From Survival To Silence: Mapping Criminal Accountability In Labour Exploitation Under India’s New Labour Codes
- IJLLR Journal
- 1 day ago
- 2 min read
Atharv, CHRIST (Deemed to be) University, Delhi NCR
ORCID ID: https://orcid.org/0009-0003-9022-4955
ABSTRACT
India’s recent consolidation of labour legislation into four codes covering wages, industrial relations, social security, and occupational safety aim to simplify compliance while extending formal recognition to categories such as gig and migrant workers. Yet, questions persist regarding how effectively this framework responds to concrete instances of labour exploitation. This chapter examines a specific and underexplored dimension of the reform: the limited role of criminal law in addressing violations that directly affect vulnerable workers, including non-payment of wages, unsafe working conditions, and work-related injuries or deaths.
Focusing on the interaction between the Labour Codes and the Bharatiya Nyaya Sanhita, 2023, the chapter argues that many labour violations continue to be treated primarily as regulatory or administrative matters, even where the underlying harm is serious. Through a doctrinal and analytical approach, supported by illustrative scenarios drawn from sectors such as construction and platform-based work, the analysis highlights the gap between statutory protection and actual enforcement outcomes. Attention is paid to the shift toward monetary penalties, compounding of offences, and the inspector-cum-facilitator model, and how these developments influence the likelihood of criminal prosecution.
Rather than assuming systemic failure, the chapter carefully evaluates the structural, legal, and institutional factors that shape enforcement practices. It ultimately suggests that the effectiveness of labour reform depends not only on expanding coverage, but also on clarifying when and how criminal law should intervene. By foregrounding the experiences of vulnerable workers within a precise legal framework, the chapter seeks to contribute to ongoing debates on accountability, deterrence, and the future direction of labour governance in India.
Keywords: Labour Codes, Criminal Liability in Labour Law, Labour Law Enforcement, Labour Exploitation, Gig and Informal Workers.
