The Unfinished Business of Social Security: Why Anganwadi Workers Deserve ESI Coverage Now

By Rajnish Ratnakar / RTI & Pubic Grievance Warriors Of India

 

The Right to Information (RTI) Act, 2005, was enacted to empower citizens and foster transparency in governance. Yet, a recent case involving a public-spirited citizen and RTI activist, Rajnish Ratnakar, starkly exposes how this vital mechanism, and the social security fabric it seeks to expose, is being undermined by systemic opacity and alleged dereliction of duty within key public authorities. This instance, centered on the rightful benefits for our invaluable Anganwadi Workers, demands immediate editorial attention.

The saga began with Mr. Ratnakar’s RTI application dated April 13, 2024, seeking crucial clarification from the Employees’ State Insurance Corporation (ESIC) regarding the applicability of the ESI Act to Anganwadi Workers. These frontline workers, often paid a meager honorarium, are the backbone of the Integrated Child Development Services (ICDS) Scheme, providing essential services to millions of children and mothers across the nation. Alarmingly, ESIC’s Central Public Information Officers (CPIOs) and the First Appellate Authority (FAA) allegedly responded with "vague, misleading and contradictory replies," failing to provide a reasoned order and seemingly violating fundamental RTI provisions.

Upon escalation, the matter reached the Central Information Commission (CIC) as a second appeal, bearing File No. CIC/ESICO/A/2024/637323. The CIC’s decision, delivered on March 28, 2025, by Information Commissioner Shri Heera Lal Samariya, has drawn sharp criticism. It is contended that the order was passed in a "mechanical and cryptic manner," ignoring critical contentions, failing to summon responsible officers, and completely devoid of legal reasoning.

More concerning is the alleged deliberate pattern observed in such CIC decisions: the routine omission of the original RTI reference number, the first appeal reference number, and even the petitioner's detailed contentions in the second appeal. This practice effectively obstructs informed public scrutiny, making it nearly impossible for citizens to trace the full trajectory of an information request and the arguments presented. Such opacity defeats the very spirit of the RTI Act, hindering public accountability and fostering an environment of administrative impunity.

Beyond the failures of transparency, the core issue revolves around the social security of Anganwadi Workers. For years, their "honorary" status was cited as a barrier to comprehensive benefits. However, a watershed moment arrived with the Supreme Court's landmark judgment in Maniben Maganbhai Bhariya vs. District Development Officer Dahod and Others on April 25, 2022. The Court unequivocally recognized Anganwadi Workers and Helpers as "workmen," performing "statutory duties," and deemed their honorarium as "wages" for the purpose of gratuity. The judgment highlighted their "dismal conditions of service" and directed the Union Government to take appropriate measures to ameliorate their situation.

This pivotal judgment fundamentally changed the legal landscape. It affirmed that Anganwadi Workers are not mere volunteers but integral, full-time employees performing statutory functions, deserving of comprehensive social security. Consequently, their inclusion under the Employees' State Insurance (ESI) Act is no longer merely a policy option but, post-Maniben, a mandatory requirement stemming from their recognized employment status.

While the ESI Act, 1948, initially applied to factories (Section 1(4)), the appropriate legal mechanism for extending its comprehensive benefits to non-factory establishments and new classes of employees, such as Anganwadi Workers under the ICDS scheme, is precisely Section 1(5). This section explicitly empowers the Central or State Government to issue a notification to extend the Act's provisions.

The onus now rests firmly on the Government:

• Under Section 4(1)(b)(ii) of the RTI Act, 2005, it is the duty of the relevant public authority – primarily the Ministry of Labour and Employment (at the Centre) and the Ministry of Women and Child Development – to initiate and officially notify this crucial extension under Section 1(5) of the ESI Act. Their powers and duties necessitate proactive steps towards this.
• Furthermore, Section 4(1)(b)(iv) of the RTI Act mandates that public authorities disclose "the norms set by it for the discharge of its functions." Once ESI coverage is extended, it becomes the clear duty of the ESIC, the Ministry of Labour and Employment, and the Ministry of Women and Child Development to diligently supervise and monitor the effective implementation of these benefits, ensuring they genuinely reach every Anganwadi Worker.

It is imperative that our institutions uphold the principles of transparency and justice. The time for denying full social security to Anganwadi Workers is over. The government must act swiftly under Section 1(5) of the ESI Act to grant them the comprehensive social security that is their rightful due, ensuring robust oversight and accountability every step of the way.