CITU supports road transport workers’ struggle and demands that the stringent punitive provision 104(2) of BNS be deleted
Centre of Indian Trade Unions (CITU) notes with grave seriousness the spontaneous outburst of the protest actions throughout the country by the Road Transport fraternity including the mass of the road transport workers arising out of thoughtless exercise of hasty passage of the so called Bharatiya Nyaa Sanhita, replacing Indian Penal Code and in particular impractical, unjust and unconstitutional provisions put therein relating to road transport accidents arbitrarily empowering executive/authority concerned to impose atrocious penalty and punitive action.
The entire exercise of passing three penal legislations called Bhartiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bhartiya Sakshya Sanhita, replacing the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, was pushed through by the Government at the Centre, bulldozing any discussion in Parliament and also ignoring the consensus recommendations of the Parliamentary Standing Committee on Home Affairs in a brazenly authoritarian manner. It’s patently clear given their authoritarian attitude they would not allow to have a meaningful debate and discussion in the Parliament leave alone public consultations and discussions with stakeholders- particularly the road transport workers unions.
In the name of de-colonizing the criminal justice system, above legislations have been pushed through. Any process of de-colonisation worth name should entails giving more power to people than treated as subjects during the colonial regime. But in action the Central Govt did just opposite, while touting on its deceptive claim. One of the major points of their claims of decolonization is the removal of section 124(a) of IPC, popularly known as the sedition law. But, if we closely examine the BNS, the same draconian content and intent were retained in section 150 of BNS. And there are many other examples of such deceptive claims in these legislations only.
Moreover, it has expanded the power of police and the executive arbitrarily and abnormally. One of such more glaring instances is the amending of IPC provisions related to the road accidents and other rash and negligent acts/driving where it proposes a jail term of 10 years and/or fine, if a person is found involved in rash driving, escapes the crime scene (mostly out of in fear) and fails to report the incident to police.
The section 104 (2) of BNS says, “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a police officer or magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.”
Currently, incidents of hit-and-run are registered under sections 279 (rash or reckless driving), 304A (causing death by negligence) and 338 (endangering life or personal safety of others) of the IPC. The punishment for causing death due to rash and negligent driving under 304A is two years.
It is relevant to recall that after its first introduction in the Lok Sabha on 11th August 2023, it was referred to the Parliamentary Standing Committee on Home Affairs where the committee has recommended reconsidering this section 104(2). The para 3.20.5 of the recommendation of the Standing Committee says that “The Committee is of the view that clause 104(2) may be against the Article 20(3) of the Constitution of India which says - ‘No person accused of an offence shall be compelled to be a witness against himself’. But, the Supreme Court has widened the scope of this immunity by interpreting the word ‘witness’ to include oral as well as documentary evidence so that no person can be compelled to be a witness to support a prosecution against himself. Hence, further contemplation is required, if the Government still seeks to retain this new provision”.
Given governments’ scant respect to Parliamentary democracy, we cannot expect them to listen to any such collective wisdoms. Accordingly, they were more recalcitrant and retained the same ten years’ imprisonment with a new provision 104(2) adding the term ‘driving’ with rash and negligent act against the above mentioned article of Constitution and the Recommendation of Parliamentary Standing Committee.
In this background, motor workers across the country have been on struggle for past three days against these draconian provisions. CITU extends its wholehearted support to the strike actions of road transport workers.
Sensing the surging support for the strike among the vehicle-driving public and workers, Government has assured not to implement that punitive provision but has not uttered any word to revise the same. Thus, CITU demands that this section 104(2) has to be deleted from the penal statue and all stakeholders- particularly the road transport sector trade unions should be consulted on the future corrective measures on these issues.
Issued by:
Tapan Sen
General Secretary
Take Immediate Action on Complaint of Sexual Harassment; Punish the Guilty | Ensure strict implementation of the POSH Act in all institutions including the judicial Institutions
The Centre of Indian Trade Unions (CITU) and its women’s sub-committee, the All India Coordination Committee of Working Women (AICCWW-CITU) express their anguish at the shocking revelation of a civil judge from Banda, Uttar Pradesh about the sexual harassment and torture she has undergone to the extent making her seeking permission to end her life.
