THE TAMILNADU NATIONAL LAW SCHOOL,

TIRUCHIRAPPALLI

LABOUR LAW-I

Critical Analysis On Workmen In Ship Breaking Industry

By
A.VIGNAESHWAR
(Registration No: BC0140064)
 INTRODUCTION

A Ship can be defined as a vessel of any type what so ever operating under its own power or
otherwise in the marine environment, including hydrofoil Ships, air-cushion vehicles, and
submersibles, floating craft, and fixed or floating platforms, and a vessel that has been stripped
of equipment, or is towed. Ship breaking is an inseparable part of the Shipping business. For as
long as Ships have existed, Ship breaking, has been the way Ships ended their lives if they are
not lost at the sea. Compared to Ship building, Ship breaking is a rough business. Most of the
worlds Ship breaking industry uses manual labour to dismantle Ships. In the 18th century, Ships
were sold to a breaker for recovery of spare parts, firewood, iron and brass parts for continued
use in new Ships or for re-melting. Everything was reused in some way. The economics of the
system was very straightforward - the owner receives money for his Ship, the breaker receives
enough money for his scrap to pay his expenses and make a profit.1

Ship breaking is a mind boggling process and includes numerous natural, work, security, and
wellbeing issues. Ship breaking is the way toward disassembling an outdated vessel structure for
scrapping or transfer. Led at a shoreline, wharf, dry dock or disassembling slip, it incorporates an
extensive variety of exercises, from expelling all apparatus and hardware to chopping down and
reusing the Ship framework. Being perceived as the most risky occupation it has come up
immensely in nations like India, Bangladesh, Pakistan, China and so on and has gone to its low
in the created regions. Ship breaking is a standout amongst the most unsafe occupations falling in
the classification of risky waste administration and is not generally secured by typical work and
social insurance laws as it doesn't have industry status and consequently Indian Factory Act,
1948 is not relevant to it which gives certain advantages to representatives.2

1 Scribd Inc, Energy dismantling, https://www.scribd.com/document/284991392/Energy-Dismantling. (last visited

Sep. 20, 2016).

2 YPSA, Shipbreaking in India, https://www.Shipbreakingind.info/. (last visited Sep. 20, 2016).

 SHIP BREAKING IN INDIA

Ship breaking is not new to India and this action has been going on as far back as 1912 in
Kolkata and Mumbai. Steel scrap was beneficial and still, at the end of the day and nations that
had yards to reuse Ships were frequently thought to be monetarily blessed. At the point when the
principal financial retreat came around 1984 and the Ship proprietors felt that it was ideal to
scrap Ships than to look after them, there was a colossal accumulation of Ships to be crushed.
Accordingly, work got extremely costly and offer of steel scrap neglected to get benefits. In the
interim, India and some other eastern nations offered less expensive work and henceforth turned
into the goal for Ship scrapping industry. Because of expanded import of Ships for breaking, an
accentuation was laid to inspect different locales appropriate for this action. Considering the
ideal parameters for grounding technique like high tidal reach, firm seabed, tender toward the
ocean incline, and so on., it was chosen to set up a Ship softening yard up the western bank of
Gulf of Cambay close Alang town. The primary vessel M.V Kota Tenjong was stranded at
Alang on thirteenth February, 1983. From that point forward, the yard has seen huge
development and has risen as a main Ship softening yard up the world.3

India, at present, has a substantial offer in the Shipbreaking business and the movement is for the
most part restricted to Alang and Sosiya, the two towns arranged in the shoreline of Arabian Sea
in the region of Bhavnagar in Gujarat and to Mumbai in Maharashtra and there is further
arrangement to stretch out it to Kakinada in Andhra Pradesh. Shipbreaking action is a noteworthy
wellspring of re-moving steel and softening scrap and was perceived as an assembling industry
route in 1979. Shipbreaking industry is profoundly work escalated and intensity relies on upon
supply of cheap labour. The Shipbreaking business shows an unsafe workplace with high danger
of damage and mischances with poor types of gear and apparatus and with lacking wellbeing
gadgets. There is low level of instruction and preparing. The security control measures are truant
and there is absence of individual defensive gear (PPE) accessibility to the workers.4

