The Supreme Court on Tuesday directed the Union of India and all state governments to file a status report regarding the 28.55 crore migrants and unorganised workers, who were registered on the E-Shram portal, on whether they were having ration cards and whether all of them were given the benefit of food under the National Food Security Act.
The Bench of Justice M. R. Shah and B. V. Nagarathna directed both the Central government as well as all state governments to remain present on the next date of hearing in the case related to migrant workers and unorganised workers.
Noting that out of estimated 30.37 crore migrants to be registered on e-Shram portal, 28.55 crore have already registered on the portal, the Bench observed that at least those 28.55 crore migrants should be entitled to the benevolent schemes of the Central government and the concerned state governments and also under the National Food Security Act.
It said once the migrants and unorganised workers had registered on e-Shram portal, it was the responsibility of the Union of India and the concerned states to ensure that all the benefits and schemes meant for such people reached them.
The data collected on e-shram portal should be used for the betterment of migrants and unorganised workers, added the top court of the country.
Stating that mere registration on portal was not enough, the Apex Court told the Centre that it was also the government’s duty to ensure that the benefits of its benevolent schemes reach the poorest of the poor.
The Bench told Additional Solicitor General Aishwarya Bhati, who appeared for the Centre, that it was not interested in sharing of data between the states and the Centre, but in the migrants, whether skilled or unskilled, getting the benefit of schemes meant for them.
Noting that the government should reach every migrant, first of all the ones who were already registered on the portal, the Court asked the Centre about the mechanism set up at the taluka, district and state level for the same.
A petition was filed in the Apex Court 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 on ration, community kitchens (in re problems of migrant workers case). Senior Advocate C.U. Singh appeared for the applicants today.
The ASG submitted that the onus to implement the Central schemes was on the state governments, while the funds were provided by the Union of India.
She said data sharing was critical because even for the Central schemes, though money was given by the Central government, the execution was through the state governments.
The Centre asked the states to share data in October, 2022. Only Haryana had so far submitted the data, added the ASG.
The Apex Court then told the Union government to share the data collected on e-shram portal with the concerned states.
Stating that it cannot issue directions unless all State Counsels were present, the top court of the country summoned the Advocates of all state governments on the next date of hearing.