#PVCHR humanitarian approach to fight back COVID -19: Impact of regulations and restrictions issued to contain the COVID-19 pandemic on migrant workers.

To,

The Home Secretary

Ministry of Home Affairs

North Block

New Delhi - 110001

India

Mr. Home Secretary,

Subject: Impact of regulations and restrictions issued to contain the COVID-19 pandemic on migrant workers.

1. The undersigned are organizations having a keen interest in the welfare of migrant workers in India. PVCHR is membership based human rights movement working for realization of preamble of Indian Constitution on grassroots level and its work has been recognized with awards like Gwangju Human Rights Award (2007), the ACHA Star Peace award (2008, the International Human Rights Prize of the city of Weimar (2010),Special Mentions Prize of Human Rights of The French Republic (2018),Public Peace Prize(2018) and Karmaveer Maharatna Award (2019). VOP is one of largest network of UP on child right supported by one of most credible donor CRY.

2. With the outbreak of COVID-19, the entire country has been put under movement restrictions to facilitate self-isolation/social distancing in order to mitigate the spread of the pandemic. This is a necessary inconvenience that needs to be borne by this country in order to combat this new threat to our national health. However, it would not be out of place to point out that there are certain sections of our community who are particularly vulnerable to the consequences of these movement restrictions. A holistic approach to respond to the present pandemic would require that special provisions are made for these sections of our community in order to ensure that the nation is able to assist the Government with the response.

3. Migrant workers are workmen who have moved from one state in India to another State in order to take up employment. Their employment and migration are governed under the Interstate Migrant Workmen Act 1979 ("IMWA"). Their employment in another State is not permanent but is specific to the project or undertaking post which they will return to their native State. Many workmen migrate from one State to another leaving behind their families who are supported by payments which are sent by these workmen. Migrant Workers further do not enjoy the security of sustained employment, for their wages are often calculated on a daily/piece rate basis. Presently, many migrant workers are employed in the construction and agricultural sectors. In the event there is an impact on these sectors, there will be a consequent impact on the livelihoods and the family eco-systems of these workers.

4. After the implementation of the Nationwide COVID-19 Lockdown, distressing reports are emerging in the National and International press about large numbers of migrant workers walking back to their hometowns in other states. Due to the absolute closure of India's public transport systems, including the railway and airspace,these workers have resorted to walking back to their hometowns on foot and are collecting at State Border posts attempting to get back to their hometowns. This will no doubt have a serious repercussion on the efficacy of the social distancing measures that are being put in place, for these measures are aimed to prevent just this sort of inter-state movement.

5. The workers though are migrating out of economic necessity and hardship. Due to the lockdown restrictions, their industries have come to a grinding halt and when there is no work, unfortunately for a daily wager, there is often no pay. Without economic support, these migrants will no longer have a place to stay or enough means to provide for themselves and their families if they stay where they are. These economic circumstances are forcing them to undertake this journey to their hometowns.

6. The 2011 Census estimated that there are approximately 139 Million internal migrants in India[1] which would mean they constitute approximately 10% of India's 1.3 Billion population. A movement of this 10% number across the country, at a time, where isolation is demanded of every resident, would not just be highly counter productive but could jeopardise the entire set of isolation measures that are presently in place. Further, since the migrant workers are returning to their hometowns. There is a risk they will carry COVID-19 from India's urban areas to India's rural areas, where there may not be enough health infrastructure in place to handle a crisis of the magnitude of COVID-19.

7. Consequently, we state that any response either under the Disaster Management Act, 2005 or the Epidemic Diseases Act, 1897 must make special provisions for migrant workers, while factoring in a pessimistic view of the period for which this lockdown will be in place.

8. We accordingly request that your office urgently intervene to take the following steps in order to protect not just the Migrant Workers but also ensure the integrity of the nationwide measures are maintained:

a) Direct the State Governments to begin an urgent ad-hoc enrolment of all residents in a state, who are otherwise not eligible, into that State's Public Distribution System.

b) Direct that Migrant Workersbe treated on par with other state residents for the purpose of any benefit or scheme rolled out by the State Governmentsduring the period of the lockdown in exercise of any of the powers under the Disaster Management Act, 2005 or the Epidemic Diseases Act, 1897.

c) Make available sufficient funds by way of grants or loans to the State Governments to ensure that Migrant Workers should further be provided with a subsistence allowance of at least half of the monthly prevailing minimum wage for manual work in the Construction/Agriculture industries for the period of the lockdown. This may be done via direct cash transfer to the bank accounts of these workers or by pre-paid payment instruments.

d) District Administrations should be empowered to grant to migrant workers an inter-state movement pass, where the worker is able to satisfy the District Administration that there is an urgent need for the worker to travel. The worker may then be tested for COVID-19 and upon there being a negative result, the District Administration in coordination with the State Government and the Ministry of Railways/Ministry of Road Transport, may proceed to make arrangements for special railway/bus services to take these workers home at designated intervals. The workers upon reaching their hometowns should be subject to self-isolation/quarantine and monitored by the Gram Panchayat/District Administration in order to ensure COVID-19 doesn't spread to rural India.

9. We make this urgent request on behalf of the 10% of India, who are internal migrants and are particularly vulnerable in this time. Our PVCHR and VOP remains available at your convenience to assist further with the implementation of the measures described above.

10. We can come together as a nation-state and fight COVID-19 in a just, fair and equitable manner.

Sincerely

With Kindest regards,

Lenin Raghuvanshi

Founder and Executive Director, PVCHR (www.pvchr.asia)

https://en.wikipedia.org/wiki/Lenin_Raghuvanshi

Shruti Nagvanshi

Convenor, Voice of People (VOP)

www.shrutinagvanshi.com

[1]https://www.weforum.org/agenda/2017/10/india-has-139-million-internal-migrants-we-must-not-forget-them/