IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus IN RE: on 9 June 2020

Conclusion

IN RE : PROBLEMS AND MISERIESOF MIGRANT LABOURERS

(Suo Motu Writ Petition (Civil) No. 6 of 2020)

JUNE 09, 2020

[ASHOK BHUSHAN, SANJAY KISHAN KAULAND M. R. SHAH, JJ.]

Cognizance – Suo motu cognizance – Covid-19 Pandemic –Movement/problems of migrant labourers – In addition to directionsissued by order dated 28.05.2020, held: In view of certain lapsesand short-comings in implementation of the schemes and policies,States and UTs to streamline the vigilance and supervision ofactions of their officers and staff and take appropriate actionwhere required – With respect to some instances of excess withregard to migrant labourers, the concerned DGP/PoliceCommissioner may issue necessary directions – State may alsoconsider withdrawing prosecution/complaints lodged againstmigrant labourers for offences referred to in s.51, 2005 Act andother related offences lodged during lockdown – States/UTs totransport remaining stranded workers by train, bus or other modewithin 15 days from today – Counselling centres be set up by theconcerned State at block level and district level to provideinformation regarding government schemes and other avenues ofemployment to the workers who reached their native places – Statemay facilitate the return of workers who want to return to theiremployment – Further directions issued to ameliorate the conditionsof migrant workers pending consideration of other issues –Disaster Management Act, 2005 – ss.6(2)(i), 12 & 51 – Inter-StateMigrant Workmen (Regulations of Employment and Conditions ofService) Act, 1979 – Construction Workers (Regulation ofEmployment and Conditions of Service) Act, 1996 – UnorganisedWorkers’ Social Security Act, 2008.

Issuing directions, the Court

HELD: 1.1 The State and Union Territories in theiraffidavits have referred to various measures, the orders andguidelines issued by the Central Government, the orders issuedby the National Executive Committee under the DisasterManagement Act, 2005, policies and decisions taken by the

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Aconcerned States. The States and Union Territories claimed tobe following all directions and policies and taking necessarysteps for running the relief camps, shelter camps, attending theneeds of food and water of the migrants, attending therequirement of transportation of migrant workers to their nativeplaces. There can be no exception to the policies and intentionsBof the State but what is important is that those on whomimplementation of circulars, policies and schemes are entrustedare efficiently and correctly implementing those schemes.Lapses and short-comings in implementing the schemes andpolicies have been highlighted by various intervenors in theirCapplications and affidavits. It is impressed on States and UnionTerritories to streamline the vigilance and supervision of actionsof their officers and staff and take appropriate action whererequired. It is further noticed from the materials on record thatpolice officers of States, para-military forces wherever deployed are doing commendable job but some instances of excess withDregard to migrant labourers are also there. The migrantlabourers, who were forced to proceed to their native place, aftercessation of their employment are already suffering. The financialdifficulty being with all the migrant labourers invariably they haveto dealt by the police and other authorities in a humane manner.EThe concerned Director General of Police/Police Commissionermay issue necessary directions in this regard. [Para 26][15-B-G]

1.2 As far as transportation of migrant workers to theirnative places by train, road or other means are concerned,Fsubstantial portion of stranded workers have already beenaccompliced by the State Governments, railways and otherorganisations. But still there are stranded migrant labourers indifferent States specially in State of Maharashtra, NCT of Delhi,State of West Bengal, State of Tamil Nadu and State of Gujarat.

The schedule of demand of train, as brought on the record,Gindicate that the total demand of trains by the States and UnionTerritories is 171 running from 03.06.2020 to 16.06.2020. Allthe States/Union Territories are directed to transport all strandedworkers by train, bus or other mode within 15 days from today.[Para 28][16-C-E]H

1.3 For identifying the migrant workers in different States,the protocol of registration is already invoked. As alreadydirected vide order dated 28.05.2020 that the process ofregistration be simplified. Identification of migrant workers beimmediately completed by all the States/Union Territories andthose migrant workers, who are not yet registered, immediatesteps be taken by decentralising the process of registration byproviding facility of registration to the migrant workers at nearbyplaces including police stations and other places of localadministration as may be notified. The information regardingjourney by train and bus, which is to be undertaken by strandedworkers should be publicise through local newspapers, local T.V.channels so that necessary information reaches to concernedmigrant workers. [Para 30][16-G-H; 17-A]

1.4 Majority of stranded workers have reached at theirnative places. The second major task which has now to beundertaken by the concerned States and Union Territories is oftaking care of those migrant workers/labourers who havereturned to their native places after cessation of theiremployment. The details of migrant workers, nature of their skill,place of their earlier employment be maintained in prescribedproforma to be formulated by the concerned State at village level,block level and the district level so that necessary helps can beextended by the State authorities and district authorities to thesemigrant labourers. Counselling centres be set up by theconcerned State at block level and the district level to provideall information regarding Government schemes and otheravenues of employment to these workers. The State may alsoprovide necessary information and facilitate the return of theworkers who want to return to their employment. Necessaryinformation should be provided by the State in this regard bycreating help desk with the help of railway authorities and roadtransport authorities. Apart from schemes, which are run by theCentral Government for the benefit of people in the country,each State have also their own schemes taking care of differentaspects including providing avenues for employment. All Statesand Union Territories should bring on record the differentschemes which are enforced in the concerned State which maybenefit these migrant labourers so that it may also be examined AB

