Back
2021 Supreme(Online)(SC) 500
SUPREME COURT
*Ashok Bhushan, M. R. Shah, JJ.
In Re: Problems and Miseries of Migrant Labourers v. Nil
Suo Motu W. P. (C) No. 6 of 2020
The court established that the Right to Life includes access to food security and mandated governments to ensure effective welfare for migrant workers during crises.
Headnote:(A) Constitution of India - Article 21 - National Food Security Act, 2013 - Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Due to COVID-19, migrant workers faced severe hardships, leading to Supreme Court intervention. The Court issued multiple directions for the welfare of migrant workers concerning transport, food security, and registration under various welfare schemes, highlighting the duty of States to ensure implementation. (Paras 1-81)
(B) The Right to Life - The constitutional right includes dignity and access to basic necessities. States have a duty to ensure food security for all, particularly during crises like the pandemic. (Paras 14, 26, 32)
(C) Administrative responsibilities - The need for strict implementation of existing laws aimed at protecting migrant workers was emphasized, with gaps in execution identified. (Paras 4, 46-48)
(D) Directives - States must ensure community kitchens for migrant workers and develop systems to provide dry rations. (Paras 78-79) (E) Implementation deadlines - The Court set deadlines for various Schemes and actions to ensure timely support for vulnerable populations. (Paras 80-81)
Facts of the case:
The COVID-19 pandemic caused severe disruptions, particularly affecting migrant workers. The Supreme Court on its motion initiated proceedings to address their plight. The Court observed alarming conditions that necessitated intervention, mandating governments to take swift action regarding transport and nutrition. (Paras 1-3)
Findings of Court:
The Court found inadequate measures by various States in addressing the needs of migrant workers and directed a more structured and enforceable approach to ensure welfare. (Paras 43-45)
Issues: The Court addressed the need for providing food security, the registration of migrant workers, and the implementation of several legislations aimed at protecting their rights during the pandemic. (Paras 22, 76)
Ratio Decidendi: The Court reinforced the obligation of the State to ensure that migrant workers retain access to necessary resources during emergencies and emphasized collaborative efforts between Central and State governments for effective welfare implementation. (Paras 14, 25)
Result: The writ petition was disposed of with specific directions for the governments to implement urgent measures for the welfare of migrant workers, including food security and transportation. (Paras 80-81)
| Table of Content |
|---|
| 1. impact of covid-19 on citizens and migrant laborers. (Para 1 , 2) |
| 2. court's directions regarding transportation during lockdown. (Para 3 , 4 , 5) |
| 3. implementation measures taken by states. (Para 6 , 7 , 8) |
| 4. constitutional protections and social justice. (Para 13 , 14 , 15 , 16) |
| 5. need for improved welfare resources for migrant laborers. (Para 18 , 19 , 20) |
| 6. vulnerabilities faced by migrant laborers. (Para 21 , 22) |
| 7. rights and entitlement to dry rations. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 8. implementation status of one nation one ration card. (Para 37 , 38 , 39) |
| 9. legislation aimed at protecting migrant workers. (Para 40 , 41 , 42 , 43 , 44 , 45) |
| 10. analysis of registration processes for migrant workers. (Para 46 , 47 , 48 , 49 , 50) |
| 11. challenges faced during the registration. (Para 51 , 52 , 53 , 54) |
| 12. state's responsibilities and welfare schemes. (Para 55 , 56 , 57 , 58 , 59) |
| 13. diverse approaches of states in registration. (Para 60 , 61 , 62 , 63 , 64) |
| 14. implications of the national database for unorganized workers. (Para 65 , 66 , 67 , 68) |
| 15. conclusion on required actions and future measures. (Para 69 , 70 , 71) |
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 t
