Supreme Court Questions Union on Implementation of Ration Card Orders for Over 28 Crore Migrant Workers

In a significant development, the Supreme Court of India has called upon the Union of India to submit a comprehensive affidavit addressing whether the directions issued in suo moto proceedings regarding the distribution of ration cards to migrant workers and unskilled laborers have been fully complied with. This directive came on September 2, 2024, during a hearing concerning the compliance with previous orders that were crucial in safeguarding the rights of these vulnerable groups during the COVID-19 pandemic. The Court’s scrutiny is rooted in its 2020 initiative, which aimed to ensure food security for migrant laborers who faced severe hardships during the lockdowns.

Background of the Case:

• The Supreme Court had taken suo motu cognizance of the hardships faced by migrant laborers during the COVID-19 lockdown on May 26, 2020.
• The Court issued multiple orders for the transportation of migrant laborers back to their native places and the provision of dry rations and cooked meals to those stranded.
• On June 26, 2021, a bench of Justices Ashok Bhushan and M.R. Shah directed the States and Union Territories to implement the One Nation One Ration Card scheme and provide dry rations to those not covered under the National Food Security Act, 2013 (NFSA).

Key Orders and Directives:

1. Portal Development: The Central Government was directed to develop a portal for the registration of unorganized laborers/migrant workers, with a deadline of July 31, 2021.
2. Foodgrain Distribution: The Centre was instructed to distribute additional foodgrains as demanded by States for migrant laborers.
3. Ration Scheme Implementation: States were ordered to implement schemes for dry ration distribution by July 31, 2021, and to continue these schemes as long as the pandemic persisted.
4. One Nation One Ration Card: States were mandated to implement this scheme by July 31, 2021.
5. Population Re-determination: The Centre was asked to re-determine the population covered under the NFSA.
6. Contractor Registration: States/UTs were directed to ensure the registration of all establishments and contractors to monitor migrant laborers.
7. Community Kitchens: States/UTs were ordered to run community kitchens at prominent locations to feed those without means during the pandemic.

SC’s Response to Migrant Crisis:

• The application was heard by a bench of Justices C.T. Ravikumar and Sanjay Karol.
• Advocate Prashant Bhushan accused the Union Government of contempt for non-compliance with the Court’s orders, which was countered by the Court as being beyond the scope of the current proceedings.
• Justice Ravikumar clarified that the matter was not a contempt petition but a miscellaneous application, urging a focus on the specific issues at hand.
• Bhushan argued that the Union of India had failed to issue ration cards based on the 2021 census, affecting over 10.2 crore people.
• The Court, however, emphasized that the matter might be closed post-pandemic, with Justice Karol questioning the need to expand the scope of the petition further.
• Despite Bhushan’s objections, the Court asked Additional Solicitor General Aishwarya Bhati to submit an affidavit detailing the steps taken by the Union in compliance with the orders and whether further actions were necessary.

Subsequent Developments:

• The Court has previously directed the Union and State governments to report on the distribution of ration cards to the 28.55 crore migrant/unorganized workers registered on the E-Shram portal.
• In April 2023, directions were given to ensure that all migrant or unorganized workers without ration cards but registered on the E-Shram portal receive them within three months.

IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS MA 94/2022 in SMW© No. 6/2020