The Indian economy is strongly reliant on migrant labours, who move from rural to urban areas in pursuit of work. The Covid-19 outbreak has brought to light the predicament of migrant workers in India, who have been left stuck without food, shelter, or employment due to the statewide lockdown. While laws exist to protect migrant workers’ rights, several loopholes and gaps in the legal framework undermine their effectiveness.
One of the major difficulties confronting migrant labourers in India is the absence of a comprehensive legal framework to protect their rights. Migrant workers are frequently not recognised as a distinct category under labour rules, and thus are not offered enough legal protection. India’s labour laws are complex and fragmented, with separate laws and regulations governing different industries and worker groups. This leads to misunderstanding and makes it harder for migrant workers to understand and assert their rights. Due to their gender, female migrant workers in India face additional problems, such as discrimination, sexual harassment, and a lack of access to basic amenities.
Migrant workers in India have historically faced a variety of obstacles, including terrible working conditions, low wages, and limited access to social safety programmes. These difficulties have been worsened by pandemics and natural disasters. The Covid-19 outbreak has highlighted migrant labourers’ vulnerability, leaving them trapped without food, housing, or employment. The existing regulations in India do not effectively address the difficulties that migrant workers experience during such events. In addition, present Indian regulations do not sufficiently handle the issue of migrant labourer displacement during emergencies. Migrant labourers frequently work in areas prone to natural disasters such as floods and earthquakes.
During such situations, migrant workers are frequently forced to relocate to safer places, abandoning their homes and belongings. The current laws do not adequately compensate migrant labourers for their losses during displacement.
Another key challenge for migrant labour during pandemics and natural disasters is a lack of information. Migrant workers are frequently from marginalised areas and have limited access to knowledge about the dangers of pandemics and natural disasters.
The current laws do not provide for proper information dissemination to migrant workers, leaving them unaware of the precautions they must take to safeguard themselves and their families.
The Covid-19 pandemic has worsened these concerns, making migratory women workers increasingly more susceptible. Existing rules are frequently gender-blind and fail to account for the special issues faced by female migrant workers.
The act mandates contractors that hire more than five migrant labourers to register with the government and provide them with basic necessities like as housing, medical treatment, and adequate wages. However, employers frequently disregard this law, and authorities lack the resources to effectively monitor its implementation.
Another key difficulty that migrant workers encounter is a lack of social security benefits. Migrant workers are frequently employed in the informal sector, where they lack access to essential social security benefits like as health insurance, pensions, and gratuities. The Employees’ State Insurance Act of 1948 provides health insurance to workers earning less than Rs. 21,000 per month, however its coverage is limited, and many migratory workers are excluded.
Because they frequently work in isolated and unfamiliar environments, female migrant workers are especially vulnerable to sexual harassment and violence.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 protects women from sexual harassment in the workplace, however it does not address the issue of sexual harassment experienced by female migrant workers outside the office.
Another key problem that female migrant workers confront is a lack of access to education and skill training. Many female migrant workers come from underserved neighbourhoods with limited access to education and skill development. This limits their career opportunities and exposes them to exploitation and abuse.
Migrant workers often encounter difficulties in obtaining justice. They are frequently unaware of their legal rights and lack access to legal aid. The Indian judicial system is slow and expensive, making it difficult for migrant employees to obtain remedy for their complaints. Migrant workers are also frequently unaware of their options for resolving grievances.
Another notable gap in Indian laws governing migrant labour rights is the inability of social security payments to be transferred. Migrant workers sometimes work in multiple states and are unable to transfer their social security benefits from one to the other. As a result, they are vulnerable and are denied basic social security benefits.
The Covid-19 outbreak has highlighted the vulnerabilities of India’s migrant workforce. Millions of migrant labourers were stranded without food, shelter, or employment as a result of the statewide lockdown. Their plight was exacerbated by the lack of social security payments and the absence of a comprehensive legislative framework to defend their rights.
Finally, the gaps in Indian laws regarding migrant labour rights undercut their legal protection and expose them to exploitation and abuse. A thorough legal framework is required to protect the rights of migrant labourers and provide them with social security benefits. Existing rules must be tightened, and migrant workers must be made aware of their legal rights and opportunities for grievance redressal.
The government and civil society organizations need to work together to ensure that the rights of migrant labourers are protected, and they are treated with dignity and respect.
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