‘Hungry Cannot Wait’: SC Sets Nov 19 Deadline for Ration Cards to Migrant Workers

On October 4, the Supreme Court has issued a stern warning to the Centre and State Governments to implement its directives regarding migrant workers’ ration cards. A division bench comprising of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made it clear that the court has “lost its patience” with the delays in providing ration cards to migrant workers.

Justice Ahsanuddin Amanullah emphasized the urgency of the situation, stating, “Hungry cannot wait”. The bench has also directed states to file an affidavit detailing the identification of eligible persons who have yet to receive ration cards.

The bench in its order directed that “all such persons who are eligible (entitled for Ration Cards/ food grains as per the NFSA) and have been identified as such by the respective States/Union Territories, must be issued Ration Cards before 19.11.2024. They shall also be provided with the food grains forthwith.”

However, the bench restrained itself from issuing contempt notices and granted last chance to the Central and State Governments to comply with its direction issued in this regard and the previous order of the court.

Background and Importance of the Case

In year 2020, when nation-wide lockdown was imposed due to Covid-19 on March 25, 2020, the Supreme Court of India took suo-moto cognizance on May 26, 2020 over the problems and miseries of Migrant Labours who were stranded in different part of the country. In which the three-judge bench, consisting Justices Ashok Bhushan, Sanjay Kishan Kaul and M.R expressed their concern with the lack of food and water provided by the administration while they are stranded or traveling along highways. While taking cognizance over the crisis of migrant labourers during the situation of lockdown, the bench directed the Centre and State Governments to provide adequate arrangements, immediately food and shelters free of costs to the migrant workers affected and issued notice to the Union and all the States to submit their response.

Later, the suo moto proceedings before the Supreme Court has been expanded to provide Ration Cards to migrant and unorganised labourers, who are registered in the e-Sharm portal of the Government of India but do not have ration cards and to those not covered under the NFSA on grounds that the right to food is protected under Article 21.

On June 29, 2021, the division bench of Justices Ashok Bhushan and M.R. Shah while disposing the suo moto petition “ In Re Problems and Miseries of Migrant Labourers”, underscored that the Right to Life as guaranteed by Article 21 of the Constitution and gives right to every human being to live a life of dignity with access to at-least the bare necessities of life and to provide food security to impoverished persons is the bounden duty of all States and Governments.

The concern regarding no-supply of dry ration to large section of migrant workers, who are not covered under the National Food Security Act, 2013 and who do not possess a ration card, raised by the intervenor, Advocate Prashant Bhushan before the Court. Following this, the bench through its judgement dated June 29, 2021 directed the Centre and States government to provide dry ration to those who have been identified as beneficiary under National Food Security Act, 2013 as per the Centre and States’ Schemes. The bench also stated that 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”.

The bench issued the following eight directions to the Centre and States governments: –

1. Direction to the Central Government to develop the portal in consultation with National Information Centre (NIC) for registration of the unorganized labours/migrant workers and the process of registration of the unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021.
2. Directed the Central Government, Department of Food and Public Distribution (Ministry of Consumer Affairs, Food and Public Distribution) to allocate and distribute food grains as per demand of additional food-grains from the States for disbursement of dry food grains to migrant labourers.
3. Directed the States 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 food grains from the Central Government, which, as directed above, shall provide the additional food grains to the State.
4. The State who have not yet implemented “One Nation One Ration Card” Scheme are directed to implement the same before 31.07.2021.
5. The Central Government may undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered under the Rural and Urban areas of the State.
6. All the States/Union Territories to register all establishments and license all contractors under the Act, 1979 and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.
7. The State/Union Territories are directed to run community kitchens at prominent places where large number of migrant labourers are found for feeding those migrant labourers who does not have sufficient means to procure two meals a day. The running of the community kitchen should be continued at-least till pandemic (Covid-19) continues. (Para 80 of the Supreme Court judgement dated June 29, 2021)

Subsequent SC Orders

On April 18, 2022, the division bench of Justices M. R. Shah and B. V. Nagarathna directed the Union government to file a compliance report on the directions passed on June 29, 2021. Subsequently, the same bench on July 21, 2022 asked the Union to come out with a scheme/policy to ensure that the benefits under the NFSA are not restricted as per the 2011 census as the right to food is a fundamental right and restricting anyone would cause injustice. The bench observed that NFSA scope requires to be re-determined and asked the Central Government to take appropriate steps to remedy the situation

In January 2023, the same bench revisited the matter and while hearing the Miscellaneous Application No. 94/2022 in SMW(C) No. 6/2020 filed by activists Harsh Mander, Anjali Bharadwaj and Jagdeep Chhokar alleging non-compliance by Union and certain States with the Court’s directions issued in 2021, to provide dry ration, open community kitchens for migrant workers stranded in NCR, the bench directed the Union and State governments to inform whether the 28.60 crores migrants/unorganised workers registered on the E-Shram portal are having the ration cards? And whether all of them are given the benefit of food under the NFSA?

