INTRODUCTION:

According to the Black’s Law Dictionary of current English, Something’s or

someone’s movement from one place to another, as in data from one format, platform,
or system, to another, or from one country to another, or of a substance from one
medium. The word ‘Migration’ is derived from the Latin word ‘Migrate’, which means
to change one’s residence. Migration is a vague concept and different definitions and
concepts of migration are used in different parts of the world. Historically and
culturally, internal migration as a coping strategy for earning a livelihood has been a
pronounced trend in the entire world. There is ample evidence of both voluntary and
forced migration, which may result from cultural and religious persecution, natural
disasters, developmental projects such as dams, a failed monsoon and the consequent
famine, Unemployment and the search for better livelihood options. Poverty,
unemployment and indebtedness are the most important factors that lead to migration.
Workers migrating within a country usually move from less developed regions to more
developed ones. In India, there are significant inequities in the development of the
various states, with states such as Kerala, Tamil Nadu, Gujarat and Maharashtra having
attained a higher level of development than Uttar Pradesh, Bihar, Jharkhand and
Chhattisgarh . Thus people move from the underdeveloped to the developed states.
Movement for work was higher among inter-state migrants- 50% of male and 5% of
female inter-state migrants. As per the Census, there were 4.5 crore migrant workers
in 20111. However, according to the Working Group Report on Migration, the Census
underestimates the migrant worker population. Female migration is recorded as
movement due to family since that is the primary reason. However, many women take
up employment after migrating which is not reflected in the number of women moving
for work-related reasons.

It has been observed that migrant workers are not aware of their rights or
labour rights, like right to equality, right to work, right to secure work, a living wage
and a decent standard of life, security scheme ,health, right to form association, right to
freedom, cultural and educational rights, etc. There are various workers in the organised
and unorganized sectors such as construction sector, bakery, hotels, textiles shops,
bamboo cutters, the fisherman and women , the leather flayers and tunners, the salt

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Census, 2011, Office of the Registrar General & Census Commissioner, Ministry of Home Affairs.

1
workers, the beedi workers, the hand loom weavers, the hand crafts men and women,
the workers in brick kilns and stone quarries etc. The Supreme Court of India,
recognising the problems faced by migrants in different parts of the country. The
research paper highlight some facts about migration in India, summarise key relief
measures announced by the government and directives issued by the Supreme Court for
the the migrant population and the legal protection available for the inter state migrant
labourers in India with special reference to Taramani and Thiruvanmiyur block Chennai
district, Tamilnadu.

Statement of the problem:

Migrant workers at Taramani and Thiruvanmiyur block in Chennai district

live as a community and facing problems such as low wages, health hazards, sexual
abuse, exploitation and denial of their rights. The migrant workers have migrated to
Chennai more than 3 years and still are not able to exercise their fundamental rights.
They are exploited by the supervisors at work place. Their children do not get proper
child care and medical facilities. The migrant workers do not have proper quarters for
staying. This study on Socio legal status of migrant workers will help the researcher
to identify the problems, economic, occupational, health, unaware about the legal
protection availed to the migrant workers in the field of study.

Review of Literature:

1.An indispensable source is the report of the first National Commission on

Labour (1969) which brings together a large amount of historical and statistical
information and industrial and other labour, with a good critical discussion of issues
like the relation between the “Organised” and “Unorgainsed” sectors; political
obstacles to labour migration between Indian states, Choice of techniques and their
social outcome etc2.

2.The National Commission on Rural Labour (NCRL) (1991) in India estimates

more than 10 million circular migrants in the rural areas alone. These include an
estimated 4.5 million inter – state migrants and 6 million intra – state migrants. The
commission pointed out that there are large number of seasonally migrant workers in

2
report of the first National Commission on Labour (1969)

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the agriculture and plantations, brick kilns, quarries, construction sites and fish
processing3.

3. Socio-Economic Status of Inter-State Migrants Engaged In the Informal

Sector -A Case Study of District Kathua, J&K by Rajendra singh has analysed the
effectiveness of legislation in tackling the problems of the Inter – State Migrant labour
and he present study analysis the socioeconomic status of interstate migrants engaged
in the informal sector. He also refers to various central labour laws applicable to the
Inter – State migrant workers4.

4. Perceived Morbidity and Health Seeking Behaviour of Women Migrant

Workers: A Public Health Focus by Parvathy M. L., Hemalatha K explores gender
related issues involved in migration such as the causes that induce women to migrate,
the trend and patterns of female migration, its impact on the economic status of migrant
families and work pattern of migrant women. In her work macro analysis relates to all
India data on migration with special reference to Tamilnadu state and micro
investigation is confined to a sample of migrant women selected from three areas in
Tamilnadu, Chennai city, Coimbatore city and Tirupur town have been conducted The
review has aimed at understanding the perceived morbidity and health-seeking
behaviour among women migrant workers. This paper encapsulates the relation
between climate change and health on women migrants5.

