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Migrant workers and ‘Coronization’
“The most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. Access to justice is therefore critical.”
Rt. Hon. Beverley McLachlin, P.C., Chief Justice of Canada.
The migrant workers are people who shift either within their home country or to the other country to pursue work.Migrant workers are usually temporarily shifted from one region to another purely to pursue their profession.
Migration within India
The constitution of India guarantees the right to livelihood and right to move and reside under article as the fundamental right and thus secure the migration, profession, trade and residence of citizens within India.
International rights of migrants
The International Migration Law Unit was established within IOM to strengthen and promote the Organization’s involvement in International Migration Law (IML).The Unit thereby promotes migration governance within the rule of law.
Various international instruments accept the rights of migrants and work towards securing them profoundly. This can be elicited from all relevant universal, international and regional human rights instruments:
Article 8 of the 1948 Universal Declaration,
Articles 13 and 6(1) of the European Convention on Human Rights (ECHR)10 and Article 25 of the American Convention as well as
Article 7.1 of the African Charter on Human and Peoples’ Rights,
Article 47 of the Charter of Fundamental Rights of the European Union and
Article 9 of the Arab Charter on Human Rights all make direct commitments to the protection of this right.
Similarly, Article 2 of the International Covenant on Civil and Political Rights (ICCPR) refers to the right to an effective remedy for all the rights in the Covenant and for all individuals including “migrant workers […] and other persons who may find themselves in the territory or subject to the jurisdiction of the State Party
Further, Article 14.1 of the ICCPR provides that “all persons shall be equal before the courts and tribunals.”
Impact of corona on Migrants
The spread of the virus in some countries in Western Africa is being referred to as the ‘Coronization of population’ – that is, a new form of colonization through the coronavirus. It is true that the most affected people due to pandemic across the world are the migrant people.
Migrants with minimal socioeconomic status are the most vulnerable ones due to their inability to
a. take all precautionary measures against the virus and
b. receive medical care if infected.
Governments across the world along with various international organisations are working collaboratively in order to protect the interests of underprivileged especially migrants. At the same time people across the globe are coming forward to help voluntarily in their own capacity.
The situation demands the active participation of each and every individual in their own capacity.
Family Law
It may be pertinent to point out that the Indian Succession Act, 1925, is an Act to consolidate the law applicable to intestate and testamentary succession in India unless parties opt out and choose to be governed by their respective codified law otherwise applicable to them. In respect of issues relating to guardianship, the Guardian and Wards Act, 1890 would apply to non- Hindus. Interestingly, Section 125 of the Code of Criminal Procedure 1973, provides that
irrespective of religion, any person belonging to any religion can approach a Magistrate to request maintenance. Therefore, apart from personal family law legislations, both Hindus and non-Hindus have an independent right of maintenance under the general law of the land, if he or she is otherwise entitled to maintenance under this Code.
The Indian Parliament also enacted the Special Marriage Act, 1954, as an Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorces under this Act. This enactment of solemnizing marriage by registration is resorted to by Hindus, non-Hindus and foreigners marrying in India who opt out of the ceremonial marriage under their respective personal laws. Registration is compulsory under this enactment. Divorce can also be obtained by non-Hindus under this Act. This legislation governs people of all religions and communities in India, irrespective of their personal faith. Likewise, under the Foreign Marriage Act, 1969, a person has only to be a citizen of India to have a marriage solemnized under this Act outside the territorial limits of India.
The Parsi Marriage and Divorce Act, 1936 as amended in 1988, is an Act to amend the law relating to marriage and divorce among the Parsis in India.
The Christian Marriage Act, 1872, was enacted as an Act to consolidate
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