A Ship fabricated 20-30 years prior was developed utilizing unsafe material, the utilization of
which is banned or restricted at this point. There is introduction to these unsafe substances, for
3 Il&fs Ecosmart & Limited Hyderabad, GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS
TECHNICAL EIA GUIDANCE MANUAL FOR SHIP BREAKING YARDS (2009)
http://www.indiawaterportal.org/sites/indiawaterportal.org/files/EIA_guidelines_Ship_breaking_yards.pdf.
example, substantial metals, potential cancer-causing (tumor bringing on) chemicals like Poly-
Chlorinated Biphenyl (PCB), poisonous paints (TBT), asbestos, and the harmful biocide, Tri
Butyl Tin and so on. Links and electrical and other control frameworks contain perilous material
and transmit dangerous gasses, if blazed. The paint coat, defiled air, soil and water when burnt or
scrapped, is risky for people and the earth. The safety and health of workers taking care of the
toxic waste is in question.5

SITUATION OF SHIP BREAKING WORKERS IN INDIA

The laborers in the Shipbreaking ventures are mostly migrant workers and high concentration of
workers are discovered mainly in Alang and Sosiya in Gujarat and Mumbai in Maharashtra and
additionally in scrap-taking care of yards and re-moving plants in Bhavnagar, Gujarat. There are
somewhere in the range of 55,000 laborers specifically utilized in Ship scrapping at Alang and
Sosiya, around 6,000 specialists in Mumbai Shipbreaking businesses and more than 160,000
laborers are utilized in related downstream exercises. 6 There are not many female laborers in this
industry bunch. The specialists in this industry have the extremely fundamental issue of getting
sheltered drinking water and other essential conveniences like lavatory, latrine and so forth.
Ladies laborers are more influenced by this and they are not gave maternity benefits and other
required offices. Every one of the offices, be it lodging, clean, or restorative are exceptionally
deficient.

There are around 60,000 workers straightforwardly occupied with the Ship breaking process
(counting Mumbai and Alang Ship breaking yard). The Shipbreaking workers in the
Shipbreaking yards are of the age gathering of 19-45 years, and are migrants, coming without

4 TONY GEORGE PUTHUCHERRIL, FROM SHIPBREAKING TO SUSTAINABLE SHIP RECYCLING: EVOLUTION OF A LEGAL
REGIME(BRILL 2010) https://books.google.co.in/books?id=Ship%20breaking%20in%20india%20alang
%20kakinada (last visited Sep. 18, 2016).

5 SHIPBREAKING: A GLOBAL ENVIRONMENTAL, HEALTH AND LABOUR CHALLENGE A GREENPEACE REPORT FOR IMO
MEPC 44 TH SESSION(2000) http://www.Shipbreakingplatform.org/Shipbrea_wp2011/wp-
content/uploads/2013/03/2000-Greenpeace-report-to-IMO-MEPC-44-session.pdf.

6 MICHAEL GALLEY, SHIPBREAKING: HAZARDS AND LIABILITIES (Springer Science + Business Media 2014) (last
visited Sep. 18, 2016).
their families. The vast majority of them originate from the state of Uttar Pradesh, Bihar, and
Orissa. They live in hutment with feeble tin material with no ventilation, or toilets. Skin
problems, ringworm, loose-motion, and anemia are a portion of the basic wellbeing issues found
among the laborers. High rate of HIV contaminated cases has additionally been accounted for
and liquor addiction is wild. As indicated by the neighborhood Bhavnagar Blood Bank office at
Alang, other than 38 affirmed instances of AIDS, around 50-55 new instances of sexually
transmitted infections are being accounted for consistently among the workers.7

The Shipbreaking yard of Mumbai is near the city. Most issues in the Shipbreaking yards of
Mumbai emerge because of the absence of space and congested dwellings, filthy streets, absence
of infrastructure and all are each the aftermath of government offices' lack of care, which keeps
every one of the contractors to achieve their intention of benefit in boost of their profit. Laborers
in both Mumbai and Alang live in shacks simply outside the Ship breaking plots. Be that as it
may, a perceptible contrast was found in the way these shacks are built.

