The introduction of the new Labour Codes by the Indian Parliament in 2020 marks a significant and much-needed reform of the country’s labor laws. These changes aim to offer enhanced protections and benefits for workers, simplify regulations, and improve the ease of doing business. With about 90% of the Indian workforce employed in the unorganized sector and an increasingly complex legal framework, these reforms seek to reshape labor relations in the country, promoting fairness, security, and economic growth.

Historically, India’s labor laws were scattered, governed by over 29 different regulations, many of which dated back to the British colonial period. This fragmentation rendered them less relevant in today’s fast-paced economy, creating compliance challenges for employers and workers alike. While those in the organized sector enjoyed certain protections, the majority working in the unorganized sector often lacked social security, minimum wage guarantees, and safety standards. The urgency for reform has been acknowledged since discussions began in 2002, prompted by the Second National Commission on Labour’s recommendations. However, substantial progress was only realized with the recent initiatives under Prime Minister Narendra Modi’s administration.

The newly enacted Labour Codes consolidate the previous 29 laws into four key codes: the Code on Wages, the Industrial Relations Code, the Occupational Safety, Health, and Working Conditions Code, and the Social Security Code. These reforms aim to simplify compliance, minimize bureaucratic obstacles, and expand protections to all workers, including those in the unorganized sector.

1. Code on Wages:

For the first time, all workers in India are guaranteed minimum wage rights, addressing wage disparities and ensuring a basic standard of living for over 500 million individuals. The minimum wage will be reviewed every five years, introducing a “floor wage” to address regional inequalities. Furthermore, timely wage payments and equal pay for men and women are mandated, tackling both gender and income disparities.

2. Industrial Relations Code:

This code promotes improved employer-employee relationships by simplifying dispute resolution processes, leading to quicker justice through a streamlined tribunal system. A double-bench tribunal is established to expedite disputes within a year, while the code empowers trade unions, granting them statutory recognition and the ability to negotiate directly with employers. This enhancement aims to amplify workers’ voices and prevent industrial disputes from escalating.

3. Occupational Safety, Health, and Working Conditions Code:

Focusing on worker safety, particularly for those in hazardous jobs like mining and construction, this code includes provisions for annual health check-ups, mandatory appointment letters, and secure work conditions, especially for women. It introduces a national portal for the legal identification of interstate migrant workers, ensuring they receive social security benefits, and requires employers to provide travel allowances for migrant workers to improve their conditions.

4. Social Security Code:

This code extends social security to all workers, encompassing those in the unorganized and self-employed sectors. It significantly transforms the landscape by integrating a vast section of India’s workforce into schemes like the Employees’ Provident Fund (EPF) and Employees’ State Insurance (ESI). A social security fund for gig and platform workers acknowledges the evolving nature of employment. The code also eliminates minimum service requirements for gratuity payments for fixed-term employment, ensuring equal benefits for temporary workers.

The implications of these Labour Codes are extensive for both workers and employers. Workers, particularly in the unorganized sector, gain access to minimum wages, social security, health benefits, and safer work environments. The recognition of gig workers is timely, given their rapid growth in the economy. Legal safeguards and access to benefits aim to reduce exploitation and promote dignity among all workers.

For employers, these reforms simplify labor laws, reducing compliance burdens and streamlining operations. A unified registration, licensing, and return system for the four codes is anticipated to facilitate business operations, thereby enhancing India’s business environment. The shift from an inspector-driven to an advisory model seeks to decrease corruption and foster a more favorable business atmosphere.

Despite these positive changes, challenges and criticisms persist. Trade unions have raised concerns that the Industrial Relations Code may weaken workers’ rights by making strikes more difficult and granting employers greater hiring and firing flexibility, potentially undermining collective bargaining power.

Some critics argue that while the reforms are commendable in theory, their practical implementation may face challenges, especially in the unorganized sector where enforcement has historically been weak. Ensuring that all workers benefit from these new codes will demand considerable administrative effort and political commitment.

Additionally, in a country where workplace gender-based violence remains prevalent, it remains uncertain whether these legal provisions will translate into improved safety for vulnerable workers, particularly in sectors such as domestic work and manufacturing. The success of this reform hinges on robust enforcement mechanisms, especially in environments where women are particularly at risk.

The word ahimsaa means non-injury. We understand it as a Universal value, saamaanya dharma. No human being wants to be hurt by another in any manner. In fact this is true for any living being. We thus have a natural tendency to seek to be free from being hurt.

The practice of ahimsaa as a discipline is mandated in the Vedic statement himsaam na kuryaat – do not cause injury. Dharma Shaastra, which are the codes of ethics and conduct we are advised to live by says ahimsaa paramo dharmah, non injury, is the foremost value. It is also the first value identified among the several listed in Patanjali’s Yoga sutras. In this work he defines ahimsaa as vaanmanahkaayaih bhootaanaam anabhidrohah – not hurting or bearing malice to any being by speech, mind or action.

We can be hurt by someone or hurt another physically by causing pain or injury. Others can be hurt directly or indirectly such as by stealing, cheating, exploitation and so on.

