Social Security Of Migrant Workers In India During The Covid-19 Pandemic

Author: LawSphereX

Category: Labour & Employment

Published: 2026-08-23T21:06:47.84526+00:00

Updated: 2026-08-26T17:06:16.683+00:00

SOCIAL SECURITY OF MIGRANT WORKERS IN INDIA

DURING THE COVID-19 PANDEMIC

Dr. P. Angayarkanni M.A.M.L.,Ph.D.,PG.DFL, Dean, School of Law Perambalur Trichy1

ABSTRACT

The COVID-19 pandemic and the nationwide lockdown imposed in March

2020 precipitated an unprecedented humanitarian and labour crisis in India,

bringing to the forefront the acute vulnerability of migrant workers within the country’s socio-economic and legal framework. Migrant workers, predominantly employed in the informal sector and lacking stable contractual protections, were disproportionately affected by the sudden cessation of economic activity, restrictions on mobility, and breakdown of supply chains. This paper undertakes a critical legal and judicial analysis of the social security framework governing migrant workers in India during the COVID-19 pandemic, with the objective of examining the adequacy of existing laws, policies, and judicial interventions in safeguarding their fundamental rights.

The study analyses the constitutional foundations of social security in India, particularly the right to life and dignity under Article 21, “read alongside the Directive Principles of State Policy that envision a welfare-oriented state. ” It critically examines statutory mechanisms such as the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, the Unorganised Workers’ Social Security Act, 2008, and the subsequent consolidation under the Code on Social Security, 2020. The paper highlights how weak implementation, limited coverage, lack of portability of benefits, and dependence on documentation resulted in the exclusion of large numbers of migrant workers from relief measures during the pandemic.

These legal and administrative failures led to widespread deprivation of food, shelter, healthcare, and livelihood security, undermining the constitutional promise of social justice. While courts played an important role in directing the provision of food, transportation, and temporary shelter, the paper argues that judicial responses were largely reactive and relief-oriented, falling short of enforcing long-term social security entitlements or systemic reforms. By critically analysing legal failures and judicial responses, the study contributes to broader debates on welfare governance, labour rights, and constitutional accountability in India.

1 Pr: Dr.P.Angayarkanni M.A.M.L.,Ph.D.,PG.DFL, Dean, School of law Perambalur Trichy.

Keywords: Social Security, Migrant Workmen, Principles of State Policy, Socio-economic, Judicial interventions. Introduction The COVID-19 pandemic emerged as an unprecedented public health emergency that transformed into a severe socio-economic crisis across the globe. Migrant workers in India are largely engaged in informal employment characterized by the absence of written contracts, job security, and access to institutional social security mechanisms. 2 Their dependence on daily wages and employer-provided accommodation makes them particularly vulnerable to economic shocks. The pandemic revealed how deeply embedded informality and mobility are within India’s labour market and how existing welfare structures failed to accommodate these realities.

The mass movement of migrant workers during the lockdown, often undertaken on foot and under hazardous conditions, brought national and international attention to the systemic neglect of their social security needs. Social security, as a component of the welfare state, is intended to protect individuals from contingencies such as unemployment, sickness, and loss of livelihood. In the Indian constitutional framework, this protection is rooted in the right to life and dignity and reinforced by the Directive Principles of State Policy. 3 Despite these constitutional commitments and the existence of labour welfare legislation, the pandemic demonstrated a significant gap between legal guarantees and their practical enforcement.

Many migrant workers were excluded from relief measures due to lack of documentation, absence of registration, and non-portability of welfare benefits across state boundaries. The crisis also raised important questions about the role of the State and the judiciary in safeguarding the rights of migrant workers during emergencies. Judicial interventions through public interest litigation sought to address immediate humanitarian concerns, It extent to which such interventions translated into lasting social security protection remains debatable. 4 Understanding these failures is essential not only for addressing past injustices but also for 2 Indrani Mazumdar & Centre for Women’s Development Studies, Labour Law and the Migrant Worker (2019) (on file with Centre for Women’s Development Studies), https://www. cwds. ac. in/wpcontent/uploads/2024/11/LabourLawMigrantWorkerCWDS_ReportFinal1.

pdf 3 Purnima Bhardwaj, Manu Singh & Kunvar Dushyant Singh, Social Security and the Constitution of India 273– 74 (Mar. 2019) (observing that India is a welfare state and social security derives from Directive Principles of State Policy).

