Rights of Migrant labours, the developer of nation |Lawmania

In a suo motu Public Interest Litigation case, filed last year on 26.05.2020, the Hon’ble Supreme Court of India had exposed the dilemma of migrant labourers due to nationwide lockdown. The Court came to their rescue stating that the right to life as guaranteed by Article 21 of the Constitution gives right to every human being to live a life of dignity with access to at least bare necessities of life. The Hon’ble Court said that though Constitution of India does not have  explicit provision regarding right to food but right to life enshrined in Article 21  may  be interpreted to include right to live with human dignity which may  include the right to food and other basic necessities. It is the bounden duty of all States and Governments to provide food security to impoverished person.     

                           

Migrants are those who move to another state to do job in organized/unorganized sector for earning their livelihood. Migrant workers include those who are employed in the organized sector that involves mechanical, technical, etc. skills and those who  are mostly employed in the unorganized sector that involve manual labour. Job in organized sector  is stable whereas job in unorganized sector is temporary.  Throughout the lockdown, since the announcement last year in March 24^th, 2020 by our Prime Minister, Mr. Narendra Modi, mostly the unorganized migrant workers  were the most sufferer  compared to the other migrants due to cessation of employment. During the countrywide lockdown due to Covid-19 huge number of migrant workers, working in different parts of India came into the picture. The huge exodus of the migrant workers from their place of works to their native places was beyond imagination and was matter of great concern that needed to be looked after, because of the rights they inherit under the constitution of India.

The Centre, States and Union Territories took various measure to implement the orders of the Supreme Court like taking steps for transportation of migrant workers to their native places and implementation of three enactments namely Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979; Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; and Unorganized Workers’ Social Security Act, 2008.

The Central and State Government formulated various schemes for the benefit of migrants labourers on the direction of the Hon’ble Supreme Court of India such as arrangement of food and shelter and also quarantine facilities with free facilities to poor migrants laborer. The National Food Security Act, 2013 (NFSA)  was implemented for Migrant  labourers wherein dry rations were provided as per the centre  and States’ Schemes wherever he is under the “One Nation One Ration Card” scheme. However large number of migrants were  not benefitted from such scheme because they did not possess ration card provided under the NFSA. In such situation the Court said that it is the duty of the respective States/Union Territories to identify such migrants workers and distribute dry rations and to devise appropriate schemes for providing   dry ration to migrant workers. Such scheme shall be continued and operated till the pandemic continues.

According to the survey of 2017-2018 carried out by National Statistics Office, there are 38 crores workers, i.e, more than 1/4^th population of the entire country working in the unorganized sectors. Contributions  of these labourers  towards different projects, industries, make considerable additions in the economic development of the country. The Apex Court referred to the case held by Constitution Bench in National Textile Workers’ Union and Others Vs. P.R. Ramakrishnan and Others, (1983)  The Court observed –  “the    workers have special place in the socialist pattern of society. They are no more vendors of toil; they are not marketable commodity to be purchased by the owners of capital. They are producers of wealth as much as capital. They supply labour without which capital would be impotent and they are at the least, equal partners with capital in the enterprise. Our Constitution has shown profound concern for the workers and given them a pride of place in the new socio-economic order envisaged in the Preamble and the Directive Principles of State Policy……………………. .”

In view of importance of migrants labourers in contributing economic development,  main subject matter raised in suo motu PIL are:

1.                 Dry Ration to Migrant workers: the Apex Court directed  States to bring appropriate scheme, which shall be implemented on or before 31.07.2021, for distribution of dry ration to migrants labourers for which the States shall ask for allocation of additional foodgrains from the central Government and as directed the Government shall provide additional foodgrains to the States. Such scheme may be continued and operated till the pandemic continues.

 

2.                 One Nation One Ration Card: The Apex Court was quoted as saying that when a migrant labour reaches to a particular State for work/employment and is covered by National Food Security Act Scheme, the receiving State is under duty to ensure that his rights and entitlement under National Food Security Act  is not denied merely because of the fact that he is not in his native State from where he was issued the ration card under the said Act scheme. Therefore  the Court viewed that States who have not implemented One Nation One Ration Card Scheme should implement immediately but not later than 31.07.2021.

 

3.                 Coverage of Rural and Urban population under National Food Security Act, 2013:  the Court opined that the Central Government need to calculate freshly on the basis of population estimates as per the census, the total  number of persons to be  covered in the rural and urban areas of the State under the Nation Food Security Act, 2013 for benefiting the large number of eligible persons in  receiving foodgrains at subsidized prices.

 

4.                 Inter-State Migrant Workman (Regulation of Employment and Condition of Service) Act, 1979: under the said Act the Court was of the opinion that direction need to be issued to the States/Union Territories to register all establishment and license all contractors and ensure that statutory duty imposed on the contractors to give particulars of the migrant workers is fully complied with. The competent authority while registering the establishment and granting license to the contractors may also impose conditions pertaining service condition, journey allowances and other facilities set out in chapter V of the Act.

 

5.                 Registration of Unorganized Workers:  the Court opined that registration of unorganized workers is pivotal  for their welfare. It is only after the registration that they are able to access the benefits the welfare schemes of the Central government and the State governments. Therefore  the Court said that the Central Government as well as the States and Union Territories shall complete the portal for registration under National Database for Unorganized Workers project not later than 31.07.2021. the Court also directed that the process of registration of unorganized labourers/ migrant workers is completed at the earliest not later than 31.12.2021

 

6.                 Community Kitchen for Migrant labourers  by States/Union Territories: the Court  held that the States, during the pandemic, who have been running community kitchens for migrant workers and other persons who needed two meals a day due to various reasons including cessation of employment shall continue to run at prominent place where large number of migrant labourers are there at least till the pandemic continues. The States should advertise places where facility of community kitchen/subsidized meals is provided so that no migrant labour, who is unable to arrange for his two meals can remain hungry.

 

7.                 Direct Bank Transfer to unorganized workers:  no direction was given in regard to direct bank transfer being the matter of policy  in domain of the State. Persons can be entitled for direct bank transfer as per the available scheme in any State who are registered under the Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

 

Case Reference: Bandhua Mukti Morcha Vs. Union of India (W.P. (C) no. 916 of 2020). In Re: Problems and Miseries of Migrant Labourers.

Date of Judgement: 29^th June, 2021.