5.Ursula Kulke, ILO, Geneva, in his study, ”Filling the Gap of Social Security
for Migrant Workers: ILO’s Strategy” has analyzed the necessity of ensuring social
security protection to migrant workers in the light of the new models of economic
integration, which have emerged in several parts of the world over the last decades. The
portability of social security rights undoubtedly facilitates the free movement of labour
within economic zones and thus contributes to guaranteeing the proper functioning of
these integrated labour markets. Social security benefits can form an important part of
the remittances which are sent to migrant workers’ countries of origin and which have
been recognized by the world community as significant tools for development,

3
Government of India, National Commission on Rural Labour, Vol.I. Part II, Reports of the Study
Group on Migrant Labour,
4
https://www.researchgate.net/publication/349027526_Socio-Economic_Status_of_Inter-
State_Migrants_Engaged_In_the_Informal_Sector_-A_Case_Study_of_District_Kathua_JK
5
https://www.jswep.in/uploads/3/1/7/2/31729069/050103.pdf

3
emphasises the significance of social security rights for migrant workers from an
economic perspective.

6.Migration and Livelihoods - Arjan de haan (2010) this article focus on

contemporary migration, and the role migration has played over a long period of time
in India. this case study challenges the assumption that migration would be a recent
phenomenon, and argues that to understand the history of this area one needs to take
account of the complex interaction between migration and development. Migration has
been a livelihood strategy for many groups within the area, and the study explores how
migration has been caused by and in turn influences poverty and livelihoods for men
and women, and how these relationships have changed over time

7.Simi Sunny in her paper on “Social And Economic Integration Of Migrant

Labour: A Policy Response” stated that social security measures for interstate migrant
workers in India is limited While many countries across the world have introduced
social security programmes to assist the vulnerable transnational and internal migrants.
In India, the Employees State Insurance Act, 1948 and the Employees Provident Fund
Miscellaneous Provision Act, 1952 are considered landmark legislations for social
security. Both the legislations have targeted the fundamental problems of labour
including migrant labour by such provisions which take care of the workers in the
exigencies of sickness, ill-health and other contingencies of life. Maternity Benefit Act
in 1961 and Payment of Gratuity Act in 1972. However, the migrant workers who
largely form the informal labour market escape these safety nets because of the lack of
provisions to recognize their mobile nature and temporary work tenures. There has been
some attempt to address these problems by introducing registration systems to regulate
the inflow of migrant workers and putting in accountability measures for the employer
and contractors.

8.Manoj and Viswanath (2015) studied the health conditions of migrant

workers. They found that overcrowded living conditions of the migrant labourers result
in increased transmission of infectious diseases. There are problems in the provision of
sanitation facilities. The sources of drinking water as well as water for other purposes
are also not very good. Non-availability of adequate quantities of water and inadequate
usage of water also pose health risks. Cooking food in the living rooms without proper
ventilation particularly, while using firewood and kerosene is hazardous to health.

4
These unhygienic living conditions make the vulnerable to diseases. The unfavourable
working conditions can also lead to serious occupational and other health problems.
Many of the workers have bad habits which can lead to poor health in the long run.

9.A Study on the Economic Impact of Migration on Unorganized Workers with

Special Reference to Construction Workers in Bangalore City by Dr. Sudarshan
Kumar. The paper examine the economic conditions of the migrant workers before and
after migration. Many push and pull factors are contributing for the migration. He
conduct his study with the 400 migrant workers working in the various construction
sites in Bangalore6.

Need for the study:

I chose this research topic getting influenced by the migrant labourers and
their living conditions at tamilnadu particularly in Taramani and Thiruvanmiyur block,
Chennai district . For Example the COVID-19 pandemic is deepening the divide
between people on the safe side of the social order and those at risk. The former are not
only better equipped to protect their immunity, but can also count on support and care
if they become infected. The circular migrants are not allowed to settle down and set up
home where they have gone to, they are bound to return to their place of origin after
shorter or longer bouts of casual employment without effective legal protection and
social security. They are kept floating because they did not get sufficient legal
protection eve though there is some laws, Government programmes, etc. enacted for
migrant labourers.

This research paper planed to discuss the Socio legal status of migrant labourers
who was lived at Taramani and Thiruvanmiyur block in Chennai District and the
availability of legal protection for Migrant labourers and how far they aware about laws
made for them and the how far they utilises the legal protection which was specially
enacted for them.

Scope of the study:

The study attempts to find the working conditions and socio-legal aspect of
inter-state migrant labourers in tamilnadu and the laws applicable to them and the

6
https://www.academia.edu/61766688/A_Study_on_the_Economic_Impact_of_Migration_on_Unorg
anized_Workerswith_Special_Reference_to_Construction_Workers_in_Bangalore_City

5
specific segment of inter-state migrant workers. There are innumerable other state
labourers who migrants to other states for the better living condition. The scope of the
present study is limited to socio legal aspect of migrant workers with special reference
to Taramani and Thiruvanmiyur block in Chennai district.

Limitation of the study:

The research has conducted the study in the area of Chennai district particularly
in Taramani and Thiruvanmiyur block. so the findings of the study cannot be
generalized to all over India. And the study was confined only to the inter-state migrant
labourers which includes male and female.

Objective of the study:

The present study is designed for the purpose of exploring the working
conditions and mainly focused on legal effectiveness of the protection and problems
faced by the migrant workers. To check out the cognizance of the laws and special
schemes available to them.

Research Questions:

1. What are the factors that contributed to the phenomenon of the inter-state
migrant labourers?
2. Are the rights of migrant workers protected by the existing law?
3. Is there any gap in the existing legal framework or practical difficulties for the
protection of inter-state migrant workers.

Hypotheses:

1. The socio, economic status includes unemployment, better living and working
conditions are the push factor of the inter-state migrant workers.
2. The effectiveness of the existing legal protection of the migrant workers not
adequate to give enough protection.
3. The migrant workers, contractors, principle employers have no awareness about
the other laws available to them including rights, duties and responsibilities.

