📰 Labour Ministry launches ‘donate a pension’ scheme
It allows any citizen to pay premium amount on behalf of an unorganised worker
•The Union Labour and Employment Ministry on Monday launched the “donate a pension” scheme allowing any citizen to pay the premium amount on behalf of an unorganised worker under the Pradhan Mantri Shram Yogi Maan-Dhan Scheme.
•The pension scheme, which was launched in 2019, allows unorganised sector workers between 18 and 40 years who earn up to ₹15,000 a month to enroll by paying a premium amount between ₹55 and ₹200, depending on the age, that would be matched by the government. On reaching the age of 60, the beneficiaries would get a ₹3,000 monthly pension. As of March 3, the scheme had 46.34 lakh enrollments, according to the Labour Ministry’s portal.
Immediate support staff
•Launching the scheme, Labour Minister Bhupender Yadav said he himself had paid the premium of the gardener who worked at his home. The scheme allows a citizen to “donate the premium contribution of their immediate support staff such as domestic workers, drivers, helpers, care givers, nurses in their household or establishment,” the Ministry said in a statement.
•The donor can pay the contribution for a minimum of one year, with the amount ranging from ₹660 to ₹2,400 a year depending on the age of the beneficiary, by paying through maandhan.in or visiting a Common Service Centre.
As the MediaOne case shows, a judiciary that is a mute spectator to any executive action highlights democratic decay
•A Division Bench of the Kerala High Court has dismissed the appeal filed by MediaOne, a television channel in Kerala, whose licence the Ministry of Information and Broadcasting has refused to renew. The Ministry had said that the licence could not be renewed for reasons related to national security. The stand of the Government was endorsed by both the Single and Division Benches of the High Court. In this context, the judgments set a dangerous precedent for free speech rights and procedural justice.
Suspended rights
•A whole set of rights are directly hit by the ban. The first is the obvious one: the right to freedom of speech and expression of the television channel. The rights to association, occupation and business are also impacted. Moreover, the viewers also have a right to receive ideas and information. All these rights are altogether suspended by the executive. The only contingency in which these rights under Article 19(1) can be interfered with are reasonable restrictions under Article 19(2).
•Among others like public order, incitement to an offence, it lists ‘security of the State’ as a ground. However, the trouble emanating from the MediaOne judgment is that the state need not even show that its security is threatened. It can conveniently choose the ‘sealed cover’ route.
•The jurisprudence of ‘sealed cover’ is an appalling trend. The process of judicial review is significant since it holds the executive accountable. The executive must cogently answer its actions – especially when fundamental rights such as free speech are curtailed. India’s Constitution does not give a free hand to the executive to pass arbitrary orders violating such rights. The Supreme Court of India has repeatedly held that judicial review of executive action is the basic feature of the Constitution. The decisions in Minerva Mills vs Union of India (1980) and L. Chandra Kumar vs Union of India (1997) reiterated this fundamental principle. If the executive wishes to limit rights — in this case, censor or restrict speech — it must show that the test of reasonable restrictions is satisfied. This principle is the bedrock of judicial review.
•The ‘sealed cover’ practice inverses this position. The moment the executive utters ‘national security’, courts often permit them to inform the justification in a ‘sealed cover’. These ‘reasons’ are not disclosed to the party whose rights are clearly at stake. The court satisfies itself of the defence of the state and dismisses the petition. MediaOne, the channel that has been censored, is completely in the dark over the reasons for the ban. It was never heard nor its version ascertained.
Endorsed yet blocked
•The judgment creates a situation that endorses the breach of fundamental rights on the one hand, and blocks remedy for the victim through a court of law and a process known to law on the other hand. This is an emulation of the tenor in the judgment in ADM Jabalpur (1976). The majority said in this case that fundamental rights could be suspended during the Emergency, with no scope for assessment by the court. Unfortunately, the Kerala verdict revives the ghost of ADM Jabalpur.
•Consider what the judgments say. The Single Judge said: “From the files produced before the court, it is discernible that the committee of officers took note of the inputs given by the intelligence agencies....” which “are of serious nature”. These inputs remain unknown. In the judgment of March 2, the Division Bench said: “It is true that the nature, impact, gravity and depth of the issue is not discernible from the files.” Still, the Bench chose to dismiss the appeals by bluntly saying that “there are clear and significant indications impacting the public order and security of the state”. All that is necessary to ban a news broadcaster are these ‘indications’ — which are never revealed to the broadcaster!
