CENTRAL UNIVERSITY OF SOUTH BIHAR

(DEPARTMENT OF LAW)

Subject- CRIMINAL JUSTICE AND HUMAN RIGHTS

TOPIC- IMPACT OF COVID 19 ON HUMAN RIGHTS OF

SUBMITTED TO: Ms. Poonam Kumari

SUBMITTED BY- Rahul Abhishek

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ACKNOWLEDGEMENT

Apart from the efforts of the researcher, the success of the project depends largely on the
encouragement and guidelines of many others. I take this opportunity to express my gratitude to the
people who have been instrumental in the successful completion of this project.

It is a fact that any research work prepared, compiled or formulated in isolation is inexplicable to an
extent. This research work, although prepared by me, is a culmination of efforts of many people.

Firstly, I Firstly, I would like to thank our Faculty of “CRIMINAL JUSTICE AND HUMAN
RIGHTS.” Ms. Poonam Kumari for giving me a topic related to “IMPACT OF COVID 19 ON
HUMAN RIGHTS OF MIGRANT WORKERS IN INDIA .” to research which assisted me in acquiring
some knowledge about the topic. I would like to thank him for his valuable suggestions towards the
making of this project.

I hereby declare that the project work has used the works of various scholars, which has gratuitously
acknowledged in the citation.

-- - Rahul Abhishek

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RESEARCH METHODOLOGY

The project is based on the doctrinal method of research as no fieldwork is done on this topic. The
whole project is made with the use of secondary source.

HYPOTHESIS

 Work conditions and circumstances surrounding daily-wage work, prior to and after
March 2020 changed.
 Gendered impact of COVID-19 on daily-wage workers

SCOPE AND LIMITATIONS:

However, this is an immense project and pages can be written over the topic but because of certain
restrictions and limitations, I was not able to deal with the topic in detail. The project will be
consisting of case laws with relevant interpretation part and with the three elementary rule of
interpretation.

SOURCES OF DATA:

The following secondary sources of data have been used in the project-

a) Articles b) Books c) Websites

METHOD OF WRITING:

The method of writing followed in the course of this research paper is primarily analytical.

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TABLE OF CONTENTS
INTRODUCTION...............................................................................................................................5

A CRISIS WITHIN A CRISIS...........................................................................................................7

THE CONTINUING LOSS AND SUFFERING...............................................................................9

AN ISSUE OF INTERNATIONAL IMPORTANCE.....................................................................11

LEGAL ASPECTS AND PROVISIONS OF THE LAW...............................................................13

Provisions of the Constitution.......................................................................................................13

Legislative Provisions....................................................................................................................15

Affirmative action..........................................................................................................................17

CONCLUSION AND SUGGESTIONS...........................................................................................18

BIBLIOGRAPHY..............................................................................................................................21

Bare Act..........................................................................................................................................21

Cases...............................................................................................................................................21

Online Source.................................................................................................................................21

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INTRODUCTION
Insufficient salaries, irregular and disorganised employment circumstances, a lack of
financial stability, and a constant struggle to make ends meet for survival and livelihood have
all plagued migrant workers in India. According to Census 2011 data, India saw a total of 4.5
crore migrant labourers transit through the country in 2011 1. Despite migrant workers'
massive and ongoing contributions to the growth and development of small-scale businesses,
enterprises, and industries, which ultimately contribute a significant percentage of the
national economy, their socio-economic situation remains precarious and has worsened even
more in the past year of crisis. The Corona Virus, also known as the COVID-19 virus, began
as a small-scale epidemic affecting only a few communities or regions around the world, but
quickly spread across the globe, forcing governments around the world to close schools,
colleges, workplaces, and every other activity that is part of our daily lives. The first case of
COVID-19 in India was reported in January 2020, and soon after the world came to a halt,
India's Prime Minister declared a 21-day national lockdown under the Disaster Management
Act, 2005, which empowers the Central Government to impose restrictions and pass specific
policies with the goal of managing the disaster and reducing its risks. 2 On April 4, 2020, the
World Health Organization (WHO) officially reported that the world had passed 1 million
cases, emphasising the tenfold increase from the previous month, March 2020.3

