News By/Courtesy: Jeffy Johnson | 04 Apr 2020 18:04pm IST


  • Article 14 and 21 relevance
  • Plight of MGNREGA workers

The Supreme Court of India has witnessed a petition in the leadership of the activists Aruna Roy and Nikhil Dey. The petition is regarding the issuance of guidelines which are uniform to all states and union territories. To make sure that all registered and active job cardholders under Mahatma Gandhi National Rural Employment Guarantee Act ( MGNREGA) are deemed to be at work. And also should be paid with full wages at such pandemic times. Advocate Prashant Bhushan has filed the petition on behalf of Aruna Roy and Nikhil Dey, the activists. The petition seeks to the protection of fundamental rights of the job cardholders under the MGNREGA. Firstly right to health guaranteed under Article 14 of the Constitution of India. And secondly, Article 21 of the Indian Constitution right to live that is a livelihood in this scenario. In the light of Section 6 and Section 10 of Disaster Management Act, 2005 which ensure the lockdown due to the outbreak of the Coronavirus i.e COVD19 stated that there should exclude vital services and commodities. The Ministry of rural development has directed the state governments that MGNREGA work will continue. This is asking the lives and healthcare of these workers are compromised. This is a clear infringement of Article 14 of the Constitution that right to equality. As social distancing is not possible and during this COVD 19 there is a major health hazard present. There weaker sections that are the workers, in this case, are becoming prey to this adversities as they cannot run their lives without the wages. During this crisis, full payment of wages should be provided to the workers according to the petition by the activists. The prayer of the petitions is followed. Firstly during this lockdown time provide the workers with the full wage on a time rate basis. Secondly, issue the writ of mandamus to the respondents to issue temporary job cards to all migrants within 15 days. Thirdly writ of mandamus to amend the scheme under Section 4 of the MGNREGA Act to respond sustainably during the lockdown. Lastly, issue the writ of mandamus to increase the entitlement of households to 200 days per household. This is to cope up with the economic constraints and issues during the pandemic. This petition represented by the Advocate Prashant Bhushan is listed to be heard on 7th April 2020.

Section Editor: Pushpit Singh | 04 Apr 2020 18:59pm IST

Tags : MGNREGA workers : Full payment of wages

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