Supreme Court on Welfare of Migrant Workers during Covid-19 Pandemic

 

INTRODUCTION

On today’s show we will discuss another latest judicial pronouncement, namely, Bandhua Mukti Morcha v. Union of India & Others, Suo Motu Writ Petition (Civil) No. 6 of 2020, wherein the Hon’ble Supreme Court of India, vide Judgment dated 29.06.2021, passed certain directions for the welfare and well-being of the migrant workers and unorganized labourers of India.

 

CHRONOLOGY OF EVENTS

 

At the outset, in this case, the Court observed that “when the migrant labourers form more than 1/4^th population of the country, all Governments/authorities have to take special care regarding welfare of these migrant workers/labourers.”

 

Earlier, in this very case, the Supreme Court had passed Order dated 26.05.2020 to apprise the Court of the steps taken by the government in relation to the plight of migrant workers regarding their movements and transportation, during the period of pandemic and the lockdown.

 

Thereafter certain directions were issued by the Court on 09.06.2020 indicating that the migrant workers have to be dealt with humanely and benefits of the existing governmental schemes must be given to them.

 

Similar directions were also passed by the Court on 13.05.2021 and 24.05.2021 indicating that there is a need to introduce the facility of One Nation One Ration Card to the needy migrants. “One Nation One Ration Card is a scheme implemented by the Government of India providing for nation-wide portability of National Food Security Act Ration card.” The Central Government and the States submitted their affidavits and compliances before the Supreme Court and it is in this light that on 29.06.2021, the Supreme Court passed certain directions in relation to the migrant workers. These directions involved the following points: -

 

Firstly, entitlement of dry ration by migrant workers who are not covered by the National Food Security Act, 2013 and who do not possess a ration card.

 

Secondly, the implementation of “One Nation One Ration Card” by States and Union Territories.

 

Thirdly, coverage of Rural and Urban population under National Food Security Act, 2013.

 

Fourthly, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, its working and implementation. (Basically, the Inter-state Migrant Workmen Act provides for regulation of the employment of inter-State migrant workmen and their conditions of service).

 

Fifthly, the registration of unorganized workers.

 

Sixthly, community Kitchen for Migrant Labourers by States/Union Territories.

 

And lastly, Direct Bank Transfers to unorganized workers.

 

Therefore, let us discuss the directions of the Supreme Court in this regard.

 

DIRECTIONS BY THE COURT

 

Firstly, the Court directed the the Central Government to develop a “Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers.” Such National Database for Unorganized Workers (NDUW) is to be implemented by 31.07.2021 and the process of registration of workers is to be completed by 31.12.2021, so that the benefits of the Welfare Schemes of the government become available to the migrant workers and unorganized labourers at the earliest.

 

Secondly, with respect to the issue of food security, the Central Government was directed “to allocate and distribute foodgrains as per demand of additional food-grains from the States.”

 

Thirdly, with respect to the issue of food security, the states were also directed to bring in place an appropriate scheme for distribution of dry ration to migrant labourers for which it shall be open for the States to ask for allocation of additional foodgrains from the Central Government. Such scheme is to operate at least till the time the Covid-19 pandemic continues.

 

Fourthly, all the states that have not yet implemented “One Nation One Ration Card” Scheme were directed to implement the same by 31.07.2021.

 

Fifthly, the Central Government was directed to re-determine the total number of persons to be covered under the National Food Security Act, 2013, in both the rural and the urban areas.

 

Sixthly, the States and the Union Territories were directed to register all establishments under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and “ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.”

 

And lastly, the States and the Union Territories were further directed “to run community kitchens at prominent places where large number of migrant labourers are found for feeding those migrant labourers who do not have sufficient means to procure two meals a day.” Such Community Kitchens were directed to run, at least, till the time the Covid-19 pandemic continues.

 

With respect to Direct Bank Transfers, the Supreme Court observed that “direct bank transfer being matter of policy and being in domain of the State, no direction can be issued by this Court for any direct bank transfer.” However, the Court observed that “in event any person is entitled for direct bank transfer as per the existing scheme in any State, he can avail the said benefit by the mechanism as provided in the policy decision.”

 

Those were the directions and observations of the Court in the present case. So, what are my concluding remarks?

 

CONCLUSION

 

I think that the directions passed by the Court in this case are very valuable and needed for the overall well-being of the economic and social condition of our country. Today India is plagued by massive unemployment and job cuts. The migrant workers and the unorganized labourers form the bedrock of the economic activities in India. be it the construction sector or the transportation sector or any other sector, without the contributions of these workers, India will never be able to achieve social, political as well as economic security. These workers and labourers are the citizens of this country, and they have every right to expect basic services and assistance from the governments who they form by casting their respective votes. I hope that the States, Union Territories and the Central Government implement these directions as soon as possible and that there is no further delay caused in this regard.