Legal Protections For Migrant Workers From India And Other Countries - An Analysis

Author: LawSphereX

Category: Labour & Employment

Published: 2026-08-23T20:31:25.215079+00:00

Updated: 2026-08-30T07:06:35.509Z

LEGAL PROTECTIONS FOR MIGRANT WORKERS FROM

INDIA AND OTHER COUNTRIES: AN

ANALYSIS

Mr. Md Jiyauddin, Assistant Professor of Law, Vel Tech Rangarajan Dr. Sagunthala R&D Institute of Science and Technology

ABSTRACT

Migrants contribute to economic progress and human development in both home and host governments, they are frequently the victims of human rights breaches, discrimination and exploitation. A key strategy for raising living standards and achieving human rights for migrants and their families have been migration. Enforcing the human rights of all people, including migrants, is the responsibility of the State. Human rights challenges are becoming more pressing as widespread abuses of human rights have been occurring recently. The responsibility to protect migrants from discrimination, violence, exploitation and other negative experiences rests with every State or Nation government. An approach to immigration that is based on respect for human rights is crucial in rescuing migrants from the precarious state of marginalisation and poverty.

While migrants within the nation do have the sovereign right to receive benefits to which they are entitled, they also have a responsibility to uphold the rights to respect, safety, and human dignity of all citizens. Regardless of their nationality or place of origin, it also applies to foreign migrants who have lawfully entered the area. Human rights breaches occur when migrants are exploited sexually, physically, or economically, and frequently no legislation is in place to defend their rights. The author of this article discusses the rights that migrants have under both Indian and international legal perspectives. Keywords: Human rights, Protect migrants, Discrimination, Violence, Exploitation and Legislation.

INTRODUCTION

The 2030 Agenda of the United Nations recognises migration as a necessary component of attaining sustainable development. Moreover, equitable and sustainable economic growth with full and productive employment and decent work for all is the aim of Sustainable Development Goal 8. However, because of the country's mostly unorganised economy and reliance on migration as a major means of securing a living, finding respectable job in India continues to be an enormous difficulty. Over 280 million individuals live and work in countries other than their birth or citizenship, including migrant labourers, refugees, asylum seekers, permanent immigrants, and others. They are mostly migrant labourers.

A person who is to be engaged or has been engaged in a remunerated activity in a State of which he or she is not a national is the definition of migrant worker given in article 2, paragraph 1 of the Convention on Migrant Workers. The Convention establishes new guidelines for defining the rights that pertain to specific groups of migrant workers and their families, such as self-employed individuals, project-tied workers, seasonal workers, seafarers, frontier workers, and workers on offshore installations. While migrant workers in irregular situations and their families, who often experience significant human rights breaches and are exploited, recognised as having rights under the Convention, the Committee is tasked with keeping an eye on how States uphold and enforce these rights. It seeks to better migrant workers' and their families' lives via its efforts.

The Citizenship Act of 1955 provides information on how to become an Indian citizen. One such route is naturalisation, subject to residence restrictions. Among other prerequisites, one must not be an "illegal migrant" and, with certain exceptions, generally have been in India for at least 11 years in total to be eligible. In December 2019, the Citizenship (Amendment) Act,

2019 was passed, amending the CA Act. A proviso was added to the definition of "illegal

migrant" by the CAA 2019, meaning that people who enter India on or before December 31,

2014 (the "Cut-Off Date") who are members of Hindu, Sikh, Buddhist, Jains, Parsi, Christian,

or other "Identified Communities" from Bangladesh, Pakistan, or Afghanistan are no longer considered illegal migrants. In addition, these people will be eligible for an expedited route to citizenship after just 5 years of presence in India, as opposed to the usual 11 years. Furthermore, the CAA 2019 eliminates any disqualification from obtaining for citizenship based on any actions against such individuals that may have been underway under the CA Act or any other legislation regarding unlawful migration upon award of citizenship.

RESEARCH

METHODOLOGY

The researcher has been examining the current legislation and the legal framework that represents migrant labourers in India and other nations in this article. In order to enhance the organisation of this study and comprehend the extent of the legal protections afforded to migrant labourers in India and other nations. Secondary methodology has been employed by the author. Books, different study papers, journals, newspapers, and internet websites are examples of secondary data.

OBJECTIVES

Ø laws that apply to migrant workers in India and other nations. Ø Workers from other countries are entitled to equality and human decency. CONSTITUTIONAL CLAUSES SAFEGUARDING MIGRANT WORKERS' RIGHTS The Indian Constitution offers a broad framework for regulating working conditions and protecting and enhancing migrant workers' means of subsistence under Chapter IV of the Directive Principles of State Policy and Chapter III of the Fundamental Rights. As stated below, the Constitution's Fundamental Rights provide equality and equal chances. • Article 14 states that no one living on Indian territory may be denied equality before the law or equal protection under the law. • Article 15 guarantees that no one will be discriminated against on the basis of race, religion, caste, sex or place of birth etc. , but this provision only applies to citizens.

• Article 16 ensures that every person has equal access to public employment opportunities. The freedom of all Indian residents to gather peacefully and without weapons is guaranteed by Art.

19 (1) (b); nevertheless, the state may impose reasonable limits in accordance with Clause 3 of

Art. 19. The freedom of all people to organise unions or associations is guaranteed by the Constitution. • All Indian nationals are guaranteed the freedom to travel across the country without restriction under Article 19 (1) (d). • Every citizen of India is granted the freedom to live and settle wherever on its territory, as stated in Article 19 (1) (e). • Every person is guaranteed the freedom to practise any profession and to engage in any kind of employment, trade, or business under Article 19(1)(g). • The Constitution states that no one may be deprived of their life or personal freedom unless a legally prescribed process is followed. • Human trafficking, begging, and other such types of forced work are forbidden under Article 23. • Article 24 forbids the employment of minors in factories under the age of 14 years old.

• The freedom of conscience, the ability to practise and spread religion, and other fundamental rights are guaranteed by Article 25 and are crucial in defending the fundamental human rights of migrant workers in India. When the basic rights guaranteed by the Constitution are violated, migrant workers may file writs and PILs in court using the provisions of Art. 226 before the High Courts and Art. 32 before the Supreme Court to seek protection. Equality before the law or Equal protection under the law: Article 14 guarantees equality before the law. The concept of equality is the foundation of the idea of equality among equals, which states that people with comparable situations shall be regarded equally.

It states that "The state shall not deny to any person equality before the law or equal protection of laws within the territory of India" It makes it abundantly evident that it is accessible to everyone living in India without distinction; also, the state is obligated to provide equal protection for refugees, and in the event that this is not the case, they may use the provisions of Article 14. Right to life and Personal Liberty: Article 21 guarantees the right to life and personal liberty, independent of nationality, as well as the right to a dignified existence inside Indian territory under conditions equivalent to those experienced by foreign residents. It states that "No person shall be deprived of his life or personal liberty except according to procedure established by law".

Following the Maneka Gandhi case ruling, Article 21 has the broadest scope and protects a number of rights granted to migrant labourers, refugees, foreign nationals, and non-citizens in India. This article provides following rights such as- (i) Right to live with human dignity (ii) Right to livelihood (iii) Right to Shelter (iv) Right to Education (v) Right to Social Security and Protection of the Family (vi) Right to Health and Medical Assistances (vii) Right to Privacy (viii) Right to Free Legal Aid and Right to Speedy Trial (ix) Right against Inhuman Treatment Defence Against Arrest and Imprisonment: In some situations, the Indian Constitution offered protection from arrest and imprisonment. It represents protection against unauthorised incarceration and lays forth specific steps that must be taken in the event that an individual is detained.

Articles 22(1) and (2) Establish: (1) No one who is arrested may be held in prison without being promptly informed of the reasons for the arrest, nor may he be refused the opportunity to speak with and be represented by the attorney of his choosing. (2) Anyone who is detained in custody after being arrested must appear before the nearest magistrate within twenty-four hours of the arrest, excluding the time required for travel from the place of arrest to the magistrate's court. If someone is held in custody after this time, they cannot be kept there without a magistrate's permission. It establishes the four rights or protections, against arrest or incarceration made possible by general law in relation to the conduct of crimes. a) The right to know the reasons for an arrest or imprisonment as quickly as possible.

b) The right to choose the attorney who will represent him and to confer with them. c) The right to appear before the nearest magistrate within a day after the arrest. d) The right to be released from custody after twenty-four hours without the magistrate's permission. Defence Regarding Conviction for Crimes: Regarding conviction for offences, the constitution offers protection. All people, citizens or not, are entitled to the protections outlined in Article 20. As per Article 20, a business that is charged, tried, found guilty, or sentenced for a crime is considered a "person" as well. Article 20 Offers:

1. No one shall be found guilty of any crime other than breaking a law that was in effect

at the time the act charged as an offence was committed, nor shall they suffer a punishment worse than what would have been allowed under the law that was in effect at the time the offence was committed.