At the time of such a chaotic health crisis faced in the recent years of modern history, it was
obvious that the misery would be unequally directed towards the most disadvantaged and
areas of society that are socioeconomically disadvantaged. Furthermore, the disadvantaged
class was rendered even more powerless in the absence of any safety net or government
support when the lockdown was announced without prior notice to the public. While a large
portion of the country's privileged population faced the pandemic from the safety of their
comfortable homes with all amenities, migrant labourers, on the other hand, suffered and
fought the pandemic in the sweltering summer heat while attempting to meet the most basic
needs of food, clothing, and shelter. Being a democratic state that elects its own
representatives through the Universal Adult Franchise process, it is reasonable to expect a
sense of responsibility and full disclosure of information from the authorities, particularly
information that has the potential to disrupt the survival and daily functioning of a significant
1
Madhunika Iyer, Migration in India and the impact of the lockdown on migrants, (19 jan 2022, 10:00am),
https://prsindia.org/theprsblog/migration-in-india-and-the-impact-of-the-lockdown-on-migrants
2
The Disaster Management Act, No.53 of 2005, INDIA CODE (2008), Vol. 12
3
WHO Coronavirus Disease (COVID-19) Dashboard, WHO, (19 Jan 2022, 6:14 P.M), https://covid19.who.int/

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portion of society. Even just giving them advance notice could help them prepare and prevent
further harm to their health and livelihood.

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A CRISIS WITHIN A CRISIS
With all shops closed and businesses, production and manufacturing units shut down during
the lockdown, it was apparent that the economy of the country and the world as a whole
would suffer, resulting in severe consequences for the average man such as salary cuts and
job losses for millions. The most serious problem during the crisis was that the majority of
migrant workers are daily wage labourers who were left with nowhere to go when they were
suddenly laid off, especially without any government-mandated social support mechanisms.
Migrant labourers' job is informal since they are uneducated in comparison to the educated
population; as a result, their movement from rural hometowns/villages to cities in pursuit of
big money often lands them in an insecure and low-paying occupation. Because of their
inability to acquire a good education or gain skills for a formal, stable career, they are trapped
in the same poverty-ridden cycle. Migrant workers from rural households have been living in
dismal conditions for years, even before the epidemic, with urban poverty levels rising
without any change in migrant workers' lifestyles.4

The announcement of the lockdown heightened anxiety and terror among many who had
already been living on the edge, further confusing and distressing the masses of daily wage
earners, seasonal migrant workers, contract labourers, and others who were often the
breadwinners of their separate families. Furthermore, the abrupt suspension of all modes of
transportation stipulated by Clause 6 of the 2020 Guidelines of Essential Commodities Act,
1955, without the design and establishment of any form of alternate commuting arrangements
exacerbated the situation for this segment of society. The instructions rigorously limited the
use of transportation to vital commodities and in the event of a fire, law, order, or other
emergency.5

It's a thing to ponder why no central or even state authority/institution considers the return of
thousands of migrants as an unprecedented 'emergency' for those who were walking miles on
road risking their lives and the lives of others during a global health crisis at a time when
directions, policies, and new guidelines were passed on a daily basis to handle the crisis at
hand. Even after the requirements were amended following the loosening of lockdown laws,
aircraft, rivers, and trains were mostly used for cargo transport. Because of the rapid
emergency outflow of migrant labourers, train stations and bus terminals became packed at

4
Sengupta, A, Migration, Poverty and Vulnerability in the Informal Labour Market in India, 4 TBDS, 99, 110-
116 (2013)
5
The Essential Commodities Act, No. 10 of 1955, INDIA CODE (1988), Vol. 27

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this time.6 Safety measures, such as social separation, that were prescribed by government
orders and directions were breached as a result of this situation. Migrant labourers from the
poorer sections of society were simply left stranded, with no safe haven, wandering around
inter-state borders, fending for themselves. Furthermore, the situation was made worse by a
lack of cooperation between the federal and state administrations, as well as the inefficient
implementation of regulations and orders put in place to deal with the looming humanitarian
disaster.

