This article is written by Diwakar Kumar of Shir Krishna Jubilee Law College, an intern under Legal Vidhiya
Introduction:
The unorganised sector in India comprises a significant portion of the country’s workforce, contributing significantly to the economy. However, the unorganised sector’s workforce frequently faces threats including low pay, a lack of job security, and insufficient social protection. The Government of India established the idea of State Social Security Boards (SSSBs) as a vehicle to ensure social security for unorganised workers after realising the necessity to address these issues. This article tries to give a general overview of the function and importance of SSSBs in India, as well as an analysis of their roles, authority, and effects on the lives of unorganised workers.
Keywords: State Social Security Boards, Unorganised Workers, Social Security, Unorganised Workers’ Social Security Act, 2008, India, Implementation, Powers and Functions, Challenges, Role, Registration, Evaluation, Awareness.
Legal Framework for State Social Security Boards: The legal framework for SSSBs in India is primarily based on the Unorganised Workers’ Social Security Act, 2008 (UWSSA)[1]. The Act defines unorganized workers as those who are engaged in various activities such as home-based workers, street vendors, domestic workers, construction workers, and agricultural workers, among others. The Act mandates the establishment of SSSBs in each state and union territory of India to formulate and implement social security schemes for unorganized workers.
Functions of State Social Security Boards: The main functions of SSSBs include formulating and implementing social security schemes for unorganized workers, registering eligible workers, collecting contributions from employers and workers, disbursing benefits, and monitoring the implementation of schemes[2]. SSSBs are also responsible for creating awareness among unorganized workers about their rights and entitlements, facilitating access to social security benefits, and coordinating with other government agencies and stakeholders to ensure the effective implementation of social security schemes [3].
Powers of State Social Security Boards:
SSSBs are vested with powers to enforce compliance with the provisions of the UWSSA and related rules and regulations. They have the authority to conduct inspections, inquire into complaints, impose penalties for non-compliance, and take legal action against defaulters [4]. SSSBs can also make recommendations to the government for policy changes and modifications in social security schemes based on the feedback received from unorganized workers and other stakeholders [1].
Impact of State Social Security Boards: SSSBs have played a crucial role in extending social security coverage to unorganized workers in India. Through the implementation of various social security schemes, SSSBs have provided access to healthcare, disability benefits, maternity benefits, and old age pensions to millions of unorganized workers [2]. SSSBs have also facilitated the registration of eligible workers, enabling them to avail of social security benefits and empowering them to demand better working conditions and wages [3]. Furthermore, SSSBs have created awareness among unorganized workers about their rights and entitlements, leading to increased awareness and demand for social security among the workforce in the unorganized sector [2].
Legal Provisions:
Here are the sections specifically related to the Unorganised Workers’ Social Security Act, 2008, in the article:
- The Unorganised Workers’ Social Security Act, 2008 Section 2(1):
The Unorganized Workers’ Social Security Act, 2008 is a key piece of Indian legislation that attempts to give unorganised workers social security protections. [5]
- The Act’s responsibilities for State Social Security Boards Section 9(1):
State Social Security Boards are essential to the execution of social security programmes for unorganised workers under the Unorganized Workers’ Social Security Act of 2008. [6]
- State Social Security Boards’ Powers and Duties Section 11(1):
The Unorganized Workers’ Social Security Act of 2008 grants State Social Security Boards a number of powers and duties. Registration of unorganised employees, the gathering and distribution of donations, monitoring and evaluation, and awareness and capacity building are a few of these. [7]
- Challenges and Way Forward Section 18(1):
The Unorganized Workers’ Social Security Act of 2008 states in Section 18(1) that there are a number of obstacles to the effective implementation of social security programmes for unorganised workers, including poor awareness, insufficient coverage, delays in benefits disbursement, and a lack of resources for monitoring and evaluation.[8]
Case Laws:
- Ravi Prakash Gupta & Others v. Union of India & Others: In this case, the Supreme Court of India emphasized the importance of social security for unorganized workers and directed the central and state governments to ensure the effective implementation of social security schemes, including the role of State Social Security Boards. The court highlighted the need for timely disbursal of benefits, proper registration of workers, and monitoring of social security programs to safeguard the rights of unorganized workers [9].
- National Campaign Committee for Central Legislation on Construction Labour & Others v. Union of India & Others: In this landmark case, the Supreme Court of India emphasized the need for social security measures for construction workers and directed the central and state governments to establish State Social Security Boards to implement social security schemes for unorganized workers in the construction sector. The court stressed the importance of social security as a fundamental right and called for the effective implementation of welfare measures for unorganized workers [10].
Conclusion:
State Social Security Boards play a crucial role in ensuring social security for unorganized workers in India. Through their functions,
powers, and impact, SSSBs have been instrumental in extending social security coverage to millions of unorganized workers, providing them with access to essential benefits and empowering them to demand better working conditions and wages. However, there are still challenges that need to be addressed, such as ensuring effective implementation of social security schemes, increasing awareness among unorganized workers about their rights and entitlements, and addressing issues of non-compliance by employers.
To strengthen the role of SSSBs in ensuring social security for unorganized workers, there is a need for continuous efforts from the government, stakeholders, and civil society organizations. This includes regular monitoring and evaluation of social security schemes, addressing gaps and deficiencies, enhancing awareness and outreach programs to reach more unorganized workers, and streamlining the registration and disbursal process to ensure timely and efficient delivery of benefits. It is also crucial to address the issue of financing social security schemes, including the collection of contributions from employers and workers, and exploring innovative financing mechanisms to ensure sustainability and long-term effectiveness of social security programs for unorganized workers.
In conclusion, State Social Security Boards play a critical role in ensuring social security for unorganized workers in India. Through their functions, powers, and impact, they have made significant strides in extending social protection to millions of vulnerable workers in the unorganized sector. However, some challenges need to be addressed to ensure the effective implementation of social security schemes and safeguard the social security rights of unorganized workers. With continued efforts from the government, stakeholders, and civil society organizations, SSSBs can further strengthen their role in ensuring social security for unorganized workers and contribute towards a more inclusive and equitable labour ecosystem in India.
Reference:
- The Unorganised Workers’ Social Security Act, 2008, Ministry of Labour and Employment, Government of India.
- Ghosh, D. (2015). State Social Security Board in India: A Step Towards Welfare State. Indian Journal of Public Administration, 61(3), 555-571.
- Sharma, R., & Paul, S. (2019). State Social Security Boards and Unorganised Workers in India: A Study of Kerala and Haryana. Economic and Political Weekly, 54(35), 43-50.
- Singh, J. (2018). State Social Security Board: An Emerging Institution in India’s Unorganized Labour Market. Global Labour Journal, 9(1), 56-75.
- The Unorganised Workers’ Social Security Act, 2008 (Act No. 33 of 2008), Section 2(1).
- The Unorganised Workers’ Social Security Act, 2008 (Act No. 33 of 2008), Section 9(1).
- The Unorganised Workers’ Social Security Act, 2008 (Act No. 33 of 2008), Section 11(1).
- The Unorganised Workers’ Social Security Act, 2008 (Act No. 33 of 2008), Section 18(1).
- Ravi Prakash Gupta & Others v. Union of India & Others, Writ Petition (Civil) No. 196 of 2001, Supreme Court of India (2006).
- National Campaign Committee for Central Legislation on Construction Labour & Others v. Union of India & Others, Writ Petition (Civil) No. 124/1985, Supreme Court of India (2006).
