E-Shram registrations are occurring at a snail’s pace. The Supreme Court should take note
In August 2021, the central government launched the E-Shram Portal - National Database of Unorganized Workers at a budget of Rs 704 crores. An ambitious project, this study reveals that the progress has been tardy - states like Tamil Nadu, Telangana and Gujarat are way behind their targets. The Supreme Court, which has been closely monitoring migrant workers’ plight in a suo moto case, must strongly intervene.
Dr K R Shyam Sundar
Published on: 27 February 2025, 08:25 am
THREE major labour laws govern the welfare of different segments of unorganised workers - the Inter-State Migrant Workmen Act, 1979 (ISMWA), the Building and other Constructions Workers Act, 1966 (BCOWA) and the Unorganised Workers’ Social Security Act, 2008 (UWSSA). These laws often interact with each other. Owing to complete or partial non-implementation of the laws, construction, migrant and unorganised workers suffered a great deal during the pandemic and even in the post-pandemic period.
Ironically, COVID-19 brought millions of such hitherto ‘invisible’ workers to the mainstream media and public discussion. The Supreme Court has proactively begun to take the case of the sufferings of the migrant workers, in particular, and the unorganised workers in general, since May 26, 2020.
On June 29, 2021, the Court passed strictures on the Central government’s handling of the development of the database of the unorganised workers.
The Supreme Court’s suo motu case
In June 2020, in In re: Problems and Miseries of Migrant Labourer, the Supreme Court directed the Central government to develop a portal for registration of the unorganized labourers/migrant workers. It directed the work to begin before July 31, 2021 and the entire process of registration to be “completed at the earliest, but not later than 31.12.2021.” The Court also directed the State governments to register migrant workers under the ISMWA and provide the particulars to the Central government .
Meanwhile, the second wave of the pandemic struck India in March and April, 2021. On June 11, 2021, the Court asked each state government to submit a short note detailing the stages of registration and data collection, and regarding other efforts made to aid migrant workers. Accordingly it directed the governments to register the establishments and grant licenses to implement the law effectively.
