Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTU WRIT PETITION (CIVIL) No(s).6/2020
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS
O R D E R
1. In pursuance of our order dated 28.05.2020 an
affidavit, on behalf of Central Government sworn by Smt.
Saheli Ghosh Roy, Joint Secretary, Ministry of Home
Affairs, has been filed. Reply affidavits/reports have
also been filed by different States as well as Union
Territories giving details of measures taken by different
States and facts claiming compliance of interim
directions issued by this Court on 28.05.2020. An
application has also been filed on behalf of National
Human Rights Commission seeking intervention in this
matter as well as praying for issuing various directions
as indicated in the application. Various applications for
intervention, on behalf of different individuals and
organizations, have also been filed stating certain facts
pertaining to problems of migrant labourers. Intervenors
have also suggested various measures to redeem the
Signature Not Verified
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.06.09
15:22:05 IST
Reason:
situation.
1
2. We have heard Shri Tushar Mehta, learned Solicitor
General of 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,
learned senior counsel, Shri Colin Gonsalves, learned
senior counsel and Shri Jaideep Gupta, learned senior
counsel and other learned counsel who have made
submissions to assist the Court in this proceeding.
3.
Shri Tushar Mehta, learned Solicitor General submits
that the Central Government, State Governments, all
corona warriors and the whole nation have responded to
and dealt with the unprecedented pandemic. He submits
that initially on 25.03.2020, when the National lockdown
was declared, the first priority was to contain the
spread of vires and to ensure that no human movement took
place to one area to another including the movement of
migrant workers. However, after assessing the overall
situation, decision was taken on 29.04.2020 by Government
of India, Ministry of Home Affairs, allowing movement of
migrant workers, pilgrims, students and other persons,
who were stranded at different places. Order dated
01.05.2020 was issued by the Government of India,
2
Ministry of Home Affairs issuing new guidelines for
movement. On 02.05.2020, Ministry of Railways issued
order announcing running of special Shramik trains to
take the migrant labourers to their destination. The
Railway Ministry appointed nodal authorities for
different States. On the requisition, received from the
different States, Shramik trains were running to the
destination. Shri Tushar Mehta, learned Solicitor
General, submits that from 01.05.2020 to 03.06.2020
approximately 4228 Shramik trains were running from
different States to carry the migrant workers to their
destination. Shri Tushar Mehta, learned Solicitor
General, submits that by Shramik special trains
approximately 57.22 lakh migrants have been shifted to
various destinations located in Uttar Pradesh, Bihar,
Jharkhand, Odisha, Madhya Pradesh etc. It is further
stated in the affidavit that nearly 80% of the trains are
bound for Uttar Pradesh and Bihar and balance trains
headed towards Eastern India. Shri Tushar Mehta, learned
Solicitor General, further submits that about 41 lakh
migrant workers have been taken from their respective
places to their desired destination through road
transport. Shri Tushar Mehta, learned Solicitor General,
3
submits that Ministry of Railways has issued letters
dated 29.05.2020 and 03.06.2020 to 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 from different States for
trains from 03.06.2020 to 16.06.2020 which is the last
date on which trains have been prayed for. He submits
that there are no demands from various States for any
train. He as referred to chart, brought on the record as
Annexure R-6, to the affidavit where details of trains
demanded from different States have been compiled with.
4. Shri Tushar Mehta, learned Solicitor General, submits
that Railway Ministry has made it clear that any demand
for Shramik special train shall be met within 24 hours by
the Railway Ministry and total demand, which is now
pending is only 171 trains whereas Ministry has earlier
run 250 trains in one day. Shri Tushar Mehta submits that
for the train travel no fare is being asked from the
migrant labourers and the same is borne as per
arrangement between originating State and receiving
State. He submits that in train journey food and water is
provided by the originating State and in journey for a
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period of more than 12 hours one meal is also provided by
railways. Shri Tushar Mehta submits that Central
Government with the support of National Highway Authority
of India is facilitating the shifting of migrant workers,
who were found walking on the roads, by providing them
with the requisite transport to the nearest railway
stations. Shri Tushar Mehta submits that on account of
opening of various industries, factories etc., in
pursuance of decision taken by Central Government and the
guidelines issued thereunder, several migrant workers,
who were earlier willing to return to their native place
have changed their mind and some of them have joined
their places of work and are working. Shri Tushar Mehta
has also submitted that in view of the fact that since
several States were not giving consent for accepting
Shramik special train, despite demand, Ministry of Home
Affairs issued an order on 19.05.2020 removing need for
consent. Shri Tushar Mehta submits that under various
Central Government schemes like Antyodaya Anna Yojana
food grains have been provided for every household. He
submits that under Pradhan Mantri Garib Kalyan Anna
Yojana @ 5 kg per person per month for a period of three
months (April-June, 2020) is distributed free of cost.
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Shri Tushar Mehta submits that demands, which are already
with the railways, shall be provided as prayed by the
different States and if any further demand is received,
the same shall be met within 24 hours by the railways.
5.
