By Annapurna Sinharay
The PIL filed by Swaraj Abhiyan in the Supreme Court highlighting the severe drought conditions in the country has thrown light on the poor efforts on part of Central and State Governments in implementing welfare programmes. The petition focuses on the botched up implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) by State and Central Government. The prime contention in the case is the violation of the workers rights to timely wages.
Shortage of resources
A point that was brought up in the court was the discretionary and arbitrary lowering of the labour budget allocation to state governments by the Centre. In 2017-18, the Centre endorsed only 75 percent of the labour budget anticipated by states. For last year, this figure was only 70 percent. The calculations for funds are only based on the Centres approved labour budget and they do not take into consideration the varying requirements of each state. Therefore, it was seen that three states already have a negative balance – Andhra Pradesh, Uttar Pradesh and West Bengal. Even amidst impressive claims of highest ever allocations, current allocations are grossly insufficient for the MGNREGA to perform well. Mr Bhushan, the counsel appearing for Swaraj Abhiyan, has to say that the Centre was, in fact, coercing the states to slash their estimated demand for funds under the scheme due to which the states failed to provide employment to people.
Centres denial of shortage
In reply, the government has told the Honble bench that they have been providing adequate funds to the states under the Act. It refuted the claims made by the petitioner NGO. In fact, Mr Venugopal, the Attorney General, claims that whenever the states demanded additional funds from the Centre under the scheme, it was readily provided. He further added that there could have been some glitches in the process, but as soon as the government was informed, these were fixed.
Why has the NGO spoken out?
Swaraj Abhiyan is a socio-political organisation in India that seeks to transform ideology into reality and to achieve Swaraj in all aspects of life political, economic, social and cultural. In 2015, it launched a nationwide public movement, Jai Kisan Andolan, for farmers rights in India. In a publication dated August 7th, 2017, the organisation has pointed a finger at the Centre for alleged illegal delays in wage payments, understatement of such delays, the creation of ways to reduce or cancel payment of compensation for the same and then concealing such manipulation of liabilities.
On 9th August 2017 Swaraj Abhiyan filed a writ petition in the apex court impleading ten state governments in it. The petition highlights three issues, namely: (i) delay in payment of wages and compensation; (ii) reduction in person days from States projection; and (iii) absence of social audit being conducted.
The matter is being heard by a division bench consisting of Honble Justice Lokur and Justice Ramana. It has now been posted for March 19 in the Supreme Court. In a time of countless farmer suicides and gaping unemployment, expectations weigh heavy on the Supreme Court to deliver a potent judgment and ensure adherence to the word of the law.