Critically Analysing The Existing Legal Framework For Providing Access To Health Care Facilities To Migrant Women In India
Tellmy Jolly, National University of Advanced Legal Studies (NUALS), Kochi
ABSTRACT
Migration affects men and women differently. There is an existing hostility and disdain against migrant workers across the country. The impact of such prejudices especially in the midst of a global pandemics and its effects on migrant women in accessing health care services is the subject of my study. Women often migrate along with their husbands for search of better employment opportunities, they also tend to migrate due to extreme poverty and failed marriages and are employed as construction workers, domestic house helps etc. The paper is divided into three main parts. First part aims to analyze the overall availability and accessibility of healthcare services to migrant women. This includes access to health care facilities in case of illnesses, accidents or emergencies, pregnancy care, maternity leave, reproductive health, psychological and mental support to migrant women. Apart from these, poor sanitation hygiene of migrant women is a serious health care concern which needs to be addressed. To understand it deeply, the existing regulatory framework is studied. Migrant women come under the unorganized sector of employees due to which they do not often get the benefits of national labor laws that are available to women working in the other sectors. The second part deals with the impact of Covid-19 on migrant women. For deeper understanding, access to testing for Covid- 19, vaccination, facilities for social distancing, transportation and quarantine facilities of migrant women can be examined. In the last part of the paper, the shortfalls in the legislative policy for the protection of migrant women under the existing regulatory framework in India is critically examined from a gender perspective and recommendations are provided.
Keywords: Migration, Healthcare, Gender, Labor laws, Covid-19
