participation for all categories

of workers. ILO declaration on Fundamental Principles and Rights at Work in 1998,

insisted on four major areas which are freedom of Association (collective bargaining),

forced labour, discrimination (at work) and child labour. These rights are considered

so basic that their acceptance is regarded as a prerequisite of ILO membership.

Certainly, they form the core of the rights component of decent work.

Employment and work

Employment is a vital component of decent work. It refers not just to wage jobs

but to work of all kinds– self-employment, wage employment, work from home, full-

time, part-time, casual work and to work done by women, men and children. For

decent work to obtain, certain conditions must be satisfied such as adequate

employment opportunities, adequate remuneration, no discrimination on the basis of

sex, gender, region and minorities, protection against accidents, unhealthy and

dangerous working conditions, and excessively long hours of work, right of collective

bargaining with intervention of state and an essential minimum of social security.

Page 20: Ship Breaking Industry in India

6

Work that meets these conditions is a source of dignity, satisfaction and fulfillment to

workers. It motivates them to give their best efforts and contributes to harmonious

working relations, political stability, economical growth and strengthening the

democracy.

Social protection

It is said that there are six major contingencies in the life of a person which may

affect the person‟s earning capacity. They are sickness, accident, maternity,

unemployment, old age and death. Apart from these contingencies there are other

situations also like destitution, extreme economic fluctuations, natural disasters and

civil conflicts that cause vulnerabilities for the bread winners and their dependents.

So, it is very clear that a person who is the breadwinner of the family requires social

security against a variety of contingencies and vulnerabilities. A sound social

protection strategy should also address the needs of vulnerable groups such as

orphaned or abandoned children, single mothers, female-headed households, widows,

old persons in need and the disabled. They should promote health, confidence and a

willingness to accept technical and institutional innovations for higher productivity

and growth.

Social dialogue

It is defined by the ILO to include all types of negotiation, consultation or simply

exchange of information between, or among, representatives of governments,

employers and workers, on issues of common interest relating to economic and social

policy. It can exist as a tripartite process, with the government as an official party to

the dialogue or it may consist of bipartite relations only between labour and

management (or trade unions and employers' organisations), with or without indirect

government involvement. ILO conventions freedom of association is related with the

social dialogue. It provides voice and representation to participants in the production

process. In this way it is a vital element in a representative and participatory

democracy. The main goal of social dialogue itself is to promote consensus building

and democratic involvement among the main stakeholders in the world of work.

Apart from the four above strategies Ghai (2003) also explored the indicators of

the decent work. He asserted that, “A different approach used by some analysts is to

Page 21: Ship Breaking Industry in India

7

classify decent work into eleven measurement categories: employment opportunities,

acceptable work, adequate earnings and productive work, decent hours, stability and

security of work, balancing work and family life, fair treatment in employment, safe

work environment, social protection, social dialogue and workplace relations, and the

economic and social context of decent work.

He also said that decent work can measured at three different levels- the macro

(national), meso (enterprise) and micro (individual) level which is very much related

with the four strategies of decent work. Karuvilla (1996) categorized the countries on

basis of the freedom of association – category A (Independent, Trade union is free

from the government control), category B (Unclear, some degree of government

control on trade union) and Category C (Not Independent, not free from the

government control or there is only one Government friendly federation). Authors

(Sen 2000; Saget 2001; Ghai 2003;) agreed that there is lack of income and

employment opportunities, insufficient social protection, lack of safety at work place

and unhealthy working conditions for informal sector workers.

II.2 Informal sector

The most visible occupational group that work on the streets or in the open air

belong to Informal economy. In developing countries city streets and village lanes and

in many developed countries are lined with barbers, cobblers, rag pickers, vendors,

hawkers and many others are part of the informal economy. Even in rural area a large

section of workforce earn their livelihoods working on farm, making handicraft, cattle

farming, collecting and processing minor forest farms. They all consider in informal

sector. The term “Informal sector” had been coined by a British economist, Keith

Hart in 1971. He used this term while doing his study of „Economic activities in

Urban Ghana‟ (Keith Hart 1973). Officially the concept of „informal sector‟ was used

in the Kenya Employment Mission in 1972. It had been recognised that the traditional

sector should not be persisted but had expanded to include profitable and efficient

enterprises along with marginal activities. So instead of using „traditional sector‟ it

was decided to use the term „informal sector‟.

II.2.1 Features of Informal economy

Page 22: Ship Breaking Industry in India

8

ILO and WIEGO (2003)2 explored the new definition of Informal economy that it

comprised all forms of informal employment- that is informal without contracts,

workers benefits or social protection- both inside and outside informal enterprises,

including self employment in informal enterprises, wage employment in informal

firms and industrial outworkers. The above definition comprises the features of

informal economy which are as follow-

Self-employment in informal enterprises: workers self employee in unregistered

enterprises, engage in own small trade, operate farm, either own account operators

including unpaid family workers.

Wage employment in informal jobs: workers employing for remuneration through

direct employer or contractor or agencies without having social protection, formal

contracts and worker benefits. Domestic workers, unregistered or undeclared workers

and temporary or part-time workers comprises in this category of Informal economy.

Industrial outworkers: They are mainly unprotected wage workers in the formal

sector. Though they work in formal sector but come under informal sector because

they do not get any legal remedies like formal sector‟s workers.

Over the years, there are the crystallized debates on „informal sector‟ regarding

its existence and relation with formal sector. It has been said that there are three

importantschools of thoughts on this particular sector (Martha Alter Chein, 2004).

They are as follows-

The dualist school - This school was popularised by the ILO in the 1970s, with the

notion that the informal sector is comprised of marginal activities. It provides income

for the poor and a safety net in times of crisis. According to the thinkers of this school

(Hart 1973; ILO 1972; Sethuraman 1976; Tokman 1978), due to high growth of

population (surplus labour) or slow rate of economic growth persist the informal

activities.

The structuralist school- This school of thought is subscribed to the notion that the

2. In 2003, the ICLS expanded the definition to include informal employment outside of informal enterprises.

Page 23: Ship Breaking Industry in India

9

informal sector should be seen as subordinated economic units of formal sector. The

proponents of this school (Caroline Moser; Alejandro Portes and others) said that it

help large capitalist firm in order to reduce input and labour cost. In the structuralist

model various modes of production are seen not only to co-exist but also to be

inextricably connected and interdependent (Moser 1978; Castells and Portes 1989).

The legalist school- This school is popularised by Hernando de Soto in the 1980s and

1990s, with the notion that the informal sector is comprised of micro-entrepreneurs.

So, that costs, time and effort of formal registration can be avoid (de Soto 1989). de

Soto et al, insisted that unreasonable government rule and regulation stifle private

enterprise. He also stated that micro-entrepreneurs will continue to produce

informally so long as government procedures are cumbersome and costly.

Structural adjustment during the economic crisis is also responsible for the

expansion of informal economy. This feature has been highlighted in the Latin

American economic crisis (Tokman; 1992) and Asian crisis (Lee; 1998). When

private firms or public enterprises are downsized or closed, the workers who

retrenched do not able to find new formal jobs. So they have to turn to the informal

economy for their livelihood (Martha Chein; 2006).

Informal economy is one of the important features of the developing countries.

Informal employment is comprises 48 percent in North Africa, 51 percent in Latin

America, 65 percent in Asia and 72 percent in sub- Saharan countries. And they

mainly comprises in agriculture sector.

II.2.2 Informal Sector in India:

In the Indian context the informal employment and informal economy are lacking

in the conceptual clarity. According to the Central Statistical Organizations the term

Organised enterprise is used for the small unit of manufacturing sector with ten or

more workers with powers or 20 workers without power. However this definition

doesn‟t cover the various aspect of unorganised sector. A new definition was

propounded by NSSO, "The unorganised sector consists of all unincorporated private

enterprises owned by individuals or households engaged in the sale and production of

Page 24: Ship Breaking Industry in India

10

goods and services operated on a proprietary or partnership basis and with less than

ten total workers". Unorganised or informal employment can also defined as

"Unorganised workers consist of those working in the unorganised enterprises or

households, excluding regular workers with social security benefits, and the workers

in the formal sector without any employment/ social security benefits provided by the

employers". The above two definitions give the contrast between the informal sector

and informal work.

The data related with the labour force in India which comprises informal and

formal sector are as given in table

Table II.1: Workers of organised and unorganised sector in India

Agriculture Non Agriculture All

Organised Unorganised Total Organised Unorganised Total Organised Unorganised Total

SE 2.3 163.9 166.2 2.9 89.2 92.1 5.2 253.1 258.2

RW 1.2 1.6 2.8 41.9 24.8 66.7 43.2 26.4 69.5

CW 2.5 87.4 89.9 11.7 28.1 39.8 14.2 115.5 129.7

Total 6.1 252.8 258.9 56.5 142.1 198.5 62.6 394.9 457.5

Note: Number of workers in (Million) SE = Self –employed, RW= Regular Worker, CW=Casual Worker.

Source: National Sample Survey 61st Round 2004 – 2005

The above data shows that the total workforce in India is 457.5 million where

394.9 million are from unorganised sector that comprises 92% of the total workforce.

And day by day this unorganised sector is expanding. The Informal economy in India

is playing a vital role in order to provide livelihood to a large section of the working

class as well as contributing in National Domestic Product that comprises almost 60%

share in it (NCEUS 2007).

In Indian Constitution there is overreaching framework to secure the rights of

workers and give them security against the exploitation. Apart from Fundamental

rights and Directive Principles there are few Central laws also that regulate the

Page 25: Ship Breaking Industry in India

11

working conditions of workers in the unorganised sector which comprises in three set

of group as follow (NCEUS 2007)-

a) Laws which apply to all sections of the unorganised sector labour

The Equal Remuneration Act, 1976

The Bonded Labour System (Abolition) Act, 1976

b) Laws which apply to some sections of the unorganised sector labour

Minimum Wages Act, 1948

Child Labour (Prohibition and Regulation) Act, 1986

Dangerous Machines (Regulation) Act, 1983

The Employment of Manual Scavengers and Construction of Dry

Latrines (Prohibition) Act, 1993

Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979

Motor Transport Workers Act, 1961

Sales Promotion Employees (Conditions of Services) Act, 1976

Trade Unions Act, 1926

c) Laws which can be extended to the Unorganised Sector Labour

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

Payment of Wages Act, 1936

The Building and Other Construction Workers (Regulations of

Employment and Conditions of Service) Act, 1996.

The Contract Labour (Regulation & Abolition) Act,1970

The Maternity Benefit Act, 1961

Page 26: Ship Breaking Industry in India

12

Workmen's Compensation Act, 1923

Weekly Holidays Act, 1942

National Commission on Labour has described 106 categories of workers

including agricultural workers, agarbatti makers, beedi rollers, construction workers,

home-based workers, rickshaw pullers, street vendors, shipbreaking workers and so

on in the informal sector in India. Shipbreaking Industry comprises in informal sector,

so the workers belong to shipbreaking industry automatically come under the

Informal economy.

