Discrimination against Workers under the Special Economic Zones Act, 2005 - A Hindrance to India’s Development

Shatadru Chakraborty, NALSAR University of Law

25 August 2008, 1030, Moot Court

The second essay of the first session shifts to one of the world’s largest labour forces - India. Although focus on labour laws differs from country to country, India’s active unions and socialist laws provide an interesting background for Shatadru’s evaluation of a recent piece of legislation in India. Oppression, equality and rights are often prominent themes in labour law, so come down to the Symposium and take a look for yourself!

Abstract

Worker’s rights in India are traditionally protected through a web of pre- and post-colonial legislations. The Special Economic Zones Act, 2005 enacted by the Indian Parliament and the concomitant rules framed by the Central Government create a differential regime for worker’s in SEZ’s. This discrimination against worker’s employed in these zones through relaxation in labour laws is sought to be justified as a means of furthering the country’s economic growth. Such a justification is however mistaken as both the competing theories of development, the capabilities approach and the reformed neo-classical approach recognize disregard for core worker’s rights as a hindrance rather than a help to development. Compromise on rights of worker’s is a global problem, prevalent in varying degrees throughout the developing world. In the absence of an effective enforcement mechanism under the ILO and human rights treaties, a solution is sought in the emerging transnational labour movement.

Shatadru is a fourth year student from the NALSAR University of Law who is interested in public international law and maritime law. In his free time, Shatadru enjoys reading, watching movies, listening to music and debating on social issues.