Right To Dignity: On ASHA and Anganwadi Workers Protests

ASHA and Anganwadi workers are protesting in West Bengal for recognition as formal employees rather than being treated as “volunteers/activists,” along with demands for a minimum monthly wage and permanent service status.

Core Demands and Economic Status

• The Wage Gap: Workers are protesting for a fixed monthly wage of at least ₹15,000 to meet basic survival needs amid inflation.
• Honorarium vs. Salary: Currently, they receive an honorarium, which is legally viewed as a “token of appreciation” rather than a “salary”. 
  • Unlike a salary, an honorarium is not a legal right and does not qualify them for benefits under labour laws.
• Volunteers vs. Employees: The government refuses to recognise them as permanent employees, which allows the state to avoid providing pensions and minimum wages.

About the Roles (ASHA and Anganwadi)

• Anganwadi Workers: Established in 1975 under the Integrated Child Development Service (ICDS). Their primary role is ensuring the nutrition and pre-school education of children aged 0–6.
• ASHA Workers: Standing for Accredited Social Health Activist, this role was created under the National Rural Health Mission (NRHM) around 2005.
•  The “Bridge” Role: ASHA workers act as a vital link between hospitals and the community, facilitating awareness and vaccination. There is typically one ASHA worker for every 1,000 people, serving as the “backbone” of rural health and nutrition.

Historical and Legal Background

• Intentional Classification: Since 1975, the government has referred to them as “social workers” or “activists” to minimise fiscal expenditure on labour rights.
• The 1989 Turning Point: Due to an increasing workload, workers formed a National Union in 1989 to demand regularisation.
• Scheme Workers: Post-1991 reforms, the government categorised them as “scheme workers,” expanding social schemes without creating permanent jobs.
• Judicial Rulings: In the State of Karnataka vs Ameerbi (1996), a tribunal ruled that Anganwadi workers do not hold “civil posts” and are therefore not government employees.
• The 2004 Irony: While the Supreme Court expanded the Right to Food (Article 21) in 2004, it increased the responsibilities of Anganwadi workers without granting them corresponding legal rights.

Systemic and Fiscal Challenges

• Ignored Recommendations: The 45th Labour Conference recommended that these workers be regularised and provided with minimum wages, pensions, and gratuity, but successive governments ignored these recommendations.
• Budgetary Cuts: In 2015, the NDA government reduced the ICDS budget, and in 2018, the Centre froze its financial contribution, forcing workers to absorb the “fiscal shock” of inflation.
• Fiscal Federalism: While states hire these workers, they often lack the resources to pay them well. Wealthy states like Kerala and Telangana provide extra funds, while poorer states like Bihar cannot.
• Constitutional Violations: This disparity results in “different wages for the same work,” violating Articles 14 (Right to Equality) and 39D (Equal pay for equal work).
• Comparison to Gig Workers: ASHA/Anganwadi workers can be compared to gig workers (e.g., Uber or Zomato), who are given titles like “executives” to mask a lack of job security.

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Way Forward

• Legal Reclassification: The government must stop calling them “volunteers” and legally reclassify them as employees to ensure they receive labour law protections.
• Guaranteed Benefits: They should be provided with guaranteed minimum wages and benefits.
• Centre-State Cooperation: The Central government must increase its budgetary support to states, as states have limited resources to cover these social welfare costs alone.
• Professionalisation of Cadre: The Governments should arrange for structured training, promotion pathways and grievance redress to stabilise service delivery.

Conclusion

India cannot build human development outcomes on structurally insecure labour. Legal recognition and social security are essential to sustain frontline service delivery and constitutional justice

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