Globalization was one of the forces that took the world by storm in the twentieth century. It redefined goals, radically changed lifestyles and redrew the lines between need and luxury. What is more often than not ignored is the commodification of workers because of globalization. The ugly parts of this ‘progressive change’ seem to hit the poorest as it changes the core of labour laws. The core of labour laws was dismantled with secrecy and urgency to enjoy the fruits of globalization. It diminished the value of workers and turned them into a hapless lot surviving at the mercy of industrialists and capitalists.
Basic framework
Our country’s Constitution has a framework which shows promise when it comes to the protection and preservation of workers’ lives. Opting a general perspective, there are elaborate mechanisms that exist to ensure a dignified life for a worker. The Constitution's preamble contains the basic tenets that drive this framework’s goal with the words ‘justice, social, economic and political….equality of status and opportunity……’. The obvious provisions highlighted often are Articles 14 (Right to Equality) and Article 19(i)-Right to Freedom of Speech and Expression, Article 19(ii)-Right to assemble peacefully and Article 19(iii) which gives the Right to form associations and unions; all show that the Constitution by enshrining the most valuable worker rights, sets important pillars for their protection. Similarly, Article 38, Article 39 and Article 41 should give a significant amount of confidence to the average worker.
Evolution of specific bodies of laws
Coming to the specifications of labour law in India, the growth of such laws have been a product of various statutes enacted at different points of time. The judiciary too has played a cardinal role on this front. The prevalent labour laws in India are a result of selective emphasis that was provided to different sections of labour laws in the course of the last 70 years. The earliest traces of labour legislation in the nation were instigated like protective measures to the workers to provide them with some relief from the excessive and exploitative conditions they had to work in. These legislations were triggered by outbursts from bodies of workmen in places such as Bombay and Kolkata (earlier which was known as Calcutta) during the second half of the nineteenth century. These outbursts combined with pressure from social activists forced the colonial rulers to pass various acts within the span of 35 years (1980-1915) from pertained to factories. The Britishers still refused to touch the issue of working hours. The advent of the First World War brought significant changes to the dynamics of worker laws in India. This happened in multiple ways because the War not only increased the number of workers but it also changed the composition of the working class. The unskilled labour was replaced by a horde of the skilled working populace. Another big impact that the workers faced was due to the extreme food shortages due to the War. Lack of resources and food shortage which just added the burden of the poor working class. Parallelly, the Bolshevik Revolution was making waves in Russia which was asking for better treatment of the working class. The newly formed International Labour Organization added more pressure on the Britishers to form protective laws in India. One of the first REAL steps that the British government took towards this was with the ‘Fourth Factories Act, 1922’ which finally addressed the issue of inhuman working hours and physical well being of workers. However, the more important piece of legislation which set a milestone of sorts, was the ‘Workman’s Compensation Act, 1923’ which took an extra step ahead of issues related to wages and addressed problems that workmen had to face in accidental injuries.
