LABOUR LAW

 Labour Day is commonly intended for the security and protection of worker’s rights. This year, it came at a time when workers are struggling to endure and their rights and privileges need protection like never before. In India, domestic work has traditionally been at the bottom of the occupational structure with low social status and institutional numbness. The absence of political and legal acknowledgment has left domestic workers fundamentally and procedurally defenseless against the conditions of poverty  and at the mercy of their employers, exposing them to potential harassment, discrimination, and exploitation

With the smothering of economic activity brought on by the prolonged nationwide lockdown, Indian domestic workers are now being confronted with increased hardships and financial challenges. The COVID-19 pandemic has made evident the precarious nature of their marginalization and the urgent need to address the situation. Therefore, as social distancing measures are likely to continue, the Indian government should consider bringing in new legislation to protect the rights of these domestic workers.

Manifold Challenges

Anecdotal evidence uncovers that notwithstanding strict movement on development and the dread of contracting the virus, numerous domestic workers are being constrained to go to work as they battle to get fundamental necessities like food, shelter, and medications amid the rough conditions of the lockdown. They are in reality being convinced by their employers to keep working and are being compromised of conceivable substitution on the off chance that they don't.

Unable to travel, numerous domestic workers have been soothed of their employments without sufficient payment and other people have received pay-cuts for the subsequent months. Taking into account that these laborers have restricted to no savings or financial backing, the chance of their lives being seriously influenced by the domino impact of rising unemployment and a lack of income stands extremely high

Additionally, since domestic work falls under the class of unregistered and unregulated work, these laborers — on many occasions — have been not able to get to government relief packages that are being furnished to manage the current e crisis. This implies that a majority of domestic workers are not even beneficiaries of the state government’s food grain allotment program, leaving them with limited access to food-related benefits.

Adding to the issues of income loss and lack of social security is the possibility of domestic workers confronting harassment and expulsion from their rented accommodations. This could either be because they were failing to pay rent or because of the social stigma connected with these laborers that marks them as potential carriers of the virus.

Besides, given the private nature of domestic work, female workers have often been subjected to sexual violence or physical abuse. In 2014, the Indian government introduced records that exhibited a consistent increment in the number of sexual violence cases including female workers across the nation. Extrapolating from this, it would not be a stretch to state that the current lockdown — which confines citizens into their homes and sometimes workers with their employers — will only aggravate instances of abuse against female workers.

Despite these vulnerabilities, domestic workers have no safety net or complaint redressal system to count on. It is the people most in need of legal protection who are left without it. Back home, where laborers have minimal social security, CMIE data suggests that I a hundred million workers have lost their work, the vast majority from the unorganized sector. The figure is probably going to be considerably bigger given that it would be difficult to capture the employment status of the migrating workers.

Laborers are desperate. Not only have they lost their meager income, but now their only options are to risk contracting COVID-19 or facing starvation. In this way, a large number of them set out to walk hundreds if not thousands of kilometers to come back to their villages or towns, carrying their few belongings, kids on their shoulders, and no food in their bellies. Some have already perished on the way. In Karnataka, they were not even being allowed to go back home, in a controversy that sparked allegations of bonded labor, forcing the government to quickly take a U-turn.

What is missing however is a dignified life that ought to be the right of every citizen in a democratic country. The ruling class frequently overlooks this and contends that the minimal improvement in the material conditions of many laborers is sufficient. They even suggest that the laborers should be thankful for this slight betterment and portray it as the achievement of the prevailing unequal economic system. In the present ruling economic ideology, equity is not high on the agenda.

The ruling elites thrive on the poor working and living condition of labor for their lifestyle and profits.  Subsequently, neither the state nor the businesses grant the laborers their rights. For example, huge numbers don't get a minimum wage or social security or protective gear at worksites. They don't have the security of employment, even wages are not paid on time, muster rolls are fudged, there is no entitlement to leave, etc. Given their low wages, they are compelled to live in foul conditions with many sharing a small room in a slum. Water is scant and drinking water more so. Access to clean toilets is constrained and disease spreads. There is a lack of civic amenities like sewage. Their children are often deprived of schools and playgrounds.

With COVID-19 as a reason, state after state is diminishing what little security was accessible to laborers by eliminating or diluting different laws to support businesses. In Uttar Pradesh, at least 14 labor laws like the Minimum Wages Act and Industrial Disputes Act are being suspended for3 years with an end goal to attract capital. Comparative is the situation with MP and Gujarat. The plea is that is expected to revive economic activity. The CM of MP has said this would prompt new investment in the state. Whether or not the new investment will come at this time when businesses are unable to start or they face a situation of low capacity utilization, what this would ensure is competition among states to relax and eliminate labor laws. Thus, the poor working conditions of labor will deteriorate further.