Protest and Employment Status of Scheme-Based Workers (SBWs)

Overview of SBWs

• The central government employs millions of regular and contract workers, including SBWs like Anganwadi workers (AWWs), Accredited Social Health Activists (ASHAs), and Mid-Day-Meal Workers (MDMWs).
• SBWs are crucial in executing schemes under the Integrated Child Development Services (ICDS), National Rural Health Mission (NHRM), and mid-day meals day scheme.
• Approximately 60 million workers are involved in government schemes focusing on social and economic functions such as child nutrition and public health.

Challenges Faced by SBWs

• Despite their critical roles, SBWs lack basic labor rights such as recognition as "workers," minimum wages, and social security.
• Their struggles for recognition have involved strikes, legal actions, and social dialogues.

Unionization and Strikes

• Major central trade unions like AITUC, BMS, and CITU organize and support SBWs.
• Frequent strikes occur due to the lack of wage negotiation timelines.
• State responses vary, with some imposing restrictions on strikes, such as Maharashtra's Essential Services Maintenance Act in 2017.

Judicial Interventions

• In 2006, the Supreme Court ruled that Anganwadis are not state workers as they do not carry official posts under any statute.
• However, in 2022, the Court recognized their eligibility for gratuity under the Payment of Gratuity Act, 1972.
• The Gujarat High Court in 2024 directed governments to pay minimum wages and consider regularizing Anganwadis as Class III and IV employees.

Efforts for Policy Change

• The Indian Labour Conference (ILC) has recommended that SBWs be recognized as "workers" entitled to minimum wages, pension, and social security benefits.
• The government has been delaying action on these recommendations due to concerns about cost implications.
• Attempts to privatize the ICDS scheme face strong opposition from SBW organizations.

Conclusion

• The ongoing struggle of SBWs is not just for recognition but for their right to be treated as workers and earn fair wages.
• The fight underscores a broader issue of workers in both traditional and modern sectors seeking recognition and fair compensation for their labor.