Anuj Prakash, BA LLB (Hons), UPES (University of Petroleum and Energy Studies)
ABSTRACT
The impact of India's participation in the International Labour Organisation (ILO) and its conventions on different dimensions shape Indian legislation in labour laws of this critical analysis. India has exhibited a strong commitment to international labour standards by ratifying multiple treaties and remaining an active member of the ILO since 1919. The tripartite organization of the ILO, which consists of governments, employers, and workers, supports a democratic strategy for defending the rights of workers around the world.
The paper examines India's cautious approach to ratifying ILO resolutions, emphasizing alignment with existing laws and practices. India's positive stance is reflected in the ratification of 39 ILO conventions, influencing labour legislation significantly. The analysis delves into the historical context of India's involvement in the ILO, highlighting its transition from prioritizing British interests to independent representation.
A detailed examination of ILO conventions concerning employment, particularly for women and children, reveals India's commitment to addressing vulnerability and discrimination. The analysis explores the influence of ILO conventions on Indian labour laws, citing specific examples such as amendments to the Factories Act and legislation on child labour and discrimination against women.
The paper also discusses the Discrimination (Employment and Occupation) Convention of 1958, ratified by India in 1960. While immediate changes were not evident, the ratification marked progress toward equality in employment. The analysis acknowledges challenges in proving discrimination but emphasizes legal recourse available through the Industrial Disputes Act.
In addressing child labour, the paper examines India's constitutional provisions and the Child Labour (Prohibition and Regulation) Act of 1986. The Act aims to prohibit the employment of children below 14 years and regulate working conditions. Legal cases such as M.C. Mehta v. State of Tamil Nadu underscore the state's responsibility in ensuring alternatives for parents and regulate child labour. The analysis concludes by recognizing the evolving role of India in ILO conferences and its ongoing efforts to align domestic laws with international labour standards, contributing to the welfare and advancement of the labour force.
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