BMC engineers to go on strike from August 23 over proposed amendment to IPC sections

BMC workers and engineers in Mumbai have threatened to go on strike if the government does not reverse its decision to amend certain sections of the Indian Penal Code and stop "harassing" them in investigations into pandemic irregularities. The workers are concerned that the amendments will reduce their protection as public servants. They also voiced their concerns about the harassment faced by engineers during investigations. The workers argue that their work during the pandemic was praised by the government and the Supreme Court, but they are now facing unnecessary scrutiny.

Various Brihanmumbai Municipal Corporation (BMC) workers’ and engineers’ associations have decided to strike work from August 23 if the state government does not roll back its decision to amend section 332 and 353 of the Indian Penal Code (IPC) and the probe agencies do not stop ‘harassing’ them as part of their investigation into the irregularities during the pandemic.

Mumbai, India - Aug. 10, 2023: Bmc enginners association holds a press conference and demand that the BMC engineers shouldn't be harassed by the ED and EOW investigators, in Mumbai, India, on Thursday, August 10, 2023. (Photo by Anshuman Poyrekar/ Hindustan Times) (Hindustan Times)

After an uproar by MLAs on July 26 over the misuse of section 353 (assault or criminal force to deter public servant from discharge of his duty) by government employees, the state informed the assembly that it would amend the section. The state had in 2017 recommended to the Centre for an amendment to the section, which would increase the punishment to five years from two years, and it was approved. Another amendment, the associations feared, would reduce the protective cover given to the public servants.

To be sure, neither of the houses of the legislature has taken up any discussion on an amendment to section 332 (voluntarily causing hurt to deter public servant from his duty).

On Thursday, the associations made their announcement at a joint press conference.

Ashok Jadhav from Municipal Mazdoor Union said, “The government should not come under the pressure of MLAs and amend the sections. A government employee will not be able to carry out his/her duty fearlessly if these sections are amended.”

The associations also voiced their concern over the ‘harassment’ faced by the engineers at the hands of the Enforcement Directorate, the Special Investigation Team, and other probe agencies.

“Keeping our families aside, all engineers, employees and even senior officials worked day and night for smooth functioning of the city and to fight Covid-19. But now even chief and executive engineers are harassed and made to sit for 8-10 hours after their office hours in the name of investigation,” Ramesh Deshmukh of Municipal Engineers’ Association said.

As per the Epidemic Diseases Act, the expenses incurred during a pandemic cannot be investigated, Deshmukh said. “Be it oxygen or food, we had to buy what was available at our disposal to save lives. But now they are even trying to find out how much BMC did pay to purchase khichdi? We request the chief minister and the deputy chief ministers to stop this harassment, which also maligns the civic body’s image.”

Another association member said, “BMC’s work during the pandemic was praised by the state government and the Supreme Court. More than 350 BMC workers have died of Covid-19, but what is happening now affects our morale.”

On August 4, the Economic Offences Wing (EOW) of Mumbai police booked former mayor and Shiv Sena (UBT) leader Kishori Pednekar and two civic officials, including senior IAS officer P Velrasu, in connection with the alleged corruption in the purchase of body bags at inflated rates during the pandemic. The case was registered based on a complaint filed by an EOW officer who conducted a preliminary enquiry in the matter.