Social Security Of Migrant Workers In India During The Covid-19 Pandemic
- IJLLR Journal
- Jan 4
- 2 min read
Dr. P. Angayarkanni M.A.M.L.,Ph.D.,PG.DFL, Dean, School of Law Perambalur Trichy
ABSTRACT
The COVID-19 pandemic and the nationwide lockdown imposed in March 2020 precipitated an unprecedented humanitarian and labour crisis in India, bringing to the forefront the acute vulnerability of migrant workers within the country’s socio-economic and legal framework. Migrant workers, predominantly employed in the informal sector and lacking stable contractual protections, were disproportionately affected by the sudden cessation of economic activity, restrictions on mobility, and breakdown of supply chains. This paper undertakes a critical legal and judicial analysis of the social security framework governing migrant workers in India during the COVID-19 pandemic, with the objective of examining the adequacy of existing laws, policies, and judicial interventions in safeguarding their fundamental rights. The study analyses the constitutional foundations of social security in India, particularly the right to life and dignity under Article 21, “read alongside the Directive Principles of State Policy that envision a welfare-oriented state.” It critically examines statutory mechanisms such as the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, the Unorganised Workers’ Social Security Act, 2008, and the subsequent consolidation under the Code on Social Security, 2020. The paper highlights how weak implementation, limited coverage, lack of portability of benefits, and dependence on documentation resulted in the exclusion of large numbers of migrant workers from relief measures during the pandemic. These legal and administrative failures led to widespread deprivation of food, shelter, healthcare, and livelihood security, undermining the constitutional promise of social justice. While courts played an important role in directing the provision of food, transportation, and temporary shelter, the paper argues that judicial responses were largely reactive and relief-oriented, falling short of enforcing long-term social security entitlements or systemic reforms. By critically analysing legal failures and judicial responses, the study contributes to broader debates on welfare governance, labour rights, and constitutional accountability in India.
Keywords: Social Security, Migrant Workmen, Principles of State Policy, Socio-economic, Judicial interventions.
