Recognising The Migrant

Context:  The recent NITI Aayog’s draft Migrant Labour Policy (MLP), which intent to better recognise migrants’ contribution to the economy, while is a welcome step, need to acknowledge some concerns.

Positive aspects of draft MLP

  • Presented radical ideas:
    • Adoption of a rights-based approach.
    • Establishing an additional layer of institutions: To create a more enabling policy environment.
    • Proposed for a new National Migration Policy.
    • Formation of a special unit within the Labour Ministry:  To work closely with other ministries, helping in a universal understanding of the causes and effects of migration as well as the interventions needed.
  • It presents some healthy discussions:
    • On Indian laws: like Bonded Labour Act, the Building and Other Construction Workers Act and the Interstate Migrant Workmen Act, among others.
    • On International initiative related to labour rights: Like International Labour Organization’s (ILO’s) Decent Work Agenda, the Sustainable Development Goals (which aim to protect labour rights).
  • Presented some suggestions:
    • Improve implementation of labour laws.
    • Improve the data collection on short-term migration to enhance the welfare of migrant labours.

Issues with draft NLP:

  • Does not identify the causes for poor implementation of labour laws: E.g. bonding the labours through the notorious system of advances.
    • Reasons for the existing unfair recruitment practices are not dealt with.
  • Does not address gender differences in employment: The policy does not explicitly mention the challenges faced by domestic workers (mostly migrant women).
    • India has not ratified the ILO Convention on Domestic Workers, and The Domestic Workers Bill 2017 has not become law.
  • Controlling tribal migration: It goes against the objective of recognising migrant agency to help tribal migrants to access the opportunities offered by migration. 
Conclusion: The draft policy is a good start which could, with a few adjustments, reduce the vulnerability and risks faced by labour migrants and ultimately build a more sustainable model of development.