November 3, 2010

Honorable Minister Dr. C. P. Joshi

Minister of Rural Development and Panchayati Raj
Government of India
Krishi Bhawan
New Delhi

Dear Dr. Joshi,

Please refer our meeting on October 28th, 2010 when a delegation from the SR Abhiyan met
with you regarding the non-payment of minimum wage under Rajasthan NREGS because of the
January 2009 Government of India (GoI) notification delinking the MGNREGA wages from
minimum wage. On July 3, 2009, the AP High Court suspended this notification stating, “by
suspending the operation of the impugned notification, sub-section (2) of Section 6 of the Rural
Employment Guarantee Act, would spring automatically into operation, treating as if the impugned
notification has not been made by the Central Government under sub-section (1) of Section 6”. At
the time you informed us that the Ministry of Rural Development had obtained a Supreme Court
stay on the Andhra Pradesh High Court order. You have made this assertion repeatedly in the media
as well. As per a news report in Hindu, it appears that your assertion was misinformed and that the
Government of India has been in contempt of the Andhra Pradesh High Court for more than one
year.
The NAC too in its last meeting on October 23rd, 2010 has recommended that “workers
should be paid minimum wages as notified under Minimum Wages Act 1948”. The constitutional
need to pay minimum wage is further endorsed not just by 15 of the most eminent jurists and
lawyers of the country, but also by the GoI’s own legal advisors, Solicitor General Mr. Gopal
Subramanium and Additional Solicitor General, Ms. Indira Jaisingh. Finally as per GoI’s own
internal documents, the Law Ministry has opined the Center must bear the full cost of the
MGNREGA as per the provisions of Section 22.

It is evident that there is no room for further delay. Legal, political and judicial consensus
mandates that minimum wages must be paid under the MGNREGA. There is also the moral
imperative of a democratic state to uphold constitutional values and thus immediately desist from
perpetuating “forced labour” while also respecting court orders.

As you know, Rajasthan NREGA workers are planning to observe a “Black Diwali” in
protest of the government’s continued violation of their fundamental rights. The SR Abhiyan urges
you to immediately implement Section 6(2) of the MGNREGA in all states to regain the state’s
democratic legitimacy and reestablish Congress government’s “aam aadmi” credentials.

Regards,
Nikhil Dey
For the SR Abhiyan