The author of this blog is Anureet Kaur. She is a second year BA LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab with interest in International Law, and can be reached at anureetkaur23266@rgnul.ac.in
Introduction
“It is vital that we respect, protect and fulfil the rights of all migrant women and girls, at all stages and in all types of migration.”
India is one of the most diverse countries in the world and has seen a wide range of intersecting forms of discrimination affecting women. Across centuries, Indian women have faced various kinds of discrimination on grounds such as caste, class, religion, etc. One such form of discrimination that has affected Indian women is migration. Sexual violence against women has never been new in India. We have seen various cases such as the Nirbhaya case, Kathua Gangrape case, Mathura case and recently Kolkata’s RG Kar case where women have suffered from various kinds of sexual violence in the form of rape, sexual harassment, domestic violence, eve teasing, and other kinds of violations.
Sexual Violence suffered by women has always remained a grim reality in the country, however, its impact on migrant women has often been overlooked. Migrant women in India constitute one of the groups that have been suffering from various forms of sexual violence both in their home and their workplaces. Moreover, there have been very few studies analysing the violence and exploitation suffered by these women. In this blog, the author has tried to analyse the intersectionality at the heart of sexual violence against migrant women in India and the ways by which migrant women are marginalised through multiple and overlapping sources of subjugation and discrimination.
Women and Migration in India
Women migration has never been new to India. In traditional times, women used to migrate to join their partners or family, thus marriage was one of the major reasons for women’s migration in earlier times. However, due to globalisation, westernisation and modernisation, an increasing number of women are now migrating independently for various reasons other than marriage such as job, education, etc.
The National Census of 2011 reported that around 100 million women in India had migrated for reasons other than marriage, such as work, education, economic reasons, etc. However, the major reason for migration among Indian female migrants still remains marriage with about two of every three women migrants having moved due to marriage, as reported by the Census of 2011.
Moreover, there has been no primary study on female migration in India, thus, there is significant lack of data available on the sexual violence and exploitation faced by migrant women. The Census further suggests women migrants constitute ¼ of India’s population. However, the available statistics don’t cover the extent of the above issue and point towards the recognised data-based gap. Furthermore, the available data suggests that due to various factors such as economic, health, physical safety, etc., women migrants are more vulnerable to exploitation than their male counterparts in India.
Sexual-Based Violence Against Migrant Women in India
Sexual-based violence (SBV) against women in India has always been one of the major issues that the Indian society has been suffering. In this larger circle of vulnerability, migrant women form a more marginalised circle facing particular challenges both in their workplaces and at homes due to their gendered roles in society. Moreover, human rights organisations have frequently pointed out that migrant women are at higher risk of experiencing and being victimised by the SBV.
Unfortunately, SBV against migrant women is one of the critical issues that has often been ignored. Moreover, there are very few cases that get reported due to fear of victim shaming, retaliation, lack of support, political and other reasons. Gender is not a singular dimension leading to sexual violence against migrant women. It intersects with various other dimensions such as race, ethnicity, age, religion and others, widening the vulnerability of sexual violence against women migrants in India.
Legal Gaps: In Protection of the Rights of the Migrant Women
Significant gaps exist in the Indian legal framework when it comes to the protection of the rights of migrant women. Indian policies have often appeared haphazard when it comes to the protection and safeguarding of the rights of migrants. Article 19 of the Indian Constitution guarantees every citizen the freedom to move to any corner of the country. The internal migrants in India constitute one of the major sections of India’s working class, despite this, a large section of them is part of the informal sector of the economy and are paid meagrely.
General Comment No. 26 to the landmark Convention on the Elimination of All Forms of Discrimination Against Women, 1979 addresses female migrant workers. However, in India, there is no direct legislation covering the issues of migrant women. The Indian government through various statutory legislations such as the Interstate Migrant Workmen Act, 1979 and MGNREGA, 2005 has tried to provide safeguards to protect the rights of migrant workers, especially women, by regulating various provisions relating to their employment, hiring, paying and working conditions. The ineffective implementation of these Acts has rendered them obsolete to protect the rights of the migrants. Thus, obtaining justice especially in the case of migrant women seems like a distant dream under the Indian legal framework.
The Harsh Realities: Examples of Sexual Violence Against Migrant Women
The issue of sexual violence against migrants has been largely overlooked. There have been various cases in India, reported as well as unreported, where the migrant women have been the target of sexual violence both at their workplace and their homes. One such case is of Gujarat’s fish processing industries, where the female labour force of Kerala suffered from various kinds of exploitation in the hands of their employers.
