Supreme Court directs Centre, state governments to transport migrant workers back to home states in 15 days

The Supreme Court also said that after reaching the native place, the "second major task" needed to be undertaken by the states and union territories concerned would be to take care of the employment of the returning migrants.

New Delhi: The Supreme Court on Tuesday directed the Centre and state governments to identify and send back within 15 days by train or bus the stranded migrant workers willing to return to their native place, and also asked them to help the returnees find jobs lost during the national lockdown.

Noting there have been instances of "excess" by police and paramilitary personnel against the migrant workers, the court also asked authorities to consider "withdrawal" of criminal cases against some of them for violating social distancing norms. The suffering people without jobs have to be dealt with in a "humane manner", it said.

A help desk should be set up for those who wanted to return to their old places of work, it said while taking suo motu(on its own) cognisance of the "problems and miseries" of lakhs of migrant workers.

The top court, which on May 28 passed a slew of directions including asking the states not to charge any fare from the returning workers, noted that fresh requests for 171 "Shramik Special' trains have been made so far by the states from the Centre, and directed that any additional demand be fulfilled by the Railways within a period of 24 hours".

Shortly after the 38-page order was delivered, the Railways wrote to the states asking them to provide a "comprehensive residual" demand for the Special trains by June 10 to ferry migrants to their homes. The Railways has run more than 4,347 Shramik Special' trains to transport approximately 60 lakh people to their destination states since May 1.

The court also said that after reaching the native place, the "second major task" needed to be undertaken by the states and union territories concerned would be to take care of the employment of the returning migrants.

Acknowledging the contribution and role played by non-governmental organisations (NGOs), the court said they deserved all appreciation for coming forward to help the workers by providing food, water and transport during the "difficult time" of COVID-19 pandemic though it was the responsibility of the government.

The court praised the individuals who contributed and played an important role in extending a helping hand to the migrants and said the society, which was moved by their miseries and difficulties, has exhibited its "passion and devotion".

"All the States/Union Territories shall take all necessary steps regarding the identification of stranded migrant workers in their state who are willing to return to their native places and take steps for their return journey by train/bus which process may be completed within a period of 15 days from today," said a bench headed by Justice Ashok Bhushan.

It said for identifying migrant workers, the protocol of registration was already invoked, but the process has to be simplified. The court said the Centre may give details of all schemes which can be availed by migrant workers who have returned to their native places.

"All States and Union Territories shall also give details of all schemes which are currently in the state, benefit of which can be taken by the migrant labourers including different schemes for providing employment."

"We are of the view that identification of migrant workers is 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 bench, also comprising Justices S K Kaul and M R Shah, said information regarding journey by train and bus, which is to be undertaken by stranded workers should be publicised through local newspapers, local TV channels so that necessary information reaches the concerned migrant workers.

Noting the submissions of some states, it said most of the migrant workers have returned to their native places and the state shall establish counselling centres, help desk at block and district level to provide all necessary information regarding schemes of the government and to extend helping hand to migrant labourers to identify avenues of employment and benefits which can be availed by them under the different schemes.

The top court said the native states of such workers should maintain their details including their skills, nature of previous employment and earlier place of work.

"The list of migrant labourers shall be maintained village wise, block-wise and district wise to facilitate the administration to extend the benefit of different schemes which may be applicable to such migrant workers."

The court took note that criminal prosecutions were launched against some of the migrant workers under Section 51 of the Disaster Management Act for alleged violation of norms by moving on roads during the lockdown period.

At some places in Delhi and Mumbai, migrant workers had panicked and come out on roads and streets in large numbers to go to their native places.

"The financial difficulty being with all the migrant labourers invariably they have to be dealt with 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," it said. The court, however, acknowledged the "devotion and hard work" of security personnel during the pandemic.

The court said all the 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 for issuing appropriate directions.

Granting further two weeks time to them to submit additional affidavits in response to various aspects, the court fixed the next day for hearing on July 8.