HUMAN RIGHTS RELATED TO NORTH INDIAN MIGRATED WOMEN

LABOURERS

A.shak samsuthin Ph.D Research scholar,Department of Public Administration,Government Arts

College(Autonomous),Coimbatore-18,Mail Id : [email protected]

In the history of human development, women have been as vital in the history making
as men have been. In fact higher status for women vis-à-vis employment and work performed
by them in a society is a significant indicator of a nation’s overall progress. Undoubtedly,
without the active participation of women in national activities, the social, economic or
political progress of a country will deteriorate and become stagnant. But ironically and
tragically, women employees in general, are not taken very seriously by their superiors,
colleagues, or society at large. Having a career poses challenges for women due to their
family responsibilities. Traditionally Indian women had been home makers but in the recent
decades, proper education and better awareness, in addition to the ever increasing cost of
living has made them to go out and choose careers. In a patriarchal society like India it is still
believed that a man is the primary bread winner of his family. Although Indian women have
started working outside their homes but still they have a long way to go both culturally,
socially and economically, to bring in positive attitudinal changes in the mind-set of people.

It is generally perceived that gender bias against working women starts right from the
stage of recruitment. Most of the Indian men are not ready to accept that women are capable
enough to work side by side with men in all the sectors, other than in a few limited ones like
teaching, nursing and in clerical sectors. Their capabilities are generally underestimated as a
result of which Indian women have a tendency to opt for less demanding jobs even if they are
highly qualified. Women have the responsibilities to effectively manage their multiple roles
in domestic as well as professional lives. Men generally do not offer any help in the
households work. This makes the life of working women extremely stressful.

The rate of migration is very high in the places where there has been pressure of
population on land, village and its resources. On the other hand there is decline of the village
employment, like local handicrafts agriculture, cottage industries. One of the most important
aspect of migration is the monetary aspect which adds to the family income. In a joint family
system, which in prevalent in rural areas, some of the members come out for industrial
employment to supplement family income from traditional sources.

Some of the villagers migrate to urban places to protect themselves from the various
penalties levied on them for violating village, social and moral code of conduct. In many
instances, people leave their village due to family quarrels and worries. Lastly, migration
among the depressed class of the society is highest. Landless labourers, belonging to the
lower strata of the society go to urban areas and search employment in industries as the cities
provide better opportunities irrespective of one’s class. Other reason for migration can be
attributed to increase in personal debt, eviction of tenants by the land lords.
On the different, labour force in the developed nations dissociates themselves totally
from their homeland, once they are engaged in industrial employment. The trend of migrating
for industrial employment is inter-state, as well as inter district in nature. The small and
medium scale industries draws labour force from the nearby places within the concerned
state. Big organisations get migrated labours from far flung places/ states. Eg. Hydrabad and
Bangalore city attracts labour from all over India in sectors like IT, Construction, tourism.

The migrated labour force consists of certain features, mainly the work/ labour force
is not homogeneous, because the workers are working from different part and section of the
society. As the result of the rapid inflow of migrated workforce to urban areas, it has
increased the urban population manifold.

The International Labour Organization was established in 1919, under the treaty of
Versailles. After the Second World War period, the United Nations General Assembly
adopted the Universal Declaration of Human Rights.

Objective of the Study

The main objective of the study was to understand the problems and issues faced by
migrated women in India. The objectives also included identifying the key socio-economic
attributes contributing to women’s status, safety and security, and to study women’s
involvement in various activities/ organizations for improving of family, community and
society.
Human rights for migrant labours

Social problem

The social problem of migrant labours is as follows.

• Family gives rise to feelings of loneliness,

• Psychological trauma and
• Other mental health problems not only among spouses but the aged members of the
family as well.
• Newly married couples feel acute pains of separation, especially in nuclear families.
Though this problem is a little less in joint families,
• social relations suffer in these families as well.

Sexual exploitation and harassment

Women migrant workers usually face problems of sexual harassment in the

workplace. Besides, women usually go to some other states as domestic helpers, but they are
not trained in modern housekeeping methods and are not familiar with household gadgets,
which creates problems for them. At work, they often suffer physical beatings, verbal abuse,
threats and mental harassment. They are forced to work for long hours and their passports are
impounded by their employers.

