ASHADEEPA SCHEME AND ACCESS TO JUSTICE

The Ashadeepa scheme, especially in the context of this study, implies a situation of ‘access to
justice.’ The notion is very well elaborated upon, especially by the United Nations and under the
rule of law. To further substantiate the notion of ‘access to justice’ which stands as the essential
underpinning of the project, it is imperative to note that the UN opined that “legal access or
access to justice is a fundamental tenet of the rule of law. People cannot exercise their rights,
confront prejudice, make their voices heard, or hold decision-makers responsible if they do not
have access to justice. The High-Level Meeting on the Rule of Law’s Declaration highlights the
universal right to equal access to justice, including those who belong to vulnerable groups. It
also reaffirms Member States’ commitment to doing everything within their power to provide
equitable, transparent, efficient, accountable, and non-discriminatory services that support
justice for all.”1 Rule of law and Human Rights Global Programmes stand at the heart of the
notion of ‘access of justice.’ Since justice is necessary for achieving sustainable peace and
development, access to justice is central to the 2030 Agenda. States pledge to ensure that
everyone has access to justice under SDG 16 (Peace, Justice, and Strong Institutions),
acknowledging that this is a crucial sign of inclusive and peaceful society. However, obtaining
access to justice is also necessary to promote inclusivity, oppose discriminatory behaviours, and
gain access to necessities like clean water, energy, and healthcare. Further, legal representation
and legal advice can be expensive, which is one of the main barriers to obtaining justice.
Programmes for legal assistance play a key role in improving access to justice. Member states
agreed to take all necessary actions to offer equitable, transparent, effective, non-discriminatory,
and accountable services that support everyone's access to justice, including legal aid, at the
High-Level Meeting on the Rule of Law Declaration.2 The department of justice (DoJ) in India
too, elaborates on the presence and importance on the access to justice.3

It further provides the “Designing Innovative Solutions for Holistic Access to Justice in India
(DISHA)” Central Sector Scheme is implemented by the Access to Justice Division to promote
access to justice. The above definitions, objectives, examples, and abstractions of the

1 UNITED NATIONS AND THE RULE OF LAW,

https://www.un.org/ruleoflaw/thematic-areas/access-to-justice-and- rule-of-law-institutions/access-to-justice/, (last
visited Apr. 17th 2024).
2 RULE OF LAW AND HUMAN RIGHTS GLOBAL PROGRAMME,
https://2020rolhr.undp.org/focus/access-to-justice/, (last visited Apr. 17th 2024).

3 DEPARTMENT OF JUSTICE, INDIA, https://doj.gov.in/division/access-to-

justice/#:~:text=Access%20to%20Justice%20Division%20implements,in%20India%20(DISHA)%E2%80%9D.,
(last visited Apr. 17th 2024).
importance of the access and necessity of legal equality and justice which has taken the form of
the Ashadeepa scheme as means to encourage private sector industries / companies to provide
employment opportunity to the persons belonging to SC & ST categories so as to ensure social
justice.4 The Karnataka State Government announced the scheme in its 2017-18 budget. Just like
the development of DISHA as a scheme in the quest for the speedy and efficient access to and
dissemination of justice. Under the scheme, the reimbursement of the employers’ contribution of
ESI & PF pertaining to SC & ST category of employees for a period of 2 years from date of first
appointment and in case of appointment on contract basis for a period of 1 year. During the year
2017-18 a budget of Rs. 40.00 crores, 2018-19 3.24 crore budget was released. During the
2019-20 a budget of Rs. 4.33 crore was allocated for implementation of the scheme. For the
effective implementation of the scheme, Karnataka State Workers Welfare and Social Security
(Ashadeepa Scheme) Society has been registered under Karnataka Society Registration Act,
1960.5 Given that a similar scheme already exists, it has been altered to make it more appealing
and well-liked. According to the updated scheme, the State Government will pay the incentive to
the apprentice trainee recruited per the Apprentice Act for a restricted amount of time regarding
the SC & ST categories. The State Government will contribute to the allowances that both Full
Term and short-term apprentice trainees will receive under the plan. If the employer hires
individuals from the SC and ST categories after completing apprentice training, the State
Government will return a portion of the monthly payment. (the website with the official
notification was last updated on 13-03-2020).6

