Supreme Court of India's Landmark Judgment on Migrant Labourers During COVID-19 Pandemic
Introduction
The Supreme Court of India addressed the dire circumstances faced by migrant labourers during the COVID-19 pandemic in the landmark case titled IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS (2021 INSC 315). The judgment, delivered by Justice Ashok Bhushan on June 29, 2021, emerged in response to the unprecedented challenges that migrant workers endured due to nationwide lockdowns, resulting in mass exoduses, loss of employment, and severe humanitarian crises.
The primary parties involved were the Union of India, various State and Union Territory governments, and the migrant labourers themselves, represented through intervenors and legal counsel.
Summary of the Judgment
The Supreme Court took suo motu cognizance of the plight of migrant labourers during the COVID-19 lockdown. The court issued multiple directives aimed at alleviating the hardships faced by these workers. Key directions included:
- Facilitating the transportation of migrant workers back to their native places via trains and buses.
- Ensuring the distribution of dry rations and running community kitchens to provide two meals a day.
- Implementing the One Nation One Ration Card (ONORC) scheme to enable ration portability across states.
- Mandating the registration of unorganized workers under existing legislations to ensure access to welfare schemes.
- Directing the Central and State Governments to develop a National Data Base for Unorganised Workers (NDUW).
The court emphasized the constitutional mandate to ensure social and economic justice, urging governments to act decisively to protect the vulnerable migrant workforce.
Analysis
Precedents Cited
The judgment referenced several key precedents, notably:
- National Textile Workers Union vs. P.R. Ramakrishnan (1983): Highlighted the special place of workers in a socialist society, reinforcing their rights and dignity.
- Special Leave Petition (Crl.) No. 150 of 2012: Directed the Ministry of Labour and Employment to develop registration modules for unorganized workers.
These precedents underscore the judiciary's commitment to upholding workers' rights and ensuring effective implementation of welfare measures.
Legal Reasoning
The court's legal reasoning hinged on several constitutional principles and statutory mandates:
- Right to Life (Article 21): Interpreted to include the right to live with dignity, encompassing access to basic necessities like food and shelter.
- Directive Principles of State Policy: Emphasized the state's role in ensuring social and economic justice.
- Inter-State Migrant Workmen Act, 1979: Highlighted the need for proper registration and regulation to protect migrant workers from exploitation.
The court concluded that the state has an obligation to implement existing welfare schemes effectively and to bridge gaps in policy execution that leave migrant workers vulnerable.
Impact
This judgment has far-reaching implications for labor law and migrant welfare in India:
- Strengthened Workers' Rights: Reinforces the state's duty to protect vulnerable workers, setting a precedent for future welfare-related litigations.
- Implementation of ONORC: Mandates states to adopt the ration portability scheme, facilitating easier access to food security irrespective of geographic location.
- National Database for Unorganised Workers: Accelerates the creation of a centralized database, enhancing the efficiency of welfare scheme distribution.
- Enhanced Accountability: Holds governments accountable for the implementation and monitoring of welfare measures, ensuring better governance.
Ultimately, the judgment aims to systematize and streamline support mechanisms for unorganized and migrant workers, ensuring their rights are safeguarded even in times of crisis.
Complex Concepts Simplified
One Nation One Ration Card (ONORC)
ONORC is a scheme that allows beneficiaries of the National Food Security Act (NFSA) to access their entitled rations from any Fair Price Shop across India, irrespective of their domicile. This is particularly beneficial for migrant workers, enabling them to receive food security benefits even when working away from their native states.
Inter-State Migrant Workman (Regulation of Employment and Conditions of Service) Act, 1979
This Act regulates the employment of migrant workers moving from one state to another, ensuring their rights are protected. It mandates the registration of establishments employing such workers and licensing of contractors, aiming to prevent exploitation and guarantee fair working conditions.
National Database for Unorganised Workers (NDUW)
The NDUW is envisioned as a comprehensive database that tracks unorganized workers, including migrants, across India. Its development is crucial for the effective delivery of social security and welfare schemes, ensuring that benefits reach the intended recipients without administrative bottlenecks.
Conclusion
The Supreme Court's judgment in IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS (2021 INSC 315) marks a pivotal moment in the protection of migrant workers in India. By enforcing stringent implementation of existing laws, mandating the adoption of innovative schemes like ONORC, and pushing for the creation of a national database, the court has laid down a robust framework for safeguarding the rights and welfare of one of the most vulnerable segments of the workforce.
This judgment not only addresses the immediate crises wrought by the pandemic but also establishes enduring legal standards that will enhance the resilience and dignity of India's migrant labour force in the face of future challenges.
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