In Mumbai, the shacks are entirely congested and the quantity of labores in a shack is more than
it can oblige. For absence of space, these shacks are assembled nearly to each other, making the
spot congested with no place of sanitation and worry of cleanliness. The range over the
Shipbreaking yards of Mumbai (where the workers live) is to a great degree filthy and is
observed to have a steady stench. The spot is congested and very unclean giving it looks of a
slum territory. The unhygienic conditions in Mumbai make life of laborers more troublesome. 8

Being less bunched, the shacks at Alang are fairly perfect and hygienically more secure. With
respect to nourishment and drinking water, laborers in Mumbai need to make their own particular
courses of action. Then again, the workers of Alang get drinking water facilities from the Gujarat
Maritime Board. The authorities give a 5,000-liter tank per plot ordinary, however this turns out
to be deficient. Food is organized by the workers themselves. In Mumbai, there is a wide

7 High incidence of HIV in Ship-breaking yards: Survey, NATIONAL, http://www.thehindu.com/todays-paper/tp-

national/high-incidence-of-hiv-in-Shipbreaking-yards-survey/article3102940.ece. (last visited Sep. 18, 2016).

8 Nisha Kumar Kulkarni, SEARCHLIGHT SOUTH ASIA THREE-YEAR ANNIVERSARY ISSUE THE WELL-BEING AND
DIGNITY OF THE URBAN POOR (2013) http://intellecap.com/sites/default/files/publications/SSA%20Anniversary
%20Issue%20(1).pdf.
disparity among the wage levels of the workers as expressed by the themselves. As indicated by
the Shipbreakers, the wage rate ranges from Rs. 30 . Status of Shipbreaking Workers in India is
Rs. 250 every day for a 8-hour movement or more. Unlike Mumbai, the lowest pay prevailing in
Alang is Rs.45 every day for an eight-hour shift or more.9

It has been watched that the nominal wages paid to the workers for the same sort of occupation,
particularly in the unskilled category is imperceptibly higher in Alang than in Mumbai. Another
important fact is that, however the wage rate is better in Alang when contrasted with Mumbai,
the aggregate wage earned by the workers in Mumbai could be higher. The reason is that the
Ship breakers in Mumbai don't entirely follow the rules of working hours. In the majority of the
cases, as reported, Shipbreakers attempt to give wages of one shift despite the fact that they work
from early morning and proceed till late in night. In Mumbai, not at all like Alang, there is no
understanding of rest even on Sundays. In this way, the workers wind up doing a considerable
measure of over time. 10

The significant drop out of these practices has been seen on the yield, profitability, personal
satisfaction of workers and increment in mischances because of fatigue and tiredness. In Alang,
some medical facilities like first aid are given by port authority in the event that the workers gets
harmed while working, though no medical facilities of permanent nature except first aid and
rescue vehicle administrations have been given at Mumbai. In the event of delayed treatment, the
workers need to hold up under their expense. Workers in Mumbai are additionally subjected to
other wellbeing dangers as they live in extremely unhygienic living conditions. Despite the fact
that the medical facilities in both the yards are below what is required, however in Alang a
couple of medical camps organised by the Gujarat Maritime Board has been a positive stride
towards enhancing the prosperity of the workers. A vital prerequisite for the workers is the
arrangement of defensive apparatus.11

9 Indian Shipbreaking workers in dire conditions,

http://worldmaritimenews.com/archives/148105/indian-Shipbreaking-workers-in-dire-conditions/. (last
visited Sep. 19, 2016).

10 id

11 id
In view of the way of the employment of these workers, which includes a great deal of danger
and other occupational hazards, defensive covering like head protectors, gloves, boots, goggles
and so forth get to be essential. Arrangement of the same, and guaranteeing that the workers wear
them while working, is one of the approaches to defend the wellbeing of the workers. It has been
observed that at Alang dissimilar to Mumbai, laborers wear the defensive covers, gave by the
Ship breakers. Therefore, workers at Mumbai contrasted with Alang are more inclined to
mishaps and damage. At both the spots workers appear to know about the remuneration that they
are qualified for if there should arise an occurrence of deadly wounds, yet the aggregate sum that
the family of the deceased/hurt really gets was observed to be much lower. The infrasructure
facilities in Alang are better developed over those in Mumbai, however the infrastucture given by
the Gujarat Maritime Board are still exceedingly insufficient. The Shipbreaking yard of
Alang/Sosiya is the biggest on the world. The size of operation in Alang/Sosiya is amazingly
huge when contrasted with that in Mumbai. In every plot in Alang, there are around 300-350
laborers.12

Other than wages earned by the Shipbreaking workers, they are not given whatever other
advantages either by their employer or by Government authority to deal with wellbeing, security
and welfare. There is no scheme or legal provisions in power by any authority to manage the
employment and condition of their work. The Shipbreaking workers are on a par with bonded
labourers. They form most minimal strata of the general public looking for work to make a
decent living. There are no government measures accessible to these Shipbreaking workers. The
administration and working conditions are particularly exploitative and poor.

