Abstract
India previously followed the central legislation namely Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) which was a rights-based, rural wage employment programme that legally guaranteed up to 100 days of paid unskilled manual work per year to adult members of rural households with the main aim of providing livelihood security. Despite its successful implementation in some regions of India there were multiple drawbacks of this Act. However, one of the core reasons for its shortcoming, was not adequately impressed upon in the arena of legal research. Hence, this paper aims to dissect that very issue. MGNREGA envisages a district level Ombudsman as a time bound, comparatively inexpensive and independent accountability institution. It had not yet evolved into a robust mechanism for enforcing worker’s statutory rights. Many States and districts even lack a functioning Ombudsman and where they do exist, rural workers have little to no awareness and access. Even the institutional dependence on the local administration undermines independence of this statutory body. The paper also discusses a few pertinent questions. Firstly, How does the appointment, tenure, removal, honorarium and infrastructural support affect the practical independence and ‘security’ of the Ombudsman under MGNREGA 2005? Secondly, How does the Ombudsman interact with other grievance redressal channels under MGNREGA 2005 and does the multiplicity of channels strengthen or dilute workers’ pursuit of justice and access to remedies? Lastly, are findings from the social audits on sham projects and corruption within the system, systematically referred and acted upon by the District Ombudsman?
Aside from a discussion on these questions, the paper also draws a comparative study across States, where Ombudsman relatively work well with those where Ombudsman are deemed to be absent and ineffective. Simultaneously, it also draws another comparative study between the MGNREGA 2005 and its substitute, Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB-G RAM G) Act, 2025.
Hence this paper focuses on this research problem and its main objective is to investigate why this grievance redressal body remains ineffective and how it can be reformed. The research methodology used in this paper is mainly doctrinal and comparative in nature.