How the Supreme Court Strengthens Rights of Migrant Workers Amid Pandemic
In Re: Problems and Miseries of Migrant Labourers
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• 4 min readKey Takeaways
• A court cannot overlook the registration of unorganized workers merely because of administrative delays.
• States must implement the 'One Nation One Ration Card' scheme to ensure food security for migrant workers.
• Registration of migrant workers is essential for them to access government welfare schemes.
• The Right to Food is a fundamental right under Article 21 of the Constitution of India.
• States failing to meet registration targets for migrant workers must cooperate with the Central Government to rectify this.
Introduction
The Supreme Court of India has taken significant steps to address the challenges faced by migrant workers during the COVID-19 pandemic. In a recent order, the Court emphasized the need for a comprehensive registration system for unorganized labourers and migrant workers, ensuring their access to essential welfare schemes. This ruling not only highlights the plight of migrant workers but also reinforces their rights under the Constitution.
Case Background
The case originated from the Suo Motu Writ Petition (Civil) No. 6 of 2020, which addressed the problems and miseries faced by migrant labourers during the pandemic. The Court recognized the urgent need for a structured approach to support this vulnerable population, particularly in light of the widespread disruptions caused by COVID-19. The Court's initial directions included the development of a registration portal for unorganized workers, which would facilitate access to various welfare schemes.
What The Lower Authorities Held
In its earlier orders, the Supreme Court directed the Central Government to consult with the National Informatics Centre (NIC) to create a portal for the registration of unorganized labourers. The Court also mandated that all States and Union Territories complete the registration process by December 31, 2021. This initiative aimed to ensure that the benefits of government welfare schemes reached the intended beneficiaries, thereby addressing the systemic issues that migrant workers faced.
The Court's Reasoning
The Supreme Court's reasoning was grounded in the recognition of the rights of migrant workers as fundamental. The Court emphasized that the registration of unorganized workers is crucial for them to access government benefits. The Court noted that many States had failed to comply with its earlier directives, which undermined the welfare of migrant workers. The Court's insistence on compliance reflects its commitment to protecting the rights of this vulnerable group.
Statutory Interpretation
The Court's directives also involved the interpretation of the National Food Security Act, 2013. The Act aims to provide subsidized food grains to eligible individuals, and the Court highlighted the need to re-evaluate the coverage under the Act based on updated population estimates. The Court pointed out that the current coverage was based on the 2011 census, which may not accurately reflect the current needs of the population, particularly in light of the significant increase in the number of eligible beneficiaries since then.
Constitutional or Policy Context
The Supreme Court's ruling is situated within the broader context of constitutional rights, particularly the Right to Food under Article 21. The Court has consistently held that the Right to Food is a fundamental right, and it must be ensured that all citizens, especially the most vulnerable, have access to adequate nutrition. This ruling reinforces the government's obligation to protect the rights of migrant workers and ensure their access to essential services.
Why This Judgment Matters
This judgment is significant for several reasons. Firstly, it underscores the importance of a structured approach to the welfare of migrant workers, who often face systemic barriers in accessing government benefits. Secondly, it highlights the Court's role in holding the government accountable for the implementation of welfare schemes. By mandating the registration of unorganized workers, the Court is ensuring that these individuals are not left behind in times of crisis.
Final Outcome
The Supreme Court directed the Central Government to file a composite report detailing the compliance with its directives. The Court also mandated that States which had not met their registration targets cooperate with the Central Government to rectify this situation. The next hearing is scheduled for September 27, 2022, where the Court will review the progress made in implementing its orders.
Case Details
- Case Title: In Re: Problems and Miseries of Migrant Labourers
- Citation: 2022 INSC 742
- Court: IN THE SUPREME COURT OF INDIA
- Bench: Justice M.R. Shah, Justice B.V. Nagarathna
- Date of Judgment: 2022-07-21