II.3 Guidelines

This section of the dissertation has been dealt with the guidelines given by the

various national and international renowned organizations- ILO, IMO, Basel

Convention and Honorable Supreme Court of India. These guidelines mainly

concerned with the issue of health and safety of shipbreaking workers as well as

define the shipbreaking industry and responsibilities of various stakeholders of the

industry. The guidelines of the above renowned organization are as follow-

II.3.1 ILO guidelines

ILO guidelines namely “Safety and health in shipbreaking Guidelines for Asian

countries and Turkey” came with the notion for making a framework that can prevent

the shipbreaking workers from the health hazard and accident, so the concept of safe

work place can be achieved. In November 2002, when the 285th

session of the

Governing body of ILO was held during that time it was decided to organize a

meeting of Experts on Safety and Health in Shipbreaking for Selected Asian

Countries and Turkey. And that meeting was held during 7 to 14 October 2003 in

Bangkok, Thailand, where the above guidelines were adopted by the Interregional

Tripartite body comprises representatives of government, employer and employee of

five different countries: Bangladesh, China, India, Pakistan and Turkey. Apart from

the above representatives technical specialists from major ship-owning countries and

observers were also presented.

Page 27: Ship Breaking Industry in India

13

These guidelines are applicable to all those government authorities, workers and

employers organizations and industry associations, whose activities influence the

safety, health and welfare of persons engaged in ship-breaking. (ILO- guidelines, page

2). The main objectives of these guidelines are to provide protection to shipbreaking

workers from workplace hazards and to facilitate the improved management of

occupational safety and health by establishing a coherent national policy and

principles in this regard. It has been also suggested to improve knowledge and

competence for Occupational Safety and Health (OSH). There are lots of concerns

regarding this industry; in general these concerns are focus on two main areas- health

and safety of workers and environmental issues.

It is said by ILO that, “These International Labour Organization (ILO) guide-

lines are the first of their kind to provide assistance to ensure safe work in

shipbreaking within the framework of the ILO‟s decent work agenda. In so doing they

provide advice on the transformation of a mainly informal economy activity into a

more formal organised one”.

The above statement shows that ILO is very much committed for providing the

decent work remedies to the shipbreaking workers. Along with decent work there are

other foremost areas also which are covered by ILO guidelines; responsibilities of

concerned authorities, legal framework, responsibilities of various stake holders (such

as employers, suppliers, manufacturers and designers) of the Industry and rights of

workers. These guidelines also suggested the definition of shipbreaking industry and

concerned with the issues of occupational safety and health management.

ILO in its guidelines has explored the few major challenges for the shipbreaking

activities (ILO guidelines, page 4) that these activities is one of the most hazardous

occupations in the world and mainly it is not covered by labour laws because

generally the locations where ship dismantling has been carried out make the

enforcement of laws and regulations difficult. Even the temporary establishment of

the shipbreaking site also make difficult to enforce the International Labour Standard

of the ILO.

Regarding safety and health in shipbreaking ILO guidelines has been suggested

that in the future, all ships should carry a “green passport” which would follow a ship

Page 28: Ship Breaking Industry in India

14

from the day it was built. And authorization certificate for dismantling the ship will be

given to which are safe for breaking (ILO guidelines, page 51).

„Certificate for Dismantling‟ comprises the following information

An updated list of hazardous substances and wastes on the ship to be

dismantled provided by the ship owner in accordance with the Basel

Convention and the ICS Industry.

Ensuring on the part of owners, brokers and breakers that a ship to be

dismantled is decontaminated and gas free for hot work.

The relevant information (drawings, etc.) which is necessary for the

development of a safe shipbreaking plan.

OSH management systems that cover safe operations in the ship, the breaking

facility and the surrounding area.

Implementation of relevant conventions and documents on OSH, working and

living conditions and the environment in the shipbreaking industry.

Provision of appropriate housing, welfare and sanitary facilities for all

workers.

ILO guidelines (Ibid, page-7) have thrown light on Occupational hazards in

Shipbreaking operations that cause injuries, ill health and death of workers. These

include hazardous exposures generated by asbestos, PCBs, heavy metals, chemicals,

excess noise and fire. The main reasons behind the occupational hazards are

inadequate workers training program and lack of PPEs.

Page 29: Ship Breaking Industry in India

15

ILO guideline has given a list of various hazards related to the shipbreaking Industry.

We can understand that hazards by the following given chart-

Table II.2: Hazards of shipbreaking industry

Hazards with the potential of causing accidents

Fire and explosion: explosives, flammable

materials

Falling objects

Trapping or compression

Snapping of cables, ropes, chains, slings

Heavy objects

Access in progressively dismantled

vessels (floors, stairs, passageways)

Electricity (electrocution)

Poor illumination

Falls from height inside ship structures

or on the ground

Moving objects

Wet surfaces

Sharp objects

Oxygen deficiency in confined spaces

Lack of PPE, housekeeping practices,

safety signs

Shackles, hooks, chains

Cranes, winches, hoisting and hauling

equipment

Hazardous substances and wastes

Asbestos fibres, dusts

Heavy and toxic metals (lead, mercury,

cadmium, copper, zinc, etc.)

Organometallic substances (tributyltin,

etc.)

Lack of hazard communication (storage,

labelling, material safety data sheets)

Batteries, fire-fighting liquids

PCBs and polyvinyl chloride (PVC)

(combustion products)

Welding fumes

Volatile organic compounds (solvents)

Inhalation in confined and enclosed

spaces

Compressed gas

Physical hazards

Noise

Extreme temperatures

Vibration

Radiation (ultraviolet, radioactive

materials)

Mechanical Hazards

Trucks and transport vehicles

Scaffolding, fixed and portable

ladders

Power-driven hand tools, saws, grinders

and abrasive cutting wheels

Failure of machinery and equipment

Poor maintenance of machine and

equipment

Lack of safety guards in machines

Sharp-edged and other tools

Structural failure in the ship

Page 30: Ship Breaking Industry in India

16

Biological hazards

Toxic marine organisms

Risk of communicable diseases

transmitted by pests, vermin, rodents,

insects and other

animals that may infest the ship

Animal bites

Vectors of infectious diseases

(TB, malaria, dengue fever, hepatitis,

respiratory infections and others)

Ergonomic and psychosocial hazards

Repetitive strain, awkward postures,

repetitive

and monotonous work, excessive

workload

Long working hours, shift work, night

work, temporary employment

Mental stress, anti-social behavior

(aggressive behavior, alcohol and drug

abuse, violence)

Poverty, low wages, under-age workers,

lack of education and social environment

General concerns

Lack of safety and health training

Inadequate housing and sanitation

Inadequate accident prevention and

inspection

Poor work organization

Inadequate emergency, first-aid and

rescue facilities

Lack of medical facilities and social

protection

Sources: ILO guidelines

ILO has also suggested various measures against the above hazards for achieving

the target of safe work place for shipbreaking workers and it can be possible if the

stakeholders of the industry will show their interest and effort to implement these

guidelines.

II.3.2 IMO guidelines

International Maritime Organization is the specialized agency of United Nation

which is responsible for improving maritime safety and preventing pollutions from

ships. IMO came with the guidelines namely „IMO guidelines on ship recycling‟

which was adopted on 5th

December 2003. The main objectives of these guidelines to

give guidance to all the stakeholders in the ship recycling process comprises flag,

port, recycling states, supplying countries, relevant intergovernmental organizations

and commercial bodies also (IMO guidelines, page- 5).

Page 31: Ship Breaking Industry in India

17

These guidelines encourage ship recycling because it is the best means for the

disposal of old ships. It provides guidance for recycling the ship and encourages the

stakeholders of the industry to address the issue of ship dismantling by fostering the

co operation among them. These guidelines also given the definition of various term

related to the shipbreaking industry such as- (IMO guidelines, page- 7)

Administration – The Government of the state under whose authority the ship

is operating.

Hazardous material- Those materials possessing harm to human health or the

environment identified in the IMDG code, the Basel Convention, or other

international authorities or instruments.

New ships- Those ships for which the building contract is placed on or after

31 December 2003. If the building contract is not available then the keel of

which is laid or which is at a similar stage of construction on or after 30 June

2004. And also the delivery of which is on or after 31 December 2006.

Organization- International Maritime Organization

Recycling facility- It means a site, yard or facility used for the recycling of

ships which is authorized or permitted for this purpose by the competent

authority of the State where the site, yard or facility is located (Recycling

State).

Ship- It means a vessel of any type whatsoever operating in the marine

environment and includes hydrofoil boats, air-cushion vehicles, submersibles,

floating craft and fixed or floating platforms and a vessel that has been

stripped of equipment or is towed.

Shipowner- It means the person or persons or company registered as the owner

of the ship or, in the absence of registration, the person or persons or company

owning the ship3.

3. See detailed definition in the IMO guidelines in ship recycling, page-7.

Page 32: Ship Breaking Industry in India

18

Ship Recycling- It is related with all associated operations including, mooring

or beaching, dismantling, recovery of materials and reprocessing.

Apart from the definition of above terms, these guidelines focused on various

important issues such as identification of hazardous materials, green passport4,

procedures for existing ship related to ship recycling, role of the stake holders and

other bodies, technical cooperation and many more. So, we can say that these

guidelines is related with the life cycle of ships from makers to breakers and give

suggestion to ensure that full account is taken of all relevant environmental, health

and safety issues by fostering the spirit of cooperation among the recycling state.

Recently an IMO convention was held for the safety and environmental issues related

with ship dismantling in the Hong Kong namely “The Hong Kong International

Convention for the Safe and Environmentally Sound Recycling of Ships, 2009”.

During the convention a series of guidelines have developed and six resolutions have

also passed which are related with technical support, monitoring, ESM, future work

and others.

I.3.3 Basel Convention

The Basel Convention on the „Control of Transboundary Movements of

Hazardous Wastes and Their Disposal, a technical guidelines for the environmentally

sound management of the full and partial dismantling of ships‟ was adopted in

December, 2002. The convention was held in Geneva, Switzerland. The main goal of

this Convention is to protect human health and the environment against adverse

effects caused by the handling, transboundary movements and disposal of hazardous

and other wastes. The Guidelines of the convention provide information and

recommendations on procedures, processes and practices that must be implemented to

attain Environmental Sound Management (ESM) at facilities for ship dismantling.

According to the guidelines the ESM define as, "Environmentally sound

management of hazardous wastes and other wastes" means taking all practicable steps

to ensure that hazardous wastes or other wastes are managed in a manner which will

4. Green Passport is a document providing information with regard to materials known to be potentially hazardous utilized in the

construction of the ship, its equipment and systems and always accompanied the ship throughout its operating life, ibid, page-8.

Page 33: Ship Breaking Industry in India

19

protect human health and the environment against the adverse effects which may

result from such wastes.”5

The main concerns related to these guidelines are to find out the specific

challenges for ship breaking activities, identifying the potential contaminants of

releases, to set the standard or limit for reducing the accident and preparedness of

contingencies. In addition concern including environmental impacts, occupational

safety and health. In terms of environmental impacts the shipbreaking industry affects

the local surrounding and society. The various activities such as discharge and

emissions to sea, sediments, ground and air creates a threat to all leaving creatures.