•No recent trend in judicial review has been as opposed to the principles of natural justice as that of the ‘sealed cover’. At the High Court, national security came to mean absolute impunity for the Centre. The central government virtually wanted the constitutional court to abstain from its primary function of review of the legality of executive action, and the court did exactly that. The judgment, which accepted this proposition, has the potential to mark the beginning of the end of a free press in a working democracy.
•When an action is alleged to have curtailed fundamental rights, the court is bound to examine the legality of the action through the lens of proportionality.
•In Modern Dental College vs State of Madhya Pradesh (2016), the top court adopted the proportionality test proposed by Aharon Barak, the former Chief Justice, Supreme Court of Israel, “a limitation of a constitutional right will be constitutionally permissible if: (i) it is designated for a proper purpose; (ii) the measures undertaken to effectuate such a limitation are rationally connected to the fulfillment of that purpose; (iii) the measures undertaken are necessary in that there are no alternative measures that may similarly achieve that same purpose with a lesser degree of limitation; and finally (iv) there needs to be a proper relation (‘proportionality stricto sensu’ or ‘balancing’) between the importance of achieving the proper purpose and the social importance of preventing the limitation on the constitutional right”. This was reiterated in K.S. Puttaswamy vs Union of India (2017). But this entire process of proportionality analysis is sidelined by the High Court.
For the top court to resolve
•Yet, the MediaOne case might create a real problem area that needs resolution by the Supreme Court. The High Court relied on the Supreme Court judgment in Digi Cable Network vs Union of India (2019). In Digi Cable, the Court reiterated the principle in an earlier judgment called Ex-Armymen’s Protection Services Private Ltd. (2014). The High Court reiterated what the top court said in Digi Cable: “In a situation of national security, a party cannot insist for the strict observance of the principles of natural justice”.
•There are two issues here. First, there was no examination of the national security plea based on the proportionality analysis, well established in our recent jurisprudence. Second, when a three-judge Bench in the Pegasus case ( Manohar Lal Sharma vs Union of India, 2021) has categorically held that the state does not get a “free pass every time the spectre of ‘national security’ is raised” and that “national security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning”. In view of this subsequent law laid down by a larger Bench, the High Court could not have mechanically resorted to the earlier approach in Digi Cable. Therefore, the principle, if any in both Digi Cable and Ex-Armymen, is arguably implicitly overruled in the Pegasus judgment. No court can read and apply a previous judgment as if it is a statute. But this is what the Kerala High Court did, while relying on Digi Cable.
A deterioration
•Today, we have a state that has succeeded in suppressing the voice of the dissenter, illegally and clandestinely. The current case will have an impact on any kind of dissent against an aggrandising regime, including political movements and academic criticism. A court that sits as a mute spectator to any executive action is a crude manifestation of democratic decay.
•Justice Jackson of the U.S. Supreme Court famously said: “Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard” ( West Virginia State Board of Education vs Barnette et. al, 1943). Constitutional courts are expected to eradicate such possibilities instead of perpetuating them.
📰 International Women’s Day | Working women too, with a dream of good childcare
More than 95% of India’s working women are informal workers, but they lack affordable services and maternity benefits
•The theme for International Women’s Day 2022 (March 8) is ‘gender equality today for a sustainable tomorrow’. However, gender equality is still a far cry for India’s female informal workforce. According to a 2018 study by the International Labour Organization (ILO), more than 95% of India’s working women are informal workers who work in labour-intensive, low-paying, highly precarious jobs/conditions, and with no social protection.
•A World Health Organization bulletin says that “women’s informal work is central to the feminisation of poverty”. However, we know little about how informal work affects maternal, neonatal, and child health, with the lack of childcare solutions being a serious concern. India is ahead of many advanced nations in instituting maternal health benefits, and its statutory maternity leave is among the global top three. The Maternity Benefit (Amendment) Act, 2017 more than doubled the duration of paid maternity leave for women employees to 26 weeks, proposing an option to work from home after this period, on mutual agreement with the employer, and made crèche facilities mandatory for establishments employing 50 or more women.
•However, these benefits are mostly enjoyed by formal sector women workers, constituting less than 5% of the women workforce. Another ILO study, in 2016, pointed out that a lack of access to quality childcare services forces women workers to leave the labour force, ceasing their earning, and exposing themselves to discriminatory employment practices, and to significant economic and health risks.