The State of Maharashtra, State of NCT of Delhi and
the State of Gujarat are the States from where
substantial number of migrant workers were sent to their
native places. These States have also filed their replies
which we shall notice hereinafter. An affidavit has been
filed on behalf of State of Maharashtra. The affidavit
states that Government of Maharashtra has taken a policy
decision on 29.03.2020 to provide free of cost immediate
relief to the persons, labourers, displaced workers
including migrant labourers, who are affected 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-governmental organisations and other groups of
persons engaged in social work, who are willing to help
migrant labourers. Shri Chitnis, learned counsel,
appearing for the State of Maharashtra submits that about
12 lakhs migrant labourers have been sent to their native
places. More than 5 lakhs passengers have been ferried
6
free of cost by buses of Maharashtra Road Transport
Corporation. On a query by the Court, as to how many
stranded migrant labourers are still in the State of
Maharashtra, Shri Chitnis submits that about 37,000 are
still waiting to return. He submits that State of
Maharashtra has requested for only one train to the
railways. He further submits that registrations of
migrant workers are being done and a list of migrant
labourers have been prepared by the State and most of the
labourers have been shifted to relief shelters where they
are waiting for their turn to board the buses and trains.
We may notice, at this stage, that although in the
affidavit, the State claims that it is providing food and
shelter to migrant workers and list of entire workers is
prepared, such claim has been refuted in different
affidavits and materials brought on the record by
intervenors and various individuals. It is submitted that
there is no proper arrangement of food to the migrant
labourers nor there is any simple manner of registration
of the workers. There are huge lapses on the part of the
State authorities in implementing State policies and
decisions and most of the claims are only on paper
causing great miseries and hardship to the migrant
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workers.
6.
We are of the view that State has to take a more
vigilant and concentrated effort in identifying the
migrant workers, who are still stranded in State of
Maharashtra and who are willing to return to their native
places. The Government should publicise and announce the
places i.e police stations or any other suitable place
for identifying/registering the workers, who have not yet
been provided any train or bus journey. The State
Supervisory Committee, District Supervisory Committee and
its officials should ensure that all migrant labourers,
who are willing to go to their native place, should be
identified, provide them food and shelter and no
complaint is received of not providing facility of
journey or food by the stranded migrant labourers.
7.
Shri Sanjay Jain, Additional Solicitor General, has
appeared for NCT of Delhi. Shri Jain submits that from
NCT of Delhi about 3 lakhs migrant workers have been sent
to their native places by 236 trains and about 12,000
have been sent by buses. He submits that about 6.5 lakh
persons have already registered themselves at the web
portal of the Government of NCT of Delhi. SMS and IVRs
have been sent to these registered persons for their
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travel back to their native place. He submits that about
2 lakhs migrant labourers have chosen to not to go to
their native places, presumably due to the fact that
after opening of the industry and establishment they have
reengaged themselves to the work. Shri Jain, however,
submits that NCT of Delhi shall identify the migrant
workers, who are willing to go to their native place and
provide necessary rail and road transport facility to
them. Shri Jain also submits that there are medical,
screening and help desk centres to facilitate the migrant
workers.
8.
A status report has also been filed on behalf of the
State of Gujarat. Shri Maninder Singh, learned senior
counsel, submits that till 01.06.2020, more than 14 lakhs
migrant workers have been sent to their native places by
999 Shramik trains. From 24.05.2020, no train fares for
Shramik trains are being charged from the migrant
workers. He submits that in Gujarat there were
approximately 23 lakhs migrant workers, who were working
at different places. Approximately 5,75,000 workers have
been sent by road transport to other States. He submits
that out of 23 lakhs about 20,50,000 have already been
sent. No bus fare has been charged from inter-state
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migrant workers and shall not be charged. The directions
issued by this Court on 28.05.2020 are being complied
with by the State. For registration an online portal
“Digital Gujarat” has been set up by the Government and
also a parallel, effective, decentralized system has also
been worked out. Learned counsel for the State submits
that once the name of migrant worker is included in the
list, he or she gets to depart for the native State
within 4-5 days and they are informed accordingly.
Several advisories were issued by the Labour
Commissioner. The Government of Gujarat has decided to
transfer Rs.1000/- directly to the account of workers
including migrant labourers registered under the Building
and other Constructions Workers Welfare Board. Food is
also provided under different scheme. Shri Maninder Singh
also submits that only some of the workers may be willing
to go to native place, others have re-joined their
employment.
9.
