Migrant workers play an essential, though often invisible role in the Indian economy, with millions of them working in various sectors including construction, agriculture, and manufacturing. Migrating from their home states in search of better opportunities and livelihoods, they leave behind their families and all that is familiar to them. Unfortunately, these workers are often subjected to various forms of exploitation and abuse, including low wages, poor working conditions, and lack of access to basic amenities. This blog aims to examine the state of migrant workers’ rights in India and suggests measures to ensure that they receive fair treatment and protection.

Migrant workers in India are typically employed in the informal sector, marked by having no proper documentation, little to no job security, low pay, and unlawful deductions in wages. They work in hazardous and unhygienic environments, and are often exposed to health and safety risks. The industries that employ them are often not regulated, leaving them vulnerable to exploitation by unscrupulous employers. Migrant workers are also known to be discriminated by employers and co-workers based on their language, religion, and caste. A majority of workers also do not have access to social security benefits such as healthcare, insurance, and pension, which leaves them without any safety net in case of illness or injury.

The challenges faced by migrant workers can broadly be categorised as stemming from both a lack of legal protection, and poor awareness of laws that are complicated and ill-defined, making it difficult for them to claim their rights and access entitlements.

The Migrant Worker Crisis: 3 Years On

The COVID-19 pandemic has highlighted the vulnerabilities of migrant workers in India. During the nationwide lockdown beginning in March 2020, millions of workers were stranded in cities far away from their homes without access to basic amenities such as food and shelter. Many were forced to walk hundreds of kilometres to reach their homes. The pandemic has also exposed the inadequacies of the government’s social security schemes, which failed to provide relief to the affected workers. Further, no data was maintained at the central and state levels to account for how many migrant workers make-up the workforce in the unorganized sector and were affected by the pandemic.

To address the challenges faced by migrant workers, the Indian government has introduced various measures in recent years. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (“ISMW Act”) provides for the regulation of employment of inter-state migrant workers and their working conditions. It mandates that employers provide their workers with a written contract that outlines the terms and conditions of their employment. It also requires employers to provide workers with accommodation, medical facilities, and other basic amenities.

In addition to the ISMW Act, the government has also introduced several schemes to safeguard their rights. The Pradhan Mantri Shram Yogi Maan-Dhan Yojana, a scheme launched in 2019, aims to provide social security in the form of a monthly pension of ₹3,000/- to workers in the unorganized sector who contribute to it. The ‘One Nation One Ration Card’ scheme was launched in 2020 to ensure that migrant workers can access subsidized food grains from the Public Distribution System from any part of the country. Under this scheme, ration cards are made portable, and the beneficiaries can access their ration entitlements from any Fair Price Shop across the country. The Atma Nirbhar Bharat Rozgar Yojana was also introduced in 2020 to incentivize employers to recruit new employees, including migrant workers, who lost their jobs due to the COVID-19 pandemic. The government provides subsidies to employers in the form of contributions to the Employees’ Provident Fund for the first two years of employment. Further, under the Rashtriya Swasthya Bima Yojana, workers in the unorganized sector are provided with health insurance coverage up to ₹30,000/- per annum for a family of five. The launching of the e-shram portal by the Government of India in August 2021 was a welcome move towards building a comprehensive database of unorganized workers in the country. The portal aims to streamline the process of registration, tracking, and welfare delivery for unorganized workers. As of April 2023, 28 crore e-shram cards have been issued by the government.

Despite these measures, the implementation of laws and policies remains a challenge. The government’s efforts to regulate the employment of migrant workers have been hampered by the lack of political will and inadequate enforcement mechanisms. The majority of migrant workers are employed in the informal sector, making it difficult for the government to monitor their working conditions and wages.

Suggested Measures

The Migration and Asylum Project (“MAP”) has been working on the legal protection needs of migrant workers since 2021. Working closely with them in this past one and a half years, we have observed that to secure their legal protection needs at a larger level, several steps need to be taken at the grassroots level.

It is important to legally empower workers by making them cognizant about their rights, labour laws, and legal recourse available to them in case of violation. This can be achieved by conducting community trainings and awareness drives. It is also imperative to train them in adopting some good labour practices such as maintaining an attendance and wage log, noting down the contact details of their employers and contractors, and taking photos of their work to act as proof in a court of law, among others.

It is equally important to provide effective legal aid to workers to meet the gaps in their legal protections. Effective legal aid constitutes setting-up community legal aid desks, providing sound legal counselling, and efficient dispute resolution support. MAP has identified many migrant settlements across Delhi NCR including Madanpur Khadar, Vikaspuri, Bhajanpura, and Taimoor Nagar, among others, where it conducts community legal aid desks every month, providing assistance on diverse legal matters including recovery of wages, working conditions, minimum wages, ESI, gratuity, etc. as well as on entitlements issues such as registering for labour card, e-shram card, Aadhaar card, caste certificate, etc. It also runs a 24x7 helpline for workers to call on.

It is essential for civil society organizations, trade unions, and other stakeholders to work together to protect the rights of migrant workers. Through collective action, advocacy, and burden-sharing, a large number of workers can be reached and helped in living a just, meaningful, and dignified life. MAP has built a steadfast network of over 150 para-legal volunteers and community focal points, including people from the medical profession, law students, teachers, retired officials, various NGOs, health workers, community leaders and volunteers, etc. who act as grassroots advocates and are crucial in providing direct assistance to the communities. It regularly organizes legal trainings for its volunteers to expand their knowledge on practical aspects of labour laws and community interventions. It also engages with civil society organizations, law schools, and other institutions on labour welfare and explores avenues for potential collaboration to utilize each other’s resources and expertise to the fullest to help migrant workers holistically.

There is a need to address the root causes of migration, such as poverty, unemployment, lack of education, lack of healthcare, and bad conditions for agriculture due to famines and disasters, where NGOs and government can take concerted steps. The government can also provide skill development trainings to migrant workers to enable them to acquire new skills and improve their employability. This can be obtained through the implementation of schemes like the Pradhan Mantri Kaushal Vikas Yojana. Moreover, the government can ensure that migrant workers have access to justice by setting-up fast-track courts to hear cases related to the violation of their rights. To help them navigate the legal system, free legal aid should be provided to the workers who cannot afford it.

The protection of migrant workers’ rights is a fundamental issue that requires immediate attention and action from all stakeholders, so that they can be treated with dignity and respect and have access to basic rights and social security benefits that they are entitled to.