# MUKTI MORCHA v. UNION OF INDIA & ORS.)

- **Citation:** [2021] 7 S.C.R. 175
- **Court:** Supreme Court of India
- **Decided:** 2021-06-29
- **Bench:** Ashok Bhushan, M. R. Shah
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mukti-morcha-v-union-of-india-ors-34899
- **Pages:** 51

## Headnote

COVID-19 pandemic - Migrant labourers - Problems and
miseries of - Amelioration - Worldwide Pandemic COVID-19
engulfed the country in March, 2020 - When Nationwide Lockdown
was declared on 24.03.2020, after few days, there was huge exodus
of the migrant labourers from their place of work to their native
places - Supreme Court suo motu took cognizance of the problems
and miseries of the migrant labourers - Suo Motu Writ Petition
registered - In pursuance of orders passed by Supreme Court, the
Central Government, States and Union Territories took various
measures - After March, 2021, the second wave of pandemic hit
the country - Migrant workers again started proceeding to their
native places - Need for ameliorating the miseries of migrant workers
- Held: Migrant workers are exposed to financial and other forms
of hardships due to limited access and claim to welfare resources
offered by the States/Union Territories - They are particularly
vulnerable to economic regression - On consideration of the matter,
number of directions issued by the Supreme Court - Central
Government directed to develop Portal in consultation with National
Informatics Centre (NIC) for registration of unorganized labourers/
migrant workers - All concerned States/Union Territories and the
Licence Holders/Contractors and others directed to cooperate with
the Central Government to complete the process of registration of
migrant workers and unorganized labourers so that benefits of the
welfare schemes declared by Central Government/State
Governments/ Union Territories be available to migrant workers
and unorganized labourers for whose benefits the welfare schemes
are declared -Central Government, Department of Food and Public
Distribution (Ministry of Consumer Affairs, Food and Public
Distribution) directed to allocate and distribute foodgrains as per
[2021] 7 S.C.R. 175
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demand of additional food-grains from the States for disbursement
of dry food grains to migrant labourers - The States, who have not
yet implemented "One Nation One Ration Card" scheme directed to
implement the same by not later than 31.07.2021 - All States/Union
Territories directed to register all establishments and license all
contractors under the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 and ensure that
statutory duty imposed on the contractors to give particulars of
migrant workers is fully complied with - The State/Union Territories
directed to run community kitchens at prominent places where large
number of migrant labourers are found for feeding those migrant
labourers who do not have sufficient means to procure two meals a
day - Running of the community kitchen directed to be continued
at-least till pandemic (Covid-19) continues - National Food Security
Act, 2013 - Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service)Act, 1979 - Building and other
Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996 - Unorganised Workers' Social Security Act,
2008.
Disposing of the writ petitions, the Court
HELD: 1. The Right to Life as guaranteed by Article 21 of
the Constitution gives right to every human being to live a life of
dignity with access to at-least bare necessities of life. To provide
food security to impoverished persons is the bounden duty of all
States and Governments. The Parliament with object to provide
food and nutritional security in human life cycle had enacted the
National Food Security Act, 2013. Those who have been identified
as beneficiary under National Food Security Act, 2013 are
provided dry rations as per the Centre and States' Schemes. In
event, a migrant labour is covered under the National Food
Security Act, 2013 and had been issued a ration card under the
Act, he is entitled to access the dry ration wherever he is, at his
work place also, in accordance with scheme of the Central
Government namely "On

## Text

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IN RE: PROBLEMS AND MISERIES OF MIGRANT
LABOURERS
(Suo Motu Writ Petition (Civil) No. 06 of 2020)
with
(Writ Petition (C) No. 916 of 2020 )
(BANDHUA MUKTI MORCHA v. UNION OF INDIA & ORS.)
JUNE 29, 2021
[ASHOK BHUSHAN AND M. R. SHAH, JJ.]
