Author: PRASANNASRI26092001

THE PARADOX OF FORMALISATION IN INDIA’S LABOUR CODES

AUTHOR – YOGALAKSHMI M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – YOGALAKSHMI M, THE PARADOX OF FORMALISATION IN INDIA’S LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 685-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s sweeping labor law overhaul is a big deal. By rolling twenty-nine separate laws into just four codes, the country has completely changed the way it handles work and workers. The headline goal is pretty clear: shift more jobs from the messy informal market into the formal economy. Now, gig workers, people who pick up shifts through apps, and inter-state migrants finally get legal recognition. Sounds like progress, right? But there’s a catch—while the new laws expand who counts as a “formal” worker, they’re also rolling back serious protections. Say goodbye to some of the old guarantees stuff like job security, real bargaining power, and tough government oversight.

This paper gets into that mess. Bottom line, the new codes pull off a strange trick: they list more people as “formal,” but strip away the kinds of rights that actually matter to workers. In the end, workers get paperwork, not real security. Using legal analysis and data, this study digs into whether these codes will actually fix informality or just dress it up in new clothes. Turns out, without stronger enforcement and better protections, these reforms risk making informality the new normal just with a stamp of approval instead of any real change.

SOCIAL SECURITY RIGHTS OF GIG WORKERS IN INDIA: MYTH OR REALITY?

AUTHOR – DHANA LAKSHMI. K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – DHANA LAKSHMI. K, SOCIAL SECURITY RIGHTS OF GIG WORKERS IN INDIA: MYTH OR REALITY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 678-684, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In today’s India, the gig economy has become a common part of everyday life. From booking a ride to ordering food, gig workers play a crucial role in making services faster and more accessible. For many individuals, this kind of work provides flexibility and a way to earn a livelihood without being tied to a fixed schedule. But at the same time, it also raises an important concern—are these workers actually protected when things go wrong?

Most gig workers do not enjoy the kind of security that traditional employees receive. There is no guaranteed income, no paid leave, and often no support in cases of illness, accidents, or old age. Although the Code on Social Security, 2020 has recognised gig and platform workers and introduced the idea of welfare schemes for them, the real question is whether these benefits are truly reaching the people who need them.

This paper looks at the issue through the lens of “myth or reality.” It tries to understand whether social security for gig workers exists only in laws and policies, or whether it is something that workers can actually depend on in their daily lives. By examining both the legal framework and the real experiences of workers, the study brings out the gap between what is promised and what is delivered.

In the end, the paper suggests that social security for gig workers in India is neither completely a myth nor fully a reality. It is still developing, with laws in place but implementation lagging behind. Bridging this gap is essential to ensure that the people who support the gig economy are also supported in return.

COMBATING VICE: THE IMMORAL TRAFFIC PREVENTION ACT 1956

AUTHOR – SARA RIZVI, LL.M.(CRIMINAL LAW) STUDENT AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – SARA RIZVI, COMBATING VICE: THE IMMORAL TRAFFIC PREVENTION ACT 1956, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 673-677, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the oldest profession that has existed since the beginning of time is prostitution. In a society where girls are forced into the flesh trade by their parents and relatives, prostitution is a necessary evil that is widely accepted and reinforced by complicated web of social factors. Their own people treat these young girls as a commodity that may be bought and sold to brothel for a fee. Therefore, prostitution resembles a kaleidoscope of images fostered by social public programs such as the portrayal of women as sex object to satisfy their obsessive demands. Despite laws prohibiting it, it has endured throughout history in almost every nation and is openly practiced supported and defended. The international world responded to this heinous advancement of prostitution and the immorality of trafficking in persons for prostitution by enacting a number of conventions. The constitution mandate under Article 23 talks about prohibition of trafficking and all forms of exploitation. Prostitution and beggary were among the several forms of human trafficking that were intended to be eradicated. Despite the fact there were numerous local acts, but nothing of them were uniform. In 1956, the Suppression of Immoral Traffic in Women and girls act, known as SITA the purpose of this law was to penalize brothels for procuring and pimping as well as to stop prostitution near public areas. The goal of the act is to prevent or outlaw the commercial vice of trafficking women, which includes children for the purpose of prostitution as a structured form of income. Therefore this paper aims to analyze and examine the effectiveness of the present legislation whether this act attempts to combat the problems relating the trafficking of women and children.