•India has paid less attention to address concerns around childcare support for informal women workers. Here are three ways to enable women to take up more productive paid work and improve their maternal and child health outcomes: extending the Integrated Child Development Services (ICDS) infrastructure; revitalising national crèche schemes, and improving maternity benefits.
Expansion of the ICDS
•The primary mandate of the Anganwadi centres under the ICDS is to provide maternal and child nutritional security, a clean and safe environment, and early childhood education, thus facilitating the ability of women to re-enter work post-childbirth. However, it has two major limitations. First, it does not cater to children under the age of three. Second, it functions only for a few hours a day, making it inconvenient to send and pick up children during work hours or avail take-home rations provided to pregnant women and households with younger children. Early intake of children in the Anganwadi centres can have dual benefits — allow mothers time for paid work and converge with the National Education Policy 2020 mandate that acknowledges quality Early Childhood Care and Education for children in the 0-6 age group. Extending the hours of Anganwadi centres can also address time constraints for working women. However, these expansions would also require expanding the care worker infrastructure, especially the Anganwadi worker and helper, who are already overburdened and underpaid.
Revitalise the crèche scheme
•The National Creche Scheme lays out specific provisions for working women but has suffered diminished government funding. An inclusive approach is required to diversify worksite and working hours and overcome implementation gaps. Revitalising the provisions of the scheme and adding a network of public and workplace crèches can be hugely beneficial. Public crèches can be operated at worksite clusters such as near industrial areas, markets, dense low-income residential areas, and labour nakas. Crèches closer to the workplace allow for timely breastfeeding and attending to emergencies. This model has been tested successfully by Self-Employed Women’s Association (SEWA) Sangini in some Indian cities. Where work occurs at a single site, such as a garment factory or construction site, worksite crèches will help; as seen in the construction site crèches run by Aajeevika Bureau (Ahmedabad) and Mobile Creches (Delhi). The construction sector is a case in point where the Building and Other Construction Workers Welfare Board mandates the running of crèches. The funds collected under the construction cess can be earmarked for running crèches at construction sites.
Some benefits
•Childbirth and childcare are financially stressful and compel many women to return to work within a few weeks of childbirth. Women in informal employment did not have maternity benefits until the National Food Security Act (NFSA), 2013, entitled pregnant and lactating mothers to a cash transfer of at least ₹6,000. However, the scheme notified for this purpose, the Pradhan Mantri Matru Vandana Yojana (PMMVY) limits the benefit to the first birth and has also reduced the amount to ₹5,000.
•States such as Tamil Nadu (Dr. Muthulakshmi Maternity Benefit Scheme), Rajasthan (Indira Gandhi Maternity Nutrition Scheme), Odisha (Mamta Scheme), Gujarat (Kasturba Poshan Sahay Yojana), and Chhattisgarh (Kaushalya Maternity Scheme) try to bridge the coverage gap, incentivising health-seeking behaviours. Of these, Tamil Nadu has an expansive and ambitious scheme offering ₹18,000 in cash and kind for two live births. Right to Food ( demands that universal and unconditional maternity entitlements of at least six months of the minimum wages for pregnant women and lactating mothers be implemented.
•The cash transfers under the PMMVY are insufficient, by both evaluations on the ground and the NFSA benchmark, as well as for nutrition needs and wage compensation. The compensation, which is lower than the minimum wages, is inadequate in postponing the mother’s return to work for the first six months. The amount also does not match an inflation-adjusted NFSA benchmark (nearly ₹9,400 in 2022).
•The lack of affordable and quality childcare services and maternity benefits increase the burden on informal women workers, aggravating gender and class inequalities. Presently, it is up to individuals and families to find a resolution to this tension of a worker-mother, putting women, girls, and children at a gross disadvantage. It is imperative that we consider affordable and quality childcare infrastructure as an employment-linked benefit and as a public good.
📰 International Women’s Day | Reaping the potential of the female workforce
Fresh employment opportunities have opened up for women in the gig, platform and care economy
•The large-scale adoption of digital and smartphone technologies and the increased need for personal care for the sick, elderly and children have opened up employment opportunities, especially for women. Why is that? The gig and platform economy offers flexibility and freelancing jobs. Those engaged in providing health and personal care have always been an integral part of the economy and have been on the front lines during the pandemic. Women form a very large proportion of this segment. The COVID-19 pandemic has further augmented the need for health and personal care, thus opening up more employment opportunities.
