WELFARE/RIGHTS ISSUE

Topic: General Studies 2:

Dr. B. R. Ambedkar insights on Labour Rights

Context:

Some state governments have recently decided to relax the application of labour laws in order to restart economic activity stalled by the coronavirus pandemic.

However, such a move, even if it delivers results in the short-term, is myopic and grossly unconstitutional in nature.

Note: Below editorial covers the following important dimensions –

  1. How Labour Laws emerged in India?
  2. Concerns with current labour laws in India
  3. Dr. B. R. Ambedkar insights on Labour Rights

Labour laws in India

All the above principles and laws eventually found their way into the Indian Constitution in the form of “Directive Principles of State Policy” and “fundamental rights.” (Example, Article 23 – guarantees right against forced labour.)

Concerns/Problems:

India’s labour law structure has been criticised on multiple counts.

  1. It is argued that there is a structural inequality that enables the capitalists to “make the rules” for the labour. (which amounts to a form of “private government”)
  2. Of late, with the rise of the platform or gig economy, this inequality of power has only grown starker.
  3. It is argued that it sets up a labour bureaucracy that is prone to corruption.
  4. Adjudicatory mechanisms are inefficient.
  5. Majority of the workforce, engaged in contract labour or informal employment, has very few rights.
  6. Labour laws doesn’t represent the interests of the employees. 
  7. Many prominent labour unions prefer to arrive at an accommodation with the management, rather than represent the interests of their constituents.

All these problems calls for a debate on the future of labour rights, especially in a world where the nature of work is changing rapidly. 

This debate can be guided by B.R. Ambedkar’s insights that remain relevant even today, the Constitutional guarantee against forced labour.

Dr. B.R. Ambedkar ideas on Labour Rights

Conclusion:

However, the recent decisions by several state governments are grossly unconstitutional as the economic power exercised by capital will be left unchecked. 

An increase in working hours and a removal of minimum wages are two proposals strongly under discussion.

This would be nothing other than the freedom to “increase hours of work and reduce rates of wages”. 

According to Ambedkar’s words, the Constitution provides for equal freedom and that must be the yardstick from which the proposed legal changes in the shadow of COVID-19 should be measured.

Connecting the dots:

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