"Expected To Render Important Services To Society, But Being Paid Very Meagre Remuneration" : Supreme Court On Plight Of Anganwadi Workers/Helpers

In its judgment holding that the Payment of Gratuity Act,1972, will apply to Anganwadi centres, the Supreme Court observed that though they are expected to render important services to the society, very meagre remuneration is being paid to Anganwadi workers and Anganwadi helpers.

It is high time that the Central Government and State Governments take serious note of the plight of AWWs and AWHs who are expected to render important services to the society, the court observed.

The court observed that the Anganwadi centres have been established to give effect to the obligations of the State defined under Article 47 of the Constitution and that the posts of AWWs and AWHs are statutory posts.

This is after the court noticed that, in the State of Gujarat, AWWs are being paid monthly remuneration of only Rs.7,800/­- and AWHs are being paid monthly remuneration of only Rs.3,950/­ and AWWs working in mini­ Anganwadi centres are being paid a sum of Rs.4,400/­ per month.

"The important tasks of providing food security to children in the age group of 6 months to 6 years, pregnant women as well as lactating mothers have been assigned to them. In addition, there is a duty to render pre­school education. For all this, they are being paid very meagre remuneration and paltry benefits under an insurance scheme of the Central Government. It is high time that the Central Government and State Governments take serious note of the plight of AWWs and AWHs who are expected to render such important services to the society.", Justice Abhay S. Oka observed.

It is full­ time employment

The court also refused to accept the contention that the job assigned to AWWs and AWHs is a part-­time job.

"AWWs and AWHs have been assigned all­ pervasive duties, which include identification of the beneficiaries, cooking nutritious food, serving healthy food to the beneficiaries, conducting preschool for the children of the age group of 3 to 6 years, and making frequent home visits for various reasons. Implementation of very important and innovative provisions relating to children, pregnant 28 women as well as lactating mothers under the 2013 Act has been entrusted to them. It is thus impossible to accept the contention that the job assigned to AWWs and AWHs is a part­ time job. The Government Resolution dated 25th November 2019, which prescribes duties of AWWs and AWHs, does not lay down that their job is a part t­ime job. Considering the nature of duties specified thereunder, it is full­ time employment.". Justice Oka said.

Played significant role in facilitating child nutrition

In his concurring opinion, Justice Ajay Rastogi noted that the Anganwadi workers/helpers, have played a significant role in facilitating child nutrition

"Anganwadi workers/helpers are the key facilitators of child nutrition initiatives at the ground level and involved in performing the work of dissemination, publicity, building awareness, and implementation of various schemes of the Government. No wonder, the strength of Anganwadi Centres has increased manifold by passage of time in the country.", the judge said.

They get only a so called paltry 'honorarium' (much lower than the minimum wages)

Justice Rastogi also noted that the AWWs and AWHs are not holders of civil posts due to which they are deprived of a regular salary and other benefits that are available to employees of the State. Instead of a salary, they get only a so called paltry 'honorarium' (much lower than the minimum wages) on the specious ground that they are part­ time voluntary workers, working only for about 4 hours a day, the judge said.

"The time has come when the Central Government/State Governments has to collectively consider as to whether looking to the nature of work and exponential increase in the Anganwadi centers and to ensure quality in the delivery of services and community participation and calling upon Anganwadi workers/helpers to perform multiple tasks ranging from delivery of vital services to the effective convergence of various sectoral services, the existing working conditions of Anganwadi workers/helpers coupled with lack of job security which albeit results in lack of motivation to  serve in disadvantaged areas with limited sensitivity towards the delivery of services to such underprivileged groups, still being the backbone of the scheme introduced by ICDS, time has come to find out modalities in providing better service conditions of the voiceless commensurate to the nature of job discharged by them.", the judge added.