ABSTRACT
“The rich will get all the help, getting rescued and brought homes in planes from abroad. But we poor migrant laborers have been left to fend for ourselves and that is the worth of our lives.” – A weeping poor migrant worker. India’s all attempts to combat the pandemic was derailed when the announcement of national lockdown resulted in the mass movement of migrant workers towards their hometown and many of them got died and got badly injured during this situation. As the result of the lockdown the migrant workers was not able to gets jobs due to which they was poverty stricken which further resulted in food shortages and these movements. The process of convincing labour to stay where they were has not resulted in success. Unfortunately, government intervenes in this mater late and it was also accepted by many that the workers could have been better treated than this. Judiciary has a very crucial constitutional role to play during this pandemic but failed as they clear their role by blaming the state and central government only. The Covid-19 crisis was more than just a humanitarian crisis for the migrant workers who are an important part of economic activity. This article will discuss about the situation of migrant workers during that pandemic and how the government and judiciary has dealt with this problem.
INTRODUCTION
Indian migrant workers have to go through various hardships and crisis during this COVID-19 pandemic. India’s internal migrant workers were left stranded in cities after the sudden announcement of lockdown in the country because of the coronavirus. As the lockdown was imposed in the country, all the factories and workplaces were shut down because of which the migrant workers have to deal with the crisis which results in the loss of income, food shortage, uncertainty of their future and some are died and hence it swallowed the number of homeless people in the country. With no homes and food, workers along with their families have to walk miles away from their workplace back to their homes with no means of transport due to lockdown but later on it is arranged by the governmental authorities.
According to the estimates of World Economic Forum, there are about 139 million migrant workers across India and the International Labor Organization (ILO), has make prediction that almost 400 million of migrant workers poverty- stricken due to this pandemic. Majority of the migrant workers working in Mumbai and Delhi in industries of manufacturing and construction were from Uttar Pradesh, Bihar, Madhya Pradesh and Rajasthan after the lockdown they lost their jobs and their survival in these densely populated cities become difficult additionally they have no savings and have also not registered themselves under the Inter-State Migrant Workers Act, 1979.
FOOD SHORTAGE & EXODUS OF MIGRANT WORKERS
In India, like other countries, while having lockdown still is ensuring the enough food supplies to the poor and marginalized peoples of the country. According to the government reports, FCI godowns have enough stock of food to feed poor for one and a half year and is expected to benefit eight crore workers by providing free food through PDS to workers. Also the schemes called “One Nation, One Ration” have a significant impact which will ensure the free access of PDS benefits from any Fair Price Shop in the country to the workers and their families but this scheme is implemented in very few states and very few people are aware about this scheme. Additionally, for availing these benefits the biometric details are required which is not possible to obtain now due to of coronavirus.
With no work and no home, migrant workers have to come on the roads and travel on foot to reach to their home. During this course, many workers and their families died of exhaustion and starvation. On 31 March, 120 migrant workers in Gujarat travelling was beaten up by the police and forcefully carried up in a single lorry and dropped in Maharashtra, instead of being wounded. Many similar instances happened with workers who were travelling back to their homes believing that rather than starving because of no work, dying from the virus at their own village is better.
GOVERNMENT RESPONSE
Directives- On 27 March, the Home Minister ordered the states to ensure the use NDRF fund for providing food and shelter to them also the landlords will not demand rent during this period and will not ask labourers or students to vacate the premises under Disaster Management Act. Also the central government ordered to transfer the sum of amount 2,000 rupees per family from the PM-KISAN scheme. However, government withdrawn orders regarding compulsory payment of wages. Government also brought wage related changes under MNREGA according to which wages will increase to Rs 202 per person per day from Rs 182.
Relief Camps- As per 2011 Census, India has more than 45 million economic migrants who are homeless and after lockdown, more than 21,000 camps have been set up to house over 6,60,000 migrants. On an average 31 persons have been lodged at each camp. Various food camps were arranged by the government and NGOs in sates/UTs which are 9,951 and 9,509 respectively.
Transport Arrangements- Initially, there was no transport facilities but on 1st May “Shramik Special” trains were permitted for migrant workers and other stranded, but with additional charges. Also the problem lies, when most of the workers are unable to register themselves to the portal, either because of the local language problem or lack of information. Also trains are not properly sanitized and food shortage is also there.
Labour Laws- UP, MP and Gujarat government suspend the application of labour laws for next three years including Minimum Wages Act, Industrial Disputes Act, Factories Act, Shops and Commercial Establishments Act etc. The withdrawal of all labour laws will not only strip the labour of its basic rights but also drive down wages. These changes arise the challenges for both labour and firms.
JUDICIAL RESPONSE
The massive migration of millions of workers by early May was the result of SC’s failure to intervene in this matter but later on agreed to hear petition on behalf of workers on May 30. In this, court ordered government to get the data of actual number of migrant workers, tap their movement and stop them. After that government agreed to move them through buses and trains (Shramik Special). On May 15, the court rejected the PIL requesting all district magistrates regarding the provision of providing free relief and food, stating that it was responsibility of the state government. On 21 April, a plea requesting payment of minimum wages to the workers was rejected on the grounds that government is already providing free meals to them. Talking about Aurangabad accident where sleeping migrants on railway tracks was killed, court state that it could not have been prevented. The order of SC on 31st March expressed that the steps taken by the Union of India to combat the situation is satisfactory and proceeded to observe “migrant workers got trapped into the fake news of extending of lockdown for next 3 months”. As a consequence of non interference of court timely, even though initially there were few cases of coronavirus but still workers was unable to proceed to their hometown. Under Article 142, the court has empowered to undertake any measures to do complete justice but this kind of helplessness does no justice to the motto of this court “Yato dharmastato jaya”.
DEATHS
There was numerous death case reported during lockdown from which the majority was of migrant who was travelling back to their homes on foot. Till May, 300 deaths was reported due to starvation, exhaustion, road accidents, railway accidents etc. The death count increased even after the launch of “Shramik special” trains which was above 80 due to lack of responsibility among official authorities, major was from states like Maharashtra, UP & MP.
CONCLUSION
Some major and significant contributions made by the migrant workers for their communities has always remain unrecognized….” – Guy Ryder, ILO Director-General. The lockdown had been “almost a death sentence” for the underprivileged members of the society. Migrants have protested across the country for reasons ranging from demanding to go back to home, quality of food served, not allowing to cross boarders and against government authorities but the results was that they were beaten up by the police authorities, some died and few got badly injured. Further, the exemption of labour laws has been proven against the workers only. Many unions have been formed for protesting the vulnerable situation of workers .Many unions have wrote to ILO regarding this situation and they have showed the deep concern regarding this and also addressed PM Modi to take required steps. NITI Aayog CEO, Amitabh Kant, admitted that workers could have been better taken care of and stated that it was the responsibility of the state governments.