Human Rights of Workers and their Implementation: An India Perspective
- general.law
- Jun 15, 2021
- 11 min read
Author: Meenakshi Dixit
college name: Banasthali Vidyapith
Abstract
This research work encompasses the brief study of labor laws prevailing in India. By doing so, the focus is upon assessing the impact of human rights jurisprudence upon Worker’s Rights. It seeks to give an understanding as to how various labor laws existing in India helps the enforcement of human rights as well as their enforcement is subject to human rights. There are various case laws to cite through which we can get an understanding of the role of judicial organ in upholding human rights concept in the field of employment. An analysis of degree and impact of implementation is also provided as well as there is also an attempt made to suggest some other ways through which better implementation of human rights can be attained.
What is Meant by Human Rights?
Rights refer to those conditions in which a person can develop and utilize best of his personality. Among the various types of rights such as fundamental, legal or natural rights, Human rights are declared as inalienable and universally applicable. It is defined as universal guarantee that provide protection against any undesirable interference with fundamental freedoms and human dignity. Universality, absence of discrimination, interdependency and so are some of the integral characteristics of human rights. The universal declaration of Human Rights of 1948 is the most prominent step in the evolution of human rights jurisprudence. Human rights denote a wider concept of rights which may include within its ambit various other rights. The effect of declaring a certain right to be human rights makes it inalienable and intrinsic to the very existence of humanity.
Hilary Kellerson[1], speaking on the importance of ILO’s declaration of human rights of workers remarks that these rights provide reaffirmation of basic rights, at a time of widespread uncertainty.
The preamble of the Indian Constitution also enshrines liberty, equality and fraternity as some objective to be achieved. These assures the individual of equality in status and opportunity and upholding the dignity of the individual and the unity and integrity of nation. Article 1 of the Declaration of Human Rights adopted by United Nations Organization embodies the same principle that all the human beings are born free and in equal dignity and rights, and they should act towards one another in spirit of brotherhood (Constitutional Law of India, 2020). Gandhiji described India of My Dreams as an India where the poorest shall feel secure and that it is their country in whose making they have an effective voice[2].
In Sunil Batra v. Delhi Administration (No. 2)[3], Krishna Iyer J. had asserted that “today, human rights jurisprudence in India has attained a constitutional status”.
Are Labor Rights Human Rights?
In India, there are various issues and laws which are included in the category of human rights for making them invincible and giving them a high pedestal. The significant human rights issues include unlawful and arbitrary killing in policy custody or otherwise, torture and cases of inhuman and degrading treatment by public authorities. It would be fine to cite the case of Prem Shankar v. Delhi Administration[4], where Krishna Iyer J. acclaimed that in interpreting the constitutional or statutory provisions, the court must not forget the core principle found in article 5 of U.N Declaration of Human Rights,1948 which prohibits inhuman or cruel treatment to any human being.
Therefore, it becomes evident that human rights hold importance in India and the new judicial trend interprets the various provisions of part III of the Indian constitution dealing with fundamental rights in the light of such international conventions and human rights jurisprudence. The government in India also upholds the rights related to workers and their working condition in the ambit of human rights.
Arguments Supporting inclusion of Labor Rights under Human Rights- It is apparently clear that the right to work affects enjoyment of many other rights. The fulfillment of rights such as education, cultural participation, progress and livelihood, health etc is directly dependent upon the right to work and to have suitable working conditions.
There are many international conventions and documents which declare labor rights as human rights. Article 23 of the UDHR expressly declares right to equal pay for equal work as a human right as well as fair and just remuneration.
Article 24 embodies another principle that every worker has the right to leisure, reasonable working hours and paid holidays.
Under the American system, article 6 & 7 of San Salvador Protocol lays down that the right to work and equitable conditions of work must be just and satisfactory. Likewise, article 5 and 6 of the European Social Charter protects the right of workers to organize and bargain collectively.
ILO Convention 102 deals with prospects of social security which ensures protection to its members by various measures including pensions, retirement benefit, paid maternity leave, provident fund and gratuity and so on. These measures help in avoiding economic and social distress by making provision for handful of money even in circumstances wherein he may not be able to work. Likewise, article 25 of UDHR also states that every worker has a right to standard of living and sustainable health and well-being of his family, he is also entitled to the right to security in any event of unemployment, illness, old age, or any disability whatsoever may arise. In the case of Gueye v. France[5], it was held that amounts to the violation of article 26[6] to link up social security benefits to nationality, gender or such other considerations.
Therefore, it becomes apparent that labor rights are recognized well within the ambit of human rights through these international instruments. Further, the development in this area is a continuing activity and newer & newer rights are given the human right sanction.
NGO’s and Civil Society Organizations have also played a prominent role in enforcement of these rights. Kevin Kolben, has pointed out that the actions of human rights and the labor rights movements used to be combined more often in the past.
Arguments suggesting labor rights not being human rights- some of the scholars argue that labor rights do not have urgent and compelling value as human rights. Further, labor rights vary across different nation state, therefore it lacks universality. And it is also argued that labor rights are evolving with time whereas human rights are timeless and in existence since the dawn of civilization.
However, these arguments have received counter statements and it is claimed that labor rights are compelling claims these ensure protection of various other human rights such as freedom from torture, illness etc. The universal application of labor rights is evident from the fact that each nation protects its workforce and the laws relating to migrant labors present an eminent example of this point wherein strict enforcement of basic human rights of migrant workers are enforced irrespective of nationality.
Therefore, it can be derived from the above arguments that labor rights are human rights. And ensuring them helps a nation state to secure its growth and development in economy and society.
Human Rights of Workers in India
There are a series of legislations in India that’s seeks to protect labor rights. India has always been influenced by the human rights jurisprudence. It is a member of Commonwealth of Nations, and was also a signatory to the U.N Declaration of Human Rights. The constitution of India has also been framed with keeping these perspectives in mind. Article 14, 16, 19, 21, 23, 24, 32 etc are inclined to protect rights of working people and to ensure that they have an adequate livelihood necessary for developing as a human being. It has also been remarked by the judiciary in various case laws that survival does not imply a mere animal existence rather it includes availability of opportunities to grow and develop. The entry 55 of the union list under schedule 7 of the constitution makes labor regulation and safety a subject of central legislation. Vise entry 23 and 24 of Concurrent list, center and state both have right to make laws on labor welfare.
Safeguards under the constitution: the provisions of constitution which speaks of rights of working population are interpreted in the widest terms. Article 23 expressly prohibits forced labor and begar. It is in the case of Peoples Union for Democratic Rights v. Union of India[7], the supreme court has designated forced labor as violative of human dignity and contrary to basic human values. Justice Bhagwati said that the word force not only means physical or legal force, but includes force arising out of compulsion of economic circumstances which leave no alternative to the person and compels him to provide labor even without remuneration.
Article 19 (1) © guarantees freedom to all citizens to form association or unions or cooperative societies. In Kulkarni v. State of Bombay[8], it was observed that right of association presupposes an organization in the matters of common concern. It thus includes the right to form companies, societies, partnerships, political parties and trade unions.
The directive principles of state policy also envisage various human rights of labors- Clause E of Article 39 provides for various obligations upon state to ensure social justice which is fundamental to protect human rights of all. It provides that both men and women must be given equal rights to adequate means of livelihood. Equal pay for equal work and protection of health and strength of workers.
Article 43 states that government should endeavor to secure t all workers, agricultural, industrial or otherwise, a living wage, conditions of ensuring a decent standard of life and enjoyment of leisure and social & cultural opportunities.
Article 14, 15, 17, 25 gives workers fundamental right to work without discrimination. It gives them right against any kind of discrimination based on race, caste, place of birth, religion etc practiced by either state or even an individual.
Legislations Governing Worker’s Right as Human Right
Bonded Labor Abolition Act,1976 provides for the identification, rescue and duty to rehabilitate bonded labors. In case of Bandhua Mukti Morcha v. Union of India[9], the supreme court held that whenever existence of such a practice of bonded labor is reported, government should take it as an opportunity to examine and to take steps to eradicate it.
The Trade Union Act, 1926 provides for representation of workers through trade union. Also, the Industrial Disputes Act, 1947 has emphasized that the maintenance of industrial peace and the primary concern of collective bargaining.
The Factory Act, 1948 provides for health and safety of workers by laying various duties of keeping the premises clean, proper ventilation, sufficient space, lighting and drinking water. Section 67 of the act also prohibits the employment of children below 14 years in a factory. Likewise, special provisions for women worker are also mentioned in Mines Act, 1952.
The Employees State Insurance Act, 1948 provides for social security benefits such as paid leave during sickness, pregnancy and employment injury.
Payment of Gratuity Act, 1972 provides for all the workers to receive gratuity in addition to the wages if they have rendered continuous service for 5 years or more.
Payment of Bonus Act, 1965 states that every employee who draws a salary of Rs. 10,000 per month and has worked for at least 30 days in a year is entitled to bonus amount.
The Minimum Wages Act, 1948 further avoids unpaid labor/ begar by fixing a certain amount of minimum wages to be paid by different industries.
The Mines Act, 1952 also lays down limit of working hours in mines and adequate rest periods between the work. Section 51 of the Factories Act also provides that 9 hours work in a day is the maximum limit and a rest of at least half an hour shall be provided after every five hours.
Equal Remuneration Act, 1976 provide for equal pay to men and women for work of same nature. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 also makes similar provision in direction of equality.
The Unorganized Workers Social Security Act, 2008 is a new endeavor to protect rights of persons employed in unorganized sector.
Implementation of Human Rights of Workers
The human rights of workers are protected in various spheres, although there are some instances of violation of worker’s rights but the progress is unprecedented. India has been able to achieve equality, livelihood, education and social security to large number of working populations. In the state of Sikkim, laws provide the right to strike with certain restrictions as to prior notice and place.
It is found that enforcement is better in organized sector. The level of activeness of state and local government also influences the degree of implementation of human rights of workers. Ministry of Labor and Employment has reported that 11,296 bonded labors have been uplifted from June 2016- February 2020 by a central scheme. 67 bonded labors have been rescued from Uttar Pradesh with the aid of NHRC[10] and an NGO.
However, certain instances reflect gross violation of human rights such as 206 deaths has been reported in Tamil Nadu while cleaning septic tanks between 1993 and July 2019. On August 21, nine workers were reported to have died in a fire accident in Srisailam Hydropower Station in Telangana[11].
Therefore, it can be asserted that despite comprehensive laws, the effective implementation can only be availed by the efforts of enforcement agencies. There is a need to consider each and every worker as a precious gem and loss of life during employment must be totally eliminated by adopting all preventive safeguards against natural or artificial system failure.
Some of the suggestions of better implementation may include instilling a responsible attitude in employers, awareness of workers regarding their rights and enforcement agencies should be increased, worker should have participation in decision making process of industry and the business of employers relation to market must be made transparent towards workers, collective bargaining should be encouraged and workers should have free legal aid facilities.
Role of Judiciary in Enforcing Human Rights of Workers
Since independence, judiciary has always acted as a vital organ for safeguarding rights of workers. In case of Vishaka v. State of Rajasthan[12], supreme court laid extensive guidelines to prevent sexual harassment of women at work place. The court found gender equality includes protection from sexual harassment and right to work with dignity, is a universally recognized basic human right. It also took note of international conventions and norms to frame guidelines for this purpose which are applicable in private as well as public purpose.
In Dhirendra Chamoli v. State of U.P[13], it has been held that the principle of equal pay for equal work is also applicable to casual workers employed on daily wage basis.
In case of Occupational Health and Safety Association v. Union of India[14], the supreme court held that when workers are engaged in hazardous or risky jobs, the responsibility of state is doubled. Every state has an obligation and duty to provide at least the minimum condition ensuring human dignity.
In Gorakhpur University v. Shitla Prasad Nagendra[15], the court held that pension and gratuity are no longer matters of bounty but are valuable rights.
In recent times, the Telangana High Court directed the state government to provide food, shelter, transportation for about 150,000 workers of brick kiln who were stranded due to Covid 19 pandemic.
In case of Gujrat Mazdoor Sabha v. State of Gujrat[16], the Gujrat government had relaxed compliance of work hour etc under factories act to boost industrial activity in light of corona virus pandemic. The supreme court struck down the notification saying to violative to fundamental right to life of workers which includes right to human conditions of work and against directives in article 39, 42, 43 etc. This case strengthened the workers faith on power of union and allegiance to judiciary in protecting their human rights.
Conclusion
It is well established that the labor rights in India covers a wide aspect of human rights recognized internationally such freedom to choose employment, freedom of association, humane working conditions, sustainable working hours, prohibition of child labor, right not to be arbitrarily dismissed from service and various other employment right. Apart from this India has also strived towards ensuring adequate implementation of human rights and can definitely achieve more in successive years.
References
[1] Former deputy legal adviser of International Labor Organisation (ILO) [2] M.K Gandhi- India of My Dreams, pp. 9-10 [3] 1980 AIR 1579 [4] 1980 AIR 1535 [5] CCPR/C/35 D/196/1985 [6] Convention on the Rights of Children [7] AIR 1982 SC 1943 [8] AIR 1931 Bom 105 [9] 1984 AIR 802 [10] National Human Rights Commission [11] India 2020 Human Rights Report [12] AIR 1997 SC 3011 [13] (1986) 1 SCC 637 [14] AIR 2014 SC 1469 [15] (2001) 6 SCC 591 [16] Writ Petition (civil), 708 of 2020
Comments