Migrant Women Workers: Legal Analysis

Sana Parveen, Jamia Millia Islamia

Mohd Nadeem, Jamia Millia Islamia

I. Introduction

Due to the numerous forms of discrimination and exploitation they experience, migrant women workers rank among the most vulnerable categories of workers in the world. There are 164 million migrant workers worldwide, according to “the International Labour Organization (ILO),” and about half of them are women.1 There are an expected 120 million migrant labourers in India, with women making up a sizable share of this population.2 Despite the contribution of migrant women workers to the Indian economy, they continue to face numerous legal and social barriers to realizing their rights.

The legal status of migrant women workers varies widely across countries, with some offering strong legal protections and others providing inadequate or no legal protections at all. Even in countries with strong legal protections, the implementation and enforcement of these laws may be weak, leaving migrant women workers vulnerable to exploitation and abuse.

With a focus on the difficulties they encounter and the regulatory structures that protect their rights, this article tries to provide a legal study of the standing of migrant women workers in India. This research will specifically look at the issue of migrant women workers in India, a nation that hosts many migrant workers, including women.

In India, migrant women labourers' legal status is convoluted and frequently insufficient. All citizens in India are guaranteed equal rights under the Indian Constitution, irrespective of their sexual orientation or country of birth. However, all constitutional guarantees do not extend to non-citizens, including migrant women workers. Moreover, the legal frameworks that protect the rights of migrant women workers in India are fragmented and insufficient, with significant gaps in enforcement and implementation.