IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus IN RE:

Citation: [2020] 9 S.C.R. 1 · Decided: 09-06-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN, SANJAY KISHAN KAUL, M.R. SHAH · Disposal: Directions issued

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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[2020] 9 S.C.R. 1
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IN RE : PROBLEMS AND MISERIES
OF MIGRANT LABOURERS
(Suo Motu Writ Petition (Civil) No. 6 of 2020)
JUNE 09, 2020
[ASHOK BHUSHAN, SANJAY KISHAN KAUL
AND M. R. SHAH, JJ.]
Cognizance – Suo motu cognizance – Covid-19 Pandemic –
Movement/problems of migrant labourers – In addition to directions
issued by order dated 28.05.2020, held: In view of certain lapses
and short-comings in implementation of the schemes and policies,
States and UTs to streamline the vigilance and supervision of
actions of their officers and staff and take appropriate action
where required – With respect to some instances of excess with
regard to migrant labourers, the concerned DGP/Police
Commissioner may issue necessary directions – State may also
consider withdrawing prosecution/complaints lodged against
migrant labourers for offences referred to in s.51, 2005 Act and
other related offences lodged during lockdown – States/UTs to
transport remaining stranded workers by train, bus or other mode
within 15 days from today – Counselling centres be set up by the
concerned State at block level and district level to provide
information regarding government schemes and other avenues of
employment to the workers who reached their native places – State
may facilitate the return of workers who want to return to their
employment – Further directions issued to ameliorate the conditions
of migrant workers pending consideration of other issues –
Disaster Management Act, 2005 – ss.6(2)(i), 12 & 51 – Inter-State
Migrant Workmen (Regulations of Employment and Conditions of
Service) Act, 1979 – Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 – Unorganised
Workers’ Social Security Act, 2008.
Issuing directions, the Court
HELD: 1.1 The State and Union Territories in their
affidavits have referred to various measures, the orders and
guidelines issued by the Central Government, the orders issued
by the National Executive Committee under the Disaster
Management Act, 2005, policies and decisions taken by the
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SUPREME COURT REPORTS
[2020] 9 S.C.R.
concerned States. The States and Union Territories claimed to
be following all directions and policies and taking necessary
steps for running the relief camps, shelter camps, attending the
needs of food and water of the migrants, attending the
requirement of transportation of migrant workers to their native
places. There can be no exception to the policies and intentions
of the State but what is important is that those on whom
implementation of circulars, policies and schemes are entrusted
are efficiently and correctly implementing those schemes.
Lapses and short-comings in implementing the schemes and
policies have been highlighted by various intervenors in their
applications and affidavits. It is impressed on States and Union
Territories to streamline the vigilance and supervision of actions
of their officers and staff and take appropriate action where
required. It is further noticed from the materials on record that
police officers of States, para-military forces wherever deployed
are doing commendable job but some instances 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 financial
difficulty being with all the migrant labourers invariably they have
to dealt by the police and other authorities in a humane manner.
The concerned Director General of Police/Police Commissioner
may issue necessary directions in this regard. [Para 26]
[15-B-G]
1.2 As far as transportation of migrant workers to their
native places by train, road or other means are concerned,
substantial portion of stranded workers have already been
accompliced by the State Governments, railways and other
organisations. But still there are stranded migrant labourers in
different 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,
indicate that the total demand of trains by the States and Union
Territories is 171 running from 03.06.2020 to 16.06.2020. All
the States/Union Territories are directed to transport all stranded
workers by train, bus or other mode within 15 days from today.
[Para 28][16-C-E]
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1.3 For identifying the migrant workers in different States,
the protocol of registration is al

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