The complaint by the civil judge against a particular district judge and his associates that she was abused in the open court and her continuous complaints including an application for transfer has been of no use, gives a picture of the situationfaced by the working women even of the stature of a judge in the judicial system as well.
Her narration (as reported) that “I wish to tell the working women in India; Learn to live with sexual harassment. It’s the truth of our lives” and “The POSH Act (2013) is a big wholesome lie” reflects the experience of the majority of the working women in our country who are non- unionised and are compelled to fight their battle individually. If this is the plight of a judge, one can imagine what private sector women worker and the unorganised sector working women are facing.
AICCWW (CITU) has been continuously demanding and fighting for the strict implementation of the POSH Act in all the workplaces including in the unorganised sector. In most of the establishments including the central government offices and ministries, the Internal Committees as per the POSH Act is not formed or not functioning even after ten years of the passing of the law. The Local committees are not even formed in majority of the districts.
It is the experience of the working women’s movement in the country that through collective effort and unionization we could make this law implemented. It has been a demand of the trade union movement that the representatives (women) of the trade unions must also be included in the ICs.
We welcome that the Chief Justice of India has ordered and enquiry into the case. We demand that a thorough stock taking of the functioning of the ICs as well as the local committees and strict implementation of the law in both organised as well as unorganised sectors immediately by the concerned ministry and enforcement authorities at various levels.
CITU and AICCWW(CITU) call upon the working women in general and its units and women’s sub committees in particular to intensify the campaign among the workers on their rights and the struggles for the implementation of the POSH Act.
Issued by
A R Sindhu
Convenor, AICCWW(CITU)
Secretary CITU
CWFI Writes to Prime Minister of India
Construction Workers Safety Matters!
Conduct Through Probe into the Silkyara Tunnel Collapse!
Take Stringent Action Against Those Responsible!
The Construction Workers Federation of India (CWFI)expressed relief at the rescue of the 41 construction workers from the Silkyara tunnel in Uttarkashi in Uttarakhand and congratulated the rat miners for their contribution rescuing the workers.
The Uttarkashi tunnel collapse raises alarming questions about the negligence of the contractor and the authorities in taking measures for the safety of the workers following revelations that the tunnel lacked a requisite escape route. It also exposed the laxity and violations of the existing legal provisions and norms.
The Silkyaratunnel collapse is only one in a series of accidents, which occur due to the utter negligence of the authorities and the construction companies. The tunnel collapse incident once again exposes the disastrous consequences of handing over public infrastructure management, both at state and Centre to private corporate contractors that too on liberal deregulated formats, from the state run public works departments.
The Hyderabad based NavayugaEnginerringCompany, which is executing the project is the same company which is constructing the Nagpur – Mumbai Samruddhi Expressway in Maharashtra’s Thane district where barely three months ago 20 construction workers lost their lives when a gantry crane collapsed and fell on the workers and engineers present at the site. Though a FIR was registered against the Navayuga Engineering Company after Samriddhi Expressway accident, no action was taken. The same company has been granted the RishikeshKarnaprayag rail link project. It seems that like the Adani group, Navayuga has become a favoured company for the Modi government in infrastructure projects.
CWFI has written letters to Prime Minister of India and Chief Minister of Uttarakhand on 30th November 2023 highlighting the gross safety violations in Silkyara tunnel collapse and demandedthorough judicial probe into the whole matter to fix accountability and stringent punishment for those who are responsible for this dreadful incident. It has also demanded that no construction work should be allowed without ensuing that all the necessary safety measures are put in place.
It demanded that the government of India ratify ILO conventions related to health and safety, which have been brought under fundamental principles of rights at work by the ILO in its session in 2022.
