1. The court noted the continued misery of stranded migrant workers and the inadequacy of state responses regarding food security and transportation. (Para 2 , 7 )
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2021 Supreme(SC) 252
SUPREME COURT OF INDIA
ASHOK BHUSHAN, M.R. SHAH, JJ.
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS
SUO MOTU WRIT PETITION (CIVIL) NO(S). 6 OF 2020
Decided on : 13-05-2021
Advocates appeared:
For the Appellant :Mr. Prashant Bhushan, Advocate, Ms. Cheryl Dsouza, Advocate
For the Respondent:Mr. Tushar Mehta, Ms. Ashwariya Bhati, ASG Mr. K.M. Nataraj, Mr. Rajat Nair, Advocate, Mr. Kanu Agrawal, Advocate, Mr. Rajat Nair, Advocate, Mr. Saurab Mishra, Advocate, Mr. Raj Bahadur Yadav, Advocate
For the Appellant :Mr. Prashant Bhushan, Advocate, Ms. Cheryl Dsouza, Advocate
For the Respondent:Mr. Tushar Mehta, Ms. Ashwariya Bhati, ASG Mr. K.M. Nataraj, Mr. Rajat Nair, Advocate, Mr. Kanu Agrawal, Advocate, Mr. Rajat Nair, Advocate, Mr. Saurab Mishra, Advocate, Mr. Raj Bahadur Yadav, Advocate
The Court directed the Central and State Governments to provide essential relief to stranded migrant workers during COVID-19, specifically mandating the provision of dry rations via self-declaration, adequate transport to home districts, and community kitchens to ensure food security and mobility for marginalized laborers.
Headnote:
Unorganised Workers Social Security Act, 2008 - Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 - Interstate Migrant Workmen (Regulations of Employment and Conditions of Service) Act, 1979 - National Food Security Act - Suo Motu Writ Petition - Migrant Labourer - Problems and Miseries of Migrant Labourers - In year 2020 when Nationwide lockdown was imposed migrant labourers were great sufferers because of cessation of their employment, they being left with no financial support to sustain themselves they were large exodus from metro cities like Delhi and Bombay – Held, Court also noted submissions made by learned Counsel appearing for respective parties on issue of food security, health insurance for migrant labourers, presumption of work of migrant labourers and relaxation on insistence of registration - Court observed that above issue shall be considered after necessary affidavits as directed above are filed by States/Union Territories - Court granted further two weeks time to States/Union Territories to file their responses and steps taken on aforesaid issues - It appears that most of States have not filed their specific responses on aforesaid issues and if filed, they are inadequate - Therefore, as a last chance, Court give further 10 days time to NCT of Delhi, State of Uttar Pradesh, State of Haryana, State of Bihar, State of Gujarat, State of Maharashtra and State of Orissa to file their specific responses on aforesaid issues more particularly referred to in our earlier orders referred to hereinabove and steps taken or to be taken and within how much time necessary required steps to be taken - For time being Court have issued directions to file response/counter on aforesaid issues to aforesaid States only – Ordered accordingly.
Legal Category Hierarchy
Table of Contents
2. In times of immense crisis, the state must ensure basic survival needs like food and transport for marginalized migrant workers, accepting self-declaration for ration access. (Para 2 )
3. Directed states to provide dry rations via self-declaration, ensure transport for stranded migrants, establish community kitchens, and file detailed compliance reports. (Para 2 , 7 )
4. Can the state insist on identity cards for migrant workers seeking dry rations during a crisis?
No, the court directed that authorities shall not insist on identity cards for migrant labourers who do not possess them, and dry rations should be provided based on self-declaration. (Para 2 )
5. What are the state's obligations regarding the transportation of stranded migrant workers?
The state must ensure adequate transport is provided to stranded migrant labourers wishing to return home, with district and police administrations coordinating to facilitate road or rail transport. (Para 2 )
6. How should the state address the immediate hunger of stranded migrant workers and their families?
The state is directed to open community kitchens at well-advertised places to provide two meals a day to stranded migrant labourers and their families. (Para 2 )
ORDER :
We have heard Shri Prashant Bhushan, learned counsel for the applicant, Shri Tushar Mehta, learned Solicitor General of India, Shri Ashok Parija, learned Advocate General of Odisha, Shri Rahul Chitnis, learned counsel for the State of Maharashtra and other learned counsel.
1. This IA has been filed in Suo Motu Writ Petition (Civil) No.6 of 2020 (In Re: Problems and Miseries of Migrant Labourers).
1.1 In the year 2020 when the Nationwide lockdown was imposed on 24.03.2020 migrant labourers were the great sufferers because of cessation of their employment, they being left with no financial support to sustain themselves they were large exodus from metro cities like Delhi and Bombay.
1.2 This Court in the writ petition has issued various directions including orders dated 09.06.2020 and 31.07.2020. This Court on 09.06.2020 and 31.07.2020 had directed all the States and Union Territories to provide transport to all stranded migrant workers within 15 days. In view of the surge of second wave of COVID-19 which witnessed after March, 2021, NCT of Delhi and other States have brought fresh restrictions, night curfews and lockdowns in April, 2021. The applicant pleads that in April, 2021 due to restrictions, curfews and lockdowns in the State of NCT of Delhi, State of U.P., State of Haryana in the entire NCR region, there has been loss of livelihood of migrant labourers and they have started to moving to their home Districts fearing that lockdown may continue bringing more miseries to them. The applicant highlights that exorbitant fares being charged from migrant labourers who wanted to go home by private bus owners ranging from 4 to 5 times of normal fares. The applicant prays that the last year Central Government has announced Atma Nirbhar Bharat Scheme where for the period of two months May and June, 2020, 5 kgs of food grains and one kg of pulses were declared to be given to the migrant labourers who were not covered by the Public Distribution System under the National Food Security Act. The applicant also referred to Pradhan Mantri Garib Kalyan Ann Yojana. The applicant's prayer is that the Central Government and State Governments immediately put in place mechanisms to provide rations to all migrant workers and their families who have been excluded from the National Food Security Act and PDS programmes. The applicant's case is that at the time of such immense crisis, self-declaration on need of rations should be accepted to ensure maximum access for the marginalised.
1.3 The applicant has also prayed that it is crucial to provide free cooked food through networks of community kitchens, hunger relief and feeding centres especially at places where distressed migrant workers are congregating such as industrial areas, homeless shelters, bus stations, train stations and other areas. The applicant's prayer is that the migrant labourers who want to go to their home town should be extended transport facilities by the State Governments to reduce their miseries references to Newspaper's reported dated 20.04.2021, Times of India have been made, newspaper reported regarding over-charging of fares by the private vehicles has also been highlighted. The applicant prays that authorities must ensure for those migrant labourers who wish to go back to their villages for which purpose necessary transport may be provided by the Central and State Governments. It is further pleaded that effective dissemination of information about all welfare schemes put in place for migrant workers which will be published so that migrant labourers may access the schemes.
2. After having heard learned counsel for the parties we direct the Central Government as well as the Government of State of NCT of Delhi, State of U.P. and State of Haryana (for the Districts included in the NCR) to file a reply to the application suggesting means and measures by which they shall ameliorate miseries of stranded migrant labourers. We also issue notice on the application to State of Maha
