PYQ Relevance:[UPSC 2021] Examine the role of ‘Gig Economy’ in the process of empowerment of women in India. Linkage: While the PYQ focuses on empowerment and women within the gig economy, it aligns with the broader theme of identity and status challenges faced by workers in non-traditional/precarious employment structures, a challenge explicitly highlighted for SBWs and then linked to gig workers in the article. |
Mentor’s Comment: The central government employs millions of regular and contract workers, including around 60 million in schemes like ICDS, NRHM, and mid-day meals. These workers—such as Anganwadi workers, helpers, ASHAs, and mid-day meal staff—support children, mothers, and nutrition. They connect communities with public health and help improve school enrollment and overall health.
Today’s editorial talks about the problems faced by Scheme-Based Workers (SBWs). This content is useful for GS Paper I (Women’s Issues) and GS Paper II (Social Justice).
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Let’s learn!
Why in the News?
The recent developments surrounding Scheme-Based Workers (SBWs)—particularly Anganwadi workers, ASHAs, and MDM workers—have reignited the debate on labour identity, social security, and worker rights in India.
Who are scheme-based workers (SBWs)?
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What roles do they perform?
- Childcare and Nutrition Services: SBWs play a vital role in early childhood care by ensuring nutritional support, immunization, and preschool education. Eg: Anganwadi Workers (AWWs) under the ICDS scheme provide nutrition and basic health services to children and lactating mothers.
- Public Health Outreach: They serve as a crucial link between the public health system and rural communities, improving health awareness and access. Eg: ASHAs under the National Rural Health Mission (NRHM) assist in maternal care, vaccination drives, and promote institutional deliveries.
- Educational and Nutritional Support in Schools: They help enhance school enrollment and retention by providing mid-day meals, which also address child malnutrition. Eg: Mid-Day Meal Workers (MDMWs) prepare and distribute meals in schools under the Mid-Day Meal Scheme.
What challenges do SBWs face in gaining formal recognition and benefits?
- Lack of Worker Status: SBWs are often classified as “volunteers” or “honorary workers” rather than formal employees, denying them recognition as government workers. Eg: The Supreme Court in State of Karnataka vs Ameerbi (2006) ruled that Anganwadi workers are not state employees as they don’t hold statutory posts.
- Absence of Minimum Wages: Most SBWs receive honorariums instead of wages, which are far below minimum wage standards. Eg: Anganwadi workers and helpers across states earn as low as ₹4,500–₹9,000 per month, without alignment to state minimum wage norms.
- No Social Security Benefits: SBWs are denied access to pensions, provident fund, maternity benefits, and health insurance. Eg: Despite working in public health, ASHAs are not covered under schemes like EPFO or ESI.
- Policy Delay and Avoidance: Governments often cite financial burden or the need for long-term planning to delay regularisation. Eg: In 2016, the Labour Minister told Parliament that there’s no fixed timeline to implement ILC recommendations for SBWs.
- Suppression of Collective Action: SBWs’ strikes are often met with state repression or legal barriers. Eg: Maharashtra invoked the Essential Services Maintenance Act (ESMA) in 2017 to curb Anganwadi workers’ right to strike.
Why is the government reluctant to regularise SBWs?
- Financial Burden: Regularising SBWs would significantly increase the government’s salary and welfare expenditure, making it fiscally unsustainable. Eg: The central government employs over 60 lakh SBWs, and converting them to regular employees would involve massive budgetary allocations for wages and benefits.
- Policy Ambiguity: Successive governments delay decisions by citing the need for long-term policy formulation without committing to a timeline. Eg: In 2016, the Labour Minister told the Rajya Sabha that implementing Indian Labour Conference (ILC) recommendations requires indefinite planning.
- Privatisation Push: The government aims to reduce its role in welfare delivery by promoting public-private partnerships, weakening the case for regularisation. Eg: There have been attempts to privatise the Integrated Child Development Services (ICDS), directly affecting the employment security of Anganwadi workers.
How have trade unions and courts supported SBWs’ demands?
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What are the policy implications of granting SBWs formal employee status?
- Fiscal Burden: Recognising SBWs as formal employees would significantly increase the government’s expenditure on salaries, pensions, and social security. Eg: The central government is concerned about cost implications due to the growing number of SBWs (nearly 6 million), especially as population-linked schemes expand.
- Policy Reorientation: Granting formal status would require new frameworks for recruitment, training, service conditions, and grievance redressal. Eg: The Gujarat High Court in 2024 directed the State and Centre to create a joint policy to regularise Anganwadi workers as Class III and IV employees.
- Precedent for Other Informal Workers: Regularising SBWs could set a precedent for other informal or gig workers demanding similar recognition and protections. Eg: Like SBWs, gig workers (e.g., delivery partners) are also fighting for worker status and social security rights in courts and labour forums.
Way forward:
- Enact Clear Policies: Governments should promptly create and implement policies to grant SBWs formal worker status with fair wages and social security benefits.
- Strengthen Monitoring: Improve enforcement by regional bodies to ensure timely wage revisions, labour rights protection, and prevent exploitation of SBWs.
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