IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERSversusIN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS

                        [2022] 6 S.C.R. 1089                              1089


       IN RE: PROBLEMS AND MISERIES OF MIGRANT                            A
                     LABOURERS
            (Miscellaneous Application No. 94 of 2022 in
            Suo Motu Writ Petition (Civil) No. 6 of 2020)
                           JULY 21, 2022
                                                                          B
         [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
        Migrant Labourers – Problems and Miseries of – In
compliance of directions issued by Supreme Court, Ministry of
Labour and Employment developed a “National Database of
Unorganised Workers (NDUW) portal” and “eShram portal” for                C
registration of unorganised workers including migrant workers
spread over 400 occupations – Some States such as State of
Maharashtra, State of Tamil Nadu, State of Telangana, State of
Gujarat and State of Karnataka failed to achieve the target –
Therefore, directions issued to those States, who have not been able
to achieve the target for registration of the unorganised workers,        D
to do so and cooperate with the Union of India – Ministry of labour
and Employment and to ensure that unorganised labourers/ workers
in different sectors are registered in the eShram portal – The exercise
to be completed within a period of six weeks – The concerned States
/Union Territories to submit the report to the Union of India –           E
Ministry of Labour and Employment on completion of six weeks so
that the Union of India – Ministry of Labour and Employment can
file a further Status Report on the aforesaid – Union of India further
directed to come out with a formula and/or appropriate policy/
scheme, if any, so that the benefits under National Food Security
Act are not restricted as per the census 2011 and more and more           F
needy persons/citizens get the benefit under the National Food
Security Act, keeping in mind that “Right to Food” is a fundamental
right available under Article 21 of the Constitution – Union
Government may look into the same by considering the figures/
projection of population increase during the decade 2011-2021,            G
which would be on an assessment of increase in population and file
response on the next date of hearing.
      CIVIL ORIGINAL JURISDICTION: Miscellaneous Application
No. 94 of 2022 in Suo Moto Writ Petition (Civil) No. 6 of 2020.
                                                                          H
                                1089
1090            SUPREME COURT REPORTS                         [2022] 6 S.C.R.


 A           Under Article 32 of The Constitution of India
             By Courts Motion
              Ms. Aishwarya Bhati, ASG, Tapesh Kumar Singh, Gaurav
       Liberhan, Anil Grover, Amit Anand Tiwari, AAGs, Mrs. Ankita
       Chaudhary, Dy. AG, Dr. Mansh Singhvi, Ms. Manisha Lavkumar, Sr.
 B     Advs., Prashant Bhushan, Ms. Cheryl D’Souza, Kanu Agrawal, Rajat
       Nair, Saurabh Mishra, Krishnakant Dubey, Vatsal Joshi, Anuj Srinivas
       Udupa, Aman Sharma, Manvendra Singh, Arvind Kumar Sharma, Amrish
       Kumar, Sandeep Kumar Jha, Divyansh Tiwari, Ms. Nupur Kumar,
       Raghvendra Kumar, Anand Kumar Dubey, Rajiv Kumar Sinha, Simanta
 C     Kumar, Nishant Verma, Ms. Rajlakshmi Singh, Sunil Saraogi, Varun Singh,
       Narendra Kumar, Ms. Uttara Babbar, Rituraj Biswas, Rahul Chitnis,
       Sachin Patil, Aaditya A. Pande, Geo Joseph, Ms. Shewtal Shepal, G.
       Prakash, Tapesh Kumar Singh, Sukant Vikram, Aditya Pratap Singh,
       Aditya Narayan Das, M. Shoeb Alam, Satya Mitra, Kumar Anurag Singh,
       Anando Mukherjee, Shwetank Singh, Raj Kishor Choudhary,
 D     Dr. Abhishek Atrey, Ms. Ambika Atrey, Akash Giri, Krishnan Mishra,
       R.K. Rathore, Ms. Ranjeeta Rohatgi, Ms. Samten Doma, Avijit Mani
       Tripathi, Upendra Mishra, K.V. Kharlyngdoh, T.K. Nayak, P.S. Negi, S.
       R. Kochhar, Ms. Marbiang Khongwir, B. V. Balaram Das, Ejaz Maqbool,
       Sumeer Sodhi, Abhishek Lalwani, Debashish Tiwari, Mahfooz Ahsan
 E     Nazki, Polanki Gowtham, Shaik Mohamad Haneef, T. Vijaya Bhaskar
       Reddy, K.V. Girish Chowdary, Ms. Rajeswari Mukherjee, Pranav
       Sachdeva, S. Udaya Kumar Sagar, Ms. Sweena Nair, P. Mohith Rao,
       Pukhrambam Ramesh Kumar, Karun Sharma, Ms. Anupam Ngangom,
       Wahengbam Immanuel Meitei, Ms. Pinky Behera, Ashish Yadav, Vishal
       Banshal, Ms. Rajeshwari Sarkar, Subhranshu Padhi, Chirag M. Shroff,
 F     Amandeep Mehta, Ms. Deepanwita Priyanka, Shadan Farasat, Ramesh
       Thakur, Mrs. Mrinal Elker Mazumdar, Ms. Himanshi Shakya, Raj
       Bahadur Yadav, Ms. Noopur Singhal, Rahul Khurana, Satish Kumar,
       Suresh Kumar Bhan, Sanjay Kumar Visen, Manish Kumar, Harsh
       Choudhary, Abhimanyu Tewari, Ms. Eliza Bar, Ms. Taruna Ardhendumauli
 G     Prasad, Ms. G. Indira, Suhaan Mukerji, Nikhil Parikshith, Vishal Prasad,
       Abhishek Manchanda, Sayandeep Pahari, Tanmay Sinha, for M/s. PLR
       Chambers and Co., Karan Bharihoke, Abhinav Mukerji, Mrs. Bihu
       Sharma, Akshay C. Srivastava, Ms. Pratishtha Vij, Ms. Ruchira Goel,
       Sibo Sankar Mishra, Ms. Kanika Chugh, Umakant Mishra, Rajesh Kumar
       Nayak, Niranjan Sahu, Debabrata Dash, Nitin Mishra, Nikhil Goel, Arnav
 H
       IN RE: PROBLEMS AND MISERIES OF MIGRANT                                1091
                     LABOURERS