6
Amlegals, COVID-19 Outbreak: How About Essential Commodities, (19 Jan 2022, 10:20 P.M),
https://www.mondaq.com/india/operational-impacts-and-strategy/928382/covid-19-outbreak-how-
aboutessential-commodities

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THE CONTINUING LOSS AND SUFFERING
Because 89 percent of all employees in India are classified as informal workers, the
uncertainty during the epidemic has resulted in a lack of financial stability for the working
poor. Around two-thirds of these workers are not covered by any minimum wage rules. This
is especially true of interstate migrants, who are referred to as "footloose labourers" 7 of the
country. In India, the amount of inter-state migration was predicted to be around nine million
per year between 2011 and 2016. According to the Economic Survey of 2017, people
primarily from Uttar Pradesh, Bihar, Madhya Pradesh, and Rajasthan move in quest of work
to states such as Delhi, Kerala, Maharashtra, Gujarat, and Tamil Nadu. They are mainly
employed in menial employment in cities, live a precarious existence working long hours for
minimal pay, often in deplorable working conditions, and living in filthy conditions.
Agricultural labourers, coolies, street vendors, domestic servants, rickshaw pullers, garbage
pickers, auto-rickshaw and taxi drivers, construction workers, brick kiln workers, workers in
small roadside hotels and restaurants, watchmen, lift operators, delivery boys, and other
workers are among these workers.

A closer examination of the history and current state of India's informal labour sector reveals
that most existing laws, policies, and institutions aimed at advancing the goals of the labour
class focus on or are only available to the formal sector, despite the fact that India's informal
labour force is largely made up of unorganised, seasonal, and undocumented workers. Small
firms, enterprises, and industries have become more frequent as a result of the government's
recent promotion of ease of doing business. The informal sector's workers pay a price for
employers' increased freedom and opportunity. Small firms cannot afford the additional costs
associated with providing better work conditions and social security benefits to their
employees, which is relatively easy for large corporations capable of balancing risks and
costs evenly between the employer and employees. Unfortunately, in the informal sector, the
labour bears the brunt of the pain and expenditures. 8 The results of which can be seen in the
2020 Migrant Crisis.

The difficulties in organising the informal sector due to irregularities, nonregistration, and
unincorporated businesses exacerbates the situation and renders even law-making
organisations powerless. At such a critical juncture, scholars and policymakers must decide
7
Sunanda Sen, Rethinking Migration and the Informal Indian Economy in the Time of a Pandemic, THE WIRE,
(20 Jan 2022, 9:14 A.M), https://thewire.in/economy/rethinking-migration-and-the-informal-indianeconomy-in-
the-time-of-a-pandemic
8
Meghnad Desai, Informal Work, 48(3) IJIR 387, 387-389 (2013)

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whether there is a way to provide the informal sector with the benefits of the formal sector
while addressing the existing irregularities, or whether it is more feasible to attempt to
convert India's entire labour class to the formal sector.

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AN ISSUE OF INTERNATIONAL IMPORTANCE
During a year when everyone was cooped up in their houses, social media became the
primary source and platform for individuals to engage with one another and obtain
information. Everyone sought to give their expert comments on the future and present on
social media avenues and WhatsApp groups, which were continually swamped with advice,
techniques, and falsehoods about the unique pandemic. Citizens became aware of incidents of
police brutality around the world amid the pandemonium of false unrest and a struggle about
what to trust and what not to believe. Unfortunately, India was not left behind in this race,
and this is an attempt to bring it into the open. There have been recent cases of police
brutality that have come to light as a result of the distribution of horrific recordings on social
media, and tragically, the incidents have continued ever since for whatever reason. India, as
one of the founding members of the International Labour Organization (ILO), has ratified 47
conventions and one protocol of the organisation, bringing to light major failures in the field
of labour law as well as the worrying status of rural labourers in general.9

