SOCIAL SECURITY MEASURES DURING COVID-19 IN INDIA: ANALYSIS, CRITICISM AND SUGGESTIONS



( I )    INTRODUCTION

“To constitute India into a Sovereign, Secular, Socialist, Democratic, Republic”

The finest words of the Constitution of India embody the principle of social welfare, i.e. the word “Socialist”. Framers of the constitution could have anticipated the need for social welfare at that time and in upcoming India. Being a developing country with a population of around 1.3 billion people, half of which are still poor and living in rural areas, the concept of social welfare and security alarms the mind of the policymakers as the key aspect in the development of the country. Novel coronavirus disease or COVID-19, as quoted can be explained as a horrible dream for the working population in India. COVID-19 was declared a Public Health Emergency of International Concern and Pandemic all over the world on March 11, 2020. And soon after that, the Ministry of Home Affairs imposed lockdown in the whole country on March 24, 2020, with unpreparedness at its peak. This fragile step led to medium and long-term implications degrading the economy, stopping all the industrial work, transportation, and other significant sectors producing national income. Though the government arranged camps for the workers and provided them with food and other necessities, they could not stay there longer because the feeling of home was more fascinating and compelling in such a chaotic environment around the globe. The migration of workers to their home town drive along with its concerns regarding social security, livelihood and welfare of workers estimated around 100-150 million.

During this period of the last 9 months of lockdown, the worst destructive effects were not due to COVID-19 but the government’s response towards the COVID-19 situation. Other than its sole purpose of stopping the virus, the stringent lockdown logged the economy into its worst phase and forced millions of workers into poverty and hunger. India was at its highest unemployment rate comparatively since the last 4 decades as the prolonged lockdown had implications of massive joblessness and living crises for daily wagers who formed a substantial section of workers of the unorganised sector in India. COVID-19, combined with the Indian government’s response, can be termed the fall of the economy and humanitarian catastrophe.

Restrictions and preventive measures taken by the government of India were among the most stringent or strictest in the world. According to the “COVID-19: Government Response Stringency Index, May 7, 2020” brought up by the University of Oxford, India scored 100 out of 100 in Stringency Index based on nine indicators, including travel bans, closure of schools, industries, workplace etc. Labour in India falls under the Concurrent List, which can be regarded as an inimitable facet, enabling both the Centre & State to legislate upon them.  But eventually, it’s the State legislating substantial part of Labour in their territory like “The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979”, which is a central act but is primarily regulated by the State authorities.

 

( II )  SOCIAL SECURITY MEASURES DURING COVID-19

To overcome the severe implications of COVID-19 and pro-active lockdown, the government of India took the following steps in order to combat the sufferings of the workers

v The Ministry of Labour and Employment sent orders to all the States and Union Territories to support workers in the construction sector, which is estimated to employ the highest portion of migrant workers, from “Building & Other Construction Workers “Cess Fund”. Thereafter Rs. 5000 crores have been released from “Building & Other Construction Workers Cess Fund” supporting around 2 crore construction workers.

v For resolving grievances of migrant workers during the lockdown, the Ministry had set up 20 Control Rooms all over the country.

v After the lockdown, “Pradhan Mantri Garib Kalyan Yojana” having a financial lot of Rs. 1.7 lk crore was launched to help poor, needy and unorganised sector workers of the country. The government also proposed to provide cost-free food grains up to November 2020 to all the needy beneficiaries. This policy was aimed to ensure that no one is left behind without food during this challenging pandemic time.

v Per day wages under Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNAREGA) were enhanced from Rs. 182 to Rs. 202.

v The Government launched PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) Scheme to provide collateral-free loans up to Rs.10,000 for one year to approximately 50 lakh street vendors to continue their businesses.

v Pradhan Mantri Garib Kalyan Rojgar Abhiyan” was launched in around 116 districts in the country to provide employment to migrant workers who went to their home town after the lockdown. The government, through this campaign, is planning to build rural infrastructure with the involvement of migrant workers and about Rs. 50,000 crores have been sanctioned for this purpose. Similarly, many projects involving migrant workers were initiated to construct Roads, Highways etc. by the Transport Ministry, aiming for employment generation for migrant workers.

