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NREGS implementation: CSOs urged to use legal remedies


October 25, 2008

Can one initiate action against officials when a district has been allocated crores of rupees under the NREGS but no works have been sanctioned despite persistent demands by the people? How does one go about seeking justice for workers who do not get their job cards, or those who are not paid in time keeping in mind that the NREGS is not just a scheme but a piece of legislation that stipulates it is legally incumbent to provide work or an unemployment allowance? Can one explore more fully the punitive aspects of the law in cases of denial?

These were some of the key issues that emerged at the Bundelkhand NREGS cluster-level workshop held in Lalitpur, Uttar Pradesh, on October 15, 2008, under the third phase of the PACS Programme's NREGS Campaign 2008.

Organised by Bundelkhand Seva Sansthan, the workshop was attended by CSO representatives from all seven districts of Uttar Pradesh Bundelkhand: Banda, Chitrakoot, Hamirpur, Mahoba, Jalaun, Jhansi and Lalitpur.

Also present were District Magistrate Pawan Kumar Gupta, Kehar Singh, legal activist and president of the Lalitpur Bar Association and Bhupendra Jain, editor of Dainik Janpriya.

In his introductory speech, consultant Sandeep Majhi said that the aim of constituting such a panel was to involve the media, the academic world, the law, and civil society for better interaction with rural society. And thereby create a model.

Outlining the progress of the PACS Programme's NREGS Campaign 2008 in Uttar Pradesh Bundelkhand, Majhi explained that 36 CSOs worked in 22 blocks of all seven districts of the region, to create awareness and ensure proper implementation of the NREGS.

In the process, several important issues had cropped up; CSOs from each district were told to systematically build up three case studies with strong evidence and testimonies. From the 21 cases prepared, seven were presented at the Lalitpur workshop.

Two other such cluster workshops were held in Uttar Pradesh, one in Maharajganj for Purvanchal and one in Barabanki for central Uttar Pradesh.

The Lalitpur workshop also served as a kind of public hearing, or jan sunwai, with some CSOs bringing along workers who complained of difficulties in accessing NREGS entitlements.

In fact, it was after the presentation of a case study in which workers of Kuchaudo village in Deogarh gram panchayat (Birdha block, Lalitpur district) testified how they had had to wage a protracted struggle to get their payments, that the key issue of how to access unemployment allowance was raised.

The CSO concerned, Sai Jyoti, along with the affected workers outlined the various stages of the struggle.

Some workers were given work only for 15 days; others got work for 60 days. Entries were accordingly made in the job cards. But when the time for payment came the workers were given just Rs 300 each and told that was all they were entitled to.

When the CSO heard about this, it discussed the matter with the workers who said they were prepared to take the matter up with the district magistrate. They came to Lalitpur to do just that. The district magistrate ordered the block development officer to take the necessary action and issued instructions. But instead of making the payments, district panchayat officials threatened the villagers saying they would file police cases against them. The workers then decided they would stage a dharna.

Around 200 people were mobilised, along with the affected families. They staged an hour-long dharna outside Lalitpur's Vikas Bhavan. No officials were allowed entry. After about an hour the workers were told to call off the dharna as the zilla panchayat officials had been given strict orders to make payments within two or three days. When this failed to happen, even after six days, the CSO and the workers approached the newly-appointed commissioner of rural development. It was only after this state-level intervention that the workers received their dues; a total sum of Rs 117,900 was disbursed.

The representative of the CSO also pointed out that in neighbouring Sehpura village, Birdha block, there were 112 Sahariya families that had not been given NREGS work, and that some families had been forced to migrate to Madhya Pradesh. This, despite the fact that the pradhan publicly admitted that there was over Rs 4 lakh available with the panchayat for NREGS work.

The district magistrate, while promising that action would be taken against erring officials, said that the problem arose partly because pradhans were generally illiterate and uninformed.

The district magistrate left soon after making his speech, but both Kehar Singh and Bhupendra Jain participated actively in the debate that followed and the questions raised by the Sai Jyoti representative on how to take effective follow-up action and enforce the onus of responsibility on the pradhan, block development officer or zilla officials.

Both Kehar Singh and Bhupendra Jain pledged their help and involvement in not just the NREGS Campaign but other development issues affecting Bundelkhand.

Singh pointed out that implementation of the NREGS was weak because of official indifference; also because they were not properly conversant with provisions under the NREGA.

He added that, in such cases, workers could resort to either agitations like gheraoes or dharnas such as the one outlined above, or explore judicial angles. There are a number of provisions in the law where officials can be charged for cheating workers.

He also pointed out that a strong demand for unemployment allowance in cases of wage denial could put the pressure on apathetic bureaucrats and force them to implement the Act. He felt it was worth exploring this route as a means of redressal.

In the post-lunch session it was agreed that this issue could be more thoroughly explored at the state-level workshop, since the Uttar Pradesh government has categorically stated it cannot provide unemployment allowance

Bhupendra Jain suggested that public litigation and punitive measures taken against erring officials could be the basis for generating media awareness: if a gram sevak or official is jailed or if there is an agitation for payment, it should be brought to the attention of the media.

Another important suggestion made at the workshop was that the panchayat secretary and gram rozgar sevak should be directed to receive complaints or follow-up procedures at a specific place on a specific day so that responsibility could be fixed.

During the post-lunch session, participants looked in detail at some of the difficulties faced by workers, including the following:

  • In some cases, job cards have been issued to those with government jobs and those who are economically well off and own tractors, while people living below the poverty line have been denied cards. In some instances, both husband and wife have been issued a job card each. Interestingly, the logic behind seeking a job card by those who were economically better placed was that it could come in useful some day.
  • In several instances, the pradhan refused to give families their job cards; instead, they were kept in his custody.
  • At many work sites there were no facilities for providing water or looking after young children.

The largest number of complaints related to payments and the muster rolls. CSOs complained that despite repeated attempts to be shown the muster rolls, the block development officer and officials refused to comply with the request. It was suggested using the Right to Information (RTI) Act to access them.


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