NEW DELHI: The National Human Rights Commission (NHRC) has issued a reminder to the Secretary, Ministry of Social Justice and Empowerment, Government of India, to submit the required report on the implementation of the Social Security Code.
The NHRC has warned that if the report is not submitted, the Commission may be forced to initiate coercive measures under Section 13 of the Protection of Human Rights (PHR) Act, 1993, summoning the concerned authority for a personal appearance before the Commission.
This development follows a case filed by Supreme Court lawyer and noted human rights activist Radhakanta Tripathy, regarding the lack of implementation of the Social Security Code, which aims to cover vulnerable sections of society without social security.
The NHRC has given the Ministry four weeks to submit their response.
Tripathy has alleged that the non-implementation of the "Code on Social Security, 2020", notified by the Central Government, has severely affected the lives of people from lower-income groups.
The case notes that after the COVID-19 pandemic, the Supreme Court took suo-motu cognisance in its writ petition, titled Re: Problems and Miseries of Migrant Labourers.
Following this, the Central Government notified the "Social Security Code" in September 2020, to amend and consolidate laws related to social security, aiming to extend social security to all employees and workers in organised, unorganised, or other sectors.
The plea emphasised that the Code includes detailed provisions for the establishment of a National Social Security Board, as well as State Unorganised Workers Boards, defining their roles and powers.
Additionally, the Code outlines Provident Fund Schemes, Employees' State Insurance Corporation, and other welfare programmes.
Among these schemes are the Insurance Fund for payment of benefits and medical treatment to insured persons, provisions for accidents occurring during employment, occupational diseases, and permanent disablement benefits.
Separate chapters also define the roles of Central and State governments in administering these provisions.
It is alleged that while the Code was supposed to come into force from a date to be notified by the Central Government, it has not been properly implemented to date.
Due to the failure of both Central and State governments to fulfil their respective obligations, Tripathy has called for NHRC's intervention.
The Commission took cognisance of the complaint and directed the Secretary, Ministry of Labour and Employment, Government of India, and the Secretary, Ministry of Social Justice and Empowerment, to submit an action-taken report within six weeks.
In its proceedings on 2 July and 22 August 2024, the NHRC issued reminders to the Secretary of the Ministry of Social Justice and Empowerment, but no report has been submitted to the Commission so far.