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JOURNAL ON LABOUR
BASIC INFORMATION ABOUT THE "JOURNAL ON LABOUR"
Journal Title: Journal on Labour
Discipline: Law
Focus Subject: Law
ISSN: 3107-572X
Publisher Name: Centre for Labour Law Research and Advocacy
Address: National Law University Delhi, Dwarka Sector 14, Delhi, 110078
Language: English
Format: Digital & Print
Starting Year of Journal: - 2025
Frequency of Publication: Annual
Journal on Labour, Volume 1, Issue 1, 2025
ISSN: 3107-572X
Theme: Sociology on Labour
JOURNAL ON LABOUR
Volume 1, Issue 1
Published by- Centre for Labour Law Research and Advocacy
ISSN: 3107-572X
Journal on ‘Labour’ is the flagship double blind peer-reviewed annual journal of the National Law University, Delhi. It is run and published by the Centre for Labour Law Research and Advocacy, NLU Delhi, providing incisive legal scholarship on contemporary labour issues.
Publisher's Information
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Editor-in-Chief: Prof. (Dr.) Sophy KJ, Associate Professor NLU Delhi
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Editorial Office: National Law University Delhi, Dwarka Sector 14, Delhi, 110078
-
Publisher: Centre for Labour Law Research and Advocacy
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Email-ID: jol@nludelhi.ac.in
Editor Information
-
Editor-in-Chief: Prof. (Dr.) Sophy KJ, Associate Professor NLU Delhi
-
Editorial Office: National Law University Delhi, Dwarka Sector 14, Delhi, 110078
-
Publisher: Centre for Labour Law Research
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Table of Contents
Journal on Labour, Volume 1, Issue 1, 2025
Article 1 – Commentary
The Limits of a ‘Social Contract’ Revealed? The ASHA Workers’ Strike in Kerala
Author: J. Devika
Article 2
Determinants of Human Capital: Some Reflections on Discrimination and the Law
Authors: Jaivir Singh and Kumar Abhishek
Article 3
Agency through Devalued Work: The Case of Health Care Workers in Palliative Care in Kerala
Authors: Neetha N. and C.U. Thresia
Article 4
Failures of Marital Provisioning and the Framing of Agency by Migrant Domestic Workers from Kerala
Author: Praveena Kodoth
Article 5 – Field Note
Marginalized Labour Categories and Historical Injustices: Some Perspectives & Insights on the Marginalization of Forest-dependent Communities and the Historical Injustices Perpetrated on Them
Author: Avijit Chatterjee
Article 6
Rethinking India’s Labour Laws for Informal Work: Assessing the ‘Inclusivity’ of Labour Codes
Author: Jasoon Chelat
Article 7
An Interface between Menstrual Leaves and the Right to Health: Analysis of Domestic Labour Legislation
Author: Solymosi-Szekeres Bernadett
Article 8
Socialisation through Work: Lived Experiences of Informal Sector Women Workers in the National Capital Region
Author: Sudeshna Sengupta
Article 9
The Scaffolding of Inequality: Social Categories and Labour Mobility in Construction Market of Lucknow
Authors: Kapil Kumar Verma and Prashant Kumar
Article 10
Women in Daily Labour Markets: A Study in Four Cities of Gujarat
Authors: James Regina C. Dabhi, Kanchan Bharati, and Ayanendu Sanyal
Article 11
Bringing Back the Paternity Benefit Bill: A Vital Legal Reform to Address India's Outdated Parental Leave Policies and Promote Workplace Equality through Empirical Evidence
Authors: Mitali Srivastava and Saibaa Ghazala
Article 12
From Margins to Brick Kilns: Women's Labour and the Nexus of Migration and Poverty
Authors: Karabi Konch and Kashmiri Saikia
Article 13
Colonialism to Globalisation: Contouring Labour Discourse in India
Authors: Sreemoyee Sarkar and Ananya Dungdung
Article 14
Capital as a Pre-requisite for Entry into the Beauty Platform: A Case of Women's Beauty Platform Service Providers in Delhi NCR
Authors: Shipra and Minaketan Behera
Article 1- Commentary
The Limits of a ‘Social Contract’ Revealed? The ASHA Workers’ Strike in Kerala
Author- J. Devika
Page Number: 1-14
Abstract: This commentary piece casts a historical eye upon the ongoing struggle of women workers at the rock bottom of the health system in Kerala, which is now nearly five months old. It notes that unlike the earlier waves of women workers' strikes in Kerala in the new century, the ASHA workers' strike led by a non-majority union, the Kerala ASHA Health Workers' Association (KAHWA), has exposed the limits of the late-twentieth century 'social contract' between the state and lower middle-class housewives in Kerala mediated by the dominant Left. In the 1990s, a host of global and local developments led to the state promising this section of women recognition and 'empowerment' and in return, women were to offer labour in local governance and act as agents of self-help aided by the state. However, women workers especially in the informal sector, were excluded from 'women'. The past decade and a half in Kerala have seen a number of public protests by women workers. The ASHA workers' strike is the latest, and the most revealing wave, as they are central to Kerala's social development achievements, even if marginal to the state's imagination of both 'woman' and 'worker'.