The State of Uttar Pradesh has filed its detailed
response in pursuance of our order dated 28.05.2020. Shri
P.S. Narsimha, learned senior counsel, has appeared on
behalf of State of Uttar Pradesh. Shri Narsimha submits
that 25 lakh workers have successfully and safely
10
returned to their homes in the State. Shelter homes for
migrant labourers have been set up. Uttar Pradesh State
Road Transport Corporation by its buses ensuring that all
migrant labourers reach their homes safely and free of
cost. The migrant labourers are sent for home quarantine
for 15 days and while leaving centre he is provided one
ration kit as well as a cash amount of Rs.1000/-. He
submits that apart from receiving migrants from other
States special trains are also operated for sending
migrant labourers from State of Uttar Pradesh and more
than 1 lakh migrant labourers have safely deported to the
concerned States. Shri Narsimha submits that at present
there is no migrant labour left in the State of Uttar
Pradesh, who has to go to any State. Apart from Shramik
trains, migrants have been brought by buses by the State
of Uttar Pradesh from Delhi-U.P border as well as form
other States i.e. from Rajasthan, Haryana, Uttarakhand,
Madhya Pradesh. Buses have also been sent to Rajasthan,
Haryana, Madhya Pradesh, Bihar, Uttarakhand, Jharkhand
and Chhattisgarh. Health and medical facilities have also
been provided and shelter home arrangements for food is
also been made by the State Government and there is
inspection and supervision to all facilities. With regard
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to those migrants, who were found walking on the road,
pick-up and drop points have been made on National
Highways and the migrants are taken to shelter homes or
quarantine centre. With regard to interim directions,
issued by this Court on 28.05.2020, details of compliance
have been incorporated in the reply. Shri Narsimha
further submits that the State Government is also taking
steps for providing more and more employment to migrant
labourers who have come in the State. Several
institutions have proposed to provide opportunity for
employment in their industrial units of about 11 lakh
migrants.
10. Shri Ranjit Kumar, learned senior counsel, has placed
response on behalf of State of Bihar. It is submitted
that about 28 lakh migrants have returned to the State of
Bihar. The migrants have returned both by train as well
as by road transport. The State has set up camps. The
State is in the process of setting up District
Counselling Centre for migrant labourers, who shall
examine the skill level of the skilled/unskilled
labourers and suggest the options of employment available
in the State. The State has also provided Rs.1000/- to
each migrant of Bihar stranded outside the State.
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11. A status report on behalf of State of Madhya Pradesh
has also been filed. It is submitted by learned counsel
that about 14 lakh migrant labourers have returned to the
State and there are only 25,000 workers, who remained to
come back in the State of Madhya Pradesh. Government has
deployed buses to bring migrant labourers from other
States. The State proposed to undertake survey of migrant
labourers and the labourers will be registered under
different schemes to provide possible employment to them.
Control room has been established for helping migrant
labourers. With regard to direction issued by this Court
on 28.05.2020, details of steps taken by the State has
also been enumerated.
12.
Dr. Manish Singhvi, learned senior counsel appearing
for the State of Rajasthan, submits that about 13.6 lakh
migrant labourers have returned back and there are not
many migrant labourers, who are left in the State of
Rajasthan to awaiting return to their native places.
13.
Learned counsel for the State of Karnataka submits
that there are less than 1 lakh stranded migrant workers,
who are still awaiting return. He further submits that
due to opening of the industries in the Bangalore and
13
other areas, most of the workers have re-joined their
employment.
14.
Learned counsel for the State of Kerala submits that
1.53 lakh workers have been transferred to 100 Shramik
trains. There are 1.2 lakh workers still awaiting for
return.
15.
State of West Bengal has also filed affidavit in
compliance of order dated 28.05.2020. Learned counsel
submits that 6,82,558 workers are still to come to West
Bengal, who are in different States. Learned counsel for
the State has stated that State is willing to accommodate
as many special trains as are further required by
originating State. For travel by special trains, the
entire cost, on behalf of the migrants, is being borne by
the State of West Bengal. State has further stated that
despite severe cyclone AMPHAN and the disaster caused by
the natural calamity, Government of West Bengal remains
committed to steadily bring back the migrant workers
through a systematic process. Learned counsel submits
that Government of West Bengal demanded 17 trains for
migrant workers, who are stranded there. Learned counsel
submits that in a short period, not more than two weeks,
all stranded workers shall be send to their native
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places.
16.
We have also heard learned counsel appearing for the
other States as well as Union Territories. More or less
similar submissions have been made except the difference
in figours of migrant workers stranded and those, who
have come to States.
17.
After hearing the learned Solicitor General as well
as learned counsel appearing for the different States and
Union Territories, we have also heard some of the learned
counsel, who have appeared to assist the Court by giving
their suggestions to ameliorate the conditions of the
migrant workers.
18.
Shri Kapil Sibal, learned senior counsel, made two
submissions. He submits that the Central Government may
be directed to bring on record the guidelines for the
Minimum Standards of Relief to be provided to the persons
effected by the disaster as contemplated in Section 12 of
the Disaster Management Act, 2005. With regard to the
migrant workers, who are still stranded in different
places, Shri Sibal submits that States should evolve
decentralised process for registration of migrants so
that their request for return to their native place be
immediately attended to. He submits that the migrants can
15
be asked to register at police station in whose
jurisdiction they are residing for the time being.
19.
