URBAN SHIFT & PANDEMIC

By Shubham Diwate

(Migration Laws in India: Need & Seriousness)

Migration has become essential for people from regions that face frequent shortages of rainfall or suffer floods, or where population densities are high i9n relation to land. Areas facing unresolved social or political conflicts also become prone to high out migration. Poverty, lack of local options and the availability of work elsewhere become the trigger and the pull for rural migration respectively.

A person would be considered a migrant by place of last residence, if she/he had last resided at a place other than her/his place of enumeration.

Reasons for migration:

  • Work/Employment
  • Business
  • Education
  • Marriage
  • Moved after birth
  • Moved with household
  • Job Search Education Search
  • Recruitment
  • Passport & Visa
  • Travel and Foreign Exchange
  • Others

Migrant’s entry into the labour markets is marked with several endemic disadvantages. Devoid of critical skills, information and bargaining power, migrant workers often get caught in exploitative labour arrangements that force them to work in low-end, low-values, hazardous work. Lack of identity and legal protection accentuates this problem.

Urban labour markets treat them with opportunistic indifference extracting hard labour but denying basic entitlements such as decent shelter, fair priced food, subsidized healthcare facilities or training and education.Migrants can also become easy victims of identity politics and parochialism.

International Migration Law

Putting the international refugee regime aside, there is little international cooperation on migration at the global level and no truly international migration regime exists to date. There are the longstanding but under-subscribed conventions of the International Labour Organization (ILO), limited cooperation in practice on high-skilled migration under the General Agreement on Trade in Services (GATS) and increasing cooperation on illegal migration, human smuggling and trafficking within the context of the United Nations Convention on Transnational Organized Crime. A global migration regime may make sense for reasons such as increasing economic efficiency worldwide, ensuring poor migrant source countries’ access to the wealthier migrant destination markets, and for the sake of international development and reducing global inequalities.

There is legislation known as Inter-State Migrant Workers Act, 1979 which aim to safeguard migrants. However, it is obsolete and is hardly enforced anywhere. A serious constraint in framing an effective policy is the lack of credible data on incidence of seasonal migration. Census and NSS that have a significant impact on policy making are unable to capture seasonal and circular migration. Migration may also be missed out in BPL surveys.

Some Reason based Internal Migrants:

  • Economic Migrants
  • Family Migrants
  • Political Migrants
  • Students
  • Illegal Migrants

About 450 million of 1.2 billion Indians migrated within the country, according to recently released Census 2011 data. Of this, 78 million, or 15.6% of all domestic migrants, moved from rural to urban areas and Remember now we are in 2020.

India was the top recipient of remittances worldwide in 2018, data from the World Bank shows. The remittances were boosted in part by migrants from Kerala sending.

Migration & COVID19:

Corona virus is showing its wide territories in respect of sign & symptoms. It also showing asymptomic deaths in India, in such condition migration by train may backfire to local authorities later.

In Today’s Virtual Meet of Prime Minister with all The Chief Ministers of states, Tamilnadu as well as Telangana where graph is heading towards upward has requested to not to start trains and requested for delay this migration within states in order to battle with COVID-19. As it is not practically possible to track each and every person and test. Such migration will only create and boost up panic nationwide and ultimately spread of virus.

Migration is a natural outcome of inequality in the distribution of resources. It is positively related to modernization, industrialization and development. So, migration is essential for development. It is a desirable phenomenon. But what is not desirable is the distressed migration found in most of the developing countries resulting in overcrowding of cities and mushrooming of slums. In India the inter-state migration pattern reflects that there is an inequality in the regional development. Some states which have higher investment and resources 12 for development experience high in migration. Hence, there is a need for balanced regional development.

Amid COVID-19 pandemic there are cases in which some evil mindset was evolving in society. Some intentional activities (actions) done by people so that they can easily spread this infectious disease. Some people spitting at social gathering places, some are moving from one place to another although there is sec.144 imposed.

It is potential truth that it is nothing but Modern Terrorism in this PANDEMIC!

Inter-State Migrant Workers Act, 1979

https://en.wikipedia.org/wiki/Interstate_Migrant_Workmen_Act_1979#Actual_implementation

Immigrants (expulsion from Assam), Act, 1950

http://www.legalserviceindia.com/issues/topic1378-the-immigrants-expulsion-from-assam-act-1950.html

Immigrants (carrier liability), Act, 2000

http://www.legalserviceindia.com/issues/topic1379-the-immigration-carriers-liability-act-2000.html

Census India Official website:

http://censusindia.gov.in/Census_And_You/migrations.aspx

Bureau of Immigration website

Supreme Court Seeks Report From Government On Steps To Prevent Migration Of Workers

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