2. No one may face legal action or punishment more than once for the same offence.

3. No one who is charged with a crime may be forced to testify against himself.

Prohibition against exploitation: India's Constitution offers safeguards against exploitation. Everyone has this right, regardless of status: citizens, non-citizens, or foreigners. There is protection from the state as well as from private persons under its provisions. Article 23 of the Constitution forbids the trafficking of human beings, the use of beggars, and other like types of forced labour; any infringement of this clause will be dealt with legally. It does not, however, forbid the state from enforcing mandatory services for public purposes, so long as it does not discriminate solely on the basis of caste, religion, race, or class, or any combination of these. Forced labour and the trafficking of human beings are prohibited. The practice of human trafficking is banned in nearly all international instruments pertaining to human rights. Art.

24 grants protection from exploitation as well. It states that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. " The protection of minors under the age of fourteen is ensured by this provision, when read in conjunction with the DPSP found in Art. 39(e) and 39(g). 54 It is possible to clearly and unequivocally execute the ban outlined in Article 24 against every person, state or private. Right to Religious Freedom: The fundamental tenet of the Constitution is secularism. The state ought to be impartial and treat all religions equally when it comes to religious matters. The Indian Constitution guarantees everyone the right to "freedom of religion," whether they are citizens, non-citizens, or foreigners.

Article 25 of the Indian constitution states: "Subject to public order, morality and health and to the other provision of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion". Migrant Workers' Support for State Policy's Directive Principles: The state is required under the Constitution to take action on the issues. Thus, Art. 38 mandates that the state ensure social order in order to further the welfare of the populace. Equal compensation for equal labour is stipulated in Article 39(d) for men and women alike. Additionally, Article 39(e) mandates that employers protect the health and well-being of workers, including women and children, and Art. 41 guarantees the right to work, education, and public assistance in specific circumstances.

Article 42 mandates that the state provide for maternity benefits and fair and humane working conditions. Article 43 mandates that the state make every effort to ensure that all workers have access to a fair quality of living and a liveable wage by appropriate laws or economic organisation. According to Article 47, it is the state's responsibility to enhance public health, boost living standards, and promote nutrition. INTERNATIONAL PROVISIONS FOR PROTECTING MIGRANT WORKERS

Right Life: A migrant workers and their family member's right to life is guaranteed by law, according to Article 9 of the Migrant Workers Convention of 1990. • Arrangements to Avoid Torture: According to Article 10 of the Migrant Workers Convention of 1990, no migrant worker or member of their family may be punished or treated cruelly, inhumanely, or degradingly. • Religious and thought freedom: Workers who migrate abroad are granted the freedom of speech and religion in accordance with Article 12 of the Migrant Workers Convention of 1990. (i) The freedom of conscience, religion, and thinking should be guaranteed to migrant labourers and their families. This right will encompass the freedom to practise, observe, teach, and worship whatever religion or believe one chooses, as well as the freedom to do it on one's own, in a group, or in public or private.

(ii) Coercion that would restrict an individual's right to practise or adopt a religion or belief of their choosing is not permitted for migrant workers or members of their families. (iii) The freedom to express one's religion or beliefs may only be restricted in ways that are allowed by law and required to safeguard others' basic rights and freedoms as well as the public's safety, order, health, or morality. (iv) States Parties to the current Convention promise to support the freedom of parents, who must be migratory workers, and, if necessary, legal guardians, to

provide their children with a moral and religious upbringing that is consistent with their own beliefs. • Property Rights: No migrant worker or member of their family may be unfairly deprived of property, whether owned alone or jointly with others, according to Article

15 of the Migrant Workers Convention, 1990. If a migrant worker or a member of their

family has their assets expropriated in whole or in part under the laws in effect in the State in which they are employed, they are entitled to just and sufficient compensation. • Equitable Rights: The 1990 Migrant Workers Convention, Article 18 (i) In courts and tribunals, migrant labourers and their families are entitled to the same treatment as citizens of the State in question. They shall have the right to a fair and public hearing before a qualified, unbiased, and independent tribunal appointed by law in order to determine the merits of any criminal charges brought against them as well as their rights and responsibilities in any litigation. (ii) Until proven guilty by a court of law, migrant workers and members of their families who are accused of a crime are entitled to the presumption of innocence.