Singh Deo, Shuvodeep Roy, Rakesh Dahiya, Ms. Astha Sharma, Biju P             A
Raman, M. Yogesh Kanna, Ms. K. Enatoli Sema, Amit Kumar Singh,
Ms. Chubalemla Chang, Sunny Choudhary, Divyansh Tiwari, Sunil
Fernandes, Mohit Paul, Hitesh Kumar Sharma, S.K. Rajora, Akhileshwar
Jha, Dr. Vivek Sharma, D. Kumanan, Sheikh Fakhruddin Kalia, Ms.
Mary Mitzy, Ms. Devyani Gupta, Ms. Tanvi Anand, Nishe Rajen Shonker,
                                                                              B
Mrs. Anu K. Joy, Alim Anvar, Siddhesh Kotwal, Mrs. Ana Upadhyay,
Ms. Manya Hasija, Akash Singh, Nihar Dharmadhikari, Nirnimesh Dube,
B.K. Satija, Sarad Kr. Singhania, Vatshal Joshi, Bhuvan Kapoor, Krishna
Kant Dubey, G.S. Makker, Advs. for the appearing parties.
      Applicant-in-person
                                                                              C
      The Order of the Court was passed by
      M. R. SHAH, J.
       1. That while disposing of Suo Motu Writ Petition (Civil) No. 6 of
2020 – In Re: Problems and Miseries of Migrant Labourers, this Court
issued the following directions:-                                             D
      (i)    It is directed that the Central Government to develop the
             Portal in consultation with National Informatics Centre
             (NIC) for registration of the unorganized labourers/migrant
             workers. We also impress upon and direct that the Central
             Government as well as the respective States and the Union        E
             Territories to complete the process of Portal for registration
             under National Data Base for Unorganised Workers
             (NDUW Project) as well as implement the same, which by
             all means may commence not later than 31.07.2021. We
             also impress upon and direct that the process of registration    F
             of the unorganized labourers/migrant workers is completed
             at the earliest, but not later than 31.12.2021. All the
             concerned States/Union Territories and the Licence
             Holders/Contractors and others to cooperate with the
             Central Government to complete the process of registration
             of migrant workers and unorganized labourers so that the         G
             benefits of the welfare schemes declared by the Central
             Government/State Governments/Union Territories be
             available to migrant workers and unorganized labourers for
             whose benefits the welfare schemes are declared.
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1092          SUPREME COURT REPORTS                          [2022] 6 S.C.R.