The Shipbreaking workers who have been working in extremely harmful and dangerous
conditions are a dismissed part by every one of the authority concerned. These Shipbreaking
laborers are likewise misled by antisocial elements. They are additionally casualties of different
sicknesses. They are disorderly and with no bargaining power. They are harassed by mediators
slumlords furthermore by moneylenders. They are dependably in condition of weakness. They
are constantly under apprehension of unemployment. They are compelled to accept any condition
of service for purpose of livelihood. They have no status in the public eye. Individuals from their
12 Scribd Inc, Ship breaking, https://www.scribd.com/document/262809397/Ship-Breaking. (last visited Sep. 19,
2016).
family live in poverty. Human rights in admiration of these Shipbreaking workers are being
disregarded at each phase of their life. This has required quick thoughtfulness regarding the
plight of these workers by the association and people having sympathy toward workers and
individuals13

Common hazards that causes work-related injuries and death, ill health, diseases and
incidents among Shipbreakers

1) Frequent causes of accidents

Fire and explosion: explosives, flammable materials
Falls from height inside Ship structures or on the ground
Falling objects
Moving objects
Trapping or compression
Wet surfaces
Snapping of cables, ropes, chains, slings
Heavy objects
Sharp objects
Oxygen deficiency in confined spaces
Access in progressively dismantled vessels (floors, stairs, passageways)
Electricity (electrocution)
Poor illumination
Lack of Personal Protective Equipment , safety signs
Shackles, hooks, chains
Cranes, winches, hoisting and hauling equipment

2) Hazardous substances and wastes

The substances classified as toxic, very toxic, corrosive, harmful or irritant. Biological agents
and dusts in substantial concentrations are classified as hazardous substances.

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)

13 Indian Shipbreaking workers in dire conditions, http://worldmaritimenews.com/archives/148105/indian-Shipbreaking-

workers-in-dire-conditions/. (last visited Sep. 19, 2016).
 Welding fumes
Volatile organic compounds (solvents)
Inhalation in confined and enclosed spaces
Compressed gas.

3) Physical hazards

A physical hazard is a type of occupational hazard that involves environmental hazards that can
cause harm with or without contact.

Noise
Vibration
Extreme temperatures
Radiation (ultraviolet, radioactive materials)

4) Mechanical hazards

Machines can significantly improve production and efficiency. But they do not come without risks.
The moving parts, sharp edges, and hot surfaces are hazards to workers. Many machine-related
injuries can be prevented with the proper use of safeguards. It is important to understand what
dangers machines present and what elements are needed to implement effective safeguarding
practices.

Trucks and transport vehicles

Scaffolding, fixed and portable ladders
Sharp-edged and other tools
Power-driven hand tools, saws, grinders and abrasive cutting wheels
Failure of machinery and equipment
Poor maintenance of machinery and equipment
Lack of safety guards in machines
Structural failure in the Ship

5) Biological hazards

Biological hazards, also known as biohazards, refer to biological substances that pose a threat to
the health of living organisms, primarily that of humans. This can include medical waste or
samples of a microorganism, virus or toxin (from a biologicalsource) that can affect human
health.
 Toxic marine organisms
Animal bites
Risk of communicable diseases transmitted by pests, vermin, rodents, insects and
other animals that may infest the Ship
Vectors of infectious diseases (TB, malaria, dengue fever, hepatitis, respiratory
infections, others)

6) Ergonomic and psychosocial hazards

An ergonomic hazard is a physical factor within the environment that harms the musculoskeletal
system. Ergonomic hazards include themes such as repetitive movement, manual handling,
workplace/job/task design, uncomfortable workstation height and poor body positioning.

A psychological hazard is any hazard that affects the mental well-being or mental health of the
worker by overwhelming individual coping mechanisms and impacting the worker's ability to
work in a healthy and safe manner.

Repetitive strain, awkward postures, repetitive and monotonous work, excessive

workload
Mental stress, anti-social behaviour (aggressive behaviour, alcohol and drug
abuse, violence)
Long working hours, shift work, night work, and temporary employment
Poverty, low wages, under-age workers, lack of education and social environment.

