Right to Work and MGNREGA Job Card Deletions
Context:
Between 2021-22 and 2022-23, job card deletions under MGNREGA escalated drastically, surging from 1.49 crore to 5.53 crore workers—a staggering 247% increase. These deletions critically affect rural households dependent on MGNREGA’s 100-day legal employment guarantee.
Right to Work: Constitutional Articles, Legal Status, and Political Advocacy:
The Right to Work is not explicitly enshrined as a fundamental right in the Indian Constitution but finds recognition under the Directive Principles of State Policy (DPSP). Articles 38, 39(a), and 41 emphasise promoting welfare and securing employment opportunities.
- Article 41: Directs the State to secure the right to work, education, and public assistance in cases of unemployment or disability.
- Legal Status: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, translates the DPSPs into actionable guarantees by providing rural households 100 days of wage employment annually.
Leaders like Mahatma Gandhi championed self-reliance through employment. He believed in creating systems that empowered individuals to sustain themselves, aligning with MGNREGA’s objectives.
Procedure for Getting Registered:
To participate in MGNREGA, households must:
- Submit an Application: File an application with the Gram Panchayat with details such as family members, age, and Aadhaar number.
- Verification: The Panchayat verifies the applicant’s residence and willingness to work.
- Job Card Issuance: After verification, job cards with a unique number are issued. These cards enable workers to demand work and track payments.
Procedure for Deletion, Guidelines, and MIS Role:
- Deletion Procedure: Deletions must comply with Schedule II, Paragraph 23 of the MGNREGA Act.
- Key conditions:
- False Information: Job cards created based on incorrect data are invalid.
- Process: Gram Panchayat hears the affected worker’s side.
- At least two witnesses are present.
- Recommendations are forwarded to the Programme Officer, who executes deletions.
- Deletion Guidelines: Outlined in the Master Circular 2021-22, deletions occur in cases like:
- Permanent migration.
- Duplicate or forged job cards.
- Panchayat reclassification to an urban area.
- Role of MIS: The Management Information System (MIS) ensures transparency and accountability in MGNREGA:
- Records deletions with predefined dropdown reasons such as “Duplicate Applicant” or “Not Willing to Work.”
- Ensures digital traceability, with all updates reflected in Gram Sabha reports.
Challenges with Implementing Due Process:
Despite robust guidelines, reports highlight procedural lapses:
- No Prior Notice: Many workers are deleted without being informed.
- Lack of Gram Sabha Involvement: Key decisions bypass Gram Sabha deliberations, violating MGNREGA norms.
- Worker Unawareness: Several deletions occur without the affected worker’s knowledge.
- Arbitrary Decisions: Officials, under pressure to meet Aadhaar-Based Payment System (ABPS) targets, often delete workers without verifying their eligibility.
Status of Surge in Deletions:
Between 2021-22 and 2022-23, job card deletions surged by 247%, from 1.49 crore to 5.53 crore workers. Over the last four years, a staggering 10.43 crore workers have been removed, raising alarms about systemic issues undermining rural employment guarantees.
Reasons for the Surge in Deletions:
Key factors contributing to this spike include:
- Mandatory ABPS Compliance: Aadhaar linkage errors and documentation issues excluded many eligible workers.
- Misuse of MIS: Officials inflated compliance percentages by deleting workers not linked to Aadhaar.
- “Not Willing to Work” Claims: Often misapplied, with many deleted workers having demanded or performed work during the same financial year.
Case Studies of Worker Deletions
Madanpur Block, Bihar:
- Over 53,000 workers deleted, with intra-block discrepancies (e.g., 4,877 deletions in Dakshini Umanga vs. 3 in Shekhpur).
- Many deletions were reportedly arbitrary.
Mayureshwar-I Block, West Bengal
- Deletions jumped from 550 in 2021-22 to 31,861 in 2022-23.
- Reasons cited included “Duplicate Applicant” and “Non-existent in Panchayat.”
- No work has been sanctioned since December 2021 due to halted funds
Implications of the Surge: For the Right to Work: Arbitrary deletions erode MGNREGA’s promise of guaranteed rural employment.
- For Rural Households: Vulnerable families, already grappling with unemployment, lose critical income support.
- For Governance: Procedural lapses expose gaps in transparency and accountability, undermining public trust.
Social Implications:
- Increased Vulnerability: Loss of MGNREGA support exacerbates poverty and social inequality.
- Impact on Women and Marginalised Groups: These groups, major beneficiaries of MGNREGA, face heightened exclusion risks.
- Migration: Rural-to-urban migration may rise as families seek alternative livelihoods.
Recommendations for Addressing Arbitrary Deletions
- Adherence to Protocols:
- Follow verification processes outlined in the Act.
- Mandate Gram Sabha involvement for all deletions.
- Independent Oversight and Audits:
- Conduct independent reviews of deletion trends.
- Analyse MIS data for irregularities.
- Strengthening Local Governance:
- Train Panchayat members to ensure impartial inquiries.
- Include worker representatives in decision-making panels.
- Improved Grievance Redressal:
- Set up efficient mechanisms to address wrongful deletions.
- Promote public consultations to enhance transparency.
- Enhancing Transparency:
- Publish detailed data on deletions and corrective measures.
- Monitor ABPS compliance drives to prevent misuse.
