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| One year
of NREGA – Are Dalits Faring Any Better Today? |
| By Anindo
Banerjee & Ashok Bharati |
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The
National Rural Employment Guarantee Act (NREGA, hereafter)
that came into effect in February 2006 has been viewed
as one of the flagship interventions of Government of
India aimed at poverty reduction. During the days following
its launch, it was received with an overwhelming sense
of optimism, on account of its stated commitment to
provide employment on demand and to provide compensation
for any lapses in timely delivery of employment. Most
significantly, the scheme was launched with a promised
outlay of Rs. 16,419 crore for the year 2006-2007 alone
and offered a golden opportunity to pro-actively reach
out to poor communities affected by burgeoning agrarian
crises, devastating disasters and an acute dearth of
gainful livelihoods.
Given the strikingly high incidence of poverty in most
habitations of the dalits, the touchstone of NREGA’s
success definitely lies in its ability to make a meaningful
difference to the lives of millions of dalits living
in difficult circumstances.
This article seeks to examine key issues relating to
NREGA’s reach and performance in relation to the
dalits and early trends of its impact.
| What Does
the NREGA Promise? |
- 100 days of adult employment
for every rural households; 1/3rd of workers
to be women
- Registration of work through
the Gram Panchayat / Block Program Officer
& Provision of ‘Job Card’
- Allocation of work within 15
days from the date of application by the Gram
Panchayat / Block Program Officer
- Payment of the statutory minimum
wage applicable to agricultural workers in
the State
- Payment of unemployment allowance
if work is not provided within 15 days of
application
- Creation of durable assets
& livelihood resource base of the poor
through works
§ Work done by contractors is not permissible
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The Paradox of Excellence
According to a report of the Ministry of Rural Development
(ref. Table 1), nearly one-fourth of the 701 million
employment days generated by the National Rural Employment
Guarantee Scheme in India up to March 16, 2007 were
availed by scheduled castes.
Punjab, Haryana, Uttar Pradesh and Tamil Nadu accounted
for the highest coverage of scheduled castes under NREGA,
delivering between 55-70% of all jobs to them. On the
other hand, the coverage of scheduled castes in states
like Gujarat, Rajasthan and Tripura did not even match
up to the existing proportion of scheduled castes in
the population of the state.
Similarly, the inclusion of scheduled castes in states
like Madhya Pradesh and Chhattisgarh, which ranked higher
than most states in terms of the number of employment-days
generated, did not significantly exceed the actual SC
composition in the state’s population (with provision
of only 16.76% and 12.85% employment days to dalits
respectively).
| 1) |
Associated with Praxis
– Institute for Participatory Practices
and Wada Na Todo Abhiyan |
| 2) |
Ashok Bharati is the Founder Convenor
of World Dignity Forum, Co-ordinator of NACDOR
& associated with Wada na Todo Abhiyan |
| 3) |
National Conference of Dalit Organizations |
In view of the fact the scheme doesn’t differentiate
between the poor and the non-poor, or between dalits
and non-dalits in terms of eligibility for employment,
the relative inclusion of dalits in delivery of
employment can be taken as a good indicator of a
state’s commitment to equitable development.
Given that the scheme needs to be extended with
greater urgency to communities known to suffer from
greater degrees of poverty, treatment of dalits
at par with other population sub-groups points at
the lack of a good understanding of poverty and
the lack of commitment to use the scheme as an opportunity
to reach out pro-actively to the poorest population
sub-groups.
This also points at the need
for extending reservations to dalits in identification
of beneficiaries, which is a constitutional right
of Scheduled Castes and Scheduled Tribes. The NREGA
in its current form has no such provision.
 |
Entitlements Under NREGA
– Myriad Ways Of Denial
During the National Tribunal on NREGA organized
at the India Social Forum by Wada N Todo Abhiyan
and PACS in November 2006, hundreds of dalit labourers
recounted numerous instances of denial of their
entitlements under NREGA.
