'Hungry Cannot Wait' : Supreme Court Gives Last Chance To Union/States To Implement Directions On Migrant Workers' Ration Cards
The Supreme Court today (October 4) restrained itself from issuing contempt notices and granted one last window to the Union and the States to comply with the orders of the Court to verify and give ration cards to those migrant workers and unskilled labourers found eligible under the e-Shram portal and also to those already verified, irrespective of States upper ceiling of food...
The Supreme Court today (October 4) restrained itself from issuing contempt notices and granted one last window to the Union and the States to comply with the orders of the Court to verify and give ration cards to those migrant workers and unskilled labourers found eligible under the e-Shram portal and also to those already verified, irrespective of States upper ceiling of food distribution under the National Food Security Act, 2013 (NFSA).
The Court said that failing to comply with this order would force it to call the Secretary of Food or concerned authority from States to explain the reason for non-compliance. It has directed States to file an affidavit where identification of eligible persons has been done but are yet to be ration card.
Although the suo moto proceedings were initiated during COVID to grant rations to migrant workers, the scope of the proceedings has been expanded to provide ration cards to migrant and unorganised labourers, who are registered in the e-Sharm portal of the Government of India but do not have ration cards and to those not covered under the NFSA on grounds that the right to food is protected under Article 21.
As per this, the States were directed to find out the number of migrants and unskilled labourers eligible for the ration cards including those who have become ineligible subsequently. Those eligible were to be verified through KYC and were to be registered under the e-Shram portal to receive ration cards and ration.
On the last proceedings, it directed the Additional Solicitor General, Aishwarya Bhati to file a comprehensive affidavit on behalf of the Union on compliance made so far.
Intervenor, Advocate Prashant Bhushan today submitted that the Union is not complying with the orders of the Court and is taking shelter of Section 9 of the NSFA, which prescribes an upper ceiling. He stated that this goes against the orders of the Court which stated that those registered under the e-Shram portal should be given a ration irrespective of any consideration.
As per Section 9, 50 percent of the urban population and 75 percent rural population shall be given ration cards appropriately. Bhushan informed the Court that Union is refusing to give additional rations to States that have verified an additional number of persons to be given ration cards on grounds that their food quota has reached the upper ceiling.
Bhushan read out the recent affidavit filed by Union. As per the affidavit, the Union has stated that a situation may arise where giving additional ration would exceed the mandated sanctioned limit of food grain.
Pursuant to the orders of the Court, many States have sought additional allotment of food grains which may go beyond the ceiling prescribed under Section 9.
In contrast to this, Bhati stated that providing ration cards is a dynamic exercise because it has to be a continuous process which also requires weeding out those who have become ineligible. She added that many anomalies were found during the process of verifying which needs to be worked out.
Justice Dhulia while considering the argument of Section 9 taken by the Union, briefly remarked that Section 9 would not restrict giving ration beyond the limit prescribed under the Act.
Bhushan submitted a chart to the Court with the data of all States. As per the data on Karnataka, 1.45 lacs were found eligible for ration cards. However, ration cards have only been issued to 13,945 persons.
The Court sought answers from the counsel representing the State of Karnataka and was answered that the State is in the process of issuing to others. However, Justice Justice Ahsanuddin Amanullah, unconvinced with the answer, orally remarked: "Oh, so your process will take another one year? For your process, they will go hungry? For one year, they are supposed to wait for your food? Will be impose strict action. We are issuing notice of contempt."
Justice Amanullah added: "Hungry cannot wait."
Background
The 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 provided dry rations without insisting on an identity card as well as cooked meals to the stranded migrant workers.
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.
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.
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 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..
Subsequent orders
Previously, on April 18, 2022, a bench of Justices M. R. Shah and B. V. Nagarathna directed the Union to file a compliance report on the directions passed. Subsequently, the same bench in July 2022 asked the Union to come out with a scheme/policy to ensure that the benefits under the NFSA are not restricted as per the 2011 census as the right to food is a fundamental right and restricting anyone would cause injustice.
On the assistance of Bhushan, the court had found the grievance to be serious that the NFSA scope requires re-determine. It had asked the Union to take appropriate steps to remedy the situation.
In January 2023, the same bench directed the Union and all state governments to inform whether the 28.55 crores migrants/unorganised workers registered on the E-Shram portal are having the ration cards and whether all of them are given the benefit of food under the NFSA.
This was pursuant to petitions filed by activists Harsh Mander, Anjali Bhardwaj and Jagdeep Chhokar alleging non-compliance by the Union and some States with the 29 July directions. Miscellaneous applications were also filed by the applicants, who were also intervenors in suo moto proceedings.
Subsequently, in April 2023, the bench of M.R. Shah directed state governments to grant ration cards to migrant or unorganized workers who do not have them but are registered on the centre's e-Shram portal, within three months.
Case Details: IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS MA 94/2022 in SMW(C) No. 6/2020
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