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Supreme Court today issued comprehensive directions to the Centre and the State Governments, on questions concerning Migrant Labourers amid second surge of COVID 19 pandemic.

Over the course of hearing, the bench had formulated the following issues upon which directions were issued today;

1. Entitlement of Dry Rations by Migrant Workers, not covered by the National Food Security Act, 2013, not having a ration card

Centre: Directions have been issued to the Department of Food and Public Distribution to allocate and distribute food grains as per demand of additional food grains from the various States

States: Directions have been given to place an appropriate scheme for distribution of dry ration to migrant labourers, on or before July 31.

2. Implementation of “One Nation One Ration Card”

States who have not implemented ONORC, to implement the same not later than July 31.

3. Coverage of Rural and Urban population under National Food Security Act, 2013

Court is of the view that the Central Government should undertake an exercise under Section 9 of the Act, to re-assess the rightful beneficiaries under the Rural and Urban areas of a State.

4. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, its implementation and working

The judgment reproduces the intent and objectives of the Act with provisionary mandate, issuing directions to the States/UTs to register all establishments and license all contractors under the Act.

“The competent authority while registering the establishments and granting license to the contractors may also impose conditions pertaining service condition, journey allowance and other facilities as set out in Chapter V of the Act”, the order says.

5. Registration of unorganized workers under: Legislations namely 1996 Act and 2008 Act and the steps by several State Govts., secondly, National Database for the Unorganized Workers (NDUW) of Ministry of Labour and Employment, lastly, mechanism to ensure access by Migrants to different welfare schemes rolled out by the Centre and the States.

The bench has summarized the legislations mentioned herein and further referred to the Social Security Act, in this regard. Drawing reference to the submissions by various States, Court said,

“No exception can be taken to the Central Government deciding to create NDUW portal for facilitating the States and Union Territories to register so that national Database of Unorganised Workers may become available… When the unorganized workers are waiting for registration and are waiting to reap the benefit of various welfare schemes of the States and Centre, the apathy and lackadaisical attitude by the Ministry of Labour and Employment is unpardonable. There was urgency in the portal to be finalized and implemented looking to the pandemic and dire need of unorganized workers to receive the benefit. The attitude of Ministry of Labour and Employment in not completing the module even though directed as early as on 21.08.2018 shows that Ministry is not alive to the concern of the migrant workers and the non-action of the Ministry is strongly disapproved.” Directions have been issued to bring it into effect before July 31.

6. Community Kitchen for Migrant Labourers

Directions have been issued to the States to run community kitchens at places where large number of Migrants can reach.

“The States should advertise places where facility of community kitchen/subsidized meals is provided so that no migrant labour, who is unable to arrange for his two meals can remain hungry”, the order reads.

7. Direct Bank Transfer (DBT) to Unorganised Workers

Court observed that entitled person may avail benefits as per mechanism provided in the policy decision.

Also Read: Migrant Crisis: Supreme Court Directs States to Implement One Nation One Ration Card Scheme by July 31,2021

Bench: Justice Ashok Bhushan and Justice MR Shah

Case Title: In Re: Problems and Miseries of Migrant Labourers | SMW (C) No. 6 of 2020