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Politics Overpowering Welfare: Unorganised Workers' Social Security Act 2008

Author(s): TINA DUTTA and PARTHAPRATIM PAL


Source: Economic and Political Weekly , FEBRUARY 18 2012, Vol. 47, No. 7 (FEBRUARY
18 2012), pp. 26-30
Published by: Economic and Political Weekly

Stable URL: https://www.jstor.org/stable/41419792

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Politics Overpowering Welfare
for particular types of work, employment
relationships, sizes and establishments.
Only a handful are applicable universally
Unorganised Workers' Social or cover a broader swathe of the work-
force. Thus, there is grave need for laws
Security Act 2008 to ensure "comprehensive protection"
to informal workers. Besides the dearth
of legal machinery exclusively for unor-
TINA PUTTA, PARTHAPRATIM PAL ganised workers, the implementation of
existing piecemeal laws such as the Mini-
An analysis
mum Wages Actof 1948, Equal Remunera- th
Workers' Security Act (uwssa) 2008 was tion Act 1976 and so on has been utterly
Social S
2008 The publicised
shows Security
publicisedUnorganised Act as
as a grand initiative a
by(uwssa) grand Workers' initiative 2008 Social was by disappointing.
its dis
the incumbent government to bring the Owing to the long-standing need for
original
hitherto neglected unorganised workers Nationa
strong legislation to support unorganised
Enterprises
into the mainstream of Indian economy workers, the nceus in
recommended several th
through provision of social security bene- measures to ensure "minimum conditions
Sector proposal.
fits almost at par with organised sector of work", including "national minimum
measure of polit
workers. But a deeper analysis of the social security benefits" to hitherto de-
ahead
uwssa unmasks a game of politics rather of the 200
prived and marginalised unorganised
than a move towards welfare. The uwssa
elections, the
workers.1 A five-year timeline and aleg
federal

few is too loose to serve any benefits of theorganisational model were proposed, with
timelines or
target population, and too weak to not bethe State Social Security and Welfare
central and state
manipulated by central and state govern- Board handling the responsibilities of
provide
* ments trying to avoid their for unor
responsi-implementation with the assistance of the
Current schemes
bilities. In fact, unlike other importantWorker's Facilitation Centre, and supervi-
welfare acts such as the Mahatma Gandhi
sion of National Social Security and Wel-
Act's ambit focu
National Rural Employment Guarantee fare Board. A 13-point action plan to cover
poverty line wor
Act (mgnrega), the uwssa in effect both agricultural sector (the marginal and
to leave
makes none of the promises toout a lar
the bene- small farmers) and non-agricultural sector
vulnerable
ficiaries that it has claimed. workf
and its workers was also envisaged.
This analysis broadly reviews the While there was consensus on the
Social Security Bill 2006 submitted by need for concerted effort regarding social
the National Commission for Enterprises security for unorganised workers, some
in the Unorganised Sector (nceus), criti- commentators recommended extension
cally details the uwssa as it took shape, of the various ongoing social security
and notes reactions to the legislation schemes instead of legislation (Jose 2006).
and the present status. Others raised grave doubts about India's
capability to go on to such an ambitious
Proposal to Act path (O'Keefe and Palacios 2006: 3483),
A report on Social Security for Unorga- given its present levels of "income, urbani-
nised Workers (nceus 2006) and Condi- sation and institutional capacity". Rao et al
tions of Work and Promotion of Liveli- also emphasised the absence of "viable
hood in the Unorganised Sector (nceus enterprises", "poverty alleviation pro-
2007) were presented by the nceus in grammes" and "congenial macro policies"
2006-07. These documents recognised the and claimed that social security is a matter
livelihood problems of nearly 92% of of "putting the cart before non-existent
India's total workforce as a national horse" (2006: 3488).
problem. The focus was on the existingThe logic behind differentiating unor-
ganised workers between below poverty
disparity between the organised and un-
organised sector workers with respectline
to (bpl) and above poverty line (apl)
minimum wages, social security benefits
was to exploit the beneficiaries' potential to
Tina and decent working conditions.
Dutta ( contribute for their social security bene-
tinad09@i
Parthapratim fits to
The nceus report on conditions of work the fullest extent. For
Pal (example,
par the
areat the Indian Instit
proposal suggested a user-contributory
for unorganised sector workers argues that
Calcutta.
_ most labour laws in India are applicable
social security scheme for apl unorganised

