Supreme Court of India Establishes Comprehensive Registration for Migrant Labourers under Code of Social Security Act, 2020

Introduction

The Supreme Court of India delivered a pivotal judgment on May 24, 2021, addressing the pressing issues faced by migrant labourers amidst the COVID-19 pandemic. The case, titled Problems And Miseries Of Migrant Labourers, In Re, brought to the fore the challenges migrant workers encountered, including lack of access to dry rations, cooked food, and direct cash transfers. The primary parties involved included the Government of NCT of Delhi, several state governments such as U.P., Haryana, Maharashtra, Orissa, Bihar, and the Union of India. The applicant was represented by Shri Prashant Bhushan, highlighting significant deficiencies in the implementation of welfare schemes for migrant workers.

Summary of the Judgment

The Supreme Court acknowledged the government's efforts in managing the exodus of migrant workers during the initial lockdown phases. However, it identified persistent gaps in the disbursement of dry rations, establishment of cooked food centers, and the extension of cash transfer benefits to various categories of unorganized workers. The Court emphasized the necessity of completing the registration of unorganized workers to facilitate access to welfare schemes effectively. It directed the Central and State Governments to expedite the creation of a comprehensive National Database for Unorganized Workers (NDUW) under the newly enacted Code of Social Security Act, 2020. Additionally, the Court mandated the establishment of Community Kitchens and the distribution of dry rations throughout the country, urging wide publicity to ensure migrant workers benefit from available schemes.

Analysis

Precedents Cited

The Court referenced several prior directives and statutory provisions that shaped its decision:

Orders dated 11.01.2018 and 21.08.2018 in SLP (Crl.) No. 150 of 2012: These orders directed the Ministry of Labour and Employment to develop a portal for the registration of unorganized workers, which laid the groundwork for the National Database for Unorganized Workers.
Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996: Earlier registration efforts under this Act were acknowledged but deemed insufficient without comprehensive national coordination.
Unorganised Workers Social Security Act, 2008: Although this Act was repealed by the Code of Social Security Act, 2020, the Court considered its previous framework in analyzing the registration mechanisms.

Legal Reasoning

The Court stressed the importance of systematic registration of migrant and unorganized workers to ensure the effective delivery of welfare benefits. Recognizing the fragmented approach across states, the Court advocated for a unified national database under the Code of Social Security Act, 2020. This approach aims to streamline the identification process, eliminate redundancy, and ensure that benefits reach the intended beneficiaries without bureaucratic delays. The Court also highlighted the need for inter-state collaboration and adherence to previously issued directives to maintain consistency in welfare distribution.

Impact

This judgment sets a precedent for the comprehensive registration and monitoring of migrant and unorganized workers across India. By mandating the completion of the National Database for Unorganized Workers, the Court ensures that future welfare schemes can be more efficiently implemented and monitored. The emphasis on Community Kitchens and the standardized distribution of dry rations addresses immediate humanitarian needs while laying the foundation for long-term social security frameworks. Moreover, the judgment reinforces the accountability of both Central and State Governments in safeguarding the rights and well-being of vulnerable worker populations.

Complex Concepts Simplified

            National Database for Unorganized Workers (NDUW): A centralized system that records information about unorganized (migrant) workers across the country, enabling efficient delivery of welfare schemes and benefits.

            Code of Social Security Act, 2020: A comprehensive legislation that amalgamates various social security laws, aiming to provide a unified framework for the registration, identification, and provision of benefits to different categories of workers, including migrants.

            Community Kitchens: Establishments set up by the government or NGOs to provide free cooked meals to those in need, particularly migrant workers who have lost their employment.

Conclusion

The Supreme Court's judgment in the Problems And Miseries Of Migrant Labourers case marks a significant step towards strengthening the social security mechanism for migrant and unorganized workers in India. By mandating the creation and completion of a National Database, the Court ensures that welfare schemes are accessible and efficiently implemented. The directives to establish Community Kitchens and standardize the distribution of dry rations address immediate relief needs, while the emphasis on registration paves the way for sustainable social security frameworks. This judgment underscores the judiciary's role in upholding the rights of vulnerable populations and ensuring governmental accountability in times of crisis.