TABLE OF CONTENT

Introduction
Nationwide Lockdown & Unfortunate Incidents Reported During Lockdown
in India
 Police Brutality on Migrant Workers in India
 Government Failure during Lockdown
 Supreme Court of India on Migrants’ issues
 Labour Law Violations of the Migrants
 International Labour Organisation and India
 Constitutional Rights
Conclusion
VIOLATION OF HUMAN RIGHTS OF MIGRANTS WORKERS DURING
COVID-19 PANDEMIC IN INDIA

“Labour is invaluable, not gold.” -Mahatma Gandhi

INTRODUCTION

The problems of migrant workers became important in several developing countries of the globe.
Migration of labour started in india from the period of British colonial rule. The National
Commission on Rural Labour in India (NCRL,1991) estimates over ten million circular migrants
in the rural areas alone. These include an estimated 4.5 million interstate migrants and 6 million
intra-state migrants in India.

Migrant workers are those workers, who migrate from one area to a {different} area inside the
state or country so as to induce seasonal or temporary or half time add different sectors. Migrant
workers, who aren't organized under any trade unions and their labour standards, aren't protected
by the govt. yet as trade unions, these migrant staff are illiterate, ignorant, and belong to
backward community. they do not get minimum wages stipulated according to the the Minimum
Wages Act.

One of the explanations behind the Human Rights Violation of State Migrants workers in India
are political and economic. State Migrants are outsiders in other State, they do not vote and
therefore cannot place governments beneath electoral pressure.
 NATIONWIDE LOCKDOWN & UNFORTUNATE INCIDENTS
REPORTED DURING LOCKDOWN IN INDIA

India had begun a 21-day nationwide lockdown the biggest in the world, in a desperate bid to
stop the coronavirus from spreading out of control in this densely populated nation of 1.3
billion people. There were more than 700 confirmed cases in India at that time, a number
that is rising rapidly. Nonessential businesses are shut, state borders are closed to regular
traffic, and people have been asked to stay in their homes except to buy food or medicine.

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On 30 January 2020, the first Covid-19 virus case was detected in India. The number of
cases kept rising through March. On 24th March 2020, the Government of India ordered a
nationwide lockdown in India- starting midnight (just four hours of notice).

The sudden shutdown of businesses has upended the lives of millions of migrant laborers in
Indian cities. Lockdown in India has impacted millions of migrant’s workers. Lack of food and
basic amenities, loss of employment xand lack of social support were major reasons for
struggle in this huge part of population. Thousands of migrants have protested across the
country, for reasons ranging from demanding transport back home, quality of food served, not
being allowed to cross the border, and against government directives preventing them to walk
home.

According to the last census report 2011 census, 40 million migrant workers in India. Uttar
Pradesh and Bihar are the two most important states where share of total out migration is
highest (Uttar Pradesh 23 percentage and Bihar 13 percentage).

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Due to the lockdown, more than 300 deaths were reported till 5 May 2020, with reasons
ranging from starvation, suicides, exhaustion, road and rail accidents, police brutality and
denial of timely medical care. Among the reported deaths, most were among the marginalized
migrants and labourers.
The incidents and reports will be covered further in the research paper.
 POLICE BRUTALITY ON MIGRANT WORKERS IN INDIA
There's a lot of things that need to change. One specifically? Police brutality.
- Colin Kaepernic

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On 26 March 2020, Uttar Pradesh one such viral video, shows a group of young migrant
workers forced to hop down a main road with bags strapped to their backs, who were trying to
return home amid the lockdown. They were caught by the cops, who refused to listen to their
pleas, and humiliated by being made to hop and crawl in this heat. Later, Thousands of
migrants in Delhi, including whole families, packed their pots, pans and blankets into
rucksacks, some balancing children on their shoulders as they walked along interstate
highways. Some planned to walk hundreds of miles. But as they reached the Delhi border,
many were beaten back by the police.

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On 11 May 2020, a few migrant workers were beaten and kicked by Bengaluru Police
personnel, at the KG Halli Police Station who (Karnataka State) requested the police to make
arrangements for their return to home at Uttar Pradesh State.

