COVID-19 Pandemic and Human Rights of Migrant Labourers- (Article)


Introduction:

The COVID-19 Pandemic is said to have its origin at Wuhan, China and has been declared as a Pandemic on 11th March, 2020[1]. The effects caused by the virus have been disastrous and have almost brought global transactions, stoppages on travel, workplace to nil.

International Context:

Article 11 of European Health Charter, Article 2 and 3 of the European Convention on Human Rights supplement and provide for right to protect and preserve health.

Universal declaration of Human Rights[2] also stresses on the provision of standard of health available to all families. Article 10 of the International Covenant on Civil and Political Rights emphasis on treating people with respect and importance of human dignity, to those deprived of liberty.

International Convention on Protection of Migrant workers[3] has been passed providing rules and guidelines that enables rights and protection against discrimination on basis of sex, religion, caste etc.

Human Rights Perspective of Migrant Workers:

Migrant Workers are entitled to the same rights and are equal to the others. They have been the subject matter of more rights as they are considered vulnerable in the current society and have the necessity to be uplifted.

They have the Right to Work and are entitled to adequate wages.

They have a right towards a reasonable standard of living

They have a right to freedom from bonded labour or any form of exploitation.

Health facilities must be accompanied by hygienic working conditions.

From the conception of the Indian Constitution, it is evident that the:

Preamble provides for Liberty, Equality, Fraternity, Sovereign, Socialist, Secular Rights that set out the idea and aspiration for human rights.

Fundamental Rights- Part III of the Constitution also deal with human rights which include Right against Exploitation, Cultural Rights, Educational Rights.

Indian Current Scenario on Migrant Labourers:

From the start of the Corona Crisis, Government hand-in-hand with the Judiciary have strived to protect the migrant labourers from outspread of the pandemic.

Supreme court has issued order to the Central Government to address issue relating to payment of wages to the migrant workers emphasising on their employment in the private sector. The Central Government had stated that it had established shelter homes and will take measures for their wage payment[4].

Bombay High Court through Justice RK Deshpande in Sarva Hara Jan Andolan v. State of Maharashtra[5] has asked the Maharashtra Government to consider whether the Migrant Labourers be allowed to return to their homes if they are situated within the State, to prevent the load on the State[6].

In Re Reepak Kansal[7], the Supreme Court was sought to adopt the “One Nation One Ration card” Scheme to ensure that the Migrant workers are provided with the food grains at a concessional rate and are entitled to all benefits of the scheme like medical and shelter as per Article 21 of the Constitution.

In the matter of Jagdeep Chhokar v. Union of India, Public Interest Litigation had been filed to allow migrant workers to return homes after testing for COVID-19. Article 14 and Article 21 of the Constitution have been invoked for the purpose[8]. In furtherance of the situation, on 5 May 2020, the Supreme Court disposed the petition after clearing that the states are in the process of taking steps to do the same. An issue in the same petition pertained to requesting the court to order the train tickets be available free of cost for relocation of the workers to their own states. The Supreme Court ordained that the regulation regarding the same was to be passed by the State Government and the Railways Department.

The Ministry of Home Affairs has also passed orders on the facilitation of three categories namely the tourists, students and Migrant workers who have been stranded in other places and states. It has however left it to the discretion of the states to formulate mechanisms to safely relocate the people.[9]

In the midst of the chaotic situation, lawyers  like Prateek Dwivedi have come up and are providing meals and support to the migrant workers who have been stuck in Noida[10].

Wage Dispute: The Council for Trade Union (AICCTU) has filed a petition that the State Government has cancelled all the trains after meeting with the Real Estate Developers (CREDAI). The workers were said to have expressed their anguish over not being able to return home and have not received their wages yet. It has also stated that the mental health is being affected and caused distress in the minds of the workers[11].

The Petition also addressed the issue of non- availability of drinking water and sanitation facility. The Problems brought forth through the petition are: the lack of transport facility forcing many migrant workers to walk to their state, which is affecting the health and there are reported cases of deaths, no information among the workers on the status of the Country and no access to the websites opened and operated by the States. 

Conclusion:

In the Current situation India is undergoing, it is essential to note that the Central Government must not only take measures to prevent the outbreak of the pandemic, but also ensure that it must do so after allowing workers to return to their homes in a constrained manner. It must devise measures like arranging for buses with safety protocols in place, placing the workers after shifting in self- quarantines.

Though the State Governments are conceptualising the measures, it is not in an efficient manner as the delay in the enforcement mechanism is evident.

It must be brought to light that Article 21 which ensures Right to Dignity and Life of the Constitution forms a part of the Golden Triangle and cannot be usurped by the Government. Thus, the migrant workers must be seen at par with others and steps taken must be rapidly enforced to improve their standard of living.

In such a prominent situation, human rights, especially of the less privileged must be enshrined and given utmost importance.


[1] For Declaration as a Pandemic, see WHO Director’s Opening Remarks at Media Briefing. Retrieved 11 March 2020. Last accessed- 10 May 2020.

[2] Article 25 of the United Nations’1948 Charter- Universal Declaration of Human Rights. Retrieved 29 June 2017. See <https://www.un.org/en/universal-declaration-human-rights/index.html> . last accessed 10 May 2020

[3] International Convention on Protection of Rights of Migrant workers (ICRMW), came into force on 1 July 2003

[4]Litigation News, Bar and Bench. See <https://www.barandbench.com/news/litigation/coronavirus-plight-of-migrant-workers-supreme-court-asks-centre-about-steps-taken-for-payment-of-wages> by shruti Mahajan on 13 April 2020 at 5:02 PM. Last accessed 10 May 2020.

[5]Sarva Hara jan Andolan and Another v. State of Maharashtra, Public Interest Litigation ST No. 5443 of 2020.

[6] Litigation News, Bar and Bench. See <https://www.barandbench.com/news/litigation/coronavirus-lockdown-extension-bombay-high-court-asks-state-to-consider-if-migrant-workers-could-travel-back-home-within-state>, by Rintu Mariam Biju on 16 April 2020 at 1:11 AM. Last accessed 10 May 2020.

[9] Migrants Home Ministry. Bar and Bench. <https://www.barandbench.com/news/covid-19-lockdown-mha-to-allow-movement-of-migrant-workers-students-tourists-after-screening> on 29 April 2020 at 6:59 PM. Last accessed 10 May 2020.

[10] Supreme Court Lawyer’s Initiative to help feed Migrants and Below Poverty Line Families. Noida Food Relief Sai Foundation.

[11] For Application filed by the Trade Union, see Mohammed Arif Jameel v. Union of India W.P No. 6435/2020 <https://images.assettype.com/barandbench/2020-05/1367ea52-048c-46c0-a3fd-eaea43bb4cc0/Application_Migrant_Workers_Final.pdf>. last accessed 10 May 2020.


-V. Krishna Laasya
School of Excellence in Law.

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