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2022 Supreme(SC) 1566

SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
In Re: Problems And Miseries of Migrant Labourers – Appellant
Miscellaneous Application No. 94 of 2022 in Suo Motu Writ Petition (Civil) No. 6 of 2020
Decided On : 21-07-2022

Advocates appeared:
By Courts Motion, Advocate, Mr. Prashant Bhushan, Advocate, Ms. Cheryl D’Souza, Advocate, Ms. Aishwarya Bhati, ASG, Mr. Kanu Agrawal, Advocate, Mr. Rajat Nair, Advocate, Mr. Saurabh Mishra, Advocate, Mr. Krishnakant Dubey, Advocate, Mr. Vatsal Joshi, Advocate, Mr. Anuj Srinivas Udupa, Advocate, Mr. Aman Sharma, Advocate, Mr. Manvendra Singh, Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. Amrish Kumar, Advocate, Dr. Mansh Singhvi, Sr. Advocate, Mr. Sandeep Kumar Jha, Advocate, Mr. Divyansh Tiwari, Advocate, Ms. Nupur Kumar, Advocate, Mr. Raghvendra Kumar, Advocate, Mr. Anand Kumar Dubey, Advocate, Mr. Rajiv Kumar Sinha, Advocate, Mr. Simanta Kumar, Advocate, Mr. Nishant Verma, Advocate, Ms. Rajlakshmi Singh, Advocate, Mr. Sunil Saraogi, Advocate, Mr. Varun Singh, Advocate, Mr. Narendra Kumar, Advocate, Ms. Uttara Babbar, Advocate,Mr. Rituraj Biswas, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Sachin Patil, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shewtal Shepal, Advocate, Applicant-in-person Mr. G. Prakash, Advocate, Mr. Tapesh Kumar Singh, Advocate, Mr. Sukant Vikram, Advocate, Mr. Aditya Pratap Singh, Advocate, Mr. Aditya Narayan Das, Advocate, Mr. M. Shoeb Alam, Advocate, Mr. Satya Mitra, Advocate, Mr. Tapesh Kumar Singh, AAG, Mr. Kumar Anurag Singh, Advocate, Mr. Anando Mukherjee, Advocate, Mr. Shwetank Singh, Advocate, Mr. Raj Kishor Choudhary, Advocate, Dr. Abhishek Atrey, Advocate, Ms. Ambika Atrey, Advocate, Mr. Akash Giri, Advocate, Mr. Krishnan Mishra, Advocate, Mr. Gaurav Liberhan, AAG, Mr. R.K. Rathore, Advocate, Ms. Ranjeeta Rohatgi, Advocate, Ms. Samten Doma, Advocate, Mr. Avijit Mani Tripathi, Advocate, Mr. Upendra Mishra, Advocate, Mr. K.V. Kharlyngdoh, Advocate, Mr. T.K. Nayak, Advocate, Mr. P.S. Negi, Advocate, Mr. S. R. Kochhar, Advocate, Ms. Marbiang Khongwir, Advocate, Mr. B. V. Balaram Das, Advocate, Mr. Ejaz Maqbool, Advocate, Mr. Sumeer Sodhi, Advocate, Mr. Abhishek Lalwani, Advocate, Mr. Debashish Tiwari, Advocate, Mr. Mahfooz Ahsan Nazki, Advocate, Mr. Polanki Gowtham, Advocate, Mr. Shaik Mohamad Haneef, Advocate, Mr. T. Vijaya Bhaskar Reddy, Advocate, Mr. K.V. Girish Chowdary, Advocate, Ms. Rajeswari Mukherjee, Advocate, Mr. Pranav Sachdeva, Advocate, Mr. S. Udaya Kumar Sagar, Advocate, Ms. Sweena Nair, Advocate, Mr. P. Mohith Rao, Advocate, Mr. Pukhrambam Ramesh Kumar, Advocate, Mr. Karun Sharma, Advocate, Ms. Anupam