It was also seen that the State Police (Haryana State) cane-charged migrant workers who were
trying to move towards the border of Uttar Pradesh some 20 km from there. The Migrant
workers were seen running back to the shelter. Many of them left their luggage and cycles at
the place and ran away. Migrants were warned not to move towards home in Uttar Pradesh
State. Uttar Pradesh State has banned the entry of migrants on foot.

During the lockdown mostly Police have targeted daily wage workers, such as vegetable and
fruit vendors, milk sellers, auto rickshaw and taxi drivers, and others delivering essential
goods.

GOVERNMENT FAILURE DURING LOCKDOWN

“Injustice anywhere is a threat to justice everywhere”-Dr. Martin Luther King, Jr

On 29th March 2020, the government ordered the closing of borders on to stop migrant
workers who have been marching on foot around 62 Miles to reach their villages. Authorities
also announced steps to provide food, shelter and wages to them, looking to ease their hardship
in the wake of the 21-day nationwide lockdown.Later, government ordered migrant workers
would be permissible to travel only after they had been screened and found asymptomatic.

Migrants trains (Shramik special trains) had lost their way and reached somewhere else rather
than their destination. and around 80 people who lost their lives on Migrants/Shramik Special
trains died of unknown causes, data from the Railway Protection Force of India revealed.

The result is an unprecedented humanitarian disaster that millions of poor migrants are
walking, cycling, dangerously hitchhiking home, sometimes over distances of more than 1200
Miles, often on empty stomachs.

It was very unfortunate that many State Governments in India took fare from migrant
labourers while sending them home in trains and buses.

SUPREME COURT OF INDIA ON MIGRANTS ISSUES

As Justice Khanna had appropriately remarked “Experience should teach us to be most on

our guard to protect liberty when the Government’s purposes are beneficent… the greatest
danger to liberty lies in insidious encroachment by men of zeal, well-meaning but lacking in
due deference for the rule of law.”

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On 1 April 2020, In a petition seeking payment of minimum wages to the migrant workers
for the duration of the lockdown, the Supreme Court asked, “Why wages are required when
meals are being provided by the government?” Later Supreme Court of India also rejected a
PIL to direct the District magistrates to identify and provide free relief and transport to the
migrant workers, stating that it was the responsibility of the state governments. Speaking about
the workers killed sleeping on the Aurangabad railway tracks, the Court stated that it could not
have been prevented.
 th
On 26 May 2020, the Supreme Court of India admitted that the problems of the migrants had
still not been solved and that there had been "inadequacies and certain lapses" on the part of
the governments. It thus ordered the Centre and States to provide free food, shelter and
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transport to stranded migrant workers. Later on 28 May 2020, the Supreme Court on directed
states to bear the cost of bus and train fares being charged from the migrants who are heading
home due to loss of employment during the nationwide lockdown.

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On 9 June 2020 the Supreme Court India to ensure the return of all migrant workers stranded
by the post-coronavirus lockdown to their home states within a fortnight and to inform the
within the same deadline (July 8, the next date of hearing) about welfare programmes,
including job opportunities, they plan to offer the returnees. They also directed the Centre and
the States to withdraw any complaint or prosecution lodged against migrant labourers who had
set out on foot from big cities for their native villages to escape starvation, unemployment and
disease during the pandemic.

Since from last three decades, the Supreme Court of India has repeatedly stated that “the right
to life does not merely include an ‘animal existence’, but a life with dignity.” Unfortunately,
when the time comes to give those declarations meaning, the Court asks why wages are
necessary if food is being provided.

The Indian Judiciary has also not protected itself in glory by failing in its duty to protect the
rights and dignity of migrant labour citing the ground of non-interference in policy.

LABOUR LAW VIOLATION OF MIGRANTS

To deal with Covid-19 crisis, many States in India have increased working hours of labourers
even without overtime payments. Rajasthan, Madhya Pradesh, Uttar Pradesh, Gujarat,
Maharashtra, Odisha, Punjab and also Goa have changed their labour laws by amending
provisions or suspending some others.

