ABSTRACT
Migrant workers form the very background of the economy of India. They contribute significantly to sectors like construction, agriculture, and manufacturing. Though central to the economy, social security, and welfare measures are oftentimes either absent or insufficient for these workers. COVID-19 has shown how susceptible migrant workers are and how these have ultimately brought out long-standing voids in the labor welfare mechanisms. In this regard, this paper studies the gaps, assesses the legal and social protections in place, explores best practices, and proposes policy measures to ameliorate the gap so as to ensure more inclusive and equitable labor.
Keywords – covid, social protection, measures, economy, welfare, legal protection
INTRODUCTION
Migration in India represents an integral part of the socio-economic landscape of the country. It results from differentials in employment opportunities and the standards of living across the regions of India. As per Census 2011, more than 41.4 million people migrated primarily for work, resorting to employment transfer; however, migrant labor forms a significant part and parcel of the Indian economy, other laborers continue struggling with less social security, poor living conditions, and the denial of basic amenities and rights. The COVID-19 has made life all the more miserable for migrant workers, who found them stranded and vulnerable. India has, however, put in place several schemes and laws aimed at protecting them; but significant gaps exist in their actual enforcement and reach. The time for a holistic approach to fill these gaps is now.
LEGAL AND POLICY FRAMEWORK
Our Constitution under Article 14 expresses Equality before Law whereby Articles 15, 19(1)(d), and 21 assure freedom of movement for every Indian citizen, thereby seeking to safeguard the rights of migrant laborers.
Some legislations, such as the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Unorganised Workers’ Social Security Act, 2008, exist to respond to their special needs. Some of these needs include registration, wage protection, and welfare schemes. However, this has not proved to be effective, owing to a defective enforcement mechanism which renders a lot of these provisions under-utilized.
The outbreak of the COVID-19 pandemic saw the launch of short-run interventions by the government, including the One Nation One Ration Card (ONORC) and Pradhan Mantri Garib Kalyan Yojana, to ease the immediate hardships people faced. While ONORC allowed ration portability across states, safe-at-home measures, like Atal Beemit Vyakti Kalyan Yojana, provided unemployment benefits. However, their execution in pieces resulted in an inconsistent manner of some benefits reaching the intended beneficiaries.
SOCIAL SECURITY GAPS
The lack of social security for migrant workers arises from structural inefficiencies and gaps in coordination between central and state governments.
- No Data or Registration: A huge number of migrant workers are undocumented. The registered construction workers derive economic relief from the welfare schemes. For instance, if Building and Other Construction Workers’ Welfare Cess, for example, need workers to be registered, many stay out of the system.
- Housing and Living Conditions: The proposal of Affordable Rental Housing Complexes (ARHC) targeted housing for migrants, though its scope appears to be limited due to poor execution.
- Health and Safety: Typically, health services and occupational safety procedures are often denied to migrant workers; this has been particularly vivid during the last pandemic season. The universalization of health coverage under schemes like Ayushman Bharat is lacking among this population.
- Non Awareness Among Utilities: Several workers do not comprehend schemes available to them, which reduces their access to resources.
- Gender and Vulnerability Issues: Women migrants experience layered issues of deprivation. They might avail themselves of little or no maternity benefits and work under extremely hazardous conditions. Such gendered vulnerabilities require specialized intervention.
BEST PRACTICES-THE STATES
Despite these systemic deficiencies and difficulties, some states have developed innovative practices to address some of these deficiencies.
- Sewa Mitra Platform, Uttar Pradesh: It utilizes technology to create a skill map of migrant workers and link them with employment opportunities. Gi provides direct benefit transfers and skill scam programs in a digitally holistic way, creating models for sustainable livelihoods.
- Mahajobs Portal, Maharashtra: This bridges the gap for employers and job seekers through a centralized database of industries and migrant workers. It also skill maps in order to ensure better job placements.
- Cluster-Based Livelihood Projects, Bihar: State-promoted employment initiatives, such as Zila Audyogik Nav Parivartan Yojana and the establishment of small-scale manufacturing units with credit linkages, have empowered local communities and provided sustainable livelihood options.
- Kaushalkar Portal, Karnataka: Reskilling and job placement opportunities for the returning migrants are ensured by working with industry associations. Its overall design has improved worker employability while providing social safety.
- Urban Wage Employment Initiative, Odisha: It aims to provide employment in the urban sector through projects ranging from rainwater harvesting to sanitation, concentrating on eco-friendly solutions and sustainable development.
RECOMMENDATIONS
The following recommendations would underpin comprehensive social security for migrant workers:
1.Centralized database: Unified national registry of migrants can help streamline access to benefits and services. The database should be integrated across states with dynamic capabilities to regularly update it with migration patterns and labor market shifts.
2.Strengthening legal mechanisms: Enhancing the enforcement of existent laws and stronger penalties against employers and contractors for violations. Periodic audits and inspections may ensure compliance with labor laws and social security norms.
3.Universal Social Security: Expanding schemes like ONORC and Ayushman Bharat for universal realization of the corporative basis. Further extension could be achieved by mobile-based registration for unorganized workers.
4.Awareness Campaigns: Outreaches targeting migrant workers so they know their rights and the various schemes. Partnerships with local NGOs and community leaders can further amplify such an effort.
5.Gender-sensitive policy: Introducing targeted women workers’ initiatives, such as maternity benefits, crèches, and protections against harassment.
6.Leveraging Technology: The use of mobile apps and online portals to collect data in real-time, conduct skill mapping, and disburse benefits. Innovations such as artificial intelligence can predict job trends and provide proactive policymaking.
7.Collaborative Governance: There must be strengthened coordination between the central, state, and local governments for seamless delivery of welfare benefits. There is also a need for public-private partnerships for addressing resource gaps and improving service delivery.
CONCLUSION
Migrant workers are a part and positive contributors to India’s growth and infrastructure. However, their integrated contribution goes unnoticed most of the time and is unrewarded. The COVID-19 crisis laid bare India’s labor welfare legislation weaknesses, thus requiring urgent reform. The migrant workforce deserves dignity, safety, and opportunity through a multipronged approach of enhanced legal protection, new technology, and inclusive policies.
The equity vision for India depends on solving the systemic problems facing the country’s most vulnerable groups. Recognizing migrant workers as indispensable partners in nation building and enabling them to survive will not only be a matter of moral concern but economic necessity. Through affirmative action, cooperative governance, and solid commitment, India can open a new chapter in labor welfare legislation based on the principles of inclusion and resilience for a better tomorrow for all.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
WRITTEN BY MADHAV SAXENA