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Aby this Court for issuing appropriate direction in that regard.Thus, further two weeks’ time granted to all the States and UnionTerritories to submit additional affidavits in response to variousaspects, as noticed in this order. The Central Government mayalso bring on record the different schemes which can be takenby migrant labourer which may also be taken by additionalBaffidavit within two weeks. [Paras 31, 32][17-B-H; 18-A]

1.5 The migrant labourers on account of Lockdownmeasures enforced w.e.f. 25.03.2020, and due to closure of theirplace of work/source of employment started moving in severalparts of the country to reach their hometown. Under theCguidelines, movement by migrants also constituted an offenceunder Section 51 of Disaster Management Act, 2005. PoliceAuthorities started stopping such movements and alsoregistered certain First Information Reports against the migrantlabourers. The movement of migrant labourers, tourists andDstudents was permitted by the Government only w.e.f.29.04.2020. There may be First Information Reports orcomplaints against migrant labourers alleging violation ofLockdown measures in moving on roads. The migrant labourerswho were earning their bread by working in differentestablishments due to cessation of work were forced to move Eto their hometown. The action of movement of these migrantlabourers after enforcement of the Lockdown measures was byforce of circumstances. The State may consider withdrawingProsecution/Complaints lodged against such migrant labourersfor the offences as referred to in Section 51 of the DisasterFManagement Act, 2005 and other related offences lodged againstthe migrant labourers during the period of Lockdown underDisaster Management Act, 2005. [Para 33][18-D; F-H; 19-A]

1.6 Apart from what has been indicated above certainfurther directions are necessary to be issued to ameliorate theGconditions of the migrant workers pending consideration of otherissues. Thus, in addition to directions already issued by orderdated 28.05.2020 and measures as directed above, furtherdirections are issued to the Central Government, all States andUnion Territories. [Paras 34, 35][19-B-C]

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CIVIL ORIGINAL JURISDICTION : Suo Motu Writ Petition(Civil) No. 6 of 2020

Under Article 32 of the Consitution of India With W.P. (C) Diary No. 11394/2020 and W.P. (C) No. 511/2020

Tushar Mehta, SG, K.M. Nataraj, Sanjay Jain, ASG, S.C. Verma,Amit Kumar, Atul Nanda, AGs., Prabhuling Navadgi, Abhinav Mukerji,Saurabh Mishra, Jayanth Muthuraj, Ashish Kumar, Ms. AishwaryaBhati, Nalin Kohli, AAGs, Maninder Singh, Ranjit Kumar, Mrs. ManishaLav Kumar, Aman Lekhi, Dr. Manish Singhvi, Vikramjit Banerjee, P.S.Narasimha, R. Balasubramaniam, Kapil Sibal, Ms. Indira Jaising,Abhishek Manu Singhvi, Colin Gonsalves, Jaideep Gupta, B.S. Patil,P. Chidambaram, Anand Grover, Sanjay Parikh, Gopal Sankarnarayanan,K.V. Vishwanathan, Sr. Advs., Abhimanue Shrestha, Deepak Prakash,Ms. Nachiketa Vajpayee, Divyangna Malik, Rajat Nair, Saurabh Mishra,Kanu Agrawal, B.V. Balramdas, Abhimanyu Tiwari, Ms. Eliza Bar, AnilShrivastav, Rituraj Biswas, Shuvodeep Roy, Prabhas Bajaj, ManishKumar, Ms. Prachi Mishra, Sumeer Sodhi, Pranav Sachdeva, ArunPedneker, Sachin Patil, Aniruddha P. Mayee, Mrs. DeepanwitaPriyanka, Mrs. Bihu Sharma, Ms. Pratishtha Vij, Tapesh Kumar Singh,Ms. Shashi Juneja, Ms. Pinky Behera, Vikram Huligoll, ShubhranshuPadhi, G. Prakash, Jishnu M.L., Rahul Chitnis, Sachin Patil, PukhrambamRamesh Kumar, Ms. Anupama Ngangom, Karun Sharma, Avijit ManiTripathi, Ms. Rekha Bakshi, Shaurya Sahay, Arjun Garg, Ms. RatiTandon, Siddhesh Kotwal, Ms. Astha Sharma, Ms. K. Enatoli Sema,Sibo Sankar Mishra, Karan Bharihoke, Ms. Uttara Babbar, SandeepKumar Jha, Narendra Kumar, M. Yogeshkanna, Ms. Garima Prashad,Dr. Abhishek Atrey, Shadman A1i, Ms. Vidyottma Jha, Ms. AmbikaAtrey, Suhan Mukerji, Amit Verma, (for PLR Chambers), K.V.Jagdishvaran, Ms. G. Indira, Ms. Rangoli, Nikhil Goel, Naveen Goel,Dushyant Sarna, Prashant Singh B., M. Shoeb Alam, Mojahid KarimKhan, Raj Bahadur Yadav, V. G. Pragasam, Ms. Nupur Kumar, SunilFernandes, Avishkar Singhvi, Muhammad Khan, Varun Chopra, OmarHoda, Prastut Dalvi, Ms. Aishwarya Mohapatra, Gurtejpal Singh, NitinMishra, Ms. Mitali Gupta, P.V. Surendranath, Biju P. Raman, SubhashChandran KR, Alakh Alok Srivastava, Satya Mitra, Gunjan Singh,Siddharth Seem, Ms. Anupradha Singh, Ms. Harini Raghupathy, A

