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CHALLENGES AND VULNERABILITIES OF FEMALE MIGRANT LABOURERS IN INDIA: LESSONS FROM THE RECENT PAST
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CHALLENGES AND VULNERABILITIES OF
FEMALE MIGRANT LABOURERS IN INDIA: LESSONS FROM THE RECENT PAST
AUTHORED BY -VISHAL VERMA
ABSTRACT
In India, the majority of the workforce, estimated at
over 90%, operates within the unorganised or informal sector, with migrant
labourers constituting a significant portion. Recent data suggests that India
hosts approximately 600 million internal migrants, half of whom are women.
These women often find themselves compelled to engage in the shadow economy due
to limited opportunities, exposing them to risks such as human trafficking,
workplace abuse, discrimination, and violence. Additionally, they face obstacles
like restricted access to education for their children and employment
termination based on menstrual leave, marriage, or pregnancy, exacerbating
their pre-existing vulnerabilities.
The COVID-19 pandemic further exacerbated the challenges
faced by these vulnerable migrant populations. They bore the brunt of the
pandemic's impact, enduring heightened suffering and hardship due to their
marginalized status, minimal social protection, and inadequate access to
government assistance.
To create a supportive environment for potential female
migrants, there is an imperative need to establish a robust legislative
framework addressing the diverse health and welfare needs of interstate female
migrant workers. Initiatives such as establishing migration information and
support centres in high out-migration areas and prominent in-migration
destinations could significantly assist and facilitate independent migration
for women.
KEYWORDS: Informal Workforce, Female Migrant Labourers, Vulnerabilities,
Workplace Challenges, Migration Support.
INTRODUCTION
A migrant worker is someone who has relocated within the
same nation or across nations in pursuit of
employment and subsistence. The definition of a migrant worker according to the
United Nations Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families is a person who will be engaged in, is
engaged in, or has been engaged in a paid activity in a state of which they are not citizens. 1For
the bulk of migratory workers, economic and job possibilities, globalization, and urbanization are
crucial factors. The phrase "migrants" typically conjures up images
of men leaving their communities in search of employment in urban areas.
Women have been migrating
in recent years in search of jobs with greater salaries and Women have been
emigrating in recent years in
search of better jobs and salaries for themselves and their families.2
Contrary to male migrants,
female migrants may nevertheless encounter more prejudice, are more susceptible to abuse, and may face double
discrimination as foreigners and as
women in their host countries.
TYPES OF FEMALE MIGRANTS
Autonomous Female Migration: Many women from the middle and upper middle classes move to cities
to further their education and to find acceptable work.
Relay migration: Families with
landholdings in the country send their daughters to work mostly as domestic
workers, where they are secure
under the care of a mistress, to increase the family's income.
First, the second daughter steps in to take the position of the older one.
Family migration: In this case, the woman chooses
to migrate with her husband
in the aim of finding
work in the new location rather than staying behind in the
hamlet.
FEMALE MIGRANT
WORKER IN INDIA
Frequently, migrant women are crucial
to maintaining and revitalizing their families and communities. The IOM reports
that wherever they may be, women migrants
send a larger percentage of their foreign earnings home than men do, and they frequently
take on more care obligations for family and domestic matters. One all-too-common factor
underpinning the unique difficulties that female migrants encounter on the migration
path is the problem of violence
against women.
A fair and better-regulated labour market, a guarantee of decent
employment, and the option to join a
union are now requirements for the complete respect and acknowledgment of all
migrant women's rights without any
gender discrimination. We stress the significance of the battle against sexual assault, exploitation, and trafficking of women, who are typically
migrants.
Female migrants' circumstances were not always
favourable in the past. The migration of women was prohibited in several regions.3 Several facets
of civil society,
including women's organisations, labour organisations,
professional groups, and others, reacted angrily to this. They said it violates
the constitution and discriminates against women.
CAUSES OF WOMEN MIGRATION
India
has one of the lowest percentages of female labour force participation
worldwide. Generally speaking,
migrant workers have strong emotional ties to their birthplaces. But there are
two reasons why people
move away from their homes
and places of birth: I push factors
like natural disasters
like flood,
drought, cyclones, earthquakes, and tsunamis, as well as wars and regional
conflicts, which also
give people an extra push to migrate; and (ii) pull factors like the availability of
steady employment and relatively higher
wages. Better health
and educational possibilities draw individuals from all around the world. To examine the
determinants of female migration, the theoretical approach for the study is
drawn from the push-pull approach framework. This approach is mainly situation
oriented, in the sense that it attempts to study the conditions at home which
compel persons to move out of their place of origin on the one hand, and the
conditions and situations outside that attract persons on the other. In this
framework, migration of females is considered to be the outcome of interplay of
steer forces and of attractive forces. For the purpose of the study all the
variables considered here, are divided in to four groups of indicators namely
economic, socio-cultural, and demographic and amenity indicators which
determine female migration.
