Labour Minister V Sivankutty said that the state government is working on legislation to address the issues faced by gig workers.
Kerala Legislative Assembly, Thiruvananthapuram. (Creative Commons)
Kerala Labour Minister V Sivankutty on Friday, 21 June, said in the state Assembly that the government is working on legislation to address the issues faced by gig workers.
However, the minister stated that the legislation to control black magic and other evil practices was still a work in progress.
The Bill, introduced in 2019, came back into the spotlight in 2022 following the human sacrifice incident in the Pathanamthitta district that year.
The status of the Bills was revealed after the introduction of a couple of private members’ Bills in the Assembly on Friday.
The private members’ Bills — the Kerala Gig, Platform Workers’ Welfare Fund Bill, 2024, and the Kerala Eradication of Superstition- Evil Practices Bill, 2021 — were brought forward by Dr N Jayaraj and KD Prasenan respectively.
The Bills were eventually withdrawn following the government’s assurance to address these issues through upcoming legislation.
The primary outcome of Prasenan’s reintroduction of the Kerala Eradication of Superstition – Evil Practices Bill, 2021 was the revelation that the state government has yet to finalise the “Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill 2019.
Sivankutty, responding in the absence of Chief Minister Pinarayi Vijayan, acknowledged that the government is still scrutinising the Bill.
He emphasised the importance of considering the diverse cultural and social rituals prevalent in Kerala, stating, “It is essential to consider the opinion of all sections of people. A practical and comprehensive law be introduced only after this.”
This means the legislation against black magic and sorcery will have to wait indefinitely.
It was in 2019 that the Law Department sought inputs from the Kerala Law Reforms Commission (KLRC) on a proposal from the Ministry of Home Affairs regarding legislation to tackle black magic and related evil practices.
The KLRC subsequently prepared a draft Bill to eradicate sinister practices by conmen and fostering scientific and social awareness among the populace.
The accompanying report from the Commission was explicit in its condemnation of these practices, noting that they were propagated by individuals claiming supernatural or magical powers with the intent to defraud and exploit vulnerable and ignorant people, often for financial gain or sexual exploitation.
Even though the government seemed to expedite its drafting in 2022 following the twin murders — allegedly a part of human sacrifice for economic prosperity — the Bill is still pending.
However, the said Bill’s status quo, as stated by Minister Sivankutty, has once again brought to the fore the government’s procrastination in enacting stringent measures to combat these exploitative practices.
Meanwhile, following the government’s assurance that the Bill against superstitions and inhuman practices in the state is under “active consideration”, Prasenan withdrew his Bill.
As the government continues the deliberations, the need for a comprehensive law to protect the innocent and foster scientific temper remains a pressing issue.
The government’s plans to introduce legislation to address the labour rights issues faced by thousands of youngsters in the gig economy is seen as a significant move towards safeguarding the rights of gig workers.
An announcement in this regard was made during the discussion of the Kerala Gig, Platform Workers’ Welfare Fund Bill, 2024, a private members’ Bill introduced by Jayaraj.
Chapter I, Section 2(35) of the Code on Social Security, 2020 defines a gig worker as “a person who participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship.”
Earlier, while introducing the Bill Jayaraj gave insights on the challenges and the proposed solutions for gig workers.
Jayraj highlighted that the gig sector employs thousands of young individuals who encounter several labour rights issues. He emphasised the urgent need for legal protections and proposed the establishment of a welfare fund board to support these workers.
“The proposed Bill is a crucial step in providing gig workers with the legal protection they deserve and integrating them into a structured welfare framework,” Jayaraj stated.
He also highlighted that no attempt had been made to classify the gig workers as employees in the new labour codes.
According to him, even though there is a separation between gig workers and regular employees or other non-employee classes of workers, the labour code lacks clarity on who exactly a gig worker is.
Echoing these concerns, Sivankutty pointed out that most gig workers in the state are under 40 years of age, with many being well-educated.
“Despite their qualifications, these workers face significant labour rights violations,” Sivankutty noted.
He acknowledged that the Labour Commissionerate has already dealt with several cases involving the violation of labour rights within this sector, indicating the persistence of these issues.
In response to these challenges, Sivankutty assured that the government was actively drafting legislation to protect gig workers.
“The Labour Department is in the process of shaping this legislation, which will be a milestone in ensuring the rights and welfare of gig workers in our state,” he said.
The proposed legislation aims to formalise the employment conditions of gig workers, ensuring they receive fair treatment and access to essential benefits. This move is expected to provide much-needed relief to the young workforce engaged in the gig economy, offering them stability and security in their professional lives.
Earlier, the NITI Aayog in a report titled ‘India’s Booming Gig and Platform Economy’ highlighted that the gig workforce was expected to expand to 2.35 crore (23.5 million) workers by 2029–30. Gig workers are expected to form 6.7 percent of the non-agricultural workforce or 4.1 percent of the total workforce in India by 2029–30.
The state government is expected to come out with legislation incorporating the aspects of the Code on Social Security, 2020
The Code on Social Security, 2020 provides for the framing of suitable social security schemes for gig workers and platform workers on matters relating to life and disability cover, accident insurance, health and maternity benefits, old age protection, etc.
The Code also provides for setting up a Social Security Fund and one of the sources of funds should be a contribution from aggregators — 1-2 percent of the annual turnover of an aggregator subject to the limit of 5 percent of the amount paid or payable by an aggregator to such workers.
(Edited by Muhammed Fazil)
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