My article "Need for revising norms including old parents to raise the wage" published in today's (18.10.2022) editorial of Kalinga Chronicle, the popular English Daily from Odisha. Thanks to the entire editorial team of #KalingaChronicle.
Since the Minimum Wages Act, 1948 was not complete in all aspects to provide the exact norms for fixing or quantifying minimum wages statutorily, the 15th session of the Indian Labour Conference (ILC) held in July 1957 constituted the basis for fixing minimum wages in India stating that the minimum wage should be need-based and ensure the minimum human needs of the industrial worker. Accordingly, it formulated five norms to serve as a guide for all wage-fixing authorities; (i) three Consumption Units (CU) for one wage earner without incorporating the earnings of women, children and adolescents; (ii) a minimum food requirement of 2,700 calories per adult person per day ; (iii) clothing requirements at 72 yards per annum for an average working family of four; (iv) a house rent corresponding to the minimum area provided for under the Government's Industrial Housing Scheme; and (v) 20% of total minimum wage for fuel, lighting and other miscellaneous items.
But, considering these norms inadequate taking into account the socio-economic aspect of the wage structure, in 1992, the Hon’ble Supreme Court of India (SC), in the historic Workmen v Reptakos Brett & Co. judgment (1992) instructed to add few additional components, namely: children’s education, medical requirements, minimum recreation including festivals / ceremonies, and contingencies such as old age and marriage. The SC also directed that these consumption items should constitute 25% of the total minimum wage. In line with the norms set by the 15th ILC (1957) and the SC judgment (1992), the wage-fixing authorities at central and state level have been setting minimum wages for their respective “scheduled” employments under the Minimum Wages Act, 1948. As aware, the Government of India has regularly set up Central Pay Commissions (CPC) to review and make recommendations on the work and wage structure of public employees. Six of the seven Pay Commissions so far have used the 15th ILC norms to calculate the minimum pay. In fact, the Seventh CPC, in its 2015 report confirmed that the use of the ILC 1957 norms constitute “the best approach to estimating the minimum pay as it is a need-based wage calculation that directly costs the requirements, normatively prescribed to ensure a healthy and a dignified standard of living”.
Thus, the above 3 CUs of the wage earner devised by 15th ILC (1957) and subsequently accepted by the SC in 1992 considered the male as 1, female as 0.8 and the two children each as 0.6 CU respectively. It doesn’t include the parents of the wage earner. At the time of entry to the job, the wage earner may not have his/her spouse and children but must have the parents. But most surprisingly, while the ILC ignored the parents of the wage earner from the definition of a typical Indian family for computing the minimum need-based wage, the Hon’ble Supreme Court of India unfortunately also restricted the additional components like medical requirements and contingencies for old age etc. to the wage earner only.
The people of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs, i.e., marriage, divorce, succession, etc. Historically, irrespective of religion and faith, the traditional, perfect and beloved family in India is the joint family which, in addition to the wage earner, his spouse and children consists of three to four living generations, including uncles, aunts, nieces, nephews and grandparents living together in the same home. The maintenance of all such family members on the part of the wage earner is not only ethical, but logical and legal also. But while attempting to increase the minimum wages through the above legislative changes, neither the ILC nor the SC did consider the potential consequences on these demographic groups.
It is needless to state that in the present day society, the old parents are frequently witnessed to be seriously ignored and abused by the wage-earners who prefer to live in a nuclear family with his wife and children only. Hardly any wage-earner is shouldering the burden of the parents during their old age. One of the main reasons for such estrangement and abandoning the old parents by Indian youths is money or finances. A study conducted in June 2020, by the NGO Agewell Foundation, 71 per cent of India’s elderly reported an increase in maltreatment during the first Covid-19 induced lockdown. As a result, now the concept of old-age home is mushrooming in Indian society where the neglected parents are being sheltered which is too piteous. According to the Report of the Technical Group on Population Projections for India and States 2011-2036, there are nearly 138 million elderly persons in India in 2021 and it is further expected to increase by around 56 million elderly persons in 2031. There are 18 million homeless elderly persons in India based on the Longitudinal Ageing Survey of India 2020. Currently, there are 728 old age homes, both private and public in India providing different geriatric services.
In this context, it is worth mentioning here that Maintenance and Welfare of Parents and Senior Citizens Act, 2007 casts obligations on children to maintain their parents/grandparents and also the relative of the senior citizens. Here, children include son, daughter, grandson, grand daughter, son-in-law, daughter-in-law and maintenance includes provision for food, clothing, residence, medical attendance and treatment. Similarly, as per the Act, parent means father or mother whether biological, adoptive or step father or step mother. In addition, Section 125 of the Criminal Procedure Code, 1973 which is secular in nature and applicable to all individuals equally irrespective of their religion, provides maintenance for the wife, children and parents. Above all, the Central Civil Services (Conduct), Rules, 1964 include the dependent parents of the Government employee in the definition of family for the purpose of availing Leave Travel Concession (LTC), Medical Treatment etc. As such, the old dependent parents should not be ignored from the purview of the family while computing the minimum need-based wage and a family for the purpose should be considered for 5 CUs including the parents of the wage-earner as 2 CUs (Father 1CU and Mother 1CU) instead of existing 3 for fair play of justice. The increase in minimum wage determined as such will certainly change the behaviour of the wage-earner towards his/her old dependent parents in a positive way and thereby increase the ability to spend more quality time with them reducing the estrangements.
Now, the Hon’ble Supreme Court of India may take a sou motu cognizance of the issue and give a direction to all the wage-fixing authorities to consider the family as 5 CUs instead of the existing 3 for computation of minimum need-based wage which will be another landmark for protection of the senior citizens of this public welfare country in addition to reducing the frequent agitations made throughout the year by different Trade Unions across the nation in this regard.
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