I share my reflections on the ongoing legal struggle faced by the Manjolai Tea Estate labourers, who are grappling with the aftermath of the Bombay Burmah Trading Company’s (BBTC) decision to cease operations. Writing not only as the convener of Manjolai Makkal Vaalvurimai Meetpu Kulu but also as a common man witnessing these proceedings, I provide an in-depth analysis of the recent developments at the Madurai Bench of Madras High Court. This case underscores the complex interplay between corporate power, state responsibility, and the fundamental rights of workers across India. Under the legal guidance of Advocate Robert Chandra Kumar, I have been playing a crucial role in supporting the labourers’ fight for justice. Manjolai Makkal Vaalvurimai Meetpu Kulu is a coalition of organizations and parties dedicated to advocating for the rights of Manjolai tea estate labourers. I am also a member of the All India Professionals’ Congress.

Trouble in paradise
Manjolai Tea Estate, nestled in the lush Manimuthar hills of Ambasamudram Taluk, Tirunelveli District, has become a battleground for the rights of its 536 labourers. These workers, who have toiled for generations now find themselves abandoned by the very company they helped prosper. On August 30, 2024, the Madurai Bench of Madras High Court took up this case, hearing arguments from various stakeholders. The proceedings highlighted the plight of the labourers, the responsibilities of the Bombay Burmah Trading Company (BBTC), and the role of the state and central governments in addressing this humanitarian crisis.

When I visited, people explained their hardships, how their forefathers turned this forest into a tea estate and how they were being driven away homeless, landless, and jobless after three generations of toiling among the leeches of the hills. I knew leeches were not the only ones sucking their blood and sweat.

BBTC’s Stand: A Legacy of Exploitation
During the court proceedings, the learned counsel for BBTC argued that the company had complied with previous court orders by depositing the remaining 75% of the Voluntary Retirement Scheme (VRS) amount with the Assistant Plantation Commissioner. However, the company claimed no responsibility for the rehabilitation of the labourers.

Observation
Does the company, which has thrived on the sweat and blood of its labourers, truly have no obligation to rehabilitate them? BBTC, with shares in Britannia worth 53,000 crores, can certainly afford to support the labourers who have contributed to its success over generations. The audacity of dismissing their plight, while the company's CEO earns6 crore annually, raises serious ethical concerns.

Labourers’ Plight: The Fight for Basic Rights
Dr. Krishnasamy, a veteran leader who has long fought for the rights of these labourers, argued passionately in court. He raised critical points about the unpaid lease amount of `1141 crores owed by BBTC to the state and highlighted the irony that while Tamil workers in Malaysia and Fiji have risen to the highest political offices, the Manjolai labourers are denied even basic rights.

Reluctance to support labourers
The state’s reluctance to support the labourers under the Forest Rights Act (2006) reveals a bias. While the state has no qualms about allowing corporate ownership of the tea estates among the forests elsewhere, it balks at the idea of labourers owning and managing the estates. The state’s stance appears to be more about maintaining the status quo of corporate dominance rather than genuinely addressing the rights of its citizens.

Forest Rights and the Question of “Traditional Dwellers”
A significant part of the proceedings focused on whether the labourers could be classified as “other traditional forest dwellers” under the Forest Rights Act. The court, however, expressed scepticism, noting that the labourers’ livelihoods were not directly dependent on forest produce, as listed in the Act.

Fear to empower workers?
The state’s argument that granting such status would set a precedent for tea estate labourers nationwide exposes a deep-seated fear of empowering these workers. The state’s indifference to the labourers’ long-standing connection to the land is appalling, especially given the historical context of their exploitation.

The Role of Climate Rights Activists
The court also heard arguments from climate rights activists who filed cases favoring the closure of the tea plantations and eviction of the labourers. However, the judges were unimpressed, questioning the activists’ sudden interest in the issue after 99 years of the company’s operation.

Observation
The activists’ stance, while perhaps well-intentioned, seems disconnected from the reality of the labourers’ lives. Sustainable solutions that integrate the labourers into environmental conservation efforts, such as reforestation or eco-tourism, should be considered instead of advocating for their displacement.

The State and Central Governments: Apathy and Negligence
The central government counsel’s lack of preparedness to address the issue of granting forest rights status to the labourers further frustrated the court. The judge’s remarks about the central government’s insensitivity underscore the negligence that has led to the current crisis.

A disturbing trend
The continued inaction by both the state and central governments highlight a disturbing trend of ignoring the most vulnerable citizens. The labourers, who have generated significant economic value for the state and BBTC, are now left to fend for themselves without any meaningful support from the authorities.

The Path Ahead: Uncertain Future for Manjolai Labourers
The court has deferred further hearings to the Forest Bench, leaving the labourers in a state of limbo. Critical decisions remain pending, including the central government’s stance on the Forest Rights Act, the state’s response to forming a labourers’ society to manage the estate, and the recovery of the `1141 crore lease amount from BBTC.

Conclusion:
As the legal battle continues, the Manjolai labourers face an uncertain future. The court’s sympathetic yet constrained position reflects the complex interplay of corporate power, state apathy, and the struggle for basic human rights. The outcome of this case will not only impact the 536 labourers of Manjolai but could set a precedent for tea estate workers across India. The fight for justice is far from over, and the labourers’ plight deserves the attention and support of all who value human dignity.