By Don Mihsill
Social legislations serve a two-fold purpose: one, to address an identified lacunae affecting members of society and, two, to empower the people through a legislative framework to realise their rights and live a life of dignity.
The new millenia has seen a shift in the kind of social legislations promulgated: moving from a standard setting (think older labour legislations) to an empowering model that aims to vest power in the hands of the citizen-recipient. The Mahatma Gandhi National Rural Employment Guarantee Act (“MGNREGA) and the Right to Information (“RTI”) are the most notable amongst these. The former is notable for it secures a right to employment and guarantees demand-driven employment. (subject to certain conditions). The RTI, on the other hand, seeks to introduce governance into government and the process of governing.
The author in the course of his travels and interactions has learnt that many of the beneficiaries are not aware of the rights given to them under MGNREGA nor are they aware of how RTI can be used to maintain a vigil over the realisation of their rights. This piece, therefore, looks to introduce – for the benefit of the general populace – the main features of MGNREGA and RTI and explain how the RTI can be used to make MGNREGA rights more meaningful.
MGNREGA is considered path-breaking because it guarantees employment subject to a maximum of 100 days of employment for an adult from a family. For a work to be sanctioned, there needs to be at least 10 job-seekers from the local area (say a village) applying for employment. Once such an application is made, the work must be sanctioned within a fortnight. In the event that employment is not provided within the fortnight, an Unemployment Allowance (one-fourth of the wage rate) is payable for the first 30 days as compensation for failure to provide work. After the first 30 days, half the wage rate is payable as Unemployment Allowance, as may be applicable, for the rest of the year.
The act insists on parity between genders by requiring men and women to be paid the same wage rate. In the event that work is not provided within the radius of 5km of the applicant’s village, an additional 1/10th of the wage rate is payable as travel expenses. 1/3rd of the beneficiaries should be women and work-site facilities such as creche and drinking water are to be provided. Of significance is that no work is to be sanctioned through contractors. Thus, the Act seeks to redefine the way in which social security is delivered.
The RTI provides a method through which the rights under MGNREGA can be made meaningful. Although there are disclosures and reporting requirements under the MGNREGA, the RTI can be a useful tool to seek and receive specific information that may be of interest to the beneficiaries. This can act as a check and ensure conscientious implementation of the MGNREGA. The RTI applies to all “Public Authorities”. Administration in Meghalaya is modified by the provisions of the 6th Schedule of the Constitution. Accordingly, implementation of the MGNREGA is via the Village Employment Council working in consonance with the Area Employment Council and the Block Employment Councils. It is without doubt that these institutions are subject to the RTI regime.
The information sought can be varied from logbooks to orders, circulars, samples, documents, memos etc. This right includes a right to inspect (works, documents, records etc) and to take notes, extract or certified copies (and samples, in the case of materials). All Public Authorities are required to designate Public Information Officers (PIOs) who are charged with providing the information sought. Information must be provided within 30 days (within 48 hours where life and liberty is at stake). While section 8 lists out certain conditions for denying information, it is hard to imagine a situation where it would apply to information related to MGNREGA. The PIO/concerned department should not reject the application if the fee is paid. They are also required to provide assistance to those who aren’t literate so that their query can be reduced to a written record. Also, in the course of seeking information no reason needs to be provided as to why the information is being sought. There is an appeal process against the response of the PIO. Penalties may also be levied if the application is not accepted or if there are delays in responding. Thus, RTI empowers people to ensure that they are in receipt of what’s due to them.
Social legislation without active education of the people of their rights, the processes available before them is apt to cripple the entire process of change that such legislations seek to usher. Rights on paper are theoretically formidable and when realised on the ground by an active populace, they become meaningful. In the case of Meghalaya, tradition and administration is woven together, often in a manner that requires further clarification. The progressive rise of the state depends on a vigilant population that is aware of their rights and that understands that it is their duty (also) to realise their rights.