Standing Committee on Labour (2020-21) was authorised to take up the issue and Shri Bhartruhari Mahtab - Chairperson presented on their behalf this Sixteenth Report on ‘Social Security and Welfare Measures for Inter-State Migrant Workers’ relating to the Ministry of Labour and Employment” in the Parliament on the 10th of February.
Sorry State
of Migrant Workers – Indispensable for the all-round economic growth of the
Country!
It is indeed
shameful for a nation of over 1.3 Billion Population and over 70 years of
sovereignty that the Parliamentary Standing Committee has to begin its report
on the above subject with the following two paragraphs:
“1.1 In
India migrant labours are predominantly employed in the informal segment and
engaged in manual unskilled/semi-skilled jobs, which are typically high-risk
and low paying. The perennial problems of the migrant labours entail lack of
social security, access to welfare entitlements, proper accommodation, standard
of living, identity proof and other documents for availing State given
facilities, etc.
1.2 The
Covid-19 crisis has exposed, in a tragic and graphic manner, the hard truth
that millions of people in India have no recourse to a range of rights and
basic amenities. While the pandemic has demonstrated the enormous value of
health workers, it has also created and enhanced public awareness of the
pivotal role played by the migrant workers in the development of India's
economy. Around 100 million to 125 million such workers leave their villages,
families and homes to get work wherever they can find it and toil hard to
harvest crops, clean streets, run factories, build roads, construct houses etc.
In a stark manner, the pandemic has revealed that millions of migrant workers
have been left with little or no food security, livelihood options and a secure
home despite they being indispensable for the all-round economic growth of the
Country. The need for greater self-reliance for migrant workers and their
families has never been more urgent as such workers look for the security of
home, food and livelihood.”
How many
Migrant workers are there?
The basic task
of ensuring a database of workers has not been achieved in the country. The
Ministry in its presentation to the committee states that (a) Migrant workers
returned home (8,614,785) (b) Migrant workers stayed back (190,054) (c) Total
migrant workers in various States (8,804,839) during the pandemic. At the same time,
the Ministry also submitted that there were 25.8 million workers were registered
as Building & Other Construction Workers with various State Governments and
majority of them were migrant workers thus reflecting that it is not aware of
the total number of migrant workers.
“2.10. As
regards measures taken for identification of Migrant labours especially in the face
of reports of many States failing to provide relief to stranded Migrant
labourers despite their best efforts, due to shortcomings in the identification
process; the Ministry responded as under:- "Several letters/advisory have
been sent to the States/UTs to identify the Migrant Labourers and maintain
their complete details like bank account details, Mobile Number, Aadhaar Number
etc. to provide them immediate financial relief as well as food packages. Chief
Labour Commissioner and Welfare Commissioners have also been actively involved
in this work."
2.11. In
response to a specific query as to whether local Governments or other
Stakeholders have been involved in the efforts of identification of stranded
Migrant Labourers; the Ministry replied in the affirmative and stated as
under:-
"Yes. States/UTs have been requested to
maintain the database with all the details of the migrant workers."
2.12. The
Ministry also furnished State-wise data to the extent available on the total
number of migrant workers displaced as per Government estimate which is
reproduced as under:-
|
SL No |
Name of the State |
No. of Migrant workers belonging to State who have
returned to their home State* |
|
1 |
Andhra Pradesh |
32,571 |
|
2 |
Andaman and Nicobar Islands |
4,960 |
|
3 |
Arunachal Pradesh |
2,871 |
|
4 |
Assam |
426,441 |
|
5 |
Bihar |
1,500,612 |
|
6 |
Dadra & Nagar Haveli and Daman and DIu |
43,747 |
|
7 |
Delhi |
2,047 |
|
8 |
Haryana |
1,289 |
|
9 |
Jammu & Kashmir |
48,780 |
|
10 |
Jharkhand |
530,047 |
|
11 |
Karnataka |
134,438 |
|
12 |
Kerala |
311,124 |
|
13 |
Ladakh |
50 |
|
14 |
Lakshadweep |
456 |
|
15 |
Madhya Pradesh |
753,581 |
|
16 |
Maharashtra |
182,990 |
|
17 |
Manipur |
12,338 |
|
18 |
Meghalaya |
4,266 |
|
19 |
Nagaland |
11,750 |
|
20 |
Puducherry |
1,694 |
|
21 |
Punjab |
515,642 |
|
22 |
Rajasthan |
1,308,130 |
|
23 |
Sikkim |
33,015 |
|
24 |
Tamil Nadu |
72,145 |
|
25 |
Telangana |
37,050 |
|
26 |
Tripura |
34,247 |
|
27 |
Uttar Pradesh |
3,249,638 |
|
28 |
Uttarakhand |
197,128 |
|
29 |
West Bengal |
1,384,693 |
|
|
Total |
10,837,740 |
|
* As per the data received from the State/UTs |
||
These datasets indicate that the Ministry is groping in the dark and does not even have a mechanism, except that it has been giving advisories.
However, the
Ministry is very clever. Without restricting itself as the nodal Ministry and
responsible for the issues concerning the Migrant Labours it expanded the scope
and made a presentation before the Committee on “Labour Reforms and Inter-State
Migrant Workers highlighting inter-alia the background of State Reforms; Impact
of the Reforms; Role of State Governments under the Industrial Disputes Act,
Factories Act and the Contract Labour Act; Governance Reforms initiated by
States; Fixed Term Employment; Inter-State Migrant Workers and available data
on them; Building and other Construction Workers; and implementation of the
Pradhan Mantri Garib Kalyan Yojana (PMGKY) during the Covid Pandemic. It was thus
able to cover up its abject helplessness and impotence in the context of the
forced migration during the lockdown.