Due to India's adoption of several international treaties and conventions protecting human
rights and the rights of workers, children, and women, the status of migrant workers is not
only a national issue, but also an international humanitarian catastrophe. Despite the fact that
the Essential Commodities Act of 1955 expressly exempts "essential services" from the
lockdown, lack of coordination and miscommunication resulted in mayhem and fear among
the general public, despite the fact that enough authorities were in place in theory according
to the laws. In this unforeseen situation, state governments evaluated a slew of statutes and
issued directives, notices, and orders on a daily basis in order to comply with the Central
Government's safety measures. Section 188 of the Indian Penal Code 10 was a recurring of
these orders. Since the announcement of the lockdown, the police apparatus has used a
variety of tactics, ranging from a non-violent method of photographing violators holding
placards proclaiming how they are "samaj ke dushman" (enemy of society) to causing direct
physical violence against the public, including vicious lathi charges and dragging "violators"
on the roads. The events that followed in numerous regions of Gujarat, where tear gas and
lathis were used to subdue vulnerable migrant workers, are a real example. More than 90
personnel were imprisoned right away for breaking the Epidemic Diseases Act of 1897's
requirements.

9
Ministry of Labour and Employment,(20 jan 2022, 12:34 P.M), https://labour.gov.in/lcandilasdivision/indiailo
10
Indian Penal Code, No. 45 of 1860, INDIA CODE (2002), Vol. 18

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As previously said, these labourers often did not have safe accommodation in the city/town
where they worked, and thousands of them walked hours in groups to go home, striving to
make ends meet for themselves and their families. In West Bengal, there is also the case of a
man who died after being beaten up by the police. The 'violator' had left his house to go get
milk. Consider the lack of humanity and the hardship of the family whose breadwinner went
out to get milk and returned in a casket. Even the Disaster Management Act of 2005, which
was the principal federal law in place to combat the spread of coronavirus, allows for a
maximum one-year detention for proven violation with directives issued by the relevant
authorities.11

However, the police taking the law into their own hands through the use of flagrant force and
violence is, to say the least, an obvious violation of Human Rights, but to look at it legally,
one must check into relevant legislation.

11
The Disaster Management Act, No.53 of 2005, INDIA CODE (2005), Vol 12

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LEGAL ASPECTS AND PROVISIONS OF THE LAW
Provisions of the Constitution
The COVID-19 crisis saw not only daily loss and suffering, but also unequal and inequitable
treatment of those affected by the same disaster. When one side had the ability to stock up on
basics, food supplies, and toiletries for over a month, while others on the road couldn't even
get one meal a day, the division between the privileged and unprivileged section became
sharper. Article 14 of the Indian Constitution guarantees the right to equality. 12 was
unfortunately denied to more than half of the Indian population when the government failed
to treat everyone facing the same health crisis equally.

The government spent time and effort organising flights for students and other residents,
mostly from well-off families, who were stranded abroad, while thousands of migrant
workers, many from marginalised sections, were denied even train tickets from one part of
the country to their homes, demonstrating the effects of money and muscle power. The
migrant issue also draws attention to the flagrant violation of Article 14's norm of "equal
compensation for equal effort." In State of Orissa v. Balaram Sahu 13, the same idea was
developed and defended In the state of Orissa, there was a dispute over the right to equal pay
for daily wage, casual workers who performed the same tasks and duties as permanent
employees. The Supreme Court clarified this point of law by stating that the duties and
responsibilities of casual workers and permanent employees are not the same. The Indian
Constitution's Article 14 emphasises the qualitative difference, according to the Apex.
However, the Court stated in its decision that the state must ensure that minimum wages be
set and paid to workers in order to achieve socioeconomic equality. 14 Article 19 of the Indian
Constitution is a broad article that encompasses six fundamental liberties. 15 Article 19 (1) (e),
which particularly provides for the freedom to remain and settle in any portion of India's
territory, and Article 19 (1) (g), which permits any person to practise any profession or carry
on any occupation, trade, or business, are the ones that apply to the migrant dilemma. 16 Only
with even and equitable territorial development across the country will true economic growth
and fulfilment of these fundamental rights in their true sense without sacrificing on lifestyle
be possible. In the current environment, employees are frequently obliged to travel in order to

12
INDIA CONST. art 14
13
State of Orissa v. Balaram Sahu, AIR 2008 SC 5165
14
State of Orissa v. Balaram Sahu, AIR 2008 SC 5165
15
INDIA CONST. art 19
16
INDIA CONST. art 19

