Introduction
The Supreme Court of India, in the case of In Re Problems & miseries of Migrant Labourers, directed the Union of India and all the State Governments to inform the Court whether the migrant and unorganized workers, who had registered under the e-Shram portal have ration cards and are being provided with the benefits under the National Food Security Act, 2013 (hereinafter referred as “NFSA”). The order resulted from an application filed by a group of activists alleging that the Centre and certain states were non-compliant with the directions issued by the Court in 2021. Additionally, the Court also said that mere registration on the portal would not be sufficient in itself and the benefits of the scheme must reach the
concerned.
Facts of the Case
In 2020, the Court took suo moto cognizance of the problems and miseries faced by the migrant labourers in light of the imposition of the nationwide lockdown to control the spread of the Covid-19 pandemic and a notice was issued to the Union Government and all the States and Union Territories. One of the most significant issues to be tackled by the States and Union Territories was the transportation of migrant workers from the workplace to their native places. In pursuance of the same, the Court issued various directions and orders to the governments to ensure the welfare of the migrant labourers. In the case of In Re Problems & miseries of Migrant Labourers along with Bandhua Mukti Morcha v. Union of India, the
Court issued directions to the governments on the provision of food and ration and, community kitchens. Subsequently, an application was filed by three activists alleging that Union and certain states have been non-compliant with these directions.
Legal Provision
The legal provision applied in this particular case is the National Food Security Act, 2013 (No. 20 of 2013). The objective of the same, as stated in the preamble is as under. “An Act to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto.”
Order
The bench, comprising of Justices M.R. Shah and B.V. Nagarathna observed that out of an approximate 30.37 crore migrants that were to be registered on the e-Shram Portal, 28.55 crore migrants have already registered. These 28.55 crore migrants, who have already registered on the e-Shram portal, will be eligible for the benevolent schemes of the central government and the respective state governments, as well as the NFSA. It was also submitted before the bench that the Union of India’s schemes is to be implemented by the concerned states, with funds provided by the central government. Once registered on the e-Shram portal, the Union of India and the relevant states must ensure that all benefits and schemes intended for the concerned migrants/unorganized workers reach them. The data that has been collected so far will be used for the amelioration of migrants and any unorganised workers but simply registering might not be enough. The bench stated that for the next hearing, The Union of India and all involved state governments must provide information on whether or not the 28.55 crore migrants/unorganized workers registered on the e-Shram portal have ration cards and whether or not they are entitled to food benefits under the NFSA.
Conclusion
The objective of the NFSA was to ensure provision of ration to the needy. The same has played an instrumental role in tackling the hunger problem in the country. This scheme will be critical in the present time as millions of migrants and workers lost their livelihoods following the Covid-19 pandemic, the repercussions of which continue to be felt. This interim order of the Court could prove to be instrumental in ensuring that all the migrant labourers get the benefit of the schemes aimed at their welfare and do not have to bear a disproportionate brunt of the economic crisis following the pandemic.
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