Keywords- Women workers, ASHAs, Kerala, KAHWA, Care extractivism, Workers' strike
Article 2
Determinants of Human Capital: Some Reflections on Discrimination and the Law
Author- Jaivir Singh and Kumar Abhishek
Page Number: 15-32
Abstract: After describing the structure of the Indian labour market that continues to exhibit a large informal labour workforce, it is pointed out that the growth of employment in the manufacturing sector is low. In this regard the significance of human capital expansion is highlighted with the aid of some of our previous work emphasising the point that it is important to look at linkages between of jobs individual employees. with household and characteristics The of remarkable discovery is that identity factorsgender, religion influence human development, the capital law and productive expansion of the manufacturing sector. Against this contextual setting we share results of an empirical exercise that attempts to comprehend the factors affecting human capital investment at the household level. Using data from the PLFS Survey the empirical exercise links the quality human and caste, capital investments suggesting that human capital decisions are affected by discriminatory practices in the labour market. Given the general importance of human capital development, we go on to reflect on the role of law in mitigating discriminatory practices in the labour market - looking both at the nature of the current omissions and prospects for improvement in the future.
Keywords- Discrimination in labour market, Human capital, Discrimination law, PLFS Survey, Labour market structure in India
Article 3
Agency through Devalued Work: The case of Health Care Workers in Palliative Care in Kerala
Author- Neetha N. and C.U Thresia
Page Number: 33-52
Abstract: India’s parental leave framework is predominantly focused on maternal benefits, with paternity leave receiving minimal attention. While the Maternity Benefit Act, 1961, mandates 26 weeks of paid leave for mothers, the Central Civil Services (Leave) Rules, 1972, provide only 15 days of paternity leave for government employees and offer no mandatory protections particularly the Right to Parenthood and a child’s Right to Holistic Development. Judicial interpretations have emphasised shared parenting's role in early childhood, yet the lack of legal protections perpetuates gender imbalances, forcing women to bear the dual burden of work and caregiving. for private-sector workers. The Paternity Benefit Bill, 2017, aimed to address this imbalance by proposing paternity leave for fathers across all industries, including adoptive and surrogate parents. However, its dismissal left India without adequate safeguards for shared parenting responsibilities. This paper examines how the absence of comprehensive paternity leave laws violates Article 21 of the Indian Constitution, particularly the Right to Parenthood and a child’s Right to Holistic Development. Judicial interpretations have emphasised shared parenting's role in early childhood, yet the lack of legal protections perpetuates gender imbalances, forcing women to bear the dual burden of work and caregiving.
Drawing on global best practices from the ILO’s Maternity and Paternity at Work report, this study analyses the societal and economic advantages of paternity leave. Empirical research conducted across private Indian companies evaluates the benefits of voluntary paternity leave policies, including improved workplace dynamics satisfaction. and By employee combining international standards with local data, this paper advocates for reinstatement of the Paternity Benefit Bill as a crucial step toward gender equity at home and in the workplace. Without these reforms, women will remain disproportionately burdened with caregiving, limiting workforce participation their and reinforcing systemic inequalities.