•What we need are concerted efforts and targeted strategies along with a change in attitudes, for women to take advantage of these new labour market opportunities. Access to higher education, skill training and digital technology are the three great enablers in helping India reap the potential of its female labour force.
India’s demographic dividend
•The participation of women in the workforce in India has remained low. In 2019, 21% of women were either working or looking for work, compared to 32% in 2005. India’s female labour force participation (FLFP) rate is the lowest among the BRICS countries and is also lower than some of its neighbours in South Asia such as Sri Lanka and Bangladesh. Increasing FLFP in India is crucial not just to achieve economic growth but also to promote inclusive growth and achieve the Sustainable Development Goals.
•India's population is among the youngest in the world. In 2020, the median age in India was about 29. Women and girls form a significant part of India’s demographic dividend. However, their inability to stay employed or, at times, take up employment due to economic and social factors at both the household and macro level has been a challenge for the labour market and economy. Countries like China, Singapore, Taiwan and South Korean are examples of how the demographic dividend can be reaped to achieve fast-paced economic growth.
Sectors with potential
•According to United Nations Women estimates, women make up a significant proportion of all healthcare workers and more than 80% of nurses and midwives. Women also form a significant proportion of the workforce in the education sector in India, especially in primary education and early childhood care. The care service sector, which includes health, education, and other personal care services, is more labour-intensive than sectors such as manufacturing, construction or other service sectors where the employment potential gets affected due to factors such as the introduction of tools, technology and increased mechanisation.
•Not only would greater investment in better health and care facilities improve the well-being of India’s people and hence their economic productivity, global evidence documented by the International Labour Organization (ILO) also suggests that it will lead to more employment opportunities for women. The ILO Report on Care work and Care Jobs for the Future of Decent Work: Key findings in Asia and the Pacific (2018) indicated that increasing investment in the care economy has the potential to generate a total of 69 million jobs in India by 2030. Investments in the health and care sector can go a long way in boosting India’s economy. Investments to set up child care services through collaborative models in office complexes and with industry associations in industrial corridors are important. Such initiatives can significantly support women in managing their care responsibilities, enabling them to devote sufficient time to paid employment.
•The gig economy comprises platforms that offer innovative solutions in different sectors such as transport, retail, personal and home care. India has emerged as one of the largest countries for gig and platform work. Digital platforms in India have thrived as a result of the increasing use of smartphones, the low cost of Internet and other initiatives under the Digital India campaign. The gig economy has demonstrated resilience even during the pandemic, with platform workers playing an indispensable role in urban India. Platform jobs have low-entry barriers and cater to the needs and aspirations of workers with varying degrees of skill sets. Studies indicate that women appreciate the income-generating potential of the gig economy. The ILO Global Survey (2021) noted that working from home or job flexibility are particularly important for women.
•Digital platforms that allow remote work are, in principle, accessible to men and women in any location. However, access to the Internet and smartphones can be a restricting factor. Data suggest that in India, women’s access to the Internet and to smartphones is much lower than that of men. According to the GSMA Mobile Gender Gap Report, only 25% of women owned smartphones compared to 41% of men in India in 2020. Closing this gap can be significant in giving boosting women’s employment in the gig and platform sector.
Policies and measures
•Women and girls’ access to higher education (beyond secondary education) and skill training is critical to improve their employment outcomes. Women and their families need to be motivated to take up higher education through incentives such as scholarships as well as transport and hostel facilities.
•Enabling women to acquire both physical assets (through credit facilities, revolving funds, etc.) and employable skills is crucial for them to take up employment opportunities in new and emerging sectors. Skill training of women in job roles aligned to the gig, platform and care sectors as well as other emerging sectors such as those covered under the Production-Linked Incentive Scheme needs to be encouraged.
•Online skill training can also be beneficial to women who face constraints in physical mobility due to social norms, domestic responsibilities or concerns over safety. We need training programmes with well-defined outcomes for women’s digital access and to mentor them to take up employment opportunities in emerging sectors.
•Under cooperative federalism, for India to reap the potential of its FLFP, constant dialogue and engagement with the States on action strategies will be required. Inter-ministerial coordination is required. Governments, skill training partners, private firms, corporates and industry associations as well as civil society organisations all need to come together to create enabling measures for women. Policies supporting the expansion of care services along with gig and platform sectors can serve as an effective strategy to strengthen aggregate demand, while simultaneously improving long-term economic growth, gender equality and societal well-being.
