Nrega & Nation building

NREGA AND NATION BUILDING
Nation building
Definition-: Nation building refers to the process of constructing or structuring a national identity using the power of the state. Nation-building can involve the use of propaganda or major infrastructure development to foster social harmony and economic growth . Journalists sometimes use this term to refer to government policies that are designed to create a strong sense of national identity in the mind . Nation-building is the most common form of a process of collective identity formation with a view to legitimizing public power within a given territory. The term “nation-building” came into vogue among historically oriented political scientists in the 1950s and 1960s , Nation-building theory was primarily used to describe the processes of national integration and consolidation that lead up to the establishment of the modern nation-state--as distinct from various form of traditional states, such as feudal and dynastic states, church states, empires, etc . The other accepted understanding was that Nation-building is a key concept of foreign, security and development policy in the 1950s and 60s, in particular. At that time, it was closely related to the modernization theories . Nation-building is, a process of socio-political development, which ideally – usually over a longer historical time span – allows initially loosely linked communities to become a common society with a nation-state corresponding to it . Building a nation is not only by 'encouraging' arts and culture to 'flourish' using government funds.
Various aspects of nation building-: After examining these different definitions of nation building, we have concluded that there may be many aspects of nation building. But it is also the process which aims at the unification of the people or people within the state so that it remains politically stable and viable in the long run. In short we can say that there are many factors which contribute to build a nation, such as societal development, social justice, there should not be any gap between elite class and backward class. We will examine these aspects one by one.
Social aspect- To build any nation-state the development of its society is of utmost importance. We can argue that nation-state can be built by balancing the gap between lower class and upper class people, abrogating all kinds of discrimination like untouchability between lower and upper castes, equality between the genders etc. and all such measures that ensure social justice.
Economic aspect- if we talk of the economic aspect of nation building it is all about the development of a nation state’s infrastructure, per capita income. However, it has also been argued by well known economists like Amartya Sen who holds the thesis that development does not mean the growth of the economy per se but development entails (rather should entail) a simultaneous 'growth' of sectors including the protection of the environment, security of the civil society, growth of freedoms etc.
Political aspect- Political development is an essential ingredient of nation building. We can develop our political environment by ensuring protection of our minorities, backward classes, by filling the gap between elites and the masses, ensure transparency in political processes like the Right to Information Act etc.
Constitutional interpretation of NREGA
Right to dignity is a universal right, for the recognition of which the United Nation’s General Assembly on December 10, 1948 adopted and proclaimed the Universal Declaration of Human Rights (UDHR). In the Preamble of the UDHR declares “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family .” In the Indian Constitution everybody has been provided with the right to life and personal liberty . In NREGA scheme; the main objective of the scheme is ‘to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least 100 days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work . Constitution of India, Article 21 talks about fundamental rights. It says that no person should be deprived of his life except according to the procedure established by law . Fundamental rights gives us right to life with dignity and to maintain these rights the state has its directive principles of state policy. Life with dignity without a guaranteed income source is a travesty. Article 41 of Indian constitution gives an opportunity to work. It says, "The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work in case of unemployment ." If we see the condition of Indian unemployment when NREGA was implemented, the number of unemployed persons in the country was estimated to be around 90 lakhs (9 million) . This is a report from November 2005 and NREGA was implemented by the Lok Sabha on 23 August 2005. So the time was opportune to pass an Act like NREGA, according to Article 41 of Indian constitution.
Why is there an act?- There have been numerous employment schemes in the past: the Employment Assurance Scheme (EAS), National Rural Employment Programme (NREP), Jawahar Rozgar Yojana (JRY), Sampoorna Grameen Rozgar Yojana (SGRY), National Food For Work Programme (NFFWP), among others. Most of them have failed to bring any security in people's lives. An Act provides a legal guarantee of employment. This places a judicially enforceable obligation on the state, and gives bargaining power to the laborers. It creates accountability. By contrast, a scheme does not involve any legal entitlements, and leaves laborers at the mercy of government officials. A scheme can be trimmed or even cancelled by a bureaucrat, whereas changing a law requires an amendment in Parliament. After this Act, the government is bound to provide employment to each and every household of the rural population. That is why it was so necessary to have an act.
