SC now takes suo motu note of migrants’ plight
Highest court takes suo motu cognizance of migrant workers’ woes, issues notices to Centre and state govts
NEWDELHI: The Supreme Court on Tuesday pointed to inadequacies and lapses in measures taken by the Centre and state governments in addressing difficulties faced by migrant workers because of the Covid -19 lockdown, as it took suo motu cognizance of the crisis two months after it started.
A three-judge bench headed by justice Ashok Bhushan issued notice to the central and state governments and ordered them to make immediate arrangements for the migrant workers’ transportation, food and shelter free of cost. The court asked the Centre and states to file their responses, treating the matter as urgent. The case will be heard again on Thursday.
Tuesday’s order was in contrast with the approach the SC had adopted throughout the lockdown. On a plea seeking free transport for migrant workers, the top court had, on May 15, left it to the states to take action, maintaining that it cannot pass orders based on media reports.
NEWDELHI: A week-and-half after it said it couldn’t intervene in the ongoing migrant crisis, the Supreme Court on Tuesday pointed to inadequacies and lapses in measures taken by the Centre and state governments in addressing difficulties faced by migrant workers because of the Covid -19 lockdown, as it took suo motu cognizance of the crisis two months after it started.
A three-judge bench of the top court headed by justice Ashok Bhushan issued notice to the central and state governments.
“We take suo motu cognizance of problems and miseries of migrant labourers stranded in different parts of the country….Adequate transport arrangement, food and shelters are immediately to be provided by the Centre and state governments free of cost,” the order said.
The court asked the Centre and states to file their responses, treating the matter as urgent. The case will be heard again on Thursday when solicitor general Tushar Mehta will have to assist the court on the measures taken by the Centre to alleviate the sufferings of the migrant workers.
“We direct the suo motu petition to be taken up day after tomorrow and we request the learned solicitor general to assist the court and by the next date of hearing bring to the notice of the court all measures and steps taken by the government of India and to be taken in this regard,” the bench, which also comprised justices Sanjay Kishan Kaul and MR Shah, ordered.
The apex court’s order of Tuesday was in contrast with the approach it adopted throughout the lockdown, which started on March 25, while handling cases related to Covid-19, particularly petitions highlighting the plight of migrants who left the cities to head home in the hinterland after losing their livelihoods.
On a plea seeking free transport for migrant workers to their states, the top court, on May 15, left it to the states to take action to deal with the problem.“How can we stop people from walking? It is impossible for this court to monitor who is walking and who is not walking”, the court remarked, commenting on reports of migrant workers walking long distances to get back home.
Earlier, in March, in relation to the same case, Mehta tod the court that no migrant was walking back home.
Soon after the lockdown was imposed on March 25, migrants by the thousands, who had lost their jobs, started walking back home because no public transport was available. Many were stopped at state borders and sent to shelters. Others continued to walk along train tracks or on highways. In late April, the government announced guidelines for transporting them back home by bus. On May 1, it launched special trains, but many continued to walk back home because they did not want to wait for the trains or did not have the documentation required to board them.
The order passed on Tuesday had a different tenor to it as the court relied on media reports highlighting the “unfortunate and miserable conditions of migrant labourers”.
“This Court has also received several letters and representations from different sections of society highlighting the problem of migrant labourers”, the order said.
Twenty advocates practising at the Supreme Court and the high courts wrote a letter on Monday to the CJI highlighting the plight of migrant labourers and urging the court to intervene.
› Adequate transport arrangement, food and shelters are immediately to be provided by the Centre and state governments free of cost
SC BENCH