[Migrant crisis] Central government did excellent work during Covid but the work must reach people: Supreme Court

The Supreme Court on Tuesday opined that even though the Central government's efforts to provide food ration to migrant workers during the COVID-19 pandemic was commendable, efforts must still be made to ensure that the rations actually reach the needy [In Re Problems and Miseries of Migrant Workers].

A bench of Justices MR Shah and Hima Kohli stressed on the importance of taking further steps to ensure that no one goes to bed on an empty stomach.

"The centre did excellent work during Covid. I am not saying you are not doing anything. But the work must reach the people. It is our culture that no one goes to bed on an empty stomach," Justice Shah orally remarked.

The remarks came after advocate Prashant Bhushan pointed out to the bench that India's position in the Global Hunger Index is currently at 117 (out of 121) and that 31% children in the country are malnourished.

The apex court was considering a suo motu case initiated by it to address the issues affecting the welfare of migrant labourers in the midst of the initial waves of the COVID-19 pandemic.

In June 2021, the Court had directed the Central government to develop a web portal in consultation with National Informatics Centre (NIC) to register unorganized and migrant workers.

Subsequently, in August 2021, the e-Shram portal, national database of workers in the unorganised sector, was unveiled.

In its 2021 judgment, the top court had issued the following directions as well:

- All state governments to formulate schemes to provide dry rations to all migrant workers who do not possess ration cards till such time the COVID 19 pandemic is on. Central government to allocate grains to states for the schemes.

- Community kitchens to be run by all states and continue till pandemic is on.

- Central government to undertake exercise to re-determine the total coverage under National Food Security Act for giving ration cards. This will benefit large number of persons as more than 10 years have elapsed since the state-wise coverage was determined.

- All states to implement one nation one ration scheme.

- Centre and states to complete registration of all migrant workers and those in unorganised sector by December 2021.

The bench's main focus during today's hearing was on the manner in which the Centre intends to use the e-Shram portal to identify and distribute food grains to those eligible under the National Food Security Act.

Additional Solicitor General for India Aishwarya Bhati informed the top court that nearly 28 crore persons have registered on e-Shram.

However, Bhushan told the Court that 94% of all those who are registered on the portal earn less than ₹10,000 per month. A large percentage of them do not have ration cards, he added.

At this juncture, Justice Shah asked the ASG,

"Suppose 24 cr have registered, have you verified if all of them have ration card? Suppose these migrants under National Food Security Act want the benefit and they are entitled to getting food grains under Public Distribution System, how are you going to manage it?"

Bhushan then suggested that the government could link the Aadhaar to the e-Shram profile and then find out how many of the workers possess ration cards. The bench said it would consider the suggestion at the next hearing.

The bench further noticed from the affidavit filed by the Central government that the level of progress achieved by various States in registering migrant workers, was disparate.

"Many states are yet to achieve the targets but some States have done very well with E-Shram registrations," the bench recorded in its order.

It then directed the ASG to file a fresh affidavit with more up to date charts of State-wise registration and posted the matter for further hearing on December 15.

[Read live coverage of our hearing today]