7) General concerns
Lack of safety and health training
Inadequate accident prevention and inspection Status of Shipbreaking Workers in
India
Poor work organization
Inadequate housing and sanitation
Inadequate emergency, first-aid and rescue facilities
Lack of medical facilities and social protection

LEGISLATIVE FRAMEWORK

Sec 2 (j) of the Industrial Disputes Act has defined the term industry means any systematic
activity carried on by co-operation between an employer and his workmen (whether such
workmen are employed by such employer directly or by or through any agency, including a
contractor) for the production, supply or distribution of goods or services with a view to satisfy
human wants or wishes . 14

Dock workers come under Sec.2(j) of the Industrial Disputes Act, but Sec.2(d) of Dock Workers
(Safety, Health & Welfare) Act,1986 states that dock work means any work in or within the
vicinity of any port in connection with, or required, for, or incidental to, the loading,
unloading, movement or storage of cargoes into or from Ship or other vessel, port, dock,
storage place or landing place, and includes

i) work in connection with the preparation of Ships or other vessels for receipt or discharge of
cargoes or leaving port;

ii) chipping, painting or cleaning of any hold., tank, structure or lifting machinery or any other
storage area in board the Ship or In the docks;15

Therefore the Ship breaking workers are forbidden from the immunity of claiming the privileges
from the Industrial Disputes Act, 1947. But some reforms for them had been undertaken by their
State Governments.

The Central Pollution Control Board in Delhi has arranged ecological rules for Ship breaking
ventures aiming to "minimize the impact of Ship breaking businesses on the encompassing
environment through legitimate sitting of industries and by preparing and implementing a
Encironmental Management Plan (EMP) and a Disaster Management Plan (DMP)". The rules
incorporate a depiction of the proper pollution control measures in regards to solid waste, air
contamination, water contamination and noise(commotion). It likewise incorporates parts of
workers wellbeing.

Standard checking on the execution of the EMP is the obligation of the concerned State Pollution
Control Board (SPCB). The Environmental Management Division is in charge of the checking of
water contamination and air contamination all the time.

14 Industrial Dispute Act,1947

15 Dock Workers (Safety, Health & Welfare) Act, 1986

Working conditions and the absence of safety concern documented in evaluations undertaken,
recommend a confusion between the actual conditions at the scrapping yards, prompting the
conclusion that the guidelines has not been implemented.

Gujarat Maritime Board presented new regulations on 31 August 2000 covering security
measures for the grounding of vessels. The accompanying gives a overview of the substance of
the regulations:

Beaching:-

Documentation without gas accreditation.

Permission to shoreline a vessel.
Limitations on number of Ships and the area of these (separation between vessels)
per plot.

Safety measures preceding the start-up of cutting operations :-

Permission to be issued by GMB taking after the expulsion of risky substances.

The provision of fire fighting capacity.
Supervision by GMB safety officers in participation with the proprietor of the
plot.
Identification of all laborers workers (by the issue of ID cards and the
presentation of observing via card-peruser at plot passage)

Incident reporting methods

Introduction of penalties/temporary cancellation of required operation

permissions in event of incidents/accidents

The reaction by the Ship scrapping enterprises to these necessities was seen soon after the
presentation when the breakers of Alang called an inconclusive strike from 19 October 2000.
Taking after gatherings between the State Chief Minister (Gujarat) and the Ship breaking
industry, the execution of the new regulations was delayed and the strike was canceled. At
present, it is to some degree hazy concerning as to what status these new regulations have.16

State initiatives

The Gujarat Maritime Board (GMB), the administrator of the areas in which the scrapping
activities of Alang are undertaken, has recently responded to the considerable media attention
and the increased focus on safety and environmental issues by some stakeholders. The Port
Development Gujarat Programme (PODEG) has been initiated and, following a workshop on
Ship recycling industries held on 19 February 2000 in Bhavnagar, India, it was concluded that
the most predominant problems were related to the issues of workers safety, housing and the
management of hazardous wastes. Following the workshop, the need for a programme of action
was identified.

The following summarizes initiatives, actions and findings reported by Gujarat Maritime Board:

A review of incidents and accidents over the past three years has been undertaken and a
reduction in fatal accidents has been reported. The numbers are in stark contrast to the
figures presented by other sources. The introduction of requirements in relation to safe
for hot work is identified as a main contributor to the achievement.
An assessment has identified lack of skills and insufficient training as a major cause of
accidents. Illiteracy and the psychological state of the workforce is also linked to the
occurrence of incidents.
The Indian Technical Institute (ITI) in Bhavnagar, has been engaged to develop a
training programme for the site foremen (Alang has at all times some 100 active
scrapping plots with an average of three foremen per plot). The programme focuses on
safety, health and environmental issues and has a duration of two days. The target is to
provide this training to all foremen within one year. The workers on each plot will then be
given a half-day oral introduction to elementary precautions regarding the issues of
occupational safety, health and environmental concern.

