Uncaring states (Don't dilute labour laws at will)

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 Uncaring states (Don't dilute labour laws at will)

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• Labour laws amended: After the reverse migration of millions, many states suddenly decided to dilute many of the existing labour laws. The PM's Atmanirbhar Bharat Abhiyan (ANBA) too indicated legal changes. The simple and direct rule is that any change has to be in line with fundamental rights and DPSPs (Directive Principles). What if not? Judicial scrutiny is inevitable.
• Wages driven up: The states that are net importers of labour are now in shortage, so wages are up. So some states forcibly attempted to stop migration, violating Article 19(1)(d) of the constitution [Karnataka govt's effort, later abandoned]
• Gujarat wants penal action: The state govt. wants factories to act against labourers who went back, and many Employers' Groups met the Union Labour Minister urging him to issue advisory to labourers (so they'd return - out of fear).

1. Article 23 prohibits any compulsion for working as it is a "right against exploitation"
2. The S.C. verdict in the PUDR versus Union of India (1982) case held that laws protecting contract labourers and migrant workers were to protect human dignity, and violation is equal to violating Article 21! Threat of fine is also violation of Article 23.
3. SC had said then that no one would like to work at lower than minimum wages, unless due to some force or hunger or poverty. And today in 2020, states want to remove even those basic protections!

• The Uttar Pradesh case: The UP govt. went one step ahead, and suspended all labour laws in the state except three, for a period of 3 years! The ordinance retained some laws - Bonded Labour System (Abolition) Act 1976, Section 5 of Payment of Wages Act 1936, and Employees Compensation Act 1923. Provisions for safety of workers are retained, and laws related to women and children are retained too (ordinance doesn't specify).
• What all will be suspended: In the sad event of the President assenting to this UP ordinance, then "The Trade Unions Act, 1926" will be suspended, which is a violation of Article 19(1)(c). And the provisions related to cleanliness, ventilation etc. of The Factories Act that are suspended, are more important in a pandemic, not less! Courts have recognised the Right to Health as part of Right to Life.
• 2019 Industrial Relations Code: This came to the Parliament in Nov. 2019, and Standing Committee Report came in April 2020. It will replace many acts with one code - the Industrial Disputes Act, 1947; the Trade Unions Act, 1926; The Industrial Employment Act, etc. The IRC will modify many things, but won't simply eliminate rights!
• DPSP mandate egalitarianism: The Directive Principles want the State to ensure that concentration of wealth does not happen (Art.39), to have the right to work (Art.41), to secure a living wage (Art.43) etc. The pandemic cannot be used as cover to do away with labour rights.
• Summary : The pandemic is being used as a cover to do away with labour rights.

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