Occupational safety is also one the major challenges, threatened by the lack of

basic precautions and not having proper guidelines in this regard. It represent element

of risk which cause accident in work place and also have adverse impact on the health

of workers as well as local community. The harmful substance such as PCB, PAH,

heavy metals and asbestos present in the most of the vessels and causes severe health

problems and can be passed on to following generation. So, the intention of these

Technical Guidelines is to provide guidance to shipbreaking countries for the safety,

health and Environmentally Sound Management (Basel convention guidelines, page -

11).

These guidelines also give brief information regarding the perceived roles of the

involved agencies and bodies which are as follow (Ibid, 15)-

IMO- This body is overall responsible for coordinating issues related with ship-

recycling and monitoring issues arising during ship design, building and operation

which may have an impact on recycling.

ILO- The body is responsible for establishing its already existing standards and

recommendations to take the lead on working conditions and operation in shore-based

industries involved in ship-recycling.

5. Environmental sound Management has defined in the Article 2.8 of the Basel Convention.

Page 34: Ship Breaking Industry in India

20

UNEP- The Basel Convention is recognizing the limited application of the

convention to the vast majority of ships which are recycled. They have to concentrate

on the identification and safe handling or disposal of hazardous wastes.

The 1972 London Convention- It‟s monitoring the disposal of ships at sea and

encouraging recycling as the preferable option. Scientific Group of the convention

has developed the criteria to assess ships for disposal at sea.

The Shipping Industry- It has prepared an “Industry Code of Practice on Ship

Recycling” and works with Classification Societies in improving plans to

decommission ships in a safe and environmentally sound manner.

Environmental groups- These agencies are continuing to monitor and report on ship-

recycling issues in a responsible manner.

States- The state is responsible to develop or adopt or enforce the international

standard within the appropriate International organization related to ship recycling.

It can be said that guidelines which came in Basel Convention are landmark for

stakeholders of the ship recycling industry. It raises the concern related with

transboundary movements of hazardous waste and also deals with the Environmental

Sound Management within the international standard in shipbreaking.

II.3.4 JOINT ILO/IMO/BC WORKING GROUP ON SHIP SCRAPPING

„Joint ILO/IMO/BC group on ship scrapping‟ convention was held during 15 to

17 February 2005 at the headquarters of the International Maritime Organization. The

main area of the concern of Joint ILO/IMO/BC convention working group is to

examine the three existing guidelines with a view to identify any possible gaps,

overlap or ambiguities and to develop joint understanding to promote the

implementation of the relevant guidelines on the ship dismantling (Joint ILO/IMO/BC

guidelines, page 18).

In addition concern including to propose guidelines for promoting

environmentally sound management (ESM) with the consideration of three agencies.

It has been also discussed the responsibility of the flag states for assuring the ESM

and to develop the reporting system for ships destined for dismantling.

Page 35: Ship Breaking Industry in India

21

As earlier mentioned that joint ILO/IMO/BC group on ship scraping also pointed

out the gaps, overlaps and ambiguities of the guidelines which are given by the three

above apex body separately are as follow (Joint ILO/IMO/BC guidelines, page 3) -

IMO

IMO guidelines are not able to give suggestion for ensuring the ESM in ship

recycling and primarily based on the selection of the recycling facility only. Here

most responsibility is placed on the shipbreaking state. It is also not able to

incorporate the guidelines related to prior written and notification consent into the

ship recycling.

Basel Convention

The guidelines which came in Basel Convention don‟t give any suggestion that

how to reduce hazardous materials onboard a ship and it mainly focused on

environmental issues only. The concept of „model facility‟ in these guidelines is also

one of the major drawbacks of the Basel Convention guidelines because its

implementation is very difficult.

ILO

ILO guidelines omit to mention the responsibilities of the ship owner and do not

address the interaction between a shipowner and recycling facility in ensuring the

Certificate of dismantling and green passport. The suggested model for shipbreaking

and zoning of ship dismantling areas only refers to beach facilities.

Because of having few loop holes in the above guidelines the joint IMO/ILO/BC

convention suggested few practical measures for all stages of the ship recycling

process such as new ship and equipment should design to minimize the use of

hazardous materials and waste generation. Green passport should be prepared for new

and existing ships and assured the role of the stakeholders including flag, port and

recycling states, the Basel Convention, the ILO and the shipping industry.

II.3.5 Supreme Court order

Page 36: Ship Breaking Industry in India

22

Supreme Court is the apex judicial body of India. The Hon‟ble

Supreme Court came up with an order on 14th

October 2003 for the ship breaking

industry. The background of this order was that an NGO namely Research Foundation

for Science, Technology, and National Resources Policy filed a case against Common

Hazardous Industries for management of hazardous waste management and import of

hazardous materials in 1995. To examine the matter Supreme Court had appointed

High Power Committee (HPC) and in that way Ship Recycling Industry was also

included in 2000 for the examination. After the examination, HPC submitted their

report to Supreme Court in 2001 and on that basis Supreme Court issued an order

directing various stakeholders to play their role for the sustainable growth of the

Shipbreaking Industry.

The gist of Supreme Court order is as follow

Requisite authorities should state that the ship that arrives at port it does not

contain hazardous waste or radioactive substance.

Ship should be properly decontaminated by ship owner and get ensured by

State Pollution Control Board (SPCB).

Hazardous and Non Hazardous wastes should be classified.

Disposal of wastes as per their properties and Issuance of Authorization under

Hazrdous Waste Rules to the ship Recycler.

Safely disposal of waste oil, sludges and paints chips.

Immediate ban on open burning of waste on the coast.

The units which are running without the authorization of HW Rules should be

closed.

Pollution Control Board monitors marine and costal environmental

parameters.

Ship Recycling Regulations- 2003 on Safety and Environmental Guidelines

should be applicable.

Page 37: Ship Breaking Industry in India

23

Concern Authority has to submit the list of Hazardous Material.

The GMB and Gujarat SPCB officers should visit sites at regular.

It‟s GMB responsibility to construct landfill site and incinerator.

The Collector of the district shall be associated when the actual dismantling

takes place.

For monitoring the Supreme Court directions, it is needed to set up an Inter

Ministerial Committee (comprising Ministry of Surface Transport, Ministry of

Steel, Ministry of Labour and Ministry of Environment) under the

Government of India.

The Government of India has to formulate a comprehensive Code

incorporating the recommendations. Until the Code comes into play, the

officials of GMB, the concerned SPCB, officials of the Customs Department,

NIOH and AERB shall oversee the arrangement.

India should participate in international meetings on ship-breaking at the level

of the International Maritime Organisation and the Basel Convention's

Technical Working Group and participation should include from Central and

State level.

From the above discussion we can say that these guidelines which are given by

various national and international organizations are primarily related with the issues

of health, occupational safety, environmental sound management role and

responsibilities of various stakeholders of the industry. „IMO guidelines on ship

recycling‟ (December-2003) was an important step to assure the role of various

agencies by fostering the cooperation among them whereas the Basel convention

(December, 2002) „Control of Transboundary Movements of Hazardous Wastes and

Their Disposal, a technical guidelines for the environmentally sound management of

the full and partial dismantling of ships‟ is mainly related with the protection of

human health and the environment against adverse effects caused by the handling,

transboundary movements, and disposal of hazardous and other wastes.

Page 38: Ship Breaking Industry in India

24

The ILO guidelines “Safety and health in shipbreaking Guidelines for Asian

countries and Turkey” (October 2003) has concerned with the issue of ensuring the

safe work in shipbreaking within the framework of the ILO‟s decent work Agenda.

Because of having possible overlaps within the three above guidelines it was decided

to develop the joint guidelines that will reduce the ambiguities, so the guidelines of

„Joint ILO/IMO/BC group on ship scrapping‟ (February 2005) was developed in order

to identify the possible gaps, overlap or ambiguities and to promote the

implementation of the relevant guidelines on the ship breaking. Apart from these

international agencies guidelines, Supreme Court of India has also issued an order

directing various stakeholders to play their role for the sustainable growth of the

Shipbreaking Industry. The ultimate aim of all these guidelines are to make ship

breaking activities less hazardous and to develop the Environmental Sound

Management for the holistic development of the Ship dismantling Industry.

II.4 Case Studies of different countries on shipbreaking industry

Shipbreaking activities are carried out in mainly developing countries of the

world such as Pakistan, China, Bangladesh, India and other underdeveloped countries.

As it earlier mentioned that shipbreaking industry is full of hazardous that causes

injuries and occupational diseases to workers and also has adverse impact on

environment. There are several studies made on these issues. Few of these case

studies of different countries on shipbreaking industry is given below

II.4.1 Pakistan

Pakistan is the third largest ship-breaking country of the world (1999). Its

scrapping activity is similar to that of Bangladesh. Mainly the vessels scrapped in

Pakistan are oil tankers and generally vessels are scrapped by beaching. The main

beach where the shipbreaking activities are undertaken is Gadani which is 50 km far

from Karachi. And almost 6000 workers are earning their livelihood through

shipbreaking industry (2001). It is difficult to get details information about the

administration and organization of scrapping in Pakistan. There are no or few

restrictions implemented relating to precautions such as “safe for hot work”

requirements. (Anderson, 2002).

Page 39: Ship Breaking Industry in India

25

II.4.2 China

High demand for construction steel, availability of cheap labour and a well-

developed infrastructure are important factors that create a fertile ground for ship

dismantling in China. Greenpeace (2000) in his report stated that China shipbreaking

looks less dramatic compare to India and Bangladesh. Breaking operation in China is

different from other countries in term of dock like facility and more use of cranes and

other machineries for dismantling the Vessels. These facilities have attracted ship

owners for scrapping the ships in China. (Anderson, 2002). Presently, China National

Ship Scrapping Association is representing approximately 15 large breaking yards.

But in fact the conditions of workers remain same in China like other Asian countries.

It has been noted that workers are not safe against hazardous substances including

asbestos. Toxic wastes are burnt in open fires and yards are heavily polluted by oil,

heavy metals and other toxic substances (Greenpeace, 2000). So it can be found that

the shipbreaking industries are becoming more and more technically advanced

whereas the exploitation of workers and environment remains the same in Chinese

shipbreaking industry.

II.4.3 Bangladesh

Bangladesh ship breaking yard is the second largest yard in the world, situated at

Fauzdarahat beach in Chittagong. This area is stretched about 16-km in south-west of

Chittagong. Chittagong is the largest facility for large vessels, scrapping some 52 per

cent of all vessels above 200,000 dwt. For domestic steel requirements Bangladesh

depends on shipbreaking industry. Ship-breaking was initiated in this area in 1969

and has now grown into a considerable industry employing a large number of people.

It is estimated that more than 100,000 individuals are earning livelihood from the

shipbreaking activities of Chittagong (Anderson, 2002). Though shipbreaking

activities provide employment opportunities and steel to domestic requirements in

Bangladesh, it is not safe and protective for workers as well as environment. Various

studies proved that Chittagong shipbreaking yard is a highly polluted coastal belt.

