“No work is insignificant.

All labor that uplifts humanity has dignity and

importance and should be undertaken with painstaking excellence.”
-Dr. Martin Luther King Jr.
INTRODUCTION
Migrant workers are those workers, who migrate from one area to another area
within the state or country in order to get seasonal or temporary or part-time
work in different sectors. Migrant workers, who are not organized under any
trade unions and their labour standards, are not protected by the government as
well as trade unions, these migrant workers are illiterate, ignorant, and belong to
backward community. They do not get minimum wages stipulated under the
Minimum Wages Act.

One of the reasons behind the Human Rights Violation of State Migrants
workers in India are political and economic. State Migrants are outsiders in
other State, they do not vote and thus cannot put governments under electoral
pressure.

The Census of 2011 estimates the total number of internal migrants in the
country to be 45.36 crores. Professor Amitabh Kundu of Research and
Information System for Developing Countries has done a comprehensive study
of Economic Survey 2017, Census of India 2011 and NSSO data. He estimates
that there is a total of about 65 million inter-State migrants, and 33 per cent of
these migrants are workers1.

The covid-19 virus affected economic of every country in world wide. The
corona virus has a devastating effect on both government as well as private
sector. Many construction works were stop during this pandemic. The financial
condition of many companies goes to depression. This created a situation of
without earning profit, how to pay salaries to employees. Due to non- earning of

1
The Indian Express, Explained: Indian migrants, across India,
https://indianexpress.com/article/explained/coronavirus-india-lockdown-migran-workers-mass-exodus-6348834/
profit many companies cut half of the salaries of employees and many of them
fired employees from jobs.

Effect of Nation-wide lockdown on Workers

The Prime Minister Narendra Modi on 24-03-2020 announced nation-wide

lockdown. Action of lockdown taken to prevent spread of corona virus in
country. Migrant worker suffers most during this lockdown. This migrant
worker belongs to organised and unorganised sector of country. Majority of
migrant workers are daily wages like street vender, construction workers,
houseworkers, etc. These migrant workers are mainly depending on daily
wages.

The sudden shutdown of businesses has upended the lives of millions of migrant
laborers in Indian cities. Lockdown in India has impacted millions of migrant’s
workers. Lack of food and basic amenities, loss of employment, fear of
unknown and lack of social support were major reasons for struggle in this huge
part of population. Thousands of migrants have protested across the country, for
reasons ranging from demanding transport back home, quality of food served,
not being allowed to cross the border, and against government directives
preventing them to walk home.

Due to lockdown 383 people have lost there live in this punitive lockdown.
From road and rail accidents to starvation, denial of medical care, police
brutality, exhaustion and suicides, there have been hundreds of reported non-
coronavirus deaths2.

In terms of states, Uttar Pradesh saw the maximum deaths of migrant workers
with 94 deaths, while Madhya Pradesh, Bihar and Telangana saw 38, 16 and
11 deaths respectively. The cause of deaths in maximum number of cases was
found to be vehicle to vehicle collisions in which 70 migrants lost their lives.

2
https://thewire.in/rights/migrant-workers-non-coronavirus-lockdown-deaths
Speeding resulted in the death of 49 migrant workers while vehicle overturn
resulted in the death of 32 migrant workers 3.

Brutality of Police on Migrant Workers.

On 26th March 2020, Uttar Pradesh one such viral video, shows a group of
young migrant workers forced to hop down a main road with bags strapped to
their backs, who were trying to return home amid the lockdown. They were
caught by the cops, who refused to listen to their pleas, and humiliated by being
made to hop and crawl in this heat4.

On 28th March 2020, Thousands of migrants in Delhi, including whole families,

packed their pots, pans and blankets into rucksacks, some balancing children on
their shoulders as they walked along interstate highways. Some planned to walk
hundreds of miles. But as they reached the Delhi border, many were beaten
back by the police. And many more incident of police brutality present. They
threat and harassed migrant workers during lockdown. It is show total
government failure of management toward migrant workers.

3
https://www.newindianexpress.com/nation/2020/jun/03/most-migrants-died-during-covid-19-lockdown-30-
savelife-foundation-2151565.html
4
Chitranjali Negi, Advocate Supreme Court of India, Human Rights Violations of Migrants Workers in India
during Covid-19 Pandemic
Supreme Court of India on Migrants Issues

The supreme court of India take a SUO MOTU WRIT PETITION 5 on condition
of migrant worker during this lockdown.

 All the States/Union Territories shall take all necessary steps regarding
identification of stranded migrant workers in their State which are willing
to return to their native places and take steps for their return journey by
train/bus which process may be completed within a period of 15 days
from today.
 The State shall establish counselling centres, help desk at block and
district level to provide all necessary information regarding schemes of
the Government and to extend helping hand to migrant labourers to
identify avenues of employment and benefits which can be availed by
them under the different schemes.
 The Central Government may give details of all schemes which can be
availed by migrant workers who have returned to their native places.

Law Related to Labour

There are some legislations laws which we are going to see its very briefly.

