Children of a Lesser God – The Plight of Power Loom Workers

Muhammad Abdullah is a fourth-year law student at Dr. Muhammad Iqbal Law School, Government College University, Lahore. He has interned at different law firms and legal aid cells including AJURIS, MJLA & Fair Trial Defenders (FTD) Legal Aid Cell.

Introduction

The power loom is a mechanized device designed to weave thread into cloth. The process of weaving on a power loom involves feeding the yarn through a series of warp threads that are fixed in place across the width of the loom. The weaver then inserts the shuttle into the loom and passes it back and forth through the shed created by the warp threads. As the shuttle moves, it picks up additional yarn and deposits it onto the previously woven section of cloth. This process continues until the desired length of fabric is achieved. The power loom was a product of the industrial revolution which revolutionized the weaving process. Power loom workers are considered to be the mitochondria of the textile industry, generating significant revenue through labor-intensive work. However, inadequate government support for safe working conditions has left many workers vulnerable to serious health risks. Despite various protests and appeals from the relevant stakeholders the government has largely overlooked their demands. To this day, these workers continue to endure unsafe environments, highlighting the urgent need for policy action and reform. This blog post outlines the health risks faced by power loom workers due to unsafe working conditions, analyzes the current legislative framework and explores pathways to improve enforcement by stakeholders. With labor legislation now under provincial jurisdiction following the 18th Amendment to the Constitution, this analysis will focus specifically on The Punjab Occupational Safety and Health Act, 2019.

Deplorable Working Conditions

An examination of the working conditions of power loom workers presents a bleak picture. According to the Joint Statement of the World Health Organization and the International Labor Organization (ILO), approximately 2 million workers died from occupational hazards in 2016 at a global level.

Power loom workers are subjected to abysmal work conditions characterized by overcrowding, poor ventilation, constant noise and lack of safety measures. Power loom workers are victims of a significant range of diseases due to the hazardous conditions in power loom facilities. Pulmonary health is gravely impacted, with most workers suffering from chronic bronchitis, asthma, and lifelong shortness of breath. Prolonged exposure to air pollutants, especially cotton dust, damages the fragile structure of the lungs, leading to these serious respiratory issues. Studies have pointed out the link between several chronic respiratory diseases and cotton dust, which ultimately has an adverse effect on the productivity and quality of life of the worker. Inadequate ventilation, along with overcrowding allows these contaminants to stay in the air for a prolonged period, thereby deteriorating their pulmonary health. The mere thought of being exposed to an overcrowded room of contaminated air rattles one to the core. Continuous visual attention to detail in a place which lacks proper illumination has a deterrent effect on their eyes resulting in various eyesight problems. Due to prolonged working hours and their standing posture, they often suffer from musculoskeletal problems – ranging from joint pain and arthritis to permanent deformities of fingers. Standing for a long time results in muscle fatigue due to overuse of tendons and frequently, the situation aggravates. In addition, findings have shown a high prevalence of severe back and knee pain in the workers. Constant movement of machines creates severe noise which has a detrimental effect on their auditory function. What adds to the misery of these workers is the lack of provision of protective gear. Various statistics show an overwhelmingly low percentage of the use of protective gears, when only 2 per cent of actual usage of protective gears was reported in a study conducted in dozens of small scale weaving units in Kasur, Punjab. Occupational hazards have a detrimental effect on the health of these workers and resultantly, affects their overall productivity and efficiency.

Occupational Safety and Health

The ILO defines Occupational Safety and Health (OSH) as “the science of the anticipation, recognition, evaluation and control of hazards arising in or from the workplace that could impair the health and well-being of workers, taking into account the possible impact on the surrounding communities and the general environment.” Moreover, fundamentals of OSH make it mandatory for the existence of a preventive safety and health culture. There is evidence highlighting that workers suffer from occupational injuries followed by deaths, in which work-related diseases play a significant role. Workers associated with power looms are the sufferers of occupational hazards as they are prone to aforementioned diseases due to direct contact with cotton dust.

Governing Framework

Right to Health

The World Health Organization (WHO) defines the right to health as a fundamental human right having a universal applicability, without any discrimination of religion, race, economic or social condition. The right to health entitles every individual to access the highest attainable standard of physical and mental health. As per Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Pakistan is a signatory, each citizen is guaranteed this right to the highest possible standard of healthcare. The right to health is an inalienable human right.

The Constitution of Pakistan does not yet recognize health as a fundamental right. However, health is referenced only in Article 38 (Principles of Policy), making it non-justiciable and therefore not directly enforceable by the courts. However, over time courts have begun to recognize that the right to life (Article 9) and dignity (Article 14) cannot exist without the provision of healthcare, thereby rendering it an enforceable right as well. In Government of Sindh v. Dr. Nadeem Rizvi[2020 SCMR 1], the honorable Supreme Court held that right to life undoubtedly entailed the right to healthcare which meant that everyone had the right to the highest attainable standard of physical and mental health.