CWFI has decided to take up an extensive campaign on the above demands across the country in the coming months of December - January.
All the affiliated unions of CWFI will also send letters to Prime Minister and CM, Uttarakhand on 1st December, 2023 as a part of CWFI’s nationwide campaign to expose the callousness of government.
Issued by:
U.P Joseph,
General Secretary
Long Live Comrade N. Sankaraiah!
Centre of Indian Trade Unions (CITU) expresses its deep grief at the sad demise of Comrade N. Sankaraiah, the freedom fighter and veteran communist leader today 15th November, 2023 at Chennai where he was admitted in a private hospital under brief illness. He was 102 years old.
Born on 15th July 1922, Sankariah joined the Communist Party in 1940 and became one of the key organisers of the united Party in Tamilnadu.
Comrade Sankaraiah was first arrested in 1941, when he was a student of The American College in Madurai. He organised a protest in support of the students of Annamalai University in Chidambaram, at the instance of late Communist leader A.K. Gopalan, who was in underground then in Madurai. When the police searched the students’ hostel, they found pamphlets written by Sanakaraiah, and he was arrested. The incident put an end to his institutional studies. He could not complete his degree, as he was put in prison just 15 days before his final examinations. His first jail term lasted 18 months.
Comrade Sankaraiah had also actively participated in the Quit India movement during the struggle of Independence. In his long political career, he had spent nine years in prison during both pre-Independence days, and later after the country achieved freedom as well. He was the one of the major accused in the Madurai Conspiracy case filed in 1946. When CPI(M) was subjected to repression in 1965, he was arrested and incarcerated in prison for 16 months.
He made a major contribution in building the Communist movement in Tamilnadu and he served as the secretary of state committee from 1995 to 2002. He was the party Central Committee Member for more than two decades. He was elected thrice to the Tamilnadu state Assembly in 1967, 1977 and 1980. He was the leader of the CPI(M) group in the Assembly in 1977 and 1980.
He was also involved in organizing peasants and became the General Secretary and President of the All India Kisan Sabha.
He was an erudite speaker in chaste Tamil and could drive home the working class politics and policies among the toiling people lucidly. In the death of Comrade N. Sankaraiah, Indian working class movement has lost one of its tallest leaders of having great legacy of sacrifice and dedication. CITU dips its red flag in memory and respect of Com N. Sankaraiah, and convey its heartfelt condolences to his two sons and family members.
Issued By
Tapan Sen
General Secretary
CONDOLENCE - COMRADE BASUDEB ACHARIA
The Centre of Indian Trade Unions (CITU) is extremely grieved at the passing away of the veteran leader of the working class movement and also a veteran parliamentarian comrade Basudeb Acharia, today on 13th November 2023 after prolonged ailment in a hospital at Hyderabad at the age of 82. Com Basudeb Acharia had been the national Vice President of CITU for decades and had been the permanent invitee to the national secretariat of CITU since last six years.
Comrade Basudeb Acharia got actively involved in the working class movement from the very beginning of active political life and played the frontline role in the trade union movement across the sectors, both organized and unorganized. Till his demise he had been the President of All India Coal Workers Federation and led many militant struggles of coal workers including numerous strike actions. Besides coal, he was also active in coordinating the movement of Railway workers in various segments, viz., Loco Running, railway contract workers of various trades/occupations and played crucial role in getting a large sections of temporary/casual/contract workers regularized as permanent workers in Railways. He was also involved in FCI workers’ movement and many others. He was also President of All India Union of LIC Agents till its last Conference.
Com Basudeb Acharia also played a memorable role as a veteran Parliamentarian during his long nine time tenure as a member of Lok Sabha, elected from West Bengal from 1980 till 2014 in championing the cause of the toiling people of the country, both inside and outside the Parliament. He played crucial role as Chairman of the Parliamentary Standing Committee of Railways in opposing, and in many cases halting the neoliberal privatization oriented measures in Railways by the successive govts at the centre. And the most memorable part of his services to the toiling people had been that his door was always open to all the workers irrespective of their trade union affiliations and their states, whosoever approached him for any difficulties/problems. He used to respond to all of them with his intervention.
