Transforming the Status of Anganwadi Workers: Implications of Decisions of the Supreme Court and the Gujarat High Court
Maitreyi Krishnan
Nearly one crore scheme workers across India bear the responsibility of implementing critical public schemes in health and education sectors for the Union and the State government. These include ASHA workers under the National Rural Health Mission, Anganwadi workers under the ICDS program, and Mid-day meal workers delivering mid-day meals to school children. These workers who are almost completely women, form the backbone of these essential services, but are subjected to systematic and appalling exploitation of their labour. They are denied recognition as government employees, and are not even recognized as workers, paid less than minimum wages, with no social security or job security. Their long-standing demands for recognition as permanent government employees with adequate rights and protections have been persistently ignored by both the Union and State governments, and it is only through consistent struggles that they have won even the most basic rights.
It is in this context that we must view two important judgments that have been rendered by the Courts specifically in regard to Anganwadi workers. The first is a judgment of the Supreme Court in Maniben Maganbhai Bhariya Vs. District Development Officer, Dahod and Ors. [AIR 2022 SC 2119] which was decided on 25th April, 2022 in regard to the entitlement of Anganwadi workers/helpers to gratuity under the Payment of Gratuity Act, 1972. The second judgment is that of the Gujarat High Court in Adarsh Gujarat Anganwadi Workers Union and Ors. vs State of Gujarat and Ors., that was decided on 2nd August, 2024. The Union, before the Gujarat High Court, sought a direction to declare that the engagement of workers as “Project Workers/Voluntary Workers” on honorarium was unconstitutional. They also sought that the services of these workers be regularized, that they be placed on a regular pay scale/pay band, and that minimum wages be ensured. Additionally, the Union sought an order restraining the authorities from terminating the services of these workers.
Both judgments have examined the challenging conditions under which Anganwadi workers and helpers are compelled to work and have emphasized the urgent need for the Union and State governments to take immediate measures to improve their working conditions, ensuring fair and dignified treatment in the workplace.
This is particularly significant considering that, prior to these two decisions, the Supreme Court judgment in State of Karnataka and Ors. v. Ameerbi and Ors. [(2007) 11 SCC 681] held that Anganwadi workers were not holders of civil posts. These two judgments, consider the evolution of the law and reframe the position of Anganwadi workers in a new light, affirming their rights. It is crucial to examine these judgments and their impact, not only on the rights of Anganwadi workers but also on the rights of scheme workers as a whole.
The Anganwadi System and the Role of Anganwadi Workers/Helpers
The Supreme Court has recognized the essential role played by Anganwadi in discharging the statutory obligation of the State to provide nutritional support to pregnant women, lactating mothers and children in the age group of 6 months to 6 years, and the fact that the Anganwadi workers/helpers are the centre of the functioning of these Anganwadis. The Court notes that they are the “frontline women workers” who are the “backbone of the ICDS”
These workers perform 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. The Court also noted the increase in the responsibilities of Anganwadi workers and helpers to delivering essential services, engaging with community groups, women’s collectives, and Mahila Mandals, and ensuring effective coordination of various sectoral services. They are also entrusted with additional responsibility including conducting surveys, promoting small savings, providing healthcare, facilitating group insurance schemes, delivering non-formal education and the role played by them in responding to the COVID-19 pandemic. Thus, these workers are central in the discharge of the State’s constitutional obligations under Article 47 to raise the level of nutrition and standard of living and to improve public health.
The Court notes that the coming of the National Food Safety Act, 2013 changed the welfare approach in addressing the issue of food security, and converted it into a rights based approach, with Anganwadi centres being statutorily recognized under the Act and providing for the entitlements of pregnant women, lactating mothers, and children in the age group of 6 months to 6 years to nutritional support.
Further, in addition to above, the Anganwadi centres also have the function of running pre-primary schools for children in the age group of 3 to 6 years to give effect to provision of pre-school education under the Right to Education Act, 2009. Anganwadi Workers/ helpers who are managing the Anganwadi centres also have a duty to look after pre-primary schools as well.
Despite performing such essential work, Anganwadi workers/helpers work under deplorable conditions. The Supreme Court notes that the problem begins with the failure to recognize them as 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', which is much lower than even minimum wages and they are denied all other basic rights.
The Gujarat High Court observed that the fact that workers, particularly women, are compelled to perform their duties without receiving even the minimum wages underscores the disparity in bargaining power and the dire circumstances that force them to accept such employment to support themselves and their families. The Court emphasized that no self-respecting individual would willingly agree to work for remuneration below the minimum wage. The Court further underscored that, in an era where sustainable employment opportunities are scarce, the government is exploiting its "domineering position" by neither recognizing these workers as part of its establishment nor providing them with wages that reflect the value of their work.
