Bolstering legal lifelines

Construction sites are one of the most risky of all workplaces. Accidents often happen, and some even go unreported. In most cases, workers are not aware of the laws. Providing knowledge of free legal assistance that workers can directly avail may help.

Providing free legal aid to construction workers at the construction site itself will help resolve issues to some extent and create a better check on accidents. Provisions for making workers aware of labour inspectors already exist. Regulations require that in case of an accident, employers shall report to authorities. However, it is also important to make workers independent so that no case goes inadequately dealt with. Thus, there should be mandatory provisions for including details of free legal services and senior police officials' working mobile numbers at conspicuous places at the construction site, in a language understood by the workers and through pictures. It is also important to have CCTV cameras at building sites. The free legal aid system of India ensures that justice is available to the poor, downtrodden, and weaker sections of society. Article 39A of the Constitution of India provides that the State shall ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid, by suitable legislations or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Legal aid facilities are widely provided in various courts. There has been considerable and positive development in this area.

Current provisions mandate, as per Section 30(2) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Central and State Rules thereunder, that every employer is required to keep exhibited notices containing prescribed particulars such as rates of wages, hours of work, wage period, date of payment, and names and addresses of the jurisdictional inspectors at a conspicuous place. As per Section 39 of the BOCWC Act, if an accident occurs in any establishment causing death or bodily injury, the employer is required to give notice thereof to the relevant authority, in such form and within such time as may be prescribed. The authority then enquires into the issue. Rule 210 under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998, refers to a similar notice. Depending on the kind of accident and the facts and circumstances, notices are to be sent to authorities such as the board with which the building work involved in the accident was registered as a beneficiary; the Chief Inspector of Inspection of Building and Construction; the next of kin or other relatives of the building worker involved in the accident; the officer in charge of the nearest police station; the District Magistrate, or, if the District Magistrate so desires, to the delegated officer having jurisdiction, inspectors, etc. However, such provisions are not sufficient as they do not empower or make workers independent to fight for themselves. In fact, workers are also ignorant about such laws. Therefore, empowering workers with knowledge of free legal aid at the worksite itself will empower them to some extent by connecting them directly to the legal system and aid.

Accidents on projects happen due to various factors like risky practices, lack of appropriate arrangements, poor administration, lack of information, and safety rules. Due to these factors, many construction workers are exposed to accidents. It becomes a vital responsibility of authorities and organisations to follow safety standards, provide adequate safety facilities, and take measures to ensure labour protection. However, lethargy and ignorance in systems are well known. While there is no dearth of laws, what we lack is awareness and implementation. Connecting legal aid will make awareness and execution faster.

Apart from this, like the provisions for holding workshops on issues like gender sensitisation, provisions need to be made for the safety of construction workers. Many times, workers think they may be responsible for accidents due to their own negligence. Several cases also go inadequately compensated. Empowering workers and making them legally independent is thus essential for helping them work in safer conditions.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal