In Re : Problems and Miseries of Migrant Labourers vs In Re:

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 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]

1.3 For identifying the migrant workers in different States, the protocol of registration is already invoked. As already directed vide order dated 28.05.2020 that the process of registration be simplified. 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. [Para 30][16-G-H; 17-A]

1.4 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 workers/labourers who have returned to their native places after cessation of their employment. 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. 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. 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 direction in that regard. Thus, further two weeks’ time granted 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. [Paras 31, 32][17-B-H; 18-A]

1.5 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. 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. 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 period of Lockdown under Disaster Management Act, 2005. [Para 33][18-D; F-H; 19-A]

1.6 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. Thus, in addition to directions already issued by order dated 28.05.2020 and measures as directed above, further directions are issued to the Central Government, all States and Union Territories. [Paras 34, 35][19-B-C]