[India] Recognising labourers as human beings

The COVID-19 pandemic has provoked one of the largest exoduses of people since partition, in India. The country’s highly dense population, lack of medical facilities, lack of preparedness and administrative capacity, led to it being one of the hardest hit by coronavirus. India’s Government, like others, declared lockdowns to prevent loss of life and contain the spread of the virus. However, the combined effect of the COVID-19 and lockdowns claimed millions of lives and impacted the economy, Jurist reports.

In an attempt to get the economy up and running, the state of Gujarat exercised power under Section 5 of the Factories Act, 1948 to exempt factories in the state from various provisions under the Act regarding wages, working hours, overtime payment, breaks, etc., A petition challenging the notification of the state government was heard by the Supreme Court and on October 1, 2020, the Supreme Court quashed the notification of the state. (Links via original reporting)

The Supreme Court in the decision held that the power under Section 5 of the Factories Act, 1948 can be exercised only in cases of internal emergency which threatens the security of India. And the Court rejected the argument of the state that the ongoing pandemic fell in that category. The Court in its decision reminded the state that the exploitation of workers, especially at a time when their survival and security is at threat due to lockdowns, is unconscionable. Jurist has Nikhil Erinjingat’s full discussion of the Indian Supreme Court’s decision.

The COVID-19 pandemic has provoked one of the largest exoduses of people since partition, in India. The country’s highly dense population, lack of medical facilities, lack of preparedness and administrative capacity, led to it being one of the hardest hit by coronavirus. India’s Government, like others, declared lockdowns to prevent loss of life and contain the spread of the virus. However, the combined effect of the COVID-19 and lockdowns claimed millions of lives and impacted the economy, Jurist reports.

In an attempt to get the economy up and running, the state of Gujarat exercised power under Section 5 of the Factories Act, 1948 to exempt factories in the state from various provisions under the Act regarding wages, working hours, overtime payment, breaks, etc., A petition challenging the notification of the state government was heard by the Supreme Court and on October 1, 2020, the Supreme Court quashed the notification of the state. (Links via original reporting)

The Supreme Court in the decision held that the power under Section 5 of the Factories Act, 1948 can be exercised only in cases of internal emergency which threatens the security of India. And the Court rejected the argument of the state that the ongoing pandemic fell in that category. The Court in its decision reminded the state that the exploitation of workers, especially at a time when their survival and security is at threat due to lockdowns, is unconscionable. Jurist has Nikhil Erinjingat’s full discussion of the Indian Supreme Court’s decision.