Mrs. Indira Jaising, learned senior counsel, submits
that tens of thousands of workers are yet to return. She
submits that number of trains which are sought at
different States are not sufficient whereas number of
workers are much more and State should demand more trains
to facilitate immediate transportation of workers. She
submits that registration process should be simplified
i.e. it is submitted that State of 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, which is causing great difficulties to the
migrants, most of whom are illiterate. The shortage of
trains and buses should be immediately taken care by the
State. It is submitted that workers spent significant
money to reach home. Mrs. Indira Jaising further submits
that throughout the country quarantine centres were
reported to be filthy, unclean toilets with medical
facilities missing, food distribution is also not
happening as claimed. She submits that cash assistance be
given to migrant workers at least of Rs.7500/-.
Information of train by publicising on T.V., All India
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Radio and Newspapers so that there is no confusion about
the time, place and destination of the trains.
Compensation be also provided to the migrant workers. It
is further submitted that in view of the Finance
Minister’s announcement on 14.05.2020, promising 5 kgs of
grain per person and 1 kg of Chana Dal to per family per
month free of cost for two months, the said be directed
to be implemented within two weeks.
20.
Shri Collin Gonsalvis, learned Senior Counsel submits
that states should allow the migrant workers to register
at Police Stations/Railway stations. He further submits
that migrant workers who reach to their native place if
found Asymptomatic should not be quarantined and
Quarantine Centres be used only for symptomatic migrants
only.
21.
Dr. Abhishek Manu Singhvi, learned senior counsel,
has also made suggestions regarding identification of
stranded migrant labourers, setting up of
reception/facilitation centres, formulation of Nation-
Wide plan, formulation of scheme for medicine, food &
shelter, release of financial relief announced,
formulation of scheme for employment, education, well-
being and launch awareness programmes.
17
22. Shri K.V. Vishwanathan, learned senior counsel, has
referred to NLS-Migrant Mazdoor Program. Under which 180
migrants were air lifted from Mumbai to Jharkhand. He
submits that NLS-Migrant Mazdoor Program, is an
initiative by few alumni of the National Law School of
India University, Bengaluru.
23.
Mr. Jaideep Gupta, learned senior counsel, has also
prayed for direction for direct transfer by Central
Government. He submitted about payment of compensation by
railways on account of death.
24. An application was filed by National Human Rights
Commission for intervention, which has been allowed. In
the application the National Human Rights Commission has
referred to six instances where the National Human Right
Commission has taken suo motu cognizance of the issues
and had issued notices to various Government departments.
We have no doubt that National Human Rights Commission
shall take those proceedings to its logical end. National
Human Rights Commission has also suggested certain short-
term measures and long-term measures to ameliorate the
conditions of the migrant workers. Reference of
enactments, namely, Inter-state Migrant Workmen
(Regulations of Employment and Conditions of Service)
18
Act, 1979 as well as Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 have been
made to. Reference has also been made to Unorganised
Workers’ Social Security Act, 2008. With regard to
working of the aforesaid enactments and the measures
taken by the different States, we shall consider the
response of the States and thereafter shall consider the
issues raised regarding short-term measures and long-term
measures.
25.
It has also been brought before us that various High
Courts have also taken notice of cases of migrant
labourers. High Courts being constitutional Courts are
well within their jurisdiction to take cognizance of
violation of fundamental rights of migrant workers and we
have no doubt that those proceedings shall proceed after
considering all aspects including the response of
concerned authorities.
26. As noted above, 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 concerned States. The States and
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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. The
responsibility of the States/Union Territories is not
only to referring their policy, measures contemplated,
funds allocated but there has to be strict vigilance and
supervision as to whether those measures, schemes,
benefits reaches to those to whom they are meant. We
impress on States and Union Territories to streamline the
vigilance and supervision of actions of their officers
and staff and take appropriate action where required. We
also have no doubt that most of the officers, staff of
administration and police are discharging their duties
with devotion and hard-work but the lapses have to be
20
taken note of and remedial action be taken. We further
notice 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.
27. We may also notice one more fact. Although it is the
responsibility and duty of the States and Union
Territories to take care of all the needs of migrant
labourers but in this difficult time non-governmental
organisations and individuals have also contributed and
played an important role in extending helping hand to the
migrants. The society as a whole was moved by miseries
and difficulties of migrant labourers and it exhibited
its passion and devotion by way of individuals. Non-
governmental organisations coming forward to help the
migrant workers and to fight the pandemic and extend help
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by providing food, water and transportation at their cost
which deserves all appreciation.
28.
The foregoing discussions reveal that 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 by learned Solicitor
General, indicate that the total demand of trains by the
States and Union Territories is 171 running from
03.06.2020 to 16.06.2020. The process of transportation
by rail and road has to be completed by all States and
Union Territories so that the next stage of attending the
needs of migrant labourers be looked into i.e. source of
employment and providing food and ration for them. All
the learned counsel for the States are agreeable that
within maximum 15 days, all stranded workers will be
transported from places where they are stranded.
29.
We, thus, direct that all the States/Union
22
Territories to transport all stranded workers by train,
bus or other mode within 15 days from today.
30.
