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After Declining To Intervene, Supreme Court Suo Motu Takes Up Issue Of Migrants

Supreme Court issues notice to central and state governments on problems of stranded migrant workers.

Migrant workers wait for transport arrangement to take them home in India. (Source: PTI)
Migrant workers wait for transport arrangement to take them home in India. (Source: PTI)

Days after declining to interfere with the government’s handling of the migrant crisis, the Supreme Court on Tuesday agreed to suo motu take up the issues faced by the poor as many have set off for their homes on foot amid the Covid-19 pandemic.

A three-judge bench headed by Justice Ashok Bhushan directed all the governments to make immediate free of cost arrangements for transport, food and shelter for those stranded because of the lockdown.

“In the present situation of lockdown in the entire country, this section of the society needs succour and help by the concerned governments,” the top court said in its order. “…especially steps need to be taken by the Government of India, State Governments/Union Territories in this difficult situation to extend helping hand to these migrant labourers.”

The court issued notice to the central and the state governments, asking them to respond by day after tomorrow on the steps being taken to address the issues. Acknowledging that they have taken measures, the bench, also comprising Justice Sanjay Kishan Kaul and Justice MR Shah, said, “..Yet there have been inadequacies and certain lapses. We are of the view that effective concentrated efforts are required to redeem the situation.”

The number of confirmed Covid-19 cases in India has risen from nearly 600 to more than 1.45 lakh in two months as the fourth phase of the lockdown has begun. Migrant workers, finding little support in large cities because of the restrictions, started walking home in the absence of public transport.

The Supreme Court, however, till now declined to interfere in the matter. On a public interest litigation filed by activist Harsh Mander seeking payment of minimum wages, the top court had on April 21 asked the government to ‘’take such steps as it finds fit to resolve the issues raised in the petition”.

On May 15, while hearing a PIL by lawyer Alakh Alok Srivasatava after some migrant workers died in accidents on their way home, the court observed that this was an issue which ought to have been handled by the government. “There are people walking and not stopping. How can we stop it.”

That evoked criticism. Last Saturday, the Supreme Court Bar Association President Dushyant Dave said that barring a few high courts, the judiciary had left the citizens to fend for themselves. On Monday, Justice Gopal Gowda, a former Supreme Court judge, in an op-ed article for the Deccan Herald newspaper, called the response of the top court during the pandemic as the darkest moment of the top court.

‘’ADM Jabalpur [ruling that people can’t move court to enforce right to life and liberty during Emergency] will no longer be remembered as the darkest moment of the Supreme Court. That infamy now belongs to the Court’s response to the preventable migrant crisis during the COVID-19 pandemic,” wrote Justice Gowda.

In Tuesday’s order, the Supreme Court asked the Solicitor General of India Tushar Mehta to assist in the case and inform of “all measures and steps taken by the Government of India and to be taken in this regard”.

The court will take up the matter for hearing on Thursday.