SC poses queries to Centre, states on fare, transportation of home bound migrant workers


PTI | New Delhi | Updated: 28-05-2020 20:40 IST | Created: 28-05-2020 20:00 IST
SC poses queries to Centre, states on fare, transportation of home bound migrant workers
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The Supreme Court Thursday raised queries before the Centre and state governments over stranded migrant workers facing the endless wait for seats in home-bound trains or buses, the confusion over payment of fares and alleged lack of food and shelter for them during the hearing on the thorny issue. The apex court, which had taken suo-motu (on its own) cognizance of the miseries of migrant workers stranded at various places, today directed the states, UTs and the Railways that no fare for travel will be charged from the workers and they have to be provided shelter, food and water till they board the home-bound trains or buses.

A bench comprising Justices Ashok Bhushan, S K Kaul and M R Shah heard a battery of senior lawyers, including Solicitor General Tushar Mehta, Kapil Sibal, A M Singhvi, Colin Gonsalves and Indira Jaising, for almost two-and-half hours before passing certain interim directions. At the outset, the bench asked the lawyers, including Singhvi who was representing Congress leader Randeep Singh Surejewala, not to speak simultaneously and proceeded to hear Solicitor General Mehta who was directed to assist the bench in its previous order.

Law officer Mehta opposed the interim pleas sought to be argued by some lawyers and said “there are prophets of doom who keep spreading disinformation” and moreover, they should come out and support the needy people on the streets at the time when human race is facing the most difficult challenge. “There's no dispute that governments are doing something. But these persons are not getting all benefits from governments,” the bench said, adding that it needed to have the clarity as to who are paying for the tickets of these workers. Mehta said all states are cooperating and the some portion of fare is either paid by the “receiving or originating states” to railways and in in some cases, the money is reimbursed to the workers.

“The unprecedented situation needed unprecedented measures”, the law officer said, adding that a joint decision has been taken that the home-bound migrant workers, out of them 80 per cent hail from Uttar Pradesh and Bihar, will not be burdened with the fare. “In our country, the middlemen will always be there. But we don’t want middlemen to interfere with this when it comes to payment of fares. There has to be a clear policy as to who will pay for their travel,” the bench said. The court then asked about the normal time to be taken in shifting the workers to their native places and said “there must be some certainty that he will be shifted out within one week or ten days at most? What is that time?” We accept that it's not possible to transport everyone at the same time. But food and shelter must be given till they can get transport.” It said that there have been instances where one state sends migrants but at the border another state refuses to accept them. The law officer referred to a report and said that between May 1 to 27 a total of 3,700 special trains have been operated for migrants.

Besides, many have been shifted by road to bordering states and a total of 91 lakh migrant workers have been shifted to their native places so far, he said. The top court said that with food surplus available with the Food Corporation of India (FCI), the migrant workers, waiting to be transported, be given food during the wait period. Mehta said that UP has adopted a system to quarantine migrants as soon as they reach the railway station and they also give some cash and food kit after the quarantine period gets over. The court took note of the submission that each migrant has been given some free ration and asked as to how they are served food grains either in shelter homes or in rented accommodations.

Sibal referred to the law on Disaster Management and said that there was a provision for the preparation of the national plan to tackle the disaster and it has not been put in the public domain. He said as per estimation, there were four crores of migrant workers waiting for the transportation and till now only 91 lakh people have been sent to homes in 27 days and it will take months in completing the entire exercise. There has to be certain minimum standards and they include shelter, food, drinking water, medical cover and sanitation and till date, there have no such facilities given as mandated under the law, Sibal said.

”All responsibilities have been shifted to the state governments,” he said, adding that “migrants must be given tickets” and the Centre must also show whether social distancing norms were being followed in trains or in camps. On May 26, the top court had taken cognizance of the miseries of migrant workers and said there have been “inadequacies and certain lapses” by the Centre and the states, and asked them to provide transport, food and shelter immediately free of cost.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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