No Migrant Worker Should Have To Pay To Go Home: Supreme Court

The Supreme Court directed that no fare should be charged from migrant workers stranded across the country because of the nationwide lockdown to curb the coronavirus pandemic.

The fare must be shared by the states, both originating and receiving, and railways must provide food and water during the journey, the top court ordered.

“Migrant workers who are stranded shall be provided food by the concerned state at places which shall be publicised and notified for the period that they are waiting for their turn,” the Supreme Court said. “Migrant workers found walking on the roads must be immediately taken to shelters and provided with food and all facilities.”

This comes a couple of days after the apex court agreed to suo motu take up the issues faced by the poor as many have set off for their homes on foot amid the pandemic. It had asked the states and central government to submit their responses about the steps taken to address the crisis.

To be sure, the Supreme Court had earlier declined to interfere with the government’s handling of the issue, evoking criticism.

The hearing was attended by several intervenors. Here are some of the key arguments:

Solicitor General Tushar Mehta, appearing for the central government

• Since May 1, 3,700 special trains have been operating for migrants. Total 91 lakh migrants have been shifted. Transport from one state to another is done in coordination with originating state.
• Several migrants have opted to not shift as activities reopened.
• 5 kg grain and 1 kg pulse is being provided to every migrant, irrespective of whether or not they are in camps.
• States have taken migrants on foot to the nearest railway station in buses.
• Centre is doing a lot to prevent Covid-19 but there are ‘prophets of doom’ in our country who only spread negativity, negativity, negativity. These armchair intellectuals do not recognise the nation’s efforts.
• States and ministers are working overnight. None of these people acknowledge that.
• Those who come before your lordships, let them establish their credentials. They earn in crores. Have they spent a penny? People are feeding others on the streets. Did any of them care to come out of their AC offices?
• All these people wanting to intervene need to apply the vulture and child story. What have they contributed?
• People are working tirelessly. From the safai karamcharis to the prime minister.
• Don’t let anyone use this platform to become a political one. Let the impleadment applicant file affidavit on what their contribution is.
• If a handful of people are allowed to control the situation, it will become an ADM Jabalpur moment.
• Some high courts are running parallel governments.

Senior Advocate PS Narasimha, appearing for the State of Uttar Pradesh

• Extraordinary efforts have been taken by the state of Uttar Pradesh.
• 18 lakh persons have been shifted and 1,335 trains are running.
• 176 trains commissioned, of which 96 are special trains.
• At every stage, the state has established a mechanism (food, shelter and transport, among others).

Advocate Manish Kumar appearing for the State of Bihar:

• 10 lakh people received by road. There are quarantine centers at block, panchayat and village levels.
• People from same source, area being kept at the same center.
• People are being reimbursed for tickets and expenses.

Senior Advocate Kapil Sibal

• A national plan is prepared by the National Executive Committee and approved by NDMA (National Disaster Management Authority).
• Guidelines for minimum standards of relief have to be set, which includes shelter, food, drinking water, medical cover and sanitation.
• To date, no minimum standards have been given for shelter, relief camps, food, water, medication. The problem has arisen due to this. There has to be coordination between national, state and district plans.
• All responsibility has been shifted to state governments without minimum standards. That’s why people are walking. It has nothing to do with politics.
• By 2020, the number of migrants should be about four crore. If they have transported 91 lakh people in 27 days, what about the others?
• There are people who don’t speak Hindi, there are migrants from other states who are not able to communicate. What food is being provided to them? Pulses is not the answer. Where will they cook all this?
• In your (central government’s) affidavit, you haven’t pointed out the national plan or state plan. Right now, railways is working at 3% capacity. My suggestion is more trains should run.

Advocate Indira Jaising

• There are surplus trains that can be used for migrants. Only 3% trains are being used as of now. There is a total of four crore migrants waiting to get back home.
• As recently as May 23, they (central government) said they were transporting about 35 lakh migrants. How many days will it take to ensure that every migrant reaches home?
• We are giving you statistics based on the press release issued by the Indian Railways. It’s asking for pre-booking registration. Information about where and how are trains going to depart is not being given. It published schedule for Vande Bharat (mission to evacuate Indians stranded around the world), but not for these trains.

Senior Advocate Abhishek Manu Singhvi

• Solicitor General said fare is paid by receiving or originating states. Should there not be a central committee for this?
• Migrant is reaching the station without knowing whether he is going to get in the train. There are district-wise lists.
• Solicitor General is saying 100% of the ticket fare is given by the state. But states have no money. Shouldn’t there be a committee for this?
• A large number of points of departures and arrivals don’t have camps where food, shelter, water, etc. can be given. There is no support system. There’s no state or nationwide plan.

Some states couldn’t appear for the hearing on Thursday. The Supreme Court has asked all governments to file their reply, detailing the number of migrants, plan for transportation and mechanism of registration, among others.

The apex court also directed that as and when state governments put in a request for trains, railways has to provide them.

The case will now come up for hearing on June 5.