NHRC Notice to Centre, States on ‘Poor Working Conditions’ of ASHA Workers

ASHA workers alleged that they are not receiving their dues and basic safety equipment despite working tirelessly at the frontlines during the pandemic in rural areas.

New Delhi: The National Human Rights Commission (NHRC) has issued notices to the Centre and the states over allegations of “poor working conditions” of ASHA workers in the rural areas across the country, the rights panel said on Monday.

It has observed that the allegations of “poor working conditions”, if true, raise very crucial issues as the entire health management system of the vast rural population across India depends upon these ASHA workers.

“The NHRC has taken cognisance of a complaint that the ASHA (Accredited Social Health Activist) workers are not getting their dues and safety equipment despite being working on the frontline during the COVID-19 pandemic in the rural areas across the country,” a statement said.

Accordingly, it has issued notices to the secretary, Union Ministry of Health and Family Welfare, and to the chief secretaries of the states to submit their reports on the issues raised in the complaint within six weeks, the rights panel said in the statement.

Therefore, the reports must carry the details on how many ASHA workers are working in each state, status and amount of remuneration and other dues paid to them during the pandemic, arrears due to them, health protection measures instituted for their protection to discharge their professional functions, it said.

The reports must also include facilities provided to these health workers and their families to protect health needs, compensation in the event of fatality incurred during discharge of duty, long term health insurance/ protection, social security/protection facilities as per the extant guidelines, it added.

SC to Centre: ‘Ensure Frontline Worker Salaries Paid on Time, Quarantine Not Treated as Leave’

Solicitor General Tushar Mehta said that many states have complied with the directions but some of them like Maharashtra, Punjab, Tripura and Karnataka have not paid salaries to the doctors and healthcare workers on time.

New Delhi: Maharashtra, Punjab, Karnataka and Tripura are yet to follow directives on timely payment of salaries to healthcare workers engaged in COVID-19, the Centre on Friday told the Supreme Court, which said it cannot be “helpless” in implementing the directions.

The court directed the Centre to issue necessary directions for releasing salaries of doctors and frontline healthcare workers engaged in COVID-19 duty on time.

A bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah asked the Centre to also clarify on treating compulsory quarantine period of healthcare workers as leave and deduction of their salaries for the same period.

“If the states are not complying with the directions and orders of the Central government, you are not helpless. You have to ensure that your order is implemented. You have got the power under the Disaster Management Act. You can take steps also”, the bench told Solicitor General Tushar Mehta, appearing for the Centre.

Mehta said that after the top court’s directions on June 17, necessary orders were issued on June 18 to all the states, with regard to payment of salaries to healthcare workers.

Also read: Centre Revises Quarantine Period to 1 Week for Doctors, Health Workers in COVID-19 Facilities

He said that many states have complied with the directions but some of them like Maharashtra, Punjab, Tripura and Karnataka have not paid salaries to the doctors and healthcare workers on time.

Senior Advocate K.V. Vishwanathan, appearing for petitioner Arushi Jain, said the high-risk and low-risk classification made by the Centre has no basis and the government advisory of June 18 after the top court’s order has no rationale basis.

He said that there is still non-payment of salaries to healthcare workers.

The bench was hearing a plea of Dr Arushi Jain, a private doctor questioning the Centre’s May 15 decision that 14-day quarantine was not mandatory for doctors.

The top court also took note of an application filed by United Resident Doctors Association (URDA) through advocates Mithu Jain, Mohit Paul and Arnav Vidyarthi that salaries of doctors are being deducted for the period of compulsory quarantine treating it as leave period.

To this, Mehta conceded that “the said period can’t be treated as leave” and said that he would take necessary instructions on the issue.

He said the Central government will take steps to ensure that the salaries of doctors and healthcare workers are paid on time.

The top court posted the matter for further hearing on August 10.

On June 17, the top court had directed the Centre to issue orders in 24-hours to all states and Union Territories for payment of salaries to doctors and healthcare workers as also for providing suitable quarantine facilities for those who are directly engaged in the treatment of COVID-19 patients.

