The Supreme Court’s recent demand for a detailed affidavit from the Indian government regarding the implementation of its 2021 judgment on migrant worker welfare has brought the plight of this vulnerable population back into the spotlight. This landmark ruling, aimed at improving welfare measures for migrant workers, particularly regarding the provision of ration cards, has gained renewed significance in the wake of the COVID-19 pandemic’s devastating impact on this community.
A Call for Accountability: Court Seeks Compliance in Migrant Worker Welfare Case
The 2021 judgment and subsequent orders from the Supreme Court directed authorities to undertake various welfare measures, including providing ration cards to all migrant workers registered on the ‘e-Shram’ portal. The ‘e-Shram’ portal serves as a comprehensive National Database of Unorganized Workers (NDUW), designed to streamline the delivery of welfare benefits and social security measures to these workers. The court’s recent intervention underscores the pressing need for accountability and action to ensure these directives are implemented effectively.
A bench comprising Justices C.T. Ravikumar and Sanjay Karol directed the Union of India to file a detailed affidavit within three weeks, outlining the steps taken to comply with the June 29, 2021, judgment and subsequent orders. The affidavit must contain comprehensive information regarding the implementation of every directive issued. This directive reflects the court’s determination to hold the government responsible for upholding the rights and welfare of migrant workers.
The Supreme Court’s intervention stemmed from a suo motu case registered at the peak of the COVID-19 pandemic to safeguard the welfare of distressed migrant workers who were forced to leave major cities like Delhi during lockdowns. The pandemic exposed the precariousness of migrant workers’ lives, highlighting their lack of access to basic necessities and social security. The court’s ongoing scrutiny of this issue underscores the need for long-term solutions to address the systemic challenges faced by this community.
Tension in Court over Case Closure: A Reflection of the Ongoing Struggle
A heated exchange occurred between lawyer Prashant Bhushan and Justice Karol when the latter suggested closing the plea since the pandemic had subsided. Justice Karol proposed allowing individuals facing issues with ration card issuance to approach their respective high courts. This suggestion sparked a debate about the continued relevance of the case and the need for ongoing judicial oversight.
Mr. Bhushan objected strongly, arguing that the scope of the proceedings had expanded and closing the matter would violate judicial discipline. He emphasized the importance of addressing the systemic issues that contribute to the vulnerability of migrant workers, even beyond the immediate context of the pandemic. Justice Karol assured the lawyer that the court always hears both sides, prompting Mr. Bhushan to apologize for his outburst. This exchange highlights the complexities and sensitivities surrounding this issue, as well as the passionate advocacy on behalf of migrant workers.
Government’s Stance and Court’s Directive: A Test of Commitment
Additional Solicitor General Aishwarya Bhati, representing the Centre, stated that the government was providing ration to all eligible individuals under the National Food Security Act (NFSA). However, concerns remain about the adequacy and accessibility of these provisions, particularly for migrant workers who often face challenges in obtaining necessary documentation and navigating bureaucratic hurdles.
Following this, the bench instructed the Centre to submit an affidavit detailing compliance with the judgment and subsequent directives. This directive serves as a test of the government’s commitment to fulfilling its obligations towards migrant workers and implementing the necessary measures to ensure their welfare.
2021 Judgment: A Landmark Ruling with Far-Reaching Implications
The 2021 judgment criticized the Centre’s “apathy and lackadaisical attitude” toward creating the NDUW, ordering its launch by July 31, 2021. The goal was to register all migrant workers and ensure welfare measures reached them during the COVID-19 crisis. This ruling marked a significant step towards recognizing the rights and contributions of migrant workers and establishing a framework for their protection and support.
The Supreme Court mandated that states and Union Territories (UTs) formulate schemes to provide free dry ration to migrant workers until the pandemic’s end, with the Centre allocating additional food grains. The bench, then comprising Justices Ashok Bhushan and M.R. Shah, also directed states yet to implement the ‘One Nation One Ration Card’ scheme to do so. These directives aimed to address the immediate needs of migrant workers during the pandemic and provide a foundation for more comprehensive welfare measures in the long term.
Recent Developments and Challenges
Recent developments highlight the ongoing challenges faced by migrant workers in India. Despite some progress in implementing welfare measures, gaps remain in access to social security, healthcare, and decent working conditions. The COVID-19 pandemic has exacerbated these challenges, leading to widespread job losses, displacement, and increased vulnerability.
Several recent reports and studies shed light on the current situation of migrant workers. A report by the Centre for Monitoring Indian Economy (CMIE) revealed that the unemployment rate among migrant workers remains significantly higher than the national average. Another study by the International Labour Organization (ILO) found that migrant workers are disproportionately affected by precarious employment and informal work arrangements, leaving them with little protection or security.
The Way Forward: Building a More Inclusive and Resilient Future
The Supreme Court’s continued focus on this case underscores the ongoing need to protect and support migrant workers, who play a vital role in India’s economy. The court’s demand for an affidavit from the government signals its determination to ensure that the 2021 judgment’s directives are implemented effectively, providing much-needed relief and security to this vulnerable population.
Addressing the challenges faced by migrant workers requires a multi-pronged approach that includes:
- Strengthening social protection: Expanding access to social security schemes, including health insurance, pension, and unemployment benefits, is crucial for ensuring the well-being of migrant workers and their families.
- Improving working conditions: Enforcing labor laws, promoting fair wages, and ensuring safe and healthy working environments are essential for protecting the rights and dignity of migrant workers.
- Enhancing access to basic services: Providing affordable housing, education, and healthcare to migrant workers and their families is vital for their overall development and integration into society.
- Promoting financial inclusion: Facilitating access to banking and financial services can help migrant workers save money, invest in their future, and build resilience against economic shocks.
- Empowering migrant workers: Providing information, training, and legal aid can help migrant workers understand their rights, navigate bureaucratic systems, and advocate for their needs.
The government, civil society organizations, and the private sector all have a role to play in creating a more inclusive and resilient future for migrant workers. By working together, we can ensure that this vital segment of our population is not left behind in India’s journey towards progress and development.
Conclusion: Ensuring Migrant Worker Welfare Remains a Priority
Despite the pandemic’s end, the Supreme Court’s continued focus on this case underscores the ongoing need to protect and support migrant workers, who play a vital role in India’s economy. The court’s demand for an affidavit from the government signals its determination to ensure that the 2021 judgment’s directives are implemented effectively, providing much-needed relief and security to this vulnerable population.
The court’s firm stance sends a clear message: the welfare of migrant workers must remain a priority, even in the absence of a national crisis. By upholding the rights and dignity of migrant workers, we can build a more just and equitable society for all.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
