Migrant Workers Crisis - Issuing Ration Cards On The Basis Of 2011 Census Might Be Injustice : Supreme Court To Union Govt

The Supreme Court, on Thursday, in an application seeking compliance with its judgment regarding problems and miseries of migrant labourers indicated that modalities have to be worked out by the Central and State Governments to ensure that migrant workers are provided ration at any cost. A Bench comprising Justices M.R. Shah and B.V. Nagarathna asked the Union Government to come out with a scheme/policy to ensure that the benefits under the National Food Security Act, 2013 (NFSA) is not restricted as per the 2011 census. Right to food being a fundamental rights recognised under Article 21 of the Constitution of India, 1950, the Bench opined, more and more needy persons be extended the benefit of the statute. As the affidavit submitted by the Union Government, the Ministry of Labour and Employment, has developed a "National Database of Unorganised Workers portal" and "eShram portal" for registration of unorganised workers including migrant workers spread over 400 occupations such as Building and other Construction workers, Agricultural workers, Self-Employed workers, Asha workers, Anganwadi workers, Fisherman, Dairy workers etc.At the outset Additional Solicitor General, Ms. Aishwarya Bhati had submitted that the registration on the portal, through which migrant workers can avail the benefit of certain schemes, is going on. She apprised the Bench that in order to encourage the process of registration, camps are being organised. For the said purpose the provision for self-registration has also been made available now. The Central Government has provided targets for each State, so that they have an estimate of the number of workers they have to cater to. The State Governments have also have also received one-time financial assistance for setting up infrastructure. To mobilise registration on eShram portal States/UTs have been provided funds of INR. 19.70 crores. Ms. Bhati submitted that some States like U.P. and Odisha have exceeded the target. States like West Bengal, Chhattisgarh and Uttarakhand have already met 90% of the target. The Bench expressed disappointment while taking note of the fact that there were several States, like Maharashtra, Tamil Nadu, Telangana, Gujarat, Karnataka, which are yet to reach the 50% mark. Justice Shah remarked that migrant workers being the backbone of the society, there rights cannot be ignored - "In a welfare society, in our country, two persons are most important - farmers and migrant labourers. Migrants play an important role in building the nation. They cannot be ignored at all."He also suggested the respective State Governments need to make efforts to reach out to the workers. "If the needy cannot reach the well, the well has to go to the needy and thirsty people."He added that the Government can reach out to the contractors under whose supervision the migrant labourers work - "The concerned State Governments have to ensure the benefits reach them. Why don't you go to the places where they are working;...issue circulars to all contractors that unless their names are registered on the portal you would be responsible. Everybody has to try. There are contractors everywhere now."In view of the same, the Bench directed the State that are yet to reach the target registration to complete the same within a period of six weeks. Upon completion, they are to submit a report to the Union Government. As Ms. Bhati listed out the many beneficiary schemes made available for the workers, Advocate, Mr. Prashant Bhushan appearing on behalf of the petitioners apprised the Bench that the exercise to re-determine coverage under the National Food Security Act has not been undertaken and therefore a large number of the workers have not been issued ration cards. He emphasised that in the affidavit filed by the Central Government, it is stated that the coverage has been determined as per 2011 census report, since due to the COVID-19 outbreak and the consequent restrictions, the 2021 census has not been undertaken as on date. He apprised the Bench that the Health Ministry has the population projection which can be used for the said purpose, as it would definitely cover more people than the 2011 census report. He submitted - "….most migrants do not have ration cards, this current number is based on the 2011 Census and not 2021. But the Central Government says that in 2021 there was a pandemic; we couldn't do a census. The Health Department has a population estimate but they said they can only go with Census data. There lies the heart of the problem.To demonstrate the extent of deprivation the reliance on the 2011 census report has caused, he informed the Bench that out of 60,980 migrant workers in the State of Telangana only 14,000 are with ration cards, i.e. 75% of the migrant workers in the State do not possess ration cards. Agreeing that the population figures have definitely gone up drastically in the past decade, ...

Migrant Workers Crisis - Issuing Ration Cards On The Basis Of 2011 Census Might Be Injustice : Supreme Court To Union Govt

Sohini Chowdhury

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