4 Public Interest Litigation in India: A Democratic Tool for Justice (The EduLaw), available at

https://www.theedulaw.in/content/articles/53/Public-Interest-Litigation-in-India%3A-A-Democratic-ToolforJustice (last visited Dec. 27, 2025) (hereinafter Public Interest Litigation in India: A Democratic Tool for Justice).

strengthening India’s social security system to respond more equitably to future crises. Concept of Social Security in a Welfare State: Social welfare refers to the organised system of public and institutional measures designed to promote the well-being, security, and quality of life of individuals and communities, particularly those who are economically or socially disadvantaged. 5 It encompasses a wide range of services, policies, and programmes aimed at ensuring access to basic necessities such as food, shelter, healthcare, education, employment support, and social protection. 6 The primary objective of social welfare is to reduce poverty, inequality, and social exclusion by providing assistance and support to individuals who are unable to meet their needs through personal or market-based means.

The concept of social security is central to the idea of a welfare state and reflects the State’s responsibility to ensure a minimum standard of living for all individuals, particularly those facing economic and social vulnerabilities. Social security encompasses a range of public measures designed to protect individuals against contingencies such as unemployment, sickness, disability, old age, workplace injury, and loss of livelihood. In a welfare state, social security is not viewed as charity or discretionary assistance but as a fundamental obligation of the State arising from principles of social justice, equality, and human dignity. It seeks to mitigate the adverse effects of market forces and structural inequalities by providing economic stability and social protection to those who are unable to secure these through individual effort alone.

In India, “the welfare orientation of the State is reflected in the Directive Principles of State Policy, which mandate the promotion of social welfare, adequate livelihood, and assistance in cases of unemployment, sickness, and old age. ” These principles underscore the State’s role as an active guarantor of social security rather than a passive regulator. Social security in a welfare state also serves an important stabilising function within society. By providing safety nets during periods of economic distress or crisis, it helps maintain social cohesion and public trust in state institutions. By institutionalising support for those at risk, social security reinforces the moral and constitutional foundations of the welfare state and 5 How Social Welfare Influences Government Decisions and Policymaking, Indian School of Public Policy (Mar. 28, 2025), https://www. ispp. org.

in/how-social-welfare-influences-government-decisions-and-policymaking/ (last visited Dec. 27, 2025). 6 Social Protection, International Labour Organization (ILO), https://www. ilo. org/topics-andsectors/socialprotection (last visited Dec. 27, 2025).

affirms the State’s obligation to uphold the dignity and security of all its members. Migrant Workers Migrant workers in India are individuals who move from their place of origin, either within a state or across state boundaries, in search of employment and better livelihood opportunities. They are predominantly engaged in informal and low-skilled sectors such as construction, manufacturing, agriculture, domestic work, transportation, and services. The nature of migrant work is often temporary, seasonal, and insecure, with employment largely based on verbal agreements rather than formal contracts. 7 Constitutional Provisions Article 21 and Directive Principles of State Policy: Constitutional Foundations of Social Security The Indian Constitution enshrines the protection of human dignity and welfare as fundamental obligations of the State.

Central to this framework is Article 21, which guarantees that “No person shall be deprived of his life or personal liberty except according to the procedure established by law. ” While the Article explicitly refers to the right to life and liberty, judicial interpretation over decades has broadened its scope to encompass not merely survival, but the right to live with dignity, thereby including essential aspects such as food, shelter, healthcare, and livelihood. The Supreme Court has repeatedly recognised that life is not limited to mere existence; it entails a quality of life that is dignified and free from destitution, exploitation, and vulnerability. 8 In the context of migrant workers, Article 21 assumes critical significance. “Migrant workers constitute a large segment of India’s informal economy, often engaged in low-wage, insecure, and temporary employment.

