Supreme Court Seeks Status Reports From Centre, States On Registration Of Migrant Workers, Community Kitchens & Dry Ration

On Monday, the bench of Justices M. R. Shah and B. V. Nagarathna was hearing the application.

Advocate Prashant Bhushan, for the applicants, began to submit, "Your Lordships passed some very important directions regarding relief to migrant labourers in June last year. One was that even non-ration card holders should be provided with dry rations..."

Solicitor General Tushar Mehta urged, "Government is responsible for migrant labourers. But please let these public spirited people also tell your Lordships what they have done for these migrant labourers"

At this, Justice Shah put to the SG, "You file the status report, action taken report. There was one direction about the registration of migrant workers and unorganised labourers..."

"It will have to be filed by the respective states", replied the SG.

Justice Shah said, "You also file it".

Next, the advocate for the state of Chhattisgarh submitted, "13,300 (fair price) shops are there. Out of that, in about 12,000, we have already installed ePoS, which is the machine which connects Aadhaar card with Ration card. We will file the status report"

The bench then proceeded to record in its order that, "Counsel for Chhattisgarh has stated that in complying with the order passed by this court, 'one nation one ration card' has been implemented".

In its order dictated on Monday, the bench further directed as follows- "By detailed order dated 29.6.2021, various directions were issued by this court which reads as under: (…). Union of India and the concerned state governments are directed to submit compliance report on what further actions are taken to comply with the aforesaid directions. To be filed within a period of four weeks from today."

The present MA 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

(i) It is directed that the Central Government to develop the Portal in consultation with 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.

(ii) The Central Government having undertaken to distribute 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.

(iii) We direct the States to bring in place an appropriate scheme for 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 78 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.

(iv) 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.

(v) 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.

(vi) We direct all the States/Union Territories to register all establishments and license all contractors under the Act, 1979 and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.

(vii) The State/Union Territories are directed to run community kitchens at prominent places where large number of migrant labourers are found for feeding those migrant labourers who does not have sufficient means to procure two meals a day. The running of the community kitchen should be continued at-least till pandemic (Covid-19) continues.