CASTE SYSTEM IN INDIA

A PROJECT ONINTER STATE LABOUR MIGRATION : THEIR RIGHTS, VIOLATIONS AND LAWS GOVERNING THEMSUBMITTED TOMrs. Balwinder Kaur (FACULTY Labour Law)

SUBMITTED BYShikhar ShrivastavaSEMESTER- V(ECONOMICS- MAJOR)ROLL NO- 130(B.A., L.L.B.)

DATE OF SUBMISSION 26-10-2013HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR (C.G.)

ACKNOWLEDGEMENTSI, Shikhar Shrivastava, feel myself highly elated, as it gives me tremendous pleasure to come out with work on the topic Inter State Labour migration : their rights, vioalations and laws governing them. I started this project a month ago and on its completion I feel that I have not only successfully completed it but also earned an invaluable learning experience.First of all I express my sincere gratitude to my teachers who enlightened me with such a wonderful and elucidating research topic. Without her, I think I would have accomplished only a fraction of what I eventually did. I thank her for putting her trust in me and giving me a project topic such as this and for having the faith in me to deliver. Her sincere and honest approach have always inspired me and pulled me back on track whenever I went off track. Madam , thank you for an opportunity to help me grow.I also express my heartfelt gratitude to staff and administration of HNLU in library and IT lab that was a source of great help for the completion of this project.Next I express my humble gratitude to my parents for their constant motivation and selfless support. I would thank my brother for guiding me. I also express my gratitude to all the class mates for helping me as and when required and must say that working on this project was a great experience. I bow my head to the almighty for being ever graceful to me.Shikhar Shrivastava(SEMESTER V)ROLL NO.130

TABLE OF CONTENTS

ACKNOWLEDGEMENTSiiRESEARCH METHODOLOGYivINTRODUCTION1Chapter 1Constitutional and Legal Provisions 4Chapter 2Actual Implementation9Chapter 3Suggestions10CONCLUSION11

BIBLIOGRAPHY1212 | Page

RESEARCH METHODOLOGYThe researcher has followed the non doctrinal method for research design. The research is based on both primary and secondary sources. Literature review has been done extensively in order to make a comprehensive presentation. Books from the universitys library have been used. Computer from the computer laboratory of the university has been used for the purpose of secondary research and is the main source of project.

Objectives: To study the concept of inter-state labour migration. To study various provisions and laws relating to that. To study the effect and consequences on their rights.

INTRODUCTIONCONCEPT OF MIGRATION :- Migration is a social, economic and universal phenomenon in modern times, through which human being move from one place to another in pursuit of certain cherished objectives like avenues of better employment, better wages, better working and living conditions, better quality of life and better livelihood.[footnoteRef:2] Such movement being a normal and natural process. There is nothing wrong or objectionable that.[footnoteRef:3]Migration becomes objectionable only when the element of freedom in movement is replaced by coercion and all the normal hopes[footnoteRef:4] and expectations associated with migration are believed and the migrant workers are subjected to exploitation culminating in a lot of misery and clabbering and deprivation of the irreducible barest minimum to which every labour workers as a human being and a citizen is entitled.[footnoteRef:5] [2: Kaushik Basu, Gary S. Fields, and Shub Debgupta."Retrenchment, Labor Laws and Government Policy: An Analysis with Special Reference to India". World Bank.] [3: http://www.fairlabor.org/blog/entry/fair-labor-association-secures-commitment-limit-workers-hours-protect-pay-apples-largest Retrieved 17 October 2013] [4: http://www.thehindu.com/news/national/minimum-wage-hiked-by-rs15/article1609572.ece Retrieved 17 October 2013.] [5: http://pib.nic.in/newsite/PrintRelease.aspx?relid=71533. Retrieved 17 October 2013.]

It becomes objectionable when human greed, rapacity and aggressively selfish and acquisitive instincts takeover the finer aspects of human character such as kindness, compassion and commiseration and where human being are driven to a situation characterized by the denial of human dignity, decency, justice, equity, security. Such denial becomes all the more a matter of grave anxiety and concern when the person & affected come from the lowest strata of the society and are in need of social protection.[footnoteRef:6] [6: "A special report on India: An elephant, not a tiger". The Economist. 11 December 2008.]