Poor working and living conditions

Migrant women workers are often made to work in a poor working environment.
Their living conditions are also poor and unhygienic. Since they cannot afford proper
accommodation, they often live in places which are not suitable for decent human living.
Poor working conditions mostly effected from women’s. They not provide separate toilet and
other basic necessities.

Lack of respect for migrants’ religion and culture

The migrant workers have often faced hostility from their employers towards their
religious and cultural practices. They are also abused for this reason and asked to behave
according to the religious and cultural practices of the employers. There have been cases
where the migrant workers have been forced to change their religion.
Women and Child Labour

Women Labour

In the services sector, the fields of education, medical, health and personal services
offer scope for employment. The employment opportunities can be enhanced by training
women as female health worker and teachers to work in rural areas. Preference should be
given to women in appointment of primary school teachers.

Child Labour

Free and compulsory elementary education for all children up to the age of 14 should
be ensured immediately through the formal school system. Compulsory Primary Education
Act should be enacted in States which do not have such a legislation and the Act should be
implemented strictly. Informal education centres should also be set up near the bastis. This
will be the most effective method of preventing child labour of all kinds.

Child education

Migration has, in some cases, changed the attitude and behaviour of dependents,
especially the education of the children of migrant workers. Children get large amounts of
money and so often indulge in wasteful activities. Their behaviour also affects other children
of the a0rea.18 The PMI study also indicates that the education of the children suffers. Lack
of guidance has resulted in children in the NWFP becoming heroin addicts. However, there
are cases where children of migrant workers have used their fathers’ earnings to educate
themselves, with a few even moving to urban areas to pursue higher and professional
education.

Problems with regard to low wages and unpaid work

The most general grievance is with regard to wages. Not only are migrants’ wages
low, they are often not paid the wages fixed in the indenture. Another common grievance is
that they are not paid for some initial periods, ranging from five months to seven months.

Lengthy working hours and no holidays

The more contractor and owners are abolished the constitutions rights and labour law.
The work cannot see the sun rise and sunset because mostly the labour working in factory of
construction area Even though the rules stipulate that workers cannot be employed for more
than eight hours a day, most of the return migrants say that they are often made to work for
10 to 12 hours a day and not paid any overtime allowance.

This is especially the case with domestic workers, most of them women, who are
forced to work for more than 12 hours a day. Though migrants are supposed to get at least
one holiday in a week, they are often asked to work during holidays also. Domestic workers
are often the worst victims of such a harsh working conditions.

Low level of literacy

The rural population is mostly illiterate due to various socio-economic condition like
poverty, family responsibilities due to large members, ignorance, no visible income to the
family during the process of education. This factor has added to the exploitation of the labour
by the employers for many decade and continuous to do so.

However, with gradual awareness due to government initiation and by voluntarily

organizations as well as own efforts, today’s labour is literate as well as aware of its rights
and responsibilities. The level of literacy among the labour determines the kind of treatment
given to them at the place of employment.

Cannot be meet the home state friends

The owners are finding out the new type of exploitation. The migrated labours doing
work from not one work from regularly they are doing day by day different work because the
migrated works not specialist from one work. So this type is new exploitation. And also same
home town state person cannot be gathered once they are gathered they ask they are rights.

Cannot be organising

The workers complain that they cannot protest against discrimination and exploitation
without risking their jobs. As most of them have paid a considerable amount of money to get
the job, they continue to work. Cases of organized protest are rare.

Indian legislation

Following are some of the legislation articles to protest the rights of the Migrant
labours.

❖ Workmen’s Compensation Act (1923)

 ❖ Payment of Wages Act (1936)
❖ Minimum Wages Act (1948)
❖ Immoral Traffic (Prevention) Act (1956)
❖ Contract Labour (Regulation and Abolition) Act (1970)
❖ Bonded Labour System (Abolition) Act (1976)
❖ Equal Remuneration Act (1976)
❖ Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act (1979)
❖ Child Labour (Prohibition and Regulation) Act (1986)
❖ Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act (1996)
❖ Unorganised Workers Social Security Act (2008)
❖ Criminal Law (Amendment) Act 2013

Social Security

The Inter-State Migrant Workmen (Regulation of Employment And Conditions

of Service) Act, 1979

Wages, Welfare and other Facilities to be provided to Inter-State Migrant Workman.