Ngangom, Advocate, Mr. Wahengbam Immanuel Meitei, Advocate, Ms. Pinky Behera, Advocate, Mr. Shubhranshu Padhi, Advocate, Mr. Ashish Yadav, Advocate, Mr. Vishal Banshal, Advocate, Ms. Rajeshwari Sarkar, Advocate, Mr. Subhranshu Padhi, Advocate, Mr. Chirag M. Shroff, Advocate, Mr. Amandeep Mehta, Advocate, Ms. Manisha Lavkumar, Sr. Advocate, Ms. Deepanwita Priyanka, Advocate, Mr. Shadan Farasat, Advocate, Mrs. Ankita Chaudhary, Dy. AG Mr. Ramesh Thakur, Advocate, Mrs. Mrinal Elker Mazumdar, Advocate, Ms. Himanshi Shakya, Advocate, Mr. Raj Bahadur Yadav, Advocate, Mr. Anil Grover, AAG, Ms. Noopur Singhal, Advocate, Mr. Rahul Khurana, Advocate, Mr. Satish Kumar, Advocate, Mr. Suresh Kumar Bhan, Advocate, Mr. Sanjay Kumar Visen, Advocate, Mr. Manish Kumar, Advocate, Mr. Harsh Choudhary, Advocate, Mr. Abhimanyu Tewari, Advocate, Ms. Eliza Bar, Advocate, Ms. Taruna Ardhendumauli Prasad, Advocate, Ms. G. Indira, Advocate, Mr. Suhaan Mukerji, Advocate, Mr. Nikhil Parikshith, Advocate, Mr. Vishal Prasad, Advocate, Mr. Abhishek Manchanda, Advocate, Mr. Sayandeep Pahari, Advocate, Mr. Tanmay Sinha, Advocate, For M/s. PLR Chambers And Co., Advocate, Mr. Karan Bharihoke, Advocate, Mr. Abhinav Mukerji, Advocate, Mrs. Bihu Sharma, Advocate, Mr. Akshay C. Srivastava, Advocate, Ms. Pratishtha Vij, Advocate, Ms. Ruchira Goel, Advocate, Mr. Sibo Sankar Mishra, Advocate, Ms. Kanika Chugh, Advocate, Mr. Umakant Mishra, Advocate, Mr. Rajesh Kumar Nayak, Advocate, Mr. Niranjan Sahu, Advocate, Mr. Debabrata Dash, Advocate, Mr. Nitin Mishra, Advocate, Mr. Nikhil Goel, Advocate, Mr. Arnav Singh Deo, Advocate, Mr. Shuvodeep Roy, Advocate, Mr. Rakesh Dahiya, Advocate, Ms. Astha Sharma, Advocate, Mr. Biju P Raman, Advocate, Mr. M. Yogesh Kanna, Advocate, Ms. K. Enatoli Sema, Advocate, Mr. Amit Kumar Singh, Advocate, Ms. Chubalemla Chang, Advocate, Mr. Sunny Choudhary, Advocate,Mr. Divyansh Tiwari, Advocate, Mr. Sunil Fernandes, Advocate, Mr. Mohit Paul, Advocate, Mr. Hitesh Kumar Sharma, Advocate, Mr. S.K. Rajora, Advocate, Mr. Akhileshwar Jha, Advocate, Dr. Vivek Sharma, Advocate, Mr. Amit Anand Tiwari, AAG, Mr. D. Kumanan, Advocate, Mr. Sheikh Fakhruddin Kalia, Advocate, Ms. Mary Mitzy, Advocate, Ms. Devyani Gupta, Advocate, Ms. Tanvi Anand, Advocate, Mr. Nishe Rajen Shonker, Advocate, Mrs. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. Siddhesh Kotwal, Advocate, Mrs. Ana Upadhyay, Advocate, Ms. Manya Hasija, Advocate, Mr. Akash Singh, Advocate, Mr. Nihar Dharmadhikari, Advocate, Mr. Nirnimesh Dube, Advocate, Mr. B.K. Satija, Advocate, Mr. Sarad Kr. Singhania, Advocate, Mr. Vatshal Joshi, Advocate, Mr. Bhuvan Kapoor, Advocate, Mr. Krishna Kant Dubey, Advocate, Mr. G.S. Makker, Advocate, Counsel for the appearing Parties.

