The global Covid-19 pandemic and consequent lockdown measures have significantly impacted the lives of migrant workers across the world. This has brought prevalent issues concerning migrant workers into sharp focus, highlighting the various challenges they face and the loopholes in the system designed to protect them. The obvious shortcomings in the Inter-State Migrant Workmen (ISMW) Act 1979, for instance, have been thrown into the limelight.
Challenges faced by Migrant Workers
Primarily, a large number of migrant workers are not handled through licensed contractors which leads to their exclusion from the benefits of the ISMW Act, 1979. As defined by the ISMW Act, an inter-State migrant worker refers to any individual recruited by or via a licenced contractor. Initially introduced after the repealment of the Orissa Dadan Labour Act, 1975, the ISMW Act extends only to establishments employing a minimum of five inter-State migrant workers. This leaves a substantial number of workers unprotected under the Act as a majority of these workers are employed in establishments with less than five migrant employees. Furthermore, the Act is not currently legally enforceable, which was further highlighted during the coronavirus outbreak as it failed to provide adequate safeguards and welfare measures for migrants.
Suggested Changes for Protection of Migrant Workers
To address these issues, several suggestions have been proposed including repealing the ISMW Act 1979 and replacing it with an updated Act, or widening the scope of the Unorganised Worker’s Social Security (UWSS) Act, 2008. This could include defining migrant workman as a subset, providing for livelihood loss contingencies, and making the act legally enforceable. Furthermore, it is advocated that the registration process be universalised and an Aadhaar-based Unique Worker’s Identification Number (UWIN) be issued for all workers.
For better safeguarding of migrants, it is also recommended that schemes like MGNREGA, Public Distribution Scheme (PDS) and Ujjwala be made more portable and extensive. Also, implementing geofencing of different benefits would allow a migrant worker to choose benefits based on their location.
Record Maintenance of Migrant Workers
Preparing a comprehensive database that contains information about migrant workers’ origin and destination, demography, employment patterns and skills, would greatly assist in skill-enhancement initiatives, provision of social security benefits, planning for mass transit of migrant labour, and setting up emergency response plans.
Empowering the Inter-State Council
Effective dealing of issues related to migrant workers also necessitates empowering the Inter-State Council, established under Article 263 of the Constitution. Since migrant worker issues have multifaceted Centre-State and inter-State dimensions, a strong body to handle these complexities is crucial.
Governmental Initiatives for Migrant Workers
Steps are taken by the Government to address migrant workers’ predicaments. The UWSS Act, 2008, has provisions for social security and welfare of unorganised workers. The Pradhan Mantri Shram Yogi Maan-dhan Yojana targets providing old-age protection for unorganised workers. Atal Pension Yojana, launched under the National Pension System (NPS), aims to secure a steady income stream after 60 for all citizens, including migrant labourers.
Moreover, The Pradhan Mantri Jeevan Jyoti Bima Yojana and Pradhan Mantri Suraksha Bima Yojana (under the Gram Swaraj Abhiyan) provide life insurance and accident insurance respectively to migrants and labourers. Lastly, the Pradhan Mantri Jan Arogya Yojana (Ayushman Bharat) aims to provide health cover to help protect migrants against financial crises arising from serious health episodes. The current plight of migrant workers underscores the importance of these initiatives and others aimed at their protection.