Wage rates and other conditions of service of inter-State migrant workman. -- (1) The wage
rates, holiday hours of work and other conditions of service of an inter-State migrant
workman shall,

(a) in a case where workman performs in any establishment, the same or similar kind of
work as is being performed by any other workman in the establishment, be the same as those
applicable to such other workman.

(b) In any other case, be such as may be prescribed by the appropriate Government:

Provided that an inter-State migrant workman shall in no case e paid less than the wages
fixed under the Minimum Wages Act, 1948 (11 of 1948)

(2) Notwithstanding anything contained in any other law for the time being in force, wages
payable to an inter-State migrant workman under this section shall be paid in cash.

Journey allowance etc.

A journey allowance of a sum not less than the fare from the place of residence of the inter-
State migrant workman in his State to the place of work in the other State shall be payable by
the contractor to the workman both for the outward and return journeys and such workman
shall be entitled to payment of wages during the period of such journeys as if he were on
duty.

Other facilities

It shall be the duty of every contractor employing inter-State migrant workmen in connection
with the work of an establishment to which this Act applies, --

(a) to ensure regular payment of wages to such workmen;

(b) To ensure equal pay for equal work irrespective of sex;

(c) To ensure suitable conditions of work to such workmen having regard to the fact that they
are required to work in a State different from their own State;

(d) to provide and maintain suitable residential accommodation to such workmen during the
period of their employment;

(e) to provide the prescribed medical facilities to the workmen, free of charge;

(f) to provide such protective clothing to the workmen as may be prescribed; and

(g) in case of fatal accident or serious bodily injury to any such workman to report to the
specified authorities of both the States and also the next-of-kin of the workman.

Responsibility for payment of wages.

(1) A contractor shall be responsible for payment of wages to each inter-State migrant
workman employed by him and such wages shall be paid before expiry of such period as may
be prescribed.

(2) 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.

(3) It shall be the duty of the contractor to ensure the disbursement of wages in then presence
of the authorize representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period or
make short payment, then the principal employer shall be liable to make payment of the
wages in full or the unpaid balance due, as the case may be, to the inter-State migrant
workman employed by the contractor and recover the amount so paid from the contractor
either by deduction from any amount payable to the contractor under any contract or as a debt
payable by the contractor.

Workmen’s Compensation

• All workmen, including supervisors employed in the occupations covered

under the Workmen’s Compensation Act, 1923, should be eligible for compensation for work
injury. Wage limit for eligibility should be removed.
• A scheme of Central Fund for Workmen’s Compensation should be evolved.
All employers who are subject to the workmen’s Compensation Act should pay to this fund a
percentage of total wage as monthly contributions to cover the cost of the benefit and of
administration. The fund should be controlled by the Employees’ State Insurance
Corporation. Periodic cash payments may be made to injured workers and their dependents
by the Corporation through its local offices in the same way as payments are made at present
for various benefits under the ESI payments are made at present for various benefits under
the ESI payments are made at present for various benefits under the ESI scheme. Medical
care to injured workers should be provided by the Corporation. A similar arrangement in
respect of mines may be made by the Welfare commissioners who control various welfare
funds for coal, mica and iron ore mines.

Maternity Benefit

• A scheme of Central Fund may be evolved for maternity benefit on the lines
suggested for workmen’s compensation. Pending the creation of this fund, the Maternity
Benefit Act, 1961 should be adopted in all States as early as possible. Employees’ State
Insurance Scheme
• The recommendations made by the ESIC Review Committee should be
implemented expeditiously.
• The ESI Corporation should make a suitable contribution to the National
Safety Council as part of its programme of integrated preventive and curative services.

Provident Funds
 The Act at present does not apply to establishments employing between 10-20
persons. It should be extended to these establishments and the minimum rate of contribution
therein fixed at 6.1/4 per cent.

