GEORGE PULIKUTHIYIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition, filed in public interest, seeks to emphasise the need to strengthen the social audit mechanism under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, and calls upon the State of Kerala to take proactive measures in that regard.

(2.) The Petitioner, being one of the first Ombudsman of the Mahatma Gandhi National Rural Employment Guarantee Act Kerala State Mission, asserts that he has first-hand knowledge of the vulnerabilities and lacunae in the implementation of the Mahatma Gandhi National Rural Employment Guarantee Schemes in the State of Kerala and from his experience, he claims that the process of Social Audit of the Schemes is always being undermined by the State by inclusion of those who are not qualified and by those connected with the implementation of the Scheme, nullifying the object of independent Social Audit.

(3.) The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act of 2005) was enacted to improve livelihood security in rural areas. The earlier schemes did not guarantee employment on demand and had a limited reach. The Act of 2005 provides for the establishment of a Central Employment Guarantee Council and State Employment Guarantee Councils to oversee implementation. The National Employment Guarantee Fund is to be created by the Central Government, and State Governments may set up similar funds. The Act of 2005 includes provisions to ensure transparency, regular audits, grievance redressal, and penalties for non-compliance. It also lays down the minimum conditions and entitlements under the scheme. The Act of 2005 confers a statutory right of at least 100 days of wage employment in a financial year to every rural household whose adult members are willing to do unskilled manual work. If employment is not provided within the stipulated period, an unemployment allowance has to be paid. The Act envisions the establishment of large and complex machinery to alleviate rural unemployment, with substantial public funds being expended.