Today, On 2nd September, The Supreme Court directed the Centre to submit an affidavit detailing its compliance with the 2021 ruling on welfare measures for migrant workers. This order follows concerns over the implementation of key directives aimed at supporting migrant workers during the COVID-19 pandemic.
New Delhi: The Supreme Court on Monday directed the Centre to submit an affidavit detailing its compliance with the Court’s 2021 judgment and subsequent orders regarding the provision of ration cards and other welfare measures for migrant workers.
In its June 29, 2021 ruling, the Court issued several directions to authorities, including the distribution of ration cards to migrant workers registered on the ‘e-Shram’ portal, which is a National Database of Unorganised Workers aimed at ensuring social security and welfare benefits for workers in the unorganised sector.
Read Also: Supreme Court Directs States & UTs to Issue Ration Cards to 80 Million Migrant Workers
A bench comprising justices CT Ravikumar and Sanjay Karol stated,
“The Union of India is directed to file a comprehensive affidavit explaining the steps taken in compliance of the judgement dated June 29, 2021, and other subsequent orders. This must be done within a period of three weeks.”
The Supreme Court scheduled the matter for listing after three weeks in connection with its suo motu plea, initiated during the peak of COVID-19, to ensure the welfare of distressed migrant workers who were forced to leave Delhi and other cities during lockdowns. A sharp exchange occurred between lawyer Prashant Bhushan and Justice Sanjay Karol when it suggested that, since the pandemic has ended, the case could be closed.
Justice Karol remarked,
“Listen… Covid is over. We are going to close this. If anybody has any problem in the issuance of ration cards, they can move to the respective high courts. Please address this as to why this should not be closed. We will close this case with that direction.”
In response, an agitated Bhushan retorted,
“Please do not say that. The scope of the proceedings has already been expanded. If my Lordships say that this matter will be closed, then this is against judicial discipline… you cannot do this.”
The bench replied,
“Please don’t raise your voice… We always hear both sides. We were on that side also… We are just saying that to satisfy why we should not close this matter.”
Bhushan, visibly upset, said,
“I am so angry with what your lordship just said, but later apologized for losing his temper“
At the outset, Bhushan argued that the Centre was in contempt for failing to comply with the directions issued in the judgment and subsequent orders. He noted that a census conducted in 2021 revealed over 10 million people eligible for ration cards, yet the government claims it cannot issue additional cards.
The bench reiterated that, with COVID over, the case should be closed and that aggrieved individuals could approach the high courts.
The bench stated,
“There has to be give and take of respect. We can never be angry with the Bar because we are from there only,”
Bhushan apologized, saying,
“I am sorry. I should not have been angry and have acted like that.”
Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the court that the government is currently providing rations to all eligible persons under the National Food Security Act (NFSA). The bench then instructed the Centre to file an affidavit demonstrating compliance with the judgment and subsequent directions.
In its 2021 judgment, the Supreme Court described the Centre’s “apathy and lackadaisical attitude” towards establishing a National Database for Unorganised Workers (NDUW) as “unpardonable” and ordered its commencement by July 31, 2021, to ensure that all migrant workers were registered and could receive welfare measures during the COVID-19 crisis. The Court directed states and Union Territories (UTs) to create schemes for providing free dry rations to migrant workers for the duration of the pandemic, with the Centre responsible for allocating additional food grains.
A bench of justices Ashok Bhushan and M R Shah, both now retired, also mandated that states yet to implement the ‘One Nation One Ration Card’ scheme must do so.
Read Also: “Complete Migrant Labourer Ration Card Verification in 4 Weeks”: SC Orders States
The Court instructed the Department of Food and Public Distribution to “allocate and distribute food grains as per the demand of additional food grains from the states for disbursement to migrant laborers.”
The Court further directed,
“We direct the states to put in place an appropriate scheme for the distribution of dry rations to migrant laborers, and they may request additional food grains from the Central Government, which, as directed, shall provide the additional food grains to the state.”
The Court indicated that this measure should continue as long as the pandemic persists.
The suo motu case initiated in 2020 after the Court took cognizance of the hardships faced by migrant laborers, leading to a series of directives aimed at addressing their plight.
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