The object and intent with which the Scheme was created was clearly to ensure equity and
disposal of accessible justice. The Scheme ensures this by keeping the following in mind. The
makers of the scheme intend: (i) the creation of employment opportunities to the candidates
belonging to SC and ST categories; (ii) the improvement of the socio – economic condition of
SCs and STs; (iii) the encouragement of the employment of SC s and STs, the contribution
towards ESI and EPF paid by the employer for such candidates is being repaid to such
employers; and (iv) the repayment of stipendiary amount to the employer, paid to the

4 LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, https://labour.karnataka.gov.in/info-

2/Ashadeepa+Scheme/en, (last visited Apr. 17th 2024).
5 KARNATAKA STATE UNORGANIZED WORKERS SOCIAL SECURITY BOARD, GOVERNMENT OF
KARNATAKA, https://ksuwssb.karnataka.gov.in/info-2/Ashadeepa+Scheme/en, (last visited Apr. 17th 2024).
6 Supra note. 5.

apprentice trainees. Further, keeping in mind the underpinnings of the motivations of the notion
of equitable and easy access to justice, the following benefits are derived from the scheme:7

1. Reimbursement of ESI and EPF contribution to the employers: The private sector
employer who newly employs SC and ST candidates, will be reimbursed the ESI and
EPF contribution paid by him belonging to such employees for a period of 2 years,
subject to maximum limit of Rs.3000/- p.m. per candidates. In furtherance, Two of the
two primary statutory social security organisations overseen by the Indian government's
Ministry of Labour and Employment are the Employees’ State Insurance; the other is the
Employees' Provident Fund Organisation. The Employees' State Insurance Corporation
(ESIC) oversees the fund's management in accordance with the guidelines provided in the
ESI Act 1948; and the Employers’ Provident Fund. The latter, under the EPFO is
responsible for managing the basic pension plan, the death/disability insurance plan, and
the required provident fund. It also oversees the management of international social
security agreements as well. In nations where bilateral agreements have been reached,
international workers are protected by EPFO programmes and there are 19 such
agreements in effect as of May 2021.
2. Reimbursement of Stipend paid to apprentice trainees: It is a well – known fact that the
objective of the current scheme is not only to encourage employment opportunities in the
private sector factories and establishments, to the candidates belonging to the SC/ST
castes, thus even the formulation of incentives and benefits has been done in a manner to
target this specific group. The stipend amount under Apprenticeship Act, 1961 paid to the
Apprentice Trainees belonging to SC and ST categories, who are undergoing training for
a period of One year Normal and Two years Comprehensive Training, will be reimbursed
for a maximum limit of Rs.5000/- p.m. per candidate and subject to 2/3rd of the total
amount paid by them.
3. Reimbursement of salary for appointment after completion of Apprentice Training: An
additional benefit quite novel has also been introduced. The incentive of reimbursing the
individual after the completion of their apprenticeship programme, functions as a
monetary benefit in itself, thus attracting more of the target audience who majorly lie in
the poorer sections of the society. The benefit includes that if the employer who has given
apprentice training to the candidates belonging to SC and ST categories, employs
7 Id.

the same candidates in permanent posts, 50% of the salary subject to a maximum limit of Rs.
7,000/-p.m. per candidate will be reimbursed for a period of 1 year.

INTRODUCTION

The ILO defines social security as” Social security is the protection that a society provides to
individuals and households to ensure access to health care and to guarantee income security,
particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or
loss of a breadwinner.” and It also noted that only 20 % of people around the world enjoy social
security with all its benefits and also noted that the ones who do not have access to social
security are of the informal economy that is unorganized worker, as almost 82 % of India’s
labour force is indulging in the unorganised sector where 93% of Karnataka’s labour force
consists of unorganised workers. These workers with no access to social security cannot afford
their medical bills, their survival in the old age, unemployment benefit or any other family
benefits. This issue is the primary reason for welfare schemes such as the Ashadeepa scheme
which strive to provide for social security for these workers so they are not left destitute. The
peculiarity of the scheme is that it focuses on a particular class of people, the SC/ST caste
members due to their disadvantaged position in society especially the labour market which is a
peculiar but important issue to the geographical demographic of India and its respective states.