Comrade Basudeb Acharia throughout his active political life did articulate as to how the movement of the working people is effectively advanced, promoted and also combined through united struggles outside the Parliament along with effective interventions within the Parliamentary forum. His forthright interventions within the Parliament on all the issues and occasions of the struggles of the working people will be remembered for ever.
His failing health owing to various ailments could not deter him from his physical presence and interventions in most of the important struggles by the working class, both at national level and in at sectoral level in numerous sectors. He rarely failed to attend the organizational meetings of CITU. As President of All India Coal Workers Federation, com Acharia used to move to different collieries throughout the country. Even a month or so before his demise, he was seen in attending the dharna of Loco Running Staff, demonstration by FCI godown workers in Adra, Purulia and the adjoining area. Till the last breath, except during his detention in hospital, Com Basudev Acharia rarely failed to remain active in the struggle of the working people from the frontline.
With his passing away, the working class movement lost a stalwart leader with the strongest conviction in the ideology of the working class and the determinant role of the working class in the battle for change of the exploitative system; a big void is created which is difficult to fill up.
CITU conveys its heartfelt condolences to the bereaved family members of the departed leader, dips its banner and submits homage of respect to the great contribution of comrade Basudeb Acharia for the cause of the people and the toiling class. Red Salute to Comrade Basudeb Acharia……
Tapan Sen
General Secretary
Stop Sending Indian Workers to Israel to Complement Its Genocidal Misdeed Stand Firm In Solidarity With Palestine Demanding Immediate Ceasefire and Occupation-Free Palestinian Homeland
It is reported that while carrying on genocidal attack on Palestine killing several thousands Palestinian people, including women and children, the Israel Authority has also reportedly issued order for Palestinian workers, working in various sectors within Israel to leave Israel. In that process of the same the Israeli Builders’ Association has taken move to urge India to send 50,000 to 1,00,000 workers, construction workers in particular from India for working in Israel. The Israeli Builders Association has also reportedly sent their request to Govt of India directly and also through Israeli Govt.
The Centre of Indian Trade Unions, while denouncing and condemning such brutal inhuman acts of the Israeli Authority against the Palestinian workers in Israel, to supplement its ongoing genocidal massacre on Palestine, demands upon the Govt of India not to allow sending Indian workers, including construction workers to Israel. CITU also alerts and calls upon the working people to respond to and refuse any such move by the Govt, if any, with contempt.
CITU welcomes the resolution adopted and call given by Construction Workers’ Federation of India (CITU) to frontally oppose any such move to dispatch Indian workers to Israel at this crucial time.
CITU, on behalf of the working class, reiterates its demand upon Govt of India to refuse to respond to any such purported move of the Israeli Govt and the Builders’ Association there. The Govt of India must rather support, shunning all vacillation, the latest UN Resolution for immediate ceasefire by Israel on a humanitarian truce and to ensure a Palestinian Homeland with pre-1967 border, free from all occupation.
CITU calls upon the working people throughout India to organize massive solidarity mobilization in support of Palestinian people and their demand for Homeland as per UN resolutions and against the US-imperialist backed ongoing genocide against Palestine.
CITU also calls upon the working class to join the protest-cum solidarity action on Palestinian issue being organized by the progressive and Left forces during 7-10 November 2023, when the US State Secretary Antony Blinken and US Defence Secretary Lloyd Austin are visiting India.
( Tapan Sen )
General Secretary
Don’t Send Indian Construction Workers to Israel to Replace Palestinian Workers - CWFI
The Construction Workers, Federation of India expresses serious concern at the reports that talks are going on between India and Israel over sending construction workers from India to work in Israel in place of Palestinian workers who are not in a position to work since the Israeli war on Palestine. It is reported that Israeli authorities have ordered Palestinian workers working in different sectors in Israel with work permits to leave, as part of their attacks on Palestinians. While the Israeli Builders, Association has asked for 50000 -100000 Indian construction workers to replace Palestinian workers, it is reported that Israel and India are negotiating about sending 15000 workers.
