Are Migrants Registered In E-Shram Portal Given Benefits Under Food Security Act? Supreme Court Asks Centre, States
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The Supreme Court on Friday directed the Union of India 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 National Food Security Act.The Court said that mere registration in the portal is not enough and that the benefits of...
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The Supreme Court on Friday directed the Union of India 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 National Food Security Act.
The Court said that mere registration in the portal is not enough and that the benefits of the benevolent schemes of the government reach the poorest of the poor
The bench of Justices M. R. Shah and B. V. Nagarathna was hearing application filed by activists Harsh Mander, Anjali Bharadwaj and Jagdeep Chhokar alleging non-compliance by Union and certain States with the Court's directions issued in 2021 on ration, community kitchens (in re problems of migrant workers case).Additional Solicitor General of India Aishwarya Bhati appeared for the Centre and Senior Advocate C. U. Singh represented the applicants in today's proceedings.
Justice Shah to ASG Bhati: "We are not interested in sharing of data between the states and the Centre. We are interested that migrants, who are skilled or unskilled, get the benefit of the scheme. The government should reach every migrant, first of all the ones who are already registered. What is the mechanism- taluka level, district level, state-level? So many times I have found that under building registration, many are not having the licences also"
ASG: "Data sharing will be critical because even for the central schemes- the money is given by the central government- but the execution is through the state governments. Data sharing through the state governments is extremely critical. We wrote to them in October 2022 for sharing of data. Haryana has come forward. We are working on model data sharing guidelines and the portal to be worked out. Then all the central schemes, state schemes can be integrated and they will be seamless and the benefits will be passed on"
Justice Shah: "When?"
ASG: "The central scheme has already started. One is the NCS portal, the other is ASEEM and Udyam (National Career Service (NCS) and Atmanirbhar Skilled Employee-Employer Mapping (ASEEM)). These are the two schemes. The benefits are being made available...."
ASG: "Data sharing will be critical because even for the central schemes- the money is given by the central government- but the execution is through the state governments. Data sharing through the state governments is extremely critical. We wrote to them in October 2022 for sharing of data. Haryana has come forward. We are working on model data sharing guidelines and the portal to be worked out. Then all the central schemes, state schemes can be integrated and they will be seamless and the benefits will be passed on"
Justice Shah: "When?"
ASG: "The central scheme has already started. One is the NCS portal, the other is ASEEM and Udyam (National Career Service (NCS) and Atmanirbhar Skilled Employee-Employer Mapping (ASEEM)). These are the two schemes. The benefits are being made available...."
Justice Shah: "But they are being made available, according to you, through the state government? You tell us by Friday or Monday what are the central government schemes which will be made available directly by the union government to the migrants who are already registered. You have come out with these schemes, these are your schemes, you must ensure that these benefits are directly available to the migrants who are registered. Don’t rely on the state governments right now. What are other schemes, tell us?"
ASG: "There is the pension scheme for the unemployed workers, the Pradhan Mantri Shram Yogi Maandhan"
ASG: "There is the pension scheme for the unemployed workers, the Pradhan Mantri Shram Yogi Maandhan"
Justice Shah: "The government has come out with very good schemes, but ultimately, don’t expect that the migrants will come to you. They are all scattered. They are coming from Assam to Gujarat, Bihar to other places. They reside in a very small hut or other places. Their children are there. What are the benefits they will get?"
ASG: "The food benefit is the main that they will get because of the 'one nation-one ration card'...."
Justice Shah: "What about so far as medical facilities, pension, education facilities are concerned? They must have security. They are not people who can afford the premium and everything"
Justice Nagaratha: "If a construction worker falls and sustains a serious injury, what happens to him? Unless the construction company has insured all the employees under the insurance scheme, he is nowhere"
ASG: "The registration on e-shram has been self-registration by the workers, it has not been scrutinised by the government at any point. Only the money is being given by the central government, they frame the guidelines, even the 'one nation- one ration card' the states only have to execute, National Food Security Act also only the states have to execute"
Justice Shah: "You tell us on Monday five major schemes of the central government and what are the benefits which would be available under those schemes, so that we can pass appropriate orders. Also tell us that so far as other central schemes are concerned, these are the schemes, these are the funds allocated, but the implementation has to be done by the concerned states so we can pass a judgment for the states that this benefit must reach the concerned migrants at the doorstep. You know under what conditions they are working?"