Against the International Labour Organisation (ILO) convention on hours of work to which
India is a signatory. Rajasthan, Gujarat, Himachal Pradesh and Uttar Pradesh can force the
labourers to work 72 hours a week, an increase of 24 hours from the earlier stipulated 48
hours. In other words, each labourers can be forced to work up to 12 hours a day on six
working days of a week now, from an earlier schedule of eight hours a day, violates the
International Labour Organisation (ILO) convention Law.

INTERNATIONAL LABOUR ORGANIZATION & INDIA

After independence, India has been adopted various labour policies in order to improve
working conditions of workers. Migrant workers and workers in the unorganized sector are
struggling for their labour rights and to implement the provisions of various labour laws as per
International labour 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 six out of the eight-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 two 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 main reason for non-ratification of ILO conventions No.87 & 98 is due to certain
restrictions imposed on the government servants. The ratification of these conventions would
involve granting of certain rights that are prohibited under the statutory rules, for the
government employees, namely, the right to strike, to openly criticize government policies,
to freely accept a financial contribution, to freely join foreign organizations etc.

CONSTITUTIONAL RIGHTS

The Constitution of India from, Articles 14-16, 19(1)(c), 23-24, 38, and 41- 43A directly
concern labour rights.

 Article 14 states everyone should be equal before the law.

 Article 15 specifically says the state should not discriminate against citizens.

 Article 16 extends a right of "equality of opportunity" for employment or appointment

under the state.

 Article 19(1)(c) gives everyone a specific right "to form associations or unions".

 Article 23 prohibits all trafficking and forced labour

 Article 24 prohibits child labour under 14 years old in a factory, mine or "any other
hazardous employment".

 Article 38(1) says that in general the state should "strive to promote the welfare of the
people" with a "social order in which justice, social, economic and political, shall
inform all the institutions of national life. In article 38(2) it goes on to say the state
should "minimize the inequalities in income" and based on all other statuses.

 Article 39 (d) Constitution of India proclaims 'equal pay for equal work for both men
and women' as a Directive Principle of State Policy. 'Equal pay for equal work for both
 men and women' means equal pay for equal work for everyone and as between the
sexes.

 Article 41 creates a "right to work", which the National Rural Employment Guarantee
Act 2005 attempts to put into practice. Article 42 requires the state to "make provision
for securing just and human conditions of work and for maternity relief".

 Article 43 says workers should have the right to a living wage and "conditions of work
ensuring a decent standard of life". Article 43A, inserted by the Forty-second
Amendment of the Constitution of India in 1976, creates a constitutional right to
codetermination by requiring the state to legislate to "secure the participation of
workers in the management of undertakings".
 CONCLUSION
“The saving of labour of the individual should be the object and honest humanitarian
considerations, and not greed, the motive”. – Mahatma Gandhi

Today, the important issue is how to save the human rights & dignity of migrant workers
(unorganized sector) of India, in agriculture, road construction, brick kilns, the beedi worker
(tobacco flake cigar), the hand loom weaver, sugar factories, sugar cane cutters, transporters,
sugarcane harvesting seasonal migrant workers for whom dignified livelihood is a very distant
goal.

Some challenge faced by the migrant’s workers in India are struggling with low wages,
physical, sexual & mental exploitation with safety and security.

The Government of India should ratify all the relevant international covenants that respect the
dignity of labour, especially important ILO Conventions No.87.the freedom of association and
protection of the right to organize convention, and the ILO convention 98, the right to organize
and 16 collective bargaining convention.

Uniform labour standards in the context of unorganized sector workers, like migrant workers,
should be implemented in rural and urban areas of India. It is necessary to protect migrant and
other workers in the unorganized sector by International labour standards and also need to
have a separate ministry for migrant affairs, dealing with domestic migrants of India.

Promote NGO initiatives and the formation of migrant worker groups to build an active
movement for effective awareness raising, networking, advocacy and lobbying in order to
prevent abuse and exploitation against migrant workers.

In the era of globalization, it is necessary to argue important aspects of labour standards and
labour rights (Migrants Rights) and aim of achieving a system where there are no barriers to
the smooth process of the Rule of Law.