For how long freebies can be given, why not create job opportunities, asks Supreme Court

New Delhi: "For how long freebies can be given?" the Supreme Court asked on Monday while stressing the need for creating job opportunities and capacity building for migrant workers being given free ration since the Covid pandemic.

A bench of Justice Surya Kant and Justice Manmohan was surprised when the Centre informed the court that 81 crore people are being given free or subsidised ration under the National Food Security Act of 2013.

"It means only the tax-payers are left out," the bench told Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati, appearing for the Centre.

Advocate Prashant Bhushan, appearing for an NGO in the suo motu case on problems and miseries of migrant labourers initiated during the Covid pandemic in 2020 to provide immediate relief to them, said directions need to be issued for providing free ration to all migrant workers registered with the "e-Shram" portal.

The bench said, "For how long freebies can be given? Why don't we work to create job opportunities, employment and capacity building for these migrant workers?" Bhushan said directions have been issued by this court from time to time to all states and Union territories to issue ration cards to migrant workers so that they can avail free ration provided by the Centre.

He said the latest order says even those who do not have ration cards but are registered under the "e-shram" portal are to be given free ration by the Centre.

"This is the problem. The moment we direct states to provide free ration to all migrant workers, not a single one will be seen here. They will run away. To appease people, states may issue ration cards because they very well know that the liability is on the Centre to provide free ration," Justice Surya Kant said.

Bhushan said had the Census been done in 2021, there would have been a rise in the number of migrant workers as the Centre is currently relying on data from the 2011 Census.

"Let us not create a divide between the Centre and states, otherwise it will be very difficult," the bench said.

Mehta said this court's orders were Covid-specific. At that point in time, this court, looking at the distress faced by migrant workers, passed orders more or less on a daily basis to provide succour, the solicitor general said.

He added the government is bound by the 2013 Act and cannot go beyond the statutory scheme.

Mehta said there were certain NGOs who did not work on the ground during the pandemic and he could state on affidavit that the petitioner NGO was one among them.

The hearing witnessed some heated exchange between Mehta and Bhushan as the solicitor general said the court should not rely on data and figures given by "an armchair NGO, which was busy drafting and filing petition in the apex court instead of providing relief to people".

Bhushan said Mehta was angry with him as he had released some e-mails related to him, which had a damaging effect.

Mehta retorted, "I never thought that he (Bhushan) would stoop so low but now that he has raised the issue of e-mails, he needs to answer. Those e-mails were considered by the court. When someone tries to damage the government or the country, he is bound to object to such petitions." Justice Surya Kant tried to pacify both Mehta and Bhushan and said that the case of migrant workers needed a detailed hearing and listed it for January 8.

On November 26, the top court flagged the difficulties surrounding the distribution of freebies and said Covid times were different when distressed migrant workers were provided the relief.

In a judgment on June 29, 2021, and subsequent orders, the top court passed a slew of directions to the authorities asking them to undertake welfare measures, including giving ration cards to all migrant workers, who were in distress during the COVID-19 pandemic, registered with the "e-Shram" portal.

The portal is a comprehensive national database of unorganised workers launched by the Union Ministry of Labour and Employment with the primary aim of facilitating the delivery of welfare benefits and social security measures to the country's unorganised sector workers.

On September 2, the top court asked the Centre to file an affidavit giving details about compliance with its 2021 judgement and subsequent directions on providing ration cards and other welfare measures to migrant workers.

The Centre previously said it was providing ration to all those people who were eligible under the National Food Security Act.

The top court, in the 2021 judgement, termed as "unpardonable" the Centre's "apathy and lackadaisical attitude" towards creating the national database for unorganised workers and ordered its commencement by July 31, 2021, for the registration of all migrant workers and providing them with welfare measures.

It had ordered the states and union territories to frame schemes for providing free dry ration to them till the pandemic lasted while asking the Centre to allocate additional foodgrains and directing the department concerned to "allocate and distribute food grains" to migrant labourers".