Inter-State migrant workers Act

Introduction

Inter-State migrant workmen means 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 an establishment^[1].

Migration of workers in India is not a new concept, but it has taken on a unique relevance for the nation and its society due to the opening up of the global market. The 1991 economic policy of India, in which India adopted Liberalization, Privatization and Globalization (LPG) gives the opportunity to the workers in rural India to work outside their native state and be a part of the foundation team of developing India.

But, is it possible that globalization and workers’ rights can co-exist?

The answer to this question is not clear-cut and depends on a number of factors. On the one hand, globalization has created new opportunities for workers, including the opportunity to work in new and different environments.

On the other hand, the increased mobility of workers has also led to the exploitation of workers in some cases, as employers seek to take advantage of workers who are unfamiliar with their rights. In order to ensure that globalization does not lead to the exploitation of workers, it is important to put in place mechanisms to protect workers’ rights.

The Inter-State Migrant workmen (Regulation of Employment and Conditions of Service) Act, 1979 came into the frame with the aim of protecting the rights of migrant workers in India. It was held in Maneka Gandhi vs. Union of India^[2]and in Francis Coralie Mullin vs. Administrator union territory of Delhi^[3] under which the scope of the Right to live was expanded and the court says that the complaint of non-obedience of the directions of the Inter-State migrant worker Act also relates to a violation of Article 21.

Coronavirus and migrant workers

16 migrant workers were killed on May 8, 2020, between Jalna and Aurangabad districts in Maharashtra when a cargo train ran over them as they attempted to walk back to Madhya Pradesh, their home State.^[4] The sudden nationwide lockdown that was imposed on March 24 in the wake of the new coronavirus outbreak has upset migrant workers across the nation.

Many people have been spotted attempting to walk from their places of employment in Rajasthan, Delhi, Maharashtra, Gujarat, and other states to their homes in Uttar Pradesh, Bihar, West Bengal, and Odisha.

Their safety and the lack of legal protection for their rights are subjects of concern. Legislation passed in 1979 to control the employment and working circumstances of interstate migrants is still remembered by many involved in the field of labour welfare, but they believe that it has not been seriously implemented, resulting in a disregard for these workers’ legal rights.

The Court stated in the case of Shashank S. Mangal & Anr. vs. Govt. of NCT of Delhi & ors. That the recent crisis involving migrant labourers that the nation has experienced demonstrates the urgent need for accurate data to be constantly available for the effective enforcement and implementation of the Act.

This is especially important in the event of a pandemic like COVID-19 or in any other type of emergency situation. Vertical integration of data collection is necessary to ensure that information on migrant workers from the Central Government and the States is gathered, cross-checked, stored, and provided immediately and without delay. Such information is crucial in order to inform any actions that can be performed in support of migratory workers.

Inter-state migrant workmen (regulation of employment and service condition) Act, 1979

It was so easy for recruiters to violate the fundamental rights of interstate migrant workers for their own gain. There was no restriction on migrant labourers’ working hours, and they were forced to work every day of the week in extremely bad working conditions.

The compact committee, which was constituted in February 1997 on the recommendation of the State Labour Ministers Conference, proposed to enact separate central legislation to govern the employment of interstate migrant workers.

After consultation with the state government and relevant ministers, the Interstate migrant workmen (Regulation of employment and conditions of service) Act, 1979 was enacted with the aim of protecting the rights of migrant workers in India.  Interstate migrant workmen Act, of 1979 is followed by every establishment which hires five or more workers from another state on any day in the preceding 12 months. Furthermore, this law is also applicable to those contractors who recruit five or more migrant workers.

The act provides for the registration of migrant workers and their employers for the regulation of their employment and working conditions. It means that employers are restricted from hiring migrant workers from another state if they don’t have a certificate of registration from an appropriate authority.

Every contractor should also have a license to recruit workers from one state and deploy them in another state. According to this act, all terms and conditions such as remuneration, working hours, and so on should be predetermined, resulting in less exploitation than before.

This Act also suggests that the earnings of interstate migrant workers shall not be less than the rates specified in the Minimum Wage Act.  Migrant workers can also claim various kinds of allowances, such as journey allowance, displacement allowance and payment of wages during the period of the journey.

As part of the current administration’s attempts to consolidate and modernize labour legislation, the Occupational Safety, Health, and Working Conditions Code, 2019, has been proposed in Parliament. The main objective of the proposed code is to merge 13 different labour laws, which also include the Interstate Workmen Act, 1979, into a single piece of legislation.

Activists are concerned that the consolidation in the new code may result in the loss of specific safeguards given to migrant workers. Many different laws regulating various kinds of workers and labourers will have to be repealed in order to merge laws relating to occupational safety, health, and working conditions.

Present challenges and improvements

It is always alleged that this act is present only on paper and we had also witnessed the complete failure of this act during lockdown due to the COVID-19 pandemic. This act completely failed in providing any kind of remedy to the migrant workers who were desperate to return back home.

The thorough implementation of this act will provide minute details to the state government about interstate migrant workers who are entering their state through contractors. This will also leave some workers who migrate on their own from one state to another, but a large section will be automatically registered owing to the guidelines of this act.

It is the need of the hour to implement this act on the ground and impose heavy penalties for those who are not following the rules and regulations of this act.

Possible improvements

As we know how workers are exploited on a daily basis, so here are some solutions which can control the power of contractors or employers to infringe on the rights of migrated workers.

Registration at the local level

Every Interstate migrant worker should be compulsorily registered in Gram Panchayat or municipality or corporation. So that they can easily get all the specific benefits granted to them.

PDS cards

Public Distribution systems, i.e., PDS cards should be given to all the interstate migrant workers so that they don’t have to pay a higher price for food grains and kerosene oil. Adhar identity cards should also be made compulsory for all interstate migrant workers.

Wages directly into the bank account

Wages and all allowances should be paid directly into their bank account rather than cash by contractors. Depositing wages in the bank account will act as proof of payment and workers can sue contractors if the payment is lower than the wages mentioned in the minimum wage act.

Opportunities at the local level

Every state government should try to create more and more employment opportunities in their own state to slow down the pace of migration.

Separate ministry

A separate ministry should be created by governments which will only deal with interstate migrant worker.

Awareness about their rights

NGOs and governments should work together and start a programme for migrant workers to make them aware of their Fundamental Rights so that they can question their employers if they ever try to exploit them.

Conclusion

The availability of low-cost, mainly unregulated labour, cannot become an economy’s competitive advantage over time. This unorganized labour force built the infrastructure that supports the Indian economy. They have given India all they have for years, labouring in horrible circumstances for little pay while maintaining prices down to keep local industries competitive and welcoming to investment for generations.

For the maintenance of their lifestyle, they offer affordable and adaptable services to wealthy and affluent urban dwellers. The Indian economy would stall if there was no workforce of migrant workers. It is time for migrant workers to get the respect and dignity they are due, and for laws enacted to ensure their well-being to be carried out in letter and spirit.

References:

^[1] Section 2(e) of Inter-State workman Act, 1979

^[2] Maneka Gandhi v. union of India 1978 AIR 597, 1978 SCR (2) 621

^[3] Francis Coralie Mullin vs. Administrator union territory of Delhi 1981 AIR 746, 1981 SCR (2) 516

^[4]K. Venkataramanan,Coronavirus lockdown | How can inter-State workers be protected?, The Hindu (10 May 2020) Read more at: https://www.thehindu.com/news/national/coronavirus-lockdown-how-can-inter-state-workers-be-protected/article31546299.ece

This article has been authored by Siddharth Srivastav, a student at Bharati Vidyapeeth, New Law College, Pune.