Parliamentary Questions: Labour

CPI-ML Liberation MPs have continued to ask questions in the Parliament in the best interests of the working classes. In the ongoing Parliamentary session, a question was put to the Ministry of Labour by Com. Rajaram Singh regarding the Ayushman Bharat Scheme for Gig Workers. The question focused on census of gig workers, budgetary allocation, social security, etc. The response of the Government of India is given below. 

For the first time, the definition of ‘gig workers’ and ‘platform workers’ and provisions related to the same have been provided in the Code on Social Security, 2020 which has been enacted by the Parliament. 

The Code provides for framing of suitable social security measures for gig workers and platform workers on matters relating to life and disability cover, accident insurance, health and maternity benefits, old age protection, etc. 

As per an estimation by NITI Aayog vide its report titled “India`s Booming Gig and Platform Economy” published in June 2022, the number of gig workers and platform workers, in the country was 7.7 million in 2020-21, which is expected to rise to 23.5 million by 2029-30. 

Recognizing the contribution of gig workers of online platforms, the Union Government in its Budget announcement made on 1.2.2025, proposed to register them on e-Shram portal, arrange for their identity cards and provide health care under Ayushman Bharat- Pradhan Mantri Jan Aarogya Yojana (AB- PMJAY) health scheme. 

The scheme is proposed to be implemented through National Health Authority (NHA) by expanding the base of the existing AB-PMJAY scheme by including platform workers. The Ministry is working for its early implementation. 

The government’s response to Sudama Prasad MP on increase in working hours, regulatory measures, number of deaths while on duty, overtime work, etc. The response of the government is given below:

Labour being a subject under the Concurrent List of the Constitution of India, the enforcement of labour laws is done by the State Governments and the Central Government in their respective jurisdictions. While in the Central sphere, the enforcement is done through the inspecting officers of the Central Industrial Relations Machinery (CIRM), the compliance in the state sphere is ensured through the state's labour enforcement machinery.

As per the existing labour laws, working conditions including working hours and overtime etc. are regulated through the provisions of the Factories Act, 1948 and the Shops and Establishments Acts of the respective State Governments. Most of the establishments are governed by the Shops and Establishments Act, for which the appropriate government is the state government. Data about the number of deaths due to overtime work is not maintained centrally.

The government’s response to the question on The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, its implementation, formation of town vending committees, etc.:

3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 mandates for survey to identify street vendors at least once in every five years. As reported by States / UTs, a total of 3,471 cities have conducted survey of street vendors.

Also, Section 22 of the Act stipulates that appropriate Government may provide for constitution of one or more Town Vending Committees (TVCs) in each local authority. As reported by the States/ Union Territories (UTs), a total of 4,342 TVCs have been constituted under the Act. State/UT-wise details are at Annexure-I.
 
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is implemented by respective States/UTs by framing their respective Rules, Schemes, Bye-laws and Plan for Street Vending. From time to time, Ministry of Housing and Urban Affairs draws attention of the States/UTs on implementation of various provisions of the Act including mandated periodical conduct of survey, constitution of Town Vending Committees, by way of issuance of letters / circulars and discussion in meetings as well as conducting reviews.
 
No such information is available in this Ministry. Although, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, has given safeguards to the vendors under Section 33 of the Act which is reproduced as under “The provisions of this Act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act”. However, under Section 12(2) of the Act, if a street vendor is carrying out vending activities in any area or space earmarked as no-vending zone, then this would be a violation of the Act and no safeguard would be available to the street vendor under section 33 of the Act. The above safeguard in Section 33 of the Act is given to street vendors who carry on the business of street vending activities in accordance with the terms and conditions mentioned in the Certificate of Vending.

There was also another question by comrade Rajaram Singh MP on National Health Mission, ASHA workers, their wages, social security and welfare. The response of the government as below:

The primary responsibility of strengthening public healthcare system, including support for ASHA workers lies with the respective State/UT Governments. Under National Health Mission (NHM), the Ministry of Health and Family Welfare provides the technical and financial support to the States/UTs to strengthen their public healthcare system, based on the requirements posted by States/UTs in their Programme Implementation Plans (PIPs) and within the overall resource envelope.
 
ASHAs receive a fixed monthly incentive of Rs. 2000 per month in the country, for routine and recurring activities. Additionally, they are provided performance-based incentives for a varied set of activities under various National Health Programmes. The details of these ASHA incentives are available on the following Uniform Resources Locator (URL): https://nhm.gov.in/New-Update-2023-24/ASHA/Orders_and_guidelines/ASHA-INCENTIVES.p df
 
Further, States/UTs have also been given flexibility to provide additional incentives to ASHA workers.
 
After the launch of Ayushman Arogya Mandir, ASHAs are eligible additionally for Team Based Incentives (TBIs) along with ANMs based on monitored performance indicators (up to 1000 per month). ASHAs are also entitled to non-monetary incentives like – ASHA Uniform, Identity Card, Cycle, Mobile, CUG Sim, ASHA Diary, Drug Kit, ASHA rest room etc. The Government has also approved a cash award of ₹20,000/- and a citation to ASHAs who leave the programme after working as ASHAs for minimum of 10 years, as acknowledgement of their contribution.
 
In the year 2018, the ASHA benefit package was introduced acknowledging significant contribution and commitment of ASHAs. The package provides coverage for:

• Pradhan Mantri Jeevan Jyoti Beema Yojana (PMJJBY) with a benefit Rs. 2.00 Lakh in case of death of the insured (annual premium contributed by GOI).
• Pradhan Mantri Suraksha Beema Yojana (PMSBY) with a benefit of Rs.2.00 lakh for accidental death or permanent disability; Rs. 1.00 lakh for partial disability (annual premium contributed by GOI).

In addition, Pradhan Mantri Shram Yogi Maan Dhan (PM-SYM) with pension benefit of ₹3,000/- pm after age of 60 years (50% contribution of premium by GOI and 50% by beneficiaries) is also available for ASHA workers. ASHAs across the States/UTs have been enrolled in all the above-mentioned Social Security Schemes as per the defined eligibility norms.
 
Also, a health care annual coverage of ₹5 Lakhs under Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB- PMJAY) has been extended to all ASHAs workers.
 
Under National Health Mission (NHM), funds are released to States/UTs under flexible pools on a lump sum basis to provide greater flexibility to States to utilize the funds as per their felt need and priorities, hence no separate funds released to the States/UTs for ASHA Activities.