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support their families, often working menial occupations. The current situation, in which
migrant labourers are denied basic requirements such as food, clothing, and shelter under
secure and healthy living conditions, might be considered a clear violation of Article 21 of
the Indian Constitution.17 As a result of several judicial decisions around the world, the scope
of Article 21 has increased and become more encompassing over time. Munn v. Illinois was a
watershed moment in the civil rights movement, when the meaning of life, which is now
recognised as a human right and a fundamental right in most civilised countries, was
expanded to encompass quality of life. Kharak Singh v. State of Uttar Pradesh 18, a key Indian
case, established the same principle. extended the meaning of the term "personal liberty" to
encompass more than only animal existence. In the case of Delhi Development Horticulture
Employees Union v. Delhi Administration 19, The Delhi Development Horticulture Laborers
Union was the plaintiff, while the petitioners were daily wager employees in the Jawhar
Rozgar Yojna who filed a case asserting their right to life. They maintained that their right to
life, as defined by Article 21, included the right to livelihood, and that they were thus entitled
to work. The Supreme Court ruled at the time that the Indian government had failed to find a
uniform and effective framework for implementing the right to livelihood as a basic right
under Part III of the Constitution. Instead, it shifted the burden to the Directive Principles of
State Policy, which are outlined in Part IV and lead the state through Article 41 20 to make
adequate provisions for safeguarding the same within the limits of growth, based on the
capacity of its economic resources.

In another instrumental judgement, D.K. Yadav v. J.M.A. Industries, the Hon'ble Apex Court
held that Article 21 of the Constitution, which lays down the fundamental right to life, also
includes the right to livelihood, and that no worker could be terminated from their service in
an unfair, arbitrary, or unlawful manner because that would deprive the person of their means
of earning a living.21

The Indian Constitution also includes Directive Principles of State Policy in Part IV (Article
38-51) to assist in fulfilling the Indian Preamble's aims of a welfare state, social, economic,
and political justice, as well as equality of opportunity and status. Article 39 of the
Constitution guarantees citizens the right to basic means of subsistence and requires the

17
INDIA CONST. art 21
18
Kharak Singh v. State of Uttar Pradesh (1963) AIR 1295, 1964 SCR (1) 332 (India)
19
Delhi Development Horticulture Employee’s Union v. Delhi Administration, AIR 2010 SC 6645
20
INDIA CONST. art 41
21
D.K. Yadav v. J.M.A. Industries, AIR 2015 SC 5564

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government to ensure equal remuneration for men and women doing the same job or
activity22. Articles 41 and 43 guarantee the right to work and secure salaries that allow for a
decent level of living. Despite the fact that Directive Principles of State Policy are not
enforceable in a court of law and citizens cannot go to court to seek protection from
violations of these rights, the landmark case of Minerva Mills Ltd. & Ors v. Union of India
gave DPSPs the same weight as Fundamental Rights and placed them on an equal footing. 23
For true realisation of enforceable fundamental rights, the principles stated in Articles 39(a)
and 41 must be given sufficient weight. The State's commitment to provide adequate means
of subsistence and the right to work to all citizens is accompanied by the unstated inclusion of
the right to livelihood within the broad umbrella of the right to life. Any denial of the right to
livelihood that is not done in accordance with legal procedures is a direct violation of Article
21's principles of right to life.

