SC Directs Centre To Update On 2021 Verdict For Migrant Worker Welfare

The Supreme Court on Monday has directed the Centre to file an affidavit detailing its compliance with a 2021 judgement and subsequent orders regarding the provision of ration cards and other welfare measures for migrant workers.

The 2021 judgement and related orders mandated that the government provide ration cards to all migrant workers registered with the ‘e-Shram’ portal, which is a database created to facilitate welfare benefits for unorganized sector workers. The court has given the Centre three weeks to submit this affidavit, explaining the steps taken to comply with these directives.

The court’s order follows a suo motu case initiated during the peak of the COVID-19 pandemic to address the plight of distressed migrant workers who had to leave cities like Delhi during lockdowns.

During the proceedings, there was a heated exchange between lawyer Prashant Bhushan and Justice Sanjay Karol. Bhushan argued that closing the case now would be against judicial discipline, given that the scope of the proceedings had been broadened. Justice Karol suggested that if the matter were to be closed, aggrieved individuals could approach high courts. Bhushan, frustrated, responded sharply but later apologized for his outburst.

Bhushan contended that the Centre was in contempt for failing to follow the court’s directions, noting that despite a 2021 population survey identifying over 10 million eligible for ration cards, the government claimed it could not issue more cards.

The bench remarked that with the pandemic over, the case might be closed, allowing affected individuals to seek redress in high courts. The bench also stressed the need for mutual respect between the court and the Bar.

Additional Solicitor General Aishwarya Bhati, representing the Centre, stated that the government is currently providing rations to those eligible under the National Food Security Act (NFSA).

The Supreme Court’s 2021 judgement criticized the Centre’s “apathy” in creating the National Database for Unorganised Workers (NDUW) and ordered its implementation by July 31, 2021. It also instructed states and Union Territories to provide free dry rations to migrant workers during the pandemic and for the Centre to allocate additional food grains.

Additionally, the court directed the implementation of the ‘One Nation One Ration Card’ scheme in states that had not yet done so.

The case, initiated in 2020, was a response to the severe difficulties faced by migrant workers and aimed to ensure adequate support and welfare measures for them.

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