I. SOCIAL SECURITY FOR WORKERS: THE NEED FOR A TOTALIZATION

AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND INDIA (Stuti
Subbaiah and Eva Tanna)8

1. This paper emphasizes on the importance of social security as a human right and the
involvement of ILO in the same.

‘Social security is enshrined as a fundamental human right in major United Nations human rights
instruments. Despite this, at the onset of the twenty-first century, the majority of the world's
population, around 80%, still lack access to any form of social protection. Aligned with the
foundational principles outlined in the Preamble to the International Labour Organization (ILO)
Constitution of 1919, the global expansion of social security has consistently been a
8 Stuti Subbaiah & Eva Tann, SOCIAL SECURITY FOR WORKERS: THE NEED FOR A TOTALIZATION
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND INDIA,2.1NULJ 77(2012).

primary objective of the organization. This commitment was reaffirmed in 1944 with the
Declaration of Philadelphia, an integral part of the ILO Constitution, which underscores the
"solemn obligation" of the ILO to promote programs aimed at extending social security measures
universally.

These measures encompass providing a basic income to those in need of protection,

comprehensive medical care, as well as child welfare and maternity protection, thus extending
coverage beyond just workers to include all individuals requiring assistance. Achieving the goal
of universal social security requires the establishment of a "social security floor," ensuring a
basic benefits package for all those in need. Recent research conducted by the ILO indicates that
nearly all countries have the means to afford basic social security measures.’

2. The paper also discusses the legislation of social security and gives an assertive suggestion on
the importance of local schemes in encouraging the goal of the legislation.

Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act), its
applicability extends to scheduled establishments, such as factories, employing twenty or more
workers, as well as other establishments specified by the appropriate government through
notification. Additionally, contract workers are considered employees under the EPF Act, as per
Section 2(f)(i), which defines an employee as anyone employed directly or indirectly by a
contractor in connection with the establishment's work. Ensures terminal benefits to provident
fund, superannuation pension, and family pension in case of death during service. By this law,
the employer is required to contribute to the Provident Fund in the same way in which the
employee is required to make the contribution.

The EPF Act provides certain provident fund benefits to employees, and according to the EPF
Scheme, it is the principal employer's responsibility to make contributions for contract labour
engaged through contractors. These contributions can subsequently be recovered from the
contractor.

The primary focus of the act was to provide Family and Old age benefits as mentioned in the
Social Security (Minimum Standards) Convention, 1952.
Regarding the Employees' State Insurance Act, 1948 (ESI Act), it applies to all factories,
including government-owned ones, and other establishments to which the appropriate
government may extend its provisions through notification. Most state governments have

issued notifications extending the ESI Act to other establishments within their jurisdiction,
typically those employing 20 or more persons, although some states like Karnataka have
extended it to establishments with 10 or more employees. The Act provides for comprehensive
medical care to the employees and their families as well as cash benefits during sickness and
maternity, and monthly payments in case of death or disablement.

Similarly, contract workers are recognized as employees under the ESI Act, as outlined in
Section 2(9)(iii), which includes individuals whose services are temporarily lent or hired out to
the principal employer through a contract of service.

Under the ESI Act, the principal employer is initially responsible for paying contributions for
contract labour, which can then be recovered from the immediate employer, i.e., the contractor.

The Act focuses on medical benefits, sickness benefits, etc. As mentioned in Social Security
(Minimum Standards) Convention, 1952.

II. A CRITICAL ANALYSIS OF AMENDED LABOUR CODES (Diwakar Prakash

Garg)9

1. The Social Security Code

The issue of social security for workers in the unorganized sector, including migrant workers and
platform workers, has long been neglected in the development of labour laws. However, a new
regulation has been introduced, mandating the establishment of a "Social Security Fund" for
Unorganised Workers by the Central Government. Under this regulation, enterprises' employers,
referred to as aggregators, must contribute a percentage of their annual revenue to this fund,
typically ranging from 1% to 2%. This measure is particularly beneficial for millions of
self-employed and contract workers in the service sector, including those working for companies
like Ola, Uber, Flipkart, and Amazon, as gig and platform workers are now covered. Moreover,
the minimum service requirement for gratuity withdrawal has been significantly reduced from
five years to just one year. Despite these revisions, there remain gaps in how these rules are
implemented.

This paper criticizes the code in its failure to foster cooperation in contributing to social security
between employers and employees as follows;
9 Diwakar Prakash Garg,A CRITICAL ANALYSIS OF AMENDED LABOUR CODES,3.2 JCLJ1084(2023).

‘For a social security program to be effective, both employers and employees must contribute to
it. However, in the case of unorganised companies, this contribution is still optional and only
mandatory for those with less than ten employees, excluding a significant portion of workers in
the unorganised sector. This lack of mandatory support may hinder the fund's ability to provide
adequate social security benefits. Furthermore, there may be political tensions surrounding the
responsibility given to the central government in managing this program.

