Right to Work in India: An Analysis

Dr. Satyam Singh
Assistant Professor
Faculty of Law
Kalinga University
The “Right to Work” is a key socio-economic principle embedded in international frameworks and policies worldwide. In India, while this right is not explicitly a constitutionally fundamental right, the Constitution provides structures that support its protection and promotion. This article explores the concept of the “Right to Work” in India, examining the relevant policies, legislative measures, and the challenges in fully realizing this right.
Understanding the Right to Work
The Right to Work emphasizes that individuals should have access to employment opportunities with fair treatment, job safety, and freedom from exploitation or forced labor. Article 23 of the Universal Declaration of Human Rights (UDHR) recognizes this right, stating that “Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.”
In India, the Right to Work generally implies the government’s commitment to creating employment opportunities and ensuring that marginalized communities can access decent work to uplift their socio-economic status.
Right to Work in the Indian Constitution
The “Right to Work” is not explicitly listed as a fundamental right in the Indian Constitution. Rather, it is included within the “Directive Principles of State Policy” under Article 41. This article encourages the State to “make effective provision for securing the right to work, to education, and to public assistance” for individuals facing unemployment, old age, illness, and disability. DPSPs, although not enforceable by law, set a guide for state policy in improving citizens’ welfare.
However, the judiciary has expanded on the Right to Work by interpreting it within the scope of the right to life under Article 21 of the Constitution. This interpretation views the right to livelihood as essential to the right to life, particularly where employment directly affects a person’s ability to secure the essentials of life and maintain dignity.
Legal Framework for Employment in India
“Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005”
MGNREGA is one of India’s landmark laws that guarantees a Right to Work, specifically for rural citizens. This Act assures at least 100 days of paid work annually for rural households willing to perform unskilled labor, aiming to foster inclusive development and address rural poverty. Additionally, it mandates that at least one-third of participants be women, supporting gender equity in rural employment.
National Employment Policy and Skill Development Programs
Various government initiatives promote employment and enhance workers’ skills to meet market demands. The Skill India Mission, for instance, seeks to upskill millions of youth for better employment opportunities within India and abroad. Programs such as “Pradhan Mantri Kaushal Vikas Yojana (PMKVY)” focus on training in specific skills to address gaps between workforce capabilities and industry needs.
Urban Employment Initiatives
While MGNREGA focuses on rural employment, there is no corresponding law for urban areas. However, schemes like the “Deen Dayal Antyodaya Yojana-National Urban Livelihoods Mission (DAY-NULM)” aim to alleviate urban poverty by offering skill training, supporting self-employment, and strengthening community resilience among the urban poor. Since the COVID-19 pandemic revealed vulnerabilities in urban employment, particularly for migrants, discussions have emerged about establishing an Urban Employment Guarantee Scheme.
Judiciary and the Right to Livelihood
Indian judiciary has significantly contributed to the interpretation of the Right to Work, viewing it as an essential aspect of the right to a livelihood under Article 21. In the “Olga Tellis v. Bombay Municipal Corporation” case (1985), the Supreme Court ruled that the ability to earn a livelihood is fundamental to the “right to life,” asserting that without it, life loses its inherent dignity and purpose. Similarly, in “Maneka Gandhi v. Union of India” (1978), the Court expanded the scope of Article 21 to include socio-economic rights, such as livelihood, as key components of the right to life.
Challenges in Realizing the Right to Work in India
Despite various policies promoting employment, India faces several challenges that hinder the effective realization of the Right to Work:
High Unemployment Rates
Unemployment, especially among youth, is a major issue in India. While the economy has grown, it has not generated enough jobs to absorb the growing workforce. This issue was further exacerbated by the COVID-19 pandemic, which resulted in widespread job losses and exposed the vulnerabilities of informal sector workers.
Dominance of the Informal Sector and Underemployment
A large proportion of Indian workers are employed in the informal sector, which offers limited job security, and social security, and often does not adhere to minimum wage standards. Such conditions undermine the Right to Work, as informal jobs typically lack fair treatment and adequate protection.
Regional Imbalances
Employment opportunities in India are unevenly spread, with high migration from rural to urban areas where industries and better-paying jobs are concentrated. This movement creates economic imbalances and challenges in employment distribution across states.
Skills Mismatch
Many job seekers lack the skills required by the market, posing an employability challenge. Despite numerous skill development programs, there is a considerable gap between available skills and those demanded by employers.
Implementation Issues
Government programs like MGNREGA often face inefficiencies, including delays in wage payments, lack of resources, and administrative bottlenecks. Corruption and transparency issues also limit the success of these initiatives, hindering the ability to guarantee meaningful employment to beneficiaries.
The Way Forward
Enhanced Skill Development Initiatives
Strengthening skill-building efforts with a focus on practical, industry-specific skills is crucial. Initiatives such as vocational training, internships, and industry-academia collaborations could help bridge the gap between education and employment. Improving the quality of education and making it relevant to industry needs would help address the skills mismatch.
Expansion of Employment Guarantee Schemes
Extending employment guarantee programs to urban areas could mitigate unemployment and support urban poor and migrant workers. A program similar to MGNREGA in urban centers would create job opportunities and reduce the pressure of job shortages in cities.
Support for Small and Medium Enterprises (SMEs)
SMEs are vital for job creation, and supporting these enterprises through improved credit access, technological support, and market opportunities could help drive job growth. A robust SME sector would create local jobs and foster a more inclusive economy.
Labor Law Reforms and Social Security
Streamlining labor laws and providing social security access to all workers, including those in the informal sector, would enhance job security and appeal. The Code on Social Security, 2020, which seeks to expand social security benefits to informal workers, marks a positive advancement toward this goal.
Conclusion
The Right to Work is a crucial element of socio-economic rights in India, rooted in constitutional values and supported by multiple policy measures. Although initiatives like MGNREGA have established a foundation for employment in rural areas, a broader strategy is essential to tackle issues such as urban joblessness, skill gaps, and informal labor markets. Achieving the Right to Work necessitates collaborative efforts from government, private entities, and civil society to foster conditions where all individuals can access dignified and secure employment opportunities.
References
1. Universal Declaration of Human Rights, Article 23. (1948).
2. Constitution of India, Articles 21 and 41.
3. Olga Tellis v. Bombay Municipal Corporation, 1985, Supreme Court of India.
4. Maneka Gandhi v. Union of India, 1978, Supreme Court of India.
5. Ministry of Rural Development, Government of India. “MGNREGA Scheme Overview.”
6. Ministry of Skill Development and Entrepreneurship, Government of India. “Skill India Mission and PMKVY.”
7. International Labour Organization. “Right to Work and Human Rights.”