Right to Occupational Safety and Health

Article 23 of the Universal Declaration of Human Rights (UDHR) provides that everyone has the right to work under just and favorable conditions at work. Moreover, the 2022 amendment to the International Declaration on Fundamental Principles and Rights at Work added a safe and healthy working environment as the fifth pillar of fundamental rights at work. The ILO Constitution (1919) emphasizes occupational safety as “the protection of the worker against sickness, disease and injury arising out of his employment” recognizing it not only as a labor right but also as a fundamental human right

Article 37(e) of the Constitution of Pakistan categorically places the responsibility on the state to ensure the provision of just and humane conditions at work. Contemporary jurisprudence of the honorable Pakistani courts establishes a clear viewpoint pertaining to the importance of occupational safety. In Suo Moto Action Regarding Combating the Pandemic of Corona Virus (COVID-19)[2020 SCMR 1036], the Supreme Court of Pakistan emphasized the need for occupational safety, specifically for sanitary workers. The Court held that although sanitary workers were employed to perform essential tasks, they could not be compelled to work in conditions that jeopardized their health or safety. It underscored the inherent responsibility of both federal and provincial authorities to ensure that these workers had access to necessary safety equipment, stressing that any negligence in this regard would constitute a serious failure on the part of the government. The Court’s observations were grounded in Article 9 of the Constitution, suggesting that a healthy work environment is an integral part of the right to life.

While the ruling was specific to sanitary workers during the COVID-19 pandemic, its underlying principles of occupational safety and the government’s duty to protect worker health can be extended to other sectors. For instance, power loom workers, who face industrial hazards such as exposure to dust, noise, and machinery-related risks, are similarly entitled to safe working conditions. However, unlike the pandemic-related risks faced by sanitary workers, the safety requirements for power loom workers would typically focus on industrial protections that fall under the purview of workplace regulations. Therefore, both the government and employers share the duty to ensure power loom workers have a work environment that safeguards their physical and mental well-being.

The Punjab Occupational Safety and Health Act 2019

This Punjab Occupational Safety Health Act 2019 (Punjab Act) aims to ensure OSH at the workplace, protecting employees from hazards and promoting a safe, healthy environment that addresses both their physical and psychological needs. Although it does not specifically mention power loom workers, the law’s provisions concerning the identification of occupational hazards, health and safety training, and enforcement mechanisms for the protection of employees can extend to them.

The Act adopts a two-fold approach by placing the responsibility on both the government and the employer. Section 3 lays down the respective duties of the employer ranging from the effective identification of hazards at the workplace, health and safety training, prevention of any kind of hazard to employees from the provision of protective equipment to the maintenance of records pertaining to accidents and cases of occupational diseases. Section 8 grants the government rule-making power on issues such as lighting, ventilation, odor management, noise control, and mental and physical stress prevention, among others. The OSH Council, established under Section 14, has regulatory authority and is tasked with enforcing these provisions. The council is empowered to conduct inspections, establish complaint reporting mechanisms, and implement promotional campaigns and training programs. Section 19 stipulates penalties for non-compliance, ranging from twenty thousand to two hundred thousand rupees.

This legislation holds potential for addressing some of the challenges faced by power loom workers, particularly its inclusion of psychological hazards alongside physical ones; however, there are some lacunas in the law which need to be addressed. The Act lacks a detailed complaint and reporting procedure, which is essential for effectively compiling data and addressing occupational illnesses. The Act is also silent on the provision of any kind of compensation to the employees affected by various occupational hazards and illnesses. Given the significant challenges and health risks that power loom workers face, along with their crucial contribution to the textile industry, there is a compelling argument for better compensation. The demanding nature of their work and the associated health hazards warrant greater recognition and financial support to ensure their well-being and reward their efforts. In addition, the quantum of fines is quite meager, and it does not have the capacity to create a deterrent effect among the employers. In addition, the Act is incapable of addressing the needs of the informal sector, such as home-based workers, a significant portion of whom work in small-scale power loom operations. Representatives of the Labour Qaumi Movement also reaffirmed that only five percent of the five hundred thousand power loom workers working in Punjab are registered and many of them apart from having multiple diseases, are deaf due to noise of the machines.

The 2019 Act was amended by the Punjab Occupational Safety and Health (Amendment) Act 2022 (Punjab Amendment Act). It would not be wrong to argue that this amendment resulted in the weakening of certain provisions, specifically with regards to its complaint mechanism. Section 20 previously provided that any violation under the Act would be cognizable by the police on the application of an aggrieved person or the inspector. The amendment took away the right from the Chief Inspector to initiate a prosecution and made it mandatory for the aggrieved person to take sanction from the Chief Inspector to lodge a complaint. This amendment creates an undue obstacle in an already weak complaint and reporting mechanism.