 A     (ii)     The Central Government having undertaken to distribute
                additional quantity of foodgrains as demanded by the States/
                Union Territories for distribution to migrant labourers under
                some Scheme framed by the States, we direct the Central
                Government, Department of Food and Public Distribution
                (Ministry of Consumer Affairs, Food and Public Distribution)
 B
                to allocate and distribute foodgrains as per demand of
                additional food-grains from the States for disbursement of
                dry foodgrains to migrant labourers.
       (iii)    We direct the States to bring in place an appropriate scheme
                for distribution of dry ration to migrant labourers for which
 C              it shall be open for States to ask for allocation of additional
                foodgrains from the Central Government, which, as directed
                above, shall provide the additional foodgrains to the State.
                The State shall consider and bring an appropriate Scheme,
                which may be implemented on or before 31.07.2021. Such
 D              scheme may be continued and operated till the current
                pandemic (Covid-19) continues.
       (iv)     The States, who have not yet implemented “One Nation
                One Ration Card” scheme are directed to implement the
                same by not later than 31.07.2021.
 E     (v)      The Central Government may undertake exercise under
                Section 9 of the National Food Security Act, 2013 to re-
                determine the total number of persons to be covered under
                the Rural and Urban areas of the State.
       (vi)     We direct all the States/Union Territories to register all
 F              establishments and license all contractors under the Act,
                1979 and ensure that statutory duty imposed on the
                contractors to give particulars of migrant workers is fully
                complied with.
       (vii)    The State/Union Territories are directed to run community
 G              kitchens at prominent places where large number of migrant
                labourers are found for feeding those migrant labourers who
                does not have sufficient means to procure two meals a
                day. The running of the community kitchen should be
                continued at-least till pandemic (Covid-19) continues.
 H
       IN RE: PROBLEMS AND MISERIES OF MIGRANT                                1093
                LABOURERS [M. R. SHAH, J.]

      2. Thereafter, the matter was again heard on 18.05.2022 and this        A
Court passed the following order:-
             “Ms. Aishwarya Bhati, learned ASG, appearing for the
      Central Government prays for some time to place on record the
      compliance report. She has stated at the Bar that, as such, the
      Central Government has already developed the Portal in                  B
      consultation with the National Informatics Centre for registration
      of the unorganized labourers/migrant workers pan-India. She has
      stated at the Bar that approximately 27.45 Crores are registered
      in the portal on the basis of the information given by the respective
      concerned States. How the Central Government and the concerned
      States are going to take the advantage and/or the benefit of the        C
      registration of the unorganized labourers/migrant workers to
      protect the interest of the unorganized labourers/migrant workers?
      One of the object and purpose of the registration is to ensure that
      the benevolent schemes which are declared by the Government/
      Governments reach the concerned unorganized labourers/migrant           D
      workers.
             We had also directed all the States/Union Territories to
      register all establishments and license of all contractors under the
      Act of 1979 and ensure that the statutory duty imposed on the
      contractors to give particulars of the migrant workers is fully         E
      complied with. Many of the States have not complied with the
      said direction.
             The Central Government to obtain all the required
      information from all the States so that a further order can be
      passed to protect the interest of the unorganized labourers/migrant     F
      workers. All concerned States/Union Territories are directed to
      furnish all the required particulars which are needed by the Central
      Government so that the Central Government may file a composite
      report before this Court on the next date of hearing.
            Now our endeavor should be to consider the larger issue to        G
      protect the interest of the unorganized labourers/migrant workers
      and how their rights are to be protected.
            The Central Government to file a composite report in
      compliance of all the directions issued by this Court in the order
      dated 29.06.2021. All the States shall cooperate and submit all the
                                                                              H
      particulars which are called for.
1094             SUPREME COURT REPORTS                           [2022] 6 S.C.R.


 A                  Learned counsel for the respective States to give copy of
             their counters to Ms. Aishwarya Bhati, learned ASG so that she
             can 7 file a composite report.
                    Put up on 20.07.2022.”
               3. Pursuant to our earlier orders, an affidavit has been filed on
 B     behalf of Union of India dated 18.07.2022 affirmed by the Deputy Director
       General, in the Ministry of Labour and Employment, Government of India.
       Various steps taken by the Union of India has been stated in the affidavit.
       It is stated in the affidavit/compliance report that in compliance of the
       directions issued by this Court, Ministry of Labour and Employment has
 C     developed a “National Database of Unorganised Workers (NDUW)
       portal” and “eShram portal” for registration of unorganised workers
       including migrant workers spread over 400 occupations such as Building
       and other Construction workers, Agricultural workers, Self-Employed
       workers, Asha workers, Anganwadi workers, Fisherman, Dairy workers
       etc.
 D
              4. It is stated that vide DO letter dated 13.08.2021 to all the
       States and Union Territories, the Ministry provided the comprehensive
       guidelines for mobilisation of the workers through District Level
       Implementation Committee and State Level Monitoring Committee,
       registration targets to be achieved by the States by 31.12.2021 alongwith
 E     the one-time financial assistance for setting up of required IT
       infrastructure, call centres etc. In order to mobilize the unorganised
       workers for registration on eShram portal, States/UTS have been provided
       with funds of Rs.19.07 crores and information, education and
       communication materials. It is pointed out that the eShram portal formally
 F     commenced the registration on 26.08.2021 in all the States/UTs and the
       same was conveyed to all the States by Ministry’s letter dated 31.08.2021.
       Various further steps have also been taken by the Union of India so that
       the maximum unorganised workers/migrants are registered with the
       eShram portal. Ms. Bhati, learned ASG has pointed out the Statewise
       targets and registrations. On going through the Statewise targets and
 G     registration, it appears that many States have failed to achieve the target.
       Many of the States have achieved less than fifty per cent target. For
       example, State of Maharashtra has achieved only 36.97% target, State
       of Tamil Nadu has achieved 34.84% target, State of Telangana has
       achieved only 34.90% target, State of Gujarat has achieved 48.40% target,
 H     State of Karnataka has achieved 36.19% target.
       IN RE: PROBLEMS AND MISERIES OF MIGRANT                                1095
                LABOURERS [M. R. SHAH, J.]

