Migrant Workers Registration: Kerala HC Seeks Centre and State Responses

The Kerala High Court recently sought responses from both the Central and State governments in connection with a public interest litigation (PIL) petition demanding mandatory registration of migrant workers within the state.

The Kerala Legal Services Authority (KELSA) filed the plea, asserting that enforced registration is imperative to oversee and provide benefits through various governmental and affiliated welfare programs.

A division bench comprising Chief Justice AJ Desai and VG Arun, directed the Central and State governments to submit their replies when the PIL was deliberated on August 23. The case is scheduled for the next hearing on September 11.

The petition highlighted that the registration of migrant workers could establish a mechanism to avert incidents such as a recent rape and murder case involving a 5-year-old daughter of a migrant laborer family, committed by another migrant worker. It was additionally argued that a 2020 High Court judgment in a suo motu case emphasized the State’s obligation, along with its officials, to gather details of migrant laborers.

The plea underscored that despite the 2020 ruling, the pertinent authorities have not fulfilled their responsibilities, which is deemed unlawful, arbitrary, discriminatory, and unreasonable.

Consequently, the petitioner urged for the registration of migrant workers and urged the issuance of official identity cards containing biometric data and permanent addresses for all registered migrant workers/laborers. The petitioner also called for a prohibition on the employment of migrant laborers without compulsory registration.

On September 12, the same division bench will examine another similar petition. This PIL seeks the implementation of labor laws and welfare measures for migrant workers, considering the alleged failure of the State government in enforcing the registration of migrant workers in compliance with the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The State’s response is anticipated for this petition as well.