Migrant Workers Case : Activists Move Supreme Court Seeking To Implement Directions On Ration, Community Kitchen Etc

Activists Harsh Mander, Anjali Bhardwaj and Jagdeep Chhokar have moved the Supreme Court alleging non-compliance by the Union of India and some States with the directions given by the Supreme Court in its judgment dated June 29, 2021 in the migrant workers case.

A miscellaneous application has been filed by the applicants, who were also intervenors in the suo motu case registered by the Supreme Court to deal with the problems of migrant workers during the pandemic.

Advocate Prashant Bhushan on Wednesday sought urgent listing of the case, and mentioned it before a Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli.

" Let me see" the CJI said 

The application has sought directions to the Union of India to file status report with respect to the directions contained in the judgement dated 29.6.2021 specifically indicating:

• Steps taken with regard to undertaking exercise under Section 9 of the National Food Security Act, 2013 to re- determine the total number of persons to be covered under Rural and Urban areas of the State.
• Details of food grains provided by Union of India to state governments in order to implement schemes for providing rations to migrant workers, including details of states which sought additional foodgrains, details of quantity provided etc.

The application has sought directions to all respondent state governments to immediately implement the direction contained in the judgement dated 29.6.2021 to bring in place an appropriate scheme for distribution of dry ration to migrant workers without insistence on furnishing of identity proof.

Further direction to file a status report indicating details of scheme formulated, number of people covered under the said scheme, the amount of dry ration distributed to each person and number of times rations were provided to people under the scheme.

The applicants have urged the Court to direct all respondent state governments to immediately implement the direction to run community kitchens at prominent places where large number of migrant labourers are found to provide cooked food and file a status report indicating details of number of community kitchens set up by state governments and whether these kitchens are functional as on date.

Further orders have been sought to identify and hold responsible, the officers concerned in different States and the Centre for non compliance of Court's order in suo motu case

Non- Compliance With directions to Central Government regarding revising coverage of population eligible for public distribution system under the National Food Security Act:

The application states that taking cognisance of the fact that quotas under the National Food Security Act (NFSA) have not being revised since the 2011 census despite the increase in population, the Court had directed the central government to re-determine the total number of persons to be covered in rural and urban areas in states for issuance of ration cards.

It has been pointed out that one of the applicants and intervenors, Ms. Anjali Bhardwaj, filed an application under the Right to Information Act, 2005, seeking details of the steps taken by the government to implement the direction regarding re-determining coverage under the NFSA. The reply dated 24.8.2021 stated that any revision in the State/UT-wise coverage will be possible after the data of next Census is published and Judgment passed by the Supreme Court is being examined at present.

The intervenors' counsel had also sent a legal notice to the Cabinet Minister for Consumer Affairs, Food and Public Distribution, Government of India dated 17th September 2021 regarding non-compliance with this specific direction but no response was given to the same.

Direction to State Governments to formulate and implement a scheme for distribution of dry ration to migrant labourers on or before 31st July 2021:

Citing a RTI reply received from the Government, the application has argued that the Government of India till September 2021 made no additional allocation of food grains  to any state government for providing food grains to migrant labourers in pursuance of the judgment. It has been added that this is despite the fact that two states viz. Govt. of Telangana and Meghalaya had specifically sought additional food grains from the Central government for disbursement of dry food grains to migrant labourers.

The applicants also sent legal notices to Chief Ministers of state regarding compliance, however, out of the 29 states which were sent legal notices, only 5 States including Tamil Nadu, Odisha, Jharkhand, Delhi, and Assam replied.

Therefore, applicants have argued that it appears that the remaining states have not put in place any mechanism or scheme to provide rations to ensure food security for migrant workers till such time that the pandemic continues.

Addittional Relief In Terms Of Food Security During Pandemic Only provided Ration Cardholders and Not Other Equally Vulnerable and food insecure households:

The plea states that the Union of India is well aware of the continuing distress among people and is taking steps to ensure additional provisions for food grains  for people with ration cards. However, making special provision for relief to alleviate distress caused due to economic disruptions on account of COVID-19 only for those who possess ration cards at a time when distress is affecting all people is discriminatory and a violation of Article 14 and 21 of the Constitution

Directions To Operate Community Kitchens for Providing Cooked Food:

In light of the new restrictions being imposed in various states, the applicants have argued that it is imperative that the migrant workers and the poor in the country are provided free cooked food till the uncertainty of COVID continues and the restrictions are imposed.

It has been pointed out that various reports of panic among the migrant workers due to the new restrictions have been surfacing in the media and the situation on the ground is even grimmer.

Background: A bench comprising Justices Ashok Bhushan and MR Shah had on 29th June 2021 disposed of the suo moto case 'In Re Problems and Miseries of Migrant Labourers' while passing a slew of other directions for the benefit and welfare of migrant workers.

On 24th March 2021,  the bench had ordered that States and Union Territories should provide dry ration and run community kitchens for migrant labourers who are stranded due to the COVID pandemic and the lockdown. The bench had also directed the Centre and the States to complete the registration of migrants and unorganised workers in the common national data base so that they can avail of the various statutory welfare schemes.

The suo moto case, which was taken by the Supreme Court in May 2020 to deal with the problems of migrant workers during the national lockdown, was listed again for consideration in May this year during the second wave of the pandemic.

Case Title: In Re: Problems And Miseries Of Migrant Labourers 

click here to read miscellaneous application