In a significant ruling, the Karnataka High Court has annulled a controversial notification by the state government that drastically cut educational assistance for children of construction workers. The Court underscored that constitutional rights extend to all citizens, not just the privileged, and denounced the reduction as unjustifiable and regressive.
The notification, issued by the Karnataka Building and Other Construction Welfare Board (KBCWB) in October 2023, slashed assistance for undergraduate students from ₹30,000 to ₹10,000 and for postgraduate students from ₹35,000 to ₹11,000. Justice M. Nagaprasanna, who presided over the matter, described the reduction as a “rollback of benefits to a decade-old baseline,” condemning it as a violation of the rights of marginalized workers and their families.
“The State cannot stifle the rights of the poor, particularly when it comes to their children’s education. There is no plausible justification for reducing the assistance to such abysmal levels,” the Court remarked, while also directing the Comptroller and Auditor General of India (CAG) to conduct a comprehensive audit of the welfare board’s funds.
The Court’s directive came in response to allegations that the board had diverted welfare funds for administrative expenses. Despite collecting over ₹6,700 crore in cess intended for construction workers’ welfare, the board reportedly invested these funds in fixed deposits, earning interest instead of disbursing the money as intended.
Petitioners, including two workers, their children, and a trade union, challenged the notification, arguing that while the board claimed financial constraints, it had been overspending on non-welfare expenditures. Justice Nagaprasanna dismissed the KBCWB’s defense, calling their claims of a fund crunch “preposterous.”
“Educational support for underprivileged children must progress, not regress. The diversion of funds earmarked for welfare into administrative or wasteful expenditures cannot be condoned,” the Court stated.
The ruling also invoked precedents set by the Supreme Court, emphasizing that welfare provisions under the Building and Other Construction Workers Act of 1996 must be upheld without compromise. The judgment reinforced that constitutional promises of dignity and rights apply equally to those living below the poverty line, such as construction workers.
The Court called for immediate measures to halt the misuse of funds, declaring that the rights of construction workers cannot be trampled by state authorities or welfare boards acting irresponsibly.
This landmark judgment sets a powerful precedent, signaling that the rights of marginalized communities must be safeguarded against arbitrary actions by the state.