‘Hungry Cannot Wait’: Supreme Court gives last chance to Union/States to implement directions on migrant workers' ration cards

05/10/2024

NEW DELHI, Oct 4: The Supreme Court today (October 4) restrained itself from issuing contempt notices and granted one last window to the Union and the States to comply with the orders of the Court to verify and give ration cards to those migrant workers and unskilled labourers found eligible under the e-Shram portal and also to those already verified, irrespective of States upper ceiling of food distribution under the National Food Security Act, 2013 (NFSA).
The Court said that failing to comply with this order would force it to call the Secretary of Food or concerned authority from States to explain the reason for non-compliance. It has directed States to file an affidavit where identification of eligible persons has been done but are yet to be ration card.
Although the suo moto proceedings were initiated during COVID to grant rations to migrant workers, the scope of the proceedings 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.
As per this, the States were directed to find out the number of migrants and unskilled labourers eligible for the ration cards including those who have become ineligible subsequently. Those eligible were to be verified through KYC and were to be registered under the e-Shram portal to receive ration cards and ration.
On the last proceedings, it directed the Additional Solicitor General, Aishwarya Bhati to file a comprehensive affidavit on behalf of the Union on compliance made so far.
Intervenor, Advocate Prashant Bhushan today submitted that the Union is not complying with the orders of the Court and is taking shelter of Section 9 of the NSFA, which prescribes an upper ceiling. He stated that this goes against the orders of the Court which stated that those registered under the e-Shram portal should be given a ration irrespective of any consideration.
As per Section 9, 50 percent of the urban population and 75 percent rural population shall be given ration cards appropriately. Bhushan informed the Court that Union is refusing to give additional rations to States that have verified an additional number of persons to be given ration cards on grounds that their food quota has reached the upper ceiling.
Bhushan read out the recent affidavit filed by Union. As per the affidavit, the Union has stated that a situation may arise where giving additional ration would exceed the mandated sanctioned limit of food grain.
Pursuant to the orders of the Court, many States have sought additional allotment of food grains which may go beyond the ceiling prescribed under Section 9.
In contrast to this, Bhati stated that providing ration cards is a dynamic exercise because it has to be a continuous process which also requires weeding out those who have become ineligible. She added that many anomalies were found during the process of verifying which needs to be worked out.
Justice Dhulia while considering the argument of Section 9 taken by the Union, briefly remarked that Section 9 would not restrict giving ration beyond the limit prescribed under the Act.
Bhushan submitted a chart to the Court with the data of all States. As per the data on Karnataka, 1.45 lacs were found eligible for ration cards. However, ration cards have only been issued to 13,945 persons.
The Court sought answers from the counsel representing the State of Karnataka and was answered that the State is in the process of issuing to others. However, Justice Justice Ahsanuddin Amanullah, unconvinced with the answer, orally remarked: "Oh, so your process will take another one year? For your process, they will go hungry? For one year, they are supposed to wait for your food? Will be impose strict action. We are issuing notice of contempt."
Justice Amanullah added: "Hungry cannot wait."

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