The Supreme Court questioned the sustainability of providing free rations to migrant workers, emphasizing the necessity for job creation and capacity-building initiatives. The bench expressed concerns over potential misuse of direct government support while acknowledging the extensive reliance on the National Food Security Act. Further hearings are scheduled, urging collaborative rather than contentious discussions on effective solutions.
New Delhi: The Supreme Court raised a critical question on Monday (Dec 9th), asking, “For how long freebies can be given?” while discussing relief measures for migrant workers who have been receiving free ration since the Covid pandemic. Highlighting the need for sustainable solutions, the court emphasized the importance of creating job opportunities and capacity-building initiatives.
The bench, comprising Justice Surya Kant and Justice Manmohan, expressed surprise when informed that 81 crore people are receiving free or subsidized rations under the National Food Security Act (NFSA), 2013. “It means only the taxpayers are left out,” remarked the bench to Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati, who represented the Centre.
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Advocate Prashant Bhushan, representing an NGO in a suo motu case initiated during the pandemic to address the plight of migrant workers, urged the court to direct the government to provide free ration to all workers registered on the “e-Shram” portal.
The bench questioned the long-term viability of such measures, saying, “Why don’t we work to create job opportunities, employment, and capacity building for these migrant workers?” Bhushan responded that the Centre had already been instructed to issue ration cards to unorganized workers, ensuring they could avail free ration.
However, Justice Surya Kant expressed concerns over potential misuse of such directives, stating,
“The moment we direct states to provide free ration to all migrant workers, not a single one will be seen here. They will run away.”
Bhushan criticized the Centre’s reliance on the 2011 Census data, arguing that the 2021 Census, had it been conducted, would show an increase in the number of migrant workers. The solicitor general, Tushar Mehta, clarified that previous court orders were pandemic-specific and tied to the statutory framework of the NFSA.
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The “e-Shram” portal, established by the Ministry of Labour and Employment, serves as a national database for unorganized workers, ensuring access to welfare benefits. The court has consistently directed states to provide ration cards and dry rations to workers registered on the portal, a mandate reinforced in its 2021 judgment.
The hearing also witnessed heated arguments between Mehta and Bhushan. The solicitor general accused some NGOs of being “armchair activists” during the pandemic, alleging they focused on litigation instead of providing ground-level relief. Bhushan countered, claiming Mehta was upset over leaked emails linked to him. Justice Surya Kant intervened to pacify the tensions, emphasizing the need for a detailed discussion on the issue.
The bench acknowledged the complexity of the issue and scheduled further hearings for January 8. It urged all parties to focus on solutions rather than disputes, cautioning against creating divides between the Centre and states.
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