v 20 lakh crore financial assistance under “Aatm Nirbhar Bharat” was sanctioned, prioritising the creation of employment opportunities for migrant workers and workers of unorganised sector, eventually strengthening MSME Sector and promoting rural economic development.

v In order to provide minimum financial assistance to the workers through their EPF Account, “Ministry of Labour & Employment under Pradhan Mantri Garib Kalyan Yojana” authorised all the EPF (Employee Provident Fund) members to withdraw almost 75% of their total provident fund. This policy was initiated to provide financial assistance to jobless workers through their EPF account.

v For facilitating migrant workers who were returning back to the working state, “Ministry of Labour & Employment” issued Advisory Guidelines for all the States and UTs on July 27, 2020, “to nominate a State Level Nodal Officer to coordinate the implementation of various measures for the welfare of migrant workers who are coming back for employment.” Further, the States were also instructed to coordinate for screening and testing of migrant workers according to the protocol prescribed by the Ministry of Health & Family Welfare.

( III ) Evaluation Of Relief Measures Taken By Government Of India

In my opinion, just looking at the relief measures executed by the government to facilitate social security among workers in India probably won’t give a real and detailed analysis of the relief measures. Is the government honestly working to fulfil its responsibility during this pandemic time? Have the policies framed been able to assist and provide help to workers migrating to their native places? Have the measures and action plan framed for social security of the working population of India worked out in the manner it was expected? These are some of the questions for which answers need to be sought to provide a true opinion about the government relief measures and whether they were sufficient.

Even after adopting the strictest preventive measures to control COVID-19, the results were not satisfying and failed to meet expectations. At the beginning of the lockdown, i.e. March 25, there were only 320 active cases of COVID-19 in India, mostly confined to some remote areas, and only 10 deaths were recorded due to the virus. Looking at these numbers and comparing them to the immense population of 1.3 billion, it was plausible that India could have been capable of combating the virus after implementing such a stringent lockdown. But, escalating towards the end of June, India was the third-worst affected country in the world from COVID-19. And soon overtook Brazil and the USA, with around 30,000 new positive cases reported every day. The virus spread exponentially even after the stringent lockdown. This resulted in further extension of lockdown and suffering for the working population.

v Talking about the policies or relief measures framed by the government to support workers and other needy people, they lacked humane imagination in their framing. Sanctioning of a large amount of money does not in itself emphasis the welfare of workers. The primary issue that hinders the success of these policies is their improper implementation. A substantial population remains out of the purview of their relief measures due to a lack of proper implementation. During the whole lockdown, I have seen many farmers and workers coming bare hands from the ration shop because their names could not appear on the list of beneficiaries. This is the part the government should have focused more on than just showing off lucrative amounts and proposing some fantasied activities like “thali bajao” and all.

v The relief package of 1.7 lakh crores announced under “Pradhan Mantri Garib Kalyan Yojana” was not sufficient to meet the needs of around 150 million jobless workers. Let’s just be straight the government announced a package of 1.7 lakh crore, and we all know how much it will come down into the real world going through all the bureaucracy and corruption. Then we are talking here about workers among whom 95% belong to the unorganised sector and had a daily wage system. Thus these workers had no chance other than drawing out of their savings or borrowing. The package amounts to only 0.8% of the GDP and therefore won’t do much to counter the steep decline in the income of the destitute workers. And the scheme merged with many other ongoing schemes than to the amount is still inadequate to meet the requirement. The total of all the additional public spending proposed by the government at the end of May amounted to only 1% of the total GDP, and a substantial part of it has not reached the people.

v Another insufficiency that slams the free food distribution policy of the government was lack of transportation or arrangement of proper means of transporting those free 5kg wheat/rice to needy people. The government should have been mindful while framing such relief measures. There were around 77 million tons of food grains with the Food Corporation of India, which amounted to three times the buffer stock requirement. The government could have increased the distribution of free food grains instead of letting them rot in warehouses.

v Increase in daily wages of MNERGA seems to be a spurious relief measure as it won’t help farmers in any sense during the lockdown. As it will definitely take months to come into force, and on the other hand, execution of MNERGA during lockdown could not have been easy due to the situations where the working population under this programme fell by 83% due to lockdown. The government should have proposed something else to directly provide income to the workers.

