Summary
In the suo motu proceedings on the problems of migrant labourers, the Supreme Court reviewed compliance with its directions of 29.06.2021. The Union had developed the eShram portal, but several States had registered less than half their targets of unorganised workers. The Court directed those States to complete registration within six weeks and to report to the Ministry of Labour. It noted that additional foodgrains had been supplied and that One Nation One Ration Card had been enabled in all States. Coverage under the National Food Security Act, 2013 was still fixed on the 2011 census, which risked excluding needy people. Recalling that the right to food is a fundamental right under Article 21, the Court asked the Union to devise a formula or policy so that coverage is not restricted to the 2011 figures, taking into account population growth between 2011 and 2021.
Issues
- What further directions were needed to secure compliance with the 29.06.2021 directions on registering unorganised and migrant workers, food distribution and coverage under the National Food Security Act, 2013.
Provisions considered
- Section 9, National Food Security Act, 2013Coverage of rural and urban persons in each State is still based on the 2011 census. The Union was asked to consider re-determining it in light of population growth. (¶¶ 1, 7, 8)
- Article 21, Constitution of IndiaThe right to food is a fundamental right, which is why the Court asked that NFSA benefits reach more needy persons. (¶ 8)
Held
- The Union has developed the NDUW/eShram portal for registering unorganised workers, but several States, including Maharashtra, Tamil Nadu, Telangana, Gujarat and Karnataka, have fallen well short of their targets. Lagging States must complete registration within six weeks, so that welfare schemes reach these workers, and report to the Ministry of Labour and Employment for a further status report. (¶¶ 3, 4, 5)
- The Court recorded that additional foodgrains had been supplied under the Open Market Sales Scheme as assessed locally, and that One Nation One Ration Card had been enabled in all States and Union Territories. (¶ 6)
- The grievance that NFSA coverage, fixed on 2011 population figures, excludes needy persons and migrants without ration cards is genuine. The Union must look into it and come up with a formula or policy so that benefits are not restricted to the 2011 census, considering the population increase from 2011 to 2021. (¶¶ 7, 8)
Result
Directions issued. States lagging on eShram registration must complete it within six weeks and report to the Union. The Union is to respond on revising NFSA coverage, and the matter is listed on 27.09.2022.