Research Methodology:

This research mainly based on Non Doctrinal method. It is important in terms

of solving legal problems by closely examining and analysing the Socio legal aspect of

6
migrant workers. The primary data collected from the inter-state migrant workers
employed at Taramani and Thiruvanmiyur block in Chennai district. The primary data
was collected from 25 sampled respondents. And also the Doctrinal method was used
relying on the secondary sources such as articles, journals, books, research articles,
guidelines, etc. The tool of data collection for the study was an Questionnaire Method.
The Questionnaire was prepared with the consultation of the research Guide and based
on the literature available on the topic. For an accurate understanding of the existing
labour two page structured Questionnaire was prepared and questionnaire was
prepared and was personally handed over to and answered by the Inter- State and which
migrant workers of that area. The Hindi version of the English questionnaire was
disturbed. 25 samples were taken along with a few interviews with workers. The
material from the internet publications and journals, Articles are the some of the data
gathering tool used in this filed of this study.

Structure of the research:

The present research has been systematically arranged into five chapters besides
bibliography.

Chapter-I labelled as Introduction introduce the statement of the problem, objective,

need for the study, scope and limitation and the explains the review of the relevant
literatures, the research questions and tentative solution to the research questions and
the methodology used for the purpose of the study.

Chapter-II holding a title causes for inter-state migration and problems faced
migrant labours attempts to find the various factors which leads to migration especially
with regard to better working conditions. And this chapter further discuss about the
problems faced the migrant workers.

Chapter-III labelled as mantle of Laws pertaining to protection of interstate migrant

workers mainly focused on the measures taken up by the Indian executive through the
schemes, legislative by enacting laws such as minimum wages act 1948 , inter-state
migrant workmen act 1979 etc. And through the leading cases pertaining to the migrant
workers and their protection by the judiciary.

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Chapter-IV holding title as Data analysis and findings on inter state migrant workers
with special reference to Chennai presents the data collected from the field was
analysed factors and findings was presented with bar diagram.

Chapter-V labelled as Conclusions and suggestions summarise the socio legal aspect
of migrant workers and also suggest few legal remedial measures to the inter-state
migrant workers.

CHAPTER-II

Benefits of Engaging Inter-state Migrant Labour

Seasonal migrant labour constitutes an important component of the workforce

in granite quarries in Tamil Nadu. Migrant workers are preferred to local workers.
“Compared to local workers migrants are more obedient, work long hours and do not
switch employers frequently. Migrants can work flexible and long hours as they often
have fewer social or family commitments”, says a granite company owner in Tamil
Nadu. Migrant labourers are brought into work in the quarries from other areas, often
through a labour broker by paying advances. They can be divided into two categories,
migrant labourers from within the State and those from outside the State. Those hired
within the State are unskilled and semi-skilled workers. Those from outside the State
are mainly unskilled workers brought in to work and they typically come from northern
part of India.

Causes for Interstate Migrant Labours:

Movement of living beings in search of better environments is a natural

phenomenon and man is no exception to it. Migrations have significantly influenced
human history. Industrial revolution all over the country accelerated the process of
urbanization. Securing employment, better prospects, better employment or better
business, cityward migration on account of factors such as famines, inadequacy of land,
loss of land and low income etc are the major reasons for migration7. The push and pull
factors of Economic, demographic, socio – cultural, psychological, political and

7
Dhekney,B.R., Hubli City: A Study in Urban Economic Life, pp.44-52,also available at
https://www.academia.edu/9085016/Concept_and_theories_of_migration_An_in_depth_understan
ding_with_empirical_data

8
institutional are responsible for the migration of the workers within the nation and
across the nation.

Push factors are things that are unfavorable about the area that one lives in and
pull factors are things that attract one to another area. Uneven economic development,
inter-regional disparity and differences in living standards between socio-economic
groups are some of the important reasons responsible for migration. In this connection,
it is necessary in this study to give the various views expressed by the scholars in their
study regarding the causes of migration in India.

The push factors are those that compel a person, due to different reasons to leave
that place and go to some other place. For instance, non – availability of employment
opportunities, low productivity, unemployment and underemployment, poor economic
conditions, lack of opportunities for advancement and exhaustion of natural resources
may compel people to leave their native place in search of better economic
opportunities. The non – availability of alternative sources of income (other than
agricultural activities) in rural areas is also important factor for migration.

Economic Factors:

Most of the studies indicate that migration is primarily motivated by economic

factors. In developing countries, low agricultural income, agricultural unemployment
and underemployment are considered basic factors pushing the migrants towards
developed area with greater job opportunities. Thus, almost all studies concur that most
of migrants have moved in search of better economic opportunities. The basic economic
factors which motivate migration may be further classified as ‘Push Factors’ and ‘Pull
Factors’. The push factors are factors that compel a person, due to different reasons, to
leave that place and go to some other place. The common push factors are low
productivity, unemployment and underdevelopment, poor economic conditions, lack of
opportunities for advancement, exhaustion of natural resources and natural calamities.
Introduction of capital intensive methods of production into agricultural sector, and
mechanization of certain processes reduce labour requirement in rural areas. The non-
availability of alternative sources of income in rural area is also important factor for
migration. The Pull Factors are factors which attract the migrants to an area.
Opportunities for better employment, higher wages, facilities, better working
conditions and attractive amenities are pull factors of an area.

