IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus .

Citation: [2021] 7 S.C.R. 175 · Decided: 29-06-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN, M.R. SHAH · Disposal: Disposed off

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Judgment (excerpt)

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IN RE: PROBLEMS AND MISERIES OF MIGRANT
LABOURERS
(Suo Motu Writ Petition (Civil) No. 06 of 2020)
with
(Writ Petition (C) No. 916 of 2020 )
(BANDHUA MUKTI MORCHA v. UNION OF INDIA & ORS.)
JUNE 29, 2021
[ASHOK BHUSHAN AND M. R. SHAH, JJ.]
COVID-19 pandemic – Migrant labourers – Problems and
miseries of – Amelioration – Worldwide Pandemic COVID-19
engulfed the country in March, 2020 – When Nationwide Lockdown
was declared on 24.03.2020, after few days, there was huge exodus
of the migrant labourers from their place of work to their native
places – Supreme Court suo motu took cognizance of the problems
and miseries of the migrant labourers – Suo Motu Writ Petition
registered – In pursuance of orders passed by Supreme Court, the
Central Government, States and Union Territories took various
measures – After March, 2021, the second wave of pandemic hit
the country – Migrant workers again started proceeding to their
native places – Need for ameliorating the miseries of migrant workers
– Held: Migrant workers are exposed to financial and other forms
of hardships due to limited access and claim to welfare resources
offered by the States/Union Territories – They are particularly
vulnerable to economic regression – On consideration of the matter,
number of directions issued by the Supreme Court – Central
Government directed to develop Portal in consultation with National
Informatics Centre (NIC) for registration of unorganized labourers/
migrant workers – All concerned States/Union Territories and the
Licence Holders/Contractors and others directed to cooperate with
the Central Government to complete the process of registration of
migrant workers and unorganized labourers so that benefits of the
welfare schemes declared by Central Government/State
Governments/ Union Territories be available to migrant workers
and unorganized labourers for whose benefits the welfare schemes
are declared –Central Government, Department of Food and Public
Distribution (Ministry of Consumer Affairs, Food and Public
Distribution) directed to allocate and distribute foodgrains as per
[2021] 7 S.C.R. 175
175
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
demand of additional food-grains from the States for disbursement
of dry food grains to migrant labourers – The States, who have not
yet implemented “One Nation One Ration Card” scheme directed to
implement the same by not later than 31.07.2021 – All States/Union
Territories directed to register all establishments and license all
contractors under the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 and ensure that
statutory duty imposed on the contractors to give particulars of
migrant workers is fully complied with – The State/Union Territories
directed to run community kitchens at prominent places where large
number of migrant labourers are found for feeding those migrant
labourers who do not have sufficient means to procure two meals a
day – Running of the community kitchen directed to be continued
at-least till pandemic (Covid-19) continues – National Food Security
Act, 2013 – Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service)Act, 1979 – Building and other
Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996 – Unorganised Workers’ Social Security Act,
2008.
Disposing of the writ petitions, the Court
HELD: 1. The Right to Life as guaranteed by Article 21 of
the Constitution gives right to every human being to live a life of
dignity with access to at-least bare necessities of life. To provide
food security to impoverished persons is the bounden duty of all
States and Governments. The Parliament with object to provide
food and nutritional security in human life cycle had enacted the
National Food Security Act, 2013. Those who have been identified
as beneficiary under National Food Security Act, 2013 are
provided dry rations as per the Centre and States’ Schemes. In
event, a migrant labour is covered under the National Food
Security Act, 2013 and had been issued a ration card under the
Act, he is entitled to access the dry ration wherever he is, at his
work place also, in accordance with scheme of the Central
Government namely “One Nation One Ration Card”. Both the
Central Government and the State Governments have floated
various schemes for unorganized workers, building and
construction workers but sad picture of the ground reality is that
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