Workers do not cover under labour legislation and also not having right to make their

union. The number of the accident and causalities at the yard is very much high

because of not having Personnel Protective Equipments (PPEs) to the workers. They

don‟t get uniforms, protective gloves or boots (Greenpeace, 2000).

Page 40: Ship Breaking Industry in India

26

II.4.4 India

Ship Recycling is not new to India. This activity has been carried out ever since

1913 in Kolkata and Mumbai. But mainly it was started around the middle of the

1980‟s6 when the low- skilled and low wages jobs shifted to the third world countries.

In fact the coming of the ship recycling was a part of globalization. India at present

has a large share in the ship breaking industry. An average of 700 ships are taken for

dismantling every year the world over and about 350 to 450 ships are scraped in India.

Alang and Sosiya (Gujarat) and Darukhana (Mumbai) are the two important places in

India where shipbreaking activities are carried out. A part from these places there are

other places in India also where the ship dismantling are happening in a very small

extent Tadri and Maipe (Karnatka), Baypore (Kerala), Vishakhapatnam (Andhra

Pradesh), Valinokan and Tuticorn (Tamil Nadu) . In India more than 60000 people

directly and almost 100000 to 150000 indirectly are getting livelihood from this

particular industry. In fact Alang- Sosiya is the largest yard of the world that consists

183 shipbreaking yards. It is stretching to distance of 15 kilometers and with the

capacity to break Very large Crude carrier and Ultra Large Crude Crarrier vessels, a

facility unavailable elsewhere. In term of economic importance of Alang, it can be

said that it is a milch cattle for the state. During 1994 to 2004 it was estimated that

Gujarat Maritime Board (GMB) earned Rs. 468 crore by renting out ship-breaking

plots, the State Government over Rs. 1,000 crore through sales tax and the Centre

about Rs. 8,000 crore in customs duty and excise. Individual owners of the plots also

made good profit (The Hindu: March 2006). Mazgaon consists 19 plots and

comparatively smaller than Alang/Sosiya.

The majority of shipbreaking workers are migrant workers and coming from

different weaker states of India such as Bihar, Uttar Pradesh, Jharkhand, Orissa and

Chhattisgarh. They hire either on a daily or monthly basis, or a contract basis without

any written contract of employment. It shows that they do not have any job security.

They are mostly uneducated, relatively young between 19 and 45, and mostly male.

Women workers are only 3% and they have no particular skill. Workers

categorization is based on the different stages of shipbreaking

6. The first vessel – MV KOTA TENJONG was beached at Alang on 13th Feb, 1983.

Page 41: Ship Breaking Industry in India

27

from gas cutter to unskilled workers. They use to live in small and clumsy rooms

which are made up of asbestos, plywood and metal sheets. They are subjected to

various occupational diseases and other diseases because of their working condition

which is very much hazardous and unsafe in its nature. The shipbreaking industry also

presents a dangerous work environment with high risk of injury and accidents with

poor equipments and machinery and with inadequate safety devices (IMF- survey,

2007).

The rate of fatal accident is also very high in shipbreaking industry. It can be

showed through the below table.

Table II.3: Year wise fatal accidents in Alang/Sosiya.

Year 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Fatal

Accident

28 30 29 08 19 25 06 04 06 06 0

No. of

Ships

361 296 295 333 300 294 196 101 136 136 197(upto

June)

Sources: Gujarat Maritime Board (GMB)

From the above table we can say that the rate of the accidents declined year after

year. And there is little correlation between fatal accidents and number of ships. There

has been an increase in number of ships coming for dismantling, corresponding the

number of accidents has also gone up. Medical expenses and social security are not

considered as employers‟ responsibility and these practices are totally based on

shipbreakers‟ whim and ways.

The National Commision Report on Labour (2002) recognized the ship breaking

industry as an organised industry and has stressed on the applicability of concerned

industrial and labour laws related to it. Here all workers are non- permanent workers

and due to the chain of contractors they are even not aware about their principle

employer. Despite of having the status of industry workers are still informal and they

are not getting their labour rights which clearly violate various international and

national laws (Misra, 2009). So we can say that shipbreaking workers are leading a

vulnerable life because of hazardous and peculiar nature of their job.

Page 42: Ship Breaking Industry in India

28

SECTION III

OBJECTIVES AND RESEARCH METHODOLOGY

III.1 Objectives of the study

Based on the above discussion the main objective of the study is to understand

how the components of the decent work, which is suggested by ILO, can be

implemented among the shipbreaking workers. The main objectives of the study are,

To understand the socio economic condition of shipbreaking workers

including migration, hazardous work, health, safety at workplace, housing,

level of income, employer- employee relationship and working condition of

the workers.

To examine the various initiatives which are taken by Gujarat Maritime Board,

International Metal Workers Federation and Mumbai Port Trust for the

welfare of shipbreaking workers and Sound environmental sound

management.

To find out at what extent the shipbreaking workers are related with the

indicators of decent work that comprises right at work, International Labour

Standard, social protection and social dialogues.

III.2 Research Questions

How Shipbreaking workers can be incorporated with the elements of decent

work?

How the Union can work more effectively in order to secure the rights of the

shipbreaking workers?

What measures should be taken to make their job less hazardous?

III.3 Research Methodology

Social Research is a systematic and scientific way to get the reality. It is related

with reliable evidence and for getting reliable evidence it is necessary to use a

Page 43: Ship Breaking Industry in India

29

research methodology. According to Ian Robertson, “A methodology is system of

rules, principles and procedures, that guides scientific investigation.” Research

Methodology provides guidelines for collecting evidence about what takes place and

why it takes place.

Sampling:

Sampling is an important aspect of social survey. It should precisely represent or

reflect its elements. Sample is portion of people drown from a larger population. It is

small and physically accessible (Smelser, 1993). It represents the characteristics of the

larger population. It is said that most of the sociological surveys are sample surveys.

„Stratified random sampling method‟ has been used for the study. The sample

size was 36 hailing from the different categories group of shipbreaking workers in

Alang and Mumbai. According to N.J. Smelser, “A random sample is one that is

chosen in such a way that every element (or every combination of elements) in the

population has an equal chance of being selected.” And stratified random sampling

method produce a weighted mean that has less variability than the simple random

sampling.

Here the shipbreaking workers are the primary stake holders and others such as

trade union, GMB, MBPT and NGOs are secondary stake holders because they also

revealed various information regarding shipbreaking workers.

On the basis of sampling method the study was conducted in the months of

November and December 2009. Following tools were used for the data collection.

Observation- Observation is one of the principle techniques of research in social

sciences. Some of the difficulties arising out of the use of interviewing in sociological

data collection can be overcome by observation. According to P.G. Gisbert,

“Observation consists in the application of our mind and its cognitive powers to

phenomena which we are studying.” It is said that Science begins with observation

and must ultimately return to observation for its final validation.

Page 44: Ship Breaking Industry in India

30

For the study of “Decent work for the shipbreaking workers” „Non participatory

observation‟ method has been used. Here observer remain detached and does not

participate or intervene in the activities of those who are being observed.

Interview- Interview is also one of the important methods of collecting data in social

research. An interview is a means of information in which one person asks another

either in person directly, or indirectly. According to P.V. Young, “Interviewing is an

interactional process.” In general it can be said that an interview is face to face verbal

interchange in which one person , i.e., the interviewer attempts to elicit some

information or expressions of opinion from another person or persons regarding a

particular issues.

Individual and group, both type of interview has been conducted for gathering the

information from shipbreaking workers. The respondents were directly contacted at

the work site and their union office in Alang (26 respondents) and Mumbai (10

respondents) to assess the information through interview.

Interview Schedule- Interview scheduled is the name usually applied to set of

questions which are asked and filled in by an interviewer in a face to face situation

with another person.

„Structured interview schedule‟ has been used for data collection where a set of

question has already prepared before interviewing the respondents.

Sources of Data Collection

For the study of „Decent work for ship breaking workers‟ both sources of data

collection has been used which is as follow-

Primary sources- Here observation, interview and interview schedule are used for

the primary data collection.

Secondary sources- Beside primary data, the secondary data has been also used such

as reports, articles, books, studies and information from GMB, MBPT and union

authorities that gives information regarding working condition of the shipbreaking

workers.

Page 45: Ship Breaking Industry in India

31

III.4 Research Design

Descriptive Research Design has been used for the study of „Decent work for

shipbreaking workers‟. It is a scientific method where researcher has to observe and

describe the behavior of a subject without influencing it in any way.

III.5 Area of the study

For the study, two areas have been selected where ship breaking activities are

carried out. They are as follow:

Alang/Sosiya- Alang/Sosiya Ship recycling yard is located 50 KM away from the city

of Bhavnagar in Gujarat which lies on the western coast of Gulf of Cambay. In fact

Alang and Sosiya are twin coastal villages dominated by fisherman and farmers. It is

the largest ship recycling yard in the world stretching to distance of 15 kilometer.

Ever since its inception in 1983, Alang/Sosiya has emerged as one of the demanding

ship-scrapping destinations for the ship owners around the world. Here 173 plots are

available to carry out the ship dismantling activities.

Mazgaon- Mazgaon ship recycling yard popularly known as Darukhana is located in

the coastal area of Mumbai, Maharashtra. Until the 1980‟s the ship recycling activities

are limited to Darukhana only then after 1983 it was started in Gujarat. Mazgaon ship

breaking yard is comparatively small and consists 19 plots.

Page 46: Ship Breaking Industry in India

32

SECTION IV

STRATIFICATION OF THE WORKERS

The observations in Alang/ Sosiya and Mazgaon have made it very clear that the

shipbreaking activities are carried out by different sections of workers. Shipbreaking

workers perform their duty according to their assigned task or job. To understand the

process of dismantling as well as the hierarchical relationship among the workers, it is

necessary to have the workers‟ profile.

STAFF STRUCTURE

Figure IV.1: Staff structure of the shipbreaking industry in India.

From the above staff Organogarm it can be interpreted that Ship breaker is the

proprietor and employer of this industry. Gujarat Maritime Board Office and Mumbai

Port Trust are the regulatory bodies who give them authority for breaking the ships

and provide plots on the basis of lease in Alang/Sasiya and Mazgaon respectively. For

Ship Breaking Plot GMB Office/ Mumbai Port Trust Office

Plot Manager

Mukadam Safety Officer

Environment and Safety Supervisor

(ESS)

Field Supervisor Crane Operators Ship Supervisor

Gas Cutters and Helpers Gas Cutters & Helpers

Shipbreaker

Page 47: Ship Breaking Industry in India

33

purchasing ship for dismantling, they get financial assistance from various banks.

These banks pay almost 75% of the total cost price. While having discussion with the

proprietor, they admitted that their work is being hampered because of red tapism in

the regulatory authority.

Plot Manager maintains the attendance register and pays wages to the workers.

