Sunday, May 31, 2015

SOCIAL SECURITY IN INDIA

India is perhaps the only major democratic country which doesn't have a stated minimum social security cover for its citizens. This is despite the fact that alongwith fast economic growth, the country is also witnessing an increase in economic insecurity and vulnerability, resulting mainly from the growing economic disparities and the breakdown of the traditional joint family system and a supportive socio-cultural-moral structure.  In the days of yore when economy moved slowly (and the state wasn't the over-lord of all that it could get into), family members, relatives and the community at large used to furnish an umbrella of shared social responsibility for those facing bad times. But in an age when GDP is the God, it is perhaps too much to expect that feelings like sympathy, pity, sense of responsibility and care won’t get monetized too.

The False Start
Given the record of indifference that successive governments have shown to the cause of social security, many of us would be surprised to learn that India was the first Asian country to start Social Security program for its citizens though for a small section only.  The Employees' Compensation Act, which was enacted in 1923, was the first legislation to provide payment of compensation to the workman or his/her family in cases of employment related injuries resulting in death or disability. Immediately after independence, the government came up with The Employees’ State Insurance Act, 1948 which was aimed at providing medical services, continuing cash benefits due to employment injury or death, cash sickness benefits during periods of wage loss, and cash maternity benefits to around 2.5 million factory workers throughout the country. Another major legislation was The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 which aimed to promote savings for old age as well as ensure terminal benefits, superannuation pension, and family pension in case of death during service. But after this promising start, things bogged down (as they usually do in our country), and today India spends just 1.4 % of its GDP on providing social security cover (to only a small percentage of its population) which is among the lowest in Asia, far lower than what China, Sri Lanka,  or even Nepal spend.

Even though the constitution describes the country, inter alia, as a socialist republic, the successive left leaning governments didn't make any effort to follow the erstwhile countries of the socialist system which were committed to providing comprehensive social security to their citizens even at low levels of economic growth. Nor was there any question of following the capitalist countries where social security is the primary instrument of public policy aimed at maintaining the living standards of all citizens absorbing over half the total government expenditure, and in most cases more than 20% of GDP.

Social security in the Constitution
Social Security is listed in the Concurrent List (List III in the Seventh Schedule of the Constitution of India). The following social security issues are mentioned:
Item23:  Social Security and insurance, employment and unemployment.
Item24: Welfare of Labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pension and maternity benefits. 

Social Security also finds mention under the directive principles of state policy. Article 41 of the Constitution asks the state to “within the limits of its economic capacity and development make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want”. Similarly, Article 42 enjoins the state to “make provision for securing just and humane conditions of work and for maternity relief”.

Government of India’s vision about social security is summed up in the following quotes from the Ministry of Labour website:
1.     Social Security is a comprehensive approach designed to prevent deprivation, assure the individual of a basic minimum income for himself and his dependents and to protect the individual from any uncertainties.
2.     The State bears the primary responsibility for developing appropriate system for providing protection and assistance to its workforce.
3.     Social Security is increasingly viewed as an integral part of the development process.  It helps to create a more positive attitude to the challenge of globalization and the consequent structural and technological changes.  

It is hardly a surprise to see that the vision is yet to be converted into reality. Citizens have little choice in the matter since these issues find mention in the Directive Principles which make them unenforceable, and in the Concurrent List, which turns these issues into shared responsibilities between the Central government and the State governments (effectively making these nobody’s responsibility). Also, it is a matter of priorities that any state sets for itself and India presumably has other priorities.  
The Conceptual Basis of Social Security
International Labour Organisation (ILO) explains social security in the following way, “The expression has acquired a wider interpretation in some countries than in others but basically it can be taken to mean the protection which society provides for its members, through a series of public measures, against the economic distress that otherwise would be caused by the stoppage or substantial reduction in earnings resulting from sickness, maternity, employment injury, unemployment, invalidity, old age and death; the provision of medical care, and the provisions of subsidies for families with children.”

This definition is based on the experiences of the developed countries and implicitly assumes that most citizens are generally employed with enough earning to meet their basic needs. In most of developing countries, this view is unjustified. The general view is that this definition focuses on contingencies rather than deficiencies, and therefore, it is inadequate and too narrow for the reality facing developing countries.

According to Jean Dreze and Amartya Sen, “The basic idea of social security is to use social means to prevent deprivation and vulnerability to deprivation”. In their view, income is one of the most visible and crucial factors restricting the basic capabilities of citizens in developing countries. Therefore, social security has to address both deprivation as well as vulnerability to deprivation. As a further elaboration of the concept, they distinguish between two distinct aspects of social security, viz., protection and promotion. “The former is concerned with the task of preventing a decline in the living standards as might occur, in say, an economic recession, or most drastically a famine. The latter refers to the enhancement of general standards and to the expansion of basic capabilities of the population, and will primarily have to be seen as a long term challenge”.

When Social Security Meets the Indian Reality
It is indeed paradoxical that in a country where three quarters of the population is estimated to be poor (as per UN definition with less than $2 a day earning) having nothing to fall back upon in case of accident or misfortune, most of the social security measures are aimed at only a small and relatively well off fraction of population. Many of us would remember the ridiculous debate about the poverty line estimated by Tendulkar committee (30% of population earning upto Rs. 32 in urban areas and Rs. 26 in rural areas). The crucial question that remained unaddressed during the debate was how these people protect themselves against old age, illness, droughts, famines, accidents, deaths, and floods which are regular happenings in their lives. Some of them do get benefitted by the govt. funded pension schemes for senior citizens and widows, but the amount of monthly pension is pitifully low (less than Rs. 1000 p.m. in most cases) and prone to usual leakages.

