28th March 2020, while India sits put in their home due to a nationwide government mandated lockdown, a certain section of society has taken to the roads in contrast to the restrictions in place, the ordeal is broadcasted national television, hundreds watch as millions of people are forced to start a journey home. These are the migrant workers of India, one just a statistic, they now stood in plain sight; casting light on the section of society too often overlooked and forgotten.
The Covid-19 Migrant Worker Exodus
The exodus of 2020 and many that followed due to Covid-19 brought to light the plight of the migrant workers of India, their situation was both staggering and unfortunate, leaving them in an extremely vulnerable position; forced to choose between returning home with no means of transportation or facing starvation due to a lack of work.
Key Questions on Migrant Workers
It is believed that roughly more than one crore migrants returned home during the first wave of Covid-191, the actual estimate believed to be much higher, several questions arise here : Where did they come from? Why is such a huge number of people forced to work so far from home and how come they are not talked about?
Migrant Worker Statistics in India
According to the Census 2011, there were 4,14,22,917 migrant workers in India2, their figure as of today remains a question yet to be answered, owing to the fact that census has not been conducted since. India has always had a huge, invisible workforce moving interstate.
Statistics Overview
| Data Point | Details |
|---|---|
| Census Year | 2011 |
| Total Migrant Workers | 4,14,22,917 |
| Estimated Return During Covid-19 | More Than One Crore (First Wave) |
| Current Data Status | Unavailable (No Recent Census) |
Categories of Migrant Workers
There are several categories of migrant workers :
1. Intra-State Migrant Workers
These people move within the state i.e they travel from one district, town, village to another but remain with state boundaries due to reason of consolidated areas of employment and opportunities within a state
2. Inter-State Migrant Worker
These are the ones who leave their home states and move across state borders, more often than not for the informal nature of work, these are people driven out of home states to industrial states or states witness urban growth
3. International Migrant Worker
People who travel across country boundaries in search of work and livelihood.
- India witnesses international migration of semi skilled, unskilled workers
- Majority leave to work in Gulf countries.3
4. Seasonal Migrant Worker
People who temporarily move from their home place to another during a particular or specific season,only to return when the work period comes to an end, these movements are cyclical and repetitive. Reason being a lack of year round employment opportunities
5. Permanent Migrant Worker
These people move out of their place of origin, travel and settle at another place for an indefinite amount of time. They are driven by concerns of standard of living and livelihood in totality.
Challenges in Data and Estimation
Even at its most comprehensive, the consensus falls short to tally the true figures due to a combination of various factors such as unpredictable mobility of the people, old and flawed methodologies, and the informal, uncertain nature of work that this section of society takes after.
Migration Patterns Across States (Census 2011)
The obvious pattern as seen in migration across states vary, There is rural to rural migration which are most often seen in migrant workers who engage in agricultural sectors, rural to urban migration often seen due to industrialization and urbanization, urban to urban migration which is a result of displacement of industries and is very uncommon, and lastly urban to rural migration seen in seasonal migrations or due to events such as the exodus of 2020 Covid era. Following table provides for the most out-in migrants across states :
Source States – Out-Migrants (For Employment)
| State | Out-Migrants |
|---|---|
| Uttar Pradesh | 10,90,881 |
| Bihar | 12,58,360 |
| Rajasthan | 5,00,481 |
| Madhya Pradesh | 2,18,947 |
| West Bengal | 4,62,207 |
| Odisha | 2,40,038 |
| Jharkhand | 3,02,720 |
| Chhatisgarh | 1,67,340 |
| Assam | 1,06,442 |
| Tamil Nadu | 90,999 |
Destination States – In-Migrants (For Employment)
| State | In-Migrants |
|---|---|
| Maharashtra | 9,71,975 |
| Delhi | 4,68,298 |
| Gujarat | 8,87,002 |
| Haryana | 6,79,763 |
| Karnataka | 4,66,951 |
| Tamil Nadu | 7,36,821 |
| Punjab | 5,38,328 |
| Andhra Pradesh | 8,90,697 |
| Kerala | 3,34,181 |
| West Bengal | 4,94,609 |
Sectors-Areas That Employ Migrant Workers
Most of the migrant workers are engaged in sectors where there is high demand for flexible, low cost labour ; such as :
- Agriculture
- Construction
- Manufacturing and factories
- Brick Kilns
- Mining and Quarrying
- Domestic Work
- Hospitality and services
- Transport and logistics
- Street vending and informal trade
- Plantation
Living Conditions : The Ground Reality
Migrant workers are believed to be the backbone of the industrial and urban growth of the country but they remain the most insecure and least protected section of society despite their huge number and immense contribution. While often their movement is to seek a better standard of life and means of livelihood to sustain themselves, the ground reality of destinations they reach remain grim and bleak for many. They remain economically, socially marginalized
Elements of difficulties in their day to day life include :
A. Housing and Living Condition
Majority of the people reside in temporary shelters often slums setup near or around the workplace, some even resort to live on their worksites such as constructions sites and kilns due to lack of access to permanent affordable housing at their destinations, these residences therefore naturally lack basic amenities such as clean water, toiletry and sanitation facilities, access to electricity. They make do with what they have and more remain under constant threat and peril of displacement.
