Scheme-based workers, the struggle for an identity

In January 2025, Accredited Social Health Activists (ASHAs) in Bengaluru staged a protest demanding fixed wages and formal recognition as government workers. This brings renewed attention to the long-standing demands of Scheme-Based Workers (SBWs) such as Anganwadi Workers (AWWs), Anganwadi Helpers (AWHs), Mid-Day Meal Workers (MDMWs), and ASHAs for worker status, fair wages, and social security.

Role and Scale of Scheme-Based Workers (SBWs)

• Magnitude of Workforce: Over 60 million workers are employed under various central schemes like ICDS (1975), NRHM, and Mid-Day Meal Scheme, with major groups being AWWs (13.5 lakh), AWHs (9.2 lakh), ASHAs (10.5 lakh), and MDMWs (25.1 lakh).
• Crucial Public Role: These workers serve as the backbone of the welfare state, responsible for childcare, nutrition, early education, maternal health, and school enrolment across India.
• Recognition but No Rights: Despite global and national praise (including by the Prime Minister and WHO), they are denied basic labour rights, minimum wages, and social security.

Struggles and Mobilisation Efforts:

• Methods of Protest: SBWs have pursued strikes, legal challenges, and social dialogue to demand formal worker identity and remuneration parity.
• Trade Union Support: Central trade unions like AITUC, BMS, and CITU have mobilised SBWs, resulting in large-scale agitations like the 13-day Anganwadi strike in Kerala (March 2025).
• State Suppression: States like Maharashtra invoked Essential Services Maintenance Act (2017) to curb Anganwadi protests, ironically recognizing their work as “essential” without conferring corresponding rights.

Legal and Policy Developments:

• Judicial Interventions: In Ameerbi (2006), the SC denied Anganwadis “worker” status, but later relief came in Maniben (2022) where SC granted them gratuity rights under the Payment of Gratuity Act, 1972.
• 2024 Gujarat HC Ruling: In Adarsh Gujarat Anganwadi Union vs State of Gujarat, the Court directed regularisation of AWWs/AWHs as Class III/IV employees and mandated minimum wages.
• Policy Paralysis: The 45th Indian Labour Conference unanimously recommended treating SBWs as “workers” with full labour benefits, but the Centre has delayed action, citing financial constraints and potential ICDS privatisation.

Practice Question:

Q. Despite being the backbone of India’s social welfare delivery, Scheme-Based Workers (SBWs) continue to be denied formal recognition and labour rights. Critically examine the role of the judiciary, trade unions, and the State in shaping the labour identity and rights of SBWs. Suggest a policy framework for their integration into the formal workforce.