Robust And Comprehensive Protection Of Migrant Workers In India

This abstract argues that while India possesses an extensive legal framework for the protection of migrant workers, the gap between law and implementation remains substantial. Strengthening enforcement, ensuring portability of social security benefits, enhancing legal awareness, and adopting a rights-based and inclusive policy approach are essential to achieving meaningful legal protection for migrant workers and upholding constitutional values of justice, dignity, and equality. The Indian legal framework provides several constitutional, statutory, and judicial safeguards for migrant workers. Fundamental Rights under the Constitution of India particularly Articles 14, 19, 21, 23, and 24 guarantee equality before law, freedom of movement, protection of life and dignity, prohibition of forced labour, and safeguards against child labour. Additionally, Directive Principles of State Policy such as Articles 39, 41, 42, and 43 mandate the State to ensure just and humane conditions of work, social security, and a living wage. Specific legislation, notably the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, was enacted to regulate the employment of inter-state migrant labour and to provide for wages, accommodation, medical facilities, and displacement allowances. However, the Act has suffered from poor implementation and limited coverage.