” Judicial interventions during the pandemic often relied on Article

21 to direct State action ensuring relief for stranded and vulnerable migrant workers,

reinforcing the constitutional obligation of the State to protect even those outside the formal

7 Labour Law and the Migrant Worker 1 (Centre for Women’s Development Studies, Nov. 2024),

https://www.cwds.ac.in/wp-content/uploads/2024/11/LabourLawMigrantWorkerCWDS_ReportFinal1.pdf. 8 Constitution of India art. 21, available at https://indiankanoon.org/doc/1199182/ (last visited Dec. 27, 2025)

economic system. 9 Complementing Article 21 are the “Directive Principles of State Policy (DPSPs), enshrined in Part IV of the Constitution. These principles, though non-justiciable, provide guiding frameworks for legislation and governance aimed at promoting social justice and welfare. ” Among these, Articles 38, 39, 41, and 43 are particularly relevant to social security and the protection of vulnerable workers. a) Article 38 obliges the State to promote the welfare of the people by securing a social order in which justice social, economic, and political shall inform all institutions of national life. This Article lays the groundwork for the State’s responsibility to intervene in the economy to protect workers and disadvantaged populations.

10 b) Article 39 directs the State to ensure that citizens, particularly workers, have adequate means of livelihood, equitable distribution of resources, prevention of concentration of wealth, and opportunities for healthy development. It emphasizes that the economic and social conditions of workers should not compromise their dignity or access to basic necessities. For migrant workers, who often face exclusion from local welfare schemes due to mobility or lack of registration, Article 39 provides the normative basis for portable and inclusive social security measures. 11 c) Article 41 mandates the State to provide public assistance in cases of unemployment, old age, sickness, and disablement, ensuring that citizens are not left destitute or vulnerable during periods of economic or social contingency.

This principle underlines the necessity of social security mechanisms to protect informal workers, 9 “Hungry Cannot Wait”: SC sets final deadline for Ration Cards to Migrant Workers, SabrangIndia (Oct. 11, 2024), https://sabrangindia. in/hungry-cannot-wait-sc-sets-final-deadline-for-ration-cards-to-migrant-workers/ (last visited Dec. 27, 2025) 10 Article 38: State to Secure a Social Order for the Promotion of Welfare of the People, Constitution of India (ConstitutionOfIndia. net), https://www. constitutionofindia. net/articles/article-38-state-to-secure-a-socialorderfor-the-promotion-of-welfare-of-the-people/ (last visited Dec. 27, 2025)

11 Article 39: Certain Principles of Policy to be Followed by the State, Constitution of India

(ConstitutionOfIndia.net), https://www.constitutionofindia.net/articles/article-39-certain-principles-of-policytobe-followed-by-the-state/ (last visited Dec. 27, 2025)

whose employment is often unstructured and lacking in continuity. 12 d) Article 43 encourages the State to promote living wages, decent working conditions, and a decent standard of life for workers. It reinforces the notion that economic activity must align with social justice, dignity, and welfare, principles particularly relevant to the informal migrant workforce. 13 Statutory Measures: The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter “the ISMW Act”) was enacted by the Indian Parliament with the primary objective of regulating the employment of inter-state migrant workers and ensuring the provision of basic welfare measures to safeguard their interests.

14 Recognizing the vulnerability of workers who migrate from one state to another in search of employment, often in unorganised sectors, the Act seeks to prevent exploitation by contractors and employers while guaranteeing minimum standards of living, health, and remuneration. The ISMW Act applies to establishments employing inter-state migrant workers through a contractor and sets forth obligations for both contractors and employers to secure the welfare of the workers during the period of employment. 15 The ISMW Act contains several provisions addressing the conditions of service for migrant workers. It mandates payment of wages in accordance with the Minimum Wages Act, provision of suitable housing, medical facilities, travel allowances to and from the place of work, and allowances for food and other necessities.