Legislative Provisions
On March 24, 2020, India's Prime Minister, Narendra Modi, issued a nationwide curfew for a
period of 21 days in order to prevent the spread of COVID-19, citing the rigorous application
of The Disaster Management Act, 2005. Almost every member of our democratic society can
see the influence of the same on a daily basis. The Act contains a broad definition of the term
"disaster," which is not restricted by its name and encompasses all man-made and natural
disasters that have caused or have the potential to cause human loss and suffering and are
beyond the control of society as a whole. The Act also creates Disaster Management
Authorities at the federal, state, and local levels. Non-compliance with the directions and
orders of the Central or State Governments, or any other agencies formed under the Act, is
punishable under Section 51 of the Disaster Management Act, 2005. The Epidemic Diseases
Act of 1897 was another piece of law in effect during the COVID-19 crisis. 24 The Epidemic
Diseases (Amendment) Ordinance, 2020, made changes to the law. The original Act, which
aimed to restrict and prevent the spread of harmful diseases, has been amended by the
ordinance to provide particular measures for healthcare workers fighting the deadly virus on
the frontlines. Safeguards and protection against any act of violence against healthcare
service workers are among the Act's primary components. Due to the contagious nature of the
sickness at hand, it also includes preparations for a quarantine facility. Despite the fact that
the legislation purports to cover all harmful diseases, the lack of a thorough definition of a
22
INDIA CONST. art 38-39
23
Minerva Mills Ltd & Ors v. Union of India (1980) AIR 1980 SC 1789
24
The Epidemic Disease Act, No. 3 of 1897, INDIA CODE (2013), Vol. 12

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dangerous disease casts doubt on the Act's usefulness and application to future diseases and
health disasters. Furthermore, the Act vests vast powers in government officials without
imposing any penalties or compensating them for their illegal conduct, leaving the door open
for abuse and arbitrary use of authority by the government and its agencies. The recent cases
of police violence that have come to light in 2020 have prompted a closer examination of the
punitive measures. The clause principally deals with any form of disobedience of commands,
summons, or directions issued by the State, which includes all public officials, according to
the language of Section 188 of the IPC. The sentence imposed by this rule, however, does not
imply violence towards the offender. Even if the disobedience or failure to undertake an act
mandated by the State is related to human life, health, or safety, as was the case with the
COVID-19 virus, the sentence cannot exceed 6 months in prison plus a fine, and only if the
Criminal Method Code's step-by-step procedure is followed.25

This further takes us to the notion that whether the police officers get an authority to
initialize the attempt of lathi charge in case of the irregularity of violators?

To this rhetorical question, the answer is no. At most, the police have the jurisdiction to
detain someone for failing to comply with the lockdown terms, and the criminal has the right
to be freed on bail if the crime is bailable. The use of lathi charges by police authorities and
the merciless beating of people who went out to get essential goods for their survival are
examples of major abuses of power by state authorities in order to mislead a riot, with the
people of the state who chose the government ultimately becoming the victims. In such
scenarios, what the majority of the general population can do is educate one another and
make them realise the rights and obligations that the Indian Constitution has bestowed upon
individuals, so that they understand what rights cannot be infringed upon if curfews are
imposed. The curfew is justifiable on the basis of public safety, but the excessive use of force
is not. If the curfew is viewed from the standpoint of public welfare, it can be justified on the
basis of social, secular, and republican principles; nevertheless, when force is used in such
circumstances, it is not acceptable.

Affirmative action
After much confusion and suffering, the Apex Court took suo moto notice of the daily pain
experienced by migrant workers, acknowledging their difficulties and choosing to issue some
orders in their favour. A group of 20 top advocates wrote a letter on May 25, 2020, describing

25
Code of Criminal Procedure, No. 2 of 1974, INDIA CODE (2002), Vol. 13

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the matter as a violation of fundamental rights and the migrant worker situation as a major
human rights disaster. Following this move, a three-judge bench of the Hon'ble Supreme
Court urged the Centre and State Governments to enable the free and safe repatriation of all
migrant workers who had been stranded away from their homes or villages and had no
method of returning. Several people in the country became aware of the unfolding situation as
a result of good media coverage. As a result, various Public Interest Litigations (PILs) were
brought, requesting that the Court of Law fulfil and correct specific demands. One such
appeal is Alah Alok Srivastava v. Union of India, which calls on the local administration and
police authorities to treat migrant workers with dignity.26

It also tries to ensure that needy labourers have access to food, water, medical treatment, and
a temporary shelter home/accommodation until the situation improves. At the territorial level,
administrations, particularly those of Kerala and Tamil Nadu, wasted little time in
establishing mechanisms such as direct benefit transfer and transfer plans to enable the
helpless cope as best they could with the emergency. While the national government has
announced an economic rescue package worth Rs. 1.7 lakh crore, this sum will not be
sufficient to address the severity of the problem. Furthermore, the accessibility and
availability of this quantity to unregistered migrant workers, who typically lack bank
accounts or ration cards, poses a critical concern and highlights the flaws in the system.27