He also grants leaves in that particular plot. He is the only person who is authorized to

look after the various issues of workers such as advance payment during the time of

scarcity and to facilitate the relationship between Shipbreaker and workers. Generally

they work under the pressure and influence of Shipbreakers. So, they are more

interested in protecting the interest of their employer.

Mukadam works as a plot supervisor. Generally he is an in- charge of all sort of

activities related to the work in a particular plot. Workers perform their duty under his

guidance only. The remuneration of a mukadam varies but generally it is 220 Rs. Per

day.

Safety Officer is also hired by Ship breaker in order to check the safety level of a

ship which is going to be dismantled. He is also responsible to provide safety

equipments to the workers. When compared to others workers, the safety officers are

more educated. The salary given a safety officer is 10,000Rs. per month

Crane operators are skilled workers. Their wages are comparatively high (Rs.

12000-15000per month). Maximum numbers of workers are gas cutter. Their wages

vary from Rs 200 to 300 per day and the job which they perform is really very harsh.

Apart from these workers there are others workers also such as malpani, engine

jodi, cook, chantiwala, begari, loader, helper and mazdoor. In fact these workers are

unskilled workers and the job is peculiar in its nature. Some of them get below 80

rupees which is less than minimum wages of Gujarat and Maharashtra.

Page 48: Ship Breaking Industry in India

34

SECTION V

FINDINGS

V.1 Analysis and interpretation of Data

For the study of „Decent work for the shipbreaking workers‟ 36 respondents were

selected from the Alang/Sosiya (Gujarat) and Mazgaon (Mumbai). On the basis of

their responses in the interview schedule the facts have been gathered and classified to

assess the socio- economic conditions of the shipbreaking workers is as follow-

V.1.1 Working categories of Respondents

Figure V.1: Categories of workers

The above data shows that out of 36 respondents 16 are Gas cutters. A large

section of the workforce in Alang/ Sosiya and Mazgaon engage in the gas cutting

activities. Others comprise malpani, chantiwala and other unskilled workers. Apart

from them plot manager, safety officer, mukadam and crane operators are skilled

workers and their condition is comparatively better than others.

Page 49: Ship Breaking Industry in India

35

V.1.2 Migration

Figure V.2: Migrant workers

Out of 36 respondents 33 are migrant workers. These workers come primarily

from the backward states of India such as Uttar Pradesh, Bihar, Jharkhand and Orissa.

It shows that a large section of workers in Alang/Sosiya (Gujarat) and Mazgaon

(Mumbai) are migrant workers who have come there from the deprived area in search

of their livelihood. A considerable proportion of migrant workers living collectively

in shanty in which they pay rent to the owner. During the interview it was found that

workers generally stay with their regional peers and somewhere try to maintain

distance from regional groups.

Page 50: Ship Breaking Industry in India

36

V.1.3 Working Conditions of workers regarding their job

Figure V.3: Working conditions of workers

Working conditions related to their job is miserable. Many of the respondents

complained of not getting drinking water on the plot. The workers in Mazgaon have

to bear the cost of water by purchasing it at 5 to 10 rupees per bucket which is really

expensive. The workers have no provision for drinking water and water for domestic

use, which is to be given by their employer. Though MPTDGEU took initiative in this

regard and established a water tank there but this water tank is not sufficient for

around 3500 workers. For them, something is better than nothing for the time being.

They also don‟t have the adequate sanitation. So, they use road sides and railway

tracks for their primary needs.

Shipbreakers are not following the Supreme Court guidelines. From the interview

and observation of the various plots it is said that there are no facilities of rest shelter

and canteen. In many plots of Alang/ Sosiya toilets are available but very few are

accessible for workers. Out of 36 respondents 22 were admitted that the working

condition is not good.

Page 51: Ship Breaking Industry in India

37

V.1.4 Management behavior towards workers

Figure V.4: Management behavior

Shipbreakers hire manager and mukadam to supervise the workers in a particular

plot. Because of the influence of Shipbreakers they do not treat workers in a good

manner and exploit them. In few cases mukadam does not have a cordial relation with

manager also. Generally, concerned authorities put pressure on the workers to do

dangerous work that turn into minor, major and sometimes fatal accidents. Workers

revealed that most of the time managers do not pay any attention on their issues. Out

of 36 respondents 34 told that management does not have co operative behavior

towards them.

Page 52: Ship Breaking Industry in India

38

V.1.5 Membership of the Union (MPTDGEU/ASSRGWA)

Figure V.5: Members of the Union

Alang Sosiya Ship Recycling & General Workers Association (ASSRGWA) is

the first union of shipbreaking workers in the world. ASSRGWA is representing the

collective voice of Alang- Sosiya shipbreaking workers and its membership is almost

6000. This union is an off shoot of Mumbai Port Trust Dock and General Employees‟

Union (MPTDGEU) which is addressing the grievances of the Shipbreaking workers

in Mumbai and is getting support from SMEFI and HMS on national level and IMF,

FNV and GMB on international level. Out of 36 respondents 23 were members of

ASSRGWA

Page 53: Ship Breaking Industry in India

39

V.1.6 Opinion about MPTDGEU/ASSRGWA

Figure V.6: Opinion about the existing Union

Out of 36 respondents no one alleged that the Union is working in the favor of

employer. Those workers who knew about the union they told that ASSRGWA and

MPTDGEU raise the issue of workers in a proper way.

Page 54: Ship Breaking Industry in India

40

V.1.7 Safety rules

Figure V.7: Awareness of safety rules.

Out of 36 respondents 35 were aware of safety rules. It means maximum workers

know about safety measures. They had got information regarding safety equipments

from the training programme which is conducted by GMB from time to time. The

ASSRGWA is also playing vital role in this regard. One of the safety officers was told

that workers get helmet, gloves, face mask, goggles and in some cases boiler suit also.

In field visit it was seen that very few of them use gloves, face mask and goggles but

helmet is used by most of the workers. Nowhere workers get safety shoes.

There is Supreme Court guidelines for handling the asbestos and other toxic

substances in order to reduce accidents and health related problems which are

generally neglected by the shipbreakers. It was observed in the plot visit that very few

have separate place for handling the asbestos but such places are also lacking

infrastructure. This is an important issue which should be addressed by the various

stake holders of the industry in a proper way.

Page 55: Ship Breaking Industry in India

41

V.1.8 Availability of medical staff on work place

Figure V.8: Availability of medical staff on work place

Medical staffs are not available on any plot. Almost all the workers are suffering

from itching because of handling toxic substances. Accidents regularly happen at

work place which sometimes becomes fatal for the workers. The Employer has its

own hospital building but it does not have doctors, medical staffs and equipments

which hamper the adequate medical treatment. Even Red Cross society is trying to

provide adequate health facilities to the workers. In the case of emergency, workers

have to go to Bhavnagar which is 40 kilometers away from Alang. In Mumbai,

workers generally go to private medical staff for their medical urgency which is really

expensive for them.

Page 56: Ship Breaking Industry in India

42

V.1.9 Injuries of workers while working at plots

Figure V.9: Injuries of workers while working at plot

Out of 36 respondents 7 of them are never injured in which 2 of them are plot

managers and 3 of them are safety managers. In fact the rate of accidents in

shipbreaking industry is really high among the workers.

Page 57: Ship Breaking Industry in India

43

V.1.10 Reason(s) for injury

Figure V.10: Reason(s) for injury

Maximum number of respondents revealed that because of not having adequate safety

equipments accidents happen. Workers demanded that they should get gloves weekly

where as they get monthly and even they are not getting a safety shoe which is very

much needed. All the 36 respondents said that they don‟t consume alcohol during

duty hours.

Page 58: Ship Breaking Industry in India

44

V.1.11 Getting money during scarcity

Figure V.11: Getting money during scarcity

Maximum workers are not in a position to save or deposit money for their future

needs because of their negligible income and precarious jobs. However they borrow

money from their friends and relatives at the time of exigencies. In some cases

managers give them advance money against salary.

Page 59: Ship Breaking Industry in India

45

V.2 Major issues related with shipbreaking workers

They do not get drinking water in their residence

They do not have proper housing facilities

Electricity problems, even on road and street

Lack of medical facilities and emergency treatment

Minor, major and fatal accidents

No educational programme is run by GMB/MBPT for the children of

workers

Problem of sanitation in plot as well as in residence

No implementation of Factories Act- 1948

Do not follow the Supreme Court guidelines for handling and removing

asbestos.

Workers are not getting goods and services on reasonable rate.

Do not get wages on time.

Duping the workers by not giving the promised amount.

Hazardous and peculiar nature of job

Lack of social security measures such as insurance and PF

Apart from the above issues there are other issues also that not only indulge the

workers capacity but also have adverse impact on industry too, such as bad working

conditions, no rest shelters, no canteens, no cleanliness, no proper repairs,

maintenance and replacement of equipments, no provision for immediate and proper

health care and thus there is very disappointing situation prevailing over in this

industry which should be addressed in the appropriate manner.

V.3 Role of Trade Union

V.3.1 MPTDGEU

Mumbai Port Trust Dock and General Employees‟ Union (MPTDGEU) is one of

the oldest trade union in India that is working for the workers of port, dock and allied

industries since 1920. The Union is striving to create friendly and harmonious

relationship between the workers and their employers and also committed to their

members, in order to secure their rights against exploitation from it is started.

Page 60: Ship Breaking Industry in India

46

For organizing unorganised workers MPTDGEU is working for the workers of

private companies of port and downstream shipbreaking industries. For the

affordability of shipbreaking workers, it was decided at the meeting of managing

committee that they shall pay only Rs 50/- as a membership fees. Now, the union and

its offshore (ASSRGWA) are working at Alang/Sosiya (Gujarat) and Mazgaon

(Mumbai) for the welfare of shipbreaking downstream workers. The union is facing

various challenges from many fronts. Local mafia, goons, politician vested interest try

their best to nullify the welfare measure of union. Other barriers are in the form of

lack of consciousness among worker, ethnic diversity, poverty and illiteracy. But

these factors have not deterred union to push its agenda of organizing the workers for

the betterment of their life.

In order to implement the components of “decent work” the union raises voices

against the exploitation and hazardous working conditions on various platforms.

MPTDGEU is working for the shipbreaking worker‟s health, safety, protection,

training and child labour eradications. The union has partnered with likeminded

NGOs and philanthropic organizations such as Mani Bhawan, Social Service League,

Saint John Ambulance Brigade, Red Cross Society, Rotary Club of Bombay, Rotary

Community Corps, Swadhar, Astitva.

V.3.2 ASSRGWA

ASSRGWA, the first trade union for the shipbreaking workers of the world was

formed in the year 11th

of November, 2005. And after a long struggle it got

registration on 26th

of March, 2007. It was really very difficult task to get register

whereas lot of obstacles was there from the shipbreakers and Government authority

but it was the persuasion of Dr. Shanti Patel (President of MPTDGEU) and collective

efforts of the workers along with HMS that made it possible.