26 FEBRUARY 18, 2012 vol XLVii no 7 ESE3 Economic & Political weekly

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workers. The proposal was criticised for schemes are the Indira Gandhi National
registration of unorganised workers and
not giving due attention to India's unpaid issuance of identity cards and so on. How-Old Age Pension Scheme (ignoaps),
women workers' social security needs National Family Benefit Scheme (nfbs),
ever, they are envisaged only as advisory
(Neetha 2006). However, given that iden- Janani Suraksha Yojana (jsy), Handloom
boards with no binding authority on the
tification and quantification of women's Weavers' Comprehensive Welfare Scheme
central and state governments. The boards
work in India is very difficult, a nascent may be well equipped and well staffed but(hwcws), Handicraft Artisans Compre-
social security bill may not have been hensive Welfare Scheme (hacws), Pension
have no power to compel the government
well equipped to deal with these complex to undertake suggested programmes. to Master Craft Persons (pmcp), National
issues immediately. The proposal bestowed substantial Scheme for Welfare of Fishermen and
However, an overall analysis of the Training and Extension (nswfte), Jana-
responsibility upon the Workers Facilita-
proposal made it clear that the proposal's tion Centres (wfcs). However, there are
shree Bima Yojana (jby), Aam Aadmi Bima
objectives were relevant, needed and Yojana (aaby) and the Rashtriya Swasthya
no concrete plans, guidelines or a time-
much awaited, though limited institu- Bima Yojana (rsby).
line for setting up of wfcs in the uwssa
tional capacity was the major hurdle in (goi 2008: 6). The uwssa allows the However, many scholars have debated
the path of universal social security. registration of all the workers aged 14 andthe necessity of the uwssa when it just
Based on the proposal, the uwssa 2008 above who will give a self-declaration ofpulls together a bunch of existing social
was unveiled on 30 December. However, their unorganised working status. How- security schemes. At the Indian Labour
the journey from bill to uwssa was not ever, it is not clear how the registering au-Conference 2009 the trade union repre-
straightforward. The whole idea of the thorities will avoid moral hazard. sentatives criticised the uwssa for being
bill - facilitating a right-based system of just an amalgamation of all existing social
The Sum of Its Parts security schemes with no new benefits.2
social security for unorganised workers -
seemed to be lost in the new legislation. A close look at the listed social security
The uwssa lists all the 10 ongoing social
While the social security proposal at- schemes shows that some are targeted at
security schemes and six related sup-
tracted considerable scholarly attention, porting Acts under its ambit. These
specific groups only (such as hwcws,
the uwssa received little scholarly atten-
Table 1 : State-wise Coverage of RSBY Scheme till 29 March 2011
tion after it came into effect in May 2009,
State

with the exception of a commentary Selected (1) Enrolment Enrolment in Total BPL BPL Families % Coverage
(Goswami 2009) in the Economic &
Political Weekly and one on the official Andhra Pradesh

website of the Communist Party of India


Arunachal Pradesh

(cpi) (Shankar 2009).


Assam

Bihar 37 23 10 92,12,275 50,54,337 54.87


The uwssa promises little and leaves
Chandigarh

the majority of the provisions to the whims Chhattisgarh 18 8 8 15,08,002 12,17,829 80.76
of the central and state governments, put- Delhi

ting little compulsion to formulate suitable Goa

policies within some definite time limit Gujarat 27 21 5 29,53,347 19,19,086 64.98
(goi 2008: 2-3). The uwssa is even weaker Haryana