NREGA an Introduction
On 23rd August 2005 after a long struggle, this Act National Rural Employment Guarantee Act 2005 passed by the Indian parliament and it came into force from 2nd February 2006 in 200 districts of India. After that it was implemented all over India. This Act gives guarantee to provide 100 days of employment in each household of rural India. People those who are agree to do work on minimum vages100 rupees per day, they are qualified to get the job within 15 days as near as possible from their house. In NREGA the works are to be decided by gram Panchayat thst what work should be done when it should be done or where it should be done? Article 1 of this Act recognizes 8 types of works under this scheme, like water harvesting, drought control with plantation, irrigation canals development, land reforms of OBC's and SC's and ST's, repairing and development of traditional pounds, lands development, development of roads to reach each and every village in any season . There are certain provisions in NREGA for transparency, such as the work of registration should be in front of public, the list of registered people should be published in Gram Panchayat office and it should be updated every three months, some of the rights of labors should be printed behind the labor’s job cards, the details of work should be written as it should be come to knowledge of each literate person, there must be obeying of right to information act etc.

Provision of NREGA
This act gives guarantee to provide 100 days of employment guarantee each household of rural India, where household means a family who cooks his food along with. In this act the adult person of any house hold who has registered and are willing to work voluntarily on minimum wages of 100 rupees per day. To get the employment people have to apply for the work in his Gram Panchayat, where he gets a receipt and he is allowed to get job within 15 days within the 5 kilometeres radious of his house. If it does not happens then he is also entitled to get travel allowance. People who do not get job within 15 days he is entitled to get unemployment allowance. This act provides task basis works not the time basis, where tasks basis means people have not to do work entire day, he has to do only that much work which has allowed to him by the mate. They can go their home after completing their work at the work site ,execept the mate and water provider man. For the taking rest of the labors they have been provided various facilities such as arrangement of shadow at work site, arrangement of water provider, for the ladies those who is having their child below the age of 6 year she gets the facility of a lady among those workers who gets same wage as others get and who used to take care of that child. More than that; there must be medical kit at work site for first aid. The most important thing is that “in case of accident of employed person under this scheme; died or becomes disable on work site, he gets compensation of rupees 25000 for that .
Relation Between NREGA and Nation Building.
After examining all the aspects of nation building we understand that nation cannot be built only by the building infrastructure. To build a nation it is necessary to build economy of that particular country, the society of that nation should be aware of their rights, there must be women empowerment, everybody should be get food easily. So we can say that NREGA has all these solutions, which we are going to describe following.
NREGA is alternative to migration-: In NREGA survey 2008 it was found that 57% of NREGA workers stated that NREGA has helped them to avoid migration, 35% of them stated that NREGA has helped them avoid demeaning to hazardous occupations . For example we take Bihar where there is more migration. As a result the burden of more population becomes so much on other places that it is not easy to control. For example we can see the condition of Maharastra and Assam where Bihari and other north Indian people are being beaten up by locals. In Bihar the implementation of NREGA is also a failure. In some of villages of Arwal and Jehanabad districts (of which the poorest were picked), every one in two households had a job card, implying that the other 50% of households do not have access to the benefits of the scheme . Similar is the case of entire Bihar in NREGA implementation. Minister for Rural Development, Dr C.P.Joshi said, "Bihar has failed to utilise the funds allocated under National Rural Employment Guarantee Act (NREGA)." His ministry had released a sum of Rs 1300 crore under NREGA to the state "but unfortunately, the amount is yet to come to use in the drought-hit Bihar if there would have been proper utilization of funds there would have more people heve got employment and the situation of migration would not have come in front of Bihari labors. But on the other hand if we see the condition of Rajsthan where NREGA is working more effectievely after Tamil Nadu. In Dungarpur (Rajasthan), where some people had even returned from Mumbai and places in Gujarat on hearing that NREGA work was available in their villages. More than half (57 per cent) of the sample workers stated that the NREGA “helped them avoid migration”, and a similar proportion (also 57 per cent) felt that migration had decreased in their villages after the NREGA was launched . In NREGA successful state like Andhra Pradesh. Karnataka, Keral, Gujraat,Tamilnadu,Maharastra Rajsthan where share of wages in total expenditure is accordingly, rupees 86,60, 89,65, 96,95, 73 where as in Bihar it is very less only 59 rupees per labor as a result there is more migration from Bihar as compare to these states. Even earlier among these states had little bit problem of migration but now it is getting solved.
NREGA as a women empowerment-: As I have discussed above to build any nation or state it is necessary to empower the women of that state. Here NREGA is that scheme where there is provision to give benefit appointment of one third of registered women within given application in block for work . According to NREGA factsheet 2006-07 there is 40 % contribution of women in NREGA work and at present the contribution of women in NREGA is 52.54% Moreover; if on any work site women are working and they are having any child of below 6 years and this case is with more than 5 women then there is a provision of one more lady to take care of those children . The most important rule is that during the appointment under this scheme, merely on the basis of sex, there should not be any discrimination, and it is necessary to obey the provision of equal labor act 1976, 25 of 1976. At last I would like to share a fact from my field survey. In more than 50 work sites in Rajsthan different districts like Rajasmand, Ajmer, Bhilwada, Pali where I found that most of the women worker told that after getting job in NREGA she is not more dependent on her husband’s obligation, because now she has her own earned money, she can take any decision regarding her money.