After conducting the interview of workers, union activist and other concern

authority it can be said that the Union involves in various activities to improve the

working condition of the workers. With the appropriate means the union is providing

basic amenities such as health care including blood grouping card and identity card in

Alang/Sosiya. The office bearers of the union visit plots regularly to get the handful

information and foster the spirit of unity among the workers through their various

Page 61: Ship Breaking Industry in India

47

activities. Primarily, union is working to encourage the membership and to uplift the

condition of workers ASSRGWA is lassoing with Red Cross Society and GMB. The

union participates and verdict to national and international organization on policy

level such as ILO, IMO and Supreme Court committee. The union also pushes

policies for the measures of „Social securities‟ such as insurance and Provident Fund.

Recently PF commissioner visited the Alang yard and the Union office to get the

information about workers. So, the workers can incorporated with the PF remedies

and no doubt it was solely due to persistence effort of Mr. Rane and Mr. A.D. Nagpal,

the Secretary of H.M.S.

At the time of accident activists of the union rushed to site and try to help injured

person to get medical treatment/ blood donation, registered case with port authorities,

factory inspector and police authorities. Recently an accident was took place at plot

no. 24 in Alang, where six workers were died on the spot from burn sustained. In that

case the union complained to the High Court, Chief Minister of Gujarat, Gujarat

Maritime Board, Factory Inspector, and Police. Then the Union demanded for the

legal enquiry and the compensation of Rs. 10 lakh for each worker. However the

dependents of the deceased workers got only 2.5 lakh rupees but it was the first time

in the Shipbreaking industry of India where employer pays so much money.

Apart from the above activities, the Union is also engaged in many other actions

like training, workshops, gate meetings, awareness camps and medical camps/ blood

grouping camps.

Page 62: Ship Breaking Industry in India

48

SECTION VI

WORKERS AND DECENT WORK INDICATORS

There is a list of decent work indicators suggested by Ghai (2003) which

comprises the characteristics of all the four components of decent work advocated by

ILO. As earlier mentioned the main objective of this study is to incorporate the

shipbreaking workers with decent work remedies. So it is necessary to give a

comparative study between decent work indicators and prevailing working condition

for shipbreaking workers. It will identify areas of improvements so as to lead towards

decent work for shipbreaking workers.

Comparative study between decent work indicators and prevailing working

conditions of shipbreaking workers is as follow-

VI.1 Employment opportunities- Shipbreaking workers are having lot of

employment opportunities in Alang/Sosiya and Mazgaon. The number of workers

estimated in Alang/Sosiya is to be 1.5 to 1.6 lakhs (International Federation of Human

Rights, 2000) and around 10,000 in Mazgaon (Mumbai). Nevertheless, these workers

face cyclic unemployment. Here employment is directly proportional to the number of

ships arriving at the coast. So, the employment opportunities increase with the arrival

of more number of ships.

VI.2 Acceptable work- Shipbreaking activities are generally categorized as

hazardous and harsh in its nature. Ship dismantling industry presents a dangerous

work environment with high risk of injury and accidents. We can categorize the

shipbreaking activities as follow-

Skilled workers- Mukadam, Field supervisor, Safety Officer and Crane

Operator

Semi skilled workers- Gas Cutter

Unskilled workers- Engine jodi, cook, chantiwala, begari, loader, helper and

mazdoor.

However the position of skilled workers is good as compare to other workers.

Page 63: Ship Breaking Industry in India

49

VI.3 Adequate earnings and productive work- In Alang/Sosiya and Mazagaon

workers are getting nominal wage. Skilled and semi skilled workers are getting

around Rs. 200 to 300 per day. Unskilled workers get less than minimum wages as

prescribed in the Minimum Wages Act. According to data available, (April 2002) the

Gujarat Government fixed the minimum wages for unskilled workers at rupees 79 per

day and the Maharashtra Government (July, 2009 for Zone 1) fixed it at Rs 157 for

the unskilled workers. The main issue regarding wages is the workers are not getting

the promised amount and they often duped by the employers.

VI.4 Decent work hours- Working hours for the shipbreaking workers in Alang and

Mazgaon is very exhaustive. The working day starts from 8 am to 5 pm with two hour

compulsory overtime till 7 pm every day without getting overtime allowances. So it

can be said that working day is of 11 hours with one hours lunch break and a fifteen

minute morning (10 am) and afternoon tea breaks (3pm). Here workers are not paid

for the compulsory overtime and when the work load is high, they even have to start

their work at 7 a.m. This working situation clearly violates the ILO convention on

working hours „Hours of Work (Industry) Convention- 1919‟ and the (Indian)

Factories Act- 1948 that states that any work of more than nine hours a day or 48

hours a week shall be paid overtime at twice the ordinary rate.

VI.5 Stability and security of work- Although the Alang shipbreaking industry got

recognized as organised sector by the National Commission Report on Labour in

2002, still workers are being considered as unorganised workers. All workers are non

permanent and due to the contract system they are not even aware about their

Principle employer. Because of non permanent nature of employment they can

retrench by anytime without giving prior information. Shipbreaking industry is

generally suffered with cyclic unemployment, where workers do not get any work

when the ships for dismantling come in less frequency at the yard. During that period

most of the workers have to lose their job or they get fewer wage. So it can be said

that the shipbreaking workers have really less stability and security of work.

VI.6 Balancing work and family life- As mentioned earlier that ship breaking

workers have to work at least 11 hours per day without having weakly paid leave.

Working at night though not usually practiced In Alang and Mazgaon yard but

however some activities such as loading unloading and gas cutting take place during

Page 64: Ship Breaking Industry in India

50

the night also. Workers have to get up early in the morning at 5 am to prepare meals

for the day because of not having canteen facility. So it can be said that working hours

are very rigorous and it‟s difficult to balance the family - work life. A large section of

workers are migrant workers and they can‟t afford to live with their family. In Alang/

Sosiya and Maazgaon there is no system of paid leave. Workers generally visit their

native place to meet their family once a year during the monsoon season and they are

not paid any wages or remuneration during the period of absence and sometimes they

have to lose their job because of the leave. This working situation clearly violates the

Universal Declaration of Human rights (UDHAR) and Inter- State Migrant Workmen

Act, 1979 (ISMW Act). UDHAR states that everyone is entitled to limited hours work

and periodic holidays with pay and ISMW Act, 1979 that insists on displacement and

journey allowance.

VI.7 Fair treatment in employment- Shipbreaking industry provides lot of

employment opportunities to the workers but the work which they get are mainly

hazardous and peculiar in its nature. By looking at ship breaking workers anyone can

easily say that their condition is really pathetic. At the one hand job is really very bad

and at another hand employer do not treat them in well manner. It‟s only because of

their limited option of livelihood they are working in the shipbreaking industry

otherwise many of them do not want to continue with this industry. Even local

workers do not indulge themselves in the shipbreaking activities. The workers are

treated on non humanitarian ground and not getting any measure of fair treatment.

Instead of having fair treatment in employment the industry is replete with abuses and

violation of rights.

VI.8 Safe work environment- Shipbreaking is a hazardous industry falling under the

category of Hazardous Waste Management and presents a dangerous work

environment with high risk of occupational diseases, injury and accidents. The

industry consists of various hazards because of many reasons such as asbestos, falling

objects, falls from the height, lack of Personnel Protective Equipments, heavy and

toxic metals, PCBs and polyvinyl chloride, compressed gas, extreme temperature,

long working hours, monotonous work and lack of training programs. The available

data of GMB shows that during 1998 to 2003, 139 cases of fatal accidents took place

in Alang only. In the yard cuts and burns consider as minor injuries and generally it

Page 65: Ship Breaking Industry in India

51

doesn‟t get attention from the concern authority. For reducing the accident in Alang

GMB in 2003 came up with a training program to the shipbreaking workers in respect

of safety and waste management. It is said by the workers that these programs are

giving more stress on theoretical knowledge instead of practical knowledge. Even the

last year (August-2009) six workers died on the spot from burn sustained while

working in the engine room which was not free from the gas. It shows not only the

negligence behavior of concern authority but also prove that the goal of safe work

environment for the ship breaking workers is still far from achieved.

VI.9 Social protection- The remedies which is provided by the state or the civil

society to the working class in order to protect from the contingencies of the life is

called social protection. The six main contingencies that make a person unable to earn

his livelihood are sickness, accident, old age, pregnancy, unemployment and death.

During these vulnerabilities workers and their dependent need measures of social

security. Shipbreaking workers are not covered under the safety net of social

protection. They do not get the benefits of Insurance, workmen compensation,

Provident Fund, Gratuity or Maternity benefit. However ASSRGWA along with HMS

is working in this regard so at least shipbreaking workers can bring under the

Provident Fund Scheme. Regarding workmen compensation, it was the first time

when the dependents of deceased workers got 2.5 lakhs rupees as compensation. They

were the same workers, who died from burn sustained in August, 2009. So, it can be

said that the Union is working for the remedies of social protection for the

shipbreaking workers but because of not enough support from the other stake holders

of the industry such as government authorities and ship breakers the situation is really

grave.

VI.10 Social dialogue and workplace relations- Social Dialogue consists all types

of negotiation, consultation or simply exchange of information between, or among,

representatives of governments, employers and the workers. In ship breaking Industry

there are three set of actors available to comprise the social dialogue. Here GMB

(Alang/Sosiya) and MBPT (Mazgaon) are the representatives of government, Ship

Recycling Industries Association (India) is the representing body of employer and

ASSRGWA (Alang/Sosiya) and MPTDGEU are representing the workers. Despite of

having these representative bodies social dialogues are lacking between the employer

Page 66: Ship Breaking Industry in India

52

and workers. Employers do not want that these workers get the representation, so they

always discourage them to join the union. It‟s a violation of ILO declaration on

„Freedom of Association and Protection of the Right to Organise Convention, 1948‟.

Even having lot of obstacles union has made its membership almost 6000 and trying

to increase the number in the coming days, so the workers get adequate representation

during the process of social dialogue.

Regarding workplace relationship it can be said that workers are not happy with

the behavior of the employer. At the one hand workers are not having good

relationship with employer and on the other hand they do not have good relationships

among themselves. For example unskilled and semi skilled workers always complain

that Mukadam or plot manager treat them badly at the work place. In Alang, there is

another important issue that hampers the workers and employer relationship is that the

workers generally do not get the promised amount and they always duped by the

employer. On that issue, 20000 workers went for the strike in March 2009. For the

permanent solution of the wage, union is demanding for the separate wage board for

shipbreaking workers. It can be said that the employers in shipbreaking industry are

not willing to give proper representation of the workers that affects the process of

social dialogue badly also not creating a harmonious relationship between the workers

and the employer at the work place.

VII.11 Economic and social context- The economic and social status of

shipbreaking workers is miserable. Workers are not paid enough that they can uplift

their condition. Majority of workers come from the backward and underdeveloped

states of India. They have to face a number of problems because they are new to the

place of destination and find difficulties to adjust with the changed situation and

environment. Workers belong to different religions, regions, language and caste

which create disparity among them. It has been noted during the interaction with

workers that unskilled workers are generally belong to lower caste that causes

discrimination within the workers itself. The level of education is also differs from job

to job. Such as Plot Manager and Safety Officer are having bachelor degree where as

a large section of the unskilled workers are illiterate. In term of women participation it

can be said that this is the male dominating industry where only 3% female workers

are engaged and performing manual work in the yards. About 50% workers are

Page 67: Ship Breaking Industry in India

53

addicted to Alcoholism and tobacco consumption. Living in shanty or house lacking

the decent living standard even not having drinking water and sanitation are in the fate

of Shipbreaking workers. Indebtedness is also one of the major issues for the workers.