Keywords- Paternity leave, Paternity Benefit Bill, Central Civil Services, Child Development
Article 4
Failures of Marital Provisioning and the Framing of Agency by Migrant Domestic Workers from Kerala
Author- Praveena Kodoth
Page Number: 53-76
Abstract: The major structuring contexts of cross border labour migration from India do not enable the mobility of women, yet women from Kerala are a visible presence in jobs such as domestic work in the Middle East. Overseas mobility removes women from the everyday regulatory scope of local / family patriarchy. Cultural norms that restrict women’s autonomous mobility, independent of their families, and mandate marital control over their sexuality informs from Kerala have been migrating as domestic workers for more than half a century. Thus, I ask how do aspiring women overcome cultural barriers at home and obtain access to mobility or in other words, what negotiations underpin women’s movement? The women whose narratives I analyse here turned to overseas jobs to improve their lives; but they emphasize the failures of normative marital provisioning as the impetus for migration, directing attention to the compulsion to earn for their legal restrictions migration. on women’s Emigration policy restrictions on women are justified by policymakers as necessary to protect women at the lowest end of the job hierarchy, but end up fostering irregular migration at greater risk to migrant women. These contextual and empirical factors render the agency of emigrant women workers oppositional and subject migrant women to stigma. Yet, women from Kerala have been migrating as domestic workers for more than half a century. Thus, I ask how do aspiring women overcome cultural barriers at home and obtain access to mobility or in other words, what negotiations underpin women’s movement? The women whose narratives I analyse here turned to overseas jobs to improve their lives; but they emphasize the failures of normative marital provisioning as the impetus for migration, directing attention to the compulsion to earn for their and their families’ survival. By highlighting the lack of choice, I argue that migrant women refuse to own their agency in an effort to ground their migration on socially acceptable terms and thereby to garner licit space for migration. The paper draws upon a survey and semi structured interviews with 150 emigrant and returnee women from Trivandrum district, Kerala.
Keywords- Women’s labour migration, migrant domestic workers, Kerala, Middle East, Women’s agency, emigration policy.
Article 5- Field Note
Marginalized Labour categories and historical injustices: Some perspectives & insights on the marginalization of forest-dependent communities and the historical injustices perpetrated on them
Author- Avijit Chatterjee
Page Number: 77-85
Abstract: Taungyas, the ‘manufactured community’ of Indian communities, forest-dependent were the first captive/bonded labouring force in the country, who regrew/replanted large swathes of what we see as standing forests today. Their labour was fully appropriated by the Empire as they were not paid any wages for this humongous work. The untold story of the Taungyas is, unfortunately, one of the best-hidden marginalization stories of and historical injustice in India. For all of us seeking to undo historical injustices on ground, the liberation of the Taungya community – tucked away mostly unknown in forest villages, mostly without records – is not only about recognizing the unparalleled value of the ecological restoration work they were made to do forcibly (for purposes quite anti to ecology, for teak and timber extraction by the Empire). It is also about seeing them re-transform into citizens of the country with equal rights from this state of utter bondage and slavery.
Keywords- Forest, historical injustices, forest-dependent communities, marginalized labour.
Article 6
Rethinking India’s Labour Laws for Informal Work: Assessing The ‘Inclusivity’ Of Labour Codes
Author- Jasoon Chelat
Page Number: 86-106
Abstract: The Second National Commission on Labour, which published its report in 2002, recommended a demarcation and simplification of labour laws into four distinct Codes: on Industrial Relations, Wages, Social Security and Occupational Health and Safety. After two decades of this recommendation, India is currently in the process of reworking and replacing the regime of labour laws in India, which came up to over 44 Central Legislations and over a hundred laws enacted by the States, with streamlined, and inclusive ‘Codes’ that are divided on the nature of their subject matter. The main crux of this exercise, in addition to rationalisation and ease of compliance, was the coverage of unorganised workers, who make up the significant majority of the workforce in India and have hitherto remained largely outside the ambit of labour law protections. Using this criterion of ‘inclusivity’ as the tool for analysis, this paper examines the four Labour Codes on two levels: first, on the conceptual framework that forms the foundation of the Codes and the process of their enactment, and second, issues of exclusion in specific provisions across the four Codes. The paper argues that many of the issues in the present Codes can be traced back to a reliance on a pre-existing framework of labour legislation designed for formal, industrial labour, and the retention and expansion of exclusionary provisions in such laws. An alternative framework to the current system of labour laws necessarily involves re-centering the discourse to informal workers, who remain uncovered by labour legislations, while safeguarding the protections that are provided for formal sector workers.