B. Employment Conditions
Majority of the workforce are occupied in unorganized, informal sectors of work which remain notorious for their work conditions, they lack proper work contracts hence no set of code of conduct, workplace security or welfare clauses, workers often face irregular/delayed payments, long hours of work without breaks and are laboured under unsafe and risky positions.
C. Financial Insecurity
Wages paid to workers is often very less and at times part of it is wolf downed by middlemen or contractors, they face wage theft, wage cut, delayed payments and are often forced into in debt cycles, they put up a life with hand to mouth earning with no chance of financial security to fall back onto, independence or opportunities to create savings or accumulate funds
D. Lack of Education, Health-Safety and Welfare Schemes
Children of these workers are forced to dropout of schools and institutes in order to cope with the mobility of the faction, their lack of academic pursuits means they are swayed into the work alongside their parents ultimately starting as early as adolescents , In addition to such Migrant workers have limited access to proper healthcare, insurances despite working under dangerous conditions constantly being prone to accidents, exposure to extreme work environments, not to mention frequently with a poor nutrition rich diet and exhaustions, there also remains a rarity of effective welfare schemes pertaining to ration, pension etc
E. Social and Cultural Challenges
From away from their home place in surroundings new to them, they face social issues such as language barriers, discriminations, they are seen as inferiors and treated as such, they lack an identity tying them to the place and face exclusions, they are subject to abuse and even violence, especially women who makeup for a significant portion of the workforce, they remain vulnerable to exploitation and even pay cuts compared to men.
Law and Legislations Pertaining to Migrant Workers
Older Laws
India has had various scattered laws and legislations for and under which ambit migrant workers are concerned as of 2026, the GOI has introduced consolidated laws
- Payment of Wages Act, 1936
- Minimum Wages Act, 1948
- Contract Labour (Regulation and Abolition) Act, 1970
- Equal Remuneration Act, 1976
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
- Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- Unorganised Workers’ Social Security Act, 2008
Latest Laws
In an effort to consolidate and make governing and administrating labour laws of the state, GOI introduced 4 new labour laws under which all labour workforce falls collectively, these also make easy access to justice for the stakeholders to seek remedies and relief inclusively with lesser legal hurdles
- Code of Wages 2019
- Industrial Relations Code, 2020
- Occupational Safety, Health and Working Conditions Code, 2020
- Code on Social Security, 2020
Key Changes Under New Labour Codes
| Area | Old Laws | New Labour Codes |
|---|---|---|
| Who is a migrant worker? | Only workers hired through contractors and counted by recruiters, self-migrated workers were excluded | S.2(1)(zf) OSHWC – Expanded definition including directly hired workers, contractor hired and self migrated workers. |
| Worker database | No government mandated registry/ study | S.21 & 64 OSHWC – Mandatory national portal for recording inter-state migrant worker data, study and tracking of migrant workers |
| Appointment letter | No mandatory written appointment | S.6(f) OSHWC – Every employer must issue an appointment letter to every employee specifying wages, role and other social security entitlements |
| Journey Allowance | Existed only in principle | S.61 OSHWC – Employer must pay for lump sum annual fare for to-and-fro journey to native place |
| Ration card (PDS) | State-specific | S.62(a) OSHWC – Migrant workers can avail PDS benefits either in their native state or destination state (One Nation, One Ration Card) |
| Cess fund for construction workers | Building and construction cess fund only available in home state | S.62(b) OSHWC – Migrant construction workers can access cess fund benefits in the destination state |
| EPF/ESI Benefits | Available but not portable across states | S.60(3) OSHWC – EPF, ESI and PF benefits extend across states to inter-state migrant workers |
| Health Checkups | No provision | S.6(c) OSHWC – Free annual checkup mandated |
| Accident Reporting | Obligations unclear for inter-state workers | S.60(b) OSHWC – In cases of accidents-deaths, employers must report the same to authorities for both the home and destination state |
| Helpline | None dedicated for migrant workers | S.63 OSHWC – Government to operate a dedicated toll free helpline for interstate workers. |
Schemes
I. One Nation One Ration Card (ONORC)
Under the ambit of National Food Security Act 2013, this scheme enables migrants to access subsidised ration anywhere in India regardless of homestate.
