On Tuesday, the Apex Court said migrant workers shouldn't be prosecuted for trying to reach home amid the national lockdown.
A Bench led by Justice Ashok Bhushan asked the Centre & the States to withdraw any complaint or prosecution lodged against migrant labourers who had set out on foot from big cities for their native villages to escape starvation, unemployment & disease during the pandemic.
The SC said “society as a whole was moved by their miseries & difficulties”.
It directed that “States/Union Territories to consider withdrawal of prosecution/complaints under Section 51 of the Disaster Management Act & other related offences lodged against migrant labourers who are alleged to have violated lockdown measures by moving on roads".
A migrant worker who walked home would have faced a year in prison or been fined or suffered both if found guilty of obstructing the law under Section 51 of the Act.
The Bench, also comprising Justice S.K. Kaul & Justice M.R. Shah, ordered the States & the UTs to bring the stranded migrant workers home within the next fifteen days.
Directive to railways
It ordered the railways to provide the States with 171 more Shramik Special trains within the next 24 hours to transport migrant workers
“The process of transportation by rail & road has to be completed by all the States & the Union Territories so that the next stage of attending the needs of the migrant labourers can be looked into, ie, source of employment, provision of food & ration for them”, the 38-page order reasoned.
The Supreme Court asked the Directors General of Police to direct their personnel to deal with the migrant workers humanely. It said there were instances of police excesses despite otherwise doing a “commendable job”.
It observed that “Migrant labourers are forced to proceed to their native place after cessation of their employment. They are already suffering. They have to dealt by the police & other authorities in a humane manner".
Job opportunities
The Top Court squarely placed the onus on the Centre, the States & the UTs to provide details of employment & benefits schemes to the returned workers.
The Bench ordered that counselling centres should be set up to reach out to them & explain the various schemes framed for their rehabilitation & employment. The centres should freely provide information & even “extend helping hand” to those workers who want to return to their places of past employment.
The States & Union Territories were asked to conduct extensive skill-mapping of the returned workers at village & block levels.
The SC passed the order after suo motu taking cognisance of the migrant workers’ exodus. The next hearing is on July 8.
In a retort to the Govt criticism of HCs running a “parallel government” with their orders on migrants, the Top Court said, “High Courts, as constitutional courts, were well within their jurisdiction to take cognisance of violation of fundamental rights of migrant workers & we have no doubt that those proceedings shall proceed”.
The SC reminded that the job of a Govt wasn't merely about churning out policies, declaring measures & funds. It included “strict vigilance & supervision as to whether those measures, schemes, benefits reaches to those to whom they are meant”.
The court applauded the passion & devotion shown by individuals who came forward to help the migrant workers. It recognised the contributions of NGOs that pitched in for migrant workers & helped fight the pandemic by providing food, water & transportation at their own cost.
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