COVID-19 pandemic - Migrant labourers - Problems and
miseries of - Amelioration - Worldwide Pandemic COVID-19
engulfed the country in March, 2020 - When Nationwide Lockdown
was declared on 24.03.2020, after few days, there was huge exodus
of the migrant labourers from their place of work to their native
places - Supreme Court suo motu took cognizance of the problems
and miseries of the migrant labourers - Suo Motu Writ Petition
registered - In pursuance of orders passed by Supreme Court, the
Central Government, States and Union Territories took various
measures - After March, 2021, the second wave of pandemic hit
the country - Migrant workers again started proceeding to their
native places - Need for ameliorating the miseries of migrant workers
- Held: Migrant workers are exposed to financial and other forms
of hardships due to limited access and claim to welfare resources
offered by the States/Union Territories - They are particularly
vulnerable to economic regression - On consideration of the matter,
number of directions issued by the Supreme Court - Central
Government directed to develop Portal in consultation with National
Informatics Centre (NIC) for registration of unorganized labourers/
migrant workers - All concerned States/Union Territories and the
Licence Holders/Contractors and others directed to cooperate with
the Central Government to complete the process of registration of
migrant workers and unorganized labourers so that benefits of the
welfare schemes declared by Central Government/State
Governments/ Union Territories be available to migrant workers
and unorganized labourers for whose benefits the welfare schemes
are declared -Central Government, Department of Food and Public
Distribution (Ministry of Consumer Affairs, Food and Public
Distribution) directed to allocate and distribute foodgrains as per
[2021] 7 S.C.R. 175
175
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SUPREME COURT REPORTS
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demand of additional food-grains from the States for disbursement
of dry food grains to migrant labourers - The States, who have not
yet implemented "One Nation One Ration Card" scheme directed to
implement the same by not later than 31.07.2021 - All States/Union
Territories directed to register all establishments and license all
contractors under the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 and ensure that
statutory duty imposed on the contractors to give particulars of
migrant workers is fully complied with - The State/Union Territories
directed to run community kitchens at prominent places where large
number of migrant labourers are found for feeding those migrant
labourers who do not have sufficient means to procure two meals a
day - Running of the community kitchen directed to be continued
at-least till pandemic (Covid-19) continues - National Food Security
Act, 2013 - Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service)Act, 1979 - Building and other
Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996 - Unorganised Workers' Social Security Act,
2008.
Disposing of the writ petitions, the Court
HELD: 1. The Right to Life as guaranteed by Article 21 of
the Constitution gives right to every human being to live a life of
dignity with access to at-least bare necessities of life. To provide
food security to impoverished persons is the bounden duty of all
States and Governments. The Parliament with object to provide
food and nutritional security in human life cycle had enacted the
National Food Security Act, 2013. Those who have been identified
as beneficiary under National Food Security Act, 2013 are
provided dry rations as per the Centre and States' Schemes. In
event, a migrant labour is covered under the National Food
Security Act, 2013 and had been issued a ration card under the
Act, he is entitled to access the dry ration wherever he is, at his
work place also, in accordance with scheme of the Central
Government namely "One Nation One Ration Card". Both the
Central Government and the State Governments have floated
various schemes for unorganized workers, building and
construction workers but sad picture of the ground reality is that
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large number of beneficiaries are deprived from access to these
welfare schemes of the Central Government or the State
Governments. [Paras 17, 18, 20][194-A-C, E-F, G-H; 195-A]
2. Dry Ration to Migrant Workers
2.1 The migrant workers, who possess the ration card and
are covered under the National Food Security Act, 2013 can avail
the dry ration utilising their card even in the State where they
have migrated for work. Real difficulty arises with regard to
migrant workers who do not possess any card issued under
National Food Security Act or even by respective States. There
is a large number of such migrants who do not possess any card.
Their above disability is due to their poverty and lack of education
but the State cannot abdicate its duty towards such persons,
especially in the wake of the pandemic and the events where
large numbers of migrant workers are not able to get jobs which
may satisfy their basic needs. [Para 24][197-A-C]
2.2 The affidavit of Union of India indicates that under Atma
Nirbhar Bharat Scheme, which was issued by the Department of
Food and Public Distribution, migrants/stranded migrants were
covered and 5 Kg per person per month free of cost dry ration
for a period of two months was given. It was the States, who
identified about 2.8 crore migrant population in the first wave of
pandemic, which is clearly stated in the affidavit of Union of India.
