Under the 1950 Peace and Friendship treaty between Nepal and India, Nepalese have the right to live and work in India. Indeed, for decades they have been coming to India in search of employment opportunities. In theory, Nepalese in India have the same rights as Indian citizens, with the exception of voting rights; yet, they are often denied their basic legal rights and are vulnerable to labour rights violations and various forms of exploitation. The story at the ground level defies the policy documents.
As I walked through the electronic market at Chandni Chowk (in Delhi), to go see the place of habitat of a group of Nepalese, I realized I had not expected to see the situation as it turned out. After having heard about their plight from a colleague, I had empathised with their situation but never in my wildest dreams had I thought to witness such a pathetic situation.
One step ladder after the other… they never seemed to end and grew more precarious with each step I took. I was terrified and as I climbed (with my heart in the mouth), I knew that what I was going to witness was the nadir of human reality.
On reaching the top, I witnessed several low, temporary shacks made of brick with asbestos or tin roofs. Here, the same room served as living room, bedroom and dining room. Rarely the houses had windows, doors, or even rafters for roofing. None had access to clean drinking water and clean toilets. The unhygienic environment in which they live is a shock to humanity.
The most important concern that they expressed was that they felt very insecure without their identity cards. It was difficult for them to obtain papers from the state authorities and they mostly did not carry papers from their home state, especially since no documents are needed to cross into India. Without documentation, the Nepalese have no choice but to pay for their children’s education in private schools or keep their children out of school. Lack of documentation also hinders them from opening back accounts in India, which would make the process of remitting money to Nepal much simpler.
They are completely ignorant about the labour rights that the community is entitled to, such as fair wages and compensation in case of death or injury. Working conditions and wages of these migrants completely disregard the labour laws and it is difficult to pin responsibility on an identifiable employer.
They cannot even access the primary health centres (PHCs) and only a small number of children went to the primary schools. None of the families was using the nearest anganwadi despite evidence of malnutrition everywhere. Although most of them were BPL families, none bought provisions from a ration shop because of the absence of BPL cards. The facts threw light on the increasing disempowerment of migrant families from access to services and the impact on the education and care of their children.
Interaction with the womenfolk revealed the same causal sequence of early marriages, early pregnancies, childbirths in the absence of a trained birth attendant, and inadequate complementary feeding. Although there were some institutional deliveries, none of them were paid as per the schemes available. Almost all of them had experienced either multiple miscarriages or a child’s death at birth.
As a group, they were unaware of their rights and entitlements; were not organized to fight for their entitlements; and had no access to any kind of social security. Because of their migrant status, political leaders have little interest in them. The local politicians never visit the site to enquire about their situation, work conditions, etc. Campaigns and schemes for children such as SSA and ICDS have not been able to ensure care, health and education for a migrant child. This lack of awareness among the Nepali community is deeper than in other communities.
The move has, perhaps, further marginalized them.
And over the years the conditions have only worsened as families have grown and there has been no addition to their resources. These Nepalese have left behind their properties, household goods, business establishments, agricultural land and other means of livelihood, and continue to lead their lives in scarcity and insecurity. They have suffered enough”enough not in the sense of a year or two but for a quarter of a century or more.
I have been able to realize to what extent people can be invisible to the eyes of institutions. It is essential to remark upon the fact that civil society needs to get involved in the overcoming of this perennial crisis that affects the Nepalese migrants. The façade of democracy successfully hides the serious ills that they have been suffering for long. Deprived of even the most essential public services, they feel disgruntled and dissatisfied with the functioning of the government. The many serious issues need to be squarely faced and not evaded and swept under the carpet.
The government not only should provide guaranteed schemes for their social, political and economic upliftment, but also come up with appropriate measures for making them aware of the schemes and helping them access the services. The above will also address a pressing need – the need for identity and the rights of citizenship for migrants in a hostile urban environment. The current policy orientation of catering only to settled populations has to make room for this large, vulnerable segment. Registration with the labour boards, issue of mobile ration cards, easy admissions to municipal schools, anganwadis in offsite labour settlements, etc., are all ways to make them visible as citizens with rights.
They need the help of the Indian diaspora and of good-hearted people around the world. They ask not much, but a little space to call home and the means to live life with dignity and stability, and not be forever judged as outcasts and the damned. We can then save them from the dangerous, dignity-stealing way of life to which they are currently being subjected.
Their pitiable condition was deeply moving and, yet, the still-alive hope for a better tomorrow that lurked in their eyes was somehow very encouraging.