ABSTRACT

This paper delves into the nexus between labour law and human rights in India, examining the country’s legal framework and its implications on the lives of workers. With a focus on the unorganized and migrant workers, this research paper analyses the social security provisions under the new labour laws and their alignment with international human rights standards. The study highlights the challenges faced by these workers and the need for a more comprehensive approach to ensure their rights are protected. This paper discusses about ongoing discourse on labour law and human rights in India, providing a detailed analysis of the legal regime and its impact on the most vulnerable sections of the workforce.

Keywords: Labour Law, Human Rights, Unorganized Workers, Migrant Workers, Social Security, International Labour Organization (ILO), Indian Constitution, Right to Life, Right to Livelihood.

INTRODUCTION

In the contemporary landscape of India’s workforce, the convergence of labour law and human rights emerges as a critical focal point, especially for the millions of unorganized and migrant workers navigating precarious work conditions. The Indian Constitution enshrines principles of social justice and human dignity, guaranteeing fundamental rights such as “the right to life” and livelihood. However, the reality for many workers remains starkly different, plagued by exploitation and a lack of access to essential rights.

Labour law serves as a primary vehicle for safeguarding worker rights, specifically targeting their welfare and ensuring fair treatment in the workplace. Yet, the intersection of labour law and human rights reveals the inadequacies in protecting the most vulnerable sections of the workforce. The Constitution’s Articles 14, 19, and 21 provide a framework for labour rights, emphasizing equality, freedom of association, and the right to a dignified life. The landmark ruling in “People’s Union for Democratic Rights v. Union of India” (1982)[1] exemplifies the judiciary’s recognition of these rights, reinforcing the notion that a dignified life is integral to the concept of survival.

Globally, India has ratified several international conventions that shape its labour laws and human rights policies, including the “Universal Declaration of Human Rights (UDHR)”and the “International Covenant on Economic, Social, and Cultural Rights (ICESCR)”. The UDHR affirms the right to work and just conditions of work, while ICESCR obliges states to ensure the right to social security and fair wages. International Labour Organization conventions underscore the need to integrate principles of human rights into labour laws to improve protection of workers, especially those in informal employment.

Despite these frameworks, significant challenges persist in the implementation of labour laws in India, particularly for unorganized and migrant workers who often find themselves outside the protective ambit of these regulations. Cases such as “M.C. Mehta v. State of Tamil Nadu (1996)”[2]  highlight the urgent need for regulatory frameworks that can effectively safeguard the rights and dignity of workers in hazardous and exploitative conditions.

The backbone of our society, unorganized and migrant workers, are often overlooked despite their significant contributions. These individuals, who make up a substantial portion of our workforce, are frequently left vulnerable without access to basic social security benefits. “It’s staggering to think that they contribute over 60%”[3] to our country’s GDP, yet they’re forced to use their limited earnings to cover essential expenses like education, medical bills, and supporting their loved ones in old age.

Social security is a fundamental human right universally acknowledged; yet, a strong portion of our workforce remains deprived of such benefits. The reasons are multiple: the law is inadequate, people unaware, and bureaucratic complexities. Historically, labour laws have taken care to protect the main section of workers in the organized sector but left those in the informal economy without support. Evidently, this gap was not lost on the International Labour Organization, in its recommendations to implement measures that ensure social security for workers who toil in the informal sector. Consequently, India’s government created new labour laws that cater to these deficiencies to incorporate unorganized and migrant workers into the net of social security.

As this paper explores the intricate relationship between labour law and human rights, it aims to underscore the pressing need for a holistic approach that integrates these two domains. By examining the legal provisions, judicial interpretations, and real-world implications for workers, this study seeks to illuminate the path toward a more just and equitable labour landscape in India, where the rights of every worker are recognized and protected.

[1]People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473.

[2]MC Mehta vs State of Tamil Nadu, AIR 1997 SUPREME COURT 1996

[3]Raghavendra, Explained: The State of India’s Informal Economy, Indian Express (Dec. 5, 2024), https://indianexpress.com/article/explained/explained-economics/explained-the-state-of-indias-informal-economy-9459931/.