Answer

Introduction

ASHA (Accredited Social Health Activists) and Anganwadi workers are the backbone of India’s healthcare and nutrition delivery. However, their classification as ‘volunteers’ or ‘scheme workers’ rather than regular employees  creates a legal barrier that denies them basic labor protections, essentially extracting formal work through an informal, gendered “care-service” framework.

Impact on Social Security

The ‘volunteer’ status allows the state to bypass the employer-employee social contract, leaving these workers in financial precarity.

• Exclusion from Benefits: They are generally ineligible for Provident Fund (EPF) and Employee State Insurance (ESIC) as they are not “workmen” under established laws.
• Paltry Honorariums: Instead of a fixed salary, they receive a “reward” or “honorarium” often as low as ₹2,000–₹4,000/month, far below any statutory minimum wage.
  Eg: Despite their critical role, the Centre’s core contribution to ASHA honorariums has remained largely frozen since 2018.
• Ad-hoc Welfare: They rely on temporary schemes like PMJJBY or PMSBY for insurance rather than institutionalized pension or retirement security.
  Eg: While ASHA workers were recently included under Ayushman Bharat (AB-PMJAY), this is a health cover, not a comprehensive social security net.

Impact on Labour Rights

The lack of formal recognition erodes their bargaining power and fundamental rights at the workplace.

• Denial of Minimum Wage: Classification as “honorary” workers means they are not covered by the Minimum Wages Act, 1948.
• Role Overload: “Volunteers” are often assigned non-core tasks like election duties or surveys without extra pay, leading to identity erosion.
  Eg: In 2026, Anganwadi workers protested against being pulled into Booth Level Officer (BLO) duties, arguing it compromises child safety.
• Restricted Collective Bargaining: While they form unions, their demands for regularization are often ignored because they do not hold “civil posts.”
  Eg: The 1996 Ameerbi Case (Supreme Court) ruled that Anganwadi workers are not government employees, a precedent still used to deny them parity.

Associated Challenges

• Gendered Undervaluation: Over 95% of these workers are women; treating their labor as “voluntary” reflects a patriarchal bias that care-work should be unpaid or low-paid.
• Fiscal Federalism Gaps: Disparities exist as wealthier states (like Kerala) top-up honorariums, while fiscally weak states (like Bihar) cannot, violating Article 14 (Equality).
• Insecure Career Path: There is a total absence of a promotion ladder or structured seniority-based increments.

Suggested Reforms

• Statutory Reclassification: Amend the Code on Social Security to recognize scheme workers as “statutory employees” with a right to minimum wages and pensions.
• Fixed Salary Model: Transition from a “performance-based incentive” system to a fixed monthly salary (recommended ₹15,000+) to ensure dignified living.
• Judicial Alignment: Implement the Maniben Maganbhai Bhariya (2022) ruling universally, ensuring all workers receive Gratuity and retirement benefits.
• Institutional Grievance Redressal: Establish a dedicated portal for workload management and sexual harassment (SHe-Box) specifically for frontline workers.
• Phased Regularization: Create a roadmap to absorb long-serving workers into permanent state health or education cadres.

Conclusion

India cannot build its human development goals on the backs of an exploited workforce. Recognizing ASHA and Anganwadi workers as formal employees is not just a fiscal decision but a moral and constitutional imperative under Article 47 (Public Health) and Article 21 (Right to Dignity). True welfare is achieved only when those who deliver it are themselves secure and respected.

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