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.

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 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 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.

Today's proceedings 

The miscellaneous application came before a bench of Justices C.T. Ravikumar and Sanjay Karol. Previously, it has come before a bench in which Justice Ahsanuddin Amanullah was a part of. 

At the outset, advocate Bhushan told the court that the Union Government was in contempt of the orders passed by the court in this case. 

However, the court interrupted. Justice Ravikumar: "This is just a miscellaneous application and not a contempt petition." 

Acknowledging this, Bhushan told the court that for the last three years, the focus through the petitions has been to provide ration cards to migrant and unorganised labourers, who are registered in the e-Sharm portal of the Government of India but they do not have ration cards. 

Bhushan then took the court through the June 2021 order and specifically referred to the directions in regard to the re-determination of the total number of persons to be covered under the rural and urban areas of the State under Section 9 of NSFA. 

Bhushan said: "Section 9 says that 50 percent of urban population and 75 percent rural population shall be given ration cards appropriately. Now, Union of India has been saying that they have exhausted that 50 percent and 75 percent and therefore, cannot issue any further ration card. But they do not say the census on the basis which they have determined 50 percent and 75 per cent is 2011 census. If 2021 census has been done, according to the Government of India's own population survey, which was not a census but a population survey done by the Government, there would have been 10.2 crore people eligible for ration card."

To this, Justice Karol responded: "Mr. Bhushan, we are making it very clear. The moment [pandemic] is over and we are closing this matter...Please address us on this issue why we should not close this matter. We are not going to expand the scope of this petition."

However, Bhushan maintained that the court should not close this matter. He submitted that the court has also expanded the scope of this petition. He said: "With great respect, I want to say this, this court cannot go against the orders. It would be a violation of judicial discipline...I am so angry with what your Lordship said."

Later Bhushan apologised for raising his voice. He said: "I am sorry MyLords, I will not raise my voice."

The court then asked Bhati to address what steps Union has taken against the claims made by Bhushan and if further steps need to be taken pursuant to the orders passed after the June 2021 judgment.

It asked Bhati to respond to whether the spirit of the orders had been complied with by the Union, States and Union Territories considering the fact that the court could have disposed of the petition but the matter kept on going and the court passed orders as well.

Bhati: "We are currently complying with the aspect of providing ration cards to all people eligible under the NFSA Act.

To this, Justice Ravikumar said: "Please file an affidavit saying the steps taken and what according to you further steps need to be made to comply with the directions in the main judgment and subsequently passed orders." 

However, Bhushan interrupted and informed the court that the Union had already filed an affidavit stating that they could not comply with the directions.

Bhati submitted that the aspect of providing ration cards is dynamic because it is a continuous process of providing ration cards to those who are eligible and not extending benefits to those who subsequently become ineligible. Therefore, the process has to keep going.

To this, Justice Ravikumar responded that the orders do not say that the process of providing ration cards has to be completed. But an affidavit is required to see how far the directions have been complied.  

Bhushan again reiterated the main aspect of the court. He said that the court that the main judgment says that the right to food is an aspect of Article 21 because people who are registered under the e-Shram portal are those who are earning less than Rs.10,000 a month. Therefore, irrespective of the limits of the Union, ration must be provided.  

However, the court insisted that the affidavit must be filed within a period of three weeks and then accordingly the court will decide. 

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

Citation: 2023 LiveLaw (SC) 332

Supreme Court 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.