Migrant worker crisis: Finally Supreme Court takes note; flags “lapses” by government

Migrant workers struck by hunger, travel restrictions and heat as they struggle to go back home, finally managed to draw empathy from the Supreme Court, as it took suo-moto cognizance of the issue on the 63rd day of the lockdown. The SC has noted that while measures have been taken by the Centre and State Govts, there have been “inadequacies and certain lapses”.

The apex court's order notes that the crisis is a continuing one, with even today a large number of workers being stranded on roads, railway station and state borders.

This comes as a divergence from the order by Chief Justice of India Justice SA Bobde led the bench in a PIL on March 31. In that order, the SC had recorded the submission of the Solicitor General Tushar Mehta, appearing for the Govt, that as of 11.00 am of March 31, migrant workers were no longer on the road. The same order also recorded submissions by the govt that migrant workers had been shipped off to shelter homes and were provided for with respect to food, water and shelter. At the time, SC had noted that it was “satisfied” with the government's measures.

For now, after noting “lapses” with the government response, the SC has directed for transport arrangements, food and shelter to be provided “immediately”, free of cost, by the Centre and state governments.

The SC, in its order, makes a note of media reports that highlighted the unfortunate and miserable conditions of workers as they trudged back on cycles and on-foot, hundreds of kilometres, to reach their villages. The SC also took note of complaints of how the local administration had failed to provide food and water to workers who were stranded or looking to walk back home.

The SC order records that this section of the society is particularly vulnerable and requires the support and aid of the Govt. The order states that the Centre and state governments need to take necessary steps to extend a “helping hand” to migrant workers in these exceptional times.

The SC order records that they have received complaints and representations from large sections of the civil society raising the plight of migrant workers.

Citing the urgency of the, SC has issued notice to the Centre and all state and union territory governments, with directions to file their replies within 2 days.

The SC has also directed for the Solicitor General Tushar Mehta to appear and tp update the court on measures taken by the govt. The case will now be taken up for hearing on May 28.