Thread by @barandbench

[Suo Motu Migrant Crisis]

Supreme Court to shortly resume hearing an urgent application moved in the #suomotu case concerning #migrants to ensure they are not deprived of ration & food, and don't face difficulty in travelling back home (if they do)

#SupremeCourt @pbhushan1

#SupremeCourt in its last order had directed Delhi, Haryana and UP govts to provide dry ration and adequate transport for the #migrant workers @ArvindKejriwal
@myogiadityanath
@mlkhattar

barandbench.com/news/litigatio…

Justice Ashok Bhushan: We received the affidavit just a while back

Justice MR Shah: the reply was supposed to be filed yesterday. how will we be in a position to read. our orders are required to be implemented

ASG Aishwarya Bhati: I apologise with folded hands

Justice Shah: we will consider it

Justice Bhushan: Delhi, Haryana, Odisha, Maharashtra has filed affidavits

Advocate Prashant Bhushan: one part of your order was providing dry ration, cooked meals, transportation and registration. One important thing which was not taken up earlier was cash transfer

Justice Bhushan: we said that was about policy of the states

@pbhushan1 : Yes that is our prayer, you did not direct it. one unfortunate thing which emerges from all affidavits and the centres reply is that atmanirbhar scheme has not been restarted like last year where 5 kg wheat 1 kilo dal was to be given to everybody irrespective of ID.

Bhushan: Union of India estimates that out of 8 crore, only 2.8 crore lifted the dry ration. Delhi govt says some scheme is being formulated for workers last year they provided for 60 lakh workers but now they say they are working to provide 20 lakh workers
@pbhushan1

Bhushan: regarding cooked food, delhi govt say they are providing cooked foods at 200 odd places even though last time they had provided at all govt schools which was about 2500 places.

Justice Bhushan: this time the situation is not as grave as last time

Bhushan: it is more grave than last time, and health crisis is much more severe. Azim premji university has estimated that 24 crore more people have been pushed below the poverty line. people are dying and not able to access anything
#supremecourt

Bhushan: regarding transport most of the people who had to go has gone away. regarding cash transfer, centre and delhi govt says they did cash transfer of 1,000 to 6,000 to construction workers. But such workers are small part of migrant workers. others are like rickshaw pullers

Bhushan: there are street vendors too who are in dire state and thus they need cash transfer. this will kickstart the economy too. Our growth is now -20%.

Justice Bhushan: we have to find out what stepas have been taken in pursuance to our last orders.

Bhushan: the scheme can start with those who are already known and registered. your order is 1 year old and its been a year that a portal has not been developed to register workers

Justice Bhushan: process of registration is slow and we are not happy with the progress. we will issue directions in this regard

#supremecourt

Adv Rakesh Dahiya appears for an intervenor: my client works for the welfare of the contract workers

SC: Contractors don't take any step to register the workers. registration ought to have taken place but it was not done. workers are themselves not able to do so.

SC: Union labour ministry had mentioned a registration process in module for states. work is on that. first step should be to register all unorganised workers of the country

Justice Shah: there must be proper identification, registration and then implementation

Adv Bhushan: they should be allowed to self identify themselves since centre is not doing anything

Dahiya: one of our prayer is that cash transfer announced by Delhi govt should be adopted by other states

Justice Shah: that depends on the policy of each state

SG Mehta: Our affidavit was filed late and it will be seen we have complied with everything. The petitioners should have seen it and this is what happens when plea is filed without home work

#SupremeCourt

Justice Bhushan: in pursuance of our order dated 2018, Labour ministry had started the process to register unorganised workers and collate data in that regard. Centre is supervising and this process should be

Justice Bhushan: completed and this registration should be on all India basis and the data should be national data of unorganised workers

SG: We will speak to Gujarat government and get the files

SC: Schemes can only be extended when the workers are registered, we will issue directions in this case so that the process of registration is completed.

SG: Before you direct, can we seek instructions

SC: directions already there, it was in 2018

Senior Adv Colin Gonsalves: this order was made in my case. a submission was made that a modern smart card was formulated for such workers

SC: that's why we are asking the process to be completed so that benefits can be given

SG: Before direction, let me find out the current status

Justice Bhushan: Mr. Mehta, govt had issued a code of socials security in 2020 which repealed the 2008 unorganized workers act. under 2020 law, registration of unorganised workers is there as per Section 100 of the new law. All different sections are notified.

Justice Bhushan: The data collated by labour ministry can be used for this act too.

