Article 21 of the Constitution guarantees that every human being has the right to live with dignity including access to the minimum requirements of existence: Supreme Court

In the case Re: Problems and Miseries of Migrant Labourers on Tuesday (29th June 2021), the Supreme Court directed all states to execute the “One Nation, One Ration Card” system and to operate community kitchens for migrants. The two-judge bench of Justices Ashok Bhushan and MR Shah, stated that it is the obligation of all states and governments to provide food security for the vulnerable.

The Court observed that:

• Our Constitution mandates that ownership and control of the community’s material resources be used to promote the welfare of the country by ensuring social and economic justice for the less fortunate, in way to serve the common good by reducing income inequality and attempting to eradicate status disparities.

• Article 21 of the Constitution guarantees that every human being has the right to live a dignified life with access to the minimum essentials of existence. All States and Governments have a legal obligation to ensure food security to the poor.

The court gave the following directions:

1. It is mandated that the Central Government, in cooperation with the National Informatics Centre (NIC), establish a portal for the registration of unorganised migrant workers.

2. It is mandated that the Central Government’s Department of Food and Public Distribution (Ministry of Consumer Affairs, Food and Public Distribution) distribute and supply food grains in response to States requests for more food grains for migratory labourers.

3. The States to put in place a comprehensive strategy for distributing dry rations to migratory labourers, for which States may request additional food grains from the Central Government, which will supply the additional food grains to the States.

4. States that have not yet adopted the “One Nation, One Ration Card” scheme are required to do so no later than July 31, 2021.

5. Under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, all States/Union Territories must register all establishments and licence all contractors, and guarantee that the legislative requirement imposed on contractors to provide details of migrant workers is properly met.

6. The State/Union Territories have been directed to build community kitchens in key places where a high number of migrant labourers can be located in order to feed those migrant labourers who do not have enough money to buy two meals a day.