NREGA allround development-: Since we have discussed that in NREGA works like water harvesting,drought control with plantation, irrigation cannal development, land reforms of OBC's and SCs and STs, repairing and development of traditional ponds, lands development, development of roads to reach each and every village in any season. Now the main thing to consider is that if water harvesting would be done properly it will be helpful to maintain water level, and in this water scarcity if the country gets control over water scarcity it will be very much helpful for development. Now take drought control, since Indian agriculture is based on monsoon so if the drought control, irrigation program are to be developed then it will be helpful for our agriculture; and we know that what is the role of agriculture is to develop our country. Coming forward we discuss a very necessary thing is that the development of lower class in society is as much important as the development of others, so NREGA is with the idea of development of SCs, ST’s, OBC’s land and house development, those who has got home under any government scheme. And last but not the least the repairing and development of roads are very much important because roads are very much important for transportation. If there would be good roads in rural area the only they would be supply of agriculture products from the villages. In NREGA the roads development program is also there so it will help for any kind of transportation.
Lifeline for poors-: Pre implementation of NREGA there was very less opportunity of works in rural India. Always farmers used to suffer from seasonal unemployment. Since this is the scheme which provides job of 100 days each family whenever they want. So in case of seasonal unemployment people are able to earn something for their livelihood. Moreover the people those who did not used to earn at all they have started earning. According to nrega survey 2008 69% of NREGA workers said that it has helped them to avoid hunger,47% of them stated that nrega has helped their family to cope with illness Other things is that the women are employed in NREGA at the one hand they are earning in village and other hand their other family members goes outside in the search of work and earn there, as a result where the villagers had only one source of income by migration at the same time they are getting two source of income ; which increase per capita income of our country.
NREGA social reforms-: NREGA has played pivotal role in social reformes, after implementation of NREGA, in rural area now the poor farmers have more money as compare to past. Earlier they used to lend the money from money lenders of village, but now they are not so reliable on them, so the dominant of moneylender have decreased and the social status of poor farmers have somewhat resolved. Another thing is that the women empowerment as I have already discussed that it empowers women to be selfdepedent and to get decision making rights. At last the work of land development owned by schedule caste, schedule tribes and below poverty line people it is very helpful to maintain their social status in current society

NREGA Reality or Myth
National Rural employment Act launched in 2006 firstly in 200 districts and now it is spread all over the India. During these 2 years NREGA has achieved many goals where as it also has failed to achieve many of its main goals. Another thing is that most of the data are available is not as much as practicle as it is in reality. I am sharing some of my experiences with NREGA workers which I have experienced with and 60 work sites of different areas of Rajsthan. I did not find a single worksite where the labors are being paid total 100 rupees per day. Only one site near Barar, distric Rajsamand Rajasthan where they were being paid 95 rupees per days on that site the number of labors were 160. In a gram Panchayat Thikarwas the receipt of demand of work had been given to labors where there was no any signature of the Sarpanch. In some of the village near Bhim tehsil people were given job 5 kilometeres from their house. If we talk of work site facility during my field work among 60 worksites only 5-6 worksites had full worksite facility, the worksite of barar was also one of them. The most vibrant matter was that the workers were not being paid on time. In a public hearing by an NGO named MKSS in Jhalawad, Manohar Thana in the last period of June 2009 it was found that there are some of the labors who got 7 rupees -14 rupees per day as minimum wages. There is a provision to pay the wages within 15 days of ending work but except two among those 60 worksites not a single worksite had been paid since last 2 months- 3 months and for that there was dharana organized by us in front of SDM office. But after even so much delay in payment there were no any case of unemployment allowance was found. In my field work I have seen that in absence of illiteracy the many of the labors were allotted more works in respect of fixed given works and the mate who allots work makes fake attendance of absent labors. One day in Barar Panchayat there were 17 fake attandence were cought by one NGO activist Shankar singh.
Conclusion
At last I would like to conclude that the act NREGA is very much relevant for rural development and a nation can be built when its village will be developed. This is an act which is doing work like canal development for irrigation facility, and the works of NREGA is labor oriented, there is no use of any kind of technology so it will take more time to complete it without the use of technology. At last I would like to say the NREGA in rule and presented data are different from NREGA in practice. It is looks like a myth. But the government has no other option but to give employment to rural people in these times of unemployment and hence is very much relevant to develop our country all round. It helps build our nation.
Done by-: Kundan Kumar Ojha (B.A.LL.B, 3rd sem)
KIIT LAW SCHOOL, Bhubaneswar.