ABSTRACT
Distressed migrant workers form a uniquely vulnerable segment of India’s labour force, with children among them facing heightened risks. While the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, seeks to safeguard migrant labourers, it does not explicitly address the needs of underage migrants. Similarly, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, prohibits child labour yet offers little practical protection in cases involving child migration. A social mapping exercise conducted in Odisha’s districts of Kalahandi, Bargarh, Balangir, and Nuapada reveals that many children either migrate alone in search of work or accompany their parents – often at the cost of their education and wellbeing. This chapter examines how such migration undermines core constitutional safeguards, particularly those related to education, reasonable working hours, fair wages, and stable living conditions. The study’s findings point to systemic and ongoing violations of these rights at destination sites, with children either employed as migrant workers themselves or suffering indirect harm due to parental migration. These realities expose significant gaps in existing legal and policy frameworks. The chapter concludes by highlighting the urgent need for targeted protections to uphold the rights and welfare of migrant children.