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AMs. Pragya Ganjoo, Ms. Nanita Sharma, Prashant Bhushan, EjazMaqbool, Ms. Akriti Chaubey, Ms. Aishwarya Sarkar, Shadan Farasat,Raj Kishor Chourdhary, Shivam Sharma, Pradeep Kumar Mittal,Shakeel Ahmed, Sandeep Kumar Jha, Mohit Paul, Gautam Talukdar,Narendra Kumar, Chirag M. Shroff, Ms. Mithu Jain, Arnav Vidyarthi, Advs. for the appearing parties.BApplicant-in-person.

The following Order of the Court was passed:

O R D E R

1. In pursuance of our order dated 28.05.2020 an affidavit, onCbehalf of Central Government sworn by Smt. Saheli Ghosh Roy, JointSecretary, Ministry of Home Affairs, has been filed. Reply affidavits/reports have also been filed by different States as well as UnionTerritories giving details of measures taken by different States and factsclaiming compliance of interim directions issued by this Court on28.05.2020. An application has also been filed on behalf of NationalDHuman Rights Commission seeking intervention in this matter as wellas praying for issuing various directions as indicated in the application.Various applications for intervention, on behalf of different individualsand organizations, have also been filed stating certain facts pertainingto problems of migrant labourers. Intervenors have also suggestedEvarious measures to redeem the situation.

2. We have heard Shri Tushar Mehta, learned Solicitor Generalof India, learned counsel appearing for different States, Shri Kapil Sibal,learned senior counsel, Dr. A.M. Singhvi, learned senior counsel, Smt.Indira Jaising, learned senior counsel, Shri K.V. Vishwanathan, learnedsenior counsel, Shri Colin Gonsalves, learned senior counsel and ShriFJaideep Gupta, learned senior counsel and other learned counsel whohave made submissions to assist the Court in this proceeding.

3. Shri Tushar Mehta, learned Solicitor General submits that theCentral Government, State Governments, all corona warriors and thewhole nation have responded to and dealt with the unprecedentedGpandemic. He submits that initially on 25.03.2020, when the Nationallockdown was declared, the first priority was to contain the spread ofvirus and to ensure that no human movement took place to one area toanother including the movement of migrant workers. However, afterassessing the overall situation, decision was taken on 29.04.2020 byHGovernment of India, Ministry of Home Affairs, allowing movement of migrant workers, pilgrims, students and other persons, who werestranded at different places. Order dated 01.05.2020 was issued by theGovernment of India, Ministry of Home Affairs issuing new guidelinesfor movement. On 02.05.2020, Ministry of Railways issued orderannouncing running of special Shramik trains to take the migrantlabourers to their destination. The Railway Ministry appointed nodalauthorities for different States. On the requisition, received from thedifferent States, Shramik trains were running to the destination. ShriTushar Mehta, learned Solicitor General, submits that from 01.05.2020to 03.06.2020 approximately 4228 Shramik trains were running fromdifferent States to carry the migrant workers to their destination. ShriTushar Mehta, learned Solicitor General, submits that by Shramik specialtrains approximately 57.22 lakh migrants have been shifted to variousdestinations located in Uttar Pradesh, Bihar, Jharkhand, Odisha, MadhyaPradesh etc. It is further stated in the affidavit that nearly 80% of thetrains are bound for Uttar Pradesh and Bihar and balance trains headedtowards Eastern India. Shri Tushar Mehta, learned Solicitor General,further submits that about 41 lakh migrant workers have been takenfrom their respective places to their desired destination through roadtransport. Shri Tushar Mehta, learned Solicitor General, submits thatMinistry of Railways has issued letters dated 29.05.2020 and 03.06.2020to Chief Secretaries of all the States and Union Territories on the subject“projected demand for movement of stranded persons by Shramik rail”.In response to the aforesaid letters, request has been received fromdifferent States for trains from 03.06.2020 to 16.06.2020 which is thelast date on which trains have been prayed for. He submits that thereare no demands from various States for any train. He as referred tochart, brought on the record as Annexure R-6, to the affidavit wheredetails of trains demanded from different States have been compiledwith.