16 Employers are responsible for ensuring that the workers are provided with accommodation and hygienic living conditions, while contractors act as intermediaries to facilitate their employment. The Act further prohibits 12 Well-being of older persons mandated in the Constitution of India: Vice President, Press Information Bureau, Government of India (Oct. 1, 2015), https://www. pib. gov. in/newsite/PrintRelease. aspx? relid=128360 (last visited Dec. 27, 2025 13 Constitution of India art. 43, https://www. constitutionofindia. net/articles/article-43-living-wage-etcforworkers/ (last visited Dec. 27, 2025).

14 A Study on Social Security and Health Rights of Migrant Workers in India 1 (Nat’l Human Rights

Commission, India & Kerala Dev. Soc’y, Oct. 2020), https://nhrc.nic.in/assets/uploads/training_projects/Approved_Health%20and%20social%20security%20ISMW _KDS-NHRC.pdf (last visited Dec. 27, 2025)

15 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979,

RuralIndiaOnline.org, https://ruralindiaonline.org/or/library/resource/the-inter-state-migrantworkmenregulation-of-employment-and-conditions-of-service-act-1979/ (last visited Dec. 27, 2025) 16 A Guide on Minimum Wages Act 1948, sumHR (Feb. 15, 2023), https://www.sumhr.com/blog/a-guideonminimum-wage-act-1948/ (last visited Dec. 27, 2025)

discrimination and exploitation, seeking to align the treatment of migrant workers with legal and ethical standards of employment. Judicial interpretation has highlighted the Act’s relevance in protecting workers’ rights while underscoring the need for strict enforcement. “Courts have invoked the ISMW Act in cases of wage disputes, illegal recruitment, and violations of living and working conditions, emphasising the constitutional mandate of Article 21 (right to life with dignity) and the Directive Principles of State Policy. ” During the COVID-19 pandemic, the failure to implement the ISMW Act effectively became evident, as millions of migrant workers were left stranded without wages, shelter, or transportation, exposing systemic deficiencies in legal protection and administrative oversight.

The Unorganised Workers’ Social Security Act, 2008 It was enacted to provide a comprehensive framework for the welfare and social security of workers in the unorganised sector in India. The unorganised sector comprises a vast workforce engaged in activities where formal employment benefits like provident fund, pension, health insurance, and maternity benefits are largely absent. Recognizing the vulnerability of this segment, the Act aims to improve their socio-economic conditions through the provision of social security schemes, including life and disability cover, health and maternity benefits, old-age protection, and other welfare measures. The Act establishes the National Social Security Board (NSSB) to advise the central government on framing social security schemes for unorganised workers.

17 It also empowers state governments to identify unorganised workers and implement applicable welfare programs. The Act covers all workers in the unorganised sector, including home-based workers, street vendors, construction workers, self-employed individuals, and agricultural labourers, subject to registration and eligibility criteria. In Practice, implementation challenges have arisen due to identification, registration, and coordination between central and state governments. However, judicial interventions have reinforced the importance of social security for unorganised workers. In the Delhi High Court highlighted that unorganised workers’ rights to social security fall within the ambit of Article

21 of the Constitution, guaranteeing the right to life with dignity.18 Similarly, the court

emphasized that the government has a duty to formulate and implement schemes under the Act

17 Social Security Law for Unorganised Sector, Lok Sabha Q&A (July 21, 2014),

https://eparlib.sansad.in/bitstream/123456789/703683/1/5453.pdf (last visited Dec. 27, 2025) (Minister of State for Labour and Employment noting enactment of the Unorganised Workers’ Social Security Act, 2008.

