Nepali Labourers in Our Hills Must Be Made Eligible For Vaccine

Our hill economy is heavily dependent on Nepali labourers for last-step delivery of heavy head loads.

In the present scenario in India – with the second COVID-19 wave having a devastating impact on human lives and the health infrastructure – containing the spread of the virus to break the chain of transmission should be one of the main plans of action.

Along with imposing a lockdown, some studies also point towards the efficacy of vaccination to stop the spread. Also, since media attention and analysis are mainly centered around cities like Delhi, Mumbai, Lucknow, — utter confusion regarding COVID resources persists in smaller towns and villages.

For example, cases are increasing at an alarming rate in Uttarakhand (extrapolating the value of per lakh population case load of Uttarakhand to the whole of India, the figure will be a whopping 10 lakh cases per day), and yet nobody is paying much attention to the Himalayan state.

One solution is that localised strategies catering to region-specific needs should be quickly made and revised in real time, so that progress can be achieved. In this regard, a problem specific to the hilly areas of Uttarakhand is as follows:

Nepali Labourers Mainstay of Economy in the Hills

Due to the hilly topography and the resultant lack of vehicular access, the people of mountainous areas of Uttarakhand (like Nainital, Pauri, Almora, Pithoragarh, Rudraprayag etc) are heavily dependent on Nepali labourers for last-step delivery of heavy head loads since a very long time.

Essential and/or daily activities like milk distribution, heavy groceries/grains delivery, LPG cylinder delivery, construction material transportation, luggage carrying, agricultural and orchards work, would become very difficult without them.

Perhaps it may not be wrong to say that Nepali labourers are a mainstay of economy in the hills. During the pandemic, these labourers continue to stay in hilly areas and work relentlessly.

Being economically impoverished, and institutionally deprived of education and rights that are available to Indian labourers, these foreigners are having a hard time coping in the pandemic.

Bal Bahadur, a Nepali labourer who has been coming to work in India since the last 30 years laments on asking why he came during the pandemic:

“I had a karza of Rs 65,000 back home last year so I had to come work here.”

Then thoughtfully he asks, “Saab, corona sach mei bahut badh gya kya Bharat mai? Mask lagane ko keh rahein hain. Lekin mask laga ke kaam nahi hota. Bahut dar lag rha hai. Ho gya to koi poochne vaale bhi nahi, ghar se itni door.” (Sir, has corona really spread a lot in India? They ask to put on a mask, but working with mask on is very tough. I am very scared. If I get corona here, so far from home, there is nobody to assist me).

What Happens Amid Dwindling Resources?

His dread is not unfounded. With resources already dwindling for Indians, it is not clear if Nepali labourers will be entitled to hospital admission and oxygen beds in the advent of COVID infection and/or complications.

However, even before that stage of the disease, a large loophole exits, and that is the non-availability of COVID-19 vaccines for them. Even if these people are not explicitly excluded from the vaccination drive, lack of any valid identity card effectively disables them to register themselves to get the life-saving jab. The number of Nepali labourers is very small (around 300-400 in the town of Nainital).

However, being associated with a gamut of activities, they come in direct contact with a very large section of population — therefore they, like Indian labourer’s, deserve vaccination.

Providing proper vaccination to Nepali labourers, in accordance with government policy, will have threefold advantage:

• Firstly, it is a humanitarian gesture towards people of a marginalised community serving our community and economy since generations;
• Secondly, it will protect Indian people coming in contact with the Nepali labourers;
• Thirdly, it will ensure seamless delivery of essential goods like milk and groceries by reducing the number of Nepali labourers getting afflicted by COVID-19.

In Line With Our Laws, SC Precedents

This step is also in line with various laws and Supreme Court judgments. Article 21 of the Constitution of India provides Right to Life to all persons irrespective of nationality.

Granting of the Right to Life to non-citizens has been held by the Supreme Court in various judgments. According to Justice P Bhagwati, the Chief Justice of India whose era heralded the Public Interest Litigation in India:

“Article 21 must include protection of the health and strength of the workers, and neither the Central government nor any state government has the right to take any action that will deprive a person of the enjoyment of these basic essentials.”

Not just the Constitution, India and Nepal are signatory to the Treaty of Peace and Friendship since 1950. Article 6 and Article 7 of this deal that gives national treatment to the nationals of one country in the territory of the other. This provision can also be utilised to vaccinate the Nepali labourers among us.

In the sphere of global human rights too, The Universal Declaration of Human Rights 1948, which has greatly influenced our Constitution; and more specifically, the ‘Declaration on the Human Rights of Individuals, who are not nationals of the country in which they live’ also uphold the Right to Life of each person, including aliens residing lawfully; and states. That everyone has the right to recognition everywhere as a person before the law, and has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care.

Lastly, vaccinating Nepali citizens also aligns with the neighborhood leadership role of India, and can also soothe souring India-Nepal relations.

In the breaking of the chain of the COVID-19 transmission, it is important to sever every link, no matter how small or unimportant it may seem, because it is clear by now that we cannot fool this shrewd virus. Therefore, the government should step up for the welfare of Nepali labourers and in the interest of the larger public of India.

(Medha Pande is a nature enthusiast from Nainital. She has grown up observing the works of Salim Ali and Jim Corbett. She has been published in The Wire, Down to Earth, Hindustan Times and Hektoen International Journal of Medical Humanities. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)