Migrant Workers’ Welfare: Supreme Court Directs Expedited Ration Card Issuance

The Supreme Court of India, in the case of In Re Problems and Miseries of Migrant Labourers, addressed the ongoing challenges faced by migrant and unorganized workers in India. The case, which originated as a suo motu matter, focused on the necessity of registering migrant workers on the eShram portal and ensuring their access to ration cards under the National Food Security Act (NFSA). The Court reviewed the measures taken by the Union of India and State Governments to provide relief to migrant laborers and emphasized the need for further efforts to ensure food security for all.

The Court acknowledged that while the registration of over 28.60 crore workers on the eShram portal was commendable, approximately 7.97 crore registered workers still lacked ration cards, potentially depriving them of essential food supplies and government benefits. In response, the Court directed all States and Union Territories to expedite the issuance of ration cards within three months, ensuring that all migrant workers receive the benefits of food security schemes.

Background of the Case

The case stems from a larger concern about the difficulties faced by migrant workers, particularly during the COVID-19 pandemic. The Supreme Court had earlier taken suo motu cognizance of the issue and directed the Central Government and State Governments to take necessary measures to protect the rights of migrant laborers.

In its latest hearing, the Court examined a further status report filed by the Union of India detailing:

The progress of migrant worker registrations on the eShram portal, launched on August 26, 2021.
The integration of eShram data with ration card databases to facilitate food security benefits.
The need for additional efforts by State Governments to issue ration cards to the remaining unregistered workers.

Key Arguments Presented

Union of India’s Submissions

The government had successfully registered 28.60 crore migrant workers on the eShram portal.
The integration of eShram data with the ration card database revealed that 20.63 crore registered workers already had ration cards.
Approximately 3.82 crore workers registered on eShram were also found to be beneficiaries under PM-Kisan Samman Nidhi.
The Pradhan Mantri Shram Yogi Maan-Dhan Yojana (PM-SYM) benefits were extended to eligible migrants.
Each State has its own policies for ration card issuance, and further action must be taken at the State level.

Petitioner’s (Amicus Curiae Prashant Bhushan) Submissions

Around 10 crore people were still deprived of food security benefits due to the non-issuance of ration cards.
The delay in issuing ration cards was due to the continued reliance on the 2011 Census, which does not reflect the current population.
He urged the Court to direct State Governments to take immediate steps to issue ration cards to all eligible migrant workers.

Supreme Court’s Observations

The Supreme Court, comprising Justices M.R. Shah and Ahsanuddin Amanullah, made the following key observations:

Commendation for Registration Efforts: The Court appreciated the government’s efforts in registering over 28.60 crore migrant workers, calling it a “commendable job.”
Concerns Over Ration Card Issuance: The Court noted that despite significant registration, nearly 7.97 crore workers were still without ration cards.
State Responsibility: The Court emphasized that as a welfare state, it is the duty of State Governments and Union Territories to ensure all migrant workers receive ration cards.
Importance of Food Security: The Court highlighted that without ration cards, many migrant workers and their families could be deprived of benefits under the National Food Security Act (NFSA).
Urgency of Action: The Court directed all States and UTs to complete the process of issuing ration cards to the remaining migrant workers within three months.

Final Judgment

The Supreme Court issued the following directives:

All States and Union Territories must complete the issuance of ration cards to all eligible migrant workers within three months.
The Union of India and State Governments must reach out to migrant workers and facilitate their inclusion in ration card databases.
The exercise should be conducted through district-level offices and must be given wide publicity to ensure maximum outreach.
A further status report must be submitted by the Union of India by October 3, 2023.

Implications of the Judgment

The ruling has significant implications for migrant workers and unorganized laborers across India:

Strengthened Food Security: Ensuring that all migrant workers have access to ration cards will prevent hunger and malnutrition among vulnerable populations.
Faster Policy Implementation: The integration of eShram data with ration card databases allows for more targeted and efficient government interventions.
Increased Accountability: State Governments are now under a legal obligation to act swiftly in issuing ration cards.
Impact on Future Census Data: The reliance on the outdated 2011 Census highlights the need for an updated population count to ensure fair distribution of resources.

Conclusion

The Supreme Court’s ruling in In Re Problems and Miseries of Migrant Labourers is a landmark decision reinforcing the rights of unorganized and migrant workers. By directing States to issue ration cards to all registered workers within three months, the Court has ensured that millions of laborers will gain access to vital food security schemes. This ruling is a step forward in safeguarding the rights of India’s most vulnerable populations, ensuring that no one is left behind in government welfare initiatives.

Petitioner Name: In Re Problems and Miseries of Migrant Labourers.
Respondent Name: Union of India.
Judgment By: Justice M.R. Shah, Justice Ahsanuddin Amanullah.
Place Of Incident: Nationwide, India.
Judgment Date: 20-04-2023.

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