“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

India along with all the other developing countries are facing many problems with regards to
migrant workers. In India, the migration of the labour was first witnessed during the time of
British Colonial rule. Migrant workers are those workers, who migrate from one area to another
area within the state or country so that the can get some seasonal or part time work in different
sectors. There are several other problems that is being faced by majority of the migrant workers
specially the migrant workers who are not organized under any trade unions and also their labor
standards are not even protected by the government. Mostly these migrant workers are found to
be illiterate, ignorant, and also they belong to backward community. In India it is seen that most
of the migrant workers do not get minimum wages as mentioned under the Minimum Wages Act.
As mentioned above that migrant workers keep on migrating from one state to another so in this
way they do not stay in a particular state for a longer period of time and hence for the state
government they are considered to be an outsider and hence they cannot vote so electoral
pressure cannot be imposed on the state government. This is one of the major reasons behind the
violation of human rights of migrant workers.

LOCKDOWN IN INDIA AND THE PLIGHT OF THE WORKERS

In just 4 hours of notice, on 24th of March, Government of India imposed a nationwide lockdown
starting from midnight. On 30th of January 2020, India’s first Covid-19 case was found in India
and since then cases kept on rising in India. On 24th of March India begun 21 days nationwide
lockdown which was the biggest in the world which was done in order to stop the spread of
Coronavirus from spreading out of control in the densely populated nation of 1.3 billion people.
During the first phase of lockdown non-essential business were shut down state borders were
closed and people were asked to stay in their home except to buy essential things such as food
and medicine. This sudden lockdown upended the lives of millions of migrant workers in almost
all the major Indian cities like Mumbai, Delhi, Chennai, Kolkata. The migrant workers or
laborers faced many problems such as lack of food and basic amenities, loss of job leading
to huge number of unemployment, fear of unknown and lack of support was another major
reason for struggle in the Country for migrant workers. After facing such major issues
during the first phase of lockdown, the migrant workers started protesting across the country and
started demanding transport in order to return back to home, quality of food. One of the reason
that they were protesting was they were not being allowed to cross the state borders as the state
borders were supposed to be closed during lockdown also they were protesting against the
government directives preventing them to walk home. The first unfortunate incident in India
regarding migrating workers came into notice when a 12 year old child died on 21st of April after
walking around 62 miles from Telangana to her home in Chhattisgarh, Bijapur district.
Shockingly she was just 6 miles away from her home before she died.

After the Government imposed a nationwide lockdown, more than 300 deaths were reported till
5th of May. Reason behind deaths of migrant workers varied from place to place, the reasons
ranging from starvation, suicides, exhaustion, road and rail accidents, police brutality, denial of
proper medical care etc. Surprisingly 80 deaths were reported and these deaths occurred while
traveling back home on shramik special trains that was arranged by the Central government.
Another heartbreaking incident with regards to migrant workers took place in Uttar Pradesh
when 24 migrant workers were killed and several other were injured on 16th of May when a
trailer carrying migrant workers rammed into a stationary truck, also carrying migrant workers.

INSTITUTIONAL MEASURES ARE ESTABLISHED TO ADDRESS THE

VULNERABILITY FACED BY THE MIGRANT WORKERS

Unorganised Workers’ Social Security (UWSS) Act, 2008 includes legal entitlements, as it
defines the migrant workman as a subset, it provides for contingencies of livelihood loss and it
makes the Act legally enforceable.

The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) is a

demand-based scheme. MGNREGS provides 100 days of guaranteed wage employment to rural
unskilled labour. This scheme addresses the vulnerability of migrant workers by giving them
employment in their area of residence.

The Public Distribution System (PDS) has clearly played a crucial role in preventing the spread
of hunger across affected areas preventing the migration from one place to other. The Mid day
meal scheme has multiple implications as it not just provides the meal to the children but also
opens up opportunity for the parents to not to leave the village in search of work.

Pradhan Mantri Shram Yogi Maan-dhan Yojana: To ensure old age protection for
unorganised workers. Atal Pension Yojana: It is a social security scheme launched under the
National Pension System (NPS) and aims at providing a steady stream of income after the age
of 60 to all citizens of India including the migrants and labourers. Pradhan Mantri Jeevan
Jyoti Bima Yojana and Pradhan Mantri Suraksha Bima Yojana (under the Gram Swaraj
Abhiyan): Both of the schemes provide for life insurance and accident insurance respectively to
the migrants and labourers. Pradhan Mantri Jan Arogya Yojana (Ayushman Bharat): It aims
at providing health cover to protect the migrants among others against the financial risk arising
out of catastrophic health episodes.

