The bench stated “We hope that in the issuance of ration cards, there is no politicised element in it … I have not lost my roots. I always want to know plight of poor people. There are families who continue to be poor,”
NEW DELHI: The Supreme Court of India on Wednesday raised concerns over whether essential goods provided at subsidised rates are actually reaching the Below Poverty Line (BPL) families. Many State governments claim to provide ration to those in need, but the reality may be different.
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A Bench of Justices Surya Kant and N Kotiswar Singh observed that States often use ration cards for publicity rather than ensuring benefits reach the deserving people.
“Our concern is – are benefits meant for genuine BPL (families) percolating to those pockets who do not deserve it? Ration card has become ‘popularity card’ now. States just say ‘we have issued these many’ etc. … There are some States. When they want to show their development they will say ‘per capita income is growing.’ And then when we talk of BPL, they (say) ’75 per cent is BPL’ … How can these be reconciled? The conflict is inherent. We have to ensure that it reaches the deserving people,”
Justice Surya Kant remarked.
The Court was hearing a suo motu case initiated after migrant workers faced severe hardships during the COVID-19 pandemic. Advocate Prashant Bhushan, representing the petitioners, pointed out that several migrant workers are unable to access their rightful ration benefits.
Bhushan highlighted that
“out of about 30 crore migrant workers registered on the Central government’s eSHRAM portal (a centralised database of unorganized workers meant to help them secure social security services), over 8 crore of such migrant workers do not have ration cards.”
He further stated that many poor people do not apply for ration benefits because they do not believe they will receive any assistance.
“The poor have written, ‘why to apply for it since we do not get ration?’ … 80 per cent of the population is very very poor. They are all in need of food security,”
Bhushan said.
The Court acknowledged this as a serious issue and emphasized that the government should take steps to ensure food security for the underprivileged.
“We hope that in the issuance of ration cards, there is no politicised element in it … I have not lost my roots. I always want to know plight of poor people. There are families who continue to be poor,”
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Justice Surya Kant added.
Additional Solicitor General Aishwarya Bhati, representing the Central government, informed the Court that currently, “about 81.35 crore people are covered by schemes provided for under the National Food Security Act. Another 11 crore people are covered by another similar scheme.”
Bhushan criticized the Centre for not conducting the 2021 Census and continuing to rely on 2011 data, resulting in nearly 10 crore people being excluded from the BPL category and denied free ration.
Additional Solicitor General Aishwarya Bhati, representing the Centre, stated that 81.35 crore people receive free ration under the National Food Security Act, with another 11 crore covered under a similar scheme.
The bench deferred the matter, directing the Centre to submit a response on the distribution status of free ration to the poor.
On December 9 last year, the Supreme Court expressed concern over the freebie culture, emphasizing the need for job creation and skill development for migrant workers. The court was surprised when informed that 81 crore people were receiving free or subsidized ration under the National Food Security Act, remarking, “It means only the taxpayers are left out.”
Bhushan pointed out that the top court had repeatedly directed states and union territories to issue ration cards to migrant workers for access to free ration provided by the Centre.
Earlier, on November 26 last year, the Supreme Court acknowledged the challenges in distributing freebies, noting that COVID-19 was an exceptional period when distressed migrant workers required relief.
In a judgment dated June 29, 2021, and subsequent orders, the court issued multiple directives to authorities, instructing them to implement welfare measures, including the issuance of ration cards to all distressed migrant workers registered on the e-shram portal. This national database, launched by the Union Ministry of Labour and Employment, is designed to facilitate welfare benefits and social security for unorganised sector workers.
On September 2 last year, the Supreme Court directed the Centre to submit an affidavit detailing compliance with its 2021 judgment and subsequent orders regarding ration cards and welfare measures for migrant workers.
The Centre stated that ration was being provided to all eligible individuals under the National Food Security Act.
In its 2021 verdict, the Supreme Court condemned the Centre’s “unpardonable” apathy and “lackadaisical attitude” in establishing a national database for unorganised workers, mandating its launch by July 31, 2021, to ensure their registration and access to welfare benefits. It also directed states and union territories to implement schemes for free dry ration distribution during the pandemic, while instructing the Centre to allocate and distribute additional food grains to migrant labourers.
Case Details: IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS| MA 94/2022 in SMW(C) No. 6/2020
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