ECONOMIC FACTORS:
The need for improved employment, a scarcity of arable land, and
population increase are the main
driving forces. Prior to industrialization, villagers were forced to relocate
as a result of cottage industries
and agricultural automation.
Poverty, unemployment and work participation: The destruction of traditional occupation structure s and the
reduced survival opportunities in the area of origin lead to female migration
(Sasson, 1982). Kottegoda (2006) states that in Sri Lanka, poverty and lack of
employment opportunities have become the fundamental push factors for female
migration. Village studies conducted by Adhikari, 1996; Seddon et al, 2001
reveal that poor women migrate to other villages and near by towns and cities
where development work is being carried out. Economic hardships in the form of
poverty and lack of employment opportunit ies force them to migrate to other
places for survival. Therefore, women may be compelled to migrate owing to
their economic condition (Araya, 2005). On the other hand, the creation of a
gender segregated labour market through the process of globalisation creates a
demand for female labourers in the informal labour market (for example, export
processing zones, garment industries) which act s as a pull factor for female
migration (Shanti, 2006).
Irrigation & Female Migration: The
provision of irrigation facilities is the most significant factor in the
creation of employment opportunities for they induce changes in the system,
pattern and intensity of cropping. Females work participation rate is highest
in irrigated areas as compared to non-irrigated areas (Sahu, 1986). A village
study by Epstein, et al (1998) in the southern states of India shows that
expansion of irrigation facilities creates more employment opportunities for
landless labourers and also attract migrant labourers. A study carried out by
Jan Berman (1985) in district of Surat in South Gujarat finds that certain
structural developments like canal irrigation, electrification programme and
capital accumulation have led to diversification of rural activities, which in
turn have induced leading to in- migration of skilled or caste-specific groups
and out-migration of local labour and poor tribal. In his study 58 percent of
all migrant labour is women. In his view their migratory behaviour is highly
rational since the risks to be faced in the event of moving out are less than
those of starvation back in the village.
Land holding and Female Migration: Land
is considered as one of the major economic assets of a household as it provides
economic security to people, apart from being a permanent source of income.
Landless and land-poor households typically rely on the sale of their labour
for farm and non-farm activities. Control over cultivable land is critical to
livelihood security and thus provides a choice whether or not to migrate
(Rafique, 2003). The evidence to date suggests that those with limited access
to land and other assets are more likely to migrate (Desihnger, 2004).
SOCIAL FACTORS:
Apart from economic factors, non-economic factors also influence
female migration. Economic factors provide only the necessary condition of
migration; the sufficient conditions are the other socio-cultural factors which
motivate them to move (Rao,1984).Several complex factors account for greater
female migration besides the usual factors of pull and push, poverty being
important among these; new factors such as newly developing markets for women’s
work, improving levels of education and skill development, a great desire for
improving one’s own and one’s children’s lot, and the loosening of parental and
societal control over women are becoming equally important. Social capital, in
the form of community and family networks, however, remains important for
facilitating such movement (Kaur, 2006).
As a result of the rising number of women who forsake their homes,
more of these women are migrating in
search of work. Data from All India shows that more women migrate from rural-rural destinations than from rural-urban destinations. Until they find employment, the male
migrants are dependent on female income. People move from one area to another
due to societal traditions and
tradition. A case in point is intercaste marriage. Either they are social
outcasts or are despised by their
neighbours and kin.
Social-Network: The role of personal and
social networks appears to be the key to facilitating female to migrate for
work. Social networks are the key in providing access to opportunities for
migration and employment; of course migration creates new networks (Hann, 2006).
Through network effect, women are more likely to access to information and
support exchanged between family members. The chain migration that develops
among the relatives and friends of migrant workers reflects the function of
networks (Gurrero et al, 2001). Kaustri (1990) study of female Tamil migrants
engaged in domestic service in Delhi reveals the importance of socio cultural
factors in influencing migration. The study shows that many of them are from
low caste groups. Social barriers force them to migrate to other places for
work as domestic servants. Another study by Neetha (2004), which corroborates
the above findings, shows that a majority of domestic workers from Tamilnadu
belong to Schedule Caste. In her study 80.7 percent of live-out workers belong
to the scheduled castes and 14.4 percent to the other backward class. Besides,
NSS data on domestic service employment category in India shows an increasing
feminisation with an increase from 1.2 million females domestic workers in 1983
to 2 million in 1999; during the same period, the number of males working as
domestic helps stayed stagnant at 0.3 million (Kaur, 2006). It implies that
majority of females join as domestic workers through social networking effect
and is expected that females particularly, from lower caste join such kind of
occupations.
Education: Education can also affect
women’s migration pattern, as it does with men. It has been widely observed
that propensity to migrate increases with education (Connell, et al 1976).
Increased education seems to encourage more migration of women (UNESCAP, 2003a),
and in turn foster greater education of females. The role of education in
shaping female migration patterns needs to be investigated further, especially
in the light of increasing educational attainment s of women throughout the
developing world (Hugo 1993).
Child-Women Ratio: Married women and
women with larger numbers of children have higher out migration rates. If one
compares the marital status of migrants with non-migrants in urban areas, the
share of being married is higher among migrants compared to non-migrants (Mitra
et al, 2008). A study carried out by Oberai and Singh (1983) in Ludhiana
district of Punjab, addressing the effect of rural-to- urban migration on
fertility finds generally higher fertility among migrants than non-migrants.
There are economic factors relating higher fertility to higher rates of
migration.
AMENITIES
The migration of people living in villages is also influenced by
social factors such as lack of educational opportunities, poor health care
infrastructure, lack of career opportunities etc. These factors are especially
important for young people and very often play a key role in pushing them out
of rural areas.
Absence of schools, health services and modern housing facilities
motivate rural women with children to move to larger cities where such
facilities are found (Adepoju, 1998).
As institutions of higher learning, particularly professional and
technical institutions, are not available in each district, an urge for higher
education motivates urban dwellers as well as some of the rural folk (both male
and females) to migrate (Premi,1990).
Taking into account the importance of various socio-economic factors
influencing female migration an attempt is made in this paper to examine the
significance of economic factors as predictors of female migration. Although
micro level studies are available on the economic causes of female migration,
there are few studies at the district level. On the other hand, district is
also an important unit for capturing migration flows as defined in census data
on migration. Therefore, in this paper a district level analysis is made by
taking in to account all the streams of migration to examine the impact of
various socio-economic factors on female migration.
Population increases and an uneven rise in literacy
rates are two key demographic drivers. Higher
educated and more experienced workers relocate to new places in search
of greater pay. Human migration is also
influenced by mortality
and birth rates. Population growth causes labour demand to rise,
and extra labour from rural regions moves to urban
areas.
As a result, India has fallen short in its efforts to
offer social and economic protection to its migrant labourers. The fast growth of COVID-19 and its significant
economic effect have further exposed India's outdated
protection systems and
disregard for migrant labourers in national policy.
MARRIAGE
The main factor driving women to relocate
is marriage. Nearly 154 million
of the 221 million migrant women reported migrating after they
got married, in contrast to the majority of males who relocate for employment. Female migration increased from 4.1 million
to 8.5 million between 2001 and 2011. Women move for reasons that are social and economic.
1.
In economically developed regions,
there are better work chances and higher earnings; in economically underdeveloped regions,
there are no employment prospects and as a result, life is difficult.
2.
According to the National
Commission on Rural Labour, the most significant factors are economic
need, interregional discrepancy in economic growth as a result of uneven development, and inequality across
socioeconomic groups.
3.
Although migrant workers are hardly
aware of these provisions, Article 19 of the Indian Constitution's guarantees of freedom of movement throughout all
of India's territory and freedom to engage in any occupation of one's choice
legally allow people
to migrate in search of better
employment opportunities.4 As a result, migration cannot be outlawed.
4.
Despite hardship and exploitation, migrant workers' incomes
may typically be higher than
5.
what they might have made otherwise.
PROBLEMS FACED BY WOMEN MIGRANT
WORKERS
The women migrant workers
endure terrible living circumstances and have difficulties including sexual exploitation,
denial of their rights, and discrimination on the job.
Only 50% of the women were
illiterate, and only 24% of the migratory women labourers had completed basic education.5
This demonstrates the extremely low level of education among women migrant
labourers. The likelihood of employment satisfaction is relatively low. In a rapidly developing consumerist culture, the annual family income of the female migrant worker is insufficient. There were no high-quality
child care facilities in the area, and the demand for work without holidays and unrest is contrary to
labour rules and also causes stress-related psychological issues
and health issues.6
The bosses did not make any accommodations at the job site. The lack of accommodations causes
the women migrant workers,
who travelled great distances, to be late for work. There are no safety precautions in place at work. The women
workers were denied their rights because they were migrants.
