Uncaring States

Context – Constitutional validity of the economic reforms taken by Government during COVID crisis needs evaluation.

These amendments must be in consonance with the fundamental rights guaranteed to labour, as also the Directive Principles of State Policy, which enjoin the state to further the interests of labour in its policies.

Steps taken by Government and its constitutional validity

• Karnataka Government attempts to restrict migrant labours from returning home. 
• Against the Article 19 (1) (d): provides for right to move freely throughout the territory of India.
• Gujarat Government contemplating on issuing disciplinary action on migrant labourer who have returned to their home state.
• Violates Article 23: provides a “right against exploitation” prohibiting human trafficking, begar, and forced labour. 
• Violates Article 21: In PUDR vs Union of India case, the Supreme Court held “laws protecting contract labour and inter-state migrant workers intend to ensure basic human dignity”. 
• Violates Article 23: “forced labour”, prohibited by Article 23, includes not just physical force but also the threat of imprisonment or fine.
• Uttar Pradesh has temporary exempted certain labour laws for next three years with some exception.
• Enacted through promulgating ordinance. 
• Violates Article 19(1) (c): Abrogation of The Trade Unions Act, 1926 (right to form associations, including a trade union, is a fundamental right) 

Amendment of Labour Laws by Union Government

• Union Government introduced the Industrial Relations Code (IRC) in the Lok Sabha in April 2019 replacing the Industrial Disputes Act, 1947, the Trade Unions Act, 1926, and the Industrial Employment (Standing Orders) Act with a unified code.
• Though criticised, but provides a platform for consultation with stakeholders.

Constitutional obligation of Government

• The Directive Principles of State Policy (DPSP), though unenforceable, are constitutionally mandated goals for the State to work towards when making laws. 
• Article 39: State to ensure “operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. 
• Article 41: to make effective provision for securing the right to work.