On July 29, 2023, five-year-old girl child of a migrant girl was abducted and then brutally raped and murdered in the Aluva district of Kerala. Anti-migrant sentiment is rapidly increasing in India, especially in South Indian states such as Kerala and Tamil Nadu, where migrants are seen as a threat to available job opportunities.
The most important issue remains the underreporting of sexual violence cases due to societal pressure. Bihar and Uttar Pradesh contribute the largest chunk to the migrant population of India. The migrants from the above states are often looked at as “outsiders” and a threat to the local jobs. This has even led to a rise in movements against their migration in states such as Maharashtra, Gujarat and Punjab. The exploitation of migrants in India is a major problem, however, the vulnerability of migrant women is much more concerning. Women are seen as a “property” in Indian societal structure and are more likely to be subjected to sexual harassment and violence.
Steps to be Taken: Ensuring Protection and Empowerment
Justice in simpler terms is the use of the Rule of Law to benefit those who have the least access to it. One such group is the migrant women in India. The lack of legal recognition and documentation exposes them to several forms of sexual violence, trafficking and other forms of crime, thus, their legal documentation and recognition is the first step for their empowerment.
Moreover, the author is of the opinion that to empower and help this community, four areas need to be covered:
Awareness: This can be done by finding ways to increase the awareness about their legal rights and the way they can protect them. For example, conducting legal awareness sessions regularly can be a step in the right direction.
Building grassroot structures: Building strong grassroot structures can help them to map the services that they can access, for example, establishment of one stop centres, mahila panchayats, etc. can be beneficial to them to a great extent.
Digital Capacity: Greater knowledge of technology will increase their access to the required services and support.
Access Justice: This is the most important step for the empowerment of this community. Government and judicial bodies should pursue effective reforms to fulfil the collective mission of making justice accessible, meaningful and tangible to these marginalised communities.
The Hon’ble Supreme Court in the landmark case of Alakh Alok Srivastava v. Union of India, 2021 highlighted that the government needs to deal with the migrants in the most humane manner. The former CJI L Nageswara Rao pointed out that:
“Considering the situation, we are of the opinion that the State Governments/Union Territories should endeavour to engage volunteers along with the police to supervise the welfare activities of the migrants. We expect those concerned to appreciate the trepidation of the poor men, women and children and treat them with kindness.”
Moreover, there is an urgent need to integrate legal information about sexual and gender rights into the community. Providing accessible legal, health and other ancillary services can further ensure their protection and empowerment.
Conclusion
Gender inequalities pave the way to heightened risks of sexual violence, disproportionately affecting migrant women and girls. Thus, the multiple forms of sexual oppression that migrant women experience need to be recognised and addressed through an intersectional approach, alongside promoting laws and initiatives that support their rights. There is a need to shape policies and practices at various levels to ensure that the human rights of these migrant women are effectively protected and safeguarded.
References
Premi, M. K. (1980). Aspects of Female Migration in India. Economic and Political Weekly, 15(15), 714–720. http://www.jstor.org/stable/4368564
Census of India 2011, http://censusindia.gov.in/census.website/data/stories/women-and-migration-in-india
Department for International Development. (2015, January 1). Female migrants in India. GOV.UK. https://www.gov.uk/research-for-development-outputs/female-migrants-in-india
Jenna Allard, Maulik Jagnani, Yusuf Neggers, Rohini Pande, Simone Schane & Charity Troyer Moore, Indian female migrants face greater barriers to post−Covid recovery than males: Evidence from a panel study, 53, https://www.thelancet.com/journals/eclinm/article/PIIS2589-5370(22)00361-3/fulltext
Insights from the Intersectional Dialogues on Migration | Women in Migration Network. (n.d.). https://womeninmigration.org/2023/07/report-intersectional-dialogues-on-migration/
Vijayaraghavan, Hamsa (2020). Gaps in India’s Treatment of Refugees and Vulnerable Internal Migrants Are Exposed by the Pandemic, https://www.migrationpolicy.org/article/gaps-india-refugees-vulnerable-internal-migrants-pandemic
Pulikkan, P. (2016). Migration and Integration from the Indian Perspective. In: Stüwe, K., Hermannseder, E. (eds) Migration und Integration als transnationale Herausforderung. Springer VS, Wiesbaden. https://doi.org/10.1007/978-3-658-11645-3_4
Chishti, A. J. (2024, August 12). Migrant labours from up, bihar allegedly asked to leave punjab village by passing panchayat resolution, high court seeks state’s response. https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-migrant-labours-from-up-bihar-asked-to-leave-266488
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