It is India’s culture to ensure that no one sleeps on an empty stomach, the Supreme Court said on Tuesday and asked the Center to ensure that food grains reach the last man under the National Food Security Act (NFSA).

A bench of Justices MR Shah and Hima Kohli directed the Center to submit a new chart with the number of migrant and unorganized sector workers registered on the e-Shram portal. Under NFSA it is the central government’s duty to ensure that food grains reach the last man, it added.

Advocate Prashant Bhushan appearing for petitioners said that the country’s population has increased after the 2011 census and so has the number of beneficiaries covered under the NFSA. Advocate Bhushan said the government is claiming that the per capita income of the people has increased in recent years, but India has fallen sharply in the Global Hunger Index.

Additional Solicitor General (ASG), Aishwarya Bhati, appearing for the Centre, submitted there are 81.35 crore beneficiaries under NFSA, a very large number even in the Indian context. The 2011 census has not stopped the government from adding more people to the list of beneficiaries which is growing, ASG added, while Adv. Bhushan interjected to say 14 states have filed affidavits stating their quota of foodgrains has been exhausted. The matter is posted for a resumed hearing on December 8 by Supreme Court.

The apex court had asked the Centre to ensure the benefits of the NFSA are not limited by the 2011 census figures and that more needy people should be covered under the Act, terming the ‘Right to Food’ a fundamental right under Article 21 of the Constitution.

In July, the Supreme Court had said migrant workers play a very vital role in building the nation and their rights cannot be ignored at all, and asked the Centre to devise a mechanism so they receive foodgrains even without possessing ration cards. The SC had issued a slew of directions to authorities for migrant workers and ordered states and Union Territories to frame schemes for providing free dry rations to them till the pandemic lasts. It also asked the Centre to allocate additional foodgrains. 

The government notified the National Food Security Act, 2013 on September 10, 2013, to provide food and nutritional security by ensuring access to adequate quantities of quality food at affordable prices for people to live a life with dignity which provides for coverage of up to 75 % of the rural population and 50 % of the urban population for receiving subsidised food grains under targeted public distribution systems.