- (1.) This IA has been filed in Suo Motu Writ Petition (Civil) No.6 of 2020 (In Re: Problems and Miseries of Migrant Labourers). 1.1 In the year 2020 when the Nationwide lockdown was imposed on 24.03.2020 migrant labourers were the great sufferers because of cessation of their employment, they being left with no financial support to sustain themselves they were large exodus from metro cities like Delhi and Bombay. 1.2 This Court in the writ petition has issued various directions including orders dated 09.06.2020 and 31.07.2020. This Court on 09.06.2020 and 31.07.2020 had directed all the States and Union Territories to provide transport to all stranded migrant workers within 15 days. In view of the surge of second wave of COVID-19 which witnessed after March, 2021, NCT of Delhi and other States have brought fresh restrictions, night curfews and lockdowns in April, 2021. The applicant pleads that in April, 2021 due to restrictions, curfews and lockdowns in the State of NCT of Delhi, State of U.P., State of Haryana in the entire NCR region, there has been loss of livelihood of migrant labourers and they have started to moving to their home Districts fearing that lockdown may continue bringing more miseries to them. The applicant highlights that exorbitant fares being charged from migrant labourers who wanted to go home by private bus owners ranging from 4 to 5 times of normal fares. The applicant prays that the last year Central Government has announced Atma Nirbhar Bharat Scheme where for the period of two months May and June, 2020, 5 kgs of food grains and one kg of pulses were declared to be given to the migrant labourers who were not covered by the Public Distribution System under the National Food Security Act. The applicant also referred to Pradhan Mantri Garib Kalyan Ann Yojana. The applicant's prayer is that the Central Government and State Governments immediately put in place mechanisms to provide rations to all migrant workers and their families who have been excluded from the National Food Security Act and PDS programmes. The applicant's case is that at the time of such immense crisis, self-declaration on need of rations should be accepted to ensure maximum access for the marginalised. 1.3 The applicant has also prayed that it is crucial to provide free cooked food through networks of community kitchens, hunger relief and feeding centres especially at places where distressed migrant workers are congregating such as industrial areas, homeless shelters, bus stations, train stations and other areas. The applicant's prayer is that the migrant labourers who want to go to their home town should be extended transport facilities by the State Governments to reduce their miseries references to Newspaper's reported dated 20.04.2021, Times of India have been made, newspaper reported regarding over-charging of fares by the private vehicles has also been highlighted. The applicant prays that authorities must ensure for those migrant labourers who wish to go back to their villages for which purpose necessary transport may be provided by the Central and State Governments. It is further pleaded that effective dissemination of information about all welfare schemes put in place for migrant workers which will be published so that migrant labourers may access the schemes.
(2.) 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 they shall ameliorate miseries of stranded migrant labourers. We also issue notice on the application to State of Maharashtra, State of Gujarat and State of Bihar to file their reply giving the 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. In the meantime, we issue following interim directions: (1) Dry ration to migrant workers in National Capital Region under Atma Nirbhar Bharat Scheme or any other scheme be provided by the Union of India, NCT of Delhi, State of U.P. and State of Haryana utilising the Public Distribution System prevalent in each State with effect from May, 2021. While providing dry ration the authorities of the States shall not insist on an identity card for those migrant labourers who do not possess for the time being and on self-declaration made by the stranded migrant labourers dry ration be given to them. (2) NCT of Delhi, State of U.P. and State of Haryana (for the Districts included in the NCR) shall ensure that adequate transport is provided to stranded migrant labourers (in the National Capital Region) who want to return to their home. The District Administration in coordination with Police Administration may identify such stranded migrant labourers and facilitate their transport either by road transport or train. The Union of India may also issue necessary instructions to Ministry of Railways to take necessary and adequate measures to cater the need of migrant labourers. (3) NCT of Delhi, State of U.P. and State of Haryana (for the Districts included in the NCR) shall open community kitchen at well-advertised places (in the National Capital Region) for stranded migrant labourers so that they and their family members who are stranded could get two meals a day.
(3.) In our earlier order dated 09.06.2020, in paragraphs 24 and 31, we noted and observed as under: "24. An application was filed by National Human Rights Commission for intervention, which has been allowed. In the application the National Human Rights Commission has referred to six instances where the National Human Right Commission has taken suo motu cognizance of the issues and had issued notices to various Government departments. We have no doubt that National Human Rights Commission shall take those proceedings to its logical end. National Human Rights Commission has also suggested certain short-term measures and long-term measures to ameliorate the conditions of the migrant workers. Reference of enactments, namely, Interstate Migrant Workmen (Regulations of Employment and Conditions of Service) Act, 1979 as well as Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 have been made to. Reference has also been made to Unorganised Workers' Social Security Act, 2008. With regard to working of the aforesaid enactments and the measures taken by the different States, we shall consider the response of the States and thereafter shall consider the issues raised regarding short-term measures and long-term measures. 31. As noted above, majority of stranded workers have reached at their native places. The second major task which has now to be undertaken by the concerned States and Union Territories is of taking care of those migrant workers/labourers who have returned to their native places after cessation of their employment. The first step in this regard is to maintain record of all such migrant workers, who have arrived at different places, towns in different States. The details of migrant workers, nature of their skill, place of their earlier employment be maintained in prescribed proforma to be formulated by the concerned State at village level, block level and the district level so that necessary helps can be extended by the State authorities and district authorities to these migrant labourers. Counselling centres be set up by the concerned State at block level and the district level to provide all information regarding Government schemes and other avenues of employment to these workers and where possible to expand the avenues of employment to these workers so that they may not sit idle and they may be utilised as a resource by the State. Various counsel appearing for the States and other counsel have also submitted that some of the migrant labourers, who got themselves registered to return to their native place have changed their mind and after reopening of the industries and factories they have re-joined employment and are not willing to return. It is further submitted that some of the migrant workers who have returned to native place, now are willing to come back to their place of employment and are ready to undertake return journey in search of the employment. The State may also provide necessary information and facilitate the return of the workers who want to return to their employment. Necessary information should be provided by the State in this regard by creating help desk with the help of railway authorities and road transport authorities. Apart from schemes, which are run by the Central Government for the benefit of people in the country, each State have also their own schemes taking care of different aspects including providing avenues for employment. Migrant labourers and other needy persons should be made aware of all schemes through counselling centres and help desk which may be established by the States at district levels and block levels to extend helping hand to large number of migrant workers. We are also of the view that all 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 by this Court for issuing appropriate direction in that regard." ;