Keywords- Informal work, Formal Work, Inclusivity, Labour Codes, Unorganised labour.
Article 7
An Interface between Menstrual Leaves and the Right to Health: Analysis of Domestic Labour Legislation
Author- Solymosi-Szekeres Bernadett
Page Number: 107-126
Abstract: Women persistently encounter considerable barriers in the labour market, including increased rates of non-participation, diminished wages, and constrained access to leadership positions. The job segregation has to be mentioned that exacerbates the gender pay gap and devalues female-dominated jobs. Despite commitments to gender equality, progress is often hindered by ineffective policies and a lack of political will. Women’s disadvantages are often attributed to their biological and social roles, particularly child-rearing, but emerging issues like menstrual poverty underscore the need for reform. Menstruation, an important aspect of women’s health, is largely overlooked in labour law, contributing to indirect discrimination in the workplace. There is a need for the regulation of menstruation in labour law, particularly through menstrual leave, as a necessary step toward gender equality. Menstrual health should be recognised as a human rights issue, requiring policies that address menstruation in the workplace. Menstruation, often overlooked in labour law, significantly impacts women's productivity and well-being at work. While gender-neutral labour laws fail to address specific challenges faced by women, menstrual health, including dysmenorrhea and related symptoms, contributes to absenteeism and presenteeism. Studies show that menstrual pain affects up to 90% of women, leading to missed work or reduced performance. This issue, along with reproductive health concerns, has largely been ignored by occupational health policies. This paper advocates for the inclusion of menstrual health in labour law, proposing flexible working hours, menstrual leave, and improved workplace conditions to support women’s health and reduce productivity losses. Recognising menstruation in labour law not only advances gender parity but also supports broader goals of reproductive health and social justice, improving women’s rights and well-being in the workplace.
Keywords- Menstruation, labour law, reproductive health, human rights, health rights.
Article 8
Socialisation through Work: Lived Experiences of Informal Sector Women Workers in the National Capital Region
Author- Sudeshna Sengupta
Page Number: 127-144
Abstract: How are women socialised into gendered work, and how do they learn patriarchal values through work? This paper explores this question by examining the experiences of informal sector women workers, who were working in the National Capital Region construction workers, including paid domestic workers, self-employed workers, and home-based workers, were in gendered occupations. How were these women inducted into the world of work? There were commonalities and differences observed in the socialisation processes. As far as commonalities are concerned, firstly, within all contexts and processes, women were inducted into gendered division of work by mainly intimate women members of both natal and marital families; secondly, they learn patriarchal values and subordination of women’s work through these processes; thirdly, they learnt to provide unpaid labour in both productive and reproductive domains as per the needs of the families. However, the socialisation processes differed across geographical contexts and with the diversity of productive and reproductive tasks. The processes of socialisation into gendered work varied depending on the needs of families. There were outliers, too. Socialisation influenced their future choice of occupations that demanded cheap, flexible, informal labour.
Keywords- Socialisation, gendering of work, productive work, reproductive work, informal workers.