(iii) The following minimal assurances should be granted to migrant workers and members of their families in the event that they are charged with a crime: a) To be notified of the nature and circumstances of the complaint against them as soon as possible, in full, and in a language, they can understand; b) To have enough time and resources to prepare their defence and consult with the attorney of their choice; c) To be tried as soon as possible; d) To be tried in their presence and to defend themselves in person or through legal assistance of their own choosing; to be informed, if they do not have legal assistance, of this right; and to have legal assistance assigned to them, in any case where the interests of justice so require and without payment by them in any such case if they do not have sufficient means to pay; e) To examine or have examined the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them; f) To have the free assistance of an interpreter if they cannot understand or speak the language used in court; g) Not to be compelled to testify against themselves or to confess guilt.

(iv) When it comes to minors, the process should be designed to include both their age and the need to support their recovery. (v) According to the legislation, convicted migrant workers and members of their families have the right to have a higher tribunal examine their judgement and penalty. (vi) In cases where an individual, whether a migrant worker or a family member, has been found guilty of a criminal offence by a final decision and then has that conviction overturned or is pardoned due to the discovery of new information conclusively demonstrating a miscarriage of justice, the person who has been punished as a result of that conviction will be compensated in accordance with the law, unless it can be demonstrated that the person's failure to disclose the relevant information at the relevant time was exclusively or partially their fault.

(vii) No migrant worker or member of their family may be subject to a second trial or punishment for an infraction for which they have already been found guilty or found not guilty in accordance with the relevant State's laws and penal procedures. • Trade Union Rights: Article 26 of the Migratory Workers Convention, 1990 states that state parties acknowledge the right of migratory workers and their families to participate in trade union and other legally organised groups' meetings and activities.

Countries the parties acknowledge the following rights of migrant workers and their families: a) To participate in trade union and other legally created associations' meetings and activities in order to safeguard their economic, social, cultural, and other interests, subject solely to the regulations of the relevant organisation; b) It is permissible to freely join any of the aforementioned trade unions and associations, subject only to the regulations of the particular organisation; c) It is permissible to ask for support and help from any of these associations and unions. • Health is a right: According to Article 28 of the Migrant Workers Convention, 1990, migrant workers and their families are entitled to treatment on an equal footing with citizens of the State in question for any medical care that is urgently needed to save their lives or prevent irreversible harm to their health.

They will not be denied access to such emergency medical treatment due to any irregularities in their work or place of residence. • Possession of Nationality: Every child of a migrant worker has the right to a name, birth registration, and nationality, according to Article 29 of the Migrant Workers Convention, 1990. • Child's right to an education: According to Article 30 of the Migrant Workers Convention of 1990, every child of a migrant worker is entitled to a basic education on the same terms as citizens of the State in question. The irregularity of the child's stay in the state of employment or the irregularity of either parent's stay or employment must not be grounds for denial or limitation of access to public pre-school educational institutions or schools.

• Employment Rights: According to Article 43 of the Migrant Workers Convention, 1990, migrant workers would be treated equally with citizens of the state in which they are employed with regard to: a) Access to educational institutions and services, according to admission standards and other rules of the relevant institutions and services; b) Access to services for career counselling and placement; c) Access to facilities and institutions for vocational training and retraining; d) The ability to get accommodation, especially social housing programs, and defence against rent-related exploitation; e) Having access to social and health services, given that the prerequisites for enrolment in the relevant programs are satisfied; f) Access to self-managed businesses and cooperatives, which won't need them to alter their immigration status and will be governed by the policies and guidelines of the relevant organisations; g) Having access to and engaging in cultural activities.

CONCLUSION

The government must acknowledge the specific forms of exploitation and prejudice experienced by migrants. Due to their cultural alienation and separation from influential local institutions, they are entitled to additional safeguards. It is stated that the country's domestic legal framework for interstate migrant workers is insufficient to safeguard their rights, and as a result, interstate migrant workers have been dealing with several issues in a number of nations. Although migrant workers in India are entitled to the fundamental rights outlined in section III of the Constitution, they are unable to defend their rights because of poverty and illiteracy.

With the creation of the 2019 and 2020 Labour Legislation Codes, which have not yet been put into effect, the Indian government has now abolished the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979. As per the prior legislation is concerned which was not adequately executed by the states in India. As a guaranteed entitlement for all immigrant families, the government must increase funding for public infrastructure, which includes housing, public transit, education, and access to the public distribution system. This is not only necessary to reduce the disparity in the standard of living and job opportunities between native-born people and immigrants.

REFERENCES

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