Case Note & Summary
The Supreme Court of India addressed the severe challenges faced by migrant labourers during the COVID-19 pandemic, particularly following the nationwide lockdown initiated on March 24, 2020. The court took suo motu cognizance of the plight of these workers, who faced unemployment and fear of the virus, leading to a mass exodus from urban areas to their native places. In response to the crisis, the court issued several directions to the Central Government and State authorities to facilitate the transportation of stranded migrant workers and ensure their access to food and shelter. The court emphasized the importance of implementing existing welfare schemes and highlighted the need for strict supervision to ensure that benefits reached the intended recipients. As the pandemic continued, the court reiterated its directives, including the establishment of counselling centres and the provision of dry rations to those without ration cards. The court also underscored the significance of the National Food Security Act, 2013, and the One Nation One Ration Card scheme, mandating that States ensure food security for all migrant workers. Ultimately, the court's decisions aimed to protect the rights and welfare of migrant labourers, who constitute a significant portion of the workforce in India, and to hold the government accountable for their well-being during the ongoing health crisis.
Headnote
A) Constitutional Law - Right to Life - Access to Basic Necessities - Constitution of India, Article 21 - The court emphasized that the Right to Life includes the right to live with dignity, which encompasses access to food and basic necessities, especially for vulnerable groups like migrant workers during the pandemic. Held that the State has a duty to ensure food security for all citizens (Paras 17-32). B) Labour Law - Welfare of Migrant Workers - Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - The court highlighted the need for effective implementation of laws protecting migrant workers from exploitation and ensuring their welfare, especially during crises like the pandemic. Held that States must take proactive measures to safeguard migrant workers' rights (Paras 41-41). C) Food Security - National Food Security Act, 2013 - The court directed the Central Government to ensure that migrant workers, especially those without ration cards, receive dry rations and that States implement necessary schemes for food distribution. Held that the State must not neglect its duty to provide food security (Paras 39-40).
Issue of Consideration
What measures should be taken to address the problems faced by migrant labourers during the COVID-19 pandemic?
Final Decision
The Supreme Court directed the Central Government to allocate additional food grains for distribution to migrant labourers and mandated States to implement schemes for providing dry rations, ensuring that all migrant workers, especially those without ration cards, receive necessary support. The court emphasized the need for effective implementation of the One Nation One Ration Card scheme and directed States to ensure its full implementation by July 31, 2021.
Law Points
- Right to Life
- Food Security
- Welfare of Migrant Workers
- Disaster Management
- One Nation One Ration Card
