Scheme-based workers, the struggle for an identity, Pg8

Around 60 million workers such as Anganwadi Workers (AWWs), Helpers (AWHs), ASHAs, and Mid-Day Meal Workers (MDMWs) are part of central government schemes.

• Despite critical roles in nutrition, education, and public health, they lack basic labour rights—minimum wages, pensions, job security.

• Scheme-Based Workers (SBWs) are fighting for recognition as “workers” under labour law, not mere volunteers or honorary staff.

• Their struggle has taken the form of strikes, legal battles, and negotiations at forums like the Indian Labour Conference (ILC).

• Judiciary has given mixed rulings, with recent judgments (2022, 2024) recognising their duties but still not guaranteeing full rights.

Detailed Insights:

• Supreme Court in 2006 denied them “worker” status; however, recent rulings in 2022 and 2024 acknowledged their essential roles and gratuity rights under the Payment of Gratuity Act, 1972.

• Unions (AITUC, BMS, CITU) have long raised their concerns, demanding Class III/IV categorisation for AWWs/AWHs.

• Government argues fiscal constraints; 2016 Labour Minister’s statement shows reluctance to commit.

• SBWs play a crucial link between public health systems and the community, with their undervaluation reflecting broader systemic apathy.

• Policy evasion and delays have led to unrest, frequent strikes (e.g. Kerala 2025 indefinite strike), and judicial intervention.

Key Concepts:

• Scheme-Based Workers (SBWs): Workers under social schemes who perform essential public services without being recognised as formal government employees.

• Indian Labour Conference (ILC): A tripartite forum for discussions between government, employers, and workers.

• Worker vs. Honorary Status: Central to the fight for legal protections and benefits.

Significance:

• Exposes the paradox of India’s welfare model: those delivering social security often lack it themselves.

• Recognition and regularisation of SBWs is crucial for inclusive growth, gender justice (as many are women), and public service delivery.

• Their movement reflects broader struggles of informal sector workers and rising demand for universal labour protections.

Mains Mock Question:

Critically evaluate the role and status of Scheme-Based Workers (SBWs) in India’s welfare architecture. Should they be recognised as government employees? Justify your stand.