When there is identification by the States of 2.8 crore migrants,
there is no difficulty for the State in reaching such migrants and
supplying dry ration to those who may still be at their identified
places. The Union of India in its affidavit has clearly stated that
the Union of India is ready and willing to provide the additional
food grains to the States under various schemes in event such
request is made by the States/UTs. [Para 25][197-C-F]
2.3 From the affidavits filed by different States, it does appear
that although some States have devised certain schemes for
distribution of dry ration to migrant workers, most of the States
do not have such schemes. Several States have not mentioned
any scheme under which in the second wave of pandemic any
ration has been distributed to the migrant workers. State of
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Gujarat has referred to a scheme namely 'Annambrahma' Scheme
which scheme has been once again implemented and as on date
is current. However, no details have been given as to how many
migrant workers have been provided dry ration in this second
wave of pandemic. [Para 27][197-G-H; 198-A-B]
2.4 The States/Union Territories who are responsible for
Public Distribution System and who are the agency to reach
beneficiary have to devise the scheme to cater the needs of
migrant workers and find out ways and means to reach those
migrant workers and supply the dry ration. Especially during this
pandemic, the States/Union Territories have to make extra efforts
to reach migrant labourers so that no migrant labourer is denied
two meals a day. The Union of India has mentioned that Ministry
has extended various schemes to enable all States/UTs to obtain
additional quantities of food grains. The Union of India has also
referred to Circular dated 20.05.2021 issued by Government of
India, Ministry of Consumer Affairs, which states on the subject
"various food security measures announced during COVID-19,
2021". Thus, the Central Government is ready to allocate
additional quantities of food grains to the States for supplying
food grains to migrant workers after identification. The Central
Government may, in consultation with the States, devise a
mechanism to reach migrant labourers especially in this pandemic
so that dry ration be provided to them. [Paras 29, 30, 31][198-FH; 199-A, C-D]
2.5 The Central Government having undertaken to
distribute additional quantity of foodgrains as demanded by the
States/Union Territories for distribution to migrant labourers
under some Scheme framed by the States, Central Government,
Department of Food and Public Distribution (Ministry of
Consumer Affairs, Food and Public Distribution) is directed to
allocate and distribute foodgrains as per demand of additional
foodgrains from the States for disbursement of dry foodgrains to
migrant labourers. [Para 33][199-F-G]
2.6 The States are directed 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
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foodgrains from the Central Government, which, shall provide
the additional foodgrains to the State. The State shall consider
and bring an appropriate Scheme, which may be implemented on
or before 31.07.2021. Such scheme may be continued and
operated till the current pandemic (Covid-19) continues.
[Para 34][199-G-H; 200-A-B]
3. One Nation One Ration Card
3.1 "One Nation One Ration Card" is a scheme
implemented by the Government of India providing for nationwide portability of National Food Security Act Ration card. Several
States have been integrated under One Nation One Ration Card
cluster at the National level. One Nation One Ration Card is an
important citizen centric reform. Its implementation ensures
availability of ration to beneficiaries under National Food Security
Act (NFSA) and other welfare schemes, especially to the migrant
workers and their families at any Fair Price Shop across the
Country. To ensure seamless inter-State portability of the ration
card, Aadhaar seeding of all ration cards as well as Biometric
Authentication of beneficiaries through automation of all Fair
Price Shops (AFPS) with installation of electronic- Point of Sale
(e-POS) devices are necessary. [Para 35][200-B-E]
3.2 The Union of India, Department of Expenditure has
permitted State-wise additional borrowing for completion of One
Nation One Ration Card Scheme. The Solicitor General during
his submissions has submitted that Four States have not yet
implemented the One Nation One Ration Card Scheme being
the States of Assam, Chhattisgarh, Delhi and West Bengal.
[Para 36][200-E-F]
3.3 When migrant workers are spread throughout the
Country, each State has to implement the scheme, which is a
necessary welfare measure towards food security to this class of
persons. The States are duty bound to implement this Scheme,
which is a welfare scheme in the interest of poor and marginal
sections of the society. When a migrant labour reaches to a
particular State for work/employment and is covered by National
Food Security Act Scheme, the receiving State is under duty to
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ensure that his rights and entitlement under National Food
Security Act is not denied merely because of the fact that he is
not in his native State from where he was issued the ration card
under National Food Security Act scheme. Thus, those States
who have not yet implemented One Nation One Ration Card
scheme should implement the same. The States who have not
implemented the One Nation One Ration Card scheme are
directed to implement the scheme by not later than 31.07.2021.
[Paras 37, 38][200-G-H; 201-A-C]
4. Coverage of Rural and Urban population under National
Food SecurityAct, 2013
Section 3 of the National Food Security Act, 2013 provides
for Right to receive foodgrains at subsidised prices by persons
belonging to eligible households under Targeted Public
Distribution System. Section 9 provides for coverage of population
under Targeted Public Distribution System, which is to be
determined by the Central Government and the total number of
persons to be covered in such rural and urban areas of the State
shall be calculated on the basis of the population estimates as
per the census of which the relevant figures have been published.