SWIGGY, ZOMATO AND BEYOND: THE LEGAL STATUS OF PLATFORM WORKERS IN INDIA

AUTHOR – SONALI SHARMA V, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SONALI SHARMA V, SWIGGY, ZOMATO AND BEYOND: THE LEGAL STATUS OF PLATFORM WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 665-672, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid expansion of the gig economy has fundamentally altered traditional employment relationships, particularly within India’s evolving digital landscape. Platform-based enterprises such as Swiggy and Zomato have generated large-scale, flexible work opportunities by engaging individuals on a task-based model. Despite these advantages, the rise of platform work has raised significant legal concerns regarding the classification, rights, and protection of gig workers.^[1]

This paper examines the legal status of platform workers in India, focusing on whether they can be classified as employees or independent contractors under existing labour laws. It critically analyses the framework established under the Code on Social Security, 2020^[2] and identifies key gaps in its scope and implementation. The study further considers comparative judicial developments, to evaluate emerging global approaches toward gig worker protection.

The paper argues that although Indian law has taken an important step by recognizing gig workers, it fails to provide enforceable and comprehensive rights. It concludes that there is a pressing need for legal reforms that balance the flexibility of platform work with the fundamental principles of labour protection and social security.

KEYWORDS – Gig Economy, Worker Classification, Platform worker, Social Security Regulation

---

[1] International Labour Organization, World Employment and Social Outlook: The Role of Digital Labour Platforms (2021).

[2] Code on Social Security, No. 36 of 2020 (India).

SOCIAL SECURITY AND EMPLOYEE BENEFITS: LEGAL RAMIFICATIONS FOR BOTH COMPANIES AND EMPLOYEES

AUTHOR – DEVI SESHA MALINI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – DEVI SESHA MALINI, SOCIAL SECURITY AND EMPLOYEE BENEFITS: LEGAL RAMIFICATIONS FOR BOTH COMPANIES AND EMPLOYEES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 656-664, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The enormous population and lack of adequate opportunities have increased the proportion of unorganised workers which in turn requires initiatives to protect the interests of the workers in the informal sector. The secondary data such as published articles and Government reports has been utilised for the study. The paper attempts to analyse the social security frameworks, schemes and judicial interventions in safeguarding the rights of the workers. The limitations are emphasized in the paper such as inadequate definition, enforcement mechanisms, funding, etc. The implications for the employees, employers and companies are further highlighted. The paper concludes that despite the reforms both judiciary and legislative, the mechanisms to safeguard the interests of the unorganised workers remains regressive due to implementation gap between reforms and their actual enforcement.

Key words: Unorganised workers, Enforcement mechanisms, Implementation gap.

ANALYSIS ON THE SAFETY AND HEALTH PROTECTIONS FOR GIG AND PLATFORM WORKERS UNDER THE NEW LABOUR CODES

AUTHOR – A.H.HAROON NADHEEM, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – A.H.HAROON NADHEEM, ANALYSIS ON THE SAFETY AND HEALTH PROTECTIONS FOR GIG AND PLATFORM WORKERS UNDER THE NEW LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 650-655, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The swift expansion of gig and platform-based employment in India has generated unique opportunities for flexible job arrangements but has also subjected workers to increased risks related to occupational safety and health. Conventional labor laws frequently overlook the vulnerabilities faced by this workforce, which encompasses delivery workers, ride-share drivers, and freelance digital service providers. The introduction of the Occupational Safety, Health, and Working Conditions Code, 2020, as part of India’s new labor regulations, represents a significant advancement toward including gig workers within the formal safety and welfare framework. This article analyzes the extent and effectiveness of these provisions in safeguarding gig workers against occupational dangers, ensuring their access to health services, accident compensation, and welfare initiatives. It assesses enforcement issues seriously, such as the informal character of platform work, the absence of employer accountability, and the limitations of digital surveillance. The paper emphasizes the necessity for flexible regulatory tools that strike a balance between worker protection and flexibility by analyzing case studies, government notifications, and comparative international practices. In order to protect the health and welfare of gig and platform workers in India’s developing digital economy, the essay finds that bolstering regulatory control, requiring platform responsibility, and expanding social security benefits are crucial.

