Migration is a complex phenomenon that plays a crucial role in shaping the socio-economic landscape of a nation. Particularly relevant is the case of migrant workers in India, whose role has come into sharper focus post some recent developments. Industrial and manufacturing sectors in Tamil Nadu, for instance, are apprehensive about a possible exodus of migrant workers following alleged attacks on Hindi-speaking men. These industries heavily rely on an estimated one million migrant workers, thus highlighting the scale and importance of migration.
The Challenges Migrant Workers Encounter
Migrants often face various challenges that affect them socially and psychologically. Difficulty in assimilation and cultural adaption, language barriers, homesickness, and loneliness are commonplace. Furthermore, they are often perceived as second-class citizens, which exacerbates their struggles.
In addition, they are often excluded from political rights and social benefits due to the transient nature of their lives, making it hard to provide required documents like Voter IDs and Aadhaar cards. This exclusion limits their access to welfare schemes and policies. The marginalized sections, particularly the poor, find it harder to blend in, aggravating these issues.
Legal Framework for Migrant Labour Welfare
The Inter-State Migrant Workmen Act, 1979 serves as the backbone for the legal framework concerning migrant labour welfare in India. It necessitates establishments employing migrant workers to register and oblige contractors to secure licenses from both the home and host states. This Act merges into four broader labor codes:
1. The Code on Wages, 2018
2. The Industrial Relations Code, 2020
3. The Code on Social Security, 2020
4. The Occupational Safety, Health and Working Conditions Code, 2020
Nevertheless, the implementation process lags as the states are yet to finalize their rules under these codes.
Issues with the Legal Framework for Migrant Workers
The legal framework is not without its flaws. The Inter-State Migrant Workmen Act, 1979 has not seen comprehensive implementation across all states. Startups and the informal sector do not feature specific provisions for social security coverage. Employees in small startups or Micro, Small and Medium Enterprises (MSMEs), as well as migrant workers and self-employed individuals, remain uncovered under social security benefits.
Government Actions Towards Migrant Welfare
Steps taken by the government can be divided into two categories: those taken by the central government and those initiated by state governments.
The Central Government has approved the continuation of seven existing sub-schemes under the “Relief and Rehabilitation of Migrants and Repatriates” scheme. NITI Aayog has prepared a draft National Migrant Labour policy in collaboration with a working subgroup of officials and members of civil society. Projects like One Nation One Ration Card (ONORC) and Affordable Rental Housing Complexes (ARHC) have been ramped up.
At the state level, initiatives differ. In 2012, Odisha and Andhra Pradesh signed an MoU to track migrating laborers. Kerala established facilitation centers to maintain data on migrant workers and aid them in solving potential problems. Jharkhand launched the Safe and Responsible Migration Initiative (SRMI) in 2021.
Future Directions
Enrolling workers in a registry alone will not suffice; they must also have access to social security benefits. Consequently, it is critical for the central government to work in conjunction with states to protect workers’ rights. Only through a combined effort can a comprehensive, effective migration-centric policy be formed.
