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PROTECTION OF HUMAN RIGHTS OF WORKERS IN INDIA: A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO COVID-19 PERIOD
Authors
Pankaj Kumar
Downlaod Center
Keywords
(i) Human Rights- Basic rights and freedoms belonging to every person from birth until death. (ii) Pandemic- An outbreak of a disease that occurs over a wide geographic area and typically affects a significant proportion of the population. (iii) ILO- International Labour Organization (iv) Adjudication- Legal ruling or judgment. (v) Migrant Labour- A person who moves from his native place to find work.
Abstract
The modern concept of labour rights dates to the 19th century after the creation of labour unions following the industrialization process. Indian labour laws are closely connected to the Indian independence movement and the campaigns of passive resistance leading up to independence. The growth of labour law and industrial jurisprudence in India subsequent to 1950 bears close resemblance to the growth of constitutional law. The constitution is the touchstone for any act passed in our country. It has, through directive principles of state policy and fundamental rights, provided safeguards to protect the interest of weaker and disadvantaged class of labour. During the unprecedented global crisis resulting from Covid-19 pandemic, workers became one of the most vulnerable groups in India. Since March 24, when the first lockdown was announced and all transport came to a standstill and people were locked up in their homes, these very workers were yearning to go back home in the absence of any means of their wages, unable to buy food or pay rent to their landlord. Most host states, that benefit from the hard work and labour of these "guest" or "migrant" workers, have just not been able to instill a sense of trust, leave alone give these workers what they demanded in this moment of pandemic driven crisis: some transparency and communication forget a life of dignity which would let them earn through their hard work and provide for their families. The massive human tragedy as lakhs of migrant workers found themselves stranded during the lockdown, without any means of getting food or work. Indian judiciary in the process of judicial interpretation has played a creative role in protecting the interest of bonded labour, child labour, contract labour, women workers, labour getting less than minimum wage and labour becoming jobless on closure of establishments by invoking the new concept of public interest litigation especially during the pandemic period.
The courts in India have elaborated the notion of social justice and sought to ensure just and humane conditions of work in this hard time. Through this research paper, the author has made an attempt to find out the gravity of the truth relating to protection of human rights of workers in India specifically during the Covid-19 pandemic period. In this work, the author has adopted the doctrinal research method and consulted the various study material like research papers, journals, reports, books and authenticated information available on different websites.
IJCRT's Publication Details
Unique Identification Number - IJCRT2103080
Paper ID - 203472
Author type - Indian Author
Page Number(s) - 608-616
Pubished in - Volume 9 | Issue 3 | March 2021
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No Of Downloads - 1427
Author Country - India, 151203, Faridkot, Faridkot, 151203, Others area
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Pankaj Kumar, "PROTECTION OF HUMAN RIGHTS OF WORKERS IN INDIA: A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO COVID-19 PERIOD", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.9, Issue 3, pp.608-616, March 2021, Available at :http://www.ijcrt.org/papers/IJCRT2103080.pdf
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