DIGITAL WELFARE AND MIGRANT VULNERABILITY: ASSESSING TECHNOLOGICAL GOVERNANCE, PRIVACY, AND INEQUALITY IN POST-PANDEMIC INDIA

AUTHOR – ABHINAV VISWANATH* & KRUTHA JANANI**

* ASSISTANT PROFESSOR AT SASTRA UNIVERSITY

** STUDENT AT SASTRA UNIVERSITY

BEST CITATION – ABHINAV VISWANATH & KRUTHA JANANI, DIGITAL WELFARE AND MIGRANT VULNERABILITY: ASSESSING TECHNOLOGICAL GOVERNANCE, PRIVACY, AND INEQUALITY IN POST-PANDEMIC INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 354-368, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The COVID-19 pandemic exposed deep structural vulnerabilities within India’s migrant labour economy, revealing significant gaps in welfare delivery and institutional preparedness. In response, the State increasingly adopted technology-driven governance mechanisms, including platforms such as the National Migrant Information System (NMIS), Aarogya Setu, and the e-Shram portal, to facilitate welfare delivery and data-driven policy interventions. This paper critically examines the effectiveness and constitutional implications of such digital welfare frameworks in the post-pandemic period (2020–2026).

Adopting a doctrinal and socio-legal methodology, the study evaluates digital welfare through the lens of digital equality, analysing how disparities in access to digital infrastructure, literacy, and identification systems affect migrant workers’ ability to benefit from these platforms. It argues that while digital governance enhances administrative efficiency and scalability, it simultaneously risks reinforcing structural inequalities by excluding those who lack digital access.

The paper further interrogates the constitutional dimensions of data-driven governance, particularly the right to privacy as articulated in Justice K.S. Puttaswamy v. Union of India, and examines the regulatory framework established under the Digital Personal Data Protection Act, 2023 and the 2025 Rules. It highlights tensions between welfare objectives and privacy safeguards, especially in contexts involving large-scale data collection and algorithmic decision-making.

The study concludes that digital welfare systems must be restructured to ensure inclusivity, transparency, and accountability. It advocates for hybrid delivery models, strengthened data protection safeguards, and regulatory oversight of algorithmic governance to align technological innovation with constitutional principles of equality, dignity, and justice.

Keywords: Digital Governance; Migrant Labour; Digital Inequality; Data Privacy; Welfare State