Subsequently, On April 20, 2023, the division bench of Justices M.R. Shah and Ahsanuddin Amanullah on the basis of the information provided by the Union, observed that 28.60 crores migrants/unorganized workers are registered on the e-Shram portal which is a commendable job. However, out of 28.60 registrants on e-Shram 20.63 crores are registered on ration card data. Meaning thereby, the rest registrants on e-Shram are still without ration cards. Without the ration card a migrant/unorganized labourer or his family members may be deprived of the benefit of the schemes and may be the benefit under the National Food Security Act. The bench directed state governments to grant ration cards to migrant or unorganized workers who do not have them but are registered on the centre’s e-Shram portal, within three months. This portal is primarily made for enrolment, registration, collection, and identification of the required data of all unorganized workers.

SC Directed to Issue Ration Cards in March 2024

On March 19, 2024, the bench of Justices Hima Kohli and Justice Ahsanuddin Amanullah directed the State Governments and Union Territories to grant ration cards to 8 crore workers within two months to the unorganised sector who, despite being registered under the centre’s e-Shram portal and do not have these ration cards. The bench added that at the e-KYC of all 8 crore ration cardholders that are required to be updated must not come in the way of the issuance of ration cards.

Subsequently, on September 2, 2024, the Supreme Court’s division bench of Justices C.T. Ravikumar and Sanjay Karol, directed the Additional Solicitor General, Aishwarya Bhati to file an affidavit with respect to the steps taken so far and to comply with the directions of the court in the main judgement passed on June 29, 2021 and the subsequent orders passed by the court. The bench further directed that this exercise shall be done within a period of three weeks.

Patience May be a Virtue, But Ours is Nearing its End: SC

The Supreme Court through its order dated October 10, 2024 has run out of patience with States that have failed to provide ration cards to migrant workers despite identification of number of beneficiaries. The bench expressed that “Patience may be a virtue – but ours is nearing its end”

In a stern warning, the court has given them a final deadline of November 19, 2024, to issue the Ration cards.  The bench directed that “for the States where in spite of identification, Ration Cards have not been issued on or before 19.11.2024, the concerned Secretary/IES (Food and Civil Supplies) shall remain present in person before this Court on the next date of hearing, to explain as to why Ration Cards have not been issued despite the identification, and in spite of repeated orders in this regard.”

“Why Ration Cards have not been issued despite the identification, and in spite of repeated orders in this regard?”

The bench further directed that if States fail to comply, the concerned secretaries of Food and Civil Supplies will have to appear in person before the court to explain the delay on the next hearing.

The matter is listed on 19.11.2024 for next hearing

However, the Supreme Court’s suo moto proceedings, initiated during the COVID-19 pandemic to provide rations to migrant workers, have now been expanded to cover migrant and unorganized labourers registered on the Government of India’s e-Shram portal who lack ration cards. This move also aims to benefit those not protected under the National Food Security Act (NFSA), based on the principle that the right to food is safeguarded by Article 21 of the Indian Constitution.

Now the issue revolves around the National Food Security Act (NFSA), which restricts the number of persons eligible for ration cards. However, the court has made it clear that the right to food is a fundamental right and should not be restricted.

The court’s directive emphasises that hungry individuals cannot wait, and it’s imperative to ensure food security for all, regardless of their eligibility under the NFSA. While underscoring the importance of the issue and the objective embedded under the National Food Security Act, the Supreme Court has ordered states to verify and provide ration cards to eligible migrant workers and unskilled labourers registered on the e-Shram portal. The Supreme Court’s suo motu action on issuing ration cards to migrant workers represents a significant step in safeguarding the right to food, as enshrined in Article 21 of the Constitution. By addressing the plight of those registered on the e-Shram portal but lacking access to essential resources, the Court underscores the government’s responsibility to protect vulnerable populations through judicial power.