1. The Unorganised Workers’ Social Security Act, 2008;

The Unorganised Workers’ Social Security Act, 2008 was enacted on 30-
12-2008 with an aim to ensure social security and welfare of unorganised
workers and to implement the national Security Social Scheme. The Act
specifically aims to cater to the needs of the workers of unorganised
sector. Section 3 of the Act mandates the Central Government to
formulate schemes for the unorganised workers on matters relating to6:

5
SUO MOTU WRIT PETITION (CIVIL) No(s). 6/2020; IN RE : PROBLEMS AND MISERIES OF
MIGRANT LABOURERS
6
The Unorganised Workers’ Social Security Act, 2008.
 1. Life and disability cover;
2. Health and maternity benefits;
3. Old age protection; and
4. Any other benefit as may be determined by the Central Government.

2. The Contract Labor (Regulation and Abolition) Act, 1970

The Contract Labour (Regulation and Abolition) Act, 1970 (CLA) aims
to safeguard the interests of contract labourers who indulge in all forms of
contract labour in certain establishments and its abolition in certain
circumstances. Section 2(1)(b)7 defines contract labour as:
“A workman shall be deemed to be employed as “contract
labour” in or in connection with the work of an establishment when he is
hired in or in connection with such work by or through a contractor, with
or without the knowledge of the principal employer.”

3. The Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 19798
 The Act seeks to regulate the employment of inter-State migrants and their
conditions of service
 It is applicable to every establishment that employs five or more migrant
workmen from other States; or if it had employed five or more such workmen
on any day in the preceding 12 months.
 The law also lays down that every contractor who recruits workmen from one
State for deployment in another State should obtain a licence to do so.

Madhya Pradesh Government Amendment Laws related to Labours.

7
The Contract Labour (Regulation and Abolition) Act, 1970
8
https://www.civilsdaily.com/news/explained-how-can-inter-state-workers-be-protected/#:~:text=Inter
%2DState%20Migrant%20Workmen%20Act,and%20their%20conditions%20of%20service.&text=The%20Act
%20would%20apply%20regardless,establishment%20or%20by%20the%20contractors.
1. Amendment in the Industrial Disputes Act 1947
 The minimum number of workmen in industrial establishment is increased
from 100 to 300.
  In case of lay-off, a workman will be given three months’ notice in
writing specifying the reasons for retrenchment and the notice period has
expired. Otherwise, the workman has been paid wages for the period of
the notice.
 In case of lay-off, a workman must receive compensation corresponding
to 15 days' average pay for every completed year of continuous service or
any part thereof in excess of six months; or an amount equivalent to his
three months’ average pay, whichever is higher

2. Amendments in the Factories Act 1948

 The minimum number of workmen in the industrial establishment is
increased from 100 to 300 workmen

 In case of lay-off, a workman will be given three months’ notice in

writing specifying the reasons for retrenchment and the notice period has
expired. Otherwise, the workman has been paid wages for the period of
the notice

  In case of lay-off, a workman must receive compensation corresponding

to 15 days' average pay for every completed year of continuous service or
any part thereof in excess of six months; or an amount equivalent to his
three months’ average pay, whichever is higher.

3. Amendment in the Contract Labour (Regulation & Abolition)

Act, 1970

  Provision of deemed registration if the registering officer fails to pass an

order either granting or refusing or objecting to grant or amend the
registration within a period of 30 days after submission of an application
complete in all respects.
  Provision of duly licensed if the registering officer fails to pass an order
either granting or refusing or objecting to grant or renew or amend the
registration within a period of 30 days after submission of an application
complete in all respects.

4. Part IX of The Madhya Pradesh Labour Laws (Amendment) and

Miscellaneous Provisions Act, 2015
 An officer can compound any offence punishable with fine under these Acts
committed for the first time or after the expiry of two years’ period of the
previous offence, on the realization of composition fee as prescribed.

 An officer can compound any offence punishable with fine and imprisonment
up to three months under these Acts committed for the first time, either
before or after the institution of the prosecution, on the realization of
composition fee as prescribed.

5. Part X of The Madhya Pradesh Labour Laws (Amendment) and

Miscellaneous Provisions Act, 2015

 Exempt from maintaining multiple registers and submission of multiple

returns under Certain Labour Laws (13 Acts)

  The state government, by order, notify forms for maintaining registers

and records and furnishing returns by an employer/establishment in lieu
of the forms prescribed under the said 13 Acts.

Labour Law Violation of Migrant

During pandemic many state governments has made many amendments related
to labours laws, some of the amendment are violating labour laws as
international guideline of labours laws.

Government of Rajasthan, Gujarat, Himachal Pradesh and Uttar Pradesh,

increased working days in a week from 48 hours to 72 hours.
Madhya Pradesh government has exempts maintaining multiple registers and
submission of multiple returns under Certain Labour Law.

Suggestive Steps

 Uniform labour standards in the context of unorganized sector workers, like migrant
workers, should be implemented in rural and urban areas of India. It is necessary to
protect migrant and other workers in the unorganized sector by International labour
standards and also need to have a separate ministry for migrant affairs, dealing with
domestic migrants of India

 Promote NGO initiatives and the formation of migrant worker groups to build an
active movement for effective awareness raising, networking, advocacy and lobbying
in order to prevent abuse and exploitation against migrant workers.

 Government should implement laws related to migrants works effectively and

properly.

Submitted By:

Gaurav Singh.