Apart from these lacunas in the law, unfortunately, there is a blatant lack of implementation of the legislative framework especially The Punjab Act. There exists a wide bridge between the statute and its implementation. Since the last five years, there has been no significant development in the establishment of the Occupational and Safety Council. The intention behind this legislation was the effective establishment of this Council; however, there has been no progress in this regard. The government’s failure to establish the council raises serious concerns about its responsibility to address OSH. Moreover, there is an overall shortage of inspectors with respect to the number of workplaces to be inspected. A study indicated that there is one labor inspector for every 25,000 employed workers. This shortage further weakens an already fragile inspection system.

Proper implementation of the law is essential to ensuring that its intended benefits reach those it is designed to protect and serve. In a recent judgment, Justice Ali Zia Bajwa of the Honorable Lahore High Court highlighted the importance of implementation of laws. He held that the written statutes had much more importance than being mere ink on paper and the responsibility to enforce it lay with every position vested with authority – failure to do so results in the violation of fundamental rights. The lack of implementation of this legislation has compromised the fundamental rights of power loom workers, as guaranteed by the Constitution.

Way Forward

To address the severe OSH challenges facing power loom workers in Pakistan, a multifaceted approach must be taken, focusing on improving legislation, enhancing enforcement mechanisms, and prioritizing worker health. The following are specific, actionable steps:

1.  Establish and Empower Occupational Safety and Health Councils

The government must prioritize the establishment of the OSH Councils as outlined in the Punjab Act. These councils should be properly funded, and the regulatory framework surrounding their creation and operation must be enforced rigorously. Additionally, the councils should have the authority to implement safety standards, conduct training, and oversee compliance across the industry.

2. Increase Labor Inspectorate Capacity

To address the severe shortage of inspectors (currently one inspector for every 25,000 workers), the government should invest in expanding the labor inspectorate. Dedicated labor inspection services should be established specifically for occupational safety, targeting high-risk industries like power looms. The inspectorate’s mandate should include both the formal and informal sectors, ensuring comprehensive oversight and enforcement.

3. Integrate the Informal Sector into the Legal Domain

Given that a large portion of power loom workers operate within the informal sector, the government should develop a policy framework to extend legal protections to this workforce. Formalizing these employment arrangements will enable better enforcement of safety standards and offer legal recourse to workers experiencing unsafe conditions.

4. Enforce Protective Equipment and Hazard Control Measures

Employers must be required to provide necessary protective equipment to workers, including masks, ear protection, and ergonomic supports. In conjunction, dust control, noise reduction, and ventilation systems should be mandated in power loom facilities to mitigate the harmful effects of air pollutants, excessive noise, and inadequate ventilation on worker health.

5. Strengthen Penalties for Non-Compliance

Current penalties for failing to comply with occupational safety regulations are insufficient as deterrents. Fines should be increased significantly, and there should be strict repercussions for employers who neglect worker safety. This would serve as an effective deterrent and signal the government’s commitment to enforcing the law.

6. Mandate Worker Compensation for Occupational Illnesses

Employers should be held accountable for providing compensation to workers who suffer from occupational illnesses due to workplace hazards. A government-led committee could be tasked with identifying affected workers and creating compensation guidelines based on the severity of health impacts.

7. Raise Awareness through Regular Training and Campaigns

The government should implement awareness campaigns and mandatory safety training programs for workers and employers. Training should be conducted in locations accessible to workers and address specific occupational hazards in power loom operations. Research suggests that training significantly reduces occupational injuries; thus, widespread training initiatives would directly benefit worker health and safety. For instance, the occupational injury/disease rate of those who did not receive training is 71% compared to a mere 29% for those who received training.

8. Streamline Complaint and Reporting Mechanisms

Effective complaint and reporting mechanisms are essential for addressing and tracking occupational health issues. The Punjab Act should be amended to simplify the process, allowing workers to report issues without excessive bureaucratic hurdles. Empowering the OSH Council or a designated labor inspector with the authority to initiate investigations independently would strengthen accountability.

9. Ensure Policy and Legislative Implementation

Finally, the importance of implementing policies already enshrined in law cannot be overstated. As affirmed by the Lahore High Court, the true significance of labor laws lies in their practical enforcement. Government agencies must treat OSH regulations as fundamental rights, ensuring that these protections move beyond paper to benefit workers’ daily lives.

In addressing the occupational health risks faced by power loom workers, it is crucial to recognize that safe and healthy working conditions are not a privilege but a basic right. By implementing these concrete measures, the government and employers alike can improve worker welfare, enhance productivity, and uphold the dignity and well-being of the workers who form the backbone of Pakistan’s textile industry.

Disclaimer: Any and all opinions and views represented in this blog are personal and belong solely to the author(s) of the blog and do not represent the opinions or views of the Centre for Human Rights