Many of them lacked ration
cards and were not citizens with the right to vote. It is clear that the majority of migrant women workers did not
get any social security benefits when unwell, and many of them were refused maternity benefits while pregnant.7
Due to their ignorance of the government programmes
offered through the unorganised sector, the majority of employees did not
benefit from welfare measures.
Although the NGO has spent the last 10 years advocating locally for women migrant workers.8 The majority
(60%) of the female migrant workers have not benefited from any NGO assistance to improve their quality of life.
·
Discrimination in the labour
market.
·
Exploitive conditions at work.
·
Violence in the workplace.
·
Restrictions to collective association and organization.
·
Limited access to health
services, including for their children
(boys/girls).
·
Obstacles in accessing education for their children
(boys/girls).9
·
Restrictions to freedom of movement.
·
Barriers for family reunification.
·
Obstacles in accessing an identity for their children.
10
·
Barriers in access to justice.
·
Barriers in accessing migration
documentation (residence permit and authorization to work).11
IMPACT OF COVID -19
PANDEMIC ON WOMEN MIGRANT WORKERS
Women who work as migrant
labourers are more likely to lose their jobs, have their labour
and human rights violated, and have the
coronavirus. They most typically work in the unorganised sector of the economy, mostly in the care and domestic
service industries, with precarious employment, no paid time off, and no remote work options.12 They also
have a higher likelihood of working part-time,
temporary jobs. Their employment is typically not covered by contributory social insurance programmes, therefore they have little to
no access to health care and maternity benefits as well as few or no social safety nets to replace
lost income. Women, particularly migratory women, are frequently engaged in low-paying positions that generally
include duties that are socially and legally
undervalued. The Crisis Management Act, 2005, which gives the Central
Government the authority to impose
limitations and adopt particular rules with the objective of controlling the
disaster and so preventing its hazards, was used by the Prime Minister of India to proclaim a 21-day countrywide lockdown.13
GOVERNMENT LEGISLATION AND
POLICIES
The colonial era and the well-known
incidents that occurred during Gandhi's Satyagraha activities in the Champaran
area, Kheda, and in the form of the Ahmedabad Mill Strike in the
pre-independent period are both important points in the history of labour exploitation
in India.14
Since years, the living conditions of migrant workers from rural
households have been appalling. During
the pandemic, the sudden suspension of all modes of transportation required by
Clause 6 of the 2020 Guidelines of
Essential Commodities Act, 1955, without the establishment of any kind of substitute arrangements for commuting, made the situation
even worse for this group of the population.15 The rules made it clear that transportation may only be used
for vital items and in cases of fire, law, order, and emergency services.
Due to the pandemic's unpredictability, the working poor
in India have also experienced a lack of financial stability. In India,
89% of all employees fall into this
category.16
Constitutional Rules In addition to daily loss and suffering
during the COVID-19
crisis, those affected
by the same issue were treated unfairly and unequally. When one side had
the means to stock up on basics, food
supplies, and toiletries lasting for over a month, and on the other hand, some
people on the road could not even get
one meal a day, the gap between the fortunate and unprivileged segment started to become more apparent. 17Article
14 of the Indian Constitution declares a person's right to equality.
The migrant issue
further highlights the flagrant disregard for the Article
14 norm of "equal compensation for equal effort."18 State of Orissa
v. Balaram Sahu 19expanded and defended the same idea. In order to promote
socioeconomic fairness, the Court made it plain in its ruling that the State must
make sure that minimum
wages are set and paid to employees.
The current situation, in which migrant
labourers are frequently denied access to basic essentials like food, clothes,
and shelter as well as safe and sanitary living circumstances, can be
characterised as a blatant
violation of Article 21 of the Indian Constitution. With the historic Indian
ruling in Kharak Singh v. State of Uttar Pradesh20, the concept of "personal liberty" was broadened to encompass more than only animal existence.
The Indian Preamble's demands for a welfare state, social, economic,
and political justice, as well as equality
of opportunity and position, are further aided by the Directive Principles of
State Policy included in Part
IV (Articles 38-51) of the Indian Constitution.
THE INTERNATIONAL COMMUNITY HAS DEVELOPED A SERIES
OF INSTRUMENTS FOR PROTECTING WOMEN MIGRANT
WORKERS’ RIGHTS
The most important tool for the protection of this particular
demographic is the Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (CTM, 1990).
The CTM provides access to human rights regardless of a group's
status as migrants by granting human
rights to the migrant population in accordance with the idea of equality among
all people. Since 1999, Mexico has been a State
Party to this Convention.
•
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) works to end gender-based
discrimination and exclusion, which, when combined
with other factors like ethnicity, financial standing, nationality, age, and occupation, among others, restrict the ability of women migrant workers to
exercise their rights. In 1981, Mexico approved the CEDAW.
The CEDAW General
Recommendation No. 26 (2008) discusses in depth the factors that
make many migrant
women particularly vulnerable to discrimination based on gender
and sex, describing this vulnerability as both
a cause and an effect of the
violation of their human rights. This suggestion stresses that migration is not gender-blind because it has diverse effects
on men and women. It contends that a gender perspective must be taken
into account when analysing
female migration and developing public policies to stop violence
and discrimination against
women, advance their rights,
and ensure their social and economic involvement.
•
The rights protection for women migrant
workers is complemented by a number of International Labour Organization (ILO)
Conventions. 21In particular, the Domestic Workers Convention (No. 189) (2011), a crucial
tool that, after being approved by States, helps to secure the rights of both domestic worker nationals and migratory women.
CONCLUSION
The plight of women
migrant workers in India is underscored by multifaceted challenges ranging from
low wages and inadequate healthcare to the harsh realities amplified by the
COVID-19 pandemic. The findings of this study offer a poignant insight into the
lived experiences of these women, shedding light on the profound hardships they
endure, exacerbated by the sudden and unplanned lockdown and the subsequent
socio-economic and health crises.
A
critical revelation from the study is the severe loss of livelihood and the
ensuing debt burden faced by these migrant women. Forced to compromise on
essential daily necessities, they grapple with the weight of responsibility and
the confines of their circumstances, resulting in heightened stress and mental
anguish. The disruption of access to essential services further compounds their
vulnerabilities, leaving them isolated from critical support systems.
Despite
government initiatives aimed at assisting women migrant workers, the benefits
of these measures have largely eluded them, highlighting a significant gap
between policy intent and on-ground implementation. It is imperative to
recognize the indispensable contribution of migrant workers, particularly
women, to the sustained urban economy. Their resilience and labor are
foundational pillars that drive economic activities and growth
Women Migrant workers are faced many constraints in their works such as low paid, no proper
health care etc.., and in covid times their life is in question mark? The present study is one of the documenting the experience of migrant
women in India. The study light upon the dismal state of migrant women workers
and their families, due to the unplanned lockdown
and subsequent period
of socio-economic and health
crisis.
The major issues arising
from the study about women’s
experience include the loss of livelihood and debt. The participants
had to compromise many essential requirements in their daily living.
The burden of responsibility and captivity made the life of women
stressful. Women experienced a significant disruption of access to services. The government measures
devised for the women migrant
workers in society
haven’t reached them. The migrant
workers are contributed for the sustained urban economy. We
should made efforts to restore economic activities of migrant women workers
feel confident, secure, and safe.
Suggestions for Improvement and Supportive Measures:
Financial Support and Livelihood Restoration: Implement targeted financial assistance programs specifically
tailored for women migrant workers to help alleviate debt burdens and restore
livelihoods. This could include microfinance initiatives, skill development
programs, and job placement services.
Healthcare Access: Enhance healthcare
provisions by establishing mobile health clinics and awareness programs
focusing on women’s health issues, ensuring equitable access to essential
healthcare services.
Social Protection Measures: Strengthen
social protection mechanisms by expanding the coverage of social security
schemes and providing comprehensive insurance coverage for migrant workers.
Awareness and Education: Launch
awareness campaigns to educate women about their rights, entitlements, and
available support services, empowering them to assert their rights and access
available resources effectively.
Migration Support Centers: Establish
migration support centers in high out-migration and in-migration areas to
provide information, counseling, legal assistance, and other essential services
to prospective and returning migrant women workers.
Policy Implementation and Monitoring:
Enhance the implementation of existing policies and ensure rigorous monitoring
and evaluation mechanisms to track the effectiveness of interventions and
address gaps in policy implementation.
By adopting a multi-dimensional approach encompassing financial
support, healthcare access, social protection, awareness, and policy
implementation, concerted efforts can be made to restore the economic
activities of women migrant workers, fostering an environment where they feel
confident, secure, and safe. It is imperative to bridge the existing gaps and
prioritize the welfare and empowerment of women migrant workers to build a more
inclusive and equitable society.\
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Article Information
CHALLENGES AND VULNERABILITIES OF FEMALE MIGRANT LABOURERS IN INDIA: LESSONS FROM THE RECENT PAST
Authors: VISHAL VERMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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