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Demographic Factor:

The differences in the population growth rates of the different regions of a

nation have been found to be a determinant in the internal migration. Fertility and the
natural increase in population are generally higher in rural areas which drift the
population towards the city. Other important demographic factor in internal migration
is marriage because females are used to follow their spouses.

The difference is in the rates of population increase between the different areas
of a country having been found to be a stimulant to internal migration. Fertility and rate
of natural increase in population are generally higher in rural areas than in urban areas.
The reduction in the mortality rate and the concomitant high rates of population growth
drift the rural population towards the city. Some other demographic factors like
‘marriage migration’ also play a prominent part in the internal migration.

Miscellaneous Factors

Other factors such as the presence of relatives and friends in urban areas, desire
to receive education which is available only in urban areas are factors responsible for
migration. Closeness of cultural contacts, cultural diversity, great vitality, individual
attitudes are also associated with migration.

Problems faced by Migrant workers:

According to the Economic Survey, 2017, workers mostly from the states of
Uttar Pradesh, Bihar, Madhya Pradesh, and Rajasthan migrate to states like Delhi,
Kerala, Maharashtra, Gujarat, and Tamil Nadu in search of jobs. In cities, they are
usually employed in menial jobs leading a precarious existence working long hours for
low wages, often in poor working conditions and living in squalid surroundings. Among
these workers include agricultural laborers, coolies, street vendors, domestic servants,
rickshaw pullers, garbage pickers, auto-rickshaw and taxi drivers, construction
workers, brick kiln workers, workers in a small way-side hotels and restaurants,
watchmen, lift operators, delivery boys, etc. They often face some problems in their
day-to-day lives.

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Health and Living Conditions:

The migrant labourers working in unorganized sectors work and live in

unhygienic and polluted environment are vulnerable to health problems and sickness.
Migrant Labourers who are employed in construction sites, metro projects, quarries,
mines and highway projects live in hazardous environment and are vulnerable to air
and water pollution leading to kidney and lung disorders. Most live in open spaces or
make shift shelters in spite of the Contract Labour Act which stipulates that the
contractor or employer should provide suitable accommodation. Apart from Seasonal
Workers, workers who migrate to the cities for job live in parks and pavements. mostly
migrants, stay in deplorable conditions, with inadequate water and bad drainage.
Inadequate safety measures and ignorance of safety gadgets lead to accidents which
may be fatal.

Spread of communicable diseases

Each state has a unique epidemiological prole of communicable diseases. For

example, Orissa is hyper-endemic to malaria. When labourers from Orissa migrate to
some other state, such as Kerala, Tamilnadu where the potential vector is available but
the disease is not present, they introduce the disease in the state. Several new cases of
malaria have been reported in regions where the disease was absent, and this has been
attributed largely to migration.

Violence Against Women

In the past, women used to migrate along with their husbands to help them with
the housework while they eked out a living. In recent years, there has been an increase
in the number of women who migrate independently in search of work. Women form
more than half of the interstate migrant workforce. Women constitute more than one-
third of the labour in the construction industry. Female migrant labourers face several
important gender-based problems, including gender-based discrimination at work and
violence. Given the lack of a supportive environment and social system, this can have
a significant impact on the physical and mental health of these women.

Child Labour

As there are no creche facilities, children often accompany their families to the
workplace to be exposed to health hazards. They are also deprived of education: the

11
schooling system at home does not take into account their migration pattern and their
temporary status in the destination areas does not make them eligible for schooling
there. Children who migrate along with their families are deprived of the free and
subsidised educational facilities offered by the state resulting in Child Labour. They are
often engaged in occupations which are as dangerous as those in which the adults are
engaged. Thus, the children are exposed to health problems and occupational hazards
similar to those faced by the adults. This hampers the overall growth and development
of the child. It also contributes to increased childhood morbidity and mortality.

Psychosocial Disorders

Migrant labourers do not have social capital and social support structures in the
place to which they have migrated. They uproot themselves from their native place and
move to a totally new environment, and initially, they face problems adjusting to the
new socio-cultural milieu. This gives rise to a good deal of psychological distress. The
absence of strong social support perpetuates the psychosocial distress and has an
adverse effect on the migrant labourers' mental health.

Occupational diseases

Migrant labourers are usually employed in the dangerous, dirty and degrading
working place. These are jobs which the local population of the developed state would
not take up and hence, labour is brought in from outside the state for the same wages
and sometimes for less. These jobs are invariably associated with more occupational
hazards than other jobs. Migrant labourers working on construction sites commonly
suffer from falls, injuries caused by machines, amputations and crush injuries. Migrants
cannot access various health and family care programmes due to their temporary status.
Free public health care facilities and programmes are not accessible to them. For
women workers, there is no provision of maternity leave, forcing them to resume work
almost immediately after childbirth. Workers, particularly those working in tile
factories and brick kilns suffer from occupational health hazards such as body ache,
sunstroke and skin irritation.. In the case of male-only migration, the impact on family
relations and on women, children and the elderly left behind can be quite significant.
The absence of men adds to material and psychological insecurity, leading to pressures
and negotiations with wider family.