Keywords: Gig economy, platform workers, occupational safety and health, occupational safety health and working condition code 2020, labour law, india, worker protection, social security, digital employment, workplace welfare.

GIG ECONOMY AND LABOUR RIGHTS IN INDIA

AUTHOR – KAVITHA CHITTRARASU, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – KAVITHA CHITTRARASU, GIG ECONOMY AND LABOUR RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 643-649, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

              THE RAPID EXPANSION OF THE GIG ECONOMY IN INDIA, DRIVEn by digital platforms and technological advancement, has fundamentally transformed traditional employment structures. While this model offers flexibility and increased employment opportunities, it simultaneously raises significant concerns regarding labour rights and worker protection. Gig workers, typically classified as independent contractors, remain excluded from essential legal safeguards such as minimum wages, social security, job security, and safe working conditions.This paper critically examines the legal status of gig workers in India, highlighting the inadequacy of existing labour laws that are primarily designed around conventional employer-employee relationships. Although the Code on Social Security, 2020 marks a progressive step by recognizing gig and platform workers, it fails to grant them enforceable rights or comprehensive protection. Through an analysis of judicial principles and comparative international frameworks, the paper underscores the urgent need for legal reforms. It advocates for the introduction of an intermediate worker classification, expansion of basic labour rights, and enhanced regulatory oversight of platform-based work. The study concludes that a balanced legal framework is essential to ensure that the growth of the gig economy does not come at the expense of worker welfare, thereby promoting both economic efficiency and social justice.

KEYWORDS: Gig Economy, Platform Work, Labour Rights, Social Security, Economic Dependency, Labour Law Reforms, Worker Protection, Job Security.

“PROTECTION OF SELF-EMPLOYED UNORGANISED WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020: A CRITICAL ANALYSIS”

AUTHOR – ABRARUL ATHIF, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – ABRARUL ATHIF, “PROTECTION OF SELF-EMPLOYED UNORGANISED WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 633-642, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically examines the extent of legal protection available to self-employed unorganised workers under the Code on Social Security, 2020 in India. The unorganised sector constitutes a substantial portion of the Indian workforce, within which self-employed workers form a significant segment. These workers, including street vendors, small traders, artisans, and home-based producers, operate outside formal employment relationships and are therefore excluded from traditional labour law protections. Despite their crucial contribution to the economy, they remain one of the most vulnerable categories in terms of social security coverage.

The Code on Social Security, 2020 represents a legislative attempt to extend social protection to all categories of workers, including the self-employed. It introduces provisions for registration, formulation of welfare schemes, and inclusion within a broader social security framework. However, the effectiveness of these provisions in ensuring meaningful protection for self-employed workers remains questionable. The absence of employer-employee relationships, lack of mandatory contribution mechanisms, and reliance on discretionary welfare schemes create significant limitations in the implementation of the Code.

This study adopts a doctrinal research methodology, analysing statutory provisions, judicial developments, and secondary literature to evaluate the adequacy of the legal framework. It further explores the structural challenges faced by self-employed workers, including income insecurity, lack of institutional support, and limited access to welfare schemes. The paper argues that while the Code symbolically recognises self-employed workers, it fails to establish enforceable rights or effective mechanisms to ensure social security coverage.

The study concludes that the protection of self-employed unorganised workers under the Code on Social Security, 2020 remains largely inadequate. It proposes the need for a rights-based approach, clearer accountability structures, and targeted policy interventions to ensure inclusive and effective social security protection.