The State-wise coverage under National Food Security Act was
determined by the then Planning Commission (now Niti Aayog)
by using the NSS Household Consumption Survey data for 20112012. More than 10 years have elapsed from determination of
State-wise coverage. In event, Central Government undertakes
fresh determination of the State-wise coverage under National
Food Security Act, number of beneficiaries State-wise are bound
to increase benefitting the large number of eligible persons. [Paras
39, 40][201-D; 202-B-E]
5. Inter-state Migrant Workman (Regulation of
Employment and Condition of Service) Act, 1979
5.1 The Parliament enacted the above enactment with a
very laudable object protecting migrant workers from large
number of ill-practices. Chapter II deals with registration of
establishments employing inter-State Migrant Workmen. Section
6 contains an injunction that no principal employer of an
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establishment shall employ inter-State migrant workmen in the
establishment unless a certificate of registration in respect of
such establishment is issued under the Act. Similarly, Chapter
III deals with licensing of contractors. Section 8(2) provides that
a licence under sub-section (1) may contain the terms and
conditions of the agreement or other arrangement under which
the workmen will be recruited, the remuneration payable, hours
of work, fixation of wages and other essential amenities in respect
of the inter-State migrant workmen are to be included. Section
12 provides for duties and obligations of contractor. Section
12(1)(a) provides that it shall be the duty of every contractor to
furnish such particulars and in such form as may be prescribed,
to the specified authority in the State from which an inter-State
migrant workman is recruited and in the State in which such
workman is employed, within fifteen days from the date of
recruitment, or, as the case may be, from the date of employment.
[Paras 41, 44][202-F-G; 206-C-F]
5.2 Form X under which the information is to be given by a
contractor contains various details pertaining to the migrant
workmen. In event, the licensed contractors engage migrant
workmen, he is bound to give the particulars of the migrant
workmen to the specified authorities and it is in the domain of
the authorities recruiting migrant workers to enable the
authorities to reach the migrant workers and extend the benefits
to which such migrant workers are entitled. The appropriate
Government is to appoint Inspectors for the purpose of this Act.
A direction need to be issued to the States/Union Territories to
register all establishments and license all contractors under the
Act and ensure that statutory duty imposed on the contractors to
give particulars of the migrant workers is fully complied with.
The competent authority while registering the establishments
and granting license to the contractors may also impose conditions
pertaining service condition, journey allowance and other facilities
as set out in Chapter V of the Act. [Paras 45, 46][207-A-C, E-F]
6. Registration of Unorganised Workers
6.1 The Building and other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996
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was enacted by Parliament to regulate the employment and
conditions of service of building and other construction workers
and to provide for their safety, health and welfare measures and
for other matters connected therewith. The Act provides for
registration of establishments. Chapter IV provides for
registration of building workers as beneficiaries and also
contemplates issuance of identity cards. [Para 47][207-G-H;
208-A-B]
6.2 The other enactment, which has been enacted by
Parliament to provide for the social security and welfare of
unorganized workers' is the Unorganised Workers' Social Security
Act, 2008. The Unorganised Workers constitute 94% of the work
force, which is also noticed in the Statement of Objects and
Reasons. The unorganized workers belong to poor strata of
society, less educated and are not much aware of their rights and
obligations of their employer. Unorganised workers are also not
able to easily get themselves registered under Act, 2008 so as to
enable them to reap the welfare schemes of the Central
Government as well as of the State Governments. [Paras 48,
49][209-C-D; 210-F-G]
6.3 Although, Code on Social Security, 2020 has received
the Presidential assent in August, 2020 but the same has not yet
been enforced except the provision for use of Aadhaar. Thus, the
registration under Act, 1996 and Act, 2008 has to continue till
the provisions of Code on Social Security, 2020 are enforced, the
registration of unorganized workers both under Act, 1996 and
Act, 2008 is beneficial to the unorganized workers since it is
only after registration they are able to access the welfare schemes
of the Central Government and the State Governments. The
registration of the unorganized workers is, thus, pivotal and most
important insofar as welfare of workers is concerned. [Para
50][211-D-F]
7. NCT Delhi
7.1 In the affidavit dated 08.06.2021 filed on behalf of State
of NCT Delhi, no details regarding process of registration of
construction workers, inter-State migrant workers and
unorganized workers have been mentioned. However, in the note
dated 14.06.2021 submitted on behalf of NCT Delhi with regard
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to Act, 1979 and Act, 1996, it has been stated that online portal
for registration of establishments employing migrant workers is
in place since December, 2019. It is further mentioned that Delhi
Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Rules, 1982 have been notified on
04.06.1982. It is further stated that by virtue of Section 2(e),
migrant workers themselves cannot register under Act, 1979 and
it is the contractor, who has to register the migrant workers.
