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70                                                           Women in the Economy (MWG-011)
                   •   Women are expected to be represented on the local monitoring / vigilance committee that is
                       formed for  monitoring the work undertaken,  thereby paving way for women’s role in
                       management of the projects.
                   •   Women are also expected to participate in social audit processes that are undertaken twice a
                       year.
                   •   The Act also recognizes  single women as a ‘household’  thereby making it possible for
                       widows/deserted/divorced/destitute and other categories of single women  to  benefit from
                       this law. Due consideration is given to beneficiaries from  disadvantaged groups such as
                       Scheduled Castes, Scheduled Tribes and persons below poverty line (MGNREGA Schedule II,
                       Para 6:19).
                   •   The law provides support for child care, and convenience to  households. The guidelines
                       mention the need for a crèche at the work site, and for the works to be convenient for families.
                       The law and rules prescribe that women (especially single women) and older persons should
                       be given preference to work on the  work sites nearer to their residence.  Also, if several
                       members of a household who share the same job card are employed simultaneously under the
                       Scheme, they should be allowed to work on the same work site.
               In addition to provisions on gender equity, the law also provides for land reform beneficiaries and
               small and marginal farmers to work on their own land. Preliminary findings from Kerala have shown a
               high level of participation of women in projects under the MGNREGA.
               Strengths of the Law: From the beneficiary’s perspective, this law is favorable as it has
                   •   no specific eligibility criteria or pre-requisite skill; the benefit of a job can be availed of upon
                       demand;
                   •   the proximity of the place of residence to the site of employment guaranteed;
                   •   certainty of wage rates ensured as the law spells out a conformity to minimum wages;
                   •   the wages paid through institutional accounts opened in post offices and banks; and
                   •   data on work and wages provided through the job card which acts as a ‘record of rights.
               One of the greatest successes of NREGA, according to some researchers, is that job cards have been
               issued very promptly, through a simple procedure of identification by the village sarpanch, neighbors,
               partner and supervisor even if there is no photograph on the job card (Dey, 2011).
               Government’s Viewpoint: One of the major issues that is favorable to the government is budget
               allocation,  which  is  often  pivotal  to  the  effective  implementation  of  laws  and  policies.  For
               implementation of MGNREGA, the substantial cost (90%) will be borne by the central government,
               and 10% by the state governments. The budget allocation was about Rs.40,000 crores for 2011-12;
               33,000 crores in 2012-13 and 33,000 crores in 2013-14. (Hindustan Times, 1st March, 2013, p.9) The
               decrease in the budget for 2012-13 is due to the poor spending of funds allocated in the previous year.
               It also has a budget on demand, and so, the expenditure could exceed the allocated resources, if need
               arises. Central government financially supports to the tune of 100%, material cost to the tune of 75%
               and 6% of administrative expenses.
               Another strength from the government’s viewpoint is the incentive disincentive  structure. Central
               government  would extend assistance  for providing employment, but the cost of unemployment
               allowance would be borne by  the  State government. This provides an impetus for the state
               governments to ensure proper implementation of the law so that the rate of unemployment remains
               under check.

               Q6. Discuss about right of children to free and compulsory education act (RTE) 2009.
               Ans. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution
               of India to provide free and compulsory education of all children in the age group of six to fourteen
               years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of
               Children  to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential
               legislation envisaged under Article 21-A, means that every child has a right to full time elementary
               education of  satisfactory and  equitable  quality in a formal school which satisfies certain  essential
               norms and standards.
               Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates
               the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been
               admitted by his or her parents to a school which is not supported by the appropriate Government,
               shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from
               pursuing and completing  elementary education. ‘Compulsory education’  casts an  obligation on  the
               appropriate Government  and local  authorities to  provide and  ensure admission, attendance and
               completion of elementary education by all children in the 6-14 age group. With this, India has moved
               forward  to a  rights-based  framework that casts  a legal obligation  on  the Central and State
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