Yesterday, On 26th November, The Supreme Court expressed concern over the continued distribution of free rations, noting the unique circumstances of the COVID-19 pandemic that had justified such measures. The court had earlier issued directives to ensure welfare initiatives, including providing ration cards to migrant workers. It questioned the long-term sustainability of free ration schemes post-pandemic. Authorities have been urged to focus on balancing welfare with practical governance.
New Delhi: The Supreme Court highlighted the challenges associated with distributing freebies, noting that the circumstances during the COVID-19 pandemic were unique, particularly for distressed migrant workers.
In its judgment on June 29, 2021, along with subsequent orders, the Court directed authorities to implement welfare measures, including issuing ration cards to all migrant workers registered on the “e-Shram” portal a comprehensive national database of unorganised workers launched by the Union Ministry of Labour and Employment to facilitate the delivery of welfare benefits and social security measures.
During the proceedings, advocate Prashant Bhushan, representing an NGO advocating for free rations for migrant workers, informed the bench of Justices Surya Kant and Ujjal Bhuyan about the ongoing need for support.
Justice Kant remarked,
“A ration card is an important official document associated with a person’s identity and entitlement, but difficulties arise when we indulge in freebies. COVID times were different, but now we must reassess the situation.”
Solicitor General Tushar Mehta countered Bhushan’s claims, asserting that the government is obligated to follow the National Food Security Act of 2013, which stipulates entitlements that would be met. He also criticized certain NGOs for not operating on the ground during the pandemic, implying that the petitioner NGO was among them.
Bhushan argued that the Centre’s reliance on the 2011 census for data on migrant workers was problematic, as no census had been conducted in 2021, leading to outdated figures.
He stated,
“There is a jump in figures by at least 20 percent, and that’s why this court directed that, despite the Food Security Act, the government can extend relief to migrant workers registered on the e-Shram portal,”
The bench clarified that the litigation was not adversarial and expressed its intent to find a common ground for both parties. The matter set for a hearing on December 9.
On September 2, the Supreme Court instructed the Centre to file an affidavit detailing compliance with its 2021 judgment regarding the provision of ration cards and other welfare measures for migrant workers.
This case originated during the peak of the COVID-19 pandemic, when the Court sought to ensure the welfare of distressed migrant workers who were compelled to leave urban areas like Delhi during lockdowns.
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The Centre previously stated that it was providing rations to all eligible individuals under the National Food Security Act.
In its 2021 judgment, the Supreme Court described the Centre’s “apathy and lackadaisical attitude” toward establishing a national database for unorganised workers as “unpardonable,” ordering that the registration of all migrant workers and provision of welfare measures begin by July 31, 2021.
It also mandated states and union territories to create schemes for providing free dry rations to migrant workers during the pandemic and directed the Centre to allocate and distribute additional food grains to them.