Legal Framework to Protect the Rights of Migrant Workers: A Study with Reference to India

Abstract

In modern days right to life, freedom of profession and freedom of movement are recognised as a universal fundamental human rights, which are also interrelated and inter connected with each other. Universally, all human beings are equally entitled to enjoy all such rights. Indeed, migrant workers are also part of a human society who are not exceptional to enjoy all such rights. However, due to migration, migrant workers are marginalised and vulnerable groups. Perhaps, migrant workers are poor, illiterate and backward in all means. In this juncture, they have been exploited, discriminated and deprived to enjoy and access all such human rights equally compare to other non-migrant human beings across the globe. After the establishment of ILO and UNO, there are several International Declarations, Covenants and Conventional provisions etc.., which are equally applicable to all states across the globe including India to protect the rights of migrant workers. Similarly, in India also Constitutional provisions and legislative measures adopted, but due to failure to implement the above provisions effectively, migrant workers have been facing a lot of problems in inter-state and intra-state migration. Therefore, it is an attempt to know how for the rights of migrant workers have been safeguarded internationally and nationally. For this purpose the researcher has framed the following objectives