For instance, Anita Devi, a landless Musahar woman
from East Champaran district of Bihar mentioned
how job cards were issued in her village only after
people organized a dharna in September 2006. However,
even after officially applying for work in September,
she had not been given any work till the second
week of November, making a mockery of significant
provisions like ‘unemployment allowance’,
which makes any labourer eligible for receiving
unemployment allowance on a daily basis, if not
provided employment within 15 days of demand. As
a matter of fact, not a single labourer present
at the NREGA Tribunal could recall any payment of
unemployment allowance, to anyone for even a day.
Various instances of irregularities in provision
of employment opportunities were brought to the
fore by dalit labourers at the Tribunal held at
the India Social Forum.
Common grievances included (i) issue of extremely
limited number of job cards, (ii) unreasonable delays
in issue of cards, (iii) job cards lacking necessary
records, e.g. dates of employment provision, wages
paid etc., (iv) demand of bribe for issuing cards/photographs,
(v) excessive delays in employment provision despite
demands being made long before, (vi) underpayment
of wages, (vii) underreporting of number of days
of employment provided and payment of less wages
accordingly and (viii) non-payment of unemployment
allowance. Significantly, none of the panchayats
represented at the tribunal could recall distribution
of more than fifty job cards. In many panchayats
of the country, it is common practice for supervisors
and engineers to deny minimum wages payable to labourers
by quoting deficiencies in the quantum of work performed
by the latter, which affects labourers from the
dalit communities the most on account of their relatively
limited ownership of land and other productive assets.
Limited Reach Vis-À-Vis
Hot Spots Of Hunger And Disasters
Since the launch of NREGA, several appalling cases
of starvation deaths have occurred in the country,
mostly involving dalits as victims. In some cases,
as in the case of Sarupiya Devi of Darbhanga district,
Bihar, who worked for 40 days under the scheme before
dying of hunger, the fatal delay in payment of wages
points at the typical apathy of administrators of
the scheme towards marginalized people. Unfortunately,
Sarupiya Devi’s death, publicly discussed
and condemned during a jan sunvai organized by the
All India Agricultural Labour Association in August
2006 at New Delhi while the Monsoon session of parliament
was underway, did not create any sense of urgency
towards expediting the delivery of the scheme, and
till date, NREGA remains a virtual non-starter across
a large number of panchayats in Bihar. Similar instances
of hunger deaths of people who could never avail
of employment under NREGA despite possessing valid
job cards were also reported from some other places,
e.g. Rohtas. The exclusion of a large number of
dalit communities in disaster-prone regions of several
states, e.g. Jharkhand, Orissa and Bihar, where
the scheme hasn’t progressed beyond tokenistic
issue of job cards to a handful of rural households,
is appalling.
Misappropriations by Non-Dalits
In Heterogeneous Communities
A critical area of concern relating to NREGA’
reach vis-à-vis communities of the dalits
is the high likelihood of misappropriation of employment
opportunities by non-dalits in communities where
dalits co-exist along with socially dominant castes.
For instance, in villages like Badanpura in Karauli
district of Rajasthan, people hailing from dominant
castes are known to forcefully claim a share in
the wages of dalit labourers earned from supply
of labour under NREGA, by pressurizing the sarpanch.
As a result, not a single labourer from the dalit
community has ever been able to claim their daily
entitlement of Rs. 73/- payable as minimum wages
in lieu of unskilled labour.
Instances of Assertion and
Actualization Of Entitlements
In several places, dalit communities and their organizations
had to forcefully assert themselves against instances
of denial of their entitlements under NREGA. One
of the significant acts of assertion of dalit labourers
was seen in Nagphana (Bolangir district, Orissa)
where hundreds of labourers went on a mass-strike
in protest against non-payment of wages as per the
standard piece-rate amounts specified under the
provisions of the Act. The labourers insisted on
payments on a pro-rata basis for every additional
quantum of work performed in excess of the standard
specifications and did not turn up for work till
the contractors agreed to pay them their due wages.
Subsequently, the labourers also set up a committee
of their own in the village, which keeps copies
of all relevant documents and muster rolls relating
to employment activities and other schemes in the
village, including works implemented directly by
the panchayat. Similar acts of protest were organized
at Villupuram (Tamil Nadu) where dalit labourers
refused to accept wages falling short of the minimum
wages prescribed by the state government.