Generally workers away from their family for months together and they can‟t keep

their family with them because of poor economic condition so some of them use to go

for prostitution and bring HIV AIDS from there and day by day the situation is

becoming alarming.

So it can be said that socio- economic condition of the shipbreaking workers

is vulnerable and pathetic.

Page 68: Ship Breaking Industry in India

54

SECTION VII

CONCLUSION AND SUGGESTIONS

The study was an attempted to assess the knowledge that what are the areas

where shipbreaking workers are not getting the remedies of decent work. From above

discussion, it has been proved that there are many areas where improvement is

required such as adequate wage or remuneration, measures of social protection,

bipartite or tripartite social dialogue, healthy workplace relationship, safety at work

place and good socio- economic status of the workers. Apart from these drawbacks

there are few areas where the shipbreaking industry is observing some of the

indicators of decent work such as employment opportunities and existence of the

Union. However employer discourages the workers to join the union.

As ILO try to cover the unorganised sector with the remedies of decent work, the

bad jobs of unorganised sector will get changed to good jobs. The shipbreaking

activities in India came from the European countries in the mid 80‟s as a result of the

relocation of the same industry to Asian countries. The industry is giving employment

opportunities to the Indian workers and also provides large quantity of steel to the

Indian industry without exploiting the natural resources. Though having its great

economic importance the industry retains the characteristics of informal economy.

The work which is offered by the industry is really dangerous and peculiar in its

nature and also the industry has its adverse impact on environment. For making the

industry less hazardous and environmental sound management ILO, IMO and Basel

Convention has given its guidelines. There are few overlaps and ambiguities found in

these guidelines, so it was decided to come with a joint ILO, IMO, BC guidelines

which came up in February 2005. The Supreme Court of India has also given its order

for assuring the roles and responsibilities of the various stakeholders of the

shipbreaking industry.

Shipbreaking activity is considered as a bad job. So it is not practiced in developed

countries. It is mainly concentrated in developing countries. Apart from India the ship

dismantling is carried out in Bangladesh, China, Pakistan, Turkey, Vietnam and

others. The two main places in India where the shipbreaking activities are carried out

are Mazgaon (Mumbai) and Alang/ Sosiya (Mumbai). The positions of the workers

Page 69: Ship Breaking Industry in India

55

across the globe are almost the same. They are not getting the legal remedies and

measures of social security. They do not allow them to form their organization or to

participate in the Union activities. However MPTDGEU showed courage in this

regard and started to organize the shipbreaking workers in Mazgaon. After getting

success in Mazgaon, Union extended its activities to Alang/Sosiya and established the

first trade union of the world for the shipbreaking workers namely ASSRGWA. The

Union is working for the welfare of workers along with other stake holders of the

industry.

In Alang and Mazgaon, the atmosphere of fear and intimidation ensures that

workers remain submissive. From drinking water to social security measures, there

are several issues such as poor working condition, minor major and fatal accidents,

lack of medical facilities, not having adequate sanitation, not getting the promised

remuneration, work related hazard, occupational diseases, HIV AIDS, alcoholism,

poor health, unsafe work place, long duty hours, polluted environment, issues related

with migration and many others too which need to be rectified by suitable

interventions. The Central and State Governments have formulated many rules and

regulations to address the above issues. But if these rules and regulations are not

implemented in a proper way it will lead to an exploitative situation.

Suggestions:

From the above discussion it can be said that there are lot of issues related with

shipbreaking workers. Now the time has come that the stakeholders of the industry

come together and work for the welfare of workers and environmental sound

management that would lead the industry to achieve the goal of sustainable

development and decent work. In order to achieve it, several steps have to be taken

by GMB/ MBPT, SRIA and ASSRGWA/MPTDGEU.

The guidelines of Supreme Court should be followed for handling and removing

the asbestos that causes occupational diseases. The issue of water and residence

should be solved by the collective effort of the stakeholders. Government has to order

the ship breakers to provide these facilities to the workers. There are already various

laws which are fairly progressive and are intended to solve the above issues. However

the study shows that the conditions of workers are really unsatisfactory. Laws related

Page 70: Ship Breaking Industry in India

56

to overcrowding, sanitation, leave facilities, adequate wages, social security, working

condition, industrial relation, recreation, social welfare and migration issues already

exist in many industries of India. So with the implementation of these laws, state can

uplift the condition of the shipbreaking workers.

The two to three days training which is known as gas cutter training and basic

training, provided by GMB is very theoretical in its nature. They should stress more

on practical training. The MBPT should also start the same training program for the

workers of Mazgaon.

Union has to form its small wings in all the 183 plots in Alang and 19 plots in

Mazgaon. These wings should work as a small committee and it should address the

issue of workers at the plot level. For making goods and services available at

reasonable price, the union can start a consumer co- operative store in Alang/Sosiya.

The Union is already running a consumer cooperative society in Mazgaon.

To encourage savings a Credit co-operative society can be formed among the

workers. In case workers need financial assistance they can get micro credit and it

will save them from exploitation of money lenders. The jobs in Shipbreaking Industry

are peculiar in its nature. Cyclic unemployment is also one of the main issues of this

industry. So, when workers do not get job they should get another alternatives for

their livelihood.

No were workers are getting safety shoes which is necessary for them. Workers

get hand gloves weekly but the conditions of the gloves are not good enough that they

are torn within a week. The issues related to water and light should be properly

addressed by the concerned authority. To facilitate education of employees‟ ward,

GMB and MBPT should start an educational attainment.

The kind of intervention will require hand in hand effort by all the three stake

holders viz. GMB/MBPT, employers association and workers union. They need to

make a comprehensive list of the various issues concerning the life of a worker in

general and working condition in particular. The motto of I.L.O to provide decent

work to all can be realized only when the troubles of the workers are suitably

identified and promptly addressed

Page 71: Ship Breaking Industry in India

57

Bibliography

Ahuja, R. (2006). Research Methods, Rawat Publication: New Delhi

Andersen, A.B. (2001). Worker safety in the ship-breaking industries. Working

papers, 167: International Labour Organization, Geneva.

Bailey, P.J. (2000). Is there a decent way to break up ships? Discussion papers,

International Labour Organization (ILO), Geneva.

Bhatnagar, R. (2010, February 15), Panel allows toxic ship into Alang despite SC

ruling. DNA, Mumbai.

Chen, M. (2004). Rethinking the Informal Economy: Linkages with the Formal

Economy: with the Formal Economy and the Formal Regulatory Environment. EGDI

and UNU –WIDER Conference, Unlocking Human Potential: Linking the Informal

and Formal Sectors, Helsinki, Finland.

Commission of the European Communities. (2007 May). Accompanying document to

the green paper on better ship dismantling. Brussels.

Ghai, Dharam (2006). Decent work: Objectives and Strategies, International institute

for Labour Studies, International Labour Organization, (ILO) Geneva.

Ghai, Dharam. (2002). Decent Work: Concepts, Models and Indicators. International

institute for Labour studies, International Labour.

Ghai, Dharam. (2003). Decent Work: Concepts and Indicators. International Institute

Labour Review, Vol. 142.

India: Ministry of Labour, (2002). National Commission Report on Labour. New

Delhi.

International Federation of Human Rights. (2000). Where do the Floating Dustbin end

up: Labour Rights in Ship- breaking Yards in South Asia: The cases of Chittagong

(Bangladesh) and Alang (India), France.

Page 72: Ship Breaking Industry in India

58

International Labour Office. (2004). Safety and health in shipbreaking: Guidelines for

Asian countries and Turkey. (ILO), Geneva.

International Maritime Organization. (2005, February). Joint ILO/IMO/BC working

group on ship scrapping. 1st session Agenda item 8, Switzerland.

International Maritime Organization. (2004, March). IMO Guidelines on ship

recycling. Assembly 23(19), Switzerland.

Langewiesche, W. (2004). The Outlaw Sea: Chaos and Crime on the World's Oceans.

London, Granta Books.

Misra, H. (2009, July). Rights of Migrant Labour at the Alang Ship Breaking Yard.

The Indian Journal of Social Work, 70(3).

Narrain, S. (2006, February 05). Clemenceau: Greenpeace to register protest. The

Hindu, New Delhi.

Rane,V. (2009). Tute huve Sapne : Arising from broken dream. A Primer on Global

Unions and What They Can Do For Migrant Workers, International Metalworkers‟

Federation (IMF).

Rodgers, G. (2001). Decent Work as a Development Objectives. Indian Journal of

Development Economics, Vol.44, No.1

Secretariat of the Basel Convention. (2003). Technical guidelines for the

environmentally sound management of the full and partial dismantling of ships.

International Environment House, Switzerland.

Simhan, T.E.R. (2004, November 15), India‟s ship breaking industry goes hammer

and tongs. The Hindu, New Delhi.

www.basel.int. Accessed on 2009, 15 December

www.greenpeaceweb.org . Accessed on 2010,18 January

www.global-unions.org. Accessed on 2010, 2 January.

Page 73: Ship Breaking Industry in India

59

www.ilo.org/public/english/protection/safework/sectors/shipbrk/index.htm. Accessed

on 2010, 3 January

www.marisec.org/recycling. Accessed on 2009, 22 December.

Page 74: Ship Breaking Industry in India

60

Appendix: 1

Geographical location

Gujarat Mumbai (Mazgaon)

Bhavnagar

(Alang/ Sosiya)

Alang/ Sosiya

India

Gujarat

Turkey Pakistan India Bangladesh Vietnam China

Gujarat Mumbai (Mazgaon) Bhavnagar

World Bhavnagar

Page 75: Ship Breaking Industry in India

61

Appendix: 2

Sample of an interview schedule

Interview schedule

Decent work for Shipbreaking Workers

(A special reference to Alang, Sosiya and Mazgaon)

S.M. Fahimuddin Pasha

Intern at Mumbai Port Trust, Dock and General Employees’ Union,

M.A. in Globalization and Labour, School of Management and Labour Studies,

Tata Institute of Social Sciences, Mumbai

1. Location or area

2. Name

3. Sex

4. Age

5. Education

6. Religion

7. Caste

8. Occupation

9. Monthly income

10. Family details

SL.

No.

Name Relationship with

head of the family

Age Sex Education Marital

status

Occupation

1.

2.

3.

4.

5.

6.

Page 76: Ship Breaking Industry in India

62

7

8.

9.

10.

11.

12.

11. Are you a migrant worker?

a) Yes

b) No

12. How do you find your work (working condition of the respondent)?

a) Very good

b) Good

c) Average

d) Bad

e) Very bad

13. Regarding your working condition, which is/are following applicable for you?

a) Drinking water

b) Toilet

c) Bathroom

d) Rest shelter

e) Canteen

f) Any

other................................................................................................................

