Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. 94 OF 2022
IN
SUO MOTU WRIT PETITION (CIVIL) NO. 6 OF 2020
In Re: Problems and Miseries of Migrant Labourers
O R D E R
M.R. SHAH, J.
1. That while disposing of Suo Motu Writ Petition (Civil) No. 6 of 2020
– In Re: Problems and Miseries of Migrant Labourers, this Court issued
the following directions:-
(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.
Signature Not Verified
Digitally signed by R
Natarajan
Date: 2022.08.10
17:35:54 IST
Reason:
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(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 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
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the community kitchen should be continued at-least
till pandemic (Covid-19) continues.
2. Thereafter, the matter was again heard on 18.05.2022 and this
Court passed the following order:-
“Ms. Aishwarya Bhati, learned ASG, appearing for the
Central Government prays for some time to place on record
the compliance report. She has stated at the Bar that, as
such, the Central Government has already developed the
Portal in consultation with the National Informatics Centre
for registration of the unorganized labourers/migrant
workers pan-India. She has stated at the Bar that
approximately 27.45 Crores are registered in the portal on
the basis of the information given by the respective
concerned States. How the Central Government and the
concerned States are going to take the advantage and/or
the benefit of the registration of the unorganized
labourers/migrant workers to protect the interest of the
unorganized labourers/migrant workers? One of the object
and purpose of the registration is to ensure that the
benevolent schemes which are declared by the
Government/Governments reach the concerned
unorganized labourers/migrant workers.
We had also directed all the States/Union Territories
to register all establishments and license of all contractors
under the Act of 1979 and ensure that the statutory duty
imposed on the contractors to give particulars of the
migrant workers is fully complied with. Many of the States
have not complied with the said direction.
The Central Government to obtain all the required
information from all the States so that a further order can
be passed to protect the interest of the unorganized
labourers/migrant workers. All concerned States/Union
Territories are directed to furnish all the required particulars
which are needed by the Central Government so that the
Central Government may file a composite report before this
Court on the next date of hearing.
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Now our endeavor should be to consider the larger
issue to protect the interest of the unorganized
labourers/migrant workers and how their rights are to be
protected.
The Central Government to file a composite report in
compliance of all the directions issued by this Court in the
order dated 29.06.2021. All the States shall cooperate and
submit all the particulars which are called for.
Learned counsel for the respective States to give
copy of their counters to Ms. Aishwarya Bhati, learned ASG
so that she can 7 file a composite report.
Put up on 20.07.2022.”
3. Pursuant to our earlier orders, an affidavit has been filed on behalf
of Union of India dated 18.07.2022 affirmed by the Deputy Director
General, in the Ministry of Labour and Employment, Government of
India. Various steps taken by the Union of India has been stated in the
affidavit. It is stated in the affidavit/compliance report that in compliance
of the directions issued by this Court, Ministry of Labour and Employment
has developed a “National Database of Unorganised Workers (NDUW)
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.
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4. It is stated that vide DO letter dated 13.08.2021 to all the States
and Union Territories, the Ministry provided the comprehensive
guidelines for mobilisation of the workers through District Level
Implementation Committee and State Level Monitoring Committee,
registration targets to be achieved by the States by 31.12.2021 alongwith
the one-time financial assistance for setting up of required IT
infrastructure, call centres etc. In order to mobilize the unorganised
workers for registration on eShram portal, States/UTS have been
provided with funds of Rs.19.07 crores and information, education and
communication materials. It is pointed out that the eShram portal formally
commenced the registration on 26.08.2021 in all the States/UTs and the
same was conveyed to all the States by Ministry’s letter dated
31.08.2021. Various further steps have also been taken by the Union of
India so that the maximum unorganised workers/migrants are registered
with the eShram portal. Ms. Bhati , learned ASG has pointed out the
Statewise targets and registrations. On going through the Statewise
targets and registration, it appears that many States have failed to
achieve the target. Many of the States have achieved less than fifty per
cent target. For example, State of Maharashtra has achieved only
36.97% target, State of Tamil Nadu has achieved 34.84% target, State of
Telangana has achieved only 34.90% target, State of Gujarat has
achieved 48.40% target, State of Karnataka has achieved 36.19% target.
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5. In our earlier directions/orders, we have emphasised the need for
registration of the migrants/unorganised workers in different fields and
one of the objects is to see that all benevolent schemes announced by
the Union of India and/or the concerned States, the benefits of which
should reach to such unorganised workers. We appreciate the work
undertaken by the Union of India – Ministry of Labour and Employment.
However, as observed hereinabove, still some States such as State of
Maharashtra, State of Tamil Nadu, State of Telangana, State of Gujarat
and State of Karnataka have to achieve the target. Therefore, we direct
those States, who have not been able to achieve the target for
registration of the unorganised workers, to do so and cooperate with the
Union of India – Ministry of labour and Employment and to ensure to it
that those unorganised labourers/ workers in different sectors are
registered in the eShram portal. The said exercise shall be completed
within a period of six weeks from today. The concerned States /Union
Territories are directed to submit the report to the Union of India –
Ministry of Labour and Employment on completion of six weeks so that
the Union of India – Ministry of Labour and Employment can file a further
Status Report on the aforesaid.
6. So far as, one another direction issued was additional allocation of
foodgrains as demanded by the States/Union Territories for distribution to
migrant labourers. It is pointed out in the affidavit that the required
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quantity of foodgrains as per the locally assessed need has been
provided through Food Corporation of India under the “Open Market
Sales Scheme”. It is further pointed out that facility of “One Nation One
Ration Card” has been enabled in all the States/ Union Territories
covering about 80 crores NFSA beneficiaries.
7. Now, so far as re-determining the coverage under the National
Food Security Act (NFSA), 2013 and to undertake an exercise under
Section 9 of NFSA, 2013 and to re-determine the total number of
persons to be covered under the Rural and Urban areas of the State, it
appears that at present the total number of persons to be covered in the
Rural and Urban areas of the State is calculated on the basis of
population estimates as per the 2011 census. It appears that at the time
of implementation of the NFSA, latest published figures of census
pertained to the year 2011 and it is used to determine the coverage of all
States /Union Territories considering Section 9 of the NFSA.
Shri Prashant Bhushan, learned counsel appearing on behalf of the
petitioner has pointed out that after 2011, the population has increased
and therefore the beneficiaries under the NFSA also have increased. It
is submitted that therefore many eligible and/or needy beneficiary in the
Rural and Urban areas will be deprived of the benefit under the NFSA. It
is also pointed out that in some of the cases, because of not having the
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ration cards, the migrants/unorganised labourers/workers are deprived of
the benefit of the food/foodgrains under the NFSA.
8. The aforesaid grievance seems to be genuine and justified. The
Union of India to look into the same and come out with a formula and/or
appropriate policy/scheme, if any, so that the benefits under NFSA are
not restricted as per the census 2011 and more and more needy
persons/citizens get the benefit under the National Food Security Act,
keeping in mind what has been observed and held by this Court in a
catena of decisions that “Right to Food” is a fundamental right available
under Article 21 of the Constitution of India. The Union Government may
look into the same by considering the figures/projection of population
increase during the decade 2011-2021, which would be on an
assessment of increase in population and file their response on the next
date of hearing.
Put up on 27.09.2022.
…………………………………..J.
[M.R. SHAH]
NEW DELHI; …………………………………..J.
JULY 21, 2022. [B.V. NAGARATHNA]
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