With regard to Act, 1996, it is stated that under the said Act,
Delhi Building and Other Construction Workers (RE & CS)
Rules, 2002 have been notified. It is further mentioned that steps
are being taken by issuing notice to the various employers to get
them registered under Act, 1996. [Para 52][212-A-D]
7.2 This Court had directed the Ministry of Labour and
Employment to make available the module to all States and Union
Territories for purposes of registration under Act, 2008. In spite
of the above direction which was issued on 21.08.2018, the
Ministry of Labour and Employment has not yet been able to
provide the module to all States and Union Territories for the
purpose of registration. Several States have stated in their
affidavits that they are waiting for the module to be provided by
the Ministry of Labour and Employment to proceed further
with the registration of unorganized workers. [Paras 72, 73]
[218-B-C, G-H]
7.3 The Union of India was directed by order dated
24.05.2021 to file a detailed affidavit with regard to process of
registration of unorganized workers as undertaken by Ministry
of Labour and Employment. In pursuance of direction, an affidavit
has been filed by the Union of India dated 09.06.2021.
[Para 74][219-D-E]
7.4 When the unorganized 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 finalized
and implemented looking to the pandemic and dire need of
unorganized workers to receive the benefit. The attitude of
Ministry of Labour and Employment in not completing the module
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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
Secretary, Ministry of Labour and Employment is directed to
ensure that National Database for Unorganised Workers (NDUW)
portal is finalized and implementation of the portal commences
on or before 31.07.2021. [Para 75][220-F-H; 221-A]
7.5 To provide access to the migrant workers to different
Schemes of State Government and Central Government,
registration is a must. It is impressed upon Central Government
as well as States and Union Territories to complete the portal for
registration under National Database for Unorganised Workers
(NDUW) project as well as implement the same, which by all
means may commence not later than 31.07.2021. It is made clear
that after registration is complete, the correction and updating of
the data should be always possible and which is part of the process.
It is only after registration of the workers that the States and the
Centre shall be able to extend the benefits of the welfare schemes
to them. Prior to that unless the registration is complete, tall
claims by all the States and Union that they have implemented
various welfare schemes for the migrant workers and unorganized
workers remain only on paper without giving any benefit to
unorganized workers. [Para 76][221-B-D]
8. Community Kitchen
The States have been running community kitchens during
the pandemic. State should run the community kitchens at
prominent places where large number of migrant labourers are
there, which community kitchens should be continued at-least
till the pandemic continues. The States should advertise places
where facility of community kitchen/subsidized meals is provided
so that no migrant labour, who is unable to arrange for his two
meals can remain hungry. [Para 78][222-G-H; 223-A]
9. Direct Bank Transfer to unorganized workers.
9.1 All States have filed their affidavits and most of the States
have made direct bank transfers to construction workers, who
are registered under Act, 1996. The amount ranging from
Rs.1,000/- to Rs.6,000/- has been transferred to the construction
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workers. Few States have also made transfer to other categories
including auto rickshaw drivers and some other categories. The
right of direct bank transfer flows from a particular scheme framed
by a State. In event, a person including a migrant labourer is
entitled for any direct bank transfer from any scheme, he can
claim for such entitlement. No such scheme by any State has been
pleaded on record where conscious decision has been taken by
the State to make direct bank transfer to a migrant labourer. The
direct bank transfer being matter of policy and being in domain
of the State, no direction can be issued by this Court for any direct
bank transfer as claimed by certain applicants/intervenors.
In event any person is entitled for direct bank transfer as per the
existing scheme in any State, he can avail the said benefit by
the mechanism as provided in the policy decision. [Para 79]
[223-A-E]
National Textile Workers' Union and Others v. P.R.
Ramakrishnan and Others (1983) 1 SCC 228:[1983] 1
SCR 922 - referred to
Case Law Reference
[1983] 1 SCR 922
referred to
Para 15
CIVIL ORIGINAL JURISDICTION: Suo Motu Writ Petition
(Civil) No. 6 of 2020
(Under Article 32 of the Constitution of India)
In Re: Problems and Miseries of Migrant Labourers
with
Writ Petition (C) No.916 of 2020
Tushar Mehta, S.G., K.M. Nataraj, Ms. Aishwarya Bhati, ASGs,
S.C. Verma, Amit Kumar, Ashok Parija, Advs. General, Nalin Kohli,
Manoj Kumar Singh, Anil Grover, Ajay Bansal, Ms. Garima Prashad,
AAGs., Ms. Ankita Choudhary, Dy. Adv. Gen., Dushyant Dave, Colin
Gonsalves, Maninder Singh, Mrs. Manisha Lavkumar, Dr. Manish Singhvi,
Anand Grover, Ms. Indira Jaising, Ms. Gayatri Singh, Sr. Advs., Ms.