when it comes to defining the responsi- Himachal Pradesh

bilities of state government (ibid: 3). Jammuand Kashmir

The only strong requirement is the Jharkhand

constitution of a National Social Security


Karnataka

Board (nssb) and State Social Security


Kerala

Board (sssb). However, the timeline for


Madhya Pradesh

Maharashtra

forming these boards is missing. There are


Manipur

fine details given about the composition Meghalaya

and functions of the boards. However, the Mizoram

sssb excludes an important component, Nagaland

i e, the representation of municipal bodies Orissa

and village panchayats, and local level Punjab

government machineries in its structure. Rajasthan

These boards will recommend to the Tamil Nadu

concerned governments suitable schemes


Tripura

for unorganised workers, advise in the


Uttar Pradesh

administration and review schemes formu-


Uttarakhand

West Bengal

lated by the government, the record- Total

keeping at state and district levels and the Source: http://www.rsb

Economic & Political weekly H3S3 February 18, 2012 vol xlvii no 7 27

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COMMENTARY = ^
as contract labourers and other in- Nadu
hacwSj such pmcp, and Goa, the scheme has zero
nswfte),
category (2) the provision of min- coverage. Thus there is large
formal workers,workers withi interstate
more imum conditions of work such as timelyvariation in the coverage ofOthe
specifically. the scheme.
generalwages, working
names hours, minimum wages, But a more crucial question is that even
(ignoaps,
aaby, holidays, etc, (3) the
and provision of unem-if the coverage
rsby) are of the bpl families
also had
bpl ployment allowance (as is mgnrega),beenof
categories 100%, how many unorganised
unorg
only. (4) grievance redressai the
While mechanisms,workers would fall into the category and
Social Secu
had and (5) special provisions for women
security be able to avail this facility?
provisions f
APL workers regarding sexual harassment,
unorganised worker
completely etc. Below Poverty Line?
security issues, wage gap,neglected the
hurt thoseMost state governments
workers in the 2010We carried out an exercise to see to what
who a
above Indian Labour Conference
the poverty claimed to extent the unorganised working
line. popula- M
absencehave initiated
of the rsby proper
in their states as tion is being covered by these bpl tar-
legislat
a stand-in for the uwssa.3
contracts, even Under the geted social
apl security schemes.
unor If in a
are rsby (launched on 1 exploited
largely October 2007), family of five, one or two person(s)
in th
The families of two adults and up to three
original work(s) and get(s) the minimum stipu-
proposal re
dependants are issued "smart cards" for lated wages, in how many
user-contributory days would
social
for aplavailing cashless hospitalisation and the family cross bpl criteria?
workers, which
and medication facilities up to Rs 30,000
feasible, but in The bpl criteria
has for the family have
not
space ina year. Table
the the state- been derived for the
1 (p 27) presentsfinal following two cases
docume
In coverage status of the scheme as (goi 2009):the
thatwise respect, (1) by doubling individual-
uwss
since it documented
covers in its official website.4 level bpl income, assuming
just a two earning
fract
ganised Up to
workforce.
29 March 2011, 376 districts had members in the family, and (2) by tripling
There been selected and around
are many 53% bpl fami- individual-level income, assuming three
other as
security lies enrolled under
left the scheme. Amongcompletel
earning members in the family. Clearly
the uwssa (Shankar 2009; Goswami the states, Tripura, Himachal Pradesh the latter case lifts the bpl level very
2009) (1) agricultural labour unorgan- and Chhattisgarh lead the race with high and the poverty ratio at the family
ised workers in the organised sector above 80% coverage; in Rajasthan, Tamil level increases substantially. However,
Table 2.1 : Calculation of Number of Days of Work for a Family to Cross the BPL Criteria, 2008-09y Rural
States Minimum Wages (Rs Per Day) BPL Criteria 2004-05 (Rs Per Month) for

2006-07* 2008-09# lndividual+ Family 2 Family 3 Family 2 OneMember TwoMembers Family 3 OneMember TwoMembers
(Two Members (Three Members 2008-09# Works Work 2008-09# Works Work

Andhra Pradesh

Assam

Bihar

Chhattisgarh

Delhi

Goa

Gujarat

Haryana

Himachal Pradesh

Jammu and Kashmir

Jharkhand

Karnataka

Kerala

Madhya Pradesh

Maharashtra

Orissa

Punjab

Rajasthan

Tamil Nadu

Uttar Pradesh

Uttarakhand

West Bengal

India

Family 2: BPL criteria for


# Figures for 2008-09 are
The CPI-RL growth rate
Source: * indiastat.com +

28 February i8, 2012 vol XLVii no 7 цш Economic & Political WEEKLY

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Table 2.2: Calculation of Number of Days of Workfor a Family to Cross the BPL Criteria, 2010-11, Urban
States Minimum Wages (Rs Per Day) BPL Criteria 2004-05 (Rs Per Month) for

2006-07* 2010# Individuals- Family 2 Family 3 Family 2 OneMember TwoMembers Family 3 OneMember TwoMembers
(Two Members (Three Members 2010# Works Work 2010# Works Work