Even the job-linked social security schemes are not available for everyone in the country. The National Commission for Enterprises in the Unorganized Sector (NCEUS) set up in 2004 to look into livelihood conditions and social security for unorganized workers, found that it is only those working in the organized or formal sector, (around six per cent of India’s workforce as per NSSO survey 2004-05), who enjoy social security, with nearly 94 % (433 million) working in the unorganized sector enjoyed almost no social security cover at all. The Commission also found that there had been almost no growth in formal employment since 1991 (static around 26 million) and the entire growth in employment was in the unorganized sector (from 287 million to 433 million). Another finding of NCEUS that 79 percent of workers in the unorganized sector had an income of less than rupees twenty a day (in 2004), clearly shows the downside of the liberalization-globalization-privatization processes. The NCEUS proposed legislation for a national minimum security package for unorganized sector workers, social insurance, social assistance for life and health cover, old age benefits to all workers within a period of five years financed by the Centre and state governments, employers (where identifiable) and workers at a cost of less than 0.5 percent of Gross Domestic Product after five years. As can be surmised, the UPA government discarded the Commission’s recommendations for statutory backing to social security. NCEUS had proposed for setting up of National and State Social Security Advisory Boards but only 14 States set these up. 

So far, the NDA government too has not yet indicated any support to the idea of legally guaranteed social protection for all though it is proposing to issue a smart card--U-WIN (Unorganized Sector Identification Number), to every worker in the unorganized sector with a unique identification number for accessing social schemes. But what the associated benefits will be and what their legal status is going to be is not yet certain.

Pioneers of the Cost-less Social Security
The NDA government has recently launched three social security schemes with much fanfare-- Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Atal Pension Yojana (APY), and going by the structure of the schemes, this new government can be called the pioneers of unfunded social security that costs the government exchequer nothing. And yet, the government had no qualms in naming these schemes after the PM.

The Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), will offer a renewable one-year life cover (covering death due to any reason) of Rs.2 lakh to all savings bank account holders in the age group of 18-50 years for an annual premium ofRs.330. The Pradhan Mantri Suraksha Bima Yojana (PMSBY) will offer a renewable one-year accidental death-cum-disability cover of Rs.2 lakh for partial/permanent disability to all savings bank account holders in the age group of 18-70 years for a premium of Rs.12 per annum. The Atal Pension Yojana (APY) will focus on the unorganized sector and provide subscribers (who shouldn’t be Income Tax payees) a fixed minimum pension of  Rs.1,000,  Rs.2,000,  Rs.3,000,  Rs.4,000  or Rs.5,000  per month from the age of 60 years, depending on the contribution option exercised (on entry at an age between 18 and 40 years).

The critics have rightly criticized the schemes as old wine in new bottle and have expressed skepticism about the success of these schemes. Given that nearly 1/3rd of the 15 million savings accounts opened under Jan Dhan scheme don’t have any credit balance, it is perhaps highly optimistic to expect those earning less than Rs. 100 a day to pay a premium of Rs. 330 for (PMJJBY) or start subscribing to APY. Over and above these affordability issues are the massive barriers put up by the IAS led Indian Bureaucratic System (IBS). Newspapers are full of reports that many people had to pay sums ranging from Rs. 100 to Rs. 500 just for opening accounts under the Jan Dhan Yojana or for even getting Aadhar Cards.

PM Modi, while launching the three schemes in Kolkata on May 9th , 2015, said, “The poor do not want sahara. We need to change how we think. The poor need shakti”. These are noble thoughts indeed but highly detached from reality. The poor may not want sahara but whether they want insurance and pension or not or can even afford these, given their more urgent needs, wants and demands, is a crucial question that is yet to be tested. Wouldn’t it have been better if the government had combined PMJJBY and PMSBY into one, and provided budgetary support for the entire amount of the premium? Even if the entire adult population were covered, the cost would have been in the region of Rs. 15000 cr, certainly a manageable figure for a $ 2 trillion economy. If, instead of handing over the project to insurance companies, the government decides to run the insurance schemes by itself, the costs can further come down.

Yet it can’t be denied that it is the first time in India that the government has come up with a framework for protection against vulnerabilities that is available for everyone at costs which are not very high. However, the record-sheet of this government regarding promotional action against deprivation and vulnerabilities is blank as yet. It has drastically reduced allotments for MNREGA and several other similar schemes aimed at enhancing living standards and capabilities by providing employment, nutrition, education and medical support, citing wastefulness and leakage. Statistics support the view that after the “aggressive espousal of costly welfare programs” such as MNREGA by the then government from 2011, the tempo of poverty reduction decelerated compared to the period  2005-2011 when reform process was going on, and therefore there is some merit in what the government is doing. But the government has yet to come up with alternative long-term solutions for poverty reduction that can satisfy its critics. Mere talk of Make in India is not going to provide jobs or earnings to the vast population of the country.

Conclusion
The oft-repeated excuse of the inability of the Indian state to meet the fiscal requirements for expanding social security coverage is no more acceptable. Nor can the government wash its hands from providing budgetary support for social security to the vast population suffering from deprivation and vulnerabilities. They have to set their priorities in sync with the guiding principle of Antyodaya and bring back the last man in the queue as the focal point of their policies. The new government has already spent one year in office and it is high time that it comes up with new thinking on how to provide a rights based-social security framework to all citizens. They have raised the expectations of the voters and they are not going to be satisfied with numerical or positioning juggleries anymore.

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Published in Current Affairs Survey July 2015

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