CausesMost Migration take place due to regional difference in the population, pressure on land, inequality of infrastructure, lack of industrial development, low productivity and acute scarcity conditions, so they leave their homes for the fulfillment of their need of food, health, education, expenditure and an aspiration for better life, any person leaves his native state to other states in India in search of employment and livelihood and comes back to his native state or home after completion of requirement.[footnoteRef:7] That is called inter state migration.[footnoteRef:8] [7: Basu, Kaushik (27 June 2005)."Why India needs labour law reform". BBC.] [8: . C. Datta / Milly Sil."Contemporary Issues on Labour Law Reform in India"]

The main causes of migration from native place are give below:- i. Better employment & higher wages.ii. Skill in brick making.iii. Encouraged by a person from their native state. iv. Not payment of notified minimum wages. v. Allured by middle men or contractors. vi. Low earnings, poor livelihood and poor quality of life. vii. Need for recoverage to loan /Debt./Advance for discharge of ceremonial obligations.[footnoteRef:9] [9: Gordon, Li, Xu (August 12 2010)."Labor regulation, economic complexity, and the China-India gap". Hamilton University.]

PROBLEMS OF MIGRANT WORKMEN: - Main Problems of migrant workers are given below:-i. Improper recruitment process : - Migrant workmen are exploited by their agents (Dalal) because the recruitment process does not become according to inter-state migrant workmen Act 1979. ii. Miserable journey condition: - The migrant workmen are recruited & sent to work places by trains & buses without proper reservations but they are transported like goods & cattle.

iii. Improper Wages and Service Condition:- No Proper accommodation facility is provided to migrant workmen in working place. Neither full wages, better wages nor medical facility is provided to migrant workmen in working place according to provisions of inter state migrant workman act 1979. Employers compel to inter state workman to work under their terms & conditions.[footnoteRef:10] [10: "Plight of interstate migrant workers". Retrieved 17 October 2013..]

Chapter 2. CONSTITUTIONAL AND LEGAL PROVISIONSFreedom of movement in any part of territory of India and freedom to pursue any avocation of ones choice is a fundamental right guaranteed by article 19 of the constitution of India. Every citizen of India has got constitutional fundamental right that he can live any part of India and can do any legal work for his livelihood that means any person can leaves his native state to other state in India for searching of employment but the system of employment of Inter state migrant labour was an exploitative system prevalence more or less in all India.[footnoteRef:11] [11: Adhvaryu, Chari and Sharma (December 2009)."Firing costs and flexibility:evidence from firms employment responses to economic shocks". Yale University.]

Inception from OrissaFirst of all it was observed in Orissa and in some other states. In Orissa dadan labour is recognized from various parts of the state through contractors or agents, Sardars / Khatedars, for work outside the state in large construction projects. This system lends itself to various abuses.[footnoteRef:12] [12: Parul Sharma (February 2007)."Split Legal Regime in Indias Labour Laws". Retrieved 17 October 2013.]

Sardar promised at the time of recruitment that wages would be calculated on piece rate basis would be settled every month that was not usually kept. Once the worker came under clutches of the contractor he took him to a far off place on payment of railways fare only. No working hours were fixed for inter state migrant workers and they had to work on all the days in a weak under extremely bad working conditions. The provisions of the various labour laws were not being observed in their case and they were subjected to various malpractices.[footnoteRef:13] [13: "Economic survey of India 2007: Policy Brief".Organisation for Economic Co-operation and Development.]

Central LegislationFor the protection and welfare of Dadan Labour, Twenty Eight Session of the Labour Ministers conference (21-10-1976) recommended the setting up of a small compact committee to go into the whole quesitons and to suggest measure for eliminating the abuses prevalent in this system. The inter state migrant workmen are generally illiterate, unorganized and normally to work under extremely adverse conditions and in the view of this hardships, some administrative and legislation arrangements both in the state from where they are recruited and also in the state where they are engaged for work are necessary to secure effective protection against their exploitation. The compact committee which was constituted in Feb 1977 therefore recommended the enactment of a separate centre legislation to regulate the employment of inter state migrant worker as it was felt the provisions of the Contract Labour (Regulation and abolition) Act 1970, even after necessary amendments would not adequately taken care of the variety of malpractices indulged in by the contractors /Sardars / Khaledars etc and the facilities recruited to be provided to these workmen. The recommendations of compact committee have been examined in consultation with the state government and the ministers of the Government of India had passed the Inter State Migrant workmen (Regulation of Employment and Conditions of Service) Act 1979 by both houses and president of India had given his assent on- 11-06-1979.[footnoteRef:14] [14: "New labour laws needed, says Manmohan".The Hindu(Chennai, India). 10 December 2005]

