Migrant Workers Case: Supreme Court Directs Union To File Affidavit On Whether Directions Passed On Providing Ration Cards Have Been Complied

The Supreme Court today (September 2) directed the Additional Solicitor General, Aishwarya Bhati to file a comprehensive affidavit on behalf of the Union of India on whether the directions passed by the court in suo moto proceedings on granting ration cards to migrant workers and unskilled labourers and the subsequent passed orders have been complied with.BackgroundThe Court had taken suo motu cognizance of the problems and miseries of the migrant labourers by its order dated May 26, 2020 during the lockdown imposed due to the Covid-19 pandemic. From time to time, it issued orders on the transportation of migrant labourers from their workplace to their native places and providing dry rations without insisting on an identity card as well as cooked meals to the stranded migrant workers.On June 26, 2021, a bench of Justices Ashok Bhushan and M.R. Shah issued directions that the States and Union Territories must bring in place an appropriate scheme for the distribution of dry ration to migrant labourers and implement the “One Nation OneRation Card” scheme.Particularly, the issue raised by the intervenor, including Advocate Prashant Bhushan, was regarding the non-supply of dry ration to a large section of migrant workers, who are not covered under the National Food Security Act, 2013 (NFSA) and for those who do not possess ration cards. As per the current ration scheme, those identified as beneficiaries under the NFSA are provided dry rations as per the Centre and States' Schemes. If migrant labour is covered under the NFSA and has been issued a ration card under the Act, he is entitled to access the dry ration wherever he is, at his workplace also, in accordance with the scheme of the Central Government namely “One Nation One Ration Card".The bench of Justice Bhushan had disposed of the petition issuing directions in paragraph 80, which were:1. It is directed that the Central Government develop the Portal in consultation with the National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. We also impress upon and direct that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. We also impress upon and direct that the process of registration of the unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021. All the concerned States/Union Territories and the Licence Holders/Contractors and others to cooperate with the Central Government to complete the process of registration of migrant workers and unorganized labourers so that the benefits of the welfare schemes declared by the Central Government/State Governments/ Union Territories be available to migrant workers and unorganized labourers for whose benefits the welfare schemes are declared.2. The Central Government have undertaken to distribute an additional quantity of foodgrains as demanded by the States/Union Territories for distribution to migrant labourers under some Scheme framed by the States, we direct the Central Government, Department of Food and Public Distribution (Ministry of Consumer Affairs, Food and Public Distribution) to allocate and distribute foodgrains as per demand of additional food-grains from the States for disbursement of dry foodgrains to migrant labourers.3. We direct the States to bring in place an appropriate scheme for the distribution of dry ration to migrant labourers for which it shall be open for States to ask for allocation of additional foodgrains from the Central Government, which, as directed above, shall provide the additional foodgrains to the State. The State shall consider and bring an appropriate Scheme, which may be implemented on or before 31.07.2021. Such scheme may be continued and operated till the current pandemic (Covid-19) continues.4. The States, who have not yet implemented “One Nation One Ration Card” scheme are directed to implement the same by not later than 31.07.2021.5. The Central Government may undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered under the Rural and Urban areas of the State.6. We direct all the States/Union Territories to register all establishments and license all contractors under the Act, 1979 and ensure that the statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.7. The State/Union Territories are directed to run community kitchens at prominent places where a large number of migrant labourers are found to feed those migrant labourers who do not have sufficient means to procure two meals a day. The running of the community kitchen should be continued at least till the pandemic (Covid-19) continues.Subsequently, the Ministry of Labour and Employment ...

Migrant Workers Case: Supreme Court Directs Union To File Affidavit On Whether Directions Passed On Providing Ration Cards Have Been Complied

Gursimran Kaur Bakshi

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