 KEYWORDS – Social Security Code, 2020, Self-employed Workers, Unorganised Sector, Labour Law Reform, Informal Economy, Social Protection

IMPACT OF NEW LABOUR CODES ON THE FORMALIZATION OF UNORGANISED SECTOR IN INDIA

AUTHOR – MADHUMITHA.K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – MADHUMITHA.K, IMPACT OF NEW LABOUR CODES ON THE FORMALIZATION OF UNORGANISED SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 627-633, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Nearly 70–80% of employment opportunities in India are held by a large unorganized workforce, which is a key component of the country’s labor market. Historically, this group has not been adequately covered by labor laws, which has led to unsafe work environments, insufficient access to social security, unstable employment, and susceptibility to wage exploitation. The adoption of the four labor codes—the Occupational Safety, Health, and Working Conditions Code, 2020; the Industrial Relations Code, 2020; the Code on Wages, 2019; and the Code on Social Security, 2020 represents a major structural change intended to alter India’s labor law system. With a focus on extending coverage to unorganized, gig, and platform workers, these regulations combine 29 current labor statutes into a streamlined and consistent approach.

By examining important clauses including uniform minimum wages, obligatory worker registration, the extension of social security benefits, and the recognition of new workforce classification, this study critically investigates the effects of these labor regulations on the formalization of the unorganized sector. It delves deeper into the ways in which these regulations support more accountability, transparency, and inclusiveness in the labor market. However, the report also cites significant implementation problems, such as employee ignorance, digital illiteracy, administrative limitations, and employer reluctance, especially in the unorganized sector.

In order to ensure inclusive and long-lasting labor reforms in India, this article indicates that although the new labor codes offer a solid institutional and legal basis for formalization, their effectiveness relies on efficient implementation, strong enforcement mechanisms, and concerted efforts between the government, employers, and workers.

Key words: unorganised workforce, new labour codes, inclusiveness, social security, enforcement, efficiency.

“EFFECTIVENESS OF SOCIAL SECURITY CODE, 2020 IN PROTECTING UNORGANISED WOMEN WORKERS”

AUTHOR – FATHIMA.M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – FATHIMA.M, “EFFECTIVENESS OF SOCIAL SECURITY CODE, 2020 IN PROTECTING UNORGANISED WOMEN WORKERS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 616-626, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically examines the effectiveness of the Code on Social Security, 2020 in protecting unorganised women workers in India. The unorganised sector constitutes a significant portion of India’s workforce, with women forming a particularly vulnerable segment due to socio-economic disadvantages, lack of formal employment contracts, and limited access to welfare mechanisms. Although the Code on Social Security, 2020 was enacted with the objective of consolidating and extending social security benefits to all categories of workers, including those in the unorganised sector, its practical implementation raises serious concerns.

The paper analyses the legal framework governing social security under the Code, with particular emphasis on provisions relating to unorganised workers, gig workers, and platform workers. It further explores the extent to which these provisions address gender-specific challenges such as wage disparity, lack of maternity benefits, occupational hazards, and absence of institutional support. While the Code introduces progressive mechanisms such as registration of workers and welfare schemes, the absence of clear enforcement strategies, ambiguity in employer liability, and dependence on voluntary compliance significantly limit its effectiveness.

The study adopts a doctrinal research methodology, relying on statutory analysis, judicial precedents, government reports, and secondary literature. It highlights the gap between legislative intent and ground reality, particularly in the context of unorganised women workers who often remain excluded from formal social security systems due to structural and administrative barriers.

The paper concludes that while the Code on Social Security, 2020 represents a significant step towards inclusive labour welfare, it falls short in adequately addressing the unique vulnerabilities of unorganised women workers. It proposes targeted reforms, including gender-sensitive policy design, stronger enforcement mechanisms, and enhanced awareness initiatives, to ensure meaningful protection and realisation of social security rights.

 KEYWORDS – Social Security Code, 2020, Unorganised Workers, Women Labour, Labour Law Reform, Gender Justice, Informal Sector