The Construction Workers Federation of India strongly objects to any attempt to send the poor construction workers of our country to Israel to overcome its shortage of workers and in any way support its genocidal attacks on Palestine killing thousands of innocent people including children and women.
The Construction Workers Federation of India demands that Indian government support the UN resolution calling for immediate ceasefire, Palestinian state with 1967 borders and East Jerusalem as its capital. CWFI demands the Government of India to use its diplomatic relations with Israel to abide by the UN resolution instead of negotiating for sending construction workers to that country.
CWFI calls upon all its members, all the construction workers of India and also the people to protest against the moves to put the lives of construction workers of our country at risk by sending them to Israel and make them indirect partners in its genocidal attacks on Palestinians.
Construction workers of India stand in solidarity with the working class and the people of Palestine under genocidal attack by Israel with the full backing of the USA and other imperialist countries
UP Joseph
General Secretary
Homage to Comrade Anathalavattom Anandan
Centre of Indian Trade Unions(CITU) pays respectful homage to veteran trade union leader, All India Vice President and Kerala State President of CITU, Comrade Anathalavattom Anandan who passed away today (5 October 2023) at Thiruvananthapuram. He was under treatment for cancer. He was 86 years old.
Comrade Anandan was born on 22 April 1937 in Anathalavattom in Thiruvananthapuram district. Anandan started his political activities during his school days itself. He worked as a coir worker and organized the coir workers. In 1958, he has organsied a mighty struggle of coir workers demanding an increase inwages. This was when the first communist government was in power and the mill owners were denying the rights of the workers.He became the undisputed leader of the coir workers in Kerala through innumerable struggles facing severe repression. He led many state marches of coir workers including the one in 1973 to protest against the local police killing of Comrade Ammu, a coir worker at Vazhamuttom in Thiruvananthapuram district. He led the famous Coir Strike in 1975.He took the lead in forming cooperatives of coir workers as well. He served as the General Secretary and President of the Coir Workers’ Centre, Kerala since 1973. He was also the general secretary of Travancore Coir Thozhilali Union from 1970 to 1995.
He had organised many sections of the most downtrodden sections of the working class in Kerala. An uncompromising leader to the cause of the working class, he led many unions of various sections, ranging from the traditional sectors, unorganized sector as well as the most modern organsied sector. He led unions of Press Workers , Sawmill Workers private transport workers, toddy tappers, Serifed Employees, SIDCO Employees and so on. He served as the president of Kerala State Road Transport Employees Association (KSRTEA), Kerala Financial Corporation Officers' Association, Kerala State Co-Operative Bank Employees Federation, Khadi Board Employees Association, and Travancore Titanium Officers' Association.
Comrade Anandan has faced many hardships and state repression in his seven decade long public life. He has been arrested and detained on several occasions, as well as injured during protests. He led a ‘hunger march’ throughout Kerala in 1975 just before emergency. During the Emergency, he went underground for a year and a half and was declared a wanted fugitive under infamous MISA. He was arrested in November 1976 and detained until the lifting of the Emergency.
Comrade Anandan was actively involved in CITU since its inception and had attended all the All India Conferences of CITU from the foundation conference and he was elected as the President of the CITU Kerala State unit in 2013. He has also been a member of the All India Working Committee of CITU since 1979 and was elected as an All India Office Bearer in 2013 and continued in the position till date.
Comrade Anandan was a member of state secretariat of CPI(M).
He lived a very simple life and was a popular leader of the people. He served as the President of Chirayinkeezhu Grama Panchayath from 1979 to 1984, and was then elected to the Kerala Legislative Assembly three times from Attingal Constituency in 1987, 1996 and in 2006. He always raised issues of the working people in the Assembly. He was the Chief whip of the Government from 2006 to 2011 in the Left Democratic Front ministry.