16 Bennett, Gujarat: Latest news, videos and Gujarat photos, http://timesofindia.indiatimes.com/topic/Gujarat. (last
visited Sep. 22, 2016).
 An awareness-raising campaign has been initiated focusing on safety. GMB has printed
80,000 posters providing safety principles in three local languages supported by
illustrations. These are used and distributed at the individual plots.
An international request for tenders for the development of a waste management plan was
published. An Indian consultant was chosen to undertake the work estimated to run over a
period of eight months. It is believed the project was initiated in September 2000. The
project will be supervised by a committee of Indian university professors.
Housing plans for 30,000 workers have been announced. The financing of these have not
been clarified and there will be no progress on this matter until this issue is resolved.
Plans have been made for a labour safety institute to be located near the scrapping
facilities. The objective of this is to collect knowledge on techniques and procedures
aimed at ensuring safe working conditions and to provide education of foremen and
workers. GMB has identified a need for further measures and has called for support on:
Developing a textbook for safe and environmentally sound Ship-breaking. The board
stresses an urgent need for this.
Financial aid for the creation of facilities recommended by the waste management plan
(incinerators, landfills, treatment, etc.).
Assistance on the subject of handling wastes containing Asbestos.
General financial support, help in establishing general acceptance that these costs must be
covered by the stakeholders (Ship-owners/plot owners).17

17 Hand holding at GMB, http://www.gmbports.org/hand-holding-at-GMB. (last visited Sep. 22, 2016).

 KEY FINDINGS

The Shipbreaking industry in India utilizes around 2,00,000 workers, mostly they are
migrant workers from monetarily weaker states.
No job stability and Hired either on an everyday or month to month premise, or on an
agreement premise with no composed contract of occupation. Workers are paid month to
month, more often than not at the day by day rate.
Majority of them were agricultural specialists.
Mostly unskilled.
Indeed, the skilled workers don't have any formal training on their working and safety
and security.
Women workers participation in the Shipbreaking work is 10%.
Their normal wage is around Rs. 1500 to Rs. 3500 every month. They dont get
fundamental least wages or any office like leave advantages, medicinal costs and
legislative immunity.
Compulsory additional time each day.
Dangerous, risky and hazardous working condition.
They live in the hutments arranged close to the Shipbreaking yards ,which are comprised
of asbestos, plywood, metal sheets in an extremely pitiful condition. One room is shared
by 5-6 laborers.
Most of them are married and living without their families.
 Employers and government don't give any sort of safety gear for example, helmet, shoes,
goggles, veil, and so on, and training for their safety during work.
Many major mishaps are not reported. The reported instances of real mishaps are 12-15 in
a year. The laborers get scarcely any compensation for any major or minor accidents.
The workers have no particular training on handling of the hazardous material and they
are unmindful of its evil impacts.
They get the work just around 180 days in a year.
They are just about beneath or close to the line of poverty.
Wages range from Rs. 50 to Rs. 150 every day.
They are subjected to different word related diseases and different maladies. No safety
measures are grasped while taking care of the asbestos because of absence of awareness.
They work in exceptionally risky and hazardous conditions and are disregarded by the
authorities concerned.
Many of them experience the ill effects of minor accidents especially burns, cuts, and so
on furthermore they face major accidents. There are instances of fatal accidents. The rate
of injured is 50 workers for a day and at some point workers pass on because of deficient
or absence of mecical care. Report of casualty is seldom made.
No benefits either by their employer or by Government authority dealing with health,
safety and welfare are given.
No scheme or legal provisions to regulate the employments and conditions.
The service and working conditions are particularly exploitative and poor.
The workers have no particular training on taking care of the dangerous harmful material
and they are uninformed of its evil impacts.
Absence of Labour Legislation .
RECOMMENDATIONS

