SC raps states for delay in issuing ration cards to migrant workers

The Supreme Court on Friday cracked the whip on states and Union territories failing to provide migrant workers with ration cards and directed the respective secretaries of food and civil supplies to ensure the same is done within six weeks or remain personally present before the court.

The order was passed after the court was informed that despite several deadlines set by the court asking states and UTs to provide ration cards to migrant workers registered on e-Shram portal, most states were still in the process of verifying the identities and those identified had not been issued ration cards.

The bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah said, “How long does it take for issuing ration cards? We are giving you one last window to comply with our order or your secretary will remain present.”

“We have lost our patience. Our interest is to see that ration is provided to the poor. We are making it very clear that there will no further indulgence in this regard,” the bench said while posting the matter for November 19.

“Such states where identification is done and ration card is not issued shall file affidavit before this court giving reasons why it is not done in the presence of the concerned secretary,” the bench said.

Additional solicitor general (ASG) Aishwarya Bhati appearing for Centre said that accountability has to be fixed on states as they have to conduct verification before identifying eligible persons under the Food Safety Act.

“Showing Centre in bad light is not correct. If states ask us, we will provide it forthwith after working out any anomalies,” she said.

The court asked Centre, “Is this the seriousness you have in a matter that concerns the plight of the poor people or is the issue not important for you.”

It also directed states: “Those who have been issued ration cards should be provided with ration (foodgrains) based on allocation and distribution...In case you fail to do it by the next date, the secretary (Labour or Food and Civil Supplies) or whichever is the department concerned will be present and explain why ration cards have not been issued to eligible persons.”

The order of the court was passed in a suo motu petition on “Problems and Miseries of Migrant Workers” where responses received from states showed a huge gap between the number of registered workers on e-Shram, the verification done by states and actual number of ration card holders.

Advocate Prashant Bhushan, who represented a group of civil society members who had filed an application to ensure all registered migrant workers get ration cards, pointed out that in April last year, the top court had directed all states/UTs to ensure all workers registered on the Labour ministry portal are provided with ration cards. This was followed by two orders passed this year but the states were delaying the process to deny foodgrains to the needy.

Bhushan told the court that on July 16, a similar order was passed by the court directing all states and UTs to complete this exercise within four weeks and no further time should be given.

“At least for those eligible persons entitled for ration cards, let them issue it by the next date or their secretary will be present. If they comply, they need not be there. We also do not want them to be present,” the court remarked.

According to figures submitted by the Centre earlier, of the 288 million labourers registered on the portal, nearly 80 million do not have ration cards.