SOCIAL SECURITY FOR GIG AND PLATFORM WORKERS IN INDIA: AN ANALYSIS THROUGH THE INDIAN KNOWLEDGE SYSTEM AND CONSTITUTIONAL VALUES

The rapid evolvement of India’s digital landscape has transformed the nature of employment by generating new forms of work facilitated through digital platforms. Gig and platform work, mediated by companies such as ride-sharing, food delivery, e-commerce, and in-home services platforms, has created significant employment opportunities while at the same time exposing workers to uncertain working conditions, income insecurity, and lack of social protection. Unlike workers in traditional employment relationships, gig and platform workers often operate outside the employer-employee framework, resulting in limited access to social security benefits such as health insurance, maternity benefits, old age protection and retirement security. Although the Code on Social Security, 2020 represents a notable legislative development by recognizing gig and platform workers as different categories of workers, many concerns regarding the implementation, scope and enforceability of the proposed social security framework. Therefore, the problem lies not merely in recognizing these gig and platform workers but in ensuring that statutory recognition translates into peaceful social and economic security.   The paper analyses the constitutional vision of labour welfare reflected in the Preamble, Fundamental rights, and Directive Principles of State Policy, focusing the principles of equality, dignity, social justice, and the State’s duty to promote the welfare of the workers. It further reflects how these constitutional ideals accord with concepts within the Indian Knowledge System, including Sarva Jana Hitaya, Sarva Jana Sukhaya (the welfare and happiness for all), Dharma as a concept of ethical responsibility, and customs emphasizing human dignity, collective welfare, and accountable administration. Instead of treating these philosophical concepts as complementary to constitutional law, this paper argues that they provide an important legal foundation competent of enhancing modern labour policy and promoting a more comprehensive understanding of worker’s rights in new forms of employment.   Undertaking a Doctrinal research methodology, the study tackles a critical analysis of the Code on Social Security, 2020, constitutional provisions, judicial precedents, parliamentary and policy reports relating to labour rights, platform work, and social security. It also relies on selected related developments from foreign jurisdictions regarding the regulation of gig and platform workers to identify best possible measures that may lead to future reforms in India. The paper assesses the practical challenges affecting the enactment of social security measures, including uncertainty in employment classification, fragmented regulatory responsibilities, limited employer liability, and the absence of inclusive institutional procedures for enforcement.   The paper argues that while the legislation of Code on Social Security, 2020 provides statutory recognition to gig and platform workers, the existing framework remains insufficient to ensure accessible social security protection. The paper further also argues the constitutional values such as dignity, social justice, welfare should be considered along the Indian Knowledge System such as Dharma, Sarva Jana Hitaya serves as a foundation to strengthen social security framework. The findings of the study enhance the existing statutory reforms, digital employment platforms, and alternative employment structures. This study propounds strategic recommendations for policymakers and digital platform managers that protects the dignity, welfare, and rights of gig and platform workers in India's evolving world of work.

Authors: UTKARSH YADAVRegistration ID: 1013450 | Published Paper ID: IJLRA13450Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2261-2279