Cheryl Dsouza, Rahul Gupta for Prashant Bhushan, Gunjan Singh, Satya
Mitra, Kanu Agarwal, Rajat Nair, Saurabh Mishra, Sugosh
Subramaniyam, Prashant Rawat, Prashant Singh, Raj Bahadur Yadav,
B.V. Balram Das, Abhimanyu Tiwari, Ms. Eliza Bar, Anil Shrivastav,
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Shuvodeep Roy, Ms. Nimisha Menon, Manish Kumar, Sumeer Sodhi,
Ms. Simran Agarwal, Chirag M. Shroff, Arun Pedneker, Sachin Patil,
Aniruddha P. Mayee, Ms. Deepanwita Priyanka, Rahul Khurana, Ms.
Noopur Singhal, Satish Kumar, Sanjay Kumar Visen, Gaurav Yadava,
Ms. Veena Bansal, Sushil Kumar A., Abhinav Mukerji, Mrs. Bihu Sharma,
Ms. Pratishtha Vij, Tapesh Kumar Singh, Kumar Anurag Singh, Aditya
Pratap Singh, Anando Mukherjee, G.M. Kawoosa, Ms. Taruna
Ardhendumauli Prasad, Parth Awasthi, Shubhranshu Padhi, Ashish Yadav,
Rakshit Jain, Vishal Banshal, G. Prakash, Jishnu M.L., Ms. Priyanka
Prakash, Ms. Beena Prakash, Rahul Chitnis, Sachin Patil, Pukhrambam
Ramesh Kumar, Ms. Anupama Ngangom, Karun Sharma, Avijit Mani
Tripathi, Shaurya Sahay, Ms. Tarini K. Nayak, P.S. Negi, Mrinal Elker
Mazumdar, Siddhesh Kotwal, Ms. Manya Hasija, Ms. Ana Upadhyay,
Nirnimesh Dube, Ms. K. Enatoli Sema, Amit Kumar Singh, Sibo Sankar
Mishra, Karan Bharihoke, Ms. Neha Sahai Bharihoke, Siddhant Sharma,
Sandeep Kumar Jha, Raghvendra Kumar, Anand Kumar Dubey, Nishant
Verma, Narendra Kumar, Kabir Shankar Bose, Dr. Joseph Aristotle S.,
D. Kumanan, S. Udaya Kumar Sagar, Ms. Sweena Nair, Ms. Ruchira
Goel, Dr. Abhishek Atrey, Ms. Vidyottma Jha, Ms. Ambika Atrey, Suhaan
Mukerji, Ms. Liz Mathew, Vishal Prasad, Nikhil Parikshith, Abhishek
Manchanda, Sayandeep Pahari for PLR Chambers & Co., K.V.
Jagdishvaran, Ms. G. Indira, Nikhil Goel, Naveen Goel, Dushyant Sarna,
Vinay Mathew, Kanu Agarwal, Rajat Nair, Saurabh Mishra, Sugosh
Subramaniyam, Prashant Rawat, Raj Bahadur Yadav, Ms. Pinky Behera,
Ms. Shashi Juneja, Aravindh S., A. Lakshminarayanan, Ms. Ronita
Bhattacharya, Ms. Megha Chandra, Nupur Kumar, Paras Nath Singh,
Ms. Ujjaini Chatterji, Nitin Mishra, Ms. Mitali Gupta, Advs. for appearing
parties.
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J.
1. The Worldwide Pandemic COVID-19 engulfed this country in
March, 2020 and continues till date changing its face from time to time.
Different mutations in the virus have made it dangerous and fatal at
times. The pandemic had affected each and every person in the world
including all citizens of this country. The pandemic has adversely affected
all businesses including the small scale businesses, industries, markets
and smallest of the person.
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2. One of the groups, which were severally affected by the
pandemic, was the migrant labouers. When Nationwide Lockdown was
declared on 24.03.2020, after few days, there was huge exodus of the
migrant labourers from their place of work to their native places. Two
primary reasons which resulted in the exodus were cessation of
employment due to lockdown and fear of the pandemic. When large
number of migrant labourers started walking on highways on foot, cycles
and other modes of transports without food and facing several untold
miseries, this Court suo motu took cognizance of the problems and
miseries of the migrant labourers by its order dated 26.05.2020 on which
date, this Suo Motu Writ Petition had been registered. We had issued the
notice to the Union of India and all States / Union Territories and directed
the learned Solicitor General to assist the Court and by the next date of
hearing bring in the notice of the Court all measures and steps taken by
the Government of India and to be taken in this regard.