Polices framed to help workers resume their work are welcomed in the current scenario. Generating employment opportunities in rural areas will help the worker to stay home and have a job at the same time. But all this could only be possible if all these relief policies are implemented in a proper and dedicated manner. The government should monitor the activities of local authorities in the implementation of all the proposed relief measures.

“The rate of hunger and distress exceeded the rate of relief”

 

( IV ) Suggestion Regarding Proper Implementation Of The Social Security Measures In India

The Government of India is a community of intelligent people and expertise, having knowledge and skills far from comparison with an undergraduate law student. It cannot be possible that they haven’t explored an area to properly implement social security measures in the light of the welfare state. But, there are still some loopholes due to which the objectives of Social Security Measures remain unfulfilled. Being a socialist backed democracy the government is bound towards the welfare of its citizen. Social Security measures adopted in India are aimed to help workers at their workplaces, uplifting of women, and support aged once and have provisions of both entitlement and enforcement.

v To combat the loopholes in the proper implementation of the Social Security Schemes the following reforms are suggested:-

 

Ø  One of the foremost reasons for unfulfilled objectives and improper implementation of social security measures is the lack of universalisation of all the policies and schemes. Due to the immense size of population, it is very much plausible that a substantial part of the needy and poor people remain unrevealed to social security measures. The constitution treats everyone the same and it’s the duty of the government to bring welfare and benefits to each and every person in the country. With most of the workers and other beneficiaries living in rural areas, it is important that people are made aware of government policies and registered as beneficiaries. Although there are various social security schemes, they are often beyond the reach of those who need them the most. The reason being improper communication of government schemes to the remote areas of the country and lack of willingness or spirit of public administration to spread out these measures. This is the most severe impediment towards proper implementation of social security measures and to cope-up, the government should implement its policies with the surety of bringing abandoned populations into their policy coverage. Apart from just publishing policies in the official gazette, ‘know your rights fares’ should be organised and those who are aware of such policies should take it as their responsibility to let others know about the same.      

 

Ø  The government should expand its coverage to succeed in the universalisation of its Social Schemes. Some of the measures to improve universalisation can be noted as removing thresholds and revision wage ceilings according to changing circumstances. And it should launch a robust comprehensive registration system for the identification of workers, employers and beneficiaries and the nodal officers and authorities should take prove active steps to register every possible beneficiary. The government should try to cover all types of employment and workers (organised and Unorganised) under its social security schemes. If people could get to know the incentives they will be deriving from these schemes then it is more likely that the number of participants will definitely increase in these measures.

 

Ø  Registering all the beneficiaries into all social security measures launched by the government seems to be problematic in such a big country. The reason is that the government has diversified these measures into several schemes, which could be far more efficient if integrated into a comprehensive scheme. The government should find a way to integrate all the diversified schemes of social security. This will help in a better fund allocation, reducing overlapping between various schemes and policies and even easier for the beneficiaries to get themselves registered.

 

Ø  Bureaucracy and Red Tapism have been one of the major issues regarding all government actions. Implementation of Social Security measures in a better way needs a better and electrified means of implementation of the schemes. Instead of submitting papers in panchayats and other government officers, e-mitr shops should be made/open in such areas. This will ensure a better and faster way of reaching out to needy beneficiaries. It will also be useful in the universal treatment of all the workers and other people regarding funds, laws and central schemes.

 

Ø  Creation and execution of Social Security measures is not enough in itself, the government should try to bring up a strong system of a social audit together with performance audit at the state level. This will be a beneficial step as it will help in monitoring and inspecting officers at a much lower level and also make them comply with norms and standards formulated by the government. And the government should also focus on setting up a proper and efficient system of Grievance Redressal.

CONCLUSION

Therefore considering all the results and current situation, in my opinion, the government lacked in fulfilling its duties towards the general public and especially in the case of workers. It should have been more diligent and complacent to actually provide relief measures to all the needy and destitute workers. Instead of framing a varied number of policies, it should have framed the action plan of direct transfer of money into the accounts of workers and proper implementation of what was already continuing. The government should monitor and adhere the activities of all social security officers to a set of professional norms so that the actual development of workers could be possible.

“A change from ruling to governing and from welfare orientation to professional-technocratic service orientation is the key” 

By

Hrithik Yadav

Hidayatullah National Law University


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