Supreme Court Directs States to Expedite Registration of Unorganized Workers: In Re: Problems and Miseries of Migrant Labourers (21 July 2022)

Date of the Judgment: 21 July 2022
Citation: IN RE: Problems and Miseries of Migrant Labourers, Miscellaneous Application No. 94 of 2022 in Suo Motu Writ Petition (Civil) No. 6 of 2020
Judges: M.R. Shah, J. and B.V. Nagarathna, J.

Can the government ensure that welfare schemes reach the most vulnerable workers? The Supreme Court of India continues to address the ongoing issues faced by migrant laborers, focusing on the registration of unorganized workers and the provision of food security. This order directs states to accelerate the registration process on the eShram portal and considers the need to update the National Food Security Act (NFSA) to reflect current population figures. The judgment was delivered by a bench comprising Justices M.R. Shah and B.V. Nagarathna.

Case Background

The Supreme Court has been actively monitoring the problems faced by migrant laborers since 2020, particularly in light of the COVID-19 pandemic. The court initiated a Suo Motu Writ Petition (Civil) No. 6 of 2020 to address these issues. The court has issued several directions to the Central Government and State Governments to ensure the welfare of migrant workers. The present order is a continuation of that monitoring process, focusing on the registration of unorganized workers and food security measures. The court has been monitoring the compliance of its previous orders.

Timeline

Course of Proceedings

The Supreme Court initially issued a series of directions on 29.06.2021, which included the creation of a portal for registering unorganized workers, providing additional food grains to states, and implementing the “One Nation One Ration Card” scheme. Subsequently, on 18.05.2022, the Court reviewed the progress and directed the Central Government to submit a comprehensive compliance report. The present order is based on the affidavit filed by the Union of India on 18.07.2022, detailing the steps taken to comply with the previous directions.

Legal Framework

The judgment refers to the following legal provisions:

• National Food Security Act, 2013 (NFSA): The Court refers to Section 9 of the NFSA, 2013, which deals with the determination of the total number of persons to be covered under the Act in rural and urban areas. The court notes that the current coverage is based on the 2011 census and directs the Union Government to re-evaluate this coverage considering the population increase since then. The court also underscores that “Right to Food” is a fundamental right under Article 21 of the Constitution of India.

• The Contract Labour (Regulation and Abolition) Act, 1970: The court refers to the Act of 1979, which is the Contract Labour (Regulation and Abolition) Act, 1970. The court had directed all the States/Union Territories to register all establishments and license all contractors under the Act, 1970 and ensure that the statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.

Arguments

Submissions by the Union of India:

• The Union of India, through its affidavit, stated that it has developed the “National Database of Unorganised Workers (NDUW) portal” and “eShram portal” for the registration of unorganized workers, including migrant workers, across 400 occupations.

• The Ministry of Labour and Employment provided comprehensive guidelines to States/UTs for mobilizing workers through District and State Level Committees, setting registration targets to be achieved by 31.12.2021, and providing financial assistance for setting up IT infrastructure and call centers.

• Funds of Rs. 19.07 crores were provided to States/UTs for mobilizing unorganized workers for registration on the eShram portal.

• The eShram portal formally commenced registration on 26.08.2021 in all States/UTs.

• The required quantity of foodgrains as per the locally assessed need has been provided through the Food Corporation of India under the “Open Market Sales Scheme”.

• The facility of “One Nation One Ration Card” has been enabled in all States/Union Territories covering about 80 crores NFSA beneficiaries.

Submissions by the Petitioner:

• The petitioner, represented by Shri Prashant Bhushan, argued that the population has increased since the 2011 census, which is the basis for determining the number of beneficiaries under the NFSA.

• The petitioner submitted that many eligible and needy beneficiaries in rural and urban areas are deprived of the benefits under the NFSA due to the outdated population figures.

• It was also pointed out that some migrant/unorganized laborers/workers are deprived of the benefit of food/foodgrains under the NFSA due to not having ration cards.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in this order. However, the core issues addressed are:

1. The progress of registration of unorganized workers on the eShram portal.
2. The need to re-determine the coverage under the National Food Security Act (NFSA), 2013, considering the population increase since the 2011 census.

Treatment of the Issue by the Court

The following table demonstrates how the Court dealt with the issues:

Authorities

The Court considered the following authorities:

• National Food Security Act, 2013: The Court considered Section 9 of the NFSA, 2013, which deals with the determination of the total number of persons to be covered under the Act.
• Article 21 of the Constitution of India: The Court reiterated that the “Right to Food” is a fundamental right under Article 21 of the Constitution of India.

Judgment

How each submission made by the Parties was treated by the Court?

How each authority was viewed by the Court?

• The Court used Section 9 of the National Food Security Act, 2013 to highlight the need for re-evaluation of the coverage under the Act.
• The Court relied on Article 21 of the Constitution of India to underscore that the “Right to Food” is a fundamental right and that the benefits under NFSA should reach the needy.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the need to ensure that welfare schemes reach the intended beneficiaries, particularly unorganized and migrant workers. The court emphasized the importance of the “Right to Food” as a fundamental right under Article 21 of the Constitution. The court also focused on the need to update the coverage under the NFSA to reflect current population figures, ensuring that no eligible person is deprived of benefits. The court was also concerned with the slow pace of registration of workers in some states.

