Date : 27/11/2023

Relevance: – GS Paper 2 – Social Justice

Keywords: Migrant Workers, Political Rights, Cultural Hurdles, Inter-State Migrant Workmen Act 1979

Context-

In the grand narrative of a nation's progress, it is often the celebrities, politicians, and sports stars who bask in the limelight, their achievements celebrated through statues, stadium names, and hagiographies. However, amid the glittering façade, there exists an overlooked and undervalued segment of society — the migrant workers. These individuals, who toil away in building tunnels, highways, running factories, and servicing homes, remain largely anonymous, surfacing in the national consciousness only during televised tragedies. The narrative of "national greatness" attributed to the infrastructure built by migrant laborers rarely extends to policies and care for the individuals who make these monumental feats possible.

Challenges Faced by Migrant Workers

• Social and Psychological Dimensions:
  Migrant workers often grapple with the challenge of not being readily embraced by their host communities, leading them to persist as second-class citizens. The transition to a new culture introduces a myriad of obstacles, encompassing cultural adaptation hurdles, language barriers, as well as feelings of homesickness and isolation.


• Exclusion from Political Rights and Social Benefits:
  Migrant workers confront a stark reality of being deprived of various opportunities to exercise their political rights, including the fundamental right to vote. Compounding this issue is the demand for proof of address, Voter IDs, and Aadhaar cards, a process hindered by the transient nature of their lives. As a result, they find themselves excluded from accessing crucial welfare schemes and policies.


• Challenges Faced by Marginalized Sections:
  For individuals hailing from economically disadvantaged or marginalized sections, assimilation is often fraught with difficulties. The barriers to social integration further exacerbate their struggles, creating a challenging environment where those in poverty or from marginalized backgrounds find it arduous to seamlessly integrate into their new surroundings.


• Migrant workers in India face a myriad of challenges as they traverse various strands of internal migration, including long and short distances, rural to urban shifts, and circular or seasonal movements. Statistics suggest that between 35-40% of the Indian population engages in internal migration, with a significant portion moving from economically disadvantaged states to more prosperous ones in search of livelihoods. The lack of formal sector employment, hovering at around 22%, underscores the prevalence of peripatetic labor as a defining feature of Indian society.

The Seasons of Migration:

Seasons play a crucial role in the lives of migrant workers, not just in the traditional sense, but in the context of the agricultural production system. Circular migration, driven by the vagaries of agriculture, propels hundreds of millions across boundaries, marking a perpetual cycle of hope and distress. The migrant labor force, while producing visible symbols of national pride such as highways and infrastructure, paradoxically remains invisible and often criminalized, stripped of basic human dignity.

Legal Framework Governing Migrant Labor Welfare in India

The legal foundation for ensuring the welfare of migrant laborers in India is established through the Inter-State Migrant Workmen Act of 1979. This legislation mandates the registration of establishments employing migrant workers and necessitates contractors to obtain licenses from both their home and host states. However, it is noteworthy that the practical implementation of this Act has not been fully realized.

Subsequently, the Inter-State Migrant Workmen Act of 1979 has been absorbed into a more comprehensive regulatory structure consisting of four overarching labor codes:

• The Code on Wages, 2018
• The Industrial Relations Code, 2020
• The Code on Social Security, 2020
• The Occupational Safety, Health and Working Conditions Code, 2020

These codes collectively contribute to shaping and regulating the legal landscape concerning labor welfare, including provisions specifically addressing the rights and well-being of migrant workers in the country.

Policy Gaps and Abstractions:

Despite the immense contribution of migrant workers to the nation's development, the existing legal framework lacks comprehensive protections for this demographic. The Interstate Migrant Workmen Act of 1979 stands as the solitary attempt to address the needs of approximately 37% of the population involved in migration. Provisions for housing, healthcare, minimum wages, and prevention of discriminatory practices exist on paper but often remain elusive, mirroring the elusive reality faced by the migrant worker.

Challenges in the Legal Framework for Migrant Workers

The effective implementation of the Inter-State Migrant Workmen Act, 1979, remains incomplete across various states, leading to gaps in safeguarding the rights and welfare of migrant workers.

Small startups and the informal sector find themselves excluded from the umbrella of social security coverage. Notably, there is a lack of specific provisions within the legal framework addressing the social security concerns of employees in small startups, Micro, Small and Medium Enterprises (MSMEs), or workers in establishments with fewer than 300 employees.

Social security benefits are not extended to a range of vulnerable groups, including migrant workers, self-employed individuals, home-based workers, and other marginalized segments in rural areas. This exclusion leaves these populations without essential social security protections, exposing them to potential exploitation and arbitrary service conditions imposed by companies.

The Urban Purgatory:

City planning, while relying heavily on the labor of migrants, tends to create hostile and discriminatory environments for these already vulnerable workers. The absence of organized healthcare, financial integration, humane accommodation, safety provisions, and childcare facilities compounds the challenges faced by migrant workers. Beyond the workplace, they endure an urban purgatory, fending for themselves with limited access to education and healthcare. The seasons of the city, rather than offering respite, often add to their misery.

The Mirage of Progress:

As the nation proudly builds "smart cities," the emphasis seems to be on technological advancements rather than thoughtful considerations for the lives of those who, out of necessity, seek sustenance in unfamiliar territories. Thoughtful cities, in contrast, prioritize the material and human dignity of those compelled to leave their homes. The dichotomy between media nationalism, celebrating workers in times of tragedy, and the need for sustained attention to their daily struggles is stark.

A Call for Comprehensive Solutions:

In the recent tragedy of the Silkyara tunnel collapse, the workers involved not only grapple with the physical wreckage but also find themselves enveloped in the hype of representing national diversity and unity. What is urgently required is a shift from media sensationalism to sustained policymaking that addresses the intricate and challenging lives of mobile labor. The true measure of national greatness lies not only in monumental achievements but in the formulation of measures that mitigate the impact of tragedies on the lives of the invisible backbone of the nation.

Conclusion

Migrant workers, often relegated to the peripheries of national consciousness, deserve more than fleeting attention during crises. The narrative of progress should extend beyond the products of their labor to encompass comprehensive policies that acknowledge and address their unique needs. Only by building thoughtful cities and implementing humane measures can a nation truly embody greatness — not just in monuments and infrastructure but in the lives of those who tirelessly contribute to its development.

Source- The Indian Express