ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Crossroads and Boundaries

Labour Migration, Trafficking and Gender

The absence of a gender perspective in the labour laws and the absence of any labour rights perspective in the anti-trafficking frameworks are the twin flaws that are particularly detrimental to the interests of migrant women workers in India. A corrective course that is cognisant of both the gender structures in labour relations and the gendered employment crisis is the need of the hour, if the state’s obligations under the Constitution are to be fulfilled.

The authors acknowledge the support of the International Labour Organization’s Work in Freedom programme for much of the research that has gone into this paper.

Volatility in livelihoods and growing unemployment are compelling more number of women to find work by migrating. The absence of engagement with the social realities that shape womens labour relations characterising the labour laws, and an overly sexually charged cloud over anti-trafficking interventions and discourses, both are adversely affecting the migrant women workers situation. Fundamental changes in labour laws and their replacement by four labour codes have coincided with a thrust to widen the definition of trafficking to include forced labour. Yet, the connections between the two tracks have received little attention in public debates. However, it is high time for a corrective course that is not only informed by socio-historical processes, but also takes cognisance of both the gender structures in labour relations and the gendered employment crisis, if the states obligations under the Constitution are to be fulfilled.

Constitutional Rights and Labour Laws in India

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Published On : 15th Feb, 2024

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