SUPREME COURT OF INDIA
ASHOK BHUSHAN, M.R. SHAH, JJ.
Bandhua Mukti Morcha – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (C) No. 916 of 2020, Suo Motu Writ Petition (Civil) No. 6 of 2020
Decided On : 29-06-2021
Disaster Management Act, 2005 - Section 51 - Lockdown - Pandemic - Affidavits - One of groups, which were severally affected by pandemic, was migrant labouers - When Nationwide Lockdown was declared, after few days, there was huge exodus of the migrant labourers from their place of work to their native places. Two primary reasons which resulted in exodus were cessation of employment due to lockdown and fear of the pandemic - When large number of migrant labourers started walking on highways on foot, cycles and other modes of transports without food and facing several untold miseries - In pursuance of order dated affidavits were filed - Apart from filing of affidavit by Central Government, States/Union Territories, few persons also filed intervention application in this writ petition bringing into notice of this Court several facts, figures and suggested different measures for ameliorating the conditions of the migrant labourers - Whether the establishment falls under the Central sphere or State sphere – Held, Court are of view that State should run the community kitchens at prominent places where large number of migrant labourers are there, which community kitchens should be continued at-least till the pandemic continues - States should advertise places where facility of community kitchen/subsidized meals is provided so that no migrant labour, who is unable to arrange for his two meals can remain hungry - Direct bank transfer being matter of policy and being in domain of the State, no direction can be issued by this Court for any direct bank transfer as claimed by certain applicants/intervenors. We only observe that in event any person is entitled for direct bank transfer as per existing scheme in any State, he can avail the said benefit by the mechanism as provided in the policy decision - dispose of the writ petitions.
JUDGMENT :
ASHOK BHUSHAN, J.
1. The Worldwide Pandemic COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. The pandemic had affected each and every person in the world including all citizens of this country. The pandemic has adversely affected all businesses including the small scale businesses, industries, markets and smallest of the person.
2. One of the groups, which were severally affected by the pandemic, was the migrant labouers. When Nationwide Lockdown was declared on 24.03.2020, after few days, there was huge exodus of the migrant labourers from their place of work to their native places. Two primary reasons which resulted in the exodus were cessation of employment due to lockdown and fear of the pandemic. When large number of migrant labourers started walking on highways on foot, cycles and other modes of transports without food and facing several untold miseries, this Court suo motu took cognizance of the problems and miseries of the migrant labourers by its order dated 26.05.2020 on which date, this Suo Motu Writ Petition had been registered. We had issued the notice to the Union of India and all States/ Union Territories and directed the learned Solicitor General to assist the Court and by the next date of hearing bring in the notice of the Court all measures and steps taken by the Government of India and to be taken in this regard.
3. In pursuance of our order dated 26.05.2020 affidavits were filed. Apart from filing of affidavit by the Central Government, States/Union Territories, few persons also filed intervention application in this writ petition bringing into notice of this Court several facts, figures and suggested different measures for ameliorating the conditions of the migrant labourers. One of the major issues, which, at that time, was to be tackled by the States and Union Territories was the transportation of migrant labourers from their work place to their native places.
4. We had issued certain directions on 28.05.2020 and thereafter issued further directions on 09.06.2020, in paragraph 26 of which order, we noticed following:-
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