Abstract
The affair of migration is as old as human civilization. Migration is the movement of people away from their usual residence. The migration can be internal (within the country) or international (across countries) borders. Earlier, the reason for the migration was because of war, terrorism, persecution, natural disasters, and climate change. But in recent years, people have also migrated to get an education, a livelihood, and other reasons. According to the last Census of 2011, India had 45.6 crore migrants, i.e., 38% of the country’s total population. COVID-19 dislocated human mobility by shutting down national borders and halting travel worldwide. COVID-19 has shattered the concept of ‘Life, work, and society’ and created challenges for the migrants. One of the issues during the pandemic was that the responsibility to take care of the migrants was with the states or of the center, and in the case of the states, whether the original State from where the people migrated or the State where the migrated people were getting their livelihood. The chapter argues that the rights bestowed upon migrant workers under the Indian constitution were breached extensively during the lockdown. Also, there needed to be more cooperation and coordination between the Centre and the State regarding law enforcement and promptly tackling the situation. The chapter also discusses the status of Migrants and whether it was the Centre or States’ responsibility to provide relief and redressal to the migrants during an unprecedented situation.
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Notes
- 1.
Total 6,955,141 deaths have been reported to WHO due to COVID 19 all over the world and especially in India 5,31,922 deaths have been reported. https://covid19.who.int/.
- 2.
World Health Organisation, COVID-19 transmission and protective measures, WHO, September 21, 2022.
- 3.
Saheli Roy Choudhury, India temporarily suspends almost all visas and closes land border with Myanmar, CNBC, Mar.12,2020.
- 4.
Lockdown, social distancing, maintain cleaning etc.
- 5.
- 6.
Migrant worker Rakesh Kumar worked as an electrician in Bengaluru he stated that the halting of the trains and shutdown made him a beggar. He stated standing in queues for food every day was “a humiliation for a lifetime”.
- 7.
Another migrant stated “The government did not give us anything and the food we got was from charities. Even to get that, we faced discrimination, getting first preference,” he said. “Being a migrant became a curse.”
- 8.
Pankaj Kumar Naik Department of Economics, Vikram Deb College, Jeypore, Odisha, India Sonal Ann D’souza Centre for the Study of Regional Development, Jawaharlal Nehru University, New Delhi, India https://www.ilo.org/wcmsp5/groups/public/dgreports/inst/documents/genericdocument/wcms_818055.pdf.
- 9.
UNESCO, 2019.
- 10.
Census 2011.
- 11.
Supriyo De, Internal Migration in India Grows, But Inter-State Movements Remain Low, WORLD BANK BLOGS, December. 18, 2019.
- 12.
Census 2011; PRS.
- 13.
Census 2011; PRS.
- 14.
Udayamimitra, Mapping of entrepreneurial opportunities, Grant Thorton, June 2021.
- 15.
Census 2011.
- 16.
- 17.
Yamini Aiyar is president and chief executive, Centre for Policy Research. Mekhala Krishnamurthy is a senior fellow and director of the State Capacity Initiative, CPR, and associate professor, Ashoka University.
- 18.
National Sample Survey Organisation Ministry of Statistics and Programme Implementation Government of India Sept. 2001.
- 19.
The introduction of “Mahatma Gandhi National Rural Employment Guarantee Act-2005”, (MGNREGA-a scheme that aims to provide at least 100 days of employment guarantee to every adult member of a rural household who volunteer to do unskilled manual work.
- 20.
As amended “the Inter-State Migrant Workmen (ISMW Regulation of Employment & Conditions of Services) Central (Amendment) Rules, 2017”.
- 21.
Indian Const. art. 245–246.
- 22.
The Epidemic Diseases Act, empowers both the central and state governments to regulate the spread of epidemic diseases. According to the act, the Union is empowered to take preventive steps with respect to epidemic diseases at ports of entry and exit. At the same time, it also empowers the state governments to take preventive and regulatory measures to curb the spread of epidemic diseases within their own jurisdiction. Consequently, the act enables states to impose bans on public gatherings, close educational institutions including schools, colleges and universities, and instruct companies to devise work from home strategies within their territories.
- 23.
The Disaster Management Act-2005 is rooted in Entry 23 of the concurrent list of the Indian constitution, namely, “Social security and social insurance, employment and unemployment”, thereby empowering all tiers of government to contribute to disaster management and mitigation. The act enabled both the central and state governments to impose a complete lockdown and regulate the movement of people.
- 24.
Differences of opinion, such as those over designating containment zones or methods to count the Covid infected, were swiftly sorted out. Such cohesion has, unfortunately, been at a premium at critical moments in the past three months. The Centre and some Opposition-ruled states have not been on the same page over vaccine allocation, oxygen shortages have created discord and chief ministers have complained of not being heard.
- 25.
Ibid.
- 26.
Ibid.
- 27.
The Wire Staff, Supreme Court Takes Note of Migrant Workers’ Problems, Asks Govts to Respond on Steps Taken, May.26,2020. https://thewire.in/law/supreme-court-migrant-workers-activists.
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Srivastava, D.K., Kaur, B. (2024). COVID-19 and the Indian Migrant Workers—Citizens of States or Citizens of Nation?. In: Bari, M.E., Shankar, U. (eds) Human Rights During the COVID-19 Pandemic. Springer, Singapore. https://doi.org/10.1007/978-981-97-1480-3_9
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