Callous contractors, negligent officers behind unspeakable misery of migrant workers

Even when the coronavirus-induced lockdown in the country is heading for its third month, the lives of migrant workers continue to remain miserable. In this article, Deputy News Editor of ETV Bharat Krishnanand Tripathi has highlighted how the negligence of officers, lack of proper records and insensitivity of contractors have turned sustenance into a life-taking struggle for these workers.

New Delhi:More than two-month-long nationwide lockdown has brought to fore the horrifying condition of millions of migrant workers as they have been forced to walk for several hundred kilometres to reach the safety of their villages as suspension of commercial activities made their sustenance in the cities nearly impossible.

The suspension of train and bus services due to a nationwide lockdown announced by Prime Minister Narendra Modi made their migration back home a torturous journey.

Trade union leaders blame lack of enforcement of labour laws, particularly that of the Inter-state Migrant Workmen Act of 1979, and lax bureaucracy for the miserable condition for over 100 million migrant workers in organised and unorganised sectors.

The Inter-state Migrant Workmen Act was enacted to protect the rights of this extremely vulnerable class of workers in such a situation.

"Migrant workers have been a neglected lot for the last several years. The inter-state migrant worker act is one of the least implemented labour laws in the country," said Saji Narayanan, President of Bharatiya Mazdoor Sangh, one the country’s largest labour unions.

"The law says that from the date of recruitment, you are a worker of the employer. And one remains a worker till the time he returns home," Saji Narayanan told ETV Bharat.

Saji Narayanan says now anyone can see that these workers have no house, no food and no option to go back to their villages.

"All this shows that contractors and employers are not discharging their legal obligations. They have abandoned these people and left them at the mercy of trade unions, governments and NGOs," noted the Bharatiya Mazdoor Sangh leader.

What are the legal provisions for Migrant workers?

Section 16 of the Act says that it is the responsibility of the contractor to provide and maintain suitable residential accommodation during the period of the employment of migrant workers and also provide periodic medical facilities free of charge.

More importantly, Section 15 of the Act provides that a contractor is required to provide a displacement allowance, equal to 15 days of pay of a migrant worker and also cover the travel expenses for both the sides.

The law also includes the duration of the journey, both outward and return journey, into the wage period and provides for the payment of wages to migrant workers as if he were on duty.

"From the moment they are recruited and till the time they return home, they are the liability of contractors and employers," noted Saji Narayanan.

He says that contractors and employers do not discharge their legal duties that is why these migrant labourers are stranded everywhere. "It's a gross violation of the Inter-state Migrant Workmen Act."

The law provides for a jail sentence of up to two years and fine for contravention of the provisions of the Act but these provisions are rarely invoked.

Migrant workers reduced to a non-entity

In an earlier interaction with ETV Bharat, CITU general secretary and former Rajya Sabha member Tapan Sen noted that millions of migrant workers have been reduced to a non-entity in the country due to neglect by the government and employers.

He blamed the suspension of labour laws by several state governments for the pathetic condition of migrant labourers who have been stuck in different states without any means to support them.

While three BJP ruled states – Uttar Pradesh, Madhya Pradesh and Gujarat have suspended several labour laws, including the Inter-state Migrant Workmen Act, Congress and opposition ruled states like Punjab, Rajasthan and Maharashtra have also diluted several labour laws.

Tragedy brings migrant workers to centre-stage

The large-scale exodus of migrant workers from industrialised and agrarian states to the hinterland parts of the country brought their suffering to the centre-stage, forcing both the governments and industry to realise their importance.

"Fortunate thing is that these migrant workers, who were the second class citizens till two months ago, have now been brought to the centre stage and many people are saying that the industry cannot function without them," Saji Narayanan told ETV Bharat.

Trade union leaders also highlight the fact there is no authentic data about the number of migrant workers in the country which is a clear violation of the provisions of the Inter-state Migrant Workmen Act.

"It is the responsibility of both the sending and receiving states to ensure the proper maintenance of the record of migrant workers," noted veteran trade union leader Tapan Sen.

"Now we are demanding the government to prepare a national register of migrant workers," said Saji Narayananan of Bharatiya Mazdoor Sangh.