Andhra Pradesh

Assam

Bihar

Chhattisgarh

Delhi

Goa

Gujarat

Haryana

Himachal Pradesh

Jammuand Kashmir

Jharkhand

Karnataka

Kerala

Madhya Pradesh

Maharashtra 65 93.01 631.85 1,263.7 1,895.55 1,999.40

Orissa

Punjab

Rajasthan

Tamil Nadu

Uttar Pradesh

Uttarakhand

West Bengal

India

Family 2: BPL criteria fo


# Figures for 2010 are
The CPI-IW growth rat
Source: *indiastat.com

this is considered as an extreme case. number of days varies widely across same time. Thus, they could cross the
the states. The median number of daysofficial poverty line very easily, but given
The figures have been updated using the
consumer price index for industrial
comes out to be 13 if one family membertheir large family sizes, socio-economic
works and seven if two family membersstatus and poor access to social sector
workers (cpi-iw) for urban areas, and with
cpi for rural labourers (cpi-rl) for rural
work under the first case; and 19.5 andservices, their living conditions remain
areas. Further to calculate the number 10 under the second case. Thus, even poor. The calculations demonstrate that
considering the high-level bpl criteriathe majority of the unorganised workers
of days, two cases are considered: (i) one
person in the family is employed, and for families, on an average 10-20 days ofand their families are deprived of much
(2) two persons are employed and receiveemployment in a month push familiesneeded social security facilities just
the minimum wages for unskilled work.5 outside the poverty line. because they lie above the poverty line.
Table 2.2 presents similar calculations
The wages for unskilled jobs are the lowest
among all types of works and these are for urban areas. At all-India level, urbanReaction and the Politics
used to calculate the maximum number of Welfare
families cross the bpl mark if one family
member works for 11 days or two mem-Most unorganised workers battle fears
of days of work/employment in a month
for crossing the poverty lines. The refer- bers work for six days under the firstof uncertainty and failure in their daily
ence years for rural and urban areas arecase. The corresponding figures are 16life. There were large expectations from
2008-09 and 2010-11 respectively, de-and eight days for the second case. Giventhe social security package, but the legis-
pending on the availability of the data. the high cost of living in urban areas,lation turned out to be weak, leading to
Table 2.1 (p 28) shows that in rural more numerous job opportunities andwidespread dissatisfaction. Unorganised
areas, at an all-India level, a familyhigher wages than in rural areas, it isworkers - construction labourers, sweep-
crosses the poverty line (in case 1) if onevery unlikely that the sole breadwinner ofers, dhobis, coconut tree-climbers, child-
member works for only nine days or twoa family would work for only 16 days andcare providers, hand-embroidery artisans,
members work for only five days in atwo workers from a family would work for bead makers and small shop vendors -
led a demonstration with the Unorgan-
only six to eight days in a month.
month. In case 2, i e, with a relatively high
BPL criterion, a family goes above the In fact to meet their daily expenses,ised Workers' Federation in Chennai in
poverty line in only 13 days if one memberthese poor workers work for more daysJuly 2009 ( The Hindu 2009). In addition
is employed and in seven days if two in a month and also engage in part-timeto the gap in coverage of health schemes,
members are employed. The calculatedjobs and multiple assignments at the another grievance raised by these workers

Economic & Political weekly Щ32Я February 18, 2012 vol xlvii no 7 29

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COMMENTARY ==

was the issuance of cards by( Business Standard 2010). No new schemes 2 Summary Record of Discussions of the 42nd
the village
Session of Indian Labour Conference held on
seem
administrative officers only to to be in
the the pipeline to address the
agri- 20-21 February 2009 in New Delhi. Last viewed
issues
cultural labourers in a family andsuggested
not toby the bill or at least to on 26 January 2012: labour.nic.in/lc/42ilc/Re-
cordNoteofDiscussions.pdf
other unorganised workers.justify the title of the uwssa. 3 Summary Record of Discussions of the 43rd
In March 2010, a demonstration rally
A detailed analysis of the uwssa makes Session of Indian Labour Conference held on
23-24 November 2010 in New Delhi, viewed on
under the banner of Karnataka State it clear that the government is not at all 15 January 2011: http://labour.nic.in/lc/43ilc/
willing to guarantee any social security
Tailors Association (ksta) in Mangalore RecordNoteofDiscussionAmendedbyMOLE.pdf
4 Last viewed on 26 January 2012: http://www.
( The Hindu 2010a) wanted the uwssa to
benefits to the unorganised workers. rsby.gov. in/
include welfare funds for tailors, soft Then
loans why hurry up to bring out such an 5 "Minimum Wages (2006-07)", viewed on 12 Jan-
uary 2011: www.Indiastat.com
incomplete, unstructured, loose-ended
for housing, children's education, health-
legislation? The answer can be found
care benefits and old-age pension facilities.
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allow-
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age of
ment formed its state social security board 60 years and provident fund for other htm.workers.

ЗО February 18, 2012 vol XLVii no 7 Ш Economic & Political WEEKLY

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