Senior Advocate C. U. Singh. "In the original judgment, Your Lordships were concerned with the National Food Security Act and that the ration cards are actually issued. When your lordships directed registration of all unorganised workers- 28.55 crores have registered- your lordships had categorically said that in our order, we have emphasised the need for registration of migrant and unorganised workers and one of the object is to say that all the benevolent schemes by the Union of India and the other states, their benefits should reach the unorganised workers. The purpose of registration was that. This is something which is completely in the hands of the central government. The ration cards of 28.55 crore persons are all seeded with Aadhaar, just like PAN card gets linked with Aadhaar. Now all over India, these ration cards have been seeded with Aadhaar. Every one of these 28.55 crore registrants has to enter the Aadhaar in the process. From that, they can straightaway find out how many of these people don’t have ration cards. The only problem that your lordships were very, very anxious initially about was that more than 10 to 15 crores persons who are eligible will not have ration cards, because they are still working based on the 2011 census. So the total number of ration cards is based on all who were eligible in that census. Today the population has risen. In my submission, these 28.55 crore registrants must be checked to see how many they have ration cards"
Justice Shah: "That was in our mind also"
Mr. Singh: "We are talking of the poorest of the poor. 95% of those 15 crore work for less than Rs.10,000/month, which is the minimum wage, as per registration itself. It shows they are absolutely at the lowest level. The bulk of the registrants are persons at the lowest level of income. Your lordships had asked them last time how can you cross check"
Justice Shah to the ASG: "Tell us if all these 28.55 crore registrants have ration cards?"
ASG: "So this correlating of ration cards with registrants has to be provided by the state. Haryana has come forward, other states are not coming forward. We have to create a model, data sharing guidelines, because the execution has to happen by them. But we can tell that 81.35 crore is the total NFSA beneficiaries, total additional beneficiaries under mid-day schemes, 'anganwadi' are 11.80 crores and 20 crores additional beneficiaries under state schemes"
Justice Shah: "We are not finding fault with the government. What we are worried about is that the scheme is benevolent which the government has come out with and it must reach the poorest of the poor. That is the only anxiety. It is the endeavour of the central government also to see that the schemes reach the concerned migrants and the poorest of the poor. You are doing your bit. We are appreciating the schemes also. Next Monday, all the state advocates shall remain present so that we can pass an appropriate order"
Justice Shah: "If somebody is a person registered on the e-shram portal, some particular has to be given by the person whether he is having ration card or not, or Aadhaar card nor or not?"
ASG: "Not ration card. Ration card is issued by the state government"
Justice Shah: "Can you find out from the registration data which is available to you how many persons are already having ration cards and the Aadhaar cards? Only registration is not enough. Like you say for NIC, particulars are pending, the cases are there but there is to be further classification, sub-classification, bunching so that all matters can be disposed off....All the state governments to remain present on the next date of hearing"
The bench then proceeded to pass the following order- "It is very unfortunate that many of the states are not represented through their advocates. Unless the state counsels are present, no further direction can be issued. It was reported that by now, out of estimated 30.37 crore migrants to be registered on e-shram portal, total 28.55 crore are already registered. It is reported by Ms. Bhati, learned ASG, and Shri C. U. Singh, learned senior counsel, that atleast those 28.55 crore migrants who are already registered on the e-shram portal shall be entitled to the benevolent schemes of the central government and the concerned state governments and also under the National Food Security Act. Ms Bhati, learned ASG, has submitted that as such the schemes put in place by the Union of India are to be implemented by the concerned states and the funds to be provided by the central government. Once the migrants/unorganised workers are registered on e-shram portal, the Union of India and the concerned states must ensure that all the benefits and schemes which are meant for the concerned migrants/unorganised workers reach to them. The data collected on e-shram portal is now to be used for the betterment of the migrants and unorganised workers. Mere registration may not be sufficient. We direct that on the next date of hearing, the Union of India and all the concerned state government shall furnish the particulars that out of 28.55 crore migrants/unorganised workers registered on e-shram portal, whether they having the ration cards or not and whether all of them are given the benefit of food under the NFSA or not. Put up on 28 February. Let the advocates appearing on behalf of the concerned states remain present on the next date of the hearing and file a status report...."
"We are sure that the central government must have shared the data Collected on e-shram portal to the concerned states. Let the concerned state governments also share the necessary details which may be available to them with respect to the migrant/unorganised workers with the central government so that the purpose and object of the schemes put in place by the government are made available to the concerned migrants/unorganised workers working in their concerned states", added the bench.
ASG: "The food benefit is the main that they will get because of the 'one nation-one ration card'...."
Justice Shah: "What about so far as medical facilities, pension, education facilities are concerned? They must have security. They are not people who can afford the premium and everything"
Justice Nagaratha: "If a construction worker falls and sustains a serious injury, what happens to him? Unless the construction company has insured all the employees under the insurance scheme, he is nowhere"
ASG: "The registration on e-shram has been self-registration by the workers, it has not been scrutinised by the government at any point. Only the money is being given by the central government, they frame the guidelines, even the 'one nation- one ration card' the states only have to execute, National Food Security Act also only the states have to execute"
Justice Shah: "You tell us on Monday five major schemes of the central government and what are the benefits which would be available under those schemes, so that we can pass appropriate orders. Also tell us that so far as other central schemes are concerned, these are the schemes, these are the funds allocated, but the implementation has to be done by the concerned states so we can pass a judgment for the states that this benefit must reach the concerned migrants at the doorstep. You know under what conditions they are working?"