Formulation and execution of a national strategy on of safe Shipbreaking, better job

practices, safe working conditions , worker rights, welfare and their social protection and
security of both human and the ecological dangers in the region of a Shipbreaking site.
Enactment of a national legislation on Shipbreaking industry and workers with tripartite
and national interviews and there ought to be concerned changes to the current laws and
enactments.
Reflection of the rules issued by International Labor Organization, the International
Maritime Organization and the Basel Convention in the national approaches, legislation,
Ship breaking exercises.
Recognization of industry status to Shipbreaking work.
The whole partners in the Shipbreaking procedure ought to be in charge of their
respective obligations and duties regarding the privileges of workers and preventive
measures ought to be taken to shield workers from the each hazard involved in
Shipbreaking.
There ought to be mechanisms for waste administration and protection of the
environment.
There ought to be assessment of hazards, dangers and control measures and appropriate
occupational wellbeing observation.
There ought to be appropriate reporting, documentation, declaration, examination and
compensation of work- related wounds and maladies, and arrangement of provisions
relating to occupational health for Shipbreaking workers.
There ought to be appropriate usage of work laws and great working conditions and job
conditions. There must be altered working time, breaks, leave, and appropriate wages,
and so forth.
There ought to be prohibition on certain exceptionally hazardous procedures or
substances.
The employers and the contractors must owe the obligation regarding the protection of
the workers in appreciation of their rights, security, wellbeing, and ought to give training
 and facilities to OSH(Occupational Safety & Health) exercises as recommended by
national laws, instruments and controls.
They ought to take preventive measures to lessen the danger brought about by hazardous
work, OSH, HIV/AIDS. They ought to likewise direct periodic evaluation of these
dangers to decrease them.
There ought to be plan to handle work related wounds and infections, ill-health and
mishaps.
The locality ought to be reviewed with the presence of the employers and workers
delegates by the government authorities, to authorize the work laws, other pertinent laws
and working conditions.
Workers ought to demand for OSH and safety training and ought to follow safety and
health measures.
Workers ought to know about their personal and additionally the safety of others and
appropriate training ought to be given to handle and prevent accidents, HIV/AIDS and so
forth.
Workers should demamd for the eliminations hazards or dangers at work place.
They ought to likewise demand for defensive clothing and gadgets, head protector,
gloves, spectacles, face-mask, shoes, facilities and gears put available to them for this
reason and employer and authorities ought to give them.
They should resist from working and report if any danger is foreseen at the work place or
in connection with work..
The yards ought to have crisis arrangements and facilities to manage oils spill, gasses,
accidents, fire, and different mishaps with perilous substance.
Yards ought to have medical aid offices and putting out fires types of gear and the
workers ought to be given training in utilizing them.
The yards ought to have restroom, offices, sanitation and safe drinking water facilities.
There ought to be separator to deal sludge, oil and any waste ought not be toss out in the
ocean. Equipments to be made accessible to destroy the waste and toxic materials so that
no harm is done to the working enviroment.
Central exchange union ought to see that statutory least wages are given to the
Shipbreaking laborers.
There ought to be safe and clean housing facilities a long way from the Shipbreaking
destinations with appropriate sanitation and water.
 At last, the laborers ought to have great contacts with trade unions and trade unions ought
to organise them. Creation of strong and democratic trade unions in the Shipbreaking
business is desperately required.

SECONDARY RESOURCES (Online Articles & Surveys)

1) Industrial Disputes Act, 1947

2) Dock Workers (Safety, Health & Welfare) Act,1986

3) International Metal-workers Federation-FNV project in India 2004-2007

 4) Toxics Watch Alliance(NGO)- India: Deaths of migrant workers on
ShipBreaking.

5) International Labour Organisation (ILO)- Ship-breaking: A Hazardous

work

6) Young Power in Social Action (YPSA) 2012 Death Trap

7) Wikipedia-Ship Breaking

8) Ship Breaking Activites & its Impact

9) The wages of fear: The harrowing plight of the Ship breakers - one of
the most dangerous jobs in the world.

10) Alang Ship-breakers face AIDS-wreck with 38 HIV cases- Times of

India

11) Worker safety in the Ship-breaking industries- A.B.Andersen

12) SECTORAL ACTIVITIES PROGRAMME- Legislative reforms for Ship

breaking workers

REVIEW OF LITERATURE (ARTICLES).

1) India: Deaths of migrant workers on ShipBreaking - Toxics Watch

Alliance(NGO)
This article helps the to understand that the workers are not provided with
basic household needs and also medical needs . The Ship breaking co owners
do not provide any basic facilities & exploit the labours . And There is no
compensation from the employers ag they work under contractors , but
government provides fund to the family members after a loss of life .