For identifying the migrant workers in different
States, the protocol of registration is already invoked.
We are further of the view as already directed vide order
dated 28.05.2020 that the process of registration be
simplified. We are of the view that identification of
migrant workers be immediately completed by all the
States/Union Territories and those migrant workers, who
are not yet registered, immediate steps be taken by
decentralising the process of registration by providing
facility of registration to the migrant workers at nearby
places including police stations and other places of
local administration as may be notified. The information
regarding journey by train and bus, which is to be
undertaken by stranded workers should be publicise
through local newspapers, local T.V. channels so that
necessary information reaches to concerned migrant
workers.
31. As noted above, majority of stranded workers have
reached at their native places. The second major task
which has now to be undertaken by the concerned States
and Union Territories is of taking care of those migrant
23
workers/labourers who have returned to their native
places after cessation of their employment. The first
step in this regard is to maintain record of all such
migrant workers, who have arrived at different places,
towns in different States. The details of migrant
workers, nature of their skill, place of their earlier
employment be maintained in prescribed proforma to be
formulated by the concerned State at village level, block
level and the district level so that necessary helps can
be extended by the State authorities and district
authorities to these migrant labourers. Counselling
centres be set up by the concerned State at block level
and the district level to provide all information
regarding Government schemes and other avenues of
employment to these workers and where possible to expand
the avenues of employment to these workers so that they
may not sit idle and they may be utilised as a resource
by the State. Various counsel appearing for the States
and other counsel have also submitted that some of the
migrant labourers, who got themselves registered to
return to their native place have changed their mind and
after reopening of the industries and factories they have
re-joined employment and are not willing to return. It is
24
further submitted that some of the migrant workers who
have returned to native place, now are willing to come
back to their place of employment and are ready to
undertake return journey in search of the employment. The
State may also provide necessary information and
facilitate the return of the workers who want to return
to their employment. Necessary information should be
provided by the State in this regard by creating help
desk with the help of railway authorities and road
transport authorities. Apart from schemes, which are run
by the Central Government for the benefit of people in
the country, each State have also their own schemes
taking care of different aspects including providing
avenues for employment. Migrant labourers and other needy
persons should be made aware of all schemes through
counselling centres and help desk which may be
established by the States at district levels and block
levels to extend helping hand to large number of migrant
workers. We are also of the view that all States and
Union Territories should bring on record the different
schemes which are enforced in the concerned State which
may benefit these migrant labourers so that it may also
be examined by this Court for issuing appropriate
25
direction in that regard.
32.
We, thus, grant further two weeks’ time to all the
States and Union Territories to submit additional
affidavits in response to various aspects, as noticed in
this order. The Central Government may also bring on
record the different schemes which can be taken by
migrant labourer which may also be taken by additional
affidavit within two weeks.
33.
The National Disaster Management Authority in
exercise of power under Section 6(2)(i) decided to direct
the Ministries/Departments of Government of India, State
Governments and State Authorities to take measures for
ensuring Social Distancing so as to prevent the spread of
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 the Government of India, Ministry of Home Affairs. The
migrant labourers on account of Lockdown measures
enforced w.e.f. 25.03.2020, and due to closure of their
place of work/source of employment started moving in
several parts of the Country to reach their hometown. The
Government of India, Ministry of Home Affairs noticed
this fact on 29.03.2020 in following words: -
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“Whereas, movement of large number of migrants
have taken place in some parts of the country so
as to reach their hometown, this is the violation
of Lockdown measures of maintaining Social
Distance.”
Under the guidelines, movement by migrants also
constituted an offence under Section 51 of Disaster
Management Act, 2005. Police Authorities started stopping
such movements and also registered certain First
Information Reports against the migrant labourers. The
movement of migrant labourers, tourists and students was
permitted by the Government only w.e.f. 29.04.2020. There
may be First Information Reports or complaints against
migrant labourers alleging violation of Lockdown measures
in moving on roads. The migrant labourers who were
earning their bread by working in different
establishments due to cessation of work were forced to
move to their hometown. The action of movement of these
migrant labourers after enforcement of the Lockdown
measures was by force of circumstances. We are of the
view that the State may consider withdrawing
Prosecution/Complaints lodged against such migrant
labourers for the offences as referred to in Section 51
of the Disaster Management Act, 2005 and other related
offences lodged against the migrant labourers during the
27
period of Lockdown under Disaster Management Act, 2005.
34.
In view of the foregoing discussions, we are of the
view that apart from what has been indicated above
certain further directions are necessary to be issued to
ameliorate the conditions of the migrant workers pending
consideration of other issues as noticed above.
35.
We, thus, in addition to directions already issued by
our order dated 28.05.2020 and measures as directed
above, issue following further directions to the Central
Government, all States and Union Territories:
(1) All the States/Union Territories shall take all
necessary steps regarding identification of
stranded migrant workers in their State which are
willing to return to their native places and take
steps for their return journey by train/bus which
process may be completed within a period of 15 days
from today.