18 R.D. Aggarwal v. Union of India (2011)

to ensure basic social security for unorganised workers, noting that mere legislative enactment without effective implementation would defeat the constitutional mandate. 19 The Code on Social Security, 2020 It represents a landmark legislative effort by the Indian government to consolidate and modernize the framework governing social security for workers across sectors. Enacted under the provisions of the Constitution and building upon previous statutes such as “the Employees’ State Insurance Act, 1948, the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,”20 and the Unorganised Workers’ Social Security Act, 2008, the Code seeks to streamline, expand, and harmonize social security provisions for both organised and unorganised sector workers.

”21 One of the objectives of the Code is to extend social security coverage to gig and platform workers, who were previously outside the ambit of formal protection, reflecting the changing nature of work in a digitalised economy. “The Code establishes mechanisms for universal registration, collection of contributions, and provision of welfare schemes, including life and disability cover, health insurance, maternity benefits, provident funds, and pension schemes. ” It introduces a flexible and adaptable regulatory framework, allowing the central government to notify schemes for different categories of workers while ensuring minimum statutory entitlements. Additionally, the Code emphasizes portability of benefits, an important feature for migrant workers who move across states, thereby addressing long-standing challenges of access and continuity in social security.

Despite its progressive provisions, the effectiveness of the Code depends on implementation, inter-state coordination, and administrative capacity. Critics note that while the Code provides a robust legal framework, gaps remain in enforcement, awareness, and practical access for informal and migrant workers. Nevertheless, the Code marks a significant step toward a comprehensive, inclusive, and rights-based social security regime in India, capable of responding to both routine socio-economic vulnerabilities and

19 K.K. Verma v. Union of India (2013)

20 Understanding the ESI and EPF Act – Applicability and FAQs, Taxmann (last updated July 14, 2025),

https://www.taxmann.com/post/blog/understanding-the-esi-epf-act (last visited Dec. 27, 2025) (providing an State Insurance Act, 1948 and the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 21 Code on Social Security, 2020: Towards Universal and Inclusive Social Protection, Press Information Bureau, Government of India (Nov. 22, 2025), https://www.pib.gov.in/FactsheetDetails.aspx?Id=150473&reg=3&lang=2 (last visited Dec. 27, 2025)

extraordinary crises such as the COVID-19 pandemic.22 Impact of COVID-19 on Migrant Workers in India: The COVID-19 pandemic and the nationwide lockdown imposed in India from March

2020 had a catastrophic impact on migrant workers, revealing the fragility of the country’s

social security mechanisms and the vulnerabilities inherent in informal employment. 23 “Migrant workers, who constitute a substantial portion of India’s informal labour force, faced sudden unemployment, loss of income, and deprivation of basic necessities such as food, shelter, and healthcare. ”24 With workplaces shut down and transportation systems suspended, millions were stranded in urban centres, unable to return to their native places, leading to a humanitarian crisis unprecedented in scale. The pandemic exposed the systemic neglect of migrant workers, highlighting gaps in legislative protection, welfare provision, and administrative preparedness. The socio-economic impact on migrant workers was multifaceted. Loss of employment deprived them of their primary source of livelihood, forcing many to endure hunger and extreme hardship.

“In urban areas, migrant labourers living in overcrowded accommodations or temporary shelters were particularly exposed to health risks, including the spread of COVID-19. ” Women and children among migrant communities were disproportionately affected, facing heightened vulnerability to exploitation, domestic violence, and denial of access to education and healthcare. 25 Judicial interventions during this period highlighted the constitutional dimensions of these vulnerabilities. “In Suo Motu W. P. (C) No. 1/2020, In Re: Migrant Labourers, the Supreme Court of India, recognizing the plight of stranded migrant workers, directed the States to provide shelter, food, and transportation for returning workers. ”26 22 Priya G.

