Recently, the NITI Aayog, in collaboration with a working subgroup consisting of officials and members of civil society, has put together a draft of the National Migrant Labour policy. This decision comes after the government’s move in December 2020 to create a database for migrant labourers, which also includes workers from the informal sector.
Understanding Migration
Migration refers to the movement of people from their usual place of residence to another location which can either be within the country (internal) or across countries (international). The latest data obtained from the 2011 Census highlighted that India had approximately 45.6 crores of migrants in 2011, making up 38% of the country’s population – an increase from 31.5 crores in 2001, which was 31% of the population.
Current Issues Associated with Migrants
There are several issues currently being faced by migrants. These include the Inter-State Migrant Workers Act of 1979 excluding independent migrants, the lack of Community Building Organisations (CBOs) and administrative staff in source states hindering accessibility to development programs, little engagement from state labour departments in migration-related issues, and difficulties arising due to middlemen thriving on these conditions and entrapping migrants.
NITI Aayog’s Draft Approach
NITI Aayog’s draft outlines two approaches to policy design: focusing on cash transfers, special quotas, and reservations, and enhancing the agency and capability of the community, thereby removing aspects that hinder an individual’s natural ability to thrive.
Draft Recommendations
Several recommendations have been proposed in the draft. Firstly, migration should be seen as an integral part of development and governmental policies should facilitate it rather than hinder it. The draft also recommends that source states increase the minimum wages, thereby bringing about a major shift in the local livelihood of tribals and potentially curbing migration to some extent. Furthermore, it proposes a central database to bridge the gap between supply and demand while ensuring maximum benefits from social welfare schemes.
Creating Migration Resource Centres
The draft encourages the Ministries of Panchayati Raj, Rural Development, and Housing and Urban Affairs to use Tribal Affairs migration data to create migration resource centres in areas with high migration. Moreover, the Ministry of Skill Development and Entrepreneurship should focus on skill upliftment at these centres.
Focus on Education and Shelter Accommodation
Under the Right to Education Act 2009, the Ministry of Education should make provisions for mainstreaming migrant children’s education, provide teachers who speak the local language at migrant destinations and map migrant children. Additionally, the Ministry of Housing and Urban Affairs is urged to provide migrants in cities with night shelters, short-stay homes, and seasonal accommodation.
Grievance Handling Cells
Setting up grievance handling cells and fast-track legal responses for issues such as trafficking, minimum wage violations, workplace abuses, and accidents is one of the key recommendations for the National Legal Services Authority (NALSA) and the Ministry of Labour.
Previous Recommendations and Way Ahead
In 2017, the Ministry of Housing and Urban Poverty Alleviation had recommended the creation of a comprehensive law providing a legal base for migrant workers’ social protection. This initiative aligns with the recommendations made in a 2007 report by the National Commission for Enterprises in the Unorganised Sector under the Ministry of Micro, Small and Medium Enterprises.
It’s crucial for us to follow a rights-based approach to welfare and social security for workers. The government has already started working on ensuring the portability of welfare schemes, especially access to the public distribution system beyond state borders. The draft by NITI Aayog serves as a reminder to reimagine labour-capital relations while integrating migrant workers within the formal workforce. This is a necessary step towards building a compassionate society and a competitive economy.