4. Shri Tushar Mehta, learned Solicitor General, submits thatRailway Ministry has made it clear that any demand for Shramik specialtrain shall be met within 24 hours by the Railway Ministry and totaldemand, which is now pending is only 171 trains whereas Ministry hasearlier run 250 trains in one day. Shri Tushar Mehta submits that forthe train travel no fare is being asked from the migrant labourers andthe same is borne as per arrangement between originating State andreceiving State. He submits that in train journey food and water isprovided by the originating State and in journey for a period of more ABC

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Athan 12 hours one meal is also provided by railways. Shri Tushar Mehtasubmits that Central Government with the support of National HighwayAuthority of India is facilitating the shifting of migrant workers, whowere found walking on the roads, by providing them with the requisitetransport to the nearest railway stations. Shri Tushar Mehta submitsthat on account of opening of various industries, factories etc., inBpursuance of decision taken by Central Government and the guidelinesissued thereunder, several migrant workers, who were earlier willingto return to their native place have changed their mind and some ofthem have joined their places of work and are working. Shri TusharMehta has also submitted that in view of the fact that since severalCStates were not giving consent for accepting Shramik special train,despite demand, Ministry of Home Affairs issued an order on19.05.2020 removing need for consent. Shri Tushar Mehta submits thatunder various Central Government schemes like Antyodaya AnnaYojana food grains have been provided for every household. He submitsthat under Pradhan Mantri Garib Kalyan Anna Yojana @ 5 kg perDperson per month for a period of three months (April-June, 2020) isdistributed free of cost. Shri Tushar Mehta submits that demands, whichare already with the railways, shall be provided as prayed by the differentStates and if any further demand is received, the same shall be metwithin 24 hours by the railways.E5. The State of Maharashtra, State of NCT of Delhi and theState of Gujarat are the States from where substantial number ofmigrant workers were sent to their native places. These States havealso filed their replies which we shall notice hereinafter. An affidavithas been filed on behalf of State of Maharashtra. The affidavit states Fthat Government of Maharashtra has taken a policy decision on29.03.2020 to provide free of cost immediate relief to the persons,labourers, displaced workers including migrant labourers, who areaffected due to lockdown by way of establishing relief shelter camps.It is stated that Committees were constituted to provide and supervise the work. These Committees also identify the non-governmentalGorganisations and other groups of persons engaged in social work, whoare willing to help migrant labourers. Shri Chitnis, learned counsel,appearing for the State of Maharashtra submits that about 12 lakhsmigrant labourers have been sent to their native places. More than 5lakhs passengers have been ferried free of cost by buses ofHMaharashtra Road Transport Corporation. On a query by the Court, as to how many stranded migrant labourers are still in the State ofMaharashtra, Shri Chitnis submits that about 37,000 are still waiting toreturn. He submits that State of Maharashtra has requested for onlyone train to the railways. He further submits that registrations of migrantworkers are being done and a list of migrant labourers have beenprepared by the State and most of the labourers have been shifted torelief shelters where they are waiting for their turn to board the busesand trains. We may notice, at this stage, that although in the affidavit,the State claims that it is providing food and shelter to migrant workersand list of entire workers is prepared, such claim has been refuted indifferent affidavits and materials brought on the record by intervenorsand various individuals. It is submitted that there is no properarrangement of food to the migrant labourers nor there is any simplemanner of registration of the workers. There are huge lapses on thepart of the State authorities in implementing State policies and decisionsand most of the claims are only on paper causing great miseries andhardship to the migrant workers.

6. We are of the view that State has to take a more vigilant andconcentrated effort in identifying the migrant workers, who are stillstranded in State of Maharashtra and who are willing to return to theirnative places. The Government should publicise and announce the placesi.e police stations or any other suitable place for identifying/registeringthe workers, who have not yet been provided any train or bus journey.The State Supervisory Committee, District Supervisory Committee andits officials should ensure that all migrant labourers, who are willing togo to their native place, should be identified, provide them food andshelter and no complaint is received of not providing facility of journeyor food by the stranded migrant labourers.

7. Shri Sanjay Jain, Additional Solicitor General, has appearedfor NCT of Delhi. Shri Jain submits that from NCT of Delhi about 3lakhs migrant workers have been sent to their native places by 236 trainsand about 12,000 have been sent by buses. He submits that about 6.5lakh persons have already registered themselves at the web portal ofthe Government of NCT of Delhi. SMS and IVRs have been sent tothese registered persons for their travel back to their native place. Hesubmits that about 2 lakhs migrant labourers have chosen to not to goto their native places, presumably due to the fact that after opening ofthe industry and establishment they have reengaged themselves to the AB

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Awork. Shri Jain, however, submits that NCT of Delhi shall identify themigrant workers, who are willing to go to their native place and providenecessary rail and road transport facility to them. Shri Jain also submitsthat there are medical, screening and help desk centres to facilitate themigrant workers.

