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Q.What measures do you think the government has taken, or should take, to protect the rights of landless agricultural labourers and migrant workers?

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✓ Free question

The government has implemented measures like minimum wage laws, employment guarantees, and social security schemes, but further steps are needed to ensure universal social security, better enforcement, and portable benefits for landless agricultural labourers and migrant workers.

Landless agricultural labourers and migrant workers represent some of the most vulnerable segments of India's workforce. They often face precarious employment, low wages, lack of social security, and exploitation, exacerbated by their mobility and lack of bargaining power. Protecting their rights is crucial for achieving social justice and inclusive development. The government has taken several steps, and further measures are necessary to address their unique challenges comprehensively.

Measures Taken by the Government

The government has enacted various laws and introduced schemes aimed at improving the conditions of these workers:

  • Minimum Wages Act, 1948: This act mandates the payment of minimum wages to workers in scheduled employments, including agriculture. Its objective is to prevent exploitation by ensuring that workers receive a basic remuneration for their labour.
  • Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005: This landmark legislation guarantees 100 days of wage employment in a financial year to every rural household whose adult members volunteer to do unskilled manual work. It serves as a crucial safety net, particularly for landless agricultural labourers during lean seasons, providing income security and reducing distress migration.
  • Social Security Schemes: Various schemes have been launched to provide a safety net. These include:
    • Pradhan Mantri Shram Yogi Maan-dhan Yojana (PMSYMY): A voluntary and contributory pension scheme for unorganised workers, including agricultural labourers, ensuring old age protection.
    • Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PMJAY): Provides health insurance coverage, offering financial protection against catastrophic health expenditures.
    • Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996: While primarily for construction workers, many migrant labourers fall under this category, and the welfare boards established under this act provide various benefits like accident insurance, education assistance, and maternity benefits.
  • One Nation One Ration Card (ONORC) Scheme: This initiative allows beneficiaries, especially migrant workers, to claim their entitlement to subsidised food grains from any Fair Price Shop (FPS) in the country, irrespective of their original ration card location. This addresses a significant challenge faced by migrants in accessing food security.
  • Labour Codes: The government has consolidated and rationalised various labour laws into four codes: the Code on Wages, the Code on Social Security, the Occupational Safety, Health and Working Conditions Code, and the Industrial Relations Code. These codes aim to provide universal minimum wages, expand social security coverage to all workers (including unorganised and gig workers), and improve working conditions, which are intended to benefit landless agricultural labourers and migrant workers significantly. The Occupational Safety, Health and Working Conditions Code, for instance, specifically addresses inter-state migrant workers, aiming to improve their working conditions and provide certain benefits.
Note

While the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, existed to protect migrant workers, it faced challenges in implementation and was eventually subsumed into the Occupational Safety, Health and Working Conditions Code, 2020, with the aim of providing broader and more effective protection.

Measures That Should Be Taken

Despite existing efforts, significant gaps remain. The following measures should be considered to further protect the rights of these vulnerable groups:

  • Strengthening Enforcement and Monitoring: The effective implementation of existing laws, particularly the Minimum Wages Act and the provisions for migrant workers under the new Labour Codes, is paramount. This requires robust labour inspection mechanisms, swift grievance redressal, and strict penalties for non-compliance by employers.
  • Universal and Portable Social Security:
    • Expand Coverage: Ensure that all landless agricultural labourers and migrant workers are covered under comprehensive social security schemes, including health insurance, life insurance, and old-age pensions, without complex eligibility criteria or bureaucratic hurdles.
    • Portability: Design schemes such that benefits are easily portable across states and different employment sectors, allowing workers to access entitlements regardless of their location or employment changes.
  • Registration and Data Collection: Establish a comprehensive national database of unorganised workers, including landless agricultural labourers and migrant workers. This would enable better policy formulation, targeted delivery of benefits, and real-time monitoring of their working and living conditions.
  • Access to Land and Credit:
    • Land Reforms: Explore innovative approaches to land redistribution or cooperative farming models to provide landless families with access to productive assets.
    • Institutional Credit: Facilitate easy access to institutional credit at reasonable interest rates, reducing their dependence on informal moneylenders and enabling them to invest in small-scale enterprises or improve agricultural practices.
  • Skill Development and Diversification: Provide vocational training and skill development programs tailored to the needs of landless labourers, enabling them to diversify into non-agricultural sectors or enhance their productivity in agriculture, thereby increasing their earning potential and reducing vulnerability.
  • Affordable Housing and Basic Amenities: At destination sites, governments should ensure access to affordable and dignified housing, sanitation facilities, clean drinking water, and healthcare services for migrant workers. This can be achieved through public housing projects or by mandating employers to provide such facilities.
  • Awareness and Legal Aid: Conduct extensive awareness campaigns to educate workers about their rights, available schemes, and legal recourse. Provide accessible and free legal aid services to help them address issues like wage theft, exploitation, and unsafe working conditions.
  • Inter-State Coordination: Enhance coordination between source and destination states to ensure seamless transfer of benefits, address grievances, and protect migrant workers from exploitation during recruitment and employment.
Important

The core challenge often lies not just in the absence of laws, but in their effective implementation and ensuring that the most vulnerable workers are aware of and can access their rights and benefits.

✓Final answer

In short, while the government has established a framework of laws and schemes like minimum wages, employment guarantees, and social security, future efforts must focus on strengthening enforcement, ensuring universal and portable social security, improving data collection, and providing better access to land, credit, and essential services for landless agricultural labourers and migrant workers.

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