Both the Supreme Court and the Gujarat High Court have acknowledged that while Anganwadi workers and helpers play a critical role in advancing the nation’s development through their essential services, they are forced to work under precarious conditions, lacking any form of job security, social protection, or fair wages.
Anganwadi Workers Are Holders of Statutory Posts
The Supreme Court has considered the essential role of Anganwadi workers and Anganwadi helpers. In light of the provisions of the 2013 Act and Section 11 of the RTE Act, the Court affirmed that Anganwadi centers perform statutory duties, and therefore, AWWs and AWHs are engaged in statutory functions, making their positions statutory posts.
In its judgment, the Gujarat High Court draws on the Supreme Court's judgment and extends it to conclude that Anganwadi workers and helpers must be recognized as employees of the State. The Court held that the State’s failure to include them in the State Civil Services is discriminatory and arbitrary, violating Articles 14 and 16(1) of the Constitution of India. Furthermore, the Court observed that the treatment of AWWs and AWHs is discriminatory compared to government employees, particularly in terms of their working conditions and wages. The Court pointed out that the wages of Anganwadi workers are even lower than those of temporary daily-rated employees working for just 4 hours in a Class-IV post. Consequently, the Court ruled that both the Union and State Governments are engaging in discrimination by treating AWWs and AWHs unequally, especially in terms of their employment status and payment of emoluments.
The Gujarat High Court has also addressed the issue of gender discrimination in its judgment. The Court observed that the positions of Anganwadi Workers/helpers are uniquely gendered, as they are specifically designated for women. By failing to treat these posts as part of the Government establishment, the Court holds that the same could also be viewed as a form of gender-based discrimination where women workers are discriminated against and made to work under exploitative conditions.
Directions Issued by the Court
The Supreme Court in Maniben Maganbhai Bhariya Vs. District Development Officer, Dahod and Ors. [AIR 2022 SC2119] held that the provisions of the Payment of Gratuity Act, 1972 Act apply to Anganwadi workers/helpers working in Anganwadi centres.
The Supreme Court has also noted that the time has come for both the Union and State Governments to collectively assess the situation to explore ways to improve the working conditions of Anganwadi workers/helpers, ensuring that their service conditions are commensurate with the important work they do. Noting the increasing number of Anganwadi centers and the critical role these workers play in ensuring the quality of services and community participation, it has held that it is crucial to address the existing working conditions of Anganwadi workers/helpers.
The Gujarat High Court having found that Anganwadi workers/helpers are employees of the Government and are entitled to regularization has directed that they are declared to be entitled to be treated at par with regularly selected permanent employees holding civil posts in the State or Union Government. The High Court has directed the Union Government and the State Government to jointly formulate a policy for absorption of the posts of Anganwadi workers/helpers in Government service and to confer consequential benefit of regularization within a period of 6 months. It has further held that till such policy, the Anganwadi workers are to be paid salary in the minimum of pay scale as available to Class-III post and those in the post of Anganwadi helpers are to be paid salary in the minimum of pay scale as available to Class-IV post.
Conclusion
The judgments by the Supreme Court and the Gujarat High Court are essential in their exposure of the Union and State Governments' efforts to disguise the true nature of the work performed by Anganwadi workers and helpers by labelling them as "volunteers." This misclassification has long been used as a tactic to deny them their rightful entitlements and to undermine their significance. By lifting the veil on this subterfuge, the Courts have rightly acknowledged the vital and integral role these workers play, as well as the basic rights that have been unjustly withheld from them.
However, what must be considered here is the resistance put up by the BJP Governments at the Union and State to the struggle of the AWWs and AWHs, even in Court. The fundamental aspect cannot be ignored, that the BJP government fought tooth and nail against AWWs/AWHs getting their due rights. While the Supreme Court order was passed on 25th April, 2022, absolutely no steps have been taken by the Union Government in ensuring that Anganwadi workers/helpers across the country have even been ensured the payment of gratuity, as was held in the judgment. The observations of the Supreme Court made more than 2 years ago that it is time to conduct a review and take steps to improve the working conditions of Anganwadi workers/helpers has been completely ignored. It has to be seen whether the order of the Gujarat High Court will be obeyed or challenged by the Government.
Similar to Anganwadi workers and helpers, other scheme workers such as ASHA workers, who contribute significantly to the National Health Mission, and Mid-Day Meal workers, who ensure proper nutrition for school children, also perform essential and indispensable work. However, these workers too face systemic exploitation, denied fair wages, job security, and social benefits. The Courts' recognition of the unjust treatment of Anganwadi workers sets an important precedent that must be extended to all scheme workers.
The complete inaction of the BJP Government on the judgment of the Supreme Court would only go to show their refusal to acknowledge the rights of Anganwadi workers. Intensified struggles must be waged to compel the Government to obey the Supreme Court order, the Gujarat High Court Order and meet the demands not only of Anganwadi workers/helpers, but of all scheme workers.