The tea industry might bring to mind images of lush green plantations, but the reality of the lives of workers in Assam's tea estates tells a much darker story. While tea is a significant industry in the state, the people who work hard to bring it to our cups often encounter difficulties like low pay, poor living conditions, and unmet promises. Even with many laws designed to safeguard these workers, the disparity between what is written and what happens in reality is striking.
A Legacy of Exploitation
The tea industry in Assam originated in the colonial period, and sadly, many unfair practices from that era persist to this day. To overcome these difficulties, the Plantation Labour Act of 1951 was passed, which meant that the workers were to be provided with reasonable medical, decent living, housing and education facilities for the children of the workers.1 Despite many years, we can observe that in many plantations, conditions for people remain inadmissible. They live in congested and dirty places with limited access to safe water for drinking, hand basins, baths, and even healthy facilities scarce, to say the least.2 The wages are another painful chapter in this story. Assam's tea workers are some of the lowest-paid in the country, with daily wages ranging between ₹170 to ₹200.3 This is far below what would be considered a living wage, even under India's Minimum Wages Act, 1948. The law may promise fair pay, but the workers in Assam's tea gardens rarely see that promise fulfilled.
A Battle in the Courts
Recently, the Supreme Court of India intervened once more to tackle the issue of unpaid dues owed to tea garden workers, calling on Assam's Chief Secretary to clarify the lack of significant actions taken to compensate these individuals. International Union of Food and Agricultural Workers & Ors v. Union of India,4 has brought to light the struggles faced by workers, representing a significant moment in their continuous battle for rights and acknowledgement.
In 2010, the Supreme Court instructed the Central government to release more than ₹645 crore to the workers, addressing unpaid statutory dues and outstanding provident fund contributions. The contempt petition that followed in 2012 showed how little had been done since the original ruling. The recent summon has come after a one-man committee headed by retired Justice Sapre stated that workers were due ₹ 414 crore while ₹ 230 crore is unaccounted for for the provident fund.5
Minimum Wages: A Far Cry from Reality
The core of the problem is the ongoing disregard for wage laws. The legal minimum wage, intended to help workers cover essential needs such as food, shelter, and clothing, is still unattainable for numerous tea garden workers. Wages were not only kept low, but deductions were frequently made for things like housing and food, services that, according to the law, should be provided free of charge. It's not just the wages that fall short; the housing provided to workers is often no better than slums. These violations stand in direct conflict with the Plantation Labour Act, which specifically mandates decent living conditions for tea garden workers and their families.
Child Labour: The Silent Tragedy
Yet another problem which has emerged in the tea plantations is the use of child labour. Despite the protective measures that the Indian government has put in place through the Child Labour (Prohibition and Regulation) Act of 1986, children remain engaged in tea planting.6 It's truly devastating to witness young ones in perilous circumstances, whether they're helping their parents or compelled to work due to their family's urgent financial struggles. These children often encounter obstacles to their right to education, as guaranteed by the Right of Children to Free and Compulsory Education Act, 2009, trapping them in a cycle of poverty. Many find themselves in the same position as their parents, unable to escape the struggles that have been passed down through generations.
Health and Safety Violations
Workers on tea plantations face numerous health risks due to insufficient safety protocols in the industry. Individuals often apply harmful substances such as pesticides and fertilizers without the appropriate protective equipment, despite regulations like the Factories Act of 1948 designed to promote safety. Workers often face challenges with breathing, skin issues, and a range of persistent health problems as a result. The dangers are immense and given to women and children primarily since pregnant women risk miscarriage following exposure to chemicals.7
Where Do We Go from Here?
The situation in Assam's tea estates reveals troubling violations of India's labour laws, sparking major concerns about the persistent exploitation within an industry that is crucial to the economies of both the state and the country. The judiciary has played a crucial role in an accountability process that is exemplified by the recent Supreme Court's call on the Assam's chief secretary.8 But relying solely on legal measures will not be able to solve the problem. If social commitment towards suffering tea garden workers and the implementation of current regulation is not seriously put into practice, it may rather worsen in the coming days.
Lastly, the issue can be summed up as a lack of accountability and blatant disrespect for the system. The management of the tea estates, mostly big companies, ought to be held responsible for the standard and nature of living and working in their companies. Therefore, it becomes the responsibility of both states as well as the central government to act and ensure that those companies do not violate the law. They require armouring with powers to ensure their rights are protected with better and stronger unions and better and enhanced access to legal aid.
Footnotes
1 Plantation Labour Act, 1951, §10.
2 Global Network, Fact Finding Mission Report, 'A life without dignity – the price of your cup of tea Abuses and violations of human rights in tea plantations in India'.
3 The Hindu, 'Wages of Assam tea workers meagre, shortcomings in welfare scheme implementation: CAG report', 1 Sept 2024, available at: https://www.thehindu.com/news/national/assam/wages-of-assam-tea-workers-meagre-shortcomings-in-welfare-scheme-implementation-cag-report/article68592439.ece.
4 International Union of Food and Agricultural Workers & Ors v. Union of India, CONMT.PET.(C) No. 16/2012 In W.P.(C) No. 365/2006.
5 India Today, 'Assam: SC orders payment of Rs 650 crores to workers of 25 tea gardens in state', 8 Feb 2023, available at: https://www.indiatodayne.in/assam/story/assam-sc-orders-payment-of-rs-650-crores-to-workers-of-25-tea-gardens-in-state-509343-2023-02-08.
6 Shikhamoni Gogoi And T. Radha , 'Assessment Of The Socio-Economic And Health Conditions Of Women Tea Plantation Workers In Nambornadi Tea Estate, Assam', J. Res. ANGRAU 51 (3) 170-173, 2023.
7 Orchie Bandyopadhyay, British Safety Council, 'India's tea gardens: poor conditions persist', 12 Sep 2022, available at: https://www.britsafe.in/safety-management-news/2022/india-s-tea-gardens-poor-conditions-persist.
8 Amisha Shrivastava, Live Law, 'State Must Answer Why There Is No Sincere Effort To Pay Dues Of Tea Garden Workers: Supreme Court Summons Assam Chief Secretary', 22 Oct 2024, available at: https://www.livelaw.in/top-stories/state-must-answer-why-there-is-no-sincere-effort-to-pay-dues-of-tea-garden-workers-supreme-court-summons-assam-chief-secretary-273146.
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