       5. In our earlier directions/orders, we have emphasised the need       A
for registration of the migrants/unorganised workers in different fields
and one of the objects is to see that all benevolent schemes announced
by the Union of India and/or the concerned States, the benefits of which
should reach to such unorganised workers. We appreciate the work
undertaken by the Union of India – Ministry of Labour and Employment.
                                                                              B
However, as observed hereinabove, still some States such as State of
Maharashtra, State of Tamil Nadu, State of Telangana, State of Gujarat
and State of Karnataka have to achieve the target. Therefore, we direct
those States, who have not been able to achieve the target for registration
of the unorganised workers, to do so and cooperate with the Union of
India – Ministry of labour and Employment and to ensure to it that those      C
unorganised labourers/ workers in different sectors are registered in the
eShram portal. The said exercise shall be completed within a period of
six weeks from today. The concerned States /Union Territories are
directed to submit the report to the Union of India – Ministry of Labour
and Employment on completion of six weeks so that the Union of India
                                                                              D
– Ministry of Labour and Employment can file a further Status Report
on the aforesaid.
      6. So far as, one another direction issued was additional allocation
of foodgrains as demanded by the States/Union Territories for distribution
to migrant labourers. It is pointed out in the affidavit that the required
quantity of foodgrains as per the locally assessed need has been provided     E
through Food Corporation of India under the “Open Market Sales
Scheme”. It is further pointed out that facility of “One Nation One Ration
Card” has been enabled in all the States/ Union Territories covering about
80 crores NFSA beneficiaries.
       7. Now, so far as re-determining the coverage under the National       F
Food Security Act (NFSA), 2013 and to undertake an exercise under
Section 9 of NFSA, 2013 and to re-determine the total number of persons
to be covered under the Rural and Urban areas of the State, it appears
that at present the total number of persons to be covered in the Rural
and Urban areas of the State is calculated on the basis of population         G
estimates as per the 2011 census. It appears that at the time of
implementation of the NFSA, latest published figures of census pertained
to the year 2011 and it is used to determine the coverage of all States /
Union Territories considering Section 9 of the NFSA.

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1096             SUPREME COURT REPORTS                           [2022] 6 S.C.R.


 A              Shri Prashant Bhushan, learned counsel appearing on behalf of
       the petitioner has pointed out that after 2011, the population has increased
       and therefore the beneficiaries under the NFSA also have increased. It
       is submitted that therefore many eligible and/or needy beneficiary in the
       Rural and Urban areas will be deprived of the benefit under the NFSA.
       It is also pointed out that in some of the cases, because of not having the
 B
       ration cards, the migrants/unorganised labourers/workers are deprived
       of the benefit of the food/foodgrains under the NFSA.
              8. The aforesaid grievance seems to be genuine and justified. The
       Union of India to look into the same and come out with a formula and/or
       appropriate policy/scheme, if any, so that the benefits under NFSA are
 C     not restricted as per the census 2011 and more and more needy persons/
       citizens get the benefit under the National Food Security Act, keeping in
       mind what has been observed and held by this Court in a catena of
       decisions that “Right to Food” is a fundamental right available under
       Article 21 of the Constitution of India. The Union Government may look
 D     into the same by considering the figures/projection of population increase
       during the decade 2011-2021, which would be on an assessment of
       increase in population and file their response on the next date of hearing.
              Put up on 27.09.2022.

 E
       Bibhuti Bhushan Bose                                         Directions issued.
       (Assisted by: Shubhanshu Das, LCRA)




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