Anandan served as the director of the Kerala State Coir Marketing Federation (Coirfed) from 1979 to 2001, and was the Chairman of Coirfed in 1989. He has also served as the Chairman of Foam Mattings India Ltd and Vice Chairman of National Coir Research & Management Institute (NCRMI).
He is married to Laila and has two children.
At this political juncture, loosing a comrade like him who was uncompromisingly dedicated to the class struggle and the working class ideology is a great loss to the working people of Kerala, CITU and the working class movement in particular. CITU dips its red flag in salute to the memory of the departed leader and conveys our heartfelt condolences to his family and the comrades.
Issued by
Tapan Sen,
General Secretary
CITU Secretariat
Stop Harassment of Those Who Speak the Truth
Centre of Indian Trade Unions (CITU) strongly condemns the raids of the homes of journalists, scientists, cultural historians and several others in the early morning today by the Delhi police under the Home Ministry of the government of India, invoking the draconian UAPA.
This is nothing but an open onslaught on the right to freedom of expression guaranteed by our Constitution. It is a blatant attempt to suppress voices that have been opposing the Modi government’s disastrous policies imposing huge burdens on the people on the one hand and the spread of communal poison and hatred on the other.
The Modi government has become notorious for deploying investigation agencies and foisting false cases to harass, intimidate and threaten independent media houses, organisations and individuals who have been making efforts to bring out the truth in the face of the continuous misinformation campaign and dissemination of fake news by its godi media.
BBC, Newslaundry, The Wire, Dainik Bhaskar and several other news agencies were targeted earlier. Now it has turned its ire against NewsClick, raiding the houses and taking away the laptops and mobile phones of its officials and employees.
Such authoritarian measures only show the increasing intolerance of the Modi government to any criticism against its anti worker, anti people and anti national policies, particularly in the wake of the growing united actions of the people, when Parliament elections are only a few months away.
CITU calls upon the workers and all sections of the people to strongly protest these heinous attacks aimed to suppress the media and prevent it from discharging its responsibility of bringing out the truth in a democratic society.
Issued by:
Tapan Sen
General Secretary
CITU Congratulates PAME and Greek Working class for their successful All Workers Strike
The Centre of Indian Trade Unions (CITU) a class oriented Trade Union confederation representing more than 7 million workers and an affiliate of WFTU, extends its international working class solidarity to the Greek working class who under the banner of PAME went on a nationwide Workers strike on 21st September, 2023 against unbridled attacks on lives and livelihood of the workers, wage and pension freeze, lengthening of working hours, soaring inflation, worsening job security condition of workers, growing precarious nature of jobs and unemployment.
After reinstallation of ruling ND Government in Greece under the prime minister Kyriakos Mitsotakis, the ND government renewed its policy assault on the working people, recently prime minister announced a savage austerity drive along with freeze on wage and pension. The government introduced a new bill in the parliament that imposes 13 hours work days, 78-hour work weeks, proceeds to abolish the work break, a number of benefits as a result of the dominance of new flexible forms of employment, they want to abolish the five-day work week and Sunday holiday in more sectors such as the food industry. Also the bill further criminalizes the right to strike and trade union action.
Against these brutal policy onslaughts, the PAME called for a nationwide workers strike on 21st September, that garnered huge popular support. On the strike day, Greece witnessed a collective action of the workers in the main Greek cities Athens, Piraeus, Patras, Lavrio, Lesvos.
The CITU fully supports the just demands of the PAME and demands upon the Greek Government to pay heed to demands of the workers. The CITU once again congratulates the working class of Greece in general and PAME in particular for their successful strike actions and calls upon its affiliates and members and also the entire fraternity of the WFTU within the country and abroad to organize solidarity actions.
Issued by
Swadesh DevRoye
National Secretary, CITU & Head of International Affairs