Mainstream Weeklyby Nayakara Veeresha
27.05.2020
Keywords: Alienation, Governance, Labour, Rights and Law
The novel corona virus (Covid-19) has affected the economy severely apart from the health crisis resulting in growth slowdown of major sectors. The agriculture, automobile, hotel, travel and tourism, manufacturing and services sectors are at the receiving end where in the production process has stagnated and curtailed the delivery of essential and non-essential goods. The national lockdown in India has costed the economy of $235 billion as per the estimation of Barclays company. Similarly, according to the Chicago Booth’s Rustandy Center for Social Sector Innovation which analysed the data from the Center for Monitoring Indian Economy (CMIE) has observed that more than 84 percentage of households in India has lost income during the lockdown period.
In this backdrop of suspension of economic activities, some of the state governments have passed ordinances and regulations regarding the labour laws operation and its application. The states of Assam, Goa, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan, Uttarakhand and Uttar Pradesh have made changes in the existing labour laws. The purpose and motivation of these steps are broadly is (i) to provide the employment for the workers who returned to their homes due to the Covid-19 pandemic (ii) to create the conducive environment in the state to revive the economic activities and (iii) to regain the industrial investments.
Soon after promulgation of these ordinances and state regulations in labour laws, trade unions across the country, progressive industrial statesmen like Mr. Azim Premji has condemned these suppressive steps which are contrary to the standards of International Labour Organisation (ILO) and the Fundamental Rights and Directive Principles of State Policy (DPSP) enshrined in Articles of 16, 19, 23, 24, 39, 41, 42, 43, 43A & 54 of the Indian Constitution. Many Public Interest Litigation (PILs) were filed in the respective state high courts and the Supreme Court. The Allahabad High Court has sent notices to the Uttar Pradesh government following which the state has withdrawn the provision of extension of working hours (i.e., from 9 to 12hours).
Article 23(1) of the Indian Constitution explicitly prohibits any form of forced labour including the bonded labour. Labour reforms are the one of the agendas of the National Democratic Alliance (NDA) regime. Some of the efforts were made to simply the labour laws in the form of Indian Labour Code (ILC). Labour is a subject in the Concurrent List and hence both union and state governments are competent to enact legislations pertaining to the labour welfare. The entry 24 of the Concurrent List specifically mentions provisions for the “welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits