PROBLEMS IN INTERNAL MIGRATION IN INDIA: A LEGAL PERSPECTIVE BY - AKSHITA KAUSHIK

AUTHORED BY - AKSHITA KAUSHIK
 
 
INTRODUCTION
Internal migration, the movement of individuals within the boundaries of a country, is a pervasive phenomenon in India, driven by various socio-economic factors such as employment opportunities, education, marriage, and displacement due to environmental or political reasons. While internal migration has significant implications for the socio-economic landscape of the country, it also presents a myriad of challenges, particularly from a legal standpoint.
 
According to the census, there were 167 million migrants in 1971, 213 million in the 1981 census, 232 million in the 1991 census, 315 million in the 2001 census, and 456 million in the 2011 census. India’s migration pattern is more than one distorted count. In high-income States such as Delhi, Goa, Haryana, Punjab, Maharashtra, Gujarat, and Karnataka, immigration rates are higher at the State level. The low-income States such as Bihar, Uttar Pradesh, Jharkhand, Rajasthan, and Odisha have a relatively high out-migration rate. The number of women who migrate is 68 per cent, and males are 32 per cent. Sixty-nine per cent of all migrant women lived in rural areas, while 31 per cent lived in urban areas. 56 per cent of migrant males lived in urban areas, and 44 per cent lived in rural areas. Conversely, 56 per cent of the total migrated male populations lived in urban areas, and 44 per cent lived in rural areas.[1]
 
Internal migrant flows can be classified on the basis of origin and destination. Internal migrants were 309 million in the 2001 census and 450 million in India in the 2011 census (Census of India, 2011). The number of migrants rose by 45 per cent between 2001 and 2011, while the population grew by 18 per cent. Internal migrants as a percentage of the population increased from 30 per cent in 2001 to 37 per cent in 2011. The nature of movement remains relatively unchanged since 2001, although internal migration increased significantly in 2011. The majority (62%) of the movement is in the same district. Around 26 per cent were in the same State between districts, and 12 per cent inter-state migration. In 2011, inter-state migrants accounted for just 4 per cent of the population, which is virtually unchanged since 2001.[2]
 
There were four channels of migration, such as rural to urban, rural to rural, urban to rural, and urban to urban. Rural-rural migration also dominates amongst migration sources, comprising 69.1 million migrants in the 2011 census, and it was about 53.3 million in the 2001 census. Thus, the rural-rural migration growth rate was 29.6 per cent during the decade. The second most dominant source is urban-urban, with 32.94 million migrants. The 2001 census of urban and metropolitan migration was the third most critical source of migration after rural and non-urban migration. However, during the 2011 Census, the urban-urban trend emerged as India’s second-largest migration source, with over 18 million migrants completely on the rise The NSSO stated in its 64th round (2007-2008) that rural-rural migration is the dominant migrant route accounting for almost 62 per cent of internal migrants, followed by rural-urban migrants, which account for almost 20 per cent of the total domestic migrants. There was 13 per cent of urban-urban migration, while urban-rural migration was just 6 per cent of the overall domestic migrants (NSSO, 2010).[3]
 
Large scale migration has increased in the modern era due to better connectivity and interdependence of various parts of the world. Internal migration is one of the unexplored categories in India. Despite the facts and evidence of large rural to rural and rural to urban migration, India does not have the proper mechanisms to control, execute, and manage these internal migrants. The research paper titled "Problems in Internal Migration in India: A Legal Perspective" delves into the complex legal issues surrounding internal migration within India. This paper seeks to analyze the existing legal frameworks, identify key challenges faced by internal migrants, and propose recommendations to address these challenges effectively.
 
India, as a federal democracy, is characterized by its diverse legal landscape, with laws and policies varying across states and regions. Despite constitutional guarantees of freedom of movement and residence, internal migrants in India often encounter legal hurdles that impede their access to basic rights and services. These hurdles stem from the absence of comprehensive legislation specifically addressing the rights and protections of internal migrants, as well as from inconsistencies in the implementation of existing laws.
From inadequate access to identity documentation and social services to exploitation in the informal labor sector, internal migrants grapple with a multitude of legal challenges that undermine their well-being and livelihoods. Furthermore, issues such as housing insecurity, interstate disputes, and vulnerabilities to human trafficking highlight the urgent need for a robust legal framework to safeguard the rights of internal migrants.
 
Against this backdrop, this research paper aims to provide a comprehensive analysis of the legal dimensions of internal migration in India. By examining the intersection of law, policy, and practice, this paper seeks to shed light on the systemic barriers that internal migrants face and explore potential avenues for legal reform and advocacy.
 
CAUSES OF MIGRATION
People are normally deeply tied to their birthplace. Each year, millions of people in India depart their rural areas to migrate to cities with ambitions and dreams of greater work prospects and a better quality of life. The reasons can be grouped into two categories: push factors that cause people to leave their families or residences, and pull factors that attract people from different places. The processes of industrialisation, marketisation, and urbanisation and liberalisation have triggered the classic ‘push’ and ‘pull’ factors, some of which are as follows:
Push Factors:
·       Poverty and unemployment in rural areas.
·       Lack of economic opportunities.
·       Depletion of natural resources and environmental degradation.
·       Vulnerability to natural disasters.
·       Overcrowding of agriculture.
 
Pull Factors:
·       Industrialization and urbanization.
·       Marketization and liberalization.
·       Employment opportunities in urban areas.
·       Higher wages and better working conditions.
·       Improved facilities and quality of life.
 
The literature on migration economics gave due emphasis to the ‘push’ factors as operated at the place of origin and ‘pull’ factors of the destination for the processes and outcomes of migration.[4] Poverty, massive unemployment, lack of opportunities, depletion of natural resources, natural disasters, overcrowding of agriculture in rural areas on the one hand, and expectation of employment with higher wages, facilities and better working conditions in cities or urban areas on the other hand are significant reasons for which rural-urban migration of workers takes place in India. Landless agricultural labourers in rural areas belonging to a particular class and caste would experience mobility to meet the household’s expenditure in comparison to those who are economically well-off.[5]
 
In summary, the causes of internal migration in India are multifaceted, stemming from a complex interplay of push and pull factors driven by economic, environmental, and social dynamics. Understanding these underlying forces is essential for devising holistic policy responses that address the root causes of migration and promote inclusive development across rural and urban landscapes.[6]
 
CHALLENGES OF MIGRATION: UNDERSTANDING THE COMPLEX LANDSCAPE
Migration, particularly internal migration in India, presents a myriad of challenges that significantly impact the lives of migrants and the dynamics of urbanization. These challenges stem from a combination of push and pull factors, as well as structural and systemic issues inherent in the migration process.
 
Identification and Identity Crisis:
Many internal migrants face hurdles in obtaining valid identification documents in their new places of residence. Without proper identification, migrants struggle to access essential services and rights, such as public distribution systems (PDS) permits, which are crucial for accessing subsidized food grains. The lack of recognized identity documentation not only undermines migrants' ability to access social services but also deprives them of their fundamental rights as citizens, leaving them vulnerable to exploitation and marginalization.
Inadequate Social Security and Health Services:
Internal migrants often find themselves excluded from social security schemes and health services due to bureaucratic barriers and administrative complexities. This leaves them without adequate protection in times of need and exacerbates their vulnerabilities, particularly in the informal urban economy.
 
Healthy body not only helps to gain strength but also increase one?s confidence to perform. Lack of access to sanitation is quiet evitable in (NCAER, 2002) and NFHS-3 (2005-06) validates this statement stating that only 5 per cent of poor families in Delhi had personal toilets. Health is a must facility and is one of the essential requirement for human being but due to shifting of places migrants face lack of facilities and changes in weather and benefits provided by the government are the other deficiencies (UNDP, 2009/13). Another study says that migrants often face accidents or injuries at workplace but do not enjoy health benefits (Borhade, 2012). A study conducted by (IOM, 2009) says that migrant women with HIV are vulnerable. Many migrants were forced to go for private health services due to incompetent public healthcare sector (Mandar and Sahgal, 2010).
 
Supreme Court also held in People's Union for Democratic Rights (PUDR) v. Union of India[7] dealt with the issue of migrant workers' rights and highlighted the need for legal protections and social security measures for migrant laborers. The court emphasized the importance of enforcing labor laws and ensuring that migrant workers are not subjected to exploitation or discrimination based on their migrant status.
 
Further in the case of National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) v. Union of India[8], the court addressed the rights of construction workers, many of whom are internal migrants, and called for the implementation of welfare measures for their benefit. The court called for the provision of social security, healthcare, and other essential services to protect the rights and well-being of construction workers.
 
Housing and Urban Facilities:
A severe shortage of affordable housing in Indian cities forces many migrants to live in informal settlements and slums, where living conditions are often substandard and devoid of basic amenities such as safe drinking water, sanitation facilities, and electricity.
 
After food and clothing one of the important human needs is house. But, rush in the cities and the high cost makes it difficult for them to have house of their own and to live in mostly crowded and filthy conditions (Sheikh Et. al., 2014). A study conducted by IGSSS (2010) states that many people living on the streets of Delhi are migrants from Bihar, UP, West Bengal, Rajasthan and MP. They have left their places in distress situation in hope of better living in the city of Delhi. Housing shortage and increase in number of slums has been seen from past few years (Delhi Human Development Report, 2013). Another report by NFHS-3 (2005/06) says people in Delhi slums households have 7 or more people sleeping in same room with almost 48 per cent of households.
 
The lack of affordable housing options not only perpetuates the cycle of poverty but also exposes migrants to exploitation and abuse by landlords and local authorities, further compromising their well-being and security.
 
The Supreme Court in M.C. Mehta v. State of Tamil Nadu[9] addressed the living conditions of brick kiln workers, a significant number of whom are internal migrants. The court issued guidelines to improve their working and living conditions, including provisions for safe accommodation, healthcare, and fair wages.
 
Enforcement and Security of Labor Laws:
Despite the existence of legislation such as the Inter-State Migrant Workers Act of 1979, enforcement mechanisms remain weak, leaving migrants vulnerable to exploitation and labor rights violations. The complex network of contractors and intermediaries exacerbates this issue, as migrants often lack negotiating power in terms of wages, benefits, and working conditions.
 
Migrants (laborers) mostly come through Labour contractors in the city due to which they have to face the situation like long working hours or timid lights at work place (NCEUS, 2007).working conditions of vulnerable occupations in Delhi is quite high and people are prone to work in unhygienic and inhumane environment that too with low wages and timid labor laws (Deshingkar et. Al. 2008: Srivastava and Sasikumar, 2003). Out of every 1000 workers bruised on the premises, 165 are in India (ILO, 2002). Especially Women workers who are injured on job, are removed from jobs instead of getting compensation (Acharya and Reddy, 2016).
 
Government regulations, benefits, schemes, health benefits are factors which migrants (laborers) are deprived of. Government do have proposed various bills but still conditions are undernourished (NCEUS, 2007). Regulations and administrative procedures exclude migrants from social rights, political rights and access to legal rights. (UNESCO, 2011). These displaced many a times lack access to basic services and have no legal protection (Bag et. al., 2016). Many a times people working even for low skilled jobs like rickshaw pulling had to bribe and wait in long queues to get license and permit to rent rickshaws (Menon, 2000).
 
Economic Drivers of Migration:
Seasonality, low employment opportunities, and agrarian distress are primary drivers of migration from rural to urban areas. Natural disasters, wars, and political conflicts further exacerbate migration pressures, compelling individuals to seek refuge and opportunities in cities. Conversely, pull factors such as better job prospects, access to education and healthcare, and improved quality of life draw migrants to urban centers, leading to overcrowding and strain on urban resources.
 
Supreme Court in Unni Krishnan, J.P. v. State of Andhra Pradesh[10] (1993) also focused on the right to education and emphasized the importance of providing educational opportunities to all children, including those belonging to marginalized communities and internal migrant families. The court highlighted the need for equal access to education and called for measures to ensure that all children have the opportunity to attend school.
 
Education is one of the essential needs for one?s life. After migrating, children of labourers are deprived of basic education due to lack of documents or paper work and financial crunch which is required for admissions due to which they cannot have admissions and are forced to child labour. Unlike countries in Southeast Asia and East Asia, the bulk of the migrant workforce in India has little or no education. (Srivastava and Sasikumar, 2013). Children often faces difficulty to cope up different curriculum and language due to change of places (UNESCO, 2013; Deshingkar and Sandi, 2012). One more report from UNESCO?S Global Education Monitoring Report (GEM) 2019 shows that children that are left behind by migrating parents face fewer education opportunities. Average years of schooling is quiet low in Delhi Slums (Bag et.al, 2016).
 
OTHER CHALLENGES
Water and Electricity: Lack of potable water and housing facilities make migrants live in shanties or huts near workplace (NCEUS, 2007) with no proper supply of electricity or they have to face large power cuts or no proper wiring make it unsafe and dangerous (IOM, 2015). Bag et.al. (2016)in their survey reported that poor population of Delhi had to wait in queues to have access to water through standpipes.
 
Lack of skills or training: Lack of skills or training of jobs put them to risk which increase number of accidents at the workplace (PRS, 2019). Lack of skills is quite evident in slum area migrants of Delhi, where people lack job training and directly put to work. Many a time?s serious accidents were reported in the industries of Delhi due to lack of skill and training (SNCL, 2002; NCEUS, 2007).
 
Job security: Migrant (laborers) are in informal sectors which lack job security and Labour laws were hardly followed. They were deprived of good working conditions and benefits associated with laborers. Migrant laborers are generally absorbed in informal sector jobs and are poorly paid and work under insecure jobs. (UNDP, 2009/13). Many females were not even recorded in stats and found invisible in the records of Brick and tiles manufacturing units in Delhi (Gupta, 2003).
 
Distress wages: They were force to work under distress or less wages and to cope with day to day expenses of cities they took up their jobs. Even when they take work off due to injuries or other they have to pay for their own food, fuel, water and medical expenses (Sarde, 2008). Low income levels and low levels of human development is apparent in Delhi slums (Banerji, 2005). They have no choice they either have to leave up their jobs or to return to their native place.
 
Gender biasness: Gender gap of more than 50% shown in Labour Force Participation rate for the year 2015 (OECD, 2017). Gender biasness is common in society and migrants are no different to it, less pay to female Labour, sexual abuse at workplace, long working hours or lack of maternity benefits are quiet common which need to be strengthen with appropriate Labour laws. Delhi Development Report for the year 2013 also stresses on the need of reducing gender inequality and guaranteeing a safe environment to people. Another work by (Acharya and Reddy, 2016) highlights the issue of discrimination and exposure of females to sexual harassment in Delhi.
 
Little or no asset: Antagonistic economic conditions make them move to cities such as debt and low income which is the major reason to move (Banerji, 2005). Labors shifts to new workplace with little or no asset of their own which make it difficult to survive in the city (NCEUS, 2007). Basically, migrants invest all the money they have a survival in the city (Mandar and Sahgal, 2010). Many laborers work as bonded laborers in the cities like Delhi, Punjab and Haryana and are trapped in debt burden with no asset or little money they were many a times exploited by upper caste (Srivastava, 2005).
 
High expenses: Migration is difficult for the livelihood of these poverty ridden, skill and asset deficient persons who are economically and socially backward (NCEUS, 2007). The dazzles and hope of good income source attract them to cities bring them here but the high prices and expenses make it difficult for them to survive here.
 
Internal migration in India is a complex phenomenon shaped by a multitude of factors, including economic, social, and environmental dynamics. Addressing the challenges of migration requires holistic approaches that prioritize the rights and well-being of migrants, strengthen social protection mechanisms, and promote inclusive and sustainable urban development. Only through concerted efforts can India effectively navigate the complexities of internal migration and ensure equitable opportunities for all its citizens.[11]
 
LEGAL FRAMEWORK FOR PROTECTING MIGRANT WORKERS IN INDIA: A COMPREHENSIVE OVERVIEW
The 2030 Sustainable Development Plan recognizes the significant role migration plays in advancing sustainable development. Migration intersects with numerous Sustainable Development Goals (SDGs), and effective management of migration can contribute to achieving targets related to poverty reduction, economic growth, education, health, and gender equality.[12]
 
Among the 17 Sustainable Development Goals, 11 incorporate targets and indicators pertinent to migration or mobility. Notably, Target 8.8 focuses on promoting decent work for all, including migrant workers, while Target 10.7 emphasizes the importance of safe and regular migration, and Target 10c addresses reducing remittance costs.
 
While there exists a well-established methodology for measuring progress under Target 8.8, further efforts are required to develop indicators for Target 10.7. These indicators include measuring recruitment costs and assessing the effectiveness of migration policies (UN, 2016).
Acknowledging migration's multifaceted impact on sustainable development, the 2030 Sustainable Development Plan underscores the need for comprehensive strategies that not only manage migration flows but also harness the potential of migration to achieve broader development objectives. By aligning migration policies with the SDGs and strengthening data collection and measurement mechanisms, countries can better leverage migration as a catalyst for inclusive growth, social progress, and environmental sustainability.[13]
 
In the constitutional framework of India, labor law is a domain shared between the Union List and the Concurrent List, granting authority to the Parliament of India to legislate on labor matters. This constitutional arrangement underscores the importance of labor legislation in safeguarding the rights and welfare of workers, including migrant workers. The Indian Constitution enshrines various fundamental liberties and regulations to protect the interests of all individuals, irrespective of their place of origin or residence.
 
Constitutional Safeguards:
Article 19(1)(d) and (e) of the constitution guarantees the right of all individuals to move freely and reside in any part of Indian territory, ensuring free migration.
Article 15 prohibits discrimination based on place of birth, while Article 16 mandates equal opportunities in public employment matters, ensuring equitable treatment for all individuals.
Statutory Enactments for Workers:
Several statutory enactments and policies are specifically designed to protect the rights of workers, including migrant workers, such as the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996, and the Unorganised Workers Social Security Act, 2008.
These laws aim to regulate employment conditions, ensure fair wages, provide social security benefits, and protect workers from exploitation and discrimination in various sectors.
 
Key Legislation and Acts:
The Inter-State Migrant Workmen Act of 1979 seeks to prevent exploitation of inter-state migrants by requiring registration of agencies employing such workers and ensuring compliance with minimum employment standards.
The Building and Other Construction Workers Act, 1996, addresses the welfare needs of construction workers, including provisions for minimum wages, safety measures, and access to basic amenities.
The Workers Compensation Act, 1923, provides for compensation in case of work-related accidents, albeit with limited application to agricultural labor.
The Employees State Insurance Act, 1948, offers insurance coverage for workers, including sickness, maternity, and disability benefits, although accessibility remains a challenge for agricultural laborers.
 
Inter-State Migrant Workmen Act of 1979
The Act is intended to discourage contractors from exploiting inter-state migrants and ensuring equal and decent employment terms. The law requires registration of each agency employing inter-state migrants and the licensing of contractors recruiting such workers. Contractors must supply the appropriate authority with all workers’ data. Migrant workers are entitled to salaries equal to other employees, travel expenses, and loss of wages during travel. Contractors will have to ensure regular payment, non- discrimination, provide suitable accommodation, free medical facilities, and protective clothing for the workmen.
 
The Building and Other Construction Workers Act, 1996
The Government of India adopted the Building and Other Construction Workers Act of 1996, known as the BOCW Act. The BOCW Act is social welfare legislation intended to help workers employed in building and construction work throughout the country. Building employees are most frequently denied minimum salaries, fair pay, overtime, water, sanitation, crèche, first aid, and temporary housing. This law intends to address the problems of the workers.
 
Workers Compensation Act, 1923
The Workman’s Compensation Act of 1923 provides for the compensation of accidents “arising out of and in the course of employment,” resulting in death or total or partial disablement of the workers. This Act has an extremely limited application and does not apply to all agricultural labour.
 
Employers State Insurance Act, 1948
The Act is one of the pioneering measures in the area of insurance for workers. It provides for (a) sickness benefit (b) maternity benefit (c) disablement benefit (d) dependents (e) medical benefit and (f) funeral benefit. However, these benefits, if at all, are available to a negligible section of agricultural labourers because of the legal, administrative and other problems.
 
The Trade Union Act, 1926
The formation of unions or associations received attention at the international level as early as 1921 when the ILO adopted the right to organise and collective bargaining conventions in 1948. These conventions inter alia affirm all workers’ rights, including rural workers, to establish a free and independent organisation and call upon the member States to implement the provision through legislation. Article (19c) of the constitution guarantees the right to “form associations or unions,” which does not include the right to strike. There is no specific legislation like the Trade Union Act, 1926, for agricultural workers who are being registered. These unions appear in operations covered by the term “Industry” under IDA 1947.
 
Maternity Benefits Act, 1961
Like the Employee’s State Insurance Act, the Maternity Benefit Act, 1961, empowers the State Government to extend the provisions of the Act to an establishment or class of establishment, including agriculture. It could not be implemented in the agricultural sector in most of the sectors.
 
 
Unorganised Workers Social Security Act, 2008
Unorganised Workers’ Social Security Act 2008 is an Act to ensure the social protection and welfare of unorganised workers. This Act provides social security schemes like life and disability cover, health and maternal benefits, and old age protection to unorganised workers. The Act stipulates equality based on payment of wages, wage rates, holidays, leave, hours of work, and other service conditions. This Act also provides for displacements allowance and journey allowance.
 
National Rural Employment Guarantee Act of 2005
The National Rural Employment Guarantee Act 2005 (NREGA), later renamed as Mahatma Gandhi National Rural Employment Guarantee Act, MGNREGA represents one notable enactment of the ‘right to work and to counter seasonal migration. The objective of this Act is to reinforce living security in rural areas by giving every household whose adult members volunteer to perform unskilled manual work at least 100 days of guaranteed wage employment during a financial year. It is successfully implemented in only a few places, which is a minuscule response.
 
Challenges and Limitations:
·       Despite the existence of comprehensive legislation, implementation remains a significant challenge, with discrepancies between states and sectors.
·       Migrant workers often face difficulty accessing legal protections and asserting their rights due to lack of awareness, low bargaining power, and limited representation in trade unions.
·       Judicial recourse for migrant labor issues is limited, with minimal litigation and resolution of disputes, highlighting gaps in the justice system.
 
While India has made strides in enacting legislation to protect the rights of migrant workers, significant challenges persist in ensuring effective implementation and enforcement. Addressing these challenges requires concerted efforts from policymakers, employers, civil society, and the judiciary to safeguard the rights and dignity of all workers, particularly migrant workers who contribute significantly to India's economy and development.
 
 
 
CONCLUSION AND SUGGESTIONS
The plight of internal migrants in India highlights the pressing need for holistic strategies to confront the array of challenges they encounter while seeking livelihood opportunities. Trapped in a cycle of insecurity and deprivation within the informal urban economy, migrants urgently require empowering interventions to enable their socio-economic mobility and foster inclusive development across rural and urban landscapes.
 
To address these challenges effectively, prioritizing the revitalization of rural areas is paramount. This entails implementing strategies to bolster sustainable livelihood options, including ensuring food security, facilitating access to credit, and creating employment opportunities tailored to local contexts. Additionally, enhancing rural infrastructure, such as healthcare, education, and transportation, is crucial to improving the quality of life and attracting investment in rural communities.
 
Moreover, democratizing governance mechanisms is essential to ensuring that internal migrants have a voice in decision-making and planning processes. By actively involving migrants in shaping policies that affect their lives, we can create more inclusive and responsive governance structures.
 
Flexibility in education provisions is imperative to prevent the neglect and marginalization of migrant communities within the education system. By adapting educational programs to accommodate the unique needs of migrants, we can ensure that their communities receive equitable access to education and opportunities for socio-economic advancement.
 
Furthermore, providing internal migrants with nationally recognized identity documentation is vital to enabling them to assert their socio-economic rights across regions. Measures to promote social integration and combat prejudice against migrants are also essential for fostering cohesive communities and reducing disparities.
 
There are various other reasons to improve the conditions for migrants as discussed below:
·       Migrants provide large support in the form of Labour supply.
·       Internal migrants not only fulfil their financial needs but also provide valuable skill and Labour to the society.
·       Migrants can reduce income disparities and can bring poverty reduction.
·       Better salary and skills to internal migrants could help them to earn more and send better remittances back home which will bring more flow of income in the economy.
·       Better conditions of health, social needs, political needs, and education could make them more efficient and they will no longer will remain burden on economy internal migration leads to more job opportunities and access to better services by rising competition.
 
In addressing these challenges, we must adopt an approach that empowers internal migrants to lead healthy and dignified lives in any location of their choosing. By prioritizing inclusive development strategies and fostering a supportive environment for migrant communities, we can work towards a more equitable and prosperous future for all citizens of India.
 
RECOMMENDATIONS
·       In order to provide them with safe and healthy living the govt. should make them registered. A registered portal should be initiated to make their record and analyze their movement.
·       The policies framed should be timely monitored and regulated to ensure their implementation and make a change to their living.
·       The governments (State and Centre) should work to expand and improve infrastructure (Transport, healthcare, education and housing) in order to give them just conditions.
·       There is a need to frame an identity card especially for the ones working in urban informal sectors in lieu of providing with regulated working conditions and accordingly remunerations should be granted.
·       They should be granted with easy and accessible healthcare and education with less paperwork requirement to give them ease of participation as many are illiterate and have to wait in queues to make things happen.
 
OTHER SUGGESTIONS:
Empowering Rural Areas:
- Strengthening rural economies through the creation of sustainable livelihood options is essential to mitigate distress migration. This includes initiatives to enhance food security, facilitate access to credit, and generate employment opportunities within rural communities.
- Improving rural infrastructure, including healthcare, education, and transportation, is crucial to enhancing the quality of life and attracting investment in rural areas.
 
Democratic Governance Mechanisms:
- Democratising governance mechanisms to ensure the participation of internal migrants in decision-making and planning processes is imperative. Empowering migrant communities to voice their concerns and shape policies that affect their lives can lead to more inclusive and effective interventions.
 
Flexible Education Opportunities:
- Providing flexible education opportunities for migrant children is essential to prevent their neglect and ensure their integration into the education system. This includes provisions for free higher secondary education, trained consultants for migrant children, and systematic changes to accommodate their unique needs.
 
Enhanced Social Integration:
- Measures to promote social integration and eliminate prejudice against internal migrants are necessary to foster cohesive communities. Public awareness campaigns, community engagement initiatives, and cultural exchange programs can contribute to bridging social divides and promoting solidarity.
 
Nationwide Identity Documentation:
- Implementing a nationally recognized and accessible system of identity documentation for internal migrants is critical to enabling them to claim their socio-economic rights across regions. This would facilitate access to essential services and promote social inclusion and mobility.
 
Data Collection and Policy Formulation:
- Addressing the lack of reliable data on migrant workers requires the establishment of a comprehensive registration system at the grassroots level. This would enable policymakers to better understand migration patterns and formulate targeted policy measures to address the needs of migrant populations effectively.
 
