1. Suo motu writ petition concerning the welfare, transportation, and food security of migrant laborers during the COVID-19 pandemic under various labor and food security laws. (Para 1 , 2 , 3 , 8 )
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2021 Supreme(SC) 302
SUPREME COURT OF INDIA
ASHOK BHUSHAN, M.R. SHAH, JJ.
Bandhua Mukti Morcha – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (C) No. 916 of 2020, Suo Motu Writ Petition (Civil) No. 6 of 2020
Decided On : 29-06-2021
Advocates appeared:
For Petitioner(s): By Courts Motion
For the NHRC :Prashant Bhushan, Colin Gonsalves, Gunjan Singh, Amiy Shukla, Satya Mitra, Mohit Paul, Sunaina Phul, Advocates
For the UOI :Tushar Mehta, K.M. Nataraj, Aishwarya Bhati, Kanu Agarwal, Rajat Nair, Saurabh Mishra, B.V. Balram Das, Advocates
For Petitioner(s): By Courts Motion
For the NHRC :Prashant Bhushan, Colin Gonsalves, Gunjan Singh, Amiy Shukla, Satya Mitra, Mohit Paul, Sunaina Phul, Advocates
For the UOI :Tushar Mehta, K.M. Nataraj, Aishwarya Bhati, Kanu Agarwal, Rajat Nair, Saurabh Mishra, B.V. Balram Das, Advocates
The Court affirmed that the Right to Life under Article 21 includes food security and dignity for migrant workers. It directed the government to ensure dry ration distribution, implement 'One Nation One Ration Card,' finalize the National Database for Unorganised Workers, and strictly enforce the Inter-State Migrant Workmen Act, 1979.
Headnote:
Disaster Management Act, 2005 - Section 51 - Lockdown - Pandemic - Affidavits - One of groups, which were severally affected by pandemic, was migrant labouers - When Nationwide Lockdown was declared, after few days, there was huge exodus of the migrant labourers from their place of work to their native places. Two primary reasons which resulted in exodus were cessation of employment due to lockdown and fear of the pandemic - When large number of migrant labourers started walking on highways on foot, cycles and other modes of transports without food and facing several untold miseries - In pursuance of order dated affidavits were filed - Apart from filing of affidavit by Central Government, States/Union Territories, few persons also filed intervention application in this writ petition bringing into notice of this Court several facts, figures and suggested different measures for ameliorating the conditions of the migrant labourers - Whether the establishment falls under the Central sphere or State sphere – Held, Court are of view that State should run the community kitchens at prominent places where large number of migrant labourers are there, which community kitchens should be continued at-least till the pandemic continues - States should advertise places where facility of community kitchen/subsidized meals is provided so that no migrant labour, who is unable to arrange for his two meals can remain hungry - Direct bank transfer being matter of policy and being in domain of the State, no direction can be issued by this Court for any direct bank transfer as claimed by certain applicants/intervenors. We only observe that in event any person is entitled for direct bank transfer as per existing scheme in any State, he can avail the said benefit by the mechanism as provided in the policy decision - dispose of the writ petitions.
Legal Category Hierarchy
- constitutional law
- administrative law
- labour law
Table of Contents
2. Applicants sought dry rations for non-NFSA beneficiaries and labor registration; Government cited existing schemes and technical delays in developing the national registration portal. (Para 19 , 23 , 26 , 46 , 74 )
3. Right to life under Article 21 encompasses food security and dignity; registration of unorganized workers is essential for accessing welfare benefits; government apathy in portal development is unpardonable. (Para 14 , 15 , 17 , 24 , 32 , 75 , 76 )
4. The State's duty to ensure food security and dignity for vulnerable migrant workers under Article 21 necessitates proactive registration and distribution of basic necessities. (Para 17 , 32 )
5. Directions issued for NDUW portal implementation, dry ration schemes, ONORC adoption, NFSA coverage re-determination, registration under the 1979 Act, and operation of community kitchens. (Para 80 )
