Case Note & Summary
The Supreme Court addressed the issues faced by migrant labourers in the context of the ongoing pandemic through a series of directives aimed at ensuring their welfare and registration. The Court initially issued directions for the Central Government to develop a registration portal for unorganized labourers and migrant workers, mandating completion by December 31, 2021, to facilitate access to welfare schemes. The Court also directed the allocation of additional foodgrains to States for distribution to migrant labourers and emphasized the establishment of community kitchens to support those in need. During subsequent hearings, the Court noted the progress made, including the registration of approximately 27.45 crores of workers on the portal, but expressed concern over the non-compliance of several States in achieving registration targets. The Court highlighted the importance of ensuring that benefits from welfare schemes reach the intended beneficiaries and directed States to cooperate with the Central Government in this regard. Additionally, the Court recognized the need to re-evaluate the coverage under the National Food Security Act, 2013, based on updated population estimates, to prevent deprivation of eligible beneficiaries. The Court underscored that the right to food is a fundamental right under Article 21 of the Constitution of India and directed the Union Government to formulate appropriate policies to address these concerns. The matter was scheduled for further hearing on September 27, 2022.
Headnote
A) Labour Law - Registration of Unorganized Workers - Directions for Registration - National Database for Unorganised Workers (NDUW) Project - Court directed the Central Government to develop a portal for registration of unorganized labourers/migrant workers and complete the process by 31.12.2021 to ensure benefits of welfare schemes reach them. Held that timely registration is essential for the welfare of migrant workers (Paras 1-1). B) Food Security - Distribution of Foodgrains - Allocation for Migrant Labourers - Court directed the Central Government to allocate additional foodgrains as per demand from States for distribution to migrant labourers under existing schemes. Held that adequate food security measures must be in place for migrant workers (Paras 1-2). C) Community Welfare - Community Kitchens - Establishment of Community Kitchens - Court directed States to run community kitchens for migrant labourers lacking sufficient means for meals, to continue until the pandemic persists. Held that community support is crucial during crises (Paras 1-7). D) National Food Security Act - Coverage Determination - Re-evaluation of Beneficiaries - Court emphasized the need to re-determine coverage under the National Food Security Act, 2013 based on updated population figures to ensure no eligible beneficiaries are deprived. Held that the right to food is a fundamental right under Article 21 (Paras 7-8).
Issue of Consideration
Whether the Central and State Governments have complied with directions for the registration and welfare of migrant labourers.
Final Decision
The Court directed the Central Government to file a composite report on compliance with its earlier orders and mandated that States achieve registration targets for unorganized workers within six weeks. It emphasized the need for adequate food security measures and the establishment of community kitchens for migrant labourers.
Law Points
- registration of unorganized workers
- welfare schemes
- food security
- community kitchens
- One Nation One Ration Card
- compliance reporting