B8. A status report has also been filed on behalf of the State ofGujarat. Shri Maninder Singh, learned senior counsel, submits that till01.06.2020, more than 14 lakhs migrant workers have been sent to theirnative places by 999 Shramik trains. From 24.05.2020, no train faresfor Shramik trains are being charged from the migrant workers. Hesubmits that in Gujarat there were approximately 23 lakhs migrantCworkers, who were working at different places. Approximately 5,75,000workers have been sent by road transport to other States. He submitsthat out of 23 lakhs about 20,50,000 have already been sent. No busfare has been charged from inter-state migrant workers and shall notbe charged. The directions issued by this Court on 28.05.2020 are beingDcomplied with by the State. For registration an online portal “DigitalGujarat” has been set up by the Government and also a parallel,effective, decentralized system has also been worked out. Learnedcounsel for the State submits that once the name of migrant worker isincluded in the list, he or she gets to depart for the native State within4-5 days and they are informed accordingly. Several advisories wereEissued by the Labour Commissioner. The Government of Gujarat hasdecided to transfer Rs.1000/- directly to the account of workers includingmigrant labourers registered under the Building and other ConstructionsWorkers Welfare Board. Food is also provided under different scheme.Shri Maninder Singh also submits that only some of the workers may Fbe willing to go to native place, others have re-joined their employment.

9. The State of Uttar Pradesh has filed its detailed response inpursuance of our order dated 28.05.2020. Shri P.S. Narsimha, learnedsenior counsel, has appeared on behalf of State of Uttar Pradesh. ShriNarsimha submits that 25 lakh workers have successfully and safelyGreturned to their homes in the State. Shelter homes for migrant labourershave been set up. Uttar Pradesh State Road Transport Corporation byits buses ensuring that all migrant labourers reach their homes safelyand free of cost. The migrant labourers are sent for home quarantinefor 15 days and while leaving centre he is provided one ration kit aswell as a cash amount of Rs.1000/-. He submits that apart fromH

receiving migrants from other States special trains are also operatedfor sending migrant labourers from State of Uttar Pradesh and morethan 1 lakh migrant labourers have safely deported to the concernedStates. Shri Narsimha submits that at present there is no migrant labourleft in the State of Uttar Pradesh, who has to go to any State. Apartfrom Shramik trains, migrants have been brought by buses by the Stateof Uttar Pradesh from Delhi-U.P border as well as form other Statesi.e. from Rajasthan, Haryana, Uttarakhand, Madhya Pradesh. Buseshave also been sent to Rajasthan, Haryana, Madhya Pradesh, Bihar,Uttarakhand, Jharkhand and Chhattisgarh. Health and medical facilitieshave also been provided and shelter home arrangements for food isalso been made by the State Government and there is inspection andsupervision to all facilities. With regard to those migrants, who werefound walking on the road, pick-up and drop points have been madeon National Highways and the migrants are taken to shelter homes orquarantine centre. With regard to interim directions, issued by this Courton 28.05.2020, details of compliance have been incorporated in thereply. Shri Narsimha further submits that the State Government is alsotaking steps for providing more and more employment to migrantlabourers who have come in the State. Several institutions have proposedto provide opportunity for employment in their industrial units of about11 lakh migrants.

10. Shri Ranjit Kumar, learned senior counsel, has placed responseon behalf of State of Bihar. It is submitted that about 28 lakh migrantshave returned to the State of Bihar. The migrants have returned bothby train as well as by road transport. The State has set up camps. TheState is in the process of setting up District Counselling Centre formigrant labourers, who shall examine the skill level of the skilled/unskilled labourers and suggest the options of employment available inthe State. The State has also provided Rs.1000/- to each migrant ofBihar stranded outside the State.

11. A status report on behalf of State of Madhya Pradesh hasalso been filed. It is submitted by learned counsel that about 14 lakhmigrant labourers have returned to the State and there are only 25,000workers, who remained to come back in the State of Madhya Pradesh.Government has deployed buses to bring migrant labourers from otherStates. The State proposed to undertake survey of migrant labourersand the labourers will be registered under different schemes to provide AB

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Apossible employment to them. Control room has been established forhelping migrant labourers. With regard to direction issued by this Courton 28.05.2020, details of steps taken by the State has also beenenumerated.

12. Dr. Manish Singhvi, learned senior counsel appearing for theBState of Rajasthan, submits that about 13.6 lakh migrant labourers havereturned back and there are not many migrant labourers, who are leftin the State of Rajasthan to awaiting return to their native places.

13. Learned counsel for the State of Karnataka submits that thereare less than 1 lakh stranded migrant workers, who are still awaitingCreturn. He further submits that due to opening of the industries in theBangalore and other areas, most of the workers have re-joined theiremployment.

14. Learned counsel for the State of Kerala submits that 1.53lakh workers have been transferred to 100 Shramik trains. There areD1.2 lakh workers still awaiting for return.

