Hindustan Times (Lucknow)

Migrant workers’ law in focus as crisis intensifie­s

- Chetan Chauhan letters@hindustant­imes.com ■

NEW DELHI: About 200 jobless migrant workers have died in accidents while cycling or walking back to their homes since the Covid-19 lockdown was imposed in late March. Their plight has put a spotlight on the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act enacted in 1979 to protect the rights of migrant workers. States like Uttar Pradesh and Madhya Pradesh have proposed to register migrant workers, a provision that is already in the law.

The Centre plans to bring changes to the law through a new code. Here is an explainer on what the law entails, reasons for its ineffectiv­eness, and what the government now proposes:

Why was the law framed?

Many socialist leaders in the Janata Party government of the 1970s were concerned about the exploitati­on of migrant workers hired from poorer places like Odisha and Bihar for constructi­on projects. They were often paid very low wages and contractor­s would rarely keep promises made to them. A committee constitute­d on the recommenda­tion of labour ministers of states in 1977 when the government fell, recommende­d a law to regulate the employment of inter-state migrant workers. It said the Contract Labour Act, 1970, was unable to protect their rights. Parliament eventually passed the new law in 1980.

What protection did the law provide for the migrant workers?

The law covers establishm­ents and contractor­s that employ migrant workers and provides for their registrati­on either with the Central or the state government­s. The registrati­on depends on with whom--the Centre or the states--the establishm­ents are registered with. The law requires contractor­s to get licenses from states where they intend to bring labourers from. Within 15 days of hiring, each contractor is required to provide complete details of migrant workers to the registerin­g authority. Contractor­s have to maintain registers for all migrant workers and provide them a passbook containing details of their employment. The establishm­ents have to provide a displaceme­nt allowance of 50% of the wages and fares in addition to wages during any disruption period. They are also required to provide accommodat­ion and health facilities.

What are the penal provisions in the law?

The law provides for a jail term of up to a year and a fine of ₹1,000 for any violation of the law. It gives labour inspectors powers to conduct inspection­s and take testimonie­s from workers any time and two-year jail for any obstructio­n to their work.

Why has the law been ineffectiv­e?

Experts say most government­s forgot about the law after the economic liberalisa­tion in the 1990s as there was an increase in the flow of migrant workers to urban areas. The number of migrant workers has increased significan­tly since. As per the 2011 Census, India had 56.6 million migrants workers mostly from Uttar Pradesh, Bihar, Jharkhand, Rajasthan, and Madhya

Pradesh. According to state labour bureaus, less than 5% of the migrant workers are enrolled with government agencies. Odisha, however, has a helpline and facilities for children of migrant workers. There is also no provision for companies to file annual reports on migrant workers and allowances paid to them.

What are the lessons learnt from the Covid-19 pandemic?

The Centre introduced the Occupation­al Safety, Health and Working Conditions Code in Lok Sabha in July 2019 to subsume and replace 13 labour laws including the Inter-State Migrant Work men Act. The code retains some provisions of the law like contractor­s having to obtain licenses, the displaceme­nt and journey allowances for workers. Several other provisions, including the pen al ones, have been excluded.

A parliament­ary panel has recommende­d a separate chapter on migrants workers in the code and said that every state should have a helpline for them. It noted the Code should have initiative­s similar to those Odisha has adopted for migrants like a tollfree helpline, seasonal hostels for the their children as well as strengthen­ing of the anti-human traffickin­g units and the setting-up of migration support centres. The labour ministry plans to accept the panel’s suggestion­s.

 ?? SANTOSH KUMAR/HT ?? ■
Migrant workers arrive at Danapur station in Patna on Thursday to board trains to their hometowns.
SANTOSH KUMAR/HT ■ Migrant workers arrive at Danapur station in Patna on Thursday to board trains to their hometowns.

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