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Documentation and Identity

Proving their identity is one of the core issues impoverished migrants face when
they arrive in a new place, a problem that can persist for years or even decades after
they migrate. Identity documentation that is authenticated by the state is indispensable
for ensuring that a person has a secure citizenship status and can benefit from the rights
and protections that the state provides. The basic problem of establishing identity results
in a loss of access to entitlements and social services. Lack of identification means
migrants are not able to access provisions such as subsidized food, fuel, health services,
or education that are meant for the economically vulnerable sections of the population.
The Concerned Government also does not have details of records of the migrant
workers. This is one of the major problem in various occasions.

Limited Access to Formal Financial Services

Despite the economic imperatives that drive migration, migrant workers

essentially remain an unbanked population. Since migrants do not possess permissible
proofs of identity and residence, they fail to satisfy the Know Your Customer norms as
stipulated by the Indian banking regulations. Sometime they are unable to open bank
accounts in cities. This has implications on the savings and remittance behaviors of
migrant workers.

Political Exclusion

In a state of continuous drift, migrant workers are deprived of many

opportunities to exercise their political rights. Because migrants are not entitled to vote
outside of their place of origin, some are simply unable to cast their votes. A 2011 study
on the political inclusion of seasonal migrant workers by Amrita Sharma and her co
authors found that 22 percent of seasonal migrant workers in India did not possess voter
IDs or have their names in the voter list. Because of this, migrant workers are often left
unable to make political demands for entitlements or seek reforms.

Exploitation By Agents

Migration are mediated by an elaborate chain of contractors and middlemen

who perform the critical function of sourcing and recruiting workers. The lowest links
in this chain are most often older migrants who are part of the same regional or caste-
based social network in the rural areas. While these networks do serve the purpose of

13
providing migrants with information and subsequent access to work opportunities, they
largely operate in the informal economy. There are no written contracts, no enforceable
agreements regarding wages or other benefits, and no commitments regarding regular
provision of work. Migrants, completely dependent on the middlemen for information,
end up working in low-end, low-value, hard, and risky manual labour and are constantly
subject to exploitation with little or no opportunity for legal recourse. Their work lives
are characterized by exploitative practices such as manipulation in wage rates and work
records, non payment or withholding of wages, long work hours, abysmal work
conditions, and verbal and physical abuse. Accidents and deaths at workplaces are also
extremely common in the construction sector, which is aggravated by the absence of
any kind of social protection.

Drugs Addicts:

Due to lack of proper food and nutrients, many young people look aged an
anaemic especially children and women. Even though they earn more money, due to
hardwork, the male members are addicted to alcohol and other forms of drugs in which
they spend more money. The parents encourage or not much bothered about the
children getting addicted to drugs. Sexual harassment of women is also a worrisome
fact in the workplace by the contractors, drivers of the loading vehicles and sometimes
by the co-workers.

CHAPTER-III

prominent schemes to the inter-state migrant workers8:

Migrant workers are engaged in various occupations. There exist several social
security and welfare schemes for workers including migrant workers engaged in such
occupations. Some of the prominent schemes are as follows:

Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) and Pradhan Mantri Suraksha
Bima Yojana (PMSBY) launched in 2015 provide for life & disability cover due to

8
Social Security benefit for migrant workers also available at
labour.gov.in/sites/default/files/PIB1797243.pdf

14
natural or accidental death. Pradhan Mantri Shram Yogi Man Dhan Pension Scheme
(PM-SYM) launched in 2019 provides for old age social security in the form of monthly
pension. Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PMJAY) launched in
2018 provides Rs.5 lakh health coverage for secondary and tertiary health benefits to
those migrant workers who are covered as eligible beneficiaries as per deprivation and
occupation criteria. Model welfare schemes for the Building & other Construction
Workers (BOCW) are administered by State Welfare Boards. PM-SVA Nidhi Scheme
facilitates collateral free working capital loan of up to Rs.10,000/- for one-year tenure
to street vendors. Pradhan Mantri Awas Yojana caters to the housing needs to eligible
beneficiaries.

However, during Covid–19 pandemic period since March, 2020, Union

Government has taken several additional measures for the benefits of workers, such as;
creation of 39.51 lakh new job opportunities by crediting Rs.2583 crores in EPF
accounts under Atmanirbhar Bharat Rozgar Yojana (ABRY), benefits of Rs.2567
crores to retain 38.91 lakh low wage employees under Pradhan Mantri Garib Kalyan
Yojana (PMGKY), financial assistance of Rs.7413 crore to Building & other
Construction Workers (BOCW), unemployment benefit under Atal Beemit Vyakti
Kalyan Yojana (ABVKY), Pradhan Mantri Garib Kalyan Rojgar Abhiyan (PMGKRA)
generating 50.78 crore mandays with Rs.39,293 crores, working capital loan to street
vendors under PM-SVA Nidhi Scheme, free food grain of 5 kg per person per month
to all Targeted Public Distribution System (TPDS) beneficiaries and special training
programme under Pradhan Mantri Kaushal Vikas Yojana (PMKVY) Scheme as a part
of Garib Kalyan Rojgar Abhiyaan (GKRA) in the districts having high concentration
of returnee migrants. In addition, the Government launched an initiative called
SWADES (Skilled Workers Arrival Database for Employment Support) to conduct a
skill mapping exercise of the returnee migrant workers from abroad under the Vande
Bharat Mission. For facilitating employment opportunities, details of SWADES have
been integrated with Skill India’s ASEEM Portal.

