Introduction

The Supreme Court of India, in the case titled IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS (2022 INSC 741), delivered a landmark judgment on July 21, 2022. The case arose as a Suo Motu Writ Petition aimed at addressing the multifaceted challenges faced by migrant labourers in the country, especially in the context of the COVID-19 pandemic. The petition highlighted issues such as lack of registration, inadequate access to welfare schemes, food security, and the overall vulnerability of migrant workers in the unorganized sector.

Summary of the Judgment

The Supreme Court issued a series of directives aimed at improving the registration and welfare mechanisms for migrant labourers. Key directions included:

• Development and implementation of a centralized portal for registration of unorganized labourers through the National Database for Unorganised Workers (NDUW) Project.
• Allocation and distribution of additional foodgrains to migrant workers as per state demands.
• Implementation of the “One Nation One Ration Card” scheme across all states and union territories.
• Re-determination of beneficiary coverage under the National Food Security Act (NFSA) to reflect population changes post-2011 census.
• Mandatory registration of establishments and licensing of contractors under the Act, 1979, ensuring compliance in providing migrant worker particulars.
• Establishment of community kitchens in areas with high concentrations of migrant workers to ensure daily meals.

The Court also mandated the Central Government and respective states to comply with these directives within specified timelines, emphasizing the fundamental right to food under Article 21 of the Constitution.

Analysis

Precedents Cited

The judgment referenced a series of previous decisions that collectively affirm the judiciary's commitment to protecting the rights of vulnerable populations. Notably, the Court has been consistent in its stance that the "Right to Food" constitutes a fundamental right under Article 21, ensuring that the state takes active measures to fulfill this obligation. These precedents influenced the Court's multifaceted approach, integrating administrative, legal, and social measures to address the plight of migrant labourers.

Legal Reasoning

The Court's legal reasoning hinged on the interpretation of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The judiciary extended this right to encompass the "Right to Food," thereby necessitating state intervention in ensuring food security for all citizens, including migrant workers. The Court emphasized the importance of comprehensive data through the NDUW portal to effectively implement welfare schemes. Additionally, by mandating the “One Nation One Ration Card” scheme, the Court sought to eliminate bureaucratic hurdles that often left migrant workers disconnected from essential services.

Impact

This judgment has significant implications for future cases and the broader landscape of labour and social welfare law in India. By mandating a centralized registration system and enhancing the reach of welfare schemes, the Court has set a precedent for government accountability in safeguarding the rights of migrant workers. The directives are expected to streamline access to benefits, reduce exploitation, and ensure that welfare schemes are inclusive and efficiently administered. Moreover, the emphasis on updating beneficiary data under the NFSA highlights the need for dynamic policy frameworks that reflect demographic changes.

Complex Concepts Simplified

National Database for Unorganised Workers (NDUW) Project

The NDUW Project is a centralized portal designed to register unorganized and migrant workers across various sectors. This database aims to facilitate better implementation of welfare schemes by maintaining accurate and up-to-date information on workers.

"One Nation One Ration Card" Scheme

This scheme allows migrant workers to access their food entitlements from any Fair Price Shop (FPS) across India, ensuring they are not restricted to a single location for their food security needs.

Section 9 of the National Food Security Act (NFSA), 2013

Section 9 pertains to the declaration of eligible families for the provision of subsidized food grains. The Court directed a re-evaluation of eligibility criteria to account for population changes since the last census.

Community Kitchens

Community kitchens are designated places where migrant workers can receive free or subsidized meals, ensuring that they have access to at least two meals a day during times of crisis like the COVID-19 pandemic.

Conclusion

The Supreme Court's judgment in IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS (2022 INSC 741) marks a pivotal step towards ensuring the protection and welfare of migrant labourers in India. By mandating comprehensive registration mechanisms, enhancing food security measures, and ensuring the effective implementation of welfare schemes, the Court has reinforced the state's responsibility to uphold the fundamental rights of all its citizens. This judgment not only addresses immediate concerns exacerbated by the pandemic but also lays down a robust framework for the sustained protection of vulnerable workers, thereby contributing significantly to the broader discourse on labour rights and social justice in India.