Scheme-based workers demand recognition fair wages and rights

Source: The post Scheme-based workers demand recognition fair wages and rights has been created, based on the article “Scheme-based workers, the struggle for an identity” published in “The Hindu” on 21 May 2025. Scheme-based workers demand recognition fair wages and rights.

UPSC Syllabus Topic: GS Paper2- governance-Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: Despite playing vital roles in public welfare schemes, millions of scheme-based workers (SBWs) in India lack formal recognition as workers. Their ongoing demands for minimum wages, social security, and legal identity as workers have triggered strikes, legal battles, and policy debates at state and national levels.

Expanding Workforce in Social Welfare Delivery

1. Large Workforce in Critical Sectors: Over 60 million workers are engaged in government schemes such as the ICDS, NHRM, and Mid-Day Meal Scheme. This includes Anganwadi workers and helpers, ASHAs, and mid-day meal workers, who perform crucial socio-economic and health-related functions.
2. Key Social Functions: SBWs provide services for children, lactating mothers, and nutrition. They serve as links between communities and the public health system, improving school enrolment and public health outcomes.

Persistent Denial of Worker Rights

1. Lack of Legal Identity: Although their contributions are acknowledged publicly—even by the Prime Minister and WHO—SBWs are denied recognition as formal workers. They do not enjoy basic rights like minimum wages or social security.
2. Three Major Demands: SBWs have consistently demanded: (1) legal identity as government workers, (2) assured minimum wages, and (3) inclusion in social security schemes.
3. Modes of Protest: Their strategies include frequent strikes, legal actions, and negotiations through social dialogue platforms like the Indian Labour Conference (ILC).

Labour Mobilisation and Political Constraints

1. Role of Trade Unions: Central trade unions such as AITUC, BMS, and CITU have mobilised SBWs across states. However, the absence of structured wage negotiation timelines leads to sporadic and frequent strikes.
2. Varied State-Level Responses: States differ in their response depending on union strength and political considerations. For instance, Kerala’s Anganwadis recently ended a 13-day strike, while Maharashtra used the Essential Services Maintenance Act to restrict strikes.
3. Recognition of Essential Services: Despite suppressive policies, state actions like invoking essential service laws indirectly recognise the critical roles SBWs play.

Judicial Interventions and Policy Shifts

1. Initial Legal Setbacks: In State Of Karnataka vs Ameerbi (2006), the Supreme Court denied worker status to Anganwadis, stating they did not hold statutory posts.
2. Judicial Relief in Recent Years: In Maniben Maganbhai Bhariya (2022), the Court ruled Anganwadis eligible for gratuity under the Payment of Gratuity Act. In 2024, the Gujarat High Court directed that AWWs and AWHs be paid minimum wages and proposed their regularisation as Class III and IV employees.
3. Policy Directions from Courts: The Gujarat High Court also urged central and state governments to jointly frame policies for the regularisation of Anganwadi workers.

State Apathy and the Fight for Recognition

1. Government’s Stalling Tactics: While recognising the long-term policy implications, the government has cited high costs as a barrier to formalising SBWs. No clear timeline has been set for implementing worker status.
2. Privatisation Concerns and Protests: Amid delays, there are efforts to privatise schemes like ICDS. SBW organisations continue to resist these moves while demanding stronger labour protections.
3. Struggle for Identity and Dignity:,SBWs seek not charity or applause, but legal worker status and fair wages. Their struggle reflects a broader movement across sectors, where workers demand recognition, not honorariums, for their hard-earned labour.

Question for practice:

Discuss the challenges faced by scheme-based workers in India and the efforts made to secure their recognition and rights.