Right to Social Security of Interstate Migrant Workers with Special Reference to the Interstate Migrant Construction Workers in Kerala

Abstract

State of Kerala hosts a substantial migrant work force. The major chunk of construction workers in Kerala belong to internal migrants. The development of communication and transport facilities has accelerated the labour migration to Kerala in an unprecedented way. Interstate labour migration has positive effect on the development of the State. It helps the economy to fill up the labour deficit. Employers get cheap labour. The Parliament has enacted a special statute for the protection of interstate migrants namely, Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act. There is a legislation known as Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act to ensure the social security of construction workers. The international community has contributed to the promotion and codification of social security rights through institutions like UNO and ILO. The UN Convention on the Rights of Migrant Workers and Members of their Families guarantees the human rights of migrant workers and their families during the entire process of migration. The Declaration on Fundamental Principles and Rights at Work (1998) provides that all the member states of ILO have the obligation to fulfil the core labour rights like freedom of association, freedom from discrimination, freedom from forced labour and freedom from child labour. India being the founder member of ILO, has the obligation to implement these rights irrespective of ratification. ILO has recognised nine branches of social security namely unemployment benefit, sickness benefit, invalidity benefit, employment injury benefit, maternity benefit, family benefit, loss of earning member, medical benefit and old age benefit. Despite the legal protections, the interstate migrant construction workers do not receive social security benefits. newline