SC Asks Centre to Expedite Policies on Migrant Workers’ Welfare: A Legal Perspective
- ByAdmin --
- 31 May 2025 --
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The Supreme Court of India has recently directed the Union Government to accelerate the formulation and implementation of comprehensive policies aimed at safeguarding the welfare of migrant workers. This judicial intervention underscores the critical need for a robust legal framework that addresses the vulnerabilities faced by millions of migrant workers in India. The directive is not only a reflection of the Court’s commitment to social justice but also a reminder of the State’s constitutional obligations under various laws and provisions.
Background and Context
Migrant workers form a significant segment of India’s labor force, contributing substantially to the economy, especially in urban and industrial hubs. However, their transient nature often leaves them exposed to exploitation, inadequate social security, and lack of access to basic services. The COVID-19 pandemic further exposed these vulnerabilities, prompting the judiciary to intervene more assertively.
The Supreme Court’s recent order came during the hearing of a Public Interest Litigation (PIL) seeking effective policies for migrant workers’ welfare, emphasizing the need for timely and comprehensive government action.
Constitutional Mandate for Migrant Workers’ Welfare
The Supreme Court’s directive rests on several constitutional provisions that establish the State’s responsibility to protect and promote the rights of all workers, including migrants:
- Article 14 (Right to Equality): Ensures equal protection of laws to all citizens, including migrant workers who should not face discrimination based on their place of origin.
- Article 21 (Right to Life and Personal Liberty): Interpreted broadly by the judiciary to include the right to livelihood and adequate living conditions, directly relevant to migrant workers’ welfare.
- Article 41 (Directive Principles of State Policy): Mandates the State to secure the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
- Article 43 (Directive Principles): Calls for a living wage and humane working conditions for workers, which includes migrant labor.
Relevant Laws and Policies
Several legislations address workers’ welfare but often fall short in effectively covering the unique challenges of migrant workers:
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979: This Act regulates the employment conditions of inter-state migrant workers, including provisions for registration of establishments, welfare boards, and ensuring minimum wages. However, implementation gaps and limited coverage have undermined its effectiveness.
- The Code on Social Security, 2020: Consolidates multiple labor laws related to social security and aims to extend benefits such as provident fund, pension, and health insurance to all workers, including migrants. Its full rollout is crucial for migrant workers’ security.
- The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996: Addresses welfare for a large segment of migrant workers in construction but needs broader applicability and enforcement.
- The Unorganised Workers’ Social Security Act, 2008: Focuses on social security schemes for unorganized sector workers, including migrants, but suffers from limited coverage and outreach.
Judicial Observations and Directions
In its recent judgment, the Supreme Court emphasized the following:
- The Government must expedite the finalization and implementation of a comprehensive national policy specifically targeting migrant workers’ welfare.
- Ensure uniform application of labor laws across states to avoid exploitation arising from interstate migration.
- Strengthen coordination between the Central and State Governments for seamless delivery of social security benefits to migrant workers.
- Mandate registration and maintenance of a centralized database of migrant workers for effective monitoring and aid distribution.
- Ensure access to healthcare, education, and housing facilities for migrant workers and their families.
Policy Imperatives for the Government
The Supreme Court’s direction calls for urgent policy reforms that can address systemic issues:
- Holistic Welfare Framework: Develop a comprehensive policy encompassing employment rights, social security, health, education, and housing.
- Portability of Benefits: Implement mechanisms for portability of ration cards, health insurance, and pension schemes across states.
- Legal Awareness and Enforcement: Strengthen awareness among migrant workers about their rights and improve enforcement of existing labor laws.
- Data Collection and Transparency: Maintain updated, accessible databases to track migrant worker demographics and welfare status.
- Interstate Collaboration: Facilitate cooperation between sending and receiving states to ensure continuity of benefits and legal protection.
Challenges and Way Forward
Despite existing laws, migrant workers often remain invisible in policy planning due to their mobility and informal employment. The lack of a centralized system and insufficient state-level coordination exacerbate these issues.
The Supreme Court’s intervention should serve as a catalyst for the government to adopt a rights-based approach rather than a charity-based framework for migrant workers. Moreover, involving civil society, trade unions, and migrant workers themselves in policy formulation can enhance effectiveness and inclusivity.
Conclusion
The Supreme Court’s call to expedite policies on migrant workers’ welfare is a pivotal step towards safeguarding a vulnerable yet indispensable segment of India’s workforce. It aligns with the constitutional vision of social justice and the State’s duty to ensure dignity and equality for all workers.
For meaningful change, the government must move beyond piecemeal measures and enforce a comprehensive, inclusive policy that integrates legal protections with practical welfare measures. This judicial nudge reaffirms that the welfare of migrant workers is not just a policy choice but a constitutional imperative demanding urgent and sustained attention.
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