15. State of West Bengal has also filed affidavit in complianceof order dated 28.05.2020. Learned counsel submits that 6,82,558workers are still to come to West Bengal, who are in different States.Learned counsel for the State has stated that State is willing toEaccommodate as many special trains as are further required byoriginating State. For travel by special trains, the entire cost, on behalfof the migrants, is being borne by the State of West Bengal. State hasfurther stated that despite severe cyclone AMPHAN and the disastercaused by the natural calamity, Government of West Bengal remainscommitted to steadily bring back the migrant workers through aFsystematic process. Learned counsel submits that Government of WestBengal demanded 17 trains for migrant workers, who are stranded there.Learned counsel submits that in a short period, not more than twoweeks, all stranded workers shall be send to their native places.

16. We have also heard learned counsel appearing for the otherGStates as well as Union Territories. More or less similar submissionshave been made except the difference in figours of migrant workersstranded and those, who have come to States.

17. After hearing the learned Solicitor General as well as learnedcounsel appearing for the different States and Union Territories, weHhave also heard some of the learned counsel, who have appeared to assist the Court by giving their suggestions to ameliorate the conditionsof the migrant workers.

18. Shri Kapil Sibal, learned senior counsel, made twosubmissions. He submits that the Central Government may be directedto bring on record the guidelines for the Minimum Standards of Reliefto be provided to the persons effected by the disaster as contemplatedin Section 12 of the Disaster Management Act, 2005. With regard tothe migrant workers, who are still stranded in different places, Shri Sibalsubmits that States should evolve decentralised process for registrationof migrants so that their request for return to their native place beimmediately attended to. He submits that the migrants can be asked toregister at police station in whose jurisdiction they are residing for thetime being.

19. Mrs. Indira Jaising, learned senior counsel, submits that tensof thousands of workers are yet to return. She submits that number oftrains which are sought at different States are not sufficient whereasnumber of workers are much more and State should demand more trainsto facilitate immediate transportation of workers. She submits thatregistration process should be simplified i.e. it is submitted that Stateof Tamil Nadu has hired a third-party contractor to do the registration.It has come with a form requiring filling of 21 answers in English, whichis causing great difficulties to the migrants, most of whom are illiterate.The shortage of trains and buses should be immediately taken care bythe State. It is submitted that workers spent significant money to reachhome. Mrs. Indira Jaising further submits that throughout the countryquarantine centres were reported to be filthy, unclean toilets withmedical facilities missing, food distribution is also not happening asclaimed. She submits that cash assistance be given to migrant workersat least of Rs.7500/-. Information of train by publicising on T.V., AllIndia Radio and Newspapers so that there is no confusion about thetime, place and destination of the trains. Compensation be also providedto the migrant workers. It is further submitted that in view of theFinance Minister’s announcement on 14.05.2020, promising 5 kgs ofgrain per person and 1 kg of Chana Dal to per family per month freeof cost for two months, the said be directed to be implemented withintwo weeks.

20. Shri Collin Gonsalvis, learned Senior Counsel submits thatstates should allow the migrant workers to register at Police Stations/

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ARailway stations. He further submits that migrant workers who reachto their native place if found Asymptomatic should not be quarantinedand Quarantine Centres be used only for symptomatic migrants only.

21. Dr. Abhishek Manu Singhvi, learned senior counsel, has alsomade suggestions regarding identification of stranded migrant labourers,Bsetting up of reception/facilitation centres, formulation of Nation-Wideplan, formulation of scheme for medicine, food & shelter, release offinancial relief announced, formulation of scheme for employment,education, well-being and launch awareness programmes.

22. Shri K.V. Vishwanathan, learned senior counsel, has referredCto NLS-Migrant Mazdoor Program. Under which 180 migrants wereair lifted from Mumbai to Jharkhand. He submits that NLS-MigrantMazdoor Program, is an initiative by few alumni of the National LawSchool of India University, Bengaluru.

23. Mr. Jaideep Gupta, learned senior counsel, has also prayedDfor direction for direct transfer by Central Government. He submittedabout payment of compensation by railways on account of death.

24. An application was filed by National Human RightsCommission for intervention, which has been allowed. In the applicationthe National Human Rights Commission has referred to six instancesEwhere the National Human Right Commission has taken suo motucognizance of the issues and had issued notices to various Governmentdepartments. We have no doubt that National Human RightsCommission shall take those proceedings to its logical end. NationalHuman Rights Commission has also suggested certain short-termmeasures and long-term measures to ameliorate the conditions of theFmigrant workers. Reference of enactments, namely, Inter-state MigrantWorkmen (Regulations of Employment and Conditions of Service) Act,1979 as well as Construction Workers (Regulation of Employment andConditions of Service) Act, 1996 have been made to. Reference hasalso been made to Unorganised Workers’ Social Security Act, 2008.GWith regard to working of the aforesaid enactments and the measurestaken by the different States, we shall consider the response of theStates and thereafter shall consider the issues raised regardingshort-term measures and long-term measures.

25. It has also been brought before us that various High Courtshave also taken notice of cases of migrant labourers. High Courts beingH

constitutional Courts are well within their jurisdiction to take cognizanceof violation of fundamental rights of migrant workers and we have nodoubt that those proceedings shall proceed after considering all aspectsincluding the response of concerned authorities.