The overarching goal is to extend social security to all workers, regardless of whether they are
part of the organised or unorganised sectors. The Code on Social Security, 2020, which replaces
nine existing statutes, reflects this aim. The Central Government has the authority to apply this
Code to any institution meeting specified size thresholds through notice.’

III. GENERAL SURVEY CONCERNING THE SOCIAL PROTECTION FLOORS

RECOMMENDATION, 2012 (NO. 202)10

The survey and the conference following the same highlighted as follows; “Recommendation
No. 202 highlights the necessity for social security extension strategies to encompass individuals
both within the formal and informal sectors, aiming to foster the growth of formal employment
while reducing informality (Paragraph 15). This dual approach, as outlined in Recommendation
No. 202, is also evident in Recommendation No. 204, the Transition from the Informal to the
Formal Economy, issued in 2015. Both Recommendations stress the significance of social
protection floors in ensuring a basic level of coverage for those engaged in the informal
economy, along with the extension of contributory social insurance mechanisms.”

“The Committee emphasizes that, in a context of prevailing high, and even growing levels of
informality, 15 and persistent inequality, poverty and vulnerability, it is of the utmost importance
for national social security extension strategies to include effective protection measures for
workers in the informal economy and to facilitate their transition to the formal economy.
Guaranteeing at least a basic level of income security and essential health care for all through a
nationally defined social protection floor is essential to foster social justice and inclusive
development, and to promote decent and productive employment, as recognized in
Recommendations Nos 202 and 204. Social protection policies can also play a major role as an

10 Universal social protection for human dignity, social justice and sustainable development, Report III (Part B)
(2012).

integral component of national strategies aimed at transitioning towards formal employment with
a view to progressively achieving higher levels of labour and social protection for as many
persons as possible.”

This finding by the committee recognises the diversity of the issues in each geographical
demographic and recommends policy to recognise the unique faced by the informal economy of
a particular geographical demographic.

“The Committee welcomes the emphasis placed in Recommendation No. 202 on raising
awareness of social protection floors and extension strategies and recalls the key importance of
awareness in attaining universal coverage and more adequate benefits, particularly for persons in
the informal economy and vulnerable groups.”

The committee also emphasized the importance of awareness for effectiveness.

Conclusion

The Ashadeepa Scheme has the potential to minimize the gap identified in the social security
code, where the provision of reimbursement for the contributions made by the employers are
reimbursed initially which incentivizes the employers and employees to contribute to the ESI and
EPF which would contribute to the overall social security fund and include an unaccounted
demographic which would further in achieving the object of the ESI and EPF Acts.

The scheme also moves for unorganized workers to move to the formal economy which was a
recommendation by the committee of General Survey concerning the Social Protection Floors
Recommendation, 2012.
Emphasis on catering policies to national circumstances by the committee of General Survey
concerning the Social Protection Floors Recommendation, 2012 would also be fulfilled by this
scheme as it recognises the need for special classification of a sect of people who are
disadvantaged in a particular geographic demographic.

IV. COMPETITIVENESS AND RESILIENCE THROUGH SOCIAL SECURITY:

TOWARD A MORE INCLUSIVE SYSTEM11

11 Sabina Dewan and Prerna Seth, Competitiveness and Resilience Through Social Security: Toward A more
Inclusive System, Policy Brief (2022).

The General Survey concerning the Social Protection Floors Recommendation, 2012 also
emphasizes on awareness and access which this paper tackles one of the notable
recommendations by this paper is as follows;

‘Develop e-SHRAM into a comprehensive platform serving as a One-Stop-Shop for accessing all
Central and State schemes, while ensuring clear and stringent regulation governs its operations.

Continue enhancing the platform's architecture to facilitate API-based integration for seamless
data sharing, including linking with state schemes to enable registered individuals on e- SHRAM
to avail benefits from both central and state-specific schemes. Utilizing a single Unique
Identification number, linked to Aadhaar, can effectively track individuals' transitions between
occupations. e-SHRAM registration with a unique ID can maintain coverage for individuals even
as they move between different work statuses, such as from unorganised to organised work,
entrepreneurship, and back to organised employment. This system can also facilitate the creation
of an electronic work record, enabling, for instance, workers previously registered with EPFO to
continue voluntary contributions even after transitioning out of organised employment.

However, the utilization of digital tools must be closely regulated. While digital platforms can
enhance access to entitlements, they cannot address inherent deficiencies in scheme design,
access, or coverage. It's essential to ensure that workers who are unable or unwilling to register
through digital portals can still access social security entitlements through alternative means.’