3. In pursuance of our order dated 26.05.2020 affidavits were
filed. Apart from filing of affidavit by the Central Government, States/
Union Territories, few persons also filed intervention application in this
writ petition bringing into notice of this Court several facts, figures and
suggested different measures for ameliorating the conditions of the
migrant labourers. One of the major issues, which, at that time, was to
be tackled by the States and Union Territories was the transportation of
migrant labourers from their work place to their native places.
4. We had issued certain directions on 28.05.2020 and thereafter
issued further directions on 09.06.2020, in paragraph 26 of which order,
we noticed following:-
"26. As noted above, the State and Union Territories in their
affidavits have referred to various measures, the orders and
guidelines issued by the Central Government, the orders issued
by the National Executive Committee under the Disaster
Management Act, 2005, policies and decisions taken by the
concerned States. The States and Union Territories claimed to be
following all directions and policies and taking necessary steps
for running the relief camps, shelter camps, attending the needs
of food and water of the migrants, attending the requirement of
transportation of migrant workers to their native places. There
can be no exception to the policies and intentions of the State but
what is important is that those on whom implementation of
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circulars, policies and schemes are entrusted are efficiently and
correctly implementing those schemes. Lapses and short-comings
in implementing the schemes and policies have been highlighted
by various intervenors in their applications and affidavits. The
responsibility of the States/Union Territories is not only to referring
their policy, measures contemplated, funds allocated but there has
to be strict vigilance and supervision as to whether those measures,
schemes, benefits reaches to those to whom they are meant. We
impress on States and Union Territories to streamline the vigilance
and supervision of actions of their officers and staff and take
appropriate action where required. We also have no doubt that
most of the officers, staff of administration and police are
discharging their duties with devotion and hard-work but the lapses
have to be taken note of and remedial action be taken. We further
notice from the materials on record that police officers of States,
para-military forces wherever deployed are doing commendable
job but some instances of excess with regard to migrant labourers
are also there. The migrant labourers, who were forced to proceed
to their native place, after cessation of their employment are
already suffering. The Financial difficulty being with all the migrant
labourers invariably they have to dealt by the police and other
authorities in a humane manner. The concerned Director General
of Police/Police Commissioner may issue necessary directions in
this regard."
5. Further eight directions were issued by this Court by Order
dated 09.06.2020, which were to the following effect:-
"35. We, thus, in addition to directions already issued by our order
dated 28.05.2020 and measures as directed above, issue following
further directions to the Central Government, all States and Union
Territories:
(1) All the States/Union Territories shall take all necessary
steps regarding identification of stranded migrant
workers in their State which are willing to return to their
native places and take steps for their return journey by
train/bus which process may be completed within a
period of 15 days from today.
(2) In event of any additional demand, in addition to demand
of 171 Shramik trains, as noticed above, railway shall
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provide Shramik trains within a period of 24 hours as
submitted by learned Solicitor General to facilitate the
return journey of migrant workers.
(3) The Central Government may give details of all schemes
which can be availed by migrant workers who have
returned to their native places.
(4) All States and Union Territories shall also give details of
all schemes which are current in the State, benefit of
which can be taken by the migrant labourers including
different schemes for providing employment.
(5) The State shall establish counselling centres, help desk
at block and district level to provide all necessary
information regarding schemes of the Government and
to extend helping hand to migrant labourers to identify
avenues of employment and benefits which can be
availed by them under the different schemes.
(6) The details of all migrant labourers, who have reached
their native places, shall be maintained with details of
their skill, nature of employment, earlier place of
employment. The list of migrant labourers shall be
maintained village wise, block wise and district wise to
facilitate the administration to extend benefit of different
schemes which may be applicable to such migrant
workers.
(7) The counselling centres, established, as directed above,
shall also provide necessary information by extending
helping hand to those migrant workers who have
returned to their native places and who want to return
to their places of employment.
(8) All concerned States/UTs to consider withdrawal of
prosecution/complaints under Section 51 of Disaster
Management Act and other related offences lodged
against the migrant labourers who alleged to have
violated measures of Lockdown by moving on roads
during the period of Lockdown enforced under Disaster
Management Act, 2005."
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6. In pursuance of our directions dated 09.06.2020, all States/
Union Territories took steps and within a short period, migrant labourers
were transported to their native places. On 31.07.2020, the matter was
again heard. We, in our order dated 09.06.2020, had referred to following
three enactments:-
i)
Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service)Act, 1979;
ii)
Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996; and
iii)
Unorganized Workers' Social Security Act, 2008.
