The Supreme Court, on March 19 directed that ration cards must be issued to eight crore migrant/unorganised sector workers within two months. This landmark decision on the Right to Food further directed that these ration cards must be issued irrespective of quotas set under NFSA (National Food Security Act)
While hearing a petition (MA 94/2022) in the case ‘Re Problems and Miseries of Migrant Labourers’, has given a significant directions to ensure food security for migrant workers and unorganised sector workers. The bench, consisting of Justices Hima Kohli and Justice Ahsanuddin Amanullah Wok took grave note of the failure of the union of India (U01) and various state governments to comply with the previous direction of the court, almost a year ago, on April 20, 2023. In this order directions were given to all State/UT governments to issue ration cards under NFSA to the 8 crore persons who are registered on the eShrarn portal but do not possess ration cards.
The court further noted that unnecessary delays were being caused by putting in impediments such as requiring eKYC of all 80 crore ration cardholders to be updated before the direction could be compiled with. The bench noted that the exercise of matching eShram registrants with NFSA beneficiaries had already been undertaken and on that basis it had been found that nearly 8 crore people do not possess ration cards and hence do not get the benefit of monthly food grains under the Act.
The court thereby directed all the states and UTs must issue ration cards within a period of two months and further directed that any exercise of eKYC the central government may want undertake can happen contemporaneously and that must not come in the way of issuance of ration cards.
Further, the court also ordered that the ration cards must be issued irrespective of the quotas defined in section 3 of the NFSA. It was pointed out on behalf of the petitioners that the coverage of persons getting rations under the National Food Security Act (NFSA) is to be determined on the basis of the latest census. As the census of 2021 has not been undertaken, the coverage continues to be on the basis of the 2011 census even though population has increased- thereby leading to exclusion of more than 10 crore people from the purview of the food security net. As the coverage has not been increased most states have exhausted their quotas of ration card beneficiaries under the NFSA and are unable to issue new cards. The court ordered that states/UTs shall issue ration cards to the additional 8 crore people and not be bound by the quotas defined in the NFSA.
Counsels Prashant Bhushan and Cheryl D’Souza represented the petitioners in the matter.
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