14. How does the management treat you?

a) Very co-operative

b) Cooperative

c) Neutral

Page 77: Ship Breaking Industry in India

63

d) Non –cooperative

15. Are you a member of Union (ASSRGWA/ MPTDGEU)?

a) Yes

b) No

16. What is your opinion about the Union (ASSRGWA/ MPTDGEU)?

a) They are real representative of workers.

b) They are tails of Employers

c) Can‟t say

17. Please tick the following health related problem/s by which you are suffering?

a) Itching

b) Skin diseases

c) Eye problems

d) Breathing problem

e) Hearing problem

f) Hyper tension

g) Lungs problems

h) Back bone problem

i) Any

other................................................................................................................

........................................................................................................................

........................................................................................................................

........................................................................................................................

........................................................................................................................

....................................................................................................................

18. Are you aware about safety rules related to your job?

a) Known

b) Unknown

19. How do you get about safety rules?

a) Management

b) Trade Union

c) Both

d) None of the above

20. Are you using following things for your safety or not?

a) Helmet

Page 78: Ship Breaking Industry in India

64

b) Shoes

c) Goggles

d) Face mask

e) Gloves

f) None of the above

g) Any

other/s.............................................................................................................

..

21. Do medical staffs available in your working place?

a) Always

b) Never

c) Sometime

22. How many times you got injury while working in plot?

a) Never

b) Only 1

c) 2 to 4

d) 4 to 6

e) More than 6

23. What was/were reason(s) for the injury?

a) Not using safety rules

b) Alcoholism

c) Technical problems

d) By fault of any workers

e) By fault of concern authority

f) Any other reason(s).....................................................................................

24. Please tick the following option/s where do you save/invest your money?

a) Fixed deposit

b) Post Office scheme

c) Insurance

d) Mutual fund

e) Share market

f) Any other……………………………………………………………………

Page 79: Ship Breaking Industry in India

65

25. From where you get the loan at the time of scarcity?

a) Money lenders

b) Bank

c) Cooperatives

d) Any other ………………………………………………………………….

26. What is/are major problem(s) of worker‟s in Shipping Industries?

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..........................................................................................................................

27. What is/are suggestion(s) you have regarding above problems?

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

28. Do you have any suggestion for making the union (ASSRGWA/MPTDGEU)

more affective?

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

Page 80: Ship Breaking Industry in India

66

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

Page 81: Ship Breaking Industry in India

67

Appendix: 3

Order of the Supreme Court of India

(1) Before a ship arrives at port, it should have proper consent from the authority

concerned or the State Maritime Board, stating that it does not contain any hazardous

waste or radioactive substances. AERB should be consulted in the matter in

appropriate cases.

(2) The ship should be properly decontaminated by the ship owner prior to the

breaking. This should be ensured by SPCBs.

(3) Waste generated by the ship-breaking process should be classified into hazardous

and non-hazardous categories, and their quantity should be made known to the

authority concerned or the State Maritime Board.

(4) Disposal of waste material viz, oil, cotton, dead cargo of inorganic material like

hydrated/solidified elements, thermocol pieces, glass wool, rubber, broken tiles, etc.

should be done in a proper manner, utilising technologies that meet the criteria of an

effective destruction efficiently of 99.9 percent, with no generation of persistent

organic pollutants, and complete containment of all gaseous, liquid and solid residues

for analysis and, if needed, reprocessing. Such disposed-of material should be kept at

a specified place earmarked for this purpose. Special care must be taken in the

handling of asbestos wastes, and total quantities of such waste shouldbe made known

to the authorities concerned. The Gujarat Pollution Control Board should authorise

appropriate final disposal of asbestos waste.

(5) The ship-breaking industries should be given authorization under Rule 5 of the

HW Rules, 2003, only if they have provisions for disposal of the waste in

environmentally sound manner. All authorisations should be renewed only if an

industry has facilities for disposal of waste in environmentally sound manner.

(6) The State Maritime Board should insist that all quantities of waste oil, sludge and

other similar mineral oils and paint chips are carefully removed from the ship and

taken immediately to areas outside the beach, for safe disposal.

Page 82: Ship Breaking Industry in India

68

(7) There should be immediate ban of burning of any material whether hazardous or

non-hazardous on the beach.

(8) The State Pollution Control Board (of Gujarat and other coastal States where this

ship-breaking activity is done) be directed to close all units which are not authorised

under the HW Rules.

(9) That the plots where no activities are being currently conducted should not be

allowed to commence any fresh ship-breaking activity unless they have necessary

authorisation.

(10) The Gujarat PCBs should ensure continuous monitoring of ambient air and noise

level as per the standards fixed. The Gujarat PCBs be further directed to install

proper equipment and infrastructure for analysis to enable them to conduct first-level

inspection of hazardous material, radioactive substances (wherever applicable). AER

shall be consulted in such cases.

(11) The Gujarat SPCB will ensure compliance with the new Gujarat Maritime Board

(Prevention of Fire and Accidents for Safety and Welfare of Workers and Protection

of Environment during Ship breaking Activities) Regulations, 2000, by the Gujarat

Maritime Board and should submit a compliance report to the Court within one year

of the coming into force of the said Regulations.

(12) The notification issued by GMB in 2001 on gas free for hot work, should be made

mandatory and no ship should be given a beaching permission unless this certificate

is shown. Any explosion irrespective of the possession of certification should be dealt

with sternly and the licence of the plot-holder should be cancelled and the Explosives

Inspector should be prosecuted accordingly for giving the false certificate.

(13) A complete inventory of hazardous waste on board of ship should be made

mandatory for the shipowner. And no breaking permission should be granted without

such an inventory. This inventory should also be submitted by GMB to SPCBs

concerned to ensure safe disposal of hazardous and toxic waste.

(14) The Gujarat Maritime Board and Gujarat SPCB officers should visit sites at

regular intervals so that the plot-owners know that these institutions are serious about

Page 83: Ship Breaking Industry in India

69

improvement in operational standards. An inter-ministerial Committee comprising

Ministry of Surface Transport, Ministry of Steel, Ministry of Labour and Ministry of

Environment should be constituted with the involvement of labour and environment

organisations and representatives of the ship-breaking industry.

(15) SPCBs along with the State Maritime Boards should prepare landfill sites and

incinerators as per CPCB guidelines and only after prior approval of CPCB. This

action should be taken in a time-bound manner. The maximum time allowed should be

one year.

(16) At the international level, India should participate in international meetings

on ship-breaking at the level of the International Maritime Organisation and the

Basel

Convention's Technical Working Group with a clear mandate for the decontamination

of ships of their hazardous substances such as asbestos, waste oil, gas and PCBs,

prior to export to India for breaking. Participation should include from Central and

State level.

(17) The continuation or expansion of the Alang ship-breaking operations should

be permitted subject to compliance with the above recommendations by the plot-

holders.

(18) That the above conditions also apply to other ship-breaking activities in other

coastal States."

It is desirable that the Government of India shall formulate a comprehensive

Code incorporating the recommendations and the same has to be operative until the

concerned Statutes are amended to be in line with the recommendations. Until the

Code comes into play, the recommendations shall be operative by virtue of this order.

Until further orders, the officials of Gujarat Maritime Board, the concerned State

Pollution Control Board, officials of the Customs Department, National Institute of

Occupational Health (in short 'NIOH') and Atomic Energy Regulatory Board (in

short 'AERB') shall oversee the arrangement. The Collector of the district shall be

associated when the actual dismantling takes place. Within three weeks the Central

Government shall notify the particular authorities. The vetting of the documents to be

Page 84: Ship Breaking Industry in India

70

submitted for the purpose of grant of permission for ship breaking shall be done by

the authorities indicated above.

Page 85: Ship Breaking Industry in India

71

Appendix: 4

Materials which are obtained on breaking different types of ships

Steel plates, structures, pipes, beams, angles, channels, etc.

Electrical equipments

Engine and spare parts

Generators

Refrigerator and washing machine

Wood (Door, panels, furniture, chairs, sofa-sets, tables, etc.)

Cable (PVC coated Cu and all cables)

Glass and wool, thermocoal (Sheet form)

Oil (Furnace oil, lubricating oil, transformer oil and oil sludge)

Lead acid batteries

Compressor, boilers, valves & exhaust pipes

Lifeboats

Kitchen fixtures, sinks, cutlery

Computers, Printers

Air conditioners, television sets, fans

Non ferrous scrap like brass, copper

Rubber, rexins, plastics, cardboard, cement tiles and excreta.

Page 86: Ship Breaking Industry in India

72

Appendix: 5

List of hazardous substances generated while shipbreaking activities

Ammonia

Asbestos sheets and ropes

Ceramic tiles

Chlorofluro carbons (CFC)

Fiberglass

Glass wool and fibrous insulation

Inflammable gasses

Linoleum

Oil

Paint chips

Plastics

Scale generated during gas cutting

of steel

Sludge

Sun- mica.

Thermo-coal

Page 87: Ship Breaking Industry in India

73

Appendix: 6

Occupational diseases and accidents in shipbreaking industry

Lead poisoning, including

poisoning by any preparation or

compound of lead or their sequela.

Lead tetra-ethyl poisoning.

Phosphorus poisoning or its

sequela.

Mercury poisoning or its sequela.

Manganese poisoning or its

sequela.

Arsenic poisoning or its sequela.

Poisoning by nitrous fumes.

Carbon bisulphide poisoning.

Benzene poisoning, including

poisoning amide derivatives or its

sequela.

Chrome ulceration or its sequela.

Anthrax.

Silicosis.

Poi soiling by halogens or halogen

derivatives of the hydrocarbons

series.

Pathological manifestations due to-

Radium or other radioactive

substances.

X-ray.

Primary epitheliomatous cancer of

the skin.

Toxic anaemia.

Toxic jaundice due to poisonous

substances.

Oil acne or dermatitis due to

mineral oils and compounds

containing mineral oil base.

Byssionosis.

Asbestosis.

Occupational or contact dermatitis

caused by direct contract with

chemicals and paints.

These are of two types, that is,

primary irritants and allergic

sanitizers.

Noise induced hearing loss

(exposure to high noise levels).

Beriyllium poisoning

Page 88: Ship Breaking Industry in India

74

Carbon monoxide.

Coal miners pneumoconiosis.

Phosgene poisoning.

Occupational cancer.

Isocyanates poisoning,

Toxic nephritis.

Animal Bites

Vectors of infectious diseases

(T.B., Malaria, etc.)

Communicable diseases

transmitted by pets, vermin,

rodents, insects.

Backache

Spondalise

Page 89: Ship Breaking Industry in India

75

Appendix: 7

Photographs related with study

One of the plot in Alang, where workers performing their duty

Interview of the workers

Page 90: Ship Breaking Industry in India

76

.

Children of shipbreaking workers attending the

informal school run by MPTDGEU in Mazgaon.

Materials obtained from ship dismantling.