1. Suo motu writ petition concerning the welfare, food security, and registration of migrant laborers during the COVID-19 pandemic. (Para 2 , 8 )
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2021 Supreme(SC) 871
SUPREME COURT OF INDIA
Ashok Bhushan, M.R. Shah, JJ.
In Re: Problems And Miseries Of Migrant Labourers - Appellant
Versus
. - Respondent
SUO MOTU Writ Petition (Civil) No. 6 of 2020 with Writ Petition (C) No. 916 of 2020
Decided On : 29-06-2021
Points of Law : Section 142 of the Social Security Code, 2020 has been notified by Ministry of Labour & Employment covering applicability of Aaadhar - Notification of section will enable Ministry of Labour and Employment to collect Aaadhar details for database of beneficiaries under various social security schemes.
Headnote:
National Food Security Act, 2013 - Section 9 - Lockdown was declared - Schemes for providing employment - Worldwide Pandemic COVID-19 engulfed this country and continues till date changing its face from time to time - Different mutations in virus have made it dangerous and fatal at times pandemic had affected each and every person in the world including all citizens of this country pandemic has adversely affected all businesses including small scale businesses industries markets and smallest of person.
Finding of The Court :
Central Government may undertake exercise Section National Food Security re-determine total number of persons to be covered Rural and Urban areas of State court direct all States/Union Territories to register all establishments and license all contractors and ensure that statutory duty imposed on contractors to give particulars of migrant workers is fully complied with State/Union Territories are directed to run community kitchens at prominent places where large number of migrant labourers are found for feeding those migrant labourers who does not have sufficient means to procure two meals a day running of community kitchen should be continued at-least till pandemic (Covid-19) continues.
Result : Petition disposed
Legal Category Hierarchy
- constitutional law
- labour law
- administrative law
Table of Contents
2. Applicants sought dry rations for non-NFSA beneficiaries and worker registration; Government cited temporary schemes and technical delays in portal development. (Para 19 , 23 , 74 )
3. Right to life includes food security; registration is essential for welfare access; government apathy in developing the registration portal is unpardonable. (Para 17 , 32 , 75 , 76 )
4. The State has a constitutional obligation under Article 21 to ensure food security and dignity for vulnerable workers through registration and welfare schemes. (Para 17 , 32 )
5. Directed implementation of NDUW portal, ONORC, dry ration schemes, community kitchens, and strict enforcement of the Inter-State Migrant Workmen Act, 1979. (Para 80 )
6. Does the Right to Life under Article 21 include the right to food?
Yes, the court held that 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 32 )
7. Why is the registration of unorganized workers critical for their welfare?
Registration is pivotal because it is the primary mechanism that enables unorganized workers to access and claim benefits from various welfare schemes declared by the Central and State Governments. (Para 50 , 76 )
8. What are the statutory obligations regarding the Inter-State Migrant Workmen Act, 1979?
States and Union Territories must register all establishments and license all contractors under the Act, ensuring that contractors comply with the statutory duty to provide particulars of migrant workers to authorities. (Para 46 , 80 )
9. What is the legal obligation of States regarding the One Nation One Ration Card scheme?
States are duty-bound to implement the scheme to ensure that NFSA beneficiaries can access their ration entitlements at any Fair Price Shop across the country, regardless of their native state. (Para 37 , 38 )
10. How should the coverage of the National Food Security Act be updated?
The Central Government should undertake an exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered in rural and urban areas. (Para 40 , 80 )
JUDGMENT
Ashok Bhushan, J. - 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, para-military forces wherever deployed are doing
