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

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, Justice Shah orally observed that issuing ration cards on the basis of 2011 data might end up doing 'some injustice' to the people who are in dire need of food supply.

"Judicial notice can be taken that the population has increased. Going by 2011 might be doing some injustice to the needy person. In true perspective you have to consider that your own people who are needy are getting something. If you determine the quota on the basis of 2011, you might be doing some injustice."

He added -

"You have to see to it also that they have ration cards."

Justice Shah noted that a modality has to be worked out to ensure that the 'some injustice' does not persist.

"We are not on why census has not been done. We have to work out a modality so that more migrants can get the benefit."

It was highlighted by the Bench that there ought to be some schemes of the State Governments to provide ration.

In the context of the issue of the States' duty to provide adequate ration to the citizens, Justice Nagarathna remarked that no citizen of the country should die due to hunger.

"Ultimately in India no citizen should die of hunger. But that is happening. Citizens are dying of hunger. In villages they tie their stomach tightly with cloth; they drink water and sleep. They tie it tightly so that they can kill hunger."

Mr. Bhushan reminded the Bench that in its earlier order the Court had passed directions to the tune that irrespective of the fact whether the workers possess ration cards or not, they are to be provided dry ration.

In its order in July, 2021, in this regard the Bench had passed the following directions -

1. Central Government to undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered in Rural and Urban areas of the State under the Public Distribution System of NFSA as the coverage is still based on the 2011 census report.
2. State Governments to bring in place appropriate schemes for distribution of dry ration to migrant workers without insistence on furnishing of identity proof, and continue such schemes till the time the pandemic continues.
3. State Governments to run community kitchens at prominent places where large numbers of migrant labourers are found, to provide cooked food and continue this till such time the pandemic continues.

Considering Mr. Bhushan's submissions in this regard, the Bench was of the view that the grievance seems to be genuine and justified and asked the Union Government to take appropriate steps to remedy the situation. 

[Case Title: In Re Problem & Miseries of Migrant Labourers]

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