During 2006, significant campaigns were undertaken
under the banner of NACDOR – a national level
confederation of dalit organizations – in
several states of India, with the objectives of
bringing about mass awareness about NREGA and exposing
glaring irregularities. NACDOR’s initiatives
to this effect included Rozgar Adhikar Yatras, Public
Tribunals and direct dialogues with government functionaries.
| Rozgar Adhikar
Yatra, Madhya Pradesh (16 – 31 October
2006) |
A
Rozgar Adhikar Yatra to promote awareness of
and participation of in the National Rural Employment
Guarantee Act in Madhya Pradesh was organized
across 18 districts of MP. The Yatra brought
to light the key difficulties being faced by
people, particularly Dalits, in accessing the
NREGA.
The administrative process for obtaining Job
Cards has been very slow and payments of wages
have been delayed. The creation of ecologically
sustainable infrastructure and the improvement
of the land of marginalized and Dalit farmers
have not been prioritized as per the provisions
of the Act. Workers have been deprived of relevant
equipments and crèche facilities for
the children, and contractors are being permitted
to work in a clear-cut violation of the provisions
of NREGA.
The Rozgar Adhikar Yatra concluded with a public
awareness meeting and a massive rally to the
Madhya Pradesh Legislative Assembly. A delegation
met with Chief Minister and delivered a memorandum
of suggestions for effective implementation
of NREGA. This included recommendations for
the training of Panchayat representatives in
implementing the NREGA, training of the elected
Dalit & Adivasi representatives, and the
provision of compensation allowance in absence
of work allotments.
|
| Source:
National Conference of Dalit Organizations (NACDOR) |
Salient Programme Implications
Dalits, bearing a greater susceptibility to exclusion
due to social reasons, need to be purposively targeted
and reporting of their coverage under the scheme
must be made mandatory for all panchayats known
to be inhabited by dalit communities. Similarly,
known hot spots of hunger, natural disasters and
epidemics, mostly coincident with habitations of
dalit communities, must be purposively targeted
under the scheme.
Only a clearly articulated policy of affirmative
action favouring pro-active inclusion of dalits
can make a scheme like NREGA effectively contribute
to poverty reduction. The scheme needs to be envisaged
as an opportunity to address the disparities between
dalits and non-dalits, by according preference to
dalit labourers, locating work-sites closer to dalit
habitations and deputing a greater number of administrators/monitors
hailing from dalit communities.
| Outcomes of the
National Tribunal on NREGA (Delhi, November
2006) |
On
10 November 2006, more than 1000 people representing
experiences of NREGA across 14 states gathered
at the capital, Delhi to contribute to an evaluation
of the program from the perspective of the most
marginalized communities. Depositions extended
across six hours, and culminated with the presentation
of key findings before a Jury comprising of
K. R. Venugopal - Former IAS officer, Former
Secretary to the Prime Minister and Special
Rapporteur, National Human Rights Commission,
and Annie Raja – General Secretary, National
Federation of Indian Women (NFIW).
The Jury recognized that the implementation
of the NREGA is among the most significant steps
taken by the United Progressive Alliance towards
the fulfillment of the promises made to the
people through the National Common Minimum Program.
There is also a notable level of expectation,
energy and efforts among civil society groups
across states to ensure that the NREGA is successfully
implemented across the country..
The Jury noted that there were reports of exclusion
from almost every section of the marginalized
and across states, pointing to the urgent need
for concerted action between government agencies
and civil society organizations to ensure that
the program reaches those who need it the most
– the poorest of the poor. The government
must purposively seek to include scheduled castes,
women and other marginalized sections of society
in the NREGA. The
inherent exclusion of women from the equal opportunity
for employment – by virtue of the provision
for only one member of the household to gain
work – was also adjudged as one of the
weakest links of the program.
The stipulated wage provided through the program
– an average of Rs. 60 per day –
is judged to be grossly inadequate, and a wage
revision to the amount of Rs. 120 – 130
is recommended to ensure that a family is able
to meet its basic entitlements of food, clothing,
housing, education and health.
The Jury concluded that the NREGA can only succeed
with a combination of strong political will
and able administration. The role of civil society
organizations towards opinion building and advocacy
needs to be sustained and strengthened towards
this objective. |
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