II. Pradhan Mantri Garib Kalyan Anna Yojana
Launched in year 2020 during the covid pandemic, it provides for free food grains to especially vulnerable households, initially introduced as emergency relief scheme it has now taken a shape of a larger welfare initiative.
- Antyodaya Anna Yojana (AAY) households – the poorest families, receiving 35 kg of food grains per month.
- Priority Households (PHH) – receiving 5 kg per person per month.
III. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)
Enacted in the year of 2005, MNREGA remains one the largest public employment and social welfare programs, it provides of a minimum of a 100 days of wage employment per financial year.
IV. Garib Kalyan Rojgar Abhiyaan
Launched under the dire conditions of Covid 19 to provide for immediate and necessary means of livelihood to migrant workers returning to their hometown due to lockdown.
Focus States:
- Bihar
- Uttar Pradesh
- Madhya Pradesh
- Rajasthan
- Jharkhand
- Odisha
V. E-Shram Portal
Launched in 2021, it serves to provide for a national database for unorganised workers to ensure they are able to access and be recognized as beneficiaries to social security benefits and welfare schemes in the nation.
- Records occupation, skill address of worker
- Provides 12 digit UAN Universal Account Number
- Functions as a single window system
VI. Pradhan Mantri Shram Yogi Maandhan Yojana
Launched in 2019 in a central pension scheme to provide security to old age income to unorganised sector workers.
- Contribution: 55 to 200 Rs depending on age
- Benefit: Rs3000/- per month after 60 years
VII. Affordable Rental Housing Complexes (ARHC) Scheme
Launched under Pradhan Mantri Awas Yojana, 2020 aims to provide affordable rental housing to urban migrant, economically vulnerable workers.
VIII. Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana
Launched in 2018, it is an govt funded health coverage for economically vulnerable families universally.
- Coverage: Rs 5 lakh per family annually
- Scope: 1900 health procedures
IX. Pradhan Mantri Suraksha Bima Yojana
Launched in 2015 with an aim to provide affordable annual coverage for accidental death and disabilities.
X. Deen Dayal Upadhyaya Grameen Kaushalya Yojana
Launched in 2015, it aims at transforming rural poor youth into skilled independent workforce.
- Industry relevant training
- Guaranteed job placements
Importance Of Enforcement
No number of laws and schemes can bring about change without its efficient enforcement, it is important to note that many migrant workers belong to vulnerable socio-economics sections of society.
The Way Forward
Database Gap
In terms of factual data, the figures are all but 15 years obsolete, given that the last consensus was done in 2011.
| Issue | Description |
|---|---|
| Outdated Census | Last conducted in 2011 |
| Data Gap | Lack of reliable migrant worker statistics |
| Need | National migrant database |
Notably E-Shram portal has registered about 30,74,15,507 unorganized workers as of March 20254 but lacks specific migrant worker statistics.
Political Representation
There needs to be talk about migrant workers and their rights as a serious agenda.
Enforcement Of Laws
India has several key legislations pertaining to migrant workers but they need to be rigorously enforced.
State Coordination And Cooperation
It is imperative that all states cooperate as migrant worker issues are interconnected.
The Only Long-Run Solution: Employment Generation
The core reason for migration is lack of employment opportunities in home states.
- Need for local employment generation
- Skill development initiatives
- Reducing forced migration
Conclusion
In an unexpected turn of events, the pandemic brought before our eyes an issue that long remained buried, the predicament of those who sustain daily life systems.
Even after repeated discussions, the reality remains unchanged; migrant workers continue to lead their lives burdened by hardships and injustices.End Notes:
- www.thehindu.com/news
- www.data.gov.in/resource/stateut-wise-number-persons-who-moved-work-and-employment-census
- censusindia.gov.in/census.website/data/census-tables
- www.mea.gov.in/lok-sabhal/40391/QUESTION-NO-982IndianMigrantWorkersInGulf
- www.data.gov.in/resource/stateut-wise-total-number-unorganised-workers
- mohua.gov.in/upload/ReportOfWorrkingGroupOnMigrantWorkers
- eacpm.gov.in/wp-content/uploads/2024/-Internal-Migration-Project.docx-Publication-Version.
Written By:
- Ashra Islam, 4th Law Student MAIMS, GGSIPU Delhi. &
- Gauransh Batra, 4th Law Student MAIMS, GGSIPU Delhi.