Seeing the aftermath of the migrant crisis and its continuing financial suffering, the Lok
Sabha initiated three new labour bills in the month of September 2020 in an attempt to
consolidate, update and simplify laws relating to the matters of trade and commerce. Three
instrumental codes pertaining to the present matter came into existence after this major policy
change namely The Code on Social Security, 2020, The Occupational Safety, Health and
Working Conditions Code, 2020 and the Code on Wages (Central Advisory Board) Rules,
202128. With proper coordination and sound implementation at the ground level, the Indian
legal machinery can avoid the devastating after effects of an emergency situation such as the
migrant crisis of 2020 in future.

26
Madhunika Iyer, Migration in India and the impact of the lockdown on migrants
27
7 Pranab R. Choudhury, The Lockdown Revealed the Extent of Poverty and Misery Faced by Migrant
Workers, THE WIRE.
28
Madhunika Iyer, Migration in India and the impact of the lockdown on migrants

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CONCLUSION AND SUGGESTIONS
Given the worsening economic recession, the majority of these people are working in very
small and medium enterprises in the informal sector, in businesses that are on the verge of
collapsing. In these difficult times, it is equally critical to avoid the closure of these informal
sector businesses in order to maintain their existence. These businesses should be given
particular assistance, such as a government-sponsored economic package, to help them stay
afloat in difficult times. Most crucially, in the midst of a worsening economic recession, it is
critical to ensure that proper steps are done to soften the effects of the epidemic on the
working poor. This will require both the federal and state governments to work together, not
just to provide appropriate resources, but also to implement schemes that are tailored to the
current circumstances on the ground. Hundreds of thousands of migrant workers who did not
have job security or protection were forced to trek hundreds of miles back to their home
towns and villages, with some deaths along the way due to unemployment and money
problems, as well as the shutdown of public commodities and transportation. The crisis,
which claimed the lives and property of thousands of people in several states, brought to light
the inefficiency of our current laws and policies governing this segment of the population.
One bright lining to this predicament is that these incidents and the workers' misery were
widely covered by the media. The misery and inefficiency of policies would not have been
recognised at an early stage if COVID-19 had not imposed lockdown as a secondary effect.
Now is the time for statesmen, legislators, and policymakers to act on the newly disseminated
information and understanding about this human rights concern. Since the Industrial
Revolution, labour laws have evolved all across the world to improve working conditions and
living situations for the working class. The historical transition, on the other hand, does not
mean that the current policies are without problems. Laws are dynamic, and policies must
continue to evolve and become more inclusive in response to shifting social and economic
conditions. The corona virus's unexpected turn in our everyday lives has given us time to
contemplate, become more alert, and, most importantly, be as prepared as possible for any
potential damage to the social system in order to protect the dignity of citizens' lives. Despite
the doctrine of sovereign immunity and the fact that the virus could not have been stopped at
its source because it was beyond the Communist-Party-led nation's control, the nation must
be held liable for the costs that other great nations must bear as a result of the nation's
negligent conduct in failing to properly inform and give cautions or warnings about the
virus's transmission among humans, which could have prevented the massacre or at the very

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least revoked the massacre. As of March 14, 2021, the pandemic had claimed the lives of
over 26,40,349 people all around the planet.29

