Sanighdha
“The greatest nations are defined by how they treat their weakest inhabitants.”
-Jorge Ramos
INTRODUCTION
While we sit in our cosy homes enjoying the monsoon, there are lakhs of migrants stranded on every nook and corner holding no key to the plethora of their problems; unlike we, the privileged ones have. Yet, we still intentionally choose to read the news and shove off the paper away in the bin box. Migrants were never an initial concern of anyone when the lockdown was imposed, but a bit later they were attended to. Handling of this grave situation being doubtlessly an arduous one, can spin off any government’s head. Nevertheless the application of the archaic laws while dealing with this particular crisis was a travesty of justice and a symbol of letting the most vulnerable, the weakest and the most jeopardised sections of our society-Down. India is a developing nation and infrastructural growth is inevitable which entails building of a better connectivity system including roads, highways et al a better communication system. For all the above specified purposes, labour is required and in India, a huge amount of the same comprises of-interstate migrants. But what about their rights and security? Do we still not care?
INDIAN MIGRANTION DATA
Before delving into the aforementioned topics, figures released by a series of sources are worth glancing upon. According to a recently released data by the Chief Labour Commissioner’s Office, 26 lakh migrants are stranded across the country, 10% of whom are in relief camps, 43% migrants on work sites and 46% are on other sites. Using the Cohort-based Migration Metric (CMM), the interstate migration was pegged at 60 million back in 2017 by the then Economic Survey and the annual average flow of the inter-state migrants was estimated to be close to 9 million. The interstate migrants destabilised by the lockdown in the period March-April are estimated to be at 22 million. The Census of India(2011) has put the number of interstate migrants at a staggering 139 million. The same Census Data states that the total workforce of Indian migrants is 471.5million,while only 12.3% are regular workers getting the social security benefits and the rest are treated like the forgotten souls in the deepest chasms of exploitation, ignorance, difficulty, distress, dirtiness and discrimination-marginalised very efficiently and comfortably in the smeary-tarnished corner of our “Urban-Centric Growth Ethos.”Conclusively, it is not ironical why urban centric is always “growth” and Never “development”.
INTER-STATE MIGRANT WORKMEN ACT, 1979
According to the definition provided by the United Nations, migration is
“The geographic movement of people across a specified boundary for the purpose of establishing a new permanent or semi-permanent residence. Along with fertility and mortality, migration is a component of the population change. The term “in migration” and “out migration” are used for movement between areas within a country (internal migration).”
Historically, people have migrated from one place to another in search of better opportunities of work, to join family, to escape conflict or human rights violations, in response to the adverse effects of climate change, natural disasters, or other environmental factors. These factors which push a person out of an area are called the ‘push factors’; and the factors with which such places invite these deprived individuals to their avenues are called the ‘pull factors’.
The Introduction to the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act of the year 1979 traces its origin to the Dadan Labour of Orissa. The labour was recruited from various parts of the State through contactors known as Sardars or Khatadars who used to promise a settlement of wages on piece-rate basis monthly- a promise which was never fulfilled. Minus all the then existing labour laws regulations, the dadan labour was mercilessly exploited and forced to work all day and all night leading to deterioration in their health- mental, physical, emotional and social. Dadan were also transported from one state to another, often while ignoring their basic rights and social security. After noticing this, the Orissa Government bought in the Orissa Dadan Labour (Control and Regulation) Act, 1975 (A Report still pegs the number of Dadan labour recruited annually to 1.5 lakh). Based on the same observation, it was deemed fit by the Central Government to bring a Central legislation to regulate the employment of inter-State migrant workmen as it was felt that the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, even after necessary amendments, would not adequately take care of the variety of mal practices indulged in by the contractors, Sardars or Khatadars.
Inter -State Migrant Workman has been defined in Section 2(e) of the said Act as, “any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment.” Chapter V of the Act exclusively deals with the wages and other allowances of the interstate migrants. Wages are to be provided accordingly but not less than as prescribed under the Minimum Wages Act, 1948. Section 14 deals with ‘Displacement Allowance’ which shall be paid to the workman over and above the salary rendered out to him/her.
However, one Section that specifically requires attention in today’s scenario is Section 15 dealing with the Journey Allowance was totally discarded when the migrants wanted to go back to their home. They were not left with even a penny with them at the time the doors of their working place were shut on their faces, without giving a reasonable time’s notice to them. Considering the fact that the situation didn’t allow giving a notice, still leaving out those poor workmen with nothing in hand but only their family’s dreams to fulfill was gross injustice. This clearly showcases a faux pas in our labour laws and their implementation. Section 18 imposes a liability on the employer to pay all the wages. But it’s common knowledge as to how much poor people are given their rights.
However, the law is not free of flaws and above all was never ever invoked by any State government or even the Central Government. The law which requires establishments hiring inter-state workers to have a proper license and get registered themselves as well as the workers; also vouches for regular payment, non-discrimination, provisioning of suitable accommodation, free medical facilities and a protective clothing for the workmen. Had all these processes of registration and getting a license been fulfilled, each state would have been better prepared for the management of the migrants instead of picking out dirt and saving money out of a serious crisis.
PRINCIPLES OF INTERNAL DISPLACEMENT
Almost 40 million migrant workers were left out on the lurch when the lockdown was announced, forcing the UN Human Rights Commissioner to appeal for a “Domestic Solidarity.” The migrants can be safely classified as Internally Displaced Persons (IDP) under the Guiding Principles of the Internal Displacement1998 (Deng Principle) which defines IDPs as ,
“persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.”
However, India still doesn’t accept the principles because of the binding nature of the same. Had we been considerate enough to follow up on the same, the migrants wouldn’t have to face such problems. Most of the principles of the GPID are synonymous with the Sustainable Development Goals (SDGs) consisting of reducing poverty, hunger, starvation, providing food, shelter et al. Had we been accepting of the Principles, two birds would have been shot with the same arrow. One, moving a step further towards fulfilling the SDGs and second, dealing with the crisis with a more humane attitude.
CONCLUSION
Articles 14, 19(1)(d) and 21 all play an important role in such crisis. The snatching away of a living wage is a clear case of shooting away dignity of a person. Articles 39 and 47 of the DPSPs of our Constitution mandates a duty on the State to provide healthcare and better standards of living to all the citizens. Article 43 of the DPSP also provides for a Living Wage which would ensure all the above facilities. In Sanjit Roy v State of Rajasthan and PUDR v UOI, living wages were emphasised. The Migrant Worker Law must be revamped so as to reduce pressure on the Employer and the Centre must play a more proactive role with respect to the migrants. Protecting our workforce now will surely ensure a better developed India tomorrow. As soon as we can, we must accept the same.
Sanighdha, 3rd Year B.A.LLB. (Hons.) Student at The University Institute Of Legal Studies, Punjab University, Chandigarh
Picture Credits: The Hindu
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