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Supreme Court of India Judgment Analysis – In Re Problems and Miseries of Migrant Labourers v/s Union of India

  • Case Name: In Re Problems and Miseries of Migrant Labourers
  • Justice Name: M.R. Shah
  • Date of Verdict: April 20, 2023

Brief Facts: A public interest litigation was filed regarding problems faced by migrant workers during the COVID-19 pandemic. The Supreme Court had been monitoring the steps taken by the government.

Key Submissions by Union of India:
– Over 28 crore migrant workers have registered on the eShram portal launched to provide support to unorganized workers.
– Data sharing guidelines issued to states to provide eShram data for welfare schemes.
– Approximately 20 crore eShram registered workers also have ration cards.

– Supreme Court appreciated the eShram registration effort by the government.
– However, not all eShram registered workers have ration cards yet. Without ration cards, they may be deprived of welfare schemes and food security benefits.
– Directed states to expedite issuing ration cards to remaining eShram registered workers within 3 months.
– Welfare state’s duty to ensure migrants/unorganized workers get food security and social security benefits.

Takeaway for common man:
– Importance of migrant workers highlighted, and their welfare is government’s duty.
– Getting ration card essential to access government welfare schemes and food security.
– EShram portal useful for migrant workers to get registered and get benefits.

Takeaway for law students:
– PIL an effective tool to highlight issues of marginalized sections.
– Supreme Court continuing monitoring ensures accountability and implementation of relief measures for migrants.
– Creative use of technology (eShram portal) appreciated but directed linking with on-ground welfare measures.

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