Senior Advocate C. U. Singh. "In the original judgment, Your Lordships were concerned with the National Food Security Act and that the ration cards are actually issued. When your lordships directed registration of all unorganised workers- 28.55 crores have registered- your lordships had categorically said that in our order, we have emphasised the need for registration of migrant and unorganised workers and one of the object is to say that all the benevolent schemes by the Union of India and the other states, their benefits should reach the unorganised workers. The purpose of registration was that. This is something which is completely in the hands of the central government. The ration cards of 28.55 crore persons are all seeded with Aadhaar, just like PAN card gets linked with Aadhaar. Now all over India, these ration cards have been seeded with Aadhaar. Every one of these 28.55 crore registrants has to enter the Aadhaar in the process. From that, they can straightaway find out how many of these people don’t have ration cards. The only problem that your lordships were very, very anxious initially about was that more than 10 to 15 crores persons who are eligible will not have ration cards, because they are still working based on the 2011 census. So the total number of ration cards is based on all who were eligible in that census. Today the population has risen. In my submission, these 28.55 crore registrants must be checked to see how many they have ration cards"
Justice Shah: "That was in our mind also"
Mr. Singh: "We are talking of the poorest of the poor. 95% of those 15 crore work for less than Rs.10,000/month, which is the minimum wage, as per registration itself. It shows they are absolutely at the lowest level. The bulk of the registrants are persons at the lowest level of income. Your lordships had asked them last time how can you cross check"
Justice Shah to the ASG: "Tell us if all these 28.55 crore registrants have ration cards?"
ASG: "So this correlating of ration cards with registrants has to be provided by the state. Haryana has come forward, other states are not coming forward. We have to create a model, data sharing guidelines, because the execution has to happen by them. But we can tell that 81.35 crore is the total NFSA beneficiaries, total additional beneficiaries under mid-day schemes, 'anganwadi' are 11.80 crores and 20 crores additional beneficiaries under state schemes"
Justice Shah: "We are not finding fault with the government. What we are worried about is that the scheme is benevolent which the government has come out with and it must reach the poorest of the poor. That is the only anxiety. It is the endeavour of the central government also to see that the schemes reach the concerned migrants and the poorest of the poor. You are doing your bit. We are appreciating the schemes also. Next Monday, all the state advocates shall remain present so that we can pass an appropriate order"
Justice Shah: "If somebody is a person registered on the e-shram portal, some particular has to be given by the person whether he is having ration card or not, or Aadhaar card nor or not?"
ASG: "Not ration card. Ration card is issued by the state government"
Justice Shah: "Can you find out from the registration data which is available to you how many persons are already having ration cards and the Aadhaar cards? Only registration is not enough. Like you say for NIC, particulars are pending, the cases are there but there is to be further classification, sub-classification, bunching so that all matters can be disposed off....All the state governments to remain present on the next date of hearing"
The bench then proceeded to pass the following order- "It is very unfortunate that many of the states are not represented through their advocates. Unless the state counsels are present, no further direction can be issued. It was reported that by now, out of estimated 30.37 crore migrants to be registered on e-shram portal, total 28.55 crore are already registered. It is reported by Ms. Bhati, learned ASG, and Shri C. U. Singh, learned senior counsel, that atleast those 28.55 crore migrants who are already registered on the e-shram portal shall be entitled to the benevolent schemes of the central government and the concerned state governments and also under the National Food Security Act. Ms Bhati, learned ASG, has submitted that as such the schemes put in place by the Union of India are to be implemented by the concerned states and the funds to be provided by the central government. Once the migrants/unorganised workers are registered on e-shram portal, the Union of India and the concerned states must ensure that all the benefits and schemes which are meant for the concerned migrants/unorganised workers reach to them. The data collected on e-shram portal is now to be used for the betterment of the migrants and unorganised workers. Mere registration may not be sufficient. We direct that on the next date of hearing, the Union of India and all the concerned state government shall furnish the particulars that out of 28.55 crore migrants/unorganised workers registered on e-shram portal, whether they having the ration cards or not and whether all of them are given the benefit of food under the NFSA or not. Put up on 28 February. Let the advocates appearing on behalf of the concerned states remain present on the next date of the hearing and file a status report...."
"We are sure that the central government must have shared the data Collected on e-shram portal to the concerned states. Let the concerned state governments also share the necessary details which may be available to them with respect to the migrant/unorganised workers with the central government so that the purpose and object of the schemes put in place by the government are made available to the concerned migrants/unorganised workers working in their concerned states", added the bench.
Case Title: In Re Problems & miseries of Migrant Labourers | MA 94/2022 in SMW(C) No. 6/2020 PIL