2.32. The
Committee have, time and again reiterated the need for a credible real time
database of all workers including unorganised workers as well as Inter-State
Migrant Workers. While the initiative taken for creating an online Portal on
Interstate Migrant Workers with real time data updates is laudable, the
Committee nevertheless, wish to point out that without a credible database, efforts
to give relief in such unprecedented times of a Global Pandemic like the
current one, may not be completely successful. The Committee also note that the
information on the online portal on Migrant Workers also proposes to include
aspects relating to trends of migration of workers and the Labour Bureau and
NITI Aayog are involved in studying the issues. The Committee desire that the
initiative be given the needed impetus, thrust and support so that the Nation
can have a credible real time database of Inter-State Migrant Worker.
The definition
of ‘Inter-State Migrant Worker’ has since been modified to include migrant
workers moving to a Destination State for employment on their own volition,
besides Migrant Workers employed through contractors.
The Committee
have been apprised that, in line with the recommendations made by the Labour
Committee, steps taken to alleviate the hardship faced by Migrant Labourers
include, inter-alia,
1.
Setting up a portal to create a database for
Migrant Workers with the facility of voluntary submission of data by
self-employed persons moving to a ‘Destination State’, for which Aadhar would
be a basic requirement;
2.
Incorporation of a separate Chapter on Inter-State
Migrant Workers in the Social Security Code; addition of an enabling provision
in the laws for making rules for setting up toll free helpline numbers;
3.
Carrying out a study on ‘Safety and Health of
Migrant Workers’;
4.
Providing for the Central Government to specify
the wages applicable to Inter-State Migrant Workers;
5.
Providing for payment of a lumpsum allowance for
to and fro journey to the native place of Migrant Workers;
6.
Formulation of Schemes by the appropriate
Government for portability of benefits of Public Distribution Scheme (PDS) and
other benefits as are available to BOC Workers in their native States;
extension of benefits to migrant workers as are available to Workers in
establishments covered under ESIC, EPFO, etc.
7.
Further, portability of benefits of PDS for
Inter- State Migrant Workers either in his native State or the destination
State where he is employed has been enabled for in terms of Section 62 of the
Occupational Safety, Health and Working Conditions, Code, 2020.
The Committee noted that there are no
reliable or authentic figures on the total number of Inter-State Migrant
Workers.
One wonders to whom these reached
In addition to providing food relief
packages to around 30 lakh workers, the Committee have been apprised that an
amount of Rs.5,000/- crore has been transferred to aid 1.83 crore Building and
Other Construction Workers. Also, under the Pradhan Mantri Garib Kalyan Yojana,
the relief provided following the outbreak of the Covid Pandemic included,
remitting 24% of wages directly to the EPF Accounts of low wage earning members
drawing less than Rs.15,000 in the beneficiary establishments; providing for
extending a special Covid- Advance from the EPF accounts whereby an amount
equivalent to 75% of EPF balance or three months wages, whichever is lower
could be drawn - on this count, as on 10.07.2020, an amount of Rs.6,987 crore
was reportedly disbursed to 25.40 lakh members; reducing the statutory
contribution from 12% to 10% of wages and Dearness Allowance under Atma Nirbhar
Bharat Scheme thereby benefitting 4.3 crore employers across 6.5 lakhs
establishments etc. Also, the Ministry of Housing and Urban Affairs launched
the SVA Nidhi Scheme for the benefit of 50 lakh street vendors by way of
providing collateral free working capital loan upto Rs.10,000/- for
compensating lost livelihood due to the Pandemic and the lockdown. The
Committee have also been apprised that in order to boost employment and
livelihood opportunities for migrant workers returning to the villages in the
wake of Covid outbreak, the Government launched the Garib Kalyan Rojgar
Abhiyaan on 20.06.2020 focussing on durable rural infrastructure and providing
modern facilities like internet; skill mapping of rural migrant 14 labour;
extended Anganwadi Services to Children of Migrant labours; sanctioned 700 Food
Processing/Presentation and infrastructure projects for employment generation
for Migrant Labourers; identified ongoing / new works of road construction for
Migrant Labours; and Set up of 30 Biotech-Kisan hubs in the Country to help
Migrant Workers to earn livelihood through farming. The Committee note that a
number of appreciable initiatives have been launched by the Government, which
are aimed at benefitting the Migrant Labour.
The Committee, however, note in this
regard that neither any guidelines were issued nor enforced for distribution of
relief material to stranded Migrant Labourers. Also, there has been no element
of Social Audit prescribed. The absence of reliable and authentic
data/information on the numbers of migrant workforce and their movement back to
their home States following the outbreak of the Pandemic has apparently
impacted the relief and rehabilitation measures.
Absolute Need
There has also been a need for enhanced
transparency in the modalities and procedures involved in the distribution of
Relief material to Migrant Labour and prescription of an element of audit both
at the Department level and Social Audit by the Stakeholders. In short, since
without identification and collation of data of the inter-State migrant workers
no social security Scheme can be effectively extended to them, the Committee
exhort the Ministry to persuade the native as well as the destination States to
identify, collect and periodically update the record of such workers.
Role of Civil Society
The need for data is primary and the
duality of the Central and State Governments and camouflaging the incompetence
of the Ministry with range of other Ministry’s activities needs to be exposed.
Social audit protocols have to established and agencies involved engaged to
submit to a due process owned and managed by the migrant workers.