(2)
In event of any additional demand, in addition to
demand of 171 Shramik trains, as noticed above,
railway shall provide Shramik trains within a
period of 24 hours as submitted by learned
Solicitor General to facilitate the return journey
of migrant workers.
28
(3) The Central Government may give details of all
schemes which can be availed by migrant workers who
have returned to their native places.
(4) All States and Union Territories shall also give
details of all schemes which are current in the
State, benefit of which can be taken by the migrant
labourers including different schemes for providing
employment.
(5) The State shall establish counselling centres, help
desk at block and district level to provide all
necessary information regarding schemes of the
Government and to extend helping hand to migrant
labourers to identify avenues of employment and
benefits which can be availed by them under the
different schemes.
(6) The details of all migrant labourers, who have
reached their native places, shall be maintained
with details of their skill, nature of employment,
earlier place of employment. The list of migrant
labourers shall be maintained village wise, block
wise and district wise to facilitate the
administration to extend benefit of different
schemes which may be applicable to such migrant
29
workers.
(7)
The counselling centres, established, as directed
above, shall also provide necessary information by
extending helping hand to those migrant workers who
have returned to their native places and who want
to return to their places of employment.
(8)
All concerned States/UTs to consider withdrawal of
prosecution/complaints under Section 51 of Disaster
Management Act and other related offences lodged
against the migrant labourers who alleged to have
violated measures of Lockdown by moving on roads
during the period of Lockdown enforced under
.
Disaster Management Act, 2005
36.
List the matter on 08.07.2020.
...................J.
[ASHOK BHUSHAN]
...................J.
[SANJAY KISHAN KAUL]
...................J.
[M.R. SHAH]
NEW DELHI;
JUNE 09,2020.
30
CORRECTED
ITEM NO.1501+1502+1503 Virtual Court 4 SECTION PIL-W
[FOR ORDERS]
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SUO MOTU WRIT PETITION (CIVIL) No(s). 6/2020
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS
[ IA No. 50476/2020 - APPLICATION FOR EXEMPTION FROM FILING
ORIGINAL VAKALATNAMA/OTHER DOCUMENT
IA No. 49670/2020 - APPLICATION FOR PERMISSION
IA No. 49688/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 51676/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 49686/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 51637/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 49683/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 51455/2020 - EARLY HEARING APPLICATION
IA No. 51559/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 49554/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 51678/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 50348/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 51636/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 51430/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 50102/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 51571/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 49694/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 51565/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 51558/2020 - EXEMPTION FROM FILING O.T.
IA No. 49668/2020 - INTERVENTION APPLICATION
IA No. 49693/2020 - INTERVENTION APPLICATION
IA No. 50475/2020 - INTERVENTION APPLICATION
IA No. 49553/2020 - INTERVENTION APPLICATION
IA No. 50464/2020 - INTERVENTION APPLICATION
IA No. 50342/2020 - INTERVENTION APPLICATION
IA No. 51634/2020 - INTERVENTION APPLICATION
IA No. 49682/2020 - INTERVENTION APPLICATION
IA No. 50577/2020 - INTERVENTION APPLICATION
IA No. 51726/2020 - INTERVENTION/IMPLEADMENT
IA No. 49687/2020 - INTERVENTION/IMPLEADMENT
IA No. 50446/2020 - INTERVENTION/IMPLEADMENT
IA No. 49685/2020 - INTERVENTION/IMPLEADMENT
IA No. 51453/2020 - INTERVENTION/IMPLEADMENT
IA No. 50488/2020 - INTERVENTION/IMPLEADMENT
IA No. 51456/2020 - PERMISSION TO APPEAR AND ARGUE IN PERSON]
WITH
WRIT PETITION (CIVIL) Diary No(s). 11394/2020
Writ Petition(s)(Civil) No(s). 511/2020
31
[APPLICATION FOR EXEMPTION FROM FILING AFFIDAVIT]
Date : 09-06-2020 These matters were called on for pronouncement
of orders today.
For Petitioner(s) By Courts Motion
11394/2020 Mr. Sanjay Parikh, Sr. Adv.
Mr. Abhimanue Shrestha, AOR
511/2020 Mr. Deepak Prakash, AOR
Ms.
Nachiketa Vajpayee, Adv
Ms. Divyangna Malik, Adv.
For Respondent(s) Mr. Tushar Mehta, SG
Mr. K.M. Nataraj, ASG
Mr. Rajat Nair, Adv.
Mr. Saurabh Mishra, Adv.
Kanu Agrawal, Adv.
Mr. B.V. Balramdas, AOR
States
Arunachal Pradesh Mr. Abhimanyu Tiwari, Adv.
Ms. Eliza Bar, Advocate
AP Mr. Anil Shrivastav, Adv.
Mr. Rituraj Biswas, Adv.
Assam Mr. Maninder Singh, Sr. Adv.
Mr. Nalin Kohli, Aag, Adv.
Mr. Shuvodeep Roy, AOR
Mr. Prabhas Bajaj, Adv.
Bihar Mr. Manish Kumar, Adv.