2) Ship-breaking: A Hazardous work (ILO)

To address the problem faced by the labours, ILO has produced some
guidelines to deal with various issues in this area within the respective
mandates and established a joint working group to co-ordinate the activities
and cooperation. The diplomatic conference of the ILO has adopted a new
international convention for the safe and environmentally sound recycling of
Ships in 2009.

3) DEATH TRAP - Young Power in Social Action (YPSA)

This article Points that there is no proper guidelines or acts for the workers who undergo the job
which is hazardous . and also there is a detailed report on the persons who got injured or died ,
how it happened , when it happened & Name of the yards the accident occurred.

4) Worker Rights Violation-YPSA

This article helps in knowing the exact status of a workmen in Ship breaking yard , there is a lack
of occupational health and safety standards, training or personal protection equipment provided.
Limited or no access to treatment, emergency services and compensation when a worker is
injured or killed on the job.
Less than minimum wages.
Use of child labour.
Extensive working hours with no right to overtime, sick or annual leave.
 Lack of job security: no work no pay.
No right to join or form a trade union

5) Ship Breaking Activites & its Impact

This article had been producesd to offer handy and easily accessible sources of information and
references to any one interested to Ship-breaking and relevant matters, with a number of
recommendations and suggestions for an eco-friendly and long sustaining Ship breaking
activities.

6) The wages of fear: The harrowing plight of the Ship breakers - one of
the most dangerous jobs in the world

This article Proves that the wages of the workers in Ship breaking
industry are very low compared to the minimum wages assured by the
government , and also how the workers are abused if they collect the
wages in advance.

7) Alang Ship-breakers face AIDS-wreck with 38 HIV cases TOI

This Article Explains that the workers are not given proper sex education which causes
STD (Sexually Transmitted Diseases) like HIV & AIDS .

8) Worker safety in the Ship-breaking industries A.B.Andersen

This issues paper highlights the procedures and practices adopted in

the disposal of obsolete Ships originating from the world fleet of
merchant vessels with an emphasis on occupational safety and health
(OSH) issues and on environmental aspects as Shipbreaking are
undertaken today by the world-breaking majors on beachheads in Asia.
9) SECTORAL ACTIVITIES PROGRAMME- Legislative reforms for Ship
breaking workers Gujarat Maritime Board (GMB)

This Paper explain the reforms taken by the Gujarat Maritime Board for
the safety, welfare & wages for the labours working in the coast of
Alang.

10) SHIPBREAKING: A GLOBAL ENVIRONMENTAL, HEALTH AND LABOUR CHALLENGE A

GREENPEACE REPORT FOR IMO MEPC 44 TH SESSION(2000)

This survey now provides is an overview of the exploitative situation that

over 60,000 workers confront, exposed to extremely dangerous and
unhygienic working conditions, the majority of workers earning less then
Rs 50 (1USD) per day. These workers are among the most vulnerable
workers in our sectors, constantly migrating in search of seasonal jobs in
the Shipyards, subject to ruthless employers and totally ignored by the
political authorities. Workplaces lack everything from drinking water to
protective gear and medical aid, workers live in huts without sanitation or
electricity, right beside the Shipbreaking yards
BIBLIOGRAPHY

1) http://lawisgreek.com/blog/definition-industry-section-2-j-industrial-disputes-act-1947/

2) http://www.advocatekhoj.com/library/bareacts/workmenscompensation/schedule2.php?
Title=Workmen%27s%20Compensation%20Act,%201923&STitle=Schedule%20II

3) http://www.sacw.net/article7951.html

4) http://www.ilo.org/safework/areasofwork/hazardous-work/WCMS_110335/lang--
en/index.htm

5) https://www.wsws.org/en/articles/2006/03/alan-m27.html

6) http://dgfasli.nic.in/html/dockact/act1986.htm

7) https://www.Shipbreakingbd.info/Worker%20Rights%20Violation.html

8) https://www.Shipbreakingbd.info/death_trap.html

9) https://en.wikipedia.org/wiki/Ship_breaking

10) http://timesofindia.indiatimes.com/city/ahmedabad/Alang-Ship-breakers-face-AIDS-
wreck-with-38-HIV-cases/articleshow/45506720.cms

11) http://www.Shipbreakingplatform.org/Shipbrea_wp2011/wp-
content/uploads/2014/03/Alam-Faruque_2014_Legal-regulation-of-the-Shipbreaking-
industry-in-Bangladesh-The-international-regulatory-framework-and-domestic-imple.pdf