Abstract

The process of migration takes place frequently and migrant workers are found everywhere. Several factors including demographic factors, economic factors, political factors and so on contribute to the behavior of human migration. There are different kinds of migrant workers like inter-State migrant workers, intra-State migrant workers, international migrants and so on. At the domestic level, it becomes imperative to focus on intra-State and inter-State migrant workers. In India, we have several Articles contained in the Constitution of India, 1950 conferring a plethora of rights to migrant workers and members of their families. Also, there are several judicial decisions and interpretations that have broadened the welfare mechanism. Further, a significant legislation namely the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was introduced in order to safeguard the interests of inter-State migrant workers. It was fabricated to combat the Dadan Labour system prevailing primarily in the State of Orissa. This particular piece of enactment contains several provisions aimed at the welfare of migrants. However, by conducting a critical analysis of the above mentioned statute some of the loopholes come to light. This paper seeks to analyze the Indian Constitutional and legislative framework in view of Inter-State Migrant Workmen Act, 1979 in detail. It also discusses the lacunae in detail and seeks to make recommendations on how the legal framework can be improved. These recommendations will help to secure the rights of migrant workers more effectively and efficiently.

Keywords