Plight of migrant workers during the covid-19 pandemic in India

Author: Yashee Sharan, Christ academy institute of law, Bengaluru.

The article commonly revolves around a common word that is migrant worker. As the word is frequently used it is basically defined under the International Labour Organization (ILO). The primary focus is to put out the adverse effect faced by the migrant labourers during 2020 till today due to Covid 19 pandemic in India. 

The pandemic is new to the world and as no cure was available it became quite difficult to curtail the situation. As, per the various newspaper reports it was suggested that it came from China. But even if it reached India, how can it be the fault of the laborers? The class does not have the proper means to roam around in the country. They are the deprived class of people in the society but this pandemic moreover affected them inhumane.

The article tries to put forth the failure of the system and society while addressing the situation of migrant workers. Even, the suggestive approach that can be considered for future courses. 

Migrant worker, Inhumane, Deprived class.

On 24th March 2020, the Prime Minister of India imposed a strict lockdown. The COVID-19 pandemic has begun to take its shape in India. The concept was quite new in the society. The people struggled emotionally, physically and economically. It did not depend on a person belonging to which class in the society, the disease was not caught by looking at the status of a person. But, when it comes to the most affected sections because of the pandemic, it was the migrant workers. As the world economy suffers, the rich have the capacity to save themselves even if they are not going to work for a year or more. But when it comes to middle class and lower middle-class people suffering was a task to them. The hardships are unbearable and even a complete lock down due to the severity of the situation, all kinds of work were stopped and no employment was provided to them.Mostly, the impact of COVID-19 brought hardships in everyone's lives. But inter-state migrant Workers affected the most. 

Those workers, who leave their state in search of a job, and go to different states, have a general understanding of migrant workers.

(1) Emergence of Covid-19 in India (Early March)

Migrant workers are the most ignored class of people in the society. Despite the labour law's prevailing, nobody is concerned about them. When the strict lockdown emerged in India, the migrant workers were having no place to reside, as lockdown imposed on everything, i.e., industries, factories, companies, small establishments undertaking etc.

The people working there have no fixed job security. Due to that, they were removed from their work. Before, if any workers were removed from the job, they can apply and do another job. But, due to the pandemic, everything was closed. Nowhere to apply, no means to work.

Even, the country was close. Strict measures were imposed.

(2) Downfall of basic necessities.

Food, Shelter and Water, are the basic necessities. While after 15th April, 2020 when second lockdown has been imposed all the savings of the workers got exhaust no place to reside, they were no place to reside, they were living in the roads with their family. Drinking tap water and eating leftover foods from the trash can.

The government was busy cracking the vaccine and saving the economy. That thing was least concerned about the plight of workers.

(3) Vote Bank.

Migrant workers migrate from different states and reside in other states. They were unable to vote, as their voting card was applicable in the state they were born in. As they migrate immensely in search of work, they cannot have a fixed residence to register on a voter card.

Therefore, political leaders have no concern about them, these workers are not a source of vote bank to them.

(4) Scenario Mid Covid-19

In July when the government lowered the strictness. The workers were going back to their hometown. But buses & trains were suspended and even nothing was made available to them. The workers bare-footed & the luggage on their shoulder and head, walked more than 1000 km to reach their hometown. No government, no political influences were concerned. In the middle of their-destination, some died due to hunger, women died due to health problems after covering a huge distance. Children were born with disorders, and many died due to sleeping in the middle of the railway tracks.

Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, which provides basic human rights to all the citizens. These rights are inherent in nature. Its ambit is huge and covers a large variety of rights. 

Similarly, during 2020 when the pandemic had hit the world, the migrant workers' many rights were affected, for instance when it comes to the employment Right to a Social Order (Article 28), Right to Work (Article 23) and Right to Social Security (Article 22).

The workers were deprived of basic necessities. Even there were schemes by the government but it did not reach the doors of those workers as there were no homes for them in cites. They leave their home and come to the city in search of employment and when complete lockdown was imposed, they do not have any home to reside. 

When they tried to flee from the city and reach their homes in the village, they were even deprived of any sort of transportation. They were forced to walk miles and miles without any sort of arrangements made by the government.  

The Constitution of India 1950 is known as the Grund norm. There is no specific article in the constitution, rather in Fundamental rights and (DPSP)Directive principle of state policy it is implicit that laboured well being is essential. For instance, Article 41 Right to work , Article 42 Provision for just and Humane condition of work and Article 43 Living wages etc for workers has been implicit in the constitution. 

Eventually it is non justiciable rights, it’s the state's primary duty to look upon it and manage the conditions. 

When it comes to Fundamental rights, Article 14 Right to equality and equality before law and Article 21 Right to life and personal liberty implicitly have been provided which cannot be taken away by the state. Even in ADM Jabalpur v Shivakant Shukla it was stated that Article 21 and Article 22 cannot be suspended even at the time of emergency. 

As, the specific time has been mentioned in different parts of the states to buy foods, medicines etc. Even, the time is mentioned, police were present in every corner of the streets. The state authorities have the duty to protect and save the society, and use its power to create fear and problems in the minds of people. These migrant workers at first instance have no place to reside, no money to buy the essentials. They have a limited number of savings which they use to spend on buying one meal a day. So, how the authorities expect them to have the capacity to buy mask, sanitizers. When the workers went outside to buy the essentials. They would only cover their face with a piece of clothes, as they were unable to buy masks. The police take advantage of the situation and beat them for violation of the safety measures. Instead of providing them with masks, they used to punish them without having any laws

The authorities which were deployed by the central government to save us from the epidemic disease were taking advantage of the situation. As, the workers went out to buy essentials or sometimes it might happen that they were unable to track the timing and went to buy something. These police officers or constables take advantage of the situation and try to earn small kinds of money from the migrant workers. The officers used to blackmail them that they would arrest them and keep them in jail for the violation of the covid-19 norms.

• Illiteracy 

As the migrant workers are illiterate, they are not perfectly aware about what covid-19 exactly is the rules & regulations were just a blank paper. Most of the migrant workmen came from north India i.e., Bihar, Jharkhand, Uttar Pradesh etc. the literacy rate is quite low. They get affected on their health measures and safety grounds are unknown to them.

• Prone to Coronavirus

As they have no knowledge about the pandemic, mostly workers were illiterate and they were prone of covid-19. The workers got corona and they didn't know it. Also some went to the government hospital but seats were not available. Some died due to no awareness of the safety measures, some died due to health conditions becoming untouchable by them.

As the workers don’t have nutrition in their body, the class of people eat the left-over foods. So, it attacked the body of the people.

• Lack of Hospital

First come service, firstly they were not aware of the disease they have, so they went to hospital late. Even going to the hospital, they do not get a seat for admission. As the upper class can afford the private hospitals, these disadvantaged groups cannot do so. Lack of health safety grounds & no treatment, they couldn’t survive the process. Even the pregnant migrant women gave birth outside the hospitals. As no one is considering them as human beings.

The government has to make strict laws that get implemented during any unforeseen circumstance. Central government should provide shelters to homes, when any similar outbreaks happen in the future. A fund should be maintained for lower sections of people. Even after the fund, it’s the duty of the government to see that the fund is reaching the maximum number of people.

The Covid-19 gave us a lesson to prepare beforehand any unforeseen circumstances that might emerge in future. The government should always look after everyone equally. Even they are not contributing to their vote bank, because it has been enshrined in our constitution in article 14 & 21.