Ministry of Labour & Employment has also launched e-SHRAM portal9, It has
been made available to the States/UTs for registration of unorganised workers including
migrant workers on e-SHRAM portal. The main objective of the e-SHRAM portal is to

9
National Database of the Unorganised Workers which was launghed on 26th August, 2021.

15
create a national database of unorganised workers seeded with Aadhaar. It is also to
facilitate delivery of Social Security and welfare Schemes to such workers. As on
04.02.2022, more than 24.98 crore unorganised workers have been registered on this
portal.

Mandle of Judiciary:

The Indian Judiciary is an arm of social revolution. Judiciary is the apex

authority in upholding the equality. It is established fact that judiciary is the third organ
of the Government in any democracy. Judiciary is the guardian of the Fundamental
Rights of the people. Truly, the Supreme Court of India has been called upon to
safeguard the rights of the people and play the role of guardian of the social revolution.
When labour laws are not enforced by relevant authorities, appellate judiciary has to
ensure modicum implementation. The capital point remains namely, when the
executive as governing agency tends to act in lawless ways, Judicial activism becomes
necessary. The Judiciary plays role in protecting and safeguarding the poor and the
weakest of weak, unorganized labour. The Judiciary in India recognized several rights
of workers in unorganized sector by its various judicial decisions. Judiciary has also
shown serious concern on the appalling conditions of Inter – State Migrant Workmen,
a category of unorganized sector. In this Juncture, the present study examine the various
momentous judicial decisions of the High Courts and the Apex Court of India, the
observation made by them on migrant workers and evaluate the role of the judiciary in
protecting and safeguarding the interest of migrant workers.

The lockdown has severely impacted migrants, several of whom lost their jobs
due to shutting of industries and were stranded outside their native places wanting to
get back. Since then, the government has announced relief measures for migrants, and
made arrangements for migrants to return to their native place. The Supreme Court of
India, recognising the problems faced by migrants stranded in different parts of the
country, reviewed transportation and relief arrangements made by the government. The
Supreme Court reviewed the situation of migrant labourers stranded in different parts
of the country, noting inadequacies and lapses in government response to the situation.

In Re: Problems And Miseries Of Migrant Labourers10

10
suo motu writ petition (civil) no.6 of 2020

16
The Bench of judges Ashok Bhushan and MR Shah made it clear that states
should not insist on identity cards for migrant workers; dry ration must be
provided based on their self-declarations.

❖ The Court issued an order to the central and state governments to submit
a response detailing all measures taken by the respective governments
for migrant labourers.
❖ The Court provided interim directions to the central and state/UT
governments for ensuring relief to the migrant workers: i) no train or bus
fare should be charged to migrant workers, ii) free food should be
provided to stranded migrants by the concerned State/UT government
and this information should be publicised, iii) States should simplify and
speed-up the process of registration of migrants for transport and those
registered should be provided transportation at the earliest and iv) the
state receiving migrants should provide last-mile transport, health
screening and other facilities free of cost.
❖ The Supreme Court further directed the Central and state/UT
governments to ensure: i) transportation of all stranded workers wanting
to return to their native place is completed within 15 days, ii)
identification of migrant workers is immediately completed and the
process of migrant registration be decentralised to police stations and
local authorities, iii) records of returning migrant labourers are kept
including details about place of earlier employment and nature of their
skills, and iv) counselling centres are set-up at the block level to provide
information about central and state government schemes and other
avenues of employment. The Court also directed the state/UT
governments to consider withdrawal of prosecution/complaints under
Section 51 of Disaster Management Act filed against migrant labourers
who allegedly violated lockdown orders.

The Apex court directed all states to make every effort to register workers under
the Inter-state Migrant Workmen Act, 1979 (IMWA), the Building and Other
Construction Workers Act, 1996 and the Unorganised Sector Social Security

17
 Act, 2008; it appealed to all intermediaries and contractors to do their duty in
registering workers under these laws.

Inter state migrant workmen act-1979:

i. The inter-state Migrant Act does not apply to all individual migrant labour. The
Act leaves a huge number of migrant workers out of its purview by applying
its provisions to only Industrial Establishment / Contractor in which five or
more migrant workmen are employed. These huge numbers of migrant workers
out of its purview are deprived of various Rights, Benefits and Entitlements by
the principal employers taking the plea that they are not under the purview of
the Act.Therefore, the Act shall be suitably amended in order to apply it to
every establishment in which one or more inter-state migrant workmen is / are
employed.
ii. The inter-state migrant Act recognizes only those workers who are recruited by
or through contractors as inter-state migrant worker, Thus workers migrating
on their own are clearly out of the Act. In this aspect, the Act failed to safeguard
the interest of all the migrant workers who leave their state on his own and take
shelter of principal employer directly without such contractors in another state.
iii. There is no formal employer-employee relationship at the workplace and in
the absence of direct relationship between and therefore, in real sense, the
liabilities will not arise among the principal employer. Therefore, to protect the
workers against the evils of contracting system, eradicate the evils of
contracting system and to enlarge the responsibility and liabilities of the
principal employer the Act need modification in its present form.
iv. The success of any law lie upon the strong, effective and proper implementation
of the particular law. Many studies shows that even after thirty five years of its
enactment, the performance of the inter-state migrant Act is not successful due
to the existing flaws and inadequate system that helps the authorities, Principal
Employers and Contractors to escape from their obligations, duties and
responsibilities. Therefore, the existing system of inspection in the Act shall be
modified with a penal provision for them to perform their duties diligently and
honestly.

