“ INDIA’S ASSOCIATION WITH ILO: A CRITICAL ANALYSIS”

International Labour Organization completes 100 years this year. This United Nations program
was started in 1919 with its origin in the treaty of Versailles, which ended the World War I. The
constitution of ILO was drafted by the Labour Commission. This was formulated and organized
because of the poor labour conditions and exploitation of the workers which prevailed that time
and to extend which still prevails. The basis for bringing such organization was the economic &
social conditions of the workers, humanitarian grounds, social justice and equality and for the
building up of peace. The ILO provides for the decent work environment and sets labour
standards. It deals with various problems of workmen and their rights, opportunities for men and
women and their income scale, social protection and work for peaceful progress of both workers
and employers. It has a tripartite character. It is outlined via Conventions and Recommendations.
Conventions are in the form of international treaties which results in instruments, which provides
for legally binding obligations on the member countries which ratifies it. Recommendations are
non-binding by its nature but sets out guidelines which provides shapes to national policies and
actions.

India has been a founding member as well as a permanent member of ILO’s governing body
since 1922. The first office of ILO laid its foundation in India in year 1928. India holds a very
interactive history with ILO and with the passing of decades and its constituent’s work, they hold
a relationship built on mutual trust and respect. The Conference has so far had 4 Indian
Presidents viz., Sir. Atul Chatterjee (1927), Shri Jagjivan Ram, Minister for Labour (1950),
Dr.Nagendra Singh, President, International Court of Justice (1970) and Shri RavindraVerma,
Minister of Labour and Parliamentary Affairs (1979). There have also been 8 Indian Vice
Presidents of the International Labour Conference, 2 from the Government group, 3 from the
Employers and 3 from the Workers’ Group.1 The concept of “Decent works”, which the ILO
follows, includes providing of proper and equal opportunities to men and women, rights of

1
India & ILO- published on the website of Government Of India, Ministry of Labour & Employment (link:
https://labour.gov.in/lcandilasdivision/india-ilo)
workers, social security and dignity. This is for the purposes of social and economical progress
which India also tends to achieve. For reduction of poverty, to achieve sustainable development,
India in its 11th Plan had a vision of faster growth with benefits and ensures proper opportunities
to all. Most of the goals set out in 11 th Plan were in resonance with the decent work concept of
ILO.

In India, the decent work concept has been introduced in the form of Decent work countries
programmes (DWCP) which have the base pillar of tripartite character and recognized under
ILO. Till now India has ratified to 45 of ILO’S conventions, and holding a better position than
other relative countries. The conventions for which India have not ratified, but have voted in the
favour of such conventions.

ADOPTIONS:

 There was a strong need of social security to the persons working in the industrial sector
in case of sickness, old age or bodily damage. The focus grew on this issue and was
highlighted as soon as the ILO convention in 1927 was adopted, but the Workers
compensation Act only provided for social assistance. There were recommendations
given by the Royal Commission on Labour in 1931. While in 1943 government of India ,
drafted a final report on the conditions of workmen and the report was renewed by two
ILO experts, Maurice Stack and Raghunath Rao. They made some changes and finally it
was sent for consideration to Indian Labour Conference 1944. Thereby, giving a broad
Social Security Scheme which provided for Social Insurance was incorporated in
Employees’ State Insurance Act 1948.
 After the independence of India, in year 1948, the industrial workers were happy with the
passing of a new legislation, Minimum Wages Act 1948 and it made mandatory for the
employer to pay fixed amount of wages. With this, ILO convention was adopted for the
workers working underground in the mines area. Because of this convention another
legislation, Mines Act 1952 was passed.
 As with the increase in number of job opportunities and rise in number of female
workers, the ILO convention was passed relation to the subject of maternity leave,
followed by which a new legislation, Maternity Benefit Act 1952 came into force.
 According to the act, it provides for compulsory paid leave to the pregnant women, six
weeks before and after the delivery of a child or miscarriage.

CONCLUSION :

India is a developing country as well as a “welfare state”, there is an industrial growth along with
growth in almost all the sectors, it is also important to hold the welfare of the people, the goal is
of sustainable development. ILO and India works for a mostly common goal. ILO being an
international level organization, have a data of problems of other countries which may arise in
future in India and it provides a better way for curbing the problem with a good outcome. It is
important that the industrial sector is at peace so progress can happen. Still there have been
problems such as forced labour, employing children in hazardous place, although we have laws
at national and international level, but the lack of implementation has always created a barrier.
Even if government tries to impose high fines and imprisonment for such employers, it also
increases the chances of corruption. As rightly said, “the need of the people can be satisfied, but
the wants of people cannot be.” While another problem is of legal short coming in the
legislation, where the acts provides for equal payment to male and female workers for the same
work, while looking at the loopholes it does not guarantee the same under the Equal
Remuneration Act. This is just one example, there are many in number. Proper implementation is
important and proper correction of such loopholes are needed for creating a better and decent
work environment.