NO DATA ON MIGRANT WORKERS' DEATHS: WHO IS TO BLAME, THE GOVERNMENT OR THE 1979 LAW?
Introduction
The Central Government's refusal to compensate the families of the migrant workers who lost their lives on their way home during the 6 months nationwide lockdown has sent shockwaves across the country. The monsoon session, being the first Parliamentary session since lockdown, was conducted on 14th September 2020 and the Central Government was questioned and criticised for its ineptness, inhumanity and denial. When 10 Lok Sabha MPs posed questions related to the death of the migrant workers, the minister of state for labour and employment, Santosh Singh Gangwar replied, "No such data maintained. The question does not arise in the view of above." In response, Rahul Gandhi tweeted, "If you have not counted, have the deaths not taken place?" Congress MP AdhirRanjan Chowdhury called the Central Government a "no data government".
According to a news piece from the Times Of India, it is estimated that there are about 4 crore interstate migrants in India and about 75 lakhs had travelled to their native state as of May 2020. Less developed states like Bihar, Uttar Pradesh, Jharkhand, Chhattisgarh and Odisha are the main source of out-migration of workers. Migrant workers travel to the more developed states of Delhi NCR, Maharashtra, Gujarat, Karnataka, Kerala and Tamil Nadu in search of job and employment opportunities. Such migrant workers are engaged in construction, factories, textiles, transport, agriculture, domestic work, informal sector and casual employment. Women migrate not only due to employment but also due to marriage.
In the nationwide lockdown that was announced by the Central Government in March, lakhs of migrant workers left their host states to return to their native states due to job losses, unemployment, lack of food and shelter. The Central Government jumped in response through the National Disaster Response Fund, Stranded Workers Action Network, Pradhan Mantri Garib KalyanYojana, Garib Kalyan Rojgar Abhiyan and Shramik Special Trains.
The
Garib Kalyan Rojgar Abhiyan was a scheme to tackle the impact of the Covid - 19
pandemics on the migrant workers in India. However, the scheme did not contain
a provision to register and record the deaths of migrant workers. The Wire, a
news and media agency reports that it had filed RTIs in 18 zones of the
Railways. It was found that the Railways had recorded at least 18 deaths on the
Shramik Special Trains. The Wire has accused the Central Government of refusing
to disclose such data to the Parliament. The Central Government is now facing
backlash for not disclosing such data as it will then have to pay compensation
to the migrant families, such disclosure will lead to shame and embarrassment
and will further lead to a negative impact on the upcoming elections. Anindita Adhikari
of the Stranded Workers Action Network (SWAN) has also said that there is
double-speak on the part of the Central Government since the ministry of
finance announced relief packages of Rs. 8 Cr while the ministry of labour and
employment said it had no data. An overwhelming number of migrants travelled in
private vehicles and on foot. Deaths that occur on road, in quarantine shelters
and shelters for migrants are registered and recorded by the police of the
respective State Governments. The Central Government must collect data on such
deaths and collate it in order to take further necessary compensatory steps and
measures.
Currently, there are 44 labour laws in India. The labour law that seems the most applicable to the migrant workers in the backdrop of the Coronavirus pandemic is the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The Act was enacted to regulate the terms of service of interstate migrant workers in their host states. It was introduced in order to make provisions for suitable working conditions, fixed working hours, fixed minimum wages and other necessary securities and amenities.
The following sections of the Inter-State Migrant Workmen Act form the crux of the Act in the backdrop of the Coronavirus pandemic and the nationwide lockdown:
S. 4(a): This section provides that the Act applies to every establishment that employs five or more inter-State workmen.
S. 4(b): This section provides that the Act is applicable to every contractor who employs five or more inter-State workmen.
S. 12: This section provides for the duties of contractors.
(a) This subsection provides that the
contractor shall furnish the particulars to the native state of the migrant
worker and if any change occurs in the said particulars, such change shall be
furnished to both the native and the host states.
(b) This subsection provides that the contractor
shall issue to every migrant worker, a passbook affixed with a passport size
photograph of the worker and indicating in Hindi and English languages, and
where the language of the worker is not Hindi or English, also in the language
of the worker,
(i) the name and
place of the establishment of
employment,
(ii) the period
of employment,
(iii) the rate
and mode of payment of wages,
(iv) payment of
displacement allowance
S. 16(c): This
subsection provides that the contractor shall ensure suitable working
conditions to the migrant worker having regard to the fact that they are having
to work in a State different from their native State.
S. 16(e): This
subsection provides that the contractor shall provide the migrant worker with
the prescribed medical facilities, free of charge.
S. 16(g): This
subsection provides that in case of a fatal accident or serious bodily injury,
the contractor shall report to the specified authorities of both the native and
the host States and the next of kin of the migrant worker.
In case of such
death of the migrant worker, S. 16(g) does not provide for compensation of the
next of kin of the migrant worker, either by the contractor or the State or
Central Government.
References and citations
● The Inter - State Migrant Workmen (Regulation
of Employment and Conditions of Service) Act, 1979 https://indiankanoon.org/doc/62576675/
● Kingshuk Sarkar, "Blame this archaic
1979 law for Modi govt's lack of data on migrants' death", (The Print,
23rd September, 2020) https://theprint-in.cdn.ampproject.org/v/s/theprint.in/opinion/blame-this-archaic-1979-law-for-modi-govts-lack-of-data-on-migrants
deaths/508536/?amp_js_v=a2&_gsa=1&&usqp=mq331AQFKAGwASA%3D#aoh=16010187839041&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s&share=https%3A%2F%2Ftheprint.in%2Fopinion%2Fblame-this-archaic-1979-law-for-modi-govts-lack-of-data-on-migrants-deaths%2F508536%2F
● Dheeraj Mishra, "RTI Shows the
Government Did Collect Data on Death of Migrant Workers During Lockdown"
(The Wire, 17th September, 2020) https://m-thewire-in.cdn.ampproject.org/v/s/m.thewire.in/article/rights/centre-indian-railways-lockdown-deaths-migrant-workers-shramik-special-rti/amp?amp_js_v=a2&_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=16010204685956&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s&share=https%3A%2F%2Fthewire.in%2Frights%2Fcentre-indian-railways-lockdown-deaths-migrant-workers-shramik-special-rti
● ArfaJavaid, "What is the Inter - State
Migrant Workmen Act of 1979?" (Jagran Josh, 12th May, 2020) https://m-jagranjosh-com.cdn.ampproject.org/v/s/m.jagranjosh.com/general-knowledge/amp/migrant-workers-protection-law-1589300556-1?amp_js_v=a2&_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=16010190553740&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s&share=https%3A%2F%2Fwww.jagranjosh.com%2Fgeneral-knowledge%2Fmigrant-workers-protection-law-1589300556-1
●Occupational Safety, Health and Working
Conditions Code, 2020 (Wikipedia) https://en.m.wikipedia.org/wiki/Occupational_Safety,_Health_and_Working_Conditions_Code,_2020
Author -
Vishakha Bhandakkar, student at New Law College, Bharati Vidya peeth (Deemed University) Pune.
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