Calcutta High Court Emphasises Resumption of MGNREGA Work Amid Ongoing Inquiry


  • September 26, 2024
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There is no doubt that corruption is fairly widespread in MGNREGA in West Bengal and also in many other states. Genuine rural workers in WB cannot be penalised for the corruption of few officials. The Chief Justice-led division bench of the Calcutta High Court today observed that MGNREGA must continue to operate even while past irregularities are investigated.

 

Groundxero | September 26, 2024

 

The Chief Justice-led division bench of the Calcutta High Court today observed that MGNREGA must continue to operate even while past irregularities are investigated. Additionally, the Court directed the Advocate General of West Bengal to come back on 3rd October 2024 with instructions from the state government about current provision of employment under the scheme.

 

In an important hearing today in Case No: WPA(P) 237 of 2023, Paschim Banga Khet Majoor Samity (PBKMS), a trade union representing MGNREGA workers, made a strong plea before the Chief Justice-led division bench for the immediate resumption of work under MGNREGA, pending the ongoing enquiry initiated to verify past payments and job card holders’ identities. The enquiry was ordered by the High Court in April 2024, but the livelihoods of thousands of rural workers have remained in jeopardy due to the halting of work under the scheme.

 

6.8 crores or about 60% of the West Bengal rural population uses NREGA as a source of income or as supplementary income. Almost all NREGA work has been stopped in the state since mid-2022. The union government, invoking Section 27 of the MGNREGA Act, had halted funds to the state, citing alleged irregularities in the scheme’s implementation. As a result, rural workers have been deprived of their statutory right to employment under MGNREGA for over two and a half years.

 

Paschim Banga Khet Majoor Samity (PBKMS), a union of rural workers have been protesting about the non-payment of wages and resumption of work. PBKMS has held repeated dharnas, deputations, road blocks etc., including a 60 days dharna in Delhi. Two court cases have also been filed.  The organisation continues to assert that denying work under MGNREGA is illegal and unacceptable.

 

There is no doubt that corruption is fairly widespread in MGNREGA in West Bengal and also in many other states. However this does not mean that there is no genuine work being done. Steps that punish whole states and populations for the faults of some officials cannot be condoned. Genuine rural workers cannot be penalised for the corruption of officials. PBKMS urged both the state and union governments to immediately resume MGNREGA work, put in place proper measures to stop corruption in the scheme, and ensure the timely payment of wages, even as investigations/enquiry proceed in accordance with the law.

 

The petitioners were represented by Senior Advocate Bikas Ranjan Bhattacharya and Advocate Purbayan Chakraborty.

 

 

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