Mr. Gopal Singh, AOR
Mr. Shivam Singh, Adv.
Mr. Aditya Raina, Adv.
Mr. Harpreet Singh Gupta, Adv.
Mr. Udian Sharma, Adv.
Mr. Jaideep Khanna, Adv.
Mr. Harsh Choudhary, Adv.
Chhattisgarh Mr. S.C. Verma, Adv. Gen.
Ms. Prachi Mishra, Adv.
Mr. Sumeer Sodhi, Adv.
Mr. Pranav Sachdeva, AOR
NCT of Delhi Mr. Sanjay Jain, ASG
Mr. Chirag M. Shroff, AOR
Goa Mr. Tushar Mehta, SG
Mr. Arun Pedneker, Adv.
32
Mr. Sachin Patil, AOR
Gujarat Mr. Tushar Metha , SG
Mr. Maninder Singh , Sr. Adv.
Mrs. Manisha Lavkumar , Sr. Adv.
Mr. Aniruddha P. Mayee , Adv.
Mrs. Deepanwita Priyanka , AOR
Haryana Mr. Anil Grover, AAG HARYANA
Ms. Noopur Singhal, Advocate
Mr. Rahul Khurana, Advocate
Mr. Sanjay Kumar Visen, AOR
H.P. Mr. Abhinav Mukerji, AAG
Ms. Pratishtha Vij, Adv.
Mrs. Bihu Sharma, Adv.
Jharkhand Mr. Tapesh Kumar Singh, Adv.
J&K Ms. Shashi Juneja, Adv.
Ms. Pinky Behera, Adv.
Karnataka MR. Prabhuling Navadgi, AAG
Mr. Vikram Huligoll, Adv.
Mr. Shubhranshu Padhi, Adv.
Kerala Mr. G. Prakash, AOR
Mr. Jishnu M.L., Adv.
Maharashtra Mr. Rahul Chitnis ADV.
Mr. Sachin Patil, AOR
Manipur Mr. Pukhrambam Ramesh Kumar, Adv.
Ms. Anupama Ngangom, Adv
Mr. Karun Sharma, Adv
Meghalaya Mr . Amit Kumar, Advocate General Meghalaya
Mr. Avijit Mani Tripathi, Advocate On Record
Ms. Rekha Bakshi, Advocate
Mr. Shaurya Sahay, Advocate
Mr. Abhikalp Pratap Singh, Advocate
Tarini K. Nayak, Advocate
M.P. Mr. Arjun Garg, Adv.
Ms. Rati Tandon, Adv.
Mizoram Mr. Siddhesh Kotwal, Adv.
Ms. Bansuri Swaraj, Ad.
Ms. Astha Sharma, Adv.
Ms. Arshiya Ghose, Adv.
Mr. Divyansh Tiwari, Adv.
Ms. Ana Upadhyay, Adv.
33
Nagaland Ms. K. Enatoli Sema, AOR
Odisha Mr. Sibo Sankar Mishra, AOR
Punjab Mr. Atul Nanda, Adv. Gen
Mr. Karan Bharihoke, Adv.
Ms. Uttara Babbar, AOR
Rajasthan Dr. Manish Singhvi, Sr. Adv.
Mr. Ashish Kumar, AAG
Mr. Sandeep Kumar Jha, AOR
Sikkim Mr. Raghvendra Kumar, AOR
Mr. Narendra Kumar, Adv.
Tripura Mr. Shuvodeep Roy, AOR
Tamil Nadu Mr. Jayanth Muthuraj, AAG
Mr. M. Yogeshkanna AOR
U.P. Ms. Garima Prashad, AOR
Uttarakhand Dr. Abhishek Atrey, Advocate
Mr. Shadman Ali, Advocate
Ms. Vidyottma Jha Advocate
Ms. Ambika Atrey, Advocate
West Bengal Mr. Suhan Mukerji, Adv.
Mr. Amit Verma, Adv.
For PLR Chambers
UTs
A&N island Mr. K.V. Jagdishvaran, Adv.
Ms. G. Indira, AOR
Chandigarh Mr. Nikhil Goel, Adv.
Mr. Naveen Goel, Adv.
Mr. Dushyant Sarna, Adv.
D&N Haveli Mr. R. Balasubramaniam, Sr. Adv.
Mr. Prashant Singh B., Adv.
Mr. Raj Bahadur Yadav, AOR
Laddak Ms. Shashi Juneja, Adv.
Ms. Pinky Behera, Adv.
Lakshadweep Mr. Raj Bahadur Yadav, Adv.
Puducherry Mr. V. G. Pragasam, AOR
34
Intervention/Impleadment
49693-94 Mr. Kapil Sibal, Senior Advocate
Ms. Indira Jaising, Senior Advocate
Mr. Anand Grover, Senior Advocate
Ms. Gayatri Singh, Senior Advocate
Ms. Nupur Kumar, AOR
Ms. Ronita Bhattacharya, Adv
49553/54 Mr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Sunil Fernandes, AOR
Mr. Avishkar Singhvi, Adv
Mr. Muhammad Khan, Adv.
