Application of laws more vital in right issues

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Dr. Md. Shairul Mashreque :
Historically the ordinary working masses were subject to the ruthless process of exploitation. The process started in the twilight of primitive civilization. Slavery, advocated by Aristotle as an institution, emerged rather as a highly exploitative mechanism torturing the workers. Class conflict was in an embryonic stage with the advent of slavery as a pervasive phenomenon. Working class has been struggling hard for economic emancipation. The workers constituting a ‘disadvantaged locus’ revolted against oppressive regime for the establishment of their rights. The disgruntled workers resorted to violent means to overthrow the regime that continued to ride roughshod over their rights. The onslaught of uprisings swept king or dictators out of power. The working class mainly consisting of peasants and industrial labour organized into a countervailing force against the deluge of labour exploitation contributed to political change replacing old regime. Yet their expectations for a change in a seemingly new political environment have not been fulfilled. Slaves, though not organized with any ambition and awareness, were compelled to become extremely agitated as they suffered manifold torture and persecution at the hands of their cruel masters. This was an expression of anguish over inhuman torture. This otherwise was not an organized movement for economic emancipation and revolutionary changeover. The slaves lacked consciousness about class struggle. Nevertheless sporadic movement weakened power base of the power as exploiters. In the long run slavery was replaced by a new form of exploitation like feudalism ruling the roost in Europe and America.
the heydays of feudalism, the landed oligarchs relishing an orientation to family aristocracy exploited the mass of peasants. The peasants were subservient to the whim of highly capricious feudal based local state in the perpheries. The constellations of exploitative structure – the king or emperor at the center, landlords and priests – came to coalesce to torment the peasants. The oppressed peasants were smoldering to take fire to flush out the instruments of exploitation.
Feudalism was about to evaporate as the peasants migrated to industrial and pre-industrial towns in search of employment in mills and factories. The emerging class of industrialists deprived the workers of their due labour values taking advantage of their plight and vulnerability. They worked 18 hours earning a meager wage much less than enough to make both ends meet. They felt highly outrageous. In 1834 labour unrest took place in a bread factory in New York. The workers observed strikes as a protest against unfair wage. They were beginning to integrate into a class for itself from class in itself posing a formidable threat to mill owners. Instead of cracking down upon the employers they destroyed industrial equipments and machineries. As a result most industries were declared lay off. Later on they came to realize that the approach was wrong without a sense of direction. They fought against machine which was the source of employment. Led by a new realization they got united against mill owners and their cohorts. In Great Britain, France, Germany and other west European countries transport labour, printing press labour, mine labour dock labour and garment workers observed strike in 1870.
1886 was a turning point in the history struggle against labour exploitation. It was the saga of movement for fair field and congenial work conditions. In May, 1886 the industrial workers observed strike in Chicago demanding 8 hour work time.
The police fired upon processions killing many among the workers. Later on the front-line organizer was hanged to death. The episode centering on the uprisings stirred the whole world to its depth. In due respect to the martyrs of Chicago movement the second international labour conference at Paris in 14 July 1889 decided to declare 1st May as international solidarity and rights day.
We pay homage to those workers but for whose supreme sacrifice it would have been impossible to bring labour rights under legal institutional framework, policy-fold in other words. Now several laws are there to protect the rights of the workers. Factory law, 1985 industrial relations laws 1969, workers’ compensation act 1923, the minimum wage ordinance 1961, the fatal accident act 1938, dock Workers act, 1924
One may wonder whether all such policy and legislative measures will be mere paper tigers. We have smart laws to protect workers from the deluge of exploitation. The problem lies with child labour. If antiquated legal procedures and codes framed during colonial period come into conflict with future labour policy implementation process will be in the dock. So think lines of policy intervention objectively going deepest into the policy issue like child labour. Most vulnerable children like working children, street children, Children working in ship breaking industries, young maid servants and young hawkers and potters, van pullers, etc. should be brought under policy fold.
A celebrated NGO like YPSA has been endeavoring through project intervention to address the issue like ship breaking labour. The objective is to advocate a sustainable public policy to protect the interests of ship breaking workers.  
Ship breaking workers are another reference point. They are treated as slaves without any legal contract. They work without protective equipments for a bare survival earning far below market rate. There is perhaps no public policy to protect the interest of ship breaking workers. If torture not eliminated inside ship-breaking units or cannot be reduced through public policy institutionalization, then it will be a shame to the nation as such.

(Dr. Md. Shairul Mashreque, Professor, Department of Public Administration, Chittagong University)

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