Supreme Court terms Centre’s apathy towards migrant workers ‘unpardonable’

New Delhi: The Supreme Court termed Tuesday as ‘unpardonable’ the Centre’s ‘apathy and lackadaisical attitude’ towards creating National Database for Unorganised Workers (NDUW). The apex court ordered its commencement by July 31 so that all migrant workers are registered this year. This has to be done and welfare measures extended to them during the Covid-19 distress, the Supreme Court said.

The top court issued a slew of directions to authorities on a plea of three activists. The activists were seeking welfare measures for migrant workers. The court ordered the states and Union Territories (UTs) to frame schemes for providing free dry ration to migrant workers till the pandemic lasts. It also said that the Centre will have to allocate additional foodgrains for this purpose.

A bench comprising justices Ashok Bhushan and MR Shah also ordered that ‘the states, who have not yet implemented ‘One Nation One Ration Card’ scheme are directed to implement the same by not later than July 31’.

The top court referred to its order of August 21, 2018. The order directed the Ministry of Labour to make available a module to states and UTs for the registration of unorganised workers. The bench said the stand taken by the Centre ‘does not commend us’.

“When the unorganised workers are waiting for registration and are waiting to reap the benefit of various welfare schemes of the States and Centre, the apathy and lackadaisical attitude by the Ministry of Labour and Employment is unpardonable. There was urgency in the portal to be finalised and implemented looking to the pandemic and dire need of unorganized workers to receive the benefit,” the Supreme Court bench said.

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“The attitude of Ministry of Labour and Employment in not completing the module even though directed as early as on 21.08.2018 shows that Ministry is not alive to the concern of the migrant workers and the non-action of the Ministry is strongly disapproved,” the bench added.

The bench also directed the Labour Secretary to ensure that NDUW portal is finalised and implementation of the portal commences on or before July 31. It sought a compliance report within a month thereafter.

The top court directed the department of Food and Public Distribution to ‘allocate and distribute foodgrains as per demand of additional food-grains from the States for disbursement of dry food grains to migrant labourers’.

“We direct the States to bring in place an appropriate scheme for distribution of dry ration to migrant labourers for which it shall be open for states to ask for allocation of additional food grains from the Central Government, which, as directed…Shall provide the additional food grains to the State,” it ordered, adding that it has to be brought by July 31 and may be continued till the current pandemic exists.

Justice Bhushan, writing the 80-page judgement for the bench, also directed states and UTs to run community kitchens at prominent places for feeding those who do not have sufficient means.

The top court referred to the worldwide awareness over the right to food of human beings and said that the fundamental right to life under Article 21 may include this right as well.

“There has been worldwide awareness regarding right to food to human being. Our country is no exception. Lately, all Governments have been taking steps and taking measures to ensure that no human being should be affected by hunger and no one dies out of hunger. The basic concept of food security globally is to ensure that all people, at all times should get access to the basic food for their active and healthy life,” the bench said.

“The Constitution of India does not have any explicit provision regarding right to food. The fundamental right to life enshrined in Article 21 of the Constitution may be interpreted to include right to live with human dignity, which may include the right to food and other basic necessities,” it added.