Why India's Legal and Labour System Needs to be Reconfigured to Really Help Migrant Workers :
“ If the law is there, then why was it not implemented? If the migrants are entitled to a dislocation allowance then why was it not given to them? In fact, why were even the monies due to them not paid? If the contractor who hires them is to be licensed then how did he disappear deserting them and leaving them to fend for themselves? Why were health facilities and other basic amenities not provided? If even some of this would have happened, then we may have been able to hold back these workers from embarking the journey back home. The answer is that the Act is in many ways obsolete and hardly enforced anywhere. One may wonder, how is that even possible, but that is the harsh reality.”
Barbara Harriss-White suggests that it is a deliberate policy:” So much for policies of apparently deliberate state inaction. When we turn to active policies, the direction of travel is obvious: states seizing opportunities to fast-track reforms to formalise de jure punitive practices that have operated de facto for years. Labour Law reforms in some states enable the working day to be formally lengthened to 12 hours, and overtime pay to be made unnecessary. Elsewhere they have been waived for three years. Minimum wages have been reduced. Reforms to Agriculture are being enacted at speed to incentivise contract farming by agri-business and to enable reverse tenancies, in which small landholdings are consolidated by large tenant enterprises expected to benefit from economies of scale. As the transport of marketable surpluses is dislocated by the lockdown, reforms relaxing the states’ Agricultural Produce Markets Acts are pushed through to incentivise the use of ‘e-NAM’ (NationalAgricultural Markets) – just as though e-markets can substitute for real markets for more or less perishable material supplies. A new wave of environmental assaults is also being reported. Hard-won citizens’ rights such as those to food and livelihood are being denied. The newly announced relief package is mostly an exercise in re-labelling allocations already made. The autonomy of bankrupt state governments is under attack as they reel under the weight of responsibility for ‘disposable people’: the country’s federal structure is being weakened.”
“ If the law is there, then why was it not implemented? If the migrants are entitled to a dislocation allowance then why was it not given to them? In fact, why were even the monies due to them not paid? If the contractor who hires them is to be licensed then how did he disappear deserting them and leaving them to fend for themselves? Why were health facilities and other basic amenities not provided? If even some of this would have happened, then we may have been able to hold back these workers from embarking the journey back home. The answer is that the Act is in many ways obsolete and hardly enforced anywhere. One may wonder, how is that even possible, but that is the harsh reality.”
Barbara Harriss-White suggests that it is a deliberate policy:” So much for policies of apparently deliberate state inaction. When we turn to active policies, the direction of travel is obvious: states seizing opportunities to fast-track reforms to formalise de jure punitive practices that have operated de facto for years. Labour Law reforms in some states enable the working day to be formally lengthened to 12 hours, and overtime pay to be made unnecessary. Elsewhere they have been waived for three years. Minimum wages have been reduced. Reforms to Agriculture are being enacted at speed to incentivise contract farming by agri-business and to enable reverse tenancies, in which small landholdings are consolidated by large tenant enterprises expected to benefit from economies of scale. As the transport of marketable surpluses is dislocated by the lockdown, reforms relaxing the states’ Agricultural Produce Markets Acts are pushed through to incentivise the use of ‘e-NAM’ (NationalAgricultural Markets) – just as though e-markets can substitute for real markets for more or less perishable material supplies. A new wave of environmental assaults is also being reported. Hard-won citizens’ rights such as those to food and livelihood are being denied. The newly announced relief package is mostly an exercise in re-labelling allocations already made. The autonomy of bankrupt state governments is under attack as they reel under the weight of responsibility for ‘disposable people’: the country’s federal structure is being weakened.”
No comments:
Post a Comment