Use of hurtful speech, which may or may not be deliberate also is meant to and does cause pain to another. It may be born of anger or used as a means to punish, exercise control, subjugate or coerce another individual. Many times the pain caused by speech far outlasts the pain caused by physical himsaa, injury.

The most common response to being hurt is to immediately retaliate. This results in a domino effect and breeds ill feelings. Reacting impulsively is more often than not, unproductive. It takes considerable effort to be deliberate in one’s actions. It may be acceptable to hurt another in self-defense when one’s own well being is threatened and imminent but to do so in order to cause pain to another is wrong. One can also cause hurt by the mind by entertaining

hurtful thoughts and bearing malice towards another. What is cultivated in one’s mind often becomes the potential which manifests in the form of verbal or physical action. Additionally it does not help the person who entertains such thoughts either. A mind consumed with anger and vengeance is not a mind that is relaxed or at peace.

Ahimsaa as a spiritual discipline is remarkably seen in the Jain and Buddhist monastic order. Jain monks avoid eating after sunset to prevent accidentally hurting tiny creatures that appear at dusk. In all actions including walking, talking, Jain monks make a conscious effort to avoid hurting even the smallest organisms. They cover their mouths with a piece of cloth, may sweep the ground they walk on and so on being careful not to hurt any living being including plant life. Hindu sanyaasis take a vow called ‘abhaya pradaanam’ whereby they declare to all living beings that henceforth they need not be afraid of being hurt by the sanyaasi.

Vegetarianism as a spiritual discipline of ahimsaa

A unique expression of ahimsaa as a spiritual discipline seen in our tradition is the practice of vegetarianism. It is the value of ahimsaa combined with an appreciation of sanctity of life and sensitivity to all living beings that is the motivation for choice of vegetarianism in Vedic tradition.

Whether one grows up in an environment where one is accustomed to eating only a plant-based diet or a combination of plant and animal-based diet, there are many individuals who make a deliberate choice to live only on a plant-based diet.

Why is there more himsaa involved in eating an egg than an eggplant, or a chicken more than a pumpkin? All living beings require food to survive. And life depends on life! Organic life lives upon organic matter. One form of life lives upon another form of life. What is dinner for the hunter is a tragic end for the hunted. The eater survives at the expense of the eaten. This being the case why is it not acceptable for humans to eat other animal forms of life?
The key to understanding this value lies in understanding that what a human being consumes in order to live is a matter of choice, an exercise of free will. A human being is not in the same category as a canary eating cat, born with and living by an instinct to eat what it is programmed to eat. Not being programmed a human being is endowed with the privilege to choose the kind of food he eats.

All living beings have a value for life. In fact survival is a basic instinct. Anything alive tries desperately to stay alive, plants and the simplest forms of life included. However, it is also plain that all living beings do not appear to have the same level of self awareness. Creatures in the animal kingdom are closer to human beings than are plants. Animals, birds, aquatic animals all run away attempting to escape when they sense someone trying to catch or harm them. When they are caught, they cry out, struggle, try to escape the first chance they get and fight desperately to not be killed. Thus, it is quite obvious that they do not want to be hurt, much less be killed.

Since a human being is given the free will to choose his food, he must do so based on some norms that guide his choice. This may be based on taste, upbringing, environment, availability of food, affordability and so on. The gift of free will carries with it the responsibility to follow a norm of Dharma for one’s choices. If one has to make a choice of food the preference is for a form of life that is the least evolved, namely plant life. Additionally, consuming vegetables and fruits does not destroy the plant or tree. This is not the case in consuming animals wherein the whole animal’s life is taken. A life that is as dear to the animal as it is to the person who consumes the animal. It is difficult to do this if one truly recognizes the sanctity of life and how precious it is. For one who makes a decision based on their personal free will to respect the sanctity of life and right of living beings to live out their lives as determined by their own will and or as nature intended ahimsaa in the form of vegetarianism becomes a religious discipline.

The value of ahimsaa requires alertness in all areas of one’s life. It finds expression in one’s attitude and relationship towards plants, animals and humans. In living this value, one develops finer appreciation of the feelings of others. One comes to see beyond one’s own needs to the needs of others and treats all beings with sensitivity and appreciation. All these characteristics lead to maturity and spiritual growth in an individual.

 About the Author

Sri Dhira Chaitanya , also known as Dr. Sundar Ramaswamy, is a teacher of Vedanta as well as a board certified doctor in child psychiatry. He currently conducts classes in South Florida. He is the co-author of Purna Vidya, a twelve year program for teaching children in Hindu Tradition and culture. He has also written Bereavement and Final Samskara in Hindu Tradition. His unique background allows him to teach about Hindu scripture while also addressing the role of psychological growth and maturity in spiritual pursuit with insight and authority.

ahimsaa means non-injury

dharma

Vedic statement himsaam na kuryaat

Dharma Shaastra

Patanjali’s Yoga sutras

stealing

cheating

exploitation

spiritual discipline of ahimsaa

Vedic tradition

plant-based diet

Sri Dhira Chaitanya

Dr. Sundar Ramaswamy

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