Order very clear that stranded migrant workers need to be transported within 15 days, says SC

The Supreme Court on Friday made it clear that as per its previous order, migrant workers stranded amid the COVID-19 pandemic were mandatorily required to be transported to their hometowns within 15 days.

The Bench of Justices Ashok Bhushan, SK Kaul and MR Shah clarified the same while hearing the suo motu case on the COVID-19 migrant crisis.

At the start of Friday’s hearing, Senior Advocate Indira Jaising informed the Court that the information being asked from migrants seeking transport was "in excess". She claimed that the court's previous order was not being followed in letter and spirit.

The Bench also clarified that the exercise of transporting migrant workers to their hometowns has to be undertaken within 15 days. Justice Shah took note of an order passed by the Karnataka High Court yesterday, in which it was stated that the 15-day period set by the Apex Court was not mandatory. In this regard, Justice Shah said, "Karnataka High Court has passed order that our order is not mandatory. You must inform Karnataka that our order is mandatory."

Solicitor General for India Tushar Mehta submitted that the Centre had asked the states to give a requisition for trains to transport the migrants, after which trains were being provided within 24 hours. He stated that after Senior Advocate Gopal Sankaranarayanan asked for train between Mumbai and Uttarakhand, the same was provided.

Sankaranarayanan then submitted, "It has to be made clear that Centre will pay the money and not the states. Some states don't have funds."

The matter has been listed for hearing next in the second week of July.

On the last date of hearing, the court ordered that stranded migrants may be transported back to their native villages within 15 days.

On that date, the Bench had ordered that:

• Shramik trains as demanded need to be provided within 24 hrs
• States need to establish help desks which will help migrant labourers to avail employment opportunities
• Counselling centres need to be established to help transported migrant workers to again find a way back to travel and earn if they want to
• If cases have been filed against the migrant workers for violating the lockdown under NDMA, then they must be considered to be withdrawn by states.

One of the primary directions of the court was to rid the migrant workers of the FIRs they were charged with for violating lockdown norms whenever they stepped out to gather means of transport for way back home.

The Bench, while urging that migrant workers across states be identified as soon as possible, also stated that the registration process for these workers needs to be "decentralised."

"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," the June 9 order of Supreme Court said.

On May 26, the Supreme Court, while taking suo motu cognisance of the migrant crisis, said there have been “inadequacies and certain lapses” on the part of the Central and state governments in dealing with the issue.