Constitutional Rights of Labour During Covid 19 Pandemic: A Study of India and Indonesia
- DOI
- 10.2991/assehr.k.211102.208How to use a DOI?
- Keywords
- Covid 19 Pandemic; Labour Rights; Constitutional Law; India; Indonesia
- Abstract
The Covid 19 pandemic, and the legal sanction for lockdowns and curfews in 2020, had a profound impact on workers even as economic downturn, reduction of labour demand, unemployment, severe financial distress, forced migration or confinement, assailed the labour sector. The informal, contractual, migratory, daily wage, and blue-collar workers across the world were especially vulnerable and most deleteriously affected, by the pandemic. A review of the legislative, legal, and judicial responses to labour rights during the pandemic, in different States provides crucial insights into how the variegated national Constitutional philosophies regarding labour and associated rights, were originally conceived, and are presently perceived, negotiated, and implemented resulting in divergent outcomes in praxis. This article based on secondary sources, critically analyses the jurisprudence underlying the legislative, legal and judicial reflexivity to labour rights during the pandemic lockdown in 2020 and 2021 in India and Indonesia, which are the two hegemonic developing economies of Asia in their respective regions, to identify the lacunae and susceptibilities in constitutional conception and its legal articulation which may be amenable to reforms for making law more socially responsive for a more egalitarian and humane society.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - David Pradhan AU - Nur Putri Hidayah AU - Isdian Anggraeny AU - Fitria Esfandiari PY - 2021 DA - 2021/11/22 TI - Constitutional Rights of Labour During Covid 19 Pandemic: A Study of India and Indonesia BT - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021) PB - Atlantis Press SP - 250 EP - 255 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211102.208 DO - 10.2991/assehr.k.211102.208 ID - Pradhan2021 ER -