Main provisions of the Act:-i. The provision of short title, extent, commencement and application has been given under Section 1.ii. The provision of definition of appropriate government, establishment, principal employment, wage, contractor & workmen has been given under Section 2. iii. The provision of registration of establishment has been given under Section 4. iv. The provision of compulsory license for contractor migrating 05 or more than 05 workers has been given under Section 8. v. The provision of contractor is liable to furnish particulars of workmen in both states, passbook, photographs, name and place of establishment period of employment, rates and mode of payments, other payable allowance if any has been given under Section 12. vi. The provision of wage rate, holidays, working hour and other working conditions should be as similar as work place /state has been given under Section 13. vii. The provision of displacement allowance has been given under Section 14. viii. The provision of journey allowance has been given under Section 15. ix. The provision of duty of inspector has been given under Section 20. x. The provision of procedure of offence, contravention of provisions & punishment has been given under Section 24 to 34.Purpose of the ActThis Act protects the dignity of life and the interests of the workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act creates provision to employ better skilled workers available outside the state. While employing the interstate workers, the principal employers shall pay equal or better wages to interstate migrant workmen performing similar nature of work by the local workmen or stipulated minimum wages under the Minimum Wages Act, 1948 whichever is more. In addition, the interstate workers shall be paid displacement allowance, home journey allowance including payment of wages during the period of journey. They shall be provided with suitable residential accommodation and medical facilities free of charge on mandatory basis. This Act makes provision for availing with the onsite services of interstate workers by the contractors / establishments to overcome only the temporary shortage of required skilled workers in a state. The purpose of this act is not to encourage interstate migration of workers against the interests of local workers as the principal employers would have to incur more cost in deploying interstate workers.[footnoteRef:15] [15: http://www.thehindu.com/news/cities/Madurai/article2937874.ece. Retrieved 17 October 2013.]

Rights of Interstate WorkersIn addition to the general labor laws applicable to all workers, the interstate workers are entitled with equal or better wages for the similar nature & duration of work applicable for the local workmen or stipulated minimum wages underthe Minimum Wages Act, 1948whichever is more, displacement allowance (Section 14), home journey allowance (Section 15) including payment of wages during the period of journey, suitable residential accommodation and medical facilities free of charge on mandatory basis. Termination of employment after the contract period without any liability. Right to lodge compliant with the authorities within three months of any incident, accident, etc.Role of Contractors Furnish the details of workmen periodically in such forms as prescribed by state government. Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities. Issue of passbook affixed with a passport-sized photograph of the workman indicating the name and the place of the establishment where the worker is employed, the period of employment, rates of wages, etc. to every inter-state migrant workman. Reporting by the contractor the incidence of fatal accident or serious injury of such workman to the specified authorities of both the States and also the next of kin of the workman. Liable for the prescribed punishments for violations committed under this Act.Role of Principal Employers Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities. Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner and may be prescribed. Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by the contractor to effect the same. Liable for the prescribed punishments for violations committed under this Act.

Role of State Governments Appointment of inspectors to oversee implementation of this act. Appointment of registration officers to grant and revoke registration of contractors / principal employers / establishments. Appointment of licensing officers to grant, suspend and revoke licenses to contractors / principal employers / establishments Making rules for carrying out the purposes of this Act subject to the condition of previous publication Entertaining appeals from the aggrieved parties and disposal of the same as per this Act

Chapter 3. ACTUAL IMPLEMENTATIONAs per the census of the year 1991, nearly 20 million people migrated to other states seeking livelihood. Within a decade, the number of interstate migrants doubled to 41,166,265 persons as per the census figures of 2001. It is estimated that there are at present around 80 million migrants of which, 40 million are in the construction industry, 20 million are domestic workers, 12 million working in illegal mines otherwise called small scale quarries, etc.[footnoteRef:16]Since the stipulations of this act are not implemented in true spirit by the state governments, more and more interstate workers are deployed in miserable working conditions at wages far below the prevailing local wages.[footnoteRef:17]The vested interest of labor departments in collusion with the principal employers /contractors is the main stumbling block to implement this act which is hurting the interests of the local workmen and the improvement in their living standards.[footnoteRef:18] [16: "Magnitude of interstate migration of workmen". Retrieved 17 October 2013.] [17: "Employing Workers - 2011 data (based on input from ILO, OECD, local governments and private employers)". The World Bank. 2012.] [18: "Prosecutions under the Act in year 2004 -05, GoI". Retrieved 17 October 2013.]