Mr. Varun Chopra, Adv.
Mr. Omar Hoda, Adv.
Mr. Prastut Dalvi, Adv.
Ms. Aishwarya Mohapatra, Adv.
Mr. Gurtejpal Singh, Adv.
51453 Mr. Shashwat Anand, Applicant-in-person
51726 Mr. Nitin Mishra, Adv.
Ms. Mitali Gupta, Adv.
51676&78 Shri. P.V.Surendranath, Adv.
Mr. Biju P. Raman, Adv.
Shri. Subhash Chandran KR, Adv.
49668/49670 Mr. Alakh Alok Srivastava, AOR
49585-86&49687-88 Mr. Colin Gonsalves, Sr. Adv.
Mr. Satya Mitra, AOR
Mr. Gunjan Singh, Adv.
Mr. Siddharth Seem, Adv.
Ms. Anupradha Singh (Advocate)
Ms. Harini Raghupathy (Advocate)
Ms. Pragya Ganjoo(Advocate)
51821/20 Mr. Jaideep Gupta, Sr. Adv.
Ms. Nanita Sharma, Adv.
50577 Mr. Prashant Bhushan, Adv.
50446 Mr. Ejaz Maqbool, Adv.
Mr. Sagheer Ahmed Khan, in person
Ms. Akriti Chaubey, Advocate
Ms. Aishwarya Sarkar, Advocate
50464 Mr. Shadan Farasat, Adv.
35
50475-76 Mr. Raj Kishor Chourdhary, Adv.
Mr. Shivam Sharma, Adv.
Mr. Pradeep Kumar Mittal, Adv.
Mr. Shakeel Ahmed, Adv.
50488 Mr. Sandeep Kumar Jha, Adv.
52177 Mr. K.V. Vishwanathan, Sr. Adv.
Ms. Mithu Jain, AOR
Mr. Arnav Vidyarthi, Adv.
51634,51636 & 51637
NHRC Mr. B.S. Patil, Sr. Adv.
Mr. Mohit Paul, Adv.
Ms. Sunaina Phul, Adv.
Mr. P. Chidambaram, Sr. Adv.
Mr. Gopal Sankarnarayanan, Sr. Adv.
Mr. Gautam Talukdar, Adv.
11394/2020 &
511/2020 Mr. Chirag M. Shroff, AOR
UPON hearing the counsel the Court made the following
O R D E R
Hon'ble Mr. Justice Ashok Bhushan pronounced the reportable
order of the Bench comprising His Lordship, Hon’ble Mr. Justice
Sanjay Kishan Kaul and Hon’ble Mr. Justice M.R. Shah.
SUO MOTU WRIT PETITION (CIVIL) No(s). 6/2020
Following directions are issued to the Central Government, all
States and Union Territories in terms of the signed order:
1. All the States/Union Territories shall take all
necessary steps regarding identification of stranded
migrant workers in their State which are willing to
return to their native places and take steps for their
36
return journey by train/bus which process may be
completed within a period of 15 days from today.
2. In event of any additional demand, in addition
to demand of 171 Shramik trains, as noticed above,
railway shall provide Shramik trains within a period of
24 hours as submitted by learned Solicitor General to
facilitate the return journey of migrant workers.
3. The Central Government may give details of all
schemes which can be availed by migrant workers who
have returned to their native places.
4. All States and Union Territories shall also
give details of all schemes which are current in the
State, benefit of which can be taken by the migrant
labourers including different schemes for providing
employment.
5. The State shall establish counselling centres,
help desk at block and district level to provide all
necessary information regarding schemes of the
Government and to extend helping hand to migrant
labourers to identify avenues of employment and
benefits which can be availed by them under the
different schemes.
6. The details of all migrant labourers, who have
reached their native places, shall be maintained with
details of their skill, nature of employment, earlier
place of employment. The list of migrant labourers
shall be maintained village wise, block wise and
37
district wise to facilitate the administration to
extend benefit of different schemes which may be
applicable to such migrant workers.
7. The counselling centres, established, as
directed above, shall also provide necessary
information by extending helping hand to those migrant
workers who have returned to their native places and
who want to return to their places of employment.
8. All concerned States/UTs to consider withdrawal
of prosecution/complaints under Section 51 of Disaster
Management Act and other related offences lodged
against the migrant labourers who alleged to have
violated measures of Lockdown by moving on roads during
the period of Lockdown enforced under Disaster
Management Act, 2005.
List the matter on 08.07.2020.
WRIT PETITION (CIVIL) Diary No(s). 11394/2020 and WRIT PETITION
(CIVIL) No(s). 511/2020
We have already passed a detailed order in Suo Motu Writ
Petition (Civil) No(s). 6/2020, no separate directions need to be
passed in these petitions.
List the matters on 08.07.2020.
(MEENAKSHI KOHLI) (RENU KAPOOR)
AR-CUM-PS COURT MASTER
[Signed order is placed on the file]
38