6. Does the Right to Life under Article 21 include the right to food?
Yes, the fundamental right to life enshrined in Article 21 may be interpreted to include the right to live with human dignity, which encompasses the right to food and other basic necessities. (Para 17 , 32 )
7. Why is the registration of unorganized workers critical for their welfare?
Registration is pivotal because it is the primary mechanism through which unorganized workers can access and claim benefits from various welfare schemes provided by the Central and State Governments. (Para 50 , 76 )
8. What is the purpose and necessity of the One Nation One Ration Card scheme for migrant workers?
It provides nationwide portability of National Food Security Act ration cards, ensuring that migrant workers can access their food entitlements at any Fair Price Shop across the country, regardless of their native state. (Para 35 , 37 )
9. What are the obligations of contractors under the Inter-State Migrant Workmen Act, 1979?
Contractors must obtain licenses, register establishments, and furnish particulars of migrant workers to specified authorities in both the home and host states to ensure workers receive statutory benefits. (Para 44 , 45 , 46 )
JUDGMENT :
ASHOK BHUSHAN, J.
1. The Worldwide Pandemic COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. The pandemic had affected each and every person in the world including all citizens of this country. The pandemic has adversely affected all businesses including the small scale businesses, industries, markets and smallest of the person.
2. One of the groups, which were severally affected by the pandemic, was the migrant labouers. When Nationwide Lockdown was declared on 24.03.2020, after few days, there was huge exodus of the migrant labourers from their place of work to their native places. Two primary reasons which resulted in the exodus were cessation of employment due to lockdown and fear of the pandemic. When large number of migrant labourers started walking on highways on foot, cycles and other modes of transports without food and facing several untold miseries, this Court suo motu took cognizance of the problems and miseries of the migrant labourers by its order dated 26.05.2020 on which date, this Suo Motu Writ Petition had been registered. We had issued the notice to the Union of India and all States/ Union Territories and directed the learned Solicitor General to assist the Court and by the next date of hearing bring in the notice of the Court all measures and steps taken by the Government of India and to be taken in this regard.
3. In pursuance of our order dated 26.05.2020 affidavits were filed. Apart from filing of affidavit by the Central Government, States/Union Territories, few persons also filed intervention application in this writ petition bringing into notice of this Court several facts, figures and suggested different measures for ameliorating the conditions of the migrant labourers. One of the major issues, which, at that time, was to be tackled by the States and Union Territories was the transportation of migrant labourers from their work place to their native places.
4. We had issued certain directions on 28.05.2020 and thereafter issued further directions on 09.06.2020, in paragraph 26 of which order, we noticed following:-
“26. As noted above, the State and Union Territories in their affidavits have referred to various measures, the orders and guidelines issued by the Central Government, the orders issued by the National Executive Committee under the Disaster Management Act, 2005, policies and decisions taken by the concerned States. The States and Union Territories claimed to be following all directions and policies and taking necessary steps for running the relief camps, shelter camps, attending the needs of food and water of the migrants, attending the requirement of transportation of migrant workers to their native places. There can be no exception to the policies and intentions of the State but what is important is that those on whom implementation of circulars, policies and schemes are entrusted are efficiently and correctly implementing those schemes. Lapses and short-comings in implementing the schemes and policies have been highlighted by various intervenors in their applications and affidavits. The responsibility of the States/Union Territories is not only to referring their policy, measures contemplated, funds allocated but there has to be strict vigilance and supervision as to whether those measures, schemes, benefits reaches to those to whom they are meant. We impress on States and Union Territories to streamline the vigilance and supervision of actions of their officers and staff and take appropriate action where required. We also have no doubt that most of the officers, staff of administration and police are discharging their duties with devotion and hard-work but the lapses have to be taken note of and remedial action be taken. We further notice from the materials on record that police officers of States, paramilitary forces wherever deployed are doing comm