26. As noted above, the State and Union Territories in theiraffidavits have referred to various measures, the orders and guidelinesissued by the Central Government, the orders issued by the NationalExecutive Committee under the Disaster Management Act, 2005,policies and decisions taken by the concerned States. The States andUnion Territories claimed to be following all directions and policies andtaking necessary steps for running the relief camps, shelter camps,attending the needs of food and water of the migrants, attending therequirement of transportation of migrant workers to their native places.There can be no exception to the policies and intentions of the Statebut what is important is that those on whom implementation of circulars,policies and schemes are entrusted are efficiently and correctlyimplementing those schemes. Lapses and short-comings in implementingthe schemes and policies have been highlighted by various intervenorsin their applications and affidavits. The responsibility of the States/UnionTerritories is not only to referring their policy, measures contemplated,funds allocated but there has to be strict vigilance and supervision asto whether those measures, schemes, benefits reaches to those to whomthey are meant. We impress on States and Union Territories tostreamline the vigilance and supervision of actions of their officers andstaff and take appropriate action where required. We also have no doubtthat most of the officers, staff of administration and police aredischarging their duties with devotion and hard-work but the lapses haveto be taken note of and remedial action be taken. We further noticefrom the materials on record that police officers of States, para-militaryforces wherever deployed are doing commendable job but someinstances of excess with regard to migrant labourers are also there.The migrant labourers, who were forced to proceed to their native place,after cessation of their employment are already suffering. The Financialdifficulty being with all the migrant labourers invariably they have todealt by the police and other authorities in a humane manner. Theconcerned Director General of Police/Police Commissioner may issuenecessary directions in this regard.

27. We may also notice one more fact. Although it is theresponsibility and duty of the States and Union Territories to take care A

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Aof all the needs of migrant labourers but in this difficult time non-governmental organisations and individuals have also contributed andplayed an important role in extending helping hand to the migrants. Thesociety as a whole was moved by miseries and difficulties of migrantlabourers and it exhibited its passion and devotion by way of individuals.Non-governmental organisations coming forward to help the migrantBworkers and to fight the pandemic and extend help by providing food,water and transportation at their cost which deserves all appreciation.

28. The foregoing discussions reveal that as far as transportationof migrant workers to their native places by train, road or other meansare concerned, substantial portion of stranded workers have alreadyCbeen accompliced by the State Governments, railways and otherorganisations. But still there are stranded migrant labourers in differentStates specially in State of Maharashtra, NCT of Delhi, State of WestBengal, State of Tamil Nadu and State of Gujarat. The schedule ofdemand of train, as brought on the record by learned Solicitor General,Dindicate that the total demand of trains by the States and UnionTerritories is 171 running from 03.06.2020 to 16.06.2020. The processof transportation by rail and road has to be completed by all States andUnion Territories so that the next stage of attending the needs of migrantlabourers be looked into i.e. source of employment and providing foodand ration for them. All the learned counsel for the States are agreeableEthat within maximum 15 days, all stranded workers will be transportedfrom places where they are stranded.

29. We, thus, direct that all the States/Union Territories totransport all stranded workers by train, bus or other mode within 15days from today.F

30. For identifying the migrant workers in different States, theprotocol of registration is already invoked. We are further of the viewas already directed vide order dated 28.05.2020 that the process ofregistration be simplified. We are of the view that identification ofmigrant workers be immediately completed by all the States/UnionGTerritories and those migrant workers, who are not yet registered,immediate steps be taken by decentralising the process of registrationby providing facility of registration to the migrant workers at nearbyplaces including police stations and other places of local administrationas may be notified. The information regarding journey by train and bus,Hwhich is to be undertaken by stranded workers should be publicise through local newspapers, local T.V. channels so that necessaryinformation reaches to concerned migrant workers.

31. As noted above, majority of stranded workers have reachedat their native places. The second major task which has now to beundertaken by the concerned States and Union Territories is of takingcare of those migrant workers/labourers who have returned to theirnative places after cessation of their employment. The first step in thisregard is to maintain record of all such migrant workers, who havearrived at different places, towns in different States. The details ofmigrant workers, nature of their skill, place of their earlier employmentbe maintained in prescribed proforma to be formulated by the concernedState at village level, block level and the district level so that necessaryhelps can be extended by the State authorities and district authoritiesto these migrant labourers. Counselling centres be set up by theconcerned State at block level and the district level to provide allinformation regarding Government schemes and other avenues ofemployment to these workers and where possible to expand the avenuesof employment to these workers so that they may not sit idle and theymay be utilised as a resource by the State. Various counsel appearingfor the States and other counsel have also submitted that some of themigrant labourers, who got themselves registered to return to their nativeplace have changed their mind and after reopening of the industriesand factories they have re-joined employment and are not willing toreturn. It is further submitted that some of the migrant workers whohave returned to native place, now are willing to come back to theirplace of employment and are ready to undertake return journey in searchof the employment. The State may also provide necessary informationand facilitate the return of the workers who want to return to theiremployment. Necessary information should be provided by the Statein this regard by creating help desk with the help of railway authoritiesand road transport authorities. Apart from schemes, which are run bythe Central Government for the benefit of people in the country, eachState have also their own schemes taking care of different aspectsincluding providing avenues for employment. Migrant labourers andother needy persons should be made aware of all schemes throughcounselling centres and help desk which may be established by the Statesat district levels and block levels to extend helping hand to large numberof migrant workers. We are also of the view that all States and UnionTerritories should bring on record the different schemes which are AB

