Human Rights Violation of Migrant Workers
*by Aditi Dhamdhere, 5th Year Student at Modern Law College, Pune University
“Labour is priceless, not gold.” –Mahatma Gandhi
“No work is insignificant. All work that elevates mankind has dignity and importance and must be undertaken with painstaking excellence.”–Dr. Martin Luther King Jr.
Today, the important issue is how to save the human rights & dignity of poor migrant workers. The issues of migrant workers have gotten significant in many developing nations of the world. Relocation of work began in India during the time of British pilgrim rule. The National Commission on Rural Labor in India (NCRL, 1991) appraises over 10 million round migrant workers in the country regions alone. These incorporate an expected 4.5 million interstate migrant workers and 6 million between state migrant workers in India.
Keywords– COVID-19, Lockdown, migrant workers, Police Brutality, Government of India, Violations, Rule of Law
One of the reasons behind the Human Rights Violation of State Migrants laborers in India is political and financial. State Migrants are outcasts in other States; they don’t cast a ballot and along these lines can’t put governments under electoral pressure. On 24th March 2020, the Government of India requested a cross country lockdown at India-beginning midnight to prevent the Corona infection from spreading in the Country. Lockdown in India has affected a great many migrant workers. The absence of food and fundamental luxuries, loss of business, the dread of obscure, and absence of social help were significant explanations behind battle in this tremendous piece of the population. Because of the lock-down, over 300 deaths were reported, with reasons going from starvation, suicides, fatigue, street and rail mishaps, police severity, and denial of timely medical care. 80 migrants died while going back home on the Shramik Special trains. A few episodes, viral recordings of police trouble making, severity (beating with stick charged) on migrant workers, have been accounted for from across the country. The Indian Judiciary has additionally not ensured itself in wonder by failing in its obligation to secure the rights and nobility of migrant laborers referring to the ground of non-obstruction in strategy. India is an establishing individual of the ILO and it has been a permanent member of the ILO Governing Body since 1922. India has sanctioned six out of the eight-center/major ILO conventions. India has not sanctioned the two fundamental conventions (Convention No 87, 98). It is important to keep up significant parts of work guidelines and work rights (Migrants Rights) and the point of accomplishing a framework where there are no hindrances to the smooth cycle of the Rule of Law.
As indicated by the last census report 2011 evaluation, 40 million migrant workers are there in India. Uttar Pradesh and Bihar are the two generally significant states where the share of the total out-migration is highest (Uttar Pradesh 23 % and Bihar 13 %). The abrupt closure of organizations has overturned the lives of millions of migrant laborers in Indian urban communities. Lockdown in India has affected a large number of migrant laborers. The absence of food and fundamental comforts, loss of business, the dread of obscure, and absence of social help were significant explanations behind battle in this gigantic piece of the population. A great many migrant laborers have fought the nation over, for reasons going from requesting transport back home, nature of the food served, not being permitted to cross the border, and against government mandates preventing them to walk home.
Because of the lockdown, more than 300 deaths were accounted for till 5th May 2020, with reasons going from starvation, suicides, street and rail mishaps, police ruthlessness, and denial of timely medical care. Among the reported deaths, most were among the marginalized migrants and workers. On 8th May 2020, a cargo train killed 16 migrants who had halted to lay on railroad tracks close to Aurangabad in Maharashtra. On 14 May, 8 migrant workers were slaughtered and almost 55 harmed when the truck they were in crashed into a transport close to Guna, Madhya Pradesh. On16th May 2020, 24 migrant workers were executed, a lot more were harmed when a trailer conveying migrant workers slammed into a fixed truck, likewise migrant workers of Uttar Pradesh.
The Constitution of India from, Articles 14-16, 19(1) (c), 23-24, 38, and 41-43A straightforwardly concern labor rights. Article 14 states everybody should be equivalent before the law, Article 15 explicitly says the state should not discriminate against citizens. Article 16 broadens the right of “equality of opportunity” for employment or appointment under the state. Article 19(1) (c) gives everybody a particular right “to shape affiliations or associations”. Article 23 restricts all dealing and constrained work, while Article 24 disallows youngster work less than 14 years of age in a plant, mine, or “some other dangerous business”. Article 38(1) says that by and large the state should “endeavor to advance the government assistance of the individuals” with a “social request in which equity, social, financial and political, will illuminate all the organizations regarding public life. In Article 38(2) it proceeds to state the state should “limit the disparities in the pay” and dependent on all different statutes. Article 39 (d) Constitution of India declares ‘equivalent compensation for equivalent work for the two people’ as a Directive Principle of State Policy. ‘Equivalent compensation for equivalent work for the two people’ signifies equivalent compensation for equivalent work for everybody and as between the genders. Article 41 makes an “option to work”, which the National Rural Employment Guarantee Act 2005 endeavors to try. Article 42 requires the state to “make a plan for ensuring about human conditions of work. Article 43 says laborers should reserve the option to a living compensation and “states of work guaranteeing a good norm of life”. Article 43A, embedded by the 42nd Amendment of the Constitution of India in 1976, makes a sacred right to co-assurance by requiring the state to manage to “secure the interest of workers in the organization of attempts”.