The judgment emphasizes the importance of registration of unorganized workers and the need to enable more needy citizens to benefit from the National Food Security Act, highlighting the fundamental right to food under Article 21 of the Constitution of India.

Headnote:
Migrant Labourers - Suo Motu Writ Petition - National Food Security Act, 2013, Act of 1979 - Section 9 of NFSA, 2013 - One Nation One Ration Card - Registration of Unorganized Workers - eShram Portal - Foodgrains Distribution - Community Kitchens - Right to Food
Fact of the Case:

The court issued directions to the Central Government and States/Union Territories regarding the registration of unorganized laborers/migrant workers, allocation and distribution of foodgrains, implementation of 'One Nation One Ration Card' scheme, and running of community kitchens for feeding migrant laborers.
Finding of the Court:

The Central Government developed the eShram portal for registration of unorganized workers, but some States failed to achieve the registration targets. The court directed these States to cooperate with the Union of India to ensure registration within six weeks. The court also emphasized the need to re-determine the coverage under the National Food Security Act and enable more needy citizens to benefit from the Act.
Issues: Registration of unorganized workers, allocation and distribution of foodgrains, implementation of 'One Nation One Ration Card' scheme, re-determining the coverage under the National Food Security Act
Ratio Decidendi: The court emphasized the importance of registration of unorganized workers and directed non-compliant States to cooperate for registration. It also highlighted the need to enable more needy citizens to benefit from the National Food Security Act.
Final Decision: The court directed non-compliant States to ensure registration of unorganized workers within six weeks and instructed the Union of India to consider population increase and file a response regarding the benefits under the National Food Security Act.

ORDER

M.R. Shah, J. - That while disposing of Suo Motu Writ Petition (Civil) No. 6 of 2020 - In Re: Problems and Miseries of Migrant Labourers, this Court issued the following directions:-

(i) It is directed that the Central Government to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. We also impress upon and direct that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. We also impress upon and direct that the process of registration of the unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021. All the concerned States/Union Territories and the Licence Holders/Contractors and others to cooperate with the Central Government to complete the process of registration of migrant workers and unorganized labourers so that the benefits of the welfare schemes declared by the Central Government/State Governments/ Union Territories be available to migrant workers and unorganized labourers for whose benefits the welfare schemes are declared.

(ii) The Central Government having undertaken to distribute additional quantity of foodgrains as demanded by the States/Union Territories for distribution to migrant labourers under some Scheme framed by the States, we direct the Central Government, Department of Food and Public Distribution (Ministry of Consumer Affairs, Food and Public Distribution) to allocate and distribute foodgrains as per demand of additional food-grains from the States for disbursement of dry foodgrains to migrant labourers.

(iii) 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 foodgrains from the Central Government, which, as directed above, shall provide the additional foodgrains to the State. The State shall consider and bring an appropriate Scheme, which may be implemented on or before 31.07.2021. Such scheme may be continued and operated till the current pandemic (Covid-19) continues.

(iv) The States, who have not yet implemented "One Nation One Ration Card" scheme are directed to implement the same by not later than 31.07.2021.

(v) The Central Government may undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered under the Rural and Urban areas of the State.

(vi) We direct all the States/Union Territories to register all establishments and license all contractors under the Act, 1979 and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.

(vii) The 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. The running of the community kitchen should be continued at-least till pandemic (Covid-19) continues.

2. Thereafter, the matter was again heard on 18.05.2022 and this Court passed the following order:-

"Ms. Aishwarya Bhati, learned ASG, appearing for the Central Government prays for some time to place on record the compliance report. She has stated at the Bar that, as such, the Central Government has already developed the Portal in consultation with the National Informatics Centre for registration of the unorganized labourers/migrant workers pan-India. She has stated at the Bar that approximately 27.45 Crores are registered in the portal on the basis of the information given by the respective concerned States. How the Central Government and the concerned States are going to take the advantage and/or the benefit of t

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2022 Supreme(SC) 1566

SUPREME COURT OF INDIAM.R. Shah, B.V. Nagarathna, JJ.In Re: Problems And Miseries of Migrant Labourers – AppellantMiscellaneous Application No. 94 of 2022 in Suo Motu Writ Petition (Civil) No. 6 of 2020Decided On : 21-07-2022

The judgment emphasizes the importance of registration of unorganized workers and the need to enable more needy citizens to benefit from the National Food Security Act, highlighting the fundamental right to food under Article 21 of the Constitution of India.

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SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
In Re: Problems And Miseries of Migrant Labourers – Appellant
Miscellaneous Application No. 94 of 2022 in Suo Motu Writ Petition (Civil) No. 6 of 2020
Decided On : 21-07-2022