while major economies and developed nations have also been broken. China caused a
humongous aftermath which needs to be significantly realised by any way possible. If there
would be any case where justice should be done, then this should be it. In the sectorial sector,
the Micro Small and Medium Enterprises (MSMEs) which owes 30% contribution to
economic development, is now totally out of action. But the government has regarded
₹20,000 crores for this sector including other sectors like real estate, aviation, tourism and
automobiles which is a view that can pull up the economy back to its development process to
a certain level. The status of the health sector in India is in a crucial state and the impact of
the pandemic in such a populous nation digs a deep hole in its already suffering state. The
private health sector is facing a lot of challenges whether it is for the provision of ventilators,
manpower, hospital beds, testing, types of equipment, pharmaceuticals, or other consumables.
The impact of the migrant crisis during the COVID-19 pandemic must teach and serve as a
wake-up call to the concerned authorities to prepare for more efficient laws and policies for
the migrant labourers along with organised implementation at the ground level so that the
nation is better equipped to handle and contain any potential crisis that may arise in future.
To look on the brighter side, India is in its 12th month since the virus took over and the
journey has been a rollercoaster ride. With the great cooperation, dedication and selfless
efforts of doctors, government officials and manufacturers/workers ensuring us basic
necessities, the nation has witnessed an incredible recovery rate from the virus. According to
the live data released by the Union Ministry of Health and Family Welfare, the recovery
percentage of India as of 23rd December 2020 is 95.65%. However, it is important to note
that the crisis is not yet over as the workers are still facing the financial brunt of their
displacement even months after the lockdown. With the recognition and detection of a new
variant of SARS-CoV-2 virus by the United Kingdom government, there might be a
possibility of imposition of lockdowns or restrictions in future with grave impact and further
worsening of the situation of these migrant labourers. The adequate precautionary measures
need to be taken at this preliminary stage of a potential novel virus to avoid the fatal impacts
on the health and situations of people.

29
World Health Organisation, Coronavirus disease (COVID-19) Pandemic (21 Jan 2022, 12:00AM),
https://www.who.int/emergencies/diseases/novel-coronavirus-2019

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BIBLIOGRAPHY
Bare Act
 INDIAN PENAL CODE, NO. 45 OF 1860,
 THE DISASTER MANAGEMENT ACT, NO.53 OF 2005,
 THE ESSENTIAL COMMODITIES ACT, NO. 10 OF 1955,
 THE CONSTITUTION OF INDIA, 1950
 THE EPIDEMIC DISEASE ACT, NO. 3 OF 1897,
 CODE OF CRIMINAL PROCEDURE, NO. 2 OF 1974,

Cases
 State of Orissa v. Balaram Sahu, AIR 2008 SC 5165
 Kharak Singh v. State of Uttar Pradesh (1963) AIR 1295, 1964 SCR (1) 332 (India)
 Delhi Development Horticulture Employee’s Union v. Delhi Administration, AIR
2010 SC 6645
 D.K. Yadav v. J.M.A. Industries, AIR 2015 SC 5564
 Minerva Mills Ltd & Ors v. Union of India (1980) AIR 1980 SC 1789

Online Source
 Madhunika Iyer, Migration in India and the impact of the lockdown on migrants, (19
jan 2022, 10:00am), https://prsindia.org/theprsblog/migration-in-india-and-the-
impact-of-the-lockdown-on-migrants
 WHO Coronavirus Disease (COVID-19) Dashboard, WHO, (19 Jan 2022, 6:14 P.M),
https://covid19.who.int/
 Sengupta, A, Migration, Poverty and Vulnerability in the Informal Labour Market in
India, 4 TBDS, 99, 110-116 (2013)
 Amlegals, COVID-19 Outbreak: How About Essential Commodities, (19 Jan 2022,
10:20 P.M), https://www.mondaq.com/india/operational-impacts-and-
strategy/928382/covid-19-outbreak-how-aboutessential-commodities
 Sunanda Sen, Rethinking Migration and the Informal Indian Economy in the Time of
a Pandemic, THE WIRE, (20 Jan 2022, 9:14 A.M),

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 https://thewire.in/economy/rethinking-migration-and-the-informal-indianeconomy-in-
the-time-of-a-pandemic
 Meghnad Desai, Informal Work, 48(3) IJIR 387, 387-389 (2013)
 Ministry of Labour and Employment,(20 jan 2022, 12:34 P.M),
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 Pranab R. Choudhury, The Lockdown Revealed the Extent of Poverty and Misery
Faced by Migrant Workers, THE WIRE.
 World Health Organisation, Coronavirus disease (COVID-19) Pandemic (21 Jan
2022, 12:00AM), https://www.who.int/emergencies/diseases/novel-coronavirus-2019

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