Skip to main content

Central, State govts fail to comply by SC directions on migrant workers: Petition filed

By Harsh Mander, Anjali Bhardwaj, Jagdeep Chhokar* 

On January 18, 2022, a petition was filed in the Supreme Court (SC) regarding non-compliance by the Central and State governments with directions given in the suo motu migrant workers case. 
The SC in its judgment dated June 29, 2021 in the migrant workers case (Suo Motu Writ Petition (Civil ) No. 6 of 2020, ‘In Re: Problems And Miseries Of Migrant Labourers’) had given several important directions to ensure food and social security of migrant workers including:
  • Direction to the Central government to undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered in Rural and Urban areas of the State under the Public Distribution System of the National Food Security Act (NFSA) as the coverage is still based on 2011 census. 
  • Direction to all State governments to bring in place an appropriate scheme for distribution of dry ration to migrant workers without insistence on furnishing of identity proof, and continue such scheme till the time the pandemic continues
  • Direction to all State governments to run community kitchens at prominent places where large number of migrant labourers are found, to provide cooked food and continue this till such time the pandemic continues.
However, the Central government and most State governments have failed to implement and operationalise these directions.
The non-compliance is even more concerning as the country is once again facing rising number of Covid cases and nearly all States have put in place lockdowns, restrictions and curfews thereby exacerbating the economic distress and hardships of migrant workers, most of whom are in the unorganised sector and therefore have no social or financial security net to fall back on.
They are once again facing loss of livelihood, uncertainty and hunger.
The petition relies on information accessed under the Right to Information (RTI) Act and replies from governments to legal notices sent regarding implementation of the directions to highlight the violation of the SC Judgement. On the issue of increasing coverage under the Public Distribution System, it is highlighted that the central government has till date not initiated any exercise to re-determine coverage.
In reply to an RTI asking about steps taken following the SC judgment, Central government has stated: “Any revision in the State/UT-wise coverage shall be possible after the data of next Census is published. Judgment passed by Hon’ble Supreme Court is being examined at present”.
As per news reports and press releases by the government it has been confirmed that the 2021 census has been delayed on account of Covid and the data is unlikely to come out over next two-three years.
The failure of the government to initiate the re-determination of coverage is in flagrant violation of the directions of the SC which were in the context of the pandemic and suffering caused due to exclusion from food security and hence required urgent time-bound action.
Following the June 29, 2021 judgment, legal notices were sent to all the States to ensure time-bound compliance with the directions of the SC, including the direction to State governments to put in place a scheme for providing dry rations to migrant workers who do not possess ration cards.
No scheme has been put in place for equally poor and vulnerable families who do not possess ration cards
Only five States replied to the legal notices of which only the States of Odisha, Delhi and Assam provided details of scheme formulated by them. Further, an application was filed under the RTI Act to the Central government seeking details of which States asked for additional foodgrains to give to migrant workers and whether the central government supplied the grain.
The reply revealed that as of September 2021 only two State governments viz Telangana and Meghalaya sought additional food grains for providing rations to migrant workers and even that was not provided by the central government.
Therefore, it appears that most states and the Centre are not complying with the directions of the SC in terms of providing rations to migrant workers.
The petition notes that the Central government is well aware of the distress and has therefore extended Pradhan Mantri Garib Kalyan Ann Yojana (PMGKAY) till March 2022 vide which 80 crore people who possess ration cards are entitled to receive 5 kg of additional rations (over and above the entitlement of five kg per person). However, no scheme has been put in place for equally poor and vulnerable families who do not possess ration cards.
The petition seeks immediate implementation of the directions contained in the judgement dated June 29, 2021 and that the central and State governments file reports regarding the status of implementation.
The petition was mentioned by counsel Prashant Bhushan before the bench of the Chief Justice of India (CJI) on January 19, 2022 for listing the matter and the CJI indicated that he will look into it.
---
*Intervenors in suo motu petition (civil) 6/2020. A copy of the petition can be accessed here

Comments

TRENDING

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Anti-poor stand': Even British wouldn't reduce Railways' sleeper and general coaches

By Anandi Pandey, Sandeep Pandey*  Probably even the British, who introduced railways in India, would not have done what the Bhartiya Janata Party government is doing. The number of Sleeper and General class coaches in various trains are surreptitiously and ominously disappearing accompanied by a simultaneous increase in Air Conditioned coaches. In the characteristic style of BJP government there was no discussion or debate on this move by the Indian Railways either in the Parliament or outside of it. 

Why convert growing badminton popularity into an 'inclusive sports opportunity'

By Sudhansu R Das  Over the years badminton has become the second most popular game in the world after soccer.  Today, nearly 220 million people across the world play badminton.  The game has become very popular in urban India after India won medals in various international badminton tournaments.  One will come across a badminton court in every one kilometer radius of Hyderabad.  

Faith leaders agree: All religious places should display ‘anti-child marriage’ messages

By Jitendra Parmar*  As many as 17 faith leaders, together for an interfaith dialogue on child marriage in New Delhi, unanimously have agreed that no faith allows or endorses child marriage. The faith leaders advocated that all religious places should display information on child marriage.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Ayurveda, Sidda, and knowledge: Three-day workshop begins in Pala town

By Rosamma Thomas*  Pala town in Kottayam district of Kerala is about 25 km from the district headquarters. St Thomas College in Pala is currently hosting a three-day workshop on knowledge systems, and gathered together are philosophers, sociologists, medical practitioners in homeopathy and Ayurveda, one of them from Nepal, and a few guests from Europe. The discussions on the first day focused on knowledge systems, power structures, and epistemic diversity. French researcher Jacquiline Descarpentries, who represents a unique cooperative of researchers, some of whom have no formal institutional affiliation, laid the ground, addressing the audience over the Internet.

Article 21 'overturned' by new criminal laws: Lawyers, activists remember Stan Swamy

By Gova Rathod*  The People’s Union for Civil Liberties (PUCL), Gujarat, organised an event in Ahmedabad entitled “Remembering Fr. Stan Swamy in Today’s Challenging Reality” in the memory of Fr. Stan Swamy on his third death anniversary.  The event included a discussion of the new criminal laws enforced since July 1, 2024.

Hindutva economics? 12% decline in manufacturing enterprises, 22.5% fall in employment

By Bhabani Shankar Nayak*  The messiah of Hindutva politics, Narendra Modi, assumed office as the Prime Minister of India on May 26, 2014. He pledged to transform the Indian economy and deliver a developed nation with prosperous citizens. However, despite Modi's continued tenure as the Prime Minister, his ambitious electoral promises seem increasingly elusive. 

Union budget 'outrageously scraps' scheme meant for rehabilitating manual scavengers

By Bezwada Wilson*  The Union Budget for the year 2024-2025, placed by the Finance Minister in Parliament has completely deceived the Safai Karmachari community. There is no mention of persons engaged in manual scavenging in the entire Budget. Even the scheme meant for the rehabilitation of manual scavengers (SRMS) has been outrageously scrapped.