7. We had directed all the States to file their response in respect
to implementation of the aforesaid three enactments. On 31.07.2020,
we further granted three weeks' time to the States to file affidavit in
compliance to order dated 09.06.2020. In pursuance of our orders dated
09.06.2020 and 31.07.2020, Central Government, States and Union
Territories took various measures to implement the orders of this Court
and to remedy the grievances of the migrant labourers. The measures
taken by different Governments although could not fully ameliorate the
conditions of the migrant labourers but brought some solace in the first
wave of pandemic and willing migrant labourers reached their native
places. It has also been submitted that after few months, large number
of migrant labourers again proceeded to their work place in search of
employment since at their native place, they were not able to get suitable
employment to sustain themselves.
8. The Covid-19, which was declared pandemic by World Health
Organisation on 30th January, 2020 continues even today. The intensity
of the pandemic varied from time to time, after March, 2021, the second
wave of pandemic hit the country and the number of cases started
increasing throughout the country. The different States including NCT
Delhi took different measures including restrictions, night curfews and
lockdown in April, 2021. There has been the migrant workers working
at several places including NCT Delhi, State of Maharashtra, State of
Gujarat, State of Karnataka, who again started proceeding to their native
places fearing the same situation which occurred in first nationwide
lockdown, which was imposed in March, 2020. An I.A. No.58769 of
2021 was filed in the writ petition seeking directions from the Court
specifically praying for direction to distribute dry ration to migrant
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workers, facilitating their transport either by road or by train to their
native places and with request to direct for running of community kitchen
for migrant labourers so that they and their family members could get
two meals a day.
9. On 13.05.2021, we while entertaining the petition and asking
the few States for reply, issued following interim directions:-
"[2.0] After having heard learned counsel for the parties we direct
the Central Government as well as the Government of State of
NCT of Delhi, State of U.P. and State of Haryana (for the Districts
included in the NCR) to file a reply to the application suggesting
means and measures by which they shall ameliorate miseries of
stranded migrant labourers. We also issue notice on the application
to State of Maharashtra, State of Gujarat and State of Bihar to
file their reply giving the details of the measures which they
propose to take to ameliorate the miseries of migrant workers
regarding transportation of stranded migrant workers and providing
dry ration as well as cooked meals to the stranded migrant workers.
In the meantime, 7 we issue following interim directions:
(1) Dry ration to migrant workers in National Capital Region
under Atma Nirbhar Bharat Scheme or any other scheme be
provided by the Union of India, NCT of Delhi, State of U.P.
and State of Haryana utilising the Public Distribution System
prevalent in each State with effect from May, 2021. While
providing dry ration the authorities of the States shall not insist
on an identity card for those migrant labourers who do not
possess for the time being and on self-declaration made by the
stranded migrant labourers dry ration be given to them.
(2) NCT of Delhi, State of U.P. and State of Haryana (for the
Districts included in the NCR) shall ensure that adequate
transport is provided to stranded migrant labourers (in the
National Capital Region) who want to return to their home.
The District Administration in coordination with Police
Administration may identify such stranded migrant labourers
and facilitate their transport either by road transport or train.
The Union of India may also issue necessary instructions to
Ministry of Railways to take necessary and adequate measures
to cater the need of migrant labourers.
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(3) NCT of Delhi, State of U.P. and State of Haryana (for the
Districts included in the NCR) shall open community kitchen
at welladvertised places (in the National Capital Region) for
stranded migrant labourers so that they and their family
members who are stranded could get two meals a day."
10. Subsequent to the order dated 13.05.2021, the matter was
again heard by this Court on 24.05.2021 and in paragraphs 14 and 15,
we had made following directions:-
"14. The Union of India in its letter dated 26.04.2020, which has
been brought on record as Annexure R-14 has also stated that
efforts should be made by States/Union Territories to encourage
migrant NFSA beneficiaries to use the facility of portability under
One Nation One Ration Card (ONORC) to those migrants.
15. We, thus, direct that migrant workers wherever stranded
throughout the country should be provided the dry ration under
the Atma Nirbhar Scheme or any other scheme is found suitable
by the States/Centre."
11. The writ petition again came for hearing before this Court on
11.06.2021, on which day, after hearing learned counsel for the parties
including learned counsel for the intervenors, we closed the hearing.
12. We have heard Shri Tushar Mehta, learned Solicitor General
for India, Shri Dushyant Dave and Shri Colin Gonsalves, learned senior
counsel for applicants. We have also heard learned counsel for the
different States/Union Territories.
13. According to survey carried out by National Statistics Office
(NSO) in 2017-2018, there are around 38 crores workers engaged in the
unorganized sectors.