New Delhi: The Supreme Court on Monday queried for how long freebies can be given while emphasising on capacity building for migrant workers, who were being given free ration since the COVID-19 pandemic.
The matter came up before a bench comprising justices Surya Kant and Manmohan. The bench was informed that 81 crore people are being given free or subsidised ration under the National Food Security Act of 2013.
The bench asked it means only the tax-payers are left out? The Centre was represented by Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati. The apex court was hearing a suo motu case on the problems and miseries of migrant labourers initiated during the COVID-19 pandemic in 2020.
Advocate Prashant Bhushan, appearing for an NGO said directions need to be issued for providing free ration to all migrant workers registered with the "e-Shram" portal.
The apex court queried, "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 (UTs) to issue ration cards to migrant workers so that they can avail free ration provided by the Centre.
The bench was informed that 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.
The bench said, "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," said the bench.
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.
The Centre’s counsel said the court's orders were COVID-19-specific and added that the government is bound by the 2013 Act (the National Food Security Act 2013) and cannot go beyond the statutory scheme.
Mehta insisted that the court should not rely on data and figures given by an armchair NGO, which was busy drafting and filing petitions in the apex court instead of providing relief to people.
Bhushan said Mehta was angry with him as he had released some emails 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 emails were considered by the court. When someone tries to damage the government or the country, he is bound to object to such petitions."
The bench has scheduled the matter for further hearing on January 8, 2025. On November 26, the top court flagged the difficulties surrounding the distribution of freebies and said COVID-19 times were different when distressed migrant workers were provided relief.