18
 v. The penalties provided for violation of the provisions of the Act are not
sufficiently stringent. Section 28 of the Act does not provide for making the
violation of the Act a cognizable offence. Therefore, the penal provisions and
Section 28 of the Act shall be suitably amended for stringent action and for
making the violation a non-cognizable offence.
vi. Establish a statutory ‘Migrant Labour Board’ as envisaged in the Sixth five
year plan with advisory as well as executive powers to look after the interest of
the migrant workers. The study observed that any such Board has not been
setup. The study suggest that the Board may be constituted with wide powers
to exercise all the matters .

CHAPTER-IV

Data analysis and major findings

Causes and working condition of migrant workers

25 23

20

15
12 12 12
11
10
10 8 8
7 7
6
5 5 5 5
5 3 3 3 3
2

0
Q.No 5 Q.No 6 Q.No 7 Q.No 8 Q.No 9 Q.No 10

Option A Option B Option C Option D

Source: primary data collected by using 2 page Questionnaire

Socio-Economic conditions of workers are a key factor for Inter- State migration. The
study finds that three major Socio –Economic factors play a key role in inter- state
migration of workers. Better Wages is one of the major factors for migration. As the
study reveals, nearly 48 percent of the migrant workers migrate from their home – state
because of better wages attempt to eradicate poverty. Lack of employment is another

19
major factor in migration of workers. The study points out nearly 20 percent of the
workers attribute their decision to migrate citing lack of employment in their Home-
state. Nearly 20 percent of the workers cited that though there is employment in their
state, the working conditions are very low which induces them to migrate to other states
in search of better working conditions. Mostly the females also migrated just because
of their husbands moved to another state. The present study reveals that 20 of females
migrated because of marriage, education. Therefore, the study reveals that better wages
, Lack of employment and better working conditions are the three major socio -
economic key factors leading to migration of workers from their Home- state. The data
shows that majority of the migrant workers are not provided suitable Residential
accommodation ,Free Medical facility, Educational facilities for the ward The above
data reveals that there is no direct link or formal employer – employee relationship
between the principal employer and the migrant workers. Untidy Environment is a
constant struggle to protect our Migrant Workmen from the untidy environs. They live
in badly constructed shelters. These sites are particularly hazardous for Migrant
Workmen who are prone to many ailments and accidents because of the environment
they live in.

Legal Awareness
25
21
20 19
18
Respondents Answer

17

15 14
13

10
6
5 4 4 4
3 3 3 3
2 2 2 2 2
1 1 1
0
Q.No 11 Q.No 12 Q.No 13 Q.No 14 Q.No 15 Q.No 16
Question Number

Option A Option B Option C Option D

Source: primary data collected by using 2 page Questionnaire

Law of Inter –state migration is not adequate enough to protect the inter-state migrant
workers. The study after examining and analysing the inter-state migrant law in depth

20
find the following flaws in the Inter-State migrant Law. The Migrant Act does not apply
to all individual migrant workers. The Act leaving a sizable number of migrant workers
out of its purview by applying its provisions to every industrial establishment/
contractor into which five or more migrant workmen are employed. The migrant Act
does not safeguard the interest of all migrant workers who leave their state on his own
and take shelter of employer directly without contractors in another state to earn their
livelihood .Therefore, the definition of Inter-state migrant workmen in the Act is
discriminatory in terms of extending the benefits.

The responsibility for enforcement of the migrant Act lies with the both the
Home-State and Host-State. In actual practice in such cases one state government do
not want to interfere in the Jurisdiction of the other state. The Act encouraging
‘contracting system’ by making the recruitment of migrant workers by or through a
contractor The Act failed to protect the workers against the evils of contracting system
and also to eradicate the evils of contracting system. The migrant Act state that
recruitment of migrant workers by or through contractor may be made with or without
the knowledge of the principal employer. Thus this Act does not bring contractors and
migrant workers directly under the principal employer. Therefore in the absence of
direct relationship between migrant workers and principal employers, the migrant
workers cannot enjoy the formal employer-employee relationship in their workplace.
As a consequence of this, the principal employers do not consider the migrant workers
as their workers, as they recruited. As a result of this, the principal employers do not
consider the migrant workers as their workers as they are recruited and brought by
contractors. It looks anomalous that migrant workers can receive the limited benefits of
the existing labour laws only if there is an Employer – Employee relationship. The Act
gives protection in suit, prosecution or legal proceedings to registering officer, licensing
officer or any other employee of the government from prosecution for acts done in good
faith and also gives protection on the Government from claiming damages . The Act is
silent on permitting the third parties to file complaints against defaulter for violation of
the Act. The study points out only 28 percent of the workers knew the Inter-State
Migrant workmen act through the various sources. Therefore the above flaws identified
by the study ‘Law of Inter-state migration is not adequate enough to protect the inter-
state migrant workers and the migrant workers does not have sufficient awareness about
inter-state migrant workmen Act-1979’.

