MIGRANT WORKERS DURING PANDEMIC @LEXCLIQ BY KANUPRIYA BHARGAVA

MIGRANT WORKERS DURING PANDEMIC

 

INTRODUCTION

 

The Indian government declared a countrywide lockdown in March 2020 due to an upsurge of COVID-19 cases. This was the first time we had been placed under lockdown and had experienced the repercussions of being restricted to one’s hometown for a long length of time. Over the course of a few months, though, there was reports of migrants travelling barefoot in such a scorching summer to return to their hometowns. They don’t have access to transportation because of the lockdown, so they must continue the trek without food at their own risk. According to the International Labour Organization [ ILO], the migration industry accounts for the majority of India’s unorganised sector, which employs more than 85 percent of the workers.

BY MIGRANT WORKERS

The lockdown has exacerbated migrant workers’ suffering and poverty by stealing their jobs, daily wages, and houses, causing many to abandon cities and return to their homelands. Due to stringent lockout rules, some migrants are compelled to remain in cities even after losing their employment, while others are forced to return to their home countries without the required means. All of these factors put the administration in a difficult position when it comes to altering migrant worker regulations and obtaining public support for the initiatives. Furthermore, the painful experience of over 300 million workers should be taken into account, and all of these data and figures should be used to change laws and regulations accordingly.

MIGRANT WORKERS’ RIGHTS IN INDIA

There are a numerous of laws and constitutional provisions in India that deal with migrant workers and labor rights. These are as follows:

Article 14– Everyone is equal before the law

Article 15– Prohibits the state from discriminating against the citizens

Article16– equality of opportunity for employment or appointment under the state

Article 23– Prohibits all sorts of trafficking and forced labor.

Article 43 says workers should have the right to a living wage and “conditions of work ensuring a decent standard of life”

Apart from these rights there are many laws enacted to deal with workers rights, these are as:

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted to protect the rights of migrant workers against exploitation by contractors.

Payment of Wages Act-1936 ensures that wages be paid in cash and not in kind to employed persons within the prescribed time limit

Unorganized Workers Social Security Act-2008 provides for social security and welfare of unorganized workers.

 

CRITICISM

The State Government would have had complete records about inter-state migrant workers returning to their place of origin through their contractors if the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, had been properly and accurately implemented.

However, due to the government’s neglect, no reports on worker migration were kept, which, if done, would have significantly reduced the burden of migrant labor. The lack of government readiness resulted from a failure to prevent genuine hardships for vulnerable people.

On April 1, 2020, a petition was filed in the Supreme Court for the payment of minimum wages to workers during the lockdown period; however, the PIL was dismissed on the grounds that it is the responsibility of the State Government, and by counter-questioning the need for payment of wages when migrant workers are provided with food. After some time, the Supreme Court admitted to some flaws in the government’s functioning and ordered the national govt and states to offer free food, transportation, and accommodation to stranded migrants.

 

CONCLUSION

To recapitulate, during the epidemic, employees faced various problems, and it was the government’s obligation to assist them in overcoming these challenges by providing the necessary resources. The storey, on the other hand, is quite the opposite.

Due to antiquated legislation, the government was unable to aid the workers. The government should have established a new body or ministry to investigate this issue, as well as helping non-governmental organisations (NGOs) in maintaining workers’ legal rights and promoting them through different efforts to increase awareness and prevent migrant worker abuse. Quality education to prevent worker exploitation, PDS, free healthcare services or health insurance, and to ensure that employees have simple and equal access to opportunities. They should also be incorporated into major state-level policy.

 

Leave a Reply

LexCliq

So Who’s Behind The Phantom?

Preview capability: Utilizing the VPGN set-up, Infinium labs could let players try out games on a trial basis or rent video games, before the gamer would have to purchase. This is not anything new either — you can obtain trial Laptop games from the Web, and you can rent console video games at a video […]

Read More
LexCliq

The Day By Day Grind: Has F2P Made Your MMO Behavior More Expensive?

The Monetary Policy Committee (FPC) has set out its expectations for stablecoins, to make sure the same degree of public confidence in stablecoins as business financial institution cash. The FPC is a committee of the Financial institution. It is answerable for identifying, monitoring and taking motion to take away or cut back systemic risks. This […]

Read More
LexCliq

The Day By Day Grind: Has F2P Made Your MMO Behavior More Expensive?

The Monetary Policy Committee (FPC) has set out its expectations for stablecoins, to make sure the same degree of public confidence in stablecoins as business financial institution cash.The FPC is a committee of the Financial institution. It is answerable for identifying, monitoring and taking motion to take away or cut back systemic risks. This is […]

Read More