Also read: As COVID-19 Sweeps Karnataka, ASHA Workers, AYUSH Doctors Strike for Better Pay

It had said, “The Central government shall issue an appropriate direction to the chief secretary of the states/Union Territories to ensure that the orders are faithfully complied with, violation of which may be treated as an offence under the Disaster Management Act read with the Indian Penal Code.”

Dr Jain had also alleged in her plea that frontline healthcare workers engaged in the fight against COVID-19 are not being paid salaries or their wages are being cut or delayed.

The Centre had earlier told the top court that the May 15 circular on the standard operating procedure (SOP) will also be modified, doing away the clause for non-mandatory quarantine for healthcare workers engaged in COVID-19 duty, and they will not be denied the quarantine.

On June 12, the top court had observed, In war, you do not make soldiers unhappy. Travel an extra mile and channel some extra money to address their grievances.

It had said that the courts should not be involved in the issue of non-payment of salary to healthcare workers and the government should settle the issue.

It’s Time to Recognise that Govt Plans Are Oblivious to the Realities of Care Workers

Not only is there disparity in salary, an inherent and punishing hierarchy, but pre-existing taboos and systematic devaluation of care work is likely to hit us particularly hard in this crisis.

In the last few days, disturbing news about care workers and doctors getting infected by COVID-19 have been reported from across India.

On April 3, 50 medics had tested positive. The numbers have exponentially increased since most of them are working without basic protective gears.

As of April 17, at least 600 medics in Delhi, 160 in Mumbai, 50 in Rajasthan have been affected. However, the real numbers are expected to be much higher. Moreover, these numbers don’t include primary health care professional like ASHA, ANM and Anganwadi workers on COVID-19 duty.

Sporadic agitations of care workers have taken place in different states like Karnataka, West Bengal, Punjab, and Maharashtra demanding quality personal protective equipment or PPE.

Care workers have also raised the issue that they are being treated as dispensable. For instance, primary health workers fall under the ‘least-risk’ category for protective gear distribution despite being tasked with door to door surveys.

Also read: Bihar: A Day in the Life of an ASHA Worker During Lockdown

In several places, doctors have been accommodated in comfortable hotels while nurses were provided overcrowded and dirty rooms or simply denied accommodation.

Continuous threat of violence

Government plans are oblivious to the realities of care workers despite them being tasked with vital roles. Several care workers face threats of eviction and aggression from neighbours. They are not being provided with transportation and food despite the lockdown.

Thus they are often being forced to skip meals and commute at odd hours on deserted roads, sometimes on foot. To add to the injury, primary health workers have not been issued travel passes. This not only affects their ability to do their job but also exposes them to police violence. There are even reports of them being chased out by communities during routine surveys. 

Nurses are being forced to work continuous shifts and their leaves are being cancelled. Even when there are visible symptoms, they are not getting tested. As a result, when they fall sick, they either have to exhaust their sick leaves or take a loss of pay.

Primary health workers are even more vulnerable since they have almost no access to social security such as health benefits, leaves, etc. as they are “volunteer workers”.

In spite of these roadblocks, their demands are focused on access to necessary protective gear. They do so by pointing out the dangers that can befall upon others rather than using a narrative of self-preservation. Perhaps a reflection of how little we care about our care workers.

Care workers: Our frontline defence against COVID-19

As the popular narrative heralds them, health care workers are indeed our frontline warriors. Out of all health workers, a sizable section (nearly 30%) consists of nurses and midwives. This figure excludes nearly 1 million primary health workers. Here is an estimate:

Source: Indian Nursing Council Annual Report, 2017-18

Source: Ministry of Women and Child, Press Release & Ministry of Health and Family Welfare, 2019 Report.

Government apathy

On January 31, a day after the first COVID-19 case was reported in India, the Directorate General of foreign trade imposed a ban on the export of all medical protective gear.

But this was only a temporary measure since the government relaxed the order on February 8, allowing the export of surgical masks and gloves. This ban was further relaxed on February 25, allowing the export of eight more items. Needless to say, the WHO guideline on February 27 to stockpile on PPE fell to deaf ears.

India continued to export medical protective equipment as late as March 29. What is even more bizarre was that Minister of Textiles, Smriti Irani, while acknowledging the shortage of PPE insisted on centralising procurement of PPE through one government-owned company.