Banu, Navigating Labour and Social Security Legislation in Indian Industries: A Critical Legal and Sectoral Review, Shodh Manjusha: An International Multidisciplinary Journal 386, 386–401 (Sept. 12, 2025), https://www. researchgate. net/publication/397675528_Navigating_Labour_and_Social_Security_Legislation_in _Indian_Industries_A_Critical_Legal_and_Sectoral_Review (last visited Dec. 27, 2025)

23 COVID-19 and Migrant Workers, Mahanirban Calcutta Research Group (CRG),

http://www.mcrg.ac.in/CRG_COVID-19/COVID_19_Migrant_Workers.html. (last visited Dec. 27, 2025) 24 Sohini Sengupta & Manish K. Jha, Social Policy, COVID-19 and Impoverished Migrants: Challenges and Prospects in Locked Down India, The Int’l J. of Community & Social Dev. 152, 152–72 (2020), https://journals.sagepub.com/doi/10.1177/2516602620933715 (last visited Dec. 27, 2025) 25 A Policy Review on the Visibility of Migrant Women Exposed to, and at Risk of, Violence in Public Policies, PubMed Central, https://pubmed.ncbi.nlm.nih.gov/PMC10871521/ (last visited Dec. 27, 2025) 26 Sanya Talwar, Adequate Food, Shelter and Transport to Be Immediately Provided by Centre, States Free of Costs to Migrant Workers: SC Takes Suo Motu Cognisance of Migrant Issues, LiveLaw (May 26, 2020),

“The Court emphasized that the right to life under Article 21 of the Constitution, interpreted to include the right to livelihood, necessitated immediate State action. ” Similarly, in the Allahabad High Court underscored the responsibility of the government to ensure that migrant workers are not left destitute during emergencies and mandated the provision of basic amenities and safe transport. 27These judicial pronouncements reflect the recognition that deprivation of livelihood and essential services constitutes a violation of constitutional rights, even in extraordinary circumstances such as a pandemic. “The pandemic also highlighted the limitations of existing statutory frameworks.

Laws such as the Inter-State Migrant Workmen Act, 1979 and the Unorganised Workers’ Social Security Act, 2008 were inadequately enforced, with benefits being largely inaccessible to migrant labourers due to lack of registration and portability. ” The absence of a comprehensive data system on migrant workers compounded administrative challenges, making it difficult for authorities to identify, track, and provide relief effectively. The crisis underscored the need for a rights-based, portable, and inclusive social security system capable of responding to emergencies while addressing routine vulnerabilities. The economic and humanitarian crisis experienced by migrant workers during COVID-19 also prompted broader policy reflection.

28 Pradhan Mantri Garib Kalyan Yojana: The government introduced measures such as the Pradhan Mantri Garib Kalyan Yojana, which provided food security and limited financial assistance. However, gaps in coverage and execution revealed the inadequacy of ad hoc relief measures in ensuring longterm protection. Scholars and activists have argued that the pandemic exposed the structural inequalities faced by migrant workers, emphasizing the urgent need for legal and policy reforms that institutionalize welfare entitlements rather than relying on temporary schemes or judicial intervention. 29 https://www. livelaw. in/top-stories/breaking-adequate-food-shelter-and-transport-to-be-immediately-provided - by-centre-states-free-of-costs-to-migrant-workers-sc-takes-suo-motu-cognisance-of-migrant-issues-157342/. (last visited Dec. 27, 2025

27 Shri Rakesh Yadav v. State of UP (2020)

28 Empowering India’s Migrant Workforce: Key Schemes and Progress 1 (Ministry of Labour & Employment, Government of India, Dec. 16, 2024), https://labour.gov.in/sites/default/files/pib2084805.pdf (last visited Dec. 27, 2025)

29 Shivchaitanya Mahajan, Pradhan Mantri Garib Kalyan Anna Yojana (PM-GKAY): Addressing COVID-19

Non-Portability of Social Security Benefits: Migrant workers during the COVID-19 pandemic. Most welfare schemes in India, including the Public Distribution System, health insurance, and state-specific social security programs, are linked to the worker’s place of residence or state of domicile. 30 As a result, migrant workers who move from one state to another in search of employment often find themselves excluded from these benefits in their place of work. “This structural limitation creates significant vulnerability, as workers are deprived of access to food, healthcare, and emergency assistance during crises. ” The pandemic amplified this problem, with millions of inter-state migrants stranded in urban centres without entitlement to basic services.