21
 Inter-state migrant workers have no awareness / knowledge about labour laws
applicable to them. Awareness of law alone can bring awakening about the functional
aspect of the Law. Awareness of law includes awareness of the rights and entitlements
available under the Law. Thus, the study attempted to assess the awareness of the
migrant workers about the inter-state migrant law, the protective special Law applicable
to them. The study finds that 84 percent of the migrant workers are not aware and quite
ignorant of the migrant Law. The study also attempts to find listed what are the Labour
Laws known to the migrant workers. The Employees Compensation
Act,1923.Industrial Disputes Act,1947, Payment of Wages Act,1936, Employees State
Insurance Act, 1948, Employees Provident Funds Act,1952, Maternity Benefit
Act,1961 and Equal Remuneration Act, 1976. But all the migrant workers are not aware
of all the seven Labour Laws. Commonly they aware about Equal Remuneration
Act(Equal pay for equal work), Employees Compensation Act, building and other
construction workers act-1996. Inter-state migrant workers have no awareness /
knowledge about labour laws applicable to them. Inter – state migrants workers are
exploited by every person involved in the process of their employment and the inter-
state migrant laws failed to prevent exploitations.

Nobody knows about the accidents, kind of working and living conditions of
the migrant workers in the dark holes unless it is noticed or reported. It is not at all
possible to know about violation of their rights in their work place unless it is studied
in the field. And the study attempt to reveals 76 percent of workers preferred a simple
negotiation for the dispute settlement. Only 8 percent of the workers chose court for the
dispute settlement forum and they told the cost of the litigation was very high hence
only they preferred simple negotiation.

CHAPTER-V

Conclusion:

The concept of migration ‘here today and there tomorrow’ makes difficult to
regulate their working and living conditions. Migration is likely to increase in the
future, not decrease. The issue is how to manage – and not how to stop. The State has

22
failed to protect Migrant Workers and to enforce the law to any successful extent. The
Migrant Law examined in this study has not been successful for a variety of reasons.
Loopholes exist both in the Laws and in the System that help Employers and
Contractors to escape from their responsibility and obligations. To mitigate these
problems, the Government has to modify the law to protect the migrant workers.

The revelations of this study points to some disturbing trends. The Law seems to be
observed more in violation than in compliance. Migration of workers is for their
livelihood. Right to livelihood is a fundamental right enshrined under Article 21 of the
Constitution. People marvel at the imposing buildings constructed by these migrant
workers but unfortunately these unsung heroes are not paid their due.

Inter-State migration of workers being the movement of human beings takes place for
certain cherished objectives such as better employment, better wages, better working
and living conditions and better livelihood. In recent years the issues relating to Inter-
State migrant workers have gained much attention Nationwide. The plight and
problems of migrant workers in Tamilnadu have caught the attention particularly in
Socio Economic field. Social activists have raised their concern about the exploitation
and miserable plight of the migrant workers working in construction Industry. Despite
deep concern over the issue of migrant workers, no reliable data are available with
regard to magnitude and size of the migrant workers in the State of Tamilnadu. So far,
there is few Socio-Legal study highlighting the problems of migrant workers in legal
aspect. This present study also in the aspect of Socio-Legal which was carried out in
Chennai district.

The Government should Act as a model employer and should also urge the private
industrial establishments to abide by the law. These internally displaced persons rights
can be enforced from the human rights perspective if the labour laws failed to protect
them. It is time we recognize these migrant workers as one of the nation builders and
institutionalise their rights.

The study was carried out to profile the interstate migrant workers employed in the
construction Industry in order to ascertain the benefits, entitlements provided under
various legal frame works and suggest legal remedial measures for better application of
existing laws on ground. It was also aimed to study the impact of relevant legal
provisions meant to safeguard the rights of Inter-State migrant workers.

23
Suggestions:

“Plethora of labour legislations will not protect the migrant labourers, only
effective implementation will”.

The legal remedial measures suggested in the study are humble, therefore the study
leave it to the concerned Governments, Authorities and the policy makers to take some
concrete steps for preventing and eliminating all forms of exploitations by improving
the status of migrant workers and by improving the migrant Act from its present form.
The suggested legal remedial measures are as follows;

❖ The Government and the Policy Makers take some concrete steps for
ameliorating the Socio-Economic life of Migrant Workers in the legal aspect.
❖ The Government must amend or Modify the existing Law as an exhaustive and
comprehensive legislation the could streamline the Employment Procedures,
Working Conditions, Wages and other Welfare Facilities to the welfare of
migrant labourers.
❖ Law related Educational Institutions, Universities and Colleges may be utilized
to make awareness to the Migrant Workers about Laws applicable to them.
❖ The Government must take concrete steps to implement the measures laws laid
down by the legislative and Judiciary and implement the special programmes
and availed schemes to the migrant workers.
❖ Tamilnadu Government should take appropriate steps by some effective policy
decision after receiving the survey report on migrant workers from the 32
districts of the State to protect the migrant workers and to prevent the huge
number of accidents.
❖ Severe punishment to the offenders of sexual harassment and the creation of
better working and living environment for women workers.
❖ Periodical health camps and visit of health workers are to be organised by the
employers and NGOs can be encouraged to work with the labourers to diagnose
timely the problems and guidance to have nutrition food intake for maintaining
better health.
❖ Ensuring of proper scaling of measurement of quantum of work and appropriate
wage payment are to be done by the government by periodical verification.

24
 ❖ The State Governments have to make adequate efforts to to issue ‘Identity Pass’
to each migrant worker and they should be monitored by a special board and
reported to the district administration on the movement of labour into different
Working Sectors.
❖ Conducting of awareness campaigns on the rights of migrant labours in general
and awareness about various provisions of the relevant laws and their provisions
to be given to them.
❖ There Concerned government should maintain the details of the migrant
labourers of the state as a record for the welfare of migrant workers.

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25
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26