Aspects of Human Rights of Migrant workers- (Article)

Introduction

The problems of migrant workers became vital in many developing countries of the globe. The migration of labor started in India during the time of British colonial rule. The National Commission on Rural Labour in India has estimated that 10 million migrants have migrated in search of work in rural areas alone. In addition to that NCRL has also estimated 4.5 million interstate migrants and 6 million intra-state migrants in India.

Migrant workers are those workers, who migrate from one area to a different area within the state or country so as to urge seasonal or temporary or part-time employment in different sectors. Migrant workers, who aren't organized under any trade unions and their labor standards, aren't protected by the govt., additionally as trade unions, these migrant workers are illiterate, ignorant, and belong to a backward community. They are not getting minimum wages stipulated under the Minimum Wages Act.

One of the explanations behind the Human Rights Violation of State Migrants workers in India is political and economic. State Migrants are outsiders in other States; they did not vote and thus cannot put governments under electoral pressure.

What are the rights of Migrants?

International human rights apply to all or any individuals, in spite of immigration status. Everyone – either he is a citizen or a migrant, he is documented or undocumented – has the right to life,  right to liberty, and security of person; freedom from slavery or torture; the right to equal protection of the law and right to freedom from discrimination; arbitrary arrest and detention; and freedom of association, religion, and expression.

These human rights are protected by international treaties, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and therefore the International Covenant on Economic, Social, and Cultural Rights (ICESCR). Several treaties specifically address the human rights of migrants, including the Convention concerning the Status of Refugees and therefore the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. These treaties form the structure of rights of particular importance to migrants, including due process of law, family reunification, and asylum.

Laws related to Migrant laborers in India

The law associated with migrant laborers in India is “Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979” which was gone by both the Houses of Parliament and President of India signs on this act on 11/06/1979.

This Act makes provision for interstate workers to sort out only the temporary shortage of required skilled workers in a very state. The aim of this activity isn't to encourage interstate migration of workers against the interests of local workers because the principal employers would need to incur more cost in deploying interstate workers.

This Act applies to,

·         Every industry within which five or more Inter-State migrant workmen are employed or who were employed on any day of the preceding twelve months.

·         Every contractor who employs or who employed five or more Inter-State migrant workmen on any day of the preceding twelve months.

It shall be the duty of each contractor employing Inter-state Migrant worker,

·         To ensure payment of wages to such worker.

·         To ensure equal pay money for equal work regardless of sex.

·         To ensure suitable conditions of labor to such workers having reference to the very fact that they're required to work in a very State different from their own State;

·         To provide and maintain suitable residential accommodation to such workers during the time of their employment;

·         To provide the prescribed medical facilities to the workers, freed from charge;

·         To provide such protective clothing to the workers as could also be prescribed; and

·         In the case of casualty or serious bodily injury to any such worker to report back to the required authorities of both the States and also the next-of-kin of the worker.

·         Despite the contribution made by migrants to the economy, most remain on the margins of society, contributing cheap labor but they are not able to influence the contractors regarding their wages or living conditions.

·        Migrants are preferred over local labor by employers because they're cheaper and work harder.

Unfortunate events during the lockdown related to Migrant labors

The sudden shutdown of companies has upended the lives of many migrant laborers in Indian cities. Lockdown in India has impacted many of migrant workers. the major reasons for struggle during this lockdown are - Lack of food and basic amenities, loss of employment, fear of the unknown, and lack of social support. Thousands of migrants have protested across the country, for reasons starting from demanding transport back home, quality of food served, not being allowed to cross the border, and against government directives preventing them to steer home.

·         On 21st April 2020, a 12-year-old child died due to walking over 62 Miles from Telangana to her native village in Chhattisgarh’s Bijapur district. She was 6 miles far away from home.

·         Due to the lockdown, quite 300 deaths were reported till 5th May 2020, with reasons starting from starvation, suicides, exhaustion, road and rail accidents, police brutality, and denial of timely medical aid. the deaths reported during this lockdown movement, most people were from the migrant workers and marginalized section of the society. 80 persons died while traveling back home on the Shramik Special trains.

·         On 8th 2020 May, a rattler killed 16 migrants who had stopped to rest on railway tracks near Aurangabad in Maharashtra. On 14 May, 8 migrant workers were killed and nearly 55 injured in an accident while returning to their homes near Guna, Madhya Pradesh.

·         On 16th May 2020, 24 migrant workers were killed, more were injured when a trailer carrying migrants rammed into a stationary truck, also carrying migrants, of Uttar Pradesh.

Steps taken by Indian government to tackle the problem of Migrant labors:

1.      The central government had released ₹11,092 crores to states and UTs under the NDRF, to fund food and shelter arrangements for migrants.

2.      To help provide jobs and wages to workers, the average daily wages under the MGNREGA were increased.

3.      On 14th May, Finance minister announced free food grains for the migrant workers, spending ₹35 billion (US$490 million).

4.      The government of India launched various initiatives to tackle the impact of COVID-19 on migrant workers in India.

5.      The central government has also launched "Shramik Special" trains for the migrant workers and others stranded.

Government Failures during lockdown:

On 29th March, 2020, the government ordered the closing of borders on to stop migrant workers who are marching on foot around 62 Miles to succeed in their villages. Administration has also announced steps to supply food, shelter and wages to them, looking to ease their hardship within the wake of the 21-day nationwide lockdown.

·         On 29th April, 2020 government ordered migrant workers would be permissible to travel only after that they had been screened and are asymptomatic.

·         On 21st May, 2020, around 40 Migrants trains (Shramik special trains) have lost their way and reached elsewhere instead of their destination.

·         During the month of May, around 80 persons lost their lives on Migrants/Shramik Special trains died.[1]

·         The result's an unprecedented humanitarian disaster that many poor migrants are walking, cycling, dangerously hitchhiking home, sometimes over distances of quite 1200 Miles, often on empty stomachs.

·         It was very unfortunate that a lot of State Governments in India took fare from migrant laborers while sending them to their villages in trains and buses.

Labour Law Violation of Migrants:

To cope with the Covid-19 crisis, many states in India have increased working hours of laborers even without overtime payments. Rajasthan, Madhya Pradesh, Uttar Pradesh, Gujarat, Maharashtra, Odisha, Punjab, and also Goa have changed their labor laws by amending provisions or suspending some others.

Against the International Labour Organization (ILO) convention on hours of labor to which India is a signatory, Rajasthan, Gujarat, Himachal Pradesh, and Uttar Pradesh can force the laborers to figure 72 hours every week, a rise of 24 hours from the earlier stipulated 48 hours. In other words, each laborer are often forced to figure up to 12 hours each day on six working days of every week now, from an earlier schedule of eight hours each day, violates the International Labour Organization (ILO) convention Law.

Conclusion

The socio-legal study of Inter-State Migrant Workmen Legislation reveals that though then industrialization has contributed towards the progressive movement of the society, yet it has its inbuilt problems. This law has been enacted as a war against poverty-ridden migrant workmen once they leave their home-state and move to the migrant state in search of some job which can bring lucrative wages. Besides wages, this law also gives some safeguards to the migrant workers, including, the safety of employment, non-exploitation at the hand of the employers/contractors, conducive working conditions, etc, at the hands of the employers/contractors, good working conditions.

[1] data from the Railway Protection Force of India

 

-Yash Singh

University of Allahabad.

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