Regulating the Regulators

16 January, 2020



Regulating the regulators

On 11 January, 2020 at least 8 persons were killed and several others were injured, six of them grievously, due to a massive blast that occurred at ANK Pharma, MIDC, Boisar, 100 km from Mumbai. The factory manufactured ammonium nitrate, an explosive and a combustible substance used to produce fertilizer.
The disturbing fact is, though there were four regulatory authorities- special planning authority under MIDC, labour department, MIDC fire department and Directorate of Industrial Safety and Health, to implement the guidelines related to industrial safety and labour norms as per Factory Act, 1948, this worst accident happened. Major accidents keep happening at alarming intervals, not only in Maharashtra but also in other states.
As per Labour and Employment Ministry, everyday 47 factory workers are injured and 3 die in accidents. In three years, 2014 to 2016, 3562 workers lost their lives and 51,124 were injured in accidents that occurred in factories across the country.
Gujarat, Maharashtra and Tamilnadu are the top three states when it comes to fatalities. During the three years mentioned above, 687 workers died in Gujarat, 482 in Maharashtra and 296 in Tamilnadu.
It is an open secret that industries brazenly violate all the safety norms with impunity after entering into an unholy alliance with the pliant so called regulatory authorities. The regulatory authorities would never raise any serious lapse, either due to the ‘no interference money’ paid or due to pathetic incompetence. More the number of regulating agencies more will be the competition to share the loot.
Is there any solution to rectify the systemic rot that has taken deep roots in every area of governance?
Data from the National Crime Records Bureau shows, Maharashtra tops the country in corruption cases for three years in a row-2016 to 2018, with a pathetic conviction rate of 15%, which used to be higher in the 90s. The pendency of corruption and vigilance cases in court is as high as 93%. As far as departmental action is concerned, corrupt public servants seem to have got away with just a rap on the knuckles.
Over 930 corruption cases were reported in 2018 in Maharashtra and there were just 56 convictions. With the substantial dilution of the Prevention of Corruption Act and the control that the government has on the Anti Corruption Bureau, cases are registered and closed at the direction of the politicians.
It is interesting to note that only a negligible number of industry regulating officials are caught for corruption. This is because; industries don’t report the matter to avoid the vindictive reaction and the harassment that will be unleashed by the government agencies, which have enormous powers.
There is no solution for this menace unless the industries change their model of managing the regulatory agencies. More regulating authorities will only lead to more corruption and more mayhem.
Contributing 2% of the profit to Corporate Social Responsibility (CSR) initiatives is not the real measure of the corporate’s concern for the society. Concern for the safety, health and welfare of the employees and the society at large are the real indicators. Self regulation is the only lasting solution to stop the murder of the poor unsuspecting industrial accident victims.

Dr. C K Sreedharan

www.sreedharanck.com
                                                                                                                         


Comments

  1. Valuable input about the incidents which take place around us.... So many people are injured or die... It's time to take necessary action to make better India. Good sir to bring such issues to our notice.

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  2. As disturbing as this is, one wonders why human life and wellbeing is of utter disregard to businesses across the country. Where developed countries like Finland and UK are aiming towards better work life balance and improved productivity of their workforce, Indian companies fail to even recognise the basic rights of its workforce; right to live a healthy and safe life.
    Not just the manufacturing industry, this is a trend also witnessed in the booming service sector were employees are increasingly battling lifestyle diseases and burnout due to erratic work times and unrealistic deadlines. Time is right to rebrand the country and stop marketing ourselves as a hub for 'cheap labour' and focus on the wellbeing and welfare of the workforce

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  3. Excellent details,info & analysis .Appreciated.

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    Replies
    1. Thank you sir for sparing your valuable time to read and comment.

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  4. Sad situation and that to in a PHARMA Plant. This proves that there is no value for human life. Authority shows blind eyes and there will be some name sake investigation and no time bound conclusion or corrective actions. Unfortunately people also have short memories who raises such issue when it reccurs. I read in the news that one lady perished in an accident who was working along with two kids also on reactor floor two families were staying. How this can happen or how people in charge of FIRE & SAFETY have permitted. Ridiculous!!!

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    Replies
    1. Thank you Ashish for your thought provking comments

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  5. Good insights into a persistent issue!

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