SG: yes yes it will be helpful

Justice Shah: the govt must speak to the concerned needy person. there is no reference to registration in your affidavit. please file a detailed reply

Senior Adv Maninder Singh for Gujarat

Justice Shah: Look at the Gujarat affidavit, when are you implementing the new model

Singh: online registration is in process , three months needed to launch it

Singh: online registration by workers themselves is by a modification in the existing software. it will be launched soon

Justice Shah: how will the down trodden workers access online registration? govt has to reach to them

Singh: we will seek instructions so that even for online they are facilitated properly

Justice Shah: you are saying contractors are not cooperating, then it that case you have to reach out to them

Justice Bhushan: you can consider cancelling the license of employers

Justice Shah: They need to be compelled to act

Singh reads the affidavit: there is a new portal in the work which will provide real time data. i will take instructions on how to improve the efficiency of the portal

Justice Shah: schemes are there but who will monitor it. you have nodal officers. but is the nodal officer reporting and reporting to whom

Justice Bhushan: there needs to be some supervising authority to see that the help is reaching the needy

Justice Shah: on paper, we have government is spending thousands of crores. but is it reaching the concerned person

AAG UP Garima Prashad: Registration for migrants online has started in UP since last year. migrants are taking to shelters where they undergo RT PCR tests. then they are registered in google sheets. they undergo three tier registration process

SG Mehta: identification and registration is prime concern

Gonsalves: in 2018 order Centre told smart card module for entire country was ready and by December 2018 it would be ready for the country

Justice Bhushan: We have already asked for a status report

Justice Shah: Like oxygen audit, the help should reach the needy that is our anxiety

Justice Bhushan: what we need is a national database with which all details of unorganised workers are found. that process should be completed with collaboration of states

Justice Shah: you say you given benefits to only the registered workers

Singh: we have a policy to even given benefits to unregistered ones

Justice Shah: substance of your affidavit that only registered ones with BOCW board will get benefits

Adv Mohit Paul appears for NHRC: we had given some recommendations

Justice bhushan: this is already a part of our earlier order

Paul: please have our IA, we have given some long term measures

Senior Adv Ranjit Kumar for Bihar: We have already an operational scheme where we are registering unorganised workers where 1.6 lakhs workers are already registered.

Justice Bhushan: our anxiety is schemes are there but they are not getting the benefit as they are not properly registered

Justice bhushan: we need all the figures on the national database

Kumar: any data that is required from us will be made available. its all available now as on today

Justice Shah: the workers in Bihar can be 20 lakhs too. 2 lakhs cannot be migrants in Bihar in totality

Senior Adv Kumar: 2 lakhs is only unorganised workers. 18 lakhs of total migrants was registered

Justice Shah: our order is about all migrants which includes the unorganised workers too

Justice Bhushan: another complain is that atmanirbhar scheme has not been restarted for the migrants

Kumar: In Bihar it has started and in June also we are providing free grains to the workers

Bhushan: It was last year

Kumar: it's in 2021, please read our reply

Justice Bhushan: migrant workers are not covered under the National Food Security Act and thus that para you are citing will not be available

Justice Shah: all states file a reply by next date that all migrant workers and unorgansied workers too are being given atmanirbhar scheme benefit

Adv Ashok Parija, AG Odisha: we will file an affidavit on the three points cited now by the bench

AAG Jharkhand Tapesh Kumar Singh raises the issue of COVID19 vaccination for migrant workers

Justice Bhushan: but it is not before us

ASG Bhati: this issue is there before us in the other Suo Motu matter

Justice Bhushan to Centre: we will give time to file a better affidavit so that we know more details about the registration. we will issue directions

Adv Bhushan: registration has not even started and there is no portal too

Justice Shah: we cannot say they have not done anything, they are making a new portal

Adv Bhushan: will the relief to migrant workers await the registration now as they are destitute. You had earlier ordered that while providing dry ration ID cards will not be asked for. But this is not being done by any state so far.

Bhushan: Centres affidavit says atmanirbhar scheme was last year announced for 8 crore workers. but the states took up for 2.8 crore people. thus 2.8 crore was identified. it cannot be that dry ration will not be provided on the basis of self identification

Justice Bhushan: we are inclined to give direction to all states to provide dry ration and community kitchen for migrants without insisting on the ID and on the basis of self-identification

@pbhushan1 : Please ask what states are doing for cash transfers

ASG Bhati: the situation of earlier lockdown and now is different, there are limited and restricted lockdowns now

Justice Shah: mentality and psychology of migrants to go to their native places remain the same. it cannot be said that they don't require help

ASG Bhati: We have given distress calls and reliefs. For dry food, adequate food is being supplied. Ready cooked meals will be the responsibility of the State.

Justice Shah: file a better counter on the atmanirbhar aspect

Justice Bhushan: someone who does not have a ration card to whom how will you give the benefit.

Order to be uploaded later. Matter over

#SupremeCourt