SC permits NHRC to intervene in case related to migrant workers

The Supreme Court allowed the National Human Rights Commission to intervene in the case related to the plight of migrant labourers, who had been stranded in different parts of the country after the COVID-19 induced lockdown.

New Delhi: The Supreme Court on Friday allowed the National Human Rights Commission to intervene in the case related to the plight of migrant labourers stranded after lockdown.

The National Human Rights Commission had filed an application for intervention and directions along with suo motu writ petition in the Supreme Court of India on the problems and miseries of migrant labourers, who had been stranded in different parts of the country after the nationwide lockdown.

The Commission has sought directions from the Supreme Court for consideration of the implementation of its proposed short term and long term measures in order to decrease the plight of the migrant workers and to ensure that the human rights of these poor labourers are not violated.

A short term measured proposed by the commission include data collection of migrant labourers at point of departure and arrival states, menstrual hygiene products for women and girls, proper implementation of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979 so that the migrant workers are provided with a journey allowance, each state should be directed to ensure the proper functioning of shelter homes especially for the accommodation of pregnant women, lactating mothers, children, and elderly person.

It should be ensured that medical facilities and nutritious food are available in these shelter homes. Identification of industry in which the migrant labour is working i.e. construction, agriculture, brick kiln, etc. This identification will aid the State in creating schemes for the migrant workers and in the preparation of a State-wide and Nation-wide database.

Other short term measures proposed by NHRC include directions for states to take steps for the support of migrant workers, similar to the steps taken by the State of Odisha which has set up a toll-free Sharmik (labour force) Sahayata Helpline, Migrant Labour Help Desk, seasonal hostels for the children of migrant workers, and has strengthened Anti-Human Trafficking Units for migrant workers.

States must ensure medical facilities for check-ups for migrants before and after the journey, as well as availability of food and medical care during the journey. For migrants who are walking or travelling on bicycles, food and water should be made available both at the originating and destination states, as well as en route.

The originating States should take steps to identify the destitute among the migrant labour and provide some quantum of compensation to ensure that they do not resort to begging after reaching their destination.

NHRC proposed a total of 20 short and long term measures to help in dealing with problems faced by migrants. Other short term ways included always in consultation with the respective State Governments should ensure that such delays do not take place and the trains do not reach wrong destinations. A mission similar to that of the dedicated Vande Bharat Mission should be started in a phased manner to help migrant workers reach their source destination. A fund should be created for payment of ex-gratia relief by the concerned DM, which will provide fixed compensation to every migrant returning home.

In its long term measures, NHRC proposed insertion of special provision in Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 to deal with emergency situations like Covid-19, natural disasters etc. It also proposed to introduce the national portal for registration migrants for database and fund allocation for states. NHRC also proposed universal ration card for migrants in long term measures to avoid violation of human rights of migrants.

During the month of May only NHRC issued five notices to Railway ministry, Home ministry, Punjab, Maharashtra, Uttar Pradesh, Madhya Pradesh, Gujarat and Bihar governments after media reports of ill-treatment and death of migrants emerged.

(PTI)