LEGAL FRAMEWORK FOR THE PROTECTION OF MIGRANT WORKERS

Unorganized Sector Worker’s Social Security Act, 2008 passed by UPA Government, could have
given safety net for lockdown, but the law was never implemented in India. As per the Central
government and different state government it shows that around 28 lakh migrants were in relief
camps arranged by different state government. Also seven to eight crore migrant workers either
continue to reside within the industries or factories they were working in, or have travelled back
to their home or still travelling. But unfortunately neither Central government nor State
government has any details regarding these migrant works. As per one of the provisions of the
above said act, the provision deals with the database of these unorganized migrant workers
which could have helped these workers in the current situation of pandemic. As per the reports
and surveys and from the summary of the act, it is very much evident that social security
schemes primarily cover only the organized sector, but as we all know that India’s economy is
almost informal. Also 90% of India’s workforce is employed in the unorganized sector. The
2008 law intended to provide social security and job protection to at least 37.5 crore, this was the
objective of the act when it was passed in the Parliament. Under the said act, states have to
establish worker facilitation centers (WFC) where the migrant workers can register themselves
for a ‘smart portable identification card’ but government completely failed to do so specially
when this was in dire need during the time of this pandemic. There are certain loop holes in the
law as per some of the officials due to which it was not implemented. Two separate bills for
agricultural workers and nonagricultural workers were recommended by the National
Commission for Enterprises in the Unorganized Sector. Now in order to register as an
unorganized worker, an individual must be 14 years of age and declare himself an unorganized
worker but unfortunately there is no as such process to verify such declaration in the Act.

There were some more unfortunate situation in different states, in order to overcome the work
load and pressure and in order to deal with Covid-19 crisis, many states in India kept on
increasing working hours of labourers even without paying them extra. States like Uttar Pradesh,
Rajasthan, Gujarat, Maharashtra, Odisha and Punjab have changed their labour laws b doing the
required amendments in the provisions. There is a strict violation of laws of International Labour
Organization to which India is signatory. As per the law a labour can only be forced to work up
to 12hours a day on six working days of a week now. But in States like Rajasthan, Himachal
Pradesh, Uttar Pradesh there was an increase of 24 hours i.e. earlier the stipulated time was 48
hours but it went on to 72 hours. Not only this but the Constitution of India also protect the
labours and workers. Article 14-16, 19(1) (c), 23, 24, 38 and 41-43 A directly concern labour
rights.

SUPREME COURT OF INDIA ON MIGRANT WOKERS PROBLEMS

The 1st petition that was filed in the Supreme Court of India on 1st of April, 2020 seeking
payment of minimum wages to the migrants workers who lost their jobs during the lockdown to
which Supreme Court asked that why wages are required when meals are being provided by the
government of almost all the states.? Later on 16th of May Supreme Court of India rejected a PIL
in which the petitioner asked the Supreme Court to direct the District magistrates to identify free
transport to the workers, petitioner stated that it is the duty of the government to do so.
Later on speaking on the killings of migrant workers who were killed sleeping on the
Aurangabad railway track, Supreme Court of India stated that it could not have been prevented.
But on 26th of May, the Apex Court admitted that the problems of workers were still prevailing
across the nation also Court stated that there had been inadequacies and certain lapses on the part
of the governments. Finally the verdict came from Supreme Court which was awaited since 1st of
April, the Apex Court ordered the Centre as well as state governments to provide free, food,
shelter and transport facilities to migrant workers who wish to go back their home. Later on 28th
of May, the Supreme Court of India also passed an order directing the states to bear the cost of
bus and train fares.

It was rightly said by Mahatma Gandhi that “The saving of labour of the individual should be
the object and honest humanitarian considerations, and not greed, the motive.” Today the
issue that is of great concern is the protection of human rights and dignity of the migrant
workers. There are challenges which is being faced by the migrant workers like low wages,
physical, sexual and mental exploitation with safety and security. Promotion of NGO, necessary
steps from the part of state as well as Central Government should be taken in order to protect the
workers and also formation of migrant workers groups to build an active movement for effective
awareness and to prevent abuse and exploitation against migrant workers.

WAY FORWARD

Repealing of the ISMW Act, 1979 and replacing it with a new Act, or by enlarging the
scope of Unorganised Workers’ Social Security (UWSS) Act, 2008 to include legal
entitlements, to define the migrant workman as a subset, to provide for contingencies of
livelihood loss and to make the Act legally enforceable. Universalisation of registration and
issuance of Aadhaar-based Unique Worker’s Identification Number (UWIN).

Schemes like MGNREGA, Public Distribution Scheme, (PDS) and Ujjwala need to be made
portable and extensive. Geofencing of different benefits enabling a migrant worker to choose
location-wise benefits. Preparing a comprehensive database of the migrant workers’ source
and destination, demography, employment patterns and skill sets.
It will help in skill development, providing social security benefits, planning for mass transit of
migrant labour and preparing for any contingency plan in emergency situations. Empowering
the Inter-State Council, set up under Article 263 of the Constitution to effectively and
comprehensively deal with larger issues related to migrant workers. Migrant worker issues
have complex Centre-State and inter-State dimensions.