In Re: Problems and Miseries of Migrant Labourers

Aabir Bhattacharya & Devansh Malhotra

The long-awaited judgement in the case of In Re: Problems and Miseries of Migrant Labourers and the connected matters, puts forth the progressive approach of the Judiciary in tackling issues of great and national importance. The Judgement enunciates the core values of the Constitution, enshrined in the Directive Principles of State Policy, and philosophy of Human Rights.

This matter was taken up suo-motu by the Supreme Court of India in the light of difficulties & hardships faced by the migrant workers, and the people employed in the un-organized sector across the nation starting in March, 2020 i.e. from the onset of the Covid-19 Pandemic.

This ruling portrays the humanistic & compassionate approach adopted by the Judiciary wherein, it states that Right to Life as guaranteed under Article 21 of the Suprema Lex, inherently includes access to the bare necessities which are a sine qua non for a dignified life. Therefore, it shoulders an imperative duty on the State to ensure that such an environment be made available to each person and ensuring the protection of the same.

The operative part of this verdict issues various directions to the Union Government and all the States & Union Territories to ensure the welfare of migrant workers, and the people employed in the unorganized sector. These directions encompass various measures such as providing dry rations to migrant workers; implementation of ‘one nation one ration card scheme’ for the whole nation latest by 31 July 2021 (as of now 32 States & UTs have joined in ONORC); sufficient measures be taken to cover eligible households under the National Food Security Act, 2013; implementation of the Inter-State Migrant Workman (Regulation of Employment and Condition of Service) Act, 1979 in letter and spirit, which in turn will ensure welfare of the eligible population; to ensure maximum registration of workers, employed in unorganised sector, under the Unorganized Workers’ Social Security Act, 2008; establishment of Community Kitchens in prominent places in the vicinity of the areas inhabited by a large number of migrant workers and must operate till the end of this pandemic; implementing efficient Direct Bank Transfer (DBT) schemes for the welfare of eligible workers under National Database for Unorganised Workers (NDUW) Project started under Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; the deadline for the registration under NDUW is 31 July 2021.

The copy of this Judgement is annexed herewith.

CLL

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