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Aenforced in the concerned State which may benefit these migrantlabourers so that it may also be examined by this Court for issuingappropriate direction in that regard.

32. We, thus, grant further two weeks’ time to all the States andUnion Territories to submit additional affidavits in response to variousBaspects, as noticed in this order. The Central Government may also bringon record the different schemes which can be taken by migrant labourerwhich may also be taken by additional affidavit within two weeks.

33. The National Disaster Management Authority in exercise ofpower under Section 6(2)(i) decided to direct the Ministries/DepartmentsCof Government of India, State Governments and State Authorities totake measures for ensuring Social Distancing so as to prevent the spreadof Covid-19 in the country w.e.f. 25.03.2020 for twenty-one days.Necessary guidelines were also issued on 24.03.2020 by theGovernment of India, Ministry of Home Affairs. The migrant labourerson account of Lockdown measures enforced w.e.f. 25.03.2020, and dueDto closure of their place of work/source of employment started movingin several parts of the Country to reach their hometown. TheGovernment of India, Ministry of Home Affairs noticed this fact on29.03.2020 in following words: -

“Whereas, movement of large number of migrants have takenEplace in some parts of the country so as to reach their hometown,this is the violation of Lockdown measures of maintaining SocialDistance.”

Under the guidelines, movement by migrants also constituted anoffence under Section 51 of Disaster Management Act, 2005. PoliceFAuthorities started stopping such movements and also registered certainFirst Information Reports against the migrant labourers. The movementof migrant labourers, tourists and students was permitted by theGovernment only w.e.f. 29.04.2020. There may be First InformationReports or complaints against migrant labourers alleging violation ofGLockdown measures in moving on roads. The migrant labourers whowere earning their bread by working in different establishments due tocessation of work were forced to move to their hometown. The actionof movement of these migrant labourers after enforcement of theLockdown measures was by force of circumstances. We are of theview that the State may consider withdrawing Prosecution/ComplaintsH

lodged against such migrant labourers for the offences as referred toin Section 51 of the Disaster Management Act, 2005 and other relatedoffences lodged against the migrant labourers during the period ofLockdown under Disaster Management Act, 2005.

34. In view of the foregoing discussions, we are of the view thatapart from what has been indicated above certain further directions arenecessary to be issued to ameliorate the conditions of the migrantworkers pending consideration of other issues as noticed above.

35. We, thus, in addition to directions already issued by our orderdated 28.05.2020 and measures as directed above, issue followingfurther directions to the Central Government, all States and UnionTerritories:

(1) All the States/Union Territories shall take all necessarysteps regarding identification of stranded migrantworkers in their State which are willing to return to theirnative places and take steps for their return journey bytrain/bus which process may be completed within aperiod of 15 days from today.

(2) In event of any additional demand, in addition to demandof 171 Shramik trains, as noticed above, railway shallprovide Shramik trains within a period of 24 hours assubmitted by learned Solicitor General to facilitate thereturn journey of migrant workers.

(3) The Central Government may give details of all schemeswhich can be availed by migrant workers who havereturned to their native places.

(4) All States and Union Territories shall also give detailsof all schemes which are current in the State, benefitof which can be taken by the migrant labourers includingdifferent schemes for providing employment.

(5) The State shall establish counselling centres, help deskat block and district level to provide all necessaryinformation regarding schemes of the Government andto extend helping hand to migrant labourers to identifyavenues of employment and benefits which can beavailed by them under the different schemes.

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A(6) The details of all migrant labourers, who have reachedtheir native places, shall be maintained with details oftheir skill, nature of employment, earlier place ofemployment. The list of migrant labourers shall bemaintained village wise, block wise and district wise tofacilitate the administration to extend benefit of differentBschemes which may be applicable to such migrantworkers.

(7) The counselling centres, established, as directed above,shall also provide necessary information by extendinghelping hand to those migrant workers who haveCreturned to their native places and who want to returnto their places of employment.

(8) All concerned States/UTs to consider withdrawal ofprosecution/complaints under Section 51 of DisasterManagement Act and other related offences lodgedDagainst the migrant labourers who alleged to haveviolated measures of Lockdown by moving on roadsduring the period of Lockdown enforced under DisasterManagement Act, 2005.

36. List the matter on 08.07.2020.

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Divya Pandey

Directions issued.

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