Conclusions

This study has reviewed a large number of theoretical models that consider various
aspects of the migration process, focusing in particular on the effect that migration can have
on growth rates. In general, these models indicate that migration should increase growth, both
in terms of endogenous and short-run growth. This is particularly the case if the inflow of
workers consists mainly of the highly skilled. However, the outflow of skilled workers from
sending countries might have a detrimental effect on those states i.e. the brain drain but
without some authors argue that the migration of the highly skilled can actually bring about
positive effects in that it is likely to encourage human capital formation in the source.

There are relatively few reliable econometric estimates of the contribution that
migration makes to raising growth rates, but no shortage of empirical evidence on its
importance in various time periods for different states. The survey also contains a discussion
of the policy options available for both sending and receiving states, in the light of the
empirical evidence and theoretical findings.

Books Referenced:

• Aruthur Dunhan, Community Welfare organization, Principles and practices. Thomas

Y. Crowell Company, 1958.
• Adams, J. (2001). Culture and Economic Development in South Asia, Annals of the
American Association of Political and Social Sciences 573, January, 152-175.
• Agrawal, A, I. Cockburn & J. McHale (2003), Gone but not forgotten: Labor Flows,
Knowledge Spillovers, and enduring Social Capital, NBER Working Paper 9950.
• Bajpai, N. & Shastri, V. (1998), Software Industry in India: A Case Study, Discus-
sion Paper No. 667, Harvard Institute for International Development.
• Balasubramanyam, V.N. & A. Balasubramanyam (2000), The Software Cluster in
Bangalore, in J.H. Dunning (ed.), Regions, Globalization, and the Knowledge-Based
Economy, Oxford et al.: Oxford University Press, 349-363.
• Chalam, K.S. (2000), Human Resources Development in South India, Journal of So-
cial and Economic Development, II (2), July-Dec, 291-313. Das, G. (2001), India Un-
 bound – The Social and Economic Revolution from Independence to the Global
Information Age, New York: Anchor.
• D’Costa, A. (2002). Export Growth and Path Dependence: The Locking-in of Innova-
tions in the Software Industry, Science, Technology & Society, Vol. 7, No. 1, 13-49.
(2003), Uneven and Combined Development: Understanding India’s Software
Exports, World Development, Vol. 31, No. 1, 211-226.

• Nigro E.A, Public Administration: Reading and Documents, Rinehart and CO, New
Delhi, 1948.
• Ottaviano & Peri (2004), The Economic Value of Cultural Diversity: Evidence from
US Cities, CEPR Discussion Paper No. 4233.
• Patibandla, M. & B. Petersen (2002), Role of Transnational Corporations in the
Evolution of a High-Tech Industry: The Case of India’s Software Industry, World
Development Vol. 30, No. 9, 1561-1577.

• Wayne Vasey, Government and social Welfare, New York, Rinehart and
Winston,1958.
• White L.D, Introduction to the study of Public Administration, macmillan and CO,
New York, 1948.
Journals

• India: Skilled Migration To Developed Countries, Labour Migration To The Gulf

:Binod Khadria
• Mgnrega And Rural-Urban Migration In India :Pallav Das
• Friedrich Ebert Stiftung (Fes) Project On Migrant Labor In Southeast Asia
• Migrant Labour in Southeast Asia Vol.1
Country Study: Indonesia
• Dr Michele Ford Flinders Asia Centre & School of Political and International Studies
Flinders University
• Friedrich Ebert Stiftung (Fes): Project On Migrant Labor In Southeast Asia Vol 2
• Labour Migration To Kerala: A Study Of Tamil Migrant Labourers In Kochi
:Surabhi K.S. N.Ajith Kumar
• Status Of Migrated Workers In Tamilnadu – A Case Study Dr. V. Suresh*; K. Ra-
mesh
• Labor Migration In Central Asia: Implications Of The Global Economic Crisis:Erica
Marat
• Migration : An Overview And Relevant Issues,:Dr. Ritesh Dwivedi
• International Labour Office (2001a). Key Indicators of the Labour Market 2001-
2002. Geneva.