Can't Provide Ration Cards To Migrant Workers Beyond Ceiling Limit Provided In Food Security Act : Union To Supreme Court
Gursimran Kaur Bakshi
27 Nov 2024 9:03 PM IST
The Supreme Court on November 26 heard the matter pertaining to giving free ration cards to migrant workers and unskilled labourers found eligible under the e-Shram portal.
During the hearing, the Union Government submitted that they have an obligation to provide ration cards only under the mandated regime of the National Food Security Act, 2013(NFSA) which provides a coverage limit on the number of people who could be provided with free rations. Therefore, they cannot provide ration cards breaching the upper ceiling as provided in the legislation.
This matter has so far been heard by a bench Justices Sudhanshu Dhulia and Ahsanuddin Amanullah. It came to be listed before a bench of Justices Surya Kant and Ujjal Bhuyan on November 26 because an application was filed by the Union Government against the October 4 order. The Court kept the application to be heard on December 9.
In the present matter, Justice Dhulia's bench ordered on October 4 that "all such persons who are eligible (entitled for Ration Cards/ foodgrains as per the NFSA) and have been identified as such by the respective States/Union Territories, must be issued Ration Cards before 19.11.2024."
Can't breach NFSA ceiling limit, additional fiscal burden created: Centre
Following this, an application has been filed by the Department of Food and Public Distribution, Government of India seeking that it be allowed to comply with the directions strictly as per the mandate of the NFSA.
The application states: "The fiscal sustainability of the NFSA requires a defined ceiling limit on the number of beneficiaries, as outlined in the Act, to void rendering it open-ended. This ceiling, grounded in the 2011 Census, is a fundamental principle of rightful targeting, as set forth in Sections 10 and 24 of the NFSA. The GOI, is bound by the explicit provisions of Sections 3(2) and 9 of the NFSA, which establish coverage limits, and submits that it is constrained from exceeding these statutory boundaries unless such provisions are deemed ultra vires by this Court or are duly amended by Parliament."
The Union said that breaching the NFSA ceiling would result in an additional fiscal burden of approximately Rs 57,660 crore annually. Moreover, it has been stated that States are well-positioned to provide food grains to additional eligible e-Shram registrants through their own State schemes, without relying on the NFSA's coverage.
The Centre further said that as of 30.9.2024, States have completed e-KYC for 63% of the total beneficiaries covered under NFSA. Additionally, out of the total 30.34 crore registrants on the e--Shram portal, 24.71 crore have already been issued ration cards both under NISA and state schemes
What transpired yesterday
At the outset, intervenor Advocate Prashant Bhushan clarified that after the last order, the Union Government has filed an application stating that they cannot comply with the Court's order. The same was mentioned before the former Chief Justice of India D.Y. Chandrachud and came to be listed before this bench.
To this, Justice Kant expressed that they have not been able to go through the matter but if the matters including the Union's application are to be heard, the same should be consolidated so that one bench could hear both matters.
As the Court was about to adjourn the matter, Solicitor General Tushar Mehta stated: "There are some directions ahead of the food safety..."
But before he could complete, Bhushan intervened and said: "Court has repeatedly made it clear that irrespective of what is provided in the Food Safety Act.."
Justice Kant also added: "I will speak for myself. Day before yesterday, when the MA came, I thought it was an infructuous matter because I just read only a few lines and there was a reference to the COVID-19 issue."
On this, Mehta responded: "Exactly, Milords....There are two categories of NGOs. One who works on ground and provides everything. Second, armchair intellectual."
Justice Kant stated that the ration card is an important document because it forms a part of the identity of the person. He added: "But the difficulty may arise if we indulge in freebies."
However, Bhushan clarified that this pertains to the scheme of the Central Government and the main issue is that since the Census has not taken place after 2011, the number of persons currently getting the benefit has not been updated.
He said: "All the people registered in the e-Shram portal are the ones whose income is less than Rs. 10,000 per month. That is why, the other bench, repeatedly said, one after the another in 6 orders, don't bother about the restrictions of the Food Safety Act. You have to provide because food is an Article 21 right. Second, you have not done the census of 2021. Therefore, all those eligible and have registered but do not have ration cards, provide them with ration cards and give them ration."
On this, Mehta responded: "Please allow somebody [to respond]. You have done nothing in COVID except sitting in your armchair and filing writ petitions...What has happened is, they started from Court 1 during COVID...There is a statutory regime which binds us. We are under an obligation to distribute as per the Food Security Act. Not as desired by a particular person or individual espousing the cause of crores of people. We are a responsible government...Virtually, he wants to run the Government."
Background
For the context, this matter comes from suo suo moto proceedings that were initiated during COVID to grant rations to migrant workers. But 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.
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 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 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