Experts argue that portable social security, allowing benefits to follow workers across states, is essential to ensure inclusivity and protect the rights of mobile labour populations. Without portability, migrant workers remain among the most marginalized and underserved sections of the workforce. 31 Judicial Responses to COVID-19 on Migrant Workers: The unprecedented humanitarian crisis faced by migrant workers during the COVID19 pandemic prompted significant judicial intervention, highlighting the role of the judiciary in enforcing constitutional rights when executive measures were inadequate. Courts across India invoked Article 21 of the Constitution, interpreting the right to life to include the right to livelihood, access to food, shelter, healthcare, and safe transportation.

32 In Re: Migrant Labourers, the Supreme Court took suo motu cognizance of the plight of stranded migrant workers and directed states to ensure immediate relief, including provision of food, shelter, and transport for returning workers. The Court emphasized that the State has a constitutional obligation to protect vulnerable populations, even under extraordinary Vulnerabilities, IMPRI Impact and Policy Research Institute (Apr. 8, 2025), https://www. impriindia. com/insights/pradhan-mantri-garib-kalyan-yojana-pm-gky-addressing-covid-19-vulnera bilities/. (last visited Dec. 27, 2025)

30 Social Security and Welfare Schemes for Migrant Labourers 1 (Ministry of Labour & Employment,

Government of India, Mar. 24, 2022), https://labour.gov.in/sites/default/files/pib1809227.pdf (last visited Dec. 27, 2025)

31 Portable Benefits: What It Is, How It Works, Investopedia (updated July 15, 2024),

https://www.investopedia.com/terms/p/portable-benefits.asp (last visited Dec. 27, 2025) 32 Shivangi Roy, Right to Life: An Analysis on Article 21, Indian Journal of Integrated Research in Law, Vol. III, Issue VI, at 369–(2023), https://ijirl.com/wp-content/uploads/2023/12/RIGHT-TO-LIFE-AN-ANALYSIS- ON-ARTICLE-21.pdf (last visited Dec. 27, 2025)

circumstances such as a nationwide lockdown. Similarly, the Allahabad High Court stressed the responsibility of state authorities to provide basic necessities and facilitate safe travel for migrant workers. 33 High Courts in Kerala, Karnataka, and Maharashtra also intervened, directing local administrations to provide temporary shelters, health facilities, and transportation services. These judicial responses underscored a proactive interpretation of fundamental rights, bridging the gap between statutory inadequacies and immediate humanitarian needs. However, while the courts ensured temporary relief, systemic deficiencies in social security schemes and non-portability of benefits limited the long-term effectiveness of judicial intervention.

The pandemic thus highlighted the critical role of the judiciary in protecting migrant workers’ rights while emphasizing the need for structural reforms to create a more inclusive and enforceable social security framework. Operationalisation of the Code on Social Security, 2020 The effective protection of migrant workers in India requires urgent structural reforms, particularly in the implementation of existing social security legislation. One of the most critical recommendations is the operationalisation of the Code on Social Security, 2020, with explicit and enforceable provisions addressing the unique needs of migrant workers. 34 Although the Code represents a progressive step toward consolidating social security laws and extending coverage to unorganised, gig, and platform workers, its potential remains unrealised due to delayed implementation and lack of clarity in rule-making.

