A Long Road For Migrant Workers

Context: The guidelines laid down by the Supreme Court are welcome, but they require robust systems.

Takeaways from Supreme Court judgment in migrant labourer’s case

  • Food arrangements: Dry ration be provided to migrants who want to return to their homes and identity proof not to be insisted upon.
    • Directed State governments to run community kitchens for migrant workers: Difficult to implement as migrants keep on moving and the state lacks adequate infrastructure.
    • Court affirmed Right to Food under Article 21 of the Constitution: Stressed importance of National Food Security Act and Atmanirbhar Bharat scheme, during pandemic.
    • Deadline to implement ‘One nation One Ration Care’ scheme: States are to complete registration of migrant workers in order to provide dry ration by July 31.
  • Travel arrangements: Court called upon State governments to arrange transportation for workers who need to return to their homes.
  • Acknowledging gap in data: Court directed the Ministry of Labour and Employment to ensure that National Database for Unorganised Workers is updated by July 31.
  • Recognised need for direct cash benefit transfer to workers in the unorganised sector: Though Court did not issue any guidelines for the same.

Conclusion: Supreme Court has given a purposive declaration in the case but the bulk of the judgment seems declaratory rather than mandatory

  • In order to efficaciously implement orders of court, State governments need to work with the Centre closely.