An Outlook on the Constitutionality of State Amendments on Labour Laws during Pandemic

10 Pages Posted: 14 Apr 2021

See all articles by Gourish Goyal

Gourish Goyal

ICFAI Foundation for Higher Education, ICFAI Law School

Srinidhi Boora

ICFAI Foundation for Higher Education, ICFAI Law School

Date Written: January 8, 2021

Abstract

Ubi Jus Ibi Remedium- Where a right is vested, there is a remedy. A right from the beginning of work is a right till the end of work until suspended. Constitutional rights of the labourers can be described under Articles 14-16, 19 (1)(c), 21, 23, 38, 39 and 41-43, 51 and these rights directly concern the labourers. When COVID-19 Pandemic has hit the public health and economic crisis severely, Labourers are most affected due to this pandemic.

The Nationwide Lockdown has hit the Companies, factories and Businesses directly and led to huge losses and affected labourers all over the country as they work on a daily basis. Labourers across the country have been battling with the social, political and economic challenges. Both the Central and State Governments were negligent in handling the labourers during the pandemic. Migrant crises have arisen and change of labour laws by states violates the constitutional rights of labourers.

This Article will further define in detail about Violation of Constitutional Rights - Media and Reports - History Involved - Dilution of the Labour Laws by the State Government's - Protection of Labours Rights - Issues Involved and the steps taken by the Supreme Court of India.

Keywords: Labours Rights, Constitutional Rights, COVID Pandemic, Dilution, Labour Laws

Suggested Citation

Goyal, Gourish and Boora, Srinidhi, An Outlook on the Constitutionality of State Amendments on Labour Laws during Pandemic (January 8, 2021). Available at SSRN: https://ssrn.com/abstract=3824582 or http://dx.doi.org/10.2139/ssrn.3824582

Gourish Goyal (Contact Author)

ICFAI Foundation for Higher Education, ICFAI Law School ( email )

India

Srinidhi Boora

ICFAI Foundation for Higher Education, ICFAI Law School ( email )

India

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