To ensure meaningful protection, the Code must mandate universal registration of migrant workers through simplified, technology-enabled mechanisms, independent of employer or contractor discretion. Clear guidelines should be framed to ensure access to health insurance, maternity benefits, provident fund schemes, and income support during periods of unemployment or crisis. Additionally, the Code should impose accountability on employers, contractors, and state authorities to ensure compliance, backed by monitoring mechanisms and grievance redressal systems accessible to migrant workers. Equally important is the ensuring of portability of social security benefits across states, which is essential in a labour market characterized by high mobility. Migrant workers frequently move between states for employment, and welfare schemes tied to place of origin

33 in Shri Rakesh Yadav v. State of Uttar Pradesh (2020)

34 Shivangi Roy, Right to Life: An Analysis on Article 21, 3 Ind. J. Integrated Research in Law 369, 369-83 (2023) (India), ISSN 2583-0538.

or residence often exclude them from accessing basic entitlements at their destination. 35 The absence of portability during the COVID-19 pandemic resulted in widespread deprivation of food, healthcare, and financial assistance. A robust, portable social security framework would allow benefits such as ration entitlements, health insurance, pension schemes, and cash transfers to follow workers across state boundaries. 36 This requires enhanced inter-state coordination, harmonisation of welfare databases, and integration of digital platforms such as Aadhaar-linked but rights-sensitive systems to ensure inclusion without exclusion. Together, operationalising the Code on Social Security, 2020, and ensuring portability of benefits would mark a decisive shift from ad hoc relief to a rights-based and inclusive social security regime.

Such reforms would strengthen India’s welfare state, uphold constitutional guarantees under Articles 21 and 41, and ensure that migrant workers are protected not only during emergencies like pandemics but also in ordinary times, thereby safeguarding their dignity, livelihood, and social security. 37

CONCLUSION

The COVID-19 pandemic stands as a defining moment in India’s contemporary labour and social security landscape, particularly in relation to migrant workers. The crisis exposed long-standing structural weaknesses in the country’s welfare framework, including fragmented legal protections, inadequate implementation of labour laws, and the non-portability of social security benefits across states. The mass displacement, loss of livelihood, and humanitarian distress experienced by migrant workers during the lockdown highlighted a stark disconnect between constitutional guarantees of dignity and the lived realities of informal labour. As a current affair of lasting significance, the pandemic underscored that migrant workers remain central to India’s economic growth yet peripheral in its social protection systems.

Judicial interventions during the pandemic reaffirmed the constitutional mandate under Article 21 and the Directive Principles of State Policy, compelling the State to provide food, shelter, healthcare, and transportation. While these responses offered immediate relief, they also

35 Madhunika Iyer, Migration in India and the Impact of the Lockdown on Migrants, PRS Policy Blog

(June 10, 2020), https://prsindia.org/theprsblog/migration-in-india-andthe-impact-of-the-lockdown-on-migrants. 36 Shahra Razavi, Making the Right to Social Security a Reality for All Workers, 65 Ind. J. Labour Econ. 269 (2022), doi:10.1007/s41027-022-00378-6. 37 Jacob John et al., A Study on Social Security and Health Rights of Migrant Workers in India 1–127 (Kerala Development Society & National Human Rights Commission 2020) (on file with National Human Rights Commission, India), https://nhrc.nic.in/assets/uploads/training_projects/Approved_Health%20and%20social%20security%20ISMW _KDS-NHRC.pdf.

revealed the limitations of crisis-driven and court-led solutions in addressing systemic exclusion. The experience has prompted renewed policy debates on labour law reform, welfare portability, and the urgent need to operationalise the Code on Social Security, 2020. Initiatives such as “One Nation, One Ration Card” indicate a shift toward portability, yet uneven implementation continues to challenge effective coverage. In the context of current affairs, the pandemic has transformed migrant workers’ social security from a marginal policy issue into a central concern of governance, federal coordination, and human rights. The lessons drawn from COVID-19 emphasise the necessity of a rights-based, inclusive, and resilient social security system capable of responding to both emergencies and everyday vulnerabilities.

Ensuring meaningful protection for migrant workers is no longer merely a welfare objective but a constitutional and moral imperative essential for India’s social justice and sustainable development agenda.