Proposed AmendmentsThe Interstate Migrant Workers (Regulation of Employment and Conditions of Service) Amendment Bill, 2011 is proposed to make this Act gender neutral by amending its title and replacing the word workman and workmen by the words worker and workers respectively.[footnoteRef:19] [19: "India Country Overview 2008". World Bank. 2008. Retrieved 17 October 2013.]

Social ProblemsInterstate workers being under the hold of their employers are scared of associating with local workers. Many times interstate workers are reluctant to learn local language and local customs. Some times in the guise of interstate workers, interstate thieves / robbers / dacoits commit theft, murders, etc creating law and order problems.[footnoteRef:20] [20: Aditya Gupta."How wrong has the Indian Left been about economic reforms?".]

Chapter 4. SUGGESTIONS : i. All migrant workers should be registered in Gram Panchayat Compulsory. ii. All recruiting agents, who are recruiting migrant workers without licence under section 8 of ISMW Act 1979, they should be punished severely. All principal employers at the destination point, who are employing Inter state migrant workers without a registration certificate under section 4 of ISMW Act 1979, must be punished. iii. All advances which are being paid by the recruiting agent must be fully accounted for a copy of the document in support of the advance, must be shared with the inter state migrant Labouriv. At the work site at the destination points a bank account may be opened in the name of the inter state migrant workmen. Strictly enforced this will eliminate the possibility of oral / informal credit which the root causes of bondage and will ensure total openness and transparency any in all transactions. v. All records and registers under payment of wages Act and inter state migrant Act 1979 must be maintained in the prescribed form and must be ensured by the officers of labour law enforcement machinery of the destination state. vi. All interstate workers shall be provided with the benefits of Public Distribution System (PDS) Cards to avoid buying food grains and kerosene at higher prices.vii. Every state government shall mandatorily operate aninternet portalindicating the registered employers/contractors, establishments and interstate workmen details. viii. The ongoingfinance commissionshall give weight age in devolution of central government funds to the states which are giving more employment to interstate workers as they are ahead in demographic transition. Demographic transition of a state is a real index & status of all round human and economical development.[footnoteRef:21] [21: http://www.hindu.com/2007/03/13/stories/2007031302250300.htm. Retrieved 17 October 2013.]

CONCLUSIONMigration of workers is a human phenomenon which has historical roots and wider implications. The search for the source of survival or quest for Eldorado, the blissful life, has ever remained the inspiring. In economic parlance, migration is perceived as when a person is engaged or likely to engage in a remunerative activity in a place of which he is not a native or national. Migration in India has existed historically, but, in the context of globalization and opening up of the world economy it has assumed special significance for the country and the society. As a consequence of historical and economic factors, there are serious income disparities, agrarian distress, inadequate employment generation, vast growth of informal economy and the resultant migration from rural areas to urban, urban to urban and backward to comparatively advanced regions in the most appalling conditions. Migration in India is mostly influenced by social structures and patterns of development. The development policies by all the governments since Independence have accelerated the process of migration. Uneven development is the main cause of migration. Added to it, are the disparities, inter regional and amongst different socio-economic classes. The landless poor who mostly belong to lower castes, indigenous communities and economically backward regions constitute the major portion of migrants. In the very large tribal regions of India intrusion of outsiders, settlements by the outsiders displacing the local tribal people and deforestation also played a major role in migration.Non-economic demands like civic amenities, occupational health and safety (OHS) and social problems were taken up. The beginning was to provide safe drinking water at the workplace. The problem of migrant labour is huge and requires cooperation and coordination between the government and other social actors including the trade unions. NGOs having skilled manpower and resources can provide research and background. Trade unions with their organizational structures, organizing skills can take on the employers, policy makers and governments for a better deal for migrant workers and contribute for social harmony and sustainable growth.

BIBLIOGRAPHY

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