The Court’s reasoning was based on the following:

• The Court acknowledged the efforts made by the Union of India in developing the eShram portal and providing foodgrains.
• The Court expressed concern over the slow progress of registration in some states, emphasizing the need for all unorganized workers to be registered to receive benefits.
• The Court recognized the validity of the petitioner’s argument that the NFSA coverage needed to be updated to reflect the current population, considering the increase in population since the 2011 census.
• The Court reiterated the fundamental right to food under Article 21 of the Constitution, underscoring the importance of ensuring that no eligible person is deprived of benefits under the NFSA.

The Court did not explicitly consider any alternative interpretations but focused on the practical implementation of its previous orders and the need to address the gaps in the existing system.

The decision was reached by directing the states to expedite the registration process and the Union of India to re-evaluate the NFSA coverage. The Court’s decision aims to ensure that welfare schemes reach the intended beneficiaries and that the fundamental right to food is protected.

The court quoted the following:

“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 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 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 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 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.”

There was no majority or minority opinion as the judgment was delivered by a bench of two judges.

The Court’s reasoning is based on the need to ensure that the benefits of welfare schemes reach the intended beneficiaries, particularly migrant and unorganized workers. The legal interpretation is focused on the fundamental right to food under Article 21 and the need to update the NFSA coverage based on current population figures. The application of these principles to the facts of the case led the Court to direct the states to expedite the registration process and the Union of India to re-evaluate the NFSA coverage.

The potential implications for future cases include the possibility of more proactive monitoring by the Supreme Court of the implementation of welfare schemes and a greater emphasis on using current data for determining the beneficiaries of such schemes. The decision also reinforces the fundamental right to food and its importance in the Indian legal system.

Key Takeaways

• States must expedite the registration of unorganized workers on the eShram portal within six weeks.
• The Union of India must re-evaluate the coverage under the National Food Security Act (NFSA), 2013, considering the population increase since the 2011 census.
• The “Right to Food” is a fundamental right under Article 21 of the Constitution, and welfare schemes must reach all eligible beneficiaries.
• The Supreme Court will continue to monitor the implementation of these directions to ensure the welfare of migrant and unorganized workers.

Directions

The Supreme Court issued the following directions:

• States that have not achieved the target for registration of unorganized workers are directed to expedite the registration process within six weeks.
• The concerned States/Union Territories are directed to submit a report to the Union of India – Ministry of Labour and Employment on completion of six weeks.
• The Union of India is directed to look into the matter and formulate a policy/scheme to ensure that the benefits under NFSA are not restricted to the 2011 census figures and that more needy persons receive benefits.

Development of Law

The ratio decidendi of this case is that the State must ensure that welfare schemes reach the intended beneficiaries, particularly unorganized and migrant workers, and that the fundamental right to food is protected. The court also emphasized the need to update the coverage under the NFSA to reflect current population figures. This order reinforces the Supreme Court’s commitment to protecting the rights of vulnerable populations and ensuring the effective implementation of welfare schemes.

Conclusion

The Supreme Court’s order in this case directs states to expedite the registration of unorganized workers on the eShram portal and addresses concerns about food security for migrant laborers. The court has also directed the Union of India to re-evaluate the coverage under the National Food Security Act (NFSA), 2013, considering the population increase since the 2011 census. This order underscores the court’s commitment to ensuring that welfare schemes reach the intended beneficiaries and that the fundamental right to food is protected.

Category

Parent Category: Labour Law

Child Category: Migrant Workers

Child Category: Unorganized Workers

Child Category: eShram Portal

Child Category: National Food Security Act, 2013

Parent Category: National Food Security Act, 2013

Child Category: Section 9, National Food Security Act, 2013

Parent Category: Constitution of India

Child Category: Article 21, Constitution of India

Parent Category: Contract Labour (Regulation and Abolition) Act, 1970

Child Category: Contract Labour (Regulation and Abolition) Act, 1970

FAQ

Q: What is the eShram portal?

A: The eShram portal is a national database created by the Ministry of Labour and Employment for the registration of unorganized workers, including migrant workers, across various occupations.

Q: Why is the Supreme Court directing states to register unorganized workers?

A: The Supreme Court is directing states to register unorganized workers to ensure that they can access the benefits of various welfare schemes announced by the Union and State Governments.

Q: What is the National Food Security Act (NFSA)?

A: The National Food Security Act, 2013 is an act of the Parliament of India which aims to provide subsidized food grains to approximately two-thirds of India’s population.

Q: Why is the Supreme Court asking to re-evaluate the coverage under the NFSA?

A: The Supreme Court is asking to re-evaluate the coverage under the NFSA because the current coverage is based on the 2011 census, and the population has increased since then. This means that many eligible people are not receiving benefits.

Q: What is the “Right to Food” under the Constitution of India?

A: The “Right to Food” is considered a fundamental right under Article 21 of the Constitution of India, which guarantees the right to life. The Supreme Court has emphasized that the government must take steps to ensure that all citizens have access to adequate food.