Migrant Labourers' Rights During COVID-19: Supreme Court's Directions

Content

Migrant Labourers' Rights During COVID-19

Introduction

The COVID-19 pandemic has had a profound impact on various sectors, with migrant labourers being one of the most affected groups. The Supreme Court of India, in its judgment dated June 29, 2021, addressed the issues faced by migrant workers during the pandemic, emphasizing the need for immediate and effective measures to alleviate their suffering. This article delves into the Court's directions and the legal principles established regarding the welfare of migrant labourers.

Case Background

The Supreme Court took suo motu cognizance of the problems faced by migrant labourers during the nationwide lockdown imposed in March 2020. The lockdown led to a mass exodus of migrant workers returning to their native places due to loss of employment and fear of the virus. The Court registered a writ petition to address these issues and directed the Union of India and all States/Union Territories to provide information on the measures taken to assist migrant workers.

What The Lower Authorities Held

The Court noted that various measures were proposed by the Central and State Governments, including transportation of stranded migrant workers, provision of food and shelter, and implementation of welfare schemes. However, the Court highlighted significant lapses in the execution of these measures, necessitating stricter oversight and accountability from the authorities.

The Court issued several directions aimed at ensuring the welfare of migrant labourers, including the establishment of community kitchens and the identification of stranded workers willing to return home.

The Court also emphasized the importance of the 'One Nation One Ration Card' scheme, which allows migrant workers to access food grains at subsidized rates from any fair price shop across the country.

The Court's Reasoning

The Supreme Court's judgment was grounded in the constitutional mandate to ensure social and economic justice for all citizens, particularly the vulnerable sections of society. The Court referred to Article 21 of the Constitution, which guarantees the right to life and personal liberty, interpreting it to include the right to live with dignity, which encompasses access to food and basic necessities.

The Court recognized that migrant workers constitute a significant portion of the workforce in India, often working in unorganized sectors without adequate protection or benefits. The judgment underscored the need for the State to take proactive measures to safeguard the rights and welfare of these workers, especially during crises like the COVID-19 pandemic.

Statutory Interpretation

The Court referred to several key legislations, including the National Food Security Act, 2013, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and the Unorganized Workers’ Social Security Act, 2008. The Court directed the States to ensure compliance with these laws, emphasizing the need for effective implementation to provide necessary support to migrant workers.

The Court also highlighted the importance of the 'One Nation One Ration Card' scheme, which aims to provide food security to migrant workers by allowing them to access their entitlements from any location in the country.

Why This Judgment Matters

This judgment is significant for several reasons. Firstly, it reinforces the legal obligation of the State to protect the rights of migrant workers, particularly during emergencies. Secondly, it establishes a framework for the implementation of welfare measures, ensuring that migrant workers have access to essential resources such as food and shelter.

The Court's emphasis on the need for registration of unorganized workers is crucial for enabling them to access various welfare schemes. This judgment serves as a reminder of the State's responsibility to ensure that no citizen is left behind, especially during times of crisis.

Final Outcome

The Supreme Court disposed of the writ petitions with specific directions to the Central and State Governments. The Court mandated the development of a portal for the registration of unorganized workers, the allocation of additional food grains for distribution to migrant labourers, and the implementation of the 'One Nation One Ration Card' scheme by all States.

The Court also directed the establishment of community kitchens to provide meals to migrant labourers and emphasized the need for ongoing support until the pandemic subsides.

Case Details

• Case Title: Bandhua Mukti Morcha vs Union of India & Ors.
• Citation: 2021 INSC 315
• Court: IN THE SUPREME COURT OF INDIA
• Date of Judgment: 2021-06-29