Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

Constitutional Rights of Labour During Covid 19 Pandemic: A Study of India and Indonesia

Authors
David Pradhan1, Nur Putri Hidayah2, *, Isdian Anggraeny3, Fitria Esfandiari4
1School of International Studies, Jawaharlal Nehru University, New Delhi, India
2,3,4Faculty of Law, Universitas Muhammadiyah Malang, Malang, Indonesia
*Corresponding author Email: nurputri@umm.ac.id
Corresponding Author
Nur Putri Hidayah
Available Online 22 November 2021.
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.

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Volume Title
Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 November 2021
ISBN
10.2991/assehr.k.211102.208
ISSN
2352-5398
DOI
10.2991/assehr.k.211102.208How to use a DOI?
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  -