International Labour Organization & India
After independence, India has been embraced different work arrangements to improve the working states of laborers. Migrant workers and laborers in the unorganized sector are battling for their work rights and to execute the arrangements of different work laws according to international labor standards. India is a founding member of the ILO and it has been a permanent member of the ILO Governing Body since 1922. India has ratified 6 out of the 8-core/fundamental ILO conventions. These conventions are:
- Forced Labour Convention (No. 29)
- Abolition of Forced Labour Convention (No.105)
- Equal Remuneration Convention (No.100)
- Discrimination (Employment Occupation) Convention (No.111)
- Minimum Age Convention (No.138)
- Worst forms of Child Labour Convention (No.182)
India has not ratified the 2 core fundamental conventions, namely:
- Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87)
- Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
The principle purpose behind non-approval of ILO shows No.87 and 98 is because of specific limitations forced on the public authority workers. The confirmation of these shows would include conceding of specific rights that are restricted under the legal guidelines, for the public authority representatives, to be specific, the option to strike, to straightforwardly condemn government arrangements, to freely accept a financial contribution, to freely join foreign organizations, etc.
Today, the significant issue is the way to spare the basic freedoms and pride of migrant workers (unorganized sector)of India, in horticulture, street development, block ovens, the beedi specialist (tobacco drop stogie), the handloom weaver, sugar production lines, sugar stick cutters, carriers, sugarcane gathering seasonal migrant workers for whom honorable vocation is an exceptionally removed objective. Some tests looked at by the migrant workers in India are battling with low wages, physical, sexual and mental misuse with well-being and security. The Government of India ought to endorse all the significant global pledges that regard the poise of work, particularly significant ILO Conventions No.87.the opportunity of affiliation and assurance of the option to put together a show, and the ILO show 98, the right to organize, and 16 collective bargaining convention. Uniform work guidelines with regards to unorganized sector laborers, similar to migrant workers, should be executed in provincial and metropolitan zones of India. It is important to secure migrant and other workers in the unorganized sector by International work norms and need to have a different service for migrant affairs, dealing with domestic migrants of India.
Advance NGO activities and the development of migrant worker groups to assemble a functioning development for compelling mindfulness raising, systems administration, support, and campaigning to forestall misuse and abuse against migrant workers. In the period of globalization, it is important to contend significant parts of work guidelines and work rights (Migrants Rights) and point of accomplishing a framework where there are no hindrances to the smooth cycle of the Rule of Law.
“The saving of labor of the individual should be the object and honest humanitarian considerations, and not greed, the thought process”. – Mahatma Gandhi
 Chitranjali Negi, Human Rights Violations of Migrants Workers in India during Covid-19 Pandemic, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3629773
 Dheeraj Mishra, RTI Shows the Government Did Collect Data on Deaths of Migrant Workers during Lockdown, 17/SEP/2020, https://thewire.in/rights/centre-indian-railways-lockdown-deaths-migrant-workers-shramik-special-rti
 Migrant crisis: No data on deaths of workers during lockdown, 10.4 crore returned home, says Centre, Sep 14, 2020 · 07:59 pm, https://scroll.in/latest/973074/migrant-crisis-no-data-on-deaths-of-workers-during-lockdown-10-4-crore-returned-home-says-centre
 Constitution of India, article 14
 Constitution of India, article 15
 Constitution of India, article 16
 Constitution of India, article 19 (1)(c)
 Constitution of India, article 23
 Constitution of India, article 24
 Constitution of India, article 38(1)
 Constitution of India, article 38(2)
 Constitution of India, article 39 (d)
 Constitution of India, article 41
 Constitution of India, article 42
 Constitution of India, article 43
 Constitution of India, article 43 A
 India becomes chair of ILO governing body, OCTOBER 23, 2020 , https://www.thehindu.com/news/national/india-becomes-chair-of-ilo-governing-body/article32932599.ece