Supreme Court Asks Centre To Get Information From States On Migrant Workers Registered In "e-Shram" Portal

The Ministry of Labour and Employment recently developed a "National Database of Unorganised Workers portal" and "eShram portal" for registration of unorganized workers. The list of workers includes 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, among others.

"Many States are yet to achieve the target and some states have done very good on e-SHRAM registrations. It is reported that numbers which are given as on September 2022, lack a fresh chart, even on the number of migrants registered against the target. Let the new numbers of registration against targets as of today be submitted", directed a Bench of Justices MR Shah and Hima Kohli.

The Bench was hearing an 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).

During the hearing, Advocate Prashant Bhushan submitted that 24 crore workers have registered on the portal and 94 percent of them are earning less than Rs. 10000 per month. "A large number of them have no ration cards. At least in 14 states, that quota has been exhausted".

"The government is saying that we will wait till the final census. The process is indefinitely delayed. They are saying that the per capita income of people in India has increased in recent years", informed Bhushan.

If they go out their population projection alone, 10.2 crores more would be eligible for ration cards, he pointed out while giving an example from Delhi. The Court was apprised that when the latter opened applications for new ration cards, more than 3 lakh people had applied.

"Therefore, more than 10 crore people are being left out of the ambit of the Food Security net because the UOI has failed to undertake the 2021 census and revise the coverage under the National Food Security Act accordingly", the petitioners' rejoinder affidavit also pointed out.

In response, Additional Solicitor General Aiswarya Bhati informed that there are 81.35 crore beneficiaries under National Food Security Act alone. "That is a huge number for a country like India", she said.

The Bench said that the purpose of registration on the portal is also to ensure that migrants and such other people are made aware of the several schemes available to them.

"Everything is done as per the 2011 census. We are in 2022. The number of needy persons might have increased. How are you going to solve it?", the Bench queried.

When ASG Bhati was about to point out how the beneficiaries under the NFSA are identified, she was immediately stopped by the Bench.

"We are not saying that you are not doing anything. But the work must reach the people. The Centre did excellent work during Covid. It is our culture that no one goes to bed on an empty stomach", the Court remarked.

Further, ASG Bhati clarified that it's not that the number of people to whom benefits must be given, is fixed.

"18-19 crore have been added in the past years. 2011 census has not held our hands in adding people. It's a constant inflow and outflow. I'll show some of the guidelines.....A new survey has started, and fieldwork is going on."

While framing the NFSA coverage, there's a 75% quota for rural areas, and 50%, for urban areas, she added.

When Bhushan said that India is ranked 117 out of 121 on Hunger Index, the Bench said that the government disputed this figure.

"That figure is disputed by the government on the methodology of arriving at that... But the fact remains that 83 crores are covered under NFSA. They are also saying irrespective of the 2011 census, people are added", the Bench said.

This is false, said Bhushan.

"75% and 50%, are arbitrary figures, anybody who is poor enough... There may be more than 50% of workers in urban areas who require ration cards", he further argued.

Bhati also said that the States had made the registrations on the portal.

"What is the total number of registrations—21.8 crores. The migrant population is essentially a moving population. Some states have oversubscribed, for example, UP, wherein over 8 crores of migrants had registered. The scheme of NFSA is very dynamic."

After the hearing, the Court posted the matter to December 15. Bhushan had one more request.

"Among the 28 crores registered, they (Union) can check who has Adhaar cards and from that, who has ration cards. It's just one click".

"We will pass detailed order next Thursday. We will consider it", the Bench said before concluding.

Case Title: In Re Problems & miseries of Migrant Labourers | MA 94/2022 in SMW(C) No. 6/2020 PIL