Imagine leaving your hometown to find work in a new, unfamiliar city. After days and weeks of struggle, you finally land a construction job in the bustling metropolis. With every sunrise, you toil hard along with others like you — with a mix of excitement and unease — so that you can make ends meet. The days turn into weeks, and you eat, sleep and work with the hope that you will visit home and be reunited with loved ones for the festival in the coming week. But, then suddenly, the dream is crushed, buried beneath the rubble.
On October 24th this year, the dreams of nine such migrant workers were buried with them after a seven-storey under-construction building collapsed in Babusapalya in the Horamavu Agara area of east Bengaluru.
Read more: Gig workers and heat: What do existing policies say?
This is not an isolated incident. The recent building collapse and previous such accidents in the city highlight the lack of safety measures for construction workers and a blatant disregard for building regulations. These events demand strict government measures to regulate construction activities and ensure the safety and welfare of informal workers.
What happened on the fateful day
Apart from claiming the lives of nine workers, the accident also caused injuries to six others, who were treated at a hospital for their injuries. The deceased were from Bihar, Tamil Nadu, Andhra Pradesh and Uttar Pradesh. The National Disaster Response Force, Fire and Emergency, and State Disaster Response Forces carried out the rescue operations.
Following the accident, one of the rescued workers filed a complaint against the owners and contractor of the building, saying that substandard material had been used for the construction of the seven-storey structure to save money. The worker also alleged that no safety protocols were followed.
Based on the complaint, police arrested the property owners and the contractor. According to a news report in The Hindu, the construction was also in violation of the Bruhat Bengaluru Mahanagara Palika Act and the Real Estate Regulatory Authority Act.
The tragic incident was caused by heavy rains in Bengaluru. Water rushed into the building’s basement, where excavation work was ongoing, loosening the soil. This indicates complete negligence by the builders as the construction site did not have any safety systems in place for extreme weather, despite heavy rains.
As many of the workers were living at the construction site, with a few others camped in a shed nearby, there was no way for them to leave the place, as it was raining heavily. From this, it is apparent that the building owners had not provided safe living quarters for the workers, endangering their lives.
Risk to life and limb at construction sites
The construction sector in India employs 26 million workers. According to the Annual PLFS report, the percentage of workers in the construction sector has increased to 13% in 2022-23 from 12.1% in 2020-21. However, deaths and injuries to construction workers have now become a regular occurrence.
A study by the IIT Delhi reveals that construction sites are filled with risks – falling objects, electrocution, collapsing walls and so on. These hazards can result in fatal accidents.
Experts suggest that the death toll among construction workers is likely higher than reported as many fatal accidents and injuries go unreported. The Directorate General, Factory Advice Service and Labour Institutes (DGFASLI), a body under the Ministry of Labour collects data on industrial accidents. However, it does not include data on construction workers, who are the largest group of unorganised workers after those in agriculture, according to information from the ministry.
The lack of data on construction workers increases their vulnerability and makes them invisible in policy discussions about occupational risks in informal work settings. The deficit of information related to accidents on construction sites becomes a hurdle in efforts to make employers accountable for their actions in favour of the injured and for the families of the deceased.
Safety and welfare benefits for construction workers
The Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 mandates the creation of welfare boards at the state level. These boards are supposed to regulate the employment and monitor working conditions of construction workers, while providing for their safety, health and welfare. Workers can apply for registration under the board to get welfare benefits.
The Act also provides for the levy and collection of cess of 1% of the cost of construction for a range of workers’ welfare schemes including compensation for accidents and death at work, housing, health and pension benefits, maternity leave, and education for children.
Meanwhile, in Karnataka, the cess collected was Rs 11,108.87 crore but the spending was just Rs 3,656.96 crore, leaving Rs 7,451.91 crore unspent, which could have been used for the welfare of workers.
No social security for workers
At the State Conference of Construction Workers held at Dharwad in July 2024, K Somashekar, State President of All India United Trade Union Centre(AIUTUC) alleged that construction workers were deprived of government benefits such as housing, health facilities and financial assistance for their children’s education because of the corruption within the Karnataka Building & Other Construction Workers (BOCW) Welfare Board.
In this case, it is not known whether the workers were registered members of the Karnataka BOCW Welfare Board. However, if they were working at a construction site with such precarious accommodation facilities and were not registered with the BOCW Board, it highlights the shortcomings of the Karnataka BOCW Board and Labour Welfare Department in protecting the workers.
Social security coverage for workers is crucial. Without it, they live on the edge. Efforts should focus on bridging the gap in implementation by the BOCW Board to ensure the safety and welfare of workers. This will allow them to live and work with dignity.
Call to action
- The employers, contractor and BOCW Board must take responsibility to ensure registration of construction workers with the board, so they can access welfare schemes.
- The money collected through levying cess should be utilised for welfare schemes.
- The Karnataka BOCW Board must create awareness about housing, health and other benefits for construction workers.
- Civil society organisations and workers’ bodies must demand strengthening of the social security system and hold the welfare board accountable.