Article 9
THE SCAFFOLDING OF INEQUALITY: Social Categories and Labour Mobility in Construction Market of Lucknow
Author- Kapil Kumar Verma and Prashant Kumar
Page Number: 145-158
Abstract: Caste as social capital plays an important role in one's access to marginalised opportunities; communities throughout India are forced to take up low-wage manual jobs. Construction labour is one of the well-known unskilled/skilled jobs in the unorganised sector in India, characterised by low pay and lack of social security. It is usually filled by members of marginalised communities who have inadequate access to any opportunities to break their cycle of poverty and institutional oppression. These also have certain geographies whereby the work is concentrated in the urban areas, and employment tends to be irregular, sometimes characterised by association with a particular intermediary contractor. or The job involves backbreaking work pertaining to carrying bricks, gravel, and cement, and there is a certain level of hazards. The occupation also involves persons from marginalised communities, especially Dalits and backwards Castes, because they are generally landless or have very little land holding, not enough to make ends meet and support the family. The State of Uttar Pradesh is the most populous State in India, and its capital, Lucknow, lies at the crossroads of migrant labour for people seeking employment in the city. At the same time, it is also a hub for people going to other locations for work. The occupation in construction labour is one of last resort and a desperate attempt at survival in lack of adequate means and opportunities, and this lies at the nexus of migration, marginality and lack of opportunities.
Keywords- Labour, Caste, Construction, Wage Labour, Lucknow, Discrimination
Article 10
Women in Daily Labour Markets: A Study in Four Cities of Gujarat
Author- James Regina C. Dabhi, Kanchan Bharati and Ayanendu Sanyal
Page Number: 159-179
Abstract: Informal employment continues to be the norm in most low- and middle-income countries, especially for women. India and the state of Gujarat are no exception. The Daily Labour Markets (DLMs), as an informal market (less researched and studied), provide spaces to bargain for better remuneration for labour. Still, they do not provide equal opportunities and access to women to capacitate themselves and enhance their employability. In this regard, the present paper provides insights into the status of women workers at 20 DLMs in the four major cities of Gujarat, India. It is found that the DLMs restrict their entry to women, as the markets are male-dominated. Moreover, the presence of female workers at the market is structured so that only women from the tribal and scheduled castes are visible. In contrast, upper-caste women are largely absent in the markets. Also, the women workers were associated-migrants with less negotiation and decision power about the choice of work, besides facing the challenges of access to basic amenities and safety and security issues. The markets also present gendered inequality in terms of wages.
Keywords- Daily labour markets, empowerment, gender, inequality, tribals, wages, women
Article 11
Bringing Back the Paternity Benefit Bill: A Vital Legal Reform to Address India's Outdated Parental Leave Policies and Promote Workplace Equality Through Empirical Evidence
Author- Mitali Srivastava and Saibaa Ghazala
Page Number: 180-212
Abstract: India’s parental leave framework is predominantly focused towards maternal benefits, with paternity leave receiving minimal attention. While the Maternity Benefit Act, 1961, mandates 26 weeks of paid leave for mothers, the Central Civil Services (Leave) Rules, 1972, provide only 15 days of paternity leave for government employees and no mandatory protections for private-sector workers. The Paternity Benefit Bill, 2017, aimed to address this imbalance by proposing paternity leave for fathers across all industries, including adoptive and surrogate parents. However, its dismissal left India without adequate safeguards for shared parenting responsibilities. This paper examines how the absence of comprehensive paternity leave laws violates Article 21 of the Indian Constitution, particularly the Right to Parenthood and a child’s Right to Holistic Development. Judicial interpretations emphasize shared parenting's role in early childhood, yet the lack of legal protections perpetuates gender imbalances, forcing women to bear the dual burden of work and caregiving. Drawing on global best practices from the ILO’s Maternity and Paternity at Work report, this study analyses the societal and economic advantages of paternity leave. Empirical research conducted across private Indian companies evaluates the benefits of voluntary paternity leave policies, including improved workplace dynamics and employee satisfaction. By combining international standards with local data, this paper advocates for reinstating the Paternity Benefit Bill as a crucial step toward gender equity at home and in the workplace. Without these reforms, women will remain disproportionately burdened with caregiving, limiting their workforce participation and reinforcing systemic inequalities.
Keywords- Paternity leave, Paternity Benefit Bill, Central Civil Services, Child Development.