 
Skill Development and Employment Opportunities:
- Enhancing skill development programs and providing on-the-job training for migrant workers can improve their employability and earnings potential. Policy interventions should focus on developing technical skills relevant to both rural and urban contexts, including agriculture, animal husbandry, and service sector skills.
 
Infrastructure and Social Support:
- Ensuring access to basic infrastructure such as housing, sanitation, insurance, and healthcare is essential to safeguarding the well-being of migrant households. Government interventions should prioritize the provision of affordable housing, access to healthcare facilities, and social security schemes for migrant workers.
 
By adopting a holistic approach that addresses the root causes of migration, empowers migrant communities, and promotes social inclusion, India can harness the potential of internal migration to drive sustainable development and create a more equitable society for all its citizens.
 
Although, there are always two sides to a coin and the issue of internal migration is no different, it too have some pros (availability of cheap labour, reduction in income disparity by sending remittances etc.) and cons (increase in crime rate, conflicts, population rush etc.). Migration is a complex issue but every economy slowly but steadily is learning to deal with it and it is need to be addressed with patience and utmost care. States like Delhi which has become a major attraction for the in-migrants as discussed above, this issue needs more attention and had to be addressed on a serious note. Governments with the initiatives by ILO has planted various policies and with better implementation and people?s support, this issue could be resolved, so that population rush and issues like health, education, social and political could be timely handled and were merged well into the city.
 
Among policy options, the government should frame appropriate policies which can make the transition of migrants from one state to another easier. The laws framed by ILO should be strengthened and regulated properly. In order to ensure proper functioning of labor laws and migrants welfare, awareness among migrants regarding the safeguards and benefits available to them need to be made through trade unions and other skill and training programmes. Nurseries, schools and childcare facilities should be made available near workplace. There is also a need to eliminate intermediaries so that direct link between workers and employers could be made and more accessibility of jobs be made. Policy adoption by different States could be monitored forbetter inclusion of migrants.


[1] Census of India. (2011). Census of India 2011. New Delhi: Office of the Registrar General & Census Commissioner.
[2] Ibid.
[3] NSSO. (2010). ‘Migration in India 2007-2008’. NSS Report No. 533 (64/10.2/2). New Delhi: National Sample Survey Office, Ministry of Statistics and Programme Implementation, Government of India.
[4] Bhagat, R.B. (2018). “Development Impacts of Migration and Urbanisation.” Economic and Political Weekly, 53(48):15-19.
[5] Choudhary, R. C. (1991). “Migration of Rural Labour: A Case Study of Samastipur District in Bihar.” The Indian Journal of Labour Economics, 34(4): 347-351.
[6] Ibid.
[7] (1982) 3 SCC 235
[8] (2009) 10 SCC 477
[9] (1997) 1 SCC 388
[10] (1993) 1 SCC 645
[11] Saha, S., Goswami, R., & Paul, S.K. (2018). “Recursive Male Out-migration and the Consequences at Source: A Systematic Review with Special Reference to the Left-behind Women.” Space and Culture, India, 5(3): 30-53.
[12] UN. (2016). The Sustainable Development Goals and Migrants/Migration Regarding the UN 2030 Sustainable Development Agenda: Relevant SDGs, Implementation Actions, Realization Measurement Indicators and Rationales for Inclusion. New York, NY: United Nations.
[13] UN. (2016). The Sustainable Development Goals and Migrants/Migration Regarding the UN 2030 Sustainable Development Agenda: Relevant SDGs, Implementation Actions, Realization Measurement Indicators and Rationales for Inclusion. New York, NY: United Nations.

Authors: AKSHITA KAUSHIK
Registration ID: 107108 | Published Paper ID: IJLRA7108
Year: March-2024 | Volume: II | Issue: 7
Approved ISSN: 2582-6433 | Country: Delhi, India
Email Id: vidhikiranlegal@gmail.com
Page No: 23 | No of times Downloads: 0065
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