conditions of migrant workers

In India due unequal development, many of the people from backward areas migrate from their native place to industrial towns in search of work. Most of them are illiterate or less educated; therefore often they are exploited by the employers and contractor. Rarely do they get full wages and they have to face many unwarranted problems. One may consider this as exaggerated but reality is much harsh.

The government has enacted many laws such as “The Contract Labour (Regulation and Abolition) Act, 1970”, “The Bonded Labour (Abolition) Act, 1976”, “The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979”, “The Child Labour (Prohibition and Regulation) Act 1986” etc, but Infact they are a tool in the hand of corrupt officials to take money. Right up from the district magistrate to labour cum conciliation officer, they are always ready to protect the interest of employers and rarely hey see the plight of workers. It is not my imagination but practical experience. Most of the migrant workers never get the benefit/protection given by these enactments. Despite the safeguard provided in the law, workers have to face many problems.

Under “The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979” proper accommodation with all the basic facilities is to be provided to the worker, but rarely this provision is complied with. Most of the time temporary structures are provided to them, without any arrangement of any of the basic facilities such as safe drinking water, Bathroom and toilets. There are no arrangements for any medical aid. Worst conditions are at the brick kiln. No labour law s followed by the brick kilns. There are no arrangements for education of the children though the act envisages for that, rather the children below the age of 14 years are engaged in work which is in clear contravention of the provision of “The Child Labour (Prohibition and Regulation) Act 1986”. Similarly under “The Contract Labour (Regulation and Abolition) Act, 1970” no contractor can engage the contract labour without license to do so, but these migrant workers are being engaged through unauthorized contractors.

This migration is now giving rise to one big problem, which is different from the non implementation of these provisions. As these migrant workers have no option but to bow before the exploitation, they are paid lesser wages and are cheaper then the local labour, which would have the capacity to bargain. Thus an employer would like to employ a migrant worker instead of local worker. Thus the migrant workers are often blamed for the unemployment. It has given a political ground to the leaders like Raj Thakrey in Maharashtra, whose hatred speeches has lead to attacks on Migrant/ Non-Marathi Workers. In the 80s and early 90s the migrant workers were attacked and killed in Punjab as well, because at that time they were propagated as the ones who have taken all the employment and the Punjabi’s are, therefore unemployed. One can understand the severity of problem.

Among the various enactments, the one which is proving to be most beneficial is “National rural employment guarantee act”, popularly known as “Narega”. It assures minimum 100 days work to rural workers. Despite many lapses in the implementation it has been controlled migration to some extent.

But still a lot has to be done to improve the conditions of these migrant workers. Best would be that they don’t have to migrate.


Harinder Pal Singh Ishar
Advocate
Punjab and Haryana High Court
Chandigarh. M-0091-9914466788