Article 12
From Margins to Brick Kilns: Women's Labour and the Nexus of Migration and Poverty
Author- Karabi Konch and Kashmiri Saikia
Page Number: 213-228
Abstract: This paper explores how poverty and related issues compel many women to migrate and seek employment in brick-kiln industries, reflecting their personal narratives. A big chunk of the women workers working in brick kilns have migrated from distant places. Poverty remains a major factor in their migration process, forcing many women to leave their homeland in search of better livelihood opportunities. Since brick-kilns fall under the unorganised sector, they can accommodate a large workforce by offering consistent employment opportunities. As a result, brick-kiln becomes a viable survival option for poor, marginalized women who lack formal educational qualification. Apart from poverty, some women migrate to brick-kiln industries to become financially independent and escape from an oppressive household environment. The paper is based on both primary and secondary sources of data.
Keywords- Women Workers, Migration, Poverty, Labour, Brick-Kiln, Independent.
Article 13
Colonialism to Globalisation: Contouring Labour Discourse in India
Author- Sreemoyee Sarkar and Ananya Dungdung
Page Number: 229-251
Abstract: Last year, in a podcast, Infosys’s founder, Mr. Narayana Murthy, expressed concern about India's low productivity and proposed a 'seventy-hour work week' for India. It sparked a national debate where some supported the need for seventy-hour work weeks to boost productivity, and others referred to ILO imperatives on exploitation, motivation and burnout. Meanwhile, International Labour Day completes a century in India, as in 1923, the colonial city of Madras saw the first May Day to be celebrated in this land. Globalisation’s impact on Labour and development is equated with GDP and undermines workers' experience and the intersectional confluence of labouring lives. Indian labour legislation still suffers from patriarchal myopia, as the current development discourse does not address it. It neglects occupational health and safety parameters and ignores crucial roles played by the economy's structure and productive employment opportunities. Nevertheless, glorifying a workaholic culture vilifies leisure and condones an unhealthy work-life balance. The present work uses a critical lens to appreciate workers' contributions historically and provides labour dynamic discourse in India. The intellectual and legal history of contemporary labour demobilisation and the workweek paradigm is essential for social progress, workers' rights, and the ongoing struggle for economic justice in India.
Keywords- Labour History, Working Class Movement, Working Hours, Leisure, Neo-Slavery.
Article 14
Capital as a pre-requisite for entry into the beauty platform: A case of women's beauty platform service provider in Delhi NCR
Author- Shipra and Minaketan Behera
Page Number: 252-276
Abstract: Digital labour platforms are often portrayed as open and accessible workplaces that on board anyone willing to work. However, this perception proves misleading, especially in the case of beauty service platforms. These platforms selectively on board individuals, specifically, women beauticians, who possess specific forms of social, economic, and cultural capital, drawing on Bourdieu’s conceptualization. Platform companies portray themselves as neutral intermediaries that simply connect service providers with clients and charge commissions; however their influence extends beyond this transactional role. This paper examines the exclusionary practices embedded in beauty service platforms, which claim to provide opportunities to all but, in reality, impose structural barriers to entry and subsistence. It further highlights how these platforms appropriate the social cultural, and economic capital for their own benefit. Economic capital becomes a prerequisite, as service providers are invest in products, uniforms, training, and travel. Platforms leverage cultural capital through expectations that service providers demonstrate familiarity with English, adopt prescribed mannerisms, and conform to specific appearance standards. Social capital is similarly appropriated, as platforms encourage service providers to rely on personal networks, including friends, family, and past clients, as unpaid models, sources of new service providers, and new customers. All these forms of capital are not readily available to all beauticians. This study draws on qualitative data collected in 2022 through snowball and purposive sampling of 60 women beauty service providers in Delhi NCR. The sample includes workers engaged with platforms such as Urban Company, Yes Madam, BeU Salon, and Zoylee. Unlike traditional employment models, platform-based beauty workers do not merely contribute labour in exchange for wages; they must also mobilize their capital to sustain their work. By unpacking these dynamics, this paper contributes to understanding of how digital labour intersects with gender, and precarity in platform economies.
Keywords- Platform economy, beauty workers, social capital, economic capital, cultural capital
Editor Information
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Editor-in-Chief: Prof. (Dr.) Sophy KJ, Associate Professor NLU Delhi
-
Editorial Office: National Law University Delhi, Dwarka Sector 14, Delhi, 110078
-
Email-ID: sophy@nludelhi.ac.in
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