SC Directs Centre To File Affidavit On Compliance With 2021 Verdict On Welfare Measures For Migrant Workers

The Apex court, in June 29, 2021 judgement and subsequent orders, had passed a slew of directions to the authorities asking them to undertake welfare measures, including giving ration cards to all migrant workers, who were distressed during the COVID-19 pandemic, registered with the ‘e-Shram’ portal.

The ‘e-Shram’ is a comprehensive National Database of Unorganised Workers (NDUW) launched by the Union Ministry of Labour and Employment with a primary aim to facilitate delivery of welfare benefits and social security measures to unorganised sector workers across the country.

“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. Such an affidavit will contain all the details of steps taken on any direction issued via main judgement and subsequent orders. This must be done within the period of three weeks,” said a bench comprising Justice CT Ravikumar and Justice Sanjay Karol.

The Apex court ordered the listing after three weeks the suo motu (on its plea), which was registered during the peak of COVID-19, to ensure welfare of distressed migrant workers, who were forced to flee Delhi and other places during lockdowns.

A sharp exchange of words took place between lawyer Prashant Bhushan and Justice Karol when it was suggested to the advocate that since the pandemic was over the plea can be closed over.

“Listen...Covid is over. We are going to close this. If anybody has any problem in issuance of ration cards, then they can move to respective high courts. Please address this as to why this is not closed. We will close this case with that direction,” Justice Karol said.

“Please do not say that. The scope of the proceedings have already been expanded. If my Lordships say that this matter will be closed, then this is against judicial discipline...you cannot do this,” visibly angry Bhushan told the bench.

“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,” the bench replied.

“I am so angry with what your lordship just said,” Bhushan said and later apologised for losing cool.

At the outset, Bhushan said the Centre was in contempt for not following the directions issued in the judgement and subsequent orders.

The census was done in 2021 and accordingly the Centre did a population survey and found that there were more than 10 million people eligible for ration cards and the government is saying that they cannot issue further ration cards, he said.

The bench said as the COVID was over, the matter has to be closed and the aggrieved persons can move the high courts.

“There has to be give and take of respect. We can never be angry with the Bar because we are from there only," the bench said.

“I am sorry. I should not have been angry and have acted like that,” the lawyer said.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the government was currently providing ration to all those people who are eligible under the National Food Security Act (NFSA).

The bench then asked the Centre to file an affidavit indicating compliance of the judgement and subsequent directions.

The Apex court, in the 2021 judgement, had termed as “unpardonable” the Centre's “apathy and lackadaisical attitude” towards creating National Database for Unorganised Workers (NDUW) and ordered its commencement by July 31, 2021 so that all migrant workers are registered and welfare measures extended to them during COVID distress.

It had ordered the states and Union Territories (UTs) to frame schemes for providing free dry ration to them till the pandemic lasts, while the Centre will have to allocate additional foodgrains.

A bench comprising Justice M R Shah, since retired, had also ordered that the states, which have not yet implemented 'One Nation One Ration Card' scheme are directed to implement the same.

The Apex court directed the department of Food and Public Distribution to “allocate and distribute foodgrains as per demand of additional food-grains from the states for disbursement of dry food grains to migrant labourers".

“We direct the states to bring in place an appropriate scheme for distribution of dry ration to migrant labourers for which it shall be open for states to ask for allocation of additional food grains from the Central Government, which, as directed...shall provide the additional food grains to the state,” it had ordered, adding it may be continued till the current pandemic exists.

The suo motu case was registered in 2020 after taking cognizance of problems and miseries of the migrant labourers and had passed a slew of directions.