HIGH COURTS VIEWS ON THE MATTER AT A GLANCE:
The Gujarat High Court on 11th May took suo moto cognizance over the plight of migrant workers after several media reports highlighted the issues faced by them due to the lockdown. A division bench comprising of Justices J.B. Pardiwala and Justice Ilesh J. Vora observed that: “People are suffering without any food and shelter. Due to nationwide lockdown whatever help these people received from NGO’s and other charitable institutions has come to a halt. It has also been reported that more than two hundred people living on roadsides have not had a morsel of food for past few days. It is a paramount duty of state authorities to ensure that necessary arrangements are made for distribution of food packetsall over the state and outskirts too.” The court further stated that if everyone stands united COVID-19 can soon come to an end.
On 14th May the Karnataka High Court directed the Central and state government to take immediate decision on the payment of railway fareby the migrant workers who are not capable to pay. Chief Justice Abhay Oka and Justice B V Nagarathna said that prima facie,considering the constitutional rights of the migrant workers, they should not be deprived of the opportunity to go back to their own state only for the reason that they are not capable of paying for the transportation. The government should appreciate the contribution of these workers in various projects so the government should come forward to help them.
- The Delhi HC also directed Delhi government to ensure uninterrupted working of the helpline numbers setup to help the migrants. The order came after a PIL was filed by National Campaign Committee for Eradication of Bonded Labourseeking a proper functioning for repatriation of migrant workers. Railways submitted that more than 800 trains have already departed taking 10 lac migrant workers to their native places.
- Andhra Pradesh HC while hearing a PIL saidthat ignoring the plight of migrant workers who are walking back home will amount to dereliction of duty of the court as a protector of the poor.The takeaway counters should be stocked up with drinking water and dehydration salts, sanitary pads dispensing machines should be organized, National Highways Authority of India was also ordered to use patrol vehicles to pick up and transport migrants to nearest shelter.The court said that the compliance of interim measures should be reported with the clear details of the shelters and services provided by 22.05.2020.
- Madras HC also took suo moto cognizance in the matter while hearing a habeas corpuspetition seeking protection of 400 Tamil Workers stranded in Maharashtra. The court said that it is nothing but a human tragedy.When the lockdown was announced lakhs of migrants were stranded without shelter and jobs. It is unfortunate to see the neglecting treatment they are facing by the authorities which compels them to start walking to their native states. Some people also starved to death due to hunger. The court further suggested that the toll gates should be made as checking points to provide food, shelter and medical help and all the relevant data of these persons should be collected and the host state should be made accountable for their safety and well-being.
OBSERVATIONS MADE BY THE SUPREME COURT OF INDIA:
On 15th May the Supreme Court of India directed the States of UP and Maharashtra to file an affidavit on what steps have been taken by the nodal officers to travel safely to their native places. In the case Justice Rao stated that there should be officers at lower level to resolve the grievances of the migrants.
The Supreme Court also dismissed an Application that provided directions to all the District Magistrates to identify the walking labourers and ensure their safe travel to their native places. Justice L Nageswara Rao, SK Kaul and BR Gavaistated that the courts cannot monitor this situation and it is the duty of state governmentto take appropriate actions. The petitioner stated that interference of apex court was required after the incident of Aurangabad District where 16 migrant workers had been killed by a train. The Centre submitted that government had already started taking appropriate measures for the same. Also directions were sought for every District Magistrate to identify the stranded migrants and shift them to the nearest shelter ensuring al the basic amenities are provided to them.
MEASURES TAKEN BY CENTRAL GOVERNMENT FOR MIGRANT WORKERS:
- On 16th May the Union Home Minister, Sh. Ajay Bhalla, wrote to all states that dissemination of arrangements for travel should be done. ‘Shramik’ trains and special buses have been deployed by the center to ensure that the needs of transportation of migrant workers are catered.
- The National Disaster Management Authorityhas developed an online Dashboard- National Migrant Information System to maintain a central repository on migrant workers and help in speedy interstate communication. It also helps in contact tracing which can further help in preventing outspread of coronavirus.
- The finance minister Nirmala Sitharaman announced a relief package including one nation, one ration and also acknowledged the significance of Mahatama Gandhi National Rural Employment Guarantee Scheme which will help in providing employment to these laborers.
CONCLUSION
Even after the orders and directions given by various High Courts and the apex court, the fatalities among this vulnerable section have not stopped. On 16th May a road accident claimed the lives of 35 migrant workers where in one incident two trucks collided claiming lives of these people and another one where the victims were in a stationary truck that was hit by a trailer. According to Hindustan Times report, more than 381 fatalities in road crashes since March 25- the day lockdown began- have been of migrant workers returning home. This sufficiently highlights their plight.