Despite being contacted by several PPE manufacturers in February, the government did nothing until March 21. Even without reading too much into the situation, it seems rather counterintuitive.

Also read: Doctors Are Running Out of Protective Gear. Why Didn’t the Govt Stop Exports in Time?

In order to mitigate the damages of their erroneous actions, the Ministry of Health and Family Welfare issued a press release on March 30 informing that 11 domestic manufacturers are going to be making PPE.

The Ministry of External Affairs is also in the process of importing 30 lakh PPE kits from Singapore and Korea in the second week of April.

However, this news was far from reassuring for multiple reasons. First, there have been several reports of the USA diverting PPE and testing kits meant for other countries, including India. Thus until these PPE kits arrive, it remains shrouded in uncertainty. Second, it is far too inadequate. Third, it remains unclear whether the safety needs of nurses and primary health workers will find primacy in the usage of these kits.

The baggage of history

Surprisingly, India’s COVID-19 task force has no representation of care workers.

The real reason for that perhaps lies in the history of this profession. Care work has been dominated by women globally, perhaps a result of the traditional binary which associates women with care (nursing) and men with cure (doctors). This has led to devaluation and feminisation of care work.

Even though it is intellectually, physically, and emotionally demanding; it is perceived as unskilled labour. Within the Indian context, apart from gender, this difference in the value is also mediated by caste.

This hierarchy can be traced back to our inheritance of untouchability and colonial past. Care work is seen as “impure” since it requires physical proximity and touch.

Thus, women from minority communities have historically dominated this profession. Given its roots in missionary work, it is often perceived as a divine calling rather than a profession.

As a result, this valorises the hardships associated with care work. This takes away legitimacy from their claims to labour dignity and rights. Overall, there is an implicit expectation of docility and deference from care workers.

With the rise of global demand for nurses, there has been a moderate increase in women from more dominant communities. This coincides with a further widening of wage.

Some nurses make less than Rs 4,000 working in private institutions, whereas the in-hand salary for a staff nurse with a basic GNM degree working in a government hospital located in a Tier 1 city would start at Rs 64,000. There have been several protests and legal petitions by nurses to standardise wages. 

In contrast, ASHA workers get an honorarium of Rs 2,000 to Rs 4,000 per month, which varies from state to state. Even with this meagre salary, the onus to pay for travel and stationery is on them. Anganwadi workers earn between Rs 2,250 and Rs 4,500 and Anganwadi helpers between Rs 1,500 and Rs 2,250 per month.

They have organised several protests and been assured by the government of a raise in 2018. However, this promise is yet to materialise; in fact, many have not received their wages for several months.

This disparity in the salary, inherent hierarchy, pre-existing taboos and systematic devaluation of care work has led to chronic under-staffing and adverse working conditions.

Institutional support, such as the provision of transportation during night duty, paid sick leaves, and so on, have also been lacking. They are often not involved in decision making or leadership roles. 

High pressure of work and expectation of deference have made it exceedingly difficult for care workers to organise and demand better working conditions. To make matters worse, nursing is categorised as “essential services” under the Essential Services Maintenance Act, 1968.

This Act gives the government the power to prohibit strikes in sectors deemed as essential services. The baggage of history is perhaps most visible in how care workers are being valorised, while their justified and essential demands are being completely sidelined in the current battle against COVID-19.

A moment of reckoning 

COVID-19 has been a moment of reckoning on how crucial care work really is to the functioning of our society.

A majority of our healthcare professionals work in perilous conditions for paltry wages with little to no right to occupational safety.

Besides, they are rarely involved in decision making. It is perhaps telling that India’s total health care spending (3.5 % of total GDP, 2017) is the lowest among the BRICS country.

Given years of short-sighted planning, inadequate policy and increasing pressures of neoliberalism, care work was already in a state of crisis as evident from several protests to increase and standardise wages. But the government failing to recognise and protect our frontline of defence at this moment of crisis will have a catastrophic effect on our survival of this pandemic.

Madhurima Majumder is senior researcher, Sankaran Research Team, Centre for Equity Studies.