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Provide food and transportation to migrant labourers: SC tells states, UTs

The Supreme Court has directed Delhi, UP and Haryana governments to provide dry rations to migrant labourers and also open community kitchens to help them.

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Published : May 13, 2021, 7:43 PM IST

New Delhi: The Supreme Court on Thursday directed the governments of Delhi, Uttar Pradesh and Haryana to provide dry ration to migrants under the Atma Nirbhar Bharat or any other scheme based only on their self-declaration and not demand their identity cards.

It also directed the governments to open community kitchens at well-advertised places so that migrant labourers and their families can get two meals a day.

Further, the apex court asked the states to provide transportation facilities to those migrants who wish to return to their hometown and directed the Centre to issue necessary instructions to the Ministry of Railways in this connection.

The bench comprising Justice Ashok Bhushan and Justice M R Shah passed the orders on a suo moto case on miseries of migrant labourers.

Also read: Religious and political events among factors that accelerated COVID-19 transmission in India: WHO

The suo moto was initiated last year after the imposition of lockdown and was heard again today after an application was filed highlighting the same problems due to the reimposition of lockdown. Advocate Prashant Bhushan, appearing for the applicant, pleaded before the court today that the Atma Nirbhar scheme be extended, cooked food, cash transfers and transport facilities be provided to migrant labourers. The plea also requested the court to direct the Centre and states to furnish all the important details regarding food, security schemes and financial relief among others.

Solicitor General Tushar Mehta, appearing for the Centre, argued that this year the situation is different compared to last year. He said, by and large, all industries are working and the migrants do not have incentives to return. "Anything that facilitates their transportation will lead to migration," he said. Mehta asked the court not to pass any directions and said he will place everything on record.

Justice M R Shah countered Mehta saying the latter may be right. However, the mindset of migrants is different, and by and large, "they have gone". Justice Ashok Bhushan observed that if the migrants want to go back, they should be able to and not be stranded.

Also read: India vaccine plan in mess, China's steps with Eid gift for Bangladesh

"After having heard learned counsel for the parties we direct the Central government as well as the Government of State of NCT of Delhi, State of U.P. and State of Haryana (for the Districts included in the NCR) to file a reply to the application suggesting means and measures by which shall ameliorate miseries of stranded migrant labourers. We also issue notice on the application to the State of Maharashtra, State of Gujarat and State of Bihar to file their reply giving details of the measures which they propose to take to ameliorate the miseries of migrant workers regarding transportation of stranded migrant workers and providing dry ration as well as cooked meals to the stranded migrant workers," the order read.

The Supreme Court pulled up the states for not furnishing details on the steps taken with regards to the migrants despite its order on September 1 last year. Giving a "last chance", the court directed the governments of Uttar Pradesh, NCT of Delhi, Haryana, Gujarat, Maharashtra and Odisha to file their specific responses to its earlier orders within 10 days. For other states, the court said, it will issue further directions later.

The court listed the matter for hearing again on May 24.

New Delhi: The Supreme Court on Thursday directed the governments of Delhi, Uttar Pradesh and Haryana to provide dry ration to migrants under the Atma Nirbhar Bharat or any other scheme based only on their self-declaration and not demand their identity cards.

It also directed the governments to open community kitchens at well-advertised places so that migrant labourers and their families can get two meals a day.

Further, the apex court asked the states to provide transportation facilities to those migrants who wish to return to their hometown and directed the Centre to issue necessary instructions to the Ministry of Railways in this connection.

The bench comprising Justice Ashok Bhushan and Justice M R Shah passed the orders on a suo moto case on miseries of migrant labourers.

Also read: Religious and political events among factors that accelerated COVID-19 transmission in India: WHO

The suo moto was initiated last year after the imposition of lockdown and was heard again today after an application was filed highlighting the same problems due to the reimposition of lockdown. Advocate Prashant Bhushan, appearing for the applicant, pleaded before the court today that the Atma Nirbhar scheme be extended, cooked food, cash transfers and transport facilities be provided to migrant labourers. The plea also requested the court to direct the Centre and states to furnish all the important details regarding food, security schemes and financial relief among others.

Solicitor General Tushar Mehta, appearing for the Centre, argued that this year the situation is different compared to last year. He said, by and large, all industries are working and the migrants do not have incentives to return. "Anything that facilitates their transportation will lead to migration," he said. Mehta asked the court not to pass any directions and said he will place everything on record.

Justice M R Shah countered Mehta saying the latter may be right. However, the mindset of migrants is different, and by and large, "they have gone". Justice Ashok Bhushan observed that if the migrants want to go back, they should be able to and not be stranded.

Also read: India vaccine plan in mess, China's steps with Eid gift for Bangladesh

"After having heard learned counsel for the parties we direct the Central government as well as the Government of State of NCT of Delhi, State of U.P. and State of Haryana (for the Districts included in the NCR) to file a reply to the application suggesting means and measures by which shall ameliorate miseries of stranded migrant labourers. We also issue notice on the application to the State of Maharashtra, State of Gujarat and State of Bihar to file their reply giving details of the measures which they propose to take to ameliorate the miseries of migrant workers regarding transportation of stranded migrant workers and providing dry ration as well as cooked meals to the stranded migrant workers," the order read.

The Supreme Court pulled up the states for not furnishing details on the steps taken with regards to the migrants despite its order on September 1 last year. Giving a "last chance", the court directed the governments of Uttar Pradesh, NCT of Delhi, Haryana, Gujarat, Maharashtra and Odisha to file their specific responses to its earlier orders within 10 days. For other states, the court said, it will issue further directions later.

The court listed the matter for hearing again on May 24.

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