The Supreme Court on Tuesday gave ultimatum to Chhattisgarh, West Bengal, Assam and Delhi to implement One Nation One Ration Card by July 31.
The bench comprising justices Ashok Bhushan and MR Shah also ordered a slew of measures for the migrant and unorganised labourers suffering after Covid-19 lockdown.
The judgment also slammed Centre for “unpardonable”, “apathy and lackadaisical attitude” towards creating National Database for Unorganised Workers (NDUW) and ordered its commencement by July 31 so that all migrant workers are registered this year and welfare measures extended to them during Covid distress.
Data base has to be prepared by December 31, said the apex court, noting that already Rs 417 crore has been allotted.
The Centre pointed out that Chhattisgarh, West Bengal, Assam and Delhi have not implemented the One Nation One Ration Card scheme which helps in availing free ration at the place of work.
“The States which have not yet implemented One Nation One Ration Card scheme are directed to implement the same by not later than July 31,” said the 80-page judgment criticising the Centre and States for apathy and delays in implementing welfare measures to migrant and unorganised labours during the pandemic.
The top court referred to its order of August 21, 2018, directing the Ministry of Labour to make available a module to States and UTs for the registration of unorganised workers and said the stand taken by the Centre “does not commend us”.
“When the unorganised 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 finalised and implemented looking to the pandemic and dire need of unorganised workers to receive the benefit.
“The attitude of Ministry of Labour and Employment in not completing the module 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,” it said. The bench also directed the labour secretary to ensure that NDUW portal is finalised and implementation of the portal commences on or before July 31 and sought a compliance report within a month thereafter.
The apex court directed the department of Food and Public Distribution to “allocate and distribute foodgrains as per demand of additional food-grains from the States for disbursement of dry food grains to migrant labourers.”
“We direct 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...Shall provide the additional food grains to the State,” it ordered, adding that it has to be brought by July 31 and may be continued till the current pandemic exists.
The Judgment also directed States and Union Territories to run community kitchens at prominent places for feeding those who do not have sufficient means. The top court referred to the worldwide awareness over the right to food of human beings and said that the fundamental right to life under Article 21 may include this right as well.
“There has been worldwide awareness regarding right to food to human being. Our country is no exception. Lately, all Governments have been taking steps and taking measures to ensure that no human being should be affected by hunger and no one dies out of hunger. The basic concept of food security globally is to ensure that all people, at all times, should get access to the basic food for their active and healthy life.
“The Constitution of India does not have any explicit provision regarding right to food. The fundamental right to life enshrined in Article 21 of the Constitution may be interpreted to include right to live with human dignity, which may include the right to food and other basic necessities,” it said.