Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

The right to work deleted

Note4Students

From UPSC perspective, the following things are important :

Mains level: DPSP; Right to work; Labour Laws; MGNREGA;

Why in the News?

The implementation guidelines for MGNREGA are outlined in Master Circulars issued by the Ministry of Rural Development (MoRD) annually or biennially.

Mahatma Gandhi NREGA provides a number of legal entitlements to the job seekers through a series of provisions in the Act. While the Act makes provision for at least 100 days work per rural household in a year, it is the strong legal framework of rights and entitlements that come together to make the hundred days of work per year possible.

  • Every household residing in any rural area is entitled to a Job Card which contains the names and photographs of all adult members of the household so that they can demand and receive work.
    • According to the Master Circular for 2021-22, job cards can only be deleted under specific circumstances: 
      • when a household has permanently migrated
      • if the job card is identified as a duplicate,
      • if it was issued using forged documents.
  • According to Chapter 4 (​​Schedule II) of the annual circular, “Every adult member of a registered household whose name appears in the job card shall be entitled to apply for unskilled manual work.
  • The Ministry mandates the provision of an additional 50 days of wage employment (beyond the stipulated 100 days) to every Scheduled Tribe Household in a forest area,  under the FRA Act, 2006.
  • State Governments are mandated to put in place multiple mechanisms by which rural households can submit applications for demand for work at the Gram Panchayat (GP), Block and District levels.

What were the reasons behind the decision to delete references to the ‘Right to work’ in recent legislation or policy?

  • Administrative Efficiency: Governments may argue that streamlining policies and removing cumbersome regulations can enhance efficiency in employment programs.
  • Aadhaar-Based Payment Systems (ABPS): The push for ABPS has led to increased deletions of job cards, as officials focus on compliance metrics rather than ensuring workers’ rights are upheld.
  • Political and Economic Pressures: There may be external pressures to reduce welfare spending or adjust labour policies in response to economic conditions, leading to a perception that the ‘right to work’ is less critical.

What does the term ‘right to work’ entail, and why is it significant in the context of labor laws?

  • The ‘right to work’ is a fundamental principle in labour laws that guarantees individuals the opportunity to engage in employment and earn a livelihood.
  • In the context of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), specifically provides rural households with a legal entitlement to at least 100 days of wage employment per year.
  • This right is significant because it aims to alleviate poverty, promote social justice, and ensure economic security for rural populations. The act also mandates due process in the deletion of workers from job cards, emphasising the importance of transparency and accountability in employment practices.

How might the deletion of the ‘right to work’ impact workers, unions, and the broader labour market?

  • Workers’ Rights: It undermines the legal protections afforded to workers, making it easier for authorities to arbitrarily delete job cards without proper verification or due process.
  • Unions and Collective Bargaining: Unions may find it challenging to advocate for workers’ rights when legal entitlements are diminished, weakening their bargaining power.
  • Labour Market Dynamics: A reduction in guaranteed employment can lead to increased unemployment and underemployment, exacerbating poverty and economic inequality among rural populations.

Way forward: 

  • Strengthen Oversight and Accountability: Implement independent audits, regular reviews, and grievance redress mechanisms to ensure adherence to due process in job card deletions, with active involvement of Gram Sabhas and worker representatives.
  • Enhance Worker Protections: Reinforce legal safeguards for the ‘right to work’ by improving transparency in employment programs, ensuring compliance with MGNREGA mandates, and addressing systemic issues like ABPS-linked exclusions through inclusive digital solutions.

Mains PYQ:

Q An essential condition to eradicate poverty is to liberate the poor from the process of deprivation.” Substantiate this statement with suitable examples. (UPSC IAS/2016)

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